Current through 2024-38, September 18, 2024
The registration, distribution and use of plant-incorporated
protectants are subject to the following limitations and conditions:
A.
Definitions
"Plant-incorporated protectant" means a pesticidal substance
that is intended to be produced and used in a living plant, or in the produce
thereof, and the genetic material necessary for the production of such a
pesticidal substance.
B.
License Required
No person shall distribute any plant-incorporated protectant
without either a general use pesticide dealer license or a (restricted or
limited use) pesticide dealer license from the Board.
C.
Dealer Requirements
Dealers distributing plant-incorporated protectants are
subject to the following requirements:
I. General use and (restricted or limited
use) pesticide dealers shall notify the Board of their intent to distribute
plant-incorporated protectants on all initial license and license renewal
application forms provided by the Board.
II. General use and (restricted or limited
use) pesticide dealers shall maintain sales records showing the list of the
names and addresses of all purchasers of plants, plant parts or seeds
containing plant-incorporated protectants. These records must be made available
to representatives of the Board for inspection at reasonable times, upon
request, and must be maintained for two calendar years from the date of
sale.
III. Any general use and
(restricted or limited use) pesticide dealer who discontinues the sale of
plant-incorporated protectants shall notify the Board in writing and shall
provide the Board, upon request, with all records required by Section 5(C) II
of this chapter.
D.
Grower Requirements
I. All users
of plant-incorporated protectants shall maintain the records listed below for a
period of two years from the date of planting. Such records shall be kept
current by recording all the required information on the same day the crop is
planted. These records shall be maintained at the primary place of business and
shall be available for inspection by representatives of the Board at reasonable
times, upon request.
a. Site and planting
information, including town and field location, a map showing crop location and
refuge configuration in relation to adjacent crops within 500 feet that may be
susceptible to cross-pollination;
b. Total acres planted with the
plant-incorporated protectant and seeding rate;
c. Total acres planted as refuge and seeding
rate;
d. Detailed application
information on any pesticide applied to the refuge as described in Section
1(A) of Chapter 50,
"Record Keeping and Reporting Requirements"; and
e. Planting information for each distinct
site including:
i. date and time of planting;
and
ii. brand name of the
plant-incorporated protectant used.
II. There are no annual reporting
requirements for growers.
E.
Product-Specific Requirements
I. Requirements for plant-incorporated
protectant corn containing Bacillus thuringiensis (Bt) protein and the genetic
material necessary for its production.
a.
Prior to planting plant-incorporated protectant corn containing any Bacillus
thuringiensis (Bt) protein and the genetic material necessary for its
production, the grower must have completed a Board-approved training course and
possess a valid product-specific training certificate.
b. Product-specific training certificates
shall be issued following each Board-approved session. The certificates will
remain valid until December 31 of the third year after issuance.
c. Non-Bt-corn growers whose crops are or
will be located within 500 feet of a prospective Bt-corn planting site can
request that the Bt-corn grower protect the non-Bt-corn crop from pollen drift.
i. the request must be made prior to planting
of the Bt-corn crop;
ii. the
request must identify the non-Bt-corn crop to be protected; and
iii. the growers may agree on any method for
protection but, if an agreement cannot be reached,
1. the Bt-corn grower must plant any refuge
required by the Bt-corn grower agreement, grower guide or product label in a
configuration that provides maximum protection from pollen drift onto the
adjacent non-Bt-corn crop; or
2. if
no refuge is required, the Bt-corn grower shall maintain at least a 300-foot
Bt-corn-free buffer to non-Bt-corn crops.
d. Bt-corn growers are encouraged to follow
all best management practices developed by the Board or the Department of
Agriculture, Conservation and Forestry.
II. Dealers distributing Bt-sweet corn shall
only sell the seed in quantities large enough to plant one acre or
more.
F.
Confidentiality
Any person providing information to the Board in connection
with the record-keeping and reporting requirements of Section 5 of this chapter
may designate that information as confidential in accordance with
7 M.R.S.A.
§20.
