HF 3719

1st Engrossment - 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; 
  1.24     (2) the pesticide is intended for mosquito control 
  1.25  operations; 
  2.1      (3) the pesticide application is for control of gypsy moth, 
  2.2   forest tent caterpillar, or other pest species, as determined by 
  2.3   the commissioner, and the pesticide used is a biological agent; 
  2.4   or 
  2.5      (4) the pesticide application is for a public health risk, 
  2.6   as determined by the commissioner of health.  The commissioner 
  2.7   of health, in consultation with the commissioner of agriculture, 
  2.8   must determine the application is warranted based on the 
  2.9   commissioner's balancing of the public health risk with the risk 
  2.10  the application poses to the health of the general population, 
  2.11  with special attention to the health of children. 
  2.12     (d) For pesticide applications under paragraph (c), clauses 
  2.13  (2), (3), and (4), the following conditions apply: 
  2.14     (1) no practicable and effective alternative method of 
  2.15  control exists; 
  2.16     (2) the pesticide is among the least toxic available for 
  2.17  control of the target pest; and 
  2.18     (3) notification of residents in the area to be treated is 
  2.19  provided by direct notification and through publication in a 
  2.20  newspaper of general circulation within the affected area. 
  2.21     (e) For purposes of this subdivision, "direct notification" 
  2.22  may include mailings, public meetings, posted placards, 
  2.23  neighborhood newsletters, or other means of contact designed to 
  2.24  reach as many residents as possible. 
  2.25     (d) (f) A person may not apply a pesticide in a manner so 
  2.26  as to expose a worker in an immediately adjacent, open field. 
  2.27     Sec. 2.  [EFFECTIVE DATE.] 
  2.28     Section 1 is effective the day following final enactment.