§ 22 §1471-M — Powers of board

Maine § 22 §1471-M

• Jurisdiction: Maine
• Title 22: HEALTH AND WELFARE
• Part 3: PUBLIC HEALTH
• Ch. 258-A: BOARD OF PESTICIDES CONTROL

Text

1.
Establishment of categories and standards.
The board shall, by regulation promulgated in conformity with Title 5, chapter 375, subchapter II:
2.
Designation of critical areas; cooperation; promulgation of rules and regulations.
The board may:
3.
Hazard communication and community right to know.
The board shall assist the Director of the Bureau of Labor Standards in providing education and training to aid agricultural employers in complying with the federal Occupational Safety and Health Administration requirements for hazard communication and shall assist the responsible state agencies in providing education and training to aid agricultural employers in complying with the federal requirements for emergency and hazardous chemical inventory forms and community right-to-know reporting.
4.
Designation of critical areas.
The board may designate critical areas which shall include, but not be limited to, areas where pesticide use would jeopardize endangered species or critical wildlife habitat, present an unreasonable threat to quality of the water supply, be contrary to a master plan for the area where such area is held or managed by an agency of the State or Federal Government, or would otherwise result in unreasonable adverse effects on the public health, welfare or the environment of the area. The designation of a critical area may prohibit pesticide use or may include such limitations on such use as the board deems appropriate. The proceedings to designate a critical area under this section shall conform to Title 5, chapter 375, subchapter II.
5.
Disclosure of rights.
When issuing a license, the board shall provide to each licensee a written statement outlining the enforcement process and the process of negotiating agreements in lieu of court action that may occur in the event enforcement action is pursued. The Department of the Attorney General and the Department of Agriculture, Conservation and Forestry shall assist the board in developing an appropriate written statement. The board shall make this information available to all existing licensees within 30 days of the effective date of this section.
6.
Notification.
Whenever the board or its staff investigates a complaint alleging a violation of rules adopted pursuant to Title 7, section 606, subsection 2, paragraph G, the staff shall make all reasonable efforts to notify the alleged violator, if identity is known, prior to collecting samples.
7.
Data collection; report.
The board shall implement a system of record keeping, reporting, data collection and analysis that provides information on the quantity of product and brand names of pesticides sold. The board, in cooperation with the University of Maine Cooperative Extension Service, shall study ways to improve pesticide information data bases and to optimize the useful analysis of reported information.

Legislative History

PL 1975, c. 397, §2 (NEW). PL 1977, c. 694, §§343,344 (AMD). PL 1981, c. 374, §§8,9 (AMD). PL 1981, c. 470, §§A68,A69 (AMD). PL 1983, c. 568, §2 (AMD). PL 1983, c. 819, §§A51-A53 (AMD). PL 1987, c. 660, §1 (AMD). PL 1987, c. 702, §§3-5 (AMD). PL 1989, c. 502, §A67 (AMD). PL 1989, c. 841, §9 (AMD). PL 1997, c. 389, §1 (AMD). PL 1999, c. 57, §B2 (AMD). PL 1999, c. 724, §1 (AMD). PL 2001, c. 355, §1 (AMD). PL 2011, c. 169, §3 (AMD). PL 2011, c. 657, Pt. W, §5 (REV). PL 2015, c. 58, §§9-12 (AMD).