Minnesota Legislature
HF 510
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:38am
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A bill for an act
relating to agriculture; changing certain provisions of the pesticide control
law and the fertilizer, soil amendment, and plant amendment law; amending
Minnesota Statutes 2008, sections 18B.065, subdivisions 2, 2a; 18C.415,
subdivision 3; 18C.421; 18C.425, subdivisions 4, 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 18B.065, subdivision 2, is amended to read:
Subd. 2.
Implementation.
(a) The commissioner may obtain a United States
Environmental Protection Agency hazardous waste identification number to manage the
waste pesticides collected.
(b) The commissioner may deleted text begin notdeleted text end limit the type and quantity of waste pesticides
accepted for collection and may deleted text begin notdeleted text end assess pesticide end users for portions of the costs
incurred.
Sec. 2.
Minnesota Statutes 2008, section 18B.065, subdivision 2a, is amended to read:
Subd. 2a.
Disposal site requirement.
(a) For agricultural waste pesticides, the
commissioner must designate a place in each county of the state that is available at least
every year for persons to dispose of unused portions of agricultural pesticides. The
commissioner shall consult with the person responsible for solid waste management
and disposal in each county to determine an appropriate location and to advertise each
collection event.
(b) For residential waste pesticides, the commissioner must provide periodic
disposal opportunities each year in each county. As provided under subdivision 7, the
commissioner may enter into agreements with county or regional solid waste management
entities to provide these collections and shall provide these entities with funding for
reasonable costs incurred including, but not limited to, related supplies, transportation,
advertising, and disposal costs as well as reasonable overhead costs.
(c) A person who collects waste pesticide under paragraph (a) or (b) shallnew text begin , on a
form provided by the commissioner,new text end record information on each waste pesticide product
collected including, but not limited todeleted text begin ,deleted text end new text begin :
new text end
new text begin (1)new text end the deleted text begin product name, active ingredient or ingredients, quantity, and thedeleted text end United
States Environmental Protection Agency registration numberdeleted text begin , on a form provided by the
commissioner.deleted text end new text begin ; ornew text end
new text begin
(2) the product name, active ingredient or ingredients, and the quantity.
new text end
The person must submit this information to the commissioner at least annually.
Sec. 3.
Minnesota Statutes 2008, section 18C.415, subdivision 3, is amended to read:
Subd. 3.
Effective period.
deleted text begin Otherdeleted text end Licenses are for the period from January 1 to the
following December 31 and must be renewed annually by the licensee before January 1. A
license is not transferable from one person to another, from the ownership to whom issued
to another ownership, or from one location to another location.
Sec. 4.
Minnesota Statutes 2008, section 18C.421, is amended to read:
18C.421 deleted text begin DISTRIBUTOR'Sdeleted text end TONNAGE REPORT.
Subdivision 1.
deleted text begin Semiannual statementdeleted text end new text begin Annual tonnage reportnew text end .
(a) Each deleted text begin licensed
distributor of fertilizer and each registrant of a specialty fertilizer, soil amendment, or plant
amendment must file a semiannual statement for the periods ending December 31 and June
30 with the commissioner on forms furnished by the commissioner stating the number of
net tons and grade of each raw fertilizer material distributed or the number of net tons of
each brand or grade of fertilizer, soil amendment, or plant amendmentdeleted text end new text begin registrant under
section 18C.411 and licensee under section 18C.415 shall file an annual tonnage report for
the previous year ending June 30 with the commissioner, on forms provided or approved
by the commissioner, stating the number of net tons of each brand or grade of fertilizer,
soil amendment, or plant amendment distributed in this state or the number of net tons and
grade of each raw fertilizer materialnew text end distributed in this state during the reporting period.
(b) new text begin A new text end tonnage deleted text begin reports aredeleted text end new text begin report isnew text end not required to be deleted text begin filed withdeleted text end new text begin submitted, and an
inspection fee under section 18C.425, subdivision 6, is not required to be paid tonew text end the
commissioner deleted text begin from licenseesdeleted text end new text begin by a licenseenew text end who deleted text begin distributeddeleted text end new text begin distributesnew text end fertilizer solely by
custom application.
