1.1 	A bill for an act
1.2 	relating to agriculture; modifying provisions related to pesticides, plants, 
1.3 	nursery law, inspections, enforcements, seeds, commercial feed, food, animals, 
1.4 	grain, and weights and measures; modifying certain ethanol and biodiesel 
1.5 	provisions; delaying the effective date to eliminate certain limitations on wind 
1.6 	easements; designating Lester as official state soil; establishing Dairy Research, 
1.7 	Teaching, and Consumer Education Authority; establishing pilot agricultural 
1.8 	microloan program; providing certain counties with capital improvement 
1.9 	plan authority; modifying seized animal procedures; providing for food law 
1.10 	enforcement; making administrative, clarifying, technical, and other conforming 
1.11 	changes; requiring reports;amending Minnesota Statutes 2010, sections 
1.12 	17.114, subdivisions 3, 4; 17.982, subdivision 1; 17.983; 17.984, subdivision 
1.13 	1; 18B.065, subdivision 2a, by adding a subdivision; 18B.316, subdivision 
1.14 	6; 18G.02, subdivision 14; 18G.07, subdivision 1; 18G.10, subdivision 7, 
1.15 	by adding a subdivision; 18H.02, subdivision 14, by adding a subdivision; 
1.16 	18H.10; 18H.14; 18J.01; 18J.02; 18J.03; 18J.04, subdivisions 1, 2, 3, 4; 18J.05, 
1.17 	subdivisions 1, 2, 6; 18J.06; 18J.07, subdivisions 3, 4, 5; 21.82, subdivisions 7, 
1.18 	8; 25.33, subdivision 3; 28A.03, subdivisions 3, 5, 6; 28A.21, subdivision 6; 
1.19 	31.01, subdivisions 2, 3, 4, 21, 25, 28; 31.121; 31.123; 31.13; 31.94; 31A.02, 
1.20 	subdivisions 13, 14, 15, 16; 31A.23; 32.01, subdivisions 11, 12; 35.0661, 
1.21 	subdivisions 2, 3; 40A.17; 41A.12, subdivisions 2, 4; 41B.036; 41B.048, 
1.22 	subdivision 6; 41B.055, subdivision 1; 41B.06; 48.24, subdivision 5; 223.16, 
1.23 	subdivision 12; 223.17, subdivisions 1, 4, 6, 9; 232.21, subdivisions 2, 6, 12; 
1.24 	232.22, subdivisions 3, 4, 5, 7; 232.23, subdivisions 2, 5, 10; 232.24, subdivisions 
1.25 	1, 2; 239.092; 239.093; 239.77, subdivisions 3, 5; 239.791, subdivision 1a; 
1.26 	347.54, subdivisions 2, 3; Laws 2008, chapter 296, article 1, section 25, as 
1.27 	amended; Laws 2010, Second Special Session chapter 1, article 1, section 11; 
1.28 	Laws 2011, chapter 14, section 6; proposing coding for new law in Minnesota 
1.29 	Statutes, chapters 1; 41B; 346; proposing coding for new law as Minnesota 
1.30 	Statutes, chapters 32C; 34A; repealing Minnesota Statutes 2010, sections 17B.01; 
1.31 	17B.02; 17B.03; 17B.04; 17B.041; 17B.0451; 17B.048; 17B.05; 17B.06; 
1.32 	17B.07; 17B.10; 17B.11; 17B.12; 17B.13; 17B.14; 17B.15, subdivisions 1, 3; 
1.33 	17B.16; 17B.17; 17B.18; 17B.20; 17B.22, subdivisions 1, 2; 17B.28; 17B.29; 
1.34 	25.33, subdivision 18; 27.19, subdivisions 2, 3; 27.20; 28.15; 28A.12; 28A.13; 
1.35 	29.28; 31.031; 31.041; 31.05; 31.14; 31.393; 31.58; 31.592; 31.621, subdivision 
1.36 	5; 31.631, subdivision 4; 31.633, subdivision 2; 31.681; 31.74, subdivision 3; 
1.37 	31.91; 31A.24; 31A.26; 34.113; 35.243; 35.255; 35.71, subdivisions 1, 2, 3, 
1.38 	4, 5, 6, 7; 35.72, subdivisions 1, 2, 3, 4, 5; 41B.048, subdivision 7; 223.16, 
1.39 	subdivision 7; 223.18; 232.21, subdivision 4; 232.24, subdivision 3; 232.25; 
2.1 	233.01; 233.015; 233.017; 233.02; 233.03; 233.04; 233.05; 233.06; 233.07; 
2.2 	233.08; 233.09; 233.10; 233.11; 233.12; 233.22; 233.23; 233.24; 233.33; 234.01; 
2.3 	234.03; 234.04; 234.05; 234.06; 234.08; 234.09; 234.10; 234.11; 234.12; 234.13; 
2.4 	234.14; 234.15; 234.16; 234.17; 234.18; 234.19; 234.20; 234.21; 234.22; 234.23; 
2.5 	234.24; 234.25; 234.27; 235.01; 235.02; 235.04; 235.05; 235.06; 235.07; 235.08; 
2.6 	235.09; 235.10; 235.13; 235.18; 236.01; 236.02; 236.03; 236.04; 236.05; 236.06; 
2.7 	236.07; 236.08; 236.09; 395.14; 395.15; 395.16; 395.17; 395.18; 395.19; 395.20; 
2.8 	395.21; 395.22; 395.23; 395.24; Minnesota Rules, parts 1505.0780; 1505.0810; 
2.9 	1511.0100; 1511.0110; 1511.0120; 1511.0130; 1511.0140; 1511.0150; 
2.10 	1511.0160; 1511.0170; 1540.0010, subpart 26; 1550.0930, subparts 3, 4, 5, 6, 7; 
2.11 	1550.1040, subparts 3, 4, 5, 6; 1550.1260, subparts 6, 7; 1562.0100, subparts 
2.12 	3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25; 
2.13 	1562.0200; 1562.0400; 1562.0700; 1562.0900; 1562.1300; 1562.1800.
2.14 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.15 	ARTICLE 1
2.16 	AGRICULTURE POLICY

2.17 	Section 1. [1.1485] STATE SOIL.
2.18 	Lester is designated as the official soil of the state of Minnesota.

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

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

4.3 	Sec. 4. Minnesota Statutes 2010, section 18B.065, subdivision 2a, is amended to read:
4.4 		Subd. 2a.Disposal site requirement. (a) For agricultural waste pesticides, the 
4.5 	commissioner must designate a place in each county of the state that is available at least 
4.6 	every other year for persons to dispose of unused portions of agricultural pesticides. The 
4.7 	commissioner shall consult with the person responsible for solid waste management 
4.8 	and disposal in each county to determine an appropriate location and to advertise each 
4.9 	collection event. The commissioner may provide a collection opportunity in a county 
4.10 	more frequently if the commissioner determines that a collection is warranted.
4.11 	(b) For nonagricultural waste pesticides, the commissioner must provide a disposal 
4.12 	opportunity each year in each county or enter into a contract with a group of counties 
4.13 	under a joint powers agreement or contract for household hazardous waste disposal.
4.14 	(c) As provided under subdivision 7, the commissioner may enter into cooperative 
4.15 	agreements with local units of government to provide the collections required under 
4.16 	paragraph (a) or (b) and shall provide a local unit of government, as part of the cooperative 
4.17 	agreement, with funding for reasonable costs incurred including, but not limited to, related 
4.18 	supplies, transportation, advertising, and disposal costs as well as reasonable overhead 
4.19 	costs.
4.20 	(d) A person who collects waste pesticide under this section shall, on a form 
4.21 	provided or in a method approved by the commissioner, record information on each 
4.22 	waste pesticide product collected including, but not limited to, the quantity collected 
4.23 	and either the product name and its active ingredient or ingredients or the United States 
4.24 	Environmental Protection Agency registration number. The person must submit this 
4.25 	information to the commissioner at least annually by January 30.

4.26 	Sec. 5. Minnesota Statutes 2010, section 18B.065, is amended by adding a subdivision 
4.27 	to read:
4.28 		Subd. 10.Indemnification. (a) A local unit of government, when operating or 
4.29 	participating in a waste pesticide collection program pursuant to a cooperative agreement 
4.30 	with the commissioner under this section, is an employee of the state, certified to be 
4.31 	acting within the scope of employment, for purposes of the indemnification provisions of 
4.32 	section 3.736, subdivision 9, for claims that arise out of the transportation, management, 
4.33 	or disposal of any waste pesticide covered by the agreement:
5.1 	(1) from and after the time the waste permanently leaves the local unit of 
5.2 	government's possession and comes into the possession of the state's authorized 
5.3 	transporter; and
5.4 	(2) during the time the waste is transported between the local unit of government 
5.5 	facilities by the state's authorized transporter.
5.6 	(b) The state is not obligated to defend or indemnify a local unit of government under 
5.7 	this subdivision to the extent of the local unit of government's liability insurance. The 
5.8 	local unit of government's right to indemnify is not a waiver of the limitation, defenses, 
5.9 	and immunities available to either the local unit of government or the state by law.

5.10 	Sec. 6. Minnesota Statutes 2010, section 18B.316, subdivision 6, is amended to read:
5.11 		Subd. 6.Agricultural pesticide sales invoices. (a) Sales invoices for agricultural 
5.12 	pesticides sold in or into this state by a licensed agricultural pesticide dealer or a pesticide 
5.13 	dealer under this section must show the percent of gross sales fee rate assessed and the 
5.14 	gross sales fee paid under section 18B.26, subdivision 3, paragraph (c).
5.15 	(b) A licensed agricultural pesticide dealer or a pesticide dealer may request an 
5.16 	exemption from paragraph (a). The request for exemption must be in writing to the 
5.17 	commissioner and must include verifiable information to justify that compliance with 
5.18 	paragraph (a) is an extreme business hardship for the licensed agricultural pesticide dealer 
5.19 	or pesticide dealer. The commissioner may approve or reject a request for exemption 
5.20 	based upon review of the submitted information. An approved exemption under this 
5.21 	paragraph is valid for one calendar year. The commissioner must maintain a list of those 
5.22 	licensed agricultural pesticide dealers or pesticide dealers that have been granted an 
5.23 	exemption on the department's Web site.
5.24 	(c) A licensed agricultural pesticide dealer or a pesticide dealer issued an exemption 
5.25 	under paragraph (b) must include the following statement on each sales invoice for any 
5.26 	sale of an agricultural pesticide: "Minnesota Department of Agriculture Annual Gross 
5.27 	Sales Fees of 0.55% have been Assessed and Paid on the Sale of an Agricultural Pesticide."
5.28 	(d) Only the person who actually will pay the gross sales fee may show the rate or 
5.29 	the amount of the fee as a line item on the sales invoice.

5.30 	Sec. 7. Minnesota Statutes 2010, section 18G.02, subdivision 14, is amended to read:
5.31 		Subd. 14.Infested. "Infested" means a plant has been overrun by plant pests, 
5.32 	including weeds, or contains or harbors plant pests in a quantity that may threaten other 
5.33 	plants.

6.1 	Sec. 8. Minnesota Statutes 2010, section 18G.07, subdivision 1, is amended to read:
6.2 		Subdivision 1.Creation of registry. (a) The commissioner shall maintain a list of 
6.3 	all persons, businesses, and companies that employ persons who provide tree care or tree 
6.4 	trimming services in Minnesota. All commercial tree care providers, tree trimmers, and 
6.5 	persons whoemployers that direct employees to remove trees, limbs, branches, brush, or 
6.6 	shrubs for hire must be registered by with the commissioner.
6.7 	(b) Persons or companies who are required to be registered under paragraph (a) must 
6.8 	register annually by providing the following to the commissioner:
6.9 	(1) accurate and up-to-date business name, address, and telephone number;
6.10 	(2) a complete list of all Minnesota counties in which they work; and
6.11 	(3) a nonrefundable fee of $25 for initial application or renewing the registration.
6.12 	(c) All persons and companies required to be registered under paragraph (a) must 
6.13 	register before conducting the activities specified in paragraph (a). Annual registration 
6.14 	expires December 31, must be renewed annually, and the renewal fee remitted by January 
6.15 	7 1 of the year for which it is issued. In addition, a penalty of ten percent of the renewal fee 
6.16 	due must be charged for each month, or portion of a month, that the fee is delinquent up to 
6.17 	a maximum of 30 percent for any application for renewal postmarked after December 31.

6.18 	Sec. 9. Minnesota Statutes 2010, section 18G.10, subdivision 7, is amended to read:
6.19 		Subd. 7.Supplemental, additional, or other certificates and permits. (a) The 
6.20 	commissioner may provide inspection, sampling, or certification services to ensure 
6.21 	that Minnesota plant treatment processes, plant products, or commodities meet import 
6.22 	requirements of other states or countries.
6.23 	(b) The state plant regulatory official may issue permits and certificates verifying that 
6.24 	various Minnesota agricultural plant treatment processes, products, or commodities meet 
6.25 	specified plant health requirements, treatment requirements, or pest absence assurances 
6.26 	based on determinations by the commissioner.

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

6.32 	Sec. 11. Minnesota Statutes 2010, section 18H.02, subdivision 14, is amended to read:
7.1 		Subd. 14.Infested. "Infested" means a plant has been overrun by plant pests, 
7.2 	including weeds, or contains or harbors plant pests in a quantity that may threaten other 
7.3 	plants.

7.4 	Sec. 12. Minnesota Statutes 2010, section 18H.02, is amended by adding a subdivision 
7.5 	to read:
7.6 		Subd. 16a.Nonhardy. "Nonhardy" means a plant that cannot be expected to 
7.7 	survive or reliably produce flowers and fruit in average minimum winter temperatures 
7.8 	at the growing site as determined by the commissioner based upon independent field 
7.9 	trials and industry input represented by the United States Department of Agriculture 
7.10 	Plant Hardiness Zone designations.

7.11 	Sec. 13. Minnesota Statutes 2010, section 18H.10, is amended to read:
7.12 	18H.10 STORAGE OF NURSERY STOCK.
7.13 	(a) All nursery stock must be kept and displayed under conditions of temperature, 
7.14 	light, and moisture sufficient to maintain the viability and vigor of the nursery stock.
7.15 	(b) Packaged dormant nursery stock must be stored under conditions that retard 
7.16 	growth, prevent etiolated growth, and protect its viability.
7.17 	(c) Balled and burlapped nursery stock being held for sale to the public must be kept 
7.18 	in a moisture-holding material approved by the commissioner and not toxic to plants. 
7.19 	The moisture-holding material must adequately cover and protect the ball of earth and 
7.20 	must be kept moist at all times.

7.21 	Sec. 14. Minnesota Statutes 2010, section 18H.14, is amended to read:
7.22 	18H.14 LABELING AND ADVERTISING OF NURSERY STOCK.
7.23 	(a) Plants, plant materials, or nursery stock must not be labeled or advertised with 
7.24 	false or misleading information including, but not limited to, scientific name, variety, 
7.25 	place of origin, hardiness zone as defined by the United States Department of Agriculture, 
7.26 	and growth habit.
7.27 	(b) All nonhardy nursery stock as designated by the commissioner must be labeled 
7.28 	"nonhardy" in Minnesota.
7.29 	(b) (c) A person may not offer for distribution plants, plant materials, or nursery 
7.30 	stock, represented by some specific or special form of notation, including, but not limited 
7.31 	to, "free from" or "grown free of," unless the plants are produced under a specific program 
7.32 	approved by the commissioner to address the specific plant properties addressed in the 
7.33 	special notation claim.
8.1 	(d) Nursery stock collected from the wild state must be inspected and certified 
8.2 	prior to sale and at the time of sale must be labeled "Collected from the Wild." The label 
8.3 	must remain on each plant or clump of plants while it is offered for sale and during the 
8.4 	distribution process. The collected stock may be grown in nursery rows at least two years, 
8.5 	after which the plants may be sold without the labeling required by this paragraph.

8.6 	Sec. 15. Minnesota Statutes 2010, section 18J.01, is amended to read:
8.7 	18J.01 DEFINITIONS.
8.8 	(a) The definitions in sections 18G.02and,18H.02, 27.01, 223.16, 231.01, and 
8.9 	232.21 apply to this chapter.
8.10 	(b) For purposes of this chapter, "associated rules" means rules adopted under this 
8.11 	chapter, chapter 18G or, 18H, 27, 223, 231, or 232, or sections 21.80 to 21.92.

8.12 	Sec. 16. Minnesota Statutes 2010, section 18J.02, is amended to read:
8.13 	18J.02 DUTIES OF COMMISSIONER.
8.14 	The commissioner shall administer and enforce this chapter, chapters 18G and, 18H, 
8.15 	27, 223, 231, and 232; sections 21.80 to 21.92,; and associated rules.

8.16 	Sec. 17. Minnesota Statutes 2010, section 18J.03, is amended to read:
8.17 	18J.03 CIVIL LIABILITY.
8.18 	A person regulated by this chapter, chapter 18G or, 18H, 27, 223, 231, or 232, 
8.19 	or sections 21.80 to 21.92, is civilly liable for any violation of one of those statutes or 
8.20 	associated rules by the person's employee or agent.

8.21 	Sec. 18. Minnesota Statutes 2010, section 18J.04, subdivision 1, is amended to read:
8.22 		Subdivision 1.Access and entry. The commissioner, upon presentation of official 
8.23 	department credentials, must be granted immediate access at reasonable times to sites 
8.24 	where a person manufactures, distributes, uses, handles, disposes of, stores, or transports 
8.25 	seeds, plants, grain, household goods, general merchandise, produce, or other living or 
8.26 	nonliving products or other objects regulated under chapter 18G or, 18H, 27, 223, 231, or 
8.27 	232; sections 21.80 to 21.92,; or associated rules.

8.28 	Sec. 19. Minnesota Statutes 2010, section 18J.04, subdivision 2, is amended to read:
8.29 		Subd. 2.Purpose of entry. (a) The commissioner may enter sites for:
9.1 	(1) inspection of inventory and equipment for the manufacture, storage, handling, 
9.2 	distribution, disposal, or any other process regulated under chapter 18G or, 18H, 27, 223, 
9.3 	231, or 232; sections 21.80 to 21.92,; or associated rules;
9.4 	(2) sampling of sites, seeds, plants, products, grain, household goods, general 
9.5 	merchandise, produce, or other living or nonliving objects that are manufactured, stored, 
9.6 	distributed, handled, or disposed of at those sites and regulated under chapter 18G or,
9.7 	18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules;
9.8 	(3) inspection of records related to the manufacture, distribution, storage, handling, 
9.9 	or disposal of seeds, plants, products, grain, household goods, general merchandise, 
9.10 	produce, or other living or nonliving objects regulated under chapter 18G or, 18H, 27, 
9.11 	223, 231, or 232; sections 21.80 to 21.92,; or associated rules;
9.12 	(4) investigating compliance with chapter 18G or, 18H, 27, 223, 231, or 232;
9.13 	sections 21.80 to 21.92,; or associated rules; or
9.14 	(5) other purposes necessary to implement chapter 18G or, 18H, 27, 223, 231, or 
9.15 	232; sections 21.80 to 21.92,; or associated rules.
9.16 	(b) The commissioner may enter any public or private premises during or after 
9.17 	regular business hours without notice of inspection when a suspected violation of chapter 
9.18 	18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules may 
9.19 	threaten public health or the environment.

9.20 	Sec. 20. Minnesota Statutes 2010, section 18J.04, subdivision 3, is amended to read:
9.21 		Subd. 3.Notice of inspection samples and analyses. (a) The commissioner shall 
9.22 	provide the owner, operator, or agent in charge with a receipt describing any samples 
9.23 	obtained. If requested, the commissioner shall split any samples obtained and provide 
9.24 	them to the owner, operator, or agent in charge. If an analysis is made of the samples, 
9.25 	a copy of the results of the analysis must be furnished to the owner, operator, or agent 
9.26 	in charge within 30 days after an analysis has been performed. If an analysis is not 
9.27 	performed, the commissioner must notify the owner, operator, or agent in charge within 30 
9.28 	days of the decision not to perform the analysis.
9.29 	(b) The sampling and analysis must be done according to methods provided for 
9.30 	under applicable provisions of chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80
9.31 	to 21.92,; or associated rules. In cases not covered by those sections and methods or in 
9.32 	cases where methods are available in which improved applicability has been demonstrated 
9.33 	the commissioner may adopt appropriate methods from other sources.

