Maryland 2025 Regular Session

Maryland House Bill HB114 Compare Versions

OldNewDifferences
1- WES MOORE, Governor Ch. 41
21
3-– 1 –
4-Chapter 41
5-(House Bill 114)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0114*
89
9-Pesticide and Pest Control – Revisions to Pesticide Applicator’s Law and Repeal
10-of Obsolete Provisions
10+HOUSE BILL 114
11+M4 5lr0034
12+ (PRE–FILED) CF SB 249
13+By: Chair, Environment and Transportation Committee (By Request –
14+Departmental – Agriculture)
15+Requested: October 7, 2024
16+Introduced and read first time: January 8, 2025
17+Assigned to: Environment and Transportation
18+Committee Report: Favorable
19+House action: Adopted
20+Read second time: February 27, 2025
1121
12-FOR the purpose of establishing requirements for the commercial application of general
13-use pesticides, the commercial application of restricted use pesticides, and the
14-private application of restricted use pesticides; requiring a certified private
15-applicator to ensure that certain individuals working under the certified applicator’s
16-supervision meet certain requirements; specifying the responsibility and liability of
17-certified applicators for the application of certain pesticides; repealing provisions of
18-law concerning the sale and use of cyclodiene termiticide and antifouling paint
19-containing tributyltin compound; and generally relating to pesticide and pest control.
22+CHAPTER ______
2023
21-BY repealing and reenacting, without amendments,
22- Article – Agriculture
23- Section 5–201(a), (c), (i), (j), (o), (p), (r), and (s)
24- Annotated Code of Maryland
25- (2016 Replacement Volume and 2024 Supplement)
24+AN ACT concerning 1
2625
27-BY repealing
28- Article – Agriculture
29-Section 5–209 and 5–210.5; and 5–901 through 5–906 and the subtitle “Subtitle 9.
30-Antifouling Paints”
31- Annotated Code of Maryland
32- (2016 Replacement Volume and 2024 Supplement)
26+Pesticide and Pest Control – Revisions to Pesticide Applicator’s Law and Repeal 2
27+of Obsolete Provisions 3
3328
34-BY adding to
35- Article – Agriculture
36- Section 5–209
37- Annotated Code of Maryland
38- (2016 Replacement Volume and 2024 Supplement)
29+FOR the purpose of establishing requirements for the commercial application of general 4
30+use pesticides, the commercial application of restricted use pesticides, and the 5
31+private application of restricted use pesticides; requiring a certified private 6
32+applicator to ensure that certain individuals working under the certified applicator’s 7
33+supervision meet certain requirements; specifying the responsibility and liability of 8
34+certified applicators for the application of certain pesticides; repealing provisions of 9
35+law concerning the sale and use of cyclodiene termiticide and antifouling paint 10
36+containing tributyltin compound; and generally relating to pesticide and pest control. 11
3937
40- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF M ARYLAND,
41-That the Laws of Maryland read as follows:
38+BY repealing and reenacting, without amendments, 12
39+ Article – Agriculture 13
40+ Section 5–201(a), (c), (i), (j), (o), (p), (r), and (s) 14
41+ Annotated Code of Maryland 15
42+ (2016 Replacement Volume and 2024 Supplement) 16
4243
43-Article – Agriculture
44+BY repealing 17
45+ Article – Agriculture 18
46+Section 5–209 and 5–210.5; and 5–901 through 5–906 and the subtitle “Subtitle 9. 19
47+Antifouling Paints” 20
48+ Annotated Code of Maryland 21 2 HOUSE BILL 114
4449
45-5–201.
4650
47- (a) In this subtitle the following words have the meanings indicated.
48- Ch. 41 2025 LAWS OF MARYLAND
51+ (2016 Replacement Volume and 2024 Supplement) 1
4952
50-– 2 –
51- (c) “Certified applicator” means a person who is certified by the Secretary under
52-this subtitle.
53+BY adding to 2
54+ Article – Agriculture 3
55+ Section 5–209 4
56+ Annotated Code of Maryland 5
57+ (2016 Replacement Volume and 2024 Supplement) 6
5358
54- (i) “Pest control” means engaging in, or offering to engage in, recommending,
55-advertising, soliciting the use of, supervising the use of, or using, a pesticide or a device for
56-the identification, control, eradication, mitigation, detection, inspection, or prevention of a
57-pest in, on, or around any house, building, water, air, land, plant, structure, or animal.
