2007 Minnesota Statutes

18B.01 DEFINITIONS.
    Subdivision 1. Applicability. The definitions in this section apply to this chapter.
    Subd. 2. Approved agency. "Approved agency" means a state agency, other than the
Department of Agriculture, or an agency of a county, municipality, or other political subdivision
that has signed a joint powers agreement under section 471.59 with the commissioner.
    Subd. 3. Beneficial insects. "Beneficial insects" means insects that are: (1) effective
pollinators of plants; (2) parasites or predators of pests; or (3) otherwise beneficial.
    Subd. 4. Bulk pesticide. "Bulk pesticide" means a pesticide that is held in an individual
container, with a pesticide content of 56 United States gallons or more, or 100 pounds or greater
net dry weight.
    Subd. 4a. Collection site. "Collection site" means a permanent or temporary designated
location with scheduled hours for authorized collection where pesticide end users may bring
their waste pesticides.
    Subd. 5. Commercial applicator. "Commercial applicator" means a person who has or is
required to have a commercial applicator license.
    Subd. 6. Commissioner. "Commissioner" means the commissioner of agriculture or an
agent authorized by the commissioner.
    Subd. 6a. Container. "Container" means a portable device in which a material is stored,
transported, treated, disposed of, or otherwise handled.
    Subd. 6b. Corrective action. "Corrective action" means an action taken to minimize,
eliminate, or clean up an incident.
    Subd. 7. Device. "Device" means an instrument or contrivance, other than a firearm, that
is intended or used to destroy, repel, or mitigate a pest, a form of plant or animal life other than
humans, or a bacterium, virus, or other microorganism on or in living animals, including humans.
A device does not include equipment used for the application of pesticides if the equipment is
sold separately from the instrument or contrivance.
    Subd. 8. Distribute. "Distribute" means offer for sale, sell, barter, ship, deliver for shipment,
receive and deliver, and offer to deliver pesticides in this state.
    Subd. 9. Environment. "Environment" means surface water, ground water, air, land, plants,
humans, and animals and their interrelationships.
    Subd. 9a. Fixed location. "Fixed location" means all stationary restricted and bulk pesticide
facility operations owned or operated by a person located in the same plant location or locality.
    Subd. 10. FIFRA. "FIFRA" means the Federal Insecticide, Fungicide, Rodenticide Act,
United States Code, title 7, sections 136 to 136y, and regulations under Code of Federal
Regulations, title 40, subchapter E, parts 150 to 180.
    Subd. 10a. Genetic engineering. "Genetic engineering" means the modification of the
genetic composition of an organism using molecular techniques. This does not include selective
breeding, hybridization, or nondirected mutagenesis.
    Subd. 10b. Genetically engineered pesticide. "Genetically engineered pesticide" means
an organism that has been modified through the use of genetic engineering, intended to prevent,
destroy, repel, or mitigate a pest, and an organism that has been modified through the use of
genetic engineering, intended for use as a plant regulator, defoliant, or desiccant.
    Subd. 11. Hazardous waste. "Hazardous waste" means any substance identified or listed as
hazardous waste in the rules adopted under section 116.07, subdivision 4.
    Subd. 12. Incident. "Incident" means a flood, fire, tornado, transportation accident, storage
container rupture, leak, spill, emission discharge, escape, disposal, or other event that releases or
immediately threatens to release a pesticide accidentally or otherwise into the environment, and
may cause unreasonable adverse effects on the environment. "Incident" does not include a release
from normal use of a pesticide or practice in accordance with law.
    Subd. 13. Label. "Label" means the written, printed, or graphic matter on, or attached to, the
pesticide or device or their containers or wrappers.
    Subd. 14. Labeling. "Labeling" means all labels and other written, printed, or graphic matter:
(1) accompanying the pesticide or device;
(2) referred to by the label or literature accompanying the pesticide or device; or
(3) that relates or refers to the pesticide or to induce the sale of the pesticide or device.
"Labeling" does not include current official publications of the United States Environmental
Protection Agency, United States Department of Agriculture, United States Department of
Interior, United States Department of Health, Education and Welfare, state agricultural experiment
stations, state agricultural colleges, and other similar federal or state institutions or agencies
authorized by law to conduct research in the field of pesticides.
    Subd. 14a. Local unit of government. "Local unit of government" means a statutory or
home rule charter city, town, county, soil and water conservation district, watershed district,
another special purpose district, and local or regional board.
    Subd. 15. Noncommercial applicator. "Noncommercial applicator" means a person who
has or is required to have a noncommercial applicator license.
    Subd. 15a. Organism. "Organism" means an animal, plant, bacterium, cyanobacterium,
fungus, protist, or virus.
    Subd. 15b. Owner of real property. "Owner of real property" means a person who is in
possession of, has the right of control, or controls the use of real property, including a person who
has legal title to property and a person who has the right to use or contract use of the property
under a lease, contract for deed, or license.
