HF 2342

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:03am

A bill for an act
relating to pesticide; allowing local governments to adopt pesticide application
ordinances; amending Minnesota Statutes 2008, sections 18B.02; 18B.09,
subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2008, section 18B.02, is amended to read:

18B.02 PREEMPTION OF LOCAL LAW.

Except as specifically provided in this chapter, the provisions of this chapter
preempt ordinances by local governments that prohibit or regulate any matter relating to
the registration, labeling, distribution, sale, handling, deleted text begin use, application, deleted text end or disposal of
pesticides. It is not the intent of this section to preempt local responsibilities for zoning,
fire codes, or hazardous waste disposal. new text begin A local unit of government may adopt and enforce
an ordinance pertaining to the application or other use of pesticide that may include, but
need not be limited to, the warning sign requirements in section 18B.09.
new text end

Sec. 2.

Minnesota Statutes 2008, section 18B.09, subdivision 1, is amended to read:

Subdivision 1.

Applicability.

This section applies only to statutory and home rule
charter cities that enact new text begin warning sign new text end ordinances as provided in this section.

Sec. 3.

Minnesota Statutes 2008, section 18B.09, subdivision 2, is amended to read:

Subd. 2.

Authority.

Statutory and home rule charter cities may enact an ordinance
containing the pesticide application warning information contained in subdivision 3,
including their own licensing, penalty, and enforcement provisions. Statutory and home
rule charter cities may not enact deleted text begin an deleted text end new text begin a warning sign new text end ordinance that contains more restrictive
pesticide application warning information than is contained in subdivision 3.