1.1 	A bill for an act
1.2 	relating to appropriations; appropriating money and supplementing and reducing 
1.3 	appropriations for agriculture; modifying certain programs; establishing the 
1.4 	Minnesota Agricultural Fertilizer Research and Education Council and grant 
1.5 	program; providing for apiary inspections; modifying State Fair camping 
1.6 	provisions; creating the Personal Responsibility in Food Consumption Act; 
1.7 	requiring studies; repealing regulation of beekeeping; amending Minnesota 
1.8 	Statutes 2004, sections 3.737, subdivision 1; 3.7371, subdivision 3; 18C.305, 
1.9 	by adding a subdivision; 28A.15, subdivision 4; Minnesota Statutes 2005 
1.10 	Supplement, sections 35.05; 327.201; proposing coding for new law in 
1.11 	Minnesota Statutes, chapters 17; 18C; 604; repealing Minnesota Statutes 2004, 
1.12 	sections 17.10; 19.50, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 13, 
1.13 	14, 15, 17, 18; 19.51, subdivisions 1, 2; 19.52; 19.53; 19.55; 19.56; 19.561; 
1.14 	19.57; 19.58, subdivisions 1, 2, 4, 5, 9; 19.59; 19.61, subdivision 1; 19.63; 19.65; 
1.15 	Minnesota Statutes 2005 Supplement, section 19.64, subdivision 1.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17	Section 1. SUPPLEMENTAL APPROPRIATIONS.
 	
1.18 	The appropriations in this act are added to or, if shown in parentheses, subtracted 
1.19 	from the appropriations enacted into law by the legislature in 2005, or other specified law, 
1.20 	to the named agencies and for the specified programs or activities. The sums shown 
1.21 	are appropriated from the general fund, or another named fund, to be available for the 
1.22 	fiscal years indicated; 2006 is the fiscal year ending June 30, 2006, 2007 is the fiscal year 
1.23 	ending June 30, 2007, and the biennium is fiscal years 2006 and 2007. Supplementary 
1.24 	appropriations and reductions to appropriations for the fiscal year ending June 30, 2006, 
1.25 	are effective the day following final enactment.

1.26				APPROPRIATIONS
	
1.27				Available for the Year
	
1.28				Ending June 30
	
1.29					2006
		2007

2.1	Sec. 2. DEPARTMENT OF AGRICULTURE

2.2	Subdivision 1.Total Appropriations
 	$
	27,000
	$
	360,000

2.3	Summary by Fund
	
2.4	General Fund
	27,000
	360,000
	
2.5 	The amounts that may be spent for each 
2.6 	activity are specified in the following 
2.7 	subdivisions.

2.8	Subd. 2.Invasive species control
 					
2.9 	$105,000 in 2007 is for invasive species 
2.10 	control activities.

2.11
2.12	Subd. 3.Livestock depredation and crop 
damage
 					
2.13 	$40,000 in 2006 and $53,000 in 2007 is to 
2.14 	make compensation payments for livestock 
2.15 	depredation and crop damage.

2.16	Subd.  4.Biofuels
 					
2.17 	$75,000 in 2007 is for promotion of greater 
2.18 	public and private use of biofuels and other 
2.19 	renewable energy products that can be made 
2.20 	in Minnesota to replace petroleum sources.

2.21	Subd.  5.Plant pathology
 					
2.22 	$140,000 in 2007 is for plant pathology and 
2.23 	biological control facility operations.

2.24	Subd.  6.Apiary registration
 					
2.25 	($13,000) in 2006 and ($13,000) in 2007 is 
2.26 	reduced from the appropriation for apiary 
2.27 	registration.

2.28	Sec. 3. BOARD OF ANIMAL HEALTH
 					
3.1 	$277,000 in 2006 and $360,000 in 2007 
3.2 	is to eliminate bovine tuberculosis from 
3.3 	cattle herds in Minnesota. This is a onetime 
3.4 	appropriation.

