piers109uk/MN-Statutes huggingface dataset:
18C.405 PROTECTION OF TRADE SECRETS.
In submitting data required by this chapter, the applicant may:
(1) clearly mark any portions that in the applicant's opinion are trade secrets, or commercial or financial information; and
(2) submit the marked material separately from other material.
(a) After consideration of the applicant's request submitted under subdivision 1, the commissioner may not allow the information to become public that the commissioner determines to contain or relate to trade secrets or to commercial or financial information obtained from an applicant. If necessary, information relating to formulas of products may be revealed to a state or federal agency consulted with similar protection of trade secret authority and may be revealed at a public hearing or in findings of facts issued by the commissioner.
(b) If the commissioner proposes to release information that the applicant or registrant believes to be protected from disclosure under paragraph (a), the commissioner must notify the applicant or registrant by certified mail. The commissioner may not make the information available for inspection until 30 days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may begin an action in an appropriate court for a declaratory judgment as to whether the information is subject to protection under this section.
18C.411 REGISTRATION OF SPECIALTY FERTILIZERS, SOIL AMENDMENTS, AND PLANT AMENDMENTS.
(a) A person may not sell brands or grades of specialty fertilizers, soil amendments, or plant amendments in this state unless they are registered with the commissioner.
(b) Registration of the materials is not a warranty by the commissioner or the state.
(c) Specialty fertilizers custom applied are exempt from the registration requirements of this section.
(d) Custom blend specialty fertilizers are exempt from the registration requirements of this section if the distributor is licensed as required by section 18C.415 and the fertilizer is labeled as required by section 18C.215.
The application for registration must include:
(1) for specialty fertilizers:
(i) the name and address of the guarantor and registrant;
(ii) the brand and grade;
(iii) the guaranteed analysis as required by section 18C.211;
(iv) the sources from which nitrogen, phosphorus, potassium, or other elements or materials are derived; and
(v) the amount and formulas of inert ingredients; and
(2) for soil amendments and plant amendments:
(i) the name and address of the guarantor and registrant;
(ii) the brand name;
(iii) the sources from which the ingredients used in the product are derived; and
(iv) the guaranteed analysis as required by section 18C.211.
Application for registration of a specialty fertilizer, a soil amendment, or a plant amendment must include:
(1) a label or label facsimile of each product for which registration is requested; and
(2) a copy of all labeling material used in this state for promotion and sale of each product being registered.
A registration is effective until January 1 following the date of issuance or approval. A product registration is not transferable from one person to another or from the ownership to whom the registration is issued to another ownership.
To ensure complete withdrawal from distribution or further use of a specialty fertilizer, soil amendment, or plant amendment, a person who intends to discontinue a specialty fertilizer, soil amendment, and plant amendment registration must:
(1) terminate any further distribution of the specialty fertilizer, soil amendment, or plant amendment within the state;
(2) continue to register the specialty fertilizer, soil amendment, or plant amendment annually for two successive years;
(3) initiate and complete a total recall of the specialty fertilizer, soil amendment, or plant amendment from all distribution in the state within 60 days from the date of notification to the commissioner of intent to discontinue registration; or
(4) submit to the commissioner evidence adequate to document that no distribution of the registered specialty fertilizer, soil amendment, or plant amendment has occurred in the state.
18B.24 UNSATISFIED JUDGMENTS.
(a) An applicant for a commercial, noncommercial, or structural pest control license and a commercial, noncommercial, or structural pest control applicator may not allow a final judgment against the applicant or applicator for damages arising from a violation of a provision of this chapter to remain unsatisfied for a period of more than 30 days.
(b) Failure to satisfy within 30 days a final judgment resulting from these pest control activities will result in automatic suspension of the applicator license.
18C.415 FERTILIZER LICENSES.
(a) A person may not sell or distribute bulk fertilizers for use on agricultural lands, custom apply fertilizers, or manufacture, blend, or otherwise manipulate fertilizers without obtaining a license from the commissioner from each fixed location where the person does business within the state and one license for all fixed locations that are located outside of the state.
(b) A distributor may not manipulate fertilizer by means of a mobile mechanical unit without a license from the commissioner for each mobile mechanical unit. For the purposes of this section, fertilizer application equipment owned or operated by a person licensed under paragraph (a) is not considered a mobile mechanical unit.
Application for license must include:
(1) a designation of the formula such as is provided on an invoice, delivery ticket, label, or label facsimile, for each product manufactured or formulated; and
(2) a copy of all labeling material used in this state for promotion of each product manufactured or formulated.
Licenses are for the period from January 1 to the following December 31 and must be renewed annually by the licensee before January 1. A license is not transferable from one person to another, from the ownership to whom issued to another ownership, or from one location to another location.
