1.1 	A bill for an act
1.2 	relating to agriculture; changing certain programs, requirements, fees, and duties;
1.3 	amending Minnesota Statutes 2010, sections 18B.316, subdivision 6; 18G.07, 
1.4 	subdivision 1; 18G.10, subdivisions 5, 7, by adding a subdivision; 18H.07, 
1.5 	subdivisions 2, 3; 18H.10; 18H.14; 21.82, subdivisions 7, 8; 41A.105, by 
1.6 	adding a subdivision; 232.22, subdivisions 3, 4; 232.23, subdivision 10; 232.24, 
1.7 	subdivisions 1, 2; 236.02, subdivision 5, by adding a subdivision; 239.092; 
1.8 	239.093; repealing Minnesota Statutes 2010, sections 17B.01; 17B.02; 17B.03; 
1.9 	17B.04; 17B.041; 17B.0451; 17B.048; 17B.05; 17B.06; 17B.07; 17B.10; 
1.10 	17B.11; 17B.12; 17B.13; 17B.14; 17B.15, subdivisions 1, 3; 17B.16; 17B.17; 
1.11 	17B.18; 17B.20; 17B.22, subdivisions 1, 2; 17B.28; 17B.29; 232.24, subdivision 
1.12 	3; Minnesota Rules, parts 1505.0780; 1505.0810; 1562.0100, subparts 3, 4, 5, 6, 
1.13 	7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25; 1562.0200; 
1.14 	1562.0700, subparts 1b, 3; 1562.0900; 1562.1300.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	Section 1. Minnesota Statutes 2010, section 18B.316, subdivision 6, is amended to read:
1.17 		Subd. 6.Agricultural pesticide sales invoices. (a) Sales invoices for agricultural 
1.18 	pesticides sold in or into this state by a licensed agricultural pesticide dealer or a pesticide 
1.19 	dealer under this section must show the percent of gross sales fee rate assessed and the 
1.20 	gross sales fee paid under section 18B.26, subdivision 3, paragraph (c).
1.21 	(b) A licensed agricultural pesticide dealer or a pesticide dealer may request an 
1.22 	exemption from paragraph (a). The request for exemption must be in writing to the 
1.23 	commissioner and must include verifiable information to justify that compliance with 
1.24 	paragraph (a) is an extreme business hardship for the licensed agricultural pesticide dealer 
1.25 	or pesticide dealer. The commissioner may approve or reject a request for exemption 
1.26 	based upon review of the submitted information. An approved exemption under this 
1.27 	paragraph is valid for one calendar year. The commissioner must maintain a list of those 
2.1 	licensed agricultural pesticide dealers or pesticide dealers that have been granted an 
2.2 	exemption on the department's Web site.
2.3 	(c) A licensed agricultural pesticide dealer or a pesticide dealer issued an exemption 
2.4 	under paragraph (b) must include the following statement on each sales invoice for any 
2.5 	sale of an agricultural pesticide: "Minnesota Department of Agriculture Annual Gross 
2.6 	Sales Fees of 0.55% have been Assessed and Paid on the Sale of an Agricultural Pesticide."
2.7 	(d) Only the person who actually will pay the gross sales fee may show the rate or 
2.8 	the amount of the fee as a line item on the sales invoice.

2.9 	Sec. 2. Minnesota Statutes 2010, section 18G.07, subdivision 1, is amended to read:
2.10 		Subdivision 1.Creation of registry. (a) The commissioner shall maintain a list of 
2.11 	all persons, businesses, and companies that employ persons who provide tree care or tree 
2.12 	trimming services in Minnesota. All commercial tree care providers, tree trimmers, and 
2.13 	persons whoemployers that direct employees to remove trees, limbs, branches, brush, or 
2.14 	shrubs for hire must be registered by with the commissioner.
2.15 	(b) Persons or companies who are required to be registered under paragraph (a) must 
2.16 	register annually by providing the following to the commissioner:
2.17 	(1) accurate and up-to-date business name, address, and telephone number;
2.18 	(2) a complete list of all Minnesota counties in which they work; and
2.19 	(3) a nonrefundable fee of $25 for initial application or renewing the registration.
2.20 	(c) All persons and companies required to be registered under paragraph (a) must 
2.21 	register before conducting the activities specified in paragraph (a). Annual registration 
2.22 	expires December 31, must be renewed annually, and the renewal fee remitted by January 
2.23 	7 1 of the year for which it is issued. In addition, a penalty of ten percent of the renewal fee 
2.24 	due must be charged for each month, or portion of a month, that the fee is delinquent up to 
2.25 	a maximum of 30 percent for any application for renewal postmarked after December 31.

