Office of the Revisor of Statutes
Minnesota Session Laws - 1993, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1993
CHAPTER 367-H.F.No. 1225
An act relating to agriculture; providing for the
continued use of unregistered pesticides; modifying
procedures for the return of empty pesticide
containers and unused portions of pesticides; changing
the amounts of the ACCRA surcharges; authorizing use
of money in the agricultural chemical response and
reimbursement account for administrative costs; making
changes in the laws on pesticides and agricultural
chemicals; changing provisions regarding the pricing
of certain dairy products; repealing the hazardous
substance labeling act; requiring studies; maintaining
an agriculture education specialist; transferring
certain funds; appropriating money; amending Minnesota
Statutes 1992, sections 18B.01, by adding
subdivisions; 18B.065, by adding a subdivision;
18B.135, subdivision 1; 18B.14, subdivision 2; 18B.26,
subdivisions 1 and 3; 18B.31, subdivision 1; 18B.36,
subdivision 2; 18B.37, subdivision 2; 18C.005,
subdivisions 13 and 35; 18C.115, subdivision 2;
18C.211, subdivision 1; 18C.215, subdivision 2;
18C.305, subdivision 2; 18D.103, by adding a
subdivision; 18D.105, by adding a subdivision; 18E.03,
subdivisions 2, 3, 4, 6, and 7; 18E.04, by adding a
subdivision; 21.85, subdivision 10; 32.11; 32.25,
subdivision 1; and 325F.19, subdivision 7; Laws 1993,
chapter 65, sections 6, subdivision 2; 8, subdivision
1; and 9, subdivisions 4 and 7; repealing Minnesota
Statutes 1992, sections 18C.211, subdivision 3;
18C.215, subdivision 3; 18E.03, subdivision 5; 24.32;
24.33; 24.34; 24.35; 24.36; 24.37; 24.38; 24.39;
24.40; 24.41; and 24.42.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1992, section 18B.01, is
amended by adding a subdivision to read:
Subd. 9a. [FIXED LOCATION.] "Fixed location" means all
stationary restricted and bulk pesticide facility operations
owned or operated by a person located in the same plant location
or locality.
Sec. 2. Minnesota Statutes 1992, section 18B.01, is
amended by adding a subdivision to read:
Subd. 30a. [SUBSTANTIALLY ALTERING; SUBSTANTIALLY ALTER;
SUBSTANTIAL ALTERATION.] "Substantially altering,"
"substantially alter," or "substantial alteration" means
modifying a bulk agricultural chemical storage facility by:
(1) changing the capacity of a safeguard;
(2) adding storage containers in excess of the capacity of
a safeguard as required by rule; or
(3) increasing the size of the single largest storage
container in a safeguard as approved or permitted by the
department of agriculture. This does not include routine
maintenance of safeguards, storage containers, appurtenances,
piping, mixing, blending, weighing, or handling equipment.
Sec. 3. Minnesota Statutes 1992, section 18B.065, is
amended by adding a subdivision to read:
Subd. 2a. [DISPOSAL SITE REQUIREMENT.] The commissioner
must designate a place that is available at least every other
year for the residents of each county in the state to dispose of
unused portions of pesticides.
Sec. 4. Minnesota Statutes 1992, section 18B.135,
subdivision 1, is amended to read:
Subdivision 1. [ACCEPTANCE OF RETURNABLE PESTICIDE
CONTAINERS.] (a) A person distributing, offering for sale, or
selling a pesticide must accept empty pesticide containers and
the unused portion of pesticide that remains in the original
container from a pesticide end user if:
(1) the pesticide was purchased after July 1, 1994; and
(2) the empty container is prepared for disposal in
accordance with label instructions and is returned to the place
of purchase within the state; and
(2) (3) a place is collection site that is seasonably
accessible on multiple days has not been designated in either by
the county board or by agreement with other counties for the
public to return empty pesticide containers and the unused
portion of pesticide for the purpose of reuse or recycling or
following other approved management practices for pesticide
containers in the order of preference established in section
115A.02, paragraph (b), and the county or counties have notified
the commissioner of their intentions annually by February 1, in
writing, to manage the empty pesticide containers.
(b) This subdivision does not prohibit the use of
refillable and reusable pesticide containers.
(c) The legislative water commission must prepare a report
and make a recommendation to the legislature on the handling of
waste pesticide containers and waste pesticides. If a county or
counties designate a collection site as provided in paragraph
(a), clause (3), a person who has been notified by the county or
counties of the designated collection site and who sells
pesticides to a pesticide end user must notify purchasers of
pesticides at the time of sale of the date and location
designated for disposal of empty containers.
(d) For purposes of this section, pesticide containers do
not include containers that have held sanitizers and
disinfectants, pesticides labeled primarily for use on humans or
pets, or pesticides not requiring dilution or mixing.
