Minnesota Treated Seed Rule Withdrawn

LINCOLN, Neb. (DTN) -- The state of Minnesota this week withdrew a rule that would have regulated the disposal of waste pesticide-treated seed, after an administrative law judge in the state disapproved of the rulemaking in May 2025.

On May 12, 2025, the judge rejected the rulemaking because that state failed to meet two requirements.

The Minnesota Pollution Control Agency did not hold an in-person public hearing in "an agricultural area" leading up to the rulemaking, according to the ruling from administrative law judge Suzanne Todnem.

In addition, the judge said a proposed setback distance from water for where treated seeds should be buried for disposal "was unsupported by the evidence."

The proper disposal of waste pesticide-treated seeds came into greater focus when an ethanol plant in Mead, Nebraska, closed after a pipe break in the winter of 2020 and a series of environmental problems at the plant. The 24-million-gallon AltEn plant in eastern Nebraska used discarded seeds treated with pesticides and fungicides to produce ethanol. High levels of the chemicals were found in lagoons and in piles of wet distillers grains at the plant.

In October 2023, the Biden U.S. Environmental Protection Agency asked for public input on whether pesticide-treated seed should be regulated. The same week, the U.S. District Court for the District of Northern California granted a motion by agriculture groups to intervene in a lawsuit filed by the Center for Food Safety and Pesticide Action Network North America to force EPA to regulate pesticide-treated seed.

The court granted summary judgement to the EPA on Nov. 21, 2024, and the case was appealed to the U.S. Court of Appeals for the Ninth Circuit where it is pending.

Agriculture groups in Minnesota celebrated the state's Monday decision to withdraw the rule. The Minnesota Soybean Growers Association and the Minnesota Corn Growers Association said in a news release they have contended that unused and unsold treated seeds do not meet the definition of solid waste and disposal of those seeds is "not a big enough problem" to warrant a state rulemaking. The rulemaking was originally proposed by the Minnesota Legislature.

"The withdrawal of the treated seed rulemaking process is a win for the farm groups who have argued against this misguided policy since first proposed at the legislature," said Wesley Beck, president of the Minnesota Corn Growers Association.

"Treated seed is a vital crop production tool for Minnesota's corn farmers, who responsibly steward the product and use it judiciously given its cost."

Darin Johnson, president of the Minnesota Soybean Growers Association, said in a statement that the state agency was "grossly overestimating" the amount of unused and unsold treated seed in the state to "justify this new regulatory process." Johnson, who operates a farm in Wells, Minnesota, testified during a public hearing held by the agency.

Joe Smentek, executive director of the Minnesota Soybean Growers Association, said the withdrawal of the rule was one of the most crucial regulatory wins in his 12 years with the association.

"It's one less regulation that farmers have to deal with, which is huge for our farmers," Smentek said in a statement.

Read more on DTN:

"EPA Considers Treated Seed Rulemaking," https://www.dtnpf.com/…

"Seed Companies Volunteer to Clean Up Mead," https://www.dtnpf.com/…

Todd Neeley can be reached at todd.neeley@dtn.com

Follow him on social platform X @DTNeeley

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