1. A. The following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Application” means the spreading of pesticides, by contract or otherwise, for any person owning or renting property.
   2. (2) “Alert” means a characteristic change in a dog’s behavior in response to the odor of a pest as interpreted by the dog’s handler.
   3. (3) “Canine scent pest detection team” or “Team” means a human and a dog that train and work together as a unit to detect a target pest.
   4. (4) “Certified applicator” means a person who is certified by the Secretary under this chapter.
   5. (5) “Customer” means a person who has entered into a contract with a licensee for pest control and includes the owner of property on which a licensee has applied a pesticide.
   6. (6) “Department” means the Maryland Department of Agriculture.
   7. (7) “Device” means an instrument or mechanical contrivance intended to trap, locate, destroy, control, repel, or mitigate pests.
   8. (8) “Distractor” means a non-target odor source placed within a dog’s search area.
   9. (9) “EPA” means United States Environmental Protection Agency.
   10. (10) “Extract” means an odor extracted from a target pest for the dog to detect.
   11. (11) “Hide” means a container that allows free movement of air containing between 5 and 20 live target pests or viable eggs.
   12. (12) “Label” means the written, printed, or graphic matter on, or attached to, the pesticide or device or any of its containers or wrappers.

   13. (13) “Labeling” means all written, printed, or graphic matter:

       1. (a) Accompanying the pesticide or device at any time; or

       2. (b) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the:

          1. (i) Environmental Protection Agency;
          2. (ii) United States Departments of Agriculture, Interior, and Health, Education, and Welfare;
          3. (iii) State experiment stations;
          4. (iv) State agricultural colleges; and
          5. (v) Other similar federal or State institutions or agencies authorized by law to conduct research in the field of pesticides.
   14. (14) “Nonbulk pesticide” means any liquid or nonliquid pesticide distributed, sold, offered for sale, packaged, or repackaged in containers of less than 56 gallons liquid or 100 pounds net dry weight.
   15. (15) “Person” means an individual, corporation, partnership, association, firm, or other business entity.
   16. (16) “Pest” means an insect, snail, slug, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganisms, on or in living man or any other living animal) which normally is considered to be a pest or which the Secretary declares to be a pest.
   17. (17) “Pest control” means engaging in, or offering to engage in, recommending, advertising, soliciting the use of, supervising the use of, or using, a pesticide or device for the identification, control, eradication, mitigation, detection, inspection, or prevention of a pest in, on, or around any house, building, water, air, land, plant, structure, or animal.
   18. (18) “Pest control applicator” means a person engaged in the business of pest control, including, except as provided by the Secretary, a person who applies pesticides on any premises where the public is commonly invited for the sale of goods or services.

   19. (19) “Pest control consultant” means a person who engages in the business of:

       1. (a) Offering or supplying technical advice or supervision;
       2. (b) Inspecting for or identifying pests; or
       3. (c) Recommending the use of a specific pesticide for the purpose of controlling a pest in or on water, air, land, plants, structures, or animals.

   20. (20) “Pesticide” means any substance or mixture of substances intended for:

       1. (a) Preventing, destroying, repelling, or mitigating any pest;
       2. (b) Use as a plant regulator, defoliant, or desiccant; or
       3. (c) Use as a spray adjuvant such as a wetting agent or adhesive.
   21. (21) “Pesticide business license” means a license issued by the Secretary to any business according to this chapter.
   22. (22) “Place of business” means any location from which pest control is conducted.
   23. (23) “Private applicator” means a person who uses a restricted use pesticide for the purpose of producing an agricultural commodity on property owned or rented by the applicator or applicator's employer.
   24. (24) “Pseudo-scent” means a man-made compound that mimics the target pest odor.
   25. (25) “Public agency applicator” means a person employed by a unit of federal, State, county or local government or any training institution which is engaged in pest control.
   26. (26) “Registered employee” means an employee of a firm or public agency engaged in pest control.
   27. (27) “Restricted use pesticide” means a pesticide so classified by Agriculture Article, Title 5, Annotated Code of Maryland, the federal government, or the Maryland Secretary of Agriculture.
   28. (28) “Secretary” means the Secretary of Agriculture or the Secretary’s designee.

   29. (29) “Supervision” means, unless otherwise provided by federal or State labeling, the act or process whereby the application of a pesticide is made by a competent person acting under the instructions and control of a certified applicator who is:

       1. (a) Responsible for actions of that person; and
       2. (b) Available when needed, though the certified applicator may not be physically present at the time and place the pesticide is applied.