The license must be posted in a conspicuous place in each fixed location in this state and accompany each mobile mechanical unit operated in this state.
18C.421 TONNAGE REPORT.
(a) Each registrant under section 18C.411 and licensee under section 18C.415 shall file an annual tonnage report for the previous year ending June 30 with the commissioner, on forms provided or approved by the commissioner, stating the number of net tons of each brand or grade of fertilizer, soil amendment, or plant amendment distributed in this state or the number of net tons and grade of each raw fertilizer material distributed in this state during the reporting period.
(b) A tonnage report is not required to be submitted and an inspection fee under section 18C.425, subdivision 6, is not required to be paid to the commissioner by a licensee who distributes fertilizer solely by custom application.
(c) The annual tonnage report must be submitted to the commissioner on or before July 31 of each year.
(d) The inspection fee under section 18C.425, subdivision 6, must accompany the statement.
The commissioner may by rule require additional reports for the purpose of gathering statistical data relating to fertilizer, soil amendments, and plant amendments distribution in the state.
(a) If a registrant or licensee fails to submit an annual tonnage report or pay the inspection fee under section 18C.425, subdivision 6, by July 31, the commissioner shall assess the registrant or licensee a penalty of the greater of $50 or ten percent of the amount due.
(b) The fees due, plus the penalty, may be recovered in a civil action against the licensee or registrant.
(c) The assessment of the penalty does not prevent the commissioner from taking other actions as provided in this chapter and sections 18D.301 to 18D.331.
[Repealed by amendment, 2009 c 94 art 1 s 63]
The commissioner may verify the records on which the annual tonnage report is based.
18C.425 APPLICATION AND INSPECTION FEES.
(a) An application for a license for each fixed location to be covered by the license within the state must be accompanied by a nonrefundable application fee of $100.
(b) An application for a license for all fixed locations of a firm outside of the state must be accompanied by a nonrefundable application fee of $100.
(c) An application for a license to cover mobile mechanical units must be accompanied by a nonrefundable application fee of $100 for the first unit operated by one distributor and $50 for each additional mobile mechanical unit.
An application for registration of a specialty fertilizer must be accompanied by a nonrefundable application fee of $100 for each brand and grade to be sold or distributed as provided in section 18C.411.
An application for registration of a soil amendment or plant amendment must be accompanied by a nonrefundable application fee of $200 for each brand sold or distributed as provided in section 18C.411.
An application for a genetically engineered fertilizer, genetically engineered soil amendment, or genetically engineered plant amendment permit must be accompanied by a nonrefundable application fee of $125.
If an application for renewal of a registration under section 18C.411 or a license under section 18C.415 is submitted to the commissioner after December 31, an additional late fee of one-half of the amount due must be paid in addition to the application fee before the renewal license or registration may be issued.
[Repealed, 2007 c 45 art 1 s 66]
(a) The person who registers and distributes in the state a specialty fertilizer, soil amendment, or plant amendment under section 18C.411 shall pay the inspection fee to the commissioner.
(b) The person licensed under section 18C.415 who distributes a fertilizer to a person not required to be so licensed shall pay the inspection fee to the commissioner, except as exempted under section 18C.421, subdivision 1, paragraph (b).
(c) The person responsible for payment of the inspection fees for fertilizers, soil amendments, or plant amendments sold and used in this state must pay the inspection fee set under paragraph (e), and until June 30, 2029, an additional 40 cents per ton, of fertilizer, soil amendment, and plant amendment sold or distributed in this state, with a minimum of $10 on all tonnage reports. Notwithstanding section 18C.131, the commissioner must deposit all revenue from the additional 40 cents per ton fee in the agricultural fertilizer research and education account in section 18C.80. Products sold or distributed to manufacturers or exchanged between them are exempt from the inspection fee imposed by this subdivision if the products are used exclusively for manufacturing purposes.
(d) A registrant or licensee must retain invoices showing proof of fertilizer, plant amendment, or soil amendment distribution amounts and inspection fees paid for a period of three years.
(e) By commissioner's order, the commissioner must set the inspection fee at no less than 39 cents per ton and no more than 70 cents per ton. The commissioner must hold a public meeting before increasing the fee by more than five cents per ton.
18B.27 PESTICIDE REGISTRATION FOR SPECIAL LOCAL NEEDS.
(a) A person must file an application for a special local need application with the commissioner. The application must meet the requirements of section 18B.26, subdivision 2, and the commissioner may require other relevant information.
(b) The commissioner may require a full description of tests and test results upon which claims are based for:
(1) a pesticide use that is not registered under section 18B.26 or FIFRA; or
(2) a pesticide on which restrictions are being considered.
(c) The applicant may request in writing privacy of information submitted as provided in section 18B.38.
