as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to agriculture; appropriating money for 1.3 agricultural purposes; establishing and modifying 1.4 certain programs; providing for regulation of certain 1.5 activities and practices; providing for accounts, 1.6 assessments, and fees; amending Minnesota Statutes 1.7 1998, sections 17.115, subdivision 3; 17.116, 1.8 subdivision 3; 17.136; 17.451, subdivision 2; 17.452, 1.9 subdivisions 5 and 8; 17.59, subdivision 5; 17A.11; 1.10 18B.05, subdivision 1; 18B.26, subdivision 5; 18C.131; 1.11 18E.02, subdivision 5; 21.115; 21.92; 25.39, 1.12 subdivision 4; 27.07, subdivision 6; 28A.08, 1.13 subdivision 3; 31.94; 31.95, subdivision 3a; 32.21, 1.14 subdivision 4; 32.394, subdivision 9; 35.02, 1.15 subdivision 1; 35.04; 35.05; 35.08; 35.09, 1.16 subdivisions 2 and 2a; 35.67; 35.68; 35.82, 1.17 subdivisions 1b, 2, and 3; 35.92, subdivision 5; 1.18 35.93, subdivision 1; 41A.09, subdivision 3a; 41D.02, 1.19 subdivision 2; 103F.515, subdivision 2; 156.001, 1.20 subdivisions 2, 3, and by adding a subdivision; 1.21 156.01, subdivision 3; 156.02, subdivisions 1 and 2; 1.22 156.03; 156.072; 156.10; 156.11; 156.12, subdivisions 1.23 2 and 4; and 239.791, subdivisions 1, 12, and by 1.24 adding subdivisions; proposing coding for new law in 1.25 Minnesota Statutes, chapters 17; 18E; 28A; 31B; and 1.26 156; repealing Minnesota Statutes 1998, sections 1.27 17.76; 35.245; 35.96, subdivision 4; 42.01; 42.02; 1.28 42.03; 42.04; 42.05; 42.06; 42.07; 42.08; 42.09; 1.29 42.10; 42.11; 42.12; 42.13; and 42.14. 1.30 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.31 Section 1. [AGRICULTURE APPROPRIATIONS.] 1.32 The sums shown in the columns marked "APPROPRIATIONS" are 1.33 appropriated from the general fund, or another named fund, to 1.34 the agencies and for the purposes specified in this act, to be 1.35 available for the fiscal years indicated for each purpose. The 1.36 figures "1999," "2000," and "2001," where used in this act, mean 1.37 that the appropriation or appropriations listed under them are 2.1 available for the year ending June 30, 1999, June 30, 2000, or 2.2 June 30, 2001, respectively. 2.3 SUMMARY BY FUND 2.4 1999 2000 2001 TOTAL 2.5 General $ -0- $35,743,000 $30,884,000 $66,627,000 2.6 Special Revenue 200,000 200,000 400,000 2.7 Environmental 336,000 342,000 678,000 2.8 Solid Waste -0- -0- -0- 2.9 TOTAL -0- 36,279,000 31,426,000 67,705,000 2.10 APPROPRIATIONS 2.11 Available for the Year 2.12 Ending June 30 2.13 2000 2001 2.15 Sec. 2. AGRICULTURE 2.16 Subdivision 1. Total 2.17 Appropriation 28,882,000 23,975,000 2.18 Summary by Fund 2.19 General 28,546,000 23,633,000 2.20 Environmental 336,000 342,000 2.21 The amounts that may be spent from this 2.22 appropriation for each program are 2.23 specified in the following subdivisions. 2.24 Subd. 2. Protection Service 2.25 11,614,000 11,799,000 2.26 Summary by Fund 2.27 General 11,278,000 11,457,000 2.28 Environmental 336,000 342,000 2.29 $336,000 the first year and $342,000 2.30 the second year are from the 2.31 environmental response, compensation, 2.32 and compliance account in the 2.33 environmental fund. 2.34 $200,000 the first year shall be 2.35 transferred to the seed potato 2.36 inspection fund and used for the 2.37 administration and enforcement of 2.38 Minnesota Statutes, sections 21.80 to 2.39 21.92. This appropriation is to 2.40 supplement the fees paid by seed potato 2.41 growers. This is a one-time 2.42 appropriation. 2.43 $100,000 the first year is to conduct a 2.44 predesign study for a joint agency 2.45 laboratory that will serve the 2.46 environmental laboratory needs of the 2.47 department of agriculture, department 2.48 of natural resources, pollution control 3.1 agency, and the Minnesota department of 3.2 health. This is a one-time 3.3 appropriation. 3.4 $25,000 the first year and $25,000 the 3.5 second year are for expenses associated 3.6 with the licensing and management of 3.7 cervidae shooting preserves in section 3.8 12. This is a one-time appropriation. 3.9 $250,000 the first year and $50,000 the 3.10 second year shall be transferred to the 3.11 grain inspection account to replace 3.12 revenues lost due to poor yields and 3.13 low market prices for grains during 3.14 1999. This is a one-time appropriation. 3.15 $30,000 the first year and $30,000 the 3.16 second year are to replace cuts in 3.17 federal funding for the elevator 3.18 inspection program. This is a one-time 3.19 appropriation. 3.20 $158,000 the first year and $158,000 3.21 the second year are for payment of 3.22 claims relating to livestock damaged by 3.23 threatened or endangered animal species 3.24 and agricultural crops damaged by elk. 3.25 If the appropriation for either year is 3.26 insufficient, the appropriation for the 3.27 other year is available for it. This 3.28 is not a one-time appropriation. 3.29 $309,000 the first year and $309,000 3.30 the second year are an increase for the 3.31 grade A and manufacturing grade 3.32 inspection programs under Minnesota 3.33 Statutes, section 32.394. $149,000 of 3.34 the increase each year is a one-time 3.35 appropriation. 3.36 Subd. 3. Agricultural Marketing and Development 3.37 10,641,000 5,842,000 3.38 $25,000 the first year and $25,000 the 3.39 second year are for a grant to the 3.40 University of Minnesota for research on 3.41 grazing or organic farming. This is a 3.42 one-time appropriation. 3.43 Notwithstanding Minnesota Statutes, 3.44 section 41A.09, subdivision 3a, the 3.45 total payments from the ethanol 3.46 development account to all producers 3.47 may not exceed $74,117,000 for the 3.48 biennium ending June 30, 2001. If the 3.49 total amount for which all producers 3.50 are eligible in a quarter exceeds the 3.51 amount available for payments, the 3.52 commissioner shall make the payments on 3.53 a pro rata basis. In fiscal year 2000, 3.54 the commissioner shall first reimburse 3.55 producers for eligible unpaid claims 3.56 accumulated through June 30, 1999. 3.57 $200,000 the first year is for a loan 3.58 from the rural finance authority to an 3.59 entity that develops a facility that 3.60 uses poultry litter as a fuel for the 3.61 generation of electricity. Principal 4.1 and interest payments on the loan must 4.2 be deposited in the general fund. 4.3 $300,000 the first year is for an 4.4 operating loan from the rural finance 4.5 authority to a cooperative association 4.6 organized under Minnesota Statutes, 4.7 chapter 308A, for development and 4.8 operation of a livestock packing 4.9 plant. Principal and interest payments 4.10 on the loan must be deposited in the 4.11 general fund. 4.12 $50,000 the first year is for the 4.13 commissioner, in consultation with the 4.14 commissioner of economic development, 4.15 to conduct a study of the need for a 4.16 commercial shipping port at which 4.17 agricultural cooperatives or individual 4.18 farmers would have access to port 4.19 facilities. 4.20 $300,000 the first year is for an 4.21 operating loan from the rural finance 4.22 authority to a cooperative association 4.23 organized under Minnesota Statutes, 4.24 chapter 308A, for development and 4.25 operation of an alfalfa pelletizing 4.26 plant. Principal and interest payments 4.27 on the loan must be deposited in the 4.28 general fund. 4.29 Notwithstanding the transfers from the 4.30 ethanol development fund to the general 4.31 fund required under Laws 1997, chapter 4.32 216, section 17, and Laws 1998, chapter 4.33 401, section 10, $500,000 must be 4.34 retained in the ethanol development 4.35 fund until June 30, 2000. This sum is 4.36 available for making one additional 4.37 loan under Minnesota Statutes, section 4.38 41B.044. This provision is effective 4.39 the day following final enactment. 4.40 $1,500,000 the first year is for a 4.41 grant to a qualified institution or 4.42 organization to pursue further research 4.43 on diseases of soybeans including, but 4.44 not limited to, soybean cyst nematode 4.45 (SCN), white mold (sclerotinia stem 4.46 rot), phytophthora root rot (PRR), and 4.47 iron deficiency chlorosis. $300,000 of 4.48 this appropriation may be designated 4.49 for research on specialty gene traits 4.50 of soybeans. This is a one-time 4.51 appropriation. 4.52 $100,000 the first year is for a grant 4.53 to a qualified institution to fund 4.54 research on turkey respiratory disease 4.55 control and prevention. This 4.56 appropriation is in addition to other 4.57 public and nonpublic money for turkey 4.58 research. This is a one-time 4.59 appropriation. 4.60 $100,000 the first year is for a grant 4.61 to a qualified institution to fund 4.62 research on potato aphids. This 4.63 appropriation is in addition to other 4.64 public and nonpublic money for potato 5.1 aphid research. This is a one-time 5.2 appropriation. 5.3 $120,000 the first year is for a grant 5.4 to the University of Minnesota 5.5 extension service for its farm safety 5.6 and health program. This is a one-time 5.7 appropriation. 5.8 $400,000 the first year and $100,000 5.9 the second year are to establish an 5.10 agricultural water quality and quantity 5.11 management, research, demonstration, 5.12 and education program. Of this 5.13 biennial appropriation, $250,000 is for 5.14 projects at the Lamberton site and 5.15 $250,000 is for projects at the Waseca 5.16 site. The commissioner may contract 5.17 with the University of Minnesota or 5.18 others for the implementation of parts 5.19 of the program. If the appropriation 5.20 for either is insufficient, the 5.21 appropriation for the other year is 5.22 available. This is a one-time 5.23 appropriation. 5.24 $500,000 the first year is for a grant 5.25 to the University of Minnesota for the 5.26 agricultural experiment stations. This 5.27 amount must be distributed to the 5.28 stations in equal amounts and must be 5.29 used for agricultural crop and 5.30 livestock research projects. This is a 5.31 one-time appropriation. 5.32 $300,000 the first year is for a grant 5.33 to the Minnesota agriculture education 5.34 leadership council for a planning grant 5.35 for an urban agricultural high school. 5.36 This appropriation is available until 5.37 June 30, 2001. This is a one-time 5.38 appropriation. 5.39 $75,000 the first year and $75,000 the 5.40 second year are for grants to the 5.41 Minnesota agriculture education 5.42 leadership council for grants to school 5.43 districts for agricultural literacy and 5.44 for community agricultural programs. 5.45 This is a one-time appropriation. 5.46 $900,000 the first year and $462,000 5.47 the second year are to the commissioner 5.48 of agriculture for programs to 5.49 aggressively promote, develop, expand, 5.50 and enhance the marketing of 5.51 agricultural products from Minnesota 5.52 producers and processors. The 5.53 commissioner must enter into 5.54 collaborative efforts with the 5.55 department of trade and economic 5.56 development, the world trade center 5.57 corporation, and other public or 5.58 private entities knowledgeable in 5.59 market identification and development. 5.60 The commissioner may also contract with 5.61 or make grants to public or private 5.62 organizations involved in efforts to 5.63 enhance communication between producers 5.64 and markets and organizations that 5.65 identify, develop, and promote the 6.1 marketing of Minnesota agricultural 6.2 crops, livestock, and produce in local, 6.3 regional, national, and international 6.4 marketplaces. Grants may be provided 6.5 to appropriate organizations including 6.6 those functioning as marketing clubs, 6.7 to a cooperative known as Minnesota 6.8 Marketplace, and to recognized 6.9 associations of producers or processors 6.10 of organic foods or Minnesota grown 6.11 specialty crops. Beginning October 15, 6.12 1999, and 15 days after the close of 6.13 each calendar quarter thereafter, the 6.14 commissioner shall provide to the 6.15 senate and house committees with 6.16 jurisdiction over agriculture policy 6.17 and funding interim reports of the 6.18 progress toward accomplishing the goals 6.19 of this item. The commissioner shall 6.20 deliver a final report on March 1, 6.21 2001. If the appropriation for either 6.22 year is insufficient, the appropriation 6.23 for the other year is available. This 6.24 is a one-time appropriation that 6.25 remains available until expended. 6.26 $30,000 the first year is for staff 6.27 support and other expenses of the 6.28 roundtable to assess producer 6.29 production contracts under section 64. 6.30 This appropriation is available until 6.31 June 30, 2001. This is a one-time 6.32 appropriation. 6.33 $40,000 the first year and $10,000 the 6.34 second year are for development of a 6.35 site on the Internet for extending "Ag 6.36 in the Classroom" information and 6.37 materials and maintenance of the site. 6.38 This is a one-time appropriation. 6.39 $125,000 the first year and $125,000 6.40 the second year are for a grant to the 6.41 University of Minnesota to employ and 6.42 support a senior researcher in plant 6.43 genetics for additional research on the 6.44 development of scab-resistant wheat 6.45 varieties. This is a one-time 6.46 appropriation. 6.47 $400,000 the first year is for a grant 6.48 to the Minnesota state colleges and 6.49 universities for providing financial 6.50 analysis assistance to farm operators 6.51 who apply for farm operating loans. 6.52 This is a one-time appropriation. 6.53 $71,000 the first year and $71,000 the 6.54 second year are for transfer to the 6.55 Minnesota grown matching account and 6.56 may be used as grants for Minnesota 6.57 grown promotion under Minnesota 6.58 Statutes, section 17.109. 6.59 $610,000 the first year and $460,000 6.60 the second year are for continued 6.61 research of solutions and alternatives 6.62 for manure management and odor 6.63 control. This is a one-time 6.64 appropriation. 7.1 $50,000 the first year and $50,000 the 7.2 second year are for beaver damage 7.3 control grants for the purposes of 7.4 Minnesota Statutes, section 17.110. 7.5 $80,000 the first year and $80,000 the 7.6 second year are for grants to farmers 7.7 for demonstration projects involving 7.8 sustainable agriculture. If a project 7.9 cost is more than $25,000, the amount 7.10 above $25,000 must be matched at the 7.11 rate of one state dollar for each 7.12 dollar of nonstate money. Priorities 7.13 must be given for projects involving 7.14 multiple parties. Up to $20,000 each 7.15 year may be used for dissemination of 7.16 information about the demonstration 7.17 grant projects. If the appropriation 7.18 for either year is insufficient, the 7.19 appropriation for the other is 7.20 available. 7.21 Subd. 4. Administration and 7.22 Financial Assistance 7.23 6,627,000 6,334,000 7.24 $49,000 the first year and $49,000 the 7.25 second year are for family farm 7.26 security interest payment adjustments. 7.27 If the appropriation for either year is 7.28 insufficient, the appropriation for the 7.29 other year is available for it. No new 7.30 loans may be approved in fiscal year 7.31 2000 or 2001. 