reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 2.00 - General Information › Section 2.02 - Basic Information

Current through Register 1525, July 5, 2024
The Massachusetts Pesticide Control Act was inserted as M.G.L. c. 132B by St. 1978, c. 3, as an emergency law and took effect immediately. The purpose of the Pesticide Control Act is to conform the laws of the Commonwealth of Massachusetts with federal requirements on registration and certification of pesticides as set forth in the Federal Insecticide, Fungicide, and Rodenticide Act,  Public Law 92-516, as amended, (FIFRA), and the federal regulations thereunder. To this end, the Massachusetts Pesticide Control Act creates administrative mechanisms to regulate the labeling, distribution, sale, storage, transportation, use and application and disposal of pesticides. The Massachusetts Act also establishes standards and sets forth prohibitions with regard to each regulatory function.
The responsibility for implementing the commands of the Massachusetts Pesticide Control Act is distributed by the Pesticide Control Act among three governmental bodies.
(1)
Department of Agricultural Resources
. The Massachusetts Department of Agricultural Resources has been designated as the state lead agency for implementation and administration of the Pesticide Control Act and the Massachusetts pesticide program.
The Pesticide Control Act charges the Department with a wide range of specific regulatory functions and empowers it to promulgate and adopt regulations, standards and forms as are necessary for implementation and administration. Among the duties assigned to the Department by the Pesticide Control Act are:
(a) Entering into cooperative agreements and contracts in matters related to M.G.L. c. 132B and FIFRA.
(b) Taking actions necessary to secure for the Commonwealth of Massachusetts the benefits of FIFRA and other federal legislation.
(c) Establishing Advisory Councils.
(d) Declaring pests and devices to be subject to the provisions of M.G.L. c. 132B.
(e) Establishing the fee and preparing and accepting the applications for experimental use permits.
(f) Establishing requirements for licensing and supervising pesticide dealers.
(g) Establishing requirements for certifying, licensing and supervising various categories of pesticide applicators.
(h) Controlling both storage and disposal of pesticides.
(i) Issuing administrative orders to prevent unreasonable adverse effects on the environment or violations under the Pesticide Control Act.
(j) Right of entry and inspection as needed to administer the Pesticide Control Act. Within the Department, the pesticide regulatory functions shall be under the administrative supervision of a Pesticides Program Director.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 2.00 - General Information › Section 2.04 - Advisory Rulings

Current through Register 1525, July 5, 2024
Any interested person or his or her attorney may at any time request an advisory ruling with respect to the applicability of any statute or regulation enforced or administered by the Board to any person, property or factual situation. The request shall be addressed to the Board and sent by mail or delivered in person during normal business hours. All requests shall be signed by the person making it or his or her attorney, shall contain his address or the address of his or her attorney and state clearly and concisely the substance or nature of the request. The request may be accompanied by any supporting data, views or arguments. Upon receipt of the request the Board shall consider it and shall within 90 days after receipt notify the petitioner either that the request is denied or that the Board will render an advisory ruling. The Board may notify any person that an advisory ruling has been requested and may receive or consider data, views and arguments from persons other than the petitioner. The Board may at any time rescind a decision to render an advisory ruling. If an advisory ruling is rendered, a copy of the ruling shall be sent to the person requesting it or his or her attorney, and any other person requesting a copy and paying a reasonable fee therefor. No advisory ruling shall be binding upon the Board or upon any person. A complete record of every advisory ruling shall be maintained by the Board.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 3.00 - Rules For The Conduct Of Board And Subcommittee Business › Section 3.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 333 CMR 3.00 is to establish rules for the conduct of business by the Board and the Subcommittee.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 3.00 - Rules For The Conduct Of Board And Subcommittee Business › Section 3.02 - Definitions

Current through Register 1525, July 5, 2024
For the purpose of 333 CMR 3.00, the definitions set forth in 333 CMR 2.00:
General Information
and 3.02 apply, unless the context or subject matter requires a different interpretation.
Deliberation
. A verbal exchange between a quorum of members of the Board or Subcommittee attempting to arrive at a decision on any public business within its jurisdiction.
Emergency
. A sudden, generally unexpected occurence or set of circumstances demanding immediate action.
Executive Session
. Any meeting or part of a meeting by the Board or Subcommittee which is closed to certain persons for deliberation on certain matters.
Meeting
. Any corporal convening and deliberation of the Board or Subcommittee for which a quorum is required in order to make a decision at which any public policy matter over which the governmental body has supervision, control, jurisdiction or advisory power is discussed or considered; but shall not include any on-site inspection of any project or program.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 3.00 - Rules For The Conduct Of Board And Subcommittee Business › Section 3.03 - Presiding Officer

