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                            CHAPTER 330-H.F.No. 2116 
                  An act relating to agriculture; changing provisions of 
                  plant pests, fertilizer, and lime; changing licensing 
                  requirements for aquatic pest control applicators; 
                  amending Minnesota Statutes 1994, sections 18.52, 
                  subdivisions 2 and 5; 18.53; 18B.32; 18B.33, 
                  subdivision 1; 18B.34, subdivision 1; 18C.005, 
                  subdivisions 6, 13, 20, 22, 33, 34, and by adding a 
                  subdivision; 18C.115, subdivision 2; 18C.215, 
                  subdivisions 1 and 2; 18C.415, subdivision 1; 18C.531, 
                  subdivision 8, and by adding a subdivision; 18C.545, 
                  subdivision 2; and 18E.03, subdivision 4; proposing 
                  coding for new law in Minnesota Statutes, chapter 18B; 
                  repealing Minnesota Statutes 1994, section 18C.531, 
                  subdivision 26. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 18.52, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXPIRATION.] Said certificate shall expire 
        annually on November 15 of each year December 31.  
           Sec. 2.  Minnesota Statutes 1994, section 18.52, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FEES; PENALTY.] A nursery stock dealer shall pay 
        an annual fee based on the dealer's gross sales during the 
        preceding certificate year.  A nursery stock dealer operating 
        for the first year will pay the minimum fee. 
          Dealers:
          (1)  Gross sales up to                 at a location
               $5,000                            $70 per location
          
          (2)  Gross sales over $5,000           at a location
               up to $10,000                     $100 per location
          
          (3)  Gross sales over $10,000          at a location
               up to $25,000                     $200 per location
          
          (4)  Gross sales over $25,000          at a location
               up to $75,000                     $300 per location
          
          (5)  Gross sales over $75,000          at a location
               up to $100,000                    $400 per location
          
          (6)  Gross sales over $100,000         at a location
               up to $250,000                    $500 per location
          (7)  Gross sales over $250,000         at a location
                                                 $600 per location
           In addition to the above fees, a minimum penalty of $10 or 
        25 percent of the fee due, whichever is greater, shall be 
        charged for any application for renewal not received by January 
        1 of the year following expiration of a certificate. 
           Sec. 3.  Minnesota Statutes 1994, section 18.53, is amended 
        to read: 
           18.53 [GREENHOUSE CERTIFICATION.] 
           The commissioner may inspect and certify greenhouses and 
        greenhouse plants as being free from plant pests upon request of 
        the greenhouse operator and issue a greenhouse certificate.  The 
        fee is $50 for each greenhouse operator.  The certificate 
        expires on November 15 December 31 next following the date of 
        issue.  
           Sec. 4.  [18B.315] [AQUATIC PEST CONTROL LICENSE.] 
           Subdivision 1.  [REQUIREMENT.] (a) A person may not engage 
        in aquatic pest control applications: 
           (1) for hire without an aquatic pest control license; and 
           (2) as a sole proprietorship, company, partnership, or 
        corporation unless the person is or employs a licensed master in 
        aquatic pest control operations. 
           (b) An aquatic pest control licensee must have a valid 
        license identification card when applying pesticides for hire 
        and must display it upon demand by an authorized representative 
        of the commissioner or law enforcement officer.  The license 
        identification card must contain information required by the 
        commissioner. 
           Subd. 2.  [LICENSES.] (a) An aquatic pest control license: 
           (1) expires on December 31 of the year for which the 
        license is issued; 
           (2) is not transferable; and 
           (3) must be prominently displayed to the public in the 
        aquatic pest controller's place of business. 
           (b) The commissioner shall establish categories of master 
        and journeyman for a person to be licensed under an aquatic pest 
        control license. 
           Subd. 3.  [APPLICATION.] (a) A person must apply to the 
        commissioner for an aquatic pest control license on forms and in 
        a manner required by the commissioner.  The commissioner shall 
        require the applicant to pass a written, closed-book, monitored 
        examination or oral examination, or both, and may also require a 
        practical demonstration regarding aquatic pest control.  The 
        commissioner shall establish the examination procedure, 
        including the phases and contents of the examination. 