59+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
60+That the Laws of Maryland read as follows: 8
5861
59- (j) (1) “Pest control applicator” means a person engaged in the business of pest
60-control.
62+Article – Agriculture 9
6163
62- (2) Except as provided by the Secretary, “pest control applicator” includes
63-a person who applies pesticides on any premises where the public is commonly invited for
64-the sale of goods or services.
64+5–201. 10
6565
66- (o) “Private applicator” means a person who uses a restricted use pesticide for the
67-purpose of producing any agricultural commodity on property owned or rented by the
68-applicator or applicator’s employer.
66+ (a) In this subtitle the following words have the meanings indicated. 11
6967
70- (p) “Public agency applicator” means a person employed by a unit of federal,
71-State, county or local government or any training institution which is engaged in pest
72-control.
68+ (c) “Certified applicator” means a person who is certified by the Secretary under 12
69+this subtitle. 13
7370
74- (r) “Restricted use pesticide” means a pesticide so classified by the provisions in
75-this title or by the federal government or the Secretary of Agriculture, State of Maryland.
71+ (i) “Pest control” means engaging in, or offering to engage in, recommending, 14
72+advertising, soliciting the use of, supervising the use of, or using, a pesticide or a device for 15
73+the identification, control, eradication, mitigation, detection, inspection, or prevention of a 16
74+pest in, on, or around any house, building, water, air, land, plant, structure, or animal. 17
7675
77- (s) “Supervision” means, unless otherwise provided by federal or State labeling,
78-the act or process whereby the application of a pesticide is made by a competent person
79-acting under the instructions and control of a certified applicator who is:
76+ (j) (1) “Pest control applicator” means a person engaged in the business of pest 18
77+control. 19
8078
81- (1) Responsible for actions of that person; and
79+ (2) Except as provided by the Secretary, “pest control applicator” includes 20
80+a person who applies pesticides on any premises where the public is commonly invited for 21
81+the sale of goods or services. 22
8282
83- (2) Available when needed, though the certified applicator may not be
84-physically present at the time and place the pesticide is applied.
83+ (o) “Private applicator” means a person who uses a restricted use pesticide for the 23
84+purpose of producing any agricultural commodity on property owned or rented by the 24
85+applicator or applicator’s employer. 25
8586
86-[5–209.
87+ (p) “Public agency applicator” means a person employed by a unit of federal, 26
88+State, county or local government or any training institution which is engaged in pest 27
89+control. 28
8790
88- Each commercial application of a pesticide shall be under the supervision of a
89-certified pest control applicator or certified public agency applicator who is responsible and
90-liable for the application. Each application of a restricted use pesticide by a certified private
91-applicator shall be done under his supervision, and he is responsible and liable for the
92-application.]
91+ (r) “Restricted use pesticide” means a pesticide so classified by the provisions in 29
92+this title or by the federal government or the Secretary of Agriculture, State of Maryland. 30
9393
94-5–209.
95- WES MOORE, Governor Ch. 41
94+ (s) “Supervision” means, unless otherwise provided by federal or State labeling, 31
95+the act or process whereby the application of a pesticide is made by a competent person 32
96+acting under the instructions and control of a certified applicator who is: 33
97+ HOUSE BILL 114 3
9698
97-– 3 –
98- (A) IN THIS SECTION, “GENERAL USE PESTICID E” MEANS A PESTICIDE TH AT
99-IS NOT A RESTRICTED USE PESTICIDE.
10099
101- (B) EACH COMMERCIAL APPLI CATION OF A GENERAL USE PESTICIDE SHALL
102-BE DONE:
100+ (1) Responsible for actions of that person; and 1
103101
104- (1) BY:
102+ (2) Available when needed, though the certified applicator may not be 2
103+physically present at the time and place the pesticide is applied. 3
105104
106- (I) A CERTIFIED PEST CONTR OL APPLICATOR ; OR
105+[5–209. 4
107106
108- (II) A CERTIFIED PUBLIC AGE NCY APPLICATOR ; OR
107+ Each commercial application of a pesticide shall be under the supervision of a 5
108+certified pest control applicator or certified public agency applicator who is responsible and 6
109+liable for the application. Each application of a restricted use pesticide by a certified private 7
110+applicator shall be done under his supervision, and he is responsible and liable for the 8
111+application.] 9
109112
110- (2) UNDER THE SUPERVISION OF:
113+5–209. 10
111114
112- (I) A CERTIFIED PEST CONTR OL APPLICATOR ; OR
115+ (A) IN THIS SECTION, “GENERAL USE PESTICID E” MEANS A PESTICIDE TH AT 11
116+IS NOT A RESTRICTED USE PESTICIDE. 12
113117
114- (II) A CERTIFIED PUBLIC AGE NCY APPLICATOR .
