Minnesota Session Laws - 2002, Regular Session

                            CHAPTER 369-S.F.No. 3463 
                  An act relating to agriculture; clarifying the 
                  prohibition on certain application of pesticides; 
                  amending Minnesota Statutes 2000, section 18B.07, 
                  subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 18B.07, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PROHIBITED PESTICIDE USE.] (a) A person may not 
        use, store, handle, distribute, or dispose of a pesticide, 
        rinsate, pesticide container, or pesticide application equipment 
        in a manner: 
           (1) that is inconsistent with a label or labeling as 
        defined by FIFRA; 
           (2) that endangers humans, damages agricultural products, 
        food, livestock, fish, or wildlife; or 
           (3) that will cause unreasonable adverse effects on the 
        environment.  
           (b) A person may not direct a pesticide onto property 
        beyond the boundaries of the target site.  A person may not 
        apply a pesticide resulting in damage to adjacent property. 
           (c) A person may not directly apply a pesticide on a human 
        by overspray or target site spray, except when: 
           (1) the pesticide is intended for use on a human; 
           (2) the pesticide application is for mosquito control 
        operations conducted before June 30, 2003, in compliance with 
        paragraph (d), clauses (1) and (2); 
           (3) the pesticide application is for control of gypsy moth, 
        forest tent caterpillar, or other pest species, as determined by 
        the commissioner, and the pesticide used is a biological agent; 
        or 
           (4) the pesticide application is for a public health risk, 
        as determined by the commissioner of health, and the 
        commissioner of health, in consultation with the commissioner of 
        agriculture, determines that the application is warranted based 
        on the commissioner's balancing of the public health risk with 
        the risk that the pesticide application poses to the health of 
        the general population, with special attention to the health of 
        children. 
           (d) For pesticide applications under paragraph (c), clauses 
        (3) and (4), the following conditions apply: 
           (1) no practicable and effective alternative method of 
        control exists; 
           (2) the pesticide is among the least toxic available for 
        control of the target pest; and 
           (3) notification of residents in the area to be treated is 
        provided by direct notification and through publication in a 
        newspaper of general circulation within the affected area. 
           (e) For purposes of this subdivision, "direct notification" 
        may include mailings, public meetings, posted placards, 
        neighborhood newsletters, or other means of contact designed to 
        reach as many residents as possible. 
           (d) (f) A person may not apply a pesticide in a manner so 
        as to expose a worker in an immediately adjacent, open field. 
           Sec. 2.  [EFFECTIVE DATE.] 
           Section 1 is effective the day following final enactment. 
           Presented to the governor May 9, 2002 
           Signed by the governor May 10, 2002, 8:30 a.m.