HF 2049

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; changing pesticide 
  1.3             registration and aquatic pest control licensing 
  1.4             provisions; clarifying a fertilizer reporting 
  1.5             requirement; repealing obsolete rules; amending 
  1.6             Minnesota Statutes 1998, sections 18B.26, subdivisions 
  1.7             1, 3, and 6; 18B.315, subdivisions 3, 4, and 6; and 
  1.8             18C.421, subdivision 1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 18B.26, 
  1.11  subdivision 1, is amended to read: 
  1.12     Subdivision 1.  [REQUIREMENT.] (a) A person may not use or 
  1.13  distribute a pesticide in this state unless it is registered 
  1.14  with the commissioner.  Pesticide registrations expire on 
  1.15  December 31 of each year and may be renewed on or before that 
  1.16  date for the following calendar year.  Registration of each 
  1.17  pesticide expires on December 31.  Beginning on January 1, 2001, 
  1.18  each company whose company name begins with a letter from A to M 
  1.19  shall be registered for two years.  Each company whose company 
  1.20  name begins with a letter from N to Z shall be registered for 
  1.21  one year and shall pay one-half the minimum fee for each 
  1.22  registered pesticide.  Each subsequent registration is for two 
  1.23  years. 
  1.24     (b) Registration is not required if a pesticide is shipped 
  1.25  from one plant or warehouse to another plant or warehouse 
  1.26  operated by the same person and used solely at the plant or 
  1.27  warehouse as an ingredient in the formulation of a pesticide 
  2.1   that is registered under this chapter. 
  2.2      (c) An unregistered pesticide that was previously 
  2.3   registered with the commissioner may be used for a period of two 
  2.4   years following the cancellation of the registration of the 
  2.5   pesticide, unless the commissioner determines that the continued 
  2.6   use of the pesticide would cause unreasonable adverse effects on 
  2.7   the environment, or with the written permission of the 
  2.8   commissioner.  To use the unregistered pesticide at any time 
  2.9   after the two-year period, the pesticide end user must 
  2.10  demonstrate to the satisfaction of the commissioner, if 
  2.11  requested, that the pesticide has been continuously registered 
  2.12  under a different brand name or by a different manufacturer and 
  2.13  has similar composition, or, the pesticide end user obtains the 
  2.14  written permission of the commissioner.  
  2.15     (d) Each pesticide with a unique United States 
  2.16  Environmental Protection Agency pesticide registration number or 
  2.17  a unique brand name must be registered with the commissioner. 
  2.18     Sec. 2.  Minnesota Statutes 1998, section 18B.26, 
  2.19  subdivision 3, is amended to read: 
  2.20     Subd. 3.  [APPLICATION FEE.] (a) A registrant shall pay an 
  2.21  annual a biennial application fee for each pesticide to be 
  2.22  registered, and this fee is set at one-tenth of one percent for 
  2.23  calendar year 1990, at one-fifth of one percent for calendar 
  2.24  year 1991, and at two-fifths of one percent for calendar year 
  2.25  1992 and thereafter of two-fifths of one percent of annual gross 
  2.26  sales within the state and annual gross sales of pesticides used 
  2.27  in the state, with a minimum nonrefundable fee of $250 $500 per 
  2.28  registration period.  The fee for a new product registered any 
  2.29  time during the first year of the registration period must be 
  2.30  the minimum.  The fee for a new product registered during the 
  2.31  second year of a company's registration period must be one-half 
  2.32  of the minimum.  The registrant shall determine when and which 
  2.33  pesticides are sold or used in this state.  The registrant shall 
  2.34  secure sufficient sales information of pesticides distributed 
  2.35  into this state from distributors and dealers, regardless of 
  2.36  distributor location, to make a determination.  Sales of 
  3.1   pesticides in this state and sales of pesticides for use in this 
  3.2   state by out-of-state distributors are not exempt and must be 
  3.3   included in the registrant's annual report, as required under 
  3.4   paragraph (c), and fees shall be paid by the registrant based 
  3.5   upon those reported sales.  Sales of pesticides in the state for 
  3.6   use outside of the state are exempt from the application fee in 
  3.7   this paragraph if the registrant properly documents the sale 
  3.8   location and distributors.  A registrant paying more than the 
  3.9   minimum fee shall pay the balance due by March 1 based on the 
  3.10  gross sales of the pesticide by the registrant for the preceding 
  3.11  calendar year.  The fee for disinfectants and sanitizers shall 
  3.12  be the minimum.  The minimum fee is due by December 31 preceding 
  3.13  the first year of the two-year period for which the application 
  3.14  for registration is made.  Of the amount collected after 
  3.15  calendar year 1990, at least $600,000 per fiscal year must be 
  3.16  credited to the waste pesticide account under section 18B.065, 
  3.17  subdivision 5. 
