An Act To Require a Commercial Applicator's License To Use Pesticides in Food-handling Establishments
Maine Legislature, Session 123, LD 0861
Committee Amendment CA_A_H318 (House)
Amends: 22 MRSA §1471-C, 22 MRSA §1471-D

COMMITTEE AMENDMENT "A" to H.P. 650, L.D. 861, Bill, "An Act To 
Require a Commercial Applicator's License To Use Pesticides in Food-handling 
Establishments" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Require a Commercial Applicator's License To Use Pesticides in 
Licensed Food and Eating Establishments' 
Amend the bill by inserting before section 1 the following: 
'Sec. 1. 22 MRSA §1471-C, sub-§5, as amended by PL 1987, c. 243, §l, is 
further amended to read: 
5. Commercial applicator. "Commercial applicator" means any person, except a 
government pesticide supervisor, whether or not the person is a private applicator with 
respect to some uses, who uses or supervises the use of any limited or restricted-use 
pesticides on any property other than as provided by subsection 22, or who uses general-
use pesticides in custom application on such property. "Commercial applicator" also 
includes individuals who apply any pesticides in connection with their duties as officials 
or employees of federal, state or local governments. The Board m~' By rule flroyide for 
exemfltiofls from Iieeflsiflg reql:liremeflts afld for redl:leed Iieeflsiflg reql:liremeflts for 
elasses of eommereial applieators of gefleral I:lse pestieides applied By haRd or 
floflflowered eql:lipmeflt, provided that the Board fiflds that aflplieatiofls By those elasses 
do flOt flose a signifieant risk to health or the eflviroflmeflt afld the reql:liremeflt of 
Iieeflsiflg does flOt serve a meafliflgful pl:lBlie flI:lFflose.' 
Amend the bill in section 1 by striking out all of subsection 5-A (page 1, lines 4 to 7 
in L.D.) and inserting the following: 
COMMITTEE AMENDMENT 
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, 
COMMITTEE AMENDMENT A" to H.P. 650, L.D. 861 
'5-A. Custom application. "Custom application" means ftftY an application of flAY ~ 
pesticide under eontraet or for v.4:iieh eOH'lpensation is reeeived or any applieation of a 
pestieide to a proporty open to use by the pl:lblie.~ 
( 
A. Under contract or for which compensation is received; 
B. To a property open to use by the public; or 
C. In a food establishment licensed under chapter 551 or an eating establishment 
licensed under chapter 562, except that "custom application" does not include a 
pesticides application at a licensed food or eating establishment when: 
(1) 
The establishment is ancillary to the production of an agricultural 
commodity; 
(2) The owner or an employee of that establishment is certified as a private 
applicator under section 1471-D, subsection 2; and 
(3) The property is not open to the public.' 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 22 MRSA §1471-D, suh-§2-C is enacted to read: 
2-C. Exemptions or reduced licensing requirements for certain commercial or 
custom applications. The board may by rule provide for exemptions from licensing 
requirements and for reduced licensing requirements for classes of commercial 
applicators of general-use pesticides applied by hand or nonpowered equipment if the 
board finds that applications by those classes do not pose a significant risk to health or the 
environment and the requirement of licensing does not serve a meaningful public 
purpose. 
Notwithstanding Title 7, section 610, subsection 6, rules adopted pursuant to this section 
to provide exemptions from licensing or reduced licensing requirements are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 3. Directive to amend rules known as the Maine Food Code. Within 
days of the effective date of this Act, the Department of Agriculture, Food and Rural 
Resources and the Department of Health and Human Services shall amend the rules 
adopted by those departments under the Maine Revised Statutes, Title 22, chapters 551 
and 562, respectively, and known as the Maine Food Code, to reflect the statutory 
restrictions on pesticides applications imposed by this Act.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment is the majority report of the committee. The minority report is 
Ought Not To Pass. 
It clarifies that only food establishments and eating establishments required to be 
licensed are being required to use a commercial applicator for pesticides in nonpublic 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,A .. to H.P. 650, L.D. 861 
areas. It uses existing statutory definitions for "food establishment" and "eating 
establishment." It clarifies that the State Board of Pesticides Control's rules to provide 
exemptions or reduced licensing requirements for certain applications are routine 
technical rules. 
It directs the departments with licensing authority and( inspection 
responsibilities for food establishments and eating establishments to amend their rules to 
reflect these changes. 
It provides an exception to the requirement that pesticides be applied by a 
commercial applicator when the licensed establishment is ancillary to an agricultural 
business, the owner or an employee of the establishment is certified as a private 
applicator and the pesticides are not being applied in an area open to the public. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/22/07 frac. 
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LD861 
LR 728(02) 
An Act To Require a Commercial Applicator's License To Use Pesticides in Food-handling 
Establishments 
Fiscal Note for Bill as Amended by Committee Amendment ,A " 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
LR0728(02) - Fiscal Note - Page 1 of 1