Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1996, Regular Session
Key: (1) language to be deleted (2) new language
KEY: stricken = old language to be removed
underscored = new language to be added
CHAPTER 330-H.F.No. 2116
An act relating to agriculture; changing provisions of
plant pests, fertilizer, and lime; changing licensing
requirements for aquatic pest control applicators;
amending Minnesota Statutes 1994, sections 18.52,
subdivisions 2 and 5; 18.53; 18B.32; 18B.33,
subdivision 1; 18B.34, subdivision 1; 18C.005,
subdivisions 6, 13, 20, 22, 33, 34, and by adding a
subdivision; 18C.115, subdivision 2; 18C.215,
subdivisions 1 and 2; 18C.415, subdivision 1; 18C.531,
subdivision 8, and by adding a subdivision; 18C.545,
subdivision 2; and 18E.03, subdivision 4; proposing
coding for new law in Minnesota Statutes, chapter 18B;
repealing Minnesota Statutes 1994, section 18C.531,
subdivision 26.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 18.52,
subdivision 2, is amended to read:
Subd. 2. [EXPIRATION.] Said certificate shall expire
annually on November 15 of each year December 31.
Sec. 2. Minnesota Statutes 1994, section 18.52,
subdivision 5, is amended to read:
Subd. 5. [FEES; PENALTY.] A nursery stock dealer shall pay
an annual fee based on the dealer's gross sales during the
preceding certificate year. A nursery stock dealer operating
for the first year will pay the minimum fee.
Dealers:
(1) Gross sales up to at a location
$5,000 $70 per location
(2) Gross sales over $5,000 at a location
up to $10,000 $100 per location
(3) Gross sales over $10,000 at a location
up to $25,000 $200 per location
(4) Gross sales over $25,000 at a location
up to $75,000 $300 per location
(5) Gross sales over $75,000 at a location
up to $100,000 $400 per location
(6) Gross sales over $100,000 at a location
up to $250,000 $500 per location
(7) Gross sales over $250,000 at a location
$600 per location
In addition to the above fees, a minimum penalty of $10 or
25 percent of the fee due, whichever is greater, shall be
charged for any application for renewal not received by January
1 of the year following expiration of a certificate.
Sec. 3. Minnesota Statutes 1994, section 18.53, is amended
to read:
18.53 [GREENHOUSE CERTIFICATION.]
The commissioner may inspect and certify greenhouses and
greenhouse plants as being free from plant pests upon request of
the greenhouse operator and issue a greenhouse certificate. The
fee is $50 for each greenhouse operator. The certificate
expires on November 15 December 31 next following the date of
issue.
Sec. 4. [18B.315] [AQUATIC PEST CONTROL LICENSE.]
Subdivision 1. [REQUIREMENT.] (a) A person may not engage
in aquatic pest control applications:
(1) for hire without an aquatic pest control license; and
(2) as a sole proprietorship, company, partnership, or
corporation unless the person is or employs a licensed master in
aquatic pest control operations.
(b) An aquatic pest control licensee must have a valid
license identification card when applying pesticides for hire
and must display it upon demand by an authorized representative
of the commissioner or law enforcement officer. The license
identification card must contain information required by the
commissioner.
Subd. 2. [LICENSES.] (a) An aquatic pest control license:
(1) expires on December 31 of the year for which the
license is issued;
(2) is not transferable; and
(3) must be prominently displayed to the public in the
aquatic pest controller's place of business.
(b) The commissioner shall establish categories of master
and journeyman for a person to be licensed under an aquatic pest
control license.
Subd. 3. [APPLICATION.] (a) A person must apply to the
commissioner for an aquatic pest control license on forms and in
a manner required by the commissioner. The commissioner shall
require the applicant to pass a written, closed-book, monitored
examination or oral examination, or both, and may also require a
practical demonstration regarding aquatic pest control. The
commissioner shall establish the examination procedure,
including the phases and contents of the examination.
