Minnesota Legislature
SF 1594
as introduced - 92nd Legislature (2021 - 2022) Posted on 03/02/2021 09:05am
Current Version - as introduced
1.8 1.9 1.10 1.11
1.12 1.13 1.14 1.15 1.16 1.17
1.18 1.19 1.20 1.21
2.1 2.2 2.3 2.4 2.5
2.6 2.7 2.8 2.9 2.10
2.11 2.12 2.13 2.14 2.15
2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24
2.25 2.26 2.27 2.28 2.29 2.30 3.1 3.2
3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21
3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18
4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32
A bill for an act
relating to agriculture; making policy changes related to treated seed; requiring
treated seed enrollment; amending Minnesota Statutes 2020, sections 18B.01,
subdivisions 8, 31, by adding subdivisions; 18B.03, subdivisions 1, 4; 18B.04;
18B.305, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 18B.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2020, section 18B.01, subdivision 8, is amended to read:
Subd. 8.
Distribute.
"Distribute" means offer for sale, sell, barter, ship, deliver for
shipment, receive and deliver, and offer to deliver pesticides new text begin or treated seed new text end in this state or
into this state.
Sec. 2.
Minnesota Statutes 2020, section 18B.01, is amended by adding a subdivision to
read:
new text begin Subd. 30b. new text end
new text begin Treated seed. new text end
new text begin
"Treated seed" means seed that has an agricultural pesticide
directly applied to the seed before planting and classified by the United States Environmental
Protection Agency as a "treated article or substance" under Code of Federal Regulations,
title 40, section 152.25(a).
new text end
Sec. 3.
Minnesota Statutes 2020, section 18B.01, is amended by adding a subdivision to
read:
new text begin Subd. 30c. new text end
new text begin Treated seed dealer. new text end
new text begin
"Treated seed dealer" means a person who distributes
treated seed in the state or into the state to a treated seed end user.
new text end
Sec. 4.
Minnesota Statutes 2020, section 18B.01, is amended by adding a subdivision to
read:
new text begin Subd. 30d. new text end
new text begin Treated seed distributor. new text end
new text begin
"Treated seed distributor" means a person that
applies an agricultural pesticide to seed and who distributes treated seed in the state or into
the state.
new text end
Sec. 5.
Minnesota Statutes 2020, section 18B.01, is amended by adding a subdivision to
read:
new text begin Subd. 30e. new text end
new text begin Treated seed end user. new text end
new text begin
"Treated seed end user" means a person who plants
or intends to plant treated seed. A treated seed end user does not include a treated seed
dealer or a treated seed distributor.
new text end
Sec. 6.
Minnesota Statutes 2020, section 18B.01, subdivision 31, is amended to read:
Subd. 31.
Unreasonable adverse effects on the environment.
"Unreasonable adverse
effects on the environment" means any unreasonable risk to humans or the environment,
taking into account the economic, social, and environmental costs and benefits of the use
of any pesticidenew text begin or treated seednew text end .
Sec. 7.
Minnesota Statutes 2020, section 18B.03, subdivision 1, is amended to read:
Subdivision 1.
Administration by commissioner.
The commissioner shall administer,
implement, and enforce this chapter and the Department of Agriculture is the lead state
agency for the regulation of pesticidesnew text begin and treated seednew text end . The commissioner has the sole
regulatory authority over the terrestrial application of pesticides, including, but not limited
to, the application of pesticides to agricultural crops, structures, and other nonaquatic
environments. Except as provided in subdivision 3, a state agency other than the Department
of Agriculture shall not regulate or require permits for the terrestrial or nonaquatic application
of pesticides.
Sec. 8.
Minnesota Statutes 2020, section 18B.03, subdivision 4, is amended to read:
Subd. 4.
Pollinator enforcement.
The commissioner may take enforcement action under
chapter 18D for a violation of this chapter, or any rule adopted under this chapter, that results
in harm to pollinators, including but not limited to new text begin the use of treated seed, new text end applying a pesticide
in a manner inconsistent with the pesticide product's label or labeling and resulting in
pollinator death or willfully applying pesticide in a manner inconsistent with the pesticide
product's label or labeling. The commissioner must deposit any penalty collected under this
subdivision in the pesticide regulatory account in section 18B.05.
Sec. 9.
Minnesota Statutes 2020, section 18B.04, is amended to read:
18B.04 PESTICIDE IMPACT ON ENVIRONMENT.
(a) The commissioner shall:
(1) determine the impact of pesticides on the environment, including the impacts on
surface water and groundwater in this state;
(2) develop best management practices involving pesticide new text begin or treated seed new text end distribution,
storage, handling, use, and disposal; and
(3) cooperate with and assist other state agencies and local governments to protect public
health, pollinators, and the environment from harmful exposure to pesticidesnew text begin or treated seednew text end .