(a) After reviewing the application accompanied by the application fee, the commissioner shall, subject to the terms and conditions of the authorization by the administrator of the United States Environmental Protection Agency to register pesticides to meet special local needs, register pesticides if the commissioner determines that:
(1) the pesticide's composition warrants the proposed claims for the pesticide;
(2) the pesticide's label and other material required to be submitted comply with this chapter;
(3) the pesticide will perform its intended function without unreasonable adverse effect on the environment;
(4) the pesticide will not generally cause unreasonable adverse effects on the environment when used in accordance with label directions; and
(5) a special local need for the pesticide exists.
(b) The commissioner may revoke or modify a special local need registration if the commissioner determines that the terms or conditions of the registration do not comply with paragraph (a).
An application fee for a special local need registration must be accompanied by a nonrefundable fee of $150.
18C.432 MANURE APPLICATOR EDUCATION AND TRAINING.
(a) The commissioner shall develop, in conjunction with the University of Minnesota Extension Service, innovative educational and training programs addressing manure applicator concerns, including water quality protection and the development of manure management plans.
(b) The commissioner shall appoint educational planning committees which must include representatives of industry.
(c) Specific current regulatory concerns must be discussed and, if appropriate, incorporated into each training session.
(d) The commissioner may approve programs from private industry and nonprofit organizations that meet minimum requirements for education, training, and certification.
(e) The commissioner shall report to the house of representatives and senate agriculture policy and funding committees by January 30, 2001, with recommendations for training, examination, certification, and costs of a private applicator manure certification program.
The commissioner, in conjunction with the University of Minnesota Extension Service, shall continually revise and update manure applicator training manuals and examinations. Questions in the examinations must be determined by the commissioner. Manuals and examinations must include manure management practices that discuss prevention of manure occurrence in waters of the state.
18C.433 COMMERCIAL ANIMAL WASTE APPLICATION.
Beginning January 1, 2006, only a commercial animal waste technician site manager or commercial animal waste technician applicator may apply animal waste from a feedlot that:
(1) has a capacity of 300 animal units or more; and
(2) does not have an updated manure management plan that meets the requirements of Pollution Control Agency rules.
[Repealed by amendment, 2004 c 254 s 4]
[Repealed by amendment, 2004 c 254 s 4]
18B.29 RECIPROCAL LICENSING AND CERTIFICATION AGREEMENTS.
The commissioner may waive all or part of the examination requirements provided for in sections 18B.29 to 18B.35 on a reciprocal basis with any other jurisdiction which has substantially the same requirements. Licenses or certificates issued under sections 18B.29 to 18B.35 may be suspended or revoked upon suspension or revocation of the license or certificate of another jurisdiction supporting the issuance of a Minnesota license or certificate and in the same manner as other licenses and certificates.
18B.30 PESTICIDE USE LICENSE REQUIREMENT; INTERNET SALES PROHIBITED; RESTRICTED USE PESTICIDES.
(a) A person may not use a restricted use pesticide without a license or certification required under sections 18B.29 to 18B.35 and the use may only be done under conditions prescribed by the commissioner.
(b) A person shall not sell any pesticide labeled for restricted use over an Internet website to a Minnesota resident who is not a licensed or certified pesticide applicator. A person selling a pesticide labeled for restricted use over an Internet website to a Minnesota resident must verify that the purchaser is a licensed or certified pesticide applicator under sections 18B.29 to 18B.35.
18B.305 PESTICIDE EDUCATION AND TRAINING.
(a) The commissioner, as the lead agency, shall develop, implement or approve, and evaluate, in consultation with University of Minnesota Extension, the Minnesota State Colleges and Universities system, and other educational institutions, innovative educational and training programs addressing pesticide concerns including:
(1) water quality protection;
(2) endangered species protection;
(3) minimizing pesticide residues in food and water;
(4) worker protection and applicator safety;
(5) chronic toxicity;
(6) integrated pest management and pest resistance;
(7) pesticide disposal;
(8) pesticide drift;
(9) relevant laws including pesticide labels and labeling and state and federal rules and regulations;
(10) current science and technology updates; and
(11) thresholds and guidance to reduce the impacts of insecticide on pollinators.
(b) The commissioner shall appoint educational planning committees which must include representatives of industry and applicators.
(c) Specific current regulatory concerns must be discussed and, if appropriate, incorporated into each training session. Relevant changes to pesticide product labels or labeling or state and federal rules and regulations may be included.
(d) The commissioner may approve programs from private industry, higher education institutions, and nonprofit organizations that meet minimum requirements for education, training, and certification.
