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HF 1678

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2023 01:07pm

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

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A bill for an act
 relating to agriculture; modifying genetically engineered organisms provisions;
amending Minnesota Statutes 2022, sections 18F.01; 18F.02, by adding
subdivisions; 18F.07; 18F.13; repealing Minnesota Statutes 2022, sections 18F.02,
subdivisions 2, 9; 18F.12.

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

Section 1.

Minnesota Statutes 2022, section 18F.01, is amended to read:


18F.01 PURPOSE.

The purpose of sections 18F.01 to 18F.13 is to establish deleted text begin permitsdeleted text end new text begin conditionsnew text end for the release
of certain genetically engineered agriculturally related organisms to protect humans and the
environment from the potential for significant adverse effects of those releases.

Sec. 2.

Minnesota Statutes 2022, section 18F.02, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Coordinated Framework. new text end

new text begin "Coordinated Framework" means the federal
Coordinated Framework for the Regulation of Biotechnology set forth in Federal Register,
volume 51, pages 23,302 to 23,350 (June 26, 1986), as amended.
 new text end

Sec. 3.

Minnesota Statutes 2022, section 18F.02, is amended by adding a subdivision to
read:


new text begin Subd. 7a. new text end

new text begin Regulated organism. new text end

new text begin "Regulated organism" means a genetically engineered
organism that is not exempt from federal regulations or that is not yet authorized for
commercial use by the appropriate federal agency in the Coordinated Framework.
 new text end

Sec. 4.

Minnesota Statutes 2022, section 18F.07, is amended to read:


18F.07 GENETICALLY ENGINEERED AGRICULTURALLY RELATED
ORGANISM PERMIT.

Subdivision 1.

Requirement.

A person may not conduct a release of a genetically
engineered agriculturally related organism until a permit for the release has been obtained
from the deleted text begin commissionerdeleted text end new text begin United States Department of Agriculture (USDA) or Environmental
Protection Agency (EPA) or an agency in the Coordinated Framework has determined that
the organism is exempt from regulation. The commissioner may accept a USDA or EPA
permit or may review a USDA or EPA permit and add additional requirements to ensure
that the proposed release of a genetically engineered agriculturally related organism would
not create a hazard to the agricultural, forest, or horticultural interests of this state or the
state's general environmental qualitynew text end . Each release of a genetically engineered agriculturally
related organism requires a new permit until the deleted text begin commissionerdeleted text end new text begin USDA or the EPA new text end determines
deleted text begin by ruledeleted text end that the proposed use of the new text begin genetically engineered new text end agriculturally related organism
is no longer subject to regulation deleted text begin under this chapterdeleted text end .

Subd. 2.

Permit deleted text begin application anddeleted text end review.

(a) deleted text begin After reviewing a completed application,
the commissioner may issue a genetically engineered agriculturally related organism permit
if the commissioner determines that the applicant has adequately demonstrated that the
proposed release does not have the potential for unreasonable adverse effects on the
environment.deleted text end new text begin If the commissioner reviews a USDA or EPA permit, new text end the commissioner may
deleted text begin prescribedeleted text end new text begin recommendnew text end terms and conditionsnew text begin ,new text end includingdeleted text begin ,deleted text end but not limited todeleted text begin ,deleted text end the period for the
genetically engineered agriculturally related organism permit, the amount or number of
genetically engineered agriculturally related organisms to be used, monitoring activities,
department inspection schedules, reporting of experiment results, and experiment termination
procedures. deleted text begin A person may not violate terms or conditions of a permit issued under this
section.deleted text end After a genetically engineered agriculturally related organism permit is issued, the
commissioner deleted text begin may revoke or change the permit at any timedeleted text end new text begin must inform the permitting
agencynew text end if the deleted text begin commissioner finds that itsdeleted text end new text begin permitnew text end terms or conditions are being violated or
are inadequate to avoid unreasonable adverse effects on the environment.

