HF 370

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; permitting distribution of 
  1.3             nonregistered pesticides for certain uses outside the 
  1.4             state; amending Minnesota Statutes 1998, section 
  1.5             18B.26, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 18B.26, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [REQUIREMENT.] (a) Except as provided in 
  1.10  paragraphs (b) to (d), a person may not use or distribute a 
  1.11  pesticide in this state unless it is registered with the 
  1.12  commissioner.  Pesticide registrations expire on December 31 of 
  1.13  each year and may be renewed on or before that date for the 
  1.14  following calendar year.  
  1.15     (b) Registration is not required if a pesticide is shipped 
  1.16  from one plant or warehouse to another plant or warehouse 
  1.17  operated by the same person and used solely at the plant or 
  1.18  warehouse as an ingredient in the formulation of a pesticide 
  1.19  that is registered under this chapter. 
  1.20     (c) An unregistered pesticide that was previously 
  1.21  registered with the commissioner may be used for a period of two 
  1.22  years following the cancellation of the registration of the 
  1.23  pesticide, unless the commissioner determines that the continued 
  1.24  use of the pesticide would cause unreasonable adverse effects on 
  1.25  the environment, or with the written permission of the 
  2.1   commissioner.  To use the unregistered pesticide at any time 
  2.2   after the two-year period, the pesticide end user must 
  2.3   demonstrate to the satisfaction of the commissioner, if 
  2.4   requested, that the pesticide has been continuously registered 
  2.5   under a different brand name or by a different manufacturer and 
  2.6   has similar composition, or, the pesticide end user obtains the 
  2.7   written permission of the commissioner.  
  2.8      (d) The commissioner may allow specific pesticide products 
  2.9   that are not registered with the commissioner to be distributed 
  2.10  in this state for use in another state. 
  2.11     (e) Each pesticide with a unique United States 
  2.12  Environmental Protection Agency pesticide registration number or 
  2.13  a unique brand name must be registered with the commissioner. 
  2.14     Sec. 2.  [EFFECTIVE DATE.] 
  2.15     Section 1 is effective retroactive to January 1, 1999.