2.26 	Sec. 3. Minnesota Statutes 2010, section 18G.10, subdivision 5, is amended to read:
2.27 		Subd. 5.Certificate fees. (a) The commissioner shall assess the fees in paragraphs 
2.28 	(b) to (f) for the inspection, service, and work performed in carrying out the issuance of 
2.29 	a phytosanitary certificate or export certificate. The inspection fee must be based on 
2.30 	mileage and inspection time.
2.31 	(b) Mileage charge: current United States Internal Revenue Service mileage rate.
2.32 	(c) Inspection time: $50 per hour minimum or fee necessary to cover department 
2.33 	costs. Inspection time includes the driving time to and from the location in addition to 
2.34 	the time spent conducting the inspection.
3.1 	(d) If laboratory analysis or other technical analysis is required to issue a certificate, 
3.2 	the commissioner must set and collect the fee to recover this additional cost.
3.3 	(e) Certificate fee for product value greater than $250: the greater of $75 or the 
3.4 	amount necessary to cover department costs, including research and processing costs, for 
3.5 	each phytosanitary or export certificate issued for any single shipment valued at more than 
3.6 	$250 in addition to any mileage or inspection time charges that are assessed.
3.7 	(f) Certificate fee for product value less than $250: the greater of $25 or the amount 
3.8 	necessary to cover department costs, including research and processing costs, for each 
3.9 	phytosanitary or export certificate issued for any single shipment valued at less than $250 
3.10 	in addition to any mileage or inspection time charges that are assessed.
3.11 	(g) For services provided for in subdivision 7 that are goods and services provided 
3.12 	for the direct and primary use of a private individual, business, or other entity, the 
3.13 	commissioner must set and collect the fees to cover the cost of the services provided.

3.14 	Sec. 4. Minnesota Statutes 2010, section 18G.10, subdivision 7, is amended to read:
3.15 		Subd. 7.Supplemental, additional, or other certificates and permits. (a) The 
3.16 	commissioner may provide inspection, sampling, or certification services to ensure 
3.17 	that Minnesota plant treatment processes, plant products, or commodities meet import 
3.18 	requirements of other states or countries.
3.19 	(b) The state plant regulatory official may issue permits and certificates verifying that 
3.20 	various Minnesota agricultural plant treatment processes, products, or commodities meet 
3.21 	specified plant health requirements, treatment requirements, or pest absence assurances 
3.22 	based on determinations by the commissioner.

3.23 	Sec. 5. Minnesota Statutes 2010, section 18G.10, is amended by adding a subdivision 
3.24 	to read:
3.25 		Subd. 8.Misuse of a certificate or permit. Certificates, permits, and official letters 
3.26 	issued to support certification or permit processes are not transferable to another location 
3.27 	or another person.

3.28 	Sec. 6. Minnesota Statutes 2010, section 18H.07, subdivision 2, is amended to read:
3.29 		Subd. 2.Nursery stock grower certificate. (a) A nursery stock grower must 
3.30 	pay an annual fee based on the area of all acreage on which nursery stock is grown for 
3.31 	certification as follows:
3.32 	(1) less than one-half acre, $150;
3.33 	(2) from one-half acre to two acres, $200;
4.1 	(3) over two acres up to five acres, $300;
4.2 	(4) over five acres up to ten acres, $350;
4.3 	(5) over ten acres up to 20 acres, $500;
4.4 	(6) over 20 acres up to 40 acres, $650;
4.5 	(7) over 40 acres up to 50 acres, $800;
4.6 	(8) over 50 acres up to 200 acres, $1,100;
4.7 	(9) over 200 acres up to 500 acres, $1,500; and
4.8 	(10) over 500 acres, $1,500 plus $2 for each additional acre.
4.9 	(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due 
4.10 	must be charged for each month, or portion thereof, that the fee is delinquent up to a 
4.11 	maximum of 30 percent for any application for renewal not postmarked by December 31 
4.12 	of the current year.
4.13 	(c) In addition to the fees in paragraphs (a) and (b), a firm found operating without a 
4.14 	nursery stock growers certificate after April 1 must pay a penalty equal to the required 
4.15 	nursery stock growers certificate fee.

