SF 1459

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/14/2015 08:25am

A bill for an act
relating to agriculture; making policy and technical changes to various agriculture
related provisions, including provisions related to loans, pesticides, fertilizer,
soil amendment, plant amendment, registrations, agricultural chemicals, plants,
seeds, grain storage, and food; modifying minimum wage requirements for
agricultural employment; repealing agricultural growth, research, and innovation
program sunset; amending Minnesota Statutes 2014, sections 17.03, subdivision
11a; 17.117, subdivision 11; 18B.065, subdivisions 2a, 7; 18B.37, subdivisions
2, 3, 4; 18C.235, subdivision 1; 18C.411, by adding a subdivision; 21.81, by
adding subdivisions; 21.82, subdivisions 2, 4; 21.85, subdivision 2, by adding a
subdivision; 21.87; 21.89, subdivision 2; 34A.11; 177.23, subdivision 7; 232.22,
subdivision 5; repealing Minnesota Statutes 2014, sections 18C.235, subdivision
2; 18H.02, subdivision 28a; 41A.12, subdivision 4.

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

Section 1.

Minnesota Statutes 2014, section 17.03, subdivision 11a, is amended to read:

Subd. 11a.

Permitting efficiency goal and report.

(a) It is the goal of the
Department of Agriculture that environmental and resource management permits be
issued or denied within 150 days of the submission of a completed permit application.
The commissioner of agriculture shall establish management systems designed to achieve
the goal.

(b) The commissioner shall prepare deleted text begin semiannual deleted text end new text begin an annual new text end permitting efficiency
deleted text begin reports deleted text end new text begin report new text end that deleted text begin include deleted text end new text begin includes new text end statistics on meeting the goal in paragraph (a). The
deleted text begin reports are deleted text end new text begin report is new text end due February 1 deleted text begin and August 1 deleted text end of each year. For permit applications
that have not met the goal, the report must state the reasons for not meeting the goal, steps
that will be taken to complete action on the application, and the expected timeline. In
stating the reasons for not meeting the goal, the commissioner shall separately identify
delays caused by the responsiveness of the proposer, lack of staff, scientific or technical
disagreements, or the level of public engagement. The report must specify the number
of days from initial submission of the application to the day of determination that the
application is complete. The report deleted text begin for the final quarter of the fiscal year deleted text end must aggregate
the data for the year and assess whether program or system changes are necessary to
achieve the goal. The report must be posted on the department Web site and submitted to
the governor and the chairs of the house of representatives and senate committees having
jurisdiction over agriculture policy and finance.

(c) The commissioner shall allow electronic submission of environmental review
and permit documents to the department.

Sec. 2.

Minnesota Statutes 2014, section 17.117, subdivision 11, is amended to read:

Subd. 11.

Loans issued to borrower.

(a) Local lenders may issue loans only for
projects that are approved and certified by the local government unit as meeting priority
needs identified in a comprehensive water management plan or other local planning
documents, are in compliance with accepted practices, standards, specifications, or
criteria, and are eligible for financing under Environmental Protection Agency or other
applicable guidelines.

(b) The local lender may use any additional criteria considered necessary to
determine the eligibility of borrowers for loans.

(c) Local lenders shall set the terms and conditions of loans to borrowers, except that:

(1) no loan to a borrower may exceed deleted text begin $100,000 deleted text end new text begin $200,000 new text end ;

(2) no loan for a project may exceed deleted text begin $100,000 deleted text end new text begin $200,000 new text end ; and

(3) no borrower shall, at any time, have multiple loans from this program with a total
outstanding loan balance of more than deleted text begin $100,000 deleted text end new text begin $200,000 new text end .

(d) The maximum term length for projects in this paragraph is ten years.

(e) Fees charged at the time of closing must:

(1) be in compliance with normal and customary practices of the local lender;

(2) be in accordance with published fee schedules issued by the local lender;

(3) not be based on participation program; and

(4) be consistent with fees charged other similar types of loans offered by the local
lender.

