WES MOORE, Governor Ch. 41
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Chapter 41
(House Bill 114)
AN ACT concerning
Pesticide and Pest Control – Revisions to Pesticide Applicator’s Law and Repeal
of Obsolete Provisions
FOR the purpose of establishing requirements for the commercial application of general
use pesticides, the commercial application of restricted use pesticides, and the
private application of restricted use pesticides; requiring a certified private
applicator to ensure that certain individuals working under the certified applicator’s
supervision meet certain requirements; specifying the responsibility and liability of
certified applicators for the application of certain pesticides; repealing provisions of
law concerning the sale and use of cyclodiene termiticide and antifouling paint
containing tributyltin compound; and generally relating to pesticide and pest control.
BY repealing and reenacting, without amendments,
Article – Agriculture
Section 5–201(a), (c), (i), (j), (o), (p), (r), and (s)
Annotated Code of Maryland
(2016 Replacement Volume and 2024 Supplement)
BY repealing
Article – Agriculture
Section 5–209 and 5–210.5; and 5–901 through 5–906 and the subtitle “Subtitle 9.
Antifouling Paints”
Annotated Code of Maryland
(2016 Replacement Volume and 2024 Supplement)
BY adding to
Article – Agriculture
Section 5–209
Annotated Code of Maryland
(2016 Replacement Volume and 2024 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF M ARYLAND,
That the Laws of Maryland read as follows:
Article – Agriculture
5–201.
(a) In this subtitle the following words have the meanings indicated.
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(c) “Certified applicator” means a person who is certified by the Secretary under
this subtitle.
(i) “Pest control” means engaging in, or offering to engage in, recommending,
advertising, soliciting the use of, supervising the use of, or using, a pesticide or a device for
the identification, control, eradication, mitigation, detection, inspection, or prevention of a
pest in, on, or around any house, building, water, air, land, plant, structure, or animal.
(j) (1) “Pest control applicator” means a person engaged in the business of pest
control.
(2) Except as provided by the Secretary, “pest control applicator” includes
a person who applies pesticides on any premises where the public is commonly invited for
the sale of goods or services.
(o) “Private applicator” means a person who uses a restricted use pesticide for the
purpose of producing any agricultural commodity on property owned or rented by the
applicator or applicator’s employer.
(p) “Public agency applicator” means a person employed by a unit of federal,
State, county or local government or any training institution which is engaged in pest
control.
(r) “Restricted use pesticide” means a pesticide so classified by the provisions in
this title or by the federal government or the Secretary of Agriculture, State of Maryland.
(s) “Supervision” means, unless otherwise provided by federal or State labeling,
the act or process whereby the application of a pesticide is made by a competent person
acting under the instructions and control of a certified applicator who is:
(1) Responsible for actions of that person; and
(2) Available when needed, though the certified applicator may not be
physically present at the time and place the pesticide is applied.
[5–209.
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 the
application.]
5–209.
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(A) IN THIS SECTION, “GENERAL USE PESTICID E” MEANS A PESTICIDE TH AT
IS NOT A RESTRICTED USE PESTICIDE.
(B) EACH COMMERCIAL APPLI CATION OF A GENERAL USE PESTICIDE SHALL
BE DONE:
(1) BY:
(I) A CERTIFIED PEST CONTR OL APPLICATOR ; OR
(II) A CERTIFIED PUBLIC AGE NCY APPLICATOR ; OR
(2) UNDER THE SUPERVISION OF:
(I) A CERTIFIED PEST CONTR OL APPLICATOR ; OR
(II) A CERTIFIED PUBLIC AGE NCY APPLICATOR .
(C) EACH COMMERCIAL APPLI CATION OF A RESTRICT ED USE PESTICIDE
SHALL BE DONE BY :
(1) A CERTIFIED PEST CONTR OL APPLICATOR ; OR
(2) A CERTIFIED PUBLIC AGE NCY APPLICATOR .
(D) (1) EACH PRIVATE APPLICAT ION OF A RESTRICTED USE PESTICIDE
SHALL BE DONE BY :
(I) A CERTIFIED PRIVATE AP PLICATOR; OR
(II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, AN
INDIVIDUAL WORKING U NDER THE DIRECT SUPE RVISION OF A CERTIFI ED PRIVATE
APPLICATOR WHO IS CE RTIFIED IN THE SPECI FIC CATEGORY OF APPL ICATION
BEING UTILIZED BY TH E INDIVIDUAL.
(2) A CERTIFIED PRIVATE AP PLICATOR SHALL ENSUR E THAT ALL OF
THE REQUIREMENTS SET FORT H IN 40 C.F.R. § 171.201(B)(3) ARE MET BEFORE
ALLOWING A NONCERTIF IED INDIVIDUAL TO US E A RESTRICTED USE P ESTICIDE
UNDER THE CERTIFIED APPLICATOR’S DIRECT SUPERVISION .
