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 026-22-4 - GENERAL STANDARDS FOR OFF-TARGET PESTICIDE DISCHARGE AND RESIDUE

Current through 2024-29, July 17, 2024
A.
Prohibition of Unconsented,
				Off-Target Direct Discharge of Pesticides
Pesticide applications shall be undertaken in a manner which
				  does not result in off-target direct discharge of pesticides, unless prior
				  authorization and consent is obtained from the owner or lessee of the land onto
				  which such discharge may occur in a manner consistent with the pesticide
				  label.
B.
Standards
				for Unconsented, Off-Target Drift of Pesticides
I.
General Standard
. Pesticide
				applications shall be undertaken in a manner which minimizes pesticide drift to
				the maximum extent practicable, having due regard for prevailing weather
				conditions, toxicity and propensity to drift of the pesticide, presence of
				Sensitive Areas in the vicinity, type of application equipment and other
				pertinent factors.
II.
Prima
				Facie Evidence
. Pesticide residues in or on any off-target Sensitive
				Area Likely to Be Occupied resulting from off-target drift of pesticides from a
				nearby application that are 1% or greater of the residue in the target area are
				considered prima facie evidence that the application was not conducted in a
				manner to minimize drift to the maximum extent practicable. The Board shall
				review the site-specific application checklist completed by the applicator and
				other relevant information to determine if a violation has occurred. For
				purposes of this standard, the residue in the target area, and the residue in
				the Sensitive Area Likely to Be Occupied, may be adequately determined by
				evaluation of one or more soil, foliage or other samples, or by extrapolation
				or other appropriate techniques.
III.
Standard of Harm
. An
				applicator may not apply a pesticide in a manner that results in:
(i) Off-target pesticide residue detected in
				or on any nearby crop which violates EPA tolerances for that crop, as
				established under 40 CFR, Part 180.
(ii) Off-target pesticide residue detected in
				or on any nearby organic farm or garden which causes the agricultural products
				thereof to be excluded from organic sale in accordance with 7 CFR, Part 205,
				Section
				205.671.
(iii) Off-target pesticide residue
				detected on any nearby persons or vehicles using public roads.
(iv) Documented human illness. For this
				standard to be met, the Board must receive verification from two physicians
				that an individual has experienced a negative health effect from exposure to an
				applied pesticide and that the effect is consistent with epidemiological
				documentation of human sensitivity to the applied pesticide.
(v) Off-target damage or injury to any
				organism.
IV.
Enforcement Considerations
. The Board shall consider the
				particular circumstances of violations arising from Subsections 4(B)(I) and
				(III) in determining an appropriate response, including, but not limited to:
(i) The standard of care exercised by the
				applicator;
(ii) The degree of harm
				or potential harm that resulted from or could have resulted from off-target
				drift from the application;
(iii)
				The risk (toxicity and exposure) of adverse effects from the pesticide
				applied.