(a)The following uses of neonicotinoid pesticides are prohibited:
(1)the outdoor application of neonicotinoid pesticides to any crop during bloom;
(2)the outdoor application of neonicotinoid pesticides to soybeans or any crop in the cereal grains crop group (crop groups 15, 15-22, 16, and 16-22);
(3)the outdoor application of neonicotinoid pesticides to crops in the leafy vegetables; brassica; bulb vegetables; herbs and spices; and stalk, stem, and leaf petiole vegetables crop groups (crop groups 3, 3-07, 4, 4-16, 5, 5-16, 19, 22, 25, and 26) harvested after bloom; and
(4)the application of neonicotinoid pesticides to ornamental plants.
(b)The Secretary of Agriculture, Food and Markets, after consultation with the Secretary of Natural Resources, may issue a written exemption order to
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(a) The following uses of neonicotinoid pesticides are prohibited:
(1) the outdoor application of neonicotinoid pesticides to any crop during bloom;
(2) the outdoor application of neonicotinoid pesticides to soybeans or any crop in the cereal grains crop group (crop groups 15, 15-22, 16, and 16-22);
(3) the outdoor application of neonicotinoid pesticides to crops in the leafy vegetables; brassica; bulb vegetables; herbs and spices; and stalk, stem, and leaf petiole vegetables crop groups (crop groups 3, 3-07, 4, 4-16, 5, 5-16, 19, 22, 25, and 26) harvested after bloom; and
(4) the application of neonicotinoid pesticides to ornamental plants.
(b) The Secretary of Agriculture, Food and Markets, after consultation with the Secretary of Natural Resources, may issue a written exemption order to suspend the provisions of subsection (a) of this section if the Secretary determines that:
(1) a valid environmental emergency or agricultural emergency exists;
(2) the pesticide would be effective in addressing the environmental emergency or the agricultural emergency; and
(3) no other, less harmful pesticide or pest management practice would be effective in addressing the environmental emergency or the agricultural emergency.
(c) A written exemption order issued under subsection (b) of this section shall:
(1) not be valid for more than one year;
(2) specify the neonicotinoid pesticides, uses, and crops, or plants to which the exemption order applies; the date on which the exemption order takes effect; the exemption order’s duration; and the exemption order’s geographic scope, which may include specific farms, fields, or properties; and
(3) provide a detailed evaluation determining that an agricultural emergency or an environmental emergency exists.
(d) A written exemption order issued under subsection (b) of this section may:
(1) establish restrictions related to the use of neonicotinoid pesticides to which the exemption order applies to minimize harm to pollinator populations, bird populations, ecosystem health, and public health; or
(2) establish other restrictions related to the use of neonicotinoid pesticides to which the exemption order applies that the Secretary of Agriculture, Food and Markets considers necessary.
(e) Upon issuing a written exemption order under subsection (b) of this section, the Secretary of Agriculture, Food and Markets shall submit a copy of the exemption order to the Senate Committees on Natural Resources and Energy and on Agriculture; the House Committees on Environment and on Agriculture, Food Resiliency, and Forestry; and the Agricultural Innovation Board. The General Assembly shall post the written exemption order to the website of the General Assembly.
(f) The Secretary of Agriculture, Food and Markets, after consultation with the Secretary of Natural Resources, may rescind any written exemption order issued under subsection (b) of this section at any time. Such rescission shall come into effect not sooner than 15 days after its issuance. (Added 2023, No. 182 (Adj. Sess.), § 4, eff. July 1, 2025.)