118+ (B) EACH COMMERCIAL APPLI CATION OF A GENERAL USE PESTICIDE SHALL 13
119+BE DONE: 14
115120
116- (C) EACH COMMERCIAL APPLI CATION OF A RESTRICT ED USE PESTICIDE
117-SHALL BE DONE BY :
121+ (1) BY: 15
118122
119- (1) A CERTIFIED PEST CONTR OL APPLICATOR ; OR
123+ (I) A CERTIFIED PEST CONTR OL APPLICATOR ; OR 16
120124
121- (2) A CERTIFIED PUBLIC AGE NCY APPLICATOR .
125+ (II) A CERTIFIED PUBLIC AGE NCY APPLICATOR ; OR 17
122126
123- (D) (1) EACH PRIVATE APPLICAT ION OF A RESTRICTED USE PESTICIDE
124-SHALL BE DONE BY :
127+ (2) UNDER THE SUPERVISION OF: 18
125128
126- (I) A CERTIFIED PRIVATE AP PLICATOR; OR
129+ (I) A CERTIFIED PEST CONTR OL APPLICATOR ; OR 19
127130
128- (II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, AN
129-INDIVIDUAL WORKING U NDER THE DIRECT SUPE RVISION OF A CERTIFI ED PRIVATE
130-APPLICATOR WHO IS CE RTIFIED IN THE SPECI FIC CATEGORY OF APPL ICATION
131-BEING UTILIZED BY TH E INDIVIDUAL.
131+ (II) A CERTIFIED PUBLIC AGE NCY APPLICATOR. 20
132132
133- (2) A CERTIFIED PRIVATE AP PLICATOR SHALL ENSUR E THAT ALL OF
134-THE REQUIREMENTS SET FORT H IN 40 C.F.R. § 171.201(B)(3) ARE MET BEFORE
135-ALLOWING A NONCERTIF IED INDIVIDUAL TO US E A RESTRICTED USE P ESTICIDE
136-UNDER THE CERTIFIED APPLICATOR’S DIRECT SUPERVISION .
133+ (C) EACH COMMERCIAL APPLI CATION OF A RESTRICT ED USE PESTICIDE 21
134+SHALL BE DONE BY : 22
137135
138- (E) (1) CERTIFIED PESTICIDE C ONTROL APPLICATORS A ND PUBLIC
139-AGENCY APPLICATORS ARE RESP ONSIBLE AND LIABLE F OR THE APPLICATION O F
140-GENERAL USE PESTICID ES AND RESTRICTED US E PESTICIDES. Ch. 41 2025 LAWS OF MARYLAND
136+ (1) A CERTIFIED PEST CONTR OL APPLICATOR ; OR 23
141137
142-– 4 –
138+ (2) A CERTIFIED PUBLIC AGE NCY APPLICATOR . 24
143139
144- (2) CERTIFIED PRIVATE APP LICATORS ARE RESPONS IBLE AND
145-LIABLE FOR THE APPLI CATION OF RESTRICTED USE PESTICIDES.
140+ (D) (1) EACH PRIVATE APPLICAT ION OF A RESTRICTED USE PESTICIDE 25
141+SHALL BE DONE BY: 26
146142
147-[5–210.5.
143+ (I) A CERTIFIED PRIVATE AP PLICATOR; OR 27 4 HOUSE BILL 114
148144
149- (a) In this section, “cyclodiene termiticide” means chlordane (1, 2, 4, 5, 6, 7, 8,
150-8–octachloro–2, 3, 3a, 4, 7, 7a–hexahydro–4, 7–methanoindene), heptachlor (1, 4, 5, 6, 7, 8,
151-8–heptachloro–3a, 4, 7, 7a–tetrahydro–4, 7–methanoindene), aldrin (1, 2, 3, 4, 10,
152-10–hexachloro–1, 4, 4a, 5, 8, 8a–hexahydro–1, 4:5,8–dimethanonaphthalene), and dieldrin
153-(3, 4, 5, 6, 9, 9–hexachloro–1a, 2, 2a, 3, 6, 6a, 7, 7a–octahydro–2, 7:3, 6–dimethanonaphth
154-(2, 3–b) oxirene) and related cyclodiene chemical compounds used for the control of
155-termites.
