reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 27 - STANDARDS FOR PESTICIDE APPLICATIONS AND PUBLIC NOTIFICATION IN SCHOOLS › Section 026-27-5 - Integrated Pest Management Techniques

Current through 2024-29, July 17, 2024
A. All
				pest management activities shall be undertaken with the recognition that it is
				the policy of the State to work to find ways to use the minimum amount of
				pesticides needed to effectively control targeted pests in all areas of
				application. In all cases, applications should be conducted in a manner to
				minimize human risk to the maximum extent practicable using currently available
				technology.
B. All pest management
				activities should be conducted using appropriate elements of integrated pest
				management as described in the latest Cooperative Extension or Department of
				Agriculture training manuals for pest management in and/or on school property.
				Pest management activities should also be conducted in accordance with the Best
				Management Practices for Athletic Fields & School Grounds, or other
				applicable Best Management Practices approved by the Board.
C. Prior to any pesticide application the
				following steps must be taken and recorded:
1
				monitor for pest presence or conditions conducive to a pest outbreak,
2 identify the pest specifically,
3 determine that the pest population exceeds
				acceptable safety, economic or aesthetic threshold levels, and
4 utilize non-pesticide control measures that
				have been demonstrated to be practicable, effective and affordable.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 27 - STANDARDS FOR PESTICIDE APPLICATIONS AND PUBLIC NOTIFICATION IN SCHOOLS › Section 026-27-6 - Requirements for Commercial Pesticide Applicators Making Applications in School Buildings or on School Grounds

Current through 2024-29, July 17, 2024
A. Prior to
				conducting a pesticide application not exempted in Section 3 in a school
				building or on school grounds, commercial pesticide applicators shall obtain
				written authorization from the IPM Coordinator. Authorization must be specific
				to each application and given no more than 10 days prior to the planned
				application.
B. Commercial
				pesticide applicators shall, within one business day of each pesticide
				application, provide the IPM Coordinator with a written record of the
				application including the date, time, location, trade name of the product
				applied, EPA Registration number and the name of the licensed applicator. If
				the product has no EPA Registration number then the applicator will provide a
				copy of the label.
C. Commercial
				pesticide applicators shall inform the IPM Coordinator about any pest
				monitoring activity and results. If it is acceptable to the IPM Coordinator,
				this may be achieved by recording them in the Pest Management Activity
				Log.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 27 - STANDARDS FOR PESTICIDE APPLICATIONS AND PUBLIC NOTIFICATION IN SCHOOLS › Appendix 026-27-A

Current through 2024-29, July 17, 2024
Board Designated Symbol for Posting Outdoor Pesticide
				  Applications to School Grounds
Click
				  here to view Image
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 28 - NOTIFICATION PROVISIONS FOR OUTDOOR PESTICIDE APPLICATIONS › Section 026-28-1 - Requesting Notification About Outdoor Pesticide Applications

Current through 2024-29, July 17, 2024
The purpose of the following notification requirement is to
				  enable individuals an opportunity to obtain information regarding outdoor
				  pesticide application activities in their vicinity.
A.
Requests for Notification; How
				Made
The owner, lessee or other legal occupant of a sensitive
				  area may make a request to be notified about any outdoor pesticide
				  application(s) which may occur within 500 feet of that sensitive areaand any
				  aerial application(s) which may occur within 1,000 feet of the sensitive
				  area.
1. The request may be made in
				any fashion, so long as it is effective in informing the person receiving the
				request of the name, address, telephone number, and interest in receiving
				notification of the person making the request.
2. The request for notification should be
				made to the person responsible for management of the land on which the
				pesticide application will take place. If the person making the request for
				notification is uncertain as to the identity of the person to whom the request
				should be made, he/she may make the request for notification to the person who
				owns the land involved, as such ownership is ascertainable from the tax records
				of the municipality. That landowner shall then be responsible for assuring
				compliance with provisions of this section.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 28 - NOTIFICATION PROVISIONS FOR OUTDOOR PESTICIDE APPLICATIONS › Section 026-28-2 - Maine Pesticide Notification Registry for Non-Agricultural Pesticide Applications

Current through 2024-29, July 17, 2024
The Board shall maintain a list of individuals who must be
				  notified of outdoor, non-agricultural pesticide applications in their vicinity.
				  This list shall be referred to as the
Maine Pesticide Notification
				  Registry
.
A.
Individuals to be Included on the Registry
1. Individuals requesting to be listed on the
Maine Pesticide Notification Registry
shall pay all
				appropriate fees and provide the following information on forms supplied by the
				Board:
a. Name;
b. Mailing address;
c. Listed registry residence, including
				street or road address and city;
d.
				Daytime and evening telephone number(s), one of which is designated as the
				primary contact number; and
e. The
				names and addresses of all landowners or lessees within 250 feet of the
				boundary of the listed registry residence.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 28 - NOTIFICATION PROVISIONS FOR OUTDOOR PESTICIDE APPLICATIONS › Section 026-28-3 - Public Notice and Posting Requirements for Certain PesticideApplications

