Code of Massachusetts Regulations 333 CMR - PESTICIDE BOARD
Code of Massachusetts Regulations (CMR) — 333 CMR: Pesticide Board
1. Overview
333 CMR refers to the section of the Code of Massachusetts Regulations that governs the use, sale, and regulation of pesticides in Massachusetts.
It is administered by the Massachusetts Department of Agricultural Resources (MDAR) through the Pesticide Board, which oversees pesticide safety, licensing, and compliance with state and federal laws.
The regulation ensures:
Safe handling and application of pesticides
Protection of humans, animals, and the environment
Proper certification and licensing for pesticide applicators
2. Purpose of 333 CMR
The main objectives are:
Protect public health and the environment by controlling pesticide use.
Ensure proper training and licensing of commercial and private pesticide applicators.
Enforce compliance with federal pesticide laws, including the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Regulate the sale, distribution, and labeling of pesticides in the state.
3. Scope of the Regulation
333 CMR applies to:
Commercial applicators: businesses or individuals applying pesticides for hire.
Private applicators: farmers or individuals applying restricted-use pesticides on their property.
Pesticide dealers and distributors: entities selling or supplying pesticides.
Pesticide products: both restricted-use and general-use pesticides.
4. Structure of 333 CMR
The regulation is organized into several key parts:
a) Licensing and Certification
Commercial Applicators must be licensed by the Pesticide Board.
Private Applicators using restricted-use pesticides must be certified.
Training programs are required for all applicators to demonstrate knowledge of:
Safe handling
Application techniques
Environmental protection
Federal and state pesticide laws
b) Registration of Pesticides
All pesticides sold or distributed in Massachusetts must be registered with the Pesticide Board.
Registration ensures the product meets safety standards and is properly labeled.
c) Application Standards
The regulation defines how pesticides can be applied, including:
Proper dosage
Protective equipment requirements
Application near water bodies, schools, or residential areas
Applicators must follow manufacturer instructions and safety guidelines.
d) Record-Keeping and Reporting
Licensed applicators must maintain records of pesticide applications.
Records include:
Type and quantity of pesticide
Date and location of application
Name of applicator and client
Records must be available for inspection by state authorities.
e) Enforcement and Penalties
The Pesticide Board enforces regulations through:
Inspections
Compliance orders
Fines or suspension/revocation of licenses
Severe violations, such as misuse or environmental harm, may lead to criminal charges.
5. Key Responsibilities of the Pesticide Board
The Pesticide Board in Massachusetts is responsible for:
Issuing licenses and certifications to applicators and businesses.
Approving pesticide products for use in the state.
Setting safety standards for application, storage, and disposal.
Investigating complaints regarding misuse or unsafe practices.
Providing training and guidance to pesticide users.
Coordinating with federal EPA regulations to ensure compliance with FIFRA.
6. Examples of Regulatory Requirements
Example 1: Licensing
A landscaping company must obtain a commercial pesticide license before applying herbicides to lawns.
All employees applying pesticides must be trained and certified.
Example 2: Record-Keeping
A farmer applying restricted pesticides on crops must record the date, chemical, dosage, and crop type for inspection by the Pesticide Board.
Example 3: Safe Application
Pesticides must not be applied near schools, playgrounds, or water sources unless explicitly approved by the Board and following safety standards.
Example 4: Enforcement
If a company applies a restricted pesticide without certification, the Board can:
Impose fines
Suspend the company license
Refer cases to the Attorney General for legal action
7. Penalties Under 333 CMR
Violations of 333 CMR may lead to:
Civil fines: for minor violations like record-keeping errors
Suspension/revocation: of licenses for repeated or severe non-compliance
Criminal liability: for intentional misuse or environmental damage
Remedial action orders: to correct unsafe practices or clean up contamination
8. Relationship to Federal Law
333 CMR works alongside federal regulations, including:
FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act): governs interstate sale and use of pesticides.
EPA guidelines: sets standards for restricted-use pesticides.
The Massachusetts Pesticide Board ensures that local rules meet or exceed federal requirements and adapt them to state-specific conditions.
9. Policy Reason Behind 333 CMR
The regulation balances:
Economic activity (agriculture, landscaping, pest control)
Public health protection (preventing chemical exposure)
Environmental conservation (protecting water, soil, and wildlife)
Consumer safety (ensuring safe food and residential areas)
10. Summary (Exam-Ready Points)
333 CMR governs pesticides and their use in Massachusetts.
Administered by the Pesticide Board under the Massachusetts Department of Agricultural Resources.
Covers licensing, certification, registration, application standards, and enforcement.
Both commercial and private applicators are regulated.
Emphasizes safe handling, proper record-keeping, and protection of environment and public health.
Violations can lead to fines, license suspension, or criminal penalties.
Works in conjunction with federal EPA and FIFRA regulations.
RELATED Blog
comments