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2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–407. Liability insurance

§ 8–407. Liability insurance.
(a) The Mayor shall not issue a pesticide operator’s license until the applicant has furnished evidence of financial responsibility in the form of liability insurance for the protection of persons who may suffer damages as a result of the operations of the applicant.
(b) The amount of minimum financial responsibility shall be established by the Mayor and shall be maintained at not less than that sum as long as the pesticide operator engages in business in those categories for which his license is issued.
(c) The insurer of a pesticide operator shall notify the Mayor in writing at least ten (10) days prior to the effective date of cancellation, if a licensee’s policy is to be cancelled. It shall be the licensee’s responsibility to inform his insurer of this requirement.
(d) Nothing in this subchapter shall be construed to relieve any person from liability for any damages to the person or lands of another caused by the use of pesticides even though such use conforms to regulations prescribed by the Mayor.
(Apr. 18, 1978, D.C. Law 2-70, § 8, 24 DCR 6867.)
Prior Codifications
1981 Ed., § 6-751.7.
Section References
This section is referenced in § 8-406 and § 8-408.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–408. Application of this subchapter to governmental entities and public applicators

§ 8–408. Application of this subchapter to governmental entities and public applicators.
(a) Except as otherwise provided, all District and other governmental agencies shall be subject to the provisions of this subchapter and to all rules and regulations promulgated pursuant thereto concerning the application of pesticides.
(b) Public applicators for District and other governmental agencies shall be subject to examination (as provided for in § 8-403) and to the licensing provisions of § 8-404. The Mayor shall issue a limited license to each qualified public applicator. No fee shall be charged for the issuance of such a license to an employee of the District. The public applicator license shall be valid only when the licensee is engaged as an applicator in using or supervising the use of pesticides by District and other governmental agencies on lands owned or rented by such agencies or is acting within the scope of his employment.
(c) District and other governmental agencies employing pesticide applicators shall not be subject to the financial responsibility requirements of § 8-407.
(Apr. 18, 1978, D.C. Law 2-70, § 9, 24 DCR 6867.)
Prior Codifications
1981 Ed., § 6-751.8.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–409. Records and reports

§ 8–409. Records and reports.
(a) Commercial applicators and pesticide operators shall maintain records containing the information the Mayor may promulgate by regulation.
(b) Pesticide dealers shall maintain records containing such information as the Mayor shall promulgate by regulation to adequately identify purchases of restricted use pesticides and the materials purchased.
(c) The Mayor may, pursuant to regulations promulgated by him, require private applicators to maintain records or file reports or other documents.
(d) Each person shall upon written request furnish the Mayor with copies of any requested records or any other information requested by the Mayor.
(e) The records required to be maintained by subsections (a), (b), and (c) shall be subject to inspection by the Mayor at any time during business hours. The applicator or operator who prepared them shall transfer to the Mayor as required by appropriate regulations all such records which were prepared during that period which is determined by the regulations, and the Mayor shall preserve them for not less than ten (10) years. Should any such applicator or operator go out of business all such records in his or her possession shall immediately be transferred to the Mayor.
(Apr. 18, 1978, D.C. Law 2-70, § 10, 24 DCR 6867.)
Prior Codifications
1981 Ed., § 6-751.9.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–410. Denial, suspension, modification, and revocation of certification or license