7.32 $254,000 the first year and $254,000 7.33 the second year are for the farm 7.34 advocates program. 7.35 $70,000 the first year and $70,000 the 7.36 second year are for the Northern Crops 7.37 Institute. These appropriations may be 7.38 spent to purchase equipment. 7.39 $250,000 the first year is for creation 7.40 of a rapid response fund under the 7.41 control of the commissioner for 7.42 response to agricultural crop or 7.43 livestock emergency situations. This 7.44 is a one-time appropriation and remains 7.45 available until expended. 7.46 $150,000 the first year and $150,000 7.47 the second year are for grants to 7.48 agriculture information centers. The 7.49 grants are only available on a match 7.50 basis. The funds may be released at 7.51 the rate of $5 of state money for each 7.52 $1 of matching nonstate money. 7.53 $19,000 the first year and $19,000 the 7.54 second year are for a grant to the 7.55 Minnesota Livestock Breeders' 7.56 Association. 7.57 The $467,000 base appropriated under 7.58 Laws 1998, chapter 401, section 6, for 7.59 food coupons is canceled. 7.60 $175,000 the first year and $175,000 8.1 the second year must be spent for the 8.2 WIC coupon program. 8.3 $50,000 the first year and $50,000 the 8.4 second year are for the Passing on the 8.5 Farm Center under Minnesota Statutes, 8.6 section 17.985. This appropriation is 8.7 available only to the extent matched 8.8 with nonstate money. 8.9 $1,767,000 the first year and 8.10 $1,697,000 the second year are for an 8.11 electronic information management 8.12 system. 8.13 $267,000 the first year and $200,000 8.14 the second year are for the dairy 8.15 inspection account. Of the first year 8.16 appropriation, up to $50,000 is 8.17 available for additional funding of 8.18 beaver damage control grants. This is 8.19 a one-time appropriation. By February 8.20 15, 2000, the commissioner shall review 8.21 the fairness and equity of the fee 8.22 structure for dairy inspections and 8.23 report the findings to the legislature. 8.24 $50,000 the first year is to complete a 8.25 study of the business climate for dairy 8.26 farmers. This is a one-time 8.27 appropriation. 8.28 Sec. 3. BOARD OF ANIMAL HEALTH 2,985,000 3,039,000 8.29 $118,000 each year is for a program to 8.30 investigate the avian pneumovirus 8.31 disease and to identify the infected 8.32 flocks. This is a one-time 8.33 appropriation. 8.34 $150,000 the first year and $150,000 8.35 the second year are additional money 8.36 for a program to control 8.37 paratuberculosis ("Johne's disease") in 8.38 domestic bovine herds. 8.39 $125,000 the first year and $125,000 8.40 the second year are for pseudorabies 8.41 control programs. This is a one-time 8.42 appropriation. 8.43 Sec. 4. MINNESOTA HORTICULTURAL 8.44 SOCIETY 82,000 82,000 8.45 Sec. 5. AGRICULTURAL UTILIZATION 8.46 RESEARCH INSTITUTE 4,330,000 4,330,000 8.47 Summary by Fund 8.48 General 4,130,000 4,130,000 8.49 Special Revenue 200,000 200,000 8.50 $200,000 each year shall be transferred 8.51 from the department of agriculture's 8.52 pesticide regulatory account in the 8.53 special revenue fund for the pesticide 8.54 reduction options program. This is a 8.55 one-time appropriation. By January 15, 8.56 2000, the Agricultural Utilization 8.57 Research Institute must report to the 9.1 standing committees of the house and 9.2 senate with jurisdiction over 9.3 agricultural policy issues on the 9.4 pesticide reduction options program. 9.5 The Agricultural Utilization Research 9.6 Institute must collaborate with the 9.7 commissioner of agriculture on issues 9.8 of market development and technology 9.9 transfer. 9.10 The base funding for the Agricultural 9.11 Utilization Research Institute in 9.12 fiscal year 2002 and thereafter is 9.13 reduced by $73,000 each fiscal year. 9.14 Sec. 6. Minnesota Statutes 1998, section 17.115, 9.15 subdivision 3, is amended to read: 9.16 Subd. 3. [AWARDING OF LOANS.] (a) Applications for loans 9.17 must be made to the commissioner on forms prescribed by the 9.18 commissioner. 9.19 (b) The applications must be reviewed, ranked, and 9.20 recommended by a loan review panel appointed by the 9.21 commissioner. The loan review panel shall consist of two 9.22 lenders with agricultural experience, two resident farmers of 9.23 the state using sustainable agriculture methods, two resident 9.24 farmers of the state using organic agriculture methods, a farm 9.25 management specialist, a representative from a post-secondary 9.26 education institution, and a chair from the department. 9.27 (c) The loan review panel shall rank applications according 9.28 to the following criteria: 9.29 (1) realize savings to the cost of agricultural production 9.30 and project savings to repay the cost of the loan; 9.31 (2) reduce or make more efficient use of energy; and 9.32 (3) reduce production costs. 9.33 (d) A loan application must show that the loan can be 9.34 repaid by the applicant. 9.35 (e) The commissioner must consider the recommendations of 9.36 the loan review panel and may make loans for eligible projects. 9.37 Priority must be given based on the amount of savings realized 9.38 by adopting the practice implemented by the loan. 9.39 Sec. 7. Minnesota Statutes 1998, section 17.116, 9.40 subdivision 3, is amended to read: 9.41 Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants 10.1 must be made to the commissioner on forms prescribed by the 10.2 commissioner. 10.3 (b) The applications must be reviewed, ranked, and 10.4 recommended by a technical review panel appointed by the 10.5 commissioner. The technical review panel shall consist of a 10.6 soil scientist, an agronomist, a representative from a 10.7 post-secondary educational institution, two resident farmers of 10.8 the state using sustainable agriculture methods, two resident 10.9 farmers of the state using organic agriculture methods, and a 10.10 chair from the department. 10.11 (c) The technical review panel shall rank applications 10.12 according to the following criteria: 10.13 (1) direct or indirect energy savings or production; 10.14 (2) environmental benefit; 10.15 (3) farm profitability; 10.16 (4) the number of farms able to apply the techniques or the 10.17 technology proposed; 10.18 (5) the effectiveness of the project as a demonstration; 10.19 (6) the immediate transferability of the project to farms; 10.20 and 10.21 (7) the ability of the project to accomplish its goals. 10.22 (d) The commissioner shall consider the recommendations of 10.23 the technical review panel and may award grants for eligible 10.24 projects. Priority must be given to applicants who are farmers 10.25 or groups of farmers. 10.26 (e) Grants for eligible projects may not exceed $25,000 10.27 unless the portion above $25,000 is matched on an equal basis by 10.28 the applicant's cash or in-kind land use contribution. Grant 10.29 funding of projects may not exceed $50,000 under this section, 10.30 but applicants may utilize other funding sources. A portion of 10.31 each grant must be targeted for public information activities of 10.32 the project. 10.33 (f) A project may continue for up to three years. 10.34 Multiyear projects must be reevaluated by the technical review 10.35 panel and the commissioner before second or third year funding 10.36 is approved. A project is limited to one grant for its funding. 11.1 Sec. 8. Minnesota Statutes 1998, section 17.136, is 11.2 amended to read: 11.3 17.136 [ANIMAL FEEDLOTS; POLLUTION CONTROL; FEEDLOT AND 11.4 MANURE MANAGEMENT ADVISORY COMMITTEE.] 11.5 (a) The commissioner of agriculture and the commissioner of 11.6 the pollution control agency shall establish a feedlot and 11.7 manure management advisory committee to identify needs, goals, 11.8 and suggest policies for research, monitoring, and regulatory 11.9 activities regarding feedlot and manure management. In 11.10 establishing the committee, the commissioner shall give first 11.11 consideration to members of the existing feedlot advisory group. 11.12 (b) The committee must include representation from beef, 11.13 dairy, pork, chicken, and turkey producer organizations. The 11.14 committee shall not exceed1823 members, but, after June 30, 11.1519971999, must include representatives from at least four 11.16 environmental organizations, eight livestock producers,andfour 11.17 experts in soil and water science, nutrient management, and 11.18 animal husbandry, two commercial solid manure applicators who 11.19 are not producers, two commercial liquid manure applicators who 11.20 are not producers, and one member from an organization 11.21 representing local units of government, and chairs of the senate 11.22 and the house of representatives committees that deal with 11.23 agricultural policy or the designees of the chairs. In 11.24 addition, the departments of agriculture, health, and natural 11.25 resources, the pollution control agency, board of water and soil 11.26 resources, soil and water conservation districts, the federal 11.27 Natural Resource Conservation Service, the association of 11.28 Minnesota counties, and the Farm Service Agency shall serve on 11.29 the committee as ex officio nonvoting members. 11.30 (c) The advisory committee shall elect a chair and a 11.31 vice-chair from its members. The department and the agency 11.32 shall provide staff support to the committee. 11.33 (d) The commissioner of agriculture and the commissioner of 11.34 the pollution control agency shall consult with the advisory 11.35 committee during the development of any policies, rules, or 11.36 funding proposals or recommendations relating to feedlots or 12.1 feedlot-related manure management. 12.2 (e) The commissioner of agriculture shall consult with the 12.3 advisory committee on establishing a list of manure management 12.4 research needs and priorities. 12.5 (f) The advisory committee shall advise the commissioners 12.6 on other appropriate matters. 12.7 (g) Nongovernment members of the advisory committee shall 12.8 receive expenses, in accordance with section 15.059, subdivision 12.9 6. The advisory committee expires on June 30, 2001. 12.10 Sec. 9. Minnesota Statutes 1998, section 17.451, 12.11 subdivision 2, is amended to read: 12.12 Subd. 2. [FARMED CERVIDAE.] "Farmed cervidae" means 12.13 members of the cervidae family that are: 12.14 (1) raised for the purpose of shooting, harvesting, 12.15 producing fiber, meat, or animal by-products, as pets, or as 12.16 breeding stock; and 12.17 (2) registered in a manner approved by the board of animal 12.18 health. 12.19 Sec. 10. Minnesota Statutes 1998, section 17.452, 12.20 subdivision 5, is amended to read: 12.21 Subd. 5. [RAISING FARMED CERVIDAE IS AN AGRICULTURAL 12.22 PURSUIT.] Raising farmed cervidae is agricultural production and 12.23 an agricultural pursuit, which may include the sale of farmed 12.24 cervidae to a person for personal consumption. Personal 12.25 consumption may include the taking of farmed cervidae by 12.26 firearms or archery on a licensed shooting preserve. 12.27 Sec. 11. Minnesota Statutes 1998, section 17.452, 12.28 subdivision 8, is amended to read: 12.29 Subd. 8. [SLAUGHTER.] Farmed cervidae that are to be sold 12.30 for commercial meat purposes must be slaughtered and inspected 12.31 in accordance with the United States Department of Agriculture 12.32 voluntary program for exotic animals, Code of Federal 12.33 Regulations, title 9, part 352. 12.34 Sec. 12. [17.4521] [CERVIDAE SHOOTING PRESERVES.] 12.35 Subdivision 1. [FEES FOR SHOOTING PRESERVES.] (a) The fee 12.36 for a cervidae shooting preserve license is $500 for the 13.1 original application and $500 for the annual license. 13.2 (b) Shooting preserve licenses issued under this 13.3 subdivision expire on the last day of March. The annual renewal 13.4 fee for a license is $25. 13.5 Subd. 2. [SHOOTING PRESERVE APPLICATION.] The commissioner 13.6 may license up to ten cervidae shooting preserves in the state. 13.7 An application for a cervidae shooting preserve license must be 13.8 filed with the commissioner. The application must include a 13.9 legal description of the shooting preserve land, number of 13.10 acres, species to be harvested, and other necessary information 13.11 prescribed by the commissioner. 13.12 Subd. 3. [LICENSES.] A person may not operate a cervidae 13.13 shooting preserve without a license. The commissioner, in 13.14 consultation with the commissioner of natural resources, may 13.15 issue a license to operate a cervidae shooting preserve if the 13.16 commissioner determines that it is in the public interest and 13.17 that there will not be an adverse effect on wild cervidae 13.18 populations. Shooting preserves may be located in all parts of 13.19 the state as determined by the commissioner. The commissioner 13.20 shall either grant or deny the request for a shooting preserve 13.21 license within 60 days of the date the initial completed 13.22 application was received or within 30 days of a request for 13.23 license renewal. 13.24 Subd. 4. [GAME AVAILABLE.] Game that may be released and 13.25 harvested in a licensed cervidae shooting preserve must be 13.26 specified in the license and are limited to species raised as 13.27 farmed cervidae under sections 17.451 and 17.452. Only farmed 13.28 cervidae from herds in the accredited program of the board of 13.29 animal health may be transported to and released in a licensed 13.30 cervidae shooting preserve. 13.31 Subd. 5. [LOCATION; SIZE OF PRESERVE.] A shooting preserve 13.32 must be separated from any farmed cervidae breeding pens or 13.33 pastures by a minimum distance established by the commissioner. 13.34 A shooting preserve must contain not less than 240 nor more than 13.35 960 contiguous acres, including any water area, and must have 13.36 areas of cover to provide for concealment of the cervidae 14.1 sufficient to prevent the cervidae from being visible in all 14.2 parts of the preserve at one time and must afford cervidae the 14.3 chance of escape from pursuit by patrons of the shooting 14.4 preserve. 14.5 Subd. 6. [POSTING OF BOUNDARIES.] The boundaries of a 14.6 shooting preserve must be clearly posted in a manner prescribed 14.7 by the commissioner. The operator must post signs around the 14.8 entire perimeter of the preserve at intervals not to exceed 500 14.9 feet. 14.10 Subd. 7. [FENCING AND ENCLOSURES.] All perimeter fencing 14.11 must comply with farmed cervidae requirements in section 17.452. 14.12 Subd. 8. [REMOVAL OF ALL WILD CERVIDAE.] All wild cervidae 14.13 must be removed from the shooting preserve property at the 14.14 owner's expense prior to final issuance of the shooting preserve 14.15 license. 14.16 Subd. 9. [REVOCATION OF LICENSE.] The commissioner may 14.17 revoke a shooting preserve license if the licensee or persons 14.18 authorized to hunt in the shooting preserve have been convicted 14.19 of a violation under this section. After revocation, a new 14.20 license may be issued at the discretion of the commissioner. 