Agenda Item 1
January 15,2015
Public Hearing
MEMORANDUM
January 13,2015
TO:
FROM:
County Council
Josh Hamlin, Legislative
Attome~
Notice Requirements - Non-Essential
rv7
\
II
SUBJECT:
Public Hearing:
Bill 52-14, Pesticides
Pesticides Prohibitions
Bill 52-14, Pesticides Notice Requirements - Non-Essential Pesticides Prohibitions,
sponsored by then Council Vice President Leventhal and Councilmembers EIrich, Riemer, Floreen,
and Navarro was introduced on October 28. A second public hearing is tentatively scheduled for
February 12, 2015 at 7:30 p.m. A Transportation, Infrastructure, Energy and Environment
Committee worksession is tentatively scheduled March 16, 2015 at 9:30 a.m.
Bill 52-14 would:
(1)
require posting of notice for certain lawn applications ofpesticide;
(2) prohibit the use of certain pesticides on lawns;
(3)
prohibit the use of certain pesticides on certain County-owned property;
(4) require the County to adopt an integrated pest management program for certain
County-owned property; and
(5) generally amend County law regarding pesticides.
Council Vice President Leventhal has explained the purpose of this Bill in his October 22,
2014 memorandum
to
Councilmembers (See © 14-17).
Background
The Regulatory Framework
The regulation of pesticides is the shared responsibility of federal, state, and local
governments. This shared approach, known as "environmental federalism," is consistently
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applied among several federal environmental protection laws,
l
and has evolved largely over the
last 50 years.
At the national level, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA") is
the primary vehicle for pesticide regulation. FIFRA was enacted in 1947, and has evolved from
being primarily a labeling statute
to
become a somewhat more broad regulation.
In
1972,
administration of FIFRA was transferred to the newly created Environmental Protection Agency
("EPA',), which is responsible for classifying pesticides based on a review of the scientific
evidence of their safety and impact on the health of individuals and the environment. FIFRA also
requires EPA to maintain a registry of all but "minimum risk" pesticides.
2
In
addition to the
classification and registry of pesticides, FIFRA provides a uniform national standard for labeling
pesticides. FIFRA does not comprehensively regulate pesticides, however, and does not include
public notice or permit requirements for the use ofpesticides.
Under FIFRA, the states are the primary enforcers ofpesticide use regulations, and FIFRA
expressly authorizes states to enact their own regulatory measures concerning the sale or use of
any federally registered pesticides in the state, provided the state regulation is at least as restrictive
as FIFRA itself. In Maryland, pesticides are regulated by the Maryland Department ofAgriculture,
through the enforcement of Subtitles 1 and 2 of Title 5 of the Agriculture Article ofthe Maryland
Code.
3
Maryland law and regulations generally create a pesticide registration and labeling regime
at the state level, and a licensing program for the application of certain pesticides. Title 5 does not
include any express preemption language, and does not appear to generally regulate pesticides so
comprehensively that preemption can be implied. As a general matter, therefore, the County may
regulate pesticides, at least as restrictive as, and consistent with, federal and State law.
The authority of local governments to regulate pesticides was the subject of significant
litigation in the 1980s, with a County law struck down as preempted by FIFRA.
In
Maryland Pest
Control Assn.
v.
Montgomery County, Maryland,
646 F. Supp. 109
(D.
Md. 1986), the U.S. District
Court held that FIFRA preempted the County's local law imposing pesticide posting and notice
requirements. The Court held that if Congress had wanted to include local governments in the
regulation of pesticides, it would have expressly done so. However, in
Wisconsin Public
Intervenor
v.
Mortier,
111 S. Ct. 2476 (1991), the U.S. Supreme Court held, contrary to the
Maryland Pest Control Assn.
decision, that a unit of local government has the power, under
FIFRA, to regulate pesticides within its own jurisdiction, provided that the local regulation is at
least as restrictive as, and consistent with, FIFRA and any applicable state law. Since
Mortier
was
decided, many states have expressly preempted local jurisdictions from regulating pesticides, but
Maryland is one of seven states which do not preempt local regulation of pesticides.
4
The County
The 1972 Federal Water Pollution Control Act, the 1986 amendments to the Safe Drinking Water Act, the Toxic
Substances Control Act, the Resource Conservation and Recovery Act, and the Oil Pollution Control Act of 1990 all
provide for state and local regulatory roles.
2
Minimum risk pesticides are a special class of pesticides that are not subject to federal registration requirements
because their ingredients, both active and inert, are
demonstrably
safe for the intended use. Information about
EPA's treatment of minimum risk pesticides can be found at:
http://www.epa.govfoppbppdlfbiopesticidesfregtoots/25b/25b-fuq.htm
3
Subtitle 1 is entitled the "Maryland Pesticide Registration and Labeling Law." Subtitle 2 is the "Pesticide
Applicator's Law."
4
http://www.beyondpesticides.org/lawn/activistidocuments/StatePreemption.pdf
l
2
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currently imposes certain notice, storage, handling, and consumer information requirements in
Chapter 33B of the County Code.
Health Concerns and Pesticides
There is growing evidence of harmful effects associated with long-term use of or exposure
to chemical pesticides.
