reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.235 — Storage, Handling, Disposal, And Incident Response Plan.

18C.235 STORAGE, HANDLING, DISPOSAL, AND INCIDENT RESPONSE PLAN.
Subdivision 1.
Plan required.
(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(1) updated every three years or whenever information on the form becomes out of date, whichever is earlier;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.
Subd. 2.
[Repealed, 2015 c 44 s 37]
History:
1989 c 326 art 6 s 17; 2015 c 44 s 10
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.301 — Mixing Pesticide With Fertilizer, Soil Amendment, Or Plant Amendment.

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.
History:
1989 c 326 art 6 s 18
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.305 — Fertilizer Facilities.

18C.305 FERTILIZER FACILITIES.
Subdivision 1.
Construction permit.
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.
Subd. 2.
Permit fees.
(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.
Subd. 3.
Exemption.
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.
History:
1989 c 326 art 6 s 19; 1990 c 597 s 6; 1993 c 367 s 16; 2007 c 45 art 1 s 28
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.405 — Protection Of Trade Secrets.

18C.405 PROTECTION OF TRADE SECRETS.
Subdivision 1.
Notation of protected information.
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.
Subd. 2.
Protection of information by commissioner.
(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.
History:
1989 c 326 art 6 s 21
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.415 — Fertilizer Licenses.

18C.415 FERTILIZER LICENSES.
Subdivision 1.
License required.
(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.
Subd. 2.
Copy of label and labeling material.
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.
Subd. 3.
Effective period.
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.
Subd. 4.
Posting of license.
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.
History:
1989 c 326 art 6 s 23; 1996 c 330 s 18; 2009 c 94 art 1 s 62
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.421 — Tonnage Report.

18C.421 TONNAGE REPORT.
Subdivision 1.
Annual 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.
Subd. 2.
Additional reports.
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.
Subd. 3.
Late annual report and inspection fee penalty.
(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.
Subd. 4.
[Repealed by amendment, 2009 c 94 art 1 s 63]
Subd. 5.
Verification of annual tonnage report.
The commissioner may verify the records on which the annual tonnage report is based.
History:
1989 c 326 art 6 s 24; 1997 c 216 s 28; 2000 c 477 s 19; 2009 c 94 art 1 s 63; 2023 c 43 art 2 s 39
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.432 — Manure Applicator Education And Training.

18C.432 MANURE APPLICATOR EDUCATION AND TRAINING.
Subdivision 1.
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.
Subd. 2.
Training manual and examination development.
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.
History:
2000 c 435 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.433 — Commercial Animal Waste Application.

18C.433 COMMERCIAL ANIMAL WASTE APPLICATION.
Subdivision 1.
Requirement.
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.
Subd. 2.
[Repealed by amendment, 2004 c 254 s 4]
Subd. 3.
[Repealed by amendment, 2004 c 254 s 4]
History:
2000 c 435 s 2; 2004 c 254 s 4; 2013 c 114 art 2 s 42
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.530 — Citation.

18C.530 CITATION.
Sections 18C.531 to 18C.575 are known and may be cited as the "Minnesota Agricultural Liming Materials Law."
History:
1990 c 561 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.535 — Powers And Duties Of Commissioner.

18C.535 POWERS AND DUTIES OF COMMISSIONER.
Subdivision 1.
Administration.
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.
Subd. 2.
Delegation of duties.
The commissioner may delegate authorities and duties under sections 18C.531 to 18C.575 to designated employees or agents of the Department of Agriculture.
Subd. 3.
Delegation to approved agencies.
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.
History:
1990 c 561 s 3
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.541 — License.

18C.541 LICENSE.
Subdivision 1.
License to sell.
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.
Subd. 2.
Effective dates.
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.
Subd. 3.
License posting.
The license must be posted in a conspicuous place in each location where agricultural liming materials are sold.
Subd. 4.
Substantiation of claims.
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.
Subd. 5.
Insufficient evidence.
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.
Subd. 6.
Industrial by-product without charge exempt.
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.
History:
1990 c 561 s 4
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.545 — Labeling.

18C.545 LABELING.
Subdivision 1.
Product label.
An agricultural liming material offered for sale in this state must be labeled in accordance with rules adopted under this chapter.
Subd. 2.
Bagged and bulk shipment label.
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.
History:
1990 c 561 s 5; 1996 c 330 s 21
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.551 — Application, Sampling, And Inspection Fees.

18C.551 APPLICATION, SAMPLING, AND INSPECTION FEES.
Subdivision 1.
Agricultural liming materials license.
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.
Subd. 2.
Fee for late application.
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.
Subd. 2a.
Fee for product use without initial license.
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.
Subd. 3.
Inspection fees.
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.
Subd. 4.
Sample and analysis fee.
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.
Subd. 5.
Deposit of fees.
Fees and penalties collected under sections 18C.531 to 18C.575 must be deposited in the general fund.
History:
1990 c 561 s 6; 1993 c 13 art 1 s 14; 1997 c 216 s 34
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.555 — Tonnage Report.

