An Act To Require the Board of Pesticides Control To Annually Publish Certain Information Regarding Pesticides and To Prohibit Certain Uses of Neonicotinoids
Maine Legislature, Session 129, LD 2083
Committee: Agriculture, Conservation and Forestry
Sponsors: GROHOSKI, MILLETT, DOUDERA, HICKMAN, HUBBELL, MAXMIN, PEBWORTH, ZEIGLER, GRATWICK
Amends: 7 MRSA §618

Legislative Document
No. 2083
H.P. 1484
House of Representatives, January 28, 2020
An Act To Require the Board of Pesticides Control To Annually 
Publish Certain Information Regarding Pesticides and To Prohibit 
Certain Uses of Neonicotinoids
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GROHOSKI of Ellsworth.
Cosponsored by Senator MILLETT of Cumberland and
Representatives: DOUDERA of Camden, HICKMAN of Winthrop, HUBBELL of Bar Harbor, 
MAXMIN of Nobleboro, McDONALD of Stonington, PEBWORTH of Blue Hill, ZEIGLER 
of Montville, Senator: GRATWICK of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §618, as amended by PL 2005, c. 620, §18, is further amended to 
read:
§618.  Publication of information
The board may publish, at least annually and in such form as it determines proper, 
results of analyses based on official samples as compared with the guaranteed analyses 
and information concerning the distribution of pesticides. The board may not publish 
individual distribution information, and that information is not a public record under Title 
1, section 402.
By March 31st annually, the board shall publish a summary of the reports received 
during the previous calendar year from commercial applicators pursuant to Title 22, 
section 1471-G, subsection 2 and rules adopted by the board.  For each pesticide reported 
to the board pursuant to Title 22, section 1471-G, subsection 2, the board's annual 
summary must include information on the total quantity of pesticide applied and the total 
area treated in each county in the State.
Sec. 2.  Classification of neonicotinoids as limited use pesticide
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Certified applicator" has the same meaning as in the Maine Revised Statutes, 
Title 22, section 1471-C, subsection 4.
B.  "Product containing neonicotinoids" means any product containing dinotefuran, 
clothianidin, imidacloprid or thiamethoxam.
2.  Classification.  The Department of Agriculture, Conservation and Forestry, Board 
of Pesticides Control, referred to in this section as "the board," shall classify any product 
containing neonicotinoids as a pesticide whose use is prohibited or limited by the board in 
accordance with subsection 3.
3.  Rulemaking.  Pursuant to the Maine Revised Statutes, Title 7, section 610, the 
board shall adopt rules establishing restrictions for the use of a product containing 
neonicotinoids.  Rules adopted pursuant to this subsection must include:
A.  A prohibition on use of a product containing neonicotinoids for landscape 
gardening by certified applicators; and
B.  Authorization for limited use of a product containing neonicotinoids for landscape 
gardening by certified applicators if the board determines that limited use is 
necessary, in accordance with Title 22, section 1471-A, to safeguard the public 
health, safety and welfare of the State and protect the natural resources of the State.
At least annually, rules adopted pursuant to this subsection must be reviewed, and if 
necessary revised, to specify with respect to allowable uses of products containing 
neonicotinoids the timing, geographic locations, quantities, target plant and insect species 
and methods of application.
SUMMARY
This bill requires:
1.  The Department of Agriculture, Conservation and Forestry, Board of Pesticides 
Control to annually publish a summary of the reports received during the previous 
calendar year from commercial applicators of pesticides.  For each pesticide reported to 
the board, the board's annual summary must include information on the total quantity of 
pesticide applied and the total area treated in each county in the State; and
2.  The Board of Pesticides Control to prohibit the use of any product containing 
neonicotinoids for landscape gardening by certified applicators or limit the use of any 
product containing neonicotinoids if the board determines that use is necessary to protect 
the State.  The bill also requires the board to adopt rules establishing restrictions for the 
use of products containing neonicotinoids.