5
While there is not at present a consensus on causation, pesticide exposure
has been linked to the following health problems: birth defects
6;
numerous cancers, including non­
Hodgkins lymphoma
7;
Parkinson's disease and other neurological disorderss; immune system
problems
9;
and male infertility.lo
In
addition to potential links to human health problems,
neonicotinoids, a class of insecticide chemically related to nicotine, have been linked to population
declines in bees, which serve an important function in pollination.
I I
Council Vice President Leventhal has discussed many of the health issues surrounding pesticide
use in his memorandum at
©
14-17.
Laws in Other Jurisdictions
Due to the fact that the vast majority of states have preempted local jurisdictions from
regulating pesticides, there are only two examples of local jurisdictions that have banned pesticide
use on public and private propertyl2: Takoma Park, Maryland
l3 ,
and Ogunquit, Maine.
14
Several
local jurisdictions have enacted legislation or adopted administrative policies related to pesticide
reduction on public property, integrated pest management, and pesticide free parks.
IS
Perhaps the most comprehensive pesticide restriction law in North America took effect in
the Canadian province of Ontario in 2009.
16
The Ontario law contains several classifications of
pesticides, and generally bans the cosmetic use ofover 100 pesticides.
17
Six other provinces, have
followed Ontario in restricting cosmetic use of pesticides.
IS
http://www.nrdc.org/healthJkids/ocar/chap5.asp
6
http://www.webmd.com/baby/news/200903 27/do-pesticides-make-birth-defects-crop-up
7
http://www.cfp.calcontentl531l011704.shOlt
8
http://www.scientificamerican.com/articJe/parkinsons-disease-and-pesticides-whats-the-connectionl
9
http://www.
wri.org/publication/pesticides-and-immune-system
10
http://weedingtech.com/new-study-suggests-exposure-to-roundup-herbicide-could-lead-to-male-infertility-2/
II
http://usnews.nbcnews.com/news/20
12/03/29/1
092 1493-neonicotinoid-pesticides-tied-to-crashing-bee­
populations-2-studies-find
12
http://www .te legraph.co. uklnews/worldnews/l 0959057 IEnd-of-the-perfect-American-Iawn-Campai gners-call-for­
pesticide-ban.html
13
http://www.takomaparkmd.gov/safegrow
14
http://ogunguitconservation.orgiogunquitconservation.orgiPesticideOrdinanceOverview.htm]
15
http://www.beyondpesticides.orgllawn/activistl
16
http://www.davidsuzuki.orgiissuesihealthJscience/pesticideslhighlights-of-ontanos-cosmetic-pesticide-banl
17
https:llwww.ontario.calenvironment-and-energy/pesticides-home-Iawns-and-gardens
18
http://news.gov.mb.calnews/index.html?item=30526
.
5
3
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Bill
52-14
Bill 52-14 includes provisions related to the application of pesticides on County-o'WIled
and private property, and requires the County to adopt an Integrated Pest Management (IPM) plan.
IPM is a method of pest control which minimizes the use of chemical pesticides by focusing on
pest identification, monitoring and assessing pest numbers and damage, and using a combination
of biological, cultural, physical/mechanical and, when necessary, chemical management toolS.
19
Bill 52-14 will:
1) Require the posting of notice when a property O'WIler applies a pesticide to an area of la'WIl
more than 100 square feet, consistent with the notice requirements for when a landscaping
business treats a la'WIl with a pesticide;
2) Require the Executive to designate a list of "non-essential" pesticides including:
• all pesticides classified as "Carcinogenic to Humans" or "Likely to Be Carcinogenic to
Humans" by the U.S. EPA;
• all pesticides classified by the U.S. EPA as "Restricted Use Products;"
• all pesticides classified as "Class 9" pesticides by the Ontario, Canada, Ministry of the
Environment;
• all pesticides classified as "Category 1 Endocrine Disruptors" by the European
Commission; and
• any other pesticides which the Executive determines are not critical to pest
management in the County.
3) Generally prohibit the application of non-essential pesticides to la'WIls, with exceptions for
noxious weed and invasive species control, agriculture and gardens, and golf courses;
4) Require the Executive to conduct a public outreach and education campaign before and
during the implementation ofthe Bill;
5) Generally prohibit the application ofnon-essential and neonicotinoid pesticides to County­
o'WIled property; and
6) Require the County to adopt an Integrated Pest Management program.
Bill 52-14 has an expiration date of January 1, 2019.
This packet contains:
Bi1152-14
Legislative Request Report
Council Vice President Leventhal Memo
F:\LAW\BILLS\l452 Pesticides\Public Hearing Memo.Docx
Circle #
1
13
14
19
http://www.epa.gov/oppOOOO]/factsheets/ipm.htm
4
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Bill No.
52-14
Concerning: Pesticides
Notice
Requirements
Non-essential
Pesticides - Prohibitions
Revised: October 22, 2014
Draft No.
-:-",-9~::---:---::-::--:-:::-:--
_ __
Introduced:
October 28,2014
Expires:
April 28, 2016
Enacted: _ _ _ _ _ _ _ _ __
Executive: ---'-_ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ __
Sunset Date: January 1, 2019
Ch. _ _, Laws of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council Vice President Leventhal and Councilmembers EIrich, Riemer, Floreen, and Navarro
AN
ACT
to:
(l)
require posting of notice for certain lawn applications ofpesticide;
(2) prohibit the use of certain pesticides on lawns;
(3) prohibit the use of certain pesticides on certain County-owned property
(4) require the County to adopt an integrated pest management program for certain County­
owned property; and
(5) generally amend County law regarding pesticides.
