HF 2116

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; changing provisions of plant 
  1.3             pests, fertilizer, and lime; changing licensing 
  1.4             requirements for aquatic pest control applicators; 
  1.5             amending Minnesota Statutes 1994, sections 18.52, 
  1.6             subdivisions 2 and 5; 18.53; 18B.32; 18B.33, 
  1.7             subdivision 1; 18B.34, subdivision 1; 18C.005, 
  1.8             subdivisions 6, 13, 20, 22, 33, 34, and by adding a 
  1.9             subdivision; 18C.115, subdivision 2; 18C.215, 
  1.10            subdivisions 1 and 2; 18C.415, subdivision 1; 18C.531, 
  1.11            subdivision 8, and by adding a subdivision; 18C.545, 
  1.12            subdivision 2; and 18E.03, subdivision 4; proposing 
  1.13            coding for new law in Minnesota Statutes, chapter 18B; 
  1.14            repealing Minnesota Statutes 1994, section 18C.531, 
  1.15            subdivision 26. 
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 1994, section 18.52, 
  1.18  subdivision 2, is amended to read: 
  1.19     Subd. 2.  [EXPIRATION.] Said certificate shall expire 
  1.20  annually on November 15 of each year December 31.  
  1.21     Sec. 2.  Minnesota Statutes 1994, section 18.52, 
  1.22  subdivision 5, is amended to read: 
  1.23     Subd. 5.  [FEES; PENALTY.] A nursery stock dealer shall pay 
  1.24  an annual fee based on the dealer's gross sales during the 
  1.25  preceding certificate year.  A nursery stock dealer operating 
  1.26  for the first year will pay the minimum fee. 
  1.27    Dealers:
  1.28    (1)  Gross sales up to                 at a location
  1.29         $5,000                            $70 per location
  1.30    
  2.1     (2)  Gross sales over $5,000           at a location
  2.2          up to $10,000                     $100 per location
  2.3     
  2.4     (3)  Gross sales over $10,000          at a location
  2.5          up to $25,000                     $200 per location
  2.6     
  2.7     (4)  Gross sales over $25,000          at a location
  2.8          up to $75,000                     $300 per location
  2.9     
  2.10    (5)  Gross sales over $75,000          at a location
  2.11         up to $100,000                    $400 per location
  2.12    
  2.13    (6)  Gross sales over $100,000         at a location
  2.14         up to $250,000                    $500 per location
  2.16    (7)  Gross sales over $250,000         at a location
  2.17                                           $600 per location
  2.18     In addition to the above fees, a minimum penalty of $10 or 
  2.19  25 percent of the fee due, whichever is greater, shall be 
  2.20  charged for any application for renewal not received by January 
  2.21  1 of the year following expiration of a certificate. 
  2.22     Sec. 3.  Minnesota Statutes 1994, section 18.53, is amended 
  2.23  to read: 
  2.24     18.53 [GREENHOUSE CERTIFICATION.] 
  2.25     The commissioner may inspect and certify greenhouses and 
  2.26  greenhouse plants as being free from plant pests upon request of 
  2.27  the greenhouse operator and issue a greenhouse certificate.  The 
  2.28  fee is $50 for each greenhouse operator.  The certificate 
  2.29  expires on November 15 December 31 next following the date of 
  2.30  issue.  
  2.31     Sec. 4.  [18B.315] [AQUATIC PEST CONTROL LICENSE.] 
  2.32     Subdivision 1.  [REQUIREMENT.] (a) A person may not engage 
  2.33  in aquatic pest control applications: 
  2.34     (1) for hire without an aquatic pest control license; and 
  2.35     (2) as a sole proprietorship, company, partnership, or 
  2.36  corporation unless the person is or employs a licensed master in 
  3.1   aquatic pest control operations. 
  3.2      (b) An aquatic pest control licensee must have a valid 
  3.3   license identification card when applying pesticides for hire 
  3.4   and must display it upon demand by an authorized representative 
  3.5   of the commissioner or law enforcement officer.  The license 
  3.6   identification card must contain information required by the 
  3.7   commissioner. 
  3.8      Subd. 2.  [LICENSES.] (a) An aquatic pest control license: 
  3.9      (1) expires on December 31 of the year for which the 
  3.10  license is issued; 
  3.11     (2) is not transferable; and 
  3.12     (3) must be prominently displayed to the public in the 
  3.13  aquatic pest controller's place of business. 
  3.14     (b) The commissioner shall establish categories of master 
  3.15  and journeyman for a person to be licensed under an aquatic pest 
  3.16  control license. 