(c) deleted text begin A report from a licensee who sells to an ultimate consumer must be accompanied
by records or invoice copies indicating the name of the distributor who paid the inspection
fee, the net tons received, and the grade or brand name of the products received.
deleted text end
deleted text begin (d)deleted text end The new text begin annual tonnage new text end report deleted text begin is duedeleted text end new text begin must be submitted to the commissionernew text end on or
before deleted text begin the last day of the month following the close of each reporting perioddeleted text end new text begin July 31new text end of
each deleted text begin calendardeleted text end year.
deleted text begin (e)deleted text end new text begin (d)new text end The inspection fee at the rate stated in section 18C.425, subdivision 6, must
accompany the statement.
Subd. 2.
Additional reports.
The commissioner may by rule require additional
reports for the purpose of gathering statistical data relating to fertilizer, soil amendments,
and plant amendments distribution in the state.
Subd. 3.
Late new text begin annual new text end report and new text begin inspection new text end fee penalty.
(a) If a deleted text begin distributor does
not file the semiannual statementdeleted text end new text begin registrant or licensee fails to submit an annual tonnage
reportnew text end or pay the inspection deleted text begin feesdeleted text end new text begin fee under section 18C.425, subdivision 6,new text end by deleted text begin 31 days
after the end of the reporting perioddeleted text end new text begin July 31new text end , the commissioner shall assess new text begin the registrant
or licensee new text end a penalty of the greater of deleted text begin $25deleted text end new text begin $50new text end or ten percent of the amount due deleted text begin against
the licensee or registrantdeleted text end .
(b) The fees due, plus the penalty, may be recovered in a civil action against the
licensee or registrant.
(c) The assessment of the penalty does not prevent the commissioner from taking
other actions as provided in this chapternew text begin and sections 18D.301 to 18D.33new text end .
deleted text begin Subd. 4. deleted text end
deleted text begin Responsibility for inspection fees. deleted text end
deleted text begin
If more than one person is involved
in the distribution of a fertilizer, soil amendment, or plant amendment, the distributor
who imports, manufactures, or produces the fertilizer or who has the specialty fertilizer,
soil amendment, or plant amendment registered is responsible for the inspection fee on
products produced or brought into this state. The distributor must separately list the
inspection fee on the invoice to the licensee. The last licensee must retain the invoices
showing proof of inspection fees paid for three years and must pay the inspection fee on
products brought into this state before July 1, 1989, unless the reporting and paying of
fees have been made by a prior distributor of the fertilizer.
deleted text end
Subd. 5.
Verification of deleted text begin statementsdeleted text end new text begin annual tonnage reportnew text end .
The commissioner
may verify the records on which the deleted text begin statement ofdeleted text end new text begin annualnew text end tonnage new text begin report new text end is based.
Sec. 5.
Minnesota Statutes 2008, section 18C.425, subdivision 4, is amended to read:
Subd. 4.
Fee for late application.
If an application for renewal of a deleted text begin fertilizer
license ordeleted text end registration deleted text begin of a specialty fertilizer, soil amendment, or plant amendmentdeleted text end new text begin
under section 18C.411 or a license under section 18C.415new text end is deleted text begin not filed before January 1
or July 1 of a year, as requireddeleted text end new text begin submitted to the commissioner after December 31new text end , an
additional deleted text begin applicationdeleted text end new text begin latenew text end fee of one-half of the amount due must be paid new text begin in addition to
the application fee new text end before the renewal license or registration may be issued.
Sec. 6.
Minnesota Statutes 2008, section 18C.425, subdivision 6, is amended to read:
Subd. 6.
new text begin Payment of new text end inspection deleted text begin feesdeleted text end new text begin feenew text end .
new text begin
(a) The person who registers and
distributes in the state a specialty fertilizer, soil amendment, or plant amendment under
section 18C.411 shall pay the inspection fee to the commissioner.
new text end
new text begin
(b) The person licensed under section 18C.415 who distributes a fertilizer to a person
not required to be so licensed shall pay the inspection fee to the commissioner, except as
exempted under section 18B.421, subdivision 1, paragraph (b).
new text end
new text begin (c) new text end The person responsible for payment of the inspection fees for fertilizers, soil
amendments, or plant amendments sold and used in this state must pay an inspection fee
of 30 cents per ton of fertilizer, soil amendment, and plant amendment sold or distributed
in this state, with a minimum of $10 on all tonnage reports. Products sold or distributed to
manufacturers or exchanged between them are exempt from the inspection fee imposed by
this subdivision if the products are used exclusively for manufacturing purposes.
new text begin
(d) A registrant or licensee must retain invoices showing proof of fertilizer, plant
amendment, or soil amendment distribution amounts and inspection fees paid for a period
of three years.
new text end