By amending
Montgomery County Code
Chapter 33B, Pesticides
Sections 33B-l, 33B-2, 33B-3, 33B-4, 33B-5, 33B-6, and 33B-7
By adding
Montgomery County Code
Chapter 33B, Pesticides
Articles 2, 3, 4, and 5
Sections 33B-8, 33B-9, 33B-1O, 33B-ll, 33B-12, and 33B-13
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act;
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BILL
No. 52-14
1
Sec.
1.
Sections 33B-l, 33B-2, 33B4, 33B-5, 33B-6 and 33B-7 are
2
3
4
5
amended, and Sections 33B-8, 33B-9, 33B-I0, 33B-ll, 33B-12, and 33B-13 are
added as follows:
ARTICLE 1. General Provisions
33B-l. Definitions.
In this [chapter] Chapter:
6
7
8
Agriculture
means the business, science, and art of cultivating and managing
the soil, composting, growing, harvesting, and selling
~
crops and livestock,
and the products of forestry, horticulture and hydroponics; breeding, raising, or
managing livestock, including horses, poultry, fish, game and fur-bearing
animals, dairying, beekeeping and similar activities, and equestrian events and
activities.
9
10
11
12
13
14
Custom applicator
means a person engaged in the business of applying
pesticides.
15
16
Department
means the Department ofEnvironmental Protection.
Director
means Director of the Department of Environmental Protection[,] or
the Director's designee.
17
18
19
Integratedpest management
means
£!
process for managing
~
that:
20
21
ill
ill
uses monitoring to determine pest injury levels;
combines biological, cultural, mechanical, physical, and chemical
tools and other management practices to control pests in
£!
safe,
cost
effective,
and
environmentally
sound
manner that
22
23
24
25
contributes to the protection of public health and sustainability;
ill
uses knowledge about pests, such as infestations, thresholds, life
histories, environmental requirements, and natural control of
pests; and
26
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BILL
No. 52-14
27
28
ill
uses non-chemical pest-control methods and the careful use of
least-toxic chemical methods when non-chemical methods have
been exhausted or are not feasible.
29
30
Larvicide
means
~
pesticide designed to kill larval pests.
Lawn
means an area of land, except agricultural land, that is:
(1 )
[Mostly] mostly covered by grass, other similar herbaceous
plants, shrubs, or trees; and
(2)
[Kept] kept trim by mowing or cutting.
~
31
32
33
34
35
36
Lawn
includes an athletic playing field other than
not include
~
garden.
Neonicotinoid
means
nicotine.
~
golf course.
Lawn
does
37
class of neuro-active pesticides chemically related to
38
39
40
Neonicotinoid includes acetamiprid, clothlanidin, dinotefuran,
imidacloprid, nitenpyram, nithiazine, thiacloprid, and thlamethoxam.
Non-essential pesticide
means
pesticide under Section 33B-4.
Pest
means an insect, snail, slug, rodent, nematode, fungus, weed, or other
fonn of plant or animal life or microorganism (except a microorganism on or
in a living human or animal) that is nonnally considered to be a pest or defmed
as a pest by applicable state regulations.
Pesticide
means a substance or mixture ofsubstances intended or used to:
(1)
(2)
(3)
prevent, destroy, repel, or mitigate any pest;
be used as a plant regulator, defoliant, or desiccant; or
be used as a spray adjuvant, such as a wetting agent or adhesive.
~
pesticide designated as
~
non-essential
41
42
43
44
45
46
47
48
49
50
51
52
However,
pesticide
does not include an antimicrobial agent, such as a
disinfectant, sanitizer, or deodorizer, used for cleaning that is not considered a
pesticide under any federal or state law or regulation.
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BILL
No.
52-14
53
Private lawn application
means the application of
f!
pesticide to
f!
lawn on
property owned
Qy
or leased to the person applying the pesticide.
Private
lawn application
does not include:
54
55
56
57
58
59
ill
ill
ill
applying
f!
pesticide for the purpose of engaging in agriculture;
applying
f!
pesticide around or near the foundation of
f!
building
for purpose of indoor pest control;
applying
f!
pesticide to
f!
golf course or
turf
farm.
60
61
62
Vector
means an animal, insect, or microorganism that carries and transmits an
infectious pathogen into another organism.
[33B-4.] 33B-2. Signs with retail purchase
of pesticide.
63
64
A person who sells at retail a pesticide or material that contains a pesticide
must make available to a person who buys the pesticide or material that contains a
pesticide:
(a)
[Notice] notice signs and supporting information that are approved by
the [department] Department; and
(b)
[The] the product label or other information that the federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) [, 7 U.S.C. 136 et seq.,]
requires for sale ofthe pesticide.
The Department must enforce this Section and must annually inspect each
person who sells at retail
~
pesticide or material that contains
f!
pesticide.
[33B-5] 33B-3. Storage and handling of pesticides.
