piers109uk/MN-Statutes huggingface dataset:
18C.110 PREEMPTION OF LOCAL LAW.
(a) Except as specifically provided in this chapter, a local unit of government may not adopt or enforce any ordinance that prohibits or regulates, and may not in any other way prohibit or regulate, the distribution, sale, handling, use, or application of phosphorous fertilizers and phosphorous fertilizer products that are applied or will be applied to land used for growing crops or any other agricultural use.
(b) Except as specifically provided in this chapter, a local unit of government may not adopt or enforce any ordinance that prohibits or regulates the registration, labeling, distribution, sale, handling, use, application, or disposal of turf fertilizer containing phosphorus.
(c) This section does not prohibit a local ordinance that restricts the sale of turf phosphorous fertilizer that was in effect on August 1, 2002.
(d) This section does not preempt local authority or responsibility for zoning, fire codes, or hazardous waste disposal.
(e) Paragraphs (a) and (d) are effective April 20, 2002. Paragraphs (b) and (c) are effective January 1, 2004.
18D.105 CORRECTIVE ACTION ORDERS.
(a) After determining an incident has occurred, the commissioner may order the responsible party to take reasonable and necessary corrective actions.
(b) The commissioner shall notify the owner of real property where corrective action is ordered that access to the property will be required for the responsible party or the commissioner to take corrective action.
(c) A political subdivision may not request or order any person to take an action that conflicts with the corrective action ordered by the commissioner.
(d) The attorney general on request of the commissioner may bring an action to compel corrective action.
The commissioner may take corrective action if:
(1) a responsible party cannot be identified; or
(2) an identified responsible party cannot or will not comply with a corrective action order issued under subdivision 1.
(a) To assure an adequate response to an incident, the commissioner may take corrective action without following the procedures of subdivision 1 if the commissioner determines that the incident constitutes a clear and immediate danger requiring immediate action to prevent, minimize, or mitigate damage to the public health and welfare or the environment.
(b) Before taking an action under this subdivision, the commissioner must make all reasonable efforts, taking into consideration the urgency of the situation, to order a responsible party to take a corrective action and notify the owner of real property where the corrective action is to be taken.
Passive bioremediation must be considered for pesticide and fertilizer cleanups whenever an assessment of the site determines that there is a low potential risk to public health and the environment. The assessment may include the soil types involved, leaching potential, underlying geology, proximity to ground and surface water, and the soil half-life of the pesticides.
The Department of Agriculture is the lead state agency in taking corrective action for incidents.
18B.075 PESTICIDE-TREATED SEED.
A person may not use, store, handle, distribute, or dispose of seed treated with pesticide in a manner that:
(1) endangers humans, food, livestock, fish, or wildlife; or
(2) will cause unreasonable adverse effects on the environment.
18C.111 POWERS AND DUTIES OF COMMISSIONER.
The commissioner shall administer, implement, and enforce this chapter and the Department of Agriculture is the lead state agency for the regulation of fertilizer, including storage, handling, distribution, use, and disposal of fertilizer.
The commissioner may delegate duties under this chapter to designated employees or agents of the Department of Agriculture.
The commissioner may, by written agreements, delegate specific inspection, enforcement, and other regulatory duties of this chapter to officials of other agencies. The delegation may only be made to a state agency, a political subdivision, or a political subdivision's agency that has signed a joint powers agreement with the commissioner as provided in section 471.59. The commissioner may also enter into data sharing agreements with other state agencies to help assess the potential for unreasonable adverse effects to human health and the environment from the use of a fertilizer.
(a) The commissioner may, under rules adopted under section 18C.121, subdivision 1, certify a person to offer or perform a regulatory compliance inspection of any person or site that stores, handles, or distributes ammonia or anhydrous ammonia fertilizer. The deadlines established in section 14.125 are extended until June 30, 2014, for rules adopted under this subdivision.
(b) Pursuant to those rules, a person certified under paragraph (a) may issue a certification of compliance to an inspected person or site if the certified person documents in writing full compliance with the provisions of this chapter and rules adopted under this chapter.
(c) A person or site issued a certification of compliance must provide a copy of the certification to the commissioner immediately upon request or within 90 days following certification.
(d) Certifications of compliance are valid for a period of three years. The commissioner may determine a different time period in the interest of public safety or for other reasonable cause.
The Department of Agriculture is the lead state agency for the regulation of fertilizer containing PFAS, including the storage, handling, distribution, use, and disposal of fertilizer containing PFAS. In order to reduce duplication, a distributor, registrant, or guarantor is not required to provide technical data to another state agency if the distributor, registrant, or guarantor has previously submitted the data to the commissioner and the data is available to the other state agencies.