Current through Register 1525, July 5, 2024
(1)
Board
. The Commissioner of the Department of Agricultural Resources or his or her designee shall be Chairman of the Board. The Board shall elect a Vice Chairman to preside in the absence of the Chairman or his or her designee.
(2)
Subcommittee
. The Director of the Division of Food and Drugs shall be Chairman of the Subcommittee. The Subcommittee shall elect a Vice Chairman to preside in the absence of the Chairman.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 3.00 - Rules For The Conduct Of Board And Subcommittee Business › Section 3.04 - Appointment of Designees

Current through Register 1525, July 5, 2024
(1)
Board
. The Board shall be comprised of those members identified in M.G.L. c. 132B, § 3.
The nomination of a designee shall be made by letter addressed to the Chairman. The nominating letter shall state whether the nomination is general or limited. A letter nominating a limited designee shall state explicitly those responsibilities delegated. A nomination may be revoked at any time by letter to the Chairman.
Once nominated, a general design shall assume all responsibilities pursuant to M.G.L. c. 132B and 333 CMR. A general nomination may be temporarily suspended by the nominating Commissioner or Director by personally appearing at a Board meeting or proceeding and performing the responsibilities of a Board member.
A limited designee shall assume only those responsibilities set forth in the nominating letter. The nominating Commissioner or Director may retain and perform or may further name another designee to perform all other responsibilities. A limited nomination may be temporarily suspended by the nominating Commissioner or Director, by personally appearing at a Board meeting or proceeding and performing the responsibilities of a Board member.
(2)
Subcommittee
. The Subcommittee shall be comprised of those members identified in M.G.L. c. 132B, § 3A.
The nomination of a designee shall be made by letter addressed to the Chairman. The nominating letter shall state whether the nomination is general or limited. A letter nominating a limited designee shall state explicitly those responsibilities delegated. A nomination may be revoked at any time by letter to the Chairman. Once nominated, a general designee shall assume all responsibilities pursuant to M.G.L. c. 132B and 333 CMR. A general nomination may be temporarily suspended by the nominating Commissioner by personally appearing at a Subcommittee meeting or proceeding and performing the responsibilities of a Subcommittee member.
A limited designee shall assume only those responsibilities set forth in the nominating letter. The nominating Commissioner may retain and perform or may further name another designee to perform all other responsibilities. A limited nomination may be temporarily suspended by the nominating Commissioner by personally appearing at a Subcommittee meeting or proceeding and performing the responsibilities of a Subcommittee member.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 3.00 - Rules For The Conduct Of Board And Subcommittee Business › Section 3.05 - Meetings

Current through Register 1525, July 5, 2024
(1)
Time of Meetings
.
(a)
Board
. The Board shall hold an annual meeting in March and shall meet regularly at three other times annually. The Board shall also meet from time to time at the call of the Chairman or upon the written request of any two members.
(b)
Subcommittee
. The Subcommittee shall meet from time to time at the call of the Chairman or upon the written request of any two members.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 3.00 - Rules For The Conduct Of Board And Subcommittee Business › Section 3.07 - Voting

Current through Register 1525, July 5, 2024
(1) Each member of the Board or Subcommittee shall have one vote on any matter to be decided. The adoption, amendment or suspension of rules and regulations requiring Pesticide Board consideration shall require a majority of Board members then in office. The vote required for action by the Board or Subcommittee on all other matters shall be by a majority of all members present, providing there is a quorum.
(2) All votes taken shall be recorded votes and shall become part of the record.
(3) Upon the request of any member of the Board or Subcommittee any vote taken shall be verified by a roll call.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 3.00 - Rules For The Conduct Of Board And Subcommittee Business › Section 3.08 - Delegation of Duties

Current through Register 1525, July 5, 2024
(1)
Chairman
. The Board or Subcommittee may delegate specific responsibilities other than the responsibility for the final decision in any proceedings or any other matter requiring a public hearing to the Chairman.
(2)
Pesticide Program Director
. The Board or Subcommittee may delegate specific responsibilities other than the responsibility for the final decision in any proceeding or any other matter requiring a public hearing to the Pesticide Program Director.
(3)
Board Members
. The Board or Subcommittee may delegate specific responsibilities other than the responsibility for the final decision in any proceeding or any other matter requiring a public hearing to a Board member.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 3.00 - Rules For The Conduct Of Board And Subcommittee Business › Section 3.09 - Representing the Board or Subcommittee

