HF 4285

as introduced - 91st Legislature (2019 - 2020) Posted on 03/09/2020 01:30pm

A bill for an act
relating to agriculture; making policy and technical changes to agriculture-related
provisions including provisions related to seed law, noxious weed law, loans, pet
food, meat processing, eggs, and others; amending Minnesota Statutes 2018,
sections 17.117, subdivisions 4, 5, 16; 18.77, subdivisions 8a, 13, by adding
subdivisions; 18.771; 18.78, subdivisions 1, 3; 18.79, subdivisions 6, 10, 15, 18,
21; 18.82; 18.90; 18.91, subdivision 2; 18G.09; 21.72, subdivisions 11, 14, 15, by
adding a subdivision; 21.73, subdivision 1; 21.74; 21.75, subdivision 1; 21.81, by
adding subdivisions; 21.82, by adding a subdivision; 21.84; 21.85, subdivisions
2, 15; 21.86, subdivision 2; 21.89, subdivision 4; 21.891, subdivision 2; 25.40,
subdivisions 1, 2; 28A.03, subdivision 8; 29.23, subdivision 3; 31A.02, subdivision
10; 31A.10; 31A.15, subdivision 1; Minnesota Statutes 2019 Supplement, section
41B.047, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 21; repealing Minnesota Statutes 2018, section 21.81, subdivision 12.

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

ARTICLE 1

DEPARTMENT OF AGRICULTURE;
SEED LAW

Section 1.

Minnesota Statutes 2018, section 21.72, subdivision 11, is amended to read:

Subd. 11.

Screenings.

"Screenings" means chaff, florets, immature new text begin or broken new text end seed, weed
seeds, inert matter, and other foreign material removed in any way from any seeds or grains
in any kind of cleaning and processing, or obtained from any other source.

Sec. 2.

Minnesota Statutes 2018, section 21.72, subdivision 14, is amended to read:

Subd. 14.

Noxious weed seeds.

"Noxious weed seeds" includes restricted new text begin and prohibited new text end
noxious weed seeds as defined in deleted text begin subdivision deleted text end new text begin subdivisions new text end 15 new text begin and 16 new text end .

Sec. 3.

Minnesota Statutes 2018, section 21.72, subdivision 15, is amended to read:

Subd. 15.

Restricted weed seeds.

"Restricted weed seeds" are those weed seeds deleted text begin which,
if present in weed-seed infested agricultural seeds and grains, or screenings, shall not be
present singly or collectively in excess of the rate of 90 per pound. Restricted weed seeds
are seeds of buckhorn plantain (Plantago lanceolata), dodder (Cuscuta spp.), Frenchweed
(Thlaspi arvense), hoary alyssum (Berteroa incana), horse nettle (Solanum carolinense),
wild mustard (Brassica ssp.), quack grass (Agropyron repens), Canada thistle (Cirsium
arvense), field bindweed (Convolvulus arvensis), leafy spurge (Euphorbia esula), perennial
peppergrass (Cardaria draba), perennial sow thistle (Sonchus arvensis), and Russian
knapweed (Centaurea repens) deleted text end new text begin placed on the list provided under section 21.85, subdivision
15 new text end .

Sec. 4.

Minnesota Statutes 2018, section 21.72, is amended by adding a subdivision to
read:

new text begin Subd. 16. new text end

new text begin Prohibited noxious weed seeds. new text end

new text begin "Prohibited noxious weed seeds" are those
weed seeds placed on the list provided under section 21.85, subdivision 15.
new text end

Sec. 5.

Minnesota Statutes 2018, section 21.73, subdivision 1, is amended to read:

Subdivision 1.

Infested feed grain; screenings.

It is unlawful for any person to feed or
to sell, offer for sale, or expose for sale, or transport, to the consumer, for feeding purposes,
any weed-seed infested agricultural seeds and grains, or screenings:

(1) containing restricted new text begin or prohibited noxious new text end weed seeds in excess of the legal limit; new text begin
and
new text end

(2) containing more than ten percent total weed seeds by weight.

Sec. 6.

Minnesota Statutes 2018, section 21.74, is amended to read:

21.74 EXCEPTIONS.

The provisions of section 21.73 shall not apply to:

(1) Agricultural seeds and grains, or screenings, not intended for feeding purposes;

(2) Weed-seed infested agricultural seeds and grains, or screenings, being transported
upon any public highway to or from a cleaning or processing establishment for cleaning or
processing, which same are carried or transported in such vehicles or containers as will
prevent the leaking or scattering thereof;

(3) Weed-seed infested agricultural seeds and grains, or screenings, which have first
been devitalized by grinding, heating, chemical treatment, or any other suitable method;

(4) The sale of weed-seed infested agricultural seeds and grains, or screenings, to each
other by jobbers, manufacturers, or processors who mix or grind concentrated commercial
feeding stuff for sale; provided that the restrictions applying to clause (2), are complied
with;

(5) The sale of weed-seed infested agricultural seeds and grains, or screenings, by any
vendor to a consumer, provided that the restrictions set forth in clauses (2) and (3) are
complied with. However, where the vendor is not equipped to devitalize weed seeds, the
vendor may sell weed-seed infested agricultural seeds, grains, or screenings only to a
consumer who holds a permit issued by the commissioner for such a purchase. The
commissioner shall issue such a permit annually to a consumer only if the consumer has
the necessary facilities for devitalization, as determined by the commissioner, or has access
to such facilities. The consumer shall devitalize such weed-seed infested agricultural seeds,
grains, or screenings. The commissioner may revoke a permit after due notice and a hearing
if the consumer does not comply with the provisions of this clause. The provisions of this
clause shall not apply to the sale at a farm auction of a vendors agricultural seeds or grains
for feeding or processing purposes. "Farm auction" for the purpose of this clause means the
final sale at auction of the personal property of the farmer to the highest bidder. However,
if such agricultural seeds and grains are sold under variety names, and in such manner and
at such prices as to indicate that it is intended to use the seeds and grains for seeding purposes,
the seeds and grains are then subject to all laws relating to cleaning, testing, and labeling
of agricultural seed as set forth in the agricultural seed laws and the agricultural weed laws
of the state of Minnesota and such rules as have been promulgated by the commissioner of
agriculture thereunder; and

(6) Weed-seed infested agricultural seed and grains or screenings, produced by the farmer
and fed on the farmer's own farm, provided it does not contain restricted new text begin or prohibited
noxious new text end weed seeds in excess of the legal limit.

Sec. 7.

Minnesota Statutes 2018, section 21.75, subdivision 1, is amended to read:

Subdivision 1.

