In this subtitle the following words have the meanings indicated. “Application” means the spreading of pesticides, by contract or otherwise, for any person owning or renting property. “Certified applicator” means a person who is certified by the Secretary under this subtitle. “Customer” means a person who has entered into a contract with a licensee for pest control. “Device” means an instrument or mechanical contrivance intended to trap, locate, destroy, control, repel, or mitigate pests. “Label” means the written, printed, or graphic matter on, or attached to, the pesticide or device, or any of its containers or wrappers. “Labeling” means all written, printed, or graphic matter: Accompanying the pesticide or device at any time; or To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the: Environmental Protection Agency; United States Departments of Agriculture, Interior, and Health and Human Services; State experiment stations; State agricultural colleges; or Other similar federal or State institutions or agencies authorized by law to conduct research in the field of pesticides. “Pest” means an insect, snail, slug, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms, on or in living man or any other living animal) which normally is considered to be a pest or which the Secretary declares to be a pest. “Pest control” means engaging in, or offering to engage in, recommending, advertising, soliciting the use of, supervising the use of, or using, a pesticide or a device for the identification, control, eradication, mitigation, detection, inspection, or prevention of a pest in, on, or around any house, building, water, air, land, plant, structure, or animal. “Pest control applicator” means a person engaged in the business of pest control. Except as provided by the Secretary, “pest control applicator” includes a person who applies pesticides on any premises where the public is commonly invited for the sale of goods or services. “Pest control consultant” means a person who engages in the business of: Offering or supplying technical advice or supervision; Inspecting for or identifying pests; or Recommending the use of a specific pesticide for the purpose of controlling a pest in or on water, air, land, plants, structures, or animals. “Pesticide” means any substance or mixture of substances intended for: Preventing, destroying, repelling, or mitigating any pest; Use as a plant regulator, defoliant, or desiccant; or Use as a spray adjuvant such as a wetting agent or adhesive. “Pesticide business license” means a license issued by the Secretary to any business in accordance with this subtitle. “Place of business” means any location from which pest control is conducted. “Private applicator” means a person who uses a restricted use pesticide for the purpose of producing any agricultural commodity on property owned or rented by the applicator or applicator’s employer. “Public agency applicator” means a person employed by a unit of federal, State, county or local government or any training institution which is engaged in pest control. “Registered employee” means an employee of a firm or public agency engaged in pest control. “Restricted use pesticide” means a pesticide so classified by the provisions in this title or by the federal government or the Secretary of Agriculture, State of Maryland. “Supervision” means, unless otherwise provided by federal or State labeling, the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is: Responsible for actions of that person; and Available when needed, though the certified applicator may not be physically present at the time and place the pesticide is applied.

To carry out the provisions of this subtitle, the Secretary may receive gifts, contributions, or funds and may receive or issue grants or contracts.

All fees collected under the provisions of this subtitle shall be placed in a fund, known as the “Pesticide Fund”, and used to defray partially the expenses of administering this subtitle. Any unexpended funds shall revert to the General Fund of the State at the end of the fiscal year.

The Secretary, by suitable administrative procedures including public hearings, if appropriate, shall: Adopt rules and regulations governing the storage, sale, distribution, exchange, use, and disposal of any pesticide and its container; Prescribe, when necessary, the time and conditions under which a pesticide may be sold, distributed, exchanged, or used in different areas of the State; Provide, if necessary, that extremely hazardous pesticides may be sold, distributed, exchanged, or applied only when special permission first is obtained from the Secretary; Define the formulations and establish the conditions and appropriate areas for application of any pesticide; Establish guidelines and requirements for the application of pesticides and providing for submission of records to the Secretary; Design and conduct an appropriate educational program on the use of pesticides and the necessity for care when applying them; Encourage, conduct and support research which will contribute to optimal uses of pesticides for maximum public benefit and minimum public damage; Require that records be kept by all licensees and permittees; Employ inspectors and other employees necessary for the proper enforcement of the provisions of this subtitle and the rules and regulations adopted pursuant to it; Coordinate and support pesticide monitoring programs; Establish appropriate categories and, if necessary, subcategories of applicators of pesticides; Establish guidelines and requirements for all licensees, certificate holders, and permittees for the identification of pests and their methods of inspection of property to determine the presence of pests; For purposes of uniformity and in order to enter into cooperative agreements, adopt use classifications and other pertinent pesticide regulation provisions that are established by the U. S. Environmental Protection Agency; and Cooperate with State or federal agencies as is reasonable and proper to carry out the provisions of this subtitle.

