SF 2128

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/01/2024 12:11pm

A bill for an act
relating to agriculture; adding nonnative Phragmites to noxious weeds provisions;
modifying restricted species provisions; prohibiting certain provisions in carbon
storage contracts; eliminating the prohibition on below-cost sales of dairy;
modifying genetically engineered organisms provisions; modifying nursery and
plant protection provisions; modifying provisions regulating the dairy industry;
regulating veterinary technicians, the practice of veterinary technology, and
unlicensed veterinary employees; amending veterinary medicine licensing for
University of Minnesota employees; modifying advanced biofuel production
incentive and renewable chemical production incentive provisions; changing the
appeal period to 20 days after service of an order from the Pesticide and Fertilizer
Management Division or Plant Protection Division of the Department of
Agriculture; defining minimum risk pesticide; allowing the use of minimum risk
pesticide for growing medical cannabis; amending Minnesota Statutes 2022,
sections 17.457; 17.710; 17.983, subdivision 1; 18.78, subdivision 2; 18B.01, by
adding a subdivision; 18D.321, subdivision 1; 18F.01; 18F.02, by adding
subdivisions; 18F.07; 18F.13; 18G.02, subdivisions 2, 6, 14, 15, 16, 20, 22, 24,
30, by adding a subdivision; 18G.03, subdivision 1; 18G.04, subdivision 2; 18G.05;
18G.06, subdivisions 2, 5; 18G.10, subdivisions 4, 5, 6; 18G.11, subdivision 1;
18G.12, subdivisions 1, 2; 18H.02, subdivisions 2, 3, 8, 9, 12, 12b, 12c, 14, 16,
18, 20, 24, 24a, 25, 26, 28, 32, 33, by adding a subdivision; 18H.03, subdivision
6; 18H.04; 18H.05; 18H.06, subdivision 2; 18H.07, subdivision 4, by adding a
subdivision; 18H.08, subdivision 1; 18H.09; 18H.10; 18H.12; 18H.13; 18H.14;
18H.15; 18H.18; 18J.08, subdivision 1; 32D.02, subdivision 2; 32D.09, subdivision
2; 34A.04, subdivision 1; 41A.16, subdivision 7; 41A.17, subdivision 6; 41A.18,
subdivision 6; 156.001, by adding subdivisions; 156.07; 156.12, subdivisions 2,
4; proposing coding for new law in Minnesota Statutes, chapters 18B; 156;
repealing Minnesota Statutes 2022, sections 17.984; 18F.02, subdivisions 2, 9;
18F.12; 18G.02, subdivisions 12, 17, 21, 25, 29; 18H.02, subdivisions 10, 12a,
29, 31, 32a, 34; 18H.06, subdivision 1; 32D.03, subdivision 5; 32D.24; 32D.25;
32D.26; 32D.27; 32D.28; 156.12, subdivision 6.

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

Section 1.

Minnesota Statutes 2022, section 17.457, is amended to read:

17.457 RESTRICTED SPECIES.

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Commissioner" means the commissioner of agriculture new text begin or the commissioner's
designee new text end .

(c) "Restricted species" means Eurasian wild pigs and their hybrids (Sus scrofa subspecies
and Sus scrofa hybrids), excluding domestic hogs (S. scrofa domesticus).

(d) "Release" means an intentional introduction or new text begin accidental new text end escape of a species from
the control of the owner or responsible party.

Subd. 2.

Importation; possession; release of restricted species.

It is unlawful for a
person to import, possess, propagate, transport, or release restricted species, deleted text begin except as
provided deleted text end new text begin unless the person has a permit as described new text end in subdivision 3.

Subd. 3.

Permits.

deleted text begin (a) deleted text end The commissioner may issue permits for the transportation,
possession, purchase, or importation of restricted species for scientific, research, educational,
or commercial purposes. A permit issued under this subdivision may be revoked by the
commissioner if the conditions of the permit are not met by the permittee or for any unlawful
act or omission, including accidental escapes.

deleted text begin (b) The commissioner may issue permits for a person to possess and raise a restricted
species for commercial purposes if the person was in possession of the restricted species
on March 1, 1993. Under the permit, the number of breeding stock of the restricted species
in the possession of the person may not increase by more than 25 percent and the person
must comply with the certification requirements in subdivision 7.
deleted text end

deleted text begin (c) A person may possess a restricted species without a permit for a period not to exceed
two days for the purpose of slaughtering the restricted species for human consumption.
deleted text end

Subd. 4.

Notice of deleted text begin escape deleted text end new text begin release new text end of restricted species.

In the event of deleted text begin an escape deleted text end new text begin a
release new text end of a restricted species, the owner must notify within 24 hours a conservation officer
and the Board of Animal Health and is responsible for the recovery of the species. The
commissioner may capture or destroy the deleted text begin escaped deleted text end new text begin released new text end animal at the owner's expense.

Subd. 5.

Enforcement.

This section may be enforced new text begin by an enforcement officer new text end under
sections 97A.205 and 97A.211 new text begin and by the commissioner under sections 17.982 to 17.984 new text end .

Subd. 6.

Penalty.

A person who violates subdivision 2, 4, or 7 is guilty of a misdemeanor.

Subd. 7.

deleted text begin Certification and deleted text end Identification requirements.

deleted text begin (a) A person who possesses
restricted species on July 1, 1993, must submit certified numbers of restricted species in
the person's possession to the Board of Animal Health by June 1, 1993.
deleted text end

deleted text begin (b) deleted text end new text begin A new text end restricted species in the possession of a person must be marked in a permanent
fashion to identify ownership. The restricted species must be marked as soon as practicable
after birth or purchase.

Subd. 8.

Containment.

The commissioner, in consultation with the commissioner of
natural resources, shall develop criteria for approved containment measures for restricted
species deleted text begin with the assistance of producers of restricted species deleted text end .

Subd. 9.

Bond; security.

A person who possesses restricted species must deleted text begin file a bond or
deposit deleted text end new text begin provide proof of insurance or file a security bond new text end with the commissioner deleted text begin security
in the form and deleted text end in deleted text begin the deleted text end new text begin an new text end amount determined by the commissioner to pay for the new text begin potential
new text end costs and damages new text begin that would be new text end caused by deleted text begin an escape deleted text end new text begin the release new text end of a restricted species.

Subd. 10.

Fee.

The commissioner deleted text begin shall deleted text end new text begin may new text end impose a fee for permits in an amount
sufficient to cover the costs of issuing the permits and for facility inspections. The fee may
not exceed $50. Fee receipts must be deposited in the general fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2022, section 17.710, is amended to read:

17.710 AGRICULTURAL deleted text begin PRODUCTION deleted text end CONTRACTS.

new text begin (a) new text end A production contract entered into, renewed, or amended on or after July 1, 1999,
between an agricultural producer and a processor of agricultural products must not contain
provisions that prohibit the producer from disclosing terms, conditions, and prices contained
in the contract. Any provision prohibiting disclosure by the producer is void.

new text begin (b) A contract entered into, renewed, or amended on or after July 1, 2023, between an
agricultural producer and an entity buying, selling, certifying, or otherwise participating in
a market for stored carbon must not contain provisions that prohibit the producer from
disclosing terms, conditions, and prices contained in the contract. Any provision prohibiting
disclosure by the producer is void.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2022, section 17.983, subdivision 1, is amended to read:

Subdivision 1.

Administrative penalties; citation.

If a person has violated a provision
of chapter 25 deleted text begin , deleted text end new text begin or new text end 31B, deleted text begin or 32D, deleted text end the commissioner may issue a written citation to the person
by personal service or by certified mail. The citation must describe the nature of the violation
and the statute or rule alleged to have been violated; state the time for correction, if
applicable; and the amount of any proposed fine. The citation must advise the person to
notify the commissioner in writing within 30 days if the person wishes to appeal the citation.
If the person fails to appeal the citation, the citation is the final order and not subject to
further review.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 4.

Minnesota Statutes 2022, section 18.78, subdivision 2, is amended to read:

Subd. 2.

Control of purple loosestrife new text begin and nonnative Phragmites new text end .

An owner of
nonfederal lands underlying public waters or wetlands designated under section 103G.201
is not required to control or eradicate purple loosestrife new text begin or nonnative Phragmites new text end below the
ordinary high water level of the public water or wetland. The commissioner of natural
resources is responsible for control and eradication of purple loosestrife new text begin and nonnative
Phragmites new text end on public waters and wetlands designated under section 103G.201, except those
located upon lands owned in fee title or managed by the United States. The officers,
employees, agents, and contractors of the commissioner of natural resources may enter upon
public waters and wetlands designated under section 103G.201 and, after providing
notification to the occupant or owner of the land, may cross adjacent lands as necessary for
the purpose of investigating purple loosestrife new text begin or nonnative Phragmites new text end infestations,
formulating methods of eradication, and implementing control and eradication of purple
loosestrife new text begin or nonnative Phragmites new text end . The commissioner of natural resources shall, by June
1 of each year, compile a priority list of purple loosestrife new text begin and nonnative Phragmites
new text end infestations to be controlled with herbicides in designated public waters. The commissioner
of natural resources must distribute the list to county agricultural inspectors, local weed
inspectors, and their appointed agents. The commissioner of natural resources shall control
listed purple loosestrife new text begin and nonnative Phragmites new text end infestations in priority order within the
limits of funding allocated for that purpose. This procedure shall supersede the other
provisions for control of noxious weeds set forth elsewhere in this chapter. The responsibility
of the commissioner of natural resources to control and eradicate purple loosestrife new text begin and
nonnative Phragmites new text end on public waters and wetlands located on private lands and the
authority to enter upon private lands ends ten days after receipt by the commissioner of a
written statement from the landowner that the landowner assumes all responsibility for
control and eradication of purple loosestrife new text begin and nonnative Phragmites new text end under sections 18.78
to 18.88. State officers, employees, agents, and contractors of the commissioner of natural
resources are not liable in a civil action for trespass committed in the discharge of their
duties under this section and are not liable to anyone for damages, except for damages
arising from gross negligence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 5.

Minnesota Statutes 2022, section 18B.01, is amended by adding a subdivision to
read:

new text begin Subd. 14c. new text end

new text begin Minimum risk pesticide. new text end

new text begin "Minimum risk pesticide" means a pesticide or
class of pesticides that is exempt from the United States Environmental Protection Agency's
registration requirements under section 25(b) of the federal Insecticide, Fungicide, and
Rodenticide Act in Code of Federal Regulations, title 40, section 152.25(f).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 6.

new text begin [18B.091] PESTICIDES ON MEDICAL CANNABIS.
new text end

new text begin A person working on behalf of an approved medical cannabis manufacturer may apply
minimum risk pesticide for growing medical cannabis as defined in section 152.22,
subdivision 6, unless:
new text end

new text begin (1) the commissioner determines that the product label prohibits the use of minimum
risk pesticide on medical cannabis;
new text end

new text begin (2) the commissioner, in consultation with the commissioner of health, determines that
the continued use of minimum risk pesticide would cause unreasonable adverse effects on
human health; or
new text end

new text begin (3) the commissioner determines that the continued use of minimum risk pesticide would
cause unreasonable adverse effects on the environment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 7.

