1.1 	A bill for an act
1.2 	relating to agriculture; modifying provisions related to pesticides, plants, nursery 
1.3 	law, inspections, enforcements, seeds, commercial feed, food, animals, grain, and 
1.4 	weights and measures; establishing Dairy Research, Teaching, and Consumer 
1.5 	Education Authority; providing for food law enforcement; making technical and 
1.6 	conforming changes; repealing obsolete provisions; extending certain exceptions 
1.7 	to the minimum content requirements for biodiesel; imposing penalties; requiring 
1.8 	reports;amending Minnesota Statutes 2010, sections 17.114, subdivisions 3, 4; 
1.9 	17.982, subdivision 1; 17.983; 18B.065, subdivision 2a; 18B.316, subdivision 6; 
1.10 	18G.02, subdivision 14; 18G.10, subdivision 7, by adding a subdivision; 18H.02, 
1.11 	subdivision 14, by adding a subdivision; 18H.10; 18H.14; 18J.01; 18J.02; 18J.04, 
1.12 	subdivisions 1, 2, 3, 4; 18J.05, subdivisions 1, 2, 6; 18J.06; 18J.07, subdivisions 
1.13 	3, 4, 5; 21.82, subdivisions 7, 8; 25.33, subdivisions 5, 13, 14; 25.36; 25.37; 
1.14 	28A.03, subdivisions 3, 5, 6; 28A.21, subdivision 6; 31.01, subdivisions 2, 3, 4, 
1.15 	21, 25, 28; 31.121; 31.123; 31.13; 31.94; 31A.02, subdivisions 13, 14, 15, 16; 
1.16 	31A.23; 32.01, subdivisions 11, 12; 35.0661, subdivisions 2, 3; 40A.17; 41A.12, 
1.17 	subdivisions 2, 4; 223.16, subdivision 12; 223.17, subdivisions 1, 4, 9; 232.21, 
1.18 	subdivisions 2, 6, 12; 232.22, subdivisions 3, 4, 5, 7; 232.23, subdivisions 2, 10; 
1.19 	232.24, subdivisions 1, 2; 239.092; 239.093; 239.77, subdivision 3; Laws 2010, 
1.20 	chapter 228, section 4; Laws 2010, Second Special Session chapter 1, article 1, 
1.21 	section 11; Laws 2011, chapter 14, section 6; proposing coding for new law as 
1.22 	Minnesota Statutes, chapters 32C; 34A; repealing Minnesota Statutes 2010, 
1.23 	sections 17.984; 17B.01; 17B.02; 17B.03; 17B.04; 17B.041; 17B.0451; 17B.048; 
1.24 	17B.05; 17B.06; 17B.07; 17B.10; 17B.11; 17B.12; 17B.13; 17B.14; 17B.15, 
1.25 	subdivisions 1, 3; 17B.16; 17B.17; 17B.18; 17B.20; 17B.22, subdivisions 1, 2; 
1.26 	17B.28; 17B.29; 28.15; 28A.12; 28A.13; 29.28; 31.031; 31.041; 31.05; 31.14; 
1.27 	31.393; 31.58; 31.592; 31.621, subdivision 5; 31.631, subdivision 4; 31.633, 
1.28 	subdivision 2; 31.681; 31.74, subdivision 3; 31.91; 31A.24; 31A.26; 32.078; 
1.29 	32.475, subdivision 7; 32.61; 32.90; 34.113; 35.243; 35.255; 35.67; 35.72, 
1.30 	subdivisions 1, 2, 3, 4, 5; 223.16, subdivision 7; 223.18; 232.21, subdivision 
1.31 	4; 232.24, subdivision 3; 232.25; 233.01; 233.015; 233.017; 233.02; 233.03; 
1.32 	233.05; 233.06; 233.07; 233.08; 233.09; 233.10; 233.11; 233.12; 233.22; 233.23; 
1.33 	233.24; 233.33; 234.01; 234.03; 234.04; 234.05; 234.06; 234.08; 234.09; 234.10; 
1.34 	234.11; 234.12; 234.13; 234.14; 234.15; 234.16; 234.17; 234.18; 234.19; 234.20; 
1.35 	234.21; 234.22; 234.23; 234.24; 234.25; 234.27; 235.01; 235.02; 235.04; 235.05; 
1.36 	235.06; 235.07; 235.08; 235.09; 235.10; 235.13; 235.18; 236.01; 236.02; 236.03; 
1.37 	236.04; 236.05; 236.06; 236.07; 236.08; 236.09; 395.14; 395.15; 395.16; 
1.38 	395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23; 395.24; Minnesota 
1.39 	Rules, parts 1505.0780; 1505.0810; 1511.0100; 1511.0110; 1511.0120; 
2.1 	1511.0130; 1511.0140; 1511.0150; 1511.0160; 1511.0170; 1540.0010, subpart 
2.2 	26; 1550.0930, subparts 3, 4, 5, 6, 7; 1550.1040, subparts 3, 4, 5, 6; 1550.1260, 
2.3 	subparts 6, 7; 1562.0100, subparts 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 
2.4 	18, 19, 20, 21, 22, 23, 24, 25; 1562.0200; 1562.0400; 1562.0700; 1562.0900; 
2.5 	1562.1300; 1562.1800.
2.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.7 	ARTICLE 1
2.8 	POLICY AND TECHNICAL PROVISIONS

2.9 	Section 1. Minnesota Statutes 2010, section 17.114, subdivision 3, is amended to read:
2.10 		Subd. 3.Duties. (a) The commissioner shall:
2.11 	(1) establish a clearinghouse and provide information, appropriate educational 
2.12 	opportunities and other assistance to individuals, producers, and groups about sustainable 
2.13 	agricultural techniques, practices, and opportunities;
2.14 	(2) survey producers and support services and organizations to determine 
2.15 	information and research needs in the area of sustainable agricultural practices;
2.16 	(3) demonstrate the on-farm applicability of sustainable agriculture practices to 
2.17 	conditions in this state;
2.18 	(4) coordinate the efforts of state agencies regarding activities relating to sustainable 
2.19 	agriculture;
2.20 	(5) direct the programs of the department so as to work toward the sustainability of 
2.21 	agriculture in this state;
2.22 	(6) inform agencies of how state or federal programs could utilize and support 
2.23 	sustainable agriculture practices;
2.24 	(7) work closely with farmers, the University of Minnesota, and other appropriate 
2.25 	organizations to identify opportunities and needs as well as assure coordination and 
2.26 	avoid duplication of state agency efforts regarding research, teaching, and extension 
2.27 	work relating to sustainable agriculture; and
2.28 	(8) work cooperatively with local governments and others to strengthen the 
2.29 	connection between farmers who practice sustainable farming methods and urban, rural, 
2.30 	and suburban consumers, including, but not limited to, promoting local farmers' markets 
2.31 	and community-supported agriculture; and.
2.32 	(9) report to the Environmental Quality Board for review and then to the house of 
2.33 	representatives and senate committees with jurisdiction over the environment, natural 
2.34 	resources, and agriculture every even-numbered year.
2.35 	(b) The report under paragraph (a), clause (9), must include:
3.1 	(1) the presentation and analysis of findings regarding the current status and trends 
3.2 	regarding the economic condition of producers; the status of soil and water resources 
3.3 	utilized by production agriculture; the magnitude of off-farm inputs used; and the amount 
3.4 	of nonrenewable resources used by Minnesota farmers;
3.5 	(2) a description of current state or federal programs directed toward sustainable 
3.6 	agriculture including significant results and experiences of those programs;
3.7 	(3) a description of specific actions the Department of Agriculture is taking in the 
3.8 	area of sustainable agriculture, including, but not limited to, specific actions to strengthen 
3.9 	the connection between sustainable farmers and consumers under paragraph (a), clause (8);
3.10 	(4) a description of current and future research needs at all levels in the area of 
3.11 	sustainable agriculture; and
3.12 	(5) suggestions for changes in existing programs or policies or enactment of new 
3.13 	programs or policies that will affect farm profitability, maintain soil and water quality, 
3.14 	reduce input costs, or lessen dependence upon nonrenewable resources.

3.15 	Sec. 2. Minnesota Statutes 2010, section 17.114, subdivision 4, is amended to read:
3.16 		Subd. 4.Integrated pest management. (a) The state shall promote and facilitate 
3.17 	the use of integrated pest management through education, technical or financial assistance, 
3.18 	information and research.
3.19 	(b) The commissioner shall coordinate the development of a state approach to the 
3.20 	promotion and use of integrated pest management, which shall include delineation of 
3.21 	the responsibilities of the state, public postsecondary institutions, Minnesota Extension 
3.22 	Service, local units of government, and the private sector; establishment of information 
3.23 	exchange and integration; procedures for identifying research needs and reviewing and 
3.24 	preparing informational materials; procedures for factoring integrated pest management 
3.25 	into state laws, rules, and uses of pesticides; and identification of barriers to adoption.
3.26 	(c) The commissioner shall report to the Environmental Quality Board for review 
3.27 	and then to the house of representatives and senate committees with jurisdiction over the 
3.28 	environment, natural resources, and agriculture every even-numbered year. The report 
3.29 	shall be combined with the report required in subdivision 3.

3.30 	Sec. 3. Minnesota Statutes 2010, section 18B.065, subdivision 2a, is amended to read:
3.31 		Subd. 2a.Disposal site requirement. (a) For agricultural waste pesticides, the 
3.32 	commissioner must designate a place in each county of the state that is available at least 
3.33 	every other year for persons to dispose of unused portions of agricultural pesticides. The 
3.34 	commissioner shall consult with the person responsible for solid waste management 
4.1 	and disposal in each county to determine an appropriate location and to advertise each 
4.2 	collection event. The commissioner may provide a collection opportunity in a county 
4.3 	more frequently if the commissioner determines that a collection is warranted.
4.4 	(b) For nonagricultural waste pesticides, the commissioner must provide a disposal 
4.5 	opportunity each year in each county or enter into a contract with a group of counties 
4.6 	under a joint powers agreement or contract for household hazardous waste disposal.
4.7 	(c) As provided under subdivision 7, the commissioner may enter into cooperative 
4.8 	agreements with local units of government to provide the collections required under 
4.9 	paragraph (a) or (b) and shall provide a local unit of government, as part of the cooperative 
4.10 	agreement, with funding for reasonable costs incurred including, but not limited to, related 
4.11 	supplies, transportation, advertising, and disposal costs as well as reasonable overhead 
4.12 	costs.
4.13 	(d) A person who collects waste pesticide under this section shall, on a form 
4.14 	provided or in a method approved by the commissioner, record information on each 
4.15 	waste pesticide product collected including, but not limited to, the quantity collected 
4.16 	and either the product name and its active ingredient or ingredients or the United States 
4.17 	Environmental Protection Agency registration number. The person must submit this 
4.18 	information to the commissioner at least annually by January 30.

4.19 	Sec. 4. Minnesota Statutes 2010, section 18B.316, subdivision 6, is amended to read:
4.20 		Subd. 6.Agricultural pesticide sales invoices. (a) Sales invoices for agricultural 
4.21 	pesticides sold in or into this state by a licensed agricultural pesticide dealer or a pesticide 
4.22 	dealer under this section must show the percent of gross sales fee rate assessed and the 
4.23 	gross sales fee paid under section 18B.26, subdivision 3, paragraph (c).
4.24 	(b) A licensed agricultural pesticide dealer or a pesticide dealer may request an 
4.25 	exemption from paragraph (a). The request for exemption must be in writing to the 
4.26 	commissioner and must include verifiable information to justify that compliance with 
4.27 	paragraph (a) is an extreme business hardship for the licensed agricultural pesticide dealer 
4.28 	or pesticide dealer. The commissioner may approve or reject a request for exemption 
4.29 	based upon review of the submitted information. An approved exemption under this 
4.30 	paragraph is valid for one calendar year. The commissioner must maintain a list of those 
4.31 	licensed agricultural pesticide dealers or pesticide dealers that have been granted an 
4.32 	exemption on the department's Web site.
4.33 	(c) A licensed agricultural pesticide dealer or a pesticide dealer issued an exemption 
4.34 	under paragraph (b) must include the following statement on each sales invoice for any 
5.1 	sale of an agricultural pesticide: "Minnesota Department of Agriculture Annual Gross 
5.2 	Sales Fees of 0.55% have been Assessed and Paid on the Sale of an Agricultural Pesticide."
5.3 	(d) Only the person who actually will pay the gross sales fee may show the rate or 
5.4 	the amount of the fee as a line item on the sales invoice.

5.5 	Sec. 5. Minnesota Statutes 2010, section 18G.02, subdivision 14, is amended to read:
5.6 		Subd. 14.Infested. "Infested" means a plant has been overrun by plant pests, 
5.7 	including weeds, or contains or harbors plant pests in a quantity that may threaten other 
5.8 	plants.

5.9 	Sec. 6. Minnesota Statutes 2010, section 18G.10, subdivision 7, is amended to read:
5.10 		Subd. 7.Supplemental, additional, or other certificates and permits. (a) The 
5.11 	commissioner may provide inspection, sampling, or certification services to ensure 
5.12 	that Minnesota plant treatment processes, plant products, or commodities meet import 
5.13 	requirements of other states or countries.
5.14 	(b) The state plant regulatory official may issue permits and certificates verifying that 
5.15 	various Minnesota agricultural plant treatment processes, products, or commodities meet 
5.16 	specified plant health requirements, treatment requirements, or pest absence assurances 
5.17 	based on determinations by the commissioner.

5.18 	Sec. 7. Minnesota Statutes 2010, section 18G.10, is amended by adding a subdivision 
5.19 	to read:
5.20 		Subd. 8.Misuse of a certificate or permit. (a) Certificates and permits may not be 
5.21 	altered, counterfeited, obtained, or used improperly, for any plant product.
5.22 	(b) Certificates and permits are not transferable to another location or another person.

5.23 	Sec. 8. Minnesota Statutes 2010, section 18H.02, subdivision 14, is amended to read:
5.24 		Subd. 14.Infested. "Infested" means a plant has been overrun by plant pests, 
5.25 	including weeds, or contains or harbors plant pests in a quantity that may threaten other 
5.26 	plants.

5.27 	Sec. 9. Minnesota Statutes 2010, section 18H.02, is amended by adding a subdivision 
5.28 	to read:
5.29 		Subd. 16a.Nonhardy. "Nonhardy" means a plant that cannot be expected to 
5.30 	survive or reliably produce flowers and fruit in average minimum winter temperatures 
5.31 	at the growing site as determined by the commissioner based upon independent field 
6.1 	trials and industry input represented by the United States Department of Agriculture 
6.2 	Plant Hardiness Zone designations.

6.3 	Sec. 10. Minnesota Statutes 2010, section 18H.10, is amended to read:
6.4 	18H.10 STORAGE OF NURSERY STOCK.
6.5 	(a) All nursery stock must be kept and displayed under conditions of temperature, 
6.6 	light, and moisture sufficient to maintain the viability and vigor of the nursery stock.
6.7 	(b) Packaged dormant nursery stock must be stored under conditions that retard 
6.8 	growth, prevent etiolated growth, and protect its viability.
6.9 	(c) Balled and burlapped nursery stock being held for sale to the public must be kept 
6.10 	in a moisture-holding material approved by the commissioner and not toxic to plants. 
6.11 	The moisture-holding material must adequately cover and protect the ball of earth and 
6.12 	must be kept moist at all times.

6.13 	Sec. 11. Minnesota Statutes 2010, section 18H.14, is amended to read:
6.14 	18H.14 LABELING AND ADVERTISING OF NURSERY STOCK.
6.15 	(a) Plants, plant materials, or nursery stock must not be labeled or advertised with 
6.16 	false or misleading information including, but not limited to, scientific name, variety, 
6.17 	place of origin, hardiness zone as defined by the United States Department of Agriculture, 
6.18 	and growth habit.
6.19 	(b) All nonhardy nursery stock as designated by the commissioner must be labeled 
6.20 	"nonhardy" in Minnesota.
6.21 	(b) (c) A person may not offer for distribution plants, plant materials, or nursery 
6.22 	stock, represented by some specific or special form of notation, including, but not limited 
6.23 	to, "free from" or "grown free of," unless the plants are produced under a specific program 
6.24 	approved by the commissioner to address the specific plant properties addressed in the 
6.25 	special notation claim.
6.26 	(d) Nursery stock collected from the wild state must be inspected and certified 
6.27 	prior to sale and at the time of sale must be labeled "Collected from the Wild." The label 
6.28 	must remain on each plant or clump of plants while it is offered for sale and during the 
6.29 	distribution process. The collected stock may be grown in nursery rows at least two years, 
6.30 	after which the plants may be sold without the labeling required by this paragraph.

6.31 	Sec. 12. Minnesota Statutes 2010, section 18J.01, is amended to read:
6.32 	18J.01 DEFINITIONS.
7.1 	(a) The definitions in sections 18G.02and,18H.02, 27.01, 223.16, 231.01, and 
7.2 	232.21 apply to this chapter.
7.3 	(b) For purposes of this chapter, "associated rules" means rules adopted under this 
7.4 	chapter, chapter 18G or, 18H, 27, 223, 231, or 232, or sections 21.80 to 21.92.

7.5 	Sec. 13. Minnesota Statutes 2010, section 18J.02, is amended to read:
7.6 	18J.02 DUTIES OF COMMISSIONER.
7.7 	The commissioner shall administer and enforce this chapter, chapters 18G and, 18H, 
7.8 	27, 223, 231, and 232; sections 21.80 to 21.92,; and associated rules.

7.9 	Sec. 14. Minnesota Statutes 2010, section 18J.04, subdivision 1, is amended to read:
7.10 		Subdivision 1.Access and entry. The commissioner, upon presentation of official 
7.11 	department credentials, must be granted immediate access at reasonable times to sites 
7.12 	where a person manufactures, distributes, uses, handles, disposes of, stores, or transports 
7.13 	seeds, plants, grain, household goods, general merchandise, produce, or other living or 
7.14 	nonliving products or other objects regulated under chapter 18G or, 18H, 27, 223, 231, or 
7.15 	232; sections 21.80 to 21.92,; or associated rules.

