In this subtitle the following words have the meanings indicated. “Active ingredient” means: In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which prevents, destroys, repels, or mitigates insects, nematodes, fungi, rodents, weeds, bacteria, or other pests; In the case of a plant regulator, an ingredient which, through physiological action, accelerates or retards the rate of growth or rate of maturation or otherwise alters the behavior of ornamental or crop plants or their produce; In the case of a defoliant, an ingredient which causes the leaves or foliage to drop from a plant; and In the case of a desiccant, an ingredient which artificially accelerates the drying of plant tissue. A pesticide is “adulterated” if (1) its strength or purity falls below the professed standard or quality expressed on the labeling under which it is sold, (2) any substance has been substituted wholly or partially for the article, or (3) any valuable constituent of the article has been wholly or partially abstracted. “Antidote” means the most practical immediate treatment in case of poisoning, including first aid treatment. “Defoliant” means any substance or mixture of substances intended to cause leaves or foliage to drop from a plant, with or without causing abscission. “Desiccant” means any substance or mixture of substances intended to accelerate artificially the drying of plant tissues. “Distributor” means a person who imports, manufactures, produces, mixes, or consigns pesticides as part of a commercial enterprise. “Fungi” means nonchlorophyll–bearing thallophytes, that is, all nonchlorophyll–bearing plants of an order lower than mosses and liverworts, such as, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in any living man or animal. “Fungicide” means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungus. “Herbicide” means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed. “Inert ingredient” means an ingredient which is not an active ingredient. “Ingredient statement” means: A statement of the name and percentage of each active ingredient, together with the total percentage of inert ingredients in the pesticide; A statement of the name of each active ingredient, together with the name of each and total percentage of any inert ingredient in the pesticide; or In the case of a pesticide containing arsenic in any form, a statement of the percentages of total and water soluble arsenic, each calculated as elemental arsenic, in addition to the requirements of paragraphs (1) and (2) of this subsection. Paragraph (1) of this subsection applies to any preparation declared highly toxic to humans, pursuant to § 5–104(b) of this subtitle. “Insect” means any small invertebrate animal generally having a more or less obviously segmented body and, for the most part belonging to the class insecta, which is comprised of six–legged, usually winged forms, such as, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, such as, spiders, mites, ticks, centipedes, and wood lice. “Insecticide” means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any insects which may be present in any environment. “Label” means the written, printed, or graphic matter on or attached to a pesticide, or its immediate container, and the outside container or wrapper of any retail package of a pesticide. “Labeling” means every label and other written, printed, or graphic matter (1) on any pesticide, its container, or wrapper; (2) accompanying the pesticide at any time; or (3) to which reference is made on the label or in literature accompanying the pesticide, except when an accurate, not misleading reference is made to any current official publication of any federal agency, State agency, or any agency of another state which is authorized by law to conduct pesticide research. A pesticide is “misbranded” if: Its labeling bears any statement, design, or graphic representation relative to the pesticide or its ingredients which is false or misleading in any particular; It is an imitation of another pesticide or is offered for sale under the name of another pesticide; Its labeling bears any reference to registration under this subtitle; The labeling accompanying it does not contain instructions for use which are necessary and adequate if complied with, for the protection of the public and the environment; The label does not contain a warning or caution statement which may be necessary and adequate if complied with, to prevent injury to living man and other vertebrate animals; The label of the retail package does not bear an ingredient statement on the immediate container and on any outside container or retail package wrapper, through which the ingredient statement on the immediate container cannot be clearly read as presented or displayed under customary conditions of purchase; Any word, statement, or other information required by this subtitle to appear on the labeling is not placed prominently and conspicuously, as compared with other words, statements, designs, or graphic matter in the labeling and in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; In the case of an insecticide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized practice, the pesticide is injurious to living man including any person applying it, other vertebrate animals, or vegetation, except weeds; In the case of a plant regulator, defoliant, or desiccant when used as directed, the pesticide is injurious to living man including any person applying it, other vertebrate animals, or vegetation to which it is applied, except that physical or physiological effects on any plant, or part of it, is not deemed to be injury, when this is the purpose for which the plant regulator, defoliant, or desiccant is applied, in accordance with the label claims and recommendations. “Nematicide” means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes. “Nematode” means any invertebrate animal of the phylum nemathelminthes and class nematoda, that is, an unsegmented round worm, commonly known as a nema or eelworm, with an elongated, fusiform or saclike body covered with cuticle, and which inhabits soil, water, plants, or plant parts. “Pesticide” means (1) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living humans or other animals, which the Secretary declares to be a pest; and (2) any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. “Plant regulator” means any substance or mixture of substances, intended to accelerate or retard, through physiological action, the rate of growth or maturation, or to otherwise alter the behavior of ornamental or crop plants or their produce, but does not include any substance to the extent that it is intended as a plant nutrient, trace element, nutritional chemical, plant inoculant, or soil amendment. “Registrant” means any person who registers any pesticide pursuant to the provisions of this subtitle. “Rodenticide” means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate rodents or any other vertebrate animal which the Secretary declares to be a pest. “Weed” means any plant or plant part which grows where it is not wanted.