9.34 	Sec. 21. Minnesota Statutes 2010, section 18J.04, subdivision 4, is amended to read:
10.1 		Subd. 4.Inspection requests by others. (a) A person who believes that a violation 
10.2 	of chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated 
10.3 	rules has occurred may request an inspection by giving notice to the commissioner of the 
10.4 	violation. The notice must be in writing, state with reasonable particularity the grounds 
10.5 	for the notice, and be signed by the person making the request.
10.6 	(b) If after receiving a notice of violation the commissioner reasonably believes that 
10.7 	a violation has occurred, the commissioner shall make a special inspection in accordance 
10.8 	with the provisions of this section as soon as practicable, to determine if a violation has 
10.9 	occurred.
10.10 	(c) An inspection conducted pursuant to a notice under this subdivision may cover 
10.11 	an entire site and is not limited to the portion of the site specified in the notice. If the 
10.12 	commissioner determines that reasonable grounds to believe that a violation occurred 
10.13 	do not exist, the commissioner must notify the person making the request in writing of 
10.14 	the determination.

10.15 	Sec. 22. Minnesota Statutes 2010, section 18J.05, subdivision 1, is amended to read:
10.16 		Subdivision 1.Enforcement required. (a) A violation of chapter 18G or, 18H, 27, 
10.17 	223, 231, or 232; sections 21.80 to 21.92,; or an associated rule is a violation of this 
10.18 	chapter.
10.19 	(b) Upon the request of the commissioner, county attorneys, sheriffs, and other 
10.20 	officers having authority in the enforcement of the general criminal laws must take action 
10.21 	to the extent of their authority necessary or proper for the enforcement of chapter 18G or,
10.22 	18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules or valid orders, 
10.23 	standards, stipulations, and agreements of the commissioner.

10.24 	Sec. 23. Minnesota Statutes 2010, section 18J.05, subdivision 2, is amended to read:
10.25 		Subd. 2.Commissioner's discretion. If minor violations of chapter 18G or,
10.26 	18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules occur or the 
10.27 	commissioner believes the public interest will be best served by a suitable notice of 
10.28 	warning in writing, this section does not require the commissioner to:
10.29 	(1) report the violation for prosecution;
10.30 	(2) institute seizure proceedings; or
10.31 	(3) issue a withdrawal from distribution, stop-sale, or other order.

10.32 	Sec. 24. Minnesota Statutes 2010, section 18J.05, subdivision 6, is amended to read:
11.1 		Subd. 6.Agent for service of process. All persons licensed, permitted, registered, 
11.2 	or certified under chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or 
11.3 	associated rules must appoint the commissioner as the agent upon whom all legal process 
11.4 	may be served and service upon the commissioner is deemed to be service on the licensee, 
11.5 	permittee, registrant, or certified person.

11.6 	Sec. 25. Minnesota Statutes 2010, section 18J.06, is amended to read:
11.7 	18J.06 FALSE STATEMENT OR RECORD.
11.8 	A person must not knowingly make or offer a false statement, record, or other 
11.9 	information as part of:
11.10 	(1) an application for registration, license, certification, or permit under chapter 18G 
11.11 	or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules;
11.12 	(2) records or reports required under chapter 18G or, 18H, 27, 223, 231, or 232;
11.13 	sections 21.80 to 21.92,; or associated rules; or
11.14 	(3) an investigation of a violation of chapter 18G or, 18H, 27, 223, 231, or 232;
11.15 	sections 21.80 to 21.92,; or associated rules.

11.16 	Sec. 26. Minnesota Statutes 2010, section 18J.07, subdivision 3, is amended to read:
11.17 		Subd. 3.Cancellation of registration, permit, license, certification. The 
11.18 	commissioner may cancel or revoke a registration, permit, license, or certification 
11.19 	provided for under chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,;
11.20 	or associated rules or refuse to register, permit, license, or certify under provisions of 
11.21 	chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules 
11.22 	if the registrant, permittee, licensee, or certified person has used fraudulent or deceptive 
11.23 	practices in the evasion or attempted evasion of a provision of chapter 18G or, 18H, 27, 
11.24 	223, 231, or 232; sections 21.80 to 21.92,; or associated rules.

11.25 	Sec. 27. Minnesota Statutes 2010, section 18J.07, subdivision 4, is amended to read:
11.26 		Subd. 4.Service of order or notice. (a) If a person is not available for service of an 
11.27 	order, the commissioner may attach the order to the facility, site, seed or seed container, 
11.28 	plant or other living or nonliving object regulated under chapter 18G or, 18H, 27, 223, 
11.29 	231, or 232; sections 21.80 to 21.92,; or associated rules and notify the owner, custodian, 
11.30 	other responsible party, or registrant.
11.31 	(b) The seed, seed container, plant, or other living or nonliving object regulated 
11.32 	under chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated 
12.1 	rules may not be sold, used, tampered with, or removed until released under conditions 
12.2 	specified by the commissioner, by an administrative law judge, or by a court.

12.3 	Sec. 28. Minnesota Statutes 2010, section 18J.07, subdivision 5, is amended to read:
12.4 		Subd. 5.Unsatisfied judgments. (a) An applicant for a license, permit, registration, 
12.5 	or certification under provisions of this chapter, chapter 18G or, 18H, 27, 223, 231, or 
12.6 	232; sections 21.80 to 21.92,; or associated rules may not allow a final judgment against 
12.7 	the applicant for damages arising from a violation of those statutes or rules to remain 
12.8 	unsatisfied for a period of more than 30 days.
12.9 	(b) Failure to satisfy, within 30 days, a final judgment resulting from a violation 
12.10 	of this chapter results in automatic suspension of the license, permit, registration, or 
12.11 	certification.

12.12 	Sec. 29. Minnesota Statutes 2010, section 21.82, subdivision 7, is amended to read:
12.13 		Subd. 7.Vegetable seeds. For vegetable seeds prepared for use in home gardens 
12.14 	or household plantings the requirements in paragraphs (a) to (p) apply. Vegetable seeds 
12.15 	packed for sale in commercial quantities to farmers, conservation groups, and other similar 
12.16 	entities are considered agricultural seeds and must be labeled accordingly.
12.17 	(a) The label must contain the name of the kind or kind and variety for each seed 
12.18 	component in excess of five percent of the whole and the percentage by weight of each 
12.19 	in order of its predominance. If the variety of those kinds generally labeled as to variety 
12.20 	is not stated and it is not required to be stated, the label must show the name of the kind 
12.21 	and the words "variety not stated."
12.22 	(b) The percentage that is hybrid must be at least 95 percent of the percentage of pure 
12.23 	seed shown unless the percentage of pure seed which is hybrid seed is shown separately. 
12.24 	If two or more kinds of varieties are present in excess of five percent and are named on 
12.25 	the label, each that is hybrid must be designated as hybrid on the label. Any one kind or 
12.26 	kind and variety that has pure seed that is less than 95 percent but more than 75 percent 
12.27 	hybrid seed as a result of incompletely controlled pollination in a cross must be labeled 
12.28 	to show the percentage of pure seed that is hybrid seed or a statement such as "contains 
12.29 	from 75 percent to 95 percent hybrid seed." No one kind or variety of seed may be labeled 
12.30 	as hybrid if the pure seed contains less than 75 percent hybrid seed. The word "hybrid" 
12.31 	must be shown on the label in conjunction with the kind.
12.32 	(c) Blends must be listed on the label using the term "blend" in conjunction with 
12.33 	the kind.
12.34 	(d) Mixtures shall be listed on the label using the term "mixture," "mix," or "mixed."
13.1 	(e) The label must show a lot number or other lot identification.
13.2 	(f) The origin may be omitted from the label.
13.3 	(g) The label must show the year for which the seed was packed for sale listed as 
13.4 	"packed for (year)" for seed with a percentage of germination that exceeds the standard last 
13.5 	established by the commissioner, the percentage of germination and the calendar month 
13.6 	and year that the percentages were determined by test, or the calendar month and year the 
13.7 	germination test was completed and the statement "sell by (month and year listed here)," 
13.8 	which may be no more than 12 months from the date of test, exclusive of the month of test.
13.9 	(h) For vegetable seeds which germinate less than the standard last established by 
13.10 	the commissioner, the label must show:
13.11 	(1) a percentage of germination, exclusive of hard or dormant seed or both;
13.12 	(2) a percentage of hard or dormant seed or both, if present; and
13.13 	(3) the words "below standard" in not less than eight point type and the month and 
13.14 	year the percentages were determined by test.
13.15 	(i) The net weight of the contents or a statement indicating the number of seeds in 
13.16 	the container or both, must appear on either the container or the label, except that for 
13.17 	containers with contents of 200 seeds or less a statement indicating the number of seeds in 
13.18 	the container may be listed along with or in lieu of the net weight of contents.
13.19 	(j) The heading for and percentage by weight of pure seed may be omitted from a 
13.20 	label if the total is more than 90 percent.
13.21 	(k) The heading for and percentage by weight of weed seed may be omitted from a 
13.22 	label if they are not present in the seed.
13.23 	(l) The heading "noxious weed seeds" may be omitted from a label if they are not 
13.24 	present in the seed.
13.25 	(m) The heading for and percentage by weight of other crop seed may be omitted 
13.26 	from a label if it is less than five percent.
13.27 	(n) The heading for and percentage by weight of inert matter may be omitted from a 
13.28 	label if it is less than ten percent.
13.29 	(o) The label must contain the name and address of the person who labeled the 
13.30 	seed or who sells the seed in this state or a code number that has been registered with 
13.31 	the commissioner.
13.32 	(p) The labeling requirements for vegetable seeds prepared for use in home gardens 
13.33 	or household plantings when sold outside their original containers are met if the seed is 
13.34 	weighed from a properly labeled container in the presence of the purchaser.

13.35 	Sec. 30. Minnesota Statutes 2010, section 21.82, subdivision 8, is amended to read:
14.1 		Subd. 8.Flower seeds. For flower and wildflower seeds prepared for use in home 
14.2 	gardens or household plantings, the requirements in paragraphs (a) to (l) apply. Flower 
14.3 	and wildflower seeds packed for sale in commercial quantities to farmers, conservation 
14.4 	groups, and other similar entities are considered agricultural seeds and must be labeled 
14.5 	accordingly.
14.6 	(a) The label must contain the name of the kind and variety or a statement of type 
14.7 	and performance characteristics as prescribed by rule.
14.8 	(b) The percentage that is hybrid must be at least 95 percent of the percentage of pure 
14.9 	seed shown unless the percentage of pure seed which is hybrid seed is shown separately. 
14.10 	If two or more kinds of varieties are present in excess of five percent and are named on 
14.11 	the label, each that is hybrid must be designated as hybrid on the label. Any one kind or 
14.12 	kind and variety that has pure seed that is less than 95 percent but more than 75 percent 
14.13 	hybrid seed as a result of incompletely controlled pollination in a cross must be labeled 
14.14 	to show the percentage of pure seed that is hybrid seed or a statement such as "contains 
14.15 	from 75 percent to 95 percent hybrid seed." No one kind or variety of seed may be labeled 
14.16 	as hybrid if the pure seed contains less than 75 percent hybrid seed. The word "hybrid" 
14.17 	must be shown on the label in conjunction with the kind.
14.18 	(c) Blends must be listed on the label using the term "blend" in conjunction with 
14.19 	the kind.
14.20 	(d) Mixtures must be listed on the label using the term "mixture," "mix," or "mixed."
14.21 	(e) The label must contain the lot number or other lot identification.
14.22 	(f) The origin may be omitted from the label.
14.23 	(g) The label must contain the year for which the seed was packed for sale listed as 
14.24 	"packed for (year)" for seed with a percentage of germination that exceeds the standard last 
14.25 	established by the commissioner, the percentage of germination and the calendar month 
14.26 	and year that the percentages were determined by test, or the calendar month and year the 
14.27 	germination test was completed and the statement "sell by (month and year listed here)," 
14.28 	which may be no more than 12 months from the date of test, exclusive of the month of test.
14.29 	(h) For flower seeds which germinate less than the standard last established by 
14.30 	the commissioner, the label must show:
14.31 	(1) percentage of germination exclusive of hard or dormant seed or both;
14.32 	(2) percentage of hard or dormant seed or both, if present; and
14.33 	(3) the words "below standard" in not less than eight point type and the month and 
14.34 	year this percentage was determined by test.
14.35 	(i) The label must show the net weight of contents or a statement indicating the 
14.36 	number of seeds in the container, or both, on either the container or the label, except that 
15.1 	for containers with contents of 200 seeds or less a statement indicating the number of 
15.2 	seeds in the container may be listed along with or in lieu of the net weight of contents.
15.3 	(j) The heading for and percentage by weight of pure seed may be omitted from a 
15.4 	label if the total is more than 90 percent.
15.5 	(k) The heading for and percentage by weight of weed seed may be omitted from a 
15.6 	label if they are not present in the seed.
15.7 	(l) The heading "noxious weed seeds" may be omitted from a label if they are not 
15.8 	present in the seed.
15.9 	(m) The heading for and percentage by weight of other crop seed may be omitted 
15.10 	from a label if it is less than five percent.
15.11 	(n) The heading for and percentage by weight of inert matter may be omitted from a 
15.12 	label if it is less than ten percent.
15.13 	(o) The label must show the name and address of the person who labeled the seed 
15.14 	or who sells the seed within this state, or a code number which has been registered with 
15.15 	the commissioner.

15.16 	Sec. 31. Minnesota Statutes 2010, section 25.33, subdivision 3, is amended to read:
15.17 		Subd. 3.Distribute. "Distribute" means to offer for sale, sell, exchange, or
15.18 	barter, or otherwise supply commercial feed; or to supply, furnish, or otherwise provide 
15.19 	commercial feed to a contract feeder. The term "distribute" shall not include or apply to 
15.20 	any feeds manufactured for livestock owned by the distributor.

15.21 	EFFECTIVE DATE. This section is effective retroactively from January 1, 
15.22 	2012, and applies to commercial feed inspection fees assessed by the commissioner of 
15.23 	agriculture for calendar year 2012 and thereafter.

15.24 	Sec. 32. Minnesota Statutes 2010, section 31.13, is amended to read:
15.25 	31.13 ANALYSIS; EVIDENCE.
15.26 	It shall be the duty of the chief chemist and assistantslaboratory director, managers, 
15.27 	and analysts to make analyses and examinations of such articles as shall be furnished 
15.28 	to them by the commissioner, for the purpose of determining from such examination 
15.29 	whether such articles are adulterated, misbranded, insufficiently labeled, unwholesome, 
15.30 	poisonous, or deleterious and whether such articles have been manufactured, used, sold, 
15.31 	transported, offered for use, sale, or transportation, or had in possession with intent to use, 
15.32 	sell, or transport in violation of any law now or hereafter enacted relating to food, or of 
15.33 	any definition, standard, rule, or ruling made and published thereunder, and to certify the 
16.1 	result of such analysis and examination to the commissioner. A copy of the result of the 
16.2 	examination or analysis of any such article, duly authenticated, by the chemistanalyst 
16.3 	making such analysisdeterminations or examination, under oath of such chemist analyst, 
16.4 	shall be prima facie evidence in all courts of the matters and facts therein contained.

16.5 	Sec. 33. Minnesota Statutes 2010, section 31.94, is amended to read:
16.6 	31.94 COMMISSIONER DUTIES.
16.7 	(a) In order to promote opportunities for organic agriculture in Minnesota, the 
16.8 	commissioner shall:
16.9 	(1) survey producers and support services and organizations to determine 
16.10 	information and research needs in the area of organic agriculture practices;
16.11 	(2) work with the University of Minnesota to demonstrate the on-farm applicability 
16.12 	of organic agriculture practices to conditions in this state;
16.13 	(3) direct the programs of the department so as to work toward the promotion of 
16.14 	organic agriculture in this state;
16.15 	(4) inform agencies of how state or federal programs could utilize and support 
16.16 	organic agriculture practices; and
16.17 	(5) work closely with producers, the University of Minnesota, the Minnesota Trade 
16.18 	Office, and other appropriate organizations to identify opportunities and needs as well 
16.19 	as ensure coordination and avoid duplication of state agency efforts regarding research, 
16.20 	teaching, marketing, and extension work relating to organic agriculture.
16.21 	(b) By November 15 of each even-numbered year that ends in a zero or a five, the 
16.22 	commissioner, in conjunction with the task force created in paragraph (c), shall report 
16.23 	on the status of organic agriculture in Minnesota to the legislative policy and finance 
16.24 	committees and divisions with jurisdiction over agriculture. The report must include:
16.25 	available data on organic acreage and production, available data on the sales or market 
16.26 	performance of organic products, and recommendations regarding programs, policies, and 
16.27 	research efforts that will benefit Minnesota's organic agriculture sector.
16.28 	(1) a description of current state or federal programs directed toward organic 
16.29 	agriculture, including significant results and experiences of those programs;
16.30 	(2) a description of specific actions the department of agriculture is taking in the 
16.31 	area of organic agriculture, including the proportion of the department's budget spent on 
16.32 	organic agriculture;
16.33 	(3) a description of current and future research needs at all levels in the area of 
16.34 	organic agriculture;
17.1 	(4) suggestions for changes in existing programs or policies or enactment of new 
17.2 	programs or policies that will affect organic agriculture;
17.3 	(5) a description of market trends and potential for organic products;
17.4 	(6) available information, using currently reliable data, on the price received, yield, 
17.5 	and profitability of organic farms, and a comparison with data on conventional farms; and
17.6 	(7) available information, using currently reliable data, on the positive and negative 
17.7 	impacts of organic production on the environment and human health.
17.8 	(c) A Minnesota Organic Advisory Task Force shall advise the commissioner and the 
17.9 	University of Minnesota on policies and programs that will improve organic agriculture in 
17.10 	Minnesota, including how available resources can most effectively be used for outreach, 
17.11 	education, research, and technical assistance that meet the needs of the organic agriculture 
17.12 	community. The task force must consist of the following residents of the state:
17.13 	(1) three farmers using organic agriculture methods;
17.14 	(2) one wholesaler or distributor of organic products;
17.15 	(3) one representative of organic certification agencies;
17.16 	(4) two organic processors;
17.17 	(5) one representative from University of Minnesota Extension;
17.18 	(6) one University of Minnesota faculty member;
17.19 	(7) one representative from a nonprofit organization representing producers;
17.20 	(8) two public members;
17.21 	(9) one representative from the United States Department of Agriculture;
17.22 	(10) one retailer of organic products; and
17.23 	(11) one organic consumer representative.
17.24 	The commissioner, in consultation with the director of the Minnesota Agricultural 
17.25 	Experiment Station; the dean and director of University of Minnesota Extension; and the 
17.26 	dean of the College of Food, Agricultural and Natural Resource Sciences shall appoint 
17.27 	members to serve staggered two-year terms.
17.28 	Compensation and removal of members are governed by section 15.059, subdivision 
17.29 	6. The task force must meet at least twice each year and expires on June 30, 2013.
17.30 	(d) For the purposes of expanding, improving, and developing production and 
17.31 	marketing of the organic products of Minnesota agriculture, the commissioner may 
17.32 	receive funds from state and federal sources and spend them, including through grants or 
17.33 	contracts, to assist producers and processors to achieve certification, to conduct education 
17.34 	or marketing activities, to enter into research and development partnerships, or to address 
17.35 	production or marketing obstacles to the growth and well-being of the industry.
18.1 	(e) The commissioner may facilitate the registration of state organic production 
18.2 	and handling operations including those exempt from organic certification according to 
18.3 	Code of Federal Regulations, title 7, section 205.101, and certification agents operating 
18.4 	within the state.

18.5 	Sec. 34. [32C.01] ORGANIZATION.
18.6 		Subdivision 1.Establishment. The Dairy Research, Teaching, and Consumer 
18.7 	Education Authority is established as a public corporation. The business of the authority 
18.8 	must be conducted under the name "Dairy Research, Teaching, and Consumer Education 
18.9 	Authority."
18.10 		Subd. 2.Board of directors. The authority is governed by a board of nine directors. 
18.11 	The term of a director, except as otherwise provided in this subdivision, is four years. 
18.12 	The commissioner of agriculture is a member of the board. The governor shall appoint 
18.13 	four members of the board. Two of the members appointed by the governor must be 
18.14 	currently engaged in the business of operating a dairy. Two of the members appointed 
18.15 	by the governor must be representatives of Minnesota-based businesses actively engaged 
18.16 	in working with or serving Minnesota's dairy industry. The dean of the University of 
18.17 	Minnesota College of Food, Agriculture and Natural Resource Sciences, or the dean's 
18.18 	designee, is a member of the board. One member of the board must be a representative of 
18.19 	a state trade association that represents the interests of milk producers. One member of the 
18.20 	board must be a representative of the Minnesota Division of the Midwest Dairy Council. 
18.21 	One member of the board must be a member of the agricultural education faculty of the 
18.22 	Minnesota State Colleges and Universities System. The four members of the initial board 
18.23 	of directors who are appointed by the governor must be appointed for terms of four years, 
18.24 	and the other four members must be appointed for an initial term of two years. Vacancies 
18.25 	for the governor's appointed positions on the board must be filled by appointment of 
18.26 	the governor. Vacancies for other positions on the board must be filled by the named 
18.27 	represented entities. Board members must not be compensated for their services.
18.28 		Subd. 3.Bylaws. The board must adopt bylaws necessary for the conduct of the 
18.29 	business of the authority, consistent with this chapter.
18.30 		Subd. 4.Place of business. The board must locate and maintain the authority's 
18.31 	place of business within the state.
18.32 		Subd. 5.Chair. The board must annually elect from among its members a chair and 
18.33 	other officers necessary for the performance of its duties.
19.1 		Subd. 6.Meetings. The board must meet at least four times each year and may hold 
19.2 	additional meetings upon giving notice in accordance with the bylaws of the authority. 
19.3 	Board meetings are subject to chapter 13D.
19.4 		Subd. 7.Conflict of interest. A director, employee, or officer of the authority may 
19.5 	not participate in or vote on a decision of the board relating to an organization in which 
19.6 	the director has either a direct or indirect financial interest.
19.7 		Subd. 8.Economic interest statements. Directors and officers of the authority are 
19.8 	public officials for the purpose of section 10A.09, and must file statements of economic 
19.9 	interest with the Campaign Finance and Public Disclosure Board.

