reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.064 — Pesticide Use Information.

18B.064 PESTICIDE USE INFORMATION.
The commissioner shall monitor urban and rural pesticide use on a biennial basis. Information shall be collected and automated consistent with section 103B.151, subdivision 1.
History:
1989 c 326 art 5 s 19; 1990 c 391 art 10 s 3
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.075 — Pesticide-treated Seed.

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.
History:
2023 c 60 art 9 s 2
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.08 — Chemigation.

18B.08 CHEMIGATION.
Subdivision 1.
Permit required.
(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.
Subd. 2.
Pesticide.
A pesticide used under a chemigation permit must be suitable and labeled for application through an irrigation system.
Subd. 3.
Equipment.
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.
Subd. 4.
Application fee.
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.
Subd. 5.
[Repealed, 1996 c 310 s 1]
History:
1987 c 358 s 50; 1989 c 326 art 5 s 25-27; 1Sp2005 c 1 art 1 s 16
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.091 — Pesticides On Medical Cannabis.

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.
History:
2023 c 43 art 2 s 27
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.095 — Pesticide Application In Schools.

18B.095 PESTICIDE APPLICATION IN SCHOOLS.
Subdivision 1.
Authorized applicators.
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.
Subd. 2.
Exemption.
Pesticides determined by the commissioner to be sanitizers or disinfectants are exempt from subdivision 1.
Subd. 3.
Registry and information.
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.
History:
1Sp2001 c 2 s 36; 2003 c 130 s 12
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.10 — Action To Prevent Groundwater Contamination.

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.
History:
1987 c 358 s 52; 2003 c 128 art 3 s 25
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.11 — Sale Or Use Of Tcdd.

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).
History:
1987 c 358 s 53
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.115 — Sale Or Use Of Chlordane Or Heptachlor.

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.
History:
1989 c 326 art 5 s 28
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.12 — Sale And Distribution Of Adulterated Pesticides.

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.
History:
1987 c 358 s 54
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.13 — Sale And Distribution Of Misbranded Pesticides And Devices.

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.
History:
1987 c 358 s 55
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.135 — Sale Of Pesticides In Returnable Containers And Management Of Unused Portions.

18B.135 SALE OF PESTICIDES IN RETURNABLE CONTAINERS AND MANAGEMENT OF UNUSED PORTIONS.
Subdivision 1.
Acceptance of pesticide containers.
(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.
Subd. 2.
Rules.
The commissioner may adopt rules to implement this section, including procedures and standards prescribing the exemption of certain pesticide products and pesticide containers.
History:
1989 c 326 art 5 s 29; 1993 c 367 s 4; 1994 c 557 s 9
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.14 — Pesticide Storage.

18B.14 PESTICIDE STORAGE.
Subdivision 1.
Display and 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.
Subd. 2.
Bulk pesticide storage.
(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.
History:
1987 c 358 s 56; 1990 c 597 s 1; 1993 c 367 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.17 — Cooperative Inspection And Enforcement Agreements.

18B.17 COOPERATIVE INSPECTION AND ENFORCEMENT AGREEMENTS.
Subdivision 1.
Cooperative 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.
Subd. 2.
Training agreements.
For purposes of training only, the commissioner may enter into agreements with qualified public or private organizations that wish to offer training programs.
History:
1987 c 358 s 59
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.24 — Unsatisfied Judgments.

18B.24 UNSATISFIED JUDGMENTS.
(a) An applicant for a commercial, noncommercial, or structural pest control license and a commercial, noncommercial, or structural pest control applicator may not allow a final judgment against the applicant or applicator for damages arising from a violation of a provision of this chapter to remain unsatisfied for a period of more than 30 days.
(b) Failure to satisfy within 30 days a final judgment resulting from these pest control activities will result in automatic suspension of the applicator license.
History:
1987 c 358 s 66
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.27 — Pesticide Registration For Special Local Needs.