Current through 2024-29, July 17, 2024
A.
Sidewalks and Trails
Public notice must be provided consistent with Board policy
				  for the outdoor commercial application of pesticides within category 6B to
				  sidewalks and trails.
B.
Posting
1.
Categories
				Requiring Posting
a. 3A (outdoor
				ornamentals)
b. 3B
				(turf)
c. 6B
				(industrial/commercial/municipal vegetation management), except applications to
				sidewalks,trails, railroadsidings, and power substations
d. 7A (general pest control)
e. 7E (biting fly & other arthropod
				vectors)
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 29 - STANDARDS FOR WATER QUALITY PROTECTION › Section 026-29-1 - Protecting Waters of the State During Pesticide Mixing and Loading Operations

Current through 2024-29, July 17, 2024
A. No person shall
				mix or load any pesticides or fill a sprayer or mix tank within fifty (50) feet
				from the high water mark of any surface waters of the State as defined in 38
				M.R.S.A. Section361-A(7).
B. No
				person shall use a pump that pumps pesticide concentrate or formulation or any
				hose that has been in contact with pesticide solution to draw liquid from any
				surface waters.
C. All pesticide
				pumping systems that come in contact with any surface waters shall be equipped
				with an anti-siphoning device.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 29 - STANDARDS FOR WATER QUALITY PROTECTION › Section 026-29-2 - Securing Pesticide Product Containers and Mix Tanks on Sprayers, Nurse Vehicles and Other Support Vehicles During Transportation

Current through 2024-29, July 17, 2024
No person shall transport any pesticide unless it is secured
				  so as to prevent release of pesticides onto the vehicle or from the vehicle.
				  All tanks, liquid containers, cartons and bags must be securely held so they
				  may not shift and become punctured or spilled.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 29 - STANDARDS FOR WATER QUALITY PROTECTION › Section 026-29-3 - Cleaning up Pesticide Spills Within Setback Zone in Section 1

Current through 2024-29, July 17, 2024
Any person who spills a pesticide within fifty (50) feet from
				  the high water mark of any surface water shall take immediate steps to recover
				  the pesticide by the most efficient means available and remove all contaminated
				  soil to prevent water contamination.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 29 - STANDARDS FOR WATER QUALITY PROTECTION › Section 026-29-4 - Exemptions

Current through 2024-29, July 17, 2024
The following persons are exempt from Section
				  1(A) regarding mixing
				  and loading within fifty(50) feet of the high water mark of any surface
				  water:
A. Applicators with a variance
				approved by staff for an impervious mixing/loading pad with containment
				features. Applications for a variance must be submitted to the Board on or
				before December 31, 1999;
B.
				Applicators using chemigation equipment specified on labels to draw water from
				their tail-water ponds;
C.
				Commercial applicators using small individually packaged concentrates to mix no
				more than five (5) gallons for use in non powered equipment; and
D. Commercial applicators making aquatic
				applications from boats and barges.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 29 - STANDARDS FOR WATER QUALITY PROTECTION › Section 026-29-5 - Restrictions on Pesticide Applications to Control Browntail Moths Near Marine Waters

Current through 2024-29, July 17, 2024
Pesticide applications for control of browntail moths within
				  250 feet of the mean high tide mark adjacent to coastal waters and extending
				  upriver or upstream to the first bridge are subject to the requirements of this
				  section:
A.
Exemptions
The prohibitions and restrictions in Section 5 do not apply
				  to biological pesticides, to the injection of pesticides directly into the soil
				  or shade and ornamental trees or to the application of pesticides by licensed
				  commercial pesticide applicators using non-powered equipment.
B.
Prohibitions and
				Restrictions
I. A person may not apply
				a pesticide to control browntail moths on shade or ornamental trees within 50
				feet of the mean high water mark.
II. A person may not apply a pesticide to
				control browntail moths on shade or ornamental trees in coastal areas located
				between 50 and 250 feet from the mean high water mark except in accordance with
				this subsection.
a. Only products with active
				ingredients specifically approved by the Board for this purpose may be
				applied.
b. Applications may be
				performed only with a hydraulic hand-held spray gun or air-assisted
				sprayers.
c. Applications may be
				performed only in a manner in which the applicator directs the spray away from
				marine waters.
d. Applications may
				not be made when the wind is blowing toward marine waters.
e. Applications may be performed only when
				the wind is equal to or greater than 2 miles per hour and blowing away from
				marine waters.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 29 - STANDARDS FOR WATER QUALITY PROTECTION › Section 026-29-6 - Buffer Requirement

