HF 1122

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 05/02/2011 03:11pm

A bill for an act
relating to agriculture; clarifying the authority for regulating certain pesticide
applications; amending Minnesota Statutes 2010, sections 18B.03, subdivision 1,
as amended; 115.03, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 18B.03, subdivision 1, as amended by
Laws 2011, chapter 14, section 7, is amended to read:

Subdivision 1.

Administration by commissioner.

The commissioner shall
administer, implement, and enforce this chapter and the Department of Agriculture
is the lead state agency for the regulation of pesticides. The commissioner has the
sole regulatory authority over the terrestrial application of pesticides, including, but
not limited to, the application of pesticides to agricultural crops, structures, and other
nonaquatic environments. new text begin Except as provided in subdivision 3, a state agency other than
the Department of Agriculture shall not regulate or require permits for the terrestrial or
nonaquatic application of pesticides.
new text end

Sec. 2.

Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision to
read:

new text begin Subd. 11. new text end

new text begin Aquatic application of pesticides. new text end

new text begin (a) The agency may issue National
Pollutant Discharge Elimination System permits for pesticide applications to waters of the
United States that are required by federal law or rule. The agency shall not require permits
for aquatic pesticide applications beyond what is required by federal law or rule.
new text end

new text begin (b) The agency shall not regulate or require permits for the terrestrial application
of pesticides.
new text end