In this title, the following terms have the meanings indicated.
“Agriculture” means the commercial production, storage, processing, marketing, distribution, or export of an agronomic, aquacultural, equine, floricultural, horticultural, ornamental, silvicultural, or viticultural crop, including:a farm product;
livestock or a livestock product;
poultry or a poultry product;
milk or a dairy product;
timber or a forest product;
fruit or a horticultural product; and
seafood or an aquacultural product.
“Custom applicator” means a person engaged in the business of applying pesticides.
“Glyphosate” means a synthetic compound that is a non-selective systemic herbicide, also known as N-(phosphonomethyl) glycine with a chemical formula of C3H8NO5P.
“Lawn” means an area of land, not used for agriculture, that is:mostly covered by grass, other similar herbaceous plants; and
kept trim by mowing or cutting.
“Lawn” does not include:a playing field as defined in <cite data-path="|health|§19-301">§ 19-301 of this title</cite>;
a golf course;
a garden; or
a tree or shrub.
“Neonicotinoid” means a class of neuro-active pesticides chemically related to nicotine.
“Neonicotinoid” includes:acetamiprid;
clothianidin;
dinotefuran;
imidacloprid;
nitenpyram;
nithiazine;
thiacloprid; and
thiamethoxam.
“Person” has the meaning stated in <cite data-path="|general|1|1|1-107|(a)">§ 1-107(a) {“Person: In general”}</cite> of the City Code’s <cite data-path="|general">General Provisions Article</cite>.
Notwithstanding <cite data-path="|general|1|1|1-107|(b)">§ 1-107(b) {“Person: Exclusion”}</cite> of the <cite data-path="|general">General Provisions Article</cite>, in this subtitle "person" also includes a governmental entity or an instrumentality or unit of a governmental entity.
“Pest” means an insect, snail, slug, rodent, nematode, fungus, weed, or other form of plant or animal life or microorganism (except a microorganism on or in a living human or animal) that is normally considered to be a pest or defined as a pest by applicable State regulations.
“Pesticide” means a substance or mixture of substances intended or used:to prevent, destroy, repel, or mitigate any pest;
as a herbicide, plant regulator, defoliant, or desiccant; or
as a spray adjuvant, such as a wetting agent or adhesive.
“Pesticide” does not include an antimicrobial agent, such as a disinfectant, sanitizer, or deodorizer, that is used for cleaning and is not considered a pesticide under any federal or state law or regulation.
“Playground” has the meaning stated in <cite data-path="|health|§12-801|(c)">§ 12-801(c) of this article</cite> {“Definitions: Playground”}.
“Playground” includes a mulched path that is used to enter a playground.
“Registered pesticide” means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to the Federal Insecticide, Fungicide and Rodenticide Act for use in lawn, garden, and ornamental sites or areas.
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The Mayor and City Council finds as follows:Pesticides have value when they are used to protect the public health, the environment, and our food and water supply.
Pesticides, by definition, contain toxic substances, many of which may have a detrimental effect on human health, pet health, and the environment.
Certain pesticides have been linked to a host of serious conditions in children including pediatric cancers, decreased cognitive function, and behavioral problems.
Certain pesticides have been linked to a myriad of adult conditions such as Parkinson’s disease, diabetes, lupus, rheumatoid arthritis, dementia, reproductive dysfunction, Alzheimer’s disease, and a variety of cancers including leukemia, lymphoma, breast cancer, colorectal cancer, prostate cancer, and lung cancer.
Certain pesticides, especially those containing the chemical glyphosate, have been linked to cancer. For example, in 2015, the International Agency for Research on Cancer, a division of the World Health Organization and the world’s leading authority on cancer, unanimously concluded that glyphosate is a probable carcinogen. The International Agency for Research on Cancer’s determination was based on a rigorous assessment that concluded that there is sufficient evidence of carcinogenicity in experimental animals.
Clean water is essential to human life, wildlife and the environment, and the unnecessary use of pesticides contributes to the deterioration of water quality, as substantiated by several studies including a 2014 USGS study that found 90% of urban waterways have pesticide levels high enough to harm aquatic life.
Bees and other pollinators are crucial to our ecosystem, and the use of neonicotinoid insecticides, which have been repeatedly and strongly linked with the collapse of honey bee colonies, as well as harm to aquatic insects and birds, pose an unacceptable risk to beneficial organisms.
The use of pesticides is not necessary for the management of lawns, especially in light of the risks associated with their use. There are non- and less-toxic alternatives and methods of cultivating a healthy, green lawn that do not pose a threat to public health.
Regulations at the federal and State level, and the risk assessments that inform them, do not mimic real world exposure scenarios and fail to account for synergistic or cumulative effects of multiple chemicals acting on the same pathway; they do not include sufficient evaluation of a pesticide’s “inert” ingredients and the pesticide formulations that are sold to consumers; and they often fail to take sensitive populations like children and pollinators into account.
In the absence of adequate regulation at the federal or State level, Baltimore City is compelled to act to protect the health of children, families, pets, and the environment.
The purpose of this title is to protect the public health and welfare and to minimize the potential pesticide hazard to people and the environment, consistent with the public interest in the benefits derived from the safe use and application of pesticides.
The goal is to inform the public about pesticide applications and minimize the use of pesticides, while not restricting the ability to use pesticides in agriculture, for the protection of public health, or for other public benefit.
