SB 103 — RESTRICTING USE OF NEONICOTINOID PESTICIDE

statethe agriculturaln universitiesd andd otheri similar = = 19o ah lUnited federalStates orenvironmental stateprotection institutionsagency; or agencies authorized by law to i a e r 20 conduct research in the field of pesticides;

United States l ] b ,d i a º e departments of agriculture, the interior and health and human r i = r t me w d m 21a [K.]n L.o services;

"land"state meansagricultural alluniversities land and waterother areas,similar d rm e: 22 including air space, and all living things and all structures, c e s k 23 buildings, contrivances and machinery appurtenant [thereto] to e a n b 24 the land or situated [thereon] on the land, fixed or mobile, u [ including any used for transportation;

.218661.2b e d s º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 4 - M.e a n e d r e l u [ A d federal or state institutions or agencies authorized by law to conduct research in the field of pesticides;

[K.] L.

"land" means all land and water areas, including air space, and all living things and all structures, buildings, contrivances and machinery appurtenant [thereto ] to the land or situated [thereon] on the land, fixed or mobile, including any used for transportation;

M.

h N.

"noncommercial applicator" means a person u » r licensed to use or demonstrate restricted use pesticides who t h g e l i does not qualify as a private applicator and who is not h r i s required to have a commercial applicator's license;

h , e h O.

"not pollinated by insects" means agricultural t u g e b l e e , gh crops not visitedSCONCºvisited by pollinators, including crops that n d d i = = o h either do not bloom or are not allowed to bloom before harvest;l ] b ,d i a º r harvest»SCONC SCONCºdependent on insect pollination»SCONC ;

e r = t 17e w d m a n o [L.] P.

"person" has the extended meaning ascribed w l n d 18m to: it in Subsection E of Section 12-2A-3 NMSA 1978;

=b r e t º o t n = 19.218661.2AIC March 6, 2021 (8:50am) s k m e - 5 - e a n e d r e l [M.]u Q.[ A d to it in Subsection E of Section 12-2A-3 NMSA 1978;

"pest"[M. means any living organism injurious i a e r 20 to other living organisms, except humans, viruses, bacteria or a t m m 21 other microorganisms in or on other living organisms other than d r e 22 plants, that the board by rule declares to be a pest;

c] eQ. s k 23 [N.] R.

"pesticide""pest" means [any]any aliving substanceorganism injurious to other living organisms, except humans, viruses, bacteria or eother amicroorganisms nin bor 24on mixtureother ofliving substancesorganisms intendedother for:than plants, that the board by rule declares to be a pest;

u[N. [ (1) preventing, destroying, repelling or .218661.2 - 5 - mitigating [any] a pest;

] R.

"pesticide" means [any] a substance or mixture of substances intended for:

(1) preventing, destroying, repelling or mitigating [any ] a pest;

or (4) accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior, of ornamental or crop plants or the produce [thereof][thereof ] h of ornamental or crop plants,plants , through physiological action, but g o t hr not including substances that are intended as plant nutrients, g e i k trace elements, nutritional chemicals, plant inoculants or soil h r i s amendments;

[O.]h S., t, [O.

"pesticide] dealer"S. means [any] a person [who distributes] licensed to distribute highly toxic pesticides, restricted use pesticides or both, which pesticides are restricted by rule to distribution only by [licensed] e t 17 pesticide dealers;

w"pesticide dealer" means [any] a person e u g e b l e e h [who distributes ] licensed to distribute STBTCºSCONCºhighly n d 18d [P.]i T.= = o h toxic»SCONC»STBTC STBTCºhighly toxic»STBTC pesticides, l ] b ,d i a º e restricted use pesticides or both, which pesticides are r i = r t e w d m a n o restricted by rule to distribution only by [licensed] pesticide d m :

"pestb managemente consultant"d meanss [anyº =o =t 19n a= l.218661.2AIC individualMarch who6, offers2021 or(8:50am) supplies]s ak personm licensede to- offer6 i- a e r 20 or supply technical advice or [makes] make recommendations to a tn me m 21 the user of highly toxic pesticides, restricted use pesticides d r e 22l oru both,[ whichA pesticidesd are restricted by rule to c e s k 23 distribution only by [licensed] pesticide dealers;

e[P. a n b 24 U.

"private] applicator"T. means a certified u [ applicator who uses or supervises the use of a pesticide that .218661.2 - 6 - is classified for restricted use for purposes of producing an agricultural commodity on property owned or rented by the certified applicator or the certified applicator's employer or on the property of another person if applied without compensation other than trading of personal services between producers of agricultural commodities;

"pest management consultant" means [any individual who offers or supplies] a person licensed to offer or supply technical advice or [makes] make recommendations to the user of highly toxic pesticides, restricted use pesticides or both, which pesticides are restricted by rule to distribution only by [licensed ] pesticide dealers;

U.

"private applicator" means a certified applicator who uses or supervises the use of a pesticide that is classified for restricted use for purposes of producing an agricultural commodity on property owned or rented by the certified applicator or the certified applicator's employer or on the property of another person if applied without compensation other than trading of personal services between producers of agricultural commodities;

"public applicator" means a licensed applicator h who as an employee of a federal, state, county or municipal g o t hr agency or municipal corporation uses a pesticide classified for g e i k restricted use or general use to apply to sites or under h r i s conditions identified by rule promulgated by the board;

[Q.]h W., t, [Q.

