An Act To Establish a Revenue Source for the Maine Pesticide Education Fund
Maine Legislature, Session 124, LD 1239
Committee: Agriculture, Conservation and Forestry
Sponsors: BLANCHARD, SCHNEIDER, ADAMS, CRAY, FLETCHER, HOGAN, THIBODEAU, WAGNER

FIRST P~GULAR SESSIOl"~-2009 
Legislative Document 
No. 1239. 
H.P.858 
House of Representatives, March 30, 2009 
An Act To Establish a Revenue Source for the Maine Pesticide 
Education Fund 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
Presented by Representative BLANCHARD of Old Town. 
Cosponsored by Senator SCHNEIDER of Penobscot and 
17l~ 
1/1. m!!C:1dwu~l 
MILLICENT M. MacFARLAND 
. 
Clerk 
Representatives: ADAMS of Portland, CRAY of Palmyra, FLETCHER of Winslow, HOGAN 
of Old Orchard Beach, THIBODEAU of Winterport, WAGNER of Lyman. 
Printed on recycled puper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRS A §2421, as enacted by PL 2007, c. 302, § 1, is amended to read: 
§2421. Fund established 
The Maine Pesticide Education Fund, referred to in' this chapter as "the fund," is 
established. The fund consists of any funds received as contributions from private and . 
public sources and the pesticide education fee imposed pursuant to Title 36, section 4811. 
The fund, to be accounted within the department, must be held separate and apart from all 
other money, funds and accounts. Eligible investment earnings credited to the assets of 
the fund become part of the assets of the fund. A,ny balance remaining in the fund at the 
end of any fiscal year must be carried forward to the next fiscal year. 
Sec. 2. 36 MRSA c. 717-A is enacted to read: 
CHAPTER 717-A 
PESTICIDE EDUCATION FEE 
§4811. Pesticide education fee 
1. Definitions. As used i'n this chapter, uri less the context otherwise indicates, the 
following terms have the following meanings. 
A. "Consumer container of pesticides" means a container of pesticides intended for 
consumer use as defined by rule by the Board of Pesticides Control. The rules must 
exclude any container labeled for agricultural, industrial or commercial' use only. 
The rules must also exclude any container of paint, stain or wood preservative 
bearing a federal Environmental Protection Agency pesticide product registration 
number. 
B. "Pesticides" has the same meaning as in Title 22, section 1471-C. 
2. 
Imposition. 
Beginning January 1, 2010, a fee ,of 15¢ is imposed on each 
consumer container of pesticides sold at retail in this State. The State Tax Assessor, in 
consultation with the Integrated Pest Management Council established in Title 7, section 
2404 arid the Board of Pesticides Control established in Title 22, chapter 258-A, shall 
establish by rule procedures to implement this section. 
' 
3. Collection and payment. The fee under subsection 2 must be collected by a retail 
seller at the time of sale and paid to the State Tax Assessor, in accordance with rules 
established by the State Tax Assessor, at the same time as sales taxes are reported and 
paid pursuant to chapter 219. 
. 
4. 
Proceeds. 
The State Tax ASsessor shall' annually account for the cost of 
implementing this section and may deduct that amount from gross collections under this 
section and apply that amount to reimburse the State Tax Assessor. The State' Tax 
Assessor shall, on a quarterly basis, provide the net amount of collections under this 
section to the Maine Pesticide Education Fund established under Title 7, chapter 415. 
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5. Rules. 
Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
. SUMMARY 
This bill establishes a 15¢ per container fee on the retail sale of pesticides. The 
proceeds of the fee are deposited in the Maine Pesticide Education Fund, which is used to 
fund the Integrated Pest Management Fund, the Board of Pesticides Control and the 
University of Maine Cooperative Extension for pest management education programs.