Minnesota Session Laws - 1991, Regular Session

  

                         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.