When it comes to regulating pesticides in the United States, federal oversight is primarily carried out by the US EPA through the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This federal statute establishes baseline regulations but contains key gaps that leave pollinators and other wildlife at risk. As a result, states are stepping up with their own policy changes to protect insects, ecosystems, and communities from the harmful effects of pesticides. States are also engaging in important defensive efforts to block legislation that takes away their communities’ ability to regulate pesticides.
The following policy options can be implemented through legislation (i.e. a bill) or in some cases through a regulatory change by a state agency.
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Looking for more policy options specific to private pest control? See this resource developed in partnership with the National Caucus of Environmental Legislators.
States contain incredibly diverse public lands, including parks and preserves; built spaces like schools, roadways, and government buildings; and leased and state trust lands. States can better protect pollinators and broader biodiversity by establishing or strengthening pest management programs that emphasize ecological methods and reduce pesticide use on state and/or local public lands. States can also choose to explicitly prohibit the use of certain high-risk pesticides on public lands. In doing so, states are setting a positive example for private land management.
Seeds for dozens of crops — including squash, lettuce, tomatoes, broccoli, cotton, sunflowers — as well as nearly all commercially grown corn, more than half of soybeans, and about half of wheat, are coated with systemic insecticides before they are sold and planted. The US Environmental Protection Agency (EPA) designates treated seed as “treated articles,” essentially exempting them from federal pesticide oversight. Yet, treated seed represents a significant portion of total insecticide use nationwide, and conservative estimates found that treated seeds are planted on approximately 150 million acres in the United States. To put it plainly: based on the most recent available estimates, more than half of the total toxic load for bees in U.S. agriculture comes from neonicotinoids applied on crop seeds.
Treated seeds are used prophylactically and often provide little or no value for managing pests. In fact, the vast majority of the insecticide on the seed isn’t absorbed by the target crop plants, instead ending up in the soil, water, or in adjacent plants. This contamination harms pollinators and other wildlife, water quality and aquatic life, and ecosystems as a whole. Unused treated seeds can also become a toxic waste problem. In one case, a facility created tens of thousands of tons of waste that was devastating to people and wildlife. Federal gaps have left it up to states to track, regulate, and mitigate harm from treated seed use and disposal. Several states have already taken action, and momentum is growing.
Many insecticides readily available to untrained consumers are highly toxic to bees, butterflies, and other beneficial insects. These products are frequently applied in urban and residential areas for cosmetic reasons or preventatively, where pests pose no economic, ecological, or public health threat. These uses are risky for wildlife, especially when applied by unlicensed users who are not trained in following complex label instructions. Many of the older insecticides such as pyrethroids and carbamates are harmful to pollinators. Furthermore, newer systemic insecticides such as neonicotinoids, diamides, and butenolides carry additional risk because they are generally long-lived and can be easily absorbed by nearby plants, increasing exposure risk for beneficial insects. Targeted prohibitions can eliminate particularly harmful uses of insecticides in places where they are not needed or can limit the availability of certain products to trained applicators only.
Pesticide applications by private companies in residential and other built spaces can carry significant risks, such as exposure to PFAS (“forever chemicals”) and harm to wildlife, people, and pets. Recent research also suggests that these chemicals drift onto neighboring properties in the vast majority of cases. Private companies promote pesticide uses that may not be driven by an economic or public health threat, and advertising can misrepresent pesticides and their risks. There are many different ways to address this issue through common sense state policy that ensures the customer’s right-to-know and limits unnecessary harm from private pest control services.
Homeowner associations and condominium communities (collectively HOAs) represent a growing number of residential communities. More than 370,000 HOAs comprise approximately 29 million households, and an estimated 65% of new homes are built in HOA communities. Unfortunately, many HOAs have stringent rules that make it difficult for residents to implement pollinator-friendly practices on their property or community common spaces. This is a barrier to effective conservation, and state policy can help restore residents’ ability to provide a safe home for pollinators in their community.
Growers and ranchers may want to reduce pesticide use but need additional knowledge, technical support, or financial resources to do so. State legislation can help provide the funding and tools growers need to make voluntary changes. These can include incentives for cover cropping, using seeds without insecticide coatings, planting habitat to attract pollinators and other beneficial insects, using protective netting as a mechanical protection against insect pests, and others. Legislation may also fund university research and extension to develop sustainable agroecological pest management practices and provide technical support to growers.
Basic information on what pesticides are used, where they are used, and in what quantities are critically valuable for a variety of stakeholders, including agricultural researchers, government regulators, and public health professionals. Yet, this information is not available in states that lack a transparent and detailed pesticide use reporting system (PURS). PURS data can inform our understanding of potential pesticide risks to people and wildlife and propel changes in policy and practices that address identified concerns. Well-designed PURS ensure that reported data are standardized, digitized, and publicly available in a searchable format at a spatial resolution that allows for analysis of pesticide use patterns. Several states provide examples of how a PURS can be implemented.
In addition to advocating for policies that help protect pollinators, biodiversity, and communities from the harmful effects of pesticides, states are also taking on important defensive efforts. Over the last several decades, many states have introduced and passed industry-backed bills that restrict or “preempt” their local community’s authority to regulate pesticides. Several states including Alaska, Hawaii, Maine, Maryland, and Vermont have successfully fended off pesticide preemption and defended their resident’s ability to regulate pesticides at the local level. These defensive efforts, in combination with offensive campaigns, are key to protecting states from the harmful effects of pesticides.