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In response to legislation introduced in Maine this session, Maine’s Board of Pesticides Control (BPC) has convened the Environmental Risk Advisory Committee (ERAC). This committee, which has not met since 2006, is being asked to examine whether current pesticide residues can affect Maine’s lobster resource directly or via impact on other marine organisms.

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The Maine Board of Pesticides Control (BPC) has been discussing possible actions to control in Maine diseases caused by arboviruses, including West Nile virus and Eastern Equine Encephalitis (EEE), which are spread through mosquito bites.
• Product Registrations
• Variance Requests
• Consent Agreements

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The Maine Board of Pesticides Control (BPC) has been developing a message concerning pesticide notification since it opted not to develop a comprehensive registry for notification earlier this year. The current systems for pesticide notification in Maine have changed substantially over the past few years, creating confusion, so the BPC has struggled to develop a clear and concise message about notification.

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Over the last few months, the Maine Board of Pesticides Control (BPC) has chosen not to act on two items of interest. The first is the pesticide notification registry, which has been a roller coaster ride at the board and legislative level for a few years. In February, the BPC voted to put forward a policy regarding genetically engineered Bt corn products in Maine. It chose to work from a policy rather than initiate rulemaking to clarify issues related to refuge-in-the-bag corn approved at its prior meeting.

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The Maine Board of Pesticides Control (BPC) focused much of its attention on genetically engineered (GE) corn in Maine recently. Lauchlin Titus of Ag Matters LLC asked the board to eliminate its mandated training requirement for farmers who plant GE corn containing the Bacillus thuringiensis (Bt) protein.

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On October 7, the Maine Board of Pesticides Control (BPC) held a public hearing to discuss three proposed rule changes and one new rule chapter. Laws passed by the Maine State Legislature last session, which left little room for discussion at the board level, mandated two of the changes.

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The Maine Board of Pesticides Control (BPC) must act on several pesticide issues passed in the last legislative session. LD 228 repealed the state's Aerial and Air Carrier Pesticide Spray Notification Registry and requires BPC action by January 1, 2012, to allow for “by request” notification when aerial spraying will occur.

What Would Christmas Be Without Diazinon?

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• BPC Releases 2010 Complaints and Inquiries List
• Product Registrations
• Pesticide Application Rule Violations

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BPC Adopts Policy on Homemade Pesticides; Notification Discussions Continue; Product Registrations; Pesticide Application Rule Violations

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Maine statutes require all dealers of general use pesticides to maintain a General Use Pesticide Dealer License. At its July meeting the BPC unanimously approved a consent agreement with J. L. Hayes & Company Inc. Agway in Auburn for failing to maintain its license for 2008 through 2010, when the violation was discovered. J.L. Hayes & Company was fined $160 for the violation.

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At the end of its last session, the Maine Legislature tasked the Maine Board of Pesticides Control (BPC) with answering several questions about the new comprehensive notification registry for pesticide applications made with aerial and air carrier equipment and reporting back by February 2011.

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For the past few months, the Maine Board of Pesticides Control (BPC) has been accepting public comments on the new notification registry for pesticide applications made with aerial and air carrier equipment.

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Three times in 2009, in Brunswick and Kittery, TruGreen Chemlawn of Manchester, New Hampshire, failed to provide proper notification of pesticide applications to landowners who had requested it. In all cases TruGreen maintained that it had provided proper notification, but was unable to provide BPC staff with proof.

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In March the board approved registration of another Monsanto Bt corn variety. The label for this new cross allows for both field corn and sweet corn to be grown.

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On April 1, 2010, LD 1547, An Act To Revise Notification Requirements for Pesticides Applications Using Aircraft or Air-carrier Equipment, was signed into law. This new legislation revised LD 1293, which was passed last year and dealt with notifying neighbors about certain pesticide uses.

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Sterling Insect-Lawn Control Inc. of Gorham was fined $200 after an employee failed to wear proper personal protective equipment while applying Q4 Turf herbicide. The label requires that the applicator wear a long sleeved shirt, chemical-resistant gloves made of any waterproof material, and protective eye wear.

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At its December meeting, BPC staff toxicologist Lebelle Hicks updated findings of the Bt corn Medical Advisory Committee (MAC). Board member Dr. Carol Eckert and Hicks, both on the MAC, think the health effects of Bt corn consumption seem minimal or nonexistent and not worth worrying about, but noted that they are mostly in the minority at the MAC, and the committee in general does not seem to think that enough scientific evidence exists to determine the health effects, if any, of Bt corn consumption.