           (b) The commissioner may license a person as a master under 
        an aquatic pest control license if the person has the necessary 
        qualifications through knowledge and experience to properly 
        plan, determine, and supervise the selection and application of 
        pesticides in aquatic pest control.  To demonstrate the 
        qualifications and become licensed as a master under the aquatic 
        pest control license, a person must: 
           (1) pass a closed-book test administered by the 
        commissioner; 
           (2) have direct experience as a licensed journeyman under 
        an aquatic pest control license for at least two years by this 
        state or a state with equivalent certification requirements, or 
        have at least 1,600 hours of qualifying experience in the 
        previous four years as determined by the commissioner; and 
           (3) show practical knowledge and field experience under 
        clause (2) in the actual selection and application of pesticides 
        under varying conditions. 
           (c) The commissioner may license a person as a journeyman 
        under an aquatic pest control license if the person: 
           (1) has the necessary qualifications in the practical 
        selection and application of pesticides; 
           (2) has passed a closed-book examination given by the 
        commissioner; and 
           (3) is engaged as an employee of or is working under the 
        direction of a person licensed as a master under an aquatic pest 
        control license. 
           Subd. 4.  [RENEWAL.] (a) An aquatic pest control applicator 
        license may be renewed on or before the expiration of an 
        existing license subject to reexamination, attendance at 
        workshops approved by the commissioner, or other requirements 
        imposed by the commissioner to provide the applicator with 
        information regarding changing technology and to help assure a 
        continuing level of competency and ability to use pesticides 
        safely and properly.  The commissioner may require an additional 
        demonstration of applicator qualification if the applicator has 
        had a license suspended or revoked or has otherwise had a 
        history of violations of this chapter. 
           (b) If a person fails to renew an aquatic pest control 
        license within three months of its expiration, the person must 
        obtain an aquatic pest control license subject to the 
        requirements, procedures, and fees required for an initial 
        license. 
           Subd. 5.  [FINANCIAL RESPONSIBILITY.] (a) An aquatic pest 
        control license may not be issued unless the applicant furnishes 
        proof of financial responsibility.  The financial responsibility 
        may be demonstrated by: 
           (1) proof of net assets equal to or greater than $50,000; 
        or 
           (2) a performance bond or insurance of a kind and in an 
        amount determined by the commissioner. 
           (b) The bond or insurance must cover a period of time at 
        least equal to the term of the applicant's license.  The 
        commissioner shall immediately suspend the license of a person 
        who fails to maintain the required bond or insurance.  The 
        performance bond or insurance policy must contain a provision 
        requiring the insurance or bonding company to notify the 
        commissioner by ten days before the effective date of 
        cancellation, termination, or any other change of the bond or 
        insurance.  If there is recovery against the bond or insurance, 
        additional coverage must be secured to maintain financial 
        responsibility equal to the original amount required. 
           (c) An employee of a licensed person is not required to 
        maintain an insurance policy or bond during the time the 
        employer is maintaining the required insurance or bond. 
           (d) Applications for reinstatement of a license suspended 
        under this section must be accompanied by proof of satisfaction 
        of judgments previously rendered. 
           Subd. 6.  [FEES.] (a) An applicant for an aquatic pest 
        control license for a business must pay a nonrefundable 
        application fee of $100.  An employee of a licensed business 
        must pay a nonrefundable application fee of $50 for an 
        individual aquatic pest control license. 
           (b) An application received after expiration of the aquatic 
        pest control license is subject to a penalty of 50 percent of 
        the application fee. 
           (c) An applicant that meets renewal requirements by 
        reexamination instead of attending workshops must pay the 
        equivalent workshop fee for the reexamination as determined by 
        the commissioner. 
           Sec. 5.  Minnesota Statutes 1994, section 18B.32, is 
        amended to read: 
           18B.32 [STRUCTURAL OR AQUATIC PEST CONTROL LICENSE.] 
           Subdivision 1.  [REQUIREMENT.] (a) A person may not engage 
        in structural or aquatic pest control applications: 
           (1) for hire without a structural pest control license or, 
        for an aquatic pest control application, an aquatic pest control 
        license; and 
           (2) as a sole proprietorship, company, partnership, or 
        corporation unless the person is or employs a licensed master in 
        structural pest control operations or, for an aquatic pest 
        control application, a commercial aquatic applicator. 
           (b) A structural or aquatic pest control licensee must have 
        a valid license identification card when applying pesticides for 
        hire and must display it upon demand by an authorized 
        representative of the commissioner or a law enforcement 
        officer.  The license identification card must contain 
        information required by the commissioner.  
