II 118th CONGRESS 1st Session S. 2199 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mr. Merkley (for himself, Mr. Wyden , Mr. Heinrich , Mr. Welch , Mr. Padilla , Mr. Blumenthal , Mrs. Feinstein , and Mr. Booker ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL 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. ) is amended by adding at the end the following: 210B. Pollinator-friendly plant labeling program (a) Definitions In this section: (1) Pesticide The term pesticide has the meaning given the term in section 2103 of the Organic Foods Production Act of 1990 ( 7 U.S.C. 6502 ). (2) Producer The term producer means a nursery or farmer growing a plant or cultivating a seed for sale. (3) Secretary The term Secretary means the Secretary of Agriculture. (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 plant, a plant— (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. )) that may not be used in the production or handling of organically produced agricultural products under that Act. (e) Compliance requirements (1) In general A person may sell or label a plant as USDA pollinator-friendly only if the plant meets the requirements under this section. (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 ) shall apply to this section in the same manner that those subsections apply to that Act ( 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. .