restricting the use of neonicotinoid pesticides.
What changed between versions
The bill changed from directly mandating that the department of agriculture reclassify neonicotinoids as restricted-use pesticides and ban non-agricultural use, to authorizing the pesticide control board to adopt rules that 'may' restrict or authorize various uses. This shifts enforcement from a fixed statutory prohibition to discretionary rulemaking.
The entire education program requirement (section 430:62) was removed. The original required the department to develop a public education program about impacts on pollinators, alternatives, integrated pest management, and habitat establishment.
All penalty provisions were removed: the original included misdemeanor/felony criminal penalties for violations, civil forfeiture up to $5,000 per violation, and administrative fines up to $1,000. None of these remain in the amended version.
Multiple new exemptions were added for specific uses: flea/tick/heartworm treatment in animals, lice and bedbug control indoors, indoor applications with no pollinator exposure, wood preservation and foundation treatments, invasive species management, academic/governmental/scientific research, aquarium use, enclosed greenhouses, and fruit tree orchards (with conditions including IPM documentation and application outside bloom periods).
A new definition for 'structural pest control' was added, covering wood preservative applications within enclosed structures, remedial treatments, foundation treatments, and limited exterior perimeter applications within 5 feet of a building's foundation when performed by a certified applicator.
The state property ban (section 430:61) was changed from a direct statutory prohibition to something the pesticide control board 'may determine.' Additionally, new conditions were added to the exemption process requiring documentation that integrated pest management failed, application outside bloom periods, and compliance with recommended usage for aerial applications.
A new requirement was added for the pesticide control board to devise a plan to notify registered apiaries (beekeepers) when neonicotinoid pesticides will be applied in areas that may affect their hives.
