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<regulation prefix="Regulation" num=".02" citation="COMAR 15.05.01.02" title_num="15" subtitle_num="05" chapter_num="01" heading="General Requirements for Applying or Recommending Pesticides.">
  <paragraph num="A.">
    <text>This regulation sets forth the general requirements which a person, when applying or recommending a pesticide, shall follow.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Pesticide Use or Recommendation. When using or recommending pesticides, a person shall:</text>
    <paragraph num="(1)">
      <text>Use or recommend only those pesticides which are registered with the Department;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Use or recommend pesticides in strict accordance with:</text>
      <paragraph num="(a)">
        <text>The Maryland Pesticide Applicators Law;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Maryland Pesticide Registration and Labeling Law; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Except as otherwise provided by State and federal law, the manufacturer's labeling directions;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Observe all precautions in the handling, use, storage, and disposal of pesticides and their containers so that:</text>
      <paragraph num="(a)">
        <text>Pesticides do not move from the intended site of application;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Nontarget areas or organisms, including humans, do not suffer injury; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Unreasonable adverse effects on the environment do not occur or are minimized; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Comply with 40 CFR 165 (Pesticide Management and Disposal) and 40 CFR 170 (Worker Protection Standard), as amended, which are incorporated by reference.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Limitations on Restricted Use Pesticide. A person may not use a restricted use pesticide unless that person is a certified applicator or is a person working under the supervision of a certified applicator.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Restrictions on Use of Pesticides in the Cultivation of Medical Cannabis; Exemptions.</text>
    <paragraph num="(1)">
      <text>Except as provided in this section, a person may not use any pesticide in the cultivation of medical cannabis, defined as any part of the plant Cannabis sativa.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A person may use a pesticide in the cultivation of medical cannabis that is labeled for use in a greenhouse environment that:</text>
      <paragraph num="(a)">
        <text>Is formulated with inert and active ingredients listed in 40 CFR §152.25(f)(1) and (2);</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Has been exempted from the food residue tolerance requirements listed in 40 CFR 180;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Has met the criteria for organic food production as defined by 7 CFR 205; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Is allowed by the United States Environmental Protection Agency by label language that is broad enough to include use on cannabis as determined by the Department.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>A person may use a pesticide on hard surfaces of items and areas used to support operations in the cultivation of medical cannabis for the purpose of disinfection or sanitation for the control of microorganisms provided that the pesticide is labeled for use on hard surfaces, including benches, floors, pallets, pots, skids, tools, and equipment.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Any spray adjuvant that is labeled for use on food crops can be used with a pesticide that is applied to medical cannabis that has the intended use allowed by the spray adjuvant label.  Spray adjuvant use is limited to those allowed for use with an insecticide or fungicide.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>If a pesticide is used in the cultivation of medical cannabis, it shall be applied in a manner consistent with State and federal application requirements.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Any pesticide used in the cultivation of medical cannabis shall be registered according to Agriculture Article, §5-105, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The Department shall publish a list of pesticides for use in the cultivation of medical cannabis that is updated annually.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>The Natalie M. LaPrade Medical Cannabis Commission may remove any pesticide from the list of approved pesticides if there is reasonable documented evidence that the pesticide has the potential to cause harm to patients using medical cannabis.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>The Department may issue a stop-sale order to any registrant of a pesticide that the Secretary finds is in violation of Agriculture Article, Title 5, Annotated Code of Maryland, or has been found by federal or State authorities to cause unreasonable adverse effects to humans, animals, or the environment.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Restrictions on Use of Insecticides that Contain Chlorpyrifos.</text>
    <paragraph num="(1)">
      <text>Aerial Applications Prohibited. A person may not conduct an aerial application of any insecticide containing Chlorpyrifos in the State.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Other Applications Generally Prohibited After December 31, 2020.</text>
      <paragraph num="(a)">
        <text>Except as provided in §E(2)(b) and (c) of this regulation, after December 31, 2020, a person may not apply an insecticide containing Chlorpyrifos or seeds that have been treated with Chlorpyrifos in the State for any use.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Fruit Trees and Snap Bean Seeds. Until June 30, 2021, a person may use an insecticide containing Chlorpyrifos or seeds that have been treated with Chlorpyrifos in the State to treat snap bean seeds and the trunks and lower limbs of fruit trees. After June 30, 2021, such applications are prohibited unless authorized by the Secretary under §E(2)(c) of this regulation.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Limited Particular Use Authorization. After December 31, 2020, a person may file a written application with the Department requesting authorization to use an insecticide that contains Chlorpyrifos or seeds that have been treated with Chlorpyrifos for a particular use. If the Secretary has determined that there are no effective alternatives for the particular use noted in the application, the Secretary may authorize such use for a specified period of time, which may not extend beyond December 31, 2021.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Establishment of Committee. The Secretary shall establish a committee, with members appointed by the Secretary, to determine alternatives to using Chlorpyrifos or seeds that have been treated with Chlorpyrifos, which shall dissolve on December 31, 2021.</text>
    </paragraph>
  </paragraph>
</regulation>