An Act To Make Revisions to the Laws Governing Pesticide Control
Maine Legislature, Session 122, LD 1890
Committee: Agriculture, Conservation and Forestry
Amends: 7 MRSA §601, 7 MRSA §602, 7 MRSA §604, 7 MRSA §605, 7 MRSA §606, 7 MRSA §607, 7 MRSA §607-A, 7 MRSA §60, 7 MRSA §609, 7 MRSA §610, 7 MRSA §61, 7 MRSA §612, 7 MRSA §613, 7 MRSA §614, 7 MRSA §616, 7 MRSA §616-A, 7 MRSA §617, 7 MRSA §618, 7 MRSA §619, 7 MRSA §620, 7 MRSA §621, 7 MRSA §622, 7 MRSA §623, 7 MRSA §625

Legislative Document 
No. 1890 
H.P.1330 
House of Representatives, January 3, 2006 
An Act To Make Revisions to the Laws Governing Pesticide Control 
Reported by Representative PIOTTI of Unity for the Department of Agriculture, Food and 
Rural Resources pursuant to Public Law 2005, chapter 382, Part G, section 1. 
Received by the Clerk of the House on December 28, 2005. Referred to the Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 218. 
Printed un ft~..:yded paper 
IY/~ 
/J7.1J?t1£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §601, as enacted by PL 1975, c. 382, §3, is 
amended to read: 
§601. Title 
This subchapter sha;l,;l, may be known and cited as the "Maine 
Pesticide Control Act of 1975." 
Sec. 2. 7 MRSA §602, as repealed and replaced by PL 1993, c. 
349, §22, is amended to read: 
§602. Enforcing official 
This subchapter is administered by the Board of Pesticides 
Control, 
he~eiRal~e~ referred to 
in this 
subchapter 
as 
the 
"boardT.L" established in Title 5, section l2004-D, subsection 3 
and further described in Title 22, chapter 258-A. 
Sec. 3. 7 MRSA §604, as amended by PL 1989, c. 878, Pt. E, 
§2, is further amended to read: 
§604. Definitions 
As 
used in this subchapter, unless the context 
indicates, the following weEQ6--&&al;l, terms have the 
meanings. 
1. 
Active 
ingredient. 
"Active 
ingredient" 
ingredient whieh .t.h.a.t will prevent, destroy, repel, 
mi tigate pestsr or whieh that will act as a plant 
defoliant or desiccant. 
otherwise 
following 
means 
any 
control or 
regulator, 
2. 
Adulterated. 
"AdulteratedL
" 
s:R.all--~l-y----t.~--aRy 
~es~ieiQe-~-4~6-~~~-e~--~~~~&Y--~~~~-&&~W-~~-~Ee~eSSeQ 
S~aRQaFQ-~-~~~1r-a&-e~F£e66ee-~-~&&-~age~iR~-~-~~-i~ 
is-~~-~~-i~-~-&~&~&e&-ha6-~-&a9&~~~a~&Q-w£~~y-~~-iH 
~aF~-~~--ehe-~~~~,--eF-~--aHy-~~~-eeHsei~~eHe-~--~he 
~eseieiQe-ha6-~~~~~--~~-~aF~-a9s~EaeeeQT as applied to a 
pesticide, means that: 
A. 
The pesticide's strength or purity falls 
below the 
standard of quality as expressed on the labeling under which 
it is sold; 
B. 
A substance has been substituted wholly or in part for 
the pesticide; or 
Page l-LR2618(1) 
• 
• 
C. 
A valuable constituent of the pesticide has been wholly 
or in part abstracted. 
3. 
Animal. 
"Animal" means all vertebrate and invertebrate 
species, 
including but not 
limited to 
maR 
humans 
and other 
mammals, birds, fish and shellfish. 
4. 
Beneficial insects. 
"Beneficial insects" means those 
insects 
waisa 
that, 
during 
their life cycle, 
are 
effective 
pollinators of plants, are parasites or predators of pests or are 
otherwise beneficial. 
!iT - - -Ceanissi9Be£ T - - .!.'.{:-t>RlIl'l-:i-£-S-i~.!.'- -mea&& - tlle- -C-()fIIm.1&s-~ -9 ~ 
A~FisYltYFeT-~eea-aRa-RYFal-ReS9YFSeS-eF-ais-aYta9FiBea-a~eRtsT 
6. 
Defoliant. 
"Defoliant" means any substance or mixture 
of substances intended for causing the leaves or foliage to drop 
from a plant, with or without causing abscission . 
7. 
Desiccant. 
"Desiccant" means any substance or mixture 
of substances intended for artificially accelerating the drying 
of plant tissue. 
8. 
Device. 
"Device" means any instrument or contrivance, 
other 
than 
a 
firearm, 
waisa ~ 
is 
intended for 
trapping, 
destroying, repelling or mitigating any pest or any other form of 
plant or animal life, other than maR 
a human being and other 
easteFia than a bacterium, virus or other microorganism on or in 
~ living 
maR 
human 
being or other living 
aRimalsT--eY~--Re~ 
iRslyaiR~ animal. 
"Device" does not include equipment used for 
the application of pesticides when sold separately taeFe~Fem from 
pesticides. 
9. 
Distribute. 
"Distribute" means to offer for 
for sale, sell, barter, ship, deliver for shipment 
and, having so received, deliver or offer to deliverT 
in this State. 
sale, hold 
or receive 
pesticides 
10. 
Environment. 
"Environment" includes water, 
airT and 
land and all plants and maR human beings and other animals living 
thereinr and the interrelationships waisa ~ 
exist among these. 
11. 
EPA. 
"EPA" 
means 
the 
United States 
Environmental 
Protection Agency. 
12. 
FIFRA. 
"FIFRA" 
means 
the 
Federal 
Insecticide, 
Fungicide and Rodenticide Act. 
13. 
Fungi. 
thallophytes, 
that 
"Fungi" 
means 
all 
nonchlorophyll-bearing 
is, all nonchlorophyll-bearing plants of 
a 
lower 
order 
than 
mosses 
and 
liverworts, 
aST--~~---&~ampleT 
including but not limited to rusts, smuts, mildews, molds, yeasts 
and bacteria, except those on or in living AlaR human beings or 
other living animals, and except those in or on processed food, 
beverages or pharmaceuticals. 
14. 
Hiqhly toxic pesticide. 
"Highly toxic pesticide" means 
any pesticide determined to be a highly toxic pesticide under the 
a\lt.a9-£-i-t..y--9E FIFRA, Section 25 (c) (2) 
9~--l<Cl-i!-RA or by the board 
under section 610, subsection 1, paragraph B. 
15. 
IlIIIlinent hazard. 
"Imminent hazard" means a situation 
whieh 1..hat exists when the continued use of a pesticide during 
the 
time 
required 
for 
cancellation 
proceedings 
pursuant 
to 
section 609 would likely result in unreasonable adverse effects 
on the environment or will involve unreas,o.nable 
ha~ard to the 
survival of a species declared endangered by the United States 
Secretary of the Interior under United States Public Law 91-135. 
16. 
Inert 
inqredient. 
"Inert 
ingredient" 
means 
an 
ingredient whieh that is not an active ingredient. 
17. 
Inqredient statement. 
"Ingredient statement" means 
.Q 
statement of the 
RaAle--and--pel"eeRta~e--o-f--eaeh-~.,i-v&--iR~l"eElieRt 
t9~et.Ae~-~~~-~&&--t.~~--p&~&~~-9~-~~-iaeEt.-~~ient~-iR 
t.Ae-~~~r-aREl-~--t.£e--~&~~~-~~~~-a~s&R~e-~~-aBY 
~9~AlT--t.he--~~~-&~~R~-SAall-a~£e-~~I~-p&~R~&-9E 
t9tal-~-wa-t.e-£--s91H&le-~~~,--ea€R-~~~~~-~-eleAleRt.a± 
4.6 
aEseaieT following: 
A. 
The 
name 
and 
percentage 
of 
each active 
ingredient 
together with the total percentage of the inert ingredients 
in the pesticide: and 
B. 
If the pesticide contains arsenic in any form, 
the 
percentages 
of 
total 
and 
water-soluble 
arsenic, 
each 
calculated as elemental arsenic. 
18. 
Insect. 
"Insect" 
means 
any of the 
numerous 
small 
invertebrate animals generally having the body more 
or less 
obviously segmented, for the most part belonging to the cla.ss 
insecta, 
compr~s~ng 6-legged, 
usually 
winged 
forms, 
as--~91" 
eHaAlpleT including but not limited to beetles, bugs, beesT and 
flies-,-
and to other allied classes or arthropods whose members 
are wingless and usually have more than 6 legs, 
as-~~--&lfampleT 
including but not limited to spiders, mites, ticks, centipedes 
and wood lice. 