18C.115 ADOPTION OF NATIONAL STANDARDS.
It is the policy of this state to achieve and maintain uniformity as much as possible with national standards and with other states in the regulation and control of the manufacture, distribution, and sale of fertilizer in this state.
Applicable national standards contained in the most recently published version of the official publication of the Association of American Plant Food Control Officials including the rules and regulations, statements of uniform interpretation and policy, and the official fertilizer terms and definitions, and not otherwise adopted by the commissioner, may be adopted as fertilizer rules of this state.
18D.1051 RESPONSE TO AGRICULTURAL CHEMICAL INCIDENTS.
The commissioner of agriculture may take corrective action under this chapter, or response and remedial action under chapter 115B, or both, as provided under those chapters, in responding to an agricultural chemical incident, release, or threatened release.
18D.1052 LAND APPLICATION OF AGRICULTURAL CHEMICAL CONTAMINATED SOIL AND OTHER MEDIA.
The commissioner may, upon request, provide a written authorization to a responsible party, owner of real property, or other person, for land application of contaminated media. A written land application request must be submitted to the commissioner, in a form prescribed by the commissioner, and approved by the commissioner prior to any land application. The commissioner may approve a land application request if the commissioner determines that the land application will not cause unreasonable adverse effects on the environment. An authorization for land application must prescribe appropriate application rates and other operational control practices to protect human health and the environment and must identify each site or sites where land application is authorized to be performed.
A land application specifically allowed under a state or federal permit, license, or other written approval by an authorized state or federal agency is exempt from this section. In the event of an emergency, or for small quantities of contaminated media, as determined by the commissioner, contaminated media may be land applied without prior written approval, providing that the land application is orally approved by the commissioner prior to the application. The commissioner shall confirm the oral approval in writing within three business days of an oral approval.
18D.111 LIABILITY FOR COSTS.
(a) A responsible party is liable for the costs, including for a corrective action administrative cost incurred after the corrective action order has been issued, or for emergency corrective action, all costs. The commissioner may issue an order for recovery of the costs.
(b) A responsible party is liable for the costs of any destruction to wildlife. Payments of costs for wildlife destruction shall be deposited in the game and fish fund of the state treasury.
An owner of real property is not a responsible party for an incident on the owner's property unless that owner:
(1) was engaged in manufacturing, formulating, transporting, storing, handling, applying, distributing, or disposing of an agricultural chemical on the property;
(2) knowingly permitted any person to make regular use of the property for disposal of agricultural chemicals; or
(3) violated this chapter in a way that contributed to the incident.
A person licensed under chapter 18B or 18C is civilly liable for violations of this chapter, chapter 18B, or 18C by the person's employees and agents.
(a) A responsible party may not avoid liability by means of a conveyance of a right, title, or interest in real property, or by an indemnification, hold harmless agreement, or similar agreement.
(b) This subdivision does not:
(1) prohibit a person who may be liable from entering an agreement by which the person is insured, held harmless, or indemnified for part or all of the liability;
(2) prohibit the enforcement of an insurance, hold harmless, or indemnification agreement; or
(3) bar a cause of action brought by a person who may be liable or by an insurer or guarantor, whether by right of subrogation or otherwise.
As a defense to a penalty or liability for damages, a person may prove that a violation was caused solely by an act of God, an act of war, or an act or failure to act that constitutes sabotage or vandalism, or a combination of these defenses.
18C.135 APPLICATION OF REQUIREMENTS TO SEWAGE SLUDGE AND COMPOST.
Sewage sludge that is transferred between parties without compensation is exempt from the requirements of this chapter except the labeling requirements of this chapter.
A copy of the sewage sludge analysis required by the rules of the Pollution Control Agency is sufficient to meet the labeling requirements.
Compost that is transferred between parties without compensation is exempt from all requirements of this chapter.
18C.131 FERTILIZER INSPECTION ACCOUNT.
A fertilizer inspection account is established in the state treasury. The fees collected under this chapter and interest attributable to money in the account must be deposited in the state treasury and credited to the fertilizer inspection account in the agricultural fund. Money in the account, including interest earned, is appropriated to the commissioner for the administration and enforcement of this chapter.
18D.115 APPORTIONMENT OF LIABILITY AND CONTRIBUTION.
(a) A responsible party held liable under this chapter has the right to have the trier of fact apportion liability among the responsible parties as provided in this section. The burden is on each responsible party to show how that responsible party's liability should be apportioned. The trier of fact shall reduce the amount of damages in proportion to the amount of liability apportioned to the party recovering.