The commissioner, in consultation with University of Minnesota Extension and other higher education institutions, shall continually revise and update pesticide applicator training manuals and examinations. The manuals and examinations must be written to meet or exceed the minimum competency standards required by the United States Environmental Protection Agency and pertinent state specific information. Pesticide applicator training manuals and examinations must meet or exceed the competency standards in Code of Federal Regulations, title 40, part 171. Competency standards for training manuals and examinations must be published on the Department of Agriculture website. Questions in the examinations must be determined by the commissioner in consultation with other responsible agencies. Manuals and examinations must include pesticide management practices that discuss prevention of pesticide occurrence in groundwater and surface water of the state, and economic thresholds and guidance for insecticide use.
[Repealed, 2007 c 133 art 2 s 13]
18B.31 PESTICIDE DEALER LICENSE.
(a) Except as provided in paragraph (b), no fixed location may offer for sale or sell a restricted use or bulk pesticide to a pesticide end user without a pesticide dealer license.
(b) A pesticide dealer license is not required for:
(1) a licensed commercial applicator, noncommercial applicator, or structural pest control applicator who uses restricted use pesticides only as an integral part of a pesticide application service;
(2) a federal, state, county, or municipal agency using restricted use pesticides for its own programs;
(3) a licensed pharmacist, physician, dentist, or veterinarian when administering or dispensing a restricted use pesticide for use in the pharmacist's, physician's, dentist's, or veterinarian's practice; or
(4) a person at a fixed location that is not used to offer for sale or sell restricted use or bulk pesticides including, but not limited to, warehouses or other storage sites.
(c) A licensed pesticide dealer may sell restricted use pesticides only to an applicator licensed or certified by the commissioner, unless a sale is allowed by rule.
(d) A pesticide dealer license is required for an individual not located in Minnesota who offers for sale or sells a restricted use or bulk pesticide to a pesticide end user located in Minnesota.
(e) Only one pesticide dealer license is required per fixed location from which a restricted use or bulk pesticide is offered for sale or sold to a pesticide end user.
A pesticide dealer is responsible for the acts of a person who assists the dealer in the solicitation and sale of restricted use pesticides.
A pesticide dealer license:
(1) is issued by the commissioner upon receipt and review of a complete initial or renewal application;
(2) is valid for one year and expires on January 31 of each year unless it is suspended or revoked before that date;
(3) is not transferable to another location; and
(4) must be prominently displayed to the public in the pesticide dealer's place of business.
(a) A person must apply to the commissioner for a pesticide dealer license on the forms and in the manner required by the commissioner.
(b) The commissioner may require an additional demonstration of dealer qualification if the dealer has had a license suspended or revoked, or has otherwise had a history of violations of this chapter.
(c) An application for renewal of a pesticide dealer license is not complete until the commissioner receives the report and applicable fees required under section 18B.316, subdivision 8.
(a) An application for a pesticide dealer license must be accompanied by a nonrefundable application fee of $150.
(b) If an application for renewal of a pesticide dealer license is not filed before the license expires, an additional fee of 50 percent of the application fee must be paid by the applicant before the commissioner may issue the license.
18C.530 CITATION.
Sections 18C.531 to 18C.575 are known and may be cited as the "Minnesota Agricultural Liming Materials Law."
18C.535 POWERS AND DUTIES OF COMMISSIONER.
The commissioner shall administer, implement, and enforce sections 18C.531 to 18C.575. The Department of Agriculture is the lead state agency for the regulation of agricultural liming materials which includes the storage, handling, distribution, and use of agricultural liming materials.
The commissioner may delegate authorities and duties under sections 18C.531 to 18C.575 to designated employees or agents of the Department of Agriculture.
The commissioner may, by written agreement, delegate specific inspection, enforcement, and other regulatory duties of sections 18C.531 to 18C.575 to officials of approved agencies as defined in section 18B.01, subdivision 2.
18C.545 LABELING.
An agricultural liming material offered for sale in this state must be labeled in accordance with rules adopted under this chapter.
If agricultural liming material is transported or sold in bags or bulk, an invoice or delivery ticket in written or printed form as required by subdivision 1 must accompany each delivery and be supplied to each purchaser at the time of delivery.
18C.541 LICENSE.
Before a person may sell, offer for sale, or dispose of in this state agricultural liming material to be used for the correction of soil acidity or soil fertility, the distributor and producer must obtain a license by filing with the commissioner an acceptable application for a license to sell, together with the license fee, on or before January 1 of each year. The application must state the name of the producer or distributor, the location of the principal office of the producer or distributor, the number and location of each source of production covered by the license, and the name, brand, or trademark under which the agricultural liming material will be sold.
A license is effective until January 1 following the date of its issuance or approval. A license may not be transferred from one person to another.
The license must be posted in a conspicuous place in each location where agricultural liming materials are sold.
