HF 3719

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; clarifying the prohibition on 
  1.3             certain application of pesticides; amending Minnesota 
  1.4             Statutes 2000, section 18B.07, subdivision 2. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2000, section 18B.07, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [PROHIBITED PESTICIDE USE.] (a) A person may not 
  1.9   use, store, handle, distribute, or dispose of a pesticide, 
  1.10  rinsate, pesticide container, or pesticide application equipment 
  1.11  in a manner: 
  1.12     (1) that is inconsistent with a label or labeling as 
  1.13  defined by FIFRA; 
  1.14     (2) that endangers humans, damages agricultural products, 
  1.15  food, livestock, fish, or wildlife; or 
  1.16     (3) that will cause unreasonable adverse effects on the 
  1.17  environment.  
  1.18     (b) A person may not direct a pesticide onto property 
  1.19  beyond the boundaries of the target site.  A person may not 
  1.20  apply a pesticide resulting in damage to adjacent property. 
  1.21     (c) A person may not directly apply a pesticide on a human 
  1.22  by overspray or target site spray, except when: 
  1.23     (1) the pesticide is intended for use on a human; or 
  1.24     (2) the following conditions apply: 
  1.25     (i) no practicable and effective alternative method of 
  2.1   control exists; 
  2.2      (ii) the pesticide label does not prohibit an application 
  2.3   that may result in human exposure; 
  2.4      (iii) the pesticide is among the least toxic available for 
  2.5   control of the target pest; and 
  2.6      (iv) notification of residents in the area is provided by 
  2.7   direct notification or through publication in a newspaper of 
  2.8   general circulation within the affected area.  
  2.9      (d) A person may not apply a pesticide in a manner so as to 
  2.10  expose a worker in an immediately adjacent, open field. 
  2.11     [EFFECTIVE DATE.] This section is effective the day 
  2.12  following final enactment.