1.1A bill for an act1.2relating to agriculture; making policy and technical changes to various 1.3agricultural-related provisions; reorganizing dairy law; making conforming changes;1.4amending Minnesota Statutes 2016, sections 13.6435, subdivision 8; 15.985; 1.517.119, subdivision 1; 17.53, subdivisions 2, 8, 13; 17.983, subdivision 1; 17.984,
         1.6subdivision 1; 18B.01, by adding subdivisions; 18B.26, subdivision 1; 18B.28, 1.7subdivisions 1, 3; 18B.305, subdivision 1; 18B.33, subdivision 1; 18B.34, 1.8subdivision 1; 18B.36, subdivision 1; 18B.37, subdivision 3; 18C.70, subdivision 1.95; 18C.71, subdivision 4; 18H.06, subdivision 2; 18H.07, subdivisions 2, 3; 21.111,
         1.10subdivisions 2, 3; 21.113; 21.117; 25.32; 25.33, subdivisions 5, 10, 21; 25.341, 1.11subdivisions 1, 2; 25.35; 25.371, subdivision 2; 25.38; 25.39, subdivisions 1, 1a,
         1.122, 3; 25.40, subdivision 2; 25.41, subdivisions 1, 2, 3, 5, 7a; 25.42; 25.43; 27.04;
         1.1327.041, subdivision 1; 28A.21, subdivision 6; 31A.02, subdivision 4; 32C.02, 1.14subdivision 2; 32C.06; 34A.01, subdivision 1; 41B.03, subdivisions 2, 3; 41B.043,
         1.15subdivision 5; 41B.045, subdivision 2; 41C.02, subdivision 12; 116V.01, 1.16subdivisions 1, 2, 3, 4, 7, 10, 11, 13, 14; 223.17, subdivision 8; 232.22, subdivision
         1.177; proposing coding for new law as Minnesota Statutes, chapter 32D; repealing 1.18Minnesota Statutes 2016, sections 18B.01, subdivisions 10a, 10b, 22a; 18B.285; 1.1925.371, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15; 32.01, subdivisions
         1.201, 2, 6, 8, 9, 10, 11, 12; 32.021; 32.071; 32.072; 32.073; 32.074; 32.075; 32.076;
         1.2132.078; 32.10; 32.102; 32.103; 32.105; 32.106; 32.21; 32.212; 32.22; 32.25; 32.391,
         1.22subdivisions 1, 1d, 1e, 1f, 1g, 2, 3; 32.392; 32.393; 32.394, subdivisions 1, 2, 3,
         1.234, 5, 6, 7, 8, 8a, 8b, 8c, 8d, 8e, 9, 11, 12; 32.395; 32.397; 32.398, subdivision
         1; 1.2432.401, subdivisions 1, 2, 3, 5; 32.415; 32.416; 32.475; 32.481, subdivision 1; 1.2532.482; 32.483; 32.484; 32.486; 32.55, subdivisions 1, 2, 3, 4, 5, 12, 13, 14; 32.555;
         1.2632.56; 32.61; 32.62; 32.63; 32.64; 32.645; 32.70; 32.71; 32.72; 32.74; 32.745; 1.2732.75; 32.90; 41D.01, subdivision 4.1.28BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:1.29ARTICLE 11.30AGRICULTURAL POLICY1.31    Section 1. Minnesota Statutes 2016, section 15.985, is amended to read:1.3215.985 ADVISORY INSPECTIONS.2.1(a) Upon the voluntary request of a person to a state agency for an advisory inspection
         2.2for the purpose of complying with state law, the agency must, except as provided in
         2.3paragraphs (f) and (g), conduct an advisory inspection. An agency is not required
         to conduct 2.4an advisory inspection if the agency has a regularly scheduled inspection that would
         occur 2.5within 90 days after the request for the advisory inspection, or if before an advisory
         inspection 2.6is requested, the agency has notified the person that it will be conducting an inspection
         2.7within 45 days. If an advisory inspection results in findings that potentially could
         make a 2.8person subject to a fine or other penalty imposed by the agency, the agency must notify
         the 2.9person in writing of those findings within ten days of the inspection.2.10(1) Except as provided in clause (2), if within 60 days of receiving notice, the person
         2.11notifies the agency that it has corrected the situation that made the person potentially
         subject 2.12to the fine or penalty, and the agency later determines that the situation is corrected,
         the 2.13agency may not impose a fine or penalty as a result of the findings in the advisory
         inspection.2.14    (2) For violations of chapter 177, if the person notifies the agency within the time
         period 2.15for remedying violations required under the applicable section of chapter 177 that
         it has 2.16corrected the situation that made the person potentially subject to the fine or penalty,
         and 2.17the agency later determines that the situation is corrected, the agency may not impose
         a fine 2.18or penalty as a result of the finding in the advisory inspection.2.19    (3) A person may not request more than one advisory inspection from the same agency
         2.20in a calendar year. A person may not request an advisory inspection after an inspection
         2.21resulting in a fine or other penalty has been determined and the violator notified
         of the 2.22amount to be paid, until fines or penalties have been paid or settled.2.23(b) For purposes of this section:2.24(1) "inspection" includes an examination of real or personal property or an audit
         or other 2.25examination of financial or other documents;2.26(2) "penalty" includes a civil or administrative fine or other financial sanction;2.27(3) "person" includes a real person and businesses, including corporations, partnerships,
         2.28limited liability companies, and unincorporated associations; and2.29(4) "state agency" means a department, agency, board, commission, constitutional office,
         2.30or other group in the executive branch of state government.2.31(c) If an agency revises, amends, extends, or adds additional violations to a notice,
         the 2.32person has 60 days from the date of those changes to correct the situation without
         fine or 3.1penalty. For violations of chapter 177, the person has the time period for remedying
         violations 3.2under the applicable section of chapter 177 to correct the situation without fine
         or penalty.3.3    (d) An agency conducting an inspection under this section may impose and collect from
         3.4the person requesting the inspection a fee equal to the costs incurred by the agency
         related 3.5to the inspection. Fees under this section shall be considered charges for goods and
         services 3.6provided for the direct and primary use of a private individual, business, or other
         entity 3.7under section 
         16A.1283, paragraph (b), clause (3). Fee revenue collected under this section 3.8must be deposited in an appropriate fund other than the general fund and is appropriated
         3.9from that fund to the agency collecting the fee for the purpose of conducting inspections
         3.10under this section.3.11    (e) Nothing in this section shall prohibit or interfere with an agency offering similar
         3.12programs that allow independent audits or inspections, including the environmental
         3.13improvement program under chapter 114C. If a person conducts a self-audit under chapter
         3.14114C, the terms and conditions of this section do not apply. For advisory inspections
         3.15conducted by the Pollution Control Agency, terms and conditions of sections 
         114C.20 to 3.16114C.28 
         shall be used instead of those in paragraphs (a) to (c) and (g).3.17(f) If agency staff resources are limited, an agency must give higher priority to
         the 3.18agency's regular inspections over advisory inspections under this section. Insofar
         as 3.19conducting advisory inspections reduces an agency's costs, the savings must be reflected
         3.20in the charges for advisory inspections. Before hiring additional staff complement
         for 3.21purposes of this section, an agency must report to the chairs and ranking minority
         members 3.22of the legislative budget committees with jurisdiction over the agency documenting:
         (1) the 3.23demand for advisory inspections and why additional staff complement is needed to meet
         3.24the demand; and (2) that the revenue generated by advisory inspections will cover
         the 3.25expenses of the additional staff complement. If a person requests an advisory inspection,
         3.26but the agency does not have staff resources necessary to conduct the advisory inspection
         3.27before a regular inspection is conducted, and the regular inspection results in findings
         that 3.28could make a person subject to a fine or penalty, the agency must take into account
         the 3.29person's request for an advisory inspection and the person's desire to take corrective
         action 3.30before taking any enforcement action against the person.3.31(g) This section does not apply to:3.32(1) criminal penalties;3.33(2) situations in which implementation of this section is prohibited by federal law
         or 3.34would result in loss of federal funding or in other federal sanctions or in which
