Pesticide Applications - Subscription Contract Requirements and Registry Establishment

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1237*

HOUSE BILL 1237
M4 6lr3096

By: Delegates Ruth, Healey, Lehman, and Terrasa
Introduced and read first time: February 11, 2026
Assigned to: Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

Pesticide Applications – Subscription Contract Requirements and Registry 2
Establishment 3

FOR the purpose of establishing certain requirements for a pesticide business licensee that 4
has a subscription contract for pest control with a residential customer; requiring 5
the Department of Agriculture to establish a Residential Pollinator Protection and 6
Neighbor Notification Registry for the purpose of registering certain individuals who 7
are interested in receiving notice of certain pesticide applications; requiring the 8
Department to prepare a certain list from the Registry and distribute the list to 9
certain licensees; requiring certain licensees and pesticide applicators to take certain 10
actions before and during a pesticide application to a property contiguous or adjacent 11
to the property of a registered individual; and generally relating to pesticide 12
applications. 13

BY repealing and reenacting, with amendments, 14
Article – Agriculture 15
Section 5–208 16
Annotated Code of Maryland 17
(2016 Replacement Volume and 2025 Supplement) 18

BY adding to 19
Article – Agriculture 20
Section 5–208.2 21
Annotated Code of Maryland 22
(2016 Replacement Volume and 2025 Supplement) 23

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 24
That the Laws of Maryland read as follows: 25

Article – Agriculture 26

2 HOUSE BILL 1237

5–208. 1

(a) When a pesticide is applied, or at the time a customer enters into a contract 2
with a licensee for pest control, a licensee shall provide a customer with the following 3
written information: 4

(1) Name of licensee; 5

(2) Maryland pesticide business license number; 6

(3) Telephone number of licensee; 7

(4) Common name of pesticide or active ingredient applied; 8

(5) Pertinent safety information, as determined by the Department, 9
including health risks for humans and animals, about pesticide in the end –use dilution 10
applied; 11

(6) Maryland Poison Center telephone number; and 12

(7) Any other information required by the Department. 13

(b) Upon the customer’s request, the licensee shall provide the customer with 14
advance notice of a pesticide application. 15

(c) A LICENSEE THAT HAS A SUBSCRIPTION CONTRACT FOR PEST CONTROL 16
WITH A RESIDENTIAL CUSTOMER SHALL: 17

(1) INSPECT THE CUSTOMER ’S PROPERTY BEFORE EA CH PESTICIDE 18
APPLICATION; 19

(2) MAKE A GOOD FAITH EFF ORT TO COMMUNICATE TO THE 20
CUSTOMER, BY TELEPHONE OR IN P ERSON, THE INSPECTION FINDI NGS AND 21
RECOMMENDATIONS BASE D ON THE FINDINGS , INCLUDING ANY 22
RECOMMENDATIONS REGA RDING NONCHEMICAL IN TERVENTIONS SUCH AS 23
SANITATION OR STRUCTURAL REPAIR; 24

(3) IF CHEMICAL PEST CONTROL METHODS ARE NEEDED , 25
RECOMMEND THE LEAST TOXIC ALTERNATIVE THAT WILL BE EFFECTIVE FOR THE 26
TARGETED PESTS; AND 27

(4) DOCUMENT THE RESULTS OF THE I NSPECTION, THE 28
RECOMMENDATIONS, AND ANY COMMUNICATIO NS WITH THE CUSTOMER IN THE 29
RECORDS REQUIRED BY THE DEPARTMENT. 30

HOUSE BILL 1237 3

(D) (1) A licensee or public agency permittee applying a pesticide to a lawn or 1
to exterior landscape plants shall post at the time of application a sign. 2

(2) The sign shall remain 48 hours following the pesticide application, after 3
which time the customer is responsible for the removal of the sign. 4

(3) (i) A person may not remove, alter, or deface the sign or agre e or 5
conspire with another to remove, alter, or deface the sign within 48 hours of its posting. 6

(ii) The customer or licensee may not be held liable for any penalty 7
for sign removal under this subtitle if the sign is removed by another person or cause over 8
which the customer or licensee has no control. 9

(4) The sign shall: 10

(i) Be clearly visible either from the principal place of access to the 11
property; or 12

(ii) Be clearly visible on the portion of the property where the 13
pesticide is applied. 14

(5) The sign shall contain a uniform statement approved by the 15
Department. 16

[(d)] (E) Before applying an experimental use pesticide, the holder of the 17
required experimental use permit from the U.S. Environmental Protection Agency shall 18
provide the Department with the following information: 19

