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Have questions about the BPC's regulatory role when helicopters or fixed-wing airplanes apply herbicides in Maine's forest? Check out the following FAQ. If your question is not addressed here, please call or e-mail the BPC at 207-287-2731 or pesticides@maine.gov.
Applicator rules
For starters, it is important to recognize that herbicides are pesticides. So are insecticides, fungicides, rodenticides, miticides and insect repellents. If it helps, think of pesticide as an umbrella term that covers all products that -cide (kill), control or repel any pest.
Anyone who applies pesticides for hire must be licensed by the BPC. This license means the applicator is in good standing with the BPC and that continuing education credits and insurance requirements are met.
Since forest owners hire fixed-wing and helicopter services that apply herbicides, all applicator company pilots must be licensed as commercial operator or master pesticide applicators. Also, every company that provides pesticide application must, by law, have at least one Master-level licensee. This Master applicator holds ultimate responsibility for the spray operation. In most cases, the pilots also hold the higher level Master applicator license.
Routinely in Maine, the forester who manages the spray site and hires the aerial applicator also holds a Master applicator license.
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License information
BPC commercial operator-level licensing is earned by passing several written exams that test knowledge in biology, pest diagnoses and management, current application technologies, hazardous spill response, pesticide regulations and pesticide risks to human health and environment. The Master level candidate must pass an additional written exam that tests their knowledge of Maine's pesticide regulations and an oral exam given by BPC officials.
Licensing enables the BPC to provide an assurance to the public that the applicator meets or exceeds the State standard of competence in the use of pesticides.
For more information, see Certification and Licensing Provisions for Commercial Applicators (Chapter 31) [WORD].
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Pesticides
Any product sold or used in Maine that makes a claim to kill, control or repel an undesirable organism is considered a pesticide and must be registered with the BPC. Registration means the product's label and material safety data sheet is on file with the BPC and that an annual fee is paid. In nearly all cases, a given pesticide product is also registered with the U.S. Environmental Protection Agency. The US EPA requires the pesticide manufacturer to demonstrate scientifically that the product provides more benefit than risk for control of pests on sites identified by the product's label. Directions for proper use must also be provided on the label.
In some circumstances, the BPC's Medical Advisory Committee and/or the BPC's Environmental Risk Assessment Committee may further review a given pesticide's risks and benefits.
Any herbicide applied in Maine must have on its label the site of application-in this case, the forest-and the pest category to be controlled. In forest block treatment, the pests are raspberries, hardwoods and other undesired plant species. Foresters treat recently cut tracts so that the desired species-softwood trees-have a competitive advantage over undesired plants, thereby producing a new crop of trees faster and in some cases improving habitat for specific wildlife species.
The licensed applicator must follow the directions on the label. That includes using the product only for control of pests on labeled sites.
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Drift
Maine pesticide law requires that all applicators-aerial or ground-based-must take every step practicable to treat the intended target area only. That means applying with modern spray equipment; respecting weather conditions, wind speed and direction; and choosing pesticide formulations less prone to drifting. While law does not cite specific actions, pesticide regulation does call for minimizing pesticide drift to the maximum extent practicable. Application must cease immediately upon observation of off-target drift or if wind speeds exceed 15 mph.
Applicators may not treat sensitive areas such as water bodies; schools, municipal, business and residential properties; agricultural land without permission of the landowner and areas where livestock or domestic animals are found. Humans may not be directly exposed to pesticide droplets-whether on or off the target site-without their consent.
For more information, see Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-Target Deposition (Chapter 22) [WORD].
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Notification
BPC experience in conflict resolution shows that notification removes the element of surprise that often sparks anxieties. For this reason, forest companies are obliged to publish written notices in area newspapers three-to-60 days prior to application. The notice must provide the name of a contact person, purpose of the application, pesticides to be used, range of dates when applications are expected, telephone numbers for the BPC and Maine Poison Control Center, and public precautions as found on the pesticide label.
In remote areas where no local paper exists, the forest manager may directly notify landowners within 500 feet. The individual notice must meet the same information requirements as called for in a newspaper notice. Recognizing the value of notification, many forest land owners voluntarily publish written notices and notify neighboring landowners directly.
Also, the forest manager must post signs conspicuously at all entry points of the planned spray site before treatment and at least two days thereafter.
Further, the landowner must provide the BPC and Maine Poison Center with a written notice three to 30 days prior to a planned spray activity. This notice permits public inquiry and informs BPC inspectors who routinely observe forest applications.
For more on notification, see Notice of Aerial Pesticide Applications (Chapter 51). Chapter 51 [WORD].
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Enforcement
BPC inspectors routinely monitor forest spray activities on site. They also observe mixing and loading practices, collect corresponding labels and may take pesticide tank samples to validate proper use of the product.
BPC inspectors carry cell phones for rapid response to public complaints or concerns related to the spray program underway.
BPC inspectors also investigate complaints in regards to pesticide drift or off-target deposition of pesticides, insufficient notification or other alleged violation of pesticide law.
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Groundwater, streams and rivers
BPC water quality monitoring programs have not detected forest-use herbicides in ground or surface waters. In a recent (1997) survey of pesticide levels in Maine's Atlantic Salmon rivers, no forest herbicides were found in the Dennys River and Cathance Stream, Machias and East Machias Rivers, Narraguagus River along with its Great Falls Branch and Schoodic Brook. The proximity of these rivers to Maine's working forest stand out as sentry water bodies for the detection of forest-use herbicides.
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Wildlife
The BPC routinely receives questions about the impact pesticides have on wildlife and wildlife habitat. These topics have been studied at the University of Maine and in Canada. Visit the below links to see what university researchers have to say on this topic:
You can also contact:
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More information
Go to Medical, Environmental Fate & Toxicology Sites or contact the BPC Toxicologist directly at 207-287-2731 or lebelle.hicks@maine.gov.
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