  3.18     (b) An additional fee of $100 must be paid by the applicant 
  3.19  for each pesticide to be registered if the application is a 
  3.20  renewal application that is submitted after December 31. 
  3.21     (c) A registrant must annually report to the commissioner 
  3.22  the amount and type of each registered pesticide sold, offered 
  3.23  for sale, or otherwise distributed in the state.  The report 
  3.24  shall be filed by March 1 for the previous year's registration.  
  3.25  The commissioner shall specify the form of the report and 
  3.26  require additional information deemed necessary to determine the 
  3.27  amount and type of pesticides annually distributed in the 
  3.28  state.  The information required shall include the brand name, 
  3.29  amount, and formulation of each pesticide sold, offered for 
  3.30  sale, or otherwise distributed in the state, but the information 
  3.31  collected, if made public, shall be reported in a manner which 
  3.32  does not identify a specific brand name in the report. 
  3.33     Sec. 3.  Minnesota Statutes 1998, section 18B.26, 
  3.34  subdivision 6, is amended to read: 
  3.35     Subd. 6.  [DISCONTINUANCE OF REGISTRATION.] To ensure 
  3.36  complete withdrawal from distribution or further use of a 
  4.1   pesticide, a person who intends to discontinue a pesticide 
  4.2   registration must:  
  4.3      (1) terminate a further distribution within the state and 
  4.4   continue to register the pesticide annually for two successive 
  4.5   years.  If the second year of discontinuation of a product falls 
  4.6   on the first year of a company's registration period, the fee 
  4.7   must be one-half of the minimum; 
  4.8      (2) initiate and complete a total recall of the pesticide 
  4.9   from all distribution in the state within 60 days from the date 
  4.10  of notification to the commissioner of intent to discontinue 
  4.11  registration; or 
  4.12     (3) submit to the commissioner evidence adequate to 
  4.13  document that no distribution of the registered pesticide has 
  4.14  occurred in the state.  
  4.15     Sec. 4.  Minnesota Statutes 1998, section 18B.315, 
  4.16  subdivision 3, is amended to read: 
  4.17     Subd. 3.  [APPLICATION.] (a) A person must apply to the 
  4.18  commissioner for an aquatic pest control license on forms and in 
  4.19  a manner required by the commissioner.  The commissioner shall 
  4.20  require the applicant to pass a written, closed-book, monitored 
  4.21  examination or oral examination, or both, and may also require a 
  4.22  practical demonstration regarding aquatic pest control.  The 
  4.23  commissioner shall establish the examination procedure, 
  4.24  including the phases and contents of the examination. 
  4.25     (b) The commissioner may license a person as a master under 
  4.26  an aquatic pest control license if the person has the necessary 
  4.27  qualifications through knowledge and experience to properly 
  4.28  plan, determine, and supervise the selection and application of 
  4.29  pesticides in aquatic pest control.  To demonstrate the 
  4.30  qualifications and become licensed as a master under the aquatic 
  4.31  pest control license, a person must: 
  4.32     (1) pass a closed-book test administered by the 
  4.33  commissioner; 
  4.34     (2) have direct experience as a licensed journeyman under 
  4.35  an aquatic pest control license for at least two years by this 
  4.36  state or a state with equivalent certification requirements, or 
  5.1   have at least 1,600 hours of qualifying experience in the 
  5.2   previous four years as determined by the commissioner; and 
  5.3      (3) show practical knowledge and field experience under 
  5.4   clause (2) in the actual selection and application of pesticides 
  5.5   under varying conditions. 
