SF 3109

1st Engrossment - 80th Legislature (1997 - 1998)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to agriculture; certification for manure 
  1.3             testing laboratories; adding requirements for manure 
  1.4             storage structures; defining "animal unit"; requiring 
  1.5             a report on manure applicator training; expanding the 
  1.6             purposes of the value-added agricultural product loan 
  1.7             program; modifying requirements for environmental 
  1.8             review of proposed feedlots; establishing a voluntary 
  1.9             rural dispute resolution procedure; modifying 
  1.10            provisions relative to animal cruelty; providing 
  1.11            alternatives for animal disposal; amending Minnesota 
  1.12            Statutes 1996, sections 18C.141; 35.82, subdivision 2; 
  1.13            41B.046, subdivision 1; 116D.04, subdivision 2a; 
  1.14            343.22, subdivision 1; 343.24, subdivision 1; 343.25; 
  1.15            343.40, subdivision 2; 346.38, subdivisions 4 and 5; 
  1.16            Minnesota Statutes 1997 Supplement, section 116.07, 
  1.17            subdivision 7; Laws 1986, chapter 398, article 1, 
  1.18            section 18, as amended; proposing coding for new law 
  1.19            in Minnesota Statutes, chapter 583; repealing 
  1.20            Minnesota Statutes 1996, sections 41B.046, subdivision 
  1.21            4a; and 343.26. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23                             ARTICLE 1
  1.24                              FEEDLOTS
  1.25     Section 1.  Minnesota Statutes 1996, section 18C.141, is 
  1.26  amended to read: 
  1.27     18C.141 [SOIL AND MANURE TESTING LABORATORY CERTIFICATION.] 
  1.28     Subdivision 1.  [PROGRAM ESTABLISHMENT.] The commissioner 
  1.29  shall establish a program to certify the accuracy of analyses 
  1.30  from soil and manure testing laboratories and promote 
  1.31  standardization of soil and manure testing procedures and 
  1.32  analytical results.  
  1.33     Subd. 2.  [CHECK SAMPLE SYSTEM.] (a) The commissioner shall 
  2.1   institute a system of check samples that requires a laboratory 
  2.2   to be certified to analyze at least four two multiple soil or 
  2.3   manure check samples during the calendar year.  The samples must 
  2.4   be supplied by the commissioner or by a person under contract 
  2.5   with the commissioner to prepare and distribute the samples.  
  2.6      (b) Within 30 days after the laboratory receives check 
  2.7   samples, the laboratory shall report to the commissioner the 
  2.8   results of the analyses for all requested elements or compounds 
  2.9   or for the elements or compounds the laboratory makes an 
  2.10  analytical determination of as a service to others.  
  2.11     (c) The commissioner shall compile analytical data 
  2.12  submitted by laboratories and provide laboratories submitting 
  2.13  samples with a copy of the data without laboratory names or code 
  2.14  numbers. 
  2.15     (d) The commissioner may conduct check samples on 
  2.16  laboratories that are not certified. 
  2.17     Subd. 3.  [ANALYSES REPORTING STANDARDS.] (a) The results 
  2.18  obtained from soil, manure, or plant analysis must be reported 
  2.19  in accordance with standard reporting units established by the 
  2.20  commissioner by rule.  The standard reporting units must conform 
  2.21  as far as practical to uniform standards that are adopted on a 
  2.22  regional or national basis. 
  2.23     (b) If a certified laboratory offers a recommendation, the 
  2.24  University of Minnesota recommendation or that of another land 
  2.25  grant college in a contiguous state must be offered in addition 
  2.26  to other recommendations, and the source of the recommendation 
  2.27  must be identified on the recommendation form.  If relative 
  2.28  levels such as low, medium, or high are presented to classify 
  2.29  the analytical results, the corresponding relative levels based 
  2.30  on the analysis as designated by the University of Minnesota or 
  2.31  the land grant college in a contiguous state must also be 
  2.32  presented. 
