AN ACT RELATIVE TO PESTICIDE LICENSING AND MOSQUITO CONTROL
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to establish forthwith control of certain mosquito borne diseases, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public health.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows:
SECTION 1. Section 2 of chapter 132B of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the definition of “Nematode,” the following definition:-
“Permitted catch basin applicator”, an employee of the commonwealth or its political subdivisions who is permitted, pursuant to section 10, to use pesticides in the form of dry formulation mosquito larvicides, approved by the department, in storm drains and catch basins; provided, however, that each permitted catch basin applicator shall be supervised by a certified or licensed applicator.
SECTION 2. Section 6A of said chapter 132B, as so appearing, is hereby amended by striking out, in line 6, the words “or licensed” and inserting in place thereof the following words:- , licensed or permitted.
SECTION 3. Said section 6A of said chapter 132B, as so appearing, is hereby further amended by striking out, in line 7, the words “or license” and inserting in place thereof the following words:- , license or permit.
SECTION 4. Section 6E of said chapter 132B, as so appearing, is hereby amended by inserting after the word “applicator,”, in line 19, the second time it appears, the following words:- , or permitted catch basin applicator.
SECTION 5. Said chapter 132B is hereby further amended by striking out section 10, as so appearing, and inserting in place thereof the following section:-
Section 10. (a) The department may issue certifications, licenses and permits to use pesticides to individuals in accordance with the standards and procedures contained in and established pursuant to this chapter. Each certification, license and permit issued pursuant to this section shall be valid only for the individual to whom it is issued, may not be transferred and shall not continue in force and effect after the death of the individual to whom it is issued. All certifications, licenses and permits shall be for a period not to exceed 1 year, unless sooner revoked or suspended.
(b) The department may authorize individuals to use pesticides in classifications as a certified commercial applicator, certified private applicator, permitted catch basin applicator or licensed applicator; provided, however, that the department shall require that all persons who are applicators of pesticides in public and private places used for human occupation and habitation, except residential properties with 3 or less dwelling units, shall be so certified, licensed or permitted with such special designation.
(c) The department may establish such categories and subcategories as it deems necessary to restrict or condition the scope of pesticide use permitted within each classification. The department may establish such standards and criteria, take such action and impose such requirements as it deems necessary to determine or redetermine levels of competence and experience to qualify for each classification and each category and subcategory.
(d) Each applicant for a certification, license or permit shall annually file with the department an application providing such information as the department may require and an application fee, not to exceed $20, as set by the department.
If an individual files an application with the department to renew a certification, license or permit, which is in effect on the date of the application for renewal, and pays the appropriate fee, such certification, license or permit shall be deemed to be in effect until: (i) 90 days have elapsed after the certification, license or permit was scheduled to expire; or (ii) the department notifies the applicant that the certification, license or permit has been renewed, modified or denied, whichever occurs first.
(e) The department may issue a certification, license or permit to an applicant if the department determines that the applicant satisfies the criteria established for that certification, license or permit and the category or subcategory for which the certification, license or permit is sought. Upon determination that the applicant has satisfied the criteria established for that certification, license or permit, the department shall immediately issue a temporary certification, license or permit to be valid until the applicant receives a permanent certificate, license or permit. The department may issue a certification, license or permit subject to such terms, conditions, restrictions and requirements as it deems necessary. The department may require that an applicant for a certification, license or permit obtain and maintain in effect a contract of liability insurance conforming to regulations established by the department.
(f) The department shall, prior to issuing a certificate, license or permit, evaluate each applicant to determine the applicant’s competence with respect to the use and handling of pesticides or to the use and handling of the pesticides or class of pesticides covered or to be covered by the individual’s certification, license or permit. The evaluation shall include such examinations as the department may require. Examinations may be taken only upon payment of a fee, not to exceed $10 for each examination given, as the department may require by regulation approved by the board. Each examination shall include an evaluation of the applicant’s competence with respect to the use of integrated pest management.
(g) The department may revoke, suspend, cancel or deny a certification, license or permit, or any class thereof, at any time, if it finds that: (i) the terms or conditions of the certification, license or permit are being violated or are inadequate to avoid unreasonable adverse impacts on the environment; (ii) the holder of or applicant for the certification, license or permit has violated any provision of this chapter, the Federal Insecticide, Fungicide and Rodenticide Act, or any regulation, standard, order, license, certification or permit issued thereunder; or (iii) the holder or applicant for the certification, license or permit is not competent with respect to the use and handling of pesticides or to the use and handling of the pesticides or class of pesticides covered by the individual’s certification, license or permit. Any person whose certification, license or permit is suspended or revoked under this section shall also be subject to such other punishment, penalties, sanctions or liabilities as may be provided by law. As part of its determination to refuse to grant, revoke or suspend a certification, license or permit, the department may specify a period, not to exceed 2 years, within which the applicant shall be prohibited from reapplying for a certification, license or permit, which may be waived or shortened at the discretion of the department.
(h) The department may appropriately license, certify or permit any person possessing a valid certification or license, or equivalent rating, issued by the pesticide control agency of another state or the federal government, whose standards for the issuance of such rating are not less stringent than those of the department; provided, however, that the pesticide control agency of that state extends similar privileges to persons so licensed, certified or permitted by the commonwealth. Any person so licensed, certified or permitted shall be subject to the annual fee requirements of this section.
(i) Notwithstanding subsection (f), the department may issue a catch basin larvicide applicator permit to an individual it deems competent with respect to the use, handling and application of catch basin larvicide treatments; provided, however, that the individual completes a department approved training and evaluation to determine competence with respect to the use and handling of mosquito larvicides.
(j) Each permitted catch basin applicator shall maintain true and accurate records of any larvicide application, which shall identify the following: the name of the applicator; the name of the city, town or political subdivision, and the location therein, where catch basins were treated; the date of the application; the method of the application; the total amount of larvicide applied per day; and the pesticide brand name and EPA registration number.
(k) The department may impose an administrative or civil penalty on a person who has not been issued either a temporary or permanent certification, license or permit from the department or who uses a pesticide in a public or private place used for human occupation and habitation, except residential properties with 3 or less dwelling units, of not more than $500 for a first offense and not more than $1,000 for a subsequent offense.
SECTION 6. Section 13 of said chapter 132B, as so appearing, is hereby amended by striking out, in line 4, the words “or license” and inserting in place thereof the following words:- , license or permit.
Approved, January 2, 2015.