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; clarifying the prohibition on 1.3 certain application of pesticides; amending Minnesota 1.4 Statutes 2000, section 18B.07, subdivision 2. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. Minnesota Statutes 2000, section 18B.07, 1.7 subdivision 2, is amended to read: 1.8 Subd. 2. [PROHIBITED PESTICIDE USE.] (a) A person may not 1.9 use, store, handle, distribute, or dispose of a pesticide, 1.10 rinsate, pesticide container, or pesticide application equipment 1.11 in a manner: 1.12 (1) that is inconsistent with a label or labeling as 1.13 defined by FIFRA; 1.14 (2) that endangers humans, damages agricultural products, 1.15 food, livestock, fish, or wildlife; or 1.16 (3) that will cause unreasonable adverse effects on the 1.17 environment. 1.18 (b) A person may not direct a pesticide onto property 1.19 beyond the boundaries of the target site. A person may not 1.20 apply a pesticide resulting in damage to adjacent property. 1.21 (c) A person may not directly apply a pesticide on a human 1.22 by overspray or target site spray, except when: 1.23 (1) the pesticide is intended for use on a human; or 1.24 (2) the following conditions apply: 1.25 (i) no practicable and effective alternative method of 2.1 control exists; 2.2 (ii) the pesticide label does not prohibit an application 2.3 that may result in human exposure; 2.4 (iii) the pesticide is among the least toxic available for 2.5 control of the target pest; and 2.6 (iv) notification of residents in the area is provided by 2.7 direct notification or through publication in a newspaper of 2.8 general circulation within the affected area. 2.9 (d) A person may not apply a pesticide in a manner so as to 2.10 expose a worker in an immediately adjacent, open field. 2.11 [EFFECTIVE DATE.] This section is effective the day 2.12 following final enactment.