SF 3018

as introduced - 89th Legislature (2015 - 2016) Posted on 03/24/2016 12:17pm

A bill for an act
relating to agriculture; making various policy and technical changes to
agricultural-related provisions; amending Minnesota Statutes 2014, sections
18B.345; 28A.085, subdivision 1; 31.122; 31.94; Minnesota Statutes 2015
Supplement, section 18B.37, subdivisions 2, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 18B.345, is amended to read:

18B.345 PESTICIDE APPLICATION ON GOLF COURSES.

(a) Application of a pesticide to the property of a golf course must be performed by:

(1) a structural pest control applicator; or

(2) a commercial or noncommercial pesticide applicator deleted text begin with appropriate use
certification deleted text end .

(b) Pesticides determined by the commissioner to be sanitizers and disinfectants are
exempt from the requirements in paragraph (a).

Sec. 2.

Minnesota Statutes 2015 Supplement, section 18B.37, subdivision 2, is
amended to read:

Subd. 2.

Commercial and noncommercial applicators.

(a) A commercial or
noncommercial applicator, or the applicator's authorized agent, must maintain a record of
pesticides used on each site. Noncommercial applicators must keep records of restricted
use pesticides. The record must include the:

(1) date of the pesticide use;

(2) time the pesticide application was completed;

(3) brand name of the pesticide, the United States Environmental Protection Agency
registration number, and rate used;

(4) number of units treated;

(5) temperature, wind speed, and wind direction;

(6) location of the site where the pesticide was applied;

(7) name and address of the customer;

(8) name of applicator, name of company, license number of applicator, and address
of applicator company; and

(9) any other information required by the commissioner.

(b) Portions of records not relevant to a specific type of application may be omitted
upon approval from the commissioner.

(c) All information for this record requirement must be contained in a document
for each pesticide application, except a map may be attached to identify treated areas.
An invoice containing the required information may constitute the required record.
The commissioner shall make sample forms available to meet the requirements of this
paragraph.

(d) The record must be completed no later than five days after the application of
the pesticide.

(e) A commercial applicator must give a copy of the record to the customer.

(f) new text begin An applicator must post a notice of pesticide use to an apartment or multiunit
dwelling following an application of pesticide to that apartment or multiunit dwelling.
The notice must provide the applicator's company name and contact information, the
application date, any restrictions or precautions, and any other information required by
the commissioner.
new text end

new text begin (g) Upon the request of a resident of an apartment or multiunit dwelling where an
application of a pesticide has occurred, the applicator who applied the pesticide must
provide a copy of the application record to the requesting resident.
new text end

new text begin (h) Upon the request of a person who uses a public building where an application of
a pesticide has occurred, the applicator who applied the pesticide must provide a copy of
the application record to the requesting person who uses the public building.
new text end

new text begin (i) new text end Records must be retained by the applicator, company, or authorized agent for five
years after the date of treatment.

Sec. 3.

Minnesota Statutes 2015 Supplement, section 18B.37, subdivision 3, is
amended to read:

Subd. 3.

Structural pest control applicators.

(a) A structural pest control
applicator must maintain a record of each structural pest control application conducted by
that person or by the person's employees. The record must include the:

(1) date of structural pest control application;

(2) target pest;

(3) brand name of the pesticide, United States Environmental Protection Agency
registration number, and amount used;

(4) for fumigation, the temperature and exposure time;

(5) time the pesticide application was completed;

(6) name and address of the customer;

(7) name of structural pest control applicator, name of company and address of
applicator or company, and license number of applicator; and

(8) any other information required by the commissioner.

(b) All information for this record requirement must be contained in a document
for each pesticide application. An invoice containing the required information may
constitute the record.

(c) The record must be completed no later than five days after the application of
the pesticide.

(d) Records must be retained for five years after the date of treatment.

(e) A copy of the record must be given to a person who ordered the application that
is present at the site where the structural pest control application is conducted, placed in a
conspicuous location at the site where the structural pest control application is conducted
immediately after the application of the pesticides, or delivered to the person who ordered
an application or the owner of the site. The commissioner must make sample forms
available that meet the requirements of this subdivision.

new text begin (f) An applicator must post a notice of pesticide use to an apartment or multiunit
dwelling following an application of pesticide to that apartment or multiunit dwelling.
The notice must provide the applicator's company name and contact information, the
application date, any restrictions or precautions, and any other information required by
the commissioner.
new text end

new text begin (g) Upon the request of a resident of an apartment or multiunit dwelling where an
application of a pesticide has occurred, the applicator who applied the pesticide must
provide a copy of the application record to the requesting resident.
new text end

new text begin (h) Upon the request of a person who uses a public building where an application of
a pesticide has occurred, the applicator who applied the pesticide must provide a copy of
the application record to the requesting person who uses the public building.
new text end

new text begin (i) Records must be retained by the applicator, company, or authorized agent for five
years after the date of treatment.
new text end

Sec. 4.

Minnesota Statutes 2014, section 28A.085, subdivision 1, is amended to read:

Subdivision 1.

Violations; prohibited acts.