  5.6      (c) The commissioner may license a person as a journeyman 
  5.7   under an aquatic pest control license if the person: 
  5.8      (1) has the necessary qualifications in the practical 
  5.9   selection and application of pesticides; 
  5.10     (2) has passed a closed-book examination given by the 
  5.11  commissioner; and 
  5.12     (3) is engaged as an employee of or is working under the 
  5.13  direction of a person licensed as a master under an aquatic pest 
  5.14  control license. 
  5.15     Sec. 5.  Minnesota Statutes 1998, section 18B.315, 
  5.16  subdivision 4, is amended to read: 
  5.17     Subd. 4.  [RENEWAL.] (a) An aquatic pest control applicator 
  5.18  license may be renewed on or before the expiration of an 
  5.19  existing license subject to reexamination, attendance at 
  5.20  workshops approved by the commissioner, or other requirements 
  5.21  imposed by the commissioner to provide the applicator with 
  5.22  information regarding changing technology and to help assure a 
  5.23  continuing level of competency and ability to use pesticides 
  5.24  safely and properly.  The commissioner may require an additional 
  5.25  demonstration of applicator qualification if the applicator has 
  5.26  had a license suspended or revoked or has otherwise had a 
  5.27  history of violations of this chapter. 
  5.28     (b) If a person fails to renew an aquatic pest control 
  5.29  license within three 12 months of its expiration, the person 
  5.30  must obtain an aquatic pest control license subject to the 
  5.31  requirements, procedures, and fees required for an initial 
  5.32  license. 
  5.33     Sec. 6.  Minnesota Statutes 1998, section 18B.315, 
  5.34  subdivision 6, is amended to read: 
  5.35     Subd. 6.  [FEES.] (a) An applicant for an aquatic pest 
  5.36  control license for a business must pay a nonrefundable 
  6.1   application fee of $100.  An employee of a licensed business 
  6.2   must pay a nonrefundable application fee of $50 for an 
  6.3   individual aquatic pest control license. 
  6.4      (b) An application received after expiration of the aquatic 
  6.5   pest control license March 1 in the year for which the license 
  6.6   is to be issued is subject to a penalty of 50 percent of the 
  6.7   application fee. 
  6.8      (c) An applicant that meets renewal requirements by 
  6.9   reexamination instead of attending workshops must pay the 
  6.10  equivalent workshop fee for the reexamination as determined by 
  6.11  the commissioner. 
  6.12     Sec. 7.  Minnesota Statutes 1998, section 18C.421, 
  6.13  subdivision 1, is amended to read: 
  6.14     Subdivision 1.  [SEMIANNUAL STATEMENT.] (a) Each licensed 
  6.15  distributor of fertilizer and each registrant of a specialty 
  6.16  fertilizer, soil amendment, or plant amendment must file a 
  6.17  semiannual statement for the periods ending December 31 and June 
  6.18  30 with the commissioner on forms furnished by the commissioner 
  6.19  stating the number of net tons and grade of each raw fertilizer 
  6.20  material distributed or the number of net tons of each brand or 
  6.21  grade of fertilizer, soil amendment, or plant amendment 
  6.22  distributed in this state during the reporting period. 
  6.23     (b) Tonnage reports are not required to be filed with the 
  6.24  commissioner from licensees who distribute fertilizer solely by 
  6.25  custom application. 
  6.26     (c) A report from a licensee who sells to an ultimate 
  6.27  consumer must be accompanied by records or invoice copies 
  6.28  indicating the name of the distributor who paid the inspection 
  6.29  fee, the net tons received, and the grade or brand name of the 
  6.30  products received.  
  6.31     (c) (d) The report is due on or before the last day of the 
  6.32  month following the close of each reporting period of each 
  6.33  calendar year.  
  6.34     (d) (e) The inspection fee at the rate stated in section 
  6.35  18C.425, subdivision 6, must accompany the statement.