HF 3694

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; authorizing the Department of Health to assess the public
health risks of carcinogenic and endocrine disrupting pesticides; proposing
coding for new law in Minnesota Statutes, chapter 144.

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

Section 1.

new text begin [144.0711] REGISTRATION AND CONTROL OF CARCINOGENIC
AND ENDOCRINE DISRUPTING PESTICIDES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Pesticide" has the meaning given in section 18B.01,
subdivision 18.
new text end

new text begin (b) "Probable carcinogenic pesticide" means a pesticide that has been identified by
the United States Environmental Protection Agency as a probable carcinogen.
new text end

new text begin (c) "Known carcinogenic pesticide" means a pesticide that has been identified by the
United States Environmental Protection Agency as a known carcinogen.
new text end

new text begin (d) "Endocrine-disrupting pesticide" means a pesticide that has been identified by
the commissioner as interfering with, altering, or mimicking hormones or the functioning
of hormones in living beings.
new text end

new text begin Subd. 2. new text end

new text begin Authority. new text end

new text begin (a) The commissioner shall review all pesticide registration
applications filed with the Department of Agriculture for known and probable carcinogenic
pesticides and for all endocrine-disrupting pesticides, and has final authority on whether
those pesticides may be registered for use in this state and on any restrictions that
may be placed on their use. This authority and obligation may not be waived. The
commissioner shall consider the criteria in this paragraph and the factors in subdivision
3, and shall place restrictions on or deny registration and registration renewal for any
known or probable carcinogenic pesticide or any endocrine-disrupting pesticide, unless
the commissioner determines that public health benefits clearly outweigh the risk of harm
to the public health, including, but not limited to, chemical castration, cancer, or harm to
fetal development, especially considering vulnerable populations, such as children, the
elderly, and women of child-bearing age. The commissioner shall consider whether the
pesticide is needed for disease control or use in hospitals or other health care facilities, and
whether there are any alternatives to the pesticide.
new text end

new text begin (b) The commissioner may request additional information from the applicant as the
commissioner considers necessary.
new text end

new text begin (c) Pesticide registration applications must continue to be filed on an annual basis
with the commissioner of agriculture. For known or probable carcinogen pesticides
and for endocrine-disrupting pesticides, the commissioner of agriculture shall forward
copies of the applications to the commissioner immediately for review and registration
determination.
new text end

new text begin (d) The commissioner may cancel registration of any known or probable
carcinogenic pesticide or endocrine-disrupting pesticide or place restrictions on their use,
considering the criteria in paragraph (a).
new text end

new text begin (e) The authority given the commissioner in this section may be delegated to
designated employees within the Department of Health, but not to any other government
agency or its employees.
new text end

new text begin Subd. 3. new text end

new text begin Factors for registration determinations. new text end

new text begin The commissioner shall
consider the following factors in restriction and registration determinations:
new text end

new text begin (1) presence in groundwater;
new text end

new text begin (2) presence in surface water that is classified as a drinking water source;
new text end

new text begin (3) actions against or agreements or stipulations with pesticide manufacturers on
particular pesticides by the United States Environmental Protection Agency; and
new text end

new text begin (4) limitations on the use of the pesticide in other jurisdictions. new text end