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HF 1255

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 02/13/2020 04:34pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/14/2019
1st Engrossment Posted on 02/13/2020

Current Version - 1st Engrossment

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A bill for an act
relating to environment policy; authorizing cities to adopt certain pesticide control
ordinances; amending Minnesota Statutes 2018, section 18B.09.

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

Section 1.

Minnesota Statutes 2018, section 18B.09, is amended to read:


18B.09 PESTICIDE APPLICATION IN CITIES.

Subdivision 1.

Applicability.

This section applies only to statutory and home rule charter
cities that enact ordinances as provided in this section.

Subd. 2.

Authority.

Statutory and home rule charter cities may enact an ordinancenew text begin,
which may include penalty and enforcement provisions,
new text end containingnew text begin one or both of the
following:
new text end

new text begin (1)new text end the pesticide application warning information contained in subdivision 3deleted text begin, including
their own licensing, penalty, and enforcement provisions.
deleted text endnew text begin; and
new text end

new text begin (2) the pesticide prohibition contained in subdivision 4.
new text end

Statutory and home rule charter cities may not enact an ordinance deleted text beginthat containsdeleted text end more
restrictive deleted text beginpesticide application warning informationdeleted text end than deleted text beginis containeddeleted text endnew text begin that which is provided new text end
in deleted text beginsubdivisiondeleted text endnew text begin subdivisionsnew text end 3new text begin and 4new text end.

Subd. 3.

Warning signs for pesticide application.

(a) 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.

new text begin Subd. 4. new text end

new text begin Application of certain pesticides prohibited. new text end

new text begin (a) A person may not apply or
use a pollinator-lethal pesticide within the geographic boundaries of a city that has enacted
an ordinance under subdivision 2 prohibiting such use.
new text end

new text begin (b) For purposes of this subdivision, "pollinator-lethal pesticide" means a pesticide that
has a pollinator protection box on the label or labeling, or a pollinator, bee, or honey bee
precautionary statement in the environmental hazards section of the label or labeling.
new text end

new text begin (c) The commissioner must maintain a list of pollinator-lethal pesticides on the
department's website.
new text end