3.5 	Sec. 4. Minnesota Statutes 2004, section 3.737, subdivision 1, is amended to read:
3.6 		Subdivision 1.Compensation required. (a) Notwithstanding section  3.736, 
3.7 	subdivision 3, paragraph (e), or any other law, a livestock owner shall be compensated 
3.8 	by the commissioner of agriculture for livestock that is destroyed by a gray wolf or is so 
3.9 	crippled by a gray wolf that it must be destroyed. Except as provided in this section, the 
3.10 	owner is entitled to the fair market value of the destroyed livestock as determined by the 
3.11 	commissioner, upon recommendation of a university extension agent or a conservation 
3.12 	officer. In any calendar year, a livestock owner may not be compensated for a destroyed 
3.13 	animal claim that is less than $100 in value and may be compensated up to $20,000 per 
3.14 	claim, as determined under this section. In any calendar year, the commissioner may 
3.15 	provide compensation for claims filed pursuant to this section and section 3.7371 to a total 
3.16 	of $100,000 for both programs combined.
3.17 	(b) Either the agent or the conservation officer must make a personal inspection of 
3.18 	the site. The agent or the conservation officer must take into account factors in addition to 
3.19 	a visual identification of a carcass when making a recommendation to the commissioner. 
3.20 	The commissioner, upon recommendation of the agent or conservation officer, shall 
3.21 	determine whether the livestock was destroyed by a gray wolf and any deficiencies in the 
3.22 	owner's adoption of the best management practices developed in subdivision 5. The 
3.23 	commissioner may authorize payment of claims only if the agent or the conservation 
3.24 	officer has recommended payment. The owner shall file a claim on forms provided by the 
3.25 	commissioner and available at the university extension agent's office.

3.26 	Sec. 5. Minnesota Statutes 2004, section 3.7371, subdivision 3, is amended to read:
3.27 		Subd. 3.Compensation. The crop owner is entitled to the target price or the 
3.28 	market price, whichever is greater, of the damaged or destroyed crop plus adjustments 
3.29 	for yield loss determined according to agricultural stabilization and conservation service 
3.30 	programs for individual farms, adjusted annually, as determined by the commissioner, 
3.31 	upon recommendation of the county extension agent for the owner's county. The 
3.32 	commissioner, upon recommendation of the agent, shall determine whether the crop 
3.33 	damage or destruction is caused by elk and, if so, the amount of the crop that is damaged 
3.34 	or destroyed. In any calendar year, a crop owner may not be compensated for a damaged 
4.1 	or destroyed crop that is less than $100 in value and may be compensated up to $20,000, 
4.2 	as determined under this section, if normal harvest procedures for the area are followed. In 
4.3 	any calendar year, the commissioner may provide compensation for claims filed pursuant 
4.4 	to this section and section 3.737 to a total of $100,000 for both programs combined.

4.5 	Sec. 6. [17.445] INSPECTIONS AND SERVICES; FEES.
4.6 		Subdivision 1.Definitions. For the purposes of this section, the definitions in this 
4.7 	subdivision have the meanings given them.
4.8 	(a) "Apiary" means a place where a collection of one or more hives or colonies of 
4.9 	bees or the nuclei of bees are kept.
4.10 	(b) "Bees" means any stage of the common honey bee, Apis mellifera (L).
4.11 	(c) "Bee equipment" means hives, supers, frames, veils, gloves, and any apparatus, 
4.12 	tool, machine, vehicle, or other device used in the handling, moving, or manipulating of 
4.13 	bees, honey, wax, or hives, including containers of honey or wax, which may be used in an 
4.14 	apiary or in transporting bees and their products and apiary supplies.
4.15 	(d) "Commissioner" means the commissioner of agriculture or the commissioner's 
4.16 	designees or authorized agents.
4.17 		Subd. 2.Purpose. To ensure continued access to foreign and domestic markets, the 
4.18 	commissioner shall provide requested bee inspections and other necessary services.
4.19 		Subd. 3.Inspections and other services. On request, the commissioner may make 
4.20 	inspections for sale of bees, bee equipment, or appliances or perform other necessary 
4.21 	services.
4.22 		Subd. 4.Fees. The commissioner shall charge a fee or charge for expenses so as to 
4.23 	recover the cost of performing the inspections and services in subdivision 3. If a person 
4.24 	for whom these inspections or services are to be performed requests it, the commissioner 
4.25 	shall provide to the person in advance an estimate of the fees or expenses that will be 
4.26 	charged. All fees and charges collected under this section shall be deposited in the state 
4.27 	treasury and credited to the general fund.

4.28 	Sec. 7. Minnesota Statutes 2004, section 18C.305, is amended by adding a subdivision 
4.29 	to read:
4.30 		Subd. 3.Exemption. A permit and safeguard is not required for a person who stores 
4.31 	on the person's own property and for the person's own use no more than 6,000 gallons 
4.32 	of liquid commercial fertilizer.

