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SF 1130

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/03/2023 10:17am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to agriculture; prohibiting false labeling of certain pesticide-treated plants
as pollinator friendly; amending Minnesota Statutes 2022, section 18H.14.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 18H.14, is amended to read:


18H.14 LABELING AND ADVERTISING OF NURSERY STOCK.

(a) Plants, plant materials, or nursery stock must not be labeled or advertised with false
or misleading information including, but not limited to, scientific name, variety, place of
origin, hardiness zone as defined by the United States Department of Agriculture, and growth
habit.

(b) All nonhardy nursery stock as designated by the commissioner must be labeled
correctly for hardiness or be labeled "nonhardy" in Minnesota.

(c) A person may not offer for distribution plants, plant materials, or nursery stock,
represented by some specific or special form of notation, including, but not limited to, "free
from" or "grown free of," unless the plants are produced under a specific program approved
by the commissioner to address the specific plant properties addressed in the special notation
claim.

(d) Nursery stock collected from the wild state must be inspected and certified prior to
sale and at the time of sale must be labeled "Collected from the Wild." The label must remain
on each plant or clump of plants while it is offered for sale and during the distribution
process. The collected stock may be grown in nursery rows at least two years, after which
the plants may be sold without the labeling required by this paragraph.

(e) A person deleted text begin selling at retail or providing to an end userdeleted text end may not label or advertise an
annual plant, bedding plant, or other plant, plant material, or nursery stock as beneficial to
pollinators if the annual plant, bedding plant, plant material, or nursery stock hasdeleted text begin :
deleted text end

deleted text begin (1)deleted text end been treated with new text begin and has a detectable level of new text end a systemic insecticide that:

deleted text begin (i)deleted text end new text begin (1)new text end has a pollinator protection box on the label; or

deleted text begin (ii)deleted text end new text begin (2)new text end has a pollinator, bee, or honey bee precautionary statement in the environmental
hazards section of the insecticide product labeldeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (2) a concentration in its flowers greater than the no observed adverse effect level of a
systemic insecticide.
 deleted text end

The commissioner shall enforce this paragraph as provided in chapter 18J.

(f) For the purposes of paragraph (e)deleted text begin :deleted text end new text begin ,
new text end

deleted text begin (1)deleted text end "systemic insecticide" means an insecticide that is both absorbed by the plant and
translocated through the plant's vascular systemdeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (2) "no observed adverse effect level" means the level established by the United States
Environmental Protection Agency for acute oral toxicity for adult honeybees.
 deleted text end