Waste treated seeds

Revisor ID: R-04806

Under Laws of Minnesota 2023, chapter 60, article 3, section 28, “the commissioner of the Pollution Control Agency, in consultation with the commissioner of agriculture and the University of Minnesota, must adopt rules under Minnesota Statutes, chapter 14, providing for the safe and lawful disposal of waste treated seed. The rules must clearly identify the regulatory jurisdiction of state agencies and local governments with regard to such seed.”

The MPCA considered new rules relating to waste treated seeds. This rulemaking was referred to as the Waste Treated Seeds rule.

On May 12, 2025 Administrative Law Judge Todnem disapproved the proposed rules. The MPCA published a formal withdrawal of the rules on Nov. 3, 2025. 

What requirements were missed? Why were proposed amendments rejected?

• the agency did not hold an in-person public hearing in an agricultural area
• the setback distance proposed (i.e., how far away from water the seeds need to be buried for disposal) was unsupported by the evidence

As a result, the MPCA withdrew the following proposed amendments: Minnesota Rules, parts 7035.0300, 7035.2525, 7035.2535, 7035.2815, 7035.2836, 7035.3700, 7045.0020, and 7045.0120. 

15391: GovDelivery: rulemaking waste treated seeds MNPCA_524

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Procedural rulemaking documents

November 2025

• Notice of withdrawal

June 2025

• Chief Administrative Law Judge’s report from the Waste Treated Seed hearing (sw-rule3-02m)

April 2025

• Post rule hearing comments (sw-rule3-02k)
• Hearing exhibit M: Hearing and post-hearing response to comments (sw-rule3-02j)

March 2025

• Rule hearing transcript (sw-rule3-02l)

  March 5, 2025
• Hearing exhibits (sw-rule3-02i1)
• Hearing exhibit L: Pre-hearing response to comments (sw-rule3-02i31)

February 2025

• Comments received in response to Dual Notice of Intent to Adopt Rules (sw-rule3-02h)

December 2024

• Dual notice of intent to adopt rules (sw-rule3-02e)
• Certified Revisor copy of the proposed rules (sw-rule3-02f)
• Statement of need and reasonableness (SONAR) (sw-rule3-02g)

December 2023

• Comments received in response to Second Request for Comments (sw-rule3-02d)
• Second Request for Comments (sw-rule3-02c)

  Dec. 2023

August 2023

• Comments received in response to Request for Comments (sw-rule3-02b)
• Request for Comments Revisor's ID Number R-04806 (sw-rule3-02a)

  Aug. 2023

Background

Treated seeds are seeds, including grain, forage, oil-plant, and vegetable seeds, that have been treated with pesticides or fungicides. Treated seeds can usually be identified by their distinctive color. Federal law requires that a distinctive color be applied to seeds that are treated and sold.

While the Minnesota Department of Agriculture (MDA) and the U.S. Environmental Protection Agency (EPA) regulate the pesticides and fungicides that are used to treat seeds, treated seeds themselves are effectively exempt from the majority of those requirements. When planted normally for crops, treatments applied to seeds help them grow quickly and productively, and reduce the need for spraying or other application of agricultural chemicals.

However, if treated seeds cannot be planted for crops, they may need to be disposed of properly. Proper management of waste treated seed is important to avoid concentrating the small amount of chemicals on each seed and causing contamination or other environmental risks.

The MPCA has previously published guidance related to waste treated seed management:

• Treated seed (w-hw4-51)

Schedule