           (c) Notwithstanding the licensing requirements of this 
        subdivision, a person may control the following nuisance or 
        economically damaging wild animals, by trapping, without a 
        structural pest control license:  
           (1) fur-bearing animals, as defined in section 97A.015, 
        with a valid trapping license or special permit from the 
        commissioner of natural resources; and 
           (2) skunks, woodchucks, gophers, porcupines, coyotes, 
        moles, and weasels. 
           Subd. 2.  [LICENSES.] (a) A structural or aquatic pest 
        control license: 
           (1) expires on December 31 of the year for which the 
        license is issued; 
           (2) is not transferable; and 
           (3) must be prominently displayed to the public in the 
        structural or aquatic pest controller's place of business.  
           (b) The commissioner shall establish categories of master, 
        journeyman, and fumigator for a person to be licensed under a 
        structural pest control license and, for an aquatic pest control 
        license, the categories of commercial aquatic applicator and 
        certified aquatic applicator. 
           Subd. 3.  [APPLICATION.] (a) A person must apply to the 
        commissioner for a structural or aquatic pest control license on 
        forms and in the manner required by the commissioner.  The 
        commissioner shall require the applicant to pass a written, 
        closed-book, monitored examination or oral examination, or both, 
        and may also require a practical demonstration regarding 
        structural or aquatic pest control.  The commissioner shall 
        establish the examination procedure, including the phases and 
        contents of the examination.  
           (b) The commissioner may license a person as a master under 
        a structural pest control license or, for aquatic pest control 
        applications, as a commercial aquatic applicator if the person 
        has the necessary qualifications through knowledge and 
        experience to properly plan, determine, and supervise the 
        selection and application of pesticides in structural or aquatic 
        pest control.  To demonstrate the qualifications and become 
        licensed as a master under a structural pest control license or, 
        for aquatic pest control applications, as a commercial aquatic 
        applicator, a person must:  
           (1) pass a closed-book testing test administered by the 
        commissioner; 
           (2) have direct experience as a licensed journeyman under a 
        structural pest control license or, for aquatic pest control 
        applications, by direct experience as a certified aquatic 
        applicator under a commercial aquatic applicator for at least 
        two years by this state or a state with equivalent certification 
        requirements or as a full-time licensed master in another state 
        with equivalent certification requirements or, for aquatic pest 
        control applications, have at least 1,600 hours of qualifying 
        experience in the previous four years as determined by the 
        commissioner; and 
           (3) show practical knowledge and field experience under 
        clause (2) in the actual selection and application of pesticides 
        under varying conditions.  
           (c) The commissioner may license a person as a journeyman 
        under a structural pest control license or, for aquatic pest 
        control applications, as a certified aquatic applicator if the 
        person:  
           (1) has the necessary qualifications in the practical 
        selection and application of pesticides; 
           (2) has passed a closed-book examination given by the 
        commissioner; and 
           (3) is engaged as an employee of or is working under the 
        direction of a person licensed as a master under a structural 
        pest control license or, for aquatic pest control applications, 
        under a commercial aquatic applicator.  
           (d) The commissioner may license a person as a fumigator 
        under a structural pest control license if the person:  
           (1) has knowledge of the practical selection and 
        application of fumigants; 
           (2) has passed a closed-book examination given by the 
        commissioner; and 
           (3) is licensed by the commissioner as a master or 
        journeyman under a structural pest control license.  
           (e) The licensing requirements of paragraph (b) for 
        commercial aquatic applicators are satisfied if a person: 
           (1) has at least two years direct experience with an 
        aquatic category endorsement on a commercial applicator license; 
           (2) can show practical knowledge and field experience in 
        the actual selection and application of aquatic pesticides under 
        varying conditions; and 
           (3) applies for a license as a commercial aquatic 
        applicator before August 1, 1994. 
           Subd. 4.  [RENEWAL.] (a) A structural or aquatic pest 
        control applicator license may be renewed on or before the 
        expiration of an existing license subject to reexamination, 
        attendance at workshops approved by the commissioner, or other 
        requirements imposed by the commissioner to provide the 
        applicator with information regarding changing technology and to 
        help assure a continuing level of competency and ability to use 
        pesticides safely and properly.  The commissioner may require an 
        additional demonstration of applicator qualification if the 
        applicator has had a license suspended or revoked or has 
        otherwise had a history of violations of this chapter. 
