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 026-40-2 - PROHIBITED AND LIMITED USE PESTICIDES

Current through 2024-29, July 17, 2024
A. All
				products containing the following active ingredients shall be classified as
				limited use pesticides in Maine:
Aldrin
Methyl Parathion (Microencapsulated
Chlordane
forms only)
Heptachlor
Sodium monofluoroacetate
							 (Compound 1080)
Lindane
Toxaphene
B.
				Limited use pesticides may be sold only by restricted use pesticide dealers
				licensed by the Board as provided in Chapter 34.
C. Limited use pesticides may be purchased
				and used only by applicators licensed by the Board as provided in Chapters 31
				and 32 and holding a permit from the Board as provided in subsections E and F
				below.
D. An application to use any
				limited use pesticides shall be made to the Board in writing on such forms as
				may be provided by the Board. Applications shall include, at a minimum, the
				chemical to be used, the pest or pests which are the target of such chemical
				application, the vegetation to which it will be applied, the location and
				detailed description of the application site, and the amount of land to be
				covered by such application. When, in the opinion of the Board, any bona fide
				emergency prevents a written application to the Board, such application may be
				made orally to any member or employee of the Board. Failure of any applicator
				to exercise due diligence or to reasonably anticipate any situation which would
				create the need for the use of any limited use pesticide shall not be
				considered an emergency within the scope of this section.
E. The Board may grant such applicant
				permission to use or apply any limited use pesticide if the Board determines
				that (1) the pesticide applicator is appropriately licensed, (2) an unusually
				heavy infestation of insects or other pests creates the prospect of a
				significant economic loss to the applicant or any other person or creates a
				public health hazard, (3) no suitable chemical, biological or other method is
				available to prevent or reduce the impact of such infestation to an acceptable
				level, (4) the use of such limited use pesticide will not create an undue risk
				to human life nor cause significant detrimental effects upon the environment,
				and (5) such use is in compliance with FIFRA and the rules and regulations
				promulgated thereunder. Permission to use such limited use pesticide may be
				granted upon such reasonable terms and conditions as the Board deems necessary
				to protect the health, safety and general welfare of the environment and the
				people of the State of Maine and to achieve the purpose of the statute.
				Permission to use any limited use pesticide during any bona fide emergency
				situation may be granted upon the oral consent of a majority of the Board given
				to the director or chairman of the Board or such other member of the Board who
				received the oral application. Such oral consent shall thereafter be confirmed
				in writing by such members to the director within ten (10) days.
F. The outdoor use or application of benzene
				hexachloride (including lindane) for the purpose of controlling mosquitoes and
				other biting flies is hereby prohibited in the State of Maine on or after
				September 1, 1970.