Wash. Rev. Code § 15.58.NEW

Current through Chapter 376 of the 2024 Regular Session
Section 15.58.NEW - [Newly enacted section not yet numbered] [Use of neonicotinoid insecticides on nonproduction outdoor ornamental plants, trees, and turf]
(1) Beginning January 1, 2026, a person may not use neonicotinoid insecticides on nonproduction outdoor ornamental plants, trees, and turf in this state, unless the application is made as part of a licensed application, a tree injection, or during the production of an agricultural commodity.
(2) The director, upon identification of an urgent pest threat, may authorize the sale, possession, or use of neonicotinoid insecticides that are restricted under subsection (1) of this section by written order. The director must make reasonable efforts to inform the public of the urgent pest threat identified. The written order must include:
(a) The urgent pest threat identified;
(b) The neonicotinoid insecticide to be used in addressing the urgent pest threat;
(c) All other less harmful insecticides or pest management practices considered that were not deemed to be effective in addressing the urgent pest threat;
(d) The geographic scope of the written order; and
(e) The duration that the order is in effect, not to exceed one year.
(3) 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 insecticides.
(4) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "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.
(b) "Neonicotinoid insecticide" means any insecticide containing a chemical belonging to the neonicotinoid class of chemicals including, but not limited to, acetamiprid, clothianidin, dinotefuran, imidacloprid, nitenpyram, nithiazine, thiacloprid, thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.
(c) "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.

RCW 15.58.NEW

Added by 2024 c 338,§ 2, eff. 6/6/2024.