1.1                          A bill for an act 
  1.2             relating to agriculture; recodifying and clarifying 
  1.3             plant pest, pest control, and seed laws; changing 
  1.4             certain procedures, requirements, and fees; imposing 
  1.5             penalties; appropriating money; amending Minnesota 
  1.6             Statutes 2002, sections 21.81, subdivision 8, by 
  1.7             adding subdivisions; 21.82; 21.83, subdivision 2; 
  1.8             21.84; 21.85, subdivisions 11, 13; 21.86; 21.88; 
  1.9             21.89, subdivisions 2, 4; 21.90, subdivisions 2, 3; 
  1.10            21.901; proposing coding for new law in Minnesota 
  1.11            Statutes, chapter 21; proposing coding for new law as 
  1.12            Minnesota Statutes, chapters 18G; 18H; 18J; repealing 
  1.13            Minnesota Statutes 2002, sections 17.23; 18.012; 
  1.14            18.021; 18.022; 18.0223; 18.0225; 18.0227; 18.0228; 
  1.15            18.0229; 18.023; 18.024; 18.041; 18.051; 18.061; 
  1.16            18.071; 18.081; 18.091; 18.101; 18.111; 18.121; 
  1.17            18.131; 18.141; 18.151; 18.161; 18.331; 18.332; 
  1.18            18.333; 18.334; 18.335; 18.44; 18.45; 18.46; 18.47; 
  1.19            18.48; 18.49; 18.50; 18.51; 18.52; 18.525; 18.53; 
  1.20            18.54; 18.55; 18.56; 18.57; 18.59; 18.60; 18.61; 
  1.21            18.85; 21.85, subdivisions 1, 3, 4, 5, 6, 7, 8, 9; 
  1.22            21.90; Minnesota Rules, part 1510.0281. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24                             ARTICLE 1 
  1.25             PLANT PROTECTION AND EXPORT CERTIFICATION 
  1.26     Section 1.  [18G.01] [PLANT PROTECTION; POWERS OF 
  1.27  COMMISSIONER OF AGRICULTURE.] 
  1.28     (a) This chapter authorizes the commissioner to abate, 
  1.29  suppress, eradicate, prevent, or otherwise regulate the 
  1.30  introduction or establishment of plant pests that threaten 
  1.31  Minnesota's agricultural, forestry, or horticultural interests 
  1.32  or the general ecological quality of the state. 
  1.33     (b) The commissioner may employ entomologists, plant 
  1.34  pathologists, and other qualified employees necessary to 
  2.1   administer and enforce this chapter. 
  2.2      Sec. 2.  [18G.02] [DEFINITIONS.] 
  2.3      Subdivision 1.  [SCOPE.] The definitions in this section 
  2.4   apply to this chapter. 
  2.5      Subd. 2.  [BIOLOGICAL CONTROL AGENT.] "Biological control 
  2.6   agent" means a parasite, predator, pathogen, or competitive 
  2.7   organism intentionally released by humans for the purpose of 
  2.8   biological control with the intent of causing a reduction of a 
  2.9   host or prey population. 
  2.10     Subd. 3.  [CERTIFICATE.] "Certificate" means a document 
  2.11  authorized or prepared by a federal or state regulatory official 
  2.12  that affirms, declares, or verifies that an article, plant, 
  2.13  product, shipment, or other officially regulated item meets 
  2.14  phytosanitary, nursery inspection, pest freedom, plant 
  2.15  registration or certification, or other legal requirements. 
  2.16     Subd. 4.  [CERTIFICATION.] "Certification" means a 
  2.17  regulatory official's act of affirming, declaring, or verifying 
  2.18  compliance with phytosanitary, nursery inspection, pest freedom, 
  2.19  plant registration or certification, or other legal requirements.
  2.20     Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
  2.21  commissioner of agriculture or the commissioner's designated 
  2.22  employee, representative, or agent. 
  2.23     Subd. 6.  [COMPLIANCE AGREEMENT.] "Compliance agreement" 
  2.24  means a written agreement between a person and a regulatory 
  2.25  agency to achieve compliance with regulatory requirements. 
  2.26     Subd. 7.  [CONVEYANCE.] "Conveyance" is a means of 
  2.27  transportation. 
  2.28     Subd. 8.  [DEPARTMENT.] "Department" means the department 
  2.29  of agriculture. 
  2.30     Subd. 9.  [EMERGENCY REGULATION.] "Emergency regulation" 
  2.31  means a regulation placed in effect by the commissioner without 
  2.32  prior public notice in order to take necessary and immediate 
  2.33  regulatory action. 
  2.34     Subd. 10.  [ERADICATION.] "Eradication" means elimination 
  2.35  of a pest from a defined geographic area. 
  2.36     Subd. 11.  [EXOTIC SPECIES.] "Exotic species" means a 
  3.1   species that is not native to the area.  Exotic species also 
  3.2   means a species occurring outside its natural range. 
  3.3      Subd. 12.  [HARMFUL PLANT PEST.] "Harmful plant pest" means 
  3.4   a plant pest that constitutes a significant threat to the 
  3.5   agricultural, forest, or horticultural interests of Minnesota or 
  3.6   the general environmental quality of the state. 
  3.7      Subd. 13.  [INFECTED.] "Infected" means a plant that is: 
  3.8      (1) contaminated with pathogenic microorganisms; 
  3.9      (2) being parasitized; 
  3.10     (3) a host or carrier of an infectious, transmissible, or 
  3.11  contagious pest; or 
  3.12     (4) so exposed to a plant listed in clause (1), (2), or (3) 
  3.13  that one of those conditions can reasonably be expected to exist 
  3.14  and the plant may also pose a risk of contamination to other 
  3.15  plants or the environment. 
  3.16     Subd. 14.  [INFESTED.] "Infested" means a plant has been 
  3.17  overrun by plant pests, including weeds. 
  3.18     Subd. 15.  [INVASIVE SPECIES.] "Invasive species" means an 
  3.19  exotic or nonnative species whose introduction and establishment 
  3.20  causes, or may cause, economic or environmental harm or harm to 
  3.21  human health. 
  3.22     Subd. 16.  [MARK.] "Mark" means an official indicator 
  3.23  affixed by the commissioner for purposes of identification or 
  3.24  separation, to, on, around, or near, plants or plant material 
  3.25  known or suspected to be infected with a plant pest.  This 
  3.26  includes, but is not limited to, paint, markers, tags, seals, 
  3.27  stickers, tape, ribbons, signs, or placards. 
  3.28     Subd. 17.  [NURSERY STOCK.] "Nursery stock" means a plant 
  3.29  intended for planting or propagation, including, but not limited 
  3.30  to, trees, shrubs, vines, perennials, biennials, grafts, 
  3.31  cuttings, and buds that may be sold for propagation, whether 
  3.32  cultivated or wild, and all viable parts of these plants.  
  3.33  Nursery stock does not include: 
  3.34     (1) field and forage crops; 
  3.35     (2) the seeds of grasses, cereal grains, vegetable crops, 
  3.36  and flowers; 
  4.1      (3) vegetable plants, bulbs, or tubers; 
  4.2      (4) cut flowers, unless stems or other portions are 
  4.3   intended for propagation; 
  4.4      (5) annuals; or 
  4.5      (6) Christmas trees. 
  4.6      Subd. 18.  [OWNER.] "Owner" includes, but is not limited 
  4.7   to, the person with the legal right of possession, 
  4.8   proprietorship of, or responsibility for the property or place 
  4.9   where any of the articles regulated in this chapter are found, 
  4.10  or the person who is in possession of, proprietorship of, or has 
  4.11  responsibility for the regulated articles. 
  4.12     Subd. 19.  [PERMIT.] "Permit" means a document issued by a 
  4.13  regulatory official that allows the movement of any regulated 
  4.14  thing from one location to another in accordance with specified 
  4.15  conditions or requirements and for a specified purpose. 
  4.16     Subd. 20.  [PERSON.] "Person" means an individual, firm, 
  4.17  corporation, partnership, association, trust, joint stock 
  4.18  company, or unincorporated organization, the state, a state 
  4.19  agency, or a political subdivision. 
  4.20     Subd. 21.  [PEST.] "Pest" means any living agent capable of 
  4.21  reproducing itself that causes or may potentially cause harm to 
  4.22  plants or other biotic organisms. 
  4.23     Subd. 22.  [PHYTOSANITARY CERTIFICATE OR EXPORT 
  4.24  CERTIFICATE.] "Phytosanitary certificate" or "export certificate"
  4.25  means a document authorized or prepared by a duly authorized 
  4.26  federal or state official that affirms, declares, or verifies 
  4.27  that an article, nursery stock, plant, plant product, shipment, 
  4.28  or any other officially regulated article meets applicable, 
  4.29  legally established, plant pest regulations, including this 
  4.30  chapter. 
  4.31     Subd. 23.  [PLANT.] "Plant" means a plant, plant product, 
  4.32  plant part, or reproductive or propagative part of a plant, 
  4.33  plant product, or plant part, including all growing media, 
  4.34  packing material, or containers associated with the plants, 
  4.35  plant parts, or plant products. 
  4.36     Subd. 24.  [PLANT PEST.] "Plant pest" includes, but is not 
  5.1   limited to, an invasive species or any pest of plants, 
  5.2   agricultural commodities, horticultural products, nursery stock, 
  5.3   or noncultivated plants by organisms such as insects, snails, 
  5.4   nematodes, fungi, viruses, bacterium, microorganisms, 
  5.5   mycoplasma-like organisms, weeds, plants, and parasitic plants. 
  5.6      Subd. 25.  [PRECLEARANCE.] "Preclearance" means an 
  5.7   agreement between quarantine officials of exporting and 
  5.8   importing states to pass plants, plant material, or other items 
  5.9   through quarantine by allowing the exporting state to inspect 
  5.10  the plants preshipment, rather than the importing state 
  5.11  inspecting the shipment upon arrival. 
  5.12     Subd. 26.  [PUBLIC NUISANCE.] "Public nuisance" means: 
  5.13     (1) a plant, appliance, conveyance, or article that is 
  5.14  infested with plant pests that may cause significant damage or 
  5.15  harm; or 
  5.16     (2) premises where a plant pest is found. 
  5.17     Subd. 27.  [QUARANTINE.] "Quarantine" means an enforced 
  5.18  isolation or restriction of free movement of plants, plant 
  5.19  material, animals, animal products, or any article or material 
  5.20  in order to treat, control, or eradicate a plant pest. 
  5.21     Subd. 28.  [REGULATED ARTICLE.] "Regulated article" means 
  5.22  any item, the movement of which is governed by quarantine or 
  5.23  this chapter. 
  5.24     Subd. 29.  [REGULATED NONQUARANTINE PEST.] "Regulated 
  5.25  nonquarantine pest" means a plant pest that has not been 
  5.26  quarantined by state or federal agencies and whose presence in 
  5.27  plants or articles may pose an unacceptable risk to nursery 
  5.28  stock, other plants, the environment, or human activities. 
  5.29     Subd. 30.  [SIGNIFICANT DAMAGE OR HARM.] "Significant 
  5.30  damage" or "harm" means a level of adverse impact that results 
  5.31  in economic damage, injury, or loss that exceeds the cost of 
  5.32  control for a particular crop. 
  5.33     Sec. 3.  [18G.03] [POWERS AND DUTIES OF COMMISSIONER.] 
  5.34     Subdivision 1.  [ENTRY AND INSPECTION.] (a) The 
  5.35  commissioner may enter and inspect a public or private place 
  5.36  that might harbor plant pests and may require that the owner 
  6.1   destroy or treat plant pests, plants, or other material. 
  6.2      (b) If the owner fails to properly comply with a directive 
  6.3   of the commissioner, the commissioner may have any necessary 
  6.4   work done at the owner's expense.  The commissioner shall notify 
  6.5   the owner of the deadline for paying those expenses.  If the 
  6.6   owner does not reimburse the commissioner for an expense within 
  6.7   a time specified by the commissioner, the expense is a charge 
  6.8   upon the county as provided in subdivision 4. 
  6.9      (c) If a dangerous plant pest infestation or infection 
  6.10  threatens plants of an area in the state, the commissioner may 
  6.11  take any measures necessary to eliminate or alleviate the danger.
  6.12     (d) The commissioner may collect fees required by this 
  6.13  chapter. 
  6.14     (e) The commissioner may issue and enforce a written or 
  6.15  printed "stop-sale" order to the owner or custodian of any 
  6.16  plants or articles infested or infected with dangerously 
  6.17  injurious plant pests. 
  6.18     Subd. 2.  [RULES.] The commissioner may adopt rules to 
  6.19  carry out the purposes of this chapter.  
  6.20     Subd. 3.  [QUARANTINE.] The commissioner may impose a 
  6.21  quarantine to restrict or prohibit the transportation or 
  6.22  distribution of plants or other materials capable of carrying 
  6.23  plant pests into or through any part of this state. 
  6.24     Subd. 4.  [COLLECTION OF CHARGES FOR WORK DONE FOR 
  6.25  OWNER.] If the commissioner incurs an expense in conjunction 
  6.26  with carrying out subdivision 1 and is not reimbursed by the 
  6.27  owner of the land, the expense is a legal charge against the 
  6.28  land.  After the expense is incurred, the commissioner shall 
  6.29  file verified and itemized statements of the cost of all 
  6.30  services rendered with the county auditor of the county in which 
  6.31  the land is located.  The county auditor shall place a lien in 
  6.32  favor of the commissioner against the land involved, certified 
  6.33  by the county auditor and collected according to section 429.101.
  6.34     Sec. 4.  [18G.04] [ERADICATION, CONTROL, AND ABATEMENT OF 
  6.35  NUISANCES; ISSUING CONTROL ORDERS.] 
  6.36     Subdivision 1.  [PUBLIC NUISANCE.] Any premises, plant, 
  7.1   appliance, conveyance, or article that is infected or infested 
  7.2   with plant pests that may cause significant damage or harm and 
  7.3   any premises where any plant pest is found is a public nuisance 
  7.4   and must be prosecuted as a public nuisance in all actions and 
  7.5   proceedings.  All legal remedies for the prevention and 
  7.6   abatement of a nuisance apply to a public nuisance under this 
  7.7   section.  It is unlawful for any person to maintain a public 
  7.8   nuisance. 
  7.9      Subd. 2.  [CONTROL ORDER.] In order to prevent the 
  7.10  introduction or spread of harmful or dangerous plant pests, the 
  7.11  commissioner may issue orders for necessary control measures. 
  7.12  These orders may indicate the type of specific control to be 
  7.13  used, the compound or material, the manner or the time of 
  7.14  application, and who is responsible for carrying out the control 
  7.15  order.  Control orders may include directions to control or 
  7.16  abate the plant pest to an acceptable level; eradicate the plant 
  7.17  pest; restrict the movement of the plant pest or any material, 
  7.18  article, appliance, plant, or means of conveyance suspected to 
  7.19  be carrying the plant pest; or destroy plants or plant products 
  7.20  infested or infected with a plant pest.  Material suspected of 
  7.21  being infested or infected with a plant pest may be confiscated 
  7.22  by the commissioner. 
  7.23     Sec. 5.  [18G.05] [DISCOVERY OF PLANT PESTS; OFFICIAL 
  7.24  MARKING OF INFESTED OR INFECTED ARTICLES.] 
  7.25     Upon knowledge of the existence of a dangerous or injurious 
  7.26  plant pest or invasive species within the state, the 
  7.27  commissioner may conspicuously mark all plants, infested areas, 
  7.28  materials, and articles known or suspected to be infected or 
  7.29  infested with the plant pest or invasive species.  Persons, 
  7.30  owners, or the tenants in possession of the premises or area in 
  7.31  which the existence of the plant pest or invasive species is 
  7.32  suspected must be notified by the commissioner with prescribed 
  7.33  control measures.  A person must comply with the commissioner's 
  7.34  control order within the prescribed time.  If the commissioner 
  7.35  determines that satisfactory control or mitigation of the pest 
  7.36  has been achieved, the order must be released. 
  8.1      Sec. 6.  [18G.06] [ESTABLISHMENT OF QUARANTINE 
  8.2   RESTRICTIONS.] 
  8.3      Subdivision 1.  [SCOPE.] The commissioner may impose a 
  8.4   quarantine restricting or regulating the production, movement, 
  8.5   or existence of plants, plant products, agricultural 
  8.6   commodities, crop seed, farm products, or other articles or 
  8.7   materials in order that the introduction or spread of a plant 
  8.8   pest may be prevented or limited or an existing plant pest may 
  8.9   be controlled or eradicated. 
  8.10     Subd. 2.  [QUARANTINE NOTICE.] (a) Stop-Sale Notice or 
  8.11  Distribution Order.  The commissioner may issue orders to take 
  8.12  prompt regulatory action in plant pest emergencies on regulated 
  8.13  articles.  If continuing quarantine action is required, a formal 
  8.14  quarantine may be imposed.  Orders may be issued to retain 
  8.15  necessary quarantine action on a few properties if eradication 
  8.16  treatments have been applied and continuing quarantine action is 
  8.17  no longer necessary for the majority of the regulated area. 
  8.18     (b) Emergency Regulation or Quarantine.  The commissioner 
  8.19  may place an emergency regulation or quarantine in effect 
  8.20  without prior public notice in order to take immediate 
  8.21  regulatory action to prevent the introduction or establishment 
  8.22  of a plant pest. 
  8.23     (c) Federal Quarantine.  The commissioner may enter into 
  8.24  cooperative agreements with the United States Department of 
  8.25  Agriculture and other federal, state, city, or county agencies 
  8.26  to assist in the enforcement of federal quarantines.  The 
  8.27  commissioner may adopt a quarantine or regulation against a pest 
  8.28  or an area not covered by a federal quarantine.  The 
  8.29  commissioner may seize, destroy, or require treatment of 
  8.30  products moved from a federally regulated area if they were not 
  8.31  moved in accordance with the federal quarantine regulations or, 
  8.32  if certified, they were found to be infested with the pest 
  8.33  organism. 
  8.34     (d) State Interior Quarantine (Intrastate).  The 
  8.35  commissioner may impose a quarantine against a plant pest that 
  8.36  is not quarantined in other states to prevent the spread of the 
  9.1   plant pest within this state.  The commissioner may enact a 
  9.2   quarantine against a plant pest of regional or national 
  9.3   significance even when no federal domestic quarantine has been 
  9.4   adopted.  These quarantines regulate intrastate movement between 
  9.5   quarantined and nonquarantined areas of this state.  The 
  9.6   commissioner may enact a parallel state quarantine if there is a 
  9.7   federal quarantine applied to a portion of the state. 
  9.8      (e) State Exterior Quarantine (Interstate).  The 
  9.9   commissioner may impose a state exterior quarantine if the plant 
  9.10  pest is not established in this state but is established in 
  9.11  other states.  State exterior quarantines may be enacted even if 
  9.12  no federal domestic quarantine has been adopted.  The 
  9.13  commissioner may issue control orders at destinations necessary 
  9.14  to prevent the introduction or spread of plant pests. 
  9.15     Subd. 3.  [DESCRIPTION OF REGULATED AREAS.] (a) The 
  9.16  regulated area to be described in a quarantine may involve the 
  9.17  entire state, portions of the state, or certain names and 
  9.18  locations of infested properties. 
  9.19     (b) Regulated quarantine areas may be subdivided into 
  9.20  suppression areas and generally infested areas if it is 
  9.21  desirable to control movement into suppression areas from 
  9.22  generally infested areas. 
  9.23     (c) Quarantine provisions or areas regulated may be amended 
  9.24  by the commissioner through publication of a notice to that 
  9.25  effect in local newspapers or through direct written notice to 
  9.26  affected property owners. 
  9.27     (d) If an infestation in a specific regulated area has been 
  9.28  eliminated to the extent that movement of the regulated articles 
  9.29  no longer present a pest risk, the quarantine in that area may 
  9.30  be removed.  The commissioner may also exempt areas from 
  9.31  specified requirements until eradication has been achieved. 
  9.32     Subd. 4.  [MOVEMENT OF REGULATED ARTICLES.] (a) A regulated 
  9.33  article that is prohibited or is required to be certified and 
  9.34  that comes from an area regulated by a state or federal 
  9.35  quarantine, may be refused entry into this state.  The owner or 
  9.36  carrier of regulated articles that are reportedly originating in 
 10.1   nonregulated areas of a quarantined state must provide proof of 
 10.2   origin of the regulated articles.  An invoice, waybill, or other 
 10.3   shipping document satisfactory to the receiving state regulatory 
 10.4   official is acceptable as proof of origin. 
 10.5      (b) Certificates or permits are required for the movement 
 10.6   of regulated articles from a regulated area to any point outside 
 10.7   the regulated area.  Certificates or permits are not required 
 10.8   for a regulated article originating outside of a regulated area 
 10.9   moving to another nonregulated area or moving through or 
 10.10  reshipped from a regulated area when the point of origin of the 
 10.11  article is clearly indicated on a waybill, bill of lading, 
 10.12  shipper's invoice, or other similar document accompanying the 
 10.13  shipment.  Shipments moving through or being reshipped from a 
 10.14  regulated area must be safeguarded against infestation while 
 10.15  within the regulated area. 
