reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.01 - General Regulations › Section 15.04.01.05 - Grade and Size Classifications

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				The standards of quality for individual shell eggs sold in Maryland shall be in
				accordance with the official standards of the U.S. Department of Agriculture, 7
				CFR § 56.200.
B. The
				tolerances allowable for grades of shell eggs sold in Maryland shall be in
				accordance with the official standards of the U.S. Department of Agriculture
				for Consumer Grades AA, A, and B allowed at destination, 7 CFR §§
				56.216 and 56.217.
C. The size
				(weight) classification for shell eggs sold in Maryland shall be in accordance
				with the official U.S. Department of Agriculture Weight Classes for eggs as
				follows:
Table of Weight Classes
Size orweight class
Minimumnet weightper dozen
Minimumnet weightper 30 dozen
Minimumweight forindividualeggs at rateper dozen
Ounces
Pounds
Ounces
Jumbo
30
56
29
Extra large
27
501/2
26
Large
24
45
23
Medium
21
391/2
20
Small
18
34
17
Peewee
15
28
-
D.
				All advertising of eggs shall plainly and conspicuously indicate their proper
				grade and size classification and comply with the provision of Regulation .04F
				of this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.01 - General Regulations › Section 15.04.01.06 - Stop Sale

Current through Register Vol. 51, No. 14, July 12, 2024
Written "stop sale" orders may be issued when it is found
				  that eggs are being sold, offered, or exposed for sale in violation of any of
				  the provisions of law, or of any regulation promulgated pursuant to it. When a
				  "stop sale" order has been issued, it shall be unlawful for anyone to remove
				  either the eggs which are the subject of the order or the order, including
				  copies of it, until ordered released by an authorized agent of the
				  Department.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.01 - General Regulations › Section 15.04.01.07 - Special Grades

Current through Register Vol. 51, No. 14, July 12, 2024
A. Maryland
				Fancy. The following special grade of eggs of a standard superior to Grade A
				eggs for use on a voluntary basis for eggs produced in Maryland is established
				under the authority granted to the Secretary under Agriculture Article, §
									4-306, Annotated Code of
				Maryland:
(1) This grade of eggs shall be
				known as Maryland Fancy grade and the eggs shall be produced and packed in
				Maryland.
(2) The standard of
				quality for individual eggs shall be the same as the standard of quality of
				U.S. AA eggs. Final determination as to meeting the standard of quality for
				shell eggs shall be made by candling or other acceptable methods as determined
				by the Secretary.
(3) The weight
				classes for Maryland Fancy grade of eggs shall be expressed as minimum net
				weight for individual eggs at the rate per dozen as follows:
(a) Jumbo, 30 ounces;
(b) Extra large, 27 ounces;
(c) Large, 24 ounces; and
(d) Medium, 21 ounces.
(4) Maryland Fancy eggs shall be at least 90
				percent of Fancy quality when packed, candled, and packed by the producer or
				other authorized egg processors in authorized sealed or otherwise approved
				cartons bearing name and address, date when candled, and registry number. The
				eggs allowed by tolerance when packed may not be below Grade A
				quality.
(5) A person may not pack
				the Maryland Fancy grade for sale without first applying for registration and
				being issued a registry number. Applications for registration and registry
				number identifying seals or approved egg cartons shall be made to the
				authorized agents of the Department. Registration may be revoked for due
				cause.
(6) Registrants shall be
				required to submit information on Department form "Special Grades Inspection"
				relative to production, handling, distribution, and sales of Maryland Fancy
				grade eggs and their egg producing and packing facilities inspected and
				approved by an authorized agent of the Department.
(7) The registrant agrees to authorize the
				Department, through its authorized agents, to conduct an annual inspection of
				its premises and such additional inspections as the Secretary deems necessary
				to assure compliance with this regulation.
(8) The annual registration fee for the
				marketing of Maryland Fancy grade eggs shall be $20 per year.
(9) Tolerances. A tolerance of 15 percent in
				quality will be allowed at the retail level. The eggs allowed by tolerance may
				not be below Grade A quality. There shall be no tolerance permitted for the
				size of eggs.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.01 - General Regulations › Section 15.04.01.08 - Prerequisites for Packing Shell Eggs