(b) In apportioning the liability of a party under this section, the trier of fact shall consider the following:
(1) the extent to which that responsible party contributed to the incident;
(2) the amount of agricultural chemical involved;
(3) the degree of toxicity of the agricultural chemical involved;
(4) the degree of involvement of and care exercised by the responsible party in manufacturing, formulating, handling, storing, distributing, transporting, applying, and disposing of the agricultural chemical;
(5) the degree of cooperation by the responsible party with federal, state, or local officials to prevent any harm to the public health or the environment; and
(6) knowledge by the responsible party of the hazardous nature of the agricultural chemical.
If a responsible party is held liable under this chapter and establishes a proportionate share of the aggregate liability, the provisions of section 604.02, subdivisions 1 and 2, shall apply with respect to contribution and reallocation of any uncollectible amounts, except that an administrative law judge may also perform the functions of a court identified in section 604.02, subdivision 2.
18B.091 PESTICIDES ON MEDICAL CANNABIS.
A person working on behalf of an approved medical cannabis manufacturer may apply minimum risk pesticide for growing medical cannabis as defined in section 152.22, subdivision 6, unless:
(1) the commissioner determines that the product label prohibits the use of minimum risk pesticide on medical cannabis;
(2) the commissioner, in consultation with the commissioner of health, determines that the continued use of minimum risk pesticide would cause unreasonable adverse effects on human health; or
(3) the commissioner determines that the continued use of minimum risk pesticide would cause unreasonable adverse effects on the environment.
18C.121 RULES.
The commissioner may adopt rules necessary to implement and enforce this chapter. The rules must conform to national standards in a manner that is practicable and consistent with state law.
The commissioner may adopt rules governing the labeling, registration, and distribution of liming materials sold for agricultural purposes.
The commissioner may adopt rules establishing procedures and requirements for certification of soil and plant food testing laboratories operating in or outside of the state for the benefit of state residents. The rules shall include but not be limited to standardization of procedures and recommendations relating to application of plant food materials. Basic data and reference material for establishment of rules will include but not be limited to findings of the University of Minnesota soil testing laboratory.
Hearings authorized or required by law must be conducted by the commissioner or an officer, agent, or employee the commissioner designates.
18B.08 CHEMIGATION.
(a) A person may not apply pesticides through an irrigation system without a chemigation permit from the commissioner. A chemigation permit is required for one or more wells or other sources of irrigation water that are protected from contamination by devices as required by rule. The commissioner may allow irrigation to be used to apply pesticides on crops and land, including agricultural, nursery, turf, golf course, and greenhouse sites.
(b) A person must apply for a chemigation permit on forms prescribed by the commissioner.
A pesticide used under a chemigation permit must be suitable and labeled for application through an irrigation system.
A chemigation system must be fitted with effective antisiphon devices or check valves that prevent the backflow of pesticides or pesticide-water mixtures into water supplies or other materials during times of irrigation system failure or equipment shutdown. The devices or valves must be installed between:
(1) the irrigation system pump or water source discharge and the point of pesticide injection; and
(2) the point of pesticide injection and the pesticide supply.
A person applying for a chemigation permit must pay a nonrefundable application fee of $250. A person who holds a fertilizer chemigation permit under section 18C.205, is exempt from the fee in this subdivision.
[Repealed, 1996 c 310 s 1]
18B.095 PESTICIDE APPLICATION IN SCHOOLS.
To the extent authorized under this chapter, application of a pesticide to the inside or outdoor property of a Minnesota kindergarten through 12th grade public school must be performed by a:
(1) structural pest control applicator;
(2) commercial or noncommercial pesticide applicator with appropriate use category certification; or
(3) school pest management coordinator or a school employee with school pest management knowledge.
Pesticides determined by the commissioner to be sanitizers or disinfectants are exempt from subdivision 1.
The commissioner, in consultation with the Departments of Health; Administration; and Education; the University of Minnesota Extension Service; the Minnesota School Boards Association; and other persons as necessary and appropriate, must:
(1) establish and maintain a registry of school pest management coordinators; and
(2) provide information on a regular and periodic basis to school pest management coordinators on pest management techniques and programs, including model school policies; proper pesticide use, storage, handling, and disposal; and other relevant pesticide and pest management information.
18D.302 FALSE STATEMENT OR RECORD.
