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SF 794

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/01/2022 09:01am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to agriculture; requiring additional seed label information; prohibiting
certain seed uses; requiring product stewardship for corn and soybean seed coated
or treated with neonicotinoid pesticide; amending Minnesota Statutes 2020, sections
21.82, subdivisions 3, 6; 21.86, subdivision 2; 21.89, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 21.82, subdivision 3, is amended to read:


Subd. 3.

Treated seed.

For all named agricultural, vegetable, flower, or wildflower
seeds which are treated, for which a separate label may be used, the label must contain:

(1) a word or statement to indicate that the seed has been treated;

(2) the commonly accepted, coined, chemical, or abbreviated generic chemical name of
the applied substance;

(3) the caution statement "Do not use for food, feed, or oil purposes" if the substance in
the amount present with the seed is harmful to human or other vertebrate animals;

(4) in the case of mercurials or similarly toxic substances, a poison statement and symbol;

(5) a word or statement describing the process used when the treatment is not of pesticide
origin; deleted text begin and
deleted text end

(6) the date beyond which the inoculant is considered ineffective if the seed is treated
with an inoculant. It must be listed on the label as "inoculant: expires (month and year)" or
wording that conveys the same meaningdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (7) for corn or soybean seed treated with neonicotinoid pesticide, the following caution
statement framed in a box and including a bee icon approved by the commissioner: "Planting
seed treated with a neonicotinoid pesticide may negatively impact pollinator health. Please
use care when handling and planting this seed. Do not use for food, feed, or oil purposes,
or ethanol production."
new text end

Sec. 2.

Minnesota Statutes 2020, section 21.82, subdivision 6, is amended to read:


Subd. 6.

Coated agricultural seeds.

For coated agricultural seeds the label must contain:

(1) percentage by weight of pure seeds with coating material removed;

(2) percentage by weight of coating material shown as a separate item in close association
with the percentage of inert matter; deleted text begin and
deleted text end

(3) percentage of germination determined on 400 pellets with or without seedsdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (4) for corn or soybean seed coated with neonicotinoid pesticide, the caution statement
required under subdivision 3, clause (7).
new text end

Sec. 3.

Minnesota Statutes 2020, section 21.86, subdivision 2, is amended to read:


Subd. 2.

Miscellaneous violations.

No person may:

(a) detach, alter, deface, or destroy any label required in sections 21.82 and 21.83, alter
or substitute seed in a manner that may defeat the purposes of sections 21.82 and 21.83, or
alter or falsify any seed tests, laboratory reports, records, or other documents to create a
misleading impression as to kind, variety, history, quality, or origin of the seed;

(b) hinder or obstruct in any way any authorized person in the performance of duties
under sections 21.80 to 21.92;

(c) fail to comply with a "stop sale" order or to move or otherwise handle or dispose of
any lot of seed held under a stop sale order or attached tags, except with express permission
of the enforcing officer for the purpose specified;

(d) use the word "type" in any labeling in connection with the name of any agricultural
seed variety;

(e) use the word "trace" as a substitute for any statement which is required;

(f) plant any agricultural seed which the person knows contains weed seeds or noxious
weed seeds in excess of the limits for that seed; deleted text begin or
deleted text end

(g) advertise or sell seed containing patented, protected, or proprietary varieties used
without permission of the patent or certificate holder of the intellectual property associated
with the variety of seeddeleted text begin .deleted text end new text begin ; or
new text end

new text begin (h) use or sell as food, feed, oil, or ethanol feedstock any seed treated or coated with
neonicotinoid pesticide.
new text end

Sec. 4.

Minnesota Statutes 2020, section 21.89, is amended by adding a subdivision to
read:


new text begin Subd. 2a. new text end

new text begin Product stewardship. new text end

new text begin (a) The commissioner must not issue a permit to a
labeler of corn or soybean seed coated or treated with neonicotinoid pesticide unless the
labeler satisfies the requirements of this subdivision. The labeler must, individually or
through a stewardship organization approved by the commissioner, implement and finance
a product stewardship program to collect any unsold or unwanted corn or soybean seed
coated or treated with neonicotinoid pesticide.
new text end

new text begin (b) The labeler must submit to the commissioner the labeler's individual stewardship
plan or documentation demonstrating that the producer has entered into an agreement with
an approved stewardship organization as an active participant in the organization's product
stewardship program.
new text end

new text begin (c) A stewardship plan submitted by a labeler must include:
new text end

new text begin (1) certification that the product stewardship program will accept all unsold or unwanted
corn or soybean seed coated or treated with a neonicotinoid pesticide regardless of which
labeler sold the seed;
new text end

new text begin (2) contact information for the labeler submitting the plan, a list of all labelers
participating in the product stewardship program, and the brands or products covered by
the product stewardship program;
new text end

new text begin (3) a description of the methods by which the discarded seed will be collected in all
applicable areas of the state without reliance on end-of-life fees;
new text end

new text begin (4) a description of how the labeler will monitor and maintain the adequacy of the
collection program;
new text end

new text begin (5) the names and locations of collectors, transporters, and recyclers that will handle
discarded seed;
new text end

new text begin (6) a description of how the discarded seed will be safely and securely transported,
tracked, and handled from collection through final disposal;
new text end

new text begin (7) a description of the promotion and outreach activities that will be used to encourage
participation in the collection program and how the effectiveness of these activities will be
evaluated; and
new text end

new text begin (8) evidence of adequate insurance or other financial assurance that may be required for
responsible collection, handling, and disposal of discarded seed.
new text end

new text begin (d) A labeler or stewardship organization that organizes collection, transport, and disposal
of seed under this subdivision is immune from liability for such conduct under state laws
relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade
or commerce only to the extent that the conduct is necessary to plan and implement the
labeler's or organization's product stewardship program.
new text end

new text begin (e) The labeler must individually or through a stewardship organization submit an annual
report to the commissioner describing the product stewardship program and its outcomes.
At a minimum, the report must describe the methods used to collect, transport, and dispose
of discarded seed and the amounts collected, transported, and disposed.
new text end