Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
026 - BOARD OF PESTICIDES CONTROL
Chapter 22 - STANDARDS FOR OUTDOOR APPLICATION OF PESTICIDES BY POWERED EQUIPMENT IN ORDER TO MINIMIZE OFF-TARGET DEPOSITION
Section 026-22-4 - GENERAL STANDARDS FOR OFF-TARGET PESTICIDE DISCHARGE AND RESIDUE
Universal Citation: 01 ME Code Rules ยง 026-22-4
Current through 2024-13, March 27, 2024
A. Prohibition of Unconsented, Off-Target Direct Discharge of Pesticides
Pesticide applications shall be undertaken in a manner which does not result in off-target direct discharge of pesticides, unless prior authorization and consent is obtained from the owner or lessee of the land onto which such discharge may occur in a manner consistent with the pesticide label.
B. Standards for Unconsented, Off-Target Drift of Pesticides
I.
General Standard. Pesticide
applications shall be undertaken in a manner which minimizes pesticide drift to
the maximum extent practicable, having due regard for prevailing weather
conditions, toxicity and propensity to drift of the pesticide, presence of
Sensitive Areas in the vicinity, type of application equipment and other
pertinent factors.
II.
Prima
Facie Evidence. Pesticide residues in or on any off-target Sensitive
Area Likely to Be Occupied resulting from off-target drift of pesticides from a
nearby application that are 1% or greater of the residue in the target area are
considered prima facie evidence that the application was not conducted in a
manner to minimize drift to the maximum extent practicable. The Board shall
review the site-specific application checklist completed by the applicator and
other relevant information to determine if a violation has occurred. For
purposes of this standard, the residue in the target area, and the residue in
the Sensitive Area Likely to Be Occupied, may be adequately determined by
evaluation of one or more soil, foliage or other samples, or by extrapolation
or other appropriate techniques.
III.
Standard of Harm. An
applicator may not apply a pesticide in a manner that results in:
(i) Off-target pesticide residue detected in
or on any nearby crop which violates EPA tolerances for that crop, as
established under 40 CFR, Part 180.
(ii) Off-target pesticide residue detected in
or on any nearby organic farm or garden which causes the agricultural products
thereof to be excluded from organic sale in accordance with 7 CFR, Part 205,
Section
205.671.
(iii) Off-target pesticide residue
detected on any nearby persons or vehicles using public roads.
(iv) Documented human illness. For this
standard to be met, the Board must receive verification from two physicians
that an individual has experienced a negative health effect from exposure to an
applied pesticide and that the effect is consistent with epidemiological
documentation of human sensitivity to the applied pesticide.
(v) Off-target damage or injury to any
organism.
IV.
Enforcement Considerations. The Board shall consider the
particular circumstances of violations arising from Subsections 4(B)(I) and
(III) in determining an appropriate response, including, but not limited to:
(i) The standard of care exercised by the
applicator;
(ii) The degree of harm
or potential harm that resulted from or could have resulted from off-target
drift from the application;
(iii)
The risk (toxicity and exposure) of adverse effects from the pesticide
applied.
C. Consent
I.
Consent, How
Given.Authorization and consent by the owner or lessee and occupant
(when applicable) of land receiving a pesticide discharge or drift in a manner
consistent with the pesticide label may be given in any manner, provided that
the consent is reasonably informed and is given prior to the onset of the spray
activity in question. The burden of proof shall be upon the applicator to
demonstrate that requisite authorization and consent has been given. For this
reason, applicators are encouraged to obtain such consent in writing and to
maintain records thereof.
II. The
residue and harm standards in Sections 4(B)(II) and (III) for off-target drift
do not apply where the owner, lessee and occupant (when applicable) of the
off-target area receiving the pesticide drift have given authorization and
consent as prescribed in Section 4(C).
III. Except with the prior written approval
of the Board, no authorization or consent may be given with regard to
off-target direct discharge or off-target drift of pesticides upon any bodies
of water or critical areas as defined in CMR 01-026, Chapter 10, "Definitions;
Sensitive Area."
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