HF 2771

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agricultural chemicals; expanding immunity 
  1.3             from liability for certain uses; amending Minnesota 
  1.4             Statutes 1994, section 18D.101. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 18D.101, is 
  1.7   amended to read: 
  1.8      18D.101 [LIABILITY FOR APPLICATION.] 
  1.9      (a) Notwithstanding other law relating to liability for 
  1.10  agricultural chemical use, an end user or landowner is a person 
  1.11  shall not be liable for the cost of active cleanup, or any 
  1.12  losses or damages associated with or resulting from the use of 
  1.13  agricultural chemicals in groundwater if the person has used or 
  1.14  applied or has had others use or apply agricultural chemicals 
  1.15  (i) in compliance with state law, with and any applicable 
  1.16  labeling at the time of application, and (ii) in accordance with 
  1.17  orders of the commissioner. 
  1.18     (b) It is a complete defense for liability if the person 
  1.19  has complied with the provisions in paragraph (a).