HF 3810

2nd Engrossment - 84th Legislature (2005 - 2006)

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

A bill for an act
relating to appropriations; appropriating money and supplementing and reducing
appropriations for agriculture; modifying certain programs; establishing the
Minnesota Agricultural Fertilizer Research and Education Council and grant
program; providing for apiary inspections; modifying State Fair camping
provisions; creating the Personal Responsibility in Food Consumption Act;
requiring studies; repealing regulation of beekeeping; amending Minnesota
Statutes 2004, sections 3.737, subdivision 1; 3.7371, subdivision 3; 18C.305,
by adding a subdivision; 28A.15, subdivision 4; Minnesota Statutes 2005
Supplement, sections 35.05; 327.201; proposing coding for new law in
Minnesota Statutes, chapters 17; 18C; 604; repealing Minnesota Statutes 2004,
sections 17.10; 19.50, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 13,
14, 15, 17, 18; 19.51, subdivisions 1, 2; 19.52; 19.53; 19.55; 19.56; 19.561;
19.57; 19.58, subdivisions 1, 2, 4, 5, 9; 19.59; 19.61, subdivision 1; 19.63; 19.65;
Minnesota Statutes 2005 Supplement, section 19.64, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin SUPPLEMENTAL APPROPRIATIONS. new text end

new text begin The appropriations in this act are added to or, if shown in parentheses, subtracted
from the appropriations enacted into law by the legislature in 2005, or other specified law,
to the named agencies and for the specified programs or activities. The sums shown
are appropriated from the general fund, or another named fund, to be available for the
fiscal years indicated; 2006 is the fiscal year ending June 30, 2006, 2007 is the fiscal year
ending June 30, 2007, and the biennium is fiscal years 2006 and 2007. Supplementary
appropriations and reductions to appropriations for the fiscal year ending June 30, 2006,
are effective the day following final enactment.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2006 new text end		new text begin 2007 new text end

Sec. 2. DEPARTMENT OF AGRICULTURE

new text begin Subdivision 1. new text end new text begin Total Appropriations new text end

new text begin $ new text end

new text begin 27,000 new text end

new text begin $ new text end

new text begin 360,000 new text end

new text begin Summary by Fund new text end
new text begin General Fund new text end	new text begin 27,000 new text end	new text begin 360,000 new text end

new text begin The amounts that may be spent for each
activity are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Invasive species control new text end

new text begin $105,000 in 2007 is for invasive species
control activities.
new text end

new text begin Subd. 3. new text end new text begin Livestock depredation and crop damage new text end

new text begin $40,000 in 2006 and $53,000 in 2007 is to
make compensation payments for livestock
depredation and crop damage.
new text end

new text begin Subd. 4. new text end new text begin Biofuels new text end

new text begin $75,000 in 2007 is for promotion of greater
public and private use of biofuels and other
renewable energy products that can be made
in Minnesota to replace petroleum sources.
new text end

new text begin Subd. 5. new text end new text begin Plant pathology new text end

new text begin $140,000 in 2007 is for plant pathology and
biological control facility operations.
new text end

new text begin Subd. 6. new text end new text begin Apiary registration new text end

new text begin ($13,000) in 2006 and ($13,000) in 2007 is
reduced from the appropriation for apiary
registration.
new text end

Sec. 3. BOARD OF ANIMAL HEALTH

new text begin $277,000 in 2006 and $360,000 in 2007
is to eliminate bovine tuberculosis from
cattle herds in Minnesota. This is a onetime
appropriation.
new text end

Sec. 4.

Minnesota Statutes 2004, section 3.737, subdivision 1, is amended to read:

Subdivision 1.

Compensation required.

