Maine Revised Statutes
Chapter 258-A: BOARD OF PESTICIDES CONTROL
22 §1471-M. Powers of board

§1471-M. Powers of board
1. Establishment of categories and standards. The board shall, by regulation promulgated in conformity with Title 5, chapter 375, subchapter II:
A. Establish categories, and where applicable subcategories, of commercial pesticide applicators depending upon the nature and extent of the pesticide use, the type of pesticide equipment, the degree of knowledge or skill required in their application and such other factors as the board considers relevant, as long as such categories are consistent with, but not limited to, the categories established by the United States Environmental Protection Agency; [PL 2015, c. 58, §9 (AMD).]
B. Establish competency standards for the established categories for the certification and renewal of certification of commercial applicators. Such standards shall require, as a minimum, that the applicant demonstrate, by written examination and, as appropriate, performance testing, knowledge of pests, formulation and labelling of pesticides, equipment and application techniques, safety precautions, potential harmful effects on the environment, and applicable federal and state laws and regulations. [PL 1975, c. 397, §2 (NEW).]
C. Establish standards for the certification and renewal of certification of private applicators. Such standards shall require that the private applicator indicate satisfactory knowledge of pest problems and pest control practices, including as a minimum the ability to recognize common pests and the damage they cause, to understand the pesticide label, to apply pesticides in accordance with label instructions and warnings, to recognize local environmental situations that must be considered to avoid contamination, to recognize poisoning symptoms and corrective procedures, and to understand applicable federal and state laws and regulations. [PL 1975, c. 397, §2 (NEW).]
C-1. Establish standards for the certification and renewal of certification of private applicators of general use pesticides. Such standards must require that the private applicator of general use pesticides indicate satisfactory knowledge of pest problems and pest control practices, including as a minimum the ability to recognize common pests and the damage they cause, to understand the pesticide label and to apply pesticides in accordance with label instructions and warnings. [PL 2011, c. 169, §3 (NEW).]
D. Establish the standards for issuance and renewal of licenses of pesticide dealers. These standards shall include, but not be limited to, requirements concerning transportation of pesticides, the applicant's knowledge of applicable federal and state statutes and regulations, and the applicant's understanding of the dangers involved and the precautions necessary for the safe storage and distribution of pesticides; [PL 1983, c. 819, Pt. A, §51 (AMD).]
E. Establish guidelines and requirements for reporting of information by commercial applicators, pesticide dealers and spray contracting firms to the board; and [PL 2015, c. 58, §10 (AMD).]
F. [PL 2015, c. 58, §11 (RP).]
G. [PL 2015, c. 58, §12 (RP).]
H. Establish standards for the certification and renewal of certification of spray contracting firms. [PL 1983, c. 819, Pt. A, §53 (NEW).]
[PL 2015, c. 58, §§9-12 (AMD).]
2. Designation of critical areas; cooperation; promulgation of rules and regulations. The board may:
A. [PL 1987, c. 702, §3 (RP).]
B. Cooperate with any other agency of this State or its subdivisions, or with any agency of any other state or the Federal Government for the purpose of administering this chapter and of securing uniformity of regulations; [PL 1975, c. 397, §2 (NEW).]
C. On its own or in cooperation with other agencies or persons, publish such information as it deems appropriate, including information concerning injury which might result from improper application or handling of pesticides, and methods and precautions designed to prevent the injury; and [PL 1987, c. 702, §4 (AMD).]
D. Promulgate such other rules and regulations and take such other actions as it deems appropriate to control the use and distribution of pesticides within the State and to otherwise provide that the purposes and policies of this chapter are insured. [PL 1975, c. 397, §2 (NEW).]
[PL 1987, c. 702, §§3, 4 (AMD).]
3. Hazard communication and community right to know. The board shall assist the Director of the Bureau of Labor Standards in providing education and training to aid agricultural employers in complying with the federal Occupational Safety and Health Administration requirements for hazard communication and shall assist the responsible state agencies in providing education and training to aid agricultural employers in complying with the federal requirements for emergency and hazardous chemical inventory forms and community right-to-know reporting.
[PL 1999, c. 57, Pt. B, §2 (RPR).]
