1.1 	A bill for an act
1.2 	relating to agriculture; changing certain compensation requirements; authorizing 
1.3 	certain testing; expanding a camping requirement; providing for personal 
1.4 	responsibility in food consumption; requiring studies; eliminating a reporting 
1.5 	requirement; amending Minnesota Statutes 2004, sections 3.737, subdivision 1; 
1.6 	3.7371, subdivision 3; Minnesota Statutes 2005 Supplement, sections 35.05; 
1.7 	327.201; proposing coding for new law in Minnesota Statutes, chapter 604; 
1.8 	repealing Minnesota Statutes 2004, section 17.10.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 3.737, subdivision 1, is amended to read:
1.11 		Subdivision 1.Compensation required. (a) Notwithstanding section  3.736, 
1.12 	subdivision 3, paragraph (e), or any other law, a livestock owner shall be compensated 
1.13 	by the commissioner of agriculture for livestock that is destroyed by a gray wolf or is so 
1.14 	crippled by a gray wolf that it must be destroyed. Except as provided in this section, the 
1.15 	owner is entitled to the fair market value of the destroyed livestock as determined by the 
1.16 	commissioner, upon recommendation of a university extension agent or a conservation 
1.17 	officer. In any calendar year, a livestock owner may not be compensated for a destroyed 
1.18 	animal claim that is less than $100 in value and may be compensated up to $20,000 per 
1.19 	claim, as determined under this section. In any calendar year, the commissioner may 
1.20 	provide compensation for claims filed pursuant to this section and section 3.7371 to a total 
1.21 	of $100,000 for both programs combined.
1.22 	(b) Either the agent or the conservation officer must make a personal inspection of 
1.23 	the site. The agent or the conservation officer must take into account factors in addition to 
1.24 	a visual identification of a carcass when making a recommendation to the commissioner. 
1.25 	The commissioner, upon recommendation of the agent or conservation officer, shall 
1.26 	determine whether the livestock was destroyed by a gray wolf and any deficiencies in the 
2.1 	owner's adoption of the best management practices developed in subdivision 5. The 
2.2 	commissioner may authorize payment of claims only if the agent or the conservation 
2.3 	officer has recommended payment. The owner shall file a claim on forms provided by the 
2.4 	commissioner and available at the university extension agent's office.

2.5 	Sec. 2. Minnesota Statutes 2004, section 3.7371, subdivision 3, is amended to read:
2.6 		Subd. 3.Compensation. The crop owner is entitled to the target price or the 
2.7 	market price, whichever is greater, of the damaged or destroyed crop plus adjustments 
2.8 	for yield loss determined according to agricultural stabilization and conservation service 
2.9 	programs for individual farms, adjusted annually, as determined by the commissioner, 
2.10 	upon recommendation of the county extension agent for the owner's county. The 
2.11 	commissioner, upon recommendation of the agent, shall determine whether the crop 
2.12 	damage or destruction is caused by elk and, if so, the amount of the crop that is damaged 
2.13 	or destroyed. In any calendar year, a crop owner may not be compensated for a damaged 
2.14 	or destroyed crop that is less than $100 in value and may be compensated up to $20,000, 
2.15 	as determined under this section, if normal harvest procedures for the area are followed. In 
2.16 	any calendar year, the commissioner may provide compensation for claims filed pursuant 
2.17 	to this section and section 3.737 to a total of $100,000 for both programs combined.

2.18 	Sec. 3. Minnesota Statutes 2005 Supplement, section 35.05, is amended to read:
2.19 	35.05 AUTHORITY OF STATE BOARD.
2.20 	(a) The state board may quarantine or kill any domestic animal infected with, or 
2.21 	which has been exposed to, a contagious or infectious dangerous disease if it is necessary 
2.22 	to protect the health of the domestic animals of the state.
2.23 	(b) The board may regulate or prohibit the arrival in and departure from the state of 
2.24 	infected or exposed animals and, in case of violation of any rule or prohibition, may detain 
2.25 	any animal at its owner's expense. The board may regulate or prohibit the importation of 
2.26 	domestic animals which, in its opinion, may injure the health of Minnesota livestock.
2.27 	(c) When the governor declares an emergency under section 35.0661, the board, 
2.28 	through its executive director, may assume control of such resources within the University 
2.29 	of Minnesota's Veterinary Diagnostic Laboratory as necessary to effectively address the 
2.30 	disease outbreak. The director of the laboratory and other laboratory personnel must 
2.31 	cooperate fully in performing necessary functions related to the outbreak or threatened 
2.32 	outbreak.
2.33 	(d) The board may test or require tests of any bovine or cervidae in the state when 
2.34 	the board deems it necessary to achieve or maintain bovine tuberculosis accredited free 
3.1 	state or zone status under the regulations and laws administered by the United States 
3.2 	Department of Agriculture.
3.3 	(e) Rules adopted by the board under authority of this chapter must be published in 
3.4 	the State Register.

