reglab/housing_qa huggingface dataset:
MD. Agriculture Code Ann. §  5-105 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 1 - Maryland Pesticide Registration and Labeling Law|Section 5-105 - Registration of Pesticides

    (a)    Except as provided in subsection (g) of this section, a distributor shall register with the Secretary each brand or product name of a pesticide before distributing it in the State. The registration for each pesticide expires December 31 each year.    (b)    Each applicant shall file with the Secretary a statement listing:        (1)    The name and address of each applicant and the name and address of the person whose name will appear on the label, if other than the registrant;        (2)    The name of the pesticide;        (3)    A complete copy of the labeling accompanying the pesticide and a statement of every claim to be made for it, including directions for use; and        (4)    A full description of every test conducted and the results upon which any claim is based, if requested by the Secretary.    (c)    A separate application shall be filed for each person whose name appears on the label. Upon renewal, a person shall file a statement listing any required new information that does not appear on the statement filed when the pesticide was registered or was last reregistered.    (d)    (1)    The applicant shall pay an annual fee of $110 to the Secretary for each product registered.        (2)    Unless the Secretary determines otherwise, each applicant also shall pay a terminal registration fee of $110 for each discontinued pesticide each year for two years.    (e)    In addition to the annual fee, any person filing a renewal application after January 31 for any product offered for sale shall pay a ten percent per month late registration fee for each pesticide, but not exceeding twice the annual registration fee per pesticide. Late fees apply retroactively to the January 1 filing date. Late fees are not applicable to new products which are registered before being distributed, sold, or offered for sale.    (f)    The Secretary may require the submission of toxicological, environmental, or health effects data that the Secretary considers appropriate, or the complete formula of any pesticide whenever he deems this action necessary to effectuate the purposes of this subtitle. The Secretary shall register the pesticide if he determines that the pesticide, its labeling, and other material required to be submitted comply with the requirements of this subtitle.    (g)    Provided the product label has not been altered or changed, a distributor shall not be required to register the brand or trade name of a pesticide which has been registered by another person under this subtitle.    (h)    Before a pesticide may be registered by the Secretary, the pesticide shall comply with the provisions of federal pesticide laws and regulations.
MD. Agriculture Code Ann. §  5-106 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 1 - Maryland Pesticide Registration and Labeling Law|Section 5-106 - Packaging and Labeling Requirements

    (a)    A pesticide is subject to the requirements of this section if it is distributed, sold, offered for sale, delivered for transportation or transported in intrastate commerce or between points in the State through any point outside the State.    (b)    Any pesticide subject to this section shall be in the registrant’s or manufacturer’s unbroken, immediate container.    (c)    In addition to any other requirement of this section, any pesticide subject to this section shall have a label affixed to the unbroken, immediate container and to the outside container or wrapper of any retail package, if the label on the immediate container cannot be clearly read through the outside container or wrapper. The label shall bear the following information:        (1)    The name and address of the manufacturer, registrant, or person for whom the pesticide is manufactured;        (2)    The name, brand, or trademark under which the pesticide is sold; and        (3)    The net weight or measure of the content subject to any reasonable variations the Department permits.
MD. Agriculture Code Ann. §  5-107 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 1 - Maryland Pesticide Registration and Labeling Law|Section 5-107 - Noncomplying Pesticides