The commissioner may require a person applying for a license to sell or produce an agricultural liming material for use in this state to submit authentic experimental evidence or university research data to substantiate the claims made for the product. As evidence to substantiate claims, the commissioner may rely on experimental data, evaluations, or advice furnished by experts at the University of Minnesota and may accept or reject additional sources of evidence in evaluating the agricultural liming material. In all cases, the experimental evidence must relate to conditions in this state for which use of the product is intended. The commissioner may also require evidence of value of the product when used as directed or recommended.
If the commissioner determines that the evidence submitted under subdivision 4 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 its performance and usefulness.
Industrial by-product lime material that is transferred between parties without compensation, except for a fair and reasonable transportation charge, is exempt from fees for licensing and inspection.
18B.345 PESTICIDE APPLICATION ON GOLF COURSES.
(a) Application of a pesticide to the property of a golf course must be performed by:
(1) a structural pest control applicator; or
(2) a commercial or noncommercial pesticide applicator.
(b) Pesticides determined by the commissioner to be sanitizers and disinfectants are exempt from the requirements in paragraph (a).
18C.551 APPLICATION, SAMPLING, AND INSPECTION FEES.
An application for a license must be accompanied by a nonrefundable application fee of $150. This fee does not apply to occasional sales of 50 tons or less on an annual basis.
If an application for license renewal is not filed before January 1, an additional nonrefundable application fee of 50 percent of the amount due may be assessed before the renewal license is issued.
An applicant shall pay an additional application fee equal to the amount due for each license required if the applicant has distributed or used products in this state before the commissioner has issued an initial license for the products distributed or used.
A person shall pay an inspection fee of five cents per ton to the commissioner for all agricultural liming material offered for sale or sold in this state with a minimum of $10 on all tonnage reports. If more than one person is involved in the distribution of agricultural liming material, the person who first sells the agricultural liming material is responsible for the inspection fee. A person licensed under section 18C.541 must retain invoices showing proof of inspection fees paid.
The commissioner may sample agricultural liming material from a source of production to the extent the commissioner considers necessary to implement sections 18C.531 to 18C.575. The commissioner shall charge a sampling fee of $40 for each sample collected. If the sample and analysis fee is not paid before 60 days after billing, the commissioner shall assess an additional nonrefundable late payment fee of 50 percent of the total sample and analysis fee due.
Fees and penalties collected under sections 18C.531 to 18C.575 must be deposited in the general fund.
18B.35 APPLICATION CATEGORIES WITHIN APPLICATOR LICENSES.
(a) The commissioner may establish categories of structural pest control, commercial applicator, noncommercial applicator licenses, and private applicator certification consistent with federal requirements in Code of Federal Regulations, title 40, sections 171.101 and 171.105, including but not limited to the federal categories that are applicable to the state. Application categories must meet or exceed the competency standards in Code of Federal Regulations, title 40, part 171. Competency standards for application categories must be published on the Department of Agriculture website. The categories may include pest control operators and ornamental, agricultural, aquatic, forest, and right-of-way pesticide applicators. Separate subclassifications of categories may be specified as to ground, aerial, or manual methods to apply pesticides or to the use of pesticides to control insects, plant diseases, rodents, or weeds.
(b) Each category is subject to separate testing procedures and requirements.
A person may not be required to pay an additional fee for a category or subclassification of a category of a license.
18C.555 TONNAGE REPORT.
A licensed distributor or producer of agricultural liming material shall file with the commissioner on forms furnished by the commissioner a semiannual statement for the periods ending December 31 and June 30 setting forth the number of net tons of agricultural liming material sold in this state during the reporting period. The report is due on or before the last day of the month following the close of each reporting period of each calendar year. For a tonnage report that is not filed within 31 days after the end of the reporting period, a penalty of $50 must be paid by the licensee and may be recovered in a civil action against the licensee. The assessment of this penalty does not prevent the department from taking other actions as provided in sections 18C.531 to 18C.575.
Submission of each tonnage report gives authority to the commissioner to verify the records upon which the statement of tonnage is based.
18B.36 PRIVATE APPLICATOR CERTIFICATION.
(a) Except for a licensed commercial or noncommercial applicator, only a certified private applicator may use a restricted use pesticide to produce an agricultural commodity:
(1) as a traditional exchange of services without financial compensation;
(2) on a site owned, rented, or managed by the person or the person's employees; or
(3) when the private applicator is one of two or fewer employees and the owner or operator is a certified private applicator or is licensed as a noncommercial applicator.
(b) A person may not purchase a restricted use pesticide without presenting a license card, certified private applicator card, or the card number.
(c) A person certified under this section is considered qualified and is not required to verify, document, or otherwise prove a particular need prior to use, except as required by the federal label.
(d) A person certified under this section must be 18 years of age or older.