Minnesota Statutes 2022, section 18D.321, subdivision 1, is amended to read:

Subdivision 1.

Notice of appeal.

(a) After service of an order, a person has deleted text begin 45 deleted text end new text begin 20 new text end days
from receipt of the order to notify the commissioner in writing that the person intends to
contest the order.

(b) If the person fails to notify the commissioner that the person intends to contest the
order, the order is a final order of the commissioner and not subject to further judicial or
administrative review.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 8.

Minnesota Statutes 2022, section 18F.01, is amended to read:

18F.01 PURPOSE.

The purpose of sections 18F.01 to 18F.13 is to establish deleted text begin permits deleted text end new text begin conditions new text end for the release
of certain genetically engineered agriculturally related organisms to protect humans and the
environment from the potential for significant adverse effects of those releases.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 9.

Minnesota Statutes 2022, section 18F.02, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Coordinated Framework. new text end

new text begin "Coordinated Framework" means the federal
Coordinated Framework for the Regulation of Biotechnology set forth in Federal Register,
volume 51, pages 23,302 to 23,350 (June 26, 1986), as amended.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 10.

Minnesota Statutes 2022, section 18F.02, is amended by adding a subdivision to
read:

new text begin Subd. 7a. new text end

new text begin Regulated organism. new text end

new text begin "Regulated organism" means a genetically engineered
organism that is not exempt from federal regulations or that is not yet authorized for
commercial use by the appropriate federal agency in the Coordinated Framework.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 11.

Minnesota Statutes 2022, section 18F.07, is amended to read:

18F.07 GENETICALLY ENGINEERED AGRICULTURALLY RELATED
ORGANISM PERMIT.

Subdivision 1.

Requirement.

A person may not conduct a release of a genetically
engineered agriculturally related organism until a permit for the release has been obtained
from the deleted text begin commissioner deleted text end new text begin United States Department of Agriculture (USDA) or Environmental
Protection Agency (EPA) unless the organism is exempt from regulation by the applicable
agency under the Coordinated Framework. The commissioner may accept a USDA or EPA
permit or may review a USDA or EPA permit and add additional requirements to ensure
that the proposed release of a genetically engineered agriculturally related organism would
not create a hazard to the agricultural, forest, or horticultural interests of this state or the
state's general environmental quality new text end . deleted text begin Each release of a genetically engineered agriculturally
deleted text end deleted text begin related organism requires a new permit until the deleted text end deleted text begin commissioner deleted text end deleted text begin determines deleted text end deleted text begin by rule deleted text end deleted text begin that the
proposed use of the deleted text end deleted text begin agriculturally related organism deleted text end deleted text begin is no longer subject to regulation deleted text end deleted text begin under
this chapter deleted text end deleted text begin .
deleted text end

Subd. 2.

Permit deleted text begin application and deleted text end review.

(a) deleted text begin After reviewing a completed application,
the commissioner may issue a genetically engineered agriculturally related organism permit
if the commissioner determines that the applicant has adequately demonstrated that the
proposed release does not have the potential for unreasonable adverse effects on the
environment. deleted text end new text begin If the commissioner reviews a USDA or EPA permit, new text end the commissioner may
deleted text begin prescribe deleted text end new text begin recommend new text end terms and conditions new text begin , new text end including deleted text begin , deleted text end but not limited to deleted text begin , deleted text end the period for the
genetically engineered agriculturally related organism permit, the amount or number of
genetically engineered agriculturally related organisms to be used, monitoring activities,
department inspection schedules, reporting of experiment results, and experiment termination
procedures. deleted text begin A person may not violate terms or conditions of a permit issued under this
section. deleted text end After a genetically engineered agriculturally related organism permit is issued, the
commissioner deleted text begin may revoke or change the permit at any time deleted text end new text begin must inform the permitting
agency new text end if the deleted text begin commissioner finds that its deleted text end new text begin permit new text end terms or conditions are being violated or
are inadequate to avoid unreasonable adverse effects on the environment.

(b) The commissioner may deleted text begin deny issuance of a genetically engineered agriculturally
related organism permit if the commissioner determines that the use to be made of the
agriculturally related organisms under the proposed terms and conditions may cause
unreasonable adverse effects on the environment deleted text end new text begin request that the USDA or EPA not issue
a permit if the commissioner determines that the release of the genetically engineered
agriculturally related organism would create a hazard to the agricultural, forest, or
horticultural interests of this state or the state's general environmental quality new text end .

new text begin (c) The commissioner shall publish a notice of the proposed release at the earliest
opportunity in the EQB Monitor and shall notify the chair of the county board and, if
applicable, the Tribal council of any reservation where the organism will be released.
new text end

Subd. 3.

Application.

A person shall file an application for a genetically engineered
agriculturally related organism permit with the deleted text begin commissioner. The application must include: deleted text end new text begin
appropriate federal agency in the Coordinated Framework, unless exempted as set forth in
section 18F.13.
new text end

deleted text begin (1) the name and address of the applicant;
deleted text end

deleted text begin (2) any United States Environmental Protection Agency, United States Department of
Agriculture, or other federal agency regulatory application or approval document, if required
under federal law or rule;
deleted text end

deleted text begin (3) the purpose or objectives of the agriculturally related organism;
deleted text end

deleted text begin (4) the name, address, and telephone number of cooperators or participants in this state;
deleted text end

deleted text begin (5) the amount or number of organisms, materials, cultures, or seeds to be shipped or
used in this state; and
deleted text end

deleted text begin (6) other information requested by the commissioner.
deleted text end

deleted text begin Subd. 4. deleted text end

deleted text begin Application fee. deleted text end

deleted text begin An application for a permit for a genetically engineered
agriculturally related organism must be accompanied by a nonrefundable application fee
of $125.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 12.

Minnesota Statutes 2022, section 18F.13, is amended to read:

18F.13 EXEMPTIONS.

deleted text begin (a) deleted text end The commissioner deleted text begin may provide exemptions to the requirements to prepare an
environmental assessment worksheet and obtain a permit for release of genetically engineered
agriculturally related organisms for which substantial evidence, including past releases, has
shown that the organism can be released without adverse effects on humans and the
environment deleted text end new text begin must recognize federal exemptions for the regulation of genetically engineered
organisms new text end .

deleted text begin (b) deleted text end The commissioner deleted text begin may provide exemptions from the requirements to prepare an
environmental assessment worksheet and obtain a permit for release of genetically engineered
agriculturally related organisms for which substantial evidence, including past releases, has
shown that the organism can be released under alternative oversight without adverse effects
to humans and the environment deleted text end new text begin must allow the commercial use of agriculturally related
genetically engineered organisms, pesticides, fertilizers, soil amendments, or plant
amendments that have been deregulated by any federal agency new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 13.

Minnesota Statutes 2022, section 18G.02, subdivision 2, is amended to read:

Subd. 2.

Biological control agent.

"Biological control agent" means a deleted text begin parasite deleted text end new text begin parasitoid new text end ,
predator, pathogen, or competitive organism intentionally released by humans for the purpose
of biological control with the intent of causing a reduction of a host or prey population.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 14.

Minnesota Statutes 2022, section 18G.02, subdivision 6, is amended to read:

Subd. 6.

Compliance agreement.

"Compliance agreement" means a written agreement
between deleted text begin a person deleted text end new text begin an entity new text end and a regulatory agency to achieve compliance with regulatory
requirements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 15.

Minnesota Statutes 2022, section 18G.02, is amended by adding a subdivision to
read:

new text begin Subd. 12a. new text end

new text begin Individual. new text end

new text begin "Individual" means a single human being who is not the sole
proprietor of a registered business related to plant protection or export certification.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 16.

Minnesota Statutes 2022, section 18G.02, subdivision 14, is amended to read:

Subd. 14.

Infested.

"Infested" means a plant deleted text begin has been overrun by deleted text end new text begin that contains an
unacceptable level of new text end plant pests, including weeds, or contains or harbors plant pests in a
quantity that may threaten other plants.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 17.

Minnesota Statutes 2022, section 18G.02, subdivision 15, is amended to read:

Subd. 15.

Invasive species.

"Invasive species" means an exotic deleted text begin or nonnative deleted text end species
whose introduction and establishment causes, or may cause, economic or environmental
harm or harm to human health.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 18.

Minnesota Statutes 2022, section 18G.02, subdivision 16, is amended to read:

Subd. 16.

Mark.

"Mark" means an official indicator affixed by the commissioner for
purposes of identification or separation, to, on, around, or near, plants or plant material
known or suspected to be new text begin infested or new text end infected with a plant pest new text begin or that otherwise needs to
be distinguished from other plants or materials new text end . This includes, but is not limited to, paint,
markers, tags, seals, stickers, tape, ribbons, signs, or placards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 19.

Minnesota Statutes 2022, section 18G.02, subdivision 20, is amended to read:

Subd. 20.

deleted text begin Person deleted text end new text begin Entity new text end .

" deleted text begin Person deleted text end new text begin Entity new text end " means deleted text begin an individual, deleted text end new text begin a registered business
such as a new text end firm, corporation, partnership, association, trust, joint stock company, deleted text begin or deleted text end
unincorporated organization new text begin , or sole proprietorship new text end ; the state; a state agency; or a political
subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 20.

Minnesota Statutes 2022, section 18G.02, subdivision 22, is amended to read:

Subd. 22.

Phytosanitary certificate or export certificate.

"Phytosanitary certificate"
or "export certificate" means a document authorized or prepared by a duly authorized federal
or state official that affirms, declares, or verifies that an article, deleted text begin nursery stock, deleted text end plant, plant
product, shipment, or any other officially regulated article meets applicable, legally
established, plant pest regulations, including this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 21.

Minnesota Statutes 2022, section 18G.02, subdivision 24, is amended to read:

Subd. 24.

Plant pest.

"Plant pest" deleted text begin includes, but is not limited to, an invasive species or
any pest of plants, agricultural commodities, horticultural products, nursery stock, or
noncultivated plants by organisms such as deleted text end new text begin means any organism determined by the
commissioner to be capable of causing harm to terrestrial plants, including but not limited
to new text end insects, snails, nematodes, fungi, viruses, bacterium, microorganisms, mycoplasma-like
organisms, weeds, deleted text begin plants, deleted text end and parasitic plants.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 22.

Minnesota Statutes 2022, section 18G.02, subdivision 30, is amended to read:

Subd. 30.

Significant damage or harm.

"Significant damage" or "harm" means a level
of adverse impact that results in new text begin unacceptable new text end economic damage, injury, or loss deleted text begin that exceeds
the cost of control deleted text end for a particular deleted text begin crop deleted text end new text begin plant new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 23.

Minnesota Statutes 2022, section 18G.03, subdivision 1, is amended to read:

Subdivision 1.

Entry and inspection.

(a) The commissioner may enter and inspect a
public or private place that might harbor plant pests and may require that the owner destroy
or treat plant pests, plants, or other material.