5.1 	Sec. 8. [18C.70] MINNESOTA AGRICULTURAL FERTILIZER RESEARCH 
5.2 	AND EDUCATION COUNCIL.
5.3 		Subdivision 1.Establishment; membership. (a) The Minnesota Agricultural 
5.4 	Fertilizer Research and Education Council is established.  The council is composed of 
5.5 	12 voting members as follows:
5.6 	(1)  two members of the Minnesota Crop Production Retailers; 
5.7 	(2)  one member of the Minnesota Corn Growers Association; 
5.8 	(3)  one member of the Minnesota Soybean Growers Association; 
5.9 	(4)  one member of the sugar beet growers industry; 
5.10 	(5)  one member of the Minnesota Association of Wheat Growers; 
5.11 	(6)  one member of the potato growers industry; 
5.12 	(7)  one member of the Minnesota Farm Bureau; 
5.13 	(8)  one member of the Minnesota Farmers Union; 
5.14 	(9)  one member from the Minnesota Irrigators Association; 
5.15 	(10)  one member of the Minnesota Grain and Feed Association; and 
5.16 	(11) one member of the Minnesota Independent Crop Consultant Association or the 
5.17 	Minnesota certified crop advisor program. 
5.18 	(b) Council members shall serve  three-year terms.  After the initial council is 
5.19 	appointed, subsequent appointments must be staggered so that one-third of council 
5.20 	membership is replaced each year.  Council members must be nominated by their 
5.21 	organizations and appointed by the commissioner.  The council may add ex-officio 
5.22 	members at its discretion.  The council shall meet at least once per year, with all 
5.23 	related expenses reimbursed by members' sponsoring organizations or by the members 
5.24 	themselves. 
5.25 		Subd. 2.Powers and duties. The council shall review applications and select 
5.26 	projects to receive agricultural fertilizer research and education program grants, as 
5.27 	authorized in section 18C.71.  The council shall establish a program to provide grants to 
5.28 	research, education, and technology transfer projects related to agricultural fertilizer, 
5.29 	soil amendments, and plant amendments.  For the purpose of this section, "fertilizer" 
5.30 	includes soil amendments and plant amendments.  The commissioner shall have authority 
5.31 	over all deposits to and withdrawals from the program account authorized in subdivision 
5.32 	4, but after January 1, 2008, the council may select the commissioner or any other 
5.33 	person it deems fit to perform all other administrative duties related to the program.  The 
5.34 	commissioner shall be responsible for all fiscal and administrative duties in the first year 
5.35 	and may use up to eight percent of program revenue to offset costs incurred. No later than 
6.1 	October 1, 2007, the commissioner shall provide the council with an estimate of the 
6.2 	annual costs the Department of Agriculture would incur in administering the program.
6.3 		Subd. 3. Checkoff fees.  Any person, whether in Minnesota or elsewhere, that 
6.4 	sells fertilizer to producers must collect a checkoff of 40 cents per ton of fertilizer sold 
6.5 	and forward the checkoff funds at least semiannually to the commissioner along with 
6.6 	forms provided by the commissioner.  For the purposes of this section, a producer means 
6.7 	any person who owns or operates an agricultural producing or growing facility for an 
6.8 	agricultural commodity and shares in the profits and risk of loss from such operation and 
6.9 	who grows, raises, feeds, or produces the agricultural commodity in Minnesota during the 
6.10 	current or preceding calendar year. 
6.11 		Subd. 4.Program account.  There is established in the state treasury an agricultural 
6.12 	fertilizer research and education program account in the agricultural fund.  The checkoff 
6.13 	funds raised under this section must be deposited in the account.  Money in the account, 
6.14 	including interest earned, is appropriated to the commissioner to carry out the program 
6.15 	and to refund checkoff funds as described in subdivision 5.
6.16 		Subd. 5.Refunds. Any producer may, by use of forms provided by the 
6.17 	commissioner, and upon presentation of such proof as the commissioner requires, have 
6.18 	the checkoff fee refunded, provided the checkoff fee was remitted on a timely basis. The 
6.19 	producer must submit refund requests to the commissioner by February 28 each year for 
6.20 	checkoff fees paid in the previous calendar year. For checkoff fees paid between January 
6.21 	1, 2007, and January 1, 2008, refunds shall not be issued until January 15, 2008.
6.22 		Subd. 6. Rules. The commissioner's duties under this section and section 18C.71 
6.23 	are not subject to the provisions of chapter 14.
6.24 		Subd. 7.Expiration This section expires on January 8, 2017.

