HF 3085

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public health and the health of livestock; 
  1.3             protecting the right of Minnesota citizens to protect 
  1.4             their health and the health of their children and 
  1.5             livestock through access to pesticides application 
  1.6             information; amending Minnesota Statutes 2002, section 
  1.7             18B.37, subdivisions 2, 5. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 18B.37, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [COMMERCIAL AND, NONCOMMERCIAL, AND PRIVATE 
  1.12  APPLICATORS.] (a) A commercial or, noncommercial, or private 
  1.13  applicator, or the applicator's authorized agent, must maintain 
  1.14  a record of pesticides used on each site.  Noncommercial and 
  1.15  private applicators must keep records only of restricted use 
  1.16  pesticides.  The record must include the: 
  1.17     (1) date of the pesticide use; 
  1.18     (2) time the pesticide application was completed; 
  1.19     (3) brand name of the pesticide, the United States 
  1.20  Environmental Protection Agency registration number, and dosage 
  1.21  used; 
  1.22     (4) number of units treated; 
  1.23     (5) temperature, wind speed, and wind direction; 
  1.24     (6) location of the site where the pesticide was applied; 
  1.25     (7) name and address of the customer, if applicable; 
  1.26     (8) name and signature of applicator, name of company, 
  2.1   license number of applicator, and address of applicator company, 
  2.2   if applicable; and 
  2.3      (9) any other information required by the commissioner. 
  2.4      (b) Portions of records not relevant to a specific type of 
  2.5   application may be omitted upon approval from the commissioner.  
  2.6      (c) All information for this record requirement must be 
  2.7   contained in a single page document for each pesticide 
  2.8   application, except a map may be attached to identify treated 
  2.9   areas.  For the rights-of-way and wood preservative categories, 
  2.10  the required record may not exceed five pages.  An invoice 
  2.11  containing the required information may constitute the required 
  2.12  record.  The commissioner shall make sample forms available to 
  2.13  meet the requirements of this paragraph. 
  2.14     (d) A commercial applicator must give a copy of the record 
  2.15  to the customer.  
  2.16     (e) Records must be retained by the applicator, company, or 
  2.17  authorized agent for five years after the date of treatment.  
  2.18     (f) Records must be filed with the commissioner on a 
  2.19  monthly basis and may be filed electronically. 
  2.20     Sec. 2.  Minnesota Statutes 2002, section 18B.37, 
  2.21  subdivision 5, is amended to read: 
  2.22     Subd. 5.  [INSPECTION OF RECORDS.] The commissioner may 
  2.23  enter a commercial, noncommercial, or structural pest control 
  2.24  applicator's business and inspect the records required in this 
  2.25  section at any reasonable time and may make copies of the 
  2.26  records.  Unless required for enforcement of this chapter, the 
  2.27  information in the records in this section is private or 
  2.28  nonpublic.