SF 1324

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/06/2012 03:17pm

A bill for an act
relating to agriculture; changing certain programs, requirements, fees, and duties;
amending Minnesota Statutes 2010, sections 18B.316, subdivision 6; 18G.07,
subdivision 1; 18G.10, subdivisions 5, 7, by adding a subdivision; 18H.07,
subdivisions 2, 3; 18H.10; 18H.14; 21.82, subdivisions 7, 8; 41A.105, by
adding a subdivision; 232.22, subdivisions 3, 4; 232.23, subdivision 10; 232.24,
subdivisions 1, 2; 236.02, subdivision 5, by adding a subdivision; 239.092;
239.093; repealing Minnesota Statutes 2010, sections 17B.01; 17B.02; 17B.03;
17B.04; 17B.041; 17B.0451; 17B.048; 17B.05; 17B.06; 17B.07; 17B.10;
17B.11; 17B.12; 17B.13; 17B.14; 17B.15, subdivisions 1, 3; 17B.16; 17B.17;
17B.18; 17B.20; 17B.22, subdivisions 1, 2; 17B.28; 17B.29; 232.24, subdivision
3; Minnesota Rules, parts 1505.0780; 1505.0810; 1562.0100, subparts 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25; 1562.0200;
1562.0700, subparts 1b, 3; 1562.0900; 1562.1300.

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

Section 1.

Minnesota Statutes 2010, section 18B.316, subdivision 6, is amended to read:

Subd. 6.

Agricultural pesticide sales invoices.

new text begin (a) new text end Sales invoices for agricultural
pesticides sold in or into this state by a licensed agricultural pesticide dealer or a pesticide
dealer under this section must show the percent of gross sales fee rate assessed and the
gross sales fee paid under section 18B.26, subdivision 3, paragraph (c).

new text begin (b) A licensed agricultural pesticide dealer or a pesticide dealer may request an
exemption from paragraph (a). The request for exemption must be in writing to the
commissioner and must include verifiable information to justify that compliance with
paragraph (a) is an extreme business hardship for the licensed agricultural pesticide dealer
or pesticide dealer. The commissioner may approve or reject a request for exemption
based upon review of the submitted information. An approved exemption under this
paragraph is valid for one calendar year. The commissioner must maintain a list of those
licensed agricultural pesticide dealers or pesticide dealers that have been granted an
exemption on the department's Web site.
new text end

new text begin (c) A licensed agricultural pesticide dealer or a pesticide dealer issued an exemption
under paragraph (b) must include the following statement on each sales invoice for any
sale of an agricultural pesticide: "Minnesota Department of Agriculture Annual Gross
Sales Fees of 0.55% have been Assessed and Paid on the Sale of an Agricultural Pesticide."
new text end

new text begin (d) new text end Only the person who actually will pay the gross sales fee may show the rate or
the amount of the fee as a line item on the sales invoice.

Sec. 2.

Minnesota Statutes 2010, section 18G.07, subdivision 1, is amended to read:

Subdivision 1.

Creation of registry.

(a) The commissioner shall maintain a list of
all persons new text begin , businesses, new text end and companies that new text begin employ persons who new text end provide tree care or tree
trimming services in Minnesota. All new text begin commercial new text end tree care providers, tree trimmers, and
deleted text begin persons who deleted text end new text begin employers that direct employees to new text end remove trees, limbs, branches, brush, or
shrubs for hire must be registered deleted text begin by deleted text end new text begin with new text end the commissioner.

(b) Persons or companies who are required to be registered under paragraph (a) must
register annually by providing the following to the commissioner:

(1) accurate and up-to-date business name, address, and telephone number;

(2) a complete list of all Minnesota counties in which they work; and

(3) a nonrefundable fee of $25 for initial application or renewing the registration.

(c) All persons and companies required to be registered under paragraph (a) must
register before conducting the activities specified in paragraph (a). Annual registration
expires December 31, must be renewed annually, and the renewal fee remitted by January
deleted text begin 7 deleted text end new text begin 1 new text end of the year for which it is issued. In addition, a penalty of ten percent of the renewal fee
due must be charged for each month, or portion of a month, that the fee is delinquent up to
a maximum of 30 percent for any application for renewal postmarked after December 31.