  3.17     Subd. 3.  [APPLICATION.] (a) A person must apply to the 
  3.18  commissioner for an aquatic pest control license on forms and in 
  3.19  a manner required by the commissioner.  The commissioner shall 
  3.20  require the applicant to pass a written, closed-book, monitored 
  3.21  examination or oral examination, or both, and may also require a 
  3.22  practical demonstration regarding aquatic pest control.  The 
  3.23  commissioner shall establish the examination procedure, 
  3.24  including the phases and contents of the examination. 
  3.25     (b) The commissioner may license a person as a master under 
  3.26  an aquatic pest control license if the person has the necessary 
  3.27  qualifications through knowledge and experience to properly 
  3.28  plan, determine, and supervise the selection and application of 
  3.29  pesticides in aquatic pest control.  To demonstrate the 
  3.30  qualifications and become licensed as a master under the aquatic 
  3.31  pest control license, a person must: 
  3.32     (1) pass a closed-book test administered by the 
  3.33  commissioner; 
  3.34     (2) have direct experience as a licensed journeyman under 
  3.35  an aquatic pest control license for at least two years by this 
  3.36  state or a state with equivalent certification requirements, or 
  4.1   have at least 1,600 hours of qualifying experience in the 
  4.2   previous four years as determined by the commissioner; and 
  4.3      (3) show practical knowledge and field experience under 
  4.4   clause (2) in the actual selection and application of pesticides 
  4.5   under varying conditions. 
  4.6      (c) The commissioner may license a person as a journeyman 
  4.7   under an aquatic pest control license if the person: 
  4.8      (1) has the necessary qualifications in the practical 
  4.9   selection and application of pesticides; 
  4.10     (2) has passed a closed-book examination given by the 
  4.11  commissioner; and 
  4.12     (3) is engaged as an employee of or is working under the 
  4.13  direction of a person licensed as a master under an aquatic pest 
  4.14  control license. 
  4.15     Subd. 4.  [RENEWAL.] (a) An aquatic pest control applicator 
  4.16  license may be renewed on or before the expiration of an 
  4.17  existing license subject to reexamination, attendance at 
  4.18  workshops approved by the commissioner, or other requirements 
  4.19  imposed by the commissioner to provide the applicator with 
  4.20  information regarding changing technology and to help assure a 
  4.21  continuing level of competency and ability to use pesticides 
  4.22  safely and properly.  The commissioner may require an additional 
  4.23  demonstration of applicator qualification if the applicator has 
  4.24  had a license suspended or revoked or has otherwise had a 
  4.25  history of violations of this chapter. 
  4.26     (b) If a person fails to renew an aquatic pest control 
  4.27  license within three months of its expiration, the person must 
  4.28  obtain an aquatic pest control license subject to the 
  4.29  requirements, procedures, and fees required for an initial 
  4.30  license. 
  4.31     Subd. 5.  [FINANCIAL RESPONSIBILITY.] (a) An aquatic pest 
  4.32  control license may not be issued unless the applicant furnishes 
  4.33  proof of financial responsibility.  The financial responsibility 
  4.34  may be demonstrated by: 
  4.35     (1) proof of net assets equal to or greater than $50,000; 
  4.36  or 
  5.1      (2) a performance bond or insurance of a kind and in an 
  5.2   amount determined by the commissioner. 
  5.3      (b) The bond or insurance must cover a period of time at 
  5.4   least equal to the term of the applicant's license.  The 
  5.5   commissioner shall immediately suspend the license of a person 
  5.6   who fails to maintain the required bond or insurance.  The 
  5.7   performance bond or insurance policy must contain a provision 
  5.8   requiring the insurance or bonding company to notify the 
  5.9   commissioner by ten days before the effective date of 
  5.10  cancellation, termination, or any other change of the bond or 
  5.11  insurance.  If there is recovery against the bond or insurance, 
  5.12  additional coverage must be secured to maintain financial 
  5.13  responsibility equal to the original amount required. 
  5.14     (c) An employee of a licensed person is not required to 
  5.15  maintain an insurance policy or bond during the time the 
  5.16  employer is maintaining the required insurance or bond. 
  5.17     (d) Applications for reinstatement of a license suspended 
  5.18  under this section must be accompanied by proof of satisfaction 
  5.19  of judgments previously rendered. 
  5.20     Subd. 6.  [FEES.] (a) An applicant for an aquatic pest 
  5.21  control license for a business must pay a nonrefundable 
  5.22  application fee of $100.  An employee of a licensed business 
  5.23  must pay a nonrefundable application fee of $50 for an 
  5.24  individual aquatic pest control license. 
