California department reaches legal agreement over pesticide rules

OAKLAND, Calif. (CN) — Environmental groups that sued California over pesticide-treated seeds have reached an agreement with the state over their use.

The organizations that sued, which include the Natural Resources Defense Council, Californians for Pesticide Reform and the Center for Biological Diversity, sought to close a legal loophole. That loophole allowed farmers to use crop seeds coated with pesticides, called “treated seeds,” without adhering to conventional pesticide regulations.

Treated seeds are used to prevent crops from facing damage from disease or insects. However, they’ve been coated with pesticide. The center said certain pesticides are neurotoxic and negatively affect prenatal development, as well as damage ecosystems.

The agreement reached this week in Alameda County Superior Court will lead the state Department of Pesticide Regulation to create regulations for pesticide-treated seeds by Feb. 2, 2026. Finalized regulations would happen the next year.

“California often leads the nation in protecting people and the environment from toxins,” said Dan Raichel, director of the pollinators and pesticides team at the defense council, in a statement. “So it’s about time that it does the same with pesticide-coated seeds planted across hundreds of thousands of acres statewide. This settlement is a major step in steering the state toward a healthier future, and we look forward to continuing to engage with [the department] on this crucial issue.”

The state’s pesticide regulation department in a statement to Courthouse News said rulemakers will address a handful of issues as they devise the new regulations. The rules will examine the department’s power over mitigating environmental and human health impacts caused by pesticide products. Also, they’ll determine whether treated seeds sold, used or delivered in the state must be treated only with pesticides registered with the department.

Additionally, the department noted that state law doesn’t require any reporting of the use and sale of pesticide-treated seeds. It intends to work with the state Department of Food and Agriculture on refining those rules.

“Pesticides don’t just stay on seeds,” said Jonathan Evans, environmental health legal director at the Center for Biological Diversity, in a statement. “They end up contaminating soils, waterways and wildlife. Treated seeds are one of the biggest sources of pesticides and officials need to step in to better protect California residents, wildlife and the environment.”

The Center for Biological Diversity in a statement pointed to neonicotinoids, called neonics, that are neurotoxic and often used to treat seeds. They also threaten human health. Neonics have been found in over 95% of pregnant women tested nationwide — worrying data, as prenatal exposure has been connected to developmental and reproductive issues.

According to the center, neonics are pervasive, ecologically destructive and a main driver of bee and other pollinator declines. In addition to damaging aquatic ecosystems, they also negatively impact soil health. Neonics have been linked to birth defects in white-tailed deer.

Margaret Reeves, senior scientist at Pesticide Action Network North America, praised the legal agreement in a statement.

“We are pleased that [the department] finally made the right decision on this, especially given the fact that internationally many countries already report seed treatment use of pesticides while the U.S. does not,” Reeves said. “May California once again lead the rest of the country as we catch up with other countries on this important use of pesticides and route of pesticide exposure.”

Some state lawmakers sought to address pesticide-treated seeds over this past legislative session.

A bill passed into law this year will require labels stating the chemical ingredients of pesticide-treated seeds. The author of Assembly Bill 1042 — Assemblymember Rebecca Bauer-Kahan, an Orinda Democrat — has said the new law increases transparency and helps mitigate environmental and health risks.