1.1                          A bill for an act 
  1.2             relating to agriculture; changing the definition of 
  1.3             "eligible person" for purposes of agricultural 
  1.4             chemical response; requiring brand name registration 
  1.5             of certain nonhybrid seeds; amending Minnesota 
  1.6             Statutes 1994, section 18E.02, subdivision 5; 
  1.7             proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 21. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 18E.02, 
  1.11  subdivision 5, is amended to read: 
  1.12     Subd. 5.  [ELIGIBLE PERSON.] "Eligible person" means: 
  1.13     (1) a responsible party or an owner of real property, but 
  1.14  does not include the state, a state agency, a political 
  1.15  subdivision of the state, except as provided in clause (2), the 
  1.16  federal government, or an agency of the federal government; or 
  1.17     (2) the owners of municipal airports at Perham, Madison, 
  1.18  and Hector, Minnesota where a licensed aerial pesticide 
  1.19  applicator has caused an incident through storage, handling, or 
  1.20  distribution operations for agricultural chemicals if (i) the 
  1.21  commissioner has determined that corrective action is necessary 
  1.22  and (ii) the commissioner determines, and the agricultural 
  1.23  chemical response compensation board concurs, that based on an 
  1.24  affirmative showing made by the owner, a responsible party 
  1.25  cannot be identified or the identified responsible party is 
  1.26  unable to comply with an order for corrective action.; or 
  1.27     The commissioner and the agricultural chemical response 
  2.1   compensation board must study and report to the legislative 
  2.2   water commission by January, 1994, the effect on the 
  2.3   agricultural chemical response and reimbursement account of 
  2.4   including other owners of municipal airports as eligible persons 
  2.5   under this chapter. 
  2.6      (3) other persons who are not a responsible party or owner 
  2.7   of real property who voluntarily take corrective action to 
  2.8   incidents in response to a commissioner's request for corrective 
  2.9   action or a corrective action order of the commissioner of 
  2.10  agriculture. 
  2.11     Sec. 2.  [21.901] [BRAND NAME REGISTRATION.] 
  2.12     The owner or originator of a variety of nonhybrid seed that 
  2.13  is to be sold in Minnesota must annually register the variety 
  2.14  with the commissioner if the variety is to be sold only under a 
  2.15  brand name.  The registration must include the brand name and 
  2.16  the variety of seed.  The brand name for a blend or mixture does 
  2.17  not need to be registered. 
  2.18     The fee is $15 for each variety registered for sale by 
  2.19  brand name. 
  2.20     Sec. 3.  [EFFECTIVE DATE.] 
  2.21     Section 2 is effective the day following final enactment.