Minnesota 2025-2026 Regular Session

Minnesota House Bill HF2761 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to agriculture; adding pesticides from treated seeds to the commissioner's
3	3	1.3 pesticide management plan requirements; broadening pesticide management plan
4	4	1.4 coordination to include local governments and public health agencies; adding
5	5	1.5 pesticides from treated seeds and pesticide breakdown products to groundwater
6	6	1.6 monitoring requirements; requiring action to prevent and monitor pesticide
7	7	1.7 contamination of surface water and air quality; requiring labeling statements for
8	8	1.8 certain pesticide-treated seed; establishing new program for systemic
9	9	1.9 pesticide-treated seed; appropriating money; amending Minnesota Statutes 2024,
10	10	1.10 sections 18B.045; 18B.10; 18D.40; 21.81, by adding a subdivision; 21.82,
11	11	1.11 subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 18B;
12	12	1.12 21.
13	13	1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
14	14	1.14 Section 1. Minnesota Statutes 2024, section 18B.045, is amended to read:
15	15	1.15 18B.045 PESTICIDE MANAGEMENT PLAN.
16	16	1.16 Subdivision 1.Development.The commissioner shall develop a pesticide management
17	17	1.17plan for the prevention, evaluation, and mitigation of occurrences of pesticides, pesticides
18	18	1.18from treated seed, or pesticide breakdown products in groundwaters and surface waters of
19	19	1.19the state. The pesticide management plan must include components promoting prevention,
20	20	1.20developing appropriate responses to the detection of pesticides, pesticides from treated seed,
21	21	1.21or pesticide breakdown products in groundwater and surface waters, and providing responses
22	22	1.22to reduce or eliminate continued pesticide movement to groundwater and surface water. By
23	23	1.23September 1 of each even-numbered year, the commissioner must submit a status report on
24	24	1.24the plan to the Environmental Quality Board for review and then to the house of
25	25	1.25representatives and senate committees with jurisdiction over the environment, natural
26	26	1.26resources, and agriculture.
27	27	1Section 1.
28	28	REVISOR BD/ES 25-0439403/03/25
29	29	State of Minnesota
30	30	This Document can be made available
31	31	in alternative formats upon request
32	32	HOUSE OF REPRESENTATIVES
33	33	H. F. No. 2761
34	34	NINETY-FOURTH SESSION
35	35	Authored by Hansen, R.; Cha; Smith; Pursell; Jordan and others03/24/2025
36	36	The bill was read for the first time and referred to the Committee on Agriculture Finance and Policy 2.1 Subd. 2.Coordination.The pesticide management plan shall be coordinated and
37	37	2.2developed with other state agency plans and with other state agencies and local units of
38	38	2.3government through the Environmental Quality Board. In addition, public health agencies,
39	39	2.4the University of Minnesota Extension Service, farm organizations, farmers, environmental
40	40	2.5organizations, and industry shall be involved in the pesticide management plan development.
41	41	2.6 Sec. 2. Minnesota Statutes 2024, section 18B.10, is amended to read:
42	42	2.7 18B.10 ACTION TO PREVENT GROUNDWATER CONTAMINATION.
43	43	2.8 (a) The commissioner may, by rule, special order, or delegation through written regulatory
44	44	2.9agreement with officials of other approved agencies, take action necessary to prevent the
45	45	2.10contamination of groundwater resulting from leaching of pesticides through the soil, from
46	46	2.11the backsiphoning or backflowing of pesticides through water wells, or from the direct
47	47	2.12flowage of pesticides to groundwater.
48	48	2.13 (b) With owner consent, the commissioner may use sample private water wells throughout
49	49	2.14the state to monitor for the presence of agricultural pesticides, pesticides from treated seed,
50	50	2.15pesticide breakdown products, and other industrial chemicals in groundwater. The specific
51	51	2.16locations and land owners shall not be identifiable. The owner or user of a private water
52	52	2.17well sampled by the commissioner must be given access to test results.
53	53	2.18 Sec. 3. [18B.102] ACTION TO PREVENT SURFACE WATER CONTAMINATION.