§ 8–410. Denial, suspension, modification, and revocation of certification or license.
(a) In denying a license or certificate, or before revoking, modifying, or suspending a license or certificate, the Mayor shall notify the applicant, licensee, or certificate holder in writing of the proposed action and the basis therefor. The grounds upon which the Mayor may deny, revoke, modify or suspend a license or certificate include a violation of any of the unlawful acts specified in § 8-417, or the violation of any of the rules and regulations promulgated pursuant to this chapter. The applicant, licensee, or certificate holder shall have seven (7) business days from the date of receipt of the notice of proposed action to request a hearing before the Mayor to show cause why the license or certificate should not be denied, revoked, modified or suspended.
(b) The Mayor may deny the issuance of a license, or revoke, modify, or suspend a license or certificate issued under this chapter if the applicant, licensee or certificate holder has been convicted under FIFRA, or is subject to a final order imposing a civil penalty under FIFRA.
(c) The Mayor may issue a warning notice to an applicant, licensee, or certificate holder for a violation or threatened violation of any of the unlawful acts specified in § 8-417.
(d) The Mayor may suspend a license or certificate immediately, to protect the public health, safety, or welfare pending further investigation.
(e) The Mayor shall not reissue a license to one whose license has been revoked until after at least one hundred and eighty (180) days following the revocation.
(f) Any person aggrieved by any action of the Mayor may obtain a review thereof by appealing to the Office of Administrative Hearings (“Office”). The decision of the Office shall be the final administrative remedy. Any person adversely affected by a decision of the Office may seek judicial review thereof in the District of Columbia Court of Appeals, pursuant to subchapter I of Chapter 5 of Title 2.
(Apr. 18, 1978, D.C. Law 2-70, § 11, 24 DCR 6867; Apr. 13, 2005, D.C. Law 15-354, § 20, 52 DCR 2638.)
Prior Codifications
1981 Ed., § 6-751.10.
Effect of Amendments
D.C. Law 15-354, in subsec. (f), substituted “Office of Administrative Hearings (‘Office’)” for “Board of Appeals and Review” in the first sentence, substituted “Office of Administrative Hearings (‘Office’)” for “Board of Appeals and Review” in the second sentence, and substituted “Office” for “Board” in the third sentence.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–412. Enforcement

§ 8–412. Enforcement.
(a) For the purpose of carrying out the provisions of this chapter, the Mayor may enter upon any public or private land in a reasonable and lawful manner during normal business hours for purposes of sampling, inspection, and observation.
(b) If denied access to any land, the Mayor may apply to a court of competent jurisdiction for a search warrant.
(c) The Mayor, or any person, may bring an action in the Superior Court of the District of Columbia to enjoin the violation or threatened violation of any provision of this chapter or of any rules or regulation promulgated thereto.
(Apr. 18, 1978, D.C. Law 2-70, § 13, 24 DCR 6867.)
Prior Codifications
1981 Ed., § 6-751.12.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–413. Reports of pesticide accidents or losses

§ 8–413. Reports of pesticide accidents or losses.
The Mayor may require the reporting of significant pesticide accidents or incidents to a designated District agency.
(Apr. 18, 1978, D.C. Law 2-70, § 14, 24 DCR 6867.)
Prior Codifications
1981 Ed., § 6-751.13.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–414. Storage and disposal

§ 8–414. Storage and disposal.
No person shall transport, store, or dispose of any pesticide or pesticide container in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects, or as to pollute any waterway in a way harmful to any wildlife therein. The Mayor shall publish regulations for the storage and disposal of pesticides and pesticide containers.
(Apr. 18, 1978, D.C. Law 2-70, § 15, 24 DCR 6867.)
Prior Codifications
1981 Ed., § 6-751.14.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–415. Reciprocity

§ 8–415. Reciprocity.
The Mayor may waive all or part of any applicator certification examination required by this chapter and issue a license to a nonresident of the District of Columbia who is certified by a state under a certification plan that has been approved by the Administrator and which is substantially in accordance with the provisions of this chapter; provided, that such state has a reciprocity provision granting similar accommodation to applicators certified by the District of Columbia. Certifications issued pursuant to this section may be suspended or revoked in the same manner and on the same grounds as other certifications issued pursuant to this chapter, or upon suspension or revocation of the applicator’s certification by the state, issuing the applicator’s original certification.
(Apr. 18, 1978, D.C. Law 2-70, § 16, 24 DCR 6867.)
Prior Codifications
1981 Ed., § 6-751.15.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–416. Cooperative agreements

§ 8–416. Cooperative agreements.
The Mayor may cooperate, receive grants-in-aid, and enter into agreements with any agency of the Federal Government or the District, or with any agency of a state, to obtain assistance in the implementation of this chapter, or in the enforcement of the FIFRA.
(Apr. 18, 1978, D.C. Law 2-70, § 17, 24 DCR 6867.)
Prior Codifications
1981 Ed., § 6-751.16.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–417. Unlawful acts

