| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW . | |
| 4 | 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 | 5 | *hb0386* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 386 | |
| 11 | 8 | M4, M3 5lr1345 | |
| 12 | 9 | HB 1190/24 – HGO CF SB 345 | |
| 13 | 10 | By: Delegates Ruth, Allen, Bagnall, Bartlett, Ebersole, Embry, Fair, Feldmark, | |
| 14 | 11 | Foley, Guyton, Guzzone, Kaufman, Lehman, R. Lewis, J. Long, McCaskill, | |
| 15 | - | Pasteur, Phillips, Ruff, Simpson, Terrasa, Woods, and Woorman Woorman, | |
| 16 | - | Pena–Melnyk, Cullison, Alston, Bhandari, Hill, Hutchinson, S. Johnson, | |
| 17 | - | Kaiser, Kerr, Lopez, Martinez, Rosenberg, Szeliga, Taveras, and Ross | |
| 12 | + | Pasteur, Phillips, Ruff, Simpson, Terrasa, Woods, and Woorman | |
| 18 | 13 | Introduced and read first time: January 16, 2025 | |
| 19 | 14 | Assigned to: Health and Government Operations | |
| 20 | - | Committee Report: Favorable with amendments | |
| 21 | - | House action: Adopted with floor amendments | |
| 22 | - | Read second time: March 3, 2025 | |
| 23 | 15 | ||
| 24 | - | ||
| 16 | + | A BILL ENTITLED | |
| 25 | 17 | ||
| 26 | 18 | AN ACT concerning 1 | |
| 27 | 19 | ||
| 28 | 20 | Pesticides – PFAS Chemicals – Prohibitions 2 | |
| 29 | 21 | ||
| 30 | 22 | FOR the purpose of requiring the Department of Agriculture to develop and maintain a list 3 | |
| 31 | 23 | of certain registered pesticides that list PFAS chemicals as an active ingredient on 4 | |
| 32 | 24 | the labeling accompanying the pesticide; prohibiting a person from using, for certain 5 | |
| 33 | 25 | purposes and beginning on certain dates, certain PFAS pesticides; prohibiting, 6 | |
| 34 | 26 | beginning on a certain date, the Department from registering certain PFAS 7 | |
| 35 | - | pesticides for sale in the State; authorizing the Department and the Maryland 8 | |
| 36 | - | Department of Health to list additional PFAS chemicals based on certain new 9 | |
| 37 | - | information; and generally relating to pesticides and PFAS chemicals. 10 | |
| 27 | + | pesticides for sale in the State; and generally relating to pesticides and PFAS 8 | |
| 28 | + | chemicals. 9 | |
| 38 | 29 | ||
| 39 | - | BY repealing and reenacting, without amendments, | |
| 40 | - | Article – Agriculture | |
| 41 | - | Section 5–101(a) and (b) and 5–201(a), (c), (g), and (l) | |
| 42 | - | Annotated Code of Maryland | |
| 43 | - | (2016 Replacement Volume and 2024 Supplement) | |
| 30 | + | BY repealing and reenacting, without amendments, 10 | |
| 31 | + | Article – Agriculture 11 | |
| 32 | + | Section 5–101(a) and (b) and 5–201(a), (c), (g), and (l) 12 | |
| 33 | + | Annotated Code of Maryland 13 | |
| 34 | + | (2016 Replacement Volume and 2024 Supplement) 14 | |
| 44 | 35 | ||
| 45 | - | BY adding to 16 | |
| 46 | - | Article – Agriculture 17 | |
| 47 | - | Section 5–210.6 18 | |
| 48 | - | Annotated Code of Maryland 19 2 HOUSE BILL 386 | |
| 36 | + | BY adding to 15 | |
| 37 | + | Article – Agriculture 16 | |
| 38 | + | Section 5–210.6 17 | |
| 39 | + | Annotated Code of Maryland 18 | |
| 40 | + | (2016 Replacement Volume and 2024 Supplement) 19 | |
| 41 | + | ||
| 42 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20 | |
| 43 | + | That the Laws of Maryland read as follows: 21 | |
| 44 | + | ||
| 45 | + | Article – Agriculture 22 | |
| 46 | + | ||
| 47 | + | 5–101. 23 | |
