reglab/statecodes huggingface dataset:
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-20 - Conclusion of Hearing Reopening of Record; Further Proceedings

Current through 2024-29, July 17, 2024
Upon the conclusion of the hearing, no other evidence or
				  testimony shall be permitted unless the record is held open by the Board for
				  the receipt of additional material specifically designated. The Board may
				  reopen the record for further proceedings at any time prior to decision upon
				  provision of appropriate notice to parties and other interested
				  persons.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-21 - Decisions

Current through 2024-29, July 17, 2024
Every decision made at the conclusion of a proceeding subject
				  to this chapter shall be in writing and stated in the record. A copy of the
				  decision shall be delivered or promptly mailed to each party to the proceeding
				  or his/her representative of record. Written notice of the party's rights to
				  review of the decision by the courts, and of the action required and the time
				  within which such action must be taken in order to exercise the right to
				  review, shall be given to each party with the decision. The Board shall
				  maintain a record of the vote of each Board member with respect to the
				  decision. A majority of the Board members voting is required to support a
				  finding of an unfair practice under
				   13 MRSA
				  §1965.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-22 - Finding of Fact and Conclusions of Law

Current through 2024-29, July 17, 2024
Upon the request of any party made within 5 days after notice
				  of a decision, the Board shall make its written findings of fact and
				  conclusions of law.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-23 - Service of Written Materials

Current through 2024-29, July 17, 2024
Copies of all pleadings, briefs,, motions or documentary
				  evidence filed by a party with the Board shall also be served upon all other
				  parties to the proceeding or upon their attorneys, if represented by
				  counsel.
Except for the complaint, service upon a party or an attorney
				  may be effected by, and is complete when the paper is mailed, delivered in-hand
				  or delivered to the office of the party or attorney. For violation of this rule
				  the presiding officer may refuse to accept the material filed in the
				  record.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-24 - Time Periods

Current through 2024-29, July 17, 2024
In computing any time period prescribed or allowed by these
				  rules, the Maine Agricultural Marketing and Bargaining Act of 1973, or any
				  other applicable statute or order,, the day of the act or event after which the
				  designated period of time begins to run is not to be included. The last day of
				  the period so computed is to be included, unless it is a Saturday, a Sunday,,
				  or a legal holiday, in which event the period runs until the end of the next
				  day which is not a Saturday, Sunday, or a holiday. When the period of time
				  prescribed or allowed is less than ten days, intermediate Saturdays, Sundays
				  and holidays shall not be included in the computation.
For the purpose of this section, legal holidays shall include
				  days designated by the Governor as paid holidays for the purposes of state
				  employment.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 020 - AGRICULTURAL BARGAINING BOARD › Chapter 3 - RULES OF PROCEDURE FOR THE MAINE AGRICULTURAL BARGAINING BOARD › Rule 020-3-25 - Conflict of Interest; Duty to Excuse

Current through 2024-29, July 17, 2024
A member of the Board should disqualify himself or herself in
				  any proceeding in which the member has reason to believe that he or she could
				  not act with complete impartiality, or in a proceeding in which his or her
				  impartiality might reasonably be questioned.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 10 - DEFINITIONS AND TERMS › Section 026-10-1 - Consistent with Statute

Current through 2024-29, July 17, 2024
All terms used in these Chapters shall be defined as
				  indicated in Title 22 M.R.S.A., Chapter 258-A unless specifically provided
				  herein.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 10 - DEFINITIONS AND TERMS › Section 026-10-2 - Definitions

Current through 2024-29, July 17, 2024
A. "Aerial applicator" means all persons who
				dispense pesticides by means of any machine or device used or designed for
				navigation of or flight in the air.
B. "Agricultural pesticide application" means
				any application of a pesticide upon an agricultural commodity which is
				performed by or for a commercial agricultural producer.
C. "Air-carrier application equipment" means
				any application equipment that utilizes a mechanically generated airstream to
				propel the spray droplets.
D.
				"Applicant" means a person or persons who apply for a certification, license or
				permit authorized in
				22 M.R.S.A.
				§1471-D or §
									1471-N.
E. "Branch office" means:
1. any home, store or other business location
				where an employee of a spray contracting firm directly accepts requests for
				pest control services from clients through mail, telephone or walk-in
				inquiries, and
2. any government or
				university office where employees receive regular direction to apply pesticides
				in connection with their duties.
3.
				It does not include the home of an employee who receives work assignments and
				directions from a branch office with a master applicator.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 20 - SPECIAL PROVISIONS › Section 026-20-2 - Right-of-Way