  2.33     Subd. 4.  [REVOCATION OF CERTIFICATION.] If the 
  2.34  commissioner determines that analysis being performed by a 
  2.35  laboratory is inaccurate as evidenced by check sample results, 
  2.36  the commissioner may deny, suspend, or revoke certification. 
  3.1      Subd. 5.  [CERTIFICATION FEES.] (a) A laboratory applying 
  3.2   for certification shall pay an application fee of $100 and a 
  3.3   certification fee of $100 before the certification is issued.  
  3.4      (b) Certification is valid for one year and the renewal fee 
  3.5   is $100.  The commissioner shall charge an additional 
  3.6   application fee of $100 if a certified laboratory allows 
  3.7   certification to lapse before applying for renewed certification.
  3.8      (c) The commissioner shall notify a certified lab that its 
  3.9   certification lapses within 30 to 60 days of the date when the 
  3.10  certification lapses. 
  3.11     Subd. 6.  [RULES.] The commissioner shall adopt rules for 
  3.12  the establishment of minimum standards for laboratories, 
  3.13  equipment, procedures, and personnel used in soil and manure 
  3.14  analysis and rules necessary to administer and enforce this 
  3.15  section.  The commissioner shall consult with representatives of 
  3.16  the fertilizer industry, representatives of the laboratories 
  3.17  doing business in this state, and with the University of 
  3.18  Minnesota college of agriculture before proposing rules. 
  3.19     Sec. 2.  Minnesota Statutes 1996, section 41B.046, 
  3.20  subdivision 1, is amended to read: 
  3.21     Subdivision 1.  [DEFINITIONS.] For purposes of this section:
  3.22     (1) "Agricultural commodity" has the meaning given in 
  3.23  section 17.90. 
  3.24     (2) "Agricultural product processing facility" means land, 
  3.25  buildings, structures, fixtures, and improvements located or to 
  3.26  be located in Minnesota and used or operated primarily for the 
  3.27  processing or production of marketable products from 
  3.28  agricultural commodities or agricultural energy resources, 
  3.29  including waste and residues from agricultural commodities, but, 
  3.30  except as provided in subdivision 4a, not including livestock or 
  3.31  livestock products, poultry or poultry products, or wood or wood 
  3.32  products. 
  3.33     (3) "Value-added agricultural product" means a product 
  3.34  derived from agricultural commodities or agricultural energy 
  3.35  resources, including waste and residues from agricultural 
  3.36  commodities, but, except as provided in subdivision 4a, not 
  4.1   including livestock or livestock products, poultry or poultry 
  4.2   products, or wood or wood products, which are processed by an 
  4.3   agricultural product processing facility. 
  4.4      (4) "Agricultural energy resources" means energy products 
  4.5   and resources available on and around agricultural land 
  4.6   including wind, solar, and biomass energy. 
  4.7      (5) "Farm-generated wind energy production facility" means 
  4.8   a wind energy conversion facility for the generation of 
  4.9   electricity and its support structure, base, switch gear, and 
  4.10  associated equipment installed on agricultural land. 
  4.11     Sec. 3.  Minnesota Statutes 1997 Supplement, section 
  4.12  116.07, subdivision 7, is amended to read: 
  4.13     Subd. 7.  [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL 
  4.14  LOT PERMITS.] Any Minnesota county board may, by resolution, 
  4.15  with approval of the pollution control agency, assume 
  4.16  responsibility for processing applications for permits required 
  4.17  by the pollution control agency under this section for livestock 
  4.18  feedlots, poultry lots or other animal lots.  The responsibility 
  4.19  for permit application processing, if assumed by a county, may 
  4.20  be delegated by the county board to any appropriate county 
  4.21  officer or employee.  
