SF 4052
Introduction - 94th Legislature (2025 - 2026)
Posted on 03/12/2026 09:35 a.m.
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A bill for an act
relating to agriculture; prohibiting the sale and distribution of certain seeds coated
or treated with systemic insecticides without the approval of the commissioner of
agriculture; prohibiting the application or treatment of ornamental outdoor plants
and turf with neonicotinoid insecticides; providing for civil penalties; authorizing
rulemaking; requiring reports; amending Minnesota Statutes 2024, sections 18B.01,
by adding subdivisions; 18B.07, by adding a subdivision; 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 2024, section 18B.01, is amended by adding a subdivision
to read:
new text begin Subd. 12b. new text end
new text begin Insecticide. new text end
new text begin
"Insecticide" means a pesticide or pesticide active ingredient
that is designed or intended to prevent, destroy, repel, or mitigate an insect pest.
new text end
Sec. 2.
Minnesota Statutes 2024, section 18B.01, is amended by adding a subdivision to
read:
new text begin Subd. 14d. new text end
new text begin Neonicotinoid insecticide. new text end
new text begin
"Neonicotinoid insecticide" means a pesticide
containing any active ingredient belonging to the neonicotinoid class, including but not
limited to imidacloprid, thiamethoxam, clothianidin, dinotefuran, acetamiprid, sulfoxaflor,
and flupyradifurone.
new text end
Sec. 3.
Minnesota Statutes 2024, section 18B.01, is amended by adding a subdivision to
read:
new text begin Subd. 30b. new text end
new text begin Systemic insecticide. new text end
new text begin
"Systemic insecticide" means an insecticide designed
to be absorbed by plants and translocated throughout plant tissue. Systemic insecticide
includes any insecticide that contains:
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 insecticide.
new text end
Sec. 4.
Minnesota Statutes 2024, section 18B.07, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Neonicotinoid insecticide prohibited. new text end
new text begin
(a) A person must not apply or treat
outdoor ornamental plants and turf with a neonicotinoid insecticide, as defined in section
18B.01, subdivision 14d, except when the commissioner determines that paragraph (b)
applies for a particular situation or use.
new text end
new text begin
(b) Paragraph (a) does not apply if the commissioner, by written order, determines that:
new text end
new text begin
(1) a valid environmental emergency exists;
new text end
new text begin
(2) the neonicotinoid pesticide would be effective in addressing the environmental
emergency; and
new text end
new text begin
(3) no less harmful pesticide or pest management practice would be effective in addressing
the environmental emergency.
new text end
new text begin
(c) An order must include the basis for the commissioner's determination and specify
the permitted pesticide, the approved time period, the geographic area where the
neonicotinoid insecticide may be applied, and the purpose of the permitted use of the
neonicotinoid insecticide.
new text end
new text begin
(d) An order issued pursuant to this section may also establish restrictions on the use of
such insecticide to minimize harm to pollinator populations, bird populations, ecosystem
health, and public health.
new text end
new text begin
(e) An order under this section must be valid for not more than one year.
new text end
new text begin
(f) This subdivision does not apply to pesticide applications by, or under the supervision
of, a certified applicator for treatment of woody plants against invasive species.
new text end
new text begin
(g) For the purposes of this subdivision, "environmental emergency" means an occurrence
of any domestic, foreign, or exotic pest that presents a significant risk of harm or injury to
the environment or health, or significant harm, injury, or loss to agricultural crops.
new text end
new text begin
(h) Applicators using a pesticide containing a neonicotinoid insecticide must take a
department-approved course annually and maintain a record of this course for three years.
new text end
Sec. 5.
new text begin
[18B.0751] SEEDS COATED OR TREATED WITH SYSTEMIC
INSECTICIDE.
new text end
new text begin Subdivision 1. new text end
new text begin Systemic insecticide prohibited. new text end
new text begin
Beginning January 1, 2029, a person
must not sell or distribute in the state or into the state any barley, canola, corn, millet, oat,
rye, safflower, sorghum, soybean, sunflower, or wheat seeds coated or treated with a systemic
insecticide unless: (1) a seed purchaser has received a valid waiver issued by the
commissioner of agriculture pursuant to subdivision 2; and (2) the seed purchaser has
provided the person with the valid waiver.
new text end
new text begin Subd. 2. new text end
new text begin Waiver. new text end
new text begin
(a) The commissioner may issue a farm-specific waiver to a person
to allow an action otherwise prohibited by subdivision 1 if:
new text end
new text begin
(1) the person completes an integrated pest management training;
new text end
new text begin
(2) the person submits to the commissioner a pest risk assessment of the area proposed
for application and a report on the pest risk assessment. The pest risk assessment and the
report on the assessment must be completed by a trained and department-approved third
party and must demonstrate that the use of seeds described in subdivision 1 is necessary to
address a demonstrable pest issue;
new text end
new text begin
(3) the person will only plant seeds described in subdivision 1 in the specific geographic
area identified in the pest risk assessment report where the use of treated seeds is found
necessary to address a demonstrable pest issue; and
new text end
new text begin
(4) the farm owner will maintain current records containing the pest risk assessment
report and dates when seeds described in subdivision 1 are planted, which must be available
to the commissioner for review upon request.
new text end
new text begin
(b) A waiver under this subdivision must not be valid for more than one year.
new text end
new text begin
(c) A waiver under this subdivision may restrict the use, handling, and disposal of seeds
identified in subdivision 1 to minimize harm to pollinator populations, bird populations,
ecosystems, and public health.
new text end
new text begin Subd. 3. new text end
new text begin Rulemaking. new text end
new text begin
The commissioner must adopt rules to implement this section
before granting a waiver under subdivision 2. The commissioner's rulemaking authority
under this subdivision is not subject to the 18-month time limit under section 14.125.
new text end
new text begin Subd. 4. new text end
new text begin Reports. new text end
new text begin
The commissioner must annually report to the chairs and ranking
members of legislative committees with jurisdiction over agriculture and environmental
protection on the number of waivers granted under subdivision 2.
new text end
new text begin Subd. 5. new text end
new text begin Record keeping and reporting. new text end
new text begin
An agricultural pesticide dealer that sells or
distributes seed described in subdivision 1 must report annually to the commissioner the
quantity of the seed sold or distributed and the waivers authorizing all sales or distributions.
new text end
Sec. 6.
new text begin
[18B.0752] CIVIL PENALTIES.
new text end
new text begin
(a) A person who violates or fails to perform any duty imposed by section 18B.07 or
18B.0751, or any rule adopted to implement section 18B.07 or 18B.0751, is liable for a
civil penalty not to exceed $10,000 per violation or, for continuing violations, $7,500 for
each day during which the violation occurs.
new text end
new text begin
(b) Any person who knowingly purchases or obtains seed described in section 18B.0751,
subdivision 1, without obtaining the required waiver or otherwise in violation of that
subdivision is liable for a civil penalty not to exceed $10,000 per violation.
new text end
new text begin
(c) An action under this subdivision may be brought by the commissioner in district
court for the judicial district of the person who is alleged to be in violation of section 18B.07
or 18B.0751 or any rule adopted to implement section 18B.07 or 18B.0751. A district court
must grant a permanent injunction or other appropriate relief if the commissioner
demonstrates that the person has engaged in conduct constituting a violation of section
18B.07 or 18B.0751 or any rule adopted to implement section 18B.07 or 18B.0751.
new text end