Maryland 2025 2025 Regular Session

Maryland House Bill HB114 Introduced / Bill

Filed 01/02/2025

                     
 
EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. 
        [Brackets] indicate matter deleted from existing law. 
          *hb0114*  
  
HOUSE BILL 114 
M4   	5lr0034 
  	(PRE–FILED) 	CF SB 249 
By: Chair, Environment and Transportation Committee (By Request 	– 
Departmental – Agriculture) 
Requested: October 7, 2024 
Introduced and read first time: January 8, 2025 
Assigned to: Environment and Transportation 
 
A BILL ENTITLED 
 
AN ACT concerning 1 
 
Pesticide and Pest Control – Revisions to Pesticide Applicator’s Law and Repeal 2 
of Obsolete Provisions 3 
 
FOR the purpose of establishing requirements for the commercial application of general 4 
use pesticides, the commercial application of restricted use pesticides, and the 5 
private application of restricted use pesticides; requiring a certified private 6 
applicator to ensure that certain individuals working under the certified applicator’s 7 
supervision meet certain requirements; specifying the responsibility and liability of 8 
certified applicators for the application of certain pesticides; repealing provisions of 9 
law concerning the sale and use of cyclodiene termiticide and antifouling paint 10 
containing tributyltin compound; and generally relating to pesticide and pest control. 11 
 
BY repealing and reenacting, without amendments, 12 
 Article – Agriculture 13 
 Section 5–201(a), (c), (i), (j), (o), (p), (r), and (s) 14 
 Annotated Code of Maryland 15 
 (2016 Replacement Volume and 2024 Supplement) 16 
 
BY repealing 17 
 Article – Agriculture 18 
Section 5–209 and 5–210.5; and 5–901 through 5–906 and the subtitle “Subtitle 9. 19 
Antifouling Paints” 20 
 Annotated Code of Maryland 21 
 (2016 Replacement Volume and 2024 Supplement) 22 
 
BY adding to 23 
 Article – Agriculture 24 
 Section 5–209 25 
 Annotated Code of Maryland 26  2 	HOUSE BILL 114  
 
 
 (2016 Replacement Volume and 2024 Supplement) 1 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBL Y OF MARYLAND, 2 
That the Laws of Maryland read as follows: 3 
 
Article – Agriculture 4 
 
5–201. 5 
 
 (a) In this subtitle the following words have the meanings indicated. 6 
 
 (c) “Certified applicator” means a person who is certified by the Secretary under 7 
this subtitle. 8 
 
 (i) “Pest control” means engaging in, or offering to engage in, recommending, 9 
advertising, soliciting the use of, supervising the use of, or using, a pesticide or a device for 10 
the identification, control, eradication, mitigation, detection, inspection, or prevention of a 11 
pest in, on, or around any house, building, water, air, land, plant, structure, or animal. 12 
 
 (j) (1) “Pest control applicator” means a person engaged in the business of pest 13 
control. 14 
 
 (2) Except as provided by the Secretary, “pest control applicator” includes 15 
a person who applies pesticides on any premises where the public is commonly invited for 16 
the sale of goods or services. 17 
 
 (o) “Private applicator” means a person who uses a restricted use pesticide for the 18 
purpose of producing any agricultural commodity on property owned or rented by the 19 
applicator or applicator’s employer. 20 
 
 (p) “Public agency applicator” means a person employed by a unit of federal, 21 
State, county or local government or any training institution which is engaged in pest 22 
control. 23 
 
 (r) “Restricted use pesticide” means a pesticide so classified by the provisions in 24 
this title or by the federal government or the Secretary of Agriculture, State of Maryland. 25 
 
 (s) “Supervision” means, unless otherwise provided by federal or State labeling, 26 
the act or process whereby the application of a pesticide is made by a competent person 27 
acting under the instructions and control of a certified applicator who is: 28 
 
 (1) Responsible for actions of that person; and 29 
 
 (2) Available when needed, though the certified applicator may not be 30 
physically present at the time and place the pesticide is applied. 31 
 
[5–209. 32   	HOUSE BILL 114 	3 
 
 
 
 Each commercial application of a pesticide shall be under the supervision of a 1 
certified pest control applicator or certified public agency applicator who is responsible and 2 
liable for the application. Each application of a restricted use pesticide by a certified private 3 
applicator shall be done under his supervision, and he is responsible and liable for the 4 
application.] 5 
 