65
66
67
68
69
70
71
72
73
74
75
76
77
*
[33B-6] 33B-4. Regulations.
*
*
(a)
The [County] Executive must adopt regulations to carry out this Chapter
under method (2).
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BILL
No. 52-14
78
(b)
The Executive must include in the regulations adopted under this
[section] Section the minimum size or quantity of pesticide subject to
[section 33B-4] Section 33B-2.
79
80
81
82
83
84
85
ill
The Executive must include in the regulations adopted under this
Section .f! list of non-essential pesticides.
pesticides must include:
The list of non-essential
ill
all pesticides classified as "Carcinogenic to Humans" or "Likely
to Be Carcinogenic to Humans"
Qy
the U.S. Environmental
Protection Agency;
86
87
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ill
ill
ill
ill
@
all pesticides classified
Qy
the U.S. Environmental Protection
Agency as.f! "Restricted Use Product";
all pesticides classified as .f! "Class 9" pesticide
Qy
the Ontario,
Canada, Ministry ofthe Environment;
all pesticides classified as .f! "Category
1
Endocrine Disruptor"
Qy
the European Commission; and
any other pesticides which the Executive determines are not
critical to pest management in the County.
89
90
91
92
93
94
95
The Executive must include in the regulations adopted under this
Section .f! list of invasive species that may be detrimental to the
environment in the County.
96
97
98
99
100
101
102
103
104
W
The Executive must review and update the lists of non-essential
pesticides and invasive species designated under subsections
(£2
and
@
Qy
July
1
of each year.
[33B-7] 33B-5. Penalty for violating chapter.
(a)
(b)
Any violation ofthis Chapter is a class C violation.
Each day a violation continues is a separate offense.
ARTICLE 2. Notice Requirements.
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BILL
No.
52-14
105
106
107
108
[33B-2] 33B-6. Notice about pesticides to customer.
(a)
In this [section] Section:
(1)
Customer means a person who makes a contract with a custom
applicator to have the custom applicator apply a pesticide to a
lawn.
(2)
New customer includes a customer who renews a contract with a
custom applicator.
(b)
A custom applicator must give to a new customer:
(1)
[Before] before application, a list of:
[a.]CA)
used;
[The] the trade name of each pesticide that might be
109
110
111
112
113
114
115
116
[b.]@
[The] the generic name of each pesticide that might
117
118
119
be used; and
[c.l{Q
[Specific] specific customer safety precautions for
each pesticide that might be used; and
(2)
[After] after application, a list of:
[a.] {A)
and
[b.](ID
[The] the generic name of each pesticide actually
[The] the trade name of each pesticide actually used;
120
121
122
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124
used; and
125
126
(3)
[A]
~
written notice about pesticides prepared by the [department]
Department under subsection (c) [ofthis section].
(c)
The [department] Department must prepare, keep current, and provide
to a custom applicator a written notice about pesticides for the custom
applicator to give to a customer under subsection (b) [of this section].
(d)
The notice prepared by the [department] Department under subsection
(c) [of this section] must include:
f:\law\bills\1452 pesticides\bill9.doc
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BILL
No. 52-14
132
133
134
135
136
137
138
139
(1)
[Government] government agency phone numbers to call to:
[a.]®
[b.]®
[Make] make a consumer complaint;
[Receive]
receIve
technical
information
on
pesticides; and
[c.] (Q
[Get] get assistance
III
the case of a medical
emergency;
(2)
[A]
~
list of general safety precautions a customer should take
when a lawn is treated with a pesticide;
(3)
[A]
~
140
141
142
143
144
statement that a custom applicator must:
[Be] be licensed by the Maryland Department of
[a.](A)
Agriculture; and
[b.]®
[Follow] follow safety precautions; and
(4)
[A]
~
statement that the customer has the right to require the
145
146
147
148
149
150
151
152
153
154
155
156
157
custom applicator to notify the customer before each treatment of
the lawn of the customer with a pesticide.
[33B-3] 33B-7. Posting signs after application
by
custom applicator.
(a)
Immediately after a custom applicator treats a lawn with a pesticide, the
custom applicator must [post a sign on the lawn] place markers within
or along the perimeter ofthe area where pesticides will be applied.
(b)
A [sign posted] marker required under this [section] Section must:
(1)
[Be] be clearly visible [from the principal place of access to] to
persons immediately outside the perimeter of the property;
(2)
[Be] be a size, form, and color approved by the [department]
Department;
(3)
[Be] be made of material approved by the [department]
Department; [and]
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BILL
No.
52-14
158
159
160
161
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166
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169
170
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173
174
175
176
177
178
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182
183
(4)
[Have] have wording with content and dimensions approved by
the [department]
Departmentr.]~
and
ill
be in place on the day that the pesticide is applied.
33B-8. Posting signs after application
~
property owner or tenant.
W
A person who perfonns
~
private lawn application treating an area
more than 100 square feet must place markers within or along the
perimeter of the area where pesticides will be applied.
(hl
A marker required under this Section must:
ill
ill
ill
ill
ill
be clearly visible to persons immediately outside the perimeter of
the property;
be
~
size, fonn, and color approved !2y the Department;
be made of material approved!2y the Department; and
have wording with content and dimensions approved !2y the
Department; and
be in place on the day that the pesticide is applied.
