Third party literature such as horticulture books, posters, etc. is not considered advertising.
Verbal descriptions of plant characteristics including their potential to be pollinator-friendly are not considered advertising.
Verbal descriptions of plant characteristics including their potential to be pollinator-friendly are not considered advertising.
Pollinators include insects, birds and mammals (examples include honey bees, butterflies, hummingbirds and bats).
Pollinators include insects, birds and mammals (examples include honey bees, butterflies, hummingbirds and bats).
All plants offered for sale in Minnesota are covered: annuals, bedding plants, perennials, trees and shrubs.
All plants offered for sale in Minnesota are covered: annuals, bedding plants, perennials, trees and shrubs.
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.
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:
