Senate File 52 - IntroducedA Bill ForAn Act 1prohibiting the sale or use of pesticides containing a
2compound belonging to the neonicotinoid class of chemicals,
3making penalties applicable, and including effective date
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  206.32A  Neonicotinoid class of
2chemicals — prohibition.
   31.  A person shall not offer for sale, sell, purchase, apply,
4or use a pesticide containing a compound belonging to the
5neonicotinoid class of chemicals.
   62.  a.  A compound belonging to the neonicotinoid class of
7chemicals shall at least include any of the following:
   8(1)  Acetamiprid.
   9(2)  Clothianidin.
   10(3)  Dinotefuran.
   11(4)  Imidacloprid.
   12(5)  Nitenpyram.
   13(6)  Nithiazine.
   14(7)  Thiacloprid.
   15(8)  Thiamethoxam.
   16b.  The department may adopt by rule other compounds
17belonging to the neonicotinoid class of chemicals.
   183.  The department, in conjunction with the department of
19natural resources, shall do all of the following:
   20a.  Identify existing stocks of pesticides containing a
21compound belonging to the neonicotinoid class of chemicals.
   22b.  Prepare recommendations for the safe disposal of existing
23stocks of pesticides containing a compound belonging to the
24neonicotinoid class of chemicals. Each department shall
25publish those recommendations on their respective internet
26sites.
27   Sec. 2.  EFFECTIVE DATE.  This Act takes effect January 1,
282022.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
   32GENERAL. This bill amends Code chapter 206, which
33provides for the regulation of pesticides by the department of
34agriculture and land stewardship (DALS), including provisions
35that prohibit certain chemicals such as chlordane (Code section
-1-1206.32) and daminozide (Code section 206.33).
   2PROHIBITION. The bill prohibits a person from offering
3for sale, selling, purchasing, applying, or using a pesticide
4that includes a compound belonging to the neonicotinoid class
5of chemicals (new Code section 206.32A). A neonicotinoid is
6derived from nicotine, acts as a neurotoxin, and is used as
7an insecticide when managing plant production through a wide
8variety of methods including by spraying crops and treating
9crop seeds. It is also used in nursery and garden care
10products, as part of animal husbandry practices (including
11livestock and pet care), and in aquaculture. DALS, in
12cooperation with the department of natural resources, is
13required to identify existing stocks of such pesticides and
14assist owners to provide for the pesticide’s safe disposal.
   15PENALTY. A person who violates a provision of Code
16chapter 206 is guilty of a serious misdemeanor (Code section
17206.22(2)). A serious misdemeanor is punishable by confinement
18for no more than one year and a fine of at least $430 but not
19more than $2,560.
   20EFFECTIVE DATE. The bill takes effect January 1, 2022.
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