(f) The interest rate assessed to an outstanding loan balance by the local lender must
not exceed three percent per year.

Sec. 3.

Minnesota Statutes 2014, section 18B.065, subdivision 2a, is amended to read:

Subd. 2a.

Disposal site requirement.

(a) For agricultural waste pesticides, the
commissioner must new text begin enter into a contract with a county or group of counties under a
joint powers agreement for household hazardous waste disposal or new text end designate a place deleted text begin in
each county of the state deleted text end that is available at least every other year for persons to dispose
of unused portions of agricultural pesticides. The commissioner shall consult with the
person responsible for solid waste management and disposal in each county new text begin not under
contract new text end to determine an appropriate location and to advertise each collection event.
deleted text begin The commissioner may provide a collection opportunity in a county more frequently
deleted text end new text begin Additional collection events may be provided new text end if the commissioner determines that deleted text begin a
collection is deleted text end new text begin additional collections are new text end warranted.

(b) For nonagricultural waste pesticides, the commissioner must deleted text begin provide a disposal
deleted text end deleted text begin opportunity each year in each county or deleted text end enter into a contract with a new text begin county or new text end group
of counties under a joint powers agreement deleted text begin or contract deleted text end for household hazardous waste
disposal new text begin or designate a place that is available at least every other year for persons to
dispose of unused portions of nonagricultural pesticides new text end .

(c) As provided under subdivision 7, the commissioner may enter into cooperative
agreements with local units of government to provide the collections required under
paragraph (a) or (b) and shall provide a local unit of government, as part of the cooperative
agreement, with funding for reasonable costs incurred including, but not limited to, related
supplies, transportation, advertising, and disposal costs as well as reasonable overhead
costs.

(d) A person who collects waste pesticide under this section shall, on a form
provided or in a method approved by the commissioner, record deleted text begin information on each deleted text end new text begin the
actual or estimated weight of agricultural new text end waste pesticide deleted text begin product deleted text end new text begin products new text end collected
deleted text begin including, but not limited to, the quantity collected and either the product name and its
active ingredient or ingredients or the United States Environmental Protection Agency
registration number. The person must deleted text end new text begin and new text end submit this information to the commissioner
at least annually deleted text begin by January 30 deleted text end .

Sec. 4.

Minnesota Statutes 2014, section 18B.065, subdivision 7, is amended to read:

Subd. 7.

Cooperative agreements.

(a) The commissioner may enter into
cooperative agreements with state agencies and local units of government for
administration of the waste pesticide collection program. The commissioner shall ensure
that the program deleted text begin is carried out in all counties deleted text end new text begin provides collection opportunities statewide new text end . If
the commissioner cannot contract with another party to administer the program in a county,
the commissioner shall perform collections according to the provisions of this section.

(b) The commissioner, according to the terms of a cooperative agreement between
the commissioner and a local unit of government, may establish limits for unusual types
or excessive quantities of waste pesticide offered by pesticide end users to the local unit
of government.

Sec. 5.

Minnesota Statutes 2014, section 18B.37, subdivision 2, is amended to read:

Subd. 2.

Commercial and noncommercial applicators.

(a) A commercial or
noncommercial applicator, or the applicator's authorized agent, must maintain a record of
pesticides used on each site. Noncommercial applicators must keep records of restricted
use pesticides. The record must include the:

(1) date of the pesticide use;

(2) time the pesticide application was completed;

(3) brand name of the pesticide, the United States Environmental Protection Agency
registration number, and deleted text begin dosage deleted text end new text begin rate new text end used;

(4) number of units treated;

(5) temperature, wind speed, and wind direction;

(6) location of the site where the pesticide was applied;

(7) name and address of the customer;

(8) name deleted text begin and signature deleted text end of applicator, name of company, license number of applicator,
and address of applicator company; and

(9) any other information required by the commissioner.

(b) Portions of records not relevant to a specific type of application may be omitted
upon approval from the commissioner.