7.16 	Sec. 15. Minnesota Statutes 2010, section 18J.04, subdivision 2, is amended to read:
7.17 		Subd. 2.Purpose of entry. (a) The commissioner may enter sites for:
7.18 	(1) inspection of inventory and equipment for the manufacture, storage, handling, 
7.19 	distribution, disposal, or any other process regulated under chapter 18G or, 18H, 27, 223, 
7.20 	231, or 232; sections 21.80 to 21.92,; or associated rules;
7.21 	(2) sampling of sites, seeds, plants, products, grain, household goods, general 
7.22 	merchandise, produce, or other living or nonliving objects that are manufactured, stored, 
7.23 	distributed, handled, or disposed of at those sites and regulated under chapter 18G or,
7.24 	18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules;
7.25 	(3) inspection of records related to the manufacture, distribution, storage, handling, 
7.26 	or disposal of seeds, plants, products, grain, household goods, general merchandise, 
7.27 	produce, or other living or nonliving objects regulated under chapter 18G or, 18H, 27, 
7.28 	223, 231, or 232; sections 21.80 to 21.92,; or associated rules;
7.29 	(4) investigating compliance with chapter 18G or, 18H, 27, 223, 231, or 232;
7.30 	sections 21.80 to 21.92,; or associated rules; or
7.31 	(5) other purposes necessary to implement chapter 18G or, 18H, 27, 223, 231, or 
7.32 	232; sections 21.80 to 21.92,; or associated rules.
8.1 	(b) The commissioner may enter any public or private premises during or after 
8.2 	regular business hours without notice of inspection when a suspected violation of chapter 
8.3 	18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules may 
8.4 	threaten public health or the environment.

8.5 	Sec. 16. Minnesota Statutes 2010, section 18J.04, subdivision 3, is amended to read:
8.6 		Subd. 3.Notice of inspection samples and analyses. (a) The commissioner shall 
8.7 	provide the owner, operator, or agent in charge with a receipt describing any samples 
8.8 	obtained. If requested, the commissioner shall split any samples obtained and provide 
8.9 	them to the owner, operator, or agent in charge. If an analysis is made of the samples, 
8.10 	a copy of the results of the analysis must be furnished to the owner, operator, or agent 
8.11 	in charge within 30 days after an analysis has been performed. If an analysis is not 
8.12 	performed, the commissioner must notify the owner, operator, or agent in charge within 30 
8.13 	days of the decision not to perform the analysis.
8.14 	(b) The sampling and analysis must be done according to methods provided for 
8.15 	under applicable provisions of chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80
8.16 	to 21.92,; or associated rules. In cases not covered by those sections and methods or in 
8.17 	cases where methods are available in which improved applicability has been demonstrated 
8.18 	the commissioner may adopt appropriate methods from other sources.

8.19 	Sec. 17. Minnesota Statutes 2010, section 18J.04, subdivision 4, is amended to read:
8.20 		Subd. 4.Inspection requests by others. (a) A person who believes that a violation 
8.21 	of chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated 
8.22 	rules has occurred may request an inspection by giving notice to the commissioner of the 
8.23 	violation. The notice must be in writing, state with reasonable particularity the grounds 
8.24 	for the notice, and be signed by the person making the request.
8.25 	(b) If after receiving a notice of violation the commissioner reasonably believes that 
8.26 	a violation has occurred, the commissioner shall make a special inspection in accordance 
8.27 	with the provisions of this section as soon as practicable, to determine if a violation has 
8.28 	occurred.
8.29 	(c) An inspection conducted pursuant to a notice under this subdivision may cover 
8.30 	an entire site and is not limited to the portion of the site specified in the notice. If the 
8.31 	commissioner determines that reasonable grounds to believe that a violation occurred 
8.32 	do not exist, the commissioner must notify the person making the request in writing of 
8.33 	the determination.

9.1 	Sec. 18. Minnesota Statutes 2010, section 18J.05, subdivision 1, is amended to read:
9.2 		Subdivision 1.Enforcement required. (a) A violation of chapter 18G or, 18H, 27, 
9.3 	223, 231, or 232; sections 21.80 to 21.92,; or an associated rule is a violation of this 
9.4 	chapter.
9.5 	(b) Upon the request of the commissioner, county attorneys, sheriffs, and other 
9.6 	officers having authority in the enforcement of the general criminal laws must take action 
9.7 	to the extent of their authority necessary or proper for the enforcement of chapter 18G or,
9.8 	18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules or valid orders, 
9.9 	standards, stipulations, and agreements of the commissioner.

9.10 	Sec. 19. Minnesota Statutes 2010, section 18J.05, subdivision 2, is amended to read:
9.11 		Subd. 2.Commissioner's discretion. If minor violations of chapter 18G or,
9.12 	18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules occur or the 
9.13 	commissioner believes the public interest will be best served by a suitable notice of 
9.14 	warning in writing, this section does not require the commissioner to:
9.15 	(1) report the violation for prosecution;
9.16 	(2) institute seizure proceedings; or
9.17 	(3) issue a withdrawal from distribution, stop-sale, or other order.

9.18 	Sec. 20. Minnesota Statutes 2010, section 18J.05, subdivision 6, is amended to read:
9.19 		Subd. 6.Agent for service of process. All persons licensed, permitted, registered, 
9.20 	or certified under chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or 
9.21 	associated rules must appoint the commissioner as the agent upon whom all legal process 
9.22 	may be served and service upon the commissioner is deemed to be service on the licensee, 
9.23 	permittee, registrant, or certified person.

9.24 	Sec. 21. Minnesota Statutes 2010, section 18J.06, is amended to read:
9.25 	18J.06 FALSE STATEMENT OR RECORD.
9.26 	A person must not knowingly make or offer a false statement, record, or other 
9.27 	information as part of:
9.28 	(1) an application for registration, license, certification, or permit under chapter 18G 
9.29 	or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules;
9.30 	(2) records or reports required under chapter 18G or, 18H, 27, 223, 231, or 232;
9.31 	sections 21.80 to 21.92,; or associated rules; or
9.32 	(3) an investigation of a violation of chapter 18G or, 18H, 27, 223, 231, or 232;
9.33 	sections 21.80 to 21.92,; or associated rules.

10.1 	Sec. 22. Minnesota Statutes 2010, section 18J.07, subdivision 3, is amended to read:
10.2 		Subd. 3.Cancellation of registration, permit, license, certification. The 
10.3 	commissioner may cancel or revoke a registration, permit, license, or certification 
10.4 	provided for under chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,;
10.5 	or associated rules or refuse to register, permit, license, or certify under provisions of 
10.6 	chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules 
10.7 	if the registrant, permittee, licensee, or certified person has used fraudulent or deceptive 
10.8 	practices in the evasion or attempted evasion of a provision of chapter 18G or, 18H, 27, 
10.9 	223, 231, or 232; sections 21.80 to 21.92,; or associated rules.

10.10 	Sec. 23. Minnesota Statutes 2010, section 18J.07, subdivision 4, is amended to read:
10.11 		Subd. 4.Service of order or notice. (a) If a person is not available for service of an 
10.12 	order, the commissioner may attach the order to the facility, site, seed or seed container, 
10.13 	plant or other living or nonliving object regulated under chapter 18G or, 18H, 27, 223, 
10.14 	231, or 232; sections 21.80 to 21.92,; or associated rules and notify the owner, custodian, 
10.15 	other responsible party, or registrant.
10.16 	(b) The seed, seed container, plant, or other living or nonliving object regulated 
10.17 	under chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated 
10.18 	rules may not be sold, used, tampered with, or removed until released under conditions 
10.19 	specified by the commissioner, by an administrative law judge, or by a court.

10.20 	Sec. 24. Minnesota Statutes 2010, section 18J.07, subdivision 5, is amended to read:
10.21 		Subd. 5.Unsatisfied judgments. (a) An applicant for a license, permit, registration, 
10.22 	or certification under provisions of this chapter, chapter 18G or, 18H, 27, 223, 231, or 
10.23 	232; sections 21.80 to 21.92,; or associated rules may not allow a final judgment against 
10.24 	the applicant for damages arising from a violation of those statutes or rules to remain 
10.25 	unsatisfied for a period of more than 30 days.
10.26 	(b) Failure to satisfy, within 30 days, a final judgment resulting from a violation 
10.27 	of this chapter results in automatic suspension of the license, permit, registration, or 
10.28 	certification.

10.29 	Sec. 25. Minnesota Statutes 2010, section 21.82, subdivision 7, is amended to read:
10.30 		Subd. 7.Vegetable seeds. For vegetable seeds prepared for use in home gardens 
10.31 	or household plantings the requirements in paragraphs (a) to (p) apply. Vegetable seeds 
10.32 	packed for sale in commercial quantities to farmers, conservation groups, and other similar 
10.33 	entities are considered agricultural seeds and must be labeled accordingly.
11.1 	(a) The label must contain the name of the kind or kind and variety for each seed 
11.2 	component in excess of five percent of the whole and the percentage by weight of each 
11.3 	in order of its predominance. If the variety of those kinds generally labeled as to variety 
11.4 	is not stated and it is not required to be stated, the label must show the name of the kind 
11.5 	and the words "variety not stated."
11.6 	(b) The percentage that is hybrid must be at least 95 percent of the percentage of pure 
11.7 	seed shown unless the percentage of pure seed which is hybrid seed is shown separately. 
11.8 	If two or more kinds of varieties are present in excess of five percent and are named on 
11.9 	the label, each that is hybrid must be designated as hybrid on the label. Any one kind or 
11.10 	kind and variety that has pure seed that is less than 95 percent but more than 75 percent 
11.11 	hybrid seed as a result of incompletely controlled pollination in a cross must be labeled 
11.12 	to show the percentage of pure seed that is hybrid seed or a statement such as "contains 
11.13 	from 75 percent to 95 percent hybrid seed." No one kind or variety of seed may be labeled 
11.14 	as hybrid if the pure seed contains less than 75 percent hybrid seed. The word "hybrid" 
11.15 	must be shown on the label in conjunction with the kind.
11.16 	(c) Blends must be listed on the label using the term "blend" in conjunction with 
11.17 	the kind.
11.18 	(d) Mixtures shall be listed on the label using the term "mixture," "mix," or "mixed."
11.19 	(e) The label must show a lot number or other lot identification.
11.20 	(f) The origin may be omitted from the label.
11.21 	(g) The label must show the year for which the seed was packed for sale listed as 
11.22 	"packed for (year)" for seed with a percentage of germination that exceeds the standard last 
11.23 	established by the commissioner, the percentage of germination and the calendar month 
11.24 	and year that the percentages were determined by test, or the calendar month and year the 
11.25 	germination test was completed and the statement "sell by (month and year listed here)," 
11.26 	which may be no more than 12 months from the date of test, exclusive of the month of test.
11.27 	(h) For vegetable seeds which germinate less than the standard last established by 
11.28 	the commissioner, the label must show:
11.29 	(1) a percentage of germination, exclusive of hard or dormant seed or both;
11.30 	(2) a percentage of hard or dormant seed or both, if present; and
11.31 	(3) the words "below standard" in not less than eight point type and the month and 
11.32 	year the percentages were determined by test.
11.33 	(i) The net weight of the contents or a statement indicating the number of seeds in 
11.34 	the container or both, must appear on either the container or the label, except that for 
11.35 	containers with contents of 200 seeds or less a statement indicating the number of seeds in 
11.36 	the container may be listed along with or in lieu of the net weight of contents.
12.1 	(j) The heading for and percentage by weight of pure seed may be omitted from a 
12.2 	label if the total is more than 90 percent.
12.3 	(k) The heading for and percentage by weight of weed seed may be omitted from a 
12.4 	label if they are not present in the seed.
12.5 	(l) The heading "noxious weed seeds" may be omitted from a label if they are not 
12.6 	present in the seed.
12.7 	(m) The heading for and percentage by weight of other crop seed may be omitted 
12.8 	from a label if it is less than five percent.
12.9 	(n) The heading for and percentage by weight of inert matter may be omitted from a 
12.10 	label if it is less than ten percent.
12.11 	(o) The label must contain the name and address of the person who labeled the 
12.12 	seed or who sells the seed in this state or a code number that has been registered with 
12.13 	the commissioner.
12.14 	(p) The labeling requirements for vegetable seeds prepared for use in home gardens 
12.15 	or household plantings when sold outside their original containers are met if the seed is 
12.16 	weighed from a properly labeled container in the presence of the purchaser.

12.17 	Sec. 26. Minnesota Statutes 2010, section 21.82, subdivision 8, is amended to read:
12.18 		Subd. 8.Flower seeds. For flower and wildflower seeds prepared for use in home 
12.19 	gardens or household plantings, the requirements in paragraphs (a) to (l) apply. Flower 
12.20 	and wildflower seeds packed for sale in commercial quantities to farmers, conservation 
12.21 	groups, and other similar entities are considered agricultural seeds and must be labeled 
12.22 	accordingly.
12.23 	(a) The label must contain the name of the kind and variety or a statement of type 
12.24 	and performance characteristics as prescribed by rule.
12.25 	(b) The percentage that is hybrid must be at least 95 percent of the percentage of pure 
12.26 	seed shown unless the percentage of pure seed which is hybrid seed is shown separately. 
12.27 	If two or more kinds of varieties are present in excess of five percent and are named on 
12.28 	the label, each that is hybrid must be designated as hybrid on the label. Any one kind or 
12.29 	kind and variety that has pure seed that is less than 95 percent but more than 75 percent 
12.30 	hybrid seed as a result of incompletely controlled pollination in a cross must be labeled 
12.31 	to show the percentage of pure seed that is hybrid seed or a statement such as "contains 
12.32 	from 75 percent to 95 percent hybrid seed." No one kind or variety of seed may be labeled 
12.33 	as hybrid if the pure seed contains less than 75 percent hybrid seed. The word "hybrid" 
12.34 	must be shown on the label in conjunction with the kind.
13.1 	(c) Blends must be listed on the label using the term "blend" in conjunction with 
13.2 	the kind.
13.3 	(d) Mixtures must be listed on the label using the term "mixture," "mix," or "mixed."
13.4 	(e) The label must contain the lot number or other lot identification.
13.5 	(f) The origin may be omitted from the label.
13.6 	(g) The label must contain the year for which the seed was packed for sale listed as 
13.7 	"packed for (year)" for seed with a percentage of germination that exceeds the standard last 
13.8 	established by the commissioner, the percentage of germination and the calendar month 
13.9 	and year that the percentages were determined by test, or the calendar month and year the 
13.10 	germination test was completed and the statement "sell by (month and year listed here)," 
13.11 	which may be no more than 12 months from the date of test, exclusive of the month of test.
13.12 	(h) For flower seeds which germinate less than the standard last established by 
13.13 	the commissioner, the label must show:
13.14 	(1) percentage of germination exclusive of hard or dormant seed or both;
13.15 	(2) percentage of hard or dormant seed or both, if present; and
13.16 	(3) the words "below standard" in not less than eight point type and the month and 
13.17 	year this percentage was determined by test.
13.18 	(i) The label must show the net weight of contents or a statement indicating the 
13.19 	number of seeds in the container, or both, on either the container or the label, except that 
13.20 	for containers with contents of 200 seeds or less a statement indicating the number of 
13.21 	seeds in the container may be listed along with or in lieu of the net weight of contents.
13.22 	(j) The heading for and percentage by weight of pure seed may be omitted from a 
13.23 	label if the total is more than 90 percent.
13.24 	(k) The heading for and percentage by weight of weed seed may be omitted from a 
13.25 	label if they are not present in the seed.
13.26 	(l) The heading "noxious weed seeds" may be omitted from a label if they are not 
13.27 	present in the seed.
13.28 	(m) The heading for and percentage by weight of other crop seed may be omitted 
13.29 	from a label if it is less than five percent.
13.30 	(n) The heading for and percentage by weight of inert matter may be omitted from a 
13.31 	label if it is less than ten percent.
13.32 	(o) The label must show the name and address of the person who labeled the seed 
13.33 	or who sells the seed within this state, or a code number which has been registered with 
13.34 	the commissioner.

13.35 	Sec. 27. Minnesota Statutes 2010, section 25.33, subdivision 5, is amended to read:
14.1 		Subd. 5.Commercial feed. "Commercial feed" means materials or combinations 
14.2 	of materials that are distributed or intended to be distributed for use as feed or for 
14.3 	mixing in feed, including feed for aquatic animals, unless the materials are specifically 
14.4 	exempted. Unmixed whole seeds and physically altered entire unmixed seeds, if the 
14.5 	whole or physically altered seeds are not chemically changed or are not adulterated 
14.6 	within the meaning of section 25.37, paragraph (a), are exempt. The commissioner by 
14.7 	rule may exempt from this definition, or from specific provisions of sections 25.31 to 
14.8 	25.43, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual 
14.9 	chemical compounds or substances if those commodities, compounds, or substances 
14.10 	are not intermixed with other materials, and are not adulterated within the meaning of 
14.11 	section 25.37, paragraph (a). Commercial feed does not include feed produced and used 
14.12 	by a distributor.

14.13 	EFFECTIVE DATE. This section is effective retroactively from January 1, 
14.14 	2012, and applies to commercial feed inspection fees assessed by the commissioner of 
14.15 	agriculture for calendar year 2012 and thereafter.

14.16 	Sec. 28. Minnesota Statutes 2010, section 31.13, is amended to read:
14.17 	31.13 ANALYSIS; EVIDENCE.
14.18 	It shall be the duty of the chief chemist and assistantslaboratory director, managers, 
14.19 	and analysts to make analyses and examinations of such articles as shall be furnished 
14.20 	to them by the commissioner, for the purpose of determining from such examination 
14.21 	whether such articles are adulterated, misbranded, insufficiently labeled, unwholesome, 
14.22 	poisonous, or deleterious and whether such articles have been manufactured, used, sold, 
14.23 	transported, offered for use, sale, or transportation, or had in possession with intent to use, 
14.24 	sell, or transport in violation of any law now or hereafter enacted relating to food, or of 
14.25 	any definition, standard, rule, or ruling made and published thereunder, and to certify the 
14.26 	result of such analysis and examination to the commissioner. A copy of the result of the 
14.27 	examination or analysis of any such article, duly authenticated, by the chemistanalyst 
14.28 	making such analysisdeterminations or examination, under oath of such chemist analyst, 
14.29 	shall be prima facie evidence in all courts of the matters and facts therein contained.