Current through 2024-29, July 17, 2024
A. No person shall
				make an outdoor terrestrial broadcast application of pesticides, except for
				applications made to control arthropod vectors of human disease or stinging
				insects, within twenty-five (25) feet from the mean high water mark of:
I. Any lake or pond, except ponds that are
				confined and retained completely upon the property of one person and do not
				drain into or have a surficial connection with any other waters of the
				State;
II. Rivers
III. Any stream depicted as a solid or broken
				blue line on the most recent edition of the U.S. Geological 7.5-minute series
				topographic map or, if not available, a 15-minute series topographic
				map;
IV. Estuarine and marine
				waters as defined under 38 M.R.S.A. §361-A(5); or
V. Wetlands, except man-made wetlands that
				are designed and managed for agricultural purposes, which are:
a. connected to great ponds at any time of
				the year; or
b. characterized by
				visible surface water; or
c.
				dominated by emergent or aquatic plants.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 31 - CERTIFICATION AND LICENSING PROVISIONS/COMMERCIAL APPLICATORS › Section 026-31-1 - Individual Certification and Company/Agency Licensing Requirements

Current through 2024-29, July 17, 2024
A. Any commercial applicator must be either:
I. licensed as a commercial
				applicator/master; or
II. licensed
				as a commercial applicator/operator; or
III. supervised on-site by either a licensed
				commercial applicator/master or a commercial applicator/operator who is
				physically present on the property of the client the entire time it takes to
				complete an application conducted by an unlicensed applicator. This supervision
				must include visual and voice contact. Visual contact must be continuous except
				when topography obstructs visual observation for less than five minutes. Video
				contact does not constitute visual observation. The voice contact requirement
				may be satisfied by real time radio or telephone contact. In lawn care and
				other situations where both the licensed and unlicensed applicator are
				operating off the same application equipment, the licensed applicator may move
				to an adjoining property on the same side of the street and start another
				application so long as he or she is able to maintain continuous visual and
				voice contact with the unlicensed applicator.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 31 - CERTIFICATION AND LICENSING PROVISIONS/COMMERCIAL APPLICATORS › Section 026-31-2 - Categories of Commercial Applicators

Current through 2024-29, July 17, 2024
A. All
				commercial applicators shall be categorized according to the type of work
				performed as outlined below:
I.
Agricultural Animal and Plant Pest Control
a.
Agricultural Animal
- This
				subcategory includes commercial applicators using or supervising the use of
				pesticides on animals and to places on or in which animals are confined.
				Doctors of Veterinary Medicine engaged in the business of applying pesticides
				for hire as pesticide applicators are included in this subcategory; however,
				those persons applying pesticides as drugs or medication during the course of
				their normal practice are not included.
b.
Agricultural Plant
- This
				subcategory includes commercial applicators using or supervising the use of
				pesticides in the production of crops including blueberries, orchard fruit,
				potatoes, vegetables, forage, grain and industrial or non-food crops.
Option I - Limited Commercial Blueberry
- This
				  option includes commercial applicators using or supervising the use of
				  pesticides in the production of blueberries only.
Option II - Chemigation
- This option includes
				  commercial applicators using or supervising the use of pesticides applied
				  through irrigation equipment in the production of crops.
Option III - Agricultural Fumigation
- This
				  option includes commercial applicators using or supervising the use of fumigant
				  pesticides in the production of crops.
Option IV - Post Harvest Treatment
- This
				  option includes commercial applicators using or supervising the use of
				  pesticides in the post harvest treatment of food crops.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 31 - CERTIFICATION AND LICENSING PROVISIONS/COMMERCIAL APPLICATORS › Section 026-31-3 - Competency Standards for Certification of Commercial Applicators

