§ 37-1101. Unlawful acts.

1. Beginning January first, two thousand twenty-nine, it shall be
unlawful for any person to sell, offer for sale or use, or distribute
within the state any corn, soybean or wheat seeds coated or treated with
pesticides, as defined in subdivision thirty-five of section 33-0101 of
this chapter, with the active ingredients clothianidin, imidacloprid,
thiamethoxam, or any other neonicotinoid as determined by the department
in regulation unless a valid waiver is issued by the department to the
user pursuant to subdivision two of this section.

2. The commissioner in consultation with the commissioner of
agriculture and markets may issue a waiver to allow the use of such
seeds for the production of agricultural commodities.

(a) No such waiver shall be valid for more than two years.

(b) Such waiver shall be granted only if at a minimum the following
conditions are met:

(i) the farm owner must complete an integrated pest management
training;

(ii) a pest risk assessment and a pest risk assessment report must be
completed;

(iii) any such seeds may only be planted on the farm property or
properties identified in the pest risk assessment report; and

(iv) the farm owner must maintain current records of such pest risk
assessment report and records of when treated seeds are planted, both of
which shall be subject to review upon request by the department.

(c) The commissioner in consultation with the commissioner of
agriculture and markets shall promulgate any appropriate regulations
prior to undertaking this waiver process.

(d) The department shall annually report to the legislature on the
number of waivers granted.