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House File 501 - IntroducedA Bill ForAn Act 1restricting the sale and use of pesticides containing
2compounds belonging to the neonicotinoid class of chemicals,
3making penalties applicable, and including applicability
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 206.20, Code 2021, is amended to read as
2follows:
3206.20 Restricted use pesticides classified.
41. The secretary shall determine, by rule, the pesticides
5to be classified as restricted use pesticides. In determining
6these rules the secretary shall take into consideration the
7pesticides classified as restricted use by the United States
8environmental protection agency and is authorized to adopt by
9reference these classifications.
102. a. A pesticide containing a compound belonging to the
11neonicotinoid class of chemicals shall be classified as a
12restricted use pesticide.
13b. A compound belonging to the neonicotinoid class of
14chemicals shall at least include all of the following:
15(1) Acetamiprid.
16(2) Clothianidin.
17(3) Dinotefuran.
18(4) Imidacloprid.
19(5) Nitenpyram.
20(6) Nithiazine.
21(7) Thiacloprid.
22(8) Thiamethoxam.
23c. The department may adopt by rule other compounds
24belonging to the neonicotinoid class of chemicals.
25 Sec. 2. APPLICABILITY. This Act applies to the use of a
26pesticide containing a compound belonging to the neonicotinoid
27class of chemicals as a restricted use pesticide as provided
28in chapter 206, if such pesticide was purchased on and after
29January 1, 2022.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33GENERAL. This bill classifies a pesticide containing a
34compound belonging to the neonicotinoid class of chemicals as a
35restricted use pesticide subject to special regulations.
-1- 1BACKGROUND. State law regulates the offer for sale, sale,
2purchase, and use of pesticides as administered and enforced
3by the department of agriculture and land stewardship (DALS)
4(Code chapter 206). A pesticide is broadly defined to include
5a substance used to control insects, rodents, nematodes, fungi,
6and weeds (Code section 206.2(21)).
7Generally, a pesticide dealer licensed by DALS is prohibited
8from offering for sale or selling a restricted use pesticide to
9a person other than a commercial, public, or private applicator
10certified by DALS, and the dealer or applicator may also be
11subject to certain recordkeeping requirements (see Code section
12206.5, 21 IAC 45.26, 21 IAC 45.51, and 40 CFR 152.170). A
13neonicotinoid is derived from nicotine, acts as a neurotoxin,
14and is used as an insecticide when managing plant production
15through a wide variety of methods including by spraying crops
16and treating crop seeds. It is also used in nursery and garden
17care products, as part of animal husbandry practices (including
18livestock and pet care), and in aquaculture.
19PENALTY. A person who violates a provision of Code
20chapter 206 is guilty of a serious misdemeanor (Code section
21206.22(2)). A serious misdemeanor is punishable by confinement
22for no more than one year and a fine of at least $430 but not
23more than $2,560.
24APPLICABILITY PROVISIONS. The bill applies to the use of a
25pesticide containing a compound belonging to the neonicotinoid
26class of chemicals as a restricted use pesticide, so long as
27such pesticide was purchased on and after January 1, 2022.
-2-da/ns
2compounds belonging to the neonicotinoid class of chemicals,
3making penalties applicable, and including applicability
4provisions.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 206.20, Code 2021, is amended to read as
2follows:
3206.20 Restricted use pesticides classified.
41. The secretary shall determine, by rule, the pesticides
5to be classified as restricted use pesticides. In determining
6these rules the secretary shall take into consideration the
7pesticides classified as restricted use by the United States
8environmental protection agency and is authorized to adopt by
9reference these classifications.
102. a. A pesticide containing a compound belonging to the
11neonicotinoid class of chemicals shall be classified as a
12restricted use pesticide.
13b. A compound belonging to the neonicotinoid class of
14chemicals shall at least include all of the following:
15(1) Acetamiprid.
16(2) Clothianidin.
17(3) Dinotefuran.
18(4) Imidacloprid.
19(5) Nitenpyram.
20(6) Nithiazine.
21(7) Thiacloprid.
22(8) Thiamethoxam.
23c. The department may adopt by rule other compounds
24belonging to the neonicotinoid class of chemicals.
25 Sec. 2. APPLICABILITY. This Act applies to the use of a
26pesticide containing a compound belonging to the neonicotinoid
27class of chemicals as a restricted use pesticide as provided
28in chapter 206, if such pesticide was purchased on and after
29January 1, 2022.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33GENERAL. This bill classifies a pesticide containing a
34compound belonging to the neonicotinoid class of chemicals as a
35restricted use pesticide subject to special regulations.
-1- 1BACKGROUND. State law regulates the offer for sale, sale,
2purchase, and use of pesticides as administered and enforced
3by the department of agriculture and land stewardship (DALS)
4(Code chapter 206). A pesticide is broadly defined to include
5a substance used to control insects, rodents, nematodes, fungi,
6and weeds (Code section 206.2(21)).
7Generally, a pesticide dealer licensed by DALS is prohibited
8from offering for sale or selling a restricted use pesticide to
9a person other than a commercial, public, or private applicator
10certified by DALS, and the dealer or applicator may also be
11subject to certain recordkeeping requirements (see Code section
12206.5, 21 IAC 45.26, 21 IAC 45.51, and 40 CFR 152.170). A
13neonicotinoid is derived from nicotine, acts as a neurotoxin,
14and is used as an insecticide when managing plant production
15through a wide variety of methods including by spraying crops
16and treating crop seeds. It is also used in nursery and garden
17care products, as part of animal husbandry practices (including
18livestock and pet care), and in aquaculture.
19PENALTY. A person who violates a provision of Code
20chapter 206 is guilty of a serious misdemeanor (Code section
21206.22(2)). A serious misdemeanor is punishable by confinement
22for no more than one year and a fine of at least $430 but not
23more than $2,560.
24APPLICABILITY PROVISIONS. The bill applies to the use of a
25pesticide containing a compound belonging to the neonicotinoid
26class of chemicals as a restricted use pesticide, so long as
27such pesticide was purchased on and after January 1, 2022.
-2-da/ns