An Act to Prohibit the Use of Neonicotinoid Pesticides and the Use
Maine Legislature, Session 132, LD 1323
Committee: Agriculture, Conservation and Forestry
Sponsors: DOUDERA, INGWERSEN

Legislative Document
No. 1323
H.P. 858
House of Representatives, March 27, 2025
An Act to Prohibit the Use of Neonicotinoid Pesticides and the Use 
and Sale of Neonicotinoid-treated Seeds
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DOUDERA of Camden.
Cosponsored by Senator INGWERSEN of York and
Representatives: CLUCHEY of Bowdoinham, FROST of Belgrade, GRAMLICH of Old 
Orchard Beach, HEPLER of Woolwich, PLUECKER of Warren, SINCLAIR of Bath, 
Senators: TALBOT ROSS of Cumberland, TEPLER of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA c. 103, sub-c. 11-B is enacted to read:
SUBCHAPTER 11-B
NEONICOTINOID PESTICIDES
§1061. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Agricultural emergency.  "Agricultural emergency" means an occurrence of any 
pest that presents an imminent risk of significant harm or injury to or loss of agricultural 
crops.
2.  Bloom.  "Bloom" means the period from the onset of flowering for a plant or the 
process of flowering of a plant until petal fall is complete.
3.  Crop group.  "Crop group" means the groupings of agricultural commodities 
specified in 40 Code of Federal Regulations, Section 180.41 (2023).
4.  Environmental emergency.  "Environmental emergency" means an occurrence of 
any pest that presents a significant risk of harm or injury to the environment or significant 
harm or injury to or loss of agricultural crops, including any exotic or foreign pest that may 
need preventive quarantine measures to avert or prevent that risk, as determined by the 
commissioner.
5.  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.
6.  Neonicotinoid-treated seed.  "Neonicotinoid-treated seed" means a treated seed 
that is treated or coated with a neonicotinoid pesticide.
7.  Ornamental plants.  "Ornamental plants" means perennial, annual, biennial and 
ground cover plants purposefully planted for aesthetic reasons.
§1062.  Prohibited; application of neonicotinoid pesticides
1.  Prohibited application.  The following uses of neonicotinoid pesticides are 
prohibited:
A.  Outdoor application to any crop during bloom;
B.  Outdoor application to soybeans or any crop in the cereal grains crop group;
C.  Outdoor application of neonicotinoid pesticides to crops harvested after bloom in 
the leafy vegetables; brassica; bulb vegetables; herbs and spices; and stalk, stem and 
leaf petiole vegetable crop groups; and
D.  Application to ornamental plants.
2.  Exemptions.  The commissioner, after consultation with the Commissioner of 
Environmental Protection, may waive the requirements of this section and issue a written 
exemption order if the commissioner determines that:
A. A valid environmental emergency or agricultural emergency exists;
B.  The neonicotinoid pesticide would be effective in addressing the environmental 
emergency or the agricultural emergency under paragraph A; and
C.  A less harmful pesticide that is not a neonicotinoid pesticide or pest management 
practice would not be as effective in addressing the environmental emergency or the 
agricultural emergency under paragraph A.
3.  Written exemption order contents.  A written exemption order issued under 
subsection 2:
A.  May not be valid for a period of more than one year;
B.  Must specify the neonicotinoid pesticides, uses and crops or plants to which the 
exemption order applies; the date on which the exemption order takes effect; the 
exemption order's duration; and the exemption order's geographic scope, which may 
include specific farms, fields or properties; and
C.  Must provide a detailed evaluation supporting a determination that an 
environmental emergency or agricultural emergency exists.
4.  Written exemption order restrictions.  A written exemption order issued under 
subsection 2 may establish restrictions on the use of neonicotinoid pesticides to which the 
exemption order applies to minimize harm to pollinator populations, bird populations, 
ecosystem health and public health or that the commissioner considers necessary.
5.  Rescission.  The commissioner, after consultation with the Commissioner of 
Environmental Protection, may rescind a written exemption order issued under subsection 
at any time.  A rescission may not go into effect until at least 15 days after the issuance 
of the written exemption order.
§1063.  Prohibition on the use and sale of neonicotinoid-treated seeds
1.  Prohibition. A person may not sell, offer for sale or use, distribute or use any 
neonicotinoid-treated seed for soybeans or for any crop in the cereal grains crop group.
2.  Exemptions.  The commissioner, after consultation with the Commissioner of 
Environmental Protection, may waive the requirements of this section and issue a written 
exemption order only if:
A.  The person seeking the exemption order:
(1) Completes integrated pest management training, provided by the commissioner 
or an approved 3rd party;
(2) Completes a pest risk assessment and submits a pest risk assessment report to 
the commissioner; and
(3) Maintains current records of the pest risk assessment report under subparagraph 
(2) and records of when neonicotinoid-treated seeds are planted, both of which are 
subject to review upon request by the commissioner; and
B.  Any neonicotinoid-treated seeds authorized for use under the exemption order are 
planted only on the property or properties identified in the pest risk assessment report 
under paragraph A, subparagraph (2).
3.  Written exemption order contents.  A written exemption order issued under 
subsection 2:
A.  May not be valid for a period of more than one year; and
B.  Must specify the types of neonicotinoid-treated seeds to which the exemption order 
applies, the date on which the exemption order takes effect and the exemption order's 
duration.
4.  Written exemption order restrictions.  A written exemption order issued under 
subsection 2 may establish restrictions to the use of neonicotinoid-treated seeds to which 
the exemption order applies to minimize harm to pollinator populations, bird populations, 
ecosystem health and public health or that the commissioner considers necessary.
5.  Rescission.  The commissioner, after consultation with the Commissioner of 
Environmental Protection, may rescind a written exemption order issued under subsection 
at any time.  A rescission may not go into effect until at least 30 days after the issuance 
of the written exemption order and may not apply to neonicotinoid-treated seeds planted or 
sown prior to the effective date of the rescission.
§1064.  Report
Upon issuing a written exemption order under section 1062 or 1063, the commissioner 
shall submit a copy of the exemption order to the joint standing committee of the 
Legislature having jurisdiction over agriculture, conservation and forestry matters.
§1065.  Rulemaking
The department may adopt rules as necessary for the purposes of implementing and 
enforcing this subchapter.  Rules adopted pursuant to this section are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2.  Effective date. This Act takes effect January 1, 2026.
SUMMARY
This bill prohibits certain applications of neonicotinoid pesticides and prohibits the use 
and sale of neonicotinoid-treated seeds for certain crops.  The bill authorizes the 
Commissioner of Agriculture, Conservation and Forestry, after consultation with the 
Commissioner of Environmental Protection, to waive these prohibitions and issue a written 
exemption order if certain conditions are met.