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H 4191

Mary Elizabeth Martin Embler, 100th birthday

2025-2026 Regular Session Introduced by Terry Alexander and 121 co-sponsors

Authorizes Wellfleet to enact a pesticide-reduction bylaw limiting pesticide use on public and private property, with an Allowed Materials List, waivers, enforcement, and fines.

Introduced and adopted
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Bill Summary · H 4191

Summary: H 4191 — An Act authorizing the town of Wellfleet to enact a pesticide reduction bylaw

A bill authorizing Wellfleet to adopt a local bylaw to reduce pesticide use on public and private property, with a framework for what pesticides may be used, exemptions, enforcement, and penalties. The measure reflects a local-government approach to sustainable pest management and pesticide exposure reduction.

Purpose and intent

  • Authorizes the Town of Wellfleet to enact a pesticide reduction bylaw aimed at reducing toxic pesticide use on all public and private property within the town.
  • Seeks to promote a healthy environment, protect the public from pesticide hazards, and implement sustainable land and building management practices.

Key provisions

  • Section 1 — Purpose: Establishes goals to reduce toxic pesticide use and promote sustainable, least-toxic pest management practices on both public and private property.

  • Section 2 — Findings: Documents health and environmental concerns associated with pesticide exposure (including impacts on asthma, cancer, development, wildlife, and ecosystems) and notes the vulnerability of infants, elderly, pregnant people, immunocompromised individuals, and pollinators.

  • Section 3 — Authority: Basis in the Massachusetts Home Rule amendment and any applicable special legislation.

  • Section 4 — Definitions (Allowed Materials List):

    • Non-synthetic (natural) materials are allowed, with exceptions for prohibited non-synthetic materials under 7 CFR 205.602.
    • Some synthetic materials may be allowed if listed for turf uses and with disclosure of inert ingredients.
    • FIFRA 25b-listed pesticides may be allowed.
    • Clear definitions for “Pesticide,” “Synthetic materials,” “Non-synthetic (natural) materials,” and “Inert ingredient.”

  • Section 5 — Prohibitions: Pesticide applications not on the Allowed Materials List are prohibited, subject to permitted exceptions.

  • Section 6 — Exceptions:

    • (a) Permitted uses include indoor pest sprays/insect baits (not rodent baits), personal insect repellents, pet flea/tick products, household disinfectants and sanitizers, mold/mildew products, and products used for commercial farming/nurseries.
    • (b) Pesticides for ecological restoration of invasive plants may be used if a waiver is granted by the Town Manager or designee (per Mass. Invasive Plant Advisory Group lists, subject to waiver).
    • (c) Emergency public health situations may warrant a temporary, case-by-case waiver after evaluating alternatives.

  • Section 7 — Enforcement: Town Manager or designated town officials enforce the bylaw.

  • Section 8 — Penalties:

    • First offense: $100 fine; subsequent offenses: $300 each.
    • Each day of violation constitutes a separate offense; each provision violated constitutes a separate offense.
    • (Note: The provided text truncates the remainder, but the core penalties are captured above.)

Affected parties and impact

  • Directly affected: Town of Wellfleet operations (and facilities), Wellfleet residents, property owners, landscapers, contractors, and commercial farmers/nurseries operating within Wellfleet.
  • Impact: Limits use of most conventional pesticides, expands allowed tools to certain natural and FIFRA 25b substances, and creates a framework for waivers and emergency exceptions. Aims to reduce chemical exposure and protect ecosystems and vulnerable populations.

Process and timeline

  • Introduced: June 4, 2025.
  • Status progress: Senate concurred on June 5, 2025; referred to the Joint Committee on Environment and Natural Resources on June 4, 2025.
  • Hearing: Scheduled for October 27, 2025, from 1:00 PM to 5:00 PM in hearing room A-1.
  • Related action: HD 4713 is a related/companion filing; local approval status noted.

Background

  • This is a local-option bill enabling Wellfleet to adopt a pesticide-reduction bylaw. A similar matter previously appeared in the 2023-2024 session as Senate No. 2939. The bill emphasizes precautionary, least-toxic pest management and aligns with broader environmental and public-health goals.

Compiled from official sources — confirm details with the bill’s official record.

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