.. 
• 
• 
• 
19. 
LabeL 
"Label" 
matter on, or attached to, 
containers or wrappers. 
means the written, printed or graphic 
the pesticide or device or any of its 
20. 
Labeling. 
"Labeling" means the label and all other 
written, printed or graphic matter aeeempaRyiR~-~~~~~-eF 
aeyiee-a~-aRy-~~ffie7-~-~~~~~~~~-~~~&-~h&-laBel-eF 
iR--~it~r~~~-a££BmpaRY~R~--~he-~~~~-e~-~~~r-~~--te 
e~FFeRt--~~-~~~--p~BJi€a~ieR5--~~--EPA7---~he--~~~--Statee 
~epaFtmeRte--~--~-~~~~--aaG--~R~e~ie~--~-~it~--Statee 
~epaFtmeRt-~~-~~~--~a~€a~ieR--aRa-~~~~r-~~~~-eHpeFimeRt 
statieRSf-~~~-~~ie~l~~~al-£~~~-~-e~Re~-~~~~--feaeFal 
eF-~~~-iRS~i~~~ieRS-~--~RGi&s-a~~h~~~e4-~-Jaw-~~-seRa~st 
FeseaF9h-iR-the-fiela-ef-pestieiaesTL 
A. 
Accompanying the pesticide or device at any time; or 
B. 
To which reference is made on the label or in literature 
accompanying 
the 
pesticide 
or 
device, 
except 
current 
official publications of EPA, 
the United States Department 
of 
Agriculture, 
the 
United 
States 
Department 
of 
the 
Interior, the United States Department of Health and Human 
Services, a state experiment station. a state agricultural 
college or other similar federal or state institutions or 
agencies authorized by law to conduct research in the field 
of pesticides. 
21. 
Land. 
"Land" means all land and water areas, including 
airspace, 
and 
all 
plants, 
animals, 
structures, 
buildings, 
contrivances 
and 
machinery 
appurtenant 
thereto 
or 
situated 
thereon, fixed or mobile, including any used for transportation. 
22. 
Nematode. 
"Nematode" means invertebrate animals of the 
phylum nemathelminthes and class nematoda, that is, unsegmented 
Fe~Ra-weFms roundworms with elongated fusiform or sac-like bodies 
covered with cuticle, and inhabiting soil, water, plants or plant 
parts; nematodes may also be called nemas or eelworms. 
23. 
Person. 
"Person" means 
any 
association, 
fiduciary, 
corporation or 
persons whether incorporated or not. 
individual, partnership, 
any organized group of 
24. 
Pest. 
"Pest" means 
any insects, rodents, nematodes, 
fungi, weeds, and other forms of terrestrial or aquatic plant or 
animal life or 
ViF~S viruses, bacteria or other 
misFeeF~aRism 
microora.ani.§..!illi, except viruses, bacteria or other microorganisms 
on or in living maR human beings or other living animals, whish 
that the commissioner declares to be a pest under section 610, 
subsection 1, paragraph A. 
25. 
Pesticide. 
"Pesticide" means any substance or mixture 
of substances intended for preventing, destroying, repelling or 
mitigating any pests T and any substance or mixture of substances 
intended for use as a plant regulator, defoliant or desiccant. 
*his---ae~iRit:ieR---al-se 
"Pesticide" 
includes 
"highly 
toxic 
pesticide." 
26. 
Plant regulator. 
"Plant regulator" means any substance 
or mixture of substancesT intended through physiological actionT 
for accelerating or retarding the rate of growth or rate of 
maturationT or for otherwise altering the behavior of plants or 
the produce 
thereofT--Blit:--shal-l___ 
"Plant regulator" 
does 
not 
include substances to the extent that they are intended as plant 
nutrients, 
trace 
elements, 
nutritional 
chemicals, 
plant 
inoculants aRa QI soil amendments. 
27. 
Protect health and the environment. 
"Protect health 
and the environment" means 
p!'et:eet:ieR to protect against any 
unreasonable adverse effects on the environment. 
28. 
registered 
subchapter. 
Registrant. 
"Registrant" 
means 
any pesticide pursuant to 
the 
a 
person 
provisions 
who 
of 
has 
this 
29. 
Registration. 
reregistration. 
"Registration" 
al-s9--ffieaB6 
30. 
Restricted use pesticide. 
"Restricted use 
means any pesticide or pesticide use classified for 
use by the AaffiiRist:!'at:e~T EPA Administrator. 
includes 
pesticide" 
restricted 
31. 
Rodent. 
"Rodent" means any member of the animal group 
of the order rodentiaL 
including but not limited to rats, mice, 
gophers, porcupines and squirrels. 
32. 
Unreasonable 
adverse 
effects 
on 
the 
environment. 
"Unreasonable 
adverse 
effects 
on 
the 
environment" 
means 
any 
unreasonable risk to ffiaR human beings or the environment, taking 
into account the economic, social and environmental costs and 
benefits of the use of any pesticide. 
33. 
Weed. 
"Weed" means any plant whieh ~ 
grows where it 
.is. not wanted. 
34. 
Wildlife. 
"Wildlife" means all living things that are 
neither human, domesticated nor, as defined in this subchapter, 
pests, including but not limited to mammals, birds and aquatic 
life. 
• 
... 
• 
• 
.. 
• 
Sec. 4. 7 MRSA §605, as enacted by PL 1975, c. 382, §3, is 
amended to read: 
§605. Misbranded 
The term "misbranded" applies: 
1. 
False, misleadinq or inconspicuous labelinq. 
~9-ai'iy M. 
applied to any pesticide subject to this subchapter means that: 
A. 
I'--i~s ~ labeling bears any statement, 
design or 
graphic representation relative 
~aeFe'=9 to the pesticide or 
to its ingredients waisa thgt is false or misleading in any 
particular; 
B. 
1'-4,= It is an imitation of or is distributed under the 
name of another pesticide; QI 
C. 
I'-aay Any word, statement or other information required 
to appear on the label or labeling is not prominently placed 
thereon with such conspicuousness, 
as compared with other 
words, 
statements, 
designs 
or 
graphic 
matterL 
in 
the 
labeling and in such termsT as to render it likely to be 
read 
and 
understood 
by 
the 
ordinary 
individual 
under 
customary conditions of purchase and USeTL-QI 
2. 
Lack of certain information. 
~9-aRy As applied to any 
pesticide means that: 
A. 
~'-~ae The labeling does not contain a statement of the 
use classification under which the product is registered; 
B. 
I£--\;&e The labeling accompanying it does not contain 
directions for use wRieR that are necessary for effecting 
the purpose for which the product is intended and that, if 
complied with, together with any requirements imposed under 
FIFRA, Section 3(d) 
9'-F~FRA, are adequate to protect health 
and the environment; 
B-1. 
The 
label does 
not 
contain 
a 
warning or caution 
statement that may be necessary and that, if complied with, 
together with any reguirements imposed under FIFRA, Section 
(d) , 
would 
be 
adeguate 
to 
protect 
the 
health 
and 
environment: 
B-2. 
The label does not bear an ingredient statement on 
that part of the immediate container, and on the outside 
container and wrapper of the retail package, if there is 
one, through which the ingredient statement on the immediate 
container cannot be clearly read, 
which is presented or 
displaye~nder 
cus~mary conditions 
o~urchase, 
The 
pesticide is not misbranded if the ingredient statement 
appears prominently on another part of the container as 
permitted pursuant to FIFRA, Section 2(g)(2)(A) if the size 
or form of the container makes it impracticable to place it 
on the part of the retail package that is presented or 
displayed under customary conditions of purchase: 
c. 