14.21 Subd. 10. [HUNTING LICENSE NOT REQUIRED.] A hunting 14.22 license is not required to hunt authorized species of cervidae 14.23 on a licensed shooting preserve. 14.24 Subd. 11. [SEASON.] (a) The open season for harvesting in 14.25 a shooting preserve is August 15 through March 31. 14.26 (b) The commissioner may restrict the open season after 14.27 receiving a complaint, holding a public hearing, and finding 14.28 that the population of a particular species of wild cervidae is 14.29 harmed by harvesting in the shooting preserve. 14.30 Subd. 12. [WEAPONS LIMITATIONS.] A person may take farmed 14.31 cervidae on a shooting preserve by archery or firearms 14.32 authorized by law to take wild cervidae in the same area. 14.33 Subd. 13. [LICENSEE MAY ESTABLISH RESTRICTIONS.] A 14.34 shooting preserve licensee is responsible for determining who is 14.35 allowed to harvest in the preserve. In each preserve, the 14.36 licensee may establish the charge for taking cervidae, the 15.1 shooting hours, the season, weapon limitations, and restrictions 15.2 on the age, sex, and number of each species that may be taken by 15.3 the hunter. These provisions may not conflict with this section 15.4 and may not be less restrictive than any rule. 15.5 Subd. 14. [IDENTIFICATION AND MARKING OF CERVIDAE.] All 15.6 cervidae must be identified by permanent tattoo, electronic 15.7 implant, or other means of identification that comply with 15.8 section 17.452. 15.9 Subd. 15. [MARKING HARVESTED CERVIDAE.] Harvested cervidae 15.10 must be marked in accordance with or identified by the shooting 15.11 preserve operator in a manner prescribed by the commissioner. 15.12 The commissioner may issue the tags or other markings at a cost 15.13 not to exceed $2 each. The marking must remain attached on the 15.14 cervidae while the cervidae is transported. 15.15 Subd. 16. [RECORDKEEPING.] A shooting preserve must 15.16 maintain a registration book listing the names, addresses, and 15.17 hunting license numbers, if applicable, of all patrons of the 15.18 shooting preserve, the date when they harvested, the amount and 15.19 species of cervidae taken, and the tag numbers or other markings 15.20 affixed to each animal. A shooting preserve must keep records 15.21 of the number of each species raised and purchased and the date 15.22 and number of each species released. An annual report shall be 15.23 made to the commissioner by the date herd registration is 15.24 required. The records must be open to inspection by the 15.25 commissioner at all reasonable times. 15.26 Sec. 13. Minnesota Statutes 1998, section 17.59, 15.27 subdivision 5, is amended to read: 15.28 Subd. 5. [COMMODITIES RESEARCH AND PROMOTION ACCOUNT.] All 15.29 fees collected by the department under sections 17.51 to 17.69 15.30 and any other fees and income received by the department in the 15.31 administration of these statutes shall be deposited in a 15.32 separate account known as the commodity research and promotion 15.33 account in the special revenue fund. All money in the account, 15.34 including interest, is appropriated to the commissioner to carry 15.35 out the duties of sections 17.51 to 17.69. 15.36 Sec. 14. Minnesota Statutes 1998, section 17A.11, is 16.1 amended to read: 16.2 17A.11 [FEES FOR LIVESTOCK WEIGHING.] 16.3 The commissioner shall prescribe the fee necessary to cover 16.4 the cost of state weighing, to be assessed and collected from 16.5 the seller in the manner the commissioner may prescribe. The 16.6 fee assessed must be the same, and the manner of collection of 16.7 the fee must be uniform at all facilities. At any location 16.8 where state weighing is performed in accordance with this 16.9 chapter and the total annual fees collected are insufficient to 16.10 pay the cost of the weighing, the annual deficit shall be 16.11 assessed and collected in the manner the commissioner may 16.12 prescribe. Additional money arising from the weighing of 16.13 animals by the commissioner, which has been collected and 16.14 retained by any person, shall be paid on demand to the 16.15 commissioner. All money collected by the commissioner shall be 16.16 deposited in the state treasury and credited to the livestock 16.17 weighing fund. All money in the fund is appropriated to the 16.18 commissioner to carry out the duties of section 17A.10. 16.19 Sec. 15. Minnesota Statutes 1998, section 18B.05, 16.20 subdivision 1, is amended to read: 16.21 Subdivision 1. [ESTABLISHMENT.] A pesticide regulatory 16.22 account is established in the state treasury. Fees and 16.23 penalties collected under this chapter must be deposited in the 16.24 state treasury and credited to the pesticide regulatory 16.25 account. All money in the account, including interest, is 16.26 appropriated to the commissioner for the administration and 16.27 enforcement of this chapter. 16.28 Sec. 16. Minnesota Statutes 1998, section 18B.26, 16.29 subdivision 5, is amended to read: 16.30 Subd. 5. [REVIEW AND REGISTRATION.] (a) The commissioner 16.31 may not deny the registration of a pesticide because the 16.32 commissioner determines the pesticide is not essential. 16.33 (b) The commissioner shall review each application and may 16.34 approve, deny, or cancel the registration of any pesticide. The 16.35 commissioner may impose state use and distribution restrictions 16.36 on a pesticide as part of the registration to prevent 17.1 unreasonable adverse effects on the environment. 17.2 (c) The commissioner must notify the applicant of the 17.3 approval, denial, cancellation, state use or distribution 17.4 restrictions. 17.5 (d) The applicant may request a hearing on any adverse 17.6 action of the commissioner within 30 days after being notified. 17.7 (e) The commissioner may exempt from the requirement of 17.8 registration pesticides that have been deregulated or classified 17.9 as minimum risk by the United States Environmental Protection 17.10 Agency. 17.11 Sec. 17. Minnesota Statutes 1998, section 18C.131, is 17.12 amended to read: 17.13 18C.131 [FERTILIZER INSPECTION ACCOUNT.] 17.14 A fertilizer inspection account is established in the state 17.15 treasury. The fees collected under this chapter and interest 17.16 attributable to money in the account must be deposited in the 17.17 state treasury and credited to the fertilizer inspection 17.18 account. All money in the account, including interest earned, 17.19 is appropriated to the commissioner for the administration and 17.20 enforcement of this chapter. 17.21 Sec. 18. Minnesota Statutes 1998, section 18E.02, 17.22 subdivision 5, is amended to read: 17.23 Subd. 5. [ELIGIBLE PERSON.] "Eligible person" means: 17.24 (1) a responsible party or an owner of real property, but 17.25 does not include the state, a state agency, a political 17.26 subdivision of the state, except as provided in clause (2), the 17.27 federal government, or an agency of the federal government; 17.28 (2) the owners of municipal airportsat Perham, Madison,17.29and Hector,in Minnesota where a licensed aerial pesticide 17.30 applicator has caused an incident through storage, handling, or 17.31 distribution operations for agricultural chemicals if (i) the 17.32 commissioner has determined that corrective action is necessary 17.33 and (ii) the commissioner determines, and the agricultural 17.34 chemical response compensation board concurs, that based on an 17.35 affirmative showing made by the owner, a responsible party 17.36 cannot be identified or the identified responsible party is 18.1 unable to comply with an order for corrective action; or 18.2 (3) a person involved in a transaction relating to real 18.3 property who is not a responsible party or owner of the real 18.4 property and who voluntarily takes corrective action on the 18.5 property in response to a request or order for corrective action 18.6 from the commissioner, except an owner of a municipal airport18.7not listed in clause (2). 18.8 Sec. 19. [18E.035] [FINANCIAL SECURITY; MUNICIPAL 18.9 AIRPORTS.] 18.10 Section 18E.02, subdivision 5, clause (2), does not 18.11 prohibit the owner of a municipal airport from requiring 18.12 financial security from an aerial pesticide applicator to cover 18.13 any necessary corrective action. 18.14 Sec. 20. Minnesota Statutes 1998, section 21.115, is 18.15 amended to read: 18.16 21.115 [FEES; SEED POTATO INSPECTION FUND.] 18.17 The commissioner shall fix the fees for all inspections and 18.18 certifications in such amounts as from time to time may be found 18.19 necessary to pay the expenses of carrying out and enforcing the 18.20 purposes of sections 21.111 to 21.122, with a reasonable 18.21 reserve, and shall require the same to be paid before such 18.22 inspections or certifications are made. All moneys collected as 18.23 fees or as penalties for violations of any of the provisions of 18.24 such sections shall be paid into the state treasury and therein 18.25 credited to the seed potato inspection fund of the commissioner, 18.26 which fund is hereby created and appropriated for carrying out 18.27 the purposes of sections 21.111 to 21.122. Interest, if any, 18.28 received on deposits of these moneys shall be credited to such 18.29 fund, and there shall be paid into this fund any sum provided by 18.30 the legislature for the purpose of carrying out the provisions 18.31 of such sections. 18.32 Sec. 21. Minnesota Statutes 1998, section 21.92, is 18.33 amended to read: 18.34 21.92 [SEED INSPECTION FUND.] 18.35 There is established in the state treasury an account known 18.36 as the seed inspection fund. Fees and penalties collected by 19.1 the commissioner under sections 21.80 to 21.92 and interest 19.2 attributable to money in the account shall be deposited into 19.3 this account. The rates at which the fees are charged may be 19.4 adjusted pursuant to section 16A.1285. Money in the account, 19.5 including interest earned, is appropriated to the commissioner 19.6 for the administration and enforcement of sections 21.80 to 19.7 21.92. 19.8 Sec. 22. Minnesota Statutes 1998, section 25.39, 19.9 subdivision 4, is amended to read: 19.10 Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A 19.11 commercial feed inspection account is established in the state 19.12 treasury. Fees and penalties collected under sections 25.35 to 19.13 25.43 and interest attributable to money in the account must be 19.14 deposited in the state treasury and credited to the commercial 19.15 feed inspection account. Money in the account, including 19.16 interest earned, is appropriated to the commissioner for the 19.17 administration and enforcement of sections 25.341 to 25.43. 19.18 Sec. 23. Minnesota Statutes 1998, section 27.07, 19.19 subdivision 6, is amended to read: 19.20 Subd. 6. [COOPERATIVE AGREEMENTS; FEES; ACCOUNT.] The 19.21 commissioner may collect fees as provided for in cooperative 19.22 agreements between the commissioner and the United States 19.23 Department of Agriculture for the inspection of fresh fruits, 19.24 vegetables, and other products. The fees and interest 19.25 attributable to money in the account must be deposited in the 19.26 state treasury and credited to a fruit and vegetables inspection 19.27 account. Money in the account, including interest earned, is 19.28 appropriated to the commissioner to administer the cooperative 19.29 agreements. 19.30 Sec. 24. Minnesota Statutes 1998, section 28A.08, 19.31 subdivision 3, is amended to read: 19.32 Subd. 3. [FEES EFFECTIVE JULY 1,19961999.] 19.33 Penalties 19.34 Type of food handler License Late No 19.35 Fee Renewal License 19.36 Effective 20.1 July 1,19961999 20.2 1. Retail food handler 20.3 (a) Having gross sales of only 20.4 prepackaged nonperishable food 20.5 of less than $15,000 for 20.6 the immediately previous 20.7 license or fiscal year and 20.8 filing a statement with the 20.9 commissioner$ 45$ 15$ 2520.10 $ 48 $ 16 $ 27 20.11 (b) Having under $15,000 gross 20.12 sales including food preparation 20.13 or having $15,000 to $50,000 20.14 gross sales for the immediately 20.15 previous license or fiscal year$ 61$ 15$ 2520.16 $ 65 $ 16 $ 27 20.17 (c) Having $50,000 to $250,000 20.18 gross sales for the immediately 20.19 previous license or fiscal year$118$ 35$ 7520.20 $126 $ 37 $ 80 20.21 (d) Having $250,000 to 20.22 $1,000,000 gross sales for the 20.23 immediately previous license or 20.24 fiscal year$202$ 50$10020.25 $216 $ 54 $107 20.26 (e) Having $1,000,000 to 20.27 $5,000,000 gross sales for the 20.28 immediately previous license or 20.29 fiscal year$562$100$17520.30 $601 $107 $187 20.31 (f) Having $5,000,000 to 20.32 $10,000,000 gross sales for the 20.33 immediately previous license or 20.34 fiscal year$787$150$30020.35 $842 $161 $321 20.36 (g) Having over $10,000,000 21.1 gross sales for the immediately 21.2 previous license or fiscal year$899$200$35021.3 $962 $214 $375 21.4 2. Wholesale food handler 21.5 (a) Having gross sales or 21.6 service of less than $25,000 21.7 for the immediately previous 21.8 license or fiscal year$ 50$ 15$ 1521.9 $ 54 $ 16 $ 16 21.10 (b) Having $25,000 to 21.11 $250,000 gross sales or 21.12 service for the immediately 21.13 previous license or fiscal year$225$ 50$10021.14 $241 $ 54 $107 21.15 (c) Having $250,000 to 21.16 $1,000,000 gross sales or 21.17 service from a mobile unit 21.18 without a separate food facility 21.19 for the immediately previous 21.20 license or fiscal year$337$ 75$15021.21 $361 $ 80 $161 21.22 (d) Having $250,000 to 21.23 $1,000,000 gross sales or 21.24 service not covered under 21.25 paragraph (c) for the immediately 21.26 previous license or fiscal year$449$100$20021.27 $480 $107 $214 21.28 (e) Having $1,000,000 to 21.29 $5,000,000 gross sales or 21.30 service for the immediately 21.31 previous license or fiscal year$562$125$25021.32 $601 $134 $268 21.33 (f) Having over $5,000,000 gross 21.34 sales for the immediately 21.35 previous license or fiscal year$647$150$30021.36 $692 $161 $321 22.1 3. Food broker$112$ 30$ 5022.2 $120 $ 32 $ 54 22.3 4. Wholesale food processor 22.4 or manufacturer 22.5 (a) Having gross sales of less 22.6 than $125,000 for the 22.7 immediately previous license 22.8 or fiscal year$150$ 50$10022.9 $161 $ 54 $107 22.10 (b) Having $125,000 to $250,000 22.11 gross sales for the immediately 22.12 previous license or fiscal year$310$ 75$15022.13 $332 $ 80 $161 22.14 (c) Having $250,001 to $1,000,000 22.15 gross sales for the immediately 22.16 previous license or fiscal year$449$100$20022.17 $480 $107 $214 22.18 (d) Having $1,000,001 to 22.19 5,000,000 gross sales for the 22.20 immediately previous license or 22.21 fiscal year$562$125$25022.22 $601 $134 $268 22.23 (e) Having $5,000,001 to 22.24 $10,000,000 gross sales for 22.25 the immediately previous 22.26 license or fiscal year$647$150$30022.27 $692 $161 $321 22.28 (f) Having over $10,000,000 22.29 gross sales for the immediately 22.30 previous license or fiscal year$900$200$35022.31 $963 $214 $375 22.32 5. Wholesale food processor of 22.33 meat or poultry products 22.34 under supervision of the 22.35 