  5.25     (b) An application received after expiration of the aquatic 
  5.26  pest control license is subject to a penalty of 50 percent of 
  5.27  the application fee. 
  5.28     (c) An applicant that meets renewal requirements by 
  5.29  reexamination instead of attending workshops must pay the 
  5.30  equivalent workshop fee for the reexamination as determined by 
  5.31  the commissioner. 
  5.32     Sec. 5.  Minnesota Statutes 1994, section 18B.32, is 
  5.33  amended to read: 
  5.34     18B.32 [STRUCTURAL OR AQUATIC PEST CONTROL LICENSE.] 
  5.35     Subdivision 1.  [REQUIREMENT.] (a) A person may not engage 
  5.36  in structural or aquatic pest control applications: 
  6.1      (1) for hire without a structural pest control license or, 
  6.2   for an aquatic pest control application, an aquatic pest control 
  6.3   license; and 
  6.4      (2) as a sole proprietorship, company, partnership, or 
  6.5   corporation unless the person is or employs a licensed master in 
  6.6   structural pest control operations or, for an aquatic pest 
  6.7   control application, a commercial aquatic applicator. 
  6.8      (b) A structural or aquatic pest control licensee must have 
  6.9   a valid license identification card when applying pesticides for 
  6.10  hire and must display it upon demand by an authorized 
  6.11  representative of the commissioner or a law enforcement 
  6.12  officer.  The license identification card must contain 
  6.13  information required by the commissioner.  
  6.14     (c) Notwithstanding the licensing requirements of this 
  6.15  subdivision, a person may control the following nuisance or 
  6.16  economically damaging wild animals, by trapping, without a 
  6.17  structural pest control license:  
  6.18     (1) fur-bearing animals, as defined in section 97A.015, 
  6.19  with a valid trapping license or special permit from the 
  6.20  commissioner of natural resources; and 
  6.21     (2) skunks, woodchucks, gophers, porcupines, coyotes, 
  6.22  moles, and weasels. 
  6.23     Subd. 2.  [LICENSES.] (a) A structural or aquatic pest 
  6.24  control license: 
  6.25     (1) expires on December 31 of the year for which the 
  6.26  license is issued; 
  6.27     (2) is not transferable; and 
  6.28     (3) must be prominently displayed to the public in the 
  6.29  structural or aquatic pest controller's place of business.  
  6.30     (b) The commissioner shall establish categories of master, 
  6.31  journeyman, and fumigator for a person to be licensed under a 
  6.32  structural pest control license and, for an aquatic pest control 
  6.33  license, the categories of commercial aquatic applicator and 
  6.34  certified aquatic applicator. 
  6.35     Subd. 3.  [APPLICATION.] (a) A person must apply to the 
  6.36  commissioner for a structural or aquatic pest control license on 
  7.1   forms and in the manner required by the commissioner.  The 
  7.2   commissioner shall require the applicant to pass a written, 
  7.3   closed-book, monitored examination or oral examination, or both, 
  7.4   and may also require a practical demonstration regarding 
  7.5   structural or aquatic pest control.  The commissioner shall 
  7.6   establish the examination procedure, including the phases and 
  7.7   contents of the examination.  
  7.8      (b) The commissioner may license a person as a master under 
  7.9   a structural pest control license or, for aquatic pest control 
  7.10  applications, as a commercial aquatic applicator if the person 
  7.11  has the necessary qualifications through knowledge and 
  7.12  experience to properly plan, determine, and supervise the 
  7.13  selection and application of pesticides in structural or aquatic 
  7.14  pest control.  To demonstrate the qualifications and become 
  7.15  licensed as a master under a structural pest control license or, 
  7.16  for aquatic pest control applications, as a commercial aquatic 
  7.17  applicator, a person must:  
  7.18     (1) pass a closed-book testing test administered by the 
  7.19  commissioner; 
  7.20     (2) have direct experience as a licensed journeyman under a 
  7.21  structural pest control license or, for aquatic pest control 
  7.22  applications, by direct experience as a certified aquatic 
  7.23  applicator under a commercial aquatic applicator for at least 
  7.24  two years by this state or a state with equivalent certification 
  7.25  requirements or as a full-time licensed master in another state 
  7.26  with equivalent certification requirements or, for aquatic pest 
  7.27  control applications, have at least 1,600 hours of qualifying 
  7.28  experience in the previous four years as determined by the 
  7.29  commissioner; and 
  7.30     (3) show practical knowledge and field experience under 
  7.31  clause (2) in the actual selection and application of pesticides 
  7.32  under varying conditions.  