6.25 	EFFECTIVE DATE. This section is effective January 1, 2007.

6.26 	Sec. 9. [18C.71] MINNESOTA AGRICULTURAL FERTILIZER RESEARCH 
6.27 	AND EDUCATION PROGRAM.
6.28 		Subdivision 1.Eligible projects. Eligible project activities include research, 
6.29 	education, and technology transfer related to the production and application of fertilizer, 
6.30 	soil amendments, and other plant amendments.  Chosen projects must contain a component 
6.31 	of outreach that achieves a timely dissemination of findings and their applicability to the 
6.32 	production agricultural community. 
6.33 		Subd. 2.Awarding grants. Applications for program grants shall be submitted in 
6.34 	the form prescribed by the Minnesota Agricultural Fertilizer Research and Education 
6.35 	Council. Applications must be submitted on or before the deadline prescribed by the 
7.1 	council.  All applications are subject to a thorough in-state review by a peer committee 
7.2 	established and approved by the council.  Each project meeting the basic qualifications is 
7.3 	subject to a yes or no vote by each council member.  Projects chosen to receive funding 
7.4 	must achieve an affirmative vote from at least eight of the 12 council members or 
7.5 	two-thirds of voting members present.  Projects awarded program funds must submit an 
7.6 	annual progress report in the form prescribed by the council.  
7.7 		Subd. 3.Annual audit. The program must have an annual audit of financial 
7.8 	activities, which the council must file with the commissioner on or before June 1 for the 
7.9 	immediately preceding year ending December 31.
7.10 		Subd. 4.Expiration. This section expires January 8, 2017.

7.11 	EFFECTIVE DATE. This section is effective January 1, 2007.

7.12 	Sec. 10. Minnesota Statutes 2004, section 28A.15, subdivision 4, is amended to read:
7.13 		Subd. 4.Chapter 19 or 221 licensees permittees; warehouse operators. Any 
7.14 	persons required to be licensed under chapter 19 or  Trucks operating under a certificate 
7.15 	or permit issued pursuant to chapter 221 or warehouse operators, other than cold storage 
7.16 	warehouse operators, offering storage or warehouse facilities for compensation.

7.17 	Sec. 11. Minnesota Statutes 2005 Supplement, section 35.05, is amended to read:
7.18 	35.05 AUTHORITY OF STATE BOARD.
7.19 	(a) The state board may quarantine or kill any domestic animal infected with, or 
7.20 	which has been exposed to, a contagious or infectious dangerous disease if it is necessary 
7.21 	to protect the health of the domestic animals of the state.
7.22 	(b) The board may regulate or prohibit the arrival in and departure from the state of 
7.23 	infected or exposed animals and, in case of violation of any rule or prohibition, may detain 
7.24 	any animal at its owner's expense. The board may regulate or prohibit the importation of 
7.25 	domestic animals which, in its opinion, may injure the health of Minnesota livestock.
7.26 	(c) When the governor declares an emergency under section 35.0661, the board, 
7.27 	through its executive director, may assume control of such resources within the University 
7.28 	of Minnesota's Veterinary Diagnostic Laboratory as necessary to effectively address the 
7.29 	disease outbreak. The director of the laboratory and other laboratory personnel must 
7.30 	cooperate fully in performing necessary functions related to the outbreak or threatened 
7.31 	outbreak.
7.32 	(d) The board may test or require tests of any bovine or cervidae in the state when 
7.33 	the board deems it necessary to achieve or maintain bovine tuberculosis accredited free 
8.1 	state or zone status under the regulations and laws administered by the United States 
8.2 	Department of Agriculture.
8.3 	(e) Rules adopted by the board under authority of this chapter must be published in 
8.4 	the State Register.

8.5 	Sec. 12. Minnesota Statutes 2005 Supplement, section 327.201, is amended to read:
8.6 	327.201 STATE FAIR CAMPING AREA.
8.7 	Notwithstanding sections 327.14 to 327.28 or any rule adopted by the commissioner 
8.8 	of health, the State Agricultural Society must operate and maintain a camping area on the 
8.9 	State Fairgrounds during the State Fair and the Minnesota Street Rod Association's "Back 
8.10 	to the 50s" event, subject to the following conditions:
8.11 	(1) recreational camping vehicles and tents, including their attachments, must be 
8.12 	separated from each other and from other structures by at least seven feet;
8.13 	(2) a minimum area of 300 square feet per site must be provided and the total number 
8.14 	of sites must not exceed one site for every 300 square feet of usable land area; and
8.15 	(3) each site must face a driveway at least 16 feet in width and each driveway must 
8.16 	have unobstructed access to a public roadway.

