Sale and distribution of certain seeds coated or treated with systemic insecticides without the approval of the commissioner of agriculture, and application or treatment of ornamental outdoor plants and turf with neonicotinoid insecticides prohibited.

A bill for an act

relating to agriculture; prohibiting the sale and distribution of certain seeds coated

or treated with systemic insecticides without the approval of the commissioner of

agriculture; prohibiting the application or treatment of ornamental outdoor plants

and turf with neonicotinoid insecticides; providing for civil penalties; authorizing

rulemaking; requiring reports; amending Minnesota Statutes 2024, sections 18B.01,

by adding subdivisions; 18B.07, by adding a subdivision; proposing coding for

new law in Minnesota Statutes, chapter 18B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 18B.01, is amended by adding a subdivision

to read:

new text begin

Subd. 12b.

new text end

new text begin

Insecticide.

new text end

new text begin

"Insecticide" means a pesticide or pesticide active ingredient

that is designed or intended to prevent, destroy, repel, or mitigate an insect pest.

new text end

Sec. 2.

Minnesota Statutes 2024, section 18B.01, is amended by adding a subdivision to

read:

new text begin

Subd. 14d.

new text end

new text begin

Neonicotinoid insecticide.

new text end

new text begin

"Neonicotinoid insecticide" means a pesticide

containing any active ingredient belonging to the neonicotinoid class, including but not

limited to imidacloprid, thiamethoxam, clothianidin, dinotefuran, acetamiprid, sulfoxaflor,

and flupyradifurone.

new text end

Sec. 3.

Minnesota Statutes 2024, section 18B.01, is amended by adding a subdivision to

read:

new text begin

Subd. 30b.

new text end

new text begin

Systemic insecticide.

new text end

new text begin

"Systemic insecticide" means an insecticide designed

to be absorbed by plants and translocated throughout plant tissue. Systemic insecticide

includes any insecticide that contains:

new text end

new text begin

(1) acetamiprid, dinotefuran, clothianidin, thiamethoxam, imidacloprid, nitenpyram,

thiacloprid, fipronil, flupyradifurone, sulfoxaflor, cyantraniliprole, or chlorantraniliprole;

and

new text end

new text begin

(2) any other pesticide determined by the commissioner to be a systemic insecticide.

new text end

Sec. 4.

Minnesota Statutes 2024, section 18B.07, is amended by adding a subdivision to

read:

new text begin

Subd. 1a.

new text end

new text begin

Neonicotinoid insecticide prohibited.

new text end

new text begin

(a) A person must not apply or treat

outdoor ornamental plants and turf with a neonicotinoid insecticide, as defined in section

18B.01, subdivision 14d, except when the commissioner determines that paragraph (b)

applies for a particular situation or use.

new text end

new text begin

(b) Paragraph (a) does not apply if the commissioner, by written order, determines that:

new text end

new text begin

(1) a valid environmental emergency exists;

new text end

new text begin

(2) the neonicotinoid pesticide would be effective in addressing the environmental

emergency; and

new text end

new text begin

(3) no less harmful pesticide or pest management practice would be effective in addressing

the environmental emergency.

new text end

new text begin

(c) An order must include the basis for the commissioner's determination and specify

the permitted pesticide, the approved time period, the geographic area where the

neonicotinoid insecticide may be applied, and the purpose of the permitted use of the

neonicotinoid insecticide.

new text end

new text begin

(d) An order issued pursuant to this section may also establish restrictions on the use of

such insecticide to minimize harm to pollinator populations, bird populations, ecosystem

health, and public health.

new text end

new text begin

(e) An order under this section must be valid for not more than one year.

new text end

new text begin

(f) This subdivision does not apply to pesticide applications by, or under the supervision

of, a certified applicator for treatment of woody plants against invasive species.

new text end

new text begin

(g) For the purposes of this subdivision, "environmental emergency" means an occurrence

of any domestic, foreign, or exotic pest that presents a significant risk of harm or injury to

the environment or health, or significant harm, injury, or loss to agricultural crops.

