CMMCP Online
Pesticide Exclusion Request
The Exclusion Program
was implemented by the Department of Food and Agriculture to allow landowners
to exclude their property from public area-wide applications of pesticides
(see 333 CMR 13.04 - Exclusions for Application - pg. 88-89). This
reads in part:
 Designations for exclusions may be made by
supplying the clerk of the municipality in which such lands lie with a
certified letter providing the name, address and telephone number (if any),
names of all abutters, and defining programs from which exclusion is
requested.
Designations
may be made prior to March 1 of each year and shall be effective from April 1
of that year to March 31 of the following year. (333 CMR 13.04, paragraphs 2
& 3 - pg. 88)
This program
began in 1983 in response to public concerns about pesticide exposure through
public area-wide applications. Generally, the only pesticide application
programs affected by this exclusion program are those for the gypsy moth and
the mosquito.
Ground
Applications: Boundaries or areas to be excluded shall be marked at least
every fifty feet by paper plates or other appropriate means. These markings
shall be made known to the person causing the application to be made who
shall be responsible for communicating the details of this marking to those
who will carry out the application. (333 CMR 13.04 - paragraph 6, subsection
1(b)- pg. 89)
Requests for
exclusion shall not be honored in those cases which:
1) The
Commissioner of Public Health has certified that the application is made to
protect the public health.
2) the Commissioner
of Environmental Management has certified that the application is necessary
to contain an infestation of a recently introduced pest.
3) The
Commissioner of Food and Agriculture has certified that an application is
necessary to contain an infestation of a pest which is a significant threat
to agriculture.
(333 CMR
13.04 - paragraph 6, subsection 2 - pg. 89)
The full text
of this regulation may be found on the Internet at http://www.state.ma.us/dfa/legal/regs/pesticides_regulations_list.htm
RESOURCES: The Pesticide Bureau at (617) 727-3020
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