  7.33     (c) The commissioner may license a person as a journeyman 
  7.34  under a structural pest control license or, for aquatic pest 
  7.35  control applications, as a certified aquatic applicator if the 
  7.36  person:  
  8.1      (1) has the necessary qualifications in the practical 
  8.2   selection and application of pesticides; 
  8.3      (2) has passed a closed-book examination given by the 
  8.4   commissioner; and 
  8.5      (3) is engaged as an employee of or is working under the 
  8.6   direction of a person licensed as a master under a structural 
  8.7   pest control license or, for aquatic pest control applications, 
  8.8   under a commercial aquatic applicator.  
  8.9      (d) The commissioner may license a person as a fumigator 
  8.10  under a structural pest control license if the person:  
  8.11     (1) has knowledge of the practical selection and 
  8.12  application of fumigants; 
  8.13     (2) has passed a closed-book examination given by the 
  8.14  commissioner; and 
  8.15     (3) is licensed by the commissioner as a master or 
  8.16  journeyman under a structural pest control license.  
  8.17     (e) The licensing requirements of paragraph (b) for 
  8.18  commercial aquatic applicators are satisfied if a person: 
  8.19     (1) has at least two years direct experience with an 
  8.20  aquatic category endorsement on a commercial applicator license; 
  8.21     (2) can show practical knowledge and field experience in 
  8.22  the actual selection and application of aquatic pesticides under 
  8.23  varying conditions; and 
  8.24     (3) applies for a license as a commercial aquatic 
  8.25  applicator before August 1, 1994. 
  8.26     Subd. 4.  [RENEWAL.] (a) A structural or aquatic pest 
  8.27  control applicator license may be renewed on or before the 
  8.28  expiration of an existing license subject to reexamination, 
  8.29  attendance at workshops approved by the commissioner, or other 
  8.30  requirements imposed by the commissioner to provide the 
  8.31  applicator with information regarding changing technology and to 
  8.32  help assure a continuing level of competency and ability to use 
  8.33  pesticides safely and properly.  The commissioner may require an 
  8.34  additional demonstration of applicator qualification if the 
  8.35  applicator has had a license suspended or revoked or has 
  8.36  otherwise had a history of violations of this chapter. 
  9.1      (b) If a person fails to renew a structural or aquatic pest 
  9.2   control license within three months of its expiration, the 
  9.3   person must obtain a structural or aquatic pest control license 
  9.4   subject to the requirements, procedures, and fees required for 
  9.5   an initial license.  
  9.6      Subd. 5.  [FINANCIAL RESPONSIBILITY.] (a) A structural or 
  9.7   aquatic pest control license may not be issued unless the 
  9.8   applicant furnishes proof of financial responsibility.  The 
  9.9   financial responsibility may be demonstrated by: 
  9.10     (1) proof of net assets equal to or greater than $50,000; 
  9.11  or 
  9.12     (2) a performance bond or insurance of a kind and in an 
  9.13  amount determined by the commissioner.  
  9.14     (b) The bond or insurance must cover a period of time at 
  9.15  least equal to the term of the applicant's license.  The 
  9.16  commissioner must immediately suspend the license of a person 
  9.17  who fails to maintain the required bond or insurance.  The 
  9.18  performance bond or insurance policy must contain a provision 
  9.19  requiring the insurance or bonding company to notify the 
  9.20  commissioner by ten days before the effective date of 
  9.21  cancellation, termination, or any other change of the bond or 
  9.22  insurance.  If there is recovery against the bond or insurance, 
  9.23  additional coverage must be secured to maintain financial 
  9.24  responsibility equal to the original amount required. 
  9.25     (c) An employee of a licensed person is not required to 
  9.26  maintain an insurance policy or bond during the time the 
  9.27  employer is maintaining the required insurance or bond. 
  9.28     (d)  Applications for reinstatement of a license suspended 
  9.29  under the provisions of this section must be accompanied by 
  9.30  proof of satisfaction of judgments previously rendered. 
  9.31     Subd. 6.  [FEES.] (a) An applicant for a structural pest 
  9.32  control license or aquatic pest control license for a business 
  9.33  must pay a nonrefundable application fee of $100.  An employee 
  9.34  of a licensed business must pay a nonrefundable application fee 
  9.35  of $50 for an individual structural or aquatic pest control 
  9.36  license.  
 10.1      (b) An application received after expiration of the 
 10.2   structural pest control license or aquatic pest control license 
 10.3   is subject to a penalty fee of 50 percent of the application fee.