(a) The commissioner shall prescribe certification requirements and provide training that meets or exceeds United States Environmental Protection Agency standards to certify private applicators and provide information relating to changing technology to help ensure a continuing level of competency and ability to use pesticides properly and safely. Private applicator certification requirements and training must meet or exceed the competency standards in Code of Federal Regulations, title 40, part 171. Competency standards for private applicator certification and training must be published on the Department of Agriculture website. The training may be done through cooperation with other government agencies and must be a minimum of three hours in duration.
(b) A person must apply to the commissioner for certification as a private applicator. After completing the certification requirements, which must include a proctored examination as determined by the commissioner, an applicant must be certified as a private applicator to use restricted use pesticides. The certification shall expire March 1 of the third calendar year after the initial year of certification.
(c) The commissioner shall issue a private applicator card to a private applicator.
(a) A person applying to be certified as a private applicator must pay a nonrefundable $10 application fee for the certification period.
(b) A $5 fee must be paid for the issuance of a duplicate private applicator card.
18C.561 SAMPLING METHODS.
The methods of sampling and analysis of agricultural liming materials must be those adopted by the Association of Official Analytical Chemists. In cases not covered by those methods, or in cases where methods are available in which improved applicability has been demonstrated, the commissioner may adopt appropriate methods from other sources.
18C.565 FALSE OR MISLEADING STATEMENTS.
A person may not sell a misbranded agricultural liming material. An agricultural liming material is misbranded if it carries a false or misleading statement on the container or on the label attached to the container or if false or misleading statements concerning the agricultural liming material are disseminated in any manner or by any means.
18C.571 ADULTERATION.
A person may not sell an adulterated agricultural liming material. An agricultural liming material is adulterated if:
(1) it contains a deleterious or harmful ingredient in sufficient amount to render it injurious to plant life or the environment when applied in accordance with directions for use on the label;
(2) its composition falls below or differs from that it is purported to possess by its labeling; or
(3) it contains unwanted crop seed or weed seed. Adulterated products that cannot be reconditioned must be disposed of by methods approved by the commissioner.
18B.38 PROTECTION OF TRADE SECRETS.
In submitting data required by this chapter, the applicant may:
(1) clearly mark any portions that in the applicant's opinion are trade secrets, commercial, or financial information; and
(2) submit the marked material separately from other material.
After consideration of the applicant's request submitted under subdivision 1, the commissioner shall not make any information public that in the commissioner's judgment contains or relates to trade secrets or to commercial or financial information obtained from an applicant. When necessary, information relating to formulas of products may be revealed to any state or federal agency consulted with similar protection of trade secret authority and may be revealed at a public hearing or in findings of facts issued by the commissioner.
If the commissioner proposes to release information that the applicant or registrant believes to be protected from disclosure under subdivision 2, the commissioner shall notify the applicant or registrant by certified mail. The commissioner shall not make the information available for inspection until 30 days after receipt of the notice by the applicant or registrant. During this period the applicant or registrant may institute an action in an appropriate court for a declaratory judgment as to whether the information is subject to protection under this section.
18B.39 EXISTING RULES.
Rules of the commissioner of agriculture in effect on July 1, 1987, relating to the distribution, use, storage, handling, and disposal of pesticides, rinsates, and pesticide containers remain in effect until they are superseded by new rules.
18C.575 RULES.
The commissioner may adopt rules necessary to administer sections 18C.531 to 18C.575.
The commissioner may adopt rules governing the distribution, labeling, sale, handling, certification, use, application, storage, sampling, and analysis of liming materials.
18C.60 PHOSPHOROUS TURF FERTILIZER USE RESTRICTIONS.
For the purpose of this section, "turf" means noncrop land planted in closely mowed, managed grasses including, but not limited to, residential and commercial residential property, private golf courses, and property owned by federal, state, or local units of government, including parks, recreation areas, and public golf courses. Turf does not mean pasture, hayland, hay, turf grown on turf farms, or any other form of agricultural production.
(a) A person may not apply a fertilizer containing the plant nutrient phosphorus to turf statewide, except under conditions listed in paragraph (b).
(b) Paragraph (a) does not apply when:
(1) a tissue, soil, or other test by a laboratory or method approved by the commissioner and performed within the last three years indicates that the level of available phosphorus in the soil is insufficient to support healthy turf growth;
(2) the property owner or an agent of the property owner is first establishing turf via seed or sod procedures, and only during the first growing season; or
(3) the fertilizer containing the plant food phosphorus is used on a golf course under the direction of a person licensed, certified, or approved by an organization with an ongoing training program approved by the commissioner.
(c) Applications of phosphorous fertilizer authorized under paragraph (b) must not exceed rates recommended by the University of Minnesota and approved by the commissioner.