    (a)    If the Secretary determines that any pesticide does not warrant any proposed claim for it or that the pesticide, its labeling, or other material required to be submitted do not comply with the provisions of this subtitle, he shall notify the applicant of the manner in which the pesticide, labeling, or other required material fails to comply with the subtitle, to afford the applicant an opportunity to make any necessary correction. If the applicant does not make the correction upon receiving notice, the Secretary may refuse to register the pesticide.    (b)    The Secretary may suspend or cancel the registration of any pesticide, if he determines the pesticide, its labeling, or other material required to be submitted does not comply with the provisions of this subtitle.    (c)    If the Secretary refuses an application for registration or proposes to suspend or cancel a registration, notice of the proposed action shall be given to the applicant or registrant who may request a hearing within 30 days from the date of receipt. The Secretary shall conduct the hearing and shall prepare and serve upon the applicant or registrant a written statement containing its findings of fact and an appropriate order.    (d)    Any person adversely affected by an order may obtain a review of the decision by a civil action commenced within 30 days after the date notice of the decision is mailed to him. The action shall be brought in the circuit court of the county in which the person resides or has his principal place of business. As part of its answer, the Secretary shall file a certified copy of the transcript of the record on which the findings and order in question are based. The court may enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Secretary or may remand the case for a rehearing. Any finding of the board of review is conclusive as to any fact, if supported by substantial evidence.    (e)    If good cause is shown, the court may order additional evidence to be taken before the Secretary at any time. After the case is remanded, and after hearing additional evidence, the Secretary may modify or affirm his findings of fact and his order, and shall file with the court any additional and modified findings of fact, and a transcript of the additional record upon which his action in modifying or affirming was based. Any additional or modified finding of fact and order is conclusive as to any fact if supported by substantial evidence.
MD. Agriculture Code Ann. §  5-107.1 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 1 - Maryland Pesticide Registration and Labeling Law|Section 5-107.1 - Administrative Penalties

    (a)    Instead of refusing or cancelling a registration, the Secretary may impose an administrative penalty on any person who violates any provision of this subtitle.    (b)    The penalty imposed under this section may not exceed $2,000.    (c)    All penalties collected under this section shall be paid into the State Chemist Fund under § 6–501 of this article.    (d)    The Secretary shall adopt regulations necessary to implement the provisions of this section.
MD. Agriculture Code Ann. §  5-108 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 1 - Maryland Pesticide Registration and Labeling Law|Section 5-108 - Stop-Sale Orders

    (a)    The Secretary may issue and enforce a written stop–sale order to the registrant, owner, custodian, or distributor of any pesticide that the Secretary finds is in violation of any provision of this subtitle or regulation under this subtitle, or has been found by federal or State authorities to cause unreasonable adverse effects to humans, animals, or the environment, or is in violation of any provision of federal pesticide laws or regulations.    (b)    The order prohibits sale or distribution of the pesticide until the Secretary has evidence that the pesticide is in compliance with the law and until the Secretary provides a written release from the stop–sale order.
MD. Agriculture Code Ann. §  5-109 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 1 - Maryland Pesticide Registration and Labeling Law|Section 5-109 - Prohibited Acts

    (a)    A person may not distribute, sell, or offer for sale, deliver for transportation, or transport in intrastate commerce or between points within the State through any point outside the State any of the following pesticides:        (1)    Any unregistered pesticide;        (2)    Any adulterated or misbranded pesticide; or        (3)    Any pesticide, if any claim made for it or any direction for its use differs in substance from any representation made in its registration statement, or if its composition differs from the composition represented in the registration statement, unless the Department permits a change in the labeling, and the change may be made within a registration period without requiring reregistration. However, the Department may not permit a change in the product name or in the formulation of any product.    (b)    A person may not detach, alter, deface, or destroy, wholly or partially, any label or labeling provided for in this subtitle or in departmental rules and regulations adopted pursuant to it.    (c)    A person may not add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this subtitle.    (d)    A person may not use for his own advantage or reveal any information concerning formulas or products acquired by authority of § 5–105 or § 5–106 of this subtitle, other than to the Secretary, any proper official or employee of the State, to a court of the State in response to a subpoena, to a physician, or, in an emergency, to a pharmacist, or any other qualified person, for use in the preparation of antidotes.
MD. Agriculture Code Ann. §  5-110 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 1 - Maryland Pesticide Registration and Labeling Law|Section 5-110 - Exemptions

