Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 41 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 41 | |
5 | - | (House Bill 114) | |
6 | 2 | ||
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* | |
8 | 9 | ||
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 | |
11 | 21 | ||
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 ______ | |
20 | 23 | ||
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 | |
26 | 25 | ||
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 | |
33 | 28 | ||
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 | |
39 | 37 | ||
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 | |
42 | 43 | ||
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 | |
44 | 49 | ||
45 | - | 5–201. | |
46 | 50 | ||
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 | |
49 | 52 | ||
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 | |
53 | 58 | ||
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 | |
58 | 61 | ||
59 | - | (j) (1) “Pest control applicator” means a person engaged in the business of pest | |
60 | - | control. | |
62 | + | Article – Agriculture 9 | |
61 | 63 | ||
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 | |
65 | 65 | ||
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 | |
69 | 67 | ||
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 | |
73 | 70 | ||
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 | |
76 | 75 | ||
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 | |
80 | 78 | ||
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 | |
82 | 82 | ||
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 | |
85 | 86 | ||
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 | |
87 | 90 | ||
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 | |
93 | 93 | ||
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 | |
96 | 98 | ||
97 | - | – 3 – | |
98 | - | (A) IN THIS SECTION, “GENERAL USE PESTICID E” MEANS A PESTICIDE TH AT | |
99 | - | IS NOT A RESTRICTED USE PESTICIDE. | |
100 | 99 | ||
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 | |
103 | 101 | ||
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 | |
105 | 104 | ||
106 | - | ||
105 | + | [5–209. 4 | |
107 | 106 | ||
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 | |
109 | 112 | ||
110 | - | ||
113 | + | 5–209. 10 | |
111 | 114 | ||
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 | |
113 | 117 | ||
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 | |
115 | 120 | ||
116 | - | (C) EACH COMMERCIAL APPLI CATION OF A RESTRICT ED USE PESTICIDE | |
117 | - | SHALL BE DONE BY : | |
121 | + | (1) BY: 15 | |
118 | 122 | ||
119 | - | ( | |
123 | + | (I) A CERTIFIED PEST CONTR OL APPLICATOR ; OR 16 | |
120 | 124 | ||
121 | - | ( | |
125 | + | (II) A CERTIFIED PUBLIC AGE NCY APPLICATOR ; OR 17 | |
122 | 126 | ||
123 | - | (D) (1) EACH PRIVATE APPLICAT ION OF A RESTRICTED USE PESTICIDE | |
124 | - | SHALL BE DONE BY : | |
127 | + | (2) UNDER THE SUPERVISION OF: 18 | |
125 | 128 | ||
126 | - | (I) A CERTIFIED | |
129 | + | (I) A CERTIFIED PEST CONTR OL APPLICATOR ; OR 19 | |
127 | 130 | ||
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 | |
132 | 132 | ||
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 | |
137 | 135 | ||
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 | |
141 | 137 | ||
142 | - | ||
138 | + | (2) A CERTIFIED PUBLIC AGE NCY APPLICATOR . 24 | |
143 | 139 | ||
144 | - | ( | |
145 | - | ||
140 | + | (D) (1) EACH PRIVATE APPLICAT ION OF A RESTRICTED USE PESTICIDE 25 | |
141 | + | SHALL BE DONE BY: 26 | |
146 | 142 | ||
147 | - | ||
143 | + | (I) A CERTIFIED PRIVATE AP PLICATOR; OR 27 4 HOUSE BILL 114 | |
148 | 144 | ||
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. | |
156 | 145 | ||
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. | |
159 | 146 | ||
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 | |
162 | 151 | ||
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 | |
165 | 156 | ||
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 | |
167 | 160 | ||
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 | |
169 | 163 | ||
170 | - | 2. Registered employee who has completed a course in | |
171 | - | termiticide application that is approved by the Department. | |
164 | + | [5–210.5. 14 | |
172 | 165 | ||
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 | |
174 | 173 | ||
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 | |
176 | 176 | ||
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 | |
180 | 179 | ||
181 | - | ( | |
182 | - | the | |
180 | + | (i) The cyclodiene termiticide is designated as a restricted use 26 | |
181 | + | pesticide in a manner determined by the Department; and 27 | |
183 | 182 | ||
184 | - | ||
183 | + | (ii) The purchaser is a: 28 | |
185 | 184 | ||
186 | - | [5–901. | |
187 | - | WES MOORE, Governor Ch. 41 | |
185 | + | 1. Certified pesticide applicator; or 29 | |
188 | 186 | ||
189 | - | ||
190 | - | ||
187 | + | 2. Registered employee who has completed a course in 30 | |
188 | + | termiticide application that is approved by the Department. 31 | |
191 | 189 | ||
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 | |
197 | 191 | ||
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. | |
200 | 192 | ||
201 | - | (d) “Commercial boatyard” means: | |
202 | 193 | ||
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 | |
205 | 195 | ||
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 | |
208 | 199 | ||
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 | |
212 | 202 | ||
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 | |
215 | 204 | ||
216 | - | ||
205 | + | [5–901. 8 | |
217 | 206 | ||
218 | - | ||
207 | + | (a) In this subtitle the following words have the meanings indicated. 9 | |
219 | 208 | ||
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 | |
223 | 214 | ||
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 | |
227 | 217 | ||
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 | |
231 | 219 | ||
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 | |
236 | 222 | ||
237 | - | ||
238 | - | ( | |
223 | + | (2) An independent marine maintenance contractor who engages in any of 20 | |
224 | + | the activities under paragraph (1) of this subsection. 21 | |
239 | 225 | ||
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 | |
242 | 229 | ||
243 | - | ( | |
244 | - | ||
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 | |
245 | 232 | ||
246 | - | ( | |
233 | + | (2) “Vessel” includes barges and tugs.] 27 | |
247 | 234 | ||
248 | - | (2) Is commonly referred to as an outboard or lower drive unit paint; and | |
235 | + | [5–902. 28 | |
236 | + | 6 HOUSE BILL 114 | |
249 | 237 | ||
250 | - | (3) Has an acceptable release rate.] | |
251 | 238 | ||
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 | |
253 | 242 | ||
254 | - | | |
255 | - | ||
256 | - | ||
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 | |
257 | 246 | ||
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 | |
259 | 250 | ||
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 | |
262 | 254 | ||
263 | - | ||
255 | + | (i) Is applied only within a commercial boatyard; and 13 | |
264 | 256 | ||
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 | |
268 | 259 | ||
269 | - | ( | |
270 | - | ||
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 | |
271 | 262 | ||
272 | - | ||
263 | + | (1) Is in a spray can of 16 ounces or less; 18 | |
273 | 264 | ||
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 | |
276 | 266 | ||
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 | |
279 | 268 | ||
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. |