Enforcement; rulemaking.

deleted text begin The duty of enforcing sections 21.71 to
21.78 and carrying out the provisions and requirements thereof is vested in the commissioner
of agriculture. The commissioner, personally or through agents, shall deleted text end new text begin The commissioner
must enforce sections 21.71 to 21.78. The commissioner must new text end :

(1) sample, inspect, make analysis of, and test weed-seed infested agricultural seeds and
grains, or screenings, transported, sold, or offered, or exposed for sale within this state for
any purpose, at such time and place, and to such extent as the commissioner may deem
necessary to determine whether such weed-seed infested agricultural seeds and grain, or
screenings, is in compliance with the provisions of sections 21.71 to 21.78, and to notify
promptly the person who transported, sold, offered, or exposed the weed-seed infested
agricultural seeds and grains, or screenings, for sale of any violation; new text begin and
new text end

(2) prescribe and, after public hearing following due public notice, adopt such rules as
may be necessary to secure the efficient enforcement of sections 21.71 to 21.78. deleted text begin Such rules
are to be adopted in accordance with the law; and
deleted text end

deleted text begin (3) Prescribe and, after public hearing following due public notice, establish, add to, or
subtract therefrom by rules a restricted noxious weed-seed list.
deleted text end

Sec. 8.

Minnesota Statutes 2018, section 21.81, is amended by adding a subdivision to
read:

new text begin Subd. 14a. new text end

new text begin Labeler. new text end

new text begin "Labeler" means the person whose complete name and address
appears on the label of agricultural, vegetable, flower, tree, or shrub seed for sale within
this state, or the person identified by the code designation on the label as authorized by
Code of Federal Regulations, title 7, section 201.23.
new text end

Sec. 9.

Minnesota Statutes 2018, section 21.81, is amended by adding a subdivision to
read:

new text begin Subd. 21a. new text end

new text begin Recommended Uniform State Seed Law. new text end

new text begin "Recommended Uniform State
Seed Law" refers to the Association of American Seed Control Officials guidelines for seed
law.
new text end

Sec. 10.

Minnesota Statutes 2018, section 21.82, is amended by adding a subdivision to
read:

new text begin Subd. 9. new text end

new text begin Hemp seed. new text end

new text begin To comply with the hemp requirements in chapter 18K, a hemp
seed labeler must test the hemp parent plants used to produce the hemp seed at the appropriate
developmental stage and obtain a certificate of analysis showing that the hemp seed was
produced from hemp parent plants with less than 0.3 percent total delta-9
tetrahydrocannabinol concentration.
new text end

Sec. 11.

Minnesota Statutes 2018, section 21.84, is amended to read:

21.84 RECORDS.

new text begin (a) new text end Each person whose name appears on the label of agricultural, vegetable, flower,
wildflower, tree, deleted text begin or deleted text end shrub deleted text begin seeds deleted text end new text begin , or any other seed new text end subject to section 21.82 or 21.83 deleted text begin shall deleted text end new text begin
must new text end keep new text begin (1) new text end for three years complete records of each new text begin seed new text end lot deleted text begin of agricultural, vegetable,
flower, wildflower, tree, or shrub seed deleted text end sold in this state new text begin , new text end and deleted text begin shall keep deleted text end new text begin (2) new text end for one year a
file sample of each new text begin seed new text end lot deleted text begin of seed deleted text end after disposition of the lot.

new text begin (b) The labeler must retain the following information as part of the complete record for
each seed lot sold:
new text end

new text begin (1) the lot number or other lot identification;
new text end

new text begin (2) a copy of the genuine grower's or tree seed collector's declaration, or a similar
document containing the same information;
new text end

new text begin (3) copies of invoices showing the sale of each seed lot, including the name of the person
the seed was sold to, the amount sold, the date of sale, the name of the kind or the kind and
variety of the seed, and the lot number;
new text end

new text begin (4) a copy of the label that was attached to or accompanied the seed lot;
new text end

new text begin (5) a copy of the field and final certification documents, if applicable;
new text end

new text begin (6) a copy of each testing report of the seed for labeling purposes; and
new text end

new text begin (7) a file sample of the seed lot which is representative of the seed lot and of sufficient
size to constitute an official sample in accordance with section 201.43 of the Federal Seed
Act regulations.
new text end

Sec. 12.

Minnesota Statutes 2018, section 21.85, subdivision 2, is amended to read:

Subd. 2.

Seed laboratory.

(a) The commissioner deleted text begin shall deleted text end new text begin must new text end establish and maintain a
seed laboratory for seed testing, employing necessary agents and assistants to administer
and enforce sections 21.80 to 21.92, who shall be governed by chapter 43A.

(b) The laboratory procedures for testing official seed samples are the procedures set
forth in the Rules for Testing Seeds that is published annually by the Association of Official
Seed Analysts. If a laboratory procedure rule does not exist for a particular type of seed,
then laboratory procedures from other recognized seed testing sources may be used, including
procedures under the Code of Federal Regulations, title 7, part 201, or the International
Rules for Testing Seeds.

new text begin (c) The commissioner must apply the following tolerances when comparing the label
claims made for required label categories, minimum standards not specifically required to
be labeled, or other label claims that can be verified by laboratory analysis:
new text end

new text begin (1) tolerances for pure seed, weed seed, other crop seed, and inert matter according to
Code of Federal Regulations, title 7, section 201.60, including additional tolerances for
chaffy seeds and mixtures containing chaffy seeds;
new text end

new text begin (2) tolerances for the presence of prohibited noxious weed seeds and rate of occurrence
of restricted weed seeds according to Code of Federal Regulations, title 7, section 201.65;
new text end

new text begin (3) tolerances for germination, hard seed, dormant seed, total viable seed, and pure live
seed percentages of kinds of seeds required to be labeled as agricultural seed according to
Code of Federal Regulations, title 7, section 201.63; and
new text end

new text begin (4) minimum germination standards:
new text end

new text begin (i) for vegetable seed germination, in accordance with section 21.82, subdivision 7,
paragraph (a), and the germination standards for vegetable seeds prepared for use by home
gardeners in Code of Federal Regulations, title 7, section 201.31; and
new text end

new text begin (ii) for flower seed germination, in accordance with section 21.82, subdivision 8,
paragraph (a), and the germination standards for flower seeds prepared for use by home
gardeners as listed in the Recommended Uniform State Seed Law.
new text end

Sec. 13.

Minnesota Statutes 2018, section 21.85, subdivision 15, is amended to read:

Subd. 15.

Prohibited and restricted seeds.

new text begin (a) new text end The commissioner deleted text begin shall deleted text end new text begin , in consultation
with the Seed Program Advisory Committee, must new text end determine species that are considered
prohibited weed seeds and restricted noxious weed seeds and the allowable rate of occurrence
of restricted noxious weed seeds deleted text begin . deleted text end new text begin subject to sections 21.80 to 21.92. The commissioner must
prepare, publish, and revise at least once every three years, a list of prohibited and restricted
noxious weed seeds. The commissioner must distribute the list to the public and may request
the help of the United States Department of Agriculture's published All-States Noxious
Weed Seed List or any other organization that the commissioner considers appropriate to
assist in the distribution. The commissioner may, in consultation with the Seed Program
Advisory Committee, accept and consider noxious weed seed designation petitions from
Minnesota citizens or Minnesota organizations or associations including the Noxious Weed
Advisory Committee.
new text end

new text begin (b) Restricted weed seeds, if present in weed-seed infested agricultural seeds and grains,
or screenings, must not be present singly or collectively in excess of the rate of 90 per pound.
new text end

new text begin (c) Prohibited noxious weed seeds must not be present in weed-seed infested agricultural
seeds and grains, or screenings.
new text end

Sec. 14.

