SF 2055

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; authorizing the Department of Health to review registrations
and assess the public health risks of carcinogenic and endocrine-disrupting
pesticides and high-potency nervous system toxins; proposing coding for new
law in Minnesota Statutes, chapter 144.

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

Section 1.

new text begin [144.0711] REGISTRATION AND CONTROL OF CARCINOGENIC
AND ENDOCRINE-DISRUPTING PESTICIDES AND NERVOUS SYSTEM
TOXIN PESTICIDES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) "Pesticide" has the meaning given in section 18B.01,
subdivision 18.
new text end

new text begin (b) "Probable carcinogenic pesticide" means a pesticide that has been identified by
the United States Environmental Protection Agency as a probable carcinogen.
new text end

new text begin (c) "Known carcinogenic pesticide" means a pesticide that has been identified by the
United States Environmental Protection Agency as a known carcinogen.
new text end

new text begin (d) "Endocrine-disrupting pesticide" means a pesticide that has been identified by
the commissioner of health as interfering with, altering, or mimicking hormones or the
functioning of hormones in living beings.
new text end

new text begin (e) "High-potency nervous system toxin" means a pesticide that acts on the
mammalian nervous system and is classified by the United States Environmental
Protection Agency as Toxicity Class I or Class II based on lethal dose in mammals.
new text end

new text begin Subd. 2. new text end

new text begin Authority. new text end

new text begin (a) The commissioner of health shall review all pesticide
registration applications filed with the commissioner of agriculture for known and probable
carcinogenic pesticides, endocrine-disrupting pesticides, and high-potency nervous system
toxins, and may review other pesticides if there is scientific evidence of increased risk to
public health and safety. The commissioner of health has final authority on whether those
pesticides may be registered for use in this state and on any restrictions that may be placed
on pesticide use. This authority and obligation may not be waived. The commissioner of
health shall consider the criteria in this paragraph and the factors in subdivision 3, and
shall place restrictions, deny registration or registration renewal, or cancel registration as
necessary to ensure that pesticides are not registered for uses other than those where the
commissioner of health determines that public health benefits outweigh the risk of harm to
public health, including, but not limited to, the risk of cancer, chemical castration, or harm
to fetal development, especially considering vulnerable populations, such as children,
the elderly, and women of childbearing age. The commissioner of health shall consider
whether the pesticide is needed for disease control or use in hospitals or other health care
facilities, and whether there are any alternatives to the use of pesticides.
new text end

new text begin (b) The commissioner of health may request additional information from the
applicant as the commissioner considers necessary.
new text end

new text begin (c) Pesticide registration applications must continue to be filed on an annual
basis with the commissioner of agriculture. For known or probable carcinogenic
pesticides, endocrine-disrupting pesticides, and high-potency nervous system toxins, the
commissioner of agriculture shall forward copies of the applications to the commissioner
of health immediately for review and registration determination.
new text end

new text begin (d) The authority given the commissioner of health in this section may be delegated
to designated employees within the Department of Health, but not to any other government
agency or its employees.
new text end

new text begin (e) Any registration determinations or restrictions placed by the commissioner of
health shall take effect on January 1, 2010.
new text end

new text begin Subd. 3. new text end

new text begin Factors for registration determinations. new text end

new text begin The commissioner of health
shall consider the following factors in restriction and registration determinations:
new text end

new text begin (1) presence in groundwater;
new text end

new text begin (2) presence in surface water that is classified as a drinking water source;
new text end

new text begin (3) actions against or agreements or stipulations with pesticide manufacturers on
particular pesticides by the United States Environmental Protection Agency; and
new text end

new text begin (4) limitations on the use of the pesticide in other jurisdictions. new text end