 10.16     Subd. 5.  [PUBLIC NOTIFICATION OF A STATE QUARANTINE OR 
 10.17  EMERGENCY REGULATION.] (a) For pest threats of imminent concern, 
 10.18  the commissioner may declare an emergency quarantine or enact 
 10.19  emergency orders. 
 10.20     (b) If circumstances permit, public notice and a public 
 10.21  hearing must be held to solicit comments regarding the proposed 
 10.22  state quarantine.  If a pest threat is of imminent concern and 
 10.23  there is insufficient time to allow full public comment on the 
 10.24  proposed quarantine, the commissioner may impose an emergency 
 10.25  quarantine until a state quarantine can be implemented. 
 10.26     (c) Upon establishment of a state quarantine, and upon 
 10.27  institution of modifications or repeal, notices must be sent to 
 10.28  the principal parties of interest, including federal and state 
 10.29  authorities, and to organizations representing the public 
 10.30  involved in the restrictive measures. 
 10.31     Subd. 6.  [QUARANTINE REPEAL.] A quarantine may be repealed 
 10.32  when its purpose has been accomplished.  If a quarantine has 
 10.33  attained its objective or if the progress of events has clearly 
 10.34  proved that attainment is not possible by the restrictions 
 10.35  adopted, a quarantine may be modified or repealed. 
 10.36     Sec. 7.  [18G.07] [TREE CARE AND TREE TRIMMING COMPANY 
 11.1   REGISTRY.] 
 11.2      Subdivision 1. [CREATION OF REGISTRY.] The commissioner 
 11.3   shall maintain a list of all persons and companies that provide 
 11.4   tree care or tree trimming services in Minnesota.  All tree care 
 11.5   providers, tree trimmers, and persons who remove trees, limbs, 
 11.6   branches, brush, or shrubs for hire must provide the following 
 11.7   information to the commissioner: 
 11.8      (1) accurate and up-to-date business name, address, and 
 11.9   telephone number; 
 11.10     (2) a complete list of all Minnesota counties in which they 
 11.11  work; and 
 11.12     (3) a complete list of persons in the business who are 
 11.13  certified by the International Society of Arborists. 
 11.14     Subd. 2.  [INFORMATION DISSEMINATION.] The commissioner 
 11.15  shall provide registered tree care companies with information 
 11.16  and data regarding any existing or potential regulated forest 
 11.17  pest infestations within the state. 
 11.18     Sec. 8.  [18G.09] [SHIPMENT OF PLANT PESTS AND BIOLOGICAL 
 11.19  CONTROL AGENTS.] 
 11.20     Shipment, introduction into, or release in Minnesota of a 
 11.21  plant pest, noxious weed, or other organism that may directly or 
 11.22  indirectly affect Minnesota's plant life as a harmful or 
 11.23  dangerous pest, parasite, or predator of other organisms, or any 
 11.24  arthropod, is prohibited, except under permit issued by the 
 11.25  commissioner. 
 11.26     No person may sell, offer for sale, move, convey, 
 11.27  transport, deliver, ship, or offer for shipment, any plant pest, 
 11.28  or biological control agent, without a permit from the United 
 11.29  States Department of Agriculture, Animal and Plant Health 
 11.30  Inspection Service or its state equivalent.  A permit may be 
 11.31  issued only after the commissioner determines that the proposed 
 11.32  shipment or use will not create a hazard to the agricultural, 
 11.33  forest, or horticultural interests of this state or the state's 
 11.34  general environmental quality.  For interstate movement, the 
 11.35  permit must be affixed conspicuously to the exterior of each 
 11.36  shipping container, box, package, or appliance; accompany each 
 12.1   shipping container, box, package, or appliance; or comply with 
 12.2   other directions of the commissioner. 
 12.3      This section does not apply to intrastate shipments of 
 12.4   federal or state approved biological control agents used in this 
 12.5   state for control of plant pests.  Shipping containers must be 
 12.6   escape-proof and the commissioner shall specify labeling and 
 12.7   shipping protocols. 
 12.8      Sec. 9.  [18G.10] [EXPORT CERTIFICATION, INSPECTIONS, 
 12.9   CERTIFICATES, PERMITS, AND FEES.] 
 12.10     Subdivision 1.  [FINDINGS; PURPOSE.] To ensure continued 
 12.11  access to foreign and domestic markets, the commissioner shall 
 12.12  provide inspection and certification services to ensure that 
 12.13  appropriate phytosanitary restrictions or requirements are fully 
 12.14  met. 
 12.15     Subd. 2.  [COOPERATIVE AGREEMENTS.] The commissioner may 
 12.16  enter into cooperative agreements with federal and state 
 12.17  agencies for administration of the export certification 
 12.18  program.  An exporter of plants or plant products desiring to 
 12.19  originate shipments from Minnesota to a foreign country 
 12.20  requiring a phytosanitary certificate or export certificate must 
 12.21  submit an application to the commissioner. 
 12.22     Subd. 3.  [PHYTOSANITARY AND EXPORT 
 12.23  CERTIFICATES.] Application for phytosanitary certificates or 
 12.24  export certificates must be made on forms provided or approved 
 12.25  by the commissioner.  The commissioner shall conduct inspections 
 12.26  of plants, plant products, or facilities for persons that have 
 12.27  applied for or intend to apply for a phytosanitary certificate 
 12.28  or export certificate from the commissioner.  Inspections must 
 12.29  include one or more of the following as requested or required: 
 12.30     (1) an inspection of the plants or plant products intended 
 12.31  for export under a phytosanitary certificate or export 
 12.32  certificate; 
 12.33     (2) field inspections of growing plants to determine 
 12.34  presence or absence of plant diseases, if necessary; 
 12.35     (3) laboratory diagnosis for presence or absence of plant 
 12.36  diseases, if necessary; 
 13.1      (4) observation and evaluation of procedures and facilities 
 13.2   utilized in handling plants and plant products, if necessary; 
 13.3   and 
 13.4      (5) review of United States Department of Agriculture, 
 13.5   Federal Grain Inspection Service Official Export Grain 
 13.6   Inspection Certificate logs. 
 13.7      The commissioner may issue a phytosanitary certificate or 
 13.8   export certificate if the plants or plant products 
 13.9   satisfactorily meet the requirements of the importing foreign 
 13.10  country and the United States Department of Agriculture 
 13.11  requirements.  The requirements of the destination countries 
 13.12  must be met by the applicant. 
 13.13     Subd. 4.  [CERTIFICATE FEES.] The commissioner shall assess 
 13.14  the following fees for the inspection, service, and work 
 13.15  performed in carrying out the issuance of a phytosanitary 
 13.16  certificate or export certificate.  The inspection fee must be 
 13.17  based on mileage and inspection time. 
 13.18     (a) Mileage charge:  current United States Internal Revenue 
 13.19  Service mileage rate. 
 13.20     (b) Inspection time:  $50 per hour minimum or fee necessary 
 13.21  to cover department costs.  Inspection time includes the driving 
 13.22  time to and from the location in addition to the time spent 
 13.23  conducting the inspection. 
 13.24     (c) A fee must be charged for any certificate issued that 
 13.25  requires laboratory analysis before issuance.  The fee must be 
 13.26  deposited into the laboratory account as authorized in section 
 13.27  17.85. 
 13.28     (d) Certificate fee for product value greater than $250.  A 
 13.29  fee of $75 must be assessed for each phytosanitary or export 
 13.30  certificate issued for any single shipment valued at more than 
 13.31  $250 in addition to any mileage or inspection time charges that 
 13.32  are assessed. 
 13.33     (e) Certificate fee for product value less than $250.  A 
 13.34  fee of $25 must be assessed for each phytosanitary or export 
 13.35  certificate issued for any single shipment valued at less than 
 13.36  $250 in addition to any mileage or inspection time charges that 
 14.1   are assessed. 
 14.2      Subd. 5.  [CERTIFICATE DENIAL OR CANCELLATION.] The 
 14.3   commissioner may deny or cancel the issuance of a phytosanitary 
 14.4   or export certificate for any of the following reasons: 
 14.5      (1) failure of the plants or plant products to meet 
 14.6   quarantine, regulations, and requirements imposed by the country 
 14.7   for which the phytosanitary or export certificate is being 
 14.8   requested; 
 14.9      (2) failure to completely or accurately provide the 
 14.10  information requested on the application form; 
 14.11     (3) failure to ship the exact plants or plant products 
 14.12  which were inspected and approved; or 
 14.13     (4) failure to pay any fees or costs due the commissioner. 
 14.14     Subd. 6.  [PLANT PROTECTION INSPECTIONS, CERTIFICATES, 
 14.15  PERMITS, AND FEES.] (a) The commissioner may provide inspection, 
 14.16  sampling, or certification services to ensure that Minnesota 
 14.17  plant products or commodities meet import requirements of other 
 14.18  states or countries. 
 14.19     (b) The state plant regulatory official may issue permits 
 14.20  and certificates verifying that various Minnesota agricultural 
 14.21  products or commodities meet specified phytosanitary 
 14.22  requirements, treatment requirements, or pest absence assurances 
 14.23  based on determinations by the commissioner.  The commissioner 
 14.24  may collect fees sufficient to recover costs for these permits 
 14.25  or certificates.  The fees must be deposited in the nursery and 
 14.26  phytosanitary account. 
 14.27     Sec. 10.  [18G.11] [COOPERATION WITH OTHER JURISDICTIONS.] 
 14.28     The commissioner may enter into cooperative agreements with 
 14.29  organizations, persons, civic groups, governmental agencies, or 
 14.30  other organizations to adopt and execute plans to detect and 
 14.31  control areas infested or infected with harmful plant pests.  
 14.32  The cooperative agreements may include provisions of joint 
 14.33  funding of any control treatment. 
 14.34     If a harmful plant pest infestation or infection occurs and 
 14.35  cannot be adequately controlled by individual persons, owners, 
 14.36  tenants, or local units of government, the commissioner may 
 15.1   conduct the necessary control measures independently or on a 
 15.2   cooperative basis with federal or other units of government. 
 15.3      Sec. 11.  [18G.12] [INVASIVE SPECIES MANAGEMENT AND 
 15.4   INVESTIGATION.] 
 15.5      Subdivision 1.  [PLANT PEST AND INVASIVE SPECIES RESEARCH.] 
 15.6   The commissioner shall conduct research to prevent the 
 15.7   introduction or spread of invasive species and plant pests into 
 15.8   the state and to investigate the feasibility of their control or 
 15.9   eradication. 
 15.10     Subd. 2.  [STATEWIDE PROGRAM.] The commissioner shall 
 15.11  establish a statewide program to prevent the introduction and 
 15.12  spread of harmful plant pest and terrestrial invasive species.  
 15.13  To the extent possible, the program must provide coordination of 
 15.14  efforts among governmental entities and private organizations. 
 15.15     Subd. 3.  [INVASIVE SPECIES MANAGEMENT PLAN.] The 
 15.16  commissioner shall prepare and maintain a long-term terrestrial 
 15.17  invasive species management plan which may include specific 
 15.18  plans for individual species.  The plan must address: 
 15.19     (1) coordination strategies for detection and prevention of 
 15.20  accidental introductions; 
 15.21     (2) methods to disseminate information about harmful 
 15.22  invasive species to the general public and appropriate 
 15.23  agricultural and resource management agencies or organizations; 
 15.24     (3) coordination of control efforts for selected harmful 
 15.25  terrestrial invasive species; and 
 15.26     (4) participation by local units of government and other 
 15.27  state and federal agencies in the development and implementation 
 15.28  of local management efforts. 
 15.29     Subd. 4.  [REGIONAL COOPERATION.] The commissioner shall 
 15.30  seek cooperation with other states and Canadian provinces for 
 15.31  the purposes of management and control of harmful invasive 
 15.32  species. 
 15.33     Subd. 5.  [INVASIVE SPECIES ANNUAL REPORT.] By January 15 
 15.34  of each year, the commissioner shall submit a report on harmful 
 15.35  terrestrial invasive species to the chairs of the legislative 
 15.36  committees having jurisdiction over environmental and 
 16.1   agricultural resource issues.  The report must include: 
 16.2      (1) detailed information on expenditures for 
 16.3   administration, education, management, inspections, surveys, and 
 16.4   research; 
 16.5      (2) an overview of accomplishments achieved during the 
 16.6   prior calendar year; 
 16.7      (3) an analysis of the effectiveness of management 
 16.8   activities; 
 16.9      (4) information related to the participation of other state 
 16.10  and local units of government; 
 16.11     (5) information about shade tree protection efforts and 
 16.12  results; 
 16.13     (6) an assessment of future management needs; and 
 16.14     (7) proposed goals for the coming year. 
 16.15     Sec. 12.  [18G.13] [LOCAL PEST CONTROL.] 
 16.16     Subdivision 1.  [PURPOSE.] The purpose of this section is 
 16.17  to authorize subdivisions of state government to establish and 
 16.18  fund their own programs to control pests that are likely to 
 16.19  cause economic or environmental harm or harm to human health. 
 16.20     Subd. 2.  [CONTROL.] The governing body of any county, 
 16.21  city, or town may appropriate money for the control of native or 
 16.22  exotic pests. 
 16.23     Subd. 3.  [COST.] The governing body of the political 
 16.24  subdivision may levy a tax on the taxable property within the 
 16.25  subdivision to defray the cost of the activities authorized 
 16.26  under subdivision 2. 
 16.27     Subd. 4.  [CERTIFICATES OF INDEBTEDNESS.] To provide funds 
 16.28  for such activities in advance of collection of the tax levies 
 16.29  under subdivision 3, the governing body may, at any time after 
 16.30  the tax has been levied and certified to the county auditor for 
 16.31  collection, issue certificates of indebtedness in anticipation 
 16.32  of the collection and payment of the tax.  The total amount of 
 16.33  the certificates, including principal and interest, must not 
 16.34  exceed 90 percent of the amount of the levy and must be payable 
 16.35  from the proceeds of the levy no later than two years from the 
 16.36  date of issuance.  They must be issued on terms and conditions 
 17.1   determined by the governing body and must be sold as provided in 
 17.2   section 475.60.  If the governing body determines that an 
 17.3   emergency exists, it may make appropriations from the proceeds 
 17.4   of the certificates for authorized purposes without complying 
 17.5   with statutory or charter provisions requiring that expenditures 
 17.6   be based on a prior budget authorization or other budgeting 
 17.7   requirements. 
 17.8      Subd. 5.  [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] The 
 17.9   proceeds of a tax levied under subdivision 3 or an issue of 
 17.10  certificates of indebtedness under subdivision 4 must be 
 17.11  deposited in the municipal treasury in a separate fund and spent 
 17.12  only for purposes authorized by this section.  If no 
 17.13  disbursement is made from the fund for a period of five years, 
 17.14  any money remaining in the fund may be transferred to the 
 17.15  general fund. 
 17.16     Subd. 6.  [PENALTY.] A person who prevents, obstructs, or 
 17.17  interferes with the county authorities or their agents in 
 17.18  carrying out subdivisions 2 to 5, or neglects to comply with the 
 17.19  rules and regulations of the county commissioners adopted under 
 17.20  authority of those subdivisions, is guilty of a misdemeanor. 
 17.21     Subd. 7.  [REGULATIONS; SCOPE.] A city council, board of 
 17.22  county commissioners, or town board may by resolution or 
 17.23  ordinance adopt and enforce regulations to control and prevent 
 17.24  the spread of plant pests and diseases.  The regulations may 
 17.25  authorize appropriate officers and employees to: 
 17.26     (1) enter and inspect any public or private place that 
 17.27  might harbor plant pests; 
 17.28     (2) provide for the summary removal of diseased trees from 
 17.29  public or private places if necessary to prevent the spread of 
 17.30  the disease; 
 17.31     (3) require the owner to destroy or treat plant pests, 
 17.32  diseased or invasive plants, or other infested material; and 
 17.33     (4) provide for the work at the expense of the owner. 
 17.34  The expense must be a lien upon the property and may be 
 17.35  collected as a special assessment as provided by section 429.101 
 17.36  or by charter.  In this subdivision, "private place" means every 
 18.1   place except a private home. 
 18.2      Sec. 13.  [18G.14] [MOSQUITO ABATEMENT.] 
 18.3      Subdivision 1.  [DECLARATION OF POLICY.] The abatement or 
 18.4   suppression of mosquitoes is advisable and necessary for the 
 18.5   maintenance and improvement of the health, welfare, and 
 18.6   prosperity of the people.  Areas where mosquitoes incubate or 
 18.7   hatch are declared to be public nuisances and may be abated 
 18.8   under this section.  Mosquito abatement may be undertaken under 
 18.9   sections 18.041 to 18.161 anywhere in the state by any 
 18.10  governmental unit. 
 18.11     Subd. 2.  [ESTABLISHING LOCAL BOARD.] A governmental unit 
 18.12  may engage in mosquito abatement and establish a mosquito 
 18.13  abatement board upon adoption of a resolution to that effect by 
 18.14  its governing body or upon adoption of a proposal to that effect 
 18.15  by the voters of the governmental unit in the manner provided in 
 18.16  subdivision 3. 
 18.17     Subd. 3.  [PETITION; HEARING; ELECTION.] If a petition 
 18.18  signed by five percent of the property owners or 250 owners, 
 18.19  whichever is less, is presented to a governing body requesting 
 18.20  the governmental unit to engage in mosquito abatement, a public 
 18.21  hearing must be held on the petition by the governing body 
 18.22  within 15 days of presentation of the petition.  If the 
 18.23  governing body does not, within 15 days after the hearing, adopt 
 18.24  a resolution to undertake mosquito abatement, the governing body 
 18.25  must order a vote to be taken at the next regular election or 
 18.26  town meeting on the proposal to undertake mosquito abatement.  
 18.27  The governing body must provide ballots to be used at the 
 18.28  election or meeting.  The ballot must bear the words "Shall the 
 18.29  (governmental unit) of ....... engage in mosquito abatement?"  
 18.30  If the majority of the votes are affirmative, the governing body 
 18.31  must take appropriate action as soon as possible to carry on 
 18.32  mosquito abatement.  A proposal to undertake mosquito abatement 
 18.33  that is rejected by the voters must not be resubmitted to the 
 18.34  voters for two years. 
 18.35     Subd. 4.  [DISCONTINUING PROGRAM.] If a governmental unit 
 18.36  by action of its governing body or voters has chosen to engage 
 19.1   in mosquito abatement, the abatement program may be discontinued 
 19.2   in the following manner: 
 19.3      (1) if the mosquito abatement was originally undertaken by 
 19.4   resolution of the governing body, then by the adoption of a 
 19.5   resolution to that effect by the governing body, or by the 
 19.6   adoption of a proposal to that effect by the voters of the 
 19.7   governmental unit in the manner provided in this subdivision; 
 19.8   and 
 19.9      (2) if the mosquito abatement was originally undertaken by 
 19.10  the adoption of a proposal to that effect by the voters of the 
 19.11  governmental unit, then only by the adoption of a proposal to 
 19.12  that effect by the voters of the governmental unit in the manner 
 19.13  provided in subdivision 5. 
 19.14     Subd. 5.  [PETITION; HEARING; AND ELECTION TO DISCONTINUE.] 
 19.15  If a petition signed by five percent of the property owners or 
 19.16  250 owners, whichever is less, is presented to the governing 
 19.17  body engaged in mosquito abatement requesting it to discontinue 
 19.18  mosquito abatement, a public hearing must be held on the 
 19.19  petition by the governing body within 15 days after presentation 
 19.20  of the petition.  If the governing body does not, within 15 days 
 19.21  after the hearing, adopt a resolution to discontinue mosquito 
 19.22  abatement, the governing body must order a vote to be taken at 
 19.23  the next regular election or town meeting on the proposal to 
 19.24  discontinue mosquito abatement.  The governing body shall 
 19.25  provide ballots to be used at the election or meeting.  The 
 19.26  ballot must bear the words "Shall the (governmental unit) of 
 19.27  ....... discontinue mosquito abatement?"  If a majority of the 
 19.28  votes are affirmative, the governing body must take appropriate 
 19.29  action as soon as possible to discontinue mosquito abatement.  A 
 19.30  proposal to discontinue mosquito abatement that is rejected by 
 19.31  the voters must not be resubmitted to the voters for two years. 
 19.32     Subd. 6.  [ABATEMENT BOARD.] A governing body that has 
 19.33  decided, in the manner required by this section, to engage in 
 19.34  mosquito abatement, shall appoint three persons to serve as 
 19.35  members of a mosquito abatement board with powers specified in 
 19.36  subdivision 8.  Each member of the board holds office at the 
 20.1   pleasure of the governing body and serves without compensation, 
 20.2   except that board members may be reimbursed for actual expenses 
 20.3   incurred in fulfilling board duties. 
