Bill Summary – FastDemocracy

APPROVED                 CHAPTER
                                                                JUNE 12, 2025                 292
                                                               BY GOVERNOR              PUBLIC LAW
                                STATE OF MAINE
                                         _____
                         IN THE YEAR OF OUR LORD
                      TWO THOUSAND TWENTY-FIVE
                                         _____
                               H.P. 1132 - L.D. 1697
   An Act to Increase Penalties to Deter Violations of the Laws Regarding
                          Improper Pesticide Use
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 7 MRSA §616-A, sub-§2, ¶A, as repealed and replaced by PL 2003, c. 452,
Pt. B, §6 and affected by Pt. X, §2, is amended to read:
   A. A person may not violate this subchapter or a rule adopted pursuant to this
   subchapter or Title 22, chapter 258‑A or a rule adopted pursuant to Title 22, chapter
   258‑A. This paragraph does not apply to a private applicator as defined in Title 22,
   section 1471-C, subsection 22 or a private applicator of general use pesticides as
   defined in Title 22, section 1471-C, subsection 22-A. Except as provided in paragraph
   B, the following penalties apply to violations of this paragraph.
       (1) A person who violates this paragraph commits a civil violation for which a fine
       of not more than $1,500 may be adjudged as follows.
           (a) A fine of not more than $10,000 may be adjudged except as provided in
           division (b).
           (b) A fine of not more than $50,000 may be adjudged for an unauthorized
           pesticide application in a case in which the preponderance of the evidence
           demonstrates that the person who violated this paragraph benefited
           substantially from the violation as determined by the board by routine technical
           rule as described in Title 5, chapter 375, subchapter 2-A. Clear and convincing
           evidence that only one person benefited substantially from an unauthorized
           pesticide application constitutes prima facie evidence that the person is
           responsible for the unauthorized pesticide application.
       (2) A person who violates this paragraph and is subject to a fine under
       subparagraph (1), division (a) after having previously violated this paragraph and
       having been subject to a fine under subparagraph (1), division (a) within the
       previous 4-year period commits a civil violation for which a fine of not more than
       $4,000 $75,000 may be adjudged. A person who violates this paragraph and is
       subject to a fine under subparagraph (1), division (b) after having previously
                                  Page 1 - 132LR0748(03)
        violated this paragraph and having been subject to a fine under subparagraph (1),
        division (b) within the previous 4-year period commits a civil violation for which
        a fine of not more than $150,000 may be adjudged.
    Sec. 2. 7 MRSA §616-A, sub-§2, ¶B, as amended by PL 2011, c. 510, §1, is further
amended to read:
    B. A private applicator, as defined in Title 22, section 1471‑C, subsection 22, and a
    private applicator of general use pesticides, as defined in Title 22, section 1471-C,
    subsection 22-A, may not violate this subchapter or a rule adopted pursuant to this
    subchapter or Title 22, chapter 258-A or a rule adopted pursuant to Title 22, chapter
    258-A or a rule regarding records maintained pursuant to section 606, subsection 2,
    paragraph G. The following penalties apply to violations of this paragraph.
        (1) A person who violates this paragraph commits a civil violation for which a fine
        of not more than $500 $1,000 may be adjudged.
        (2) A person who violates this paragraph after having previously violated this
        paragraph within the previous 4-year period commits a civil violation for which a
        fine of not more than $1,000 $2,000 may be adjudged.
    Sec. 3. Board of Pesticides Control to adopt rules. The Department of
Agriculture, Conservation and Forestry, Board of Pesticides Control shall adopt routine
technical rules as described in the Maine Revised Statutes, Title 5, chapter 375, subchapter
2-A to:
    1. Establish a penalty schedule for violations of the laws and rules governing pesticides
to create transparency for future penalties assessed;
    2. Provide the means by which separate civil suits may be brought against the same
violator of the laws and rules governing pesticides if pesticide migration through soil or
bedrock occurs affecting more than one property;
   3. Provide for the restoration of affected property and replacement of vegetation as
penalties for violations of the laws and rules governing pesticides in addition to monetary
penalties; and
    4. Designate pesticides with the active ingredient tebuthiuron as state restricted use
pesticides.
                                   Page 2 - 132LR0748(03)
Statutes affected: 
Bill Text ACTPUB , Chapter 292: 7.616