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation does not apply to a person
				who packs shell eggs that are sold for pasteurization.
B. A packer, including a repacker, shall:
(1) Register with the Department as provided
				under Regulation .09 of this chapter;
(2) On cartons of eggs and cases of loose
				eggs, legibly print, as provided under §C of this regulation, using a
				color of permanent ink that contrasts with the container's background, the
				following:
(a) A notice requiring that eggs
				be refrigerated;
(b) The name and
				address of the distributor, packer, or repacker;
(c) The registration number of the packer
				and, if the eggs have been repacked, the registration number of the
				repacker;
(d) The lot designations
				of the eggs;
(e) The identity of
				the product as eggs;
(f) The
				classification (size or weight) of the eggs;
(g) The quantity of eggs; and
(h) The grade of eggs;
(3) On cases containing eggs packed in
				cartons (if the required information is printed on the cartons), using a color
				of permanent ink that contrasts with the container's background, legibly print
				on either end of the case where the handles are located:
(a) A notice requiring that eggs be
				refrigerated;
(b) The identity of
				the product as eggs; and
(c) The
				eggs' grade term and size (weight) classification.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.01 - General Regulations › Section 15.04.01.10 - Quarterly Reports and Inspection Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Certain Packers Exempt. A packer who keeps
				3,000 or fewer chickens and who sells, offers, or exposes for sale shell eggs
				only from these chickens is not required to submit a quarterly report or pay an
				inspection fee.
B. Submission of
				Quarterly Report. For each business location from which eggs are sold or
				delivered to a retailer, food service facility, or consumer in Maryland, a
				packer or distributor shall submit a quarterly report, on a form provided by
				the Department, showing the number of eggs it has sold or delivered to those
				persons.
C. Payment of Inspection
				Fee. With each quarterly report, the packer or distributor shall include the
				inspection fee due for that quarter, calculated at a rate of 8 cents per 30
				dozen cases shown on the report.
D.
				Quarterly Time Frames. The quarterly time frames on which a packer or
				distributor is to base its quarterly reports and the deadlines for submitting
				these reports and paying the appropriate inspection fee are as follows:
(1) First Quarter: January, February, and
				March-----report and inspection fee due not later than April 30;
(2) Second Quarter: April, May, and
				June-----report and inspection fee due not later than July 30;
(3) Third Quarter: July, August, and
				September-----report and inspection fee due not later than October
				30;
(4) Fourth Quarter: October,
				November, and December-----report and inspection fee due not later than January
				30.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.01 - General Regulations › Section 15.04.01.11 - Designation of Agent

Current through Register Vol. 51, No. 14, July 12, 2024
For the purpose of enforcing the regulations contained in
				  this chapter, the Secretary may designate an agent of the Department of Health
				  and Mental Hygiene as the Secretary's representative.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.02 - Use of Trade-Marks for Maryland Fresh and Maryland Fancy Eggs › Section 15.04.02.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. "Department"
				means the Department of Agriculture of Maryland and its designee.
B. "Secretary" means the Secretary of
				Agriculture and his designee.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.02 - Use of Trade-Marks for Maryland Fresh and Maryland Fancy Eggs › Section 15.04.02.02 - Eligibility to Use Insignia

Current through Register Vol. 51, No. 14, July 12, 2024
Persons approved by the Secretary or his authorized
				  representative to pack and sell eggs as Maryland Fresh or Maryland Fancy eggs
				  as provided in the Maryland Egg Law and subject regulations shall be eligible
				  to apply to the Department to use the appropriate insignia.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.02 - Use of Trade-Marks for Maryland Fresh and Maryland Fancy Eggs › Section 15.04.02.03 - Applications

Current through Register Vol. 51, No. 14, July 12, 2024
Application to use the insignia shall be made, on an annual
				  basis, on forms provided by the Department.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.02 - Use of Trade-Marks for Maryland Fresh and Maryland Fancy Eggs › Section 15.04.02.04 - Submitting of Designs for Cartons

Current through Register Vol. 51, No. 14, July 12, 2024
Applicants shall submit the designs or art work for all
				  cartons on which the insignia is to appear to the Department or its authorized
				  representative before its use.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.02 - Use of Trade-Marks for Maryland Fresh and Maryland Fancy Eggs › Section 15.04.02.05 - Minimum Width of Insignia