Current through Register 1525, July 5, 2024
No member of the Board or Subcommittee shall presume to represent the Board or Subcommittee without first receiving permission from the Chairman of the Board or Subcommittee officially.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 4.00 - Advisory Councils To The Pesticide Board › Section 4.01 - Purpose

Current through Register 1525, July 5, 2024
333 CMR 4.00 establishes the Advisory Councils to the Pesticide Board and sets forth the procedures whereby their advice shall be sought incident to the development of policy or the adoption, amendment or repeal of regulations.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 4.00 - Advisory Councils To The Pesticide Board › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of 333 CMR 4.00, the definitions set forth in 333 CMR 2.00 apply, unless the context or subject matter requires a different interpretation.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 4.00 - Advisory Councils To The Pesticide Board › Section 4.03 - Councils

Current through Register 1525, July 5, 2024
There shall be the following Pesticide Advisory Councils.
(1)
Applicator Councils.
(a) Private Applicator Council Members shall be appointed from among those who are certified by the Commonwealth as private applicators.
(b) Commercial Applicator Councils
1. There shall be an advisory council for each category of commercial applicator created by the federal government in 40 CFR Section 171.3. Members of each council shall be appointed from among those who are certified by the Commonwealth as commercial applicators in their respective category.
2. There shall be an Advisory Council for each additional category of commercial applicator created by the Commonwealth. Members of each council shall be appointed from among those who are certified by the Commonwealth as commercial applicators in their respective category.
3. There shall be an Aerial Applicators Council. Members of this council shall be appointed from among those who are certified by the Commonwealth as commercial cators and who apply pesticides by aerial means.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 4.00 - Advisory Councils To The Pesticide Board › Section 4.04 - Council Members

Current through Register 1525, July 5, 2024
The Department with the approval of the Board shall appoint members to each Advisory Council from submitted applications. The Commissioner shall annually designate a member to serve as chairman of each Council. Each Council member shall serve for a term of three years. No member shall serve more than three consecutive terms. If there are more than three members on an Advisory Council, the terms of members shall be staggered to insure at least one member's term expires each year. The members of each Council shall serve without compensation and shall not be reimbursed for any expenses incurred by them in the performance of their duties.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 4.00 - Advisory Councils To The Pesticide Board › Section 4.05 - Advisory Procedures

Current through Register 1525, July 5, 2024
(1) Each Advisory Council shall be regarded as representative of the interests of their respective constituency and shall represent those interests before the Board.
(2) Each Advisory Council shall meet at the call of its chairman or at the written request of two members. They shall conduct business at the time, place and according to procedures they agree upon.
(3) The Board shall notify the chairman of each Advisory Council of the agenda of Board meetings and hearings and provide copies of the minutes.
(4) The Advisory Councils shall consult with and advise the Board.
(5) The Advisory Councils shall review the programs and policies of the Board and make recommendations to the Board in regard thereto.
(6) The Advisory Councils may review proposed regulations and legislation and make recommendations to the Board in regard thereto.
(7) As they deem necessary, the Advisory Councils shall suggest new regulations to the Board. They shall also suggest the amendment or repeal of current regulations.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 7.00 - State Experimental Use Permits › Section 7.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose of 333 CMR 7.00 is to establish the standards, requirements and procedures for issuance of state experimental use permits for testing of pesticides under certain specified circumstances consistent with and no less stringent than the requirements of the Federal Insecticide, Fungicide and Rodenticide Act and regulations promulgated thereunder at 40 CFR 172.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 7.00 - State Experimental Use Permits › Section 7.02 - Definitions

Current through Register 1525, July 5, 2024
For the purpose of 333 CMR 7.00, the definitions set forth in 333 CMR 2.00 and in 333 CMR 7.02 apply, unless the context or subject matter required a different interpretation.
Cooperator
, any person who grants permission to a permittee or a permittee's designed participant for the use of an experimental use pesticide at an application site owned or controlled by the cooperator.
Participant
, any person acting as a representative of the permittee and responsible for making available for use, or supervising the use or evaluation of, and experimental use pesticide to be applied at a specific application site.
Permittee
, any applicant to whom an experimental use permit has been granted.
New Chemical
, shall refer to any chemical not contained in one or more federally registered pesticide products.
Unregistered-use
, shall refer to any experimental use of a federally registered pesticide product not otherwise prohibited by accepted labeling.
New Product
, shall be any product that is not registered federally and one with a composition of matter containing active and inert ingredients currently found in other federally registered products consistent with 40 CFR 172.24(c)(2).
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 7.00 - State Experimental Use Permits › Section 7.03 - Permit Requirement