         4.1implementation would interfere with multistate agreements, international agreements,
         or 4.2agreements between state and federal regulatory agencies;4.3(3) conduct constituting fraud;4.4(4) violations in a manner that endangers human life or presents significant risk
         of major 4.5injury or severe emotional harm to humans;4.6(5) violations that are part of a pattern that has occurred repeatedly and shows willful
         4.7intent;4.8(6) violations for which it may be demonstrated that the alternative inspections process
         4.9is being used to avoid enforcement;4.10(7) violations that occur within three years of violating an applicable law;4.11(8) the Department of Revenue;4.12(9) the Workers' Compensation Division at the Department of Labor and Industry;4.13(10) violations of vehicle size weight limits under sections 
         169.80 to 
         169.88;4.14(11) commercial motor vehicle inspections under section 
         169.781 and motor carrier 4.15regulations under chapter 221;4.16(12) the Dairy and Food Inspection Division of the Department of Agriculture, if the
         4.17division provides free inspections similar to those under this section;4.18(13) (12) state inspections or surveys of hospitals, nursing homes, outpatient surgical 4.19centers, supervised living facilities, board and lodging with special services, home
         care, 4.20housing with services and assisted living settings, hospice, and supplemental nursing
         services 4.21agencies;4.22(14) (13) examinations of health maintenance organizations or county-based purchasing 4.23entities regulated under chapter 62D;4.24(15) (14) special transportation services under section 
         174.30; and4.25(16) (15) entities regulated by the Department of Commerce's Financial Institutions and 4.26Insurance Divisions for purposes of regulatory requirements of those divisions.4.27If an agency determines that this section does not apply due to situations specified
         in clause 4.28(2), the agency must report the basis for that determination to the chairs and ranking
         minority 4.29members of the legislative committees with jurisdiction over the agency.4.30(h) An agency may terminate an advisory inspection and proceed as if an inspection
         4.31were a regular inspection if, in the process of conducting an advisory inspection,
         the agency 5.1finds a situation that the agency determines: could lead to criminal penalties; endangers
         5.2human life or presents significant risk of major injury or severe emotional harm to
         humans; 5.3presents a severe and imminent threat to animals, food, feed, crops, commodities,
         or the 5.4environment; or evidences a pattern of willful violations.5.5    Sec. 2. Minnesota Statutes 2016, section 17.119, subdivision 1, is amended to read:5.6    Subdivision 1. Grants; eligibility. (a) The commissioner must award cost-share grants 5.7to Minnesota farmers who retrofit eligible tractors and Minnesota schools that retrofit
         eligible 5.8tractors with eligible rollover protective structures.5.9(b) Grants for farmers are limited to 70 percent of the farmer's or school's documented 5.10cost to purchase, ship, and install an eligible rollover protective structure. The
         commissioner 5.11must increase the a farmer's grant award amount over the 70 percent grant limitation 5.12requirement if necessary to limit a farmer's or school's cost per tractor to no more than $500.5.13(c) Schools are eligible for grants that cover the full amount of a school's documented
         5.14cost to purchase, ship, and install an eligible rollover protective structure.5.15(b) (d) A rollover protective structure is eligible if it meets or exceeds SAE International 5.16standard J2194 is certified to appropriate national or international rollover protection structure
         5.17standards with a seat belt.5.18(c) (e) A tractor is eligible if the tractor was built before 1987.5.19EFFECTIVE DATE.This section is effective retroactively from July 1, 2016.5.20    Sec. 3. Minnesota Statutes 2016, section 17.53, subdivision 2, is amended to read:5.21    Subd. 2. Agricultural commodity. (a) Except as provided in paragraph (b), "agricultural 5.22commodity" means any agricultural product, including, without limitation, animals
         and 5.23animal products, grown, raised, produced, or fed within Minnesota for use as food,
         feed, 5.24seed, or any industrial or chemurgic purpose.5.25(b) For wheat, barley, corn, and cultivated wild rice, "agricultural commodity" means 5.26wheat, barley, and cultivated wild rice including, without limitation, wheat, barley,
         and 5.27cultivated wild rice grown or produced within or outside Minnesota, for use as food,
         feed, 5.28seed, or any industrial or chemurgic purpose.5.29    Sec. 4. Minnesota Statutes 2016, section 17.53, subdivision 8, is amended to read:5.30    Subd. 8. First purchaser. (a) Except as provided in paragraph (b), "first purchaser" 5.31means any person that buys agricultural commodities for movement into commercial channels
         6.1from the producer; or any lienholder, secured party or pledgee, public or private,
         or assignee 6.2of said lienholder, secured party or pledgee, who gains title to the agricultural
         commodity 6.3from the producer as the result of exercising any legal rights by the lienholder,
         secured 6.4party, pledgee, or assignee thereof, regardless of when the lien, security interest
         or pledge 6.5was created and regardless of whether the first purchaser is domiciled within the
         state or 6.6without. "First purchaser" does not mean the Commodity Credit Corporation when a 6.7commodity is used as collateral for a federal nonrecourse loan unless the commissioner
         6.8determines otherwise.6.9(b) For wheat, barley, corn, and cultivated wild rice, "first purchaser" means a person 6.10who buys, receives delivery of, or provides storage for the agricultural commodity
         from a 6.11producer for movement into commercial channels; or a lienholder, secured party, or
         pledgee, 6.12who gains title to the agricultural commodity from the producers as the result of
         exercising 6.13any legal rights by the lienholder, secured party, pledgee, or assignee, regardless
         of when 6.14the lien, security interest, or pledge was created and regardless of whether or not
         the first 6.15purchaser is domiciled in the state. "First purchaser" does not mean the Commodity
         Credit 6.16Corporation when the wheat, barley, or cultivated wild rice is used as collateral
         for a federal 6.17nonrecourse loan unless the commissioner determines otherwise.6.18    Sec. 5. Minnesota Statutes 2016, section 17.53, subdivision 13, is amended to read:6.19    Subd. 13. Producer. (a) Except as provided in paragraph (b), "producer" means any 6.20person who owns or operates an agricultural producing or growing facility for an agricultural
         6.21commodity and shares in the profits and risk of loss from such operation, and who
         grows, 6.22raises, feeds or produces the agricultural commodity in Minnesota during the current
         or 6.23preceding marketing year.6.24(b) For wheat, barley, corn, and cultivated wild rice, "producer" means in addition to 6.25the meaning in paragraph (a) and for the purpose of the payment or the refund of the
         checkoff 6.26fee paid pursuant to sections 
         17.51 to 
         17.69 only, a person who delivers into, stores within, 6.27or makes the first sale of the agricultural commodity in Minnesota.6.28    Sec. 6. Minnesota Statutes 2016, section 17.983, subdivision 1, is amended to read:6.29    Subdivision 1. Administrative penalties; citation. If a person has violated a provision 6.30of chapter 25, 31B, or 32 32D, the commissioner may issue a written citation to the person 6.31by personal service or by certified mail. The citation must describe the nature of
         the violation 6.32and the statute or rule alleged to have been violated; state the time for correction,
         if 6.33applicable; and the amount of any proposed fine. The citation must advise the person
         to 7.1notify the commissioner in writing within 30 days if the person wishes to appeal the
         citation. 7.2If the person fails to appeal the citation, the citation is the final order and not
         subject to 7.3further review.7.4    Sec. 7. Minnesota Statutes 2016, section 17.984, subdivision 1, is amended to read:7.5    Subdivision 1. Authority. To carry out the commissioner's enforcement duties under 7.6chapter 32 32D, the commissioner may, upon presenting appropriate credentials, during 7.7regular working hours and at other reasonable times, inspect premises subject to the
