Sec. 33B-3. Signs with retail purchase of pesticide.

   A person who sells at retail a pesticide or material that contains a pesticide must:

   (a)   make available to a person who buys the pesticide or material that contains a pesticide:

      (1)   notice signs and supporting information that are approved by the Department;

      (2)   the product label or other information that FIFRA requires for sale of the pesticide; and

      (3)   materials approved or distributed by the Department that:

         (A)   explain the dangers of contamination that may occur from pesticide use; and

         (B)   inform buyers of the availability of alternative products; and

   (b)   display a sign or signs in each area of the retail establishment where registered pesticides are available to consumers, with language approved by the Department, that:

      (1)   informs buyers of the County law on the use of registered pesticides on lawns; and

      (2)   identifies pest control options that are permissible for lawn application under the law.

   The Department must enforce this Section and must annually inspect each person who sells at retail a pesticide or material that contains a pesticide. (1986 L.M.C., ch. 38, § 1; 2015 L.M.C., ch. 46, §1.)

   Editor’s note—In Complete Lawn Care, Inc., et al. v. Montgomery County, Md., (Cir. Ct. Montgomery Cty. Aug. 3, 2017) Nos. 427200V & 427253V, the court enjoined enforcement of 2015 L.M.C., ch. 46 (Bill 52-14) as it regards to use of pesticides on private property because it is preempted by, and in conflict with, the state pesticide law. Section 33B-3(b) is new language added by Bill 52-14.

Sec. 33B-4. Storage and handling of pesticides.

   Any person who sells at retail a pesticide or material that contains a pesticide must:

   (a)   transport, display, and store each pesticide in a secure, properly labeled container that resists breakage and leakage, and promptly clean up and either repackage or properly dispose of any pesticide that escapes from its container;

   (b)   display and store each pesticide separately from any food, medicine, or other product that a human being or animal may ingest; and

   (c)   transport each pesticide separately from any food, medicine, or other product that a human being or animal may ingest unless the pesticide is in a secure container that resists breakage and leakage.

   The Department, the Health and Human Services Department, and any other agency designated by the County Executive, must enforce this Section. (2000 L.M.C., ch. 34, § 1; 2015 L.M.C., ch. 46, §1.)

Sec. 33B-5. Regulations.

   (a)    The Executive must adopt regulations to carry out this Chapter under method (2).

   (b)    The Executive must include in the regulations adopted under this Section the minimum size or quantity, and type of pesticide subject to Section 33B-3.

   (c)   The Executive must include in the regulations adopted under this Section a list of invasive species that may be detrimental to the environment in the County.

   (d)   The Executive must review and update the list of invasive species designated under subsection (c) by July 1 of each year. (1986 L.M.C., ch. 38, § 1; 2000 L.M.C., ch. 34, §1; 2015 L.M.C., ch. 46, § 1.)

   Editor’s note—2015 L.M.C., ch. 46, § 2, states as follows: The Executive must submit the list of invasive species required by Subsection 33B-5(c) to the Council for approval by March 1, 2016.

Sec. 33B-6. Penalty for violating chapter.

   (a)    Any violation of this Chapter is a class C violation.

   (b)    Each day a violation continues is a separate offense. (1986 L.M.C., ch. 38, § 1; 2000 L.M.C., ch. 34, § 1; 2015 L.M.C., ch. 46, § 1.)

ARTICLE 2. NOTICE REQUIREMENTS.

Sec. 33B-7. Notice about pesticides to customer.

   (a)   In this Section:

      (1)   Customer means a person who makes a contract with a custom applicator to have the custom applicator apply a pesticide to a lawn.

      (2)   New customer includes a customer who renews a contract with a custom applicator.

   (b)   A custom applicator must give to a new customer:

      (1)   before application, a list of:

         (A)   the trade name of each pesticide that might be used;

         (B)   the generic name of each pesticide that might be used; and

         (C)   specific customer safety precautions for each pesticide that might be used; and

      (2)   after application, a list of:

         (A)   the trade name of each pesticide actually used; and

         (B)   the generic name of each pesticide actually used; and

      (3)   a written notice about pesticides prepared by the Department under subsection (c).

   (c)   The Department must prepare, keep current, and provide to a custom applicator a written notice about pesticides for the custom applicator to give to a customer under subsection (b).

   (d)   The notice prepared by the Department under subsection (c) must include:

      (1)   government agency phone numbers to call to:

         (A)   make a consumer complaint;

         (B)   receive technical information on pesticides; and

         (C)   get assistance in the case of a medical emergency;

      (2)   a list of general safety precautions a customer should take when a lawn is treated with a pesticide;

      (3)   a statement that a custom applicator must:

         (A)   be licensed by the Maryland Department of Agriculture; and

         (B)   follow safety precautions; and

      (4)   a statement that the customer has the right to require the custom applicator to notify the customer before each treatment of the lawn of the customer with a pesticide. (1986 L.M.C., ch. 38, § 1; 2015 L.M.C., ch. 46, § 1.)

Sec. 33B-8. Posting signs after application by custom applicator.

   (a)   Immediately after a custom applicator treats a lawn with a pesticide, the custom applicator must place markers within or along the perimeter of the area where pesticides have been applied.

   (b)   A marker required under this Section must:

      (1)   be clearly visible to persons immediately outside the perimeter of the property;

      (2)   be a size, form, and color approved by the Department;

      (3)   be made of material approved by the Department;

      (4)   have wording with content and dimensions approved by the Department; and

      (5)   be in place on the day that the pesticide is applied. (1986 L.M.C., ch. 38, § 1; 2015 L.M.C., ch. 46, § 1.)

   Editor’s note—In Complete Lawn Care, Inc., et al. v. Montgomery County, Md., (Cir. Ct. Montgomery Cty. Aug. 3, 2017) Nos. 427200V & 427253V, the court enjoined enforcement of 2015 L.M.C., ch. 46 (Bill 52-14) as it regards to use of pesticides on private property because it is preempted by, and in conflict with, the state pesticide law. Bill 52-14 amended existing language in §§33B-8(a), (b), and (b)(1). Section 33B-8(b)(5) is new language added by Bill 52-14.