:U:--t-he--.J.~--ages There is not seal' affixed to its 
.cQD.tainer, and to the outside container or wrapper of the 
retail package, if there is one, through which the reguired 
information on the immediate container cannot be clearly 
read, a label bearing: 
(1) 
Name The name, brand or trademark under which the 
pesticide is aistl'isatea ~; 
+a}---AB--iB~l'eaieBt--state~eBt--eB--that--pal't--ef--the 
i~eaiate-~~~~--aB4-~-t-he--e¥~6iae-~~~--aBa 
wl'appel'-ef-~£€-~~~.J.-~,-~-~~~-e&er-thl'ea~R 
whieh--~~--iB~l'eaieBt--~~~---eB--~~--i~eaiate 
e9BtaiBel'-€aBBe~-~~.J.~.J.~~~-~~-~&-pFeSeB~ee-9F 
aisp*ayea--~---G~&~Fy--ee~Qi~4efi6--~--pal'eRasef 
pl'eviaea--~Ra~--~~--~~~--&t~~-~ay--appeaF 
pl'e~iBeBt*y--~-~~---paF~--ef--~~-~~~~--as 
pel'~it~ea-~~-~e-~~~-~~~~~~~~~--e~-~~~~-if 
the---&~~--~---~~~--ef---~--~~~---ffia~eG---it 
i~pl'aetieas*e-~~-pJaee--~-~-,~A&-~~--e~-~~-l'etail 
pae.a~e-wRi€R-4~-~~~~-~~~-~B4eF-east9~aFy 
e9Baiti9Bs-ef-pal'eRaSef 
+6}---A--waI'BiB~--eF--eaa~ieB--state~eBt--wRieR--~ay--se 
Beeessal'y-aBa-w£4e£~-~~-~~~~~-~~F-w~~a-aBY 
l'e~ail'e~eBts-i~p96ea-~£Qe£-~~~~~~~~-~~~&Ar-weala 
se-aae~aate-t9-pI'9teet-tRe-Real~R-aBe-eBVil'eB~eB~f 
(4) 
The net weight or measure of the content; 
(5) 
The 
name 
and 
address 
of 
the 
manufacturer, 
registrant or person for whom manufactured; and 
(6) 
The 
EPA 
registration 
number 
assigned 
to 
establishment in which it was produced and the 
registration 
number 
assigned 
to 
the 
pesticide, 
required by regulations under FIFRATL 
each 
EPA 
if 
D. 
~f--~Rat 
Th~ pesticide 
contains 
any 
substances in quantities highly toxic to 
~aB 
unless 
the 
label 
bears, 
in 
addition 
to 
requirements: 
substance 
or 
human beings 
other 
label 
-
• 
.. 
• 
(1) 
The skull and crossbones; 
(2) 
The word "POISON" in red prominently displayed on 
a background of distinctly contrasting color; and 
(3) 
A statement of a practical 
first aid or otherwise, in case 
pes tic ideT1........QK 
treatment, including 
of poisoning by the 
E. 
±E--~he 
The 
pesticide 
container 
does 
not 
bear 
a 
registered label or iE the label does not contain all the 
information required by this subchapter or the 
~e~lilat;ieR6 
rules adopted under this subchapter. 
Sec. 5. 7 MRSA §606, as amended by PL 1989, c. 878, Pt. E, 
§§3 and 4, is further amended to read: 
§606. Prohibited acts 
1. 
Unlawful distribution. 
±t-J~-~bawf~~-~~-aRY A person 
te may not distribute in the State any of the following: 
A. 
ARy 
A pesticide whieh ~ 
has 
not been registered 
pursuant to the provisions of this subchapterTL 
B. 
ARY A pesticide if any of the claims made for it or any 
of the directions for its use or other labeling differs from 
the 
representations 
made 
in 
connection 
with 
its 
registration, or if the composition of a pesticide differs 
from its composition as represented in connection with its 
registration; 
~~eviaea--~Ra~ a 
change in the labeling or 
formulation of a pesticide may be made within a registration 
per iod without requiring reregistration of the productr if 
the registration is amended to reflect SlieR that change and 
if slieh that change will not violate any provision of FIFRA 
or this subchapter; 
C. 
ARy A pesticide unless it is in the registrant's or the 
manufacturer's 
unbroken 
immediate container and there is 
affixed to slieh the container, and to the outside container 
or wrapper of the retail package, if there is one L 
through 
which the required information on the immediate container 
cannot be clearly read, 
a 
label bearing the information 
required 
in 
this 
subchapter 
and 
the--£e~lilat;ieRs ~ 
adopted under this subchapter; 
D. 
ARy 
8. pesticide whieh that has not been colored or 
discolored 
pursuant 
to 
the--~~~~--eE section 
610, 
subsection 1, paragraph D; 
E. 
ABy A pesticide whieh ~ 
is adulterated or misbranded 
or any device whieh ~ 
is misbranded; Q£ 
F. 
ABy A pesticide in containers whieh ~ 
are unsafe due 
to damage. 
2. 
Unlawful 
alteration, 
misuse, 
divulging of 
formulas, 
transportation, disposal and noncompliance. 
It-6ha~~-ge-~B~awf~~ 
A person may nQt: 
A. 
~eF--aBy--peFseB--~e--Qetaeh Detach, 
alter, 
deface or 
destroy, wholly or in part, any label or labeling provided 
fQr in this subchapter Qr 
Fe4J\l~atieBs ~ 
adopted under 
this 
subchapterT-~--~e-~-aRy-~&a~-~~--&F-~~~-aBY 
S\l9S~aBee-~~effi7-~~~~-i&-a-maBBe~-~-~~~a~-the 
p\lFpese--ef--~~~--~~--~-~--~a~a~i&&&--aseptes 
theFe\lBSeF; 
A-I. 
Add any substance to or take any substance from a 
pesticide in a manner that may defeat the purpose of this 
subchapter or rules adQpted under this subchapter; 
B. 
~eF--a&y-~~-~~-\lse Use or cause to be used any 
pesticide in a manner inconsistent with its labeling or ts 
Fe4J\l~a~ieBs with rules of the board, if those 
Fe4J\l;ba~ieBs 
~ 
further restrict the uses provided on the labeling; 
C. 
~eF--aBy--peFseB--~e--\lse ~ for 
that person's 
own 
advantage or 
~e reveal, other than to the board or proper 
officials or employees of the state or federal executive 
agencies, SF to the courts of this State or of the Uni ted 
States in response to a subpoena, eF to physicians, or in 
emergencies to pharmacists and other qualified persons for 
use 
in 
the 
preparation 
of 
antidotes, 
any 
information 
relative to formulas of products acquired by authority of 
section 
or 
any 
information 
judged by 
the board 
as 
eeB~aiBiB4J to contain or Fe;ba~iB4J relate to trade secrets or 
commercial or financial information obtained by authority of 
this subchapter and marked as privileged or confidential by 
the registrant; 
D. 
~eF--aBy--peFseB--~e--Baas;be Handle, 
transport, 
store, 
display or distribute pesticides in such a manner as to 
endanger maB-aBs-his human beings Qr their environment or to 
endanger 
food, 
feed 
or 
any other products that may 
be 
transported, 
stored, 
displayed or distributed with 
such 
pesticides; 
• 
• 
E. 
~e!!,--aflY--pei:'~-t.G--Elispese Dispose of, discard or store 
any pesticides or pesticide containers in such a manner as 
may cause injury to humans, vegetation, crops, livestock, 
wildlifeT QX beneficial insects or pollute any water supply 
or waterway; 
F. 
~e!!'--any--pef'SeB--t-()--f'e~~se Refuse or otherwise fail to 
comply 
with 
the 
prov~s~ons 
of 
this 
subchapter, 
the 
!'eEJ~latieBs rules adopted 
be!'e~BE1e!' under this subchapter, 
or e~ any lawful order of the board; or 
G. 
~e!!'--any--pe!'seB--t-()--apply ~ 
pesticides in a manner 
inconsistent with rules for pesticide application adopted by 
the 
boardT--wh-i-oh--!'-~le&-~-e--Qe.&i-q.Be4--te-~in-im-i-ae--pe6tieiE1e 
E1Fi~t--t.G--~~-~~-~-t~-~a€-t~~~~e--~BE1e£--e~F!!'eBtly 
ava1la&le--teeABeJeEJY. 
Witbe~t-~~-tbese-~~-may 
pFeseFiae--p!'-eeeE1~!'-e&--t.G--~-~-~~---t~-appJiea-tieB--ef 
pestieiE1esT-~£eJ~£~£~--t~-~~r-plaeeT-maB£e£-~~~-ef 
tbat-appJiea-tieB7-may-~~~~~~-~-~~~-~&&-e~-pestieiE1es 
iB-4~~~£~-t~4-~~~~-E1~!'-i~-6peei~ieE1-~~~~-~~-aBE1 
may-~~~~-~~~~-Jeve±6--~!'--~-~~-~~~~--iB 
eff-taFEJet-a£ea6~--~~e-~~~~~~~-~-~~le&-ay-J~Be 
lh-198e ... 
Sec. 6. 7 MRSA §607, as amended by PL 2003, c. 282, §1, is 
further amended to read: 
§607. Registration 
1. 
Conditions requ1r:I.ng registration. 