| 48 | + | 2 HOUSE BILL 386 | |
| 49 | 49 | ||
| 50 | 50 | ||
| 51 | - | ( | |
| 51 | + | (a) In this subtitle the following words have the meanings indicated. 1 | |
| 52 | 52 | ||
| 53 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2 | |
| 54 | - | That the Laws of Maryland read as follows: 3 | |
| 53 | + | (b) “Active ingredient” means: 2 | |
| 55 | 54 | ||
| 56 | - | Article – Agriculture 4 | |
| 55 | + | (1) In the case of a pesticide other than a plant regulator, defoliant, or 3 | |
| 56 | + | desiccant, an ingredient which prevents, destroys, repels, or mitigates insects, nematodes, 4 | |
| 57 | + | fungi, rodents, weeds, bacteria, or other pests; 5 | |
| 57 | 58 | ||
| 58 | - | 5–101. 5 | |
| 59 | + | (2) In the case of a plant regulator, an ingredient which, through 6 | |
| 60 | + | physiological action, accelerates or retards the rate of growth or rate of maturation or 7 | |
| 61 | + | otherwise alters the behavior of ornamental or crop plants or their produce; 8 | |
| 59 | 62 | ||
| 60 | - | (a) In this subtitle the following words have the meanings indicated. 6 | |
| 63 | + | (3) In the case of a defoliant, an ingredient which causes the leaves or 9 | |
| 64 | + | foliage to drop from a plant; and 10 | |
| 61 | 65 | ||
| 62 | - | (b) “Active ingredient” means: 7 | |
| 66 | + | (4) In the case of a desiccant, an ingredient which artificially accelerates 11 | |
| 67 | + | the drying of plant tissue. 12 | |
| 63 | 68 | ||
| 64 | - | (1) In the case of a pesticide other than a plant regulator, defoliant, or 8 | |
| 65 | - | desiccant, an ingredient which prevents, destroys, repels, or mitigates insects, nematodes, 9 | |
| 66 | - | fungi, rodents, weeds, bacteria, or other pests; 10 | |
| 69 | + | 5–201. 13 | |
| 67 | 70 | ||
| 68 | - | (2) In the case of a plant regulator, an ingredient which, through 11 | |
| 69 | - | physiological action, accelerates or retards the rate of growth or rate of maturation or 12 | |
| 70 | - | otherwise alters the behavior of ornamental or crop plants or their produce; 13 | |
| 71 | + | (a) In this subtitle the following words have the meanings indicated. 14 | |
| 71 | 72 | ||
| 72 | - | ( | |
| 73 | - | ||
| 73 | + | (c) “Certified applicator” means a person who is certified by the Secretary under 15 | |
| 74 | + | this subtitle. 16 | |
| 74 | 75 | ||
| 75 | - | (4) In the case of a desiccant, an ingredient which artificially accelerates 16 | |
| 76 | - | the drying of plant tissue. 17 | |
| 76 | + | (g) “Labeling” means all written, printed, or graphic matter: 17 | |
| 77 | 77 | ||
| 78 | - | ||
| 78 | + | (1) Accompanying the pesticide or device at any time; or 18 | |
| 79 | 79 | ||
| 80 | - | (a) In this subtitle the following words have the meanings indicated. 19 | |
| 80 | + | (2) To which reference is made on the label or in literature accompanying 19 | |
| 81 | + | the pesticide or device, except to current official publications of the: 20 | |
| 81 | 82 | ||
| 82 | - | (c) “Certified applicator” means a person who is certified by the Secretary under 20 | |
| 83 | - | this subtitle. 21 | |
| 83 | + | (i) Environmental Protection Agency; 21 | |
| 84 | 84 | ||
| 85 | - | (g) “Labeling” means all written, printed, or graphic matter: 22 | |
| 85 | + | (ii) United States Departments of Agriculture, Interior, and Health 22 | |
| 86 | + | and Human Services; 23 | |
| 86 | 87 | ||
| 87 | - | ( | |
