HF 2398

1st Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 04/05/2012 01:25 p.m.

1.1A bill for an act 1.2relating to agriculture; modifying provisions related to pesticides, plants, 1.3nursery law, inspections, enforcements, food, animals, grain, and weights and 1.4measures; requiring reports; modifying certain ethanol and biodiesel provisions; 1.5delaying the effective date to eliminate certain limitations on wind easements; 1.6designating Lester as official state soil; requiring disclosures for certain treated 1.7ground beef; establishing pilot agricultural microloan program; modifying 1.8treatment of secured or guaranteed loans; modifying seized animal procedures; 1.9providing for food law enforcement; making technical and conforming 1.10changes;amending Minnesota Statutes 2010, sections 17.114, subdivisions 3, 1.114; 17.982, subdivision 1; 17.983; 17.984, subdivision 1; 18B.065, subdivision 1.122a, by adding a subdivision; 18B.316, subdivision 6; 18G.02, subdivision 14; 1.1318G.07, subdivision 1; 18G.10, subdivision 7, by adding a subdivision; 18H.02, 1.14subdivision 14, by adding a subdivision; 18H.10; 18H.14; 18J.01; 18J.02; 18J.03; 1.1518J.04, subdivisions 1, 2, 3, 4; 18J.05, subdivisions 1, 2, 6; 18J.06; 18J.07, 1.16subdivisions 3, 4, 5; 21.82, subdivisions 7, 8; 25.33, subdivision 3; 28A.03, 1.17subdivisions 3, 5, 6; 31.01, subdivisions 2, 3, 4, 21, 25, 28; 31.121; 31.123; 1.1831.13; 31.94; 31A.02, subdivisions 13, 14, 15, 16; 31A.23; 32.01, subdivisions 1.1911, 12; 35.0661, subdivisions 2, 3; 40A.17; 41A.12, subdivisions 2, 4; 41B.036; 1.2041B.048, subdivision 6; 41B.055, subdivision 1; 41B.06; 48.24, subdivision 5; 1.21223.16, subdivision 12; 223.17, subdivisions 1, 4, 6, 9; 232.21, subdivisions 2, 1.226, 12; 232.22, subdivisions 3, 4, 5, 7; 232.23, subdivisions 2, 5, 10; 232.24, 1.23subdivisions 1, 2; 239.092; 239.093; 239.77, subdivisions 3, 5; 239.791, 1.24subdivision 1a; 347.54, subdivisions 2, 3; Laws 2008, chapter 296, article 1, 1.25section 25, as amended; Laws 2011, chapter 14, section 6; proposing coding for 1.26new law in Minnesota Statutes, chapters 1; 31; 41B; 346; proposing coding 1.27for new law as Minnesota Statutes, chapter 34A; repealing Minnesota Statutes 1.282010, sections 17B.01; 17B.02; 17B.03; 17B.04; 17B.041; 17B.0451; 17B.048; 1.2917B.05; 17B.06; 17B.07; 17B.10; 17B.11; 17B.12; 17B.13; 17B.14; 17B.15, 1.30subdivisions 1, 3; 17B.16; 17B.17; 17B.18; 17B.20; 17B.22, subdivisions 1, 2; 1.3117B.28; 17B.29; 25.33, subdivision 18; 27.19, subdivisions 2, 3; 27.20; 28.15; 1.3228A.12; 28A.13; 29.28; 31.031; 31.041; 31.05; 31.14; 31.393; 31.58; 31.592; 1.3331.621, subdivision 5; 31.631, subdivision 4; 31.633, subdivision 2; 31.681; 1.3431.74, subdivision 3; 31.91; 31A.24; 31A.26; 34.113; 35.243; 35.255; 35.67; 1.3535.68; 35.69; 35.71, subdivisions 1, 2, 3, 4, 5, 6, 7; 35.72; 41B.048, subdivision 1.367; 223.16, subdivision 7; 223.18; 232.21, subdivision 4; 232.24, subdivision 3; 1.37232.25; 233.01; 233.015; 233.017; 233.02; 233.03; 233.04; 233.05; 233.06; 1.38233.07; 233.08; 233.09; 233.10; 233.11; 233.12; 233.22; 233.23; 233.24; 233.33; 1.39234.01; 234.03; 234.04; 234.05; 234.06; 234.08; 234.09; 234.10; 234.11; 234.12; 2.1234.13; 234.14; 234.15; 234.16; 234.17; 234.18; 234.19; 234.20; 234.21; 234.22; 2.2234.23; 234.24; 234.25; 234.27; 235.01; 235.02; 235.04; 235.05; 235.06; 235.07; 2.3235.08; 235.09; 235.10; 235.13; 235.18; 236.01; 236.02; 236.03; 236.04; 236.05; 2.4236.06; 236.07; 236.08; 236.09; 395.14; 395.15; 395.16; 395.17; 395.18; 395.19; 2.5395.20; 395.21; 395.22; 395.23; 395.24; Minnesota Rules, parts 1505.0780; 2.61505.0810; 1511.0100; 1511.0110; 1511.0120; 1511.0130; 1511.0140; 2.71511.0150; 1511.0160; 1511.0170; 1540.0010, subpart 26; 1550.0930, subparts 2.83, 4, 5, 6, 7; 1550.1040, subparts 3, 4, 5, 6; 1550.1260, subparts 6, 7; 1562.0100, 2.9subparts 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 2.1024, 25; 1562.0200; 1562.0400; 1562.0700; 1562.0900; 1562.1300; 1562.1800. 2.11BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.12ARTICLE 1 2.13AGRICULTURE POLICY 2.14    Section 1. new text begin [1.1485] STATE SOIL. new text end 2.15 new text begin Lester is designated as the official soil of the state of Minnesota. new text end 2.16    Sec. 2. Minnesota Statutes 2010, section 17.114, subdivision 3, is amended to read: 2.17    Subd. 3. Duties. (a) The commissioner shall: 2.18(1) establish a clearinghouse and provide information, appropriate educational 2.19opportunities and other assistance to individuals, producers, and groups about sustainable 2.20agricultural techniques, practices, and opportunities; 2.21(2) survey producers and support services and organizations to determine 2.22information and research needs in the area of sustainable agricultural practices; 2.23(3) demonstrate the on-farm applicability of sustainable agriculture practices to 2.24conditions in this state; 2.25(4) coordinate the efforts of state agencies regarding activities relating to sustainable 2.26agriculture; 2.27(5) direct the programs of the department so as to work toward the sustainability of 2.28agriculture in this state; 2.29(6) inform agencies of how state or federal programs could utilize and support 2.30sustainable agriculture practices; 2.31(7) work closely with farmers, the University of Minnesota, and other appropriate 2.32organizations to identify opportunities and needs as well as assure coordination and 2.33avoid duplication of state agency efforts regarding research, teaching, and extension 2.34work relating to sustainable agriculture; new text begin and new text end 2.35(8) work cooperatively with local governments and others to strengthen the 2.36connection between farmers who practice sustainable farming methods and urban, rural, 3.1and suburban consumers, including, but not limited to, promoting local farmers' markets 3.2and community-supported agriculture; and new text begin . new text end 3.3(9) report to the Environmental Quality Board for review and then to the house of 3.4representatives and senate committees with jurisdiction over the environment, natural 3.5resources, and agriculture every even-numbered year. 3.6(b) The report under paragraph (a), clause (9), must include: 3.7(1) the presentation and analysis of findings regarding the current status and trends 3.8regarding the economic condition of producers; the status of soil and water resources 3.9utilized by production agriculture; the magnitude of off-farm inputs used; and the amount 3.10of nonrenewable resources used by Minnesota farmers; 3.11(2) a description of current state or federal programs directed toward sustainable 3.12agriculture including significant results and experiences of those programs; 3.13(3) a description of specific actions the Department of Agriculture is taking in the 3.14area of sustainable agriculture, including, but not limited to, specific actions to strengthen 3.15the connection between sustainable farmers and consumers under paragraph (a), clause (8); 3.16(4) a description of current and future research needs at all levels in the area of 3.17sustainable agriculture; and 3.18(5) suggestions for changes in existing programs or policies or enactment of new 3.19programs or policies that will affect farm profitability, maintain soil and water quality, 3.20reduce input costs, or lessen dependence upon nonrenewable resources. 3.21    Sec. 3. Minnesota Statutes 2010, section 17.114, subdivision 4, is amended to read: 3.22    Subd. 4. Integrated pest management. (a) The state shall promote and facilitate 3.23the use of integrated pest management through education, technical or financial assistance, 3.24information and research. 3.25(b) The commissioner shall coordinate the development of a state approach to the 3.26promotion and use of integrated pest management, which shall include delineation of 3.27the responsibilities of the state, public postsecondary institutions, Minnesota Extension 3.28Service, local units of government, and the private sector; establishment of information 3.29exchange and integration; procedures for identifying research needs and reviewing and 3.30preparing informational materials; procedures for factoring integrated pest management 3.31into state laws, rules, and uses of pesticides; and identification of barriers to adoption. 3.32(c) The commissioner shall report to the Environmental Quality Board for review 3.33and then to the house of representatives and senate committees with jurisdiction over the 3.34environment, natural resources, and agriculture every even-numbered year. The report 3.35shall be combined with the report required in subdivision 3. 4.1    Sec. 4. Minnesota Statutes 2010, section 18B.065, subdivision 2a, is amended to read: 4.2    Subd. 2a. Disposal site requirement. (a) For agricultural waste pesticides, the 4.3commissioner must designate a place in each county of the state that is available at least 4.4every other year for persons to dispose of unused portions of agricultural pesticides. The 4.5commissioner shall consult with the person responsible for solid waste management 4.6and disposal in each county to determine an appropriate location and to advertise each 4.7collection event. The commissioner may provide a collection opportunity in a county 4.8more frequently if the commissioner determines that a collection is warranted. 4.9    (b) For nonagricultural waste pesticides, the commissioner must provide a disposal 4.10opportunity each year in each county new text begin or enter into a contract with a group of counties new text end 4.11 new text begin under a joint powers agreement or contract for household hazardous waste disposal new text end . 4.12(c) As provided under subdivision 7, the commissioner may enter into cooperative 4.13agreements with local units of government to provide the collections required under 4.14paragraph (a) or (b) and shall provide a local unit of government, as part of the cooperative 4.15agreement, with funding for reasonable costs incurred including, but not limited to, related 4.16supplies, transportation, advertising, and disposal costs as well as reasonable overhead 4.17costs. 4.18    (d) A person who collects waste pesticide under this section shall, on a form 4.19provided or in a method approved by the commissioner, record information on each 4.20waste pesticide product collected including, but not limited to, the quantity collected 4.21and either the product name and its active ingredient or ingredients or the United States 4.22Environmental Protection Agency registration number. The person must submit this 4.23information to the commissioner at least annually by January 30. 4.24    Sec. 5. Minnesota Statutes 2010, section 18B.065, is amended by adding a subdivision 4.25to read: 4.26     new text begin Subd. 10. new text end new text begin Indemnification. new text end new text begin (a) A local unit of government, when operating or new text end 4.27 new text begin participating in a waste pesticide collection program pursuant to a cooperative agreement new text end 4.28 new text begin with the commissioner under this section, is an employee of the state, certified to be new text end 4.29 new text begin acting within the scope of employment, for purposes of the indemnification provisions of new text end 4.30 new text begin section 3.736, subdivision 9, for claims that arise out of the transportation, management, new text end 4.31 new text begin or disposal of any waste pesticide covered by the agreement: new text end 4.32 new text begin (1) from and after the time the waste permanently leaves the local unit of new text end 4.33 new text begin government's possession and comes into the possession of the state's authorized new text end 4.34 new text begin transporter; and new text end 5.1 new text begin (2) during the time the waste is transported between the local unit of government new text end 5.2 new text begin facilities by the state's authorized transporter. new text end 5.3 new text begin (b) The state is not obligated to defend or indemnify a local unit of government under new text end 5.4 new text begin this subdivision to the extent of the local unit of government's liability insurance. The new text end 5.5 new text begin local unit of government's right to indemnify is not a waiver of the limitation, defenses, new text end 5.6 new text begin and immunities available to either the local unit of government or the state by law. new text end 5.7    Sec. 6. Minnesota Statutes 2010, section 18B.316, subdivision 6, is amended to read: 5.8    Subd. 6. Agricultural pesticide sales invoices. new text begin (a) new text end Sales invoices for agricultural 5.9pesticides sold in or into this state by a licensed agricultural pesticide dealer or a pesticide 5.10dealer under this section must show the percent of gross sales fee rate assessed and the 5.11gross sales fee paid under section 18B.26, subdivision 3, paragraph (c). 5.12 new text begin (b) A licensed agricultural pesticide dealer or a pesticide dealer may request an new text end 5.13 new text begin exemption from paragraph (a). The request for exemption must be in writing to the new text end 5.14 new text begin commissioner and must include verifiable information to justify that compliance with new text end 5.15 new text begin paragraph (a) is an extreme business hardship for the licensed agricultural pesticide dealer new text end 5.16 new text begin or pesticide dealer. The commissioner may approve or reject a request for exemption new text end 5.17 new text begin based upon review of the submitted information. An approved exemption under this new text end 5.18 new text begin paragraph is valid for one calendar year. The commissioner must maintain a list of those new text end 5.19 new text begin licensed agricultural pesticide dealers or pesticide dealers that have been granted an new text end 5.20 new text begin exemption on the department's Web site. new text end 5.21 new text begin (c) A licensed agricultural pesticide dealer or a pesticide dealer issued an exemption new text end 5.22 new text begin under paragraph (b) must include the following statement on each sales invoice for any new text end 5.23 new text begin sale of an agricultural pesticide: "Minnesota Department of Agriculture Annual Gross new text end 5.24 new text begin Sales Fees of 0.55% have been Assessed and Paid on the Sale of an Agricultural Pesticide." new text end 5.25 new text begin (d) new text end Only the person who actually will pay the gross sales fee may show the rate or 5.26the amount of the fee as a line item on the sales invoice. 5.27    Sec. 7. Minnesota Statutes 2010, section 18G.02, subdivision 14, is amended to read: 5.28    Subd. 14. Infested. "Infested" means a plant has been overrun by plant pests, 5.29including weeds new text begin , or contains or harbors plant pests in a quantity that may threaten other new text end 5.30 new text begin plants new text end . 5.31    Sec. 8. Minnesota Statutes 2010, section 18G.07, subdivision 1, is amended to read: 5.32    Subdivision 1. Creation of registry. (a) The commissioner shall maintain a list of 5.33all persons new text begin , businesses, new text end and companies that new text begin employ persons who new text end provide tree care or tree 6.1trimming services in Minnesota. All new text begin commercial new text end tree care providers, tree trimmers, and 6.2persons who new text begin employers that direct employees to new text end remove trees, limbs, branches, brush, or 6.3shrubs for hire must be registered by new text begin with new text end the commissioner. 6.4(b) Persons or companies who are required to be registered under paragraph (a) must 6.5register annually by providing the following to the commissioner: 6.6(1) accurate and up-to-date business name, address, and telephone number; 6.7(2) a complete list of all Minnesota counties in which they work; and 6.8(3) a nonrefundable fee of $25 for initial application or renewing the registration. 6.9(c) All persons and companies required to be registered under paragraph (a) must 6.10register before conducting the activities specified in paragraph (a). Annual registration 6.11expires December 31, must be renewed annually, and the renewal fee remitted by January 6.127 new text begin 1 new text end of the year for which it is issued. In addition, a penalty of ten percent of the renewal fee 6.13due must be charged for each month, or portion of a month, that the fee is delinquent up to 6.14a maximum of 30 percent for any application for renewal postmarked after December 31. 6.15    Sec. 9. Minnesota Statutes 2010, section 18G.10, subdivision 7, is amended to read: 6.16    Subd. 7. Supplemental, additional, or other certificates and permits. (a) The 6.17commissioner may provide inspection, sampling, or certification services to ensure 6.18that Minnesota new text begin plant treatment processes, new text end plant products new text begin , new text end or commodities meet import 6.19requirements of other states or countries. 6.20(b) The state plant regulatory official may issue permits and certificates verifying that 6.21various Minnesota agricultural new text begin plant treatment processes, new text end products new text begin , new text end or commodities meet 6.22specified plant health requirements, treatment requirements, or pest absence assurances 6.23based on determinations by the commissioner. 6.24    Sec. 10. Minnesota Statutes 2010, section 18G.10, is amended by adding a subdivision 6.25to read: 6.26     new text begin Subd. 8. new text end new text begin Misuse of a certificate or permit. new text end new text begin (a) Certificates and permits may not be new text end 6.27 new text begin altered, counterfeited, obtained, or used improperly, for any plant product. new text end 6.28 new text begin (b) Certificates and permits are not transferable to another location or another person. new text end 6.29    Sec. 11. Minnesota Statutes 2010, section 18H.02, subdivision 14, is amended to read: 6.30    Subd. 14. Infested. "Infested" means a plant has been overrun by plant pests, 6.31including weeds new text begin , or contains or harbors plant pests in a quantity that may threaten other new text end 6.32 new text begin plants new text end . 7.1    Sec. 12. Minnesota Statutes 2010, section 18H.02, is amended by adding a subdivision 7.2to read: 7.3     new text begin Subd. 16a. new text end new text begin Nonhardy. new text end new text begin "Nonhardy" means a plant that cannot be expected to new text end 7.4 new text begin survive or reliably produce flowers and fruit in average minimum winter temperatures new text end 7.5 new text begin at the growing site as determined by the commissioner based upon independent field new text end 7.6 new text begin trials and industry input represented by the United States Department of Agriculture new text end 7.7 new text begin Plant Hardiness Zone designations. new text end 7.8    Sec. 13. Minnesota Statutes 2010, section 18H.10, is amended to read: 7.918H.10 STORAGE OF NURSERY STOCK. 7.10 new text begin (a) new text end All nursery stock must be kept and displayed under conditions of temperature, 7.11light, and moisture sufficient to maintain the viability and vigor of the nursery stock. 7.12 new text begin (b) new text end Packaged dormant nursery stock must be stored under conditions that retard 7.13growth, prevent etiolated growth, and protect its viability. 7.14 new text begin (c) Balled and burlapped nursery stock being held for sale to the public must be kept new text end 7.15 new text begin in a moisture-holding material approved by the commissioner and not toxic to plants. new text end 7.16 new text begin The moisture-holding material must adequately cover and protect the ball of earth and new text end 7.17 new text begin must be kept moist at all times. new text end 7.18    Sec. 14. Minnesota Statutes 2010, section 18H.14, is amended to read: 7.1918H.14 LABELING AND ADVERTISING OF NURSERY STOCK. 7.20(a) Plants, plant materials, or nursery stock must not be labeled or advertised with 7.21false or misleading information including, but not limited to, scientific name, variety, 7.22place of origin, hardiness zone as defined by the United States Department of Agriculture, 7.23and growth habit. 7.24 new text begin (b) All nonhardy nursery stock as designated by the commissioner must be labeled new text end 7.25 new text begin "nonhardy" in Minnesota. new text end 7.26(b) new text begin (c) new text end A person may not offer for distribution plants, plant materials, or nursery 7.27stock, represented by some specific or special form of notation, including, but not limited 7.28to, "free from" or "grown free of," unless the plants are produced under a specific program 7.29approved by the commissioner to address the specific plant properties addressed in the 7.30special notation claim. 7.31 new text begin (d) Nursery stock collected from the wild state must be inspected and certified new text end 7.32 new text begin prior to sale and at the time of sale must be labeled "Collected from the Wild." The label new text end 7.33 new text begin must remain on each plant or clump of plants while it is offered for sale and during the new text end 8.1 new text begin distribution process. The collected stock may be grown in nursery rows at least two years, new text end 8.2 new text begin after which the plants may be sold without the labeling required by this paragraph. new text end 8.3    Sec. 15. Minnesota Statutes 2010, section 18J.01, is amended to read: 8.418J.01 DEFINITIONS. 8.5(a) The definitions in sections 18G.02 and new text begin , new text end 18H.02 new text begin , 27.01, 223.16, 231.01, and new text end 8.6 new text begin 232.21 new text end apply to this chapter. 8.7(b) For purposes of this chapter, "associated rules" means rules adopted under this 8.8chapter, chapter 18G or new text begin , new text end 18H, new text begin 27, 223, 231, or 232, new text end or sections 21.80 to 21.92. 8.9    Sec. 16. Minnesota Statutes 2010, section 18J.02, is amended to read: 8.1018J.02 DUTIES OF COMMISSIONER. 8.11The commissioner shall administer and enforce this chapter, chapters 18G and new text begin , new text end 18H, 8.12 new text begin 27, 223, 231, and 232; new text end sections 21.80 to 21.92, new text begin ; new text end and associated rules. 8.13    Sec. 17. Minnesota Statutes 2010, section 18J.03, is amended to read: 8.1418J.03 CIVIL LIABILITY. 8.15A person regulated by this chapter, chapter 18G or new text begin , new text end 18H, new text begin 27, 223, 231, or 232, new text end 8.16or sections 21.80 to 21.92, is civilly liable for any violation of one of those statutes or 8.17associated rules by the person's employee or agent. 8.18    Sec. 18. Minnesota Statutes 2010, section 18J.04, subdivision 1, is amended to read: 8.19    Subdivision 1. Access and entry. The commissioner, upon presentation of official 8.20department credentials, must be granted immediate access at reasonable times to sites 8.21where a person manufactures, distributes, uses, handles, disposes of, stores, or transports 8.22seeds, plants, new text begin grain, household goods, general merchandise, produce, new text end or other living or 8.23nonliving products or other objects regulated under chapter 18G or new text begin , new text end 18H, new text begin 27, 223, 231, or new text end 8.24 new text begin 232; new text end sections 21.80 to 21.92, new text begin ; new text end or associated rules. 8.25    Sec. 19. Minnesota Statutes 2010, section 18J.04, subdivision 2, is amended to read: 8.26    Subd. 2. Purpose of entry. (a) The commissioner may enter sites for: 8.27(1) inspection of inventory and equipment for the manufacture, storage, handling, 8.28distribution, disposal, or any other process regulated under chapter 18G or new text begin , new text end 18H, new text begin 27, 223, new text end 8.29 new text begin 231, or 232; new text end sections 21.80 to 21.92, new text begin ; new text end or associated rules; 9.1(2) sampling of sites, seeds, plants, products, new text begin grain, household goods, general new text end 9.2 new text begin merchandise, produce, new text end or other living or nonliving objects that are manufactured, stored, 9.3distributed, handled, or disposed of at those sites and regulated under chapter 18G or new text begin , new text end 9.418H, new text begin 27, 223, 231, or 232; new text end sections 21.80 to 21.92, new text begin ; new text end or associated rules; 9.5(3) inspection of records related to the manufacture, distribution, storage, handling, 9.6or disposal of seeds, plants, products, new text begin grain, household goods, general merchandise, new text end 9.7 new text begin produce, new text end or other living or nonliving objects regulated under chapter 18G or new text begin , new text end 18H, new text begin 27, new text end 9.8 new text begin 223, 231, or 232; new text end sections 21.80 to 21.92, new text begin ; new text end or associated rules; 9.9(4) investigating compliance with chapter 18G or new text begin , new text end 18H, new text begin 27, 223, 231, or 232; new text end 9.10sections 21.80 to 21.92, new text begin ; new text end or associated rules; or 9.11(5) other purposes necessary to implement chapter 18G or new text begin , new text end 18H, new text begin 27, 223, 231, or new text end 9.12 new text begin 232; new text end sections 21.80 to 21.92, new text begin ; new text end or associated rules. 