(b) The commissioner may license a person as a master under
an aquatic pest control license if the person has the necessary
qualifications through knowledge and experience to properly
plan, determine, and supervise the selection and application of
pesticides in aquatic pest control. To demonstrate the
qualifications and become licensed as a master under the aquatic
pest control license, a person must:
(1) pass a closed-book test administered by the
commissioner;
(2) have direct experience as a licensed journeyman under
an aquatic pest control license for at least two years by this
state or a state with equivalent certification requirements, or
have at least 1,600 hours of qualifying experience in the
previous four years as determined by the commissioner; and
(3) show practical knowledge and field experience under
clause (2) in the actual selection and application of pesticides
under varying conditions.
(c) The commissioner may license a person as a journeyman
under an aquatic pest control license if the person:
(1) has the necessary qualifications in the practical
selection and application of pesticides;
(2) has passed a closed-book examination given by the
commissioner; and
(3) is engaged as an employee of or is working under the
direction of a person licensed as a master under an aquatic pest
control license.
Subd. 4. [RENEWAL.] (a) An aquatic pest control applicator
license may be renewed on or before the expiration of an
existing license subject to reexamination, attendance at
workshops approved by the commissioner, or other requirements
imposed by the commissioner to provide the applicator with
information regarding changing technology and to help assure a
continuing level of competency and ability to use pesticides
safely and properly. The commissioner may require an additional
demonstration of applicator qualification if the applicator has
had a license suspended or revoked or has otherwise had a
history of violations of this chapter.
(b) If a person fails to renew an aquatic pest control
license within three months of its expiration, the person must
obtain an aquatic pest control license subject to the
requirements, procedures, and fees required for an initial
license.
Subd. 5. [FINANCIAL RESPONSIBILITY.] (a) An aquatic pest
control license may not be issued unless the applicant furnishes
proof of financial responsibility. The financial responsibility
may be demonstrated by:
(1) proof of net assets equal to or greater than $50,000;
or
(2) a performance bond or insurance of a kind and in an
amount determined by the commissioner.
(b) The bond or insurance must cover a period of time at
least equal to the term of the applicant's license. The
commissioner shall immediately suspend the license of a person
who fails to maintain the required bond or insurance. The
performance bond or insurance policy must contain a provision
requiring the insurance or bonding company to notify the
commissioner by ten days before the effective date of
cancellation, termination, or any other change of the bond or
insurance. If there is recovery against the bond or insurance,
additional coverage must be secured to maintain financial
responsibility equal to the original amount required.
(c) An employee of a licensed person is not required to
maintain an insurance policy or bond during the time the
employer is maintaining the required insurance or bond.
(d) Applications for reinstatement of a license suspended
under this section must be accompanied by proof of satisfaction
of judgments previously rendered.
Subd. 6. [FEES.] (a) An applicant for an aquatic pest
control license for a business must pay a nonrefundable
application fee of $100. An employee of a licensed business
must pay a nonrefundable application fee of $50 for an
individual aquatic pest control license.
(b) An application received after expiration of the aquatic
pest control license is subject to a penalty of 50 percent of
the application fee.
(c) An applicant that meets renewal requirements by
reexamination instead of attending workshops must pay the
equivalent workshop fee for the reexamination as determined by
the commissioner.
Sec. 5. Minnesota Statutes 1994, section 18B.32, is
amended to read:
18B.32 [STRUCTURAL OR AQUATIC PEST CONTROL LICENSE.]
Subdivision 1. [REQUIREMENT.] (a) A person may not engage
in structural or aquatic pest control applications:
(1) for hire without a structural pest control license or,
for an aquatic pest control application, an aquatic pest control
license; and
(2) as a sole proprietorship, company, partnership, or
corporation unless the person is or employs a licensed master in
structural pest control operations or, for an aquatic pest
control application, a commercial aquatic applicator.