18B.27 PESTICIDE REGISTRATION FOR SPECIAL LOCAL NEEDS.
Subdivision 1.
Application.
(a) A person must file an application for a special local need application with the commissioner. The application must meet the requirements of section 18B.26, subdivision 2, and the commissioner may require other relevant information.
(b) The commissioner may require a full description of tests and test results upon which claims are based for:
(1) a pesticide use that is not registered under section 18B.26 or FIFRA; or
(2) a pesticide on which restrictions are being considered.
(c) The applicant may request in writing privacy of information submitted as provided in section 18B.38.
Subd. 2.
Application review.
(a) After reviewing the application accompanied by the application fee, the commissioner shall, subject to the terms and conditions of the authorization by the administrator of the United States Environmental Protection Agency to register pesticides to meet special local needs, register pesticides if the commissioner determines that:
(1) the pesticide's composition warrants the proposed claims for the pesticide;
(2) the pesticide's label and other material required to be submitted comply with this chapter;
(3) the pesticide will perform its intended function without unreasonable adverse effect on the environment;
(4) the pesticide will not generally cause unreasonable adverse effects on the environment when used in accordance with label directions; and
(5) a special local need for the pesticide exists.
(b) The commissioner may revoke or modify a special local need registration if the commissioner determines that the terms or conditions of the registration do not comply with paragraph (a).
Subd. 3.
Application fee.
An application fee for a special local need registration must be accompanied by a nonrefundable fee of $150.
History:
1987 c 358 s 69; 1990 c 597 s 3
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.29 — Reciprocal Licensing And Certification Agreements.

18B.29 RECIPROCAL LICENSING AND CERTIFICATION AGREEMENTS.
The commissioner may waive all or part of the examination requirements provided for in sections 18B.29 to 18B.35 on a reciprocal basis with any other jurisdiction which has substantially the same requirements. Licenses or certificates issued under sections 18B.29 to 18B.35 may be suspended or revoked upon suspension or revocation of the license or certificate of another jurisdiction supporting the issuance of a Minnesota license or certificate and in the same manner as other licenses and certificates.
History:
1987 c 358 s 71
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.30 — Pesticide Use License Requirement; Internet Sales Prohibited; Restricted Use Pesticides.

18B.30 PESTICIDE USE LICENSE REQUIREMENT; INTERNET SALES PROHIBITED; RESTRICTED USE PESTICIDES.
(a) A person may not use a restricted use pesticide without a license or certification required under sections 18B.29 to 18B.35 and the use may only be done under conditions prescribed by the commissioner.
(b) A person shall not sell any pesticide labeled for restricted use over an Internet website to a Minnesota resident who is not a licensed or certified pesticide applicator. A person selling a pesticide labeled for restricted use over an Internet website to a Minnesota resident must verify that the purchaser is a licensed or certified pesticide applicator under sections 18B.29 to 18B.35.
History:
1987 c 358 s 72; 1997 c 131 s 2; 2015 c 44 s 6
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.305 — Pesticide Education And Training.

18B.305 PESTICIDE EDUCATION AND TRAINING.
Subdivision 1.
Education and training.
(a) The commissioner, as the lead agency, shall develop, implement or approve, and evaluate, in consultation with University of Minnesota Extension, the Minnesota State Colleges and Universities system, and other educational institutions, innovative educational and training programs addressing pesticide concerns including:
(1) water quality protection;
(2) endangered species protection;
(3) minimizing pesticide residues in food and water;
(4) worker protection and applicator safety;
(5) chronic toxicity;
(6) integrated pest management and pest resistance;
(7) pesticide disposal;
(8) pesticide drift;
(9) relevant laws including pesticide labels and labeling and state and federal rules and regulations;
(10) current science and technology updates; and
(11) thresholds and guidance to reduce the impacts of insecticide on pollinators.
(b) The commissioner shall appoint educational planning committees which must include representatives of industry and applicators.
(c) Specific current regulatory concerns must be discussed and, if appropriate, incorporated into each training session. Relevant changes to pesticide product labels or labeling or state and federal rules and regulations may be included.
(d) The commissioner may approve programs from private industry, higher education institutions, and nonprofit organizations that meet minimum requirements for education, training, and certification.
Subd. 2.
Training manual and examination development.
The commissioner, in consultation with University of Minnesota Extension and other higher education institutions, shall continually revise and update pesticide applicator training manuals and examinations. The manuals and examinations must be written to meet or exceed the minimum standards required by the United States Environmental Protection Agency and pertinent state specific information. Questions in the examinations must be determined by the commissioner in consultation with other responsible agencies. Manuals and examinations must include pesticide management practices that discuss prevention of pesticide occurrence in groundwater and surface water of the state, and economic thresholds and guidance for insecticide use.
Subd. 3.
[Repealed, 2007 c 133 art 2 s 13]
History:
1989 c 326 art 5 s 34; 1997 c 192 s 13; 2001 c 161 s 8; 2013 c 114 art 2 s 33; 2017 c 88 art 2 s 16
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.345 — Pesticide Application On Golf Courses.

