PRINTER'S NO. 2472
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1818
Session of
2017
INTRODUCED BY McCARTER, V. BROWN, D. COSTA, MURT, CALTAGIRONE,
DeLUCA AND KINSEY, SEPTEMBER 25, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
SEPTEMBER 25, 2017
AN ACT
Providing for labeling, signage and restrictions on sales and
use relating to neonicotinoid pesticides.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Pollinator
Protection Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Certified applicator." As defined in section 4(6)(A) of the
act of March 1, 1974 (P.L.90, No.24), known as the Pennsylvania
Pesticide Control Act of 1973.
"Neonicotinoid pesticide." A pesticide containing a chemical
belonging to the neonicotinoid class of chemicals, including:
(1) Imidacloprid.
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(2) Nithiazine.
(3) Acetamiprid.
(4) Clothianidin.
(5) Dinotefuran.
(6) Thiacloprid.
(7) Thiamethoxam.
(8) Any other chemical designated by the Department of
Agriculture as belonging to the neonicotinoid class of
chemicals.
"Nursery stock." As follows:
(1) Any hardy plant or plant that survives Pennsylvania
winters, including a deciduous or evergreen tree, shrub or
woody vine, whether cultivated, native or wild and all viable
parts of the plant.
(2) Any nonhardy plant or plant part to be distributed
in another state that requires plant inspection and
certification before entering that state.
(3) Any other plant included by the Secretary of
Agriculture, if regulating its movement is necessary to
control any dangerously injurious plant pest.
"Restricted use pesticide." A pesticide so classified by the
Federal Government or in accordance with the Pennsylvania
Pesticide Control Act of 1973.
Section 3. Retail sales.
(a) Required label.--A person may not sell at retail in this
Commonwealth 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
with or is in close proximity to a sign that prominently
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displays the following statement:
Warning: This product has been treated with neonicotinoid
pesticides, found to harm or impair nontarget organisms,
including bees and other pollinators, birds, earthworms and
aquatic invertebrates.
(b) Sales restriction.--On or after January 1, 2018, sales
of neonicotinoid pesticides in this Commonwealth may only be
made by a person who also makes available for sale a restricted
use pesticide.
(c) Use restriction.--On or after January 1, 2018, a person
may not use a neonicotinoid pesticide unless the person is one
of the following:
(1) A certified applicator.
(2) A farmer who uses the pesticide for agricultural
purposes, including crop production, livestock, poultry and
noncrop agricultural fields.
(3) A veterinarian.
(d) Applicability.--This section does not apply to a flea or
tick collar that contains a neonicotinoid pesticide.
Section 4. Effective date.
This act shall take effect in 60 days.
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