Current through Register Vol. 51, No. 14, July 12, 2024
The minimum width of the insignia on any egg carton shall be
				  1-1/2 inches.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.02 - Use of Trade-Marks for Maryland Fresh and Maryland Fancy Eggs › Section 15.04.02.06 - Required Colors

Current through Register Vol. 51, No. 14, July 12, 2024
The insignia is to be reproduced on egg cartons in black
				  printing on a gold background, except that other colors may be permitted if, in
				  the opinion of the Secretary or his authorized representative, those colors are
				  compatible with the design of the carton.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.02 - Use of Trade-Marks for Maryland Fresh and Maryland Fancy Eggs › Section 15.04.02.07 - Reports

Current through Register Vol. 51, No. 14, July 12, 2024
Authorized users of the insignia will be required, from time
				  to time, to make reports, on forms furnished by the Department, showing the
				  volume of eggs packed and sold in cartons bearing the insignia and other
				  related information. Any information obtained from these reports shall be kept
				  confidential as to individual source but this may not prohibit the compilation
				  and issuance of reports from the information required from a number of sources
				  that does not disclose the identity of any single source.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.02 - Use of Trade-Marks for Maryland Fresh and Maryland Fancy Eggs › Section 15.04.02.08 - Suspension or Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
Authorization to use the insignia may be revoked or suspended
				  by the Secretary or his authorized representative upon satisfactory proof that
				  the user has violated any provision of the Agriculture Article of the Annotated
				  Code of Maryland, Subtitle "Maryland Egg Law".
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.02 - Use of Trade-Marks for Maryland Fresh and Maryland Fancy Eggs › Section 15.04.02.09 - Restriction

Current through Register Vol. 51, No. 14, July 12, 2024
A person, corporation, partnership, or other business entity
				  may not use the term "Maryland Fresh" or "Maryland Fancy" in the business or
				  firm name, corporate title, trademark, trade name, or other
				  nomenclature.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 04 - MARYLAND EGG LAW › Chapter 15.04.02 - Use of Trade-Marks for Maryland Fresh and Maryland Fancy Eggs › Section 15.04.02.10 - Form of Insignia

Current through Register Vol. 51, No. 14, July 12, 2024
Authorized insignia users may use the old or new insignia
				  until January 1, 1976, unless otherwise suspended or revoked. After January,
				  1976, only the new insignia as reproduced below shall be used:
Click here to
				  view Image
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.02 - General Requirements for Applying or Recommending Pesticides

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation
				sets forth the general requirements which a person, when applying or
				recommending a pesticide, shall follow.
B. Pesticide Use or Recommendation. When
				using or recommending pesticides, a person shall:
(1) Use or recommend only those pesticides
				which are registered with the Department;
(2) Use or recommend pesticides in strict
				accordance with:
(a) The Maryland Pesticide
				Applicators Law;
(b) The Maryland
				Pesticide Registration and Labeling Law; and
(c) Except as otherwise provided by State and
				federal law, the manufacturer's labeling directions;
(3) Observe all precautions in the handling,
				use, storage, and disposal of pesticides and their containers so that:
(a) Pesticides do not move from the intended
				site of application;
(b) Nontarget
				areas or organisms, including humans, do not suffer injury; and
(c) Unreasonable adverse effects on the
				environment do not occur or are minimized; and
(4) Comply with 40 CFR 165 (Pesticide
				Management and Disposal) and 40 CFR 170 (Worker Protection Standard), as
				amended, which are incorporated by reference.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.03 - General Requirements for Licensees, Permittees, Certificate Holders, or Registered Employees

