Office of the Revisor of Statutes
Minnesota Session Laws - 1991, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1991
CHAPTER 250-H.F.No. 1129
An act relating to agriculture; regulating genetically
engineered plants, pesticides, fertilizers, soil
amendments, and plant amendments; rules of the
environmental quality board governing release of
genetically engineered organisms; reimbursement of
release permit costs; imposing a penalty; amending
Minnesota Statutes 1990, sections 18B.01, by adding
subdivisions; 18C.005, by adding subdivisions;
18C.425, by adding a subdivision; 18D.01, subdivisions
1 and 9; 18D.301, subdivisions 1 and 2; 18D.325,
subdivisions 1 and 2; 18D.331, subdivisions 1, 2, and
3; 116C.91, by adding a subdivision; and 116C.94;
proposing coding for new law in Minnesota Statutes,
chapters 18B; 18C; and 116C; proposing coding for new
law as Minnesota Statutes, chapter 18F.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. [18F.01] [PURPOSE.]
The purpose of sections 1 to 5 is to establish permits for
the release of certain genetically engineered organisms to
protect humans and the environment from the potential for
significant adverse effects of those releases.
Sec. 2. [18F.02] [DEFINITIONS.]
Subdivision 1. [SCOPE.] As used in sections 1 to 5, the
terms defined in this section have the meanings given them.
Subd. 2. [AGENCY.] "Agency" means the department of
agriculture.
Subd. 3. [COMMISSIONER.] "Commissioner" means the
commissioner of agriculture or an agent authorized by the
commissioner.
Subd. 4. [GENETIC ENGINEERING.] "Genetic engineering"
means the introduction of new genetic material to an organism or
the regrouping of an organism's genes using techniques or
technology designed by humans. This does not include selective
breeding, hybridization, or nondirected mutagenesis.
Subd. 5. [GENETICALLY ENGINEERED PLANT.] "Genetically
engineered plant" means a plant that has been modified directly
or indirectly using genetic engineering.
Subd. 6. [ORGANISM.] "Organism" means an animal, plant,
bacterium, cyanobacterium, fungus, protist, or virus.
Subd. 7. [PLANT.] "Plant" means a living organism
consisting of one or more cells that does not typically exhibit
voluntary motion or possess sensory or nervous organs.
Subd. 8. [RELEASE.] "Release" means the placement or use
of a genetically engineered organism outside a contained
laboratory, greenhouse, building, structure, or other similar
facility or under other conditions not specifically determined
by the commissioner to be adequately contained.
Subd. 9. [UNREASONABLE ADVERSE EFFECTS ON THE
ENVIRONMENT.] "Unreasonable adverse effects on the environment"
means an unreasonable risk to humans or the environment, taking
into account the environmental costs and benefits of the use of
a genetically engineered organism.
Sec. 3. [18F.04] [POWERS AND DUTIES OF THE COMMISSIONER.]
The commissioner shall administer, implement, and enforce
sections 1 to 5.
Sec. 4. [18F.07] [GENETICALLY ENGINEERED PLANT PERMIT.]
Subdivision 1. [REQUIREMENT.] A person may not conduct a
release of a genetically engineered plant until a permit for the
release has been obtained from the commissioner. Each release
of a plant requires a new permit until the commissioner
determines by rule that the plant is no longer subject to
regulation under this chapter.
Subd. 2. [PERMIT APPLICATION AND REVIEW.] (a) After
reviewing a completed application, the commissioner may issue a
genetically engineered plant permit if the commissioner
determines that the applicant has adequately demonstrated that
the proposed release does not have the potential for
unreasonable adverse effects on the environment. The
commissioner may prescribe terms and conditions including, but
not limited to, the period for the genetically engineered plant
permit, the amount or number of genetically engineered plants to
be used, monitoring activities, department inspection schedules,
reporting of experiment results, and experiment termination
procedures. A person may not violate terms or conditions of a
permit issued under this section. After a genetically
engineered plant permit is issued, the commissioner may revoke
or change the permit at any time if the commissioner finds that
its terms or conditions are being violated or are inadequate to
avoid unreasonable adverse effects on the environment.
(b) The commissioner may deny issuance of a genetically
engineered plant permit if the commissioner determines that the
use to be made of the plant under the proposed terms and
conditions may cause unreasonable adverse effects on the
environment.