(b) If the owner fails to properly comply with a directive of the commissioner, the
commissioner may have any necessary work done at the owner's expense. The commissioner
shall notify the owner of the deadline for paying those expenses. If the owner does not
reimburse the commissioner for an expense within a time specified by the commissioner,
the expense is a charge upon the county as provided in subdivision 4.

(c) If a deleted text begin harmful deleted text end plant pest infestation or infection threatens plants of an area in the state,
the commissioner may take any measures necessary to eliminate or alleviate the potential
significant damage or harm.

(d) The commissioner may collect fees required by this chapter.

(e) The commissioner may issue and enforce written or printed "stop-sale" orders,
compliance agreements, and other directives and requests to the owner or custodian of any
plants or articles infested or infected with a deleted text begin harmful deleted text end plant pest.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 24.

Minnesota Statutes 2022, section 18G.04, subdivision 2, is amended to read:

Subd. 2.

Control order.

In order to prevent the introduction or spread of deleted text begin harmful or
dangerous deleted text end plant pests, the commissioner may issue orders for necessary control measures.
These orders may indicate the type of specific control to be used, the compound or material,
the manner or the time of application, and who is responsible for carrying out the control
order. Control orders may include directions to control or abate the plant pest to an acceptable
level; eradicate the plant pest; restrict the movement of the plant pest or any material, article,
appliance, plant, or means of conveyance suspected to be carrying the plant pest; or destroy
plants or plant products infested or infected with a plant pest. Material suspected of being
infested or infected with a plant pest may be confiscated by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 25.

Minnesota Statutes 2022, section 18G.05, is amended to read:

18G.05 DISCOVERY OF PLANT PESTS; OFFICIAL MARKING OF INFESTED
OR INFECTED ARTICLES.

Upon knowledge of the existence of a deleted text begin dangerous or injurious deleted text end plant pest deleted text begin or invasive
species deleted text end within the state, the commissioner may conspicuously mark all plants, infested areas,
materials, and articles known or suspected to be infected or infested with the plant pest deleted text begin or
invasive species deleted text end . deleted text begin Persons, owners, or tenants deleted text end new text begin An entity or individual new text end in possession of the
premises or area in which the existence of the plant pest deleted text begin or invasive species deleted text end is suspected
must be notified by the commissioner with prescribed control measures. deleted text begin A person deleted text end new text begin An entity
or individual new text end must comply with the commissioner's control order within the prescribed time.
If the commissioner determines that satisfactory control or mitigation of the pest has been
achieved, the order must be released.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 26.

Minnesota Statutes 2022, section 18G.06, subdivision 2, is amended to read:

Subd. 2.

Quarantine notice.

(a) The commissioner may issue orders to take prompt
regulatory action in plant pest emergencies on regulated articles. If continuing quarantine
action is required, a formal quarantine may be imposed. Orders may be issued to retain
necessary quarantine action on a few properties if eradication treatments have been applied
and continuing quarantine action is no longer necessary for the majority of the regulated
area.

(b) The commissioner may place an emergency regulation or quarantine in effect without
prior public notice in order to take immediate regulatory action to prevent the introduction
or establishment of a plant pest.

(c) The commissioner may enter into cooperative agreements with the United States
Department of Agriculture and other federal, state, city, or county agencies to assist in the
enforcement of federal quarantines. The commissioner may adopt a quarantine or regulation
against a new text begin plant new text end pest or an area not covered by a federal quarantine. The commissioner may
seize, destroy, or require treatment of products moved from a federally regulated area if
they were not moved in accordance with the federal quarantine regulations or, if certified,
they were found to be infested with the pest organism.

(d) The commissioner may impose a quarantine against a plant pest that is not quarantined
in other states to prevent the spread of the plant pest within this state. The commissioner
may enact a quarantine against a plant pest of regional or national significance even when
no federal domestic quarantine has been adopted. These quarantines regulate intrastate
movement between quarantined and nonquarantined areas of this state. The commissioner
may enact a parallel state quarantine if there is a federal quarantine applied to a portion of
the state.

(e) The commissioner may impose a state exterior quarantine if the plant pest is not
established in this state but is established in other states. State exterior quarantines may be
enacted even if no federal domestic quarantine has been adopted. The commissioner may
issue control orders at destinations necessary to prevent the introduction or spread of plant
pests.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 27.

Minnesota Statutes 2022, section 18G.06, subdivision 5, is amended to read:

Subd. 5.

Public notification of a state quarantine or emergency regulation.

(a) For
new text begin plant new text end pest threats of imminent concern, the commissioner may declare an emergency
quarantine or enact emergency orders.

(b) If circumstances permit, public notice and a public hearing must be held to solicit
comments regarding the proposed state quarantine. If a new text begin plant new text end pest threat is of imminent
concern and there is insufficient time to allow full public comment on the proposed
quarantine, the commissioner may impose an emergency quarantine until a state quarantine
can be implemented.

(c) Upon establishment of a state quarantine, and upon institution of modifications or
repeal, notices must be sent to the principal parties of interest, including federal and state
authorities, and to organizations representing the public involved in the restrictive measures.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 28.

Minnesota Statutes 2022, section 18G.10, subdivision 4, is amended to read:

Subd. 4.

Phytosanitary and export certificates.

An exporter of plants or plant products
desiring to originate shipments from Minnesota to a foreign country requiring a phytosanitary
certificate or export certificate must submit an application to the commissioner. Application
for phytosanitary certificates or export certificates must be made on forms provided or
approved by the commissioner new text begin or the USDA new text end . The commissioner may conduct inspections
of plants, plant products, or facilities for persons that have applied for or intend to apply
for a phytosanitary certificate or export certificate from the commissioner.

The commissioner may issue a phytosanitary certificate or export certificate if the plants
or plant products satisfactorily meet the requirements of the importing new text begin state or new text end foreign
country and the United States Department of Agriculture requirements. The requirements
of the destination new text begin states or new text end countries must be met by the applicant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 29.

Minnesota Statutes 2022, section 18G.10, subdivision 5, is amended to read:

Subd. 5.

Certificate fees.

(a) The commissioner shall assess fees sufficient to recover
all costs for the inspection, service, and work performed in carrying out the issuance of a
phytosanitary certificate or export certificate.

(b) If laboratory analysis or other technical analysis is required to issue a certificate, the
commissioner must set and collect the fee to recover this additional cost.

(c) The certificate fee is $75 or a fee amount, not to exceed $300, that is sufficient to
recover all processing costs for each phytosanitary or export certificate issued new text begin . The certificate
fee is new text end in addition to any mileage or inspection time charges that are assessed.

(d) For services provided for in subdivision 7 that are goods and services provided for
the direct and primary use of a private individual, business, or other entity, the commissioner
must set and collect the fees to cover the cost of the services provided.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 30.

Minnesota Statutes 2022, section 18G.10, subdivision 6, is amended to read:

Subd. 6.

Certificate denial or cancellation.

The commissioner may deny or cancel the
issuance of a phytosanitary or export certificate for any of the following reasons:

(1) failure of the plants or plant products to meet quarantine, regulations, and requirements
imposed by the country new text begin , state, or other jurisdiction new text end for which the phytosanitary or export
certificate is being requested;

(2) failure to completely or accurately provide the information requested on the
application form;

(3) failure to ship the exact plants or plant products which were inspected and approved;
or

(4) failure to pay any fees or costs due the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 31.

Minnesota Statutes 2022, section 18G.11, subdivision 1, is amended to read:

Subdivision 1.

Detection and control agreements.

The commissioner may enter into
cooperative agreements with organizations, deleted text begin persons deleted text end new text begin entities new text end , civic groups, governmental
agencies, or other organizations to adopt and execute plans to detect and control areas
infested or infected with deleted text begin harmful deleted text end plant pests. The cooperative agreements may include
provisions of joint funding of any control treatment.

If a deleted text begin harmful deleted text end plant pest infestation or infection occurs and cannot be adequately controlled
by deleted text begin individual persons deleted text end new text begin individuals, entities new text end , owners, tenants, or local units of government,
the commissioner may conduct the necessary control measures independently or on a
cooperative basis with federal or other units of government.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 32.

Minnesota Statutes 2022, section 18G.12, subdivision 1, is amended to read:

Subdivision 1.

Plant pest and invasive species research.

The commissioner shall
conduct research to prevent the introduction or spread of deleted text begin invasive species and deleted text end plant pests
new text begin that are also terrestrial invasive species new text end into the state and to investigate the feasibility of
their control or eradication.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 33.

Minnesota Statutes 2022, section 18G.12, subdivision 2, is amended to read:

Subd. 2.

Statewide program.

The commissioner shall establish a statewide program to
prevent the introduction and the spread of deleted text begin harmful deleted text end plant deleted text begin pest and deleted text end new text begin pests that are also new text end terrestrial
invasive species. To the extent possible, the program must provide coordination of efforts
among governmental entities and private organizations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 34.

Minnesota Statutes 2022, section 18H.02, subdivision 2, is amended to read:

Subd. 2.

Agent.

"Agent" means deleted text begin a person deleted text end new text begin an entity new text end who, on behalf of another deleted text begin person deleted text end new text begin
entity new text end , receives on consignment, contracts for, or solicits for sale on commission, a plant
product from a producer new text begin or supplier new text end of the product or negotiates the consignment or purchase
of a plant product on behalf of another deleted text begin person deleted text end new text begin entity new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 35.

Minnesota Statutes 2022, section 18H.02, subdivision 3, is amended to read:

Subd. 3.

Annual.

"Annual" means a plant deleted text begin growing in Minnesota deleted text end with a life cycle of less
than one year new text begin when grown in Minnesota new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 36.

Minnesota Statutes 2022, section 18H.02, subdivision 8, is amended to read:

Subd. 8.

Consignee.

"Consignee" means deleted text begin a person deleted text end new text begin an entity new text end to whom a plant, nursery
stock, horticultural product, or plant product is shipped for handling, planting, sale, resale,
or any other purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 37.

Minnesota Statutes 2022, section 18H.02, subdivision 9, is amended to read:

Subd. 9.

Consignor.

"Consignor" means deleted text begin a person deleted text end new text begin an entity new text end who ships or delivers to a
consignee a plant, nursery stock, horticultural product, or plant product for handling, planting,
sale, resale, or any other purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 38.

Minnesota Statutes 2022, section 18H.02, subdivision 12, is amended to read:

Subd. 12.

Distribute.

"Distribute" means offer for sale, sell, barter, new text begin give away, new text end ship,
deliver for shipment, receive and deliver, offer to deliver, receive on consignment, contract
for, solicit for sale on commission, or negotiate the consignment or purchase in this state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 39.

Minnesota Statutes 2022, section 18H.02, subdivision 12b, is amended to read:

Subd. 12b.

Etiolated growth.

"Etiolated growth" means deleted text begin bleached and unnatural growth
resulting from the exclusion of sunlight deleted text end new text begin plant growth with reduced or no chlorophyll
production due to a lack of sunlight. Etiolated growth is evidenced by pale, yellowish or
white plants and weak, spindly stems new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 40.

Minnesota Statutes 2022, section 18H.02, subdivision 12c, is amended to read:

Subd. 12c.