(a) Notwithstanding section 3.736,
subdivision 3, paragraph (e), or any other law, a livestock owner shall be compensated
by the commissioner of agriculture for livestock that is destroyed by a gray wolf or is so
crippled by a gray wolf that it must be destroyed. new text begin Except as provided in this section, new text end the
owner is entitled to the fair market value of the destroyed livestock as determined by the
commissioner, upon recommendation of a university extension agent or a conservation
officer. new text begin In any calendar year, a livestock owner may not be compensated for a destroyed
animal claim that is less than $100 in value and may be compensated up to $20,000 per
claim, as determined under this section. In any calendar year, the commissioner may
provide compensation for claims filed pursuant to this section and section 3.7371 to a total
of $100,000 for both programs combined. new text end

(b) Either the agent or the conservation officer must make a personal inspection of
the site. The agent or the conservation officer must take into account factors in addition to
a visual identification of a carcass when making a recommendation to the commissioner.
The commissioner, upon recommendation of the agent or conservation officer, shall
determine whether the livestock was destroyed by a gray wolf and any deficiencies in the
owner's adoption of the best management practices developed in subdivision 5. The
commissioner may authorize payment of claims only if the agent or the conservation
officer has recommended payment. The owner shall file a claim on forms provided by the
commissioner and available at the university extension agent's office.

Sec. 5.

Minnesota Statutes 2004, section 3.7371, subdivision 3, is amended to read:

Subd. 3.

Compensation.

The crop owner is entitled to the target price or the
market price, whichever is greater, of the damaged or destroyed crop plus adjustments
for yield loss determined according to agricultural stabilization and conservation service
programs for individual farms, adjusted annually, as determined by the commissioner,
upon recommendation of the county extension agent for the owner's county. The
commissioner, upon recommendation of the agent, shall determine whether the crop
damage or destruction is caused by elk and, if so, the amount of the crop that is damaged
or destroyed. In any calendar year, a crop owner may not be compensated for a damaged
or destroyed crop that is less than $100 in value and may be compensated up to $20,000,
as determined under this section, if normal harvest procedures for the area are followed. new text begin In
any calendar year, the commissioner may provide compensation for claims filed pursuant
to this section and section 3.737 to a total of $100,000 for both programs combined.
new text end

Sec. 6.

new text begin [17.445] INSPECTIONS AND SERVICES; FEES.
new text end

new text begin new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the definitions in this
subdivision have the meanings given them.
new text end

new text begin (a) "Apiary" means a place where a collection of one or more hives or colonies of
bees or the nuclei of bees are kept.
new text end

new text begin (b) "Bees" means any stage of the common honey bee, Apis mellifera (L).
new text end

new text begin (c) "Bee equipment" means hives, supers, frames, veils, gloves, and any apparatus,
tool, machine, vehicle, or other device used in the handling, moving, or manipulating of
bees, honey, wax, or hives, including containers of honey or wax, which may be used in an
apiary or in transporting bees and their products and apiary supplies.
new text end

new text begin (d) "Commissioner" means the commissioner of agriculture or the commissioner's
designees or authorized agents.
new text end

new text begin Subd. 2. new text end

new text begin Purpose. new text end

new text begin To ensure continued access to foreign and domestic markets, the
commissioner shall provide requested bee inspections and other necessary services.
new text end

new text begin Subd. 3. new text end

new text begin Inspections and other services. new text end

new text begin On request, the commissioner may make
inspections for sale of bees, bee equipment, or appliances or perform other necessary
services.
new text end

new text begin Subd. 4. new text end

new text begin Fees. new text end

new text begin The commissioner shall charge a fee or charge for expenses so as to
recover the cost of performing the inspections and services in subdivision 3. If a person
for whom these inspections or services are to be performed requests it, the commissioner
shall provide to the person in advance an estimate of the fees or expenses that will be
charged. All fees and charges collected under this section shall be deposited in the state
treasury and credited to the general fund.
new text end

Sec. 7.

