2006 Minnesota Statutes

18B.26 PESTICIDE REGISTRATION.
    Subdivision 1. Requirement. (a) Except as provided in paragraphs (b) to (d), a person
may not use or distribute a pesticide in this state unless it is registered with the commissioner.
Pesticide registrations expire on December 31 of each year and may be renewed on or before that
date for the following calendar year.
(b) Registration is not required if a pesticide is shipped from one plant or warehouse to
another plant or warehouse operated by the same person and used solely at the plant or warehouse
as an ingredient in the formulation of a pesticide that is registered under this chapter.
(c) An unregistered pesticide that was previously registered with the commissioner may be
used for a period of two years following the cancellation of the registration of the pesticide, unless
the commissioner determines that the continued use of the pesticide would cause unreasonable
adverse effects on the environment, or with the written permission of the commissioner. To use
the unregistered pesticide at any time after the two-year period, the pesticide end user must
demonstrate to the satisfaction of the commissioner, if requested, that the pesticide has been
continuously registered under a different brand name or by a different manufacturer and has
similar composition, or, the pesticide end user obtains the written permission of the commissioner.
(d) The commissioner may allow specific pesticide products that are not registered with the
commissioner to be distributed in this state for use in another state.
(e) Each pesticide with a unique United States Environmental Protection Agency pesticide
registration number or a unique brand name must be registered with the commissioner.
    Subd. 2. Application. (a) A person must file an application for registration with the
commissioner. The application must include:
(1) the name and address of the applicant and the name and address of the person whose
name will appear on the label, if other than the applicant;
(2) the brand name of the pesticide;
(3) other necessary information required by the registration application form;
(4) a true and complete copy of the labeling accompanying the pesticide as provided for
in FIFRA; and
(5) current material safety data sheets for each pesticide.
(b) As part of the application, the commissioner may require the submission of any relevant
information including the complete formula of a pesticide, including the active and inert
ingredients. The commissioner may also require the registrant to supply analytical standards and
methods for the pesticide, pesticide breakdown products, or metabolites.
    Subd. 3. Application fee. (a) A registrant shall pay an annual application fee for each
pesticide to be registered, and this fee is set at 0.4 percent of annual gross sales within the state
and annual gross sales of pesticides used in the state, with a minimum nonrefundable fee of $250.
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 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 application fee in this paragraph if the
registrant properly documents the sale location and distributors. A registrant paying more than the
minimum fee shall pay the balance due by March 1 based on the gross sales of the pesticide by the
registrant for the preceding calendar year. The fee for disinfectants and sanitizers shall be the
minimum. The minimum fee is due by December 31 preceding the year for which the application
for registration is made. The commissioner shall spend at least $300,000 per fiscal year from the
pesticide regulatory account for the purposes of the waste pesticide collection program.
(b) An additional fee of $100 must be paid by the applicant for each pesticide to be registered
if the application is a renewal application that is submitted after December 31.
(c) A registrant must annually report to the commissioner the amount and type of each
registered pesticide sold, offered for sale, or otherwise distributed in the state. The report shall be
filed by March 1 for the previous year's registration. The commissioner shall specify the form of
the report and require additional information deemed necessary to determine the amount and type
of pesticides annually distributed in the state. The information required shall include the brand
name, amount, and formulation of each pesticide sold, offered for sale, or otherwise distributed in
the state, but the information collected, if made public, shall be reported in a manner which does
not identify a specific brand name in the report.
(d) A registrant who is required to pay more than the minimum fee for any pesticide under
paragraph (a) must pay a late fee penalty of $100 for each pesticide application fee paid after
March 1 in the year for which the license is to be issued.
    Subd. 4. Effect of registration after renewal application. If a registration is in effect
on December 31 and a renewal application has been made and the application fee paid, the
registration continues in full force and effect until the commissioner notifies the applicant that the
registration is denied or canceled, or the renewed registration expires.
    Subd. 5. Review and registration. (a) The commissioner may not deny the registration of a
pesticide because the commissioner determines the pesticide is not essential.
(b) The commissioner shall review each application and may approve, deny, or cancel
the registration of any pesticide. The commissioner may impose state use and distribution
restrictions on a pesticide as part of the registration to prevent unreasonable adverse effects
on the environment.
(c) The commissioner must notify the applicant of the approval, denial, cancellation, state
use or distribution restrictions.
(d) The applicant may request a hearing on any adverse action of the commissioner within
30 days after being notified.
(e) The commissioner may exempt pesticides that have been deregulated or classified as
minimum risk by the United States Environmental Protection Agency from the requirement
of registration.
    Subd. 6. Discontinuance of registration. To ensure complete withdrawal from distribution
or further use of a pesticide, a person who intends to discontinue a pesticide registration must:
(1) terminate a further distribution within the state and continue to register the pesticide
annually for two successive years;
(2) initiate and complete a total recall of the pesticide from all distribution in the state within
60 days from the date of notification to the commissioner of intent to discontinue registration; or
(3) submit to the commissioner evidence adequate to document that no distribution of the
registered pesticide has occurred in the state.
History: 1987 c 358 s 68; 1989 c 326 art 5 s 30-33; 1990 c 597 s 2; 1991 c 309 s 11; 1992 c
439 s 1; 1992 c 513 art 2 s 15; 1992 c 603 s 22; 1993 c 226 s 15; 1993 c 367 s 6,7; 1999 c 6 s 1;
1999 c 231 s 39; 2003 c 128 art 3 s 26; 1Sp2005 c 1 art 1 s 17