Minnesota Legislature
HF 1640
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to agriculture; changing certain feed law provisions; expanding
applicability of certain penalties; amending Minnesota Statutes 2006, sections
17.982, subdivision 1; 17.983, subdivision 1; 25.33, subdivisions 3, 4, 5, 6, 10,
18, by adding a subdivision; 25.341, subdivision 1; 25.35; 25.39, subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 17.982, subdivision 1, is amended to read:
Subdivision 1.
Criminal penalties.
A person who violates a provision of chapter
new text begin 25, new text end 28A, 29, 31, 31A, 31B, or 34 for which a penalty has not been prescribed is guilty
of a misdemeanor.
Sec. 2.
Minnesota Statutes 2006, section 17.983, subdivision 1, is amended to read:
Subdivision 1.
Administrative penalties; citation.
If a person has violated a
provision of chapter new text begin 25, new text end 28A, 29, 31, 31A, 31B, 32, or 34, the commissioner may issue a
written citation to the person by personal service or by certified mail. The citation must
describe the nature of the violation and the statute or rule alleged to have been violated;
state the time for correction, if applicable; and the amount of any proposed fine. The
citation must advise the person to notify the commissioner in writing within 30 days if the
person wishes to appeal the citation. If the person fails to appeal the citation, the citation
is the final order and not subject to further review.
Sec. 3.
Minnesota Statutes 2006, section 25.33, subdivision 3, is amended to read:
Subd. 3.
Distribute.
"Distribute" means to offer for sale, sell, exchange, or barterdeleted text begin ,
commercialdeleted text end feed; or to supply, furnish, or otherwise provide deleted text begin commercialdeleted text end feed to a contract
feeder.
Sec. 4.
Minnesota Statutes 2006, section 25.33, subdivision 4, is amended to read:
Subd. 4.
Distributor.
"Distributor" means any person who distributes deleted text begin commercialdeleted text end
feed in this state.
Sec. 5.
Minnesota Statutes 2006, section 25.33, subdivision 5, is amended to read:
Subd. 5.
Commercial feed.
"Commercial feed" means materials or combinations of
materials that are distributed or intended to be distributed for use as feed or for mixing in
feed, including feed for aquatic animals, unless the materials are specifically exempted.
Unmixed whole seeds and physically altered entire unmixed seeds, if the whole or
physically altered seeds are not chemically changednew text begin , not labeled as feed or for use as feed,new text end
or deleted text begin aredeleted text end not adulterated within the meaning of section 25.37, paragraph (a), are exempt. The
commissioner by rule may exempt from this definition, or from specific provisions of
sections 25.31 to 25.43, commodities such as hay, straw, stover, silage, cobs, husks, hulls,
and individual chemical compounds or substances if those commodities, compounds, or
substances are not intermixed with other materials, new text begin not labeled as feed or for use as feed,
new text end and deleted text begin aredeleted text end not adulterated within the meaning of section 25.37, paragraph (a).
Sec. 6.
Minnesota Statutes 2006, section 25.33, is amended by adding a subdivision to
read:
new text begin Subd. 5a. new text end
new text begin Feed. new text end
new text begin
"Feed" means edible materials that are consumed by animals, other
than humans, and contribute energy or nutrients to the animal's diet.
new text end
Sec. 7.
Minnesota Statutes 2006, section 25.33, subdivision 6, is amended to read:
Subd. 6.
Feed ingredient.
"Feed ingredient" means each of the constituent materials
making up a deleted text begin commercialdeleted text end feed.
Sec. 8.
Minnesota Statutes 2006, section 25.33, subdivision 10, is amended to read:
Subd. 10.
Manufacture.
"Manufacture" means to grind, mix deleted text begin ordeleted text end new text begin ,new text end blend, deleted text begin or furtherdeleted text end
processnew text begin , package, or labelnew text end a deleted text begin commercialdeleted text end feed deleted text begin for distributiondeleted text end .
Sec. 9.
Minnesota Statutes 2006, section 25.33, subdivision 18, is amended to read:
Subd. 18.
Contract feeder.
"Contract feeder" means a person who as an
independent contractor, feeds deleted text begin commercial feed todeleted text end animals, pursuant to a contract whereby
deleted text begin such commercialdeleted text end new text begin thenew text end feed is supplied, furnished, or otherwise provided to such person
and whereby such person's remuneration is determined all or in part by feed consumption,
mortality, profits, or amount or quality of product.
Sec. 10.
Minnesota Statutes 2006, section 25.341, subdivision 1, is amended to read:
Subdivision 1.
Requirement.
Before a person may: (1) manufacture a commercial
feed in the state; (2) distribute a commercial feed in or into the state; or (3) have the
person's name appear on the label of a commercial feed as guarantor, the person must have
a commercial feed license for each manufacturing or distributing facility. A person who
makes only retail sales of commercial feed deleted text begin bearing labeling or another approved indication
that the commercial feed is from a licensed manufacturer, guarantor, or distributor who
has assumed full responsibility for the tonnage inspection fee due under sections 25.31 to
25.43deleted text end new text begin , guaranteed by another,new text end is not required to obtain a license.
Sec. 11.