(b) A structural or aquatic pest control licensee must have
a valid license identification card when applying pesticides for
hire and must display it upon demand by an authorized
representative of the commissioner or a law enforcement
officer. The license identification card must contain
information required by the commissioner.
(c) Notwithstanding the licensing requirements of this
subdivision, a person may control the following nuisance or
economically damaging wild animals, by trapping, without a
structural pest control license:
(1) fur-bearing animals, as defined in section 97A.015,
with a valid trapping license or special permit from the
commissioner of natural resources; and
(2) skunks, woodchucks, gophers, porcupines, coyotes,
moles, and weasels.
Subd. 2. [LICENSES.] (a) A structural or aquatic pest
control license:
(1) expires on December 31 of the year for which the
license is issued;
(2) is not transferable; and
(3) must be prominently displayed to the public in the
structural or aquatic pest controller's place of business.
(b) The commissioner shall establish categories of master,
journeyman, and fumigator for a person to be licensed under a
structural pest control license and, for an aquatic pest control
license, the categories of commercial aquatic applicator and
certified aquatic applicator.
Subd. 3. [APPLICATION.] (a) A person must apply to the
commissioner for a structural or aquatic pest control license on
forms and in the manner required by the commissioner. The
commissioner shall require the applicant to pass a written,
closed-book, monitored examination or oral examination, or both,
and may also require a practical demonstration regarding
structural or aquatic pest control. The commissioner shall
establish the examination procedure, including the phases and
contents of the examination.
(b) The commissioner may license a person as a master under
a structural pest control license or, for aquatic pest control
applications, as a commercial aquatic applicator if the person
has the necessary qualifications through knowledge and
experience to properly plan, determine, and supervise the
selection and application of pesticides in structural or aquatic
pest control. To demonstrate the qualifications and become
licensed as a master under a structural pest control license or,
for aquatic pest control applications, as a commercial aquatic
applicator, a person must:
(1) pass a closed-book testing test administered by the
commissioner;
(2) have direct experience as a licensed journeyman under a
structural pest control license or, for aquatic pest control
applications, by direct experience as a certified aquatic
applicator under a commercial aquatic applicator for at least
two years by this state or a state with equivalent certification
requirements or as a full-time licensed master in another state
with equivalent certification requirements or, for aquatic pest
control applications, have at least 1,600 hours of qualifying
experience in the previous four years as determined by the
commissioner; and
(3) show practical knowledge and field experience under
clause (2) in the actual selection and application of pesticides
under varying conditions.
(c) The commissioner may license a person as a journeyman
under a structural pest control license or, for aquatic pest
control applications, as a certified aquatic applicator if the
person:
(1) has the necessary qualifications in the practical
selection and application of pesticides;
(2) has passed a closed-book examination given by the
commissioner; and
(3) is engaged as an employee of or is working under the
direction of a person licensed as a master under a structural
pest control license or, for aquatic pest control applications,
under a commercial aquatic applicator.
(d) The commissioner may license a person as a fumigator
under a structural pest control license if the person:
(1) has knowledge of the practical selection and
application of fumigants;
(2) has passed a closed-book examination given by the
commissioner; and
(3) is licensed by the commissioner as a master or
journeyman under a structural pest control license.
(e) The licensing requirements of paragraph (b) for
commercial aquatic applicators are satisfied if a person:
(1) has at least two years direct experience with an
aquatic category endorsement on a commercial applicator license;
(2) can show practical knowledge and field experience in
the actual selection and application of aquatic pesticides under
varying conditions; and
(3) applies for a license as a commercial aquatic
applicator before August 1, 1994.
Subd. 4. [RENEWAL.] (a) A structural or aquatic pest
control applicator license may be renewed on or before the
expiration of an existing license subject to reexamination,
attendance at workshops approved by the commissioner, or other
requirements imposed by the commissioner to provide the
applicator with information regarding changing technology and to
help assure a continuing level of competency and ability to use
pesticides safely and properly. The commissioner may require an
additional demonstration of applicator qualification if the
applicator has had a license suspended or revoked or has
otherwise had a history of violations of this chapter.
