HF 983

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; regulating aerial pesticide 
  1.3             application; providing penalties; amending Minnesota 
  1.4             Statutes 2000, section 18D.325, subdivision 1, and by 
  1.5             adding a subdivision; proposing coding for new law in 
  1.6             Minnesota Statutes, chapters 19; and 31. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 18D.325, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [GENERAL PENALTY.] Except as provided in 
  1.11  subdivisions 1a, 2, and 3, a person who violates this chapter, 
  1.12  chapter 18B, 18C, or 18F or a special order, standard, 
  1.13  stipulation, agreement, or schedule of compliance of the 
  1.14  commissioner is subject to a civil penalty of up to $7,500 per 
  1.15  day of violation as determined by the court. 
  1.16     Sec. 2.  Minnesota Statutes 2000, section 18D.325, is 
  1.17  amended by adding a subdivision to read: 
  1.18     Subd. 1a.  [AERIAL PESTICIDE APPLICATOR VIOLATIONS.] (a) 
  1.19  Except as provided in subdivision 3, a licensed aerial pesticide 
  1.20  applicator is prohibited from and is specifically liable for any 
  1.21  application of a pesticide by the pesticide applicator, 
  1.22  including any drift of the pesticide, on a location of high 
  1.23  sensitivity. 
  1.24     (b) "Location of high sensitivity" includes: 
  1.25     (1) an area of residences and associated lawn and garden 
  1.26  spaces, playgrounds, ballfields, play and picnic areas in parks, 
  2.1   and similar areas frequented by children or adults; 
  2.2      (2) public or private waters of the state; 
  2.3      (3) an apiary and the area immediately surrounding an 
  2.4   apiary; and 
  2.5      (4) farm or garden property managed by an owner or tenant 
  2.6   for the production of organic produce or livestock. 
  2.7      (c) A first violation of paragraph (a) on public or private 
  2.8   waters of the state is subject to a civil penalty of not less 
  2.9   than $100. 
  2.10     (d) A second or subsequent violation of paragraph (a) on 
  2.11  public or private waters of the state is subject to a civil 
  2.12  penalty of not less than $1,000. 
  2.13     (e) Violation of paragraph (a) on public or private waters 
  2.14  of the state three or more times within six months constitutes 
  2.15  grounds for the immediate suspension of the license of an aerial 
  2.16  pesticide applicator for at least six months. 
  2.17     (f) For a first violation of paragraph (a) on a location 
  2.18  identified in paragraph (b), clause (1), (3), or (4), in 
  2.19  addition to an appropriate civil penalty under subdivision 1, 
  2.20  the commissioner shall issue to the aerial applicator an 
  2.21  administrative order under section 18D.305, subdivision 1, 
  2.22  stipulating that the aerial applicator must refrain from further 
  2.23  violations.  Further, the commissioner shall determine the 
  2.24  reasonable value of damages to a person injured by the violation 
  2.25  and seek a court order requiring the aerial applicator to pay 
  2.26  the damages to the injured person. 
  2.27     (g) For a second violation of paragraph (a) on a location 
  2.28  identified in paragraph (b), clause (1), (3), or (4), within 
  2.29  three months, in addition to an appropriate civil penalty under 
  2.30  subdivision 1, the commissioner shall issue to the aerial 
  2.31  applicator an administrative order under section 18D.305, 
  2.32  subdivision 1, stipulating that the aerial applicator must not 
  2.33  apply any pesticide within one-quarter mile of any location of 
  2.34  high sensitivity as described in paragraph (b).  Further, the 
  2.35  commissioner shall determine the reasonable value of damages to 
  2.36  a person injured by the violation and seek a court order 
  3.1   requiring the aerial applicator to pay the damages to the 
  3.2   injured person. 
  3.3      (h) For a third violation of paragraph (a) on a location 
  3.4   identified in paragraph (b), clause (1), (3), or (4), within six 
  3.5   months, the commissioner shall suspend the applicator's license 
  3.6   for at least six months.  Further, the commissioner shall 
  3.7   determine the reasonable value of damages to a person injured by 
  3.8   the violation and seek a court order requiring the aerial 
  3.9   applicator to pay three times the amount of damages to the 
  3.10  injured person. 
  3.11     (i) Notwithstanding section 18D.115 or 604.02, the burden 
  3.12  of proof in a claim of damages arising under paragraphs (c) to 
  3.13  (h) is upon the aerial applicator. 
  3.14     Sec. 3.  [19.595] [PROTECTING HONEYBEES FROM AERIAL 
  3.15  APPLICATION.] 
  3.16     (a) Annually by May 1 an owner of honeybee colonies 
  3.17  registered under section 19.64, subdivision 1, may report to the 
  3.18  commissioner the location of the colonies by identifying the 
  3.19  locations on a map provided by the commissioner.  The report 
  3.20  must include the name, address, and telephone number of the 
  3.21  owner.  If an owner of honeybee colonies relocates the colonies, 
  3.22  the owner may report the relocation orally, by telephone, by 
  3.23  fax, or in writing to the commissioner within ten days after the 
  3.24  relocation.  Failure to provide notification of relocation 
  3.25  waives the rights of the owner of colonies under this section 
  3.26  and section 18D.325, subdivision 1a. 
  3.27     (b) The commissioner shall prepare maps of the location of 
  3.28  all honeybee colonies identified in the reports under paragraph 
  3.29  (a), including the name, address, and telephone number of the 
  3.30  owners.  The maps must be updated at least once each 14 days if 
  3.31  owners of registered honeybee colonies have reported relocations.
  3.32     (c) The commissioner shall provide a list of licensed 
  3.33  aerial pesticide applicators, including each applicator's name, 
  3.34  business address, and telephone number, to the owners of 
  3.35  colonies identified in the reports under paragraph (a). 
  3.36     (d) The commissioner shall provide maps prepared under 
  4.1   paragraph (b) to aerial applicators upon request.  Delivery of 
  4.2   maps to aerial applicators may be accomplished by first class 
  4.3   mail, commercial delivery service, fax, or access to an Internet 
  4.4   site. 
  4.5      (e) The commissioner may also prescribe a system by which 
  4.6   owners of honeybee colonies, aerial pesticide applicators, 
  4.7   county extension agents, and other interested parties may be 
  4.8   advised of the location of registered honeybee colonies reported 
  4.9   under paragraph (a). 
  4.10     Sec. 4.  [31.97] [PROTECTION FROM AERIAL APPLICATION.] 
  4.11     (a) Annually by March 1, an owner of property used for the 
  4.12  production of organic produce or livestock may report to the 
  4.13  commissioner the location of the property by identifying the 
  4.14  property's location on a map provided by the commissioner.  The 
  4.15  report must include the name, address, and telephone number of 
  4.16  the producer. 
  4.17     (b) The commissioner shall prepare maps of the location of 
  4.18  all property identified in the reports under paragraph (a), 
  4.19  including the name, address, and telephone number of the owners. 
  4.20     (c) The commissioner shall provide a list of licensed 
  4.21  aerial pesticide applicators, including each applicator's name, 
  4.22  business address, and telephone number, to the owners of 
  4.23  properties identified in the reports under paragraph (a). 
  4.24     (d) The commissioner shall provide maps prepared under 
  4.25  paragraph (b) to aerial applicators upon request.  Delivery of 
  4.26  maps to aerial applicators may be accomplished by first class 
  4.27  mail, commercial delivery service, fax, or access to an Internet 
  4.28  site.