SF 4224

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/27/2024 09:07am

A bill for an act
relating to agriculture; amending provisions related to pesticides; amending
Minnesota Statutes 2022, sections 18B.01, by adding a subdivision; 18B.305,
subdivision 2; 18B.32, subdivisions 1, 3, 4; 18B.33, subdivisions 1, 5; 18B.34,
subdivisions 1, 4; 18B.35, subdivision 1; 18B.36, subdivisions 1, 2; 18B.37,
subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2022, section 18B.01, is amended by adding a subdivision
to read:

new text begin Subd. 1d. new text end

new text begin Application or use of a pesticide. new text end

new text begin "Application or use of a pesticide" includes:
new text end

new text begin (1) the dispersal of a pesticide on, in, at, or directed toward a target site;
new text end

new text begin (2) preapplication activities that involve the mixing and loading of a restricted use
pesticide; and
new text end

new text begin (3) other restricted use pesticide-related activities, including but not limited to transporting
or storing pesticide containers that have been opened; cleaning equipment; and disposing
of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other
materials that contain pesticide.
new text end

Sec. 2.

Minnesota Statutes 2022, section 18B.305, subdivision 2, is amended to read:

Subd. 2.

Training manual and examination development.

The commissioner, in
consultation with University of Minnesota Extension and other higher education institutions,
shall continually revise and update pesticide applicator training manuals and examinations.
The manuals and examinations must be written to meet or exceed the minimum new text begin competency
new text end standards required by the United States Environmental Protection Agency and pertinent
state specific information. new text begin Pesticide applicator training manuals and examinations must
meet or exceed the competency standards in Code of Federal Regulations, title 40, part 171.
Competency standards for training manuals and examinations must be published on the
Department of Agriculture website. new text end Questions in the examinations must be determined by
the commissioner in consultation with other responsible agencies. Manuals and examinations
must include pesticide management practices that discuss prevention of pesticide occurrence
in groundwater and surface water of the state, and economic thresholds and guidance for
insecticide use.

Sec. 3.

Minnesota Statutes 2022, section 18B.32, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

(a) A person may not engage in structural pest control
applications:

(1) for hire without a structural pest control license; deleted text begin and
deleted text end

(2) as a sole proprietorship, company, partnership, or corporation unless the person is
or employs a licensed master in structural pest control operations deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) unless the person is 18 years of age or older.
new text end

(b) A structural pest control licensee must have a valid license identification card to
purchase a restricted use pesticide or apply pesticides for hire and must display it upon
demand by an authorized representative of the commissioner or a law enforcement officer.
The license identification card must contain information required by the commissioner.

Sec. 4.

Minnesota Statutes 2022, section 18B.32, subdivision 3, is amended to read:

Subd. 3.

Application.

(a) A person must apply to the commissioner for a structural pest
control license on forms and in the manner required by the commissioner. The commissioner
shall require the applicant to pass a written, closed-book, monitored examination or oral
examination, or both deleted text begin , and may also require a practical demonstration regarding structural
pest control deleted text end . The commissioner shall establish the examination procedure, including the
phases and contents of the examination.

(b) The commissioner may license a person as a master under a structural pest control
license if the person has the necessary qualifications through knowledge and experience to
properly plan, determine, and supervise the selection and application of pesticides in structural
pest control. To demonstrate the qualifications and become licensed as a master under a
structural pest control license, a person must:

(1) pass a closed-book test administered by the commissioner;

(2) have direct experience as a licensed journeyman under a structural pest control license
for at least two years by this state or a state with equivalent certification requirements or as
a full-time licensed master in another state with equivalent certification requirements; and

(3) show practical knowledge and field experience under clause (2) in the actual selection
and application of pesticides under varying conditions.

(c) The commissioner may license a person as a journeyman under a structural pest
control license if the person:

(1) has the necessary qualifications in the practical selection and application of pesticides;

(2) has passed a closed-book examination given by the commissioner; and

(3) is engaged as an employee of or is working under the direction of a person licensed
as a master under a structural pest control license.

(d) The commissioner may license a person as a fumigator under a structural pest control
license if the person:

(1) has knowledge of the practical selection and application of fumigants;

(2) has passed a closed-book examination given by the commissioner; and

(3) is licensed by the commissioner as a master or journeyman under a structural pest
control license.

Sec. 5.

Minnesota Statutes 2022, section 18B.32, subdivision 4, is amended to read:

Subd. 4.

Renewal.

(a) A structural pest control applicator license may be renewed on
or before the expiration of an existing license subject to reexamination, attendance at
deleted text begin workshops deleted text end new text begin a recertification workshop new text end approved by the commissioner, or other requirements
imposed by the commissioner to provide the applicator with information regarding changing
technology and to help assure a continuing level of competency and ability to use pesticides
safely and properly. new text begin A recertification workshop must meet or exceed the competency
standards in Code of Federal Regulations, title 40, part 171. Competency standards for a
recertification workshop must be published on the Department of Agriculture website. new text end The
commissioner may require an additional demonstration of applicator qualification if the
applicator has had a license suspended or revoked or has otherwise had a history of violations
of this chapter.