ARTICLE 3. Application restrictions.
33B-9. Prohibited application.
A person must not apply
~
non-essential pesticide to
~
lawn.
33B-IO. Exceptions and Exemptions.
W
A person may
purposes:
WPlY
~
non-esssential pesticide for the following
ill
ill
ill
if}
for the control of weeds as defined in Chapter 58, Weeds;
for the control of invasive species listed in
under Subsection 33B-4(d);
for pest control while engaged in agriculture; and
for the maintenance of
~
golf course.
~
regulation adopted
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BILL
No. 52-14
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196
197
198
199
200
201
202
203
204
205
206
207
208
209
@
A person may
ill!Qly
to the Director for an exemption from the
prohibition of Section 33B-9 for
~
non-essential pesticide. The Director
may grant an exemption to
rumlY
~
non-essential pesticide on property
where application is prohibited under Section 33B-9 if the applicant
shows that:
ill
ill
ill
(£)
effective alternatives are unavailable;
granting an exemption will not violate State or federal law; and
use of the non-essential pesticide is necessary to protect human
health or prevent significant economic damage.
A person may
.illmlY
to the Director for an emergency exemption from
the prohibition in Section 33B-9 if
~
pest outbreak poses an imminent
threat to public health or if significant economic damage would result
from the inability to use
~
pesticide prohibited
Qy
Section 33B-9. The
Director may impose specific conditions for the granting of emergency
exemptions.
33B-l1. Outreach and Education Campaign.
The Executive must implement
~
public outreach and education campaign
before and during implementation of the provisions of this Article. This campaign
should include:
W
@
informational mailers to County households;
distribution of information through County internet and web-based
resources;
(£)
radio and television public service announcements;
news releases and news events;
information translated into Spanish, French, Chinese, Korean,
Vietnamese, and other languages, as needed;
@
W
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BILL No. 52-14
210
211
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215
216
217
218
219
220
221
222
223
224
225
226
227
228
ill
(g)
extensive use of County Cable Montgomery and other Public,
Educational, and Government channels funded
Qx
the County; and
posters and brochures made available at County events, on Ride-On
buses and through Regional Service Centers, libraries, recreation
facilities, senior centers, public schools, Montgomery College, health
care providers, hospitals, clinics, and other venues.
ARTICLE 4. County Property
33B-12. Prohibition
Q!!
County-owned property.
W
Prohibition.
Except as provided in subsection
apply to any property owned
Qx
the County:
ili1
f!
person must not
ill
ill
(Q)
f!
non-essential pesticide; or
f!
nionicotinoid.
Exceptions.
ill
A person may use any larvicide or rodenticide on property owned
by the County as
f!
public health measure to reduce the spread of
disease vectors under recommendations and guidance provided
by the Centers for Disease Control and Prevention, the United
States Environmental Protection Agency, or the State Department
of Agriculture. Any rodenticide used must be in
f!
tamper-proof
product, unless the rodenticide is designed and registered for
f!
specific environment inaccessible to humans and pets.
229
230
231
232
233
234
235
236
ill
ill
A person may use
f!
non-essential pesticide or neonicotinoid for
the purposes set forth in Subsection 33B-I O(a).
A person may use
f!
non-essential pesticide or neonicotinoid on
property owned by the County if the Director determines, after
consulting the Directors of General Services and Health and
Human Services, that the use of pesticide is necessary to protect
f:\law\bills\14S2 pesticides\bill9.doc
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BILL
No. 52-14
237
238
239
human health or prevent imminent and significant economic
damage, and that no reasonable alternative is available.
If
§:
pesticide is used under this paragraph, the Director must, within
30 days after using the pesticide, report to the Council on the
reasons for the use ofthe pesticide.
240
241
242
243
33B-13. Integrated pest management.
fu)
Adoption gf program.
The Department must adopt,
Qy
§:
method
ill
244
245
246
247
248
regulation. an integrated pest management program for property owned
Qy
the County.
®
Requirements.
Any program adopted under subsection
fu)
must require:
249
250
251
252
253
ill
ill
ill
ill
monitoring the turf or landscape;
accurate record-keeping documenting any potential pest problem;
evaluating the site for any injury caused
Qy
!! pest and
determining the appropriate treatment;
using!! treatment that is the least damaging to the general
environment and best preserves the natural ecosystem;
ill
using
§:
treatment that will be the most likely to produce long­
254
255
256
257
258
term reductions in pest control requirements and is operationally
feasible and cost effective in the short and long tenn;
®
using
§:
treatment that minimizes negative impacts to non-target
organIsms;
259
260
261
262
ill
ill
(2)
using
§:
treatment that is the least disruptive ofnatural controls;
using !! treatment that is the least hazardous to human health; and
exhausting the list of all non-chemical and organic treatments
available for the targeted pest before using any synthetic
chemical treatments.
®
f:\law\bills\1452 pesticides\biIJ 9.doc
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BILL
No. 52-14
263
264
265
266
267
268
269
270
271
272
273
W
The Department must provide training in integrated pest management
for each employee who is responsible for pest management.
Sec.2. Initial Lists of Non-Essential Pesticides and Invasive Species.