Subd. 3. [APPLICATION.] A person shall file an application
for a genetically engineered plant permit with the
commissioner. The application must include:
(1) the name and address of the applicant;
(2) any United States Environmental Protection Agency,
United States Department of Agriculture, or other federal agency
regulatory application or approval document, if required under
federal law or rule;
(3) the purpose or objectives of the plant;
(4) the name, address, and telephone number of cooperators
or participants in this state;
(5) the amount of plants, plant material, or seeds to be
shipped or used in this state; and
(6) other information requested by the commissioner.
Subd. 4. [APPLICATION FEE.] An application for a permit
for a genetically engineered plant must be accompanied by a
nonrefundable application fee of $125.
Sec. 5. [18F.12] [RULES.]
The commissioner shall adopt rules governing the issuance
of permits for proposed releases of genetically engineered
plants, experimental genetically engineered pesticides, and
genetically engineered fertilizers, genetically engineered soil
amendments, and genetically engineered plant amendments. The
rules must include a requirement for environmental review
subject to the provisions of chapter 116D and rules adopted
under it. The rules must also include provisions requiring
concurrent permit review for proposed releases that would
require more than one permit under chapter 18B, 18C, or 18F.
Sec. 6. Minnesota Statutes 1990, section 18B.01, is
amended by adding a subdivision to read:
Subd. 10a. [GENETIC ENGINEERING.] "Genetic engineering"
means the modification of the genetic composition of an organism
using molecular techniques. This does not include selective
breeding, hybridization, or nondirected mutagenesis.
Sec. 7. Minnesota Statutes 1990, section 18B.01, is
amended by adding a subdivision to read:
Subd. 10b. [GENETICALLY ENGINEERED
PESTICIDE.] "Genetically engineered pesticide" means an organism
that has been modified through the use of genetic engineering,
intended to prevent, destroy, repel, or mitigate a pest, and an
organism that has been modified through the use of genetic
engineering, intended for use as a plant regulator, defoliant,
or desiccant.
Sec. 8. Minnesota Statutes 1990, section 18B.01, is
amended by adding a subdivision to read:
Subd. 15a. [ORGANISM.] "Organism" means an animal, plant,
bacterium, cyanobacterium, fungus, protist, or virus.
Sec. 9. Minnesota Statutes 1990, section 18B.01, is
amended by adding a subdivision to read:
Subd. 22a. [RELEASE.] "Release" means the placement or use
of a genetically engineered organism outside a contained
laboratory, greenhouse, building, structure, or other similar
facility or under other conditions not specifically determined
by the commissioner to be adequately contained.
Sec. 10. [18B.285] [EXPERIMENTAL GENETICALLY ENGINEERED
PESTICIDE PRODUCT REGISTRATION.]
Subdivision 1. [REQUIREMENT.] (a) A person may not use,
distribute, or conduct release experiments with a genetically
engineered pesticide in any amount in the state until it is
registered under this section or section 18B.26. Use,
distribution, or release of a genetically engineered pesticide
must be registered under this section until the commissioner
determines by rule or order that the genetically engineered
pesticide may be subject to section 18B.26. Experimental
genetically engineered pesticide product registrations expire on
December 31 of each year and may be renewed on or before that
date.
(b) After reviewing a completed application, the
commissioner may issue an experimental genetically engineered
pesticide product registration if the commissioner determines
that the applicant has adequately demonstrated that the proposed
release does not have the potential for unreasonable adverse
effects on the environment. The commissioner may prescribe
terms and conditions, including, but not limited to, the period
for the experimental genetically engineered pesticide product
registration, the amount or number of genetically engineered
pesticide product to be used, monitoring activities, department
inspection schedules, reporting of experiment results, and
experiment termination procedures. A person may not violate
terms or conditions of a registration issued under this section.
After an experimental genetically engineered pesticide product
registration is issued, the commissioner may revoke or change
the registration at any time if the commissioner finds that its
terms or conditions are being violated or are inadequate to
avoid unreasonable adverse effects on the environment.
(c) The commissioner may deny issuance of an experimental
genetically engineered pesticide product registration if the
commissioner determines that the use to be made of the pesticide
under the proposed terms and conditions may cause unreasonable
adverse effects on the environment.
Subd. 2. [APPLICATION.] A person must file an application
for experimental genetically engineered pesticide product
registration with the commissioner. An application to register
an experimental genetically engineered pesticide product must
include:
(1) the name and address of the applicant;
(2) any United States Environmental Protection Agency
regulatory application or approval document required under
federal law or rule;
(3) the purpose or objectives of the product;
(4) an experimental genetically engineered pesticide
product use label;
(5) the name, address, and telephone number of cooperators
or participants in this state;
(6) the amount of material to be shipped or used in this
state; and
(7) other information requested by the commissioner.