18B.345 PESTICIDE APPLICATION ON GOLF COURSES.
(a) Application of a pesticide to the property of a golf course must be performed by:
(1) a structural pest control applicator; or
(2) a commercial or noncommercial pesticide applicator.
(b) Pesticides determined by the commissioner to be sanitizers and disinfectants are exempt from the requirements in paragraph (a).
History:
1Sp2001 c 2 s 37; 2007 c 45 art 1 s 27; 2016 c 184 s 3
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.346 — Pesticide Application On Railroad Property.

18B.346 PESTICIDE APPLICATION ON RAILROAD PROPERTY.
Subdivision 1.
Applicability.
This section applies only to common carrier railroads.
Subd. 2.
Safety information.
(a) In coordination with common carrier railroad companies operating in this state, the commissioner shall provide annual pesticide safety outreach opportunities for railroad employees.
(b) A common carrier railroad that operates in this state must provide annual employee pesticide safety training opportunities.
Subd. 3.
Pesticide applications.
(a) A person may not directly apply a restricted use pesticide to occupied or unoccupied locomotives, track repair equipment, or on-track housing units unless the pesticide is specifically labeled for that use.
(b) Employees of common carrier railroads must not be required to work in affected areas in a manner that is inconsistent with the pesticide label.
Subd. 4.
Misuse reporting.
A common carrier railroad or a commercial applicator hired by the common carrier railroad to apply pesticide must report to the commissioner within four hours, or as soon as practicable, any pesticide misuse known to the railroad company or commercial applicator that occurred on railroad property or to other property under the control of the railroad company. For the purposes of this section, "misuse" means a pesticide application that violates subdivision 3 or any provision in section 18B.07.
History:
2009 c 94 art 1 s 60
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.35 — Application Categories Within Applicator Licenses.

18B.35 APPLICATION CATEGORIES WITHIN APPLICATOR LICENSES.
Subdivision 1.
Establishment.
(a) The commissioner may establish categories of structural pest control, commercial applicator, and noncommercial applicator licenses for administering and enforcing this chapter. The categories may include pest control operators and ornamental, agricultural, aquatic, forest, and right-of-way pesticide applicators. Separate subclassifications of categories may be specified as to ground, aerial, or manual methods to apply pesticides or to the use of pesticides to control insects, plant diseases, rodents, or weeds.
(b) Each category is subject to separate testing procedures and requirements.
Subd. 2.
No additional fee.
A person may not be required to pay an additional fee for a category or subclassification of a category of a license.
History:
1987 c 358 s 77
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.36 — Private Applicator Certification.

