HF 2761

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/24/2025 03:04 p.m.

A bill for an act
relating to agriculture; adding pesticides from treated seeds to the commissioner's
pesticide management plan requirements; broadening pesticide management plan
coordination to include local governments and public health agencies; adding
pesticides from treated seeds and pesticide breakdown products to groundwater
monitoring requirements; requiring action to prevent and monitor pesticide
contamination of surface water and air quality; requiring labeling statements for
certain pesticide-treated seed; establishing new program for systemic
pesticide-treated seed; appropriating money; amending Minnesota Statutes 2024,
sections 18B.045; 18B.10; 18D.40; 21.81, by adding a subdivision; 21.82,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 18B;
21.

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

Section 1.

Minnesota Statutes 2024, section 18B.045, is amended to read:

18B.045 PESTICIDE MANAGEMENT PLAN.

Subdivision 1.

Development.

The commissioner shall develop a pesticide management
plan for the prevention, evaluation, and mitigation of occurrences of pesticides new text begin , pesticides
from treated seed, new text end or pesticide breakdown products in groundwaters and surface waters of
the state. The pesticide management plan must include components promoting prevention,
developing appropriate responses to the detection of pesticides new text begin , pesticides from treated seed, new text end
or pesticide breakdown products in groundwater and surface waters, and providing responses
to reduce or eliminate continued pesticide movement to groundwater and surface water. By
September 1 of each even-numbered year, the commissioner must submit a status report on
the plan to the Environmental Quality Board for review and then to the house of
representatives and senate committees with jurisdiction over the environment, natural
resources, and agriculture.

Subd. 2.

Coordination.

The pesticide management plan shall be coordinated and
developed with other state agency plans and with other state agencies new text begin and local units of
government new text end through the Environmental Quality Board. In addition, new text begin public health agencies,
new text end the University of Minnesota Extension Service, farm organizations, farmers, environmental
organizations, and industry shall be involved in the pesticide management plan development.

Sec. 2.

Minnesota Statutes 2024, section 18B.10, is amended to read:

18B.10 ACTION TO PREVENT GROUNDWATER CONTAMINATION.

(a) The commissioner may, by rule, special order, or delegation through written regulatory
agreement with officials of other approved agencies, take action necessary to prevent the
contamination of groundwater resulting from leaching of pesticides through the soil, from
the backsiphoning or backflowing of pesticides through water wells, or from the direct
flowage of pesticides to groundwater.

(b) With owner consent, the commissioner may deleted text begin use deleted text end new text begin sample new text end private water wells throughout
the state to monitor for the presence of deleted text begin agricultural deleted text end pesticides new text begin , pesticides from treated seed,
pesticide breakdown products, new text end and other deleted text begin industrial deleted text end chemicals in groundwater. The specific
locations and land owners shall not be identifiable. The owner or user of a private water
well sampled by the commissioner must be given access to test results.

Sec. 3.

new text begin [18B.102] ACTION TO PREVENT SURFACE WATER CONTAMINATION.
new text end

new text begin (a) The commissioner may by rule, special order, or delegation through written regulatory
agreement with officials of other approved agencies, take action necessary to prevent the
contamination of surface water resulting from pesticides, pesticides from treated seed, or
pesticide breakdown products from soil erosion, improper disposal or use, or direct flowage.
new text end

new text begin (b) The commissioner may sample public waters to monitor for the presence of pesticides,
pesticides from treated seed, pesticide-treated products, pesticide breakdown products, and
other chemicals in surface waters.
new text end

Sec. 4.

new text begin [18B.105] ACTION TO PREVENT AIR QUALITY CONTAMINATION.
new text end

new text begin (a) The commissioner may by rule, special order, or delegation through written regulatory
agreement with officials of other approved agencies, take action necessary to prevent the
contamination of air by pesticides, pesticides from treated seed, or pesticide breakdown
products from drift, evaporation, volatilization, wind erosion, or any other source.
new text end

new text begin (b) The commissioner may sample ambient air to monitor for the presence of pesticides,
pesticides from treated seed, and pesticide-treated products.
new text end

Sec. 5.

Minnesota Statutes 2024, section 18D.40, is amended to read:

18D.40 ENHANCED PENALTIES; OUTDOOR RECREATION LANDS.

Notwithstanding limitations placed on administrative or civil penalty amounts under
sections 18D.315 and 18D.325, a person who applies a pesticide new text begin or plants seed treated with
pesticide new text end resulting in damage to adjacent property that is part of the state outdoor recreation
system may be subject to a monetary penalty equal to twice the amount that the commissioner
would otherwise assess for a comparable violation.

Sec. 6.

