§ 23-25-40. Neonicotinoids restricted.
(a) All pesticides registered in the state that contain one or more neonicotinoids and are labeled as approved for outdoor use are hereby immediately classified as state limited use pesticide. Such pesticides shall not be:
(1) Sold or distributed to any person other than a certified applicator;
(2) Used or applied by any person other than a certified applicator or any person working under the direct supervision of a certified applicator;
(3) Applied, except in the course of academic research, to any linden or basswood tree; or
(4) Applied, except in the course of academic research, to any plant when such plant bears blossoms.
(b) This section does not apply to:
(1) Pet or veterinary care products used for preventing, destroying, repelling, or mitigating fleas, mites, ticks, heartworms, or other insects or organisms when applied to or administered to companion animals, livestock, or captive wild animals, regardless of whether the application or administration occurs indoors or outdoors;
(2) Personal care products used for preventing, destroying, repelling, or mitigating lice or bedbugs;
(3) Indoor pest control products used for preventing, destroying, repelling, or mitigating insects indoors and registered in this state only for indoor use;
(4) Products used for controlling wood-destroying pests in and around homes and other human-made structures, in accordance with the label; or
(5) An article or substance treated with, or containing, a neonicotinoid to protect the article or substance itself (for example, seeds treated with a neonicotinoid to protect the seeds or wood products treated to protect the wood against insect infestation), if the neonicotinoid is registered for such use.
(c) Nothing in this section shall prohibit the director from further restricting or regulating neonicotinoids pursuant to § 23-25-9.
History of Section.
P.L. 2022, ch. 149, § 2, effective January 1, 2024; P.L. 2022, ch. 150, § 2, effective
January 1, 2024.