(c) All information for this record requirement must be contained in a deleted text begin single page
deleted text end document for each pesticide application, except a map may be attached to identify treated
areas. deleted text begin For the rights-of-way and wood preservative categories, the required record may
not exceed five pages. deleted text end An invoice containing the required information may constitute
the required record. The commissioner shall make sample forms available to meet the
requirements of this paragraph.

new text begin (d) The record must be completed no later than five days after the application of
the pesticide.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end A commercial applicator must give a copy of the record to the customer.

deleted text begin (e) deleted text end new text begin (f) new text end Records must be retained by the applicator, company, or authorized agent
for five years after the date of treatment.

Sec. 6.

Minnesota Statutes 2014, section 18B.37, subdivision 3, is amended to read:

Subd. 3.

Structural pest control applicators.

(a) A structural pest control
applicator must maintain a record of each structural pest control application conducted by
that person or by the person's employees. The record must include the:

(1) date of structural pest control application;

(2) target pest;

(3) brand name of the pesticide, United States Environmental Protection Agency
registration number, and amount used;

(4) for fumigation, the temperature and exposure time;

(5) time the pesticide application was completed;

(6) name and address of the customer;

(7) name deleted text begin and signature deleted text end of structural pest control applicator; name of company and
address of applicator or company, deleted text begin applicator's signature, deleted text end and license number of applicator;
and

(8) any other information required by the commissioner.

(b) All information for this record requirement must be contained in a deleted text begin single-page
deleted text end document for each pesticide application. An invoice containing the required information
may constitute the record.

new text begin (c) The record must be completed no later than five days after the structural pest
control application.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end Records must be retained for five years after the date of treatment.

deleted text begin (d) deleted text end new text begin (e) new text end A copy of the record must be given to a person who ordered the application
that is present at the site where the structural pest control application is conducted, placed
in a conspicuous location at the site where the structural pest control application is
conducted immediately after the application of the pesticides, or delivered to the person
who ordered an application or the owner of the site. The commissioner must make sample
forms available that meet the requirements of this subdivision.

Sec. 7.

Minnesota Statutes 2014, section 18B.37, subdivision 4, is amended to read:

Subd. 4.

Incident response plan.

A pesticide dealer, agricultural pesticide dealer,
or a commercial, noncommercial, or structural pest control deleted text begin business deleted text end new text begin company or a person
who is required to be permitted to store or produce bulk agricultural chemicals new text end must
develop and maintain an incident response plan that describes the actions that will be
taken to prevent and respond to pesticide new text begin agricultural chemical new text end incidents. The plan must
deleted text begin contain the same information as forms provided by the commissioner deleted text end new text begin include information
the commissioner deems necessary to respond to an agricultural chemical emergency
incident. The commissioner shall make sample incident response plan forms available new text end .
The plan must be kept at a principal business site or location within this state and must be
submitted to the commissioner upon request. new text begin The plan must be:
new text end

new text begin (1) updated every three years, or whenever information on the form becomes out of
date, whichever is earlier;
new text end

new text begin (2) reviewed with employees at least once per calendar year and include
documentation of training events; and
new text end

new text begin (3) made available to local first responders and documented accordingly.
new text end

Sec. 8.

Minnesota Statutes 2014, section 18C.235, subdivision 1, is amended to read:

Subdivision 1.

Plan required.

A person new text begin required to be licensed under section
18C.415, or a person new text end who stores fertilizers, soil amendment, or plant amendment products
in bulk must develop and maintain deleted text begin a contingency plan that describes the storage, handling,
disposal, and incident handling practices. deleted text end new text begin an incident response plan that describes the
actions that will be taken to prevent and respond to agricultural chemical incidents.
The plan must include information the commissioner deems necessary to respond to an
agricultural chemical emergency incident. The commissioner shall make sample incident
response plan forms available. The plan must be kept at a principal business site or
location within this state and must be submitted to the commissioner upon request. The
plan must be:
new text end

new text begin (1) updated every three years, or whenever information on the form becomes out of
date, whichever is earlier;
new text end

new text begin (2) reviewed with employees at least once per calendar year and include
documentation of training events; and
new text end

new text begin (3) made available to local first responders and documented accordingly.
new text end

new text begin (b) A person also required to maintain an incident response plan under section
18B.37 is not required to maintain a separate incident response plan under this subdivision.
new text end

Sec. 9.