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In the rules and regulations adopted under <cite data-path="|health|§2-106">§ 2-106 {“Rules and regulations”} of this article</cite>, the Commissioner must include rules and regulations to carry out the provisions of this title.
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Text Conformed 03/10/21
Text conformed to include express cross-reference to § 2-106. Cf. Editor’s Note to that section.
No later than June 30 of each odd-numbered year, the Department and the Baltimore City Office of Sustainability shall jointly submit a report to the Mayor and City Council that makes recommendations on whether any legislative changes or updates are necessary for the proper administration and implementation of this title.
The report required by this section shall include an assessment, relying on available scientific data, regarding:whether any additional pesticides pose a significant threat to the health of the citizens of Baltimore or the environment; and
whether those pesticides should be included within this title’s specific pesticide prohibitions.
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In this subtitle, the following terms have the meanings indicated.
“Children’s facility” means a building or part of a building that, as part of its function, isregularly occupied by children under the age of 18 years; and
required to obtain an use and occupancy permit as a condition of performing that function.
“Children’s facility” includes a child day care center, family day care home, nursery school, recreational center, and classroom.
“Disease vector” means an animal, insect, or microorganism that carries and transmits an infectious pathogen into another organism.
“Listed pesticide” means:a pesticide the active ingredients of which are recommended by the National Organic Standards Board (NOSB) pursuant to 7 U.S.C. § 6518, as amended, and published as the National List at 7 C.F.R. §§ 205.601 and 205.602; or
a pesticide designated a “minimum risk pesticide” under the Federal Insecticide, Fungicide and Rodenticide Act § 25(b) and listed in 40 C.F.R. § 152.25(f).
“Mulched recreation area” means an area of land covered with natural or synthetic mulch or wood chips that is open to the public for picnic or recreational use.
“Playing field” means:an athletic field owned or maintained by a department or unit of Baltimore City government; or
an area of land on private property maintained exclusively for athletic or sporting use.
“Playing field” does not include any artificial surface such as astro-turf or concrete.
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Nothing in this subtitle applies to any property that is used and maintained by the Baltimore City Board of School Commissioners.
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Except as provided in subsection (b) of this section, no person may apply any pesticide other than a listed pesticide to any:lawn;
playground;
mulched recreation area;
children’s facility;
grounds of a children’s facility; or
playing field.
Except as provided in § 19-303 {“Glyphosate use prohibited”}, § 19-304 {“Chlorpyrifos use prohibited”}, and <cite data-path="|health|§19-305">§ 19-305 {“Neonicotinoid pesticides on City-owned property”} of this title</cite>, a person may apply any registered pesticide to:control weeds, as required by Title 5, Subtitle 7, of <cite data-path="|health">this article</cite>;
control invasive species, as defined and listed in regulations adopted under this title;
control disease vectors;
control biting or stinging insects or stinging plants;
control organisms that threaten the health of trees or shrubs;
maintain property as part of efforts by a public utility to comply with applicable vegetation management provisions of any federal, state, or local law or regulation;
control indoor pests, if applied near or around the foundation of a building;
comply with § 3318 {“Rodenticide Procedure”} of the <cite data-path="|building-codes">City Building, Fire, and Related Codes Article</cite>;
control pests while engaged in agriculture; or
control a pest outbreak that poses an imminent threat to human health or threatens significant economic damage if a registered pesticide is not used.
If a pesticide is applied under subsection (b)(10) of this section, the person applying the pesticide must notify the Department of the application and articulate the reasons for the use of the pesticide within 24 hours after the application.
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Notwithstanding any other provision of this title, a person may not use or apply glyphosate or any product containing glyphosate except when authorized under subsection (b) of this section.
The Commissioner may authorize the use or application of glyphosate on a determination that a threat exists that requires the use of glyphosate and no other pesticide or class of pesticide would be effective in addressing the threat.
The Department of Recreation and Parks may engage in the limited use and application of glyphosate subject to a written Integrated Vegetation Management Plan that details:the locations of glyphosate use and application;
the necessity for glyphosate use and application in those locations; and
any preventive or mitigative measures undertaken to protect the health and safety of those within the vicinity of the glyphosate use and application.
Any Intregrated Vegetation Management Plan that includes the use and application of glyphosate shall be submitted to the Commissioner prior to any use and application.
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Notwithstanding any other provision of this title, a person may not use or apply chlorpyrifos or any product containing chlorpyrifos except when authorized by the Commissioner under subsection (b) of this section.
The Commissioner may authorize the use or application of chlorpyrifos on a determination that a threat exists that requires the use of chlorpyrifos and no other pesticide or class of pesticide would be effective in addressing the threat.
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Except as provided in subsection (b) of this section, a City employee or City contractor may not use a neonicotinoid pesticide on outdoor property owned by the City.
A City employee or City contractor may use a neonicotinoid pesticide on City-owned property to control pests:while engaged in agriculture; or
in a completely indoor and enclosed area, such as a greenhouse or a conservatory.
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In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or
a civil citation under City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}.
The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
Each day a violation continues is a separate offense.
A citation under this section may only be issued after the issuance of a written warning.
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Any person who violates any provision of this title is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $250 for each offense.
Each day that a violation continues is a separate offense.
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