Current through 2024-29, July 17, 2024
A. Applicants seeking commercial
				certification must establish competency in the general principles of safe pest
				control by demonstrating knowledge of basic subjects including, but not limited
				to, pesticide labeling, safety, environmental concerns, pest organisms,
				pesticides, equipment, application techniques and applicable laws and
				regulations. (Core Exam).
B.
				Applicants seeking commercial certification must demonstrate competency in each
				applicable category or subcategory. (Category Exam). Competency in the
				applicable category or subcategory shall be established as follows:
I.
Agricultural Animal and Plant Pest
				Control
a.
Agricultural
				Animals
. Applicants seeking certification in the subcategory of Animal
				Pest Control as described in Section
				2(A)(I)(a) must
				demonstrate knowledge of animals, their associated pests, and methods of pest
				control. Areas of practical knowledge shall include specific toxicity, residue
				potential, relative hazards of different formulations, application techniques,
				and hazards associated with age of animals, stress, and extent of
				treatment.
b.
Agricultural
				Plant
. Applicants seeking certification in the subcategory of Plant Pest
				Control as described in Section
				2(A)(I)(b) Options I -
				IV must demonstrate practical knowledge of the crops grown and the specific
				pests of those crops on which they may be using pesticides. Areas of such
				practical knowledge shall include soil and water problems, preharvest
				intervals, reentry intervals, phytotoxicity, potential for environmental
				contamination, non-target injury, and community problems related to pesticide
				use in certain areas. Also required shall be a knowledge of current methodology
				and technology for the control of pesticide drift to non-target areas, the
				proper meteorological conditions for the application of pesticides, and the
				potential adverse effect of pesticides on plants, animals or humans.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 31 - CERTIFICATION AND LICENSING PROVISIONS/COMMERCIAL APPLICATORS › Section 026-31-4 - Competency Standards for Certification of Commercial Applicator/Master

Current through 2024-29, July 17, 2024
A.
Regulations Exam
. An
				applicant seeking certification as a commercial applicator/master must
				successfully complete a closed book exam on the appropriate chapters of the
				Board's regulations. The passing grade shall be 80%. An applicant must
				successfully complete the regulations exam before being allowed to proceed to
				the master exam. The staff may waive the requirements for the closed book
				regulation exam if it determines that a pest management emergency exists
				necessitating the issuance of a nonresident license pursuant to Section
				6 B. of this chapter, provided that the
				staff verbally reviews the pertinent regulations with the applicant prior to
				issuing a nonresident license.
B.
Master Exam
. An applicant seeking certification as a commercial
				applicator/master must also demonstrate practical knowledge in ecological and
				environmental concerns, pesticide container and rinsate disposal, spill and
				accident mitigation, pesticide storage and on site security, employee safety
				and training, potential chronic effects of exposure to pesticides, pesticide
				registration and special review, the potential for groundwater contamination,
				principles of pesticide drift and measures to reduce drift, protection of
				public health, minimizing public exposure and use of non pesticide control
				methods. In addition, applicant must demonstrate the ability to interact with a
				concerned public.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 31 - CERTIFICATION AND LICENSING PROVISIONS/COMMERCIAL APPLICATORS › Section 026-31-5 - Certification Procedures for Commercial Applicators

Current through 2024-29, July 17, 2024
A.
Initial Certification.
Individuals attempting to certify as a commercial applicator must be at least
				18 years of age.
I.
Application for
				Exams
. Individuals applying to take exams must submit a completed
				application and associated fees. All fees are waived for governmental
				employees.
a. Information shall include name,
				home address, company address, name and telephone number of supervisor and
				categories for which certification is desired.
b. A non-refundable fee of $10.00 for each
				core, category or subcategory exam shall accompany the application.
c. Study materials for other than the
				regulations exam are available through the University of Maine Cooperative
				Extension Pest Management Office for a fee.
d. A non-refundable fee of $10.00 for the
				regulations exam and $40.00 for the Master exam shall accompany the application
				for Master exams. Study material for the regulations exam will be sent to the
				applicant upon receipt of their application and the required fees.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 31 - CERTIFICATION AND LICENSING PROVISIONS/COMMERCIAL APPLICATORS › Section 026-31-6 - Licensing

Current through 2024-29, July 17, 2024
A. All Commercial Applicators required to be
				certified under this chapter and state pesticide law shall be licensed before
				using or supervising the use of pesticides as described in Section
				1(A).
B.
Nonresident licenses
. When
				the staff determines that a pest management emergency exists which necessitates
				the use of aerial application and for which there are not sufficient qualified
				Maine licensees, it may issue a license without examination to nonresidents who
				are licensed or certified by another state or the Federal Government
				substantially in accordance with the provisions of this chapter. Nonresident
				licenses issued pursuant to this section are effective until December 31 of the
				year in which they are issued.
C.
Application
. Application for a commercial applicator license shall
				be on forms provided by the Board.
I. The
				completed application must include the name of the company or agency employing
				the applicant.
II. Unless the
				applicant is the owner of a company, the completed application must be signed
				by both the applicant and that person's supervisor to verify the applicant is
				an employee of the company/agency.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 32 - CERTIFICATION AND LICENSING PROVISIONS FOR PRIVATE APPLICATORS › Section 026-32-1 - Competency Standards for Certification - Private Applicator

