Maine Legislature, Session 122, LD 1890
Committee Amendment CA_B_H861 (House)
Amends: 7 MRSA §607

COMMITTEE AMENDMENT ,~, to H.P. 1330, L.D. 1890, Bill, "An 
Act To Make Revisions to the Laws Governing Pesticide Control" 
Amend 
the bill by striking out all of 
section 
and 
inserting in its place the following: 
'Sec. 7. 7 MRSA §607·A, as corrected by RR 1997, c. 2, §26 
and amended by PL 2003, c. 689, Pt. B, §6, is further amended to 
read: 
§601-A. Review or rereqistration 
1. 
Review required. 
The board shall review 
a~~ chemical 
pesticides used in this State in accordance with the requirements 
of this section. 
*Ris--Jl'.e¥i.ew--~--ae--GGrAp-le4=ed---t~--pJ:'eseat;~y 
~e~isse~eQ--p&&~~~&-~-~-6€fteQ~Je--~&-~-~~~-~--sRe 
aeaJ:'QT-~~~-~&~~~~-~~&~~~&-a~4-~~-me6~-~~~-Hsee 
pest;ieiQes-~eeE4¥4~~~~~-~BG-wi~Ria-~-~~-~~-pest;ieiees 
~e~iS~eFeQ--af~~--Sep~emaeF-~--*986... The board shall select 2 
pesticides for review each year with priority given to pesticides 
that have 
patterns of 
use 
in this State that differ 
from 
prevalent use patterns nationally or regionally. 
The board may 
select additional pesticides for review as the board determines 
need and as resources allow. 
2. 
Review process. 
In cooperation with technical personnel 
of the Department of Environmental Protection; the Department of 
Inland Fisheries and Wildlife; the Department of Health and Human 
COMMITTEE AMENDMENT 
fl. ... 
~ 
COMMITTEE AMENDMENT :t:S. to H.P. 1330, L.D. 1890 
Services; the Department of Marine Resources; and the Department 
of Conservation, specifically the Maine Forest Service, the board 
shall conduct a review t9-4Belaae consisting of the following or 
portions of the following as the board determines relevant: 
A. 
An 
environmental 
risk 
assessment 
to 
determine 
the 
effects of pesticides on the ecosystem. This assessment is 
to be based on available literature. The board shall request 
data that it determines necessary to carry out the purpose 
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B. 
A health risk assessment, based on a literature search 
of laboratory, clinical and epidemiological data available 
within and without the State. The board shall request data 
it determines 
~ecessary to carry out the purpose of this 
chapterT-aRa~ 
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2-A. 
Water residue surveys. 
The board shall conduct a 
water residue survey at least once every 6 years to establish a 
representative sample of a number of wells or bodies of water, 
selected at random. 
in areas of possible contamination or at 
other locations to be described by the board. for the purpose of 
testing these waters and preparing a profile of the kinds and 
amounts of pesticides present. 
3. 
Effect of review on reregistration. 
If the reviews in 
this section demonstrate that the impact of the pesticide on the 
ecosystem warrants additional health or environmental safeguards, 
the board shall require implementation of those safeguards prior 
to 
reregistration. 
The 
board 
may 
not 
refuse 
to 
renew 
a 
pesticides registration based solely on its inability to conduct 
a review in accordance with this sectiOn.' 
Further amend the bill in section 10 in 
in paragraph E in subparagraph (4) in the 
line 
in L.D.) 
by striking out the 
inserting in its place the following: 
.~. 
§610 in subsection 2 
last line (page 18, 
fOllowing: 
"l.." 
and 
Further amend the bill in section 10 in §610 in subsection 2 
in paragraph E by adding at the end a blocked paragraph to read: 
COMMITTEE AMENDMENT 
i~'~'~. 
COMMITTEE AMENDMENT ~ 
toH.P. 1330, L.D. 1890 
'Rules adopted under this paragraph and amendments to rules 
adopted under this paragraph or adopted prior to August L 
2006 that establish standards or notification requirements 
for pesticides application are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A.' 
SUMMARY 
This amendment is a minority report of the Joint Standing 
Committee on Agriculture, Conservation and Forestry. 
It revises 
provisions 
for 
pesticides 
reviews 
by 
the 
Department 
of 
Agriculture, 
Food 
and 
Rural 
Resources, 
Board 
of 
Pesticides 
Control 
under 
the 
Maine 
Revised Statutes, 
Title 7, 
section 
607-A. 
It directs the board to conduct a minimum of 2 reviews a 
year. 
It allows the board to determine the review process and 
clarifies that the board cannot refuse to renew a registration 
based solely on its inability to conduct a review. 
It requires 
the board to conduct a water residue survey at least once every 6 
years. 
It designates 
rules 
relating to 
the 
application of 
pesticides after the effective date of this legislation as major 
substantive rules. 
It designates amendments to these rules and 
amendments to previously adopted rules as major substantive when 
the amendments establish standards for pesticide application or 
notification requirements. 
COMMITTEE AMENDMENT 
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