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BPC Works on Pesticide Notification Registry Report for Legislature
Pesticide Application Rule Violations

BPC Works on Pesticide Notification Registry Report for Legislature

At the end of its last session, the Maine Legislature tasked the Maine Board of Pesticides Control (BPC) with answering several questions about the new comprehensive notification registry for pesticide applications made with aerial and air carrier equipment and reporting back by February 2011.

One question concerned the effectiveness of the public awareness campaign regarding the registry. A Portland-based survey firm contracted by the BPC found that 18 percent of the Maine residents surveyed were aware of registry.

The board was also asked to report on the feasibility and advisability of requiring land managers to post signs on properties where pesticides are applied. Board members do not seem to agree about what to report to the Legislature on this topic, although they seem to have some agreement that posting signs is unreasonable and unnecessary in some areas, such as secluded areas where nobody would read them. MOFGA believes that signage can be a means of preseason notification, a way to make people aware of the registry, and a way for people to be aware of pesticide applications in areas they frequent or pass through. At its public information gathering sessions, the BPC received comments for and against requiring land managers to post signage. The board’s standing on this issue seems to be up in the air for now.

For updates on BPC activity or to sign up for the registry, visit www.thinkfirstspraylast.org or email henry.jennings@maine.gov.


Pesticide Application Rule Violations

Maine statutes require all dealers of general use pesticides to maintain a General Use Pesticide Dealer License. At its July meeting the BPC unanimously approved a consent agreement with J. L. Hayes & Company Inc. Agway in Auburn for failing to maintain its license for 2008 through 2010, when the violation was discovered. J.L. Hayes & Company was fined $160 for the violation.

Likewise, Petro’s Ace Hardware, also in Auburn, was cited for selling pesticides without a license. In both cases the license expired at the end of 2007 and the businesses continued to sell pesticides through April 2010. The fine in this case was also $160.

At its August meeting the BPC unanimously approved a consent agreement for a violation of the existing (non-agricultural) pesticide notification registry. In this case, someone on the registry observed an herbicide being applied on his neighbor’s property, and he had not received notification. The BPC determined that the applicator, Warren Mathisen of Advantage Landscaping in Portland, applied Roundup Herbicide, was unlicensed and was unaware of the notification registry. The fine levied in this case was $500.

On June 28, an employee of Mainely Grass Inc., of Kennebunkport, applied pesticides to the wrong property after relying on GPS to arrive at the correct address. The GPS gave the correct number, but the applicator was on the wrong street. He failed to check the electric meter to positively identify the site and applied Allectus 0.225 Insecticide Plus Fertilizer and Lesco Three-Way Selective Herbicide to turf. The company owner reported the error himself and was fined $1,200.

At its October meeting the BPC unanimously approved a consent agreement with Tailor Done Lawn Care, Inc., of Old Orchard Beach. In this case a caller reported to the BPC that the company owner, Craig Pooler, was making unlicensed pesticide applications at a condominium complex in Scarborough. Pooler initially denied applying the pesticides, but an inspection and sampling showed that glyphosate, the active ingredient in Roundup Herbicide, was present. Pooler then admitted making the application and was fined $600.

– Katy Green



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