HF 1587

2nd Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/20/2023 06:45pm

A bill for an act
relating to agriculture; modifying restricted species provisions; prohibiting certain
provisions in carbon storage contracts; prohibiting false labeling of certain
pesticide-treated plants as pollinator friendly; modifying genetically engineered
organisms provisions; modifying nursery and plant protection provisions; modifying
provisions regulating the dairy industry; modifying control and eradication of
nonnative Phragmites; amending Minnesota Statutes 2022, sections 17.457; 17.710;
17.983, subdivision 1; 18.78, subdivision 2; 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;
32D.02, subdivision 2; 32D.09, subdivision 2; 34A.04, subdivision 1; 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.

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.

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

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.

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.

Sec. 5.

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.

Sec. 6.

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

Sec. 7.

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

Sec. 8.

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) or an agency in the Coordinated Framework has determined that
the organism is exempt from regulation. 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 . Each release of a genetically engineered agriculturally
related organism requires a new permit until the deleted text begin commissioner deleted text end new text begin USDA or the EPA new text end determines
deleted text begin by rule deleted text end that the proposed use of the new text begin genetically engineered new text end agriculturally related organism
is no longer subject to regulation deleted text begin under this chapter 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.
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

Sec. 9.

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 .

Sec. 10.

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.

Sec. 11.

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.

Sec. 12.

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

Sec. 13.

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.

Sec. 14.

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.

Sec. 15.

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.

Sec. 16.

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, or
unincorporated organization new text begin , or sole proprietorship new text end ; the state; a state agency; or a political
subdivision.

Sec. 17.

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.

Sec. 18.

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.

Sec. 19.

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 .

Sec. 20.

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.

Sec. 21.

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.

Sec. 22.

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.

Sec. 23.

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.

Sec. 24.

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.

Sec. 25.

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.

Sec. 26.

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.

Sec. 27.

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.

Sec. 28.

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.

Sec. 29.

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.

Sec. 30.

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.

Sec. 31.

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 .

Sec. 32.

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 .

Sec. 33.

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.

Sec. 34.

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.

Sec. 35.

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.

Sec. 36.

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 .

Sec. 37.

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 .

Sec. 38.

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.

Sec. 39.

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

Sec. 40.

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.

Sec. 41.

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.

Sec. 42.

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.

Sec. 43.

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.

Sec. 44.

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.

Sec. 45.

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.

Sec. 46.

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.

Sec. 47.

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.

Sec. 48.

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 .

Sec. 49.

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 .

Sec. 50.

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.

Sec. 51.

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

Sec. 52.

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 , deleted text end new text begin ;
new text end

deleted text begin the number of locations to be operated by the applicant and their addresses, and
deleted 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."

Sec. 53.

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.

Sec. 54.

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

Sec. 55.

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.

Sec. 56.

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.

Sec. 57.

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.

Sec. 58.

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.

Sec. 59.

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.

Sec. 60.

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.

Sec. 61.

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 selling at retail or providing to an end user deleted text end new text begin An entity new text end 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 new text begin or leaves new text end greater than the deleted text begin no observed adverse effect
level of a systemic insecticide deleted text end new text begin reference value new text end .

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) deleted text begin "no observed adverse effect level" means the level established by the United States
Environmental Protection Agency for acute oral toxicity for adult honeybees deleted text end new text begin "reference
value" means the most appropriate value determined by the commissioner of agriculture
based on the commissioner's review of pollinator protective reference values published or
approved by the United States Environmental Protection Agency. If a United States
Environmental Protection Agency reference value is not available for a specific systemic
insecticide or is not appropriate for use in Minnesota or for a specific type of plant, plant
material, or nursery stock, the commissioner may consider reference values from other
states, peer-reviewed literature, or other appropriate sources new text end .

Sec. 62.

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.

Sec. 63.

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 listed in this subdivision
that are intended to be offered for sale must have 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 wildflower listed under this section that is sold commercially must be individually
labeled with a department permit number.
new text end

Sec. 64.

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.

Sec. 65.

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

Sec. 66.

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.

Sec. 67. new text begin REPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Genetically engineered organisms. 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

new text begin Subd. 2. new text end

new text begin Plant protection and nurseries. 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 Subd. 3. new text end

new text begin Dairy law. 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

APPENDIX

Repealed Minnesota Statutes: H1587-2

17.984 INVESTIGATION.

Subdivision 1.