Current through 2024-29, July 17, 2024
Deciduous growth over six feet in height and evergreen
				  growth over three feet in height shall not be sprayed with a herbicide within
				  the right-of-way of any public way except that deciduous growth which has been
				  cut to the ground and which has grown more than six feet during the growing
				  season following the cutting, may be sprayed that following season. In
				  addition, chemical pruning of single limbs of trees over the prescribed heights
				  may be performed.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 20 - SPECIAL PROVISIONS › Section 026-20-3 - Pesticide Storage and Disposal

Current through 2024-29, July 17, 2024
A. Unused
				pesticides, whether in sealed or open containers, must be kept in a secure
				enclosure and otherwise maintained so as to prevent unauthorized use,
				mishandling or loss; and so as to prevent contamination of the environment and
				risk to public health.
B. Obsolete,
				expired, illegal, physically or chemically altered or unusable pesticides,
				except household pesticide products, shall be either:
1. stored in a secure, safe place under
				conditions that will prevent deterioration of containers or any contamination
				of the environment or risk to public health, or
2. returned to the manufacturer or formulator
				for recycling, destruction, or disposal as appropriate, or
3. disposed of in a licensed hazardous waste
				facility or other approved disposal site that meets or exceeds all current
				requirements of the Maine Department of Environmental Protection and the U.S.
				Environmental Protection Agency for facilities receiving such waste.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 20 - SPECIAL PROVISIONS › Section 026-20-4 - Aquatic Applications

Current through 2024-29, July 17, 2024
No person, firm, corporation or other legal entity shall,
				  for the purpose of controlling aquatic pests, apply any pesticide to or in any
				  waters of the state as defined in
				  38 M.R.S.A.
				  §361-A(7) without
				  approval of the Maine Department of Environmental Protection.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 20 - SPECIAL PROVISIONS › Section 026-20-5 - Employer/Employee Requirements

Current through 2024-29, July 17, 2024
A. Any person
				applying pesticide shall instruct their employees and those working under their
				direction about the hazards involved in the handling of pesticides to be
				employed as set forth on the pesticide label and shall instruct such persons as
				to the proper steps to be taken to avoid such hazards.
B. Any person applying pesticides shall
				provide and maintain, for the protection of their employees and persons working
				under their direction, the necessary safety equipment as set forth on the label
				of the pesticide to be used.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 20 - SPECIAL PROVISIONS › Section 026-20-6 - Authorization for Pesticide Applications

Current through 2024-29, July 17, 2024
A.
				Authorization to apply pesticides to private property is not required when a
				pesticide application is made by or on behalf of the holder of an easement or
				right of way, for the purposes of establishing or maintaining such easement or
				right of way.
B. When the Maine
				Center for Disease Control and Prevention (CDC) has identified that an organism
				is a vector of human disease and the vector and disease are present in an area,
				a government entity shall obtain authorization for ground-based applications
				by:
1. Sending a written notice to the
				person(s) owning property or using residential rental, commercial or
				institutional buildings within the intended target site at least three days but
				not more than 60 days before the commencement of the intended spray
				applications. For absentee property owners who are difficult to locate, mailing
				of the notice to the address listed in the Town tax record shall be considered
				sufficient notice; and
2.
				Implementing an "opt out" option whereby residents and property owners may
				request that their property be excluded from the application by submitting
				written notice to the government entity at least 24 hours before spraying is
				scheduled to commence. Authorization is considered given for any property for
				which written notice was submitted and no "opt out" request was received by the
				sponsoring government entity.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 20 - SPECIAL PROVISIONS › Section 026-20-7 - Positive Identification of Proper Treatment Site

Current through 2024-29, July 17, 2024
A. Commercial applicators making outdoor
				treatments to residential properties must implement a system, based on Board
				approved methods, to positively identify the property of their customers. The
				Board shall adopt a policy listing approved methods of positive identification
				of the proper treatment site.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 21 - PESTICIDE CONTAINER DISPOSAL AND STORAGE › Section 026-21-A - Limited and Restricted-Use Pesticides Purchased In-State

Current through 2024-29, July 17, 2024
1.
Scope.
The rules in this
				Subchapter A apply to limited and restricted-use pesticides and their
				containers purchased from licensed Maine dealers. The following types of
				containers are exempt from these regulations but must be stored, handled and
				disposed of according to label directions and applicable D.E.P. regulations.
a. Paper, cardboard and fiberboard containers
				and plastic bags.
b. Containers of
				less than one-half pint volume.
c.
				Sealed containers, refillable only by the manufacturer or distributor, provided
				that such containers are required to be returned by the applicator to the
				manufacturer or distributor, that a deposit of no less than $50 per container
				is charged by the manufacturer or distributor to the applicator or purchaser,
				and that the manufacturer or distributor establishes and carries out a
				monitoring system which provides for the identification and tracking of each
				container.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 21 - PESTICIDE CONTAINER DISPOSAL AND STORAGE › Section 026-21-B - Limited and Restricted Use Pesticide Purchased Out-of-State