9.13(b) The commissioner may enter any public or private premises during or after 9.14regular business hours without notice of inspection when a suspected violation of chapter 9.1518G or new text begin , new text end 18H, new text begin 27, 223, 231, or 232; new text end sections 21.80 to 21.92, new text begin ; new text end or associated rules may 9.16threaten public health or the environment. 9.17    Sec. 20. Minnesota Statutes 2010, section 18J.04, subdivision 3, is amended to read: 9.18    Subd. 3. Notice of inspection samples and analyses. (a) The commissioner shall 9.19provide the owner, operator, or agent in charge with a receipt describing any samples 9.20obtained. If requested, the commissioner shall split any samples obtained and provide 9.21them to the owner, operator, or agent in charge. If an analysis is made of the samples, 9.22a copy of the results of the analysis must be furnished to the owner, operator, or agent 9.23in charge within 30 days after an analysis has been performed. If an analysis is not 9.24performed, the commissioner must notify the owner, operator, or agent in charge within 30 9.25days of the decision not to perform the analysis. 9.26(b) The sampling and analysis must be done according to methods provided for 9.27under applicable provisions of chapter 18G or new text begin , new text end 18H, new text begin 27, 223, 231, or 232; new text end sections 21.80 9.28to 21.92, new text begin ; new text end or associated rules. In cases not covered by those sections and methods or in 9.29cases where methods are available in which improved applicability has been demonstrated 9.30the commissioner may adopt appropriate methods from other sources. 9.31    Sec. 21. Minnesota Statutes 2010, section 18J.04, subdivision 4, is amended to read: 9.32    Subd. 4. Inspection requests by others. (a) A person who believes that a violation 9.33of chapter 18G or new text begin , new text end 18H, new text begin 27, 223, 231, or 232; new text end sections 21.80 to 21.92, new text begin ; new text end or associated 9.34rules has occurred may request an inspection by giving notice to the commissioner of the 10.1violation. The notice must be in writing, state with reasonable particularity the grounds 10.2for the notice, and be signed by the person making the request. 10.3(b) If after receiving a notice of violation the commissioner reasonably believes that 10.4a violation has occurred, the commissioner shall make a special inspection in accordance 10.5with the provisions of this section as soon as practicable, to determine if a violation has 10.6occurred. 10.7(c) An inspection conducted pursuant to a notice under this subdivision may cover 10.8an entire site and is not limited to the portion of the site specified in the notice. If the 10.9commissioner determines that reasonable grounds to believe that a violation occurred 10.10do not exist, the commissioner must notify the person making the request in writing of 10.11the determination. 10.12    Sec. 22. Minnesota Statutes 2010, section 18J.05, subdivision 1, is amended to read: 10.13    Subdivision 1. Enforcement required. (a) A violation of chapter 18G or new text begin , new text end 18H, new text begin 27, new text end 10.14 new text begin 223, 231, or 232; new text end sections 21.80 to 21.92, new text begin ; new text end or an associated rule is a violation of this 10.15chapter. 10.16(b) Upon the request of the commissioner, county attorneys, sheriffs, and other 10.17officers having authority in the enforcement of the general criminal laws must take action 10.18to the extent of their authority necessary or proper for the enforcement of chapter 18G or new text begin , new text end 10.1918H, new text begin 27, 223, 231, or 232; new text end sections 21.80 to 21.92, new text begin ; new text end or associated rules or valid orders, 10.20standards, stipulations, and agreements of the commissioner. 10.21    Sec. 23. Minnesota Statutes 2010, section 18J.05, subdivision 2, is amended to read: 10.22    Subd. 2. Commissioner's discretion. If minor violations of chapter 18G or new text begin , new text end 10.2318H, new text begin 27, 223, 231, or 232; new text end sections 21.80 to 21.92, new text begin ; new text end or associated rules occur or the 10.24commissioner believes the public interest will be best served by a suitable notice of 10.25warning in writing, this section does not require the commissioner to: 10.26(1) report the violation for prosecution; 10.27(2) institute seizure proceedings; or 10.28(3) issue a withdrawal from distribution, stop-sale, or other order. 10.29    Sec. 24. Minnesota Statutes 2010, section 18J.05, subdivision 6, is amended to read: 10.30    Subd. 6. Agent for service of process. All persons licensed, permitted, registered, 10.31or certified under chapter 18G or new text begin , new text end 18H, new text begin 27, 223, 231, or 232; new text end sections 21.80 to 21.92, new text begin ; new text end or 10.32associated rules must appoint the commissioner as the agent upon whom all legal process 11.1may be served and service upon the commissioner is deemed to be service on the licensee, 11.2permittee, registrant, or certified person. 11.3    Sec. 25. Minnesota Statutes 2010, section 18J.06, is amended to read: 11.418J.06 FALSE STATEMENT OR RECORD. 11.5A person must not knowingly make or offer a false statement, record, or other 11.6information as part of: 11.7(1) an application for registration, license, certification, or permit under chapter 18G 11.8or new text begin , new text end 18H, new text begin 27, 223, 231, or 232; new text end sections 21.80 to 21.92, new text begin ; new text end or associated rules; 11.9(2) records or reports required under chapter 18G or new text begin , new text end 18H, new text begin 27, 223, 231, or 232; new text end 11.10sections 21.80 to 21.92, new text begin ; new text end or associated rules; or 11.11(3) an investigation of a violation of chapter 18G or new text begin , new text end 18H, new text begin 27, 223, 231, or 232; new text end 11.12sections 21.80 to 21.92, new text begin ; new text end or associated rules. 11.13    Sec. 26. Minnesota Statutes 2010, section 18J.07, subdivision 3, is amended to read: 11.14    Subd. 3. Cancellation of registration, permit, license, certification. The 11.15commissioner may cancel or revoke a registration, permit, license, or certification 11.16provided for under chapter 18G or new text begin , new text end 18H, new text begin 27, 223, 231, or 232; new text end sections 21.80 to 21.92, new text begin ; new text end 11.17or associated rules or refuse to register, permit, license, or certify under provisions of 11.18chapter 18G or new text begin , new text end 18H, new text begin 27, 223, 231, or 232; new text end sections 21.80 to 21.92, new text begin ; new text end or associated rules 11.19if the registrant, permittee, licensee, or certified person has used fraudulent or deceptive 11.20practices in the evasion or attempted evasion of a provision of chapter 18G or new text begin , new text end 18H, new text begin 27, new text end 11.21 new text begin 223, 231, or 232; new text end sections 21.80 to 21.92, new text begin ; new text end or associated rules. 11.22    Sec. 27. Minnesota Statutes 2010, section 18J.07, subdivision 4, is amended to read: 11.23    Subd. 4. Service of order or notice. (a) If a person is not available for service of an 11.24order, the commissioner may attach the order to the facility, site, seed or seed container, 11.25plant or other living or nonliving object regulated under chapter 18G or new text begin , new text end 18H, new text begin 27, 223, new text end 11.26 new text begin 231, or 232; new text end sections 21.80 to 21.92, new text begin ; new text end or associated rules and notify the owner, custodian, 11.27other responsible party, or registrant. 11.28(b) The seed, seed container, plant, or other living or nonliving object regulated 11.29under chapter 18G or new text begin , new text end 18H, new text begin 27, 223, 231, or 232; new text end sections 21.80 to 21.92, new text begin ; new text end or associated 11.30rules may not be sold, used, tampered with, or removed until released under conditions 11.31specified by the commissioner, by an administrative law judge, or by a court. 11.32    Sec. 28. Minnesota Statutes 2010, section 18J.07, subdivision 5, is amended to read: 12.1    Subd. 5. Unsatisfied judgments. (a) An applicant for a license, permit, registration, 12.2or certification under provisions of this chapter, chapter 18G or new text begin , new text end 18H, new text begin 27, 223, 231, or new text end 12.3 new text begin 232; new text end sections 21.80 to 21.92, new text begin ; new text end or associated rules may not allow a final judgment against 12.4the applicant for damages arising from a violation of those statutes or rules to remain 12.5unsatisfied for a period of more than 30 days. 12.6(b) Failure to satisfy, within 30 days, a final judgment resulting from a violation 12.7of this chapter results in automatic suspension of the license, permit, registration, or 12.8certification. 12.9    Sec. 29. Minnesota Statutes 2010, section 21.82, subdivision 7, is amended to read: 12.10    Subd. 7. Vegetable seeds. For vegetable seeds prepared for use in home gardens 12.11or household plantings the requirements in paragraphs (a) to (p) apply. Vegetable seeds 12.12packed for sale in commercial quantities to farmers, conservation groups, and other similar 12.13entities are considered agricultural seeds and must be labeled accordingly. 12.14(a) The label must contain the name of the kind or kind and variety for each seed 12.15component in excess of five percent of the whole and the percentage by weight of each 12.16in order of its predominance. If the variety of those kinds generally labeled as to variety 12.17is not stated and it is not required to be stated, the label must show the name of the kind 12.18and the words "variety not stated." 12.19(b) The percentage that is hybrid must be at least 95 percent of the percentage of pure 12.20seed shown unless the percentage of pure seed which is hybrid seed is shown separately. 12.21If two or more kinds of varieties are present in excess of five percent and are named on 12.22the label, each that is hybrid must be designated as hybrid on the label. Any one kind or 12.23kind and variety that has pure seed that is less than 95 percent but more than 75 percent 12.24hybrid seed as a result of incompletely controlled pollination in a cross must be labeled 12.25to show the percentage of pure seed that is hybrid seed or a statement such as "contains 12.26from 75 percent to 95 percent hybrid seed." No one kind or variety of seed may be labeled 12.27as hybrid if the pure seed contains less than 75 percent hybrid seed. The word "hybrid" 12.28must be shown on the label in conjunction with the kind. 12.29(c) Blends must be listed on the label using the term "blend" in conjunction with 12.30the kind. 12.31(d) Mixtures shall be listed on the label using the term "mixture," "mix," or "mixed." 12.32(e) The label must show a lot number or other lot identification. 12.33(f) The origin may be omitted from the label. 12.34(g) The label must show the year for which the seed was packed for sale listed as 12.35"packed for (year)" for seed with a percentage of germination that exceeds the standard last 13.1established by the commissioner, the percentage of germination and the calendar month 13.2and year that the percentages were determined by test, or the calendar month and year the 13.3germination test was completed and the statement "sell by (month and year listed here)," 13.4which may be no more than 12 months from the date of test, exclusive of the month of test. 13.5(h) For vegetable seeds which germinate less than the standard last established by 13.6the commissioner, the label must show: 13.7(1) a percentage of germination, exclusive of hard or dormant seed or both; 13.8(2) a percentage of hard or dormant seed or both, if present; and 13.9(3) the words "below standard" in not less than eight point type and the month and 13.10year the percentages were determined by test. 13.11(i) The net weight of the contents new text begin or a statement indicating the number of seeds in new text end 13.12 new text begin the container or both, new text end must appear on either the container or the label, except that for 13.13containers with contents of 200 seeds or less a statement indicating the number of seeds in 13.14the container may be listed along with or in lieu of the net weight of contents. 13.15(j) The heading for and percentage by weight of pure seed may be omitted from a 13.16label if the total is more than 90 percent. 13.17(k) The heading for and percentage by weight of weed seed may be omitted from a 13.18label if they are not present in the seed. 13.19(l) The heading "noxious weed seeds" may be omitted from a label if they are not 13.20present in the seed. 13.21(m) The heading for and percentage by weight of other crop seed may be omitted 13.22from a label if it is less than five percent. 13.23(n) The heading for and percentage by weight of inert matter may be omitted from a 13.24label if it is less than ten percent. 13.25(o) The label must contain the name and address of the person who labeled the 13.26seed or who sells the seed in this state or a code number that has been registered with 13.27the commissioner. 13.28(p) The labeling requirements for vegetable seeds prepared for use in home gardens 13.29or household plantings when sold outside their original containers are met if the seed is 13.30weighed from a properly labeled container in the presence of the purchaser. 13.31    Sec. 30. Minnesota Statutes 2010, section 21.82, subdivision 8, is amended to read: 13.32    Subd. 8. Flower seeds. For flower and wildflower seeds prepared for use in home 13.33gardens or household plantings, the requirements in paragraphs (a) to (l) apply. Flower 13.34and wildflower seeds packed for sale in commercial quantities to farmers, conservation 14.1groups, and other similar entities are considered agricultural seeds and must be labeled 14.2accordingly. 14.3(a) The label must contain the name of the kind and variety or a statement of type 14.4and performance characteristics as prescribed by rule. 14.5(b) The percentage that is hybrid must be at least 95 percent of the percentage of pure 14.6seed shown unless the percentage of pure seed which is hybrid seed is shown separately. 14.7If two or more kinds of varieties are present in excess of five percent and are named on 14.8the label, each that is hybrid must be designated as hybrid on the label. Any one kind or 14.9kind and variety that has pure seed that is less than 95 percent but more than 75 percent 14.10hybrid seed as a result of incompletely controlled pollination in a cross must be labeled 14.11to show the percentage of pure seed that is hybrid seed or a statement such as "contains 14.12from 75 percent to 95 percent hybrid seed." No one kind or variety of seed may be labeled 14.13as hybrid if the pure seed contains less than 75 percent hybrid seed. The word "hybrid" 14.14must be shown on the label in conjunction with the kind. 14.15(c) Blends must be listed on the label using the term "blend" in conjunction with 14.16the kind. 14.17(d) Mixtures must be listed on the label using the term "mixture," "mix," or "mixed." 14.18(e) The label must contain the lot number or other lot identification. 14.19(f) The origin may be omitted from the label. 14.20(g) The label must contain the year for which the seed was packed for sale listed as 14.21"packed for (year)" for seed with a percentage of germination that exceeds the standard last 14.22established by the commissioner, the percentage of germination and the calendar month 14.23and year that the percentages were determined by test, or the calendar month and year the 14.24germination test was completed and the statement "sell by (month and year listed here)," 14.25which may be no more than 12 months from the date of test, exclusive of the month of test. 14.26(h) For flower seeds which germinate less than the standard last established by 14.27the commissioner, the label must show: 14.28(1) percentage of germination exclusive of hard or dormant seed or both; 14.29(2) percentage of hard or dormant seed or both, if present; and 14.30(3) the words "below standard" in not less than eight point type and the month and 14.31year this percentage was determined by test. 14.32(i) The label must show the net weight of contents new text begin or a statement indicating the new text end 14.33 new text begin number of seeds in the container, or both, new text end on either the container or the label, except that 14.34for containers with contents of 200 seeds or less a statement indicating the number of 14.35seeds in the container may be listed along with or in lieu of the net weight of contents. 15.1(j) The heading for and percentage by weight of pure seed may be omitted from a 15.2label if the total is more than 90 percent. 15.3(k) The heading for and percentage by weight of weed seed may be omitted from a 15.4label if they are not present in the seed. 15.5(l) The heading "noxious weed seeds" may be omitted from a label if they are not 15.6present in the seed. 15.7(m) The heading for and percentage by weight of other crop seed may be omitted 15.8from a label if it is less than five percent. 15.9(n) The heading for and percentage by weight of inert matter may be omitted from a 15.10label if it is less than ten percent. 15.11(o) The label must show the name and address of the person who labeled the seed 15.12or who sells the seed within this state, or a code number which has been registered with 15.13the commissioner. 15.14    Sec. 31. Minnesota Statutes 2010, section 25.33, subdivision 3, is amended to read: 15.15    Subd. 3. Distribute. "Distribute" means to offer for sale, sell, exchange, or 15.16barter, new text begin or otherwise supply new text end commercial feed; or to supply, furnish, or otherwise provide 15.17commercial feed to a contract feeder. new text begin The term "distribute" shall not include or apply to new text end 15.18 new text begin any feeds manufactured for livestock owned by the distributor. new text end 15.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from January 1, new text end 15.20 new text begin 2012, and applies to commercial feed inspection fees assessed by the commissioner of new text end 15.21 new text begin agriculture for calendar year 2012 and thereafter. new text end 15.22    Sec. 32. new text begin [31.1211] LABELING CERTAIN TREATED GROUND BEEF. new text end 15.23 new text begin (a) A person selling ground beef to schools must disclose if it contains lean finely new text end 15.24 new text begin textured beef or boneless lean beef trimmings treated with ammonia gas or citric acid. new text end 15.25 new text begin (b) Ground beef sold to the public at retail that contains lean finely textured beef new text end 15.26 new text begin or boneless lean beef trimmings treated with ammonia gas or citric acid shall be labeled new text end 15.27 new text begin stating that fact. new text end 15.28    Sec. 33. Minnesota Statutes 2010, section 31.13, is amended to read: 15.2931.13 ANALYSIS; EVIDENCE. 15.30It shall be the duty of the chief chemist and assistants new text begin laboratory director, managers, new text end 15.31 new text begin and analysts new text end to make analyses and examinations of such articles as shall be furnished 15.32to them by the commissioner, for the purpose of determining from such examination 16.1whether such articles are adulterated, misbranded, insufficiently labeled, unwholesome, 16.2poisonous, or deleterious and whether such articles have been manufactured, used, sold, 16.3transported, offered for use, sale, or transportation, or had in possession with intent to use, 16.4sell, or transport in violation of any law now or hereafter enacted relating to food, or of 16.5any definition, standard, rule, or ruling made and published thereunder, and to certify the 16.6result of such analysis and examination to the commissioner. A copy of the result of the 16.7examination or analysis of any such article, duly authenticated, by the chemist new text begin analyst new text end 16.8making such analysis new text begin determinations new text end or examination, under oath of such chemist new text begin analyst new text end , 16.9shall be prima facie evidence in all courts of the matters and facts therein contained. 16.10    Sec. 34. Minnesota Statutes 2010, section 31.94, is amended to read: 16.1131.94 COMMISSIONER DUTIES. 16.12(a) In order to promote opportunities for organic agriculture in Minnesota, the 16.13commissioner shall: 16.14(1) survey producers and support services and organizations to determine 16.15information and research needs in the area of organic agriculture practices; 16.16(2) work with the University of Minnesota to demonstrate the on-farm applicability 16.17of organic agriculture practices to conditions in this state; 16.18(3) direct the programs of the department so as to work toward the promotion of 16.19organic agriculture in this state; 16.20(4) inform agencies of how state or federal programs could utilize and support 16.21organic agriculture practices; and 16.22(5) work closely with producers, the University of Minnesota, the Minnesota Trade 16.23Office, and other appropriate organizations to identify opportunities and needs as well 16.24as ensure coordination and avoid duplication of state agency efforts regarding research, 16.25teaching, marketing, and extension work relating to organic agriculture. 16.26(b) By November 15 of each even-numbered year new text begin that ends in a zero or a five, new text end the 16.27commissioner, in conjunction with the task force created in paragraph (c), shall report 16.28on the status of organic agriculture in Minnesota to the legislative policy and finance 16.29committees and divisions with jurisdiction over agriculture. The report must include: new text begin new text end 16.30 new text begin available data on organic acreage and production, available data on the sales or market new text end 16.31 new text begin performance of organic products, and recommendations regarding programs, policies, and new text end 16.32 new text begin research efforts that will benefit Minnesota's organic agriculture sector. new text end 16.33(1) a description of current state or federal programs directed toward organic 16.34agriculture, including significant results and experiences of those programs; 17.1(2) a description of specific actions the department of agriculture is taking in the 17.2area of organic agriculture, including the proportion of the department's budget spent on 17.3organic agriculture; 17.4(3) a description of current and future research needs at all levels in the area of 17.5organic agriculture; 17.6(4) suggestions for changes in existing programs or policies or enactment of new 17.7programs or policies that will affect organic agriculture; 17.8(5) a description of market trends and potential for organic products; 17.9(6) available information, using currently reliable data, on the price received, yield, 17.10and profitability of organic farms, and a comparison with data on conventional farms; and 17.11(7) available information, using currently reliable data, on the positive and negative 17.12impacts of organic production on the environment and human health. 