54	54	2.19 (a) The commissioner may by rule, special order, or delegation through written regulatory
55	55	2.20agreement with officials of other approved agencies, take action necessary to prevent the
56	56	2.21contamination of surface water resulting from pesticides, pesticides from treated seed, or
57	57	2.22pesticide breakdown products from soil erosion, improper disposal or use, or direct flowage.
58	58	2.23 (b) The commissioner may sample public waters to monitor for the presence of pesticides,
59	59	2.24pesticides from treated seed, pesticide-treated products, pesticide breakdown products, and
60	60	2.25other chemicals in surface waters.
61	61	2.26 Sec. 4. [18B.105] ACTION TO PREVENT AIR QUALITY CONTAMINATION.
62	62	2.27 (a) The commissioner may by rule, special order, or delegation through written regulatory
63	63	2.28agreement with officials of other approved agencies, take action necessary to prevent the
64	64	2.29contamination of air by pesticides, pesticides from treated seed, or pesticide breakdown
65	65	2.30products from drift, evaporation, volatilization, wind erosion, or any other source.
66	66	2Sec. 4.
67	67	REVISOR BD/ES 25-0439403/03/25 3.1 (b) The commissioner may sample ambient air to monitor for the presence of pesticides,
68	68	3.2pesticides from treated seed, and pesticide-treated products.
69	69	3.3 Sec. 5. Minnesota Statutes 2024, section 18D.40, is amended to read:
70	70	3.4 18D.40 ENHANCED PENALTIES; OUTDOOR RECREATION LANDS.
71	71	3.5 Notwithstanding limitations placed on administrative or civil penalty amounts under
72	72	3.6sections 18D.315 and 18D.325, a person who applies a pesticide or plants seed treated with
73	73	3.7pesticide resulting in damage to adjacent property that is part of the state outdoor recreation
74	74	3.8system may be subject to a monetary penalty equal to twice the amount that the commissioner
75	75	3.9would otherwise assess for a comparable violation.
76	76	3.10 Sec. 6. Minnesota Statutes 2024, section 21.81, is amended by adding a subdivision to
77	77	3.11read:
78	78	3.12 Subd. 35.Systemic pesticide."Systemic pesticide" means a pesticide designed to be
79	79	3.13absorbed by plants and translocated throughout plant tissue. Systemic pesticides include:
80	80	3.14 (1) acetamiprid, dinotefuran, clothianidin, thiamethoxam, imidacloprid, nitenpyram,
81	81	3.15thiacloprid, fipronil, flupyradifurone, sulfoxaflor, cyantraniliprole, or chlorantraniliprole;
82	82	3.16and
83	83	3.17 (2) any other pesticide determined by the commissioner to be a systemic pesticide,
84	84	3.18pursuant to section 21.917.
85	85	3.19 Sec. 7. Minnesota Statutes 2024, section 21.82, subdivision 3, is amended to read:
86	86	3.20 Subd. 3.Treated seed.For all named agricultural, vegetable, flower, or wildflower
87	87	3.21seeds which are treated, for which a separate label may be used, the label must contain:
88	88	3.22 (1) a word or statement to indicate that the seed has been treated;
89	89	3.23 (2) the commonly accepted, coined, chemical, or abbreviated generic chemical name of
90	90	3.24the applied substance;
91	91	3.25 (3) the caution statement "Do not use for food, feed, or oil purposes" if the substance in
92	92	3.26the amount present with the seed is harmful to human or other vertebrate animals;
93	93	3.27 (4) in the case of mercurials or similarly toxic substances, a poison statement and symbol;
94	94	3.28 (5) a word or statement describing the process used when the treatment is not of pesticide
95	95	3.29origin; and
96	96	3Sec. 7.
97	97	REVISOR BD/ES 25-0439403/03/25 4.1 (6) the date beyond which the inoculant is considered ineffective if the seed is treated
98	98	4.2with an inoculant. It must be listed on the label as "inoculant: expires (month and year)" or
99	99	4.3wording that conveys the same meaning.; and
100	100	4.4 (7) the caution statement for any corn or soybean seed treated with a neonicotinoid
101	101	4.5pesticide, framed in a box and including a bee icon developed by the commissioner that
102	102	4.6states: "Planting seed treated with a neonicotinoid pesticide may negatively impact pollinator
103	103	4.7health. Please use care when handling and planting this seed."