Current through 2024-29, July 17, 2024
1.
Scope.
The rules in this
				Subchapter B apply to limited and restricted use pesticides and their
				containers purchased out-of-state and brought into the State other than for
				resale, and which are held for use or used within the State. The following
				types of containers are exempt from these regulations but must be stored,
				handled and disposed of according to label directions and applicable D.E.P.
				regulations.
a. Paper, cardboard and
				fiberboard containers and plastic bags.
b. Containers of less than one-half pint
				volume.
c. Sealed containers,
				refillable only by the manufacturer or distributor, provided that such
				containers are required to be returned by the applicator to the manufacturer or
				distributor, that a deposit of no less than $50 per container is charged by the
				manufacturer or distributor to the applicator or purchaser, and that the
				manufacturer or distributor establishes and carries out a monitoring system
				which provides for the identification and tracking of each container.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 21 - PESTICIDE CONTAINER DISPOSAL AND STORAGE › Section 026-21-C - Held-over Containers

Current through 2024-29, July 17, 2024
After April 1, 1985, it shall be unlawful for any person to
				  possess a restricted or limited use pesticide container without a sticker
				  issued by the Board and affixed to the container, except as specifically
				  exempted under Subchapter A and B hereof and except for containers held by
				  dealers for sale. Stickers for pesticide containers subject to this regulation
				  in the possession of applicators or users on April 1, 1985 shall be obtained by
				  making a request, on forms provided for that purpose, to the Board of
				  Pesticides Control, Deering Building, AMHI Complex, Augusta, Maine 04333
1. The request must contain the following
				information:
a. The registered name of the
				pesticide, and the number of the containers.
b. The following certification "This is to
				certify that the pesticide containers described herein were in my possession on
				April 1, 1985," signed by the person requesting stickers.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 22 - STANDARDS FOR OUTDOOR APPLICATION OF PESTICIDES BY POWERED EQUIPMENT IN ORDER TO MINIMIZE OFF-TARGET DEPOSITION › Section 026-22-1 - EXEMPTIONS

Current through 2024-29, July 17, 2024
The regulations established by this chapter shall not apply
				  to pesticide applications in any of the following categories:
A. Applications of pesticides confined
				entirely to the interior of a building;
B. Applications of pesticides by non-powered
				equipment;
C. Applications of
				pesticides exclusively in granular or pelletized form;
D. Applications of pesticides injected
				underground or otherwise injected directly into the target medium. Such
				applications must involve no spraying of pesticides whatsoever.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 22 - STANDARDS FOR OUTDOOR APPLICATION OF PESTICIDES BY POWERED EQUIPMENT IN ORDER TO MINIMIZE OFF-TARGET DEPOSITION › Section 026-22-2 - STANDARDS OF CONDUCT FOR PESTICIDE APPLICATIONS

Current through 2024-29, July 17, 2024
All pesticide applications subject to these regulations
				  shall be undertaken in compliance with the following standards of
				  conduct:
A.
Equipment
I. Pesticide spray equipment shall be used in
				accordance with its manufacturer's recommendations and instructions, and shall
				be in sound mechanical condition, free of leaks and other defects or
				malfunctions which might cause pesticides to be deposited off-target.
II. Pesticide spray equipment shall be
				properly calibrated consistent with Board or University published guidance.
				Sufficient records to demonstrate proper calibration must be maintained and
				made available to representatives of the Board upon request.
III. Pesticide application equipment shall
				have properly functioning shut-off valves or other mechanisms which enable the
				operator to prevent direct discharge and minimize drift to non-target areas.
				Spray equipment designed to draw water must also have a properly functioning
				antisiphoning device.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 22 - STANDARDS FOR OUTDOOR APPLICATION OF PESTICIDES BY POWERED EQUIPMENT IN ORDER TO MINIMIZE OFF-TARGET DEPOSITION › Section 026-22-3 - STANDARDS FOR AERIAL APPLICATION OF PESTICIDES

Current through 2024-29, July 17, 2024
A.
Positive Identification of the
				Target Site
The person contracting for an aerial pesticide application
				  shall ensure that the application site (i.e., target area) is positively
				  identified prior to application, using a unique and verifiable method,
				  including;
I. An onboard,
				geo-referenced electronic mapping and navigation system (e.g., GPS);
				or
II. Effective site markings
				visible to the applicator; or
III.
				Other method(s) approved by the Board.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 22 - STANDARDS FOR OUTDOOR APPLICATION OF PESTICIDES BY POWERED EQUIPMENT IN ORDER TO MINIMIZE OFF-TARGET DEPOSITION › Section 026-22-5 - VARIANCES FROM STANDARDS

