An Act To Require Citizen Notification of Pesticide Applications Using Aerial Spray or Air-carrier Application Equipment
Maine Legislature, Session 124, LD 1293
Sponsors: BERRY, DAMON, BLODGETT, LEGG, MILLER, PINGREE
Amends: 22 MRSA §1471-Y, 22 MRSA §1471-Z

FIRST P~GULAR SESSION-2009 
Legislative ][)ocument 
No. n93 
H.P.896 
, House of Representatives, March 31, 2009 
An Act To Require Citizen Notification of Pesticide Applications 
Using Aerial Spray or Air-carrier Application Equipment 
Reference to the Committee on Agliculture, Cons~rvation and Forestry suggested and 
ordered pril1ted. 
Presented by Representative BERRY of Bowdoinham. 
Cosponsored by Senator,DAMON of Hancock and 
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1J1.1J?d.C~{ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BLODGETT of Augusta, LEGG of Kennebunk, McCABE of Skowhegan, 
MILLER of Somerville, -PERCY of Phippsburg, Speaker PINGREE of North Haven, PlOTT! 
ofUnity~ SCHATZ of Blue Hill. 
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Printed on recycled prlper 
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Be it enacted by the People of tbe State of Maine as follows: 
Sec. 1. 22 MRSA §1471-Y is enacted to read: 
§1471-Y. Notification of outdoor pesticides application using aircraft or air-carrier 
equipment. 
A land manager may not apply pesticides u'sing aircraft or air-carrier equipment 
unless the notification requirements of this section are met. 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Air-carrier equipment" means equipment that uses a mechanically generated 
airstream to propel the spray droplets. 
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B. "Land manager" means the owner of the land, a person leasing the land, or a 
person, firm, company or other legal entity designated by the owner to manage the 
land, vegetation on the land or pests occurring on the land. 
C. "Neighbor" means an owner, lessee or occupant of a property that abuts or lies. 
within 1,320 feet of an area. 
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2. Mandatory notification. A land manager intending to conduct application of 
pesticides using aircraft or air-carrier . equipment shall annually provide written 
notification to neighbors at least 90 days prior to the first date of pesticides application. 
The notification must include: 
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A. A general description of the method of application that is likely to occur; 
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B. 
The. pesticides application schedule and circumstances under which· the 
application is likely to take place; and 
C. The commercial and scientific names of pesticides likely to be applied .. 
3. Obligations to provide information. A. land manager intending to conduct an 
outdoor application· of pesticides using aircraft or air-carrier equipment shall access the 
registlY of citizens under section 1471-Z to.determine any neighbors on the registry of 
citizens and shall provide those neighbors with notification at least 24 hours but not more 
than 7 days in advance of the application of: 
A. The date and approximate time of application; 
B. The type of equipment to be used and the manner in which the pesticides will be 
applied; 
C. 
The commercial and scientific names and the United States Environmental 
Protection Agency's registration numbers for the pesticides to be used. and, upon 
request, the material safety data sheets for the pesticides or copies of pesticides 
labels; and 
D. Contact information for the land manager. 
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4. Records maintained. A land· manager shall maintain records of comrnunications 
with neighbors regarding an'outdoor application of pesticides using aircraft or air-carrier 
equipment and the dates and means by which the notification required under subsec.tion 2 
was -provided. The board shall supply forms for recording this information and the land 
manager shall use these forms. 
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5. Awareness of the opt-in registry. A land manager subject to the requirements of 
subsections 2 and 4 shall inform neighbors of their right to participate in the registry of 
citizens developed and maintained by the board under section 1471-Z. 
Sec. 2. 22 MRSA §1471-Z is enacted to read: 
§1471-Z. Registry of citizensrequestine additional information 
The board shall develop and maintain a registry of residents and property owners in 
the State who request to be placed on a registry for the purpose of receiving information 
on the outdoor application of pesticides using aircraft or air-carrier equipment in addition 
-to the information required under section 1471-Y. 
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1. Development of a registry of citizens. The board shall solicit participation in a 
. registry of citizens through newspaper articles, public notices distributed to municipal 
offices and a notice posted on the board's publicly accessible website. To be placed on 
the registry, a, person must submit to the board, using a form provided on the board's 
publicly accessible website or a paper copy provided by the board upon request, the 
following information: 
A. The person's full name; 
B. The person's telephone number; 
C. The location of the property owned, leased or occupied by the person registering. 
The location must be described in sufficient detail to be located on a 7.5 or 15 minute 
series topographical map produced by the United States Geological Surveyor a map 
of equivalent or-superior detail; and 
D. The person's mailing address. 
Any resident, owner or lessee of property in the State is entitled to be placed on the 
registry of citizens. A fee may not be charged to register. Persons remain on the registry 
until they notify the board in writing that they want to be removed from the registry or 
until the board staff determines that the contact is no longer valid. 
SUMMARY 
This bill requires land managers to notify neighbors prior to the application of 
pesticides using aircraft or air-carrier equipment. 
It requires the Department of 
Agriculture, Food and Rural Resources, Board of Pesticides Control to establish a registry 
of citizens for persons desiring additional information when pesticides are being applied 
using aircraft or air-carrier equipment within 1,320 feet of land owned, leased or resided 
upon by those persons. 
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