"registrant"] meansW. a person who has registered [any] a pesticide pursuant to the provisions of the Pesticide Control Act;

[R.]"registrant" X.means a person who has e u g e b l e e h registered [any ] a pesticide pursuant to the provisions of the n d d i = = o h Pesticide Control Act;

"restricted use pesticide" means any pesticide or device designated by the board as requiring e t 17 specific restrictions to prevent unreasonable adverse effects w l n] db 18,d on the environment, including humans, beneficial insect = = 19 a l predators and parasites, pollinating insects, animals, crops, i a º e r[R. 20 wildlife and lands, but excluding the pests the pesticide or a t m m 21 device is intended to prevent, destroy, control or mitigate;

d] rX. e 22 and c e s k 23 [S.

"unreasonable"restricted adverseuse effectspesticide" onmeans theany er ai n= br 24t environment"e meansw and unreasonablem riska ton humanso pesticide or thedevice udesignated [by environment, taking into account the economic,board socialas andrequiring .218661.2d -m 7: - environmental costs and benefits of the use of any pesticide;

b e d s º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 7 - e a n e d r e l u [ A d specific restrictions to prevent unreasonable adverse effects on the environment, including humans, beneficial insect predators and parasites, pollinating insects, animals, crops, wildlife and lands, but excluding the pests the pesticide or device is intended to prevent, destroy, control or mitigate;

and [S.

"unreasonable adverse effects on the environment" means an unreasonable risk to humans or the environment, taking into account the economic, social and environmental costs and benefits of the use of any pesticide;

"private applicator" means a certified applicator who uses or supervises the use of any pesticide that h is classified for restricted use for purposes of producing any u » r agricultural commodity on property owned or rented by the t h g e l i certified applicator or the certified applicator's employer or h r i s on the property of another person if applied without h , e h compensation other than trading of personal services between t u g e b l e e , gh producers of agricultural commodities;

n d d i = = o h V.

"public applicator" means a certified applicator l ] b ,d i a º r who as an employee of a federal, state, county or municipal agencye orr municipal= corporationt uses any pesticide that is e t 17 classified for restricted use or any general use pesticide, w l n d 18m whena appliedn too sitesagency or undermunicipal conditionscorporation identifieduses byany rulepesticide =that =is 19d am l: promulgated by the board;

andb ir e t º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 8 - e a n e d r 20e W.l u [ A d classified for restricted use or any general use pesticide, when applied to sites or under conditions identified by rule promulgated by the board;

"commercial applicator" means a certified a t m m 21 applicator, whether or not the certified applicator is a d r e 22 private applicator with respect to some uses, who for c e s k 23 compensation uses or supervises the use of any pesticide for e a n b 24 any purpose on any property other than as provided by Sections u [ 76-4-19 and 76-4-20.1W. NMSA 1978.] .218661.2 - 8 - Y.

"unreasonable"commercial adverseapplicator" effectsmeans ona certified applicator, whether or not the environment"certified meansapplicator anis unreasonablea riskprivate applicator with respect to humans;some uses, who for compensation uses or supervises the use of any pesticide for any purpose on any property other than as provided by Sections 76-4-19 and 76-4-20.1 NMSA 1978.] Y.

"unreasonable adverse effects on the environment" means STBTCºSCONCºan unreasonable»SCONC SCONCºa»SCONC»STBTC STBTCºan unreasonable»STBTC risk to humans;

or other damages, but excluding the pests the pesticide or device is intended to prevent, h destroy, control or mitigate and taking into account the u » r economic, social and environmental costs and benefits of the t h g e l i use of any pesticide." h r i s SECTION 3.

Section 76-4-5 NMSA 1978 (being Laws 1973, h , e h Chapter 366, Section 5) is amended to read:

t u g e b l e e , gh "76-4-5.

PROHIBITED ACTS.-- n d d i = = o h A.

It is unlawful for [any][any ] a person to distribute l ] b ,d i a º r within the state, to deliver for transportation or to transport ine intrastater commerce= ort betweene pointsw withind thism statea throughn anyo pointin outsideintrastate thiscommerce state or tobetween usepoints anywithin ofthis thestate ed tm 17: following:

wb lr ne dt 18º (1)o [any]t an pesticide= [which].218661.2AIC thatMarch has6, not2021 =(8:50am) =s 19k am le been- registered9 in- accordancee witha then Pesticidee Controld Actr ore il au e[ rA 20d [regulationsthrough adopted]any rulespoint promulgatedoutside pursuantthis state or to thatuse act;any of the following:

a(1) t[any m] m 21 (2) [any] a pesticide if[which] anythat ofhas thenot claimsbeen dregistered rin eaccordance 22with made for it or any of the directionsPesticide forControl itsAct use or other[regulations cadopted e] srules kpromulgated 23pursuant labelingto differsthat fromact; the representations made in connection e a n b 24 with its registration or if the composition as represented in u [ connection with its registration differs.

However,(2) at[any the] .218661.2a -pesticide 9if -any discretion of the department,claims amade changefor init theor labelingany of athe pesticide,directions exceptfor changesits inuse theor ingredientother statement,labeling maydiffers befrom madethe withinrepresentations amade registrationin periodconnection withoutwith requiringits reregistrationregistration ofor the product if the changecomposition willas notrepresented havein unreasonableconnection adversewith effectsits onregistration thediffers. environment;

(3)However, [any]at a pesticide [unless it] that is not in the unbrokendiscretion immediate container of the registrantdepartment, ora manufacturerchange andin to which there is not affixed to the container,labeling and to the outside container or wrapper of thea retailpesticide, packageexcept ifchanges therein is one through which the requiredingredient informationstatement, onmay the immediate container cannot be clearlymade read,within a labelregistration bearingperiod thewithout informationrequiring requiredreregistration [in]of by the Pesticideproduct Controlif Actthe andchange thewill [regulationsnot adopted]have rulesunreasonable promulgatedadverse pursuanteffects toon thatthe act;environment;

