§ 37-1101 — Unlawful acts

§ 37-1101. Unlawful acts.\n 1. Beginning January first, two thousand twenty-nine, it shall be\nunlawful for any person to sell, offer for sale or use, or distribute\nwithin the state any corn, soybean or wheat seeds coated or treated with\npesticides, as defined in subdivision thirty-five of section 33-0101 of\nthis chapter, with the active ingredients clothianidin, imidacloprid,\nthiamethoxam, or any other neonicotinoid as determined by the department\nin regulation unless a valid waiver is issued by the department to the\nuser pursuant to subdivision two of this section.\n 2. The commissioner in consultation with the commissioner of\nagriculture and markets may issue a waiver to allow the use of such\nseeds for the production of agricultural commodities.\n (a) No such waiver shall be valid for more than two years.\n (b) Such waiver shall be granted only if at a minimum the following\nconditions are met:\n (i) the farm owner must complete an integrated pest management\ntraining;\n (ii) a pest risk assessment and a pest risk assessment report must be\ncompleted;\n (iii) any such seeds may only be planted on the farm property or\nproperties identified in the pest risk assessment report; and\n (iv) the farm owner must maintain current records of such pest risk\nassessment report and records of when treated seeds are planted, both of\nwhich shall be subject to review upon request by the department.\n (c) The commissioner in consultation with the commissioner of\nagriculture and markets shall promulgate any appropriate regulations\nprior to undertaking this waiver process.\n (d) The department shall annually report to the legislature on the\nnumber of waivers granted.\n