September 11th, 2025
Mr. Steve Dwinell
Director
Public Health & Agricultural Resource Management Division
Vermont Agency of Agriculture, Food & Markets
116 State Street
Montpelier, VT 05620
Re: Comments on Best Management Practices for the Use of Neonicotinoid Treated Articles Seeds and Neonicotinoid Pesticides
We, the undersigned farmers, scientists, beekeepers, and advocates, respectfully submit the following comments on the draft Best Management Practices for the Use of Neonicotinoid Treated Article Seeds and Neonicotinoid Pesticides developed in accordance to Act 182, an act banning the use of neonicotinoid pesticides. In order to most effectively implement the intent of the law, our coalition urges the Agency of Agriculture Food and Markets to consider the following recommended changes before finalizing the rule.
Background & Introduction
Protecting pollinators from harmful threats—especially pesticides—is essential to maintaining healthy food systems and ecosystems in Vermont. According to the USDA, honeybees pollinate $15 billion worth of crops nationwide, including more than 130 varieties of fruits, vegetables, and nuts. Act 182 takes important steps toward reducing the risk posed by neonicotinoid pesticides— neurotoxic chemicals with sublethal and devastating impacts on bees.
Members of the General Assembly clearly understood the harms caused by neonics when they overwhelmingly passed the legislation. For instance, the findings section of the law highlighted a comprehensive 2020 Cornell University report that found that neonicotinoid corn and soybean seed treatments pose substantial risks to bees and other pollinators and provide no overall benefits to farmers. The Vermont Department of Fish and Wildlife (DFW) has similarly recognized that neonicotinoid use contributes to declining pollinator populations. Neonics’ widespread use, toxicity, and potency demand thoughtful and precautionary regulation.
The Vermont Agency of Agriculture, Food & Markets plays a vital role in bringing this law to life through the development of rules and Best Management Practices (BMPs) that guide the safer use of these chemicals both prior to and during the phase-out period. It is imperative that these rules reflect the legislative intent of Act 182: to protect pollinators and support farmers in transitioning to safer alternatives.
We appreciate the revisions the Agency has made since the April draft, but we remain concerned about several key areas and trust that you will give due consideration to these comments.
Optional BMPs Undermine the Intent of The Law
The Vermont General Assembly passed Act 182 in large part to protect pollinators from exposure to neonicotinoid pesticides. Pollinators in Vermont will remain at risk from neonic-treated seeds until the ban takes effect, and they could still face exposure after 2029 if an exemption is granted. Incorporating BMPs into the rulemaking process is intended to provide additional protection in the early stages of the law’s implementation and later in cases where exemptions are granted.
Unfortunately, the Draft Rule fails to reflect the Legislature’s intent to make BMPs mandatory. Instead, it frames them as voluntary, using the word “should” rather than “shall” throughout multiple sections. The Purpose section goes further, stating that “these practices are recommended best practices to be used whenever reasonable and practicable,” reinforcing their non-mandatory status.
This vague and permissive language does not align with Act 182, particularly where the rule implies that following pesticide label instructions are not mandatory. Label restrictions are governed by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and Chapter 87 of the Vermont Agriculture Title, and implying that otherwise mandatory label instructions are merely advisory undercuts not only Act 182, but also other state and federal pesticide law. To meet the law’s intent— protecting pollinators and providing clear, enforceable standards for farmers—and be in compliance with FIFRA, these provisions should be revised to replace “should” with “shall” where applicable. This change is necessary to ensure that BMPs related to drift prevention, proper seed disposal, and pollinator protection are implemented as binding requirements, not optional guidelines.
Improve Integrated Pest Management for Seed Treatments
Integrated Pest Management (IPM) relies on regular monitoring of pests and diseases to guide the use of control measures. The prophylactic use of neonicotinoid-treated seeds—regardless of actual pest presence or benefit—undermines this core principle. In Vermont, this prophylactic approach has made treated seeds the largest source of insecticide use in the state. As a result, neonics have contaminated soil, water, and vegetation, threatening pollinators, aquatic species, and other wildlife. Incorporating seed treatments into a true and meaningful IPM framework is essential to reducing these environmental harms.
Best management practices should include scouting and monitoring for seed pests, evidence-based pest risk assessment, and the implementation of cultural practices such as crop rotation, cover cropping, and planting in conditions that reduce or eliminate the need for seed treatments.
