Maryland 2022 Regular Session

Maryland Senate Bill SB268 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0268
6	6
7	7	SENATE BILL 268
8	8	M4, M3 2lr1514
9	9	CF 2lr1516
10	10	By: Senator Kagan
11	11	Introduced and read first time: January 17, 2022
12	12	Assigned to: Education, Health, and Environmental Affairs
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Pesticide Regulation – Transfer to Department of the Environment 2
19	19
20	20	FOR the purpose of transferring the regulation of pesticides, plant diseases, and mosquitos 3
21	21	in the State from the Department of Agriculture to the Department of the 4
22	22	Environment; and generally relating to the regulation of pesticides, plant diseases, 5
23	23	and mosquitos in the State. 6
24	24
25	25	BY transferring 7
26	26	Article – Agriculture 8
27	27	Section 5–101, 5–102, 5–104 through 5–107, 5–107.1, and 5–108 through 5–114, 9
28	28	respectively, and the subtitle “Subtitle 1. Maryland Pesticide Registration and 10
29	29	Labeling Law”; 5–201 through 5–207, 5–207.1, 5–208, 5–208.1, 5–209, 11
30	30	5–209.1, 5–210, 5–210.1 through 5–210.5, and 5–211, respectively, and the 12
31	31	subtitle “Subtitle 2. Pesticide Applicator’s Law”; 5–2A–01 through 5–2A–05, 13
32	32	respectively, and the subtitle “Subtitle 2A. Neonicotinoid Pesticides”; 5–301, 14
33	33	5–302, and 5–304 through 5–314, respectively, and the subtitle “Subtitle 3. 15
34	34	Plant Disease Control”; and 5–401 through 5–405, 5–405.1, and 5–406 16
35	35	through 5–408, respectively, and the subtitle “Subtitle 4. Mosquito Control” 17
36	36	Annotated Code of Maryland 18
37	37	(2016 Replacement Volume and 2021 Supplement) 19
38	38	to be 20
39	39	Article – Environment 21
40	40	Section 18–101 through 18–114, respectively, and the subtitle “Subtitle 1. Maryland 22
41	41	Pesticide Registration and Labeling Law”; 18 –201 through 18–219, 23
42	42	respectively, and the subtitle “Subtitle 2. Pesticide Applicator’s Law”; 18–301 24
43	43	through 18–305, respectively, and the subtitle “Subtitle 3. Neonicotinoid 25
44	44	Pesticides”; 18–401 through 18–413, respectively, and the subtitle “Subtitle 4. 26
45	45	Plant Disease Control”; and 18–501 through 18–509, respectively, and the 27
46	46	subtitle “Subtitle 5. Mosquito Control” to be under the new title “Title 18. 28
47	47	Pesticides” 29
48	48	Annotated Code of Maryland 30 2 SENATE BILL 268
49	49
50	50
51	51	(2014 Replacement Volume and 2021 Supplement) 1
52	52
53	53	BY repealing and reenacting, without amendments, 2
54	54	Article – Environment 3
55	55	Section 18–101(a) and 18–301(a) 4
56	56	Annotated Code of Maryland 5
57	57	(2014 Replacement Volume and 2021 Supplement) 6
58	58	(As enacted by Section 1 of this Act) 7
59	59
60	60	BY repealing and reenacting, with amendments, 8
61	61	Article – Environment 9
62	62	Section 18–101(l), 18–103, 18–107(c), 18–109(d), 18–110, 18–111(b), 18–204, 10
63	63	18–206(a), 18–217(d), 18–301(b) and (d), 18–405(b), 18–408(e), 18–508(a), and 11
64	64	18–509 12
65	65	Annotated Code of Maryland 13
66	66	(2014 Replacement Volume and 2021 Supplement) 14
67	67	(As enacted by Section 1 of this Act) 15
68	68
69	69	BY repealing 16
70	70	Article – Environment 17
71	71	Section 18–412 18
72	72	Annotated Code of Maryland 19
73	73	(2014 Replacement Volume and 2021 Supplement) 20
74	74	(As enacted by Section 1 of this Act) 21
75	75
76	76	BY adding to 22
77	77	Article – Environment 23
78	78	Section 18–412 24
79	79	Annotated Code of Maryland 25
80	80	(2014 Replacement Volume and 2021 Supplement) 26
81	81
82	82	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEM BLY OF MARYLAND, 27
83	83	That Section(s) 5–101, 5–102, 5–104 through 5–107, 5–107.1, and 5–108 through 5–114, 28
84	84	respectively, and the subtitle “Subtitle 1. Maryland Pesticide Registration and Labeling 29
85	85	Law”; 5–201 through 5–207, 5–207.1, 5–208, 5–208.1, 5–209, 5–209.1, 5–210, 5–210.1 30
86	86	through 5–210.5, and 5–211, respectively, and the subtitle “Subtitle 2. Pesticide 31
87	87	Applicator’s Law”; 5–2A–01 through 5–2A–05, respectively, and the subtitle “Subtitle 2A. 32
