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(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.)
(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.
(a) A person who performs a private lawn application treating an area more than 100 square feet, or an area of any size within five feet of a property line, 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; and
(4) have wording with content and dimensions approved by the Department; and
(5) be in place on the day that the pesticide is applied. (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.
ARTICLE 3. APPLICATION RESTRICTIONS.
(a) On County-owned property and private property, except as provided in subsection (b), a person must not apply a registered pesticide other than a listed pesticide to:
(1) a lawn;
(2) a playground;
(3) a mulched recreation area;
(4) a children’s facility; or
(5) the grounds of a children’s facility.
(b) A person may apply any registered pesticide to:
(1) control weeds as defined in Chapter 58, Weeds;
(2) control invasive species listed in a regulation adopted under subsection 33B-5(c);
(3) control disease vectors;
(4) control biting or stinging insects or stinging plants;
(5) control organisms that threaten the health of trees or shrubs;
(6) maintain property as part of efforts by a public utility to comply with applicable vegetation management provisions of any federal, state, or local law or regulation;
(7) control indoor pests, if applied around or near the foundation of a building;
(8) control pests while engaged in agriculture; and
(9) control a pest outbreak that poses an imminent threat to human health or prevent significant economic damage if a registered pesticide is not used.
(c) If a pesticide is applied under paragraph (b)(9) of this Section, the person applying the pesticide must:
(1) within seven days after a pesticide is applied on private property, notify the Department of the application and the reasons for the use of the pesticide; or
(2) within 30 days after a pesticide is applied on County-owned property, inform the Council of the application and the reasons for the use of the pesticide. (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.
2015 L.M.C., ch. 46, § 3, states as follows: The prohibitions and requirements related to the use of registered pesticides and neonicotinoids on County-owned property and in County parks contained in Sections 33B-10, 33B-12, 33B-13 and 33B-14 take effect on July 1, 2016.
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