  4.22     (a) For the purposes of this subdivision, the term 
  4.23  "processing" includes: 
  4.24     (1) the distribution to applicants of forms provided by the 
  4.25  pollution control agency; 
  4.26     (2) the receipt and examination of completed application 
  4.27  forms, and the certification, in writing, to the pollution 
  4.28  control agency either that the animal lot facility for which a 
  4.29  permit is sought by an applicant will comply with applicable 
  4.30  rules and standards, or, if the facility will not comply, the 
  4.31  respects in which a variance would be required for the issuance 
  4.32  of a permit; and 
  4.33     (3) rendering to applicants, upon request, assistance 
  4.34  necessary for the proper completion of an application. 
  4.35     (b) For the purposes of this subdivision, the term 
  4.36  "processing" may include, at the option of the county board, 
  5.1   issuing, denying, modifying, imposing conditions upon, or 
  5.2   revoking permits pursuant to the provisions of this section or 
  5.3   rules promulgated pursuant to it, subject to review, suspension, 
  5.4   and reversal by the pollution control agency.  The pollution 
  5.5   control agency shall, after written notification, have 15 days 
  5.6   to review, suspend, modify, or reverse the issuance of the 
  5.7   permit.  After this period, the action of the county board is 
  5.8   final, subject to appeal as provided in chapter 14. 
  5.9      (c) For the purpose of administration of rules adopted 
  5.10  under this subdivision, the commissioner and the agency may 
  5.11  provide exceptions for cases where the owner of a feedlot has 
  5.12  specific written plans to close the feedlot within five years.  
  5.13  These exceptions include waiving requirements for major capital 
  5.14  improvements. 
  5.15     (d) For purposes of this subdivision, a discharge caused by 
  5.16  an extraordinary natural event such as a precipitation event of 
  5.17  greater magnitude than the 25-year, 24-hour event, tornado, or 
  5.18  flood in excess of the 100-year flood is not a "direct discharge 
  5.19  of pollutants." 
  5.20     (e) In adopting and enforcing rules under this subdivision, 
  5.21  the commissioner shall cooperate closely with other governmental 
  5.22  agencies. 
  5.23     (f) The pollution control agency shall work with the 
  5.24  Minnesota extension service, the department of agriculture, the 
  5.25  board of water and soil resources, producer groups, local units 
  5.26  of government, as well as with appropriate federal agencies such 
  5.27  as the Soil Natural Resources Conservation Service and the 
  5.28  Agricultural Stabilization and Conservation Service Farm Service 
  5.29  Agency, to notify and educate producers of rules under this 
  5.30  subdivision at the time the rules are being developed and 
  5.31  adopted and at least every two years thereafter. 
  5.32     (g) The pollution control agency shall adopt rules 
  5.33  governing the issuance and denial of permits for livestock 
  5.34  feedlots, poultry lots or other animal lots pursuant to this 
  5.35  section.  A feedlot permit is not required for livestock 
  5.36  feedlots with more than ten but less than 50 animal units; 
  6.1   provided they are not in shoreland areas.  These rules apply 
  6.2   both to permits issued by counties and to permits issued by the 
  6.3   pollution control agency directly.  
  6.4      (h) The pollution control agency shall exercise supervising 
  6.5   authority with respect to the processing of animal lot permit 
  6.6   applications by a county. 
  6.7      (i) After May 17, 1997, any new rules or amendments to 
  6.8   existing rules proposed under the authority granted in this 
  6.9   subdivision, must be submitted to the members of legislative 
  6.10  policy committees with jurisdiction over agriculture and the 
  6.11  environment prior to final adoption.  The rules must not become 
  6.12  effective until 90 days after the proposed rules are submitted 
  6.13  to the members.  
  6.14     (j) Any plans for a manure storage structure must be 
  6.15  prepared or approved by a registered professional engineer or a 
  6.16  United States Department of Agriculture, Natural Resources 
  6.17  Conservation Service employee. 
  6.18     (k) For the purposes of this subdivision, "animal unit"  
  6.19  means a unit of measure used to compare differences in the 
  6.20  production of animal manure that employs as a standard the 
  6.21  amount of manure produced on a regular basis by a slaughter 
  6.22  steer or heifer.  The following equivalents apply: 
  6.23     (1) one mature dairy cow, 1.4 animal units; 
  6.24     (2) one slaughter steer or heifer, 1.0 animal units; 
  6.25     (3) one horse, 1.0 animal units; 
  6.26     (4) one mature breeding swine, 0.4 animal units; 
  6.27     (5) one market swine more than 55 pounds, 0.2 animal units; 
  6.28     (6) one swine less than 55 pounds, 0.03 animal units; 
  6.29     (7) one sheep, 0.1 animal units; 
  6.30     (8) one turkey, 0.018 animal units; 
  6.31     (9) one duck, 0.01 animal units; and 
  6.32     (10) one chicken, 0.005 animal units. 
