1.1.................... moves to amend H.F. No. 1587, the first engrossment, as follows:
1.2Page 24, delete section 61 and insert:

1.3    "Sec. 61. Minnesota Statutes 2022, section 18H.14, is amended to read:
1.5(a) Plants, plant materials, or nursery stock must not be labeled or advertised with false
1.6or misleading information including, but not limited to, the scientific name, variety, place
1.7of origin, and hardiness zone as defined by the United States Department of Agriculture,
1.8and growth habit.
1.9(b) All nonhardy nursery stock as designated by the commissioner must be labeled
1.10correctly for hardiness or be labeled "nonhardy" in Minnesota.
1.11(c) A person An entity may not offer for distribution plants, plant materials, or nursery
1.12stock, represented by some specific or special form of notation, including, but not limited
1.13to, "free from" or "grown free of," unless the plants are produced under a specific program
1.14approved by the commissioner to address the specific plant properties addressed in the
1.15special notation claim.
1.16(d) Nursery stock collected from the wild state must be inspected and certified prior to
1.17sale and at the time of sale must be labeled "Collected from the Wild." The label must remain
1.18on each plant or clump of plants while it is offered for sale and during the distribution
1.19process. The collected stock may be grown in nursery rows at least two years, after which
1.20the plants may be sold without the labeling required by this paragraph.
1.21(e) A person selling at retail or providing to an end user An entity may not label or
1.22advertise an annual plant, bedding plant, or other plant, plant material, or nursery stock as
1.23beneficial to pollinators if the annual plant, bedding plant, plant material, or nursery stock
2.1(1) been treated with a systemic insecticide that:
2.2(i) has a pollinator protection box on the label; or
2.3(ii) has a pollinator, bee, or honey bee precautionary statement in the environmental
2.4hazards section of the insecticide product label; and
2.5(2) a concentration in its flowers or leaves greater than the no observed adverse effect
2.6level of a systemic insecticide reference value.
2.7The commissioner shall enforce this paragraph as provided in chapter 18J.
2.8    (f) For the purposes of paragraph (e):
2.9    (1) "systemic insecticide" means an insecticide that is both absorbed by the plant and
2.10translocated through the plant's vascular system; and
2.11    (2) "no observed adverse effect level" means the level established by the United States
2.12Environmental Protection Agency for acute oral toxicity for adult honeybees "reference
2.13value" means the most appropriate value determined by the commissioner of agriculture
2.14based on the commissioner's review of pollinator protective reference values published or
2.15approved by the United States Environmental Protection Agency. If a United States
2.16Environmental Protection Agency reference value is not available for a specific systemic
2.17insecticide or is not appropriate for use in Minnesota or for a specific type of plant, plant
2.18material, or nursery stock, the commissioner may consider reference values from other
2.19states, peer-reviewed literature, or other appropriate sources."