Maryland 2024 Regular Session

Maryland House Bill HB1190 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	hb1190
6	6
7	7	HOUSE BILL 1190
8	8	M4 4lr2923
9	9
10	10	By: Delegate Ruth
11	11	Introduced and read first time: February 8, 2024
12	12	Assigned to: Health and Government Operations
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Pesticides – PFAS Chemicals – Prohibitions 2
19	19
20	20	FOR the purpose of prohibiting, beginning on a certain date, a person from selling a 3
21	21	pesticide that has PFAS chemicals listed as an active ingredient on certain labeling 4
22	22	accompanying the pesticide; prohibiting, beginning on a certain date, a person from 5
23	23	using a pesticide that has PFAS chemicals listed as an active ingredient on certain 6
24	24	labeling; and generally relating to pesticides and PFAS chemicals. 7
25	25
26	26	BY repealing and reenacting, without amendments, 8
27	27	Article – Agriculture 9
28	28	Section 5–101(a) and (b) and 5–201(a), (g), and (l) 10
29	29	Annotated Code of Maryland 11
30	30	(2016 Replacement Volume and 2023 Supplement) 12
31	31
32	32	BY adding to 13
33	33	Article – Agriculture 14
34	34	Section 5–210.6 15
35	35	Annotated Code of Maryland 16
36	36	(2016 Replacement Volume and 2023 Supplement) 17
37	37
38	38	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
39	39	That the Laws of Maryland read as follows: 19
40	40
41	41	Article – Agriculture 20
42	42
43	43	5–101. 21
44	44
45	45	(a) In this subtitle the following words have the meanings indicated. 22
46	46
47	47	(b) “Active ingredient” means: 23
48	48	2 HOUSE BILL 1190
49	49
50	50
51	51	(1) In the case of a pesticide other than a plant regulator, defoliant, or 1
52	52	desiccant, an ingredient which prevents, destroys, repels, or mitigates insects, nematodes, 2
53	53	fungi, rodents, weeds, bacteria, or other pests; 3
54	54
55	55	(2) In the case of a plant regulator, an ingredient which, through 4
56	56	physiological action, accelerates or retards the rate of growth or rate of maturation or 5
57	57	otherwise alters the behavior of ornamental or crop plants or their produce; 6
58	58
59	59	(3) In the case of a defoliant, an ingredient which causes the leaves or 7
60	60	foliage to drop from a plant; and 8
61	61
62	62	(4) In the case of a desiccant, an ingredient which artificially accelerates 9
63	63	the drying of plant tissue. 10
64	64
65	65	5–201. 11
66	66
67	67	(a) In this subtitle the following words have the meanings indicated. 12
68	68
69	69	(g) “Labeling” means all written, printed, or graphic matter: 13
70	70
71	71	(1) Accompanying the pesticide or device at any time; or 14
72	72
73	73	(2) To which reference is made on the label or in literature accompanying 15
74	74	the pesticide or device, except to current official publications of the: 16
75	75
76	76	(i) Environmental Protection Agency; 17
77	77
78	78	(ii) United States Departments of Agriculture, Interior, and Health 18
79	79	and Human Services; 19
80	80
81	81	(iii) State experiment stations; 20
82	82
83	83	(iv) State agricultural colleges; or 21
84	84
85	85	(v) Other similar federal or State institutions or agencies authorized 22
86	86	by law to conduct research in the field of pesticides. 23
87	87
88	88	(l) “Pesticide” means any substance or mixture of substances intended for: 24
89	89
90	90	(1) Preventing, destroying, repelling, or mitigating any pest; 25
91	91
92	92	(2) Use as a plant regulator, defoliant, or desiccant; or 26
93	93
94	94	(3) Use as a spray adjuvant such as a wetting agent or adhesive. 27
95	95
96	96	5–210.6. 28
97	97	HOUSE BILL 1190 3
98	98
99	99
100	100	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 1
101	101	INDICATED. 2
102	102
103	103	(2) “ACTIVE INGREDIENT ” HAS THE MEANING STATED IN § 5–101 OF 3
104	104	THIS TITLE. 4
105	105
106	106	(3) “PFAS CHEMICALS” MEANS A CLASS OF FLU ORINATED 5
107	107	CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM, 6
108	108	INCLUDING PERFLUOROA LKYL AND POLYFLUOROA LKYL SUBSTANCES . 7
109	109
110	110	(B) BEGINNING JUNE 1, 2025, A PERSON MAY NOT SELL A PESTICIDE THAT 8
111	111	HAS PFAS CHEMICALS LISTED AS AN ACTIVE INGREDIENT ON THE LABELING . 9
112	112
113	113	(C) BEGINNING DECEMBER 31, 2025, A PERSON MAY NOT USE A PESTICIDE 10
114	114	THAT HAS PFAS CHEMICALS LISTED AS AN ACTIVE INGREDIENT ON THE LABELING . 11
115	115
116	116	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 12
117	117	October 1, 2024. 13