17.13(c) A Minnesota Organic Advisory Task Force shall advise the commissioner and the 17.14University of Minnesota on policies and programs that will improve organic agriculture in 17.15Minnesota, including how available resources can most effectively be used for outreach, 17.16education, research, and technical assistance that meet the needs of the organic agriculture 17.17community. The task force must consist of the following residents of the state: 17.18(1) three farmers using organic agriculture methods; 17.19(2) one wholesaler or distributor of organic products; 17.20(3) one representative of organic certification agencies; 17.21(4) two organic processors; 17.22(5) one representative from University of Minnesota Extension; 17.23(6) one University of Minnesota faculty member; 17.24(7) one representative from a nonprofit organization representing producers; 17.25(8) two public members; 17.26(9) one representative from the United States Department of Agriculture; 17.27(10) one retailer of organic products; and 17.28(11) one organic consumer representative. 17.29The commissioner, in consultation with the director of the Minnesota Agricultural 17.30Experiment Station; the dean and director of University of Minnesota Extension; and the 17.31dean of the College of Food, Agricultural and Natural Resource Sciences shall appoint 17.32members to serve staggered two-year terms. 17.33Compensation and removal of members are governed by section 15.059, subdivision 17.346 . The task force must meet at least twice each year and expires on June 30, 2013. 17.35(d) For the purposes of expanding, improving, and developing production and 17.36marketing of the organic products of Minnesota agriculture, the commissioner may 18.1receive funds from state and federal sources and spend them, including through grants or 18.2contracts, to assist producers and processors to achieve certification, to conduct education 18.3or marketing activities, to enter into research and development partnerships, or to address 18.4production or marketing obstacles to the growth and well-being of the industry. 18.5(e) The commissioner may facilitate the registration of state organic production 18.6and handling operations including those exempt from organic certification according to 18.7Code of Federal Regulations, title 7, section 205.101, and certification agents operating 18.8within the state. 18.9    Sec. 35. Minnesota Statutes 2010, section 35.0661, subdivision 2, is amended to read: 18.10    Subd. 2. Quarantine zones. Upon an emergency declaration by the governor 18.11under subdivision 1, the board or any licensed veterinarian designated by the board may 18.12establish quarantine zones of control in any area where a specific animal is deemed by a 18.13licensed veterinarian as likely to be infected with the disease based on an actual veterinary 18.14examination or laboratory testing. Quarantine zones of control new text begin to restrict the movement of new text end 18.15 new text begin livestock new text end must be the smallest size practicable to prevent the spread of disease and must 18.16exist for the shortest duration consistent with effective disease control. A quarantine zone 18.17of control must not extend beyond a radius of three miles from an animal deemed as likely 18.18to be infected with the disease, unless the board has adopted a rule regarding a specific 18.19disease requiring a larger quarantine zone of control. 18.20    Sec. 36. Minnesota Statutes 2010, section 35.0661, subdivision 3, is amended to read: 18.21    Subd. 3. Restrictions on movement out of quarantine zones. (a) The board may 18.22issue orders restricting the movement of persons, livestock, machinery, and personal 18.23property out of zones new text begin off infected premises new text end designated by the board as quarantined under 18.24subdivision 2. The executive director of the board or any licensed veterinarian designated 18.25by the board may issue the orders. An order may be issued upon a determination that 18.26reasonable cause exists to believe that the movement of persons or personal property out 18.27of a quarantine zone will reasonably threaten to transport a dangerous, infectious, or 18.28communicable disease outside of the quarantine zone. 18.29(b) The order must be served upon any person subject to the order. The restrictions 18.30sought by the board on movement out of a quarantine zone must be limited to the greatest 18.31extent possible consistent with the paramount disease control objectives as determined by 18.32the board. An order under this section may be served on any day at any time. The order 18.33must include a notice of the person's rights under this section, including the ability to enter 19.1into an agreement to abide by disease control measures under paragraph (c) and the right 19.2to request a court hearing under paragraph (d). 19.3(c) No person may be restricted by an order under this subdivision for longer than 72 19.4hours, exclusive of Saturdays, Sundays, and legal holidays, so long as the person agrees to 19.5abide by the disease control measures established by the board. The person shall sign an 19.6acknowledgment form prepared by the board evidencing the person's agreement to abide 19.7by the disease control measures established by the board. 19.8(d) A person whose movements are restricted by an order under this subdivision may 19.9seek a district court hearing on the order at any time after it is served on the person. The 19.10hearing may be held by electronic means as soon as possible. The subject of the order may: 19.11(1) contest imposition of the order on grounds that it is an abuse of the board's 19.12discretion under this section; or 19.13(2) seek a variance from it to allow movement of a person inconsistent with the 19.14order, upon a showing that the person would otherwise suffer irreparable harm. 19.15    Sec. 37. Minnesota Statutes 2010, section 40A.17, is amended to read: 19.1640A.17 REPORT. 19.17The commissioner shall report to the legislature on January new text begin March new text end 1 of each 19.18 new text begin even-numbered new text end year on activities under this chapter. By July 1, 1985, the report must 19.19include the survey of public awareness in the awareness program. The report shall include 19.20recommendations for funding levels and other necessary legislative action. 19.21    Sec. 38. Minnesota Statutes 2010, section 41A.12, subdivision 2, is amended to read: 19.22    Subd. 2. Activities authorized. For the purposes of this program, the commissioner 19.23may issue grants, loans, or other forms of financial assistance. Eligible activities include, 19.24but are not limited to, grants to livestock producers under the livestock investment grant 19.25program under section 17.118, bioenergy awards made by the NextGen Energy Board 19.26under section 41A.105, new text begin cost-share grants for the installation of biofuel blender pumps, new text end and 19.27financial assistance to support other rural economic infrastructure activities. 19.28    Sec. 39. Minnesota Statutes 2010, section 41A.12, subdivision 4, is amended to read: 19.29    Subd. 4. Sunset. This section expires on June 30, 2013 new text begin 2015 new text end . 19.30    Sec. 40. Minnesota Statutes 2010, section 41B.036, is amended to read: 19.3141B.036 GENERAL POWERS OF THE AUTHORITY. 20.1For the purpose of exercising the specific powers granted in section 41B.04 and 20.2effectuating the other purposes of sections 41B.01 to 41B.23 the authority has the general 20.3powers granted in this section. 20.4(a) It may sue and be sued. 20.5(b) It may have a seal and alter the seal. 20.6(c) It may make, and from time to time, amend and repeal rules consistent with 20.7sections 41B.01 to 41B.23. 20.8(d) It may acquire, hold, and dispose of real or personal property for its corporate 20.9purposes. 20.10(e) It may enter into agreements, contracts, or other transactions with any federal or 20.11state agency, any person and any domestic or foreign partnership, corporation, association, 20.12or organization, including contracts or agreements for administration and implementation 20.13of all or part of sections 41B.01 to 41B.23. 20.14(f) It may acquire real property, or an interest therein, in its own name, by purchase 20.15or foreclosure, where such acquisition is necessary or appropriate. 20.16(g) It may provide general technical services related to rural finance. 20.17(h) It may provide general consultative assistance services related to rural finance. 20.18(i) It may promote research and development in matters related to rural finance. 20.19(j) It may enter into agreements with lenders, borrowers, or the issuers of securities 20.20for the purpose of regulating the development and management of farms financed in whole 20.21or in part by the proceeds of qualified agricultural loans. 20.22(k) It may enter into agreements with other appropriate federal, state, or local 20.23governmental units to foster rural finance. It may give advance reservations of loan 20.24financing as part of the agreements, with the understanding that the authority will only 20.25approve the loans pursuant to normal procedures, and may adopt special procedures 20.26designed to meet problems inherent in such programs. 20.27(l) It may undertake and carry out studies and analyses of rural financing needs 20.28within the state and ways of meeting such needs including: data with respect to 20.29geographical distribution; farm size; the distribution of farm credit needs according to 20.30debt ratios and similar factors; the amount and quality of available financing and its 20.31distribution according to factors affecting rural financing needs and the meeting thereof; 20.32and may make the results of such studies and analyses available to the public and may 20.33engage in research and disseminate information on rural finance. 20.34(m) It may survey and investigate the rural financing needs throughout the state and 20.35make recommendations to the governor and the legislature as to legislation and other 20.36measures necessary or advisable to alleviate any existing shortage in the state. 21.1(n) It may establish cooperative relationships with such county and multicounty 21.2authorities as may be established and may develop priorities for the utilization of authority 21.3resources and assistance within a region in cooperation with county and multicounty 21.4authorities. 21.5(o) It may contract with, use, or employ any federal, state, regional, or local public 21.6or private agency or organization, legal counsel, financial advisors, investment bankers or 21.7others, upon terms it deems necessary or desirable, to assist in the exercise of any of the 21.8powers granted in sections 41B.01 to 41B.23 and to carry out the objectives of sections 21.941B.01 to 41B.23 and may pay for the services from authority funds. 21.10(p) It may establish cooperative relationships with counties to develop priorities for 21.11the use of authority resources and assistance within counties and to consider county plans 21.12and programs in the process of setting the priorities. 21.13(q) It may delegate any of its powers to its officers or staff. 21.14(r) It may enter into agreements with qualified agricultural lenders or others insuring 21.15or guaranteeing to the state the payment of all or a portion of qualified agricultural loans. 21.16(s) It may enter into agreements with eligible agricultural lenders providing for 21.17advance reservations of purchases of participation interests in restructuring loans, if 21.18the agreements provide that the authority may only purchase participation interests 21.19in restructuring loans under the normal procedure. The authority may provide in an 21.20agreement for special procedures or requirements designed to meet specific conditions or 21.21requirements. 21.22(t) It may allow farmers who are natural persons to combine programs of the federal 21.23Agriculture Credit Act of 1987 with programs of the Rural Finance Authority. 21.24(u) From within available funds generated by program fees, it may provide partial 21.25or full tuition assistance for farm management programs required under section 41B.03, 21.26subdivision 3 , clause (7). 21.27 new text begin (v) It may accept for and on behalf of the state any gift, bequest, devise, grant, or new text end 21.28 new text begin interest in money or personal property of any kind tendered to the state for any purpose new text end 21.29 new text begin pertaining to the activities of the authority. new text end 21.30    Sec. 41. Minnesota Statutes 2010, section 41B.048, subdivision 6, is amended to read: 21.31    Subd. 6. Loans. (a) The authority may disburse loans through a fiscal agent to 21.32farmers and agricultural landowners who are eligible under subdivision 5. The total 21.33accumulative loan principal must not exceed $75,000 per loan. 22.1(b) The fiscal agent may impose a loan origination fee in the amount of one percent 22.2of the total approved loan. This fee is to be paid by the borrower to the fiscal agent at 22.3the time of loan closing. 22.4(c) The loan may be disbursed over a period not to exceed 12 years. 22.5(d) A borrower may receive loans, depending on the availability of funds, for planted 22.6areas up to 160 acres for up to: 22.7(1) the total amount necessary for establishment of the crop; 22.8(2) the total amount of maintenance costs, including weed control, during the first 22.9three years; and 22.10(3) 70 percent of the estimated value of one year's growth of the crop for years 22.11four through 12. 22.12(e) Security for the loan must be the crop, a personal note executed by the borrower, 22.13an interest in the land upon which the crop is growing, and whatever other security is 22.14required by the fiscal agent or the authority. All recording fees must be paid by the 22.15borrower. 22.16(f) The authority may prescribe forms and establish an application process for 22.17applicants to apply for a loan. 22.18(g) The authority may impose a reasonable, nonrefundable application fee for each 22.19application for a loan under this program. The application fee is initially $50. Application 22.20fees received by the authority must be deposited in the agroforestry loan program revolving 22.21fund established in subdivision 7 new text begin revolving loan account established under section 41B.06 new text end . 22.22(h) Loans under the program must be made using money in the agroforestry loan 22.23program revolving fund established in subdivision 7 new text begin revolving loan account established new text end 22.24 new text begin under section 41B.06 new text end . 22.25 new text begin (i) All repayments of financial assistance granted under this section, including new text end 22.26 new text begin principal and interest, must be deposited into the revolving loan account established new text end 22.27 new text begin under section 41B.06. new text end 22.28(i) new text begin (j) new text end The interest payable on loans made by the authority for the agroforestry 22.29loan program must, if funded by revenue bond proceeds, be at a rate not less than the 22.30rate on the revenue bonds, and may be established at a higher rate necessary to pay 22.31costs associated with the issuance of the revenue bonds and a proportionate share of the 22.32cost of administering the program. The interest payable on loans for the agroforestry 22.33loan program funded from sources other than revenue bond proceeds must be at a rate 22.34determined by the authority. 22.35(j) new text begin (k) new text end Loan principal balance outstanding plus all assessed interest must be repaid 22.36within 120 days of harvest, but no later than 15 years from planting. 23.1    Sec. 42. Minnesota Statutes 2010, section 41B.055, subdivision 1, is amended to read: 23.2    Subdivision 1. Establishment. The authority must establish and implement a 23.3livestock equipment pilot loan program to help finance the purchase of livestock-related 23.4equipment and make livestock facilities improvements. 23.5    Sec. 43. new text begin [41B.056] PILOT AGRICULTURAL MICROLOAN PROGRAM. new text end 23.6     new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin The authority shall establish and implement a pilot new text end 23.7 new text begin agricultural microloan program to help finance the production of specialty crops or new text end 23.8 new text begin eligible livestock. The authority may contract with an intermediary to provide an efficient new text end 23.9 new text begin delivery system for this program. new text end 23.10     new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin (a) The definitions in this subdivision apply to this section. new text end 23.11 new text begin (b) "Intermediary" means any lending institution or other organization of a for-profit new text end 23.12 new text begin or nonprofit nature that is in good standing with the state of Minnesota that has the new text end 23.13 new text begin appropriate business structure and trained personnel suitable to providing efficient new text end 23.14 new text begin disbursement of loan funds and the servicing and collection of loans. new text end 23.15 new text begin (c) "Specialty crops" means agricultural crops, such as annuals, flowers, perennials, new text end 23.16 new text begin and other horticultural products, that are intensively cultivated. new text end 23.17 new text begin (d) "Eligible livestock" means poultry that has been allowed access to the outside, new text end 23.18 new text begin sheep, or goats. new text end 23.19     new text begin Subd. 3. new text end new text begin Eligibility. new text end new text begin To be eligible for this program a borrower must: new text end 23.20 new text begin (1) be a legal resident of Minnesota; new text end 23.21 new text begin (2) either: new text end 23.22 new text begin (i) be a member of a protected group as defined in section 43A.02, subdivision 33; or new text end 23.23 new text begin (ii) be a qualified noncitizen as defined in section 256B.06, subdivision 4, paragraph new text end 23.24 new text begin (b); new text end 23.25 new text begin (3) be or plan to become a grower of specialty crops or eligible livestock; new text end 23.26 new text begin (4) market or contract to market the specialty crops or eligible livestock; and new text end 23.27 new text begin (5) demonstrate an ability to repay the loan. new text end 23.28     new text begin Subd. 4. new text end new text begin Loans. new text end new text begin (a) The authority may disburse loans through an intermediary new text end 23.29 new text begin to farmers who are eligible under subdivision 3. The total accumulative loan principal new text end 23.30 new text begin must not exceed $10,000 per loan. new text end 23.31 new text begin (b) Refinancing an existing debt is not an eligible purpose. new text end 23.32 new text begin (c) The loan may be disbursed over a period not to exceed six years. new text end 23.33 new text begin (d) A borrower may receive loans, depending on the availability of funds, up to 70 new text end 23.34 new text begin percent of the estimated value of the crop or livestock. new text end 24.1 new text begin (e) Security for the loan must be a personal note executed by the borrower and any new text end 24.2 new text begin other security required by the intermediary or the authority. new text end 24.3 new text begin (f) The authority may prescribe forms and establish an application process for new text end 24.4 new text begin applicants to apply for a loan. new text end 24.5 new text begin (g) The interest payable on loans for the pilot agricultural microloan program must new text end 24.6 new text begin be at a rate determined by the authority. new text end 24.7 new text begin (h) Loans under this program will be made using money in the revolving loan new text end 24.8 new text begin account established under section 41B.06. new text end 24.9 new text begin (i) Repayments of financial assistance under this section, including principal and new text end 24.10 new text begin interest, must be deposited into the revolving loan account established under section new text end 24.11 new text begin 41B.06. new text end 24.12    Sec. 44. Minnesota Statutes 2010, section 41B.06, is amended to read: 24.1341B.06 RURAL FINANCE AUTHORITY REVOLVING LOAN ACCOUNT. 24.14    There is established in the rural finance administration fund a Rural Finance 24.15Authority revolving loan account that is eligible to receive appropriations and the transfer 24.16of loan funds from other programs. All repayments of financial assistance granted from 24.17this account, including principal and interest, must be deposited into this account. Interest 24.18earned on money in the account accrues to the account, and the money in the account 24.19is appropriated to the commissioner of agriculture for purposes of the Rural Finance 24.20Authority livestock equipment, methane digester, disaster recovery, and value-added 24.21agricultural product new text begin , agroforestry, and agricultural microloan new text end loan programs, including 24.22costs incurred by the authority to establish and administer the programs. 24.23    Sec. 45. Minnesota Statutes 2010, section 48.24, subdivision 5, is amended to read: 24.24    Subd. 5. Treatment of secured or guaranteed loans. Loans or obligations shall not 24.25be subject under this section to any limitation based upon such capital and surplus to the 24.26extent that they are secured or covered by guarantees, or by commitments or agreements 24.27to take over or to purchase the same, made by: 24.28(1) the commissioner of agriculture on the purchase of agricultural land new text begin Minnesota new text end 24.29 new text begin Department of Agriculture new text end ; 24.30(2) any Federal Reserve bank; 24.31(3) the United States or any department, bureau, board, commission, or establishment 24.32of the United States, including any corporation wholly owned directly or indirectly by 24.33the United States; 24.34(4) the Minnesota Employment and Economic Development Department; or 25.1(5) a municipality or political subdivision within Minnesota to the extent that the 25.2guarantee or collateral is a valid and enforceable general obligation of that political body. 25.3    Sec. 46. Minnesota Statutes 2010, section 223.16, subdivision 12, is amended to read: 25.4    Subd. 12. Public grain warehouse operator. "Public grain warehouse operator" 25.5means a person operating a grain warehouse in which grain belonging to persons other 25.6than the grain warehouse operator is accepted for storage or purchase or who offers grain 25.7storage or warehouse facilities to the public for hire new text begin or a feed-processing plant that new text end 25.8 new text begin receives and stores grain, the equivalent of which it processes and returns to the grain's new text end 25.9 new text begin owner in amounts, at intervals, and with added ingredients that are mutually agreeable to new text end 25.10 new text begin the grain's owner and the person operating the plant new text end . 25.11    Sec. 47. Minnesota Statutes 2010, section 223.17, subdivision 1, is amended to read: 25.12    Subdivision 1. Licenses. An application for a grain buyer's license must be filed 25.13with the commissioner and the license issued before any grain may be purchased. The 25.14commissioner must provide application forms and licenses that state the restrictions and 25.15authority to purchase and store grain under the license being applied for and issued. The 25.16categories of grain buyers' licenses are: 25.17(a) private grain warehouse operator's license; 25.18(b) public grain warehouse operator's license; and 25.19(c) independent grain buyer's license. 25.20The applicant for a grain buyer's license shall identify all grain buying locations 25.21owned or controlled by the grain buyer and all vehicles owned or controlled by the grain 25.22buyer used to transport purchased grain. Every applicant for a grain buyer's license shall 25.23have a permanent established place of business at each licensed location. An "established 25.24place of business" means a permanent enclosed building, including a house or a farm, 25.25either owned by the applicant or leased by the applicant for a period of at least one year, 25.26and where the books, records, and files necessary to conduct the business are kept and 25.27maintained. The commissioner may maintain information on grain buyers by categories 25.28including, but not limited to, the categories provided in clauses (a) to (c) and grain buyers 25.29that are licensed to purchase grain using trucks but that do not have a public or private 25.30warehouse license. 