Current through 2024-29, July 17, 2024
A. No person shall be certified as a private
				applicator unless he has fulfilled requirements demonstrating his knowledge of
				basic subjects including pesticide label comprehension, ability to read and
				understand pesticide labeling, safety, environmental concerns, stewardship,
				pest organisms, pesticides, equipment, application techniques, responsibilities
				for supervisors of non-certified applicators, and applicable laws and
				regulations. Also required shall be knowledge of current methodology and
				technology for the control of pesticide drift to non-target areas, the proper
				meteorological conditions for the application of pesticides, and the potential
				adverse effect of pesticides on plants, animals or humans (core
				exam).
B. No person shall be
				certified as a private applicator unless he has demonstrated knowledge of the
				general principles of pest control for his major commodity, including specific
				pests of the crop, their life cycle, and proper timing of control measures to
				be efficacious (Commodity Exam).
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 32 - CERTIFICATION AND LICENSING PROVISIONS FOR PRIVATE APPLICATORS › Section 026-32-2 - Certification Procedures for Private Applicators

Current through 2024-29, July 17, 2024
A.
Initial Certification
1. Any person attempting to certify as a
				private applicator must be at least 18 years of age.
2. Any person seeking to be certified as a
				private applicator must pass a written core exam and a written exam in the area
				of his primary commodity. Both exams shall be closed book.
3. Exams may be taken at cooperating County
				University of Maine Cooperative Extension offices. Exams may also be offered at
				other locations designated by the Board staff or available on an appointment
				basis at the office of the Board.
4.
Examination Procedures
. All
				applicants shall comply with these rules or forfeit their opportunity to
				complete the exams at a specified appointment.
a. Applicant shall present a government
				issued identification to the moderator prior to commencement of
				exams.
b. Applicants should be
				present and ready to take the exams at the appointed time.
c. Applicants shall not talk during the
				examination period.
d. Applicants
				shall not be allowed to bring any books, papers, calculators or electronically
				stored data into the examining room. Pencils and work sheets will be provided
				and all papers shall be collected at the end of the period.
e. Applicants shall not make notes of the
				exams and shall not leave the table during an exam unless authorized by the
				staff.
5.
Qualification Requirements
. An applicant must achieve a passing
				score of 80 percent on each exam.
a. An
				applicant who fails the core exam may not retake that examination prior to 6
				days after the date of such failed examination. If an applicant fails again the
				applicant must wait 6 more days before retaking the exam again.
b. An applicant who fails the exam in the
				area of his primary commodity may not retake the that examination prior to 6
				days after the date of such failed examination. If an applicant fails again the
				applicant must wait 6 more days before retaking the exam again.
c. Any applicant must pass both the core and
				at least one commodity exam within 12 months before qualifying for
				certification.
d. Any applicant who
				violates any of the rules pertaining to examinations shall wait a minimum of 60
				days before retesting.
6. Certification under this section will
				expire on October 31st of the third year after the date of successful
				completion of the exams and on October 31st of every third year thereafter
				unless a special restricted certification period is assigned by the Board or
				Board staff.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 32 - CERTIFICATION AND LICENSING PROVISIONS FOR PRIVATE APPLICATORS › Section 026-32-3 - Licensing

Current through 2024-29, July 17, 2024
A.
Application
. Application for
				a private applicator license, shall be on forms provided by the Board.
				Information shall include name; Social Security number; mailing address; farm
				name, location and telephone number; and major crop(s).
B.
Fee
. At the time of
				application, the applicant must tender the appropriate fee as follows:
1. For a private applicator license - $15.00
				per person.
2. For replacement or
				alteration - $5.00.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 33 - CERTIFICATION & LICENSING PROVISIONS/PRIVATE APPLICATORS OF GENERAL USE PESTICIDES › Section 026-33-1 - Competency Standards for Certification-Private Applicator of General Use Pesticides (Core exam)

Current through 2024-29, July 17, 2024
A. No person shall
				be certified as a private applicator of general-use pesticides unless the
				person has fulfilled requirements demonstrating knowledge of pest problems and
				pest-control practices, including, as a minimum, the ability to recognize
				common pests and the damage they cause, to understand the pesticide label and
				to apply pesticides in accordance with label instructions and warnings.
B. Also required shall be
				knowledge of current methodology and technology for the control of pesticide
				drift to non-target areas, the proper meteorological conditions for the
				application of pesticides and the potential adverse effect of pesticides on
				plants, animals or humans.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 33 - CERTIFICATION & LICENSING PROVISIONS/PRIVATE APPLICATORS OF GENERAL USE PESTICIDES › Section 026-33-2 - Certification Procedures for Private Applicators