§ 8–417. Unlawful acts.
It shall be unlawful for any person to:
(a) Make a pesticide recommendation or use a pesticide in a manner inconsistent with the labeling thereof, or in violation of the restrictions imposed by the Environmental Protection Agency or the Mayor on the use of that pesticide;
(b) Falsify, or refuse or neglect to maintain or make available, records required to be kept by this chapter and by the rules and regulations promulgated pursuant thereto;
(c) Use fraud or misrepresentation in applying for certification or a license;
(d) Refuse or neglect to comply with any limitations or restrictions on his certification or license;
(e) Make false or fraudulent claims through any media which misrepresent the effect of a pesticide or the method to be utilized in the application of a pesticide;
(f) Apply any known ineffective or improper pesticide;
(g) Operate faulty or unsafe equipment;
(h) Use or supervise the use of a pesticide in a faulty, careless, or negligent manner;
(i) Make false or fraudulent records, invoices, or reports;
(j) Aid, abet, or conspire with any other person to evade the provisions of this chapter;
(k) Make fraudulent or misleading statements during or after an inspection concerning a pest infestation;
(l) Impersonate any federal, state, or District inspector or official;
(m) Distribute any pesticide which is adulterated or misbranded, or any device which is misbranded;
(n) Fail to register a pesticide in accordance with the provisions of this chapter;
(o) Violate any other provision of this chapter or of any rule or regulation promulgated by the Mayor pursuant thereto.
(Apr. 18, 1978, D.C. Law 2-70, § 18, 24 DCR 6867.)
Prior Codifications
1981 Ed., § 6-751.17.
Section References
This section is referenced in § 8-410.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–418. Penalties

§ 8–418. Penalties.
(a) A person violating a provision of this subchapter or of a rule or regulation promulgated pursuant thereto, shall be fined according to the schedule set forth in Chapter 32 of Title 16 of the District of Columbia Municipal Regulations, or be imprisoned for not more than 90 days, or both.
(b) The Department may, as set forth by the Mayor in regulations, revoke or suspend the license of a pesticide operator or applicator who violates § 8-433 more than once in a calendar year in a manner that endangers human health or the environment.
(Apr. 18, 1978, D.C. Law 2-70, § 19, 24 DCR 6867; Oct. 5, 1985, D.C. Law 6-42, § 414, 32 DCR 4450; Oct. 23, 2012, D.C. Law 19-191, § 12(e), 59 DCR 10166.)
Prior Codifications
1981 Ed., § 6-751.18.
Effect of Amendments
The 2012 amendment by D.C. Law 19-191 rewrote this section.
Editor's Notes
Applicability of D.C. Law 19-191: Section 14(a) of D.C. Law 19-191 provided that §§ 1 through 5 and 8 through 13 of the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–419. Severability

§ 8–419. Severability.
If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this chapter and applicability thereof to other persons and circumstances shall not be affected thereby.
(Apr. 18, 1978, D.C. Law 2-70, § 20, 24 DCR 6867.)
Prior Codifications
1981 Ed., § 6-751.19.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter II - Pesticide Education and Control › § 8–432. District restricted-use pesticides

§ 8–432. District restricted-use pesticides.
(a) The Department shall create and maintain lists of pesticides classified as District restricted-use.
(b) Repealed.
(c) The Department shall, through regulations, designate as District restricted-use any pesticide that:
(1) When used as directed or in accordance with commonly recognized practice requires additional restrictions for that use to prevent a hazard to human health, the environment, or property; or
(2) The Department determines presents a significant, scientifically sound basis justifying that reclassification. In making this determination, the Department may rely on the findings of state, national, or international government bodies or non-governmental organizations that publish lists of chemicals that are known or likely to be hazardous to human health or the environment.
(d) The Department shall offer an opportunity for public comment conforming to the conditions set forth in subsection (e) of this section before classifying as District restricted-use any pesticide that is not designated as restricted-use under 40 CFR § 152.175 or adding restrictions to a restricted-use pesticide designated under 40 CFR § 152.175.
(e) The opportunity for public comment required by subsection (d) of this section shall include at least one published notice in the District of Columbia Register regarding the proposed reclassification of a particular pesticide and a comment period of at least 30 days; provided, that the agency is required to hold a public hearing only if significant public interest is expressed during the 30-day comment period.
(Oct. 23, 2012, D.C. Law 19-191, § 3, 59 DCR 10166; Apr. 15, 2017, D.C. Law 21-277, § 2(b), 64 DCR 960.)
Section References
This section is referenced in § 8-431 and § 8-440.
Editor's Notes
Section 14(a) of D.C. Law 19-191 provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter II - Pesticide Education and Control › § 8–433. Prohibited and restricted uses

