LD 1890
pg. 20
Page 19 of 25 An Act To Make Revisions to the Laws Governing Pesticide Control Page 21 of 25
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LR 2618
Item 1

 
subchapter, and the board contemplates instituting criminal
proceedings against any person, the board shall cause appropriate
notice to be given to such that person in a manner consistent
with the Maine Administrative Procedure Act. Any The board shall
provide any person so notified shall be given an opportunity for
a hearing in a manner consistent with the Maine Administrative
Procedure Act as to Act's provisions governing adjudicatory
proceedings. If thereafter in the opinion of the board it appears
that the provisions of this subchapter or regulations rules
adopted thereunder under this subchapter have been violated by
such that person, the board shall refer a copy of the results of
the analysis or the examination of such pesticide or device to
the attorney for the district in which the violation occurred.

 
2. Minor violations. Nothing in this subchapter shall may be
construed as requiring the board to report minor violations of
this subchapter for prosecution or for the institution of
condemnation proceedings when the board believes that the public
interest will be served best by a suitable notice of warning in
writing.

 
3. Repeated violations. The board shall record all
violations of this chapter subchapter and Title 22, chapter 258-
A, including the name of the owner of the land on which the
pesticides were intended to be applied, the name of the licensed
pesticides applicator and the name of the person who contracted
the pesticide application services. The board shall identify
persons who repeatedly violate provisions relating to pesticide
use and recommend to the Attorney General methods to prevent
these repeated further violations by those persons.

 
Sec. 12. 7 MRSA §612, as amended by PL 1989, c. 878, Pt. E, §11, is
further amended to read:

 
§612. "Stop sale, use or removal" order

 
When the board has reasonable cause to believe a pesticide or
device is being distributed, stored, transported or used in
violation of any of the provisions of this subchapter or of any
of the prescribed regulations under rules adopted pursuant to
this subchapter, it may issue and serve a written "stop sale, use
or removal" order upon the owner or custodian of any such that
pesticide or device. If the owner or custodian is not available
for service of the order, the board may attach the order to the
pesticide or device and notify the owner or custodian and the
registrant. The pesticide or device shall may not be sold, used
or removed until the provisions of this subchapter have been
complied with and the pesticide or device has been released in
writing under conditions specified by the board or the violation
has been otherwise disposed of as provided in this subchapter by


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