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.

Sec. 33B-9. Posting signs after application by property owner or tenant.

   (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.

Sec. 33B-10. Prohibited applications.

   (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.

Sec. 33B-11. Outreach and education campaign.

   (a)   The Executive must implement a public outreach and education campaign before and during implementation of the provisions of this Article.

   (b)   The outreach and education campaign must include the provision of the following resources:

      (1)   the NOSB National List or the Organic Materials Review Institute (OMRI) listed products which are the NOSB National list products categorized by use;

      (2)   FIFRA § 25(b) minimum risk pesticides, listed in 40 C.F.R. § 152.25(f); and

      (3)   guidance on best practices for organic and pesticide-free lawn care.

   (c)   The outreach and education campaign should include:

      (1)   informational mailers to County households;

      (2)   distribution of information through County internet and web-based resources;

      (3)   radio and television public service announcements;

      (4)   news releases and news events;

      (5)   information translated into Spanish, French, Chinese, Korean, Vietnamese, and other languages, as needed;

      (6)   extensive use of County Cable Montgomery and other Public, Educational, and Government channels funded by the County; and

      (7)   posters and brochures made available at County events, on Ride-On buses and through Regional Service Centers, libraries, recreation facilities, senior centers, public schools, Montgomery College, health care providers, hospitals, clinics, and other venues. (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 4. COUNTY PROPERTY AND PARKS.

Sec. 33B-12. Neonicotinoid pesticides on County-owned property.

   (a)   Prohibition. Except as provided in subsection (b), a County employee or County contractor must not use a neonicotinoid pesticide on property owned by the County.

   (b)   Exceptions.

      (1)   A County employee or County contractor may use a neonicotinoid pesticide on County-owned property to control pests while engaged in agriculture.

      (2)   This Section does not apply to County-owned property that the Parks Department operates or manages for the County. (2015 L.M.C., ch. 46, § 1.)

   Editor’s note—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.