Sec. 5. Minnesota Statutes 1992, section 18B.14,
subdivision 2, is amended to read:
Subd. 2. [BULK PESTICIDE STORAGE.] (a) A person storing
pesticides in containers of a rated capacity of 500 gallons or
more for more than ten consecutive days at a bulk pesticide
storage facility must obtain a pesticide storage permit from the
commissioner as required by rule.
(b) Applications must be on forms provided by the
commissioner containing information established by rule. The
initial application for a permit must be accompanied by a
nonrefundable application fee of $100 for each location where
the pesticides are stored. An application for a facility that
includes both fertilizers as regulated under chapter 18C and
bulk pesticides as regulated under this chapter shall pay only
one application fee of $100.
(c) The commissioner shall by rule develop and implement a
program to regulate bulk pesticides. The rules must include
installation of secondary containment devices, storage site
security, safeguards, notification of storage site locations,
criteria for permit approval, a schedule for compliance, and
other appropriate requirements necessary to minimize potential
adverse effects on the environment. The rules must conform with
existing rules of the pollution control agency.
(d) A person must obtain a permit from the commissioner on
forms provided by the commissioner before the person constructs
or substantially alters a bulk pesticide storage facility. If
an application is incomplete, the commissioner must notify the
applicant as soon as possible. The permit must be acted upon
within 30 days after receiving a completed application.
(e) An application to substantially alter a facility must
be accompanied by a $50 fee. An application for a facility that
includes both fertilizers regulated under chapter 18C and bulk
pesticides regulated under this chapter shall pay only one
application fee of $50.
(f) An additional application fee of $250 must be paid by
an applicant a person who begins construction of, or
substantially alters, a bulk pesticide agricultural chemical
storage facility before a permit is issued by the commissioner.
The fee under this paragraph may not be charged if the permit is
not acted upon within 30 days after receiving a completed
application, except that the $250 additional fee may not be
assessed if the person submits a permit application with the
required fee to the commissioner before completing the
construction or substantial alteration.
Sec. 6. Minnesota Statutes 1992, section 18B.26,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] (a) A person may not use or
distribute a pesticide in this state unless it is registered
with the commissioner. Aquaculture therapeutics shall be
registered and labeled in the same manner as pesticides.
Pesticide registrations expire on December 31 of each year and
may be renewed on or before that date for the following calendar
year.
(b) Registration is not required if a pesticide is shipped
from one plant or warehouse to another plant or warehouse
operated by the same person and used solely at the plant or
warehouse as an ingredient in the formulation of a pesticide
that is registered under this chapter.
(c) An unregistered pesticide that was previously
registered with the commissioner may be used only for a period
of two years following the cancellation of the registration of
the pesticide, unless the commissioner determines that the
continued use of the pesticide would cause unreasonable adverse
effects on the environment, or with the written permission of
the commissioner. To use the unregistered pesticide at any time
after the two-year period, the pesticide end user must
demonstrate to the satisfaction of the commissioner, if
requested, that the pesticide has been continuously registered
under a different brand name or by a different manufacturer and
has similar composition, or, the pesticide end user obtains the
written permission of the commissioner.
(d) Each pesticide with a unique United States
Environmental Protection Agency pesticide registration number or
a unique brand name must be registered with the commissioner.
Sec. 7. Minnesota Statutes 1992, section 18B.26,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION FEE.] (a) A registrant shall pay an
annual application fee for each pesticide to be registered, and
this fee is set at one-tenth of one percent for calendar year
1990, at one-fifth of one percent for calendar year 1991, and at
two-fifths of one percent for calendar year 1992 and thereafter
of annual gross sales within the state and annual gross sales of
pesticides used in the state, with a minimum nonrefundable fee
of $250 plus an additional one-tenth of one percent for each
pesticide for which the United States Environmental Protection
Agency, Office of Water, has published a Health Advisory Summary
by December 1 of the previous year. The registrant shall
determine when and which pesticides are sold or used in this
state. The registrant shall secure sufficient sales information
of pesticides distributed into this state from distributors and
dealers, regardless of distributor location, to make a
determination. Sales of pesticides in this state and sales of
pesticides for use in this state by out-of-state distributors
are not exempt and must be included in the registrant's annual
report, as required under paragraph (c), and fees shall be paid
by the registrant based upon those reported sales. Sales of
pesticides in the state for use outside of the state are exempt
from the application fee in this paragraph if the registrant
properly documents the sale location and distributors. A
registrant paying more than the minimum fee shall pay the
balance due by March 1 based on the gross sales of the pesticide
by the registrant for the preceding calendar year. The fee for
disinfectants and sanitizers shall be the minimum. The minimum
fee is due by December 31 preceding the year for which the
application for registration is made. Of the amount collected
after calendar year 1990, at least $600,000 per fiscal year must
be credited to the waste pesticide account under section
18B.065, subdivision 5, and the additional amount collected for
pesticides with Health Advisory Summaries shall be credited to
the agricultural project utilization account under section
116O.13 to be used for pesticide use reduction grants by the
agricultural utilization research institute.