Current through 2024-29, July 17, 2024
A.
Variance
				Permit Application
An applicator may vary from any of the standards imposed
				  under this chapter by obtaining a permit to do so from the Board. Permit
				  applications shall be made on such forms as the Board provides and shall
				  include at least the following information:
I. The name, address, and telephone number of
				the applicant;
II. The area(s)
				where pesticides will be applied;
III. The type(s) of pesticides to be
				applied;
IV. The purpose for which
				the pesticide application(s) will be made;
V. The approximate date(s) of anticipated
				spray activities;
VI. The type(s)
				of spray equipment to be employed;
VII. The particular standards from which the
				applicant seeks a variance;
VIII.
				The particular reasons why the applicant seeks a variance from such standards,
				including a detailed description of the techniques to be employed to assure a
				reasonably equivalent degree of protection and of the monitoring efforts to be
				made to assure such protection;
IX.
				The names and addresses of all owners or lessees of land within 500 feet of the
				proposed spray activity, and evidence that such persons have been notified of
				the application. The Board may waive this requirement where compliance would be
				unduly burdensome and the applicant attempts to notify affected persons in the
				community by another means which the Board finds reasonable.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 22 - STANDARDS FOR OUTDOOR APPLICATION OF PESTICIDES BY POWERED EQUIPMENT IN ORDER TO MINIMIZE OFF-TARGET DEPOSITION › Section 026-22-6 - EMERGENCIES

Current through 2024-29, July 17, 2024
A. In the event that severe pest or weather
				conditions threaten to cause a significant natural resource and/or economic
				loss, as determined by the Commissioner of the Maine Department of Agriculture,
				Conservation and Forestry, the requirements contained in Section 3 of this
				Chapter shall be waived, subject to the following conditions:
I. The severe pest and/or weather conditions
				must necessitate immediate wide-scale aerial application of
				pesticides.
II. The immediate need
				for aerial pesticide application does not provide sufficient time to complete
				the requirements of Section 3 of this Chapter,
III. Prior to any aerial application, the
				Commissioner shall issue a press release notifying residents of affected
				regions about the emergency, the likelihood of aerial application in the
				affected regions and the approximate dates that the emergency may
				continue.
IV. The Commissioner, in
				consultation with the Board's staff, shall specify the requirements in Section
				3 that will be waived.
V. Land
				managers and aerial applicators shall make good faith efforts to comply with
				the intent of Section 3 and minimize off-target drift to Sensitive
				Areas.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 24 - PESTICIDE STORAGE FACILITY STANDARDS / PESTICIDE DISTRIBUTORS › Section 026-24-1 - Applicability of this Chapter

Current through 2024-29, July 17, 2024
A. Pesticide
				storage facilities owned and/or operated by distributors who are not required
				to hold either a general use or restricted use pesticide dealer license are
				exempt from this chapter.
B. All
				pesticides held for storage by pesticide distributors to whom this regulation
				applies must be stored in pesticide storage facilities as set forth in this
				chapter.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 24 - PESTICIDE STORAGE FACILITY STANDARDS / PESTICIDE DISTRIBUTORS › Section 026-24-2 - Exempted Products

Current through 2024-29, July 17, 2024
For the purpose of calculating the total amount of pesticide
				  in storage in a pesticide storage facility, the following products shall be
				  exempt from consideration.
A.
				Pesticide products with solely household uses and with no more than 3% active
				ingredients;
B. Dichlorvos (DDVP)
				impregnated strips with concentrations not more than 25% in resin strips and
				pet collars;
C. Pet supplies such
				as shampoos, tick and flea collars and dusts;
D. Disinfectants, germicides, bactericides
				and virucides;
E. Insect
				repellents;
F. Indoor and outdoor
				animal repellents;
G. Moth flakes,
				crystals, cakes and nuggets;
H.
				Indoor aquarium supplies;
I.
				Swimming pool supplies;
J.
				Pediculocides and mange cure on man;
K. Aerosol products;
L. General use paints, stains, and wood
				preservatives and sealants; and
M.
				Dry pesticides with percent active ingredient less than or equal to 5%
				.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 24 - PESTICIDE STORAGE FACILITY STANDARDS / PESTICIDE DISTRIBUTORS › Section 026-24-3 - Siting and Structural Requirements for New Major Pesticide Storage Facilities

