Title 8 — Environmental and Animal Control and Protection.

As used in this subchapter: (a) The term “active ingredient” means: (1) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest; (2) In the case of a plant regulator, an ingredient wh…

(a) Only those compounds that are registered with the Pesticide Registration Division of the Environmental Protection Agency shall be manufactured, sold, shipped, used, or applied in the District of Columbia, and they shall be used only in the manner or manners specified and appr…

(1) No person shall purchase, use, or supervise the use of any restricted use pesticide unless he is licensed by the Mayor in accordance with this chapter and the rules and regulations promulgated thereto, except that a registered employee may purchase and use such pesticides und…

(a) Before a pesticide is applied, the pesticide operator shall provide the customer with the following written information: (1) Name of pesticide operator; (2) Name of pesticide applicator applying pesticides if different from that of the operator; (3) District of Columbia pesti…

At least 24 hours, and not more than 7 days, before the application of pesticides on a multi-unit property, the owner of the property shall provide each resident and tenant of the property that will be treated with the information listed in § 8-403.01 by: (1) Delivering the infor…

(a) Any person applying pesticides to a lawn or to exterior landscape plants shall post at the time of application a sign containing a uniform statement approved by the Mayor. (b) The sign shall remain for 48 hours following the pesticide application, after which time the propert…

(a) If a pesticide designated by the Mayor as reduced-risk pursuant to subsection (b) of this subsection is applied, the operator shall indicate on the customer notice provided in § 8-403.01(a)(9) that the customer has selected a reduced-risk pesticide. (b) Within 6 months of Jun…

A certified applicator or registered technician, before applying a restricted-use pesticide outside the confines of an enclosed structure, shall take reasonable actions to give notice of the date and approximate time of any such pesticide application to property that abuts the pr…

(a) No person, except those acting as a private applicator or licensed as a commercial applicator, public applicator, or registered technician shall apply any pesticide in the District for a fee. (b) The application to become a licensed registered technician shall be made in writ…

(a) No person shall act in the capacity of, or advertise as, or assume to act as a pesticide dealer at any time unless he is licensed by the Mayor in accordance with this subchapter and the rules and regulations promulgated pursuant thereto. (b)(1) The Mayor shall provide for the…

(a) No person shall act in the capacity of a pesticide operator, or advertise as or assume to act as a pesticide operator at any time unless he is licensed by the Mayor in accordance with this subchapter and the rules and regulations promulgated pursuant thereto. (b) Application …

(a) The Mayor shall not issue a pesticide operator’s license until the applicant has furnished evidence of financial responsibility in the form of liability insurance for the protection of persons who may suffer damages as a result of the operations of the applicant. (b) The amou…

(a) Except as otherwise provided, all District and other governmental agencies shall be subject to the provisions of this subchapter and to all rules and regulations promulgated pursuant thereto concerning the application of pesticides. (b) Public applicators for District and oth…

(a) Commercial applicators and pesticide operators shall maintain records containing the information the Mayor may promulgate by regulation. (b) Pesticide dealers shall maintain records containing such information as the Mayor shall promulgate by regulation to adequately identify…

(a) In denying a license or certificate, or before revoking, modifying, or suspending a license or certificate, the Mayor shall notify the applicant, licensee, or certificate holder in writing of the proposed action and the basis therefor. The grounds upon which the Mayor may den…

(a)(1) The Mayor shall administer and enforce the provisions of this chapter, and is authorized to promulgate, rescind, and amend regulations, after a public hearing following due notice in conformance with the provisions of subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.],…

(a) For the purpose of carrying out the provisions of this chapter, the Mayor may enter upon any public or private land in a reasonable and lawful manner during normal business hours for purposes of sampling, inspection, and observation. (b) If denied access to any land, the Mayo…

The Mayor may require the reporting of significant pesticide accidents or incidents to a designated District agency.

No person shall transport, store, or dispose of any pesticide or pesticide container in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects, or as to pollute any waterway in a way harmful to any wildlife therein. The Mayor shall …

The Mayor may waive all or part of any applicator certification examination required by this chapter and issue a license to a nonresident of the District of Columbia who is certified by a state under a certification plan that has been approved by the Administrator and which is su…

The Mayor may cooperate, receive grants-in-aid, and enter into agreements with any agency of the Federal Government or the District, or with any agency of a state, to obtain assistance in the implementation of this chapter, or in the enforcement of the FIFRA.

It shall be unlawful for any person to: (a) Make a pesticide recommendation or use a pesticide in a manner inconsistent with the labeling thereof, or in violation of the restrictions imposed by the Environmental Protection Agency or the Mayor on the use of that pesticide; (b) Fal…

(a) A person violating a provision of this subchapter or of a rule or regulation promulgated pursuant thereto, shall be fined according to the schedule set forth in Chapter 32 of Title 16 of the District of Columbia Municipal Regulations, or be imprisoned for not more than 90 day…

If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this chapter and applicability thereof to other persons and circumstances shall not be affected the…

For the purposes of this subchapter, the term: (1) “Agriculture” means land whose primary purpose and use is to raise crops. (2) “Child-occupied facility” means a building or portion of a building which, as part of its function, receives children under the age of 6 years on a reg…

(a) The Department shall create and maintain lists of pesticides classified as District restricted-use or non-essential. (b) The Department shall, through regulations, designate as non-essential a pesticide that is non-critical to pest management in the District. (1) Critical pes…

(a) No person or entity shall apply non-essential pesticides to schools, child-occupied facilities, waterbody-contingent property, or District property, except as provided in § 8-434. (b) The Department may establish restrictions for District restricted-use pesticides when they a…

(a) Section 8-433 shall not apply to the use of a pesticide for the purpose of improving or maintaining water quality at: (1) Drinking water treatment plants; (2) Wastewater treatment plants; (3) Reservoirs and swimming pools; and (4) Related collection, distribution, and treatme…

[Not funded].

[Not funded].

Pesticide applicators shall submit to the Department records of pesticide applications to property in the District on an annual basis in a form that the Department shall prescribe; provided, that applications of minimum-risk and reduced-risk pesticides are exempt from this requir…

The Department shall set a pesticide registration fee of at least $200.

(a) There is established as a special fund the Pesticide Registration Fund (“Fund”), which shall be administered by the Department in accordance with subsection (c) of this section. (b) The Fund shall consist of revenue from fees collected pursuant to § 8-438 and other pesticide …

(a) A violation of this subchapter shall be a civil infraction for purposes of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective July 16, 1985 (Law 6-42; D.C. Code § 2-1801.01 et seq.) (“Civil Infractions Act”). Civil fines, penalties, and…

(a) Within 570 days of October 23, 2012, the Mayor shall issue rules to implement the provisions of §§ 8-431 through 8-439. (b) For rules issued pursuant to § 8-432, the Department shall afford great weight to the decisions made pursuant to section 18 of the FIFRA [7 U.S.C. § 136…