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18B.07.2(b)

Statute ID: 13381

Statute Function ID: 29346

Pesticide Control-Prohibited Use-Direct beyond targeted site / damage adjacent property

In Effect

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Charge

Classifications

Offense Level:

Petty Misdemeanor (PM)

General Offense Code:

Other (9)

Offense Summary Code & Rank:

Other/Status/Misc (M) (Rank 30)

Detailed Offense Code:

Environmental Regulation (911)

Offense Severity Level:

Function Text:

UCR Code

Description

290

Destruction/Damage/Vandalism of Property

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Yes

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

18B.07.2(b)

Enactment Date:

Jan 1, 1859

Effective Date:

Aug 1, 2008

Expiration Date:

Repealed?:

Summary Text:

Pesticide Control-Prohibited Use-Direct beyond targeted site / damage adjacent property

Statute ID:

13381

Created:

Jun 14, 2010 by mnjis.legal.analyst@state.mn.us

Updated:

Jul 8, 2010 by mnjis.legal.analyst@state.mn.us

Last Update Action:

Added

Legal Analyst Comment:

2008 c 297 art 1 s 6; penalty misdemeanor or gross misdemeanor per 18D.331

Summary Text:

Pesticide Control-Prohibited Use-Direct beyond targeted site / damage adjacent property

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/18B/07.html

Legislative Session:

2008 - Regular

Session Law Text?:

Statute text last updated on:

Jun 14, 2010

(a) A person may not use, store, handle, distribute, or dispose of a pesticide, rinsate, pesticide container, or pesticide application equipment in a manner: 

(1) that is inconsistent with a label or labeling as defined by FIFRA; 

(2) that endangers humans, damages agricultural products, food, livestock, fish, or wildlife; or 

(3) that will cause unreasonable adverse effects on the environment. 

(b) A person may not direct a pesticide onto property beyond the boundaries of the target site. A person may not apply a pesticide resulting in damage to adjacent property. 

(c) A person may not directly apply a pesticide on a human by overspray or target site spray, except when: 

(1) the pesticide is intended for use on a human; 

(2) the pesticide application is for mosquito control operations; 

(3) the pesticide application is for control of gypsy moth, forest tent caterpillar, or other pest species, as determined by the commissioner, and the pesticide used is a biological agent; or 

(4) the pesticide application is for a public health risk, as determined by the commissioner of health, and the commissioner of health, in consultation with the commissioner of agriculture, determines that the application is warranted based on the commissioner's balancing of the public health risk with the risk that the pesticide application poses to the health of the general population, with special attention to the health of children. 

(d) For pesticide applications under paragraph (c), clause (2), the following conditions apply: 

(1) no practicable and effective alternative method of control exists; 

(2) the pesticide is among the least toxic available for control of the target pest; and 

(3) notification to residents in the area to be treated is provided at least 24 hours before application through direct notification, posting daily on the treating organization's Web site, if any, and by sending a broadcast e-mail to those persons who request notification of such, of those areas to be treated by adult mosquito control techniques during the next calendar day. For control operations related to human disease, notice under this paragraph may be given less than 24 hours in advance. 

(e) For pesticide applications under paragraph (c), clauses (3) and (4), the following conditions apply: 

(1) no practicable and effective alternative method of control exists; 

(2) the pesticide is among the least toxic available for control of the target pest; and 

(3) notification of residents in the area to be treated is provided by direct notification and through publication in a newspaper of general circulation within the affected area. 

(f) For purposes of this subdivision, "direct notification" may include mailings, public meetings, posted placards, neighborhood newsletters, or other means of contact designed to reach as many residents as possible. Public meetings held to meet this requirement for adult mosquito control, under paragraph (d), must be held within each city or town where the pesticide treatments are to be made, at a time and location that is convenient for residents of the area where the treatments will occur. 

(g) A person may not apply a pesticide in a manner so as to expose a worker in an immediately adjacent, open field. 

(h) Notwithstanding that the application is done in a manner consistent with the label or labeling, it is a violation of this chapter to directly apply a pesticide to a site where an application has not been: (1) requested, ordered, contracted for, or permitted; or (2) performed pursuant to paragraph (c), clause (2), (3), or (4).