SF4052

1. Purpose

2. This bill aims to reduce uses of certain pesticides in Minnesota agriculture and landscaping to protect pollinators, ecosystems, and public health. It creates new definitions, expands oversight by the Department of Agriculture, and establishes a formal system of waivers, reporting, and penalties related to seeds and pesticides that are “systemic insecticides” or “neonicotinoid insecticides.”

3. Key Provisions

4. Definitions (new terms added to the statutes)

5. Insecticide: A pesticide or active ingredient designed to prevent, destroy, repel, or mitigate an insect pest.

6. Neonicotinoid insecticide: A pesticide containing any active ingredient in the neonicotinoid class (examples listed include imidacloprid, thiamethoxam, clothianidin, dinotefuran, acetamiprid, sulfoxaflor, flupyradifurone, etc.).

7. Systemic insecticide: An insecticide absorbed by plants and translocated throughout plant tissue (includes several specific active ingredients and any others the commissioner may define).

8. Environmental emergency: A defined situation where a pest or threat presents a significant risk to the environment, health, or crops, justifying certain emergency actions.

9. Prohibitions and Exceptions (neonicotinoids and systemic insecticides)

10. Outdoor ornamentals and turf: A neonicotinoid insecticide may not be applied or used on outdoor ornamental plants and turf unless the commissioner issues a written order for a specific situation or use (an exception may apply if an environmental emergency exists, an effective alternative is unavailable, and the order includes limits and purposes). Such orders may also set restrictions to reduce harm to pollinators, birds, ecosystems, and public health and are valid for up to one year.

11. Environmental emergency orders: When an environmental emergency is declared, the commissioner can authorize a neonicotinoid treatment in limited circumstances, specify the product, geographic area, and time frame, and may impose additional restrictions.

12. Training requirement: Applicators using a pesticide containing a neonicotinoid must take a department-approved course each year and keep proof of completion for three years.

13. Seeds coated or treated with systemic insecticides (phase-in and waivers)

14. Prohibition starting 2029: Beginning January 1, 2029, it is unlawful to sell or distribute in Minnesota or into Minnesota any seeds of barley, canola, corn, millet, oat, rye, safflower, sorghum, soybean, sunflower, or wheat that are coated or treated with a systemic insecticide, unless the buyer has a valid waiver issued by the commissioner and provides that waiver to the seller.

15. Waiver process (farm-specific): The commissioner may issue a farm-specific waiver if:

    • The buyer completes integrated pest management (IPM) training.
    • A pest risk assessment and a report on that assessment are submitted (completed by a trained, department-approved third party) and show that the seed treatment is necessary to address a demonstrable pest issue.
    • The seeds will be planted only in the geographic area specified in the pest risk assessment.
    • The farm owner keeps up-to-date records of the pest risk assessment, the report, and planting dates, available for review.
    • The waiver is valid for no more than one year and may include restrictions on handling, use, and disposal to protect pollinators, birds, ecosystems, and public health.

16. Rulemaking and oversight: The commissioner must adopt rules to implement the waiver process before waivers are granted; rulemaking authority is not subject to the usual 18-month time limit.

17. Reporting and recordkeeping: The commissioner must annually report to legislative chairs and ranking members on the number of waivers granted; agricultural pesticide dealers who sell or distribute seeds described in this section must annually report the quantity sold and the waivers supporting those sales.

18. Enforcement, Penalties, and Remedies

19. Civil penalties: Violations of the neonicotinoid or systemic insecticide provisions, or related rules, can incur civil penalties up to $10,000 per violation, or $7,500 for each day a continuing violation occurs. Knowing purchases of such seeds without proper waivers can incur penalties up to $10,000 per violation.

20. Legal action: The commissioner may bring actions in district court for violations and obtain permanent injunctions or other relief as appropriate.

21. Effective Date and Transition

22. The seed prohibition (systemic insecticides on listed seeds) takes effect on January 1, 2029, with waivers available under the IPM and pest-risk framework.

23. Other parts of the bill (definitions, neonicotinoid prohibition on outdoor ornamentals, rulemaking, and reporting) become enforceable under the established timelines and commissioner actions, including potential emergency orders and annual training requirements.

24. Summary of What This Bill Seeks to Change

25. Adds formal definitions for insecticides, systemic insecticides, and neonicotinoid insecticides.

26. Creates a statewide prohibition on selling or distributing seeds coated or treated with systemic insecticides starting in 2029, unless a waiver is obtained.

27. Establishes a detailed waiver process that relies on IPM training, pest risk assessments, third-party evaluation, geographic specificity, and recordkeeping.

28. Allows temporary, restricted use of neonicotinoids for environmental emergencies with commissioner-issued orders and protective conditions.

29. Requires annual training for applicators and new reporting and recordkeeping obligations for dealers.

30. Introduces civil penalties and enforcement mechanisms to ensure compliance, along with rulemaking and annual reporting to lawmakers.

Relevant Terms - neonicotinoid insecticide - systemic insecticide - insecticide - outdoor ornamental plants - turf - seed coating or seed treatment - integrated pest management (IPM) - pest risk assessment - third-party validation - waiver - environmental emergency - rulemaking - annual reporting - seed dealer - civil penalties - injunction - geographic area - pollinators - ecosystem health - public health - certified applicator