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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 is considering new rules relating to waste treated seeds. This rulemaking is referred to as the Waste Treated Seed rule.

The MPCA published a Request for Comments (RFC) on August 28, 2023, announcing its intent to undertake rulemaking; we anticipated the creation of a range of rule parts (Minn. R. 7035.3700-7035.3900) to house the requirements.

A second RFC was published on December 26, 2023. The main purpose of the second RFC was to expand the range of amendments from specific chapter 7035 rule parts to include all of chapters 7035 and 7045. This helps ensure that amendments being considered for waste treated seeds can be included throughout chapters 7035 and 7045, where appropriate, as the MPCA develops the rule amendments.

Procedural rulemaking documents

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 some guidance related to waste treated seed management:

During this rulemaking the MPCA may consider this guidance, all other information received by the MPCA on this topic since publication of that fact sheet, and comments received during the rulemaking process to draft a reasonable fair, and environmentally protective rule to comply with the legislatively mandated rulemaking requirement.

Schedule

DatesTask(s)
Aug. 28, 2023Request for Comments published in the State Register; public comment period closed Oct. 27, 2023
Dec. 26, 2023Second Request for Comments published in the State Register; public comment period closed Jan. 30, 2024
November 2023 – October 2024Draft rule language and SONAR
December 30, 2024Publish dual notice and proposed draft of amendments in State Register
TBDFinal adoption of rules
10377: GovDelivery: rulemaking waste treated seeds MNPCA_524
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