 20.4      Subd. 7.  [OFFICERS; MEETINGS.] Immediately after 
 20.5   appointment of the board and at the first meeting in each 
 20.6   succeeding calendar year, the board shall elect a chair, a 
 20.7   secretary, a treasurer, and other necessary officers.  The board 
 20.8   shall provide for the time and place of holding regular meetings 
 20.9   and may establish rules for proceedings.  All meetings of the 
 20.10  board are open to the public.  Two members of the board 
 20.11  constitute a quorum, but one member may adjourn from day to 
 20.12  day.  The board shall keep a written record of its proceedings 
 20.13  and an itemized account of all expenditures and disbursements 
 20.14  and that record and account must be open at all reasonable times 
 20.15  for public inspection. 
 20.16     Subd. 8.  [POWERS OF BOARD.] A mosquito abatement board and 
 20.17  a joint board established under section 18.131 may, either by 
 20.18  board action or through its members, officers, agents, or 
 20.19  employees, as may be appropriate: 
 20.20     (1) enter any property within the governmental unit at 
 20.21  reasonable times to determine whether mosquito breeding exists; 
 20.22     (2) take necessary and proper steps for the abatement of 
 20.23  mosquitoes and other insects and arachnids, such as ticks, 
 20.24  mites, and spiders, as the commissioner may designate; 
 20.25     (3) subject to the paramount control of county and state 
 20.26  authorities, lagoon and clean up any stagnant pool of water and 
 20.27  clean up shores of lakes and streams and other mosquito breeding 
 20.28  places; 
 20.29     (4) spray with insecticides, approved by the commissioner, 
 20.30  areas in the governmental unit found to be breeding places for 
 20.31  mosquitoes or other insects or arachnids designated under clause 
 20.32  (2); 
 20.33     (5) purchase supplies and equipment and employ persons 
 20.34  necessary and proper for mosquito abatement; 
 20.35     (6) accept gifts of money or equipment to be used for 
 20.36  mosquito abatement; and 
 21.1      (7) enter into contracts necessary to accomplish mosquito 
 21.2   abatement. 
 21.3      Subd. 9.  [COOPERATE WITH STATE DEPARTMENTS.] Each mosquito 
 21.4   abatement board and each governmental unit engaged in mosquito 
 21.5   abatement shall cooperate with the University of Minnesota, the 
 21.6   commissioners of agriculture, health, natural resources, and 
 21.7   transportation, and the agricultural experiment station. 
 21.8      Subd. 10.  [TAX LEVY.] An annual tax may be levied for 
 21.9   mosquito abatement purposes on all taxable property in any 
 21.10  governmental unit undertaking mosquito abatement under this 
 21.11  section.  The tax must be certified, levied, and collected in 
 21.12  the same manner as other taxes levied by the governmental unit. 
 21.13     Subd. 11.  [CERTIFICATES OF INDEBTEDNESS.] At any time 
 21.14  after the annual tax levy has been certified to the county 
 21.15  auditor, and not earlier than October 10 in any year, any 
 21.16  governing body may, for the purpose of providing the necessary 
 21.17  funds for mosquito abatement for the succeeding year, by 
 21.18  resolution, issue and sell as many certificates of indebtedness 
 21.19  as may be needed in anticipation of the collection of taxes 
 21.20  levied under subdivision 10.  Certificates must not be issued in 
 21.21  excess of 50 percent of the amount of the tax levy, as spread by 
 21.22  the county auditor, to be collected for mosquito abatement.  No 
 21.23  certificate may be issued to become due and payable later than 
 21.24  December 31 of the year succeeding the year in which the tax 
 21.25  levy was made.  The certificates must not be sold for less than 
 21.26  par and accrued interest, and must not bear a greater rate of 
 21.27  interest than five percent per annum.  Each certificate must 
 21.28  state upon its face that the proceeds of the certificate must be 
 21.29  used for the mosquito abatement fund, the total amount of the 
 21.30  certificates issued, and the amount embraced in the tax levy for 
 21.31  that particular purpose.  The certificates must be numbered 
 21.32  consecutively and be in denominations of $100 or multiples of 
 21.33  $100, may have interest coupons attached, and must be otherwise 
 21.34  of a form, on terms, and made payable at a place that will best 
 21.35  aid in their negotiation.  The proceeds of the tax assessed and 
 21.36  collected on account of the mosquito abatement fund must be 
 22.1   irrevocably pledged for the redemption of the certificates 
 22.2   issued.  The certificates must be paid solely from the money 
 22.3   derived from the levy for the year against which the 
 22.4   certificates were issued, or, if they are not sufficient for 
 22.5   that purpose, from the levy for the mosquito abatement fund in 
 22.6   the next succeeding year.  The money derived from the sale of 
 22.7   the certificates must be credited to the mosquito abatement fund 
 22.8   for the calendar year immediately succeeding the making of the 
 22.9   levy and may not be used or spent until the succeeding year.  No 
 22.10  certificates for any year may be issued until all certificates 
 22.11  for prior years have been paid.  No certificates may be extended.
 22.12     Subd. 12.  [DEPOSIT AND USE OF FUNDS.] All money received 
 22.13  for mosquito abatement purposes, either by way of tax collection 
 22.14  or the sale of certificates of indebtedness, must be deposited 
 22.15  in the treasury of the governmental unit to the credit of a 
 22.16  special fund to be designated as the mosquito abatement fund, 
 22.17  must not be used for any other purpose, and must be drawn upon 
 22.18  by the proper officials upon the properly authenticated voucher 
 22.19  of the mosquito abatement board.  No money may be paid from the 
 22.20  fund except on orders drawn upon the officer of the governmental 
 22.21  unit having charge of the custody of the mosquito abatement fund 
 22.22  and signed by the chair and the secretary of the mosquito 
 22.23  abatement board.  Each mosquito abatement board shall annually 
 22.24  file an itemized statement of all receipts and disbursements 
 22.25  with its governing body. 
 22.26     Subd. 13.  [DUTIES OF COMMISSIONER.] The commissioner: 
 22.27     (1) may establish rules for the conduct of mosquito 
 22.28  abatement operations of governmental units and boards engaged in 
 22.29  mosquito abatement; and 
 22.30     (2) is an ex officio member of a mosquito abatement board.  
 22.31  The commissioner may appoint representatives to act for the 
 22.32  commissioner as ex officio members of boards. 
 22.33     Subd. 14.  [NATURAL RESOURCES.] The commissioner of natural 
 22.34  resources must approve mosquito abatement plans or order 
 22.35  modifications the commissioner of natural resources considers 
 22.36  necessary for the protection of public water, wild animals, and 
 23.1   natural resources before control operations are started on state 
 23.2   lands administered by the commissioner of natural resources or 
 23.3   in public waters listed on the department of natural resources 
 23.4   public waters inventory.  The commissioner of natural resources 
 23.5   may make necessary modifications in an approved plan or revoke 
 23.6   approval of a plan at any time upon written notice to the 
 23.7   governing body or mosquito abatement board. 
 23.8      Subd. 15.  [COOPERATION BETWEEN GOVERNMENTAL UNITS.] If two 
 23.9   or more adjacent governmental units have authorized mosquito 
 23.10  abatement and appointed the members of the mosquito abatement 
 23.11  board, the governing bodies may, by written contract, arrange 
 23.12  for pooling mosquito abatement funds, apportioning all costs, 
 23.13  cooperating in the use of equipment and personnel, and engaging 
 23.14  jointly in mosquito abatement upon terms and conditions and 
 23.15  subject to mutually agreed upon rules.  The immediate control 
 23.16  and management of the joint project may, by the terms of the 
 23.17  written contract, be entrusted to a joint committee composed of 
 23.18  the chair of each of the boards or other board members. 
 23.19     Subd. 16.  [UNORGANIZED TOWNS; POWERS OF COUNTY BOARD.] In 
 23.20  any town that is unorganized politically, the county board of 
 23.21  the county in which the town is situated has all the rights, 
 23.22  powers, and duties conferred by this section upon the governing 
 23.23  bodies of towns, including town boards, and the county board 
 23.24  must act as though it were the governing body and town board of 
 23.25  that town and may authorize and undertake mosquito abatement in 
 23.26  the town and cause taxes to be levied for mosquito abatement the 
 23.27  same as though the town were organized politically and the 
 23.28  county board were the governing body and town board.  The cost 
 23.29  of mosquito abatement in such a town must be paid solely by a 
 23.30  tax levy on the property within the town where mosquito 
 23.31  abatement is undertaken and no part of the expense of mosquito 
 23.32  abatement in that town may be a county expense or paid by the 
 23.33  county. 
 23.34     Subd. 17.  [COST OF STATE'S SERVICE; REFUNDS.] The actual 
 23.35  cost to the state of any service rendered or expense incurred by 
 23.36  the commissioner of agriculture or natural resources under this 
 24.1   section for the benefit of a mosquito abatement board must be 
 24.2   reimbursed by the appropriate governmental unit. 
 24.3      Sec. 14.  [18G.16] [SHADE TREE PEST AND DISEASE CONTROL.] 
 24.4      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 24.5   subdivision apply to this section. 
 24.6      (b) "Metropolitan area" means the counties of Anoka, 
 24.7   Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
 24.8      (c) "Municipality" means a home rule charter or statutory 
 24.9   city or a town located in the metropolitan area that exercises 
 24.10  municipal powers under section 368.01 or any general or special 
 24.11  law; a special park district organized under chapter 398; a 
 24.12  special-purpose park and recreation board organized under the 
 24.13  city charter of a city of the first class located in the 
 24.14  metropolitan area; a county in the metropolitan area for the 
 24.15  purposes of county-owned property or any portion of a county 
 24.16  located outside the geographic boundaries of a city or a town 
 24.17  exercising municipal powers; and a municipality or county 
 24.18  located outside the metropolitan area with an approved disease 
 24.19  control program. 
 24.20     (d) "Shade tree disease" means Dutch elm disease, oak wilt, 
 24.21  or any disorder affecting the growth and life of shade trees. 
 24.22     (e) "Wood utilization or disposal system" means facilities, 
 24.23  equipment, or systems used for the removal and disposal of 
 24.24  diseased shade trees, including collection, transportation, 
 24.25  processing, or storage of wood and assisting in the recovery of 
 24.26  materials or energy from wood. 
 24.27     (f) "Approved disease control program" means a municipal 
 24.28  plan approved by the commissioner to control shade tree disease. 
 24.29     (g) "Disease control area" means an area approved by the 
 24.30  commissioner within which a municipality will conduct an 
 24.31  approved disease control program. 
 24.32     (h) "Sanitation" means the identification, inspection, 
 24.33  disruption of a common root system, girdling, trimming, removal, 
 24.34  and disposal of dead or diseased wood of shade trees, including 
 24.35  subsidies for trees removed pursuant to subdivision 4, on public 
 24.36  or private property within a disease control area. 
 25.1      (i) "Reforestation" means the replacement of shade trees 
 25.2   removed from public property and the planting of a tree as part 
 25.3   of a municipal disease control program.  For purposes of this 
 25.4   paragraph, "public property" includes private property within 
 25.5   five feet of the boulevard or street terrace in a city that 
 25.6   enacted an ordinance on or before January 1, 1977, that 
 25.7   prohibits or requires a permit for the planting of trees in the 
 25.8   public right-of-way. 
 25.9      Subd. 2.  [COMMISSIONER TO ADOPT RULES.] The commissioner 
 25.10  may adopt rules relating to shade tree pest and disease control 
 25.11  in any municipality.  The rules must prescribe control measures 
 25.12  to be used to prevent the spread of shade tree pests and 
 25.13  diseases and must include the following: 
 25.14     (1) a definition of shade tree; 
 25.15     (2) qualifications for tree inspectors; 
 25.16     (3) methods of identifying diseased or infested shade 
 25.17  trees; 
 25.18     (4) procedures for giving reasonable notice of inspection 
 25.19  of private real property; 
 25.20     (5) measures for the removal of any shade tree which may 
 25.21  contribute to the spread of shade tree pests or disease and for 
 25.22  reforestation of pest or disease control areas; 
 25.23     (6) approved methods of treatment of shade trees; 
 25.24     (7) criteria for priority designation areas in an approved 
 25.25  pest or disease control program; and 
 25.26     (8) any other matters determined necessary by the 
 25.27  commissioner to prevent the spread of shade tree pests or 
 25.28  disease and enforce this section. 
 25.29     Subd. 3.  [DIAGNOSTIC LABORATORY.] The commissioner shall 
 25.30  operate a diagnostic laboratory for culturing diseased or 
 25.31  infested trees for positive identification of diseased or 
 25.32  infested shade trees. 
 25.33     Subd. 4.  [COOPERATION BY UNIVERSITY.] The University of 
 25.34  Minnesota College of Natural Resources shall cooperate with the 
 25.35  department in control of shade tree disease, pests, and 
 25.36  disorders and management of shade tree populations.  The College 
 26.1   of Natural Resources shall cooperate with the department to 
 26.2   conduct tree inspector certification and recertification 
 26.3   workshops for certified tree inspectors.  The College of Natural 
 26.4   Resources shall also conduct research into means for identifying 
 26.5   diseased shade trees, develop and evaluate control measures, and 
 26.6   develop means for disposing of and using diseased shade trees. 
 26.7      Subd. 5.  [EXPERIMENTAL PROGRAMS.] The commissioner may 
 26.8   establish experimental programs for sanitation or treatment of 
 26.9   shade tree diseases and for research into tree varieties most 
 26.10  suitable for municipal reforestation.  The research must include 
 26.11  considerations of disease resistance, energy conservation, and 
 26.12  other factors considered appropriate.  The commissioner may make 
 26.13  grants to municipalities or enter into contracts with 
 26.14  municipalities, nurseries, colleges, universities, or state or 
 26.15  federal agencies in connection with experimental shade tree 
 26.16  programs including research to assist municipalities in 
 26.17  establishing priority designation areas for shade tree disease 
 26.18  control and energy conservation. 
 26.19     Subd. 6.  [REMOVAL OF DISEASED OR INFESTED TREES.] After 
 26.20  reasonable notice of inspection, an owner of real property 
 26.21  containing a shade tree that is diseased, infested, or may 
 26.22  contribute to the spread of pests or disease, must remove or 
 26.23  treat the tree within the period of time and in the manner 
 26.24  established by the commissioner.  Trees that are not removed in 
 26.25  compliance with the commissioner's rules must be declared a 
 26.26  public nuisance and removed or treated by approved methods by 
 26.27  the municipality which may assess all or part of the expense, 
 26.28  limited to the lowest contract rates available that include wage 
 26.29  levels which meet Minnesota minimum wage standards, to the 
 26.30  property and the expense becomes a lien on the property.  A 
 26.31  municipality may assess not more than 50 percent of the expense 
 26.32  of treating with an approved method or removing diseased shade 
 26.33  trees located on street terraces or boulevards to the abutting 
 26.34  properties and the assessment becomes a lien on the property. 
 26.35     Subd. 7.  [RULES; APPLICABILITY TO MUNICIPALITIES.] The 
 26.36  rules of the commissioner apply in a municipality unless the 
 27.1   municipality adopts an ordinance determined by the commissioner 
 27.2   to be more stringent than the rules of the commissioner.  The 
 27.3   rules of the commissioner or the municipality apply to all state 
 27.4   agencies, special purpose districts, and metropolitan 
 27.5   commissions as defined in section 473.121, subdivision 5a, that 
 27.6   own or control land adjacent to or within a shade tree disease 
 27.7   control area. 
 27.8      Subd. 8.  [GRANTS TO MUNICIPALITIES.] (a) The commissioner 
 27.9   may, in the name of the state and within the limit of 
 27.10  appropriations provided, make a grant to a municipality with an 
 27.11  approved disease control program for the partial funding of 
 27.12  municipal sanitation and reforestation programs to replace trees 
 27.13  lost to disease or natural disaster.  The commissioner may make 
 27.14  a grant to a home rule charter or statutory city, a special 
 27.15  purpose park and recreation board organized under a charter of a 
 27.16  city of the first class, a nonprofit corporation serving a city 
 27.17  of the first class, or a county having an approved disease 
 27.18  control program for the acquisition or implementation of a wood 
 27.19  use or disposal system. 
 27.20     (b) The commissioner shall adopt rules for the 
 27.21  administration of grants under this subdivision.  The rules must 
 27.22  contain: 
 27.23     (1) procedures for grant applications; 
 27.24     (2) conditions and procedures for the administration of 
 27.25  grants; 
 27.26     (3) criteria of eligibility for grants including, but not 
 27.27  limited to, those specified in this subdivision; and 
 27.28     (4) other matters the commissioner may find necessary to 
 27.29  the proper administration of the grant program. 
 27.30     (c) Grants for wood utilization and disposal systems made 
 27.31  by the commissioner under this subdivision must not exceed 50 
 27.32  percent of the total cost of the system.  Grants for sanitation 
 27.33  and reforestation must be combined into one grant program.  
 27.34  Grants to a municipality for sanitation must not exceed 50 
 27.35  percent of sanitation costs approved by the commissioner 
 27.36  including any amount of sanitation costs paid by special 
 28.1   assessments, ad valorem taxes, federal grants, or other funds.  
 28.2   A municipality must not specially assess a property owner an 
 28.3   amount greater than the amount of the tree's sanitation cost 
 28.4   minus the amount of the tree's sanitation cost reimbursed by the 
 28.5   commissioner.  Grants to municipalities for reforestation must 
 28.6   not exceed 50 percent of the wholesale cost of the tree planted 
 28.7   under the reforestation program; provided that a reforestation 
 28.8   grant to a county may include 90 percent of the cost of the 
 28.9   first 50 trees planted on public property in a town not included 
 28.10  in the definition of municipality in subdivision 1 and of less 
 28.11  than 1,000 population upon the town's application to the 
 28.12  county.  Reforestation grants to towns and home rule charter or 
 28.13  statutory cities of less than 4,000 population with an approved 
 28.14  disease control program may include 90 percent of the cost of 
 28.15  the first 50 trees planted on public property.  The governing 
 28.16  body of a municipality that receives a reforestation grant under 
 28.17  this section must appoint up to seven residents of the 
 28.18  municipality or designate an existing municipal board or 
 28.19  committee to serve as a reforestation advisory committee to 
 28.20  advise the governing body of the municipality in the 
 28.21  administration of the reforestation program.  For the purpose of 
 28.22  this subdivision, "cost" does not include the value of a gift or 
 28.23  dedication of trees required by a municipal ordinance but does 
 28.24  include documented "in-kind" services or voluntary work for 
 28.25  municipalities with a population of less than 1,000 according to 
 28.26  the most recent federal census. 
 28.27     (d) Based upon estimates submitted by the municipality to 
 28.28  the commissioner, which state the estimated costs of sanitation 
 28.29  and reforestation in the succeeding quarter under an approved 
 28.30  program, the commissioner shall direct quarterly advance 
 28.31  payments to be made by the state to the municipality commencing 
 28.32  April 1.  The commissioner shall direct adjustment of any 
 28.33  overestimate in a succeeding quarter.  A municipality may elect 
 28.34  to receive the proceeds of its sanitation and reforestation 
 28.35  grants on a periodic cost reimbursement basis.  
 28.36     (e) A home rule charter or statutory city, county outside 
 29.1   the metropolitan area, or any municipality, as defined in 
 29.2   subdivision 1, may submit an application for a grant authorized 
 29.3   by this subdivision concurrently with its request for approval 
 29.4   of a disease control program. 
 29.5      (f) The commissioner shall not make grants for sanitation 
 29.6   and reforestation or wood utilization and disposal systems in 
 29.7   excess of 67 percent of the amounts appropriated for those 
 29.8   purposes to the municipalities located within the metropolitan 
 29.9   area, as defined in subdivision 1. 
 29.10     Subd. 9.  [SUBSIDIES TO CERTAIN OWNERS.] A municipality may 
 29.11  provide subsidies to nonprofit organizations, to owners of 
 29.12  private residential property of five acres or less, to owners of 
 29.13  property used for a homestead of more than five acres but less 
 29.14  than 20 acres, and to nonprofit cemeteries for the approved 
 29.15  treatment or removal of diseased shade trees. 
 29.16     Notwithstanding any law to the contrary, an owner of 
 29.17  property on which shade trees are located may contract with a 
 29.18  municipality to provide protection against the cost of approved 
 29.19  treatment or removal of diseased shade trees or shade trees that 
 29.20  will contribute to the spread of shade tree diseases.  Under the 
 29.21  contract, the municipality must pay for the removal or approved 
 29.22  treatment under terms and conditions determined its governing 
 29.23  body. 
 29.24     Subd. 10.  [TREE INSPECTOR.] (a) The governing body of each 
 29.25  municipality may appoint a qualified tree inspector.  In 
 29.26  accordance with section 471.59, two or more municipalities may 
 29.27  jointly appoint a tree inspector for the purpose of 
 29.28  administering the rules or ordinances in their communities.  If 
 29.29  a municipality has not appointed a tree inspector by January 1 
 29.30  in any year, the commissioner may assign a qualified employee of 
 29.31  the department of agriculture to perform the duties of the tree 
 29.32  inspector.  The expense of a tree inspector appointed by the 
 29.33  commissioner must be paid by the municipality.  If an employee 
 29.34  of the department of agriculture performs those duties, the 
 29.35  expense must be billed to the municipality and paid into the 
 29.36  state treasury and credited to the nursery and phytosanitary 
 30.1   account. 