Current through Register 1525, July 5, 2024
(1) State experimental use permits are required to control potential hazards of pesticide experimentation under out-of-door, greenhouse, and domestic animal trial conditions. State Experimental use permits are not required for indoor experimentation, excepting greenhouse and animal test work as specified in 333 CMR 7.00.
(2) All pesticide applications made pursuant to a state experimental use permit must be applied by an applicator certified in Cat. 10 Demonstration and Research or by someone acting under the direct supervision of such a certified applicator.
(3) A state experimental use permit will be required for all experimentation, except as provided for under 333 CMR 7.03(4)(b), with any "new chemical" for which a Federal experimental use permit has been issued or for any new chemical otherwise exempted by Federal experimental use permit requirements under  40 CFR 172.3. A state experimental use permit will not be issued for any other use of a new chemical.
(4) State experimental use permits will further be required as follows:
(a) Outdoor Applications
1. Experminental use of "new chemicals" shall be in accordance with 333 CMR 7.03(3).
2. Experimentation involving "unregistered uses" and "new products".
a. Where plot size is less than ¼ acre -
A state experimental use permit will not be required where an "unregistered use" or a "new product" is applied to less than ¼ acre.
b. Where plot size is between ¼ and ten acres -
A state experimental use permit is required only if the application rate of any active ingredient is higher than any application rate registered by EPA for any other use of the compound regardless of crop.
c. Where plot size is over ten acres -
A state experimental use permit is required for all experiments that involve the application of an "unregistered use" or a "new product" to more than ten acres.
d. Where the material is applied by Aircraft -
A state experimental use permit is required for all experiments that involve the application of an "unregistered use" or a "new product" by aircraft.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 7.00 - State Experimental Use Permits › Section 7.04 - General Provisions

Current through Register 1525, July 5, 2024
(1) The Subcommittee shall refuse to grant an experimental use permit if it believes that the pesticide applications to be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment.
(2) The Subcommittee shall refuse to grant an experimental use permit if it believes that applicant or person to conduct the experimentation is not competent to conduct such experimentation without causing unreasonable adverse effects on the environment.
(3) The Subcommittee may issue a permit subject to such terms, conditions, restrictions and requirements as it deems necessary.
(4) When a pesticide is applied under an experimental use permit, public notice of such use shall be given by the posting of signs stating "Notice Pesticide Testing". Such signs shall be posted at the perimeter of the test area and at every principle entrance fronting on a public road.
Upon application, the Subcommittee may waive this posting requirement, if they determine it is unnecessary to protect the public interest. If a waiver is granted, this information shall be among that given to the Board under the notification provisions of 333 CMR 7.06(3).
(5) No person shall violate any provisions, term condition, restriction or requirement of any experimental use permit.
(6) The permittee shall supervise the test program and evaluate the results of testing at each site of application. The permittee shall report immediately to the Department any adverse effects from the use of or exposure to the pesticide.
(7) Pesticide products used under experimental use permits may not be sold or distributed other than through participants, and, if sold or distributed through participants, may be used only at an application site of a cooperator and in accordance with the terms and conditions of the experimental use permit.
(8) Establishments in which pesticide products under Massachusetts experimental use permits are produced shall be registered as required by  40 CFR 167.2(a)  and producers of such shall maintain books and records are required by  40 CFR 169.2.
(9) Pesticide products and their containers used under 333 CMR 7.00 must be packaged, stored, transported, used and disposed of in accordance with all applicable Massachusetts or Federal Laws and regulations, including the Resource Conservation and Recovery Act of 1976 as amended ( Pub. L. 94-58 U; 9U Stat. 2795;  42 U.S.C. 6901  et seq.) (RCRA), and rules promulgated thereunder.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 7.00 - State Experimental Use Permits › Section 7.05 - Application Procedure for Experimental Use Permit