Authority: Agriculture Article, §§2-103, 5-104, 5-105, 5-106, 5-204, 5-207, and 5-210.2, Annotated Code of Maryland; Ch.598, §11, Acts of 2018

Effective date: March 1, 1970

Chapter revised effective November 10, 1976 (3:23 Md. R. 1304)

Chapter revised effective December 2, 1985 (12:24 Md. R. 2354)

Regulation .01B amended effective January 14, 1988 (15:1 Md. R. 20)

Regulation .02B amended effective January 14, 1988 (15:1 Md. R. 20)

Regulation .02D amended effective July 1, 1987 (14:4 Md. R. 421)

Regulation .04A amended as an emergency provision effective December 2, 1985 (12:25 Md. R. 2469); emergency status expired February 2, 1986; adopted permanently effective March 24, 1985 (13:6 Md. R. 684)

Regulation .04A amended effective July 25, 1988 (15:15 Md. R. 1810)

Regulation .05E amended effective November 30, 1987 (14:24 Md. R. 2556)

Regulation .08 amended effective July 25, 1988 (15:15 Md. R. 1810)

Regulation .09 amended effective November 30, 1987 (14:24 Md. R. 2556)

Regulation .09B amended effective September 14, 1992 (19:18 Md. R. 1658)

Regulation .10A amended effective July 1, 1987 (14:4 Md. R. 421)

Regulations .10 and .11 recodified to Regulations .11 and .12 and new Regulation .10 adopted effective January 14, 1988 (15:1 Md. R. 20)

Regulations .10—.12 recodified to Regulations .13—.15 and new Regulations .10—.12 adopted effective July 25, 1988 (15:15 Md. R. 1810)

Regulation .14A amended effective July 25, 1988 (15:15 Md. R. 1811)

Regulation .16 adopted effective July 25, 1988 (15:15 Md. R. 1811)

Chapter revised effective October 25, 1993 (20:21 Md. R. 1657)

Regulation .01B amended effective July 8, 2013 (40:13 Md. R. 1076)

Regulation .02B amended effective February 14, 1994 (21:3 Md. R. 194); April 7, 2008 (35:7 Md. R. 751)

Regulation .02D adopted effective March 27, 2017 (44:6 Md. R. 328)

Regulation .02D amended as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); amended permanently effective October 8, 2018 (45:20 Md. R. 919)

Regulation .02E repealed as an emergency provision effective July 6, 2018 (45:15 Md. R. 723); repealed permanently effective October 8, 2018 (45:20 Md. R. 919)

Regulation .02E adopted as an emergency provision effective March 27, 2020 (47:9 Md. R. 475); adopted permanently effective June 15, 2020 (Md. R. 597)

Regulation .03C, F amended effective April 10, 2006 (33:7 Md. R. 674)

Regulation .04A amended effective April 10, 2006 (33:7 Md. R. 674)

Regulation .04A amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)

Regulation .06E repealed effective August 18, 2003 (30:16 Md. R. 1076)

Regulation .07C amended effective April 10, 2006 (33:7 Md. R. 674)

Regulation .08A amended effective April 10, 2006 (33:7 Md. R. 674); November 16, 2009 (36:23 Md. R. 1818)

Regulation .08B amended effective August 18, 2003 (30:16 Md. R. 1076); April 10, 2006 (33:7 Md. R. 674)

Regulation .08D adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)

Regulation .09D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)

Regulation .10 amended effective April 10, 2006 (33:7 Md. R. 674)

Regulation .10B amended effective August 18, 2003 (30:16 Md. R. 1076)

Regulation .10E adopted as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)

Regulation .12D amended as an emergency provision effective October 1, 2010 (37:23 Md. R. 1608); amended permanently effective January 13, 2011 (38:1 Md. R. 11)

Regulation .14C, D, E adopted effective July 8, 2013 (40:13 Md. R. 1076)

Regulation .17A amended effective November 18, 2019 (46:23 Md. R. 1067)

Regulation .18A amended effective February 14, 1994 (21:3 Md. R. 194); April 10, 2006 (33:7 Md. R. 674)

Regulation .19B amended effective April 10, 2006 (33:7 Md. R. 674)

COMAR 15.05.01 cited in Attorney General Opinion No. 82-008 (February 17, 1982) which upheld the power of the Department of Agriculture to suspend or revoke a pest control operator's business license for failing to make a thorough structural inspection for wood-destroying pests.

COMAR 15.05.01 cited in Attorney General Opinions No. 85-025 (October 28, 1985) and No. 88-006 (February 4, 1988)