Nevada AB 162: Concerning the Use of Neonicotinoid Pesticides in Nevada
In 2023, Nevada state legislature passed a bill to restrict the use of neonicotinoid pesticides, a class of pesticides which are very harmful to pollinators if used improperly. While I believe this to be largely a good thing, it was initially vaguely written to effectively ban tree care providers from using it responsibly.
A revision was made in January 2024 to permit the use of neonics by "tree injections and soil drenching, as long as the application does not result in a topical application to plants in the drenching zone". Here is the full letter from the Nevada Department of Agriculture:
Dear Pesticide Registrant, Pest Control Industry Member, or Potential Retailer of Neonicotinoid Pesticides:
The purpose of this e-mail is to provide a clear explanation regarding the sale, distribution and/or use of neonicotinoid pesticides in the state of Nevada with AB 162 becoming effective January 1, 2024.
For background, during the 82’nd (2023) Session of the Nevada Legislature, Assembly Bill (AB) No. 162, restricting the purchase and use of neonicotinoid pesticides in the state of Nevada, was introduced by a member of the assembly mid-session.
Once the NDA learned of this bill, staff worked diligently in ensuring that the language “on plants” was included in the final adopted bill to help bolster our industry partners ability to still be able to legally utilize neonicotinoid pesticides for systemic use, according to label directions.
AB 162 defines a neonicotinoid pesticide as, “Any pesticide containing a chemical belonging to the neonicotinoid class of chemicals, including, without limitation:
Acetamiprid;
Clothianidin;
Dinotefuran;
Imidacloprid;
Nithiazine;
Thiacloprid; and
Thiamethoxam.
Under AB 162 neonicotinoid pesticides are not allowed to be sold, purchased, or used as a liquid foliar application on plants in the state of Nevada.
As a current or potential retailer or registrant of neonicotinoid pesticides and/or pest control industry member, under AB 162 you are ALLOWED to perform applications utilizing any of the manners permitted below (in accordance with the label directions):
Apply neonicotinoid pesticides to commercial agricultural commodities. However, you must obtain a certificate of commercial agricultural use from the Nevada Department of Agriculture website at agri.nv.gov/pest-control. Commercial agricultural purposes are defined as the cultivation of plants or the use of farm and agricultural land to produce an agricultural product to be sold in commerce.
Apply neonicotinoid pesticides for pet care purposes, veterinary treatments, indoor uses, personal care product applications, structural insulation treatments, tree injections and soil drenching, (as long as the application does not result in a topical application to plants in the drenching zone).
Apply neonicotinoid pesticides on outdoor items and around structures, (other than liquid foliar applications on plants).
Apply neonicotinoid pesticides for the purpose of a wood preservative.
Perform granular applications to mowed grass.
Perform bare ground application for soil treatments according to label.
Register for sale and sell all neonicotinoid pesticides WITHOUT label revisions, as long as your pesticide product is approved for these other allowable uses.
Please be advised that the permitted applications outlined above are subject to modification pending any future enacted regulation revisions or repeated non-compliance issues related to this bill."
Bret Allen
Environmental Scientist IV | Division of Plant Health and Compliance
Nevada Department of Agriculture
405 South 21st Street, Sparks, NV 89431
Office: 775-353-3715 | Mobile: 775-846-1691