wa-law.org > bill > 2023-24 > SB 5972 > Original Bill
The legislature finds that pollinators, including bees, butterflies, and birds, play a critical role in sustaining biodiversity and ecosystem health. The legislature further finds that pollinators are vital to agricultural production in the state and that approximately 75 percent of food crops depend upon pollinators.
The legislature finds that neonicotinoids are the most widely used pesticides in the world. Neonicotinoids are less toxic to mammals and vertebrates than older insecticides and have beneficial uses such as those associated with pet care and veterinary treatment, personal care, indoor pest control, wood preservation, and structural insulation. However, neonicotinoids can be toxic to pollinators and misapplication of neonicotinoids contributes to bee colony collapse and the decline of pollinator species. The legislature intends to protect pollinators by restricting the use of neonicotinoids and supporting consumer education so that people do not inadvertently apply neonicotinoids in ways that are harmful to pollinators.
The legislature recognizes that agricultural production depends on reliable pest management and allows certain applications of neonicotinoids for agricultural production that do not harm pollinators. Products designed to control pests in home gardens and landscapes that contain neonicotinoids should also be limited to applications that do not harm pollinators. Understandable information about the impact of products designed to manage pests in home gardens and landscapes on pollinators should be provided to customers. Private and nonprofit organizations engaged in public outreach and education regarding the role of pollinators and pollinator health are important partners in consumer education.
Beginning January 1, 2026, a person may not use neonicotinoid pesticides on outdoor plants in this state, except on nonblossoming plants during the production of an agricultural commodity.
Neonicotinoid pesticides must be designated as state restricted use pesticides if the pesticide label contains a section with the heading "agricultural use requirements" or "nonagricultural use requirements."
The director, upon identification of an urgent pest threat, may authorize the sale, possession, or use of neonicotinoid pesticides by written order. The director must make reasonable efforts to inform the public of the urgent pest threat identified. The written order must include:
The urgent pest threat identified;
The neonicotinoid pesticide to be used in addressing the urgent pest threat;
All other less harmful pesticides or pest management practices considered that were not deemed to be effective in addressing the urgent pest threat;
The geographic scope of the written order; and
The duration that the order is in effect, not to exceed one year.
The provisions of this section do not apply to appropriately licensed individuals conducting research of neonicotinoid pesticides in accordance with all other pesticide laws and rules.
By June 30, 2025, and every four years thereafter, the department shall review and update rules under RCW 15.58.040 to administer and enforce this chapter as those rules relate to neonicotinoid pesticides.
The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
"Agricultural commodity" means any plant, or part of a plant, or animal, or animal product, produced by farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aquaculturists, floriculturists, orchardists, foresters, or other persons primarily for sale, consumption, propagation, or other use by people or animals.
"Blossoming plants" has the same meaning as that term is defined in WAC 16-228-1010.
"Neonicotinoid pesticide" means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals including, but not limited to, acetamiprid, clothianidin, dinotefuran, flonicamid, imidacloprid, nitenpyram, nithiazine, thiacloprid, thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.
"Urgent pest threat" means an occurrence of a pest that presents a significant risk of harm or injury to the environment or human health or significant harm, injury, or loss to agricultural crops including, but not limited to, an invasive species as defined in chapter 77.135 RCW.