4.16 	Sec. 7. Minnesota Statutes 2010, section 18H.07, subdivision 3, is amended to read:
4.17 		Subd. 3.Nursery stock dealer certificate. (a) A nursery stock dealer must pay an 
4.18 	annual fee based on the dealer's gross sales of certified nursery stock per location during 
4.19 	the most recent certificate year. A certificate applicant operating for the first time must pay 
4.20 	the minimum fee. The fees per sales location are:
4.21 	(1) gross sales up to $5,000, $150;
4.22 	(2) gross sales over $5,000 up to $20,000, $175;
4.23 	(3) gross sales over $20,000 up to $50,000, $300;
4.24 	(4) gross sales over $50,000 up to $75,000, $425;
4.25 	(5) gross sales over $75,000 up to $100,000, $550;
4.26 	(6) gross sales over $100,000 up to $200,000, $675; and
4.27 	(7) gross sales over $200,000, $800.
4.28 	(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due 
4.29 	must be charged for each month, or portion thereof, that the fee is delinquent up to a 
4.30 	maximum of 30 percent for any application for renewal not postmarked by December 31 
4.31 	of the current year.
4.32 	(c) In addition to the fees in paragraphs (a) and (b), a firm found operating without 
4.33 	a nursery stock dealer certificate after April 1 must pay a penalty equal to the required 
4.34 	nursery stock dealer certificate fee.

5.1 	Sec. 8. Minnesota Statutes 2010, section 18H.10, is amended to read:
5.2 	18H.10 STORAGE OF NURSERY STOCK.
5.3 	(a) All nursery stock must be kept and displayed under conditions of temperature, 
5.4 	light, and moisture sufficient to maintain the viability and vigor of the nursery stock.
5.5 	(b) Packaged dormant nursery stock must be stored under conditions that retard 
5.6 	growth, prevent etiolated growth, and protect its viability.
5.7 	(c) Balled and burlapped nursery stock being held for sale to the public must be kept 
5.8 	in a moisture-holding material approved by the commissioner and not toxic to plants. 
5.9 	The moisture-holding material must adequately cover and protect the ball of earth and 
5.10 	must be kept moist at all times.

5.11 	Sec. 9. Minnesota Statutes 2010, section 18H.14, is amended to read:
5.12 	18H.14 LABELING AND ADVERTISING OF NURSERY STOCK.
5.13 	(a) Plants, plant materials, or nursery stock must not be labeled or advertised with 
5.14 	false or misleading information including, but not limited to, scientific name, variety, 
5.15 	place of origin, hardiness zone as defined by the United States Department of Agriculture, 
5.16 	and growth habit.
5.17 	(b) A person may not offer for distribution plants, plant materials, or nursery stock, 
5.18 	represented by some specific or special form of notation, including, but not limited to, 
5.19 	"free from" or "grown free of," unless the plants are produced under a specific program 
5.20 	approved by the commissioner to address the specific plant properties addressed in the 
5.21 	special notation claim.
5.22 	(c) Nursery stock collected from the wild state must be inspected and certified 
5.23 	prior to sale and at the time of sale must be labeled "Collected from the Wild." The label 
5.24 	must remain on each plant or clump of plants while it is offered for sale and during the 
5.25 	distribution process. The collected stock may be grown in nursery rows at least two years, 
5.26 	after which the plants may be sold without the labeling required by this paragraph.

