HF 1317

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/15/2023 10:41am

A bill for an act
relating to agriculture; defining terms; regulating the use, storage, disposal, and
sale of pesticide-treated seed; requiring label statements for certain pesticide-treated
seed; requiring consumer guidance; requiring rulemaking; modifying certain
penalties; appropriating money; amending Minnesota Statutes 2022, sections
18B.01, subdivision 31; 18D.40; 21.82, subdivision 3; 21.86, subdivision 2;
115A.03, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapters 18B; 21; 115A.

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

Section 1.

Minnesota Statutes 2022, section 18B.01, subdivision 31, is amended to read:

Subd. 31.

Unreasonable adverse effects on the environment.

"Unreasonable adverse
effects on the environment" means any unreasonable risk to humans or the environment,
taking into account the economic, social, and environmental costs and benefits of the use
of any pesticide new text begin or seed treated with pesticide new text end .

Sec. 2.

new text begin [18B.075] PESTICIDE-TREATED SEED.
new text end

new text begin A person may not use, store, handle, distribute, or dispose of seed treated with pesticide
in a manner that:
new text end

new text begin (1) endangers humans, food, livestock, fish, or wildlife; or
new text end

new text begin (2) will cause unreasonable adverse effects on the environment.
new text end

Sec. 3.

Minnesota Statutes 2022, 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. 4.

Minnesota Statutes 2022, 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 new text begin ; and
new text end

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

Sec. 5.

Minnesota Statutes 2022, section 21.86, subdivision 2, is amended to read:

Subd. 2.

Miscellaneous violations.

No person may:

(a) detach, alter, deface, or destroy any label required in sections 21.82 and 21.83, alter
or substitute seed in a manner that may defeat the purposes of sections 21.82 and 21.83, or
alter or falsify any seed tests, laboratory reports, records, or other documents to create a
misleading impression as to kind, variety, history, quality, or origin of the seed;

(b) hinder or obstruct in any way any authorized person in the performance of duties
under sections 21.80 to 21.92;

(c) fail to comply with a "stop sale" order or to move or otherwise handle or dispose of
any lot of seed held under a stop sale order or attached tags, except with express permission
of the enforcing officer for the purpose specified;

(d) use the word "type" in any labeling in connection with the name of any agricultural
seed variety;

(e) use the word "trace" as a substitute for any statement which is required;

(f) plant any agricultural seed which the person knows contains weed seeds or noxious
weed seeds in excess of the limits for that seed; deleted text begin or
deleted text end

(g) advertise or sell seed containing patented, protected, or proprietary varieties used
without permission of the patent or certificate holder of the intellectual property associated
with the variety of seed new text begin ; or
new text end

new text begin (h) use or sell as food, feed, oil, or ethanol feedstock any seed treated with neonicotinoid
pesticide new text end .

Sec. 6.

new text begin [21.915] PESTICIDE-TREATED SEED USE AND DISPOSAL; CONSUMER
GUIDANCE REQUIRED.
new text end

new text begin (a) The commissioner, in consultation with the commissioner of the Pollution Control
Agency, must develop and maintain consumer guidance regarding the proper use and disposal
of seed treated with pesticide.
new text end

new text begin (b) A person selling seed treated with pesticide at retail must post in a conspicuous
location the guidance developed by the commissioner under paragraph (a).
new text end

Sec. 7.

Minnesota Statutes 2022, section 115A.03, is amended by adding a subdivision to
read:

new text begin Subd. 37a. new text end

new text begin Waste treated seed. new text end

new text begin "Waste treated seed" means seed that is treated, as
defined in section 21.81, subdivision 28, and that is withdrawn from sale or that the end
user considers unusable or otherwise a waste.
new text end

Sec. 8.

new text begin [115A.993] PROHIBITED DISPOSAL METHODS.
new text end

new text begin A person must not dispose of waste treated seed in a manner inconsistent with the product
label, where applicable, or by:
new text end

new text begin (1) burial near a drinking water source or any creek, stream, river, lake, or other surface
water;
new text end

new text begin (2) composting; or
new text end

new text begin (3) incinerating within a home or other dwelling.
new text end

Sec. 9. new text begin RULEMAKING REQUIRED.
new text end

new text begin The commissioner of the Pollution Control Agency, in consultation with the commissioner
of agriculture and the University of Minnesota, must adopt rules under Minnesota Statutes,
chapter 14, providing for the safe and lawful disposal of waste treated seed. The rules must
clearly identify the regulatory jurisdiction of state agencies and local governments with
regard to such seed.
new text end

Sec. 10. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Consumer guidance. new text end

new text begin $100,000 in fiscal year 2024 is appropriated from
the general fund to the commissioner of agriculture to develop and publicize the consumer
guidance required under this act. This appropriation is available until June 30, 2026.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking. new text end

new text begin $175,000 in fiscal year 2024 is appropriated from the general
fund to the commissioner of the Pollution Control Agency for the rulemaking required under
this act. This appropriation is available until June 30, 2025.
new text end