The State Chemist shall administer the provisions of this subtitle subject to the supervision of the Secretary. The Secretary may cooperate with and enter into agreements with any other agency of the State, any other state, the United States, or with the Association of American Pesticide Control Officials, Inc. to carry out the provisions of this subtitle and to secure uniform rules and regulations. The Secretary shall develop a comprehensive pesticide data program that includes: The number and types of enforcement actions taken; and Figures for the number, types, and uses of pesticides in Maryland. The Secretary shall issue a report on the comprehensive pesticide data program to the General Assembly, in accordance with § 2-1257 of the State Government Article, by January 1, 1990 and by January 1 of each subsequent year.

The Secretary, after public hearing, may adopt appropriate rules and regulations to carry out the provisions of this subtitle, including rules and regulations providing for the collection and examination of samples of pesticides. The Secretary may: Declare any form of plant or animal life or virus which is injurious to plants, humans, domestic animals, articles, or substances to be a pest; Determine whether any pesticide is highly toxic to humans; and Subject pesticides to the requirements of § 5–105 of this subtitle. Uniform pesticide requirements between the several states and the federal government are desirable to avoid confusion that endangers the public health and that results from diverse requirements, particularly relating to the labeling and coloring of pesticides, and to avoid increased costs to the people of the State due to the necessity of complying with diverse requirements for manufacturing and selling pesticides. Consequently, the Secretary, after public hearing, may adopt the rules and regulations of the appropriate agency of the United States government relating to pesticides, if the rules and regulations are applicable to and conform with the primary standards established by this subtitle.

Except as provided in subsection (g) of this section, a distributor shall register with the Secretary each brand or product name of a pesticide before distributing it in the State. The registration for each pesticide expires December 31 each year. Each applicant shall file with the Secretary a statement listing: The name and address of each applicant and the name and address of the person whose name will appear on the label, if other than the registrant; The name of the pesticide; A complete copy of the labeling accompanying the pesticide and a statement of every claim to be made for it, including directions for use; and A full description of every test conducted and the results upon which any claim is based, if requested by the Secretary. A separate application shall be filed for each person whose name appears on the label. Upon renewal, a person shall file a statement listing any required new information that does not appear on the statement filed when the pesticide was registered or was last reregistered. The applicant shall pay an annual fee of $110 to the Secretary for each product registered. Unless the Secretary determines otherwise, each applicant also shall pay a terminal registration fee of $110 for each discontinued pesticide each year for two years. In addition to the annual fee, any person filing a renewal application after January 31 for any product offered for sale shall pay a ten percent per month late registration fee for each pesticide, but not exceeding twice the annual registration fee per pesticide. Late fees apply retroactively to the January 1 filing date. Late fees are not applicable to new products which are registered before being distributed, sold, or offered for sale. The Secretary may require the submission of toxicological, environmental, or health effects data that the Secretary considers appropriate, or the complete formula of any pesticide whenever he deems this action necessary to effectuate the purposes of this subtitle. The Secretary shall register the pesticide if he determines that the pesticide, its labeling, and other material required to be submitted comply with the requirements of this subtitle. Provided the product label has not been altered or changed, a distributor shall not be required to register the brand or trade name of a pesticide which has been registered by another person under this subtitle. Before a pesticide may be registered by the Secretary, the pesticide shall comply with the provisions of federal pesticide laws and regulations.