Current through Register 1525, July 5, 2024
All applications for experimental use permits shall be submitted to the Subcommittee of the Pesticide Board according to the following procedures.
(1)
Applicant Requirements
. Any person may apply for an experimental use permit. An applicant may submit his own application or an applicant may appoint an agent to act on his behalf in permit matters, provided that a notarized letter of appointment signed by the applicant or by an authorized officer of the applicant is submitted. The agent's appointment may be revoked at any time by the same method.
(2)
Application for
(a) An application for an experimental use permit or request for amendment to an existing permit shall be submitted on forms provided by the Subcommittee and shall contain or be accompanied by such information as the Subcommittee shall require. The application shall be accompanied by the permit fee and shall be filed in person or by mail at the offices of the Subcommittee of the Pesticide Board. All applications shall be submitted as far as possible in advance of the intended date of shipment or use.
(b) A separate permit application must be made for each pesticide product.
(c) The application shall be submitted as a complete package including all enclosures and attachments. The application shall include, but is not limited to:
1. Name and address of the applicant:
2. Type of product:
3.
(Reserved)
4. Registration number of the product, if registered:
5. Federal experimental permit number, if one has been issued by EPA:
6. Purpose or objectives of the proposed testing:
7. Designation of the pest organism involved:
8. Amount of pesticide product proposed for use:
9. Method of application:
10. Crops, fauna, flora, sites, modes, dosage rates and situation of application on or in which the pesticide is to be used;
11. Proposed dates or periods during which the testing program is to be conducted;
12. Manner in which supervision of the program will be accomplished;
13. Name, street address, telephone number, and qualifications of all participants in the program, whether or not in the employ of the applicant. A permit must be amended to add or change participants;
14. Name and street address, of all cooperators, if available at the time an application is submitted or as soon thereafter as available;
15. (Reserved)
16. The proposed method of storage and disposition of any unused experimental use pesticide and its containers:
17. The proposed method of disposal of a treated commercial crop that does not meet Environmental Protection Agency tolerances for that crop or for which no tolerance has been set.
18. Such other information as the Subcommittee may require.
(d) Any information required in 333 CMR 7.05(2)(c) may be submitted in the form of a copy of the Federal Environmental Protection Agency Experimental Use Permit and appropriate attachments.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 7.00 - State Experimental Use Permits › Section 7.06 - Disposition of Application

Current through Register 1525, July 5, 2024
The Subcommittee may issue or refuse to issue an experimental use permit according to the procedures of 333 CMR 7.06.
(1)
Time for Action
. All applications for permits, renewals, or amendment will be processed as expeditiously as possible. Where practicable the Subcommittee shall approve or deny an application within 90 days of receipt.
(2)
Permit.
(a)
General Provision
. All applications for experimental use permits for pesticides already issued a federal experimental use permit by the United States Environmental Protection Agency shall be approved by the Commonwealth of Massachusetts and permits shall be issued with the same terms and conditions as those imposed by EPA, except those individually reviewed by the Subcommittee and denied or further restricted pursuant to the procedures set forth in 333 CMR 7.06(2).
(b)
Criteria for Individual Review
. The Subcommittee shall individually review all applications for which no permit has been issued by the EPA, and may individually review those applications;
1. Recommended for review by the Department.
2. As deemed necessary by the Subcommittee.
(c)
Criteria for Granting Permit
. In reaching its decision on issuing an experimental use permit, the Subcommittee shall consider a number of factors, including, but not limited to the following:
1. Material submitted pursuant to 333 CMR 7.05(2).
2. The recommendation of the Department.
3. Input from Advisory Councils and hazard reviewers associated with Section 24-C of FIFRA.
(d)
Conditions
. All permits shall be issued subject to all requirements imposed by the Massachusetts Pesticide Control Act, FIFRA, and the regulations promulgated under either.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 7.00 - State Experimental Use Permits › Section 7.07 - Permit Documents

Current through Register 1525, July 5, 2024
The Subcommittee shall issue permit documents only after the applicant has successfully complied with the procedure set forth in 333 CMR 7.05 and 7.06. The permit documents shall include, at least, the following information: applicant's name; address; permit number; any limitations or restrictions; and the departmental validation.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 7.00 - State Experimental Use Permits › Section 7.08 - Modification Suspension and Revocation

Current through Register 1525, July 5, 2024
The Subcommittee may, at any time, suspend any experimental use permit, pending inquiry, for no longer than ten days, and after affording the permittee notice and an opportunity to be heard, may revoke, or modify the provisions, of the permit, if it finds:
(1) Its terms or conditions are being violated, or are inadequate to avoid unreasonable adverse effects on the environment, or
(2) The permittee has made a false or misleading statement in the application, or
(3) The permittee has violated any provision of the Massachusetts Pesticide Control Act, or FIFRA, or any regulations, standards, orders or permit issued under either.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 7.00 - State Experimental Use Permits › Section 7.09 - Reporting Requirement

Current through Register 1525, July 5, 2024
A report shall be submitted, by the applicant, to the Subcommitee within six months of the conclusion of the experimental pesticide treatment or the expiration date of the experimental use permit. The report will include the data gathered during the testing program; the dates of application; the total quantities of pesticide used; a description of the disposition of any pesticide containers and any unused pesticides, including amounts disposed of and the method and site of disposition; any indication of adverse health or environmental effects; and any other information the Subcommittee deems necessary.
The permittee shall report immediately to the Department any indication of adverse effects to humans or the environment from the use of or exposure to the pesticide.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 7.00 - State Experimental Use Permits › Section 7.10 - Rights of Appeal