           (b) If a person fails to renew a structural or aquatic pest 
        control license within three months of its expiration, the 
        person must obtain a structural or aquatic pest control license 
        subject to the requirements, procedures, and fees required for 
        an initial license.  
           Subd. 5.  [FINANCIAL RESPONSIBILITY.] (a) A structural or 
        aquatic pest control license may not be issued unless the 
        applicant furnishes proof of financial responsibility.  The 
        financial responsibility may be demonstrated by: 
           (1) proof of net assets equal to or greater than $50,000; 
        or 
           (2) a performance bond or insurance of a kind and in an 
        amount determined by the commissioner.  
           (b) The bond or insurance must cover a period of time at 
        least equal to the term of the applicant's license.  The 
        commissioner must immediately suspend the license of a person 
        who fails to maintain the required bond or insurance.  The 
        performance bond or insurance policy must contain a provision 
        requiring the insurance or bonding company to notify the 
        commissioner by ten days before the effective date of 
        cancellation, termination, or any other change of the bond or 
        insurance.  If there is recovery against the bond or insurance, 
        additional coverage must be secured to maintain financial 
        responsibility equal to the original amount required. 
           (c) An employee of a licensed person is not required to 
        maintain an insurance policy or bond during the time the 
        employer is maintaining the required insurance or bond. 
           (d)  Applications for reinstatement of a license suspended 
        under the provisions of this section must be accompanied by 
        proof of satisfaction of judgments previously rendered. 
           Subd. 6.  [FEES.] (a) An applicant for a structural pest 
        control license or aquatic pest control license for a business 
        must pay a nonrefundable application fee of $100.  An employee 
        of a licensed business must pay a nonrefundable application fee 
        of $50 for an individual structural or aquatic pest control 
        license.  
           (b) An application received after expiration of the 
        structural pest control license or aquatic pest control license 
        is subject to a penalty fee of 50 percent of the application fee.
           (c) An applicant that meets renewal requirements by 
        reexamination instead of attending workshops must pay the 
        equivalent workshop fee for the reexamination as determined by 
        the commissioner. 
           Sec. 6.  Minnesota Statutes 1994, section 18B.33, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT.] (a) A person may not apply a 
        pesticide for hire without a commercial applicator license for 
        the appropriate use categories or a structural pest control 
        license or commercial aquatic pest control license.  
           (b) A person with a commercial applicator license may not 
        apply pesticides on or into surface waters without a commercial 
        an aquatic pest control license under section 18B.32, except a 
        commercial an aquatic pest control license is not required for 
        licensed commercial applicators applying pesticides for the 
        purposes of:  
           (1) pest control on cultivated wild rice; 
           (2) mosquito and black fly control operations; 
           (3) pest control on rights-of-way; 
           (4) aerial pest control operations for emergent vegetation 
        control; 
           (5) aerial application of piscicides; and 
           (6) pest control for silvicultural operations. 
           (c) A commercial applicator licensee must have a valid 
        license identification card when applying pesticides for hire 
        and must display it upon demand by an authorized representative 
        of the commissioner or a law enforcement officer.  The 
        commissioner shall prescribe the information required on the 
        license identification card.  
           Sec. 7.  Minnesota Statutes 1994, section 18B.34, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT.] (a) Except for a licensed 
        commercial applicator, certified private applicator, a licensed 
        aquatic pest control applicator, or licensed structural pest 
        control applicator, a person, including a government employee, 
        may not use a restricted use pesticide in performance of 
        official duties without having a noncommercial applicator 
        license for an appropriate use category.  
           (b) A licensed noncommercial applicator may not apply 
        pesticides into or on surface waters without a certified an 
        aquatic pest control license, except a certified an aquatic pest 
        control license is not required for licensed noncommercial 
        applicators applying pesticides for the purposes of:  
           (1) mosquito and black fly control operations; 
           (2) pest control on rights-of-way; 
           (3) pest control operations for purple loosestrife control; 
           (4) application of piscicides; and 
           (5) pest control for silvicultural operations.  
           (c) A licensee must have a valid license identification 
        card when applying pesticides and must display it upon demand by 
        an authorized representative of the commissioner or a law 
        enforcement officer.  The license identification card must 
        contain information required by the commissioner.  
           Sec. 8.  Minnesota Statutes 1994, section 18C.005, 
        subdivision 6, is amended to read: 
           Subd. 6.  [COMPOST.] "Compost" is a material derived 
        primarily or entirely from biological decomposition of 
        vegetative organic matter or animal manure that does not have 
        inorganic fertilizer added other than to promote decomposition 
        biologically stable material derived from the composting process.