A pesticide is subject to the requirements of this section if it is distributed, sold, offered for sale, delivered for transportation or transported in intrastate commerce or between points in the State through any point outside the State. Any pesticide subject to this section shall be in the registrant’s or manufacturer’s unbroken, immediate container. In addition to any other requirement of this section, any pesticide subject to this section shall have a label affixed to the unbroken, immediate container and to the outside container or wrapper of any retail package, if the label on the immediate container cannot be clearly read through the outside container or wrapper. The label shall bear the following information: The name and address of the manufacturer, registrant, or person for whom the pesticide is manufactured; The name, brand, or trademark under which the pesticide is sold; and The net weight or measure of the content subject to any reasonable variations the Department permits.

If the Secretary determines that any pesticide does not warrant any proposed claim for it or that the pesticide, its labeling, or other material required to be submitted do not comply with the provisions of this subtitle, he shall notify the applicant of the manner in which the pesticide, labeling, or other required material fails to comply with the subtitle, to afford the applicant an opportunity to make any necessary correction. If the applicant does not make the correction upon receiving notice, the Secretary may refuse to register the pesticide. The Secretary may suspend or cancel the registration of any pesticide, if he determines the pesticide, its labeling, or other material required to be submitted does not comply with the provisions of this subtitle. If the Secretary refuses an application for registration or proposes to suspend or cancel a registration, notice of the proposed action shall be given to the applicant or registrant who may request a hearing within 30 days from the date of receipt. The Secretary shall conduct the hearing and shall prepare and serve upon the applicant or registrant a written statement containing its findings of fact and an appropriate order. Any person adversely affected by an order may obtain a review of the decision by a civil action commenced within 30 days after the date notice of the decision is mailed to him. The action shall be brought in the circuit court of the county in which the person resides or has his principal place of business. As part of its answer, the Secretary shall file a certified copy of the transcript of the record on which the findings and order in question are based. The court may enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Secretary or may remand the case for a rehearing. Any finding of the board of review is conclusive as to any fact, if supported by substantial evidence. If good cause is shown, the court may order additional evidence to be taken before the Secretary at any time. After the case is remanded, and after hearing additional evidence, the Secretary may modify or affirm his findings of fact and his order, and shall file with the court any additional and modified findings of fact, and a transcript of the additional record upon which his action in modifying or affirming was based. Any additional or modified finding of fact and order is conclusive as to any fact if supported by substantial evidence.

Instead of refusing or cancelling a registration, the Secretary may impose an administrative penalty on any person who violates any provision of this subtitle. The penalty imposed under this section may not exceed $2,000. All penalties collected under this section shall be paid into the State Chemist Fund under § 6–501 of this article. The Secretary shall adopt regulations necessary to implement the provisions of this section.

The Secretary may issue and enforce a written stop–sale order to the registrant, owner, custodian, or distributor of any pesticide that the Secretary finds is in violation of any provision of this subtitle or regulation under this subtitle, or has been found by federal or State authorities to cause unreasonable adverse effects to humans, animals, or the environment, or is in violation of any provision of federal pesticide laws or regulations. The order prohibits sale or distribution of the pesticide until the Secretary has evidence that the pesticide is in compliance with the law and until the Secretary provides a written release from the stop–sale order.