Current through Register 1525, July 5, 2024
Any person aggrieved by a determination by the Subcommittee to issue, deny, suspend, revoke or modify any experimental use permit may request within 21 days an adjudicatory hearing before the Board as provided for in M.G.L. c. 132B, § 13.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 7.00 - State Experimental Use Permits › Section 7.11 - Penalties

Current through Register 1525, July 5, 2024
Any person who violates any provision of 333 CMR 7.00 shall be subject to the criminal and civil penalties set forth in M.G.L. c. 132B, § 14.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 8.00 - Registration Of Pesticide Products › Section 8.01 - Registration Requirement

Current through Register 1525, July 5, 2024
No person shall distribute, purchase or use a federally registered or special local needs pesticide in Massachusetts unless it has been registered by the Subcommittee. This prohibition shall not apply to:
(1) pesticides labelled for manufacturing, repackaging, or formulation use only and which have no label specifications for use against target pests; and
(2) pesticides used for experimental purposes in accordance with the provisions of 333 CMR 7.00
et. seq
.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 8.00 - Registration Of Pesticide Products › Section 8.02 - Application for Registration

Current through Register 1525, July 5, 2024
(1)
Application:
Any person desiring to register a pesticide shall submit, on a form provided by the Department, an application for registration. The application will request sufficient information for the Subcommittee to reach a determination on registration or classification. The application shall be accompanied by the registration fee established by the Executive Office of Administration and Finance. The fee shall be paid by check or money order, payable to the Commonwealth of Massachusetts.
(2)
Incomplete Applications:
All applications received by the Subcommittee will be reviewed by the Department for completeness. Any incomplete application will be returned to the applicant with a notice stating the specific deficiencies.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 8.00 - Registration Of Pesticide Products › Section 8.03 - Individual Review

Current through Register 1525, July 5, 2024
(1)
Criteria
: The Subcommittee shall individually review for registration and classification those pesticides:
(a) containing an active ingredient which has not been previously registered in the state;
(b) for which a special local needs registration has been requested;
(c) to be utilized pursuant to an experimental use permit;
(d) with an active ingredient or use pattern which the Subcommittee determines may cause an unreasonable adverse effect(s) on the environment when used in accordance with label directions. This determination shall be made by majority vote of the Subcommittee.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 8.00 - Registration Of Pesticide Products › Section 8.04 - Disposition of Application

Current through Register 1525, July 5, 2024
(1)
General Provisions
: After review of the application, the Subcommittee may register and classify, or refuse to register, any pesticide for distribution, sale or use in the Commonwealth of Massachusetts. The Subcommittee may register a product in accordance with the following classifications:
(a)
General Use
: If the subcommittee determines that a pesticide, when used in accordance with directions for use, warnings and cautions and for the uses for which they are registered, or for one or more such uses, will not generally cause unreasonable adverse effects on the environment, including the applicator it may register and classify the pesticide as being for general use. This classification shall include all pesticides registered by the United States Environmental Protection Agency pursuant to FIFRA, and not classified as restricted, except those pesticides that are individually reviewed and differently classified, or denied registration, by the Subcommittee.
(b)
Restricted Use
. If the Subcommittee determines that a pesticide, when used in accordance with directions for use, warnings and cautions and for the use for which it is registered, or for one or more such uses, may cause, without additional restriction, unreasonable adverse effects on the environment, including injury to the applicator it may register and classify the pesticide for restricted use. This classification shall also include all pesticides that are registered by the United States Environmental Protection Agency pursuant to FIFRA, that are classified as restricted, and those pesticides that are individually reviewed and differently classified by the Subcommittee.
Restricted use pesticides may be further classified as State Limited Use when the Subcommittee determines that use of the pesticide:
1. should be restricted to certain individuals or groups;
2. requires permission from the Department prior to each use; or
3. requires further restriction, in any other manner.
(c)
Special Local Need
: If the Subcommittee determines that an existing or imminent pest problem is within the state, that an appropriately federally registered pesticide is not sufficiently available, and that the pesticide, when used in accordance with labeling directions will not cause unreasonable adverse effects on humans or the environment, and the pesticide meets all other criteria required by FIFRA, it may register the pesticide for special local need.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 8.00 - Registration Of Pesticide Products › Section 8.05 - Re-registration

