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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1989 

                         CHAPTER 42-S.F.No. 916 
           An act relating to consumer protection; regulating 
          landscape application contracts; providing penalties 
          and remedies; proposing coding for new law in 
          Minnesota Statutes, chapter 325F. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [325F.245] [LANDSCAPE APPLICATION CONTRACTS.] 
    Subdivision 1.  [DEFINITIONS.] For the purposes of this 
section, the following terms have the meanings given them: 
    (a) "Landscape application" means pesticide applications, 
fertilizer applications, and other chemical applications of any 
kind for grass, turf, shrubs, or ornamental plants. 
    (b) "Commercial application company" means a person or 
business that provides landscape application for hire. 
    Subd. 2.  [WRITTEN CONTRACT REQUIRED.] (a) A contract for 
landscape application must be in writing, and must be signed by 
both the commercial application company and the property owner 
or the owner's agent.  The contract must, at a minimum, contain 
the following information: 
    (1) the name, address, and phone number of the commercial 
application company; 
    (2) the total number of the regularly scheduled landscape 
applications to be performed each year; 
    (3) the cost of each regularly scheduled application and 
the yearly cost for all landscape applications; and 
    (4) the ending date of the contract. 
    (b) The commercial application company shall provide the 
property owner with a copy of the written contract. 
    Subd. 3.  [ENDING DATE.] (a) Every contract must contain a 
stated ending date. 
    (b) To extend service beyond the stated ending date, the 
commercial application company and property owner must enter 
into a separate written contract.  The contract must conform in 
all respects to the requirements of this section. 
    Subd. 4.  [ANNUAL NOTICE TO PROPERTY OWNER.] If a contract 
is for more than one year, then the commercial application 
company shall each year provide written notice to the property 
owner that the contract remains in effect and that landscape 
applications will resume according to the terms of the 
contract.  The written notice must be provided to the property 
owner at least 15 days prior to the first landscape application 
of the year.  
    Subd. 5.  [CANCELLATION OF CONTRACT.] (a) A contract shall 
be canceled by the property owner upon the sale of the property 
that is the subject of the contract.  To cancel the contract, 
the property owner shall notify the commercial application 
company that the property owner is canceling the contract. 
    (b) The commercial application company shall provide 
written notice to the property owner, in the contract or in 
another manner, that the contract must be canceled upon the sale 
of the property. 
    (c) A contract between a commercial application company and 
a property owner may not be enforced by the commercial 
application company against any subsequent owner of the property.
    Subd. 6.  [EXCLUSIONS.] This section does not apply to: 
    (1) pesticide, fertilizer, or chemical applications for the 
purpose of producing agricultural commodities or any commodity 
for sale; 
    (2) pesticide applications around or near the foundation of 
a building for the purpose of structural or indoor pest control; 
or 
    (3) any single or isolated landscape application where the 
property owner or its agent verbally consents to the single or 
isolated application. 
    Subd. 7.  [PENALTIES AND REMEDIES.] A person who violates 
this section is subject to the penalties and remedies, including 
a private right of action, as provided in section 8.31. 
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective January 1, 1991.  Written landscape 
contracts entered into before this date remain in force 
according to their terms. 
    Presented to the governor April 19, 1989 
    Signed by the governor April 19, 1989, 8:55 p.m.