  6.33     For animals not listed in clauses (1) to (10), the number 
  6.34  of animal units must be calculated as the average weight of the 
  6.35  animal divided by 1,000 pounds. 
  6.36     Sec. 4.  Minnesota Statutes 1996, section 116D.04, 
  7.1   subdivision 2a, is amended to read: 
  7.2      Subd. 2a.  Where there is potential for significant 
  7.3   environmental effects resulting from any major governmental 
  7.4   action, the action shall be preceded by a detailed environmental 
  7.5   impact statement prepared by the responsible governmental unit.  
  7.6   The environmental impact statement shall be an analytical rather 
  7.7   than an encyclopedic document which describes the proposed 
  7.8   action in detail, analyzes its significant environmental 
  7.9   impacts, discusses appropriate alternatives to the proposed 
  7.10  action and their impacts, and explores methods by which adverse 
  7.11  environmental impacts of an action could be mitigated.  The 
  7.12  environmental impact statement shall also analyze those 
  7.13  economic, employment and sociological effects that cannot be 
  7.14  avoided should the action be implemented.  To ensure its use in 
  7.15  the decision making process, the environmental impact statement 
  7.16  shall be prepared as early as practical in the formulation of an 
  7.17  action.  
  7.18     (a) The board shall by rule establish categories of actions 
  7.19  for which environmental impact statements and for which 
  7.20  environmental assessment worksheets shall be prepared as well as 
  7.21  categories of actions for which no environmental review is 
  7.22  required under this section.  Construction of an individual 
  7.23  feedlot facility on a separate site must be considered a 
  7.24  separate action for the purpose of determining whether 
  7.25  environmental review is required for the facility. 
  7.26     (b) The responsible governmental unit shall promptly 
  7.27  publish notice of the completion of an environmental assessment 
  7.28  worksheet in a manner to be determined by the board and shall 
  7.29  provide copies of the environmental assessment worksheet to the 
  7.30  board and its member agencies.  Comments on the need for an 
  7.31  environmental impact statement may be submitted to the 
  7.32  responsible governmental unit during a 30 day period following 
  7.33  publication of the notice that an environmental assessment 
  7.34  worksheet has been completed.  The responsible governmental 
  7.35  unit's decision on the need for an environmental impact 
  7.36  statement shall be based on the environmental assessment 
  8.1   worksheet and the comments received during the comment period, 
  8.2   and shall be made within 15 days after the close of the comment 
  8.3   period.  The board's chair may extend the 15 day period by not 
  8.4   more than 15 additional days upon the request of the responsible 
  8.5   governmental unit.  
  8.6      (c) An environmental assessment worksheet shall also be 
  8.7   prepared for a proposed action whenever material evidence 
  8.8   accompanying a petition by not less than 25 individuals, 
  8.9   submitted before the proposed project has received final 
  8.10  approval by the appropriate governmental units, demonstrates 
  8.11  that, because of the nature or location of a proposed action, 
  8.12  there may be potential for significant environmental effects.  A 
  8.13  petition submitted related to a proposed feedlot facility must 
  8.14  contain signatures of not less than 25 individuals who reside or 
  8.15  own property within a ten-mile radius of the proposed facility.  