The Secretary may sample any pesticide and inspect any device, container, product, apparatus or equipment used or intended for use in pest control operations, any establishment from which pest control is conducted, and any pesticide application or treatment performed by a certified applicator or someone under his supervision.

The Secretary shall establish, by rule or regulation, qualifications for licensing and certification in each category established by § 5–207 of this subtitle to assure competence and responsibility in the application of pesticides. The Secretary may issue licenses, permits, and certificates only to an applicant who meets the requirements established by the Department. The Secretary may establish the conditions under which licenses, permits, and certificates may be revoked, suspended, reinstated, or renewed. The Secretary may establish minimum requirements for financial responsibility for all damages which may be incurred in the commercial application of pesticides.

Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, each pest control consultant, pest control applicator, or public agency applicator shall obtain an annual certificate indicating competence in one or more established categories from the Secretary. Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, each private applicator shall obtain a certificate which shall require periodic renewal as determined by the Secretary. Each application for a certificate by a pest control consultant or pest control applicator shall be accompanied by a $75 certificate fee plus $25 for each category in excess of one. Each application for a private applicator certificate shall be accompanied by a fee of $7. Each applicant for a pest control consultant certificate, pest control applicator certificate, or public agency applicator certificate shall demonstrate competence to consult on pest control or to apply pesticides safely in the State by passing a written examination prepared and administered by the Department. There shall be no charge for an initial examination, provided that each pest control applicator or each pest control consultant shall pay $10 for each examination retaken after the initial examination. Each applicant for a private applicator certificate shall pass an examination given by the Department. A private applicator certificate is valid for 3 years and may be renewed by the certificate holder by participation in training approved by the Department. Each certificate shall be renewed upon payment of the certificate fee and demonstration of satisfactory knowledge of pesticide use. Each place of business engaged in the business of conducting pest control shall obtain an annual license indicating the category of operation. Each place of business engaged in the business of pest control or pest control consulting shall pay to the Department an annual license fee of $150 and shall provide evidence of financial responsibility as required by the Department. Each license shall be renewed upon payment of the license fee and submission of proof of liability insurance. Except as provided in §§ 10–14A–03 and 10–14B–03 of the State Government Article, a person who sells or distributes a restricted use pesticide shall hold a dealer permit from the Secretary. Each application for a dealer permit shall be accompanied by a $25 permit fee. Each dealer permit shall be renewed annually upon payment of the permit fee. A public agency that applies a pesticide shall hold an annual public agency permit from the Secretary. Any person who operates a pest control business shall register annually with the Department each employee, other than a certified applicator, who offers or performs pest control at each business location. The application fee to register an employee initially is $30. The annual renewal fee to register an employee is $30. If an application for renewal of a license, certificate, or registration is received by the Department more than 30 days after the expiration of the license, certificate, or registration, the applicant is subject to a $30 late fee.

The Secretary shall require that each pest control consultant, pest control applicator, or public agency applicator receive additional training prepared and administered by the Department when significant technological developments have occurred requiring additional knowledge in the area of classification for which the consultant or applicator has applied. When certification has been suspended or revoked, the Secretary shall require that each pest control consultant, pest control applicator, or public agency applicator take a special examination prepared and administered by the Department before certification may be reinstated or renewed.

