1.1                          A bill for an act 
  1.2             relating to agriculture; making technical changes to 
  1.3             pesticide and fertilizer laws; amending Minnesota 
  1.4             Statutes 1998, sections 18B.07, subdivision 2; 
  1.5             18C.005, subdivision 34, and by adding a subdivision; 
  1.6             18C.215, subdivisions 1, 2, and by adding a 
  1.7             subdivision; 18C.411, subdivision 1; 18C.421, 
  1.8             subdivision 1; and 18D.201, subdivision 3. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1998, section 18B.07, 
  1.11  subdivision 2, is amended to read: 
  1.12     Subd. 2.  [PROHIBITED PESTICIDE USE.] (a) A person may not 
  1.13  use, store, handle, distribute, or dispose of a pesticide, 
  1.14  rinsate, pesticide container, or pesticide application equipment 
  1.15  in a manner: 
  1.16     (1) that is inconsistent with a label or labeling as 
  1.17  defined by FIFRA; 
  1.18     (2) that endangers humans, damages agricultural products, 
  1.19  food, livestock, fish, or wildlife, or domestic animals; or 
  1.20     (3) that will cause unreasonable adverse effects on the 
  1.21  environment.  
  1.22     (b) A person may not direct a pesticide onto property 
  1.23  beyond the boundaries of the target site.  A person may not 
  1.24  apply a pesticide resulting in damage to adjacent property. 
  1.25     (c) A person may not directly apply a pesticide on a human 
  1.26  by overspray or target site spray. 
  1.27     (d) A person may not apply a pesticide in a manner so as to 
  2.1   expose a worker in an immediately adjacent, open field. 
  2.2      Sec. 2.  Minnesota Statutes 1998, section 18C.005, is 
  2.3   amended by adding a subdivision to read: 
  2.4      Subd. 7a.  [CUSTOM BLEND FERTILIZER.] "Custom blend 
  2.5   fertilizer" means a fertilizer blended according to the 
  2.6   specifications that are furnished to a distributor by a consumer 
  2.7   prior to blending. 
  2.8      Sec. 3.  Minnesota Statutes 1998, section 18C.005, 
  2.9   subdivision 34, is amended to read: 
  2.10     Subd. 34.  [SPECIALTY FERTILIZER.] "Specialty fertilizer" 
  2.11  means a fertilizer labeled and distributed for, but not limited 
  2.12  to, the following uses:  greenhouses, nurseries, home gardens, 
  2.13  house plants, lawn fertilizer that is not custom applied, 
  2.14  shrubs, golf courses, municipal parks, and cemeteries. 
  2.15     Sec. 4.  Minnesota Statutes 1998, section 18C.215, 
  2.16  subdivision 1, is amended to read: 
  2.17     Subdivision 1.  [PACKAGED FERTILIZERS.] (a) A person may 
  2.18  not sell or distribute specialty fertilizer in bags or other 
  2.19  containers in this state unless a label is placed on or affixed 
  2.20  to the bag or container stating in a clear, legible, and 
  2.21  conspicuous form the following information:  
  2.22     (1) the net weight; 
  2.23     (2) the brand and grade, except the grade is not required 
  2.24  if primary nutrients are not claimed; 
  2.25     (3) the guaranteed analysis; 
  2.26     (4) the name and address of the guarantor; 
  2.27     (5) directions for use, except directions for use are not 
  2.28  required for custom blend specialty fertilizers; and 
  2.29     (6) a derivatives statement.  
  2.30     (b) A person may not sell or distribute fertilizer for 
  2.31  agricultural purposes in bags or other containers in this state 
  2.32  unless a label is placed on or affixed to the bag or container 
  2.33  stating in a clear, legible, and conspicuous form the 
  2.34  information listed in paragraph (a), clauses (1) to (4), except: 
  2.35     (1) the grade is not required if primary nutrients are not 
  2.36  claimed; and 
  3.1      (2) the grade on the label is optional if the fertilizer is 
  3.2   used only for agricultural purposes and the guaranteed analysis 
  3.3   statement is shown in the complete form as in section 18C.211. 
  3.4      (c) The labeled information must appear:  
  3.5      (1) on the front or back side of the container; 
  3.6      (2) on the upper one-third of the side of the container; 
  3.7      (3) on the upper end of the container; or 
  3.8      (4) printed on a tag affixed to the upper end of the 
  3.9   container. 
  3.10     (d) If a person sells a custom blend specialty fertilizer 
  3.11  in bags or other containers, the information required in 
  3.12  paragraph (a) must either be affixed to the bag or container as 
  3.13  required in paragraph (c) or be furnished to the customer on an 
  3.14  invoice or delivery ticket in written or printed form. 
  3.15     Sec. 5.  Minnesota Statutes 1998, section 18C.215, 
  3.16  subdivision 2, is amended to read: 
  3.17     Subd. 2.  [BLENDED, MIXED, BULK, AND CUSTOM APPLIED 
  3.18  FERTILIZER.] (a) A distributor who blends or mixes fertilizer or 
  3.19  distributes fertilizer, for agricultural use, in bulk, must 
  3.20  furnish each purchaser with an invoice or delivery ticket in 
  3.21  written or printed form showing: 
  3.22     (1) the net weight and guaranteed analysis of each of the 
  3.23  materials used in the mixture and the name and address of the 
  3.24  guarantor; or 
  3.25     (2) the net weight and guaranteed analysis of the final 
  3.26  mixture and the name and address of the guarantor. 
