I am passing this guidance on to apple growers regarding the legality of using acetamiprid and other insecticides in orchards when blooming weeds are present. As we are in apple maggot management season now, it is important to use materials effectively and safely, and many of us are using Assail to manage that pest. A recent news story contained an error at the end that stated that use of all neonicotinoid insecticides in the presence of any blooming plants is illegal. The Vermont Agency of Agriculture Pesticide Program is reaching out with this clarification.
While this guidance is very much appreciated, we must all remember to do our best and apply pesticides according to Best Management Practices. -TB
The [news story] states that applying a neonicotinoid insecticide if there are any flowering plants in the vicinity would be illegal. That is not accurate. The accurate statement would be that, as of July 1, 2025, applications of neonicotinoids to flowering crops is prohibited. Here is the pertinent language from Act 182 as enacted:
Sec. 4.
6 V.S.A. § 1105c is added to read:
§ 1105c. NEONICOTINOID PESTICIDES; PROHIBITED USES
(a) The following uses of neonicotinoid pesticides are prohibited:
(1) the outdoor application of neonicotinoid pesticides to any crop during bloom;
The language very specifically applies to flowering crops. In addition to the language added to the pesticide law (Chapter 87) the Vermont Rule for the Control of Pesticides (CVR 20-031-12) includes protections for bees in Section 5.04.
5.04 Protection of Bees
(a) No person shall apply a pesticide to a flowering crop, including alfalfa, apple, blueberry, clover, pumpkin, raspberry, squash, or trefoil without prior notification of at least 48 hours to an apiculturist who has an established apiary on the premises.
(b) A person hiring a commercial applicator for an application under Section 5.04(a) shall notify, or cause to be notified, the apiculturist at least 48 hours prior to the application.
(c) A person applying a pesticide that is highly toxic to bees shall:
(1) apply the pesticide during periods and conditions of least exposure, such as early morning or late evening; and when winds are less than nine mph; and
(2) include a 50-foot buffer from pollinator foraging sites, such as natural and semi-natural areas or intentional pollinator plantings or a 20-foot-wide non-pollinator-attractive vegetative barrier higher than the spray release height with an established 60% plant density.
(d) A person shall avoid the application of a fungicide or soil fumigant to pollinator-attractive plants when in bloom.
I have highlighted subsection (c). This section applies if the product being applied is classified by EPA as highly toxic to bees. Pesticides that are in this class will have a pollinator advisory statement on the label similar to the one reproduced below, as well as specific use directions that prohibit application to a crop while bees are foraging. These prohibitions are consistent with the requirements of rule 5.04 (c).

When considered in totality – the language added to Chapter 87, the language in rule 5.04 (c), and the label language for pesticides highly toxic to bees – it is not illegal to make an application to a crop when there are flowering plants in the vicinity of a crop to which application is otherwise allowed by these provisions.
It is good practice to minimize exposure to native pollinators through management of flowering weeds and plants that may be planted deliberately in the orchard , such as clover and legumes, through timely mowing or timing applications to early morning or late evening. In addition, good practice and label directions for use require minimization of drift onto non-target areas, such as where flowering weeds may occur. As we have discussed, UVM has developed recommendations for these practices, and it would be appropriate to remind growers of those recommendations given the attention to this issue.
I should also note that acetamiprid, which is commonly used in orchards for post bloom application, is not characterized as a pesticide highly toxic to bees and does not have the pollinator protection language on the label required for those products.
The UVM Tree Fruit and Viticulture Program is supported by the University of Vermont Agriculture Experiment Station, UVM Extension, USDA NIFA E-IPM Program, and USDA Risk Management Agency. Issued in furtherance of Cooperative Extension work, Acts of May 8 and June 30, 1914, in cooperation with the United States Department of Agriculture. University of Vermont Extension, Burlington, Vermont. University of Vermont Extension, and U.S. Department of Agriculture, cooperating, offer education and employment to everyone without regard to race, color, national origin, gender, religion, age, disability, political beliefs, sexual orientation, and marital or familial status.
Where trade names or commercial products are used for identification, no discrimination is intended and no endorsement is implied. Always read the label before using any pesticide. The label is the legal document for the product use. Disregard any information in this message if it is in conflict with the label.