1.1 	A bill for an act
1.2 	relating to agriculture; changing application of
1.3 	certain penalties; changing certain procedures and
1.4 	time limits; changing certain penalties; amending
1.5 	Minnesota Statutes 2004, sections 17.982, subdivision
1.6 	1; 17.983, subdivisions 1, 3; 31.032, subdivision 1;
1.7 	31A.10; repealing Minnesota Statutes 2004, sections
1.8 	17.983, subdivision 2.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 17.982,
1.11 	subdivision 1, is amended to read:
1.12 		Subdivision 1.Criminal penalties.  A person who violates
1.13 	a provision of chapter 28A,29, 31, 31A, 31B, or 34 for which a
1.14 	penalty has not been prescribed is guilty of a misdemeanor.

1.15 	Sec. 2. Minnesota Statutes 2004, section 17.983,
1.16 	subdivision 1, is amended to read:
1.17 		Subdivision 1.Administrative penalties; citation.  If a
1.18 	person has violated chapter 28A,29, 31, 31A, 31B, 32, or 34,
1.19 	the commissioner may issue a written citation to the person by
1.20 	personal service or by certified mail.  The citation shall must 
1.21 	describe the nature of the violation and the statute or rule
1.22 	alleged to have been violated; state the time for correction;
1.23 	and the amount of any proposed fine.  The citation must advise
1.24 	the person to notify the commissioner in writing within 30 days
1.25 	if the person wishes to appeal the citation.  If the person
1.26 	fails to appeal the citation, the citation is the final order
1.27 	and not subject to further review.

2.1 	Sec. 3. Minnesota Statutes 2004, section 17.983,
2.2 	subdivision 3, is amended to read:
2.3 		Subd. 3.Contested case.  If a person appeals a citation
2.4 	or a penalty assessment within the time limits in
2.5 	subdivisions subdivision 1 and 2, the commissioner, within 40
2.6 	days after receiving the appeal,shall initiate a contested
2.7 	proceeding under chapter 14.  The report of the administrative
2.8 	law judge is the final decision of the commissioner of
2.9 	agriculture.

2.10 	Sec. 4. Minnesota Statutes 2004, section 31.032,
2.11 	subdivision 1, is amended to read:
2.12 		Subdivision 1.misdemeanor penalty. Any A person who
2.13 	violates any of the provisions a provision of section 31.02,
2.14 	paragraph (d), (e), (f), (g), (h), or (l),is guilty of a
2.15 	misdemeanor. A person who violates any other provision of
2.16 	section 31.02 is guilty of a gross misdemeanor.

2.17 	Sec. 5. Minnesota Statutes 2004, section 31A.10, is
2.18 	amended to read:
2.19 	31A.10 PROHIBITIONS; PENALTY.
2.20 	(a) No person may, with respect to an animal, carcass, part
2.21 	of a carcass, poultry, poultry food product, meat, or meat food
2.22 	product:
2.23 	(1) slaughter an animal or prepare an article that is
2.24 	usable as human food, at any establishment preparing articles
2.25 	solely for intrastate commerce, except in compliance with this
2.26 	chapter;
2.27 	(2) sell, transport, offer for sale or transportation, or
2.28 	receive for transportation, in intrastate commerce (i) articles
2.29 	which are usable as human food and are adulterated or misbranded
2.30 	at the time of sale, transportation, offer for sale or
2.31 	transportation, or receipt for transportation; or (ii) articles
2.32 	required to be inspected under sections 31A.01 to 31A.16 that
2.33 	have not been inspected and passed;
2.34 	(3) do something to an article that is usable as human food
2.35 	while the article is being transported in intrastate commerce or
2.36 	held for sale after transportation, which is intended to cause
3.1 	or has the effect of causing the article to be adulterated or
3.2 	misbranded; or
3.3 	(4) sell, offer for sale, or possess with intent to sell
3.4 	meat derived from custom processing.
3.5 	(b) A violation of this section is a gross misdemeanor.

3.6 	Sec. 6. REPEALER.
 3.7 	Minnesota Statutes 2004, section 17.983, subdivision 2, is
3.8 	repealed.