25.31    Sec. 48. Minnesota Statutes 2010, section 223.17, subdivision 4, is amended to read: 26.1    Subd. 4. Bond. new text begin (a) new text end Before a grain buyer's license is issued, the applicant for 26.2the license must file with the commissioner a bond in a penal sum prescribed by the 26.3commissioner but not less than the following amounts: 26.4(a) new text begin (1) new text end $10,000 for grain buyers whose gross annual purchases are $100,000 or less; 26.5(b) new text begin (2) new text end $20,000 for grain buyers whose gross annual purchases are more than 26.6$100,000 but not more than $750,000; 26.7(c) new text begin (3) new text end $30,000 for grain buyers whose gross annual purchases are more than 26.8$750,000 but not more than $1,500,000; 26.9(d) new text begin (4) new text end $40,000 for grain buyers whose gross annual purchases are more than 26.10$1,500,000 but not more than $3,000,000; 26.11(e) new text begin (5) new text end $50,000 for grain buyers whose gross annual purchases are more than 26.12$3,000,000 but not more than $6,000,000; 26.13(f) new text begin (6) new text end $70,000 for grain buyers whose gross annual purchases are more than 26.14$6,000,000 but not more than $12,000,000; 26.15(g) new text begin (7) new text end $125,000 for grain buyers whose gross annual purchases are more than 26.16$12,000,000 but not more than $24,000,000; and 26.17(h) new text begin (8) new text end $150,000 for grain buyers whose gross annual purchases exceed $24,000,000. 26.18 new text begin (b) new text end A grain buyer who has filed a bond with the commissioner prior to July 1, 2004, 26.19is not required to increase the amount of the bond to comply with this section until July 1, 26.202005. The commissioner may postpone an increase in the amount of the bond until July 1, 26.212006, if a licensee demonstrates that the increase will impose undue financial hardship on 26.22the licensee, and that producers will not be harmed as a result of the postponement. The 26.23commissioner may impose other restrictions on a licensee whose bond increase has been 26.24postponed. The amount of the bond shall be based on the most recent financial statement new text begin new text end 26.25 new text begin gross annual grain purchase report new text end of the grain buyer filed under subdivision 6. 26.26 new text begin (c) new text end A first-time applicant for a grain buyer's license shall file a $50,000 bond with the 26.27commissioner. This bond shall remain in effect for the first year of the license. Thereafter, 26.28the licensee shall comply with the applicable bonding requirements contained in clauses 26.29(a) to (h) new text begin paragraph (a), clauses (1) to (8) new text end . 26.30 new text begin (d) new text end In lieu of the bond required by this subdivision the applicant may deposit with 26.31the commissioner of management and budget cash, a certified check, a cashier's check, 26.32a postal, bank, or express money order, assignable bonds or notes of the United States, 26.33or an assignment of a bank savings account or investment certificate or an irrevocable 26.34bank letter of credit as defined in section 336.5-102, in the same amount as would be 26.35required for a bond. 27.1 new text begin (e) Bonds must be continuous until canceled. To cancel a bond, a surety must provide new text end 27.2 new text begin 90 days' written notice of the bond's termination date to the licensee and the commissioner. new text end 27.3    Sec. 49. Minnesota Statutes 2010, section 223.17, subdivision 6, is amended to read: 27.4    Subd. 6. Financial statements. For the purpose of fixing or changing the amount of 27.5a required bond or for any other proper reason, new text begin (a) new text end The commissioner shall new text begin may new text end require an 27.6annual financial statement from a licensee which has been prepared in accordance with 27.7generally accepted accounting principles and which meets the following requirements: 27.8(a) new text begin (1) new text end The financial statement shall include, but not be limited to the following: (1) 27.9 new text begin (i) new text end a balance sheet; (2) 27.10 new text begin (ii) new text end a statement of income (profit and loss); (3) 27.11 new text begin (iii) new text end a statement of retained earnings; (4) 27.12 new text begin (iv) new text end a statement of changes in financial position; and (5) 27.13 new text begin (v) new text end a statement of the dollar amount of grain purchased in the previous fiscal year 27.14of the grain buyer. 27.15(b) new text begin (2) new text end The financial statement shall be accompanied by a compilation report of the 27.16financial statement that is prepared by a grain commission firm or a management firm 27.17approved by the commissioner or by an independent public accountant, in accordance with 27.18standards established by the American Institute of Certified Public Accountants. Grain 27.19buyers purchasing less than 150,000 bushels of grain per calendar year may submit a 27.20financial statement prepared by a public accountant who is not an employee or a relative 27.21within the third degree of kindred according to civil law. 27.22(c) new text begin (3) new text end The financial statement shall be accompanied by a certification by the chief 27.23executive officer or the chief executive officer's designee of the licensee, under penalty 27.24of perjury, that the financial statement accurately reflects the financial condition of the 27.25licensee for the period specified in the statement. 27.26 new text begin (b) new text end Only one financial statement must be filed for a chain of warehouses owned 27.27or operated as a single business entity, unless otherwise required by the commissioner. 27.28Any grain buyer having a net worth in excess of $500,000,000 need not file the financial 27.29statement required by this subdivision but must provide the commissioner with a certified 27.30net worth statement. All financial statements filed with the commissioner are private or 27.31nonpublic data as provided in section 13.02. 27.32    Sec. 50. Minnesota Statutes 2010, section 223.17, subdivision 9, is amended to read: 27.33    Subd. 9. Defaults; violations. new text begin It is a violation under this chapter new text end if the commissioner 27.34finds, after an investigation is conducted, that a complaint is valid or that a licensee is in 28.1violation of the provisions of this chapter, the commissioner may immediately suspend 28.2the license, in which case the licensee shall surrender the license to the commissioner. 28.3Within 15 days, the licensee may request an administrative hearing subject to chapter 14 28.4to determine whether the license should be revoked. If no request is made within 15 days, 28.5the commissioner shall revoke the license. 28.6    Sec. 51. Minnesota Statutes 2010, section 232.21, subdivision 2, is amended to read: 28.7    Subd. 2. Bond. "Bond" means an acceptable obligation, running to the state as 28.8obligee, for the purpose of indemnifying depositors and producers of grain against breach 28.9of contract by a public grain warehouse or grain bank operator. 28.10    Sec. 52. Minnesota Statutes 2010, section 232.21, subdivision 6, is amended to read: 28.11    Subd. 6. Depositor. "Depositor" means a person who is the owner or legal holder of 28.12an outstanding grain warehouse receipt, grain bank receipt or open scale ticket marked 28.13for storage on which a receipt is to be issued, representing any grain stored in a public 28.14grain warehouse or grain bank. 28.15    Sec. 53. Minnesota Statutes 2010, section 232.21, subdivision 12, is amended to read: 28.16    Subd. 12. Public grain warehouse operator. "Public grain warehouse operator" 28.17means a person licensed to operate a grain warehouse in which grain belonging to persons 28.18other than the grain warehouse operator is accepted for storage or purchase, or who offers 28.19grain storage or grain warehouse facilities to the public for hire new text begin or a feed-processing new text end 28.20 new text begin plant that receives and stores grain, the equivalent of which, it processes and returns to new text end 28.21 new text begin the grain's owner in amounts, at intervals, and with added ingredients that are mutually new text end 28.22 new text begin agreeable to the grain's owner and the person operating the plant new text end . 28.23    Sec. 54. Minnesota Statutes 2010, section 232.22, subdivision 3, is amended to read: 28.24    Subd. 3. Fees; grain buyers and storage account. There is created in the 28.25agricultural fund an account known as the grain buyers and storage account. The 28.26commissioner shall set the fees for inspections new text begin examinations new text end , certifications new text begin , new text end and licenses 28.27under sections 232.20 to new text begin 232.24 new text end at levels necessary to pay the costs of administering 28.28and enforcing sections 232.20 to new text begin 232.24 new text end . All money collected pursuant to sections 28.29232.20 to and chapters 233 and 236 new text begin 232.24 new text end shall be paid by the commissioner into 28.30the state treasury and credited to the grain buyers and storage account and is appropriated 28.31to the commissioner for the administration and enforcement of sections 232.20 to 28.32and chapters 233 and 236 new text begin 232.24 new text end . All money collected pursuant to chapter 231 shall be 29.1paid by the commissioner into the grain buyers and storage account and is appropriated to 29.2the commissioner for the administration and enforcement of chapter 231. 29.3The fees for a license to store grain are as follows: 29.4(a) For a license to store grain, $110 for each home rule charter or statutory city or 29.5town in which a public grain warehouse is operated. 29.6(b) A person with a license to store grain in a public grain warehouse is subject to 29.7an examination fee for each licensed location, based on the following schedule for one 29.8examination: 29.9 29.10 Bushel Capacity Examination Fee 29.11 Less than 150,001 $ 300 29.12 150,001 to 250,000 $ 425 29.13 250,001 to 500,000 $ 545 29.14 500,001 to 750,000 $ 700 29.15 750,001 to 1,000,000 $ 865 29.16 1,000,001 to 1,200,000 $ 1,040 29.17 1,200,001 to 1,500,000 $ 1,205 29.18 1,500,001 to 2,000,000 $ 1,380 29.19 More than 2,000,000 $ 1,555 29.20(c) The fee for the second examination is $55 per hour per examiner for warehouse 29.21operators who choose to have it performed by the commissioner. 29.22(d) A penalty amount not to exceed ten percent of the fees due may be imposed by 29.23the commissioner for each month for which the fees are delinquent. 29.24    Sec. 55. Minnesota Statutes 2010, section 232.22, subdivision 4, is amended to read: 29.25    Subd. 4. Bonding. new text begin (a) new text end Before a license is issued, the applicant for a public grain 29.26warehouse operator's license shall file with the commissioner a bond in a penal sum 29.27prescribed by the commissioner. The penal sum on a condition one bond shall be 29.28established by rule by the commissioner pursuant to the requirements of chapter 14 for 29.29all grain outstanding on grain warehouse receipts. The penal sum on a condition two 29.30bond shall not be less than $10,000 for each location up to a maximum of five locations. new text begin new text end 29.31 new text begin based on the annual average storage liability as stated on the statement of grain in storage new text end 29.32 new text begin report or on the gross annual grain purchase report, whichever is greater, and applying new text end 29.33 new text begin the following amounts: new text end 29.34 new text begin (1) $10,000 for storages with annual average storage liability of more than $0 but new text end 29.35 new text begin not more than $25,000; new text end 29.36 new text begin (2) $20,000 for storages with annual average storage liability of more than $25,001 new text end 29.37 new text begin but not more than $50,000; new text end 30.1 new text begin (3) $30,000 for storages with annual average storage liability of more than $50,001 new text end 30.2 new text begin but not more than $75,000; new text end 30.3 new text begin (4) $50,000 for storages with annual average storage liability of more than $75,001 new text end 30.4 new text begin but not more than $100,000; new text end 30.5 new text begin (5) $75,000 for storages with annual average storage liability of more than $100,001 new text end 30.6 new text begin but not more than $200,000; new text end 30.7 new text begin (6) $125,000 for storages with annual average storage liability of more than new text end 30.8 new text begin $200,001 but not more than $300,000; new text end 30.9 new text begin (7) $175,000 for storages with annual average storage liability of more than new text end 30.10 new text begin $300,001 but not more than $400,000; new text end 30.11 new text begin (8) $225,000 for storages with annual average storage liability of more than new text end 30.12 new text begin $400,001 but not more than $500,000; new text end 30.13 new text begin (9) $275,000 for storages with annual average storage liability of more than new text end 30.14 new text begin $500,001 but not more than $600,000; new text end 30.15 new text begin (10) $325,000 for storages with annual average storage liability of more than new text end 30.16 new text begin $600,001 but not more than $700,000; new text end 30.17 new text begin (11) $375,000 for storages with annual average storage liability of more than new text end 30.18 new text begin $700,001 but not more than $800,000; new text end 30.19 new text begin (12) $425,000 for storages with annual average storage liability of more than new text end 30.20 new text begin $800,001 but not more than $900,000; new text end 30.21 new text begin (13) $475,000 for storages with annual average storage liability of more than new text end 30.22 new text begin $900,001 but not more than $1,000,000; and new text end 30.23 new text begin (14) $500,000 for storages with annual average storage liability of more than new text end 30.24 new text begin $1,000,000. new text end 30.25 new text begin (b) Bonds must be continuous until canceled. To cancel a bond, a surety must provide new text end 30.26 new text begin 90 days' written notice of the bond's termination date to the licensee and the commissioner. new text end 30.27    Sec. 56. Minnesota Statutes 2010, section 232.22, subdivision 5, is amended to read: 30.28    Subd. 5. Statement of grain in storage; reports. (a) All public grain warehouse 30.29operators must by the tenth day of each month new text begin February 15 of each year new text end file with the 30.30commissioner on forms new text begin a form new text end approved by the commissioner a report showing the net 30.31 new text begin annual average new text end liability of all grain outstanding on grain warehouse receipts as of the close 30.32of business on the last day of new text begin that occurred during new text end the preceding month new text begin calendar year new text end . 30.33This report shall be used for the purpose of establishing the penal sum of the bond. 30.34 new text begin (b) Warehouse operators that are at a maximum bond and want to continue at new text end 30.35 new text begin maximum bond do not need to file this report. new text end 31.1(b) If new text begin (c) It is a violation of this chapter for new text end any public grain warehouse operator 31.2willfully neglects or refuses new text begin to fail new text end to file the report required in clause (a) for two 31.3consecutive months, the commissioner may immediately suspend the person's license 31.4and the licensee must surrender the license to the commissioner. Within 15 days the 31.5licensee may request an administrative hearing subject to chapter 14 to determine if the 31.6license should be revoked. If no request is made within 15 days the commissioner shall 31.7revoke the license. 31.8(c) new text begin (d) new text end Every public grain warehouse operator shall keep in a place of safety complete 31.9and accurate records and accounts relating to any grain warehouse operated. The records 31.10shall reflect each commodity received and shipped daily, the balance remaining in the 31.11grain warehouse at the close of each business day, a listing of all unissued grain warehouse 31.12receipts in the operator's possession, a record of all grain warehouse receipts issued which 31.13remain outstanding and a record of all grain warehouse receipts which have been returned 31.14for cancellation. Copies of grain warehouse receipts or other documents evidencing 31.15ownership of grain by a depositor, or other liability of the grain warehouse operator, shall 31.16be retained as long as the liability exists but must be kept for a minimum of three years. 31.17(d) new text begin (e) new text end Every public grain warehouse operator must maintain in the grain warehouse 31.18at all times grain of proper grade and sufficient quantity to meet delivery obligations on 31.19all outstanding grain warehouse receipts. 31.20    Sec. 57. Minnesota Statutes 2010, section 232.22, subdivision 7, is amended to read: 31.21    Subd. 7. Bond disbursement. (a) The condition one bond of a public grain 31.22warehouse operator must be conditioned that the public grain warehouse operator issuing 31.23a grain warehouse receipt is liable to the depositor for the delivery of the kind, grade and 31.24net quantity of grain called for by the receipt. 31.25(b) The condition two bond shall provide for payment of loss caused by the grain 31.26buyer's failure to pay, upon the owner's demand, the purchase price of grain sold to the 31.27grain buyer. The bond shall be conditioned upon the grain buyer being duly licensed as 31.28provided herein. The bond shall not cover any transaction which constitutes a voluntary 31.29extension of credit. 31.30(c) new text begin (b) new text end Upon notification of default, the commissioner shall determine the validity 31.31of all claims and notify all parties having filed claims. Any aggrieved party may appeal 31.32the commissioner's determination by requesting, within 15 days, that the commissioner 31.33initiate a contested case proceeding. In the absence of such a request, or following the 31.34issuance of a final order in a contested case, the surety company shall issue payment to 31.35those claimants entitled to payment. If the commissioner determines it is necessary, the 32.1commissioner may apply to the district court for an order appointing a trustee or receiver 32.2to manage and supervise the operations of the grain warehouse operator in default. The 32.3commissioner may participate in any resulting court proceeding as an interested party. 32.4(d) new text begin (c) new text end For the purpose of determining the amount of bond disbursement against all 32.5valid claims under a condition one bond, all grain owned or stored in the public grain 32.6warehouse shall be sold and the combined proceeds deposited in a special fund. Payment 32.7shall be made from the special fund satisfying the valid claims of grain warehouse receipt 32.8holders. 32.9(e) new text begin (d) new text end If a public grain warehouse operator has become liable to more than one 32.10depositor or producer by reason of breaches of the conditions of the bond and the 32.11amount of the bond is insufficient to pay, beyond the proceeds of the special fund, the 32.12entire liability to all valid claimants, the proceeds of the bond and special fund shall be 32.13apportioned among the valid claimants on a pro rata basis. 32.14(f) new text begin (e) new text end A bond is not cumulative from one licensing period to the next. The maximum 32.15liability of the bond shall be its face value for the licensing period. 32.16    Sec. 58. Minnesota Statutes 2010, section 232.23, subdivision 2, is amended to read: 32.17    Subd. 2. Scale tickets. A public or private grain warehouse operator, upon 32.18receiving grain, shall issue a scale ticket for each load of grain received. Scale tickets shall 32.19contain the name, location and the date of each transaction new text begin , weight, volume, kind of new text end 32.20 new text begin grain, signature of warehouse operator, new text end and be consecutively numbered. new text begin Electronic grain new text end 32.21 new text begin tickets do not require a signature. new text end A duplicate copy of each scale ticket shall remain in the 32.22possession of the public or private grain warehouse operator as a permanent record. The 32.23original scale ticket shall be delivered to the depositor upon receipt of each load of grain. 32.24Each scale ticket shall have printed across its face "This is a memorandum, nonnegotiable, 32.25possession of which does not signify that settlement has or has not been consummated." 32.26The scale ticket shall state specifically whether the grain is received on contract, for 32.27storage, for shipment or consignment or sold. If the grain is received on contract or sold, 32.28the price shall be indicated on the scale ticket. All new text begin paper new text end scale tickets shall be dated and 32.29signed by the public or private grain warehouse operator or the operator's agent or manager. 32.30    Sec. 59. Minnesota Statutes 2010, section 232.23, subdivision 5, is amended to read: 32.31    Subd. 5. Void agreements; penalty. A provision or agreement in a grain warehouse 32.32receipt not contained in subdivision 4 is void. The failure to issue a grain warehouse 32.33receipt, as directed, or the issuance of slips, memoranda or other forms of receipt 32.34embracing a different grain warehouse or storage contract is a misdemeanor, and no 33.1slip, memorandum or other form of receipt is admissible as evidence in any civil action. 33.2Nothing in sections 232.20 to new text begin 232.24 new text end requires or compels any person operating a 33.3flour, cereal or feed mill or malthouse doing a manufacturing business, to receive, store or 33.4purchase at the mill or malthouse any kind of grain. 33.5    Sec. 60. Minnesota Statutes 2010, section 232.23, subdivision 10, is amended to read: 33.6    Subd. 10. Delivery of grain. (a) On the redemption of a grain warehouse receipt 33.7and payment of all lawful charges, the grain represented by the receipt is immediately 33.8deliverable to the depositor or the depositor's order, and is not subject to any further charge 33.9for storage after demand for delivery has been made and proper facilities for receiving and 33.10shipping the grain have been provided. If delivery has not commenced within 48 hours 33.11after demand has been made and proper facilities have been provided, the public grain 33.12warehouse operator issuing the grain warehouse receipt is liable to the owner in damages 33.13not exceeding two cents per bushel for each day's delay, unless the public grain warehouse 33.14operator makes delivery to different owners in the order demanded as rapidly as it can be 33.15done through ordinary diligence, or unless insolvency has occurred. 33.16(b) If a disagreement arises between the person receiving and the person delivering 33.17the grain at a public grain warehouse in this state as to the proper grade or dockage of any 33.18grain, an average sample of at least three quarts of the grain in dispute may be taken by 33.19either or both of the persons interested. The sample shall be certified by both the owner 33.20and the public grain warehouse operator as being true samples of the grain in dispute on 33.21the delivery day. The samples shall be forwarded in a suitable airtight container by parcel 33.22post or express, prepaid, with the name and address of both parties, to the head of the new text begin a new text end 33.23 new text begin United States Department of Agriculture authorized new text end grain inspection program of the 33.24Department of Agriculture, who shall, upon request, examine the grain, and determine 33.25what grade or dockage the samples of grain are entitled to under the inspection rules. 33.26Before the results of the inspection are released to the person requesting the inspection, 33.27the person shall pay the required fee. The fee shall be the same as that required for similar 33.28services rendered by the grain inspection program. 33.29    Sec. 61. Minnesota Statutes 2010, section 232.24, subdivision 1, is amended to read: 33.30    Subdivision 1. Schedule of inspection new text begin examination new text end . A licensee under sections 33.31232.20 to 232.25 is subject to two audits new text begin examinations new text end annually conducted by the 33.32commissioner or the agricultural marketing service of the United States Department of 33.33Agriculture. The commissioner may, by rule, authorize one audit new text begin examination new text end to be 33.34conducted by a qualified nongovernmental unit. 34.1    Sec. 62. Minnesota Statutes 2010, section 232.24, subdivision 2, is amended to read: 34.2    Subd. 2. Financial reports. A licensee under sections 232.20 to 232.25 new text begin upon request new text end 34.3must provide to the commissioner a copy of the financial reports of an audit conducted by 34.4a qualified nongovernmental unit containing information the commissioner requires. 