2006 Minnesota Statutes

325F.245 LANDSCAPE APPLICATION CONTRACTS.
    Subdivision 1. Definitions. For the purposes of this section, the following terms have the
meanings given them:
(a) "Landscape application" means pesticide applications, fertilizer applications, and other
chemical applications of any kind for grass, turf, shrubs, or ornamental plants.
(b) "Commercial application company" means a person or business that provides landscape
application for hire.
    Subd. 2. Written contract required. (a) A contract for landscape application must be in
writing, and must be signed by both the commercial application company and the property owner
or the owner's agent. The contract must, at a minimum, contain the following information:
(1) the name, address, and phone number of the commercial application company;
(2) the total number of the regularly scheduled landscape applications to be performed
each year;
(3) the cost of each regularly scheduled application and the yearly cost for all landscape
applications; and
(4) the ending date of the contract.
(b) The commercial application company shall provide the property owner with a copy of
the written contract.
    Subd. 3. Ending date. (a) Every contract must contain a stated ending date.
(b) To extend service beyond the stated ending date, the commercial application company
and property owner must enter into a separate written contract. The contract must conform in all
respects to the requirements of this section.
    Subd. 4. Annual notice to property owner. If a contract is for more than one year, then the
commercial application company shall each year provide written notice to the property owner that
the contract remains in effect and that landscape applications will resume according to the terms
of the contract. The written notice must be provided to the property owner at least 15 days prior
to the first landscape application of the year.
    Subd. 5. Cancellation of contract. (a) A contract shall be canceled by the property owner
upon the sale of the property that is the subject of the contract. To cancel the contract, the
property owner shall notify the commercial application company that the property owner is
canceling the contract.
(b) The commercial application company shall provide written notice to the property owner,
in the contract or in another manner, that the contract must be canceled upon the sale of the
property.
(c) A contract between a commercial application company and a property owner may not be
enforced by the commercial application company against any subsequent owner of the property.
    Subd. 6. Exclusions. This section does not apply to:
(1) pesticide, fertilizer, or chemical applications for the purpose of producing agricultural
commodities or any commodity for sale;
(2) pesticide applications around or near the foundation of a building for the purpose of
structural or indoor pest control; or
(3) any single or isolated landscape application where the property owner or its agent
verbally consents to the single or isolated application.
    Subd. 7. Penalties and remedies. A person who violates this section is subject to the
penalties and remedies, including a private right of action, as provided in section 8.31.
History: 1989 c 42 s 1