         7.8commissioner's enforcement and licensing authority for reasons related to the commissioner's
         7.9enforcement and licensing authority; request information from persons with information
         7.10relevant to an inspection; and inspect relevant papers and records, including business
         records. 7.11The commissioner may issue notices in lieu of citations for minor violations if a
         notice is 7.12in the public interest.7.13    Sec. 8. Minnesota Statutes 2016, section 18B.01, is amended by adding a subdivision to 7.14read:7.15    Subd. 9b.Experimental use permit."Experimental use permit" means a permit issued 7.16by the United States Environmental Protection Agency as authorized in Section 5 of
         the 7.17Federal Insecticide, Fungicide, and Rodenticide Act.7.18    Sec. 9. Minnesota Statutes 2016, section 18B.01, is amended by adding a subdivision to 7.19read:7.20    Subd. 9c.Experimental use pesticide product."Experimental use pesticide product" 7.21means any federally registered or unregistered pesticide whose use is authorized by
         an 7.22experimental use permit issued by the United States Environmental Protection Agency.7.23    Sec. 10. Minnesota Statutes 2016, section 18B.26, subdivision 1, is amended to read:7.24    Subdivision 1. Requirement. (a) Except as provided in paragraphs (b) to (d) (e), a person 7.25may not use or distribute a pesticide in this state unless it is registered with the
         commissioner. 7.26Pesticide registrations expire on December 31 of each year and may be renewed on or
         before 7.27that date for the following calendar year.7.28(b) Registration is not required if a pesticide is shipped from one plant or warehouse
         to 7.29another plant or warehouse operated by the same person and used solely at the plant
         or 7.30warehouse as an ingredient in the formulation of a pesticide that is registered under
         this 7.31chapter.8.1(c) An unregistered pesticide that was previously registered with the commissioner
         may 8.2be used for a period of two years following the cancellation of the registration of
         the pesticide, 8.3unless the commissioner determines that the continued use of the pesticide would cause
         8.4unreasonable adverse effects on the environment, or with the written permission of
         the 8.5commissioner. To use the unregistered pesticide at any time after the two-year period,
         the 8.6pesticide end user must demonstrate to the satisfaction of the commissioner, if requested,
         8.7that the pesticide has been continuously registered under a different brand name or
         by a 8.8different manufacturer and has similar composition, or, the pesticide end user obtains
         the 8.9written permission of the commissioner.8.10(d) The commissioner may allow specific pesticide products that are not registered
         with 8.11the commissioner to be distributed in this state for use in another state.8.12(e) A substance or mixture of substances being tested only to determine its potential
         8.13efficacy as a pesticide, or to determine its toxicity or other properties, and not
         requiring the 8.14issuance of an experimental use permit under United States Environmental Protection
         8.15Agency criteria specified in federal regulations, is not required to be registered.8.16(e) (f) Each pesticide with a unique United States Environmental Protection Agency 8.17pesticide registration number or a unique brand name must be registered with the 8.18commissioner.8.19(f) (g) It is unlawful for a person to distribute or use a pesticide in the state, or to
         sell 8.20into the state for use in the state, any pesticide product that has not been registered
         by the 8.21commissioner and for which the applicable pesticide registration application fee,
         gross sales 8.22fee, or waste pesticide program surcharge is not paid pursuant to subdivisions 3 and
         4.8.23(g) (h) Every person who sells for use in the state a pesticide product that has been 8.24registered by the commissioner shall pay to the commissioner the applicable registration
         8.25application fees, sales fees, and waste pesticide program surcharges. These sales
         expressly 8.26include all sales made electronically, telephonically, or by any other means that
         result in a 8.27pesticide product being shipped to or used in the state. There is a rebuttable presumption
         8.28that pesticide products that are sold or distributed in or into the state by any person
         are sold 8.29or distributed for use in the state.8.30    Sec. 11. Minnesota Statutes 2016, section 18B.28, subdivision 1, is amended to read:8.31    Subdivision 1. Requirement. A person may not use or distribute an experimental use 8.32pesticide product in the state until it is registered with the commissioner. Experimental
         use 8.33pesticide product registrations expire on December 31 of each year and may be renewed
         9.1on or before that date. A substance or mixture of substances being tested only to determine 9.2its potential efficacy as a pesticide, or to determine its toxicity or other properties,
         and not 9.3requiring the issuance of an experimental use permit under United States Environmental
         9.4Protection Agency criteria specified in federal regulations, is not required to be
         registered.9.5    Sec. 12. Minnesota Statutes 2016, section 18B.28, subdivision 3, is amended to read:9.6    Subd. 3. Application. A person must file an application for experimental use pesticide 9.7product registration with the commissioner. An application to register an experimental
         use 9.8pesticide product must include:9.9(1) the name and address of the applicant;9.10(2) a federalcopy of the United States Environmental Protection Agency approval 9.11document permit;9.12(3) a description of the purpose or objectives of the experimental use product;9.13(4) ana copy of the experimental use pesticide labeling accepted experimental use 9.14pesticide product label by the United States Environmental Protection Agency;9.15(5) the name, address, and telephone number of cooperators or participants in this
         state;9.16(6) the amount of material to be shipped or used in this state; and9.17(7) other information requested by the commissioner.9.18    Sec. 13. Minnesota Statutes 2016, section 18B.305, subdivision 1, is amended to read:9.19    Subdivision 1. Education and training. (a) The commissioner, as the lead agency, shall 9.20develop, implement or approve, and evaluate, in consultation with University of Minnesota
         9.21Extension, the Minnesota State Colleges and Universities system, and other educational
         9.22institutions, innovative educational and training programs addressing pesticide and pest 9.23management concerns including:9.24(1) water quality protection;9.25(2) endangered species protection;9.26(3) minimizing pesticide residues in food and water;9.27(4) worker protection and applicator safety;9.28(5) chronic toxicity;9.29(6) integrated pest management and pest resistance;10.1(7) pesticide disposal;10.2(8) pesticide drift;10.3(9) relevant laws including pesticide labels and labeling and state and federal rules
         and 10.4regulations; and10.5(10) current science and technology updates.10.6(b) The commissioner shall appoint educational planning committees which must include
         10.7representatives of industry and applicators.10.8(c) Specific current regulatory concerns must be discussed and, if appropriate, 10.9incorporated into each training session. Relevant changes to pesticide product labels
         or 10.10labeling or state and federal rules and regulations may be included.10.11(d) The commissioner may approve programs from private industry, higher education
         10.12institutions, and nonprofit organizations that meet minimum requirements for education,
         10.13training, and certification.10.14    Sec. 14. Minnesota Statutes 2016, section 18B.33, subdivision 1, is amended to read:10.15    Subdivision 1. Requirement. (a) A person may not apply a pesticide for hire without a 10.16commercial applicator license for the appropriate use categories or a structural pest
         control 10.17license.10.18    (b) A commercial applicator licensee must have a valid license identification card
         to 10.19purchase a restricted use pesticide or apply pesticides for hire and must display
         it upon 10.20demand by an authorized representative of the commissioner or a law enforcement officer.