18B.36 PRIVATE APPLICATOR CERTIFICATION.
Subdivision 1.
Requirement.
(a) Except for a licensed commercial or noncommercial applicator, only a certified private applicator may use a restricted use pesticide to produce an agricultural commodity:
(1) as a traditional exchange of services without financial compensation;
(2) on a site owned, rented, or managed by the person or the person's employees; or
(3) when the private applicator is one of two or fewer employees and the owner or operator is a certified private applicator or is licensed as a noncommercial applicator.
(b) A person may not purchase a restricted use pesticide without presenting a license card, certified private applicator card, or the card number.
(c) A person certified under this section is considered qualified and is not required to verify, document, or otherwise prove a particular need prior to use, except as required by the federal label.
Subd. 2.
Certification.
(a) The commissioner shall prescribe certification requirements and provide training that meets or exceeds United States Environmental Protection Agency standards to certify private applicators and provide information relating to changing technology to help ensure a continuing level of competency and ability to use pesticides properly and safely. The training may be done through cooperation with other government agencies and must be a minimum of three hours in duration.
(b) A person must apply to the commissioner for certification as a private applicator. After completing the certification requirements, which must include an examination as determined by the commissioner, an applicant must be certified as a private applicator to use restricted use pesticides. The certification shall expire March 1 of the third calendar year after the initial year of certification.
(c) The commissioner shall issue a private applicator card to a private applicator.
Subd. 3.
Fees.
(a) A person applying to be certified as a private applicator must pay a nonrefundable $10 application fee for the certification period.
(b) A $5 fee must be paid for the issuance of a duplicate private applicator card.
History:
1987 c 358 s 78; 1989 c 326 art 5 s 45,46; 1993 c 367 s 9; 1995 c 95 s 3; 1997 c 131 s 3; 2001 c 7 s 12; 2002 c 373 s 8; 2010 c 333 art 1 s 8; 2017 c 88 art 2 s 19
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.38 — Protection Of Trade Secrets.

18B.38 PROTECTION OF TRADE SECRETS.
Subdivision 1.
Requirements.
In submitting data required by this chapter, the applicant may:
(1) clearly mark any portions that in the applicant's opinion are trade secrets, commercial, or financial information; and
(2) submit the marked material separately from other material.
Subd. 2.
Information revealed.
After consideration of the applicant's request submitted under subdivision 1, the commissioner shall not make any information public that in the commissioner's judgment contains or relates to trade secrets or to commercial or financial information obtained from an applicant. When necessary, information relating to formulas of products may be revealed to any state or federal agency consulted with similar protection of trade secret authority and may be revealed at a public hearing or in findings of facts issued by the commissioner.
Subd. 3.
Notification.
If the commissioner proposes to release information that the applicant or registrant believes to be protected from disclosure under subdivision 2, the commissioner shall notify the applicant or registrant by certified mail. The commissioner shall not make the information available for inspection until 30 days after receipt of the notice by the applicant or registrant. During this period the applicant or registrant may institute an action in an appropriate court for a declaratory judgment as to whether the information is subject to protection under this section.
History:
1987 c 358 s 80
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.39 — Existing Rules.

18B.39 EXISTING RULES.
Rules of the commissioner of agriculture in effect on July 1, 1987, relating to the distribution, use, storage, handling, and disposal of pesticides, rinsates, and pesticide containers remain in effect until they are superseded by new rules.
History:
1987 c 358 s 81; 1996 c 305 art 2 s 2
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.110 — Preemption Of Local Law.

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.
History:
2002 c 345 s 2; 2002 c 400 s 2
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.111 — Powers And Duties Of Commissioner.

18C.111 POWERS AND DUTIES OF COMMISSIONER.
Subdivision 1.
Administration by 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.
Subd. 2.
Delegation of duties.
The commissioner may delegate duties under this chapter to designated employees or agents of the Department of Agriculture.
Subd. 3.
Delegation and data sharing to approved agencies.
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.
Subd. 4.
Certification of regulatory compliance.
(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.
Subd. 5.
Perfluoroalkyl and polyfluoroalkyl substances.
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.
History:
1989 c 326 art 6 s 4; 2011 c 14 s 9; 2013 c 114 art 2 s 40; 2023 c 43 art 2 s 36,37
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.115 — Adoption Of National Standards.

18C.115 ADOPTION OF NATIONAL STANDARDS.
Subdivision 1.
Policy of uniformity.
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.
Subd. 2.
Adoption of national standards.
Applicable national standards contained in the 1996 official publication, number 49, 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.
History:
1989 c 326 art 6 s 5; 1993 c 367 s 13; 1996 c 330 s 15
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.121 — Rules.

18C.121 RULES.
Subdivision 1.
Administration.
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.
Subd. 2.
Liming materials.
The commissioner may adopt rules governing the labeling, registration, and distribution of liming materials sold for agricultural purposes.
Subd. 3.
Certification of laboratories.
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.
Subd. 4.
Hearings.
Hearings authorized or required by law must be conducted by the commissioner or an officer, agent, or employee the commissioner designates.
History:
1989 c 326 art 6 s 6; 1997 c 7 art 5 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.131 — Fertilizer Inspection Account.

