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The state law on pesticide regulations
by Dan Gunderson, Minnesota Public Radio
February 17, 2003

Excerpts from the state law which regulates pesticide use and sale.

Moorhead, Minn. —

Subdivision 1. Pesticide dealer.

(a) A pesticide dealer must maintain records of all sales of restricted use pesticides as required by the commissioner. Records must be kept at the time of sale on forms supplied by the commissioner or on the pesticide dealer's forms if they are approved by the commissioner.

(b) Records must be submitted annually with the renewal application for a pesticide dealer license or upon request of the commissioner.

(c) Copies of records required under this subdivision must be maintained by the pesticide dealer for a period of five years after the date of the pesticide sale.

Subd. 2. Commercial and noncommercial applicators.

(a) A commercial or noncommercial applicator, or the applicator's authorized agent, must maintain a record of pesticides used on each site. Noncommercial applicators must keep records of restricted use pesticides. The record must include the:

(1) date of the pesticide use;
(2) time the pesticide application was completed;
(3) brand name of the pesticide, the United States Environmental Protection Agency registration number, and dosage used;
(4) number of units treated;
(5) temperature, wind speed, and wind direction;
(6) location of the site where the pesticide was applied;
(7) name and address of the customer;
(8) name and signature of applicator, name of company, license number of applicator, and address of applicator company; and
(9) any other information required by the commissioner.

(b) Portions of records not relevant to a specific type of application may be omitted upon approval from the commissioner.

(c) All information for this record requirement must be contained in a single page document for each pesticide application, except a map may be attached to identify treated areas. For the rights-of-way and wood preservative categories, the required record may not exceed five pages. An invoice containing the required information may constitute the required record. The commissioner shall make sample forms available to meet the requirements of this paragraph.

(d) A commercial applicator must give a copy of the record to the customer.

(e) Records must be retained by the applicator, company, or authorized agent for five years after the date of treatment.

Subd. 3. Structural pest control applicators.

(a) A structural pest control applicator must maintain a record of each structural pest control application conducted by that person or by the person's employees. The record must include the:

(1) date of structural pest control application;
(2) target pest;
(3) brand name of the pesticide, United States Environmental Protection Agency registration number, and amount used;
(4) for fumigation, the temperature and exposure time; (5) time the pesticide application was completed;
(6) name and address of the customer;
(7) name and signature of structural pest control applicator; name of company and address of applicator or company, applicator's signature, and license number of applicator; and
(8) any other information required by the commissioner.

(b) All information for this record requirement must be contained in a single-page document for each pesticide application. An invoice containing the required information may constitute the record.

(c) Records must be retained for five years after the date of treatment.

(d) A copy of the record must be given to a person who ordered the application that is present at the site where the structural pest control application is conducted, placed in a conspicuous location at the site where the structural pest control application is conducted immediately after the application of the pesticides, or delivered to the person who ordered an application or the owner of the site. The commissioner must make sample forms available that meet the requirements of this subdivision.

Subd. 4. Storage, handling, and disposal plan.

A commercial, noncommercial, or structural pest control applicator or the business that the applicator is employed by must develop and maintain a plan that describes its pesticide storage, handling, and disposal practices. The plan must be kept at a principal business site or location within this state and must be submitted to the commissioner upon request on forms provided by the commissioner. The plan must be available for inspection by the commissioner.

Subd. 5. Inspection of records.

The commissioner may enter a commercial, noncommercial, or structural pest control applicator's business and inspect the records required in this section at any reasonable time and may make copies of the records. Unless required for enforcement of this chapter, the information in the records in this section is private or nonpublic.

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