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Licensing Requirements.
(1) A private
				applicator shall obtain a certificate as provided under Regulation .07 of this
				chapter.
(2) A pest control
				applicator, pest control consultant, or public agency applicator shall obtain a
				certificate as provided under Regulation .08 of this chapter.
(3) Each place of business performing pest
				control shall be licensed as provided under Regulation .10 of this
				chapter.
(4) A public agency
				performing pest control shall obtain a permit as provided under Regulation .11
				of this chapter.
(5) A person who
				sells or distributes restricted use pesticides shall obtain a permit as
				provided under Regulation .13 of this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.05 - Specific Requirements for Fumigation Operations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requirements Pertaining to Employees. To
				perform fumigation work, an employee of a licensee, permittee, or certificate
				holder shall:
(1) Be trained in fumigation
				practices;
(2) Have adequate
				knowledge of the fumigant; and
(3)
				Be provided with safety equipment necessary for the employee's
				protection.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.06 - Specific Requirements for Storing Pesticides

Current through Register Vol. 51, No. 14, July 12, 2024
A. Minimum Requirements for Storing Nonbulk
				Pesticides. At a minimum, a person licensed, certified, permitted, or
				registered by the Department under this chapter who is storing nonbulk
				pesticides shall ensure that the pesticides being stored and the pesticide
				storage areas meet the following requirements:
(1) The storage area shall be secured or
				locked to prevent unauthorized access;
(2) Pesticides shall be stored in a separate
				building or, at a minimum, shall be separated by a physical barrier from living
				and working areas and from food, feed, fertilizer, seed, and safety
				equipment;
(3) A warning sign
				approved by the Department shall be placed on the exterior of the storage
				area;
(4) Pesticides shall be
				stored in a dry, ventilated area;
(5) The pesticide storage area shall be kept
				clean;
(6) A supply of absorbent
				material sufficient enough to absorb a spill equivalent to the capacity of the
				largest container in storage shall be kept in the storage area;
(7) The storage area shall contain only
				pesticide containers that are properly labeled and are free of leaks;
(8) The storage area shall have an
				appropriate fire extinguisher available; and
(9) Pesticides shall be stored in an area
				located at least 50 feet from any water well or stored in secondary containment
				approved by the Department.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.07 - Private Applicator Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each applicant for a private applicator
				certificate shall obtain from the Department a certificate before the initial
				purchase or use of a restricted use pesticide.
B. Each applicant shall apply to the
				Department, using a Departmental form.
C. Each applicant for a private applicator
				certificate shall be 16 years old or older, demonstrate proof of practical
				knowledge of pest control, and meet the following requirements:
(1) Pay a certificate fee of $7;
(2) Pass an examination given by the
				Department.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.08 - Pest Control Applicator, Pest Control Consultant, and Public Agency Applicator Certification, and Categories of Pest Control

Current through Register Vol. 51, No. 14, July 12, 2024
A. Certification. A person shall apply to the
				Department, using Departmental forms, for certification as a pest control
				applicator, pest control consultant, or public agency applicator in any of the
				following categories or subcategories of pest control:
(1) Agricultural. This category consists of
				the following subcategories:
(a) Plant. This
				subcategory authorizes a pest control applicator, public agency applicator, or
				pest control consultant to perform pest control:
(i) In the production of agricultural crops
				including, but not limited to, small grains, soybeans, forage, tobacco,
				vegetables, small fruits, and tree fruits; and
(ii) On grasslands and noncrop agricultural
				lands.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.09 - Examinations for Certification of Pest Control Applicator, Pest Control Consultant, and Public Agency Applicator