           Sec. 9.  Minnesota Statutes 1994, section 18C.005, is 
        amended by adding a subdivision to read: 
           Subd. 6a.  [COMPOSTING.] "Composting" is the biological 
        decomposition of organic matter.  It is accomplished by mixing 
        and piling in such a way as to promote aerobic or anaerobic 
        decay or both.  The process inhibits pathogens, viable weed 
        seeds, and odors. 
           Sec. 10.  Minnesota Statutes 1994, section 18C.005, 
        subdivision 13, is amended to read: 
           Subd. 13.  [GRADE.] "Grade" means the percentage of total 
        nitrogen (N), available phosphate (P2O5), and soluble potash (K2 
        O) stated in whole numbers in the same terms, order, and 
        percentages as in the guaranteed analysis except the grade 
        of custom blends and their raw materials, 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 phosphate, and 
        soluble potash.  
           Sec. 11.  Minnesota Statutes 1994, section 18C.005, 
        subdivision 20, is amended to read: 
           Subd. 20.  [MOBILE MECHANICAL UNIT.] "Mobile mechanical 
        unit" means a portable machine or apparatus used to blend, mix, 
        or manufacture fertilizers. 
           Sec. 12.  Minnesota Statutes 1994, section 18C.005, 
        subdivision 22, is amended to read: 
           Subd. 22.  [ORGANIC FERTILIZER.] "Organic fertilizer" in 
        reference to fertilizer nutrients refers only to naturally 
        occurring substances generally recognized as the hydrogen 
        compounds of carbon and their derivatives or synthetic products 
        of similar composition with a water insoluble nitrogen content 
        of at least 60 percent of the guaranteed total nitrogen means a 
        material containing carbon and one or more elements other than 
        hydrogen and oxygen essential for plant growth.  
           Sec. 13.  Minnesota Statutes 1994, section 18C.005, 
        subdivision 33, is amended to read: 
           Subd. 33.  [SOIL AMENDMENT.] "Soil amendment" means a 
        substance intended to improve the structural, physical, or 
        biological characteristics of the soil or modify organic matter 
        at or near the soil surface, except fertilizers, agricultural 
        liming materials, pesticides, and other materials exempted by 
        the commissioner's rules.  
           Sec. 14.  Minnesota Statutes 1994, section 18C.005, 
        subdivision 34, is amended to read: 
           Subd. 34.  [SPECIALTY FERTILIZER.] "Specialty fertilizer" 
        means a fertilizer labeled and distributed for, but not limited 
        to, the following uses:  commercial gardening, greenhouses, 
        nurseries, sod farms, home gardens, house plants, lawn 
        fertilizer that is not custom applied, shrubs, golf courses, 
        municipal parks, and cemeteries, and research or experimental 
        uses. 
           Sec. 15.  Minnesota Statutes 1994, section 18C.115, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ADOPTION OF NATIONAL STANDARDS.] Applicable 
        national standards contained in the 1993 1996 official 
        publication, number 46 49, 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. 16.  Minnesota Statutes 1994, section 18C.215, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LABEL CONTENTS PACKAGED FERTILIZERS.] (a) 
        A person may not sell or distribute specialty fertilizer in bags 
        or other containers in this state unless a label is placed on or 
        affixed to the bag or container stating in a clear, legible, and 
        conspicuous form the following information:  
           (1) the net weight; 
           (2) the brand and grade, except (i) the grade is not 
        required if primary nutrients are not claimed, and (ii) the 
        grade on the label is optional if the fertilizer is used only 
        for agricultural purposes and the guaranteed analysis statement 
        is shown in the complete form as in section 18C.211; 
           (3) the guaranteed analysis; 
           (4) the name and address of the guarantor; 
           (5) directions for use; and 
           (6) a derivatives statement.  
           (b) A person may not sell or distribute fertilizer for 
        agricultural purposes in bags or other containers in this state 
        unless a label is placed on or affixed to the bag or container 
        stating in a clear, legible, and conspicuous form the 
        information listed in paragraph (a), clauses (1) to (4), except: 
           (1) the grade is not required if primary nutrients are not 
        claims; and 
           (2) the grade on the label is optional if the fertilizer is 
        used only for agricultural purposes and the guaranteed analysis 
        statement is shown in the complete form as in section 18C.211. 
