Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Commercial use.
Any GEO that has passed the USDA procedure for delisting by
petition, or similar procedures of the USDA or other federal regulatory
agencies, may be considered for a commercial use exemption. Releases where the
primary goal is experimental or developmental do not fall in this
category.
Subp. 2.
Procedures.
Granting of exemptions must be based on federal delisting or
deregulation, experience from past releases, and the considerations in part
1558.0030, subpart
1. GEOs that have a
commercial use exemption need not obtain a release permit.
A. An applicant must submit any federal
documents needed to address the considerations in part
1558.0030, subpart
1.
B. Supplemental notice of Federal Register
items regarding delisting or deregulation of agriculturally related GEOs must
be published in the EQB Monitor and sent to the Minnesota Department of
Agriculture GEO mailing list. The Minnesota Department of Agriculture shall
accept comments during the federal comment period. Notice of the exemption of
GEOs to allow for commercial use must be published in the EQB Monitor at least
30 days prior to commercial use.
C.
The commissioner may require additional use conditions or marketing limits to
mitigate or lower risk for adverse effects on humans or the environment
resulting from commercial use of a GEO.
D. The commissioner may allow an exemption
from item A, B, or C for commercial use of individual GEOs or classes of GEOs
based on a history of past releases. There will be public notice in the first
available EQB Monitor for individual exemptions. For class exemptions there
must be a 30-day public comment period.
E. The commissioner may reject an application
for a GEO commercial use exemption based on adverse effects on humans or the
environment.
F. The commissioner
may modify, suspend, or revoke the commercial use exemption should any evidence
of unreasonable adverse effects on human health or the environment be
observed.