Minnesota Legislature
HF 1997
1st Committee Engrossment - 85th Legislature (2007 - 2008) Posted on 12/22/2009 12:38pm
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - 1st Committee Engrossment
1.2relating to health; authorizing the Department of Health to review registrations
1.3and assess the public health risks of carcinogenic and endocrine-disrupting
1.4pesticides and high-potency nervous system toxins;proposing coding for new
1.5law in Minnesota Statutes, chapter 144.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [144.0711] REGISTRATION AND CONTROL OF CARCINOGENIC
1.8AND ENDOCRINE-DISRUPTING PESTICIDES AND NERVOUS SYSTEM
1.9TOXIN PESTICIDES.
1.10 Subdivision 1. Definitions. (a) "Pesticide" has the meaning given in section 18B.01,
1.11subdivision 18.
1.12 (b) "Probable carcinogenic pesticide" means a pesticide that has been identified by
1.13the United States Environmental Protection Agency as a probable carcinogen.
1.14 (c) "Known carcinogenic pesticide" means a pesticide that has been identified by the
1.15United States Environmental Protection Agency as a known carcinogen.
1.16 (d) "Endocrine-disrupting pesticide" means a pesticide that has been identified by
1.17the commissioner of health as interfering with, altering, or mimicking hormones or the
1.18functioning of hormones in living beings.
1.19(e) "High-potency nervous system toxin" means a pesticide that acts on the
1.20mammalian nervous system and is classified by the United States Environmental
1.21Protection Agency as Toxicity Class I or Class II based on lethal dose in mammals.
1.22 Subd. 2. Authority. (a) The commissioner of health shall review all pesticide
1.23registration applications filed with the commissioner of agriculture for known and probable
1.24carcinogenic pesticides, endocrine-disrupting pesticides, and high-potency nervous system
1.25toxins, and may review other pesticides if there is scientific evidence of increased risk to
2.1public health and safety. The commissioner of health has final authority on whether those
2.2pesticides may be registered for use in this state and on any restrictions that may be placed
2.3on pesticide use. This authority and obligation may not be waived. The commissioner of
2.4health shall consider the criteria in this paragraph and the factors in subdivision 3, and
2.5shall place restrictions, deny registration or registration renewal, or cancel registration as
2.6necessary to ensure that pesticides are not registered for uses other than those where the
2.7commissioner of health determines that public health benefits outweigh the risk of harm to
2.8public health, including, but not limited to, the risk of cancer, chemical castration, or harm
2.9to fetal development, especially considering vulnerable populations, such as children,
2.10the elderly, and women of childbearing age. The commissioner of health shall consider
2.11whether the pesticide is needed for disease control or use in hospitals or other health care
2.12facilities, and whether there are any alternatives to the use of pesticides.
2.13 (b) The commissioner of health may request additional information from the
2.14applicant as the commissioner considers necessary.
2.15 (c) Pesticide registration applications must continue to be filed on an annual
2.16basis with the commissioner of agriculture. For known or probable carcinogenic
2.17pesticides, endocrine-disrupting pesticides, and high-potency nervous system toxins, the
2.18commissioner of agriculture shall forward copies of the applications to the commissioner
2.19of health immediately for review and registration determination.
2.20 (d) The authority given the commissioner of health in this section may be delegated
2.21to designated employees within the Department of Health, but not to any other government
2.22agency or its employees.
2.23 Subd. 3. Factors for registration determinations. The commissioner of health
2.24shall consider the following factors in restriction and registration determinations:
2.25 (1) presence in groundwater;
2.26 (2) presence in surface water that is classified as a drinking water source;
2.27 (3) actions against or agreements or stipulations with pesticide manufacturers on
2.28particular pesticides by the United States Environmental Protection Agency; and
2.29 (4) limitations on the use of the pesticide in other jurisdictions.
2.30EFFECTIVE DATE.This section is effective the day following final enactment.
1.3and assess the public health risks of carcinogenic and endocrine-disrupting
1.4pesticides and high-potency nervous system toxins;proposing coding for new
1.5law in Minnesota Statutes, chapter 144.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. [144.0711] REGISTRATION AND CONTROL OF CARCINOGENIC
1.8AND ENDOCRINE-DISRUPTING PESTICIDES AND NERVOUS SYSTEM
1.9TOXIN PESTICIDES.
1.10 Subdivision 1. Definitions. (a) "Pesticide" has the meaning given in section 18B.01,
1.11subdivision 18.
1.12 (b) "Probable carcinogenic pesticide" means a pesticide that has been identified by
1.13the United States Environmental Protection Agency as a probable carcinogen.
1.14 (c) "Known carcinogenic pesticide" means a pesticide that has been identified by the
1.15United States Environmental Protection Agency as a known carcinogen.
1.16 (d) "Endocrine-disrupting pesticide" means a pesticide that has been identified by
1.17the commissioner of health as interfering with, altering, or mimicking hormones or the
1.18functioning of hormones in living beings.
1.19(e) "High-potency nervous system toxin" means a pesticide that acts on the
1.20mammalian nervous system and is classified by the United States Environmental
1.21Protection Agency as Toxicity Class I or Class II based on lethal dose in mammals.
1.22 Subd. 2. Authority. (a) The commissioner of health shall review all pesticide
1.23registration applications filed with the commissioner of agriculture for known and probable
1.24carcinogenic pesticides, endocrine-disrupting pesticides, and high-potency nervous system
1.25toxins, and may review other pesticides if there is scientific evidence of increased risk to
2.1public health and safety. The commissioner of health has final authority on whether those
2.2pesticides may be registered for use in this state and on any restrictions that may be placed
2.3on pesticide use. This authority and obligation may not be waived. The commissioner of
2.4health shall consider the criteria in this paragraph and the factors in subdivision 3, and
2.5shall place restrictions, deny registration or registration renewal, or cancel registration as
2.6necessary to ensure that pesticides are not registered for uses other than those where the
2.7commissioner of health determines that public health benefits outweigh the risk of harm to
2.8public health, including, but not limited to, the risk of cancer, chemical castration, or harm
2.9to fetal development, especially considering vulnerable populations, such as children,
2.10the elderly, and women of childbearing age. The commissioner of health shall consider
2.11whether the pesticide is needed for disease control or use in hospitals or other health care
2.12facilities, and whether there are any alternatives to the use of pesticides.
2.13 (b) The commissioner of health may request additional information from the
2.14applicant as the commissioner considers necessary.
2.15 (c) Pesticide registration applications must continue to be filed on an annual
2.16basis with the commissioner of agriculture. For known or probable carcinogenic
2.17pesticides, endocrine-disrupting pesticides, and high-potency nervous system toxins, the
2.18commissioner of agriculture shall forward copies of the applications to the commissioner
2.19of health immediately for review and registration determination.
2.20 (d) The authority given the commissioner of health in this section may be delegated
2.21to designated employees within the Department of Health, but not to any other government
2.22agency or its employees.
2.23 Subd. 3. Factors for registration determinations. The commissioner of health
2.24shall consider the following factors in restriction and registration determinations:
2.25 (1) presence in groundwater;
2.26 (2) presence in surface water that is classified as a drinking water source;
2.27 (3) actions against or agreements or stipulations with pesticide manufacturers on
2.28particular pesticides by the United States Environmental Protection Agency; and
2.29 (4) limitations on the use of the pesticide in other jurisdictions.
2.30EFFECTIVE DATE.This section is effective the day following final enactment.