Current through 2024-29, July 17, 2024
A. Applicability
All major pesticide storage facilities that become
				  operational after the effective date of this chapter must conform with the
				  provisions of this section.
B. Siting Requirements for New Major
				Pesticide Storage Facilities
I. No new major
				pesticide storage facility may be located:
a.
				in a 100 year flood plain;
b.
				overlying any aquifer which has been identified by a municipal as a current or
				future source of public drinking water; or
c. overlying any sand and gravel aquifer with
				a yield greater than 10 gallons per minute which has been mapped by the
				Department of Conservation, Maine Geological Survey.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 24 - PESTICIDE STORAGE FACILITY STANDARDS / PESTICIDE DISTRIBUTORS › Section 026-24-4 - Structural Requirements for All New and Existing Major Pesticide Storage Facilities

Current through 2024-29, July 17, 2024
A. Applicability
I. All new major pesticide storage facilities
				that become operational after the effective date of this chapter must conform
				with the provisions of this section.
II. All existing major pesticide storage
				facilities must be upgraded to conform with the provisions of this section by
				no later than January 1, 1997.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 24 - PESTICIDE STORAGE FACILITY STANDARDS / PESTICIDE DISTRIBUTORS › Section 026-24-5 - Structural Requirements for All New and Existing Minor Pesticide Storage Facilities

Current through 2024-29, July 17, 2024
A. Applicability
I. All new minor pesticide storage facilities
				that become operational after the effective date of this chapter must conform
				with the provisions of this section.
II. All existing minor pesticide storage
				facilities must be upgraded to conform with the provisions of this section by
				no later than January 1, 1997.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 24 - PESTICIDE STORAGE FACILITY STANDARDS / PESTICIDE DISTRIBUTORS › Section 026-24-6 - Operational and Emergency Equipment Requirements for All Major and Minor Pesticide Storage Facilities

Current through 2024-29, July 17, 2024
A. All pesticide
				storage facilities shall be kept securely locked at all times, except when
				authorized personnel are present.
B. Each entrance to the pesticide storage
				facility shall be prominently posted with the words, "Danger - Pesticide
				Storage - Keep Out."
C. No smoking
				shall be allowed in any pesticide storage area. All entrances to the pesticide
				storage facility shall be posted with signs indicating smoking is not
				allowed.
D. All pesticide
				containers shall be stored in a manner that prevents damage and allows
				inspection for rusting, bulging or leaking. All containers held in storage
				shall be in good condition and have full labeling intact. Pesticide
				distributors must conduct periodic inspection of containers for rust and/or
				leaks.
E. Emergency Equipment
I. All pesticide storage facilities shall be
				equipped with at least one eye wash station capable of flushing eyes for a
				minimum of fifteen minutes.
II. All
				pesticide storage facilities shall be equipped with fire extinguishers that are
				capable of extinguishing all types of fires that may occur in the pesticide
				storage facility. These fire extinguishers must be clearly marked as to their
				fire suppression capabilities. The number and placements of fire extinguishers
				shall conform with the National Fire Protection Association Standard No.
				10.
III. All pesticide storage
				facilities shall be equipped with spill response and clean-up equipment,
				including, but not limited to, absorbents, empty containers, brooms and shovels
				and personal protective equipment for employees.
a. Compatible absorbents for water and
				oil-based products shall be present in sufficient quantity to clean up
				two-times the volume of the largest container stored in the facility.
b. Proper personal protective clothing and
				equipment, as well as training to use that equipment, shall be provided to
				employees and emergency responders.
c. Pesticide distributors may coordinate the
				provision of spill response equipment with other facilities in the locality as
				will as with appropriate municipal safety agencies.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 24 - PESTICIDE STORAGE FACILITY STANDARDS / PESTICIDE DISTRIBUTORS › Section 026-24-7 - Special Requirements for Pesticide Distributor Self-Service Sales Areas

Current through 2024-29, July 17, 2024
A. All pesticides, unless they are exempted
				products under 22 M.R.S.A. §1471-W(5), shall be displayed in a separate
				area that is identified by a Board approved sign informing the public where to
				obtain additional information. The signs must be positioned between four and
				seven feet above the floor and prominently posted in all areas where non-exempt
				pesticides are displayed.
B. All
				pesticide containers in the self-service sales area shall be in good condition
				and have full labeling intact. It is prohibited to have torn, punctured, rusted
				or leaking pesticide containers in the self-service sales area.
C. All pesticide products not exempted under
				22 M.R.S.A. §1471-W(5) shall not be displayed within 10 feet of food or
				animal feed products unless they are stored in adjoining aisles separated by a
				solid barrier. Pesticides shall not be on display above food or animal feed
				products.
D. Any outdoor pesticide
				display area must be securely fenced and must have a roof to protect the
				material from the elements.
E. Each
				retail or wholesale establishment must be equipped with spill cleanup materials
				sufficient to absorb 2 times the volume of the largest container stored. These
				cleanup materials must be readily available and easily accessible.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 24 - PESTICIDE STORAGE FACILITY STANDARDS / PESTICIDE DISTRIBUTORS › Section 026-24-8 - Local Ordinances

