Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H950 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 240 FILED ON: 1/7/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 950
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Carmine Lawrence Gentile
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act governing the use of pesticides containing the herbicide substance Glyphosate in the
13	13	Commonwealth.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Carmine Lawrence Gentile13th Middlesex1/7/2025James B. EldridgeMiddlesex and Worcester2/10/2025Colleen M. Garry36th Middlesex1/25/2025Adam J. Scanlon14th Bristol2/27/2025Bruce E. TarrFirst Essex and Middlesex2/26/2025 1 of 4
17	17	HOUSE DOCKET, NO. 240 FILED ON: 1/7/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 950
19	19	By Representative Gentile of Sudbury, a petition (accompanied by bill, House, No. 950) of
20	20	Carmine Lawrence Gentile and others relative to governing the use of pesticides containing the
21	21	herbicide substance Glyphosate in the Commonwealth. Environment and Natural Resources.
22	22	[SIMILAR MATTER FILED IN PREVIOUS SESSION
23	23	SEE HOUSE, NO. 813 OF 2023-2024.]
24	24	The Commonwealth of Massachusetts
25	25	_______________
26	26	In the One Hundred and Ninety-Fourth General Court
27	27	(2025-2026)
28	28	_______________
29	29	An Act governing the use of pesticides containing the herbicide substance Glyphosate in the
30	30	Commonwealth.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Chapter 132B of the General Laws is hereby amended by inserting after
34	34	2section 6K the following section:-
35	35	3 Section 6L. (a) No individual shall use a pesticide that contains the herbicide
36	36	4substance Glyphosate, unless the individual is appropriately licensed or authorized by the
37	37	5department pursuant to subsection (b).
38	38	6 The department’s licensure or authorization of an individual to use a pesticide
39	39	7containing said herbicide substance which has been registered as being for general use, shall be
40	40	8required when the pesticide is to be used on any land, whether or not the land is owned or 2 of 4
41	41	9controlled by the individual for any non-agricultural purpose or for the purpose of growing
42	42	10agricultural commodities.
43	43	11 (b) An individual who holds a valid certification, license or permit issued by the
44	44	12department as a certified applicator, commercial applicator, private applicator, licensed
45	45	13applicator or as an appropriate individual authorized by permit, may use a pesticide containing
46	46	14said herbicide substance, which is registered for a general use or restricted use, subject to
47	47	15compliance with all applicable provisions of this chapter and department regulations for the type
48	48	16of use such pesticide is classified.
49	49	17 If a pesticide that contains said herbicide substance is registered for a general
50	50	18use, an individual who holds a valid applicators license may use a pesticide containing said
51	51	19herbicide substance on any land without being under the direct supervision of another who is a
52	52	20certified applicator.
53	53	21 (c) Notwithstanding any provision of this chapter to the contrary, when a
54	54	22pesticide contains said herbicide substance which is registered for general use, the following
55	55	23conditions on the sale of such pesticide to the public shall apply:
56	56	24 No person shall offer for sale, sell, retail, supply or make available any pesticide
57	57	25that contains said herbicide substance, to an individual who does not hold the appropriate
58	58	26department issued certification, license or permit under the prior subsection.
59	59	27 No person shall offer for sale, sell, supply, retail or allow the public, including
60	60	28its customers, to access or purchase any pesticide containing said herbicide substance without
61	61	29first verifying that a customer holds a valid department issued certification, license or permit. 3 of 4
62	62	30 No person shall sell, retail or supply any pesticide containing said herbicide
63	63	31substance to a customer, unless the delivery of such pesticide occurs on the premises of its
64	64	32registered
65	65	33 business establishment.
66	66	34 (d) A person desiring to register its the business establishment to sell, distribute,
67	67	35supply or provide to its customers any pesticide containing said herbicide substance shall make
68	68	36an application to the department. A person making an application for a registration or renewal of
69	69	37a registration, shall provide the information as required by the department, and pay the
70	70	38registration fee, not to exceed 25 dollars as established by regulation, for each business
71	71	39establishment to be registered.
72	72	40 Registrations or renewal of registrations, issued by the department shall be for a term
73	73	41not to exceed 1 year for each business establishment.
74	74	42 The department shall grant a registration, or renewal of a registration, pursuant to the
75	75	43terms, conditions and restrictions as provided under the regulations of the department, as it
76	76	44deems necessary and appropriate. A registration may be revoked at any time the department
77	77	45finds its terms, conditions and restrictions of the registration or applicable regulations are being
78	78	46violated.
79	79	47 (e) Nothing in this section shall preempt or limit the subcommittee of the pesticide
80	80	48board from registering any pesticide that contains said herbicide substance, or determining the
81	81	49classification of such pesticide as being for a general use or a restricted use. 4 of 4
82	82	50 If the subcommittee determines that a pesticide containing said herbicide
83	83	51substance should be registered for a restricted use under section 7, then a person using such
84	84	52pesticide, shall comply with all applicable provisions of this chapter and regulations for pesticide
85	85	53classified for restricted use.
86	86	54 The subcommittee may also determine that a pesticide containing said herbicide
87	87	55substance, which is classified for restricted use, also requires further limitations, which may
88	88	56include that such pesticide: (i) is restricted to certain individuals or groups, (ii) requires the
89	89	57department’s written permission prior to each use; or (iii) requires further restriction in any other
90	90	58manner.
91	91	59 (f) As used in this section, the words “Use a pesticide”, shall include the spraying,
92	92	60releasing, depositing or applying a pesticide containing said herbicide substance.
93	93	61 SECTION 2. The second paragraph of section 14 of said chapter 132B of the
94	94	62General Laws, as appearing in the 2018 Official Edition is hereby amended by striking out, in
95	95	63lines 9 and 10, the words, “inclusive, or section 7A” and inserting in place thereof the following
96	96	64words:- inclusive, or section 6L, or section 7
97	97	65 SECTION 3. This act shall take effect 12 months after passage.