HF 766

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 03/30/2022 12:50pm

A bill for an act
relating to agriculture; defining coated seed; prohibiting certain seed sales and
uses; regulating disposal of certain seeds; requiring consumer guidance; requiring
rulemaking; appropriating money; amending Minnesota Statutes 2020, sections
21.81, by adding a subdivision; 21.86, subdivision 2; proposing coding for new
law in Minnesota Statutes, chapters 21; 115A.

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

Section 1.

Minnesota Statutes 2020, section 21.81, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Coated agricultural seed. new text end

new text begin "Coated agricultural seed" means any seed unit
covered with a coating material.
new text end

Sec. 2.

Minnesota Statutes 2020, section 21.86, subdivision 2, is amended to read:

Subd. 2.

Miscellaneous violations.

No person may:

(a) detach, alter, deface, or destroy any label required in sections 21.82 and 21.83, alter
or substitute seed in a manner that may defeat the purposes of sections 21.82 and 21.83, or
alter or falsify any seed tests, laboratory reports, records, or other documents to create a
misleading impression as to kind, variety, history, quality, or origin of the seed;

(b) hinder or obstruct in any way any authorized person in the performance of duties
under sections 21.80 to 21.92;

(c) fail to comply with a "stop sale" order or to move or otherwise handle or dispose of
any lot of seed held under a stop sale order or attached tags, except with express permission
of the enforcing officer for the purpose specified;

(d) use the word "type" in any labeling in connection with the name of any agricultural
seed variety;

(e) use the word "trace" as a substitute for any statement which is required;

(f) plant any agricultural seed which the person knows contains weed seeds or noxious
weed seeds in excess of the limits for that seed; deleted text begin or
deleted text end

(g) advertise or sell seed containing patented, protected, or proprietary varieties used
without permission of the patent or certificate holder of the intellectual property associated
with the variety of seed deleted text begin . deleted text end new text begin ; or
new text end

new text begin (h) use or sell as food, feed, oil, or ethanol feedstock any seed treated with neonicotinoid
pesticide.
new text end

Sec. 3.

new text begin [21.915] PESTICIDE-TREATED SEED USE AND DISPOSAL; CONSUMER
GUIDANCE REQUIRED.
new text end

new text begin (a) The commissioner, in consultation with the commissioner of the Pollution Control
Agency, must develop and maintain consumer guidance regarding the proper use and disposal
of seed treated with neonicotinoid pesticide.
new text end

new text begin (b) A person selling seed treated with neonicotinoid pesticide at retail must post in a
conspicuous location the guidance developed by the commissioner under paragraph (a).
new text end

Sec. 4.

new text begin [115A.993] PROHIBITED DISPOSAL METHODS.
new text end

new text begin A person must not dispose of seed treated with neonicotinoid pesticide in a manner
inconsistent with the product label, where applicable, or by:
new text end

new text begin (1) burial near a drinking water source or any creek, stream, river, lake, or other surface
water;
new text end

new text begin (2) composting; or
new text end

new text begin (3) incinerating within a home or other dwelling.
new text end

Sec. 5. new text begin RULEMAKING REQUIRED.
new text end

new text begin The commissioner of the Pollution Control Agency, in consultation with the commissioner
of agriculture and the University of Minnesota, must adopt rules under Minnesota Statutes,
chapter 14, providing for the safe and lawful disposal of unwanted or unused seed treated
with neonicotinoid pesticide. The rules must clearly identify the regulatory jurisdiction of
state agencies and local governments with regard to such seed.
new text end

Sec. 6. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Consumer guidance. new text end

new text begin $100,000 in fiscal year 2023 is appropriated from
the general fund to the commissioner of agriculture to develop and publicize the consumer
guidance required under this act. This is a onetime appropriation and available until June
30, 2025.
new text end

new text begin Subd. 2. new text end

new text begin Rulemaking. new text end

new text begin $175,000 in fiscal year 2023 is appropriated from the general
fund to the commissioner of the Pollution Control Agency for the rulemaking required under
this act. This is a onetime appropriation and available until June 30, 2024.
new text end