An Act To Reestablish the Pesticide Notification Registry
Maine Legislature, Session 129, LD 0101
Committee: Agriculture, Conservation and Forestry
Sponsors: PLUECKER, DENK, GRAMLICH, HEPLER, INGWERSEN, O'NEIL, PEBWORTH, RECKITT

Legislative Document
No. 101
H.P. 87
House of Representatives, January 15, 2019
An Act To Reestablish the Pesticide Notification Registry
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PLUECKER of Warren.
Cosponsored by Representatives: DENK of Kennebunk, GRAMLICH of Old Orchard Beach, 
HEPLER of Woolwich, INGWERSEN of Arundel, O'NEIL of Saco, PEBWORTH of Blue 
Hill, RECKITT of South Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §§1471-CC and 1471-DD are enacted to read:
§1471-CC.  Registry of property requiring notification for pesticides applications
The board shall develop and maintain a registry of the properties of residents, lessees 
and property owners in the State who request that their properties be placed on a registry 
in order that the residents, lessees and owners receive advance notification of the outdoor 
application of pesticides.
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Air-carrier equipment" means any application equipment that uses a 
mechanically generated airstream to propel spray droplets.  "Air-carrier equipment" 
does not include backpack sprayers or air-assisted application equipment in which the 
airstream is directed downward into the target canopy.
B.  "Land manager" means the owner of the land upon which pesticides are to be 
applied, a person leasing the land or a person, firm, company or other legal entity 
designated by the lessee or owner to manage the land, vegetation on the land or pests 
occurring on the land.
2.  Development of registry.  The board shall solicit participation in the registry 
through newspaper articles, public notices distributed to municipal offices and a notice 
posted on the board's publicly accessible website.  For a property 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 of the form, which must be provided by the board 
upon request, the following information:
A.  The person's full name;
B.  The person's telephone number;
C.  The physical location of the property being registered, including the street address 
if available. If a street address is not available, longitude and latitude coordinates or a 
description of the property in sufficient detail to be located on a 7.5-minute or 
15-minute series topographical map must be provided;
D.  The person's mailing address;
E.  The person's e-mail address if available; and
F.  The person's preferred means of notification.
Any resident, lessee or owner of property in the State is entitled to have that property 
placed on the registry. A fee may not be charged to register. Property must remain on the 
registry until the resident, lessee or owner notifies the board in writing that the property is 
to be removed from the registry or until the board staff determines that the contact is no 
longer valid.
3.  Obligations to provide information to people on registry.  A land manager 
intending to conduct an outdoor application of pesticides using aircraft or air-carrier 
equipment shall access the registry to identify any person entitled to notification under 
subsection 4 and, except as provided in subsections 6 and 7, shall provide that person 
with notification no later than the day before and no earlier than 7 days before the day of 
the application. The notification must include:
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 brand names and the United States Environmental Protection Agency's 
registration numbers for the pesticides to be used;
D.  Contact information for the land manager; and
E.  The location of the property that the land manager intends to spray.
Upon the request of a person receiving notification under this subsection, a land manager 
shall provide the material safety data sheets for the pesticides being used or copies of the 
pesticides labels. A land manager is not required to postpone an application pending 
delivery of the requested information.
4.  Criteria requiring notification.  A land manager is required to notify a person 
whose property is on the registry if the pesticides are being applied using aircraft or air-
carrier equipment and the registered property lies within 1,320 feet of the intended spray 
area.
5.  Means of notification.  A land manager conducting or contracting for a pesticides 
application using aircraft or air-carrier equipment shall make a good faith effort to convey 
the information required in subsection 3.  Acceptable means of notification include:
A.  Personal delivery of notification;
B.  Mailing of notification through the United States Postal Service;
C.  Electronic mailing of notification;
D.  Telephone calls, either personal or automated; or
E.  Other means determined acceptable by the board.
6.  Delayed notification acceptable.  A land manager using integrated pest 
management, as defined in Title 7, section 2401, may provide the information required 
under subsection 3, paragraphs A to D on the day of the application but prior to the 
application when an immediate threat to a crop arises and a delay would:
A.   Result in significantly greater crop damage; or
B.  Necessitate a more extensive application of pesticides or use of more toxic 
pesticides.
A land manager providing delayed notification under this subsection shall inform the 
board no later than 10 days after the application of the circumstances necessitating the 
application and provide any other information required in rules adopted under subsection 
9.
7.  Waiver for public health emergencies and pest outbreaks that threaten severe 
economic or natural resource loss.  The board may waive notification requirements 
under subsection 3 in the event of a pest management emergency declared by the 
Governor, the commissioner or the Commissioner of Agriculture, Conservation and 
Forestry.
8.  Records maintained.  The board shall require a land manager to maintain records 
sufficient to determine compliance with this section. The board shall establish record-
keeping requirements through rulemaking under subsection 9.
9.  Rulemaking.  The board shall adopt rules to implement this section. The rules 
may provide additional means of identifying property registered under subsection 2 and 
alternate means of providing notification under subsection 3.  Rules adopted under this 
subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
§1471-DD.  Awareness of outdoor pesticides applications; role of the board
1.  Public awareness.  The board shall increase awareness of the registry established 
under section 1471-CC using newspapers, public notices distributed to municipal offices 
and notices posted on the board's publicly accessible website and through cooperative 
efforts with other state agencies and private organizations.
2.  Acceptance of funds.  The board may accept gifts, donations, grants and 
matching funds from any private or public source for the purposes of administering the 
pesticides notification registry established under section 1471-CC.  These funds may be 
used to publicize the registry, develop efficient mechanisms for land managers to access 
the registry and promote compliance.  The board shall deposit all funds accepted for these 
purposes with the Treasurer of State to be credited to the board's special fund under Title 
7, section 621.  Any gift, donation, grant or matching funds accepted with a stipulated 
purpose may be used only for that purpose.
SUMMARY
This bill reestablishes the law, which was repealed by Public Law 2011, chapter 332, 
governing the development and maintenance of a registry of the properties of residents, 
lessees and property owners who request that their properties be placed on a registry in 
order that they receive advance notification of the outdoor application of pesticides near 
their properties.