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15.05.01.00.htm 15.05.01.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 05 PESTICIDE USE CONTROL Chapter 01 Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses Authority: Agriculture Article, §2-103, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland
15.05.01.01.htm 15.05.01.01. 01 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) "Application" means the spreading of pesticides, by contract or otherwise, for any person owning or renting property.2) “Alert” means a characteristic change in a dog’s behavior in response to the odor of a pest as interpreted by the dog’s handler.3) “Canine scent pest detection team” or “Team” means a human and a dog that train and work together as a unit to detect a target pest.
15.05.01.02.htm 15.05.01.02. 02 General Requirements for Applying or Recommending Pesticides.. A. This regulation sets forth the general requirements which a person, when applying or recommending a pesticide, shall follow.B. Pesticide Use or Recommendation. When using or recommending pesticides, a person shall:. 1) Use or recommend only those pesticides which are registered with the Department;. 2) Use or recommend pesticides in strict accordance with:. a) The Maryland Pesticide Applicators Law;.
15.05.01.03.htm 15.05.01.03. 03 General Requirements for Licensees, Permittees, Certificate Holders, or Registered Employees.. A. Licensing Requirements.. 1) A private applicator shall obtain a certificate as provided under Regulation .07 of this chapter.. 2) A pest control applicator, pest control consultant, or public agency applicator shall obtain a certificate as provided under Regulation .08 of this chapter.3) Each place of business performing pest control shall be licensed as provided under Regulation .10
15.05.01.04.htm 15.05.01.04. 04 Pest Control Employees ― Responsibilities of Employer, the Department, and Employees.. A. Responsibility of Licensee or Permittee.. 1) Registering Employees. A licensee or permittee shall register with the Department each employee who performs pest control either when applying, respectively, for a license or permit, or within 30 days after the employee’s employment.2) Providing Identifying Information. A licensee or permittee shall provide the Department with the
15.05.01.05.htm 15.05.01.05. 05 Specific Requirements for Fumigation Operations.. A. Requirements Pertaining to Employees. To perform fumigation work, an employee of a licensee, permittee, or certificate holder shall:1) Be trained in fumigation practices;. 2) Have adequate knowledge of the fumigant; and. 3) Be provided with safety equipment necessary for the employee's protection.. B. Notification Requirement.. 1) Soil Fumigation. Before applying a soil fumigant within 300 feet of any residence, the certified
15.05.01.06.htm 15.05.01.06. 06 Specific Requirements for Storing Pesticides.. A. Minimum Requirements for Storing Nonbulk Pesticides. At a minimum, a person licensed, certified, permitted, or registered by the Department under this chapter who is storing nonbulk pesticides shall ensure that the pesticides being stored and the pesticide storage areas meet the following requirements:1) The storage area shall be secured or locked to prevent unauthorized access;. 2) Pesticides shall be stored in a separate buildi
15.05.01.07.htm 15.05.01.07. 07 Private Applicator Certificate.. A. Each applicant for a private applicator certificate shall obtain from the Department a certificate before the initial purchase or use of a restricted use pesticide.B. Each applicant shall apply to the Department, using a Departmental form.. C. Each applicant for a private applicator certificate shall be 16 years old or older, demonstrate proof of practical knowledge of pest control, and meet the following requirements:
15.05.01.08.htm 15.05.01.08. 08 Pest Control Applicator, Pest Control Consultant, and Public Agency Applicator Certification, and Categories of Pest Control.A. Certification. A person shall apply to the Department, using Departmental forms, for certification as a pest control applicator, pest control consultant, or public agency applicator in any of the following categories or subcategories of pest control:1) Agricultural. This category consists of the following subcategories:. a) Plant. This subcategor
15.05.01.09.htm 15.05.01.09. 09 Examinations for Certification of Pest Control Applicator, Pest Control Consultant, and Public Agency Applicator.A. Each applicant for certification shall pass a written examination, given by the Department, in each category for which the applicant qualifies. Each applicant shall apply to the Department at least 1 month before the scheduled examination date and specify the category in which the applicant seeksB. The Department shall give the examination at least twice a year..
15.05.01.10.htm 15.05.01.10. 10 Licenses ― Types and Requirements.. A. Types. Each place of business performing pest control shall be licensed in those categories in which it operates. The licenses are:1) Pesticide business license―issued to a business performing pest control work;. 2) Pest control consultant license―issued to a business providing pest control consultation; and. 3) Not-for-hire license―issued to a person who performs, or whose employees perform, pest control services on property that is:
15.05.01.11.htm 15.05.01.11. 11 Public Agency Permit ― Operation and Requirements.. A. Operation. A public agency that performs pest control shall annually obtain a public agency permit indicating those categories in which the Department authorizes it to perform pest control.B. Requirements. An applicant for a permit annually shall apply to the Department on Departmental forms and designate an individual who is certified in those categories in which the agency is permitted to do pest control.
