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Office of the Revisor of Statutes

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

                             CHAPTER 95-S.F.No. 839 
                  An act relating to agriculture; modifying pesticide 
                  posting requirements; changing certain pesticide 
                  dealer requirements; changing expiration of pesticide 
                  applicator certifications; requiring consideration of 
                  passive bioremediation in certain cases; providing for 
                  land application of agricultural chemical contaminated 
                  soil and other media; changing classification and 
                  endorsement requirements to operate a vehicle carrying 
                  liquid fertilizer; amending Minnesota Statutes 1994, 
                  sections 18B.07, subdivision 3; 18B.31; 18B.36, 
                  subdivision 2; 18D.01, by adding a subdivision; 
                  18D.105, subdivision 3a; and 171.02, subdivision 2a; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 18D. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 18B.07, 
        subdivision 3, is amended to read: 
           Subd. 3.  [POSTING.] (a) All fields receiving applications 
        of pesticide(s) bearing the label statement "Notify workers of 
        the application by warning them orally and by posting signs at 
        entrances to treated areas" must be posted in accordance with 
        labeling and rules adopted under this chapter. 
           (b) Sites being treated with pesticides through irrigation 
        systems must be posted throughout the period of pesticide 
        treatment.  The posting must be done in accordance with labeling 
        and rules adopted under this chapter. 
           (c) If federal worker protection standards are not 
        applicable, soil applied insecticides are exempt from posting 
        requirements. 
           Sec. 2.  Minnesota Statutes 1994, section 18B.31, is 
        amended to read: 
           18B.31 [PESTICIDE DEALER LICENSE.] 
           Subdivision 1.  [REQUIREMENT.] (a) Except as provided in 
        paragraph (b), no individual fixed location may offer for sale 
        or sell a restricted use or bulk pesticide to a pesticide end 
        user from any fixed location without a pesticide dealer license. 
           (b) A pesticide dealer license 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; 
           (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 is offered for sale or sold to 
        an a pesticide end user.  
           Subd. 2.  [RESPONSIBILITY.] A pesticide dealer is 
        responsible for the acts of a person who assists the dealer in 
        the solicitation and sale of restricted use pesticides.  
           Subd. 3.  [LICENSE.] A pesticide dealer license:  
           (1) expires on December 31 of each year unless it is 
        suspended or revoked before that date; 
           (2) is not transferable to another person or location; and 
           (3) must be prominently displayed to the public in the 
        pesticide dealer's place of business.  
           Subd. 4.  [APPLICATION.] (a) A person must apply to the 
        commissioner for a pesticide dealer license on the forms and in 
        the manner required by the commissioner.  The commissioner must 
        prescribe and administer a closed-book, monitored examination, 
        or equivalent measure to determine if the applicant is eligible 
        to sell bulk pesticides or restricted use pesticides. 
           (b) The commissioner may require an additional 
        demonstration of dealer qualification if the dealer has had a 
        license suspended or revoked, or has otherwise had a history of 
        violations of this chapter.  
           Subd. 5.  [APPLICATION FEE.] (a) An application for a 
        pesticide dealer license must be accompanied by a nonrefundable 
        application fee of $50. 
           (b) If an application for renewal of a pesticide dealer 
        license is not filed before January 1 of the year for which the 
        license is to be issued, an additional fee of $20 must be paid 
        by the applicant before the license is issued. 
           (c) An application for a duplicate pesticide dealer's 
        license must be accompanied by a nonrefundable application fee 
        of $10.  
           Sec. 3.  Minnesota Statutes 1994, 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 including 
        the first year of certification, and expires December 31 shall 
        expire March 1 of the third calendar year after the initial year 
        of certification. 
           (c) The commissioner shall issue a private applicator card 
        to a private applicator. 
           Sec. 4.  Minnesota Statutes 1994, section 18D.01, is 
        amended by adding a subdivision to read: 
           Subd. 3a.  [CONTAMINATED MEDIA.] "Contaminated media" means 
        any soil, water, sediment, debris, or other material which 
        contains an agricultural chemical at a concentration that may 
        cause unreasonable adverse effects on the environment and is not 
        the result of a legal use, as determined by the commissioner. 
           Sec. 5.  Minnesota Statutes 1994, section 18D.105, 
        subdivision 3a, is amended to read: 
           Subd. 3a.  [PASSIVE BIOREMEDIATION.] Passive bioremediation 
        must be considered for pesticide and fertilizer 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. 6.  [18D.1052] [LAND APPLICATION OF AGRICULTURAL 
        CHEMICAL CONTAMINATED SOIL AND OTHER MEDIA.] 
           Subdivision 1.  [APPLICATION OF CONTAMINATED MEDIA.] The 
        commissioner may, upon request, provide a written authorization 
        to a responsible party, owner of real property, or other person, 
        for land application of contaminated media.  A written land 
        application request must be submitted to the commissioner, in a 
        form prescribed by the commissioner, and approved by the 
        commissioner prior to any land application.  The commissioner 
        may approve a land application request if the commissioner 
        determines that the land application will not cause unreasonable 
        adverse effects on the environment.  An authorization for land 
        application must prescribe appropriate application rates and 
        other operational control practices to protect human health and 
        the environment and must identify each site or sites where land 
        application is authorized to be performed. 
           Subd. 2.  [EXCEPTIONS.] A land application specifically 
        allowed under a state or federal permit, license, or other 
        written approval by an authorized state or federal agency is 
        exempt from this section.  In the event of an emergency, or for 
        small quantities of contaminated media, as determined by the 
        commissioner, contaminated media may be land applied without 
        prior written approval, providing that the land application is 
        orally approved by the commissioner prior to the application.  
        The commissioner shall confirm the oral approval in writing 
        within three business days of an oral approval. 
           Sec. 7.  Minnesota Statutes 1994, section 171.02, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [EXCEPTION TO HAZARDOUS MATERIALS ENDORSEMENT 
        EXCEPTIONS.] Notwithstanding subdivision 2, (1) a hazardous 
        materials endorsement is not required to operate a vehicle 
        having a gross vehicle weight of 26,000 pounds or less while 
        carrying in bulk tanks a total of not more than 200 gallons of 
        petroleum products and (2) a class CC license or hazardous 
        materials endorsement is not required to operate a farm vehicle 
        as defined in Code of Federal of Regulations, title 49, section 
        390.5, having a gross vehicle weight of 26,000 pounds or less 
        while carrying in bulk tanks a total of not more than 1,500 
        gallons of liquid fertilizer. 
           Sec. 8.  [EFFECTIVE DATE.] 
           This act is effective the day after final enactment. 
           Presented to the governor April 25, 1995 
           Signed by the governor April 26, 1995, 2:10 p.m.