new text begin [21.851] ADVISORY COMMITTEE; MEMBERSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin The commissioner must consult with the Seed Program Advisory
Committee to advise the commissioner concerning responsibilities under the seed regulatory
program. The committee must evaluate species for invasiveness, difficulty of control, cost
of control, benefits, and amount of injury caused by each species. For each species evaluated,
the committee must recommend to the commissioner whether a species should be listed as
a prohibited noxious weed seed or restricted noxious weed seed or not be listed. Species
designated as prohibited or restricted noxious weed seeds must be reevaluated every three
years for a recommendation on whether or not the designated species need to remain on the
noxious weed seed lists. The committee must also advise the commissioner on the
implementation of the Minnesota Seed Law. Members of the committee are not entitled to
reimbursement of expenses nor payment of per diem. Members serve two-year terms with
subsequent reappointment by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The commissioner must appoint members to include
representatives from:
new text end

new text begin (1) the College of Food, Agricultural and Natural Resource Sciences or Extension at the
University of Minnesota;
new text end

new text begin (2) Minnesota Crop Improvement;
new text end

new text begin (3) the seed industry in Minnesota, a minimum of six members with representation from
multinational, national, regional, and Minnesota seed companies;
new text end

new text begin (4) the grain industry in Minnesota;
new text end

new text begin (5) farmers in Minnesota;
new text end

new text begin (6) other state and federal agencies with an interest in seed; and
new text end

new text begin (7) other members as needed.
new text end

new text begin Subd. 3. new text end

new text begin Organization. new text end

new text begin The committee must select a chair from its membership. Meetings
of the committee may be called by or at the direction of the commissioner or the chair.
new text end

Sec. 15.

Minnesota Statutes 2018, section 21.86, subdivision 2, is amended to read:

Subd. 2.

Miscellaneous violations.

No person may:

(a) detach, alter, deface, or destroy any label required in sections 21.82 and 21.83, alter
or substitute seed in a manner that may defeat the purposes of sections 21.82 and 21.83, or
alter or falsify any seed tests, laboratory reports, records, or other documents to create a
misleading impression as to kind, variety, history, quality, or origin of the seed;

(b) hinder or obstruct in any way any authorized person in the performance of duties
under sections 21.80 to 21.92;

(c) fail to comply with a "stop sale" order or to move or otherwise handle or dispose of
any lot of seed held under a stop sale order or attached tags, except with express permission
of the enforcing officer for the purpose specified;

(d) use the word "type" in any labeling in connection with the name of any agricultural
seed variety;

(e) use the word "trace" as a substitute for any statement which is required; deleted text begin or
deleted text end

(f) plant any agricultural seed which the person knows contains weed seeds or noxious
weed seeds in excess of the limits for that seed deleted text begin . deleted text end new text begin ; or
new text end

new text begin (g) advertise or sell seed containing patented, protected, or proprietary varieties used
without permission of the patent or certificate holder of the intellectual property associated
with the variety of seed.
new text end

Sec. 16.

Minnesota Statutes 2018, section 21.89, subdivision 4, is amended to read:

Subd. 4.

Exemptions.

deleted text begin An initial deleted text end new text begin A new text end labeler who sells for use in Minnesota agricultural,
vegetable, or flower seeds must have a seed fee permit unless the agricultural, vegetable,
or flower seeds are of the breeder or foundation seed classes of varieties developed by
publicly financed research agencies intended for the purpose of increasing the quantity of
seed available.

Sec. 17.

Minnesota Statutes 2018, section 21.891, subdivision 2, is amended to read:

Subd. 2.

Seed fee permits.

(a) deleted text begin An initial deleted text end new text begin A new text end labeler who wishes to sell seed in Minnesota
must comply with section 21.89, subdivisions 1 and 2, and the procedures in this subdivision.
Each deleted text begin initial deleted text end labeler who wishes to sell seed in Minnesota must apply to the commissioner
to obtain a permit. The application must contain the name and address of the applicant, the
application date, and the name and title of the applicant's contact person. new text begin Permit fees are
based on the initial sale of seed in Minnesota.
new text end

(b) The application for a seed permit covered by section 21.89, subdivision 2, clause
(1), must be accompanied by an application fee of $75.

(c) The application for a seed permit covered by section 21.89, subdivision 2, clause
(2), must be accompanied by an application fee based on the level of annual gross sales as
follows:

(1) for gross sales of $0 to $25,000, the annual permit fee is $75;

(2) for gross sales of $25,001 to $50,000, the annual permit fee is $150;

(3) for gross sales of $50,001 to $100,000, the annual permit fee is $300;

(4) for gross sales of $100,001 to $250,000, the annual permit fee is $750;

(5) for gross sales of $250,001 to $500,000, the annual permit fee is $1,500;

(6) for gross sales of $500,001 to $1,000,000, the annual permit fee is $3,000; and

(7) for gross sales of $1,000,001 and above, the annual permit fee is $4,500.

(d) The application for a seed permit covered by section 21.89, subdivision 2, clause
(3), must be accompanied by an application fee of $75. deleted text begin Initial deleted text end Labelers holding seed fee
permits covered under this paragraph need not apply for a new permit or pay the application
fee. Under this permit category, the fees for the following kinds of agricultural seed sold
either in bulk or containers are:

(1) oats, wheat, and barley, 9 cents per hundredweight;

(2) rye, field beans, buckwheat, and flax, 12 cents per hundredweight;

(3) field corn, 17 cents per 80,000 seed unit;

(4) forage, new text begin hemp, new text end lawn and turf grasses, and legumes, 69 cents per hundredweight;

(5) sunflower, $1.96 per hundredweight;

(6) sugar beet, 12 cents per 100,000 seed unit;

(7) soybeans, 7.5 cents per 140,000 seed unit; deleted text begin and
deleted text end

(8) for any agricultural seed not listed in clauses (1) to (7), the fee for the crop most
closely resembling it in normal planting rate applies deleted text begin . deleted text end new text begin ; and
new text end

new text begin (9) for native grasses and wildflower seed, $1 per hundredweight.
new text end

(e) If, for reasons beyond the control and knowledge of the deleted text begin initial deleted text end labeler, seed is shipped
into Minnesota by a person other than the deleted text begin initial deleted text end labeler, the responsibility for the seed fees
are transferred to the shipper. An application for a transfer of this responsibility must be
made to the commissioner. Upon approval by the commissioner of the transfer, the shipper
is responsible for payment of the seed permit fees.

(f) Seed permit fees may be included in the cost of the seed either as a hidden cost or as
a line item cost on each invoice for seed sold. To identify the fee on an invoice, the words
"Minnesota seed permit fees" must be used.

(g) All seed fee permit holders must file semiannual reports with the commissioner,
even if no seed was sold during the reporting period. Each semiannual report must be
submitted within 30 days of the end of each reporting period. The reporting periods are
October 1 to March 31 and April 1 to September 30 of each year or July 1 to December 31
and January 1 to June 30 of each year. Permit holders may change their reporting periods
with the approval of the commissioner.

(h) The holder of a seed fee permit must pay fees on all seed for which the permit holder
is the deleted text begin initial deleted text end labeler and which are covered by sections 21.80 to 21.92 and sold during the
reporting period.