Minnesota Statutes 2024, section 21.81, is amended by adding a subdivision to
read:

new text begin Subd. 35. new text end

new text begin Systemic pesticide. new text end

new text begin "Systemic pesticide" means a pesticide designed to be
absorbed by plants and translocated throughout plant tissue. Systemic pesticides include:
new text end

new text begin (1) acetamiprid, dinotefuran, clothianidin, thiamethoxam, imidacloprid, nitenpyram,
thiacloprid, fipronil, flupyradifurone, sulfoxaflor, cyantraniliprole, or chlorantraniliprole;
and
new text end

new text begin (2) any other pesticide determined by the commissioner to be a systemic pesticide,
pursuant to section 21.917.
new text end

Sec. 7.

Minnesota Statutes 2024, section 21.82, subdivision 3, is amended to read:

Subd. 3.

Treated seed.

For all named agricultural, vegetable, flower, or wildflower
seeds which are treated, for which a separate label may be used, the label must contain:

(1) a word or statement to indicate that the seed has been treated;

(2) the commonly accepted, coined, chemical, or abbreviated generic chemical name of
the applied substance;

(3) the caution statement "Do not use for food, feed, or oil purposes" if the substance in
the amount present with the seed is harmful to human or other vertebrate animals;

(4) in the case of mercurials or similarly toxic substances, a poison statement and symbol;

(5) a word or statement describing the process used when the treatment is not of pesticide
origin; deleted text begin and
deleted text end

(6) the date beyond which the inoculant is considered ineffective if the seed is treated
with an inoculant. It must be listed on the label as "inoculant: expires (month and year)" or
wording that conveys the same meaning deleted text begin . deleted text end new text begin ; and
new text end

new text begin (7) the caution statement for any corn or soybean seed treated with a neonicotinoid
pesticide, framed in a box and including a bee icon developed by the commissioner that
states: "Planting seed treated with a neonicotinoid pesticide may negatively impact pollinator
health. Please use care when handling and planting this seed."
new text end

Sec. 8.

new text begin [21.917] SYSTEMIC PESTICIDE-TREATED SEED PROGRAM.
new text end

new text begin By January 1, 2027, the commissioner must develop a program for the regulation of
systemic pesticide-treated seed and:
new text end

new text begin (1) account for the total quantity of systemic pesticide-treated seed purchased and used
in the state, and the total acreage and location where systemic pesticide-treated seed is
applied each year;
new text end

new text begin (2) ensure that all treated seed used in the state is subject to any regulatory restrictions
necessary to protect human health and the environment, including but not limited to
pollinating insects, birds, and aquatic ecosystems, from exposure to systemic insecticides;
new text end

new text begin (3) require formal verification of need prior to the use of systemic pesticide-treated seed
except where systemic pesticide-treated seed is the only commercially available option. At
a minimum, the commissioner must require written certification from a trained and approved
individual for each use of systemic pesticide-treated field crop seed, verifying that, for the
time and location, the use would be effective in addressing a demonstrable pest problem;
new text end

new text begin (4) study the use, efficacy, and environmental and health impacts of systemic
pesticide-treated seed in the state;
new text end

new text begin (5) develop and disseminate educational materials and best management practices for
the use of systemic pesticide-treated seed;
new text end

new text begin (6) collaborate with the University of Minnesota in developing and implementing the
systemic pesticide-treated seed program. This collaboration may include the evaluation of
national and international research on treated seed for its applicability to Minnesota-specific
conditions to ensure a sound understanding of efficacy of seed treatment rates, scouting
techniques, pest pressures, economic thresholds, and planting-technology differences; and
new text end

new text begin (7) designate any pesticide, including but not limited to any chemical belonging to the
neonicotinoid or anthranilcil diamide class, to be a systemic pesticide. The commissioner
must maintain a list of pesticides designated to be a systemic pesticide on the agency's public
website.
new text end

Sec. 9.

new text begin [21.93] SYSTEMIC PESTICIDE-TREATED SEED ALTERNATIVES
ACCOUNT.
new text end

new text begin The systemic pesticide-treated seed alternatives account is established in the agricultural
fund. Money in the account, including interest, is appropriated to the University of Minnesota
for research and outreach regarding nonchemical pest prevention methods that may serve
as an alternative to the use of systemic pesticide-treated seed. This money may be used to
award competitive grants.
new text end

Sec. 10. new text begin APPROPRIATION; SYSTEMIC PESTICIDE-TREATED SEED
PROGRAM.
new text end

new text begin $....... in fiscal year 2026 is appropriated from the pesticide regulatory account in the
agricultural fund to the commissioner of agriculture to implement the systemic
pesticide-treated seed program. This is a onetime appropriation.
new text end

Sec. 11. new text begin APPROPRIATION; SYSTEMIC PESTICIDE-TREATED SEED
ALTERNATIVES ACCOUNT.
new text end

new text begin $....... in fiscal year 2026 is appropriated from the pesticide regulatory account in the
agricultural fund to the systemic pesticide-treated seed alternatives account. This is a onetime
appropriation.
new text end