new text end

new text begin

(h) Applicators using a pesticide containing a neonicotinoid insecticide must take a

department-approved course annually and maintain a record of this course for three years.

new text end

Sec. 5.

new text begin

[18B.0751] SEEDS COATED OR TREATED WITH SYSTEMIC

INSECTICIDE.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Systemic insecticide prohibited.

new text end

new text begin

Beginning January 1, 2029, a person

must not sell or distribute in the state or into the state any barley, canola, corn, millet, oat,

rye, safflower, sorghum, soybean, sunflower, or wheat seeds coated or treated with a systemic

insecticide unless: (1) a seed purchaser has received a valid waiver issued by the

commissioner of agriculture pursuant to subdivision 2; and (2) the seed purchaser has

provided the person with the valid waiver.

new text end

new text begin

Subd. 2.

new text end

new text begin

Waiver.

new text end

new text begin

(a) The commissioner may issue a farm-specific waiver to a person

to allow an action otherwise prohibited by subdivision 1 if:

new text end

new text begin

(1) the person completes an integrated pest management training;

new text end

new text begin

(2) the person submits to the commissioner a pest risk assessment of the area proposed

for application and a report on the pest risk assessment. The pest risk assessment and the

report on the assessment must be completed by a trained and department-approved third

party and must demonstrate that the use of seeds described in subdivision 1 is necessary to

address a demonstrable pest issue;

new text end

new text begin

(3) the person will only plant seeds described in subdivision 1 in the specific geographic

area identified in the pest risk assessment report where the use of treated seeds is found

necessary to address a demonstrable pest issue; and

new text end

new text begin

(4) the farm owner will maintain current records containing the pest risk assessment

report and dates when seeds described in subdivision 1 are planted, which must be available

to the commissioner for review upon request.

new text end

new text begin

(b) A waiver under this subdivision must not be valid for more than one year.

new text end

new text begin

(c) A waiver under this subdivision may restrict the use, handling, and disposal of seeds

identified in subdivision 1 to minimize harm to pollinator populations, bird populations,

ecosystems, and public health.

new text end

new text begin

Subd. 3.

new text end

new text begin

Rulemaking.

new text end

new text begin

The commissioner must adopt rules to implement this section

before granting a waiver under subdivision 2. The commissioner's rulemaking authority

under this subdivision is not subject to the 18-month time limit under section 14.125.

new text end

new text begin

Subd. 4.

new text end

new text begin

Reports.

new text end

new text begin

The commissioner must annually report to the chairs and ranking

members of legislative committees with jurisdiction over agriculture and environmental

protection on the number of waivers granted under subdivision 2.

new text end

new text begin

Subd. 5.

new text end

new text begin

Record keeping and reporting.

new text end

new text begin

An agricultural pesticide dealer that sells or

distributes seed described in subdivision 1 must report annually to the commissioner the

quantity of the seed sold or distributed and the waivers authorizing all sales or distributions.

new text end

Sec. 6.

new text begin

[18B.0752] CIVIL PENALTIES.

new text end

new text begin

(a) A person who violates or fails to perform any duty imposed by section 18B.07 or

18B.0751, or any rule adopted to implement section 18B.07 or 18B.0751, is liable for a

civil penalty not to exceed $10,000 per violation or, for continuing violations, $7,500 for

each day during which the violation occurs.

new text end

new text begin

(b) Any person who knowingly purchases or obtains seed described in section 18B.0751,

subdivision 1, without obtaining the required waiver or otherwise in violation of that

subdivision is liable for a civil penalty not to exceed $10,000 per violation.

new text end

new text begin

(c) An action under this subdivision may be brought by the commissioner in district

court for the judicial district of the person who is alleged to be in violation of section 18B.07

or 18B.0751 or any rule adopted to implement section 18B.07 or 18B.0751. A district court

must grant a permanent injunction or other appropriate relief if the commissioner

demonstrates that the person has engaged in conduct constituting a violation of section

18B.07 or 18B.0751 or any rule adopted to implement section 18B.07 or 18B.0751.

new text end