Individual.

"Individual" means a human being new text begin who is not the sole proprietor
of a registered business selling plants for planting new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 41.

Minnesota Statutes 2022, section 18H.02, subdivision 14, is amended to read:

Subd. 14.

Infested.

"Infested" means a plant deleted text begin has been overrun by deleted text end new text begin that contains an
unacceptable level of new text end plant pests, including weeds, or contains or harbors plant pests in a
quantity that may threaten other plants.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 42.

Minnesota Statutes 2022, section 18H.02, is amended by adding a subdivision to
read:

new text begin Subd. 15a. new text end

new text begin Label. new text end

new text begin "Label" means a legible tag or other signage attached to a specific
plant or plant container that provides the identity of the plant and any other required or
relevant information regarding the plant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 43.

Minnesota Statutes 2022, section 18H.02, subdivision 16, is amended to read:

Subd. 16.

Mark.

"Mark" means an official indicator affixed by the commissioner for
purposes of identification or separation to, on, around, or near plants or plant material known
or suspected to be new text begin infested or new text end infected with a plant pest new text begin or to otherwise distinguish the plants
or plant material from other plants or materials new text end . This includes, but is not limited to, paint,
markers, tags, seals, stickers, tape, ribbons, signs, or placards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 44.

Minnesota Statutes 2022, section 18H.02, subdivision 18, is amended to read:

Subd. 18.

Nursery certificate.

"Nursery certificate" means a document issued by the
commissioner recognizing that deleted text begin a person deleted text end new text begin an entity new text end is eligible to sell, offer for sale, or distribute
certified nursery stock at a particular location under a specified business name.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 45.

Minnesota Statutes 2022, section 18H.02, subdivision 20, is amended to read:

Subd. 20.

Nursery stock.

"Nursery stock" means a plant intended for planting or
propagation, including, but not limited to, trees, shrubs, vines, perennials, biennials, grafts,
cuttings, and buds that may be sold for propagation, whether cultivated or wild, and all
viable parts of these plants. Nursery stock does not include:

(1) field and forage crops or sod;

(2) seeds;

(3) vegetable plants, bulbs, or tubers;

(4) cut new text begin material such as new text end flowers new text begin or other herbaceous or woody plants new text end , unless stems or
other portions are intended for propagation;

new text begin (5) tropical plants;
new text end

deleted text begin (5) deleted text end new text begin (6) new text end annuals; or

deleted text begin (6) deleted text end new text begin (7) new text end Christmas trees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 46.

Minnesota Statutes 2022, section 18H.02, subdivision 24, is amended to read:

Subd. 24.

Owner.

"Owner" includes, but is not limited to, the deleted text begin person deleted text end new text begin entity new text end with the
legal right of possession, proprietorship of, or responsibility for the property or place where
any of the articles regulated in this chapter are found, or the deleted text begin person deleted text end new text begin entity new text end who is in possession
of, proprietorship of, or has responsibility for the regulated articles.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 47.

Minnesota Statutes 2022, section 18H.02, subdivision 24a, is amended to read:

Subd. 24a.

Packaged new text begin nursery new text end stock.

"Packaged new text begin nursery new text end stock" means bare root nursery
stock packed with the roots in moisture-retaining material encased in plastic film or other
material designed to hold the moisture-retaining material in place.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 48.

Minnesota Statutes 2022, section 18H.02, subdivision 25, is amended to read:

Subd. 25.

deleted text begin Person deleted text end new text begin Entity new text end .

deleted text begin "Person" deleted text end new text begin "Entity" new text end means deleted text begin an individual, deleted text end new text begin a registered business
such as a new text end firm, new text begin a new text end corporation, new text begin a new text end partnership, new text begin an new text end association, new text begin a new text end trust, new text begin a new text end joint stock company,
new text begin an new text end unincorporated organization, new text begin or a sole proprietorship; new text end the state deleted text begin , deleted text end new text begin ; new text end a state agency deleted text begin , deleted text end new text begin ; new text end or a
political subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 49.

Minnesota Statutes 2022, section 18H.02, subdivision 26, is amended to read:

Subd. 26.

Place of origin.

"Place of origin" means the county and state where nursery
stock was most recently certified or grown for at least one deleted text begin full deleted text end growing season.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 50.

Minnesota Statutes 2022, section 18H.02, subdivision 28, is amended to read:

Subd. 28.

Plant pest.

"Plant pest" means deleted text begin a biotic agent that causes or may cause harm
to deleted text end new text begin any organism that the commissioner determines is capable of causing harm to terrestrial
plants, including but not limited to insects, snails, nematodes, fungi, viruses, bacteria,
microorganisms, mycoplasma-like organisms, weeds, and parasitic new text end plants.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 51.

Minnesota Statutes 2022, section 18H.02, subdivision 32, is amended to read:

Subd. 32.

Sales location.

"Sales location" means a fixed location from which certified
nursery stock is deleted text begin displayed or deleted text end distributed new text begin or displayed with the intent to sell new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 52.

Minnesota Statutes 2022, section 18H.02, subdivision 33, is amended to read:

Subd. 33.

Tree spade.

"Tree spade" means a mechanical device or machinery capable
of removing nursery stock, root system, and soil from deleted text begin the deleted text end new text begin a new text end planting deleted text begin in one operation deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 53.

Minnesota Statutes 2022, section 18H.03, subdivision 6, is amended to read:

Subd. 6.

Dissemination of information.

The commissioner may disseminate information
among growers deleted text begin relative to deleted text end new text begin regarding the new text end treatment of nursery stock deleted text begin in both prevention and
elimination of deleted text end new text begin to prevent or eliminate the new text end attack deleted text begin by deleted text end new text begin of new text end plant pests and diseases.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 54.

Minnesota Statutes 2022, section 18H.04, is amended to read:

18H.04 ADOPTION OF RULES.

The commissioner may adopt rules to carry out the purposes of this chapter. The rules
may include, but are not limited to, rules in regard to labeling and the maintenance of
viability and vigor of nursery stock. deleted text begin Rules of the commissioner that are in effect on July 1,
2003, relating to plant protection, nursery inspection, or the Plant Pest Act remain in effect
until they are superseded by new rules.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 55.

Minnesota Statutes 2022, section 18H.05, is amended to read:

18H.05 NURSERY CERTIFICATE REQUIREMENTS.

(a) No person may offer for sale or distribute certified nursery stock as a nursery stock
grower or dealer without first obtaining the appropriate deleted text begin nursery stock deleted text end certificate from the
commissioner. The commissioner may not issue a certificate to deleted text begin a person deleted text end new text begin an entity new text end who does
not sell certified nursery stock. Certificates are issued solely for these purposes and may
not be used for other purposes.

(b) A certificate issued by the commissioner expires on December 31 of the year it is
issued.

(c) deleted text begin A person deleted text end new text begin An entity new text end required to be certified by this section must apply for a certificate
or for renewal on a form deleted text begin furnished deleted text end new text begin established new text end by the commissioner deleted text begin which deleted text end new text begin that new text end must contain:

(1) the name deleted text begin and deleted text end new text begin , new text end address new text begin , and contact information new text end of the applicant deleted text begin , the number of
locations to be operated by the applicant and their addresses, and deleted text end new text begin ;
new text end

new text begin (2) new text end the assumed business name of the applicant;

deleted text begin (2) if other than an individual, a statement whether a person is a partnership, corporation,
or other organization;
deleted text end

deleted text begin (3) the type of business to be operated and, if the applicant is an agent, the principals
the applicant represents; and
deleted text end

new text begin (3) the address of the sales location;
new text end

new text begin (4) the address or geographical description of any additional location where nursery
stock will be handled, if applicable; and
new text end

deleted text begin (4) deleted text end new text begin (5) the new text end source or sources of purchased nursery stock.

(d) No deleted text begin person deleted text end new text begin entity new text end may:

(1) falsely claim to be a certified dealer, grower, broker, or agent;

(2) make willful false statements when applying for a certificate; or

(3) sell or distribute certified nursery stock to an uncertified nursery stock dealer who
is required to be certified or nursery stock grower.

(e) Each application for a certificate must be accompanied by the appropriate certificate
fee under section 18H.07.

(f) Certificates issued by the commissioner deleted text begin must deleted text end new text begin should new text end be prominently displayed to the
public in the place of business where certified nursery stock is sold or distributed.

(g) The commissioner may refuse to issue a certificate for cause.

(h) Each grower or dealer is entitled to one sales location under the certificate of the
grower or dealer. Each additional sales location maintained by the deleted text begin person deleted text end new text begin entity new text end requires
the payment of the full certificate fee deleted text begin for each additional sales outlet deleted text end .

(i) A grower who is also a dealer is certified only as a grower for that specific site.

(j) A certificate is personal to the applicant and may not be transferred. A new certificate
is necessary if the business entity is changed or if the membership of a partnership is changed,
whether or not the business name is changed.

(k) The certificate issued to a dealer or grower applies to the particular premises named
in the certificate. However, if prior approval is obtained from the commissioner, the place
of business may be moved to the other premises or location without an additional certificate
fee.

(l) A collector of nursery stock from the wild is required to obtain a dealer's certificate
from the commissioner and is subject to all the requirements that apply to the inspection of
nursery stock. All collected nursery stock must be labeled as "collected from the wild."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 56.

Minnesota Statutes 2022, section 18H.06, subdivision 2, is amended to read:

Subd. 2.

Occasional sales.

(a) An individual may offer nursery stock for sale and be
exempt from the requirement to obtain a nursery stock certificate if:

(1) the gross sales of all nursery stock in a calendar year do not exceed deleted text begin $2,000 deleted text end new text begin $1,000 new text end ;

(2) all nursery stock sold or distributed by the individual is intended for planting in
Minnesota;

(3) all nursery stock deleted text begin purchased or procured for resale or distribution was grown in
Minnesota and has been certified by the commissioner deleted text end new text begin sold or distributed was grown by
the individual in Minnesota new text end ; and

(4) the individual conducts sales or distributions of nursery stock on ten or fewer days
in a calendar year.

deleted text begin (b) A municipality may offer certified nursery stock for sale and be exempt from the
requirement to obtain a nursery stock certificate if:
deleted text end

deleted text begin (1) all nursery stock offered for sale or distributed is intended for planting by residents
of the municipality on public property or public easements within the municipal boundary;
deleted text end

deleted text begin (2) all nursery stock purchased or procured for resale or distribution is grown in
Minnesota and has been certified by the commissioner; and
deleted text end

deleted text begin (3) the municipality submits to the commissioner before any sale or distribution of
nursery stock a list of all suppliers who provide the municipality with nursery stock.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The commissioner may prescribe the conditions of the exempt nursery sales under
this subdivision and may conduct routine inspections of the nursery stock offered for sale.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 57.