Subd. 3. [APPLICATION FEE.] An application for
registration of an experimental genetically engineered pesticide
product must be accompanied by a nonrefundable application fee
of $125.
Sec. 11. Minnesota Statutes 1990, section 18C.005, is
amended by adding a subdivision to read:
Subd. 12a. [GENETIC ENGINEERING.] "Genetic engineering"
means the modification of the genetic composition of an organism
using molecular techniques. This does not include selective
breeding, hybridization, or nondirected mutagenesis.
Sec. 12. Minnesota Statutes 1990, section 18C.005, is
amended by adding a subdivision to read:
Subd. 12b. [GENETICALLY ENGINEERED FERTILIZER.]
"Genetically engineered fertilizer" means an organism that has
been modified through the use of genetic engineering, containing
one or more recognized plant nutrients that is used for its
plant nutrient content and designed for use or claimed to have
value in promoting plant growth. Genetically engineered
fertilizer does not include animal and vegetable manures that
are not manipulated, marl, lime, limestone, and other products
exempted by rule by the commissioner.
Sec. 13. Minnesota Statutes 1990, section 18C.005, is
amended by adding a subdivision to read:
Subd. 12c. [GENETICALLY ENGINEERED PLANT AMENDMENT.]
"Genetically engineered plant amendment" means an organism that
has been modified through the use of genetic engineering, and
that when applied to plants or seeds is intended to improve
germination, growth, yield, product quality, reproduction,
flavor, or other desirable characteristics of plants except
fertilizers, soil amendments, agricultural liming materials,
pesticides, and other materials that are exempted by rule.
Sec. 14. Minnesota Statutes 1990, section 18C.005, is
amended by adding a subdivision to read:
Subd. 12d. [GENETICALLY ENGINEERED SOIL AMENDMENT.]
"Genetically engineered soil amendment" means an organism that
has been modified directly or indirectly using genetic
engineering, intended to improve the physical characteristics of
the soil for agricultural production, except fertilizers,
agricultural liming materials, pesticides, and other materials
exempted by rule.
Sec. 15. Minnesota Statutes 1990, section 18C.005, is
amended by adding a subdivision to read:
Subd. 22a. [ORGANISM.] "Organism" means an animal, plant,
bacterium, cyanobacterium, fungus, protist, or virus.
Sec. 16. Minnesota Statutes 1990, section 18C.005, is
amended by adding a subdivision to read:
Subd. 27a. [RELEASE.] "Release" means the placement or use
of a genetically engineered organism outside a contained
laboratory, greenhouse, building, structure, or other similar
facility or under other conditions not specifically determined
by the commissioner to be adequately contained.
Sec. 17. [18C.310] [GENETICALLY ENGINEERED FERTILIZER,
GENETICALLY ENGINEERED SOIL AMENDMENT, OR GENETICALLY ENGINEERED
PLANT AMENDMENT PERMIT.]
Subdivision 1. [REQUIREMENT.] A person may not conduct a
release of a genetically engineered fertilizer, genetically
engineered soil amendment, or genetically engineered plant
amendment in any amount in the state until a permit for the
release has been obtained from the commissioner under this
section, a registration has been obtained under section 18C.411,
or a license has been obtained under section 18C.415. A release
of a genetically engineered fertilizer, genetically engineered
soil amendment, or genetically engineered plant amendment must
have a permit under this section until the commissioner
determines by rule or order that the release may be subject to
sections 18C.411 and 18C.415, or is otherwise exempt from this
section. Each new release requires a new permit.
Subd. 2. [PERMIT APPLICATION AND REVIEW.] (a) After
reviewing a completed application, the commissioner may issue a
genetically engineered fertilizer, genetically engineered soil
amendment, or genetically engineered plant amendment permit if
the commissioner determines that the applicant has adequately
demonstrated that the proposed release does not have the
potential for unreasonable adverse effects on the environment.
The commissioner may prescribe terms and conditions including,
but not limited to, the period for the genetically engineered
fertilizer, genetically engineered soil amendment, or
genetically engineered plant amendment permit, the amount or
number of genetically engineered fertilizer, genetically
engineered soil amendment, or genetically engineered plant
amendment to be used, monitoring activities, department
inspection schedules, reporting of experiment results, and
experiment termination procedures. A person may not violate
terms or conditions of a permit issued under this section.
