New York Enacts Nation’s First Neonicotinoid Treated Seed Ban

On December 22, New York Governor Kathy Hochul signed the Birds and the Bees Protection Act (S 1856-A & A 7640). The law is the first in the country to prohibit the use of neonicotinoid-treated seeds for corn, soybean, and wheat agricultural production. New York joins 11 other states in restricting residential use of neonicotinoids on ornamental plants and turfs. 

• Why it matters: Neonicotinoids are one of the most environmentally harmful yet most commonly used pesticides since DDT. They contaminate soil for years, leech into waterways, and are a main driver of pollinator & invertebrate decline.

Key Components of the Bill 

The states’ neonicotinoid use is expected to decrease by 80-90% with the prohibition of residential use and of wheat, corn, and soybean tread seeds. The law comes after a state-commissioned cost-benefit analysis of neonicotinoid-treated seeds which found that economic costs often exceed treated seeds’ economic benefits. 

The law also incorporates concern for agricultural producers and seeks to mitigate adverse impacts by:

• Giving producers time to adapt their processes before the ban takes effect.
• Permitting neonicotinoid-treated seeds to be purchased and used if there is an insufficient amount of commercially available seeds to supply the agricultural market or if untreated seeds cause undue financial hardship.
• Requiring the commissioner of agriculture & markets to publish a written directive if a one-year exemption for treated seeds will be granted by October 1 of each year.
• Allowing the use of treated seeds if there is a valid environmental emergency where no other less harmful methods can address the emergency.

Bill Sponsors

The bill was sponsored by Senator Brad Hoylman-Sigal and Assemblymember Deborah Glick.

Other Resources

• NY Press Release