An Act ,To Collect Pesticide Sales and Use Records for the Purpose of Providing Information to the Public
Maine Legislature, Session 130, LD 2021
Committee Amendment CA_A_S526 (Senate)
Amends: 7 MRSA §607, 22 MRSA §1471-G, 22 MRSA §1471-X, 22 MRSA §1471-C

COM11ITTEE AMENDMENT " A " to S.P. 731, L.D. 2021, "An Act ,To Collect 
Pesticide Sales and Use Records for the Purpose of Providing Information to the Public" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 7 MRSA §607, sub-§2, ,r.B, as enacted by PL 1975, c. 382, §3, is amended 
to read: 
B. The name of the pesticidet and information about the pesticide available to the 
applicant at the time of registration, including, but not limited to: 
(1) The pounds of active ingredients per gallon of liquid formulations of the 
pesticide or pounds of desiccated pesticide applied in dry form: 
(2) The brand name of the pesticide: 
(3) The expected type of use of the pesticide described in a manner specified by 
the board: and 
( 4) Information on the pesticide product label that describes the acute toxicity of 
the formulated pesticide product or other toxicity data specified by the board: 
Sec. 2. 22 MRSA §1471-G, sub-§3 is enacted to read: 
3. Confidentiality. Information collected by the board under this section is public, 
except that the following information is confidential: 
A. The name of the commercial applicator: 
B. Identifying information of the commercial applicator or the business that employs 
the commercial applicator: and 
C. The location of the application of pesticide. 
Summary reports that use aggregate data that do not reveal the activities of an individual 
person or business are public records as defined in Title 1, section 402, subsection 3. 
Sec. 3. 22 MRSA §1471-X, as enacted by PL 1997, c. 389, §2, is amended to read: 
COMMITTEE AMENDMENT 
~s 
COMMITTEE AMENDMENT" (t "to S.P. 731, L.D. 2021 ( S-52--C) 
§1471-X. 
State policy; public and private initiatives to minimize reliance on 
pesticides; report 
It is the policy of the State to work to find ways to use the minimum amount of 
pesticides needed to effectively control targeted pests in all areas of application. The 
agencies of the State involved in the regulation or use of pesticides shall promote the 
principles and the implementation of integrated pest management and other science-based 
technology to minimize reliance on pesticides while recognizing that outbreaks of disease, 
insects and other pests will necessitate fluctuations in pesticide use. These agencies, in 
cooperation with private interest groups, shall work to educate pesticide users and the 
general public in the proper use of pesticides and to determine other actions needed to 
accomplish the state policy. The board shall submit an annual report by March 1st of each 
year to the joint standing committee of the Legislature having jurisdiction over agriculture, 
conservation and forestry matters, the joint standing committee of the Legislature having 
jurisdiction over health and human services matters, the ioint standing committee of the 
Legislature having jurisdiction over environment and natural resources matters and the 
joint standing committee of the Legislature having jurisdiction over innovation, 
development, economic advancement and business matters on developments and progress 
made to carry out the purposes of this section. 
Sec. 4. 22 MRSA §1471-CC is enacted to read: 
§1471-CC. Pesticide sales and use database 
1. Pesticide sales and use database. The board, in consultation with the Department 
of Administrative and Financial Services, Office ofinformation Technology, shall develop 
and administer a comprehensive online pesticide sales and use database for documenting 
and quantifying pesticide sales, distribution and application in the State by licensed general 
use pesticide dealers, pesticide dealers and certified applicators using information reported 
under sections 1471-G and 1471-W. 
2. General use pesticide dealers and pesticide dealers. Beginning January 1, 2023, 
a general use pesticide dealer licensed under section 14 71-W and a pesticide dealer licensed 
under 14 71-D shall maintain a record of sale or distribution of a pesticide sold or distributed 
in this State. Beginning February 15, 2023 and every month thereafter, a general use 
pesticide dealer and a pesticide dealer shall submit to the board's online pesticide sales and 
use database developed under subsection 1 a report of all sales and distributions of 
pesticides in this State made by the dealer for the preceding month. 
3. Applicators. Beginning January L 2023. a certified applicator shall submit 
pesticide applicator record-keeping data within 90 days after application of a pesticide 
either to the board's online pesticide sales and use database developed under subsection 1 
or to the board directly. The board shall enter data submitted to the board directly into the 
online pesticide sales and use database. 
4. Rules, The board shall adopt rules to carry out the purposes of this section. Rules 
adopted pursuant to this subsection are routine teclrnical rules as defined in Title 5. chapter 
375, subchapter 2-A. 
Sec. 5. Report. No later than February 1, 2023, the Department of Agriculture, 
Conservation and Forestry, Board of Pesticides Control, with input from the Department 
of Administrative and Financial Services, Office of Information Technology, shall submit 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 731, L.D. 2021 { S- 5L~ 
QS a report to the joint standing committees of the Legislature having jurisdiction over 
~ agriculture, conservation and forestry matters, health and human services matters, 
environment and natural resources matters and innovation, development, economic 
advancement and business matters on: 
1. Progress made in developing and administering the online pesticide sales and use 
database pursuant to the Maine Revised Statutes, Title 22, section 1471-CC; and 
2. Recommendations for ensuring that information from a pesticide dealer or an 
applicator is recorded in the online pesticide sales and use database if that dealer or 
applicator is unable to access the Internet. 
The joint standing committees that receive the report under this section may each report 
out legislation based upon the report under this section to the First Regular Session of the 
131st Legislature. 
