An Act To Designate Certain Rules Proposed by the Board of Pesticides Control as Major Substantive Rules
Maine Legislature, Session 123, LD 2190
Amends: 7 MRSA §604, 7 MRSA §610

Legislative Document 
No. 2190 
H.P.1560 
House of Representatives, February 5,2008 
An Act To Designate Certain Rules Proposed by the Board of 
Pesticides Control as Major Substantive Rules 
(EMERGENCY) 
Reported by Representative PIEH of Bremen for the Joint Standing Committee on 
Agriculture, Conservation and Forestry pursuant to the Maine Revised Statutes, Title 7, section 
610, subsection 5. 
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MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the rule-making authority of the Department of Agriculture, Food and 
Rural Resources, Board of Pesticides Control is essential to ensuring the benefits derived 
from proper use of pesticides while safeguarding public health; and 
Whereas, designation of certain rules as major substantive rules enhances that 
assurance; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §604, sub-§25-A is enacted to read: 
2S-A. 
Plant-incorporated protectant. 
"Plant-incorporated protectant" means a 
pesticidal substance that is produced and used in a living plant through genetic 
engineering and the genetic material necessary for the production of the pesticidal 
substance. 
Sec. 2. 7 MRSA §610, sub-§6, as enacted by PL 2007, c. 145, §1, is amended to 
read: 
6. Major substantive rules. Rules proposed for adoption by the board after July 1, 
2007 that pertain to topics specified in paragraphs A to E are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. Rules in effect on July 1, 2007 that 
pertain to topics specified in paragraphs A to E continue in effect, except that proposed 
amendments to those rules are major substantive rules and must be reviewed and 
approved prior to final adoption in accordance with Title 5, section 8072. Rules proposed 
for adoption by the board after March 1, 2008 that pertain to topics specified in 
paragraphs F and G are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A. Rules in effect on March 1, 2008 that pertain to topics specified in 
paragraph G continue in effect, except that proposed amendments to those rules are major 
substantive rules and must be reviewed and approved prior to final adoption In 
accordance with Title 5, section 8072. Topics governed by this subsection are: 
A. Drift from outside spraying; 
B. Notification requirements for outside spraying; 
C. Pesticides applications in occupied buildings; 
D. A notification registry for indoor applications of pesticides; aOO 
E. Buffers from shorelines for broadcast applications of pesticides7~ 
F. Use of organophosphate pesticides adjacent to occupied areas; and 
G. Distribution and use of plant-incorporated protectants. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill is the report of the Joint Standing Committee on Agriculture, Conservation 
and Forestry pursuant to the Maine Revised Statutes, Title 7, section 610, subsection 5. It 
designates proposed rules that pertain to the use of organophosphate pesticides adjacent 
to occupied areas or distribution and use of plant-incorporated protectants as major 
substantive rules. 
It provides for rules pertaining to plant-incorporated protectants in 
effect on March 1, 2008 to remain in effect but designates amendments to those rules as 
major substantive rules. 
FISCAL .\OTL IUVL IRED 
(Sec attached) 
Approved: 01/29/08 frac 
LD JI,{O 
LR 3474(01) 
An Act To Designate Certain Rules Proposed by the Board of Pesticides Control as Major Substantive 
Rules 
'is cal Detail and Notes 
Fiscal Note for Committee Bill 
Committee: Agriculture, Conservation and Energy 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs associated with rule-making can be absorbed by the Department of Agriculture within existing 
budgeted resources.