A person must not knowingly make or offer a false statement, record, or other information as part of:
(1) an application for registration, license, certification, permit, or land application of contaminated soil or other media under this chapter or chapter 18B, 18C, or 18F or rules adopted under one of those chapters;
(2) records or reports required under this chapter or chapter 18B, 18C, 18E, or 18F or rules adopted under one of those chapters; or
(3) an investigation of a violation of this chapter or chapter 18B, 18C, 18E, or 18F or rules adopted under one of those chapters.
18D.301 ENFORCEMENT.
(a) The commissioner shall enforce this chapter and chapters 18B, 18C, and 18F.
(b) Violations of chapter 18B, 18C, or 18F or rules adopted under chapter 18B, 18C, or 18F, or section 103H.275, subdivision 2, are a violation of this chapter.
(c) Upon the request of the commissioner, county attorneys, sheriffs, and other officers having authority in the enforcement of the general criminal laws shall take action to the extent of their authority necessary or proper for the enforcement of this chapter or special orders, standards, stipulations, and agreements of the commissioner.
If minor violations of this chapter, chapter 18B, 18C, or 18F occur or when the commissioner believes the public interest will be best served by a suitable notice of warning in writing, this chapter does not require the commissioner to:
(1) report the violation for prosecution;
(2) institute seizure proceedings; or
(3) issue a withdrawal from distribution or stop-sale order.
Civil judicial enforcement actions may be brought by the attorney general in the name of the state on behalf of the commissioner. A county attorney may bring a civil judicial enforcement action upon the request of the commissioner and agreement by the attorney general.
The commissioner may apply to a court with jurisdiction for a temporary or permanent injunction to prevent, restrain, or enjoin violations of this chapter.
For a criminal action, the county attorney from the county where a criminal violation occurred is responsible for prosecuting a violation of this chapter. If the county attorney refuses to prosecute, the attorney general on request of the commissioner may prosecute.
All nonresident commercial and structural pest control applicator licensees licensed as individuals must appoint the commissioner as the agent upon whom all legal process may be served and service upon the commissioner is deemed to be service on the licensee.
18B.10 ACTION TO PREVENT GROUNDWATER CONTAMINATION.
(a) The commissioner may, by rule, special order, or delegation through written regulatory agreement with officials of other approved agencies, take action necessary to prevent the contamination of groundwater resulting from leaching of pesticides through the soil, from the backsiphoning or backflowing of pesticides through water wells, or from the direct flowage of pesticides to groundwater.
(b) With owner consent, the commissioner may use private water wells throughout the state to monitor for the presence of agricultural pesticides and other industrial chemicals in groundwater. The specific locations and land owners shall not be identifiable. The owner or user of a private water well sampled by the commissioner must be given access to test results.
18C.201 PROHIBITED FERTILIZER ACTIVITIES.
A person may not store, handle, distribute, or dispose of a fertilizer, rinsate, fertilizer container, or fertilizer application equipment in a manner:
(1) that endangers humans, damages agricultural products, food, livestock, fish, or wildlife;
(2) that will cause unreasonable adverse effects on the environment; or
(3) that will cause contamination of public or other waters of the state, as defined in section 103G.005, subdivisions 15 and 17, from backsiphoning or backflowing of fertilizers through water wells or from the direct flowage of fertilizers.
A person may not fill fertilizer application equipment directly from a public water supply, as defined in section 144.382, unless the outlet from the public water supply is equipped with a backflow prevention device that complies with Minnesota Rules, chapter 4714.
A person may not fill fertilizer application equipment directly from public or other waters of the state, as defined in section 103G.005, subdivisions 15 and 17, unless the equipment contains proper and functioning anti-backsiphoning mechanisms.
A person may not:
(1) clean fertilizer application equipment in surface waters of the state; or
(2) fill or clean fertilizer application equipment adjacent to surface waters, ditches, or wells where, because of the slope or other conditions, fertilizers or materials contaminated with fertilizers could enter or contaminate the surface waters, groundwater, or wells, as a result of overflow, leakage, or other causes.
A person may only dispose of fertilizer, rinsate, and fertilizer containers in accordance with this chapter. The manner of disposal must not cause unreasonable adverse effects on the environment.
[Repealed, 2005 c 136 art 7 s 22]
[Repealed, 2005 c 136 art 7 s 22]
18B.11 SALE OR USE OF TCDD.
A person may not sell, offer for sale, or use a pesticide containing in excess of 0.1 parts per million of 2,3,7, 8-tetrachlorodibenzo-para-dioxin (TCDD).
18B.115 SALE OR USE OF CHLORDANE OR HEPTACHLOR.