88	88	Neonicotinoid Pesticides”; 5–301, 5–302, and 5–304 through 5–314, respectively, and the 33
89	89	subtitle “Subtitle 3. Plant Disease Control”; and 5–401 through 5–405, 5–405.1, and 5–406 34
90	90	through 5–408, respectively, and the subtitle “Subtitle 4. Mosquito Control” of Article – 35
91	91	Agriculture of the Annotated Code of Maryland be transferred to be Section(s) 18–101 36
92	92	through 18–114, respectively, and the subtitle “Subtitle 1. Maryland Pesticide Registration 37
93	93	and Labeling Law”; 18–201 through 18–219, respectively, and the subtitle “Subtitle 2. 38
94	94	Pesticide Applicator’s Law”; 18–301 through 18–305, respectively, and the subtitle 39
95	95	“Subtitle 3. Neonicotinoid Pesticides”; 18–401 through 18–413, respectively, and the 40
96	96	subtitle “Subtitle 4. Plant Disease Control”; and 18–501 through 18–509, respectively, and 41 SENATE BILL 268 3
97	97
98	98
99	99	the subtitle “Subtitle 5. Mosquito Control” to be under the new title “Title 18. Pesticides” of 1
100	100	Article – Environment of the Annotated Code of Maryland. 2
101	101
102	102	SECTION 2. AND BE IT FURTHER ENACTED , That the Laws of Maryland read 3
103	103	as follows: 4
104	104
105	105	Article – Environment 5
106	106
107	107	18–101. 6
108	108
109	109	(a) In this subtitle the following words have the meanings indicated. 7
110	110
111	111	(l) “Ingredient statement” means: 8
112	112
113	113	(1) [A] FOR A PREPARATION DEC LARED HIGHLY TOXIC T O HUMANS 9
114	114	UNDER § 18–103(B) OF THIS SUBTITLE, A statement of the name and percentage of each 10
115	115	active ingredient, together with the total percentage of inert ingredients in the pesticide; 11
116	116
117	117	(2) A statement of the name of each active ingredient, together with the 12
118	118	name of each and total percentage of any inert ingredient in the pesticide; or 13
119	119
120	120	(3) In the case of a pesticide containing arsenic in any form, a statement of 14
121	121	the percentages of total and water soluble arsenic, each calculated as elemental arsenic, in 15
122	122	addition to the requirements of [paragraphs] ITEMS (1) and (2) of this subsection. 16
123	123	[Paragraph (1) of this subsection applies to any preparation declared highly toxic to 17
124	124	humans, pursuant to § 5–104(b) of this subtitle.] 18
125	125
126	126	18–103. 19
127	127
128	128	(a) The Secretary, after public hearing, may adopt appropriate rules and 20
129	129	regulations to carry out the provisions of this subtitle, including rules and regulations 21
130	130	providing for the collection and examination of samples of pesticides. 22
131	131
132	132	(b) The Secretary may: 23
133	133
134	134	(1) Declare any form of plant or animal life or virus which is injurious to 24
135	135	plants, humans, domestic animals, articles, or substances to be a pest; 25
136	136
137	137	(2) Determine whether any pesticide is highly toxic to humans; and 26
138	138
139	139	(3) Subject pesticides to the requirements of [§ 5–105] § 18–104 of this 27
140	140	subtitle. 28
141	141
142	142	[(c) Uniform pesticide requirements between the several states and the federal 29
143	143	government are desirable to avoid confusion that endangers the public health and that 30
144	144	results from diverse requirements, particularly relating to the labeling and coloring of 31 4 SENATE BILL 268
145	145
146	146
147	147	pesticides, and to avoid increased costs to the people of the State due to the necessity of 1
148	148	complying with diverse requirements for manufacturing and selling pesticides. 2
149	149	Consequently, the Secretary, after public hearing, may adopt the rules and regulations of 3
150	150	the appropriate agency of the United States government relating to pesticides, if the rules 4
151	151	and regulations are applicable to and conform with the primary standards established by 5
152	152	this subtitle.] 6
153	153
154	154	18–107. 7
155	155
156	156	(c) All penalties collected under this section shall be paid into the State Chemist 8
157	157	Fund under § 6–501 of [this article] THE AGRICULTURE ARTICLE. 9
158	158
159	159	18–109. 10
160	160