Minnesota Statutes 2022, section 18H.07, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Waiver of fees. new text end

new text begin (a) A nonprofit organization or an individual may offer for
sale certified nursery stock and be exempt from the requirement to pay certificate fees if
the nonprofit organization or individual:
new text end

new text begin (1) sells or distributes certified nursery stock on ten or fewer days in a calendar year;
new text end

new text begin (2) uses the proceeds from certified nursery stock sales or distributions for nonprofit
purposes; and
new text end

new text begin (3) obtains a nursery stock certificate.
new text end

new text begin (b) A municipality may offer for sale certified nursery stock and be exempt from the
requirement to pay certificate fees if:
new text end

new text begin (1) all nursery stock offered for sale or distributed is intended for planting by residents
of the municipality on public property or public easements in the municipality;
new text end

new text begin (2) all nursery stock purchased or procured for resale or distribution is grown in
Minnesota and has been certified by the commissioner; and
new text end

new text begin (3) the municipality obtains a live plant dealer certificate.
new text end

new text begin (c) The commissioner may prescribe the conditions of nursery fee waivers and may
conduct routine inspections of nursery stock offered for sale.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 58.

Minnesota Statutes 2022, section 18H.07, subdivision 4, is amended to read:

Subd. 4.

Reinspection; additional or optional inspection fees.

If deleted text begin a reinspection deleted text end new text begin an
irregular inspection new text end is required or an additional inspection is needed or requested new text begin , new text end a fee deleted text begin must deleted text end new text begin
may new text end be assessed based on mileage and inspection time as follows:

(1) mileage must be charged at the current United States Internal Revenue Service
reimbursement rate; and

(2) inspection time must be charged at a rate sufficient to recover all inspection costs,
including the driving time to and from the location in addition to the time spent conducting
the inspection.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 59.

Minnesota Statutes 2022, section 18H.08, subdivision 1, is amended to read:

Subdivision 1.

Services and fees.

The commissioner may make small lot inspections
or perform other necessary services for which another charge is not specified. For these
services new text begin , new text end the commissioner deleted text begin shall deleted text end new text begin may new text end set a fee plus expenses that will recover the cost of
performing this service. The commissioner may set an additional acreage fee for inspection
of seed production fields for exporters in order to meet domestic and foreign plant quarantine
requirements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 60.

Minnesota Statutes 2022, section 18H.09, is amended to read:

18H.09 NURSERY STOCK CERTIFICATION REQUIREMENTS.

(a) All nursery stock growing at sites identified by nursery stock dealers or nursery stock
growers and submitted for inspection must be inspected by the commissioner within the
previous 12 months prior to sale and found apparently free from deleted text begin quarantine and regulated
nonquarantine pests as well as significantly dangerous or potentially damaging deleted text end plant pests.
The commissioner may waive a site inspection under the following conditions:

(1) the nursery stock is not going to be sold within 12 months;

(2) the nursery stock will not be moved out of Minnesota; and

(3) the nursery site or stock is not subject to certification requirements associated with
a state or federally regulated or quarantined plant pest.

All nursery stock originating from out of state and offered for sale in Minnesota must
have been inspected by the appropriate state or federal agency during the previous 12 months
and found free from deleted text begin quarantine and regulated nonquarantine pests as well as deleted text end significantly
dangerous or potentially damaging plant pests. A nursery stock certificate is valid from
January 1 to December 31.

(b) Nursery stock must be accessible to the commissioner for inspection during regular
business hours. Weeds or other growth that hinder a proper inspection are grounds to suspend
or withhold a certificate or require a reinspection new text begin for which a fee may be charged new text end .

(c) Inspection reports issued to growers must contain a list of the plant pests found at
the time of inspection. Withdrawal-from-distribution new text begin or other new text end orders are considered part of
the inspection reports. A withdrawal-from-distribution new text begin or other new text end order must contain a list of
plants withdrawn from distribution and the location of the plants.

(d) The commissioner may deleted text begin post signs to delineate deleted text end new text begin mark new text end sections withdrawn from
distribution new text begin or subject to other special circumstances new text end . These deleted text begin signs deleted text end new text begin marks new text end must remain in
place until the commissioner removes deleted text begin them deleted text end new text begin the marks new text end or grants written permission to the
grower to remove the deleted text begin signs deleted text end new text begin marks new text end .

(e) Inspection reports issued to dealers must outline the violations involved and corrective
actions to be taken including withdrawal-from-distribution orders which would specify
nursery stock that could not be distributed from a certain area.

(f) Optional inspections of plants may be conducted by the commissioner upon request
by any deleted text begin persons deleted text end new text begin entity new text end desiring an inspection. A fee as provided in section 18H.07 must be
charged for such an inspection.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 61.

Minnesota Statutes 2022, section 18H.10, is amended to read:

18H.10 STORAGE OF NURSERY STOCK.

(a) All nursery stock must be kept and displayed under conditions of temperature, light,
and moisture sufficient to maintain the viability and vigor of the nursery stock.

(b) Packaged deleted text begin dormant deleted text end nursery stock must be stored under conditions that retard growth,
prevent etiolated growth, and protect its viability.

(c) Balled and burlapped nursery stock being held for sale deleted text begin to the public deleted text end must be kept in
a moisture-holding material approved by the commissioner and not toxic to plants. The
moisture-holding material must adequately cover and protect the ball of earth and must be
kept moist at all times. The commissioner may approve alternative nursery stock management
practices to maintain the viability of balled and burlapped stock.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 62.

Minnesota Statutes 2022, section 18H.12, is amended to read:

18H.12 DAMAGED, DISEASED, INFESTED, OR MISREPRESENTED STOCK.

(a) No deleted text begin person deleted text end new text begin entity new text end may knowingly offer to distribute, advertise, or display nursery
stock that is infested or infected with deleted text begin quarantine or regulated nonquarantine pests or
significant dangerous or potentially damaging deleted text end plant pests deleted text begin , including noxious weeds deleted text end or
nursery stock that is in a dying condition, desiccated, frozen or damaged by freezing, or
materially damaged in any way.

(b) No deleted text begin person deleted text end new text begin entity new text end may knowingly offer to distribute, advertise, or display nursery
stock that may result in the capacity and tendency or effect of deceiving any purchaser or
prospective purchaser as to the quantity, size, grade, kind, species name, age, variety,
maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth
characteristics, rate of growth, time required before flowering or fruiting, price, origin, place
where grown, or any other material respect.

(c) Upon discovery or notification of damaged, diseased, infested, or misrepresented
stock, the commissioner may place a deleted text begin stop-sale deleted text end new text begin stop sale new text end and new text begin a withdrawal from new text end distribution
order on the material. The order makes it an illegal action to distribute, give away, destroy,
alter, or tamper with the plants.

(d) The commissioner may conspicuously mark all plants, materials, and articles known
or suspected to be infected or infested with deleted text begin quarantine or regulated nonquarantine pests or
significant dangerous or potentially damaging deleted text end plant pests. The commissioner shall notify
the persons, owners, or the tenants in possession of the premises or area in question of the
existence of the plant pests.

(e) If the commissioner determines that this chapter has been violated, the commissioner
may order that the nuisance, infestation, infection, or plant pest be abated by whatever means
necessary, including, but not limited to, destruction, confiscation, treatment, return shipment,
or quarantine.

(f) The plant owner is liable for all costs associated with a stop order or a quarantine,
treatment, or destruction of plants. The commissioner is not liable for any actual or incidental
costs incurred by deleted text begin a person deleted text end new text begin an entity new text end due to authorized actions of the commissioner. The
commissioner must be reimbursed by the owner of plants for actual expenses incurred by
the commissioner in carrying out a stop order.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 63.

Minnesota Statutes 2022, section 18H.13, is amended to read:

18H.13 SHIPMENT OF NURSERY STOCK INTO MINNESOTA.

Subdivision 1.

Identification of origin.

Proof of valid nursery certification and origin
of all nursery stock must accompany deleted text begin the deleted text end new text begin any new text end shipment. It is the shared responsibility of
both the consignee and consignor to examine all shipments for the presence of current and
applicable nursery stock certifications for all plant material from all sources of stock in each
shipment.

Subd. 2.

Reciprocity.

deleted text begin A person deleted text end new text begin An entity new text end residing outside the state may distribute nursery
stock in Minnesota if:

(1) the deleted text begin person deleted text end new text begin entity new text end is duly certified under the nursery laws of the state where the nursery
stock originates and the laws of that state are essentially equivalent to the laws of Minnesota
as determined by the commissioner; and

(2) the deleted text begin person deleted text end new text begin entity new text end complies with this chapter and the rules governing nursery stock
distributed in Minnesota.

Subd. 3.

Reciprocal agreements.

The commissioner may cooperate with and enter into
reciprocal agreements with other states regarding licensing and movement of nursery stock.
Reciprocal agreements with other states do not prevent the commissioner from prohibiting
the distribution in Minnesota of any nursery stock that fails to meet minimum criteria for
nursery stock of Minnesota certified growers, dealers, or both. An official directory of
certified nurseries and related nursery industry businesses from other states is acceptable
in lieu of individual nursery certificates.

Subd. 4.

Foreign nursery stock.

deleted text begin A person deleted text end new text begin An entity new text end receiving a shipment of nursery
stock from a foreign country that has not been inspected and released by the United States
Department of Agriculture at the port of entry must notify the commissioner of the arrival
of the shipment, its contents, and the name of the consignor. The deleted text begin person deleted text end new text begin entity new text end must hold
the shipment unopened until inspected or released by the commissioner.

Subd. 5.

Transportation companies.

deleted text begin A person deleted text end new text begin An entity new text end who acts as the representative
of a transportation company, private carrier, commercial shipper, common carrier, express
parcel carrier, or other transportation entity, and receives, ships, or otherwise distributes a
carload, box, container, or any package of plants, plant materials, or nursery stock, that does
not have all required certificates attached as required or fails to immediately notify the
commissioner is in violation of this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 64.

Minnesota Statutes 2022, section 18H.14, is amended to read:

18H.14 LABELING AND ADVERTISING OF NURSERY STOCK.

(a) Plants, plant materials, or nursery stock must not be labeled or advertised with false
or misleading information including, but not limited to, new text begin the new text end scientific name, variety, place
of origin, new text begin and new text end hardiness zone as defined by the United States Department of Agriculture deleted text begin ,
and growth habit deleted text end .

(b) All nonhardy nursery stock as designated by the commissioner must be labeled
correctly for hardiness or be labeled "nonhardy" in Minnesota.

(c) deleted text begin A person deleted text end new text begin An entity new text end may not offer for distribution plants, plant materials, or nursery
stock, represented by some specific or special form of notation, including, but not limited
to, "free from" or "grown free of," unless the plants are produced under a specific program
approved by the commissioner to address the specific plant properties addressed in the
special notation claim.

(d) Nursery stock collected from the wild state must be inspected and certified prior to
sale and at the time of sale must be labeled "Collected from the Wild." The label must remain
on each plant or clump of plants while it is offered for sale and during the distribution
process. The collected stock may be grown in nursery rows at least two years, after which
the plants may be sold without the labeling required by this paragraph.

