Maine Revised Statutes Title 7 Sec. 606 – Prohibited acts
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1. Unlawful distribution. A person may not distribute in the State any of the following:
A. A pesticide that has not been registered pursuant to the provisions of this subchapter; [PL 2005, c. 620, §5 (AMD).]
B. A pesticide if any of the claims made for it or any of the directions for its use or other labeling differs from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration; a change in the labeling or formulation of a pesticide may be made within a registration period without requiring reregistration of the product if the registration is amended to reflect that change and if that change will not violate any provision of FIFRA or this subchapter; [PL 2005, c. 620, §5 (AMD).]
C. A pesticide unless it is in the registrant‘s or the manufacturer’s unbroken immediate container and there is affixed to the container, and to the outside container or wrapper of the retail package, if there is one, through which the required information on the immediate container cannot be clearly read, a label bearing the information required in this subchapter and rules adopted under this subchapter; [PL 2005, c. 620, §5 (AMD).]
D. A pesticide that has not been colored or discolored pursuant to section 610, subsection 1, paragraph D; [PL 2005, c. 620, §5 (AMD).]
E. A pesticide that is adulterated or misbranded or any device that is misbranded; [PL 2021, c. 105, §1 (AMD).]
F. A pesticide in containers that are unsafe due to damage; [PL 2021, c. 673, §4 (AMD).]
G. Beginning January 1, 2022, a pesticide containing chlorpyrifos as an active ingredient; [PL 2021, c. 673, §4 (AMD).]
H. A pesticide that has been contaminated by perfluoroalkyl and polyfluoroalkyl substances; or [PL 2021, c. 673, §4 (NEW).]
I. Beginning January 1, 2030, a pesticide that contains intentionally added PFAS that may not be sold or distributed pursuant to Title 38, section 1614, subsection 5, paragraph D. [PL 2021, c. 673, §4 (NEW).]
[PL 2021, c. 673, §4 (AMD).]
Terms Used In Maine Revised Statutes Title 7 Sec. 606
- Active ingredient: means any ingredient that will prevent, destroy, repel, control or mitigate pests or that will act as a plant regulator, defoliant or desiccant. See Maine Revised Statutes Title 7 Sec. 604
- Beneficial insects: means those insects that, during their life cycle, are effective pollinators of plants, are parasites or predators of pests or are otherwise beneficial. See Maine Revised Statutes Title 7 Sec. 604
- Device: means any instrument or contrivance, other than a firearm, that is intended for trapping, destroying, repelling or mitigating any pest or any other form of plant or animal life, other than a human being and other than a bacterium, virus or other microorganism on or in a living human being or other living animal. See Maine Revised Statutes Title 7 Sec. 604
- 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 7 Sec. 604
- Environment: includes water, air and land and all plants and human beings and other animals living therein and the interrelationships that exist among these. See Maine Revised Statutes Title 7 Sec. 604
- FIFRA: means the Federal Insecticide, Fungicide and Rodenticide Act. See Maine Revised Statutes Title 7 Sec. 604
- Label: means the written, printed or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers. See Maine Revised Statutes Title 7 Sec. 604
- Labeling: means the label and all other written, printed or graphic matter:
A. See Maine Revised Statutes Title 7 Sec. 604Land: means all land and water areas, including airspace, and all plants, animals, structures, buildings, contrivances and machinery appurtenant thereto or situated thereon, fixed or mobile, including any used for transportation. See Maine Revised Statutes Title 7 Sec. 604 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 Person: means any individual, partnership, association, fiduciary, corporation or any organized group of persons whether incorporated or not. See Maine Revised Statutes Title 7 Sec. 604 Pesticide: includes a highly toxic pesticide. See Maine Revised Statutes Title 7 Sec. 604 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Registrant: means a person who has registered any pesticide pursuant to the provisions of this subchapter. See Maine Revised Statutes Title 7 Sec. 604 Registration: includes reregistration. See Maine Revised Statutes Title 7 Sec. 604 Subpoena: A command to a witness to appear and give testimony. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Wildlife: means all living things that are neither human, domesticated nor, as defined in this subchapter, pests, including but not limited to mammals, birds and aquatic life. See Maine Revised Statutes Title 7 Sec. 604
2. Unlawful alteration, misuse, divulging of formulas, transportation, disposal and noncompliance. A person may not:
A. Detach, alter, deface or destroy, wholly or in part, any label or labeling provided for in this subchapter or rules adopted under this subchapter; [PL 2005, c. 620, §5 (AMD).]
