Governor Gavin Newsom on Sunday signed into law AB-1042, a bill requiring that seeds treated with pesticides must be labeled with their chemical components in order to be sold in the state. Proper labeling of agricultural pesticides means that farmers will have clear information about any substance that could be poisonous to people and wild birds. The bill from Assemblymembers Rebecca Bauer-Kahan and Ash Kalra was cosponsored by American Bird Conservancy (ABC), Environment California, and NRDC.

"ABC is proud to cosponsor this important legislation, a visionary bill that will provide transparency for growers, better data for regulators, and be a protective force for declining birds across California,” said Hardy Kern, ABC's Director of Government Relations, Pesticides and Birds Campaign. “Loopholes in federal law make it nearly impossible to know which chemicals are used as seed coatings, despite these treatments being the most voluminous use of harmful insecticides like neonicotinoids. AB-1042 will provide better information by changing the way seeds are labeled in California."

Treated seeds are one of many threats impacting migratory and resident birds in California, such as the Least Bell's Vireo, California Towhee, and White-crowned Sparrow. Toxins in unregulated amounts are used to coat seeds before planting, contaminating fields, soil, and water. While birds are especially vulnerable to the effects of exposure to seeds treated with neonicotinoids, humans can experience health effects as well as the chemicals leaching into soil and groundwater. Prior to this bill, seeds treated with neonics did not have to list specific chemical and toxicity levels.

“I am so pleased that Governor Newsom has signed AB-1042,” said Assemblymember Bauer-Kahan. “Consumers of seeds deserve to make informed decisions about the products they grow and sell. AB-1042 corrects a loophole that left the public in the dark. It also enables us to better understand the environmental impact of the seeds, so we can ensure safe communities.”

Infamous for their role in contributing to the collapse of honey bee colonies and recently found to be a major factor driving butterfly population declines across the Midwest, neonics are water soluble, systemic insecticides that are absorbed by plants and render the entire plant toxic. According to researchers, neonics are lethal to birds and dangerous to the aquatic systems on which birds depend. A single seed coated with neonics is enough to kill a songbird, and the chemicals are also lethal to many terrestrial and aquatic invertebrates that provide critical food sources for birds and other wildlife.

“We don't need to ban all chemicals, just the ones causing the most harm,” said Kern. “We have the research to know which pesticides are driving the devastating loss of birds. We also have alternatives that can help protect crop yields without causing lasting harm to animals or people.”

"AB-1042 is an important step in protecting birds and the habitats they need to thrive,” said Binta Dixon, ABC's Targeted Advocacy Coordinator for the Western Region. “Thanks to Assemblymembers Bauer-Kahan's and Kalra's leadership, the community's action, and Governor Newsom's support, we will now know what chemicals are included in treated seeds so everyone can make more informed decisions for their health and the health of our bird populations." 

The new law goes into effect on January 1, 2027. 

This win marks an important step towards a safer environment for birds and people in California. Whether advocating in individual states or with the federal government, writing technical comments, submitting long legal briefs, or educating lawmakers, ABC will continue to take action for birds across the Americas. 

Growers interested in getting funding for trying different approaches to producing crops without the use of neonic-coated seeds are encouraged to apply to ABC's Untreated Seed Pilot Program. For more information, please contact untreatedseedprogram@abcbirds.org.

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American Bird Conservancy is a nonprofit organization dedicated to conserving wild birds and their habitats throughout the Americas. With an emphasis on achieving results and working in partnership, we take on the greatest problems facing birds today, innovating and building on rapid advancements in science to halt extinctions, protect habitats, eliminate threats, and build capacity for bird conservation. Find us on abcbirds.org, Facebook, Instagram, and X/Twitter (@ABCbirds).

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