(b) An additional fee of $100 must be paid by the applicant
for each pesticide to be registered if the application is a
renewal application that is submitted after December 31.
(c) A registrant must annually report to the commissioner
the amount and type of each registered pesticide sold, offered
for sale, or otherwise distributed in the state. The report
shall be filed by March 1 for the previous year's registration.
The commissioner shall specify the form of the report and
require additional information deemed necessary to determine the
amount and type of pesticides annually distributed in the
state. The information required shall include the brand name,
amount, and formulation of each pesticide sold, offered for
sale, or otherwise distributed in the state, but the information
collected, if made public, shall be reported in a manner which
does not identify a specific brand name in the report.
Sec. 8. Minnesota Statutes 1992, section 18B.31,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] (a) Except as provided in
paragraph (b), a person no individual may not distribute at
wholesale or retail or possess offer for sale or sell a
restricted use pesticides or bulk pesticides with an intent to
distribute them to an ultimate pesticide to a pesticide end user
from any fixed location without a pesticide dealer license.
(b) The A pesticide dealer license requirement does not
apply to is not required for:
(1) a licensed commercial applicator, noncommercial
applicator, or structural pest control applicator who uses
restricted use pesticides only as an integral part of a
pesticide application service;
(2) a federal, state, county, or municipal agency using
restricted use pesticides for its own programs; or
(3) a licensed pharmacist, physician, dentist, or
veterinarian when administering or dispensing a restricted use
pesticide for use in the pharmacist's, physician's, dentist's,
or veterinarian's practice; or
(4) a person at a fixed location that is not used to offer
for sale or sell restricted use or bulk pesticides including,
but not limited to, warehouses or other storage sites.
(c) A licensed pesticide dealer may sell restricted use
pesticides only to an applicator licensed or certified by the
commissioner, unless a sale is allowed by rule.
(d) A pesticide dealer license is required for an
individual not located in Minnesota who offers for sale or sells
a restricted use or bulk pesticide to a pesticide end user
located in Minnesota.
(e) Only one pesticide dealer license is required per fixed
location from which an individual offers for sale or sells a
restricted use or bulk pesticide to an end user.
Sec. 9. Minnesota Statutes 1992, section 18B.36,
subdivision 2, is amended to read:
Subd. 2. [CERTIFICATION.] (a) The commissioner shall
prescribe certification requirements and provide training that
meets or exceeds United States Environmental Protection Agency
standards to certify private applicators and provide information
relating to changing technology to help ensure a continuing
level of competency and ability to use pesticides properly and
safely. The training may be done through cooperation with other
government agencies and must be a minimum of three hours in
duration.
(b) A person must apply to the commissioner for
certification as a private applicator. After completing the
certification requirements, which must include an examination as
determined by the commissioner, an applicant must be certified
as a private applicator to use restricted use pesticides. The
certification is for a period of three calendar years from the
applicant's nearest birthday including the first year of
certification, and expires December 31 of the third year.
(c) The commissioner shall issue a private applicator card
to a private applicator.
Sec. 10. Minnesota Statutes 1992, 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 customer;
(8) name and signature of applicator, name of company,
license number of applicator, and address of applicator company;
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. 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 when the application is completed.
(e) Records must be retained by the applicator, company, or
authorized agent for five years after the date of treatment.
Sec. 11. Minnesota Statutes 1992, section 18C.005,
subdivision 13, is amended to read:
Subd. 13. [GRADE.] "Grade" means the percentage of total
nitrogen (N), available phosphorus (P) or phosphoric acid (P2O5)
phosphate ( P2O5), and soluble potassium (K) or soluble
potash (K2O) ( K2O) stated in whole numbers in the same terms,
order, and percentages as in the guaranteed analysis except the
grade of bone meals, manures, and similar raw materials may be
stated in fractional units, and specialty fertilizers may be
stated in fractional units of less than one percent of total
nitrogen, available phosphorus or phosphoric acid phosphate, and
soluble potassium or soluble potash.