When a pesticide is applied, or at the time a customer enters into a contract with a licensee for pest control, a licensee shall provide a customer with the following written information: Name of licensee; Maryland pesticide business license number; Telephone number of licensee; Common name of pesticide or active ingredient applied; Pertinent safety information, as determined by the Department, including health risks for humans and animals, about pesticide in the end-use dilution applied; Maryland Poison Center telephone number; and Any other information required by the Department. Upon the customer’s request, the licensee shall provide the customer with advance notice of a pesticide application. A licensee or public agency permittee applying a pesticide to a lawn or to exterior landscape plants shall post at the time of application a sign. The sign shall remain 48 hours following the pesticide application, after which time the customer is responsible for the removal of the sign. A person may not remove, alter, or deface the sign or agree or conspire with another to remove, alter, or deface the sign within 48 hours of its posting. The customer or licensee may not be held liable for any penalty for sign removal under this subtitle if the sign is removed by another person or cause over which the customer or licensee has no control. The sign shall: Be clearly visible either from the principal place of access to the property; or Be clearly visible on the portion of the property where the pesticide is applied. The sign shall contain a uniform statement approved by the Department. Before applying an experimental use pesticide, the holder of the required experimental use permit from the U.S. Environmental Protection Agency shall provide the Department with the following information: Name of cooperator; Location of planned application or treatment; Name of active ingredient of pesticide; Purpose of application or use; Total acreage being affected by application; Toxicological profile of pesticide; and Any other information required by the Department.