EveFY A pesticide 
wbieh-is may not be distributed in this State sball-ae unless it 
.i§. registered with the board 
s~ajee-t--t-()--the in accordance with 
.t.h.e. provisions of this subchapter ... -~-~-eq-i-&t~-at.-i-on---6~-a-lJ--ae 
FeBeweE1-~~~-~~~~--te-~1r-lr-~~~~~~-FeEJistFatieB 
is-~-~~~~~~£--i~-~-pe6-tieiE1e--i&-~~-fFem-~-~~--eF 
wa!!'ebe~se-~~-~~--pJaBt-~~-~~-epef'ateE1-~-~~-same 
peFseB--a£a--~-~~~--a~--s~eb--pl~£-t--~--~~--a&--a 
eeBstit~eBt-~-t--~e-~-e--a-~-t~e~4e-~~-i6-~~i&t~~-~BE1e!' 
the--p!!'evisieBs--ef--this--s~gehapteFT--eF--if--the--pestieiee--is 
E1ist!!'ia~teE1-~--tbe-~~~~-ef-~-eHpef'imeBtal-~-pe!!'mit 
iss~eE1-~£ae~-~~~~~~-aB-e~pe~~me£-t~J-~-pei:'~~-i&&aeG-ay 
EPA ... , except that registration is not required if: 
A. 
A pesticide is shipped from one plant or warehouse to 
another plant or warehouse operated by the same person and 
is used solely at tha.t plant or warehouse as a constituent 
part to 
make 
a 
pesticide that is registered under 
the 
provisions of this subchapter: or 
B. 
A pest~de is 
dist.rJbut~u~der the provisions of an 
experimental use permit issued by EPA. 
2. 
Contents of statement made by applicant. 
for registration shall file a 
statement with the 
sRall mY£t include: 
The applicant 
board-L whi ch 
A. 
The name and address of the applicant and the name and 
address of the person whose name will appear on the label, 
if other than applicant's; 
B. 
The name of the pesticide; 
C. 
Other necessary information required ~e!'-~-~-e~ 
t:Re-~-t.ment....!-&--a-p-p-l-i-e-a-&w.B--~e.z-~-eq-1&t.~-i-on--~eFRls by the 
~: 
and 
D. 
A 
complete 
copy 
of 
the 
labeling 
accompanying 
the 
pesticide and a statement of all claims to be made for it, 
including the directions for use and the use classification 
as provided for in FIFRA. 
3. 
Submission of 
formula. 
The 
board, 
when 
it 
aeeRls 
determines it necessary in the administration of this subchapter, 
may 
require 
the 
submission 
of 
the 
complete 
formula 
of 
any 
pesticide, including the active and inert ingredients. 
4. 
Test results. 
The board may require a full description 
of toRe All tests made and the results t:ReFee' of those tests on 
any pesticide not registered pursuant to t:Re-Feae!'al-.BseetieiaeT 
FYB~ieiae--aRa--ReaeRt:ieiae--Ae~ 
FIFRA, 
Section 
or 
on 
any 
pesticide 
on 
which restrictions are being considered by the 
~. In the case of renewal of registration, the board may 
require a statement 
sRal,l--be--~\:I;iFea only with respect to test 
result information wRieR .tl:!£t. is different from that furnished 
when 
the 
pesticide 
was 
registered 
or 
last 
reregistered. 
Ne~wit:RstaRaiR~-~~-t~~-l-r-se€~4eR-~,--aa&a-~~~~~~£-~~-t:Ris 
syeSestieR-aRa-~~ese€~4e~~-~-~~~~~~~~l--a-a4-saall-Re~ 
ee-avai*ae*e-'eF-pyelie-iR6pee~i9R~ 
5. 
Pover to require other information. 
The 
board 
may 
p!'ess!'iee 
by 
rules 
adopted 
under 
section 
require 
the 
submission of other necessary information eY--l"-equ-l-at-4on--aaept:ea 
iR-~-RlaRRe!'-~~~--wi~R-~~-MaiRe-~~1&t.-l"~~-P!,geeaYFe 
AsL 
5-A. 
Confidentiality. 
Notwithstanding Title 
1. 
s!'!ction 
402, 
data submitted pursuant to 
subsections 
3, 
and 
are 
confidential and may not be available for public inspection. 
Page ll-LR2618(1! 
.. 
6. 
Registration fee; validity. 
The applicant desiring to 
register a pesticide SRa±± must pay an annual registration fee of 
$±g9-£>e~-iml.-i-fl~-..,i-n-~~F-,-}"eaF-J.1]1]47--$-l-l-6--beq-inn-1nq--i-B--ea±eBQaF 
yeaF-agg~-aBQ $125 ae~iBBiB~--iB-~~~-~-~~aG-&BeFea~&eF 
for 
each 
pesticide 
registered 
for 
that 
applicant. 
Annual 
registration periods expire on December 31st e~-~-~-yeaF or 
in a manner consistent with Title 5, section 10002, 
as-~e-J.ieeBse 
eHpiFa~ieBT whichever is later. 
7. 
Renewal of registration. 
~eFRlS Registrations must be 
renewed annually prior to January 1st. 
The board shall mail 
forms for reregistration sRall-ae-maiJ.eQ to registrants at least 
days prior to the due date. 
AT--P~eyiQeQ-~he-~~~..,i~~~..,i~~-~G&-AQmiBis&Fa~F-e~ 
tRe--~~~--States--~~~~~--PFeteetieB--~--te 
Fe~isteF-pe~~-i€-i4e~-~~-~-SeetieBs-~4~a~-~-~~~-e' 
F*FRAT-~Re-bea~4-~-l-~~-~~-~~i-F&G-iB~eFRla&i9B-Se~ 
~eFtR-~BQe~-~-i~~,--~r-4-aBQ-~~~~~r-S~&}eG&-~e 
tRe-~e~ffi6-~~aGi-~~B-&-e~-~£e-~i-t~-S&a~&-~BViFeBRIeBta± 
PFe~eetieB-~~-~r~i-~~~r-Fe~is&eF-~~~~~~~-i~ 
it-QeteFRliBes-tRat+ 
+±+--*~6-€empe~-i~-ieB--i~-~~~~-waF~B-~-&Be-pFepeSeQ 
e±aims-~eF-itf 
+6+---~~-~a£>e-l-i-fl~--aBa-~~--Rla~e~iaJ.--~~i-F&G-~~-ae 
syaRlitteQ--~~--w-i~£---tBe--~~i-r~~--~---tRis 
SyaeRap~e!'f 
f~+---~&--~i-~~-~~~~-..,i~~--i~~-~~B€~-i&B--wi~Reyt 
YBFeaSeBaa±e-aQVeFSe-e~Eeets-eB-~Re-eBviFeBRIeB~' 
+4+---WReB--~~-..,i-n--~~-~i-~--wiQeSpFeaQ--aRQ 
eeRlRleB±y--Fe~Ri~eG-~r~~r-..,i~-~~~--Be~--~eBeFa±±y 
eayse-~~~~~F&&-eEEee~s-~~~-eBviFeBRIeBtf 
aBe 
*~T-w-i~R-iB--l~~-~FeRl-~Re-~~~~~~~-applieatieB 
€eF--Fe~ist!'atieB--is--syaRlitteeT--tRe--8eaFe--e€--Pestieiees 
GeRtFel-~ails-~e-~~-~~~~~~-~F-F~is&Fa&~B-e~ 
a-~..,i~~-wBieB-~-~R-€e~~-i~-ie4-~-~Re-~i-t~-S~a~es 
~BviFeBRIeBta±--P~e~e€~-ieB--A~~€~--~~-~~i-G&--sBall--ae 
eeeRlee-~~~~~-YBeeF-~~~-eRapteFT-~~-tRe-~~-e€ 
Pestieiees-~eB~~el--i~~~e~-~~-i-t~~~~~&-~B&aiBi-~-tRe 
FeaseBS-~~--&Re-~~-l~~-~-a€~-~-~Re-~~~~r--~Re 
statemeat--eE--tHe--8eaFa--eE--Pestieiaes--GeatFe~--SHa~~--ae 
eeaSiaeFea-a-FeE~Sa~-te-Fe~isteF-p~FS~aat-te-6eetiea-9Q9T 
~His-~~~-eee~-~~-a~Y--~~-~~-Fe~i6tFaat-~~~~-te 
pFeyiae-a£y--inf~~~~-~~~~-te-be-~~~~-~aGeF-tHis 
eHapteF-~~-~-~&--pFeyiae-~h€~-~~~~~-~~6~-ay 
tHe--8eaFa--eE--Pestieiaes--GeatFe~--iR--eFaeF--te--aeteFmiRe 
wHetHeF-tHe-pestieiae-6He~~a-Be-Fe~i6teFeaT 
~He-~~~-FaF~FaFh-~--~&-a~~ee~-~~-Fi~Ht6-~--tHe 
8eaFa--~--Pe6tieiQe6--~~~~---~--make--~~~~---iR~~iFY 
Fe~aFaiR~--the--~~6&F&&~&-~~-~-~~~~-~--te--Fef~se 
FeFe~istFatieaT-~~F-Feyeke-~~~~~~~~F-etHeFwi6e 
FestFiet-~-~~~~~-tHe-~-~--pestieiaes--~-~~--te 
pFeteet-p~B~ie-Hea~tH-aRa-tHe-eRviFeameatT 
8T--~-~--~e--~~~F~-~-pe6&iGiGe-~~--a-~~--~eea~ 
aeeaT-tHe-eea~e-~~~-~~~~~~~~~-&he-Fe&tieiQe-~eF 
~eaeFa~-e~-~€~~~Je~ea-~~~~~it1r~~~-SeG&~&-~~Q}-eE 
~I~RA~-~~J~-~~-the-Bea~e-~l~--~t-make-~-~*-eE 
esseatia~ity-~-~~~~~~-~e~--Qeayia~-~~i&t~~~-~--aRY 
pestieiaeT-Wke£€-~-pe6&iGiGe6-meet-~h€-~~~~~~~-tHis 
paFa~FapHT-eBe-~£~~~£-~-~~~i&t~~-~-FFe~Fe&Ge-te-tHe 
etaeFT 
GT---~h€--~~-~y--aeye~ep--a££--~~1~~--6~h--etHeF 
Fe~~iFemeats-~-~~~a&~&r-~~-~-a-~--eeasisteRt 
witH--~~--Maiae--~~~~~~~~~--P~~--A€~7--~--aFe 
ReeessaFy-~~--&he-~ta~e-~I~-te-~€e€J~€-~r~~~~~-EFe~ 
EPAT 
8-A. 