Sec. 12. Minnesota Statutes 1992, section 18C.005,
subdivision 35, is amended to read:
Subd. 35. [SUBSTANTIALLY ALTERING; SUBSTANTIALLY ALTER;
SUBSTANTIAL ALTERATION.] "Substantially
altering," "substantially alter," or "substantial alteration"
means modifying a bulk agricultural chemical storage facility by:
(1) changing the capacity of a safeguard;
(2) adding additional safeguards or storage containers, or
changing existing storage containers, safeguards, appurtenances,
or piping. in excess of the capacity of a safeguard as required
by rule;
(3) increasing the size of the largest storage container in
a safeguard as approved or permitted by the commissioner of
agriculture; or
(4) adding or changing anhydrous ammonia storage containers
or adding ammonia loading or unloading stations. This does not
include routine maintenance of existing safeguards, storage
containers, appurtenances, and piping, or of existing mixing,
blending, weighing, and or handling equipment. For dry bulk
fertilizer, a person may decrease storage capacity without a
substantial alteration permit and may increase storage capacity
up to 150 tons per location annually without a substantial
alteration permit.
Sec. 13. Minnesota Statutes 1992, section 18C.115,
subdivision 2, is amended to read:
Subd. 2. [ADOPTION OF NATIONAL STANDARDS.] Applicable
national standards contained in the 1989 1993 official
publication, number 42 46, of the association of American plant
food control officials including the rules and regulations,
statements of uniform interpretation and policy, and the
official fertilizer terms and definitions, and not otherwise
adopted by the commissioner, may be adopted as fertilizer rules
of this state.
Sec. 14. Minnesota Statutes 1992, section 18C.211,
subdivision 1, is amended to read:
Subdivision 1. [N, P, AND K NUTRIENT CONTENT STATED.] (a)
Until the commissioner prescribes the alternative form of
guaranteed analysis, it must be stated as provided in this
subdivision.
(b) A guaranteed analysis must state the percentage of
plant nutrient content, if claimed, in the following form:
"Total Nitrogen (N) ... percent
Available Phosphoric Acid (P2O5)
Phosphate ( P2O5) ... percent
Soluble Potash (K20) ( K2O) ... percent"
(c) For unacidulated mineral phosphatic materials and basic
slag, bone, tankage, and other organic phosphate materials, the
total phosphoric acid phosphate or degree of fineness may also
be stated.
Sec. 15. Minnesota Statutes 1992, section 18C.215,
subdivision 2, is amended to read:
Subd. 2. [BLENDED, BULK, AND MIXED FERTILIZER.] (a) A
distributor who blends or mixes fertilizer to a customer's order
without a guaranteed analysis of the final mixture or
distributes fertilizer in bulk, must furnish each purchaser with
an invoice or delivery ticket in written or printed form showing
the net weight, name and address of the guarantor, and
guaranteed analysis of each of the materials used in the mixture.
(b) The invoice or delivery ticket must accompany the
delivery.
(c) Records of invoices or delivery tickets must be kept
for five years after the delivery or application.
Sec. 16. Minnesota Statutes 1992, section 18C.305,
subdivision 2, is amended to read:
Subd. 2. [PERMIT FEES.] (a) An application for a new
facility must be accompanied by a nonrefundable application fee
of $100 for each location where fertilizer is stored.
(b) An application to substantially alter a facility must
be accompanied by a nonrefundable $50 fee.
(c) In addition to the fees under paragraphs (a) and (b), a
An additional fee of $250 must be paid by an applicant a person
who begins construction of, or substantial alteration
substantially alters a bulk agricultural chemical storage
facility before a permit is issued by the commissioner, except
that the $250 additional fee may not be assessed if the person
submits a permit application with the required fee to the
commissioner before completing the construction or substantial
alteration.
(d) An application for a facility that includes both
fertilizers, as regulated under this chapter, and pesticides as
regulated under chapter 18B shall pay only one application fee
of $100.
Sec. 17. Minnesota Statutes 1992, section 18D.103, is
amended by adding a subdivision to read:
Subd. 3. [EXCEPTION.] A responsible party or an owner of
real property who is a licensed or certified private or
commercial pesticide applicator is not required to report an
incident to the commissioner under this section if the amount of
pesticide involved in the release plus any other releases which
have occurred at the site during the preceding year is less than
the maximum amount of the pesticide that, consistent with its
label, can be applied to one acre of agricultural crop land
unless the release occurred into or near public water or
groundwater.
Sec. 18. Minnesota Statutes 1992, section 18D.105, is
amended by adding a subdivision to read:
Subd. 3a. [PASSIVE BIOREMEDIATION.] Passive bioremediation
must be considered for pesticide cleanups whenever an assessment
of the site determines that there is a low potential risk to
public health and the environment. The assessment may include
the soil types involved, leaching potential, underlying geology,
proximity to ground and surface water, and the soil half-life of
the pesticides.