§ 8–433. Prohibited and restricted uses.
(a) Except as provided in § 8-434, no person or entity shall apply a pesticide to schools, child-occupied facilities, waterbody-contingent property, or District property; provided, that a person or entity may apply:
(1) Minimum-risk pesticides or organic pesticides; and
(2) Any pesticide, except a District restricted-use pesticide, that is applied for the purpose of:
(A) Controlling plants that are poisonous to touch or may cause damage to a structure or infrastructure;
(B) Controlling insects that bite or sting, are venomous, or that may cause damage to a structure or infrastructure;
(C) Controlling disease vectors;
(D) Controlling organisms that threaten the health of trees or shrubs;
(E) Maintaining property as part of efforts by a public utility to comply with applicable vegetation management provisions of any federal or District law or regulation;
(F) Controlling pests or weeds while engaged in agriculture or forestry;
(G) Controlling a pest outbreak that poses an imminent threat to human health; and
(H) Preventing significant economic damage.
(b) In addition to the restrictions in subsection (a) of this section, the Department may establish additional restrictions on the use of District restricted-use pesticides.
(c) If a pesticide is applied under subsection (a)(2) of this section, the person or entity applying the pesticide shall, within 7 days after the application, notify the Department of the application, the reasons for application of the pesticide, and the reason why pesticides allowed under subsection (a)(1) of this section were insufficient.
(Oct. 23, 2012, D.C. Law 19-191, § 4, 59 DCR 10166; Apr. 15, 2017, D.C. Law 21-277, § 2(c), 64 DCR 960.)
Section References
This section is referenced in § 8-418, § 8-434, and § 8-439.
Editor's Notes
Section 14(a) of D.C. Law 19-191 provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter II - Pesticide Education and Control › § 8–434. Exemptions

§ 8–434. Exemptions.
(a) Section 8-433 shall not apply to the use of a pesticide for the purpose of improving or maintaining water quality at:
(1) Drinking water treatment plants;
(2) Wastewater treatment plants;
(3) Reservoirs and swimming pools; and
(4) Related collection, distribution, and treatment facilities.
(b) A person or entity may apply to the Department for an exemption from § 8-433 for a District restricted-use pesticide. The Department may grant an exemption if the applicant demonstrates:
(1) That the applicant has made a good-faith effort to seek effective and economical alternatives to the restricted-use or District restricted-use pesticides, and they are unavailable;
(2) That providing a waiver will not violate District or federal law; and
(3) That use of the restricted-use or District restricted-use pesticide on the property prohibited under § 8-433 is linked to a need to protect health, the environment, or property.
(c) Repealed.
(d) A person or entity subject to § 8-433 may apply to the Department for an emergency exemption if an emergency pest outbreak poses an imminent threat to public health or if significant economic damage would result from the inability to use a pesticide prohibited or restricted by § 8-433. The Department shall impose specific conditions for the granting of emergency applications.
(e) The Department may, as set forth by the Mayor in regulations, require that an applicant who applies for substantially the same exemption at substantially the same property due to managing pests with proper adherence to IPM principles attend a District-approved IPM course.
(Oct. 23, 2012, D.C. Law 19-191, § 5, 59 DCR 10166; Apr. 15, 2017, D.C. Law 21-277, § 2(d), 64 DCR 960.)
Section References
This section is referenced in § 8-433.
Editor's Notes
Section 14(a) of D.C. Law 19-191 provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter II - Pesticide Education and Control › § 8–435. Pesticide education

§ 8–435. Pesticide education.
The University shall provide:
(1) An educational course on integrated pest management, which shall occur at least once per month and at least once per year in each of the District's 8 wards; and
(2) An educational course on integrated pest management specifically for pesticide applicators, which shall be offered at least once every 90 days.
(Oct. 23, 2012, D.C. Law 19-191, § 6, 59 DCR 10166.)
Applicability
Section 7203(b) of D.C. Law 22-168 repealed § 14(b) of D.C. Law 19-191 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 19-191 has been given effect.
Section 14(b) of D.C. Law 19-191 provided that §§ 6 and 7 of the act shall apply upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register, but not before October 1, 2013.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter II - Pesticide Education and Control › § 8–436. Annual reporting. [Repealed]

