Minnesota Legislature
HF 151
as introduced - 88th Legislature (2013 - 2014) Posted on 01/22/2013 11:25am
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A bill for an act
relating to agriculture; increasing the pesticide gross sales fees; dedicating the
proceeds to updating pesticide applicator education and certification; requiring
reports; appropriating money; amending Minnesota Statutes 2012, sections
18B.26, subdivision 3; 18B.305; proposing coding for new law in Minnesota
Statutes, chapter 18B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[18B.055] PESTICIDE APPLICATOR EDUCATION AND
CERTIFICATION.
new text end
new text begin Subdivision 1. new text end
new text begin Appropriation; reporting required. new text end
new text begin
Notwithstanding section
18B.05, the amount collected under section 18B.26, subdivision 3, through the temporary
0.1 percent surcharge on pesticide gross sales through calendar year 2017 is appropriated
to the commissioner to update pesticide applicator training and certification processes and
materials. The commissioner shall report to the legislative committees with jurisdiction
over agriculture finance no later than January 15 of each year regarding the commissioner's
accomplishments and additional efforts planned through the end of fiscal year 2018.
new text end
new text begin Subd. 2. new text end
new text begin Expiration. new text end
new text begin
This section expires June 30, 2018.
new text end
Sec. 2.
Minnesota Statutes 2012, section 18B.26, subdivision 3, is amended to read:
Subd. 3.
Registration application and gross sales fee.
(a) For an agricultural
pesticide, a registrant shall pay an annual registration application fee for each agricultural
pesticide of $350. The fee is due by December 31 preceding the year for which the
application for registration is made. The fee is nonrefundable.
(b) For a nonagricultural pesticide, a registrant shall pay a minimum annual
registration application fee for each nonagricultural pesticide of $350. The fee is due by
December 31 preceding the year for which the application for registration is made. The
fee is nonrefundable. The registrant of a nonagricultural pesticide shall pay, in addition to
the $350 minimum fee, a fee of new text begin 0.6 percent for calendar years 2013 through 2017, and
new text end 0.5 percent new text begin thereafter, new text end of annual gross sales of the nonagricultural pesticide in the state
and the annual gross sales of the nonagricultural pesticide sold into the state for use in
this state. The commissioner may not assess a fee under this paragraph if the amount
due based on percent of annual gross sales is less than $10. The registrant shall secure
sufficient sales information of nonagricultural pesticides distributed into this state from
distributors and dealers, regardless of distributor location, to make a determination. Sales
of nonagricultural pesticides in this state and sales of nonagricultural pesticides for use in
this state by out-of-state distributors are not exempt and must be included in the registrant's
annual report, as required under paragraph (g), and fees shall be paid by the registrant based
upon those reported sales. Sales of nonagricultural pesticides in the state for use outside of
the state are exempt from the gross sales fee in this paragraph if the registrant properly
documents the sale location and distributors. A registrant paying more than the minimum
fee shall pay the balance due by March 1 based on the gross sales of the nonagricultural
pesticide by the registrant for the preceding calendar year. A pesticide determined by the
commissioner to be a sanitizer or disinfectant is exempt from the gross sales fee.
(c) For agricultural pesticides, a licensed agricultural pesticide dealer or licensed
pesticide dealer shall pay a gross sales fee of new text begin 0.65 percent for calendar years 2013 through
2017, and new text end 0.55 percent new text begin thereafter, new text end of annual gross sales of the agricultural pesticide in the
state and the annual gross sales of the agricultural pesticide sold into the state for use in
this state.
(d) In those cases where a registrant first sells an agricultural pesticide in or into the
state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer
license and is responsible for payment of the annual gross sales fee under paragraph (c),
record keeping under paragraph (i), and all other requirements of section 18B.316.
(e) If the total annual revenue from fees collected in fiscal year 2011, 2012, or
2013, by the commissioner on the registration and sale of pesticidesnew text begin , not including the 0.1
percent surcharge dedicated to pesticide applicator education and certification through
fiscal year 2018,new text end is less than $6,600,000, the commissioner, after a public hearing, may
increase proportionally the pesticide sales and product registration fees under this chapter
by the amount necessary to ensure this level of revenue is achieved. The authority under
this section expires on June 30, 2014. The commissioner shall report any fee increases
under this paragraph 60 days before the fee change is effective to the senate and house of
representatives agriculture budget divisions.
(f) An additional fee of 50 percent of the registration application fee must be paid by
the applicant for each pesticide to be registered if the application is a renewal application
that is submitted after December 31.
