SENATE BILL 198
M4(6lr2010)
ENROLLED BILL
— Education, Health, and Environmental Affairs/Environment and Transportation —Introduced by Senators Nathan–Pulliam, Benson, Ferguson, Guzzone, Kagan,Kelley, King, Lee, McFadden, Muse, Pugh, Rosapepe, and Young
Read and Examined by Proofreaders:_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
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AN ACT concerning

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Neonicotinoid Pesticides – Labeling, Signage, and Restrictions on Sales and Use(Pollinator Protection Act of 2016)

4567891011121314

FOR the purpose of prohibiting a person from selling at retail in the State certain seeds,material, or plants that have been treated with a neonicotinoid pesticide unless theseeds, material, or plants bear a label with, or are in close proximity to a sign that
displays in a certain manner, a certain statement; prohibiting a person from sellingat retail in the State, on or after a certain date, a neonicotinoid pesticide unless the
person also sells a restricted use pesticide; prohibiting a person from using aneonicotinoid pesticide on or after a certain date unless the person is a certified
applicator or a person working under the direct supervision of a certified applicator,
a farmer or a person working under the direct supervision of a farmer who uses theproduct for a certain purpose, or a veterinarian; establishing prohibiting theDepartment of Agriculture from limiting the use of certain pesticides in a certain
EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law byamendment.
Italics indicate opposite chamber/conference committee amendments.

*sb0198*

2123456789SENATE BILL 198

manner; requiring the Department of Agriculture to incorporate certain practices
into a certain pollinator protection plan; requiring the Department to study review
certain laws and regulations and make recommendations regarding certain matters;
requiring the Department to report its findings and recommendations to theGovernor and the General Assembly within a certain period of time after thepublication of a certain pollinator risk assessment; establishing certain civil
penalties a certain civil penalty for a violation of this Act; exempting this Act fromcertain provisions of law; providing for the application of certain provisions of thisAct; defining a certain terms term; and generally relating to neonicotinoid pesticides.

10111213
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BY repealing and reenacting, without amendments,Article – Agriculture
Section 5–201(a), (c), and (r), 12–101, 12–102, and 12–103
Annotated Code of Maryland(2007 Replacement Volume and 2015 Supplement)

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BY adding toArticle – Agriculture
Section 5–2A–01 through 5–2A–02 5–2A–03 5–2A–05 to be under the new subtitle“Subtitle 2A. Neonicotinoid Pesticides”
Annotated Code of Maryland(2007 Replacement Volume and 2015 Supplement)

2122232425

BY repealing and reenacting, with amendments,Article – Agriculture
Section 12–104
Annotated Code of Maryland(2007 Replacement Volume and 2015 Supplement)

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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:28

Article – Agriculture29
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5–201.
(a)In this subtitle the following words have the meanings indicated.

3132(c)“Certified applicator” means a person who is certified by the Secretary under
this subtitle.

3334(r)“Restricted use pesticide” means a pesticide so classified by the provisions inthis title or by the federal government or the Secretary of Agriculture, State of Maryland.

35SUBTITLE 2A. NEONICOTINOID PESTICIDES.

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5–2A–01.

SENATE BILL 198

12(A)IN THIS SUBTITLE, THE FOLLOWING WORDS HAVE THE MEANINGS

INDICATED.

(B)“NEONICOTINOID “NEONICOTINOID PESTICIDE” MEANS ANY PESTICIDE

345CONTAINING A CHEMICALCHEMICALS, INCLUDING:

6(1)IMIDACLOPRID;

7(2)NITHIAZINE;

8(3)ACETAMIPRID;

9(4)CLOTHIANIDIN;

10(5)DINOTEFURAN;

11(6)THIACLOPRID;

12(7)THIAMETHOXAM; AND1314(8)151617181920213BELONGINGTO THE

NEONICOTINOID

CLASSOFANY OTHER CHEMICAL DESIGNATED BY THE DEPARTMENT ASBELONGING TO THE NEONICOTINOID CLASS OF CHEMICALS.
(C)“NURSERY STOCK” MEANS:(1)

ANY HARDY PLANT OR PLANT THAT SURVIVES MARYLAND
WINTERS, INCLUDING A DECIDUOUS OR EVERGREEN TREE, SHRUB, OR WOODY VINE,WHETHER CULTIVATED, NATIVE, OR WILD, AND ALL VIABLE PARTS OF THE PLANT;(2)ANY NONHARDY PLANT OR PLANT PART TO BE DISTRIBUTED IN

ANOTHER STATE THAT REQUIRES PLANT INSPECTION AND CERTIFICATION BEFOREENTERING THAT STATE; OR222324(3)ANYOTHER PLANT INCLUDED BY THE SECRETARY, IFREGULATING ITS MOVEMENT IS NECESSARY TO CONTROL ANY DANGEROUSLYINJURIOUS PLANT PEST.

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5–2A–02.

262728(A)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,

4SENATE BILL 198123PLANT MATERIAL, NURSERY STOCK, ANNUAL PLANT, BEDDING PLANT, OR OTHER
PLANT BEARS A LABEL WITH, OR IS IN CLOSE PROXIMITY TO A SIGN THATPROMINENTLY DISPLAYS, THE FOLLOWING STATEMENT:4567“WARNING: THIS PRODUCT HAS BEEN TREATED WITH NEONICOTINOIDPESTICIDES, FOUND TO HARM OR IMPAIR NONTARGET ORGANISMS, INCLUDING
BEES AND OTHER POLLINATORS, BIRDS, EARTHWORMS, AND AQUATIC
INVERTEBRATES.”.

