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HF 3497

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/11/2010 11:01am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to agriculture; requiring tree care and tree trimming company
registration; regulating certain sale and distribution of firewood; amending
Minnesota Statutes 2008, sections 18G.07; 239.092; 239.093.

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

Section 1.

Minnesota Statutes 2008, section 18G.07, is amended to read:


18G.07 TREE CARE AND TREE TRIMMING COMPANY deleted text begin REGISTRYdeleted text end new text begin
REGISTRATION
new text end .

Subdivision 1.

Creation of registry.

The commissioner shall maintain a list of all
persons and companies that provide tree care or tree trimming services in Minnesota.
All tree care providers, tree trimmers, and persons who remove trees, limbs, branches,
brush, or shrubs for hire must deleted text begin provide the following information todeleted text end new text begin be registered by new text end the
commissionerdeleted text begin :deleted text end new text begin .
new text end

new text begin Subd. 1a. new text end

new text begin Basic registration. new text end

new text begin (a) Tree care or tree trimming companies must
register annually by providing the following to the commissioner:
new text end

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

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

(3) deleted text begin a complete list of persons in the business who are certified by the International
Society of Arborists
deleted text end new text begin a nonrefundable fee of $25 for initial application or renewing basic
registration
new text end .

new text begin (b) Registration expires December 31, must be renewed annually, and the fee
remitted by January 7 of the year for which it is issued. In addition, a penalty of ten
percent of the fee due must be charged for each month, or portion of a month, that the fee
is delinquent up to a maximum of 30 percent for any application for renewal postmarked
after December 31.
new text end

new text begin Subd. 1b. new text end

new text begin Professional registration. new text end

new text begin (a) Professional registration is provided to
identify those companies with qualifications to treat trees for pests or diseases or prune,
trim, or remove trees from above the ground. Tree care or tree trimming companies may
obtain annual professional registration by providing the following to the commissioner:
new text end

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

new text begin (2) a complete list of all Minnesota counties in which they work;
new text end

new text begin (3) any one or more of the following: a complete list of persons in the business
who have an associate's degree or higher in arboriculture, forestry, or horticulture; a
complete list of persons in the business who are certified by the International Society of
Arboriculture (ISA), and their ISA certification identification number; a complete list
of persons in the business who are certified by the Minnesota Nursery and Landscape
Association (MNLA); or as appropriate, evidence of accreditation of the company by the
Tree Care Industry Association;
new text end

new text begin (4) a complete list of persons in the business who are licensed pesticide applicators
in Minnesota if the company is applying restricted use pesticides;
new text end

new text begin (5) verification by the company that it maintains a Minnesota workers' compensation
insurance certificate and that the company maintains a certificate of liability insurance and
has a Minnesota sales tax identification number. Companies that prune or trim trees from
above the ground must be covered by classification 0106 of the workers' compensation
insurance codes; and
new text end

new text begin (6) a nonrefundable fee of $250 for initial application or renewing a basic
registration.
new text end

new text begin (b) Registration expires December 31, must be renewed annually, and the fee
remitted by January 7 of the year for which it is issued. In addition, a penalty of ten
percent of the fee due must be charged for each month, or portion of a month, that the
fee is delinquent up to a maximum of 30 percent for any application for renewal not
received by the due date.
new text end

Subd. 2.

Information dissemination.

The commissioner shall provide registered
tree care companies with information and data regarding any existing or potential
regulated forest pest infestations within the state.

new text begin Subd. 3. new text end

new text begin Violation. new text end

new text begin It is unlawful for a person to provide tree care or tree trimming
services in Minnesota without being registered with the commissioner.
new text end

Sec. 2.

Minnesota Statutes 2008, section 239.092, is amended to read:


239.092 SALE FROM BULK.

(a) Bulk sales of commodities, when the buyer and seller are not both present to
witness the measurement, must be accompanied by a delivery ticket containing the
following information:

(1) the name and address of the person who weighed or measured the commodity;

(2) the date delivered;

(3) the quantity delivered;

(4) the count of individually wrapped packages delivered, if more than one is
included in the quantity delivered;

(5) the quantity on which the price is based, if different than the quantity delivered;
and

(6) the identity of the commodity in the most descriptive terms commercially
practicable, including representations of quality made in connection with the sale.

(b) This section is not intended to conflict with the bulk sale requirements of the
Department of Agriculture. If a conflict occurs, the law and rules of the Department of
Agriculture govern.

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

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

Sec. 3.

Minnesota Statutes 2008, section 239.093, is amended to read:


239.093 INFORMATION REQUIRED WITH PACKAGE.

(a) A package offered, exposed, or held for sale must bear a clear and conspicuous
declaration of:

(1) the identity of the commodity in the package, unless the commodity can be easily
identified through the wrapper or container;

(2) the net quantity in terms of weight, measure, or count;

(3) the name and address of the manufacturer, packer, or distributor, if the packages
were not produced on the premises where they are offered, exposed, or held for sale; and

(4) the unit price, if the packages are part of a lot containing random weight
packages of the same commodity.

(b) This section is not intended to conflict with the packaging requirements of the
Department of Agriculture. If a conflict occurs, the laws and rules of the Department of
Agriculture govern.

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

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