(e) deleted text begin A person deleted text end new text begin An entity new text end selling at retail or providing to an end user may not label or
advertise an annual plant, bedding plant, or other plant, plant material, or nursery stock as
beneficial to pollinators if the annual plant, bedding plant, plant material, or nursery stock
has:

(1) been treated with a systemic insecticide that:

(i) has a pollinator protection box on the label; or

(ii) has a pollinator, bee, or honey bee precautionary statement in the environmental
hazards section of the insecticide product label; and

(2) a concentration in its flowers greater than the no observed adverse effect level of a
systemic insecticide.

The commissioner shall enforce this paragraph as provided in chapter 18J.

(f) For the purposes of paragraph (e):

(1) "systemic insecticide" means an insecticide that is both absorbed by the plant and
translocated through the plant's vascular system; and

(2) "no observed adverse effect level" means the level established by the United States
Environmental Protection Agency for acute oral toxicity for adult honeybees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 65.

Minnesota Statutes 2022, section 18H.15, is amended to read:

18H.15 VIOLATIONS.

(a) deleted text begin A person deleted text end new text begin An entity new text end who offers to distribute nursery stock that is uncertified,
uninspected, or falsely labeled or advertised possesses an illegal regulated commodity that
is considered infested or infected with deleted text begin harmful deleted text end plant pests and subject to regulatory action
and control. If the commissioner determines that the provisions of this section have been
violated, the commissioner may order the destruction of all of the plants unless the deleted text begin person deleted text end new text begin
entity new text end :

(1) provides proper phytosanitary preclearance, phytosanitary certification, or nursery
stock certification;

(2) agrees to have the plants, plant materials, or nursery stock returned to the consignor;
and

(3) provides proper documentation, certification, or compliance to support advertising
claims.

(b) The plant owner is liable for all costs associated with a withdrawal-from-distribution
order or the quarantine, treatment, or destruction of plants. The commissioner is not liable
for actual or incidental costs incurred by deleted text begin a person deleted text end new text begin an entity new text end due to the commissioner's actions.
The commissioner must be reimbursed by the owner of the plants for the actual expenses
incurred in carrying out a withdrawal-from-distribution order or the quarantine, treatment,
or destruction of any plants.

(c) It is unlawful for deleted text begin a person deleted text end new text begin an entity new text end to:

(1) misrepresent, falsify, or knowingly distribute, sell, advertise, or display damaged,
mislabeled, misrepresented, infested, or infected nursery stock;

(2) fail to obtain a nursery certificate as required by the commissioner;

(3) fail to renew a nursery certificate, but continue business operations;

deleted text begin (4) fail to display a nursery certificate;
deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end misrepresent or falsify a nursery certificate;

deleted text begin (6) deleted text end new text begin (5) new text end refuse to submit to a nursery inspection;

deleted text begin (7) deleted text end new text begin (6) new text end fail to provide the cooperation necessary to conduct a successful nursery
inspection;

deleted text begin (8) deleted text end new text begin (7) new text end offer for sale uncertified deleted text begin plants, plant materials, or deleted text end nursery stock;

deleted text begin (9) deleted text end new text begin (8) new text end possess an illegal regulated commodity;

deleted text begin (10) deleted text end new text begin (9) new text end violate or disobey a commissioner's order;

deleted text begin (11) deleted text end new text begin (10) new text end violate a quarantine issued by the commissioner;

deleted text begin (12) deleted text end new text begin (11) new text end fail to obtain phytosanitary certification for plant material or nursery stock
brought into Minnesota;

deleted text begin (13) deleted text end new text begin (12) new text end deface, mutilate, or destroy a nursery stock certificate, phytosanitary certificate,
or phytosanitary preclearance certificate, or other commissioner mark, permit, or certificate;

deleted text begin (14) deleted text end new text begin (13) new text end fail to notify the commissioner of an uncertified shipment of deleted text begin plants, plant
materials, or deleted text end nursery stock;

deleted text begin (15) deleted text end new text begin (14) new text end transport uncertified deleted text begin plants, plant materials, or deleted text end nursery stock in Minnesota; or

deleted text begin (16) deleted text end new text begin (15) new text end sell nursery stock to an uncertified nursery stock dealer who is required to be
certified.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 66.

Minnesota Statutes 2022, section 18H.18, is amended to read:

18H.18 CONSERVATION OF CERTAIN WILDFLOWERS.

Subdivision 1.

Restrictions on collecting.

No deleted text begin person deleted text end new text begin entity new text end shall distribute any species
of orchids (Orchidaceae), any gentian (Gentiana), arbutus (Epigaea repens), lilies (Lilium
species), coneflowers (Echinacea species), bloodroot (Sanguinaria canadensis), mayapple
(Podophyllum peltatutum), any species of trillium (Trillium species), or lotus (Nelumbo
lutea), deleted text begin which deleted text end new text begin that new text end have been collected in any manner from any public or private property
without the written permission of the property owner deleted text begin and deleted text end new text begin . Plants intended to be offered for
sale must have the new text end written authorization from the commissioner.

Subd. 2.

Collection without sale.

Wildflower collection from public or private land for
the purpose of transplanting the plants to deleted text begin a person's deleted text end new text begin an entity's new text end private property and not
offering for immediate sale, requires the written permission from the property owner of the
land on which the wildflowers are growing.

Subd. 3.

Collection with intent to sell or distribute wildflowers.

(a) The wildflowers
listed in this section may be offered for immediate sale only if the plants are to be used for
scientific or herbarium purposes.

(b) The wildflowers listed in this section must not be collected and sold commercially
unless the plants are:

(1) growing naturally, collected, and cultivated on the collector's property; or

(2) collected through the process described in subdivision 2 and transplanted and
cultivated on the collector's property new text begin for at least one growing season before the sale new text end .

(c) The collector must obtain a written permit from the commissioner before the plants
may be offered for commercial sale.

new text begin (d) A plant sold commercially must be individually labeled with a department permit
number.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 67.

Minnesota Statutes 2022, section 18J.08, subdivision 1, is amended to read:

Subdivision 1.

Notice of appeal.

(a) After service of an order, a person has deleted text begin 45 deleted text end new text begin 20 new text end days
from receipt of the order to notify the commissioner in writing that the person intends to
contest the order.

(b) If the person fails to notify the commissioner that the person intends to contest the
order, the order is a final order of the commissioner and not subject to further judicial or
administrative review.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 68.

Minnesota Statutes 2022, section 32D.02, subdivision 2, is amended to read:

Subd. 2.

Power and authority.

For the purpose of enforcing this chapter, the
commissioner and the commissioner's assistants, agents, and employees have the power
and authority granted under new text begin chapter 34A and new text end sections 31.02 to 31.171.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 69.

Minnesota Statutes 2022, section 32D.09, subdivision 2, is amended to read:

Subd. 2.

Permitting.

No person shall operate a dairy plant in this state unless the dairy
plant, equipment, and water supply and plumbing system have been first approved by the
commissioner and a permit issued to operate the same. deleted text begin A permit may be revoked by the
commissioner for due cause pursuant to section 34A.06.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 70.

Minnesota Statutes 2022, section 34A.04, subdivision 1, is amended to read:

Subdivision 1.

Enforcement required.

(a) The commissioner shall enforce this chapter
and chapters 28, 28A, 29, 30, 31, 31A, new text begin 32D, new text end and 34. To carry out the enforcement duties
under these chapters, the commissioner may, upon presenting appropriate credentials, during
regular working hours and at other reasonable times, inspect premises subject to the
commissioner's enforcement and licensing authority; require information from persons with
information relevant to an inspection; and inspect and copy relevant papers and records,
including business records.

(b) The commissioner may administer oaths, take and cause to be taken depositions of
witnesses, and issue subpoenas, and may petition the district court in the county in which
the premises is located to compel compliance with subpoenas or to permit an inspection.

(c) Violations of chapters 28, 28A, 29, 30, 31, 31A, new text begin 32D, new text end and 34, or rules adopted under
chapters 28, 28A, 29, 30, 31, 31A, new text begin 32D, new text end and 34, are a violation of this chapter.

(d) Upon the request of the commissioner, county attorneys, sheriffs, and other officers
having authority in the enforcement of the general criminal laws shall take action to the
extent of their authority necessary or proper for the enforcement of this chapter or standards,
stipulations, and agreements of the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 71.

Minnesota Statutes 2022, section 41A.16, subdivision 7, is amended to read:

Subd. 7.

Eligibility for participants after April 1, 2023.

(a) A facility eligible for
payment under this section must source new text begin from Minnesota new text end at least 80 percent deleted text begin raw materials
from Minnesota deleted text end new text begin of the biomass used to produce an advanced biofuel new text end . If a facility is sited
50 miles or less from the state border, deleted text begin raw materials deleted text end new text begin biomass that the facility uses to produce
an advanced biofuel new text end may be sourced from new text begin out of state when at least 80 percent of the biomass
is sourced new text end within a 100-mile radius new text begin of the facility or from Minnesota new text end . deleted text begin Raw materials must
be from agricultural or forestry sources or from solid waste. deleted text end The facility must be located in
Minnesota, must begin production at a specific location after April 1, 2023, and before June
30, 2025, and must not begin operating above 23,750 MMbtu of quarterly new text begin advanced new text end biofuel
production before July 1, 2015. Eligible facilities include existing companies and facilities
that are adding advanced biofuel production capacity, or retrofitting existing capacity, as
well as new companies and facilities. Production of conventional corn ethanol and
conventional biodiesel is not eligible. Eligible advanced biofuel facilities must produce at
least deleted text begin 23,750 deleted text end new text begin 1,500 new text end MMbtu of new text begin advanced new text end biofuel quarterly.

(b) No payments shall be made for advanced biofuel production that occurs after June
30, 2035, for those eligible biofuel producers under paragraph (a).

(c) An eligible producer of advanced biofuel shall not transfer the producer's eligibility
for payments under this section to an advanced biofuel facility at a different location.

(d) A producer that ceases production for any reason is ineligible to receive payments
under this section until the producer resumes production.

(e) Renewable chemical production for which payment has been received under section
41A.17, and biomass thermal production for which payment has been received under section
41A.18, are not eligible for payment under this section.

(f) Biobutanol is eligible under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 72.

Minnesota Statutes 2022, section 41A.17, subdivision 6, is amended to read:

Subd. 6.

Eligibility for participants after April 1, 2023.

(a) A facility eligible for
payment under this program must source new text begin from Minnesota new text end at least 80 percent deleted text begin biobased
content from Minnesota. For the purposes of this subdivision, "biobased content" means a
chemical, polymer, monomer, or plastic that is not sold primarily for use as food, feed, or
fuel and that has a biobased percentage of at least 51 percent as determined by testing
representative samples using American Society for Testing and Materials specification
D6866 deleted text end new text begin of the biomass used to produce a renewable chemical new text end . If a facility is sited 50 miles
or less from the state border, deleted text begin biobased content must deleted text end new text begin biomass that the facility uses to produce
a renewable chemical may new text end be sourced from new text begin out of state when at least 80 percent of the
biomass is sourced from new text end within a 100-mile radius new text begin of the facility or from Minnesota new text end . deleted text begin Biobased
content must be from agricultural or forestry sources or from solid waste. deleted text end The facility must
be located in Minnesota, must begin production at a specific location after April 1, 2023,
and before June 30, 2025, and must not begin production of deleted text begin 750,000 deleted text end new text begin 250,000 new text end pounds or
more of chemicals quarterly before January 1, 2015. Eligible facilities include existing
companies and facilities that are adding production capacity, or retrofitting existing capacity,
as well as new companies and facilities. Eligible renewable chemical facilities must produce
at least deleted text begin 750,000 deleted text end new text begin 250,000 new text end pounds of renewable chemicals quarterly. Renewable chemicals
produced through processes that are fully commercial before January 1, 2000, are not
eligible.

