Montgomery County Lawn Care Law status as of 07-10-19

1. Montgomery County, MD’s
Pesticide Law
Montgomery County Code Chapter 33B
(Updated July 10, 2019)

2. Montgomery County’s Pesticide Law
• This presentation provides an overview of the new provisions of Chapter 33B
of the Montgomery County Code, which include requirements related to the
use of pesticides on certain properties.
• The Department is advising all property owners and lawn care businesses, as
well as retailers of pesticides for use on lawns, to immediately implement the
applicable provisions of Chapter 33B.
• The County will be undertaking an extensive outreach and education
campaign to inform residents and businesses about the requirements of the
law. The latest information about the law, as well as resources related to
organic lawn care, are available on the Department of Environmental
Protection website at montgomerycountymd.gov/lawns.
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3. • The law defines “Listed Pesticides” and “Registered Pesticides”
• Only Listed Pesticides may be used on lawns; publicly accessible playgrounds
or mulched recreation areas; or the grounds of private children’s facilities.
• Registered Pesticides may not be used on lawns; publicly accessible
playgrounds or mulched recreation areas; or the grounds of private children’s
facilities.
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What’s new for:
property owners and lawn care providers

4. • Listed pesticide means:
– a pesticide the active ingredients of which are recommended by the National
Organic Standards Board (NOSB) and published as the National List at 7 C.F.R.
§§205.601 and 205.602
– a pesticide designated a “minimum risk pesticide” under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) §25(b) and listed in 40 C.F.R. §152.25(f)
• Any product with one of these labels is a Listed Pesticide and may be used on
regulated property:
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What’s new for:
property owners and lawn care providers
Product is exempt
from EPA registration
under FIFRA 25(b)

5. • Registered pesticides are registered by the U.S. Environmental Protection
Agency (EPA) and labeled pursuant to FIFRA.
• Any product with an EPA Registration Number is a Registered Pesticide and
may not be used on regulated property. The EPA Registration Number will
appear near the ingredient list for the product:
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What’s new for:
property owners and lawn care providers

6. What’s new for:
property owners and lawn care providers
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• The law allows for the use of Registered Pesticides to:
• control weeds as defined in County Code Chapter 58, Weeds
• control invasive species as adopted under this law (Lesser celandine,
chameleon plant/Houttoynia, wavyleaf basketgrass, Japanese
knotweed/Fallopia )
• control disease vectors
• control biting or stinging insects or stinging plants
• control organisms that threaten the health of trees or shrubs
• maintain property as part of a utility vegetation management program
• control indoor pests, if applied around or near the foundation of a building
• control pests while engaged in agriculture
• control a pest outbreak that poses an imminent threat to human health or
prevent significant economic damage if a registered pesticide is not used

7. What’s new for:
property owners and lawn care providers
• State law requires licensed pesticide applicators post signs after treating a
lawn with a pesticide. This provision applies even when a Listed Pesticide is
used.
• Chapter 33B now extends this requirement to anyone applying a pesticide,
including a homeowner.
• DEP is developing a sign to that can be used when a Listed Pesticide is applied
to avoid any confusion about the legality of the application.
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8. What’s new for:
retailers of pesticides
• Retailers are required to display signage, approved by DEP, in each area of the
establishment where registered pesticides are sold.
• The signage must inform buyers of the County law on the use of registered
pesticides on lawns, including options that are permissible for lawn
application under the law. The County will help develop these materials.
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9. How to file a complaint
• Complaints about potential violations of Chapter 33B may be filed via the
County’s Customer Service Center:
– By telephone by dialing 311 (within the County) or 240-777-0311
– On-line at montgomerycountymd.gov/mc311 (enter the keyword “pesticide” and
click on the link entitled “Pesticide Law”)
• Please have the following information to share:
– Date and time the violation was observed
– Address where the violation occurred
– Information about any company or vehicle involved
– The nature of the violation
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Questions?
Visit
montgomerycountymd.gov/lawns
or email
AskDEP@montgomerycountymd.gov