(b) The commissioner may assemble a group of experts under section 16C.10, subdivision
2, to consult in the investigation of pollinator deaths or illnesses. The group of experts may
include representatives from local, state, and federal agencies; academia, including the
University of Minnesota; the state pollinator bank; or other professionals as deemed necessary
by the commissioner. The amount necessary for the purposes of this paragraph, not to exceed
$100,000 per fiscal year, is appropriated from the pesticide regulatory account in section
18B.05.
new text begin
(c) The commissioner may engage the University of Minnesota and others in conducting
research and demonstration projects related to treated seed, and developing recommended
best management practices for the use of treated seed.
new text end
Sec. 10.
Minnesota Statutes 2020, section 18B.305, subdivision 1, is amended to read:
Subdivision 1.
Education and training.
(a) The commissioner, as the lead agency, shall
develop, implement or approve, and evaluate, in consultation with University of Minnesota
Extension, the Minnesota State Colleges and Universities system, and other educational
institutions, innovative educational and training programs addressing pesticidenew text begin and pest
managementnew text end concerns including:
(1) water quality protection;
(2) endangered species protection;
(3) minimizing pesticide residues in food and water;
(4) worker protection and applicator safety;
(5) chronic toxicity;
(6) integrated pest management and pest resistance;
(7) pesticide disposal;
(8) pesticide drift;
new text begin
(9) treated seed;
new text end
deleted text begin (9)deleted text end new text begin (10)new text end relevant laws including pesticide labels and labeling and state and federal rules
and regulations;
deleted text begin (10)deleted text end new text begin (11)new text end current science and technology updates; and
deleted text begin (11)deleted text end new text begin (12)new text end thresholds and guidance to reduce the impacts of insecticide on pollinators.
(b) The commissioner shall appoint educational planning committees which must include
representatives of industry and applicators.
(c) Specific current regulatory concerns must be discussed and, if appropriate,
incorporated into each training session. Relevant changes to pesticide product labels or
labeling or state and federal rules and regulations may be included.
(d) The commissioner may approve programs from private industry, higher education
institutions, and nonprofit organizations that meet minimum requirements for education,
training, and certification.
Sec. 11.
new text begin
[18B.306] TREATED SEED DISTRIBUTOR ENROLLMENT AND
REPORTING.
new text end
new text begin Subdivision 1. new text end
new text begin Requirement. new text end
new text begin
(a) A treated seed distributor must not distribute treated
seed for use in the state without first enrolling with the commissioner pursuant to subdivision
4.
new text end
new text begin
(b) Each location or place of business from which a treated seed distributor distributes
treated seed for use in the state is required to have a separate treated seed distributor
enrollment.
new text end
new text begin Subd. 2. new text end
new text begin Exemption. new text end
new text begin
A person who is a treated seed dealer or treated seed end user
under this chapter is exempt from the requirement of subdivision 1.
new text end
new text begin Subd. 3. new text end
new text begin Enrollment. new text end
new text begin
A treated seed distributor's enrollment certification:
new text end
new text begin
(1) is issued by the commissioner upon receipt and review of a completed initial or
renewal application;
new text end
new text begin
(2) is valid for one year and expires on January 31 of each year;
new text end
new text begin
(3) is not transferable from one location or place of business to another location or place
of business; and
new text end
new text begin
(4) must be maintained at the treated seed distributor's place of business.
new text end
new text begin Subd. 4. new text end
new text begin Application. new text end
new text begin
(a) A person must apply for enrollment of a treated seed distributor
location to the commissioner on forms and in a manner approved by the commissioner.
new text end
new text begin
(b) The applicant must be the person in charge of each location or place of business from
which treated seed is distributed for use in the state.
new text end
new text begin
(c) The commissioner may require that the applicant provide other information considered
pertinent by the commissioner.
new text end
new text begin
(d) An enrolled treated seed distributor who changes the distributor's name, address, or
place of business must immediately notify the commissioner of the change.
new text end
new text begin
(e) Beginning January 31, 2023, an application for renewal of a treated seed enrollment
is complete only when a satisfactory report under subdivision 6 is received by the
commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Records. new text end
new text begin
A person enrolled as a treated seed distributor must maintain for five
years at the person's principal place of business accurate records of distributions for use in
the state of treated seed, including those of its branch locations. The records shall be made
available for audit under this chapter and chapter 18D.
new text end
new text begin Subd. 6. new text end
new text begin Report of treated seed distribution to commissioner. new text end
new text begin
A person who is a
treated seed distributor who distributes for use in the state treated seed shall, no later than
January 31 of each year, report to commissioner the amount and type of each agricultural
pesticide used to produce treated seed distributed for use in the state. The commissioner
shall specify the form of the report or approve the method for submittal of the report and
may require additional information deemed necessary to determine the amount and type of
agricultural pesticide annually distributed for use in the state. The information required shall
include the brand names, United States Environmental Protection Agency registration
numbers, and amount of each agricultural pesticides applied to treated seed distributed for
use in the state. The information collected, if made public, shall be reported in a manner
that does not identify a specific brand name in the report.
new text end