2016 -- S 2798

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LC005272

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO HEALTH AND SAFETY -- PESTICIDE CONTROL--REGULATION OF

NEONICOTINOIDS

     Introduced By: Senator Joshua Miller

     Date Introduced: March 23, 2016

     Referred To: Senate Environment & Agriculture

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 23-25 of the General Laws entitled "Pesticide Control" is hereby

amended by adding thereto the following section:

     23-25-9.1. Regulation of neonicotinoids. -- (a) The general assembly acknowledges that

the agricultural and beekeeping industries in this state face economic harm relating to use of

certain pesticide products containing neonicotinoids, as well as the further decimation and

potential elimination of native pollinator species, primarily honey and bumble bees.

     (b) Notwithstanding any provision of this chapter or any provision of the general or

public laws or rule or regulation to the contrary, and subject to preemption by any federal laws,

the director shall after due notice and an opportunity for a public hearing as provided in the

"Administrative Procedures Act," chapter 35 of title 42, promulgate and adopt rules or regulations

to prohibit and/or limit the application of pesticide products containing neonicotinoids, including,

but not limited to, the application of pesticide products containing any of the following:

     (1) Acetamiprid;

     (2) Clothianidin;

     (3) Dinotefuran;

     (4) Imidacloprid;

     (5) Nitenpyram;

     (6) Nithizine; and

     (7) Thiamethoxam.

     (c) The director or the director's designee may, on a case-by-case basis grant a temporary

exemption to allow an application of a pesticide product described in that subsection, if the

director determines that, due to unusual circumstances, failure to allow such application will have

serious adverse effects on plants, seeds, pollen, soil, water, animals, and insects in the state. An

exemption under this subsection must be limited to the smallest amount of pesticide product and

briefest application period practicable to prevent, substantially reduce, or mitigate the serious

adverse effects on plants, seeds, pollen, soil, water, animals, and insects that would result from a

failure to allow the pesticide product applications. The director or their designee shall impose any

conditions on a pesticide product application authorized under this subsection that they deem

reasonable for the protection of plants, seeds, pollen, soil, water, animals, and insects or for the

prevention, reduction, or mitigation of the unusual circumstance that created the need for the

pesticide product application.

     (d) The prohibitions, rules and regulations promulgated by the director shall not apply to

a pesticide product set forth in subsection (b) of this section sold for application in accordance

with product manufacturer instructions pertaining to the following:

     (1) On domestic animals that are not livestock as defined by §4-7-6(1);

     (2) On bedding for said domestic animals;

     (3) On fabric; or

     (4) Within an enclosed indoor area.

     (e) The hearing authorized in subsection (b) of this section shall take place prior to

January 1, 2017, with the decision of the director to issue on or before March 1, 2017.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- PESTICIDE CONTROL--REGULATION OF

NEONICOTINOIDS

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     This act would require the director of the department of environmental management to

promulgate and adopt rules and regulations pertaining to the use of pesticide products containing

neonicotinoids and certain other chemicals with regard to any negative effects on agriculture and

native pollinator species, primarily honey and bumble bees, as to whether their application should

be prohibited or limited within the state.

     This act would take effect upon passage.

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LC005272

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