Md. Code Regs. 15.05.01.17

Current through Register Vol. 51, No. 20, October 4, 2024

Section 15.05.01.17 - List of Pesticide Sensitive Individuals

A. Operations.

(1) This regulation applies to a licensee or permittee in the folio-wing pest control categories:

(a) Category (III) - ornamental or turf, as described in Regulation .08A(3) of this chapter; and

(b) Category (VIII) - public health, including the management of mosquitoes, as described in Regulation .08A(8) of this chapter.

(2) The notification requirements specified in this regulation do not apply to:

(a) The Maryland Department of Agriculture's mosquito control program operated pursuant to Agriculture Article, Title 5, Subtitle 4, Annotated Code of Maryland; or

(b) A county in the State that provides mosquito control services, including, but not limited to, Baltimore County, Calvert County, Caroline County, and Wicomico County.

(3) The Department shall prepare from information provided by an applicant for registration a list of:

(a) Pesticide sensitive individuals who have registered with the Department under §B of this regulation; and

(b) Property owners who are contiguous or adjacent to those registered individuals and who may contract for pest control.

(4) The Department shall distribute:

(a) The list by February 15 of each year to licensees and permittees in the:

(i) Ornamental or turf pest control category; and

(ii) Public Health pest control category; and

(b) An updated list, when determined necessary by the Department.

B. Requirements for Registration.

(1) Upon request, the Department shall register a person:

(a) With a documented pesticide sensitivity, provided that person submits to the Department a current valid certificate from a physician indicating the person's pesticide sensitivity; or

(b) Who submits to the Department a physician's certificate indicating the person should not be exposed to a pesticide because of a current diagnosed condition or ailment.

(2) An applicant for registration shall provide the Department with the name, street address, and telephone number of the applicant and of each contiguous or adjacent property owner.

(3) A person qualifying for registration according to §B(1) of this regulation:

(a) May apply to the Department at any time for registration; and

(b) Shall notify immediately the Department of any address change.

(4) A physician's certificate is needed only for an initial registration.

(5) Registration is free.

(6) Annual renewal of registration shall be on a form provided by the Department.

C. Requirements of Licensee or Permittee. Before making a pesticide application to a property contiguous or adjacent to the property of a registered individual, a licensee or permittee shall notify the person registered with the Department:

(1) By telephone the day before, or the morning of, a planned pesticide application; or

(2) In person, or by a written notice delivered to the residence of the registered individual, before the pesticide is applied to a contiguous or adjacent property.

Md. Code Regs. 15.05.01.17

Regulation .17 amended effective 46:23 Md. R. 1067, eff. 11/18/2019