2002 Minnesota Statutes

     18B.07 Pesticide use, application, and equipment 
  cleaning. 

    Subdivision 1.    Pesticide use.  Pesticides must be 
 applied in accordance with the product label or labeling and in 
 a manner that will not cause unreasonable adverse effects on the 
 environment within limits prescribed by this chapter and FIFRA. 

    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. 

    (f) A person may not apply a pesticide in a manner so as to 
 expose a worker in an immediately adjacent, open field. 

    Subd. 3.    Posting.  Sites being treated with 
 pesticides through irrigation systems must be posted throughout 
 the period of pesticide treatment.  The posting must be done in 
 accordance with labeling and rules adopted under this chapter. 

    Subd. 4.    Pesticide safeguards at application sites.  
 A person may not allow a pesticide, rinsate, or unrinsed 
 pesticide container to be stored, kept, or to remain in or on 
 any site without safeguards adequate to prevent an incident. 

    Subd. 5.    Use of public water supplies for filling 
 equipment.  A person may not fill pesticide application 
 equipment directly from a public water supply, as defined in 
 section 144.382, unless the outlet from the public water supply 
 is equipped with a backflow prevention device that complies with 
 the Minnesota Plumbing Code under Minnesota Rules, parts 
 4715.2000 to 4715.2280.  

    Subd. 6.    Use of public waters for filling equipment.  
 (a) A person may not fill pesticide application equipment 
 directly from public or other waters of the state, as defined in 
 section 103G.005, subdivision 15, unless the equipment contains 
 proper and functioning anti-backsiphoning mechanisms.  The 
 person may not introduce pesticides into the application 
 equipment until after filling the equipment from the public 
 waters.  

    (b) This subdivision does not apply to permitted 
 applications of aquatic pesticides to public waters. 

    Subd. 7.    Cleaning equipment in or near surface water. 
  (a) A person may not:  

    (1) clean pesticide application equipment in surface waters 
 of the state; or 

    (2) fill or clean pesticide application equipment adjacent 
 to surface waters, ditches, or wells where, because of the slope 
 or other conditions, pesticides or materials contaminated with 
 pesticides could enter or contaminate the surface waters, ground 
 water, or wells, as a result of overflow, leakage, or other 
 causes.  

    (b) This subdivision does not apply to permitted 
 application of aquatic pesticides to public waters.  

    Subd. 8.    Pesticide, rinsate, and container disposal.  
 A person may only dispose of pesticide, rinsate, and pesticide 
 containers in accordance with this chapter and FIFRA.  The 
 manner of disposal must not cause unreasonable adverse effects 
 on the environment. 

    HIST: 1987 c 358 s 49; 1989 c 326 art 5 s 21-24; 1990 c 391 
 art 8 s 4; 1994 c 482 s 1; 1994 c 619 s 4; 1995 c 95 s 1; 2002 c 
 369 s 1