Over the past few years evidence has mounted showing that neonicotinoid pesticides have adverse effects on bees and other pollinators. Environmental activists have pushed for bans of the pesticides and a small victory has been achieved.
A state ban on consumer use of neonicotinoid pesticides is slated to take effect Jan. 1, 2018, after Maryland Gov. Larry Hogan (R) announced that he will allow S.B. 198/H.B. 211 to become law without his signature.
The legislation, which includes exceptions for certified applicators, farmers and veterinarians, makes Maryland the first state to adopt such a ban on consumer use, according to a coalition of environmental organizations operating as Smart on Pesticides Maryland.
[My emphasis and wry smile]
Governor Hogan invoked a provision in Maryland’s state constitution that allows legislation to pass into law—without a governor’s signature—if not vetoed in 30 days. In doing the right thing, this Republican governor must still leave his name off a document that could be brought back to show that he has something left of a heart and soul. That and the fact that Maryland has been losing pollinators at an alarming pace.
“Maryland’s [pollinator] losses are really staggering,” Tiffany Finck-Haynes, a campaigner at Friends of the Earth, told ThinkProgress, noting that “sustainable” bee losses are considered to be around 10 to 15 percent of a colony — significantly less than what Maryland has been experiencing.
Because Maryland is suffering from such noticeable losses, Finck-Hayes said that the bill garnered a large amount of public support throughout the legislative process, not only from beekeepers, but from environmental organizations, farm organizations, water quality organizations, and voters writ large. A 2015 pollconducted by the Maryland Pesticide Network found “enormous voter concern about risks posed by pesticides,” and overwhelming support for policies that would restrict or label neonicotinoid pesticides.
And while this ban is only on consumers, it is still an important step as consumers are usually untrained and are more likely to use far too much of the poisonous product in their treatments of crops. On the down side, the teeth on this new ban are not particularly long or sharp.
Under the legislation, a person who violates the ban will be subject to a $250 civil penalty, although language added just before passage specifies that such violation isn't considered a misdemeanor under existing penalty provisions of the state's agriculture statute.
But, there is a potential teeth-sharpening loophole:
In a nod to the U.S. Environmental Protection Agency's pending risk assessment of several neonicotinoid pesticides, the legislation gives the state agriculture department six months after the EPA completes its review to recommend to lawmakers any changes in state policy necessary to ensure protection of pollinators.