Section 5-209 – Supervision by Certified Persons
Each commercial application of a pesticide shall be under the supervision of a certified pest control applicator or certified public agency applicator who is responsible and liable for the application. Each application of a restricted use pesticide by a certified private applicator shall be done under his supervision, and he is responsible and liable for […]
Section 5-209.1 – Employee Training Programs
(a) (1) A licensee or permittee shall register with the Department any employee who performs pest control. (2) Within 30 days after employment, and before registration, an employee, other than a certified applicator, shall successfully complete training approved by the Department. (3) An employee who has not successfully completed training in accordance with the provisions of paragraph (2) of […]
Section 5-210 – Labels; Unlawful Use of Pesticide
A person may not use, apply, or recommend use of a pesticide other than as specified by the label. The label includes material attached to the container, a brochure, information furnished with the pesticide, or any information contained in the approved State registration of the pesticide. A person may not use, apply, or recommend use […]
Section 5-210.1 – Reciprocity
The Secretary may enter into reciprocal agreements with other states to provide that nonresident applicators or pest control consultants may be exempt from examination requirements under this subtitle if certified under equivalent plans of other states approved by the federal Environmental Protection Agency granting similar exemptions to residents of this State, upon payment of such […]
Section 5-210.2 – Civil Penalties
(a) (1) A person who violates any provision of this subtitle is subject to a civil penalty of not more than $2,500 for a first violation of this subtitle. (2) A person who violates any provision of this subtitle is subject to a civil penalty of not more than $5,000 for each subsequent violation of this subtitle. (3) Each […]
Section 5-210.3 – Limitations on Employer
An employer may not require a pest control applicator, as a condition of employment, to transport pesticides in a commercial transportation vehicle that does not contain a compartment for the pesticides that is separated from the passenger area or in a manner that does not provide adequate protection for the safety and health of the […]
Section 5-210.4 – Injunctions
(a) The Secretary may bring an action for an injunction against a person who violates any provision of this subtitle. (b) In an action for an injunction under this section, any finding of the Secretary after a hearing is prima facie evidence of each fact the Secretary determines. (c) On a showing that a person is violating any […]
Section 5-210.5 – Restricted Use Pesticides
(a) In this section, “cyclodiene termiticide” means chlordane (1, 2, 4, 5, 6, 7, 8, 8-octachloro-2, 3, 3a, 4, 7, 7a-hexahydro-4, 7-methanoindene), heptachlor (1, 4, 5, 6, 7, 8, 8-heptachloro-3a, 4, 7, 7a-tetrahydro-4, 7-methanoindene), aldrin (1, 2, 3, 4, 10, 10-hexachloro-1, 4, 4a, 5, 8, 8a-hexahydro-1, 4:5, 8-dimethanonaphthalene), and dieldrin (3, 4, 5, 6, 9, 9-hexachloro-1a, […]
Section 5-211 – Penalty; Indemnification for Financial Injury From Violation; Actions for Civil Damages
(a) Notwithstanding any other provision of this article, any person who violates any provision of this subtitle is guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $1,000, or imprisonment not exceeding 60 days, or both, with costs imposed in the discretion of the court. (b) Instead of or in addition to […]
Section 5-205 – Sampling and Inspection
The Secretary may sample any pesticide and inspect any device, container, product, apparatus or equipment used or intended for use in pest control operations, any establishment from which pest control is conducted, and any pesticide application or treatment performed by a certified applicator or someone under his supervision.