Agriculture means the business, science, and art of cultivating and managing the soil, composting, growing, harvesting, and selling sod, crops and livestock, and the products of forestry, horticulture and hydroponics; breeding, raising, or managing livestock, including horses, poultry, fish, game and fur-bearing animals; dairying, beekeeping and similar activities, and equestrian events and activities.
Children’s facility means a building or part of a building which, as part of its function, is regularly occupied by children under the age of 6 years and is required to obtain a certificate of occupancy as a condition of performing that function. Children’s facility includes a child day care center, family day care home, nursery school, and kindergarten classroom.
Custom applicator means a person engaged in the business of applying pesticides.
Department means the Department of Environmental Protection.
Director means Director of the Department of Environmental Protection or the Director’s designee.
Garden means an area of land used to cultivate food crops, flowers, or other ornamental plants.
Lawn means an area of land, except agricultural land, that is:
(1) mostly covered by grass, other similar herbaceous plants, shrubs, or trees; and
(2) kept trim by mowing or cutting.
(1) a pesticide the active ingredients of which are recommended by the National Organic Standards Board (NOSB) pursuant to 7 U.S.C. § 6518, as amended, and published as the National List at 7 C.F.R. §§ 205.601 and 205.602; or
(2) 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).
Mulched recreation area means an area of land covered with natural or synthetic mulch or wood chips that is not a playground, but is open to the public for picnic or other recreation use.
Neonicotinoid means a class of neuro-active pesticides chemically related to nicotine. Neonicotinoid includes acetamiprid, clothianidin, dinotefuran, imidacloprid, nitenpyram, nithiazine, thiacloprid, and thiamethoxam.
Pest means an insect, snail, slug, rodent, nematode, fungus, weed, or other form of plant or animal life or microorganism (except a microorganism on or in a living human or animal) that is normally considered to be a pest or defined as a pest by applicable state regulations.
Pesticide means a substance or mixture of substances intended or used to:
(1) prevent, destroy, repel, or mitigate any pest;
(2) be used as a plant regulator, defoliant, or desiccant; or
(3) be used as a spray adjuvant, such as a wetting agent or adhesive.
However, pesticide does not include an antimicrobial agent, such as a disinfectant, sanitizer, or deodorizer, used for cleaning that is not considered a pesticide under any federal or state law or regulation.
Playground means an outdoor children’s play area that is on the premises of a children’s facility, school, apartment building or complex, common ownership community, or park. Playground includes a mulched path that is used to enter a children’s play area.
(1) an athletic field maintained by the Montgomery County Department of Parks; or
(2) an area of land on private property maintained exclusively for sporting use.
Private lawn application means the application of a pesticide to a lawn on property owned by or leased to the person applying the pesticide. Private lawn application does not include:
(1) applying a pesticide for the purpose of engaging in agriculture; or
(2) applying a pesticide around or near the foundation of a building for the purpose of indoor pest control.
Registered pesticide means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to FIFRA for use in lawn, garden and ornamental sites or areas.
Vector or disease vector means an animal, insect, or microorganism that carries and transmits an infectious pathogen into another organism.
Waterbody means waters located within the County that are:
(1) subject to the ebb and flow of the tide; or
(2) free flowing, unconfined. and above-ground rivers, streams or creeks. (1986 L.M.C., ch. 38, § 1; ; § 1; , § 1.)
Editor’s note—In Complete Lawn Care, Inc., et al. v. Montgomery County, Md., (Cir. Ct. Montgomery Cty. Aug. 3, 2017) Nos. 427200V & 427253V, the court enjoined enforcement of 2015 L.M.C., ch. 46 (Bill 52-14) as it regards to use of pesticides on private property because it is preempted by, and in conflict with, the state pesticide law.