         10.21The commissioner shall prescribe the information required on the license identification
         10.22card.10.23(c) A person licensed under this section applying a pesticide consistent with the
         label 10.24and labeling is not required to verify, document, or otherwise prove a particular
         need prior 10.25to or following the application of a pesticide registered under FIFRA, except as required
         10.26by the label.10.27    Sec. 15. Minnesota Statutes 2016, section 18B.34, subdivision 1, is amended to read:10.28    Subdivision 1. Requirement. (a) Except for a licensed commercial applicator, certified 10.29private applicator, or licensed structural pest control applicator, a person, including
         a 10.30government employee, may not purchase or use a restricted use pesticide in performance
         11.1of official duties without having a noncommercial applicator license for an appropriate
         use 11.2category.11.3    (b) A licensee must have a valid license identification card when applying pesticides
         11.4and must display it upon demand by an authorized representative of the commissioner
         or a 11.5law enforcement officer. The license identification card must contain information
         required 11.6by the commissioner.11.7(c) A person licensed under this section applying a pesticide consistent with the
         label 11.8and labeling is not required to verify, document, or otherwise prove a particular
         need prior 11.9to or following the application of a pesticide registered under FIFRA, except as required
         11.10by the label.11.11    Sec. 16. Minnesota Statutes 2016, section 18B.36, subdivision 1, is amended to read:11.12    Subdivision 1. Requirement. (a) Except for a licensed commercial or noncommercial 11.13applicator, only a certified private applicator may use a restricted use pesticide
         to produce 11.14an agricultural commodity:11.15(1) as a traditional exchange of services without financial compensation;11.16(2) on a site owned, rented, or managed by the person or the person's employees; or11.17(3) when the private applicator is one of two or fewer employees and the owner or
         11.18operator is a certified private applicator or is licensed as a noncommercial applicator.11.19(b) A person may not purchase a restricted use pesticide without presenting a license
         11.20card, certified private applicator card, or the card number.11.21(c) A person certified under this section applying a pesticide consistent with the
         label 11.22and labeling is not required to verify, document, or otherwise prove a particular
         need prior 11.23to or following the application of a pesticide registered under FIFRA, except as required
         11.24by the label.11.25    Sec. 17. Minnesota Statutes 2016, section 18B.37, subdivision 3, is amended to read:11.26    Subd. 3. Structural pest control applicators. (a) A structural pest control applicator 11.27must maintain a record of each structural pest control application conducted by that
         person 11.28or by the person's employees. The record must include the:11.29(1) date of structural pest control application;11.30(2) target pest;12.1(3) brand name of the pesticide, United States Environmental Protection Agency 12.2registration number, and amount used;12.3(4) for fumigation, the temperature and exposure time;12.4(5) time the pesticide application was completed;12.5(6) name and address of the customer;12.6(7) name of structural pest control applicator, name of company and address of applicator
         12.7or company, and license number of applicator; and12.8(8) any other information required by the commissioner.12.9(b) All information for this record requirement must be contained in a document for
         12.10each pesticide application. An invoice containing the required information may constitute
         12.11the record.12.12(c) The record must be completed no later than five days after the application of
         the 12.13pesticide.12.14(d) Records must be retained for five years after the date of treatment.12.15(e) A copy of the record must be given to a person who ordered the application that
         is 12.16present at the site where the structural pest control application is conducted, placed
         in a 12.17conspicuous location at the site where the structural pest control application is
         conducted 12.18immediately after the application of the pesticides, or delivered to the person who
         ordered 12.19an application or the owner of the site. The commissioner must make sample forms available
         12.20that meet the requirements of this subdivision.12.21(f) A structural applicator must post in a conspicuous place inside a renter's apartment
         12.22where a pesticide application has occurred a list of postapplication precautions contained
         12.23on the label of the pesticide that was applied in the apartment and any other information
         12.24required by the commissioner.12.25    Sec. 18. Minnesota Statutes 2016, section 18C.70, subdivision 5, is amended to read:12.26    Subd. 5. Expiration. This section expires January 8, 2017 June 30, 2020.12.27EFFECTIVE DATE.This section is effective retroactively from January 7, 2017.12.28    Sec. 19. Minnesota Statutes 2016, section 18C.71, subdivision 4, is amended to read:12.29    Subd. 4. Expiration. This section expires January 8, 2017 June 30, 2020.12.30EFFECTIVE DATE.This section is effective retroactively from January 7, 2017.13.1    Sec. 20. Minnesota Statutes 2016, section 18H.06, subdivision 2, is amended to read:13.2    Subd. 2. Occasional sales. (a) An individual may offer nursery stock for sale and be 13.3exempt from the requirement to obtain a nursery stock certificate if:13.4(1) the gross sales of all nursery stock in a calendar year do not exceed $2,000;13.5(2) all nursery stock sold or distributed by the individual is intended for planting
         in 13.6Minnesota;13.7(3) all nursery stock purchased or procured for resale or distribution was grown in
         13.8Minnesota and has been certified by the commissioner; and13.9(4) the individual conducts sales or distributions of nursery stock on ten or fewer
         days 13.10in a calendar year.13.11(b) A municipality may offer certified nursery stock for sale and be exempt from the
         13.12requirement to obtain a nursery stock certificate if:13.13(1) all nursery stock offered for sale or distributed is intended for planting by
         residents 13.14of the municipality on public property or public easements within the municipal boundary;13.15(2) all nursery stock purchased or procured for resale or distribution is grown in
         13.16Minnesota and has been certified by the commissioner; and13.17(3) the municipality submits to the commissioner before any sale or distribution of
         13.18nursery stock a list of all suppliers who provide the municipality with nursery stock.13.19(b) (c) The commissioner may prescribe the conditions of the exempt nursery sales under 13.20this subdivision and may conduct routine inspections of the nursery stock offered