U. S. Department of Agriculture 22.36 (a) Having gross sales of less 23.1 than $125,000 for the 23.2 immediately previous license 23.3 or fiscal year$100$ 25$ 5023.4 $107 $ 27 $ 54 23.5 (b) Having $125,000 to 23.6 $250,000 gross sales for the 23.7 immediately previous license 23.8 or fiscal year$169$ 50$ 7523.9 $181 $ 54 $ 80 23.10 (c) Having $250,001 to 23.11 $1,000,000 gross sales for the 23.12 immediately previous license 23.13 or fiscal year$253$ 75$12523.14 $271 $ 80 $134 23.15 (d) Having $1,000,001 to 23.16 $5,000,000 gross sales 23.17 for the immediately previous 23.18 license or fiscal year$310$ 75$15023.19 $332 $ 80 $161 23.20 (e) Having $5,000,001 to 23.21 $10,000,000 gross sales for 23.22 the immediately previous 23.23 license or fiscal year$366$100$17523.24 $392 $107 $187 23.25 (f) Having over $10,000,000 23.26 gross sales for the immediately 23.27 previous license or fiscal year$500$150$25023.28 $535 $161 $268 23.29 6. Wholesale food manufacturer 23.30 having the permission of the 23.31 commissioner to use the name 23.32 Minnesota Farmstead cheese $ 30 $ 10 $ 15 23.33 7. Nonresident frozen dairy 23.34 manufacturer $200 $ 50 $ 75 23.35 8. Wholesale food manufacturer 23.36 processing less than 700,000 24.1 pounds per year of raw milk $ 30 $ 10 $ 15 24.2 9. A milk marketing organization 24.3 without facilities for 24.4 processing or manufacturing 24.5 that purchases milk from milk 24.6 producers for delivery to a 24.7 licensed wholesale food 24.8 processor or manufacturer $ 50 $ 15 $ 25 24.9 Sec. 25. [28A.081] [CERTIFICATE FEES.] 24.10 A fee of $75 for each certificate shall be charged to all 24.11 food establishments that request certificates issued by the 24.12 Minnesota department of agriculture to facilitate the movement 24.13 of Minnesota processed and manufactured foods destined for 24.14 export from the state of Minnesota. Certificates include, but 24.15 are not limited to, certificates of free sale, certificates of 24.16 export, certificates of sanitation, sanitary certificates, 24.17 certificates of origin and/or free sale, certificates of health 24.18 and/or free sale, sanitation, and purity, certificate of free 24.19 trade, certificate of free sale, sanitation, purity, and origin, 24.20 certificate of health, sanitation, purity, and free sale, and 24.21 letter of plant certification. 24.22 A food establishment shall be billed within seven days for 24.23 certificates issued. The food establishment must submit payment 24.24 for certificates within ten days of the billing date. If 24.25 certificate fee payments are not received within 15 days of the 24.26 billing date, the department may not issue any future 24.27 certificates until previous fees due are paid in full. 24.28 Sec. 26. Minnesota Statutes 1998, section 31.94, is 24.29 amended to read: 24.30 31.94 [COMMISSIONER DUTIES.] 24.31 (a) The commissioner shall enforce sections 31.92 to 31.95. 24.32 The commissioner shall withhold from sale or trade any product 24.33 sold, labeled, or advertised in violation of sections 31.92 to 24.34 31.95. 24.35 (b) The commissioner shall investigate the offering for 24.36 sale, labeling, or advertising of an article or substance as 25.1 organically grown, organically processed, or produced in an 25.2 organic environment if there is reason to believe that action is 25.3 in violation of sections 31.92 to 31.95. 25.4 (c) The commissioner may adopt rules that further clarify 25.5 organic food standards and marketing practices. 25.6 (d) In order to promote opportunities for organic 25.7 agriculture in Minnesota, the commissioner shall: 25.8 (1) survey producers and support services and organizations 25.9 to determine information and research needs in the area of 25.10 organic agriculture practices; 25.11 (2) work with the University of Minnesota to demonstrate 25.12 the on-farm applicability of organic agriculture practices to 25.13 conditions in this state; 25.14 (3) direct the programs of the department so as to work 25.15 toward the promotion of organic agriculture in this state; 25.16 (4) inform agencies of how state or federal programs could 25.17 utilize and support organic agriculture practices; and 25.18 (5) work closely with farmers, the University of Minnesota, 25.19 the Minnesota trade office, and other appropriate organizations 25.20 to identify opportunities and needs as well as ensure 25.21 coordination and avoid duplication of state agency efforts 25.22 regarding research, teaching, and extension work relating to 25.23 organic agriculture. 25.24 (e) By November 15 of each even-numbered year the 25.25 commissioner, in conjunction with the task force created in 25.26 section 31.95, subdivision 3a, shall report on the status of 25.27 organic agriculture in Minnesota to the legislative policy and 25.28 finance committees and divisions with jurisdiction over 25.29 agriculture. The report must include: 25.30 (1) a description of current state or federal programs 25.31 directed toward organic agriculture, including significant 25.32 results and experiences of those programs; 25.33 (2) a description of specific actions the department of 25.34 agriculture is taking in the area of organic agriculture, 25.35 including the proportion of the department's budget spent on 25.36 organic agriculture; 26.1 (3) a description of current and future research needs at 26.2 all levels in the area of organic agriculture; and 26.3 (4) suggestions for changes in existing programs or 26.4 policies or enactment of new programs or policies that will 26.5 affect organic agriculture. 26.6 Sec. 27. Minnesota Statutes 1998, section 31.95, 26.7 subdivision 3a, is amended to read: 26.8 Subd. 3a. [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota 26.9 grown organic product that is labeled "certified" must be 26.10 certified by a designated certification organization. 26.11 (b) A certified organic product sold in this state must be 26.12 certified by a designated certification organization or by a 26.13 certification organization approved by the commissioner. Before 26.14 approving a certification organization, the commissioner must 26.15 seek the evaluation and recommendation of the Minnesota organic 26.16 advisory task force. 26.17 (c) The commissioner shall appoint a Minnesota organic 26.18 advisory task forcecomposed of members of the organic industry26.19to advise the commissioner on organic issues. Members of the26.20task force may not be paid compensation or costs for expensesto 26.21 advise the commissioner on policies and practices to improve 26.22 organic agriculture in Minnesota. The task force shall consist 26.23 of the following residents of the state: 26.24 (1) three farmers using organic agriculture methods; 26.25 (2) one organic food retailer or distributor; 26.26 (3) one representative of organic food certification 26.27 agencies; 26.28 (4) one organic food processor; 26.29 (5) one representative from the Minnesota extension 26.30 service; 26.31 (6) one representative from an environmental nonprofit 26.32 organization; 26.33 (7) two at-large members; and 26.34 (8) one representative from the agricultural utilization 26.35 research institute. Terms, compensation, and removal of members 26.36 are governed by section 15.059, subdivision 6. The task 27.1 force must meet at least twice each year and expires on June 30, 27.220012003. 27.3 Sec. 28. [31B.32] [DAILY PRICE REPORTS.] 27.4 (a) At the close of each business day on which a packer 27.5 purchased or received on contract livestock for slaughter, the 27.6 packer must report to the United States Department of 27.7 Agriculture, agricultural marketing service, and the Minnesota 27.8 commissioner of agriculture all prices paid for livestock under 27.9 contract and through cash market sales during that business day, 27.10 including: 27.11 (1) the amount of the base price and a description of the 27.12 formula used to establish that base price; 27.13 (2) a description of the types and amount of any premiums 27.14 or discounts including, but not limited to, quality 27.15 characteristics, grade and yield, volume, early delivery, 27.16 percent lean, and transportation or acquisition cost savings to 27.17 the packer; and 27.18 (3) the basis on which payment was made including 27.19 live-weight, carcass weight, or value in the meat. 27.20 (b) The commissioner shall make information reported by 27.21 packers available to the public, through an electronic medium, 27.22 on the day succeeding the day covered by the packer's report. 27.23 The disclosure of information reported by the commissioner may 27.24 be made only in a form that ensures that: 27.25 (1) the identity of the parties involved in any transaction 27.26 described in a report is not disclosed; 27.27 (2) the identity of the packer submitting a report is not 27.28 disclosed; and 27.29 (3) the confidentiality of proprietary business information 27.30 is otherwise protected. 27.31 Sec. 29. Minnesota Statutes 1998, section 32.21, 27.32 subdivision 4, is amended to read: 27.33 Subd. 4. [PENALTIES.] (a) A person, other than a milk 27.34 producer, who violates this section is guilty of a misdemeanor 27.35 or subject to a civil penalty up to $1,000. 27.36 (b) A milk producer may not change milk plants within 30 28.1 days, without permission of the commissioner, after receiving 28.2 notification from the commissioner under paragraph (c) or (d) 28.3 that the milk producer has violated this section. 28.4 (c) A milk producer who violates subdivision 3, clause (1), 28.5 (2), (3), (4), or (5), is subject to clauses (1) to (3) of this 28.6 paragraph. 28.7 (1) Upon notification of the first violation in a 12-month 28.8 period, the producer must meet with the dairy plant field 28.9 service representative to initiate corrective action within 30 28.10 days. 28.11 (2) Upon the second violation within a 12-month period, the 28.12 producer is subject to a civil penalty of $300. The 28.13 commissioner shall notify the producer by certified mail stating 28.14 the penalty is payable in 30 days, the consequences of failure 28.15 to pay the penalty, and the consequences of future violations. 28.16 (3) Upon the third violation within a 12-month period, the 28.17 producer is subject to an additional civil penalty of $300 and 28.18 possible revocation of the producer's permit or certification. 28.19 The commissioner shall notify the producer by certified mail 28.20 that all civil penalties owed must be paid within 30 days and 28.21 that the commissioner is initiating administrative procedures to 28.22 revoke the producer's permit or certification to sell milk for 28.23 at least 30 days. 28.24 (d) The producer's shipment of milk must be immediately 28.25 suspended if the producer is identified as an individual source 28.26 of milk containing residues causing a bulk load of milk to test 28.27 positive in violation of subdivision 3, clause (6) or (7). 28.28Shipment may resumeThe Grade A or manufacturing grade permit 28.29 must be converted to temporary status for not more than 30 days 28.30 and shipment may resume only after subsequent milk has been 28.31 sampled by the commissioner or the commissioner's agent and 28.32 found to contain no residues above established tolerances or 28.33 safe levels. 28.34 The Grade A or manufacturing grade permit may be restored 28.35 if the producerremains eligible only for manufacturing grade28.36until the producercompletes the "Milk and Dairy Beef Residue 29.1 Prevention Protocol" with a licensed veterinarian, displays the 29.2 signed certificate in the milkhouse, and sends verification to 29.3 the commissioner within the 30-day temporary permit status 29.4 period. If the producer does not comply within the temporary 29.5 permit status period, the Grade A or manufacturing grade permit 29.6 must be suspended. A milk producer whose milk supply is in 29.7 violation of subdivision 3, clause (6) or (7), and has caused a 29.8 bulk load to test positive is subject to clauses (1) to (3) of 29.9 this paragraph. 29.10 (1) For the first violation in a 12-month period, a dairy 29.11 plant may collect from the responsible producer the value of the 29.12 contaminated truck load of milk. If the amount collected by the 29.13 plant is less than two days of milk production on that farm, 29.14 then the commissioner must assess the difference as a civil 29.15 penalty payable by the plant or marketing organization on behalf 29.16 of the responsible producer. 29.17 (2) For the second violation in a 12-month period, a dairy 29.18 plant may collect from the responsible producer the value of the 29.19 contaminated truck load of milk. If the amount collected by the 29.20 plant is less than four days of milk production on that farm, 29.21 then the commissioner must assess the difference as a civil 29.22 penalty payable by the plant or marketing organization on behalf 29.23 of the responsible producer. 29.24 (3) For the third violation in a 12-month period, a dairy 29.25 plant may collect from the responsible producer the value of the 29.26 contaminated load of milk. If the amount collected by the plant 29.27 is less than four days of milk production on that farm, then the 29.28 commissioner must assess the difference as a civil penalty 29.29 payable by the plant or marketing organization on behalf of the 29.30 responsible producer. The commissioner shall also notify the 29.31 producer by certified mail that the commissioner is initiating 29.32 administrative procedures to revoke the producer's right to sell 29.33 milk for a minimum of 30 days. 29.34 (4) If a bulk load of milk tests negative for residues and 29.35 there is a positive producer sample on the load, no civil 29.36 penalties may be assessed to the producer. The plant must 30.1 report the positive result within 24 hours and reject further 30.2 milk shipments from that producer until the producer's milk 30.3 tests negative. The department shall suspend the producer's 30.4 permit and count the violation on the producer's record. The 30.5producer remains eligible only for manufacturing grade30.6untilGrade A or manufacturing grade permit must be converted to 30.7 temporary status for not more than 30 days during which time the 30.8 producerreviewsmust review the "Milk and Dairy Beef Residue 30.9 Prevention Protocol" with a licensed veterinarian, display the 30.10 signed certificate in the milkhouse, and send verification to 30.11 the commissioner.To maintain a permit or certification to30.12market milk, this program must be reviewed within 30 days.If 30.13 these conditions are met, the Grade A or manufacturing grade 30.14 permit must be reinstated. If the producer does not comply 30.15 within the temporary permit status period, the Grade A or 30.16 manufacturing grade permit must be suspended. 