Sec. 3.

Minnesota Statutes 2010, section 18G.10, subdivision 5, is amended to read:

Subd. 5.

Certificate fees.

(a) The commissioner shall assess the fees in paragraphs
(b) to (f) for the inspection, service, and work performed in carrying out the issuance of
a phytosanitary certificate or export certificate. The inspection fee must be based on
mileage and inspection time.

(b) Mileage charge: current United States Internal Revenue Service mileage rate.

(c) Inspection time: $50 per hour minimum or fee necessary to cover department
costs. Inspection time includes the driving time to and from the location in addition to
the time spent conducting the inspection.

(d) If laboratory analysis or other technical analysis is required to issue a certificate,
the commissioner must set and collect the fee to recover this additional cost.

(e) Certificate fee for product value greater than $250: new text begin the greater of new text end $75 new text begin or the
amount necessary to cover department costs, including research and processing costs, new text end for
each phytosanitary or export certificate issued for any single shipment valued at more than
$250 in addition to any mileage or inspection time charges that are assessed.

(f) Certificate fee for product value less than $250: new text begin the greater of new text end $25 new text begin or the amount
necessary to cover department costs, including research and processing costs, new text end for each
phytosanitary or export certificate issued for any single shipment valued at less than $250
in addition to any mileage or inspection time charges that are assessed.

(g) For services provided for in subdivision 7 that are goods and services provided
for the direct and primary use of a private individual, business, or other entity, the
commissioner must set and collect the fees to cover the cost of the services provided.

Sec. 4.

Minnesota Statutes 2010, section 18G.10, subdivision 7, is amended to read:

Subd. 7.

Supplemental, additional, or other certificates and permits.

(a) The
commissioner may provide inspection, sampling, or certification services to ensure
that Minnesota new text begin plant treatment processes, new text end plant products new text begin , new text end or commodities meet import
requirements of other states or countries.

(b) The state plant regulatory official may issue permits and certificates verifying that
various Minnesota agricultural new text begin plant treatment processes, new text end products new text begin , new text end or commodities meet
specified plant health requirements, treatment requirements, or pest absence assurances
based on determinations by the commissioner.

Sec. 5.

Minnesota Statutes 2010, section 18G.10, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Misuse of a certificate or permit. new text end

new text begin Certificates, permits, and official letters
issued to support certification or permit processes are not transferable to another location
or another person.
new text end

Sec. 6.

Minnesota Statutes 2010, section 18H.07, subdivision 2, is amended to read:

Subd. 2.

Nursery stock grower certificate.

(a) A nursery stock grower must
pay an annual fee based on the area of all acreage on which nursery stock is grown for
certification as follows:

(1) less than one-half acre, $150;

(2) from one-half acre to two acres, $200;

(3) over two acres up to five acres, $300;

(4) over five acres up to ten acres, $350;

(5) over ten acres up to 20 acres, $500;

(6) over 20 acres up to 40 acres, $650;

(7) over 40 acres up to 50 acres, $800;

(8) over 50 acres up to 200 acres, $1,100;

(9) over 200 acres up to 500 acres, $1,500; and

(10) over 500 acres, $1,500 plus $2 for each additional acre.

(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due
must be charged for each month, or portion thereof, that the fee is delinquent up to a
maximum of 30 percent for any application for renewal not postmarked by December 31
of the current year.

new text begin (c) In addition to the fees in paragraphs (a) and (b), a firm found operating without a
nursery stock growers certificate after April 1 must pay a penalty equal to the required
nursery stock growers certificate fee.
new text end

Sec. 7.

Minnesota Statutes 2010, section 18H.07, subdivision 3, is amended to read:

Subd. 3.

Nursery stock dealer certificate.

