Md. Code Regs. 26.13.10.08 – Applicability — Pesticides.

A. Except for pesticides identified in §B of this regulation, or as otherwise specified in §B of this regulation, the requirements of Regulations .06—.25 of this chapter apply to persons managing pesticides, as defined in COMAR 26.13.01.03B, meeting the following conditions:
1. (1) Recalled pesticides that are stocks of:
  1. (a) A suspended and canceled pesticide that is part of a voluntary or mandatory recall under §19(b) of FIFRA, including, but not limited to, those owned by the registrant responsible for conducting the recall; or
  2. (b) A suspended or canceled pesticide, or a pesticide that is not in compliance with FIFRA, that is part of a voluntary recall by the registrant; and
2. (2) Stocks of unused pesticide products, other than those identified in §A(1) of this regulation, that are collected and managed as part of a waste pesticide collection program.
B. Except as otherwise noted in this section, the requirements of Regulations .06—.25 of this chapter do not apply to management of the following pesticides:
1. (1) Recalled pesticides described in §A(1) of this regulation, and unused pesticide products described in §A(2) of this regulation, that are managed by farmers in compliance with COMAR 26.13.03.07-4, which addresses disposal of pesticides by a farmer on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label;
2. (2) Except for a pesticide in an aerosol can as defined in COMAR 26.13.01.03, pesticides not meeting the conditions of §A of this regulation, which shall instead be managed in compliance with the hazardous waste regulations in COMAR 26.13.01—26.13.10.05;
3. (3) A pesticide in an aerosol can as defined in COMAR 26.13.01.03 that does not meet the conditions of §A of this regulation, which shall be managed either:
  1. (a) As aerosol can universal waste in compliance with:
    1. (i) Regulation .16-1 of this chapter or Regulation .20F of this chapter; and
    2. (ii) All other applicable requirements of Regulations .06—.25 of this chapter; or
  2. (b) In compliance with the hazardous waste regulations in COMAR 26.13.01—26.13.10.05
4. (4) Pesticides that are not wastes under COMAR 26.13.02, including pesticides that:
  1. (a) Do not meet the criteria for waste generation in §C of this regulation; or
  2. (b) Are not wastes as described in §D of this regulation; and
5. (5) Pesticides that do not meet the definition of hazardous waste in COMAR 26.13.02.03.
C. Determining When a Pesticide Becomes a Waste.
1. (1) A recalled pesticide described in §A(1) of this regulation becomes a waste on the first date on which both of the following conditions apply:
  1. (a) The generator of the recalled pesticide agrees to participate in the recall; and
  2. (b) The person conducting the recall decides to discard the pesticide, with “discard” being defined by the criteria in COMAR 26.13.02.02A(2).
2. (2) An unused pesticide product described in §A(2) of this regulation becomes a waste on the date that the generator decides to discard it.
D. Pesticides That Are Not Wastes.
1. (1) Recalled Pesticides.
  1. (a) Recalled pesticides described in §A(1) of this regulation are not wastes, if the person conducting the recall:
    1. (i) Has not made a decision to discard the pesticide, with “discard” being defined by the criteria of COMAR 26.13.02.02A(2); or
    2. (ii) Has made a decision to use a management option that, under COMAR 26.13.02.02, 40 CFR §261.2, or an equivalent regulation in another state, does not cause the pesticide to be a solid waste.
  2. (b) Until a decision to discard a pesticide is made in accordance with §D(1)(a)(i) of this regulation, the pesticide:
    1. (i) Is not a solid waste and therefore, is not a hazardous waste subject to hazardous waste requirements, including the standards for universal waste management in Regulations .06—.24 of this chapter; and
    2. (ii) Remains subject to the requirements of FIFRA.
  3. (c) If a decision is made to manage a pesticide in a manner that does not cause the pesticide to be a solid waste, in accordance with §D(1)(a)(ii) of this regulation, the pesticide:
    1. (i) Is not a hazardous waste and is not subject to hazardous waste requirements, including the standards for universal waste management in Regulations .06—.24 of this chapter; and
    2. (ii) Remains subject to the requirements of FIFRA, even if it is to be exported to a foreign destination for use or reuse.
2. (2) Unused Pesticide Products.
  1. (a) An unused pesticide product described in §A(2) of this regulation is not a waste if the generator of the unused pesticide product has not decided to discard it, with “discard” being defined by the criteria of COMAR 26.13.02.02A(2).
  2. (b) The unused pesticide products described in §D(2)(a) of this regulation remain subject to the requirements of FIFRA.