(1) Name of cooperator; 20

(2) Location of planned application or treatment; 21

(3) Name of active ingredient of pesticide; 22

(4) Purpose of application or use; 23

(5) Total acreage being affected by application; 24

(6) Toxicological profile of pesticide; and 25

(7) Any other information required by the Department. 26

5–208.2. 27

(A) IN THIS SECTION, “REGISTRY” MEANS THE RESIDENTIAL POLLINATOR 28
PROTECTION AND NEIGHBOR NOTIFICATION REGISTRY. 29
4 HOUSE BILL 1237

(B) THE DEPARTMENT SHALL ESTABLISH A RESIDENTIAL POLLINATOR 1
PROTECTION AND NEIGHBOR NOTIFICATION REGISTRY FOR THE PURPOSE OF 2
REGISTERING INDIVIDU ALS RESIDING IN RESIDENT IAL AREAS WHO ARE 3
INTERESTED IN RECEIVING NOTICE OF PESTICIDE APPLICATIONS ON CONTIGUOUS 4
OR ADJACENT PROPERTIES. 5

(C) (1) AN INDIVIDUAL MAY APPLY FOR INCLUSION IN THE REGISTRY BY 6
COMPLETING A REGISTRATION FORM PROVIDED BY THE DEPARTMENT. 7

(2) THE REGISTRATION FORM SHALL, AT A MINIMUM: 8

(I) REQUIRE THE APPLICANT TO PROVIDE THE NAME, STREET 9
ADDRESS, AND TELEPHONE NUMBER OF THE APPLICANT AND OF EACH CONTIGUOUS 10
OR ADJACENT PROPERTY OWNER; AND 11

(II) INCLUDE CHECKBOXES TO DESIGNATE: 12

1. WHETHER ANY MEMBER OF THE APPLICANT ’S 13
HOUSEHOLD HAS A PEST ICIDE SENSITIVITY OR SHOULD NOT BE EXPOSE D TO A 14
PESTICIDE BECAUSE OF A CURRENT DIAGNOSED CONDITION OR AILMENT; 15

2. WHETHER PETS OR DOMES TIC ANIMALS RESIDE O N 16
THE APPLICANT’S PROPERTY; AND 17

3. WHETHER THE APPLICANT’S PROPERTY INCLUDES A 18
POLLINATOR GARDEN OR OTHER WILDLIFE HABITAT. 19

(3) (I) THE DEPARTMENT SHALL REQUIRE REGISTRATIONS TO BE 20
RENEWED ANNUALLY, ON OR BEFORE A DATE DETERMINED BY THE DEPARTMENT. 21

(II) THE DEPARTMENT MAY EXTEND OR MAKE EXCEPTIONS TO 22
THE REGISTRATION DEADLINE FOR REASONABLE CAUSE. 23

(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION , 24
THE DEPARTMENT MAY CHARGE A REASONABLE REGISTR ATION FEE TO AN 25
APPLICANT FOR INCLUSION IN THE REGISTRY. 26

(2) THE FEE SHALL BE ESTABLISHED IN REGULATION AND SHALL BE 27
DESIGNED TO COVER TH E COSTS TO THE DEPARTMENT OF IMPLEME NTING THIS 28
SECTION. 29

HOUSE BILL 1237 5

(3) THE DEPARTMENT SHALL WAIVE THE REGISTRATION FEE FOR AN 1
INDIVIDUAL WHO PROVI DES DOCUMENTATION DEMONSTRATING THAT T HE 2
INDIVIDUAL OR A MEMB ER OF THE INDIVIDUAL ’S HOUSEHOLD SHOULD N OT BE 3
EXPOSED TO PESTICIDES DUE TO A PESTICIDE SENSITIVITY OR OTHER DIAGNOSED 4
CONDITION OR AILMENT. 5

(E) (1) THE DEPARTMENT SHALL PREPARE FROM THE REGISTRY A LIST 6
OF: 7

(I) INDIVIDUALS WHO HAVE REGISTERED WITH THE 8
DEPARTMENT UNDER SUBSECTION (C) OF THIS SECTION; AND 9

(II) PROPERTY OWNERS WHO A RE CONTIGUOUS OR ADJACENT 10
TO THE REGISTERED INDIVIDUALS AND WHO MAY CONTRACT FOR PEST CONTROL. 11

