HF 1016

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for pest control measures; requiring
approved firewood on land administered by the commissioner of natural
resources; regulating sale and distribution of firewood; amending Minnesota
Statutes 2006, sections 89.55; 239.092; 239.093; proposing coding for new law
in Minnesota Statutes, chapter 89.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 89.55, is amended to read:

89.55 INFESTATION CONTROL, COSTS.

Upon the establishment of the zone of infestation, the commissioner may apply
measures of infestation control on public and private forest and other lands within deleted text begin such deleted text end new text begin
an infected new text end zone and to any trees, timber, plants deleted text begin or deleted text end new text begin , new text end shrubs deleted text begin thereon deleted text end new text begin , or contaminated soil new text end
harboring or which may harbor the forest pests. For this purpose, the duly authorized
representatives of the commissioner are authorized to enter upon any lands, public or
private within such zone. The commissioner may enter into agreements with owners of the
lands in the zone covering the control work on their lands, and fixing the pro rata basis on
which the cost of deleted text begin such deleted text end new text begin the new text end work will be shared between the commissioner and said owner.

Sec. 2.

new text begin [89.551] APPROVED FIREWOOD REQUIRED.
new text end

new text begin (a) After the commissioner issues an order under paragraph (b), a person may not
possess firewood on land administered by the commissioner of natural resources unless
the firewood:
new text end

new text begin (1) was obtained from a firewood distribution facility located on land administered
by the commissioner;
new text end

new text begin (2) was obtained from a firewood dealer who is selling firewood that is approved by
the commissioner under paragraph (b); or
new text end

new text begin (3) has been approved by the commissioner of natural resources under paragraph (b).
new text end

new text begin (b) The commissioner of natural resources shall, by written order published
in the State Register, approve firewood for possession on lands administered by the
commissioner. The order is not subject to the rulemaking provisions of chapter 14 and
section 14.386 does not apply.
new text end

new text begin (c) A violation under this section is subject to confiscation of firewood and after
May 1, 2008, confiscation and a $100 penalty. A firewood dealer shall be subject to
confiscation and assessed a $100 penalty for each sale of firewood not approved under the
provisions of this section and sold for use on land administered by the commissioner.
new text end

new text begin (d) For the purposes of this section, "firewood" means any wood that is intended for
use in a campfire, as defined in section 88.01, subdivision 25.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2006, section 239.092, is amended to read:

239.092 SALE FROM BULK.

(a) Bulk sales of commodities, when the buyer and seller are not both present to
witness the measurement, must be accompanied by a delivery ticket containing the
following information:

(1) the name and address of the person who weighed or measured the commodity;

(2) the date delivered;

(3) the quantity delivered;

(4) the count of individually wrapped packages delivered, if more than one is
included in the quantity delivered;

(5) the quantity on which the price is based, if different than the quantity delivered;
and

(6) the identity of the commodity in the most descriptive terms commercially
practicable, including representations of quality made in connection with the sale.

(b) This section is not intended to conflict with the bulk sale requirements of the
Department of Agriculture. If a conflict occurs, the law and rules of the Department of
Agriculture govern.

new text begin (c) Firewood sold or distributed across state boundaries or more than 100 miles
from its origin must include delivery ticket information regarding the harvest locations
of the wood by county and state.
new text end

Sec. 4.

Minnesota Statutes 2006, section 239.093, is amended to read:

239.093 INFORMATION REQUIRED WITH PACKAGE.

(a) A package offered, exposed, or held for sale must bear a clear and conspicuous
declaration of:

(1) the identity of the commodity in the package, unless the commodity can be easily
identified through the wrapper or container;

(2) the net quantity in terms of weight, measure, or count;

(3) the name and address of the manufacturer, packer, or distributor, if the packages
were not produced on the premises where they are offered, exposed, or held for sale; and

(4) the unit price, if the packages are part of a lot containing random weight
packages of the same commodity.

(b) This section is not intended to conflict with the packaging requirements of the
Department of Agriculture. If a conflict occurs, the laws and rules of the Department of
Agriculture govern.

new text begin (c) Firewood sold or distributed across state boundaries or more than 100 miles
from its origin must include information regarding the harvest locations of the wood by
county and state on each label or wrapper.
new text end