(g) A registrant must annually report to the commissioner the amount, type and
annual gross sales of each registered nonagricultural pesticide sold, offered for sale, or
otherwise distributed in the state. The report shall be filed by March 1 for the previous
year's registration. The commissioner shall specify the form of the report or approve
the method for submittal of the report and may require additional information deemed
necessary to determine the amount and type of nonagricultural pesticide annually
distributed in the state. The information required shall include the brand name, United
States Environmental Protection Agency registration number, and amount of each
nonagricultural pesticide sold, offered for sale, or otherwise distributed in the state, but
the information collected, if made public, shall be reported in a manner which does not
identify a specific brand name in the report.
(h) A licensed agricultural pesticide dealer or licensed pesticide dealer must annually
report to the commissioner the amount, type, and annual gross sales of each registered
agricultural pesticide sold, offered for sale, or otherwise distributed in the state or into the
state for use in the state. The report must be filed by January 31 for the previous year's
sales. The commissioner shall specify the form, contents, and approved electronic method
for submittal of the report and may require additional information deemed necessary to
determine the amount and type of agricultural pesticide annually distributed within the
state or into the state. The information required must include the brand name, United States
Environmental Protection Agency registration number, and amount of each agricultural
pesticide sold, offered for sale, or otherwise distributed in the state or into the state.
(i) A person who registers a pesticide with the commissioner under paragraph (b),
or a registrant under paragraph (d), shall keep accurate records for five years detailing
all distribution or sales transactions into the state or in the state and subject to a fee and
surcharge under this section.
(j) The records are subject to inspection, copying, and audit by the commissioner
and must clearly demonstrate proof of payment of all applicable fees and surcharges
for each registered pesticide product sold for use in this state. A person who is located
outside of this state must maintain and make available records required by this subdivision
in this state or pay all costs incurred by the commissioner in the inspecting, copying, or
auditing of the records.
(k) The commissioner may adopt by rule regulations that require persons subject
to audit under this section to provide information determined by the commissioner to be
necessary to enable the commissioner to perform the audit.
(l) A registrant who is required to pay more than the minimum fee for any pesticide
under paragraph (b) must pay a late fee penalty of $100 for each pesticide application fee
paid after March 1 in the year for which the license is to be issued.
Sec. 3.
Minnesota Statutes 2012, section 18B.305, is amended to read:
18B.305 PESTICIDE EDUCATION AND TRAINING.
Subdivision 1.
Education and training.
(a) The commissionernew text begin , as the lead agency,
new text end shall develop,new text begin implement or approve, and evaluate,new text end in deleted text begin conjunctiondeleted text end new text begin consultationnew text end with the
University of Minnesota Extension Servicenew text begin , the Minnesota State Colleges and Universities
system, and other educational institutionsnew text end , innovative educational and training programs
addressing pesticide concerns including:
(1) water quality protection;
(2) endangered speciesnew text begin protectionnew text end ;
(3) new text begin minimizing new text end pesticide residues in food and water;
(4) worker protectionnew text begin and applicator safetynew text end ;
(5) chronic toxicity;
(6) integrated pest managementnew text begin and pest resistancenew text end ; deleted text begin and
deleted text end
(7) pesticide disposalnew text begin ;
new text end
new text begin
(8) pesticide drift;
new text end
new text begin
(9) relevant laws including pesticide labels and labeling and state and federal rules
and regulations; and
new text end
new text begin (10) current science and technology updatesnew text end .
(b) The commissioner shall appoint educational planning committees which must
include representatives of industrynew text begin and applicatorsnew text end .
(c) Specific current regulatory concerns must be discussed and, if appropriate,
incorporated into each training session.new text begin Relevant changes to pesticide product labels or
labeling or state and federal rules and regulations may be included.
new text end
(d) The commissioner may approve programs from private industrynew text begin , higher
education institutions,new text end and nonprofit organizations that meet minimum requirements for
education, training, and certification.
Subd. 2.
Training manual and examination development.
The commissioner,
in conjunction with the University of Minnesota Extension Servicenew text begin and other higher
education institutionsnew text end , shall continually revise and update pesticide applicator training
manuals and examinations. The manuals and examinations must be written to meet or
exceed the minimum standards required by the United States Environmental Protection
Agency and pertinent state specific information. Questions in the examinations must be
determined by the new text begin commissioner in consultation with other new text end responsible agencies. Manuals
and examinations must include pesticide management practices that discuss prevention of
pesticide occurrence in deleted text begin groundwatersdeleted text end new text begin groundwater and surface waternew text end of the state.