 30.2      (b) Upon a determination by the commissioner that a 
 30.3   candidate for the position of tree inspector is qualified, the 
 30.4   commissioner shall issue a certificate of qualification to the 
 30.5   tree inspector.  The certificate is valid for one year.  A 
 30.6   person certified as a tree inspector by the commissioner is 
 30.7   authorized upon prior notification to enter and inspect any 
 30.8   public or private property that might harbor diseased or 
 30.9   infested shade trees. 
 30.10     (c) The commissioner may, upon notice and hearing, 
 30.11  decertify a tree inspector if it appears that the tree inspector 
 30.12  has failed to act competently or in the public interest in the 
 30.13  performance of duties.  Notice must be provided and a hearing 
 30.14  conducted according to the provisions of chapter 14 governing 
 30.15  contested case proceedings.  Nothing in this paragraph limits or 
 30.16  otherwise affects the authority of a municipality to dismiss or 
 30.17  suspend a tree inspector in its discretion. 
 30.18     Subd. 11.  [FINANCING.] (a) A municipality may collect the 
 30.19  amount assessed against the property under subdivision 1 as a 
 30.20  special assessment and may issue obligations as provided in 
 30.21  section 429.101, subdivision 1.  The municipality may, at its 
 30.22  option, make any assessment levied payable with interest in 
 30.23  installments not to exceed five years from the date of the 
 30.24  assessment. 
 30.25     (b) After a contract for the sanitation or approved 
 30.26  treatment of trees on private property has been approved or the 
 30.27  work begun, the municipality may issue obligations to defray the 
 30.28  expense of the work financed by special assessments imposed upon 
 30.29  private property.  Section 429.091 applies to those obligations 
 30.30  with the following modifications: 
 30.31     (1) the obligations must be payable not more than five 
 30.32  years from the date of issuance; and 
 30.33     (2) no election is required. 
 30.34     The certificates must not be included in the net debt of 
 30.35  the issuing municipality. 
 30.36     Subd. 12.  [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] Proceeds 
 31.1   of taxes, assessments, and interest collected under this 
 31.2   section, bonds or certificates of indebtedness issued under 
 31.3   subdivision 10, and grants received under subdivision 7 must be 
 31.4   deposited in the municipal treasury in a separate fund and spent 
 31.5   only for the purposes authorized by this section. 
 31.6      Subd. 13.  [WOOD USE.] The departments of agriculture and 
 31.7   natural resources, after consultation with the Minnesota shade 
 31.8   tree advisory committee, may investigate, evaluate, and make 
 31.9   recommendations to the legislature concerning the potential uses 
 31.10  of wood from community trees removed due to disease or other 
 31.11  disorders.  These recommendations shall include maximum resource 
 31.12  recovery through recycling, use as an alternative energy source, 
 31.13  or use in construction or the manufacture of new products. 
 31.14     Subd. 14.  [MUNICIPAL OPTION TO PARTICIPATE IN 
 31.15  PROGRAM.] The term "municipality" shall include only those 
 31.16  municipalities which have informed the commissioner of their 
 31.17  intent to continue an approved disease control program.  Any 
 31.18  municipality desiring to participate in the grants-in-aid for 
 31.19  the partial funding of municipal sanitation and reforestation 
 31.20  programs must notify the commissioner in writing before the 
 31.21  beginning of the calendar year in which it wants to participate 
 31.22  and must have an approved disease control program during any 
 31.23  year in which it receives grants-in-aid.  Notwithstanding the 
 31.24  provisions of any law to the contrary, no municipality shall be 
 31.25  required to have an approved disease control program after 
 31.26  December 31, 1981. 
 31.27     Subd. 15.  [CERTAIN SPECIES NOT SUBJECT TO CHAPTER 
 31.28  18G.] Chapter 18G does not apply to exotic aquatic plants and 
 31.29  wild animal species regulated under chapter 84D. 
 31.30                             ARTICLE 2 
 31.31                            NURSERY LAW 
 31.32     Section 1.  [18H.02] [DEFINITIONS.] 
 31.33     Subdivision 1.  [SCOPE.] The definitions in this section 
 31.34  apply to this chapter. 
 31.35     Subd. 2.  [AGENT.] "Agent" means a person who, on behalf of 
 31.36  another person, receives on consignment, contracts for, or 
 32.1   solicits for sale on commission, a plant product from a producer 
 32.2   of the product or negotiates the consignment or purchase of a 
 32.3   plant product on behalf of another person. 
 32.4      Subd. 3.  [ANNUAL.] "Annual" means a plant growing in 
 32.5   Minnesota with a life cycle of less than one year. 
 32.6      Subd. 4.  [CERTIFICATE.] "Certificate" means a document 
 32.7   authorized or prepared by a federal or state regulatory official 
 32.8   that affirms, declares, or verifies that a plant, product, 
 32.9   shipment, or other officially regulated item meets 
 32.10  phytosanitary, nursery inspection, pest freedom, plant 
 32.11  registration or certification, or other legal requirements. 
 32.12     Subd. 5.  [CERTIFICATION.] "Certification" means a 
 32.13  regulatory official's act of affirming, declaring, or verifying 
 32.14  compliance with phytosanitary, nursery inspection, pest freedom, 
 32.15  plant registration or certification, or other legal requirements.
 32.16     Subd. 6.  [CERTIFIED NURSERY STOCK.] "Certified nursery 
 32.17  stock" means nursery stock which has been officially inspected 
 32.18  by the commissioner and found apparently free of quarantine and 
 32.19  regulated nonquarantine pests or significant dangerous or 
 32.20  potentially damaging plant pests. 
 32.21     Subd. 7.  [COMMISSIONER.] "Commissioner" means the 
 32.22  commissioner of agriculture or the commissioner's designated 
 32.23  employee, representative, or agent. 
 32.24     Subd. 8.  [CONSIGNEE.] "Consignee" means a person to whom a 
 32.25  plant, nursery stock, horticultural product, or plant product is 
 32.26  shipped for handling, planting, sale, resale, or any other 
 32.27  purpose. 
 32.28     Subd. 9.  [CONSIGNOR.] "Consignor" means a person who ships 
 32.29  or delivers to a consignee a plant, nursery stock, horticultural 
 32.30  product, or plant product for handling, planting, sale, resale, 
 32.31  or any other purpose. 
 32.32     Subd. 10.  [CONTAINER-GROWN.] "Container-grown" means a 
 32.33  plant that was produced from a liner or cutting in a container.  
 32.34     Subd. 11.  [DEPARTMENT.] "Department" means the Minnesota 
 32.35  department of agriculture. 
 32.36     Subd. 12.  [DISTRIBUTE.] "Distribute" means offer for sale, 
 33.1   sell, barter, ship, deliver for shipment, receive and deliver, 
 33.2   offer to deliver, receive on consignment, contract for, solicit 
 33.3   for sale on commission, or negotiate the consignment or purchase 
 33.4   in this state. 
 33.5      Subd. 13.  [INFECTED.] "Infected" means a plant that is: 
 33.6      (1) contaminated with pathogenic microorganisms; 
 33.7      (2) being parasitized; 
 33.8      (3) a host or carrier of an infectious, transmissible, or 
 33.9   contagious pest; or 
 33.10     (4) so exposed to a plant listed in clause (1), (2), or (3) 
 33.11  that one of those conditions can reasonably be expected to exist 
 33.12  and the plant may also pose a risk of contamination to other 
 33.13  plants or the environment. 
 33.14     Subd. 14.  [INFESTED.] "Infested" means a plant has been 
 33.15  overrun by plant pests, including weeds. 
 33.16     Subd. 15.  [LANDSCAPER.] "Landscaper" includes, but is not 
 33.17  limited to, a nursery stock dealer or person who procures 
 33.18  certified stock for immediate sale, distribution, or 
 33.19  transplantation and who does not grow or care for nursery stock. 
 33.20     Subd. 16.  [MARK.] "Mark" means an official indicator 
 33.21  affixed by the commissioner for purposes of identification or 
 33.22  separation to, on, around, or near plants or plant material 
 33.23  known or suspected to be infected with a plant pest.  This 
 33.24  includes, but is not limited to, paint, markers, tags, seals, 
 33.25  stickers, tape, ribbons, signs, or placards. 
 33.26     Subd. 17.  [NURSERY.] "Nursery" means a place where nursery 
 33.27  stock is grown, propagated, collected, or distributed, 
 33.28  including, but not limited to, private property or property 
 33.29  owned, leased, or managed by any agency of the United States, 
 33.30  Minnesota or its political subdivisions, or any other state or 
 33.31  its political subdivisions where nursery stock is fumigated, 
 33.32  treated, packed, or stored. 
 33.33     Subd. 18.  [NURSERY CERTIFICATE.] "Nursery certificate" 
 33.34  means a document issued by the commissioner recognizing that a 
 33.35  person is eligible to sell, offer for sale, or distribute 
 33.36  certified nursery stock at a particular location under a 
 34.1   specified business name.  
 34.2      Subd. 19.  [NURSERY HOBBYIST.] "Nursery hobbyist" means a 
 34.3   person who grows, offers for sale, or distributes less than 
 34.4   $2,000 worth of certified nursery stock annually. 
 34.5      Subd. 20.  [NURSERY STOCK.] "Nursery stock" means a plant 
 34.6   intended for planting or propagation, including, but not limited 
 34.7   to, trees, shrubs, vines, perennials, biennials, grafts, 
 34.8   cuttings, and buds that may be sold for propagation, whether 
 34.9   cultivated or wild, and all viable parts of these plants.  
 34.10  Nursery stock does not include: 
 34.11     (1) field and forage crops; 
 34.12     (2) the seeds of grasses, cereal grains, vegetable crops, 
 34.13  and flowers; 
 34.14     (3) vegetable plants, bulbs, or tubers; 
 34.15     (4) cut flowers, unless stems or other portions are 
 34.16  intended for propagation; 
 34.17     (5) annuals; or 
 34.18     (6) Christmas trees. 
 34.19     Subd. 21.  [NURSERY STOCK BROKER.] "Nursery stock broker" 
 34.20  means a nursery stock dealer engaged in the business of selling 
 34.21  or reselling nursery stock as a business transaction without 
 34.22  taking ownership or handling the nursery stock. 
 34.23     Subd. 22.  [NURSERY STOCK DEALER.] "Nursery stock dealer" 
 34.24  means a person involved in the acquisition and further 
 34.25  distribution of nursery stock; the utilization of nursery stock 
 34.26  for landscaping or purchase of nursery stock for other persons; 
 34.27  or the distribution of nursery stock with a mechanical digger, 
 34.28  commonly known as a tree spade, or by any other means.  A person 
 34.29  who purchases more than half of the nursery stock offered for 
 34.30  sale at a sales location during the current certificate year is 
 34.31  considered a nursery stock dealer rather than a nursery stock 
 34.32  grower for the purposes of determining a proper fee schedule.  
 34.33  Nursery stock brokers, landscapers, and tree spade operators are 
 34.34  considered nursery stock dealers for purposes of determining 
 34.35  proper certification. 
 34.36     Subd. 23.  [NURSERY STOCK GROWER.] "Nursery stock grower" 
 35.1   includes, but is not limited to, a person who raises, grows, or 
 35.2   propagates nursery stock, outdoors or indoors.  A person who 
 35.3   grows more than half of the nursery stock offered for sale at a 
 35.4   sales location during the current certificate year is considered 
 35.5   a nursery stock grower for the purpose of determining a proper 
 35.6   fee schedule. 
 35.7      Subd. 24.  [OWNER.] "Owner" includes, but is not limited 
 35.8   to, the person with the legal right of possession, 
 35.9   proprietorship of, or responsibility for the property or place 
 35.10  where any of the articles regulated in this chapter are found, 
 35.11  or the person who is in possession of, proprietorship of, or has 
 35.12  responsibility for the regulated articles. 
 35.13     Subd. 25.  [PERSON.] "Person" means an individual, firm, 
 35.14  corporation, partnership, association, trust, joint stock 
 35.15  company, unincorporated organization, the state, a state agency, 
 35.16  or a political subdivision.  
 35.17     Subd. 26.  [PLACE OF ORIGIN.] "Place of origin" means the 
 35.18  county and state where nursery stock was most recently certified 
 35.19  or grown for at least one full growing season. 
 35.20     Subd. 27.  [PLANT.] "Plant" means a plant, plant product, 
 35.21  plant part, or reproductive or propagative part of a plant, 
 35.22  plant product, or plant part, including all growing media, 
 35.23  packing material, or containers associated with the plants, 
 35.24  plant parts, or plant products. 
 35.25     Subd. 28.  [PLANT PEST.] "Plant pest" means a biotic agent 
 35.26  that causes or may cause harm to plants. 
 35.27     Subd. 29.  [PUBLIC NUISANCE.] "Public nuisance" means: 
 35.28     (1) a plant, appliance, conveyance, or article that is 
 35.29  infested with plant pests that may cause significant damage or 
 35.30  harm; or 
 35.31     (2) premises where a plant pest is found. 
 35.32     Subd. 30.  [QUARANTINE.] "Quarantine" means an enforced 
 35.33  isolation or restriction of free movement of plants, plant 
 35.34  material, animals, animal products, or any article or material 
 35.35  in order to treat, control, or eradicate a plant pest. 
 35.36     Subd. 31.  [REGULATED NONQUARANTINE PEST.] "Regulated 
 36.1   nonquarantine pest" means a plant pest that has not been 
 36.2   quarantined by state or federal agencies and whose presence in 
 36.3   plants or articles may pose an unacceptable risk to nursery 
 36.4   stock, other plants, the environment, or human activities. 
 36.5      Subd. 32.  [SALES LOCATION.] "Sales location" means a fixed 
 36.6   location from which nursery stock is displayed or distributed. 
 36.7      Subd. 33.  [TREE SPADE.] "Tree spade" means a mechanical 
 36.8   device or machinery capable of removing nursery stock, root 
 36.9   system, and soil from the planting in one operation. 
 36.10     Subd. 34.  [TREE SPADE OPERATOR.] "Tree spade operator" 
 36.11  means a nursery stock dealer who uses a tree spade to dig 
 36.12  nursery stock and sells, offers for sale, distributes, and 
 36.13  transports certified nursery stock. 
 36.14     Sec. 2.  [18H.03] [POWERS AND DUTIES OF COMMISSIONER.] 
 36.15     Subdivision 1.  [EMPLOYEES.] The commissioner may employ 
 36.16  entomologists, plant pathologists, and other employees necessary 
 36.17  to administer this chapter. 
 36.18     Subd. 2.  [ENTRY AND INSPECTION; FEES.] (a) The 
 36.19  commissioner may enter and inspect a public or private place 
 36.20  that might harbor plant pests and may require that the owner 
 36.21  destroy or treat plant pests, plants, or other material.  
 36.22     (b) If the owner fails to properly comply with a directive 
 36.23  of the commissioner within a given period of time, the 
 36.24  commissioner may have any necessary work done at the owner's 
 36.25  expense.  If the owner does not reimburse the commissioner for 
 36.26  the expense within a time specified by the commissioner, the 
 36.27  expense is a charge upon the county as provided in subdivision 4.
 36.28     (c) If a dangerous plant pest infestation or infection 
 36.29  threatens plants of an area in the state, the commissioner may 
 36.30  take any measures necessary to eliminate or alleviate the danger.
 36.31     (d) The commissioner may collect fees required by this 
 36.32  chapter.  
 36.33     (e) The commissioner may issue and enforce a written or 
 36.34  printed "stop-sale" order to the owner or custodian of any 
 36.35  nursery stock if fees required by the nursery are not paid.  The 
 36.36  commissioner may not be held liable for the deterioration of 
 37.1   nursery stock during the period for which it is held pursuant to 
 37.2   a stop-sale order. 
 37.3      Subd. 3.  [QUARANTINES.] The commissioner may impose a 
 37.4   quarantine to restrict or prohibit the transportation of nursery 
 37.5   stock, plants, or other materials capable of carrying plant 
 37.6   pests into or through any part of the state. 
 37.7      Subd. 4.  [COLLECTION OF CHARGES FOR WORK DONE FOR 
 37.8   OWNER.] If the commissioner incurs an expense in conjunction 
 37.9   with carrying out subdivision 2 and is not reimbursed by the 
 37.10  owner of the land, the expense becomes a legal charge against 
 37.11  the county in which the land is located.  After the expense is 
 37.12  incurred, the commissioner shall file verified and itemized 
 37.13  statements of the cost of all service rendered with the county 
 37.14  auditor of the county in which the land is located.  The county 
 37.15  auditor shall place a lien in favor of the commissioner against 
 37.16  the land involved, certified by the county auditor and collected 
 37.17  according to section 429.101. 
 37.18     Subd. 5.  [DELEGATION AUTHORITY.] The commissioner may, by 
 37.19  written agreements, delegate specific inspection, enforcement, 
 37.20  and other regulatory duties of this chapter to officials of 
 37.21  other agencies.  This delegation may only be made to a state 
 37.22  agency, a political subdivision, or a political subdivision's 
 37.23  agency that has signed a joint powers agreement with the 
 37.24  commissioner as provided in section 471.59. 
 37.25     Subd. 6.  [DISSEMINATION OF INFORMATION.] The commissioner 
 37.26  may disseminate information among growers relative to treatment 
 37.27  of nursery stock in both prevention and elimination of attack by 
 37.28  plant pests and diseases. 
 37.29     Subd. 7.  [OTHER DUTIES OF SERVICE.] The commissioner may 
 37.30  carry out other duties or responsibilities that are of service 
 37.31  to the industry or that may be necessary for the protection of 
 37.32  the industry. 
 37.33     Sec. 3.  [18H.04] [ADOPTION OF RULES.] 
 37.34     The commissioner may adopt rules to carry out the purposes 
 37.35  of this chapter.  The rules may include, but are not limited to, 
 37.36  rules in regard to labeling and the maintenance of viability and 
 38.1   vigor of nursery stock.  Rules of the commissioner that are in 
 38.2   effect on July 1, 2003, relating to plant protection, nursery 
 38.3   inspection, or the Plant Pest Act remain in effect until they 
 38.4   are superseded by new rules. 
 38.5      Sec. 4.  [18H.05] [NURSERY CERTIFICATE REQUIREMENTS.] 
 38.6      (a) No person may offer for sale or distribute nursery 
 38.7   stock as a nursery stock grower or dealer without first 
 38.8   obtaining the appropriate nursery stock certificate from the 
 38.9   commissioner.  Certificates are issued solely for these purposes 
 38.10  and may not be used for other purposes. 
 38.11     (b) A certificate issued by the commissioner expires on 
 38.12  December 31 of the year it is issued. 
 38.13     (c) A person required to be certified by this section must 
 38.14  apply for a certificate or for renewal on a form furnished by 
 38.15  the commissioner which must contain: 
 38.16     (1) the name and address of the applicant, the number of 
 38.17  locations to be operated by the applicant and their addresses, 
 38.18  and the assumed business name of the applicant; 
 38.19     (2) if other than an individual, a statement whether a 
 38.20  person is a partnership, corporation, or other organization; and 
 38.21     (3) the type of business to be operated and, if the 
 38.22  applicant is an agent, the principals the applicant represents. 
 38.23     (d) No person may:  
 38.24     (1) falsely claim to be a certified dealer, grower, broker, 
 38.25  or agent; or 
 38.26     (2) make willful false statements when applying for a 
 38.27  certificate. 
 38.28     (e) Each application for a certificate must be accompanied 
 38.29  by the appropriate certificate fee under section 18H.07. 
 38.30     (f) Certificates issued by the commissioner must be 
 38.31  prominently displayed to the public in the place of business 
 38.32  where nursery stock is sold or distributed. 
 38.33     (g) The commissioner may refuse to issue a certificate for 
 38.34  cause. 
 38.35     (h) Each grower or dealer is entitled to one sales location 
 38.36  under the certificate of the grower or dealer.  Each additional 
 39.1   sales location maintained by the person requires the payment of 
 39.2   the full certificate fee for each additional sales outlet. 
 39.3      (i) A grower who is also a dealer is certified only as a 
 39.4   grower for that specific site. 
 39.5      (j) A certificate is personal to the applicant and may not 
 39.6   be transferred.  A new certificate is necessary if the business 
 39.7   entity is changed or if the membership of a partnership is 
 39.8   changed, whether or not the business name is changed. 
 39.9      (k) The certificate issued to a dealer or grower applies to 
 39.10  the particular premises named in the certificate.  However, if 
 39.11  prior approval is obtained from the commissioner, the place of 
 39.12  business may be moved to the other premises or location without 
 39.13  an additional certificate fee. 
 39.14     (l) A collector of nursery stock from the wild is required 
 39.15  to obtain a dealer's certificate from the commissioner and is 
 39.16  subject to all the requirements that apply to the inspection of 
 39.17  nursery stock.  All collected nursery stock must be labeled as 
 39.18  "collected from the wild." 