The
Executive must submit the lists of non-essential pesticides and invasive species
required by Subsections 33B-4(c) and (d) to the Council for approval by October 1,
2015.
Sec. 3. Effective Date.
The prohibitions on use of non-essential pesticides
contained in Section 33B-9 and the prohibitions on use of non-essential pesticides
and neonicotinoids contained in Section 33B-12 take effect on January 1,2016.
Sec. 4. Expiration.
This Act and any regulation adopted under it expires on
January 1,2019.
Approved:
274
275
George Leventhal, President, County Council
Date
276
Approved:
277
Isiah Leggett, County Executive
Date
278
This is a correct copy ofCouncil action.
279
Linda M. Lauer, Clerk of the Council
Date
t\law\bills\1452 pesticideslbill9.doc
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LEGISLATIVE REQUEST REPORT
Bill 52-14
Pesticides
-
Notice Requirements Non-Essential Pesticides
-
Prohibitions
DESCRIPTION:
This Bill would require posting of notice for certain lawn
applications of pesticide, prohibit the use of certain pesticides on
lawns, prohibit the use of certain pesticides on certain County-owned
property and require the County to adopt an integrated pest
management program for certain County-owned property.
Long term use of and exposure to certain chemical pesticides has
been linked to several health problems, including birth defects,
cancer, neurological problems, immune system problems, and male
infertility.
To protect the health of families, especially children, from the
unnecessary risks associated with the use of certain pesticides that
have been linked to a wide-range of diseases.
Department of Environmental Protection
To be requested.
To be requested.
To be requested.
To be researched.
Josh Hamlin, Legislative Attorney
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITIDN
MUNICIPALITIES:
PENALTIES:
Class C violation
f:\law\bi/ls\1452 pesticides\lrr.doc
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MONTGOMERY COUNTY COUNCil.
R.OCKVILLE, M .... RYLAND
GEORGE LEVEN.TfiAL
COUNCILMEMBER
AT-LARGE
MEMORANJ)UM
Octoher 22, 2014
TO:
FROM:
SUBJECT:
G~orge
Leventhal, Council Vice President
~
Pesticide Legislation
Councilmembers
This coming Tuesday, October 2&, 1
wiU
be introducing legislation aimed lftprotectingthe
health
offamilies- and especially children
~
fromthe unnecessary risks associated with the use of
certain
cosmetic pesticides that have been
linked
to a
wide-range
ofdiseases. and which provide
no health benefits.
As you know, for the better part
of
the last year. 1 have been working towards introducing
legislation on this matter.
Since the September
2013 meeting of the T&E committee, I
haventet
with countless stakeholders, on both sides ofthe issue.
to
team
more about: hoW' pesticides are
being
applied
in the
c-Ounty.
what other governments are doing to
ensure
that
the public's health is
being protected, and what the latest research tells us about their risks. The legislation that I am
introducing on Tuesday incorporates fe·edback I received from proponents and opponents on the
previous draft
of
the bill,
which
I shared
with
your
offices back
in May. The result is a bill that
balances
the
rights
of
homeo'wners
to maintain a beautiful lawn
with
the rights of residents who
prefer to not
be
exposed to
chemicals
that have known health effects; I view this
bill
as a starting
point in our discussion which can
be
tweaked along the way.
I want
to
preface my concerns byaffinning the value of pesticides when they are used to protect
pUblic
health, the
environment,
out food or our water supply, but
when
pesticides are used
solely
to improve
the appearance
of
!andscapes~
they
can cause more hann
than
good. In my
view,
cosmetic pesticides present a substantial threat to the health of today' s children. The American
Academy
of
Pediatrics states that children
face
the greatest
risk
from
the
chemicals they contain,
and that epidemiologic evidence demonstrates associations between early life exposure to
pesticides and pediatric cancers. decreased cognitive function and behavioral problems stich as
ADHD.1 Certain toxic
chemicals
can cause pennanent brain damage in children even atIow
levels ofexposure that would have little to
nO
adverse effect in an adult? A child doesn't even
Pcrdiatric$..
Pesticide Exposure
ill
ChHdr,(:Tl, Volume I
~(),
No.6, 1757 - 1763, December, 2012
.
2
Dr. Phillippe Orandjean. MD,Dr, Phillip Landrigan, MD,
The LaMet Newo/agy,
Neurobehavioral.
Effucts of
i
ST'E£Exel~'W~t~Nt~xi8~!d'J>i~~JJIJ~<;U13~Y8fU~l~a.%VRJ~NUE.'
6TH FLOOR. ROCKVIu'.E, MARYLAND ,20850
240n77-7811
OR 2401777-7900, TTY2401777·7914, FAX2401777·7989
WWW,MON'lGoMERYCOUNTYMD.GOV/COUNCIL
~
PRINTED
ON
I'I£CYCI..EO F'APE.R
®
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have to be directly
exposed
to
B.
pesticide to suffer negative health outcomes. During pregnancy,
chemicals in
women
can cross the placenta and resultin higher fetal exposure than the mother has
been exposed to. Prenatal exposure
to
certain chemicals has been doc.umented to increase the risk
ofcancer in childhood.:' Virtually every pregnant woman in the United States is exposed to
multiple
chemicals
during
a
sensitive
period of
fetal development
that have been
linked to
adverse reproductive and developmental outcomes.
