Neonicotinoids, a widely used class of pesticides, may become more stringently regulated in New Hampshire, after the state’s Pesticide Control Board voted on Monday to move forward with the process of altering its rule on how and where these chemicals can be used.
Neonicotinoids, or neonics, are indiscriminate insecticides typically applied directly to the soil or used to coat seeds used by farmers and growers. They have been demonstrated to stunt biodiversity of birds, pollinators and bugs that form the foundation of the food web.
Earlier this year, the legislature voted to delay a bill that sought to restrict the use of these pesticides. House Bill 1431-FN, sponsored by Wolfeboro Republican Rep. John MacDonald, was referred to interim study, but it laid the foundation for a proposed revision to current pesticide rules.
The proposed change stops short of restricting the application of these chemicals to ornamental plants during their blooming season, one of the bill’s provisions. Still, the Pesticide Board’s change would represent an added layer of regulation.
“It’s a step in the right direction, but I don’t think it should be the last step,” said Serena Chenery, an advocacy coordinator with the American Bird Conservancy and Baltimore-based attorney. “We’re trying to get more common sense pesticide policy at the state level, since moving at the federal level is a pretty hefty task. In New Hampshire, we’re really concerned with the lakes, these beautiful lakes getting runoff from pesticides that are able to be sprayed pretty close to the water’s edge.”
When a bird eats a neonic-treated seed, a direct poisoning, it might suffer disorientation, harms to its reproductive system and a diminished body weight, which impedes its ability to keep track of its flock and complete migrations, according to Chenery.
“They’re not just these cute little birds that you can collect like Pokémon, although if you’re a birder, you might see one that’s on what we call your ‘life list.’ They’re a part of our broader ecosystem,” she said. “We’re not separate and apart from nature, we’re a part of it, and birds are our feathered family.”
The Pesticide Control Board is recommending restricting non-agricultural lawn and turf applications of these pesticides, as well as restricting outdoor uses to individuals licensed by the Department of Agriculture, Markets and Food, with some exceptions.
Veterinarians would continue having neonicotinoids available as a general use pesticide for treating flea or tick infestations, and these pesticides could still be deployed by certified pesticide applicators to control wood-destroying or structural pests, like termites.
Licensed pesticide applicators may continue to use neonics on outdoor ornamental plants, trees and shrubs — an area of particular concern to advocates, since neonics are extremely hydrophilic, meaning they are attracted to and move easily into waters. Anyone applying pesticides to a property they do not own must have a commercial applicator license under New Hampshire state law.
The rule also includes a “justification allowance for the [agriculture] commissioner and the state entemologist if there were a pest threat to identify that use was justified in an emergency-type situation,” said David Rousseau, director of the state Division of Pesticide Control, housed within the Department of Agriculture, Markets and Food.
The proposed rule change also targets the use of second-generation rodenticides, an wildlife-protection cause that faltered on two fronts in the last legislative session: House Bill 1018, which was voted inexpedient to legislate, and House Bill 1676, which was referred to interim study.
There are four main active ingredients that fall under the classification of second-generation rodenticides. The proposal would add bromadiolone, difenacoum, and difethialone to the state’s list of restricted use pesticides. Brodifacoum, which is already restricted at concentrations above 0.05%, would become fully restricted at any concentration.
Only applicators with restricted use licenses could purchase and use these active ingredients under the proposed rule.
In 2022, the Environmental Protection Agency proposed classifying all second-generation rodenticides as restricted use chemicals. A final decision at the federal level is still pending.
The Pesticide Control Board, which is comprised of representatives from various state agencies and chaired by Agriculture Commissioner Shawn Jasper, will need to hold a public hearing to move forward with its rule change.
Jasper said he expects it will be held either at the Board’s next meeting in November or in January 2027.
