Chapter 18B — Preemption of Local Law

18B.01 Definitions Defines key terms used in Minnesota's pesticide law, including pesticide, applicator, dealer, and related concepts. 18B.02 Preemption of Local Law State pesticide law overrides local city or county pesticide rules, with some exceptions. 18B.03 Powers and Duties of Commissioner The Commissioner of Agriculture enforces pesticide laws, sets rules, issues licenses, and can take emergency action. 18B.04 Pesticide Impact on Environment The commissioner must study how pesticides affect the environment and can restrict or ban harmful ones. 18B.045 Pesticide Management Plan The commissioner must create a plan to manage pesticides and protect groundwater from contamination. 18B.05 Pesticide Regulatory Account Pesticide registration fees go into a special account that funds the state's pesticide regulatory program. 18B.051 Pollinator Research Account A special account funds research on how pesticides affect pollinators like bees. 18B.055 Compensation for Bees Killed by Pesticide; Appropriation Beekeepers can get compensation if their bees are killed by legal pesticide use. 18B.06 Rules The commissioner can adopt rules to carry out pesticide laws, including safety, labeling, and licensing rules. 18B.063 State Uses of Pesticides and Nutrients State agencies that use pesticides must follow the same rules as everyone else and report their pesticide use. 18B.064 Pesticide Use Information The commissioner must make pesticide use information available to the public. 18B.065 Waste Pesticide Collection Program The state runs a program to collect and safely dispose of old or unwanted pesticides. 18B.07 Pesticide Use, Application, and Equipment Cleaning Rules for how pesticides must be applied, stored, and how equipment must be cleaned to prevent contamination. 18B.075 Pesticide-treated Seed Special rules apply to seeds that have been treated with pesticides, including labeling requirements. 18B.08 Chemigation Rules for applying pesticides through irrigation systems, called chemigation, to prevent water contamination. 18B.09 Pesticide Application in Cities Cities can ask to be notified before pesticides are applied in their area under certain conditions. 18B.091 Pesticides on Medical Cannabis Special rules apply to pesticides used on medical cannabis plants to protect patient safety. 18B.095 Pesticide Application in Schools Schools must notify parents before applying pesticides on school grounds and follow special safety rules. 18B.10 Action to Prevent Groundwater Contamination If a pesticide is found in groundwater above safe levels, the commissioner must act to stop the contamination. 18B.11 Sale or Use of Tcdd It is illegal to sell or use TCDD-contaminated pesticides in Minnesota. 18B.115 Sale or Use of Chlordane or Heptachlor The sale and use of chlordane and heptachlor pesticides are banned in Minnesota. 18B.12 Sale and Distribution of Adulterated Pesticides It is illegal to sell or distribute adulterated pesticides that do not match their label claims. 18B.13 Sale and Distribution of Misbranded Pesticides and Devices It is illegal to sell or distribute misbranded pesticides with false or misleading labels. 18B.135 Sale of Pesticides in Returnable Containers and Management of Unused Portions Pesticide sellers must accept returned containers and manage unused portions of certain pesticides. 18B.14 Pesticide Storage Pesticide storage facilities must meet safety standards to prevent leaks and contamination. 18B.15 This section has been repealed and is no longer in effect. 18B.16 This section has been repealed and is no longer in effect. 18B.17 Cooperative Inspection and Enforcement Agreements The commissioner can make agreements with other agencies to share pesticide inspection and enforcement duties. 18B.18 This section has been repealed and is no longer in effect. 18B.19 This section has been repealed and is no longer in effect. 18B.20 This section has been repealed and is no longer in effect. 18B.21 This section has been repealed and is no longer in effect. 18B.22 This section has been repealed and is no longer in effect. 18B.23 This section has been repealed and is no longer in effect. 18B.24 Unsatisfied Judgments If a pesticide dealer cannot pay a court judgment for pesticide damage, the victim can seek payment from a state fund. 18B.25 This section has been repealed and is no longer in effect. 18B.26 Pesticide Registration All pesticides sold in Minnesota must be registered with the Department of Agriculture and pay a registration fee. 18B.27 Pesticide Registration for Special Local Needs The commissioner can register pesticides for special local needs not covered by the federal label. 18B.28 Experimental Use Pesticide Product Registration Companies can get a temporary registration to test new pesticide products in Minnesota. 18B.285 This section has been repealed and is no longer in effect. 18B.29 Reciprocal Licensing and Certification Agreements Minnesota can honor pesticide licenses and certifications from other states through reciprocal agreements. 18B.30 Pesticide Use License Requirement; Internet Sales Prohibited; Restricted Use Pesticides Anyone who uses restricted-use pesticides must have a license. Selling pesticides online to unlicensed buyers is banned. 18B.305 Pesticide Education and Training The commissioner must provide pesticide education and training programs for applicators and dealers. 18B.31 Pesticide Dealer License Pesticide dealers must have a license from the Department of Agriculture and keep records of all sales. 18B.315 This section has been repealed and is no longer in effect. 18B.316 Agricultural Pesticide Dealer License and Reporting Agricultural pesticide dealers have extra licensing and reporting requirements beyond regular pesticide dealers. 18B.32 Structural Pest Control License Anyone doing pest control in buildings must have a structural pest control license. 18B.33 Commercial Applicator License People who apply pesticides for hire must have a commercial applicator license. 18B.34 Noncommercial Applicator License Government employees and others who apply restricted-use pesticides as part of their job need a noncommercial license. 18B.345 Pesticide Application on Golf Courses Golf courses must follow special rules when applying pesticides, including notifying nearby residents. 18B.346 Pesticide Application on Railroad Property Railroads must follow specific rules when applying pesticides along railroad tracks and property. 18B.35 Application Categories Within Applicator Licenses Pesticide applicator licenses are divided into categories based on the type of pest control work being done. 18B.36 Private Applicator Certification Farmers who apply restricted-use pesticides on their own land need a private applicator certification. 18B.37 Records; Plans; Inspections Licensed applicators and dealers must keep detailed records and allow inspections by the Department of Agriculture. 18B.38 Protection of Trade Secrets Trade secrets in pesticide formulas are protected and cannot be disclosed by the commissioner. 18B.39 Existing Rules Rules that were in effect before this chapter was enacted remain valid unless they conflict with new provisions.