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each applicant for certification shall
				pass a written examination, given by the Department, in each category for which
				the applicant qualifies. Each applicant shall apply to the Department at least
				1 month before the scheduled examination date and specify the category in which
				the applicant seeks to be certified.
B. The Department shall give the examination
				at least twice a year.
C. An
				applicant shall correctly answer 70 percent of each examination.
D. There is a $10 fee for each reexamination.
				Public agency certificate applicants are exempt from the fee.
E. An individual who has not renewed the
				certificate by its expiration date, June 30th of each year, may be reexamined
				as provided by this chapter.
F. An
				individual who passes an examination, but does not complete the other
				requirements for certification within 1 year from the date of the examination,
				shall be required by the Department to retake the examination.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.10 - Licenses - Types and Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Types. Each place of business performing
				pest control shall be licensed in those categories in which it operates. The
				licenses are:
(1) Pesticide business
				license-issued to a business performing pest control work;
(2) Pest control consultant license-issued to
				a business providing pest control consultation; and
(3) Not-for-hire license-issued to a person
				who performs, or whose employees perform, pest control services on property
				that is:
(a) Owned by the person;
				and
(b) Open to, or routinely used
				or enjoyed by members of the public, at the person's express or implied
				invitation, even though a fee or other charge may be administered for the
				property's use or enjoyment.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.11 - Public Agency Permit - Operation and Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Operation. A public agency that performs
				pest control shall annually obtain a public agency permit indicating those
				categories in which the Department authorizes it to perform pest
				control.
B. Requirements. An
				applicant for a permit annually shall apply to the Department on Departmental
				forms and designate an individual who is certified in those categories in which
				the agency is permitted to do pest control.
C. Records. Records of each pest
				identification, pesticide recommendation, and pesticide application shall be
				made as provided in Regulation .12 of this chapter.
D. Duration. A public agency permit is valid
				beginning July 1, or whenever obtained, until June 30.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.12 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
Each licensee and permit holder shall maintain for 2 years
				  records of each pest identification, pesticide recommendation, or pesticide
				  application, and shall make these records immediately available, on request, to
				  the Department. The following information shall be recorded, when
				  applicable:
A. Name of applicator or
				consultant;
B. Date of application,
				recommendation, or pest identification;
C. The plant, animal, or site to which the
				pesticide was applied or recommended, and the pest to be controlled;
D. Acreage, square footage, cubic footage,
				linear footage, or numbers of plants or animals or a description of the area or
				structure treated with the acreage, square footage, cubic footage, or linear
				footage recorded when label instructions specify these measurements;
E. Address of treated property;
F. Name of owner or tenant of
				property;
G. Common name and EPA
				registration number of pesticide or pesticides used or recommended;
H. Rate and concentration of pesticides used
				or recommended;
I. Total amount of
				pesticide used;
J. Type of
				equipment used;
K. Time of day of
				application; and
L. The direction
				and estimated velocity of the wind at the site when the pesticide was applied,
				although this information need not be recorded if the application consists of
				baits in bait stations or is made in, or within 3 feet of, a
				structure.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.13 - Dealer Permit - Operation, Requirements, and Restrictions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Operation. A
				person who sells or distributes restricted use pesticides shall hold a dealer
				permit from the Department.
B.
				Requirements. An applicant for this permit shall:
(1) Apply to the Department;
(2) List the dealer's name or business name,
				location, and phone number;
(3)
				Assign an individual to act as the Department's contact at the dealer's
				business office;
(4) Keep sales
				records as outlined in §E of this regulation; and
(5) Pay a $25 permit fee.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.14 - Standards for Inspection for Pests

Current through Register Vol. 51, No. 14, July 12, 2024
A. Responsibilities - General. The following
				standards apply to each person regulated under this chapter, and each pest
				inspection shall be done according to the following standards by a person who
				is competent to determine the presence of target pests or their damage:
(1) Each inspection shall include a careful
				visual observation and thorough examination of the readily accessible area,
				object, material, structure, or part of a structure inspected. Particular
				attention shall be directed to those areas where target pests are likely to
				occur, based upon the habits and natural tendencies of the target
				pest.
(2) The inspector shall
				report accurately all findings in writing to the person or persons for whom the
				inspection was performed.
(3) The
				report shall indicate any findings or visible evidence of the target pest or
				pests. The initial inspection report for any wood destroying insect shall
				include a diagram of the structure inspected that indicates locations where
				target pests are found. Upon subsequent inspection, the initial inspection
				diagram shall be updated if structural changes are visible or when an insect
				reinfestation is observed.
(4) A
				copy of any inspection report for pest control contracted shall be held by each
				licensee, permit or certificate holder for 2 years, and shall be made
				available, upon request, to the Department.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.15 - Posting of Sign