Minnesota Statutes 2014, section 18C.411, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Discontinuance of specialty fertilizer, soil amendment, and plant
amendment registration. new text end

new text begin To ensure complete withdrawal from distribution or further
use of a specialty fertilizer, soil amendment, or plant amendment a person who intends to
discontinue a specialty fertilizer, soil amendment, and plant amendment registration must:
new text end

new text begin (1) terminate any further distribution of the specialty fertilizer, soil amendment, or
plant amendment within the state;
new text end

new text begin (2) continue to register the specialty fertilizer, soil amendment, or plant amendment
annually for two successive years;
new text end

new text begin (3) initiate and complete a total recall of the specialty fertilizer, soil amendment,
or plant amendment from all distribution in the state within 60 days from the date of
notification to the commissioner of intent to discontinue registration; or
new text end

new text begin (4) submit to the commissioner evidence adequate to document that no distribution
of the registered specialty fertilizer, soil amendment, or plant amendment has occurred in
the state.
new text end

Sec. 10.

Minnesota Statutes 2014, section 21.81, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Address. new text end

new text begin "Address" means the complete primary mailing address of the
labeler or the person or firm selling seed. A complete address includes the street address,
post office box, or rural route, and city, state, and zip code or postal code.
new text end

Sec. 11.

Minnesota Statutes 2014, section 21.81, is amended by adding a subdivision to
read:

new text begin Subd. 27a. new text end

new text begin Total viable. new text end

new text begin "Total viable" means the sum of the germination
percentage, plus hard seeds, dormant seeds, or both.
new text end

Sec. 12.

Minnesota Statutes 2014, section 21.82, subdivision 2, is amended to read:

Subd. 2.

Content.

For agricultural, vegetable, flower, or wildflower seeds offered
for sale as agricultural seed, except as otherwise provided in subdivisions 4, 5, and 6, the
label must contain:

(a) The name of the kind or kind and variety for each seed component in excess
of five percent of the whole and the percentage by weight of each in order of its
predominance. The commissioner shall by rule designate the kinds that are required to be
labeled as to variety. If the variety of those kinds generally labeled as to variety is not
stated and it is not required to be stated, the label shall show the name of the kind and the
words: "Variety not stated." The heading "pure seed" must be indicated on the seed label
in close association with other required label information.

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

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

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

(b) Lot number or other lot identification.

(c) Origin, if known, or that the origin is unknown.

(d) Percentage by weight of all weed seeds present. This percentage may not exceed
one percent. The heading "weed seed" must be indicated on the seed label in close
association with other required label information.

(e) Name and rate of occurrence per pound of each kind of restricted noxious weed
seeds present. They must be listed under the heading "noxious weed seeds" in close
association with other required label information.

(f) Percentage by weight of seeds other than those kinds and varieties required
to be named on the label. They must be listed under the heading "other crop" in close
association with other required label information.

(g) Percentage by weight of inert matter. The heading "inert matter" must be
indicated on the seed label in close association with other required label information.

(h) Net weight of contents, to appear on either the container or the label.

(i) For each named kind or variety of seed:

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

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

(3) the calendar month and year the percentages were determined by test or the
statement "sell by (month and year)" which may not be more than 12 months from the
date of test, exclusive of the month of test.

The headings for "germination" and "hard seed or dormant seed" percentages must be
stated separately on the seed label. A separate percentage derived from combining these
percentages may also be stated on the seed label deleted text begin , but the heading for this percentage must
be "total germination and hard seed or dormant seed when applicable." They must not be
stated as "total live seed," "total germination," or in any other unauthorized manner. deleted text end new text begin as
"total viable."
new text end

(j) Name and address of the person who labeled the seed or who sells the seed within
this state, or a code number which has been registered with the commissioner.