(b) If a person fails to renew a structural pest control license within three months of its
expiration, the person must obtain a structural pest control license subject to the requirements,
procedures, and fees required for an initial license.

Sec. 6.

Minnesota Statutes 2022, section 18B.33, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

(a) A person may not apply a pesticide for hire without a
commercial applicator license for the appropriate use categories or a structural pest control
license.

(b) A commercial applicator licensee must have a valid license identification card to
purchase a restricted use pesticide or apply pesticides for hire and must display it upon
demand by an authorized representative of the commissioner or a law enforcement officer.
The commissioner shall prescribe the information required on the license identification
card.

(c) A person licensed under this section is considered qualified and is not required to
verify, document, or otherwise prove a particular need prior to use, except as required by
the federal label.

(d) A person who uses a general-use sanitizer or disinfectant for hire in response to
COVID-19 is exempt from the commercial applicator license requirements under this section.

new text begin (e) A person licensed under this section must be 18 years of age or older.
new text end

Sec. 7.

Minnesota Statutes 2022, section 18B.33, subdivision 5, is amended to read:

Subd. 5.

Renewal application.

(a) A person must apply to the commissioner to renew
a commercial applicator license. The commissioner may renew a commercial applicator
license accompanied by the application fee, subject to reexamination, attendance at
deleted text begin workshops deleted text end new text begin a recertification workshop new text end approved by the commissioner, or other requirements
imposed by the commissioner to provide the applicator with information regarding changing
technology and to help assure a continuing level of competence and ability to use pesticides
safely and properly. new text begin A recertification workshop must meet or exceed the competency
standards in Code of Federal Regulations, title 40, part 171. Competency standards for a
recertification workshop must be published on the Department of Agriculture website. new text end The
applicant may renew a commercial applicator license within 12 months after expiration of
the license without having to meet initial testing requirements. The commissioner may
require additional demonstration of applicator qualification if a person has had a license
suspended or revoked or has had a history of violations of this chapter.

(b) An applicant that meets renewal requirements by reexamination instead of attending
deleted text begin workshops deleted text end new text begin a recertification workshop new text end must pay the equivalent workshop fee for the
reexamination as determined by the commissioner.

Sec. 8.

Minnesota Statutes 2022, section 18B.34, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

(a) Except for a licensed commercial applicator, certified
private applicator, or licensed structural pest control applicator, a person, including a
government employee, may not purchase or use a restricted use pesticide in performance
of official duties without having a noncommercial applicator license for an appropriate use
category.

(b) A licensee must have a valid license identification card when applying pesticides
and must display it upon demand by an authorized representative of the commissioner or a
law enforcement officer. The license identification card must contain information required
by the commissioner.

(c) A person licensed under this section is considered qualified and is not required to
verify, document, or otherwise prove a particular need prior to use, except as required by
the federal label.

new text begin (d) A person licensed under this section must be 18 years of age or older.
new text end

Sec. 9.

Minnesota Statutes 2022, section 18B.34, subdivision 4, is amended to read:

Subd. 4.

Renewal.

(a) A person must apply to the commissioner to renew a
noncommercial applicator license. The commissioner may renew a license subject to
reexamination, attendance at deleted text begin workshops deleted text end new text begin a recertification workshop new text end approved by the
commissioner, or other requirements imposed by the commissioner to provide the applicator
with information regarding changing technology and to help assure a continuing level of
competence and ability to use pesticides safely and properly. new text begin A recertification workshop
must meet or exceed the competency standards in Code of Federal Regulations, title 40,
part 171. Competency standards for a recertification website must be published on the
Department of Agriculture website. new text end The commissioner may require an additional
demonstration of applicator qualification if the applicator has had a license suspended or
revoked or has otherwise had a history of violations of this chapter.

(b) An applicant that meets renewal requirements by reexamination instead of attending
deleted text begin workshops deleted text end new text begin a recertification workshop new text end must pay the equivalent workshop fee for the
reexamination as determined by the commissioner.

(c) An applicant has 12 months to renew the license after expiration without having to
meet initial testing requirements.

Sec. 10.

Minnesota Statutes 2022, section 18B.35, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

(a) The commissioner may establish categories of
structural pest control, commercial applicator, deleted text begin and deleted text end noncommercial applicator licenses deleted text begin for
administering and enforcing this chapter. deleted text end new text begin , and private applicator certification consistent
with federal requirements in Code of Federal Regulations, title 40, parts 171.101 and 171.105,
including but not limited to the federal categories that are applicable to the state. Application
categories must meet or exceed the competency standards in Code of Federal Regulations,
title 40, part 171. Competency standards for application categories must be published on
the Department of Agriculture website. new text end The categories may include pest control operators
and ornamental, agricultural, aquatic, forest, and right-of-way pesticide applicators. Separate
subclassifications of categories may be specified as to ground, aerial, or manual methods
to apply pesticides or to the use of pesticides to control insects, plant diseases, rodents, or
weeds.