         for sale.13.21    Sec. 21. Minnesota Statutes 2016, section 18H.07, subdivision 2, is amended to read:13.22    Subd. 2. Nursery stock grower certificate. (a) A nursery stock grower must pay an 13.23annual fee based on the area of all acreage on which nursery stock is grown as follows:13.24(1) less than one-half acre, $150;13.25(2) from one-half acre to two acres, $200;13.26(3) over two acres up to five acres, $300;13.27(4) over five acres up to ten acres, $350;13.28(5) over ten acres up to 20 acres, $500;13.29(6) over 20 acres up to 40 acres, $650;14.1(7) over 40 acres up to 50 acres, $800;14.2(8) over 50 acres up to 200 acres, $1,100;14.3(9) over 200 acres up to 500 acres, $1,500; and14.4(10) over 500 acres, $1,500 plus $2 for each additional acre.14.5(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee
         due must 14.6be charged for each month, or portion thereof, that the fee is delinquent up to a
         maximum 14.7of 30 percent for any application for renewal not postmarked or electronically date stamped14.8by December 31 of the current year.14.9(c) A nursery stock grower found operating without a valid nursery stock grower 14.10certificate cannot offer for sale or sell nursery stock until: (1) payment is received
         by the 14.11commissioner for (i) the certificate fee due, and (ii) a penalty equal to the certificate
         fee 14.12owed; and (2) a new certificate is issued to the nursery stock grower by the commissioner.14.13    Sec. 22. Minnesota Statutes 2016, section 18H.07, subdivision 3, is amended to read:14.14    Subd. 3. Nursery stock dealer certificate. (a) A nursery stock dealer must pay an annual 14.15fee based on the dealer's gross sales of certified nursery stock per location during
         the most 14.16recent certificate year. A certificate applicant operating for the first time must
         pay the 14.17minimum fee. The fees per sales location are:14.18(1) gross sales up to $5,000, $150;14.19(2) gross sales over $5,000 up to $20,000, $175;14.20(3) gross sales over $20,000 up to $50,000, $300;14.21(4) gross sales over $50,000 up to $75,000, $425;14.22(5) gross sales over $75,000 up to $100,000, $550;14.23(6) gross sales over $100,000 up to $200,000, $675; and14.24(7) gross sales over $200,000, $800.14.25(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee
         due must 14.26be charged for each month, or portion thereof, that the fee is delinquent up to a
         maximum 14.27of 30 percent for any application for renewal not postmarked or electronically date stamped 14.28by December 31 of the current year.14.29(c) A nursery stock dealer found operating without a valid nursery stock dealer certificate
         14.30cannot offer for sale or sell nursery stock until: (1) payment is received by the
         commissioner 15.1for (i) the certificate fee due, and (ii) a penalty equal to the certificate fee owed;
         and (2) a 15.2new certificate is issued to the nursery stock dealer by the commissioner.15.3    Sec. 23. Minnesota Statutes 2016, section 21.111, subdivision 2, is amended to read:15.4    Subd. 2. Inspected. "Inspected" means that the potato plants are examined in the field 15.5and that the harvested potatoes produced by such the potato plants are examined by or under 15.6the authority of the commissioner. For seed potatoes produced in a lab, inspected means 15.7that the lab's records, including records related to the lab's procedures and protocols,
         as well 15.8as the seed potatoes, have been examined under the authority of the commissioner.15.9    Sec. 24. Minnesota Statutes 2016, section 21.111, subdivision 3, is amended to read:15.10    Subd. 3. Certified. "Certified" means that the potatoes were inspected while growing 15.11in the field and again after being harvested, and were thereafter duly certified by
         or under 15.12the authority of the commissioner, as provided in sections 
         21.111 to 
         21.122, and as provided 15.13by rules adopted and published by the commissioner. For seed potatoes produced in a lab, 15.14certified means that:15.15(1) the seed potato lab facilities and the lab's procedures and protocols have been
         15.16examined under the authority of the commissioner; and15.17(2) the seed potatoes have been inspected after they have been harvested, removed,
         or 15.18released from the lab, and were duly certified by or under the authority of the commissioner,
         15.19as provided in sections 21.111 to 21.122.15.20    Sec. 25. Minnesota Statutes 2016, section 21.113, is amended to read:15.2121.113 CERTIFICATES OF INSPECTION.15.22(a) The commissioner shall cause issue certificates of inspection to be issued only when 15.23seed potatoes have been inspected while growing in the field and again after being
         harvested.15.24(b) For seed potatoes produced in a lab, the commissioner shall issue certificates
         of 15.25inspection only after:15.26(1) the seed potato lab facility and the lab's records have been inspected; and15.27(2) the seed potatoes have been inspected after they have been harvested, removed,
         or 15.28released from the lab.15.29Such (c) Certificates of inspection under this section shall show the varietal purity and 15.30the freedom from disease and physical injury of such potatoes and shall contain such any16.1other information as may be prescribed by rules adopted and published under sections
         
         21.11116.2to 
         21.122.16.3    Sec. 26. Minnesota Statutes 2016, section 21.117, is amended to read:16.421.117 APPLICATIONS FOR INSPECTIONS; WITHDRAWALS.16.5(a) Any person may make application to the commissioner for inspection or certification
         16.6of seed potatoes growing or to be grown. Upon receiving such application and the required
         16.7fee and such other information as may be required, the commissioner shall cause such
         16.8potatoes to be inspected or certified in accordance with the provisions of sections
         
         21.11116.9to 
         21.122 and the rules adopted and published thereunder.16.10(b) If a grower wishes to withdraw a field or lab after having made application for 16.11inspection and such withdrawal is requested before the field or lab inspection has been 16.12made, the fee paid shall be refunded to said grower.16.13    Sec. 27. Minnesota Statutes 2016, section 25.32, is amended to read:16.1425.32 COMMISSIONER'S DUTIES.16.15The commissioner shall administer sections 
         25.31 to 
         25.43shall be administered by the 16.16commissioner.16.17    Sec. 28. Minnesota Statutes 2016, section 25.33, subdivision 5, is amended to read:16.18    Subd. 5. Commercial feed. "Commercial feed" means materials or combinations of 16.19materials that are distributed or intended to be distributed for use as feed or for
         mixing in 16.20feed, including feed for aquatic animals, unless the materials are specifically exempted.