 39.19     Sec. 5.  [18H.06] [EXEMPT NURSERY SALES.] 
 39.20     Subdivision 1.  [NOT-FOR-PROFIT SALES.] An organization or 
 39.21  individual may offer for sale certified nursery stock and be 
 39.22  exempt from the requirement to obtain a nursery stock dealer 
 39.23  certificate if sales are conducted by a nonprofit charitable, 
 39.24  educational, or religious organization that: 
 39.25     (1) conducts sales or distributions of certified nursery 
 39.26  stock on 14 or fewer days in a calendar year; and 
 39.27     (2) uses the proceeds from its certified nursery stock 
 39.28  sales or distribution for charitable, educational, or religious 
 39.29  purposes. 
 39.30     Subd. 2.  [NURSERY HOBBYIST SALES.] (a) An organization or 
 39.31  individual may offer nursery stock for sale and be exempt from 
 39.32  the requirement to obtain a nursery stock dealer certificate if: 
 39.33     (1) the gross sales of all nursery stock in a calendar year 
 39.34  do not exceed $2,000; 
 39.35     (2) all nursery stock sold or distributed by the hobbyist 
 39.36  is intended for planting in Minnesota; and 
 40.1      (3) all nursery stock purchased or procured for resale or 
 40.2   distribution was grown in Minnesota and has been certified by 
 40.3   the commissioner. 
 40.4      (b) The commissioner may prescribe the conditions of the 
 40.5   exempt nursery sales under this subdivision and may conduct 
 40.6   routine inspections of the nursery stock offered for sale. 
 40.7      Sec. 6.  [18H.07] [FEE SCHEDULE.] 
 40.8      Subdivision 1.  [ESTABLISHMENT OF FEES.] The commissioner 
 40.9   shall establish fees sufficient to allow for the administration 
 40.10  and enforcement of this chapter and rules adopted under this 
 40.11  chapter, including the portion of general support costs and 
 40.12  statewide indirect costs of the agency attributable to that 
 40.13  function, with a reserve sufficient for up to six months.  The 
 40.14  commissioner shall review the fee schedule annually in 
 40.15  consultation with the Minnesota nursery and landscape advisory 
 40.16  committee.  For the certificate year beginning January 1, 2004, 
 40.17  the fees are as described in this section. 
 40.18     Subd. 2.  [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery 
 40.19  stock grower must pay an annual fee based on the area of all 
 40.20  acreage on which nursery stock is grown for certification as 
 40.21  follows: 
 40.22     (1) less than one-half acre, $150; 
 40.23     (2) from one-half acre to two acres, $200; 
 40.24     (3) over two acres up to five acres, $300; 
 40.25     (4) over five acres up to ten acres, $350; 
 40.26     (5) over ten acres up to 20 acres, $500; 
 40.27     (6) over 20 acres up to 40 acres, $650; 
 40.28     (7) over 40 acres up to 50 acres, $800; 
 40.29     (8) over 50 acres up to 200 acres, $1,100; 
 40.30     (9) over 200 acres up to 500 acres, $1,500; and 
 40.31     (10) over 500 acres, $1,500 plus $2 for each additional 
 40.32  acre. 
 40.33     (b) In addition to the fees in paragraph (a), a penalty of 
 40.34  ten percent of the fee due must be charged for each month that 
 40.35  the fee is delinquent for any application for renewal not 
 40.36  received by January 1 of the year following expiration of a 
 41.1   certificate. 
 41.2      Subd. 3.  [NURSERY STOCK DEALER CERTIFICATE.] (a) A nursery 
 41.3   stock dealer must pay an annual fee based on the dealer's gross 
 41.4   sales of nursery stock per location during the preceding 
 41.5   certificate year.  A certificate applicant operating for the 
 41.6   first time must pay the minimum fee.  The fees per sales 
 41.7   location are: 
 41.8      (1) gross sales up to $20,000, $150; 
 41.9      (2) gross sales over $20,000 up to $100,000, $175; 
 41.10     (3) gross sales over $100,000 up to $250,000, $300; 
 41.11     (4) gross sales over $250,000 up to $500,000, $425; 
 41.12     (5) gross sales over $500,000 up to $1,000,000, $550; 
 41.13     (6) gross sales over $1,000,000 up to $2,000,000, $675; and 
 41.14     (7) gross sales over $2,000,000, $800. 
 41.15     (b) In addition to the fees in paragraph (a), a penalty of 
 41.16  ten percent of the fee due must be charged for each month that 
 41.17  the fee is delinquent for any application for renewal not 
 41.18  received by January 1 of the year following expiration of a 
 41.19  certificate. 
 41.20     Subd. 4.  [REINSPECTION, ADDITIONAL OR OPTIONAL INSPECTION 
 41.21  FEES.] If a reinspection is required or an additional inspection 
 41.22  is needed or requested a fee must be assessed based on mileage 
 41.23  and inspection time as follows: 
 41.24     (1) mileage must be charged at the current United States 
 41.25  Internal Revenue Service reimbursement rate; and 
 41.26     (2) inspection time must be charged at the rate of $50 per 
 41.27  hour, including the driving time to and from the location in 
 41.28  addition to the time spent conducting the inspection. 
 41.29     Sec. 7.  [18H.08] [LOCAL SALES AND MISCELLANEOUS.] 
 41.30     Subdivision 1.  [SERVICES AND FEES.] The commissioner may 
 41.31  make small lot inspections or perform other necessary services 
 41.32  for which another charge is not specified.  For these services 
 41.33  the commissioner shall set a fee plus expenses that will recover 
 41.34  the cost of performing this service.  The commissioner may set 
 41.35  an additional acreage fee for inspection of seed production 
 41.36  fields for exporters in order to meet domestic and foreign plant 
 42.1   quarantine requirements. 
 42.2      Subd. 2.  [VIRUS DISEASE-FREE CERTIFICATION.] The 
 42.3   commissioner may provide special services such as virus 
 42.4   disease-free certification and other similar programs.  
 42.5   Participation by nursery stock growers is voluntary.  Plants 
 42.6   offered for sale as certified virus-free must be grown according 
 42.7   to certain procedures in a manner defined by the commissioner 
 42.8   for the purpose of eliminating viruses and other injurious 
 42.9   disease or insect pests.  The commissioner shall collect 
 42.10  reasonable fees from participating nursery stock growers for 
 42.11  services and materials that are necessary to conduct this type 
 42.12  of work.  
 42.13     Sec. 8.  [18H.09] [NURSERY INSPECTIONS REQUIRED.] 
 42.14     (a) All nursery stock growing sites in Minnesota must have 
 42.15  had an inspection by the commissioner during the previous 12 
 42.16  months and found apparently free from quarantine and regulated 
 42.17  nonquarantine pests as well as significantly dangerous or 
 42.18  potentially damaging plant pests.  All nursery stock originating 
 42.19  from out of state and offered for sale in Minnesota must have 
 42.20  been inspected by the appropriate state or federal agency during 
 42.21  the previous 12 months and found free from quarantine and 
 42.22  regulated nonquarantine pests as well as significantly dangerous 
 42.23  or potentially damaging plant pests.  A nursery stock 
 42.24  certificate is valid from January 1 to December 31. 
 42.25     (b) Nursery stock must be accessible to the commissioner 
 42.26  for inspection during regular business hours.  Weeds or other 
 42.27  growth that hinder a proper inspection are grounds to suspend or 
 42.28  withhold a certificate or require a reinspection. 
 42.29     (c) Inspection reports issued to growers must contain a 
 42.30  list of the plant pests found at the time of inspection.  
 42.31  Withdrawal-from-distribution orders are considered part of the 
 42.32  inspection reports.  A withdrawal-from-distribution order must 
 42.33  contain a list of plants withdrawn from distribution and the 
 42.34  location of the plants. 
 42.35     (d) The commissioner may post signs to delineate sections 
 42.36  withdrawn from distribution.  These signs must remain in place 
 43.1   until the commissioner removes them or grants written permission 
 43.2   to the grower to remove the signs. 
 43.3      (e) Inspection reports issued to dealers must outline the 
 43.4   violations involved and corrective actions to be taken including 
 43.5   withdrawal-from-distribution orders which would specify nursery 
 43.6   stock that could not be distributed from a certain area. 
 43.7      (f) Optional inspections of plants may be conducted by the 
 43.8   commissioner upon request by any persons desiring an 
 43.9   inspection.  A fee as provided in section 18H.07 must be charged 
 43.10  for such an inspection. 
 43.11     Sec. 9.  [18H.10] [STORAGE OF NURSERY STOCK.] 
 43.12     All nursery stock must be kept and displayed under 
 43.13  conditions of temperature, light, and moisture sufficient to 
 43.14  maintain the viability and vigor of the nursery stock. 
 43.15     Sec. 10.  [18H.11] [NURSERY STOCK STANDARDS.] 
 43.16     The American Standard for Nursery Stock, ANSI Z60.1, 
 43.17  published by the Nursery and Landscape Association, must be used 
 43.18  by the commissioner in determining standards and grades of 
 43.19  nursery stock when not in conflict with this chapter. 
 43.20     Sec. 11.  [18H.12] [DAMAGED, DISEASED, INFESTED, OR 
 43.21  MISREPRESENTED STOCK.] 
 43.22     (a) No person may knowingly offer to distribute, advertise, 
 43.23  or display nursery stock that is infested or infected with 
 43.24  quarantine or regulated nonquarantine pests or significant 
 43.25  dangerous or potentially damaging plant pests, including noxious 
 43.26  weeds or nursery stock that is in a dying condition, desiccated, 
 43.27  frozen or damaged by freezing, or materially damaged in any way. 
 43.28     (b) No person may knowingly offer to distribute, advertise, 
 43.29  or display nursery stock that may result in the capacity and 
 43.30  tendency or effect of deceiving any purchaser or prospective 
 43.31  purchaser as to the quantity, size, grade, kind, species name, 
 43.32  age, variety, maturity, condition, vigor, hardiness, number of 
 43.33  times transplanted, growth ability, growth characteristics, rate 
 43.34  of growth, time required before flowering or fruiting, price, 
 43.35  origin, place where grown, or any other material respect. 
 43.36     (c) Upon discovery or notification of damaged, diseased, 
 44.1   infested, or misrepresented stock, the commissioner may place a 
 44.2   stop-sale and distribution order on the material.  The order 
 44.3   makes it an illegal action to distribute, give away, destroy, 
 44.4   alter, or tamper with the plants. 
 44.5      (d) The commissioner may conspicuously mark all plants, 
 44.6   materials, and articles known or suspected to be infected or 
 44.7   infested with quarantine or regulated nonquarantine pests or 
 44.8   significant dangerous or potentially damaging plant pests.  The 
 44.9   commissioner shall notify the persons, owners, or the tenants in 
 44.10  possession of the premises or area in question of the existence 
 44.11  of the plant pests. 
 44.12     (e) If the commissioner determines that this chapter has 
 44.13  been violated, the commissioner may order that the nuisance, 
 44.14  infestation, infection, or plant pest be abated by whatever 
 44.15  means necessary, including, but not limited to, destruction, 
 44.16  confiscation, treatment, return shipment, or quarantine. 
 44.17     (f) The plant owner is liable for all costs associated with 
 44.18  a stop order or a quarantine, treatment, or destruction of 
 44.19  plants.  The commissioner is not liable for any actual or 
 44.20  incidental costs incurred by a person due to authorized actions 
 44.21  of the commissioner.  The commissioner must be reimbursed by the 
 44.22  owner of plants for actual expenses incurred by the commissioner 
 44.23  in carrying out a stop order. 
 44.24     Sec. 12.  [18H.13] [SHIPMENT OF NURSERY STOCK INTO 
 44.25  MINNESOTA.] 
 44.26     Subdivision 1.  [LABELING.] Plants, plant materials, or 
 44.27  nursery stock distributed into Minnesota must be conspicuously 
 44.28  labeled on the exterior with the name of the consignor, the 
 44.29  state of origin, and the name of the consignee and must be 
 44.30  accompanied by certification documents to satisfy all applicable 
 44.31  state and federal quarantines.  Proof of valid nursery 
 44.32  certification must also accompany the shipment.  It is the 
 44.33  shared responsibility of both the consignee and consignor to 
 44.34  examine all shipments for the presence of current and applicable 
 44.35  nursery stock certifications for all plant material from all 
 44.36  sources of stock in each shipment.  
 45.1      Subd. 2.  [RECIPROCITY.] A person residing outside the 
 45.2   state may distribute nursery stock in Minnesota if: 
 45.3      (1) the person is duly certified under the nursery laws of 
 45.4   the state where the nursery stock originates and the laws of 
 45.5   that state are essentially equivalent to the laws of Minnesota 
 45.6   as determined by the commissioner; and 
 45.7      (2) the person complies with this chapter and the rules 
 45.8   governing nursery stock distributed in Minnesota. 
 45.9      Subd. 3.  [RECIPROCAL AGREEMENTS.] The commissioner may 
 45.10  cooperate with and enter into reciprocal agreements with other 
 45.11  states regarding licensing and movement of nursery stock.  
 45.12  Reciprocal agreements with other states do not prevent the 
 45.13  commissioner from prohibiting the distribution in Minnesota of 
 45.14  any nursery stock that fails to meet minimum criteria for 
 45.15  nursery stock of Minnesota certified growers, dealers, or both.  
 45.16  An official directory of certified nurseries and related nursery 
 45.17  industry businesses from other states is acceptable in lieu of 
 45.18  individual nursery certificates. 
 45.19     Subd. 4.  [FOREIGN NURSERY STOCK.] A person receiving a 
 45.20  shipment of nursery stock from a foreign country that has not 
 45.21  been inspected and released by the United States Department of 
 45.22  Agriculture at the port of entry must notify the commissioner of 
 45.23  the arrival of the shipment, its contents, and the name of the 
 45.24  consignor.  The person must hold the shipment unopened until 
 45.25  inspected or released by the commissioner. 
 45.26     Subd. 5.  [TRANSPORTATION COMPANIES.] A person who acts as 
 45.27  the representative of a transportation company, private carrier, 
 45.28  commercial shipper, common carrier, express parcel carrier, or 
 45.29  other transportation entity, and receives, ships, or otherwise 
 45.30  distributes a carload, box, container, or any package of plants, 
 45.31  plant materials, or nursery stock, that does not have all 
 45.32  required certificates attached as required or fails to 
 45.33  immediately notify the commissioner is in violation of this 
 45.34  chapter. 
 45.35     Sec. 13.  [18H.14] [LABELING AND ADVERTISING OF NURSERY 
 45.36  STOCK.] 
 46.1      (a) Plants, plant materials, or nursery stock must not be 
 46.2   labeled or advertised with false or misleading information 
 46.3   including, but not limited to, scientific name, variety, place 
 46.4   of origin, hardiness zone as defined by the United States 
 46.5   Commissioner of Agriculture, and growth habit. 
 46.6      (b) A person may not offer for distribution plants, plant 
 46.7   materials, or nursery stock, represented by some specific or 
 46.8   special form of notation, including, but not limited to, "free 
 46.9   from" or "grown free of," unless the plants are produced under a 
 46.10  specific program approved by the commissioner to address the 
 46.11  specific plant properties addressed in the special notation 
 46.12  claim. 
 46.13     Sec. 14.  [18H.15] [VIOLATIONS.] 
 46.14     (a) A person who offers to distribute nursery stock that is 
 46.15  uncertified, uninspected, or falsely labeled or advertised 
 46.16  possesses an illegal regulated commodity that is considered 
 46.17  infested or infected with harmful plant pests and subject to 
 46.18  regulatory action and control.  If the commissioner determines 
 46.19  that the provisions of this section have been violated, the 
 46.20  commissioner may order the destruction of all of the plants 
 46.21  unless the person: 
 46.22     (1) provides proper phytosanitary preclearance, 
 46.23  phytosanitary certification, or nursery stock certification; 
 46.24     (2) agrees to have the plants, plant materials, or nursery 
 46.25  stock returned to the consignor; and 
 46.26     (3) provides proper documentation, certification, or 
 46.27  compliance to support advertising claims. 
 46.28     (b) The plant owner is liable for all costs associated with 
 46.29  a withdrawal-from-distribution order or the quarantine, 
 46.30  treatment, or destruction of plants.  The commissioner is not 
 46.31  liable for actual or incidental costs incurred by a person due 
 46.32  to the commissioner's actions.  The commissioner must be 
 46.33  reimbursed by the owner of the plants for the actual expenses 
 46.34  incurred in carrying out a withdrawal-from-distribution order or 
 46.35  the quarantine, treatment, or destruction of any plants. 
 46.36     (c) It is unlawful for a person to: 
 47.1      (1) misrepresent, falsify, or knowingly distribute, sell, 
 47.2   advertise, or display damaged, mislabeled, misrepresented, 
 47.3   infested, or infected nursery stock; 
 47.4      (2) fail to obtain a nursery certificate as required by the 
 47.5   commissioner; 
 47.6      (3) fail to renew a nursery certificate, but continue 
 47.7   business operations; 
 47.8      (4) fail to display a nursery certificate; 
 47.9      (5) misrepresent or falsify a nursery certificate; 
 47.10     (6) refuse to submit to a nursery inspection; 
 47.11     (7) fail to provide the cooperation necessary to conduct a 
 47.12  successful nursery inspection; 
 47.13     (8) offer for sale uncertified plants, plant materials, or 
 47.14  nursery stock; 
 47.15     (9) possess an illegal regulated commodity; 
 47.16     (10) violate or disobey a commissioner's order; 
 47.17     (11) violate a quarantine issued by the commissioner; 
 47.18     (12) fail to obtain phytosanitary certification for plant 
 47.19  material or nursery stock brought into Minnesota; 
 47.20     (13) deface, mutilate, or destroy a nursery stock 
 47.21  certificate, phytosanitary certificate, or phytosanitary 
 47.22  preclearance certificate, or other commissioner mark, permit or 
 47.23  certificate; 
 47.24     (14) fail to notify the commissioner of an uncertified 
 47.25  shipment of plants, plant materials, or nursery stock; or 
 47.26     (15) transport uncertified plants, plant materials, or 
 47.27  nursery stock in Minnesota. 
 47.28     Sec. 15.  [18H.16] [POLITICAL SUBDIVISION ORDINANCES.] 
 47.29     A political subdivision must not enact an ordinance or 
 47.30  resolution that conflicts with this chapter. 
 47.31     Sec. 16.  [18H.17] [CONSERVATION OF CERTAIN WILDFLOWERS.] 
 47.32     Subdivision 1.  [RESTRICTIONS ON COLLECTING.] No person 
 47.33  shall distribute the state flower (Cypripedium reginae), or any 
 47.34  species of lady slipper (Cypripedieae), or any member of the 
 47.35  orchid family, any gentian (Gentiana), arbutus (epigaea repens), 
 47.36  lily (Lilium), coneflower (Echinacea), bloodroot (Sanguinaria 
 48.1   Canadensis), mayapple (Podophyllum peltatum), any species of 
 48.2   trillium, or lotus (Nelumbo lutea), which have been collected in 
 48.3   any manner from any public or private property without the 
 48.4   written permission of the property owner.  
 48.5      Subd. 2.  [COLLECTION WITHOUT SALE.] Wildflower collection 
 48.6   from public or private land for the purpose of transplanting the 
 48.7   plants to a person's private property and not offering for 
 48.8   immediate sale, requires the written permission from the 
 48.9   property owner of the land on which the wildflowers are growing. 
 48.10     Subd. 3.  [COLLECTION WITH INTENT TO SELL OR DISTRIBUTE 
 48.11  WILDFLOWERS.] (a) The wildflowers listed in this section may be 
 48.12  offered for immediate sale only if the plants are to be used for 
 48.13  scientific or herbarium purposes. 
 48.14     (b) The wildflowers listed in this section must not be 
 48.15  collected and sold commercially unless the plants are: 
 48.16     (1) growing naturally, collected, and cultivated on the 
 48.17  collector's property; or 
 48.18     (2) collected through the process described in subdivision 
 48.19  2 and transplanted and cultivated on the collector's property. 
 48.20     (c) The collector must obtain a written permit from the 
 48.21  commissioner before the plants may be offered for commercial 
 48.22  sale. 
 48.23                             ARTICLE 3 
 48.24                              SEED LAW 
 48.25     Section 1.  Minnesota Statutes 2002, section 21.81, is 
 48.26  amended by adding a subdivision to read: 
 48.27     Subd. 7a.  [DORMANT.] "Dormant" means viable seed, 
 48.28  exclusive of hard seed, that fail to germinate under the 
 48.29  specified germination conditions for the kind of seed. 
 48.30     Sec. 2.  Minnesota Statutes 2002, section 21.81, 
 48.31  subdivision 8, is amended to read: 
 48.32     Subd. 8.  [FLOWER SEEDS.] "Flower seeds" includes seeds of 
 48.33  herbaceous plants grown for their blooms, ornamental foliage, or 
 48.34  other ornamental parts and commonly known and sold under the 
 48.35  name of flower seeds in this state.  This does not include 
 48.36  native or introduced wildflowers. 
 49.1      Sec. 3.  Minnesota Statutes 2002, section 21.81, is amended 
 49.2   by adding a subdivision to read: 
 49.3      Subd. 10a.  [HARD SEED.] "Hard seed" means seeds that 
 49.4   remain hard at the end of the prescribed test period because 
 49.5   they have not absorbed water due to an impermeable seed coat. 