Current through 2024-29, July 17, 2024
A.
Initial Certification
1. Any person seeking to be certified as a
				private applicator of general-use pesticides must pass a written core exam. The
				exam shall be closed book.
2. Exams
				may be taken at cooperating County University of Maine Cooperative Extension
				offices. Exams may also be offered at other locations designated by the Board
				staff or available on an appointment basis at the office of the
				Board.
3.
Examination
				Procedures
. All applicants shall comply with these rules or forfeit
				their opportunity to complete the exams at a specified appointment.
a. Applicants should be present and ready to
				take the exams at the appointed time.
b. Applicants shall not talk during the
				examination period.
c. Applicants
				shall not be allowed to bring any books, papers, calculators or electronically
				stored data into the examining room. Pencils and work sheets will be provided
				and all papers shall be collected at the end of the period.
d. Applicants shall not make notes of the
				exams and shall not leave the table during an exam unless authorized by the
				staff.
4.
Qualification Requirements
. An applicant must achieve a passing
				score of 80 percent on the core exam.
a. An
				applicant who fails the core exam may not retake that examination prior to 6
				days after the date of such failed examination. If an applicant fails again the
				applicant must wait 6 more days before retaking the exam again.
b. Any applicant who violates any of the
				rules pertaining to examinations shall wait a minimum of 60 days before
				retesting.
5.
				Certification under this section will expire on October 31 of the third year
				after the date of successful completion of the exams and on October 31 of every
				third year thereafter unless a special restricted certification period is
				assigned by the Board or Board staff.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 33 - CERTIFICATION & LICENSING PROVISIONS/PRIVATE APPLICATORS OF GENERAL USE PESTICIDES › Section 026-33-3 - Licensing

Current through 2024-29, July 17, 2024
A.
Application
. Application for
				a private applicator of general-use pesticides license shall be on forms
				provided by the Board. Information shall include name, Social Security number,
				mailing address, farm name, location, telephone number and major
				crop(s).
B.
Fee
. At
				the time of application, the applicant must tender the appropriate fee as
				follows:
1. For a private applicator of
				general-use pesticides license-$15.00 per person.
2. For replacement or
				alteration-$5.00.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 34 - CERTIFICATION AND LICENSING PROVISIONS/PESTICIDE DEALERS › Section 026-34-1 - Competency Standards for Certification

Current through 2024-29, July 17, 2024
No person shall be certified as a pesticide dealer unless
				  that person has demonstrated knowledge of pesticide classifications,
				  formulations, labeling, safety, storage and applicable laws and regulations.
				  Also required shall be knowledge of current methodology and technology for the
				  control of pesticide drift to non-target areas, the proper meteorological
				  conditions for the application of pesticides, and the potential adverse effect
				  of pesticides on plants, animals or humans.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 34 - CERTIFICATION AND LICENSING PROVISIONS/PESTICIDE DEALERS › Section 026-34-2 - Certification Procedures for Pesticide Dealers

Current through 2024-29, July 17, 2024
A.
Initial Certification
1.
Application for Exam
. All
				persons desiring to take the exam must request an application from the Board's
				office and submit all required information and fees.
a. Information shall include name, home
				address, Social Security number, name and telephone number of company and
				company address.
b. A fee of $10.00
				for the exam shall accompany the application.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 34 - CERTIFICATION AND LICENSING PROVISIONS/PESTICIDE DEALERS › Section 026-34-4 - Licensing

Current through 2024-29, July 17, 2024
A.
Application
. Application for
				a pesticide dealer license shall be on forms provided by the Board.
B.
Fee
. At the time of
				application, the applicant must tender the appropriate fee as follows:
1. For a pesticide dealer license - $60.00
				per person.
2. For replacement or
				alteration - $5.00.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 34 - CERTIFICATION AND LICENSING PROVISIONS/PESTICIDE DEALERS › Section 026-34-5 - Special Dealer Requirements

Current through 2024-29, July 17, 2024
A. Each dealer
				shall be responsible for the acts of those people in his/her employ and the
				dealer's license shall be subject to denial, suspension or revocation for any
				violation of the statute or regulations, whether committed by the dealer,
				his/her office, agent, employee, or other person acting in concert or
				participation with him/her.
B. A
				licensed dealer must be present in the outlet at the time of sale of a
				restricted use pesticide so that she/he may supervise the
				transaction.
C. Restricted-use and
				limited-use pesticides shall be stored separately in an area not accessible for
				self service.
D. No dealer shall
				sell any restricted-use pesticides to any person who does not have in his/her
				possession a valid license.
E. No
				dealer shall sell any limited-use pesticides to any person who does not have in
				his/her possession a valid license and limited-use permit.
F. Dealers shall either maintain a record of
				restricted sales pursuant to Chapter 50, "Record Keeping and Reporting
				Requirements".
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 34 - CERTIFICATION AND LICENSING PROVISIONS/PESTICIDE DEALERS › Section 026-34-6 - Transition

