Bill Text: NH HB646 | 2019 | Regular Session | Introduced

Bill Title: Relative to labeling, signage, and restrictions on the sales and use of bee-toxic pesticides.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced - Dead) 2019-11-14 - Minority Committee Report: Inexpedient to Legislate [HB646 Detail]

Download: New_Hampshire-2019-HB646-Introduced.html










AN ACT relative to labeling, signage, and restrictions on the sales and use of bee-toxic pesticides.


SPONSORS: Rep. Sofikitis, Hills. 34; Rep. P. Schmidt, Straf. 19; Rep. Huot, Belk. 3; Rep. Cannon, Straf. 18; Rep. Rogers, Merr. 28; Rep. King, Hills. 33; Rep. DesMarais, Carr. 6; Rep. Grassie, Straf. 11; Rep. Massimilla, Graf. 1; Rep. Horrigan, Straf. 6


COMMITTEE: Environment and Agriculture






This bill:


I.  Defines bee-toxic pesticide.


II.  Restricts the use of bee-toxic pesticides which affect all species of pollinators.


III.  Requires certain state agencies to create and publish a list of best practices for the agricultural industry and the general public to transition away from the use of bee-toxic pesticides.


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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.






In the Year of Our Lord Two Thousand Nineteen


AN ACT relative to labeling, signage, and restrictions on the sales and use of bee-toxic pesticides.


Be it Enacted by the Senate and House of Representatives in General Court convened:


1  New Paragraph; Definition of Bee-Toxic Pesticide.  Amend RSA 430:29 by inserting after paragraph III the following new paragraph:

III-a.  “Bee-toxic pesticide” means a systemic insecticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act and includes insecticides within the neonicotinoid, sulfoxamine, butenolide, and phenylpyrazole class of chemicals.  These include, but are not limited to, the active ingredients imidacloprid, acetamiprid, clothianidin, dinotefuran, thiazine nitenpyram, thiacloprid, thiamethoxam, sulfoxaflor, flupyradifurone, and fipronil.

2  New Paragraph; Bee-Toxic Pesticides Prohibited.  Amend RSA 430:41 by inserting after paragraph V the following new paragraph:

VI.  It shall be unlawful for any person to use, distribute, sell, or offer for sale within this state any product containing a bee-toxic pesticide or seed treated with a bee-toxic pesticide unless the product:

(a)  Is a pet care product used to mitigate fleas, mites, ticks, heartworms, or other pests that are harmful to the health of a domesticated animal;

(b)  Is a personal care product used to mitigate lice and bedbugs; or

(c)  Is an indoor pest control product used to mitigate insects indoors, including ant bait.

3  New Subdivision; Pollinator Protection.  Amend RSA 430 by inserting after section 57 the following new subdivision:

Pollinator Protection

430:58  Pollinator Protection.

I.  The New Hampshire department of agriculture, markets, and food, in collaboration with the New Hampshire agricultural experiment station and New Hampshire department of environmental services shall, in consultation with other state agencies, scientists, farmers, nongovernmental organizations, and other relevant organizations, issue:

(a)  Beginning in 2021, an annual report to the legislature that provides a list of pesticides and approximate quantity used for each pesticide on all agricultural land affected by RSA 430:41, VI, and;

(b)  Within 6 months of the effective date of this section, guidelines for best practices and alternative pest management approaches to assist the agricultural industry in transitioning away from the use of bee-toxic pesticides and establishing pollinator habitats.  Such practice guideline shall be made available by posting such best practices on the Internet websites of the collaborating state agencies.

II.  Not later than 6 months after the effective date of this section, the New Hampshire agricultural experiment station shall develop a citizen's guide to model pollinator habitat that shall be made available on the Internet website of the New Hampshire agricultural experiment station.  Such guide shall include, but not be limited to:

(a)  Clearly stated information and steps to take for the establishment of a succession of flowers, wildflowers, vegetables, weeds, herbs, ornamental plants, cover crops, and legume species to attract honey bees and other pollinators, provided such information shall also include suggested groupings or clumpings of such plantings to establish a long season of continuous bloom for such plantings;

(2)  Information on how to protect important nesting sites for honey bees and other pollinators; and

(3)  Resources on alternatives to the use of bee-toxic pesticides for outdoor non agricultural pest management.

III.  Within 18 months of the effective date of this section, the New Hampshire department of environmental services shall appoint an ongoing panel of experts to conduct an annual review of relevant scientific literature relating to pesticides and their toxicity to pollinators and pollinator habitats, determine whether there are other pesticides that pose a threat to pollinators, and if so, recommend their inclusion in the definition of bee-toxic pesticide in RSA 430:29, III-a.  The panel of experts shall include 15 individuals, including: 4 scientists with expertise on pollinators and ecosystems, 3 beekeepers, one of whom shall be a commercial beekeeper, one of whom shall be a hobby beekeeper, and one of whom shall be a beekeeper who does not use chemical treatments on his or her hive, 2 organic farmers, 2 conventional farmers, 3 representatives of environmental, conservation, or resource organizations, and 1 representative from the pesticide industry specializing in pollinator issues.  Except for the pesticide industry representative, no member of the panel may be employed or supported through contributions, donations, remunerations, or grants by the pesticide or agricultural industry, or related groups.  Members of the panel shall serve 3 year terms and there shall be no limit on successive terms.  The panel shall make an annual report describing the results of its annual review to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, and the state library on September 1.

4  Effective Date.  This act shall take effect 60 days after its passage.









AN ACT relative to labeling, signage, and restrictions on the sales and use of neonicotinoid pesticides.



The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2020 through 2023.



Department of Agriculture, Markets and Food and Department of Environmental Services