Maine Board of Pesticides Control

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Regulations

NOTE: Click on rule number to download the regulation in its entirety (Microsoft Word format).

Click here for a single PDF file, including all 23 pesticide rules.

Rule no.	Title	Brief Description
Ch. 10	Definitions and Terms	These definitions and terms are defined as they specifically relate to the use of pesticides, the certification and licensing of pesticide applicators and dealers, and other areas as regulated by the Board in succeeding chapters.
Ch. 20	Special Provisions	Regulates the use, storage and disposal of pesticides with specific emphasis on registered pesticides, right of way and aquatic applications and employer/employee requirements.
Ch. 21 [REPEALED—Effective: December 23, 2012]	Pesticide Container Disposal and Storage	These rules set forth the regulations for the management of emptied pesticide containers for limited and restricted use pesticides. They establish deposit amounts, sticker requirements, triple rinse or equivalent procedures, and refund places and procedures. The rules are organized according to classification of the pesticide as to whether it was purchased in state or out of state.
Ch. 22	Standards for Outdoor Application of Pesticides by Powered Equipment in Order to Minimize Off-Target Deposition	Establishes procedures and standards for the outdoor application of pesticides by powered equipment in order to minimize spray drift and other unconsented exposure to pesticides. The primary purpose of these regulations is to implement the legislative mandate of the Board, as expressed by 7 M.R.S.A. § 606(2)(G), to design rules which "minimize pesticide drift to the maximum extent practicable under currently available technology."
Ch. 24	Pesticide Storage Facility Standards/Pesticide Distributors	Provides minimum criteria for the siting, construction and operation of facilities and businesses which store pesticides for wholesale or retail purposes. They are intended to protect the public health of employees and persons who live near these facilities and to minimize adverse environmental impacts that might result from emergencies caused by fires or spills. This chapter divides storage facilities into three groups and imposes requirements commensurate with their potential threat to public health and the environment. These regulations also describe display requirements for retail businesses which offer pesticides for sale in self-service areas.
Ch. 26	Standards for Indoor Pesticide Applications and Notification for All Occupied Buildings Except K–12 Schools	Establishes procedures and standards for applicators applying pesticides inside occupied private and public buildings other than K–12 schools that are covered by Chapter 27. This chapter also sets forth the requirements for notification about pending pesticide applications to residents of rented space, employees of agencies, businesses and institutions, and parents or guardians of children in licensed child care facilities and nursery schools.
Ch. 27 Current New [provisionally adopted 12/23/12, subject to legislative authorization]	Standards for Pesticide Application and Public Notification in Schools	Establishes procedures and standards for applying pesticides in school buildings and on school grounds. This chapter also sets forth the requirements for notifying school staff, students, visitors and parents about pending pesticide applications.
Ch. 28	Notification Provisions for Outdoor Pesticide Applications	Establishes procedures and standards for informing interested members of the public about outdoor pesticide applications in their vicinity. This chapter sets forth the requirements for requesting notification about pesticide applications, for posting property on which certain commercial pesticide applications have occurred and also establishes the Maine Pesticide Notification Registry structure and fees.
Ch. 29	Standards for Water Quality Protection	Establishes standards for protecting surface water. This chapter establishes a fifty-foot setback from surface water for mixing and loading of pesticides, sets forth requirements for securing containers on sprayers and cleaning up spills occurring within the setback zone, establishes restrictions on pesticide applications to control browntail moths near marine waters and requires an untreated 25-foot buffer zone for outdoor terrestrial broadcast pesticide applications near waters of the State.
Ch. 31	Certification and Licensing Provisions/Commercial Applicators	Describes the requirements for certification and licensing of commercial applicators.
Ch. 32	Certification and Licensing Provisions/Private Applicator	Describes the requirements for certification and licensing of private applicators.
Ch. 33	Certification & Licensing Provisions/Private Applicators of General Use Pesticides (Agricultural Basic License)	Describes the requirements for certification and licensing of private applicators using general-use pesticides to produce plants or plant products intended for human consumption as food, where the person applying the pesticides or the employer of the person applying the pesticides derives $1,000 or more in annual gross income from the sale of those commodities.
Ch. 34	Certification and Licensing Provisions/Dealers	Describes the requirements for certification and licensing of pesticide dealers.
Ch. 35	Certification and Licensing Provisions/Spray Contracting Firms	Describes the requirements for certification and licensing of spray contracting firms.
Ch. 36	Certification and Licensing Provisions/Monitors and Spotters for Forest Insect Aerial Spray Program	Describes the requirements for certification and licensing of monitors and spotters for major forest insect aerial spray programs.
Ch. 40	Restricted and Limited-Use Pesticides	Lists the pesticides classified by the Board as restricted use or limited use and describes procedures governing their sale and use.
Ch. 41	Special Restrictions on Pesticide Use	Describes special limitations placed upon the use of (1) aldicarb (Temik 15G) in proximity to potable water bodies; (2) trichlorfon (Dylox, Proxol); (3) hexazinone (Velpar, Pronone), (4) aquatic herbicides in the State of Maine and (5) plant-incorporated protectants.
Ch. 50	Record Keeping and Reporting Requirements	Describes the types of records and reports which commercial applicators, commercial agricultural producers, limited/restricted use pesticide dealers, spray contracting firms and monitors must maintain and submit to the Board.
Ch. 51	Notice of Aerial Pesticide Applications	Describes the notification requirements for persons contracting aerial pesticide applications to control forest, ornamental plant, right-of-way, biting fly and public health pests.
Ch. 60	Designation of Critical Pesticide Control Areas	Establishes criteria which the Board will use in deciding if an area should be designated as a critical pesticide control area. In addition, these regulations specify the procedures parties must follow in requesting such a designation. These regulations also define the locations that have been designated as critical areas by the Board.
Ch. 70	Adjudicatory Proceedings	Describes procedures the Board must follow in conducting hearings concerned with pesticide certification, licenses and permits.
Ch. 80	Advisory Rulings	Describes the procedures any interested person must follow in requesting an advisory ruling to determine if the Board's Statute and rules apply to his situation.
Ch. 90	Complaints	Describes the procedure a person must follow in bringing a complaint to the Board and outlines the steps the Board may take in response.