The MDA is seeking public comments regarding neonicotinoid-treated seed.
On Jan. 16, 2026, the Ramsey County Second Judicial District Court ordered the MDA to initiate the “appropriate administrative proceedings to consider and make findings and an order concerning the adequacy of its rules to protect natural resources from contamination allegedly resulting from the use of neonicotinoid-treated crop seeds.
The MDA seeks public comments specifically related to the following question:
Whether Minnesota Rules Chapter 1505 adequately protects Minnesota’s natural resources from pollution, impairment, or destruction allegedly resulting from the use of neonicotinoid-treated crop seeds, when considering the Rule within the context of all relevant state and federal environmental protections related to pesticides and neonicotinoid-treated seeds. Summaries of Minnesota Rules Chapter 1505 and other laws and rules related to pesticide and neonicotinoid-treated seed are provided below for context.
When submitting comments, please provide any supportive data or other information. Comments that express only support or opposition to neonicotinoid-treated seed, without providing further information for the MDA to consider, will not assist the MDA in its decision-making.
Comments must be received by July 31, 2026. Submit comments through the online comment form, by email (Subject: Treated Seed Rules) to TreatedSeed.MDA@state.mn.us or by letter to:
Molly Darlington
Research Scientist | Pesticide Technical Unit
Minnesota Department of Agriculture
625 Robert Street North
St. Paul, MN 55155
Federal Statutes and Rules
The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C § 136 – 136y, see also 40 C.F.R. pts. 150 – 180) regulates the registration, distribution, sale, and use of pesticides in the United States (U.S.) to ensure they do not pose unreasonable risks to human health or the environment. The Federal Seed Act (FSA) (7 U.S.C. § 1551 – 1611, see also 7 C.F.R. pt. 201) regulates interstate and foreign shipments of agricultural and vegetable seeds in the U.S. by requiring accurate labeling and prohibiting the sale of misbranded or adulterated seeds to ensure quality and protect consumers.
FIFRA regulates pesticides used to treat seeds through the point of application. After seeds are coated, they are considered “treated articles” and are exempt from FIFRA pesticide regulations (40 C.F.R. § 152.25(a)). As a result, pesticide-treated seeds, including those treated with neonicotinoids, are federally regulated by the FSA similarly to untreated seeds.
Minnesota Statutes and Rules
The MDA derives its authority through statutes and rules. Statutes are enacted by the Minnesota Legislature, while the executive branch, such as the MDA, may write and adopt rules when authorized by the Legislature. Although the processes for creating statutes and rules differ, adopted rules have the force of the law but cannot override statute.
Minnesota Pesticide Control Law
The Minnesota Pesticide Control Law (MINN. STAT. 18B) grants MDA authority over pesticide use, storage, enforcement, and training, and pesticide products sales, fees, and registrations. Minnesota Pesticide Control Law specifically mentions pesticide-treated seed in one definition (MINN. STAT. 18B.01, subd. 31) and one statute (MINN. STAT. 18B.075).
Minnesota Pesticide Rules - Chapter 1505
Rules promulgated by the MDA related to pesticides are under MINN. R. 1505. Rules exist covering private pesticide applicator certifications and prohibitions, agricultural chemical chemigation safety, and bulk pesticide storage.
Minnesota Seed Law
The Minnesota Seed Law (MINN. STAT. 21.80 – 21.92) grants MDA authority over seed and addresses seed label requirements, unlawful acts, recordkeeping, fees, permitting, and a framework for seed testing. The Minnesota Seed Law specifically mentions treated seed in one definition (MINN. STAT. 21.81, subd. 28) and four statutes (MNN. STAT. 21.82, subd. 3; MINN. STAT. 21.83, subd. 3; MINN. STAT. 21.86, subd. 2(h); and MINN. STAT. 21.915).
Minnesota Seed Rules - Chapter 1510
Rules promulgated by the MDA related to seed are under MINN. R. 1510. Rules exist covering the labeling of seed, seed bins, and containers, prohibitions on advertising, and standardization of germination testing procedures.
Neonicotinoid - Treated Seed in Minnesota
Due to the treated article exemption under FIFRA, pesticide-treated seed is primarily regulated by the Minnesota Seed Law at the state level. While the MDA may register the treating pesticide, the MDA does not register pesticide-treated seeds or track sales or use. In 2023, the Minnesota Legislature amended the Pesticide Control Law to include a provision about proper use, storage, handling, distribution, and disposal of pesticide-treated seed (MINN. STAT. 18B.075).
