Subdivision 1. Requirement. A person may not conduct a release of a genetically engineered fertilizer, genetically engineered soil amendment, or genetically engineered plant amendment in any amount in the state until a permit for the release has been obtained from the commissioner under this section, a registration has been obtained under section 18C.411, or a license has been obtained under section 18C.415. A release of a genetically engineered fertilizer, genetically engineered soil amendment, or genetically engineered plant amendment must have a permit under this section until the commissioner determines by rule or order that the release may be subject to sections 18C.411 and 18C.415, or is otherwise exempt from this section. Each new release requires a new permit.
Subd. 2. Permit application and review. (a) After reviewing a completed application, the commissioner may issue a genetically engineered fertilizer, genetically engineered soil amendment, or genetically engineered plant amendment permit if the commissioner determines that the applicant has adequately demonstrated that the proposed release does not have the potential for unreasonable adverse effects on the environment. The commissioner may prescribe terms and conditions including, but not limited to, the period for the genetically engineered fertilizer, genetically engineered soil amendment, or genetically engineered plant amendment permit, the amount or number of genetically engineered fertilizer, genetically engineered soil amendment, or genetically engineered plant amendment to be used, monitoring activities, department inspection schedules, reporting of experiment results, and experiment termination procedures. A person may not violate terms or conditions of a permit issued under this section. After a genetically engineered fertilizer, genetically engineered soil amendment, or genetically engineered plant amendment permit is issued, the commissioner may revoke or change the permit at any time if the commissioner finds that its terms or conditions are being violated or are inadequate to avoid unreasonable adverse effects on the environment.
(b) The commissioner may deny issuance of a genetically engineered fertilizer, genetically engineered soil amendment, or genetically engineered plant amendment permit if the commissioner determines that the use to be made of the genetically engineered fertilizer, genetically engineered soil amendment, or genetically engineered plant amendment under the proposed terms and conditions may cause unreasonable adverse effects on the environment.
Subd. 3. Application. A person shall file an application for a genetically engineered fertilizer, genetically engineered soil amendment, or genetically engineered plant amendment permit with the commissioner. An application for a genetically engineered fertilizer, genetically engineered soil amendment, or genetically engineered plant amendment permit must include:
(1) the name and address of the applicant;
(2) any United States Environmental Protection Agency, United States Department of Agriculture, or other federal agency regulatory application or approval document, if required under federal law or rule;
(3) the purpose or objectives of the product;
(4) the name, address, and telephone number of cooperators or participants in this state;
(5) the amount of material to be shipped or used in this state; and
(6) other information requested by the commissioner.
1991 c 250 s 17
Structure Minnesota Statutes
Chapters 17 - 43 — Agriculture
Chapter 18C — Fertilizer, Soil Amendment, And Plant Amendment
Section 18C.005 — Definitions.
Section 18C.110 — Preemption Of Local Law.
Section 18C.111 — Powers And Duties Of Commissioner.
Section 18C.115 — Adoption Of National Standards.
Section 18C.131 — Fertilizer Inspection Account.
Section 18C.135 — Application Of Requirements To Sewage Sludge And Compost.
Section 18C.141 — Soil And Manure Testing Laboratory Certification.
Section 18C.201 — Prohibited Fertilizer Activities.
Section 18C.205 — Chemigation.
Section 18C.211 — Guaranteed Analysis.
Section 18C.215 — Fertilizer Labeling.
Section 18C.221 — Fertilizer Plant Food Content.
Section 18C.225 — Misbranded Products.
Section 18C.231 — Adulteration.
Section 18C.235 — Storage, Handling, Disposal, And Incident Response Plan.
Section 18C.301 — Mixing Pesticide With Fertilizer, Soil Amendment, Or Plant Amendment.
Section 18C.305 — Fertilizer Facilities.
Section 18C.401 — General Licensing And Registration Conditions.
Section 18C.405 — Protection Of Trade Secrets.
Section 18C.411 — Registration Of Specialty Fertilizers, Soil Amendments, And Plant Amendments.
Section 18C.415 — Fertilizer Licenses.
Section 18C.421 — Tonnage Report.
Section 18C.425 — Application And Inspection Fees.
Section 18C.430 — Commercial Animal Waste Technician.
Section 18C.432 — Manure Applicator Education And Training.
Section 18C.433 — Commercial Animal Waste Application.
Section 18C.531 — Definitions.
Section 18C.535 — Powers And Duties Of Commissioner.
Section 18C.551 — Application, Sampling, And Inspection Fees.
Section 18C.555 — Tonnage Report.
Section 18C.561 — Sampling Methods.
Section 18C.565 — False Or Misleading Statements.
Section 18C.571 — Adulteration.
Section 18C.60 — Phosphorous Turf Fertilizer Use Restrictions.
Section 18C.61 — Fertilizer Application To Impervious Surface; Prohibition.
Section 18C.70 — Minnesota Agricultural Fertilizer Research And Education Council.
Section 18C.71 — Minnesota Agricultural Fertilizer Research And Education Program.
Section 18C.80 — Agricultural Fertilizer Research And Education Account.