2013 Maryland Code
AGRICULTURE
§ 5-208 - Information to be supplied customer; advance notice of application; signs posted for exterior applications; information to be supplied Department prior to application of experimental pesticide

§5-208.

(a) When a pesticide is applied, or at the time a customer enters into a contract with a licensee for pest control, a licensee shall provide a customer with the following written information:

(1) Name of licensee;

(2) Maryland pesticide business license number;

(3) Telephone number of licensee;

(4) Common name of pesticide or active ingredient applied;

(5) Pertinent safety information, as determined by the Department, including health risks for humans and animals, about pesticide in the end-use dilution applied;

(6) Maryland Poison Center telephone number; and

(7) Any other information required by the Department.

(b) Upon the customer’s request, the licensee shall provide the customer with advance notice of a pesticide application.

(c) (1) A licensee or public agency permittee applying a pesticide to a lawn or to exterior landscape plants shall post at the time of application a sign.

(2) The sign shall remain 48 hours following the pesticide application, after which time the customer is responsible for the removal of the sign.

(3) (i) A person may not remove, alter, or deface the sign or agree or conspire with another to remove, alter, or deface the sign within 48 hours of its posting.

(ii) The customer or licensee may not be held liable for any penalty for sign removal under this subtitle if the sign is removed by another person or cause over which the customer or licensee has no control.

(4) The sign shall:

(i) Be clearly visible either from the principal place of access to the property; or

(ii) Be clearly visible on the portion of the property where the pesticide is applied.

(5) The sign shall contain a uniform statement approved by the Department.

(d) Before applying an experimental use pesticide, the holder of the required experimental use permit from the U.S. Environmental Protection Agency shall provide the Department with the following information:

(1) Name of cooperator;

(2) Location of planned application or treatment;

(3) Name of active ingredient of pesticide;

(4) Purpose of application or use;

(5) Total acreage being affected by application;

(6) Toxicological profile of pesticide; and

(7) Any other information required by the Department.

§ 5-208 - 1. Integrated pest management systems in schools and school grounds

(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Contact person" means an individual knowledgeable about integrated pest management and designated by a county board to act under subsection (e) of this section.

(3) "County board" has the meaning stated in § 1-101 of the Education Article.

(4) "Crack and crevice treatment" means the application of small amounts of a pesticide in a building into openings such as those commonly found at expansion joints, between levels of construction, and between equipment and floors.

(5) "Emergency" means a sudden need to mitigate or eliminate a pest which threatens the health or safety of a student or staff member.

(6) "Integrated pest management" means a managed pest control program in which methods are integrated and used to keep pests from causing economic, health related, or aesthetic injury through the utilization of site or pest inspections, pest population monitoring, evaluating the need for control, and the use of one or more pest control methods including sanitation, structural repair, nonchemical methods, and, when nontoxic options are unreasonable or have been exhausted, pesticides in order to:

(i) Minimize the use of pesticides; and

(ii) Minimize the risk to human health and the environment associated with pesticide applications.

(7) "Pesticide" does not include:

(i) An antimicrobial agent, such as a disinfectant, sanitizer, or deodorizer, used for cleaning purposes; or

(ii) Any bait station.

(8) "School" means a public school in the public elementary and secondary system of the State.

(9) (i) "Space spraying" means application of a pesticide by discharge into the air throughout an area.

(ii) "Space spraying" does not include crack and crevice treatment.

(10) (i) "Staff member" means an employee of a school system.

(ii) "Staff member" includes administrators, teachers, and other support personnel.

(iii) "Staff member" does not include:

1. A registered employee or applicator certified by the Department; or

2. A person assisting in the application of a pesticide.

(11) "Universal notification" means written notice by a school to all parents, guardians, and staff members.

(b) Applicability. -- This section applies to pesticide application in a school building or on school grounds.

(c) Uniform standards and criteria; deadline. --

(1) The Department shall develop uniform standards and criteria for implementing integrated pest management systems in schools.

(2) The Department shall develop uniform standards and criteria for implementing integrated pest management for school grounds by March 15, 2001.

(d) System; approval; deadline. --

(1) A county board shall develop and implement in its schools an integrated pest management system approved by the Secretary.

(2) On or before the beginning of the 2001 school year, a county board shall develop and implement an integrated pest management system for school grounds approved by the Secretary.

(e) Contact person. --

(1) A county board shall designate a contact person.

(2) The contact person shall:

(i) Act as a contact for inquiries about the integrated pest management system; and

(ii) Maintain material safety data sheets and labels for all pesticides which may be used in the school district of the county board.

(f) Notice of system. --

(1) At the beginning of each school year, a school shall include notice of the school's integrated pest management system in the school calendar or other universal notification.

(2) The notice shall include:

(i) A statement that explains the school's integrated pest management system and lists any pesticide or bait station that may be used in a school building or on school grounds as part of the integrated pest management system;

(ii) The name, address, and telephone number of the contact person;

(iii) A statement that the contact person maintains the product label or material safety data sheet of each pesticide or bait station that may be used by the school in buildings and on school grounds, that the label or data sheet is available for review by a parent, guardian, staff member, or student attending the school, and that the contact person is available to parents, guardians, and staff members for information and comment; and

(iv) Instructions for including a parent, guardian, or staff member on a pesticide notification list under subsection (g) of this section.

