CHAPTER 33B. PESTICIDES — REGULATIONS
A. Authority. In accordance with the authority conferred under Chapter 33B, Section 33B-5, of the Montgomery County Code, 2014, as amended (hereinafter referred to as the “Code”), the County Executive hereby promulgates this regulation to implement County law pertaining to public education and safety measures required of retail sellers of pesticides as set forth in Chapter 33B of the Code.
B. Applicability. This regulation applies to all pesticide retailers that are subject to Chapter 33B of the Code.
C. Definitions. The definitions of the terms used in this regulation are provided in Chapter 33B, Section 33B-1, of the Code. For purposes of this regulation, the following additional words and phrases will have the meaning respectively ascribed to them in this regulation:
Director of Environmental Protection - The Director of the Montgomery County Department of Environmental Protection or the Director’s designee.
Director of Health and Human Services - The Director of the Montgomery County Department of Health and Human Services or the Director’s designee.
Food Service Facility - Any enterprise that prepares or sells food or drink for human consumption on or off the premises. Food service facility includes any restaurant, coffee shop, retail market, cafeteria, short-order café, luncheonette, tavern, sandwich stand, soda fountain; and any food service facility in an industry, institution, hospital, club, school, church, catering kitchen, or camp.
Landscaped Environment - An area of land covered by a lawn or altered from its natural state by a playground, mulched recreation area, or other improvement that is subject to the pesticide use restrictions under Section 33B-10 of the Code.
Waterbody Environment - Any area of land managed by the Parks Department within 25 feet of a waterbody that is subject to the pesticide use restrictions under Section 33B-14 of the Code.
Non-bulk Pesticides - Any pesticide distributed, sold, offered for sale, packaged, or repackaged in containers designed for less than 10 gallons of liquid or less than 56 pounds of dry weight.
Pesticide Producer Establishment - Any place assigned an establishment number by the U.S. Environmental Protection Agency where a pesticide or device or active ingredient used in creating a pesticide is produced, or held, for distribution or sale.
Pesticide Retailer - A person that sells at retail non-bulk pesticides or non-bulk quantities of a material that contains a pesticide.
Properly Labeled - The written, printed, or graphic matter that appears on or is attached to a pesticide, or its immediate container, and the outside container or wrapper of any retail package of pesticide contains sufficient instructions for use and caution to satisfy the requirements of state and federal pesticide labeling laws.
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