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Home » US Law » 2022 Maryland Statutes » Agriculture » Title 5 - Pesticide and Pest Control » Subtitle 2 - Pesticide Applicator's Law

Section 5-201 – Definitions

    (a)    In this subtitle the following words have the meanings indicated.     (b)    “Application” means the spreading of pesticides, by contract or otherwise, for any person owning or renting property.     (c)    “Certified applicator” means a person who is certified by the Secretary under this subtitle.     (d)    “Customer” means a person who has entered into a contract with a licensee for […]

Section 5-203 – Pesticide Fund

    All fees collected under the provisions of this subtitle shall be placed in a fund, known as the “Pesticide Fund”, and used to defray partially the expenses of administering this subtitle. Any unexpended funds shall revert to the General Fund of the State at the end of the fiscal year.

Section 5-204 – Duties of Secretary

    The Secretary, by suitable administrative procedures including public hearings, if appropriate, shall:         (1)    Adopt rules and regulations governing the storage, sale, distribution, exchange, use, and disposal of any pesticide and its container;         (2)    Prescribe, when necessary, the time and conditions under which a pesticide may be sold, distributed, exchanged, or used in different areas of the State; […]

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.

Section 5-206 – Qualifications for Licenses; Issuance and Revocation; Financial Responsibility

    (a)    The Secretary shall establish, by rule or regulation, qualifications for licensing and certification in each category established by § 5–207 of this subtitle to assure competence and responsibility in the application of pesticides.     (b)    The Secretary may issue licenses, permits, and certificates only to an applicant who meets the requirements established by the Department.     (c)    The Secretary […]

Section 5-207 – Requirements — Certificates, Fees, Permits, Etc

    (a)    Each pest control consultant, pest control applicator, or public agency applicator shall obtain an annual certificate indicating competence in one or more established categories from the Secretary. Each private applicator shall obtain a certificate which shall require periodic renewal as determined by the Secretary.     (b)    Each application for a certificate by a pest control consultant or […]

Section 5-207.1 – Additional Training; Reinstatement of Certification

    (a)    The Secretary shall require that each pest control consultant, pest control applicator, or public agency applicator receive additional training prepared and administered by the Department when significant technological developments have occurred requiring additional knowledge in the area of classification for which the consultant or applicator has applied.     (b)    When certification has been suspended or revoked, the […]

Section 5-208 – Information to Be Supplied Customer; Advance Notice of Application; Signs Posted for Exterior Applications; Information to Be Supplied Department Prior to Application of Experimental Pesticide

    (a)    When a pesticide is applied, or at the time a customer enters into a contract with a licensee for pest control, a licensee shall provide a customer with the following written information:         (1)    Name of licensee;         (2)    Maryland pesticide business license number;         (3)    Telephone number of licensee;         (4)    Common name of pesticide or active ingredient applied;         (5)    Pertinent safety information, […]

Section 5-208.1 – Integrated Pest Management Systems in Schools and School Grounds

    (a)    (1)    In this section the following words have the meanings indicated.         (2)    “Contact person” means an individual knowledgeable about integrated pest management and designated by a county board to act under subsection (e) of this section.         (3)    “County board” has the meaning stated in § 1–101 of the Education Article.         (4)    “Crack and crevice treatment” means the application of […]

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, […]