Approvjll 
of 
a.pR;Lication 
for 
registration. 
The 
processing of an application for registration is governed by this 
subsection. 
A. 
The board shall consider the reguired information set 
forth under subsections 2, 3, 4 and 5 and shall register a 
pesticide if it determines that: 
4.6 
(1) 
Its composition warrants the proposed claims for 
( 2) 
Its labeling and other material reguired to be 
submitted 
comply 
with 
the 
reguirements 
of 
this 
subchapter: 
(3) 
It will perform its intended function without 
unreasonable adverse effects on the environment: 
• 
• 
(4) 
When 
used 
in 
accordance 
with 
widespread 
and 
commonly 
recognized practice, it will not generally 
cause unreasonable adverse effects on the environment; 
and 
(5) 
A need for the pesticide exists. 
B. 
If, 
within 
days 
from 
the 
date 
the 
completed 
application for registration is submitted, the board fails 
to act upon an application for registration of a pesticide 
that has been certified by EPA, 
the pesticide is deemed 
registered under this chapter unless the board issues 
a 
written statement containing the reasons for the failure to 
act upon the application. 
The statement· of the board is 
deemed a refusal to register pursuant to section 609. 
c. 
Paragraphs A and B do not apply if the registrant fails 
to provide any information reguired to be submitted under 
this 
subchapter 
or 
does 
not 
provide 
other 
information 
reguested by the board in order to determine whether the 
pesticide should be registered. 
Nothing in this paragraph affects the rights of the board to 
make 
further 
inguiry 
regarding 
the 
registration 
of 
a 
pesticide or to refuse reregistration, to suspend or revoke 
registration or to otherwise restrict or condition the use 
of pesticides in order to protect public health and the 
environment. 
D. 
Prior to registering a pesticide for a special local 
need, the board shall classify the uses of the pesticide for 
general or restricted use in conformity with FIFRA, Section 
3(d). 
The board may not make any lack of essentiality a 
criterion for denying registration of any pesticide. When 2 
pesticides meet 
the 
reguirements of this paragraph, 
the 
board may not register one in preference to the other. 
E. 
The bOQrd ma~~blish such other reguirements by rule 
in accordance with section 610 as are necessary to carry out 
the provisions of this subsection. 
9. 
Adverse environmental effects. IfL at any time after the 
registration 
of 
a 
pesticide, 
the 
registrant 
has 
additional 
factual information regarding unreasonable adverse effects ~ 
p-esticide on the environment 
e~--t-he--!le6t.ieiEl.e, the registrant 
shall submit s~eR that information to the board. 
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 repealed. 
Sec. S. 7 MRSA §60S, as amended by PL 1989, c. 878, Pte E, §7 
and PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed. 
Sec. 9. 7 MRSA §609, as amended by PL 1989, c. 878, Pte E, 
§8, is further amended to read: 
§609. Refusal to register; cancellation; suspension; legal 
recourse 
1. 
Procedure. 
Pl'eviEleEl- -1::-ae. --&t-a-t-e- --i-s- --£-e-£-t-i.f-i~ -By--I:he 
AElffiiBisl:l'al:el'-~--KPA-~~-l'e~isl:el'-~-i~~-Eel'ffi~lal:eEl-~~-ffieel: 
speeial-~~~~-~,-1::-ae.-Bea£El-~~-~~~~~-l;he The following 
Eel'-£e!~sa*--t~~~~-e-£~-~~-~~~~r-~~-~~~P&&~~&r-eF-Eel' 
le~al--c~-&e--~el'--&u-Oh--pesl:ieiEles provisions govern the board 
when 
refusing to register 
a 
pesticide. 
refusing to 
renew 
a 
~sticide registration, 
canceling a 
pesticide registration or 
suspending 
a 
pesticide 
registration. 
~his---l'e~isl;l'al:ieBT 
eaBeellal;ieB-~-s~speBsieB-~~~-~-ee&&iGeFe4-~~~-i~-as 
I:hal;-~~~-i&-~-i~-i&--t£€-~iGe-AemiRis-t~a-tiy€-~~-e--Ael; 
aBEl-~-~-sha~~--&e-~~~-iB-~-maRR€~--&e&&i&t;.e&1::--~-t~-l;he 
MaiBe-AElffiiBisl;l'al;ive-Pl'eeeEl~l'e-AeI:T 
A. 
If it does not appear to the board that I;he .Q pesticide 
is-s~eh-as-l:e-wa£EaBI; warrants the proposed claims for it or 
if 
the 
pesticide 
and 
its 
labeling 
and 
other 
material 
required to be submitted do not comply with the provisions 
of this subchapter or 
l'e~~lal;ieBs rules adopted 
I:hel'e~BElel" 
under this subchapter, the board shall notify the applicant 
of the manner in which the pesticide, labeling or other 
material required to be submitted fails to comply with the 
provisions of this subchapter so as to afford the applicant 
an opportunity to make the necessary corrections aBe-shall 
Bel;iEYT-iB-~-~-~~~-~it~-t;.ae-Maiae-AElffiiBisl;l'al:ive 
Pl'eeeEl~l'e-Ae-t?-~~-a~~~iGa~t;.-eE--t£€-~~~i~~-~F-heaFiB~ 
pl'iel'-l;e-FeE~sal-l;e-l'e~isl:eFT 
B. 
When 
the board determines 
that 
a 
pesticide or its 
labeling 
does 
not 
comply 
with 
the 
prov~s~ons of 
this 
subchapter or I:he-~e~~lal:ieRs rules adopted I:hel'e~RElel' under 
this subchapter, the board may cancel or refuse to renew the 
registration of a pesticide or change its classification, 
after notice and opportunity for hearing has been provided 
in a manner consistent with the 
l'~le-ffia*iR~-~~-s-i~-eE 
I:he Maine Administrative Procedure Act. 
C. 
When the board determines that there is an imminent 
hazard, it may, on its own motion, suspend the registration 
of a pesticide in a--mann&r--eeRsisl:eRI: accordance wi th I:Re 
MaiBe- .. Ailffi·in-:i-s-t~-at-i.y.e-...p..ro-Gedu-r-e--AeI;T Title 5, section 8G§4 T 
\. 
• 
• 
.... 
., 
as-~~~~-F~~-ffia~i~-~eBQiB§-~~~~-a~teF 
Ratiee-~~~p&F&~Ri&y-~a~-~-heaFiR§ ~. 
HeaFi~&-6Ball 
ge-helQ-with-the-Qtffiast-~assi91e-eH~eQitiaRT 
D. 
When the board becomes cognizant of any possible hazard 
or violation involving eitheF a registered 
eF--un£~-i6.t;.e~eQ 
product, it shall cause notice of sQeh-..f..a.G.t-r--&t&-i-fl9--the 
QateT-BaQ~-~£~-~~~~-~~~-~it~~~y-&~-tae-~iRQiR§s 
aF-€B~~~€-~~~-~Fe~eFFeQT the possible hazard or violation 
to 
be 
delivered 
by 
registered 
mail, 
return 
receipt 
requested, to the 
~eFsaR-~-ned-r-wRe--&ba-l-l--ge-"9-Wen--aR 
e~~aFtQRitY-~~~~~-~ReeF-6Q€B-~~~~-~~&i&R&-aS 
ffiay-&e-~~~~~-&B&-9aaFQ registrant and may cancel or 
refuse to renew the registration of the pesticide or change 
its classification after notice and opportunity for hearing 
has been provided in a manner consistent with the Maine 
Administrative Procedure Act . 