  3.27     (b) A person may not custom apply specialty fertilizer in 
  3.28  this state unless a label, invoice, or delivery ticket is given 
  3.29  to each purchaser stating in a clear, legible, and conspicuous 
  3.30  form the following information: 
  3.31     (1) the net weight, which may be listed as the total net 
  3.32  weight applied or the net weight applied per unit treated; 
  3.33     (2) the guaranteed analysis; 
  3.34     (3) the name and address of the guarantor; 
  3.35     (4) the number of units treated in square feet, acres, or 
  3.36  another unit of measure; and 
  4.1      (5) a derivative statement. 
  4.2      (c) Copies of invoices or delivery tickets must be kept for 
  4.3   five years after the sale, delivery, or application.  
  4.4      Sec. 6.  Minnesota Statutes 1998, section 18C.215, is 
  4.5   amended by adding a subdivision to read: 
  4.6      Subd. 2a.  [INFORMATION TO CUSTOMER.] If a person sells a 
  4.7   custom blend specialty fertilizer in bulk, the information 
  4.8   required in subdivision 1, paragraph (a), must be furnished to 
  4.9   the customer on an invoice or delivery ticket in written or 
  4.10  printed form. 
  4.11     Sec. 7.  Minnesota Statutes 1998, section 18C.411, 
  4.12  subdivision 1, is amended to read: 
  4.13     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person may 
  4.14  not sell brands or grades of specialty fertilizers, soil 
  4.15  amendments, or plant amendments in this state unless they are 
  4.16  registered with the commissioner.  
  4.17     (b) Registration of the materials is not a warranty by the 
  4.18  commissioner or the state.  
  4.19     (c) Specialty fertilizers custom applied are exempt from 
  4.20  the registration requirements of this section. 
  4.21     (d) Custom blend specialty fertilizers are exempt from the 
  4.22  registration requirements of this section if the distributor is 
  4.23  licensed as required by section 18C.415 and the fertilizer is 
  4.24  labeled as required by section 18C.215. 
  4.25     Sec. 8.  Minnesota Statutes 1998, section 18C.421, 
  4.26  subdivision 1, is amended to read: 
  4.27     Subdivision 1.  [SEMIANNUAL STATEMENT.] (a) Each licensed 
  4.28  distributor of fertilizer and each registrant of a specialty 
  4.29  fertilizer, soil amendment, or plant amendment must file a 
  4.30  semiannual statement for the periods ending December 31 and June 
  4.31  30 with the commissioner on forms furnished by the commissioner 
  4.32  stating the number of net tons and grade of each raw fertilizer 
  4.33  material distributed or the number of net tons of each brand or 
  4.34  grade of fertilizer, soil amendment, or plant amendment 
  4.35  distributed in this state during the reporting period. 
  4.36     (b) Tonnage reports are not required to be filed with the 
  5.1   commissioner from licensees who distributed fertilizer solely by 
  5.2   custom application. 
  5.3      (c) A report from a licensee who sells to an ultimate 
  5.4   consumer must be accompanied by records or invoice copies 
  5.5   indicating the name of the distributor who paid the inspection 
  5.6   fee, the net tons received, and the grade or brand name of the 
  5.7   products received.  
  5.8      (c) (d) The report is due on or before the last day of the 
  5.9   month following the close of each reporting period of each 
  5.10  calendar year.  
  5.11     (d) (e) The inspection fee at the rate stated in section 
  5.12  18C.425, subdivision 6, must accompany the statement.  
  5.13     Sec. 9.  Minnesota Statutes 1998, section 18D.201, 
  5.14  subdivision 3, is amended to read: 
  5.15     Subd. 3.  [INSPECTION REQUESTS BY OTHERS.] (a) A person who 
  5.16  believes that a violation of this chapter has occurred may 
  5.17  request an inspection by giving notice to the commissioner of 
  5.18  the violation.  The notice must be in writing, state with 
  5.19  reasonable particularity the grounds for the notice, and be 
  5.20  signed by the person making the request, and be submitted within 
  5.21  45 days of the date of a pesticide application that is alleged 
  5.22  to have damaged a crop or vegetation.  There is no time 
  5.23  limitation for damage to human or animal health, food, feed, or 
  5.24  the environment.  
  5.25     (b) If after receiving a notice of violation the 
  5.26  commissioner reasonably believes that a violation has occurred, 
  5.27  the commissioner shall make a special inspection in accordance 
  5.28  with the provisions of this section as soon as practicable, to 
  5.29  determine if a violation has occurred.  
  5.30     (c) An inspection conducted pursuant to a notice under this 
  5.31  subdivision may cover an entire site and is not limited to the 
  5.32  portion of the site specified in the notice.  If the 
  5.33  commissioner determines that reasonable grounds to believe that 
  5.34  a violation occurred do not exist, the commissioner must notify 
  5.35  the person making the request in writing of the determination.