Maryland 2025 Regular Session

Maryland Senate Bill SB345 Compare Versions

Only one version of the bill is available at this time.

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	5	sb0345
6	6
7	7	SENATE BILL 345
8	8	M4, M3 5lr1347
9	9	CF HB 386
10	10	By: Senator Brooks
11	11	Introduced and read first time: January 16, 2025
12	12	Assigned to: Education, Energy, and the Environment
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Pesticides – PFAS Chemicals – Prohibitions 2
19	19
20	20	FOR the purpose of requiring the Department of Agriculture to develop and maintain a list 3
21	21	of certain registered pesticides that list PFAS chemicals as an active ingredient on 4
22	22	the labeling accompanying the pesticide; prohibiting a person from using, for certain 5
23	23	purposes and beginning on certain dates, certain PFAS pesticides; prohibiting, 6
24	24	beginning on a certain date, the Department from registering certain PFAS 7
25	25	pesticides for sale in the State; and generally relating to pesticides and PFAS 8
26	26	chemicals. 9
27	27
28	28	BY repealing and reenacting, without amendments, 10
29	29	Article – Agriculture 11
30	30	Section 5–101(a) and (b) and 5–201(a), (c), (g), and (l) 12
31	31	Annotated Code of Maryland 13
32	32	(2016 Replacement Volume and 2024 Supplement) 14
33	33
34	34	BY adding to 15
35	35	Article – Agriculture 16
36	36	Section 5–210.6 17
37	37	Annotated Code of Maryland 18
38	38	(2016 Replacement Volume and 2024 Supplement) 19
39	39
40	40	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
41	41	That the Laws of Maryland read as follows: 21
42	42
43	43	Article – Agriculture 22
44	44
45	45	5–101. 23
46	46
47	47	(a) In this subtitle the following words have the meanings indicated. 24
48	48	2 SENATE BILL 345
49	49
50	50
51	51	(b) “Active ingredient” means: 1
52	52
53	53	(1) In the case of a pesticide other than a plant regulator, defoliant, or 2
54	54	desiccant, an ingredient which prevents, destroys, repels, or mitigates insects, nematodes, 3
55	55	fungi, rodents, weeds, bacteria, or other pests; 4
56	56
57	57	(2) In the case of a plant regulator, an ingredient which, through 5
58	58	physiological action, accelerates or retards the rate of growth or rate of maturation or 6
59	59	otherwise alters the behavior of ornamental or crop plants or their produce; 7
60	60
61	61	(3) In the case of a defoliant, an ingredient which causes the leaves or 8
62	62	foliage to drop from a plant; and 9
63	63
64	64	(4) In the case of a desiccant, an ingredient which artificially accelerates 10
65	65	the drying of plant tissue. 11
66	66
67	67	5–201. 12
68	68
69	69	(a) In this subtitle the following words have the meanings indicated. 13
70	70
71	71	(c) “Certified applicator” means a person who is certified by the Secretary under 14
72	72	this subtitle. 15
73	73
74	74	(g) “Labeling” means all written, printed, or graphic matter: 16
75	75
76	76	(1) Accompanying the pesticide or device at any time; or 17
77	77
78	78	(2) To which reference is made on the label or in literature accompanying 18
79	79	the pesticide or device, except to current official publications of the: 19
80	80
81	81	(i) Environmental Protection Agency; 20
82	82
83	83	(ii) United States Departments of Agriculture, Interior, and Health 21
84	84	and Human Services; 22
85	85
86	86	(iii) State experiment stations; 23
87	87
88	88	(iv) State agricultural colleges; or 24
89	89
90	90	(v) Other similar federal or State institutions or agencies authorized 25
91	91	by law to conduct research in the field of pesticides. 26
92	92
93	93	(l) “Pesticide” means any substance or mixture of substances intended for: 27
94	94
95	95	(1) Preventing, destroying, repelling, or mitigating any pest; 28
96	96
97	97	(2) Use as a plant regulator, defoliant, or desiccant; or 29 SENATE BILL 345 3
98	98
99	99
100	100
101	101	(3) Use as a spray adjuvant such as a wetting agent or adhesive. 1
102	102
103	103	5–210.6. 2
104	104
105	105	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 3
106	106	INDICATED. 4
107	107
108	108	(2) “ACTIVE INGREDIENT ” HAS THE MEANING STATED IN § 5–101 OF 5
109	109	THIS TITLE. 6
110	110
111	111	(3) “PFAS CHEMICALS” MEANS A CLASS OF FLU ORINATED 7
112	112	CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM, 8
113	113	INCLUDING PERFLUOROA LKYL AND POLYFLUOROA LKYL SUBSTANCES . 9
114	114
115	115	(4) “PFAS PESTICIDE” MEANS A PESTIC IDE THAT HAS PFAS 10
116	116	CHEMICALS LISTED AS AN ACTIVE INGREDIENT ON THE LABELING . 11
117	117
118	118	(B) (1) THE DEPARTMENT SHALL DEVE LOP AND MAINTAIN A L IST OF 12
119	119	EACH PFAS PESTICIDE THAT IS RE GISTERED WITH THE SECRETARY IN 13
120	120	ACCORDANCE WITH SUBTITLE 1 OF THIS TITLE. 14
121	121
122	122	(2) ON OR BEFORE JANUARY 1, 2026, THE DEPARTMENT SHALL : 15
123	123
124	124	(I) POST THE LIST DEVELOP ED UNDER THIS SUBSEC TION ON 16
125	125	ITS WEBSITE; AND 17
126	126
127	127	(II) DISTRIBUTE THE LIST T O ALL CERTIFIED APPL ICATORS. 18
128	128
129	129	(C) (1) BEGINNING JUNE 1, 2026, A PERSON MAY NOT USE A PFAS 19
130	130	PESTICIDE LISTED BY THE DEPARTMENT UNDER SUBS ECTION (B) OF THIS SECTION: 20
131	131
132	132	(I) AT A HEALTH CARE FACI LITY; 21
133	133
134	134	(II) AT A SCHOOL; 22
135	135
136	136	(III) AT A DAY CARE OPERATI ON; 23
137	137
138	138	(IV) FOR RESIDENTIAL LAWN CARE; OR 24
139	139
140	140	(V) FOR COMMERCIAL MOSQUI TO SPRAYING OPERATIO NS. 25
141	141
142	142	(2) BEFORE JUNE 1, 2026, THE DEPARTMENT SHALL NOTI FY ALL 26
143	143	CERTIFIED APPLICATOR S OF THE PROHIBITION IN PARAGRAPH (1) OF THIS 27 4 SENATE BILL 345
144	144
145	145
146	146	SUBSECTION. 1
147	147
148	148	(D) BEGINNING JUNE 1, 2027, THE DEPARTMENT MAY NOT RE GISTER A 2
149	149	PFAS PESTICIDE FOR SALE I N THE STATE. 3
150	150
151	151	(E) BEGINNING JUNE 1, 2028, A PERSON MAY NOT USE A PFAS PESTICIDE 4
152	152	IN THE STATE. 5
153	153
154	154	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
155	155	October 1, 2025. 7
156	156