§ 8–436. Annual reporting. [Repealed]
Repealed.
(Oct. 23, 2012, D.C. Law 19-191, § 7, 59 DCR 10166; Oct. 30, 2018, D.C. Law 22-168, § 7203(a), 65 DCR 9388.)
Applicability
Section 14(b) of D.C. Law 19-191 provided that §§ 6 and 7 of the act shall apply upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register, but not before October 1, 2013.
Emergency Legislation
For temporary (90 days) repeal of this section, see § 7203(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).
For temporary (90 days) repeal of this section, see § 7203(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter II - Pesticide Education and Control › § 8–437. Pesticide applicator reports

§ 8–437. Pesticide applicator reports.
Pesticide applicators shall submit to the Department records of pesticide applications to property in the District on an annual basis in a form that the Department shall prescribe; provided, that applications of minimum-risk and reduced-risk pesticides are exempt from this requirement.
(Oct. 23, 2012, D.C. Law 19-191, § 8, 59 DCR 10166.)
Editor's Notes
Section 14(a) of D.C. Law provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter II - Pesticide Education and Control › § 8–438. Pesticide registration fee

§ 8–438. Pesticide registration fee.
The Department shall set a pesticide registration fee of at least $200.
(Oct. 23, 2012, D.C. Law 19-191, § 9, 59 DCR 10166.)
Section References
This section is referenced in § 8-438.01.
Editor's Notes
Section 14(a) of D.C. Law 19-191 provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter II - Pesticide Education and Control › § 8–438.01. Pesticide Registration Fund

§ 8–438.01. Pesticide Registration Fund.
(a) There is established as a special fund the Pesticide Registration Fund (“Fund”), which shall be administered by the Department in accordance with subsection (c) of this section.
(b) The Fund shall consist of revenue from fees collected pursuant to § 8-438 and other pesticide license and registration fees.
(c) The Fund shall be used for the administration of the Department’s pesticide, chemical, tank, land remediation, and wildlife protection programs.
(d) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(Oct. 23, 2012, D.C. Law 19-191, § 9a; as added Dec. 24, 2013, D.C. Law 20-61, § 6072, 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 6042, 61 DCR 9990.)
Effect of Amendments
The 2013 amendment by D.C. Law 20-61 added this section.
The 2015 amendment by D.C. Law 20-155 added “chemical, tank, land remediation, and wildlife protection” in (c).
Emergency Legislation
For temporary (90 days) addition of this section, see § 6072 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) addition of this section, see § 6072 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
For temporary (90 days) amendment of this section, see § 6052 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).
For temporary (90 days) amendment of this section, see § 6042 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).
For temporary (90 days) amendment of this section, see § 6042 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).
Short Title
Section 6071 of D.C. Law 20-61 provided that Subtitle H of Title VI of the act may be cited as the “Pesticide Registration Fund Preservation Amendment Act of 2013”.
Editor's Notes
Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter II - Pesticide Education and Control › § 8–439. Penalties

§ 8–439. Penalties.
(a) A violation of this subchapter shall be a civil infraction for purposes of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective July 16, 1985 (Law 6-42; D.C. Code § 2-1801.01 et seq.) (“Civil Infractions Act”). Civil fines, penalties, and fees may be imposed as sanctions for any infraction of the provisions of this subchapter, or the rules issued under authority of this subchapter, pursuant to the Civil Infractions Act. Adjudication of any infractions shall be pursuant to the Civil Infractions Act.
(b) The Department may, as set forth by the Mayor in regulations, suspend or revoke the license of a pesticide operator or applicator who violates § 8-433 more than once in a calendar year in a manner that endangers human health or the environment.
(Oct. 23, 2012, D.C. Law 19-191, § 10, 59 DCR 10166.)
Editor's Notes
Section 14(a) of D.C. Law 19-191 provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter II - Pesticide Education and Control › § 8–440. Rules