The state, a state agency, a political subdivision of the state, a person, or other legal entity may not sell, use, or apply the pesticide chlordane or its derivative heptachlor within the state.
18C.202 PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
Beginning January 1, 2026, a product manufacturer must annually provide a statement that a product contains no intentionally added PFAS or, for products that contain intentionally added PFAS, must submit to the commissioner the following information:
(1) the name and purpose for which PFAS are used in the product, including in any product components;
(2) the amount of each PFAS chemical, identified by its name, chemical structure, analytical methods, chemical abstracts service registry number, or other method approved by the commissioner, in the product; and
(3) any additional information required by the commissioner.
The commissioner may waive all or part of the notification requirement under subdivision 1 if the commissioner determines that substantially equivalent information is available. The commissioner may extend the deadline for the submission of the information required under subdivision 1 if the commissioner determines that more time is needed by the manufacturer to comply with the submission requirement. With the approval of the commissioner, a manufacturer may supply the information for a category or type of product rather than for each individual product. This may include raw materials used to produce blended fertilizers.
Beginning January 1, 2032, the commissioner must not register or approve a product for use under this chapter if the product contains intentionally added PFAS unless the commissioner determines that the use of PFAS is a currently unavoidable use.
18D.311 DAMAGES FOR ADMINISTRATIVE ACTION WITHOUT CAUSE.
If the commissioner did not have probable cause for an administrative action, including the issuance of a stop-sale, stop-use, or removal order, a court may allow recovery for damages caused by the administrative action.
18B.12 SALE AND DISTRIBUTION OF ADULTERATED PESTICIDES.
A person may not offer for sale or distribute a pesticide that is determined by the commissioner to be adulterated, including a pesticide that has:
(1) a strength or purity that does not meet the standard of quality expressed on its label;
(2) a constituent entirely or partially substituted; or
(3) an important or necessary constituent entirely or partially removed.
18C.211 GUARANTEED ANALYSIS.
(a) Until the commissioner prescribes the alternative form of guaranteed analysis, it must be stated as provided in this subdivision.
(b) A guaranteed analysis must state the percentage of plant nutrient content, if claimed, in the following form:
(c) For unacidulated mineral phosphatic materials and basic slag, bone, tankage, and other organic phosphate materials, the total phosphate or degree of fineness may also be stated.
(a) A person may guarantee plant nutrients other than nitrogen, phosphorus, and potassium only if allowed or required by commissioner's rule.
(b) The guarantees for the plant nutrients must be expressed in the elemental form.
(c) The sources of other elements, oxides, salt, and chelates, may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the commissioner and with the advice of the director of the agricultural experiment station.
(d) If plant nutrients or other substances or compounds are guaranteed, the plant nutrients are subject to inspection and analyses in accord with the methods and rules prescribed by the commissioner.
(e) The commissioner may, by rule, require the potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of 100 pounds per ton.
(f) The plant nutrients in a specialty fertilizer must not be below or exceed the guaranteed analysis by more than the investigational allowances established by rule.
[Repealed, 1993 c 367 s 41]
The guaranteed analysis of a soil amendment or plant amendment must be an accurate statement of composition including the percentages of each ingredient. If the product is a microbiological product, the number of viable microorganisms per milliliter for a liquid or the number of viable microorganisms per gram for a dry product must also be listed.
18B.13 SALE AND DISTRIBUTION OF MISBRANDED PESTICIDES AND DEVICES.
A person may not offer for sale or distribute a pesticide or device determined by the commissioner to be misbranded, including a pesticide or device that:
(1) is an imitation of or is offered for sale under the name of another pesticide or device; or
(2) does not comply with the labeling requirements under this chapter or FIFRA.
18D.315 ADMINISTRATIVE PENALTIES.
(a) In determining the amount of the administrative penalty, the commissioner shall consider the economic gain received by the person allowing or committing the violation, the gravity of the violation in terms of actual or potential damage to human health and the environment, and the violator's culpability, good faith, and history of violations.
(b) The commissioner may assess an administrative penalty of up to $1,500 per day for a violation of a corrective action order or remedial action order.
(c) An administrative penalty may be assessed if the person subject to a corrective action order or remedial action order does not comply with the order in the time provided in the order. The commissioner must state the amount of the administrative penalty in the corrective action order or remedial action order.
(a) If a person subject to an administrative penalty fails to pay the penalty, which must be part of a final order by the commissioner, by 30 days after the final order is issued, the commissioner may commence a civil action for double the assessed penalty plus attorney fees and costs.