(b) If a person fails to renew a structural or aquatic pest
control license within three months of its expiration, the
person must obtain a structural or aquatic pest control license
subject to the requirements, procedures, and fees required for
an initial license.
Subd. 5. [FINANCIAL RESPONSIBILITY.] (a) A structural or
aquatic pest control license may not be issued unless the
applicant furnishes proof of financial responsibility. The
financial responsibility may be demonstrated by:
(1) proof of net assets equal to or greater than $50,000;
or
(2) a performance bond or insurance of a kind and in an
amount determined by the commissioner.
(b) The bond or insurance must cover a period of time at
least equal to the term of the applicant's license. The
commissioner must immediately suspend the license of a person
who fails to maintain the required bond or insurance. The
performance bond or insurance policy must contain a provision
requiring the insurance or bonding company to notify the
commissioner by ten days before the effective date of
cancellation, termination, or any other change of the bond or
insurance. If there is recovery against the bond or insurance,
additional coverage must be secured to maintain financial
responsibility equal to the original amount required.
(c) An employee of a licensed person is not required to
maintain an insurance policy or bond during the time the
employer is maintaining the required insurance or bond.
(d) Applications for reinstatement of a license suspended
under the provisions of this section must be accompanied by
proof of satisfaction of judgments previously rendered.
Subd. 6. [FEES.] (a) An applicant for a structural pest
control license or aquatic pest control license for a business
must pay a nonrefundable application fee of $100. An employee
of a licensed business must pay a nonrefundable application fee
of $50 for an individual structural or aquatic pest control
license.
(b) An application received after expiration of the
structural pest control license or aquatic pest control license
is subject to a penalty fee of 50 percent of the application fee.
(c) An applicant that meets renewal requirements by
reexamination instead of attending workshops must pay the
equivalent workshop fee for the reexamination as determined by
the commissioner.
Sec. 6. Minnesota Statutes 1994, section 18B.33,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] (a) A person may not apply a
pesticide for hire without a commercial applicator license for
the appropriate use categories or a structural pest control
license or commercial aquatic pest control license.
(b) A person with a commercial applicator license may not
apply pesticides on or into surface waters without a commercial
an aquatic pest control license under section 18B.32, except a
commercial an aquatic pest control license is not required for
licensed commercial applicators applying pesticides for the
purposes of:
(1) pest control on cultivated wild rice;
(2) mosquito and black fly control operations;
(3) pest control on rights-of-way;
(4) aerial pest control operations for emergent vegetation
control;
(5) aerial application of piscicides; and
(6) pest control for silvicultural operations.
(c) A commercial applicator licensee must have a valid
license identification card when applying pesticides for hire
and must display it upon demand by an authorized representative
of the commissioner or a law enforcement officer. The
commissioner shall prescribe the information required on the
license identification card.
Sec. 7. Minnesota Statutes 1994, section 18B.34,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENT.] (a) Except for a licensed
commercial applicator, certified private applicator, a licensed
aquatic pest control applicator, or licensed structural pest
control applicator, a person, including a government employee,
may not use a restricted use pesticide in performance of
official duties without having a noncommercial applicator
license for an appropriate use category.
(b) A licensed noncommercial applicator may not apply
pesticides into or on surface waters without a certified an
aquatic pest control license, except a certified an aquatic pest
control license is not required for licensed noncommercial
applicators applying pesticides for the purposes of:
(1) mosquito and black fly control operations;
(2) pest control on rights-of-way;
(3) pest control operations for purple loosestrife control;
(4) application of piscicides; and
(5) pest control for silvicultural operations.
(c) A licensee must have a valid license identification
card when applying pesticides and must display it upon demand by
an authorized representative of the commissioner or a law
enforcement officer. The license identification card must
contain information required by the commissioner.
