HF 2805

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/07/2024 04:26pm

A bill for an act
relating to agriculture; adding terms to pesticide control definitions; restricting
neonicotinoid pesticides; amending Minnesota Statutes 2022, section 18B.01, by
adding subdivisions; proposing coding for new law in Minnesota Statutes, chapter
18B.

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

Section 1.

Minnesota Statutes 2022, section 18B.01, is amended by adding a subdivision
to read:

new text begin Subd. 33. new text end

new text begin Agricultural plant. new text end

new text begin "Agricultural plant" means any plant, or part of a plant
grown or otherwise produced for commercial purposes, including any plant grown or
otherwise produced for sale or trade, for research or experimental purposes, or for use in
part or entirely in another location. Agricultural plant includes but is not limited to grains,
fruits, and vegetables; oil and seed crops; wood fiber or timber products; horticultural or
nursery stock; seedlings and transplants; and turf grass produced for sod. Agricultural plant
does not include pasture or rangeland used for grazing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2022, section 18B.01, is amended by adding a subdivision to
read:

new text begin Subd. 34. new text end

new text begin Neonicotinoid. new text end

new text begin "Neonicotinoid" means acetamiprid, clothianidin, dinotefuran,
imidacloprid, thiamethoxam, and any other chemical designated by the commissioner as
belonging to the neonicotinoid class of chemicals.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2022, section 18B.01, is amended by adding a subdivision to
read:

new text begin Subd. 35. new text end

new text begin Urgent pest threat. new text end

new text begin "Urgent pest threat" means an occurrence of a pest that
presents a significant risk of harm or injury to the environment or human health or significant
harm, injury, or loss to agricultural crops, including but not limited to an exotic or foreign
pest that may need preventative quarantine measures to avert or prevent that risk, as
determined by the commissioner.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end

Sec. 4.

new text begin [18B.112] SALE OR USE OF NEONICOTINOIDS.
new text end

new text begin (a) A person shall not sell, possess, or use a nonagricultural pesticide that (1) contains
a neonicotinoid, and (2) is registered for use on outdoor plants.
new text end

new text begin (b) A person shall not use a pesticide containing a neonicotinoid on any outdoor plant
except in the production of an agricultural plant.
new text end

new text begin (c) Notwithstanding paragraphs (a) and (b), the commissioner may authorize by written
order the sale, possession, or use of a pesticide that is prohibited under paragraphs (a) and
(b) if the commissioner finds all of the following:
new text end

new text begin (1) a valid urgent pest threat exists;
new text end

new text begin (2) the neonicotinoid pesticide would be effective in addressing the urgent pest threat;
and
new text end

new text begin (3) there are no other, less-harmful pesticides or pest management practices that would
be effective in addressing the urgent pest threat.
new text end

new text begin (d) An order issued by the commissioner pursuant to paragraph (c) shall include the
basis for the commissioner's determination and specify the approved time period, geographic
scope, and purpose of the permitted sale, possession, or use of the pesticide; shall be valid
for a period not to exceed one year; and shall only authorize use of the pesticide by or under
the supervision of a licensed applicator.
new text end

new text begin (e) The commissioner shall make reasonable efforts to inform the public of an urgent
pest threat finding pursuant to paragraph (c).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2024.
new text end