14.30 	Sec. 29. Minnesota Statutes 2010, section 31.94, is amended to read:
14.31 	31.94 COMMISSIONER DUTIES.
14.32 	(a) In order to promote opportunities for organic agriculture in Minnesota, the 
14.33 	commissioner shall:
15.1 	(1) survey producers and support services and organizations to determine 
15.2 	information and research needs in the area of organic agriculture practices;
15.3 	(2) work with the University of Minnesota to demonstrate the on-farm applicability 
15.4 	of organic agriculture practices to conditions in this state;
15.5 	(3) direct the programs of the department so as to work toward the promotion of 
15.6 	organic agriculture in this state;
15.7 	(4) inform agencies of how state or federal programs could utilize and support 
15.8 	organic agriculture practices; and
15.9 	(5) work closely with producers, the University of Minnesota, the Minnesota Trade 
15.10 	Office, and other appropriate organizations to identify opportunities and needs as well 
15.11 	as ensure coordination and avoid duplication of state agency efforts regarding research, 
15.12 	teaching, marketing, and extension work relating to organic agriculture.
15.13 	(b) By November 15 of each even-numbered year that ends in a zero or a five, the 
15.14 	commissioner, in conjunction with the task force created in paragraph (c), shall report 
15.15 	on the status of organic agriculture in Minnesota to the legislative policy and finance 
15.16 	committees and divisions with jurisdiction over agriculture. The report must include:
15.17 	available data on organic acreage and production, available data on the sales or market 
15.18 	performance of organic products, and recommendations regarding programs, policies, and 
15.19 	research efforts that will benefit Minnesota's organic agriculture sector.
15.20 	(1) a description of current state or federal programs directed toward organic 
15.21 	agriculture, including significant results and experiences of those programs;
15.22 	(2) a description of specific actions the department of agriculture is taking in the 
15.23 	area of organic agriculture, including the proportion of the department's budget spent on 
15.24 	organic agriculture;
15.25 	(3) a description of current and future research needs at all levels in the area of 
15.26 	organic agriculture;
15.27 	(4) suggestions for changes in existing programs or policies or enactment of new 
15.28 	programs or policies that will affect organic agriculture;
15.29 	(5) a description of market trends and potential for organic products;
15.30 	(6) available information, using currently reliable data, on the price received, yield, 
15.31 	and profitability of organic farms, and a comparison with data on conventional farms; and
15.32 	(7) available information, using currently reliable data, on the positive and negative 
15.33 	impacts of organic production on the environment and human health.
15.34 	(c) A Minnesota Organic Advisory Task Force shall advise the commissioner and the 
15.35 	University of Minnesota on policies and programs that will improve organic agriculture in 
15.36 	Minnesota, including how available resources can most effectively be used for outreach, 
16.1 	education, research, and technical assistance that meet the needs of the organic agriculture 
16.2 	community. The task force must consist of the following residents of the state:
16.3 	(1) three farmers using organic agriculture methods;
16.4 	(2) one wholesaler or distributor of organic products;
16.5 	(3) one representative of organic certification agencies;
16.6 	(4) two organic processors;
16.7 	(5) one representative from University of Minnesota Extension;
16.8 	(6) one University of Minnesota faculty member;
16.9 	(7) one representative from a nonprofit organization representing producers;
16.10 	(8) two public members;
16.11 	(9) one representative from the United States Department of Agriculture;
16.12 	(10) one retailer of organic products; and
16.13 	(11) one organic consumer representative.
16.14 	The commissioner, in consultation with the director of the Minnesota Agricultural 
16.15 	Experiment Station; the dean and director of University of Minnesota Extension; and the 
16.16 	dean of the College of Food, Agricultural and Natural Resource Sciences shall appoint 
16.17 	members to serve staggered two-year terms.
16.18 	Compensation and removal of members are governed by section 15.059, subdivision 
16.19 	6. The task force must meet at least twice each year and expires on June 30, 2013.
16.20 	(d) For the purposes of expanding, improving, and developing production and 
16.21 	marketing of the organic products of Minnesota agriculture, the commissioner may 
16.22 	receive funds from state and federal sources and spend them, including through grants or 
16.23 	contracts, to assist producers and processors to achieve certification, to conduct education 
16.24 	or marketing activities, to enter into research and development partnerships, or to address 
16.25 	production or marketing obstacles to the growth and well-being of the industry.
16.26 	(e) The commissioner may facilitate the registration of state organic production 
16.27 	and handling operations including those exempt from organic certification according to 
16.28 	Code of Federal Regulations, title 7, section 205.101, and certification agents operating 
16.29 	within the state.

16.30 	Sec. 30. [32C.01] ORGANIZATION.
16.31 		Subdivision 1.Establishment. The Dairy Research, Teaching, and Consumer 
16.32 	Education Authority is established as a public corporation. The business of the authority 
16.33 	must be conducted under the name "Dairy Research, Teaching, and Consumer Education 
16.34 	Authority."
17.1 		Subd. 2.Board of directors. The authority is governed by a board of nine directors. 
17.2 	The term of a director, except as otherwise provided in this subdivision, is four years. 
17.3 	The commissioner of agriculture is a member of the board. The governor shall appoint 
17.4 	four members of the board. Two of the members appointed by the governor must be 
17.5 	currently engaged in the business of operating a dairy. Two of the members appointed 
17.6 	by the governor must be representatives of Minnesota-based businesses actively engaged 
17.7 	in working with or serving Minnesota's dairy industry. The dean of the University of 
17.8 	Minnesota College of Food, Agriculture and Natural Resource Sciences, or the dean's 
17.9 	designee, is a member of the board. One member of the board must be a representative of 
17.10 	a state trade association that represents the interests of milk producers. One member of the 
17.11 	board must be a representative of the Minnesota Division of the Midwest Dairy Council. 
17.12 	One member of the board must be a member of the agricultural education faculty of the 
17.13 	Minnesota State Colleges and Universities System. The four members of the initial board 
17.14 	of directors who are appointed by the governor must be appointed for terms of four years, 
17.15 	and the other four members must be appointed for an initial term of two years. Vacancies 
17.16 	for the governor's appointed positions on the board must be filled by appointment of 
17.17 	the governor. Vacancies for other positions on the board must be filled by the named 
17.18 	represented entities. Board members must not be compensated for their services.
17.19 		Subd. 3.Bylaws. The board must adopt bylaws necessary for the conduct of the 
17.20 	business of the authority, consistent with this chapter.
17.21 		Subd. 4.Place of business. The board must locate and maintain the authority's 
17.22 	place of business within the state.
17.23 		Subd. 5.Chair. The board must annually elect from among its members a chair and 
17.24 	other officers necessary for the performance of its duties.
17.25 		Subd. 6.Meetings. The board must meet at least four times each year and may hold 
17.26 	additional meetings upon giving notice in accordance with the bylaws of the authority. 
17.27 	Board meetings are subject to chapter 13D.
17.28 		Subd. 7.Conflict of interest. A director, employee, or officer of the authority may 
17.29 	not participate in or vote on a decision of the board relating to an organization in which 
17.30 	the director has either a direct or indirect financial interest.
17.31 		Subd. 8.Economic interest statements. Directors and officers of the authority are 
17.32 	public officials for the purpose of section 10A.09, and must file statements of economic 
17.33 	interest with the Campaign Finance and Public Disclosure Board.

17.34 	Sec. 31. [32C.02] POWERS.
18.1 		Subdivision 1.General corporate powers. (a) The authority has the powers granted 
18.2 	to a business corporation by section 302A.161, subdivisions 3; 4; 5; 7; 8; 9; 11; 12; 13, 
18.3 	except that the authority may not act as a general partner in any partnership; 14; 15; 16; 17; 
18.4 	18; and 22, and the powers necessary or convenient to exercise the enumerated powers.
18.5 	(b) Section 302A.041 applies to this chapter and the authority in the same manner 
18.6 	that it applies to business corporations established under chapter 302A.
18.7 		Subd. 2.Facility design; development and operation. The authority may enter into 
18.8 	management contracts, lease agreements, or both, with a Minnesota nonprofit corporation 
18.9 	to design, develop, and operate a facility to further the purposes of this chapter at the site 
18.10 	determined by the board and on the terms that the board finds desirable. The board must 
18.11 	identify and acquire a site that will accommodate the following facilities and activities:
18.12 	(1) housing for bred and lactating animals;
18.13 	(2) milking parlor;
18.14 	(3) automatic milking systems;
18.15 	(4) cross-ventilated and natural-ventilated housing;
18.16 	(5) transition cow housing;
18.17 	(6) special needs and hospital housing;
18.18 	(7) classrooms and a conference room;
18.19 	(8) dairy processing facility with retail;
18.20 	(9) visitors' center;
18.21 	(10) student housing;
18.22 	(11) laboratory facilities;
18.23 	(12) space to accommodate installation of an anaerobic digester system to research 
18.24 	energy production from feedstock produced on-site or from off-site sources; and
18.25 	(13) space for feed storage to allow for research capabilities at the facility.
18.26 	Notwithstanding the provisions of section 32C.01, subdivision 7, relating to conflict 
18.27 	of interest, a director or officer of the authority who is also a director, officer, or member 
18.28 	of a nonprofit corporation with which the authority enters into management contracts or 
18.29 	lease agreements may participate in and vote on the decision of the board as to the terms 
18.30 	and conditions of management contracts or lease agreements between the Minnesota 
18.31 	nonprofit corporation and the authority.
18.32 		Subd. 3.Funds. The authority may accept and use gifts, grants, or contributions 
18.33 	from any source to support operation of the facility. Unless otherwise restricted by the 
18.34 	terms of a gift or bequest, the board may sell, exchange, or otherwise dispose of, and 
18.35 	invest or reinvest the money, securities, or other property given or bequeathed to it. The 
18.36 	principal of these funds, the income from them, and all other revenues received by the 
19.1 	authority from any nonstate source must be placed in depositories chosen by the board 
19.2 	and are subject to expenditure for the board's purposes. Expenditures of $25,000 or more 
19.3 	must be approved by the full board.
19.4 		Subd. 4.Animals; regulation. The authority must comply with all applicable 
19.5 	laws and rules relating to quarantine, transportation, examination, habitation, care, and 
19.6 	treatment of animals.

19.7 	Sec. 32. [32C.03] EMPLOYEES.
19.8 	(a) The board may hire an executive director of the authority and other employees 
19.9 	the board considers necessary to carry out the program, conduct research, and operate and 
19.10 	maintain facilities of the authority.
19.11 	(b) Persons employed by contractors or lessees are not state employees and may 
19.12 	not participate in state retirement, deferred compensation, insurance, or other plans that 
19.13 	apply to state employees generally and are not subject to regulation by the Campaign 
19.14 	Finance and Public Disclosure Board, provided, however, that any employee of the state 
19.15 	or any employee or faculty member of the University of Minnesota or Minnesota State 
19.16 	Colleges and Universities System who teaches or conducts research at the authority does 
19.17 	not have their status as employees of the state, the University of Minnesota, or Minnesota 
19.18 	State Colleges and Universities System interrupted by virtue of having their employment 
19.19 	activity take place at facilities owned by the authority.

19.20 	Sec. 33. [32C.04] ACCOUNTS; AUDITS.
19.21 	The authority may establish funds and accounts that it determines to be reasonable 
19.22 	and necessary to conduct the business of the authority. The board shall provide for and 
19.23 	pay the cost of an independent annual audit of its official books and records by the state 
19.24 	auditor. A copy of this audit must be filed with the secretary of state.

19.25 	Sec. 34. [32C.05] ANNUAL REPORT.
19.26 	The board shall submit a report to the chairs of the senate and house of 
19.27 	representatives agriculture committees and the governor on the activities of the authority 
19.28 	and its contractors and lessees by February 1 of each year. The report must include at 
19.29 	least the following:
19.30 	(1) a description of each of the programs that the authority has provided or 
19.31 	undertaken at some time during the previous year;
20.1 	(2) an identification of the sources of funding in the previous year for the authority's 
20.2 	programs including federal, state, and local government, foundations, gifts, donations, 
20.3 	fees, and all other sources;
20.4 	(3) a description of the administrative expenses of the authority during the previous 
20.5 	year;
20.6 	(4) a listing of the assets and liabilities of the authority at the end of the previous 
20.7 	fiscal year;
20.8 	(5) a description of any changes made to the operational plan during the previous 
20.9 	year; and
20.10 	(6) a description of any newly adopted or significant changes to bylaws, policies, 
20.11 	rules, or programs created or administered by the authority during the previous year.
20.12 	Reports must be made to the legislature as required by section 3.195.

20.13 	Sec. 35. [32C.06] EXPIRATION.
20.14 	If by August 1, 2017, the authority board has not identified and acquired a site 
20.15 	for a facility, as provided in section 32C.02, subdivision 2, sections 32C.01 to 32C.05 
20.16 	are repealed on that date.

20.17 	Sec. 36. Minnesota Statutes 2010, section 35.0661, subdivision 2, is amended to read:
20.18 		Subd. 2.Quarantine zones. Upon an emergency declaration by the governor 
20.19 	under subdivision 1, the board or any licensed veterinarian designated by the board may 
20.20 	establish quarantine zones of control in any area where a specific animal is deemed by a 
20.21 	licensed veterinarian as likely to be infected with the disease based on an actual veterinary 
20.22 	examination or laboratory testing. Quarantine zones of control to restrict the movement of 
20.23 	livestock must be the smallest size practicable to prevent the spread of disease and must 
20.24 	exist for the shortest duration consistent with effective disease control. A quarantine zone 
20.25 	of control must not extend beyond a radius of three miles from an animal deemed as likely 
20.26 	to be infected with the disease, unless the board has adopted a rule regarding a specific 
20.27 	disease requiring a larger quarantine zone of control.

20.28 	Sec. 37. Minnesota Statutes 2010, section 35.0661, subdivision 3, is amended to read:
20.29 		Subd. 3.Restrictions on movement out of quarantine zones. (a) The board may 
20.30 	issue orders restricting the movement of persons, livestock, machinery, and personal 
20.31 	property out of zones off infected premises designated by the board as quarantined under 
20.32 	subdivision 2. The executive director of the board or any licensed veterinarian designated 
20.33 	by the board may issue the orders. An order may be issued upon a determination that 
21.1 	reasonable cause exists to believe that the movement of persons or personal property out 
21.2 	of a quarantine zone will reasonably threaten to transport a dangerous, infectious, or 
21.3 	communicable disease outside of the quarantine zone.
21.4 	(b) The order must be served upon any person subject to the order. The restrictions 
21.5 	sought by the board on movement out of a quarantine zone must be limited to the greatest 
21.6 	extent possible consistent with the paramount disease control objectives as determined by 
21.7 	the board. An order under this section may be served on any day at any time. The order 
21.8 	must include a notice of the person's rights under this section, including the ability to enter 
21.9 	into an agreement to abide by disease control measures under paragraph (c) and the right 
21.10 	to request a court hearing under paragraph (d).
21.11 	(c) No person may be restricted by an order under this subdivision for longer than 72 
21.12 	hours, exclusive of Saturdays, Sundays, and legal holidays, so long as the person agrees to 
21.13 	abide by the disease control measures established by the board. The person shall sign an 
21.14 	acknowledgment form prepared by the board evidencing the person's agreement to abide 
21.15 	by the disease control measures established by the board.
21.16 	(d) A person whose movements are restricted by an order under this subdivision may 
21.17 	seek a district court hearing on the order at any time after it is served on the person. The 
21.18 	hearing may be held by electronic means as soon as possible. The subject of the order may:
21.19 	(1) contest imposition of the order on grounds that it is an abuse of the board's 
21.20 	discretion under this section; or
21.21 	(2) seek a variance from it to allow movement of a person inconsistent with the 
21.22 	order, upon a showing that the person would otherwise suffer irreparable harm.

21.23 	Sec. 38. Minnesota Statutes 2010, section 40A.17, is amended to read:
21.24 	40A.17 REPORT.
21.25 	The commissioner shall report to the legislature on January March 1 of each 
21.26 	even-numbered year on activities under this chapter. By July 1, 1985, the report must 
21.27 	include the survey of public awareness in the awareness program. The report shall include 
21.28 	recommendations for funding levels and other necessary legislative action.

21.29 	Sec. 39. Minnesota Statutes 2010, section 41A.12, subdivision 2, is amended to read:
21.30 		Subd. 2.Activities authorized. For the purposes of this program, the commissioner 
21.31 	may issue grants, loans, or other forms of financial assistance. Eligible activities include, 
21.32 	but are not limited to, grants to livestock producers under the livestock investment grant 
21.33 	program under section 17.118, bioenergy awards made by the NextGen Energy Board 
22.1 	under section 41A.105, cost-share grants for the installation of biofuel blender pumps, and 
22.2 	financial assistance to support other rural economic infrastructure activities.

22.3 	Sec. 40. Minnesota Statutes 2010, section 41A.12, subdivision 4, is amended to read:
22.4 		Subd. 4.Sunset. This section expires on June 30, 2013 2015.

22.5 	Sec. 41. Minnesota Statutes 2010, section 223.16, subdivision 12, is amended to read:
22.6 		Subd. 12.Public grain warehouse operator. "Public grain warehouse operator" 
22.7 	means a person operating a grain warehouse in which grain belonging to persons other 
22.8 	than the grain warehouse operator is accepted for storage or purchase or who offers grain 
22.9 	storage or warehouse facilities to the public for hire or a feed-processing plant that 
22.10 	receives and stores grain, the equivalent of which it processes and returns to the grain's 
22.11 	owner in amounts, at intervals, and with added ingredients that are mutually agreeable to 
22.12 	the grain's owner and the person operating the plant.