5–209. 6 
 
 (A) IN THIS SECTION, “GENERAL USE PESTICID E” MEANS A PESTICIDE TH AT 7 
IS NOT A RESTRICTED USE PESTICIDE. 8 
 
 (B) EACH COMMERCIAL APPLI CATION OF A GENERAL USE PESTICIDE SHALL 9 
BE DONE: 10 
 
 (1) BY: 11 
 
 (I) A CERTIFIED PEST CONTR OL APPLICATOR ; OR 12 
 
 (II) A CERTIFIED PUBLIC AGE NCY APPLICATOR ; OR 13 
 
 (2) UNDER THE SUPERVISION OF: 14 
 
 (I) A CERTIFIED PEST CONTR OL APPLICATOR ; OR 15 
 
 (II) A CERTIFIED PUBLIC AGE NCY APPLICATOR . 16 
 
 (C) EACH COMMERCIAL APPLI CATION OF A RESTRICT ED USE PESTICIDE 17 
SHALL BE DONE BY : 18 
 
 (1) A CERTIFIED PEST CONTR OL APPLICATOR ; OR 19 
 
 (2) A CERTIFIED PUBLIC AGE NCY APPLICATOR . 20 
 
 (D) (1) EACH PRIVATE APPLICAT ION OF A RESTRICTED USE PESTICIDE 21 
SHALL BE DONE BY : 22 
 
 (I) A CERTIFIED PRIVATE AP PLICATOR; OR 23 
 
 (II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN 24 
INDIVIDUAL WORKING U NDER THE DIRECT SUPE RVISION OF A CERTIFI ED PRIVATE 25 
APPLICATOR WHO IS CE RTIFIED IN THE SPECI FIC CATEGORY OF APPL ICATION 26 
BEING UTILIZED BY TH E INDIVIDUAL. 27 
  4 	HOUSE BILL 114  
 
 
 (2) A CERTIFIED PRIVATE AP PLICATOR SHALL ENSUR E THAT ALL OF 1 
THE REQUIREMENTS SET F ORTH IN 40 C.F.R. § 171.201(B)(3) ARE MET BEFORE 2 
ALLOWING A NONCERTIF IED INDIVIDUAL TO US E A RESTRICTED USE P ESTICIDE 3 
UNDER THE CERTIFIED APPLICATOR’S DIRECT SUPERVISION . 4 
 
 (E) (1) CERTIFIED PESTICIDE C ONTROL APPLICATORS A ND PUBLIC 5 
AGENCY APPLICATORS ARE R ESPONSIBLE AND LIABL E FOR THE APPLICATIO N OF 6 
GENERAL USE PESTICID ES AND RESTRICTED US E PESTICIDES. 7 
 
 (2) CERTIFIED PRIVATE APP LICATORS ARE RESPONS IBLE AND 8 
LIABLE FOR THE APPLI CATION OF RESTRICTED USE PESTICIDES. 9 
 
[5–210.5. 10 
 
 (a) In this section, “cyclodiene termiticide” means chlordane (1, 2, 4, 5, 6, 7, 8,  11 
8–octachloro–2, 3, 3a, 4, 7, 7a–hexahydro–4, 7–methanoindene), heptachlor (1, 4, 5, 6, 7, 8, 12 
8–heptachloro–3a, 4, 7, 7a–tetrahydro–4, 7–methanoindene), aldrin (1, 2, 3, 4, 10,  13 
10–hexachloro–1, 4, 4a, 5, 8, 8a–hexahydro–1, 4:5,8–dimethanonaphthalene), and dieldrin 14 
(3, 4, 5, 6, 9, 9–hexachloro–1a, 2, 2a, 3, 6, 6a, 7, 7a–octahydro–2, 7:3, 6–dimethanonaphth 15 
(2, 3–b) oxirene) and related cyclodiene chemical compounds used for the control of 16 
termites. 17 
 
 (b) (1) On and after October 1, 1987, each cyclodiene termiticide distributed, 18 
sold, or offered for sale in this State shall be classified as a restricted use pesticide. 19 
 
 (2) A person may distribute, sell, or offer for sale a cyclodiene termiticide 20 
only if: 21 
 
 (i) The cyclodiene termiticide is designated as a restricted use 22 
pesticide in a manner determined by the Department; and 23 
 