(a) A nursery stock dealer must pay an
annual fee based on the dealer's gross sales of certified nursery stock per location during
the most recent certificate year. A certificate applicant operating for the first time must pay
the minimum fee. The fees per sales location are:

(1) gross sales up to $5,000, $150;

(2) gross sales over $5,000 up to $20,000, $175;

(3) gross sales over $20,000 up to $50,000, $300;

(4) gross sales over $50,000 up to $75,000, $425;

(5) gross sales over $75,000 up to $100,000, $550;

(6) gross sales over $100,000 up to $200,000, $675; and

(7) gross sales over $200,000, $800.

(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due
must be charged for each month, or portion thereof, that the fee is delinquent up to a
maximum of 30 percent for any application for renewal not postmarked by December 31
of the current year.

new text begin (c) In addition to the fees in paragraphs (a) and (b), a firm found operating without
a nursery stock dealer certificate after April 1 must pay a penalty equal to the required
nursery stock dealer certificate fee.
new text end

Sec. 8.

Minnesota Statutes 2010, section 18H.10, is amended to read:

18H.10 STORAGE OF NURSERY STOCK.

new text begin (a) new text end All nursery stock must be kept and displayed under conditions of temperature,
light, and moisture sufficient to maintain the viability and vigor of the nursery stock.

new text begin (b) new text end Packaged dormant nursery stock must be stored under conditions that retard
growth, prevent etiolated growth, and protect its viability.

new text begin (c) Balled and burlapped nursery stock being held for sale to the public must be kept
in a moisture-holding material approved by the commissioner and not toxic to plants.
The moisture-holding material must adequately cover and protect the ball of earth and
must be kept moist at all times.
new text end

Sec. 9.

Minnesota Statutes 2010, section 18H.14, is amended to read:

18H.14 LABELING AND ADVERTISING OF NURSERY STOCK.

(a) Plants, plant materials, or nursery stock must not be labeled or advertised with
false or misleading information including, but not limited to, scientific name, variety,
place of origin, hardiness zone as defined by the United States Department of Agriculture,
and growth habit.

(b) A person may not offer for distribution plants, plant materials, or nursery stock,
represented by some specific or special form of notation, including, but not limited to,
"free from" or "grown free of," unless the plants are produced under a specific program
approved by the commissioner to address the specific plant properties addressed in the
special notation claim.

new text begin (c) Nursery stock collected from the wild state must be inspected and certified
prior to sale and at the time of sale must be labeled "Collected from the Wild." The label
must remain on each plant or clump of plants while it is offered for sale and during the
distribution process. The collected stock may be grown in nursery rows at least two years,
after which the plants may be sold without the labeling required by this paragraph.
new text end

Sec. 10.

Minnesota Statutes 2010, section 21.82, subdivision 7, is amended to read:

Subd. 7.

Vegetable seeds.

For vegetable seeds prepared for use in home gardens
or household plantings the requirements in paragraphs (a) to (p) apply. Vegetable seeds
packed for sale in commercial quantities to farmers, conservation groups, and other similar
entities are considered agricultural seeds and must be labeled accordingly.

(a) The label must contain the name of the kind or kind and variety for each seed
component in excess of five percent of the whole and the percentage by weight of each
in order of its predominance. If the variety of those kinds generally labeled as to variety
is not stated and it is not required to be stated, the label must show the name of the kind
and the words "variety not stated."

(b) The percentage that is hybrid must be at least 95 percent of the percentage of pure
seed shown unless the percentage of pure seed which is hybrid seed is shown separately.
If two or more kinds of varieties are present in excess of five percent and are named on
the label, each that is hybrid must be designated as hybrid on the label. Any one kind or
kind and variety that has pure seed that is less than 95 percent but more than 75 percent
hybrid seed as a result of incompletely controlled pollination in a cross must be labeled
to show the percentage of pure seed that is hybrid seed or a statement such as "contains
from 75 percent to 95 percent hybrid seed." No one kind or variety of seed may be labeled
as hybrid if the pure seed contains less than 75 percent hybrid seed. The word "hybrid"
must be shown on the label in conjunction with the kind.

(c) Blends must be listed on the label using the term "blend" in conjunction with
the kind.