4
Adults are also at risk ofdeveloping serious health problems due to pesticide exposure,
Researchers at the National Institutes of Health have linked pesticide use to a wide range of
diseases
and
c·onditions. Exposure
to
certain pesticides has been
linked
to Parkinson's disease,
diabetes.
leukemia, lymphoma. lupus, rheumatoid arthritis, dementia, reproductivedysfunctlon,
Alzheimer's disease, and variety of cancers illcludingbreast, colon, prostate and lung
cancer.~
In addition to the adverse health effects to humans, pesticides can also affect animals,
both
pets
and wildlife, and our
wate.tways.
A recentstudy by
the
United States GeologicaJ Survey has
found that 90% ofuroanarea waterways now ha\'e pesticide levels high enough to hann aquatic
life, and moreover, the USGS said the harm
to
aquatic Iife
Was
.likely understated in their report,!>
Terrestrial wildlife is also being
harmed
by the use ofcertain pesticides. The most concerning
example involves honeybees,
which
pollinate
nearly
one-third of
the
food
we eat,
and a particular
class of pesticides called neonicotinoids. Neonicotinoi(js have been repeatedlya:nd strongly linked
with
the collapse of honey bee colonies. In just the last year, Maryland
~ost
nearly 50 percent of
its
honeybee population, an increase over previous years, which averaged about a one-third Joss
annuaIly.7
BeforeJ descrii:>e what this bilt does, let me describe
what
this bill does not do. 'This bill doe$ not
ban
the
use of aU pesticides;
it
would, however, restrict the use of certain toxic chemicals that are
most dangerous to human health. This bill does. not prohibitthe use
ofanyp~sticide
for gardens.
And this bill would
not
prohibit the use of any pesticide for agricultural use. What this bill does
do is seek to
limitchildren's
exposure to harmful pesticides in places where children are most.
likely
to
be
exposed to
them. That being said, the
major provisions of
the bill are:
I) Require the posting ofnotice when a property Qwner appJiesa pesticide to an area of
lawn more than 100 square feet, CQnsistent with the notice requirements for when a
landscaping business treats a lawn with a pesticides;
2) Require the Executive to designate a list of"'non-essential" pesticides
induding~
• all pesticides
classified as ··Carcinogenic to
Bumans"
or "Likely to Be
Carcinogenic to Humans"
by
the
u.s.
EPA;
• aU pesticides classified by the U.S. EPA as "Restricted Use Products;"
American College ojObSUlricians
&;
G.Vlwtologi.~tlt.
Commiflee Opinion No. 575.
American
College
of
Obstetrid1tl1s
and Gynecologists. 931-5. October 2013
4
Em;ironmenrai
Heahh
Perspectives,
Environmenml Chemicals in Pcegl\unt Women in
the
United States; NW\NES
2003-2004, Tracey]. Woodruff. Ami
R,Zota,
l11ckieM. SchwartJ..,
Volume
J 19, No.6,
87s..-S&5. June 201.1
S
Jan Ehrman,
fIllfi
Record,
Pesticide Use Liuked
Ii)
Lupus,
Rheumatoid
Anhritis.
D.t:tQ:!/nihreg:.rd.nih.gov/newsJetrers!201
If
03 18
2m
I!SloQ'4.htm (accessed
August
3,2014)
b
{/.s,
Geological Survey,
An Overview Comparing Results from Two Decades ofMonitoring for Pesticides in the
Nation's Streams
1tl1d
Rivers, 1992-200J
and
2002-..20 11. Wesley W, Stone, Robert
J.
Gilliam, Jcftrey D. Martin,
http://pubs.usgs.gpvfsir!2Q14!5
J
54in9f1sir2014~5154.pdf
(accessed October 20, 2014)
7
Tim
Wheeler, Mysterious bee die-offcontinues, extends
beyond winter,
Baltimore
Sun.,
3
http://arti!<leithaitimv.n::run,j;omI10J4.Q5.1~eatl!0<~al·m''st('''riQus.pc('''''{lie()ff,c(lntiT1\!!;;s-ne;gly·b§1f-D:mtJ!mMH1iveS:
lost-20l4051LLQPc~infQrmed-par!nership-honex-bee-beeketwm
(accessed
October 20.2014)
@
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3)
4)
5)
6)
7)
• aU pesticides classified as "Class 9" pesticides
by
the Ontario, Canada., Ministry
of the Environment; and
• all peSticides classitied as "Category 1 r:ndocrine Disruptors"
py
the European
Contmission
Generally prohibit the application
of
non-essential
Presticidesto
lawns,
with
exceptiol'ls
for noxious weed and invasive species
control, agriculture
and gardens, and golf courses;
Require the Executive to
conduct
a
public
Qutreach
and
educatiQo
campaign before
and
during
the implementation ofthe
Bill;
Generally prohibit the application of a
non~essential
or neonicotinoid pesticide to
County~owned
property;
and
Require the County to adopt an Integrated Pest Management program.
Sunset the act and any regulation adopted under it on January l, 2019
The pesticide industry
will
respond
to
this legislation
by
saying "the science isn't there" and that
"all
pesticides are extensively tested and approved
.8S
safe
by
the EPA,"but while both statements
soundbelievahle, they belie
the
truth.
