Part 3: PUBLIC HEALTH HEADING: PL 1989, C. 487, §11 (RPR)
Chapter 258-A: BOARD OF PESTICIDES CONTROL
§1471-M. Powers of board
1.Establishment of categories and standards.
The board shall, by regulation promulgated in conformity with Title 5, chapter 375, subchapter II:
A. Establish categories, and where applicable subcategories, of commercial pesticide applicators and government pesticide supervisors
depending upon the nature and extent of the pesticide use, the type of pesticide equipment, the degree of knowledge or skill
required in their application and such other factors as the board deems relevant, provided that such categories shall be consistent
with, but not limited to, the categories established by the United States Environmental Protection Agency; [1981, c. 374, §8 (AMD).]
B. Establish competency standards for the established categories for the certification and renewal of certification of commercial
applicators. Such standards shall require, as a minimum, that the applicant demonstrate, by written examination and, as appropriate,
performance testing, knowledge of pests, formulation and labelling of pesticides, equipment and application techniques, safety
precautions, potential harmful effects on the environment, and applicable federal and state laws and regulations. [1975, c. 397, §2 (NEW).]
C. Establish standards for the certification and renewal of certification of private applicators. Such standards shall require
that the private applicator indicate satisfactory 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, to apply pesticides in
accordance with label instructions and warnings, to recognize local environmental situations that must be considered to avoid
contamination, to recognize poisoning symptoms and corrective procedures, and to understand applicable federal and state laws
and regulations. [1975, c. 397, §2 (NEW).]
C-1. Establish standards for the certification and renewal of certification of private applicators of general use pesticides.
Such standards must require that the private applicator of general use pesticides indicate satisfactory 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. [2011, c. 169, §3 (NEW).]
D. Establish the standards for issuance and renewal of licenses of pesticide dealers. These standards shall include, but not
be limited to, requirements concerning transportation of pesticides, the applicant's knowledge of applicable federal and state
statutes and regulations, and the applicant's understanding of the dangers involved and the precautions necessary for the
safe storage and distribution of pesticides; [1983, c. 819, Pt. A, §51 (AMD).]
E. Establish guidelines and requirements for reporting of information by commercial applicators, pesticide dealers, spray contracting
firms and monitors to the board; [1983, c. 819, Pt. A, §52 (AMD).]
F. Establish standards for the certification and renewal of certification of government pesticide supervisors. These standards
may require that the applicant demonstrate, by written examination and, as appropriate, performance testing, knowledge of
pests, formulation and labeling of pesticides, equipment and application techniques, safety precautions, potential harmful
effects on the environment and applicable federal and state laws and regulations. [1981, c. 374, §9 (NEW).]
G. Establish standards for the certification and renewal of certification of spotters and monitors; and [1983, c. 819, Pt. A, §53 (NEW).]
H. Establish standards for the certification and renewal of certification of spray contracting firms. [1983, c. 819, Pt. A, §53 (NEW).]
2011, c. 169, §3 (AMD)
2.Designation of critical areas; cooperation; promulgation of rules and regulations.
The board may:
A. [1987, c. 702, §3 (RP).]
B. Cooperate with any other agency of this State or its subdivisions, or with any agency of any other state or the Federal
Government for the purpose of administering this chapter and of securing uniformity of regulations; [1975, c. 397, §2 (NEW).]
C. On its own or in cooperation with other agencies or persons, publish such information as it deems appropriate, including
information concerning injury which might result from improper application or handling of pesticides, and methods and precautions
designed to prevent the injury; and [1987, c. 702, §4 (AMD).]
D. Promulgate such other rules and regulations and take such other actions as it deems appropriate to control the use and distribution
of pesticides within the State and to otherwise provide that the purposes and policies of this chapter are insured. [1975, c. 397, §2 (NEW).]
1987, c. 702, §§3, 4 (AMD)
3.Hazard communication and community right to know.
The board shall assist the Director of the Bureau of Labor Standards in providing education and training to aid agricultural
employers in complying with the federal Occupational Safety and Health Administration requirements for hazard communication
and shall assist the responsible state agencies in providing education and training to aid agricultural employers in complying
with the federal requirements for emergency and hazardous chemical inventory forms and community right-to-know reporting.
