Pollinator-Friendly Plant Labeling Act

“210B. Pollinator-friendly plant labeling program

“(a) Definitions—In this section:

“(1) Pesticide—The term pesticide has the meaning given the term in section 2103 of the Organic Foods Production Act of 1990 (7 U.S.C. 6502).

“(2) Producer—The term producer means a nursery or farmer growing a plant or cultivating a seed for sale.

“(3) Secretary—The term Secretary means the Secretary of Agriculture.

“(b) Establishment—The Secretary shall establish a certification program for producers of pollinator-friendly plants.

“(c) Certification

“(1) Applications—To be certified under this section, a producer may voluntarily submit to the Secretary an application for the certification.

“(2) Approval—The Secretary shall approve an application for certification submitted under paragraph (1) if the producer—

“(3) meets the requirements under this section; and

“(4) has been third-party certified.

“(d) Eligibility—To be sold or labeled as a “USDA pollinator-friendly” plant, a plant—

“(1) shall be living;

“(2) shall be, as determined by the Chief of the Natural Resources Conservation Service—

“(A) native to the United States; and

“(B) known to be beneficial to pollinators, including providing habitat and forage for pollinators; and

“(3) may not have been produced using any pesticide or substance (within the meaning of the term in the Organic Foods Production Act of 1990 (7 U.S.C. 6501 et seq.)) that may not be used in the production or handling of organically produced agricultural products under that Act.

“(e) Compliance requirements

“(1) In general—A person may sell or label a plant as “USDA pollinator-friendly” only if the plant meets the requirements under this section.

“(2) Labeling—No person may affix a label to, or provide other market information concerning, a plant if the label or information implies, directly or indirectly, that the plant is USDA pollinator-friendly, except in accordance with this section.

“(f) Labeling—A label affixed, or other market information provided, in accordance with subsection (e)(2)—

“(1) shall indicate that the plant meets Department of Agriculture standards for being pollinator-friendly;

“(2) may incorporate the Department of Agriculture seal;

“(3) shall include the scientific name of the plant and the common name of the plant, if any;

“(4) shall include the county or ecoregion that the plant species is native to and locally adapted to;

“(5) shall include the name of the producer of the plant;

“(6) shall include an instruction that distributors and retailers are not permitted to apply any pesticide product to the plant;

“(7) shall include a statement relating to the importance of supporting pollinator conservation efforts; and

“(8) may include—

“(A) instructions for planting and maintaining the plant to ensure its effectiveness as a resource for pollinators;

“(B) advice on protecting pollinators visiting the plant from pesticide exposure; and

“(C) a weblink or digital code, such as a quick response (QR) code, to access a webpage with additional educational information about the plant.

“(g) Investigations and enforcement—Subsections (b) and (c) of section 2120 of the Organic Foods Production Act of 1990 (7 U.S.C. 6519) shall apply to this section in the same manner that those subsections apply to that Act (7 U.S.C. 6501 et seq.).

“(h) Effect—Nothing in this section supersedes or otherwise affects any State or Federal plant protection or plant quarantine program.”