1. A. Requirements Pertaining to Employees. To perform fumigation work, an employee of a licensee, permittee, or certificate holder shall:

   1. (1) Be trained in fumigation practices;
   2. (2) Have adequate knowledge of the fumigant; and
   3. (3) Be provided with safety equipment necessary for the employee's protection.

2. B. Notification Requirement.

   1. (1) Soil Fumigation. Before applying a soil fumigant within 300 feet of any residence, the certified applicator shall notify the occupant of the residence at least 24 hours before the application either by telephone, in person, or by written notice delivered to the residence. The notice shall include the following:

      1. (a) Name of the certified applicator in charge and the applicator's telephone number where the applicator can be reached at any time;
      2. (b) Name of fumigant; and
      3. (c) Date and approximate time of fumigation and estimated length of fumigation period.

   2. (2) Structural Fumigation. Before conducting any structural fumigation, the certified applicator shall give written notice to the local fire and health departments. The notice shall include the following:

      1. (a) Pesticide business name, address, telephone number, and license number;
      2. (b) Name of the certified applicator in charge and the applicator's telephone number or numbers where the applicator can be reached at all times;
      3. (c) Name of fumigant;
      4. (d) Location and type of structure; and
      5. (e) Date and approximate time of fumigation and estimated length of fumigation period.

3. C. Posting of Warning Signs. The certified applicator shall post a warning sign on each side of the structure, container, or commodity to be treated. Each sign shall include:

   1. (1) The skull and crossbones;
   2. (2) The name of the fumigant;
   3. (3) A warning statement, such as “keep out”;
   4. (4) The name of the company; and
   5. (5) The name and telephone number of the pest control applicator.
4. D. Posting of Guard. With the exception of commodities fumigated in transit or soil fumigation, the certified applicator shall post a guard on the site during the entire fumigation period. A guard shall remain on duty at the site at all times to prevent unauthorized persons from coming into contact with the fumigant.
5. E. Required Inspection. The certified applicator shall clear a structure or area of all persons before the fumigation. The applicator shall inspect the structure or area before reoccupancy for safe reentry.

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)