Sec. 19. Minnesota Statutes 1992, section 18E.03,
subdivision 2, is amended to read:
Subd. 2. [EXPENDITURES.] (a) Money in the agricultural
chemical response and reimbursement account may only be used:
(1) to pay for the commissioner's responses to incidents
under chapters 18B, 18C, and 18D that are not eligible for
payment under section 115B.20, subdivision 2;
(2) to pay for emergency responses that are otherwise
unable to be funded; and
(3) to reimburse and pay corrective action costs under
section 18E.04; and
(4) by the board to reimburse the commissioner for board
staff and other administrative costs up to $175,000 per fiscal
year.
(b) Money in the agricultural chemical response and
reimbursement account is appropriated to the commissioner to
make payments as provided in this subdivision.
Sec. 20. Minnesota Statutes 1992, section 18E.03,
subdivision 3, is amended to read:
Subd. 3. [DETERMINATION OF RESPONSE AND REIMBURSEMENT
FEE.] (a) The commissioner shall determine the amount of the
response and reimbursement fee under subdivision 5 4 after a
public hearing, but notwithstanding section 16A.128, based on:
(1) the amount needed to maintain an unencumbered balance
in the account of $1,000,000;
(2) the amount estimated to be needed for responses to
incidents as provided in subdivision 2, clauses (1) and (2); and
(3) the amount needed for payment and reimbursement under
section 18E.04.
(b) The commissioner shall determine the response and
reimbursement fee so that the total balance in the account does
not exceed $5,000,000.
(c) Money from the response and reimbursement fee shall be
deposited in the treasury and credited to the agricultural
chemical response and reimbursement account.
Sec. 21. Minnesota Statutes 1992, section 18E.03,
subdivision 4, is amended to read:
Subd. 4. [FEE THROUGH 1990.] (a) The response and
reimbursement fee consists of the surcharge fees surcharges and
any adjustments made by the commissioner in this subdivision and
shall be collected until March 1, 1991 by the commissioner. The
amount of the response and reimbursement fee shall be determined
and imposed annually by the commissioner as required to satisfy
the requirements in subdivision 3. The commissioner shall
adjust the amount of the surcharges imposed in proportion to the
amount of the surcharges listed in this subdivision.
(b) The commissioner shall impose a surcharge on pesticides
registered under chapter 18B to be collected as a surcharge on
the registration application fee under section 18B.26,
subdivision 3, that is equal to 0.1 percent of sales of the
pesticide in the state and sales of pesticides for use in the
state during the period April 1, 1990, through December 31, 1990
previous calendar year, except the surcharge may not be imposed
on pesticides that are sanitizers or disinfectants as determined
by the commissioner. The registrant shall determine when and
which pesticides are sold or used in this state. The registrant
shall secure sufficient sales information of pesticides
distributed into this state from distributors and dealers,
regardless of distributor location, to make a determination.
Sales of pesticides in this state and sales of pesticides for
use in this state by out-of-state distributors are not exempt
and must be included in the registrant's annual report, as
required under section 18B.26, subdivision 3, paragraph (c), and
fees shall be paid by the registrant based upon those reported
sales. Sales of pesticides in the state for use outside of the
state are exempt from the surcharge in this paragraph if the
registrant properly documents the sale location and the
distributors.
(c) The commissioner shall impose a ten cents per ton
surcharge on the inspection fee under section 18C.425,
subdivision 6, for fertilizers, soil amendments, and plant
amendments.
(d) The commissioner shall impose a surcharge on the
license application of persons licensed under chapters 18B and
18C consisting of:
(1) a $150 $75 surcharge for each site where pesticides are
stored or distributed, to be imposed as a surcharge on pesticide
dealer application fees under section 18B.31, subdivision 5;
(2) a $150 $75 surcharge for each site where a fertilizer,
plant amendment, or soil amendment is distributed, to be imposed
on persons licensed under sections 18C.415 and 18C.425;
(3) a $50 surcharge to be imposed on a structural pest
control applicator license application under section 18B.32,
subdivision 6, for business license applications only;
(4) a $20 surcharge to be imposed on commercial applicator
license application fees under section 18B.33, subdivision
7; and
(5) a $20 surcharge to be imposed on noncommercial
applicator license application fees under section 18B.34,
subdivision 5, except a surcharge may not be imposed on a
noncommercial applicator that is a state agency, political
subdivision of the state, the federal government, or an agency
of the federal government; and
(6) a $25 surcharge for licensed lawn service applicators
under chapter 18B or 18C, to be imposed on license application
fees.
(e) If a person has more than one license for a site, only
one surcharge may be imposed to cover all the licenses for the
site.
(f) (e) A $1,000 fee shall be imposed on each site where
pesticides are stored and sold for use outside of the state
unless:
(1) the distributor properly documents that it has less
than $2,000,000 per year in wholesale value of pesticides stored
and transferred through the site; or
(2) the registrant pays the surcharge under paragraph (b)
and the registration fee under section 18B.26, subdivision 3,
for all of the pesticides stored at the site and sold for use
outside of the state.
