An Act To Protect Pollinators from Neonicotinoid Pesticides
Maine Legislature, Session 128, LD 0993
Committee: Agriculture, Conservation and Forestry
Sponsors: DEVIN

Legislative Document
No. 993
H.P. 694
House of Representatives, March 14, 2017
An Act To Protect Pollinators from Neonicotinoid Pesticides
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DEVIN of Newcastle.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA c. 419 is enacted to read: 
CHAPTER 419 
NEONICOTINOID PESTICIDES 
§2471.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Certified applicator.  "Certified applicator" has the same meaning as in Title 22, 
section 1471-C, subsection 4. 
2.  Licensed veterinarian.  "Licensed veterinarian" has the same meaning as in Title 
32, section 4853, subsection 5. 
3.  Neonicotinoid pesticide.  "Neonicotinoid pesticide" means any pesticide 
containing a chemical belonging to the neonicotinoid class of chemicals, including 
imidacloprid, 
nithiazine, 
acetamiprid, 
clothianidin, 
dinotefuran, 
thiacloprid, 
thiamethoxam and any other chemical designated by the commissioner by rule as 
belonging to the neonicotinoid class of chemicals. 
4.  Nursery stock.  "Nursery stock" means any of the following: 
A.  A hardy plant, whether cultivated, native or wild, that is capable of surviving a 
Maine winter, including, but not limited to, a deciduous tree, evergreen tree, shrub or 
woody vine, and all viable parts of that plant; 
B.  A nonhardy plant that is cultivated in the State for distribution in another state that 
requires plant inspection and certification before entering that other state, and all 
viable parts of that plant; or 
C.  Any other plant for which, as determined by the commissioner, regulation of the 
movement of the plant is necessary to control a dangerous plant pest. 
5.  Plant pest.  "Plant pest" has the same meaning as in section 2211, subsection 6. 
6.  Restricted use pesticide.  "Restricted use pesticide" has the same meaning as in 
Title 22, section 1471-C, subsection 23.  
§2472.  Labeling 
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, plant material, nursery stock, annual plant, bedding plant or 
other plant bears a label, or is placed within the retail location in close proximity to a 
prominently displayed sign, that includes the following statement: 
"WARNING: This product has been treated with neonicotinoid 
pesticides, which have been found to harm or impair nontarget 
organisms, including bees and other pollinators, birds, earthworms and 
aquatic invertebrates." 
§2473.  Prohibitions 
1.  Sales prohibition.  Beginning January 1, 2018, a person may not sell at retail in 
the State a neonicotinoid pesticide unless the person also sells a restricted use pesticide. 
2.  Use prohibition.  Beginning January 1, 2018, a person may not use a 
neonicotinoid pesticide unless the person is: 
A.  A certified applicator; 
B.  A farmer who uses the neonicotinoid pesticide for agricultural purposes, 
including, but not limited to, crop production, livestock or poultry production or the 
cultivation of noncrop agricultural fields; or 
C.  A licensed veterinarian. 
This section does not apply to the retail sale or use of a flea or tick collar that 
contains a neonicotinoid pesticide. 
§2474.  Enforcement; rules 
The department shall enforce this chapter and may adopt rules as necessary for the 
purposes of implementing and enforcing this chapter.  Rules adopted pursuant to this 
section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
This bill requires that any seed, plant material, nursery stock, annual plant, bedding 
plant or other plant sold at retail in the State that has been treated with a neonicotinoid 
pesticide bear a label, or be placed in close proximity to a sign, that notifies the consumer 
that the product has been treated with a neonicotinoid pesticide and that such pesticides 
have been found to harm nontarget organisms, including bees and other pollinators.  The 
bill also implements a prohibition, effective January 1, 2018, on the retail sale of 
neonicotinoid pesticides by persons that do not also sell a restricted use pesticide and 
implements a prohibition, also effective January 1, 2018, on the use of a neonicotinoid 
pesticide, with exceptions for certified applicators, farmers and licensed veterinarians.