A-1. Add any substance to or take any substance from a pesticide in a manner that may defeat the purpose of this subchapter or rules adopted under this subchapter; [PL 2005, c. 620, §5 (NEW).]
B. Use or cause to be used any pesticide in a manner inconsistent with its labeling or with rules of the board, if those rules further restrict the uses provided on the labeling; [PL 2005, c. 620, §5 (AMD).]
C. Use for that person’s own advantage or reveal, other than to the board or proper officials or employees of the state or federal executive agencies, to the courts of this State or of the United States in response to a subpoena, to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas of products acquired by authority of section 607 or any information judged by the board to contain or relate to trade secrets or commercial or financial information obtained by authority of this subchapter and marked as privileged or confidential by the registrant; [PL 2005, c. 620, §5 (AMD).]
D. Handle, transport, store, display or distribute pesticides in such a manner as to endanger human beings or their environment or to endanger food, feed or any other products that may be transported, stored, displayed or distributed with such pesticides; [PL 2005, c. 620, §5 (AMD).]
E. Dispose of, discard or store any pesticides or pesticide containers in such a manner as may cause injury to humans, vegetation, crops, livestock, wildlife or beneficial insects or pollute any water supply or waterway; [PL 2005, c. 620, §5 (AMD).]
F. Refuse or otherwise fail to comply with the provisions of this subchapter, the rules adopted under this subchapter or any lawful order of the board; [PL 2021, c. 673, §5 (AMD).]
G. Apply pesticides in a manner inconsistent with rules for pesticide application adopted by the board; or [PL 2021, c. 673, §5 (AMD).]
H. Use or cause to be used any pesticide container inconsistent with rules for pesticide containers adopted by the board. [PL 2021, c. 673, §5 (NEW).]
[PL 2021, c. 673, §5 (AMD).]
3. Unlawful use. A person may not apply glyphosate or dicamba within 75 feet of school grounds. This subsection does not apply to residential property or land used for commercial farming.
For purposes of this subsection, unless the context otherwise indicates, the following terms have the following meanings:
A. “Commercial farming” has the same meaning as in section 52, subsection 3; [PL 2021, c. 197, §1 (NEW).]
B. “Residential property” means real property located in this State that is used for residential dwelling purposes; [PL 2021, c. 197, §1 (NEW).]
C. “School” means any public, private or tribally funded elementary school as defined in Title 20?A, section 1, subsection 10, secondary school as defined in Title 20?A, section 1, subsection 32 or a nursery school that is part of an elementary or secondary school; and [PL 2021, c. 197, §1 (NEW).]
D. “School grounds” means:
(1) Land associated with a school building including playgrounds and athletic fields used by students or staff of a school. “School grounds” does not include land used for a school farm; and
(2) Any other outdoor area used by students or staff including property owned by a municipality or a private entity that is regularly used for school activities by students and staff but not including land used primarily for nonschool activities, such as golf courses, farms and museums. [PL 2021, c. 197, §1 (NEW).]
[PL 2021, c. 197, §1 (NEW).]
SECTION HISTORY
PL 1975, c. 382, §3 (NEW). PL 1983, c. 558, §§1,2 (AMD). PL 1983, c. 761, §§1,2 (AMD). PL 1985, c. 506, §A6 (AMD). PL 1989, c. 878, §§E3,4 (AMD). PL 2005, c. 620, §5 (AMD). PL 2021, c. 105, §§1-3 (AMD). PL 2021, c. 197, §1 (AMD). PL 2021, c. 673, §§4, 5 (AMD).