Current through 2024-29, July 17, 2024
These regulations are minimum standards and are not meant to
				  preempt any local ordinances which may be more stringent.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 24 - PESTICIDE STORAGE FACILITY STANDARDS / PESTICIDE DISTRIBUTORS › Section 026-24-9 - 40 CFR, Part 165, Federal Pesticide Management and Disposal Rule Adopted by Reference

Current through 2024-29, July 17, 2024
The Federal Pesticide Management and Disposal Rule, 40 CFR,
				  Part 165 (July 1, 2008), is incorporated herein by reference
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 26 - STANDARDS FOR PESTICIDE APPLICATIONS AND NOTIFICATION FOR ALL OCCUPIED BUILDINGS EXCEPT K-12 SCHOOLS › Section 026-26-1 - Definitions

Current through 2024-29, July 17, 2024
A.
Applicator.
For the purposes
				of this regulation, Applicator means a commercial applicator or other persons
				who apply pesticides to occupied buildings.
B.
Client.
For the purposes of
				this regulation, Client is the person who either owns or manages the Occupied
				Building and who contracts with a commercial applicator to monitor and/or
				control pests.
C.
Crack and
				Crevice Treatment.
For the purposes of this regulation, Crack and
				Crevice Treatment means using an injector tip and placing the tip inside an
				opening to apply small amounts of pesticides into cracks and crevices in which
				pests hide or through which they may enter a building. Such openings commonly
				occur at expansion joints, between elements of construction, and between
				equipment and floors. These openings may lead to voids such as hollow walls,
				equipment legs and bases, conduits, motor housings, and junction or switch
				boxes. This does not include spraying a band covering the baseboards or
				mopboards or spraying above the baseboards or mopboards.
D.
Integrated Pest Management.
For the purposes of this regulation, Integrated Pest Management (IPM) is a
				process that utilizes regular monitoring to determine if and when a treatment
				is needed. It employs physical, mechanical, cultural, chemical, biological and
				educational programs to keep pest populations low enough to prevent intolerable
				damage or annoyance. Pesticides should be only one of many options considered
				for solving a pest problem, and when required, target-specific, low impact
				pesticides and application techniques should be employed. Furthermore,
				pesticide applications are not made according to a pre-determined schedule but
				are only made when and where monitoring, or a previous history of pest
				incidence has indicated that the pest will cause unacceptable economic, medical
				or aesthetic damage. The IPM program must as a result be environmentally,
				socially, and economically compatible to meet current public
				expectations.
E.
Occupied
				Building.
For the purposes of this regulation, Occupied Building means
				any public, private, commercial or institutional structure used or occupied by
				persons on a regular, long-term basis as a residence or for occupations. These
				include but are not limited to rented residential buildings, condominiums,
				licensed childcare facilities and nursery schools, and governmental, commercial
				and institutional buildings.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 26 - STANDARDS FOR PESTICIDE APPLICATIONS AND NOTIFICATION FOR ALL OCCUPIED BUILDINGS EXCEPT K-12 SCHOOLS › Section 026-26-2 - Exemptions

Current through 2024-29, July 17, 2024
A. The following pesticide uses are exempt
				from the requirements of this Chapter:
1.
				application of ready-to-use general use pesticides by hand or with non-powered
				equipment to control or repel stinging or biting insects when there is an
				urgent need to mitigate or eliminate a pest that threatens the health or safety
				of any person;
2. application of
				general use antimicrobial products by hand or with non-powered equipment to
				interior or exterior surfaces and furnishings during the course of routine
				cleaning procedures;
3. application
				of paints, stains or wood preservatives that are classified as general use
				pesticides;
4. application of
				pesticides by a resident to his or her own residential unit;
5. commercial application of pesticides where
				the resident has contracted for application to his or her own personal
				residential unit; and
6. indoor
				applications of pesticides injected into closed systems for control of nuisance
				microbial organisms.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 26 - STANDARDS FOR PESTICIDE APPLICATIONS AND NOTIFICATION FOR ALL OCCUPIED BUILDINGS EXCEPT K-12 SCHOOLS › Section 026-26-3 - Notification

