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Minnesota Legislature

Office of the Revisor of Statutes

SF 2994

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to agriculture; expanding access to pesticides application information;
amending Minnesota Statutes 2006, sections 13.6435, subdivision 3; 18B.37,
subdivisions 2, 5.

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

Section 1.

Minnesota Statutes 2006, section 13.6435, subdivision 3, is amended to read:


Subd. 3.

Pesticide control.

(a) Registration. Disclosure of data relating to pesticide
registration is governed by section 18B.26, subdivision 3, paragraph (c).

(b) Dealer deleted text beginand applicatordeleted text end records. Records of pesticide dealers deleted text beginand applicatorsdeleted text end
inspected or copied by the commissioner of agriculture are classified under deleted text beginsections
18B.37, subdivision 5, and
deleted text endnew text begin sectionnew text end 18B.38.

Sec. 2.

Minnesota Statutes 2006, section 18B.37, subdivision 2, is amended to read:


Subd. 2.

Commercial and noncommercial applicators.

(a) A commercial or
noncommercial applicator, or the applicator's authorized agent, 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 dosage 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 customernew text begin, if applicablenew text end;

(8) name and signature of applicator, name of companynew text begin, if applicablenew text end, license
number of applicator, and address of applicator companynew text begin, if applicablenew text end; 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 single page
document for each pesticide application, except a map may be attached to identify treated
areas. For the rights-of-way and wood preservative categories, the required record may
not exceed five pages.new text begin Where applicable,new text end 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) A commercial applicator must give a copy of the record to the customer.

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

new text begin (f) Records must be filed with the commissioner on a monthly basis. Records may
be filed electronically.
new text end

Sec. 3.

Minnesota Statutes 2006, section 18B.37, subdivision 5, is amended to read:


Subd. 5.

Inspection of records.

The commissioner may enter a commercial,
noncommercial, or structural pest control applicator's business and inspect the records
required in this section at any reasonable time and may make copies of the records. deleted text beginUnless
required for enforcement of this chapter, the information in the records in this section
is private or nonpublic.
deleted text end