Sec. 13.

Minnesota Statutes 2014, section 21.82, subdivision 4, is amended to read:

Subd. 4.

Hybrid seed corn.

For hybrid seed corn purposes a label must contain:

(1) a statement indicating the number of seeds in the container may be listed along
with or in lieu of the net weight of contents; and

(2) for each variety of hybrid seed field corn, the day classification as determined
by the originator or owner. The day classification must approximate the number of days
of growing season necessary from emergence of the corn plant above ground to relative
maturity and must deleted text begin conform to the day classification established by the director of deleted text end new text begin be
within three days of maturity ratings determined in comparative trials by new text end the Minnesota
agricultural experiment station deleted text begin for the appropriate zone deleted text end .

Sec. 14.

Minnesota Statutes 2014, section 21.85, subdivision 2, is amended to read:

Subd. 2.

Seed laboratory.

new text begin (a) new text end The commissioner shall establish and maintain a seed
laboratory for seed testing, employing necessary agents and assistants to administer and
enforce sections 21.80 to 21.92, who shall be governed by chapter 43A.

new text begin (b) The laboratory procedures for testing official seed samples are the procedures
set forth in the Rules for Testing Seeds that is published annually by the Association of
Official Seed Analysts. If a laboratory procedure rule does not exist for a particular type
of seed, then laboratory procedures from other recognized seed testing sources may be
used, including procedures under the Code of Federal Regulations, title 7, part 201, or
the International Rules for Testing Seeds.
new text end

Sec. 15.

Minnesota Statutes 2014, section 21.85, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Prohibited and restricted seeds. new text end

new text begin The commissioner shall determine
species that are considered prohibited weed seeds and restricted noxious weed seeds and
the allowable rate of occurrence of restricted noxious weed seeds.
new text end

Sec. 16.

Minnesota Statutes 2014, section 21.87, is amended to read:

21.87 EXEMPTION.

new text begin (a) new text end Sections 21.82 and 21.83 do not apply new text begin to new text end :

deleted text begin (a) to deleted text end new text begin (1) new text end seed or grain not intended for sowing purposes;

deleted text begin (b) to deleted text end new text begin (2) new text end seed in storage in or being transported or consigned to a conditioning
establishment for conditioning, provided that the invoice or label accompanying any
shipment of the seeds bears the statement "seeds for conditioning," and provided that any
labeling or other representation which may be made with respect to the unconditioned
seed is subject to the provisions of sections 21.82 and 21.83; deleted text begin or
deleted text end

deleted text begin (c) to deleted text end new text begin (3) new text end any carrier with respect to seed transported or delivered for transportation
in the ordinary course of its business as a carrier, provided that the carrier is not engaged
in producing, conditioning, or marketing seeds subject to sections 21.82 and 21.83 new text begin ; or
new text end

new text begin (4) interpersonal sharing of seed for home, educational, charitable, or personal
noncommercial use new text end .

new text begin (b) Notwithstanding paragraph (a), sections 21.82 and 21.83 do apply if a person
distributes seed found to:
new text end

new text begin (1) contain seed of patented, protected, or proprietary varieties used without
permission of the patent or certificate holder of the intellectual property associated with
the variety;
new text end

new text begin (2) have been misrepresented as certified seed; or
new text end

new text begin (3) contain prohibited or restricted weed seeds or seeds from species listed as
noxious by the commissioner under chapter 18.
new text end

Sec. 17.

Minnesota Statutes 2014, section 21.89, subdivision 2, is amended to read:

Subd. 2.

Permits; issuance and revocation.

