Resolve, Regarding Legislative Review of POIiions of Chapter 22: Standards for Outdoor Application of Pesticides by Powered Equipment in Order To Minimize Off-target Deposition, a Major Substantive Rule of the DepaIiment of Agriculture, Food and Rural Resources, Board of Pesticides Control
Maine Legislature, Session 124, LD 0494
Committee Amendment CA_A_H508 (House)
Committee: Agriculture

COMMITTEE AMENDMENT" A" to H.P. 349, L.D. 494, "Resolve, Regarding 
Legislative Review of POIiions of Chapter 22: 
Standards for Outdoor Application of 
Pesticides by Powered Equipment in Order To Minimize Off-target Deposition, a Major 
Substantive Rule of the DepaIiment of Agriculture, Food and Rural Resources, Board of 
Pesticides Control" 
Amend the resolve in section I in the last line (page 1, line 19 in L.D.) by striking out 
the following: "authorized." and inserting the following: 
'authorized but only if the following revisions are made: 
1. The provision that a detectable pesticide residue in a sensitive area likely to be 
occupied is considered prima facie evidence that pesticides were not applied in a manner 
to minimize pesticide drift is removed and replaced with a provision that pesticide 
residues in a sensitive area likely to be occupied that are I % or greater of the intended 
residue in the target area is prima facie evidence that the applicator did not apply the 
pesticides in a manner to minimize pesticide drift to the maximum extent practicable; 
2. The language regarding prima facie evidence is rewritten to clarify that detection 
of residue is not prima facie evidence of a violation but rather evidence that the 
application was not conducted in a manner to minimize drift to the maximum extent 
practicable. The board must review the site-specific application checklist completed by 
the applicator and other relevant information to determine if a violation has occurred; 
3. Specific distances for buffer zones must be removed from the rule, allowing site-
specific buffer zones to be used; and 
4. That section of the rule that establishes documentation of human illness as a 
standard of harm must be revised to state that for this standard to be met the board must 
receive verification from 2 physicians that an individual has experienced a negative 
health effect from exposure to an applied pesticide and that the effect is consistent with 
epidemiological documentation of human sensitivity to the applied pesticide. 
The Board of Pesticides Control is not required to hold hearings or conduct other 
formal proceedings prior to finally adopting the rule in accordance with this resolve.' 
COMMITTEE AMENDMENT 
A 
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COMMITTEE AMENDMENT "/J( to H.P. 349, L.D. 494 
SUMMARY 
This amendment is the majority repoli of the Joint Standing Committee on 
Agriculture, Conservation and Forestry. It authorizes final adoption of Chapter 22 of the 
Board of Pesticides Control's rules, but only if specific revisions are made. 
. FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Revised: 06/01/09 frac.. 
LD 494 
LR 1897(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 22: Standards for Outdoor kpplication 
of Pesticides by Powered Equipment in Order To Minimize Off-target Deposition, a Major 
Substantive Rule of the Department of Agriculture, Food and Rural Res'ources, Board of Pesticides 
Control 
II 
Fiscal Note for Bill as Amended by Committee Amendment '71" 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Department of Agriculture, Food and Rural Resources associated with rulemaking can be 
absorbed within existing budgeted resources. 
LRI897(02) - Fiscal Note - Page I of I