Current through 2024-29, July 17, 2024
For the purposes of converting from one year licenses and
				  five year certification periods to three year licenses with concurrent three
				  year certification periods, and to ensure that license expirations are evenly
				  distributed across any three year period, the Board may initially issue one,
				  two, or three year licenses with corresponding certification periods. Licensees
				  must obtain a proportional number of recertification credits per year during
				  the transition period. License fees will also be prorated in accordance with
				  the length of the license term. The length of the initial license terms will be
				  assigned by the Board when an existing license is renewed, based on the
				  applicant's last name.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 35 - CERTIFICATION AND LICENSING PROVISIONS/SPRAY CONTRACTING FIRMS › Section 026-35-1 - Competency Standards for Certification

Current through 2024-29, July 17, 2024
No person shall be certified as a spray contracting firm
				  unless it demonstrates that the firm will have in its employment a sufficient
				  number of licensed Master and Operator applicators to actively supervise and
				  conduct the program in accordance with all applicable laws and regulations, and
				  that such firm will otherwise be competent to responsibly make a pesticide
				  application. A responsible official of the contracting firm will sign a
				  statement attesting that he/she is familiar with and that the contracting firm
				  will comply with all statutes, rules, and guidelines of the
				  Board.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 35 - CERTIFICATION AND LICENSING PROVISIONS/SPRAY CONTRACTING FIRMS › Section 026-35-2 - Certification Procedures

Current through 2024-29, July 17, 2024
All applicants must complete and submit an application
				  provided by the Board which details the organizational structure of the spray
				  contracting firm.
A. Information shall
				include the firm name, chief officer, telephone number and location of the
				company headquarters, and business mailing address.
B. Information shall also include a listing
				of all Master applicators who shall have responsibility for spray programs
				conducted in Maine along with their business locations and telephone
				numbers.
C. Information shall also
				be included, as required on the application form, which demonstrates whether
				the firm has the necessary competence to responsibly apply pesticides in
				Maine.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 35 - CERTIFICATION AND LICENSING PROVISIONS/SPRAY CONTRACTING FIRMS › Section 026-35-3 - Licensing

Current through 2024-29, July 17, 2024
A.
Application
. Application for
				a spray contracting firm license shall be on the same form provided by the
				Board for certification information.
B.
Fee
. At the time of
				application, the applicant must submit a fee of $300.00.
1. For replacement or alteration -
				$5.00.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 35 - CERTIFICATION AND LICENSING PROVISIONS/SPRAY CONTRACTING FIRMS › Section 026-35-4 - Special Spray Contracting Firm Requirements

Current through 2024-29, July 17, 2024
A. No
				spray contracting firm may use or supervise the use of any pesticide within the
				State without prior certification from the Board.
B. Each spray contracting firm shall be
				responsible for the acts of those people in its employ and its license shall be
				subject to denial, refusal to renew, suspension, or revocation, and such firm
				shall otherwise be punishable under the law, for any violation of the statutes
				or regulations, whether committed by the owner, chief officer, agent, employee
				or other person acting in concert or participation with it.
C. No spray contracting firm shall make a
				forest insect aerial spray application until it ascertains that legally
				required notification has been given to the public and the Board, and there has
				been compliance with all other requirements for such an application, including
				any required licensing of its employees, agents and independent contractors and
				their employees.
D. A spray
				contracting firm shall cause its employees and agents to prepare reports
				pursuant to Chapter 50, "Record Keeping and Reporting".
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 35 - CERTIFICATION AND LICENSING PROVISIONS/SPRAY CONTRACTING FIRMS › Section 026-35-5 - Transitions

Current through 2024-29, July 17, 2024
For the purposes of converting from two year licenses to
				  three year licenses to ensure that license expirations are evenly distributed
				  across any three year period, the Board may initially issue one, two, or three
				  year licenses. License fees will be prorated in accordance with the length of
				  the license term. The length of the initial license terms will be assigned by
				  the Board when an existing license is renewed, based on company name.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 36 - CERTIFICATION AND LICENSING PROVISIONS / MONITORS AND SPOTTERS FOR FOREST INSECT AERIAL SPRAY PROGRAM (REPEALED) › Section 026-36-1 - Competency Standards for Certification - Monitor and Spotter (Repealed)

Current through 2024-29, July 17, 2024
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 36 - CERTIFICATION AND LICENSING PROVISIONS / MONITORS AND SPOTTERS FOR FOREST INSECT AERIAL SPRAY PROGRAM (REPEALED) › Section 026-36-2 - Certification Procedures for Monitors and Spotters (Repealed)