(d) Mixtures shall be listed on the label using the term "mixture," "mix," or "mixed."

(e) The label must show a lot number or other lot identification.

(f) The origin may be omitted from the label.

(g) The label must show the year for which the seed was packed for sale listed as
"packed for (year)" for seed with a percentage of germination that exceeds the standard last
established by the commissioner, the percentage of germination and the calendar month
and year that the percentages were determined by test, or the calendar month and year the
germination test was completed and the statement "sell by (month and year listed here),"
which may be no more than 12 months from the date of test, exclusive of the month of test.

(h) For vegetable seeds which germinate less than the standard last established by
the commissioner, the label must show:

(1) a percentage of germination, exclusive of hard or dormant seed or both;

(2) a percentage of hard or dormant seed or both, if present; and

(3) the words "below standard" in not less than eight point type and the month and
year the percentages were determined by test.

(i) The net weight of the contents new text begin or a statement indicating the number of seeds in
the container or both, new text end must appear on either the container or the label deleted text begin , except that for
containers with contents of 200 seeds or less a statement indicating the number of seeds in
the container may be listed along with or in lieu of the net weight of contents deleted text end .

(j) The heading for and percentage by weight of pure seed may be omitted from a
label if the total is more than 90 percent.

(k) The heading for and percentage by weight of weed seed may be omitted from a
label if they are not present in the seed.

(l) The heading "noxious weed seeds" may be omitted from a label if they are not
present in the seed.

(m) The heading for and percentage by weight of other crop seed may be omitted
from a label if it is less than five percent.

(n) The heading for and percentage by weight of inert matter may be omitted from a
label if it is less than ten percent.

(o) The label must contain the name and address of the person who labeled the
seed or who sells the seed in this state or a code number that has been registered with
the commissioner.

(p) The labeling requirements for vegetable seeds prepared for use in home gardens
or household plantings when sold outside their original containers are met if the seed is
weighed from a properly labeled container in the presence of the purchaser.

Sec. 11.

Minnesota Statutes 2010, section 21.82, subdivision 8, is amended to read:

Subd. 8.

Flower seeds.

For flower and wildflower seeds prepared for use in home
gardens or household plantings, the requirements in paragraphs (a) to (l) apply. Flower
and wildflower seeds packed for sale in commercial quantities to farmers, conservation
groups, and other similar entities are considered agricultural seeds and must be labeled
accordingly.

(a) The label must contain the name of the kind and variety or a statement of type
and performance characteristics as prescribed by rule.

(b) The percentage that is hybrid must be at least 95 percent of the percentage of pure
seed shown unless the percentage of pure seed which is hybrid seed is shown separately.
If two or more kinds of varieties are present in excess of five percent and are named on
the label, each that is hybrid must be designated as hybrid on the label. Any one kind or
kind and variety that has pure seed that is less than 95 percent but more than 75 percent
hybrid seed as a result of incompletely controlled pollination in a cross must be labeled
to show the percentage of pure seed that is hybrid seed or a statement such as "contains
from 75 percent to 95 percent hybrid seed." No one kind or variety of seed may be labeled
as hybrid if the pure seed contains less than 75 percent hybrid seed. The word "hybrid"
must be shown on the label in conjunction with the kind.

(c) Blends must be listed on the label using the term "blend" in conjunction with
the kind.

(d) Mixtures must be listed on the label using the term "mixture," "mix," or "mixed."

(e) The label must contain the lot number or other lot identification.

(f) The origin may be omitted from the label.

(g) The label must contain the year for which the seed was packed for sale listed as
"packed for (year)" for seed with a percentage of germination that exceeds the standard last
established by the commissioner, the percentage of germination and the calendar month
and year that the percentages were determined by test, or the calendar month and year the
germination test was completed and the statement "sell by (month and year listed here),"
which may be no more than 12 months from the date of test, exclusive of the month of test.

(h) For flower seeds which germinate less than the standard last established by
the commissioner, the label must show:

(1) percentage of germination exclusive of hard or dormant seed or both;

(2) percentage of hard or dormant seed or both, if present; and

(3) the words "below standard" in not less than eight point type and the month and
year this percentage was determined by test.

