Vermont legislation banning neonics worries farmers, industry

The seed industry and growers are closely watching legislation in Vermont that would ban corn and soybean seeds treated with neonicotinoids. Critics say it would make it more difficult for growers to control pest pressure and use conservation practices such as no-till and cover crops.

More than that, adoption of the Vermont legislation a year after New York passed a bill on which it is based, has sparked concern that other states will follow suit.

“I think it’s more than likely we’re going to see a bill in Vermont,” said Brad Mitchell, leader of Northeast affairs for neonic manufacturer Syngenta. “And that I think will probably trigger more bills, particularly in the Northeast.”

The debate centers on the impacts of neonics, which are used to coat virtually all corn and most soybean seeds sold nationwide. Supporters of the legislation say research has shown that the insecticides harm bees, both commercial and wild, and birds, leading to declining populations.

“Tiny amounts of neonicotinoid insecticides – 5 to 10 parts per billion – have sublethal effects that doom a colony to death during the coming winter,” the Vermont Beekeepers Association said in a statement arguing for the legislation.

Bill proponents, including environmental groups, point to studies showing little to no economic benefit from neonics. They cite a Cornell University report in 2020 that found “seed treatments benefit farmers when there is high early-season pest pressure, [but] these benefits are limited to a small proportion of fields.”

Testifying on the Vermont bill, Scott McArt, Cornell assistant professor of pollinator health, a co-author of the study, pointed to research showing corn and soybean yields in Canada’s Ontario province, have increased since neonic-treated seeds were banned in 2017. The law nonetheless allows growers to use them when there is a “demonstrated risk of a pest problem,” he said.

Similarly, New York’s law, slated to go into effect in 2029, would allow the state to grant waivers to growers who can show they would face pest threats without neonic-treated seeds. The law also would require growers to complete training in integrated pest management.

Vermont’s bill is modeled on New York’s, and even includes a provision that says the treated seed restrictions won’t go into effect until New York’s law does. 

Vermont’s House and Senate have both passed the bill overwhelmingly, suggesting that lawmakers could override a veto if Republican Gov. Phil Scott were to veto it the bill.

In the state House, Rep. Heather Surprenant, a farmer, explained her vote in favor of the legislation by saying that opponents were underestimating farmers’ ability to adapt.

“I voted yes to ensure my future in this industry,” she said.

The American Seed Trade Association cites research by AgInfomatics that found, without seed treatment, “U.S. cropped land would need to increase between 340,000 and 410,000 acres to offset losses in yield and quality, much of which would come from the Conservation Reserve Program, environmentally sensitive land established to preserve water, soil and wildlife.”

Others in the industry also are worried about the impacts on agriculture. Addressing the “pest pressure” issue, Syngenta’s Mitchell said many farmers use the seeds “prophylactically.”

Steve Dwinell, director of public health and the agricultural resource management division in the Vermont Department of Agriculture, said he is concerned about whether there will be enough non-treated seed for growers and about how growers will control pests without them.

“The pest problems have not gone away,” he said. “So if the pests can’t be controlled with the insecticide that’s on the seed, then there’s the possibility that the growers are going to have to use other pesticides to control the pests, which may have a bigger impact on the bees.”

He also points to the Vermont’s continuing loss of farmland. The 1974 Census of Agriculture showed about 1.67 million acres of farmland; the 2022 census shows 1.17 million acres.

“My concern about the restrictions on the use of the seed is that they may increase the production costs, or reduce the ability to produce enough crop,” he says. “And these farms will be under more economic pressure, and then we’ll lose more farms, and then we’ll have fewer resources for pollinators.” 

David Degolyer, an agronomist in upstate New York, said the way neonic-treated seeds are applied –  in minimal amounts, with precision and at the right time – helps ensure that there is minimal impact to the environment.

He also said that technology such as deflectors is highly effective at preventing dust from being kicked up into the air and spreading beyond the fields.

Degolyer says there is a “legitimate concern” about off-site movement of dust during planting, but that “most of the new planters have that taken care of.” For older planters, he advises, “Just purchase the deflectors. That solves the issue.”

He adds that he’s worried farmers will have to use tillage to bury eggs of seed corn maggots, which are especially fond of organic material such as compost as well as manure, a commodity in ample supply in dairy-rich Vermont.

“The seed corn maggot could be a really huge problem,” he says. “They fly in, they look for cover crops, they look for winter annuals like chickweed” to lay their eggs and start feeding on seeds, he said.

Elson Shields, a retired Cornell entomology professor, has written that “the frequent use of animal manures and cover crops known as green manure crops increases the attractiveness of the fields” to seed corn maggots.

Richard Nelson, a Vermont dairy farmer and corn grower who opposes the bill, says without neonic seeds, farmers would have to turn to older chemistries.

“We can use other stuff in-furrow,” he says. However, he adds, “It’s nasty, and it’s going to have the same effects.” 

He and Syngenta’s Mitchell also warn that laws restricting neonic-coated seeds would result in a lack of available seeds.

“The supply chain is pretty complicated.” Mitchell said, making it difficult to start creating specialized seed for different markets.

Mitchell also points to recent recommendations from the state’s Agricultural Innovation Board that focused on research and education on neonics.

“The board recommends actions to further understand the issues within Vermont, help educate growers about practices to limit pest pressure or reduce non-target exposure, and promote ongoing or planned research,” the AIB’s January report on neonics said.

Dwinell says farmers and beekeepers need to communicate to ensure pesticides are not harming bees. “The folks who grow apples or blueberries or vegetables are very careful about when and where they apply pesticides to avoid harming bees,” he said.

Nelson says he believes it’s unlikely that seed companies will adjust to demand just because of laws in New York and Vermont. Together the two states make up a fraction of the corn acres in the U.S. – about 1 million out of about 90 million. 

“I’m starting to feel like Davy Crockett in in the Alamo,” said Nelson, who added that he plans to run for the legislature. 

“I’m filling out the paperwork right now,” he said May 6.

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