(g) (f) Paragraphs (c) to (f) (e) apply to sales, licenses
issued, applications received for licenses, and inspection fees
imposed on or after July 1, 1990.
Sec. 22. Minnesota Statutes 1992, section 18E.03,
subdivision 6, is amended to read:
Subd. 6. [REVENUE SOURCES.] Revenue from the following
sources must be deposited in the state treasury and credited to
the agricultural chemical response and reimbursement account:
(1) the proceeds of the fees imposed by subdivisions 3 and
5 4;
(2) money recovered by the state for expenses paid with
money from the account;
(3) interest attributable to investment of money in the
account; and
(4) money received by the commissioner in the form of
gifts, grants other than federal grants, reimbursements, and
appropriations from any source intended to be used for the
purposes of the account.
Sec. 23. Minnesota Statutes 1992, section 18E.03,
subdivision 7, is amended to read:
Subd. 7. [APPROPRIATION AND REIMBURSEMENT.] The amount of
the response and reimbursement fee imposed under subdivisions
3 to 5 and 4 is appropriated from the general fund to the
agricultural chemical response and reimbursement account to be
reimbursed when the fee is collected.
Sec. 24. Minnesota Statutes 1992, section 18E.04, is
amended by adding a subdivision to read:
Subd. 2a. [INELIGIBILITY FOR REIMBURSEMENT OR
PAYMENT.] Pesticides that are sanitizers and disinfectants and
are exempt from surcharges are ineligible for reimbursement or
payment under this section.
Sec. 25. Minnesota Statutes 1992, section 21.85,
subdivision 10, is amended to read:
Subd. 10. [COMMISSIONER MAY ALTER REQUIREMENTS IN
EMERGENCIES.] In the event of acute shortages of any seed or
seeds, or the occurrence of other conditions which in the
opinion of the commissioner create an emergency which would make
impractical the enforcement of any requirement of sections 21.80
to 21.92 relating to the percentage of purity and, weed seed
content, and the variety name of any seed or seeds, the
commissioner may temporarily change and alter any requirement
relating to percentage of purity and, weed seed content, and the
variety name for the duration of the emergency.
Sec. 26. Minnesota Statutes 1992, section 32.11, is
amended to read:
32.11 [DISCRIMINATION IN BUYING AND SELLING; SCHEDULE OF
PRICES.]
(a) Any person, firm, copartnership, or corporation engaged
in the business of buying milk, cream or butterfat for
manufacture or for sale of such milk, cream, or butterfat, who
shall discriminate between different sections, localities,
communities, or cities of this state, or who shall discriminate
between persons in the same section, locality, community or city
of this state, by purchasing such commodity at a higher price or
rate from one person or in one locality than is paid for the
same commodity by such person, firm, copartnership, or
corporation in the same locality or in another locality, after
making due allowance for the difference, if any, in the
reasonable cost of transportation from the locality of purchase
to the locality of manufacture or locality of sale of such milk,
cream, or butterfat, shall be deemed guilty of unfair
discrimination, which is a misdemeanor.
(b) A processor or wholesaler who sells selected class I or
class II dairy products as defined in section 32.70 in Minnesota
shall maintain a current schedule of prices showing rebates,
discounts, refunds, and price differentials for the selected
dairy products offered for sale at wholesale to retailers or to
another wholesaler.
Sec. 27. Minnesota Statutes 1992, section 32.25,
subdivision 1, is amended to read:
Subdivision 1. [MILK FAT, PROTEIN, AND SOLIDS NOT FAT
BASES OF PAYMENT; TESTS.] All Milk and cream must be purchased
from producers shall be purchased by weight and using a formula
based on one or more of the following methods:
(1) payment of a standard rate with uniform differentials
for milk testing above or below 3.5 percent milk fat;
(1) (2) payment of a standard rate with uniform
differentials for milk testing above or below 3.5 percent milk
fat for the pounds of milk fat contained in the milk;
(2) (3) payment of a standard rate with uniform
differentials for milk testing above or below 3.5 percent milk
fat and above or below a base percent for the pounds of protein
contained in the milk;
(3) (4) payment of a standard rate with uniform
differentials for milk testing above or below 3.5 percent milk
fat and above or below a base percent for the pounds of solids
not fat contained in the milk; or
(5) payment of standard rates based on other attributes of
value in the milk.
In addition, an adjustment to the milk price may be made on
the basis of milk quality, and the component price payment may
be subject to the milk quality and other premiums.
Testing procedures for determining the percentages of milk
fat, protein, and milk solids not fat shall be must comply with
the Association of Analytical Chemists approved methods or be as
adopted by rule.