Current through 2024-29, July 17, 2024
A.
Notice to Residents
1. At least 24 hours and no more than seven
				days in advance of a pesticide application not exempted by Section 2, the
				applicator must provide or cause to be provided a Board approved written notice
				(see Appendix(A) to the resident or residents of an apartment unit, condominium
				unit or other rented residential unit to be treated, where the residents of
				that unit did not request the impending pesticide application. The notice may
				be mailed or provided directly to the residents and shall explain that
				pesticides may be used in their residential unit and that they have the right
				to ask for and receive more specific information described in Section 3(D) of
				this regulation. If the resident asks for further information specified in
				Section 3(D), the applicator must provide it.
2. If an application not exempted by Section
				2 will be made to common areas of these rental residential buildings, the
				applicator must post or cause to be posted a Board approved written notice (see
				Appendix(A) at least 24 hours in advance and no more than seven days in advance
				of the planned application informing the residents of that building that
				pesticides will be used in the common areas and that they have the right to ask
				for and receive more specific information as described in Section 3(D). The
				Board approved written notice must remain posted for at least 48 hours
				following the application.
3. The
				applicator may fulfill the requirements of subsections 3(A)(1) and 3(A)(2) by
				providing the Board approved notice and instructing the landlord or building
				manager to distribute the notice to the residents as described in subsection
				3(A)(1) or to post the notice as described in subsection 3(A)(2) as
				appropriate. The applicator must confirm with the landlord or building manager
				that the requirements of subsections 3(A)(1) and 3(A)(2) have been met before
				making any application not exempt under Section 2 of this Chapter. The person
				who carries out the notification and confirms that the requirements have been
				fulfilled is responsible for that notification.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 26 - STANDARDS FOR PESTICIDE APPLICATIONS AND NOTIFICATION FOR ALL OCCUPIED BUILDINGS EXCEPT K-12 SCHOOLS › Section 026-26-4 - Integrated Pest Management Techniques

Current through 2024-29, July 17, 2024
A.
				Applicators must undertake pest management activities using appropriate
				elements of integrated pest management. In all cases, any application shall be
				conducted in a manner to minimize exposure and human risk to the maximum extent
				practicable using currently available technology.
B. Applicators must identify conditions
				conducive to the development of pest problems. Commercial applicators must
				provide to the client a written evaluation of pest conducive conditions and
				must provide specific recommendations for practical non-pesticide control
				measures.
C. Prior to any pesticide
				application, applicators must identify the pest specifically and evaluate the
				infestation severity and any associated damage except as provided in
				Section4(C)(1) and (2) below.
1. Where there
				is a history of pest infestation and conditions are conducive to pest
				infestations, baits, gels, pastes or granular materials placed in areas not
				readily accessible to residents, employees, patients, or children and crack and
				crevice treatments designed to control commonly occurring pests in these areas
				may be used without specific evidence that a significant population is
				currently present.
2. For specific
				public health pests designated by Board policy, baits, gels, pastes, granular
				materials or crack and crevice treatments placed in areas not readily
				accessible to residents, employees or customers may be used without specific
				evidence of an infestation.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 26 - STANDARDS FOR PESTICIDE APPLICATIONS AND NOTIFICATION FOR ALL OCCUPIED BUILDINGS EXCEPT K-12 SCHOOLS › Section 026-26-5 - Risk Minimization

Current through 2024-29, July 17, 2024
A. Prior to
				pesticide application, applicators must take into account the toxicity of
				recommended product(s) and choose low risk product(s) based on efficacy,
				volatility, the potential for exposure, the signal word on the pesticide label,
				the material safety data sheet and any label language imposing a ventilation
				requirement.
B. Unless prohibited
				by the label, only baits, gels, pastes or granular materials and crack and
				crevice treatments may be used when residents, patients, children, customers
				and unconsenting employees are in the same room.
C. Prior to making an application,
				applicators must also consider the following:
1. The principal uses for the room to be
				treated including if it is primarily occupied by sensitive individuals such as
				children, older adults or persons with chronic illnesses.
2. The type of treatment being made and the
				likelihood that people or pets will come into contact with the treated area
				following the application.
3. The
				volatility of the product being applied and the practical need to ventilate the
				treated room(s) prior to re-entry. In all cases, label statements relative to
				ventilation or re-entry shall be minimum requirements.
4. The type of ventilation system, if
				present, including whether it serves only the treated room(s) or the entire
				building, and whether it can and should be shut off while the treatment is
				performed.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 26 - STANDARDS FOR PESTICIDE APPLICATIONS AND NOTIFICATION FOR ALL OCCUPIED BUILDINGS EXCEPT K-12 SCHOOLS › Section 026-26-6 - Tenant's Consent

