HF 336

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:36am

A bill for an act
relating to pesticide; modifying pesticide application warning requirements
that apply in cities with pesticide application ordinances; amending Minnesota
Statutes 2008, section 18B.09, subdivision 3, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 18B.09, subdivision 3, is amended to read:

Subd. 3.

Warning signs for pesticide application.

(a) new text begin Except as provided in
subdivision 4, new text end all commercial or noncommercial applicators who apply pesticides to turf
areas must post or affix warning signs on the property where the pesticides are applied.

(b) Warning signs must project at least 18 inches above the top of the grass line. The
warning signs must be of a material that is rain-resistant for at least a 48-hour period and
must remain in place up to 48 hours from the time of initial application.

(c) The following information must be printed on the warning sign in contrasting
colors and capitalized letters measuring at least one-half inch, or in another format
approved by the commissioner. The sign must provide the following information:

(1) the name of the business organization, entity, or person applying the pesticide;
and

(2) the following language: "This area chemically treated. Keep children and pets
off until ...(date of safe entry)..." or a universally accepted symbol and text approved by
the commissioner that is recognized as having the same meaning or intent as specified in
this paragraph. The warning sign may include the name of the pesticide used.

(d) The warning sign must be posted on a lawn or yard between two feet and five
feet from the sidewalk or street. For parks, golf courses, athletic fields, playgrounds,
or other similar recreational property, the warning signs must be posted immediately
adjacent to areas within the property where pesticides have been applied and at or near the
entrances to the property.

Sec. 2.

Minnesota Statutes 2008, section 18B.09, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Notice in lieu of warning signs. new text end

new text begin (a) A commercial or noncommercial
applicator who applies pesticides to turf areas may, in lieu of the signage requirements
in subdivision 3, notify the residents of each dwelling located on the property where
pesticide will be applied at least 48 hours before the intended time of initial application.
The applicator may notify the residents via literature delivery, personal contact, mail,
phone, or electronic mail. The notification must contain:
new text end

new text begin (1) the information in subdivision 3, paragraph (c), clause (1);
new text end

new text begin (2) the intended application date and time and an approximate alternative application
date and time if the intended application is postponed due to weather or other factors;
new text end

new text begin (3) a description of the area to be treated; and
new text end

new text begin (4) a warning to keep children and pets out of the treated area until a specified
safe date of entry.
new text end

new text begin The notification may include the name of the pesticide or pesticides that will be used.
new text end

new text begin (b) Alternatively, a commercial or noncommercial applicator who applies pesticides
to turf on multifamily residential property may notify the property manager at least 48
hours before the intended application and provide all of the information required in
paragraph (a). The property manager must notify the residents of each occupied dwelling
on the property.
new text end