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee
				or permittee applying a pesticide to a lawn or to exterior landscape plants
				shall post, at the time of application, a sign which conforms to the
				requirements of this regulation. This regulation applies only to a licensee or
				permittee in pest control category III-ornamental or turf, as described in
				Regulation .08 A(3) of this chapter.
B. The licensee or permittee who is required
				to post a sign under this regulation shall model it after that shown in Figure
				A and shall see that it meets the requirements described in §B(1)-(8) of
				this regulation:
Click here to
				  view Image
(1) Size-4
				inches in height x 5 inches in width.
(2) Composition-made of a sturdy, weather
				resistant material.
(3) Type-rigid,
				as opposed to a flag.
(4)
				Color-yellow background with black, bold-faced lettering.
(5) Information contained on front of
				sign-the same words and symbols in the specified sizes as shown in Figure
				A.
(6) Information contained on the
				back of the sign shall:
(a) Indicate the
				following:
(i) Date applied;
(ii) Name of licensee/permittee;
(iii) Telephone number of
				licensee/permittee;
(b)
				Be at least 18 point type (5/32 inch) in size; and
(c) Be either stamped or hand printed on the
				sign, printed on a stick-on label and placed on the sign, or printed on the
				sign.
(7)
				Stake-flexible, preferably not wire.
(8) Posting height-the bottom of the sign
				shall be at least 12 inches but not more than 16 inches above the surface of
				the soil.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.16 - Pesticide Information for Customer

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a pesticide is applied, or at the
				time a customer enters into a contract with a licensee for pest control, a
				licensee shall provide a customer with the following written information:
(1) Name of licensee;
(2) Maryland pesticide business license
				number;
(3) Licensee telephone
				number;
(4) Maryland Poison Center
				telephone number;
(5) Common name
				of pesticide or active ingredient applied; and
(6) One of the following:
(a) An original or legible copy of the
				current pesticide product label;
(b) An original or a legible copy of that
				portion of the current pesticide product label or labeling containing
				precautionary statements regarding hazards to humans or animals and
				environmental hazards, if any; or
(c) A document containing appropriate health,
				safety, or precautionary information that has been taken from the pesticide
				label and approved by the Department before its distribution.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.17 - List of Pesticide Sensitive Individuals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Operations.
(1) This regulation applies to a licensee or
				permittee in the folio-wing pest control categories:
(a) Category (III) - ornamental or turf, as
				described in Regulation .08A(3) of this chapter; and
(b) Category (VIII) - public health,
				including the management of mosquitoes, as described in Regulation .08A(8) of
				this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.18 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department
				may issue a civil penalty or suspend, revoke, or deny any license, certificate,
				permit, or registered employee identification card, for any of the following
				reasons:
(1) Violating any provision of the
				Maryland Pesticide Applicators Law, these regulations, or the Federal
				Insecticide, Fungicide, and Rodenticide Act, as amended;
(2) Failing to establish and consistently
				maintain liability insurance required by this chapter;
(3) Conducting a pesticide application or
				inspection for pests in a faulty, careless, or negligent manner;
(4) Failing to make or maintain records or
				reports as required by the Department;
(5) Making false or fraudulent records or
				reports, including a false or misleading pest inspection report;
(6) Operating equipment for the purpose of
				applying pesticides without the supervision of a certified
				applicator;
(7) Committing fraud or
				misrepresentation in making application for licensure or
				certification;
(8) Exceeding the
				limits of the type or purpose of operation, as defined on the license,
				certificate, or permit;
(9) Failing
				or neglecting to maintain equipment used in pesticide application in good and
				proper working order;
(10)
				Presenting false or misleading information in the inspection for,
				identification of, or control of, pests;
(11) Being convicted of fraud in the
				performance of pest control;
(12)
				Failing to allow the Department to inspect or sample as outlined in Regulation
				.03G of this chapter;
(13) Applying
				a pesticide without a certificate or license as required by this
				chapter;
(14) Failing to provide to
				the Secretary any requested record as required by this chapter;
(15) Failing to ensure that each employee,
				other than a certified applicator, completes a Department-approved training
				program;
(16) Failing to pay a
				civil penalty imposed under Regulation .20 of this chapter; or
(17) Applying a pesticide to the property of
				another without the expressed permission of this property's owner or other
				person with authority to exercise control, management, or possession of the
				property.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.19 - Hearings and Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Hearings.
(1) When a person is charged by the
				Secretary with a violation of this chapter, the Secretary shall give the person
				charged an opportunity to be heard pursuant to COMAR 15.01.01 concerning
				procedural rules on hearings.
(2)
				Following an emergency suspension a hearing shall be held promptly.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.01 - Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses › Section 15.05.01.20 - Assessment of Civil Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. If
				the Department determines that a person has violated any provision of the
				Maryland Pesticide Applicators Law, these regulations, or the Federal
				Insecticide, Fungicide, and Rodenticide Act, as amended, it may impose a civil
				penalty of not more than $2,500 for a first violation and not more than $5,000
				for each subsequent violation. The total penalties imposed on a person for
				violations that result from the same set of facts and circumstances may not
				exceed $25,000.
B. In assessing a
				civil penalty imposed under §A, of this regulation, the Department shall
				give consideration to:
(1) The willfulness of
				the violation, the extent to which the existence of the violation was known to
				the violator but uncorrected by the violator, and the extent to which the
				violator exercised reasonable care;
(2) Any actual harm to human health or to the
				environment including injury to or impairment of the use of the waters of this
				State or the natural resources of this State;
(3) The cost of control;
(4) The nature and degree of injury to or
				interference with general welfare, health, and property;
(5) The extent to which the location of the
				violation, including location near areas of human population, creates the
				potential for harm to the environment or to human health or safety;
				and
(6) The extent to which the
				current violation is part of a recurrent pattern of the same or similar type of
				violation committed by the violator.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.02 - Integrated Pest Management and Notification of Pesticide Use in a Public School Building or on School Grounds › Section 15.05.02.01 - Scope of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets forth the procedure for a county board of
				  education to:
A. Develop and implement
				in its schools and on school grounds an integrated pest management system;
				and
B. Notify a parent or guardian
				of a student attending a public school, a student, or a school staff member
				before a pesticide is applied in a school building or on school grounds during
				the school year.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.02 - Integrated Pest Management and Notification of Pesticide Use in a Public School Building or on School Grounds › Section 15.05.02.03 - Integrated Pest Management System