Sec. 8. Minnesota Statutes 1994, section 18C.005,
subdivision 6, is amended to read:
Subd. 6. [COMPOST.] "Compost" is a material derived
primarily or entirely from biological decomposition of
vegetative organic matter or animal manure that does not have
inorganic fertilizer added other than to promote decomposition
biologically stable material derived from the composting process.
Sec. 9. Minnesota Statutes 1994, section 18C.005, is
amended by adding a subdivision to read:
Subd. 6a. [COMPOSTING.] "Composting" is the biological
decomposition of organic matter. It is accomplished by mixing
and piling in such a way as to promote aerobic or anaerobic
decay or both. The process inhibits pathogens, viable weed
seeds, and odors.
Sec. 10. Minnesota Statutes 1994, section 18C.005,
subdivision 13, is amended to read:
Subd. 13. [GRADE.] "Grade" means the percentage of total
nitrogen (N), available phosphate (P2 O5 ), and soluble potash (K2
O) stated in whole numbers in the same terms, order, and
percentages as in the guaranteed analysis except the grade
of custom blends and their raw materials, bone meals, manures,
and similar raw materials may be stated in fractional units, and
specialty fertilizers may be stated in fractional units of less
than one percent of total nitrogen, available phosphate, and
soluble potash.
Sec. 11. Minnesota Statutes 1994, section 18C.005,
subdivision 20, is amended to read:
Subd. 20. [MOBILE MECHANICAL UNIT.] "Mobile mechanical
unit" means a portable machine or apparatus used to blend, mix,
or manufacture fertilizers.
Sec. 12. Minnesota Statutes 1994, section 18C.005,
subdivision 22, is amended to read:
Subd. 22. [ORGANIC FERTILIZER.] "Organic fertilizer" in
reference to fertilizer nutrients refers only to naturally
occurring substances generally recognized as the hydrogen
compounds of carbon and their derivatives or synthetic products
of similar composition with a water insoluble nitrogen content
of at least 60 percent of the guaranteed total nitrogen means a
material containing carbon and one or more elements other than
hydrogen and oxygen essential for plant growth.
Sec. 13. Minnesota Statutes 1994, section 18C.005,
subdivision 33, is amended to read:
Subd. 33. [SOIL AMENDMENT.] "Soil amendment" means a
substance intended to improve the structural, physical, or
biological characteristics of the soil or modify organic matter
at or near the soil surface, except fertilizers, agricultural
liming materials, pesticides, and other materials exempted by
the commissioner's rules.
Sec. 14. Minnesota Statutes 1994, section 18C.005,
subdivision 34, is amended to read:
Subd. 34. [SPECIALTY FERTILIZER.] "Specialty fertilizer"
means a fertilizer labeled and distributed for, but not limited
to, the following uses: commercial gardening, greenhouses,
nurseries, sod farms, home gardens, house plants, lawn
fertilizer that is not custom applied, shrubs, golf courses,
municipal parks, and cemeteries, and research or experimental
uses.
Sec. 15. Minnesota Statutes 1994, section 18C.115,
subdivision 2, is amended to read:
Subd. 2. [ADOPTION OF NATIONAL STANDARDS.] Applicable
national standards contained in the 1993 1996 official
publication, number 46 49, of the Association of American Plant
Food Control Officials including the rules and regulations,
statements of uniform interpretation and policy, and the
official fertilizer terms and definitions, and not otherwise
adopted by the commissioner, may be adopted as fertilizer rules
of this state.
Sec. 16. Minnesota Statutes 1994, section 18C.215,
subdivision 1, is amended to read:
Subdivision 1. [LABEL CONTENTS PACKAGED FERTILIZERS.] (a)
A person may not sell or distribute specialty fertilizer in bags
or other containers in this state unless a label is placed on or
affixed to the bag or container stating in a clear, legible, and
conspicuous form the following information:
(1) the net weight;
(2) the brand and grade, except (i) the grade is not
required if primary nutrients are not claimed, and (ii) the
grade on the label is optional if the fertilizer is used only
for agricultural purposes and the guaranteed analysis statement
is shown in the complete form as in section 18C.211;
(3) the guaranteed analysis;
(4) the name and address of the guarantor;
(5) directions for use; and
(6) a derivatives statement.
