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Current Rulemaking

The Board of Pesticides Control is proposing amendments to seven chapters.

A Public Hearing was held on Friday, August 8, 2014 at 8:30 AM and written comments were accepted until 5:00 PM August 22, 2014. The Board will be reviewing the comments at upcoming meetings.

Copies of the proposed chapters can be downloaded by clicking on the chapter number below.

Description of proposed amendments:

Chapter 20 Special Provisions—Add a requirement for applicators making outdoor treatments to residential properties to implement a system to positively identify application sites in a manner approved by the Board. This requirement is currently in policy.
Chapter 22 Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-Target Deposition—Improve the effectiveness of the rule by eliminating the requirement of identifying sensitive areas for commercial applications conducted under categories 6A (rights-of-way vegetation management), 6B (industrial/commercial/municipal vegetation management) and 7E (biting fly & other arthropod vectors [ticks]). Applications conducted under category 6A and to sidewalks and trails under category 6B will require the applicator to implement a drift management plan.
Chapter 28 Notification Provisions for Outdoor Pesticide Applications—Add to the list of categories that require posting: 6B (industrial/commercial/municipal vegetation management) except when making applications to sidewalks and trails, and 7E (biting fly & other arthropod vectors [ticks]). Require advance notice be published in a newspaper for applications conducted under 6A (rights-of-way vegetation management), and to sidewalks and trails under 6B (industrial/commercial/municipal vegetation management). This aligns with the proposed amendments to Chapter 22, eliminating the requirement for mapping sensitive areas, in lieu of posting or public notice.
Chapter 31 Certification and Licensing Provisions/Commercial Applicators—Three amendments are proposed:

  1. Clarify that certain applications are exempt from commercial licensing requirements. These are currently in policy:
    •  Adults applying repellents to children with the written consent of parents/guardians;
    •  Persons installing antimicrobial metal hardware.
  2. Exempt aerial applicators certified in other states from passing a written regulation exam and allow for issuance of reciprocal licensing when the staff determines that an urgent pest issue exists and when staff verbally reviews pertinent Maine laws with the applicator.
  3. Shorten the time period a person must wait before re-taking an exam they have failed to 6 days.

Chapter 32 Certification and Licensing Provisions/Private Applicator—Shorten the time period a person must wait before re-taking an exam they have failed to 6 days.
Chapter 33 Certification & Licensing Provisions/Private Applicators of General Use Pesticides
(Agricultural Basic License) Shorten the time period a person must wait before re-taking an exam they have failed to 6 days.
Chapter 41 Special Restrictions on Pesticide Use—Amend Section 3 to eliminate the restrictions on hexazinone relative to pesticide distributors and air-assisted application equipment.