HF 1997

1st Committee Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/22/2009 12:38 p.m.

1.1A bill for an act 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. new text begin [144.0711] REGISTRATION AND CONTROL OF CARCINOGENIC new text end 1.8 new text begin AND ENDOCRINE-DISRUPTING PESTICIDES AND NERVOUS SYSTEM new text end 1.9 new text begin TOXIN PESTICIDES. new text end 1.10     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) "Pesticide" has the meaning given in section 18B.01, new text end 1.11 new text begin subdivision 18. new text end 1.12     new text begin (b) "Probable carcinogenic pesticide" means a pesticide that has been identified by new text end 1.13 new text begin the United States Environmental Protection Agency as a probable carcinogen. new text end 1.14     new text begin (c) "Known carcinogenic pesticide" means a pesticide that has been identified by the new text end 1.15 new text begin United States Environmental Protection Agency as a known carcinogen. new text end 1.16     new text begin (d) "Endocrine-disrupting pesticide" means a pesticide that has been identified by new text end 1.17 new text begin the commissioner of health as interfering with, altering, or mimicking hormones or the new text end 1.18 new text begin functioning of hormones in living beings. new text end 1.19 new text begin (e) "High-potency nervous system toxin" means a pesticide that acts on the new text end 1.20 new text begin mammalian nervous system and is classified by the United States Environmental new text end 1.21 new text begin Protection Agency as Toxicity Class I or Class II based on lethal dose in mammals. new text end 1.22     new text begin Subd. 2. new text end new text begin Authority. new text end new text begin (a) The commissioner of health shall review all pesticide new text end 1.23 new text begin registration applications filed with the commissioner of agriculture for known and probable new text end 1.24 new text begin carcinogenic pesticides, endocrine-disrupting pesticides, and high-potency nervous system new text end 1.25 new text begin toxins, and may review other pesticides if there is scientific evidence of increased risk to new text end 2.1 new text begin public health and safety. The commissioner of health has final authority on whether those new text end 2.2 new text begin pesticides may be registered for use in this state and on any restrictions that may be placed new text end 2.3 new text begin on pesticide use. This authority and obligation may not be waived. The commissioner of new text end 2.4 new text begin health shall consider the criteria in this paragraph and the factors in subdivision 3, and new text end 2.5 new text begin shall place restrictions, deny registration or registration renewal, or cancel registration as new text end 2.6 new text begin necessary to ensure that pesticides are not registered for uses other than those where the new text end 2.7 new text begin commissioner of health determines that public health benefits outweigh the risk of harm to new text end 2.8 new text begin public health, including, but not limited to, the risk of cancer, chemical castration, or harm new text end 2.9 new text begin to fetal development, especially considering vulnerable populations, such as children, new text end 2.10 new text begin the elderly, and women of childbearing age. The commissioner of health shall consider new text end 2.11 new text begin whether the pesticide is needed for disease control or use in hospitals or other health care new text end 2.12 new text begin facilities, and whether there are any alternatives to the use of pesticides. new text end 2.13     new text begin (b) The commissioner of health may request additional information from the new text end 2.14 new text begin applicant as the commissioner considers necessary. new text end 2.15     new text begin (c) Pesticide registration applications must continue to be filed on an annual new text end 2.16 new text begin basis with the commissioner of agriculture. For known or probable carcinogenic new text end 2.17 new text begin pesticides, endocrine-disrupting pesticides, and high-potency nervous system toxins, the new text end 2.18 new text begin commissioner of agriculture shall forward copies of the applications to the commissioner new text end 2.19 new text begin of health immediately for review and registration determination. new text end 2.20     new text begin (d) The authority given the commissioner of health in this section may be delegated new text end 2.21 new text begin to designated employees within the Department of Health, but not to any other government new text end 2.22 new text begin agency or its employees. new text end 2.23     new text begin Subd. 3. new text end new text begin Factors for registration determinations. new text end new text begin The commissioner of health new text end 2.24 new text begin shall consider the following factors in restriction and registration determinations: new text end 2.25     new text begin (1) presence in groundwater; new text end 2.26     new text begin (2) presence in surface water that is classified as a drinking water source; new text end 2.27     new text begin (3) actions against or agreements or stipulations with pesticide manufacturers on new text end 2.28 new text begin particular pesticides by the United States Environmental Protection Agency; and new text end 2.29     new text begin (4) limitations on the use of the pesticide in other jurisdictions. new text end 2.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end