161	161	(d) A person may not use for his own advantage or reveal any information 11
162	162	concerning formulas or products acquired by authority of [§ 5–105 or § 5–106] § 18–104 12
163	163	OR § 18–105 of this subtitle, other than to the Secretary, any proper official or employee 13
164	164	of the State, to a court of the State in response to a subpoena, to a physician, or, in an 14
165	165	emergency, to a pharmacist, or any other qualified person, for use in the preparation of 15
166	166	antidotes. 16
167	167
168	168	18–110. 17
169	169
170	170	(a) (1) The following persons are not subject to any penalty for a violation of [§ 18
171	171	5–106 or § 5–109] § 18–105 OR § 18–109 of this subtitle: 19
172	172
173	173	[(1)] (I) Any carrier while lawfully engaged in transporting a pesticide 20
174	174	within the State, if the carrier, upon request, permits the Secretary to copy any record 21
175	175	showing the transactions in and movement of any pesticide; 22
176	176
177	177	[(2)] (II) Any public official of the State or the federal government engaged 23
178	178	in the performance of his official duty; or 24
179	179
180	180	[(3)] (III) [A] EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 25
181	181	SUBSECTION, A manufacturer or shipper of a pesticide for experimental use only: 26
182	182
183	183	[(i)] 1. [by] BY or under the supervision of an agency of the State 27
184	184	or of the federal government authorized by law to conduct pesticide research[,]; or 28
185	185
186	186	[(ii)] 2. [by] BY any other person if the pesticide is not sold and if 29
187	187	its container shows the manufacturer’s name and address and it is plainly and 30
188	188	conspicuously marked “for experimental use only – not to be sold”. 31
189	189
190	190	(2) [However, if] IF a written permit is obtained from the Secretary, [the] 32
191	191	A pesticide may be sold for experimental purposes subject to any restriction set forth in the 33
192	192	permit. 34 SENATE BILL 268 5
193	193
194	194
195	195
196	196	(b) (1) A pesticide is not in violation of this subtitle, if it is intended solely for 1
197	197	export to a foreign country, and if it is prepared or packed according to the specifications or 2
198	198	directions of the purchaser. 3
199	199
200	200	(2) If [the] A pesticide is not exported, all the provisions of this subtitle 4
201	201	apply. 5
202	202
203	203	18–111. 6
204	204
205	205	(b) (1) After entry of the decree of condemnation, [the] A pesticide shall be 7
206	206	destroyed or sold, as the court directs. 8
207	207
208	208	(2) If [the] A pesticide is sold, the proceeds, less legal costs, shall be paid to 9
209	209	and deposited in the fund established in § 6–501 of [this article] THE AGRICULTURE 10
210	210	ARTICLE. 11
211	211
212	212	(3) [The] A pesticide may not be sold contrary to the provision of this 12
213	213	subtitle. 13
214	214
215	215	(4) [Upon] ON payment of costs and execution and delivery of a good and 14
216	216	sufficient bond conditioned that [the] A pesticide may not be disposed of unlawfully, the 15
217	217	court may order the pesticide delivered to its owner for relabeling or reprocessing. 16
218	218
219	219	18–204. 17
220	220
221	221	The Secretary, by suitable administrative procedures including public hearings, if 18
222	222	appropriate, shall: 19
223	223
224	224	(1) [Adopt rules and] IN COLLABORATION WITH THE SECRETARY OF 20
225	225	HEALTH AND THE SECRETARY OF AGRICULTURE , ADOPT regulations governing the 21
226	226	storage, sale, distribution, exchange, use, and disposal of any pesticide and its container, 22
227	227	INCLUDING REGULATION S ESTABLISHING RESTR ICTED USES OR PROHIB ITIONS OF 23
228	228	PESTICIDES; 24
229	229
230	230	(2) Prescribe, when necessary, the time and conditions under which a 25
231	231	pesticide may be sold, distributed, exchanged, or used in different areas of the State; 26
232	232
233	233	(3) Provide, if necessary, that extremely hazardous pesticides may be sold, 27
234	234	distributed, exchanged, or applied only when special permission first is obtained from the 28
235	235	Secretary; 29
236	236