(g) School pesticide notification list. --

(1) At the start of each school year, a school shall develop a pesticide notification list containing each staff member, and parent or guardian of a student attending the school, who requests in writing prior notification of a pesticide application made in the school building or on school grounds during the school year.

(2) The school shall keep the pesticide notification list current and shall add additional names on written request by a staff member, or by the parent or guardian of a student attending the school.

(3) The school shall make the pesticide notification list available to the Department on request.

(h) New staff members or adults. -- After the start of each school year, a school shall provide the written information required under subsection (f)(2) of this section to a newly employed staff member or the parent or guardian of a student newly enrolled during the school year.

(i) Notification prior to application. --

(1) Except as provided in paragraph (3) of this subsection, at least 24 hours before a pesticide is applied in a school building or on school grounds, the school shall provide to each parent, guardian, and staff member on the pesticide notification list the:

(i) Common name of the pesticide;

(ii) Location of the application;

(iii) Planned date and time of application; and

(iv) United States Environmental Protection Agency warning that pregnant women should reduce or eliminate exposure to all pesticides.

(2) The school may provide prior notification, required under paragraph (1) of this subsection, by:

(i) Written notice sent home with the student or provided to the staff member;

(ii) Telephone call;

(iii) Direct contact; or

(iv) Written notice mailed at least 3 days prior to the application.

(3) In the case of a pesticide application at an elementary school, at least 24 hours before the pesticide is applied in a school building or on school grounds, the school shall provide to each parent or guardian, and staff member:

(i) The common name of the pesticide;

(ii) The location of the application;

(iii) The planned date and time of application;

(iv) The following language:

"The office of pesticide programs of the United States Environmental Protection Agency has stated:

"Where possible, persons who potentially are more sensitive, such as pregnant women and infants (less than two years old), should avoid any unnecessary pesticide exposure.'"; and

(v) A brief description of potential adverse effects based upon the material safety data sheet of the pesticides to be applied.

(4) Each school system shall develop an appropriate means of in-school notification to students and staff members before a pesticide is applied in a school building or on school grounds of a middle school or high school.

(5) (i) For application on school grounds, the notice of planned date and time of application required under this subsection may specify that weather conditions or other extenuating circumstances may cause the actual date of application to be postponed to a later date or dates.

(ii) If the actual date of application is more than 14 days later than the planned date provided in the notice, notice of the application required under this subsection shall be reissued.

(j) Space spraying in school buildings. --

(1) Subject to subsection (k) of this section, a school that intends to use space spraying in a school building shall provide written notice at least 1 week beforehand by universal notification.

(2) The notice shall be on a separate paper sheet at least 8 1/2 inches by 11 inches in size and shall contain:

(i) A common name of the pesticide to be used;

(ii) A location of the space spraying;

(iii) A planned date and time of space spraying;

(iv) The following language:

"The office of pesticide programs of the United States Environmental Protection Agency has stated:

"Where possible, persons who potentially are more sensitive, such as pregnant women and infants (less than two years old), should avoid any unnecessary pesticide exposure.'";

(v) If the pesticide is not addressed in the notice sent at the beginning of the school year, a brief description of the pesticide to be applied;

(vi) A brief description of potential adverse effects based upon the material safety data sheet of the pesticides to be applied; and

(vii) The name and telephone number of the county designated contact person.

(k) Emergency pest control. --

(1) A pesticide may be applied in a school building or on school grounds without prior notification only if an emergency pest situation exists.

(2) Except as provided in paragraph (5) of this subsection, within 24 hours after an emergency pesticide application in a school building or on school grounds, or on the next school day, the school shall notify each parent, guardian, and staff member on the pesticide notification list that a pesticide was applied for emergency pest control.

(3) The notification required under paragraph (2) of this subsection shall include the:

(i) Common name of the pesticide applied;

(ii) Approximate location of the application;

(iii) Date of application; and

(iv) Reason for the emergency application.

(4) Notification under this subsection may be made by:

(i) Telephone call;

(ii) Direct contact; or

(iii) Written notice sent home with the student or provided to the staff member.

(5) In the case of an emergency pesticide application at an elementary school, within 24 hours after an emergency pesticide application in a school building or on school grounds, or on the next school day, the school shall provide to each parent, guardian, and staff member:

(i) The common name of the pesticide;

(ii) The location of the application;

(iii) The date and time of application;

(iv) The following language:

"The office of pesticide programs of the United States Environmental Protection Agency has stated:

"Where possible, persons who potentially are more sensitive, such as pregnant women and infants (less than two years old), should avoid any unnecessary pesticide exposure.'"; and

(v) A brief description of potential adverse effects based upon the material safety data sheet of the pesticides applied.

(l) In-school notification prior to bait station use. -- Each school system shall develop appropriate means of in-school notification before a bait station is used in a school building. The means may include a sign posted on the door of the room in which the bait station is placed.