House
File
501
-
Introduced
HOUSE
FILE
501
BY
MASCHER
,
STAED
,
and
WINCKLER
A
BILL
FOR
An
Act
restricting
the
sale
and
use
of
pesticides
containing
1
compounds
belonging
to
the
neonicotinoid
class
of
chemicals,
2
making
penalties
applicable,
and
including
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1033YH
(6)
89
da/ns
H.F.
501
Section
1.
Section
206.20,
Code
2021,
is
amended
to
read
as
1
follows:
2
206.20
Restricted
use
pesticides
classified.
3
1.
The
secretary
shall
determine,
by
rule,
the
pesticides
4
to
be
classified
as
restricted
use
pesticides.
In
determining
5
these
rules
the
secretary
shall
take
into
consideration
the
6
pesticides
classified
as
restricted
use
by
the
United
States
7
environmental
protection
agency
and
is
authorized
to
adopt
by
8
reference
these
classifications.
9
2.
a.
A
pesticide
containing
a
compound
belonging
to
the
10
neonicotinoid
class
of
chemicals
shall
be
classified
as
a
11
restricted
use
pesticide.
12
b.
A
compound
belonging
to
the
neonicotinoid
class
of
13
chemicals
shall
at
least
include
all
of
the
following:
14
(1)
Acetamiprid.
15
(2)
Clothianidin.
16
(3)
Dinotefuran.
17
(4)
Imidacloprid.
18
(5)
Nitenpyram.
19
(6)
Nithiazine.
20
(7)
Thiacloprid.
21
(8)
Thiamethoxam.
22
c.
The
department
may
adopt
by
rule
other
compounds
23
belonging
to
the
neonicotinoid
class
of
chemicals.
24
Sec.
2.
APPLICABILITY.
This
Act
applies
to
the
use
of
a
25
pesticide
containing
a
compound
belonging
to
the
neonicotinoid
26
class
of
chemicals
as
a
restricted
use
pesticide
as
provided
27
in
chapter
206,
if
such
pesticide
was
purchased
on
and
after
28
January
1,
2022.
29
EXPLANATION
30
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
31
the
explanation’s
substance
by
the
members
of
the
general
assembly.
32
GENERAL.
This
bill
classifies
a
pesticide
containing
a
33
compound
belonging
to
the
neonicotinoid
class
of
chemicals
as
a
34
restricted
use
pesticide
subject
to
special
regulations.
35
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2
H.F.
501
BACKGROUND.
State
law
regulates
the
offer
for
sale,
sale,
1
purchase,
and
use
of
pesticides
as
administered
and
enforced
2
by
the
department
of
agriculture
and
land
stewardship
(DALS)
3
(Code
chapter
206).
A
pesticide
is
broadly
defined
to
include
4
a
substance
used
to
control
insects,
rodents,
nematodes,
fungi,
5
and
weeds
(Code
section
206.2(21)).
6
Generally,
a
pesticide
dealer
licensed
by
DALS
is
prohibited
7
from
offering
for
sale
or
selling
a
restricted
use
pesticide
to
8
a
person
other
than
a
commercial,
public,
or
private
applicator
9
certified
by
DALS,
and
the
dealer
or
applicator
may
also
be
10
subject
to
certain
recordkeeping
requirements
(see
Code
section
11
206.5,
21
IAC
45.26,
21
IAC
45.51,
and
40
CFR
152.170).
A
12
neonicotinoid
is
derived
from
nicotine,
acts
as
a
neurotoxin,
13
and
is
used
as
an
insecticide
when
managing
plant
production
14
through
a
wide
variety
of
methods
including
by
spraying
crops
15
and
treating
crop
seeds.
It
is
also
used
in
nursery
and
garden
16
care
products,
as
part
of
animal
husbandry
practices
(including
17
livestock
and
pet
care),
and
in
aquaculture.
18
PENALTY.
A
person
who
violates
a
provision
of
Code
19
chapter
206
is
guilty
of
a
serious
misdemeanor
(Code
section
20
206.22(2)).
A
serious
misdemeanor
is
punishable
by
confinement
21
for
no
more
than
one
year
and
a
fine
of
at
least
$430
but
not
22
more
than
$2,560.
23
APPLICABILITY
PROVISIONS.
The
bill
applies
to
the
use
of
a
24
pesticide
containing
a
compound
belonging
to
the
neonicotinoid
25
class
of
chemicals
as
a
restricted
use
pesticide,
so
long
as
26
such
pesticide
was
purchased
on
and
after
January
1,
2022.
27
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da/ns
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2