 10.4      (c) An applicant that meets renewal requirements by 
 10.5   reexamination instead of attending workshops must pay the 
 10.6   equivalent workshop fee for the reexamination as determined by 
 10.7   the commissioner. 
 10.8      Sec. 6.  Minnesota Statutes 1994, section 18B.33, 
 10.9   subdivision 1, is amended to read: 
 10.10     Subdivision 1.  [REQUIREMENT.] (a) A person may not apply a 
 10.11  pesticide for hire without a commercial applicator license for 
 10.12  the appropriate use categories or a structural pest control 
 10.13  license or commercial aquatic pest control license.  
 10.14     (b) A person with a commercial applicator license may not 
 10.15  apply pesticides on or into surface waters without a commercial 
 10.16  an aquatic pest control license under section 18B.32, except a 
 10.17  commercial an aquatic pest control license is not required for 
 10.18  licensed commercial applicators applying pesticides for the 
 10.19  purposes of:  
 10.20     (1) pest control on cultivated wild rice; 
 10.21     (2) mosquito and black fly control operations; 
 10.22     (3) pest control on rights-of-way; 
 10.23     (4) aerial pest control operations for emergent vegetation 
 10.24  control; 
 10.25     (5) aerial application of piscicides; and 
 10.26     (6) pest control for silvicultural operations. 
 10.27     (c) A commercial applicator licensee must have a valid 
 10.28  license identification card when applying pesticides for hire 
 10.29  and must display it upon demand by an authorized representative 
 10.30  of the commissioner or a law enforcement officer.  The 
 10.31  commissioner shall prescribe the information required on the 
 10.32  license identification card.  
 10.33     Sec. 7.  Minnesota Statutes 1994, section 18B.34, 
 10.34  subdivision 1, is amended to read: 
 10.35     Subdivision 1.  [REQUIREMENT.] (a) Except for a licensed 
 10.36  commercial applicator, certified private applicator, a licensed 
 11.1   aquatic pest control applicator, or licensed structural pest 
 11.2   control applicator, a person, including a government employee, 
 11.3   may not use a restricted use pesticide in performance of 
 11.4   official duties without having a noncommercial applicator 
 11.5   license for an appropriate use category.  
 11.6      (b) A licensed noncommercial applicator may not apply 
 11.7   pesticides into or on surface waters without a certified an 
 11.8   aquatic pest control license, except a certified an aquatic pest 
 11.9   control license is not required for licensed noncommercial 
 11.10  applicators applying pesticides for the purposes of:  
 11.11     (1) mosquito and black fly control operations; 
 11.12     (2) pest control on rights-of-way; 
 11.13     (3) pest control operations for purple loosestrife control; 
 11.14     (4) application of piscicides; and 
 11.15     (5) pest control for silvicultural operations.  
 11.16     (c) A licensee must have a valid license identification 
 11.17  card when applying pesticides and must display it upon demand by 
 11.18  an authorized representative of the commissioner or a law 
 11.19  enforcement officer.  The license identification card must 
 11.20  contain information required by the commissioner.  
 11.21     Sec. 8.  Minnesota Statutes 1994, section 18C.005, 
 11.22  subdivision 6, is amended to read: 
 11.23     Subd. 6.  [COMPOST.] "Compost" is a material derived 
 11.24  primarily or entirely from biological decomposition of 
 11.25  vegetative organic matter or animal manure that does not have 
 11.26  inorganic fertilizer added other than to promote decomposition 
 11.27  biologically stable material derived from the composting process.
 11.28     Sec. 9.  Minnesota Statutes 1994, section 18C.005, is 
 11.29  amended by adding a subdivision to read: 
 11.30     Subd. 6a.  [COMPOSTING.] "Composting" is the biological 
 11.31  decomposition of organic matter.  It is accomplished by mixing 
 11.32  and piling in such a way as to promote aerobic or anaerobic 
 11.33  decay or both.  The process inhibits pathogens, viable weed 
 11.34  seeds, and odors. 
 11.35     Sec. 10.  Minnesota Statutes 1994, section 18C.005, 
 11.36  subdivision 13, is amended to read: 
 12.1      Subd. 13.  [GRADE.] "Grade" means the percentage of total 
 12.2   nitrogen (N), available phosphate (P2O5), and soluble potash (K2 
 12.3   O) stated in whole numbers in the same terms, order, and 
 12.4   percentages as in the guaranteed analysis except the grade 
 12.5   of custom blends and their raw materials, bone meals, manures, 
 12.6   and similar raw materials may be stated in fractional units, and 
 12.7   specialty fertilizers may be stated in fractional units of less 
 12.8   than one percent of total nitrogen, available phosphate, and 
 12.9   soluble potash.  