ET--A£y-~~~-wi~~-Be-~~¥€~6€Jy-~~~~~-&QGa-aFQeF 
iR-tBi6-6€€~-ia~-may-~~~-~~~l--~~-~A&~~-9y-~iliR§ 
iR-~~-gistFiet-~~~-r-withiR-~-Qays-~~~--tRe-~~1r-a~ 
sQeh-~~~-~-~e&itieR-~~~y-i£~-~~--&B&-e£Qe~-~~-asiQe 
iR-~~-~---iB--~aFtr--~-~~--a~--&B&-~~~-6~~JJ--Be 
~eFthwith-t£aB6ffiitteQ-by-~~~~~-~-~~~~-t&-tae-BeaFQ 
aRQ-~~~~~-geaFe-6B~JJ-~~~-iR-tBe-~~-~-FeeeFQ 
a~-~~-~~i~&-aB-~~-it-~-i&&-a~~e~,--~-eeQFt 
shall-~-jQ~i6Qi€tieB-~~-~~~-i~m-~F-~--a&iGe-~-eFQeF 
eeffi~laiReQ-~---i£--w~~-~--iR-~~r--~~€--~iaGi~&-~--the 
geaFQ-w-i.t;.B-~~~~~~e&tieR&-ef-~~~-~~~-s¥staiReQT 
i~-6~~~~€6-~-&~&&&aR&ial--eyiQeRee-W~€£-~~~~R-the 
FeeeFQ-~-a-~€'-~~R-~~~J-i€~.t;.-ia£~-~~-ee¥£t-~-FeffiaRQ 
the-ffia.t;..t;.€~-~~~~-~aFG-te-.t;.~~€-~~~~-~~~r-i~-theFe 
aFe--FeaseRaBle--§Fe¥RQS--~eF--the--~ail¥Fe--te--aQQ¥ee--s¥€h 
eyiQeRee--~-tBe-~F~F-£~~-i£~,---~B&-~~-ffiay-~~~-its 
fiRQiR§S-~~~~-By-~~~~-the-~~-i~-~~-se 
ta*eR--~--&hal-l---fiJe--~~--aeei&ieRa~--~€€a~~--~--aRY 
ffieQi~ieatieR-a~-~~~-~~~F-eFQeF-w-i.t;.~-~~~~~~~-the 
eeQFtr 
2. 
Federally 
registered 
pesticides. 
If 
the 
board 
determines that any federally registered pesticide, with respect 
to the use of such pesticide within this State, does not warrant 
the claims for it, or might cause unreasonable adverse effects on 
the environment, the board may refuse to register the pesticide 
as required in section 607 T 
or L 
if the pesticide is registered 
under section 607, 
the-£e§i6.t;.£a.t;.ia£-may-~~l-~~F-SQ6peRQee 
a6--~£eyiQee--iR may 
cancel 
or 
suspend 
the 
registration 
in 
accordance 
with 
subsection 
1. 
If 
the 
board 
believes 
the 
pesticide does not comply with the provisions of FIFRA or the 
regulations adopted theFeQReeF by EPA pursuant to FIFRA, it shall 
Page l6-LR26l8(1) 
advise EPA of the manner in which the pesticide, labeling or 
other material required to be submitted fails to comply with the 
provisions of FIFRAT and suggest necessary corrections. 
3. 
Person adversely affected by board action. 
Any person 
ru;lyersely affected by a final action of the board under this 
section may obtain judicial review thereof by filing in the 
District Court, within 60 days after the entry of that final 
action, a petition praying that the action be set aside in whole 
or in part. 
A copy of the petition must be forthwith transmitted 
by the clerk of the court to the board and upon receipt the board 
shall file in the court the record of the proceedings on which it 
based its final action. The court has jurisdiction to affirm or 
set aside the final action complained of in whole or in part. 
The findings of the board with respect to questions of fact must 
be sustained if supported by substantial evidence when considered 
on the record as a whole. Upon application, the court may remand 
the matter to the board to take further testimony if there are 
reasonable grounds for the failure to adduce the evidence in the 
prior hearing. 
The 
board may modify its findings 
and final 
action by reason of the additional evidence and shall file the 
additional record and any modification of the findings or final 
action with the clerk of the court. 
Sec. 10. 7 MRSA §610, as amended by PL 1989, c. 878, Pt. E, 
§9, is further amended to read: 
§610. Determinations; rules; restricted use pesticides; uniformity 
Determinations. 
H9~~ee-~-aa-eppe~~~Ri~y-~~--a-~~~-~a-a-~--e9Hs~s~eH~ 
wi~H--~He--FH±e-makiH~--pFevisieHs--eE--~He--MaiHe--AamiHis~Fa~ive 
4.6 
PFgeeeHFe-Ae~ may by rule: 
A. 
T9-eee±aFe Declare as a pest any form of plant or animal 
life, except ViFHS viruses, bacteria or other microorganisms 
on or in living maH human beings or other living animals, 
wH~eH-~s that are is injurious to health or the environment; 
B. 
Te--ee~eFm~He Determine whether pesticides registered 
under the authority of FIFRA, 
Section 24(c) 
ef-+I-l=-RA are 
highly toxic to maH human beings. 
THe-.ee.f-J.-n.i~-J.-€ffi--G-~-H~~H;!'y 
~9HieT-a~-~~~-b&-~i~~e-4Q7-~~~--~~a~-Re~H±a~ieHsz 
SeetieH-~~,~-a&-i66Hee-~--HeFeaf~eF-ame£4€4~-~~~-~eveFH 
the-beaFe~s-aeteFm~Hat~eHf 
C. 
Te--4€~e£miHe 
Determine 
whether 
pesticides 
aHa 
or 
quantities of substances contained in pesticidesT-whieh are 
injurious to the environmentT-~he. 
The board sha;!,;!, must be 
guided by EPA regulations in this determination; and 
Page l7-LR26l8(1) 
\ 
.. 
J 
D. 
~e-pEeseE~ge-Ee~QJat~eRs-Ee~QiEiR~ Require any pesticide 
to be colored or discolored T 
if it determines that such .Q 
requirement is feasible and is necessary for the protection 
of health and the environment. 
2. 
Rule-makiuq powers. 
The board is-~~4~-~Ft~~-aae 
Ret~ee-~-a-~a&~~-~4~--iR-~-ma~~e~-~a&~&~a~-~~~-the 
MaiRe---Aaffi~a~&~~a~~¥&--~~~--~-r--~~--ffiake---appEepEiate 
Ee~alatieRs-~eF-eaEEyiR~ ~ay adopt other rules that it determines 
necessary 
to 
carry 
out 
the 
provisions 
of 
this 
subchapterT 
iRelaaiR~. 
The board's rule-making authority includes, but .is. 
not limited to Ee~alatieRs-pFeyiaiR~-~eF, rules: 
A. 
~he Providing 
for 
the 
collection, 
examination 
and 
reporting of samples of pesticides or devices; 
B. 
~he Providing for the safe handling, 
transportation, 
storage, display, distribution and disposal of pesticides 
and their containers; 
C. 
bageliR~ Establishing requirements of all pesticides 
required 
to 
be 
registered 
under 
provisions 
of 
this 
subchapter, provided that such 
Fe~QJa~ie~ii--saall rules do 
not impose any requirements for federally registered labels 
in addition to or different from those required pursuant to 
FIFRA; aRa 
D. 
Specifying classes of devices whieh--sha-I-l--ae that are 
subject to the provisions of section 605, subsection lTL 
E. 
Governing pesticide 
application, 
including, 
but 
not 
limited to, rules: 
(1) 
Designed 
to 
minimize 
pesticide drift 
to 
the 
maximum extent practicable under currently available 
technology: 
(2) 
Prescribing 
procedures 
to 
be 
used 
for 
the 
application of pesticides, including the time, place, 
manner and method of that application: and 
( 3) 
Restricting or prohibiting the use of pesticides 
in designated areas or during specified periods of 
time: and 
(4) 
Prescribing 
tolerance 
levels 
for 
pesticide 
residues in off-target areas: 
Page l8-LR26l8(1) 
F. 
Prescribing the submission of information necessary for 
the 
board 
to 
undertake 
its 
res~ibilities under 
this 
subchapter; 
G. 
Prescribing reguirements as necessary to carry out the 
provisions of section 607; 
H. 