The commissioner may charge a
reinspection fee for each reinspection of a food handler that:

(1) is found with a major violation of requirements in chapter 28, 29, 30, 31, 31A,
32, 33, or 34, or rules adopted under one of those chapters;

(2) is found with a violation of section 31.02, 31.161, or 31.165 deleted text begin , and requires a
follow-up inspection after an administrative meeting held pursuant to section 34A.06 deleted text end ; or

(3) fails to correct equipment and facility deficiencies as required in rules adopted
under chapter 28, 29, 30, 31, 31A, 32, or 34. The first reinspection of a firm with gross
food sales under $1,000,000 must be assessed at $150. The fee for a firm with gross
food sales over $1,000,000 is $200. The fee for a subsequent reinspection of a firm for
the same violation is 50 percent of their current license fee or $300, whichever is greater.
The establishment must be issued written notice of violations with a reasonable date
for compliance listed on the notice. An initial inspection relating to a complaint is not
a reinspection.

Sec. 5.

Minnesota Statutes 2014, section 31.122, is amended to read:

31.122 FOOD; TOLERANCES FOR ADDED POISONOUS INGREDIENTS.

Any added poisonous or deleterious substance, any food additive, any pesticide
chemical in or on a raw agricultural commodity or any color additive, shall with respect
to any particular use or intended use be deemed unsafe for the purpose of application of
section deleted text begin 31.121, clause (b) deleted text end new text begin 34A.02, clause (2), new text end with respect to any food, unless there is in
effect a rule pursuant to section 31.101 limiting the quantity of such substance, and the use
or intended use of such substance conforms to the terms prescribed by such rule. While
such rules relating to such substance are in effect, a food shall not, by reason of bearing or
containing such substance in accordance with the rules, be considered adulterated within
the meaning of section deleted text begin 31.121, clause (a) deleted text end new text begin 34A.02, clause (1) new text end .

Sec. 6.

Minnesota Statutes 2014, section 31.94, is amended to read:

31.94 new text begin ORGANIC AGRICULTURE; new text end COMMISSIONER DUTIES.

(a) In order to promote opportunities for organic agriculture in Minnesota, the
commissioner shall:

(1) survey producers and support services and organizations to determine
information and research needs in the area of organic agriculture practices;

(2) work with the University of Minnesota new text begin and other research and education
institutions new text end to demonstrate the on-farm applicability of organic agriculture practices to
conditions in this state;

(3) direct the programs of the department so as to work toward the promotion of
organic agriculture in this state;

(4) inform agencies deleted text begin of how deleted text end new text begin about new text end state or federal programs deleted text begin could utilize and deleted text end new text begin that
new text end support organic agriculture practices; and

(5) work closely with producers, new text begin producer organizations, new text end the University of
Minnesota, deleted text begin the Minnesota Trade Office, deleted text end and other appropriate new text begin agencies and new text end organizations
to identify opportunities and needs as well as ensure coordination and avoid duplication of
state agency efforts regarding research, teaching, marketing, and extension work relating
to organic agriculture.

(b) By November 15 of each year that ends in a zero or a five, the commissioner,
in conjunction with the task force created in paragraph (c), shall report on the status of
organic agriculture in Minnesota to the legislative policy and finance committees and
divisions with jurisdiction over agriculture. The report must include available data on
organic acreage and production, available data on the sales or market performance of
organic products, and recommendations regarding programs, policies, and research efforts
that will benefit Minnesota's organic agriculture sector.

(c) A Minnesota Organic Advisory Task Force shall advise the commissioner and the
University of Minnesota on policies and programs that will improve organic agriculture in
Minnesota, including how available resources can most effectively be used for outreach,
education, research, and technical assistance that meet the needs of the organic agriculture
deleted text begin community deleted text end new text begin sector new text end . The task force must consist of the following residents of the state:

(1) three organic farmers;

(2) one wholesaler or distributor of organic products;

(3) one representative of organic certification agencies;

(4) two organic processors;

(5) one representative from University of Minnesota Extension;

(6) one University of Minnesota faculty member;

(7) one representative from a nonprofit organization representing producers;

(8) two public members;

(9) one representative from the United States Department of Agriculture;

(10) one retailer of organic products; and

(11) one organic consumer representative.

The commissioner, in consultation with the director of the Minnesota Agricultural
Experiment Station; the dean and director of University of Minnesota Extension and the
dean of the College of Food, Agricultural and Natural Resource Sciences, shall appoint
members to serve three-year terms.

Compensation and removal of members are governed by section 15.059, subdivision
6. The task force must meet at least twice each year and expires on June 30, deleted text begin 2016 deleted text end new text begin 2019 new text end .

(d) For the purposes of expanding, improving, and developing production and
marketing of the organic products of Minnesota agriculture, the commissioner may
receive funds from state and federal sources and spend them, including through grants or
contracts, to assist producers and processors to achieve certification, to conduct education
or marketing activities, to enter into research and development partnerships, or to address
production or marketing obstacles to the growth and well-being of the industry.

(e) The commissioner may facilitate the registration of state organic production
and handling operations including those exempt from organic certification according to
Code of Federal Regulations, title 7, section 205.101, and new text begin accredited new text end certification deleted text begin agents
deleted text end new text begin agencies new text end operating within the state.