 49.6      Sec. 4.  Minnesota Statutes 2002, section 21.81, is amended 
 49.7   by adding a subdivision to read: 
 49.8      Subd. 11a.  [INERT MATTER.] "Inert matter" means all matter 
 49.9   that is not seed, including broken seeds, sterile florets, 
 49.10  chaff, fungus bodies, and stones as determined by methods 
 49.11  defined by rule. 
 49.12     Sec. 5.  Minnesota Statutes 2002, section 21.81, is amended 
 49.13  by adding a subdivision to read: 
 49.14     Subd. 16a.  [NATIVE WILDFLOWER.] "Native wildflower" means 
 49.15  a kind, type, or variety of wildflower derived from wildflowers 
 49.16  that are indigenous to North America. 
 49.17     Sec. 6.  Minnesota Statutes 2002, section 21.81, is amended 
 49.18  by adding a subdivision to read: 
 49.19     Subd. 17b.  [ORIGIN.] "Origin," for an indigenous stand of 
 49.20  trees, means the area on which the trees are growing and, for a 
 49.21  nonindigenous stand, the place from which the seed or plants 
 49.22  were originally introduced.  "Origin" for agricultural and 
 49.23  vegetable seed is the area where the seed was produced and for 
 49.24  native grasses and forbs it is the area where the original seed 
 49.25  was harvested. 
 49.26     Sec. 7.  Minnesota Statutes 2002, section 21.81, is amended 
 49.27  by adding a subdivision to read: 
 49.28     Subd. 17c.  [OTHER CROP SEED.] "Other crop seed" means seed 
 49.29  of plants grown as crops, other than the kind of variety 
 49.30  included in the pure seed, as determined by methods defined by 
 49.31  rule. 
 49.32     Sec. 8.  Minnesota Statutes 2002, section 21.81, is amended 
 49.33  by adding a subdivision to read: 
 49.34     Subd. 17d.  [PERSON.] "Person" means an individual, firm, 
 49.35  corporation, partnership, association, trust, joint stock 
 49.36  company, or unincorporated organization, the state, a state 
 50.1   agency, or a political subdivision. 
 50.2      Sec. 9.  Minnesota Statutes 2002, section 21.82, is amended 
 50.3   to read: 
 50.4      21.82 [LABEL REQUIREMENTS; AGRICULTURAL, VEGETABLE, OR 
 50.5   FLOWER, OR WILDFLOWER SEEDS.] 
 50.6      Subdivision 1.  [FORM.] Each container of agricultural, 
 50.7   vegetable, or flower, or wildflower seed which is offered for 
 50.8   sale for sowing purposes shall must bear or have attached in a 
 50.9   conspicuous place a plainly written or printed label or tag in 
 50.10  the English language giving the information required by this 
 50.11  section.  This statement shall must not be modified or denied in 
 50.12  the labeling or on another label attached to the container.  
 50.13     Subd. 2.  [CONTENT.] For agricultural, vegetable, or 
 50.14  flower, or wildflower seeds offered for sale as agricultural 
 50.15  seed, except as otherwise provided in subdivisions 4, 5, and 
 50.16  6, 7 and 8, the label shall must contain:  
 50.17     (a) The name of the kind or kind and variety for each 
 50.18  agricultural or vegetable seed component in excess of five 
 50.19  percent of the whole and the percentage by weight of each in 
 50.20  order of its predominance.  The commissioner shall by rule 
 50.21  designate the kinds that are required to be labeled as to 
 50.22  variety.  If the variety of those kinds generally labeled as to 
 50.23  variety is not stated and it is not required to be stated, the 
 50.24  label shall show the name of the kind and the words:  "Variety 
 50.25  not stated."  The heading "pure seed" must be indicated on the 
 50.26  seed label in close association with other required label 
 50.27  information.  
 50.28     (1) The percentage that is hybrid shall be at least 95 
 50.29  percent of the percentage of pure seed shown unless the 
 50.30  percentage of pure seed which is hybrid seed is shown 
 50.31  separately.  If two or more kinds or varieties are present in 
 50.32  excess of five percent and are named on the label, each that is 
 50.33  hybrid shall be designated as hybrid on the label.  Any one kind 
 50.34  or kind and variety that has pure seed which is less than 95 
 50.35  percent but more than 75 percent hybrid seed as a result of 
 50.36  incompletely controlled pollination in a cross shall be labeled 
 51.1   to show the percentage of pure seed that is hybrid seed or a 
 51.2   statement such as "contains from 75 percent to 95 percent hybrid 
 51.3   seed."  No one kind or variety of seed shall be labeled as 
 51.4   hybrid if the pure seed contains less than 75 percent hybrid 
 51.5   seed.  The word hybrid shall be shown on the label in 
 51.6   conjunction with the kind.  
 51.7      (2) Blends shall be listed on the label using the term 
 51.8   "blend" in conjunction with the kind.  
 51.9      (3) Mixtures shall be listed on the label using the term 
 51.10  "mixture," "mix," or "mixed."  
 51.11     (b) Lot number or other lot identification.  
 51.12     (c) Origin, if known, or that the origin is unknown.  
 51.13     (d) Percentage by weight of all weed seeds present in 
 51.14  agricultural, vegetable, or flower seed.  This percentage may 
 51.15  not exceed one percent.  If weed seeds are not present in 
 51.16  vegetable or flower seeds, The heading "weed seeds seed" may be 
 51.17  omitted from the label must be indicated on the seed label in 
 51.18  close association with other required label information.  
 51.19     (e) Name and rate of occurrence per pound of each kind of 
 51.20  restricted noxious weed seeds present.  They shall must be 
 51.21  listed under the heading "noxious weed seeds."  If noxious weed 
 51.22  seeds are not present in vegetable or flower seeds, the heading 
 51.23  "noxious weed seeds" may be omitted from the label in close 
 51.24  association with other required label information.  
 51.25     (f) Percentage by weight of agricultural, vegetable, or 
 51.26  flower seeds other than those kinds and varieties required to be 
 51.27  named on the label.  They shall must be listed under the heading 
 51.28  "other crop."  If "other crop" seeds are not present in 
 51.29  vegetable or flower seeds, the heading "other crop" may be 
 51.30  omitted from the label in close association with other required 
 51.31  label information.  
 51.32     (g) Percentage by weight of inert matter.  The heading 
 51.33  "inert matter" must be indicated on the seed label in close 
 51.34  association with other required label information.  
 51.35     (h) Net weight of contents, to appear on either the 
 51.36  container or the label, except that in the case of vegetable or 
 52.1   flower seed containers with contents of 200 seeds or less, a 
 52.2   statement indicating the number of seeds in the container may be 
 52.3   listed along with or in lieu of the net weight of contents.  
 52.4      (i) For each named agricultural or vegetable kind or 
 52.5   variety of seed:  
 52.6      (1) percentage of germination, exclusive of hard or dormant 
 52.7   seed or both; 
 52.8      (2) percentage of hard or dormant seed or both, if present; 
 52.9   and 
 52.10     (3) the calendar month and year the percentages were 
 52.11  determined by test or the statement "Sell by (month and year)" 
 52.12  which may not be more than 12 months from the date of test, 
 52.13  exclusive of the month of test.  
 52.14  The headings for "germination" and "hard seed or dormant seed" 
 52.15  percentages must be stated separately on the seed label.  A 
 52.16  separate percentage derived from combining these percentages may 
 52.17  also be stated on the seed label, but the heading for this 
 52.18  percentage must be "total germination and hard seed or dormant 
 52.19  seed when applicable."  They must not be stated as "total live 
 52.20  seed," "total germination," or in any other unauthorized manner. 
 52.21     (j) Name and address of the person who labeled the seed or 
 52.22  who sells the seed within this state, or a code number which has 
 52.23  been registered with the commissioner.  
 52.24     Subd. 3.  [TREATED SEED.] For all named agricultural, 
 52.25  vegetable, or flower, or wildflower seeds which are treated, for 
 52.26  which a separate label may be used, the label shall must contain:
 52.27     (a) (1) a word or statement to indicate that the seed has 
 52.28  been treated; 
 52.29     (b) (2) the commonly accepted, coined, chemical, or 
 52.30  abbreviated generic chemical name of the applied substance; 
 52.31     (c) (3) the caution statement "Do not use for food, feed, 
 52.32  or oil purposes" if the substance in the amount present with the 
 52.33  seed is harmful to human or other vertebrate animals; 
 52.34     (d) (4) in the case of mercurials or similarly toxic 
 52.35  substances, a poison statement and symbol; 
 52.36     (e) (5) a word or statement describing the process used 
 53.1   when the treatment is not of pesticide origin; and 
 53.2      (f) (6) the date beyond which the inoculant is considered 
 53.3   ineffective if the seed is treated with an inoculant.  It shall 
 53.4   must be listed on the label as "inoculant:  expires (month and 
 53.5   year)" or wording that conveys the same meaning.  
 53.6      Subd. 4.  [HYBRID SEED CORN.] For hybrid seed corn purposes 
 53.7   a label shall must contain:  
 53.8      (a) (1) a statement indicating the number of seeds in the 
 53.9   container may be listed along with or in lieu of the net weight 
 53.10  of contents; and 
 53.11     (b) (2) for each variety of hybrid seed field corn, the day 
 53.12  classification as determined by the originator or owner.  The 
 53.13  day classification shall must approximate the number of days of 
 53.14  growing season necessary from emergence of the corn plant above 
 53.15  ground to relative maturity and shall conform to the day 
 53.16  classification established by the director of the Minnesota 
 53.17  agricultural experiment station for the appropriate zone.  
 53.18     Subd. 5.  [GRASS SEED.] For grass seed and mixtures of 
 53.19  grass seeds intended for lawn and turf purposes, the 
 53.20  requirements in clauses paragraphs (a) to (c) and (b) must be 
 53.21  met.  
 53.22     (a) The label shall must contain the percentage by weight 
 53.23  of inert matter, up to ten percent by weight except for those 
 53.24  kinds specified by rule.  The percentage by weight of foreign 
 53.25  material not common to grass seed must be listed as a separate 
 53.26  item in close association with the inert matter 
 53.27  percentage statement "Sell by (month and year listed here)" 
 53.28  which may be no more than 15 months from the date of test, 
 53.29  exclusive of the month of test.  
 53.30     (b) If the seed contains no "other crop" seed, the 
 53.31  following statement may be used and may be flagged:  "contains 
 53.32  no other crop seed."  
 53.33     (c) When grass seeds are sold outside their original 
 53.34  containers, the labeling requirements are met if the seed is 
 53.35  weighed from a properly labeled container in the presence of the 
 53.36  purchaser.  
 54.1      Subd. 6.  [COATED AGRICULTURAL SEEDS.] For coated 
 54.2   agricultural seeds the label shall must contain:  
 54.3      (a) (1) percentage by weight of pure seeds with coating 
 54.4   material removed; 
 54.5      (b) (2) percentage by weight of coating material shown as a 
 54.6   separate item in close association with the percentage of inert 
 54.7   matter; and 
 54.8      (c) (3) percentage of germination determined on 400 pellets 
 54.9   with or without seeds.  
 54.10     Subd. 7.  [VEGETABLE SEEDS.] For vegetable seeds prepared 
 54.11  for use in home gardens or household plantings the requirements 
 54.12  in clauses paragraphs (a) to (d) (p) apply.  The origin may be 
 54.13  omitted from the label.  Vegetable seeds packed for sale in 
 54.14  commercial quantities to farmers, conservation groups, and other 
 54.15  similar entities are considered agricultural seeds and must be 
 54.16  labeled accordingly.  
 54.17     (a) The label shall must contain the following: name of the 
 54.18  kind or kind and variety for each seed component in excess of 
 54.19  five percent of the whole and the percentage by weight of each 
 54.20  in order of its predominance.  If the variety of those kinds 
 54.21  generally labeled as to variety is not stated and it is not 
 54.22  required to be stated, the label must show the name of the kind 
 54.23  and the words "Variety not stated." 
 54.24     (b) The percentage that is hybrid must be at least 95 
 54.25  percent of the percentage of pure seed shown unless the 
 54.26  percentage of pure seed which is hybrid seed is shown 
 54.27  separately.  If two or more kinds of varieties are present in 
 54.28  excess of five percent and are named on the label, each that is 
 54.29  hybrid must be designated as hybrid on the label.  Any one kind 
 54.30  or kind and variety that has pure seed that is less than 95 
 54.31  percent but more than 75 percent hybrid seed as a result of 
 54.32  incompletely controlled pollination in a cross must be labeled 
 54.33  to show the percentage of pure seed that is hybrid seed or a 
 54.34  statement such as "contains from 75 percent to 95 percent hybrid 
 54.35  seed."  No one kind or variety of seed may be labeled as hybrid 
 54.36  if the pure seed contains less than 75 percent hybrid seed.  The 
 55.1   word "hybrid" must be shown on the label in conjunction with the 
 55.2   kind. 
 55.3      (c) Blends must be listed on the label using the term 
 55.4   "blend" in conjunction with the kind. 
 55.5      (d) Mixtures shall be listed on the label using the term 
 55.6   "mixture," "mix," or "mixed." 
 55.7      (e) The label must show a lot number or other lot 
 55.8   identification. 
 55.9      (f) The origin may be omitted from the label.  
 55.10     (1) (g) The label must show the year for which the seed was 
 55.11  packed for sale listed as "packed for (year)," or for seed with 
 55.12  a percentage of germination that exceeds the standard last 
 55.13  established by the commissioner, the percentage of germination 
 55.14  and the calendar month and year that the percentages were 
 55.15  determined by test; and, or the calendar month and year the 
 55.16  germination test was completed and the statement "Sell by (month 
 55.17  and year listed here)," which may be no more than 12 months from 
 55.18  the date of test, exclusive of the month of test. 
 55.19     (2) (h) For vegetable seeds which germinate less than the 
 55.20  standard last established by the commissioner, the label must 
 55.21  show:  
 55.22     (i) (1) a percentage of germination, exclusive of hard or 
 55.23  dormant seed or both; 
 55.24     (ii) (2) a percentage of hard or dormant seed or both, if 
 55.25  present; and 
 55.26     (iii) (3) the words "below standard" in not less than eight 
 55.27  point type and the month and year the percentages were 
 55.28  determined by test. 
 55.29     (i) The net weight of the contents must appear on either 
 55.30  the container or the label, except that for containers with 
 55.31  contents of 200 seeds or less a statement indicating the number 
 55.32  of seeds in the container may be listed along with or in lieu of 
 55.33  the net weight of contents.  
 55.34     (b) (j) The heading for and percentage by weight of pure 
 55.35  seed may be omitted from a label if the total is more than 90 
 55.36  percent. 
 56.1      (k) The heading for and percentage by weight of weed seed 
 56.2   may be omitted from a label if they are not present in the seed. 
 56.3      (l) The heading "noxious weed seeds" may be omitted from a 
 56.4   label if they are not present in the seed. 
 56.5      (m) The heading for and percentage by weight of other crop 
 56.6   seed may be omitted from a label if it is less than five percent.
 56.7      (c) (n) The heading for and percentage by weight of inert 
 56.8   matter may be omitted from a label if it is less than ten 
 56.9   percent. 
 56.10     (o) The label must contain the name and address of the 
 56.11  person who labeled the seed or who sells the seed in this state 
 56.12  or a code number that has been registered with the commissioner. 
 56.13     (d) (p) The labeling requirements for vegetable seeds 
 56.14  prepared for use in home gardens or household plantings when 
 56.15  sold outside their original containers are met if the seed is 
 56.16  weighed from a properly labeled container in the presence of the 
 56.17  purchaser.  
 56.18     Subd. 8.  [FLOWER SEEDS.] (a) All flower seed labels shall 
 56.19  contain: For flower and wildflower seeds prepared for use in 
 56.20  home gardens or household plantings, the requirements in 
 56.21  paragraphs (a) to (l) apply.  Flower and wildflower seeds packed 
 56.22  for sale in commercial quantities to farmers, conservation 
 56.23  groups, and other similar entities are considered agricultural 
 56.24  seeds and must be labeled accordingly.  
 56.25     (1) (a) The label must contain the name of the kind and 
 56.26  variety or a statement of type and performance characteristics 
 56.27  as prescribed by rules; rule. 
 56.28     (b) The percentage that is hybrid must be at least 95 
 56.29  percent of the percentage of pure seed shown unless the 
 56.30  percentage of pure seed which is hybrid seed is shown 
 56.31  separately.  If two or more kinds of varieties are present in 
 56.32  excess of five percent and are named on the label, each that is 
 56.33  hybrid must be designated as hybrid on the label.  Any one kind 
 56.34  or kind and variety that has pure seed that is less than 95 
 56.35  percent but more than 75 percent hybrid seed as a result of 
 56.36  incompletely controlled pollination in a cross must be labeled 
 57.1   to show the percentage of pure seed that is hybrid seed or a 
 57.2   statement such as "contains from 75 percent to 95 percent hybrid 
 57.3   seed."  No one kind or variety of seed may be labeled as hybrid 
 57.4   if the pure seed contains less than 75 percent hybrid seed.  The 
 57.5   word "hybrid" must be shown on the label in conjunction with the 
 57.6   kind. 
 57.7      (c) Blends must be listed on the label using the term 
 57.8   "blend" in conjunction with the kind. 
 57.9      (d) Mixtures must be listed on the label using the term 
 57.10  "mixture," "mix," or "mixed." 
 57.11     (e) The label must contain the lot number or other lot 
 57.12  identification. 
 57.13     (f) The origin may be omitted from the label. 
 57.14     (2) (g) The label must contain the year for which the seed 
 57.15  was packed for sale listed as "packed for (year)," or for seed 
 57.16  with a percentage of germination that exceeds the standard last 
 57.17  established by the commissioner, the percentage of germination 
 57.18  and the calendar month and year that the percentage was 
 57.19  percentages were determined by test; and, or the calendar month 
 57.20  and year the germination test was completed and the statement 
 57.21  "sell by (month and year listed here)," which may be no more 
 57.22  than 12 months from the date of test, exclusive of the month of 
 57.23  test. 
 57.24     (3) (h) For flower seeds which germinate less than the 
 57.25  standard last established by the commissioner, the label must 
 57.26  show:  
 57.27     (i) the (1) percentage of germination exclusive of hard or 
 57.28  dormant seed or both; and 
 57.29     (ii) (2) percentage of hard or dormant seed or both, if 
 57.30  present; and 
 57.31     (3) the words "below standard" in not less than eight point 
 57.32  type and the month and year this percentage was determined by 
 57.33  test.  
 57.34     (b) The origin may be omitted from the label. 
 57.35     (i) The label must show the net weight of contents on 
 57.36  either the container or the label, except that for containers 
 58.1   with contents of 200 seeds or less a statement indicating the 
 58.2   number of seeds in the container may be listed along with or in 
 58.3   lieu of the net weight of contents. 
 58.4      (c) (j) The heading for and percentage by weight of pure 
 58.5   seed may be omitted from a label if the total is more than 90 
 58.6   percent. 
 58.7      (k) The heading for and percentage by weight of weed seed 
 58.8   may be omitted from a label if they are not present in the seed. 
 58.9      (l) The heading "noxious weed seeds" may be omitted from a 
 58.10  label if they are not present in the seed. 
 58.11     (m) The heading for and percentage by weight of other crop 
 58.12  seed may be omitted from a label if it is less than five percent.
 58.13     (d) (n) The heading for and percentage by weight of inert 
 58.14  matter may be omitted from a label if it is less than ten 
 58.15  percent. 
 58.16     (o) The label must show the name and address of the person 
 58.17  who labeled the seed or who sells the seed within this state, or 
 58.18  a code number which has been registered with the commissioner.  
 58.19     Sec. 10.  Minnesota Statutes 2002, section 21.83, 
 58.20  subdivision 2, is amended to read: 
 58.21     Subd. 2.  [LABEL CONTENT.] For all tree or shrub seed 
 58.22  subject to this section the label shall contain:  
 58.23     (a) the common name of the species, and the subspecies if 
 58.24  appropriate; 
 58.25     (b) the scientific name of the genus and species, and the 
 58.26  subspecies if appropriate; 
 58.27     (c) the lot number or other lot identification; 
 58.28     (d) for seed collected from a predominantly indigenous 
 58.29  stand, the area of collection given by latitude and longitude, 
 58.30  or geographic description, or political subdivision such as 
 58.31  state or county; 
 58.32     (e) for seed collected from a predominantly nonindigenous 
 58.33  stand, the identity of the area of collection and the origin of 
 58.34  the stand or the words "origin not indigenous"; 
 58.35     (f) the elevation or the upper and lower limits of 
 58.36  elevation within which the seed was collected; 
 59.1      (g) the percentage of pure seed by weight; 
 59.2      (h) for those kinds of seed for which standard testing 
 59.3   procedures are prescribed:  
 59.4      (1) the percentage of germination exclusive of hard or 
 59.5   dormant seed; 
 59.6      (2) the percentage of hard or dormant seed, if present; and 
 59.7      (3) the calendar month and year the percentages were 
 59.8   determined by test; or 
 59.9      (4) in lieu of the requirements of clauses (1) to (3), the 
 59.10  seed may be labeled "test is in progress, results will be 
 59.11  supplied upon request"; 
 59.12     (i) for those species for which standard germination 
 59.13  testing procedures have not been prescribed by the commissioner, 
 59.14  the calendar year in which the seed was collected; and 
 59.15     (j) the name and address of the person who labeled the seed 
 59.16  or who sells the seed within this state.  