(b) The commissioner may deleted text begin deny issuance of a genetically engineered agriculturally
related organism permit if the commissioner determines that the use to be made of the
agriculturally related organisms under the proposed terms and conditions may cause
unreasonable adverse effects on the environmentdeleted text end new text begin request that the USDA or EPA not issue
a permit if the commissioner determines that the release of the genetically engineered
agriculturally related organism would create a hazard to the agricultural, forest, or
horticultural interests of this state or the state's general environmental qualitynew text end .

new text begin (c) The commissioner shall publish a notice of the proposed release at the earliest
opportunity in the EQB Monitor and shall notify the chair of the county board and, if
applicable, the Tribal council of any reservation where the organism will be released.
 new text end

Subd. 3.

Application.

A person shall file an application for a genetically engineered
agriculturally related organism permit with the deleted text begin commissioner. The application must include:deleted text end new text begin
appropriate federal agency in the Coordinated Framework.
new text end

deleted text begin (1) the name and address of the applicant;
 deleted text end

deleted text begin (2) any United States Environmental Protection Agency, United States Department of
Agriculture, or other federal agency regulatory application or approval document, if required
under federal law or rule;
 deleted text end

deleted text begin (3) the purpose or objectives of the agriculturally related organism;
 deleted text end

deleted text begin (4) the name, address, and telephone number of cooperators or participants in this state;
 deleted text end

deleted text begin (5) the amount or number of organisms, materials, cultures, or seeds to be shipped or
used in this state; and
 deleted text end

deleted text begin (6) other information requested by the commissioner.
 deleted text end

deleted text begin Subd. 4. deleted text end

deleted text begin Application fee. deleted text end

deleted text begin An application for a permit for a genetically engineered
agriculturally related organism must be accompanied by a nonrefundable application fee
of $125.
 deleted text end

Sec. 5.

Minnesota Statutes 2022, section 18F.13, is amended to read:


18F.13 EXEMPTIONS.

deleted text begin (a)deleted text end The commissioner deleted text begin may provide exemptions to the requirements to prepare an
environmental assessment worksheet and obtain a permit for release of genetically engineered
agriculturally related organisms for which substantial evidence, including past releases, has
shown that the organism can be released without adverse effects on humans and the
environmentdeleted text end new text begin must recognize federal exemptions for the regulation of genetically engineered
organismsnew text end .

deleted text begin (b)deleted text end The commissioner deleted text begin may provide exemptions from the requirements to prepare an
environmental assessment worksheet and obtain a permit for release of genetically engineered
agriculturally related organisms for which substantial evidence, including past releases, has
shown that the organism can be released under alternative oversight without adverse effects
to humans and the environmentdeleted text end new text begin must allow the commercial use of agriculturally related
genetically engineered organisms, pesticides, fertilizers, soil amendments, or plant
amendments that have been deregulated by any federal agencynew text end .

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 18F.02, subdivisions 2 and 9; and 18F.12, new text end new text begin are repealed.
 new text end

APPENDIX

Repealed Minnesota Statutes: 23-00339

18F.02 DEFINITIONS.

Subd. 2.

Agency.

"Agency" means the Department of Agriculture.

Subd. 9.

Unreasonable adverse effects on the environment.

"Unreasonable adverse effects on the environment" means an unreasonable risk to humans or the environment, taking into account the environmental costs and benefits of the use of a genetically engineered organism.

18F.12 RULES.

The commissioner shall adopt rules governing the issuance of permits for proposed releases of genetically engineered agriculturally related organisms, experimental genetically engineered pesticides, and genetically engineered fertilizers, genetically engineered soil amendments, and genetically engineered plant amendments. The rules must include a requirement for environmental review subject to the provisions of chapter 116D and rules adopted under it. The rules must also include provisions requiring concurrent permit review for proposed releases that would require more than one permit under this chapter, chapter 18B or 18C.