(i) If a seed fee permit holder fails to submit a semiannual report and pay the seed fee
within 30 days after the end of each reporting period, the commissioner shall assess a penalty
of $100 or eight percent, calculated on an annual basis, of the fee due, whichever is greater,
but no more than $500 for each late semiannual report. A $15 penalty must be charged when
the semiannual report is late, even if no fee is due for the reporting period. Seed fee permits
may be revoked for failure to comply with the applicable provisions of this paragraph or
the Minnesota seed law.

Sec. 18. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2018, section 21.81, subdivision 12, new text end new text begin is repealed.
new text end

ARTICLE 2

DEPARTMENT OF AGRICULTURE;
NOXIOUS WEEDS

Section 1.

Minnesota Statutes 2018, section 18.77, subdivision 8a, is amended to read:

Subd. 8a.

Noxious weed management plan.

"Noxious weed management plan" means
controlling or eradicating noxious weeds in the manner designated in a management plan
developed for the deleted text begin area or site deleted text end new text begin location new text end where the infestations are found using specific
strategies or methods that are to be used singly or in combination to achieve control or
eradication.

Sec. 2.

Minnesota Statutes 2018, section 18.77, subdivision 13, is amended to read:

Subd. 13.

deleted text begin Weed management area deleted text end new text begin Noxious weed management site new text end .

deleted text begin "Weed
management area" deleted text end new text begin "Noxious weed management site" new text end means a designated area where special
or unique noxious weed control or eradication strategies or methods are used according to
a specific management plan developed for each management area established.

Sec. 3.

Minnesota Statutes 2018, section 18.77, is amended by adding a subdivision to
read:

new text begin Subd. 14. new text end

new text begin Cooperative weed management areas or CWMAs. new text end

new text begin "Cooperative weed
management areas" or "CWMAs" means partnership organizations formed with the goal
of managing invasive plants across jurisdictional and land ownership boundaries through
collective planning and sharing of knowledge and resources.
new text end

Sec. 4.

Minnesota Statutes 2018, section 18.77, is amended by adding a subdivision to
read:

new text begin Subd. 15. new text end

new text begin Biological control of plants. new text end

new text begin "Biological control of plants" means the reduction
of noxious weed or invasive plant populations through the use of natural enemies such as
parasitoids, predators, pathogens, antagonists, or competitors to suppress noxious weed or
invasive plant populations.
new text end

Sec. 5.

Minnesota Statutes 2018, section 18.77, is amended by adding a subdivision to
read:

new text begin Subd. 16. new text end

new text begin Appropriate disposal site. new text end

new text begin "Appropriate disposal site" means a facility that
lawfully destroys noxious weeds and noxious weed propagating parts.
new text end

Sec. 6.

Minnesota Statutes 2018, section 18.77, is amended by adding a subdivision to
read:

new text begin Subd. 17. new text end

new text begin Invasive plant. new text end

new text begin "Invasive plant" means a nonnative species whose introduction
and establishment causes, or may cause, economic or environmental harm or harm to human
health.
new text end

Sec. 7.

Minnesota Statutes 2018, section 18.771, is amended to read:

18.771 NOXIOUS WEED CATEGORIES.

(a) For purposes of designation under section 18.79, subdivision 13, noxious weed
category means each of the following categories deleted text begin . deleted text end new text begin :
new text end

new text begin (1) the prohibited-eradicate noxious weeds category;
new text end

new text begin (2) the prohibited-control noxious weeds category;
new text end

new text begin (3) the restricted noxious weeds category;
new text end

new text begin (4) the specially regulated plants category; and
new text end

new text begin (5) the county noxious weeds category.
new text end

(b) deleted text begin "Prohibited deleted text end new text begin The "prohibited-eradicate new text end noxious weeds" new text begin category new text end includes noxious
weeds that must be deleted text begin controlled or deleted text end eradicated on all lands within the state. Transportation of
deleted text begin a prohibited noxious weed's propagating parts is restricted by permit deleted text end new text begin the propagating parts
of prohibited-eradicate noxious weeds is prohibited new text end except as allowed deleted text begin by deleted text end new text begin under new text end section
18.82. deleted text begin Prohibited deleted text end new text begin Prohibited-eradicate new text end noxious weeds may not be sold or propagated in
Minnesota. deleted text begin There are two regulatory listings for prohibited noxious weeds in Minnesota: deleted text end new text begin
Noxious weeds that are designated as prohibited-eradicate noxious weeds and placed on
the prohibited-eradicate noxious weeds list are plants that are not currently known to be
present in Minnesota or are not widely established in the state. All prohibited-eradicate
noxious weeds must be eradicated.
new text end

deleted text begin (1) the noxious weed eradicate list is established. Prohibited noxious weeds placed on
the noxious weed eradicate list are plants that are not currently known to be present in
Minnesota or are not widely established. These species must be eradicated; and
deleted text end

deleted text begin (2) the noxious weed control list is established. Prohibited noxious weeds placed on the
noxious weed control list are plants that are already established throughout Minnesota or
regions of the state. Species on this list must at least be controlled.
deleted text end

new text begin (c) The "prohibited-control noxious weeds" category includes noxious weeds that must
be controlled on all lands within the state. Transportation of the propagating parts of
prohibited-control noxious weeds is prohibited except as allowed under section 18.82.
Prohibited-control noxious weeds may not be propagated or sold in Minnesota. Noxious
weeds that are designated as prohibited-control noxious weeds and placed on the
prohibited-control noxious weeds list are plants that are already established throughout the
state or regions of the state. At minimum, these species must be controlled in a way that
prevents spread of these species by seed or vegetative means.
new text end

deleted text begin (c) deleted text end new text begin (d) The new text end "restricted noxious weeds" new text begin category new text end includes noxious weeds new text begin and their
propagating parts new text end that new text begin may not be imported, sold, or transported in the state, except as
allowed by permit under section 18.82. Noxious weeds that are designated as restricted and
placed on the restricted list may be plants that new text end are widely distributed in Minnesota deleted text begin , but for
which the only feasible means of control is to prevent their spread by prohibiting the
importation, sale, and transportation of their propagating parts in the state, except as allowed
by section 18.82 deleted text end new text begin and for which a requirement of eradication or control would not be feasible
on a statewide basis using existing practices new text end .

deleted text begin (d) deleted text end new text begin (e) The new text end "specially regulated plants" new text begin category new text end includes noxious weeds that may be
native species or new text begin nonnative species that new text end have demonstrated economic value, but also have
the potential to cause harm in noncontrolled environments. Plants designated as specially
regulated have been determined to pose ecological, economical, or human or animal health
concerns. Species-specific management plans or rules that define the use and management
requirements for these plants must be developed by the commissioner of agriculture for
each plant designated as specially regulated. The commissioner must also take measures to
minimize the potential for harm caused by these plants.

deleted text begin (e) deleted text end new text begin (f) The new text end "county noxious weeds" new text begin category new text end includes noxious weeds that are designated
by individual county boards to be enforced as prohibited noxious weeds within the county's
jurisdiction and must be approved by the commissioner of agriculture, in consultation with
the Noxious Weed Advisory Committee. Each county board must submit newly proposed
county noxious weeds to the commissioner of agriculture for review. Approved county
noxious weeds shall also be posted with the county's general weed notice prior to May 15
each year. Counties are solely responsible for developing county noxious weed lists and
their enforcement.