5.27 	Sec. 10. Minnesota Statutes 2010, section 21.82, subdivision 7, is amended to read:
5.28 		Subd. 7.Vegetable seeds. For vegetable seeds prepared for use in home gardens 
5.29 	or household plantings the requirements in paragraphs (a) to (p) apply. Vegetable seeds 
5.30 	packed for sale in commercial quantities to farmers, conservation groups, and other similar 
5.31 	entities are considered agricultural seeds and must be labeled accordingly.
5.32 	(a) The label must contain the name of the kind or kind and variety for each seed 
5.33 	component in excess of five percent of the whole and the percentage by weight of each 
5.34 	in order of its predominance. If the variety of those kinds generally labeled as to variety 
6.1 	is not stated and it is not required to be stated, the label must show the name of the kind 
6.2 	and the words "variety not stated."
6.3 	(b) The percentage that is hybrid must be at least 95 percent of the percentage of pure 
6.4 	seed shown unless the percentage of pure seed which is hybrid seed is shown separately. 
6.5 	If two or more kinds of varieties are present in excess of five percent and are named on 
6.6 	the label, each that is hybrid must be designated as hybrid on the label. Any one kind or 
6.7 	kind and variety that has pure seed that is less than 95 percent but more than 75 percent 
6.8 	hybrid seed as a result of incompletely controlled pollination in a cross must be labeled 
6.9 	to show the percentage of pure seed that is hybrid seed or a statement such as "contains 
6.10 	from 75 percent to 95 percent hybrid seed." No one kind or variety of seed may be labeled 
6.11 	as hybrid if the pure seed contains less than 75 percent hybrid seed. The word "hybrid" 
6.12 	must be shown on the label in conjunction with the kind.
6.13 	(c) Blends must be listed on the label using the term "blend" in conjunction with 
6.14 	the kind.
6.15 	(d) Mixtures shall be listed on the label using the term "mixture," "mix," or "mixed."
6.16 	(e) The label must show a lot number or other lot identification.
6.17 	(f) The origin may be omitted from the label.
6.18 	(g) The label must show the year for which the seed was packed for sale listed as 
6.19 	"packed for (year)" for seed with a percentage of germination that exceeds the standard last 
6.20 	established by the commissioner, the percentage of germination and the calendar month 
6.21 	and year that the percentages were determined by test, or the calendar month and year the 
6.22 	germination test was completed and the statement "sell by (month and year listed here)," 
6.23 	which may be no more than 12 months from the date of test, exclusive of the month of test.
6.24 	(h) For vegetable seeds which germinate less than the standard last established by 
6.25 	the commissioner, the label must show:
6.26 	(1) a percentage of germination, exclusive of hard or dormant seed or both;
6.27 	(2) a percentage of hard or dormant seed or both, if present; and
6.28 	(3) the words "below standard" in not less than eight point type and the month and 
6.29 	year the percentages were determined by test.
6.30 	(i) The net weight of the contents or a statement indicating the number of seeds in 
6.31 	the container or both, must appear on either the container or the label, except that for 
6.32 	containers with contents of 200 seeds or less a statement indicating the number of seeds in 
6.33 	the container may be listed along with or in lieu of the net weight of contents.
6.34 	(j) The heading for and percentage by weight of pure seed may be omitted from a 
6.35 	label if the total is more than 90 percent.
7.1 	(k) The heading for and percentage by weight of weed seed may be omitted from a 
7.2 	label if they are not present in the seed.
7.3 	(l) The heading "noxious weed seeds" may be omitted from a label if they are not 
7.4 	present in the seed.
7.5 	(m) The heading for and percentage by weight of other crop seed may be omitted 
7.6 	from a label if it is less than five percent.
7.7 	(n) The heading for and percentage by weight of inert matter may be omitted from a 
7.8 	label if it is less than ten percent.
7.9 	(o) The label must contain the name and address of the person who labeled the 
7.10 	seed or who sells the seed in this state or a code number that has been registered with 
7.11 	the commissioner.
7.12 	(p) The labeling requirements for vegetable seeds prepared for use in home gardens 
7.13 	or household plantings when sold outside their original containers are met if the seed is 
7.14 	weighed from a properly labeled container in the presence of the purchaser.

