Minnesota Legislature
HF 1857
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - 1st Engrossment
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A bill for an act
relating to agriculture; changing application of
certain penalties; changing certain procedures and
time limits; changing certain penalties; amending
Minnesota Statutes 2004, sections 17.982, subdivision
1; 17.983, subdivisions 1, 3; 31.032, subdivision 1;
31A.10; repealing Minnesota Statutes 2004, sections
17.983, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 17.982,
subdivision 1, is amended to read:
Subdivision 1.
Criminal penalties.
A person who violates
new text begin
a provision of new text end chapter new text begin 28A,new text end 29, 31, 31A, 31B, or 34 for which a
penalty has not been prescribed is guilty of a misdemeanor.
Sec. 2.
Minnesota Statutes 2004, section 17.983,
subdivision 1, is amended to read:
Subdivision 1.
Administrative penalties; citation.
If a
person has violated chapter new text begin 28A,new text end 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 deleted text begin shall deleted text end new text begin must
new text end
describe the nature of the violation and the statute or rule
alleged to have been violateddeleted text begin ; state the time for correction;
deleted text end
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 2004, section 17.983,
subdivision 3, is amended to read:
Subd. 3.
Contested case.
If a person appeals a citation
or a penalty assessment within the time limits in
deleted text begin
subdivisions deleted text end new text begin subdivision new text end 1 deleted text begin and 2deleted text end , the commissionerdeleted text begin , within 40
days after receiving the appeal,deleted text end shall initiate a contested
proceeding under chapter 14. The report of the administrative
law judge is the final decision of the commissioner of
agriculture.
Sec. 4.
Minnesota Statutes 2004, section 31.032,
subdivision 1, is amended to read:
Subdivision 1.
deleted text begin misdemeanor deleted text end new text begin penaltynew text end .
deleted text begin Any deleted text end new text begin A new text end person who
violates deleted text begin any of the provisions deleted text end new text begin a provision new text end of section 31.02new text begin ,
paragraph (d), (e), (f), (g), (h), or (l),new text end is guilty of a
misdemeanor. new text begin A person who violates any other provision of
section 31.02 is guilty of a gross misdemeanor.
new text end
Sec. 5.
Minnesota Statutes 2004, section 31A.10, is
amended to read:
31A.10 PROHIBITIONSnew text begin ; PENALTYnew text end .
new text begin
(a) new text end 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
(b) A violation of this section is a gross misdemeanor.
new text end
Sec. 6. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 17.983, subdivision 2, is
repealed.
new text end