4. Designation of critical areas. The board may designate critical areas which shall include, but not be limited to, areas where pesticide use would jeopardize endangered species or critical wildlife habitat, present an unreasonable threat to quality of the water supply, be contrary to a master plan for the area where such area is held or managed by an agency of the State or Federal Government, or would otherwise result in unreasonable adverse effects on the public health, welfare or the environment of the area. The designation of a critical area may prohibit pesticide use or may include such limitations on such use as the board deems appropriate. The proceedings to designate a critical area under this section shall conform to Title 5, chapter 375, subchapter II.
The board, by rule, shall establish criteria for designation of critical areas by March 1, 1989.
In addition to the provisions of the Maine Administrative Procedure Act, Title 5, section 8001, any municipality and, for the purpose of representing unorganized territory, any county may petition the board for establishment of a critical area within their boundaries. If the board designates a critical area, the board shall develop a pesticide management plan for that area after receiving comments from the municipality or, for unorganized territory, the county; the volunteer medical advisory panel as established through the board; local applicators; owners of land within the critical area; and other interested parties and agencies.
[PL 1989, c. 502, Pt. A, §67 (AMD).]
5. Disclosure of rights. When issuing a license, the board shall provide to each licensee a written statement outlining the enforcement process and the process of negotiating agreements in lieu of court action that may occur in the event enforcement action is pursued. The Department of the Attorney General and the Department of Agriculture, Conservation and Forestry shall assist the board in developing an appropriate written statement. The board shall make this information available to all existing licensees within 30 days of the effective date of this section.
[PL 1989, c. 841, §9 (NEW); PL 2011, c. 657, Pt. W, §5 (REV).]
6. Notification. Whenever the board or its staff investigates a complaint alleging a violation of rules adopted pursuant to Title 7, section 606, subsection 2, paragraph G, the staff shall make all reasonable efforts to notify the alleged violator, if identity is known, prior to collecting samples.
[PL 1989, c. 841, §9 (NEW).]
7. Data collection; report. The board shall implement a system of record keeping, reporting, data collection and analysis that provides information on the quantity of product and brand names of pesticides sold. The board, in cooperation with the University of Maine Cooperative Extension Service, shall study ways to improve pesticide information data bases and to optimize the useful analysis of reported information.
Before April 1, 2002, the board shall submit a report on pesticide activities during the previous calendar year to the joint standing committee of the Legislature having jurisdiction over pesticide control matters. The report must contain sales information on quantities of pesticides sold listed by the common name of the active ingredient.
The board shall also include in the report aggregate data on pesticide use based on reports submitted to the board by commercial applicators and other persons required to submit reports under this chapter and rules adopted pursuant to this chapter. The board shall provide the data by sector of use whenever possible. The board shall provide the data by category of pesticide, including data for herbicides, insecticides, fungicides and other major categories. In addition, the board shall include in the report a summary of survey results or other information published by the University of Maine Cooperative Extension Service or the United States Department of Agriculture relating to pesticides use in the State.
The board shall develop a measure to estimate sales and types of pesticides commonly used by homeowners and track trends in the quantities and types of pesticides used by homeowners.
The board shall provide historical information on pesticide use and sales in the report when the information available is appropriate for comparison.
[PL 2001, c. 355, §1 (AMD).]
SECTION HISTORY
PL 1975, c. 397, §2 (NEW). PL 1977, c. 694, §§343,344 (AMD). PL 1981, c. 374, §§8,9 (AMD). PL 1981, c. 470, §§A68,A69 (AMD). PL 1983, c. 568, §2 (AMD). PL 1983, c. 819, §§A51-A53 (AMD). PL 1987, c. 660, §1 (AMD). PL 1987, c. 702, §§3-5 (AMD). PL 1989, c. 502, §A67 (AMD). PL 1989, c. 841, §9 (AMD). PL 1997, c. 389, §1 (AMD). PL 1999, c. 57, §B2 (AMD). PL 1999, c. 724, §1 (AMD). PL 2001, c. 355, §1 (AMD). PL 2011, c. 169, §3 (AMD). PL 2011, c. 657, Pt. W, §5 (REV). PL 2015, c. 58, §§9-12 (AMD).