HF 2798

2nd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/29/2014 05:00pm

A bill for an act
relating to environment; prohibiting plants treated with pollinator lethal
insecticide from being labeled or advertised as beneficial to pollinators; amending
Minnesota Statutes 2012, sections 18H.02, by adding a subdivision; 18H.14.

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

Section 1.

Minnesota Statutes 2012, section 18H.02, is amended by adding a
subdivision to read:

new text begin Subd. 28a. new text end

new text begin Pollinator lethal insecticide. new text end

new text begin "Pollinator lethal insecticide" means an
insecticide absorbed by a plant that makes the plant lethal to pollinators. Pollinator lethal
insecticide includes, but is not limited to, the neonicotinoid class of insecticides that affect
the central nervous system of pollinators and may cause pollinator paralysis or death.
new text end

Sec. 2.

Minnesota Statutes 2012, section 18H.14, is amended to read:

18H.14 LABELING AND ADVERTISING OF NURSERY STOCK.

(a) Plants, plant materials, or nursery stock must not be labeled or advertised with
false or misleading information including, but not limited to, scientific name, variety,
place of origin, hardiness zone as defined by the United States Department of Agriculture,
and growth habit.

(b) All nonhardy nursery stock as designated by the commissioner must be labeled
"nonhardy" in Minnesota.

(c) A person may not offer for distribution plants, plant materials, or nursery stock,
represented by some specific or special form of notation, including, but not limited to,
"free from" or "grown free of," unless the plants are produced under a specific program
approved by the commissioner to address the specific plant properties addressed in the
special notation claim.

(d) Nursery stock collected from the wild state must be inspected and certified
prior to sale and at the time of sale must be labeled "Collected from the Wild." The label
must remain on each plant or clump of plants while it is offered for sale and during the
distribution process. The collected stock may be grown in nursery rows at least two years,
after which the plants may be sold without the labeling required by this paragraph.

new text begin (e) A person may not label or advertise an annual, bedding plant, or other plant, plant
material, or nursery stock as beneficial to pollinators if it: (1) has been treated with and
has a detectable level of a pollinator lethal insecticide; (2) has a pollinator protection box
on the insecticide product label; or (3) has a pollinator, bee, or honey bee precautionary
statement in the environmental hazards section of the insecticide product label. The
commissioner of agriculture must develop a list of pesticide active ingredients that are
lethal to pollinators. The commissioner may consult with interested parties in developing
the list. The commissioner shall enforce this paragraph as provided in chapter 18J.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2014.
new text end