| 88 | + | (iii) State experiment stations; 24 | |
| 88 | 89 | ||
| 89 | - | (2) To which reference is made on the label or in literature accompanying 24 | |
| 90 | - | the pesticide or device, except to current official publications of the: 25 | |
| 90 | + | (iv) State agricultural colleges; or 25 | |
| 91 | 91 | ||
| 92 | - | (i) Environmental Protection Agency; 26 | |
| 92 | + | (v) Other similar federal or State institutions or agencies authorized 26 | |
| 93 | + | by law to conduct research in the field of pesticides. 27 | |
| 93 | 94 | ||
| 94 | - | (ii) United States Departments of Agriculture, Interior, and Health 27 | |
| 95 | - | and Human Services; 28 | |
| 95 | + | (l) “Pesticide” means any substance or mixture of substances intended for: 28 | |
| 96 | 96 | ||
| 97 | - | ( | |
| 97 | + | (1) Preventing, destroying, repelling, or mitigating any pest; 29 HOUSE BILL 386 3 | |
| 98 | 98 | ||
| 99 | 99 | ||
| 100 | 100 | ||
| 101 | - | ( | |
| 101 | + | (2) Use as a plant regulator, defoliant, or desiccant; or 1 | |
| 102 | 102 | ||
| 103 | - | (v) Other similar federal or State institutions or agencies authorized 2 | |
| 104 | - | by law to conduct research in the field of pesticides. 3 | |
| 103 | + | (3) Use as a spray adjuvant such as a wetting agent or adhesive. 2 | |
| 105 | 104 | ||
| 106 | - | ||
| 105 | + | 5–210.6. 3 | |
| 107 | 106 | ||
| 108 | - | (1) Preventing, destroying, repelling, or mitigating any pest; 5 | |
| 107 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 4 | |
| 108 | + | INDICATED. 5 | |
| 109 | 109 | ||
| 110 | - | (2) Use as a plant regulator, defoliant, or desiccant; or 6 | |
| 110 | + | (2) “ACTIVE INGREDIENT ” HAS THE MEANING STAT ED IN § 5–101 OF 6 | |
| 111 | + | THIS TITLE. 7 | |
| 111 | 112 | ||
| 112 | - | (3) Use as a spray adjuvant such as a wetting agent or adhesive. 7 | |
| 113 | + | (3) “PFAS CHEMICALS” MEANS A CLASS OF FLUORINATED 8 | |
| 114 | + | CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM, 9 | |
| 115 | + | INCLUDING PERFLUOROA LKYL AND POLYFLUOROA LKYL SUBSTANCES . 10 | |
| 113 | 116 | ||
| 114 | - | 5–210.6. 8 | |
| 117 | + | (4) “PFAS PESTICIDE” MEANS A PESTICIDE TH AT HAS PFAS 11 | |
| 118 | + | CHEMICALS LISTED AS AN ACTIVE INGREDIENT ON THE LABELING. 12 | |
| 115 | 119 | ||
| 116 | - | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 9 | |
| 117 | - | INDICATED. 10 | |
| 120 | + | (B) (1) THE DEPARTMENT SHALL DEVELOP AND MAINTAIN A LIST OF 13 | |
| 121 | + | EACH PFAS PESTICIDE THAT IS REGISTERED WITH TH E SECRETARY IN 14 | |
| 122 | + | ACCORDANCE WITH SUBTITLE 1 OF THIS TITLE. 15 | |
| 118 | 123 | ||
| 119 | - | (2) “ACTIVE INGREDIENT” HAS THE MEANING STAT ED IN § 5–101 OF 11 | |
| 120 | - | THIS TITLE. 12 | |
| 124 | + | (2) ON OR BEFORE JANUARY 1, 2026, THE DEPARTMENT SHALL : 16 | |
| 121 | 125 | ||
| 122 | - | ( | |
| 123 | - | ||
| 126 | + | (I) POST THE LIST DEVELOP ED UNDER THIS SUBSEC TION ON 17 | |
| 127 | + | ITS WEBSITE; AND 18 | |
| 124 | 128 | ||
| 125 | - | (I) THAT CONTAIN CONTAIN AT LEAST ONE FULLY 15 | |
| 126 | - | FLUORINATED CARBON A TOM, INCLUDING PERFLUOROA LKYL AND 16 | |
| 127 | - | POLYFLUOROALKYL SUBS TANCES; AND 17 | |
| 129 | + | (II) DISTRIBUTE THE LIST T O ALL CERTIFIED APPLICATORS . 19 | |
| 128 | 130 | ||
| 129 | - | ( | |
| 130 | - | ||
| 131 | + | (C) (1) BEGINNING JUNE 1, 2026, A PERSON MAY NOT USE A PFAS 20 | |
