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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0091*
HOUSE BILL 91
M4, M3 6lr1680
(PRE–FILED)
By: Delegates Healey and Ruth
Requested: November 1, 2025
Introduced and read first time: January 14, 2026
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Agriculture – Neonicotinoid Pesticides – Prohibitions 2
FOR the purpose of prohibiting a person from distributing, selling, or using certain seeds 3
that have been coated in or treated with a neonicotinoid pesticide, subject to certain 4
exceptions; prohibiting a person from using a neonicotinoid pesticide to treat outdoor 5
ornamental plants and turf, subject to certain exceptions; authorizing the Secretary 6
of Agriculture to temporarily suspend the prohibitions under this Act under certain 7
circumstances and in a certain manner; and generally relating to neonicotinoid 8
pesticides. 9
BY repealing and reenacting, with amendments, 10
Article – Agriculture 11
Section 5–2A–01 and 5–2A–02(c) 12
Annotated Code of Maryland 13
(2016 Replacement Volume and 2025 Supplement) 14
BY adding to 15
Article – Agriculture 16
Section 5–2A–02(d) and (e) 17
Annotated Code of Maryland 18
(2016 Replacement Volume and 2025 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
Article – Agriculture 22
5–2A–01. 23
(a) In this subtitle the following words have the meanings indicated. 24
2 HOUSE BILL 91
(b) “Certified applicator” has the meaning stated in § 5–201 of this title. 1
(C) (1) “ENVIRONMENTAL EMERGEN CY” MEANS AN OCCURRENCE OF 2
ANY PEST WHICH PRESENTS: 3
(I) A SIGNIFICANT RISK OF HARM OR INJURY TO THE 4
ENVIRONMENT; OR 5
(II) A SIGNIFICANT HARM, INJURY, OR LOSS TO AGRICULTURAL 6
CROPS. 7
(2) “ENVIRONMENTAL EMERGEN CY” INCLUDES THE PRESENCE OF 8
PESTS FOR WHICH THE SECRETARY, IN CONSULTATION WITH THE DEPARTMENT OF 9
THE ENVIRONMENT AND THE DEPARTMENT OF NATURAL RESOURCES, 10
DETERMINES NEED PREVENTIVE MEASURES TO AVERT A SIGNIFICANT RISK. 11
[(c)] (D) “Neonicotinoid pesticide” means any pesticide containing a chemical 12
belonging to the neonicotinoid class of chemicals, including: 13
(1) Imidacloprid; 14
(2) Nithiazine; 15
(3) Acetamiprid; 16
(4) Clothianidin; 17
(5) Dinotefuran; 18
(6) Thiacloprid; 19
(7) Thiamethoxam; and 20
(8) Any other chemical designated by the Department as belonging to the 21
neonicotinoid class of chemicals. 22
[(d)] (E) “Restricted use pesticide” has the meaning stated in § 5–201 of this title. 23
5–2A–02. 24
(c) On or after January 1, 2018, AND SUBJECT TO SUBSE CTION (E) OF THIS 25
SECTION, a person may not use a neonicotinoid pesticide unless the person is: 26
(1) A certified applicator or a person working under the supervision of a 27
certified applicator; 28
HOUSE BILL 91 3
(2) A farmer, or a person under the supervision of a farmer, who uses the 1
pesticide for agricultural purposes, including crop production, livestock, poultry, equine, 2
and noncrop agricultural fields; or 3
(3) A veterinarian. 4
(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 5
PERSON MAY NOT DISTRIBUTE, SELL, OR USE ANY CORN, SOYBEAN, OR WHEAT SEEDS 6
COATED IN OR TREATED WITH A NEONICOTINOID PESTICIDE. 7
(2) (I) THE SECRETARY MAY TEMPORARILY SUSPEND THE 8
PROHIBITION UNDER PARAGRAPH (1) OF THIS SUBSECTION IF THE SECRETARY, IN 9
CONSULTATION WITH THE DEPARTMENT OF THE ENVIRONMENT AND THE 10
DEPARTMENT OF NATURAL RESOURCES, DETERMINES THAT: 11
1. THERE IS AN INSUFFICI ENT AMOUNT OF 12
COMMERCIALLY AVAILABLE SEED THAT HAS NOT BEEN TREATED WITH A 13
NEONICOTINOID PESTICIDE; OR 14
2. COMPLIANCE WITH PARAG RAPH (1) OF THIS 15
SUBSECTION WOULD RES ULT IN AN UNDUE FINA NCIAL HARDSHIP TO 16
AGRICULTURAL PRODUCERS. 17
(II) ANY TEMPORARY SUSPENSION UNDER THIS PARAGRA PH 18
SHALL BE IN EFFECT FOR 1 YEAR, AFTER WHICH THE SECRETARY SHAL L 19
RE–EVALUATE THE SUSPENSION IN ACCORDANCE WITH THIS PARAGRAPH. 20
(III) THE SECRETARY SHALL PUBLISH A WRITTEN DIRECTIVE OF 21
ANY TEMPORARY SUSPENSION UNDER THIS PARAGRAPH THAT SPECIFIES: 22
1. THE TYPE OF SEED S AUTHORIZED UNDER T HE 23
DIRECTIVE; AND 24
2. THE DATE BY WHICH THE SECRETARY WILL 25
RE–EVALUATE THE SUSPENSION. 26
(E) (1) THIS SUBSECTION DOES NOT APPLY TO: 27
(I) THE PRODUCTION OF AGRICULTURAL COMMODITIES; AND 28
(II) THE APPLICATION OF PESTI CIDES BY A CERTIFIED 29
APPLICATOR TO TREAT INVASIVE SPECIES IN WOODY PLANTS. 30
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(2) EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION, A 1
PERSON MAY NOT USE A NEONICOTINOID PESTIC IDE TO TREAT OUTDOOR 2
ORNAMENTAL PLANTS AND TURF. 3
(3) (I) THE SECRETARY MAY TEMPORA RILY SUSPEND THE 4
PROHIBITION UNDER PARAGRAPH (2) OF THIS SUBSECTION IF THE SECRETARY, IN 5
CONSULTATION WITH THE DEPARTMENT OF THE ENVIRONMENT AND THE 6
DEPARTMENT OF NATURAL RESOURCES, DETERMINES THAT: 7
1. A VALID ENVIRONMENTAL EMERGENCY EXISTS; 8
2. A NEONICOTINOID PESTICIDE WOULD BE EFFECTI VE 9
IN ADDRESSING THE ENVIRONMENTAL EMERGENCY; AND 10
3. THERE IS NO OTHER LES S HARMFUL PESTICIDE OR 11
PEST MANAGEMENT PRAC TICE THAT WOULD BE E FFECTIVE IN ADDRESSI NG THE 12
ENVIRONMENTAL EMERGENCY. 13
(II) THE SECRETARY SHALL PUBLISH A WRITTEN DIRECTIVE OF 14
ANY TEMPORARY SUSPENSION UNDER THIS PARAGRAPH THAT SPECIFIES: 15
1. THE TYPE OF NEONICOTINOID PESTIC IDE 16
AUTHORIZED UNDER THE DIRECTIVE; AND 17
2. THE DATE THROUGH WHICH THE DIRECTIVE APPLIES, 18
WHICH MAY NOT BE LON GER THAN 1 YEAR FROM THE EFFECT IVE DATE OF THE 19
DIRECTIVE. 20
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 21
October 1, 2026. 22