Minnesota Statutes 2004, section 18C.305, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Exemption. new text end

new text begin A permit and safeguard is not required for a person who stores
on the person's own property and for the person's own use no more than 6,000 gallons
of liquid commercial fertilizer.
new text end

Sec. 8.

new text begin [18C.70] MINNESOTA AGRICULTURAL FERTILIZER RESEARCH
AND EDUCATION COUNCIL.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; membership. new text end

new text begin (a) The Minnesota Agricultural
Fertilizer Research and Education Council is established. The council is composed of
12 voting members as follows:
new text end

new text begin (1) two members of the Minnesota Crop Production Retailers;
new text end

new text begin (2) one member of the Minnesota Corn Growers Association;
new text end

new text begin (3) one member of the Minnesota Soybean Growers Association;
new text end

new text begin (4) one member of the sugar beet growers industry;
new text end

new text begin (5) one member of the Minnesota Association of Wheat Growers;
new text end

new text begin (6) one member of the potato growers industry;
new text end

new text begin (7) one member of the Minnesota Farm Bureau;
new text end

new text begin (8) one member of the Minnesota Farmers Union;
new text end

new text begin (9) one member from the Minnesota Irrigators Association;
new text end

new text begin (10) one member of the Minnesota Grain and Feed Association; and
new text end

new text begin (11) one member of the Minnesota Independent Crop Consultant Association or the
Minnesota certified crop advisor program.
new text end

new text begin (b) Council members shall serve three-year terms. After the initial council is
appointed, subsequent appointments must be staggered so that one-third of council
membership is replaced each year. Council members must be nominated by their
organizations and appointed by the commissioner. The council may add ex-officio
members at its discretion. The council shall meet at least once per year, with all
related expenses reimbursed by members' sponsoring organizations or by the members
themselves.
new text end

new text begin Subd. 2. new text end

new text begin Powers and duties. new text end

new text begin The council shall review applications and select
projects to receive agricultural fertilizer research and education program grants, as
authorized in section 18C.71. The council shall establish a program to provide grants to
research, education, and technology transfer projects related to agricultural fertilizer,
soil amendments, and plant amendments. For the purpose of this section, "fertilizer"
includes soil amendments and plant amendments. The commissioner shall have authority
over all deposits to and withdrawals from the program account authorized in subdivision
4, but after January 1, 2008, the council may select the commissioner or any other
person it deems fit to perform all other administrative duties related to the program. The
commissioner shall be responsible for all fiscal and administrative duties in the first year
and may use up to eight percent of program revenue to offset costs incurred. No later than
October 1, 2007, the commissioner shall provide the council with an estimate of the
annual costs the Department of Agriculture would incur in administering the program.
new text end

new text begin Subd. 3. new text end

new text begin Checkoff fees. new text end

new text begin Any person, whether in Minnesota or elsewhere, that
sells fertilizer to producers must collect a checkoff of 40 cents per ton of fertilizer sold
and forward the checkoff funds at least semiannually to the commissioner along with
forms provided by the commissioner. For the purposes of this section, a producer means
any person who owns or operates an agricultural producing or growing facility for an
agricultural commodity and shares in the profits and risk of loss from such operation and
who grows, raises, feeds, or produces the agricultural commodity in Minnesota during the
current or preceding calendar year.
new text end

new text begin Subd. 4. new text end

new text begin Program account. new text end

new text begin There is established in the state treasury an agricultural
fertilizer research and education program account in the agricultural fund. The checkoff
funds raised under this section must be deposited in the account. Money in the account,
including interest earned, is appropriated to the commissioner to carry out the program
and to refund checkoff funds as described in subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Refunds. new text end

new text begin Any producer may, by use of forms provided by the
commissioner, and upon presentation of such proof as the commissioner requires, have
the checkoff fee refunded, provided the checkoff fee was remitted on a timely basis. The
producer must submit refund requests to the commissioner by February 28 each year for
checkoff fees paid in the previous calendar year. For checkoff fees paid between January
1, 2007, and January 1, 2008, refunds shall not be issued until January 15, 2008.
new text end

new text begin Subd. 6. new text end

new text begin Rules. new text end

new text begin The commissioner's duties under this section and section 18C.71
are not subject to the provisions of chapter 14.
new text end

new text begin Subd. 7. new text end

new text begin Expiration new text end

new text begin This section expires on January 8, 2017.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 9.