30.17 (e) A milk producer that has been certified as completing 30.18 the "Milk and Dairy Beef Residue Prevention Protocol" within 12 30.19 months of the first violation of subdivision 3, clause (7), need 30.20 only review the cause of the violation with a field service 30.21 representative within three days to maintain Grade A or 30.22 manufacturing grade permit and shipping status if all other 30.23 requirements of this section are met. 30.24 (f) Civil penalties collected under this section must be 30.25 deposited in the milk inspection services account established in 30.26 this chapter. 30.27 Sec. 30. Minnesota Statutes 1998, section 32.394, 30.28 subdivision 9, is amended to read: 30.29 Subd. 9. [PAYMENTS; REFUNDS; DISPOSITION.] Fees are 30.30 payable by a processor or marketing organization by July 1 of 30.31 each year for Grade A, and by January 1 of each year for 30.32 manufacturing grade, and if not paid within 30 days of the due 30.33 date, the service must be discontinued, and permission to market 30.34 manufacturing grade or Grade A milk or milk products or use the 30.35 Grade A label must be withdrawn. A processor may terminate 30.36 payment and service without loss of the Grade A label if written 31.1 notice of that intention is given prior to the due date of the 31.2 payment of an assessment and if the continuous inspection of the 31.3 plant is assumed by a city whose milk control ordinance is 31.4 substantially equivalent to Minnesota law and rule and is 31.5 enforced with equal effectiveness. If a farm discontinues the 31.6 production of milk within six months of the billing date, a 31.7 request for a refund based on inspection services not received 31.8 may be made by the processor or by the marketing organization on 31.9 behalf of its patrons. This request must be made in writing by 31.10 July 1 for manufacturing grade, or by December 31 for Grade A, 31.11 and on approval by the commissioner refunds must be made to the 31.12 processor or marketing organization. 31.13 The fees for services performed by the activities of this 31.14 section must be deposited in the state treasury and constitute a 31.15 separate account to be known as the dairy services account, 31.16 which is hereby created. All money in the account, including 31.17 interest earned, is appropriated to the commissioner to 31.18 administer this chapter. 31.19 Sec. 31. Minnesota Statutes 1998, section 35.02, 31.20 subdivision 1, is amended to read: 31.21 Subdivision 1. [MEMBERS; OFFICERS.] The board has five 31.22 members appointed by the governor with the advice and consent of 31.23 the senate, three of whom are producers of livestock in the 31.24 state, and two of whom are practicing veterinarians licensed in 31.25 Minnesota. The dean of the college of veterinary medicine of 31.26 the University of Minnesota may serve as consultant to the board 31.27 without vote. Appointments to fill unexpired terms must be made 31.28 from the classes to which the retiring members belong. The 31.29 board shall elect a president and a vice-president from among 31.30 its members and a veterinarian licensed in Minnesota who is not 31.31 a member to be its executivesecretarydirector for a term of 31.32 one year and until a successor qualifies. The board shall set 31.33 the duties of thesecretarydirector. 31.34 Sec. 32. Minnesota Statutes 1998, section 35.04, is 31.35 amended to read: 31.36 35.04 [DUTY OF BOARDS OF HEALTH.] 32.1 Boards of health as defined in section 145A.02, subdivision 32.2 2, shall assist the board in the prevention, suppression, 32.3 control, and eradication of contagious and infectious dangerous 32.4 diseases among domestic animals when directed to do so by the 32.5secretarydirector or any member of the board. Two or more 32.6 local boards may be required in emergencies to cooperate in 32.7 giving assistance. The rules of the state board prevail over 32.8 conflicting local board rules. 32.9 Sec. 33. Minnesota Statutes 1998, section 35.05, is 32.10 amended to read: 32.11 35.05 [AUTHORITY OF STATE BOARD.] 32.12 (a) The state board may quarantine or kill any domestic 32.13 animal infected with, or which has been exposed to, a contagious 32.14 or infectious dangerous disease if it is necessary to protect 32.15 the health of the domestic animals of the state. 32.16 (b) The board may regulate or prohibit the arrival in and 32.17 departure from the state of infected or exposed animals and, in 32.18 case of violation of any rule or prohibition, may detain any 32.19 animal at its owner's expense. The board may regulate or 32.20 prohibit the importation of domestic animals which, in its 32.21 opinion, may injure the health of Minnesota livestock. 32.22 (c) The board may implement the United States, Voluntary 32.23 Johne's Disease Herd Status Program for cattle. 32.24 (d) Rules adopted by the board under authority of this 32.25 chapter must be published in the State Register. 32.26 Sec. 34. Minnesota Statutes 1998, section 35.08, is 32.27 amended to read: 32.28 35.08 [KILLING OF DISEASED ANIMALS.] 32.29 If the board decides upon the killing of an animal affected 32.30 with tuberculosis, paratuberculosis, or brucellosis, it shall 32.31 notify the animal's owner or keeper of the decision. If the 32.32 board, through its executivesecretarydirector, orders that an 32.33 animal may be transported for immediate slaughter to any 32.34 abattoir where the meat inspection division of the United States 32.35 Department of Agriculture maintains inspection, or where the 32.36 animal and plant health inspection service of the United States 33.1 Department of Agriculture or the board establishes field 33.2 postmortem inspection, the owner must receive the value of the 33.3 net salvage of the carcass. 33.4 Before the animal is removed from the premises of the 33.5 owner, the representative or authorized agent of the board must 33.6 agree with the owner in writing as to the value of the animal. 33.7 In the absence of an agreement, three competent, disinterested 33.8 persons, one appointed by the board, one by the owner, and a 33.9 third by the first two, shall appraise the animal at its full 33.10 replacement cost taking into consideration the purpose and use 33.11 of the animal. 33.12 The appraisement made under this section must be in 33.13 writing, signed by the appraisers, and certified by the board to 33.14 the commissioner of finance, who shall draw a warrant on the 33.15 state treasurer for the amount due the owner. 33.16 Sec. 35. Minnesota Statutes 1998, section 35.09, 33.17 subdivision 2, is amended to read: 33.18 Subd. 2. [EXCEPTIONS.] The owner of an animal is entitled 33.19 to the indemnity provided in subdivision 1, except in the 33.20 following cases: 33.21 (1) steers; 33.22 (2) animals which have not been kept in good faith for one 33.23 year or since their birth in the state; 33.24 (3) animals brought into the state, contrary to law or 33.25 rules of the board; 33.26 (4) animals diseased on arrival in the state; 33.27 (5) animals belonging to the United States; 33.28 (6) animals belonging to institutions maintained by the 33.29 state, a county, or a municipality; 33.30 (7) animals which the owner or claimant knew or should have 33.31 known were diseased at the time they were acquired; 33.32 (8) animals exposed to brucellosis through the owner's 33.33 negligence; 33.34 (9) animals which have been injected with brucellosis 33.35 vaccine, bacterin, or other preparations made from or through 33.36 the agency of Brucella Microorganisms unless it was done in 34.1 compliance with the rules of the board; 34.2 (10) animals belonging to a person who has received 34.3 indemnity as a result of a former inspection or tests and has 34.4 then introduced into the same herd any animals which have not 34.5 passed the tuberculin or brucellosis test; 34.6 (11) animals if the owner, agent, or person in possession 34.7 of them has not complied with the rules of the board with 34.8 respect to condemned animals; 34.9 (12) condemned animals which are not destroyed within 15 34.10 days after the date of appraisal, or for which the owner refuses 34.11 to sign the appraisal or report of the members of the appraisal 34.12 board, except that in extraordinary circumstances and in 34.13 meritorious cases and at the discretion of the executive 34.14secretarydirector of the board the time limit of 15 days may be 34.15 extended an additional 15 days if the owner receives permission 34.16 from the executivesecretarydirector within 15 days of the date 34.17 of appraisal; 34.18 (13) livestock affected with tuberculosis, 34.19 paratuberculosis, or brucellosis unless the entire herd of which 34.20 the affected livestock is a part, or from which the affected 34.21 livestock has originated, is examined and tested under the 34.22 supervision of the board, in order to determine if they are free 34.23 from the disease; 34.24 (14) livestock affected with tuberculosis, 34.25 paratuberculosis, or brucellosis unless the owner has carried 34.26 out the instructions of the board relating to cleaning, 34.27 disinfection, and rendering the stables and premises in a 34.28 sanitary condition within 15 days of the time of removal of the 34.29 animals from the premises, except when, because of inclement 34.30 weather or other extenuating circumstances, the time is extended 34.31 by the executivesecretarydirector of the board; 34.32 (15) livestock affected with tuberculosis, 34.33 paratuberculosis, or brucellosis, if the owner has fed milk or 34.34 milk products derived from creameries which was not pasteurized 34.35 as required by state laws; and 34.36 (16) animals owned by a nonresident if neither the owner 35.1 nor the owner's agent breed livestock in Minnesota. 35.2 If, at any time, the annual appropriation for payment of 35.3 indemnities becomes exhausted as a result of condemnation and 35.4 slaughter of animals, the board shall discontinue making further 35.5 official tests or authorizing tests unless an owner signs a 35.6 waiver on blanks furnished by the board of payment of indemnity 35.7 for any animals that may be condemned as the result of a test 35.8 and inspection which releases the state from any obligation to 35.9 pay indemnity from any future appropriation. 35.10 Sec. 36. Minnesota Statutes 1998, section 35.09, 35.11 subdivision 2a, is amended to read: 35.12 Subd. 2a. [NONREACTORS; CATTLE INELIGIBLE FOR TEST.] The 35.13 board may condemn and appraise nonreactors to the brucellosis 35.14 test and exposed cattle not eligible to be tested from herds 35.15 affected with brucellosis and may pay the owner the difference 35.16 between the appraisal value and the salvage value up to $300 for 35.17 grade animals or $600 for purebred registered animals if the 35.18 board through its executivesecretarydirector has determined 35.19 according to criteria adopted by the board that herd 35.20 depopulation is essential to the goal of bovine brucellosis 35.21 eradication. Indemnity payable by the state must be reduced by 35.22 the amount paid by the United States Department of Agriculture. 35.23 No indemnity may be paid for steers. 35.24 Sec. 37. Minnesota Statutes 1998, section 35.67, is 35.25 amended to read: 35.26 35.67 [RABIES INVESTIGATION.] 35.27 If the executivesecretarydirector of the board of animal 35.28 health, or a board of health as defined in section 145A.02, 35.29 subdivision 2, receives a written complaint that rabies exists 35.30 in a town or city in the board's jurisdiction, the board of 35.31 health shall investigate, either personally or through 35.32 subordinate officers, the truth of the complaint. A board of 35.33 health may also make an investigation and determination 35.34 independently, without having received a complaint. The fact 35.35 that a board of health has investigated and determined that 35.36 rabies does not exist in a jurisdiction does not deprive the 36.1 executivesecretarydirector of the board of animal health of 36.2 jurisdiction or authority to make an investigation and 36.3 determination with reference to the territory. For the purposes 36.4 of sections 35.67 to 35.69, the jurisdiction of the 36.5 executivesecretarydirector of the board of animal health is 36.6 the entire state. 36.7 Sec. 38. Minnesota Statutes 1998, section 35.68, is 36.8 amended to read: 36.9 35.68 [RABIES PROCLAMATION.] 36.10 If a board of health as defined in section 145A.02, 36.11 subdivision 2, investigates and finds that rabies does exist in 36.12 a town or city the board of health shall make and file a 36.13 proclamation of the investigation and determination which 36.14 prohibits the owner or custodian of any dog from allowing the 36.15 dog to be at large within the town or city unless the dog is 36.16 effectively muzzled so that it cannot bite any other animal or 36.17 person. 36.18 If the executivesecretarydirector of the board of animal 36.19 health, after investigation, has determined that rabies exists 36.20 in any territory in the state, similar proclamations must be 36.21 issued in all towns and cities within the territory or area in 36.22 which it is necessary to control the outbreak and prevent the 36.23 spread of the disease. The proclamation must prohibit the owner 36.24 or custodian of any dog within the designated territory from 36.25 permitting or allowing the dog to be at large within the 36.26 territory unless the dog is effectively muzzled so that it 36.27 cannot bite any other animal or person. 36.28 All local peace officers and boards of health shall enforce 36.29 sections 35.67 to 35.69. 36.30 A proclamation issued by the board of health must be filed 36.31 with the clerk of the political subdivision responsible for the 36.32 board of health. One issued by the executivesecretarydirector 36.33 of the board of animal health must be filed with the clerk of 36.34 each town and city within the territory it covers. 36.35 Each officer with whom the proclamation is filed shall 36.36 publish a copy of it in one issue of a legal newspaper published 37.1 in the clerk's town or city if one is published there. If no 37.2 newspaper is published there, the clerk must post a copy of the 37.3 proclamation in three public places. Publication is at the 37.4 expense of the municipality. 37.5 Proof of publication must be by affidavit of the publisher 37.6 and proof of posting must be by the person doing the posting. 37.7 The affidavit must be filed with the proclamation. The 37.8 proclamation is effective five days after the publication or 37.9 posting and remains effective for the period of time not 37.10 exceeding six months specified in it by the board of health 37.11 making the proclamation. 37.12 Sec. 39. Minnesota Statutes 1998, section 35.82, 37.13 subdivision 1b, is amended to read: 37.14 Subd. 1b. [CARCASSES FOR PET OR MINK FOOD.] (a) The board, 37.15 through its executivesecretarydirector, may issue a permit to 37.16 the owner or operator of a pet food processing establishment, a 37.17 mink rancher, or a supplier of an establishment, located within 37.18 the boundaries of Minnesota, to transport the carcasses of 37.19 domestic animals that have died or have been killed, other than 37.20 by being slaughtered for human or animal consumption, over the 37.21 public highways to the establishment for pet food or mink food 37.22 purposes only. The owners and operators of pet food processing 37.23 establishments or their suppliers and mink ranch operators 37.24 located in any adjacent state with which a reciprocal agreement 37.25 is in effect under subdivision 3 are not required to possess a 37.26 permit issued under this subdivision. The permit is valid for 37.27 one year following the date of issue unless it is revoked. 