Sec. 28. Minnesota Statutes 1992, section 325F.19,
subdivision 7, is amended to read:
Subd. 7. "Presenting a clear and present danger" means
known to cause physical damage to structure or health hazards to
occupants through continuing direct contact or release of a
hazardous substances substance as defined in section 24.33
115B.02.
Sec. 29. Laws 1993, chapter 65, section 6, subdivision 2,
is amended to read:
Subd. 2. [BASIC COST.] (a) "Basic cost" for a processor
means the actual cost of the raw milk plus 75 percent of the
actual processing and handling costs for a selected class I or
class II dairy product.
(b) "Basic cost" for a wholesaler means the actual cost of
the selected class I or class II dairy product purchased from
the processor or another wholesaler. Basic cost for a
wholesaler does not include any part of an over-order premium
assessment under section 32.73.
(c) "Basic cost" for a retailer means the actual cost of
the selected class I or class II dairy product purchased from a
processor or wholesaler. Basic cost for a retailer does not
include any part of an over-order premium assessment under
section 32.73.
Sec. 30. Laws 1993, chapter 65, section 8, subdivision 1,
is amended to read:
Subdivision 1. [POLICY; PROCESSORS; WHOLESALERS;
RETAILERS.] (a) It is the intent of the legislature to
accomplish partial deregulation of milk marketing with a minimum
negative impact upon small volume retailers.
(b) A processor or wholesaler may not sell or offer for
sale selected class I or class II dairy products at a price
lower than the processor's or wholesaler's basic cost.
(c) A retailer may not sell or offer for sale selected
class I or class II dairy products at a retail price lower than
107.5 (1) 105 percent of the retailer's basic cost until June
30, 1994; and (2) the retailer's basic cost beginning July 1,
1994, and thereafter. A retailer may not use any method or
device in the sale or offer for sale of a selected dairy product
that results in a violation of this section.
Sec. 31. Laws 1993, chapter 65, section 9, subdivision 4,
is amended to read:
Subd. 4. [EXEMPTIONS.] Selected class I dairy products
sold as home delivery retail sales, sales involving the women,
infants, and children nutrition program (WIC), and sales to
public or nonpublic schools are exempt from assessment under
this section.
Sec. 32. Laws 1993, chapter 65, section 9, subdivision 7,
is amended to read:
Subd. 7. [ANNUAL REPORT.] Not later than February 1 of
1994 1995 and each year thereafter, the commissioner, after
consultation with representatives of the dairy production,
processing, and marketing industries, shall report to the chairs
of the agriculture committees of the senate and the house of
representatives on the impacts and benefits to dairy farmers of
the over-order premium and dairy marketing partial deregulation
provisions of this act and the level of over-order premiums
provided by common marketing agencies in the upper midwest
during the previous calendar year. In addition, the February 1,
1994 1995 report must provide recommendations concerning the
desirability of exempting from the over-market premium
assessment selected class I dairy products sold to certain
not-for-profit customers, including hospitals, nursing homes,
licensed day care providers, and residential care facilities and
institutions. The report provided by the commissioner on
February 1, 1995, must include an assessment of the impact of
the removal of retail price controls during the month of June,
1994.
Sec. 33. [COMMISSIONER'S NOTICE TO RETAILERS.]
The commissioner of agriculture shall provide written
notice to persons who sell selected class I or class II dairy
products at retail, as those terms are defined in Laws 1993,
chapter 65, of the provisions of Laws 1993, chapter 65, and this
act relating to the requirements for pricing at the retail
level. The commissioner shall make every effort to provide such
notice as soon as is reasonably possible.
Sec. 34. [TASK FORCE; DAIRY PRICE DEREGULATION.]
Subdivision 1. [ESTABLISHMENT; MEMBERSHIP.] There is
established a task force on dairy price deregulation consisting
of:
(1) the chairs of the commerce and consumer protection and
agriculture and rural development committees of the senate or
members designated by the chairs;
(2) the chairs of the agriculture and commerce and economic
development committees of the house of representatives or
members designated by the chairs;
(3) one minority party member of the senate appointed by
the minority leader of the senate;
(4) one minority party member of the house of
representatives appointed by the minority leader of the house;
and
(5) six members appointed by the governor.
Members appointed by the governor must represent consumers
and processors, wholesalers, and the retail segment of the dairy
industry. The governor shall make all appointments to the task
force not later than July 1, 1993.
Members appointed by the governor shall be compensated as
provided under Minnesota Statutes, section 15.059, subdivision 6.
The governor shall select a chair from among the members of
the task force.
Subd. 2. [DUTIES; STAFF SUPPORT.] The task force shall
conduct a study of the dairy processing and marketing industry,
including:
(1) the impacts and benefits to processors, wholesalers,
retailers, and consumers of dairy marketing partial
deregulation;
(2) the impacts that would occur under various levels of
deregulation at the processor, wholesale, and retail segments of
the dairy industry; and
(3) the feasibility of requiring uniform wholesale prices
to all retailers of class I and class II dairy products.