 12.10     Sec. 11.  Minnesota Statutes 1994, section 18C.005, 
 12.11  subdivision 20, is amended to read: 
 12.12     Subd. 20.  [MOBILE MECHANICAL UNIT.] "Mobile mechanical 
 12.13  unit" means a portable machine or apparatus used to blend, mix, 
 12.14  or manufacture fertilizers. 
 12.15     Sec. 12.  Minnesota Statutes 1994, section 18C.005, 
 12.16  subdivision 22, is amended to read: 
 12.17     Subd. 22.  [ORGANIC FERTILIZER.] "Organic fertilizer" in 
 12.18  reference to fertilizer nutrients refers only to naturally 
 12.19  occurring substances generally recognized as the hydrogen 
 12.20  compounds of carbon and their derivatives or synthetic products 
 12.21  of similar composition with a water insoluble nitrogen content 
 12.22  of at least 60 percent of the guaranteed total nitrogen means a 
 12.23  material containing carbon and one or more elements other than 
 12.24  hydrogen and oxygen essential for plant growth.  
 12.25     Sec. 13.  Minnesota Statutes 1994, section 18C.005, 
 12.26  subdivision 33, is amended to read: 
 12.27     Subd. 33.  [SOIL AMENDMENT.] "Soil amendment" means a 
 12.28  substance intended to improve the structural, physical, or 
 12.29  biological characteristics of the soil or modify organic matter 
 12.30  at or near the soil surface, except fertilizers, agricultural 
 12.31  liming materials, pesticides, and other materials exempted by 
 12.32  the commissioner's rules.  
 12.33     Sec. 14.  Minnesota Statutes 1994, section 18C.005, 
 12.34  subdivision 34, is amended to read: 
 12.35     Subd. 34.  [SPECIALTY FERTILIZER.] "Specialty fertilizer" 
 12.36  means a fertilizer labeled and distributed for, but not limited 
 13.1   to, the following uses:  commercial gardening, greenhouses, 
 13.2   nurseries, sod farms, home gardens, house plants, lawn 
 13.3   fertilizer that is not custom applied, shrubs, golf courses, 
 13.4   municipal parks, and cemeteries, and research or experimental 
 13.5   uses. 
 13.6      Sec. 15.  Minnesota Statutes 1994, section 18C.115, 
 13.7   subdivision 2, is amended to read: 
 13.8      Subd. 2.  [ADOPTION OF NATIONAL STANDARDS.] Applicable 
 13.9   national standards contained in the 1993 1996 official 
 13.10  publication, number 46 49, of the Association of American Plant 
 13.11  Food Control Officials including the rules and regulations, 
 13.12  statements of uniform interpretation and policy, and the 
 13.13  official fertilizer terms and definitions, and not otherwise 
 13.14  adopted by the commissioner, may be adopted as fertilizer rules 
 13.15  of this state. 
 13.16     Sec. 16.  Minnesota Statutes 1994, section 18C.215, 
 13.17  subdivision 1, is amended to read: 
 13.18     Subdivision 1.  [LABEL CONTENTS PACKAGED FERTILIZERS.] (a) 
 13.19  A person may not sell or distribute specialty fertilizer in bags 
 13.20  or other containers in this state unless a label is placed on or 
 13.21  affixed to the bag or container stating in a clear, legible, and 
 13.22  conspicuous form the following information:  
 13.23     (1) the net weight; 
 13.24     (2) the brand and grade, except (i) the grade is not 
 13.25  required if primary nutrients are not claimed, and (ii) the 
 13.26  grade on the label is optional if the fertilizer is used only 
 13.27  for agricultural purposes and the guaranteed analysis statement 
 13.28  is shown in the complete form as in section 18C.211; 
 13.29     (3) the guaranteed analysis; 
 13.30     (4) the name and address of the guarantor; 
 13.31     (5) directions for use; and 
 13.32     (6) a derivatives statement.  
 13.33     (b) A person may not sell or distribute fertilizer for 
 13.34  agricultural purposes in bags or other containers in this state 
 13.35  unless a label is placed on or affixed to the bag or container 
 13.36  stating in a clear, legible, and conspicuous form the 
 14.1   information listed in paragraph (a), clauses (1) to (4), except: 
 14.2      (1) the grade is not required if primary nutrients are not 
 14.3   claims; and 
 14.4      (2) the grade on the label is optional if the fertilizer is 
 14.5   used only for agricultural purposes and the guaranteed analysis 
 14.6   statement is shown in the complete form as in section 18C.211. 
