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1 New Subdivision; Neonicotinoid Pesticides. Amend RSA 430 by inserting after section 58 the following new subdivision:
Neonicotinoid Pesticides
430:59 Definitions. In this subdivision:
I. "Bloom" means appeared from the onset of flowering or inflorescence until the petal fall is complete.
II. "Neonicotinoid pesticide" means any pesticide containing one or more of the following active ingredients: acetamiprid, clothianidin, dinotefuran, imidacloprid, nitenpyram, nithiazine, thiacloprid, or thiamethoxam.
III. "Ornamental Plants" means perennials, annuals, and ground cover purposefully planted for aesthetic reasons.
430:60 Neonicotinoid Pesticide Use Restricted.
I. The department of agriculture shall re-classify neonicotinoid pesticides as "restricted use" and shall limit their application to state certified applicators only and sold by licensed dealers only.
II. No person shall use any neonicotinoid pesticide for a non-agricultural purpose.
430:61 Use of Neonicotinoid on State Property.
I. No neonicotinoid pesticides shall be used on any property owned, leased, or managed by the state of New Hampshire, including but not limited to state parks, forests, recreational areas, highway rights-of-way, leased lands, and grounds surrounding state buildings, except:
(a) For control of invasive species;
(b) For structural pest control within state buildings when applied by licensed pest control operators; or
(c) Exemptions approved by the pesticide division of the department of agriculture on an "as needed" basis.
II. Application of neonicotinoid pesticides on state property shall be limited from dusk until dawn.
III. Neonicotinoid pesticide shall not be applied to outdoor flowering plants during bloom periods.
430:62 Education About Nenicotinoid Pesticides. The department shall develop an educational program to:
I. Inform the public about the impacts of neonicotinoid pesticides on birds, bees, beneficial insects and pollinators;
II. Provide guidance on pollinator-friendly alternatives to neonicotinoid pesticides;
III. Promote integrated pest management practices that protect pollinators; and
IV. Support the establishment of pollinator habitat on private and public lands.
430:63 Penalties.
I. Any person who violates any of the provisions of this subdivision shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person who violates any provision of this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each such violation, or each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general. The proceeds of any such forfeiture shall be utilized in the enforcement of this subdivision, for pesticide control research, or to remedy damage to the resources of the state caused by unlawful pesticide use and application.
III. Any person who violates any provision of this subdivision may be subject to the imposition of an administrative fine levied by the division, not to exceed $1,000 for each violation.
2 Effective Date. This act shall take effect January 1, 2027.
Text to be added highlighted in green.
1 New Subdivision; Neonicotinoid Pesticides. Amend RSA 430 by inserting after section 58 the following new subdivision:
Neonicotinoid Pesticides
430:59 Definitions. In this subdivision:
I. "Bloom" means appeared from the onset of flowering or inflorescence until the petal fall is complete.
II. "Neonicotinoid pesticide" means any pesticide containing one or more of the following active ingredients: acetamiprid, clothianidin, dinotefuran, imidacloprid, nitenpyram, nithiazine, thiacloprid, or thiamethoxam.
III. "Ornamental Plants" means perennials, annuals, and ground cover purposefully planted for aesthetic reasons.
430:60 Neonicotinoid Pesticide Use Restricted.
I. The department of agriculture shall re-classify neonicotinoid pesticides as "restricted use" and shall limit their application to state certified applicators only and sold by licensed dealers only.
II. No person shall use any neonicotinoid pesticide for a non-agricultural purpose.
430:61 Use of Neonicotinoid on State Property.
I. No neonicotinoid pesticides shall be used on any property owned, leased, or managed by the state of New Hampshire, including but not limited to state parks, forests, recreational areas, highway rights-of-way, leased lands, and grounds surrounding state buildings, except:
(a) For control of invasive species;
(b) For structural pest control within state buildings when applied by licensed pest control operators; or
(c) Exemptions approved by the pesticide division of the department of agriculture on an "as needed" basis.
II. Application of neonicotinoid pesticides on state property shall be limited from dusk until dawn.
III. Neonicotinoid pesticide shall not be applied to outdoor flowering plants during bloom periods.
430:62 Education About Nenicotinoid Pesticides. The department shall develop an educational program to:
I. Inform the public about the impacts of neonicotinoid pesticides on birds, bees, beneficial insects and pollinators;
II. Provide guidance on pollinator-friendly alternatives to neonicotinoid pesticides;
III. Promote integrated pest management practices that protect pollinators; and
IV. Support the establishment of pollinator habitat on private and public lands.
430:63 Penalties.
I. Any person who violates any of the provisions of this subdivision shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person who violates any provision of this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each such violation, or each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general. The proceeds of any such forfeiture shall be utilized in the enforcement of this subdivision, for pesticide control research, or to remedy damage to the resources of the state caused by unlawful pesticide use and application.
III. Any person who violates any provision of this subdivision may be subject to the imposition of an administrative fine levied by the division, not to exceed $1,000 for each violation.
2 Effective Date. This act shall take effect January 1, 2027.