The law does not regulate the use of specific insecticides or products; rather, it is the labeling of plant material that is regulated. Plants cannot be labeled or advertised as attractive or beneficial to pollinators if they are treated with systemic insecticide that: (i) has a pollinator protection box on the label; or (ii) has a pollinator, bee, or honey bee precautionary statement in the environmental hazards section of the insecticide product label that results in a concentration in its flowers greater than the no observed adverse effect level as established by the United States Environmental Protection Agency (U.S. EPA) for acute oral toxicity for adult honeybee. All insecticide products with active ingredients that act systemically and carry bee- or pollinator-protective label language noted in the law have the potential to lead to detectable levels of residues. A systemic insecticide is on that is both absorbed by the plant and translocated through the plant’s vascular system. Insecticides that work through translaminar absorption – moving into the leaf where the active ingredient remains for a period of time – are not considered systemic insecticides for purposes of this law.
Certain pesticide product labels now carry a bee icon accompanied by a “bee box” containing information pertinent to protecting bees and other pollinators from acute pesticide exposure. In addition, product labels might contain a precautionary statement about product toxicity to bees. If you see any one of these on the label, the product should be carefully reviewed for active ingredients that may be systemic in character, and refrain from using it on plants intended for advertisement or labeling as attractive or beneficial to pollinators. Even if the environmental hazards section of the label indicates that toxicity is only associated with “bees exposed to direct treatment on blooming crops” or similar language, the presence of such a hazard statement is all that’s necessary to suggest the need for careful review of the active ingredient list on the insecticide product label for systemic insecticides that, if detected, may result in non-compliant labeling of plant material as attractive or beneficial to pollinators. Here are examples of relevant label indicators:
Certain pesticide product labels now carry a bee icon accompanied by a “bee box” containing information pertinent to protecting bees and other pollinators from acute pesticide exposure. In addition, product labels might contain a precautionary statement about product toxicity to bees. If you see any one of these on the label, the product should be carefully reviewed for active ingredients that may be systemic in character, and refrain from using it on plants intended for advertisement or labeling as attractive or beneficial to pollinators. Even if the environmental hazards section of the label indicates that toxicity is only associated with “bees exposed to direct treatment on blooming crops” or similar language, the presence of such a hazard statement is all that’s necessary to suggest the need for careful review of the active ingredient list on the insecticide product label for systemic insecticides that, if detected, may result in non-compliant labeling of plant material as attractive or beneficial to pollinators. Here are examples of relevant label indicators:
Because individual plant protection products may contain one or more insecticide active ingredients, and each product has specific labeling that may or may not include pollinator-protective language, it is best to check product labels for descriptions of potential systemic behavior of ingredients and pollinator-related text. The availability of “no observed adverse effects” values for acute oral toxicity for adult honeybees is dependent in part on the annual status of U.S. EPA review and testing of active ingredients. Check with pesticide product manufacturers for more information.
Because individual plant protection products may contain one or more insecticide active ingredients, and each product has specific labeling that may or may not include pollinator-protective language, it is best to check product labels for descriptions of potential systemic behavior of ingredients and pollinator-related text. The availability of “no observed adverse effects” values for acute oral toxicity for adult honeybees is dependent in part on the annual status of U.S. EPA review and testing of active ingredients. Check with pesticide product manufacturers for more information.
Without complete records verifying that plant treatment occurred with a systemic insecticide that did not have bee- or pollinator-protective label language noted in the law, it may be difficult to prove that concentrations of the insecticide in plant tissue originated from specific products. It is the responsibility of the retailer to verify that any systemic insecticide products used did not have bee- or pollinator-protective language on the product label. Additionally, note there is no prohibition on selling plants treated with systemic insecticides – with or without bee- or pollinator-protective language on the product label – as long as they are not advertised as beneficial to pollinators.
Without complete records verifying that plant treatment occurred with a systemic insecticide that did not have bee- or pollinator-protective label language noted in the law, it may be difficult to prove that concentrations of the insecticide in plant tissue originated from specific products. It is the responsibility of the retailer to verify that any systemic insecticide products used did not have bee- or pollinator-protective language on the product label. Additionally, note there is no prohibition on selling plants treated with systemic insecticides – with or without bee- or pollinator-protective language on the product label – as long as they are not advertised as beneficial to pollinators.
Those who source or sell plants can have plant flowers tested at laboratories providing such services. Analytical results may be requested and reviewed at the point of sale in Minnesota as part of compliance assistance or an investigation. The law specifies that only the flowers of plants are subject to the law’s provisions. In order to issue a defensible numerical value, a laboratory should report the “Limit of Quantification” for the method, along with the analytical results. In addition, the MDA may initiate sampling of plant flowers offered for sale and labeled as beneficial to pollinators to determine if there are systemic insecticide concentrations of concern.
Those who source or sell plants can have plant flowers tested at laboratories providing such services. Analytical results may be requested and reviewed at the point of sale in Minnesota as part of compliance assistance or an investigation. The law specifies that only the flowers of plants are subject to the law’s provisions. In order to issue a defensible numerical value, a laboratory should report the “Limit of Quantification” for the method, along with the analytical results. In addition, the MDA may initiate sampling of plant flowers offered for sale and labeled as beneficial to pollinators to determine if there are systemic insecticide concentrations of concern.
The MDA will bear the cost for all samples collected by the MDA.