(b) No payments shall be made for renewable chemical production that occurs after June
30, 2035, for those eligible renewable chemical producers under paragraph (a).

(c) An eligible producer of renewable chemicals shall not transfer the producer's eligibility
for payments under this section to a renewable chemical facility at a different location.

(d) A producer that ceases production for any reason is ineligible to receive payments
under this section until the producer resumes production.

(e) Advanced biofuel production for which payment has been received under section
41A.16, and biomass thermal production for which payment has been received under section
41A.18, are not eligible for payment under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 73.

Minnesota Statutes 2022, section 41A.18, subdivision 6, is amended to read:

Subd. 6.

Eligibility for participants after April 1, 2023.

(a) A facility eligible for
payment under this section must source new text begin from Minnesota new text end at least 80 percent deleted text begin raw materials
from Minnesota deleted text end new text begin of the biomass used for biomass thermal production new text end . If a facility is sited
50 miles or less from the state border, deleted text begin raw materials should deleted text end new text begin biomass that the facility uses
for biomass thermal production may new text end be sourced from new text begin out of state when at least 80 percent
of the biomass is sourced from new text end new text begin new text end within a 100-mile radius new text begin of the facility or from Minnesota new text end .
deleted text begin Raw materials deleted text end new text begin Biomass new text end must be from agricultural or forestry sources. The facility must be
located in Minnesota, must have begun production at a specific location after April 1, 2023,
and before June 30, 2025, and must not begin before July 1, 2015. Eligible facilities include
existing companies and facilities that are adding production capacity, or retrofitting existing
capacity, as well as new companies and facilities. Eligible biomass thermal production
facilities must produce at least 250 MMbtu of biomass thermal quarterly.

(b) No payments shall be made for biomass thermal production that occurs after June
30, 2035, for those eligible biomass thermal producers under paragraph (a).

(c) An eligible producer of biomass thermal production shall not transfer the producer's
eligibility for payments under this section to a biomass thermal production facility at a
different location.

(d) A producer that ceases production for any reason is ineligible to receive payments
under this section until the producer resumes production.

(e) Biofuel production for which payment has been received under section 41A.16, and
renewable chemical production for which payment has been received under section 41A.17,
are not eligible for payment under this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 74.

Minnesota Statutes 2022, section 156.001, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Direct supervision. new text end

new text begin "Direct supervision" means:
new text end

new text begin (1) when a supervising veterinarian or licensed veterinary technician is in the immediate
area and within audible or visual range of an animal and the unlicensed veterinary employee
treating the animal;
new text end

new text begin (2) the supervising veterinarian has met the requirements of a veterinarian-client-patient
relationship under section 156.16, subdivision 12; and
new text end

new text begin (3) the supervising veterinarian assumes responsibility for the professional care given
to an animal by a person working under the veterinarian's direction.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 75.

Minnesota Statutes 2022, section 156.001, is amended by adding a subdivision
to read:

new text begin Subd. 7a. new text end

new text begin Licensed veterinary technician. new text end

new text begin "Licensed veterinary technician" means a
person licensed by the board under section 156.077.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 76.

Minnesota Statutes 2022, section 156.001, is amended by adding a subdivision
to read:

new text begin Subd. 10b. new text end

new text begin Remote supervision. new text end

new text begin "Remote supervision" means:
new text end

new text begin (1) a veterinarian is not on the premises but is acquainted with the keeping and care of
an animal by virtue of an examination of the animal or medically appropriate and timely
visits to the premises where the animal is kept;
new text end

new text begin (2) the veterinarian has given written or oral instructions to a licensed veterinary
technician for ongoing care of an animal and is available by telephone or other form of
immediate communication; and
new text end

new text begin (3) the employee treating the animal timely enters into the animal's medical record
documentation of the treatment provided, and the documentation is reviewed by the
veterinarian.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 77.

Minnesota Statutes 2022, section 156.001, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Veterinary technology. new text end

new text begin "Veterinary technology" means the science and
practice of providing professional support to veterinarians, including the direct supervision
of unlicensed veterinary employees. Veterinary technology does not include veterinary
diagnosis, prognosis, surgery, or medication prescription.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 78.

Minnesota Statutes 2022, section 156.07, is amended to read:

156.07 LICENSE RENEWAL.

Persons licensed under this chapter shall conspicuously display their license in their
principal place of business.

Persons now deleted text begin qualified to practice veterinary medicine deleted text end new text begin licensed new text end in this state, or who shall
hereafter be licensed by the Board of Veterinary Medicine deleted text begin to engage in the practice deleted text end new text begin as
veterinarians or veterinary technicians new text end , shall periodically renew their license in a manner
prescribed by the board. The board shall establish license renewal fees and continuing
education requirements. The board may establish, by rule, an inactive license category, at
a lower fee, for licensees not actively engaged in the practice of veterinary medicine new text begin or
veterinary technology new text end within the state of Minnesota. The board may assess a charge for
delinquent payment of a renewal fee.

Any person who is licensed to practice veterinary medicine new text begin or veterinary technology new text end in
this state pursuant to this chapter, shall be entitled to receive a license to continue to practice
upon making application to the board and complying with the terms of this section and rules
of the board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 79.

new text begin [156.0721] INSTITUTIONAL LICENSURE.
new text end

new text begin Subdivision 1. new text end

new text begin Application and eligibility. new text end

new text begin (a) Any person who seeks to practice
veterinary medicine while employed by the University of Minnesota and who is not eligible
for a regular license shall make a written application to the board for an institutional license
using forms provided for that purpose or in a format accepted by the board. The board shall
issue an institutional license to practice veterinary medicine to an applicant who:
new text end

new text begin (1) has obtained the degree of doctor of veterinary medicine or its equivalent from a
nonaccredited college of veterinary medicine. A graduate from an accredited college and
an applicant who has earned ECFVG or PAVE certificates should apply for a regular license
to practice veterinary medicine;
new text end

new text begin (2) has passed the Minnesota Veterinary Jurisprudence Examination;
new text end

new text begin (3) is a person of good moral character, as attested by five notarized reference letters
from adults not related to the applicant, at least two of whom are licensed veterinarians in
the jurisdiction where the applicant is currently practicing or familiar with the applicant's
clinical abilities as evidenced in clinical rotations;
new text end

new text begin (4) has paid the license application fee;
new text end

new text begin (5) provides proof of employment by the University of Minnesota;
new text end

new text begin (6) certifies that the applicant understands and agrees that the institutional license is
valid only for the practice of veterinary medicine associated with the applicant's employment
as a faculty member, intern, resident, or locum of the University of Minnesota College of
Veterinary Medicine or other unit of the University of Minnesota;
new text end

new text begin (7) provides proof of graduation from a veterinary college;
new text end

new text begin (8) completed a criminal background check as defined in section 214.075; and
new text end

new text begin (9) provides other information and proof as the board may require by rules and
regulations.
new text end

new text begin (b) The University of Minnesota may submit the applications of its employees who seek
an institutional license in a compiled format acceptable to the board, with any license
application fees in a single form of payment.
new text end

new text begin (c) The fee for a license issued under this subdivision is the same as for a regular license
to practice veterinary medicine in the state. License payment and renewal deadlines, late
payment fees, and other license requirements are also the same as for a regular license to
practice veterinary medicine.
new text end

new text begin (d) The University of Minnesota may be responsible for timely payment of renewal fees
and submission of renewal forms.
new text end

new text begin Subd. 2. new text end

new text begin Scope of practice. new text end

new text begin (a) An institutional license holder may practice veterinary
medicine only as related to the license holder's regular function at the University of
Minnesota. A person holding only an institutional license in this state must be remunerated
for the practice of veterinary medicine in the state solely from state, federal, or institutional
funds and not from the patient-owner beneficiary of the license holder's practice efforts.
new text end

new text begin (b) A license issued under this section must be canceled by the board upon receipt of
information from the University of Minnesota that the holder of the license has left or is
otherwise no longer employed at the University of Minnesota in this state.
new text end

new text begin (c) An institutional license holder must abide by all laws governing the practice of
veterinary medicine in the state and is subject to the same disciplinary action as any other
veterinarian licensed in the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 80.

new text begin [156.076] DIRECT SUPERVISION; UNLICENSED VETERINARY
EMPLOYEES.
new text end

new text begin (a) An unlicensed veterinary employee may only administer medication or render
auxiliary or supporting assistance under the direct supervision of a licensed veterinarian or
licensed veterinary technician.
new text end

new text begin (b) This section does not prohibit:
new text end

new text begin (1) the performance of generalized nursing tasks ordered by the veterinarian and
performed by an unlicensed employee on inpatient animals during the hours when a
veterinarian is not on the premises; or
new text end

new text begin (2) under emergency conditions, an unlicensed employee from rendering lifesaving aid
and treatment to an animal in the absence of a veterinarian if the animal is in a life-threatening
condition and requires immediate treatment to sustain life or prevent further injury.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 81.

new text begin [156.077] LICENSED VETERINARY TECHNICIANS.
new text end

new text begin Subdivision 1. new text end

new text begin Licensure; practice. new text end

new text begin (a) The board shall issue a license to practice as a
veterinary technician to an applicant who satisfies the requirements in this section and those
imposed by the board in rule. A licensed veterinary technician may practice veterinary
technology. A person may not use the title "veterinary technician" or the abbreviation "LVT"
unless licensed by the board.
new text end

new text begin (b) The board may adopt by rule additional licensure requirements or definitions for
veterinary technician titles.
new text end

new text begin Subd. 2. new text end

new text begin Applicants; qualifications. new text end

new text begin Application for a license to practice veterinary
technology in this state shall be made to the board on a form furnished by the board and
accompanied by evidence satisfactory to the board that the applicant is at least 18 years of
age, is of good moral character, and has met the following requirements:
new text end

new text begin (1) graduated from a veterinary technology program accredited or approved by the
American Veterinary Medical Association or Canadian Veterinary Medical Association;
new text end

new text begin (2) received a passing score for the Veterinary Technician National Examination;
new text end

new text begin (3) received a passing score for the Minnesota Veterinary Technician Jurisprudence
Examination; and
new text end

new text begin (4) completed a criminal background check.
new text end

new text begin Subd. 3. new text end

new text begin Required with application. new text end

new text begin A completed application must contain the following
information and material:
new text end

new text begin (1) the application fee set by the board, which is not refundable if permission to take the
jurisprudence examination is denied for good cause;
new text end

new text begin (2) proof of graduation from a veterinary technology program accredited or approved
by the American Veterinary Medical Association or Canadian Veterinary Medical
Association;
new text end

new text begin (3) affidavits from at least two licensed veterinarians and three adults who are not related
to the applicant that establish how long, when, and under what circumstances the references
have known the applicant and any other facts that may enable the board to determine the
applicant's qualifications; and
new text end

new text begin (4) if the applicant has served in the armed forces, a copy of the applicant's discharge
papers.
new text end

new text begin Subd. 4. new text end

new text begin Temporary alternative qualifications. new text end

new text begin (a) The board shall consider an
application for licensure submitted by a person before July 1, 2030, if the person provides
evidence satisfactory to the board that the person:
new text end

new text begin (1) is a certified veterinary technician in good standing with the Minnesota Veterinary
Medical Association; or
new text end

new text begin (2) has at least 4,160 hours actively engaged in the practice of veterinary technology
within the previous five years.
new text end

new text begin (b) Each applicant under this subdivision must also submit to the board affidavits from
at least two licensed veterinarians and three adults who are not related to the applicant that
establish how long, when, and under what circumstances the references have known the
applicant and any other facts that may enable the board to determine the applicant's
qualifications.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 82.