(2) THE LIST SHALL INCLUDE NOTICE OF WHETHER THE REGISTERED 12
INDIVIDUAL HAS INDIC ATED THE PRESENCE OF A DOMESTIC ANIMAL OR 13
POLLINATOR GARDEN ON THE INDIVIDUAL’S PROPERTY. 14

(3) AT A FREQUENCY DETERM INED BY THE DEPARTMENT, BUT AT 15
LEAST ONCE PER YEAR , THE DEPARTMENT SHALL DISTRIBUTE THE LIST TO E ACH 16
LICENSEE. 17

(F) (1) THE DEPARTMENT SHALL IDENTIFY THE PEST CONTROL 18
CATEGORIES TO WHICH THE REQUIREMENTS OF THIS SUBSECTION APPLY. 19

(2) THIS SUBSECTION DOES NOT APPLY TO PESTICIDE APPLICATIONS 20
ON AGRICULTURAL LAND , REGARDLESS OF WHETHE R THE LAND INCLUDE S A 21
RESIDENCE. 22

(3) BEFORE MAKING A PESTI CIDE APPLICATION TO A PROPERTY 23
CONTIGUOUS OR ADJACENT TO THE P ROPERTY OF A REGISTE RED IN DIVIDUAL, A 24
LICENSEE SHALL NOTIFY THE INDIVIDUAL: 25

(I) BY TELEPHONE THE DAY BEFORE, OR THE MORNING OF , A 26
PLANNED PESTICIDE APPLICATION; OR 27

(II) IN PERSON, OR BY A WRITTEN NOTI CE DELIVERED TO THE 28
RESIDENCE OF THE INDIVIDUAL, BEFORE THE PESTICIDE IS APPLIED TO A 29
CONTIGUOUS OR ADJACENT PROPERTY. 30

6 HOUSE BILL 1237

(4) ON REQUEST, A LICENSEE OR PUBLIC AGENCY PERMITTEE SHALL 1
PROVIDE AN INDIVIDUAL NOTIFIED UNDER THIS SUBSECTION WITH THE FOLLOWING 2
WRITTEN INFORMATION: 3

(I) THE NAME OF THE LICENSEE; 4

(II) THE LICENSEE’S MARYLAND PESTICIDE BUSINESS LICENSE 5
NUMBER; 6

(III) THE TELEPHONE NUMBER OF THE LICENSEE; 7

(IV) THE COMMON NAME OF TH E PESTICIDE OR ACTIV E 8
INGREDIENT TO BE APPLIED AND THE EPA REGISTRATION NUMBER; AND 9

(V) ONE OF THE FOLLOWING: 10

1. AN ORIGINAL OR A LEGI BLE COPY OF THE CURR ENT 11
PESTICIDE PRODUCT LABEL; 12

2. AN ORIGINAL OR A LEGI BLE COPY OF THE PORTION 13
OF THE CURRENT PESTI CIDE PRODUCT LABEL C ONTAINING PRECAUTION ARY 14
STATEMENTS REGARDING HAZARDS TO HUMANS OR ANIMALS AND ENVIRONMENTAL 15
HAZARDS, IF ANY; OR 16

3. A DOCUMENT CONTAINING APPROPRIATE HEALTH , 17
SAFETY, OR PRECAUTIONARY INF ORMATION THAT HAS BE EN TAKEN FROM THE 18
PESTICIDE LABEL AND APPROVED BY THE DEPARTMENT BEFORE DISTRIBUTION. 19

(5) (I) WHEN MAKING A PESTICIDE APPLICATION TO A PROPERTY 20
CONTIGUOUS OR ADJACENT TO THE PROPERTY OF A REGISTERED INDIVIDUAL WHO 21
HAS INDICATED THE PR ESENCE OF A DOMESTIC ANIMAL OR POLLINATOR GARDEN 22
ON THE INDIVIDUAL ’S PROPERTY , THE PESTICIDE APPLIC ATOR SHALL EXERCISE 23
PARTICULAR CARE TO AVOID APPLYING PESTICIDE NEAR THE POLLINATOR GARDEN 24
OR DOMESTIC ANIMAL O R ALLOWING ANY PESTI CIDE DRIFT TO CONTAM INATE A 25
POLLINATOR GARDEN OR DOMESTIC ANIMAL. 26

(II) THE PESTICIDE APPLICATOR SHALL DOCUMENT THE 27
MEASURES TAKEN UNDER THIS PARAGRAPH AND INCLUDE THE DOCUMENTATION IN 28
THE RECORDS REQUIRED BY THE DEPARTMENT. 29

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 30
October 1, 2026. 31