(4)(3) [any][any ] a pesticide [which][unless it] that hasis not beenh coloredin the unbroken immediate container of the registrant or discoloredg aso t hr manufacturer and to which there is not affixed to the g e i k container, and to the outside container or wrapper of the h r i s retail package if there is one through which the required h , t, information on the immediate container cannot be clearly read, e u g e b l e e h a label bearing the information required [in ] by the Pesticide n d d i = = o h Control Act and the [regulations adopted ] rules promulgated l ] b ,d i a º e tpursuant 17to Act;that act;

wr li n d 18 (5) [any] a pesticide [which] that does not = = 19 a l meet the professed standard of quantity or quality, as i a e r 20 expressed on the labeling under which it is sold, or in which a t me mw 21 [any] a substance has been substituted wholly or in part for d rm e 22 the pesticide, or if [any] a valuablen constituento has(4) been[any c] e s k 23 wholly or in part abstracted or if [any] a contaminantpesticide is[which] ethat ahas nnot bd 24m misbranded: or is present in an amount determined by the u [ department to be a hazard;

.218661.2b e d s º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 10 - (6)e [any] a devicen [which]e thatd isr misbranded;e l u [ A d been colored or discolored as required by the Pesticide Control Act;

[or](5) (7)[any [any]] a pesticide in[which] containersthat violatingdoes [regulationsnot adopted]meet rulesthe promulgatedprofessed pursuantstandard toof quantity or quality, as expressed on the Pesticidelabeling Controlunder Actwhich it is sold, or pesticidesin foundwhich [any] a substance has been substituted wholly or in damagedpart containersfor [which]the thatpesticide, constituteor if [any ] a hazardvaluable toconstituent has been wholly or in part abstracted or if [any ] a contaminant is misbranded or is present in an amount determined by the environment;department to be a hazard;

or(6) (8)[any ] a neonicotinoiddevice class[which] pesticidethat unlessis themisbranded; pesticide has been granted an exception pursuant to the Pesticide Control Act and the person distributing, delivering for transportation or transporting or using the pesticide has proof of the exception.

B.[or] (7) [any ] a pesticide in containers violating [regulations adopted ] rules promulgated pursuant to the Pesticide Control Act or pesticides found in damaged containers [which] that constitute a hazard to the environment;

or h (8) a neonicotinoid class pesticide unless the g o t hr pesticide has been granted an exception pursuant to the g e i k Pesticide Control Act and the person distributing, delivering h r i s for transportation or transporting or using the pesticide has h , t, proof of the exception.

e u g e b l e e h B.

(1)n tod distributed ai restricted= use= pesticideo toh [any](1) a person who is required by law or [regulations] rules promulgated pursuant to thedistribute Pesticidea Control Act to be licensed or certified to use the restricted use pesticide and e t 17 the person, including the license holder's or certificate w l n] db 18,d holder'si agent, does not have a permitº e to use[any] or purchase the = = 19 a lperson kindwho andis quantityrequired ofby thelaw restrictedor use[regulations] [pesticides,rules unlessr the i a= e r 20t persone orw hisd agentm to whom sale or delivery is made has a an to mpromulgated mpursuant 21 valid permit to use or purchase the kindPesticide andControl quantityAct ofto thebe d rm e: 22 restricted use] pesticide;

provided,b however,e subjectd tos cº eo st kn 23= conditions.218661.2AIC establishedMarch by6, the2021 department,(8:50am) [such]s ak permitm maye - 11 - e a n be 24d ber obtainede froml [any]u [ A d licensed or certified to use the restricted use pesticide and the person, including the license holder's or certificate holder's agent, does not have a personpermit whoto hasuse beenor designatedpurchase bythe kind and quantity of the urestricted [use department[pesticides, unless the person or his agent to issuewhom permitssale immediatelyor priordelivery is made has a valid permit to distribution;use or purchase the kind and quantity of the restricted use] pesticide;

.218661.2provided, -however, 11subject - (2) for [any] a person to detach,conditions alter,established defaceby or destroy, wholly or in part, any label or labeling provided for in the Pesticidedepartment, Control[such Act] ora [regulationspermit adopted]may rulesbe promulgatedobtained pursuant to that act or to add any substance to or take any substance from a[any pesticide] in a mannerperson thatwho mayhas defeatbeen thedesignated purposeby of the Pesticidedepartment Controlto Actissue orpermits theimmediately [regulationsprior adopted thereunder] rules promulgated pursuant to thatdistribution; act;

(3)(2) for [any][any ] a person to usedetach, oralter, causedeface toor bedestroy, usedwholly [any]or ain restrictedpart, useany pesticidelabel contraryor tolabeling directionsprovided onfor in the labelPesticide Control Act or to[regulations [regulations]adopted] rules promulgated pursuant to that act or to add any substance to or take any substance from a pesticide in a manner that may defeat the purpose of the boardPesticide ifControl thoseAct [regulations]or the h [regulations adopted thereunder ] rules differpromulgated frompursuant orto furtherg restricto thet labeling;hr that act;

