The registration, distribution and use of plant-incorporated protectants are subject to the following limitations and conditions:
A.Definitions "Plant-incorporated protectant" means a pesticidal substance that is intended to be produced and used in a living plant, or in the produce thereof, and the genetic material necessary for the production of such a pesticidal substance.
B.License RequiredNo person shall distribute any plant-incorporated protectant without either a general use pesticide dealer license or a (restricted or limited use) pesticide dealer license from the Board.
C.Dealer Requirements Dealers distributing plant-incorporated protectants are subject to the following requirements:
I. General use and (restricted or limited use) pesticide dealers shall notify the Board of their intent to distribute plant-incorporated protectants on all initial license and license renewal application forms provided by the Board.II. General use and (restricted or limited use) pesticide dealers shall maintain sales records showing the list of the names and addresses of all purchasers of plants, plant parts or seeds containing plant-incorporated protectants. These records must be made available to representatives of the Board for inspection at reasonable times, upon request, and must be maintained for two calendar years from the date of sale.III. Any general use and (restricted or limited use) pesticide dealer who discontinues the sale of plant-incorporated protectants shall notify the Board in writing and shall provide the Board, upon request, with all records required by Section 5(C) II of this chapter.D.Grower RequirementsI. All users of plant-incorporated protectants shall maintain the records listed below for a period of two years from the date of planting. Such records shall be kept current by recording all the required information on the same day the crop is planted. These records shall be maintained at the primary place of business and shall be available for inspection by representatives of the Board at reasonable times, upon request.a. Site and planting information, including town and field location, a map showing crop location and refuge configuration in relation to adjacent crops within 500 feet that may be susceptible to cross-pollination;b. Total acres planted with the plant-incorporated protectant and seeding rate;c. Total acres planted as refuge and seeding rate;d. Detailed application information on any pesticide applied to the refuge as described in Section 1(A) of Chapter 50, "Record Keeping and Reporting Requirements"; ande. Planting information for each distinct site including: i. date and time of planting; andii. brand name of the plant-incorporated protectant used.II. There are no annual reporting requirements for growers.E.Product-Specific RequirementsI. Requirements for plant-incorporated protectant corn containing Bacillus thuringiensis (Bt) protein and the genetic material necessary for its production.a. Prior to planting plant-incorporated protectant corn containing any Bacillus thuringiensis (Bt) protein and the genetic material necessary for its production, the grower must have completed a Board-approved training course and possess a valid product-specific training certificate.b. Product-specific training certificates shall be issued following each Board-approved session. The certificates will remain valid until December 31 of the third year after issuance.c. Non-Bt-corn growers whose crops are or will be located within 500 feet of a prospective Bt-corn planting site can request that the Bt-corn grower protect the non-Bt-corn crop from pollen drift. i. the request must be made prior to planting of the Bt-corn crop;ii. the request must identify the non-Bt-corn crop to be protected; and iii. the growers may agree on any method for protection but, if an agreement cannot be reached, 1. the Bt-corn grower must plant any refuge required by the Bt-corn grower agreement, grower guide or product label in a configuration that provides maximum protection from pollen drift onto the adjacent non-Bt-corn crop; or2. if no refuge is required, the Bt-corn grower shall maintain at least a 300-foot Bt-corn-free buffer to non-Bt-corn crops.d. Bt-corn growers are encouraged to follow all best management practices developed by the Board or the Department of Agriculture, Conservation and Forestry.II. Dealers distributing Bt-sweet corn shall only sell the seed in quantities large enough to plant one acre or more.F.Confidentiality Any person providing information to the Board in connection with the record-keeping and reporting requirements of Section 5 of this chapter may designate that information as confidential in accordance with 7 M.R.S.A. §20.
01-026 C.M.R. ch. 41, § 5