If you can verify through records presented to the MDA that neither your practices nor those of your sources resulted in treatment of plant material with systemic insecticides having the indicated label language, the MDA will consider the records in determining compliance with the law in the event that concentrations exceed levels of concern. Systemic insecticide contamination in plant material from sources other than treatment could include contaminated soil, irrigation water, and application equipment, or application drift from products applied to other plants. Plants (and their bedding material, containers, and treatment equipment) destined for labeling as attractive or beneficial to pollinators should be isolated during production and treatment from contamination from systemic insecticides that carry the indicated label language.
A nursery that advertises plants as beneficial (including the term attracts) to pollinators will be expected to provide documentation on all insecticide products used in the production of those plants. In addition, the MDA may initiate sampling of the plant to determine if there are detectable levels of the specified systemic insecticides.
A nursery that advertises plants as beneficial (including the term attracts) to pollinators will be expected to provide documentation on all insecticide products used in the production of those plants. In addition, the MDA may initiate sampling of the plant to determine if there are detectable levels of the specified systemic insecticides.
The statute applies at the point of sale in Minnesota, no matter what the source or sources of the plants are, and the Minnesota vendor is responsible for compliance.
The statute applies at the point of sale in Minnesota, no matter what the source or sources of the plants are, and the Minnesota vendor is responsible for compliance.
The seller at the point of sale is responsible for correct labeling. You may be requested to provide proof the plants have not been treated with a systemic insecticide and your plants may be subject to random sampling and testing to confirm there is no detectable level of systemic insecticide in the plants. If upon receipt of the plants you remove the tags, you would not be advertising that the plants are “beneficial to pollinators” and they would not be subject to testing.
The seller at the point of sale is responsible for correct labeling. You may be requested to provide proof the plants have not been treated with a systemic insecticide and your plants may be subject to random sampling and testing to confirm there is no detectable level of systemic insecticide in the plants. If upon receipt of the plants you remove the tags, you would not be advertising that the plants are “beneficial to pollinators” and they would not be subject to testing.
You can only describe your plant production process such as “we don’t use neonicotinoid chemicals on our plants” or “we are committed to reducing the amount of neonicotinoids and/or systemic insecticides used in the production of our plants.” You cannot make any claims as to plant characteristics such as “free from,” “grown without,” “produced without the use of…” or other plant properties unless the plants are produced under a specific program approved by the commissioner to address the specific plant properties addressed in the special notation claim.
You can only describe your plant production process such as “we don’t use neonicotinoid chemicals on our plants” or “we are committed to reducing the amount of neonicotinoids and/or systemic insecticides used in the production of our plants.” You cannot make any claims as to plant characteristics such as “free from,” “grown without,” “produced without the use of…” or other plant properties unless the plants are produced under a specific program approved by the commissioner to address the specific plant properties addressed in the special notation claim.
Special claims for advertising or labeling plants are regulated by a different part of the Nursery Law: Chapter 18H.14 (c), that allows certified nurseries to use these special-claim programs provided the program is reviewed and approved by the Commissioner of Agriculture before implementation.