After a genetically engineered fertilizer, genetically
engineered soil amendment, or genetically engineered plant
amendment permit is issued, the commissioner may revoke or
change the permit at any time if the commissioner finds that its
terms or conditions are being violated or are inadequate to
avoid unreasonable adverse effects on the environment.
(b) The commissioner may deny issuance of a genetically
engineered fertilizer, genetically engineered soil amendment, or
genetically engineered plant amendment permit if the
commissioner determines that the use to be made of the
genetically engineered fertilizer, genetically engineered soil
amendment, or genetically engineered plant amendment under the
proposed terms and conditions may cause unreasonable adverse
effects on the environment.
Subd. 3. [APPLICATION.] A person shall file an application
for a genetically engineered fertilizer, genetically engineered
soil amendment, or genetically engineered plant amendment permit
with the commissioner. An application for a genetically
engineered fertilizer, genetically engineered soil amendment, or
genetically engineered plant amendment permit must include:
(1) the name and address of the applicant;
(2) any United States Environmental Protection Agency,
United States Department of Agriculture, or other federal agency
regulatory application or approval document, if required under
federal law or rule;
(3) the purpose or objectives of the product;
(4) the name, address, and telephone number of cooperators
or participants in this state;
(5) the amount of material to be shipped or used in this
state; and
(6) other information requested by the commissioner.
Sec. 18. Minnesota Statutes 1990, section 18C.425, is
amended by adding a subdivision to read:
Subd. 3a. [GENETICALLY ENGINEERED FERTILIZER, GENETICALLY
ENGINEERED SOIL AMENDMENT, OR GENETICALLY ENGINEERED PLANT
AMENDMENT PERMIT.] An application for a genetically engineered
fertilizer, genetically engineered soil amendment, or
genetically engineered plant amendment permit must be
accompanied by a nonrefundable application fee of $125.
Sec. 19. Minnesota Statutes 1990, section 18D.01,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS IN CHAPTERS 18B AND, 18C, and
18F APPLY.] The definitions in chapters 18B and, 18C, and 18F
apply to this chapter.
Sec. 20. Minnesota Statutes 1990, section 18D.01,
subdivision 9, is amended to read:
Subd. 9. [PROVISION OF THIS CHAPTER.] "Provision of this
chapter" means a provision of this chapter, chapter 18B,
18C, 18F, or a rule adopted under those chapters.
Sec. 21. Minnesota Statutes 1990, section 18D.301,
subdivision 1, is amended to read:
Subdivision 1. [ENFORCEMENT REQUIRED.] (a) The
commissioner shall enforce this chapter and chapters 18B and,
18C, and 18F.
(b) Violations of chapter 18B or, 18C, or 18F or rules
adopted under chapter 18B or, 18C, or 18F are a violation of
this chapter.
(c) Upon the request of the commissioner, county attorneys,
sheriffs, and other officers having authority in the enforcement
of the general criminal laws shall take action to the extent of
their authority necessary or proper for the enforcement of this
chapter or special orders, standards, stipulations, and
agreements of the commissioner.
Sec. 22. Minnesota Statutes 1990, section 18D.301,
subdivision 2, is amended to read:
Subd. 2. [COMMISSIONER'S DISCRETION.] If minor violations
of this chapter, chapter 18B, or 18C, or 18F occur or when the
commissioner believes the public interest will be best served by
a suitable notice of warning in writing, this chapter does not
require the commissioner to:
(1) report the violation for prosecution;
(2) institute seizure proceedings; or
(3) issue a withdrawal from distribution or stop-sale order.
Sec. 23. Minnesota Statutes 1990, section 18D.325,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL PENALTY.] Except as provided in
subdivisions 2 and 3, a person who violates this chapter,
chapter 18B, or 18C, or 18F or a special order, standard,
stipulation, agreement, or schedule of compliance of the
commissioner is subject to a civil penalty of up to $7,500 per
day of violation as determined by the court.
Sec. 24. Minnesota Statutes 1990, section 18D.325,
subdivision 2, is amended to read:
Subd. 2. [DISPOSAL THAT BECOMES HAZARDOUS WASTE.] A person
who violates a provision of this chapter, chapter 18B, or 18C,
or 18F or a special order, standard, stipulation, agreement, or
schedule of compliance of the commissioner that relates to
disposal of agricultural chemicals so that they become hazardous
waste, is subject to the penalties in section 115.071.