Current through Register 1525, July 5, 2024
(1) If an applicant desires to re-register a product, an application with the fee established by the Executive Office of Administration and Finance, must be submitted to the Subcommittee in accordance with the procedure set forth in 333 CMR 8.00, except for pesticides registered on the date of the application.
(2) If a pesticide is registered on the date of the application:
(a) separate registration applications for each product are not required if there has been no change in the information and data submitted in support of the original application for registration and this information need not be resubmitted;
(b) the pesticide shall automatically be registered upon application and classified the same as the previous year unless the Subcommittee decides to individually review the pesticide;
(c) the registration shall be deemed to be in effect until the earlier of the following two dates occur, 90 days have elapsed after the registration was scheduled to expire, or the subcommittee notifies the applicant for re - registration that the registration has been renewed , modified or denied . The registration year will be from July 1, to June 30.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 8.00 - Registration Of Pesticide Products › Section 8.06 - Registration List

Current through Register 1525, July 5, 2024
The Department shall maintain at its offices, for public inspection and copying a list of Massachusetts restricted use pesticides, state limited use pesticides and those pesticides registered by the Environmental Protection Agency, but denied registration in Massachusetts.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 8.00 - Registration Of Pesticide Products › Section 8.07 - Modification, Suspension and Revocation

Current through Register 1525, July 5, 2024
(1) The Subcommittee may, at any time, suspend a pesticide registration if it determines that:
(a) a pesticide registration does not comply with provisions of the Massachusetts Pesticide Control Act, FIFRA, and regulations promulgated under either;
(b) when used as registered a pesticide may cause unreasonable adverse effect on the environment; or
(c) a registered pesticide is an imminent hazard.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 8.00 - Registration Of Pesticide Products › Section 8.08 - Right of Appeal

Current through Register 1525, July 5, 2024
Any person aggrieved by the decision of the Subcommittee to register a pesticide, or to the classification of a pesticide, or to suspend, revoke or modify a pesticide registration, may request within 2 1 days of receipt of the decision, an adjudicatory hearing before the Board as provided for in M. G. L. c. 132B, § 13.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 8.00 - Registration Of Pesticide Products › Section 8.09 - Penalties

Current through Register 1525, July 5, 2024
Any person who violates any provision of 333 CMR 8.00 shall be subject to the criminal and civil penalties set forth in M.G.L. c. 132B, § 14.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 9.00 - Licensing Of Pesticide Dealers › Section 9.02 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of 333 CMR 9.00, the definitions set forth in 333 CMR 2.00 and in 333 CMR 9.02 apply, unless the context or subject matter requires a different interpretation.
Contamination and Pollution
, means the presence in the environment (air, land, water or food) of one or more pesticides, degradation products of pesticides or formulation constituents or combinations thereof in such concentration and of such duration as to cause an unreasonable adverse effect on the environment as determined by the Department.
Damage and Injury
, as used in 333 CMR 9.00 shall mean to cause an unreasonable adverse effect on the environment.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 9.00 - Licensing Of Pesticide Dealers › Section 9.03 - License Requirement

Current through Register 1525, July 5, 2024
No person shall distribute pesticides classified by the Subcommittee as being for restricted or state limited use unless that person is in possession of a currently valid license issued by the Department. At least one licensee shall be required for each location or outlet from which restricted or state limited use pesticides are distributed. Each salesman operating outside of the outlet, and each direct sales representative of an out-of-state distributor must be licensed separately. The Department shall grant pesticide dealer licenses subject to such terms, conditions, restrictions and provisions as it deems necessary or appropriate.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 9.00 - Licensing Of Pesticide Dealers › Section 9.04 - General Provisions

Current through Register 1525, July 5, 2024
(1) No person shall distribute a pesticide that is not registered by the Subcommittee. This prohibition shall not apply.
(a) To transfer of a pesticide from one plant or warehouse to another plant or warehouse and used solely at such plant or warehouse as a constituent part to make a pesticide which is or will be registered.
(b) To the use of a pesticide consistent with the terms of an experimental use permit.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 9.00 - Licensing Of Pesticide Dealers › Section 9.06 - License Documents

Current through Register 1525, July 5, 2024
The Department shall issue license documents only after the applicant has successfully complied with the procedure set forth in 333 CMR 9.05. The license documents shall include, at least, the following information: name; address; license number; any limitations or restrictions; the departmental validation and the applicant's signature. The document shall be available at the point of sale.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 9.00 - Licensing Of Pesticide Dealers › Section 9.07 - Modification Suspension and Revocation

Current through Register 1525, July 5, 2024
The Department may suspend any license, pending a preliminary inquiry, for no longer than ten days, and after affording the license holder notice and an opportunity for a hearing, may revoke or modify the provisions of any license, if it finds:
(1) That the terms, conditions or restrictions thereof, are being violated or are inadequate to avoid unreasonable adverse effects on the environment, or
(2) That the license holder has made a false or misleading statement in the application, or
(3) That the license holder has violated any provision of the Massachusetts Pesticide Control Act, or FIFRA, or any regulations, standards, orders or license issued under either.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 9.00 - Licensing Of Pesticide Dealers › Section 9.08 - Record Keeping Requirements

Current through Register 1525, July 5, 2024
(1) Licensed dealers, or their employers, are required to keep true and accurate records containing the following information on each distribution or sale of a restricted or state limited use pesticide:
(a) The signature of purchaser and his agent:
(b) Customer's certification number:
(c) Identification of pesticide purchased:
(d) Quantity purchased:
(e) Date of purchase:
(f) Other information as deemed necessary by the Department.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 9.00 - Licensing Of Pesticide Dealers › Section 9.09 - Rights of Appeal

Current through Register 1525, July 5, 2024
Any person aggrieved by a determination by the Department to issue, deny, suspend, revoke or modify any license may request within 21 days an adjudicatory hearing before the Board as provided for in M.G.L. c. 132B, § 13.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 9.00 - Licensing Of Pesticide Dealers › Section 9.10 - Penalties

Current through Register 1525, July 5, 2024
Any person who violates any provision of 333 CMR 9.00 shall be subject to the criminal and civil penalties set forth in M.G.L. c. 132B, § 14.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators › Section 10.03 - Categorization of Commercial Applicators of Pesticides

Current through Register 1525, July 5, 2024
Every commercial applicator who uses or supervises the use of a restricted or state limited use pesticide in any of the following categories must be certified for that category or subcategory. The categories and subcategories for commercial applicators are:
(1)
Agricultural Pest Control
- includes applicators who make or supervise applications of pesticides useful in the production of agricultural commodities and includes bulk application of fertilizer pesticide mixtures and treatments applied to grasslands and non-crop agricultural lands. Also included are applicators of pesticides to farm and domestic animals or to structures or areas in or on which such animals are confined. Doctors of Veterinary Medicine unless engaged in the business of applying pesticides for hire, publicly holding themselves out as pesticide applicators, or engaged in large scale use of pesticides are excluded from this category.
(2)
Forest Pest Control
- includes applicators who make or supervise applications to forest, forest nurseries or forest seed producing areas; including governmental employees operating on public or private lands.
(3)
Ornamental and Turf Pest Control
(a)
Shade Trees and Ornamentals
- includes applicators, (including those who make application to recreational areas, golf courses, parks, arboretums, or for governmental agencies, or business entities or projects operation on public or private lands), who take or supervise applications to ornamental trees, shrubs or flowers.
(b)
Turf
- includes applicators who make or supervise applications to grassed areas including those who make applications to the areas and in the situations enumerated above under Shade Trees and Ornamentals.
(c)
Interior Landscaping
- includes applicators who make pesticide applications to maintain plants indoors in such areas as public and private buildings.
Code of Massachusetts Regulations › 333 CMR - PESTICIDE BOARD › Title 333 CMR 10.00 - Certificate and licensing of Pesticide Applicators › Section 10.04 - Standards for Certification of Commercial Applicators

Current through Register 1525, July 5, 2024
Competence in the use and handling of pesticides shall be determined on the basis of written examinations, and, as appropriate, performance testing, based upon standards set forth 333 CMR 10.04(1) through (3) and which are approved by the Administrator. Such examination and testing shall include the general standards applicable to all categories, the specific standards identified for each category or subcategory (if any) in which an applicator is to be classified and standards for supervision of non certified applicators. Those who apply or supervise the application by non-certified applicators of pesticides aerially, shall be required to take an additional examination on aerial application safety, calibration and techniques.
(1)
Genera l Standards for All Categories and Subcategories of Commercial Applicators
. All commercial applicators must demonstrate a practical knowledge of principles and practices of pest control and safe use of pesticides. Examination is to be based upon training materials and training session content related to problems and situations associated with the categories or subcategories in which the applicant wishes to be certified including the following areas:
(a)
Label and Labeling Comprehension
1. General format and terminology;
2. Understanding of instructions, warnings, terms symbols, and other information commonly appearing on pesticide labels;
3. Product classification - general or restricted;
4. Necessity for use consistent with label except as otherwise allowed by interpretations or regulations.