EXPLANATION: CAPITALS INDICATE MATTER ADDE D TO EXISTING LAW .
[Brackets] indicate matter deleted from existing law.
*sb0345*
SENATE BILL 345
M4, M3 5lr1347
CF HB 386
By: Senator Brooks
Introduced and read first time: January 16, 2025
Assigned to: Education, Energy, and the Environment
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
(a) In this subtitle the following words have the meanings indicated. 24
2 SENATE BILL 345
(b) “Active ingredient” means: 1
(1) In the case of a pesticide other than a plant regulator, defoliant, or 2
desiccant, an ingredient which prevents, destroys, repels, or mitigates insects, nematodes, 3
fungi, rodents, weeds, bacteria, or other pests; 4
(2) In the case of a plant regulator, an ingredient which, through 5
physiological action, accelerates or retards the rate of growth or rate of maturation or 6
otherwise alters the behavior of ornamental or crop plants or their produce; 7
(3) In the case of a defoliant, an ingredient which causes the leaves or 8
foliage to drop from a plant; and 9
(4) In the case of a desiccant, an ingredient which artificially accelerates 10
the drying of plant tissue. 11
5–201. 12
(a) In this subtitle the following words have the meanings indicated. 13
(c) “Certified applicator” means a person who is certified by the Secretary under 14
this subtitle. 15
(g) “Labeling” means all written, printed, or graphic matter: 16
(1) Accompanying the pesticide or device at any time; or 17
(2) To which reference is made on the label or in literature accompanying 18
the pesticide or device, except to current official publications of the: 19
(i) Environmental Protection Agency; 20
(ii) United States Departments of Agriculture, Interior, and Health 21
and Human Services; 22
(iii) State experiment stations; 23
(iv) State agricultural colleges; or 24
(v) Other similar federal or State institutions or agencies authorized 25
by law to conduct research in the field of pesticides. 26
(l) “Pesticide” means any substance or mixture of substances intended for: 27
(1) Preventing, destroying, repelling, or mitigating any pest; 28
(2) Use as a plant regulator, defoliant, or desiccant; or 29 SENATE BILL 345 3
(3) Use as a spray adjuvant such as a wetting agent or adhesive. 1
5–210.6. 2
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 3
INDICATED. 4
(2) “ACTIVE INGREDIENT ” HAS THE MEANING STATED IN § 5–101 OF 5
THIS TITLE. 6
(3) “PFAS CHEMICALS” MEANS A CLASS OF FLU ORINATED 7
CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM, 8
INCLUDING PERFLUOROA LKYL AND POLYFLUOROA LKYL SUBSTANCES . 9
(4) “PFAS PESTICIDE” MEANS A PESTIC IDE THAT HAS PFAS 10
CHEMICALS LISTED AS AN ACTIVE INGREDIENT ON THE LABELING . 11
(B) (1) THE DEPARTMENT SHALL DEVE LOP AND MAINTAIN A L IST OF 12
EACH PFAS PESTICIDE THAT IS RE GISTERED WITH THE SECRETARY IN 13
ACCORDANCE WITH SUBTITLE 1 OF THIS TITLE. 14
(2) ON OR BEFORE JANUARY 1, 2026, THE DEPARTMENT SHALL : 15
(I) POST THE LIST DEVELOP ED UNDER THIS SUBSEC TION ON 16
ITS WEBSITE; AND 17
(II) DISTRIBUTE THE LIST T O ALL CERTIFIED APPL ICATORS. 18
(C) (1) BEGINNING JUNE 1, 2026, A PERSON MAY NOT USE A PFAS 19
PESTICIDE LISTED BY THE DEPARTMENT UNDER SUBS ECTION (B) OF THIS SECTION: 20
(I) AT A HEALTH CARE FACI LITY; 21
(II) AT A SCHOOL; 22
(III) AT A DAY CARE OPERATI ON; 23
(IV) FOR RESIDENTIAL LAWN CARE; OR 24
(V) FOR COMMERCIAL MOSQUI TO SPRAYING OPERATIO NS. 25
(2) BEFORE JUNE 1, 2026, THE DEPARTMENT SHALL NOTI FY ALL 26
CERTIFIED APPLICATOR S OF THE PROHIBITION IN PARAGRAPH (1) OF THIS 27 4 SENATE BILL 345
SUBSECTION. 1
(D) BEGINNING JUNE 1, 2027, THE DEPARTMENT MAY NOT RE GISTER A 2
PFAS PESTICIDE FOR SALE I N THE STATE. 3
(E) BEGINNING JUNE 1, 2028, A PERSON MAY NOT USE A PFAS PESTICIDE 4
IN THE STATE. 5
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 6
October 1, 2025. 7