34.5    Sec. 63. Minnesota Statutes 2010, section 239.092, is amended to read: 34.6239.092 SALE FROM BULK. 34.7    (a) Bulk sales of commodities, when the buyer and seller are not both present to 34.8witness the measurement, must be accompanied by a delivery ticket containing the 34.9following information: 34.10    (1) the name and address of the person who weighed or measured the commodity; 34.11    (2) the date delivered; 34.12    (3) the quantity delivered; 34.13    (4) the count of individually wrapped packages delivered, if more than one is 34.14included in the quantity delivered; 34.15    (5) the quantity on which the price is based, if different than the quantity delivered; 34.16and 34.17    (6) the identity of the commodity in the most descriptive terms commercially 34.18practicable, including representations of quality made in connection with the sale. 34.19    (b) This section is not intended to conflict with the bulk sale requirements of the 34.20Department of Agriculture. If a conflict occurs, the law and rules of the Department of 34.21Agriculture govern. 34.22    (c) Firewood sold or distributed across state boundaries or more than 100 miles 34.23from its origin new text begin in this state new text end must include delivery ticket information regarding the harvest 34.24locations of the wood by county new text begin or counties new text end and state. 34.25(d) Paragraph (c) may be enforced using the authority granted in this chapter or 34.26section 18J.05 or 84D.13. 34.27    Sec. 64. Minnesota Statutes 2010, section 239.093, is amended to read: 34.28239.093 INFORMATION REQUIRED WITH PACKAGE. 34.29    (a) A package offered, exposed, or held for sale must bear a clear and conspicuous 34.30declaration of: 34.31    (1) the identity of the commodity in the package, unless the commodity can be easily 34.32identified through the wrapper or container; 34.33    (2) the net quantity in terms of weight, measure, or count; 35.1    (3) the name and address of the manufacturer, packer, or distributor, if the packages 35.2were not produced on the premises where they are offered, exposed, or held for sale; and 35.3    (4) the unit price, if the packages are part of a lot containing random weight 35.4packages of the same commodity. 35.5    (b) This section is not intended to conflict with the packaging requirements of the 35.6Department of Agriculture. If a conflict occurs, the laws and rules of the Department of 35.7Agriculture govern. 35.8    (c) Firewood sold or distributed across state boundaries or more than 100 miles from 35.9its origin new text begin in this state new text end must include information regarding the harvest locations of the wood 35.10by county new text begin or counties new text end and state on each label or wrapper. 35.11(d) Paragraph (c) may be enforced using the authority granted in this chapter or 35.12section 18J.05 or 84D.13. 35.13    Sec. 65. Minnesota Statutes 2010, section 239.77, subdivision 3, is amended to read: 35.14    Subd. 3. Exceptions. (a) The minimum content requirements of subdivision 2 do 35.15not apply to fuel used in the following equipment: 35.16    (1) motors located at an electric generating plant regulated by the Nuclear 35.17Regulatory Commission; 35.18    (2) railroad locomotives; 35.19    (3) off-road taconite and copper mining equipment and machinery; 35.20    (4) off-road logging equipment and machinery; and 35.21    (5) until May 1, 2010, vehicles and equipment used exclusively on an aircraft 35.22landing field new text begin vessels of the U.S. Coast Guard and vessels subject to inspection under new text end 35.23 new text begin United States Code, title 46, section 3301, subsections (1), (9), (10), (13), or (15) new text end . 35.24    (b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear 35.25Regulatory Commission has approved the use of biodiesel fuel in motors at electric 35.26generating plants under its regulation. 35.27    (c) new text begin The minimum content requirements of subdivision 2 do not apply to Number 1 new text end 35.28 new text begin diesel fuel sold or offered for sale during the months of October, November, December, new text end 35.29 new text begin January, February, and March. new text end 35.30 new text begin (d) new text end This subdivision expires on May 1, 2012 new text begin 2014 new text end . 35.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective April 1, 2012. new text end 35.32    Sec. 66. Minnesota Statutes 2010, section 239.77, subdivision 5, is amended to read: 35.33    Subd. 5. Annual report. new text begin (a) new text end Beginning in 2009, the commissioner of agriculture 35.34must report by January 15 of each year to the chairs and ranking minority members of 36.1the legislative committees and divisions with jurisdiction over agriculture policy and 36.2finance regarding the implementation of the minimum content requirements in subdivision 36.32, including information about the price and supply of biodiesel fuel. The report shall 36.4include information about the impacts of the biodiesel mandate on the development of 36.5biodiesel production capacity in the state, and on the use of feedstock grown or raised in 36.6the state for biodiesel production. The report must include any written comments received 36.7from members of the biodiesel fuel task force by January 1 of that year designated by 36.8them for inclusion in the report. 36.9 new text begin (b) The commissioner of agriculture, in consultation with the commissioner new text end 36.10 new text begin of commerce and the Biodiesel Fuel Task Force, shall study the need to continue new text end 36.11 new text begin the exceptions in subdivision 3. The 2013 report under paragraph (a) shall include new text end 36.12 new text begin recommendations for studies and other research needs to make a determination on the new text end 36.13 new text begin need for the exceptions, including any recommendations for use of the agricultural growth, new text end 36.14 new text begin research, and innovation program funding to conduct the research. The 2014 report under new text end 36.15 new text begin paragraph (a) shall contain the commissioner of agriculture's recommendations on whether new text end 36.16 new text begin to continue any of the exceptions in subdivision 3. new text end 36.17    Sec. 67. Minnesota Statutes 2010, section 239.791, subdivision 1a, is amended to read: 36.18    Subd. 1a. Minimum ethanol content required. (a) Except as provided in 36.19subdivisions 10 to 14, on August 30, 2013 new text begin 2014 new text end , and thereafter, a person responsible for 36.20the product shall ensure that all gasoline sold or offered for sale in Minnesota must contain 36.21at least the quantity of ethanol required by clause (1) or (2), whichever is greater: 36.22(1) 20 percent denatured ethanol by volume; or 36.23(2) the maximum percent of denatured ethanol by volume authorized in a waiver 36.24granted by the United States Environmental Protection Agency. 36.25(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a), 36.26clause (1), a gasoline/ethanol blend will be construed to be in compliance if the ethanol 36.27content, exclusive of denaturants and other permitted components, comprises not less than 36.2818.4 percent by volume and not more than 20 percent by volume of the blend as determined 36.29by an appropriate United States Environmental Protection Agency or American Society of 36.30Testing Materials standard method of analysis of alcohol content in motor fuels. 36.31(c) This subdivision expires on December 31, 2012 new text begin 2013 new text end , if by that date: 36.32(1) the commissioner of agriculture certifies and publishes the certification in 36.33the State Register that at least 20 percent of the volume of gasoline sold in the state 36.34is denatured ethanol; or 37.1(2) federal approval has not been granted under paragraph (a), clause (1). The 37.2United States Environmental Protection Agency's failure to act on an application shall not 37.3be deemed approval under paragraph (a), clause (1), or a waiver under section 211(f)(4) of 37.4the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4). 37.5    Sec. 68. new text begin [346.47] SEIZED ANIMALS. new text end 37.6     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin As used in this section: new text end 37.7 new text begin (1) "establishment" means any public or private agency, person, society, or new text end 37.8 new text begin corporation having custody of animals that are seized under the authority of the state or new text end 37.9 new text begin any political subdivision of the state; and new text end 37.10 new text begin (2) "regular business day" means a day during which the establishment having new text end 37.11 new text begin custody of an animal is open to the public not less than four consecutive hours between new text end 37.12 new text begin the hours of 8:00 a.m. and 7:00 p.m. new text end 37.13     new text begin Subd. 2. new text end new text begin Impoundment; record keeping. new text end new text begin All animals seized by public authority new text end 37.14 new text begin must be held in an establishment for redemption by the owner for at least five regular new text end 37.15 new text begin business days of the establishment or for a longer time specified by municipal ordinance. new text end 37.16 new text begin Establishments must maintain the following records of the animals in custody, and new text end 37.17 new text begin preserve the records for at least six months: new text end 37.18 new text begin (1) the description of the animal by species, breed, sex, approximate age, and other new text end 37.19 new text begin distinguishing traits; new text end 37.20 new text begin (2) the location at which the animal was seized; new text end 37.21 new text begin (3) the date of seizure; new text end 37.22 new text begin (4) the name and address of the person from whom any animal three months of age new text end 37.23 new text begin or over was received; and new text end 37.24 new text begin (5) the name and address of the person to whom any animal three months of age new text end 37.25 new text begin or over was transferred. new text end 37.26 new text begin The records must be maintained in a form permitting easy perusal by the public. new text end 37.27 new text begin A person may view the records and animals in custody at any time during which the new text end 37.28 new text begin establishment is open to the public. new text end 37.29     new text begin Subd. 3. new text end new text begin Release of animals. new text end new text begin A person must not release an animal seized and held new text end 37.30 new text begin under this section for research or product testing, either directly or through an animal new text end 37.31 new text begin dealer. This subdivision does not apply to the temporary transfer of an animal to a college new text end 37.32 new text begin of veterinary medicine or veterinary technology school accredited by the American new text end 37.33 new text begin Veterinary Medicine Association for the purpose of sterilization or needed veterinary care. new text end 37.34    Sec. 69. Minnesota Statutes 2010, section 347.54, subdivision 2, is amended to read: 38.1    Subd. 2. Reclaimed. A dangerous dog seized under subdivision 1 may be reclaimed 38.2by the owner of the dog upon payment of impounding and boarding fees, and presenting 38.3proof to the appropriate animal control authority that the requirements of sections 347.51 38.4and 347.52 will be met. A dog not reclaimed under this subdivision within seven days 38.5may be disposed of as provided under section 35.71, subdivision 3 new text begin in a manner permitted new text end 38.6 new text begin by law new text end , and the owner is liable to the animal control authority for costs incurred in 38.7confining and disposing of the dog. 38.8    Sec. 70. Minnesota Statutes 2010, section 347.54, subdivision 3, is amended to read: 38.9    Subd. 3. Subsequent offenses; seizure. If a person has been convicted of a 38.10misdemeanor for violating a provision of section 347.51, 347.515, or 347.52, and the 38.11person is charged with a subsequent violation relating to the same dog, the dog must be 38.12seized by the animal control authority having jurisdiction. If the owner is convicted of the 38.13crime for which the dog was seized, the court shall order that the dog be destroyed in a 38.14proper and humane manner and the owner pay the cost of confining and destroying the 38.15animal. If the owner is not convicted and the dog is not reclaimed by the owner within 38.16seven days after the owner has been notified that the dog may be reclaimed, the dog may be 38.17disposed of as provided under section 35.71, subdivision 3 new text begin in a manner permitted by law new text end . 38.18    Sec. 71. Laws 2008, chapter 296, article 1, section 25, the effective date, as amended 38.19by Laws 2010, chapter 333, article 1, section 33, is amended to read: 38.20EFFECTIVE DATE.This section is effective June 1, 2012 new text begin 2017 new text end . 38.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 38.22    Sec. 72. Laws 2011, chapter 14, section 6, is amended by adding an effective date to 38.23read: 38.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective retroactively from April 16, 2011. new text end 38.25    Sec. 73. new text begin NEXT GENERATION BIOFUEL BLENDS. new text end 38.26 new text begin The NextGen Energy Board, established in Minnesota Statutes, section 41A.105, new text end 38.27 new text begin shall include in its February 2013 report to the legislature an analysis of next generation new text end 38.28 new text begin biofuels that can be blended with gasoline or other energy sources. The report shall new text end 38.29 new text begin analyze research on next generation biofuel blends and information on federal approvals new text end 38.30 new text begin needed and the status of the federal approval for next generation biofuel blends. new text end 39.1    Sec. 74. new text begin BALANCE TRANSFER. new text end 39.2 new text begin The balance in the agroforestry loan program revolving fund established under new text end 39.3 new text begin Minnesota Statutes, section 41B.048, is transferred to the revolving loan account new text end 39.4 new text begin established under Minnesota Statutes, section 41B.06, and the agroforestry loan program new text end 39.5 new text begin revolving fund is abolished. new text end 39.6    Sec. 75. new text begin REPEALER. new text end 39.7 new text begin (a) Minnesota Statutes 2010, sections 17B.01; 17B.02; 17B.03; 17B.04; 17B.041; new text end 39.8 new text begin 17B.0451; 17B.048; 17B.05; 17B.06; 17B.07; 17B.10; 17B.11; 17B.12; 17B.13; 17B.14; new text end 39.9 new text begin 17B.15, subdivisions 1 and 3; 17B.16; 17B.17; 17B.18; 17B.20; 17B.22, subdivisions 1 new text end 39.10 new text begin and 2; 17B.28; 17B.29; 25.33, subdivision 18; 27.19, subdivisions 2 and 3; 27.20; 35.243; new text end 39.11 new text begin 35.255; 35.67; 35.68; 35.69; 35.71, subdivisions 1, 2, 3, 4, 5, 6, and 7; 35.72; 41B.048, new text end 39.12 new text begin subdivision 7; 223.16, subdivision 7; 223.18; 232.21, subdivision 4; 232.24, subdivision new text end 39.13 new text begin 3; 232.25; 233.01; 233.015; 233.017; 233.02; 233.03; 233.04; 233.05; 233.06; 233.07; new text end 39.14 new text begin 233.08; 233.09; 233.10; 233.11; 233.12; 233.22; 233.23; 233.24; 233.33; 234.01; 234.03; new text end 39.15 new text begin 234.04; 234.05; 234.06; 234.08; 234.09; 234.10; 234.11; 234.12; 234.13; 234.14; 234.15; new text end 39.16 new text begin 234.16; 234.17; 234.18; 234.19; 234.20; 234.21; 234.22; 234.23; 234.24; 234.25; 234.27; new text end 39.17 new text begin 235.01; 235.02; 235.04; 235.05; 235.06; 235.07; 235.08; 235.09; 235.10; 235.13; 235.18; new text end 39.18 new text begin 236.01; 236.02; 236.03; 236.04; 236.05; 236.06; 236.07; 236.08; 236.09; 395.14; 395.15; new text end 39.19 new text begin 395.16; 395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23; and 395.24, new text end new text begin are repealed. new text end 39.20 new text begin (b) Minnesota Rules, parts 1505.0780; 1505.0810; 1511.0100; 1511.0110; new text end 39.21 new text begin 1511.0120; 1511.0130; 1511.0140; 1511.0150; 1511.0160; 1511.0170; 1562.0100, new text end 39.22 new text begin 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; new text end 39.23 new text begin 1562.0200; 1562.0400; 1562.0700; 1562.0900; 1562.1300; and 1562.1800, new text end new text begin are repealed. new text end 39.24ARTICLE 2 39.25FOOD ENFORCEMENT 39.26    Section 1. Minnesota Statutes 2010, section 17.982, subdivision 1, is amended to read: 39.27    Subdivision 1. Criminal penalties. A person who violates a provision of chapter 39.2825, 28A, 29, 31, 31A, new text begin or new text end 31B, or 34 for which a penalty has not been prescribed is guilty 39.29of a misdemeanor. 39.30    Sec. 2. Minnesota Statutes 2010, section 17.983, is amended to read: 39.3117.983 ADMINISTRATIVE PENALTIES AND ENFORCEMENT. 40.1    Subdivision 1. Administrative penalties; citation. If a person has violated a 40.2provision of chapter 25, 28A, 29, 31, 31A, 31B, new text begin or new text end 32, or 34, the commissioner may issue 40.3a written citation to the person by personal service or by certified mail. The citation must 40.4describe the nature of the violation and the statute or rule alleged to have been violated; 40.5state the time for correction, if applicable; and the amount of any proposed fine. The 40.6citation must advise the person to notify the commissioner in writing within 30 days if the 40.7person wishes to appeal the citation. If the person fails to appeal the citation, the citation 40.8is the final order and not subject to further review. 40.9    Subd. 3. Contested case. If a person appeals a citation or a penalty assessment 40.10within the time limits in subdivision 1, the commissioner shall initiate a contested 40.11proceeding under chapter 14. The report of the administrative law judge is the final 40.12decision of the commissioner of agriculture. 40.13    Sec. 3. Minnesota Statutes 2010, section 17.984, subdivision 1, is amended to read: 40.14    Subdivision 1. Authority. To carry out the commissioner's enforcement duties 40.15under chapter 29, 31, 31A, 32, or 34, the commissioner may, upon presenting appropriate 40.16credentials, during regular working hours and at other reasonable times, inspect premises 40.17subject to the commissioner's enforcement and licensing authority for reasons related to 40.18the commissioner's enforcement and licensing authority; request information from persons 40.19with information relevant to an inspection; and inspect relevant papers and records, 40.20including business records. The commissioner may issue notices in lieu of citations for 40.21minor violations if a notice is in the public interest. 40.22    Sec. 4. Minnesota Statutes 2010, section 28A.03, subdivision 3, is amended to read: 40.23    Subd. 3. Person. "Person" means any individual, firm, corporation, company, 40.24association, cooperative, or partnership and includes any trustee, receiver, assignee, or 40.25other similar representative thereof new text begin has the meaning given in section 34A.01, subdivision new text end 40.26 new text begin 10 new text end . 40.27    Sec. 5. Minnesota Statutes 2010, section 28A.03, subdivision 5, is amended to read: 40.28    Subd. 5. Food. "Food new text begin , new text end " includes every article used for, entering into the 40.29consumption of, or used or intended for use in the preparation of food, drink, confectionery, 40.30or condiment for humans, whether simple, mixed or compound. new text begin "nonperishable food," new text end 40.31 new text begin "frozen food," "perishable food," and "readily perishable food" have the meanings given new text end 40.32 new text begin in section 34A.01. new text end 41.1(a) "Perishable food" is food which includes, but is not limited to fresh fruits, fresh 41.2vegetables, and other products which need protection from extremes of temperatures in 41.3order to avoid decomposition by microbial growth or otherwise. 41.4(b) "Readily perishable food" is food or a food ingredient consisting in whole or 41.5in part of milk, milk products, eggs, meat, fish, poultry or other food or food ingredient 41.6which is capable of supporting rapid and progressive growth of infectious or toxigenic 41.7microorganisms. 41.8(c) "Frozen food" is food which is processed and preserved by freezing in accordance 41.9with good commercial practices and which is intended to be sold in the frozen state. 41.10(d) For the purposes of this definition, packaged food in hermetically sealed 41.11containers processed by heat to prevent spoilage; packaged pickles; jellies, jams and 41.12condiments in sealed containers; bakery products such as bread, rolls, buns, donuts, 41.13fruit-filled pies and pastries; dehydrated packaged food; and dry or packaged food so low in 41.14moisture content as to preclude development of microorganisms are not "perishable food," 41.15"readily perishable food," or "frozen food" within the meaning of paragraphs (a), (b), and 41.16(c), when they are stored and handled in accordance with good commercial practices. 41.17(e) "Nonperishable food" is food described in paragraph (d) with a shelf life of 41.18more than 90 days. 41.19    Sec. 6. Minnesota Statutes 2010, section 28A.03, subdivision 6, is amended to read: 41.20    Subd. 6. Sell; sale. "Sell" and "sale" include the keeping, offering, or exposing for 41.21sale, use, transporting, transferring, negotiating, soliciting, or exchange of food, the having 41.22in possession with intent to sell, use, transport, negotiate, solicit, or exchange the same 41.23and the storing, or carrying thereof in aid of traffic therein whether done or permitted in 41.24person or through others new text begin have the meanings given in section 34A.01, subdivision 12 new text end . 41.25    Sec. 7. Minnesota Statutes 2010, section 31.01, subdivision 2, is amended to read: 41.26    Subd. 2. Person. "Person" means any individual, firm, partnership, copartnership, 41.27society, association, company, or corporation and includes any trustee, receiver, assignee 41.28or other similar representative thereof new text begin has the meaning given in section 34A.01, new text end 41.29 new text begin subdivision 10 new text end . 41.30    Sec. 8. Minnesota Statutes 2010, section 31.01, subdivision 3, is amended to read: 41.31    Subd. 3. Food. "Food" means articles used for food or drink for humans or other 41.32animals, chewing gum, and articles used for components of any such article new text begin has the new text end 41.33 new text begin meaning given in section 34A.01, subdivision 4 new text end . 42.1    Sec. 9. Minnesota Statutes 2010, section 31.01, subdivision 4, is amended to read: 42.2    Subd. 4. Sell and sale. "Sell" and "sale" shall be considered to include the 42.3manufacture, production, processing, packing, exposure, offer, possession, and holding of 42.4any such article for sale; and the sale, dispensing, and giving of any such article, and the 42.5supplying or applying of any such article in the conduct of any food operation new text begin have the new text end 42.6 new text begin meanings given in section 34A.01, subdivision 12 new text end . 42.7    Sec. 10. Minnesota Statutes 2010, section 31.01, subdivision 21, is amended to read: 42.8    Subd. 21. Label. "Label" means a display of written, printed, or graphic matter 42.9upon the immediate container of any article, and includes a like display, if required by law 42.10or rule, on the outside container or wrapper, if any there be, of the retail package of such 42.11article new text begin has the meaning given in section 34A.01, subdivision 6 new text end . 42.12    Sec. 11. Minnesota Statutes 2010, section 31.01, subdivision 25, is amended to read: 42.13    Subd. 25. Labeling. "Labeling" means all labels and other written, printed, or 42.14graphic matter upon an article or any of its containers or wrappers, or accompanying such 42.15article new text begin has the meaning given in section 34A.01, subdivision 7 new text end . 