In this section the following words have the meanings indicated. “Contact person” means an individual knowledgeable about integrated pest management and designated by a county board to act under subsection (e) of this section. “County board” has the meaning stated in § 1–101 of the Education Article. “Crack and crevice treatment” means the application of small amounts of a pesticide in a building into openings such as those commonly found at expansion joints, between levels of construction, and between equipment and floors. “Emergency” means a sudden need to mitigate or eliminate a pest which threatens the health or safety of a student or staff member. “Integrated pest management” means a managed pest control program in which methods are integrated and used to keep pests from causing economic, health related, or aesthetic injury through the utilization of site or pest inspections, pest population monitoring, evaluating the need for control, and the use of one or more pest control methods including sanitation, structural repair, nonchemical methods, and, when nontoxic options are unreasonable or have been exhausted, pesticides in order to: Minimize the use of pesticides; and Minimize the risk to human health and the environment associated with pesticide applications. “Pesticide” does not include: An antimicrobial agent, such as a disinfectant, sanitizer, or deodorizer, used for cleaning purposes; or Any bait station. “School” means a public school in the public elementary and secondary system of the State. “Space spraying” means application of a pesticide by discharge into the air throughout an area. “Space spraying” does not include crack and crevice treatment. “Staff member” means an employee of a school system. “Staff member” includes administrators, teachers, and other support personnel. “Staff member” does not include: A registered employee or applicator certified by the Department; or A person assisting in the application of a pesticide. “Universal notification” means written notice by a school to all parents, guardians, and staff members. This section applies to pesticide application in a school building or on school grounds. The Department shall develop uniform standards and criteria for implementing integrated pest management systems in schools. The Department shall develop uniform standards and criteria for implementing integrated pest management for school grounds by March 15, 2001. A county board shall develop and implement in its schools an integrated pest management system approved by the Secretary. On or before the beginning of the 2001 school year, a county board shall develop and implement an integrated pest management system for school grounds approved by the Secretary. A county board shall designate a contact person. The contact person shall: Act as a contact for inquiries about the integrated pest management system; and Maintain material safety data sheets and labels for all pesticides which may be used in the school district of the county board. At the beginning of each school year, a school shall include notice of the school’s integrated pest management system in the school calendar or other universal notification. The notice shall include: A statement that explains the school’s integrated pest management system and lists any pesticide or bait station that may be used in a school building or on school grounds as part of the integrated pest management system; The name, address, and telephone number of the contact person; A statement that the contact person maintains the product label or material safety data sheet of each pesticide or bait station that may be used by the school in buildings and on school grounds, that the label or data sheet is available for review by a parent, guardian, staff member, or student attending the school, and that the contact person is available to parents, guardians, and staff members for information and comment; and Instructions for including a parent, guardian, or staff member on a pesticide notification list under subsection (g) of this section. At the start of each school year, a school shall develop a pesticide notification list containing each staff member, and parent or guardian of a student attending the school, who requests in writing prior notification of a pesticide application made in the school building or on school grounds during the school year. The school shall keep the pesticide notification list current and shall add additional names on written request by a staff member, or by the parent or guardian of a student attending the school. The school shall make the pesticide notification list available to the Department on request. After the start of each school year, a school shall provide the written information required under subsection (f)(2) of this section to a newly employed staff member or the parent or guardian of a student newly enrolled during the school year. Except as provided in paragraph (3) of this subsection, at least 24 hours before a pesticide is applied in a school building or on school grounds, the school shall provide to each parent, guardian, and staff member on the pesticide notification list the: Common name of the pesticide; Location of the application; Planned date and time of application; and United States Environmental Protection Agency warning that pregnant women should reduce or eliminate exposure to all pesticides. The school may provide prior notification, required under paragraph (1) of this subsection, by: Written notice sent home with the student or provided to the staff member; Telephone call; Direct contact; or Written notice mailed at least 3 days prior to the application. In the case of a pesticide application at an elementary school, at least 24 hours before the pesticide is applied in a school building or on school grounds, the school shall provide to each parent or guardian, and staff member: The common name of the pesticide; The location of the application; The planned date and time of application; The following language: “The office of pesticide programs of the United States Environmental Protection Agency has stated: ‘Where possible, persons who potentially are more sensitive, such as pregnant women and infants (less than two years old), should avoid any unnecessary pesticide exposure.’”; and A brief description of potential adverse effects based upon the material safety data sheet of the pesticides to be applied. Each school system shall develop an appropriate means of in–school notification to students and staff members before a pesticide is applied in a school building or on school grounds of a middle school or high school. For application on school grounds, the notice of planned date and time of application required under this subsection may specify that weather conditions or other extenuating circumstances may cause the actual date of application to be postponed to a later date or dates. If the actual date of application is more than 14 days later than the planned date provided in the notice, notice of the application required under this subsection shall be reissued. Subject to subsection (k) of this section, a school that intends to use space spraying in a school building shall provide written notice at least 1 week beforehand by universal notification. The notice shall be on a separate paper sheet at least 8 1/2 inches by 11 inches in size and shall contain: A common name of the pesticide to be used; A location of the space spraying; A planned date and time of space spraying; The following language: “The office of pesticide programs of the United States Environmental Protection Agency has stated: ‘Where possible, persons who potentially are more sensitive, such as pregnant women and infants (less than two years old), should avoid any unnecessary pesticide exposure.’”; If the pesticide is not addressed in the notice sent at the beginning of the school year, a brief description of the pesticide to be applied; A brief description of potential adverse effects based upon the material safety data sheet of the pesticides to be applied; and The name and telephone number of the county designated contact person. A pesticide may be applied in a school building or on school grounds without prior notification only if an emergency pest situation exists. Except as provided in paragraph (5) of this subsection, within 24 hours after an emergency pesticide application in a school building or on school grounds, or on the next school day, the school shall notify each parent, guardian, and staff member on the pesticide notification list that a pesticide was applied for emergency pest control. The notification required under paragraph (2) of this subsection shall include the: Common name of the pesticide applied; Approximate location of the application; Date of application; and Reason for the emergency application. Notification under this subsection may be made by: Telephone call; Direct contact; or Written notice sent home with the student or provided to the staff member. In the case of an emergency pesticide application at an elementary school, within 24 hours after an emergency pesticide application in a school building or on school grounds, or on the next school day, the school shall provide to each parent, guardian, and staff member: The common name of the pesticide; The location of the application; The date and time of application; The following language: “The office of pesticide programs of the United States Environmental Protection Agency has stated: ‘Where possible, persons who potentially are more sensitive, such as pregnant women and infants (less than two years old), should avoid any unnecessary pesticide exposure.’”; and A brief description of potential adverse effects based upon the material safety data sheet of the pesticides applied. Each school system shall develop appropriate means of in–school notification before a bait station is used in a school building. The means may include a sign posted on the door of the room in which the bait station is placed.

In this section, “general use pesticide” means a pesticide that is not a restricted use pesticide. Each commercial application of a general use pesticide shall be done: By: A certified pest control applicator; or A certified public agency applicator; or Under the supervision of: A certified pest control applicator; or A certified public agency applicator. Each commercial application of a restricted use pesticide shall be done by: A certified pest control applicator; or A certified public agency applicator. Each private application of a restricted use pesticide shall be done by: A certified private applicator; or Subject to paragraph (2) of this subsection, an individual working under the direct supervision of a certified private applicator who is certified in the specific category of application being utilized by the individual. A certified private applicator shall ensure that all of the requirements set forth in 40 C.F.R. § 171.201(b)(3) are met before allowing a noncertified individual to use a restricted use pesticide under the certified applicator’s direct supervision. Certified pesticide control applicators and public agency applicators are responsible and liable for the application of general use pesticides and restricted use pesticides. Certified private applicators are responsible and liable for the application of restricted use pesticides.

