Vermont H 372: An act relating to cooperative mobile homes and modular homes

Bill Text

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VT LEG #379830 v.1
H.372 1
Introduced by Representative O’Brien of Tunbridge 2
Referred to Committee on 3
Date: 4
Subject: Agriculture 5
Statement of purpose of bill as introduced: This bill proposes to prohibit the 6
application of neonicotinoid pesticides to nursery starts or potted plants. 7
An act relating to application of neonicotinoid pesticides to nursery starts 8
and herbaceous plants 9
It is hereby enacted by the General Assembly of the State of Vermont: 10
Sec. 1. 6 V.S.A. § 1101 is amended to read: 11
§ 1101. DEFINITIONS 12
As used in this chapter unless the context clearly requires otherwise: 13
(1) “Secretary” has the same meaning stated in subdivision 911(4) of 14
this title. 15
* * * 16
(4) “Economic poison” has the same meaning stated in subdivision 17
911(5) of this title. 18
* * * 19

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(6) “Pesticide” for the purposes of this chapter is used interchangeably 1
with “economic poison.” 2
* * * 3
(8) “Neonicotinoid pesticide” means any economic poison containing a 4
chemical belonging to the neonicotinoid class of chemicals. 5
* * * 6
(15) “Ornamental plants” mean perennials, annuals, and groundcover 7
purposefully planted for aesthetic reasons. 8
(16) “Nursery starts” are young plants that have been grown in a nursery 9
and are ready to be transplanted. “Nursery starts” may be known as seedlings 10
or starter plants. 11
(17) “Potted plant” means any herbaceous, horticultural, or ornamental 12
plant sold in a container that is less than a gallon in size and that is not a 13
nursery start. 14
Sec. 2. 6 V.S.A. § 1105c is amended to read: 15
§ 1105c. NEONICOTINOID PESTICIDES; PROHIBITED USES 16
(a) The following uses of neonicotinoid pesticides are prohibited: 17
(1) the outdoor application of neonicotinoid pesticides to any crop 18
during bloom; 19

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(2) the outdoor application of neonicotinoid pesticides to soybeans or 1
any crop in the cereal grains crop group (crop groups 15, 15-22, 16, and 16-2
22); 3
(3) the outdoor application of neonicotinoid pesticides to crops in the 4
leafy vegetables; brassica; bulb vegetables; herbs and spices; and stalk, stem, 5
and leaf petiole vegetables crop groups (crop groups 3, 3-07, 4, 4-16, 5, 5-16, 6
19, 22, 25, and 26) harvested after bloom; and 7
(4) the application of neonicotinoid pesticides to ornamental plants; and 8
(5) the application of neonicotinoid pesticides to nursery starts or potted 9
plants. 10
(b) The Secretary of Agriculture, Food and Markets, after consultation with 11
the Secretary of Natural Resources, may issue a written exemption order to 12
suspend the provisions of subsection (a) of this section if the Secretary 13
determines that: 14
(1) a valid environmental emergency or agricultural emergency exists; 15
(2) the pesticide would be effective in addressing the environmental 16
emergency or the agricultural emergency; and 17
(3) no other, less harmful pesticide or pest management practice would 18
be effective in addressing the environmental emergency or the agricultural 19
emergency. 20

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(c) A written exemption order issued under subsection (b) of this section 1
shall: 2
(1) not be valid for more than one year; 3
(2) specify the neonicotinoid pesticides, uses, and crops, or plants to 4
which the exemption order applies; the date on which the exemption order 5
takes effect; the exemption order’s duration; and the exemption order’s 6
geographic scope, which may include specific farms, fields, or properties; and 7
(3) provide a detailed evaluation determining that an agricultural 8
emergency or an environmental emergency exists. 9
(d) A written exemption order issued under subsection (b) of this section 10
may: 11
(1) establish restrictions related to the use of neonicotinoid pesticides to 12
which the exemption order applies to minimize harm to pollinator populations, 13
bird populations, ecosystem health, and public health; or 14
(2) establish other restrictions related to the use of neonicotinoid 15
pesticides to which the exemption order applies that the Secretary of 16
Agriculture, Food and Markets considers necessary. 17
* * * 18
Sec. 3. EFFECTIVE DATE 19
This act shall take effect on July 1, 2025. 20