18C.555 TONNAGE REPORT.
Subdivision 1.
Semiannual statement.
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.
Subd. 2.
Record verification.
Submission of each tonnage report gives authority to the commissioner to verify the records upon which the statement of tonnage is based.
History:
1990 c 561 s 7
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.561 — Sampling Methods.

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.
History:
1990 c 561 s 8
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.565 — False Or Misleading Statements.

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.
History:
1990 c 561 s 9
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.571 — Adulteration.

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.
History:
1990 c 561 s 10
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.575 — Rules.

18C.575 RULES.
Subdivision 1.
For administration.
The commissioner may adopt rules necessary to administer sections 18C.531 to 18C.575.
Subd. 2.
Liming materials.
The commissioner may adopt rules governing the distribution, labeling, sale, handling, certification, use, application, storage, sampling, and analysis of liming materials.
History:
1990 c 561 s 11; 1997 c 7 art 5 s 2
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.60 — Phosphorous Turf Fertilizer Use Restrictions.

18C.60 PHOSPHOROUS TURF FERTILIZER USE RESTRICTIONS.
Subdivision 1.
Definition.
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.
Subd. 2.
Phosphorus use restrictions.
(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.
Subd. 3.
Consumer information.
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.
Subd. 4.
Research evaluation; report.
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.
History:
2002 c 345 s 4; 2004 c 179 s 1; 2005 c 10 art 1 s 12
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.61 — Fertilizer Application To Impervious Surface; Prohibition.

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.
History:
2002 c 345 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.62 — Enforcement.

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.
History:
2002 c 345 s 6
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.70 — Minnesota Agricultural Fertilizer Research And Education Council.

18C.70 MINNESOTA AGRICULTURAL FERTILIZER RESEARCH AND EDUCATION COUNCIL.
Subdivision 1.
Establishment; membership.
(a) The Minnesota Agricultural Fertilizer Research and Education Council is established. The council is composed of 12 voting members as follows:
(1) two members 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; and
(11) one member of the Minnesota Independent Crop Consultant Association or the Minnesota certified crop advisor program.
(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 nominated by their organizations and appointed by the commissioner. 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.
Subd. 2.
Powers and duties.
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.
Subd. 3.
Checkoff fees.
The council may recommend to the governor and legislature a checkoff fee to provide funding for grants under section 18C.71.
Subd. 4.
Rules.
The commissioner's duties under this section and section 18C.71 are not subject to the provisions of chapter 14.
Subd. 5.
Expiration.
This section expires June 30, 2025.
History:
2007 c 45 art 1 s 29; 1Sp2015 c 4 art 2 s 10; 2017 c 88 art 2 s 21; 1Sp2019 c 1 art 2 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.71 — Minnesota Agricultural Fertilizer Research And Education Program.

18C.71 MINNESOTA AGRICULTURAL FERTILIZER RESEARCH AND EDUCATION PROGRAM.
Subdivision 1.
Eligible projects.
Eligible project activities include research, education, and technology transfer related to the production and application of fertilizer, soil amendments, and other plant amendments. 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.
Subd. 2.
Awarding grants.
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 eight of the 12 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.
Subd. 3.
Annual audit.
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.
Subd. 4.
Expiration.
This section expires June 30, 2025.
History:
2007 c 45 art 1 s 30; 2017 c 88 art 2 s 22; 1Sp2019 c 1 art 2 s 6,7
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.80 — Agricultural Fertilizer Research And Education Account.

18C.80 AGRICULTURAL FERTILIZER RESEARCH AND EDUCATION ACCOUNT.
Subdivision 1.
Account; appropriation.
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.
Subd. 2.
Expiration.
This section expires June 30, 2025.
History:
1Sp2015 c 4 art 2 s 11; 1Sp2019 c 1 art 2 s 8
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.01 — Definitions.

18D.01 DEFINITIONS.
Subdivision 1.
Definitions in chapters 18B, 18C, and 18F apply.
The definitions in chapters 18B, 18C, and 18F apply to this chapter.
Subd. 2.
Applicability of definitions in this section.
The definitions in this section apply to this chapter.
Subd. 3.
Agricultural chemical.
"Agricultural chemical" means a pesticide as defined under chapter 18B or a fertilizer, agricultural liming material, plant amendment, or soil amendment as defined under chapter 18C.
Subd. 3a.
Contaminated media.
"Contaminated media" means any soil, water, sediment, debris, or other material which contains an agricultural chemical at a concentration that may cause unreasonable adverse effects on the environment and is not the result of a legal use, as determined by the commissioner.
Subd. 4.
Corrective action.
"Corrective action" means an action taken to minimize, eliminate, or clean up an incident.
Subd. 5.
Hazardous waste.
"Hazardous waste" means a substance identified or listed as hazardous waste in the rules adopted under section 116.07, subdivision 4.
Subd. 6.
Incident.
"Incident" means a flood, fire, tornado, transportation accident, storage container rupture, portable container rupture, leak, spill, emission, discharge, escape, disposal, or other event that releases or immediately threatens to release an agricultural chemical accidentally or otherwise into the environment, and may cause unreasonable adverse effects on the environment. Incident does not include a release resulting from the normal use of a product or practice in accordance with law.
Subd. 7.
Owner of real property.
"Owner of real property" means a person who is in possession of, has the right of control, or controls the use of real property, including without limitation a person who may be a fee owner, lessee, renter, tenant, lessor, contract for deed vendee, licensor, licensee, or occupant.
Subd. 8.
Person.
"Person" means an individual, firm, corporation, partnership, association, trust, joint stock company, or unincorporated organization, the state, a state agency, or a political subdivision.
Subd. 9.
Provision of this chapter.
"Provision of this chapter" means a provision of this chapter, chapter 18B, 18C, 18F, or a rule adopted under those chapters.
Subd. 10.
Responsible party.
"Responsible party" means a person who at the time of an incident has custody of, control of, or responsibility for a pesticide, fertilizer, pesticide or fertilizer container, or pesticide or fertilizer rinsate.
History:
1989 c 326 art 7 s 1; 1990 c 561 s 12; 1991 c 250 s 19,20; 1995 c 95 s 4
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.101 — Liability For Application.

