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