7.15 	Sec. 11. Minnesota Statutes 2010, section 21.82, subdivision 8, is amended to read:
7.16 		Subd. 8.Flower seeds. For flower and wildflower seeds prepared for use in home 
7.17 	gardens or household plantings, the requirements in paragraphs (a) to (l) apply. Flower 
7.18 	and wildflower seeds packed for sale in commercial quantities to farmers, conservation 
7.19 	groups, and other similar entities are considered agricultural seeds and must be labeled 
7.20 	accordingly.
7.21 	(a) The label must contain the name of the kind and variety or a statement of type 
7.22 	and performance characteristics as prescribed by rule.
7.23 	(b) The percentage that is hybrid must be at least 95 percent of the percentage of pure 
7.24 	seed shown unless the percentage of pure seed which is hybrid seed is shown separately. 
7.25 	If two or more kinds of varieties are present in excess of five percent and are named on 
7.26 	the label, each that is hybrid must be designated as hybrid on the label. Any one kind or 
7.27 	kind and variety that has pure seed that is less than 95 percent but more than 75 percent 
7.28 	hybrid seed as a result of incompletely controlled pollination in a cross must be labeled 
7.29 	to show the percentage of pure seed that is hybrid seed or a statement such as "contains 
7.30 	from 75 percent to 95 percent hybrid seed." No one kind or variety of seed may be labeled 
7.31 	as hybrid if the pure seed contains less than 75 percent hybrid seed. The word "hybrid" 
7.32 	must be shown on the label in conjunction with the kind.
7.33 	(c) Blends must be listed on the label using the term "blend" in conjunction with 
7.34 	the kind.
7.35 	(d) Mixtures must be listed on the label using the term "mixture," "mix," or "mixed."
8.1 	(e) The label must contain the lot number or other lot identification.
8.2 	(f) The origin may be omitted from the label.
8.3 	(g) The label must contain the year for which the seed was packed for sale listed as 
8.4 	"packed for (year)" for seed with a percentage of germination that exceeds the standard last 
8.5 	established by the commissioner, the percentage of germination and the calendar month 
8.6 	and year that the percentages were determined by test, or the calendar month and year the 
8.7 	germination test was completed and the statement "sell by (month and year listed here)," 
8.8 	which may be no more than 12 months from the date of test, exclusive of the month of test.
8.9 	(h) For flower seeds which germinate less than the standard last established by 
8.10 	the commissioner, the label must show:
8.11 	(1) percentage of germination exclusive of hard or dormant seed or both;
8.12 	(2) percentage of hard or dormant seed or both, if present; and
8.13 	(3) the words "below standard" in not less than eight point type and the month and 
8.14 	year this percentage was determined by test.
8.15 	(i) The label must show the net weight of contents or a statement indicating the 
8.16 	number of seeds in the container, or both, on either the container or the label, except that 
8.17 	for containers with contents of 200 seeds or less a statement indicating the number of 
8.18 	seeds in the container may be listed along with or in lieu of the net weight of contents.
8.19 	(j) The heading for and percentage by weight of pure seed may be omitted from a 
8.20 	label if the total is more than 90 percent.
8.21 	(k) The heading for and percentage by weight of weed seed may be omitted from a 
8.22 	label if they are not present in the seed.
8.23 	(l) The heading "noxious weed seeds" may be omitted from a label if they are not 
8.24 	present in the seed.
8.25 	(m) The heading for and percentage by weight of other crop seed may be omitted 
8.26 	from a label if it is less than five percent.
8.27 	(n) The heading for and percentage by weight of inert matter may be omitted from a 
8.28 	label if it is less than ten percent.
8.29 	(o) The label must show the name and address of the person who labeled the seed 
8.30 	or who sells the seed within this state, or a code number which has been registered with 
8.31 	the commissioner.

8.32 	Sec. 12. Minnesota Statutes 2010, section 41A.105, is amended by adding a 
8.33 	subdivision to read:
8.34 		Subd. 1a.Definitions. For the purpose of this section:
8.35 	(1) "biobutanol facility" means a facility at which biobutanol is produced; and
9.1 	(2) "biobutanol" means fermentation isobutyl alcohol that is derived from 
9.2 	agricultural products, including potatoes, cereal grains, cheese whey, and sugar beets; 
9.3 	forest products; or other renewable resources, including residue and waste generated 
9.4 	from the production, processing, and marketing of agricultural products, forest products, 
9.5 	and other renewable resources.

9.6 	Sec. 13. Minnesota Statutes 2010, section 232.22, subdivision 3, is amended to read:
9.7 		Subd. 3.Fees; grain buyers and storage account. There is created in the 
9.8 	agricultural fund an account known as the grain buyers and storage account. The 
9.9 	commissioner shall set the fees for inspections examinations, certifications, and licenses 
9.10 	under sections 232.20 to 232.25 at levels necessary to pay the costs of administering and 
9.11 	enforcing sections 232.20 to 232.25. All money collected pursuant to sections 232.20
9.12 	to 232.25 and chapters 233 and 236 shall be paid by the commissioner into the state 
9.13 	treasury and credited to the grain buyers and storage account and is appropriated to the 
9.14 	commissioner for the administration and enforcement of sections 232.20 to 232.25 and 
9.15 	chapters 233 and 236. All money collected pursuant to chapter 231 shall be paid by 
9.16 	the commissioner into the grain buyers and storage account and is appropriated to the 
9.17 	commissioner for the administration and enforcement of chapter 231.
9.18 	The fees for a license to store grain are as follows:
9.19 	(a) For a license to store grain, $110 for each home rule charter or statutory city or 
9.20 	town in which a public grain warehouse is operated.
9.21 	(b) A person with a license to store grain in a public grain warehouse is subject to 
9.22 	an examination fee for each licensed location, based on the following schedule for one 
9.23 	examination:

9.24
9.25		Bushel Capacity
	Examination 
Fee
		
9.26		Less than 150,001
	$
	300
		
9.27		150,001 to 250,000
	$
	425
		
9.28		250,001 to 500,000
	$
	545
		
9.29		500,001 to 750,000
	$
	700
		
9.30		750,001 to 1,000,000
	$
	865
		
9.31		1,000,001 to 1,200,000
	$
	1,040
		
9.32		1,200,001 to 1,500,000
	$
	1,205
		
9.33		1,500,001 to 2,000,000
	$
	1,380
		
9.34		More than 2,000,000
	$
	1,555
		
9.35 	(c) The fee for the second examination is $55 per hour per examiner for warehouse 
9.36 	operators who choose to have it performed by the commissioner.
10.1 	(d) A penalty amount not to exceed ten percent of the fees due may be imposed by 
10.2 	the commissioner for each month for which the fees are delinquent.

10.3 	Sec. 14. Minnesota Statutes 2010, section 232.22, subdivision 4, is amended to read:
10.4 		Subd. 4.Bonding. (a) Before a license is issued, the applicant for a public grain 
10.5 	warehouse operator's license shall file with the commissioner a bond in a penal sum 
10.6 	prescribed by the commissioner. The penal sum on a condition one bond shall be 
10.7 	established by rule by the commissioner pursuant to the requirements of chapter 14 for all 
10.8 	grain outstanding on grain warehouse receipts. The penal sum on a condition two bond 
10.9 	shall not be less than $10,000 for each location up to a maximum of five locations. based 
10.10 	on the annual average liability as stated on the statement of grain in storage report and 
10.11 	applying the following amounts:
10.12 	(1) $10,000 for storages with annual average storage liability is more than $0 but 
10.13 	not more than $25,000;
10.14 	(2) $20,000 for storages with annual average storage liability is more than $25,001 
10.15 	but not more than $50,000;
10.16 	(3) $30,000 for storages with annual average storage liability is more than $50,001 
10.17 	but not more than $75,000;
10.18 	(4) $50,000 for storages with annual average storage liability is more than $75,001 
10.19 	but not more than $100,000;
10.20 	(5) $75,000 for storages with annual average storage liability is more than $100,001 
10.21 	but not more than $200,000;
10.22 	(6) $125,000 for storages with annual average storage liability is more than $200,001 
10.23 	but not more than $300,000;
10.24 	(7) $175,000 for storages with annual average storage liability is more than $300,001 
10.25 	but not more than $400,000;
10.26 	(8) $225,000 for storages with annual average storage liability is more than $400,001 
10.27 	but not more than $500,000;
10.28 	(9) $275,000 for storages with annual average storage liability is more than $500,001 
10.29 	but not more than $600,000;
10.30 	(10) $325,000 for storages with annual average storage liability is more than 
10.31 	$600,001 but not more than $700,000;
10.32 	(11) $425,000 for storages with annual average storage liability is more than 
10.33 	$800,001 but not more than $900,000;
10.34 	(12) $475,000 for storages with annual average storage liability is more than 
10.35 	$900,001 but not more than $1,000,000; and
11.1 	(13) $500,000 for storages with annual average storage liability is more than 
11.2 	$1,000,000.
11.3 	(b) Bonds must be continuous until canceled. To cancel a bond, a surety must provide 
11.4 	90 days' written notice of the bond's termination date to the licensee and the commissioner.