Restrict Aerial Applications
Banning aerial applications of neonicotinoids—including those conducted by drone—would prevent the risk of these chemicals further contaminating Vermont’s soils, waterways, and wildlife. Currently, there are no known cases of aerial spraying of neonics in the state, providing a critical opportunity to prevent this high-risk practice before it begins. While the draft rules propose a 50-foot buffer from water sources and pollinator habitat, this distance is inadequate to fully prevent drift and environmental contamination from aerial application. We strongly urge the Agency to include a full prohibition on aerial spraying of neonics in the final rule.
Treated Seed and Bag Disposals
We urge the Agency to adopt stronger measures to prevent pollution from the disposal of leftover treated seeds and seed bags. Neonicotinoid-treated seed poses significant risks to birds, bees, and groundwater if not handled properly. While we appreciate the inclusion of new drinking water definitions and notification requirements, the current draft lacks enforceable standards for disposal. Clear, mandatory disposal requirements are essential.
More than four in ten Vermont households rely on private wells for their drinking water. To safeguard these sources, Vermont’s rules should include specific limits on disposal near water supplies. We recommend requiring at least a 200-foot buffer from any water supply used for human or animal consumption, and a minimum 1,000-foot buffer from public water supplies. In addition, the rules should set requirements for burial depth, soil cover, and runoff controls to prevent contamination.
Notification for Beekeepers
The planting of treated seeds increases the risk of neonicotinoid exposure for bee colonies located on or near farm properties. Beekeepers deserve sufficient notice so they can protect their livestock—a step that is only possible if they are informed well in advance.
The current draft rule requires farmers to notify beekeepers with hives on their property no less than 48 hours and no more than 90 days before planting treated seed. Forty-eight hours is not nearly enough time for beekeepers to secure a new location and physically relocate their hives. Moreover, colonies located just beyond a property line remain vulnerable, as neonicotinoids readily disperse in the environment and bees can forage up to five miles from their hives.
We therefore urge the Agency to assume responsibility for beekeeper notification. When exemptions for neonic-treated seed are granted, the Agency should immediately notify all registered beekeepers within a five-mile radius, ensuring they have the maximum possible time to take protective measures.
Correct the Date for Protections
Under Act 182, the prohibition on the use of neonic treated article seeds goes into effect on January 1, 2029, with the BMPs providing some protection of pollinators prior to this date. However, the Draft Rule states that the BMPs apply to the use of neonic treated article seeds prior to 2031, not prior to January 1, 2029. The implementation date in the Draft Rule should be consistent with the effective date of Act 182 as established by the Legislature. It is essential that the BMPs are effective on the timeline intended by the Legislature to ensure growers have clear, science-based guidance in place before the 2029 prohibition begins.
Conclusion
Act 182 marks a critical step in Vermont’s transition away from neonicotinoid pesticides and toward safeguarding pollinator populations and better protecting waterways and our environment. The rules the Agency adopts will determine whether this landmark law fulfills its purpose by providing meaningful, enforceable protections against neonic exposure. To truly reduce the risk of contamination and protect the health of pollinators, we strongly urge the Agency to incorporate our recommendations into the final rules.
Thank you for the opportunity to comment on the Best Management Practices for the Use of Neonicotinoid Treated Article Seeds and Neonicotinoid Pesticides.
Sincerely,
Bianca Braman
President
Vermont Beekeepers
Emily May
Agricultural Conservation Lead Xerces Society
Maddie Kempner
Policy and Organizing Director NOFAVT
Fran Putnam
Chair, Board of Directors
Pollinator Pathway of Addison
County
Margaret Fowle
Senior Conservation Biologist
Audobon Vermont
Charles and Curtis Mraz
Owner, President
Champlain Valley Apiaries
Dan Fingas
Executive Director
Vermont Conservation Voters
Daniel Raichel
Pollinator & Pesticides Director, Natural Resources Defense Council
Edward Hardy Kern III
Director of Government Relations, American Bird Conservancy
Graham Unangst-Rufeacht Policy Director
Rural Vermont
J enny Patterson
Executive Director
Lake Champlain Committee
Jon Groveman
Policy & Water Program Director, Vermont Natural Resources Council
Paul Burns
Executive Director
Vermont Public Interest Research Group
R. Scott Sanderson
Director of Farm & Food, Staff Attorney
Conservation Law Foundation
Robb Kidd
Chapter Director
Vermont Sierra Club