The rulemaking process utilized by the MDA provides three opportunities for public involvement:

  1. When the Request for Comments (RFC) is published in the State Register, it communicates general ideas for the rulemaking. This is an opportunity for stakeholders to provide formal comments and input on the rulemaking ideas that may narrow or broaden the scope of the project. Stakeholder data or other relevant information can be submitted at this time. An example of information submitted could be relevant cost information for implementing the general ideas announced in the RFC. MDA encourages stakeholder participation at this early stage of the process so that relevant information can be considered as decisions that shape the rule are made.
  2. During this phase of the rulemaking, MDA generally develops a preliminary draft of rule language and makes it available for at least one informal public comment period. Throughout this phase, stakeholder meetings may be held and informal comments may be submitted.
  3. When a Notice of Intent to Adopt Rules is published, it signals the final opportunity for stakeholder input, unless a hearing is held. The published notice will indicate the relevant submittal deadlines. At this stage, a complete Statement of Need and Reasonableness (SONAR) and draft rule are made available for formal public comment.

The Agency can proceed with a public hearing or without one. If held, the public hearing provides an additional formal opportunity for stakeholders to testify or submit written testimony in front of an Administrative Law Judge who presides over the hearing.

On completion, MDA will publish final adoption of rules. Most rules become effective five working days after they appear in the State Register.

Check with the agency contact person to inspect written comments, written requests for a public hearing, and names of parties who requested a public hearing.


Rule Number and Title: 21-9024-36778; Pesticide Licensing
Subject Matter: Pesticide Licensing Exemption
Brief Rule Summary: The Minnesota Pesticide Control Law requires person applying pesticide for “hire” be licensed as a commercial pesticide applicator. Antimicrobials such as disinfectants or biocides having EPA Reg. No. are considered registered pesticide products. If you are commercially (for hire) applying these products to control mold, bacteria, or other microbes including COVID-19, you need pesticide applicator license with the Core category (A) and Antimicrobial category (I).

Due to the current evolving COVID-19 situation in Minnesota, the Minnesota Department of Agriculture (MDA) is committed to the health and the safety of our communities. The MDA is currently working to exempt the pesticide applicator license requirement for the control of COVID-19 in the state. This exemption will remain in effect for one year. The MDA reminds that it is the responsibility of the user to carefully read, understand, and follow the label of pesticide products. For instance, keep these products out of reach of children and pets.

This exemption is not applicable to those who commercially apply pesticide to treat pests in HVAC systems, cooling towers in industrial, commercial and institutional buildings, residence, and other buildings to prevent, destroy repel or mitigate indoor mold, bacteria, or other microbes except COVID-19.

Agency Contact Person Current status of proposed rule and any agency determinations Next opportunity for public comment Timetable for adoption Notices published Public hearing schedule
Roger Mackedanz Agency has submitted to OAH for approval. Five day comment period starting 3/19/2020. MDA submitted to OAH 3/19/2020. There is a five day comment period after which OAH can approve. Notice of Pesticide Rule No public hearing scheduled. Rule is under Minn. Stat. 14.388. Public Safety and Health Rule Exemption.

 


Acronyms:

 

  • GO – Governor’s Office
  • MMB – Minnesota Management and Budget
  • OAH – Office of Administrative Hearings
  • RFC – Request for Comments
  • SONAR – Statement of Need and Reasonableness
  • SR – Minnesota State Register