§ 23-25-40. Neonicotinoids restricted.
(a) All pesticides registered in the state that contain one or more neonicotinoids and
are labeled as approved for outdoor use are hereby immediately classified as state
limited use pesticide. Such pesticides shall not be:
(1) Sold or distributed to any person other than a certified applicator;
(2) Used or applied by any person other than a certified applicator or any person working
under the direct supervision of a certified applicator;
(3) Applied, except in the course of academic research, to any linden or basswood tree;
or
(4) Applied, except in the course of academic research, to any plant when such plant bears
blossoms.
(b) This section does not apply to:
(1) Pet or veterinary care products used for preventing, destroying, repelling, or mitigating
fleas, mites, ticks, heartworms, or other insects or organisms when applied to or
administered to companion animals, livestock, or captive wild animals, regardless
of whether the application or administration occurs indoors or outdoors;
(2) Personal care products used for preventing, destroying, repelling, or mitigating lice
or bedbugs;
(3) Indoor pest control products used for preventing, destroying, repelling, or mitigating
insects indoors and registered in this state only for indoor use;
(4) Products used for controlling wood-destroying pests in and around homes and other
human-made structures, in accordance with the label; or
(5) An article or substance treated with, or containing, a neonicotinoid to protect the
article or substance itself (for example, seeds treated with a neonicotinoid to protect
the seeds or wood products treated to protect the wood against insect infestation),
if the neonicotinoid is registered for such use.
(c) Nothing in this section shall prohibit the director from further restricting or regulating
neonicotinoids pursuant to § 23-25-9.