237	237	(4) Define the formulations and establish the conditions and appropriate 30
238	238	areas for application of any pesticide; 31
239	239	6 SENATE BILL 268
240	240
241	241
242	242	(5) Establish guidelines and requirements for the application of pesticides 1
243	243	and providing for submission of records to the Secretary; 2
244	244
245	245	(6) Design and conduct an appropriate educational program on the use of 3
246	246	pesticides and the necessity for care when applying them; 4
247	247
248	248	(7) Encourage, conduct, and support research which will contribute to 5
249	249	optimal uses of pesticides for maximum public benefit and minimum public damage; 6
250	250
251	251	(8) Require that records be kept by all licensees and permittees; 7
252	252
253	253	(9) Employ inspectors and other employees necessary for the proper 8
254	254	enforcement of the provisions of this subtitle and the rules and regulations adopted 9
255	255	pursuant to it; 10
256	256
257	257	(10) Coordinate and support pesticide monitoring programs; 11
258	258
259	259	(11) Establish appropriate categories and, if necessary, subcategories of 12
260	260	applicators of pesticides; 13
261	261
262	262	(12) Establish guidelines and requirements for all licensees, certificate 14
263	263	holders, and permittees for the identification of pests and their methods of inspection of 15
264	264	property to determine the presence of pests; 16
265	265
266	266	(13) For purposes of uniformity and in order to enter into cooperative 17
267	267	agreements, adopt use classifications and other pertinent pesticide regulation provisions 18
268	268	that are established by the U. S. Environmental Protection Agency; and 19
269	269
270	270	(14) Cooperate with State or federal agencies as is reasonable and proper to 20
271	271	carry out the provisions of this subtitle. 21
272	272
273	273	18–206. 22
274	274
275	275	(a) The Secretary shall establish, by rule or regulation, qualifications for licensing 23
276	276	and certification in each category established by [§ 5–207] § 18–207 of this subtitle to 24
277	277	assure competence and responsibility in the application of pesticides. 25
278	278
279	279	18–217. 26
280	280
281	281	(d) An action for an injunction under this section is in addition to, and not instead 27
282	282	of, criminal prosecution taken under [§ 5–211] § 18–219 of this subtitle or imposition of 28
283	283	civil penalties under [§ 5–210.2] § 18–215 of this subtitle. 29
284	284
285	285	18–301. 30
286	286
287	287	(a) In this subtitle the following words have the meanings indicated. 31
288	288	SENATE BILL 268 7
289	289
290	290
291	291	(b) “Certified applicator” has the meaning stated in [§ 5–201] § 18–201 of this 1
292	292	title. 2
293	293
294	294	(d) “Restricted use pesticide” has the meaning stated in [§ 5–201] § 18–201 of 3
295	295	this title. 4
296	296
297	297	18–405. 5
298	298
299	299	(b) (1) If the Secretary determines that any dangerously injurious plant pest 6
300	300	can be controlled without destroying the plant, [then he] THE SECRETARY shall order it 7
301	301	treated. 8
302	302
303	303	(2) If the person notified UNDER PARAGRAPH (1) OF THIS SUBSECTION 9
304	304	fails to comply with the order, the Secretary shall apply the appropriate control measures 10
305	305	and the owner shall pay the [cost] COSTS. 11
306	306
307	307	(3) If the owner refuses to pay the [cost] COSTS REQUIRED UNDER 12
308	308	PARAGRAPH (2) OF THIS SUBSECTION , [it] THE COSTS shall be collected as provided [in 13
309	309	§ 5–307] UNDER § 18–406 OF THIS SUBTITLE . 14
310	310
311	311	(4) The Secretary may treat any suspicious plant found in dangerous 15
312	312	proximity to those infested or infected in order to prevent dissemination. 16
313	313
314	314	18–408. 17
315	315
316	316	(e) (1) If dangerously injurious plant pests are found in any nursery, orchard, 18
317	317	or any premises where nursery stock is grown or held for sale, the Secretary shall order it 19
318	318	treated or destroyed by the [nurseryman] NURSERY or dealer. 20
319	319
320	320	(2) [He] THE SECRETARY shall release all other nursery stock grown on 21