Upon request of the task force, the commissioner of
agriculture shall provide technical and staff assistance to the
task force.
Subd. 3. [REPORT.] Not later than February 1, 1994, the
task force shall report to the legislature on its findings and
recommendations.
Subd. 4. [EXPIRATION.] The task force expires May 1, 1994.
Subd. 5. [APPROPRIATION.] There is appropriated to the
commissioner of agriculture in fiscal year 1994, from the dairy
services account, amounts necessary for the costs incurred for
expenses of task force members under Minnesota Statutes, section
15.059, subdivision 6, and costs for preparation and production
of the report.
Sec. 35. [EDUCATION SPECIALIST; AGRICULTURE.]
The department of education shall maintain the current
functions and responsibilities related to agriculture, secondary
agriculture education, and the Future Farmers of America (FFA)
that were performed by an education specialist II on June 1,
1992. A person qualified with a background in agriculture
education must be assigned to fulfill these responsibilities.
Sec. 36. [APPROPRIATION; EDUCATION SPECIALIST
AGRICULTURE.]
$35,000 in fiscal year 1994 and $35,000 in fiscal year 1995
are appropriated from the general fund to the commissioner of
education to maintain the current functions and responsibilities
as described in section 35.
Sec. 37. [OILSEED PROCESSING; FEASIBILITY.]
The commissioner of agriculture shall conduct a study of
the feasibility of developing a producer-controlled oilseed
production facility to process canola, crambe, and other
grains. Consideration shall be given to grants, loans, tax
incentives, and bonding. The commissioner shall work with
agricultural utilization research institute, the University of
Minnesota, and other interested parties. The commissioner shall
report the findings of the study to the house committee on
agriculture and the senate committee on agriculture and rural
development by January 15, 1994.
Sec. 38. [REPORTS ON PESTICIDE CONTAINERS AND WASTE
PESTICIDES.]
Subdivision 1. [AGRICULTURAL PESTICIDE CONTAINERS.] The
commissioner shall prepare a report with recommendations to the
legislature by January 1, 1995, on the handling of empty
agricultural pesticide containers and unused portions of
agricultural pesticides used for the production of food, feed,
or fiber crop use using the following criteria:
(1) the minimization of the disposal of agricultural
pesticide containers and waste agricultural pesticides;
(2) the collection and recycling of agricultural pesticide
containers; and
(3) the collection and disposal of waste agricultural
pesticides.
Subd. 2. [PESTICIDE CONTAINERS.] The commissioner shall
prepare a report with recommendations to the legislature by
January 1, 1997, on the handling of empty pesticide containers
and waste pesticides and shall report on the progress made in
achieving the following goals:
(1) the minimization of the disposal of pesticide
containers and waste pesticides;
(2) the collection and recycling of pesticide containers;
and
(3) the collection and proper disposal of waste pesticides.
Subd. 3. [RECOMMENDATIONS.] Each report required under
this section shall also include recommendations for the
internalization of the management costs for waste pesticides and
pesticide containers amongst pesticide manufacturers,
distributors, and retailers.
Sec. 39. [APPROPRIATIONS.]
$200,000 in fiscal year 1994 and $200,000 in fiscal year
1995 are appropriated from the pesticide regulatory account to
the agricultural project utilization account to be used for
cooperative research including pesticide use reduction,
technology transfer of pesticide reduction practices, and the
evaluation and demonstration of best management practices as
developed by the department of agriculture, with the goals of
achieving a reduction in input costs of producers and improving
utilization of integrated pest management, biological pest
controls, and other pesticide reduction practices. Research may
also be conducted regarding agricultural chemical spill site
remediation.
Sec. 40. [TRANSFER OF FUNDS.]
The commissioner of finance shall transfer any remaining
balance in the dairy industry unfair trade practices account to
the dairy services account.
Sec. 41. [REPEALER.]
Minnesota Statutes 1992, sections 18C.211, subdivision 3;
18C.215, subdivision 3; 18E.03, subdivision 5; 24.32; 24.33;
24.34; 24.35; 24.36; 24.37; 24.38; 24.39; 24.40; 24.41; and
24.42, are repealed.
Sec. 42. [EFFECTIVE DATE.]
Section 26 is effective June 1, 1993. Sections 29, 33, 34,
and 40 are effective the day following final enactment. Section
27, is effective August 1, 1993, and is not subject to the
contingency contained in Laws 1984, chapter 509, section 2.
Sections 30 and 31 are effective August 1, 1993. Sections 35
and 36 are effective July 1, 1993.
Presented to the governor May 20, 1993
Signed by the governor May 24, 1993, 5:52 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes