EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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 Woorman,
Pena–Melnyk, Cullison, Alston, Bhandari, Hill, Hutchinson, S. Johnson,
Kaiser, Kerr, Lopez, Martinez, Rosenberg, Szeliga, Taveras, and Ross
Introduced and read first time: January 16, 2025
Assigned to: Health and Government Operations
Committee Report: Favorable with amendments
House action: Adopted with floor amendments
Read second time: March 3, 2025
CHAPTER ______
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; authorizing the Department and the Maryland 8
Department of Health to list additional PFAS chemicals based on certain new 9
information; and generally relating to pesticides and PFAS chemicals. 10
BY repealing and reenacting, without amendments, 11
Article – Agriculture 12
Section 5–101(a) and (b) and 5–201(a), (c), (g), and (l) 13
Annotated Code of Maryland 14
(2016 Replacement Volume and 2024 Supplement) 15
BY adding to 16
Article – Agriculture 17
Section 5–210.6 18
Annotated Code of Maryland 19 2 HOUSE BILL 386
(2016 Replacement Volume and 2024 Supplement) 1
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3
Article – Agriculture 4
5–101. 5
(a) In this subtitle the following words have the meanings indicated. 6
(b) “Active ingredient” means: 7
(1) In the case of a pesticide other than a plant regulator, defoliant, or 8
desiccant, an ingredient which prevents, destroys, repels, or mitigates insects, nematodes, 9
fungi, rodents, weeds, bacteria, or other pests; 10
(2) In the case of a plant regulator, an ingredient which, through 11
physiological action, accelerates or retards the rate of growth or rate of maturation or 12
otherwise alters the behavior of ornamental or crop plants or their produce; 13
(3) In the case of a defoliant, an ingredient which causes the leaves or 14
foliage to drop from a plant; and 15
(4) In the case of a desiccant, an ingredient which artificially accelerates 16
the drying of plant tissue. 17
5–201. 18
(a) In this subtitle the following words have the meanings indicated. 19
(c) “Certified applicator” means a person who is certified by the Secretary under 20
this subtitle. 21
(g) “Labeling” means all written, printed, or graphic matter: 22
(1) Accompanying the pesticide or device at any time; or 23
(2) To which reference is made on the label or in literature accompanying 24
the pesticide or device, except to current official publications of the: 25
(i) Environmental Protection Agency; 26
(ii) United States Departments of Agriculture, Interior, and Health 27
and Human Services; 28
(iii) State experiment stations; 29 HOUSE BILL 386 3
(iv) State agricultural colleges; or 1
(v) Other similar federal or State institutions or agencies authorized 2
by law to conduct research in the field of pesticides. 3
(l) “Pesticide” means any substance or mixture of substances intended for: 4
(1) Preventing, destroying, repelling, or mitigating any pest; 5
(2) Use as a plant regulator, defoliant, or desiccant; or 6
(3) Use as a spray adjuvant such as a wetting agent or adhesive. 7
5–210.6. 8
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 9
INDICATED. 10
(2) “ACTIVE INGREDIENT” HAS THE MEANING STAT ED IN § 5–101 OF 11
THIS TITLE. 12
(3) “PFAS CHEMICALS” MEANS A CLASS OF FLU ORINATED 13
CHEMICALS THAT: 14
(I) THAT CONTAIN CONTAIN AT LEAST ONE FULLY 15
FLUORINATED CARBON A TOM, INCLUDING PERFLUOROA LKYL AND 16
POLYFLUOROALKYL SUBS TANCES; AND 17
(II) OF WHICH THE CHEMICAL COMPOSITION INCLUDES OF THE 18
PFAS PESTICIDES IS LIMITE D TO: 19
1. R–(CF2)–CF(R’)R’’, WHERE BOTH THE CF2 AND CF 20
MOIETIES ARE SATURAT ED CARBONS; 21
2. R–CF2OCF2–R’, WHERE R AND R’ CAN EITHER BE F, 22
O, OR SATURATED CARBONS; OR 23
3. CF3C(CF3)R’R’’, WHERE R’ AND R”” CAN EITHER BE 24
F OR SATURATED CARBONS . 25
(4) “PFAS PESTICIDE” MEANS A PESTICIDE TH AT HAS PFAS 26
CHEMICALS LISTED AS AN ACTIVE INGREDIENT ON THE LABELING . 27
4 HOUSE BILL 386
(B) (1) THE DEPARTMENT SHALL DEVE LOP AND MAINTAIN A LIST OF 1
EACH PFAS PESTICIDE THAT IS RE GISTERED WITH THE SECRETARY IN 2
ACCORDANCE WITH SUBTITLE 1 OF THIS TITLE. 3
(2) ON OR BEFORE JANUARY 1, 2026 2032, THE DEPARTMENT SHALL : 4
(I) POST THE LIST DEVELOP ED UNDER THIS SUBSEC TION ON 5
ITS WEBSITE; AND 6
(II) DISTRIBUTE THE LIST T O ALL CERTIFIED APPL ICATORS. 7
(C) (1) BEGINNING JUNE 1, 2026 2032, A PERSON MAY NOT USE A PFAS 8
PESTICIDE LISTED BY THE DEPARTMENT UNDER SUBS ECTION (B) OF THIS SECTION: 9
(I) AT A HEALTH CARE FACI LITY; 10
(II) AT A SCHOOL; 11
(III) AT A DAY CARE OPERATI ON; 12
(IV) FOR RESIDENTIAL LAWN CARE; OR 13
(V) FOR COMMERCIAL MOSQUI TO SPRAYING OPERATIO NS. 14
(2) BEFORE JUNE 1, 2026 2032, THE DEPARTMENT SHALL NOTI FY 15
ALL CERTIFIED APPLIC ATORS OF THE PROHIBI TION IN PARAGRAPH (1) OF THIS 16
SUBSECTION. 17
(D) BEGINNING JUNE 1, 2027 2032, THE DEPARTMENT MAY NOT RE GISTER 18
A PFAS PESTICIDE FOR SALE I N THE STATE. 19
(E) BEGINNING JUNE 1, 2028 2032, A PERSON MAY NOT USE A PFAS 20
PESTICIDE IN THE STATE. 21
(F) THE DEPARTMENT , IN CONSULTATION AND AGREEMENT WITH THE 22
MARYLAND DEPARTMENT OF HEALTH, MAY LIST ADDITIONAL PFAS CHEMICALS 23
BASED ON: 24
(1) NEW AND EMERGING HEAL TH IMPACT DATA ; AND 25
(2) EVOLUTION IN THE NEED S, USES, AND AVAILABILITY OF 26
ALTERNATIVES . 27
SECTION 2. AND BE IT FURTHER ENACTED, T hat this Act shall take effect 28
October 1, 2025. 29