 (ii) The purchaser is a: 24 
 
 1. Certified pesticide applicator; or 25 
 
 2. Registered employee who has completed a course in 26 
termiticide application that is approved by the Department. 27 
 
 (3) A cyclodiene termiticide applied by a licensee shall be applied only by: 28 
 
 (i) A certified pesticide applicator; or 29 
 
 (ii) A registered employee who has completed a course in termiticide 30 
application that is approved by the Department and is making the application under the 31 
direct supervision of a certified pesticide applicator. 32 
   	HOUSE BILL 114 	5 
 
 
 (c) Before October 1, 1987, the Department shall adopt regulations to carry out 1 
the provisions of this section.] 2 
 
[Subtitle 9. Antifouling Paints.] 3 
 
[5–901. 4 
 
 (a) In this subtitle the following words have the meanings indicated. 5 
 
 (b) “Acceptable release rate” means a measured release rate equal to or less than 6 
5.0 micrograms per square centimeter per day at steady state conditions determined in 7 
accordance with the U.S. Environmental Protection Agency testing procedure, as outlined 8 
in the Agency’s call–in notice of July 29, 1986 on tributyltin in antifouling paints under the 9 
Federal Insecticide, Fungicide, and Rodenticide Act. 10 
 
 (c) “Antifouling paint” means a compound, coating, paint, or treatment applied or 11 
used for the purpose of controlling freshwater or marine fouling organisms on vessels. 12 
 
 (d) “Commercial boatyard” means: 13 
 
 (1) A facility that engages for hire in the construction, storage, 14 
maintenance, repair, or refurbishing of vessels; or 15 
 
 (2) An independent marine maintenance contractor who engages in any of 16 
the activities under paragraph (1) of this subsection. 17 
 
 (e) “Tributyltin compound” means any organotin compound that has 3 normal 18 
butyl groups attached to a tin atom and with or without an anion, such as chloride, fluoride, 19 
or oxide. 20 
 
 (f) (1) “Vessel” means a watercraft or other contrivance used as a means of 21 
transportation on water, whether self–propelled or otherwise. 22 
 
 (2) “Vessel” includes barges and tugs.] 23 
 
[5–902. 24 
 
 (a) (1) Except as provided in subsection (b) of this section, a person may not 25 
distribute, possess, sell, offer for sale, use, or offer for use any antifouling paint containing 26 
a tributyltin compound. 27 
 
 (2) A person may not distribute, possess, sell, offer for sale, use, or offer for 28 
use any substance that contains a tributyltin compound in concentrated form and that is 29 
labeled for mixing with paint by the user to produce an antifouling paint for use on a vessel. 30 
  6 	HOUSE BILL 114  
 
 
 (b) (1) A person may distribute or sell an antifouling paint containing a 1 
tributyltin compound with an acceptable release rate to the owner or agent of a commercial 2 
boatyard. 3 
 
 (2) The owner or agent of a commercial boatyard may possess and apply or 4 
purchase for application an antifouling paint containing tributyltin with an acceptable 5 
release rate, if the antifouling paint: 6 
 
 (i) Is applied only within a commercial boatyard; and 7 
 
 (ii) Is applied only to vessels exceeding 25 meters in length or that 8 
have aluminum hulls. 9 
 
 (c) This section does not prohibit the sale, use, distribution, or possession of an 10 
antifouling paint containing a tributyltin compound, if the antifouling paint: 11 
 
 (1) Is in a spray can of 16 ounces or less; 12 
 
 (2) Is commonly referred to as an outboard or lower drive unit paint; and 13 
 
 (3) Has an acceptable release rate.] 14 
 
[5–903. 15 
 
 This subtitle does not infringe on interstate commerce, and out–of–state vessels that 16 
have an antifouling paint containing a tributyltin compound in excess of an acceptable 17 
release rate may travel and dock in State waters.] 18 
 
[5–904. 19 
 
 The Secretary shall adopt regulations before September 15, 1987 to carry out the 20 
provisions of this subtitle.] 21 
 
[5–905. 22 
 
 (a) The Department may seize any antifouling paint or any substance described 23 
in § 5–902(a)(2) of this subtitle that is held for sale or distribution, used, or possessed in 24 
violation of this subtitle. 25 
 
 (b) Any antifouling paint or any substance described in § 5–902(a)(2) of this 26 
subtitle seized by the Department under this section is deemed forfeited to the State.] 27 
 
[5–906. 28 
 
 A person who violates any provision of this subtitle is guilty of a misdemeanor and 29 
on conviction is subject to a fine not exceeding $2,500.] 30   	HOUSE BILL 114 	7 
 
 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 
October 1, 2025. 2