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:

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

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amended by adding thereto the following section:

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

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

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

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

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

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

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

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

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

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

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     (1) Acetamiprid;

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     (2) Clothianidin;

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     (3) Dinotefuran;

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     (4) Imidacloprid;

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     (5) Nitenpyram;

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     (6) Nithizine; and

 

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     (7) Thiamethoxam.

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

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

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

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

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

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

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

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

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

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

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

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pesticide product application.

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

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

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with product manufacturer instructions pertaining to the following:

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     (1) On domestic animals that are not livestock as defined by ยง4-7-6(1);

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     (2) On bedding for said domestic animals;

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     (3) On fabric; or

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     (4) Within an enclosed indoor area.

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

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

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     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

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

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

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

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be prohibited or limited within the state.

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     This act would take effect upon passage.

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