(i) The label must show the net weight of contents new text begin or a statement indicating the
number of seeds in the container, or both, new text end on either the container or the label deleted text begin , except that
for containers with contents of 200 seeds or less a statement indicating the number of
seeds in the container may be listed along with or in lieu of the net weight of contents deleted text end .

(j) The heading for and percentage by weight of pure seed may be omitted from a
label if the total is more than 90 percent.

(k) The heading for and percentage by weight of weed seed may be omitted from a
label if they are not present in the seed.

(l) The heading "noxious weed seeds" may be omitted from a label if they are not
present in the seed.

(m) The heading for and percentage by weight of other crop seed may be omitted
from a label if it is less than five percent.

(n) The heading for and percentage by weight of inert matter may be omitted from a
label if it is less than ten percent.

(o) The label must show the name and address of the person who labeled the seed
or who sells the seed within this state, or a code number which has been registered with
the commissioner.

Sec. 12.

Minnesota Statutes 2010, section 41A.105, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin For the purpose of this section:
new text end

new text begin (1) "biobutanol facility" means a facility at which biobutanol is produced; and
new text end

new text begin (2) "biobutanol" means fermentation isobutyl alcohol that is derived from
agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets;
forest products; or other renewable resources, including residue and waste generated
from the production, processing, and marketing of agricultural products, forest products,
and other renewable resources.
new text end

Sec. 13.

Minnesota Statutes 2010, section 232.22, subdivision 3, is amended to read:

Subd. 3.

Fees; grain buyers and storage account.

There is created in the
agricultural fund an account known as the grain buyers and storage account. The
commissioner shall set the fees for deleted text begin inspections deleted text end new text begin examinations new text end , certifications new text begin , new text end and licenses
under sections 232.20 to 232.25 at levels necessary to pay the costs of administering and
enforcing sections 232.20 to 232.25. All money collected pursuant to sections 232.20
to 232.25 and chapters 233 and 236 shall be paid by the commissioner into the state
treasury and credited to the grain buyers and storage account and is appropriated to the
commissioner for the administration and enforcement of sections 232.20 to 232.25 and
chapters 233 and 236. All money collected pursuant to chapter 231 shall be paid by
the commissioner into the grain buyers and storage account and is appropriated to the
commissioner for the administration and enforcement of chapter 231.

The fees for a license to store grain are as follows:

(a) For a license to store grain, $110 for each home rule charter or statutory city or
town in which a public grain warehouse is operated.

(b) A person with a license to store grain in a public grain warehouse is subject to
an examination fee for each licensed location, based on the following schedule for one
examination:

	Bushel Capacity	Examination Fee
	Less than 150,001	$	300
	150,001 to 250,000	$	425
	250,001 to 500,000	$	545
	500,001 to 750,000	$	700
	750,001 to 1,000,000	$	865
	1,000,001 to 1,200,000	$	1,040
	1,200,001 to 1,500,000	$	1,205
	1,500,001 to 2,000,000	$	1,380
	More than 2,000,000	$	1,555

(c) The fee for the second examination is $55 per hour per examiner for warehouse
operators who choose to have it performed by the commissioner.

(d) A penalty amount not to exceed ten percent of the fees due may be imposed by
the commissioner for each month for which the fees are delinquent.

Sec. 14.

Minnesota Statutes 2010, section 232.22, subdivision 4, is amended to read:

Subd. 4.

