Pesticides - PFAS Chemicals - Prohibitions
HB 386 creates a new section of Maryland agriculture law addressing pesticides that contain PFAS chemicals, a class of fluorinated chemicals commonly referred to as “forever chemicals.” The bill requires the Department of Agriculture to identify and maintain a list of registered pesticides whose labeling lists PFAS chemicals as an active ingredient, post that list on its website, and distribute it to certified applicators. It also authorizes the Department, in consultation with the Maryland Department of Health, to add additional PFAS chemicals to the definition based on new health data and the availability of alternatives.
The bill phases in restrictions on PFAS pesticides over several years. Beginning June 1, 2032, PFAS pesticides may not be used at health care facilities, schools, day care operations, for residential lawn care, or for commercial mosquito spraying. Beginning June 1, 2032, the Department may not register PFAS pesticides for sale in Maryland, and beginning June 1, 2032, no person may use a PFAS pesticide anywhere in the State. The bill takes effect October 1, 2025, and amends the Agriculture Article to add these registration, notice, and use restrictions.
HB 386 adds a new statutory prohibition framework to the Agriculture Article governing pesticide registration and use in Maryland. It imposes new duties on the Department of Agriculture to identify PFAS-containing pesticides, notify certified applicators, and eventually stop registering those products for sale, while also creating a statewide ban on PFAS pesticide use after the phase-in period. The bill directly affects pesticide registrants, certified applicators, schools, health care facilities, day care operations, lawn care providers, mosquito control operations, and other users of pesticides in the State.
The available voting history shows strong support for the bill: it passed third reading unanimously, 139-0. The bill’s introduction by a large bipartisan group of delegates and its favorable committee report with amendments suggest broad legislative agreement on restricting PFAS in pesticides. No committee transcript is provided, but the vote indicates little formal opposition in the House.
The main policy issue is the scope and timing of the PFAS pesticide restrictions. The bill targets specific uses first—such as schools, day care centers, health care facilities, residential lawn care, and commercial mosquito spraying—before expanding to a broader statewide use ban and ending new registrations. Potential points of contention include whether the phase-in period is long enough, whether the Department should have authority to expand the PFAS definition based on emerging health data, and how the restrictions will affect pesticide availability and pest-control practices. Any opposition would likely come from pesticide manufacturers, applicators, or agricultural stakeholders concerned about regulatory burden and product substitutions, though no recorded opposition appears in the provided materials.