    Subd. 16.[Repealed, 1996 c 310 s 1]
    Subd. 17. Pest. "Pest" means an insect, rodent, nematode, fungus, weed, terrestrial or aquatic
plant, animal life, virus, bacteria, or other organism designated by rule as a pest, except a virus,
bacteria, or other microorganism on or in living humans or other living animals.
    Subd. 18. Pesticide. "Pesticide" means a substance or mixture of substances intended to
prevent, destroy, repel, or mitigate a pest, and a substance or mixture of substances intended for
use as a plant regulator, defoliant, or desiccant.
    Subd. 19. Pesticide dealer. "Pesticide dealer" means a person who has or is required to have
a pesticide dealer license.
    Subd. 19a. Pesticide end user. "Pesticide end user" means a farmer or other person who uses,
intends to use, or owns a pesticide. Pesticide end user does not include a dealer, manufacturer,
formulator, or packager.
    Subd. 20. Plant regulator. "Plant regulator" means a substance or mixture of substances
intended through physiological action to accelerate or retard the rate of growth or rate of
maturation of a plant, or to otherwise alter the behavior of ornamental or crop plants or the produce
of the plants. Plant regulator does not include substances to the extent that they are intended as
plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.
    Subd. 21. Private applicator. "Private applicator" means a person certified or required to
be certified to use restricted use pesticides.
    Subd. 22. Registrant. "Registrant" means a person that has registered a pesticide under
this chapter.
    Subd. 22a. Release. "Release" means the placement or use of a genetically engineered
organism outside a contained laboratory, greenhouse, building, structure, or other similar facility
or under other conditions not specifically determined by the commissioner to be adequately
contained.
    Subd. 23. Responsible party. "Responsible party" means a person who at the time of an
incident has custody of, control of, or responsibility for a pesticide, pesticide container, or
pesticide rinsate.
    Subd. 24. Restricted use pesticide. "Restricted use pesticide" means a pesticide formulation
designated as a restricted use pesticide under FIFRA or by the commissioner under this chapter.
    Subd. 24a. Returnable container. "Returnable container" means a container for distributing
pesticides that enables the unused pesticide product to be returned to the distributor, manufacturer,
or packager, and includes bulk, mini-bulk, or dedicated containers designed to protect the integrity
of the pesticide and prevent contamination through the introduction of unauthorized materials.
    Subd. 25. Rinsate. "Rinsate" means a dilute mixture of a pesticide or pesticides with water,
solvents, oils, commercial rinsing agents, or other substances, that is produced by or results from
the cleaning of pesticide application equipment or pesticide containers.
    Subd. 26. Safeguard. "Safeguard" means a facility, equipment, device, or system, or a
combination of these, designed to prevent an incident as required by rule.
    Subd. 26a. School pest management coordinator. "School pest management coordinator"
means a person employed by a Minnesota kindergarten through 12th grade public school who is
responsible for the school's pest management plans and implementation of pest management at
the school, including the application of pesticides to the inside or outdoor property of the school.
    Subd. 27. Site. "Site" means all land and water areas, including air space, and all plants,
animals, structures, buildings, contrivances, and machinery whether fixed or mobile, including
anything used for transportation.
    Subd. 28. Structural pest. "Structural pest" means a pest, other than a plant, in, on, under, or
near a structure.
    Subd. 29. Structural pest control. "Structural pest control" means the control of any
structural pest through the use of a device, a procedure, or application of pesticides in or around
a building or other structures, including trucks, boxcars, ships, aircraft, docks, and fumigation
vaults, and the business activity related to use of a device, a procedure, or application of a
pesticide.
    Subd. 30. Structural pest control applicator. "Structural pest control applicator" means a
person who has or is required to have a structural pest control applicator license.
    Subd. 30a. Substantially altering; substantially alter; substantial alteration.
"Substantially altering," "substantially alter," or "substantial alteration" means modifying a bulk
agricultural chemical storage facility by:
(1) changing the capacity of a safeguard;
(2) adding storage containers in excess of the capacity of a safeguard as required by rule; or
(3) increasing the size of the single largest storage container in a safeguard as approved
or permitted by the Department of Agriculture. This does not include routine maintenance of
safeguards, storage containers, appurtenances, piping, mixing, blending, weighing, or handling
equipment.
    Subd. 31. Unreasonable adverse effects on the environment. "Unreasonable adverse
effects on the environment" means any unreasonable risk to humans or the environment, taking
into account the economic, social, and environmental costs and benefits of the use of any pesticide.
    Subd. 31a. Waste pesticide. "Waste pesticide" means a pesticide that the pesticide end
user considers a waste. A waste pesticide can be a canceled pesticide, an unusable pesticide,
or a usable pesticide.
    Subd. 32. Wildlife. "Wildlife" means all living things that are not human, domesticated, or
pests.
History: 1987 c 358 s 43; 1989 c 326 art 5 s 1-15; 1991 c 250 s 6-9; 1993 c 367 s 1,2;
1Sp2001 c 2 s 34