(4)g e i k (3) for [any] a person to use for [his own] personal advantage or tocause reveal [other than to thebe department,h orr toi thes courtsused of[any] thea staterestricted inuse responsepesticide contrary to adirections subpoena,on orh to, et, tthe 17label physicians, or in emergencies to pharmacists[regulations and] otherrules wof l n d 18 qualified person for use in the preparationboard ofif athose practicale =u =g 19e ab l treatmente including first aid, in case of poisoning] any i a e rh 20[regulations information] relativerules todiffer formulasfrom ofor productsfurther acquiredrestrict bythe an td md mi 21= authority= ofo theh Pesticidelabeling; Control Act;

provided,l however,] thatb d,d ri a º e 22(4) for [any ] a person mayto use for [his own] r i = r t e w d m a n o personal advantage or to reveal formula[other informationthan to:to the department, d m :

cb e d s º o t n = .218661.2AIC March 6, 2021 (8:50am) s k 23m (a)e - 12 - e a n e d r e l u [ A d or to the department;courts of the state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified person for use in the preparation of a practical treatment including first aid, in case of poisoning] any information relative to formulas of products acquired by authority of the Pesticide Control Act;

eprovided, ahowever, nthat ba 24person (b)may thereveal courtsformula ofinformation theto: state in response u [ to a subpoena;

.218661.2(a) -the 12department; - (c) physicians;

(b) the courts of the state in response to a subpoena;

(c) physicians;

(5) for [any] a person to handle, transport, store, display, distribute or use pesticides in such a manner h as to endanger [man and his]his ] the environment or to endanger g o t hr food, feed or any other products that may be transported, g e i k stored, displayed or distributed with [such][such ] the pesticides;

or h r i s (6) for [any][any ] a person to dispose of, discard h , t, or store [any][any ] pesticides or pesticide containers in a manner e u g e b l e e h that may cause injury to humans, vegetation, crops, livestock, n d d i = = o h wildlife or domestic animals or pollinating insects or to l ] b ,d i a º e pollute any water supply or waterway." r i = r t e w d m a n o SECTION 4.

A new section of the Pesticide Control Act is enactedd tom read::

b e d s º o t 17n "[NEW= MATERIAL].218661.2AIC NEONICOTINOIDMarch CLASS6, PESTICIDES--2021 w(8:50am) ls nk dm 18e PROHIBITIONS--EXCEPTIONS.--- =13 =- 19e a n e d r e l A.u [ A d enacted to read:

"[NEW MATERIAL] NEONICOTINOID CLASS PESTICIDES-- PROHIBITIONS--EXCEPTIONS.-- A.

i a e r 20 (1) no pesticide dealer or other person shall a t m m 21 distribute a neonicotinoid class pesticide or any substance or d r e 22 product containing a neonicotinoid class pesticide;

c e s k 23 (2) neonicotinoid class pesticides shall not e a n b 24 be sprayed, released, deposited or applied on any property in u [ New Mexico;

and .218661.2 - 13 - (3) no blooming or flowering plants, plant material or seed that has been treated with a neonicotinoid class pesticide shall be sold in New Mexico.

STBTCºFor the purposes of this subsection, neonicotinoid class pesticides shall not be designated as restricted use pesticides unless they are designated as such by h the United States environmental protection agency.»STBTC The g o t hr department may allow the sale or use of neonicotinoid class g e i k pesticides in the following cases:

h r i s (1) the distribution of the neonicotinoid h , t, e u g class pesticides or substances containing a neonicotinoid class e b l e e h pesticide for use in commercial agriculture on crops not n d d i = = o h pollinated by insects;

l ] b ,d i a º e (2) the spraying, releasing, depositing or r i = r t e w d m a n o application is by a licensed applicator for use in commercial agricultured onm crops: not pollinated by insects;

b e d s º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 14 - e a n e d r e l u [ A d agriculture on crops not pollinated by insects;

(4) the product's use is intended for the e t 17 eradication, control or mitigation of lice or bedbugs;

w l n d 18 (5) the product's use is intended for indoor =use =SCONCº 19in aan lenclosed usespace»SCONC inSCONCºor anoutside enclosedaround spacefoundations toand eradicate,other controlparts orof mitigatestructures»SCONC ito aeradicate, econtrol ror 20mitigate pests;

aSCONCº(6) t m m 21 (6) a wood product has been treated using a d r e 22 neonicotinoid class pesticide;

oror»SCONC cSCONCº(6) e s k 23 (7) the blooming or flowering plant, plant e a nwood bpreservative 24pesticide materials or seedwood ispreservative clearlyproducts andthat conspicuouslycontain labeled as u [ having been treated with a neonicotinoid class pesticidepesticides andor .218661.2similar -pesticides 14used - includes a description of the risks to pollinatorstreat andwood otherproducts; nontarget organisms associated with the use of neonicotinoid class pesticides." SECTION 5.

or»SCONC h (7) the blooming or flowering plant, plant g o t hr materials or seed is clearly and conspicuously labeled as g e i k having been treated with a neonicotinoid class pesticide and h r i s includes a description of the risks to pollinators and other h , t, e u g nontarget organisms associated with the use of neonicotinoid e b l e e h class pesticides SCONCº ;

provided that if the distributor n d d i = = o h cannot confirm the blooming or flowering plant, plant materials l ] b ,d i a º e r i = r or seed was not treated with a neonicotinoid class pesticide, t e w d m a n o the product must have a clear and conspicuous label indicating d m :

b e d s º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 15 - e a n e d r e l u [ A d that a neonicotinoid class pesticide may have been used and including a description of the risks to pollinators and other nontarget organisms associated with the use of neonicotinoid class pesticides before the product may be sold»SCONC ." SECTION 5.

however, the registration is not required if a pesticide is shipped from one plant or warehouse to another plant or warehouse operated by the same person and used solely h at [such] that plant or warehouse as a constituent part to make eg o t 17hr a pesticide [which][which ] that is registered under the provisions of wg le ni dk 18 the Pesticide Control Act.