156145
157- (b) (1) On and after October 1, 1987, each cyclodiene termiticide distributed,
158-sold, or offered for sale in this State shall be classified as a restricted use pesticide.
159146
160- (2) A person may distribute, sell, or offer for sale a cyclodiene termiticide
161-only if:
147+ (II) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , AN 1
148+INDIVIDUAL WORKING U NDER THE DIRECT SUPE RVISION OF A CERTIFI ED PRIVATE 2
149+APPLICATOR WHO IS CE RTIFIED IN THE SPECI FIC CATEGORY OF APPL ICATION 3
150+BEING UTILIZED BY THE IN DIVIDUAL. 4
162151
163- (i) The cyclodiene termiticide is designated as a restricted use
164-pesticide in a manner determined by the Department; and
152+ (2) A CERTIFIED PRIVATE AP PLICATOR SHALL ENSUR E THAT ALL OF 5
153+THE REQUIREMENTS SET FORTH IN 40 C.F.R. § 171.201(B)(3) ARE MET BEFORE 6
154+ALLOWING A NONCERTIF IED INDIVIDUAL TO US E A RESTRICTED USE P ESTICIDE 7
155+UNDER THE CERTIFIED APPLICATOR’S DIRECT SUPERVISION . 8
165156
166- (ii) The purchaser is a:
157+ (E) (1) CERTIFIED PESTICIDE C ONTROL APPLICATORS A ND PUBLIC 9
158+AGENCY APPLICATORS A RE RESPONSIBLE AND L IABLE FOR THE APPLIC ATION OF 10
159+GENERAL USE PESTICID ES AND RESTRICTED US E PESTICIDES. 11
167160
168- 1. Certified pesticide applicator; or
161+ (2) CERTIFIED PRIVATE APP LICATORS ARE R ESPONSIBLE AND 12
162+LIABLE FOR THE APPLI CATION OF RESTRICTED USE PESTICIDES. 13
169163
170- 2. Registered employee who has completed a course in
171-termiticide application that is approved by the Department.
164+[5–210.5. 14
172165
173- (3) A cyclodiene termiticide applied by a licensee shall be applied only by:
166+ (a) In this section, “cyclodiene termiticide” means chlordane (1, 2, 4, 5, 6, 7, 8, 15
167+8–octachloro–2, 3, 3a, 4, 7, 7a–hexahydro–4, 7–methanoindene), heptachlor (1, 4, 5, 6, 7, 8, 16
168+8–heptachloro–3a, 4, 7, 7a–tetrahydro–4, 7–methanoindene), aldrin (1, 2, 3, 4, 10, 17
169+10–hexachloro–1, 4, 4a, 5, 8, 8a–hexahydro–1, 4:5,8–dimethanonaphthalene), and dieldrin 18
170+(3, 4, 5, 6, 9, 9–hexachloro–1a, 2, 2a, 3, 6, 6a, 7, 7a–octahydro–2, 7:3, 6–dimethanonaphth 19
171+(2, 3–b) oxirene) and related cyclodiene chemical compounds used for the control of 20
172+termites. 21
174173
175- (i) A certified pesticide applicator; or
174+ (b) (1) On and after October 1, 1987, each cyclodiene termiticide distributed, 22
175+sold, or offered for sale in this State shall be classified as a restricted use pesticide. 23
176176
177- (ii) A registered employee who has completed a course in termiticide
178-application that is approved by the Department and is making the application under the
179-direct supervision of a certified pesticide applicator.
177+ (2) A person may distribute, sell, or offer for sale a cyclodiene termiticide 24
178+only if: 25
180179
181- (c) Before October 1, 1987, the Department shall adopt regulations to carry out
182-the provisions of this section.]
180+ (i) The cyclodiene termiticide is designated as a restricted use 26
181+pesticide in a manner determined by the Department; and 27
183182
184-[Subtitle 9. Antifouling Paints.]
183+ (ii) The purchaser is a: 28
185184
186-[5–901.