Sec. 6. 
Appropriations and allocations. The following appropriations and 
allocations are made. 
AGRICULTURE, CONSERVATION AND FORESTRY,DEPARTMENT OF 
Office of the Commissioner 0401 
Initiative: Provides funding for position technology and STA-CAP expenses. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Pesticides Control - Board of 0287 
2021-22 
$0 
$0 
2022-23 
$34,506 
$34,506 
Initiative: Provides one-time funding to develop an online database of pesticide sales, 
distribution and application sites. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Pesticides Control - Board of 0287 
2021-22 
$0 
$0 
2022-23 
$500,000 
$500,000 
Initiative: Provides one-time funding for contracted services to complete database entry. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Pesticides Control - Board of 0287 
2021-22 
$0 
$0 
2022-23 
$233,000 
$233,000 
Initiative: Provides funding for 5 limited-period Environmental Specialist II positions, 
which end on June 30, 2024, and related All Other costs. Also provides ongoing funding 
for 2 Environmental Specialist II positions, one Environmental Specialist III position, one 
Environmental Specialist IV position and related All Other costs. 
GENERAL FUND 
2021-22 
POSITIONS - LEGISLATIVE COUNT 
0.000 
COMMITTEE AMENDMENT 
2022-23 
4.000 
~os 
COMMITTEE AMENDMENT"/} "to S.P. 731, L.D. 2021 (S -S2~ 
Personal Services 
All Other 
GENERAL FUND TOTAL 
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
$0 
$0 
2021-22 
$0 
$0 
$0 
$609,215 
$31,500 
$640,715 
2022-23 
$1,373,715 
$34,506 
$1,408,221 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the minority report of the committee, replaces the bill and 
directs the Department of Agriculture, Conservation and Forestry, Board of Pesticides 
Control, in consultation with the Department of Administrative and Financial Services, 
Office of Information Technology, to develop and administer a comprehensive online 
pesticide sales and use database for documenting and quantifying pesticide sales, 
distribution and application in the State by licensed general use pesticide dealers, pesticide 
dealers and certified applicators. 
The amendment removes the requirement from the bill that commercial agricultural 
producers maintain records relating to pesticide sales and use. Instead, the amendment 
requires, beginning January 1, 2023, general use pesticide dealers and pesticide dealers to 
maintain a record of sale or distribution of a pesticide. The amendment requires, beginning 
February 15, 2023, and every month thereafter, general use pesticide dealers and pesticide 
dealers to submit to the board's online pesticide sales and use database a report of all sales 
and distributions of pesticides made for the preceding month. The amendment also requires 
certified applicators to submit pesticide applicator record-keeping data within 90 days after 
application of a pesticide either to the board's online pesticide sales and use database or to 
the board directly. 
The amendment requires the board to report annually to the Legislature on the 
developments and progress made in carrying out the state policy of minimizing the use of 
pesticides. 
The amendment removes the requirement from the bill that the board amend its rules 
relating to record keeping and reporting requirements. 
The amendment removes the requirement that the board convene a series of stakeholder 
meetings with parties required to submit sales and use reports and entities interested in sales 
and use data to understand the types of questions to which the data might be applied. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f}-"to S.P. 731, L.D. 2021 { S- Sc~ 
The amendment requires the board to report, no later than February 1, 2023, to the joint 
standing committees of the Legislature having jurisdiction over agriculture, conservation 
and forestry matters, health and human services matters, environment and natural resources 
matters and the innovation, development, economic advancement and business matters on 
progress made in developing and administering the online pesticide sales and use database 
and authorizes the committees to submit legislation to the First Regular Session of the 131st 
Legislature. The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/06/22 :rk:'.ae 
LD 2021 
LR 2648(02) 
An Act To Collect Pesticide Sales and Use Records for the Purpose of Providing Information to the 
Public 
Fiscal Note for Bill as Amended by Committee Amendment 'Y-t' Ls S?.,Lc\ 
Committee: Agriculture, Conservation and Forestry 
} 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
$0 
$0 
$0 
FY 2022-23 
$1,373,715 
$1,373,715 
$34,506 
Projections 
FY2023-24 
$721,176 
$721,176 
$34,506 
Projections 
FY 2024-25 
$459,854 
$459,854 
$34,506 
This bill directs the Board of Pesticide Control (BPC) within the Department of Agriculture, Conservation and 
Forestry to develop and administer a comprehensive online pesticide sales and use database. The bill includes General 
Fund appropriations of $416,955 in fiscal year 2022-23 for five limited-period Environmental Specialist II positions 
that end on June 30, 2024. It also includes ongoing General Fund appropriations of $192,260 beginning in fiscal year 
2022-23 for one Environmental Specialist III position and one Environmental Specialist IV position and $31,500 for 
related All Other costs. The bill also includes one-time General Fund appropriations of $733,000 in fiscal year 2022-
for the development costs of a database and contracted services for data entry into the database. Beginning in fiscal 
year 2023-24 the BPC will require ongoing General Fund appropriations of $50,000 for database maintenance costs 
and in fiscal year 2024-25 it will require ongoing General Fund appropriations of $183,877 for two Environmental 
Specialist II positions. The bill includes ongoing allocations funded within the BPC of $34,506 beginning in fiscal 
year 2022-23 for position technology costs and STA-CAP expenses. 
LR2648(02) - Fiscal Note - Page 1 of 1