Current through 2024-29, July 17, 2024
Except in cases where a public health or code enforcement
				  official with jurisdiction has determined a need for immediate pest management,
				  application to a tenant's residential unit is prohibited if the tenant is
				  opposed to such treatment. A pesticide application may not be made until such
				  time as alternative control measures have been tried and documented as to their
				  failure to control a pest problem, which poses health risks, threatens
				  significant property damage or threatens to infest other parts of the
				  building.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 26 - STANDARDS FOR PESTICIDE APPLICATIONS AND NOTIFICATION FOR ALL OCCUPIED BUILDINGS EXCEPT K-12 SCHOOLS › Section 026-26-7 - Other Requirements

Current through 2024-29, July 17, 2024
These regulations do not affect pesticide label instructions,
				  which may be more restrictive in certain cases. Under federal and state law,
				  wherever particular label instructions impose standards that are more
				  restrictive than these regulations, such label instructions must be followed.
				  Similarly, these regulations do not affectmore restrictive regulations or
				  guidelines applicable to particular types of pesticide applications.
Code of Maine Rules › 01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY › 026 - BOARD OF PESTICIDES CONTROL › Chapter 26 - STANDARDS FOR PESTICIDE APPLICATIONS AND NOTIFICATION FOR ALL OCCUPIED BUILDINGS EXCEPT K-12 SCHOOLS › Section 026-26-8 - Transition

Current through 2024-29, July 17, 2024
This regulation will become effective on January 1, 2007.
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 026-27-1 - Definitions

Current through 2024-29, July 17, 2024
A.
Integrated Pest Management
.
				For the purposes of this rule, Integrated Pest Management (IPM) means the
				selection, integration and implementation of pest damage prevention and control
				based on predicted socioeconomic and ecological consequences, including:
1 understanding the system in which the pest
				exists,
2 establishing dynamic
				economic or aesthetic injury thresholds and determining whether the organism or
				organism complex warrants control,
3 monitoring pests and natural
				enemies,
4 when needed, selecting
				the appropriate system of cultural, mechanical, genetic, including resistant
				cultivars, biological or chemical prevention techniques or controls for desired
				suppression, and
5 systematically
				evaluating the pest management approaches utilized.
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 026-27-2 - Requirements for All Schools

Current through 2024-29, July 17, 2024
A. All public and
				private schools in the State of Maine shall adopt and implement a written
				policy for the application of Integrated Pest Management techniques in school
				buildings and on school grounds.
B.
				Each school shall appoint an IPM Coordinator who shall act as the lead person
				in implementing the school's Integrated Pest Management policy. The IPM
				Coordinator shall be responsible for coordinating pest monitoring and pesticide
				applications, and making sure all notice requirements as set forth in this rule
				are met. In addition, the IPM Coordinator shall:
1 complete Board-approved IPM Coordinator
				overview training within one month of his/her first appointment as an IPM
				Coordinator and obtain Board documentation thereof;
2 complete Board-approved IPM Coordinator
				comprehensive training within one year of his/her first appointment as an IPM
				Coordinator and obtain Board documentation thereof;
3 obtain at least one hour of Board-approved
				continuing education annually;
4
				maintain and make available to parents, guardians and staff upon request:
a. the school's IPM Policy,
b. a copy of this rule (CMR 01-026 Chapter
				27),
c. a "Pest Management Activity
				Log," which must be kept current. Pest management information must be kept for
				a minimum of two years from date of entry, and must include:
i. the specific name of the pest and the IPM
				steps taken, as described under Section 5C of this rule; and
ii. a list of pesticide applications
				conducted on school grounds, including the date, time, location, trade name of
				the product applied, EPA Registration number, company name (if applicable) and
				the name and license number of the applicator. If the product has no EPA
				Registration number, then a copy of the label must be included.
5 authorize any
				pesticide application not exempted under Sections 3A(2), 3A(3), 3B, 3C, or 3D
				made in school buildings or on school grounds and so indicate by completing and
				signing an entry on the Pest Management Activity Log prior to, or on the date
				on which the minimum notification requirements must be implemented;
				and
6 ensure that any applicable
				notification provisions required under this rule are implemented as
				specified.
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 026-27-3 - Exemptions

Current through 2024-29, July 17, 2024
A. The following pesticide uses are exempt
				from the requirements of Sections 4 and 5 of this rule:
1 application of ready-to-use general use
				pesticides by hand or with non-powered equipment to control or repel stinging
				or biting insects when there is an urgent need to mitigate or eliminate a pest
				that threatens the health or safety of a student, staff member or
				visitor,
2 application of general
				use antimicrobial products by hand or with non-powered equipment to interior or
				exterior surfaces and furnishings during the course of routine cleaning
				procedures, and
3 application of
				paints, stains or wood preservatives that are classified as general use
				pesticides.