A person may not distribute, sell, or offer for sale, deliver for transportation, or transport in intrastate commerce or between points within the State through any point outside the State any of the following pesticides: Any unregistered pesticide; Any adulterated or misbranded pesticide; or Any pesticide, if any claim made for it or any direction for its use differs in substance from any representation made in its registration statement, or if its composition differs from the composition represented in the registration statement, unless the Department permits a change in the labeling, and the change may be made within a registration period without requiring reregistration. However, the Department may not permit a change in the product name or in the formulation of any product. A person may not detach, alter, deface, or destroy, wholly or partially, any label or labeling provided for in this subtitle or in departmental rules and regulations adopted pursuant to it. A person may not add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this subtitle. A person may not use for his own advantage or reveal any information concerning formulas or products acquired by authority of § 5–105 or § 5–106 of this subtitle, other than to the Secretary, any proper official or employee of the State, to a court of the State in response to a subpoena, to a physician, or, in an emergency, to a pharmacist, or any other qualified person, for use in the preparation of antidotes.

The following persons are not subject to any penalty for a violation of § 5–106 or § 5–109 of this subtitle: Any carrier while lawfully engaged in transporting a pesticide within the State, if the carrier, upon request, permits the Secretary to copy any record showing the transactions in and movement of any pesticide; Any public official of the State or the federal government engaged in the performance of his official duty; or A manufacturer or shipper of a pesticide for experimental use only (i) by or under the supervision of an agency of the State or of the federal government authorized by law to conduct pesticide research, or (ii) by any other person if the pesticide is not sold and if its container shows the manufacturer’s name and address and it is plainly and conspicuously marked “for experimental use only – not to be sold”. However, if a written permit is obtained from the Secretary, the pesticide may be sold for experimental purposes subject to any restriction set forth in the permit. A pesticide is not in violation of this subtitle, if it is intended solely for export to a foreign country, and if it is prepared or packed according to the specifications or directions of the purchaser. If the pesticide is not exported, all the provisions of this subtitle apply.

Any pesticide distributed in the State may be proceeded against in the circuit court of any county, where it is found and seized for confiscation by libel of information, if the pesticide: Is adulterated or misbranded; Is not registered; or Fails to bear on its label the information required by this subtitle. After entry of the decree of condemnation, the pesticide shall be destroyed or sold, as the court directs. If the pesticide is sold, the proceeds, less legal costs, shall be paid to and deposited in the fund established in § 6–501 of this article. The pesticide may not be sold contrary to the provision of this subtitle. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide may not be disposed of unlawfully, the court may order the pesticide delivered to its owner for relabeling or reprocessing. If a decree of condemnation is entered against the pesticide, court costs, fees, storage, and other proper expenses shall be awarded against any person, intervening as claimant of the pesticide.

The Secretary shall examine pesticides to determine whether they comply with the requirements of this subtitle. If it appears from the examination that a pesticide fails to comply with the provisions of this subtitle, and the Secretary contemplates instituting criminal proceedings against any person, he shall give appropriate notice to the person. Any person receiving notice shall be given an opportunity to present his views, orally or in writing, with regard to the contemplated proceedings. If the Secretary determines that the provisions of the subtitle have been violated by the person, he shall refer the facts to the State’s Attorney for the county in which the violation has occurred with a copy of the results of the analysis or the examination of the pesticide. This subtitle does not require the Secretary to report for prosecution, or for the institution of libel proceedings, any minor violation of the subtitle whenever he believes that the public interest is best served by a suitable written warning notice. The prosecuting attorney to whom any violation is reported shall institute appropriate proceedings in the proper court without delay. The Secretary shall give notice by publication of any judgment entered in any action instituted under the authority of this subtitle. The Secretary may enter, during regular business hours, any commercial premises, including any commercial transportation vehicle, where any pesticide is sold, offered for sale, stored or is being transported, to enforce the provisions of this subtitle.

In addition to any other penalty provided by this article, the registration of any pesticide with reference to which any violation has occurred shall terminate automatically if the registrant is convicted of any violation of this subtitle. If the registration of any pesticide terminates, the pesticide may not be registered again unless the Department determines that the pesticide, its labeling, and other material required to be submitted comply with the requirements of this subtitle.

This subtitle may be cited as the Maryland Pesticide Registration and Labeling Law.