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Pesticide Laws, Regulations & Policies

STATE POLICY; PUBLIC AND PRIVATE INITIATIVES TO MINIMIZE RELIANCE ON PESTICIDES (MRSA 22 §1471-X)

It is the policy of the State to work to find ways to use the minimum amount of pesticides needed to effectively control targeted pests in all areas of application. The agencies of the State involved in the regulation or use of pesticides shall promote the principles and the implementation of integrated pest management and other science-based technology to minimize reliance on pesticides while recognizing that outbreaks of disease, insects and other pests will necessitate fluctuations in pesticide use. These agencies, in cooperation with private interest groups, shall work to educate pesticide users and the general public in the proper use of pesticides and to determine other actions needed to accomplish the state policy.

Federal Pesticide and Related Laws

(note these links take you off the state website)

State Statutes

Two statutes give authority to the Board of Pesticides Control (BPC) to regulate pesticides in Maine:

Other statutes relating to pesticides

Legislative Bills and Reports

  • Current pesticide-related bills in the Maine Legislature
    (choose the current session number and type "pesticide" in the Title Search or Text Search fields)
  • Interim Report on the Environmental Risk Advisory Committee Study of Pesticides and Lobsters, January 2015 [PDF]
  • Report Pursuant to Resolve 2013, Chapter 63, Regarding Pesticide Applications and Public Notifications in Schools, March 15, 2014 [PDF]
  • Report Pursuant to Resolve 2013, Chapter 13 Concerning the Development of A State Plan to Protect the Public Health from Mosquito-borne Diseases, December 2013 [PDF]
  • Report In Response to Resolve 2011 Chapter 59, To Enhance the Use of Integrated Pest Management on School Ground, February 1, 2012 [PDF] Follow-up Report, February 1, 2014 [PDF]
  • Report on Findings and Recommendations Pursuant to PL 2009, Chapter 584 Concerning Notification, January 2011 [PDF]

Municipal Ordinances

BPC Regulations

NOTE: Click on rule number to download the regulation in its entirety (Microsoft Word format).
Click here for a single PDF file of all pesticide rules as of 11-13-15.

Recently Adopted Rule Amendments and Amendments Currently Under Consideration

Rule no.

Title

Brief Description

Ch. 10

Definitions and Terms

These definitions and terms are defined as they specifically relate to the use of pesticides, the certification and licensing of pesticide applicators and dealers, and other areas as regulated by the Board in succeeding chapters.

Ch. 20

Special Provisions

Regulates the use, storage and disposal of pesticides with specific emphasis on registered pesticides, right of way and aquatic applications and employer/employee requirements.

Ch. 21


[REPEALED—Effective: December 23, 2012]

Pesticide Container Disposal and Storage

These rules set forth the regulations for the management of emptied pesticide containers for limited and restricted use pesticides. They establish deposit amounts, sticker requirements, triple rinse or equivalent procedures, and refund places and procedures. The rules are organized according to classification of the pesticide as to whether it was purchased in state or out of state.

Ch. 22

Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-Target Deposition

Establishes procedures and standards for the outdoor application of pesticides by powered equipment in order to minimize spray drift and other unconsented exposure to pesticides. The primary purpose of these regulations is to implement the legislative mandate of the Board, as expressed by 7 M.R.S.A. § 606(2)(G), to design rules which "minimize pesticide drift to the maximum extent practicable under currently available technology."

Ch. 24

Pesticide Storage Facility Standards/Pesticide Distributors

Provides minimum criteria for the siting, construction and operation of facilities and businesses which store pesticides for wholesale or retail purposes. They are intended to protect the public health of employees and persons who live near these facilities and to minimize adverse environmental impacts that might result from emergencies caused by fires or spills. This chapter divides storage facilities into three groups and imposes requirements commensurate with their potential threat to public health and the environment. These regulations also describe display requirements for retail businesses which offer pesticides for sale in self-service areas.

Ch. 26

Standards for Indoor Pesticide Applications and Notification for All Occupied Buildings Except K–12 Schools

Establishes procedures and standards for applicators applying pesticides inside occupied private and public buildings other than K–12 schools that are covered by Chapter 27. This chapter also sets forth the requirements for notification about pending pesticide applications to residents of rented space, employees of agencies, businesses and institutions, and parents or guardians of children in licensed child care facilities and nursery schools.

