§ 1471-A Purpose and policy
§ 1471-B Board of Pesticides Control
§ 1471-C Definitions
§ 1471-D Certification and licenses
§ 1471-E Aquatic application, permit required
§ 1471-F Critical areas
§ 1471-G Reports
§ 1471-H Inspection
§ 1471-J Penalties
§ 1471-K Appeal
§ 1471-L Subpoenas
§ 1471-M Powers of board
§ 1471-O Exercise of powers by Board of Pesticides Control
§ 1471-P Storage of illegal and obsolete pesticides
§ 1471-U Municipal ordinances
§ 1471-V Local participation
§ 1471-W General use pesticide dealers
§ 1471-X State policy; public and private initiatives to minimize reliance on pesticides

Terms Used In Maine Revised Statutes > Title 22 > Subtitle 2 > Part 3 > Chapter 258-A - Board of Pesticides Control

  • Adverse underwriting decision: means any of the following actions with respect to consumer insurance transactions involving insurance coverage that is individually underwritten:
A. See Maine Revised Statutes Title 24-A Sec. 2204
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • affiliated: means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by or is under common control with another person. See Maine Revised Statutes Title 24-A Sec. 2204
  • Agricultural commodity: means any plant, or part thereof, or animal or animal product produced by a person, including farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters or other comparable persons, primarily for sale, consumption, propagation or other use by humans or animals. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Aircraft: means any machine or device used or designed for navigation of, or flight in, the air. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Allegation: something that someone says happened.
  • Applicant: means any person who seeks to contract for insurance coverage other than a person seeking group insurance that is not individually underwritten. See Maine Revised Statutes Title 24-A Sec. 2204
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the Board of Pesticides Control as established in section 1471?B. See Maine Revised Statutes Title 22 Sec. 1471-C
  • carrier: means :
    • A. See Maine Revised Statutes Title 24-A Sec. 2204
  • Certified applicator: means any person who is certified pursuant to section 1471?D and authorized to use or supervise the use of any pesticides. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Commercial applicator: means any person, whether or not the person is a private applicator with respect to some uses, who uses or supervises the use of any limited or restricted-use pesticides on any property other than as provided by subsection 22, or who uses general-use pesticides in custom application on such property. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Confidential investigative information: means any information that:
    • A. See Maine Revised Statutes Title 24-A Sec. 2204
  • consumer: means any individual who resides or obtains insurance in this State and:
    • A. See Maine Revised Statutes Title 24-A Sec. 2204
  • Consumer insurance transaction: means an insurance transaction involving insurance primarily for personal, family or household needs rather than business or professional needs. See Maine Revised Statutes Title 24-A Sec. 2204
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Custom application: means an application of a pesticide:
    • A. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • defoliant: means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
  • desiccant: means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Distribute: means to offer for sale, hold for sale, sell, barter, ship, deliver for shipment or receive and, having so received, deliver or offer to deliver pesticides in this State. See Maine Revised Statutes Title 22 Sec. 1471-C
  • federal Affordable Care Act: means the federal Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Public Law 111-152, and any amendments to or regulations or guidance issued under those acts. See Maine Revised Statutes Title 24-A Sec. 14
  • Fiduciary: A trustee, executor, or administrator.
  • FIFRA: means the Federal Insecticide, Fungicide and Rodenticide Act, 7 U. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Fraud: Intentional deception resulting in injury to another.