18D.101 LIABILITY FOR APPLICATION.
(a) Notwithstanding other law relating to liability for agricultural chemical use, an end user or landowner is not liable for the cost of active cleanup, or damages associated with or resulting from agricultural chemicals in groundwater if the person has applied or has had others apply agricultural chemicals in compliance with state law, with any applicable labeling, and orders of the commissioner.
(b) It is a complete defense for liability if the person has complied with the provisions in paragraph (a).
History:
1989 c 326 art 7 s 2
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.103 — Report Of Incidents Required.

18D.103 REPORT OF INCIDENTS REQUIRED.
Subdivision 1.
Report to commissioner.
A responsible party or an owner of real property must, on discovering an incident has occurred, immediately report the incident to the commissioner. The responsible party must immediately take all reasonable action necessary to minimize or abate the incident and to recover any agricultural chemicals involved in the incident with or without a directive from the commissioner.
Subd. 2.
Written report.
The responsible party must submit a written report of the incident to the commissioner in the form and by the time prescribed by the commissioner.
Subd. 3.
Exception.
A responsible party or an owner of real property who is a licensed or certified private or commercial pesticide applicator is not required to report an incident to the commissioner under this section if the amount of pesticide involved in the release plus any other releases which have occurred at the site during the preceding year is less than the maximum amount of the pesticide that, consistent with its label, can be applied to one acre of agricultural crop land unless the release occurred into or near public water or groundwater.
History:
1989 c 326 art 7 s 3; 1990 c 597 s 7; 1993 c 367 s 17
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.105 — Corrective Action Orders.

18D.105 CORRECTIVE ACTION ORDERS.
Subdivision 1.
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.
Subd. 2.
Commissioner's corrective actions.
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.
Subd. 3.
Emergency corrective action.
(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.
Subd. 3a.
Passive bioremediation.
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.
Subd. 4.
Agriculture is lead agency.
The Department of Agriculture is the lead state agency in taking corrective action for incidents.
History:
1989 c 326 art 7 s 4; 1993 c 367 s 18; 1995 c 95 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.1051 — Response To Agricultural Chemical Incidents.

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.
History:
1990 c 597 s 72
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.1052 — Land Application Of Agricultural Chemical Contaminated Soil And Other Media.

18D.1052 LAND APPLICATION OF AGRICULTURAL CHEMICAL CONTAMINATED SOIL AND OTHER MEDIA.
Subdivision 1.
Application of contaminated 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.
Subd. 2.
Exceptions.
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.
History:
1995 c 95 s 6
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.111 — Liability For Costs.

18D.111 LIABILITY FOR COSTS.
Subdivision 1.
Corrective action 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.
Subd. 2.
Owner of real property.
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.
Subd. 3.
Liability for employees.
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.
Subd. 4.
Avoidance of liability.
(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.
Subd. 5.
Defense.
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.
History:
1989 c 326 art 7 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.115 — Apportionment Of Liability And Contribution.

18D.115 APPORTIONMENT OF LIABILITY AND CONTRIBUTION.
Subdivision 1.
Right of apportionment.
(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.
Subd. 2.
Contribution.
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.
History:
1989 c 326 art 7 s 6
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.301 — Enforcement.

18D.301 ENFORCEMENT.
Subdivision 1.
Enforcement required.
(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 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.
Subd. 2.
Commissioner's discretion.
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.
Subd. 3.
Civil actions.
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.
Subd. 4.
Injunction.
The commissioner may apply to a court with jurisdiction for a temporary or permanent injunction to prevent, restrain, or enjoin violations of this chapter.
Subd. 5.
Criminal actions.
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.
Subd. 6.
Agent for service of process.
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.
History:
1989 c 326 art 7 s 8; 1991 c 250 s 21,22
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.302 — False Statement Or Record.

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.
History:
2002 c 373 s 9