An Act to Improve Pesticides Sales and Use Data Collection and Accessibility by the State
Maine Legislature, Session 131, LD 1770
Committee: Agriculture, Conservation and Forestry
Sponsors: OSHER, HOBBS, JACKSON, JAUCH, O'NEIL, SHAW, INGWERSEN
Amends: 7 MRSA §607, 22 MRSA §1471-C, 22 MRSA §1471-G, 22 MRSA §1471-D

Legislative Document
No. 1770
H.P. 1134
House of Representatives, April 25, 2023
An Act to Improve Pesticides Sales and Use Data Collection and 
Accessibility by the State
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative OSHER of Orono.
Cosponsored by Representatives: HOBBS of Wells, JACKSON of Oxford, JAUCH of 
Topsham, O'NEIL of Saco, SHAW of Auburn, Senator: INGWERSEN of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §607, sub-§2, ¶B, as enacted by PL 1975, c. 382, §3, is repealed 
and the following enacted in its place:
B.  The name of the pesticide 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;
(2)  The type of 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-C, sub-§4-A is enacted to read:
4-A.  Commercial agricultural producer.  "Commercial agricultural producer" 
means a person that produces an agricultural commodity primarily for sale.
Sec. 3.  22 MRSA §1471-G, as amended by PL 1983, c. 819, Pt. A, §50, is further 
amended by amending the section headnote to read:
§1471-G.  Reports; confidential information
Sec. 4.  22 MRSA §1471-G, sub-§3 is enacted to read:
3.  Confidential information.  Information provided to the board to fulfill reporting 
requirements under this chapter is public unless designated as confidential by the board in 
accordance with this subsection. A pesticide dealer, commercial applicator or commercial 
agricultural producer to whom the information belongs or pertains may request that the 
information it has provided be designated as confidential. The board may designate such 
information as confidential if the board determines the information contains proprietary 
information.  For the purposes of this subsection, "proprietary information" means 
information that is a trade secret or production, commercial or financial information the 
disclosure of which would impair the competitive position of the person submitting the 
information and would make available information not otherwise publicly available.
Sec. 5.  22 MRSA §1471-CC is enacted to read:
§1471-CC.  Pesticide sales and use database
1. "Pesticide product dealer" defined. As used in this section, unless the context 
otherwise indicates, "pesticide product dealer" means a person licensed to sell in this State 
pesticides, including, without limitation, general use pesticides, limited use pesticides and 
restricted use pesticides.
2. Pesticide sales and use database. The board, in consultation with the Department 
of Administrative and Financial Services, Office of Information 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 pesticide 
product dealers and certified applicators using information reported under section 1471-G.
3. Pesticide product dealers.  Beginning January 1, 2024, a pesticide product dealer 
shall maintain a record of a sale or distribution of a pesticide as provided in subsection 5. 
Beginning February 15, 2024 and for every month thereafter, a pesticide product dealer 
shall submit to the board's online pesticide sales and use database developed pursuant to 
subsection 2 a report of all sales and distribution of pesticides made by the dealer for the 
preceding month.
4. Certified applicators and commercial agricultural producers.  Beginning 
January 1, 2024, a certified applicator or commercial agricultural producer shall submit to 
the board's online pesticide sales and use database developed pursuant to subsection 2 a 
report of all record-keeping data required by subsection 5 no later than 90 days after the 
end of the calendar year in which the pesticides were applied. 
5.  Records.  This subsection governs record keeping by pesticide products dealers, 
certified applicators and commercial agricultural producers.
A. A pesticide product dealer shall keep and maintain records of the sale and 
distribution of pesticides for monthly reporting purposes under subsection 3.  These 
records must include the names of all licensed general use pesticide dealers to which 
pesticides were distributed, the names of the pesticides, the United States 
Environmental Protection Agency registration number and the quantity sold.  For the 
purposes of this paragraph, "distributes" means sells, ships or delivers pesticides to a 
pesticide product dealer engaged in retail sales.
B.  A certified applicator or commercial agricultural producer shall keep and maintain 
records of the purchase and use of pesticides for reporting purposes.  These records 
must include the names of all pesticide product dealers from which pesticides were 
purchased, the address where the pesticides were applied, the names of the pesticides, 
the quantity purchased and applied, the date the pesticides were applied and the United 
States Environmental Protection Agency registration number.
C.  These records must be kept for 2 years after the end of the calendar year in which 
they were recorded.
6. Rules. The board shall adopt rules to carry out the purposes of this section, including 
clarifying reporting requirements pursuant to subsection 5.  Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 6.  22 MRSA §1471-DD is enacted to read:
§1471-DD.  Reports by board
1.  Report regarding state policy.  Beginning in 2024, by January 15th annually, the 
board shall submit a report on developments and progress made to carry out the purposes 
of section 1471-X 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.  The joint standing committees may report out 
legislation based on the report required pursuant to this subsection.
2.  Report regarding pesticide sales and use rates.  Beginning in 2024, by January 
15th annually, the board shall submit a report showing the trends in sales and uses of 
pesticides in this State 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.  The joint standing committees may report 
out legislation based on the report required pursuant to this subsection.
Sec. 7.  Report.  No later than December 6, 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 
a report to the Joint Standing Committee on Agriculture, Conservation and Forestry, the 
Joint Standing Committee on Health and Human Services, the Joint Standing Committee 
on Environment and Natural Resources and the Joint Standing Committee on Innovation, 
Development, Economic Advancement and Business on:
1. Progress made in developing and administering an 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 pesticide product dealers, 
certified applicators and commercial agricultural producers is recorded in the database if a 
dealer, applicator or producer is unable to access the Internet.
The joint standing committees may report out legislation based upon the report under 
this section to the Second Regular Session of the 131st Legislature.
SUMMARY
This bill directs the Department of Agriculture, Conservation and Forestry, Board of 
Pesticides Control, in collaboration with the Department of Administrative and Financial 
Services, Office of Information Technology, to create and administer an online database of 
pesticide product dealers, certified applicators and commercial agricultural producers 
reporting the type and amount of pesticides sold, distributed or applied in the State and 
other information as required.  The bill establishes record-keeping requirements for 
pesticide product dealers, certified applicators and commercial agricultural producers, 
similar to those in place for general use pesticide dealers. The bill specifies that information 
submitted to the board is public information but allows a pesticide dealer, commercial 
applicator or commercial agricultural producer to request that the board designate 
proprietary information as confidential. The bill also requires the board to report annually 
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 the developments and progress made in carrying out the state policy of 
minimizing the use of pesticides and gives those committees authority to report out 
legislation related to the report.