187- WES MOORE, Governor Ch. 41
185+ 1. Certified pesticide applicator; or 29
188186
189-– 5 –
190- (a) In this subtitle the following words have the meanings indicated.
187+ 2. Registered employee who has completed a course in 30
188+termiticide application that is approved by the Department. 31
191189
192- (b) “Acceptable release rate” means a measured release rate equal to or less than
193-5.0 micrograms per square centimeter per day at steady state conditions determined in
194-accordance with the U.S. Environmental Protection Agency testing procedure, as outlined
195-in the Agency’s call–in notice of July 29, 1986 on tributyltin in antifouling paints under the
196-Federal Insecticide, Fungicide, and Rodenticide Act.
190+ (3) A cyclodiene termiticide applied by a licensee shall be applied only by: 32 HOUSE BILL 114 5
197191
198- (c) “Antifouling paint” means a compound, coating, paint, or treatment applied or
199-used for the purpose of controlling freshwater or marine fouling organisms on vessels.
200192
201- (d) “Commercial boatyard” means:
202193
203- (1) A facility that engages for hire in the construction, storage,
204-maintenance, repair, or refurbishing of vessels; or
194+ (i) A certified pesticide applicator; or 1
205195
206- (2) An independent marine maintenance contractor who engages in any of
207-the activities under paragraph (1) of this subsection.
196+ (ii) A registered employee who has completed a course in termiticide 2
197+application that is approved by the Department and is making the application under the 3
198+direct supervision of a certified pesticide applicator. 4
208199
209- (e) “Tributyltin compound” means any organotin compound that has 3 normal
210-butyl groups attached to a tin atom and with or without an anion, such as chloride, fluoride,
211-or oxide.
200+ (c) Before October 1, 1987, the Department shall adopt regulations to carry out 5
201+the provisions of this section.] 6
212202
213- (f) (1) “Vessel” means a watercraft or other contrivance used as a means of
214-transportation on water, whether self–propelled or otherwise.
203+[Subtitle 9. Antifouling Paints.] 7
215204
216- (2) “Vessel” includes barges and tugs.]
205+[5–901. 8
217206
218-[5–902.
207+ (a) In this subtitle the following words have the meanings indicated. 9
219208
220- (a) (1) Except as provided in subsection (b) of this section, a person may not
221-distribute, possess, sell, offer for sale, use, or offer for use any antifouling paint containing
222-a tributyltin compound.
209+ (b) “Acceptable release rate” means a measured release rate equal to or less than 10
210+5.0 micrograms per square centimeter per day at steady state conditions determined in 11
211+accordance with the U.S. Environmental Protection Agency testing procedure, as outlined 12
212+in the Agency’s call–in notice of July 29, 1986 on tributyltin in antifouling paints under the 13
213+Federal Insecticide, Fungicide, and Rodenticide Act. 14
223214
224- (2) A person may not distribute, possess, sell, offer for sale, use, or offer for
225-use any substance that contains a tributyltin compound in concentrated form and that is
226-labeled for mixing with paint by the user to produce an antifouling paint for use on a vessel.
215+ (c) “Antifouling paint” means a compound, coating, paint, or treatment applied or 15
216+used for the purpose of controlling freshwater or marine fouling organisms on vessels. 16
227217
228- (b) (1) A person may distribute or sell an antifouling paint containing a
229-tributyltin compound with an acceptable release rate to the owner or agent of a commercial
230-boatyard.
218+ (d) “Commercial boatyard” means: 17
231219
232- (2) The owner or agent of a commercial boatyard may possess and apply or
233-purchase for application an antifouling paint containing tributyltin with an acceptable
234-release rate, if the antifouling paint:
235- Ch. 41 2025 LAWS OF MARYLAND
220+ (1) A facility that engages for hire in the construction, storage, 18
221+maintenance, repair, or refurbishing of vessels; or 19
236222
237-– 6 –
238- (i) Is applied only within a commercial boatyard; and
223+ (2) An independent marine maintenance contractor who engages in any of 20
224+the activities under paragraph (1) of this subsection. 21
239225
240- (ii) Is applied only to vessels exceeding 25 meters in length or that
241-have aluminum hulls.