Sec. 25. Minnesota Statutes 1990, section 18D.331,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL VIOLATION.] Except as provided in
subdivisions 2 and 3, a person is guilty of a misdemeanor if the
person violates a provision of this chapter, chapter 18B, or
18C, or 18F or a special order, standard, stipulation,
agreement, or schedule of compliance of the commissioner.
Sec. 26. Minnesota Statutes 1990, section 18D.331,
subdivision 2, is amended to read:
Subd. 2. [VIOLATION ENDANGERING HUMANS.] A person is
guilty of a gross misdemeanor if the person violates a provision
of this chapter, chapter 18B, or 18C, or 18F or a special order,
standard, stipulation, agreement, or schedule of compliance of
the commissioner, and the violation endangers humans.
Sec. 27. Minnesota Statutes 1990, section 18D.331,
subdivision 3, is amended to read:
Subd. 3. [VIOLATION WITH KNOWLEDGE.] A person is guilty of
a gross misdemeanor if the person knowingly violates a provision
of this chapter, chapter 18B, or 18C, or 18F or a standard,
special order, stipulation, agreement, or schedule of compliance
of the commissioner.
Sec. 28. Minnesota Statutes 1990, section 116C.91, is
amended by adding a subdivision to read:
Subd. 7. [SIGNIFICANT ENVIRONMENTAL PERMIT.] "Significant
environmental permit" means a permit issued by a state agency
with the authority to deny, modify, revoke, or place conditions
on the permit in compliance with the requirements of sections
116C.91 to 116C.96, chapter 116D, and the rules adopted under
them.
Sec. 29. Minnesota Statutes 1990, section 116C.94, is
amended to read:
116C.94 [RULES.]
(a) The board shall adopt rules consistent with sections
116C.91 to 116C.95 116C.96 that require an environmental
assessment worksheet and otherwise comply with chapter 116D and
rules adopted under it for a proposed release and a permit for a
release. The board may place conditions on a permit and may
deny, modify, suspend, or revoke a permit.
(b) The rules shall provide that a permit from the board is
not required if the proposer can demonstrate to the board that a
significant environmental permit is required for the proposal by
another state agency.
(c) A person proposing a release for which a federal permit
is required may apply to the board for an exemption from the
board's permit or to an agency with a significant environmental
permit for the proposed release for an exemption from the
agency's permit. The proposer must file with the board or
agency, within 14 days of filing a federal application, a
written request for exemption with a copy of the federal
application and the information necessary to determine if there
is a potential for significant environmental effects under
chapter 116D and rules adopted under it. The board or agency
shall give public notice of the request in the first available
issue of the EQB Monitor and shall provide an opportunity for
public comment on the environmental review process consistent
with chapter 116D and rules adopted under it. The board or
agency may grant the exemption if the board or agency finds that
the federal permit issued is in compliance with the requirements
of chapter 116D and rules adopted under it and any other
requirement of the board's or agency's authority regarding the
release of genetically engineered organisms. The board or
agency must grant or deny the exemption within 45 days after the
receipt of the federal permit.
(d) The board shall consult with local units of government
and with private citizens before adopting any rules.
Sec. 30. [116C.96] [COST REIMBURSEMENT.]
The board shall assess the proposer of a release for the
necessary and reasonable costs of processing exemptions from a
release permit or applications for a release permit. An
estimated budget shall be prepared for each exemption or
application by the chair of the board. The proposer must remit
25 percent of the estimated budget within 14 days of the receipt
of the estimated budget from the chair. The unpaid balance
shall be billed in periodic installments, due upon receipt of an
invoice from the chair. Costs in excess of the estimated budget
must be certified by the board and upon certification constitute
prima facie evidence that the expenses are reasonable and
necessary and shall be charged to the proposer. The proposer
may review all actual costs and present objections to the board,
which may modify the cost or determine that the cost assessed is
reasonable. The assessment paid by the proposer shall not
exceed the sum of the costs incurred. All money received under
this section shall be deposited in the special account
established under section 116D.045, subdivision 3, for the
purpose of paying costs incurred in processing exemptions and
applications.
Sec. 31. [INSTRUCTION TO REVISOR.]
In the next and subsequent editions of Minnesota Statutes,
section 18B.01, subdivision 15a, must be renumbered as section
18B.01, subdivision 15b.
Presented to the governor May 28, 1991
Signed by the governor May 31, 1991, 4:45 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes