WES MOORE, Governor Ch. 681
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Chapter 681
(Senate Bill 854)
AN ACT concerning
Agriculture – Nuisance Insects
FOR the purpose of requiring, instead of authorizing, the Secretary of Agriculture to
implement, under certain circumstances, a program to use a certain pesticide to
control or eliminate nuisance insects in the State; requiring, instead of authorizing,
the Secretary to carry out a certain project to control or eliminate nuisance insects if
the county or municipality in which the nuisance insects are located agrees to pay a
certain portion of certain costs; and generally relating to controlling or eliminating
nuisance insects in the State.
BY repealing and reenacting, without amendments,
Article – Agriculture
Section 5–1001(a) and (c) and 5–1002
Annotated Code of Maryland
(2016 Replacement Volume and 2023 Supplement)
BY repealing and reenacting, with amendments,
Article – Agriculture
Section 5–1003
Annotated Code of Maryland
(2016 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Agriculture
5–1001.
(a) In this subtitle the following words have the meanings indicated.
(c) (1) “Nuisance insect” means an insect that is determined by the Secretary
to pester or annoy only humans.
(2) “Nuisance insect” does not include:
(i) An insect that is a threat to the health of humans, animals, or
plants; or
(ii) A pollinator.
Ch. 681 2024 LAWS OF MARYLAND
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5–1002.
The General Assembly finds that the proliferation of certain species of insects,
including the group Simulium jenningsi, commonly known as black flies, while not posing
a direct threat to the health of humans, animals, or plants, may constitute a public and
common nuisance on land and waters used for recreation, employment, and tourism.
5–1003.
(a) (1) [Subject to available funding in] IN ACCORDANCE WITH the State
budget and subject to subsection (b) of this section, the Secretary [may] SHALL implement
a program to use Bacillus thuringiensis israelensis to control or eliminate nuisance insects
in the State.
(2) The program shall be implemented on:
(i) State–owned property;
(ii) Property owned by a local government with the consent of the
local government; and
(iii) Private property with the consent of the property owner.
(3) To carry out the program, the Secretary may:
(i) Treat property with an aerial spraying or backpack spraying of
Bacillus thuringiensis israelensis;
(ii) Conduct field studies to determine the need for, location, and
time of spraying;
(iii) Schedule spraying when the conditions are optimal for ingestion
by nuisance insects;
(iv) Notify appropriate persons of the date and location of an
upcoming spraying; and
(v) Review the effectiveness of spraying.
(b) Notice provided under subsection (a)(3)(iv) of this section shall, at a minimum,
be:
(1) Provided to:
(i) Local press outlets;
WES MOORE, Governor Ch. 681
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(ii) County and local governments that are in the area that will be
affected by the spraying;
(iii) Emergency responders and associated agencies that service the
area that will be affected by the spraying; and
(iv) The local riverkeeper for the area that will be affected by the
spraying; and
(2) Posted on appropriate social media sites.
(c) (1) The Secretary [may] SHALL carry out a project to use Bacillus
thuringiensis israelensis to control or eliminate nuisance insects under this section if the
county or municipality in which the nuisance insects are located agrees to pay 50% of the
costs associated with the project.
(2) The Secretary shall remit any payment from a county or municipality
received under this subsection to the Comptroller for deposit to the Nuisance Insects Fund,
established under § 5–1004 of this subtitle.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024.
Approved by the Governor, May 9, 2024.