(b) A person may not sell or distribute fertilizer for
agricultural purposes in bags or other containers in this state
unless a label is placed on or affixed to the bag or container
stating in a clear, legible, and conspicuous form the
information listed in paragraph (a), clauses (1) to (4), except:
(1) the grade is not required if primary nutrients are not
claims; and
(2) the grade on the label is optional if the fertilizer is
used only for agricultural purposes and the guaranteed analysis
statement is shown in the complete form as in section 18C.211.
(c) The labeled information must appear:
(1) on the face front or display back side of the container
in a conspicuous form;
(2) on the upper one-third of the side of the container;
(3) on the upper end of the container; or
(4) printed on tags a tag affixed conspicuously to the
upper end of the container.
Sec. 17. Minnesota Statutes 1994, section 18C.215,
subdivision 2, is amended to read:
Subd. 2. [BLENDED, MIXED, BULK, AND MIXED CUSTOM APPLIED
FERTILIZER.] (a) A distributor who blends or mixes fertilizer to
a customer's order without a guaranteed analysis of the final
mixture or distributes fertilizer in bulk, must furnish each
purchaser with an invoice or delivery ticket in written or
printed form showing:
(1) the net weight, name and address of the guarantor, and
guaranteed analysis of each of the materials used in the mixture.
(b) Records and the name and address of the guarantor; or
(2) the net weight and guaranteed analysis of the final
mixture and the name and address of the guarantor.
(b) A person may not custom apply specialty fertilizer in
this state unless a label, invoice, or delivery ticket is given
to each purchaser stating in a clear, legible, and conspicuous
form the following information:
(1) the net weight, which may be listed as the total net
weight applied or the net weight applied per unit treated;
(2) the guaranteed analysis;
(3) the name and address of the guarantor;
(4) the number of units treated in square feet, acres, or
another unit of measure; and
(5) a derivative statement;
(c) Copies of invoices or delivery tickets must be kept for
five years after the sale, delivery, or application.
Sec. 18. Minnesota Statutes 1994, section 18C.415,
subdivision 1, is amended to read:
Subdivision 1. [LICENSE REQUIRED.] (a) A person may not
sell or distribute bulk fertilizers for use on agricultural
lands, custom apply fertilizers, or manufacture, blend, or
otherwise manipulate fertilizers without obtaining a license
from the commissioner from each fixed location where the person
does business within the state and one license for all fixed
locations that are located outside of the state.
(b) A distributor may not manipulate fertilizer by means of
a mobile mechanical unit without a license from the commissioner
for each mobile mechanical unit. For the purposes of this
section, fertilizer application equipment owned or operated by a
person licensed under paragraph (a) is not considered a mobile
mechanical unit.
Sec. 19. Minnesota Statutes 1994, section 18C.531, is
amended by adding a subdivision to read:
Subd. 5a. [CALCIUM CARBONATE EQUIVALENT; CCE.] "Calcium
carbonate equivalent" or "CCE" means the acid neutralizing
capacity of an agricultural liming material expressed as a
weight percentage of pure calcium carbonate. CCE is often
referred to as the "chemical purity" of an agricultural liming
material.
Sec. 20. Minnesota Statutes 1994, section 18C.531,
subdivision 8, is amended to read:
Subd. 8. [ENP.] "ENP" means effective neutralizing power
and is an expression of the neutralizing value of liming
material based on the TNP calcium carbonate equivalent and
fineness which is expressed as a dry weight percentage.