226+ (e) “Tributyltin compound” means any organotin compound that has 3 normal 22
227+butyl groups attached to a tin atom and with or without an anion, such as chloride, fluoride, 23
228+or oxide. 24
242229
243- (c) This section does not prohibit the sale, use, distribution, or possession of an
244-antifouling paint containing a tributyltin compound, if the antifouling paint:
230+ (f) (1) “Vessel” means a watercraft or other contrivance used as a means of 25
231+transportation on water, whether self–propelled or otherwise. 26
245232
246- (1) Is in a spray can of 16 ounces or less;
233+ (2) “Vessel” includes barges and tugs.] 27
247234
248- (2) Is commonly referred to as an outboard or lower drive unit paint; and
235+[5–902. 28
236+ 6 HOUSE BILL 114
249237
250- (3) Has an acceptable release rate.]
251238
252-[5–903.
239+ (a) (1) Except as provided in subsection (b) of this section, a person may not 1
240+distribute, possess, sell, offer for sale, use, or offer for use any antifouling paint containing 2
241+a tributyltin compound. 3
253242
254- This subtitle does not infringe on interstate commerce, and out–of–state vessels that
255-have an antifouling paint containing a tributyltin compound in excess of an acceptable
256-release rate may travel and dock in State waters.]
243+ (2) A person may not distribute, possess, sell, offer for sale, use, or offer for 4
244+use any substance that contains a tributyltin compound in concentrated form and that is 5
245+labeled for mixing with paint by the user to produce an antifouling paint for use on a vessel. 6
257246
258-[5–904.
247+ (b) (1) A person may distribute or sell an antifouling paint containing a 7
248+tributyltin compound with an acceptable release rate to the owner or agent of a commercial 8
249+boatyard. 9
259250
260- The Secretary shall adopt regulations before September 15, 1987 to carry out the
261-provisions of this subtitle.]
251+ (2) The owner or agent of a commercial boatyard may possess and apply or 10
252+purchase for application an antifouling paint containing tributyltin with an acceptable 11
253+release rate, if the antifouling paint: 12
262254
263-[5–905.
255+ (i) Is applied only within a commercial boatyard; and 13
264256
265- (a) The Department may seize any antifouling paint or any substance described
266-in § 5–902(a)(2) of this subtitle that is held for sale or distribution, used, or possessed in
267-violation of this subtitle.
257+ (ii) Is applied only to vessels exceeding 25 meters in length or that 14
258+have aluminum hulls. 15
268259
269- (b) Any antifouling paint or any substance described in § 5–902(a)(2) of this
270-subtitle seized by the Department under this section is deemed forfeited to the State.]
260+ (c) This section does not prohibit the sale, use, distribution, or possession of an 16
261+antifouling paint containing a tributyltin compound, if the antifouling paint: 17
271262
272-[5–906.
263+ (1) Is in a spray can of 16 ounces or less; 18
273264
274- A person who violates any provision of this subtitle is guilty of a misdemeanor and
275-on conviction is subject to a fine not exceeding $2,500.]
265+ (2) Is commonly referred to as an outboard or lower drive unit paint; and 19
276266
277- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
278-October 1, 2025.
267+ (3) Has an acceptable release rate.] 20
279268
280-Approved by the Governor, April 8, 2025.
269+[5–903. 21
270+
271+ This subtitle does not infringe on interstate commerce, and out–of–state vessels that 22
272+have an antifouling paint containing a tributyltin compound in excess of an acceptable 23
273+release rate may travel and dock in State waters.] 24
274+
275+[5–904. 25
276+
277+ The Secretary shall adopt regulations before September 15, 1987 to carry out the 26
278+provisions of this subtitle.] 27
279+
280+[5–905. 28
281+
282+ (a) The Department may seize any antifouling paint or any substance described 29
283+in § 5–902(a)(2) of this subtitle that is held for sale or distribution, used, or possessed in 30
284+violation of this subtitle. 31 HOUSE BILL 114 7
285+
286+
287+
288+ (b) Any antifouling paint or any substance described in § 5–902(a)(2) of this 1
289+subtitle seized by the Department under this section is deemed forfeited to the State.] 2
290+
291+[5–906. 3
292+
293+ A person who violates any provision of this subtitle is guilty of a misdemeanor and 4
294+on conviction is subject to a fine not exceeding $2,500.] 5
295+
296+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
297+October 1, 2025. 7
298+
299+
300+
301+
302+Approved:
303+________________________________________________________________________________
304+ Governor.
305+________________________________________________________________________________
306+ Speaker of the House of Delegates.
307+________________________________________________________________________________
308+ President of the Senate.