42.16    Sec. 12. Minnesota Statutes 2010, section 31.01, subdivision 28, is amended to read: 42.17    Subd. 28. Pesticide chemical. "Pesticide chemical" means any substance which, 42.18alone, in chemical combination, or in formulation with one or more other substances is an 42.19"economic poison" within the meaning of chapter 24, or the Federal Insecticide, Fungicide 42.20and Rodenticide Act (United States Code, title 7, sections 135-135k), as amended, and 42.21which is used in the production, storage, or transportation of raw agricultural commodities new text begin new text end 42.22 new text begin has the meaning given in section 18B.01, subdivision 18 new text end . 42.23    Sec. 13. Minnesota Statutes 2010, section 31.121, is amended to read: 42.2431.121 FOOD ADULTERATION. 42.25A food shall be deemed to be adulterated: new text begin if it is covered by section 34A.02. new text end 42.26(a) If it bears or contains any poisonous or deleterious substance which may render it 42.27injurious to health; but in case the substance is not an added substance such food shall 42.28not be considered adulterated under this clause if the quantity of such substance in such 42.29food does not ordinarily render it injurious to health; or 42.30(b) If it bears or contains any added poisonous or added deleterious substance, other 42.31than one which is a pesticide chemical in or on a raw agricultural commodity; a food 42.32additive; or a color additive, which is unsafe within the meaning of section ; or 43.1(c) If it is a raw agricultural commodity and it bears or contains a pesticide chemical 43.2which is unsafe within the meaning of section ; or 43.3(d) If it is or it bears or contains any food additive which is unsafe within the 43.4meaning of section ; provided that where a pesticide chemical has been used in or 43.5on a raw agricultural commodity in conformity with an exemption granted or tolerance 43.6prescribed under section , and such raw agricultural commodity has been subjected 43.7to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of 43.8such pesticide chemical remaining in or on such processed food shall, notwithstanding 43.9the provisions of section and this clause, not be deemed unsafe if such residue in 43.10or on the raw agricultural commodity has been removed to the extent possible in good 43.11manufacturing practice, and the concentration of such residue in the processed food 43.12when ready to eat is not greater than the tolerance prescribed for the raw agricultural 43.13commodity; or 43.14(e) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or 43.15decomposed substance, or if it is otherwise unfit for food; or 43.16(f) If it has been produced, prepared, packed, or held under insanitary conditions 43.17whereby it may have become contaminated with filth, or whereby it may have been 43.18rendered diseased, unwholesome, or injurious to health; or 43.19(g) If it is in whole or in part the product of a diseased animal or of an animal which 43.20has died otherwise than by slaughter, or of an animal that has been fed upon the uncooked 43.21offal from a slaughterhouse; or 43.22(h) If its container is composed in whole or in part of any poisonous or deleterious 43.23substance which may render the contents injurious to health; or 43.24(i) If it has been intentionally subjected to radiation, unless the use of the radiation 43.25was in conformity with a rule or exemption in effect pursuant to section or section 43.26409 of the federal act; or 43.27(j) If any valuable constituent has been in whole or in part omitted or abstracted 43.28therefrom; or 43.29(k) If any substance has been substituted wholly or in part therefor; or 43.30(l) If damage or inferiority has been concealed in any manner; or 43.31(m) If any substance has been added thereto or mixed or packed therewith so as 43.32to increase its bulk or weight, or reduce its quality or strength or make it appear better 43.33or of greater value than it is; or 43.34(n) If it is confectionery, and (1) has partially or completely imbedded therein any 43.35nonnutritive object; provided, that this clause shall not apply in the case of any nonnutritive 43.36object if in the judgment of the commissioner, as provided by rules, such object is of 44.1practical functional value to the confectionery product and would not render the product 44.2injurious or hazardous to health; or (2) bears or contains any nonnutritive substance; 44.3provided, that this clause shall not apply to (i) a confection containing alcohol as defined 44.4in section , or (ii) a safe nonnutritive substance which is in or on confectionery by 44.5reason of its use for some practical functional purpose in the manufacture, packaging, or 44.6storing of such confectionery if the use of the substance does not promote deception of the 44.7consumer or otherwise result in adulteration or misbranding in violation of any provision 44.8of the Minnesota Food Law; and provided further, that the commissioner may, for the 44.9purpose of avoiding or resolving uncertainty as to the application of this clause, issue rules 44.10allowing or prohibiting the use of particular nonnutritive substances; or 44.11(o) If it is or bears or contains any color additive which is unsafe within the meaning 44.12of section ; or 44.13(p) If it is oleomargarine or margarine or butter and any of the raw material used 44.14therein consisted in whole or in part of any filthy, putrid, or decomposed substance, or 44.15such oleomargarine or margarine or butter is otherwise unfit for food. 44.16    Sec. 14. Minnesota Statutes 2010, section 31.123, is amended to read: 44.1731.123 FOOD MISBRANDING. 44.18A food shall be deemed to be new text begin is new text end misbranded: new text begin if it is covered by section 34A.03. new text end 44.19(a) If its labeling is false or misleading in any particular, or if its labeling, whether on 44.20the commodity itself, its container or its package, fails to conform with the requirements 44.21of Laws 1974, chapter 84; 44.22(b) If it is offered for sale under the name of another food; 44.23(c) If it is an imitation of another food for which a definition and standard of identity 44.24have been prescribed by rules as provided by sections and ; or if it is an 44.25imitation of another food that is not subject to clause (g), unless in either case its label 44.26bears in type of uniform size and prominence the word "imitation" and immediately 44.27thereafter the name of the food imitated; 44.28(d) If its container is so made, formed, or filled as to be misleading; 44.29(e) If in package form, unless it bears a label containing (1) the name and place of 44.30business of the manufacturer, packer, or distributor, and (2) an accurate statement of 44.31the net quantity of the contents in terms of weight, measure, or numerical count, which 44.32statement shall be separately and accurately stated in a uniform location upon the principal 44.33display panel of the label; provided, that under this subclause reasonable variations shall 44.34be permitted, and exemptions as to small packages shall be established by rules prescribed 44.35by the commissioner; 45.1(f) If any word, statement, or other information required by or under authority of 45.2the Minnesota Food Law to appear on the label or labeling is not prominently placed 45.3thereon with such conspicuousness (as compared with other words, statements, designs, or 45.4devices, in the labeling) and in such terms as to render it likely to be read and understood 45.5by the ordinary individual under customary conditions of purchase and use; 45.6(g) If it purports to be or is represented as a food for which a definition and standard 45.7of identity have been prescribed by rules as provided by sections and , 45.8unless (1) it conforms to such definition and standard, and (2) its label bears the name 45.9of the food specified in the definition and standard, and, insofar as may be required by 45.10such rules, the common names of optional ingredients (other than spices, flavoring, and 45.11coloring) present in such food; 45.12(h) If it purports to be or is represented as (1) a food for which a standard of quality 45.13has been prescribed by rules as provided by sections and , and its quality falls 45.14below such standard unless its label bears, in such manner and form as such rules specify, 45.15a statement that it falls below such standard, or (2) a food for which a standard or standards 45.16of fill of container have been prescribed by rule as provided by sections and , 45.17and it falls below the standard of fill of container applicable thereto unless its label bears, in 45.18such manner and form as such rules specify, a statement that it falls below such standard; 45.19(i) If it is not subject to the provisions of clause (g), unless it bears labeling clearly 45.20giving (1) the common or usual name of the food, if any there be, and (2) in case it 45.21is fabricated from two or more ingredients, the common or usual name of each such 45.22ingredient; except that spices, flavorings, and colorings, other than those sold as such, 45.23may be designated as spices, flavorings, and colorings, without naming each; provided, 45.24that to the extent that compliance with the requirements of this subclause is impractical 45.25or results in deception or unfair competition, exemptions shall be established by rules 45.26promulgated by the commissioner; 45.27(j) If it purports to be or is represented for special dietary uses, unless its label 45.28bears such information concerning its vitamin, mineral, and other dietary properties as 45.29the commissioner determines to be, and by rules prescribes as, necessary in order to fully 45.30inform purchasers as to its value for such uses; 45.31(k) If it bears or contains any artificial flavoring, artificial coloring, or chemical 45.32preservative, unless it bears labeling stating that fact; provided, that to the extent that 45.33compliance with the requirements of this clause is impracticable, exemptions shall be 45.34established by rules promulgated by the commissioner. The provisions of this clause and 45.35clauses (g) and (i) with respect to artificial coloring do not apply to butter, cheese or ice 46.1cream. The provisions with respect to chemical preservatives do not apply to a pesticide 46.2chemical when used in or on a raw agricultural commodity which is the product of the soil; 46.3(l) If it is a raw agricultural commodity which is the product of the soil, bearing or 46.4containing a pesticide chemical applied after harvest, unless the shipping container of such 46.5commodity bears labeling which declares the presence of such chemical in or on such 46.6commodity and the common or usual name and the function of such chemical; provided, 46.7however, that no such declaration shall be required while such commodity, having been 46.8removed from the shipping container, is being held or displayed for sale at retail out of 46.9such container in accordance with the custom of the trade; 46.10(m) If it is a product intended as an ingredient of another food and when used 46.11according to the directions of the purveyor will result in the final food product being 46.12adulterated or misbranded; 46.13(n) If it is a color additive unless its packaging and labeling are in conformity with 46.14such packaging and labeling requirements applicable to such color additive prescribed 46.15under the provisions of the federal act. 46.16    Sec. 15. Minnesota Statutes 2010, section 31A.02, subdivision 13, is amended to read: 46.17    Subd. 13. Adulterated. "Adulterated" means a carcass, part of a carcass, meat, 46.18poultry, poultry food product, or meat food product under one or more of the following 46.19circumstances: new text begin an item is covered by section 34A.02. new text end 46.20(a) if it bears or contains a poisonous or harmful substance which may render 46.21it injurious to health; but if the substance is not an added substance, the article is not 46.22adulterated if the quantity of the substance in or on the article does not ordinarily make it 46.23injurious to health; 46.24(b) if it bears or contains, by administration of a substance to the live animal or 46.25otherwise, an added poisonous or harmful substance, other than (1) a pesticide chemical in 46.26or on a raw agricultural commodity; (2) a food additive; or (3) a color additive, which 46.27may, in the judgment of the commissioner, make the article unfit for human food; 46.28(c) if it is, in whole or in part, a raw agricultural commodity that bears or contains a 46.29pesticide chemical which is unsafe within the meaning of section 408 of the Federal 46.30Food, Drug, and Cosmetic Act; 46.31(d) if it bears or contains a food additive which is unsafe within the meaning of 46.32section 409 of the Federal Food, Drug, and Cosmetic Act; 46.33(e) if it bears or contains a color additive which is unsafe within the meaning of 46.34section 706 of the Federal Food, Drug, and Cosmetic Act; 47.1(f) if it contains a filthy, putrid, or decomposed substance or is for any other reason 47.2unfit for human food; 47.3(g) if it has been prepared, packed, or held under unsanitary conditions so that it may 47.4be contaminated with filth or harmful to health; 47.5(h) if it is wholly or partly the product of an animal which has died otherwise than 47.6by slaughter; 47.7(i) if its container is wholly or partly composed of a poisonous or harmful substance 47.8which may make the contents harmful to health; 47.9(j) if it has been intentionally subjected to radiation, unless the use of the radiation 47.10conformed with a regulation or exemption in effect under section 409 of the Federal 47.11Food, Drug, and Cosmetic Act; 47.12(k) if a valuable constituent has been wholly or partly omitted or removed from it; 47.13if a substance has been wholly or partly substituted for it; if damage or inferiority has 47.14been concealed; or if a substance has been added to it or mixed or packed with it so as 47.15to increase its bulk or weight, reduce its quality or strength, or make it appear better 47.16or of greater value than it is; or 47.17(l) if it is margarine containing animal fat and any of the raw material used in it 47.18wholly or partly consisted of a filthy, putrid, or decomposed substance. 47.19    Sec. 16. Minnesota Statutes 2010, section 31A.02, subdivision 14, is amended to read: 47.20    Subd. 14. Misbranded. "Misbranded" means a carcass, part of a carcass, meat, 47.21poultry, poultry food product, or meat food product under one or more of the following 47.22circumstances: new text begin an item is covered by section 34A.03. new text end 47.23(a) if its labeling is false or misleading; 47.24(b) if it is offered for sale under the name of another food; 47.25(c) if it is an imitation of another food, unless its label bears, in type of uniform 47.26size and prominence, the word "imitation" followed immediately by the name of the 47.27food imitated; 47.28(d) if its container is made, formed, or filled so as to be misleading; 47.29(e) if its package or other container does not have a label showing (1) the name and 47.30place of business of the manufacturer, packer, or distributor; and (2) an accurate statement 47.31of the quantity of the contents in terms of weight, measure, or numerical count subject 47.32to reasonable variations permitted and exemptions for small packages established in 47.33rules of the commissioner; 47.34(f) if a word, statement, or other information required by or under authority of this 47.35chapter to appear on the label or other labeling is not prominently and conspicuously 48.1placed on the label or labeling in terms that make it likely to be read and understood by the 48.2ordinary individual under customary conditions of purchase and use; 48.3(g) if it is represented as a food for which a definition and standard of identity or 48.4composition has been prescribed by rules of the commissioner under section , 48.5unless (1) it conforms to the definition and standard, and (2) its label bears the name of the 48.6food specified in the definition and standard and, if required by the rules, the common 48.7names of optional ingredients, other than spices, flavoring, and coloring, present in the 48.8food; 48.9(h) if it is represented as a food for which a standard of fill of container has been 48.10prescribed by rules of the commissioner under section , and it falls below the 48.11applicable standard of fill of container, unless its label bears, in the manner and form the 48.12rules specify, a statement that it falls below the standard; 48.13(i) if it is not subject to paragraph (g), unless its label bears (1) the usual name of 48.14the food, if there is one, and (2) in case it is fabricated from two or more ingredients, 48.15the common or usual name of each ingredient; except that spices, flavorings, and 48.16colorings may, when authorized by the commissioner, be designated as spices, flavorings, 48.17and colorings without naming each. To the extent that compliance with clause (2) is 48.18impracticable, or results in deception or unfair competition, the commissioner shall 48.19establish exemptions by rule; 48.20(j) if it purports to be or is represented for special dietary uses, unless its label bears 48.21the information concerning its vitamin, mineral, and other dietary properties that the 48.22commissioner, after consultation with the Secretary of Agriculture of the United States, 48.23determines by rule to be necessary to inform purchasers of its value for special dietary uses; 48.24(k) if it bears or contains any artificial flavoring, artificial coloring, or chemical 48.25preservative, unless it bears labeling stating that fact; 48.26(l) if it fails to bear, directly or on its container, as the commissioner by rule 48.27prescribes, the inspection legend and other information the commissioner may require by 48.28rule to assure that it will not have false or misleading labeling and that the public will be 48.29told how to keep the article wholesome. 48.30    Sec. 17. Minnesota Statutes 2010, section 31A.02, subdivision 15, is amended to read: 48.31    Subd. 15. Label. "Label" means a display of written, printed, or graphic matter on 48.32an article's immediate container, not including package liners new text begin has the meaning given new text end 48.33 new text begin in section 34A.01, subdivision 6 new text end . 48.34    Sec. 18. Minnesota Statutes 2010, section 31A.02, subdivision 16, is amended to read: 49.1    Subd. 16. Labeling. "Labeling" means labels and other written, printed, or graphic 49.2matter (1) on an article or its containers or wrappers, or (2) accompanying an article new text begin has new text end 49.3 new text begin the meaning given in section 34A.01, subdivision 7 new text end . 49.4    Sec. 19. Minnesota Statutes 2010, section 31A.23, is amended to read: 49.531A.23 DETENTION OF ANIMALS OR PRODUCTS. 49.6This section applies to a carcass, part of a carcass, meat, or meat food product of an 49.7animal, a product exempted from the definition of a meat food product, or a dead, dying, 49.8disabled, or diseased animal. If an authorized representative of the commissioner finds 49.9such an article or animal on premises where it is held for purposes of, during, or after 49.10distribution in intrastate commerce, and there is reason to believe that it is adulterated or 49.11misbranded and is usable as human food, or that it has not been inspected, in violation of 49.12sections 31A.01 to 31A.16, the Federal Meat Inspection Act, or the Federal Food, Drug, 49.13and Cosmetic Act, or that the article or animal has been or is intended to be distributed in 49.14violation of a provision of those laws, it may be detained by the representative for up to 49.1520 days pending action under section new text begin 34A.11, subdivision 2, new text end or notification of 49.16federal authorities having jurisdiction over the article or animal. It must not be moved 49.17by a person, firm, or corporation from the place at which it is located when detained, 49.18until released by the representative. The representative may require all official marks to 49.19be removed from the article or animal before it is released unless the commissioner is 49.20satisfied that the article or animal is eligible to retain the official marks. 49.21    Sec. 20. Minnesota Statutes 2010, section 32.01, subdivision 11, is amended to read: 49.22    Subd. 11. Adulterated. "Adulterated" has the meaning given it in section 31.01, 49.23subdivision 19 , and acts amendatory thereof new text begin means an item is covered by section 34A.02 new text end . 49.24    Sec. 21. Minnesota Statutes 2010, section 32.01, subdivision 12, is amended to read: 49.25    Subd. 12. Misbranded. "Misbranded" or "misbranding" has the meaning given 49.26in section 31.01, subdivision 5, and acts amendatory thereof new text begin means an item is covered new text end 49.27 new text begin by section 34A.03 new text end . 49.28    Sec. 22. new text begin [34A.01] DEFINITIONS. new text end 49.29     new text begin Subdivision 1. new text end new text begin Applicability. new text end new text begin The definitions in this section and chapters 28, 28A, new text end 49.30 new text begin 29, 30, 31, 31A, 32, and 34 apply to this chapter. The definitions in this section apply new text end 49.31 new text begin to chapter 32. new text end 49.32     new text begin Subd. 2. new text end new text begin Commissioner. new text end new text begin "Commissioner" means the commissioner of agriculture. new text end 50.1     new text begin Subd. 3. new text end new text begin Federal act. new text end new text begin "Federal act" means the federal Food, Drug, and Cosmetic new text end 50.2 new text begin Act, as amended, United States Code, title 21, sections 301 et seq. new text end 50.3     new text begin Subd. 4. new text end new text begin Food. new text end new text begin "Food" means every ingredient used for, entering into the new text end 50.4 new text begin consumption of, or used or intended for use in the preparation of food, drink, confectionery, new text end 50.5 new text begin or condiment for humans or other animals, whether simple, mixed, or compound; and new text end 50.6 new text begin articles used as components of these ingredients. new text end 50.7     new text begin Subd. 5. new text end new text begin Frozen food. new text end new text begin "Frozen food" is food that is processed and preserved by new text end 50.8 new text begin freezing and which is intended to be sold in the frozen state. new text end 50.9     new text begin Subd. 6. new text end new text begin Label. new text end new text begin "Label" means a display of written, printed, or graphic matter new text end 50.10 new text begin upon or affixed to the container of any food, and includes a like display, if required by new text end 50.11 new text begin law or rule, on the outside container or wrapper, if there is one, of the retail package new text end 50.12 new text begin of the food, not including package liners. new text end 50.13     new text begin Subd. 7. new text end new text begin Labeling. new text end new text begin "Labeling" means labels and other written, printed, or graphic new text end 50.14 new text begin matter: new text end 50.15 new text begin (1) on food or its containers or wrappers; new text end 50.16 new text begin (2) accompanying or supporting food; or new text end 50.17 new text begin (3) a placard in, on, or adjacent to the food. new text end 50.18     new text begin Subd. 8. new text end new text begin Nonperishable food. new text end new text begin "Nonperishable food" is food with a shelf life of new text end 50.19 new text begin more than 90 days and that is not perishable food, readily perishable food, or frozen food. new text end 50.20     new text begin Subd. 9. new text end new text begin Perishable food. new text end new text begin "Perishable food" means food including, but not limited new text end 50.21 new text begin to, fresh fruits, fresh vegetables, and other products that need protection from extremes of new text end 50.22 new text begin temperatures in order to avoid decomposition by microbial growth or otherwise. new text end 50.23     new text begin Subd. 10. new text end new text begin Person. new text end new text begin "Person" means any individual, firm, partnership, cooperative, new text end 50.24 new text begin society, joint stock association, association, company, or corporation and includes any new text end 50.25 new text begin officer, employee, agent, trustee, receiver, assignee, or other similar business entity or new text end 50.26 new text begin representative of one of those entities. new text end 50.27     new text begin Subd. 11. new text end new text begin Readily perishable food. new text end new text begin "Readily perishable food" is food or a food new text end 50.28 new text begin ingredient consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry, new text end 50.29 new text begin or other food or food ingredient that is capable of supporting growth of infectious or new text end 50.30 new text begin toxigenic microorganisms. Readily perishable food requires time and temperature control new text end 50.31 new text begin to limit pathogenic microorganism growth or toxin formation. new text end 50.32     new text begin Subd. 12. new text end new text begin Sell; sale. new text end new text begin "Sell" and "sale" mean keeping, offering, or exposing for sale, new text end 50.33 new text begin use, transporting, transferring, negotiating, soliciting, or exchanging food; having in new text end 50.34 new text begin possession with intent to sell, use, transport, negotiate, solicit, or exchange food; storing, new text end 50.35 new text begin manufacturing, producing, processing, packing, and holding of food for sale; dispensing or new text end 51.1 new text begin giving food; or supplying or applying food in the conduct of any food operation or carrying new text end 51.2 new text begin food in aid of traffic in food whether done or permitted in person or through others. new text end 51.3    Sec. 23. new text begin [34A.012] EXCLUSIONS. new text end 51.4 new text begin The following items are not perishable food, readily perishable food, or frozen food: new text end 51.5 new text begin (1) packaged pickles; new text end 51.6 new text begin (2) jellies, jams, and condiments in sealed containers; new text end 51.7 new text begin (3) bakery products such as bread, rolls, buns, donuts, fruit-filled pies, and pastries; new text end 51.8 new text begin (4) dehydrated packaged food; new text end 51.9 new text begin (5) dry or packaged food with a water activity that precludes development of new text end 51.10 new text begin microorganisms; and new text end 51.11 new text begin (6) food in unopened hermetically sealed containers that is commercially processed new text end 51.12 new text begin to achieve and maintain commercial sterility under conditions of nonrefrigerated storage new text end 51.13 new text begin and distribution. new text end 51.14    Sec. 24. new text begin [34A.02] ADULTERATION. new text end 51.15 new text begin Food is adulterated if: new text end 51.16 new text begin (1) it bears or contains any poisonous or deleterious substance which may render new text end 51.17 new text begin it injurious to health; but if the substance is not an added substance, the item is not new text end 51.18 new text begin adulterated under this clause if the quantity of the substance in the item does not ordinarily new text end 51.19 new text begin render it injurious to health; new text end 51.20 new text begin (2) it bears or contains any added poisonous, deleterious, or nonnutritive substance, new text end 51.21 new text begin other than one which is a pesticide in or on a raw agricultural commodity; a food additive; new text end 51.22 new text begin or a color additive, that is unsafe within the meaning of section 31.122 or section 406 new text end 51.23 new text begin of the federal act; new text end 51.24 new text begin (3) it bears or contains, by administration of a substance to the live animal or new text end 51.25 new text begin otherwise, an added poisonous or harmful substance, other than a pesticide in or on a raw new text end 51.26 new text begin agricultural commodity, a food additive, or a color additive, that may, in the judgment of new text end 51.27 new text begin the commissioner, make the article unfit for human food; new text end 51.28 new text begin (4) it is unsafe or bears or contains any food additive that is unsafe within the new text end 51.29 new text begin meaning of section 31.122 or section 409 of the federal act; new text end 51.30 new text begin (5) it is or bears or contains any color additive that is unsafe within the meaning of new text end 51.31 new text begin section 31.122 or section 706 of the federal act; new text end 51.32 new text begin (6) it is a raw agricultural commodity and it bears or contains a pesticide that is new text end 51.33 new text begin unsafe within the meaning of section 31.122 or section 408 of the federal act; new text end 52.1 new text begin (7) it consists in whole or in part of a diseased, contaminated, filthy, putrid, or new text end 52.2 new text begin decomposed substance, or if it is otherwise unfit for food; new text end 52.3 new text begin (8) it has been produced, prepared, packed, or held under unsanitary conditions new text end 52.4 new text begin whereby it may have become contaminated with filth, or whereby it may have been new text end 52.5 new text begin rendered diseased, unwholesome, or injurious to health; new text end 52.6 new text begin (9) it is in whole or in part the product of a diseased animal or of an animal which new text end 52.7 new text begin has died otherwise than by slaughter that is unsafe within the meaning of section 402(a)(1) new text end 52.8 new text begin or (2) of the federal act, or of an animal that has been fed upon the uncooked offal from a new text end 52.9 new text begin slaughterhouse; new text end 52.10 new text begin (10) its container is wholly or partly composed of any poisonous or deleterious new text end 52.11 new text begin substance that may render the contents injurious to health; new text end 52.12 new text begin (11) it has been intentionally subjected to radiation, unless the use of the radiation new text end 52.13 new text begin was in conformity with a rule, regulation, or exemption in effect pursuant to section new text end 52.14 new text begin 31.122 or section 409 of the federal act; new text end 52.15 new text begin (12) any valuable constituent has been in whole or in part omitted or abstracted new text end 52.16 new text begin therefrom; if any substance has been substituted wholly or in part therefor; or if damage or new text end 52.17 new text begin inferiority has been concealed in any manner; new text end 52.18 new text begin (13) any substance has been added to it or mixed or packed with it so as to increase new text end 52.19 new text begin its bulk or weight, reduce its quality or strength, or make it appear better or of greater new text end 52.20 new text begin value than it is; new text end 52.21 new text begin (14) its composition or quality falls below or differs from that which it is purported new text end 52.22 new text begin or is represented to possess by its labeling; or new text end 52.23 new text begin (15) it is confectionery and: new text end 52.24 new text begin (i) has partially or completely imbedded therein any nonnutritive object; provided, new text end 52.25 new text begin that this clause does not apply in the case of any nonnutritive object if in the judgment new text end 52.26 new text begin of the commissioner, as provided by rules, the object is of practical functional value to new text end 52.27 new text begin the confectionery product and would not render the product injurious or hazardous to new text end 52.28 new text begin human or animal health; or new text end 52.29 new text begin (ii) bears or contains any nonnutritive substance; provided that this item does not new text end 52.30 new text begin apply to a confection containing alcohol as defined in section 31.76, or a safe nonnutritive new text end 52.31 new text begin substance which is in or on confectionery by reason of its use for some practical functional new text end 52.32 new text begin purpose in the manufacture, packaging, or storing of the confectionery if the use of the new text end 52.33 new text begin substance does not promote deception of the consumer or otherwise result in adulteration new text end 52.34 new text begin or misbranding in violation of this chapter, and provided further that the commissioner new text end 52.35 new text begin may, for the purpose of avoiding or resolving uncertainty as to the application of this new text end 52.36 new text begin clause, issue rules allowing or prohibiting the use of particular nonnutritive substances. new text end 53.1    Sec. 25. new text begin [34A.03] MISBRANDING. new text end 53.2 new text begin (a) Food is misbranded if: new text end 53.3 new text begin (1) its labeling is false or misleading in any particular, or its labeling, whether on new text end 53.4 new text begin the item itself, its container, or its package, fails to conform with the requirements of new text end 53.5 new text begin this chapter; new text end 53.6 new text begin (2) it is offered for sale or distributed under the name of another food; new text end 53.7 new text begin (3) it is an imitation of another food for which a definition and standard of identity new text end 53.8 new text begin have been prescribed by rules as provided by sections 31.10 and 31.102; or if it is an new text end 53.9 new text begin imitation of another food that is not subject to clause (5), unless in either case its label new text end 53.10 new text begin bears in type of uniform size and prominence the word "imitation" and immediately new text end 53.11 new text begin thereafter the name of the food imitated; new text end 53.12 new text begin (4) its container is so made, formed, or filled as to be misleading; new text end 53.13 new text begin (5) it purports to be or is represented as a food for which a definition and standard new text end 53.14 new text begin of identity have been prescribed by rules as provided by sections 31.10, 31.102, and new text end 53.15 new text begin 31A.07, unless it conforms to that definition and standard, and its label bears the name new text end 53.16 new text begin of the food specified in the definition and standard, and insofar as may be required by new text end 53.17 new text begin the rules, the common names of optional ingredients, other than spices, flavoring, and new text end 53.18 new text begin coloring, present in the food; new text end 53.19 new text begin (6) it purports to be or is represented as: new text end 53.20 new text begin (i) a food for which a standard of quality has been prescribed by rules as provided by new text end 53.21 new text begin sections 31.10 and 31.102, and its quality falls below that standard unless its label bears in new text end 53.22 new text begin a manner and form the rules specify, a statement that it falls below the standard; or new text end 53.23 new text begin (ii) a food for which a standard or standards of fill of container have been prescribed new text end 53.24 new text begin by rule as provided by sections 31.10, 31.102, and 31A.07, and it falls below the standard new text end 53.25 new text begin of fill of container applicable thereto unless its label bears, in a manner and form the rules new text end 53.26 new text begin specify, a statement that it falls below the standard; new text end 53.27 new text begin (7) it is not subject to clause (5), unless it bears labeling clearly giving the common new text end 53.28 new text begin or usual name of the food, if there is one, and in case it is fabricated from two or more new text end 53.29 new text begin ingredients, the common or usual name of each ingredient, except that spices, flavorings, new text end 53.30 new text begin and colorings, other than those sold as such, may be designated as spices, flavorings, and new text end 53.31 new text begin colorings, without naming each; provided, that to the extent that compliance with the new text end 53.32 new text begin requirements of this clause is impractical or results in deception or unfair competition, new text end 53.33 new text begin exemptions must be established by rules promulgated by the commissioner; new text end 53.34 new text begin (8) it purports to be or is represented for special dietary uses, unless its label new text end 53.35 new text begin bears information concerning its vitamin, mineral, and other dietary properties as the new text end 54.1 new text begin commissioner determines to be, and by rules prescribed as, necessary in order to fully new text end 54.2 new text begin inform purchasers as to its value for those uses; new text end 54.3 new text begin (9) it bears or contains any artificial flavoring, artificial coloring, or chemical new text end 54.4 new text begin preservative, unless it bears labeling stating that fact; provided that, to the extent that new text end 54.5 new text begin compliance with the requirements of this clause is impracticable, exemptions must be new text end 54.6 new text begin established by rules promulgated by the commissioner. The provisions of this clause and new text end 54.7 new text begin clauses (5) and (7) with respect to artificial coloring do not apply to butter, cheese, or ice new text end 54.8 new text begin cream. The provisions with respect to chemical preservatives do not apply to a pesticide new text end 54.9 new text begin when used in or on a raw agricultural commodity which is the product of the soil; new text end 54.10 new text begin (10) it is a product intended as an ingredient of another food and when used new text end 54.11 new text begin according to the directions of the purveyor will result in the final food product being new text end 54.12 new text begin adulterated or misbranded; new text end 54.13 new text begin (11) it is a color additive unless its packaging and labeling are in conformity with new text end 54.14 new text begin such packaging and labeling requirements applicable to the color additive prescribed new text end 54.15 new text begin under the provisions of the federal act; new text end 54.16 new text begin (12) it is food subject to section 31.101, subdivision 10, or chapter 31A, that fails to new text end 54.17 new text begin bear, directly or on its container, as the commissioner by rule prescribes, the inspection new text end 54.18 new text begin legend and other information the commissioner may require by rule to ensure that it new text end 54.19 new text begin will not have false or misleading labeling, and that the public will be told how to keep new text end 54.20 new text begin the article wholesome; or new text end 54.21 new text begin (13) its labeling would deceive or mislead the purchaser with respect to its new text end 54.22 new text begin composition or suitability. new text end 54.23 new text begin (b) Food is also misbranded if it is a raw agricultural commodity which is the new text end 54.24 new text begin product of the soil, bearing or containing a pesticide applied after harvest, unless the new text end 54.25 new text begin shipping container of that commodity bears labeling which declares the presence of the new text end 54.26 new text begin chemical in or on the commodity and the common or usual name and the function of the new text end 54.27 new text begin chemical. No such declaration is required while the commodity, having been removed new text end 54.28 new text begin from the shipping container, is being held or displayed for sale at retail out of the container new text end 54.29 new text begin in accordance with the custom of the trade. new text end 54.30    Sec. 26. new text begin [34A.04] ENFORCEMENT. new text end 54.31     new text begin Subdivision 1. new text end new text begin Enforcement required. new text end new text begin (a) The commissioner shall enforce this new text end 54.32 new text begin chapter and chapters 28, 28A, 29, 30, 31, 31A, and 34. To carry out the enforcement duties new text end 54.33 new text begin under these chapters, the commissioner may, upon presenting appropriate credentials, new text end 54.34 new text begin during regular working hours and at other reasonable times, inspect premises subject new text end 54.35 new text begin to the commissioner's enforcement and licensing authority; require information from new text end 55.1 new text begin persons with information relevant to an inspection; and inspect and copy relevant papers new text end 55.2 new text begin and records, including business records. new text end 55.3 new text begin (b) The commissioner may administer oaths, take and cause to be taken depositions new text end 55.4 new text begin of witnesses, and issue subpoenas, and may petition the district court in the county in which new text end 55.5 new text begin the premises is located to compel compliance with subpoenas or to permit an inspection. new text end 55.6 new text begin (c) Violations of chapters 28, 28A, 29, 30, 31, 31A, and 34, or rules adopted under new text end 55.7 new text begin chapters 28, 28A, 29, 30, 31, 31A, and 34 are a violation of this chapter. new text end 55.8 new text begin (d) Upon the request of the commissioner, county attorneys, sheriffs, and other new text end 55.9 new text begin officers having authority in the enforcement of the general criminal laws shall take action new text end 55.10 new text begin to the extent of their authority necessary or proper for the enforcement of this chapter or new text end 55.11 new text begin standards, stipulations, and agreements of the commissioner. new text end 55.12     new text begin Subd. 2. new text end new text begin Commissioner's discretion. new text end new text begin If minor violations of this chapter occur or new text end 55.13 new text begin the commissioner believes the public interest will be best served by a suitable notice of new text end 55.14 new text begin warning in writing, this chapter does not require the commissioner to take any additional new text end 55.15 new text begin action. new text end 55.16     new text begin Subd. 3. new text end new text begin Civil actions. new text end new text begin Civil judicial enforcement actions may be brought by the new text end 55.17 new text begin attorney general in the name of the state on behalf of the commissioner. A county attorney new text end 55.18 new text begin may bring a civil judicial enforcement action upon the request of the commissioner and new text end 55.19 new text begin agreement by the attorney general. new text end 55.20     new text begin Subd. 4. new text end new text begin Injunction. new text end new text begin The commissioner may apply to a court with jurisdiction for a new text end 55.21 new text begin temporary or permanent injunction to prevent, restrain, or enjoin violations of provisions new text end 55.22 new text begin of this chapter. new text end 55.23     new text begin Subd. 5. new text end new text begin Criminal actions. new text end new text begin Each county attorney or city attorney to whom the new text end 55.24 new text begin commissioner reports any violation of this chapter shall consider instituting appropriate new text end 55.25 new text begin proceedings in the proper courts and prosecuting them in the manner required by law. If new text end 55.26 new text begin the county or city attorney refuses to prosecute, the attorney general, on request of the new text end 55.27 new text begin commissioner, may prosecute. new text end 55.28    Sec. 27. new text begin [34A.05] FALSE STATEMENT OR RECORD. new text end 55.29 new text begin A person must not knowingly make or offer a false statement, record, or other new text end 55.30 new text begin information as part of: new text end 55.31 new text begin (1) an application for registration, listing, license, certification, or permit subject new text end 55.32 new text begin to this chapter; new text end 55.33 new text begin (2) records or reports required subject to this chapter; or new text end 55.34 new text begin (3) an investigation of a violation of this chapter. new text end 56.1    Sec. 28. new text begin [34A.06] ADMINISTRATIVE ACTIONS. new text end 56.2     new text begin Subdivision 1. new text end new text begin Administrative enforcement. new text end new text begin (a) The commissioner may enforce new text end 56.3 new text begin this chapter by written warning, administrative meeting, cease and desist, forced sale, new text end 56.4 new text begin detain, embargo, condemnation, citation, corrective action order, seizure, agreement, new text end 56.5 new text begin withdrawal from distribution, or administrative penalty if the commissioner determines new text end 56.6 new text begin that the remedy is in the public interest. new text end 56.7 new text begin (b) For facilities required to submit a plan review under rules of the commissioner of new text end 56.8 new text begin agriculture, the commissioner may withdraw by written order the approval of a facility or new text end 56.9 new text begin equipment if: new text end 56.10 new text begin (1) hazards to human life exist; or new text end 56.11 new text begin (2) there is satisfactory evidence that the person to whom the approval was issued new text end 56.12 new text begin has used fraudulent or deceptive practices to evade or attempt to evade provisions of new text end 56.13 new text begin this chapter. new text end 56.14 new text begin (c) Any action under this subdivision may be appealed pursuant to section 34A.08. new text end 56.15     new text begin Subd. 2. new text end new text begin License revocation, suspension, and refusal. new text end new text begin (a) The commissioner new text end 56.16 new text begin may revoke, suspend, limit, modify, or refuse to grant or renew a registration, listing, new text end 56.17 new text begin permit, license, or certification if a person violates or has violated this chapter within new text end 56.18 new text begin the last three years. new text end 56.19 new text begin (b) The commissioner may revoke, suspend, limit, modify, or refuse to grant or new text end 56.20 new text begin renew a registration, listing, permit, license, or certification to a person from another state new text end 56.21 new text begin if that person has had a registration, permit, license, or certification denied, revoked, new text end 56.22 new text begin or suspended by another state for an offense reasonably related to the requirements, new text end 56.23 new text begin qualifications, or duties of a registration, permit, license, or certification issued under new text end 56.24 new text begin this chapter. new text end 56.25 new text begin (c) The commissioner may revoke, suspend, limit, modify, or refuse to grant or new text end 56.26 new text begin renew a registration, listing, permit, license, or certification to a person after receiving new text end 56.27 new text begin satisfactory evidence that the registrant, permittee, licensee, or certificate holder has used new text end 56.28 new text begin fraudulent and deceptive practices in the evasion or attempted evasion of this chapter. new text end 56.29 new text begin (d) A registration, listing, permit, license, or certification may not be revoked or new text end 56.30 new text begin suspended until the registrant, permittee, licensee, or certificate holder has been given new text end 56.31 new text begin opportunity for a hearing by the commissioner. After receiving notice of revocation or new text end 56.32 new text begin suspension, a registrant, permittee, licensee, registrant, or certificate holder has ten days to new text end 56.33 new text begin request a hearing, or another time period mutually agreed to by both parties. If no request is new text end 56.34 new text begin made within ten days or other agreed-upon time, the registration, listing, permit, license, or new text end 56.35 new text begin certification is revoked or suspended. In the case of a refusal to grant a registration, listing, new text end 56.36 new text begin permit, license, or certification, the registrant, permittee, licensee, registrant, or certificate new text end 57.1 new text begin holder has ten days from notice of refusal to request a hearing. Upon receiving a request new text end 57.2 new text begin for hearing, the department shall proceed pursuant to section 34A.08, subdivision 2. new text end 57.3    Sec. 29. new text begin [34A.07] ADMINISTRATIVE PENALTIES. new text end 57.4     new text begin Subdivision 1. new text end new text begin Assessment. new text end new text begin (a) In determining the amount of the administrative new text end 57.5 new text begin penalty, the commissioner shall consider the economic gain received by the person new text end 57.6 new text begin allowing or committing the violation, the gravity of the violation in terms of actual or new text end 57.7 new text begin potential damage to human or animal health and the environment, the willfulness of the new text end 57.8 new text begin violation, number of violations, history of past violations, and other factors justice may new text end 57.9 new text begin require, if the additional factors are specifically identified in the inspection report. For a new