In
response
to
the
charge
that
the
science isn't there to
legis1ate~
the.ahsence
of
incontrovertible evidence does notjusdfy inaction.
As evjdencedby this
memo, the number of studies from respected institutions
of
science linking pesticides
to
a variety
of
cancers, neurodevelopmental
disor<:iers
and diseases is abundant andpersuas:ive.
Furthermore,
due to the inestimable number of chemical combinations possible from the thousands of products
on the market and the complex interactions
with
the bumanbody, the research thatopponcnts to
this legislation
will demand
will
never
be
possible within the ethical confines of
research.
The
real danger lies not in being exposed toone chemical, but atnixture of chemicalS. The EPA risk
assessment fails to look
a~
the synergistic effects of ITl.ultiple chemicals, even though studies show
that exposure to multiple chemicals that act on the same adverse outcome can have a greater
effect than exposure to an individual chemicaLS
And to the cbarge that a pesticide must be safe
if
it
has: been approved
by
the EPA,. the
Government Accountability Office (GAO)
ha.~
found
that
many pesticides are currently being
approved for consumer use
by
the EPA without receipt and review of
data.
that the manufacturer
is required to provide on the safety of the chemicals.
9
Alanningly, in some
cases
the
manufactur~r
was
given
two
years
to
submit
studies
OR
the
effect~
of a pesticide, and ten years later no studies
had been received or reviewed by the EPA.HIWnat's more. the EPA itself publishes an entire
manual -
Recognition
an4
J1anageme:nt ojPesticide Poisonings
-
for healthcare professipnais that
acknowledges
the toxic nature and effects of many pesticides.
As
an educated populace. we
like
to think
thlitt
we
have a high bar for pesticide safety in this country, but sadly, when.a pesticide
has been approved
by
the EPA, it connotes little about
it-'>
safety.
Lawn care does not have to be poisonous to people, pets, wildlife. or our watenvays. It is simply
false
to
say that you can't have a
lush~
green la\\<n - free of weeds· without the use of toxic
pesticides. Through proper management ofthesoiI, along with the use of natural. organic
altematives to synthetic pesticides, a high quality landscape can
be
achieved. And under my
8
Nat/dnal
ReSl'-llrr:h COlJJ1cil,
Committee on Improving Risk Analysis
Approaches
Used
by
the U.S. EPA. SCience and
Decisions: l\dvancing Risk
Assessmt.'nt.
Washington. DC:
National
Academies Press: 2008
1>
Uniled Stales
Government
Accountability Office,
Pesticides - EPA Should Take Steps
to
Improve its Oversight of
Conditional Registrations,
http://w\,i'W,
fmQ,gov!a~mf66W6~9~
(accessed October
20,
2014)
)0
Unifed States Government
Accountability
Office.
Pesticides -.- EPA, ShQuld Take
Stepsto
Improve
its
Oversigntof
Conditional
R.egistrations.
htto;IfU'\.\lw.1i9&.gov!_~~!iL660/6S()~.?2Ji..gf{accessed
Oct(}ber
2(),
2(14)
@
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legislation, residents will still
be
free to .hire any lawn care professional to treat their la'W"D or to
manage their own la,,'tl care.
Much like the public debate that occurred in the 1950' s before cigarettes were found to be cancer­
causing, I believe we are approaohing a similar turning point in the discourse on pesticides
as
the
public is made more aware ofthe known healtlteffect.<;. In a poll taken earlier this year, more than
three~quarters
of Marylanders expressed concern about the risk
that
pesticides pose
to
them or
their families, and when respondents learned of the adverse health effects
that
pesticides are
linked to, 90% of Marylanders expressed concern.
H
America lags behind·
by
the restofthe developed world in recognizing
th~
serious risks that
certain pesticides pose to health and life. The GAO's report confinns that the
regUlatory
approach
taken by the EPA is broken and failing the pUblic. In the face of
mOl.mting
scientific evidence,
and in the absence ofaction on the federal level, I find
it
impossible not to act now to protect the
he~lth
ofour children.
In
Montgomery C:ounty. we regularly take a
preca~tionary
approach to
public health and environmental issues, such as with the forthcoming legislation on
e~cigarettes
and the Councit's action on 'ten Mile Creek. Out apPrQach to
pesticidesshollldbe no
different.
I have attached all of the studies that I have cited in this memo for your reference, but I hope you
will
take time
to
review research beyond what I have provided. If, after reviewing the research,
you feel compelled to act as 1do, 1would wclcomeyour co.-sponsorship on this bilL
This issue is
among
the mosttechnical1y complex which
theCoullcii
bas
ever
faced. Therefore,
it
is
.critical
that
we
approach this in a thoughtful manner and that
we
con$uJt with a variety of
eXPel:tS
who are knowledgeable in the field so we can make a well-informed decision regarding
this important public health issue.
II
OpinionWorks,
Maryland Voter Survey on Pesticides
httpilwww.md.!};;stnet.Qre!wp*
October 20,
20.l4)
contenthlpload$l2(jlf!/Q,f.;'P~-Poll*Me.mQ·2·lQ·
)4.pdf
(Accessed on
@