Bill Summary – FastDemocracy

HB 208
                       Department of Legislative Services
                               Maryland General Assembly
                                     2021 Session
                            FISCAL AND POLICY NOTE
                               Third Reader - Revised
House Bill 208               (Delegates Healey and Stein)
Environment and Transportation          Education, Health, and Environmental Affairs
               Agriculture – Neonicotinoid Pesticides – Sale and Storage
This bill establishes that a neonicotinoid pesticide may only be sold at retail to a “certified
applicator,” as currently defined, or a farmer. The bill also requires a retailer to store
neonicotinoid pesticides in a manner that is inaccessible to customers without assistance.
                                     Fiscal Summary
State Effect: Special/federal fund expenditures for the Maryland Department of
Agriculture (MDA) increase minimally beginning in FY 2022 for enforcement. The
application of an existing civil penalty provision to violations of the bill is not expected to
materially affect State revenues.
Local Effect: None.
Small Business Effect: Minimal, as discussed below.
                                          Analysis
Current Law: The Secretary of Agriculture is required to take various actions to regulate
pesticide use, including (1) adopting rules and regulations governing the storage, sale,
distribution, exchange, use, and disposal of any pesticide and its container and
(2) prescribing, when necessary, the time and conditions under which a pesticide may be
sold, distributed, exchanged, or used in different areas of the State.
Generally, to be sold, distributed, or used in Maryland, a pesticide must be registered by
both MDA and the U.S. Environmental Protection Agency. Specified pesticides that have
greater potential for causing harm are designated as “restricted use pesticides” and may
only be used by a certified applicator or a person working under the supervision of a
certified applicator. In addition, each commercial application of any pesticide must be
under the supervision of a certified applicator who is responsible and liable for the
application.
Chapters 661 and 662 of 2016 established additional restrictions on neonicotinoid
pesticides. A person may not sell a neonicotinoid pesticide at retail in the State unless the
person also sells a restricted use pesticide. Moreover, a person may not use a neonicotinoid
pesticide unless the person is (1) a certified applicator or a person working under the
supervision of a certified applicator; (2) a farmer, or a person under the supervision of a
farmer, who uses the pesticide for agricultural purposes, as specified; or (3) a veterinarian.
Violators of these provisions are subject to a civil penalty of $250 (this penalty is also
applicable to violations of the bill’s provisions). The restrictions do not apply to the use of
specified pet care products; specified personal care products; or specified indoor pest
control products.
Defined Terms
“Certified applicator” means a person who is certified by the Secretary of Agriculture.
“Restricted use pesticide” means a pesticide so classified by the Maryland Code or the
Secretary of Agriculture, or by the federal government.
Small Business Effect: Small business retailers could incur minimal costs to comply with
the bill’s storage requirements. Though retail sales could potentially decrease as a result of
restricting the sale of neonicotinoids to certified applicators or farmers, under current law,
the use of neonicotinoids is already restricted to certified applicators or farmers (or
individuals under their supervision), or veterinarians, diminishing the likely impact of any
similar restriction on sales.
                                 Additional Information
Prior Introductions: None.
Designated Cross File: SB 375 (Senator Kagan) - Education, Health, and Environmental
Affairs.
Information Source(s): Harford and Montgomery counties; Maryland Department of
Agriculture; Department of Natural Resources; Maryland Department of Transportation;
Department of Legislative Services
HB 208/ Page 2
Fiscal Note History:   First Reader - January 28, 2021
rh/sdk                 Third Reader - March 15, 2021
                              Revised - Amendment(s) - March 15, 2021
                              Revised - Clarification - March 15, 2021
Analysis by: Tyler Allard                         Direct Inquiries to:
                                                  (410) 946-5510
                                                  (301) 970-5510
HB 208/ Page 3
Statutes affected: 
Text - First - Agriculture – Neonicotinoid Pesticides – Sale and Storage: 5-201 Agriculture
Text - Third - Agriculture – Neonicotinoid Pesticides – Sale and Storage: 5-201 Agriculture