Ch. 27

 

Standards for Pesticide Application and Public Notification in Schools

Establishes procedures and standards for applying pesticides in school buildings and on school grounds. This chapter also sets forth the requirements for notifying school staff, students, visitors and parents about pending pesticide applications.

Ch. 28

Notification Provisions for Outdoor Pesticide Applications

Establishes procedures and standards for informing interested members of the public about outdoor pesticide applications in their vicinity. This chapter sets forth the requirements for requesting notification about pesticide applications, for posting property on which certain commercial pesticide applications have occurred and also establishes the Maine Pesticide Notification Registry structure and fees.

Ch. 29

Standards for Water Quality Protection

Establishes standards for protecting surface water. This chapter establishes a fifty-foot setback from surface water for mixing and loading of pesticides, sets forth requirements for securing containers on sprayers and cleaning up spills occurring within the setback zone, establishes restrictions on pesticide applications to control browntail moths near marine waters and requires an untreated 25-foot buffer zone for outdoor terrestrial broadcast pesticide applications near waters of the State.

Ch. 31

Certification and Licensing Provisions/Commercial Applicators

Describes the requirements for certification and licensing of commercial applicators.

Ch. 32

Certification and Licensing Provisions/Private Applicator

Describes the requirements for certification and licensing of private applicators.

Ch. 33

Certification & Licensing Provisions/Private Applicators of General Use Pesticides
(Agricultural Basic License)

Describes the requirements for certification and licensing of private applicators using general-use pesticides to produce plants or plant products intended for human consumption as food, where the person applying the pesticides or the employer of the person applying the pesticides derives $1,000 or more in annual gross income from the sale of those commodities.

Ch. 34

Certification and Licensing Provisions/Dealers

Describes the requirements for certification and licensing of pesticide dealers.

Ch. 35

Certification and Licensing Provisions/Spray Contracting Firms

Describes the requirements for certification and licensing of spray contracting firms.

Ch. 36

Certification and Licensing Provisions/Monitors and Spotters for Forest Insect Aerial Spray Program

Describes the requirements for certification and licensing of monitors and spotters for major forest insect aerial spray programs.

Ch. 40

Restricted and Limited-Use Pesticides

Lists the pesticides classified by the Board as restricted use or limited use and describes procedures governing their sale and use.

Ch. 41

Special Restrictions on Pesticide Use

Describes special limitations placed upon the use of (1) aldicarb (Temik 15G) in proximity to potable water bodies; (2) trichlorfon (Dylox, Proxol); (3) hexazinone (Velpar, Pronone), (4) aquatic herbicides in the State of Maine and (5) plant-incorporated protectants.

Ch. 50

Record Keeping and Reporting Requirements

Describes the types of records and reports which commercial applicators, commercial agricultural producers, limited/restricted use pesticide dealers, spray contracting firms and monitors must maintain and submit to the Board.

Ch. 51

 

Notice of Aerial Pesticide Applications

Describes the notification requirements for persons contracting aerial pesticide applications to control forest, ornamental plant, right-of-way, biting fly and public health pests.

Ch. 60

Designation of Critical Pesticide Control Areas

Establishes criteria which the Board will use in deciding if an area should be designated as a critical pesticide control area. In addition, these regulations specify the procedures parties must follow in requesting such a designation. These regulations also define the locations that have been designated as critical areas by the Board.

Ch. 70

Adjudicatory Proceedings

Describes procedures the Board must follow in conducting hearings concerned with pesticide certification, licenses and permits.

Ch. 80

Advisory Rulings

Describes the procedures any interested person must follow in requesting an advisory ruling to determine if the Board's Statute and rules apply to his situation.

Ch. 90

Complaints

Describes the procedure a person must follow in bringing a complaint to the Board and outlines the steps the Board may take in response.

 

Maine Board of Pesticides Control Policies

Categories

NOTE: Policies available for viewing/download are marked with PDF and/or WORD; those not yet available will be added as soon as possible, as will descriptions.