22.13 	Sec. 42. Minnesota Statutes 2010, section 223.17, subdivision 1, is amended to read:
22.14 		Subdivision 1.Licenses. An application for a grain buyer's license must be filed 
22.15 	with the commissioner and the license issued before any grain may be purchased. The 
22.16 	commissioner must provide application forms and licenses that state the restrictions and 
22.17 	authority to purchase and store grain under the license being applied for and issued. The 
22.18 	categories of grain buyers' licenses are:
22.19 	(a) private grain warehouse operator's license;
22.20 	(b) public grain warehouse operator's license; and
22.21 	(c) independent grain buyer's license.
22.22 	The applicant for a grain buyer's license shall identify all grain buying locations 
22.23 	owned or controlled by the grain buyer and all vehicles owned or controlled by the grain 
22.24 	buyer used to transport purchased grain. Every applicant for a grain buyer's license shall 
22.25 	have a permanent established place of business at each licensed location. An "established 
22.26 	place of business" means a permanent enclosed building, including a house or a farm, 
22.27 	either owned by the applicant or leased by the applicant for a period of at least one year, 
22.28 	and where the books, records, and files necessary to conduct the business are kept and 
22.29 	maintained. The commissioner may maintain information on grain buyers by categories 
22.30 	including, but not limited to, the categories provided in clauses (a) to (c) and grain buyers 
22.31 	that are licensed to purchase grain using trucks but that do not have a public or private 
22.32 	warehouse license.

23.1 	Sec. 43. Minnesota Statutes 2010, section 223.17, subdivision 4, is amended to read:
23.2 		Subd. 4.Bond. (a) Before a grain buyer's license is issued, the applicant for 
23.3 	the license must file with the commissioner a bond in a penal sum prescribed by the 
23.4 	commissioner but not less than the following amounts:
23.5 	(a) (1) $10,000 for grain buyers whose gross annual purchases are $100,000 or less;
23.6 	(b) (2) $20,000 for grain buyers whose gross annual purchases are more than 
23.7 	$100,000 but not more than $750,000;
23.8 	(c) (3) $30,000 for grain buyers whose gross annual purchases are more than 
23.9 	$750,000 but not more than $1,500,000;
23.10 	(d) (4) $40,000 for grain buyers whose gross annual purchases are more than 
23.11 	$1,500,000 but not more than $3,000,000;
23.12 	(e) (5) $50,000 for grain buyers whose gross annual purchases are more than 
23.13 	$3,000,000 but not more than $6,000,000;
23.14 	(f) (6) $70,000 for grain buyers whose gross annual purchases are more than 
23.15 	$6,000,000 but not more than $12,000,000;
23.16 	(g) (7) $125,000 for grain buyers whose gross annual purchases are more than 
23.17 	$12,000,000 but not more than $24,000,000; and
23.18 	(h) (8) $150,000 for grain buyers whose gross annual purchases exceed $24,000,000.
23.19 	(b) A grain buyer who has filed a bond with the commissioner prior to July 1, 2004, 
23.20 	is not required to increase the amount of the bond to comply with this section until July 1, 
23.21 	2005. The commissioner may postpone an increase in the amount of the bond until July 1, 
23.22 	2006, if a licensee demonstrates that the increase will impose undue financial hardship on 
23.23 	the licensee, and that producers will not be harmed as a result of the postponement. The 
23.24 	commissioner may impose other restrictions on a licensee whose bond increase has been 
23.25 	postponed. The amount of the bond shall be based on the most recent financial statement
23.26 	gross annual grain purchase report of the grain buyer filed under subdivision 6.
23.27 	(c) A first-time applicant for a grain buyer's license shall file a $50,000 bond with the 
23.28 	commissioner. This bond shall remain in effect for the first year of the license. Thereafter, 
23.29 	the licensee shall comply with the applicable bonding requirements contained in clauses 
23.30 	(a) to (h) paragraph (a), clauses (1) to (8).
23.31 	(d) In lieu of the bond required by this subdivision the applicant may deposit with 
23.32 	the commissioner of management and budget cash, a certified check, a cashier's check, 
23.33 	a postal, bank, or express money order, assignable bonds or notes of the United States, 
23.34 	or an assignment of a bank savings account or investment certificate or an irrevocable 
23.35 	bank letter of credit as defined in section 336.5-102, in the same amount as would be 
23.36 	required for a bond.
24.1 	(e) Bonds must be continuous until canceled. To cancel a bond, a surety must provide 
24.2 	90 days' written notice of the bond's termination date to the licensee and the commissioner.

24.3 	Sec. 44. Minnesota Statutes 2010, section 223.17, subdivision 9, is amended to read:
24.4 		Subd. 9.Defaults; violations. It is a violation under this chapter if the commissioner 
24.5 	finds, after an investigation is conducted, that a complaint is valid or that a licensee is in 
24.6 	violation of the provisions of this chapter, the commissioner may immediately suspend 
24.7 	the license, in which case the licensee shall surrender the license to the commissioner. 
24.8 	Within 15 days, the licensee may request an administrative hearing subject to chapter 14 
24.9 	to determine whether the license should be revoked. If no request is made within 15 days, 
24.10 	the commissioner shall revoke the license.

24.11 	Sec. 45. Minnesota Statutes 2010, section 232.21, subdivision 2, is amended to read:
24.12 		Subd. 2.Bond. "Bond" means an acceptable obligation, running to the state as 
24.13 	obligee, for the purpose of indemnifying depositors and producers of grain against breach 
24.14 	of contract by a public grain warehouse or grain bank operator.

24.15 	Sec. 46. Minnesota Statutes 2010, section 232.21, subdivision 6, is amended to read:
24.16 		Subd. 6.Depositor. "Depositor" means a person who is the owner or legal holder of 
24.17 	an outstanding grain warehouse receipt, grain bank receipt or open scale ticket marked 
24.18 	for storage on which a receipt is to be issued, representing any grain stored in a public 
24.19 	grain warehouse or grain bank.

24.20 	Sec. 47. Minnesota Statutes 2010, section 232.21, subdivision 12, is amended to read:
24.21 		Subd. 12.Public grain warehouse operator. "Public grain warehouse operator" 
24.22 	means a person licensed to operate a grain warehouse in which grain belonging to persons 
24.23 	other than the grain warehouse operator is accepted for storage or purchase, or who offers 
24.24 	grain storage or grain warehouse facilities to the public for hire or a feed-processing 
24.25 	plant that receives and stores grain, the equivalent of which, it processes and returns to 
24.26 	the grain's owner in amounts, at intervals, and with added ingredients that are mutually 
24.27 	agreeable to the grain's owner and the person operating the plant.

24.28 	Sec. 48. Minnesota Statutes 2010, section 232.22, subdivision 3, is amended to read:
24.29 		Subd. 3.Fees; grain buyers and storage account. There is created in the 
24.30 	agricultural fund an account known as the grain buyers and storage account. The 
24.31 	commissioner shall set the fees for inspections examinations, certifications, and licenses 
25.1 	under sections 232.20 to 232.25 232.24 at levels necessary to pay the costs of administering 
25.2 	and enforcing sections 232.20 to 232.25 232.24. All money collected pursuant to sections 
25.3 	232.20 to 232.25 and chapters 233 and 236 232.24 shall be paid by the commissioner into 
25.4 	the state treasury and credited to the grain buyers and storage account and is appropriated 
25.5 	to the commissioner for the administration and enforcement of sections 232.20 to 232.25
25.6 	and chapters 233 and 236 232.24. All money collected pursuant to chapter 231 shall be 
25.7 	paid by the commissioner into the grain buyers and storage account and is appropriated to 
25.8 	the commissioner for the administration and enforcement of chapter 231.
25.9 	The fees for a license to store grain are as follows:
25.10 	(a) For a license to store grain, $110 for each home rule charter or statutory city or 
25.11 	town in which a public grain warehouse is operated.
25.12 	(b) A person with a license to store grain in a public grain warehouse is subject to 
25.13 	an examination fee for each licensed location, based on the following schedule for one 
25.14 	examination:

25.15
25.16		Bushel Capacity
	Examination 
Fee
		
25.17		Less than 150,001
	$
	300
		
25.18		150,001 to 250,000
	$
	425
		
25.19		250,001 to 500,000
	$
	545
		
25.20		500,001 to 750,000
	$
	700
		
25.21		750,001 to 1,000,000
	$
	865
		
25.22		1,000,001 to 1,200,000
	$
	1,040
		
25.23		1,200,001 to 1,500,000
	$
	1,205
		
25.24		1,500,001 to 2,000,000
	$
	1,380
		
25.25		More than 2,000,000
	$
	1,555
		
25.26 	(c) The fee for the second examination is $55 per hour per examiner for warehouse 
25.27 	operators who choose to have it performed by the commissioner.
25.28 	(d) A penalty amount not to exceed ten percent of the fees due may be imposed by 
25.29 	the commissioner for each month for which the fees are delinquent.

25.30 	Sec. 49. Minnesota Statutes 2010, section 232.22, subdivision 4, is amended to read:
25.31 		Subd. 4.Bonding. (a) Before a license is issued, the applicant for a public grain 
25.32 	warehouse operator's license shall file with the commissioner a bond in a penal sum 
25.33 	prescribed by the commissioner. The penal sum on a condition one bond shall be 
25.34 	established by rule by the commissioner pursuant to the requirements of chapter 14 for 
25.35 	all grain outstanding on grain warehouse receipts. The penal sum on a condition two 
25.36 	bond shall not be less than $10,000 for each location up to a maximum of five locations.
25.37 	based on the annual average storage liability as stated on the statement of grain in storage 
26.1 	report or on the gross annual grain purchase report, whichever is greater, and applying 
26.2 	the following amounts:
26.3 	(1) $10,000 for storages with annual average storage liability of more than $0 but 
26.4 	not more than $25,000;
26.5 	(2) $20,000 for storages with annual average storage liability of more than $25,001 
26.6 	but not more than $50,000;
26.7 	(3) $30,000 for storages with annual average storage liability of more than $50,001 
26.8 	but not more than $75,000;
26.9 	(4) $50,000 for storages with annual average storage liability of more than $75,001 
26.10 	but not more than $100,000;
26.11 	(5) $75,000 for storages with annual average storage liability of more than $100,001 
26.12 	but not more than $200,000;
26.13 	(6) $125,000 for storages with annual average storage liability of more than 
26.14 	$200,001 but not more than $300,000;
26.15 	(7) $175,000 for storages with annual average storage liability of more than 
26.16 	$300,001 but not more than $400,000;
26.17 	(8) $225,000 for storages with annual average storage liability of more than 
26.18 	$400,001 but not more than $500,000;
26.19 	(9) $275,000 for storages with annual average storage liability of more than 
26.20 	$500,001 but not more than $600,000;
26.21 	(10) $325,000 for storages with annual average storage liability of more than 
26.22 	$600,001 but not more than $700,000;
26.23 	(11) $375,000 for storages with annual average storage liability of more than 
26.24 	$700,001 but not more than $800,000;
26.25 	(12) $425,000 for storages with annual average storage liability of more than 
26.26 	$800,001 but not more than $900,000;
26.27 	(13) $475,000 for storages with annual average storage liability of more than 
26.28 	$900,001 but not more than $1,000,000; and
26.29 	(14) $500,000 for storages with annual average storage liability of more than 
26.30 	$1,000,000.
26.31 	(b) Bonds must be continuous until canceled. To cancel a bond, a surety must provide 
26.32 	90 days' written notice of the bond's termination date to the licensee and the commissioner.

26.33 	Sec. 50. Minnesota Statutes 2010, section 232.22, subdivision 5, is amended to read:
26.34 		Subd. 5.Statement of grain in storage; reports. (a) All public grain warehouse 
26.35 	operators must by the tenth day of each month February 15 of each year file with the 
27.1 	commissioner on forms a form approved by the commissioner a report showing the net
27.2 	annual average liability of all grain outstanding on grain warehouse receipts as of the close 
27.3 	of business on the last day of that occurred during the preceding month calendar year. 
27.4 	This report shall be used for the purpose of establishing the penal sum of the bond.
27.5 	(b) Warehouse operators that are at a maximum bond and want to continue at 
27.6 	maximum bond do not need to file this report.
27.7 	(b) If (c) It is a violation of this chapter for any public grain warehouse operator 
27.8 	willfully neglects or refuses to fail to file the report required in clause (a) for two 
27.9 	consecutive months, the commissioner may immediately suspend the person's license 
27.10 	and the licensee must surrender the license to the commissioner. Within 15 days the 
27.11 	licensee may request an administrative hearing subject to chapter 14 to determine if the 
27.12 	license should be revoked. If no request is made within 15 days the commissioner shall 
27.13 	revoke the license.
27.14 	(c) (d) Every public grain warehouse operator shall keep in a place of safety complete 
27.15 	and accurate records and accounts relating to any grain warehouse operated. The records 
27.16 	shall reflect each commodity received and shipped daily, the balance remaining in the 
27.17 	grain warehouse at the close of each business day, a listing of all unissued grain warehouse 
27.18 	receipts in the operator's possession, a record of all grain warehouse receipts issued which 
27.19 	remain outstanding and a record of all grain warehouse receipts which have been returned 
27.20 	for cancellation. Copies of grain warehouse receipts or other documents evidencing 
27.21 	ownership of grain by a depositor, or other liability of the grain warehouse operator, shall 
27.22 	be retained as long as the liability exists but must be kept for a minimum of three years.
27.23 	(d) (e) Every public grain warehouse operator must maintain in the grain warehouse 
27.24 	at all times grain of proper grade and sufficient quantity to meet delivery obligations on 
27.25 	all outstanding grain warehouse receipts.

27.26 	Sec. 51. Minnesota Statutes 2010, section 232.22, subdivision 7, is amended to read:
27.27 		Subd. 7.Bond disbursement. (a) The condition one bond of a public grain 
27.28 	warehouse operator must be conditioned that the public grain warehouse operator issuing 
27.29 	a grain warehouse receipt is liable to the depositor for the delivery of the kind, grade and 
27.30 	net quantity of grain called for by the receipt.
27.31 	(b) The condition two bond shall provide for payment of loss caused by the grain 
27.32 	buyer's failure to pay, upon the owner's demand, the purchase price of grain sold to the 
27.33 	grain buyer. The bond shall be conditioned upon the grain buyer being duly licensed as 
27.34 	provided herein. The bond shall not cover any transaction which constitutes a voluntary 
27.35 	extension of credit.
28.1 	(c) (b) Upon notification of default, the commissioner shall determine the validity 
28.2 	of all claims and notify all parties having filed claims. Any aggrieved party may appeal 
28.3 	the commissioner's determination by requesting, within 15 days, that the commissioner 
28.4 	initiate a contested case proceeding. In the absence of such a request, or following the 
28.5 	issuance of a final order in a contested case, the surety company shall issue payment to 
28.6 	those claimants entitled to payment. If the commissioner determines it is necessary, the 
28.7 	commissioner may apply to the district court for an order appointing a trustee or receiver 
28.8 	to manage and supervise the operations of the grain warehouse operator in default. The 
28.9 	commissioner may participate in any resulting court proceeding as an interested party.
28.10 	(d) (c) For the purpose of determining the amount of bond disbursement against all 
28.11 	valid claims under a condition one bond, all grain owned or stored in the public grain 
28.12 	warehouse shall be sold and the combined proceeds deposited in a special fund. Payment 
28.13 	shall be made from the special fund satisfying the valid claims of grain warehouse receipt 
28.14 	holders.
28.15 	(e) (d) If a public grain warehouse operator has become liable to more than one 
28.16 	depositor or producer by reason of breaches of the conditions of the bond and the 
28.17 	amount of the bond is insufficient to pay, beyond the proceeds of the special fund, the 
28.18 	entire liability to all valid claimants, the proceeds of the bond and special fund shall be 
28.19 	apportioned among the valid claimants on a pro rata basis.
28.20 	(f) (e) A bond is not cumulative from one licensing period to the next. The maximum 
28.21 	liability of the bond shall be its face value for the licensing period.

28.22 	Sec. 52. Minnesota Statutes 2010, section 232.23, subdivision 2, is amended to read:
28.23 		Subd. 2.Scale tickets. A public or private grain warehouse operator, upon 
28.24 	receiving grain, shall issue a scale ticket for each load of grain received. Scale tickets shall 
28.25 	contain the name, location and the date of each transaction, weight, volume, kind of 
28.26 	grain, signature of warehouse operator, and be consecutively numbered. Electronic scale 
28.27 	tickets do not require a signature. A duplicate copy of each scale ticket shall remain in the 
28.28 	possession of the public or private grain warehouse operator as a permanent record. The 
28.29 	original scale ticket shall be delivered to the depositor upon receipt of each load of grain. 
28.30 	Each scale ticket shall have printed across its face "This is a memorandum, nonnegotiable, 
28.31 	possession of which does not signify that settlement has or has not been consummated." 
28.32 	The scale ticket shall state specifically whether the grain is received on contract, for 
28.33 	storage, for shipment or consignment or sold. If the grain is received on contract or sold, 
28.34 	the price shall be indicated on the scale ticket. All paper scale tickets shall be dated and 
28.35 	signed by the public or private grain warehouse operator or the operator's agent or manager.

29.1 	Sec. 53. Minnesota Statutes 2010, section 232.23, subdivision 10, is amended to read:
29.2 		Subd. 10.Delivery of grain. (a) On the redemption of a grain warehouse receipt 
29.3 	and payment of all lawful charges, the grain represented by the receipt is immediately 
29.4 	deliverable to the depositor or the depositor's order, and is not subject to any further charge 
29.5 	for storage after demand for delivery has been made and proper facilities for receiving and 
29.6 	shipping the grain have been provided. If delivery has not commenced within 48 hours 
29.7 	after demand has been made and proper facilities have been provided, the public grain 
29.8 	warehouse operator issuing the grain warehouse receipt is liable to the owner in damages 
29.9 	not exceeding two cents per bushel for each day's delay, unless the public grain warehouse 
29.10 	operator makes delivery to different owners in the order demanded as rapidly as it can be 
29.11 	done through ordinary diligence, or unless insolvency has occurred.
29.12 	(b) If a disagreement arises between the person receiving and the person delivering 
29.13 	the grain at a public grain warehouse in this state as to the proper grade or dockage of any 
29.14 	grain, an average sample of at least three quarts of the grain in dispute may be taken by 
29.15 	either or both of the persons interested. The sample shall be certified by both the owner 
29.16 	and the public grain warehouse operator as being true samples of the grain in dispute on 
29.17 	the delivery day. The samples shall be forwarded in a suitable airtight container by parcel 
29.18 	post or express, prepaid, with the name and address of both parties, to the head of the a 
29.19 	United States Department of Agriculture authorized grain inspection program of the 
29.20 	Department of Agriculture, who shall, upon request, examine the grain, and determine 
29.21 	what grade or dockage the samples of grain are entitled to under the inspection rules. 
29.22 	Before the results of the inspection are released to the person requesting the inspection, 
29.23 	the person shall pay the required fee. The fee shall be the same as that required for similar 
29.24 	services rendered by the grain inspection program.