=h =r 19i as l B.

The applicant for registration shall file a ih a, t, e ru 20g statement with the [board which]which ] department that includes:

ae tb ml me 21e h (1) the name and address of the applicant and n d rd ei 22= = o h the name and address of the person whose name will appear on cl e] sb k,d 23i a º e the label, if other than the applicant's;

r i = r t e w d m a n bo 24 (2) the name of the pesticide or device;

ud [m (3): other necessary information required for .218661.2 - 15 - completion of the application for registration form;

b e d s º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 16 - e a n e d r e l u [ A d (3) other necessary information required for completion of the application for registration form;

and (5) the use classification of the pesticide if required by federal or state [regulations][regulations ] rules.

The department, when it deems it necessary in the administration of the Pesticide Control Act, may require the submission of the complete formula of any pesticide, including all ingredients [which][which ] that will prevent, destroy, repel, control or mitigate pests or [which][which ] that will act as a plant regulator, defoliant or desiccant or those [which] ingredients that act as a functioning agent in a spray adjuvant, and all ingredients [which][which ] that do not perform these functions.

h D.

The department may require a full description of eg o t 17hr the tests made and the results [thereof][thereof ] upon which the claims wg le ni dk 18 are based on any pesticide or device or on any pesticide or =h =r 19i as l device on which restrictions are being considered.

In the case ih a, et, r 20 of renewal of registration, the applicant shall be required to ae tu mg me 21b l e e h furnish only information [which][which ] that is different from that n d rd ei 22= = o h furnished when the pesticide was registered or reregistered cl e] sb k,d 23i a º e during the previous license year.

r i = r t e w d m a n bo 24 E.

The board may prescribe other necessary ud [m information: by [regulation] rule.

.218661.2b e d s º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 1617 - F.e a n e d r e l u [ A d information by [regulation] rule.

F.

[Any][Any ] A registration approved by the department and in effect on December 31 of the year for which a renewal application has been made and the proper fee paid, shall continue in full force [and effect]effect ] until the department notifies the applicant that the registration has been renewed or denied [in accord with the provisions of the Pesticide Control Act].

If it appears to the department that the composition of the pesticide warrants the proposed claims for it and if the pesticide or device and its labeling and other material submitted comply with the requirements of the h Pesticide Control Act, the department shall register the eg o t 17hr pesticide or device.

wg le ni dk 18 I.

All federal, state and county agencies or =h =r 19i as l municipalities shall register all pesticides or devices ih a, et, r 20 distributed by them but shall not be required to pay the ae tu mg me 21b l e e h registration fee.

n d rd ei 22= = o h J.

Every pesticide dealer shall maintain a cl e] sb k,d 23i a º e pesticide register in which to record all restricted use r i = r t e w d m a n bo 24 pesticides distributed to private applicators.

The register ud [m shall: include the name and address of the private applicator .218661.2 - 17 - and other information as prescribed by the board.

b e d s º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 18 - e a n e d r e l u [ A d shall include the name and address of the private applicator and other information as prescribed by the board.

DEPARTMENT TO ADMINISTER AND ENFORCE ACT--BOARD TO ADOPT [REGULATIONS][REGULATIONS ] RULES--SCOPE OF [REGULATIONS] RULES.-- The department shall administer and enforce the provisions of h the Pesticide Control Act and [regulations][regulations ] rules promulgated eg o t 17hr by the board in accordance with that act.act .

wg le ni dk 18 A.

The board may, after notice and public hearing, =h =r 19i as l adopt [regulations][regulations ] rules for carrying out the purpose and ih a, et, r 20 provisions of the Pesticide Control Act, including ae tu mg me 21b [regulations]l e e h [regulations ] rules providing for:

n d rd ei 22= = o h (1) declaring as a pest any form of plant or cl e] sb k,d 23i a º e animal life or virus, other than [man][man ] humans and other than r i = r t e w d m a n bo 24 bacteria, viruses and other microorganisms on or in living ud [m [man]: humans or other living animals, [which] that is injurious .218661.2 - 18 - to health or the environment;

(2)b designatinge certaind pesticidess [toº be],o includingt neonicotinoidn class= pesticides,.218661.2AIC asMarch highly6, toxic2021 to(8:50am) [anys animal,k includingm man]e - 19 - e a n e d r e l u [ A d [man] humans or other living animals, including[which] humans,that is injurious to health or pollinators;the environment;

(2) designating certain pesticides [to be ], including neonicotinoid class pesticides, as highly toxic to [any animal, including man ] animals, including humans, or pollinators;

(4) [the collection and examination of]of ] collecting and examining devices or samples of pesticides for analysis;

(5) requiring pesticide applicators, including private applicators, to notify [land owners] landowners of property adjoining [the property to be treated]treated ] or in the immediate vicinity [thereof][thereof ] of the property to be treated of a proposed application of a pesticide if such notice is necessary h to carry out the purpose of the Pesticide Control Act and for a eg o t 17hr hearing before the director of the department [of any objecting wg le ni dk 18 owner of property adjoining the property to be treated] by an =h =r 19i as l objecting landowner before the application of the pesticide;

ih a, et, r 20 (6) the safe handling, transportation, ae tu mg me 21b l e e h storage, display, distribution, use and disposal of pesticides n d rd ei 22= = o h and their containers;

cl e] sb k,d 23i a º e (7) establishing standards with respect to the r i = r t e w d m a n bo 24 package, container or wrapping in which a pesticide is ud [m distributed;:

.218661.2b -e 19d -s (8)º restrictingo ort prohibitingn the= use.218661.2AIC ofMarch certain6, types2021 of(8:50am) containerss ork packagesm fore specific- pesticides.20 - e a n e d r e l u [ A d distributed;

These(8) restrictionsrestricting mayor applyprohibiting tothe typeuse of construction,certain strengthtypes and size or any combination [thereof] to alleviate danger of spillage,containers breakage, misuse or anypackages otherfor hazardspecific topesticides. the public;

These restrictions may apply to type of construction, strength and size or any combination [thereof ] to alleviate danger of spillage, breakage, misuse or any other hazard to the public;

(12) requiring all [persons issued licenses to offer technical advice, to sell or to use restricted use h pesticides] licensees to maintain records as prescribed by the eg o t 17hr department;

wg le ni dk 18 (13) certification of private applicators;

=h =r 19i as l (14) label requirements of all pesticides ih a, et, r 20 required to be registered under provisions of the Pesticide ae tu mg me 21b l e e h Control Act;

n d rd ei 22= = o h (15) regulating the labeling of devices;

cl e] sb k,d 23i a º e (16) procedures and techniques to be used in r i = r t e w d m a n bo 24 sampling land, including agricultural products that are to be ud [m consumed: by [man] humans or animals, for pesticide residues;

.218661.2b e d s º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 2021 - (17)e classifyinga pesticidesn fore generald use,r restrictede usel u [ A d consumed by [man] humans or both;animals, for pesticide residues;

(18)(17) prescribingclassifying methods to be used in the application of pesticides wherefor thegeneral departmentuse, findsrestricted thatuse suchor [regulations]both; rules are necessary to carry out the purpose and intent of the Pesticide Control Act.

Such(18) [regulations]prescribing rulesmethods may relate to thebe time,used manner, methods, materials and amounts and concentrations in connection with the application of the pesticides andwhere maythe restrictdepartment orfinds prohibitthat usesuch of[regulations pesticides] inrules designatedare areasnecessary duringto specifiedcarry periodsout ofthe timepurpose and shallintent encompassof all reasonable factors [which] that the departmentPesticide deemsControl necessaryAct. to prevent damage or injury by drift or misapplication to plants, including forage plants, or adjacent or nearby lands;

Such [regulations ] rules may relate to the time, manner, methods, materials and amounts and concentrations in connection with the application of the pesticides and may restrict or prohibit use of pesticides in designated areas during specified periods of time and shall encompass all reasonable factors [which ] that the department deems necessary to prevent damage or injury by drift or misapplication to plants, including forage plants, or adjacent or nearby lands;

fish and other aquatic life in waters in reasonable proximity h to the area to be treated;

and humans, animals, [or][or e] g o t 17hr pollinators and other beneficial insects.

In issuing such wg le ni dk 18 [regulations] rules, the board shall give consideration to =h =r 19i as l pertinent research findings and recommendations of other ih a, et, r 20 agencies of the state, the federal government [or][or ] and other ae tu mg me 21b l e e h reliable sources;

n d rd ei 22= = o h (19) requiring any pesticide use dilution to cl e] sb k,d 23i a º e be colored or discolored if it determines that such requirement r i = r t e w d m a n bo 24 is feasible and is necessary for the protection of health and ud [m the: environment;

.218661.2b e d s º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 2122 - (20)e establishinga goodn pesticidee used andr handlinge practicesl foru commercial[ pesticideA applicators;d the environment;

(21)(20) establishing requirementsgood forpesticide supervisionuse ofand [servicemen]handling servicerspractices offor structuralcommercial pestpesticide control applicators;

and(21) (22)establishing regulatingrequirements falsefor orsupervision misleadingof [advertisement][servicemen advertising] inservicers the sales or use of pesticidesstructural andpest devices.control applicators;

and (22) regulating false or misleading [advertisement ] advertising in the sales or use of pesticides and devices.

The board shall adopt [regulations][regulations ] rules that are consistent with [regulations][regulations ] rules of the [New Mexico] environmental improvement board, the [New Mexico]Mexico ] water quality control commission and the laws administered by the regulations of the United States environmental protection agency.

The department [is authorized to]to ] may specify the quantities and concentrations of restricted use pesticides h that may be applied.

When specifying quantities and eg o t 17hr concentrations, the department's decision shall require a wg le ni dk 18 reasoned analysis of the potential unreasonable adverse effects =h =r 19i as l on the environment of the proposed quantities or concentrations ih a, et, r 20 of the restricted use pesticide." ae tu mg me 21b l e e h SECTION 7.

Section 76-4-10 NMSA 1978 (being Laws 1973, n d rd ei 22= = o h Chapter 366, Section 10) is amended to read:

cl e] sb k,d 23i a º e "76-4-10.

SAMPLING AND EXAMINATION OF PESTICIDES OR r i = r t e w d m a n bo 24 DEVICES--RESIDUE ANALYSIS.-- ud [m A.:

Theb samplinge andd examinations ofº pesticideso ort .218661.2n -= 22.218661.2AIC -March devices6, shall2021 be(8:50am) mades underk them directione of- the23 department- fore thea purposen ofe determiningd ifr theye complyl withu the[ requirementsA ofd theA. Pesticide Control Act.

The sampling and examination of pesticides or devices shall be made under the direction of the department for the purpose of determining if they comply with the requirements of the Pesticide Control Act.

The sampling of land, including agricultural products that are to be consumed by [man][man ] humans or animals, including pollinators,pollinators , may be made by the department to determine if pesticide residues are present that will cause unreasonable adverse effects on the environment or if the residues exceed the tolerance established by the United States environmental protection agency [New Mexico environmental improvement agency] or the department of environment or restrictions established by other federal or state regulatory agencies." SECTION 8.