11.5 	Sec. 15. Minnesota Statutes 2010, section 232.23, subdivision 10, is amended to read:
11.6 		Subd. 10.Delivery of grain. (a) On the redemption of a grain warehouse receipt 
11.7 	and payment of all lawful charges, the grain represented by the receipt is immediately 
11.8 	deliverable to the depositor or the depositor's order, and is not subject to any further charge 
11.9 	for storage after demand for delivery has been made and proper facilities for receiving and 
11.10 	shipping the grain have been provided. If delivery has not commenced within 48 hours 
11.11 	after demand has been made and proper facilities have been provided, the public grain 
11.12 	warehouse operator issuing the grain warehouse receipt is liable to the owner in damages 
11.13 	not exceeding two cents per bushel for each day's delay, unless the public grain warehouse 
11.14 	operator makes delivery to different owners in the order demanded as rapidly as it can be 
11.15 	done through ordinary diligence, or unless insolvency has occurred.
11.16 	(b) If a disagreement arises between the person receiving and the person delivering 
11.17 	the grain at a public grain warehouse in this state as to the proper grade or dockage of any 
11.18 	grain, an average sample of at least three quarts of the grain in dispute may be taken by 
11.19 	either or both of the persons interested. The sample shall be certified by both the owner 
11.20 	and the public grain warehouse operator as being true samples of the grain in dispute 
11.21 	on the delivery day. The samples shall be forwarded in a suitable airtight container by 
11.22 	parcel post or express, prepaid, with the name and address of both parties, to the head of 
11.23 	the grain inspection program of the Department of Agriculture, who shall, upon request, 
11.24 	examine the grain, and determine what grade or dockage the samples of grain are entitled 
11.25 	to under the inspection rules. Before the results of the inspection are released to the person 
11.26 	requesting the inspection, the person shall pay the required fee. The fee shall be the same 
11.27 	as that required for similar services rendered by the grain inspection program.

11.28 	Sec. 16. Minnesota Statutes 2010, section 232.24, subdivision 1, is amended to read:
11.29 		Subdivision 1.Schedule of inspection examination. A licensee under sections 
11.30 	232.20 to 232.25 is subject to two audits examinations annually conducted by the 
11.31 	commissioner or the agricultural marketing service of the United States Department of 
11.32 	Agriculture. The commissioner may, by rule, authorize one audit examination to be 
11.33 	conducted by a qualified nongovernmental unit. 

12.1 	Sec. 17. Minnesota Statutes 2010, section 232.24, subdivision 2, is amended to read:
12.2 		Subd. 2.Financial reports. A licensee under sections 232.20 to 232.25upon request 
12.3 	must provide to the commissioner a copy of the financial reports of an audit conducted by 
12.4 	a qualified nongovernmental unit containing information the commissioner requires. 

12.5 	Sec. 18. Minnesota Statutes 2010, section 236.02, is amended by adding a subdivision 
12.6 	to read:
12.7 		Subd. 4a.Statement of grain in storage; reports. (a) Annually by February 15 
12.8 	each grain bank operator must file with the commissioner on a form approved by the 
12.9 	commissioner a report showing the highest monthly net liability of all grain outstanding 
12.10 	on grain bank receipts that occurred during the preceding calendar year. This report must 
12.11 	be used for the purpose of establishing the sum of the bond.
12.12 	(b) Grain bank operators that are at maximum bond and want to continue at 
12.13 	maximum bond do not need to file this report.
12.14 	(c) It is a violation of this chapter for a public grain bank operator to fail to file 
12.15 	the report required in clause (a).

12.16 	Sec. 19. Minnesota Statutes 2010, section 236.02, subdivision 5, is amended to read:
12.17 		Subd. 5.Bond Bonding. A license may not be issued for the operation of a 
12.18 	grain bank until the applicant has filed with the department a bond in a sum set by the 
12.19 	department. The bond may not be less than $1,500 for each license and must at all times 
12.20 	be large enough to protect the holders of outstanding grain bank receipts. Bonds must be 
12.21 	filed annually and cover the period of the grain bank license.(a) Before a license is issued, 
12.22 	the applicant for a grain bank operator's license shall file with the commissioner a bond in 
12.23 	a penal sum prescribed by the commissioner based on the annual average liability as stated 
12.24 	on the statement of grain in storage report and applying the following amounts:
12.25 	(1) $1,500 for storages with average annual storage liability is more than $0 but not 
12.26 	more than $5,000;
12.27 	(2) $3,000 for storages with average annual storage liability is more than $5,001 but 
12.28 	not more than $10,000;
12.29 	(3) $8,000 for storages with average annual storage liability is more than $10,001 
12.30 	but not more than $25,000;
12.31 	(4) $15,000 for storages with average annual storage liability is more than $25,001 
12.32 	but not more than $50,000;
12.33 	(5) $35,000 for storages with average annual storage liability is more than $50,001 
12.34 	but not more than $100,000;
13.1 	(6) $75,000 for storages with average annual storage liability is more than $100,001 
13.2 	but not more than $200,000;
13.3 	(7) $125,000 for storages with average annual storage liability is more than $200,001 
13.4 	but not more than $300,000; and
13.5 	(8) $150,000 for storages with average annual storage liability is more than $300,001.
13.6 	(b) Bonds must be continuous until canceled. To cancel a bond, a surety must provide 
13.7 	90 days' written notice of the bond's termination date to the licensee and the commissioner.
13.8 	Bonds must run to the state of Minnesota and be for the benefit of all persons storing 
13.9 	grain in a grain bank. They must be conditioned upon the faithful performance by the 
13.10 	grain bank operator of the law relating to the operation of grain banks by the grain bank 
13.11 	operator and related rules of the department. The department may require increases in 
13.12 	the amounts of bonds as it considers necessary for the protection of grain bank receipt 
13.13 	holders. The surety of grain bank bonds must be a corporate surety company authorized to 
13.14 	transact business in Minnesota.