(b) An administrative penalty may be recovered in a civil action in the name of the state brought in the district court of the county where the violation is alleged to have occurred or the district court where the commissioner has an office.
18C.205 CHEMIGATION.
The commissioner may issue chemigation permits for irrigation to be used to apply fertilizers on crops and land, including agricultural, nursery, turf, golf course, and greenhouse sites.
A person may not apply fertilizers through an irrigation system without a chemigation permit from the commissioner. A chemigation permit is required for one or more wells or other sources of irrigation water that are protected from contamination by the same devices as required by rule.
(a) A person must apply for a chemigation permit on forms prescribed by the commissioner.
(b) A person initially applying for a chemigation permit must pay a nonrefundable application fee of $50. A person who holds a valid pesticide chemigation permit as required in chapter 18B is exempt from the fee in this subdivision.
An irrigation system operating under a chemigation permit must be fitted with effective antisiphon devices or check valves that prevent the backflow of fertilizers or fertilizer-water mixtures into water supplies or other materials during times of irrigation system failure or equipment shutdown. The devices or valves must be installed between:
(1) the irrigation system pump or other source discharge and the point of fertilizer injection; and
(2) the point of fertilizer injection and the fertilizer supply.
The commissioner shall adopt rules prescribing conditions and restrictions for applying fertilizers by irrigation.
18B.135 SALE OF PESTICIDES IN RETURNABLE CONTAINERS AND MANAGEMENT OF UNUSED PORTIONS.
(a) A person distributing, offering for sale, or selling a pesticide must accept empty pesticide containers from a pesticide end user if:
(1) the person does not participate in a designated collection program for pesticide containers after July 1, 1994;
(2) the empty container is prepared for disposal in accordance with label instructions and is returned to the place of purchase within the state; and
(3) a collection site that is seasonably accessible on multiple days has not been designated either by the county board or by agreement with other counties, the agricultural chemical dealer(s) in their respective counties, or the commissioner for the public to return empty pesticide containers for the purpose of reuse or recycling or following other approved management practices for pesticide containers in the order of preference established in section 115A.02, paragraph (b), and the county or counties have notified the commissioner of their intentions annually by February 1, in writing, to manage the empty pesticide containers.
(b) This subdivision does not prohibit the use of refillable and reusable pesticide containers.
(c) A person who has been notified by the county or counties of the designated collection site and who sells pesticides to a pesticide end user must notify purchasers of pesticides at the time of sale of the date and location designated for disposal of empty containers.
(d) For purposes of this section, pesticide containers do not include containers that have held sanitizers and disinfectants, containers made of metal or paper, plastic bags, bag-in-a-box, water soluble bags, and aerosol packaging, pesticides labeled primarily for use on humans or pets, or pesticides not requiring dilution or mixing.
The commissioner may adopt rules to implement this section, including procedures and standards prescribing the exemption of certain pesticide products and pesticide containers.
18D.321 APPEAL OF COMMISSIONER'S ORDERS.
(a) After service of an order, a person has 20 days from receipt of the order to notify the commissioner in writing that the person intends to contest the order.
(b) If the person fails to notify the commissioner that the person intends to contest the order, the order is a final order of the commissioner and not subject to further judicial or administrative review.
If a person notifies the commissioner that the person intends to contest an order issued under this chapter, the state Office of Administrative Hearings shall conduct a hearing in accordance with the applicable provisions of chapter 14 for hearings in contested cases. For contested corrective action orders, the state Office of Administrative Hearings shall conduct an administrative hearing not later than 14 days after notification that a corrective action order is contested.
Judicial review of a final decision in a contested case is available as provided in chapter 14.
18B.14 PESTICIDE STORAGE.
(a) A person may store or display pesticides and their containers only in the original container and separated from food, feed, seed, livestock remedies, drugs, plants, and other products or materials stored, displayed, or offered for sale in a manner that prevents contamination which would cause injury or damage to the other products or materials.
(b) A person may not allow open pesticide containers to be displayed for sale under any circumstances.
(a) A person storing pesticides in containers of a rated capacity of 500 gallons or more for more than ten consecutive days at a bulk pesticide storage facility must obtain a pesticide storage permit from the commissioner as required by rule.
(b) Applications must be on forms provided by the commissioner containing information established by rule. The initial application for a permit must be accompanied by a nonrefundable application fee of $100 for each location where the pesticides are stored. An application for a facility that includes both fertilizers as regulated under chapter 18C and bulk pesticides as regulated under this chapter shall pay only one application fee of $100.
