1. A. During the school year, each middle school or high school shall notify each parent or guardian and staff member on the pesticide notification list, as provided in Regulation .04B of this chapter:

   1. (1) At least 24 hours before a pesticide is applied in a school building or on school grounds; and

   2. (2) For emergency pest control:

      1. (a) Within 24 hours after a pesticide is applied, or
      2. (b) On the next school day, as provided in Regulation .09 of this chapter.

2. B. The following information shall be provided in the notification required by §A of this regulation:

   1. (1) Common name of the pesticide applied;
   2. (2) Location of the application;
   3. (3) Date and time of the application;
   4. (4) The following language: “The Office of Pesticide Programs of the United States Environmental Protection Agency has stated: `Where possible, persons who potentially are more sensitive, such as pregnant women and infants (less than 2 years old), should avoid any unnecessary pesticide exposure'”;
   5. (5) A brief description, approved by the Department, of potential adverse effects based upon the material safety data sheet of the pesticide applied; and
   6. (6) Reason for the emergency application, if applicable.

3. C. The school may provide prior notification by:

   1. (1) A written notice sent home with the student or provided to the staff member;
   2. (2) A telephone call;
   3. (3) Direct contact; or
   4. (4) A written notice mailed at least 3 days before the application.
4. D. For application on school grounds, the notice of the planned date and time of application may specify that weather conditions or other extenuating circumstances may cause the actual date of application to be postponed to a later date or dates.
5. E. If the actual date of application is more than 14 days later than the planned date provided in the notice, notice of the application required under this regulation shall be reissued.

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)