37.28 (b) The owner or operator of a pet food processing plant or 37.29 mink ranch shall employ an official veterinarian. A 37.30 veterinarian named in the permit application who is accepted by 37.31 the board to act as the official veterinarian is authorized to 37.32 act as its representative. 37.33 (c) Carcasses collected by owners or operators under permit 37.34 may be used for pet food or mink food purposes if the official 37.35 veterinarian examines them and finds them suitable for pet food 37.36 or mink food purposes. 38.1 (d) Carcasses not passed by the official veterinarian for 38.2 pet food or mink food purposes must be disposed of by a 38.3 rendering plant operating under permit from the board. 38.4 (e) The board must require pet food processing 38.5 establishments, owners and operators of mink ranches, and 38.6 suppliers of these establishments to conform to rules of the 38.7 board applicable to rendering plants within the state. 38.8 Sec. 40. Minnesota Statutes 1998, section 35.82, 38.9 subdivision 2, is amended to read: 38.10 Subd. 2. [DISPOSITION OF CARCASSES.] (a) Except as 38.11 provided in subdivision 1b and paragraph (d), every person 38.12 owning or controlling any domestic animal that has died or been 38.13 killed otherwise than by being slaughtered for human or animal 38.14 consumption, shall as soon as reasonably possible bury the 38.15 carcass at a depth adequate to prevent scavenging by other 38.16 animals in the ground or thoroughly burn it or dispose of it by 38.17 another method approved by the board as being effective for the 38.18 protection of public health and the control of livestock 38.19 diseases. The board, through its executivesecretarydirector, 38.20 may issue permits to owners of rendering plants located in 38.21 Minnesota which are operated and conducted as required by law, 38.22 to transport carcasses of domestic animals and fowl that have 38.23 died, or have been killed otherwise than by being slaughtered 38.24 for human or animal consumption, over the public highways to 38.25 their plants for rendering purposes in accordance with the rules 38.26 adopted by the board relative to transportation, rendering, and 38.27 other provisions the board considers necessary to prevent the 38.28 spread of disease. The board may issue permits to owners of 38.29 rendering plants located in an adjacent state with which a 38.30 reciprocal agreement is in effect under subdivision 3. 38.31 (b) Carcasses collected by rendering plants under permit 38.32 may be used for pet food or mink food if the owner or operator 38.33 meets the requirements of subdivision 1b. 38.34 (c) An authorized employee or agent of the board may enter 38.35 private or public property and inspect the carcass of any 38.36 domestic animal that has died or has been killed other than by 39.1 being slaughtered for human or animal consumption. Failure to 39.2 dispose of the carcass of any domestic animal within the period 39.3 specified by this subdivision is a public nuisance. The board 39.4 may petition the district court of the county in which a carcass 39.5 is located for a writ requiring the abatement of the public 39.6 nuisance. A civil action commenced under this paragraph does 39.7 not preclude a criminal prosecution under this section. No 39.8 person may sell, offer to sell, give away, or convey along a 39.9 public road or on land the person does not own, the carcass of a 39.10 domestic animal when the animal died or was killed other than by 39.11 being slaughtered for human or animal consumption unless it is 39.12 done with a special permit pursuant to this section. The 39.13 carcass or parts of a domestic animal that has died or has been 39.14 killed other than by being slaughtered for human or animal 39.15 consumption may be transported along a public road for a medical 39.16 or scientific purpose if the carcass is enclosed in a leakproof 39.17 container to prevent spillage or the dripping of liquid waste. 39.18 The board may adopt rules relative to the transportation of the 39.19 carcass of any domestic animal for a medical or scientific 39.20 purpose. A carcass on a public thoroughfare may be transported 39.21 for burial or other disposition in accordance with this section. 39.22 No person who owns or controls diseased animals shall 39.23 negligently or willfully permit them to escape from that control 39.24 or to run at large. 39.25 (d) A sheep producer may compost sheep carcasses owned by 39.26 the producer on the producer's land without a permit and is 39.27 exempt from compost facility specifications contained in rules 39.28 of the board. 39.29 (e) The board shall develop best management practices for 39.30 dead animal disposal and the pollution control agency feedlot 39.31 program shall distribute them to livestock producers in the 39.32 state. 39.33 Sec. 41. Minnesota Statutes 1998, section 35.82, 39.34 subdivision 3, is amended to read: 39.35 Subd. 3. [RECIPROCITY.] The executivesecretarydirector 39.36 of the board may enter into a reciprocal agreement on behalf of 40.1 this state with an adjacent state which provides for permits to 40.2 be issued to rendering plants, pet food processing 40.3 establishments or suppliers of establishments, and mink ranch 40.4 operators located in either state to transport carcasses to 40.5 their plants, establishments, or ranches over the public 40.6 highways of this state and the reciprocating state. 40.7 This subdivision applies if the adjacent state has in 40.8 effect standards and requirements which are the equivalent of 40.9 the standards and requirements of this state as established by 40.10 the board. 40.11 Sec. 42. Minnesota Statutes 1998, section 35.92, 40.12 subdivision 5, is amended to read: 40.13 Subd. 5. [SUBPOENAS.] The board of animal health through 40.14 its executivesecretarydirector may issue subpoenas to compel 40.15 the attendance of witnesses or submission of books, documents, 40.16 and records affecting the authority or privilege granted by a 40.17 license, registration, certification, or permit issued under 40.18 this chapter or by the board or issued by the commissioner of 40.19 agriculture if agreed to by the commissioner. 40.20 Sec. 43. Minnesota Statutes 1998, section 35.93, 40.21 subdivision 1, is amended to read: 40.22 Subdivision 1. [ADMINISTRATIVE REMEDIES.] The board of 40.23 animal health may seek to remedy violations by authorizing the 40.24 executivesecretarydirector to issue a written warning, 40.25 administrative meeting, cease and desist, stop-sale, or other 40.26 special order, seizure, stipulation, or agreement, if the board 40.27 determines that the remedy is in the public interest. 40.28 Sec. 44. Minnesota Statutes 1998, section 41A.09, 40.29 subdivision 3a, is amended to read: 40.30 Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture 40.31 shall make cash payments to producers of ethanol, anhydrous 40.32 alcohol, and wet alcohol located in the state. These payments 40.33 shall apply only to ethanol, anhydrous alcohol, and wet alcohol 40.34 fermented in the state and produced at plants that have begun 40.35 production by June 30, 2000. For the purpose of this 40.36 subdivision, an entity that holds a controlling interest in more 41.1 than one ethanol plant is considered a single producer. The 41.2 amount of the payment for each producer's annual production is: 41.3 (1) except as provided in paragraph (b), for each gallon of 41.4 ethanol or anhydrous alcohol produced on or before June 30, 41.5 2000, or ten years after the start of production, whichever is 41.6 later, 20 cents per gallon; and 41.7 (2) for each gallon produced of wet alcohol on or before 41.8 June 30, 2000, or ten years after the start of production, 41.9 whichever is later, a payment in cents per gallon calculated by 41.10 the formula "alcohol purity in percent divided by five," and 41.11 rounded to the nearest cent per gallon, but not less than 11 41.12 cents per gallon. 41.13 The producer payments for anhydrous alcohol and wet alcohol 41.14 under this section may be paid to either the original producer 41.15 of anhydrous alcohol or wet alcohol or the secondary processor, 41.16 at the option of the original producer, but not to both. 41.17 (b) If the level of production at an ethanol plant 41.18 increases due to an increase in the production capacity of the 41.19 plant and the increased production begins by June 30, 2000, the 41.20 payment under paragraph (a), clause (1), applies to the 41.21 additional increment of production until ten years after the 41.22 increased production began. Once a plant's production capacity 41.23 reaches 15,000,000 gallons per year, no additional increment 41.24 will qualify for the payment. 41.25 (c) The commissioner shall make payments to producers of 41.26 ethanol or wet alcohol in the amount of 1.5 cents for each 41.27 kilowatt hour of electricity generated using closed-loop biomass 41.28 in a cogeneration facility at an ethanol plant located in the 41.29 state. Payments under this paragraph shall be made only for 41.30 electricity generated at cogeneration facilities that begin 41.31 operation by June 30, 2000. The payments apply to electricity 41.32 generated on or before the date ten years after the producer 41.33 first qualifies for payment under this paragraph. Total 41.34 payments under this paragraph in any fiscal year may not exceed 41.35 $750,000. For the purposes of this paragraph: 41.36 (1) "closed-loop biomass" means any organic material from a 42.1 plant that is planted for the purpose of being used to generate 42.2 electricity or for multiple purposes that include being used to 42.3 generate electricity; and 42.4 (2) "cogeneration" means the combined generation of: 42.5 (i) electrical or mechanical power; and 42.6 (ii) steam or forms of useful energy, such as heat, that 42.7 are used for industrial, commercial, heating, or cooling 42.8 purposes. 42.9 (d)Except for new production capacity approved under42.10paragraph (i), clause (1),The total payments under paragraphs 42.11 (a) and (b) to all producers may not 42.12 exceed$34,000,000$38,000,000 in a fiscal year. Total payments 42.13 under paragraphs (a) and (b) to a producer in a fiscal year may 42.14 not exceed $3,000,000. 42.15 (e) By the last day of October, January, April, and July, 42.16 each producer shall file a claim for payment for ethanol, 42.17 anhydrous alcohol, and wet alcohol production during the 42.18 preceding three calendar months. A producer with more than one 42.19 plant shall file a separate claim for each plant. A producer 42.20 shall file a separate claim for the original production capacity 42.21 of each plant and for each additional increment of production 42.22 that qualifies under paragraph (b). A producer that files a 42.23 claim under this subdivision shall include a statement of the 42.24 producer's total ethanol, anhydrous alcohol, and wet alcohol 42.25 production in Minnesota during the quarter covered by the claim, 42.26 including anhydrous alcohol and wet alcohol produced or received 42.27 from an outside source. A producer shall file a separate claim 42.28 for any amount claimed under paragraph (c). For each claim and 42.29 statement of total ethanol, anhydrous alcohol, and wet alcohol 42.30 production filed under this subdivision, the volume of ethanol, 42.31 anhydrous alcohol, and wet alcohol production or amounts of 42.32 electricity generated using closed-loop biomass must be examined 42.33 by an independent certified public accountant in accordance with 42.34 standards established by the American Institute of Certified 42.35 Public Accountants. 42.36 (f) Payments shall be made November 15, February 15, May 43.1 15, and August 15. A separate payment shall be made for each 43.2 claim filed. The total quarterly payment to a producer under 43.3 this paragraph, excluding amounts paid under paragraph (c), may 43.4 not exceed $750,000.Except for new production capacity43.5approved under paragraph (i), clause (1),If the total amount 43.6 for which allotherproducers are eligible in a quarter under 43.7 paragraphs (a) and (b) exceeds$8,500,000$10,000,000, the 43.8 commissioner shall make payments for production capacity that is 43.9 subject to this restriction in the order in which the portion of 43.10 production capacity covered by each claim went into production. 43.11 (g) If the total amount for which all producers are 43.12 eligible in a quarter under paragraph (c) exceeds the amount 43.13 available for payments, the commissioner shall make payments in 43.14 the order in which the plants covered by the claims began 43.15 generating electricity using closed-loop biomass. 43.16 (h) After July 1, 1997, new production capacity is only 43.17 eligible for payment under this subdivision if the commissioner 43.18 receives: 43.19 (1) an application for approval of the new production 43.20 capacity; 43.21 (2) an appropriate letter of long-term financial commitment 43.22 for construction of the new production capacity; and 43.23 (3) copies of all necessary permits for construction of the 43.24 new production capacity. 43.25 The commissioner may approve new production capacity based 43.26 on the order in which the applications are received. 43.27 (i) After April 22, 1998, the commissioner may only 43.28 approve: (1) up to 12,000,000 gallons of new production43.29capacity at one plant that has not previously received approval43.30or payment for any production capacity; or (2)new production 43.31 capacity at approved or existing plants not to exceed planned 43.32 expansions reported to the commissioner by February19971999. 43.33 The commissioner may not approve any new production capacity 43.34 after July 1,19981999. 43.35 (j) For the purposes of this subdivision "new production 43.36 capacity" means annual ethanol production capacity that was not 44.1 allowed under a permit issued by the pollution control agency 44.2 prior to July 1, 1997, or for which construction did not begin 44.3 prior to July 1, 1997. 44.4 Sec. 45. Minnesota Statutes 1998, section 41D.02, 44.5 subdivision 2, is amended to read: 44.6 Subd. 2. [ELEMENTARY AND SECONDARY AGRICULTURAL 44.7 EDUCATION.] The council may provide grants for: 44.8 (1) planning and establishment costs for elementary and 44.9 secondary agriculture education programs; 44.10 (2) new instructional and communication technologies; and 44.11 (3) curriculum updates. 44.12 Sec. 46. Minnesota Statutes 1998, section 103F.515, 44.13 subdivision 2, is amended to read: 44.14 Subd. 2. [ELIGIBLE LAND.] (a) Land may be placed in the 44.15 conservation reserve program if the land meets the requirements 44.16 of paragraphs (b) and (c). 