104	104	4.8 Sec. 8. [21.917] SYSTEMIC PESTICIDE-TREATED SEED PROGRAM.
105	105	4.9 By January 1, 2027, the commissioner must develop a program for the regulation of
106	106	4.10systemic pesticide-treated seed and:
107	107	4.11 (1) account for the total quantity of systemic pesticide-treated seed purchased and used
108	108	4.12in the state, and the total acreage and location where systemic pesticide-treated seed is
109	109	4.13applied each year;
110	110	4.14 (2) ensure that all treated seed used in the state is subject to any regulatory restrictions
111	111	4.15necessary to protect human health and the environment, including but not limited to
112	112	4.16pollinating insects, birds, and aquatic ecosystems, from exposure to systemic insecticides;
113	113	4.17 (3) require formal verification of need prior to the use of systemic pesticide-treated seed
114	114	4.18except where systemic pesticide-treated seed is the only commercially available option. At
115	115	4.19a minimum, the commissioner must require written certification from a trained and approved
116	116	4.20individual for each use of systemic pesticide-treated field crop seed, verifying that, for the
117	117	4.21time and location, the use would be effective in addressing a demonstrable pest problem;
118	118	4.22 (4) study the use, efficacy, and environmental and health impacts of systemic
119	119	4.23pesticide-treated seed in the state;
120	120	4.24 (5) develop and disseminate educational materials and best management practices for
121	121	4.25the use of systemic pesticide-treated seed;
122	122	4.26 (6) collaborate with the University of Minnesota in developing and implementing the
123	123	4.27systemic pesticide-treated seed program. This collaboration may include the evaluation of
124	124	4.28national and international research on treated seed for its applicability to Minnesota-specific
125	125	4.29conditions to ensure a sound understanding of efficacy of seed treatment rates, scouting
126	126	4.30techniques, pest pressures, economic thresholds, and planting-technology differences; and
127	127	4.31 (7) designate any pesticide, including but not limited to any chemical belonging to the
128	128	4.32neonicotinoid or anthranilcil diamide class, to be a systemic pesticide. The commissioner
129	129	4Sec. 8.
130	130	REVISOR BD/ES 25-0439403/03/25 5.1must maintain a list of pesticides designated to be a systemic pesticide on the agency's public
131	131	5.2website.
132	132	5.3 Sec. 9. [21.93] SYSTEMIC PESTICIDE-TREATED SEED ALTERNATIVES
133	133	5.4ACCOUNT.
134	134	5.5 The systemic pesticide-treated seed alternatives account is established in the agricultural
135	135	5.6fund. Money in the account, including interest, is appropriated to the University of Minnesota
136	136	5.7for research and outreach regarding nonchemical pest prevention methods that may serve
137	137	5.8as an alternative to the use of systemic pesticide-treated seed. This money may be used to
138	138	5.9award competitive grants.
139	139	5.10 Sec. 10. APPROPRIATION; SYSTEMIC PESTICIDE-TREATED SEED
140	140	5.11PROGRAM.
141	141	5.12 $....... in fiscal year 2026 is appropriated from the pesticide regulatory account in the
142	142	5.13agricultural fund to the commissioner of agriculture to implement the systemic
143	143	5.14pesticide-treated seed program. This is a onetime appropriation.
144	144	5.15 Sec. 11. APPROPRIATION; SYSTEMIC PESTICIDE-TREATED SEED
145	145	5.16ALTERNATIVES ACCOUNT.
146	146	5.17 $....... in fiscal year 2026 is appropriated from the pesticide regulatory account in the
147	147	5.18agricultural fund to the systemic pesticide-treated seed alternatives account. This is a onetime
148	148	5.19appropriation.
149	149	5Sec. 11.
150	150	REVISOR BD/ES 25-0439403/03/25