The commissioner shall issue a permit
to the initial labeler of agricultural, vegetable, flower, and wildflower seeds which are sold
for use in Minnesota and which conform to and are labeled under sections 21.80 to 21.92.
The categories of permits are as follows:

(1) for initial labelers who sell 50,000 pounds or less of agricultural seed each
calendar year, an annual permit issued for a fee established in section 21.891, subdivision
2, paragraph (b);

(2) for initial labelers who sell vegetable, flower, and wildflower seed packed for
use in home gardens or household plantings, new text begin and initial labelers who sell native grasses
and wildflower seed in commercial or agricultural quantities, new text end an annual permit issued for
a fee established in section 21.891, subdivision 2, paragraph (c), based upon the gross
sales from the previous year; and

(3) for initial labelers who sell more than 50,000 pounds of agricultural seed
each calendar year, a permanent permit issued for a fee established in section 21.891,
subdivision 2, paragraph (d).

In addition, the person shall furnish to the commissioner an itemized statement of all
seeds sold in Minnesota for the periods established by the commissioner. This statement
shall be delivered, along with the payment of the fee, based upon the amount and type
of seed sold, to the commissioner no later than 30 days after the end of each reporting
period. Any person holding a permit shall show as part of the analysis labels or invoices
on all agricultural, vegetable, flower, wildflower, tree, or shrub seeds all information the
commissioner requires. The commissioner may revoke any permit in the event of failure
to comply with applicable laws and rules.

Sec. 18.

Minnesota Statutes 2014, section 34A.11, is amended to read:

34A.11 EMBARGO, SEIZURE, AND CONDEMNATION.

Subdivision 1.

Tag, notice, or withdrawal from distribution.

If the commissioner
finds probable cause to believe that any food, animal, or consumer commodity is being
distributed in violation of this chapter or rules under this chapter, or is adulterated or so
misbranded as to be dangerous or fraudulent, the commissioner shall affix to the food,
animal, new text begin equipment, facility, new text end or consumer commodity a tag, withdrawal from distribution
order, or other appropriate marking giving notice that the food, animal, new text begin equipment,
facility, new text end or consumer commodity is, or is suspected of being, adulterated, misbranded, or
distributed in violation of this chapter, and has been detained or embargoed, and warning
all persons not to remove or dispose of the food, animal, new text begin equipment, facility, new text end or consumer
commodity by sale or otherwise until permission for removal or disposal is given by the
commissioner or the court. It is unlawful for a person to remove or dispose of a detained or
embargoed food, animal, new text begin equipment, food stored in a facility, new text end or consumer commodity by
sale or otherwise without the commissioner's or a court's permission and each transaction
is a separate violation of this subdivision.

Subd. 2.

Seizure.

A carcass; part of a carcass; meat or meat food product of an
animal; or dead, dying, disabled, or diseased animal that is being transported in intrastate
commerce, or is held for sale in this state after transportation in intrastate commerce, may
be proceeded against, seized, and condemned if:

(1) it is or has been prepared, sold, transported, or otherwise distributed, offered, or
received for distribution in violation of this chapter;

(2) it is usable as human food and is adulterated or misbranded; or

(3) it is in any other way in violation of this chapter.

The commissioner may act against the article or animal at any time on a complaint
in the district court of the judicial district where the article or animal is found.

Subd. 3.

Action for condemnation.

If food deleted text begin or an deleted text end new text begin , new text end article new text begin , equipment, new text end or animal
detained or embargoed under subdivision 1 has been found by the commissioner to be
adulterated or misbranded or in violation of this chapter, the commissioner shall petition
the district court in the county in which the food new text begin , article, equipment, new text end or animal is detained
or embargoed for an order and decree for the condemnation of the food new text begin , article, equipment,
new text end or animal. The commissioner shall release the food new text begin , article, equipment, new text end or animal when
this chapter and rules adopted under this chapter have been complied with or the food new text begin ,
article, equipment, new text end or animal is found to be not adulterated or misbranded.

Subd. 4.

Remedies.

