This information has been prepared by the Minnesota Department of Agriculture (MDA) to provide guidance to Licensed Pesticide Dealers who are required to maintain a Pesticide Dealers License. This guidance is intended to supplement - not replace - the Minnesota Pesticide Control Law and related rules. Laws and rules governing the Pesticide Dealer License program are the Pesticide Control Law 18B; and Agricultural Chemical Liability Law 18D; Minnesota Agricultural Chemical Response and Reimbursement Law 18E and Minnesota Rules 1505.
When is an MDA Dealer License needed?
Dealers must maintain a MDA issued Pesticide Dealer License to offer for sale or sell restricted use pesticides (RUP) and/or bulk pesticides to Minnesota end users.
A Dealer may offer for sale or sell RUP and/or bulk pesticides to Minnesota end users from one or more facilities, or a location outside of Minnesota. Regardless of the sales location, which may be a fixed site in Minnesota, out state, by catalog, or internet site a Dealer must maintain a valid Pesticide Dealer License to sell RUP or bulk pesticides to Minnesota end users.
A Dealer selling RUP or bulk pesticides from two or more facilities located within the same locality or political subdivision, needs only one Pesticide Dealer License, although each location is listed on the license. A Dealer selling from two or more facilities which are not located within the same locality or political subdivision must obtain a Pesticide Dealer License for each site. The Pesticide Control Law (Minn. Stat. Ch. 18B.31) states:
- Subd. 1, no fixed location may offer for sale or sell a restricted use or bulk pesticide to a pesticide end user without a pesticide dealer license.
- Subd. 1 (d), a pesticide dealer license is required for an individual not located in Minnesota who offers for sale or sells a restricted use or bulk pesticide to a pesticide end user located in Minnesota.
- Subd. 1 (e), Only one pesticide dealer license is required per fixed location from which a restricted use or bulk pesticide is offered for sale or sold to a pesticide end user.
- Subd. 9a, defines a fixed location as all stationary restricted and bulk pesticide facility operations owned or operated by a person located in the same plant location or locality.
How to obtain a license
A Pesticide Dealer License is valid for one year. The license expires January 31st of each year. The license is not transferable to another person or location, and must be prominently displayed to the public in the Dealer’s place of business.
Complete and submit an application
Fill out the entire application including: license holder information, sales categories, location of all storage sites and workers compensation information. Be sure to sign the completed application form. Incomplete applications delay license issuance.
Mail in the completed application form with a check made payable to the MDA.
A new application can also be completed online at the MDA web site. Pay fees with a Visa or Master Charge credit card or by e check.
Dealers must renew their license each year. Renewal application forms are mailed on or about December 15th each year.
Dealers return the renewal license forms with check payment by mail.
A Dealer whose company name or address has changed must write changes/corrections onto the paper renewal form in red ink, strike old or outdated information.
Mailed-in renewals and payments must be received by the MDA on or before January 31st or a late fee will be assessed.
Other Dealers Requirements
Dealers must verify each end-user purchasing an RUP has a valid license or certification before selling or allowing delivery. Contact the MDA by phone 651-201-6137 or use MDA’s “License Lookup” to verify an applicators license/certification status.
Dealers must record all RUP sales to end-users with required information and in a required format by the end of the business day the RUP is made available. Dealers must maintain a complete and final copy of the year’s Report of RUP sales on-site for 5 years.
Dealers operating from multiple locations must not consolidate sales records from various sites.
Dealers must confirm fumigation products are only sold to: 1) a certified private pesticide applicator with a fumigation endorsement; or 2) a licensed pesticide applicator.
Each dealer must display their license in a prominent location and post the MDA approved RUP placard stating “Restricted Use Pesticide - - User Must Be Certified”. The MDA provides placards at no charge to pesticide dealers. A Dealer storing bulk pesticides is required to maintain an updated incident response plan. The plan should describe in detail your storage, handling, disposal practices and procedures for pesticide, fertilizer, soil amendment, plant amendment, and anhydrous products being stored. The plan must be kept in a prominent location at the storage facility or business, accessible to all employees.