44.17 (b) Land is eligible if the land: 44.18 (1) is marginal agricultural land; 44.19 (2) is adjacent to marginal agricultural land and is either 44.20 beneficial to resource protection or necessary for efficient 44.21 recording of the land description; 44.22 (3) consists of a drained wetland; 44.23 (4) is land that with a windbreak would be beneficial to 44.24 resource protection; 44.25 (5) is land in a sensitive groundwater area; 44.26 (6) is riparian land; 44.27 (7) is cropland or noncropland adjacent to restored 44.28 wetlands to the extent of up to four acres of cropland or one 44.29 acre of noncropland for each acre of wetland restored; 44.30 (8) is a woodlot on agricultural land; 44.31 (9) is abandoned building site on agricultural land, 44.32 provided that funds are not used for compensation of the value 44.33 of the buildings; or 44.34 (10) is land on a hillside used for pasture. 44.35 (c) Eligible land under paragraph (a) must: 44.36 (1) be owned by the landowner, or a parent or other blood 45.1 relative of the landowner, for at least one year before the date 45.2 of application; 45.3 (2) be at least five acres in size, except for a drained 45.4 wetland area, riparian area, windbreak, woodlot, or abandoned 45.5 building site, or be a whole field as defined by the United 45.6 States Agricultural Stabilization and Conservation Services; 45.7 (3) not be set aside, enrolled or diverted under another 45.8 federal or state government program unless enrollment in the 45.9 conservation reserve program would provide additional 45.10 conservation benefits or a longer term of enrollment than under 45.11 the current federal or state program; and 45.12 (4) have been in agricultural crop production for at least 45.13 two of the last five years before the date of application except 45.14 drained wetlands, riparian lands, woodlots, abandoned building 45.15 sites, or land on a hillside used for pasture. 45.16 (d) In selecting drained wetlands for enrollment in the 45.17 program, the highest priority must be given to wetlands with a 45.18 cropping history during the period 1976 to 1985. 45.19 (e) In selecting land for enrollment in the program, 45.20 highest priority must be given to permanent easements that are 45.21 consistent with the purposes stated in section 103F.505. 45.22 Sec. 47. Minnesota Statutes 1998, section 156.001, 45.23 subdivision 2, is amended to read: 45.24 Subd. 2. [ACCREDITED OR APPROVED COLLEGE OF VETERINARY 45.25 MEDICINE.] "Accredited or approved college of veterinary 45.26 medicine" means a veterinary college or division of a university 45.27 or college that offers the degree of doctor of veterinary 45.28 medicine or its equivalent and that conforms to the standards 45.29 required for accreditation or approval by the American 45.30 Veterinary Medical Association Council on Education. 45.31 Sec. 48. Minnesota Statutes 1998, section 156.001, 45.32 subdivision 3, is amended to read: 45.33 Subd. 3. [ANIMAL.] "Animal" does not include poultryor45.34birds of any kind. 45.35 Sec. 49. Minnesota Statutes 1998, section 156.001, is 45.36 amended by adding a subdivision to read: 46.1 Subd. 5a. [FIRM.] "Firm" includes a corporation, limited 46.2 liability company, and limited liability partnership, wherever 46.3 incorporated, organized, or registered. 46.4 Sec. 50. Minnesota Statutes 1998, section 156.01, 46.5 subdivision 3, is amended to read: 46.6 Subd. 3. [OFFICERS.] The board shall elect from its number 46.7 a president and such other officers as are necessary, all from 46.8 within its membership. One person may hold the offices of both 46.9 secretary and treasurer. The board shall have a seal and the 46.10 power to subpoena witnesses, to administer oaths, and take 46.11 testimony. It shall make, alter, or amendsuchrulesas may be46.12 that are necessary to carry this chapter into effectthe46.13provisions of this chapter. It shall hold examinations for 46.14 applicants for license to engage in veterinary practice at a 46.15 time and place of its own choosing. Notice ofsuchan 46.16 examinationshallmust be posted 90 days before the date set for 46.17anthe examination in all veterinary schools approved by the 46.18 board in the state, andshallmust be published in thejournal46.19of the American Veterinary Medical Association.American 46.20 Association of Veterinary State Boards "Directory of Veterinary 46.21 Licensure Requirements." The board may holdsuchother meetings 46.22asit deems necessary; but no meeting shall exceed three days 46.23 duration. 46.24 Sec. 51. Minnesota Statutes 1998, section 156.02, 46.25 subdivision 1, is amended to read: 46.26 Subdivision 1. [LICENSE APPLICATION.] Application for a 46.27 license to practice veterinary medicine in this state shall be 46.28 made in writing to the board of veterinary medicine upon a form 46.29 furnished by the board, accompanied by satisfactory evidence 46.30 that the applicant is at least 18 years of age, is of good moral 46.31 character, and has one of the following: 46.32 (1) a diploma conferring the degree of doctor of veterinary 46.33 medicine, or an equivalent degree, from an accredited or 46.34 approved college of veterinary medicine; 46.35 (2) an ECFVG certificate; or 46.36 (3) a certificate from the dean of an accredited or 47.1 approved college of veterinary medicine stating that the 47.2 applicant is a student in good standing expecting to be 47.3 graduated at the completion of the current academic year of the 47.4 college in which the applicant is enrolled. 47.5 The application shall contain the information and material 47.6 required by subdivision 2 and any other information that the 47.7 board may, in its sound judgment, require. The application 47.8 shall be filed with the board at least4560 days before the 47.9 date of the examination. If the board deems it advisable, it 47.10 may require that such application be verified by the oath of the 47.11 applicant. 47.12 Sec. 52. Minnesota Statutes 1998, section 156.02, 47.13 subdivision 2, is amended to read: 47.14 Subd. 2. [REQUIRED WITH APPLICATION.] Every application 47.15 shall contain the following information and material: 47.16 (1) the application fee set by the board in the form of a 47.17 check or money order payable to the board, which fee is not 47.18 returnable in the event permission to take the examination is 47.19 denied for good cause; 47.20 (2) a copy of a diploma from an accredited or approved 47.21 college of veterinary medicine or a certificate from the dean or 47.22 secretary of an accredited or approved college of veterinary 47.23 medicine showing the time spent in the school and the date when 47.24 the applicant was duly and regularly graduated or will duly and 47.25 regularly graduate or verification of ECFVG certification; 47.26 (3) affidavits of at least two veterinarians and three 47.27 adults who are not related to the applicant setting forth how 47.28 long a time, when, and under what circumstances they have known 47.29 the applicant, and any other facts as may be proper to enable 47.30 the board to determine the qualifications of the applicant; and 47.31 (4) if the applicant has served in the armed forces, a copy 47.32 of discharge papers. 47.33 Sec. 53. Minnesota Statutes 1998, section 156.03, is 47.34 amended to read: 47.35 156.03 [EXAMINATION; PAYMENT.] 47.36 Upon filing the application and any other papers, 48.1 affidavits, or proof that the board of veterinary medicine may 48.2 require, together with the paymentto the board of a fee as set48.3by the board, the board, if satisfied, shall issue to the48.4applicant for license an order for examination. Every applicant48.5for a license shall submit to a theoretical or practical48.6examination, or both, as designated by the board. The48.7examination may be oral, or written, or bothof the application 48.8 fee and appropriate examination fee as set by the board, the 48.9 board shall issue to the applicant a permit to take the national 48.10 examination in veterinary medicine and the Minnesota Veterinary 48.11 Jurisprudence Examination. All applicants must be evaluated 48.12 using an examination prescribed by the board. A passing score 48.13 for the national examination must be the criterion referenced 48.14 passing score as determined by the National Board Examination 48.15 Committee. 48.16 Sec. 54. Minnesota Statutes 1998, section 156.072, is 48.17 amended to read: 48.18 156.072 [NONRESIDENTS; LICENSES.] 48.19 Subdivision 1. [APPLICATION.] A doctor of veterinary 48.20 medicine duly admitted to practice in anyof the other states or48.21territories or District of Columbiastate, commonwealth, 48.22 territory, or district of the United States or province of 48.23 Canada desiring permission to practice veterinary medicine in 48.24 this state shall submit an application to the board upon forms 48.25 prescribed by the board. Upon proof of licensure to practice in 48.26 anyother state or territory or in the District of48.27ColumbiaUnited States or Canadian jurisdiction and having been 48.28 actively engaged in practicing veterinary medicine therein, for 48.29 at least three of the five years next preceding the application, 48.30 or having been engaged in full time teaching of veterinary 48.31 medicine in an approved or accredited college for at least three 48.32 of the five years next preceding the application, or any 48.33 combination thereof, the national examination in veterinary 48.34 medicine may be waived, upon the recommendation of the board, 48.35 and the applicant be admitted to practice without examination. 48.36 However, the board may impose any othertests asexaminations it 49.1 considers proper. 49.2 Subd. 2. [REQUIRED WITH APPLICATION.] Such doctor of 49.3 veterinary medicine shall accompany the application by the 49.4 following: 49.5 (1) a copy of a diploma from an accredited or approved 49.6 college of veterinary medicine or certification from the dean, 49.7 registrar, or secretary of an accredited or approved college of 49.8 veterinary medicine attesting to the applicants graduation from 49.9 an accredited or approved college of veterinary medicine, or a 49.10 certificate of satisfactory completion of the ECFVG program. 49.11 (2) affidavits of two licensed practicing doctors of 49.12 veterinary medicineof the state, territory or District of49.13Columbia so certifyingresiding in the United States or Canadian 49.14 licensing jurisdiction in which the applicant is currently 49.15 practicing, attesting that they are well acquainted withsuch49.16 the applicant, that the applicant is a person of good moral 49.17 character, and has been actively engaged in practicing or 49.18 teachingas the case may bein suchstate, territory, or49.19District of Columbiajurisdiction for the period above 49.20 prescribed; 49.21(2)(3) a certificate from the regulatory agency having 49.22 jurisdiction over the conduct of practice of veterinary medicine 49.23 that such applicant is in good standing and is not the subject 49.24 of disciplinary action or pending disciplinary action; 49.25(3)(4) a certificate from all other jurisdictions in which 49.26 the applicant holds a currently active license or held a license 49.27 within the past ten years, stating that the applicant is and was 49.28 in good standing and has not been subject to disciplinary 49.29 action;and49.30(4)(5) in lieu of clauses (3) and (4), certification from 49.31 the Veterinary Information Verification Agency that the 49.32 applicant's licensure is in good standing; 49.33 (6) a fee as set by the board in form of check or money 49.34 order payable to the board, no part of which shall be refunded 49.35 should the application be denied; 49.36 (7) score reports on previously taken national examinations 50.1 in veterinary medicine, certified by the Veterinary Information 50.2 Verification Agency; and 50.3 (8) if requesting waiver of examination, provide evidence 50.4 of meeting licensure requirements in the state of the 50.5 applicant's original licensure that were substantially equal to 50.6 the requirements for licensure in Minnesota in existence at that 50.7 time. 50.8 Subd. 3. [EXAMINATION.] A doctor of veterinary medicine 50.9 duly admitted to practice in anyof the other states or50.10territories or in the District of Columbiastate, commonwealth, 50.11 territory, or district of the United States or province of 50.12 Canada desiring admission to practice in this state but who has 50.13 not been actively engaged in the practice thereof for at least 50.14 three of the preceding five years must be examined for admission 50.15 in accordance with the requirements prescribed herein for those 50.16 not admitted to practice anywhere. 50.17 Subd. 4. [TEMPORARY PERMIT.] The board may issue without 50.18 examination a temporary permit to practice veterinary medicine 50.19 in this state to a person who has submitted an application 50.20 approved by the board for license pending examination, and holds 50.21 a doctor of veterinary medicine degree or an equivalent degree 50.22 from an approved or accreditedveterinarycollege of veterinary 50.23 medicine or an ECFVG certification. The temporary permit shall 50.24 expire the day after publication of the notice of results of the 50.25 first examination given after the permit is issued. No 50.26 temporary permit may be issued to any applicant who has 50.27 previously failed the national examinationin this state or in50.28any other state, territory, or district of the United States or50.29a foreign countryand is currently not licensed in any licensing 50.30 jurisdiction of the United States or Canada or to any person 50.31 whose license has been revoked or suspended or who is currently 50.32 subject to a disciplinary order in any licensing jurisdiction of 50.33 the United States or Canada. 50.34 Sec. 55. [156.074] [TEMPORARY LICENSE.] 50.35 A graduate of a nonaccredited or approved college of 50.36 veterinary medicine, who has satisfactorily completed the fourth 51.1 year of clinical study at an approved or accredited college of 51.2 veterinary medicine and has successfully passed the national 51.3 examination in veterinary medicine and the Minnesota Veterinary 51.4 Jurisprudence Examination, and is enrolled in the ECFVG program, 51.5 may be granted a temporary license. The holder of a temporary 51.6 license issued under these provisions must practice under the 51.7 supervision of a Minnesota licensed veterinarian. The temporary 51.8 license is valid until the candidate obtains ECFVG certification 51.9 or for a maximum of two years from the date of issue. 51.10 Sec. 56. Minnesota Statutes 1998, section 156.10, is 51.11 amended to read: 51.12 156.10 [UNLAWFUL PRACTICE WITHOUT LICENSE OR PERMIT; GROSS 51.13 MISDEMEANOR.] 51.14 Itshall be unlawfulis a gross misdemeanor for any person 51.15 to practice veterinary medicine in the state without having 51.16 first secured a veterinary license or temporary permit, as 51.17 provided in this chapter, and any person violating the51.18provisions of this section shall be guilty of a gross51.19misdemeanor and punished therefor according to the laws of the51.20state. 