Sec. 8.

Minnesota Statutes 2018, section 18.78, subdivision 1, is amended to read:

Subdivision 1.

Generally.

A person owning land, a person occupying land, or a person
responsible for the maintenance of public land deleted text begin shall control or eradicate deleted text end new text begin must manage new text end all
noxious weeds new text begin , according to the noxious weed categories under section 18.771, new text end on the land
at a time and in a manner ordered by an inspector or county-designated employee.

Sec. 9.

Minnesota Statutes 2018, section 18.78, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Weed control agreement deleted text end new text begin Noxious weed management plan new text end .

The
commissioner, municipality, or county agricultural inspector or county-designated employee
may enter into deleted text begin a weed control deleted text end new text begin an new text end agreement with a landowner or new text begin noxious new text end weed management
deleted text begin area deleted text end new text begin site new text end group to establish a mutually agreed-upon noxious weed management plan for up
to three years duration, whereby a noxious weed problem will be controlled without additional
enforcement action. If a property owner fails to comply with the noxious weed management
plan, an individual notice may be served.

Sec. 10.

Minnesota Statutes 2018, section 18.79, subdivision 6, is amended to read:

Subd. 6.

Training for control or eradication of noxious weeds.

The commissioner
shall conduct initial training considered necessary for inspectors and county-designated
employees in the enforcement of the Minnesota Noxious Weed Law. The deleted text begin director deleted text end new text begin dean new text end of
University of Minnesota Extension may conduct educational programs for the general public
that will aid compliance with the Minnesota Noxious Weed Law. Upon request, the
commissioner may provide information and other technical assistance to the county
agricultural inspector or county-designated employee to aid in the performance of
responsibilities specified by the county board under section 18.81, subdivisions 1a and 1b.

Sec. 11.

Minnesota Statutes 2018, section 18.79, subdivision 10, is amended to read:

Subd. 10.

Prosecution.

On finding that a person has violated sections 18.76 to 18.91,
the deleted text begin county agricultural deleted text end inspector or county-designated employee may start court proceedings
in the locality in which the violation occurred. The county attorney may prosecute actions
under sections 18.76 to 18.91 within the county attorney's jurisdiction.

Sec. 12.

Minnesota Statutes 2018, section 18.79, subdivision 15, is amended to read:

Subd. 15.

Noxious weed management.

The commissioner, in consultation with the
Noxious Weed Advisory Committee, shall develop management strategies and criteria for
each noxious weed category new text begin listed in section 18.771 and each individually listed species new text end .

Sec. 13.

Minnesota Statutes 2018, section 18.79, subdivision 18, is amended to read:

Subd. 18.

Noxious weed education and notification.

(a) The commissioner shall
disseminate information and conduct educational campaigns with respect to control of
noxious weeds or invasive plants to enhance regulatory compliance and voluntary efforts
to eliminate or manage these plants. The commissioner shall call and attend meetings and
conferences dealing with the subject of noxious weeds. The commissioner shall maintain
on the department's website noxious weed management information including but not limited
to the roles and responsibilities of citizens and government entities under sections 18.76 to
18.91 and specific guidance as to whom a person should contact to report a noxious weed
issue.

(b) The commissioner shall post notice on the department's website deleted text begin and alert deleted text end new text begin when a
weed on the eradicate list is confirmed for the first time in a county. The commissioner may
notify new text end appropriate media outlets when a weed on the eradicate list is confirmed for the first
time in a county.

Sec. 14.

Minnesota Statutes 2018, section 18.79, subdivision 21, is amended to read:

Subd. 21.

new text begin Noxious new text end weed management deleted text begin area deleted text end new text begin site new text end .

The commissioner, in consultation
with the Noxious Weed Advisory Committee, may establish a new text begin noxious new text end weed management
deleted text begin area deleted text end new text begin site new text end to include a part of one or more counties or all of one or more counties of this state
and shall include all the land within the boundaries of the area established. new text begin Noxious new text end weed
management plans developed for a new text begin noxious new text end weed management deleted text begin area deleted text end new text begin site new text end must be reviewed
and approved by the commissioner deleted text begin and deleted text end new text begin in consultation with new text end the Noxious Weed Advisory
Committee. new text begin Noxious new text end weed management deleted text begin areas deleted text end new text begin sites new text end may seek funding under section 18.90.

Sec. 15.

Minnesota Statutes 2018, section 18.82, is amended to read:

18.82 TRANSPORTATION OF NOXIOUS WEED PROPAGATING PARTS deleted text begin IN
INFESTED MATERIAL OR EQUIPMENT deleted text end .

Subdivision 1.

Permits.

new text begin Transporting noxious weed propagating parts without a permit
is prohibited, new text end except as provided in section 21.74 deleted text begin , deleted text end new text begin . new text end If a person wants to transport new text begin noxious
weed propagating parts new text end along a public deleted text begin highway deleted text end new text begin roadway, including new text end materials or equipment
containing the propagating parts of new text begin noxious new text end weeds deleted text begin designated as noxious by the
commissioner deleted text end , the person must secure a written permit for transportation deleted text begin of the material or
equipment deleted text end from an inspector or county-designated employee. Inspectors or county-designated
employees may issue permits to persons residing or operating within their jurisdiction. A
permit is not required for the transport of noxious weeds for the purpose of destroying
propagating parts at deleted text begin a Department of Agriculture-approved deleted text end new text begin an appropriate new text end disposal site.
Anyone transporting noxious weed propagating parts for the purpose of disposal at an
deleted text begin approved deleted text end new text begin appropriate disposal new text end site shall ensure that all materials are contained in a manner
that prevents escape during transport new text begin and complies with section 115A.931. A person must
obtain a permit before possessing noxious weeds with propagating parts for research,
education and outreach, or other reasons approved by the commissioner new text end .

Subd. 2.

Conditions of permit issuance.

The following conditions must be met before
a permit under subdivision 1 may be issued:

(1) any material or equipment containing noxious weed propagating parts that is about
to be transported along a public deleted text begin highway deleted text end new text begin roadway new text end must be in a container that is sufficiently
tight and closed or otherwise covered to prevent the blowing or scattering of the material
along the highway or on other lands or water; deleted text begin and
deleted text end

(2) the destination for unloading and the use of the material or equipment containing
noxious weed propagating parts must be stated on the permit along with the method that
will be used to destroy the viability of the propagating parts and thereby prevent deleted text begin their deleted text end new text begin the
material new text end being dumped or scattered upon land or water deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) the applicant for a permit for possession of noxious weed propagating parts must
agree to follow the guidelines listed on the permit by the inspector.
new text end

Subd. 3.

Duration of permit; revocation.

A permit under subdivision 1 is valid for up
to one year after the date it is issued unless otherwise specified by the inspector or
county-designated employee issuing the permit. The permit may be revoked if an inspector
or county-designated employee determines that the applicant has not complied with this
section.

Sec. 16.

