1.1 	A bill for an act
1.2 	relating to health; authorizing the Department of Health to assess the public 
1.3 	health risks of carcinogenic and endocrine disrupting pesticides;proposing 
1.4 	coding for new law in Minnesota Statutes, chapter 144.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. [144.0711] REGISTRATION AND CONTROL OF CARCINOGENIC 
1.7 	AND ENDOCRINE DISRUPTING PESTICIDES.
1.8 		Subdivision 1.Definitions. (a) "Pesticide" has the meaning given in section 18B.01, 
1.9 	subdivision 18.
1.10 	(b) "Probable carcinogenic pesticide" means a pesticide that has been identified by 
1.11 	the United States Environmental Protection Agency as a probable carcinogen.
1.12 	(c) "Known carcinogenic pesticide" means a pesticide that has been identified by the 
1.13 	United States Environmental Protection Agency as a known carcinogen.
1.14 	(d) "Endocrine-disrupting pesticide" means a pesticide that has been identified by 
1.15 	the commissioner as interfering with, altering, or mimicking hormones or the functioning 
1.16 	of hormones in living beings.
1.17 		Subd. 2.Authority. (a) The commissioner shall review all pesticide registration 
1.18 	applications filed with the Department of Agriculture for known and probable carcinogenic 
1.19 	pesticides and for all endocrine-disrupting pesticides, and has final authority on whether 
1.20 	those pesticides may be registered for use in this state and on any restrictions that 
1.21 	may be placed on their use.  This authority and obligation may not be waived. The 
1.22 	commissioner shall consider the criteria in this paragraph and the factors in subdivision 
1.23 	3, and shall place restrictions on or deny registration and registration renewal for any 
1.24 	known or probable carcinogenic pesticide or any endocrine-disrupting pesticide, unless 
2.1 	the commissioner determines that public health benefits clearly outweigh the risk of harm 
2.2 	to the public health, including, but not limited to, chemical castration, cancer, or harm to 
2.3 	fetal development, especially considering vulnerable populations, such as children, the 
2.4 	elderly, and women of child-bearing age.  The commissioner shall consider whether the 
2.5 	pesticide is needed for disease control or use in hospitals or other health care facilities, and 
2.6 	whether there are any alternatives to the pesticide.
2.7 	(b) The commissioner may request additional information from the applicant as the 
2.8 	commissioner considers necessary.
2.9 	(c) Pesticide registration applications must continue to be filed on an annual basis 
2.10 	with the commissioner of agriculture. For known or probable carcinogen pesticides 
2.11 	and for endocrine-disrupting pesticides, the commissioner of agriculture shall forward 
2.12 	copies of the applications to the commissioner immediately for review and registration 
2.13 	determination.
2.14 	(d) The commissioner may cancel registration of any known or probable 
2.15 	carcinogenic pesticide or endocrine-disrupting pesticide or place restrictions on their use, 
2.16 	considering the criteria in paragraph (a).
2.17 	(e) The authority given the commissioner in this section may be delegated to 
2.18 	designated employees within the Department of Health, but not to any other government 
2.19 	agency or its employees.
2.20 		Subd. 3.Factors for registration determinations. The commissioner shall 
2.21 	consider the following factors in restriction and registration determinations:
2.22 	(1) presence in groundwater;
2.23 	(2) presence in surface water that is classified as a drinking water source;
2.24 	(3) actions against or agreements or stipulations with pesticide manufacturers on 
2.25 	particular pesticides by the United States Environmental Protection Agency; and 
2.26 	(4) limitations on the use of the pesticide in other jurisdictions.