An Act To Prohibit the Use of Pesticides in Certain Circumstances
Sec. 1. 7 MRSA §606, sub-§3 is enacted to read:
All persons, including state and municipal agencies, are subject to the prohibitions in this subsection and subsection 4.
Sec. 2. 7 MRSA §606, sub-§4 is enacted to read:
Sec. 3. 22 MRSA §454-A, sub-§2, ¶H, as enacted by PL 2007, c. 598, §7, is amended to read:
(1) Laws pertaining to the exclusion of students from school under Title 20-A, section 6356;
(2) Laws pertaining to control of browntail moths under section 1444;
(3) Laws pertaining to the removal of a private nuisance or nuisance of a dead animal under sections 1561 and 1562;
(4) Laws pertaining to the establishment of temporary health care facilities under section 1762; and
(5) Laws pertaining to prohibited dumping under Title 30-A, section 3352.
Sec. 4. 22 MRSA c. 257-A, as amended, is repealed.
Sec. 5. 22 MRSA §1471-R, as enacted by PL 1983, c. 819, Pt. A, §54, is repealed.
Sec. 6. 22 MRSA §1471-S, as enacted by PL 1983, c. 819, Pt. A, §54, is repealed.
Sec. 7. 22 MRSA §1471-T, as enacted by PL 1983, c. 819, Pt. A, §54, is repealed.
Sec. 8. 22 MRSA §1471-Z, sub-§2, as enacted by PL 2009, c. 584, §2, is amended to read:
Upon the request of a person receiving notification under this subsection, a land manager shall provide the material safety data sheets for the pesticides being used or copies of the pesticides labels. A land manager is not required to postpone an application pending delivery of the requested information.
Sec. 9. 22 MRSA §1471-Z, sub-§3, ¶A, as enacted by PL 2009, c. 584, §2, is repealed.
Sec. 10. 22 MRSA §1471-Z, sub-§4, as enacted by PL 2009, c. 584, §2, is amended to read:
Sec. 11. 22 MRSA §1471-Z, sub-§7, ¶A, as enacted by PL 2009, c. 584, §2, is repealed.
Sec. 12. Board of Pesticides Control to revise rules. The Department of Agriculture, Food and Rural Resources, Board of Pesticides Control shall revise its rules as necessary to be consistent with this Act. Necessary revisions must be made and in effect no later than April 1, 2012. Notwithstanding the Maine Revised Statutes, Title 7, section 610, subsection 6 and Title 22, section 1471-Z, subsection 9, rules adopted or amended under this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 13. Naturally occurring pesticides as alternative to synthetic chemicals. As resources allow, the Department of Agriculture, Food and Rural Resources, Board of Pesticides Control shall review naturally occurring pesticides and identify those that provide an effective substitute for synthetic chemicals that are more toxic to humans. The board shall develop a list of pest problems that can be addressed with a specific naturally occurring pesticide and move toward prohibiting the use of a more toxic synthetic chemical wherever feasible.
summary
This bill prohibits the application of pesticides using aircraft. It prohibits use of pesticides for aesthetic purposes, for removing vegetation in parks and for removing roadside vegetation when the vegetation can be controlled by other means. It directs the Department of Agriculture, Food and Rural Resources, Board of Pesticides Control to revise its rules as necessary to be consistent with this Act and designates such rules as routine technical. It directs the board to examine the feasibility of prohibiting synthetic chemical pesticides when less toxic, naturally occurring pesticides provide a better alternative.