Bonding.

new text begin (a) new text end Before a license is issued, the applicant for a public grain
warehouse operator's license shall file with the commissioner a bond in a penal sum
prescribed by the commissioner deleted text begin . The penal sum on a condition one bond shall be
established by rule by the commissioner pursuant to the requirements of chapter 14 for all
grain outstanding on grain warehouse receipts. The penal sum on a condition two bond
shall not be less than $10,000 for each location up to a maximum of five locations. deleted text end new text begin based
on the annual average liability as stated on the statement of grain in storage report and
applying the following amounts:
new text end

new text begin (1) $10,000 for storages with annual average storage liability is more than $0 but
not more than $25,000;
new text end

new text begin (2) $20,000 for storages with annual average storage liability is more than $25,001
but not more than $50,000;
new text end

new text begin (3) $30,000 for storages with annual average storage liability is more than $50,001
but not more than $75,000;
new text end

new text begin (4) $50,000 for storages with annual average storage liability is more than $75,001
but not more than $100,000;
new text end

new text begin (5) $75,000 for storages with annual average storage liability is more than $100,001
but not more than $200,000;
new text end

new text begin (6) $125,000 for storages with annual average storage liability is more than $200,001
but not more than $300,000;
new text end

new text begin (7) $175,000 for storages with annual average storage liability is more than $300,001
but not more than $400,000;
new text end

new text begin (8) $225,000 for storages with annual average storage liability is more than $400,001
but not more than $500,000;
new text end

new text begin (9) $275,000 for storages with annual average storage liability is more than $500,001
but not more than $600,000;
new text end

new text begin (10) $325,000 for storages with annual average storage liability is more than
$600,001 but not more than $700,000;
new text end

new text begin (11) $425,000 for storages with annual average storage liability is more than
$800,001 but not more than $900,000;
new text end

new text begin (12) $475,000 for storages with annual average storage liability is more than
$900,001 but not more than $1,000,000; and
new text end

new text begin (13) $500,000 for storages with annual average storage liability is more than
$1,000,000.
new text end

new text begin (b) Bonds must be continuous until canceled. To cancel a bond, a surety must provide
90 days' written notice of the bond's termination date to the licensee and the commissioner.
new text end

Sec. 15.

Minnesota Statutes 2010, section 232.23, subdivision 10, is amended to read:

Subd. 10.

Delivery of grain.

deleted text begin (a) deleted text end On the redemption of a grain warehouse receipt
and payment of all lawful charges, the grain represented by the receipt is immediately
deliverable to the depositor or the depositor's order, and is not subject to any further charge
for storage after demand for delivery has been made and proper facilities for receiving and
shipping the grain have been provided. If delivery has not commenced within 48 hours
after demand has been made and proper facilities have been provided, the public grain
warehouse operator issuing the grain warehouse receipt is liable to the owner in damages
not exceeding two cents per bushel for each day's delay, unless the public grain warehouse
operator makes delivery to different owners in the order demanded as rapidly as it can be
done through ordinary diligence, or unless insolvency has occurred.

deleted text begin (b) If a disagreement arises between the person receiving and the person delivering
the grain at a public grain warehouse in this state as to the proper grade or dockage of any
grain, an average sample of at least three quarts of the grain in dispute may be taken by
either or both of the persons interested. The sample shall be certified by both the owner
and the public grain warehouse operator as being true samples of the grain in dispute
on the delivery day. The samples shall be forwarded in a suitable airtight container by
parcel post or express, prepaid, with the name and address of both parties, to the head of
the grain inspection program of the Department of Agriculture, who shall, upon request,
examine the grain, and determine what grade or dockage the samples of grain are entitled
to under the inspection rules. Before the results of the inspection are released to the person
requesting the inspection, the person shall pay the required fee. The fee shall be the same
as that required for similar services rendered by the grain inspection program.
deleted text end

Sec. 16.

Minnesota Statutes 2010, section 232.24, subdivision 1, is amended to read:

Subdivision 1.

Schedule of deleted text begin inspection deleted text end new text begin examination new text end .

A licensee under sections
232.20 to 232.25 is subject to two deleted text begin audits deleted text end new text begin examinations new text end annually conducted by the
commissioner or the agricultural marketing service of the United States Department of
Agriculture. The commissioner may, by rule, authorize one deleted text begin audit deleted text end new text begin examination new text end to be
conducted by a qualified nongovernmental unit.

Sec. 17.

Minnesota Statutes 2010, section 232.24, subdivision 2, is amended to read:

Subd. 2.

Financial reports.

