Purpose

This bill aims to tighten controls on pesticides used in agriculture and landscaping by restricting certain seed coatings and outdoor plant treatments. It seeks to reduce reliance on systemic and neonicotinoid insecticides and protect pollinators, while adding a formal process for waivers, rulemaking, reporting, and penalties for noncompliance.

Main provisions and what the bill seeks to accomplish

• Definitions added:
  • Systemic insecticide: an insecticide absorbed by plants and spread throughout plant tissue.
  • Neonicotinoid insecticide: a pesticide containing any neonicotinoid active ingredient (e.g., imidacloprid, thiamethoxam, clothianidin, dinotefuran, acetamiprid, sulfoxaflor, flupyradifurone, etc.).
• Prohibitions on neonicotinoids:
  • A blanket prohibition on applying or treating outdoor ornamental plants and turf with neonicotinoid insecticides, with limited written exceptions.
  • Exceptions can be granted if the commissioner determines there is an environmental emergency, the pesticide is effective for addressing the emergency, and no less harmful alternative exists; any order must specify the details and may include use restrictions to protect pollinators and public health. Orders last up to one year and may address specific geographic areas.
  • An environmental emergency is defined as a pest event that significantly threatens the environment, health, crops, or public safety.
  • Applicators using neonicotinoids must complete a department-approved course annually and keep records for three years.
• Seed coating ban and waivers:
  • Beginning January 1, 2029, selling or distributing in Minnesota (or into Minnesota) seeds of certain crops (barley, canola, corn, millet, oat, rye, safflower, sorghum, soybean, sunflower, wheat) coated or treated with systemic insecticides is prohibited unless a state-issued waiver is obtained and the purchaser has a valid waiver.
  • Waivers (farm-specific) can be issued if the applicant:
  • Completes integrated pest management (IPM) training.
  • Submits a pest risk assessment and a report on that assessment prepared by a trained, department-approved third party.
  • Demonstrates that seed use is necessary to address a demonstrable pest issue and limits planting to the identified geographic area.
  • Keeps records of the pest risk assessment and planting dates, available for review.
  • Waivers are valid for up to one year and may include conditions on handling, disposal, and minimizing harm to pollinators and public health.
• Rulemaking and reporting:
  • The commissioner must adopt rules to implement the waiver system before waivers are granted.
  • The commissioner must annually report on the number of waivers granted.
  • Agricultural pesticide dealers must report annually the quantity of seeds sold or distributed and the waivers associated with those sales.
• Enforcement and penalties:
  • Civil penalties can be up to $10,000 per violation, or $7,500 per day for ongoing violations.
  • Individuals purchasing seeds described in the waiver section without a valid waiver face penalties up to $10,000 per violation.
  • The commissioner can pursue enforcement in district court and seek permanent injunctions or other relief for violations.
• Additional notes:
  • Some use of neonicotinoid pesticides may still be allowed under the commissioner’s written orders in limited situations.
  • The bill creates new subdivisions in Minnesota Statutes and authorizes related rulemaking and reporting requirements.

Key changes to existing law

• Adds new definitions to 18B.01 for “Systemic insecticide” and “Neonicotinoid insecticide.”
• Establishes a prohibition on applying neonicotinoids to outdoor ornamental plants and turf, with conditions for exceptions.
• Creates a new framework (waivers) governing the sale and distribution of seeds coated or treated with systemic insecticides, including IPM training, pest risk assessments, and third-party verification.
• Introduces a formal waiver process with annual reporting requirements for agencies and dealers.
• Adds civil penalties for violations and expands enforcement mechanisms.
• Requires rulemaking to implement the waiver system and detailed reporting to legislative committees.

Definitions (selected terms to know)

• Systemic insecticide
• Neonicotinoid insecticide
• Outdoor ornamental plants
• Turf
• Integrated pest management (IPM)
• Pest risk assessment
• Department-approved third party
• Environmental emergency
• Waiver
• Certified applicator
• Seed dealer
• Seed coated or treated with systemic insecticide

Timeline and scope (highlights)

• January 1, 2029: Prohibition on sale/distribution of coated or treated seeds for listed crops unless a waiver is obtained.
• Waivers: valid for up to one year; require IPM training, pest risk assessment, and geographic limitations.
• Annual reporting: required for waivers and seed sales.
• Rulemaking: commissioner must establish implementing rules before waivers are granted.

Potential impacts

• Farmers and seed vendors may face new compliance costs (IPM training, risk assessments, record-keeping).
• Increased consideration of pest management alternatives to neonicotinoids.
• Greater emphasis on pollinator protection and environmental health.
• Increased regulatory oversight and penalties for noncompliance.

Relevant Terms - systemic insecticide - neonicotinoid insecticide - outdoor ornamental plants - turf - seed coated or treated - waiver - integrated pest management (IPM) - pest risk assessment - department-approved third party - environmental emergency - certified applicator - seed dealer - civil penalty - enforcement - rulemaking