(E) (1) CERTIFIED PESTICIDE C ONTROL APPLICATORS A ND PUBLIC
AGENCY APPLICATORS ARE RESP ONSIBLE AND LIABLE F OR THE APPLICATION O F
GENERAL USE PESTICID ES AND RESTRICTED US E PESTICIDES. Ch. 41 2025 LAWS OF MARYLAND
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(2) CERTIFIED PRIVATE APP LICATORS ARE RESPONS IBLE AND
LIABLE FOR THE APPLI CATION OF RESTRICTED USE PESTICIDES.
[5–210.5.
(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, 2, 2a, 3, 6, 6a, 7, 7a–octahydro–2, 7:3, 6–dimethanonaphth
(2, 3–b) oxirene) and related cyclodiene chemical compounds used for the control of
termites.
(b) (1) On and after October 1, 1987, each cyclodiene termiticide distributed,
sold, or offered for sale in this State shall be classified as a restricted use pesticide.
(2) A person may distribute, sell, or offer for sale a cyclodiene termiticide
only if:
(i) The cyclodiene termiticide is designated as a restricted use
pesticide in a manner determined by the Department; and
(ii) The purchaser is a:
1. Certified pesticide applicator; or
2. Registered employee who has completed a course in
termiticide application that is approved by the Department.
(3) A cyclodiene termiticide applied by a licensee shall be applied only by:
(i) A certified pesticide applicator; or
(ii) A registered employee who has completed a course in termiticide
application that is approved by the Department and is making the application under the
direct supervision of a certified pesticide applicator.
(c) Before October 1, 1987, the Department shall adopt regulations to carry out
the provisions of this section.]
[Subtitle 9. Antifouling Paints.]
[5–901.
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(a) In this subtitle the following words have the meanings indicated.
(b) “Acceptable release rate” means a measured release rate equal to or less than
5.0 micrograms per square centimeter per day at steady state conditions determined in
accordance with the U.S. Environmental Protection Agency testing procedure, as outlined
in the Agency’s call–in notice of July 29, 1986 on tributyltin in antifouling paints under the
Federal Insecticide, Fungicide, and Rodenticide Act.
(c) “Antifouling paint” means a compound, coating, paint, or treatment applied or
used for the purpose of controlling freshwater or marine fouling organisms on vessels.
(d) “Commercial boatyard” means:
(1) A facility that engages for hire in the construction, storage,
maintenance, repair, or refurbishing of vessels; or
(2) An independent marine maintenance contractor who engages in any of
the activities under paragraph (1) of this subsection.
(e) “Tributyltin compound” means any organotin compound that has 3 normal
butyl groups attached to a tin atom and with or without an anion, such as chloride, fluoride,
or oxide.
(f) (1) “Vessel” means a watercraft or other contrivance used as a means of
transportation on water, whether self–propelled or otherwise.
(2) “Vessel” includes barges and tugs.]
[5–902.
(a) (1) Except as provided in subsection (b) of this section, a person may not
distribute, possess, sell, offer for sale, use, or offer for use any antifouling paint containing
a tributyltin compound.
(2) A person may not distribute, possess, sell, offer for sale, use, or offer for
use any substance that contains a tributyltin compound in concentrated form and that is
labeled for mixing with paint by the user to produce an antifouling paint for use on a vessel.
(b) (1) A person may distribute or sell an antifouling paint containing a
tributyltin compound with an acceptable release rate to the owner or agent of a commercial
boatyard.
(2) The owner or agent of a commercial boatyard may possess and apply or
purchase for application an antifouling paint containing tributyltin with an acceptable
release rate, if the antifouling paint:
Ch. 41 2025 LAWS OF MARYLAND
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(i) Is applied only within a commercial boatyard; and
(ii) Is applied only to vessels exceeding 25 meters in length or that
have aluminum hulls.
(c) This section does not prohibit the sale, use, distribution, or possession of an
antifouling paint containing a tributyltin compound, if the antifouling paint:
(1) Is in a spray can of 16 ounces or less;
(2) Is commonly referred to as an outboard or lower drive unit paint; and
(3) Has an acceptable release rate.]
[5–903.
This subtitle does not infringe on interstate commerce, and out–of–state vessels that
have an antifouling paint containing a tributyltin compound in excess of an acceptable
release rate may travel and dock in State waters.]
[5–904.
The Secretary shall adopt regulations before September 15, 1987 to carry out the
provisions of this subtitle.]
[5–905.
(a) The Department may seize any antifouling paint or any substance described
in § 5–902(a)(2) of this subtitle that is held for sale or distribution, used, or possessed in
violation of this subtitle.
(b) Any antifouling paint or any substance described in § 5–902(a)(2) of this
subtitle seized by the Department under this section is deemed forfeited to the State.]
[5–906.
A person who violates any provision of this subtitle is guilty of a misdemeanor and
on conviction is subject to a fine not exceeding $2,500.]
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2025.
Approved by the Governor, April 8, 2025.