         16.21Unmixed whole seeds and physically altered entire unmixed seeds, as identified in the 16.22United States grain standards, if the whole or physically altered seeds are not chemically 16.23changed, are not labeled as a feed or for use as feed, or are not adulterated within the meaning 16.24of section 
         25.37, paragraph (a), are exempt. The commissioner by rule may exempt from 16.25this definition, or from specific provisions of sections 
         25.31 to 
         25.43, commodities such as 16.26hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds
         or 16.27substances if those commodities, compounds, or substances are not intermixed with
         other 16.28materials, are not labeled as a feed or for use as feed, and are not adulterated within the 16.29meaning of section 
         25.37, paragraph (a).17.1    Sec. 29. Minnesota Statutes 2016, section 25.33, subdivision 10, is amended to read:17.2    Subd. 10. Manufacture. "Manufacture" means to grind, mix or, blend, or further process, 17.3package, or label a commercial feed for distribution.17.4    Sec. 30. Minnesota Statutes 2016, section 25.33, subdivision 21, is amended to read:17.5    Subd. 21. Commissioner. "Commissioner" means the commissioner of agriculture or 17.6a designated representative the commissioner's agent.17.7    Sec. 31. Minnesota Statutes 2016, section 25.341, subdivision 1, is amended to read:17.8    Subdivision 1. Requirement. Before a person may: (1) manufacture a commercial feed 17.9in the state; (2) distribute a commercial feed in or into the state; or (3) have the
         person's 17.10name appear on the label of a commercial feed as guarantor, the person must have a
         17.11commercial feed license for each guarantor, or manufacturing or distributing facility. A 17.12person who makes only retail sales of commercial feed, guaranteed by another, is not
         required 17.13to obtain a license.17.14    Sec. 32. Minnesota Statutes 2016, section 25.341, subdivision 2, is amended to read:17.15    Subd. 2. Application; fee; term. A person who is required to have a commercial feed 17.16license shall must submit an application on a form provided or approved by the commissioner 17.17accompanied by a an application fee of $75 paid to the commissioner for each location. A 17.18license is not transferable from one person to another, from one ownership to another,
         or 17.19from one location to another. The license year is the calendar year. A license expires
         on 17.20December 31 of the year for which it is issued, except that a license is valid through January 17.2131 of the next year or until the issuance of the renewal license, whichever comes first, if 17.22the licensee has filed a renewal application with the commissionerthat has been received 17.23by the commissioner on or before December 31 of the year for which the current license
         17.24was issued, or postmarked on or before December 31 of the year for which the current 17.25license was issued. Any person who is required to have, but fails to obtain a license
         or a 17.26licensee who fails to comply with license renewal requirements, shall must pay a $100 late 17.27fee in addition to the license fee.17.28    Sec. 33. Minnesota Statutes 2016, section 25.35, is amended to read:17.2925.35 LABELING.17.30(a) A commercial feed, except a customer formula feed, must be accompanied by a label
         17.31bearing the following information:18.1(1) the product name and the brand name, if any, under which the commercial feed is
         18.2distributed;18.3(2) the guaranteed analysis, stated in terms the commissioner requires by rule, to
         advise 18.4the user of the composition of the feed or to support claims made in the labeling.
         The 18.5substances or elements must be determinable by laboratory methods such as the methods
         18.6published by the AOAC International or other generally recognized methods;18.7(3) the common or usual name of each ingredient used in the manufacture of the 18.8commercial feed. The commissioner may by rule permit the use of a collective term
         for a 18.9group of ingredients which perform a similar function, or may exempt commercial feeds
         18.10or any group of commercial feeds from this requirement on finding that an ingredient
         18.11statement is not required in the interest of consumers;18.12(4) the name and principal mailing address of the manufacturer or the person responsible
         18.13for distributing the commercial feed;18.14(5) adequate directions for use for all commercial feeds containing drugs and for
         such 18.15other feeds as the commissioner may require by rule as necessary for their safe and
         effective 18.16use;18.17(6) precautionary statements which the commissioner determines by rule are necessary
         18.18for the safe and effective use of the commercial feed; and18.19(7) a quantity statement.18.20(b) A customer formula feed must be accompanied by a label, invoice, delivery slip,
         or 18.21other shipping document bearing the following information:18.22(1) name and address of the manufacturer;18.23(2) name and address of the purchaser;18.24(3) date of delivery;18.25(4) the product name and either (i) the quantity of each commercial feed and each
         other 18.26ingredient used in the mixture, or (ii) a guaranteed analysis and list of ingredients
         in paragraph 18.27(a), clauses (2) and (3);18.28(5) adequate directions for use for all customer formula feeds containing drugs and
         for 18.29other feeds the commissioner requires by rule as necessary for their safe and effective
         use;18.30(6) precautionary statements the commissioner determines by rule are necessary for
         the 18.31safe and effective use of the customer formula feed;19.1(7) if a product containing a drug is used:19.2(i) the purpose of the medication (claim statement); and19.3(ii) the established name of each active drug ingredient and the level of each drug
         used 19.4in the final mixture expressed in a manner required by the commissioner by rule; and19.5(8) for a customer formula feed for which the formula is developed by someone other
         19.6than the manufacturer, a disclaimer may be included on the label stating "THIS FEED
         IS 19.7A CUSTOMER FORMULA FEED DEVELOPED BY SOMEONE OTHER THAN THE 19.8MANUFACTURER. THE MANUFACTURER DOES NOT CLAIM, REPRESENT, 19.9WARRANT, OR GUARANTEE, AND IS NOT RESPONSIBLE FOR THE NUTRITIONAL 19.10ADEQUACY OF THIS FEED OR THE NUTRITIONAL SUITABILITY OF THIS FEED 19.11FOR ITS INTENDED PURPOSE."; and19.12(9) a quantity statement.19.13(c) The manufacturer of a customer formula feed the formula of which is developed
         by 19.14someone other than the manufacturer is not responsible or liable for the nutritional
         adequacy 19.15or the nutritional suitability of the feed for its intended purpose if: (1) the manufacturer
         does 19.16not make a claim of nutritional adequacy for the customer formula feed and does not
         make 19.17a claim for nutritional suitability of the feed for its intended purpose; and (2)
         the manufacturer 19.18includes the disclaimer in paragraph (b), clause (8). A person other than the manufacturer
         19.19who develops or recommends a formula for a customer formula feed is responsible for
         19.20providing to the manufacturer of the feed the appropriate labeling information and
         for 19.21providing the appropriate use information to the feed manufacturer.19.22    Sec. 34. Minnesota Statutes 2016, section 25.371, subdivision 2, is amended to read:19.23    Subd. 2. Certificate application. (a) A person may apply to the commissioner for a 19.24good manufacturing practices certificate for commercial feed and feed ingredients.