Sec. 21. Minnesota Statutes 1994, section 18C.545,
subdivision 2, is amended to read:
Subd. 2. [BAGGED AND BULK SHIPMENT LABEL.] If agricultural
liming material is transported or sold in bags or bulk, an
invoice or delivery ticket in written or printed form as
required by subdivision 1 must accompany each delivery and be
supplied to each purchaser at the time of delivery.
Sec. 22. Minnesota Statutes 1994, section 18E.03,
subdivision 4, is amended to read:
Subd. 4. [FEE.] (a) The response and reimbursement fee
consists of the surcharges and any adjustments made by the
commissioner in this subdivision and shall be collected by the
commissioner. The amount of the response and reimbursement fee
shall be determined and imposed annually by the commissioner as
required to satisfy the requirements in subdivision 3. The
commissioner shall adjust the amount of the surcharges imposed
in proportion to the amount of the surcharges listed in this
subdivision.
(b) The commissioner shall impose a surcharge on pesticides
registered under chapter 18B to be collected as a surcharge on
the registration application fee under section 18B.26,
subdivision 3, that is equal to 0.1 percent of sales of the
pesticide in the state and sales of pesticides for use in the
state during the previous calendar year, except the surcharge
may not be imposed on pesticides that are sanitizers or
disinfectants as determined by the commissioner. The registrant
shall determine when and which pesticides are sold or used in
this state. The registrant shall secure sufficient sales
information of pesticides distributed into this state from
distributors and dealers, regardless of distributor location, to
make a determination. Sales of pesticides in this state and
sales of pesticides for use in this state by out-of-state
distributors are not exempt and must be included in the
registrant's annual report, as required under section 18B.26,
subdivision 3, paragraph (c), and fees shall be paid by the
registrant based upon those reported sales. Sales of pesticides
in the state for use outside of the state are exempt from the
surcharge in this paragraph if the registrant properly documents
the sale location and the distributors.
(c) The commissioner shall impose a ten cents per ton
surcharge on the inspection fee under section 18C.425,
subdivision 6, for fertilizers, soil amendments, and plant
amendments.
(d) The commissioner shall impose a surcharge on the
license application of persons licensed under chapters 18B and
18C consisting of:
(1) a $75 surcharge for each site where pesticides are
stored or distributed, to be imposed as a surcharge on pesticide
dealer application fees under section 18B.31, subdivision 5;
(2) a $75 surcharge for each site where a fertilizer, plant
amendment, or soil amendment is distributed, to be imposed on
persons licensed under sections 18C.415 and 18C.425;
(3) a $50 surcharge to be imposed on a structural pest
control applicator license application under section 18B.32,
subdivision 6, for business license applications only;
(4) a $20 surcharge to be imposed on commercial applicator
license application fees under section 18B.33, subdivision 7;
and
(5) a $20 surcharge to be imposed on noncommercial
applicator license application fees under section 18B.34,
subdivision 5, except a surcharge may not be imposed on a
noncommercial applicator that is a state agency, political
subdivision of the state, the federal government, or an agency
of the federal government; and
(6) a $20 surcharge to be imposed on aquatic pest control
licenses under section 18B.315.
(e) A $1,000 fee shall be imposed on each site where
pesticides are stored and sold for use outside of the state
unless:
(1) the distributor properly documents that it has less
than $2,000,000 per year in wholesale value of pesticides stored
and transferred through the site; or
(2) the registrant pays the surcharge under paragraph (b)
and the registration fee under section 18B.26, subdivision 3,
for all of the pesticides stored at the site and sold for use
outside of the state.
(f) Paragraphs (c) to (e) apply to sales, licenses issued,
applications received for licenses, and inspection fees imposed
on or after July 1, 1990.
Sec. 23. [REPEALER.]
Minnesota Statutes 1994, section 18C.531, subdivision 26,
is repealed.
Sec. 24. [EFFECTIVE DATE.]
Section 18 is effective retroactive to December 30, 1995.
Presented to the governor March 15, 1996
Signed by the governor March 18, 1996, 9:59 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes