REFERENCE TITLE: pesticides: sale and use restrictions





State of Arizona


Fifty-fifth Legislature

First Regular Session





SB 1275


Introduced by

Senator Gabaldon





Amending Title 3, chapter 2, article 5, Arizona Revised Statutes, by adding section 3‑342; amending section 3‑362, Arizona Revised Statutes; relating to pesticides.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 3, chapter 2, article 5, Arizona Revised Statutes, is amended by adding section 3-342, to read:

START_STATUTE3-342.  Neonicotinoid pesticides; sale and use: violations; classification; exceptions; definitions

A.  A person may not sell a neonicotinoid pesticide in this state unless the person is licensed to sell a restricted use pesticide.

B.  A person may not use a neonicotinoid pesticide in this state unless the person is one of the following:

1.  A certified applicator or a person working under the supervision of a certified applicator.

2.  A farmer, or a person working under the supervision of a farmer, that uses a neonicotinoid pesticide for agricultural purposes, including producing crops, livestock, poultry, equine or noncrop agricultural fields.

3.  A veterinarian.

4.  A pressure‑treated wood preserver.

C.  A violation of this section is a class 3 misdemeanor.

D.  This section does not apply to:

1.  Pet care products used to mitigate fleas, mites, ticks, heartworms or other pests that are harmful to the health of domesticated animals.

2.  Personal care products used to mitigate lice and bedbugs.

3.  Indoor pest control products used to mitigate insects indoors, including ant bait.

4.  Wood preservatives or wood preservative products that contain neonicotinoid or other similar pesticides used to treat wood products.

E.  For the purposes of this section:

1.  "Certified applicator" has the same meaning prescribed in section 3‑3601.

2.  "Neonicotinoid pesticide" means any pesticide that contains a chemical belonging to the neonicotinoid class of chemicals, including:

(a)  Imidacloprid.

(b)  Nithiazine.

(c)  Acetamiprid.

(d)  Clothianidin.

(e)  Dinotefuran.

(f)  Thiacloprid.

(g)  Thiamethoxam.

(h)  Any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.

3.  "Restricted use pesticide" has the same meaning prescribed in section 3‑361. END_STATUTE

Sec. 2.  Section 3-362, Arizona Revised Statutes, is amended to read:

START_STATUTE3-362.  Powers and duties

A.  The director is responsible for administering this article and shall:

1.  Conduct investigations, On receiving a complaint and or on his the director's own initiative, regarding investigate violations of this article and compile information necessary to administer this article.

2.  Take timely action necessary to enforce this article against violators, including seeking injunctive relief and other penalties and sanctions authorized by this article.

3.  Publish a list of pesticides, by common and proprietary names, which that the director determines to be highly toxic or odoriferous, such as profenofos, sulprofos, def and merphos and other pesticides with similar odoriferous characteristics, or that are otherwise appropriate for inclusion. and The director shall include in that list paraquat and gramoxone.

4.  Submit to the United States environmental protection agency a state plan for issuing, monitoring and controlling experimental use permits pursuant to section 5 of the federal insecticide, fungicide, and rodenticide act (7 United States Code section 136c(f)).

5.  incorporate pollinator habitat expansion and enhancement practices into this state's managed pollinator protection plan developed in coordination with the United States environmental protection agency.

5.  6.  Develop systems and procedures to encourage and ensure public contact with the department, which may include:

(a)  A telephone hotline for pesticide complaints, which that is operated and publicized by the department.

(b)  Outreach and education programs to inform the general public and solicit input regarding pesticide use, and public health, and safety and the environment.

B.  The director may enter into intergovernmental agreements pursuant to title 11, chapter 7, article 3 if the agreement is necessary to more effectively administer the powers and duties described in this article. END_STATUTE

Sec. 3.  Arizona department of agriculture; pesticide laws and rules; report; delayed repeal

A.  The Arizona department of agriculture shall:

1.  Review this state's pesticide laws and rules and recommend any changes necessary to ensure that state laws and rules are protective of pollinators.

2.  Address the United States environmental protection agency recommendations from the risk assessment for the neonicotinoid pesticides imidacloprid, clothianidin, thiamethoxam and dinotefuran.

3.  On or before July 1, 2022, submit a report of the department's findings and recommendations to the governor, the president of the senate and the speaker of the house of representatives and provide a copy of this report to the secretary of state.

B.  This section is repealed from and after September 30, 2023.

Sec. 4.  Effective date

This act is effective from and after December 31, 2021.