The commissioner, in consultation with the University of Minnesota Extension Service, fertilizer industry representatives, lakes groups, and other interested or affected parties, must produce consumer information on use restrictions and recommended best practices for lawn fertilizer containing phosphorus, and on best management practices for other residential sources of phosphorus in the urban landscape. The information must be in a format and of a content suitable for posting and distribution at retail points of sale of fertilizer that contains phosphorus and is for use on turf.
The commissioner, in cooperation with the University of Minnesota and the University of Minnesota Extension Service, and, after consultation with representatives of the fertilizer industry, lakes groups, and other interested or affected parties, shall evaluate research needs and encourage targeted research opportunities to investigate the effects of phosphorous fertilization of turf on urban stormwater quality. The commissioner must evaluate the effectiveness of the restrictions on phosphorous fertilizers under this section and report to the legislature by January 15, 2007.
18B.346 PESTICIDE APPLICATION ON RAILROAD PROPERTY.
This section applies only to common carrier railroads.
(a) In coordination with common carrier railroad companies operating in this state, the commissioner shall provide annual pesticide safety outreach opportunities for railroad employees.
(b) A common carrier railroad that operates in this state must provide annual employee pesticide safety training opportunities.
(a) A person may not directly apply a restricted use pesticide to occupied or unoccupied locomotives, track repair equipment, or on-track housing units unless the pesticide is specifically labeled for that use.
(b) Employees of common carrier railroads must not be required to work in affected areas in a manner that is inconsistent with the pesticide label.
A common carrier railroad or a commercial applicator hired by the common carrier railroad to apply pesticide must report to the commissioner within four hours, or as soon as practicable, any pesticide misuse known to the railroad company or commercial applicator that occurred on railroad property or to other property under the control of the railroad company. For the purposes of this section, "misuse" means a pesticide application that violates subdivision 3 or any provision in section 18B.07.
18C.61 FERTILIZER APPLICATION TO IMPERVIOUS SURFACE; PROHIBITION.
(a) A person may not apply a fertilizer to an impervious surface. Fertilizer released on an impervious surface must be immediately contained and either legally applied to turf or any other legal site or returned to the original or other appropriate container.
(b) For the purposes of this section, "impervious surface" means a highway, street, sidewalk, parking lot, driveway, or other material that prevents infiltration of water into the soil.
18C.62 ENFORCEMENT.
Sections 18C.60 and 18C.61 are enforced by local units of government under their existing authority. Violation of a provision in either of these sections is a petty misdemeanor.
18C.71 MINNESOTA AGRICULTURAL FERTILIZER RESEARCH AND EDUCATION PROGRAM.
Eligible project activities include research, education, and technology transfer related to the production and application of fertilizer, soil amendments, and other plant amendments, regenerative agriculture, and the protection of clean water. Chosen projects must contain a component of outreach that achieves a timely dissemination of findings and their applicability to the production agricultural community or metropolitan fertilizer users.
The council must develop or update research priorities and request guidance related to:
(1) the availability of nitrogen by manure type and livestock species based on management; and
(2) manure management and fertilizer best management practices for areas where surface water or groundwater are vulnerable to nitrate losses, including the adjustment of practices based on vulnerability such as coarse textured soils, soils with shallow bedrock, and karst geology.
Applications for program grants must be submitted in the form prescribed by the Minnesota Agricultural Fertilizer Research and Education Council. Applications must be submitted on or before the deadline prescribed by the council. All applications are subject to a thorough in-state review by a peer committee established and approved by the council. Each project meeting the basic qualifications is subject to a yes or no vote by each council member. Projects chosen to receive funding must achieve an affirmative vote from at least ten of the 15 council members or two-thirds of voting members present. Projects awarded program funds must submit an annual progress report in the form prescribed by the council.
The program must have an annual audit of financial activities, which the council must file with the commissioner on or before June 1 for the immediately preceding year ending December 31.
This section expires June 30, 2030.
18C.70 MINNESOTA AGRICULTURAL FERTILIZER RESEARCH AND EDUCATION COUNCIL.
(a) The Minnesota Agricultural Fertilizer Research and Education Council is established. The council is composed of 15 voting members as follows:
(1) one member of the Minnesota Crop Production Retailers;
(2) one member of the Minnesota Corn Growers Association;
(3) one member of the Minnesota Soybean Growers Association;
(4) one member of the sugar beet growers industry;
(5) one member of the Minnesota Association of Wheat Growers;
(6) one member of the potato growers industry;
(7) one member of the Minnesota Farm Bureau;
(8) one member of the Minnesota Farmers Union;
(9) one member from the Minnesota Irrigators Association;
(10) one member of the Minnesota Grain and Feed Association;
(11) one member of the Minnesota Independent Crop Consultant Association or the Minnesota certified crop advisor program;
(12) one member representing the Minnesota Institute for Sustainable Agriculture;
(13) one member of the Minnesota Soil Health Coalition;
(14) one member who is an expert in public health; and
(15) one member who is an expert in water quality and has performed scientific research on water issues.