29.25 	Sec. 54. Minnesota Statutes 2010, section 232.24, subdivision 1, is amended to read:
29.26 		Subdivision 1.Schedule of inspection examination. A licensee under sections 
29.27 	232.20 to 232.25 is subject to two audits examinations annually conducted by the 
29.28 	commissioner or the agricultural marketing service of the United States Department of 
29.29 	Agriculture. The commissioner may, by rule, authorize one audit examination to be 
29.30 	conducted by a qualified nongovernmental unit. 

29.31 	Sec. 55. Minnesota Statutes 2010, section 232.24, subdivision 2, is amended to read:
29.32 		Subd. 2.Financial reports. A licensee under sections 232.20 to 232.25upon request 
29.33 	must provide to the commissioner a copy of the financial reports of an audit conducted by 
29.34 	a qualified nongovernmental unit containing information the commissioner requires. 

30.1 	Sec. 56. Minnesota Statutes 2010, section 239.092, is amended to read:
30.2 	239.092 SALE FROM BULK.
30.3 	(a) Bulk sales of commodities, when the buyer and seller are not both present to 
30.4 	witness the measurement, must be accompanied by a delivery ticket containing the 
30.5 	following information:
30.6 	(1) the name and address of the person who weighed or measured the commodity;
30.7 	(2) the date delivered;
30.8 	(3) the quantity delivered;
30.9 	(4) the count of individually wrapped packages delivered, if more than one is 
30.10 	included in the quantity delivered;
30.11 	(5) the quantity on which the price is based, if different than the quantity delivered; 
30.12 	and
30.13 	(6) the identity of the commodity in the most descriptive terms commercially 
30.14 	practicable, including representations of quality made in connection with the sale.
30.15 	(b) This section is not intended to conflict with the bulk sale requirements of the 
30.16 	Department of Agriculture. If a conflict occurs, the law and rules of the Department of 
30.17 	Agriculture govern.
30.18 	(c) Firewood sold or distributed across state boundaries or more than 100 miles 
30.19 	from its originin this state must include delivery ticket information regarding the harvest 
30.20 	locations of the wood by county or counties and state.
30.21 	(d) Paragraph (c) may be enforced using the authority granted in this chapter or 
30.22 	section 18J.05 or 84D.13.

30.23 	Sec. 57. Minnesota Statutes 2010, section 239.093, is amended to read:
30.24 	239.093 INFORMATION REQUIRED WITH PACKAGE.
30.25 	(a) A package offered, exposed, or held for sale must bear a clear and conspicuous 
30.26 	declaration of:
30.27 	(1) the identity of the commodity in the package, unless the commodity can be easily 
30.28 	identified through the wrapper or container;
30.29 	(2) the net quantity in terms of weight, measure, or count;
30.30 	(3) the name and address of the manufacturer, packer, or distributor, if the packages 
30.31 	were not produced on the premises where they are offered, exposed, or held for sale; and
30.32 	(4) the unit price, if the packages are part of a lot containing random weight 
30.33 	packages of the same commodity.
31.1 	(b) This section is not intended to conflict with the packaging requirements of the 
31.2 	Department of Agriculture. If a conflict occurs, the laws and rules of the Department of 
31.3 	Agriculture govern.
31.4 	(c) Firewood sold or distributed across state boundaries or more than 100 miles from 
31.5 	its originin this state must include information regarding the harvest locations of the wood 
31.6 	by county or counties and state on each label or wrapper.
31.7 	(d) Paragraph (c) may be enforced using the authority granted in this chapter or 
31.8 	section 18J.05 or 84D.13.

31.9 	Sec. 58. Minnesota Statutes 2010, section 239.77, subdivision 3, is amended to read:
31.10 		Subd. 3.Exceptions. (a) The minimum content requirements of subdivision 2 do 
31.11 	not apply to fuel used in the following equipment:
31.12 	(1) motors located at an electric generating plant regulated by the Nuclear 
31.13 	Regulatory Commission;
31.14 	(2) railroad locomotives;
31.15 	(3) off-road taconite and copper mining equipment and machinery;
31.16 	(4) off-road logging equipment and machinery; and
31.17 	(5) until May 1, 2010, vehicles and equipment used exclusively on an aircraft 
31.18 	landing field vessels of the United States Coast Guard and vessels subject to inspection 
31.19 	under United States Code, title 46, section 3301, subsection (1), (9), (10), (13), or (15).
31.20 	(b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear 
31.21 	Regulatory Commission has approved the use of biodiesel fuel in motors at electric 
31.22 	generating plants under its regulation.
31.23 	(c) This subdivision expires on May 1, 2012 2020.

31.24 	EFFECTIVE DATE. This section is effective April 1, 2012.

31.25 	Sec. 59. Laws 2010, chapter 228, section 4, is amended to read:
31.26 	Sec. 4. EXTENSION OF COMMISSIONER'S ORDER.
 31.27 	The order by the commissioner of commerce exempting number 1 diesel fuel from 
31.28 	the biodiesel content requirements under Minnesota Statutes, section 239.77, subdivision 
31.29 	2, paragraph (a), is extended until March 31, 2012 2015, for the months of October, 
31.30 	November, December, January, February, and March.

31.31 	EFFECTIVE DATE. This section is effective April 1, 2012.

32.1 	Sec. 60. Laws 2010, Second Special Session chapter 1, article 1, section 11, is 
32.2 	amended to read:

32.3	Sec. 11. AGRICULTURE
 			$
	4,000,000
	
32.4 	To the commissioner of agriculture for the 
32.5 	purposes specified in Minnesota Statutes, 
32.6 	section 12A.04. $200,000 is for the purposes 
32.7 	of mental health counseling authorized 
32.8 	under Minnesota Statutes, section 12A.04. 
32.9 	Notwithstanding section 2, subdivision 1, 
32.10 	$150,000 of this appropriation is available 
32.11 	to assist agricultural producers and their 
32.12 	families located in any rural disaster 
32.13 	area declared by the Federal Emergency 
32.14 	Management Agency or the United 
32.15 	States Department of Agriculture. This 
32.16 	appropriation is from the general fund.

32.17 	EFFECTIVE DATE. This section is effective retroactively from October 19, 2010, 
32.18 	the effective date of Laws 2010, Second Special Session chapter 1.

32.19 	Sec. 61. Laws 2011, chapter 14, section 6, is amended by adding an effective date to 
32.20 	read:

32.21 	EFFECTIVE DATE. This section is effective retroactively from April 16, 2011.

32.22 	Sec. 62.  REPEALER.
 32.23 	(a) Minnesota Statutes 2010, sections 17B.01; 17B.02; 17B.03; 17B.04; 17B.041; 
32.24 	17B.0451; 17B.048; 17B.05; 17B.06; 17B.07; 17B.10; 17B.11; 17B.12; 17B.13; 17B.14; 
32.25 	17B.15, subdivisions 1 and 3; 17B.16; 17B.17; 17B.18; 17B.20; 17B.22, subdivisions 
32.26 	1 and 2; 17B.28; 17B.29; 35.243; 35.255; 35.67; 35.72, subdivisions 1, 2, 3, 4, and 5; 
32.27 	223.16, subdivision 7; 223.18; 232.21, subdivision 4; 232.24, subdivision 3; 232.25; 
32.28 	233.01; 233.015; 233.017; 233.02; 233.03; 233.05; 233.06; 233.07; 233.08; 233.09; 
32.29 	233.10; 233.11; 233.12; 233.22; 233.23; 233.24; 233.33; 234.01; 234.03; 234.04; 234.05; 
32.30 	234.06; 234.08; 234.09; 234.10; 234.11; 234.12; 234.13; 234.14; 234.15; 234.16; 234.17; 
32.31 	234.18; 234.19; 234.20; 234.21; 234.22; 234.23; 234.24; 234.25; 234.27; 235.01; 235.02; 
32.32 	235.04; 235.05; 235.06; 235.07; 235.08; 235.09; 235.10; 235.13; 235.18; 236.01; 236.02; 
33.1 	236.03; 236.04; 236.05; 236.06; 236.07; 236.08; 236.09; 395.14; 395.15; 395.16; 395.17; 
33.2 	395.18; 395.19; 395.20; 395.21; 395.22; 395.23; and 395.24, are repealed.
33.3 	(b) Minnesota Rules, parts 1505.0780; 1505.0810; 1511.0100; 1511.0110; 
33.4 	1511.0120; 1511.0130; 1511.0140; 1511.0150; 1511.0160; 1511.0170; 1562.0100, 
33.5 	subparts 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25; 
33.6 	1562.0200; 1562.0400; 1562.0700; 1562.0900; 1562.1300; and 1562.1800, are repealed.

33.7 	ARTICLE 2
33.8 	FOOD SAFETY

33.9 	Section 1. Minnesota Statutes 2010, section 17.982, subdivision 1, is amended to read:
33.10 		Subdivision 1.Criminal penalties. A person who violates a provision of chapter 
33.11 	25, 28A, 29, 31, 31A, or 31B, or 34 for which a penalty has not been prescribed is guilty 
33.12 	of a misdemeanor.

33.13 	Sec. 2. Minnesota Statutes 2010, section 17.983, is amended to read:
33.14 	17.983 ADMINISTRATIVE PENALTIES AND ENFORCEMENT.
33.15 		Subdivision 1.Administrative penalties; citation. If a person has violated a 
33.16 	provision of chapter 25, 28A, 29, 31, 31A, 31B, or 32, or 34, the commissioner may issue 
33.17 	a written citation to the person by personal service or by certified mail. The citation must 
33.18 	describe the nature of the violation and the statute or rule alleged to have been violated; 
33.19 	state the time for correction, if applicable; and the amount of any proposed fine. The 
33.20 	citation must advise the person to notify the commissioner in writing within 30 days if the 
33.21 	person wishes to appeal the citation. If the person fails to appeal the citation, the citation 
33.22 	is the final order and not subject to further review.
33.23 		Subd. 3.Contested case. If a person appeals a citation or a penalty assessment 
33.24 	within the time limits in subdivision 1, the commissioner shall initiate a contested 
33.25 	proceeding under chapter 14. The report of the administrative law judge is the final 
33.26 	decision of the commissioner of agriculture.

33.27 	Sec. 3. Minnesota Statutes 2010, section 25.33, subdivision 13, is amended to read:
33.28 		Subd. 13.Label. "Label" means a display of written, printed, or graphic matter 
33.29 	upon or affixed to the container in which a commercial feed is distributed, or on the 
33.30 	invoice or delivery slip with which a commercial feed is distributed has the meaning given 
33.31 	in section 34A.01, subdivision 6.

34.1 	Sec. 4. Minnesota Statutes 2010, section 25.33, subdivision 14, is amended to read:
34.2 		Subd. 14.Labeling. "Labeling" means all labels and other written, printed, 
34.3 	or graphic matter upon a commercial feed or any of its containers or wrapper or 
34.4 	accompanying or supporting such commercial feed has the meaning given in section 
34.5 	34A.01, subdivision 7.

34.6 	Sec. 5. Minnesota Statutes 2010, section 25.36, is amended to read:
34.7 	25.36 MISBRANDING.
34.8 	A commercial feed is misbranded if: it is covered by section 34A.03.
34.9 	(1) its labeling is false or misleading in any particular;
34.10 	(2) it is distributed under the name of another commercial feed;
34.11 	(3) it is not labeled as required in section 25.35; 
34.12 	(4) it purports to be or is represented as a commercial feed or it purports to contain or 
34.13 	is represented as containing a commercial feed ingredient unless that commercial feed or 
34.14 	feed ingredient conforms to the definition, if any, prescribed by rule by the commissioner;
34.15 	(5) any word, statement, or other information required by or under authority of 
34.16 	sections 25.31 to 25.43 to appear on the label or labeling is not prominently placed on it 
34.17 	with such conspicuousness as compared with other words, statements, designs, or devices 
34.18 	in the labeling, and in such terms as to render it likely to be read and understood by the 
34.19 	ordinary individual under customary conditions of purchase and use; or 
34.20 	(6) its labeling would deceive or mislead the purchaser with respect to its 
34.21 	composition or suitability.

34.22 	Sec. 6. Minnesota Statutes 2010, section 25.37, is amended to read:
34.23 	25.37 ADULTERATION.
34.24 	(a) A commercial feed or a material exempted from the definition of commercial 
34.25 	feed under section 25.33, subdivision 5, is adulterated if: it is covered by section 34A.02. 
34.26 	(1) it bears or contains a poisonous or deleterious substance which may render it 
34.27 	injurious to health; but in case the substance is not an added substance, the commercial 
34.28 	feed is not considered adulterated if the quantity of the substance in the commercial feed 
34.29 	does not ordinarily render it injurious to health;
34.30 	(2) it bears or contains an added poisonous, deleterious, or nonnutritive substance 
34.31 	which is unsafe within the meaning of section 406 of the Federal Food, Drug, and 
34.32 	Cosmetic Act, other than the one which is a pesticide chemical in or on a raw agricultural 
34.33 	commodity, or a food additive;
35.1 	(3) it is unsafe or bears or contains any food additive which is unsafe within the 
35.2 	meaning of section 409 of the Federal Food, Drug, and Cosmetic Act;
35.3 	(4) it is a raw agricultural commodity and it bears or contains a pesticide chemical 
35.4 	which is unsafe within the meaning of section 408(a) of the Federal Food, Drug, and 
35.5 	Cosmetic Act; provided, that where a pesticide chemical has been used in or on a 
35.6 	raw agricultural commodity in conformity with an exemption granted or a tolerance 
35.7 	prescribed under section 408 of the Federal Food, Drug, and Cosmetic Act and that raw 
35.8 	agricultural commodity has been subjected to processing such as canning, cooking, 
35.9 	freezing, dehydrating, or milling, the residue of the pesticide chemical remaining in or on 
35.10 	the processed feed is not unsafe if the residue in or on the raw agricultural commodity has 
35.11 	been removed to the extent possible in good manufacturing practice and the concentration 
35.12 	of the residue in the processed feed is not greater than the tolerance prescribed for the raw 
35.13 	agricultural commodity unless the feeding of the processed feed will result or is likely to 
35.14 	result in a pesticide residue in the edible product of the animal, which is unsafe within the 
35.15 	meaning of section 408(a) of the Federal Food, Drug, and Cosmetic Act;
35.16 	(5) it is, or it bears or contains any color additive which is unsafe within the meaning 
35.17 	of section 706 of the Federal Food, Drug, and Cosmetic Act;
35.18 	(6) it is, or it bears or contains, any new animal drug which is unsafe within the 
35.19 	meaning of section 512 of the Federal Food, Drug, and Cosmetic Act;
35.20 	(7) it consists, in whole or in part, of any filthy, putrid, or decomposed substance, or 
35.21 	is otherwise unfit for feed;
35.22 	(8) it has been prepared, packed, or held under unsanitary conditions whereby it may 
35.23 	have become contaminated with filth or may have been rendered injurious to health;
35.24 	(9) it is, in whole or in part, the product of a diseased animal or of an animal which 
35.25 	has died otherwise than by slaughter which is unsafe within the meaning of section 
35.26 	402(a)(1) or (2) of the Federal Food, Drug, and Cosmetic Act;
35.27 	(10) its container is composed, in whole or in part, of any poisonous or deleterious 
35.28 	substance which may render the contents injurious to health; or
35.29 	(11) it has been intentionally subjected to radiation, unless the use of the radiation 
35.30 	was in conformity with a regulation or exemption in effect under section 409 of the 
35.31 	Federal Food, Drug, and Cosmetic Act.
35.32 	(b) A commercial feed is adulterated if:
35.33 	(1) any valuable constituent has been in whole or in part omitted or abstracted from 
35.34 	it or any less valuable substance substituted for a constituent;
35.35 	(2) its composition or quality falls below or differs from that which it is purported or 
35.36 	is represented to possess by its labeling;
36.1 	(3) it contains a drug and the methods used in or the facilities or controls used for 
36.2 	its manufacture, processing, or packaging do not conform to current good manufacturing 
36.3 	practice rules promulgated by the commissioner to assure that the drug meets the safety 
36.4 	requirements of sections 25.31 to 25.43 and has the identity and strength and meets the 
36.5 	quality and purity characteristics which it purports or is represented to possess. In adopting 
36.6 	rules under this clause, the commissioner shall adopt the current good manufacturing 
36.7 	practice rules for medicated feed premixes and for medicated feeds established under 
36.8 	authority of the Federal Food, Drug, and Cosmetic Act, unless the commissioner 
36.9 	determines that they are not appropriate to the conditions which exist in this state; or 
36.10 	(4) it contains viable weed seeds in amounts exceeding limits established by the 
36.11 	commissioner by rule.

36.12 	Sec. 7. Minnesota Statutes 2010, section 28A.03, subdivision 3, is amended to read:
36.13 		Subd. 3.Person. "Person" means any individual, firm, corporation, company, 
36.14 	association, cooperative, or partnership and includes any trustee, receiver, assignee, or 
36.15 	other similar representative thereof has the meaning given in section 34A.01, subdivision 
36.16 	10.

36.17 	Sec. 8. Minnesota Statutes 2010, section 28A.03, subdivision 5, is amended to read:
36.18 		Subd. 5.Food. "Food," includes every article used for, entering into the 
36.19 	consumption of, or used or intended for use in the preparation of food, drink, confectionery, 
36.20 	or condiment for humans, whether simple, mixed or compound. "nonperishable food," 
36.21 	"frozen food," "perishable food," and "readily perishable food" have the meanings given 
36.22 	in section 34A.01.
36.23 	(a) "Perishable food" is food which includes, but is not limited to fresh fruits, fresh 
36.24 	vegetables, and other products which need protection from extremes of temperatures in 
36.25 	order to avoid decomposition by microbial growth or otherwise.
36.26 	(b) "Readily perishable food" is food or a food ingredient consisting in whole or 
36.27 	in part of milk, milk products, eggs, meat, fish, poultry or other food or food ingredient 
36.28 	which is capable of supporting rapid and progressive growth of infectious or toxigenic 
36.29 	microorganisms.
36.30 	(c) "Frozen food" is food which is processed and preserved by freezing in accordance 
36.31 	with good commercial practices and which is intended to be sold in the frozen state.
36.32 	(d) For the purposes of this definition, packaged food in hermetically sealed 
36.33 	containers processed by heat to prevent spoilage; packaged pickles; jellies, jams and 
36.34 	condiments in sealed containers; bakery products such as bread, rolls, buns, donuts, 
37.1 	fruit-filled pies and pastries; dehydrated packaged food; and dry or packaged food so low in 
37.2 	moisture content as to preclude development of microorganisms are not "perishable food," 
37.3 	"readily perishable food," or "frozen food" within the meaning of paragraphs (a), (b), and 
37.4 	(c), when they are stored and handled in accordance with good commercial practices.
37.5 	(e) "Nonperishable food" is food described in paragraph (d) with a shelf life of 
37.6 	more than 90 days.