  • Fungi: means all nonchlorophyll-bearing thallophytes, that is, all nonchlorophyll-bearing plants, of a lower order than mosses and liverworts, including but not limited to rusts, smuts, mildews and molds, except those on or in living humans or other animals or those on or in processed food, beverages or pharmaceuticals. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Fungicide: means any substance or mixture of substances intended for destroying or repelling any fungi or mitigating or preventing damage by any fungi. See Maine Revised Statutes Title 22 Sec. 1471-C
  • General use pesticide: means any pesticide that is required to be registered by the board pursuant to Title 7, chapter 103, subchapter 2?A and that is not a restricted use or limited use pesticide, as defined in this section. See Maine Revised Statutes Title 22 Sec. 1471-C
  • General use pesticide dealer: means any person who distributes general use pesticides. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Ground equipment: means any machine or device, other than aircraft, for use on land or water, designed for, or adaptable to, use in applying pesticides as sprays, dusts, aerosols, fogs, or in other forms. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Health care: includes prescribing, dispensing, furnishing or providing to a patient drugs, biologicals, medical devices, health care equipment and supplies or hospice services and the banking of blood, sperm, organs or any other tissue. See Maine Revised Statutes Title 24-A Sec. 2204
  • Health care facility: means a facility, institution or entity licensed pursuant to Title 22 that offers health care to persons in this State, including a home health care entity and a hospice program, or a pharmacy licensed pursuant to Title 32. See Maine Revised Statutes Title 24-A Sec. 2204
  • Health care information: means information that:
    • A. See Maine Revised Statutes Title 24-A Sec. 2204
  • Health care practitioner: means a person licensed in this State to provide or otherwise lawfully providing health care, and includes a partnership or corporation made up of health care practitioners, or an officer, employee, agent or contractor of a health care practitioner acting in the course and scope of employment, agency or contract related to or supportive of the provision of health care to an individual. See Maine Revised Statutes Title 24-A Sec. 2204
  • Health care provider: means a health care practitioner or health care facility. See Maine Revised Statutes Title 24-A Sec. 2204
  • health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704
  • Herbicides: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Household use pesticide product: means any general use pesticide product that contains no more than 3% active ingredients and that is applied undiluted by homeowners to control pests in and around the family dwelling and associated structures. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Insect: means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising 6-legged, usually winged forms, including but not limited to beetles, bugs, bees, flies and other allied classes of arthropods whose members are wingless and usually have more than 6 legs, including but not limited to mites, ticks, centipedes and wood lice. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Insecticide: means any substance or mixture of substances intended for destroying or repelling any insect, or mitigating or preventing damage by any insects. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Institutional source: means any person or governmental entity that provides information about an individual to a regulated insurance entity or insurance support organization other than:
    • A. See Maine Revised Statutes Title 24-A Sec. 2204
  • Insurance support organization: means any person, other than a regulated insurance entity, health care provider or governmental agency, who regularly engages, in whole or in part, in the practice of assembling or collecting information for the primary purpose of providing the information to carriers, producers or agencies for insurance transactions, including:
    • A. See Maine Revised Statutes Title 24-A Sec. 2204
  • Insurance transaction: means any transaction that entails:
    • A. See Maine Revised Statutes Title 24-A Sec. 2204
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Limited use pesticide: means any pesticide or pesticide use classified for limited use by the board. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Major forest insect aerial spray application: means a project to apply pesticides against a forest insect pest by aerial application over an area containing at least 1,000 acres in the aggregate. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
  • Minor forest insect aerial spray application: means a project to apply pesticides against a forest insect pest by aerial application over an area containing less than 1,000 acres in the aggregate. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72
  • Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72
  • National Association of Insurance Commissioners: means the National Association of Insurance Commissioners or its successor organization of insurance regulators. See Maine Revised Statutes Title 24-A Sec. 15
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, partnership, association, fiduciary, corporation, governmental entity or any organized group of persons whether incorporated or not. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Personal information: includes but is not limited to an individual's name and address and health care information. See Maine Revised Statutes Title 24-A Sec. 2204
  • Personal property: All property that is not real property.
  • pest: means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other micro-organism, except viruses, bacteria or other micro-organisms on or in living humans or other living animals, that the commissioner declares to be a pest. See Maine Revised Statutes Title 22 Sec. 1471-C
  • pesticide: means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Pesticide dealer: means any person who distributes limited or restricted use pesticides. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plant regulator: means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Policyholder: means any person who:
    • A. See Maine Revised Statutes Title 24-A Sec. 2204
  • Pretext interview: means an interview wherein a person, in an attempt to obtain information, performs one or more of the following acts:
    • A. See Maine Revised Statutes Title 24-A Sec. 2204
  • Private applicator: means any person who uses or supervises the use of any pesticide that is classified for restricted or limited use for purposes of producing any agricultural commodity on property owned or rented by the person or the person's employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Private applicator of general use pesticides: means a person who uses or supervises the use of general use pesticides for purposes of producing agricultural commodities on property owned or rented by that person or that person's employer when:
    • A. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Regulated insurance entity: means any person or entity required to be licensed by the superintendent under this Title or Title 24, including without limitation a carrier, producer, producer agency or administrator. See Maine Revised Statutes Title 24-A Sec. 2204
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Residual market: means any special-purpose insurer, association, organization or other entity that provides insurance coverage to persons who are unable to obtain it in the voluntary market. See Maine Revised Statutes Title 24-A Sec. 2204
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restricted use pesticide: means any pesticide or pesticide use classified for use only by or under the direct supervision of a certified applicator by the Administrator of the United States Environmental Protection Agency or by the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Spray contracting firm: means a person, as defined in this section, employed or contracted to conduct a public or private pesticide application. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • under common control with: means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services or otherwise, unless the power is the result of an official position with or a corporate office held by the person. See Maine Revised Statutes Title 24-A Sec. 2204
  • Weed: means any plant which grows where not wanted. See Maine Revised Statutes Title 22 Sec. 1471-C
  • Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72