Seed label additional information requirement; certain seed uses modification; product stewardship for corn and soybean seed coated or treated with neonicotinoid pesticide requirement

1.1 A bill for an act​ 1.2 relating to agriculture; requiring additional seed label information; prohibiting​ 1.3 certain seed uses; requiring product stewardship for corn and soybean seed coated​ 1.4 or treated with neonicotinoid pesticide; amending Minnesota Statutes 2020, sections​ 1.5 21.82, subdivisions 3, 6; 21.86, subdivision 2; 21.89, by adding a subdivision.​ 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.7 Section 1. Minnesota Statutes 2020, section 21.82, subdivision 3, is amended to read:​ 1.8 Subd. 3. Treated seed. For all named agricultural, vegetable, flower, or wildflower​ 1.9 seeds which are treated, for which a separate label may be used, the label must contain:​ 1.10 (1) a word or statement to indicate that the seed has been treated;​ 1.11 (2) the commonly accepted, coined, chemical, or abbreviated generic chemical name of​ 1.12 the applied substance;​ 1.13 (3) the caution statement "Do not use for food, feed, or oil purposes" if the substance in​ 1.14 the amount present with the seed is harmful to human or other vertebrate animals;​ 1.15 (4) in the case of mercurials or similarly toxic substances, a poison statement and symbol;​ 1.16 (5) a word or statement describing the process used when the treatment is not of pesticide​ 1.17 origin; and​ 1.18 (6) the date beyond which the inoculant is considered ineffective if the seed is treated​ 1.19 with an inoculant. It must be listed on the label as "inoculant: expires (month and year)" or​ 1.20 wording that conveys the same meaning.; and​ 1.21 (7) for corn or soybean seed treated with neonicotinoid pesticide, the following caution​ 1.22 statement framed in a box and including a bee icon approved by the commissioner: "Planting​ 1​Section 1.​ 21-02080 as introduced​01/28/21 REVISOR JRM/SQ​ SENATE​ STATE OF MINNESOTA​ S.F. No. 794​NINETY-SECOND SESSION​ (SENATE AUTHORS: MURPHY)​ OFFICIAL STATUS​D-PG​DATE​ Introduction and first reading​02/11/2021​ Referred to Agriculture and Rural Development Finance and Policy​ 2.1 seed treated with a neonicotinoid pesticide may negatively impact pollinator health. Please​ 2.2 use care when handling and planting this seed. Do not use for food, feed, or oil purposes,​ 2.3 or ethanol production."​ 2.4 Sec. 2. Minnesota Statutes 2020, section 21.82, subdivision 6, is amended to read:​ 2.5 Subd. 6. Coated agricultural seeds. For coated agricultural seeds the label must contain:​ 2.6 (1) percentage by weight of pure seeds with coating material removed;​ 2.7 (2) percentage by weight of coating material shown as a separate item in close association​ 2.8 with the percentage of inert matter; and​ 2.9 (3) percentage of germination determined on 400 pellets with or without seeds.; and​ 2.10 (4) for corn or soybean seed coated with neonicotinoid pesticide, the caution statement​ 2.11 required under subdivision 3, clause (7).​ 2.12 Sec. 3. Minnesota Statutes 2020, section 21.86, subdivision 2, is amended to read:​ 2.13 Subd. 2. Miscellaneous violations. No person may:​ 2.14 (a) detach, alter, deface, or destroy any label required in sections 21.82 and 21.83, alter​ 2.15 or substitute seed in a manner that may defeat the purposes of sections 21.82 and 21.83, or​ 2.16 alter or falsify any seed tests, laboratory reports, records, or other documents to create a​ 2.17 misleading impression as to kind, variety, history, quality, or origin of the seed;​ 2.18 (b) hinder or obstruct in any way any authorized person in the performance of duties​ 2.19 under sections 21.80 to 21.92;​ 2.20 (c) fail to comply with a "stop sale" order or to move or otherwise handle or dispose of​ 2.21 any lot of seed held under a stop sale order or attached tags, except with express permission​ 2.22 of the enforcing officer for the purpose specified;​ 2.23 (d) use the word "type" in any labeling in connection with the name of any agricultural​ 2.24 seed variety;​ 2.25 (e) use the word "trace" as a substitute for any statement which is required;​ 2.26 (f) plant any agricultural seed which the person knows contains weed seeds or noxious​ 2.27 weed seeds in excess of the limits for that seed; or​ 2.28 (g) advertise or sell seed containing patented, protected, or proprietary varieties used​ 2.29 without permission of the patent or certificate holder of the intellectual property associated​ 2.30 with the variety of seed.; or​ 2​Sec. 3.