3.5 	Sec. 4. Minnesota Statutes 2005 Supplement, section 327.201, is amended to read:
3.6 	327.201 STATE FAIR CAMPING AREA.
3.7 	Notwithstanding sections 327.14 to 327.28 or any rule adopted by the commissioner 
3.8 	of health, the State Agricultural Society must operate and maintain a camping area on the 
3.9 	State Fairgrounds during the State Fair and the Minnesota Street Rod Association's "Back 
3.10 	to the 50s" event, subject to the following conditions:
3.11 	(1) recreational camping vehicles and tents, including their attachments, must be 
3.12 	separated from each other and from other structures by at least seven feet;
3.13 	(2) a minimum area of 300 square feet per site must be provided and the total number 
3.14 	of sites must not exceed one site for every 300 square feet of usable land area; and
3.15 	(3) each site must face a driveway at least 16 feet in width and each driveway must 
3.16 	have unobstructed access to a public roadway.

3.17 	Sec. 5. [604.17] PERSONAL RESPONSIBILITY IN FOOD CONSUMPTION 
3.18 	ACT.
3.19 		Subdivision 1.Title. This section may be cited as the Personal Responsibility in 
3.20 	Food Consumption Act.
3.21 		Subd. 2.Definitions. (a) For purposes of this section, the following terms have 
3.22 	the meanings given.
3.23 	(b) "Long-term consumption" means the cumulative effect of  the consumption of 
3.24 	food or nonalcoholic beverages, and not the effect of a single instance of consumption.
3.25 	(c) "Party" means an individual, corporation, company, association, firm, partnership, 
3.26 	society, joint stock company, or any other entity, including any governmental entity.
3.27 		Subd. 3.Immunity from civil liability. A producer, grower, manufacturer, packer, 
3.28 	distributor, carrier, holder, marketer, or seller of a food or nonalcoholic beverage intended 
3.29 	for human consumption, or an association of one or more of such entities, shall not be 
3.30 	subject to civil liability based on any individual's or group of individuals' purchase or 
3.31 	consumption of food or nonalcoholic beverages in cases where liability arises from weight 
3.32 	gain or obesity resulting from the individual's or group of individuals' long-term purchase 
3.33 	or consumption of a food or nonalcoholic beverage.
4.1 		Subd. 4.Actions permitted. Subdivision 3 does not apply to a claim of weight 
4.2 	gain or obesity that is based on:
4.3 	(1) a material violation of an adulteration or misbranding requirement prescribed 
4.4 	by state or federal statute, rule, or regulation and the claimed injury was proximately 
4.5 	caused by the  violation; or
4.6 	(2) any other material violation of federal or state law applicable to the 
4.7 	manufacturing, marketing, distribution, advertising, labeling, or sale of food and the 
4.8 	claimed injury was proximately caused by the violation.

4.9 	EFFECTIVE DATE. This section is effective the day following final enactment 
4.10 	and applies to any action brought by any party on or after the effective date.

4.11 	Sec. 6. ENERGY AND CONSERVATION; STUDY.
 4.12 	The commissioner of agriculture, in consultation with the Minnesota Resource 
4.13 	Conservation and Development Council, the Board of Water and Soil Resources, and the 
4.14 	commissioner of natural resources, shall study the feasibility of developing energy sources 
4.15 	as they relate to land enrolled under federal farm programs or under state easement 
4.16 	programs in Minnesota. The commissioner shall submit a report, with findings and 
4.17 	recommendations, to the governor and the legislature by February 15, 2007.

4.18 	Sec. 7. UNIVERSITY OF MINNESOTA LICENSING AND MINNESOTA 
4.19 	MARKET IMPACT STUDY.
 4.20 	The University of Minnesota is requested to establish a task force to study the 
4.21 	market impact on Minnesota producers of agricultural products from the University of 
4.22 	Minnesota licensing germplasm and to make recommendations to the legislature and the 
4.23 	Board of Regents on ways to mitigate any negative impacts on Minnesota businesses that 
4.24 	arise from University of Minnesota license agreements. The task force must include a 
4.25 	representative of the University of Minnesota Extension Service serving as the chair, and 
4.26 	representatives of the Minnesota Farm Bureau, the Minnesota Farmers Union, agricultural 
4.27 	commodity organizations, the Minnesota Apple Growers Association, the Minnesota Fruit 
4.28 	and Vegetable Growers Association, the Minnesota Nursery Landscape Association, the 
4.29 	Minnesota Department of Agriculture, and the Minnesota grown program. Members 
4.30 	serve on the task force on a voluntary basis. The chair may also invite participation from 
4.31 	other staff and faculty of the University of Minnesota as necessary to fulfill the purpose 
4.32 	of the task force. The task force must report to the committees of the legislature with 
4.33 	responsibility for higher education no later than January 15, 2007.

5.1 	Sec. 8.  REPEALER.
 5.2 	Minnesota Statutes 2004, section 17.10, is repealed.