13.15 	Sec. 20. Minnesota Statutes 2010, section 239.092, is amended to read:
13.16 	239.092 SALE FROM BULK.
13.17 	(a) Bulk sales of commodities, when the buyer and seller are not both present to 
13.18 	witness the measurement, must be accompanied by a delivery ticket containing the 
13.19 	following information:
13.20 	(1) the name and address of the person who weighed or measured the commodity;
13.21 	(2) the date delivered;
13.22 	(3) the quantity delivered;
13.23 	(4) the count of individually wrapped packages delivered, if more than one is 
13.24 	included in the quantity delivered;
13.25 	(5) the quantity on which the price is based, if different than the quantity delivered; 
13.26 	and
13.27 	(6) the identity of the commodity in the most descriptive terms commercially 
13.28 	practicable, including representations of quality made in connection with the sale.
13.29 	(b) This section is not intended to conflict with the bulk sale requirements of the 
13.30 	Department of Agriculture. If a conflict occurs, the law and rules of the Department of 
13.31 	Agriculture govern.
13.32 	(c) Firewood sold or distributed across state boundaries or more than 100 miles from 
13.33 	its origin must include delivery ticket information regarding the harvest locations of 
13.34 	the wood by county or counties and state.
14.1 	(d) Paragraph (c) may be enforced using the authority granted in this chapter or 
14.2 	section 18J.05 or 84D.13.

14.3 	Sec. 21. Minnesota Statutes 2010, section 239.093, is amended to read:
14.4 	239.093 INFORMATION REQUIRED WITH PACKAGE.
14.5 	(a) A package offered, exposed, or held for sale must bear a clear and conspicuous 
14.6 	declaration of:
14.7 	(1) the identity of the commodity in the package, unless the commodity can be easily 
14.8 	identified through the wrapper or container;
14.9 	(2) the net quantity in terms of weight, measure, or count;
14.10 	(3) the name and address of the manufacturer, packer, or distributor, if the packages 
14.11 	were not produced on the premises where they are offered, exposed, or held for sale; and
14.12 	(4) the unit price, if the packages are part of a lot containing random weight 
14.13 	packages of the same commodity.
14.14 	(b) This section is not intended to conflict with the packaging requirements of the 
14.15 	Department of Agriculture. If a conflict occurs, the laws and rules of the Department of 
14.16 	Agriculture govern.
14.17 	(c) Firewood sold or distributed across state boundaries or more than 100 miles from 
14.18 	its origin must include information regarding the harvest locations of the wood by county 
14.19 	or counties and state on each label or wrapper.
14.20 	(d) Paragraph (c) may be enforced using the authority granted in this chapter or 
14.21 	section 18J.05 or 84D.13.

14.22 	Sec. 22.  REPEALER.
 14.23 	(a) Minnesota Statutes 2010, sections 17B.01; 17B.02; 17B.03; 17B.04; 17B.041; 
14.24 	17B.0451; 17B.048; 17B.05; 17B.06; 17B.07; 17B.10; 17B.11; 17B.12; 17B.13; 17B.14; 
14.25 	17B.15, subdivisions 1 and 3; 17B.16; 17B.17; 17B.18; 17B.20; 17B.22, subdivisions 1 
14.26 	and 2; 17B.28; 17B.29; and 232.24, subdivision 3, are repealed.
14.27 	(b) Minnesota Rules, parts 1505.0780; 1505.0810; 1562.0100, subparts 3, 4, 5, 
14.28 	6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25; 1562.0200; 
14.29 	1562.0700, subparts 1b and 3; 1562.0900; and 1562.1300, are repealed.