         19.25Application for good manufacturing practices certificates must be made on forms provided
         19.26or approved by the commissioner. The commissioner shall conduct inspections of facilities
         19.27for persons that have applied for or intend to apply for a good manufacturing practices
         19.28certificate for commercial feed and feed ingredients from the commissioner. The 19.29commissioner shall not conduct an inspection under this section subdivision if the applicant 19.30has not paid in full the inspection fee for previous inspections. Certificate issuance
         shall be 19.31based on compliance with subdivisions 3 to 14, or United States Food and Drug 19.32Administration rules regarding preventive controls for animal feed.20.1(b) The commissioner may assess a fee for the inspection, service, and work performed
         20.2in carrying out the issuance of a good manufacturing practices certificate for commercial
         20.3feed and feed ingredients. The inspection fee must be based on mileage and the cost
         of 20.4inspection.20.5    Sec. 35. Minnesota Statutes 2016, section 25.38, is amended to read:20.625.38 PROHIBITED ACTS.20.7The following acts and causing the following acts in Minnesota are prohibited:20.8(1) manufacture or distribution of any commercial feed that is adulterated or misbranded;20.9(2) adulteration or misbranding of any commercial feed;20.10(3) distribution of agricultural commodities such as whole seed, hay, straw, stover,
         silage, 20.11cobs, husks, and hulls, which are adulterated within the meaning of section 
         25.37, paragraph 20.12(a);20.13(4) removal or disposal of a commercial feed in violation of an order under section
         
         25.42;20.14(5) failure or refusal to obtain a commercial feed license under section 
         25.341or to 20.15provide a small package listing under section 25.39; or20.16(6) failure to pay inspection fees, to register a small package under section 25.39, or to 20.17file reports as required by section 
         25.39.20.18    Sec. 36. Minnesota Statutes 2016, section 25.39, subdivision 1, is amended to read:20.19    Subdivision 1. Amount of fee. (a) An inspection fee at the rate of 16 cents per ton must 20.20be paid to the commissioner on commercial feeds distributed in this state by the person
         who 20.21first distributes the commercial feed, except that:20.22(1) no fee need be paid on:20.23(i) a commercial feed if the payment has been made by a previous distributor; or20.24(ii) any feed ingredient in a customer formula feeds if the inspection fee is paid on the 20.25commercial feeds which are used as ingredients feed that has been directly furnished by the 20.26customer; or20.27(2) a Minnesota feed distributor who can substantiate that greater than 50 percent of
         the 20.28distribution of commercial feed is to purchasers outside the state may purchase commercial
         20.29feeds without payment of the inspection fee under a tonnage fee exemption permit issued
         20.30by the commissioner no fee need be paid on a first distribution if made to a qualified buyer 21.1who, with approval from the commissioner, is responsible for the fee. Such location specific21.2license-specific tonnage-fee-exemption permits shall be issued on a calendar year basis to 21.3commercial feed distributors licensees who distribute feed or feed ingredients outside the 21.4state, and who submit a $100 nonrefundable application fee and comply with rules adopted 21.5by the commissioner relative to record keeping, tonnage of commercial feed distributed
         in 21.6Minnesota, total of all commercial feed tonnage distributed, and all other information
         which 21.7the commissioner may require so as to ensure that proper inspection fee payment has
         been 21.8made.21.9(b) In the case of pet food or specialty pet food distributed in the state only in packages 21.10of ten pounds or less, a listing of distributor must register each product and submit a current 21.11label for each product must be submitted annually on forms provided by the commissioner 21.12and, accompanied by an annual application fee of $100 for each product in lieu of the 21.13inspection fee. This annual fee is due by July 1 must be received by the commissioner on 21.14or before June 30 or postmarked on or before June 30. The inspection fee required by 21.15paragraph (a) applies to pet food or specialty pet food distributed in packages exceeding 21.16ten pounds.21.17(c) In the case of specialty pet food distributed in the state only in packages of
         ten pounds 21.18or less, a listing of each product and a current label for each product must be submitted
         21.19annually on forms provided by the commissioner and accompanied by an annual fee of
         21.20$100 for each product in lieu of the inspection fee. This annual fee is due by July
         1. The 21.21inspection fee required by paragraph (a) applies to specialty pet food distributed
         in packages 21.22exceeding ten pounds.21.23(d) (c) The minimum inspection fee is $75 per annual reporting period.21.24    Sec. 37. Minnesota Statutes 2016, section 25.39, subdivision 1a, is amended to read:21.25    Subd. 1a. Containers of ten pounds or less. A distributor who is subject to the annual 21.26fee specified in subdivision 1, paragraph (b) or (c), shall must do the following:21.27(1) before beginning distribution, file register with the commissioner a listing of the pet 21.28and specialty pet foods to be distributed in the state only in containers of ten pounds
         or less, 21.29on forms provided by the commissioner. The listing registration under this clause must be 21.30renewed annually on or before July 1 June 30 and is the basis for the payment of the annual 21.31fee. New products added during the year must be submitted to the commissioner as a
         21.32supplement to the annual listing registration before distribution; and22.1(2) if the annual renewal of the listing registration is not received or postmarked on or 22.2before July 1 June 30 or if an unlisted unregistered product is distributed, pay a late filing 22.3fee of $100 per product in addition to the normal charge for the listing registration. The late 22.4filing fee under this clause is in addition to any other penalty under this chapter.22.5    Sec. 38. Minnesota Statutes 2016, section 25.39, subdivision 2, is amended to read:22.6    Subd. 2. Annual statement. A person who is liable for the payment of a fee under this 22.7section shall must file with the commissioner on forms furnished by the commissioner an 22.8annual statement setting forth the number of net tons of commercial feeds distributed
         in 22.9this state during the calendar year. The report is due by on or before the 31st of each January22.10following the year of distribution. The inspection fee at the rate specified in subdivision 1 22.11must accompany the statement. For each tonnage report not filed with the commissioner or 22.12payment of inspection fees not made on time received by the commissioner on or before 22.13January 31 or postmarked on or before January 31, a penalty of ten percent of the amount 22.14due, with a minimum penalty of $10, must be assessed against the license holder, and
         the 22.15amount of fees due, plus penalty, is a debt and may be recovered in a civil action
         against 22.16the license holder. The assessment of this penalty does not prevent the department
         from 22.17taking other actions as provided in this chapter.22.18    Sec. 39. Minnesota Statutes 2016, section 25.39, subdivision 3, is amended to read:22.19    Subd. 3. Records. Each person required to pay an inspection fee or to report in accordance 22.20with this section shall must keep records, as determined by the commissioner, accurately 22.21detailing the tonnage of commercial feed distributed in this state. Records upon which
         the 22.22tonnage is based must be maintained for six years and made available to the commissioner
         22.23for inspection, copying, and audit. A person who is located outside of this state
         must maintain 22.24and make available records required by this section in this state or pay all costs
         incurred in 22.25auditing of the records at another location. Unless required for the enforcement of
         this 22.26chapter, the information in the records required by this subdivision is private or
         nonpublic.22.27    Sec. 40. Minnesota Statutes 2016, section 25.40, subdivision 2, is amended to read:22.28    Subd. 2. Notice; public comment. Before the issuance, amendment, or repeal of any 22.29rule authorized by sections 
