(a) The County Council finds that: (1) pesticides have value when they are used to protect the public health, the environment, and our food and water supply; (2) pesticides, by definition, contain toxic substances, many of which may have a detrimental effect on human health and the environment and, in particular, may have developmental effects on children; (3) exposure to certain pesticides has been linked to a host of serious conditions in children including pediatric cancers, decreased cognitive function, and behavioral problems such as ADHD, and the following conditions in adults: Parkinson’s disease, diabetes, leukemia, lymphoma, lupus, rheumatoid arthritis, dementia, reproductive dysfunction, Alzheimer’s disease, and a variety of cancers including breast, colon, prostate and lung cancer; (4) clean water is essential to human life, wildlife and the environment, and the unnecessary use of pesticides and herbicides for cosmetic purposes contributes to the deterioration of water quality, as substantiated by several studies including the 2014 USGS study which found that 90% of urban waterways have pesticide levels high enough to harm aquatic life; (5) 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; (6) there are non- and less-toxic alternatives and methods of cultivating a healthy, green lawn that do not pose a threat to public health, and that use of pesticides for cosmetic purposes is not necessary for the management of lawns, especially in light of the risks associated with their use; (7) pesticide 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; do not include sufficient evaluation of a pesticide’s “inert” ingredients and the pesticide formulations that are sold to consumers; and often fail to take sensitive populations like children and pollinators into account; (8) in the absence of adequate regulation at the federal or State level, the County is compelled to act to protect the health of children, families, pets and the environment. (b) The purpose of this Chapter 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 for cosmetic purposes, while not restricting the ability to use pesticides in agriculture, for the protection of public health, or for other public benefit.

In this Chapter: Agriculture means the business, science, and art of cultivating and managing the soil, composting, growing, harvesting, and selling sod, crops and livestock, and the products of forestry, horticulture and hydroponics; breeding, raising, or managing livestock, including horses, poultry, fish, game and fur-bearing animals; dairying, beekeeping and similar activities, and equestrian events and activities. Children’s facility means a building or part of a building which, as part of its function, is regularly occupied by children under the age of 6 years and is required to obtain a certificate of occupancy as a condition of performing that function. Children’s facility includes a child day care center, family day care home, nursery school, and kindergarten classroom. Custom applicator means a person engaged in the business of applying pesticides. Department means the Department of Environmental Protection. Director means Director of the Department of Environmental Protection or the Director’s designee. Garden means an area of land used to cultivate food crops, flowers, or other ornamental plants. Lawn means an area of land, except agricultural land, that is: (1) mostly covered by grass, other similar herbaceous plants, shrubs, or trees; and (2) kept trim by mowing or cutting. Lawn does not include a: (1) playing field; (2) golf course; (3) garden; or (4) tree or shrub. Listed pesticide means: (1) 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 (2) a pesticide designated a “minimum risk pesticide” under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) § Mulched recreation area means an area of land covered with natural or synthetic mulch or wood chips that is not a playground, but is open to the public for picnic or other recreation use. Neonicotinoid means a class of neuro-active pesticides chemically related to nicotine. Neonicotinoid includes acetamiprid, clothianidin, dinotefuran, imidacloprid, nitenpyram, nithiazine, thiacloprid, and thiamethoxam. 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: (1) prevent, destroy, repel, or mitigate any pest; (2) be used as a plant regulator, defoliant, or desiccant; or (3) be used as a spray adjuvant, such as a wetting agent or adhesive. However, pesticide does not include an antimicrobial agent, such as a disinfectant, sanitizer, or deodorizer, used for cleaning that is not considered a pesticide under any federal or state law or regulation. Playground means an outdoor children’s play area that is on the premises of a children’s facility, school, apartment building or complex, common ownership community, or park. Playground includes a mulched path that is used to enter a children’s play area. Playing field means: (1) an athletic field maintained by the Montgomery County Department of Parks; or (2) an area of land on private property maintained exclusively for sporting use. Private lawn application means the application of a pesticide to a lawn on property owned by or leased to the person applying the pesticide. Private lawn application does not include: (1) applying a pesticide for the purpose of engaging in agriculture; or (2) applying a pesticide around or near the foundation of a building for the purpose of indoor pest control. Registered pesticide means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to FIFRA for use in lawn, garden and ornamental sites or areas. Vector or disease vector means an animal, insect, or microorganism that carries and transmits an infectious pathogen into another organism. Waterbody means waters located within the County that are: (1) subject to the ebb and flow of the tide; or (2) free flowing, unconfined. and above-ground rivers, streams or creeks.

A person who sells at retail a pesticide or material that contains a pesticide must: (a) make available to a person who buys the pesticide or material that contains a pesticide: (1) notice signs and supporting information that are approved by the Department; (2) the product label or other information that FIFRA requires for sale of the pesticide; and (3) materials approved or distributed by the Department that: (A) explain the dangers of contamination that may occur from pesticide use; and (B) inform buyers of the availability of alternative products; and (b) display a sign or signs in each area of the retail establishment where registered pesticides are available to consumers, with language approved by the Department, that: (1) informs buyers of the County law on the use of registered pesticides on lawns; and (2) identifies pest control options that are permissible for lawn application under the law. The Department must enforce this Section and must annually inspect each person who sells at retail a pesticide or material that contains a pesticide.

Any person who sells at retail a pesticide or material that contains a pesticide must: (a) transport, display, and store each pesticide in a secure, properly labeled container that resists breakage and leakage, and promptly clean up and either repackage or properly dispose of any pesticide that escapes from its container; (b) display and store each pesticide separately from any food, medicine, or other product that a human being or animal may ingest; and (c) transport each pesticide separately from any food, medicine, or other product that a human being or animal may ingest unless the pesticide is in a secure container that resists breakage and leakage. The Department, the Health and Human Services Department, and any other agency designated by the County Executive, must enforce this Section.

(a) The Executive must adopt regulations to carry out this Chapter under method (2). (b) The Executive must include in the regulations adopted under this Section the minimum size or quantity, and type of pesticide subject to Section 33B-3. (c) The Executive must include in the regulations adopted under this Section a list of invasive species that may be detrimental to the environment in the County. (d) The Executive must review and update the list of invasive species designated under subsection (c) by July 1 of each year.

(a) Any violation of this Chapter is a class C violation. (b) Each day a violation continues is a separate offense.