SF 1799

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agricultural chemicals; modifying 
  1.3             provisions relating to immunity from liability for 
  1.4             certain uses; amending Minnesota Statutes 1994, 
  1.5             section 18D.101. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 18D.101, is 
  1.8   amended to read: 
  1.9      18D.101 [LIABILITY FOR APPLICATION.] 
  1.10     (a) Notwithstanding other law relating to liability for 
  1.11  agricultural chemical use, an end user or landowner is not 
  1.12  liable for the cost of active cleanup, or damages associated 
  1.13  with or resulting from agricultural chemicals in groundwater if 
  1.14  the person has applied or has had others apply agricultural 
  1.15  chemicals (i) in compliance with state law, with and any 
  1.16  applicable labeling, including precautionary labeling and 
  1.17  applicable preharvest intervals, at the time of application, 
  1.18  and (ii) in accordance with orders of the commissioner. 
  1.19     (b) It is a complete defense for liability if the person 
  1.20  has complied with the provisions in paragraph (a).