37.7 	Sec. 9. Minnesota Statutes 2010, section 28A.03, subdivision 6, is amended to read:
37.8 		Subd. 6.Sell; sale. "Sell" and "sale" include the keeping, offering, or exposing for 
37.9 	sale, use, transporting, transferring, negotiating, soliciting, or exchange of food, the having 
37.10 	in possession with intent to sell, use, transport, negotiate, solicit, or exchange the same 
37.11 	and the storing, or carrying thereof in aid of traffic therein whether done or permitted in 
37.12 	person or through others have the meanings given in section 34A.01, subdivision 12.

37.13 	Sec. 10. Minnesota Statutes 2010, section 28A.21, subdivision 6, is amended to read:
37.14 		Subd. 6.Expiration. Notwithstanding section 15.059, subdivision 5, this section 
37.15 	expires June 30, 2012 2017.

37.16 	Sec. 11. Minnesota Statutes 2010, section 31.01, subdivision 2, is amended to read:
37.17 		Subd. 2.Person. "Person" means any individual, firm, partnership, copartnership, 
37.18 	society, association, company, or corporation and includes any trustee, receiver, assignee 
37.19 	or other similar representative thereof has the meaning given in section 34A.01, 
37.20 	subdivision 10.

37.21 	Sec. 12. Minnesota Statutes 2010, section 31.01, subdivision 3, is amended to read:
37.22 		Subd. 3.Food. "Food" means articles used for food or drink for humans or other 
37.23 	animals, chewing gum, and articles used for components of any such article has the 
37.24 	meaning given in section 34A.01, subdivision 4.

37.25 	Sec. 13. Minnesota Statutes 2010, section 31.01, subdivision 4, is amended to read:
37.26 		Subd. 4.Sell and sale. "Sell" and "sale" shall be considered to include the 
37.27 	manufacture, production, processing, packing, exposure, offer, possession, and holding of 
37.28 	any such article for sale; and the sale, dispensing, and giving of any such article, and the 
37.29 	supplying or applying of any such article in the conduct of any food operation have the 
37.30 	meanings given in section 34A.01, subdivision 12.

38.1 	Sec. 14. Minnesota Statutes 2010, section 31.01, subdivision 21, is amended to read:
38.2 		Subd. 21.Label. "Label" means a display of written, printed, or graphic matter 
38.3 	upon the immediate container of any article, and includes a like display, if required by law 
38.4 	or rule, on the outside container or wrapper, if any there be, of the retail package of such 
38.5 	article has the meaning given in section 34A.01, subdivision 6.

38.6 	Sec. 15. Minnesota Statutes 2010, section 31.01, subdivision 25, is amended to read:
38.7 		Subd. 25.Labeling. "Labeling" means all labels and other written, printed, or 
38.8 	graphic matter upon an article or any of its containers or wrappers, or accompanying such 
38.9 	article has the meaning given in section 34A.01, subdivision 7.

38.10 	Sec. 16. Minnesota Statutes 2010, section 31.01, subdivision 28, is amended to read:
38.11 		Subd. 28.Pesticide chemical. "Pesticide chemical" means any substance which, 
38.12 	alone, in chemical combination, or in formulation with one or more other substances is an 
38.13 	"economic poison" within the meaning of chapter 24, or the Federal Insecticide, Fungicide 
38.14 	and Rodenticide Act (United States Code, title 7, sections 135-135k), as amended, and 
38.15 	which is used in the production, storage, or transportation of raw agricultural commodities
38.16 	has the meaning given in section 18B.01, subdivision 18.

38.17 	Sec. 17. Minnesota Statutes 2010, section 31.121, is amended to read:
38.18 	31.121 FOOD ADULTERATION.
38.19 	A food shall be deemed to be adulterated: if it is covered by section 34A.02.
38.20 	(a) If it bears or contains any poisonous or deleterious substance which may render it 
38.21 	injurious to health; but in case the substance is not an added substance such food shall 
38.22 	not be considered adulterated under this clause if the quantity of such substance in such 
38.23 	food does not ordinarily render it injurious to health; or
38.24 	(b) If it bears or contains any added poisonous or added deleterious substance, other 
38.25 	than one which is a pesticide chemical in or on a raw agricultural commodity; a food 
38.26 	additive; or a color additive, which is unsafe within the meaning of section 31.122; or 
38.27 	(c) If it is a raw agricultural commodity and it bears or contains a pesticide chemical 
38.28 	which is unsafe within the meaning of section 31.122; or 
38.29 	(d) If it is or it bears or contains any food additive which is unsafe within the 
38.30 	meaning of section 31.122; provided that where a pesticide chemical has been used in or 
38.31 	on a raw agricultural commodity in conformity with an exemption granted or tolerance 
38.32 	prescribed under section 31.122, and such raw agricultural commodity has been subjected 
38.33 	to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of 
39.1 	such pesticide chemical remaining in or on such processed food shall, notwithstanding 
39.2 	the provisions of section 31.122 and this clause, not be deemed unsafe if such residue in 
39.3 	or on the raw agricultural commodity has been removed to the extent possible in good 
39.4 	manufacturing practice, and the concentration of such residue in the processed food 
39.5 	when ready to eat is not greater than the tolerance prescribed for the raw agricultural 
39.6 	commodity; or 
39.7 	(e) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or 
39.8 	decomposed substance, or if it is otherwise unfit for food; or
39.9 	(f) If it has been produced, prepared, packed, or held under insanitary conditions 
39.10 	whereby it may have become contaminated with filth, or whereby it may have been 
39.11 	rendered diseased, unwholesome, or injurious to health; or
39.12 	(g) If it is in whole or in part the product of a diseased animal or of an animal which 
39.13 	has died otherwise than by slaughter, or of an animal that has been fed upon the uncooked 
39.14 	offal from a slaughterhouse; or
39.15 	(h) If its container is composed in whole or in part of any poisonous or deleterious 
39.16 	substance which may render the contents injurious to health; or
39.17 	(i) If it has been intentionally subjected to radiation, unless the use of the radiation 
39.18 	was in conformity with a rule or exemption in effect pursuant to section 31.122 or section 
39.19 	409 of the federal act; or 
39.20 	(j) If any valuable constituent has been in whole or in part omitted or abstracted 
39.21 	therefrom; or
39.22 	(k) If any substance has been substituted wholly or in part therefor; or
39.23 	(l) If damage or inferiority has been concealed in any manner; or
39.24 	(m) If any substance has been added thereto or mixed or packed therewith so as 
39.25 	to increase its bulk or weight, or reduce its quality or strength or make it appear better 
39.26 	or of greater value than it is; or
39.27 	(n) If it is confectionery, and (1) has partially or completely imbedded therein any 
39.28 	nonnutritive object; provided, that this clause shall not apply in the case of any nonnutritive 
39.29 	object if in the judgment of the commissioner, as provided by rules, such object is of 
39.30 	practical functional value to the confectionery product and would not render the product 
39.31 	injurious or hazardous to health; or (2) bears or contains any nonnutritive substance; 
39.32 	provided, that this clause shall not apply to (i) a confection containing alcohol as defined 
39.33 	in section 31.76, or (ii) a safe nonnutritive substance which is in or on confectionery by 
39.34 	reason of its use for some practical functional purpose in the manufacture, packaging, or 
39.35 	storing of such confectionery if the use of the substance does not promote deception of the 
39.36 	consumer or otherwise result in adulteration or misbranding in violation of any provision 
40.1 	of the Minnesota Food Law; and provided further, that the commissioner may, for the 
40.2 	purpose of avoiding or resolving uncertainty as to the application of this clause, issue rules 
40.3 	allowing or prohibiting the use of particular nonnutritive substances; or 
40.4 	(o) If it is or bears or contains any color additive which is unsafe within the meaning 
40.5 	of section 31.122; or 
40.6 	(p) If it is oleomargarine or margarine or butter and any of the raw material used 
40.7 	therein consisted in whole or in part of any filthy, putrid, or decomposed substance, or 
40.8 	such oleomargarine or margarine or butter is otherwise unfit for food.

40.9 	Sec. 18. Minnesota Statutes 2010, section 31.123, is amended to read:
40.10 	31.123 FOOD MISBRANDING.
40.11 	A food shall be deemed to be is misbranded: if it is covered by section 34A.03. 
40.12 	(a) If its labeling is false or misleading in any particular, or if its labeling, whether on 
40.13 	the commodity itself, its container or its package, fails to conform with the requirements 
40.14 	of Laws 1974, chapter 84;
40.15 	(b) If it is offered for sale under the name of another food;
40.16 	(c) If it is an imitation of another food for which a definition and standard of identity 
40.17 	have been prescribed by rules as provided by sections 31.10 and 31.102; or if it is an 
40.18 	imitation of another food that is not subject to clause (g), unless in either case its label 
40.19 	bears in type of uniform size and prominence the word "imitation" and immediately 
40.20 	thereafter the name of the food imitated; 
40.21 	(d) If its container is so made, formed, or filled as to be misleading;
40.22 	(e) If in package form, unless it bears a label containing (1) the name and place of 
40.23 	business of the manufacturer, packer, or distributor, and (2) an accurate statement of 
40.24 	the net quantity of the contents in terms of weight, measure, or numerical count, which 
40.25 	statement shall be separately and accurately stated in a uniform location upon the principal 
40.26 	display panel of the label; provided, that under this subclause reasonable variations shall 
40.27 	be permitted, and exemptions as to small packages shall be established by rules prescribed 
40.28 	by the commissioner;
40.29 	(f) If any word, statement, or other information required by or under authority of 
40.30 	the Minnesota Food Law to appear on the label or labeling is not prominently placed 
40.31 	thereon with such conspicuousness (as compared with other words, statements, designs, or 
40.32 	devices, in the labeling) and in such terms as to render it likely to be read and understood 
40.33 	by the ordinary individual under customary conditions of purchase and use;
40.34 	(g) If it purports to be or is represented as a food for which a definition and standard 
40.35 	of identity have been prescribed by rules as provided by sections 31.10 and 31.102, 
41.1 	unless (1) it conforms to such definition and standard, and (2) its label bears the name 
41.2 	of the food specified in the definition and standard, and, insofar as may be required by 
41.3 	such rules, the common names of optional ingredients (other than spices, flavoring, and 
41.4 	coloring) present in such food; 
41.5 	(h) If it purports to be or is represented as (1) a food for which a standard of quality 
41.6 	has been prescribed by rules as provided by sections 31.10 and 31.102, and its quality falls 
41.7 	below such standard unless its label bears, in such manner and form as such rules specify, 
41.8 	a statement that it falls below such standard, or (2) a food for which a standard or standards 
41.9 	of fill of container have been prescribed by rule as provided by sections 31.10 and 31.102, 
41.10 	and it falls below the standard of fill of container applicable thereto unless its label bears, in 
41.11 	such manner and form as such rules specify, a statement that it falls below such standard; 
41.12 	(i) If it is not subject to the provisions of clause (g), unless it bears labeling clearly 
41.13 	giving (1) the common or usual name of the food, if any there be, and (2) in case it 
41.14 	is fabricated from two or more ingredients, the common or usual name of each such 
41.15 	ingredient; except that spices, flavorings, and colorings, other than those sold as such, 
41.16 	may be designated as spices, flavorings, and colorings, without naming each; provided, 
41.17 	that to the extent that compliance with the requirements of this subclause is impractical 
41.18 	or results in deception or unfair competition, exemptions shall be established by rules 
41.19 	promulgated by the commissioner;
41.20 	(j) If it purports to be or is represented for special dietary uses, unless its label 
41.21 	bears such information concerning its vitamin, mineral, and other dietary properties as 
41.22 	the commissioner determines to be, and by rules prescribes as, necessary in order to fully 
41.23 	inform purchasers as to its value for such uses;
41.24 	(k) If it bears or contains any artificial flavoring, artificial coloring, or chemical 
41.25 	preservative, unless it bears labeling stating that fact; provided, that to the extent that 
41.26 	compliance with the requirements of this clause is impracticable, exemptions shall be 
41.27 	established by rules promulgated by the commissioner. The provisions of this clause and 
41.28 	clauses (g) and (i) with respect to artificial coloring do not apply to butter, cheese or ice 
41.29 	cream. The provisions with respect to chemical preservatives do not apply to a pesticide 
41.30 	chemical when used in or on a raw agricultural commodity which is the product of the soil;
41.31 	(l) If it is a raw agricultural commodity which is the product of the soil, bearing or 
41.32 	containing a pesticide chemical applied after harvest, unless the shipping container of such 
41.33 	commodity bears labeling which declares the presence of such chemical in or on such 
41.34 	commodity and the common or usual name and the function of such chemical; provided, 
41.35 	however, that no such declaration shall be required while such commodity, having been 
42.1 	removed from the shipping container, is being held or displayed for sale at retail out of 
42.2 	such container in accordance with the custom of the trade;
42.3 	(m) If it is a product intended as an ingredient of another food and when used 
42.4 	according to the directions of the purveyor will result in the final food product being 
42.5 	adulterated or misbranded;
42.6 	(n) If it is a color additive unless its packaging and labeling are in conformity with 
42.7 	such packaging and labeling requirements applicable to such color additive prescribed 
42.8 	under the provisions of the federal act.

42.9 	Sec. 19. Minnesota Statutes 2010, section 31A.02, subdivision 13, is amended to read:
42.10 		Subd. 13.Adulterated. "Adulterated" means a carcass, part of a carcass, meat, 
42.11 	poultry, poultry food product, or meat food product under one or more of the following 
42.12 	circumstances: an item is covered by section 34A.02. 
42.13 	(a) if it bears or contains a poisonous or harmful substance which may render 
42.14 	it injurious to health; but if the substance is not an added substance, the article is not 
42.15 	adulterated if the quantity of the substance in or on the article does not ordinarily make it 
42.16 	injurious to health;
42.17 	(b) if it bears or contains, by administration of a substance to the live animal or 
42.18 	otherwise, an added poisonous or harmful substance, other than (1) a pesticide chemical in 
42.19 	or on a raw agricultural commodity; (2) a food additive; or (3) a color additive, which 
42.20 	may, in the judgment of the commissioner, make the article unfit for human food;
42.21 	(c) if it is, in whole or in part, a raw agricultural commodity that bears or contains a 
42.22 	pesticide chemical which is unsafe within the meaning of section 408 of the Federal 
42.23 	Food, Drug, and Cosmetic Act;
42.24 	(d) if it bears or contains a food additive which is unsafe within the meaning of 
42.25 	section 409 of the Federal Food, Drug, and Cosmetic Act;
42.26 	(e) if it bears or contains a color additive which is unsafe within the meaning of 
42.27 	section 706 of the Federal Food, Drug, and Cosmetic Act;
42.28 	(f) if it contains a filthy, putrid, or decomposed substance or is for any other reason 
42.29 	unfit for human food;
42.30 	(g) if it has been prepared, packed, or held under unsanitary conditions so that it may 
42.31 	be contaminated with filth or harmful to health;
42.32 	(h) if it is wholly or partly the product of an animal which has died otherwise than 
42.33 	by slaughter;
42.34 	(i) if its container is wholly or partly composed of a poisonous or harmful substance 
42.35 	which may make the contents harmful to health;
43.1 	(j) if it has been intentionally subjected to radiation, unless the use of the radiation 
43.2 	conformed with a regulation or exemption in effect under section 409 of the Federal 
43.3 	Food, Drug, and Cosmetic Act;
43.4 	(k) if a valuable constituent has been wholly or partly omitted or removed from it; 
43.5 	if a substance has been wholly or partly substituted for it; if damage or inferiority has 
43.6 	been concealed; or if a substance has been added to it or mixed or packed with it so as 
43.7 	to increase its bulk or weight, reduce its quality or strength, or make it appear better 
43.8 	or of greater value than it is; or
43.9 	(l) if it is margarine containing animal fat and any of the raw material used in it 
43.10 	wholly or partly consisted of a filthy, putrid, or decomposed substance.

