1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Bait” means an insecticide or rodenticide mixed with a food material that attracts a pest.
   2. (2) “Bait station” means a container enclosing an insecticide or rodenticide bait.

   3. (3) “Contact person” means an individual:

      1. (a) Knowledgeable about integrated pest management; and
      2. (b) Designated by a county board to act as a contact for inquiries about the integrated pest management system.

   4. (4) “Crack and crevice treatment” means the application of small amounts of a pesticide in a building into openings such as those commonly found:

      1. (a) At expansion joints;
      2. (b) Between levels of construction; and
      3. (c) Between equipment and floors.
   5. (5) “Department” means Maryland Department of Agriculture.
   6. (6) “Emergency” means a sudden need to mitigate or eliminate a pest which threatens the health or safety of a student or staff member.

   7. (7) “Integrated pest management” means a managed pest control program in which methods are integrated and used to keep pests from causing economic, health-related, or aesthetic injury through the utilization of site or pest inspections, pest population monitoring, evaluating the need for control, and the use of one or more pest control methods, including sanitation, structural repair, nonchemical methods, and, when nontoxic options are unreasonable or have been exhausted, pesticides, in order to:

      1. (a) Minimize the use of pesticides; and
      2. (b) Minimize the risk to human health and the environment associated with pesticide applications.

   8. (8) Pesticide.

      1. (a) “Pesticide” means a substance or mixture of substances intended for:

         1. (i) Preventing, destroying, repelling, or mitigating a pest;
         2. (ii) Use as a plant regulator, defoliant, or desiccant; or
         3. (iii) Use as a spray adjuvant, such as a wetting agent or adhesive.

      2. (b) “Pesticide” does not include:

         1. (i) An antimicrobial agent, such as a disinfectant, sanitizer, or deodorizer, used for cleaning purposes; or
         2. (ii) A bait station.
   9. (9) “School” means a public school in the public elementary and secondary system of the State.
   10. (10) “School year” means that period during the year defined by each county board of education when public schools are regularly open for students.

   11. (11) Space Spraying.

       1. (a) “Space spraying” means an application of pesticide by discharge into the air throughout an entire room or area by a fogger or aerosol device.
       2. (b) “Space spraying” does not include crack and crevice treatment.

   12. (12) Staff Member.

       1. (a) “Staff member” means an employee of a school system.
       2. (b) “Staff member” includes an administrator, teacher, or other support personnel.

       3. (c) “Staff member” does not include:

          1. (i) A registered employee or pest control applicator certified by the Department; or
          2. (ii) An individual assisting in the application of a pesticide.
   13. (13) “Universal notification” means written notice by a school to all parents, guardians, and staff members.

Authority: Agriculture Article, §§5-204 and 5-208.1, Annotated Code of Maryland

Effective date:

Regulations .01—.10 adopted as an emergency provision effective February 11, 1999 (26:5 Md. R. 388); adopted permanently effective May 3, 1999 (26:9 Md. R. 730)

Regulation .01—.06 and .08—.10 amended as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); amended permanently effective July 24, 2000 (27:14 Md. R. 1343)

Regulation .01 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)

Regulation .02B amended effective December 11, 2003 (30:24 Md. R. 1745)

Regulation .03 amended as an emergency provision effective January 15, 2002 (29:3 Md. R. 214); amended permanently effective April 15, 2002 (29:7 Md. R. 622)

Regulation .03B amended effective January 24, 2011 (38:2 Md. R. 85)

Regulation .11 adopted as an emergency provision effective April 28, 2000 (27:10 Md. R. 963); adopted permanently effective July 24, 2000 (27:14 Md. R. 1343)