Pollinator-Friendly Plant Labeling Act

To amend the Agricultural Marketing Act of 1946 to establish a pollinator-friendly plant labeling program, and for other purposes. 1. Short title This Act may be cited as the Pollinator-Friendly Plant Labeling Act 2. Pollinator-friendly plant labeling program Subtitle A of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1621 et seq. 210B. Pollinator-friendly plant labeling program (a) Definitions In this section: (1) Pesticide The term pesticide 7 U.S.C. 6502 (2) Producer The term producer (3) Secretary The term Secretary (b) Establishment The Secretary shall establish a certification program for producers of pollinator-friendly plants. (c) Certification (1) Applications To be certified under this section, a producer may voluntarily submit to the Secretary an application for the certification. (2) Approval The Secretary shall approve an application for certification submitted under paragraph (1) if the producer— (3) meets the requirements under this section; and (4) has been third-party certified. (d) Eligibility To be sold or labeled as a USDA pollinator-friendly (1) shall be living; (2) shall be, as determined by the Chief of the Natural Resources Conservation Service— (A) native to the United States; and (B) known to be beneficial to pollinators, including providing habitat and forage for pollinators; and (3) may not have been produced using any pesticide or substance (within the meaning of the term in the Organic Foods Production Act of 1990 ( 7 U.S.C. 6501 et seq. (e) Compliance requirements (1) In general A person may sell or label a plant as USDA pollinator-friendly (2) Labeling No person may affix a label to, or provide other market information concerning, a plant if the label or information implies, directly or indirectly, that the plant is USDA pollinator-friendly, except in accordance with this section. (f) Labeling A label affixed, or other market information provided, in accordance with subsection (e)(2)— (1) shall indicate that the plant meets Department of Agriculture standards for being pollinator-friendly; (2) may incorporate the Department of Agriculture seal; (3) shall include the scientific name of the plant and the common name of the plant, if any; (4) shall include the county or ecoregion that the plant species is native to and locally adapted to; (5) shall include the name of the producer of the plant; (6) shall include an instruction that distributors and retailers are not permitted to apply any pesticide product to the plant; (7) shall include a statement relating to the importance of supporting pollinator conservation efforts; and (8) may include— (A) instructions for planting and maintaining the plant to ensure its effectiveness as a resource for pollinators; (B) advice on protecting pollinators visiting the plant from pesticide exposure; and (C) a weblink or digital code, such as a quick response (QR) code, to access a webpage with additional educational information about the plant. (g) Investigations and enforcement Subsections (b) and (c) of section 2120 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6519 7 U.S.C. 6501 et seq. (h) Effect Nothing in this section supersedes or otherwise affects any State or Federal plant protection or plant quarantine program. .

Summary: Pollinator-Friendly Plant Labeling Act This bill directs the Department of Agriculture (USDA) to establish a voluntary pollinator-friendly plant labeling and certification program. Specifically, a producer (i.e., a nursery or farmer growing a plant or cultivating a seed for sale) may submit an application to USDA for approval to sell or label a plant as a USDA pollinator-friendly plant. To qualify, a plant must (1) be living; (2) have a Natural Resources Conservation Service determination that it is native to the United States and known to be beneficial to pollinators (including providing habitat and forage for pollinators); and (3) be produced without any pesticide or substance prohibited from being used in the production or handling of organic products under the Organic Foods Production Act of 1990. USDA must approve an application for certification if the producer meets the requirements and has been third-party certified. Further, a plant labeled as USDA pollinator-friendly must comply with additional labeling requirements (e.g., include the name of the plant producer and an instruction specifying that distributors and retailers are not permitted to apply any pesticide product to the plant). The bill also provides for USDA investigation and enforcement authority. Any person who knowingly mislabels a plant as USDA pollinator-friendly is subject to a civil penalty.