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.
History:
1989 c 326 art 6 s 7; 1993 c 172 s 24; 1999 c 231 s 40
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.135 — Application Of Requirements To Sewage Sludge And Compost.

18C.135 APPLICATION OF REQUIREMENTS TO SEWAGE SLUDGE AND COMPOST.
Subdivision 1.
Sewage sludge without charge exempt.
Sewage sludge that is transferred between parties without compensation is exempt from the requirements of this chapter except the labeling requirements of this chapter.
Subd. 2.
Sewage sludge analysis meets labeling requirements.
A copy of the sewage sludge analysis required by the rules of the Pollution Control Agency is sufficient to meet the labeling requirements.
Subd. 3.
Compost without charge exempt.
Compost that is transferred between parties without compensation is exempt from all requirements of this chapter.
History:
1989 c 326 art 6 s 8
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.201 — Prohibited Fertilizer Activities.

18C.201 PROHIBITED FERTILIZER ACTIVITIES.
Subdivision 1.
Storage, handling, distribution, or disposal.
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.
Subd. 2.
Use of public water supplies for filling equipment.
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.
Subd. 3.
Use of public waters for filling equipment.
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.
Subd. 4.
Cleaning equipment in or near surface water.
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.
Subd. 5.
Fertilizer, rinsate, and container disposal.
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.
Subd. 6.
[Repealed, 2005 c 136 art 7 s 22]
Subd. 7.
[Repealed, 2005 c 136 art 7 s 22]
History:
1989 c 326 art 6 s 10; 1990 c 391 art 10 s 3; 2000 c 477 s 13,14; 2017 c 40 art 1 s 121
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.202 — Perfluoroalkyl And Polyfluoroalkyl Substances.

18C.202 PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
Subdivision 1.
Notification required.
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.
Subd. 2.
Notification requirement waivers; extensions.
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.
Subd. 3.
Prohibition.
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.
History:
2023 c 43 art 2 s 38
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.205 — Chemigation.

18C.205 CHEMIGATION.
Subdivision 1.
Authorization.
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.
Subd. 2.
Permit required.
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.
Subd. 3.
Application.
(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.
Subd. 4.
Permit requirements.
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.
Subd. 5.
Rules.
The commissioner shall adopt rules prescribing conditions and restrictions for applying fertilizers by irrigation.
History:
1989 c 326 art 6 s 11; 1990 c 597 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.211 — Guaranteed Analysis.

18C.211 GUARANTEED ANALYSIS.
Subdivision 1.
N, P, and K nutrient content stated.
(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:
"Total Nitrogen (N)
... percent
Available Phosphate (P
2
O
5
)
... percent
Soluble Potash (K
2
O)
... percent"
(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.
Subd. 2.
Guarantees of the nutrients.
(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.
Subd. 3.
[Repealed, 1993 c 367 s 41]
Subd. 4.
Guaranteed analysis of soil or plant amendment.
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.
History:
1989 c 326 art 6 s 12; 1993 c 367 s 14; 2002 c 345 s 3
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.221 — Fertilizer Plant Food Content.

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 phosphoric acid, 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.
History:
1989 c 326 art 6 s 14
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.225 — Misbranded Products.

18C.225 MISBRANDED PRODUCTS.
Subdivision 1.
Sale and distribution prohibited.
A person may not sell or distribute a misbranded fertilizer, soil amendment, or plant amendment.
Subd. 2.
Factors causing misbranding.
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.
History:
1989 c 326 art 6 s 15
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment › Section 18C.231 — Adulteration.

18C.231 ADULTERATION.
Subdivision 1.
Sale and distribution prohibited.
A person may not sell or distribute an adulterated fertilizer, soil amendment, or plant amendment product.
Subd. 2.
Factors causing adulteration.
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.
Subd. 3.
Certain adulterated products must be disposed.
Adulterated products that cannot be reconditioned must be disposed of according to methods approved by the commissioner.
History:
1989 c 326 art 6 s 16