Governing the registration and 
the cancellation and 
suspension of registration of pesticides pursuant to section 
609; and 
I. 
For the purpose of achieving uniformity of reguirements 
between the states and the Federal Government, provided the 
rules 
are 
in 
conformity 
with 
the 
primary 
pesticide 
standards, 
particularly 
as 
to 
labeling, 
registration 
reguirements 
and criteria for 
classifying pesticides 
for 
restricted use, as established by EPA or other federal or 
state agencies. 
3T--~~it~-~--FeqQiFemea~s~-~~~~~~-QSeST--~~--tae 
pH~pe6e-e~-~~~~~~~~-~~~i~emea~&-eetweeB-~~~~~~~-tae 
~eae~a±-Geve~£me£~7-~~~~-maYr-afteF-~~~~-&eaFi~r-aaept 
~e~H±at~ea6-~~-e~a~~Fmi~y-~~~-~-pF4maFy-~-~~-6taaaa~a6T 
pa~tieH±a~±y--~--~--±aee±ia~T--~~~~~~~--~i~~--aBa 
e~ite~~a--~~--~~if~~--pe&~ieiGe&--feF--~~~~~~-~--a6 
e6taB±i6aea-By-~PA-e~-etae~-€eae~a±-e~-6tate-a~eBeie6T 
Unless 
otherwise 
specified, 
rules 
adopted 
under 
this 
subchapter are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 11. 7 MRSA §61l, as amended by PL 1989, c. 878, Pt. E, 
§10, is further amended to read: 
§611. Enforcement 
1. 
Board 
powers. 
Notwithstanding 
any 
other 
p~evi6iea6 
provision of law, the sampling and examination of pesticides or 
devices 
6aa**-~~-HBae£-~~-GiFee~~a-e~-~~-Bea~a for the 
purpose of determining whether they comply with the requirements 
of this subchapter must be done under the direction of the board. 
The 
board 
i6--a'l:l~ae£ill5ea 
may, 
upon 
presentation 
of 
proper 
identification, te enter any distributor's premises, 
including 
any vehicle of transport, at all reasonable times in order to 
have 
access 
to 
labeled pesticides 
or 
devices 
packaged 
for 
distributionT--aaa--te 
mgy 
open 
any 
case, 
package 
or 
other 
containerT and maYL upon tendering the market priceL take samples 
for analysis. 
If it appears 
from such an examination that a 
pesticide or device fails to comply with the provisions of this 
subchapter or 
~e~Qlat~ea6 rules adopted 
tae~eQBae~ under this 
\ 
subchapter, 
and 
the 
board 
contemplates 
instituting 
criminal 
proceedings against any person, the board shall cause appropriate 
notice to be given to sash .th.at person in a manner consistent 
with the Maine Administrative Procedure Act. Any The board shall 
provide any person so notified shall-ae-~4yen an opportunity for 
a hearing in a manner consistent with the Maine Administrative 
Procedure 
ASE--aS--E9 
Act's 
prov~s~ons governing adjudicatory 
proceedings. If Ehe~ea~Ee~ in the opinion of the board it appears 
that the 
prov~s~ons of this 
subchapter or 
~e~alaEi9ns ~ 
adopted 
Ehe~eanEle~ under this subchapter have been violated by 
sash ~ 
person, the board shall refer a copy of the results of 
the analysis or the examination of such pesticide or device to 
the attorney for the district in which the violation occurred. 
2. 
Minor violations. 
Nothing in this subchapter shall may 
be construed as requiring the board to report minor violations of 
this 
subchapter 
for 
prosecution 
or 
for 
the 
institution of 
condemnation proceedings when the board believes that the public 
interest will be served best by a suitable notice of warning in 
writing. 
3. 
Repeated 
violations. 
The 
board 
shall 
record 
all 
violations of this 
shapEe~ subchapter 
and Title 22, 
chapter 
258-A, including the name of the owner of the land on which the 
pesticides were intended to be applied, the name of the licensed 
pesticides applicator and the name of the person who contracted 
the pesticide application services. 
The board shall identify 
persons who repeatedly violate provisions relating to pesticide 
use and recommend to the Attorney General methods to prevent 
ERese-~epeaEeEl further violations by those persons. 
Sec. 12. 7 MRSA §612, as amended by PL 1989, c. 878, Pt. E, 
§ll, is further amended to read: 
§612. "Stop sale, use or removal" order 
When the board has reasonable cause to believe a pesticide 
or device is being distributed, stored, transported or used in 
violation of any of the provisions of this subchapter or of any 
of the 
p~essl'~aeEl-~-equ-l-a-t....,i.~-aREle~ rules adopted pursuant to 
this subchapter, it may issue and serve a written "stop sale, use 
or removal" order upon the owner or custodian of anY-£ii€h that 
pesticide or device. If the owner or custodian is not available 
for service of the order, the board may attach the order to the 
pesticide or device and notify the owner or custodian and the 
registrant. The pesticide or device shall may not be sold, used 
or removed until the 
prov~s~ons of this subchapter have been 
complied with and the pesticide or device has been released in 
writing under conditions specified by the board or the violation 
has been otherwise disposed of as provided in this subchapter by 
a court of competent jurisdiction. The issuance of such an order 
saa1:1:-~--ge--€eB64EleFeEl is not a licensing or an adjudicatory 
proceeding as defined by the Maine Administrative Procedure Act. 
Sec. 13. 7 MRSA §613, as amended by PL 1989, c. 878, Pt. E, 
§12, is further amended to read: 
§613. Judicial action after "stop sale, use or removal" order 
The following provisions govern judicial actions concerning 
a "stop sale. use or removal" order by the board. 
, 
1. 
Filing action; adjudication. 
After service of a "stop 
sale, use or removal" order is made upon any person, either that 
person, the registrant or the board may file an action in a court 
of 
competent 
jurisdiction 
in 
the 
district 
in 
which 
a 
the 
violation e~-~R46-~~~~-~-~~~~-aGG~~Q-~aeFe~REleF is 
alleged to have occurred for 
an adjudication of the alleged 
violation. 
The 
court 
~R--s~ea--ae~~eR may 
issue 
temporary or 
permanent injunctions, mandatory or restraining, 
and 
s~ea any 
intermediate 
orders 
as 
it 
Eleems 
determines 
necessary 
or 
advisable. The court may order condemnation of any pesticide or 
device 
wa~ea 
tha~ does 
not 
meet 
the 
requirements 
of 
this 
subchapter or 
Fe~~1:at4eB6-~~-&aeFe~REleF rules adopted under 
this subchapter. 
2. 
Disposition of condemned pesticide; costs and fees. 
If 
the court orders that a pesticide or device is condemned, 
~~ 
saal,;h--af-t-EH:'--eR~Fy-~--EleeFeeT the court shall direct that the 
pesticide or device be disposed of by destruction or sale a6-~ae 
ee~F~-~~~&&r-~-4~--6~ea. 
If the pesticide or device is 
directed to be sold, the proceeds T 
less costs-,-
inCluding legal 
costs. saa1:l, !!ll!ll be paid to the Treasurer of State as provided 
in section 621T-"P'l"~-ded--t-ha-~-~ae_~ pesticide or device saa1:l, 
may not be sold contrary to the provisions of this subchapter or 
re~~1:atieB6---aEl9~teEl---&aeFe~RE1eF 
rules 
adopted 
under 
this 
subchapter. Y~eB-~aymeBt-B~-€~~~-~~-~~~~~~Fy-9f-a 
~eeE1-aBEl-~~~~4€4€£~-~~-t~~-t~~-~&&iG~-9F-Eleviee 
sRall--aG&-~-~~-~--~B~aw~~~~Y7--~ae When 
a 
decree 
of 
condemnation is entered against a pesticide or device, the court 
shall charge court costs. fees. storage and other proper expenses 
against 
the 
person. 
if 
any, 
appearing 
as 
claimant 
of 
the 
pesticide. 
The court may direct that the pesticide or device be 
delivered 
to 
the 
owner 
saeFee~. 
upon 
payment 
of 
costs 
and 
execution and delivery of a good and sufficient bond conditioned 
on the pesticide or device not being disposed of unlawfully. for 
relabeling, reprocessing or otherwise bringing the product into 
compliance. 
• 
L 
~Y---AwaFQ-~~-~~-~~-~-~ee6Y---WheR--a--QeeFee--9~ 
e9RQemRa~i9R-~~-eR~eFea-~i~--~ae-~~~~-9F-~~,--e9QF~ 
e9s~Sr-~~-~~~-aRa-~~-~~r-eH~eRses-~~-~-awaFaea 
a~aiRs~--~ae--~e~£e£7--~~--~--~~~-~-~~imaa&--9f--~ae 
~es~ieiaeT 
Sec. 14. 7 MRSA §614, as amended by PL 1989, c. 878, Pt. E, 
§13 and PL 1999, c. 
