18B.01 DEFINITIONS. Subdivision 1. Applicability. The definitions in this section apply to this chapter. Subd. 1a. Agricultural pesticide. “Agricultural pesticide” means a pesticide that bears labeling that meets federal worker protection agricultural use requirements established in Code of Federal Regulations, title 40, parts 156 and 170. Subd. 1b. Agricultural pesticide dealer. “Agricultural pesticide dealer” means […]
18B.02 PREEMPTION OF LOCAL LAW. Except as specifically provided in this chapter, the provisions of this chapter preempt ordinances by local governments that prohibit or regulate any matter relating to the registration, labeling, distribution, sale, handling, use, application, or disposal of pesticides. It is not the intent of this section to preempt local responsibilities for […]
18B.03 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 pesticides. The commissioner has the sole regulatory authority over the terrestrial application of pesticides, including, but not limited to, the application […]
18B.04 PESTICIDE IMPACT ON ENVIRONMENT. (a) The commissioner shall: (1) determine the impact of pesticides on the environment, including the impacts on surface water and groundwater in this state; (2) develop best management practices involving pesticide distribution, storage, handling, use, and disposal; and (3) cooperate with and assist other state agencies and local governments to […]
18B.045 PESTICIDE MANAGEMENT PLAN. Subdivision 1. Development. The commissioner shall develop a pesticide management plan for the prevention, evaluation, and mitigation of occurrences of pesticides or pesticide breakdown products in groundwaters and surface waters of the state. The pesticide management plan must include components promoting prevention, developing appropriate responses to the detection of pesticides or […]
18B.05 PESTICIDE REGULATORY ACCOUNT. Subdivision 1. Establishment. A pesticide regulatory account is established in the agricultural fund. Fees, assessments, and penalties collected under this chapter must be deposited in the agricultural fund and credited to the pesticide regulatory account. Money in the account, including interest, is appropriated to the commissioner for the administration and enforcement […]
18B.051 POLLINATOR RESEARCH ACCOUNT. Subdivision 1. Account established. A pollinator research account is established in the agricultural fund. Money in the account, including interest, is appropriated to the Board of Regents of the University of Minnesota for pollinator research and outreach including, but not limited to, science-based best practices and the identification and establishment of […]
18B.055 COMPENSATION FOR BEES KILLED BY PESTICIDE; APPROPRIATION. Subdivision 1. Compensation required. (a) The commissioner must compensate a person for an acute pesticide poisoning resulting in the death of bees or loss of bee colonies owned by the person, provided: (1) the person who applied the pesticide cannot be determined; (2) the person who applied […]
18B.06 RULES. Subdivision 1. Authority. The commissioner shall adopt rules to implement and enforce this chapter including procedures addressing local control of pesticide regulation. Rules adopted under this chapter are part of this chapter and a violation of the rules is a violation of a provision of this chapter. Subd. 2. Conformity with FIFRA. Rules […]
18B.063 STATE USES OF PESTICIDES AND NUTRIENTS. The state shall use integrated pest management techniques in its management of public lands, including roadside rights-of-way, parks, and forests; and shall use planting regimes that minimize the need for pesticides and added nutrients. History: 1989 c 326 art 5 s 18
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
18B.065 WASTE PESTICIDE COLLECTION PROGRAM. Subdivision 1. Collection and disposal. The commissioner of agriculture shall establish and operate a program to collect and dispose of waste pesticides. The program must be made available to agricultural and nonagricultural pesticide end users whose waste generating activity occurs in this state. Waste pesticide generated in another state is […]
18B.07 PESTICIDE USE, APPLICATION, AND EQUIPMENT CLEANING. Subdivision 1. Pesticide use. Pesticides must be applied in accordance with the product label or labeling and in a manner that will not cause unreasonable adverse effects on the environment within limits prescribed by this chapter and FIFRA. Subd. 2. Prohibited pesticide use. (a) A person may not […]
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 […]
18B.09 PESTICIDE APPLICATION IN CITIES. Subdivision 1. Applicability. This section applies only to statutory and home rule charter cities that enact ordinances as provided in this section. Subd. 2. Authority. Statutory and home rule charter cities may enact an ordinance containing the pesticide application warning information contained in subdivision 3, including their own licensing, penalty, […]
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 […]
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 […]
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
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
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 […]