19.10 	Sec. 35. [32C.02] POWERS.
19.11 		Subdivision 1.General corporate powers. (a) The authority has the powers granted 
19.12 	to a business corporation by section 302A.161, subdivisions 3; 4; 5; 7; 8; 9; 11; 12; 13, 
19.13 	except that the authority may not act as a general partner in any partnership; 14; 15; 16; 17; 
19.14 	18; and 22, and the powers necessary or convenient to exercise the enumerated powers.
19.15 	(b) Section 302A.041 applies to this chapter and the authority in the same manner 
19.16 	that it applies to business corporations established under chapter 302A.
19.17 		Subd. 2.Facility design; development and operation. The authority may enter into 
19.18 	management contracts, lease agreements, or both, with a Minnesota nonprofit corporation 
19.19 	to design, develop, and operate a facility to further the purposes of this chapter at the site 
19.20 	determined by the board and on the terms that the board finds desirable. The board must 
19.21 	identify and acquire a site that will accommodate the following facilities and activities:
19.22 	(1) housing for bred and lactating animals;
19.23 	(2) milking parlor;
19.24 	(3) automatic milking systems;
19.25 	(4) cross-ventilated and natural-ventilated housing;
19.26 	(5) transition cow housing;
19.27 	(6) special needs and hospital housing;
19.28 	(7) classrooms and a conference room;
19.29 	(8) dairy processing facility with retail;
19.30 	(9) visitors' center;
19.31 	(10) student housing;
19.32 	(11) laboratory facilities;
19.33 	(12) space to accommodate installation of an anaerobic digester system to research 
19.34 	energy production from feedstock produced on-site or from off-site sources; and
19.35 	(13) space for feed storage to allow for research capabilities at the facility.
20.1 	Notwithstanding the provisions of section 32C.01, subdivision 7, relating to conflict 
20.2 	of interest, a director or officer of the authority who is also a director, officer, or member 
20.3 	of a nonprofit corporation with which the authority enters into management contracts or 
20.4 	lease agreements may participate in and vote on the decision of the board as to the terms 
20.5 	and conditions of management contracts or lease agreements between the Minnesota 
20.6 	nonprofit corporation and the authority.
20.7 		Subd. 3.Funds. The authority may accept and use gifts, grants, or contributions 
20.8 	from any source to support operation of the facility. Unless otherwise restricted by the 
20.9 	terms of a gift or bequest, the board may sell, exchange, or otherwise dispose of, and 
20.10 	invest or reinvest the money, securities, or other property given or bequeathed to it. The 
20.11 	principal of these funds, the income from them, and all other revenues received by the 
20.12 	authority from any nonstate source must be placed in depositories chosen by the board 
20.13 	and are subject to expenditure for the board's purposes. Expenditures of $25,000 or more 
20.14 	must be approved by the full board.
20.15 		Subd. 4.Animals; regulation. The authority must comply with all applicable 
20.16 	laws and rules relating to quarantine, transportation, examination, habitation, care, and 
20.17 	treatment of animals.

20.18 	Sec. 36. [32C.03] EMPLOYEES.
20.19 	(a) The board may hire an executive director of the authority and other employees 
20.20 	the board considers necessary to carry out the program, conduct research, and operate and 
20.21 	maintain facilities of the authority.
20.22 	(b) Persons employed by contractors or lessees are not state employees and may 
20.23 	not participate in state retirement, deferred compensation, insurance, or other plans that 
20.24 	apply to state employees generally and are not subject to regulation by the Campaign 
20.25 	Finance and Public Disclosure Board, provided, however, that any employee of the state 
20.26 	or any employee or faculty member of the University of Minnesota or Minnesota State 
20.27 	Colleges and Universities System who teaches or conducts research at the authority does 
20.28 	not have their status as employees of the state, the University of Minnesota, or Minnesota 
20.29 	State Colleges and Universities System interrupted by virtue of having their employment 
20.30 	activity take place at facilities owned by the authority.

20.31 	Sec. 37. [32C.04] ACCOUNTS; AUDITS.
20.32 	The authority may establish funds and accounts that it determines to be reasonable 
20.33 	and necessary to conduct the business of the authority. The board shall provide for and 
21.1 	pay the cost of an independent annual audit of its official books and records by the state 
21.2 	auditor. A copy of this audit must be filed with the secretary of state.

21.3 	Sec. 38. [32C.05] ANNUAL REPORT.
21.4 	The board shall submit a report to the chairs and ranking minority members of 
21.5 	the senate and house of representatives agriculture committees and the governor on the 
21.6 	activities of the authority and its contractors and lessees by February 1 of each year. The 
21.7 	report must include at least the following:
21.8 	(1) a description of each of the programs that the authority has provided or 
21.9 	undertaken at some time during the previous year;
21.10 	(2) an identification of the sources of funding in the previous year for the authority's 
21.11 	programs including federal, state, and local government, foundations, gifts, donations, 
21.12 	fees, and all other sources;
21.13 	(3) a description of the administrative expenses of the authority during the previous 
21.14 	year;
21.15 	(4) a listing of the assets and liabilities of the authority at the end of the previous 
21.16 	fiscal year;
21.17 	(5) a description of any changes made to the operational plan during the previous 
21.18 	year; and
21.19 	(6) a description of any newly adopted or significant changes to bylaws, policies, 
21.20 	rules, or programs created or administered by the authority during the previous year.
21.21 	Reports must be made to the legislature as required by section 3.195.

21.22 	Sec. 39. [32C.06] EXPIRATION.
21.23 	If by August 1, 2017, the authority board has not identified and acquired a site for a 
21.24 	facility, as provided in section 32C.02, subdivision 2, sections 32C.01 to 32C.05 and this 
21.25 	section are repealed on that date. The Department of Agriculture shall notify the revisor of 
21.26 	statutes if the repealer under this section becomes effective.

21.27 	Sec. 40. Minnesota Statutes 2010, section 35.0661, subdivision 2, is amended to read:
21.28 		Subd. 2.Quarantine zones. Upon an emergency declaration by the governor 
21.29 	under subdivision 1, the board or any licensed veterinarian designated by the board may 
21.30 	establish quarantine zones of control in any area where a specific animal is deemed by a 
21.31 	licensed veterinarian as likely to be infected with the disease based on an actual veterinary 
21.32 	examination or laboratory testing. Quarantine zones of control to restrict the movement of 
21.33 	livestock must be the smallest size practicable to prevent the spread of disease and must 
22.1 	exist for the shortest duration consistent with effective disease control. A quarantine zone 
22.2 	of control must not extend beyond a radius of three miles from an animal deemed as likely 
22.3 	to be infected with the disease, unless the board has adopted a rule regarding a specific 
22.4 	disease requiring a larger quarantine zone of control.

22.5 	Sec. 41. Minnesota Statutes 2010, section 35.0661, subdivision 3, is amended to read:
22.6 		Subd. 3.Restrictions on movement out of quarantine zones. (a) The board may 
22.7 	issue orders restricting the movement of persons, livestock, machinery, and personal 
22.8 	property out of zones off infected premises designated by the board as quarantined under 
22.9 	subdivision 2. The executive director of the board or any licensed veterinarian designated 
22.10 	by the board may issue the orders. An order may be issued upon a determination that 
22.11 	reasonable cause exists to believe that the movement of persons or personal property out 
22.12 	of a quarantine zone will reasonably threaten to transport a dangerous, infectious, or 
22.13 	communicable disease outside of the quarantine zone.
22.14 	(b) The order must be served upon any person subject to the order. The restrictions 
22.15 	sought by the board on movement out of a quarantine zone must be limited to the greatest 
22.16 	extent possible consistent with the paramount disease control objectives as determined by 
22.17 	the board. An order under this section may be served on any day at any time. The order 
22.18 	must include a notice of the person's rights under this section, including the ability to enter 
22.19 	into an agreement to abide by disease control measures under paragraph (c) and the right 
22.20 	to request a court hearing under paragraph (d).
22.21 	(c) No person may be restricted by an order under this subdivision for longer than 72 
22.22 	hours, exclusive of Saturdays, Sundays, and legal holidays, so long as the person agrees to 
22.23 	abide by the disease control measures established by the board. The person shall sign an 
22.24 	acknowledgment form prepared by the board evidencing the person's agreement to abide 
22.25 	by the disease control measures established by the board.
22.26 	(d) A person whose movements are restricted by an order under this subdivision may 
22.27 	seek a district court hearing on the order at any time after it is served on the person. The 
22.28 	hearing may be held by electronic means as soon as possible. The subject of the order may:
22.29 	(1) contest imposition of the order on grounds that it is an abuse of the board's 
22.30 	discretion under this section; or
22.31 	(2) seek a variance from it to allow movement of a person inconsistent with the 
22.32 	order, upon a showing that the person would otherwise suffer irreparable harm.

22.33 	Sec. 42. Minnesota Statutes 2010, section 40A.17, is amended to read:
22.34 	40A.17 REPORT.
23.1 	The commissioner shall report to the legislature on January March 1 of each 
23.2 	even-numbered year on activities under this chapter. By July 1, 1985, the report must 
23.3 	include the survey of public awareness in the awareness program. The report shall include 
23.4 	recommendations for funding levels and other necessary legislative action.

23.5 	Sec. 43. Minnesota Statutes 2010, section 41A.12, subdivision 2, is amended to read:
23.6 		Subd. 2.Activities authorized. For the purposes of this program, the commissioner 
23.7 	may issue grants, loans, or other forms of financial assistance. Eligible activities include, 
23.8 	but are not limited to, grants to livestock producers under the livestock investment grant 
23.9 	program under section 17.118, bioenergy awards made by the NextGen Energy Board 
23.10 	under section 41A.105, cost-share grants for the installation of biofuel blender pumps, and 
23.11 	financial assistance to support other rural economic infrastructure activities.

23.12 	Sec. 44. Minnesota Statutes 2010, section 41A.12, subdivision 4, is amended to read:
23.13 		Subd. 4.Sunset. This section expires on June 30, 2013 2015.

23.14 	Sec. 45. Minnesota Statutes 2010, section 41B.036, is amended to read:
23.15 	41B.036 GENERAL POWERS OF THE AUTHORITY.
23.16 	For the purpose of exercising the specific powers granted in section 41B.04 and 
23.17 	effectuating the other purposes of sections 41B.01 to 41B.23 the authority has the general 
23.18 	powers granted in this section.
23.19 	(a) It may sue and be sued.
23.20 	(b) It may have a seal and alter the seal.
23.21 	(c) It may make, and from time to time, amend and repeal rules consistent with 
23.22 	sections 41B.01 to 41B.23.
23.23 	(d) It may acquire, hold, and dispose of real or personal property for its corporate 
23.24 	purposes.
23.25 	(e) It may enter into agreements, contracts, or other transactions with any federal or 
23.26 	state agency, any person and any domestic or foreign partnership, corporation, association, 
23.27 	or organization, including contracts or agreements for administration and implementation 
23.28 	of all or part of sections 41B.01 to 41B.23.
23.29 	(f) It may acquire real property, or an interest therein, in its own name, by purchase 
23.30 	or foreclosure, where such acquisition is necessary or appropriate.
23.31 	(g) It may provide general technical services related to rural finance.
23.32 	(h) It may provide general consultative assistance services related to rural finance.
23.33 	(i) It may promote research and development in matters related to rural finance.
24.1 	(j) It may enter into agreements with lenders, borrowers, or the issuers of securities 
24.2 	for the purpose of regulating the development and management of farms financed in whole 
24.3 	or in part by the proceeds of qualified agricultural loans.
24.4 	(k) It may enter into agreements with other appropriate federal, state, or local 
24.5 	governmental units to foster rural finance. It may give advance reservations of loan 
24.6 	financing as part of the agreements, with the understanding that the authority will only 
24.7 	approve the loans pursuant to normal procedures, and may adopt special procedures 
24.8 	designed to meet problems inherent in such programs.
24.9 	(l) It may undertake and carry out studies and analyses of rural financing needs 
24.10 	within the state and ways of meeting such needs including: data with respect to 
24.11 	geographical distribution; farm size; the distribution of farm credit needs according to 
24.12 	debt ratios and similar factors; the amount and quality of available financing and its 
24.13 	distribution according to factors affecting rural financing needs and the meeting thereof; 
24.14 	and may make the results of such studies and analyses available to the public and may 
24.15 	engage in research and disseminate information on rural finance.
24.16 	(m) It may survey and investigate the rural financing needs throughout the state and 
24.17 	make recommendations to the governor and the legislature as to legislation and other 
24.18 	measures necessary or advisable to alleviate any existing shortage in the state.
24.19 	(n) It may establish cooperative relationships with such county and multicounty 
24.20 	authorities as may be established and may develop priorities for the utilization of authority 
24.21 	resources and assistance within a region in cooperation with county and multicounty 
24.22 	authorities.
24.23 	(o) It may contract with, use, or employ any federal, state, regional, or local public 
24.24 	or private agency or organization, legal counsel, financial advisors, investment bankers or 
24.25 	others, upon terms it deems necessary or desirable, to assist in the exercise of any of the 
24.26 	powers granted in sections 41B.01 to 41B.23 and to carry out the objectives of sections 
24.27 	41B.01 to 41B.23 and may pay for the services from authority funds.
24.28 	(p) It may establish cooperative relationships with counties to develop priorities for 
24.29 	the use of authority resources and assistance within counties and to consider county plans 
24.30 	and programs in the process of setting the priorities.
24.31 	(q) It may delegate any of its powers to its officers or staff.
24.32 	(r) It may enter into agreements with qualified agricultural lenders or others insuring 
24.33 	or guaranteeing to the state the payment of all or a portion of qualified agricultural loans.
24.34 	(s) It may enter into agreements with eligible agricultural lenders providing for 
24.35 	advance reservations of purchases of participation interests in restructuring loans, if 
24.36 	the agreements provide that the authority may only purchase participation interests 
25.1 	in restructuring loans under the normal procedure. The authority may provide in an 
25.2 	agreement for special procedures or requirements designed to meet specific conditions or 
25.3 	requirements.
25.4 	(t) It may allow farmers who are natural persons to combine programs of the federal 
25.5 	Agriculture Credit Act of 1987 with programs of the Rural Finance Authority.
25.6 	(u) From within available funds generated by program fees, it may provide partial 
25.7 	or full tuition assistance for farm management programs required under section 41B.03, 
25.8 	subdivision 3, clause (7).
25.9 	(v) It may accept for and on behalf of the state any gift, bequest, devise, grant, or 
25.10 	interest in money or personal property of any kind tendered to the state for any purpose 
25.11 	pertaining to the activities of the authority.

25.12 	Sec. 46. Minnesota Statutes 2010, section 41B.048, subdivision 6, is amended to read:
25.13 		Subd. 6.Loans. (a) The authority may disburse loans through a fiscal agent to 
25.14 	farmers and agricultural landowners who are eligible under subdivision 5. The total 
25.15 	accumulative loan principal must not exceed $75,000 per loan.
25.16 	(b) The fiscal agent may impose a loan origination fee in the amount of one percent 
25.17 	of the total approved loan. This fee is to be paid by the borrower to the fiscal agent at 
25.18 	the time of loan closing.
25.19 	(c) The loan may be disbursed over a period not to exceed 12 years.
25.20 	(d) A borrower may receive loans, depending on the availability of funds, for planted 
25.21 	areas up to 160 acres for up to:
25.22 	(1) the total amount necessary for establishment of the crop;
25.23 	(2) the total amount of maintenance costs, including weed control, during the first 
25.24 	three years; and
25.25 	(3) 70 percent of the estimated value of one year's growth of the crop for years 
25.26 	four through 12.
25.27 	(e) Security for the loan must be the crop, a personal note executed by the borrower, 
25.28 	an interest in the land upon which the crop is growing, and whatever other security is 
25.29 	required by the fiscal agent or the authority. All recording fees must be paid by the 
25.30 	borrower.
25.31 	(f) The authority may prescribe forms and establish an application process for 
25.32 	applicants to apply for a loan.
25.33 	(g) The authority may impose a reasonable, nonrefundable application fee for each 
25.34 	application for a loan under this program. The application fee is initially $50. Application 
26.1 	fees received by the authority must be deposited in the agroforestry loan program revolving 
26.2 	fund established in subdivision 7 revolving loan account established under section 41B.06.
26.3 	(h) Loans under the program must be made using money in the agroforestry loan 
26.4 	program revolving fund established in subdivision 7 revolving loan account established 
26.5 	under section 41B.06.
26.6 	(i) All repayments of financial assistance granted under this section, including 
26.7 	principal and interest, must be deposited into the revolving loan account established 
26.8 	under section 41B.06.
26.9 	(i) (j) The interest payable on loans made by the authority for the agroforestry 
26.10 	loan program must, if funded by revenue bond proceeds, be at a rate not less than the 
26.11 	rate on the revenue bonds, and may be established at a higher rate necessary to pay 
26.12 	costs associated with the issuance of the revenue bonds and a proportionate share of the 
26.13 	cost of administering the program. The interest payable on loans for the agroforestry 
26.14 	loan program funded from sources other than revenue bond proceeds must be at a rate 
26.15 	determined by the authority.
26.16 	(j) (k) Loan principal balance outstanding plus all assessed interest must be repaid 
26.17 	within 120 days of harvest, but no later than 15 years from planting.

26.18 	Sec. 47. Minnesota Statutes 2010, section 41B.055, subdivision 1, is amended to read:
26.19 		Subdivision 1.Establishment. The authority must establish and implement a 
26.20 	livestock equipment pilot loan program to help finance the purchase of livestock-related 
26.21 	equipment and make livestock facilities improvements.

26.22 	Sec. 48. [41B.056] PILOT AGRICULTURAL MICROLOAN PROGRAM.
26.23 		Subdivision 1.Establishment. The authority shall establish and implement a pilot 
26.24 	agricultural microloan program to help finance the production of specialty crops or 
26.25 	eligible livestock. The authority may contract with an intermediary to provide an efficient 
26.26 	delivery system for this program.
26.27 		Subd. 2.Definitions. (a) The definitions in this subdivision apply to this section.
26.28 	(b) "Intermediary" means any lending institution or other organization of a for-profit 
26.29 	or nonprofit nature that is in good standing with the state of Minnesota that has the 
26.30 	appropriate business structure and trained personnel suitable to providing efficient 
26.31 	disbursement of loan funds and the servicing and collection of loans.
26.32 	(c) "Specialty crops" means agricultural crops, such as annuals, flowers, perennials, 
26.33 	and other horticultural products, that are intensively cultivated.
27.1 	(d) "Eligible livestock" means poultry that has been allowed access to the outside, 
27.2 	sheep, or goats.
27.3 		Subd. 3.Eligibility. To be eligible for this program a borrower must:
27.4 	(1) be a legal resident of Minnesota;
27.5 	(2) either:
27.6 	(i) be a member of a protected group as defined in section 43A.02, subdivision 33; or
27.7 	(ii) be a qualified noncitizen as defined in section 256B.06, subdivision 4, paragraph 
27.8 	(b);
27.9 	(3) be or plan to become a grower of specialty crops or eligible livestock;
27.10 	(4) market or contract to market the specialty crops or eligible livestock; and
27.11 	(5) demonstrate an ability to repay the loan.
27.12 		Subd. 4.Loans. (a) The authority may disburse loans through an intermediary 
27.13 	to farmers who are eligible under subdivision 3. The total accumulative loan principal 
27.14 	must not exceed $10,000 per loan.
27.15 	(b) Refinancing an existing debt is not an eligible purpose.
27.16 	(c) The loan may be disbursed over a period not to exceed six years.
27.17 	(d) A borrower may receive loans, depending on the availability of funds, up to 70 
27.18 	percent of the estimated value of the crop or livestock.
27.19 	(e) Security for the loan must be a personal note executed by the borrower and any 
27.20 	other security required by the intermediary or the authority.
27.21 	(f) The authority may prescribe forms and establish an application process for 
27.22 	applicants to apply for a loan.
27.23 	(g) The interest payable on loans for the pilot agricultural microloan program must 
27.24 	be at a rate determined by the authority.
27.25 	(h) Loans under this program will be made using money in the revolving loan 
27.26 	account established under section 41B.06.
27.27 	(i) Repayments of financial assistance under this section, including principal and 
27.28 	interest, must be deposited into the revolving loan account established under section 
27.29 	41B.06.