Section 76-4-20 NMSA 1978 (being Laws 1973, Chapter 366, Section 20, as amended) is repealed and a new h Section 76-4-20 NMSA 1978 is enacted to read:

eg o t 17hr "76-4-20.

[NEW MATERIAL]MATERIAL ] PRIVATE APPLICATORS-- wg le ni dk 18 CERTIFICATION--EXAMINATION--USE PERMITS--SPECIAL PERMITS.-- =h =r 19i as l A.

The board shall promulgate rules for the ih a, et, r 20 certification of private applicators.

The rules shall include ae tu mg me 21b l e e h such requirements as necessary to prevent unreasonable adverse n d rd ei 22= = o h effects on the environment, including injury to the applicator cl e] sb k,d 23i a º e or other persons, and shall take into consideration standards r i = r t e w d m a n bo 24 of the United States environmental protection agency.

ud [m B.:

Ab persone whod iss notº otherwiseo licensedt pursuantn .218661.2= -.218661.2AIC 23March -6, to2021 the(8:50am) Pesticides Controlk Actm shalle not- use24 a- restrictede use pesticide without being certified as a privaten applicatore andd receivingr ae usel permitu from[ theA department.d B.

A person who is not otherwise licensed pursuant to the Pesticide Control Act shall not use a restricted use pesticide without being certified as a private applicator and receiving a use permit from the department.

and (2) pay the prescribed examination and h certification fees.

eg o t 17hr D.

If a person does not qualify for a private wg le ni dk 18 applicator certificate, the department shall inform the =h =r 19i as l applicant in writing.

ih a, et, r 20 E.

A private applicator certificate shall be valid ae tu mg me 21b l e e h for a period of not less than three years as established by the n d rd ei 22= = o h board.

cl e] sb k,d 23i a º e F.

A private applicator shall obtain a restricted r i = r t e w d m a n bo 24 use pesticide permit prior to purchase and use of a covered ud [m pesticide.:

Ab separatee permitd iss requiredº foro eacht pesticiden .218661.2= .218661.2AIC March 6, 2021 (8:50am) s k m e - 2425 - fore whicha then privatee applicatord isr certifiede andl foru each[ periodA ofd use.pesticide.

A separate permit is required for each pesticide for which the private applicator is certified and for each period of use.

The application for a special review permit shall include detailed information on the intended use, the responsible person in charge and the equipment and conditions under which the pesticide application h is to be made.

The department may issue a special review eg o t 17hr permit with additional restrictions such as on-site inspection wg le ni dk 18 or supervision." =h =r 19i as l SECTION 9.

Section 76-4-20.1 NMSA 1978 (being Laws 1979, ih a, et, r 20 Chapter 394, Section 8, as amended by Laws 2009, Chapter 101, ae tu mg me 21b l e e h Section 3 and by Laws 2009, Chapter 109, Section 3) is amended n d rd ei 22= = o h to read:

cl e] sb k,d 23i a º e "76-4-20.1.

NONCOMMERCIAL APPLICATOR LICENSE.-- r i = r t e w d m a n bo 24 A.

A [noncommercial applicator]applicator ] person who is not ud [m otherwise: licensed pursuant to the Pesticide Control Act shall .218661.2 - 25 - not use a restricted use or state restricted use pesticide without having a valid current noncommercial applicator license issued by the department for the license use categories and subcategories in which the pesticide application is made.

b e d s º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 26 - e a n e d r e l u [ A d otherwise licensed pursuant to the Pesticide Control Act shall not use a restricted use or state restricted use pesticide without having a valid current noncommercial applicator license issued by the department for the license use categories and subcategories in which the pesticide application is made.

The department shall not issue a noncommercial applicator license until the applicant has passed a written [certification][certification ] examination to demonstrate to the department the applicant's knowledge of how to apply pesticides under the classifications for which the applicant has applied and the applicant's knowledge of the nature and effect of pesticides the applicant may apply under such classifications.

h D.

The department shall renew [any applicant's]applicant's ] a eg o t 17hr noncommercial applicator license under the classification for wg le ni dk 18 which the [applicant is certified;

provided that] noncommercial =h =r 19i as l applicator is licensed if the [applicant's] license is not ih a, et, r 20 under a suspension or revocation order and the [applicant][applicant a] te mu mg 21e b l e e h licensee has complied with the provisions of the Pesticide n d rd ei 22= = o h Control Act.

cl e] sb k,d 23i a º e E.

Nothing in this section shall imply the right to r i = r t e w d m a n bo 24 apply pesticides for hire without first having obtained a ud [m commercial: applicator license." .218661.2 - 26 - SECTION 10.

b e d s º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 27 - e a n e d r e l u [ A d commercial applicator license." SECTION 10.

"[NEW MATERIAL]MATERIAL ] CONTINUING EDUCATION FOR LICENSEES AND CERTIFICATE HOLDERS.--Continuing education is required for any person holding a license or certificate pursuant to the Pesticide Control Act.

"[NEW MATERIAL]MATERIAL ] POLLINATOR HEALTH OUTREACH AND EDUCATION h PLAN--EDUCATIONAL AND TRAINING MATERIALS DEVELOPMENT.-- eg o t 17hr A.

