EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*hb0386*
HOUSE BILL 386
M4, M3 5lr1345
HB 1190/24 – HGO CF SB 345
By: Delegates Ruth, Allen, Bagnall, Bartlett, Ebersole, Embry, Fair, Feldmark,
Foley, Guyton, Guzzone, Kaufman, Lehman, R. Lewis, J. Long, McCaskill,
Pasteur, Phillips, Ruff, Simpson, Terrasa, Woods, and Woorman
Introduced and read first time: January 16, 2025
Assigned to: Health and Government Operations
A BILL ENTITLED
AN ACT concerning 1
Pesticides – PFAS Chemicals – Prohibitions 2
FOR the purpose of requiring the Department of Agriculture to develop and maintain a list 3
of certain registered pesticides that list PFAS chemicals as an active ingredient on 4
the labeling accompanying the pesticide; prohibiting a person from using, for certain 5
purposes and beginning on certain dates, certain PFAS pesticides; prohibiting, 6
beginning on a certain date, the Department from registering certain PFAS 7
pesticides for sale in the State; and generally relating to pesticides and PFAS 8
chemicals. 9
BY repealing and reenacting, without amendments, 10
Article – Agriculture 11
Section 5–101(a) and (b) and 5–201(a), (c), (g), and (l) 12
Annotated Code of Maryland 13
(2016 Replacement Volume and 2024 Supplement) 14
BY adding to 15
Article – Agriculture 16
Section 5–210.6 17
Annotated Code of Maryland 18
(2016 Replacement Volume and 2024 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Agriculture 22
5–101. 23
2 HOUSE BILL 386
(a) In this subtitle the following words have the meanings indicated. 1
(b) “Active ingredient” means: 2
(1) In the case of a pesticide other than a plant regulator, defoliant, or 3
desiccant, an ingredient which prevents, destroys, repels, or mitigates insects, nematodes, 4
fungi, rodents, weeds, bacteria, or other pests; 5
(2) In the case of a plant regulator, an ingredient which, through 6
physiological action, accelerates or retards the rate of growth or rate of maturation or 7
otherwise alters the behavior of ornamental or crop plants or their produce; 8
(3) In the case of a defoliant, an ingredient which causes the leaves or 9
foliage to drop from a plant; and 10
(4) In the case of a desiccant, an ingredient which artificially accelerates 11
the drying of plant tissue. 12
5–201. 13
(a) In this subtitle the following words have the meanings indicated. 14
(c) “Certified applicator” means a person who is certified by the Secretary under 15
this subtitle. 16
(g) “Labeling” means all written, printed, or graphic matter: 17
(1) Accompanying the pesticide or device at any time; or 18
(2) To which reference is made on the label or in literature accompanying 19
the pesticide or device, except to current official publications of the: 20
(i) Environmental Protection Agency; 21
(ii) United States Departments of Agriculture, Interior, and Health 22
and Human Services; 23
(iii) State experiment stations; 24
(iv) State agricultural colleges; or 25
(v) Other similar federal or State institutions or agencies authorized 26
by law to conduct research in the field of pesticides. 27
(l) “Pesticide” means any substance or mixture of substances intended for: 28
(1) Preventing, destroying, repelling, or mitigating any pest; 29 HOUSE BILL 386 3
(2) Use as a plant regulator, defoliant, or desiccant; or 1
(3) Use as a spray adjuvant such as a wetting agent or adhesive. 2
5–210.6. 3
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 4
INDICATED. 5
(2) “ACTIVE INGREDIENT ” HAS THE MEANING STAT ED IN § 5–101 OF 6
THIS TITLE. 7
(3) “PFAS CHEMICALS” MEANS A CLASS OF FLUORINATED 8
CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM, 9
INCLUDING PERFLUOROA LKYL AND POLYFLUOROA LKYL SUBSTANCES . 10
(4) “PFAS PESTICIDE” MEANS A PESTICIDE TH AT HAS PFAS 11
CHEMICALS LISTED AS AN ACTIVE INGREDIENT ON THE LABELING. 12
(B) (1) THE DEPARTMENT SHALL DEVELOP AND MAINTAIN A LIST OF 13
EACH PFAS PESTICIDE THAT IS REGISTERED WITH TH E SECRETARY IN 14
ACCORDANCE WITH SUBTITLE 1 OF THIS TITLE. 15
(2) ON OR BEFORE JANUARY 1, 2026, THE DEPARTMENT SHALL : 16
(I) POST THE LIST DEVELOP ED UNDER THIS SUBSEC TION ON 17
ITS WEBSITE; AND 18
(II) DISTRIBUTE THE LIST T O ALL CERTIFIED APPLICATORS . 19
(C) (1) BEGINNING JUNE 1, 2026, A PERSON MAY NOT USE A PFAS 20
PESTICIDE LISTED BY THE DEPARTMENT UNDER SUBSECTION (B) OF THIS SECTION: 21
(I) AT A HEALTH CARE FACILITY; 22
(II) AT A SCHOOL; 23
(III) AT A DAY CARE OPERATION; 24
(IV) FOR RESIDENTIAL LAWN CARE; OR 25
(V) FOR COMMERCIAL MOSQUITO SPRAYING OP ERATIONS. 26
4 HOUSE BILL 386
(2) BEFORE JUNE 1, 2026, THE DEPARTMENT SHALL NOTI FY ALL 1
CERTIFIED APPLICATORS OF TH E PROHIBITION IN PARAGRAPH (1) OF THIS 2
SUBSECTION. 3
(D) BEGINNING JUNE 1, 2027, THE DEPARTMENT MAY NOT REGISTER A 4
PFAS PESTICIDE FOR SALE IN THE STATE. 5
(E) BEGINNING JUNE 1, 2028, A PERSON MAY NOT USE A PFAS PESTICIDE 6
IN THE STATE. 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8
October 1, 2025. 9