(c) The commissioner shall by rule develop and implement a program to regulate bulk pesticides. The rules must include installation of secondary containment devices, storage site security, safeguards, notification of storage site locations, criteria for permit approval, a schedule for compliance, and other appropriate requirements necessary to minimize potential adverse effects on the environment. The rules must conform with existing rules of the Pollution Control Agency.
(d) A person must obtain a permit from the commissioner on forms provided by the commissioner before the person constructs or substantially alters a bulk pesticide storage facility. If an application is incomplete, the commissioner must notify the applicant as soon as possible. The permit must be acted upon within 30 days after receiving a completed application.
(e) An application to substantially alter a facility must be accompanied by a $50 fee. An application for a facility that includes both fertilizers regulated under chapter 18C and bulk pesticides regulated under this chapter shall pay only one application fee of $50.
(f) An additional fee of $250 must be paid by a person who begins construction of or substantially alters a bulk agricultural chemical storage facility before a permit is issued by the commissioner, except that the $250 additional fee may not be assessed if the person submits a permit application with the required fee to the commissioner before completing the construction or substantial alteration.
18C.221 FERTILIZER PLANT FOOD CONTENT.
(a) Products that are deficient in plant food content are subject to this subdivision.
(b) An analysis must show that a fertilizer is deficient:
(1) in one or more of its guaranteed primary plant nutrients beyond the investigational allowances and compensations as established by regulation; or
(2) if the overall index value of the fertilizer is shown below the level established by rule.
(c) A deficiency in an official sample of mixed fertilizer resulting from nonuniformity is not distinguishable from a deficiency due to actual plant nutrient shortage and is properly subject to official action.
(d) For the purpose of determining the commercial index value to be applied, the commissioner shall determine at least annually the values per unit of nitrogen, available phosphate, and soluble potash in fertilizers in this state.
(e) If a fertilizer in the possession of the consumer is found by the commissioner to be short in weight, the registrant or licensee of the fertilizer must submit a penalty payment of two times the value of the actual shortage to the consumer within 30 days after official notice from the commissioner.
18D.323 CREDITING OF PENALTIES, FEES, AND COSTS.
Except for money repaid to the agricultural chemical response and reimbursement account under section 18E.04, subdivision 6, penalties, cost reimbursements, fees, and other moneys collected under this chapter must be deposited into the state treasury and credited to the appropriate pesticide or fertilizer regulatory account.
18C.225 MISBRANDED PRODUCTS.
A person may not sell or distribute a misbranded fertilizer, soil amendment, or plant amendment.
A fertilizer, soil amendment, or plant amendment is misbranded if:
(1) it carries a false or misleading statement on the container, on the label attached to the container; or
(2) false or misleading statements concerning the fertilizer, soil amendment, or plant amendment are disseminated in any manner or by any means.
18D.325 CIVIL PENALTIES.
Except as provided in subdivisions 2 and 3, a person who violates this chapter, chapter 18B, 18C, or 18F or a special order, standard, stipulation, agreement, or schedule of compliance of the commissioner is subject to a civil penalty of up to $7,500 per day of violation as determined by the court.
A person who violates a provision of this chapter, chapter 18B, 18C, or 18F or a special order, standard, stipulation, agreement, or schedule of compliance of the commissioner that relates to disposal of agricultural chemicals so that they become hazardous waste, is subject to the penalties in section 115.071.
As a defense to a civil penalty or claim for damages under subdivisions 1 and 2, the defendant may prove that the violation was caused solely by an act of God, an act of war, or an act or failure to act that constitutes sabotage or vandalism, or any combination of these defenses.
In an action to compel performance of an order of the commissioner to enforce a provision of this chapter, the court may require a defendant adjudged responsible to perform the acts within the person's power that are reasonably necessary to accomplish the purposes of the order.
The civil penalties and payments provided for in this section may be recovered by a civil action brought by the county attorney or the attorney general in the name of the state.
18C.231 ADULTERATION.
A person may not sell or distribute an adulterated fertilizer, soil amendment, or plant amendment product.
A fertilizer, soil amendment, or plant amendment is adulterated if:
(1) it contains a deleterious or harmful ingredient in an amount to render it injurious to plant life if applied in accordance with directions for use on the label;
(2) the composition falls below or differs from that which the product is purported to possess by its labeling; or
(3) the product contains unwanted crop seed or weed seed.
Adulterated products that cannot be reconditioned must be disposed of according to methods approved by the commissioner.
18D.331 CRIMINAL PENALTIES.