If the court finds that a detained or embargoed food new text begin , article,
equipment, new text end or animal is adulterated, misbranded, or in violation of this chapter or rules
adopted under this chapter, the following remedies are available:

(1) after entering a decree, the food new text begin , article, equipment, new text end or animal may be destroyed
at the expense of the claimant under the supervision of the commissioner, and all court
costs, fees, storage, and other proper expenses must be assessed against the claimant of the
food new text begin , article, equipment, new text end or animal or the claimant's agent; and

(2) if adulteration or misbranding can be corrected by proper labeling or processing of
the food deleted text begin or deleted text end new text begin , new text end animal, new text begin or repair of the equipment, new text end the court, after entry of the decree and after
costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that
the food or animal must be properly labeled or processed new text begin or equipment properly repaired new text end ,
has been executed, may by order direct that the food or animal be delivered to the claimant
for proper labeling or processing new text begin or repairing of equipment new text end under the supervision of the
commissioner. The expense of the supervision must be paid by the claimant. The food deleted text begin or deleted text end new text begin ,
new text end animal new text begin , or equipment new text end must be returned to the claimant and the bond must be discharged on
the representation to the court by the commissioner that the food deleted text begin or deleted text end new text begin , new text end animal new text begin , or equipment
new text end is no longer in violation and that the expenses for the supervision have been paid.

Subd. 5.

Duties of commissioner.

If the commissioner finds in any room, building,
new text begin piece of equipment, new text end vehicle of transportation, or other structure any meat, seafood,
poultry, vegetable, fruit, or other perishable articles of food that are unsound, or contain
any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to
health or otherwise unsafe, the commissioner shall condemn or destroy the item or in any
other manner render the item as unsalable as human food, and no one has any cause of
action against the commissioner on account of the commissioner's action.

Subd. 6.

Emergency response.

If the governor declares an emergency order under
section 12.31 and if the commissioner finds or has probable cause to believe that livestock,
food, or a consumer commodity within a specific area is likely to be adulterated because
of the emergency or so misbranded as to be dangerous or fraudulent, or is in violation of
section 31.131, subdivision 1, the commissioner may embargo a geographic area that is
included in the declared emergency. The commissioner shall provide notice to the public
and to those with custody of the product in as thorough a manner as is practicable under
the emergency circumstances.

new text begin Subd. 7. new text end

new text begin Emergency powers. new text end

new text begin After an emergency declaration issued under chapter
12, chapter 35, or the federal Stafford Act, the commissioner may restrict the movement
of food if the commissioner has probable cause to believe that the movement of food may:
threaten the agricultural economy; transport a dangerous, infectious, or communicable
disease; or threaten the health of animals. The commissioner may provide for the issuance
of permits to allow for the continued movement of food upon meeting the disease control
measures established by the commissioner.
new text end

Sec. 19.

Minnesota Statutes 2014, section 177.23, subdivision 7, is amended to read:

Subd. 7.

Employee.

"Employee" means any individual employed by an employer
but does not include:

(1) deleted text begin two deleted text end new text begin five new text end or fewer specified individuals employed at any given time in agriculture
on a farming unit or operation who are paid a salary;

(2) any individual employed in agriculture on a farming unit or operation who is
paid a salary deleted text begin greater than the individual would be paid if the individual worked 48 hours at
the state minimum wage plus 17 hours at 1-1/2 times the state minimum wage per week deleted text end new text begin of
at least $588 per week commencing August 1, 2015. The minimum salary required to
be paid must be increased January 1, 2018, and each January 1 thereafter by an amount,
rounded to the nearest cent, calculated by multiplying 40 times the dollar amount of the
hourly minimum wage increase at the same time for employees of large employers subject
to section 177.24, subdivision 1, paragraph (b), clause (1) new text end ;

(3) an individual under 18 who is employed in agriculture on a farm to perform
services other than corn detasseling or hand field work when one or both of that minor
hand field worker's parents or physical custodians are also hand field workers;

(4) for purposes of section 177.24, an individual under 18 who is employed as a
corn detasseler;

