SF 2510

as introduced - 91st Legislature (2019 - 2020) Posted on 03/15/2019 09:44am

A bill for an act
relating to natural resources; enhancing monetary penalties for certain unlawful
pesticide applications; amending Minnesota Statutes 2018, section 18B.07,
subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 18D.

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

Section 1.

Minnesota Statutes 2018, 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. new text begin A person
who applies a pesticide resulting in damage to adjacent property that is part of the state
outdoor recreation system is subject to enhanced monetary penalties as provided in section
18D.40.
new text end

(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 website,
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.

(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).

Sec. 2.

new text begin [18D.40] ENHANCED PENALTIES; OUTDOOR RECREATION LANDS.
new text end

new text begin Notwithstanding limitations placed on administrative or civil penalty amounts under
sections 18D.315 and 18D.325, a person who applies a pesticide resulting in damage to
adjacent land that is part of the state outdoor recreation system is subject to a monetary
penalty equal to twice the amount that the commissioner would otherwise assess for a
comparable violation.
new text end