The rulemaking process is a formal process involving reviews by the governor, public comment periods and steps for public notification. The regulations will be developed through a formal rule writing process. The Minnesota Department of Agriculture (MDA) estimates that the rulemaking process will take 3 years and the rule will go into effect in 2018.
Acronyms Used in Diagram:
SONAR, Statement of Need and Reasonableness
MMB, Minnesota Management & Budget
OAH, Office of Administrative Hearings
The rulemaking process is laid out in Minnesota Statutes 14 and Minnesota Rules 1400. The tan boxes represent check-in points with the Governor's office on the status of the rule. Green boxes demonstrate formal notice from the agency to the public on the status and the content of the rule. These also represent formal comment periods for stakeholders to comment on the rule (see Public Participation for more information about public comment periods). The purple arrow represents the time the MDA will actually develop the rules and the Statement of Need and Reasonableness (SONAR). The blue boxes represent two possibilities, a public hearing and no public hearing. The MDA may be required to hold a public hearing if more than 25 requests for a hearing are received during the formal comment period for the Notice of Intent to Adopt Rules. This would be the last formal comment period on the rule. If less than 25 comments are received, there will be no public hearing.
There are 3-4 opportunities for public participation throughout the rulemaking process. The first opportunity occurred during the Request for Comments period, October 2015- January 2016. The second opportunity will occur June 7 - August 25, 2017, during the development of the rule and SONAR (Statement of Need and Reasonableness). Once the final proposed rule is posted individuals may respond to the Notice of Intent to Adopt Rules. This will occur in early 2018. If a hearing is held, stakeholders will have a fourth opportunity to comment on the proposed rule.
Fertilizer Technical Unit Supervisor
Pesticide & Fertilizer Management Division