In this issue

Upper Midwest Fruit and Vegetable Growers Conference, February 2001

Efficacy Trials: Control of European corn borer in sweet corn: MN, y2k

Migrant Labor Camps in MN: Proposed New Rules

Pesticide Updates: Nova labeled for cucurbits, snap beans, etc.

Migrant Labor Camps in MN - Proposed New Rules

Rules Change for Migrant Labor Camps – Minnesota Department of Health NOTICE OF INTENT TO REPEAL RULES WITHOUT A PUBLIC HEARING

From: Division of Environmental Health, MDH

Introduction. The Department of Health intends to repeal rules without a public hearing following the procedures set forth in the Administrative Procedure Act, Minnesota Statutes, sections 14.22 to 14.28, and rules of the Office of Administrative Hearings, Minnesota Rules, parts 1400.2300 to 1400.2310. You have 30 days to submit written comments on the proposed rules and may also submit a written request that a hearing be held on the rules

Agency Contact Person: Comments or questions on the rules and written requests for a public hearing on the rules must be submitted to the agency contact person. The agency contact person is:

Subject of Rules and Statutory Authority: The department's current rules regulate the permitting of migrant labor camps along with establishing requirements for sitting, water supply, waste disposal, housing, heating, electricity, toilets, bathing, laundry, cooking and eating facilities, refuse disposal, insect and rodent control, and sleeping facilities. The department has reviewed these rules and found them to be out-of-date and in conflict with other state and federal laws.

The department adopted the Migrant Labor Camp Rules in 1968. At that time migrant housing was most often provided by the employer and located on or near the work site. This is not the case today. Migrant workers are living in apartments, motels, private and rental homes, manufactured housing, cabins, and a variety of other types of housing. Some of these housing units are provided by the employer, some are owned by the migrant workers, and others are supplied by third parties. The migrant labor camp rules do not adequately cover this broad spectrum of migrant housing.

A repeal of the rule is proposed based on a program evaluation by the department indicating that migrant labor housing issues would be better served by the wide range of rules and regulations that address housing. These existing laws include county planning and zoning ordinances, the State Building Code where adopted, manufactured home park regulations, lodging regulations, the State Plumbing Code, the Manufactured Home Building Code, the State Fire Code, and county public health nuisance ordinances. Most of these laws were promulgated after the migrant labor camp rules. These laws are in most cases more restrictive and offer better protection for migrant workers and their families than the department's migrant labor camp rules. The effective date for the repeal is proposed for January 1, 2002.

Please note that it is possible that the rule may not be repealed in its entirety if comments received during the comment period identify and document housing situations for a significant portion of the migrant worker population that are not covered by other state or federal regulations. In this case, the department will consider amending the migrant labor camp rules in such a manner that it only applies to migrant housing situations that fall outside of other housing regulation.

The statutory authority for the rules is Minnesota Statutes, section 144.12, subdivision 1, item (12), which authorizes the department to adopt rules for migrant labor camps. A copy of the proposed rules is published in the State Register. A free copy of the rules is also available upon request from the agency contact person listed above or on this web site.

For more information on this topic contact Lesli Kramer at the above address or visit the Minnesota Department of Health webisite at: http://www.health.state.mn.us/migrants

Co-Editors: Bill Hutchison, Department of Entomology, University of Minnesota, hutch002@tc.umn.edu
Jeanne Ciborowski, IPM Program, Minnesota Department of Agriculture, jeanne.ciborowski@state.mn.us
Cindy Tong, Department of Horticulture, University of Minnesota, ctong@extension.umn.edu
Production Editor: Suzanne Wold, Research Specialist, University of Minnesota, woldx018@tc.umn.edu

Disclaimer
Reference to products in this publication is not intended to be an endorsement to the exclusion of others which may have similar uses. Any person using products listed in this publication assumes full responsibility for their use in accordance with current directions of the manufacturer

Last Revised May 17, 2001.
The University, including the Minnesota Extension Service, is an equal opportunity educator and employer.©2001 Minnesota Extension Service, University of Minnesota. All rights reserved. Contact copyright@extension.umn.edu for information on reproduction or use of this material.