51.21 Sec. 57. Minnesota Statutes 1998, section 156.11, is 51.22 amended to read: 51.23 156.11 [CORPORATIONSFIRMS NOT TO PRACTICE.] 51.24 (a) Itshall beis unlawful inthe state ofMinnesota for 51.25 anycorporationfirm, other than one organized pursuant to 51.26 chapter319A or319B, to practice veterinary medicine, or to 51.27 hold itself out or advertise itself in any way as being entitled 51.28 to practice veterinary medicine, or to receivethe fees, or51.29portions of fees, or gifts or other emoluments or51.30benefitscompensation derived from the practice of veterinary 51.31 medicine,or the performance of veterinary services by any 51.32 person, whethersuchthat personbeis licensed to practice 51.33 veterinary medicine or not. Anycorporationfirm violating the 51.34 provisions of this sectionshall beis guilty of a gross 51.35 misdemeanor and must be fined not more than $3,000 for each 51.36 offense, and. Each day that thischaptersection is violated 52.1shall be consideredis a separate offense. 52.2 (b) Notwithstanding section 319B.08, a veterinary medical 52.3 practice firm has 12 months after the death of an owner before 52.4 all of the owner's ownership interest must be acquired by the 52.5 practice, by persons permitted to own the ownership interest, or 52.6 by some combination. 52.7 Sec. 58. Minnesota Statutes 1998, section 156.12, 52.8 subdivision 2, is amended to read: 52.9 Subd. 2. [AUTHORIZED ACTIVITIES.] No provision of this 52.10 chapter shall be construed to prohibit: 52.11 (a) a person from rendering necessary gratuitous assistance 52.12 in the treatment of any animal when the assistance does not 52.13 amount to prescribing, testing for, or diagnosing, operating, or 52.14 vaccinating and when the attendance of a licensed veterinarian 52.15 cannot be procured; 52.16 (b) a person who is a regular student in an accredited or 52.17 approved college of veterinary medicine from performing duties 52.18 or actions assigned by instructors or preceptors or working 52.19 under the direct supervision of a licensed veterinarian; 52.20 (c) a veterinarian regularly licensed in another 52.21 jurisdiction from consulting with a licensed veterinarian in 52.22 this state; 52.23 (d) the owner of an animal and the owner's regular employee 52.24 from caring for andtreatingadministering to the animal 52.25 belonging to the owner, except where the ownership of the animal 52.26 was transferred for purposes of circumventing this chapter; 52.27 (e) veterinarians employed by the University of Minnesota 52.28 from performing their duties with the college of veterinary 52.29 medicine, college of agriculture, agricultural experiment 52.30 station, agricultural extension service, medical school, school 52.31 of public health, or other unit within the university; or a 52.32 person from lecturing or giving instructions or demonstrations 52.33 at the university or in connection with a continuing education 52.34 course or seminar to veterinarians; 52.35 (f) any person from selling or applying any pesticide, 52.36 insecticide or herbicide; 53.1 (g) any person from engaging in bona fide scientific 53.2 research or investigations which reasonably requires 53.3 experimentation involving animals; 53.4 (h) any employee of a licensed veterinarian from performing 53.5 duties other than diagnosis, prescription or surgical correction 53.6 under the direction and supervision of the veterinarian, who 53.7 shall be responsible for the performance of the employee; 53.8 (i) a graduate of a foreign college of veterinary medicine 53.9 from working under the direct personal instruction, control, or 53.10 supervision of a veterinarian faculty member of the College of 53.11 Veterinary Medicine, University of Minnesota in order to 53.12 complete the requirements necessary to obtain an ECFVG 53.13 certificate. 53.14 Sec. 59. Minnesota Statutes 1998, section 156.12, 53.15 subdivision 4, is amended to read: 53.16 Subd. 4. [TITLES.] Itshall beis unlawful for a person 53.17 who has not received a professional degree from an accredited or 53.18 approved college of veterinary medicine, or ECFVG certification, 53.19 to use any of the following titles or designations: Veterinary, 53.20 veterinarian, animal doctor, animal surgeon, animal 53.21 dentist, animal chiropractor, animal acupuncturist, or any other 53.22 title, designation, word, letter, abbreviation, sign, card, or 53.23 device tending to indicate that the person is qualified to 53.24 practice veterinary medicine. 53.25 Sec. 60. Minnesota Statutes 1998, section 239.791, 53.26 subdivision 1, is amended to read: 53.27 Subdivision 1. [MINIMUM OXYGEN CONTENT REQUIRED.] Except 53.28 as provided in subdivisions 10 to1214, a person responsible 53.29 for the product shall comply with the following requirements: 53.30 (a) After October 1, 1995, gasoline sold or offered for 53.31 sale at any time in a carbon monoxide control area must contain 53.32 at least 2.7 percent oxygen by weight. 53.33 (b) After October 1, 1997, all gasoline sold or offered for 53.34 sale in Minnesota must contain at least 2.7 percent oxygen by 53.35 weight. 53.36 Sec. 61. Minnesota Statutes 1998, section 239.791, 54.1 subdivision 12, is amended to read: 54.2 Subd. 12. [EXEMPTION FOR COLLECTOR VEHICLE AND OFF-ROAD 54.3 USE.] (a)Except during a carbon monoxide control period in a54.4carbon monoxide control area,A person responsible for the 54.5 product may offer for sale, sell, or dispense at a retail 54.6 gasoline station for use in collector vehicles or vehicles 54.7 eligible to be licensed as collector vehicles, off-road 54.8 vehicles, motorcycles, boats, snowmobiles, or small engines, 54.9 gasoline that is not oxygenated in accordance with subdivision 1 54.10 if the person meets the conditions in paragraphs (b) 54.11 to(d)(e). If the nonoxygenated gasoline is for use in a small 54.12 engine, it must be dispensed into a can with a capacity of six 54.13 or fewer gallons. 54.14 (b) The nonoxygenated gasoline must be unleaded premium 54.15 grade as defined in section 239.751, subdivision 4. 54.16 (c) No more than one storage tank on the premises of the 54.17 retail gasoline station may be used for storage of the 54.18 nonoxygenated gasoline offered for sale, sold, or dispensed by 54.19 the station. 54.20 (d) The pump stands must be posted with a permanent notice 54.21 stating: "NONOXYGENATED GASOLINE. FOR USE IN COLLECTOR 54.22 VEHICLES OR VEHICLES ELIGIBLE TO BE LICENSED AS COLLECTOR 54.23 VEHICLES, OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, SNOWMOBILES, OR 54.24 SMALL ENGINES ONLY." 54.25 (e) After January 1, 2000, a retail gasoline station 54.26 located in a carbon monoxide control area may sell or dispense 54.27 nonoxygenated gasoline under this subdivision only if the 54.28 station legally sold or dispensed nonoxygenated gasoline from 54.29 that location between February 1, 1998, and September 30, 1998. 54.30 Sec. 62. Minnesota Statutes 1998, section 239.791, is 54.31 amended by adding a subdivision to read: 54.32 Subd. 13. [EXEMPTION FOR CERTAIN RIPARIAN LANDOWNERS.] (a) 54.33 A person responsible for the product may offer for sale, sell, 54.34 and deliver directly to a bulk fuel storage tank gasoline that 54.35 is not oxygenated in accordance with subdivision 1 if the 54.36 conditions in paragraphs (b) to (e) are met. 55.1 (b) The nonoxygenated gasoline must be unleaded premium 55.2 grade as defined in section 239.751, subdivision 4. 55.3 (c) The bulk fuel storage tank must be stationary or 55.4 permanent. 55.5 (d) The bulk fuel storage tank must be under the control of 55.6 an owner of littoral or riparian property and located on that 55.7 littoral or riparian property. 55.8 (e) The nonoxygenated gasoline must be purchased for use in 55.9 vehicles that would qualify for an exemption under subdivision 55.10 12, paragraph (a). 55.11 Sec. 63. Minnesota Statutes 1998, section 239.791, is 55.12 amended by adding a subdivision to read: 55.13 Subd. 14. [EXEMPTION FOR AIRCRAFT OPERATORS.] A person 55.14 responsible for the product may offer for sale, sell, and 55.15 deliver directly to a bulk fuel storage tank gasoline that is 55.16 not oxygenated in accordance with subdivision 1 for use in 55.17 aircraft if the nonoxygenated gasoline is unleaded premium grade 55.18 as defined in section 239.751, subdivision 4. 55.19 Sec. 64. [AGRICULTURAL PRODUCER CONTRACTS; ROUNDTABLE ON 55.20 CONTRACT FARMING.] 55.21 Subdivision 1. [PURPOSE; LEGISLATIVE FINDINGS.] The 55.22 legislature finds that continuing changes in the agricultural 55.23 livestock, poultry, commodity crop, and specialty crop 55.24 industries have led to an ever larger portion of Minnesota 55.25 farmers who produce under contract for processors. To the 55.26 extent that production under contract lessens competition and 55.27 dulls important market signals, independent producers are left 55.28 at a critical economic disadvantage. The legislature finds 55.29 further that the study and recommendations authorized by this 55.30 section will identify ways to assure that competitive markets 55.31 remain for producers who choose not to produce under contract. 55.32 Subd. 2. [CREATION; MEMBERSHIP.] (a) There is hereby 55.33 created a roundtable on contract farming with 25 members 55.34 appointed as follows: 55.35 (1) the chair of the agriculture and rural development 55.36 committee of the senate shall appoint one citizen member with 56.1 education and experience in the area of agricultural economics, 56.2 one citizen member who is the operator of a production 56.3 agriculture farm in the state, one processor of agricultural 56.4 livestock, and three members of the senate, at least one of whom 56.5 must be a member of the minority caucus; 56.6 (2) the chair of the agriculture and rural development 56.7 finance committee of the house of representatives shall appoint 56.8 one citizen member with education and experience in the area of 56.9 agricultural economics, one citizen member who is the operator 56.10 of a production agriculture farm in the state, one processor of 56.11 agricultural commodities, and three members of the house of 56.12 representatives, at least one of whom must be a member of the 56.13 minority caucus; 56.14 (3) the governor shall appoint six members to represent 56.15 processors of agricultural livestock, poultry, commodity crops, 56.16 or specialty crops; 56.17 (4) the governor shall appoint two members representing 56.18 different types of financial institutions or organizations of 56.19 financial institutions; 56.20 (5) the governor shall appoint one member representing 56.21 poultry producers; 56.22 (6) the Minnesota Farm Bureau Federation shall appoint one 56.23 member; 56.24 (7) the Minnesota Farmers Union shall appoint one member; 56.25 (8) the Minnesota Cattlemen's Association shall appoint one 56.26 member; and 56.27 (9) the Minnesota Pork Producers Association shall appoint 56.28 one member. 56.29 (b) All appointments must be made June 15, 1999. 56.30 (c) Citizen members of the roundtable serve without 56.31 compensation but may be reimbursed for expenses as provided in 56.32 Minnesota Statutes, section 15.059, subdivision 6. 56.33 (d) The first meeting of the roundtable must be called and 56.34 convened by the chairs of the agriculture policy committees of 56.35 the senate and the house of representatives. Roundtable members 56.36 must then elect a permanent chair from among the roundtable 57.1 members. 57.2 (e) The roundtable may organize itself into two or more 57.3 committees each concentrating on the issues most relevant to 57.4 particular types of producer contracts, such as agricultural 57.5 livestock or poultry contracts, commodity crop contracts, or 57.6 specialty crop contracts. If committees of the roundtable are 57.7 formed, they must report their findings to the full roundtable. 57.8 Subd. 3. [CHARGE.] The roundtable shall examine current 57.9 and projected impacts of agricultural livestock, poultry, 57.10 commodity crops, and specialty crops produced under contract 57.11 with processors and the effect of contract production on the 57.12 availability or distortion of valid market price information and 57.13 access to competitive markets for other producers. 57.14 Subd. 4. [RESOURCES; STAFF SUPPORT; CONTRACT 57.15 SERVICES.] The commissioner of agriculture shall provide 57.16 necessary resources and staff support for the meetings, 57.17 hearings, activities, and report of the roundtable. To the 57.18 extent the roundtable determines it appropriate to contract with 57.19 nonstate providers for research or analytical services, the 57.20 commissioner shall serve as the fiscal agent for the roundtable. 57.21 Subd. 5. [PUBLIC HEARINGS.] The roundtable shall hold at 57.22 least four public hearings on the issue of agricultural 57.23 production under contract, at least three of which must be held 57.24 in greater Minnesota. 57.25 Subd. 6. [REPORT.] The roundtable shall report its 57.26 findings to the legislature by January 15, 2000. The report 57.27 must include recommendations for law or rule changes that would 57.28 ensure competition and valid market price signals to both 57.29 contract producers and those who choose not to produce under 57.30 contract. 57.31 Subd. 7. [EXPIRATION.] The roundtable on contract farming 57.32 expires 45 days after its report and recommendations are 57.33 delivered to the legislature or on June 1, 2000, whichever date 57.34 is earlier. 57.35 Sec. 65. [URBAN AGRICULTURAL HIGH SCHOOL.] 57.36 Subdivision 1. [WORKING GROUP ESTABLISHED.] The 58.1 commissioner of agriculture, in collaboration with the Minnesota 58.2 agriculture education leadership council, must establish a 58.3 working group to develop a proposal for an urban agricultural 58.4 high school and development of agribusiness partnerships. 58.5 Subd. 2. [GRANT PURPOSES.] The planning grant may be used 58.6 for curriculum design, demographic research, development of 58.7 partnerships, site acquisition, market assessment of student 58.8 interest, and facility predesign purposes. 58.9 Subd. 3. [REPORT.] The Minnesota agriculture education 58.10 leadership council must present a report to the legislature by 58.11 January 15, 2000. 58.12 Sec. 66. [REVISOR INSTRUCTION.] 58.13 The revisor of statutes shall renumber Minnesota Statutes, 58.14 section 156.072, subdivision 4, as section 156.073. 58.15 Sec. 67. [REPEALER.] 58.16 Minnesota Statutes 1998, sections 35.245; and 35.96, 58.17 subdivision 4, are repealed on the day following final 58.18 enactment. Minnesota Statutes 1998, sections 17.76; 42.01; 58.19 42.02; 42.03; 42.04; 42.05; 42.06; 42.07; 42.08; 42.09; 42.10; 58.20 42.11; 42.12; 42.13; and 42.14, are repealed. 58.21 Sec. 68. [EFFECTIVE DATE.] 58.22 Sections 8, 31, 32, 34 to 44, and 60 to 64 are effective on 58.23 the day following final enactment.