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131st MAINE LEGISLATURE
FIRST SPECIAL SESSION-2023
Legislative Document No. 1770H.P. 1134House of Representatives, April 25, 2023
An Act to Improve Pesticides Sales and Use Data Collection and
Accessibility by the State
Reference to the Committee on Agriculture, Conservation and Forestry suggested and
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative OSHER of Orono.
Cosponsored by Representatives: HOBBS of Wells, JACKSON of Oxford, JAUCH of
Topsham, O'NEIL of Saco, SHAW of Auburn, Senator: INGWERSEN of York. Page 1 - 131LR0182(01)
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2 as enacted by PL 1975, c. 382, §3, is repealed
3 and the following enacted in its place:
4 B. The name of the pesticide and information about the pesticide available to the
5 applicant at the time of registration, including, but not limited to:
6 (1) The pounds of active ingredients per gallon of liquid formulations of the
7 pesticide;
8 (2) The type of pesticide;
9 (3) The expected type of use of the pesticide described in a manner specified by
10 the board; and
11 (4) Information on the pesticide product label that describes the acute toxicity of
12 the formulated pesticide product or other toxicity data specified by the board;
13 is enacted to read:
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15 means a person that produces an agricultural commodity primarily for sale.
16 as amended by PL 1983, c. 819, Pt. A, §50, is further
17 amended by amending the section headnote to read:
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21 requirements under this chapter is public unless designated as confidential by the board in
22 accordance with this subsection. A pesticide dealer, commercial applicator or commercial
23 agricultural producer to whom the information belongs or pertains may request that the
24 information it has provided be designated as confidential. The board may designate such
25 information as confidential if the board determines the information contains proprietary
26 information. For the purposes of this subsection, "proprietary information" means
27 information that is a trade secret or production, commercial or financial information the
28 disclosure of which would impair the competitive position of the person submitting the
29 information and would make available information not otherwise publicly available.
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32 As used in this section, unless the context
33 otherwise indicates, "pesticide product dealer" means a person licensed to sell in this State
34 pesticides, including, without limitation, general use pesticides, limited use pesticides and
35 restricted use pesticides.
36 The board, in consultation with the Department
37 of Administrative and Financial Services, Office of Information Technology, shall develop
38 and administer a comprehensive, online pesticide sales and use database for documenting
39 and quantifying pesticide sales, distribution and application in the State by pesticide
40 product dealers and certified applicators using information reported under section 1471-G. Page 2 - 131LR0182(01)
1 Beginning January 1, 2024, a pesticide product dealer
2 shall maintain a record of a sale or distribution of a pesticide as provided in subsection 5.
3 Beginning February 15, 2024 and for every month thereafter, a pesticide product dealer
4 shall submit to the board's online pesticide sales and use database developed pursuant to
5 subsection 2 a report of all sales and distribution of pesticides made by the dealer for the
6 preceding month.
7 Beginning
8 January 1, 2024, a certified applicator or commercial agricultural producer shall submit to
9 the board's online pesticide sales and use database developed pursuant to subsection 2 a
10 report of all record-keeping data required by subsection 5 no later than 90 days after the
11 end of the calendar year in which the pesticides were applied.
12 This subsection governs record keeping by pesticide products dealers,
13 certified applicators and commercial agricultural producers.
14 A. A pesticide product dealer shall keep and maintain records of the sale and
15 distribution of pesticides for monthly reporting purposes under subsection 3. These
16 records must include the names of all licensed general use pesticide dealers to which
17 pesticides were distributed, the names of the pesticides, the United States
18 Environmental Protection Agency registration number and the quantity sold. For the
19 purposes of this paragraph, "distributes" means sells, ships or delivers pesticides to a
20 pesticide product dealer engaged in retail sales.
21 B. A certified applicator or commercial agricultural producer shall keep and maintain
22 records of the purchase and use of pesticides for reporting purposes. These records
23 must include the names of all pesticide product dealers from which pesticides were
24 purchased, the address where the pesticides were applied, the names of the pesticides,
25 the quantity purchased and applied, the date the pesticides were applied and the United
26 States Environmental Protection Agency registration number.
27 C. These records must be kept for 2 years after the end of the calendar year in which
28 they were recorded.
29 The board shall adopt rules to carry out the purposes of this section, including
30 clarifying reporting requirements pursuant to subsection 5. Rules adopted pursuant to this
31 subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
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35 board shall submit a report on developments and progress made to carry out the purposes
36 of section 1471-X to the joint standing committees of the Legislature having jurisdiction
37 over agriculture, conservation and forestry matters; health and human services matters;
38 environment and natural resources matters; and innovation, development, economic
39 advancement and business matters. The joint standing committees may report out
40 legislation based on the report required pursuant to this subsection.
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42 15th annually, the board shall submit a report showing the trends in sales and uses of
43 pesticides in this State to the joint standing committees of the Legislature having
44 jurisdiction over agriculture, conservation and forestry matters; health and human services Page 3 - 131LR0182(01)
45 matters; environment and natural resources matters; and innovation, development,
46 economic advancement and business matters. The joint standing committees may report
47 out legislation based on the report required pursuant to this subsection.
4 No later than December 6, 2023, the Department of Agriculture,
5 Conservation and Forestry, Board of Pesticides Control, with input from the Department
6 of Administrative and Financial Services, Office of Information Technology, shall submit
7 a report to the Joint Standing Committee on Agriculture, Conservation and Forestry, the
8 Joint Standing Committee on Health and Human Services, the Joint Standing Committee
9 on Environment and Natural Resources and the Joint Standing Committee on Innovation,
10 Development, Economic Advancement and Business on:
11 1. Progress made in developing and administering an online pesticide sales and use
12 database pursuant to the Maine Revised Statutes, Title 22, section 1471-CC; and
13 2. Recommendations for ensuring that information from pesticide product dealers,
14 certified applicators and commercial agricultural producers is recorded in the database if a
15 dealer, applicator or producer is unable to access the Internet.
16 The joint standing committees may report out legislation based upon the report under
17 this section to the Second Regular Session of the 131st Legislature.
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19 This bill directs the Department of Agriculture, Conservation and Forestry, Board of
20 Pesticides Control, in collaboration with the Department of Administrative and Financial
21 Services, Office of Information Technology, to create and administer an online database of
22 pesticide product dealers, certified applicators and commercial agricultural producers
23 reporting the type and amount of pesticides sold, distributed or applied in the State and
24 other information as required. The bill establishes record-keeping requirements for
25 pesticide product dealers, certified applicators and commercial agricultural producers,
26 similar to those in place for general use pesticide dealers. The bill specifies that information
27 submitted to the board is public information but allows a pesticide dealer, commercial
28 applicator or commercial agricultural producer to request that the board designate
29 proprietary information as confidential. The bill also requires the board to report annually
30 to the joint standing committees of the Legislature having jurisdiction over agriculture,
31 conservation and forestry matters; health and human services matters; environment and
32 natural resources matters; and innovation, development, economic advancement and
33 business matters on the developments and progress made in carrying out the state policy of
34 minimizing the use of pesticides and gives those committees authority to report out
35 legislation related to the report.
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