2007 Minnesota Statutes

18C.401 GENERAL LICENSING AND REGISTRATION CONDITIONS.
    Subdivision 1. Substantiation of claims. The commissioner may require a person applying
for a license or registration to manufacture or distribute a product for use in this state to submit
authentic experimental evidence or university research data to substantiate the claims made for the
product. The commissioner may rely on experimental data, evaluations, or advice furnished by
experts at the University of Minnesota as evidence to substantiate claims and may accept or reject
additional sources of evidence in evaluating a fertilizer, soil amendment, or plant amendment. The
experimental evidence must relate to conditions in this state for which the product is intended.
The commissioner may also require evidence of value when used as directed or recommended.
    Subd. 2. Insufficient evidence. If the commissioner determines that the evidence submitted
does not substantiate the product's usefulness in this state, the commissioner may require the
applicant to submit samples, conduct tests, or submit additional information, including conditions
affecting performance, to evaluate the product's performance and usefulness.
    Subd. 3. Refusal to license or register. The commissioner may refuse to license a person or
register a specialty fertilizer, soil amendment, or plant amendment if:
(1) the application for license or registration is not complete;
(2) the commissioner determines that the fertilizer, soil amendment, plant amendment, or
other additive with substantially the same contents will not or is not likely to produce the results
or effects claimed if used as directed;
(3) the commissioner determines that the fertilizer, soil amendment, plant amendment, or
other additive with substantially the same contents is not useful in this state; or
(4) the facility does not properly safeguard for bulk storage.
    Subd. 4. Conditional license and registration. (a) After reviewing an application
accompanied by the application fee, the commissioner may issue a conditional license or
registration:
(1) to prevent unreasonable adverse effects on the environment; or
(2) if the commissioner determines that the applicant needs the license or registration to
accumulate information necessary to substantiate claims; or
(3) to correct minor label violations.
(b) The commissioner may prescribe terms, conditions, and a limited period of time for the
conditional license or registration.
(c) The commissioner may revoke or modify a conditional license or registration if the
commissioner finds that the terms or conditions are being violated or are inadequate to avoid
unreasonable adverse effects on the environment.
(d) The commissioner may deny issuance of a conditional license or registration if the
commissioner determines that issuance of a license or registration is not warranted or that the
use to be made of the product under the proposed terms and conditions may cause unreasonable
adverse effects on the environment.
    Subd. 5. Fertilizer containing arsenic. The commissioner may not license or register for sale
or use in Minnesota any fertilizer containing more than 500 parts per million by weight of arsenic.
History: 1989 c 326 art 6 s 20; 2003 c 33 s 1