1999, c. 57, Pt. B, §2 (RPR)
4.Designation of critical areas.
The board may designate critical areas which shall include, but not be limited to, areas where pesticide use would jeopardize
endangered species or critical wildlife habitat, present an unreasonable threat to quality of the water supply, be contrary
to a master plan for the area where such area is held or managed by an agency of the State or Federal Government, or would
otherwise result in unreasonable adverse effects on the public health, welfare or the environment of the area. The designation
of a critical area may prohibit pesticide use or may include such limitations on such use as the board deems appropriate.
The proceedings to designate a critical area under this section shall conform to Title 5, chapter 375, subchapter II.
The board, by rule, shall establish criteria for designation of critical areas by March 1, 1989.
In addition to the provisions of the Maine Administrative Procedure Act, Title 5, section 8001, any municipality and, for
the purpose of representing unorganized territory, any county may petition the board for establishment of a critical area
within their boundaries. If the board designates a critical area, the board shall develop a pesticide management plan for
that area after receiving comments from the municipality or, for unorganized territory, the county; the volunteer medical
advisory panel as established through the board; local applicators; owners of land within the critical area; and other interested
parties and agencies.
1989, c. 502, Pt. A, §67 (AMD)
5.Disclosure of rights.
When issuing a license, the board shall provide to each licensee a written statement outlining the enforcement process and
the process of negotiating agreements in lieu of court action that may occur in the event enforcement action is pursued.
The Department of the Attorney General and the Department of Agriculture, Conservation and Forestry shall assist the board
in developing an appropriate written statement. The board shall make this information available to all existing licensees
within 30 days of the effective date of this section.
1989, c. 841, §9 (NEW);
2011, c. 657, Pt. W, §5 (REV)
Whenever the board or its staff investigates a complaint alleging a violation of rules adopted pursuant to Title 7, section
606, subsection 2, paragraph G, the staff shall make all reasonable efforts to notify the alleged violator, if identity is
known, prior to collecting samples.
1989, c. 841, §9 (NEW)
7.Data collection; report.
The board shall implement a system of record keeping, reporting, data collection and analysis that provides information
on the quantity of product and brand names of pesticides sold. The board, in cooperation with the University of Maine Cooperative
Extension Service, shall study ways to improve pesticide information data bases and to optimize the useful analysis of reported
Before April 1, 2002, the board shall submit a report on pesticide activities during the previous calendar year to the joint
standing committee of the Legislature having jurisdiction over pesticide control matters. The report must contain sales information
on quantities of pesticides sold listed by the common name of the active ingredient.
The board shall also include in the report aggregate data on pesticide use based on reports submitted to the board by commercial
applicators and other persons required to submit reports under this chapter and rules adopted pursuant to this chapter. The
board shall provide the data by sector of use whenever possible. The board shall provide the data by category of pesticide,
including data for herbicides, insecticides, fungicides and other major categories. In addition, the board shall include
in the report a summary of survey results or other information published by the University of Maine Cooperative Extension
Service or the United States Department of Agriculture relating to pesticides use in the State.
The board shall develop a measure to estimate sales and types of pesticides commonly used by homeowners and track trends in
the quantities and types of pesticides used by homeowners.
The board shall provide historical information on pesticide use and sales in the report when the information available is
appropriate for comparison.
2001, c. 355, §1 (AMD)
1975, c. 397, §2 (NEW).
1977, c. 694, §§343,344 (AMD).
1981, c. 374, §§8,9 (AMD).
1981, c. 470, §§A68,A69 (AMD).
1983, c. 568, §2 (AMD).
1983, c. 819, §§A51-A53 (AMD).
1987, c. 660, §1 (AMD).
1987, c. 702, §§3-5 (AMD).
1989, c. 502, §A67 (AMD).
1989, c. 841, §9 (AMD).
1997, c. 389, §1 (AMD).
1999, c. 57, §B2 (AMD).
1999, c. 724, §1 (AMD).
2001, c. 355, §1 (AMD).
2011, c. 169, §3 (AMD).
2011, c. 657, Pt. W, §5 (REV).
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