§ 8–440. Rules.
(a) Within 570 days of October 23, 2012, the Mayor shall issue rules to implement the provisions of §§ 8-431 through 8-439.
(b) For rules issued pursuant to § 8-432, the Department shall afford great weight to the decisions made pursuant to section 18 of the FIFRA [7 U.S.C. § 136p].
(Oct. 23, 2012, D.C. Law 19-191, § 11, 59 DCR 10166.)
Editor's Notes
Section 14(a) of D.C. Law 19-191 provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 5 - Manufacture, Renovation, and Sale of Mattresses › § 8–501. Definitions

§ 8–501. Definitions.
As used in this chapter:
(1) The term “mattress” includes any quilt, comfort, pad, pillow, cushion, or bag stuffed with hair, down, feathers, wool, cotton, excelsior, jute, or any other soft material and designed for use for sleeping or reclining purposes.
(2) The term “person” means individual, partnership, corporation, or association.
(3) The term “Mayor” means the Mayor of the District of Columbia.
(July 3, 1926, 44 Stat. 838, ch. 768, § 1.)
Prior Codifications
1981 Ed., § 6-801.
1973 Ed., § 6-601.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 5 - Manufacture, Renovation, and Sale of Mattresses › § 8–502. Unlawful acts

§ 8–502. Unlawful acts.
No person in the District of Columbia:
(1) Who is a manufacturer or renovator of, or dealer in, mattresses shall sell, exchange, give away, or offer or have in his possession for sale, exchange, or gift, any mattress which bears any false or misleading label, statement, design, or device, in respect of its material or processes of manufacture or renovation, or which is not labeled as provided in § 8-503;
(2) Who is a renovator of mattresses shall use in whole or in part, in the renovation of any mattress, material which has formed part of any mattress theretofore used in or about any sanitarium or hospital, or used by any individual having an infectious or contagious disease;
(3) Who is a manufacturer of mattresses shall use in whole or in part any secondhand material in the manufacture of mattresses sold, exchanged, or given away, or to be offered for sale, exchange, or gift, as new mattresses;
(4) Shall knowingly sell, exchange, give away, or offer or have in his possession for sale, exchange, or gift:
(A) Any mattress which has been used, or is composed in whole or in part from material which has formed part of any mattress theretofore used in any sanitarium or hospital or by any individual having an infectious or contagious disease; or
(B) Any mattress which is composed in whole or in part of secondhand material which has not been thoroughly sterilized and disinfected by a process approved by the Director of the Department of Human Services of the District of Columbia;
(5) Who is a manufacturer or renovator of, or a dealer in, mattresses, shall remove, conceal, or deface, or cause or permit to be removed, concealed, or defaced, any label placed, in accordance with the provisions of this chapter, upon any mattress.
(July 3, 1926, 44 Stat. 838, ch. 768, § 2; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1.)
Prior Codifications
1981 Ed., § 6-802.
1973 Ed., § 6-602.
Section References
This section is referenced in § 8-503 and § 8-505.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 5 - Manufacture, Renovation, and Sale of Mattresses › § 8–503. Label requirements

§ 8–503. Label requirements.
The label required by § 8-502 shall consist of a tag which shall be sewed or otherwise securely attached to the mattress. In case the mattress has not been renovated the label shall contain in plain, legible print in the English language a statement showing: (1) the name and address of the manufacturer; (2) a description of the materials used in the manufacture of such mattress; and (3) whether such materials are in whole or in part secondhand. In case the mattress has been renovated the label shall contain in such print the word “Renovated” and a statement of: (1) the name and address of the renovator; and (2) a description of the materials used in the renovated mattress. For the purposes of this chapter the materials so used shall be described in such manner as the Council of the District of Columbia shall by regulation prescribe.
(July 3, 1926, 44 Stat. 839, ch. 768, § 3.)
Prior Codifications
1981 Ed., § 6-803.
1973 Ed., § 6-603.
Section References
This section is referenced in § 8-502.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(142) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 5 - Manufacture, Renovation, and Sale of Mattresses › § 8–504. Guaranty of manufacturer as defense; prosecution of manufacturer outside District