| 132 | + | PESTICIDE LISTED BY THE DEPARTMENT UNDER SUBSECTION (B) OF THIS SECTION: 21 | |
| 131 | 133 | ||
| 132 | - | 1. R–(CF2)–CF(R’)R’’, WHERE BOTH THE CF2 AND CF 20 | |
| 133 | - | MOIETIES ARE SATURAT ED CARBONS; 21 | |
| 134 | + | (I) AT A HEALTH CARE FACILITY; 22 | |
| 134 | 135 | ||
| 135 | - | 2. R–CF2OCF2–R’, WHERE R AND R’ CAN EITHER BE F, 22 | |
| 136 | - | O, OR SATURATED CARBONS; OR 23 | |
| 136 | + | (II) AT A SCHOOL; 23 | |
| 137 | 137 | ||
| 138 | - | 3. CF3C(CF3)R’R’’, WHERE R’ AND R”” CAN EITHER BE 24 | |
| 139 | - | F OR SATURATED CARBONS . 25 | |
| 138 | + | (III) AT A DAY CARE OPERATION; 24 | |
| 140 | 139 | ||
| 141 | - | (4) “PFAS PESTICIDE” MEANS A PESTICIDE TH AT HAS PFAS 26 | |
| 142 | - | CHEMICALS LISTED AS AN ACTIVE INGREDIENT ON THE LABELING . 27 | |
| 140 | + | (IV) FOR RESIDENTIAL LAWN CARE; OR 25 | |
| 141 | + | ||
| 142 | + | (V) FOR COMMERCIAL MOSQUITO SPRAYING OP ERATIONS. 26 | |
| 143 | 143 | 4 HOUSE BILL 386 | |
| 144 | 144 | ||
| 145 | 145 | ||
| 146 | - | ( | |
| 147 | - | ||
| 148 | - | ||
| 146 | + | (2) BEFORE JUNE 1, 2026, THE DEPARTMENT SHALL NOTI FY ALL 1 | |
| 147 | + | CERTIFIED APPLICATORS OF TH E PROHIBITION IN PARAGRAPH (1) OF THIS 2 | |
| 148 | + | SUBSECTION. 3 | |
| 149 | 149 | ||
| 150 | - | (2) ON OR BEFORE JANUARY 1, 2026 2032, THE DEPARTMENT SHALL : 4 | |
| 150 | + | (D) BEGINNING JUNE 1, 2027, THE DEPARTMENT MAY NOT REGISTER A 4 | |
| 151 | + | PFAS PESTICIDE FOR SALE IN THE STATE. 5 | |
| 151 | 152 | ||
| 152 | - | ( | |
| 153 | - | ||
| 153 | + | (E) BEGINNING JUNE 1, 2028, A PERSON MAY NOT USE A PFAS PESTICIDE 6 | |
| 154 | + | IN THE STATE. 7 | |
| 154 | 155 | ||
| 155 | - | (II) DISTRIBUTE THE LIST T O ALL CERTIFIED APPL ICATORS. 7 | |
| 156 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 8 | |
| 157 | + | October 1, 2025. 9 | |
| 156 | 158 | ||
| 157 | - | (C) (1) BEGINNING JUNE 1, 2026 2032, A PERSON MAY NOT USE A PFAS 8 | |
| 158 | - | PESTICIDE LISTED BY THE DEPARTMENT UNDER SUBS ECTION (B) OF THIS SECTION: 9 | |
| 159 | - | ||
| 160 | - | (I) AT A HEALTH CARE FACI LITY; 10 | |
| 161 | - | ||
| 162 | - | (II) AT A SCHOOL; 11 | |
| 163 | - | ||
| 164 | - | (III) AT A DAY CARE OPERATI ON; 12 | |
| 165 | - | ||
| 166 | - | (IV) FOR RESIDENTIAL LAWN CARE; OR 13 | |
| 167 | - | ||
| 168 | - | (V) FOR COMMERCIAL MOSQUI TO SPRAYING OPERATIO NS. 14 | |
| 169 | - | ||
| 170 | - | (2) BEFORE JUNE 1, 2026 2032, THE DEPARTMENT SHALL NOTI FY 15 | |
| 171 | - | ALL CERTIFIED APPLIC ATORS OF THE PROHIBI TION IN PARAGRAPH (1) OF THIS 16 | |
| 172 | - | SUBSECTION. 17 | |
| 173 | - | ||
| 174 | - | (D) BEGINNING JUNE 1, 2027 2032, THE DEPARTMENT MAY NOT RE GISTER 18 | |
| 175 | - | A PFAS PESTICIDE FOR SALE I N THE STATE. 19 | |
| 176 | - | ||
| 177 | - | (E) BEGINNING JUNE 1, 2028 2032, A PERSON MAY NOT USE A PFAS 20 | |
| 178 | - | PESTICIDE IN THE STATE. 21 | |
| 179 | - | ||
| 180 | - | (F) THE DEPARTMENT , IN CONSULTATION AND AGREEMENT WITH THE 22 | |
| 181 | - | MARYLAND DEPARTMENT OF HEALTH, MAY LIST ADDITIONAL PFAS CHEMICALS 23 | |
| 182 | - | BASED ON: 24 | |
| 183 | - | ||
| 184 | - | (1) NEW AND EMERGING HEAL TH IMPACT DATA ; AND 25 | |
| 185 | - | ||
| 186 | - | (2) EVOLUTION IN THE NEED S, USES, AND AVAILABILITY OF 26 | |
| 187 | - | ALTERNATIVES . 27 | |
| 188 | - | ||
| 189 | - | SECTION 2. AND BE IT FURTHER ENACTED, T hat this Act shall take effect 28 | |
| 190 | - | October 1, 2025. 29 |