Minnesota Statutes 2018, section 18.90, is amended to read:

18.90 GRANT PROGRAM.

(a) From funds available in the noxious weed and invasive plant species assistance
account established in section 18.89, the commissioner shall administer a grant program to
assist counties and municipalities and other weed management entities in the cost of
implementing and maintaining noxious weed control programs and in addressing special
weed control problems. The commissioner shall receive applications by counties,
municipalities, new text begin noxious new text end weed management deleted text begin areas deleted text end new text begin sites new text end , and weed management entities for
assistance under this section and, in consultation with the Noxious Weed Advisory
Committee, award grants for any of the following eligible purposes:

(1) to conduct applied research to solve locally significant weed management problems;

(2) to demonstrate innovative control methods or land management practices which have
the potential to reduce landowner costs to control noxious weeds or improve the effectiveness
of noxious weed control;

(3) to encourage the ongoing support of new text begin noxious new text end weed management deleted text begin areas deleted text end new text begin sites new text end ;

(4) to respond to introductions or infestations of invasive plants that threaten or potentially
threaten the productivity of cropland and rangeland over a wide area;

(5) to respond to introductions or infestations of invasive plant species that threaten or
potentially threaten the productivity of biodiversity of wildlife and fishery habitats on public
and private lands;

(6) to respond to special weed control problems involving weeds not included in the list
of noxious weeds published and distributed by the commissioner;

(7) to conduct monitoring or surveillance activities to detect, map, or determine the
distribution of invasive plant species and to determine susceptible locations for the
introduction or spread of invasive plant species; and

(8) to conduct educational activities.

(b) The commissioner shall select and prioritize applications for assistance under this
section based on the following considerations:

(1) the seriousness of the noxious weed or invasive plant problem or potential problem
addressed by the project;

(2) the ability of the project to provide timely intervention to save current and future
costs of control and eradication;

(3) the likelihood that the project will prevent or resolve the problem or increase
knowledge about resolving similar problems in the future;

(4) the extent to which the project will leverage federal funds and other nonstate funds;

(5) the extent to which the applicant has made progress in addressing noxious weed or
invasive plant problems;

(6) the extent to which the project will provide a comprehensive approach to the control
or eradication of noxious weeds;

(7) the extent to which the project will reduce the total population or area of infestation
of a noxious weed;

(8) the extent to which the project uses the principles of integrated vegetation management
and sound science; and

(9) other factors that the commissioner determines to be relevant.

(c) Nothing in this section may be construed to relieve a person of the duty or
responsibility to control the spread of noxious weeds on lands owned and controlled by the
person.

Sec. 17.

Minnesota Statutes 2018, section 18.91, subdivision 2, is amended to read:

Subd. 2.

Membership.

The commissioner shall appoint members, which shall include
representatives from the following:

(1) new text begin the Department of new text end Horticultural Science deleted text begin , agronomy, and forestry deleted text end at the University
of Minnesota;

new text begin (2) the Department of Agronomy at the University of Minnesota;
new text end

new text begin (3) the Department of Forest Resources at the University of Minnesota;
new text end

deleted text begin (2) deleted text end new text begin (4) new text end the nursery and landscape industry in Minnesota;

deleted text begin (3) deleted text end new text begin (5) new text end the seed industry in Minnesota;

deleted text begin (4) deleted text end new text begin (6) new text end the Department of Agriculture;

deleted text begin (5) deleted text end new text begin (7) new text end the Department of Natural Resources;

deleted text begin (6) deleted text end new text begin (8) new text end a conservation organization;

deleted text begin (7) deleted text end new text begin (9) new text end an environmental organization;

deleted text begin (8) deleted text end new text begin (10) new text end at least two farm organizations;

deleted text begin (9) deleted text end new text begin (11) new text end the county agricultural inspectors;

deleted text begin (10) deleted text end new text begin (12) new text end city deleted text begin , township, and county deleted text end governments;

new text begin (13) township governments;
new text end

new text begin (14) county governments;
new text end

deleted text begin (11) deleted text end new text begin (15) new text end the Department of Transportation;

deleted text begin (12) deleted text end new text begin (16) new text end the University of Minnesota Extension;

deleted text begin (13) deleted text end new text begin (17) new text end the timber and forestry industry in Minnesota;

deleted text begin (14) deleted text end new text begin (18) new text end the Board of Water and Soil Resources;

deleted text begin (15) deleted text end new text begin (19) new text end soil and water conservation districts;

deleted text begin (16) deleted text end new text begin (20) the new text end Minnesota Association of County Land Commissioners; and

deleted text begin (17) deleted text end new text begin (21) other new text end members as needed.

ARTICLE 3

DEPARTMENT OF AGRICULTURE;
MISCELLANEOUS PROVISIONS

Section 1.

Minnesota Statutes 2018, section 17.117, subdivision 4, is amended to read:

Subd. 4.

Definitions.

(a) For the purposes of this section, the terms defined in this
subdivision have the meanings given them.

(b) "Agricultural and environmental revolving accounts" means accounts in the
agricultural fund, controlled by the commissioner, which hold funds available to the program.

(c) "Agriculture supply business" means a person, partnership, joint venture, corporation,
limited liability company, association, firm, public service company, or cooperative that
provides materials, equipment, or services to farmers or agriculture-related enterprises.

(d) "Allocation" means the funds awarded to an applicant for implementation of best
management practices through a competitive or noncompetitive application process.

(e) "Applicant" means a local unit of government eligible to participate in this program
that requests an allocation of funds as provided in subdivision 6b.

(f) "Best management practices" has the meaning given in sections 103F.711, subdivision
3, and 103H.151, subdivision 2. Best management practices also means other practices,
techniques, and measures that have been demonstrated to the satisfaction of the
commissioner: (1) to prevent or reduce adverse environmental impacts by using the most
effective and practicable means of achieving environmental goals; or (2) to achieve drinking
water quality standards under chapter 103H or under Code of Federal Regulations, title 40,
parts 141 and 143, as amended.

(g) "Borrower" means a farmer, an agriculture supply business, or a deleted text begin rural deleted text end landowner
applying for a low-interest loan.

(h) "Commissioner" means the commissioner of agriculture, including when the
commissioner is acting in the capacity of chair of the Rural Finance Authority, or the designee
of the commissioner.

(i) "Committed project" means an eligible project scheduled to be implemented at a
future date deleted text begin :
deleted text end

deleted text begin (1) deleted text end that has been approved deleted text begin and certified deleted text end by the local government unit deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (2) for which a local lender has obligated itself to offer a loan.
deleted text end

(j) "Comprehensive water management plan" means a state-approved and locally adopted
plan authorized under section 103B.231, 103B.255, 103B.311, 103C.331, 103D.401, or
103D.405.

(k) "Cost incurred" means expenses for implementation of a project accrued because
the borrower has agreed to purchase equipment or is obligated to pay for services or materials
already provided as a result of implementing an approved eligible project.

(l) "Farmer" means a person, partnership, joint venture, corporation, limited liability
company, association, firm, public service company, or cooperative that regularly participates
in physical labor or operations management of farming and files a Schedule F as part of
filing United States Internal Revenue Service Form 1040 or indicates farming as the primary
business activity under Schedule C, K, or S, or any other applicable report to the United
States Internal Revenue Service.