(b) Each category is subject to separate testing procedures and requirements.

Sec. 11.

Minnesota Statutes 2022, section 18B.36, subdivision 1, is amended to read:

Subdivision 1.

Requirement.

(a) Except for a licensed commercial or noncommercial
applicator, only a certified private applicator may use a restricted use pesticide to produce
an agricultural commodity:

(1) as a traditional exchange of services without financial compensation;

(2) on a site owned, rented, or managed by the person or the person's employees; or

(3) when the private applicator is one of two or fewer employees and the owner or
operator is a certified private applicator or is licensed as a noncommercial applicator.

(b) A person may not purchase a restricted use pesticide without presenting a license
card, certified private applicator card, or the card number.

(c) A person certified under this section is considered qualified and is not required to
verify, document, or otherwise prove a particular need prior to use, except as required by
the federal label.

new text begin (d) A person certified under this section must be 18 years of age or older.
new text end

Sec. 12.

Minnesota Statutes 2022, section 18B.36, subdivision 2, is amended to read:

Subd. 2.

Certification.

(a) The commissioner shall prescribe certification requirements
and provide training that meets or exceeds United States Environmental Protection Agency
standards to certify private applicators and provide information relating to changing
technology to help ensure a continuing level of competency and ability to use pesticides
properly and safely. new text begin Private applicator certification requirements and training must meet or
exceed the competency standards in Code of Federal Regulations, title 40, part 171.
Competency standards for private applicator certification and training must be published
on the Department of Agriculture website. new text end The training may be done through cooperation
with other government agencies and must be a minimum of three hours in duration.

(b) A person must apply to the commissioner for certification as a private applicator.
After completing the certification requirements, which must include deleted text begin an deleted text end new text begin a proctored new text end
examination as determined by the commissioner, an applicant must be certified as a private
applicator to use restricted use pesticides. The certification shall expire March 1 of the third
calendar year after the initial year of certification.

(c) The commissioner shall issue a private applicator card to a private applicator.

Sec. 13.

Minnesota Statutes 2022, section 18B.37, subdivision 2, is amended to read:

Subd. 2.

Commercial and noncommercial applicators.

(a) A commercial or
noncommercial applicator deleted text begin , deleted text end or the applicator's authorized agent deleted text begin , deleted text end must maintain a record of
pesticides used on each site. Noncommercial applicators must keep records of restricted
use pesticides. The record must include the:

(1) date of the pesticide use;

(2) time the pesticide application was completed;

(3) brand name of the pesticide, the United States Environmental Protection Agency
registration number, and rate used;

(4) number of units treated;

(5) temperature, wind speed, and wind direction;

(6) location of the site where the pesticide was applied;

(7) name and address of the customer;

(8) name of applicator, name of company, license number of applicator, and address of
applicator company; and

(9) any other information required by the commissioner.

(b) Portions of records not relevant to a specific type of application may be omitted upon
approval from the commissioner.

(c) All information for this record requirement must be contained in a document for each
pesticide application, except a map may be attached to identify treated areas. An invoice
containing the required information may constitute the required record. The commissioner
shall make sample forms available to meet the requirements of this paragraph.

(d) The record must be completed no later than five days after the application of the
pesticide.

(e) A commercial applicator must give a copy of the record to the customer.

(f) Records must be retained by the applicator, company, or authorized agent for five
years after the date of treatment.

new text begin (g) A record of a commercial or noncommercial applicator must meet or exceed the
requirements in Code of Federal Regulations, title 40, part 171.
new text end

Sec. 14.

Minnesota Statutes 2022, section 18B.37, subdivision 3, is amended to read:

Subd. 3.

Structural pest control applicators.

(a) A structural pest control applicator
must maintain a record of each structural pest control application conducted by that person
or by the person's employees. The record must include the:

(1) date of structural pest control application;

(2) target pest;

(3) brand name of the pesticide, United States Environmental Protection Agency
registration number, and amount used;

(4) for fumigation, the temperature and exposure time;

(5) time the pesticide application was completed;

(6) name and address of the customer;

(7) name of structural pest control applicator, name of company and address of applicator
or company, and license number of applicator; and

(8) any other information required by the commissioner.

(b) All information for this record requirement must be contained in a document for
each pesticide application. An invoice containing the required information may constitute
the record.

(c) The record must be completed no later than five days after the application of the
pesticide.

(d) Records must be retained for five years after the date of treatment.

(e) A copy of the record must be given to a person who ordered the application that is
present at the site where the structural pest control application is conducted, placed in a
conspicuous location at the site where the structural pest control application is conducted
immediately after the application of the pesticides, or delivered to the person who ordered
an application or the owner of the site. The commissioner must make sample forms available
that meet the requirements of this subdivision.

(f) A structural applicator must post in a conspicuous place inside a renter's apartment
where a pesticide application has occurred a list of postapplication precautions contained
on the label of the pesticide that was applied in the apartment and any other information
required by the commissioner.

new text begin (g) A record of a structural applicator must meet or exceed the requirements in Code of
Federal Regulations, title 40, part 171.
new text end