Amendment ID: S3050-3-R1

Redraft Amendment 3

Restricting the use of rodenticides in the environment

Mr. Moore, Ms. Friedman, Mr. Mark, Ms. Edwards, Messrs. Tarr, Collins and Keenan, Ms. Howard, Messrs. Cronin, Oliveira, Fernandes, Lewis and Eldridge, Ms. Kennedy, Mr. Brady, Ms. Jehlen, Messrs. Payano, Driscoll, Gómez, Feeney, Montigny, O'Connor and Durant, Mrs. Dooner, Ms. Creem, Ms. Lovely and Messrs. Finegold and DiDomenico move that the proposed new draft be amended by inserting after section 56 the following 3 sections:-

“SECTION 56A. Section 2 of chapter 132B of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after the definition of “Animal” the following definition:-

“Anticoagulant rodenticide”, any pesticide product that has a mode of action that interferes with blood clotting including, but not limited to, any pesticide product containing any of the following active ingredients: brodifacoum, bromadiolone, chlorophacinone, difenacoum, difethialone, diphacinonon or warfarin.

SECTION 56B. Said chapter 132B is hereby further amended by inserting after section 5A the following section:-

Section 5B. The department, with the approval of the board, shall by regulation establish a process and standards for cities and towns for the limited use of anticoagulant rodenticides by licensed applicators in public health emergencies including, but not limited to, provisions for the emergency use of anticoagulant rodenticides to protect drinking water supply, to control vectors for mosquito-borne illness and for emergent infectious disease control. The regulations shall allow for 1-time, indoor use in a single location to address a public health emergency as determined by the commissioner of public health in the commissioner’s sole discretion. The allowable 1-time emergency use shall: (i) be limited to span not more than 14 consecutive days; (ii) be accompanied by integrated pest management actions that include nonchemical methods and exclusionary measures to control rodents; (iii) require additional labeling of anticoagulant rodenticides used including, but not limited to, the name of the rodenticide clearly labeled on any bait box; (iv) require written rationale for the need for anticoagulant rodenticides over other nontoxic short-term alternatives; and (v) require applicators to report to the department after the 14-day emergency use period and include a plan for ongoing rodent control at the location.

A city or town that accepts this section, consistent with section 4 of chapter 4, may regulate the use of anticoagulant rodenticides by a licensed applicator by implementing the department’s regulations for the limited use of anticoagulant rodenticides by licensed applicators in public health emergencies.

The department shall report annually and include on its website information regarding the emergency use of anticoagulant rodenticides including, but not limited to, locations where the anticoagulant rodenticide was used, the types and amounts used, the contents of ongoing rodent control plans and relevant accompanying documents.”; and

by inserting after section 79 the following section:-

“SECTION 79A. Notwithstanding any general or special law to the contrary, a city or town , on behalf of which legislation has been duly filed with the general court before the effective date of this act, shall be considered to have adopted section 5B of chapter 132B of the General Laws; provided, however, that such city or town shall submit a letter to the department of agricultural resources indicating the city or town seeks such adoption not later than 180 days after the regulations implementing said section 5B are promulgated.”; and

in section 88, by striking out, in line 2570, the words “Section 43” and inserting in place thereof the following words:- “Sections 43, 56A and 56B”.