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Minnesota Legislature

Office of the Revisor of Statutes

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

                             CHAPTER 6-S.F.No. 424 
                  An act relating to agriculture; authorizing the 
                  commissioner of agriculture to allow the distribution 
                  of nonregistered pesticides for certain uses outside 
                  the state; amending Minnesota Statutes 1998, section 
                  18B.26, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 18B.26, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT.] (a) Except as provided in 
        paragraphs (b) to (d), a person may not use or distribute a 
        pesticide in this state unless it is registered with the 
        commissioner.  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 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) The commissioner may allow specific pesticide products 
        that are not registered with the commissioner to be distributed 
        in this state for use in another state.  
           (e) 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. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective retroactive to January 1, 1999. 
           Presented to the governor March 5, 1999 
           Signed by the governor March 8, 1999, 11:08 a.m.