15.05.01.12.htm 15.05.01.12. 12 Records.. Each licensee and permit holder shall maintain for 2 years records of each pest identification, pesticide recommendation, or pesticide application, and shall make these records immediately available, on request, to the Department. The following information shall be recorded, when applicable:A. Name of applicator or consultant;. B. Date of application, recommendation, or pest identification;. C. The plant, animal, or site to which the pesticide was applied or recomme
15.05.01.13.htm 15.05.01.13. 13 Dealer Permit ― Operation, Requirements, and Restrictions.. A. Operation. A person who sells or distributes restricted use pesticides shall hold a dealer permit from the Department.B. Requirements. An applicant for this permit shall:. 1) Apply to the Department;. 2) List the dealer's name or business name, location, and phone number;. 3) Assign an individual to act as the Department's contact at the dealer's business office;.
15.05.01.14.htm 15.05.01.14. 14 Standards for Inspection for Pests.. A. Responsibilities ― General. The following standards apply to each person regulated under this chapter, and each pest inspection shall be done according to the following standards by a person who is competent to determine the presence of target pests or their damage:1) Each inspection shall include a careful visual observation and thorough examination of the readily accessible area, object, material, structure, or part of a structure insp
15.05.01.15.htm 15.05.01.15. 15 Posting of Sign.. A. A licensee or permittee applying a pesticide to a lawn or to exterior landscape plants shall post, at the time of application, a sign which conforms to the requirements of this regulation. This regulation applies only to a licensee or permittee in pest control category III―ornamental or turf, as described in Regulation .08 A(3) of this chapter.B. The licensee or permittee who is required to post a sign under this regulation shall model it aft
15.05.01.16.htm 15.05.01.16. 16 Pesticide Information for Customer.. A. 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:1) Name of licensee;. 2) Maryland pesticide business license number;. 3) Licensee telephone number;. 4) Maryland Poison Center telephone number;. 5) Common name of pesticide or active ingredient applied; and. 6) One of the following:.
15.05.01.17.htm 15.05.01.17. 17 List of Pesticide Sensitive Individuals.. A. Operations.. 1) This regulation applies only to a licensee or permittee in pest control category III―ornamental or turf, as described in Regulation .08A(3) of this chapter.2) The Department shall prepare, from information provided by an applicant for registration, a list of:a) Pesticide sensitive individuals who have registered with the Department under §B of this regulation; andb) Property owners who are contiguous or adjacent
15.05.01.18.htm 15.05.01.18. 18 Enforcement.. A. The Department may issue a civil penalty or suspend, revoke, or deny any license, certificate, permit, or registered employee identification card, for any of the following reasons:1) Violating any provision of the Maryland Pesticide Applicators Law, these regulations, or the Federal Insecticide, Fungicide, and Rodenticide Act, as amended;2) Failing to establish and consistently maintain liability insurance required by this chapter;. 3) Conducting a pesticide
15.05.01.19.htm 15.05.01.19. 19 Hearings and Appeals.. A. Hearings.. 1) When a person is charged by the Secretary with a violation of this chapter, the Secretary shall give the person charged an opportunity to be heard pursuant to COMAR 15.01.01 concerning procedural rules on hearings.2) Following an emergency suspension a hearing shall be held promptly.. B. Appeals. A person whose license, certificate, permit, or registered employee identification card is denied, revoked, or suspended, may appeal accor
15.05.01.20.htm 15.05.01.20. 20 Assessment of Civil Penalty.. A. If the Department determines that a person has violated any provision of the Maryland Pesticide Applicators Law, these regulations, or the Federal Insecticide, Fungicide, and Rodenticide Act, as amended, it may impose a civil penalty of not more than $2,500 for a first violation and not more than $5,000 for each subsequent violation. The total penalties imposed on a person for violations that result from the same set of facts and circumstances
15.05.01.9999.htm 15.05.01.9999. Administrative History Effective date: March 1, 1970. Chapter revised effective November 10, 1976 (3:23 Md. R. 1304). Chapter revised effective December 2, 1985 (12:24 Md. R. 2354). Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20). Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20). Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421). Regulation .04A amended as an emergency provision effective December 2, 198
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