(m) "Lender agreement" means an agreement entered into between the commissioner
and a local lender which contains terms and conditions of participation in the program.

(n) "Local government unit" means a county, soil and water conservation district, or an
organization formed for the joint exercise of powers under section 471.59 with the authority
to participate in the program.

(o) "Local lender" means a local government unit as defined in paragraph (n) deleted text begin , deleted text end new text begin ; a local
unit of government with taxing or special assessment authority, such as a watershed district,
a drainage authority, or a township; new text end a state or federally chartered bank deleted text begin , deleted text end new text begin ; new text end a savings association deleted text begin , deleted text end new text begin ; new text end
a state or federal credit union deleted text begin , deleted text end new text begin ; new text end Agribank and its affiliated organizations deleted text begin , deleted text end new text begin ; new text end or a nonprofit
economic development organization or other financial lending institution approved by the
commissioner.

(p) "Local revolving loan account" means the account held by a local government unit
and a local lender into which principal repayments from borrowers are deposited and new
loans are issued in accordance with the requirements of the program and lender agreements.

(q) "Nonpoint source" has the meaning given in section 103F.711, subdivision 6.

(r) "Program" means the agriculture best management practices loan program in this
section.

(s) "Project" means one or more components or activities located within Minnesota that
are required by the local government unit to be implemented for satisfactory completion of
an eligible best management practice.

(t) "Rural landowner" means the owner of record of Minnesota real estate located in an
area determined by the local government unit to be rural after consideration of local land
use patterns, zoning regulations, jurisdictional boundaries, local community definitions,
historical uses, and other pertinent local factors.

(u) "Water-quality cooperative" has the meaning given in section 115.58, paragraph (d),
except as expressly limited in this section.

Sec. 2.

Minnesota Statutes 2018, section 17.117, subdivision 5, is amended to read:

Subd. 5.

Uses of funds.

new text begin (a) new text end Use of funds under this section must be in compliance with
the rules and regulations of the funding source or appropriation. Use of funds from the
Public Facilities Authority must comply with the federal Water Pollution Control Act,
section 446A.07, and eligible activities listed in the intended use plan authorized in section
446A.07, subdivision 4.

new text begin (b) In the event of a conflict between this section and a law appropriating money for
this program, the law appropriating money for this program governs.
new text end

Sec. 3.

Minnesota Statutes 2018, section 17.117, subdivision 16, is amended to read:

Subd. 16.

Liens against property.

(a) The amount of loans and accruing interest made
by deleted text begin counties deleted text end new text begin a county, home rule charter city, statutory city, or town new text end acting as new text begin a new text end local deleted text begin lenders deleted text end new text begin
lender new text end under this section is a lien against the real property for which the improvement was
made and must be assessed against the property or properties benefited unless the amount
is prepaid. new text begin The lien is a special assessment under chapter 419 and repayments may be
collected as a special assessment as provided for in section 429.101 or by charter. new text end An amount
loaned under the program and its accruing interest assessed against the property is a priority
lien only against subsequent liens.

(b) The county new text begin , home rule charter city, statutory city, or town new text end may bill amounts due on
the loan on the tax statement for the property. Enforcement of the lien created by this
subdivision must, at the county's new text begin , home rule charter city's, statutory city's, or town's new text end option,
be in the manner set forth in chapter 580 or 581. When the amount due and all interest has
been paid, the county new text begin , home rule charter city, statutory city, or town new text end shall file a satisfaction
of the lien created under this subdivision.

(c) A county new text begin , home rule charter city, statutory city, or town new text end may also secure amounts
due on a loan under this section by taking a purchase money security interest in equipment
in accordance with chapter 336, article 9, and may enforce the purchase money security
interest in accordance with chapters 336, article 9, and 565.

Sec. 4.

Minnesota Statutes 2018, section 18G.09, is amended to read:

18G.09 SHIPMENT OF PLANT PESTS AND BIOLOGICAL CONTROL AGENTS.

deleted text begin Shipment, introduction into, or release in Minnesota of (1) a plant pest, noxious weed,
or other organism that may directly or indirectly affect Minnesota's plant life as a harmful
or dangerous pest, parasite, or predator of other organisms, or (2) an arthropod, is prohibited,
except under permit issued by the commissioner.
deleted text end

deleted text begin No deleted text end new text begin (a) A new text end person may new text begin not new text end sell, offer for sale, move, convey, transport, deliver, ship, or
offer for shipment any plant pest, new text begin noxious weed, new text end or biological control agent without a permit
from the United States Department of Agriculture, Animal and Plant Health Inspection
Service or its state equivalent. A permit may be issued only after the commissioner
determines that the proposed shipment or use will not create a hazard to the agricultural,
forest, or horticultural interests of this state or the state's general environmental quality. For
interstate movement, the permit must be affixed conspicuously to the exterior of each
shipping container, box, package, or appliance; accompany each shipping container, box,
package, or appliance; or comply with other directions of the commissioner. deleted text begin This section
does not apply to intrastate shipments of federal or state-approved biological control agents
used in this state for control of plant pests. deleted text end Shipping containers must be escape-proof and
the commissioner shall specify labeling and shipping protocols.

new text begin (b) This section does not apply to:
new text end

new text begin (1) intrastate shipments of federal- or state-approved biological control agents used in
this state for control of plant pests; and
new text end

new text begin (2) interstate shipments of organisms that the United States Department of Agriculture
has specifically identified as not needing a permit for movement.
new text end

Sec. 5.

Minnesota Statutes 2018, section 25.40, subdivision 1, is amended to read:

Subdivision 1.

Adoption.

new text begin (a) new text end The commissioner may adopt rules for commercial feeds,
pet foods, and specialty pet foods as are authorized in sections 25.31 to 25.43 and other
reasonable rules as may be necessary for the efficient enforcement of sections 25.31 to
25.43. In the interest of uniformity the commissioner shall by rule adopt, unless the
commissioner determines that they are inconsistent with the provisions of sections 25.31
to 25.43 or are not appropriate to conditions which exist in this state, the official definitions
of feed ingredients and official feed terms adopted by the Association of American Feed
Control Officials and published in the official publication of that organization.

new text begin (b) The Model Pet and Specialty Pet Food Regulation, as adopted by the Association of
American Feed Control Officials, is adopted as the pet food and specialty pet food rules in
this state.
new text end

Sec. 6.

Minnesota Statutes 2018, section 25.40, subdivision 2, is amended to read:

Subd. 2.

Notice; public comment.

Before the issuance, amendment, or repeal of any
rule authorized by sections 25.31 to 25.43, the commissioner shall publish the proposed
rule, amendment, or notice to repeal an existing rule in a manner reasonably calculated to
give interested parties, including all current license holders, adequate notice and shall afford
all interested persons an opportunity to present their views orally or in writing, within a
reasonable period of time. After consideration of all views presented by interested persons,
the commissioner shall take appropriate action to issue the proposed rule or to amend or
repeal an existing rule. The provisions of this subdivision notwithstanding, if the
commissioner, pursuant to the authority of sections 25.31 to 25.43, adopts the new text begin Model Pet
and Specialty Pet Food Regulation, new text end official definitions of feed ingredients new text begin , new text end and official feed
terms as adopted by the Association of American Feed Control Officials, any amendment
or modification adopted by the association is adopted automatically under sections 25.31
to 25.43 without regard to the publication of the notice required by this subdivision unless
the commissioner, by order specifically determines that the amendment or modification
shall not be adopted.

