SF 2449

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; modifying prohibited uses of pesticide; amending
Minnesota Statutes 2006, section 18B.07, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 18B.07, subdivision 2, is amended to read:

Subd. 2.

Prohibited pesticide use.

(a) A person may not use, store, handle,
distribute, or dispose of a pesticide, rinsate, pesticide container, or pesticide application
equipment in a manner:

(1) that is inconsistent with a label or labeling as defined by FIFRA;

(2) that endangers humans, damages agricultural products, food, livestock, fish,
or wildlife; or

(3) that will cause unreasonable adverse effects on the environment.

(b) A person may not direct a pesticide onto property beyond the boundaries of the
target site. A person may not apply a pesticide resulting in damage to adjacent property.

(c) A person may not directly apply a pesticide on a human by overspray or target
site spray, except when:

(1) the pesticide is intended for use on a human;

(2) the pesticide application is for mosquito control operations;

(3) the pesticide application is for control of gypsy moth, forest tent caterpillar,
or other pest species, as determined by the commissioner, and the pesticide used is a
biological agent; or

(4) the pesticide application is for a public health risk, as determined by the
commissioner of health, and the commissioner of health, in consultation with the
commissioner of agriculture, determines that the application is warranted based on
the commissioner's balancing of the public health risk with the risk that the pesticide
application poses to the health of the general population, with special attention to the
health of children.

(d) For pesticide applications under paragraph (c), clause (2), the following
conditions apply:

(1) no practicable and effective alternative method of control exists;

(2) the pesticide is among the least toxic available for control of the target pest; and

(3) notification to residents in the area to be treated is provided at least 24 hours
before application through direct notification, posting daily on the treating organization's
Web site, if any, and by sending a broadcast e-mail to those persons who request
notification of such, of those areas to be treated by adult mosquito control techniques
during the next calendar day. For control operations related to human disease, notice under
this paragraph may be given less than 24 hours in advance.

(e) For pesticide applications under paragraph (c), clauses (3) and (4), the following
conditions apply:

(1) no practicable and effective alternative method of control exists;

(2) the pesticide is among the least toxic available for control of the target pest; and

(3) notification of residents in the area to be treated is provided by direct notification
and through publication in a newspaper of general circulation within the affected area.

(f) For purposes of this subdivision, "direct notification" may include mailings,
public meetings, posted placards, neighborhood newsletters, or other means of contact
designed to reach as many residents as possible. Public meetings held to meet this
requirement for adult mosquito control, under paragraph (d), must be held within each
city or town where the pesticide treatments are to be made, at a time and location that is
convenient for residents of the area where the treatments will occur.

(g) A person may not apply a pesticide in a manner so as to expose a worker in an
immediately adjacent, open field.

new text begin (h) Notwithstanding that the application is done in a manner consistent with the
label or labeling, it is a violation of this chapter to directly apply a pesticide to a site where
an application has not been: (1) requested, ordered, contracted for, or permitted; or (2)
performed pursuant to paragraph (c), clause (2), (3), or (4).
new text end