Title Brief Description

ADMINISTRATIVE

Issuance of Refunds [PDF]

 

BOARD OPERATIONS

Board Review of Plant Incorporated Protectants [PDF or Word]

Details under what circumstances a Board review will be required for Plant Incorporated Protectants.

Criteria for Considering Pesticide Products for State Restricted Use Status [PDF]

Describes the criteria used by the Board for considering placement of pesticides on the state restricted use list.

Environmental Risk Advisory Commitee [PDF or Word]

The ERAC is convened to provide expert advice to the Board. This policy outlines the function, membership and other aspects of the Committee.

Medical Advisory Committee [PDF or Word]

The MAC is convened to provide expert advice to the Board. This policy outlines the function, membership and other aspects of the Medical Advisory Committee.

Plant Incorporated Protectant Technical Committee [PDF or Word]

Describes the membership and purpose of the Ad Hoc PIP Committee.

Receipt of Public Comment [PDF or Word]

Outlines guidelines for the public to submit comments to the Board and for how the Board should treat public comments.

Submission and Review of Special Local Needs (24c) Applications [PDF or Word]

Details the process for submitting applications for consideration for Special Local Needs status.

Submission of Comments and Information [PDF or Word]

Details types of acceptable comment, and the procedure and deadline for submission of comments to the Board.

ENFORCEMENT

Enforcement Protocol (amended December 2013) [PDF]

Details enforcement protocol to be utilized in routine enforcement matters arising under the Board's statutes and regulations.

Production of Pesticides for Personal Use (12/10/2010) [PDF]

Clarifies that a person may lawfully produce a pesticide for his own use without registering it, but may not do so as a licensed applicator.

What Pesticide Products May be Distributed by a Landlord to a Tenant for use in the Tenant's Own Apartment 98/28/2009) [PDF or Word]

Defines “low risk” pesticide in the context of landlords/tenants and states that landlords may distribute low risk pesticides to tenants.

RULE INTERPRETATIONS/CLARIFICATIONS

CHAPTER 10

Application of Pesticides to Unoccupied Hotel Rooms and Apartments (April 24, 2015) [PDF]

States that in the case of lodging places and apartment buildings, the entire building must be closed to the public for seven days in order to be treated by non-licensed applicators, rather than just a single room or apartment.

Application of Pesticides in Areas "Open to Use by the Public" if Access to the Public is Denied for Seven Days (July 10, 2015) [PDF]

States that in the case of recreational areas, trails, and parks, only the area treated needs to be closed to the public for seven days in order to be treated by non-licensed applicators, rather than the entire property.

Definition of Distribute (6/13/2003)[PDF or Word] Clarifies the meaning of the word "distribute" as it relates to pesticides.

CHAPTER 20

Policy on Exclusion Areas Relative to Chapter 20, Section 6 Rulemaking Amendments; (9/6/2013) [PDF or Word]

Concerns the definition and mapping of areas to be excluded from aerial spraying in the event of a mosquito-borne public-health emergency.

Verifiable Authorization of Commercial Pesticide Application Services (11/16/2007) [PDF]

States what methods of verifiable authorizations the Board has approved and provides a path for applicators to petition for other methods to be approved.

Positive Identification of Proper Treatment Site by Commercial Applicators (amended December 5, 2014) [PDF or Word]

Details methods of positively identifying application sites which have been approved by the Board as required by Chapter 20.

Easements and Rights of Ways (10/3/2002) [PDF]

Assistant Attorney General’s explanation of easements and rights of way, as they relate to pesticide applications.

CHAPTER 22

Repeat Variances of CMR 01-026 Chapter 22 and Chapter 29 (9/8/1995) [PDF]

Delegates the approval of repeat variances to staff in certain circumstances

CHAPTER 26

Board Designated Public Health Pests (11/17/2006) [PDF or Word]

Defines what pests are designated public health pests under CMR 01-026 Chapter 26 Section 4(C)(2).