§ 8–504. Guaranty of manufacturer as defense; prosecution of manufacturer outside District.
No dealer shall be prosecuted under the provisions of this chapter when he can establish a guaranty signed by the manufacturer residing in the United States from whom he purchases mattresses to the effect that the statements contained on the labels attached to such mattresses are true. Such guaranty, to afford protection, shall contain the name and address of the manufacturer making the sale of such mattresses to the dealer, and in such case the manufacturer shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this chapter. In case the manufacturer resides outside the District of Columbia it shall be the duty of each United States Attorney to whom the Director of the Department of Human Services of the District of Columbia shall report the violation to cause appropriate proceedings to be commenced and prosecuted against the manufacturer without delay in the proper courts of the United States.
(July 3, 1926, 44 Stat. 839, ch. 768, § 4; June 25, 1948, 62 Stat. 909, ch. 646, § 1; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1.)
Prior Codifications
1981 Ed., § 6-804.
1973 Ed., § 6-604.
Section References
This section is referenced in § 8-505.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 5 - Manufacture, Renovation, and Sale of Mattresses › § 8–505. Violations of § 8-502, § 8-504, or § 8-507

§ 8–505. Violations of § 8-502, § 8-504, or § 8-507.
Any person violating any provision of § 8-502 or § 8-507 shall, upon conviction thereof, be punished by a fine of not more than $500, or by imprisonment for not more than 6 months, or both. All prosecutions under this chapter, except as provided in § 8-504, shall be in the Superior Court of the District of Columbia upon information by the Corporation Counsel or 1 of his assistants. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of § 8-502 or § 8-507, or any rules or regulations issued under the authority of these sections, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of these sections shall be pursuant to Chapter 18 of Title 2.
(July 3, 1926, 44 Stat. 839, ch. 768, § 5; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Oct. 5, 1985, D.C. Law 6-42, § 459, 32 DCR 4450.)
Prior Codifications
1981 Ed., § 6-805.
1973 Ed., § 6-605.
Section References
This section is referenced in § 8-506.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 5 - Manufacture, Renovation, and Sale of Mattresses › § 8–506. Administration of chapter

§ 8–506. Administration of chapter.
Except as provided in § 8-505, the administration of this chapter shall be in charge of the Director of the Department of Human Services of the District of Columbia under the supervision of the Mayor. The Mayor is authorized to make such regulations as may be necessary for the efficient administration of this chapter.
(July 3, 1926, 44 Stat. 839, ch. 768, § 6; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1.)
Prior Codifications
1981 Ed., § 6-806.
1973 Ed., § 6-606.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 5 - Manufacture, Renovation, and Sale of Mattresses › § 8–507. Investigations

§ 8–507. Investigations.
It shall be the duty of the Director of the Department of Human Services of the District of Columbia, whenever he has reason to believe that any provision of this chapter is being or has been violated, to cause an investigation to be made. For the purpose of such investigation the Director of the Department of Human Services, or any of his assistants designated by him in writing, shall have authority at all times during the ordinary business hours to enter any building or other place in the District of Columbia where mattresses are manufactured, renovated, or held for sale, exchange, or gift, or delivery in pursuance thereof. No person shall refuse or obstruct such inspection. Evidence obtained by the Director of the Department of Human Services or his assistants of any violations of this chapter shall be furnished the Corporation Counsel.
(July 3, 1926, 44 Stat. 839, ch. 768, § 7; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1.)
Prior Codifications
1981 Ed., § 6-807.
1973 Ed., § 6-607.
Section References
This section is referenced in § 8-505.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 5 - Manufacture, Renovation, and Sale of Mattresses › § 8–508. Seizure and destruction of mattresses

§ 8–508. Seizure and destruction of mattresses.
If on inspection the Director of the Department of Human Services or his assistants find in the District of Columbia any mattress held for sale, exchange, or gift, or delivery in pursuance thereof, which has been used or is composed in whole or in part of materials which have formed part of any mattress used in or about any sanitarium or hospital or by any individual having an infectious or contagious disease, or is composed in whole or in part of secondhand material which has not been thoroughly sterilized and disinfected by a process approved by the Director of the Department of Human Services, or if the Director of the Department of Human Services or his assistants find in the District of Columbia any such materials held for use in the manufacture or renovation of any mattress, the Director of the Department of Human Services shall, after first making and filing in the public records of his office a written order stating the reason therefor, thereupon without further notice cause such mattress or material intended to be used in the manufacture of any mattress to be seized, removed, and destroyed by summary action.
(July 3, 1926, 44 Stat. 839, ch. 768, § 8; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1.)
Prior Codifications
1981 Ed., § 6-808.
1973 Ed., § 6-608.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 5A - Nonwoven Disposable Products › § 8–521. Definitions