Minnesota Statutes 2006, section 25.35, is amended to read:
25.35 LABELING.
(a) A commercial feed, except a customer formula feed, must be accompanied by a
label bearing the following information:
(1) the product name and the brand name, if any, under which the commercial feed
is distributed;
(2) the guaranteed analysis, stated in terms the commissioner requires by rule, to
advise the user of the composition of the feed or to support claims made in the labeling.
The substances or elements must be determinable by laboratory methods such as the
methods published by the AOAC International or other generally recognized methods;
(3) the common or usual name of each ingredient used in the manufacture of the
commercial feed. The commissioner may by rule permit the use of a collective term for a
group of ingredients which perform a similar function, or may exempt commercial feeds
or any group of commercial feeds from this requirement on finding that an ingredient
statement is not required in the interest of consumers;
(4) the name and principal mailing address of the manufacturer or the person
responsible for distributing the commercial feed;
(5) adequate directions for use for all commercial feeds containing drugs and for
such other feeds as the commissioner may require by rule as necessary for their safe
and effective use;
(6) precautionary statements which the commissioner determines by rule are
necessary for the safe and effective use of the commercial feed; and
(7) a quantity statement.
(b) A customer formula feed must be accompanied by a label, invoice, delivery slip,
or other shipping document bearing the following information:
(1) name and address of the manufacturer;
(2) name and address of the purchaser;
(3) date of delivery;
(4) the product name and either (i) the quantity of each commercial feed and each
other ingredient used in the mixture, or (ii) a guaranteed analysis and list of ingredients in
paragraph (a), clauses (2) and (3);
(5) adequate directions for use for all customer formula feeds containing drugs
and for other feeds the commissioner requires by rule as necessary for their safe and
effective use;
(6) precautionary statements the commissioner determines by rule are necessary for
the safe and effective use of the customer formula feed;
(7) if a product containing a drug is used:
(i) the purpose of the medication (claim statement); and
(ii) the established name of each active drug ingredient and the level of each drug
used in the final mixture expressed in a manner required by the commissioner by rule; deleted text begin and
deleted text end
(8) for a customer formula feed for which the formula is developed by someone
other than the manufacturer, a disclaimer may be included on the label stating "THIS
FEED IS A CUSTOMER FORMULA FEED DEVELOPED BY SOMEONE OTHER
THAN THE MANUFACTURER. THE MANUFACTURER DOES NOT CLAIM,
REPRESENT, WARRANT, OR GUARANTEE, AND IS NOT RESPONSIBLE FOR
THE NUTRITIONAL ADEQUACY OF THIS FEED OR THE NUTRITIONAL
SUITABILITY OF THIS FEED FOR ITS INTENDED PURPOSE."new text begin ; and
new text end
new text begin
(9) a quantity statement.
new text end
(c) The manufacturer of a customer formula feed the formula of which is developed
by someone other than the manufacturer is not responsible or liable for the nutritional
adequacy or the nutritional suitability of the feed for its intended purpose if: (1) the
manufacturer does not make a claim of nutritional adequacy for the customer formula
feed and does not make a claim for nutritional suitability of the feed for its intended
purpose; and (2) the manufacturer includes the disclaimer in paragraph (b), clause (8).
A person other than the manufacturer who develops or recommends a formula for a
customer formula feed is responsible for providing to the manufacturer of the feed the
appropriate labeling information and for providing the appropriate use information to the
feed manufacturer.
Sec. 12.
Minnesota Statutes 2006, section 25.39, subdivision 1, is amended to read:
Subdivision 1.
Amount of fee.
(a) An inspection fee at the rate of 16 cents per ton
must be paid to the commissioner on commercial feeds distributed in this state by the
person who first distributes the commercial feed, except that:
(1) no fee need be paid on:
(i) a commercial feed if the payment has been made by a previous distributor; or
(ii) new text begin any feed ingredient in a new text end customer formula deleted text begin feeds if the inspection fee is paid on
the commercial feeds which are used as ingredientsdeleted text end new text begin feed that has been directly furnished
by the final purchasernew text end ; or
(2) a Minnesota feed distributor who can substantiate that greater than 50 percent
of the distribution of commercial feed is to purchasers outside the state may purchase
commercial feeds without payment of the inspection fee under a tonnage fee exemption
permit issued by the commissioner. Such location specific permits shall be issued on a
calendar year basis to commercial feed distributors who submit a $100 nonrefundable
application fee and comply with rules adopted by the commissioner relative to record
keeping, tonnage of commercial feed distributed in Minnesota, total of all commercial
feed tonnage distributed, and all other information which the commissioner may require
so as to ensure that proper inspection fee payment has been made.
(b) In the case of pet food distributed in the state only in packages of ten pounds
or less, a listing of each product and a current label for each product must be submitted
annually on forms provided by the commissioner and accompanied by an annual fee
of $50 for each product in lieu of the inspection fee. This annual fee is due by July 1.
The inspection fee required by paragraph (a) applies to pet food distributed in packages
exceeding ten pounds.
(c) In the case of specialty pet food distributed in the state only in packages of
ten pounds or less, a listing of each product and a current label for each product must
be submitted annually on forms provided by the commissioner and accompanied by an
annual fee of $25 for each product in lieu of the inspection fee. This annual fee is due
by July 1. The inspection fee required by paragraph (a) applies to specialty pet food
distributed in packages exceeding ten pounds.
(d) The minimum inspection fee is $10 per annual reporting period.