‘An Act To Require a Commercial Applicator's License To Use Pesticides in Licensed Food and Eating Establishments’
| HP0650 LD 861 |
First Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF |
LR 728 Item 2 |
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| Bill Tracking | Chamber Status | ||
Amend the bill by striking out the title and substituting the following:
‘An Act To Require a Commercial Applicator's License To Use Pesticides in Licensed Food and Eating Establishments’
Amend the bill by inserting before section 1 the following:
‘Sec. 1. 22 MRSA §1471-C, sub-§5, as amended by PL 1987, c. 243, §1, is further amended to read:
Amend the bill in section 1 by striking out all of subsection 5-A (page 1, lines 4 to 7 in L.D.) and inserting the following:
(1) The establishment is ancillary to the production of an agricultural commodity;
(2) The owner or an employee of that establishment is certified as a private applicator under section 1471-D, subsection 2; and
(3) The property is not open to the public.
Amend the bill by striking out all of section 2 and inserting the following:
‘Sec. 2. 22 MRSA §1471-D, sub-§2-C is enacted to read:
Notwithstanding Title 7, section 610, subsection 6, rules adopted pursuant to this section to provide exemptions from licensing or reduced licensing requirements are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 3. Directive to amend rules known as the Maine Food Code. Within 180 days of the effective date of this Act, the Department of Agriculture, Food and Rural Resources and the Department of Health and Human Services shall amend the rules adopted by those departments under the Maine Revised Statutes, Title 22, chapters 551 and 562, respectively, and known as the Maine Food Code, to reflect the statutory restrictions on pesticides applications imposed by this Act.’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment is the majority report of the committee. The minority report is Ought Not To Pass.
It clarifies that only food establishments and eating establishments required to be licensed are being required to use a commercial applicator for pesticides in nonpublic areas. It uses existing statutory definitions for "food establishment" and "eating establishment." It clarifies that the State Board of Pesticides Control's rules to provide exemptions or reduced licensing requirements for certain applications are routine technical rules. It directs the departments with licensing authority and inspection responsibilities for food establishments and eating establishments to amend their rules to reflect these changes.
It provides an exception to the requirement that pesticides be applied by a commercial applicator when the licensed establishment is ancillary to an agricultural business, the owner or an employee of the establishment is certified as a private applicator and the pesticides are not being applied in an area open to the public.