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2021 SESSION

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HB 2030 Neonicotinoid pesticides; application in residentially zoned outdoor areas, civil penalty.

Introduced by: Paul E. Krizek | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Neonicotinoid pesticides; notice; civil penalty. Prohibits any person from applying an aerosolized neonicotinoid insecticide for personal use unless the person (i) is certified or under the direct supervision of a certified applicator or (ii) provides 24 hours' notice to the owner of any managed beehive within the line of sight of the application area. A person who violates the prohibition shall be subject to a civil penalty of $100.

SUMMARY AS INTRODUCED:

Neonicotinoid pesticides; local regulation and notice; penalty. Requires a person who uses a neonicotinoid pesticide, defined in the bill, to give prior written notice at every address within one-half mile and authorizes the Board of Agriculture and Consumer Services to adopt regulations to enforce the provisions of the bill. A violation of the failure to give notice is a Class 1 misdemeanor and shall be subject to an additional fine of up to $500,000 if death or serious physical harm to any person is caused by the violation.

The bill also authorizes any locality to regulate or prohibit the distribution, possession, or sale of any neonicotinoid or other pesticide that the locality deems harmful to pollinators or to regulate or prohibit any outdoor use in an area that is zoned for residential, business, commercial, or industrial use. A person who violates such ordinance shall be subject to a civil penalty, not to exceed $50 for the first violation or violations arising from the same set of operative facts, and $200 for subsequent violations within a 12-month period, but not to exceed $3,000 within a 12-month period.