 14.7      (c) The labeled information must appear:  
 14.8      (1) on the face front or display back side of the container 
 14.9   in a conspicuous form; 
 14.10     (2) on the upper one-third of the side of the container; 
 14.11     (3) on the upper end of the container; or 
 14.12     (4) printed on tags a tag affixed conspicuously to the 
 14.13  upper end of the container. 
 14.14     Sec. 17.  Minnesota Statutes 1994, section 18C.215, 
 14.15  subdivision 2, is amended to read: 
 14.16     Subd. 2.  [BLENDED, MIXED, BULK, AND MIXED CUSTOM APPLIED 
 14.17  FERTILIZER.] (a) A distributor who blends or mixes fertilizer to 
 14.18  a customer's order without a guaranteed analysis of the final 
 14.19  mixture or distributes fertilizer in bulk, must furnish each 
 14.20  purchaser with an invoice or delivery ticket in written or 
 14.21  printed form showing: 
 14.22     (1) the net weight, name and address of the guarantor, and 
 14.23  guaranteed analysis of each of the materials used in the mixture.
 14.24     (b)  Records and the name and address of the guarantor; or 
 14.25     (2) the net weight and guaranteed analysis of the final 
 14.26  mixture and the name and address of the guarantor. 
 14.27     (b) A person may not custom apply specialty fertilizer in 
 14.28  this state unless a label, invoice, or delivery ticket is given 
 14.29  to each purchaser stating in a clear, legible, and conspicuous 
 14.30  form the following information: 
 14.31     (1) the net weight, which may be listed as the total net 
 14.32  weight applied or the net weight applied per unit treated; 
 14.33     (2) the guaranteed analysis; 
 14.34     (3) the name and address of the guarantor; 
 14.35     (4) the number of units treated in square feet, acres, or 
 14.36  another unit of measure; and 
 15.1      (5) a derivative statement; 
 15.2      (c) Copies of invoices or delivery tickets must be kept for 
 15.3   five years after the sale, delivery, or application.  
 15.4      Sec. 18.  Minnesota Statutes 1994, section 18C.415, 
 15.5   subdivision 1, is amended to read: 
 15.6      Subdivision 1.  [LICENSE REQUIRED.] (a) A person may not 
 15.7   sell or distribute bulk fertilizers for use on agricultural 
 15.8   lands, custom apply fertilizers, or manufacture, blend, or 
 15.9   otherwise manipulate fertilizers without obtaining a license 
 15.10  from the commissioner from each fixed location where the person 
 15.11  does business within the state and one license for all fixed 
 15.12  locations that are located outside of the state.  
 15.13     (b) A distributor may not manipulate fertilizer by means of 
 15.14  a mobile mechanical unit without a license from the commissioner 
 15.15  for each mobile mechanical unit.  For the purposes of this 
 15.16  section, fertilizer application equipment owned or operated by a 
 15.17  person licensed under paragraph (a) is not considered a mobile 
 15.18  mechanical unit. 
 15.19     Sec. 19.  Minnesota Statutes 1994, section 18C.531, is 
 15.20  amended by adding a subdivision to read: 
 15.21     Subd. 5a.  [CALCIUM CARBONATE EQUIVALENT; CCE.] "Calcium 
 15.22  carbonate equivalent" or "CCE" means the acid neutralizing 
 15.23  capacity of an agricultural liming material expressed as a 
 15.24  weight percentage of pure calcium carbonate.  CCE is often 
 15.25  referred to as the "chemical purity" of an agricultural liming 
 15.26  material. 
 15.27     Sec. 20.  Minnesota Statutes 1994, section 18C.531, 
 15.28  subdivision 8, is amended to read: 
 15.29     Subd. 8.  [ENP.] "ENP" means effective neutralizing power 
 15.30  and is an expression of the neutralizing value of liming 
 15.31  material based on the TNP calcium carbonate equivalent and 
 15.32  fineness which is expressed as a dry weight percentage.  
 15.33     Sec. 21.  Minnesota Statutes 1994, section 18C.545, 
 15.34  subdivision 2, is amended to read: 
 15.35     Subd. 2.  [BAGGED AND BULK SHIPMENT LABEL.] If agricultural 
 15.36  liming material is transported or sold in bags or bulk, an 
 16.1   invoice or delivery ticket in written or printed form as 
 16.2   required by subdivision 1 must accompany each delivery and be 
 16.3   supplied to each purchaser at the time of delivery.  