           (c) The labeled information must appear:  
           (1) on the face front or display back side of the container 
        in a conspicuous form; 
           (2) on the upper one-third of the side of the container; 
           (3) on the upper end of the container; or 
           (4) printed on tags a tag affixed conspicuously to the 
        upper end of the container. 
           Sec. 17.  Minnesota Statutes 1994, section 18C.215, 
        subdivision 2, is amended to read: 
           Subd. 2.  [BLENDED, MIXED, BULK, AND MIXED CUSTOM APPLIED 
        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: 
           (1) the net weight, name and address of the guarantor, and 
        guaranteed analysis of each of the materials used in the mixture.
           (b)  Records and the name and address of the guarantor; or 
           (2) the net weight and guaranteed analysis of the final 
        mixture and the name and address of the guarantor. 
           (b) A person may not custom apply specialty fertilizer in 
        this state unless a label, invoice, or delivery ticket is given 
        to each purchaser stating in a clear, legible, and conspicuous 
        form the following information: 
           (1) the net weight, which may be listed as the total net 
        weight applied or the net weight applied per unit treated; 
           (2) the guaranteed analysis; 
           (3) the name and address of the guarantor; 
           (4) the number of units treated in square feet, acres, or 
        another unit of measure; and 
           (5) a derivative statement; 
           (c) Copies of invoices or delivery tickets must be kept for 
        five years after the sale, delivery, or application.  
           Sec. 18.  Minnesota Statutes 1994, section 18C.415, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSE REQUIRED.] (a) A person may not 
        sell or distribute bulk fertilizers for use on agricultural 
        lands, custom apply fertilizers, or manufacture, blend, or 
        otherwise manipulate fertilizers without obtaining a license 
        from the commissioner from each fixed location where the person 
        does business within the state and one license for all fixed 
        locations that are located outside of the state.  
           (b) A distributor may not manipulate fertilizer by means of 
        a mobile mechanical unit without a license from the commissioner 
        for each mobile mechanical unit.  For the purposes of this 
        section, fertilizer application equipment owned or operated by a 
        person licensed under paragraph (a) is not considered a mobile 
        mechanical unit. 
           Sec. 19.  Minnesota Statutes 1994, section 18C.531, is 
        amended by adding a subdivision to read: 
           Subd. 5a.  [CALCIUM CARBONATE EQUIVALENT; CCE.] "Calcium 
        carbonate equivalent" or "CCE" means the acid neutralizing 
        capacity of an agricultural liming material expressed as a 
        weight percentage of pure calcium carbonate.  CCE is often 
        referred to as the "chemical purity" of an agricultural liming 
        material. 
           Sec. 20.  Minnesota Statutes 1994, section 18C.531, 
        subdivision 8, is amended to read: 
           Subd. 8.  [ENP.] "ENP" means effective neutralizing power 
        and is an expression of the neutralizing value of liming 
        material based on the TNP calcium carbonate equivalent and 
        fineness which is expressed as a dry weight percentage.  
           Sec. 21.  Minnesota Statutes 1994, section 18C.545, 
        subdivision 2, is amended to read: 
           Subd. 2.  [BAGGED AND BULK SHIPMENT LABEL.] If agricultural 
        liming material is transported or sold in bags or bulk, an 
        invoice or delivery ticket in written or printed form as 
        required by subdivision 1 must accompany each delivery and be 
        supplied to each purchaser at the time of delivery.  
           Sec. 22.  Minnesota Statutes 1994, section 18E.03, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FEE.] (a) The response and reimbursement fee 
        consists of the surcharges and any adjustments made by the 
        commissioner in this subdivision and shall be collected 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 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 $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 $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 $20 surcharge to be imposed on aquatic pest control 
        licenses under section 18B.315. 
           (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. 
           (f) Paragraphs (c) to (e) apply to sales, licenses issued, 
        applications received for licenses, and inspection fees imposed 
        on or after July 1, 1990. 
           Sec. 23.  [REPEALER.] 
           Minnesota Statutes 1994, section 18C.531, subdivision 26, 
        is repealed. 
           Sec. 24.  [EFFECTIVE DATE.] 
           Section 18 is effective retroactive to December 30, 1995. 
           Presented to the governor March 15, 1996 
           Signed by the governor March 18, 1996, 9:59 a.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569