27.30 	Sec. 49. Minnesota Statutes 2010, section 41B.06, is amended to read:
27.31 	41B.06 RURAL FINANCE AUTHORITY REVOLVING LOAN ACCOUNT.
27.32 	There is established in the rural finance administration fund a Rural Finance 
27.33 	Authority revolving loan account that is eligible to receive appropriations and the transfer 
27.34 	of loan funds from other programs. All repayments of financial assistance granted from 
27.35 	this account, including principal and interest, must be deposited into this account. Interest 
28.1 	earned on money in the account accrues to the account, and the money in the account 
28.2 	is appropriated to the commissioner of agriculture for purposes of the Rural Finance 
28.3 	Authority livestock equipment, methane digester, disaster recovery, and value-added 
28.4 	agricultural product, agroforestry, and agricultural microloan loan programs, including 
28.5 	costs incurred by the authority to establish and administer the programs.

28.6 	Sec. 50. Minnesota Statutes 2010, section 48.24, subdivision 5, is amended to read:
28.7 		Subd. 5.Treatment of secured or guaranteed loans. Loans or obligations shall not 
28.8 	be subject under this section to any limitation based upon such capital and surplus to the 
28.9 	extent that they are secured or covered by guarantees, or by commitments or agreements 
28.10 	to take over or to purchase the same, made by:
28.11 	(1) the commissioner of agriculture on the purchase of agricultural land Minnesota 
28.12 	Department of Agriculture;
28.13 	(2) any Federal Reserve bank;
28.14 	(3) the United States or any department, bureau, board, commission, or establishment 
28.15 	of the United States, including any corporation wholly owned directly or indirectly by 
28.16 	the United States;
28.17 	(4) the Minnesota Employment and Economic Development Department; or
28.18 	(5) a municipality or political subdivision within Minnesota to the extent that the 
28.19 	guarantee or collateral is a valid and enforceable general obligation of that political body.

28.20 	Sec. 51. Minnesota Statutes 2010, section 223.16, subdivision 12, is amended to read:
28.21 		Subd. 12.Public grain warehouse operator. "Public grain warehouse operator" 
28.22 	means a person operating a grain warehouse in which grain belonging to persons other 
28.23 	than the grain warehouse operator is accepted for storage or purchase or who offers grain 
28.24 	storage or warehouse facilities to the public for hire or a feed-processing plant that 
28.25 	receives and stores grain, the equivalent of which it processes and returns to the grain's 
28.26 	owner in amounts, at intervals, and with added ingredients that are mutually agreeable to 
28.27 	the grain's owner and the person operating the plant.

28.28 	Sec. 52. Minnesota Statutes 2010, section 223.17, subdivision 1, is amended to read:
28.29 		Subdivision 1.Licenses. An application for a grain buyer's license must be filed 
28.30 	with the commissioner and the license issued before any grain may be purchased. The 
28.31 	commissioner must provide application forms and licenses that state the restrictions and 
28.32 	authority to purchase and store grain under the license being applied for and issued. The 
28.33 	categories of grain buyers' licenses are:
29.1 	(a) private grain warehouse operator's license;
29.2 	(b) public grain warehouse operator's license; and
29.3 	(c) independent grain buyer's license.
29.4 	The applicant for a grain buyer's license shall identify all grain buying locations 
29.5 	owned or controlled by the grain buyer and all vehicles owned or controlled by the grain 
29.6 	buyer used to transport purchased grain. Every applicant for a grain buyer's license shall 
29.7 	have a permanent established place of business at each licensed location. An "established 
29.8 	place of business" means a permanent enclosed building, including a house or a farm, 
29.9 	either owned by the applicant or leased by the applicant for a period of at least one year, 
29.10 	and where the books, records, and files necessary to conduct the business are kept and 
29.11 	maintained. The commissioner may maintain information on grain buyers by categories 
29.12 	including, but not limited to, the categories provided in clauses (a) to (c) and grain buyers 
29.13 	that are licensed to purchase grain using trucks but that do not have a public or private 
29.14 	warehouse license.

29.15 	Sec. 53. Minnesota Statutes 2010, section 223.17, subdivision 4, is amended to read:
29.16 		Subd. 4.Bond. (a) Before a grain buyer's license is issued, the applicant for 
29.17 	the license must file with the commissioner a bond in a penal sum prescribed by the 
29.18 	commissioner but not less than the following amounts:
29.19 	(a) (1) $10,000 for grain buyers whose gross annual purchases are $100,000 or less;
29.20 	(b) (2) $20,000 for grain buyers whose gross annual purchases are more than 
29.21 	$100,000 but not more than $750,000;
29.22 	(c) (3) $30,000 for grain buyers whose gross annual purchases are more than 
29.23 	$750,000 but not more than $1,500,000;
29.24 	(d) (4) $40,000 for grain buyers whose gross annual purchases are more than 
29.25 	$1,500,000 but not more than $3,000,000;
29.26 	(e) (5) $50,000 for grain buyers whose gross annual purchases are more than 
29.27 	$3,000,000 but not more than $6,000,000;
29.28 	(f) (6) $70,000 for grain buyers whose gross annual purchases are more than 
29.29 	$6,000,000 but not more than $12,000,000;
29.30 	(g) (7) $125,000 for grain buyers whose gross annual purchases are more than 
29.31 	$12,000,000 but not more than $24,000,000; and
29.32 	(h) (8) $150,000 for grain buyers whose gross annual purchases exceed $24,000,000.
29.33 	(b) A grain buyer who has filed a bond with the commissioner prior to July 1, 2004, 
29.34 	is not required to increase the amount of the bond to comply with this section until July 1, 
29.35 	2005. The commissioner may postpone an increase in the amount of the bond until July 1, 
30.1 	2006, if a licensee demonstrates that the increase will impose undue financial hardship on 
30.2 	the licensee, and that producers will not be harmed as a result of the postponement. The 
30.3 	commissioner may impose other restrictions on a licensee whose bond increase has been 
30.4 	postponed. The amount of the bond shall be based on the most recent financial statement
30.5 	gross annual grain purchase report of the grain buyer filed under subdivision 6.
30.6 	(c) A first-time applicant for a grain buyer's license shall file a $50,000 bond with the 
30.7 	commissioner. This bond shall remain in effect for the first year of the license. Thereafter, 
30.8 	the licensee shall comply with the applicable bonding requirements contained in clauses 
30.9 	(a) to (h) paragraph (a), clauses (1) to (8).
30.10 	(d) In lieu of the bond required by this subdivision the applicant may deposit with 
30.11 	the commissioner of management and budget cash, a certified check, a cashier's check, 
30.12 	a postal, bank, or express money order, assignable bonds or notes of the United States, 
30.13 	or an assignment of a bank savings account or investment certificate or an irrevocable 
30.14 	bank letter of credit as defined in section 336.5-102, in the same amount as would be 
30.15 	required for a bond.
30.16 	(e) Bonds must be continuous until canceled. To cancel a bond, a surety must provide 
30.17 	90 days' written notice of the bond's termination date to the licensee and the commissioner.

30.18 	Sec. 54. Minnesota Statutes 2010, section 223.17, subdivision 6, is amended to read:
30.19 		Subd. 6.Financial statements. For the purpose of fixing or changing the amount of 
30.20 	a required bond or for any other proper reason,(a) The commissioner shall may require an 
30.21 	annual financial statement from a licensee which has been prepared in accordance with 
30.22 	generally accepted accounting principles and which meets the following requirements:
30.23 	(a) (1) The financial statement shall include, but not be limited to the following: (1)
30.24 	(i) a balance sheet; (2)
30.25 	(ii)  a statement of income (profit and loss); (3)
30.26 	(iii)  a statement of retained earnings; (4)
30.27 	(iv)  a statement of changes in financial position; and (5)
30.28 	(v)  a statement of the dollar amount of grain purchased in the previous fiscal year 
30.29 	of the grain buyer.
30.30 	(b) (2) The financial statement shall be accompanied by a compilation report of the 
30.31 	financial statement that is prepared by a grain commission firm or a management firm 
30.32 	approved by the commissioner or by an independent public accountant, in accordance with 
30.33 	standards established by the American Institute of Certified Public Accountants. Grain 
30.34 	buyers purchasing less than 150,000 bushels of grain per calendar year may submit a 
31.1 	financial statement prepared by a public accountant who is not an employee or a relative 
31.2 	within the third degree of kindred according to civil law.
31.3 	(c) (3) The financial statement shall be accompanied by a certification by the chief 
31.4 	executive officer or the chief executive officer's designee of the licensee, under penalty 
31.5 	of perjury, that the financial statement accurately reflects the financial condition of the 
31.6 	licensee for the period specified in the statement.
31.7 	(b) Only one financial statement must be filed for a chain of warehouses owned 
31.8 	or operated as a single business entity, unless otherwise required by the commissioner. 
31.9 	Any grain buyer having a net worth in excess of $500,000,000 need not file the financial 
31.10 	statement required by this subdivision but must provide the commissioner with a certified 
31.11 	net worth statement. All financial statements filed with the commissioner are private or 
31.12 	nonpublic data as provided in section 13.02.

31.13 	Sec. 55. Minnesota Statutes 2010, section 223.17, subdivision 9, is amended to read:
31.14 		Subd. 9.Defaults; violations. It is a violation under this chapter if the commissioner 
31.15 	finds, after an investigation is conducted, that a complaint is valid or that a licensee is in 
31.16 	violation of the provisions of this chapter, the commissioner may immediately suspend 
31.17 	the license, in which case the licensee shall surrender the license to the commissioner. 
31.18 	Within 15 days, the licensee may request an administrative hearing subject to chapter 14 
31.19 	to determine whether the license should be revoked. If no request is made within 15 days, 
31.20 	the commissioner shall revoke the license.

31.21 	Sec. 56. Minnesota Statutes 2010, section 232.21, subdivision 2, is amended to read:
31.22 		Subd. 2.Bond. "Bond" means an acceptable obligation, running to the state as 
31.23 	obligee, for the purpose of indemnifying depositors and producers of grain against breach 
31.24 	of contract by a public grain warehouse or grain bank operator.

31.25 	Sec. 57. Minnesota Statutes 2010, section 232.21, subdivision 6, is amended to read:
31.26 		Subd. 6.Depositor. "Depositor" means a person who is the owner or legal holder of 
31.27 	an outstanding grain warehouse receipt, grain bank receipt or open scale ticket marked 
31.28 	for storage on which a receipt is to be issued, representing any grain stored in a public 
31.29 	grain warehouse or grain bank.

31.30 	Sec. 58. Minnesota Statutes 2010, section 232.21, subdivision 12, is amended to read:
31.31 		Subd. 12.Public grain warehouse operator. "Public grain warehouse operator" 
31.32 	means a person licensed to operate a grain warehouse in which grain belonging to persons 
32.1 	other than the grain warehouse operator is accepted for storage or purchase, or who offers 
32.2 	grain storage or grain warehouse facilities to the public for hire or a feed-processing 
32.3 	plant that receives and stores grain, the equivalent of which, it processes and returns to 
32.4 	the grain's owner in amounts, at intervals, and with added ingredients that are mutually 
32.5 	agreeable to the grain's owner and the person operating the plant.

32.6 	Sec. 59. Minnesota Statutes 2010, section 232.22, subdivision 3, is amended to read:
32.7 		Subd. 3.Fees; grain buyers and storage account. There is created in the 
32.8 	agricultural fund an account known as the grain buyers and storage account. The 
32.9 	commissioner shall set the fees for inspections examinations, certifications, and licenses 
32.10 	under sections 232.20 to 232.25 232.24 at levels necessary to pay the costs of administering 
32.11 	and enforcing sections 232.20 to 232.25 232.24. All money collected pursuant to sections 
32.12 	232.20 to 232.25 and chapters 233 and 236 232.24 shall be paid by the commissioner into 
32.13 	the state treasury and credited to the grain buyers and storage account and is appropriated 
32.14 	to the commissioner for the administration and enforcement of sections 232.20 to 232.25
32.15 	and chapters 233 and 236 232.24. All money collected pursuant to chapter 231 shall be 
32.16 	paid by the commissioner into the grain buyers and storage account and is appropriated to 
32.17 	the commissioner for the administration and enforcement of chapter 231.
32.18 	The fees for a license to store grain are as follows:
32.19 	(a) For a license to store grain, $110 for each home rule charter or statutory city or 
32.20 	town in which a public grain warehouse is operated.
32.21 	(b) A person with a license to store grain in a public grain warehouse is subject to 
32.22 	an examination fee for each licensed location, based on the following schedule for one 
32.23 	examination:

32.24
32.25		Bushel Capacity
	Examination 
Fee
		
32.26		Less than 150,001
	$
	300
		
32.27		150,001 to 250,000
	$
	425
		
32.28		250,001 to 500,000
	$
	545
		
32.29		500,001 to 750,000
	$
	700
		
32.30		750,001 to 1,000,000
	$
	865
		
32.31		1,000,001 to 1,200,000
	$
	1,040
		
32.32		1,200,001 to 1,500,000
	$
	1,205
		
32.33		1,500,001 to 2,000,000
	$
	1,380
		
32.34		More than 2,000,000
	$
	1,555
		
32.35 	(c) The fee for the second examination is $55 per hour per examiner for warehouse 
32.36 	operators who choose to have it performed by the commissioner.
33.1 	(d) A penalty amount not to exceed ten percent of the fees due may be imposed by 
33.2 	the commissioner for each month for which the fees are delinquent.

33.3 	Sec. 60. Minnesota Statutes 2010, section 232.22, subdivision 4, is amended to read:
33.4 		Subd. 4.Bonding. (a) Before a license is issued, the applicant for a public grain 
33.5 	warehouse operator's license shall file with the commissioner a bond in a penal sum 
33.6 	prescribed by the commissioner. The penal sum on a condition one bond shall be 
33.7 	established by rule by the commissioner pursuant to the requirements of chapter 14 for 
33.8 	all grain outstanding on grain warehouse receipts. The penal sum on a condition two 
33.9 	bond shall not be less than $10,000 for each location up to a maximum of five locations.
33.10 	based on the annual average storage liability as stated on the statement of grain in storage 
33.11 	report or on the gross annual grain purchase report, whichever is greater, and applying 
33.12 	the following amounts:
33.13 	(1) $10,000 for storages with annual average storage liability of more than $0 but 
33.14 	not more than $25,000;
33.15 	(2) $20,000 for storages with annual average storage liability of more than $25,001 
33.16 	but not more than $50,000;
33.17 	(3) $30,000 for storages with annual average storage liability of more than $50,001 
33.18 	but not more than $75,000;
33.19 	(4) $50,000 for storages with annual average storage liability of more than $75,001 
33.20 	but not more than $100,000;
33.21 	(5) $75,000 for storages with annual average storage liability of more than $100,001 
33.22 	but not more than $200,000;
33.23 	(6) $125,000 for storages with annual average storage liability of more than 
33.24 	$200,001 but not more than $300,000;
33.25 	(7) $175,000 for storages with annual average storage liability of more than 
33.26 	$300,001 but not more than $400,000;
33.27 	(8) $225,000 for storages with annual average storage liability of more than 
33.28 	$400,001 but not more than $500,000;
33.29 	(9) $275,000 for storages with annual average storage liability of more than 
33.30 	$500,001 but not more than $600,000;
33.31 	(10) $325,000 for storages with annual average storage liability of more than 
33.32 	$600,001 but not more than $700,000;
33.33 	(11) $375,000 for storages with annual average storage liability of more than 
33.34 	$700,001 but not more than $800,000;
34.1 	(12) $425,000 for storages with annual average storage liability of more than 
34.2 	$800,001 but not more than $900,000;
34.3 	(13) $475,000 for storages with annual average storage liability of more than 
34.4 	$900,001 but not more than $1,000,000; and
34.5 	(14) $500,000 for storages with annual average storage liability of more than 
34.6 	$1,000,000.
34.7 	(b) Bonds must be continuous until canceled. To cancel a bond, a surety must provide 
34.8 	90 days' written notice of the bond's termination date to the licensee and the commissioner.

34.9 	Sec. 61. Minnesota Statutes 2010, section 232.22, subdivision 5, is amended to read:
34.10 		Subd. 5.Statement of grain in storage; reports. (a) All public grain warehouse 
34.11 	operators must by the tenth day of each month February 15 of each year file with the 
34.12 	commissioner on forms a form approved by the commissioner a report showing the net
34.13 	annual average liability of all grain outstanding on grain warehouse receipts as of the close 
34.14 	of business on the last day of that occurred during the preceding month calendar year. 
34.15 	This report shall be used for the purpose of establishing the penal sum of the bond.
34.16 	(b) Warehouse operators that are at a maximum bond and want to continue at 
34.17 	maximum bond do not need to file this report.
34.18 	(b) If (c) It is a violation of this chapter for any public grain warehouse operator 
34.19 	willfully neglects or refuses to fail to file the report required in clause paragraph (a) for 
34.20 	two consecutive months, the commissioner may immediately suspend the person's license 
34.21 	and the licensee must surrender the license to the commissioner. Within 15 days the 
34.22 	licensee may request an administrative hearing subject to chapter 14 to determine if the 
34.23 	license should be revoked. If no request is made within 15 days the commissioner shall 
34.24 	revoke the license.
34.25 	(c) (d) Every public grain warehouse operator shall keep in a place of safety complete 
34.26 	and accurate records and accounts relating to any grain warehouse operated. The records 
34.27 	shall reflect each commodity received and shipped daily, the balance remaining in the 
34.28 	grain warehouse at the close of each business day, a listing of all unissued grain warehouse 
34.29 	receipts in the operator's possession, a record of all grain warehouse receipts issued which 
34.30 	remain outstanding and a record of all grain warehouse receipts which have been returned 
34.31 	for cancellation. Copies of grain warehouse receipts or other documents evidencing 
34.32 	ownership of grain by a depositor, or other liability of the grain warehouse operator, shall 
34.33 	be retained as long as the liability exists but must be kept for a minimum of three years.
35.1 	(d) (e) Every public grain warehouse operator must maintain in the grain warehouse 
35.2 	at all times grain of proper grade and sufficient quantity to meet delivery obligations on 
35.3 	all outstanding grain warehouse receipts.

35.4 	Sec. 62. Minnesota Statutes 2010, section 232.22, subdivision 7, is amended to read:
35.5 		Subd. 7.Bond disbursement. (a) The condition one bond of a public grain 
35.6 	warehouse operator must be conditioned that the public grain warehouse operator issuing 
35.7 	a grain warehouse receipt is liable to the depositor for the delivery of the kind, grade and 
35.8 	net quantity of grain called for by the receipt.
35.9 	(b) The condition two bond shall provide for payment of loss caused by the grain 
35.10 	buyer's failure to pay, upon the owner's demand, the purchase price of grain sold to the 
35.11 	grain buyer. The bond shall be conditioned upon the grain buyer being duly licensed as 
35.12 	provided herein. The bond shall not cover any transaction which constitutes a voluntary 
35.13 	extension of credit.
35.14 	(c) (b) Upon notification of default, the commissioner shall determine the validity 
35.15 	of all claims and notify all parties having filed claims. Any aggrieved party may appeal 
35.16 	the commissioner's determination by requesting, within 15 days, that the commissioner 
35.17 	initiate a contested case proceeding. In the absence of such a request, or following the 
35.18 	issuance of a final order in a contested case, the surety company shall issue payment to 
35.19 	those claimants entitled to payment. If the commissioner determines it is necessary, the 
35.20 	commissioner may apply to the district court for an order appointing a trustee or receiver 
35.21 	to manage and supervise the operations of the grain warehouse operator in default. The 
35.22 	commissioner may participate in any resulting court proceeding as an interested party.
35.23 	(d) (c) For the purpose of determining the amount of bond disbursement against all 
35.24 	valid claims under a condition one bond, all grain owned or stored in the public grain 
35.25 	warehouse shall be sold and the combined proceeds deposited in a special fund. Payment 
35.26 	shall be made from the special fund satisfying the valid claims of grain warehouse receipt 
35.27 	holders.
35.28 	(e) (d) If a public grain warehouse operator has become liable to more than one 
35.29 	depositor or producer by reason of breaches of the conditions of the bond and the 
35.30 	amount of the bond is insufficient to pay, beyond the proceeds of the special fund, the 
35.31 	entire liability to all valid claimants, the proceeds of the bond and special fund shall be 
35.32 	apportioned among the valid claimants on a pro rata basis.
35.33 	(f) (e) A bond is not cumulative from one licensing period to the next. The maximum 
35.34 	liability of the bond shall be its face value for the licensing period.

