Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1041 Latest Draft

Bill / Introduced Version Filed 02/27/2025

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HOUSE DOCKET, NO. 2981       FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 1041
The Commonwealth of Massachusetts
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PRESENTED BY:
Lindsay N. Sabadosa
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to protect pollinators and public health.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Lindsay N. Sabadosa1st Hampshire1/16/2025Erika Uyterhoeven27th Middlesex2/19/2025Samantha Montaño15th Suffolk2/20/2025 1 of 3
HOUSE DOCKET, NO. 2981       FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 1041
By Representative Sabadosa of Northampton, a petition (accompanied by bill, House, No. 1041) 
of Lindsay N. Sabadosa, Erika Uyterhoeven and Samantha Montaño relative to the use and 
protection of pollinators by further regulating the spraying, release, deposit or application of a 
neonicotinoid on certain agricultural land. Environment and Natural Resources.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to protect pollinators and public health.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Section 2 of chapter 132B of the General Laws is hereby amended by 
2inserting after the definition of “Nematode” the following definition:-
3 “Neonicotinoid,” a pesticide belonging to the neonicotinoid class of chemicals which act 
4selectively on nicotine acetylcholine receptors, including but not limited to, imidacloprid, 
5acetamiprid, clothianidin, dinotefuran, nithiazine, nitenpyram, thiacloprid, and thiamethoxam, 
6and any other pesticide identified as a neonicotinoid by the United States Environmental 
7Protection Agency or the department.
8 SECTION 2. Said chapter 132B, as so appearing, is hereby amended by inserting after 
9section 16 the following section:- 2 of 3
10 Section 17. (a) Beginning on January 1, 2029, no person shall distribute, sell, or offer for 
11sale any agricultural seed for corn, wheat, or soybean if such seed is treated with a neonicotinoid 
12unless a waiver is issued by the department to the user of such seed pursuant to this section.
13 (b) Beginning on January 1, 2029, no person without a waiver issued by the department 
14pursuant to this section shall use any agricultural seed for corn, wheat, or soybean if such seed is 
15treated with a neonicotinoid.
16 (c) The department may issue a waiver to allow the use of agricultural seeds treated with 
17a neonicotinoid for the production of agricultural crops only upon application by a person who 
18has completed an integrated pest management training, conducted a pest risk assessment, and 
19submitted to the department a pest risk assessment report. The department may issue a waiver if, 
20after review of the pest risk assessment report, the department determines the following: (i) that 
21the occurrence of a pest presents a significant risk of imminent harm, injury, or loss to 
22agricultural crops; (ii) that the use of agricultural seeds treated with a neonicotinoid will be 
23effective in addressing the pest risk; (iii) that the use of agricultural seeds treated with a 
24neonicotinoid will not cause unreasonable adverse effects on the environment, including on non-
25target organisms, surface water quality, and groundwater quality; and (iv) that no other less 
26harmful seed treatment, pesticide, or pest management practice will be effective in addressing 
27the pest risk.
28 (d) A waiver issued pursuant to this section shall: (i) provide the basis for the 
29determinations made by the department pursuant to subsection (c) of this section; (ii) specify the 
30waiver’s geographic scope, which may include only properties identified in the pest risk 
31assessment report; and (iii) specify the waiver’s start date and duration, not to exceed one year. 3 of 3
32 (e) A person issued a waiver pursuant to this section for the use of agricultural seeds 
33treated with a neonicotinoid shall maintain copies of related pest risk assessment reports and 
34records of the use of agricultural seeds treated with a neonicotinoid, include the date and location 
35of use. Such copies and records shall be subject to review upon request by the department.
36 (f) The department, in consultation with the board, may establish regulations for issuing 
37waivers pursuant to this section. Such regulations may prescribe application fees.
38 (g) Waivers issued 	pursuant to this section shall be public records. The department shall 
39make such waivers publicly available online.