Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3083 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	25-04394 as introduced03/03/25 REVISOR BD/ES
29	29	SENATE
30	30	STATE OF MINNESOTA
31	31	S.F. No. 3083NINETY-FOURTH SESSION
32	32	(SENATE AUTHORS: MCEWEN, Kunesh, Johnson Stewart and Marty)
33	33	OFFICIAL STATUSD-PGDATE
34	34	Introduction and first reading03/27/2025
35	35	Referred to Agriculture, Veterans, Broadband, and Rural Development 2.1 Subd. 2.Coordination.The pesticide management plan shall be coordinated and
36	36	2.2developed with other state agency plans and with other state agencies and local units of
37	37	2.3government through the Environmental Quality Board. In addition, public health agencies,
38	38	2.4the University of Minnesota Extension Service, farm organizations, farmers, environmental
39	39	2.5organizations, and industry shall be involved in the pesticide management plan development.
40	40	2.6 Sec. 2. Minnesota Statutes 2024, section 18B.10, is amended to read:
41	41	2.7 18B.10 ACTION TO PREVENT GROUNDWATER CONTAMINATION.
42	42	2.8 (a) The commissioner may, by rule, special order, or delegation through written regulatory
43	43	2.9agreement with officials of other approved agencies, take action necessary to prevent the
44	44	2.10contamination of groundwater resulting from leaching of pesticides through the soil, from
45	45	2.11the backsiphoning or backflowing of pesticides through water wells, or from the direct
46	46	2.12flowage of pesticides to groundwater.
47	47	2.13 (b) With owner consent, the commissioner may use sample private water wells throughout
48	48	2.14the state to monitor for the presence of agricultural pesticides, pesticides from treated seed,
49	49	2.15pesticide breakdown products, and other industrial chemicals in groundwater. The specific
50	50	2.16locations and land owners shall not be identifiable. The owner or user of a private water
51	51	2.17well sampled by the commissioner must be given access to test results.
52	52	2.18 Sec. 3. [18B.102] ACTION TO PREVENT SURFACE WATER CONTAMINATION.
53	53	2.19 (a) The commissioner may by rule, special order, or delegation through written regulatory
54	54	2.20agreement with officials of other approved agencies, take action necessary to prevent the
55	55	2.21contamination of surface water resulting from pesticides, pesticides from treated seed, or
56	56	2.22pesticide breakdown products from soil erosion, improper disposal or use, or direct flowage.
57	57	2.23 (b) The commissioner may sample public waters to monitor for the presence of pesticides,
58	58	2.24pesticides from treated seed, pesticide-treated products, pesticide breakdown products, and
59	59	2.25other chemicals in surface waters.
60	60	2.26 Sec. 4. [18B.105] ACTION TO PREVENT AIR QUALITY CONTAMINATION.
61	61	2.27 (a) The commissioner may by rule, special order, or delegation through written regulatory
62	62	2.28agreement with officials of other approved agencies, take action necessary to prevent the
63	63	2.29contamination of air by pesticides, pesticides from treated seed, or pesticide breakdown
64	64	2.30products from drift, evaporation, volatilization, wind erosion, or any other source.
65	65	2Sec. 4.
66	66	25-04394 as introduced03/03/25 REVISOR BD/ES 3.1 (b) The commissioner may sample ambient air to monitor for the presence of pesticides,
67	67	3.2pesticides from treated seed, and pesticide-treated products.
68	68	3.3 Sec. 5. Minnesota Statutes 2024, section 18D.40, is amended to read:
69	69	3.4 18D.40 ENHANCED PENALTIES; OUTDOOR RECREATION LANDS.
70	70	3.5 Notwithstanding limitations placed on administrative or civil penalty amounts under
71	71	3.6sections 18D.315 and 18D.325, a person who applies a pesticide or plants seed treated with
72	72	3.7pesticide resulting in damage to adjacent property that is part of the state outdoor recreation
73	73	3.8system may be subject to a monetary penalty equal to twice the amount that the commissioner
74	74	3.9would otherwise assess for a comparable violation.
75	75	3.10 Sec. 6. Minnesota Statutes 2024, section 21.81, is amended by adding a subdivision to
76	76	3.11read:
77	77	3.12 Subd. 35.Systemic pesticide."Systemic pesticide" means a pesticide designed to be
78	78	3.13absorbed by plants and translocated throughout plant tissue. Systemic pesticides include:
79	79	3.14 (1) acetamiprid, dinotefuran, clothianidin, thiamethoxam, imidacloprid, nitenpyram,
80	80	3.15thiacloprid, fipronil, flupyradifurone, sulfoxaflor, cyantraniliprole, or chlorantraniliprole;
81	81	3.16and
82	82	3.17 (2) any other pesticide determined by the commissioner to be a systemic pesticide,
83	83	3.18pursuant to section 21.917.