 59.17     Sec. 11.  Minnesota Statutes 2002, section 21.84, is 
 59.18  amended to read: 
 59.19     21.84 [RECORDS.] 
 59.20     Each person whose name appears on the label of 
 59.21  agricultural, vegetable, flower, wildflower, tree, or shrub 
 59.22  seeds subject to section 21.82 or 21.83 shall keep for three 
 59.23  years complete records of each lot of agricultural, vegetable, 
 59.24  flower, wildflower, tree, or shrub seed sold in this state and 
 59.25  shall keep for one year a file sample of each lot of seed after 
 59.26  disposition of the lot.  In addition, the grower shall have as a 
 59.27  part of the record a "genuine grower's declaration" or a "tree 
 59.28  seed collector's declaration."  
 59.29     Sec. 12.  Minnesota Statutes 2002, section 21.85, 
 59.30  subdivision 11, is amended to read: 
 59.31     Subd. 11.  [RULES.] The commissioner may make necessary 
 59.32  rules for the proper enforcement of sections 21.80 to 
 59.33  21.92 adopt rules under this chapter.  Existing rules shall 
 59.34  remain in effect unless permanent rules are made that supersede 
 59.35  them.  A violation of the rules is a violation of this chapter. 
 59.36     Sec. 13.  Minnesota Statutes 2002, section 21.85, 
 60.1   subdivision 13, is amended to read: 
 60.2      Subd. 13.  [SAMPLING EXPORT SEED.] The commissioner may 
 60.3   sample agricultural, vegetable, flower, wildflower, tree, or 
 60.4   shrub seeds which are destined for export to other countries, 
 60.5   and may establish and collect suitable fees from the exporter 
 60.6   for this service.  
 60.7      Sec. 14.  Minnesota Statutes 2002, section 21.86, is 
 60.8   amended to read: 
 60.9      21.86 [UNLAWFUL ACTS.] 
 60.10     Subdivision 1.  [PROHIBITIONS.] A person may not advertise 
 60.11  or sell any agricultural, vegetable, flower, or wildflower, tree 
 60.12  and, or shrub seed if:  
 60.13     (a) except as provided in clauses (1) to (3) (4), a test to 
 60.14  determine the percentage of germination required by sections 
 60.15  21.82 and 21.83 has not been completed within a nine-month 
 60.16  12-month period, exclusive of the calendar month in which the 
 60.17  test was completed or it is offered for sale beyond the sell by 
 60.18  date exclusive of the calendar month in which the seed was to 
 60.19  have been sold.  
 60.20     (1) when advertised or offered for sale as agricultural 
 60.21  seed, native grass and forb (wildflowers) seeds must have been 
 60.22  tested for percentage of germination as required by section 
 60.23  21.82 within a 14-month 15-month period, exclusive of the 
 60.24  calendar month in which the test was completed.; 
 60.25     (2) it is unlawful to offer cool season lawn and turf 
 60.26  grasses including Kentucky bluegrass, red fescue, chewings 
 60.27  fescue, hard fescue, tall fescue, perennial ryegrass, 
 60.28  intermediate ryegrass, annual ryegrass, colonial bent grass, 
 60.29  creeping bent grass, and mixtures or blends of those grasses, 
 60.30  for sale beyond the sell by date exclusive of the calendar month 
 60.31  in which the seed was to have been sold; 
 60.32     (3) this prohibition does not apply to tree, shrub, 
 60.33  agricultural, flower, wildflower, or vegetable seeds packaged in 
 60.34  hermetically sealed containers.  Seeds packaged in hermetically 
 60.35  sealed containers under the conditions defined by rule may be 
 60.36  offered for sale for a period of 36 months after the last day of 
 61.1   the month that the seeds were tested for germination prior to 
 61.2   packaging.; 
 61.3      (3) (4) if seeds in hermetically sealed containers are 
 61.4   offered for sale more than 36 months after the last day of the 
 61.5   month in which they were tested prior to packaging, they must be 
 61.6   retested within a nine-month period, exclusive of the calendar 
 61.7   month in which the retest was completed; 
 61.8      (b) it is not labeled in accordance with sections 21.82 and 
 61.9   21.83 or has false or misleading labeling; 
 61.10     (c) false or misleading advertisement has been used in 
 61.11  respect to its sale; 
 61.12     (d) it contains prohibited noxious weed seeds; 
 61.13     (e) it consists of or contains restricted noxious weed 
 61.14  seeds in excess of 25 seeds per pound or in excess of the number 
 61.15  declared on the label attached to the container of the seed or 
 61.16  associated with the seed; 
 61.17     (f) it contains more than one percent by weight of all weed 
 61.18  seeds; 
 61.19     (g) it contains less than the stated net weight of 
 61.20  contents; 
 61.21     (h) it contains less than the stated number of seeds in the 
 61.22  container; 
 61.23     (i) it contains any labeling, advertising, or other 
 61.24  representation subject to sections 21.82 and 21.83 representing 
 61.25  the seed to be certified unless:  
 61.26     (1) it has been determined by a seed certifying agency that 
 61.27  the seed conformed to standards of purity and identity as to 
 61.28  kind, species, subspecies, or variety, and also that tree seed 
 61.29  was found to be of the origin and elevation claimed, in 
 61.30  compliance with the rules pertaining to the seed; and 
 61.31     (2) the seed bears an official label issued for it by a 
 61.32  seed certifying agency stating that the seed is of a certified 
 61.33  class and a specified kind, species, subspecies, or variety; 
 61.34     (j) it is labeled with a variety name but not certified by 
 61.35  an official seed certifying agency when it is a variety for 
 61.36  which a United States certificate of plant variety protection 
 62.1   has been granted under United States Code, title 7, sections 
 62.2   2481 to 2486, specifying sale by variety name only as a class of 
 62.3   certified seed.  Seed from a certified lot may be labeled as to 
 62.4   variety name when used in a blend or mixture by or with approval 
 62.5   of the owner of the variety; or 
 62.6      (k) the person whose name appears on the label does not 
 62.7   have complete records including a file sample of each lot of 
 62.8   agricultural, vegetable, flower, tree or shrub seed sold in this 
 62.9   state as required in section 21.84. 
 62.10     Subd. 2.  [MISCELLANEOUS VIOLATIONS.] No person may:  
 62.11     (a) detach, alter, deface, or destroy any label required in 
 62.12  sections 21.82 and 21.83 or, alter or substitute seed in a 
 62.13  manner that may defeat the purposes of sections 21.82 and 21.83, 
 62.14  or alter or falsify any seed tests, laboratory reports, records, 
 62.15  or other documents to create a misleading impression as to kind, 
 62.16  variety, history, quality, or origin of the seed; 
 62.17     (b) hinder or obstruct in any way any authorized person in 
 62.18  the performance of duties under sections 21.80 to 21.92; 
 62.19     (c) fail to comply with a "stop sale" order or to move or 
 62.20  otherwise handle or dispose of any lot of seed held under a stop 
 62.21  sale order or attached tags, except with express permission of 
 62.22  the enforcing officer for the purpose specified; 
 62.23     (d) use the word "type" in any labeling in connection with 
 62.24  the name of any agricultural seed variety; 
 62.25     (e) use the word "trace" as a substitute for any statement 
 62.26  which is required; or 
 62.27     (f) plant any agricultural seed which the person knows 
 62.28  contains weed seeds or noxious weed seeds in excess of the 
 62.29  limits for that seed.  
 62.30     Sec. 15.  Minnesota Statutes 2002, section 21.88, is 
 62.31  amended to read: 
 62.32     21.88 [PENALTIES NOT TO APPLY.] 
 62.33     Subdivision 1.  [MISDEMEANOR; GROSS MISDEMEANOR.] A 
 62.34  violation of sections 21.80 to 21.92 or a rule adopted under 
 62.35  section 21.85 is a misdemeanor.  Each additional day of 
 62.36  violation is a separate offense.  A subsequent violation by a 
 63.1   person is a gross misdemeanor.  
 63.2      Subd. 2.  [UNLAWFUL PRACTICE.] In addition to other 
 63.3   penalties provided by law, a person who violates a provision of 
 63.4   sections 21.80 to 21.92 or a rule adopted under section 21.85 
 63.5   has committed an unlawful practice under sections 325F.68 and 
 63.6   325F.69 and is subject to the remedies provided in sections 8.31 
 63.7   and 325F.70.  
 63.8      Subd. 3.  [PENALTIES NOT TO APPLY.] A person is not subject 
 63.9   to the penalties in subdivision 1 or 2 for having sold seeds 
 63.10  which were incorrectly labeled or represented as to kind, 
 63.11  species, subspecies, if appropriate, variety, type, origin and 
 63.12  year, elevation or place of collection if required, if the seeds 
 63.13  cannot be identified by examination unless the person has failed 
 63.14  to obtain an invoice or genuine grower's or tree seed 
 63.15  collector's declaration or other labeling information and to 
 63.16  take other reasonable precautions to ensure the identity is as 
 63.17  stated.  
 63.18     Sec. 16.  Minnesota Statutes 2002, section 21.89, 
 63.19  subdivision 2, is amended to read: 
 63.20     Subd. 2.  [PERMITS; ISSUANCE AND REVOCATION.] The 
 63.21  commissioner shall issue a permit to the initial labeler of 
 63.22  agricultural, vegetable, or flower, and wildflower seeds which 
 63.23  are sold for use in Minnesota and which conform to and are 
 63.24  labeled under sections 21.80 to 21.92.  The categories of 
 63.25  permits are as follows: 
 63.26     (1) for initial labelers who sell 50,000 pounds or less of 
 63.27  agricultural seed each calendar year, an annual permit issued 
 63.28  for a fee established in section 21.891, subdivision 2, 
 63.29  paragraph (b); 
 63.30     (2) for initial labelers who sell vegetable, flower, and 
 63.31  wildflower seed packed for use in home gardens or household 
 63.32  plantings, an annual permit issued for a fee established in 
 63.33  section 21.891, subdivision 2, paragraph (c), based upon the 
 63.34  gross sales from the previous year; and 
 63.35     (3) for initial labelers who sell more than 50,000 pounds 
 63.36  of agricultural seed each calendar year, a permanent permit 
 64.1   issued for a fee established in section 21.891, subdivision 2, 
 64.2   paragraph (d). 
 64.3   In addition, the person shall furnish to the commissioner an 
 64.4   itemized statement of all seeds sold in Minnesota for the 
 64.5   periods established by the commissioner.  This statement shall 
 64.6   be delivered, along with the payment of the fee, based upon the 
 64.7   amount and type of seed sold, to the commissioner no later than 
 64.8   30 days after the end of each reporting period.  Any person 
 64.9   holding a permit shall show as part of the analysis labels or 
 64.10  invoices on all agricultural, vegetable, flower, wildflower, 
 64.11  tree, or shrub seeds all information the commissioner requires.  
 64.12  The commissioner may revoke any permit in the event of failure 
 64.13  to comply with applicable laws and rules. 
 64.14     Sec. 17.  Minnesota Statutes 2002, section 21.89, 
 64.15  subdivision 4, is amended to read: 
 64.16     Subd. 4.  [EXEMPTIONS.] An initial labeler who sells for 
 64.17  use in Minnesota agricultural, vegetable, or flower seeds must 
 64.18  have a seed fee permit unless:  
 64.19     (a) The person labels and sells less than 50,000 pounds of 
 64.20  agricultural seed in Minnesota each calendar year.  If more than 
 64.21  50,000 pounds are labeled and sold in Minnesota by any person, 
 64.22  the person must have a seed fee permit and pay fees on all seed 
 64.23  sold.  A person who labels and sells grass seeds and mixtures of 
 64.24  grass seeds intended for lawn or turf purposes is not exempted 
 64.25  from having a permit and paying seed fees on all seeds in this 
 64.26  category sold in Minnesota; or 
 64.27     (b) the agricultural, vegetable, or flower seeds are of the 
 64.28  breeder or foundation seed classes of varieties developed by 
 64.29  publicly financed research agencies intended for the purpose of 
 64.30  increasing the quantity of seed available.  
 64.31     Sec. 18.  [21.891] [MINNESOTA SEED LAW FEES.] 
 64.32     Subdivision 1.  [SAMPLING EXPORT SEED.] In accordance with 
 64.33  section 21.85, subdivision 13, the commissioner may, if 
 64.34  requested, sample seed destined for export to other countries.  
 64.35  The fee for sampling export seed is an hourly rate published 
 64.36  annually by the commissioner and it must be an amount sufficient 
 65.1   to recover the actual costs of the service provided. 
 65.2      Subd. 2.  [SEED FEE PERMITS.] (a) An initial labeler who 
 65.3   wishes to sell seed in Minnesota must comply with section 21.89, 
 65.4   subdivisions 1 and 2, and the procedures in this subdivision.  
 65.5   Each initial labeler who wishes to sell seed in Minnesota must 
 65.6   apply to the commissioner to obtain a permit.  The application 
 65.7   must contain the name and address of the applicant, the 
 65.8   application date, and the name and title of the applicant's 
 65.9   contact person. 
 65.10     (b) The application for a seed permit covered by section 
 65.11  21.89, subdivision 2, clause (1), must be accompanied by an 
 65.12  application fee of $50. 
 65.13     (c) The application for a seed permit covered by section 
 65.14  21.89, subdivision 2, clause (2), must be accompanied by an 
 65.15  application fee based on the level of annual gross sales as 
 65.16  follows: 
 65.17     (1) for gross sales of $0 to $25,000, the annual permit fee 
 65.18  is $50; 
 65.19     (2) for gross sales of $25,001 to $50,000, the annual 
 65.20  permit fee is $100; 
 65.21     (3) for gross sales of $50,001 to $100,000, the annual 
 65.22  permit fee is $200; 
 65.23     (4) for gross sales of $100,001 to $250,000, the annual 
 65.24  permit fee is $500; 
 65.25     (5) for gross sales of $250,001 to $500,000, the annual 
 65.26  permit fee is $1,000; and 
 65.27     (6) for gross sales of $500,001 and above, the annual 
 65.28  permit fee is $2,000. 
 65.29     (d) The application for a seed permit covered by section 
 65.30  21.89, subdivision 2, clause (3), must be accompanied by an 
 65.31  application fee of $50.  Initial labelers holding seed fee 
 65.32  permits covered under this paragraph need not apply for a new 
 65.33  permit or pay the application fee.  Under this permit category, 
 65.34  the fees for the following kinds of agricultural seed sold 
 65.35  either in bulk or containers are: 
 65.36     (1) oats, wheat, and barley, 6.3 cents per hundredweight; 
 66.1      (2) rye, field beans, soybeans, buckwheat, and flax, 8.4 
 66.2   cents per hundredweight; 
 66.3      (3) field corn, 29.4 cents per hundredweight; 
 66.4      (4) forage, lawn and turf grasses, and legumes, 49 cents 
 66.5   per hundredweight; 
 66.6      (5) sunflower, $1.40 per hundredweight; 
 66.7      (6) sugar beet, $3.29 per hundredweight; and 
 66.8      (7) for any agricultural seed not listed in clauses (1) to 
 66.9   (6), the fee for the crop most closely resembling it in normal 
 66.10  planting rate applies.  
 66.11     (e) If, for reasons beyond the control and knowledge of the 
 66.12  initial labeler, seed is shipped into Minnesota by a person 
 66.13  other than the initial labeler, the responsibility for the seed 
 66.14  fees are transferred to the shipper.  An application for a 
 66.15  transfer of this responsibility must be made to the 
 66.16  commissioner.  Upon approval by the commissioner of the 
 66.17  transfer, the shipper is responsible for payment of the seed 
 66.18  permit fees. 
 66.19     (f) Seed permit fees may be included in the cost of the 
 66.20  seed either as a hidden cost or as a line item cost on each 
 66.21  invoice for seed sold.  To identify the fee on an invoice, the 
 66.22  words "Minnesota seed permit fees" must be used. 
 66.23     (g) All seed fee permit holders must file semiannual 
 66.24  reports with the commissioner, even if no seed was sold during 
 66.25  the reporting period.  Each semiannual report must be submitted 
 66.26  within 30 days of the end of each reporting period.  The 
 66.27  reporting periods are October 1 to March 31 and April 1 to 
 66.28  September 30 of each year or July 1 to December 31 and January 1 
 66.29  to June 30 of each year.  Permit holders may change their 
 66.30  reporting periods with the approval of the commissioner. 
 66.31     (h) The holder of a seed fee permit must pay fees on all 
 66.32  seed for which the permit holder is the initial labeler and 
 66.33  which are covered by sections 21.80 to 21.92 and sold during the 
 66.34  reporting period. 
 66.35     (i) If a seed fee permit holder fails to submit a 
 66.36  semiannual report and pay the seed fee within 30 days after the 
 67.1   end of each reporting period, the commissioner shall assess a 
 67.2   penalty of $100 or eight percent, calculated on an annual basis, 
 67.3   of the fee due, whichever is greater, but no more than $500 for 
 67.4   each late semiannual report.  A $15 penalty must be charged when 
 67.5   the semiannual report is late, even if no fee is due for the 
 67.6   reporting period.  Seed fee permits may be revoked for failure 
 67.7   to comply with the applicable provisions of this paragraph or 
 67.8   the Minnesota seed law. 
 67.9      Subd. 3.  [HYBRID SEED CORN VARIETY REGISTRATION 
 67.10  FEE.] Until August 1, 2006, and in accordance with section 
 67.11  21.90, subdivision 2, the fee for the registration of each 
 67.12  hybrid seed corn variety or blend is $50, which must be paid at 
 67.13  the time of registration.  New hybrid seed corn variety 
 67.14  registrations received after March 1 and renewed registrations 
 67.15  of older varieties received after August 1 of each year have an 
 67.16  annual registration fee of $75 per variety. 
 67.17     Subd. 4.  [DISCONTINUATION OF REGISTRATION AND 
 67.18  TESTING.] The commissioner, in consultation with the Minnesota 
 67.19  agricultural experiment station, shall develop a standardized 
 67.20  testing method for labelers to determine relative maturity for 
 67.21  the hybrid seed corn sold in Minnesota.  Standards may be 
 67.22  developed without regard to chapter 14 and without complying 
 67.23  with section 14.386.  After development of the standardized 
 67.24  method, the registration and testing of hybrids sold in 
 67.25  Minnesota will no longer be required. 
 67.26     Subd. 5.  [BRAND NAME REGISTRATION FEE.] The fee is $25 for 
 67.27  each variety registered for sale by brand name. 
 67.28     Sec. 19.  Minnesota Statutes 2002, section 21.90, 
 67.29  subdivision 2, is amended to read: 
 67.30     Subd. 2.  [FEES.] A record of each new hybrid seed field 
 67.31  corn variety to be sold in Minnesota shall be registered with 
 67.32  the commissioner by February March 1 of each year by the 
 67.33  originator or owner.  Records of all other hybrid seed field 
 67.34  corn varieties sold in Minnesota shall be registered with the 
 67.35  commissioner by August 1 of each year by the originator or 
 67.36  owner.  The commissioner shall establish the annual fee for 
 68.1   registration for each variety.  The record shall include the 
 68.2   permanent designation of the hybrid as well as the day 
 68.3   classification and zone of adaptation, as determined under 
 68.4   subdivision 1, which the originator or owner declares to be the 
 68.5   zone in which the variety is adapted.  In addition, at the time 
 68.6   of the first registration of a hybrid seed field corn variety, 
 68.7   the originator or owner shall include a sworn statement that the 
 68.8   declaration of the zone of adaptation was based on actual field 
 68.9   trials in that zone and that the field trials substantiate the 
 68.10  declaration as to the day and zone classifications to which the 
 68.11  variety is adapted.  The name or number used to designate a 
 68.12  hybrid seed field corn variety in the registration is the only 
 68.13  name of all seed corn covered by or sold under that registration.