 16.4      Sec. 22.  Minnesota Statutes 1994, section 18E.03, 
 16.5   subdivision 4, is amended to read: 
 16.6      Subd. 4.  [FEE.] (a) The response and reimbursement fee 
 16.7   consists of the surcharges and any adjustments made by the 
 16.8   commissioner in this subdivision and shall be collected by the 
 16.9   commissioner.  The amount of the response and reimbursement fee 
 16.10  shall be determined and imposed annually by the commissioner as 
 16.11  required to satisfy the requirements in subdivision 3.  The 
 16.12  commissioner shall adjust the amount of the surcharges imposed 
 16.13  in proportion to the amount of the surcharges listed in this 
 16.14  subdivision. 
 16.15     (b) The commissioner shall impose a surcharge on pesticides 
 16.16  registered under chapter 18B to be collected as a surcharge on 
 16.17  the registration application fee under section 18B.26, 
 16.18  subdivision 3, that is equal to 0.1 percent of sales of the 
 16.19  pesticide in the state and sales of pesticides for use in the 
 16.20  state during the previous calendar year, except the surcharge 
 16.21  may not be imposed on pesticides that are sanitizers or 
 16.22  disinfectants as determined by the commissioner.  The registrant 
 16.23  shall determine when and which pesticides are sold or used in 
 16.24  this state.  The registrant shall secure sufficient sales 
 16.25  information of pesticides distributed into this state from 
 16.26  distributors and dealers, regardless of distributor location, to 
 16.27  make a determination.  Sales of pesticides in this state and 
 16.28  sales of pesticides for use in this state by out-of-state 
 16.29  distributors are not exempt and must be included in the 
 16.30  registrant's annual report, as required under section 18B.26, 
 16.31  subdivision 3, paragraph (c), and fees shall be paid by the 
 16.32  registrant based upon those reported sales.  Sales of pesticides 
 16.33  in the state for use outside of the state are exempt from the 
 16.34  surcharge in this paragraph if the registrant properly documents 
 16.35  the sale location and the distributors. 
 16.36     (c) The commissioner shall impose a ten cents per ton 
 17.1   surcharge on the inspection fee under section 18C.425, 
 17.2   subdivision 6, for fertilizers, soil amendments, and plant 
 17.3   amendments.  
 17.4      (d) The commissioner shall impose a surcharge on the 
 17.5   license application of persons licensed under chapters 18B and 
 17.6   18C consisting of: 
 17.7      (1) a $75 surcharge for each site where pesticides are 
 17.8   stored or distributed, to be imposed as a surcharge on pesticide 
 17.9   dealer application fees under section 18B.31, subdivision 5; 
 17.10     (2) a $75 surcharge for each site where a fertilizer, plant 
 17.11  amendment, or soil amendment is distributed, to be imposed on 
 17.12  persons licensed under sections 18C.415 and 18C.425; 
 17.13     (3) a $50 surcharge to be imposed on a structural pest 
 17.14  control applicator license application under section 18B.32, 
 17.15  subdivision 6, for business license applications only; 
 17.16     (4) a $20 surcharge to be imposed on commercial applicator 
 17.17  license application fees under section 18B.33, subdivision 7; 
 17.18  and 
 17.19     (5) a $20 surcharge to be imposed on noncommercial 
 17.20  applicator license application fees under section 18B.34, 
 17.21  subdivision 5, except a surcharge may not be imposed on a 
 17.22  noncommercial applicator that is a state agency, political 
 17.23  subdivision of the state, the federal government, or an agency 
 17.24  of the federal government; and 
 17.25     (6) a $20 surcharge to be imposed on aquatic pest control 
 17.26  licenses under section 18B.315. 
 17.27     (e) A $1,000 fee shall be imposed on each site where 
 17.28  pesticides are stored and sold for use outside of the state 
 17.29  unless:  
 17.30     (1) the distributor properly documents that it has less 
 17.31  than $2,000,000 per year in wholesale value of pesticides stored 
 17.32  and transferred through the site; or 
 17.33     (2) the registrant pays the surcharge under paragraph (b) 
 17.34  and the registration fee under section 18B.26, subdivision 3, 
 17.35  for all of the pesticides stored at the site and sold for use 
 17.36  outside of the state. 
 18.1      (f) Paragraphs (c) to (e) apply to sales, licenses issued, 
 18.2   applications received for licenses, and inspection fees imposed 
 18.3   on or after July 1, 1990. 
 18.4      Sec. 23.  [REPEALER.] 
 18.5      Minnesota Statutes 1994, section 18C.531, subdivision 26, 
 18.6   is repealed. 
 18.7      Sec. 24.  [EFFECTIVE DATE.] 
 18.8      Section 18 is effective retroactive to December 30, 1995.