84	84	3.19 Sec. 7. Minnesota Statutes 2024, section 21.82, subdivision 3, is amended to read:
85	85	3.20 Subd. 3.Treated seed.For all named agricultural, vegetable, flower, or wildflower
86	86	3.21seeds which are treated, for which a separate label may be used, the label must contain:
87	87	3.22 (1) a word or statement to indicate that the seed has been treated;
88	88	3.23 (2) the commonly accepted, coined, chemical, or abbreviated generic chemical name of
89	89	3.24the applied substance;
90	90	3.25 (3) the caution statement "Do not use for food, feed, or oil purposes" if the substance in
91	91	3.26the amount present with the seed is harmful to human or other vertebrate animals;
92	92	3.27 (4) in the case of mercurials or similarly toxic substances, a poison statement and symbol;
93	93	3.28 (5) a word or statement describing the process used when the treatment is not of pesticide
94	94	3.29origin; and
95	95	3Sec. 7.
96	96	25-04394 as introduced03/03/25 REVISOR BD/ES 4.1 (6) the date beyond which the inoculant is considered ineffective if the seed is treated
97	97	4.2with an inoculant. It must be listed on the label as "inoculant: expires (month and year)" or
98	98	4.3wording that conveys the same meaning.; and
99	99	4.4 (7) the caution statement for any corn or soybean seed treated with a neonicotinoid
100	100	4.5pesticide, framed in a box and including a bee icon developed by the commissioner that
101	101	4.6states: "Planting seed treated with a neonicotinoid pesticide may negatively impact pollinator
102	102	4.7health. Please use care when handling and planting this seed."
103	103	4.8 Sec. 8. [21.917] SYSTEMIC PESTICIDE-TREATED SEED PROGRAM.
104	104	4.9 By January 1, 2027, the commissioner must develop a program for the regulation of
105	105	4.10systemic pesticide-treated seed and:
106	106	4.11 (1) account for the total quantity of systemic pesticide-treated seed purchased and used
107	107	4.12in the state, and the total acreage and location where systemic pesticide-treated seed is
108	108	4.13applied each year;
109	109	4.14 (2) ensure that all treated seed used in the state is subject to any regulatory restrictions
110	110	4.15necessary to protect human health and the environment, including but not limited to
111	111	4.16pollinating insects, birds, and aquatic ecosystems, from exposure to systemic insecticides;
112	112	4.17 (3) require formal verification of need prior to the use of systemic pesticide-treated seed
113	113	4.18except where systemic pesticide-treated seed is the only commercially available option. At
114	114	4.19a minimum, the commissioner must require written certification from a trained and approved
115	115	4.20individual for each use of systemic pesticide-treated field crop seed, verifying that, for the
116	116	4.21time and location, the use would be effective in addressing a demonstrable pest problem;
117	117	4.22 (4) study the use, efficacy, and environmental and health impacts of systemic
118	118	4.23pesticide-treated seed in the state;
119	119	4.24 (5) develop and disseminate educational materials and best management practices for
120	120	4.25the use of systemic pesticide-treated seed;
121	121	4.26 (6) collaborate with the University of Minnesota in developing and implementing the
122	122	4.27systemic pesticide-treated seed program. This collaboration may include the evaluation of
123	123	4.28national and international research on treated seed for its applicability to Minnesota-specific
124	124	4.29conditions to ensure a sound understanding of efficacy of seed treatment rates, scouting
125	125	4.30techniques, pest pressures, economic thresholds, and planting-technology differences; and
126	126	4.31 (7) designate any pesticide, including but not limited to any chemical belonging to the
127	127	4.32neonicotinoid or anthranilcil diamide class, to be a systemic pesticide. The commissioner
128	128	4Sec. 8.
129	129	25-04394 as introduced03/03/25 REVISOR BD/ES 5.1must maintain a list of pesticides designated to be a systemic pesticide on the agency's public
130	130	5.2website.
131	131	5.3 Sec. 9. [21.93] SYSTEMIC PESTICIDE-TREATED SEED ALTERNATIVES
132	132	5.4ACCOUNT.
133	133	5.5 The systemic pesticide-treated seed alternatives account is established in the agricultural
134	134	5.6fund. Money in the account, including interest, is appropriated to the University of Minnesota
135	135	5.7for research and outreach regarding nonchemical pest prevention methods that may serve
136	136	5.8as an alternative to the use of systemic pesticide-treated seed. This money may be used to
137	137	5.9award competitive grants.
138	138	5.10 Sec. 10. APPROPRIATION; SYSTEMIC PESTICIDE-TREATED SEED
139	139	5.11PROGRAM.
140	140	5.12 $....... in fiscal year 2026 is appropriated from the pesticide regulatory account in the
141	141	5.13agricultural fund to the commissioner of agriculture to implement the systemic
142	142	5.14pesticide-treated seed program. This is a onetime appropriation.
143	143	5.15 Sec. 11. APPROPRIATION; SYSTEMIC PESTICIDE-TREATED SEED
144	144	5.16ALTERNATIVES ACCOUNT.
145	145	5.17 $....... in fiscal year 2026 is appropriated from the pesticide regulatory account in the
146	146	5.18agricultural fund to the systemic pesticide-treated seed alternatives account. This is a onetime
147	147	5.19appropriation.
148	148	5Sec. 11.
149	149	25-04394 as introduced03/03/25 REVISOR BD/ES