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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