2013 Maryland Code
AGRICULTURE
§ 5-210 - Labels; unlawful use of pesticide

§5-210.

A person may not use, apply, or recommend use of a pesticide other than as specified by the label. The label includes material attached to the container, a brochure, information furnished with the pesticide, or any information contained in the approved State registration of the pesticide. A person may not use, apply, or recommend use of a pesticide in a manner other than as specified by this subtitle or rules and regulations adopted under it.

§ 5-210 - 1. Reciprocity

The Secretary may enter into reciprocal agreements with other states to provide that nonresident applicators or pest control consultants may be exempt from examination requirements under this subtitle if certified under equivalent plans of other states approved by the federal Environmental Protection Agency granting similar exemptions to residents of this State, upon payment of such fees as are required by Maryland applicators or pest control consultants and upon meeting any additional requirements that may be required in the agreement.

§ 5-210 - 2. Civil penalties

(a) In general. --

(1) A person who violates any provision of this subtitle is subject to a civil penalty of not more than $ 2,500 for a first violation of this subtitle.

(2) A person who violates any provision of this subtitle is subject to a civil penalty of not more than $ 5,000 for each subsequent violation of this subtitle.

(3) Each day a violation under this subsection occurs is a separate violation.

(4) In addition to the denial, suspension, or revocation of the license, permit or certificate, the Secretary may impose a civil penalty on the holder of a license, permit, or certificate under paragraph (1) or (2) of this subsection for each violation of this subtitle.

(5) The total penalties imposed on a person for violations under this subtitle that result from the same set of facts and circumstances may not exceed $ 25,000.

(b) Assessment. -- The penalty imposed on a person under this section shall be assessed with consideration given to:

(1) The willfulness of the violation, the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care;

(2) Any actual harm to human health or to the environment including injury to or impairment of the use of the waters of this State or the natural resources of this State;

(3) The cost of control;

(4) The nature and degree of injury to or interference with general welfare, health, and property;

(5) The extent to which the location of the violation, including location near areas of human population, creates the potential for harm to the environment or to human health or safety; and

(6) The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator.

(c) Payment into General Fund. -- Penalties collected by the Secretary under this section shall be paid into the General Fund of the State.

(d) Rules and regulations. -- The Secretary shall establish such rules and regulations as are necessary to carry out the provisions of this section.

§ 5-210 - 3. Limitations on employer

An employer may not require a pest control applicator, as a condition of employment, to transport pesticides in a commercial transportation vehicle that does not contain a compartment for the pesticides that is separated from the passenger area or in a manner that does not provide adequate protection for the safety and health of the passengers from the pesticides.

§ 5-210 - 4. Injunctions

(a) In general. -- The Secretary may bring an action for an injunction against a person who violates any provision of this subtitle.

(b) Prima facie evidence. -- In an action for an injunction under this section, any finding of the Secretary after a hearing is prima facie evidence of each fact the Secretary determines.

(c) Showing of lack of adequate remedy at law not required. -- On a showing that a person is violating any provision of this subtitle, a court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law.

(d) Injunction additional to criminal prosecution or civil penalties. -- An action for an injunction under this section is in addition to, and not instead of, criminal prosecution taken under § 5-211 of this subtitle or imposition of civil penalties under § 5-210.2 of this subtitle.

§ 5-210 - 5. Restricted use pesticides

(a) "Cyclodiene termiticide" defined. -- In this section, "cyclodiene termiticide" means chlordane (1, 2, 4, 5, 6, 7, 8, 8-octachloro-2, 3, 3a, 4, 7, 7a-hexahydro-4, 7-methanoindene), heptachlor (1, 4, 5, 6, 7, 8, 8-heptachloro-3a, 4, 7, 7a-tetrahydro-4, 7-methanoindene), aldrin (1, 2, 3, 4, 10, 10-hexachloro-1, 4, 4a, 5, 8, 8a-hexahydro-1, 4:5, 8-dimethanonaphthalene), and dieldrin (3, 4, 5, 6, 9, 9-hexachloro-1a, 2, 2a, 3, 6, 6a, 7, 7a-octahydro-2, 7:3, 6-dimethanonaphth (2, 3-b) oxirene) and related cyclodiene chemical compounds used for the control of termites.

(b) Restriction of use. --

(1) On and after October 1, 1987, each cyclodiene termiticide distributed, sold, or offered for sale in this State shall be classified as a restricted use pesticide.

(2) A person may distribute, sell, or offer for sale a cyclodiene termiticide only if:

(i) The cyclodiene termiticide is designated as a restricted use pesticide in a manner determined by the Department; and

(ii) The purchaser is a:

1. Certified pesticide applicator; or

2. Registered employee who has completed a course in termiticide application that is approved by the Department.

(3) A cyclodiene termiticide applied by a licensee shall only be applied by:

(i) A certified pesticide applicator; or

(ii) A registered employee who has completed a course in termiticide application that is approved by the Department and is making the application under the direct supervision of a certified pesticide applicator.

(c) Adoption of regulations. -- Before October 1, 1987, the Department shall adopt regulations to carry out the provisions of this section.