Current through 2024-29, July 17, 2024
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 36 - CERTIFICATION AND LICENSING PROVISIONS / MONITORS AND SPOTTERS FOR FOREST INSECT AERIAL SPRAY PROGRAM (REPEALED) › Section 026-36-3 - Licensing (Repealed)

Current through 2024-29, July 17, 2024
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 36 - CERTIFICATION AND LICENSING PROVISIONS / MONITORS AND SPOTTERS FOR FOREST INSECT AERIAL SPRAY PROGRAM (REPEALED) › Section 026-36-4 - Special Monitor and Spotter Requirements (Repealed)

Current through 2024-29, July 17, 2024
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 40 - MAINE RESTRICTED AND LIMITED-USE PESTICIDES › Section 026-40-1 - RESTRICTED USE PESTICIDES

Current through 2024-29, July 17, 2024
The products described under Section A and B below shall be
				  classified as restricted use pesticides for the purposes of this
				  chapter.
A. All products classified
				for restricted use by the U.S. Environmental Protection Agency shall
				automatically be restricted use pesticides under this chapter.
B. In addition, all products containing the
				following active ingredients and meeting the listed criteria shall be
				classified as restricted use pesticides in Maine:
arsenic compounds (above 2%) fenthion (Baytex)
azinphos-methyl (Guthion) fonophos (Dyfonate, above
				  15%)
chlorfenvinphos (4072) formetanate hydrochloride
				  (Carzol)
daminozide mercury compounds
dichlorvos (Vapona, DDVP, above 25%) methomyl (Lannate-all
				  uses except
**disulfoton (Disyston, above 1%) bait fomulations less than
				  2%
DNOC (Sinox, above 2%) methomyl)
***EBDC fungicides (Maneb, Mancozeb nicotine alkaloid
Dithane, Polyram, Metiram, etc) nicotine salts (above 40%
				  expressed
except dry flowable and liquid as alkaloid)
formulations oxamyl (Vydate)
endosulfan (Thiodan, above 10%) paraquat (above 0.2%)
endothall phosphorus (white and yellow)
ethion (above 40%) strychnine
trichlorfon
**Granular formulations of 10% and above are
				  restricted.
***All dusts and wettable powder formulations restricted,
				  regardless of concentration.
C. Restricted use pesticides may be sold only
				by restricted use pesticide dealers licensed by the Board as provided in
				Chapter 34.
D. Restricted use
				pesticides may be purchased and used only by applicators licensed by the Board
				as provided in Chapters 31 and 32.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 41 - SPECIAL RESTRICTIONS ON PESTICIDE USE › Section 026-41-1 - ALDICARB (TEMIK®)

Current through 2024-29, July 17, 2024
The registration of aldicarb (Temik 15G) is subject to the
				  following buffer zone requirements:
A.
				Aldicarb (Temik 15G) shall not be applied within 50 feet of any potable water
				source if that water source has been tested and found to have an aldicarb
				concentration in the range of one to ten parts per billion (ppb). The 50 foot
				buffer would be mandatory for one year with a required retesting of the water
				at the end of the period.
B.
				Aldicarb (Temik 15G) shall not be applied within 100 feet of any potable water
				source if that water source has been tested and found to have an aldicarb
				concentration in excess of 10 ppb. The 100 foot buffer would be mandatory for
				one year with a required retesting of the water at the end of this
				period.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 41 - SPECIAL RESTRICTIONS ON PESTICIDE USE › Section 026-41-2 - TRICHLORFON (DYLOX, PROXOL)

Current through 2024-29, July 17, 2024
The registration of trichlorfon (Dylox, Proxol) is subject
				  to the following requirements:
A.
				Trichlorfon shall only be used for control of subsurface insects on
				turf.
B. Prior to application the
				target pest must be identified and the severity of the infestation must be
				determined, including the extent of the damage.
C. Only infested areas shall be treated with
				trichlorfon. Broadcast treatments of the entire turf area are
				prohibited.
D. Following
				application, the trichlorfon must be watered into the soil with at least 1/2
				inch of water and according to the label directions. The applicator must assure
				that the appropriate watering will take place prior to re-entry by any
				unprotected person.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 41 - SPECIAL RESTRICTIONS ON PESTICIDE USE › Section 026-41-3 - HEXAZINONE (VELPAR, PRONONE)

Current through 2024-29, July 17, 2024
The registration of hexazinone is subject to the following
				  limitations and conditions.
A.
Licenses Required
No person shall use or supervise the use of any pesticide
				  containing the active ingredient hexazinone unless they have obtained an
				  applicators license in accordance with
				  22 M.R.S.
				  §1471-D.