  8.16  Petitions requesting the preparation of an environmental 
  8.17  assessment worksheet shall be submitted to the board.  The chair 
  8.18  of the board shall determine the appropriate responsible 
  8.19  governmental unit and forward the petition to it.  A decision on 
  8.20  the need for an environmental assessment worksheet shall be made 
  8.21  by the responsible governmental unit within 15 days after the 
  8.22  petition is received by the responsible governmental unit.  The 
  8.23  board's chair may extend the 15 day period by not more than 15 
  8.24  additional days upon request of the responsible governmental 
  8.25  unit.  
  8.26     (d) The board may, prior to final approval of a proposed 
  8.27  project, require preparation of an environmental assessment 
  8.28  worksheet by a responsible governmental unit selected by the 
  8.29  board for any action where environmental review under this 
  8.30  section has not been specifically provided for by rule or 
  8.31  otherwise initiated.  
  8.32     (e) An early and open process shall be utilized to limit 
  8.33  the scope of the environmental impact statement to a discussion 
  8.34  of those impacts, which, because of the nature or location of 
  8.35  the project, have the potential for significant environmental 
  8.36  effects.  The same process shall be utilized to determine the 
  9.1   form, content and level of detail of the statement as well as 
  9.2   the alternatives which are appropriate for consideration in the 
  9.3   statement.  In addition, the permits which will be required for 
  9.4   the proposed action shall be identified during the scoping 
  9.5   process.  Further, the process shall identify those permits for 
  9.6   which information will be developed concurrently with the 
  9.7   environmental impact statement.  The board shall provide in its 
  9.8   rules for the expeditious completion of the scoping process.  
  9.9   The determinations reached in the process shall be incorporated 
  9.10  into the order requiring the preparation of an environmental 
  9.11  impact statement.  
  9.12     (f) Whenever practical, information needed by a 
  9.13  governmental unit for making final decisions on permits or other 
  9.14  actions required for a proposed project shall be developed in 
  9.15  conjunction with the preparation of an environmental impact 
  9.16  statement.  
  9.17     (g) An environmental impact statement shall be prepared and 
  9.18  its adequacy determined within 280 days after notice of its 
  9.19  preparation unless the time is extended by consent of the 
  9.20  parties or by the governor for good cause.  The responsible 
  9.21  governmental unit shall determine the adequacy of an 
  9.22  environmental impact statement, unless within 60 days after 
  9.23  notice is published that an environmental impact statement will 
  9.24  be prepared, the board chooses to determine the adequacy of an 
  9.25  environmental impact statement.  If an environmental impact 
  9.26  statement is found to be inadequate, the responsible 
  9.27  governmental unit shall have 60 days to prepare an adequate 
  9.28  environmental impact statement. 
  9.29     Sec. 5.  [REPORT ON MANURE APPLICATOR TRAINING AND 
  9.30  CERTIFICATION.] 
  9.31     The commissioner of agriculture shall conduct a study to 
  9.32  assess the need for and feasibility of a program for manure 
  9.33  applicator training and certification.  The study must analyze 
  9.34  and make recommendations regarding funding, program components 
  9.35  of manure applicator training, and likely participants in the 
  9.36  program.  The commissioner must submit a report to the members 
 10.1   of the senate and house policy committees with jurisdiction over 
 10.2   agriculture and the environment by January 20, 1999. 
 10.3      Sec. 6.  [REPEALER.] 
 10.4      (a) Minnesota Statutes 1996, section 41B.046, subdivision 
 10.5   4a, is repealed. 
 10.6      (b) Minnesota Statutes 1997 Supplement, section 116.07, 
 10.7   subdivision 7, clause (j), is repealed the first time any rules 
 10.8   referenced in Minnesota Statutes, section 116.07, subdivision 7, 
 10.9   clause (i), are adopted. 