8910111213(B) (A)(1)

THIS SUBSECTION AND SUBSECTION (C) OF THIS SECTION

DO DOES NOT APPLY TO A FLEA OR TICK COLLAR THAT CONTAINS A NEONICOTINOIDPESTICIDE:(I)PET CARE PRODUCTS USED TO MITIGATE FLEAS, MITES,TICKS, HEARTWORMS, OR OTHER ANIMALS THAT ARE HARMFUL TO THE HEALTH OFA DOMESTICATED ANIMAL;(II)PERSONAL CARE PRODUCTS USED TO MITIGATE LICE AND

1415BEDBUGS; AND1617(III) INDOOR PEST CONTROL PRODUCTS USED TO MITIGATEINSECTS INDOORS, INCLUDING ANT BAIT.

181920212223242526272829(2)RETAIL IN THE STATE A NEONICOTINOID PESTICIDE UNLESS THE PERSON ALSOSELLS A RESTRICTED USE PESTICIDE, AS DEFINED IN § 5–201 OF THIS TITLE.

(C) (B)ON OR AFTER JANUARY 1, 2017 2018, A PERSON MAY NOT USE ANEONICOTINOID PESTICIDE UNLESS THE PERSON IS:(1)

A CERTIFIED APPLICATOR OR A PERSON WORKING UNDER THEDIRECT SUPERVISION OF A CERTIFIED APPLICATOR, AS DEFINED IN § 5–201 OF THISTITLE;(2)A FARMER, OR A PERSON WORKING UNDER THE DIRECTSUPERVISION OF A FARMER, WHO USES THE PESTICIDE FOR AGRICULTURALPURPOSES, INCLUDING CROP PRODUCTION, LIVESTOCK, POULTRY, EQUINE, ANDNONCROP AGRICULTURAL FIELDS; OR(3)3031ON OR AFTER JANUARY 1, 2017 2018, A PERSON MAY NOT SELL AT

5–2A–03.

A VETERINARIAN.

SENATE BILL 19851234THE DEPARTMENT SHALL INCORPORATE POLLINATOR HABITAT EXPANSIONAND ENHANCEMENT PRACTICES INTO THE STATE’S MANAGED POLLINATORPROTECTION PLAN DEVELOPED IN COORDINATION WITH THE U.S.
ENVIRONMENTAL PROTECTION AGENCY.

55–2A–04.

678910111213(A) ON COMPLETION OF THE U.S. ENVIRONMENTAL PROTECTIONAGENCY’S POLLINATOR RISK ASSESSMENT OF THE NEONICOTINOID PESTICIDESIMIDACLOPRID,CLOTHIANDIN
CLOTHIANIDIN,THIAMETHOXAM,ANDDINOTEFURAN, THE DEPARTMENT SHALL REVIEW THE STATE’S PESTICIDE LAWS

1415161718(B) WITHIN 6 MONTHS OF THE U.S. ENVIRONMENTAL PROTECTIONAGENCY’S COMPLETED POLLINATOR RISK ASSESSMENT OF NEONICOTINOIDPESTICIDES,THE
DEPARTMENT SHALL REPORT ITS FINDINGS AND
RECOMMENDATIONS TO THE GOVERNOR AND, IN ACCORDANCE WITH § 2–1246 OFTHE STATE GOVERNMENT ARTICLE, THE GENERAL ASSEMBLY.

195–2A–05.

2021A PERSON WHO VIOLATES THIS SUBTITLE IS SUBJECT TO A CIVIL PENALTY OF$50 $250.

2212–101.

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Any person who violates any provision of this article is guilty of a misdemeanor.
Unless another penalty specifically is provided elsewhere in this article, the person, uponconviction, is subject to a fine not exceeding $500, or imprisonment not exceeding threemonths, or both, with costs imposed in the discretion of the court.

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12–102.

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Unless another penalty specifically is provided elsewhere in this article, any person
found guilty of a second or subsequent violation of any provision of the same title, is subject
to a fine not exceeding $1,000, or imprisonment not exceeding one year, or both, with costs
imposed in the discretion of the court. For the purposes of this section, a second or subsequentviolation is one which has occurred within two years of any prior violation of this title andwhich arises out of a separate set of circumstances.

3412–103.

AND REGULATIONS AND MAKE RECOMMENDATIONS FOR ANY CHANGES NECESSARY
TO ENSURE STATE LAWS AND REGULATIONS ARE CONSISTENT WITH PROTECTIVE OFPOLLINATORS, TAKING INTO ACCOUNT THE U.S. ENVIRONMENTAL PROTECTIONAGENCY RECOMMENDATIONS.

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In addition to any administrative penalty provided in this article, violation of any
rule or regulation adopted by the Secretary pursuant to the provisions of this article is amisdemeanor and is punishable as provided in §§ 12–101 and 12–102 of this subtitle.

412–104.

5This title does not apply to a violation of:6(1)Title 1, Subtitle 3 of this article; AND7(2)TITLE 5, SUBTITLE 2A OF THIS ARTICLE.

89SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effectOctober 1, 2016.

Approved:________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.