36.1 	Sec. 63. Minnesota Statutes 2010, section 232.23, subdivision 2, is amended to read:
36.2 		Subd. 2.Scale tickets. A public or private grain warehouse operator, upon 
36.3 	receiving grain, shall issue a scale ticket for each load of grain received. Scale tickets shall 
36.4 	contain the name, location and the date of each transaction, weight, volume, kind of 
36.5 	grain, signature of warehouse operator, and be consecutively numbered. Electronic scale 
36.6 	tickets do not require a signature. A duplicate copy of each scale ticket shall remain in the 
36.7 	possession of the public or private grain warehouse operator as a permanent record. The 
36.8 	original scale ticket shall be delivered to the depositor upon receipt of each load of grain. 
36.9 	Each scale ticket shall have printed across its face "This is a memorandum, nonnegotiable, 
36.10 	possession of which does not signify that settlement has or has not been consummated." 
36.11 	The scale ticket shall state specifically whether the grain is received on contract, for 
36.12 	storage, for shipment or consignment or sold. If the grain is received on contract or sold, 
36.13 	the price shall be indicated on the scale ticket. All paper scale tickets shall be dated and 
36.14 	signed by the public or private grain warehouse operator or the operator's agent or manager.

36.15 	Sec. 64. Minnesota Statutes 2010, section 232.23, subdivision 5, is amended to read:
36.16 		Subd. 5.Void agreements; penalty. A provision or agreement in a grain warehouse 
36.17 	receipt not contained in subdivision 4 is void. The failure to issue a grain warehouse 
36.18 	receipt, as directed, or the issuance of slips, memoranda or other forms of receipt 
36.19 	embracing a different grain warehouse or storage contract is a misdemeanor, and no 
36.20 	slip, memorandum or other form of receipt is admissible as evidence in any civil action. 
36.21 	Nothing in sections 232.20 to 232.25 232.24 requires or compels any person operating a 
36.22 	flour, cereal or feed mill or malthouse doing a manufacturing business, to receive, store or 
36.23 	purchase at the mill or malthouse any kind of grain.

36.24 	Sec. 65. Minnesota Statutes 2010, section 232.23, subdivision 10, is amended to read:
36.25 		Subd. 10.Delivery of grain. (a) On the redemption of a grain warehouse receipt 
36.26 	and payment of all lawful charges, the grain represented by the receipt is immediately 
36.27 	deliverable to the depositor or the depositor's order, and is not subject to any further charge 
36.28 	for storage after demand for delivery has been made and proper facilities for receiving and 
36.29 	shipping the grain have been provided. If delivery has not commenced within 48 hours 
36.30 	after demand has been made and proper facilities have been provided, the public grain 
36.31 	warehouse operator issuing the grain warehouse receipt is liable to the owner in damages 
36.32 	not exceeding two cents per bushel for each day's delay, unless the public grain warehouse 
36.33 	operator makes delivery to different owners in the order demanded as rapidly as it can be 
36.34 	done through ordinary diligence, or unless insolvency has occurred.
37.1 	(b) If a disagreement arises between the person receiving and the person delivering 
37.2 	the grain at a public grain warehouse in this state as to the proper grade or dockage of any 
37.3 	grain, an average sample of at least three quarts of the grain in dispute may be taken by 
37.4 	either or both of the persons interested. The sample shall be certified by both the owner 
37.5 	and the public grain warehouse operator as being true samples of the grain in dispute on 
37.6 	the delivery day. The samples shall be forwarded in a suitable airtight container by parcel 
37.7 	post or express, prepaid, with the name and address of both parties, to the head of the a 
37.8 	United States Department of Agriculture authorized grain inspection program of the 
37.9 	Department of Agriculture, who shall, upon request, examine the grain, and determine 
37.10 	what grade or dockage the samples of grain are entitled to under the inspection rules. 
37.11 	Before the results of the inspection are released to the person requesting the inspection, 
37.12 	the person shall pay the required fee. The fee shall be the same as that required for similar 
37.13 	services rendered by the grain inspection program.

37.14 	Sec. 66. Minnesota Statutes 2010, section 232.24, subdivision 1, is amended to read:
37.15 		Subdivision 1.Schedule of inspection examination. A licensee under sections 
37.16 	232.20 to 232.25 is subject to two audits examinations annually conducted by the 
37.17 	commissioner or the agricultural marketing service of the United States Department of 
37.18 	Agriculture. The commissioner may, by rule, authorize one audit examination to be 
37.19 	conducted by a qualified nongovernmental unit.

37.20 	Sec. 67. Minnesota Statutes 2010, section 232.24, subdivision 2, is amended to read:
37.21 		Subd. 2.Financial reports. A licensee under sections 232.20 to 232.25upon request 
37.22 	must provide to the commissioner a copy of the financial reports of an audit conducted by 
37.23 	a qualified nongovernmental unit containing information the commissioner requires.

37.24 	Sec. 68. Minnesota Statutes 2010, section 239.092, is amended to read:
37.25 	239.092 SALE FROM BULK.
37.26 	(a) Bulk sales of commodities, when the buyer and seller are not both present to 
37.27 	witness the measurement, must be accompanied by a delivery ticket containing the 
37.28 	following information:
37.29 	(1) the name and address of the person who weighed or measured the commodity;
37.30 	(2) the date delivered;
37.31 	(3) the quantity delivered;
37.32 	(4) the count of individually wrapped packages delivered, if more than one is 
37.33 	included in the quantity delivered;
38.1 	(5) the quantity on which the price is based, if different than the quantity delivered; 
38.2 	and
38.3 	(6) the identity of the commodity in the most descriptive terms commercially 
38.4 	practicable, including representations of quality made in connection with the sale.
38.5 	(b) This section is not intended to conflict with the bulk sale requirements of the 
38.6 	Department of Agriculture. If a conflict occurs, the law and rules of the Department of 
38.7 	Agriculture govern.
38.8 	(c) Firewood sold or distributed across state boundaries or more than 100 miles 
38.9 	from its originin this state must include delivery ticket information regarding the harvest 
38.10 	locations of the wood by county or counties and state.
38.11 	(d) Paragraph (c) may be enforced using the authority granted in this chapter or 
38.12 	section 18J.05 or 84D.13.

38.13 	Sec. 69. Minnesota Statutes 2010, section 239.093, is amended to read:
38.14 	239.093 INFORMATION REQUIRED WITH PACKAGE.
38.15 	(a) A package offered, exposed, or held for sale must bear a clear and conspicuous 
38.16 	declaration of:
38.17 	(1) the identity of the commodity in the package, unless the commodity can be easily 
38.18 	identified through the wrapper or container;
38.19 	(2) the net quantity in terms of weight, measure, or count;
38.20 	(3) the name and address of the manufacturer, packer, or distributor, if the packages 
38.21 	were not produced on the premises where they are offered, exposed, or held for sale; and
38.22 	(4) the unit price, if the packages are part of a lot containing random weight 
38.23 	packages of the same commodity.
38.24 	(b) This section is not intended to conflict with the packaging requirements of the 
38.25 	Department of Agriculture. If a conflict occurs, the laws and rules of the Department of 
38.26 	Agriculture govern.
38.27 	(c) Firewood sold or distributed across state boundaries or more than 100 miles from 
38.28 	its originin this state must include information regarding the harvest locations of the wood 
38.29 	by county or counties and state on each label or wrapper.
38.30 	(d) Paragraph (c) may be enforced using the authority granted in this chapter or 
38.31 	section 18J.05 or 84D.13.

38.32 	Sec. 70. Minnesota Statutes 2010, section 239.77, subdivision 3, is amended to read:
38.33 		Subd. 3.Exceptions. (a) The minimum content requirements of subdivision 2 do 
38.34 	not apply to fuel used in the following equipment:
39.1 	(1) motors located at an electric generating plant regulated by the Nuclear 
39.2 	Regulatory Commission;
39.3 	(2) railroad locomotives;
39.4 	(3) off-road taconite and copper mining equipment and machinery;
39.5 	(4) off-road logging equipment and machinery; and
39.6 	(5) until May 1, 2010, vehicles and equipment used exclusively on an aircraft 
39.7 	landing field vessels of the United States Coast Guard and vessels subject to inspection 
39.8 	under United States Code, title 46, section 3301, subsection (1), (9), (10), (13), or (15).
39.9 	(b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear 
39.10 	Regulatory Commission has approved the use of biodiesel fuel in motors at electric 
39.11 	generating plants under its regulation.
39.12 	(c) The minimum content requirements of subdivision 2 do not apply to Number 1 
39.13 	diesel fuel sold or offered for sale during the months of October, November, December, 
39.14 	January, February, and March.
39.15 	(d) This subdivision expires on May 1, 2012 2015.

39.16 	EFFECTIVE DATE. This section is effective the day following final enactment.

39.17 	Sec. 71. Minnesota Statutes 2010, section 239.77, subdivision 5, is amended to read:
39.18 		Subd. 5.Annual report. (a) Beginning in 2009, the commissioner of agriculture 
39.19 	must report by January 15 of each year to the chairs and ranking minority members of 
39.20 	the legislative committees and divisions with jurisdiction over agriculture policy and 
39.21 	finance regarding the implementation of the minimum content requirements in subdivision 
39.22 	2, including information about the price and supply of biodiesel fuel. The report shall 
39.23 	include information about the impacts of the biodiesel mandate on the development of 
39.24 	biodiesel production capacity in the state, and on the use of feedstock grown or raised in 
39.25 	the state for biodiesel production. The report must include any written comments received 
39.26 	from members of the biodiesel fuel task force by January 1 of that year designated by 
39.27 	them for inclusion in the report.
39.28 	(b) The commissioner of agriculture, in consultation with the commissioner 
39.29 	of commerce and the Biodiesel Fuel Task Force, shall study the need to continue 
39.30 	the exceptions in subdivision 3. The 2013 report under paragraph (a) shall include 
39.31 	recommendations for studies and other research needs to make a determination on the 
39.32 	need for the exceptions, including any recommendations for use of the agricultural growth, 
39.33 	research, and innovation program funding to conduct the research. The 2014 report under 
39.34 	paragraph (a) shall contain the commissioner of agriculture's recommendations on whether 
39.35 	to continue any of the exceptions in subdivision 3.

40.1 	Sec. 72. Minnesota Statutes 2010, section 239.791, subdivision 1a, is amended to read:
40.2 		Subd. 1a.Minimum ethanol content required. (a) Except as provided in 
40.3 	subdivisions 10 to 14, on August 30, 2013 2015, and thereafter, a person responsible for 
40.4 	the product shall ensure that all gasoline sold or offered for sale in Minnesota must contain 
40.5 	at least the quantity of ethanol required by clause (1) or (2), whichever is greater:
40.6 	(1) 20 percent denatured ethanol by volume; or
40.7 	(2) the maximum percent of denatured ethanol by volume authorized in a waiver 
40.8 	granted by the United States Environmental Protection Agency.
40.9 	(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a), 
40.10 	clause (1), a gasoline/ethanol blend will be construed to be in compliance if the ethanol 
40.11 	content, exclusive of denaturants and other permitted components, comprises not less than 
40.12 	18.4 percent by volume and not more than 20 percent by volume of the blend as determined 
40.13 	by an appropriate United States Environmental Protection Agency or American Society of 
40.14 	Testing Materials standard method of analysis of alcohol content in motor fuels.
40.15 	(c) This subdivision expires on December 31, 2012 2014, if by that date:
40.16 	(1) the commissioner of agriculture certifies and publishes the certification in 
40.17 	the State Register that at least 20 percent of the volume of gasoline sold in the state 
40.18 	is denatured ethanol; or
40.19 	(2) federal approval has not been granted under paragraph (a), clause (1). The 
40.20 	United States Environmental Protection Agency's failure to act on an application shall not 
40.21 	be deemed approval under paragraph (a), clause (1), or a waiver under section 211(f)(4) of 
40.22 	the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).

40.23 	Sec. 73. [346.47] SEIZED ANIMALS.
40.24 		Subdivision 1.Definitions. As used in this section:
40.25 	(1) "establishment" means any public or private agency, person, society, or 
40.26 	corporation having custody of animals that are seized under the authority of the state or 
40.27 	any political subdivision of the state; and
40.28 	(2) "regular business day" means a day during which the establishment having 
40.29 	custody of an animal is open to the public not less than four consecutive hours between 
40.30 	the hours of 8:00 a.m. and 7:00 p.m.
40.31 		Subd. 2.Impoundment; record keeping. All animals seized by public authority 
40.32 	must be held in an establishment for redemption by the owner for at least five regular 
40.33 	business days of the establishment or for a longer time specified by municipal ordinance. 
40.34 	Establishments must maintain the following records of the animals in custody, and 
40.35 	preserve the records for at least six months:
41.1 	(1) the description of the animal by species, breed, sex, approximate age, and other 
41.2 	distinguishing traits;
41.3 	(2) the location at which the animal was seized;
41.4 	(3) the date of seizure;
41.5 	(4) the name and address of the person from whom any animal three months of age 
41.6 	or over was received; and
41.7 	(5) the name and address of the person to whom any animal three months of age 
41.8 	or over was transferred.
41.9 	The records must be maintained in a form permitting easy perusal by the public. 
41.10 	A person may view the records and animals in custody at any time during which the 
41.11 	establishment is open to the public.
41.12 		Subd. 3.Release of animals. A person must not release an animal seized and held 
41.13 	under this section for research or product testing, either directly or through an animal 
41.14 	dealer. This subdivision does not apply to the temporary transfer of an animal to a college 
41.15 	of veterinary medicine or veterinary technology school accredited by the American 
41.16 	Veterinary Medicine Association for the purpose of sterilization or needed veterinary care.

41.17 	Sec. 74. Minnesota Statutes 2010, section 347.54, subdivision 2, is amended to read:
41.18 		Subd. 2.Reclaimed. A dangerous dog seized under subdivision 1 may be reclaimed 
41.19 	by the owner of the dog upon payment of impounding and boarding fees, and presenting 
41.20 	proof to the appropriate animal control authority that the requirements of sections 347.51
41.21 	and 347.52 will be met. A dog not reclaimed under this subdivision within seven days 
41.22 	may be disposed of as provided under section 35.71, subdivision 3 in a manner permitted 
41.23 	by law, and the owner is liable to the animal control authority for costs incurred in 
41.24 	confining and disposing of the dog.

41.25 	Sec. 75. Minnesota Statutes 2010, section 347.54, subdivision 3, is amended to read:
41.26 		Subd. 3.Subsequent offenses; seizure. If a person has been convicted of a 
41.27 	misdemeanor for violating a provision of section 347.51, 347.515, or 347.52, and the 
41.28 	person is charged with a subsequent violation relating to the same dog, the dog must be 
41.29 	seized by the animal control authority having jurisdiction. If the owner is convicted of the 
41.30 	crime for which the dog was seized, the court shall order that the dog be destroyed in a 
41.31 	proper and humane manner and the owner pay the cost of confining and destroying the 
41.32 	animal. If the owner is not convicted and the dog is not reclaimed by the owner within 
41.33 	seven days after the owner has been notified that the dog may be reclaimed, the dog may be 
41.34 	disposed of as provided under section 35.71, subdivision 3 in a manner permitted by law.

42.1 	Sec. 76. Laws 2008, chapter 296, article 1, section 25, the effective date, as amended 
42.2 	by Laws 2010, chapter 333, article 1, section 33, is amended to read:

42.3 	EFFECTIVE DATE. This section is effective June 1, 2012 2017.

42.4 	EFFECTIVE DATE. This section is effective the day following final enactment.

42.5 	Sec. 77. Laws 2010, Second Special Session chapter 1, article 1, section 11, is 
42.6 	amended to read:

42.7	Sec. 11. AGRICULTURE
 			$
	4,000,000
	
42.8 	To the commissioner of agriculture:
42.9 	(1) $3,800,000 is for the purposes specified 
42.10 	in Minnesota Statutes, section 12A.04; and
42.11 	(2) notwithstanding section 2, subdivision 1, 
42.12 	$200,000 is for the purpose of mental health 
42.13 	counseling to assist agricultural producers 
42.14 	and their families located in any rural disaster 
42.15 	area declared by the Federal Emergency 
42.16 	Management Agency or the United States 
42.17 	Department of Agriculture.
42.18 	This appropriation is from the general fund.

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

42.21 	Sec. 78. Laws 2011, chapter 14, section 6, is amended by adding an effective date to 
42.22 	read:

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

42.24 	Sec. 79. STEELE COUNTY; CIP BONDING AUTHORITY.
 42.25 	(a) The governing body of Steele County may, by resolution, include in its capital 
42.26 	improvement plan under Minnesota Statutes, section 373.40, buildings to be acquired, 
42.27 	constructed, and improved at its fairgrounds for use by its agricultural society.
42.28 	(b) The buildings authorized by paragraph (a) constitute "capital improvements" 
42.29 	for all purposes of Minnesota Statutes, section 373.40, if the principal amount of bonds 
42.30 	issued to finance the buildings do not exceed $650,000.

43.1 	EFFECTIVE DATE. This section is effective the day after the governing body 
43.2 	of Steele County and its chief clerical officer timely complete their compliance with 
43.3 	Minnesota Statutes, section 645.021, subdivisions 2 and 3.

43.4 	Sec. 80. WADENA COUNTY; CIP BONDING AUTHORITY.
 43.5 	(a) The governing body of Wadena County may, by resolution, include in its capital 
43.6 	improvement plan under Minnesota Statutes, section 373.40, buildings to be acquired, 
43.7 	constructed, and improved at its fairgrounds for use by its agricultural society.
43.8 	(b) The buildings authorized by paragraph (a) constitute "capital improvements" 
43.9 	for all purposes of Minnesota Statutes, section 373.40, if the principal amount of bonds 
43.10 	issued to finance the buildings do not exceed $1,000,000.

43.11 	EFFECTIVE DATE. This section is effective the day after the governing body 
43.12 	of Wadena County and its chief clerical officer timely complete their compliance with 
43.13 	Minnesota Statutes, section 645.021, subdivisions 2 and 3.

43.14 	Sec. 81. NEXT GENERATION BIOFUEL BLENDS.
 43.15 	The NextGen Energy Board, established in Minnesota Statutes, section 41A.105, 
43.16 	shall include in its February 2013 report to the legislature an analysis of next generation 
43.17 	biofuels that can be blended with gasoline or other energy sources. The report shall 
43.18 	analyze research on next generation biofuel blends and information on federal approvals 
43.19 	needed and the status of the federal approval for next generation biofuel blends, and make 
43.20 	policy recommendations for updating Minnesota's biofuels mandates to reflect current 
43.21 	industry practices. The commissioner of agriculture shall convene an advisory group to 
43.22 	advise and assist the NextGen Energy Board in the analysis and report. Members of the 
43.23 	group may include representatives of the next generation biofuels industry, the ethanol 
43.24 	industry, persons with biofuels engineering or other biofuels expertise, suppliers of 
43.25 	biofuels feedstocks or inputs, and other persons with applicable knowledge or expertise as 
43.26 	designated by the commissioner.

43.27 	Sec. 82. BALANCE TRANSFER.
 43.28 	The balance in the agroforestry loan program revolving fund established under 
43.29 	Minnesota Statutes, section 41B.048, is transferred to the revolving loan account 
43.30 	established under Minnesota Statutes, section 41B.06, and the agroforestry loan program 
43.31 	revolving fund is abolished.