§ 8–521. Definitions.
For the purposes of this chapter, the term:
(1) "Flushable" means a nonwoven disposable product that:
(A) Disperses in a short period of time after flushing in the low-force conditions of a sewer system;
(B) Is not buoyant; and
(C) Does not contain plastic or any other material that does not readily degrade in a range of natural environments.
(2) "Label" means to represent by statement, word, picture, design, or emblem on the packaging of a nonwoven disposable product.
(3) "Nonwoven disposable product" means a product constructed from nonwoven sheets, including moist toilet tissue or cloth, that is designed, marketed, or commonly used for personal hygiene purposes.
(Mar. 11, 2017, D.C. Law 21-220, § 2, 64 DCR 174.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 5A - Nonwoven Disposable Products › § 8–522. Labeling of nonwoven disposable products

§ 8–522. Labeling of nonwoven disposable products.
(a) After January 1, 2018, a manufacturer of a nonwoven disposable product for sale in the District shall not label the nonwoven disposable product as safe to flush, safe for sewer systems, or safe for septic systems, unless the nonwoven disposable product is flushable.
(b) After January 1, 2018, a manufacturer of a nonwoven disposable product for sale in the District that is not flushable must clearly and conspicuously label the nonwoven disposable product to communicate that the nonwoven disposable product should not be flushed.
(Mar. 11, 2017, D.C. Law 21-220, § 3, 64 DCR 174.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 5A - Nonwoven Disposable Products › § 8–523. Enforcement

§ 8–523. Enforcement.
(a) The Mayor may impose civil fines and penalties as sanctions for violations of the provisions of this chapter or any rules issued pursuant to this chapter, pursuant to Chapter 18 of Title 2. Enforcement and adjudication of an infraction shall be pursuant to Chapter 18 of Title 2.
(b) In addition to the enforcement authority provided in subsection (a) of this section, the Attorney General for the District of Columbia may seek injunctive relief or other appropriate remedy in any court of competent jurisdiction to enforce compliance with this chapter.
(Mar. 11, 2017, D.C. Law 21-220, § 4, 64 DCR 174.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 5A - Nonwoven Disposable Products › § 8–524. Rules

§ 8–524. Rules.
The Department of Energy and Environment, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter, including rules to interpret § 8-521(2); provided, that rules to interpret § 8-521(2) shall be made in consultation with the District of Columbia Water and Sewer Authority.
(Mar. 11, 2017, D.C. Law 21-220, § 5, 64 DCR 174.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 5A - Nonwoven Disposable Products › § 8–525. Construction

§ 8–525. Construction.
A violation of this chapter shall not be a violation of Chapter 39 of Title 28.
(Mar. 11, 2017, D.C. Law 21-220, § 6, 64 DCR 174.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6 - Privies › § 8–601. Waterclosets required

§ 8–601. Waterclosets required.
It shall be unlawful for any person or persons to maintain, upon any original lot or any subdivisional lot, situated on any street in the District of Columbia, where there is a public sewer and watermain available for the use of such lot, any system of disposal of human excreta except by means of waterclosets connected with such sewer and watermain.
(Apr. 22, 1940, 54 Stat. 155, ch. 131, § 2.)
Prior Codifications
1981 Ed., § 6-601.
1973 Ed., § 6-701.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6 - Privies › § 8–602. Permit required to maintain privy

§ 8–602. Permit required to maintain privy.
No person shall, in the District of Columbia, erect or maintain a privy, or other means or system for the disposal of human excreta, except by means of waterclosets connected with a sewer and watermain, without having secured from the Director of the Department of Human Services a permit so to do.
(Apr. 22, 1940, 54 Stat. 155, ch. 131, § 3; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1.)
Prior Codifications
1981 Ed., § 6-602.
1973 Ed., § 6-702.
Editor's Notes
Office of Director of Public Health abolished: See Historical and Statutory Notes following § 7-101.