Interim Interpretative Policy on the Applicability of CMR 01-026 Chapter 26 (8/27/2009) [PDF or Word]

Interprets “occupied buildings” to mean fully enclosed indoor spaces inside buildings and does not roofed areas of retail store that are otherwise open to the outdoors

CHAPTER 28

Appropriate Methods for Notifying the Public about Commercial Applications to Sidewalks and Trails (12/5/2014) [PDF]

As required by CMR 01-026 Chapter 28 Notification Provisions for Outdoor Pesticide Applications as of May 25, 2015

CHAPTER 29

Determining Allowable Pesticide Applications Pursuant to CMR 01-026, Chapter 29, Section 6 (3/5/2010) [PDF or Word]

Clarifies what types of applications are “not broadcast application” and therefore are not prohibited in the 25-foot-buffer area.

Interim Policy Regarding Interpretation of "Dominated by Emergent or Aquatic Plants" as Used in Chapter 29 Section 6A(B) (6/23/17) [PDF]

Clarifies that small areas which do not contain standing water do not require buffering even if they contain plan communities normally associated with wetlands, and that manmade depressions, such as skidder ruts and road ditches, do not require buffering even if they contain standing water

Definition of Biological Pesticide as it Relates to Chapter 29 Section 5 [PDF or Word]

Lists the products allowed for use for control of browntail moth adjacent to marine waters.

Allowable Pesticides for the Control of Browntail Moth Within 250 Feet of Marine Waters [PDF or Word]

Lists the products allowed for use for control of browntail moth between 50 and 250 feet of the high water mark of marine waters.

Interim Policy to Delegate Authority to the Staff to Approve Requests for Variance from CMR 01-026 Chapter 29 for Control of Invasive Plants (12/13/2013) [PDF or Word]

Delegates authority to staff for variance from the 25-foot untreated buffer zone required by Chapter 29 for control of certain invasive plants.

Interim Policy to Delegate Authority to the Staff to Approve Requests for Variance from CMR 01-026 Chapter 29 for Control of Plants that Pose a Dermal Toxicity Hazard (11/18/2011) [PDF or Word]

Delegates authority to staff for variance from the 25-foot untreated buffer zone required by Chapter 29 for control of plants that pose a dermal toxicity hazard.

Repeat Variances of CMR 01-026 Chapter 22 and Chapter 29 (9/8/1995) [PDF]

Delegates the approval of repeat variances to staff in certain circumstances

CHAPTER 31

Private vs. Commercial Applicators (10/26/2002) [PDF]

Details circumstances under which a private applicator's license is required and under which a commercial applicator's license is required.

Certification Exams from Other States (6/26/1992) [PDF]

States that the Board will no longer recognize other states’ certification standards for issuing Maine licenses; applicators must pass Maine exams.

CHAPTER 32

Sales of Restricted/Limited Use Pesticides to Unlicensed Corporate Farm Employees or Public or Private Lenders (7/26/2002) [PDF or Word]

Clarifies that restricted/limited use pesticides may be billed to an unlicensed corporate farm employee or a public or private lender as long as the pesticides are delivered to a farm where a documented licensed private applicator will have on-site supervision over the application, storage and disposal of those products. Also includes the form which must be used to verify the responsible licensed private applicator.

Commercial Applicators - Application of Restricted or Limited Use Pesticides on Their Own Property (5/12/1992) [PDF]

Clarifies the requirement for applicators using restricted or limited use pesticides on their own property for agricultural commodities to have a Private Applicator license.

Private vs. Commercial Applicators (10/26/2002) [PDF]

Details circumstances under which a private applicator's license is required and under which a commercial applicator's license is required.

CHAPTER 33

Food Production—Interpretation as it relates to Agricultural Basic License (8/8/2014) [PDF or Word]

Clarifies that the term “food production” includes treatments beginning with the growing media and ending when the plant or plant product is transferred out of the grower’s control.

CHAPTER 35

Spray Contracting Firm License Requirements [PDF or Word]

Clarifies the requirements set forth in 22MRSA 1471-C, 23-B and CMR 01-026 Chapter 10, Section 2 EEE regarding spray contracting firms.

CHAPTER 50

Applicator Records [PDF or Word] Specifies that applicators must record information on the same day the application is performed.