(b) Council members shall serve three-year terms. After the initial council is appointed, subsequent appointments must be staggered so that one-third of council membership is replaced each year. Council members must be appointed by the commissioner and, except for the members specified under paragraph (a), clauses (14) and (15), nominated by their organizations. The council may add ex officio members at its discretion. The council must meet at least once per year, with all related expenses reimbursed by members' sponsoring organizations or by the members themselves.
The council must review applications and select projects to receive agricultural fertilizer research and education program grants, as authorized in section 18C.71. The council must establish a program to provide grants to research, education, and technology transfer projects related to agricultural fertilizer, soil amendments, and plant amendments. For the purpose of this section, "fertilizer" includes soil amendments and plant amendments, but does not include vegetable or animal manures that are not manipulated. The commissioner is responsible for all fiscal and administrative duties.
The council may recommend to the governor and legislature a checkoff fee to provide funding for grants under section 18C.71.
The commissioner's duties under this section and section 18C.71 are not subject to the provisions of chapter 14.
This section expires June 30, 2030.
18E.01 CITATION.
This chapter may be cited as the "Agricultural Chemical Response and Reimbursement Law."
18C.80 AGRICULTURAL FERTILIZER RESEARCH AND EDUCATION ACCOUNT.
An agricultural fertilizer research and education account is established in the agricultural fund. Money in the account, including interest earned, is appropriated to the commissioner for grants determined by the Minnesota Agricultural Fertilizer Research and Education Council under section 18C.71. The commissioner may use up to $80,000 each fiscal year for direct costs incurred to provide fiscal and administrative support to the council as required under section 18C.70, subdivision 2. The commissioner may also recover associated indirect costs from the account as required under section 16A.127.
This section expires June 30, 2030.
18E.035 FINANCIAL SECURITY; MUNICIPAL AIRPORTS.
As a condition for the use of space or facilities for the storage, handling, or distribution of agricultural chemicals on the grounds of a municipal airport, a licensed aerial pesticide applicator shall hold the owner of the airport harmless for any expenses to cover necessary corrective actions caused by the applicator.
18E.05 AGRICULTURAL CHEMICAL RESPONSE COMPENSATION BOARD.
(a) The Agricultural Chemical Response Compensation Board is created to consist of the commissioner of agriculture, the commissioner of commerce, and three private industry members consisting of: one representative of agricultural chemical manufacturers and wholesalers; one representative of farmers; and one representative of dealers who sell the agricultural chemicals at retail. The governor shall appoint the private industry members. Appointment, vacancies, removal, terms, and payment of compensation and expenses of members, but not expiration of the board itself, are governed by section 15.0575.
(b) The commissioner of agriculture shall provide staff to support the activities of the board.
(c) The board shall adopt rules regarding its practices and procedures, the application form and procedures for determining eligibility for and the amount of reimbursement, and procedures for investigation of claims.
The board shall:
(1) accept applications for reimbursement from the account;
(2) determine the eligibility of applicants for reimbursement;
(3) determine the amount of reimbursement due each eligible applicant and the reimbursement payment schedule where applicable; and
(4) order reimbursement and notify the commissioner of the eligible person, the amount of reimbursement due, and the payment schedule, if any.
The board must receive a completed application at least 30 days before a board meeting in order for a request for reimbursement or payment to be considered at that meeting, unless the applicant and the commissioner agree to a longer time period. The board may waive the 30-day requirement if it determines that undue financial hardship to the applicant will result if action is delayed until the next regular meeting. The board must act upon a completed application request at the next regular board meeting, unless additional information is required from the applicant or the commissioner. If the board denies reimbursement or payment, its decision may be appealed in a contested case proceeding under chapter 14.
18F.01 PURPOSE.
The purpose of sections 18F.01 to 18F.13 is to establish conditions for the release of certain genetically engineered agriculturally related organisms to protect humans and the environment from the potential for significant adverse effects of those releases.
18E.06 REPORT.
By December 1 of each year, the Agricultural Chemical Response Compensation Board and the commissioner shall submit to the house of representatives Committee on Ways and Means, the senate Committee on Finance, the house of representatives and senate committees with jurisdiction over the environment, natural resources, and agriculture, and the Environmental Quality Board a report detailing the board's activities and reimbursements and the expenditures and activities associated with the commissioner's incident response program for which money from the account has been spent during the previous year.
18F.04 POWERS AND DUTIES OF COMMISSIONER.
The commissioner shall administer, implement, and enforce sections 18F.01 to 18F.13. The Board of Animal Health shall be consulted on permits that relate to livestock and domestic animals.