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Chapter 33B. Pesticides. [Note]
Article 1. General Provisions.
§ 33B-1. Legislative findings and purpose.
§ 33B-2. Definitions.
§ 33B-3. Signs with retail purchase of pesticide.
§ 33B-4. Storage and handling of pesticides.
§ 33B-5. Regulations.
§ 33B-6. Penalty for violating chapter.
Article 2. Notice Requirements.
§ 33B-7. Notice about pesticides to customer.
§ 33B-8. Posting signs after application by custom applicator.
§ 33B-9. Posting signs after application by property owner or tenant.
Article 3. Application restrictions.
§ 33B-10. Prohibited applications.
§ 33B-11. Outreach and education campaign.
Article 4. County Property and Parks.
§ 33B-12. Neonicotinoid pesticides on County-owned property.
§ 33B-13. Integrated pest management on County property.
§ 33B-14. County parks.
*Editor's note-Chapter 33B, "Pesticides," was held unconstitutional due to conflict with Federal legislation (Federal Insecticide, Fungicide and Rodenticide Act, ‘FIFRA,’ 7 USC 136 et seq.) which the court ruled preempted local legislation. Maryland Pest Control Ass’n. v. Montgomery County, Maryland, 646 F. Supp. 109 (D.Md., 1986), aff'd on appeal, 822 F.2d 55 (1987). Based on a later Supreme Court decision, Wisconsin Public Intervenor v. Mortier, 115 L.Ed.2d 532, 111 S.Ct. 2476 (1991), the ruling of the District Court in Civil No. JFM-86- 1688 was rescinded on April 3, 1992, and is no longer in effect.
Amendments in 1987 to State law (MD. AGRIC. CODE ANN., § 5-201, et seq.,) enacted provisions similar to those in County law. State legislation introduced in 1993 (SB 429) which would have restricted the right of local jurisdictions to regulate application of pesticides did not pass, leaving ch. 33B of the Montgomery County Code still in effect.