A person who sells at retail a pesticide or material that contains a pesticide must:
(a) make available to a person who buys the pesticide or material that contains a pesticide:
(1) notice signs and supporting information that are approved by the Department;
(2) the product label or other information that FIFRA requires for sale of the pesticide; and
(3) materials approved or distributed by the Department that:
(A) explain the dangers of contamination that may occur from pesticide use; and
(B) inform buyers of the availability of alternative products; and
(b) display a sign or signs in each area of the retail establishment where registered pesticides are available to consumers, with language approved by the Department, that:
(1) informs buyers of the County law on the use of registered pesticides on lawns; and
(2) identifies pest control options that are permissible for lawn application under the law.
The Department must enforce this Section and must annually inspect each person who sells at retail a pesticide or material that contains a pesticide. (1986 L.M.C., ch. 38, § 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. Section 33B-3(b) is new language added by Bill 52-14.
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