A licensee or permittee shall register with the Department any employee who performs pest control. Within 30 days after employment, and before registration, an employee, other than a certified applicator, shall successfully complete training approved by the Department. An employee who has not successfully completed training in accordance with the provisions of paragraph (2) of this subsection may only apply pesticides if a certified applicator or registered employee is physically present at the time and place the pesticide is applied by the employee. The Department shall adopt regulations that establish criteria for approved training programs.

A person may not use, apply, or recommend use of a pesticide other than as specified by the label. The label includes material attached to the container, a brochure, information furnished with the pesticide, or any information contained in the approved State registration of the pesticide. A person may not use, apply, or recommend use of a pesticide in a manner other than as specified by this subtitle or rules and regulations adopted under it.

The Secretary may enter into reciprocal agreements with other states to provide that nonresident applicators or pest control consultants may be exempt from examination requirements under this subtitle if certified under equivalent plans of other states approved by the federal Environmental Protection Agency granting similar exemptions to residents of this State, upon payment of such fees as are required by Maryland applicators or pest control consultants and upon meeting any additional requirements that may be required in the agreement.

A person who violates any provision of this subtitle is subject to a civil penalty of not more than $2,500 for a first violation of this subtitle. A person who violates any provision of this subtitle is subject to a civil penalty of not more than $5,000 for each subsequent violation of this subtitle. Each day a violation under this subsection occurs is a separate violation. In addition to the denial, suspension, or revocation of the license, permit or certificate, the Secretary may impose a civil penalty on the holder of a license, permit, or certificate under paragraph (1) or (2) of this subsection for each violation of this subtitle. The total penalties imposed on a person for violations under this subtitle that result from the same set of facts and circumstances may not exceed $25,000. The penalty imposed on a person under this section shall be assessed with consideration given to: The willfulness of the violation, the extent to which the existence of the violation was known to the violator but uncorrected by the violator, and the extent to which the violator exercised reasonable care; Any actual harm to human health or to the environment including injury to or impairment of the use of the waters of this State or the natural resources of this State; The cost of control; The nature and degree of injury to or interference with general welfare, health, and property; The extent to which the location of the violation, including location near areas of human population, creates the potential for harm to the environment or to human health or safety; and The extent to which the current violation is part of a recurrent pattern of the same or similar type of violation committed by the violator. Penalties collected by the Secretary under this section shall be paid into the General Fund of the State. The Secretary shall establish such rules and regulations as are necessary to carry out the provisions of this section.

An employer may not require a pest control applicator, as a condition of employment, to transport pesticides in a commercial transportation vehicle that does not contain a compartment for the pesticides that is separated from the passenger area or in a manner that does not provide adequate protection for the safety and health of the passengers from the pesticides.

The Secretary may bring an action for an injunction against a person who violates any provision of this subtitle. In an action for an injunction under this section, any finding of the Secretary after a hearing is prima facie evidence of each fact the Secretary determines. On a showing that a person is violating any provision of this subtitle, a court shall grant an injunction without requiring a showing of a lack of an adequate remedy at law. An action for an injunction under this section is in addition to, and not instead of, criminal prosecution taken under § 5-211 of this subtitle or imposition of civil penalties under § 5-210.2 of this subtitle.

Notwithstanding any other provision of this article, any person who violates any provision of this subtitle is guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $1,000, or imprisonment not exceeding 60 days, or both, with costs imposed in the discretion of the court. Instead of or in addition to any other penalty provided for in this section, the court may award indemnification to any person who has contracted with the defendant and who has suffered financial injury or damages as a result of the violation of any provision of this subtitle. The amount of any indemnification awarded under subsection (b) of this section shall be limited to the actual amount paid for the services by the injured party. Nothing in subsection (b) of this section shall abrogate the right of any person to bring an action for civil damages for violations of this subtitle.