new text begin [156.078] NONRESIDENTS; LICENSED VETERINARY TECHNICIANS.
new text end

new text begin A credentialed veterinary technician duly admitted to practice in any state,
commonwealth, territory, or district of the United States or province of Canada that desires
permission to practice veterinary technology in this state shall submit an application to the
board on a form furnished by the board. The board shall review an application for transfer
if the applicant submits:
new text end

new text begin (1) a copy of a diploma from an accredited or approved college of veterinary technology
or certification from the dean, registrar, or secretary of an accredited or approved college
of veterinary technology or a certificate of satisfactory completion of the PAVE program;
new text end

new text begin (2) if requesting waiver of examination, evidence of meeting licensure requirements in
the state of the applicant's original licensure;
new text end

new text begin (3) affidavits of two licensed practicing doctors of veterinary medicine or veterinary
technicians residing in the United States or Canadian licensing jurisdiction in which the
applicant is or was most recently practicing, attesting that they are well acquainted with the
applicant, that the applicant is a person of good moral character, and that the applicant has
been actively engaged in practicing or teaching in such jurisdiction;
new text end

new text begin (4) a certificate from the agency that regulates the conduct of practice of veterinary
technology in the jurisdiction in which the applicant is or was most recently practicing,
stating that the applicant is in good standing and is not the subject of disciplinary action or
pending disciplinary action;
new text end

new text begin (5) a certificate from all other jurisdictions in which the applicant holds a currently active
license or held a license within the past ten years, stating that the applicant is and was in
good standing and has not been subject to disciplinary action;
new text end

new text begin (6) in lieu of the certificates in clauses (4) and (5), certification from the Veterinary
Information Verification Agency that the applicant's licensure is in good standing;
new text end

new text begin (7) a fee as set by the board in form of check or money order payable to the board, no
part of which shall be refunded should the application be denied;
new text end

new text begin (8) score reports on previously taken national examinations in veterinary technology,
certified by the Veterinary Information Verification Agency or evidence of employment as
a veterinary technician for at least three years;
new text end

new text begin (9) proof that the applicant received a passing score for the Minnesota Veterinary
Technician Jurisprudence Examination; and
new text end

new text begin (10) proof of a completed criminal background check.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2025.
new text end

Sec. 83.

Minnesota Statutes 2022, section 156.12, subdivision 2, is amended to read:

Subd. 2.

Authorized activities.

No provision of this chapter shall be construed to prohibit:

(a) a person from rendering necessary gratuitous assistance in the treatment of any animal
when the assistance does not amount to prescribing, testing for, or diagnosing, operating,
or vaccinating and when the attendance of a licensed veterinarian cannot be procured;

(b) a person who is a regular student in an accredited or approved college of veterinary
medicine from performing duties or actions assigned by instructors or preceptors or working
under the direct supervision of a licensed veterinarian;

(c) a veterinarian regularly licensed in another jurisdiction from consulting with a licensed
veterinarian in this state;

(d) the owner of an animal and the owner's regular employee from caring for and
administering to the animal belonging to the owner, except where the ownership of the
animal was transferred for purposes of circumventing this chapter;

(e) veterinarians who are in compliance with deleted text begin subdivision 6 deleted text end new text begin section 156.0721 new text end and who
are employed by the University of Minnesota from performing their duties with the College
of Veterinary Medicine deleted text begin , College of Agriculture, deleted text end new text begin ; Veterinary Diagnostic Laboratory; new text end
Agricultural Experiment Station deleted text begin , deleted text end new text begin ; new text end Agricultural Extension Service deleted text begin , deleted text end new text begin ; new text end Medical School deleted text begin , deleted text end new text begin ; new text end School
of Public Health deleted text begin , deleted text end new text begin ; School of Nursing; new text end or other unit within the university; or a person from
lecturing or giving instructions or demonstrations at the university or in connection with a
continuing education course or seminar to veterinarians deleted text begin or pathologists at the University of
Minnesota Veterinary Diagnostic Laboratory deleted text end ;

(f) any person from selling or applying any pesticide, insecticide or herbicide;

(g) any person from engaging in bona fide scientific research or investigations which
reasonably requires experimentation involving animals;

(h) any employee of a licensed veterinarian from performing duties other than diagnosis,
prescription or surgical correction under the direction and supervision of the veterinarian,
who shall be responsible for the performance of the employee;

(i) a graduate of a foreign college of veterinary medicine from working under the direct
personal instruction, control, or supervision of a veterinarian faculty member of the College
of Veterinary Medicine, University of Minnesota in order to complete the requirements
necessary to obtain an ECFVG or PAVE certificate;

(j) a licensed chiropractor registered under section 148.01, subdivision 1a, from practicing
animal chiropractic; or

(k) a person certified by the Emergency Medical Services Regulatory Board under
chapter 144E from providing emergency medical care to a police dog wounded in the line
of duty.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 84.

Minnesota Statutes 2022, section 156.12, subdivision 4, is amended to read:

Subd. 4.

Titles.

It is unlawful for a person who has not received a professional degree
from an accredited or approved college of veterinary medicine, deleted text begin or deleted text end ECFVG or PAVE
certification, new text begin or an institutional license under section 156.0721 new text end to use any of the following
titles or designations: Veterinary, veterinarian, animal doctor, animal surgeon, animal dentist,
animal chiropractor, animal acupuncturist, or any other title, designation, word, letter,
abbreviation, sign, card, or device tending to indicate that the person is qualified to practice
veterinary medicine.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 85. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 156.12, subdivision 6, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2022, sections 32D.24; 32D.25; 32D.26; 32D.27; and 32D.28, new text end new text begin
are repealed.
new text end

new text begin (c) new text end new text begin Minnesota Statutes 2022, sections 17.984; and 32D.03, subdivision 5, new text end new text begin are repealed.
new text end

new text begin (d) new text end new text begin Minnesota Statutes 2022, sections 18G.02, subdivisions 12, 17, 21, 25, and 29;
18H.02, subdivisions 10, 12a, 29, 31, 32a, and 34; and 18H.06, subdivision 1, new text end new text begin are repealed.
new text end

new text begin (e) new text end new text begin Minnesota Statutes 2022, sections 18F.02, subdivisions 2 and 9; and 18F.12, new text end new text begin are
repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: S2128-1

No active language found for: 17.984

18F.02 DEFINITIONS.

No active language found for: 18F.02.2

No active language found for: 18F.02.9

No active language found for: 18F.12

18G.02 DEFINITIONS.

No active language found for: 18G.02.12

No active language found for: 18G.02.17

No active language found for: 18G.02.21

No active language found for: 18G.02.25

No active language found for: 18G.02.29

18H.02 DEFINITIONS.

No active language found for: 18H.02.10

No active language found for: 18H.02.12a

No active language found for: 18H.02.29

No active language found for: 18H.02.31

No active language found for: 18H.02.32a

No active language found for: 18H.02.34

18H.06 EXEMPT NURSERY SALES.

No active language found for: 18H.06.1

32D.03 BULK MILK HAULER AND SAMPLER LICENSE.

No active language found for: 32D.03.5

No active language found for: 32D.24

No active language found for: 32D.25

No active language found for: 32D.26

No active language found for: 32D.27

No active language found for: 32D.28

156.12 PRACTICE OF VETERINARY MEDICINE.

Subd. 6.

Faculty licensure.

(a) Veterinary Medical Center clinicians at the College of Veterinary Medicine, University of Minnesota, who are engaged in the practice of veterinary medicine as defined in subdivision 1 and who treat animals owned by clients of the Veterinary Medical Center must possess the same license required by other veterinary practitioners in the state of Minnesota except for persons covered by paragraphs (b) and (c).

(b) A specialty practitioner in a hard-to-fill faculty position who has been employed at the College of Veterinary Medicine, University of Minnesota, for five years or more prior to 2003 or is specialty board certified by the American Veterinary Medical Association or the European Board of Veterinary Specialization may be granted a specialty faculty Veterinary Medical Center clinician license which will allow the licensee to practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's training and only within the scope of employment at the Veterinary Medical Center.

(c) A specialty practitioner in a hard-to-fill faculty position at the College of Veterinary Medicine, University of Minnesota, who has graduated from a board-approved foreign veterinary school may be granted a temporary faculty Veterinary Medical Center clinician license. The temporary faculty Veterinary Medical Center clinician license expires in two years and allows the licensee to practice veterinary medicine as defined in subdivision 1 and treat animals owned by clients of the Veterinary Medical Center. The temporary faculty Veterinary Medical Center clinician license allows the licensee to practice veterinary medicine in the state of Minnesota in the specialty area of the licensee's training and only within the scope of employment at the Veterinary Medical Center while under the direct supervision of a veterinarian currently licensed and actively practicing veterinary medicine in Minnesota, as defined in section 156.04. The direct supervising veterinarian must not have any current or past conditions, restrictions, or probationary status imposed on the veterinarian's license by the board within the past five years. The holder of a temporary faculty Veterinary Medical Center clinician license who is enrolled in a PhD program may apply for up to two additional consecutive two-year extensions of an expiring temporary faculty Veterinary Medical Center clinician license. Any other holder of a temporary faculty Veterinary Medical Center clinician license may apply for one two-year extension of the expiring temporary faculty Veterinary Medical Center clinician license. Temporary faculty Veterinary Medical Center clinician licenses that are allowed to expire may not be renewed. The board shall grant an extension to a licensee who demonstrates suitable progress toward completing the requirements of their academic program, specialty board certification, or full licensure in Minnesota by a graduate of a foreign veterinary college.

(d) Temporary and specialty faculty Veterinary Medical Center clinician licensees must abide by all the laws governing the practice of veterinary medicine in the state of Minnesota and are subject to the same disciplinary action as any other veterinarian licensed in the state of Minnesota.

(e) The fee for a license issued under this subdivision is the same as for a regular license to practice veterinary medicine in Minnesota. License payment deadlines, late payment fees, and other license requirements are also the same as for regular licenses.