43.32 	Sec. 83.  REPEALER.
 44.1 	(a) Minnesota Statutes 2010, sections 17B.01; 17B.02; 17B.03; 17B.04; 17B.041; 
44.2 	17B.0451; 17B.048; 17B.05; 17B.06; 17B.07; 17B.10; 17B.11; 17B.12; 17B.13; 17B.14; 
44.3 	17B.15, subdivisions 1 and 3; 17B.16; 17B.17; 17B.18; 17B.20; 17B.22, subdivisions 1 
44.4 	and 2; 17B.28; 17B.29; 25.33, subdivision 18; 27.19, subdivisions 2 and 3; 27.20; 35.243; 
44.5 	35.255; 35.71, subdivisions 1, 2, 3, 4, 5, 6, and 7; 35.72, subdivisions 1, 2, 3, 4, and 5; 
44.6 	41B.048, subdivision 7; 223.16, subdivision 7; 223.18; 232.21, subdivision 4; 232.24, 
44.7 	subdivision 3; 232.25; 233.01; 233.015; 233.017; 233.02; 233.03; 233.04; 233.05; 233.06; 
44.8 	233.07; 233.08; 233.09; 233.10; 233.11; 233.12; 233.22; 233.23; 233.24; 233.33; 234.01; 
44.9 	234.03; 234.04; 234.05; 234.06; 234.08; 234.09; 234.10; 234.11; 234.12; 234.13; 234.14; 
44.10 	234.15; 234.16; 234.17; 234.18; 234.19; 234.20; 234.21; 234.22; 234.23; 234.24; 234.25; 
44.11 	234.27; 235.01; 235.02; 235.04; 235.05; 235.06; 235.07; 235.08; 235.09; 235.10; 235.13; 
44.12 	235.18; 236.01; 236.02; 236.03; 236.04; 236.05; 236.06; 236.07; 236.08; 236.09; 395.14; 
44.13 	395.15; 395.16; 395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23; and 395.24, are 
44.14 	repealed.
44.15 	(b) Minnesota Rules, parts 1505.0780; 1505.0810; 1511.0100; 1511.0110; 
44.16 	1511.0120; 1511.0130; 1511.0140; 1511.0150; 1511.0160; 1511.0170; 1562.0100, 
44.17 	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; 
44.18 	1562.0200; 1562.0400; 1562.0700; 1562.0900; 1562.1300; and 1562.1800, are repealed.

44.19 	ARTICLE 2
44.20 	FOOD LAW ENFORCEMENT

44.21 	Section 1. Minnesota Statutes 2010, section 17.982, subdivision 1, is amended to read:
44.22 		Subdivision 1.Criminal penalties. A person who violates a provision of chapter 
44.23 	25, 28A, 29, 31, 31A, or 31B, or 34 for which a penalty has not been prescribed is guilty 
44.24 	of a misdemeanor.

44.25 	Sec. 2. Minnesota Statutes 2010, section 17.983, is amended to read:
44.26 	17.983 ADMINISTRATIVE PENALTIES AND ENFORCEMENT.
44.27 		Subdivision 1.Administrative penalties; citation. If a person has violated a 
44.28 	provision of chapter 25, 28A, 29, 31, 31A, 31B, or 32, or 34, the commissioner may issue 
44.29 	a written citation to the person by personal service or by certified mail. The citation must 
44.30 	describe the nature of the violation and the statute or rule alleged to have been violated; 
44.31 	state the time for correction, if applicable; and the amount of any proposed fine. The 
44.32 	citation must advise the person to notify the commissioner in writing within 30 days if the 
45.1 	person wishes to appeal the citation. If the person fails to appeal the citation, the citation 
45.2 	is the final order and not subject to further review.
45.3 		Subd. 3.Contested case. If a person appeals a citation or a penalty assessment 
45.4 	within the time limits in subdivision 1, the commissioner shall initiate a contested 
45.5 	proceeding under chapter 14. The report of the administrative law judge is the final 
45.6 	decision of the commissioner of agriculture.

45.7 	Sec. 3. Minnesota Statutes 2010, section 17.984, subdivision 1, is amended to read:
45.8 		Subdivision 1.Authority. To carry out the commissioner's enforcement duties 
45.9 	under chapter 29, 31, 31A, 32, or 34, the commissioner may, upon presenting appropriate 
45.10 	credentials, during regular working hours and at other reasonable times, inspect premises 
45.11 	subject to the commissioner's enforcement and licensing authority for reasons related to 
45.12 	the commissioner's enforcement and licensing authority; request information from persons 
45.13 	with information relevant to an inspection; and inspect relevant papers and records, 
45.14 	including business records. The commissioner may issue notices in lieu of citations for 
45.15 	minor violations if a notice is in the public interest.

45.16 	Sec. 4. Minnesota Statutes 2010, section 28A.03, subdivision 3, is amended to read:
45.17 		Subd. 3.Person. "Person" means any individual, firm, corporation, company, 
45.18 	association, cooperative, or partnership and includes any trustee, receiver, assignee, or 
45.19 	other similar representative thereof has the meaning given in section 34A.01, subdivision 
45.20 	10.

45.21 	Sec. 5. Minnesota Statutes 2010, section 28A.03, subdivision 5, is amended to read:
45.22 		Subd. 5.Food. "Food," includes every article used for, entering into the 
45.23 	consumption of, or used or intended for use in the preparation of food, drink, confectionery, 
45.24 	or condiment for humans, whether simple, mixed or compound. "nonperishable food," 
45.25 	"frozen food," "perishable food," and "readily perishable food" have the meanings given 
45.26 	in section 34A.01.
45.27 	(a) "Perishable food" is food which includes, but is not limited to fresh fruits, fresh 
45.28 	vegetables, and other products which need protection from extremes of temperatures in 
45.29 	order to avoid decomposition by microbial growth or otherwise.
45.30 	(b) "Readily perishable food" is food or a food ingredient consisting in whole or 
45.31 	in part of milk, milk products, eggs, meat, fish, poultry or other food or food ingredient 
45.32 	which is capable of supporting rapid and progressive growth of infectious or toxigenic 
45.33 	microorganisms.
46.1 	(c) "Frozen food" is food which is processed and preserved by freezing in accordance 
46.2 	with good commercial practices and which is intended to be sold in the frozen state.
46.3 	(d) For the purposes of this definition, packaged food in hermetically sealed 
46.4 	containers processed by heat to prevent spoilage; packaged pickles; jellies, jams and 
46.5 	condiments in sealed containers; bakery products such as bread, rolls, buns, donuts, 
46.6 	fruit-filled pies and pastries; dehydrated packaged food; and dry or packaged food so low in 
46.7 	moisture content as to preclude development of microorganisms are not "perishable food," 
46.8 	"readily perishable food," or "frozen food" within the meaning of paragraphs (a), (b), and 
46.9 	(c), when they are stored and handled in accordance with good commercial practices.
46.10 	(e) "Nonperishable food" is food described in paragraph (d) with a shelf life of 
46.11 	more than 90 days.

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

46.18 	Sec. 7. Minnesota Statutes 2010, section 28A.21, subdivision 6, is amended to read:
46.19 		Subd. 6.Expiration. Notwithstanding section 15.059, subdivision 5, this section 
46.20 	expires June 30, 2012 2017.

46.21 	Sec. 8. Minnesota Statutes 2010, section 31.01, subdivision 2, is amended to read:
46.22 		Subd. 2.Person. "Person" means any individual, firm, partnership, copartnership, 
46.23 	society, association, company, or corporation and includes any trustee, receiver, assignee 
46.24 	or other similar representative thereof has the meaning given in section 34A.01, 
46.25 	subdivision 10.

46.26 	Sec. 9. Minnesota Statutes 2010, section 31.01, subdivision 3, is amended to read:
46.27 		Subd. 3.Food. "Food" means articles used for food or drink for humans or other 
46.28 	animals, chewing gum, and articles used for components of any such article has the 
46.29 	meaning given in section 34A.01, subdivision 4.

46.30 	Sec. 10. Minnesota Statutes 2010, section 31.01, subdivision 4, is amended to read:
47.1 		Subd. 4.Sell and sale. "Sell" and "sale" shall be considered to include the 
47.2 	manufacture, production, processing, packing, exposure, offer, possession, and holding of 
47.3 	any such article for sale; and the sale, dispensing, and giving of any such article, and the 
47.4 	supplying or applying of any such article in the conduct of any food operation have the 
47.5 	meanings given in section 34A.01, subdivision 12.

47.6 	Sec. 11. Minnesota Statutes 2010, section 31.01, subdivision 21, is amended to read:
47.7 		Subd. 21.Label. "Label" means a display of written, printed, or graphic matter 
47.8 	upon the immediate container of any article, and includes a like display, if required by law 
47.9 	or rule, on the outside container or wrapper, if any there be, of the retail package of such 
47.10 	article has the meaning given in section 34A.01, subdivision 6.

47.11 	Sec. 12. Minnesota Statutes 2010, section 31.01, subdivision 25, is amended to read:
47.12 		Subd. 25.Labeling. "Labeling" means all labels and other written, printed, or 
47.13 	graphic matter upon an article or any of its containers or wrappers, or accompanying such 
47.14 	article has the meaning given in section 34A.01, subdivision 7.

47.15 	Sec. 13. Minnesota Statutes 2010, section 31.01, subdivision 28, is amended to read:
47.16 		Subd. 28.Pesticide chemical. "Pesticide chemical" means any substance which, 
47.17 	alone, in chemical combination, or in formulation with one or more other substances is an 
47.18 	"economic poison" within the meaning of chapter 24, or the Federal Insecticide, Fungicide 
47.19 	and Rodenticide Act (United States Code, title 7, sections 135-135k), as amended, and 
47.20 	which is used in the production, storage, or transportation of raw agricultural commodities
47.21 	has the meaning given in section 18B.01, subdivision 18.

47.22 	Sec. 14. Minnesota Statutes 2010, section 31.121, is amended to read:
47.23 	31.121 FOOD ADULTERATION.
47.24 	A food shall be deemed to be adulterated: if it is covered by section 34A.02.
47.25 	(a) If it bears or contains any poisonous or deleterious substance which may render it 
47.26 	injurious to health; but in case the substance is not an added substance such food shall 
47.27 	not be considered adulterated under this clause if the quantity of such substance in such 
47.28 	food does not ordinarily render it injurious to health; or
47.29 	(b) If it bears or contains any added poisonous or added deleterious substance, other 
47.30 	than one which is a pesticide chemical in or on a raw agricultural commodity; a food 
47.31 	additive; or a color additive, which is unsafe within the meaning of section 31.122; or
48.1 	(c) If it is a raw agricultural commodity and it bears or contains a pesticide chemical 
48.2 	which is unsafe within the meaning of section 31.122; or
48.3 	(d) If it is or it bears or contains any food additive which is unsafe within the 
48.4 	meaning of section 31.122; provided that where a pesticide chemical has been used in or 
48.5 	on a raw agricultural commodity in conformity with an exemption granted or tolerance 
48.6 	prescribed under section 31.122, and such raw agricultural commodity has been subjected 
48.7 	to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of 
48.8 	such pesticide chemical remaining in or on such processed food shall, notwithstanding 
48.9 	the provisions of section 31.122 and this clause, not be deemed unsafe if such residue in 
48.10 	or on the raw agricultural commodity has been removed to the extent possible in good 
48.11 	manufacturing practice, and the concentration of such residue in the processed food 
48.12 	when ready to eat is not greater than the tolerance prescribed for the raw agricultural 
48.13 	commodity; or
48.14 	(e) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or 
48.15 	decomposed substance, or if it is otherwise unfit for food; or
48.16 	(f) If it has been produced, prepared, packed, or held under insanitary conditions 
48.17 	whereby it may have become contaminated with filth, or whereby it may have been 
48.18 	rendered diseased, unwholesome, or injurious to health; or
48.19 	(g) If it is in whole or in part the product of a diseased animal or of an animal which 
48.20 	has died otherwise than by slaughter, or of an animal that has been fed upon the uncooked 
48.21 	offal from a slaughterhouse; or
48.22 	(h) If its container is composed in whole or in part of any poisonous or deleterious 
48.23 	substance which may render the contents injurious to health; or
48.24 	(i) If it has been intentionally subjected to radiation, unless the use of the radiation 
48.25 	was in conformity with a rule or exemption in effect pursuant to section 31.122 or section 
48.26 	409 of the federal act; or
48.27 	(j) If any valuable constituent has been in whole or in part omitted or abstracted 
48.28 	therefrom; or
48.29 	(k) If any substance has been substituted wholly or in part therefor; or
48.30 	(l) If damage or inferiority has been concealed in any manner; or
48.31 	(m) If any substance has been added thereto or mixed or packed therewith so as 
48.32 	to increase its bulk or weight, or reduce its quality or strength or make it appear better 
48.33 	or of greater value than it is; or
48.34 	(n) If it is confectionery, and (1) has partially or completely imbedded therein any 
48.35 	nonnutritive object; provided, that this clause shall not apply in the case of any nonnutritive 
48.36 	object if in the judgment of the commissioner, as provided by rules, such object is of 
49.1 	practical functional value to the confectionery product and would not render the product 
49.2 	injurious or hazardous to health; or (2) bears or contains any nonnutritive substance; 
49.3 	provided, that this clause shall not apply to (i) a confection containing alcohol as defined 
49.4 	in section 31.76, or (ii) a safe nonnutritive substance which is in or on confectionery by 
49.5 	reason of its use for some practical functional purpose in the manufacture, packaging, or 
49.6 	storing of such confectionery if the use of the substance does not promote deception of the 
49.7 	consumer or otherwise result in adulteration or misbranding in violation of any provision 
49.8 	of the Minnesota Food Law; and provided further, that the commissioner may, for the 
49.9 	purpose of avoiding or resolving uncertainty as to the application of this clause, issue rules 
49.10 	allowing or prohibiting the use of particular nonnutritive substances; or
49.11 	(o) If it is or bears or contains any color additive which is unsafe within the meaning 
49.12 	of section 31.122; or
49.13 	(p) If it is oleomargarine or margarine or butter and any of the raw material used 
49.14 	therein consisted in whole or in part of any filthy, putrid, or decomposed substance, or 
49.15 	such oleomargarine or margarine or butter is otherwise unfit for food.

49.16 	Sec. 15. Minnesota Statutes 2010, section 31.123, is amended to read:
49.17 	31.123 FOOD MISBRANDING.
49.18 	A food shall be deemed to be is misbranded: if it is covered by section 34A.03.
49.19 	(a) If its labeling is false or misleading in any particular, or if its labeling, whether on 
49.20 	the commodity itself, its container or its package, fails to conform with the requirements 
49.21 	of Laws 1974, chapter 84;
49.22 	(b) If it is offered for sale under the name of another food;
49.23 	(c) If it is an imitation of another food for which a definition and standard of identity 
49.24 	have been prescribed by rules as provided by sections 31.10 and 31.102; or if it is an 
49.25 	imitation of another food that is not subject to clause (g), unless in either case its label 
49.26 	bears in type of uniform size and prominence the word "imitation" and immediately 
49.27 	thereafter the name of the food imitated;
49.28 	(d) If its container is so made, formed, or filled as to be misleading;
49.29 	(e) If in package form, unless it bears a label containing (1) the name and place of 
49.30 	business of the manufacturer, packer, or distributor, and (2) an accurate statement of 
49.31 	the net quantity of the contents in terms of weight, measure, or numerical count, which 
49.32 	statement shall be separately and accurately stated in a uniform location upon the principal 
49.33 	display panel of the label; provided, that under this subclause reasonable variations shall 
49.34 	be permitted, and exemptions as to small packages shall be established by rules prescribed 
49.35 	by the commissioner;
50.1 	(f) If any word, statement, or other information required by or under authority of 
50.2 	the Minnesota Food Law to appear on the label or labeling is not prominently placed 
50.3 	thereon with such conspicuousness (as compared with other words, statements, designs, or 
50.4 	devices, in the labeling) and in such terms as to render it likely to be read and understood 
50.5 	by the ordinary individual under customary conditions of purchase and use;
50.6 	(g) If it purports to be or is represented as a food for which a definition and standard 
50.7 	of identity have been prescribed by rules as provided by sections 31.10 and 31.102, 
50.8 	unless (1) it conforms to such definition and standard, and (2) its label bears the name 
50.9 	of the food specified in the definition and standard, and, insofar as may be required by 
50.10 	such rules, the common names of optional ingredients (other than spices, flavoring, and 
50.11 	coloring) present in such food;
50.12 	(h) If it purports to be or is represented as (1) a food for which a standard of quality 
50.13 	has been prescribed by rules as provided by sections 31.10 and 31.102, and its quality falls 
50.14 	below such standard unless its label bears, in such manner and form as such rules specify, 
50.15 	a statement that it falls below such standard, or (2) a food for which a standard or standards 
50.16 	of fill of container have been prescribed by rule as provided by sections 31.10 and 31.102, 
50.17 	and it falls below the standard of fill of container applicable thereto unless its label bears, in 
50.18 	such manner and form as such rules specify, a statement that it falls below such standard;
50.19 	(i) If it is not subject to the provisions of clause (g), unless it bears labeling clearly 
50.20 	giving (1) the common or usual name of the food, if any there be, and (2) in case it 
50.21 	is fabricated from two or more ingredients, the common or usual name of each such 
50.22 	ingredient; except that spices, flavorings, and colorings, other than those sold as such, 
50.23 	may be designated as spices, flavorings, and colorings, without naming each; provided, 
50.24 	that to the extent that compliance with the requirements of this subclause is impractical 
50.25 	or results in deception or unfair competition, exemptions shall be established by rules 
50.26 	promulgated by the commissioner;
50.27 	(j) If it purports to be or is represented for special dietary uses, unless its label 
50.28 	bears such information concerning its vitamin, mineral, and other dietary properties as 
50.29 	the commissioner determines to be, and by rules prescribes as, necessary in order to fully 
50.30 	inform purchasers as to its value for such uses;
50.31 	(k) If it bears or contains any artificial flavoring, artificial coloring, or chemical 
50.32 	preservative, unless it bears labeling stating that fact; provided, that to the extent that 
50.33 	compliance with the requirements of this clause is impracticable, exemptions shall be 
50.34 	established by rules promulgated by the commissioner. The provisions of this clause and 
50.35 	clauses (g) and (i) with respect to artificial coloring do not apply to butter, cheese or ice 
51.1 	cream. The provisions with respect to chemical preservatives do not apply to a pesticide 
51.2 	chemical when used in or on a raw agricultural commodity which is the product of the soil;
51.3 	(l) If it is a raw agricultural commodity which is the product of the soil, bearing or 
51.4 	containing a pesticide chemical applied after harvest, unless the shipping container of such 
51.5 	commodity bears labeling which declares the presence of such chemical in or on such 
51.6 	commodity and the common or usual name and the function of such chemical; provided, 
51.7 	however, that no such declaration shall be required while such commodity, having been 
51.8 	removed from the shipping container, is being held or displayed for sale at retail out of 
51.9 	such container in accordance with the custom of the trade;
51.10 	(m) If it is a product intended as an ingredient of another food and when used 
51.11 	according to the directions of the purveyor will result in the final food product being 
51.12 	adulterated or misbranded;
51.13 	(n) If it is a color additive unless its packaging and labeling are in conformity with 
51.14 	such packaging and labeling requirements applicable to such color additive prescribed 
51.15 	under the provisions of the federal act.

51.16 	Sec. 16. Minnesota Statutes 2010, section 31A.02, subdivision 13, is amended to read:
51.17 		Subd. 13.Adulterated. "Adulterated" means a carcass, part of a carcass, meat, 
51.18 	poultry, poultry food product, or meat food product under one or more of the following 
51.19 	circumstances: an item is covered by section 34A.02.
51.20 	(a) if it bears or contains a poisonous or harmful substance which may render 
51.21 	it injurious to health; but if the substance is not an added substance, the article is not 
51.22 	adulterated if the quantity of the substance in or on the article does not ordinarily make it 
51.23 	injurious to health;
51.24 	(b) if it bears or contains, by administration of a substance to the live animal or 
51.25 	otherwise, an added poisonous or harmful substance, other than (1) a pesticide chemical in 
51.26 	or on a raw agricultural commodity; (2) a food additive; or (3) a color additive, which 
51.27 	may, in the judgment of the commissioner, make the article unfit for human food;
51.28 	(c) if it is, in whole or in part, a raw agricultural commodity that bears or contains a 
51.29 	pesticide chemical which is unsafe within the meaning of section 408 of the Federal 
51.30 	Food, Drug, and Cosmetic Act;
51.31 	(d) if it bears or contains a food additive which is unsafe within the meaning of 
51.32 	section 409 of the Federal Food, Drug, and Cosmetic Act;
51.33 	(e) if it bears or contains a color additive which is unsafe within the meaning of 
51.34 	section 706 of the Federal Food, Drug, and Cosmetic Act;
52.1 	(f) if it contains a filthy, putrid, or decomposed substance or is for any other reason 
52.2 	unfit for human food;
52.3 	(g) if it has been prepared, packed, or held under unsanitary conditions so that it may 
52.4 	be contaminated with filth or harmful to health;
52.5 	(h) if it is wholly or partly the product of an animal which has died otherwise than 
52.6 	by slaughter;
52.7 	(i) if its container is wholly or partly composed of a poisonous or harmful substance 
52.8 	which may make the contents harmful to health;
52.9 	(j) if it has been intentionally subjected to radiation, unless the use of the radiation 
52.10 	conformed with a regulation or exemption in effect under section 409 of the Federal 
52.11 	Food, Drug, and Cosmetic Act;
52.12 	(k) if a valuable constituent has been wholly or partly omitted or removed from it; 
52.13 	if a substance has been wholly or partly substituted for it; if damage or inferiority has 
52.14 	been concealed; or if a substance has been added to it or mixed or packed with it so as 
52.15 	to increase its bulk or weight, reduce its quality or strength, or make it appear better 
52.16 	or of greater value than it is; or
52.17 	(l) if it is margarine containing animal fat and any of the raw material used in it 
52.18 	wholly or partly consisted of a filthy, putrid, or decomposed substance.