The department, in consultation with the college wg le ni dk 18 of agriculture, consumer and environmental sciences at New =h =r 19i as l Mexico state university, shall develop:

ih a, et, r 20 (1) a pollinator health outreach and education ae tu mg me 21b l e e h plan to educate the public regarding the best practices for n d rd ei 22= = o h avoiding adverse effects from pesticides on populations of bees cl e] sb k,d 23i a º e and other pollinating insects;

and r i = r t e w d m a n bo 24 (2) educational and training materials for ud [m pesticide: dealers;

pestb managemente consultantsd ands licensedº oro .218661.2t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 2728 - certifiede applicators,a includingn commercial,e public,d privater ande noncommericall applicators,u and[ operators;A d pesticide dealers;

pest management consultants and licensed or certified applicators, including commercial, public, private and noncommerical applicators, and operators;

h C.

eu t» 17r (1) design the educational and training wt lh ng de 18l i materials so as to ensure that all classesSCONCº ofapplicable»SCONC pesticideh =r =i 19s aclasses lof pesticide applicators applying or supervising the applicationh of, ae ih aapplication eof ra 20 pesticide are knowledgeable regarding alternativest to,u theg ae tb ml me 21e , gh alternatives to, the appropriateness of and precautions for pesticiden used thatd mayi d= r= eo 22h pesticide use that may be injurious to the health of bees and otherl pollinating] cb e,d si ka 23º r other pollinating insects;

and e r = t e w d m a n bo 24 (2) make the educational and training ud [m materials: part of the education required for taking any .218661.2 - 28 - licensing or certification examination or continuing education requirement under the Pesticide Control Act." SECTION 12.

b r e t º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 29 - e a n e d r e l u [ A d materials part of the education required for taking any licensing or certification examination or continuing education requirement under the Pesticide Control Act." SECTION 12.

GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF LICENSE, PERMIT OR [CERTIFICATION][CERTIFICATION ] CERTIFICATE--ACTS CONSTITUTING A VIOLATION OF THE PESTICIDE CONTROL ACT.-- A.

The department may deny application for any license, permit or [certification][certification ] certificate or may suspend any license, permit or [certification][certification ] certificate when it has reason to believe that the applicant for or the holder of such license, permit or [certification][certification ] certificate has violated any of the provisions of Subsection B of this section.

h (1) make a false or fraudulent claim through eg o t 17hr any media [which][which ] that misrepresents the effect of material or wg le ni dk 18 methods to be used;

=h =r 19i as l (2) make a pesticide recommendation or to use ih a, et, r 20 a pesticide in a manner inconsistent with the labeling;

ae tu mg me 21b l e e h (3) apply known ineffective or improper n d rd ei 22= = o h materials;

cl e] sb k,d 23i a º e (4) operate faulty or unsafe apparatus;

r i = r t e w d m a n bo 24 (5) operate in a faulty, careless or negligent ud [m manner;:

.218661.2b -e 29d -s (6)º refuseo or,t aftern notice,= neglect.218661.2AIC toMarch comply6, with2021 the(8:50am) provisionss ofk them Pesticidee Control- Act30 or- thee rulesa [andn regulations]e adoptedd pursuantr [thereto]e tol thatu act;[ A d manner;

(7)(6) refuse oror, after notice, neglect to keepcomply andwith maintain the recordsprovisions orof to make reports when and as required by the Pesticide Control Act or the rules [and regulations]regulations ] adopted pursuant [thereto] to that act;

(7) refuse or neglect to keep and maintain the records or to make reports when and as required by the Pesticide Control Act or rules [and regulations ] adopted pursuant [thereto ] to that act;

(11) refuse or neglect to comply with any h limitation or restriction on or in a duly issued license or eg o t 17hr permit;

wg le ni dk 18 (12) aid or abet a licensed or an unlicensed =h =r 19i as l person to evade any provision of the Pesticide Control Act, ih a, et, r 20 conspire with a licensed or an unlicensed person to evade the ae tu mg me 21b l e e h provisions of [the Pesticide Control]Control ] that act or allow one's n d rd ei 22= = o h license to be used by an unlicensed person;

cl e] sb k,d 23i a º e (13) make false or misleading statements r i = r t e w d m a n bo 24 during or after an inspection concerning any infestation or ud [m infection: of pests found on land;

.218661.2b e d s º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 3031 - (14)e impersonatea anyn state,e countyd orr [city]e municipall inspectoru or[ official;A d infection of pests found on land;

(15)(14) performimpersonate theany typestate, ofcounty pestor control[city under] themunicipal conditionsinspector and in the locality in which [he] the person operates or hasofficial; operated, whether or not [he] the person has previously passed an examination, when not qualified;

(15) perform the type of pest control under the conditions and in the locality in which [he ] the person operates or has operated, whether or not [he] the person has previously passed an examination, when not qualified;

[or][or ] (17) use or supervise the use of a neonicotinoid class pesticide except as provided in the Pesticide Control Act;

or [(17)] (18) make pesticide recommendations or apply pesticides without having the proper [certification or]or ] h license or certificate.certificate .

eg o t 17hr C.

[Any] A person who has had a license, permit or wg le ni dk 18 [certification] certificate denied, suspended or revoked by the =h =r 19i as l department may request a hearing before the department.

The ih a, et, r 20 request for a hearing shall be made within fifteen days of ae tu mg me 21b l e e h receipt of a certified letter notifying [him][him ] the person of the n d rd ei 22= = o h department's action." cl e] sb k,d 23i a º e SECTION 13.

EFFECTIVE DATE.--The effective date of the r i = r t e w d m a n bo 24 provisions of this act is July 1, 2021.

ud [m -: 31 - .218661.2

b e d s º o t n = .218661.2AIC March 6, 2021 (8:50am) s k m e - 32 - e a n e d r e l u [ A d