2006 Minnesota Code
Chapters 17 - 43 Agriculture
Chapter 18D Agricultural Chemical Liability
Section 18D.01 DEFINITIONS.

18D.01 DEFINITIONS.
Subdivision 1. Definitions in chapters 18B, 18C, and 18F apply. The definitions in
chapters 18B, 18C, and 18F apply to this chapter.
Subd. 2. Applicability of definitions in this section. The definitions in this section apply
to this chapter.
Subd. 3. Agricultural chemical. "Agricultural chemical" means a pesticide as defined under
chapter 18B or a fertilizer, agricultural liming material, plant amendment, or soil amendment as
defined under chapter 18C.
Subd. 3a. Contaminated media. "Contaminated media" means any soil, water, sediment,
debris, or other material which contains an agricultural chemical at a concentration that may
cause unreasonable adverse effects on the environment and is not the result of a legal use, as
determined by the commissioner.
Subd. 4. Corrective action. "Corrective action" means an action taken to minimize,
eliminate, or clean up an incident.
Subd. 5. Hazardous waste. "Hazardous waste" means a substance identified or listed as
hazardous waste in the rules adopted under section 116.07, subdivision 4.
Subd. 6. Incident. "Incident" means a flood, fire, tornado, transportation accident, storage
container rupture, portable container rupture, leak, spill, emission, discharge, escape, disposal,
or other event that releases or immediately threatens to release an agricultural chemical
accidentally or otherwise into the environment, and may cause unreasonable adverse effects on
the environment. Incident does not include a release resulting from the normal use of a product
or practice in accordance with law.
Subd. 7. Owner of real property. "Owner of real property" means a person who is in
possession of, has the right of control, or controls the use of real property, including without
limitation a person who may be a fee owner, lessee, renter, tenant, lessor, contract for deed
vendee, licensor, licensee, or occupant.
Subd. 8. Person. "Person" means an individual, firm, corporation, partnership, association,
trust, joint stock company, or unincorporated organization, the state, a state agency, or a political
subdivision.
Subd. 9. Provision of this chapter. "Provision of this chapter" means a provision of this
chapter, chapter 18B, 18C, 18F, or a rule adopted under those chapters.
Subd. 10. Responsible party. "Responsible party" means a person who at the time of an
incident has custody of, control of, or responsibility for a pesticide, fertilizer, pesticide or fertilizer
container, or pesticide or fertilizer rinsate.
History: 1989 c 326 art 7 s 1; 1990 c 561 s 12; 1991 c 250 s 19,20; 1995 c 95 s 4