52.19 	Sec. 17. Minnesota Statutes 2010, section 31A.02, subdivision 14, is amended to read:
52.20 		Subd. 14.Misbranded. "Misbranded" means a carcass, part of a carcass, meat, 
52.21 	poultry, poultry food product, or meat food product under one or more of the following 
52.22 	circumstances: an item is covered by section 34A.03.
52.23 	(a) if its labeling is false or misleading;
52.24 	(b) if it is offered for sale under the name of another food;
52.25 	(c) if it is an imitation of another food, unless its label bears, in type of uniform 
52.26 	size and prominence, the word "imitation" followed immediately by the name of the 
52.27 	food imitated;
52.28 	(d) if its container is made, formed, or filled so as to be misleading;
52.29 	(e) if its package or other container does not have a label showing (1) the name and 
52.30 	place of business of the manufacturer, packer, or distributor; and (2) an accurate statement 
52.31 	of the quantity of the contents in terms of weight, measure, or numerical count subject 
52.32 	to reasonable variations permitted and exemptions for small packages established in 
52.33 	rules of the commissioner;
52.34 	(f) if a word, statement, or other information required by or under authority of this 
52.35 	chapter to appear on the label or other labeling is not prominently and conspicuously 
53.1 	placed on the label or labeling in terms that make it likely to be read and understood by the 
53.2 	ordinary individual under customary conditions of purchase and use;
53.3 	(g) if it is represented as a food for which a definition and standard of identity or 
53.4 	composition has been prescribed by rules of the commissioner under section 31A.07, 
53.5 	unless (1) it conforms to the definition and standard, and (2) its label bears the name of the 
53.6 	food specified in the definition and standard and, if required by the rules, the common 
53.7 	names of optional ingredients, other than spices, flavoring, and coloring, present in the 
53.8 	food;
53.9 	(h) if it is represented as a food for which a standard of fill of container has been 
53.10 	prescribed by rules of the commissioner under section 31A.07, and it falls below the 
53.11 	applicable standard of fill of container, unless its label bears, in the manner and form the 
53.12 	rules specify, a statement that it falls below the standard;
53.13 	(i) if it is not subject to paragraph (g), unless its label bears (1) the usual name of 
53.14 	the food, if there is one, and (2) in case it is fabricated from two or more ingredients, 
53.15 	the common or usual name of each ingredient; except that spices, flavorings, and 
53.16 	colorings may, when authorized by the commissioner, be designated as spices, flavorings, 
53.17 	and colorings without naming each. To the extent that compliance with clause (2) is 
53.18 	impracticable, or results in deception or unfair competition, the commissioner shall 
53.19 	establish exemptions by rule;
53.20 	(j) if it purports to be or is represented for special dietary uses, unless its label bears 
53.21 	the information concerning its vitamin, mineral, and other dietary properties that the 
53.22 	commissioner, after consultation with the Secretary of Agriculture of the United States, 
53.23 	determines by rule to be necessary to inform purchasers of its value for special dietary uses;
53.24 	(k) if it bears or contains any artificial flavoring, artificial coloring, or chemical 
53.25 	preservative, unless it bears labeling stating that fact;
53.26 	(l) if it fails to bear, directly or on its container, as the commissioner by rule 
53.27 	prescribes, the inspection legend and other information the commissioner may require by 
53.28 	rule to assure that it will not have false or misleading labeling and that the public will be 
53.29 	told how to keep the article wholesome.

53.30 	Sec. 18. Minnesota Statutes 2010, section 31A.02, subdivision 15, is amended to read:
53.31 		Subd. 15.Label. "Label" means a display of written, printed, or graphic matter on 
53.32 	an article's immediate container, not including package liners has the meaning given 
53.33 	in section 34A.01, subdivision 6.

53.34 	Sec. 19. Minnesota Statutes 2010, section 31A.02, subdivision 16, is amended to read:
54.1 		Subd. 16.Labeling. "Labeling" means labels and other written, printed, or graphic 
54.2 	matter (1) on an article or its containers or wrappers, or (2) accompanying an article has 
54.3 	the meaning given in section 34A.01, subdivision 7.

54.4 	Sec. 20. Minnesota Statutes 2010, section 31A.23, is amended to read:
54.5 	31A.23 DETENTION OF ANIMALS OR PRODUCTS.
54.6 	This section applies to a carcass, part of a carcass, meat, or meat food product of an 
54.7 	animal, a product exempted from the definition of a meat food product, or a dead, dying, 
54.8 	disabled, or diseased animal. If an authorized representative of the commissioner finds 
54.9 	such an article or animal on premises where it is held for purposes of, during, or after 
54.10 	distribution in intrastate commerce, and there is reason to believe that it is adulterated or 
54.11 	misbranded and is usable as human food, or that it has not been inspected, in violation of 
54.12 	sections 31A.01 to 31A.16, the Federal Meat Inspection Act, or the Federal Food, Drug, 
54.13 	and Cosmetic Act, or that the article or animal has been or is intended to be distributed in 
54.14 	violation of a provision of those laws, it may be detained by the representative for up to 
54.15 	20 days pending action under section 31A.24 34A.11, subdivision 2,  or notification of 
54.16 	federal authorities having jurisdiction over the article or animal. It must not be moved 
54.17 	by a person, firm, or corporation from the place at which it is located when detained, 
54.18 	until released by the representative. The representative may require all official marks to 
54.19 	be removed from the article or animal before it is released unless the commissioner is 
54.20 	satisfied that the article or animal is eligible to retain the official marks.

54.21 	Sec. 21. Minnesota Statutes 2010, section 32.01, subdivision 11, is amended to read:
54.22 		Subd. 11.Adulterated. "Adulterated" has the meaning given it in section 31.01, 
54.23 	subdivision 19, and acts amendatory thereof means an item is covered by section 34A.02.

54.24 	Sec. 22. Minnesota Statutes 2010, section 32.01, subdivision 12, is amended to read:
54.25 		Subd. 12.Misbranded. "Misbranded" or "misbranding" has the meaning given 
54.26 	in section 31.01, subdivision 5, and acts amendatory thereof means an item is covered 
54.27 	by section 34A.03.

54.28 	Sec. 23. [34A.01] DEFINITIONS.
54.29 		Subdivision 1.Applicability. The definitions in this section and chapters 28, 28A, 
54.30 	29, 30, 31, 31A, 32, and 34 apply to this chapter. The definitions in this section apply 
54.31 	to chapter 32.
54.32 		Subd. 2.Commissioner. "Commissioner" means the commissioner of agriculture.
55.1 		Subd. 3.Federal act. "Federal act" means the federal Food, Drug, and Cosmetic 
55.2 	Act, as amended, United States Code, title 21, sections 301 et seq.
55.3 		Subd. 4.Food. "Food" means every ingredient used for, entering into the 
55.4 	consumption of, or used or intended for use in the preparation of food, drink, confectionery, 
55.5 	or condiment for humans or other animals, whether simple, mixed, or compound; and 
55.6 	articles used as components of these ingredients.
55.7 		Subd. 5.Frozen food. "Frozen food" is food that is processed and preserved by 
55.8 	freezing and which is intended to be sold in the frozen state.
55.9 		Subd. 6.Label. "Label" means a display of written, printed, or graphic matter 
55.10 	upon or affixed to the container of any food, and includes a like display, if required by 
55.11 	law or rule, on the outside container or wrapper, if there is one, of the retail package 
55.12 	of the food, not including package liners.
55.13 		Subd. 7.Labeling. "Labeling" means labels and other written, printed, or graphic 
55.14 	matter:
55.15 	(1) on food or its containers or wrappers;
55.16 	(2) accompanying or supporting food; or
55.17 	(3) a placard in, on, or adjacent to the food.
55.18 		Subd. 8.Nonperishable food. "Nonperishable food" is food with a shelf life of 
55.19 	more than 90 days and that is not perishable food, readily perishable food, or frozen food.
55.20 		Subd. 9.Perishable food. "Perishable food" means food including, but not limited 
55.21 	to, fresh fruits, fresh vegetables, and other products that need protection from extremes of 
55.22 	temperatures in order to avoid decomposition by microbial growth or otherwise.
55.23 		Subd. 10.Person. "Person" means any individual, firm, partnership, cooperative, 
55.24 	society, joint stock association, association, company, or corporation and includes any 
55.25 	officer, employee, agent, trustee, receiver, assignee, or other similar business entity or 
55.26 	representative of one of those entities.
55.27 		Subd. 11.Readily perishable food. "Readily perishable food" is food or a food 
55.28 	ingredient consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry, 
55.29 	or other food or food ingredient that is capable of supporting growth of infectious or 
55.30 	toxigenic microorganisms. Readily perishable food requires time and temperature control 
55.31 	to limit pathogenic microorganism growth or toxin formation.
55.32 		Subd. 12.Sell; sale. "Sell" and "sale" mean keeping, offering, or exposing for sale, 
55.33 	use, transporting, transferring, negotiating, soliciting, or exchanging food; having in 
55.34 	possession with intent to sell, use, transport, negotiate, solicit, or exchange food; storing, 
55.35 	manufacturing, producing, processing, packing, and holding of food for sale; dispensing or 
56.1 	giving food; or supplying or applying food in the conduct of any food operation or carrying 
56.2 	food in aid of traffic in food whether done or permitted in person or through others.

56.3 	Sec. 24. [34A.012] EXCLUSIONS.
56.4 	The following items are not perishable food, readily perishable food, or frozen food:
56.5 	(1) packaged pickles;
56.6 	(2) jellies, jams, and condiments in sealed containers;
56.7 	(3) bakery products such as bread, rolls, buns, donuts, fruit-filled pies, and pastries;
56.8 	(4) dehydrated packaged food;
56.9 	(5) dry or packaged food with a water activity that precludes development of 
56.10 	microorganisms; and
56.11 	(6) food in unopened hermetically sealed containers that is commercially processed 
56.12 	to achieve and maintain commercial sterility under conditions of nonrefrigerated storage 
56.13 	and distribution.

56.14 	Sec. 25. [34A.02] ADULTERATION.
56.15 	Food is adulterated if:
56.16 	(1) it bears or contains any poisonous or deleterious substance which may render 
56.17 	it injurious to health; but if the substance is not an added substance, the item is not 
56.18 	adulterated under this clause if the quantity of the substance in the item does not ordinarily 
56.19 	render it injurious to health;
56.20 	(2) it bears or contains any added poisonous, deleterious, or nonnutritive substance, 
56.21 	other than one which is a pesticide in or on a raw agricultural commodity; a food additive; 
56.22 	or a color additive, that is unsafe within the meaning of section 31.122 or section 406 
56.23 	of the federal act;
56.24 	(3) it bears or contains, by administration of a substance to the live animal or 
56.25 	otherwise, an added poisonous or harmful substance, other than a pesticide in or on a raw 
56.26 	agricultural commodity, a food additive, or a color additive, that may, in the judgment of 
56.27 	the commissioner, make the article unfit for human food;
56.28 	(4) it is unsafe or bears or contains any food additive that is unsafe within the 
56.29 	meaning of section 31.122 or section 409 of the federal act;
56.30 	(5) it is or bears or contains any color additive that is unsafe within the meaning of 
56.31 	section 31.122 or section 706 of the federal act;
56.32 	(6) it is a raw agricultural commodity and it bears or contains a pesticide that is 
56.33 	unsafe within the meaning of section 31.122 or section 408 of the federal act;
57.1 	(7) it consists in whole or in part of a diseased, contaminated, filthy, putrid, or 
57.2 	decomposed substance, or if it is otherwise unfit for food;
57.3 	(8) it has been produced, prepared, packed, or held under unsanitary conditions 
57.4 	whereby it may have become contaminated with filth, or whereby it may have been 
57.5 	rendered diseased, unwholesome, or injurious to health;
57.6 	(9) it is in whole or in part the product of a diseased animal or of an animal which 
57.7 	has died otherwise than by slaughter that is unsafe within the meaning of section 402(a)(1) 
57.8 	or (2) of the federal act, or of an animal that has been fed upon the uncooked offal from a 
57.9 	slaughterhouse;
57.10 	(10) its container is wholly or partly composed of any poisonous or deleterious 
57.11 	substance that may render the contents injurious to health;
57.12 	(11) it has been intentionally subjected to radiation, unless the use of the radiation 
57.13 	was in conformity with a rule, regulation, or exemption in effect pursuant to section 
57.14 	31.122 or section 409 of the federal act;
57.15 	(12) any valuable constituent has been in whole or in part omitted or abstracted from 
57.16 	the food; if any substance has been substituted wholly or in part for the food; or if damage 
57.17 	or inferiority has been concealed in any manner;
57.18 	(13) any substance has been added to it or mixed or packed with it so as to increase 
57.19 	its bulk or weight, reduce its quality or strength, or make it appear better or of greater 
57.20 	value than it is;
57.21 	(14) its composition or quality falls below or differs from that which it is purported 
57.22 	or is represented to possess by its labeling; or
57.23 	(15) it is confectionery and:
57.24 	(i) has partially or completely imbedded in the food any nonnutritive object, 
57.25 	provided that this clause does not apply in the case of any nonnutritive object if in the 
57.26 	judgment of the commissioner, as provided by rules, the object is of practical functional 
57.27 	value to the confectionery product and would not render the product injurious or hazardous 
57.28 	to human or animal health; or
57.29 	(ii) bears or contains any nonnutritive substance; provided that this item does not 
57.30 	apply to a confection containing alcohol as defined in section 31.76, or a safe nonnutritive 
57.31 	substance which is in or on confectionery by reason of its use for some practical functional 
57.32 	purpose in the manufacture, packaging, or storing of the confectionery if the use of the 
57.33 	substance does not promote deception of the consumer or otherwise result in adulteration 
57.34 	or misbranding in violation of this chapter, and provided further that the commissioner 
57.35 	may, for the purpose of avoiding or resolving uncertainty as to the application of this 
57.36 	clause, issue rules allowing or prohibiting the use of particular nonnutritive substances.

58.1 	Sec. 26. [34A.03] MISBRANDING.
58.2 	(a) Food is misbranded if:
58.3 	(1) its labeling is false or misleading in any particular, or its labeling, whether on 
58.4 	the item itself, its container, or its package, fails to conform with the requirements of 
58.5 	this chapter;
58.6 	(2) it is offered for sale or distributed under the name of another food;
58.7 	(3) it is an imitation of another food for which a definition and standard of identity 
58.8 	have been prescribed by rules as provided by sections 31.10 and 31.102; or if it is an 
58.9 	imitation of another food that is not subject to clause (5), unless in either case its label 
58.10 	bears in type of uniform size and prominence the word "imitation" and immediately 
58.11 	thereafter the name of the food imitated;
58.12 	(4) its container is so made, formed, or filled as to be misleading;
58.13 	(5) it purports to be or is represented as a food for which a definition and standard 
58.14 	of identity have been prescribed by rules as provided by sections 31.10, 31.102, and 
58.15 	31A.07, unless it conforms to that definition and standard, and its label bears the name 
58.16 	of the food specified in the definition and standard, and insofar as may be required by 
58.17 	the rules, the common names of optional ingredients, other than spices, flavoring, and 
58.18 	coloring, present in the food;
58.19 	(6) it purports to be or is represented as:
58.20 	(i) a food for which a standard of quality has been prescribed by rules as provided by 
58.21 	sections 31.10 and 31.102, and its quality falls below that standard unless its label bears in 
58.22 	a manner and form the rules specify, a statement that it falls below the standard; or
58.23 	(ii) a food for which a standard or standards of fill of container have been prescribed 
58.24 	by rule as provided by sections 31.10, 31.102, and 31A.07, and it falls below the standard 
58.25 	of fill of container applicable thereto unless its label bears, in a manner and form the rules 
58.26 	specify, a statement that it falls below the standard;
58.27 	(7) it is not subject to clause (5), unless it bears labeling clearly giving the common 
58.28 	or usual name of the food, if there is one, and in case it is fabricated from two or more 
58.29 	ingredients, the common or usual name of each ingredient, except that spices, flavorings, 
58.30 	and colorings, other than those sold as such, may be designated as spices, flavorings, and 
58.31 	colorings, without naming each, provided that to the extent that compliance with the 
58.32 	requirements of this clause is impractical or results in deception or unfair competition, 
58.33 	exemptions must be established by rules promulgated by the commissioner;
58.34 	(8) it purports to be or is represented for special dietary uses, unless its label 
58.35 	bears information concerning its vitamin, mineral, and other dietary properties as the 
59.1 	commissioner determines to be, and by rules prescribed as, necessary in order to fully 
59.2 	inform purchasers as to its value for those uses;
59.3 	(9) it bears or contains any artificial flavoring, artificial coloring, or chemical 
59.4 	preservative, unless it bears labeling stating that fact; provided that, to the extent that 
59.5 	compliance with the requirements of this clause is impracticable, exemptions must be 
59.6 	established by rules promulgated by the commissioner. The provisions of this clause and 
59.7 	clauses (5) and (7) with respect to artificial coloring do not apply to butter, cheese, or ice 
59.8 	cream. The provisions with respect to chemical preservatives do not apply to a pesticide 
59.9 	when used in or on a raw agricultural commodity which is the product of the soil;
59.10 	(10) it is a product intended as an ingredient of another food and when used 
59.11 	according to the directions of the purveyor will result in the final food product being 
59.12 	adulterated or misbranded;
59.13 	(11) it is a color additive unless its packaging and labeling are in conformity with 
59.14 	such packaging and labeling requirements applicable to the color additive prescribed 
59.15 	under the provisions of the federal act;
59.16 	(12) it is food subject to section 31.101, subdivision 10, or chapter 31A, that fails to 
59.17 	bear, directly or on its container, as the commissioner by rule prescribes, the inspection 
59.18 	legend and other information the commissioner may require by rule to ensure that it 
59.19 	will not have false or misleading labeling, and that the public will be told how to keep 
59.20 	the article wholesome; or
59.21 	(13) its labeling would deceive or mislead the purchaser with respect to its 
59.22 	composition or suitability.
59.23 	(b) Food is also misbranded if it is a raw agricultural commodity which is the 
59.24 	product of the soil, bearing or containing a pesticide applied after harvest, unless the 
59.25 	shipping container of that commodity bears labeling which declares the presence of the 
59.26 	chemical in or on the commodity and the common or usual name and the function of the 
59.27 	chemical. No such declaration is required while the commodity, having been removed 
59.28 	from the shipping container, is being held or displayed for sale at retail out of the container 
59.29 	in accordance with the custom of the trade.

59.30 	Sec. 27. [34A.04] ENFORCEMENT.
59.31 		Subdivision 1.Enforcement required. (a) The commissioner shall enforce this 
59.32 	chapter and chapters 28, 28A, 29, 30, 31, 31A, and 34. To carry out the enforcement duties 
59.33 	under these chapters, the commissioner may, upon presenting appropriate credentials, 
59.34 	during regular working hours and at other reasonable times, inspect premises subject 
59.35 	to the commissioner's enforcement and licensing authority; require information from 
60.1 	persons with information relevant to an inspection; and inspect and copy relevant papers 
60.2 	and records, including business records.
60.3 	(b) The commissioner may administer oaths, take and cause to be taken depositions 
60.4 	of witnesses, and issue subpoenas, and may petition the district court in the county in which 
60.5 	the premises is located to compel compliance with subpoenas or to permit an inspection.
60.6 	(c) Violations of chapters 28, 28A, 29, 30, 31, 31A, and 34, or rules adopted under 
60.7 	chapters 28, 28A, 29, 30, 31, 31A, and 34 are a violation of this chapter.
60.8 	(d) Upon the request of the commissioner, county attorneys, sheriffs, and other 
60.9 	officers having authority in the enforcement of the general criminal laws shall take action 
60.10 	to the extent of their authority necessary or proper for the enforcement of this chapter or 
60.11 	standards, stipulations, and agreements of the commissioner.
60.12 		Subd. 2.Commissioner's discretion. If minor violations of this chapter occur or 
60.13 	the commissioner believes the public interest will be best served by a suitable notice of 
60.14 	warning in writing, this chapter does not require the commissioner to take any additional 
60.15 	action.
60.16 		Subd. 3.Civil actions. Civil judicial enforcement actions may be brought by the 
60.17 	attorney general in the name of the state on behalf of the commissioner. A county attorney 
60.18 	may bring a civil judicial enforcement action upon the request of the commissioner and 
60.19 	agreement by the attorney general.
60.20 		Subd. 4.Injunction. The commissioner may apply to a court with jurisdiction for a 
60.21 	temporary or permanent injunction to prevent, restrain, or enjoin violations of provisions 
60.22 	of this chapter.
60.23 		Subd. 5.Criminal actions. Each county attorney or city attorney to whom the 
60.24 	commissioner reports any violation of this chapter shall consider instituting appropriate 
60.25 	proceedings in the proper courts and prosecuting them in the manner required by law. If 
60.26 	the county or city attorney refuses to prosecute, the attorney general, on request of the 
60.27 	commissioner, may prosecute.