547, Pt. 
B, 
§78 and affected by §80, is 
repealed. 
Sec. 15. 7 MRSA §616. as repealed by PL 1989, c. 841, §2 and 
amended by c. 878, Pt. E, §15, is repealed. 
Sec. 16. 7 MRSA §616-A, sub-§l, as enacted by PL 1989, c. 841, 
§3, is amended to read: 
1. 
Informal hearing. 
When the staff of the board proposes 
that the board take action on a possible violation, the board 
shall notify the alleged violator before discussing the alleged 
violation. 
The alleged violator may choose to address the board 
and may also choose to be represented by legal counsel. 
This 
requirement does not constitute and is not subject to the same 
procedures as an adjudicatory hearingr-as-aefiRea under the Maine 
Administrative Procedure Act. 
Sec. 17. 7 MRSA §617. as amended by PL 1989, c. 878, Pt. E, 
§16, is further amended to read: 
§6l7. Exemptions 
1. 
Exemptions from penalties. 
The penalties provided for 
violations of section 606, subsection 1, paragraphs A, 
B, 
C, 
D 
and E saa±± do not apply to: 
A. 
Any carrier while lawfully engaged in transporting a 
pesticide within this Stater if SQea ~ 
carrier saa±±, upon 
request, 
~eFmi~ permits 
the 
board 
to 
copy all 
records 
showing the transactions in and movement of the pesticides 
or devices; 
B. 
Public 
officials 
of 
this 
State 
and 
the 
Federal 
Government 
while 
engaged 
in 
the 
performance 
of 
their 
official duties in administering state or federal pesticide 
laws or regulations; 
C. 
The manufacturer, 
shipper or other distributor of a 
pesticide for experimental use only, 
provided that 
sQea 
person holds or is covered by a valid experimental use 
permit as-~~9yiaea-~~-~~~-~~S-9F issued by EPA, and 
provided further that s~eR the permit covers the conduct in 
question; or 
D. 
Any 
person 
who 
ships 
a 
substance 
or 
mixture 
of 
substances being put through tests ia-WRi€R the purpose of 
which is only to determine its th~ value of the substance or 
mixture for pesticide purposes or to determine its toxicity 
or other properties and from the use of which the user does 
not expect to receive any benefit in pest control 
~~em-it.s 
~se. 
2. 
Exemption from this subchapter; pesticides for export. 
We A pes~icide or device sRall-ee-aeemea may not be found to be 
in violation... of this subchapter wRea if the pesticide or device 
II intended solely for export to a foreign countrYT and WRea is 
prepared or packed according to the specifications or directions 
of the purchaser. If the pesticide or device is not so exported, 
all the provisions of this subchapter SRa±± apply. 
Sec. 18. 7 MRSA §618. as amended by PL 1989, c. 878, Pt. E, 
§17, is further amended to read: 
§6l8. Publication of information 
The board may publishL at least annually and in such form as 
it may--aeem determines proper, 
results of analyses based on 
off icial 
sampl es 
as 
compared 
wi th 
the 
guaranteed 
analyses 
~\:la~aateea 
and 
information 
concerning 
the 
distribution 
of 
pesticidesT-¥~-<led--tRat. The board may not publish individual 
distribution information sRa±l--no-t--ae, and that information is 
not a public record under Title 1, section 402. 
I 
Sec. 19. 7 MRSA §619, as amended by PL 1989, c. 878, Pt. E, 
§18, is further amended to read: 
§6l9. Delegation of duties 
All 
authority 
vested 
in 
the 
board 
eY--¥~~~~-~~--F-Re 
pFevisie~s--e~ under this subchapter may, 
with like force and 
effort, be executed by s~eR employees of the board as to whom the 
board may from time to time 
eesi~aat.e--'f-€>-r---s-a-i4-p~Fpese delegates 
such authority. 
Sec. 20. 7 MRSA §620, first 1[, as amended by PL 1989, c. 878, 
Pt. E, §19, is further amended to read: 
The board may cooperate with, receive grants-in-aid from and 
enter into cooperative agreements with any agency of the Federal 
Government T or of this State or its subdivisions, or with any 
l' 
t. 
agency of another state, in order to implement this subchapter, 
including but not limited T to taking such actions to: 
Sec. 21. 7 MRSA §621, as amended by PL 1993, c. 410, Pt. S, 
§2, is further amended to read: 
§621. Disposition of funds 
All money received by the board under ~se-p~evisieBs-ef this 
subchapter must be deposited in the State Treasury to the credit 
of a special fund to be used for carrying out the provisions of 
this subchapter and Title 22, chapter 258-A, Board of Pesticides 
Control..... and for such other expenses related to insect and pest 
management as provided by law. 
positions that are allocated to 
the fund but that do not perform functions specifically assigned 
to the board in this subchapter and Title 22, 
chapter 258-A 
remain under supervision and management of the Department of 
Agriculture, Food and Rural Resources. 
Sec. 22. 7 MRSA §622. as enacted by PL 1975, c. 382, §3, is 
repealed. 
Sec. 23. 7 MRSA §623. as amended by PL 1977, c. 78, §25, is 
further amended to read: 
§623. Prior liability 
The enactment of this subchapter Bsall ~ 
not have the 
effect of terminating or in any way modifying any liability, 
civil or criminal, wsieR-6sall-al~eaeY-Be in existence on October 
1, 1975. 
Sec. 24. 7 MRSA §625. as enacted by PL 1989, c. 702, §l, is 
amended to read: 
§625. Right-of-way spraying; no-spray agreements 
Any public utility..... or the Department of Transportation, 
wsies ~ 
maintains a right-of-way through a municipality shall 
offer a no-spray agreement, with reasonable provisions, for the 
municipality to consider if it desires. 
Any agreement negotiated 
may include, but is not limited to, the responsibilities of the 
parties, the allocation of costs and the rights and remedies of 
the parties in the event of default and may apply to all or any 
part of the right-of-way within the municipality. 
Any agreement 
reached under this section must be negotiated in good faith, 
written and signed by all parties. 
As part of the no-spray 
agreement, 
the municipality may either perform the vegetation 
control work to standards as provided in the agreement T or else 
contract 
with 
the 
public 
utility 
Transportation to conduct the work. 
or 
the 
Department 
of 
If 
a 
reasonable 
no-spray 
agreement 
is 
offered 
to 
a 
municipality and an agreement is not reached within 90 days after 
the date of the offer, the public utility or the Department of 
Transportation at its own option may apply pesticides in EHe its 
right-of-way 
~Rae~--iES--}~FisaieEieR or 
use other methods 
to 
control the vegetation. 
If the municipality agrees to perform 
vegetation 
control 
work r 
but 
does 
not 
perform 
it 
by 
the 
agreed-upon 
date, 
the 
public 
utility 
or 
the 
Department 
of 
Transportation, 
after 
aays 
days' 
written 
notice 
to 
the 
municipality, at its own option may apply pesticides in EHe its 
right-of-way 
~Rae~--i~s--~~i&Gie~ieRr or use other methods to 
control the vegetation. 
It is the intent of the Legislature that this section Ee 
make available to municipalities an alternative to right-of-way 
maintenance procedures wHieh .t.hM use pesticides. 
This section 
does not affect municipal authority to enact ordinances nor the 
authority of public utilities or the Department of Transportation 
to maintain its right-of-way clear of unwanted vegetation in the 
absence of an agreement. 
Sec. 25. Rules. 
Nothing in this Act repeals or 
repeal or substantively affect any rules of the 
Agriculture, 
Food 
and 
Rural 
Resources, 
Board 
Control in effect on the effective date of this Act. 
SUMMARY 
is intended to 
Department of 
of 
Pesticides 
This 
bill, 
which 
is 
submitted 
by 
the 
Department 
of 
Agriculture, 
Food 
and Rural 
Resources pursuant to Public 
Law 
2005, chapter 382, Part G, section 1, makes changes to the laws 
governing pesticide control. 
Many of the changes are technical 
or organizational changes to make the laws read more clearly or 
to 
update 
language. 
This bill also 
makes 
these substantive 
changes: 
1. 
It repeals the Maine Revised Statutes, Title 7, section 
607-A, 
which 
requires 
the 
Board 
of 
Pesticides 
Control 
to 
undertake a risk assessment for all pesticides used in the State; 
and 
for 
the 
2. 
It modifies Title 7, section 609 relating to procedures 
registering, canceling or suspending registrations to make 
language consistent with the board's actual practices. 
\