Current through Register 1531, September 27, 2024
The Massachusetts Pesticide Control Act was inserted as M.G.L. c. 132B by St. 1978, c. 3, as an emergency law and took effect immediately. The purpose of the Pesticide Control Act is to conform the laws of the Commonwealth of Massachusetts with federal requirements on registration and certification of pesticides as set forth in the Federal Insecticide, Fungicide, and Rodenticide Act, Public Law 92-516, as amended, (FIFRA), and the federal regulations thereunder. To this end, the Massachusetts Pesticide Control Act creates administrative mechanisms to regulate the labeling, distribution, sale, storage, transportation, use and application and disposal of pesticides. The Massachusetts Act also establishes standards and sets forth prohibitions with regard to each regulatory function.
The responsibility for implementing the commands of the Massachusetts Pesticide Control Act is distributed by the Pesticide Control Act among three governmental bodies.
(1)
Department of Agricultural Resources. The Massachusetts Department of Agricultural Resources has been designated as the state lead agency for implementation and administration of the Pesticide Control Act and the Massachusetts pesticide program.
The Pesticide Control Act charges the Department with a wide range of specific regulatory functions and empowers it to promulgate and adopt regulations, standards and forms as are necessary for implementation and administration. Among the duties assigned to the Department by the Pesticide Control Act are:
(a) Entering into cooperative agreements and contracts in matters related to M.G.L. c. 132B and FIFRA.
(b) Taking actions necessary to secure for the Commonwealth of Massachusetts the benefits of FIFRA and other federal legislation.
(c) Establishing Advisory Councils.
(d) Declaring pests and devices to be subject to the provisions of M.G.L. c. 132B.
(e) Establishing the fee and preparing and accepting the applications for experimental use permits.
(f) Establishing requirements for licensing and supervising pesticide dealers.
(g) Establishing requirements for certifying, licensing and supervising various categories of pesticide applicators.
(h) Controlling both storage and disposal of pesticides.
(i) Issuing administrative orders to prevent unreasonable adverse effects on the environment or violations under the Pesticide Control Act.
(j) Right of entry and inspection as needed to administer the Pesticide Control Act. Within the Department, the pesticide regulatory functions shall be under the administrative supervision of a Pesticides Program Director.
(2)
Pesticide Board. The Massachusetts Pesticide Control Act creates within the Department a Massachusetts Pesticide Board.
(a)
Board Members. The Pesticide Board shall be comprised of those members identified in M.G.L. c. 132B, § 3.
(b)
Compensation. The appointive members of the Board shall receive $50.00 for each day or portion thereof spent in the discharge of their official duties and shall be reimbursed for their necessary expenses incurred in the discharge of their official duties.
(c)
Purpose of the Board. The Board's responsibilities entail advising the Commissioner of Agricultural Resources with respect to the implementation and administration of M.G.L. c. 132B. The Board also hears appeals of those aggrieved by the actions or decisions of the Department or the Subcommittee of the Pesticide Board. The Pesticide Control Act, additionally, assigns the Board the responsibility for approving a variety of Departmental actions. Among the actions requiring Board approval are:
1. All regulations, standards and forms proposed by the Department to implement and administer the Pesticide Control Act.
2. Appointment of the Pesticides Program Director.
3. Cooperative agreements and contracts with respect to M.G.L. c. 132B and FIFRA.
4. Action necessary to secure for the Commonwealth the benefits of FIFRA and other federal legislation.
5. Establishment of Advisory Councils.
6. Declarations of pests and devices to be subject to the provisions of M.G.L. c. 132B.
(3)
Subcommittee of the Pesticide Board. The Massachusetts Pesticide Control Act creates within the Pesticide Board of the Department a Subcommittee.
(a)
Subcommittee Members. The Subcommittee shall be comprised of those members identified in M.G.L. c. 132B, § 3A.
(b)
Purposes of the Subcommittee. Under the Pesticide Control Act, the Subcommittee has the responsibility of registering all pesticides for use in the Commonwealth of Massachusetts and for issuing all experimental use permits.
