In this subtitle the following words have the meanings indicated.
“Certified applicator” has the meaning stated in § 5–201 of this title.
“Neonicotinoid pesticide” means any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including:
Imidacloprid;
Nithiazine;
Acetamiprid;
Clothianidin;
Dinotefuran;
Thiacloprid;
Thiamethoxam; and
Any other chemical designated by the Department as belonging to the neonicotinoid class of chemicals.
“Restricted use pesticide” has the meaning stated in § 5–201 of this title.
This section does not apply to:
Pet care products used to mitigate fleas, mites, ticks, heartworms, or other animals that are harmful to the health of a domesticated animal;
Personal care products used to mitigate lice and bedbugs; and
Indoor pest control products used to mitigate insects indoors, including ant bait.
On or after January 1, 2018, a person may not sell at retail in the State a neonicotinoid pesticide unless the person also sells a restricted use pesticide.
A person that sells a neonicotinoid pesticide under paragraph (1) of this subsection:
May sell a neonicotinoid pesticide only to a certified applicator or a farmer; and
Shall store each neonicotinoid pesticide in a manner that is inaccessible to a customer without the assistance from the person or an employee of the person.
On or after January 1, 2018, a person may not use a neonicotinoid pesticide unless the person is:
A certified applicator or a person working under the supervision of a certified applicator;
A farmer, or a person under the supervision of a farmer, who uses the pesticide for agricultural purposes, including crop production, livestock, poultry, equine, and noncrop agricultural fields; or
A veterinarian.
The Department shall incorporate pollinator habitat expansion and enhancement practices into the State’s Managed Pollinator Protection Plan developed in coordination with the U.S. Environmental Protection Agency.
On completion of the U.S. Environmental Protection Agency’s pollinator risk assessment of the neonicotinoid pesticides imidacloprid, clothianidin, thiamethoxam, and dinotefuran, the Department shall review the State’s pesticide laws and regulations and make recommendations for any changes necessary to ensure State laws and regulations are protective of pollinators, taking into account the U.S. Environmental Protection Agency recommendations.
Within 6 months of the U.S. Environmental Protection Agency’s completed pollinator risk assessment of neonicotinoid pesticides, the Department shall report its findings and recommendations to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
A person who violates this subtitle is subject to a civil penalty of $250.