​ 21-02080 as introduced​01/28/21 REVISOR JRM/SQ​ 3.1 (h) use or sell as food, feed, oil, or ethanol feedstock any seed treated or coated with​ 3.2 neonicotinoid pesticide.​ 3.3 Sec. 4. Minnesota Statutes 2020, section 21.89, is amended by adding a subdivision to​ 3.4 read:​ 3.5 Subd. 2a. Product stewardship. (a) The commissioner must not issue a permit to a​ 3.6 labeler of corn or soybean seed coated or treated with neonicotinoid pesticide unless the​ 3.7 labeler satisfies the requirements of this subdivision. The labeler must, individually or​ 3.8 through a stewardship organization approved by the commissioner, implement and finance​ 3.9 a product stewardship program to collect any unsold or unwanted corn or soybean seed​ 3.10 coated or treated with neonicotinoid pesticide.​ 3.11 (b) The labeler must submit to the commissioner the labeler's individual stewardship​ 3.12 plan or documentation demonstrating that the producer has entered into an agreement with​ 3.13 an approved stewardship organization as an active participant in the organization's product​ 3.14 stewardship program.​ 3.15 (c) A stewardship plan submitted by a labeler must include:​ 3.16 (1) certification that the product stewardship program will accept all unsold or unwanted​ 3.17 corn or soybean seed coated or treated with a neonicotinoid pesticide regardless of which​ 3.18 labeler sold the seed;​ 3.19 (2) contact information for the labeler submitting the plan, a list of all labelers​ 3.20 participating in the product stewardship program, and the brands or products covered by​ 3.21 the product stewardship program;​ 3.22 (3) a description of the methods by which the discarded seed will be collected in all​ 3.23 applicable areas of the state without reliance on end-of-life fees;​ 3.24 (4) a description of how the labeler will monitor and maintain the adequacy of the​ 3.25 collection program;​ 3.26 (5) the names and locations of collectors, transporters, and recyclers that will handle​ 3.27 discarded seed;​ 3.28 (6) a description of how the discarded seed will be safely and securely transported,​ 3.29 tracked, and handled from collection through final disposal;​ 3.30 (7) a description of the promotion and outreach activities that will be used to encourage​ 3.31 participation in the collection program and how the effectiveness of these activities will be​ 3.32 evaluated; and​ 3​Sec. 4.​ 21-02080 as introduced​01/28/21 REVISOR JRM/SQ​ 4.1 (8) evidence of adequate insurance or other financial assurance that may be required for​ 4.2 responsible collection, handling, and disposal of discarded seed.​ 4.3 (d) A labeler or stewardship organization that organizes collection, transport, and disposal​ 4.4 of seed under this subdivision is immune from liability for such conduct under state laws​ 4.5 relating to antitrust, restraint of trade, unfair trade practices, and other regulation of trade​ 4.6 or commerce only to the extent that the conduct is necessary to plan and implement the​ 4.7 labeler's or organization's product stewardship program.​ 4.8 (e) The labeler must individually or through a stewardship organization submit an annual​ 4.9 report to the commissioner describing the product stewardship program and its outcomes.​ 4.10 At a minimum, the report must describe the methods used to collect, transport, and dispose​ 4.11 of discarded seed and the amounts collected, transported, and disposed.​ 4​Sec. 4.​ 21-02080 as introduced​01/28/21 REVISOR JRM/SQ​