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Maine’s Board of Pesticides Control (BPC) has been focusing on rule changes to Chapter 28 to accommodate LD 1293, An Act to Require Citizen Notification of Pesticide Applications Using Aerial Spray or Air-Carrier Equipment.

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At its October meeting the Maine Board of Pesticides Control (BPC) held a public hearing to gather comments about its approach to rulemaking on LD 1293, An Act to Require Citizen Notification of Pesticide Applications Using Aerial Spray or Air-Carrier Application Equipment. The report also describes Pesticide Application Rule Violations and Pesticide Registrations.

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This report includes sections Busy Months for Maine BPC, Pesticide Application Rule Violations, and
Pesticide Registrations.

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At its March meeting, the Maine Board of Pesticides Control (BPC) voted to allow the sale of genetically engineered Bt sweet corn in Maine. Previously, Maine had been the only state where this product was not registered. This report includes Pesticide Application Rule Violations, and Pesticide Registrations – and Refusals.

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The search for a resolution regarding aerial spraying operations in Maine continues.

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BPC Addresses Aerial Spray, Genetically Engineered Sweet Corn, Violations; Pesticide Registrations; Pesticide Application Rule Violations

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MDOT to Use Herbicides along Roads; Montville’s GMO Ban Questioned; Continued Development of Aerial Spray Drift Rules

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Tell the Maine BPC You Want a Buffer from Aerial Spray! Two More Monsanto Bt Corn Varieties Registered; Rule Violations

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Board of Pesticides Control Rules on Use of Genetically Engineered Corn; Dealer Requirements; Aerial Spray

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Maine BPC Approves Genetically-Engineered Bt Corn; Indoor Pesticide Application Notification; Buffer Zones to Protect Water; Aerial Spray/Pesticide Drift; Turf Treatments

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In March of 2007, a group began meeting to address conflicts relating to pesticides drift. Maine's Board of Pesticides Control (BPC) convened the meetings partly in response to failed 2006 citizens’ petitions to ban aerial pesticide spraying, ban organophosphates, and eliminate the registration fee for the spray notification registry.

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Pesticides Board Pressured by Structural Pest Control Industry; BPC Approves Genetically Modified Corn; Browntail Moth and Marine Waters ; Fines; Other Business; New Legislation

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Bt Corn Registration Requests; Drift Committees; Consent Agreements; Development of Buffer Zones to Protect Surface Water; Approved Pesticide Registration and Variance RequestsAmendments to Chapters 40 and 41 Adopted; Your Voice Counts!

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BPC Reviews Browntail Moth Report; Exception to School IPM 5-day Advance Notice for Pesticide Application Rule; Stakeholders’ Committee on Aerial Applications; Best Management Practices for Turf Pesticides and Fertilizers; Yardscaping

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Aerial Spraying; Draft Language on Unauthorized Pesticide Applications; Waiver Provisions for Notification; Hexazinone (Velpar) Monitoring; Board Planning Priorities; Public Comment

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Aerial Spraying, Organophosphates, Browntail Moth Control Addressed by Board of Pesticides Control; Chapter 26 Passed After Two Decades; Proposed Amendment to Chapter 22; Chapter 28: Registry Fee and Material Safety Data Sheets; Chapter 40: Organophosphates; Browntail Moth Spraying; Groundwater Monitoring; Product Registration More Costly; Grubs in Lawns; Violations and Waivers; Priorities; Other Actions

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Farmers, foresters, citizens and activists converged on Bangor on March 30 and 31, 2006, to debate proposed rules to restrict pesticide use in Maine. Petitions submitted by the Maine Toxics Action Center (MTAC) and Environment Maine (EM), with over 900 signatures, advocated for rule changes that would ban all aerial spraying in Maine, phase out organophosphate pesticides (OPs), and repeal the $20 charge to be on the Board of Pesticide Control’s pesticide notification registry.

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The Maine Board of Pesticides Control (BPC) opened its Oct. 28, 2006, meeting with a workshop session to decide the fate of the controversial proposed Chapter 26, a rule to implement Integrated Pest Management (IPM) in all buildings open to the public other than K-12 schools (already covered by a similar rule).

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The Maine Board of Pesticides Control met on July 29 [2005] to discuss the following topics: Tax on Pesticides; IPM for Public Buildings; Forestry Herbicides; ‘No’ to General Use of Trichlorfon; ID Sites before Spraying; Lawn Pesticides Applied During Rains; Insecticides vs. Lobsters; Consent Agreements; Critical Pesticide Control Areas

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The report includes four topic areas:
• Lawn Care Companies to Verify Location of Pesticide Applications
• Chapter 27 & 31 Amendments
• Environmental Risk Advisory Committee
• Consent Agreements

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David Yarborough, University of Maine Cooperative Extension blueberry specialist, reviewed Extension's latest water quality monitoring results. Extension has sampled wells annually in and around blueberry fields since 1989 for hexazinone, an herbicide that leaches into groundwater and contaminates drinking water supplies.

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The board amended Chapter 27, which regulates the Integrated Pest Management standards for K-12 schools, to require notice to all parents only when school is in session.

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At its April 15, 2005, meeting, the BPC resolved to revise, but not revoke, the Chapter 60 rule allowing chemically sensitive individuals to seek CPCA protection.

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In March, 2005, the BPC proposed removing protections in its regulations for individuals and families with health conditions that make them particularly sensitive to pesticide applications.

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The board granted the request of Ashley Brewer of Northeast Applicators LLC to cease to require sampling potatoes from storage lots treated with chlopropham, a sprout inhibitor.

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The board began its regular meeting by approving Section 18 emergency registration renewal requests for coumaphos and thymol to control Varroa mites and small hive beetles in managed bee colonies.

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The Maine Board of Pesticides Control (BPC) began its Feb. 18 meeting with a workshop to review comments submitted by the public regarding proposed standards for interior pesticide applications.

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The board approved two consent agreements negotiated with persons who admitted to infracting upon pesticide rules. Carl R. Smith III, a potato grower in Newport, was fined $200 for failing to comply with EPA's Worker Protection Standard for three years in a row.

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The BPC began its January 14 meeting by reinstating a longstanding variance for the Eastern Maine Railway’s vegetation management program. Railway companies remove vegetation around tracks to allow inspectors to see damaged fastenings, switches and rails.

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At the Nov. meeting, Sterling Insect and Lawn Control of South Portland was fined $150 for failing to properly notify a Scarborough woman who was listed on the Pesticide Notification Registry that it was going to apply pesticides within 250 feet of her property.

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The board unanimously voted to fund a grant for the Career Advancement Center’s Training & Development Corporation and the Maine Migrant Health Program to hire one AmeriCorps member and one health educator to train migrant farm workers and their children about safely handling pesticides.

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The board approved its seventh emergency registration request to the EPA for propiconazole, a systemic fungicide commercially available as Orbit used to control mummy berry disease in blueberries.

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At its Dec. 17 meeting, the board considered the June 2003 case in Canton of David Wainwright, a local farmer who earned a small side income applying pesticides to other farmers’ nearby fields. Wainwright was not a licensed commercial applicator (landowners have no legal obligation to ensure that a hired applicator is licensed), nor did he maintain pesticide application records.

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The board discussed several proposed amendments to its regulations. The recently instated Chapter 27, Standards for Pesticide Applications and Public Notification in Schools, was clarified at several points.

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The Maine Board of Pesticides Control (BPC) opened its Nov. 5 meeting with another public informational gathering session on standards for integrated pest management (IPM) in indoor pesticide applications.

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Chapter 60, Designation of Critical Pesticide Control Areas, was amended to exclude from protection individuals or single-family homes; if this amendment passes, only groups experiencing long-term exposure to pesticide applications can apply to the BPC for a designation as a critical pesticide control area.

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The board reviewed a bill proposed by the Maine Department of Environmental Protection to fund the removal of hazardous chemicals from schools by applying a fee to general use pesticides sold in the state.

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The board reviewed a list of precloture requests related to pesticide use filed by legislators for the upcoming session. Proposed bills range from “An Act to Improve Public Understanding in Rulemaking” to “An Act to Authorize the Department of Environmental Protection to Issue Emergency Permits for the Application of Herbicides and Pesticides.”

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• BPC Continues Work on Indoor Pesticide Application Regulations
• Indoor Pesticide Applications
• Aquatic Herbicide Questioned
• Consent Agreements
• Changing Definitions

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At its June 4 meeting, the Maine Board of Pesticides Control (BPC) granted a variance requested by the Maine Public Service Company; discussed its ongoing attempt to regulate indoor pesticide applications; addressed the status of pool operators as pesticide applicators; and approved staff-negotiated consent agreements with companies violating pesticide laws.

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This report includes: Board Responds to Federal Funding Cuts; Beekeeping Pesticides Approved; Debate Continues on Railroad Right-of-Way Herbicides; Gorham Critical Pesticide Control Area Application Suspended; BPC Considers Standards for Indoor Pesticide Applications; Aquacide Company to Pay $4,500 Fine

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This report from the January 2004 Maine BPC meeting includes the following: 2003 Blueberry Study Confirms Aerial Drift; Bush Cutbacks Threaten Migrant Worker Pesticide Safety Training; Hospitals Encouraged to Adopt IPM.

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This report from the September 2003 Maine BPC meeting includes the following: BPC Won’t Repeal Rule for Pesticide Industry; Stings Aquacide Company for Violation; Board Requests Study of Impact of RR Right of Way Herbicides

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In May 2003, in response to a request from the Maine Department of Environmental Protection (DEP) and the urging of environmentalists, the Maine Board of Pesticides Control (BPC) adopted a rule restricting the use of aquatic pesticides to individuals having a private or commercial pesticide applicator’s license.

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• BPC Rejects Dow Application
• Valentine Referred to Consensus Rulemaking Process
• Standards for Indoor Pesticide Applications Receive Priority

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• Aquatic Herbicide Use Requires Permit and License
• Gorham Resident Requests Critical Pesticide Control Area
• Medical Advisory Committee Discusses Trichlorfon
• Legislation to Add More Public Members to BPC Voted ‘Ought Not to Pass’
• Dow Application for Stinger (clopyralid) Tabled
• K-Mart Fined for Selling Dursban
• Newman Realty Fined for Illegal Pesticide Application

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• Blueberry Herbicide Hexazinone Still Contaminating Maine Wells
• Former BPC Chair Questions Drinking Water Safety
• Enforcement, New Regulation, Target Illegal Lake Herbicide Use
• New Chairman Appointed
• Replacement of Public Information Officer’s Position Discussed

 

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• Schools Must Use IPM, Notify Parents
• BPC to Restrict Use of Aquatic Pesticides
• Machias Hospital Fined for Pesticide Violations
• Fine Levied in Blueberry Spray Incident
• BPC Denies Request for Dylox Permit for Lawn Grubs
• BPC Revises Pesticides Sales Estimates Downward

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In response to renewed community concern about reported contamination of the Machias public water supply by the blueberry herbicide hexazinone (Velpar) a public forum entitled “Velpar in Blueberry Culture and the Environment” was held at the University of Maine at Machias.

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• BPC Rejects Mandatory Universal Notification
• Machias Water Supply Contaminated with Herbicide
• Organic Blueberry Producer Victim of Spray Violation
• BPC and DEP Act on Clopyralid Compost Contamination

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• Legislators React to Pesticides Sales Report
• Public Hearings on School Pesticide Rule

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• Wells Contaminated by Pesticides Used On Blueberries
• Worker Pesticide Safety Training Expanded
• Glyphosate Drift Damage Highlight of Enforcement Actions
• Former BPC Chairman Victim of Pesticide Trespass
• School Pesticides IPM Rule
• Emergency Registration to Combat Army Worms
• Agricultural Forum on Genetically Engineered Crops
• New Pesticide Sales Data Report – Corrected

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• GMO application in the works; forum planned
• Staff making progress in pesticides sales data analysis
• Kennebunk lawncare firm accepts fine for notification violation

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• BPC Addressing Pesticide Use in Schools
• BPC Staff Position on Aquatic Pesticides Draws Fire from DEP
• Presque Isle Retiree Requests Stronger Drift/Notification Rules

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• BPC Struggles with Data Collection Legislation
• MTAC Petitions for School Pesticide Regulation
• Board Seeks to Duck Initiative on Indoor Pesticide Use
• Board Nervous About Casco Bay Project
• Murray Urges Board to be Proactive on State Pesticide Use
• Board of Health Outreach on West Nile Virus Criticized
• Research Proceeding on Salmon and Pesticides
• Illegal Aquatic Pesticide Use in Maine Lakes

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• Cooperative Extension Reports on Hexazinone Contamination
• BPC May Request “No Taking” Determination from Feds
• Pesticide Policy Committee Reports
• Wal-Mart and School-Related Fines

 

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• Organophosphates Detected in Downeast Rivers
• Paul Gregory Receives Friend of Casco Bay Award
• Brown Critical Pesticide Control Area Rule Repealed
• West Nile Update
• $1,500 Fine for Pesticide Spraying in Potato Storage

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Jo D. SaffeirTwo long-standing members of the Maine Board of Pesticides Control (BPC), both “public” representatives, retired this year. The MOF&G interviewed them about their thoughts in retrospect about their service.