A licensee under sections 232.20 to 232.25 new text begin upon request
new text end must provide to the commissioner a copy of the financial reports of an audit conducted by
a qualified nongovernmental unit containing information the commissioner requires.

Sec. 18.

Minnesota Statutes 2010, section 236.02, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Statement of grain in storage; reports. new text end

new text begin (a) Annually by February 15
each grain bank operator must file with the commissioner on a form approved by the
commissioner a report showing the highest monthly net liability of all grain outstanding
on grain bank receipts that occurred during the preceding calendar year. This report must
be used for the purpose of establishing the sum of the bond.
new text end

new text begin (b) Grain bank operators that are at maximum bond and want to continue at
maximum bond do not need to file this report.
new text end

new text begin (c) It is a violation of this chapter for a public grain bank operator to fail to file
the report required in clause (a).
new text end

Sec. 19.

Minnesota Statutes 2010, section 236.02, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Bond deleted text end new text begin Bonding new text end .

deleted text begin A license may not be issued for the operation of a
grain bank until the applicant has filed with the department a bond in a sum set by the
department. The bond may not be less than $1,500 for each license and must at all times
be large enough to protect the holders of outstanding grain bank receipts. Bonds must be
filed annually and cover the period of the grain bank license. deleted text end new text begin (a) Before a license is issued,
the applicant for a grain bank operator's license shall file with the commissioner a bond in
a penal sum prescribed by the commissioner based on the annual average liability as stated
on the statement of grain in storage report and applying the following amounts:
new text end

new text begin (1) $1,500 for storages with average annual storage liability is more than $0 but not
more than $5,000;
new text end

new text begin (2) $3,000 for storages with average annual storage liability is more than $5,001 but
not more than $10,000;
new text end

new text begin (3) $8,000 for storages with average annual storage liability is more than $10,001
but not more than $25,000;
new text end

new text begin (4) $15,000 for storages with average annual storage liability is more than $25,001
but not more than $50,000;
new text end

new text begin (5) $35,000 for storages with average annual storage liability is more than $50,001
but not more than $100,000;
new text end

new text begin (6) $75,000 for storages with average annual storage liability is more than $100,001
but not more than $200,000;
new text end

new text begin (7) $125,000 for storages with average annual storage liability is more than $200,001
but not more than $300,000; and
new text end

new text begin (8) $150,000 for storages with average annual storage liability is more than $300,001.
new text end

new text begin (b) Bonds must be continuous until canceled. To cancel a bond, a surety must provide
90 days' written notice of the bond's termination date to the licensee and the commissioner.
new text end

Bonds must run to the state of Minnesota and be for the benefit of all persons storing
grain in a grain bank. They must be conditioned upon the faithful performance by the
grain bank operator of the law relating to the operation of grain banks by the grain bank
operator and related rules of the department. deleted text begin The department may require increases in
the amounts of bonds as it considers necessary for the protection of grain bank receipt
holders. deleted text end The surety of grain bank bonds must be a corporate surety company authorized to
transact business in Minnesota.

Sec. 20.

Minnesota Statutes 2010, 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.

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

(d) Paragraph (c) may be enforced using the authority granted in this chapter or
section 18J.05 or 84D.13.

Sec. 21.

Minnesota Statutes 2010, 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.

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

(d) Paragraph (c) may be enforced using the authority granted in this chapter or
section 18J.05 or 84D.13.

Sec. 22. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 17B.01; 17B.02; 17B.03; 17B.04; 17B.041;
17B.0451; 17B.048; 17B.05; 17B.06; 17B.07; 17B.10; 17B.11; 17B.12; 17B.13; 17B.14;
17B.15, subdivisions 1 and 3; 17B.16; 17B.17; 17B.18; 17B.20; 17B.22, subdivisions 1
and 2; 17B.28; 17B.29; and 232.24, subdivision 3, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 1505.0780; 1505.0810; 1562.0100, subparts 3, 4, 5,
6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25; 1562.0200;
1562.0700, subparts 1b and 3; 1562.0900; and 1562.1300, new text end new text begin are repealed.
new text end