Agriculture officials seek statutory changes to align state pesticide‑applicator law with EPA rules

2158779 · January 28, 2025

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Summary

Senate Bill 249 would update Maryland law to reflect EPA requirements for restricted‑use pesticides and state certification plans; MDA said its federal plan was approved and the bill would conform state statute to federal standards while MDA will follow up with Baltimore City on liability questions raised by local officials.

Officials from the Maryland Department of Agriculture told the Education, Energy, and the Environment Committee that Senate Bill 249 updates state pesticide applicator law to conform with a certification plan the department submitted to, and received approval from, the U.S. Environmental Protection Agency.

Rachel Jones of MDA summarized the EPA's 2023 rule on restricted‑use pesticides and the state plan approved in November 2023. Under the plan and the bill, restricted‑use pesticides would be applied by certified commercial or public agency applicators or by certified private applicators (or by non‑certified individuals under the direct supervision of a certified private applicator). Jones said non‑certified applicators will need training or completion of an MDA‑approved program consistent with the federal rule.

MDA Secretary Kevin Attucks emphasized that the change is necessary to conform state law to federal requirements. During the hearing the chair read a letter from Baltimore City expressing concern that the bill "does not allow for the transfer of liability through written consent agreements," a practice used in some municipal programs; the chair asked MDA to follow up with Baltimore on that point. Secretary Attucks agreed the department would reach out and said any change addressing the city's concern would require EPA reapproval of the plan.

MDA requested a favorable report; no formal committee action or recorded vote appears in the hearing transcript.