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Pesticide Exclusion:


The process for a pesticide exclusion has been revised, the major changes are as follows:

1.     No deadline to file an exclusion – can be done any time of year (deadline was March 1)

2.     Exclusions must be recorded through the Mass. Dept. of Agricultural Resources (was through the City/Town Clerk)

3.     All exclusions expire on December 31 of the year filed (no previous expiration)

4.     Effective date is 14 days after receipt of the exclusion by MDAR

5.     Exclusion will not be honored if it is not made in accordance with 333 CMR 13.03


Under 333 CMR 13.03 links to PDF file, an exclusion request may be made to opt out of wide area pesticide applications as defined in 333 CMR 13.01 Requests must be submitted to the Massachusetts Department of Agricultural Resources (MDAR) either via first class mail or through an online form (currently under development). Exclusion requests may be made at any time during the year, shall be effective 14 days from receipt of the request, and shall be in effect for the remainder of the calendar year in which the request was made. All requests shall expire on December 31 of the calendar year in which it was made.

Once a request is received by MDAR, it will then be transferred to the Mosquito Control Project that covers the region in which the property is located, if applicable. Properties to be exempted will be entered into a database designed to track excluded properties, which will be used by the Projects during wide-area applications. A list of requests may also be made available to city and town clerks upon request.

All areas designated for exclusion from wide area applications of pesticides and mosquito control applications of pesticides approved by the State Reclamation and Mosquito Control Board shall be marked as follows:

Applications by Aircraft. The person requesting exclusion shall clearly mark boundaries or areas to be excluded using marking methods approved by the Department.

Ground Applications. The person requesting exclusion shall mark the boundaries or areas to be excluded at least every 50 feet using marking methods approved by the Department which clearly defines the area of exclusion. Approved marking methods shall be listed on the Department's website at www.mass.gov/eea/agencies/agr/pesticides/mosquito. A mosquito control project or district may require a specific method from the approved list, which shall also be made available on its website. NOTE: CMMCP WILL REQUIRE WHITE PAPER PLATES ON A STAKE EVERY 50 FEET MARKED “NO SPRAY” IN BLACK WEATHER-PROOF INK.

Please be aware that this exclusion request process replaces the previous process by which requests were submitted to a city or town clerk by certified mail. If you have made a request in previous years and would like to continue to have your request recognized by a Project, please make sure to submit your request directly to MDAR using the methods identified at the link below.

Please check this link for the application forms and more information:

http://www.mass.gov/eea/agencies/agr/pesticides/mosquito/pesticide-application-exclusions.html

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