new text begin [18C.71] MINNESOTA AGRICULTURAL FERTILIZER RESEARCH
AND EDUCATION PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Eligible projects. new text end

new text begin Eligible project activities include research,
education, and technology transfer related to the production and application of fertilizer,
soil amendments, and other plant amendments. Chosen projects must contain a component
of outreach that achieves a timely dissemination of findings and their applicability to the
production agricultural community.
new text end

new text begin Subd. 2. new text end

new text begin Awarding grants. new text end

new text begin Applications for program grants shall be submitted in
the form prescribed by the Minnesota Agricultural Fertilizer Research and Education
Council. Applications must be submitted on or before the deadline prescribed by the
council. All applications are subject to a thorough in-state review by a peer committee
established and approved by the council. Each project meeting the basic qualifications is
subject to a yes or no vote by each council member. Projects chosen to receive funding
must achieve an affirmative vote from at least eight of the 12 council members or
two-thirds of voting members present. Projects awarded program funds must submit an
annual progress report in the form prescribed by the council.
new text end

new text begin Subd. 3. new text end

new text begin Annual audit. new text end

new text begin The program must have an annual audit of financial
activities, which the council must file with the commissioner on or before June 1 for the
immediately preceding year ending December 31.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin This section expires January 8, 2017.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007.
new text end

Sec. 10.

Minnesota Statutes 2004, section 28A.15, subdivision 4, is amended to read:

Subd. 4.

Chapter deleted text begin 19 or deleted text end 221 deleted text begin licensees deleted text end new text begin permittees new text end ; warehouse operators.

deleted text begin Any
persons required to be licensed under chapter 19 or deleted text end Trucks operating under a certificate
or permit issued pursuant to chapter 221 or warehouse operators, other than cold storage
warehouse operators, offering storage or warehouse facilities for compensation.

Sec. 11.

Minnesota Statutes 2005 Supplement, section 35.05, is amended to read:

35.05 AUTHORITY OF STATE BOARD.

(a) The state board may quarantine or kill any domestic animal infected with, or
which has been exposed to, a contagious or infectious dangerous disease if it is necessary
to protect the health of the domestic animals of the state.

(b) The board may regulate or prohibit the arrival in and departure from the state of
infected or exposed animals and, in case of violation of any rule or prohibition, may detain
any animal at its owner's expense. The board may regulate or prohibit the importation of
domestic animals which, in its opinion, may injure the health of Minnesota livestock.

(c) When the governor declares an emergency under section 35.0661, the board,
through its executive director, may assume control of such resources within the University
of Minnesota's Veterinary Diagnostic Laboratory as necessary to effectively address the
disease outbreak. The director of the laboratory and other laboratory personnel must
cooperate fully in performing necessary functions related to the outbreak or threatened
outbreak.

(d) new text begin The board may test or require tests of any bovine or cervidae in the state when
the board deems it necessary to achieve or maintain bovine tuberculosis accredited free
state or zone status under the regulations and laws administered by the United States
Department of Agriculture.
new text end

new text begin (e) new text end Rules adopted by the board under authority of this chapter must be published in
the State Register.

Sec. 12.

Minnesota Statutes 2005 Supplement, section 327.201, is amended to read:

327.201 STATE FAIR CAMPING AREA.

Notwithstanding sections 327.14 to 327.28 or any rule adopted by the commissioner
of health, the State Agricultural Society must operate and maintain a camping area on the
State Fairgrounds during the State Fair new text begin and the Minnesota Street Rod Association's "Back
to the 50s" event new text end , subject to the following conditions:

(1) recreational camping vehicles and tents, including their attachments, must be
separated from each other and from other structures by at least seven feet;

(2) a minimum area of 300 square feet per site must be provided and the total number
of sites must not exceed one site for every 300 square feet of usable land area; and

(3) each site must face a driveway at least 16 feet in width and each driveway must
have unobstructed access to a public roadway.

Sec. 13.

new text begin [604.17] PERSONAL RESPONSIBILITY IN FOOD CONSUMPTION
ACT.
new text end

new text begin Subdivision 1. new text end

new text begin Title. new text end

new text begin This section may be cited as the Personal Responsibility in
Food Consumption Act.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Long-term consumption" means the cumulative effect of the consumption of
food or nonalcoholic beverages, and not the effect of a single instance of consumption.
new text end

new text begin (c) "Party" means an individual, corporation, company, association, firm, partnership,
society, joint stock company, or any other entity, including any governmental entity.
new text end

new text begin Subd. 3. new text end

new text begin Immunity from civil liability. new text end

new text begin A producer, grower, manufacturer, packer,
distributor, carrier, holder, marketer, or seller of a food or nonalcoholic beverage intended
for human consumption, or an association of one or more of such entities, shall not be
subject to civil liability based on any individual's or group of individuals' purchase or
consumption of food or nonalcoholic beverages in cases where liability arises from weight
gain or obesity resulting from the individual's or group of individuals' long-term purchase
or consumption of a food or nonalcoholic beverage.
new text end

new text begin Subd. 4. new text end

new text begin Actions permitted. new text end

new text begin Subdivision 3 does not apply to a claim of weight
gain or obesity that is based on:
new text end

new text begin (1) a material violation of an adulteration or misbranding requirement prescribed
by state or federal statute, rule, or regulation and the claimed injury was proximately
caused by the violation; or
new text end

new text begin (2) any other material violation of federal or state law applicable to the
manufacturing, marketing, distribution, advertising, labeling, or sale of food and the
claimed injury was proximately caused by the violation.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day after final enactment and
applies to any action brought by any party on or after the effective date.
new text end

Sec. 14. new text begin ENERGY AND CONSERVATION; STUDY.
new text end

new text begin The commissioner of agriculture, in consultation with the Minnesota Resource
Conservation and Development Council, the Board of Water and Soil Resources, and the
commissioner of natural resources, shall study the feasibility of developing energy sources
as they relate to land enrolled under federal farm programs or under state easement
programs in Minnesota. The commissioner shall submit a report, with findings and
recommendations, to the governor and the legislature by February 15, 2007.
new text end

Sec. 15. new text begin MILK VOLUME PRODUCTION LOAN PROGRAM FUNDING
STUDY.
new text end

new text begin Subdivision 1. new text end

new text begin Study. new text end

new text begin The commissioners of agriculture and employment and
economic development must study the feasibility of a public and private partnership to
fund a milk volume production loan program that would make low-interest loans to dairy
producers of at least $500 per cow, as part of the producers' dairy capital improvement
projects designed to increase milk production in Minnesota. The commissioners shall
recommend an appropriate limit on the number of cows per producer to be covered by this
program. The study must determine whether there is sufficient interest among agricultural
lenders, private agribusiness, and the dairy industry to establish an adequate revolving
loan fund for the program, consisting of private donations matched by public funding
from existing economic development funds, rural development funds, or additional
legislative appropriations.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin By January 2, 2007, the commissioners of agriculture and
employment and economic development must report on the results of the study required in
subdivision 1 to the chairs of the committees of the house of representatives and the senate
with jurisdiction over agricultural policy. The report must include recommendations
on the following items:
new text end

new text begin (1) estimated program administration costs;
new text end

new text begin (2) the terms of a milk volume production loan including, but not limited to,
amortization options and the rate of interest required only to cover program administration
costs;
new text end

new text begin (3) producer loan eligibility criteria; and
new text end

new text begin (4) the amount of annual private contributions and public matching funds needed to
establish a sustainable and effective revolving loan program for milk volume production
loans.
new text end

Sec. 16. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 17.10; 19.50, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 12a, 13, 14, 15, 17, and 18; 19.51, subdivisions 1 and 2; 19.52; 19.53; 19.55;
19.56; 19.561; 19.57; 19.58, subdivisions 1, 2, 4, 5, and 9; 19.59; 19.61, subdivision 1;
19.63; and 19.65, new text end new text begin and new text end new text begin Minnesota Statutes 2005 Supplement, section 19.64, subdivision
1, new text end new text begin are repealed.
new text end

Sec. 17. new text begin EFFECTIVE DATE.
new text end

new text begin Unless otherwise specified, this article is effective the day following final enactment.
new text end