43.11 	Sec. 20. Minnesota Statutes 2010, section 31A.02, subdivision 14, is amended to read:
43.12 		Subd. 14.Misbranded. "Misbranded" means a carcass, part of a carcass, meat, 
43.13 	poultry, poultry food product, or meat food product under one or more of the following 
43.14 	circumstances: an item is covered by section 34A.03. 
43.15 	(a) if its labeling is false or misleading;
43.16 	(b) if it is offered for sale under the name of another food;
43.17 	(c) if it is an imitation of another food, unless its label bears, in type of uniform 
43.18 	size and prominence, the word "imitation" followed immediately by the name of the 
43.19 	food imitated;
43.20 	(d) if its container is made, formed, or filled so as to be misleading;
43.21 	(e) if its package or other container does not have a label showing (1) the name and 
43.22 	place of business of the manufacturer, packer, or distributor; and (2) an accurate statement 
43.23 	of the quantity of the contents in terms of weight, measure, or numerical count subject 
43.24 	to reasonable variations permitted and exemptions for small packages established in 
43.25 	rules of the commissioner;
43.26 	(f) if a word, statement, or other information required by or under authority of this 
43.27 	chapter to appear on the label or other labeling is not prominently and conspicuously 
43.28 	placed on the label or labeling in terms that make it likely to be read and understood by the 
43.29 	ordinary individual under customary conditions of purchase and use;
43.30 	(g) if it is represented as a food for which a definition and standard of identity or 
43.31 	composition has been prescribed by rules of the commissioner under section 31A.07, 
43.32 	unless (1) it conforms to the definition and standard, and (2) its label bears the name of the 
43.33 	food specified in the definition and standard and, if required by the rules, the common 
43.34 	names of optional ingredients, other than spices, flavoring, and coloring, present in the 
43.35 	food;
44.1 	(h) if it is represented as a food for which a standard of fill of container has been 
44.2 	prescribed by rules of the commissioner under section 31A.07, and it falls below the 
44.3 	applicable standard of fill of container, unless its label bears, in the manner and form the 
44.4 	rules specify, a statement that it falls below the standard;
44.5 	(i) if it is not subject to paragraph (g), unless its label bears (1) the usual name of 
44.6 	the food, if there is one, and (2) in case it is fabricated from two or more ingredients, 
44.7 	the common or usual name of each ingredient; except that spices, flavorings, and 
44.8 	colorings may, when authorized by the commissioner, be designated as spices, flavorings, 
44.9 	and colorings without naming each. To the extent that compliance with clause (2) is 
44.10 	impracticable, or results in deception or unfair competition, the commissioner shall 
44.11 	establish exemptions by rule;
44.12 	(j) if it purports to be or is represented for special dietary uses, unless its label bears 
44.13 	the information concerning its vitamin, mineral, and other dietary properties that the 
44.14 	commissioner, after consultation with the Secretary of Agriculture of the United States, 
44.15 	determines by rule to be necessary to inform purchasers of its value for special dietary uses;
44.16 	(k) if it bears or contains any artificial flavoring, artificial coloring, or chemical 
44.17 	preservative, unless it bears labeling stating that fact;
44.18 	(l) if it fails to bear, directly or on its container, as the commissioner by rule 
44.19 	prescribes, the inspection legend and other information the commissioner may require by 
44.20 	rule to assure that it will not have false or misleading labeling and that the public will be 
44.21 	told how to keep the article wholesome.

44.22 	Sec. 21. Minnesota Statutes 2010, section 31A.02, subdivision 15, is amended to read:
44.23 		Subd. 15.Label. "Label" means a display of written, printed, or graphic matter on 
44.24 	an article's immediate container, not including package liners has the meaning given 
44.25 	in section 34A.01, subdivision 6.

44.26 	Sec. 22. Minnesota Statutes 2010, section 31A.02, subdivision 16, is amended to read:
44.27 		Subd. 16.Labeling. "Labeling" means labels and other written, printed, or graphic 
44.28 	matter (1) on an article or its containers or wrappers, or (2) accompanying an article has 
44.29 	the meaning given in section 34A.01, subdivision 7.

44.30 	Sec. 23. Minnesota Statutes 2010, section 31A.23, is amended to read:
44.31 	31A.23 DETENTION OF ANIMALS OR PRODUCTS.
44.32 	This section applies to a carcass, part of a carcass, meat, or meat food product of an 
44.33 	animal, a product exempted from the definition of a meat food product, or a dead, dying, 
45.1 	disabled, or diseased animal. If an authorized representative of the commissioner finds 
45.2 	such an article or animal on premises where it is held for purposes of, during, or after 
45.3 	distribution in intrastate commerce, and there is reason to believe that it is adulterated or 
45.4 	misbranded and is usable as human food, or that it has not been inspected, in violation of 
45.5 	sections 31A.01 to 31A.16, the Federal Meat Inspection Act, or the Federal Food, Drug, 
45.6 	and Cosmetic Act, or that the article or animal has been or is intended to be distributed in 
45.7 	violation of a provision of those laws, it may be detained by the representative for up to 
45.8 	20 days pending action under section 31A.24 34A.11, subdivision 2, or notification of 
45.9 	federal authorities having jurisdiction over the article or animal. It must not be moved 
45.10 	by a person, firm, or corporation from the place at which it is located when detained, 
45.11 	until released by the representative. The representative may require all official marks to 
45.12 	be removed from the article or animal before it is released unless the commissioner is 
45.13 	satisfied that the article or animal is eligible to retain the official marks. 

45.14 	Sec. 24. Minnesota Statutes 2010, section 32.01, subdivision 11, is amended to read:
45.15 		Subd. 11.Adulterated. "Adulterated" has the meaning given it in section 31.01, 
45.16 	subdivision 19, and acts amendatory thereof means an item is covered by section 34A.02. 

45.17 	Sec. 25. Minnesota Statutes 2010, section 32.01, subdivision 12, is amended to read:
45.18 		Subd. 12.Misbranded. "Misbranded" or "misbranding" has the meaning given 
45.19 	in section 31.01, subdivision 5, and acts amendatory thereof means an item is covered 
45.20 	by section 34A.03. 

45.21 	Sec. 26. [34A.01] DEFINITIONS.
45.22 		Subdivision 1.Applicability. The definitions in this section and chapters 28, 28A, 
45.23 	29, 30, 31, 31A, 32, and 34 apply to this chapter. The definitions in this section apply to 
45.24 	chapters 25 and 32.
45.25 		Subd. 2.Commissioner. "Commissioner" means the commissioner of agriculture.
45.26 		Subd. 3.Federal act. "Federal act" means the federal Food, Drug, and Cosmetic 
45.27 	Act, as amended, United States Code, title 21, sections 301, et seq.
45.28 		Subd. 4.Food. "Food" means every ingredient used for, entering into the 
45.29 	consumption of, or used or intended for use in the preparation of food, drink, confectionery, 
45.30 	or condiment for humans or other animals, whether simple, mixed, or compound; and 
45.31 	articles used as components of these ingredients.
45.32 		Subd. 5.Frozen food. "Frozen food" is food that is processed and preserved by 
45.33 	freezing and which is intended to be sold in the frozen state.
46.1 		Subd. 6.Label. "Label" means a display of written, printed, or graphic matter 
46.2 	upon or affixed to:
46.3 	(1) the container of any food, and includes a like display, if required by law or rule, 
46.4 	on the outside container or wrapper, if there is one, of the retail package of the food, 
46.5 	not including package liners; or
46.6 	(2) the invoice or delivery slip with which commercial feed is distributed.
46.7 		Subd. 7.Labeling. "Labeling" means labels and other written, printed, or graphic 
46.8 	matter:
46.9 	(1) on food or its containers or wrappers;
46.10 	(2) accompanying or supporting food; or
46.11 	(3) a placard in, on, or adjacent to the food.
46.12 		Subd. 8.Nonperishable food. "Nonperishable food" is food with a shelf life of 
46.13 	more than 90 days and that is not perishable food, readily perishable food, or frozen food.
46.14 		Subd. 9.Perishable food. "Perishable food" means food including, but not limited 
46.15 	to, fresh fruits, fresh vegetables, and other products that need protection from extremes of 
46.16 	temperatures in order to avoid decomposition by microbial growth or otherwise.
46.17 		Subd. 10.Person. "Person" means any individual, firm, partnership, cooperative, 
46.18 	society, joint stock association, association, company, or corporation and includes any 
46.19 	officer, employee, agent, trustee, receiver, assignee, or other similar business entity or 
46.20 	representative of one of those entities.
46.21 		Subd. 11.Readily perishable food. "Readily perishable food" is food or a food 
46.22 	ingredient consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry, 
46.23 	or other food or food ingredient that is capable of supporting growth of infectious or 
46.24 	toxigenic microorganisms. Readily perishable food requires time and temperature control 
46.25 	to limit pathogenic microorganism growth or toxin formation.
46.26 		Subd. 12.Sell; sale. "Sell" and "sale" mean keeping, offering, or exposing for sale, 
46.27 	use, transporting, transferring, negotiating, soliciting, or exchanging food; having in 
46.28 	possession with intent to sell, use, transport, negotiate, solicit, or exchange food; storing, 
46.29 	manufacturing, producing, processing, packing, and holding of food for sale; dispensing or 
46.30 	giving food; or supplying or applying food in the conduct of any food operation or carrying 
46.31 	food in aid of traffic in food whether done or permitted in person or through others.

46.32 	Sec. 27. [34A.012] EXCLUSIONS.
46.33 	The following items are not perishable food, readily perishable food, or frozen food:
46.34 	(1) packaged pickles;
46.35 	(2) jellies, jams, and condiments in sealed containers;
47.1 	(3) bakery products such as bread, rolls, buns, donuts, fruit-filled pies, and pastries;
47.2 	(4) dehydrated packaged food;
47.3 	(5) dry or packaged food with a water activity that precludes development of 
47.4 	microorganisms; and
47.5 	(6) food in unopened hermetically sealed containers that is commercially processed 
47.6 	to achieve and maintain commercial sterility under conditions of nonrefrigerated storage 
47.7 	and distribution.

47.8 	Sec. 28. [34A.02] ADULTERATION.
47.9 		Subdivision 1.Adulterated food. Food is adulterated if:
47.10 	(1) it bears or contains any poisonous or deleterious substance which may render it 
47.11 	injurious to human or animal health; but if the substance is not an added substance, the 
47.12 	item is not adulterated under this clause if the quantity of the substance in the item does 
47.13 	not ordinarily render it injurious to human or animal health;
47.14 	(2) it bears or contains any added poisonous, deleterious, or nonnutritive substance, 
47.15 	other than one which is a pesticide in or on a raw agricultural commodity, a food additive, 
47.16 	or a color additive, that is unsafe within the meaning of section 31.122 or section 406 
47.17 	of the federal act;
47.18 	(3) it bears or contains, by administration of a substance to the live animal or 
47.19 	otherwise, an added poisonous or harmful substance, other than a pesticide in or on a raw 
47.20 	agricultural commodity, a food additive, or a color additive, that may, in the judgment of 
47.21 	the commissioner, make the article unfit for human food;
47.22 	(4) it is unsafe or bears or contains any food additive that is unsafe within the 
47.23 	meaning of section 31.122 or section 409 of the federal act;
47.24 	(5) it is or bears or contains any color additive that is unsafe within the meaning of 
47.25 	section 31.122 or section 706 of the federal act;
47.26 	(6) it is a raw agricultural commodity and it bears or contains a pesticide that is 
47.27 	unsafe within the meaning of section 31.122 or section 408 of the federal act;
47.28 	(7) it consists in whole or in part of a diseased, contaminated, filthy, putrid, or 
47.29 	decomposed substance, or if it is otherwise unfit for food;
47.30 	(8) it has been produced, prepared, packed, or held under unsanitary conditions 
47.31 	whereby it may have become contaminated with filth, or whereby it may have been 
47.32 	rendered diseased, unwholesome, or injurious to human or animal health;
47.33 	(9) it is in whole or in part the product of a diseased animal or of an animal which 
47.34 	has died otherwise than by slaughter that is unsafe within the meaning of section 402(a)(1) 
48.1 	or (2) of the federal act, or of an animal that has been fed upon the uncooked offal from a 
48.2 	slaughterhouse;
48.3 	(10) its container is wholly or partly composed of any poisonous or deleterious 
48.4 	substance that may render the contents injurious to human or animal health;
48.5 	(11) it has been intentionally subjected to radiation, unless the use of the radiation 
48.6 	was in conformity with a rule, regulation, or exemption in effect pursuant to section 
48.7 	31.122 or section 409 of the federal act;
48.8 	(12) any valuable constituent has been in whole or in part omitted or abstracted from 
48.9 	the food, if any substance has been substituted wholly or in part for the food, or if damage 
48.10 	or inferiority has been concealed in any manner. In the case of commercial feed, the 
48.11 	substituted constituent must be of lesser value in order to be adulterated;
48.12 	(13) any substance has been added to it or mixed or packed with it so as to increase 
48.13 	its bulk or weight, reduce its quality or strength, or make it appear better or of greater 
48.14 	value than it is;
48.15 	(14) its composition or quality falls below or differs from that which it is purported 
48.16 	or is represented to possess by its labeling; or
48.17 	(15) it is confectionery and:
48.18 	(i) has partially or completely imbedded in the food any nonnutritive object, 
48.19 	provided that this clause does not apply in the case of any nonnutritive object if in the 
48.20 	judgment of the commissioner, as provided by rules, the object is of practical functional 
48.21 	value to the confectionery product and would not render the product injurious or hazardous 
48.22 	to human or animal health; or
48.23 	(ii) bears or contains any nonnutritive substance, provided that this item does not 
48.24 	apply to a confection containing alcohol as defined in section 31.76, or a safe nonnutritive 
48.25 	substance which is in or on confectionery by reason of its use for some practical functional 
48.26 	purpose in the manufacture, packaging, or storing of the confectionery if the use of the 
48.27 	substance does not promote deception of the consumer or otherwise result in adulteration 
48.28 	or misbranding in violation of this chapter, and provided further that the commissioner 
48.29 	may, for the purpose of avoiding or resolving uncertainty as to the application of this 
48.30 	clause, issue rules allowing or prohibiting the use of particular nonnutritive substances.
48.31 		Subd. 2.Commercial feed or material. For only commercial feed or material 
48.32 	exempted from the definition of commercial feed under section 25.33, subdivision 5, 
48.33 	an item is adulterated if:
48.34 	(1) it contains viable weed seeds in amounts exceeding limits established by the 
48.35 	commissioner by rule or in sections 21.71 to 21.78;
49.1 	(2) it is, bears, or contains any new animal drug which is unsafe within the meaning 
49.2 	of section 512 of the federal act; or
49.3 	(3) it contains a drug and the methods used in or the facilities or controls used for its 
49.4 	manufacture, processing, or packaging do not conform to the current good manufacturing 
49.5 	practice rules promulgated by the commissioner to ensure that the drug meets the safety 
49.6 	requirements of sections 25.31 to 25.43 and has the identity and strength and meets the 
49.7 	quality and purity characteristics that it purports or is represented to possess. In adopting 
49.8 	rules under this clause, the commissioner shall adopt the current good manufacturing 
49.9 	practice rules for medicated feed premixes and for medicated feeds established under 
49.10 	authority of the federal act, unless the commissioner determines that they are not 
49.11 	appropriate to the conditions that exist in this state.

49.12 	Sec. 29. [34A.03] MISBRANDING.
49.13 	(a) Food is misbranded if:
49.14 	(1) its labeling is false or misleading in any particular or its labeling, whether on 
49.15 	the item itself, its container, or its package, fails to conform with the requirements of 
49.16 	this chapter;
49.17 	(2) it is offered for sale or distributed under the name of another food;
49.18 	(3) it is an imitation of another food for which a definition and standard of identity 
49.19 	have been prescribed by rules as provided by sections 31.10 and 31.102, or if it is an 
49.20 	imitation of another food that is not subject to clause (5), unless in either case its label 
49.21 	bears in type of uniform size and prominence the word "imitation" and immediately 
49.22 	thereafter the name of the food imitated;
49.23 	(4) its container is so made, formed, or filled as to be misleading;
49.24 	(5) it purports to be or is represented as a food for which a definition and standard 
49.25 	of identity have been prescribed by rules as provided by sections 31.10, 31.102, and 
49.26 	31A.07 unless it conforms to that definition and standard, and its label bears the name 
49.27 	of the food specified in the definition and standard, and insofar as may be required by 
49.28 	the rules, the common names of optional ingredients, other than spices, flavoring, and 
49.29 	coloring, present in the food;
49.30 	(6) it purports to be or is represented as:
49.31 	(i) a food for which a standard of quality has been prescribed by rules as provided by 
49.32 	sections 31.10 and 31.102, and its quality falls below that standard unless its label bears in 
49.33 	a manner and form that the rules specify, a statement that it falls below the standard; or
49.34 	(ii) a food for which a standard or standards of fill of container have been prescribed 
49.35 	by rule as provided by sections 31.10, 31.102, and 31A.07, and which falls below the 
50.1 	standard of fill of container applicable thereto unless its label bears, in a manner and form 
50.2 	that the rules specify, a statement that it falls below the standard;
50.3 	(7) it is not subject to clause (5), unless it bears labeling clearly giving the common 
50.4 	or usual name of the food, if there is one, and in case it is fabricated from two or more 
50.5 	ingredients, the common or usual name of each ingredient, except that spices, flavorings, 
50.6 	and colorings, other than those sold as such, may be designated as spices, flavorings, and 
50.7 	colorings, without naming each, provided that to the extent that compliance with the 
50.8 	requirements of this clause is impractical or results in deception or unfair competition, 
50.9 	exemptions must be established by rules promulgated by the commissioner;
50.10 	(8) it purports to be or is represented for special dietary uses, unless its label 
50.11 	bears information concerning its vitamin, mineral, and other dietary properties as the 
50.12 	commissioner determines to be, and by rules prescribed as, necessary in order to fully 
50.13 	inform purchasers as to its value for those uses;
50.14 	(9) it bears or contains any artificial flavoring, artificial coloring, or chemical 
50.15 	preservative, unless it bears labeling stating that fact, provided that, to the extent that 
50.16 	compliance with the requirements of this clause is impracticable, exemptions must be 
50.17 	established by rules promulgated by the commissioner. The provisions of this clause and 
50.18 	clauses (5) and (7) with respect to artificial coloring do not apply to butter, cheese, or ice 
50.19 	cream. The provisions with respect to chemical preservatives do not apply to a pesticide 
50.20 	when used in or on a raw agricultural commodity which is the product of the soil;
50.21 	(10) it is a product intended as an ingredient of another food and when used 
50.22 	according to the directions of the purveyor will result in the final food product being 
50.23 	adulterated or misbranded;
50.24 	(11) it is a color additive unless its packaging and labeling are in conformity with 
50.25 	such packaging and labeling requirements applicable to the color additive prescribed 
50.26 	under the provisions of the federal act;
50.27 	(12) it is food subject to section 31.101, subdivision 10, or chapter 31A, that fails to 
50.28 	bear, directly or on its container, as the commissioner by rule prescribes, the inspection 
50.29 	legend and other information the commissioner may require by rule to ensure that it 
50.30 	will not have false or misleading labeling, and that the public will be told how to keep 
50.31 	the article wholesome; or
50.32 	(13) its labeling would deceive or mislead the purchaser with respect to its 
50.33 	composition or suitability.
50.34 	(b) Food is also misbranded if it is a raw agricultural commodity which is the 
50.35 	product of the soil, bearing or containing a pesticide applied after harvest, unless the 
50.36 	shipping container of that commodity bears labeling which declares the presence of the 
51.1 	chemical in or on the commodity and the common or usual name and the function of the 
51.2 	chemical. No such declaration is required while the commodity, having been removed 
51.3 	from the shipping container, is being held or displayed for sale at retail out of the container 
51.4 	in accordance with the custom of the trade.