text end 57.10 new text begin violation after an initial violation, the commissioner shall also consider the similarity of new text end 57.11 new text begin the most recent previous violation and the violation to be penalized, the time elapsed since new text end 57.12 new text begin the last violation, the number of previous violations, and the response of the person to the new text end 57.13 new text begin most recent previous violation identified. new text end 57.14 new text begin (b) The commissioner may issue an administrative citation assessing an new text end 57.15 new text begin administrative penalty of up to $1,500 for each violation of this chapter. Each day a new text end 57.16 new text begin violation continues is a separate violation. The citation must describe the nature of the new text end 57.17 new text begin violation, the statute or rule alleged to have been violated, the time for correction, if new text end 57.18 new text begin applicable, and the amount of any proposed fine. The citation must advise the person to new text end 57.19 new text begin notify the commissioner in writing within 20 days, or another time period mutually agreed new text end 57.20 new text begin to by the commissioner and the person subject to the citation, if the person wishes to new text end 57.21 new text begin appeal the citation and that if the person fails to appeal the citation, the citation is the new text end 57.22 new text begin final order and not subject to further review. new text end 57.23 new text begin (c) An administrative penalty may be assessed if the person subject to a written order new text end 57.24 new text begin does not comply with the order in the time provided in the order. new text end 57.25     new text begin Subd. 2. new text end new text begin Collection of penalty. new text end new text begin (a) If a person subject to an administrative penalty new text end 57.26 new text begin fails to pay the penalty, which must be part of a final citation by the commissioner, by 30 new text end 57.27 new text begin days after the final order is issued, the commissioner may commence a civil action for new text end 57.28 new text begin double the assessed penalty plus attorney fees and costs. new text end 57.29 new text begin (b) An administrative penalty may be recovered in a civil action in the name of the new text end 57.30 new text begin state brought in the district court of the county where the violation is alleged to have new text end 57.31 new text begin occurred or the district court where the commissioner has an office. new text end 57.32    Sec. 30. new text begin [34A.08] APPEAL OF ADMINISTRATIVE ACTION OR PENALTY. new text end 57.33     new text begin Subdivision 1. new text end new text begin Notice of appeal. new text end new text begin (a) After service of a citation under section 34A.07 new text end 57.34 new text begin or order under section 34A.06, subdivision 1, a person has 20 days from receipt of the new text end 58.1 new text begin citation or order, or another time period mutually agreed to by the commissioner and the new text end 58.2 new text begin person subject to the citation or order, to notify the commissioner in writing that the new text end 58.3 new text begin person intends to contest the citation or order through a hearing. The hearing request new text end 58.4 new text begin must specifically identify the order or citation being contested and state the grounds for new text end 58.5 new text begin contesting it. new text end 58.6 new text begin (b) If the person fails to notify the commissioner that the person intends to contest new text end 58.7 new text begin the citation or order, the citation or order is final and not subject to further judicial or new text end 58.8 new text begin administrative review. new text end 58.9     new text begin Subd. 2. new text end new text begin Administrative review. new text end new text begin If a person notifies the commissioner that new text end 58.10 new text begin the person intends to contest a citation or order issued under this chapter, the Office new text end 58.11 new text begin of Administrative Hearings shall conduct a hearing in accordance with the applicable new text end 58.12 new text begin provisions of chapter 14 for hearings in contested cases. new text end 58.13    Sec. 31. new text begin [34A.09] CIVIL PENALTIES. new text end 58.14     new text begin Subdivision 1. new text end new text begin General penalty. new text end new text begin A person who violates this chapter or an order, new text end 58.15 new text begin standard, stipulation, agreement, citation, or schedule of compliance of the commissioner new text end 58.16 new text begin or impedes, hinders, or otherwise prevents or attempts to prevent performance of a duty new text end 58.17 new text begin by the commissioner in connection with this chapter is subject to a civil penalty of up to new text end 58.18 new text begin $7,500 per day of violation as determined by the court. new text end 58.19     new text begin Subd. 2. new text end new text begin Actions to compel performance. new text end new text begin In an action to compel performance of new text end 58.20 new text begin an order of the commissioner to enforce this chapter, the court must require a defendant new text end 58.21 new text begin adjudged responsible to perform the acts within the person's power that are reasonably new text end 58.22 new text begin necessary to accomplish the purposes of the order. new text end 58.23     new text begin Subd. 3. new text end new text begin Recovery of penalties by civil action. new text end new text begin The civil penalties and payments new text end 58.24 new text begin provided for in this section may be recovered by a civil action brought by the county new text end 58.25 new text begin attorney or the attorney general in the name of the state. new text end 58.26    Sec. 32. new text begin [34A.10] CRIMINAL PENALTIES. new text end 58.27     new text begin Subdivision 1. new text end new text begin General violation. new text end new text begin Except as provided in subdivisions 2 and 3, a new text end 58.28 new text begin person is guilty of a misdemeanor if the person violates this chapter or an order, standard, new text end 58.29 new text begin citation, stipulation, agreement, or schedule of compliance of the commissioner, or new text end 58.30 new text begin impedes, hinders, or otherwise prevents, or attempts to prevent the commissioner or a new text end 58.31 new text begin duly authorized agent in performance of a duty in connection with this chapter. Unless new text end 58.32 new text begin otherwise specified in this chapter, each separate violation is a separate offense, except new text end 58.33 new text begin that in the case of a violation through continuing failure or neglect to obey this chapter, new text end 58.34 new text begin each day the failure or neglect continues is a separate offense. new text end 59.1     new text begin Subd. 2. new text end new text begin Violation endangering humans or animals. new text end new text begin A person is guilty of a new text end 59.2 new text begin gross misdemeanor if the person violates this chapter or an order, standard, stipulation, new text end 59.3 new text begin agreement, or schedule of compliance of the commissioner and the violation endangers new text end 59.4 new text begin humans or animals. new text end 59.5     new text begin Subd. 3. new text end new text begin Violation with knowledge. new text end new text begin A person is guilty of a gross misdemeanor if new text end 59.6 new text begin the person knowingly violates this chapter or an order, standard, stipulation, agreement, or new text end 59.7 new text begin schedule of compliance of the commissioner. new text end 59.8    Sec. 33. new text begin [34A.11] EMBARGO, SEIZURE, AND CONDEMNATION. new text end 59.9     new text begin Subdivision 1. new text end new text begin Tag, notice, or withdrawal from distribution. new text end new text begin If the commissioner new text end 59.10 new text begin finds probable cause to believe that any food, animal, or consumer commodity is being new text end 59.11 new text begin distributed in violation of this chapter or rules under this chapter, or is adulterated or so new text end 59.12 new text begin misbranded as to be dangerous or fraudulent, the commissioner shall affix to the food, new text end 59.13 new text begin animal, or consumer commodity a tag, withdrawal from distribution order, or other new text end 59.14 new text begin appropriate marking giving notice that the food, animal, or consumer commodity is, or is new text end 59.15 new text begin suspected of being, adulterated, misbranded, or distributed in violation of this chapter, new text end 59.16 new text begin and has been detained or embargoed, and warning all persons not to remove or dispose new text end 59.17 new text begin of the food, animal, or consumer commodity by sale or otherwise until permission for new text end 59.18 new text begin removal or disposal is given by the commissioner or the court. It is unlawful for a person new text end 59.19 new text begin to remove or dispose of a detained or embargoed food, animal, or consumer commodity by new text end 59.20 new text begin sale or otherwise without the commissioner's or a court's permission and each transaction new text end 59.21 new text begin is a separate violation of this subdivision. new text end 59.22     new text begin Subd. 2. new text end new text begin Seizure. new text end new text begin A carcass; part of a carcass; meat or meat food product of an new text end 59.23 new text begin animal; or dead, dying, disabled, or diseased animal that is being transported in intrastate new text end 59.24 new text begin commerce, or is held for sale in this state after transportation in intrastate commerce, may new text end 59.25 new text begin be proceeded against, seized, and condemned if: new text end 59.26 new text begin (1) it is or has been prepared, sold, transported, or otherwise distributed, offered, or new text end 59.27 new text begin received for distribution in violation of this chapter; new text end 59.28 new text begin (2) it is usable as human food and is adulterated or misbranded; or new text end 59.29 new text begin (3) it is in any other way in violation of this chapter. new text end 59.30 new text begin The commissioner may act against the article or animal at any time on a complaint new text end 59.31 new text begin in the district court of the judicial district where the article or animal is found. new text end 59.32     new text begin Subd. 3. new text end new text begin Action for condemnation. new text end new text begin If food or an article or animal, detained or new text end 59.33 new text begin embargoed under subdivision 1 has been found by the commissioner to be adulterated new text end 59.34 new text begin or misbranded or in violation of this chapter, the commissioner shall petition the district new text end 59.35 new text begin court in the county in which the food or animal is detained or embargoed for an order and new text end 60.1 new text begin decree for the condemnation of the food or animal. The commissioner shall release the new text end 60.2 new text begin food or animal when this chapter and rules adopted under this chapter have been complied new text end 60.3 new text begin with or the food or animal is found to be not adulterated or misbranded. new text end 60.4     new text begin Subd. 4. new text end new text begin Remedies. new text end new text begin If the court finds that a detained or embargoed food or animal new text end 60.5 new text begin is adulterated, misbranded, or in violation of this chapter or rules adopted under this new text end 60.6 new text begin chapter, the following remedies are available: new text end 60.7 new text begin (1) after entering a decree, the food or animal may be destroyed at the expense of new text end 60.8 new text begin the claimant under the supervision of the commissioner, and all court costs, fees, storage, new text end 60.9 new text begin and other proper expenses, must be assessed against the claimant of the food or animal or new text end 60.10 new text begin the claimant's agent; and new text end 60.11 new text begin (2) if adulteration or misbranding can be corrected by proper labeling or processing new text end 60.12 new text begin of the food or animal, the court, after entry of the decree and after costs, fees, and expenses new text end 60.13 new text begin have been paid and a good and sufficient bond, conditioned that the food or animal must new text end 60.14 new text begin be properly labeled or processed, has been executed, may by order direct that the food or new text end 60.15 new text begin animal be delivered to the claimant for proper labeling or processing under the supervision new text end 60.16 new text begin of the commissioner. The expense of the supervision must be paid by the claimant. The new text end 60.17 new text begin food or animal must be returned to the claimant and the bond must be discharged on the new text end 60.18 new text begin representation to the court by the commissioner that the food or animal is no longer in new text end 60.19 new text begin violation and that the expenses for the supervision have been paid. new text end 60.20     new text begin Subd. 5. new text end new text begin Duties of commissioner. new text end new text begin If the commissioner finds in any room, building, new text end 60.21 new text begin vehicle of transportation, or other structure any meat, seafood, poultry, vegetable, fruit, or new text end 60.22 new text begin other perishable articles of food that are unsound, or contain any filthy, decomposed, or new text end 60.23 new text begin putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the new text end 60.24 new text begin commissioner shall condemn or destroy the item or in any other manner render the item as new text end 60.25 new text begin unsalable as human food, and no one has any cause of action against the commissioner new text end 60.26 new text begin on account of the commissioner's action. new text end 60.27     new text begin Subd. 6. new text end new text begin Emergency response. new text end new text begin If the governor declares an emergency order under new text end 60.28 new text begin section 12.31 and if the commissioner finds or has probable cause to believe that livestock, new text end 60.29 new text begin food, or a consumer commodity within a specific area is likely to be adulterated because new text end 60.30 new text begin of the emergency or so misbranded as to be dangerous or fraudulent, or is in violation of new text end 60.31 new text begin section 31.131, subdivision 1, the commissioner may embargo a geographic area that is new text end 60.32 new text begin included in the declared emergency. The commissioner shall provide notice to the public new text end 60.33 new text begin and to those with custody of the product in as thorough a manner as is practicable under new text end 60.34 new text begin the emergency circumstances. new text end 60.35    Sec. 34. new text begin [34A.12] POWERS OF THE COMMISSIONER. new text end 61.1     new text begin Subdivision 1. new text end new text begin Gathering information. new text end new text begin The commissioner may, for the purposes new text end 61.2 new text begin of this chapter: new text end 61.3 new text begin (1) gather and compile information concerning and investigate the organization, new text end 61.4 new text begin business, conduct, practices, and management of a person in intrastate commerce and new text end 61.5 new text begin the person's relation to other persons; and new text end 61.6 new text begin (2) require, by general or special orders, a person, persons, or a class of persons new text end 61.7 new text begin engaged in intrastate commerce to file with the commissioner, in the form the new text end 61.8 new text begin commissioner prescribes, annual and special reports or answers in writing to specific new text end 61.9 new text begin questions, giving the commissioner the information the commissioner requires about the new text end 61.10 new text begin organization, business, conduct, practices, management, and relation to other persons, of new text end 61.11 new text begin the person filing the reports or answers. The reports and answers must be made under new text end 61.12 new text begin oath, or otherwise, as the commissioner prescribes, and filed with the commissioner within new text end 61.13 new text begin a reasonable time the commissioner prescribes, unless additional time is granted by the new text end 61.14 new text begin commissioner. new text end 61.15     new text begin Subd. 2. new text end new text begin Examination of documents for evidence. new text end new text begin (a) For purposes of this new text end 61.16 new text begin chapter, the commissioner must at all reasonable times be allowed to examine and new text end 61.17 new text begin copy documentary evidence of a person being investigated or proceeded against. The new text end 61.18 new text begin commissioner may subpoena witnesses and require the production of documentary new text end 61.19 new text begin evidence of a person relating to any matter under investigation. The commissioner new text end 61.20 new text begin may sign subpoenas, administer oaths and affirmations, examine witnesses, and receive new text end 61.21 new text begin evidence. new text end 61.22 new text begin (b) Attendance of witnesses and the production of documentary evidence may new text end 61.23 new text begin be required at a designated hearing place. In case of disobedience to a subpoena, the new text end 61.24 new text begin commissioner may invoke the aid of the district court to require the attendance and new text end 61.25 new text begin testimony of witnesses and the production of documentary evidence. new text end 61.26 new text begin (c) The district court, in case of refusal to obey a subpoena issued to a person, may new text end 61.27 new text begin issue an order requiring the person to appear before the commissioner or to produce new text end 61.28 new text begin documentary evidence if ordered, or to give evidence touching the matter in question. new text end 61.29 new text begin Failure to obey the order of the court may be punishable by the court as a contempt. new text end 61.30 new text begin (d) Upon the application of the attorney general at the request of the commissioner, new text end 61.31 new text begin the district court may order a person to comply with this chapter or an order of the new text end 61.32 new text begin commissioner made under this chapter. new text end 61.33 new text begin (e) The commissioner may order testimony to be taken by deposition in a proceeding new text end 61.34 new text begin or investigation pending under this chapter at any state of the proceeding or investigation. new text end 61.35 new text begin Depositions may be taken before a person designated by the commissioner and having new text end 61.36 new text begin power to administer oaths. The testimony must be reduced to writing by the person taking new text end 62.1 new text begin the deposition or under the person's direction and must then be signed by the witness. A new text end 62.2 new text begin person may be compelled to appear and depose and to produce documentary evidence new text end 62.3 new text begin in the same manner as witnesses may be compelled to appear and testify and produce new text end 62.4 new text begin documentary evidence before the commissioner. new text end 62.5 new text begin (f) Witnesses summoned before the commissioner may be paid the same fees and new text end 62.6 new text begin mileage that are paid witnesses in the district courts. Witnesses whose depositions are new text end 62.7 new text begin taken and the persons taking them may be entitled to the fees that are paid for those new text end 62.8 new text begin services in the district court. new text end 62.9 new text begin (g) A person is not excused from attending and testifying or from producing books, new text end 62.10 new text begin papers, schedules of charges, contracts, agreements, or other documentary evidence new text end 62.11 new text begin before the commissioner or in obedience to the subpoena of the commissioner whether new text end 62.12 new text begin the subpoena is signed or issued by the commissioner or the commissioner's agent, or in new text end 62.13 new text begin any cause or proceeding, criminal or otherwise, based upon or growing out of an alleged new text end 62.14 new text begin violation of this chapter because the testimony or evidence, documentary or otherwise, new text end 62.15 new text begin required of the person may tend to incriminate the person or subject the person to a new text end 62.16 new text begin penalty or forfeiture. No person may be prosecuted or subjected to a penalty or forfeiture new text end 62.17 new text begin on account of a matter concerning which the person is compelled, after having claimed new text end 62.18 new text begin a privilege against self-incrimination, to testify or produce evidence, documentary or new text end 62.19 new text begin otherwise, except that a witness is not exempt from prosecution and punishment for new text end 62.20 new text begin perjury committed in testifying. new text end 62.21     new text begin Subd. 3. new text end new text begin Penalties related to testimony and records. new text end new text begin (a) A person who neglects new text end 62.22 new text begin or refuses to attend and testify, to answer a lawful inquiry, or to produce documentary new text end 62.23 new text begin evidence, if it is in the person's power to do so in obedience to the subpoena or lawful new text end 62.24 new text begin requirement of the commissioner, is guilty of a misdemeanor. new text end 62.25 new text begin (b) A person who willfully: new text end 62.26 new text begin (1) makes or causes to be made a false entry or statement of fact in a report required new text end 62.27 new text begin under this chapter; new text end 62.28 new text begin (2) makes or causes to be made a false entry in an account, record, or memorandum new text end 62.29 new text begin kept by a person subject to this chapter; new text end 62.30 new text begin (3) neglects or fails to make or to cause to be made full and correct entries in the new text end 62.31 new text begin accounts, records, or memoranda, of all facts and transactions relating to the person's new text end 62.32 new text begin business; new text end 62.33 new text begin (4) leaves the jurisdiction of this state; new text end 62.34 new text begin (5) mutilates, alters, or by any other means falsifies documentary evidence of a new text end 62.35 new text begin person subject to this chapter; or new text end 63.1 new text begin (6) refuses to submit to the commissioner, for inspection and copying, any new text end 63.2 new text begin documentary evidence of a person subject to this chapter in the person's possession or new text end 63.3 new text begin control, is guilty of a misdemeanor. new text end 63.4 new text begin (c) A person required by this chapter to file an annual or special report who fails to new text end 63.5 new text begin do so within the time fixed by the commissioner for filing the report and continues the new text end 63.6 new text begin failure for 30 days after notice of failure to file, is guilty of a misdemeanor. new text end 63.7 new text begin (d) An officer or employee of this state who makes public information obtained by new text end 63.8 new text begin the commissioner without the commissioner's authority, unless directed by a court, is new text end 63.9 new text begin guilty of a misdemeanor. new text end 63.10    Sec. 35. new text begin REPEALER. new text end 63.11 new text begin (a) Minnesota Statutes 2010, sections 28.15; 28A.12; 28A.13; 29.28; 31.031; new text end 63.12 new text begin 31.041; 31.05; 31.14; 31.393; 31.58; 31.592; 31.621, subdivision 5; 31.631, subdivision new text end 63.13 new text begin 4; 31.633, subdivision 2; 31.681; 31.74, subdivision 3; 31.91; 31A.24; 31A.26; and new text end 63.14 new text begin 34.113, new text end new text begin are repealed. new text end 63.15 new text begin (b) new text end new text begin Minnesota Rules, parts 1540.0010, subpart 26; 1550.0930, subparts 3, 4, 5, 6, new text end 63.16 new text begin and 7; 1550.1040, subparts 3, 4, 5, and 6; and 1550.1260, subparts 6 and 7, new text end new text begin are repealed. new text end