    (a)    The following persons are not subject to any penalty for a violation of § 5–106 or § 5–109 of this subtitle:        (1)    Any carrier while lawfully engaged in transporting a pesticide within the State, if the carrier, upon request, permits the Secretary to copy any record showing the transactions in and movement of any pesticide;        (2)    Any public official of the State or the federal government engaged in the performance of his official duty; or        (3)    A manufacturer or shipper of a pesticide for experimental use only (i) by or under the supervision of an agency of the State or of the federal government authorized by law to conduct pesticide research, or (ii) by any other person if the pesticide is not sold and if its container shows the manufacturer’s name and address and it is plainly and conspicuously marked “for experimental use only – not to be sold”. However, if a written permit is obtained from the Secretary, the pesticide may be sold for experimental purposes subject to any restriction set forth in the permit.    (b)    A pesticide is not in violation of this subtitle, if it is intended solely for export to a foreign country, and if it is prepared or packed according to the specifications or directions of the purchaser. If the pesticide is not exported, all the provisions of this subtitle apply.
MD. Agriculture Code Ann. §  5-111 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 1 - Maryland Pesticide Registration and Labeling Law|Section 5-111 - Seizure and Condemnation

    (a)    Any pesticide distributed in the State may be proceeded against in the circuit court of any county, where it is found and seized for confiscation by libel of information, if the pesticide:        (1)    Is adulterated or misbranded;        (2)    Is not registered; or        (3)    Fails to bear on its label the information required by this subtitle.    (b)    After entry of the decree of condemnation, the pesticide shall be destroyed or sold, as the court directs. If the pesticide is sold, the proceeds, less legal costs, shall be paid to and deposited in the fund established in § 6–501 of this article. The pesticide may not be sold contrary to the provision of this subtitle. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide may not be disposed of unlawfully, the court may order the pesticide delivered to its owner for relabeling or reprocessing.    (c)    If a decree of condemnation is entered against the pesticide, court costs, fees, storage, and other proper expenses shall be awarded against any person, intervening as claimant of the pesticide.
MD. Agriculture Code Ann. §  5-112 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 1 - Maryland Pesticide Registration and Labeling Law|Section 5-112 - Enforcement

    (a)    The Secretary shall examine pesticides to determine whether they comply with the requirements of this subtitle. If it appears from the examination that a pesticide fails to comply with the provisions of this subtitle, and the Secretary contemplates instituting criminal proceedings against any person, he shall give appropriate notice to the person. Any person receiving notice shall be given an opportunity to present his views, orally or in writing, with regard to the contemplated proceedings.    (b)    If the Secretary determines that the provisions of the subtitle have been violated by the person, he shall refer the facts to the State’s Attorney for the county in which the violation has occurred with a copy of the results of the analysis or the examination of the pesticide. This subtitle does not require the Secretary to report for prosecution, or for the institution of libel proceedings, any minor violation of the subtitle whenever he believes that the public interest is best served by a suitable written warning notice.    (c)    The prosecuting attorney to whom any violation is reported shall institute appropriate proceedings in the proper court without delay.    (d)    The Secretary shall give notice by publication of any judgment entered in any action instituted under the authority of this subtitle.    (e)    The Secretary may enter, during regular business hours, any commercial premises, including any commercial transportation vehicle, where any pesticide is sold, offered for sale, stored or is being transported, to enforce the provisions of this subtitle.
MD. Agriculture Code Ann. §  5-113 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 1 - Maryland Pesticide Registration and Labeling Law|Section 5-113 - Termination of Registration Upon Conviction of Violation

    In addition to any other penalty provided by this article, the registration of any pesticide with reference to which any violation has occurred shall terminate automatically if the registrant is convicted of any violation of this subtitle. If the registration of any pesticide terminates, the pesticide may not be registered again unless the Department determines that the pesticide, its labeling, and other material required to be submitted comply with the requirements of this subtitle.
MD. Agriculture Code Ann. §  5-114 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 1 - Maryland Pesticide Registration and Labeling Law|Section 5-114 - Short Title

    This subtitle may be cited as the Maryland Pesticide Registration and Labeling Law.
MD. Agriculture Code Ann. §  5-202 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 2 - Pesticide Applicator's Law|Section 5-202 - Gifts, Contributions, etc.; Receipt or Issuance of Grants or Contracts