Authority: Environment Article, §6-905.3 and Title 7, Subtitle 2, Annotated Code of Maryland

Effective date: April 18, 1988 (15:8 Md. R. 1009)

Chapter recodified from COMAR 10.51.11 to 26.13.10

Regulation .01A, C amended effective May 24, 1993 (20:10 Md. R. 853)

Regulation .01A, D amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876)

Regulation .01C, D amended effective October 16, 2000 (27:20 Md. R. 1843)

Regulation .02A amended effective December 23, 1991 (18:25 Md. R. 2759); October 16, 2000 (27:20 Md. R. 1843); November 1, 2002 (29:21 Md. R. 1647)

Regulation .02E, F amended effective May 3, 2021 (48:9 Md. R. 359)

Regulation .03A, B amended effective November 1, 2002 (29:21 Md. R. 1647)

Regulation .03B, D amended effective October 16, 2000 (27:20 Md. R. 1843); January 13, 2022 (49:1 Md. R. 14)

Regulation .04 amended effective November 1, 2002 (29:21 Md. R. 1647); January 13, 2022 (49:1 Md. R. 14)

Regulation .04B, C amended effective October 16, 2000 (27:20 Md. R. 1843)

Regulation .04J amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .05 adopted effective September 7, 1998 (25:18 Md. R. 1438)

Regulations .06—.25 adopted effective November 1, 2002 (29:21 Md. R. 1647)

Regulation .06B amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876)

Regulation .08A, B amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .09 amended effective May 1, 2008 (35:8 Md. R. 809)

Regulation .09-1 adopted effective October 1, 2025 (52:17 Md. R. 876)

Regulation .10A amended effective May 3, 2021 (48:9 Md. R. 359)

Regulation .11C amended effective January 18, 2016 (43:1 Md. R. 14)

Regulation .14 amended effective May 1, 2008 (35:8 Md. R. 809)

Regulation .14B amended effective May 3, 2021 (48:9 Md. R. 359); October 1, 2025 (52:17 Md. R. 876)

Regulation .16-1 adopted effective October 1, 2025 (52:17 Md. R. 876)

Regulation .17A amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876)

Regulation .18C amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .19C amended effective May 1, 2008 (35:8 Md. R. 809); October 1, 2025 (52:17 Md. R. 876)

Regulation .20C amended effective May 1, 2008 (35:8 Md. R. 809)

Regulation .20F adopted effective October 1, 2025 (52:17 Md. R. 876)

Regulation .21F amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .22G amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .23C amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .24 amended effective January 13, 2022 (49:1 Md. R. 14)

Regulation .25A amended effective October 1, 2025 (52:17 Md. R. 876)

Regulation .25B amended effective May 3, 2021 (48:9 Md. R. 359)

Regulation .25C adopted effective October 1, 2025 (52:17 Md. R. 876)

Regulation .26 adopted effective January 1, 2007 (33:26 Md. R. 1999)

Regulation .27 adopted effective May 1, 2008 (35:8 Md. R. 809)

Regulation .28 adopted effective May 1, 2008 (35:8 Md. R. 809)

Regulation .29 adopted effective May 1, 2008 (35:8 Md. R. 809)

Regulation .30 adopted effective May 1, 2008 (35:8 Md. R. 809)

Regulation .31 adopted effective May 1, 2008 (35:8 Md. R. 809)

Regulations .32—.49 adopted effective October 1, 2025 (52:17 Md. R. 876)