Current through Register Vol. 51, No. 14, July 12, 2024
A. County Board of Education Requirements.
(1) Each county board of education shall:
(a) Develop and implement for its schools an
				integrated pest management system approved by the Department; and
(b) File a written integrated pest management
				plan with the Department for approval.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.02 - Integrated Pest Management and Notification of Pesticide Use in a Public School Building or on School Grounds › Section 15.05.02.04 - Information for Parent, Guardian, or Staff Member

Current through Register Vol. 51, No. 14, July 12, 2024
A. School Notice Requirement.
(1) At the beginning of each school year,
				each school shall include notice of the school's integrated pest management
				system in the school calendar or other universal notification.
(2) The notice required in §A(1) of this
				regulation shall include the following information:
(a) A statement that explains the school's
				integrated pest management system;
(b) A list of the common name of any
				pesticide or bait station that may be used in a school building or on school
				grounds;
(c) The name, address, and
				telephone number of the contact person;
(d) A statement that the contact person
				maintains the product label and material safety data sheet of each pesticide or
				bait station used in a school building or on school grounds;
(e) A statement that the:
(i) Product label or material safety data
				sheet is available for review by a parent, guardian, staff member, or student
				attending the school; and
(ii)
				Contact person is available for information or comment; and
(f) Instructions for including a
				parent, guardian, or staff member on a pesticide notification list provided for
				in §B of this regulation.
(3) After the beginning of a school year, a
				school shall provide the written information required by this regulation to a:
(a) Parent or guardian of a newly enrolled
				student; and
(b) Newly employed
				staff member.
(4) The
				written notice shall be approved by the Department before
				distribution.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.02 - Integrated Pest Management and Notification of Pesticide Use in a Public School Building or on School Grounds › Section 15.05.02.05 - Notification of a Pesticide Application in an Elementary School Building or on School Grounds

Current through Register Vol. 51, No. 14, July 12, 2024
A. During the
				school year, each school that enrolls elementary school students shall notify
				each parent or guardian of a student attending the school and each staff
				member:
(1) At least 24 hours before a
				pesticide is applied in a school building or on school grounds; and
(2) For emergency pest control:
(a) Within 24 hours after a pesticide is
				applied, or
(b) On the next school
				day, as provided in Regulation .09 of this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.02 - Integrated Pest Management and Notification of Pesticide Use in a Public School Building or on School Grounds › Section 15.05.02.06 - Notification of a Pesticide Application in a Middle School Building or High School Building or on School Grounds