Except as provided in subdivisions 2 and 3, a person is guilty of a misdemeanor if the person violates a provision of this chapter, chapter 18B, 18C, or 18F or a special order, standard, stipulation, agreement, or schedule of compliance of the commissioner.
A person is guilty of a gross misdemeanor if the person violates a provision of this chapter, chapter 18B, 18C, or 18F or a special order, standard, stipulation, agreement, or schedule of compliance of the commissioner, and the violation endangers humans.
A person is guilty of a gross misdemeanor if the person knowingly violates a provision of this chapter, chapter 18B, 18C, or 18F or a standard, special order, stipulation, agreement, or schedule of compliance of the commissioner.
A person who knowingly disposes of an agricultural chemical in violation of this chapter, chapter 18B or 18C, or a standard, special order, stipulation agreement, or schedule of compliance of the commissioner and the agricultural chemical is hazardous waste is subject to the penalties in section 609.671, subdivision 4.
[Repealed, 2005 c 136 art 7 s 22]
18C.235 STORAGE, HANDLING, DISPOSAL, AND INCIDENT RESPONSE PLAN.
(a) A person required to be licensed under section 18C.415, or a person who stores fertilizers, soil amendment, or plant amendment products in bulk, must develop and maintain an incident response plan that describes the actions that will be taken to prevent and respond to agricultural chemical incidents. The plan must include information the commissioner deems necessary to respond to an agricultural chemical emergency incident. The commissioner shall make sample incident response plan forms available. The plan must be kept at a principal business site or location within this state and must be submitted to the commissioner upon request. The plan must be:
(1) updated every three years or whenever information on the form becomes out of date, whichever is earlier;
(2) reviewed with employees at least once per calendar year and include documentation of training events; and
(3) made available to local first responders and documented accordingly.
(b) A person also required to maintain an incident response plan under section 18B.37 is not required to maintain a separate incident response plan under this subdivision.
[Repealed, 2015 c 44 s 37]
18D.40 ENHANCED PENALTIES; OUTDOOR RECREATION LANDS.
Notwithstanding limitations placed on administrative or civil penalty amounts under sections 18D.315 and 18D.325, a person who applies a pesticide resulting in damage to adjacent property that is part of the state outdoor recreation system may be subject to a monetary penalty equal to twice the amount that the commissioner would otherwise assess for a comparable violation.
18C.301 MIXING PESTICIDE WITH FERTILIZER, SOIL AMENDMENT, OR PLANT AMENDMENT.
A distributor who blends, mixes, or otherwise adds pesticides to fertilizers, soil amendments, or plant amendments must:
(1) be licensed under section 18C.415; and
(2) comply with the provisions of chapter 18B and the federal Insecticide, Fungicide and Rodenticide Act, Public Law 92-516, as amended.
18B.17 COOPERATIVE INSPECTION AND ENFORCEMENT AGREEMENTS.
The commissioner may enter into cooperative agreements with federal and state agencies for training, certification, inspection, and enforcement programs and may make reports to the United States Environmental Protection Agency and other federal agencies as required or requested. The commissioner may adopt and enforce federal standards, regulations, or orders relating to pesticide regulation when determined to be in the best interest of citizens of the state.
For purposes of training only, the commissioner may enter into agreements with qualified public or private organizations that wish to offer training programs.
18C.305 FERTILIZER FACILITIES.
A person must obtain a permit from the commissioner on forms provided by the commissioner before the person constructs or substantially alters:
(1) safeguards; or
(2) an existing facility used for the distribution, handling, or bulk storage of fertilizers, soil amendments, or plant amendments. The commissioner may not grant a permit for a site without safeguards that are adequate to prevent the escape or movement of the fertilizers from the site.
(a) An application for a new facility must be accompanied by a nonrefundable application fee of $100 for each location where fertilizer is stored.
(b) An application to substantially alter a facility must be accompanied by a nonrefundable $50 fee.
(c) An additional fee of $250 must be paid by a person who begins construction of, or substantially alters a bulk agricultural chemical storage facility before a permit is issued by the commissioner, except that the $250 additional fee may not be assessed if the person submits a permit application with the required fee to the commissioner before completing the construction or substantial alteration.
(d) An application for a facility that includes both fertilizers, as regulated under this chapter, and pesticides as regulated under chapter 18B shall pay only one application fee of $100.
A permit and safeguard is not required for agricultural commodity producers who store, on their own property, for their own use, no more than 6,000 gallons of liquid commercial fertilizer.
18C.401 GENERAL LICENSING AND REGISTRATION CONDITIONS.
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.
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.
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.
(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.
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.