60.28 	Sec. 28. [34A.05] FALSE STATEMENT OR RECORD.
60.29 	A person must not knowingly make or offer a false statement, record, or other 
60.30 	information as part of:
60.31 	(1) an application for registration, listing, license, certification, or permit subject 
60.32 	to this chapter;
60.33 	(2) records or reports required subject to this chapter; or
60.34 	(3) an investigation of a violation of this chapter.

61.1 	Sec. 29. [34A.06] ADMINISTRATIVE ACTIONS.
61.2 		Subdivision 1.Administrative enforcement. (a) The commissioner may enforce 
61.3 	this chapter by written warning, administrative meeting, cease and desist, forced sale, 
61.4 	detention, embargo, condemnation, citation, corrective action order, seizure, agreement, 
61.5 	withdrawal from distribution, or administrative penalty if the commissioner determines 
61.6 	that the remedy is in the public interest.
61.7 	(b) For facilities required to submit a plan review under rules of the commissioner of 
61.8 	agriculture, the commissioner may withdraw by written order the approval of a facility or 
61.9 	equipment if:
61.10 	(1) hazards to human life exist; or
61.11 	(2) there is satisfactory evidence that the person to whom the approval was issued 
61.12 	has used fraudulent or deceptive practices to evade or attempt to evade provisions of 
61.13 	this chapter.
61.14 	(c) Any action under this subdivision may be appealed pursuant to section 34A.08.
61.15 		Subd. 2.License revocation, suspension, and refusal. (a) The commissioner 
61.16 	may revoke, suspend, limit, modify, or refuse to grant or renew a registration, listing, 
61.17 	permit, license, or certification if a person violates or has violated this chapter within 
61.18 	the last three years.
61.19 	(b) The commissioner may revoke, suspend, limit, modify, or refuse to grant or 
61.20 	renew a registration, listing, permit, license, or certification to a person from another state 
61.21 	if that person has had a registration, permit, license, or certification denied, revoked, 
61.22 	or suspended by another state for an offense reasonably related to the requirements, 
61.23 	qualifications, or duties of a registration, permit, license, or certification issued under 
61.24 	this chapter.
61.25 	(c) The commissioner may revoke, suspend, limit, modify, or refuse to grant or 
61.26 	renew a registration, listing, permit, license, or certification to a person after receiving 
61.27 	satisfactory evidence that the registrant, permittee, licensee, or certificate holder has used 
61.28 	fraudulent and deceptive practices in the evasion or attempted evasion of this chapter.
61.29 	(d) A registration, listing, permit, license, or certification may not be revoked or 
61.30 	suspended until the registrant, permittee, licensee, or certificate holder has been given 
61.31 	opportunity for a hearing by the commissioner. After receiving notice of revocation or 
61.32 	suspension, a registrant, permittee, licensee, registrant, or certificate holder has ten days to 
61.33 	request a hearing, or another time period mutually agreed to by both parties. If no request is 
61.34 	made within ten days or other agreed-upon time, the registration, listing, permit, license, or 
61.35 	certification is revoked or suspended. In the case of a refusal to grant a registration, listing, 
61.36 	permit, license, or certification, the registrant, permittee, licensee, registrant, or certificate 
62.1 	holder has ten days from notice of refusal to request a hearing. Upon receiving a request 
62.2 	for hearing, the department shall proceed pursuant to section 34A.08, subdivision 2.

62.3 	Sec. 30. [34A.07] ADMINISTRATIVE PENALTIES.
62.4 		Subdivision 1.Assessment. (a) In determining the amount of the administrative 
62.5 	penalty, the commissioner shall consider the economic gain received by the person 
62.6 	allowing or committing the violation, the gravity of the violation in terms of actual or 
62.7 	potential damage to human or animal health and the environment, the willfulness of the 
62.8 	violation, number of violations, history of past violations, and other factors justice may 
62.9 	require, if the additional factors are specifically identified in the inspection report. For a 
62.10 	violation after an initial violation, the commissioner shall also consider the similarity of 
62.11 	the most recent previous violation and the violation to be penalized, the time elapsed since 
62.12 	the last violation, the number of previous violations, and the response of the person to the 
62.13 	most recent previous violation identified.
62.14 	(b) The commissioner may issue an administrative citation assessing an 
62.15 	administrative penalty of up to $1,500 for each violation of this chapter. Each day a 
62.16 	violation continues is a separate violation. The citation must describe the nature of the 
62.17 	violation, the statute or rule alleged to have been violated, the time for correction, if 
62.18 	applicable, and the amount of any proposed fine. The citation must advise the person to 
62.19 	notify the commissioner in writing within 20 days, or another time period mutually agreed 
62.20 	to by the commissioner and the person subject to the citation, if the person wishes to 
62.21 	appeal the citation, and that if the person fails to appeal the citation, the citation is the 
62.22 	final order and not subject to further review.
62.23 	(c) An administrative penalty may be assessed if the person subject to a written order 
62.24 	does not comply with the order in the time provided in the order.
62.25 		Subd. 2.Collection of penalty. (a) If a person subject to an administrative penalty 
62.26 	fails to pay the penalty, which must be part of a final citation by the commissioner, by 30 
62.27 	days after the final order is issued, the commissioner may commence a civil action for 
62.28 	double the assessed penalty plus attorney fees and costs.
62.29 	(b) An administrative penalty may be recovered in a civil action in the name of the 
62.30 	state brought in the district court of the county where the violation is alleged to have 
62.31 	occurred or the district court where the commissioner has an office.

62.32 	Sec. 31. [34A.08] APPEAL OF ADMINISTRATIVE ACTION OR PENALTY.
62.33 		Subdivision 1.Notice of appeal. (a) After service of a citation under section 34A.07 
62.34 	or order under section 34A.06, subdivision 1, a person has 20 days from receipt of the 
63.1 	citation or order, or another time period mutually agreed to by the commissioner and the 
63.2 	person subject to the citation or order, to notify the commissioner in writing that the 
63.3 	person intends to contest the citation or order through a hearing. The hearing request 
63.4 	must specifically identify the order or citation being contested and state the grounds for 
63.5 	contesting it.
63.6 	(b) If the person fails to notify the commissioner that the person intends to contest 
63.7 	the citation or order, the citation or order is final and not subject to further judicial or 
63.8 	administrative review.
63.9 		Subd. 2.Administrative review. If a person notifies the commissioner that 
63.10 	the person intends to contest a citation or order issued under this chapter, the Office 
63.11 	of Administrative Hearings shall conduct a hearing in accordance with the applicable 
63.12 	provisions of chapter 14 for hearings in contested cases.

63.13 	Sec. 32. [34A.09] CIVIL PENALTIES.
63.14 		Subdivision 1.General penalty. A person who violates this chapter or an order, 
63.15 	standard, stipulation, agreement, citation, or schedule of compliance of the commissioner 
63.16 	or impedes, hinders, or otherwise prevents or attempts to prevent performance of a duty 
63.17 	by the commissioner in connection with this chapter is subject to a civil penalty of up to 
63.18 	$7,500 per day of violation as determined by the court.
63.19 		Subd. 2.Actions to compel performance. In an action to compel performance of 
63.20 	an order of the commissioner to enforce this chapter, the court must require a defendant 
63.21 	adjudged responsible to perform the acts within the person's power that are reasonably 
63.22 	necessary to accomplish the purposes of the order.
63.23 		Subd. 3.Recovery of penalties by civil action. The civil penalties and payments 
63.24 	provided for in this section may be recovered by a civil action brought by the county 
63.25 	attorney or the attorney general in the name of the state.

63.26 	Sec. 33. [34A.10] CRIMINAL PENALTIES.
63.27 		Subdivision 1.General violation. Except as provided in subdivisions 2 and 3, a 
63.28 	person is guilty of a misdemeanor if the person violates this chapter or an order, standard, 
63.29 	citation, stipulation, agreement, or schedule of compliance of the commissioner, or 
63.30 	impedes, hinders, or otherwise prevents, or attempts to prevent the commissioner or a 
63.31 	duly authorized agent in performance of a duty in connection with this chapter. Unless 
63.32 	otherwise specified in this chapter, each separate violation is a separate offense, except 
63.33 	that in the case of a violation through continuing failure or neglect to obey this chapter, 
63.34 	each day the failure or neglect continues is a separate offense.
64.1 		Subd. 2.Violation endangering humans or animals. A person is guilty of a 
64.2 	gross misdemeanor if the person violates this chapter or an order, standard, stipulation, 
64.3 	agreement, or schedule of compliance of the commissioner and the violation endangers 
64.4 	humans or animals.
64.5 		Subd. 3.Violation with knowledge. A person is guilty of a gross misdemeanor if 
64.6 	the person knowingly violates this chapter or an order, standard, stipulation, agreement, or 
64.7 	schedule of compliance of the commissioner.

64.8 	Sec. 34. [34A.11] EMBARGO, SEIZURE, AND CONDEMNATION.
64.9 		Subdivision 1.Tag, notice, or withdrawal from distribution. If the commissioner 
64.10 	finds probable cause to believe that any food, animal, or consumer commodity is being 
64.11 	distributed in violation of this chapter or rules under this chapter, or is adulterated or so 
64.12 	misbranded as to be dangerous or fraudulent, the commissioner shall affix to the food, 
64.13 	animal, or consumer commodity a tag, withdrawal from distribution order, or other 
64.14 	appropriate marking giving notice that the food, animal, or consumer commodity is, or is 
64.15 	suspected of being, adulterated, misbranded, or distributed in violation of this chapter, 
64.16 	and has been detained or embargoed, and warning all persons not to remove or dispose 
64.17 	of the food, animal, or consumer commodity by sale or otherwise until permission for 
64.18 	removal or disposal is given by the commissioner or the court. It is unlawful for a person 
64.19 	to remove or dispose of a detained or embargoed food, animal, or consumer commodity by 
64.20 	sale or otherwise without the commissioner's or a court's permission and each transaction 
64.21 	is a separate violation of this subdivision.
64.22 		Subd. 2.Seizure. A carcass; part of a carcass; meat or meat food product of an 
64.23 	animal; or dead, dying, disabled, or diseased animal that is being transported in intrastate 
64.24 	commerce, or is held for sale in this state after transportation in intrastate commerce, may 
64.25 	be proceeded against, seized, and condemned if:
64.26 	(1) it is or has been prepared, sold, transported, or otherwise distributed, offered, or 
64.27 	received for distribution in violation of this chapter;
64.28 	(2) it is usable as human food and is adulterated or misbranded; or
64.29 	(3) it is in any other way in violation of this chapter.
64.30 	The commissioner may act against the article or animal at any time on a complaint 
64.31 	in the district court of the judicial district where the article or animal is found.
64.32 		Subd. 3.Action for condemnation. If food or an article or animal detained or 
64.33 	embargoed under subdivision 1 has been found by the commissioner to be adulterated 
64.34 	or misbranded or in violation of this chapter, the commissioner shall petition the district 
64.35 	court in the county in which the food or animal is detained or embargoed for an order and 
65.1 	decree for the condemnation of the food or animal. The commissioner shall release the 
65.2 	food or animal when this chapter and rules adopted under this chapter have been complied 
65.3 	with or the food or animal is found to be not adulterated or misbranded.
65.4 		Subd. 4.Remedies. If the court finds that a detained or embargoed food or animal 
65.5 	is adulterated, misbranded, or in violation of this chapter or rules adopted under this 
65.6 	chapter, the following remedies are available:
65.7 	(1) after entering a decree, the food or animal may be destroyed at the expense of 
65.8 	the claimant under the supervision of the commissioner, and all court costs, fees, storage, 
65.9 	and other proper expenses must be assessed against the claimant of the food or animal or 
65.10 	the claimant's agent; and
65.11 	(2) if adulteration or misbranding can be corrected by proper labeling or processing 
65.12 	of the food or animal, the court, after entry of the decree and after costs, fees, and expenses 
65.13 	have been paid and a good and sufficient bond, conditioned that the food or animal must 
65.14 	be properly labeled or processed, has been executed, may by order direct that the food or 
65.15 	animal be delivered to the claimant for proper labeling or processing under the supervision 
65.16 	of the commissioner. The expense of the supervision must be paid by the claimant. The 
65.17 	food or animal must be returned to the claimant and the bond must be discharged on the 
65.18 	representation to the court by the commissioner that the food or animal is no longer in 
65.19 	violation and that the expenses for the supervision have been paid.
65.20 		Subd. 5.Duties of commissioner. If the commissioner finds in any room, building, 
65.21 	vehicle of transportation, or other structure any meat, seafood, poultry, vegetable, fruit, or 
65.22 	other perishable articles of food that are unsound, or contain any filthy, decomposed, or 
65.23 	putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the 
65.24 	commissioner shall condemn or destroy the item or in any other manner render the item as 
65.25 	unsalable as human food, and no one has any cause of action against the commissioner 
65.26 	on account of the commissioner's action.
65.27 		Subd. 6.Emergency response. If the governor declares an emergency order under 
65.28 	section 12.31 and if the commissioner finds or has probable cause to believe that livestock, 
65.29 	food, or a consumer commodity within a specific area is likely to be adulterated because 
65.30 	of the emergency or so misbranded as to be dangerous or fraudulent, or is in violation of 
65.31 	section 31.131, subdivision 1, the commissioner may embargo a geographic area that is 
65.32 	included in the declared emergency. The commissioner shall provide notice to the public 
65.33 	and to those with custody of the product in as thorough a manner as is practicable under 
65.34 	the emergency circumstances.

65.35 	Sec. 35. [34A.12] POWERS OF THE COMMISSIONER.
66.1 		Subdivision 1.Gathering information. The commissioner may, for the purposes 
66.2 	of this chapter:
66.3 	(1) gather and compile information concerning and investigate the organization, 
66.4 	business, conduct, practices, and management of a person in intrastate commerce and 
66.5 	the person's relation to other persons; and
66.6 	(2) require, by general or special orders, a person, persons, or a class of persons 
66.7 	engaged in intrastate commerce to file with the commissioner, in the form the 
66.8 	commissioner prescribes, annual and special reports or answers in writing to specific 
66.9 	questions, giving the commissioner the information the commissioner requires about the 
66.10 	organization, business, conduct, practices, management, and relation to other persons, of 
66.11 	the person filing the reports or answers. The reports and answers must be made under 
66.12 	oath, or otherwise, as the commissioner prescribes, and filed with the commissioner within 
66.13 	a reasonable time the commissioner prescribes, unless additional time is granted by the 
66.14 	commissioner.
66.15 		Subd. 2.Examination of documents for evidence. (a) For purposes of this 
66.16 	chapter, the commissioner must at all reasonable times be allowed to examine and 
66.17 	copy documentary evidence of a person being investigated or proceeded against. The 
66.18 	commissioner may subpoena witnesses and require the production of documentary 
66.19 	evidence of a person relating to any matter under investigation. The commissioner 
66.20 	may sign subpoenas, administer oaths and affirmations, examine witnesses, and receive 
66.21 	evidence.
66.22 	(b) Attendance of witnesses and the production of documentary evidence may 
66.23 	be required at a designated hearing place. In case of disobedience to a subpoena, the 
66.24 	commissioner may invoke the aid of the district court to require the attendance and 
66.25 	testimony of witnesses and the production of documentary evidence.
66.26 	(c) The district court, in case of refusal to obey a subpoena issued to a person, may 
66.27 	issue an order requiring the person to appear before the commissioner or to produce 
66.28 	documentary evidence if ordered, or to give evidence touching the matter in question. 
66.29 	Failure to obey the order of the court may be punishable by the court as a contempt.
66.30 	(d) Upon the application of the attorney general at the request of the commissioner, 
66.31 	the district court may order a person to comply with this chapter or an order of the 
66.32 	commissioner made under this chapter.
66.33 	(e) The commissioner may order testimony to be taken by deposition in a proceeding 
66.34 	or investigation pending under this chapter at any state of the proceeding or investigation. 
66.35 	Depositions may be taken before a person designated by the commissioner and having 
66.36 	power to administer oaths. The testimony must be reduced to writing by the person taking 
67.1 	the deposition or under the person's direction and must then be signed by the witness. A 
67.2 	person may be compelled to appear and depose and to produce documentary evidence 
67.3 	in the same manner as witnesses may be compelled to appear and testify and produce 
67.4 	documentary evidence before the commissioner.
67.5 	(f) Witnesses summoned before the commissioner may be paid the same fees and 
67.6 	mileage that are paid witnesses in the district courts. Witnesses whose depositions are 
67.7 	taken and the persons taking them may be entitled to the fees that are paid for those 
67.8 	services in the district court.
67.9 	(g) A person is not excused from attending and testifying or from producing books, 
67.10 	papers, schedules of charges, contracts, agreements, or other documentary evidence 
67.11 	before the commissioner or in obedience to the subpoena of the commissioner whether 
67.12 	the subpoena is signed or issued by the commissioner or the commissioner's agent, or in 
67.13 	any cause or proceeding, criminal or otherwise, based upon or growing out of an alleged 
67.14 	violation of this chapter because the testimony or evidence, documentary or otherwise, 
67.15 	required of the person may tend to incriminate the person or subject the person to a 
67.16 	penalty or forfeiture. No person may be prosecuted or subjected to a penalty or forfeiture 
67.17 	on account of a matter concerning which the person is compelled, after having claimed 
67.18 	a privilege against self-incrimination, to testify or produce evidence, documentary or 
67.19 	otherwise, except that a witness is not exempt from prosecution and punishment for 
67.20 	perjury committed in testifying.
67.21 		Subd. 3.Penalties related to testimony and records. (a) A person who neglects 
67.22 	or refuses to attend and testify, to answer a lawful inquiry, or to produce documentary 
67.23 	evidence, if it is in the person's power to do so in obedience to the subpoena or lawful 
67.24 	requirement of the commissioner, is guilty of a misdemeanor.
67.25 	(b) A person who willfully:
67.26 	(1) makes or causes to be made a false entry or statement of fact in a report required 
67.27 	under this chapter;
67.28 	(2) makes or causes to be made a false entry in an account, record, or memorandum 
67.29 	kept by a person subject to this chapter;
67.30 	(3) neglects or fails to make or to cause to be made full and correct entries in the 
67.31 	accounts, records, or memoranda of all facts and transactions relating to the person's 
67.32 	business;
67.33 	(4) leaves the jurisdiction of this state;
67.34 	(5) mutilates, alters, or by any other means falsifies documentary evidence of a 
67.35 	person subject to this chapter; or
68.1 	(6) refuses to submit to the commissioner, for inspection and copying, any 
68.2 	documentary evidence of a person subject to this chapter in the person's possession or 
68.3 	control, is guilty of a misdemeanor.
68.4 	(c) A person required by this chapter to file an annual or special report who fails to 
68.5 	do so within the time fixed by the commissioner for filing the report and continues the 
68.6 	failure for 30 days after notice of failure to file, is guilty of a misdemeanor.
68.7 	(d) An officer or employee of this state who makes public information obtained by 
68.8 	the commissioner without the commissioner's authority, unless directed by a court, is 
68.9 	guilty of a misdemeanor.

68.10 	Sec. 36.  REPEALER.
 68.11 	(a) Minnesota Statutes 2010, sections 28.15; 28A.12; 28A.13; 29.28; 31.031; 
68.12 	31.041; 31.05; 31.14; 31.393; 31.58; 31.592; 31.621, subdivision 5; 31.631, subdivision 
68.13 	4; 31.633, subdivision 2; 31.681; 31.74, subdivision 3; 31.91; 31A.24; 31A.26; and 
68.14 	34.113, are repealed.
68.15 	(b) Minnesota Rules, parts 1540.0010, subpart 26; 1550.0930, subparts 3, 4, 5, 6, 
68.16 	and 7; 1550.1040, subparts 3, 4, 5, and 6; and 1550.1260, subparts 6 and 7, are repealed.