(5) any staff member employed on a seasonal basis by an organization for work in an
organized resident or day camp operating under a permit issued under section 144.72;

(6) any individual employed in a bona fide executive, administrative, or professional
capacity, or a salesperson who conducts no more than 20 percent of sales on the premises
of the employer;

(7) any individual who renders service gratuitously for a nonprofit organization;

(8) any individual who serves as an elected official for a political subdivision or who
serves on any governmental board, commission, committee or other similar body, or who
renders service gratuitously for a political subdivision;

(9) any individual employed by a political subdivision to provide police or fire
protection services or employed by an entity whose principal purpose is to provide police
or fire protection services to a political subdivision;

(10) any individual employed by a political subdivision who is ineligible for
membership in the Public Employees Retirement Association under section 353.01,
subdivision 2b, clause (1), (2), (4), or (9);

(11) any driver employed by an employer engaged in the business of operating
taxicabs;

(12) any individual engaged in babysitting as a sole practitioner;

(13) for the purpose of section 177.25, any individual employed on a seasonal basis
in a carnival, circus, fair, or ski facility;

(14) any individual under 18 working less than 20 hours per workweek for a
municipality as part of a recreational program;

(15) any individual employed by the state as a natural resource manager 1, 2, or
3 (conservation officer);

(16) any individual in a position for which the United States Department of
Transportation has power to establish qualifications and maximum hours of service under
United States Code, title 49, section 31502;

(17) any individual employed as a seafarer. The term "seafarer" means a master
of a vessel or any person subject to the authority, direction, and control of the master
who is exempt from federal overtime standards under United States Code, title 29,
section 213(b)(6), including but not limited to pilots, sailors, engineers, radio operators,
firefighters, security guards, pursers, surgeons, cooks, and stewards;

(18) any individual employed by a county in a single-family residence owned by a
county home school as authorized under section 260B.060 if the residence is an extension
facility of that county home school, and if the individual as part of the employment duties
resides at the residence for the purpose of supervising children as defined by section
260C.007, subdivision 4; or

(19) nuns, monks, priests, lay brothers, lay sisters, ministers, deacons, and other
members of religious orders who serve pursuant to their religious obligations in schools,
hospitals, and other nonprofit institutions operated by the church or religious order.

Sec. 20.

Minnesota Statutes 2014, section 232.22, subdivision 5, is amended to read:

Subd. 5.

Statement of grain in storage; reports.

(a) All public grain warehouse
operators must by February 15 of each year file with the commissioner on a form approved
by the commissioner a report showing the annual average liability of all grain outstanding
on grain warehouse receipts new text begin , open storage, and grain stored for feed processing new text end that
occurred during the preceding calendar year. This report shall be used for the purpose
of establishing the penal sum of the bond.

(b) Warehouse operators that are at a maximum bond and want to continue at
maximum bond do not need to file this report.

(c) It is a violation of this chapter for any public grain warehouse operator to fail to
file the report required in paragraph (a).

(d) Every public grain warehouse operator shall keep in a place of safety complete
and accurate records and accounts relating to any grain warehouse operated. The records
shall reflect each commodity received and shipped daily, the balance remaining in the
grain warehouse at the close of each business day, a listing of all unissued grain warehouse
receipts in the operator's possession, a record of all grain warehouse receipts issued which
remain outstanding and a record of all grain warehouse receipts which have been returned
for cancellation. Copies of grain warehouse receipts or other documents evidencing
ownership of grain by a depositor, or other liability of the grain warehouse operator, shall
be retained as long as the liability exists but must be kept for a minimum of three years.

(e) Every public grain warehouse operator must maintain in the grain warehouse
at all times grain of proper grade and sufficient quantity to meet delivery obligations on
all outstanding grain warehouse receipts.

Sec. 21. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 18C.235, subdivision 2; 18H.02, subdivision 28a;
and 41A.12, subdivision 4, new text end new text begin are repealed.
new text end