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				During the school year, each middle school or high school shall notify each
				parent or guardian and staff member on the pesticide notification list, as
				provided in Regulation .04B of this chapter:
(1) At least 24 hours before a pesticide is
				applied in a school building or on school grounds; and
(2) For emergency pest control:
(a) Within 24 hours after a pesticide is
				applied, or
(b) On the next school
				day, as provided in Regulation .09 of this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.02 - Integrated Pest Management and Notification of Pesticide Use in a Public School Building or on School Grounds › Section 15.05.02.07 - Notification of Space Spraying

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Except as provided by Regulation .09 of this chapter, each school that intends
				to use space spraying in a school building shall provide written notice to each
				parent or guardian and staff member at least 1 week before the
				application.
B. The written notice
				shall be sent home with each student or provided to each staff
				member.
C. The notice shall:
(1) Be on a separate paper sheet at least
				8-1/2 by 11 inches in size; and
(2)
				Contain:
(a) Common name of pesticide to be
				used;
(b) Location of space
				spraying;
(c) Planned date and time
				of space spraying;
(d) The
				following language: "The Office of Pesticide Programs of the United States
				Environmental Protection Agency has stated: `Where possible, persons who
				potentially are more sensitive, such as pregnant women and infants (less than 2
				years old), should avoid any unnecessary pesticide exposure'";
(e) A brief description, approved by the
				Department, of the pesticide to be applied, if the pesticide is not addressed
				in the notice as provided by Regulation .04 of this chapter;
(f) A brief description of potential adverse
				effects based upon the material safety data sheet of the pesticide to be
				applied; and
(g) The name and
				telephone number of the contact person.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.02 - Integrated Pest Management and Notification of Pesticide Use in a Public School Building or on School Grounds › Section 15.05.02.08 - In-School Notification

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Pesticide Application in a School Building.
(1) Each school system shall develop an
				appropriate means of in-school notification to students and staff before a
				pesticide is applied in a middle school building or high school
				building.
(2) The in-school
				notification shall include a sign or notice posted:
(a) At the room or area of the pesticide
				application; and
(b) Either:
(i) At the primary entrance to the school,
				or
(ii) In a central school
				location accessible to parents, guardians, students, and staff.
(3) In-school
				notification to students and staff may also include:
(a) Oral announcements; or
(b) Written notices.
(4) The notice or sign shall include the
				following information:
(a) "Caution-Pesticide
				Application";
(b) Common name of
				the pesticide applied;
(c) Location
				of the application;
(d) Date of the
				application; and
(e) Contact person
				for additional information, including information on potential adverse
				effects.
(5) The notice
				or sign shall remain posted for at least 48 hours after a pesticide is
				applied.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.02 - Integrated Pest Management and Notification of Pesticide Use in a Public School Building or on School Grounds › Section 15.05.02.09 - Emergency Pest Control

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				pesticide may be applied in a school building or on school grounds without
				prior notification only if an emergency pest situation exists.
B. Within 24 hours after an emergency
				pesticide application, or on the next school day, the school shall notify:
(1) The parent or guardian of each student
				and each staff member at an elementary school according to Regulation .05 of
				this chapter; or
(2) Each parent or
				guardian and staff member on the pesticide notification list provided by
				Regulation .04B of this chapter, for a middle school or high school according
				to Regulation .06 of this chapter.
Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 05 - PESTICIDE USE CONTROL › Chapter 15.05.02 - Integrated Pest Management and Notification of Pesticide Use in a Public School Building or on School Grounds › Section 15.05.02.10 - Pesticide Application in a Public School Building or on School Grounds

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee,
				permittee, or certificate holder may not apply a pesticide in a school building
				or on school grounds until notification is provided in accordance with
				Regulation .05, .06, .07, or .08 of this chapter, unless provided in accordance
				with Regulation .09 of this chapter.
B. A person who applies a pesticide in a
				school building or on school grounds shall be a:
(1) Certified applicator; or
(2) Registered employee working under the
				supervision of a certified applicator.