8.17 	Sec. 13. [604.17] PERSONAL RESPONSIBILITY IN FOOD CONSUMPTION 
8.18 	ACT.
8.19 		Subdivision 1.Title. This section may be cited as the Personal Responsibility in 
8.20 	Food Consumption Act.
8.21 		Subd. 2.Definitions. (a) For purposes of this section, the following terms have 
8.22 	the meanings given.
8.23 	(b) "Long-term consumption" means the cumulative effect of  the consumption of 
8.24 	food or nonalcoholic beverages, and not the effect of a single instance of consumption.
8.25 	(c) "Party" means an individual, corporation, company, association, firm, partnership, 
8.26 	society, joint stock company, or any other entity, including any governmental entity.
8.27 		Subd. 3.Immunity from civil liability. A producer, grower, manufacturer, packer, 
8.28 	distributor, carrier, holder, marketer, or seller of a food or nonalcoholic beverage intended 
8.29 	for human consumption, or an association of one or more of such entities, shall not be 
8.30 	subject to civil liability based on any individual's or group of individuals' purchase or 
8.31 	consumption of food or nonalcoholic beverages in cases where liability arises from weight 
8.32 	gain or obesity resulting from the individual's or group of individuals' long-term purchase 
8.33 	or consumption of a food or nonalcoholic beverage.
9.1 		Subd. 4.Actions permitted. Subdivision 3 does not apply to a claim of weight 
9.2 	gain or obesity that is based on:
9.3 	(1) a material violation of an adulteration or misbranding requirement prescribed 
9.4 	by state or federal statute, rule, or regulation and the claimed injury was proximately 
9.5 	caused by the  violation; or
9.6 	(2) any other material violation of federal or state law applicable to the 
9.7 	manufacturing, marketing, distribution, advertising, labeling, or sale of food and the 
9.8 	claimed injury was proximately caused by the violation.

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

9.11 	Sec. 14. ENERGY AND CONSERVATION; STUDY.
 9.12 	The commissioner of agriculture, in consultation with the Minnesota Resource 
9.13 	Conservation and Development Council, the Board of Water and Soil Resources, and the 
9.14 	commissioner of natural resources, shall study the feasibility of developing energy sources 
9.15 	as they relate to land enrolled under federal farm programs or under state easement 
9.16 	programs in Minnesota. The commissioner shall submit a report, with findings and 
9.17 	recommendations, to the governor and the legislature by February 15, 2007.

9.18 	Sec. 15. MILK VOLUME PRODUCTION LOAN PROGRAM FUNDING 
9.19 	STUDY.
 9.20 		Subdivision 1.Study. The commissioners of agriculture and employment and 
9.21 	economic development must study the feasibility of a public and private partnership to 
9.22 	fund a milk volume production loan program that would make low-interest loans to dairy 
9.23 	producers of at least $500 per cow,  as part of the producers' dairy capital improvement 
9.24 	projects designed to increase milk production in Minnesota. The commissioners shall 
9.25 	recommend an appropriate limit on the number of cows per producer to be covered by this 
9.26 	program. The study must determine whether there is sufficient interest among agricultural 
9.27 	lenders, private agribusiness, and the dairy industry to establish an adequate revolving 
9.28 	loan fund for the program, consisting of private donations matched by public funding 
9.29 	from existing economic development funds, rural development funds, or additional 
9.30 	legislative appropriations.
9.31 		Subd. 2.Report. By January 2, 2007, the commissioners of agriculture and 
9.32 	employment and economic development must report on the results of the study required in 
9.33 	subdivision 1 to the chairs of the committees of the house of representatives and the senate 
10.1 	with jurisdiction over agricultural policy. The report must include recommendations 
10.2 	on the following items:
10.3 	(1) estimated program administration costs;
10.4 	(2) the terms of a milk volume production loan including, but not limited to, 
10.5 	amortization options and the rate of interest required only to cover program administration 
10.6 	costs;
10.7 	(3) producer loan eligibility criteria; and
10.8 	(4) the amount of annual private contributions and public matching funds needed to 
10.9 	establish a sustainable and effective revolving loan program for milk volume production 
10.10 	loans.

10.11 	Sec. 16.  REPEALER.
 10.12 	Minnesota Statutes 2004, sections 17.10; 19.50, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 9, 
10.13 	10, 11, 12, 12a, 13, 14, 15, 17, and 18; 19.51, subdivisions 1 and 2; 19.52; 19.53; 19.55; 
10.14 	19.56; 19.561; 19.57; 19.58, subdivisions 1, 2, 4, 5, and 9; 19.59; 19.61, subdivision 1; 
10.15 	19.63; and 19.65, and Minnesota Statutes 2005 Supplement, section 19.64, subdivision 
10.16 	1, are repealed.

10.17 	Sec. 17. EFFECTIVE DATE.
 10.18 	Unless otherwise specified, this article is effective the day following final enactment.