 10.10                             ARTICLE 2
 10.11                   ALTERNATIVE DISPUTE RESOLUTION
 10.12     Section 1.  [583.311] [VOLUNTARY ALTERNATIVE DISPUTE 
 10.13  RESOLUTION.] 
 10.14     The administrator shall establish procedures and measures 
 10.15  to ensure maximum use of alternative dispute resolution under 
 10.16  this chapter for disputes in rural areas.  Referrals may be 
 10.17  accepted from courts, state agencies, local units of government, 
 10.18  or any party to a dispute involving rural land, regulation, 
 10.19  rural individuals, businesses, or property, or any matter 
 10.20  affecting rural quality of life.  The legislature encourages 
 10.21  state and federal agencies and governmental subdivisions to use 
 10.22  the services provided by the administrator under this chapter 
 10.23  and to cooperate fully when matters under this jurisdiction are 
 10.24  subjected to alternative dispute resolution methods.  The 
 10.25  administrator may set fees for participation in voluntary 
 10.26  procedures to pay all or part of the costs of providing such 
 10.27  services. 
 10.28     Sec. 2.  Laws 1986, chapter 398, article 1, section 18, as 
 10.29  amended by Laws 1987, chapter 292, section 37; Laws 1989, 
 10.30  chapter 350, article 16, section 8; Laws 1990, chapter 525, 
 10.31  section 1; Laws 1991, chapter 208, section 2; Laws 1993, First 
 10.32  Special Session chapter 2, article 6, section 2; Laws 1995, 
 10.33  chapter 212, article 2, section 11; and Laws 1997, chapter 183, 
 10.34  article 3, section 29, is amended to read: 
 10.35     Sec. 18.  [REPEALER.] 
 10.36     Sections 1 to 17 and Minnesota Statutes, section 336.9-501, 
 11.1   subsections (6) and (7), and sections 583.284, 583.285, 583.286, 
 11.2   and 583.305, are repealed on July 1, 1998 1999. 
 11.3                              ARTICLE 3
 11.4                             ANIMAL CARE
 11.5      Section 1.  Minnesota Statutes 1996, section 343.22, 
 11.6   subdivision 1, is amended to read: 
 11.7      Subdivision 1.  [REPORTING.] Any person who has reason to 
 11.8   believe that a violation of this chapter has taken place or is 
 11.9   taking place may apply to any court having jurisdiction over 
 11.10  actions alleging violation of that section for a warrant and for 
 11.11  investigation.  The court shall examine under oath the person so 
 11.12  applying and any witnesses the applicant produces and the court 
 11.13  shall take their affidavits in writing.  The affidavits must set 
 11.14  forth facts tending to establish the grounds for believing a 
 11.15  violation of this chapter has occurred or is occurring, or 
 11.16  probable cause to believe that a violation exists.  If the court 
 11.17  is satisfied of the existence of the grounds of the application, 
 11.18  or that there is probable cause to believe a violation exists, 
 11.19  it shall issue a signed search warrant and order for 
 11.20  investigation to a peace officer in the county.  The order shall 
 11.21  command the officer to proceed promptly to the location of the 
 11.22  alleged violation.  The order may command that a doctor of 
 11.23  veterinary medicine accompany the officer If a warrant is issued 
 11.24  before a judicial hearing, the order must command that a 
 11.25  Minnesota licensed doctor of veterinary medicine must accompany 
 11.26  the officer serving the warrant. 
 11.27     Sec. 2.  Minnesota Statutes 1996, section 343.24, 
 11.28  subdivision 1, is amended to read: 
 11.29     Subdivision 1.  [PENALTY.] Any person who does any of the 
 11.30  following is guilty of a misdemeanor:  (a) Carries or causes to 
 11.31  be carried, any live animals upon any vehicle or otherwise, 
 11.32  without providing suitable racks, cars, crates, or cages in 
 11.33  which the animals can both stand and lie down during 
 11.34  transportation and while awaiting slaughter; (b) Carries or 
 11.35  causes to be carried, upon a vehicle or otherwise, any live 
 11.36  animal having feet or legs tied together, or in any other a 
 12.1   cruel or inhuman manner; (c) Transports or detains livestock in 
 12.2   cars or compartments for more than 28 consecutive hours without 
 12.3   unloading the livestock in a humane manner into properly 
 12.4   equipped pens for rest, water, and feeding for a period of at 
 12.5   least five consecutive hours, unless requested to do so as 
 12.6   provided in subdivision 2, or unless prevented by storm or 
 12.7   unavoidable causes which cannot be anticipated or avoided by the 
 12.8   exercise of due diligence and foresight; or (d) Permits 
 12.9   livestock to be crowded together without sufficient space to 
 12.10  stand, or so as to overlie, crush, wound, or kill each other. 