51.5 	Sec. 30. [34A.031] APPLICABILITY TO CHAPTERS 25 AND 32.
51.6 	The enforcement provisions in this chapter do not apply to violations of chapters 
51.7 	25 and 32.

51.8 	Sec. 31. [34A.04] ENFORCEMENT.
51.9 		Subdivision 1.Enforcement required. (a) The commissioner shall enforce this 
51.10 	chapter and chapters 28, 28A, 29, 30, 31, 31A, and 34. To carry out the enforcement duties 
51.11 	under these chapters, the commissioner may, upon presenting appropriate credentials, 
51.12 	during regular working hours and at other reasonable times, inspect premises subject 
51.13 	to the commissioner's enforcement and licensing authority; require information from 
51.14 	persons with information relevant to an inspection; and inspect and copy relevant papers 
51.15 	and records, including business records.
51.16 	(b) The commissioner may administer oaths, take and cause to be taken depositions 
51.17 	of witnesses, and issue subpoenas, and may petition the district court in the county in which 
51.18 	the premises is located to compel compliance with subpoenas or to permit an inspection.
51.19 	(c) Violations of chapters 28, 28A, 29, 30, 31, 31A, and 34, or rules adopted under 
51.20 	chapters 28, 28A, 29, 30, 31, 31A, and 34 are a violation of this chapter. The enforcement 
51.21 	provisions in this chapter do not apply to violations of chapters 25 and 32.
51.22 	(d) Upon the request of the commissioner, county attorneys, sheriffs, and other 
51.23 	officers having authority in the enforcement of the general criminal laws shall take action 
51.24 	to the extent of their authority necessary or proper for the enforcement of this chapter or 
51.25 	standards, stipulations, and agreements of the commissioner.
51.26 		Subd. 2.Commissioner's discretion. If minor violations of this chapter occur or 
51.27 	the commissioner believes the public interest will be best served by a suitable notice of 
51.28 	warning in writing, this chapter does not require the commissioner to take any additional 
51.29 	action.
51.30 		Subd. 3.Criminal actions. Each county attorney or city attorney to whom the 
51.31 	commissioner reports any violation of this chapter shall institute appropriate proceedings 
51.32 	in the proper courts without delay and prosecute them in the manner required by law. If 
51.33 	the county or city attorney refuses to prosecute, the attorney general, on request of the 
51.34 	commissioner, may prosecute.

52.1 	Sec. 32. [34A.05] FALSE STATEMENT OR RECORD.
52.2 	A person must not knowingly make or offer a false statement, record, or other 
52.3 	information as part of:
52.4 	(1) an application for registration, listing, license, certification, or permit subject 
52.5 	to this chapter;
52.6 	(2) records or reports required subject to this chapter; or
52.7 	(3) an investigation of a violation of this chapter.

52.8 	Sec. 33. [34A.051] ILLEGAL SALES.
52.9 	It is a violation of law to sell, in or into Minnesota, food that is from a place of 
52.10 	business located outside of Minnesota that has not been licensed, inspected, permitted, 
52.11 	or otherwise approved by the local, tribal, state, or national government charged with 
52.12 	enforcement of food safety regulations in that jurisdiction or by Minnesota, unless the 
52.13 	product itself has been so inspected and approved and bears a stamp or similar indicia 
52.14 	of such inspection and approval.

52.15 	Sec. 34. [34A.06] ADMINISTRATIVE ACTIONS.
52.16 		Subdivision 1.Administrative enforcement. (a) The commissioner may enforce 
52.17 	this chapter by written warning, administrative meeting, cease and desist, forced sale, 
52.18 	detention, embargo, condemnation, citation, corrective action order, seizure, agreement, 
52.19 	withdrawal from distribution, or administrative penalty if the commissioner determines 
52.20 	that the remedy is in the public interest.
52.21 	(b) For facilities required to submit a plan review under Minnesota Rules, chapter 
52.22 	4626, the commissioner may withdraw by written order the approval of a facility or 
52.23 	equipment if:
52.24 	(1) hazards to human life exist; or
52.25 	(2) there is satisfactory evidence that the person to whom the approval was issued 
52.26 	has used fraudulent or deceptive practices to evade or attempt to evade provisions of 
52.27 	this chapter.
52.28 	(c) Any action under this subdivision may be appealed pursuant to section 34A.08.
52.29 		Subd. 2.License revocation, suspension, and refusal. (a) The commissioner 
52.30 	may revoke, suspend, limit, modify, or refuse to grant or renew a registration, listing, 
52.31 	permit, license, or certification if a person violates or has violated this chapter within 
52.32 	the last three years.
52.33 	(b) The commissioner may revoke, suspend, limit, modify, or refuse to grant or 
52.34 	renew a registration, listing, permit, license, or certification to a person from another state 
53.1 	if that person has had a registration, permit, license, or certification denied, revoked, 
53.2 	or suspended by another state for an offense reasonably related to the requirements, 
53.3 	qualifications, or duties of a registration, permit, license, or certification issued under 
53.4 	this chapter.
53.5 	(c) The commissioner may revoke, suspend, limit, modify, or refuse to grant or 
53.6 	renew a registration, listing, permit, license, or certification to a person after receiving 
53.7 	satisfactory evidence that the registrant, permittee, licensee, or certificate holder has used 
53.8 	fraudulent and deceptive practices in the evasion or attempted evasion of this chapter.
53.9 	(d) A registration, listing, permit, license, or certification may not be revoked or 
53.10 	suspended until the registrant, permittee, licensee, or certificate holder has been given 
53.11 	opportunity for a hearing by the commissioner. After receiving notice of revocation or 
53.12 	suspension, a registrant, permittee, licensee, registrant, or certificate holder has ten days to 
53.13 	request a hearing, or another time period mutually agreed to by both parties. If no request is 
53.14 	made within ten days or other agreed-upon time, the registration, listing, permit, license, or 
53.15 	certification is revoked or suspended. In the case of a refusal to grant a registration, listing, 
53.16 	permit, license, or certification, the registrant, permittee, licensee, registrant, or certificate 
53.17 	holder has ten days from notice of refusal to request a hearing. Upon receiving a request 
53.18 	for hearing, the department shall proceed pursuant to section 34A.08, subdivision 2.

53.19 	Sec. 35. [34A.07] ADMINISTRATIVE PENALTIES.
53.20 		Subdivision 1.Assessment. (a) In determining the amount of the administrative 
53.21 	penalty, the commissioner shall consider the economic gain received by the person 
53.22 	allowing or committing the violation, the gravity of the violation in terms of actual or 
53.23 	potential damage to human or animal health and the environment, the willfulness of 
53.24 	the violation, the number of violations, the history of past violations, and other factors 
53.25 	justice may require, if the additional factors are specifically identified in the inspection 
53.26 	report. For a violation after an initial violation, the commissioner shall also consider the 
53.27 	similarity of the most recent previous violation and the violation to be penalized, the time 
53.28 	elapsed since the last violation, the number of previous violations, and the response of 
53.29 	the person to the most recent previous violation identified.
53.30 	(b) The commissioner may issue an administrative citation assessing an 
53.31 	administrative penalty of up to $1,500 for each violation of this chapter. Each day a 
53.32 	violation continues is a separate violation. The citation must describe the nature of the 
53.33 	violation, the statute or rule alleged to have been violated, the time for correction, if 
53.34 	applicable, and the amount of any proposed fine. The citation must advise the person to 
53.35 	notify the commissioner in writing within 20 days, or another time period mutually agreed 
54.1 	to by the commissioner and the person subject to the citation, if the person wishes to 
54.2 	appeal the citation, and that if the person fails to appeal the citation, the citation is the 
54.3 	final order and not subject to further review.
54.4 	(c) An administrative penalty may be assessed if the person subject to a written order 
54.5 	does not comply with the order in the time provided in the order.
54.6 		Subd. 2.Collection of penalty.  If a person subject to an administrative penalty fails 
54.7 	to pay the penalty, which must be part of a final citation by the commissioner, by 30 days 
54.8 	after the final order is issued, the commissioner may commence an administrative action 
54.9 	for double the assessed penalty.

54.10 	Sec. 36. [34A.08] APPEAL OF ADMINISTRATIVE ACTION OR PENALTY.
54.11 		Subdivision 1.Notice of appeal. (a) After service of a citation under section 34A.07 
54.12 	or order under section 34A.06, subdivision 1, a person has 20 days from receipt of the 
54.13 	citation or order, or another time period mutually agreed to by the commissioner and the 
54.14 	person subject to the citation or order, to notify the commissioner in writing that the 
54.15 	person intends to contest the citation or order through a hearing. The hearing request 
54.16 	must specifically identify the order or citation being contested and state the grounds for 
54.17 	contesting it.
54.18 	(b) If the person fails to notify the commissioner that the person intends to contest 
54.19 	the citation or order, the citation or order is final and not subject to further administrative 
54.20 	review.
54.21 		Subd. 2.Administrative review. If a person notifies the commissioner that 
54.22 	the person intends to contest a citation or order issued under this chapter, the Office 
54.23 	of Administrative Hearings shall conduct a hearing in accordance with the applicable 
54.24 	provisions of chapter 14 for hearings in contested cases.

54.25 	Sec. 37. [34A.10] CRIMINAL PENALTIES.
54.26 		Subdivision 1.General violation. Except as provided in subdivisions 2 and 3, a 
54.27 	person is guilty of a misdemeanor if the person violates this chapter or an order, standard, 
54.28 	citation, stipulation, agreement, or schedule of compliance of the commissioner, or 
54.29 	impedes, hinders, or otherwise prevents, or attempts to prevent the commissioner or a 
54.30 	duly authorized agent, in performance of a duty in connection with this chapter. Unless 
54.31 	otherwise specified in this chapter, each separate violation is a separate offense, except 
54.32 	that in the case of a violation through continuing failure or neglect to obey this chapter, 
54.33 	each day the failure or neglect continues is a separate offense.
55.1 		Subd. 2.Violation endangering humans or animals. A person is guilty of a 
55.2 	gross misdemeanor if the person violates this chapter or an order, standard, stipulation, 
55.3 	agreement, or schedule of compliance of the commissioner and the violation endangers 
55.4 	humans or animals.
55.5 		Subd. 3.Violation with knowledge. A person is guilty of a gross misdemeanor if 
55.6 	the person knowingly violates this chapter or an order, standard, stipulation, agreement, or 
55.7 	schedule of compliance of the commissioner.

55.8 	Sec. 38. [34A.11] EMBARGO, SEIZURE, AND CONDEMNATION.
55.9 		Subdivision 1.Tag, notice, or withdrawal from distribution. If the commissioner 
55.10 	finds probable cause to believe that any food, animal, or consumer commodity is being 
55.11 	distributed in violation of this chapter or rules under this chapter, or is adulterated or so 
55.12 	misbranded as to be dangerous or fraudulent, the commissioner shall affix to the food, 
55.13 	animal, or consumer commodity a tag, withdrawal from distribution order, or other 
55.14 	appropriate marking giving notice that the food, animal, or consumer commodity is, or is 
55.15 	suspected of being, adulterated, misbranded, or distributed in violation of this chapter, 
55.16 	and has been detained or embargoed, and warning all persons not to remove or dispose 
55.17 	of the food, animal, or consumer commodity by sale or otherwise until permission for 
55.18 	removal or disposal is given by the commissioner or the court. It is unlawful for a person 
55.19 	to remove or dispose of a detained or embargoed food, animal, or consumer commodity by 
55.20 	sale or otherwise without the commissioner's or a court's permission and each transaction 
55.21 	is a separate violation of this subdivision.
55.22 		Subd. 2.Seizure. A carcass; part of a carcass; meat or meat food product of an 
55.23 	animal; or dead, dying, disabled, or diseased animal that is being transported in intrastate 
55.24 	commerce, or is held for sale in this state after transportation in intrastate commerce, may 
55.25 	be proceeded against, seized, and condemned if:
55.26 	(1) it is or has been prepared, sold, transported, or otherwise distributed, offered, or 
55.27 	received for distribution in violation of this chapter;
55.28 	(2) it is usable as human food and is adulterated or misbranded; or
55.29 	(3) it is in any other way in violation of this chapter.
55.30 		Subd. 3.Action for condemnation. If food or an article or animal detained or 
55.31 	embargoed under subdivision 1 has been found by the commissioner to be adulterated 
55.32 	or misbranded or in violation of this chapter, the commissioner shall petition the district 
55.33 	court in the county in which the food or animal is detained or embargoed for an order and 
55.34 	decree for the condemnation of the food or animal. The commissioner shall release the 
56.1 	food or animal when this chapter and rules adopted under this chapter have been complied 
56.2 	with or the food or animal is found to be not adulterated or misbranded.
56.3 		Subd. 4.Remedies. If the court finds that a detained or embargoed food or animal 
56.4 	is adulterated, misbranded, or in violation of this chapter or rules adopted under this 
56.5 	chapter, the following remedies are available:
56.6 	(1) after entering a decree, the food or animal may be destroyed at the expense of 
56.7 	the claimant under the supervision of the commissioner, and all court costs, fees, storage, 
56.8 	and other proper expenses must be assessed against the claimant of the food or animal or 
56.9 	the claimant's agent; and
56.10 	(2) if adulteration or misbranding can be corrected by proper labeling or processing 
56.11 	of the food or animal, the court, after entry of the decree and after costs, fees, and expenses 
56.12 	have been paid and a good and sufficient bond, conditioned that the food or animal must 
56.13 	be properly labeled or processed, has been executed, may by order direct that the food or 
56.14 	animal be delivered to the claimant for proper labeling or processing under the supervision 
56.15 	of the commissioner. The expense of the supervision must be paid by the claimant. The 
56.16 	food or animal must be returned to the claimant and the bond must be discharged on the 
56.17 	representation to the court by the commissioner that the food or animal is no longer in 
56.18 	violation and that the expenses for the supervision have been paid.
56.19 		Subd. 5.Duties of commissioner. If the commissioner finds in any room, building, 
56.20 	vehicle of transportation, or other structure any meat, seafood, poultry, vegetable, fruit, or 
56.21 	other perishable articles of food that are unsound, or contain any filthy, decomposed, or 
56.22 	putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the 
56.23 	commissioner shall condemn or destroy the item or in any other manner render the item as 
56.24 	unsalable as human food, and no one has any cause of action against the commissioner 
56.25 	on account of the commissioner's action.
56.26 		Subd. 6.Emergency response. If the governor declares an emergency order under 
56.27 	section 12.31 and if the commissioner finds or has probable cause to believe that livestock, 
56.28 	food, or a consumer commodity within a specific area is likely to be adulterated because 
56.29 	of the emergency or so misbranded as to be dangerous or fraudulent, or is in violation of 
56.30 	section 31.131, subdivision 1, the commissioner may embargo a geographic area that is 
56.31 	included in the declared emergency. The commissioner shall provide notice to the public 
56.32 	and to those with custody of the product in as thorough a manner as is practicable under 
56.33 	the emergency circumstances.

56.34 	Sec. 39. [34A.12] POWERS OF THE COMMISSIONER.
57.1 		Subdivision 1.Gathering information. The commissioner may, for the purposes 
57.2 	of this chapter:
57.3 	(1) gather and compile information concerning and investigate the organization, 
57.4 	business, conduct, practices, and management of a person in intrastate commerce and 
57.5 	the person's relation to other persons; and
57.6 	(2) require, by general or special orders, a person, persons, or a class of persons 
57.7 	engaged in intrastate commerce to file with the commissioner, in the form the 
57.8 	commissioner prescribes, annual and special reports or answers in writing to specific 
57.9 	questions, giving the commissioner the information the commissioner requires about the 
57.10 	organization, business, conduct, practices, management, and relation to other persons, of 
57.11 	the person filing the reports or answers. The reports and answers must be made under 
57.12 	oath, or otherwise, as the commissioner prescribes, and filed with the commissioner within 
57.13 	a reasonable time the commissioner prescribes, unless additional time is granted by the 
57.14 	commissioner.
57.15 		Subd. 2.Penalties related to testimony and records. (a) A person who neglects 
57.16 	or refuses to attend and testify, to answer a lawful inquiry, or to produce documentary 
57.17 	evidence, if it is in the person's power to do so in obedience to the subpoena or lawful 
57.18 	requirement of the commissioner, is guilty of a misdemeanor.
57.19 	(b) A person who willfully:
57.20 	(1) makes or causes to be made a false entry or statement of fact in a report required 
57.21 	under this chapter;
57.22 	(2) makes or causes to be made a false entry in an account, record, or memorandum 
57.23 	kept by a person subject to this chapter;
57.24 	(3) neglects or fails to make or to cause to be made full and correct entries in the 
57.25 	accounts, records, or memoranda of all facts and transactions relating to the person's 
57.26 	business;
57.27 	(4) leaves the jurisdiction of this state;
57.28 	(5) mutilates, alters, or by any other means falsifies documentary evidence of a 
57.29 	person subject to this chapter; or
57.30 	(6) refuses to submit to the commissioner, for inspection and copying, any 
57.31 	documentary evidence of a person subject to this chapter in the person's possession or 
57.32 	control, is guilty of a misdemeanor.
57.33 	(c) A person required by this chapter to file an annual or special report who fails to 
57.34 	do so within the time fixed by the commissioner for filing the report and continues the 
57.35 	failure for 30 days after notice of failure to file, is guilty of a misdemeanor.

58.1 	Sec. 40.  REPEALER.
 58.2 	(a) Minnesota Statutes 2010, sections 17.984; 28.15; 28A.12; 28A.13; 29.28; 31.031; 
58.3 	31.041; 31.05; 31.14; 31.393; 31.58; 31.592; 31.621, subdivision 5; 31.631, subdivision 
58.4 	4; 31.633, subdivision 2; 31.681; 31.74, subdivision 3; 31.91; 31A.24; 31A.26; 32.078; 
58.5 	32.475, subdivision 7; 32.61; 32.90; and 34.113, are repealed.
58.6 	(b) Minnesota Rules, parts 1540.0010, subpart 26; 1550.0930, subparts 3, 4, 5, 6, 
58.7 	and 7; 1550.1040, subparts 3, 4, 5, and 6; and 1550.1260, subparts 6 and 7, are repealed.