PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
An Act To Protect Pollinators from Neonicotinoid Pesticides
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA c. 419  is enacted to read:
CHAPTER 419
NEONICOTINOID PESTICIDES
§ 2471. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
 
1.  Certified applicator.     "Certified applicator" has the same meaning as in Title 22, section 1471-C, subsection 4.
 
2.  Licensed veterinarian.     "Licensed veterinarian" has the same meaning as in Title 32, section 4853, subsection 5.
 
3.  Neonicotinoid pesticide.     "Neonicotinoid pesticide" means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including imidacloprid, nithiazine, acetamiprid, clothianidin, dinotefuran, thiacloprid, thiamethoxam and any other chemical designated by the commissioner by rule as belonging to the neonicotinoid class of chemicals.
 
4.  Nursery stock.     "Nursery stock" means any of the following:
 
A.  A hardy plant, whether cultivated, native or wild, that is capable of surviving a Maine winter, including, but not limited to, a deciduous tree, evergreen tree, shrub or woody vine, and all viable parts of that plant;
 
B.  A nonhardy plant that is cultivated in the State for distribution in another state that requires plant inspection and certification before entering that other state, and all viable parts of that plant; or
 
C.  Any other plant for which, as determined by the commissioner, regulation of the movement of the plant is necessary to control a dangerous plant pest.
 
5.  Plant pest.     "Plant pest" has the same meaning as in section 2211, subsection 6.
 
6.  Restricted use pesticide.     "Restricted use pesticide" has the same meaning as in Title 22, section 1471-C, subsection 23.
§ 2472. Labeling
A person may not sell at retail in the State any seed, plant material, nursery stock, annual plant, bedding plant or other plant that has been treated with a neonicotinoid pesticide unless the seed, plant material, nursery stock, annual plant, bedding plant or other plant bears a label, or is placed within the retail location in close proximity to a prominently displayed sign, that includes the following statement:
 
"WARNING: This product has been treated with neonicotinoid pesticides, which have been found to harm or impair nontarget organisms, including bees and other pollinators, birds, earthworms and aquatic invertebrates."
 
§ 2473. Prohibitions
 
1.  Sales prohibition.     Beginning January 1, 2018, a person may not sell at retail in the State a neonicotinoid pesticide unless the person also sells a restricted use pesticide.
 
2.  Use prohibition.     Beginning January 1, 2018, a person may not use a neonicotinoid pesticide unless the person is:
 
A.  A certified applicator;
 
B.  A farmer who uses the neonicotinoid pesticide for agricultural purposes, including, but not limited to, crop production, livestock or poultry production or the cultivation of noncrop agricultural fields; or
 
C.  A licensed veterinarian.
This section does not apply to the retail sale or use of a flea or tick collar that contains a neonicotinoid pesticide.
§ 2474. Enforcement; rules
The department shall enforce this chapter and may adopt rules as necessary for the purposes of implementing and enforcing this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
 
SUMMARY
This bill requires that any seed, plant material, nursery stock, annual plant, bedding plant or other plant sold at retail in the State that has been treated with a neonicotinoid pesticide bear a label, or be placed in close proximity to a sign, that notifies the consumer that the product has been treated with a neonicotinoid pesticide and that such pesticides have been found to harm nontarget organisms, including bees and other pollinators. The bill also implements a prohibition, effective January 1, 2018, on the retail sale of neonicotinoid pesticides by persons that do not also sell a restricted use pesticide and implements a prohibition, also effective January 1, 2018, on the use of a neonicotinoid pesticide, with exceptions for certified applicators, farmers and licensed veterinarians.