    To carry out the provisions of this subtitle, the Secretary may receive gifts, contributions, or funds and may receive or issue grants or contracts.
MD. Agriculture Code Ann. §  5-203 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 2 - Pesticide Applicator's Law|Section 5-203 - Pesticide Fund

    All fees collected under the provisions of this subtitle shall be placed in a fund, known as the “Pesticide Fund”, and used to defray partially the expenses of administering this subtitle. Any unexpended funds shall revert to the General Fund of the State at the end of the fiscal year.
MD. Agriculture Code Ann. §  5-204 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 2 - Pesticide Applicator's Law|Section 5-204 - Duties of Secretary

    The Secretary, by suitable administrative procedures including public hearings, if appropriate, shall:         (1)    Adopt rules and regulations governing the storage, sale, distribution, exchange, use, and disposal of any pesticide and its container;        (2)    Prescribe, when necessary, the time and conditions under which a pesticide may be sold, distributed, exchanged, or used in different areas of the State;        (3)    Provide, if necessary, that extremely hazardous pesticides may be sold, distributed, exchanged, or applied only when special permission first is obtained from the Secretary;        (4)    Define the formulations and establish the conditions and appropriate areas for application of any pesticide;        (5)    Establish guidelines and requirements for the application of pesticides and providing for submission of records to the Secretary;        (6)    Design and conduct an appropriate educational program on the use of pesticides and the necessity for care when applying them;        (7)    Encourage, conduct and support research which will contribute to optimal uses of pesticides for maximum public benefit and minimum public damage;        (8)    Require that records be kept by all licensees and permittees;        (9)    Employ inspectors and other employees necessary for the proper enforcement of the provisions of this subtitle and the rules and regulations adopted pursuant to it;        (10)    Coordinate and support pesticide monitoring programs;        (11)    Establish appropriate categories and, if necessary, subcategories of applicators of pesticides;        (12)    Establish guidelines and requirements for all licensees, certificate holders, and permittees for the identification of pests and their methods of inspection of property to determine the presence of pests;        (13)    For purposes of uniformity and in order to enter into cooperative agreements, adopt use classifications and other pertinent pesticide regulation provisions that are established by the U. S. Environmental Protection Agency; and        (14)    Cooperate with State or federal agencies as is reasonable and proper to carry out the provisions of this subtitle.
MD. Agriculture Code Ann. §  5-205 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 2 - Pesticide Applicator's Law|Section 5-205 - Sampling and Inspection

    The Secretary may sample any pesticide and inspect any device, container, product, apparatus or equipment used or intended for use in pest control operations, any establishment from which pest control is conducted, and any pesticide application or treatment performed by a certified applicator or someone under his supervision.
MD. Agriculture Code Ann. §  5-206 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 2 - Pesticide Applicator's Law|Section 5-206 - Qualifications for Licenses; Issuance and Revocation; Financial Responsibility

    (a)    The Secretary shall establish, by rule or regulation, qualifications for licensing and certification in each category established by § 5–207 of this subtitle to assure competence and responsibility in the application of pesticides.    (b)    The Secretary may issue licenses, permits, and certificates only to an applicant who meets the requirements established by the Department.    (c)    The Secretary may establish the conditions under which licenses, permits, and certificates may be revoked, suspended, reinstated, or renewed.    (d)    The Secretary may establish minimum requirements for financial responsibility for all damages which may be incurred in the commercial application of pesticides.
MD. Agriculture Code Ann. §  5-207.1 (2021)
2021 Maryland Statutes|Agriculture|Title 5 - Pesticide and Pest Control|Subtitle 2 - Pesticide Applicator's Law|Section 5-207.1 - Additional Training; Reinstatement of Certification

    (a)    The Secretary shall require that each pest control consultant, pest control applicator, or public agency applicator receive additional training prepared and administered by the Department when significant technological developments have occurred requiring additional knowledge in the area of classification for which the consultant or applicator has applied.    (b)    When certification has been suspended or revoked, the Secretary shall require that each pest control consultant, pest control applicator, or public agency applicator take a special examination prepared and administered by the Department before certification may be reinstated or renewed.