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• Access to Pesticides Records Debated
• “Back to the Drawing Board” on Pesticide Sales Data
• West Nile Virus
• New Program Targets Homeowner Yard Care in Casco Bay Communities
• Unlicensed Application at DOL Office Complex
• Two New Public Members Join BPC

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On December 15, 1998, Barbara McGuire, a bookkeeper for Northeast Potato Distributors, went to work as usual at her office in Monticello, which ajoins a potato storage facility owned by Arrow Farms. Greg Schools, a manager of the storage facility, advised her and her co-worker Dale Peers that they were going to be applying sprout inhibitors to potatoes in another part of the building. He did not, however, tell the employees to exit the building or to take other precautions to protect their health; instead, according to his written statement, he advised them "not to call the fire department if they noticed smoke coming out of the storage facility through any cracks or windows."

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• Neighbors’ Right to Know Debated
• BPC Prioritizes “Discretionary” Tasks
• Department Seeks Suspension of Data Collecting Requirements
• Ag Department Pesticides in the Schools Initiative
• Hope Critical Pesticide Control Area Petition
• BPC Stands to Lose its Two Public Members

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Over 160 people crammed into the Union Town Hall on December 8, 1999, for the better part of six hours, some travelling hundreds of miles to get there. Some came as curious onlookers, but most came with a mission. They came to support or defeat the application of the Bruce and Debbie Brown family of Hope for designation of a Critical Pesticide Control Area for half a mile around their home, under Board of Pesticides Control (BPC) regulations.

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Topics of meetings in September and October, 1999:
• Organic Growers to be Licensed by BPC?
• Pesticide Indoor Use Advisory Committee Update
• Hearing Set for Critical Pesticide Control Area
• Pesticide Report Misses the Mark Again
• Widespread Hexazinone Contamination of Salmon Rivers
• High Concentrations of Potato Pesticides in Storm-water Runoff
• New Board Appointments

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• BPC Reprimands, Fines School Superintendent
• Organophosphate Approved for Use in Bee Hives
• Chemical Sprays on “Wild” Blueberries Concern Neighbors
• Applicator Fined for Vinegar-Herbicide Application
• Other Business

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• Update on Hexazinone Well Water Contamination
• Hope Family Petitions for Protection Against Pesticide Applications
• Vaughan Holyoke replaces Richard Storch on Board
• BPC Asked to Promote Real “Wild” Blueberries
• Summer Cleaning at BPC Meeting

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This article by Sharon Tisher was published in the Summer 1999 edition of The Maine Organic Farmer & Gardener newspaper. Read the article MOFGA....

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• BPC Addresses Genetic Engineering, Pesticide Use Reduction
• Indoor Pesticide Use Advisory Committee
• MOFGA Critiques BPC Report
• Novartis Promotional Questioned
• Environmental Risk Committee Needed?
• Resistance Management Committee
• Former Board Member Criticized

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• Monsanto Retreat
• Wild Blueberry Herbicide Woes
• Specific Exemption for Blueberry Fungicide Granted
• Pesticide Spraying for Brown Tail Moths to Increase
• Green Thumb Lawn Service Fined for Unauthorized Applications
• Gillespie Farms Enforcement Action Concluded

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• December 31 is Deadline for Notification Registration
• BPC to Investigate New Standards for Indoor Pesticide Use
• Chlorine Dioxide Approved for Use on Storage Potatoes
• Dangerous Levels of Pesticide on Cranberries
• Alan Lewis elected BPC Chairman
• Soybean Rotations for Pesticide Reduction
• Pesticides Sales Report Misses the Mark

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At its June 3 meeting, Maine’s Board of Pesticides Control (BPC) considered observations of the BPC staff regarding public comment on its proposed pesticide notification registry.

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