Authority.

To carry out the commissioner's enforcement duties under chapter 32D, 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 for reasons related to the commissioner's enforcement and licensing authority; request information from persons with information relevant to an inspection; and inspect relevant papers and records, including business records. The commissioner may issue notices in lieu of citations for minor violations if a notice is in the public interest.

Subd. 2.

Failure to comply.

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.

18F.02 DEFINITIONS.

Subd. 2.

Agency.

"Agency" means the Department of Agriculture.

Subd. 9.

Unreasonable adverse effects on the environment.

"Unreasonable adverse effects on the environment" means an unreasonable risk to humans or the environment, taking into account the environmental costs and benefits of the use of a genetically engineered organism.

18F.12 RULES.

The commissioner shall adopt rules governing the issuance of permits for proposed releases of genetically engineered agriculturally related organisms, experimental genetically engineered pesticides, and genetically engineered fertilizers, genetically engineered soil amendments, and genetically engineered plant amendments. The rules must include a requirement for environmental review subject to the provisions of chapter 116D and rules adopted under it. The rules must also include provisions requiring concurrent permit review for proposed releases that would require more than one permit under this chapter, chapter 18B or 18C.

18G.02 DEFINITIONS.

Subd. 12.

Harmful plant pest.

"Harmful plant pest" means a plant pest that constitutes a significant threat to the agricultural, forest, or horticultural interests of Minnesota or the general environmental quality of the state.

Subd. 17.

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;

(2) the seeds of grasses, cereal grains, vegetable crops, and flowers;

(3) vegetable plants, bulbs, or tubers;

(4) cut flowers, unless stems or other portions are intended for propagation;

(5) annuals; or

(6) Christmas trees.

Subd. 21.

Pest.

"Pest" means any living agent capable of reproducing itself that causes or may potentially cause harm to plants or other biotic organisms.

Subd. 25.

Preclearance.

"Preclearance" means an agreement between quarantine officials of exporting and importing states to pass plants, plant material, or other items through quarantine by allowing the exporting state to inspect the plants preshipment, rather than the importing state inspecting the shipment upon arrival.

Subd. 29.

Regulated nonquarantine pest.

"Regulated nonquarantine pest" means a plant pest that has not been quarantined by state or federal agencies and whose presence in plants or articles may pose an unacceptable risk to nursery stock, other plants, the environment, or human activities.

18H.02 DEFINITIONS.

Subd. 10.

Container-grown.

"Container-grown" means a plant that was produced from a liner or cutting in a container.

Subd. 12a.

Dormant.

"Dormant" means nursery stock without etiolated growth.

Subd. 29.

Public nuisance.

"Public nuisance" means:

(1) a plant, appliance, conveyance, or article that is infested with plant pests that may cause significant damage or harm; or

(2) premises where a plant pest is found.

Subd. 31.

Regulated nonquarantine pest.

"Regulated nonquarantine pest" means a plant pest that has not been quarantined by state or federal agencies and whose presence in plants or articles may pose an unacceptable risk to nursery stock, other plants, the environment, or human activities.

Subd. 32a.

Sod.

"Sod" means the upper portion of soil that contains the roots of grasses and the living grass plants.

Subd. 34.

Tree spade operator.

"Tree spade operator" means a person who uses a tree spade to dig, sell, offer for sale, distribute, or transport certified nursery stock.

18H.06 EXEMPT NURSERY SALES.

Subdivision 1.

Not-for-profit sales.

An organization or individual may offer for sale certified nursery stock and be exempt from the requirement to obtain a nursery stock dealer certificate if sales are conducted by a nonprofit charitable, educational, or religious organization that:

(1) conducts sales or distributions of certified nursery stock on ten or fewer days in a calendar year; and

(2) uses the proceeds from its certified nursery stock sales or distribution for charitable, educational, or religious purposes.

32D.03 BULK MILK HAULER AND SAMPLER LICENSE.

Subd. 5.

Suspension or cancellation.

The commissioner is empowered to conduct enforcement action, suspend, or cancel any bulk milk hauler and sampler license pursuant to section 34A.06.