321	321	the premises, and issue a certificate of inspection to the owner. 22
322	322
323	323	(3) If the [nurseryman] NURSERY or dealer fails to comply with the order, 23
324	324	the Secretary shall seize, destroy, [and/or] OR treat the infested or infected nursery stock 24
325	325	and the owner shall pay the costs. 25
326	326
327	327	(4) If [the] AN owner refuses to pay the [cost] COSTS REQUIRED UNDER 26
328	328	PARAGRAPH (3) OF THIS SUBSECTION , [it] THE COSTS shall be collected [as prescribed 27
329	329	in § 5–307] IN ACCORDANCE WITH § 18–406 of this subtitle. 28
330	330
331	331	[18–412. 29
332	332
333	333	Any person who violates any provision of this subtitle is subject to the penalties and 30
334	334	fines set forth in Title 12 of this article.] 31
335	335	8 SENATE BILL 268
336	336
337	337
338	338	18–412. 1
339	339
340	340	SUBJECT TO § 18–413 OF THIS SUBTITLE , A PERSON WHO VIOLATE S THIS 2
341	341	SUBTITLE OR ANY REGU LATION ADOPTED UNDER THIS SUBTITLE IS GUI LTY OF A 3
342	342	MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO: 4
343	343
344	344	(1) FOR A FIRST OFFENSE , A FINE NOT EXCEEDING $500, 5
345	345	IMPRISONMENT NOT EXC EEDING 3 MONTHS, OR BOTH; AND 6
346	346
347	347	(2) FOR A SECOND OR SUBSEQUENT OFFENSE O CCURRING WITHIN 2 7
348	348	YEARS OF A PRIOR VIO LATION AND ARISING F ROM A SEPARATE SET O F 8
349	349	CIRCUMSTANCES FROM T HE PRIOR VIOLATION , A FINE NOT EXCEEDING $1,000, 9
350	350	IMPRISONMENT NOT EXC EEDING 1 YEAR, OR BOTH. 10
351	351
352	352	18–508. 11
353	353
354	354	(a) The Secretary may bring an action for an injunction against any person 12
355	355	violating any order issued by the Secretary under [§ 5–406] § 18–507 of this subtitle. 13
356	356
357	357	18–509. 14
358	358
359	359	A person who fails to comply with the requirements of an order served under [§ 15
360	360	5–406] § 18–507 of this subtitle is guilty of a misdemeanor and on conviction is subject to: 16
361	361
362	362	(1) For a first offense, a fine not exceeding $1,000; and 17
363	363
364	364	(2) For a second or subsequent offense, a fine not exceeding $5,000. 18
365	365
366	366	SECTION 3. AND BE IT FURTHER ENACTED, That, on the effective da te of this 19
367	367	Act, the following shall be transferred to the Department of the Environment: 20
368	368
369	369	(1) the responsibilities of the Secretary of Agriculture and the Department 21
370	370	of Agriculture as it relates to the regulation of pesticides, plant diseases, and mosquitos; 22
371	371
372	372	(2) all appropriations, including State and federal funds, held by the 23
373	373	Department of Agriculture for the purpose of regulating pesticides, plant diseases, and 24
374	374	mosquitos; and 25
375	375
376	376	(3) all of the functions, powers, duties, books and records (including 26
377	377	electronic records), real and personal property, equipment, fixtures, assets, liabilities, 27
378	378	obligations, credits, rights, and privileges of the Department of Agriculture and assigned 28
379	379	for the regulation of pesticides, plant diseases, and mosquitos. 29
380	380
381	381	SECTION 4. AND BE IT FURTHER ENACTED, That, on the effective date of this 30
382	382	Act, all employees of the Department of Agriculture primarily assigned to regulate 31
383	383	pesticides, plant diseases, or mosquitos shall be transferred to the Department of the 32 SENATE BILL 268 9
384	384
385	385
386	386	Environment without diminution of their rights, benefits, employment, or retirement 1
387	387	status. 2
388	388
389	389	SECTION 5. AND BE IT FURTHER ENACTED, That the publisher of the 3
390	390	Annotated Code of Maryland, in consultation with and subject to the approval of the 4
391	391	Department of Legislative Services, shall correct, with no further action required by the 5
392	392	General Assembly, cross–references and terminology rendered incorrect by this Act. The 6
393	393	publisher shall adequately describe any correction that is made in an editor’s note following 7
394	394	the section affected. 8
395	395
396	396	SECTION 6. AND BE IT FURTHER ENACTED, That this Act shall take effect 9
397	397	October 1, 2022. 10
398	398