Sec. 7.

Minnesota Statutes 2018, section 28A.03, subdivision 8, is amended to read:

Subd. 8.

Custom processor.

"Custom processor" means a person who deleted text begin slaughters animals
or processes noninspected meat for the owner of the animals, and returns the meat products
derived from the slaughter or processing to the owner. "Custom processor" does not include
a person who slaughters animals or poultry or processes meat for the owner of the animals
or poultry on the farm or premises of the owner of the animals, meat, or poultry. For the
purpose of this clause, "animals" or "meat" do not include poultry or game animals or meat
derived therefrom deleted text end new text begin conducts activities as defined in section 31A.02, subdivision 5 new text end .

Sec. 8.

Minnesota Statutes 2018, section 29.23, subdivision 3, is amended to read:

Subd. 3.

Egg temperature.

Eggs must be held at a temperature not to exceed 45 degrees
Fahrenheit (7 degrees Celsius) after being received by the egg handler except for cleaning,
sanitizing, grading, and further processing when they must immediately be placed under
refrigeration that is maintained at 45 degrees Fahrenheit (7 degrees Celsius) or below. Eggs
offered for sale by a retail food handler must be held at a temperature not to exceed deleted text begin 41 deleted text end new text begin 45 new text end
degrees Fahrenheit (7 degrees Celsius). deleted text begin Equipment in use prior to August 1, 1991, is not
subject to this requirement. deleted text end Shell eggs that have been frozen must not be offered for sale
except as approved by the commissioner.

Sec. 9.

Minnesota Statutes 2018, section 31A.02, subdivision 10, is amended to read:

Subd. 10.

Meat food product; poultry food product.

"Meat food product" or "poultry
food product" means a product usable as human food and made wholly or in part from meat
or poultry or a portion of the carcass of cattle, sheep, swine, poultry, new text begin wild game or fowl, new text end
farmed Cervidae, as defined in section 35.153, subdivision 3, llamas, as defined in section
17.455, subdivision 2, Ratitae, as defined in section 17.453, subdivision 3, or goats. "Meat
food product" or "poultry food product" does not include products which contain meat,
poultry, or other portions of the carcasses of cattle, sheep, swine, new text begin wild game or fowl, new text end farmed
Cervidae, llamas, Ratitae, or goats only in a relatively small proportion or that historically
have not been considered by consumers as products of the meat food industry, and which
are exempted from definition as a meat food product or poultry food product by the
commissioner under the conditions the commissioner prescribes to assure that the meat or
other portions of carcasses contained in the products are not adulterated and that the products
are not represented as meat food products or poultry food products.

"Meat food product," as applied to products of equines, has a meaning comparable to
that for cattle, sheep, swine, new text begin wild game or fowl, new text end farmed Cervidae, llamas, Ratitae, and goats.

Sec. 10.

Minnesota Statutes 2018, section 31A.10, is amended to read:

31A.10 PROHIBITIONS.

No person may, with respect to an animal, carcass, part of a carcass, poultry, poultry
food product, meat, or meat food product:

(1) slaughter an animal or prepare an article that is usable as human food, at any
establishment preparing articles solely for intrastate commerce, except in compliance with
this chapter;

(2) sell, transport, offer for sale or transportation, or receive for transportation, in intrastate
commerce (i) articles which are usable as human food and are adulterated or misbranded
at the time of sale, transportation, offer for sale or transportation, or receipt for transportation;
or (ii) articles required to be inspected under sections 31A.01 to 31A.16 that have not been
inspected and passed;

(3) do something to an article that is usable as human food while the article is being
transported in intrastate commerce or held for sale after transportation, which is intended
to cause or has the effect of causing the article to be adulterated or misbranded; or

(4) sell, offer for sale, or possess with intent to sell meat derived from custom processing new text begin ,
except wild game and fowl products may be donated under sections 17.035; 97A.505,
subdivision 5; 97A.510; and 97B.303 new text end .

Sec. 11.

Minnesota Statutes 2018, section 31A.15, subdivision 1, is amended to read:

Subdivision 1.

Inspection.

The provisions of sections 31A.01 to 31A.16 requiring
inspection of the slaughter of animals and the preparation of the carcasses, parts of carcasses,
meat, poultry, poultry food products, and meat food products at establishments conducting
slaughter and preparation do not apply:

(1) to the processing by a person of the person's own animals and the owner's preparation
and transportation in intrastate commerce of the carcasses, parts of carcasses, meat, poultry,
poultry food products, and meat food products of those animals exclusively for use by the
owner and members of the owner's household, nonpaying guests, and employees; or

(2) to the custom processing by a person of deleted text begin cattle, sheep, swine, poultry, or goats deleted text end new text begin animals,
wild game, or fowl new text end delivered by the owner for processing, and the preparation or
transportation in intrastate commerce of the carcasses, parts of carcasses, meat, poultry,
poultry food products, and meat food products of animals, exclusively for use in the
household of the owner by the owner and members of the owner's household, nonpaying
guests, and employees. Meat from custom processing deleted text begin of cattle, sheep, swine, poultry, or
goats deleted text end must be identified and handled as required by the commissioner, during all phases of
processing, chilling, cooling, freezing, preparation, storage, and transportation. The custom
processor may not engage in the business of buying or selling carcasses, parts of carcasses,
meat, poultry, poultry food products, or meat food products of animals usable as human
food unless the carcasses, parts of carcasses, meat, poultry, poultry food products, or meat
food products have been inspected and passed and are identified as inspected and passed
by the Minnesota Department of Agriculture or the United States Department of Agriculture.

Sec. 12.

Minnesota Statutes 2019 Supplement, section 41B.047, subdivision 1, is amended
to read:

Subdivision 1.

Establishment.

The authority shall establish and implement a disaster
recovery loan program to help farmers:

(1) clean up, repair, or replace farm structures and septic and water systems, as well as
replace seed, other crop inputs, feed, and livestock deleted text begin , when damaged by high winds, hail,
tornado, or flood, or the weight of snow, sleet, or ice deleted text end ;

(2) purchase watering systems, irrigation systems, and other drought mitigation systems
and practices when drought is the cause of the purchase;

(3) restore farmland; deleted text begin or
deleted text end

(4) replace flocks, make building improvements, or cover the loss of revenue when the
replacement, improvements, or loss of revenue is due to the confirmed presence of deleted text begin the deleted text end new text begin a new text end
highly deleted text begin pathogenic avian influenza deleted text end new text begin contagious disease new text end in a commercial poultry or game flock
located in Minnesota deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) replace livestock, make building improvements, or cover the loss of revenue when
the replacement, improvements, or loss of revenue is due to the confirmed presence of a
highly contagious disease in a livestock operation located in Minnesota.
new text end

APPENDIX

Repealed Minnesota Statutes: 20-5685

21.81 DEFINITIONS.

Subd. 12.

Initial labeler.

"Initial labeler" means a person who is the first to label for sale within this state an agricultural, vegetable, flower, tree, or shrub seed.