 12.11     Sec. 3.  Minnesota Statutes 1996, section 343.25, is 
 12.12  amended to read: 
 12.13     343.25 [DOCKING HORSES; PENALTY.] 
 12.14     Except when performed by a licensed veterinarian, a person 
 12.15  who cuts the bony part of a horse's tail for the purpose of 
 12.16  docking it, or who causes or knowingly permits the same to be 
 12.17  done upon premises of which the person is owner, lessee, or 
 12.18  user, or who assists in the cutting is guilty of a misdemeanor.  
 12.19  When a horse is found so cut, upon the premises or in the 
 12.20  custody of any person, and the wound resulting is unhealed, that 
 12.21  fact shall constitute prima facie evidence that the offense was 
 12.22  committed by the person.  All fines resulting from complaint 
 12.23  made by an officer or agent of any society of this state for the 
 12.24  prevention of cruelty to animals for any offense specified in 
 12.25  this section shall be paid to the society whose officer or agent 
 12.26  made the complaint.  
 12.27     Sec. 4.  Minnesota Statutes 1996, section 343.40, 
 12.28  subdivision 2, is amended to read: 
 12.29     Subd. 2.  [BUILDING SPECIFICATIONS.] The shelter shall 
 12.30  include a moistureproof and windproof structure of suitable size 
 12.31  to accommodate the dog and allow retention of body heat.  It 
 12.32  shall be made of durable material with a solid floor raised at 
 12.33  least two inches from the ground and with the entrance covered 
 12.34  by a flexible windproof material or a self-closing swinging 
 12.35  door.  When appropriate for the season of the year and the breed 
 12.36  of dog using the structure, the structure must have a windbreak 
 13.1   at the entrance.  The structure shall be provided with a 
 13.2   sufficient quantity of suitable bedding material consisting of 
 13.3   hay, straw, cedar shavings, blankets, or the equivalent, to 
 13.4   provide insulation and protection against cold and dampness and 
 13.5   promote retention of body heat. 
 13.6      Sec. 5.  Minnesota Statutes 1996, section 346.38, 
 13.7   subdivision 4, is amended to read: 
 13.8      Subd. 4.  [SHELTER.] Equines must be provided a minimum of 
 13.9   free choice protection or constructed shelter from direct rays 
 13.10  of the sun when temperatures exceed 95 degrees Fahrenheit, from 
 13.11  wind, and from freezing precipitation have available natural or 
 13.12  constructed shelter during extreme weather conditions.  Natural 
 13.13  or Constructed shelters must be of sufficient size to provide 
 13.14  the necessary protection.  Constructed shelters must, be 
 13.15  structurally sound, free of injurious matter, maintained in good 
 13.16  repair, and ventilated. 
 13.17     Sec. 6.  Minnesota Statutes 1996, section 346.38, 
 13.18  subdivision 5, is amended to read: 
 13.19     Subd. 5.  [SPACE AND CLEANLINESS REQUIREMENTS.] Constructed 
 13.20  shelters except for tie stalls must provide space for the animal 
 13.21  to roll with a minimum danger of being cast.  Stalls must be 
 13.22  cleaned and kept dry to the extent the animal is not required to 
 13.23  lie or stand in fluids.  Bedding must be provided in all stalls, 
 13.24  kept reasonably clean, and periodically changed.  The nature of 
 13.25  the bedding must not pose a health hazard to the animal. 
