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Statutes Text

Article - Agriculture




§5–201.

    (a)    In this subtitle the following words have the meanings indicated.

    (b)    “Application” means the spreading of pesticides, by contract or otherwise, for any person owning or renting property.

    (c)    “Certified applicator” means a person who is certified by the Secretary under this subtitle.

    (d)    “Customer” means a person who has entered into a contract with a licensee for pest control.

    (e)    “Device” means an instrument or mechanical contrivance intended to trap, locate, destroy, control, repel, or mitigate pests.

    (f)    “Label” means the written, printed, or graphic matter on, or attached to, the pesticide or device, or any of its containers or wrappers.

    (g)    “Labeling” means all written, printed, or graphic matter:

        (1)    Accompanying the pesticide or device at any time; or

        (2)    To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the:

            (i)    Environmental Protection Agency;

            (ii)    United States Departments of Agriculture, Interior, and Health and Human Services;

            (iii)    State experiment stations;

            (iv)    State agricultural colleges; or

            (v)    Other similar federal or State institutions or agencies authorized by law to conduct research in the field of pesticides.

    (h)    “Pest” means an insect, snail, slug, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms, on or in living man or any other living animal) which normally is considered to be a pest or which the Secretary declares to be a pest.

    (i)    “Pest control” means engaging in, or offering to engage in, recommending, advertising, soliciting the use of, supervising the use of, or using, a pesticide or a device for the identification, control, eradication, mitigation, detection, inspection, or prevention of a pest in, on, or around any house, building, water, air, land, plant, structure, or animal.

    (j)    (1)    “Pest control applicator” means a person engaged in the business of pest control.

        (2)    Except as provided by the Secretary, “pest control applicator” includes a person who applies pesticides on any premises where the public is commonly invited for the sale of goods or services.

    (k)    “Pest control consultant” means a person who engages in the business of:

        (1)    Offering or supplying technical advice or supervision;

        (2)    Inspecting for or identifying pests; or

        (3)    Recommending the use of a specific pesticide for the purpose of controlling a pest in or on water, air, land, plants, structures, or animals.

    (l)    “Pesticide” means any substance or mixture of substances intended for:

        (1)    Preventing, destroying, repelling, or mitigating any pest;

        (2)    Use as a plant regulator, defoliant, or desiccant; or

        (3)    Use as a spray adjuvant such as a wetting agent or adhesive.

    (m)    “Pesticide business license” means a license issued by the Secretary to any business in accordance with this subtitle.

    (n)    “Place of business” means any location from which pest control is conducted.

    (o)    “Private applicator” means a person who uses a restricted use pesticide for the purpose of producing any agricultural commodity on property owned or rented by the applicator or applicator’s employer.

    (p)    “Public agency applicator” means a person employed by a unit of federal, State, county or local government or any training institution which is engaged in pest control.

    (q)    “Registered employee” means an employee of a firm or public agency engaged in pest control.

    (r)    “Restricted use pesticide” means a pesticide so classified by the provisions in this title or by the federal government or the Secretary of Agriculture, State of Maryland.

    (s)    “Supervision” means, unless otherwise provided by federal or State labeling, the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is:

        (1)    Responsible for actions of that person; and

        (2)    Available when needed, though the certified applicator may not be physically present at the time and place the pesticide is applied.



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