Subdivision 1. Requirement. (a) Except for a licensed commercial or noncommercial applicator, only a certified private applicator may use a restricted use pesticide to produce an agricultural commodity:
(1) as a traditional exchange of services without financial compensation;
(2) on a site owned, rented, or managed by the person or the person's employees; or
(3) when the private applicator is one of two or fewer employees and the owner or operator is a certified private applicator or is licensed as a noncommercial applicator.
(b) A person may not purchase a restricted use pesticide without presenting a license card, certified private applicator card, or the card number.
(c) A person certified under this section is considered qualified and is not required to verify, document, or otherwise prove a particular need prior to use, except as required by the federal label.
Subd. 2. Certification. (a) The commissioner shall prescribe certification requirements and provide training that meets or exceeds United States Environmental Protection Agency standards to certify private applicators and provide information relating to changing technology to help ensure a continuing level of competency and ability to use pesticides properly and safely. The training may be done through cooperation with other government agencies and must be a minimum of three hours in duration.
(b) A person must apply to the commissioner for certification as a private applicator. After completing the certification requirements, which must include an examination as determined by the commissioner, an applicant must be certified as a private applicator to use restricted use pesticides. The certification shall expire March 1 of the third calendar year after the initial year of certification.
(c) The commissioner shall issue a private applicator card to a private applicator.
Subd. 3. Fees. (a) A person applying to be certified as a private applicator must pay a nonrefundable $10 application fee for the certification period.
(b) A $5 fee must be paid for the issuance of a duplicate private applicator card.
1987 c 358 s 78; 1989 c 326 art 5 s 45,46; 1993 c 367 s 9; 1995 c 95 s 3; 1997 c 131 s 3; 2001 c 7 s 12; 2002 c 373 s 8; 2010 c 333 art 1 s 8; 2017 c 88 art 2 s 19
Structure Minnesota Statutes
Chapters 17 - 43 — Agriculture
Chapter 18B — Pesticide Control
Section 18B.02 — Preemption Of Local Law.
Section 18B.03 — Powers And Duties Of Commissioner.
Section 18B.04 — Pesticide Impact On Environment.
Section 18B.045 — Pesticide Management Plan.
Section 18B.05 — Pesticide Regulatory Account.
Section 18B.051 — Pollinator Research Account.
Section 18B.055 — Compensation For Bees Killed By Pesticide; Appropriation.
Section 18B.063 — State Uses Of Pesticides And Nutrients.
Section 18B.064 — Pesticide Use Information.
Section 18B.065 — Waste Pesticide Collection Program.
Section 18B.07 — Pesticide Use, Application, And Equipment Cleaning.
Section 18B.09 — Pesticide Application In Cities.
Section 18B.095 — Pesticide Application In Schools.
Section 18B.10 — Action To Prevent Groundwater Contamination.
Section 18B.11 — Sale Or Use Of Tcdd.
Section 18B.115 — Sale Or Use Of Chlordane Or Heptachlor.
Section 18B.12 — Sale And Distribution Of Adulterated Pesticides.
Section 18B.13 — Sale And Distribution Of Misbranded Pesticides And Devices.
Section 18B.135 — Sale Of Pesticides In Returnable Containers And Management Of Unused Portions.
Section 18B.14 — Pesticide Storage.
Section 18B.17 — Cooperative Inspection And Enforcement Agreements.
Section 18B.24 — Unsatisfied Judgments.
Section 18B.26 — Pesticide Registration.
Section 18B.27 — Pesticide Registration For Special Local Needs.
Section 18B.28 — Experimental Use Pesticide Product Registration.
Section 18B.29 — Reciprocal Licensing And Certification Agreements.
Section 18B.305 — Pesticide Education And Training.
Section 18B.31 — Pesticide Dealer License.
Section 18B.316 — Agricultural Pesticide Dealer License And Reporting.
Section 18B.32 — Structural Pest Control License.
Section 18B.33 — Commercial Applicator License.
Section 18B.34 — Noncommercial Applicator License.
Section 18B.345 — Pesticide Application On Golf Courses.
Section 18B.346 — Pesticide Application On Railroad Property.
Section 18B.35 — Application Categories Within Applicator Licenses.
Section 18B.36 — Private Applicator Certification.
Section 18B.37 — Records; Plans; Inspections.