 13.26     Sec. 7.  [REPEALER.] 
 13.27     Minnesota Statutes 1996, section 343.26, is repealed. 
 13.28                             ARTICLE 4
 13.29                          ANIMAL DISPOSAL
 13.30     Section 1.  Minnesota Statutes 1996, section 35.82, 
 13.31  subdivision 2, is amended to read: 
 13.32     Subd. 2.  [DISPOSITION OF CARCASSES.] (a) Except as 
 13.33  provided in subdivision 1b and paragraph (d), every person 
 13.34  owning or controlling any domestic animal that has died or been 
 13.35  killed otherwise than by being slaughtered for human or animal 
 13.36  consumption, shall as soon as reasonably possible bury the 
 14.1   carcass at least three feet deep at a depth adequate to prevent 
 14.2   scavenging by other animals in the ground or thoroughly burn it 
 14.3   or dispose of it by another method approved by the board as 
 14.4   being effective for the protection of public health and the 
 14.5   control of livestock diseases.  The board, through its executive 
 14.6   secretary, may issue permits to owners of rendering plants 
 14.7   located in Minnesota which are operated and conducted as 
 14.8   required by law, to transport carcasses of domestic animals and 
 14.9   fowl that have died, or have been killed otherwise than by being 
 14.10  slaughtered for human or animal consumption, over the public 
 14.11  highways to their plants for rendering purposes in accordance 
 14.12  with the rules adopted by the board relative to transportation, 
 14.13  rendering, and other provisions the board considers necessary to 
 14.14  prevent the spread of disease.  The board may issue permits to 
 14.15  owners of rendering plants located in an adjacent state with 
 14.16  which a reciprocal agreement is in effect under subdivision 3. 
 14.17     (b) Carcasses collected by rendering plants under permit 
 14.18  may be used for pet food or mink food if the owner or operator 
 14.19  meets the requirements of subdivision 1b. 
 14.20     (c) An authorized employee or agent of the board may enter 
 14.21  private or public property and inspect the carcass of any 
 14.22  domestic animal that has died or has been killed other than by 
 14.23  being slaughtered for human or animal consumption.  Failure to 
 14.24  dispose of the carcass of any domestic animal within the period 
 14.25  specified by this subdivision is a public nuisance.  The board 
 14.26  may petition the district court of the county in which a carcass 
 14.27  is located for a writ requiring the abatement of the public 
 14.28  nuisance.  A civil action commenced under this paragraph does 
 14.29  not preclude a criminal prosecution under this section.  No 
 14.30  person may sell, offer to sell, give away, or convey along a 
 14.31  public road or on land the person does not own, the carcass of a 
 14.32  domestic animal when the animal died or was killed other than by 
 14.33  being slaughtered for human or animal consumption unless it is 
 14.34  done with a special permit pursuant to this section.  The 
 14.35  carcass or parts of a domestic animal that has died or has been 
 14.36  killed other than by being slaughtered for human or animal 
 15.1   consumption may be transported along a public road for a medical 
 15.2   or scientific purpose if the carcass is enclosed in a leakproof 
 15.3   container to prevent spillage or the dripping of liquid waste.  
 15.4   The board may adopt rules relative to the transportation of the 
 15.5   carcass of any domestic animal for a medical or scientific 
 15.6   purpose.  A carcass on a public thoroughfare may be transported 
 15.7   for burial or other disposition in accordance with this section. 
 15.8      No person who owns or controls diseased animals shall 
 15.9   negligently or willfully permit them to escape from that control 
 15.10  or to run at large. 
 15.11     (d) A sheep producer may compost sheep carcasses owned by 
 15.12  the producer on the producer's land without a permit and is 
 15.13  exempt from compost facility specifications contained in rules 
 15.14  of the board. 
 15.15     (e) A swine producer may dispose of pig carcasses weighing 
 15.16  less than 12 pounds by reducing the carcass to a material of 
 15.17  less than one inch in diameter and introducing the material into 
 15.18  the liquid waste stream of the swine facility. 
 15.19     (f) The board shall develop best management practices for 
 15.20  dead animal disposal and the pollution control agency feedlot 
 15.21  program shall distribute them to livestock producers in the 
 15.22  state.