 68.14     Sec. 20.  Minnesota Statutes 2002, section 21.90, 
 68.15  subdivision 3, is amended to read: 
 68.16     Subd. 3.  [TESTS OF VARIETIES TRANSFER OF MONEY.] If the 
 68.17  commissioner needs to verify that a hybrid seed field corn 
 68.18  variety is adapted to the corn growing zone declared by the 
 68.19  originator or owner, it must, when grown in several official 
 68.20  comparative trials by the director of the Minnesota agricultural 
 68.21  experiment station in the declared zone of adaptation, have an 
 68.22  average kernel moisture at normal harvest time which does not 
 68.23  differ from the average kernel moisture content of three or more 
 68.24  selected standard varieties adapted for grain production in that 
 68.25  particular growing zone by more than four percentage points.  If 
 68.26  a new variety when tested has more than six percentage points of 
 68.27  moisture over the standard variety, it must have the relative 
 68.28  maturity increased by five days in the correct zone of 
 68.29  adaptation before it can be sold the second year.  If it does 
 68.30  not exceed the standard varieties by more than five percentage 
 68.31  points of moisture the second year tested, it can be sold the 
 68.32  third year with the same relative maturity.  If upon being 
 68.33  tested the third year the moisture percentage points are found 
 68.34  to be over the four percentage points allowed, the variety then 
 68.35  must have the relative maturity increased by five days in the 
 68.36  correct zone.  The varieties to be used as standard varieties 
 69.1   for determining adaptability to a zone shall be selected for 
 69.2   each zone by the director of the Minnesota agricultural 
 69.3   experiment station with the advice and consent of the 
 69.4   commissioner of agriculture.  Should a person, firm, originator, 
 69.5   or owner of a hybrid seed field corn variety wish to offer 
 69.6   hybrid seed for sale or distribution in this state, the person, 
 69.7   firm, originator, or owner not having distributed any products 
 69.8   in Minnesota during the past ten years, or not having any record 
 69.9   of testing by an agency acceptable to the commissioner, then 
 69.10  after registration of the variety the commissioner is required 
 69.11  to have the variety tested for one year by the director of the 
 69.12  Minnesota agricultural experiment station before it may be 
 69.13  distributed in Minnesota.  Should any person, firm, originator, 
 69.14  or owner of a seed field corn variety be guilty of two 
 69.15  successive violations with respect to the declaration of 
 69.16  relative maturity date and zone number, then the violator must 
 69.17  commence a program of pretesting for varieties as determined by 
 69.18  the commissioner.  The list of varieties to be used as standards 
 69.19  in each growing zone shall be sent by the commissioner not later 
 69.20  than February 1 of each year to each seed firm registering 
 69.21  hybrid varieties with the commissioner as of the previous April 
 69.22  1.  To assist in defraying the expenses of the Minnesota 
 69.23  agricultural experiment station in carrying out the provisions 
 69.24  of this section, there shall be transferred annually from the 
 69.25  seed inspection account to the agricultural experiment station a 
 69.26  sum which shall at least equal 80 60 percent of the total 
 69.27  revenue from all hybrid seed field corn variety registrations.  
 69.28     Sec. 21.  Minnesota Statutes 2002, section 21.901, is 
 69.29  amended to read: 
 69.30     21.901 [BRAND NAME REGISTRATION.] 
 69.31     The owner or originator of a variety of nonhybrid seed that 
 69.32  is to be sold in this state must annually register the variety 
 69.33  with the commissioner if the variety is to be sold only under a 
 69.34  brand name.  The registration must include the brand name and 
 69.35  the variety of seed.  The brand name for a blend or mixture need 
 69.36  not be registered. 
 70.1      The fee is $15 for each variety registered for sale by 
 70.2   brand name. 
 70.3      Sec. 22.  [REPEALER.] 
 70.4      Minnesota Statutes 2002, section 21.85, subdivisions 1, 3, 
 70.5   4, 5, 6, 7, 8, and 9, are repealed.  Minnesota Statutes, 
 70.6   sections 21.891, subdivisions 3 and 4, as added by this article, 
 70.7   and 21.90, are repealed August 1, 2006. 
 70.8                              ARTICLE 4 
 70.9                      INSPECTION AND ENFORCEMENT 
 70.10     Section 1.  [18J.01] [DEFINITIONS.] 
 70.11     (a) The definitions in sections 18G.02 and 18H.02 apply to 
 70.12  this chapter. 
 70.13     (b) For purposes of this chapter, "associated rules" means 
 70.14  rules adopted under this chapter, chapter 18G or 18H, or 
 70.15  sections 21.80 to 21.92. 
 70.16     Sec. 2.  [18J.02] [DUTIES OF COMMISSIONER.] 
 70.17     The commissioner shall administer and enforce this chapter, 
 70.18  chapters 18G and 18H, sections 21.80 to 21.92, and associated 
 70.19  rules. 
 70.20     Sec. 3.  [18J.03] [CIVIL LIABILITY.] 
 70.21     A person regulated by this chapter, chapter 18G or 18H, or 
 70.22  sections 21.80 to 21.92, is civilly liable for any violation of 
 70.23  one of those statutes or associated rules by the person's 
 70.24  employee or agent. 
 70.25     Sec. 4.  [18J.04] [INSPECTION, SAMPLING, ANALYSIS.] 
 70.26     Subdivision 1.  [ACCESS AND ENTRY.] The commissioner, upon 
 70.27  presentation of official department credentials, must be granted 
 70.28  immediate access at reasonable times to sites where a person 
 70.29  manufactures, distributes, uses, handles, disposes of, stores, 
 70.30  or transports seeds, plants, or other living or nonliving 
 70.31  products or other objects regulated under chapter 18G or 18H, 
 70.32  sections 21.80 to 21.92, or associated rules. 
 70.33     Subd. 2.  [PURPOSE OF ENTRY.] (a) The commissioner may 
 70.34  enter sites for:  
 70.35     (1) inspection of inventory and equipment for the 
 70.36  manufacture, storage, handling, distribution, disposal, or any 
 71.1   other process regulated under chapter 18G or 18H, sections 21.80 
 71.2   to 21.92, or associated rules; 
 71.3      (2) sampling of sites, seeds, plants, products, or other 
 71.4   living or nonliving objects that are manufactured, stored, 
 71.5   distributed, handled, or disposed of at those sites and 
 71.6   regulated under chapter 18G or 18H, sections 21.80 to 21.92, or 
 71.7   associated rules; 
 71.8      (3) inspection of records related to the manufacture, 
 71.9   distribution, storage, handling, or disposal of seeds, plants, 
 71.10  products, or other living or nonliving objects regulated under 
 71.11  chapter 18G or 18H, sections 21.80 to 21.92, or associated 
 71.12  rules; 
 71.13     (4) investigating compliance with chapter 18G or 18H, 
 71.14  sections 21.80 to 21.92, or associated rules; or 
 71.15     (5) other purposes necessary to implement chapter 18G or 
 71.16  18H, sections 21.80 to 21.92, or associated rules. 
 71.17     (b) The commissioner may enter any public or private 
 71.18  premises during or after regular business hours without notice 
 71.19  of inspection when a suspected violation of chapter 18G or 18H, 
 71.20  sections 21.80 to 21.92, or associated rules may threaten public 
 71.21  health or the environment. 
 71.22     Subd. 3.  [NOTICE OF INSPECTION SAMPLES AND ANALYSES.] (a) 
 71.23  The commissioner shall provide the owner, operator, or agent in 
 71.24  charge with a receipt describing any samples obtained.  If 
 71.25  requested, the commissioner shall split any samples obtained and 
 71.26  provide them to the owner, operator, or agent in charge.  If an 
 71.27  analysis is made of the samples, a copy of the results of the 
 71.28  analysis must be furnished to the owner, operator, or agent in 
 71.29  charge within 30 days after an analysis has been performed.  If 
 71.30  an analysis is not performed, the commissioner must notify the 
 71.31  owner, operator, or agent in charge within 30 days of the 
 71.32  decision not to perform the analysis. 
 71.33     (b) The sampling and analysis must be done according to 
 71.34  methods provided for under applicable provisions of chapter 18G 
 71.35  or 18H, sections 21.80 to 21.92, or associated rules.  In cases 
 71.36  not covered by those sections and methods or in cases where 
 72.1   methods are available in which improved applicability has been 
 72.2   demonstrated the commissioner may adopt appropriate methods from 
 72.3   other sources. 
 72.4      Subd. 4.  [INSPECTION REQUESTS BY OTHERS.] (a) A person who 
 72.5   believes that a violation of chapter 18G or 18H, sections 21.80 
 72.6   to 21.92, or associated rules has occurred may request an 
 72.7   inspection by giving notice to the commissioner of the 
 72.8   violation.  The notice must be in writing, state with reasonable 
 72.9   particularity the grounds for the notice, and be signed by the 
 72.10  person making the request. 
 72.11     (b) If after receiving a notice of violation the 
 72.12  commissioner reasonably believes that a violation has occurred, 
 72.13  the commissioner shall make a special inspection in accordance 
 72.14  with the provisions of this section as soon as practicable, to 
 72.15  determine if a violation has occurred. 
 72.16     (c) An inspection conducted pursuant to a notice under this 
 72.17  subdivision may cover an entire site and is not limited to the 
 72.18  portion of the site specified in the notice.  If the 
 72.19  commissioner determines that reasonable grounds to believe that 
 72.20  a violation occurred do not exist, the commissioner must notify 
 72.21  the person making the request in writing of the determination. 
 72.22     Subd. 5.  [ORDER TO ENTER AFTER REFUSAL.] After a refusal 
 72.23  or an anticipated refusal based on a prior refusal to allow 
 72.24  entrance on a prior occasion by an owner, operator, or agent in 
 72.25  charge to allow entry as specified in this section, the 
 72.26  commissioner may apply for an order in the district court in the 
 72.27  county where a site is located, that compels a person with 
 72.28  authority to allow the commissioner to enter and inspect the 
 72.29  site. 
 72.30     Subd. 6.  [VIOLATOR LIABLE FOR INSPECTION COSTS.] (a) The 
 72.31  cost of reinspection and reinvestigation may be assessed by the 
 72.32  commissioner if the person subject to an order of the 
 72.33  commissioner does not comply with the order in a reasonable time 
 72.34  as provided in the order. 
 72.35     (b) The commissioner may enter an order for recovery of the 
 72.36  inspection and investigation costs. 
 73.1      Subd. 7.  [INVESTIGATION AUTHORITY.] (a) In making 
 73.2   inspections under this chapter, the commissioner may administer 
 73.3   oaths, certify official acts, issue subpoenas to take and cause 
 73.4   to be taken depositions of witnesses, and compel the attendance 
 73.5   of witnesses and production of papers, books, documents, 
 73.6   records, and testimony. 
 73.7      (b) If a person fails to comply with a subpoena, or a 
 73.8   witness refuses to produce evidence or to testify to a matter 
 73.9   about which the person may be lawfully questioned, the district 
 73.10  court shall, on application of the commissioner, compel 
 73.11  obedience proceedings for contempt, as in the case of 
 73.12  disobedience of the requirements of a subpoena issued by the 
 73.13  court or a refusal to testify in court. 
 73.14     Sec. 5.  [18J.05] [ENFORCEMENT.] 
 73.15     Subdivision 1.  [ENFORCEMENT REQUIRED.] (a) A violation of 
 73.16  chapter 18G or 18H, sections 21.80 to 21.92, or an associated 
 73.17  rule is a violation of this chapter. 
 73.18     (b) Upon the request of the commissioner, county attorneys, 
 73.19  sheriffs, and other officers having authority in the enforcement 
 73.20  of the general criminal laws must take action to the extent of 
 73.21  their authority necessary or proper for the enforcement of 
 73.22  chapter 18G or 18H, sections 21.80 to 21.92, or associated rules 
 73.23  or valid orders, standards, stipulations, and agreements of the 
 73.24  commissioner. 
 73.25     Subd. 2.  [COMMISSIONER'S DISCRETION.] If minor violations 
 73.26  of chapter 18G or 18H, sections 21.80 to 21.92, or associated 
 73.27  rules occur or the commissioner believes the public interest 
 73.28  will be best served by a suitable notice of warning in writing, 
 73.29  this section does not require the commissioner to: 
 73.30     (1) report the violation for prosecution; 
 73.31     (2) institute seizure proceedings; or 
 73.32     (3) issue a withdrawal from distribution, stop-sale, or 
 73.33  other order. 
 73.34     Subd. 3.  [CIVIL ACTIONS.] Civil judicial enforcement 
 73.35  actions may be brought by the attorney general in the name of 
 73.36  the state on behalf of the commissioner.  A county attorney may 
 74.1   bring a civil judicial enforcement action upon the request of 
 74.2   the commissioner and agreement by the attorney general. 
 74.3      Subd. 4.  [INJUNCTION.] The commissioner may apply to a 
 74.4   court with jurisdiction for a temporary or permanent injunction 
 74.5   to prevent, restrain, or enjoin violations of this chapter. 
 74.6      Subd. 5.  [CRIMINAL ACTIONS.] For a criminal action, the 
 74.7   county attorney from the county where a criminal violation 
 74.8   occurred is responsible for prosecuting a violation of this 
 74.9   chapter.  If the county attorney refuses to prosecute, the 
 74.10  attorney general on request of the commissioner may prosecute. 
 74.11     Subd. 6.  [AGENT FOR SERVICE OF PROCESS.] All persons 
 74.12  licensed, permitted, registered, or certified under chapter 18G 
 74.13  or 18H, sections 21.80 to 21.92, or associated rules as 
 74.14  individuals must appoint the commissioner as the agent upon whom 
 74.15  all legal process may be served and service upon the 
 74.16  commissioner is deemed to be service on the licensee, permittee, 
 74.17  registrant, or certified person. 
 74.18     Sec. 6.  [18J.06] [FALSE STATEMENT OR RECORD.] 
 74.19     A person must not knowingly make or offer a false 
 74.20  statement, record, or other information as part of: 
 74.21     (1) an application for registration, license, 
 74.22  certification, or permit under chapter 18G or 18H, sections 
 74.23  21.80 to 21.92, or associated rules; 
 74.24     (2) records or reports required under chapter 18G or 18H, 
 74.25  sections 21.80 to 21.92, or associated rules; or 
 74.26     (3) an investigation of a violation of chapter 18G or 18H, 
 74.27  sections 21.80 to 21.92, or associated rules. 
 74.28     Sec. 7.  [18J.07] [ADMINISTRATIVE ACTION.] 
 74.29     Subdivision 1.  [ADMINISTRATIVE REMEDIES.] The commissioner 
 74.30  make seek to remedy violations by a written warning, 
 74.31  administrative meeting, cease and desist, stop-use, stop-sale, 
 74.32  removal, correction order, or an order, seizure, stipulation, or 
 74.33  agreement, if the commissioner determines that the remedy is in 
 74.34  the public interest. 
 74.35     Subd. 2.  [REVOCATION AND SUSPENSION.] The commissioner 
 74.36  may, after written notice and hearing, revoke, suspend, or 
 75.1   refuse to grant or renew a registration, permit, license, or 
 75.2   certification if a person violates this chapter or has a history 
 75.3   within the last three years of violation of this chapter. 
 75.4      Subd. 3.  [CANCELLATION OF REGISTRATION, PERMIT, LICENSE, 
 75.5   CERTIFICATION.] The commissioner may cancel or revoke a 
 75.6   registration, permit, license, or certification provided for 
 75.7   under chapter 18G or 18H, sections 21.80 to 21.92, or associated 
 75.8   rules or refuse to register, permit, license, or certify under 
 75.9   provisions of chapter 18G or 18H, sections 21.80 to 21.92, or 
 75.10  associated rules if the registrant, permittee, licensee, or 
 75.11  certified person has used fraudulent or deceptive practices in 
 75.12  the evasion or attempted evasion of a provision of chapter 18G 
 75.13  or 18H, sections 21.80 to 21.92, or associated rules. 
 75.14     Subd. 4.  [SERVICE OF ORDER OR NOTICE.] (a) If a person is 
 75.15  not available for service of an order, the commissioner may 
 75.16  attach the order to the facility, site, seed or seed container, 
 75.17  plant or other living or nonliving object regulated under 
 75.18  chapter 18G or 18H, sections 21.80 to 21.92, or associated rules 
 75.19  and notify the owner, custodian, other responsible party, or 
 75.20  registrant. 
 75.21     (b) The seed, seed container, plant, or other living or 
 75.22  nonliving object regulated under chapter 18G or 18H, sections 
 75.23  21.80 to 21.92, or associated rules may not be sold, used, 
 75.24  tampered with, or removed until released under conditions 
 75.25  specified by the commissioner, by an administrative law judge, 
 75.26  or by a court. 
 75.27     Subd. 5.  [UNSATISFIED JUDGMENTS.] (a) An applicant for a 
 75.28  license, permit, registration, or certification under provisions 
 75.29  of this chapter, chapter 18G or 18H, sections 21.80 to 21.92, or 
 75.30  associated rules may not allow a final judgment against the 
 75.31  applicant for damages arising from a violation of those statutes 
 75.32  or rules to remain unsatisfied for a period of more than 30 days.
 75.33     (b) Failure to satisfy, within 30 days, a final judgment 
 75.34  resulting from a violation of this chapter results in automatic 
 75.35  suspension of the license, permit, registration, or 
 75.36  certification. 
 76.1      Sec. 8.  [18J.08] [APPEALS OF COMMISSIONER'S ORDERS.] 
 76.2      Subdivision 1.  [NOTICE OF APPEAL.] (a) After service of an 
 76.3   order, a person has 45 days from receipt of the order to notify 
 76.4   the commissioner in writing that the person intends to contest 
 76.5   the order. 
 76.6      (b) If the person fails to notify the commissioner that the 
 76.7   person intends to contest the order, the order is a final order 
 76.8   of the commissioner and not subject to further judicial or 
 76.9   administrative review. 
 76.10     Subd. 2.  [ADMINISTRATIVE REVIEW.] If a person notifies the 
 76.11  commissioner that the person intends to contest an order issued 
 76.12  under this section, the state office of administrative hearings 
 76.13  must conduct a hearing in accordance with the applicable 
 76.14  provisions of chapter 14 for hearings in contested cases. 
 76.15     Subd. 3.  [JUDICIAL REVIEW.] Judicial review of a final 
 76.16  decision in a contested case is available as provided in chapter 
 76.17  14. 
 76.18     Sec. 9.  [18J.09] [CREDITING OF PENALTIES, FEES, AND 
 76.19  COSTS.] 
 76.20     Penalties, cost reimbursements, fees, and other money 
 76.21  collected under this chapter must be deposited into the state 
 76.22  treasury and credited to the appropriate nursery and 
 76.23  phytosanitary or seed account. 
 76.24     Sec. 10.  [18J.10] [CIVIL PENALTIES.] 
 76.25     Subdivision 1.  [GENERAL PENALTY.] Except as provided in 
 76.26  subdivision 2, a person who violates this chapter or an order, 
 76.27  standard, stipulation, agreement, or schedule of compliance of 
 76.28  the commissioner is subject to a civil penalty of up to $7,500 
 76.29  per day of violation as determined by the court. 
 76.30     Subd. 2.  [DEFENSE TO CIVIL REMEDIES AND DAMAGES.] As a 
 76.31  defense to a civil penalty or claim for damages under 
 76.32  subdivision 1, the defendant may prove that the violation was 
 76.33  caused solely by an act of God, an act of war, or an act or 
 76.34  failure to act that constitutes sabotage or vandalism, or any 
 76.35  combination of these defenses. 
 76.36     Subd. 3.  [ACTIONS TO COMPEL PERFORMANCE.] In an action to 
 77.1   compel performance of an order of the commissioner to enforce a 
 77.2   provision of this chapter, the court may require a defendant 
 77.3   adjudged responsible to perform the acts within the person's 
 77.4   power that are reasonably necessary to accomplish the purposes 
 77.5   of the order. 
 77.6      Subd. 4.  [RECOVERY OF PENALTIES BY CIVIL ACTION.] The 
 77.7   civil penalties and payments provided for in this chapter may be 
 77.8   recovered by a civil action brought by the county attorney or 
 77.9   the attorney general in the name of the state. 
 77.10     Sec. 11.  [18J.11] [CRIMINAL PENALTIES.] 
 77.11     Subdivision 1.  [GENERAL VIOLATION.] Except as provided in 
 77.12  subdivisions 2 and 3, a person is guilty of a misdemeanor if the 
 77.13  person violates this chapter or an order, standard, stipulation, 
 77.14  agreement, or schedule of compliance of the commissioner. 
 77.15     Subd. 2.  [VIOLATION ENDANGERING HUMANS.] A person is 
 77.16  guilty of a gross misdemeanor if the person violates this 
 77.17  chapter or an order, standard, stipulation, agreement, or 
 77.18  schedule of compliance of the commissioner, and the violation 
 77.19  endangers humans. 
 77.20     Subd. 3.  [VIOLATION WITH KNOWLEDGE.] A person is guilty of 
 77.21  a gross misdemeanor if the person knowingly violates this 
 77.22  chapter or an order, standard, stipulation, agreement, or 
 77.23  schedule of compliance of the commissioner. 
 77.24                             ARTICLE 5 
 77.25                       MISCELLANEOUS CHANGES 
 77.26     Section 1.  [REPEALER.] 
 77.27     Minnesota Statutes 2002, sections 17.23; 18.012; 18.021; 
 77.28  18.022; 18.0223; 18.0225; 18.0227; 18.0228; 18.0229; 18.023; 
 77.29  18.024; 18.041; 18.051; 18.061; 18.071; 18.081; 18.091; 18.101; 
 77.30  18.111; 18.121; 18.131; 18.141; 18.151; 18.161; 18.331; 18.332; 
 77.31  18.333; 18.334; 18.335; 18.44; 18.45; 18.46; 18.47; 18.48; 
 77.32  18.49; 18.50; 18.51; 18.52; 18.525; 18.53; 18.54; 18.55; 18.56; 
 77.33  18.57; 18.59; 18.60; 18.61; and 18.85; and Minnesota Rules, part 
 77.34  1510.0281, are repealed.