         25.31 to 
         25.43, the commissioner shall publish the proposed 22.30rule, amendment, or notice to repeal an existing rule in a manner reasonably calculated
         to 22.31give interested parties, including all current license holders, adequate notice and
         shall afford 22.32all interested persons an opportunity to present their views orally or in writing,
         within a 22.33reasonable period of time. After consideration of all views presented by interested
         persons, 23.1the commissioner shall take appropriate action to issue the proposed rule or to amend
         or 23.2repeal an existing rule. The provisions of this subdivision notwithstanding, if the
         23.3commissioner, pursuant to the authority of sections 
         25.31 to 
         25.43, adopts the official 23.4definitions of feed ingredients or and official feed terms as adopted by the Association of 23.5American Feed Control Officials, any amendment or modification adopted by the association
         23.6shall be is adopted automatically under sections 
         25.31 to 
         25.43 without regard to the 23.7publication of the notice required by this subdivision unless the commissioner, by
         order 23.8specifically determines that the amendment or modification shall not be adopted.23.9    Sec. 41. Minnesota Statutes 2016, section 25.41, subdivision 1, is amended to read:23.10    Subdivision 1. Authorization; limitation. For the purpose of enforcement of sections 23.1125.31
          to 
         25.43, and associated rules, in order to determine whether the provisions have been 23.12complied with, including whether or not any operations may be subject to such provisions,
         23.13officers or employees duly designated by the commissioner or the commissioner's agent, 23.14upon presenting appropriate credentials, and a written notice to the owner, operator,
         or agent 23.15in charge, are authorized:23.16(1) to enter, during normal business hours, any factory, warehouse, or establishment
         23.17within the state in which commercial feeds are manufactured, processed, packed, or
         held 23.18for distribution, or to enter any vehicle being used to transport or hold such feeds;
         and23.19(2) to inspect at reasonable times, within reasonable limits, and in a reasonable
         manner, 23.20such factory, warehouse, establishment or vehicle and all pertinent equipment, finished
         and 23.21unfinished materials, containers, and labeling therein. The inspection may include
         the 23.22verification of records and production and control procedures related to the manufacture,
         23.23distribution, storage, handling, or disposal of commercial feed as may be necessary
         to 23.24determine compliance with this chapter.23.25    Sec. 42. Minnesota Statutes 2016, section 25.41, subdivision 2, is amended to read:23.26    Subd. 2. Notification; promptness. A separate notice shall must be given for each 23.27inspection, but a notice shall is not be required for each entry made during the period covered 23.28by the inspection. Each inspection shall be commencedmust begin and be completed with 23.29reasonable promptness. Upon completion of the inspection, the owner, operator, or
         agent 23.30in charge of the facility or vehicle shall must be so notified.24.1    Sec. 43. Minnesota Statutes 2016, section 25.41, subdivision 3, is amended to read:24.2    Subd. 3. Receipt for samples. If the officer or employee commissioner or the 24.3commissioner's agent making such inspection of a factory, warehouse, or other establishment 24.4has obtained a sample in the course of the inspection, upon completion of the inspection
         24.5and prior to leaving the premises the officer or employee commissioner or the commissioner's 24.6agent shall give to the owner, operator, or agent in charge a receipt describing the samples
         24.7obtained.24.8    Sec. 44. Minnesota Statutes 2016, section 25.41, subdivision 5, is amended to read:24.9    Subd. 5. Entry of premises. For the purpose of the enforcement of sections 
         25.31 to 24.1025.43
         , the commissioner or the commissioner's duly designated agent is authorized to enter 24.11upon any public or private premises including any vehicle of transport during regular
         business 24.12hours to have access to, and to obtain samples, and to examine and copy records relating 24.13to distribution of commercial feeds.24.14    Sec. 45. Minnesota Statutes 2016, section 25.41, subdivision 7a, is amended to read:24.15    Subd. 7a. Manufacturer's report of investigation. If the inspection and analysis of an 24.16official sample indicates that a commercial feed has been adulterated or misbranded,
         the 24.17person whose name appears on the label of the indicated commercial feed as guarantor
         shall24.18must provide a manufacturer's report of investigation to the commissioner within 30 days
         24.19following the receipt of the official analysis.24.20    Sec. 46. Minnesota Statutes 2016, section 25.42, is amended to read:24.2125.42 DETAINED COMMERCIAL FEEDS.24.22    Subdivision 1. Withdrawal from distribution order. When the commissioner or the 24.23commissioner's authorized agent has reasonable cause to believe any lot of commercial feed 24.24is being distributed in violation of any of the provisions of sections 
         25.31 to 
         25.43 or of any 24.25of the prescribed rules under sections 
         25.31 to 
         25.43, the commissioner or the commissioner's 24.26agent may issue and enforce a written or printed "withdrawal from distribution" order,
         24.27warning the distributor not to dispose of the lot of commercial feed in any manner
         until 24.28written permission is given by the commissioner or the court. The commissioner shall
         release 24.29the lot of withdrawn commercial feed so withdrawn when said provisions and sections 25.31 24.30to 25.43 and associated rules have been complied with. If compliance is not obtained within 24.3130 days, the commissioner may begin, or upon request of the distributor or license
         holder 24.32shall begin, proceedings for condemnation.25.1    Subd. 2. Seizure; disposition. Any lot of commercial feed not in compliance with said 25.2provisions andsections 25.31 to 25.43 and associated rules shall be is subject to seizure on 25.3complaint of the commissioner to the district court of the county in which said the commercial 25.4feed is located. In the event the court finds the commercial feed to be in violation
         of sections 25.525.31
          to 
         25.43 and orders the condemnation of said the commercial feed, it shall the 25.6commercial feed must be disposed of in any a manner consistent with the quality of the 25.7commercial feed and the laws of the state; provided, that in no instance, shall the
         disposition 25.8of said the commercial feed be ordered by the court without first giving the claimant an 25.9opportunity to apply to the court for release of said the commercial feed or for permission 25.10to process or relabel said the commercial feed to bring it into compliance with sections 25.1125.31
          to 
         25.43.25.12    Sec. 47. Minnesota Statutes 2016, section 25.43, is amended to read:25.1325.43 PENALTIES.25.14    Subdivision 1. Misdemeanor. Any person convicted of violating any of the provisions 25.15of sections 
         25.31 to 
         25.43 or who shall impede, hinder impedes, hinders, or otherwise prevent25.16prevents, or attempt attempts to prevent, said the commissioner or duly authorized the 25.17commissioner's agent in performance of a duty in connection with the provisions of sections 25.1825.31
          to 
         25.43, shall be is guilty of a misdemeanor.25.19    Subd. 2. Minor violations. Nothing in sections 
         25.31 to 
         25.43 shall be construed as 25.20requiring the commissioner or the commissioner's representative agent to: (1) report for 25.21prosecution, or (2) institute seizure proceedings, or (3) issue a withdrawal from
         distribution 25.22order, as a result of minor violations of sections 
         25.31 to 
         25.43, or when the commissioner 25.23or representative the commissioner's agent believes the public interest will best be served 25.24by suitable notice of warning in writing.25.25    Subd. 3. County attorney duties. Each county attorney to whom any violation is reported 25.26shall must cause appropriate proceedings to be instituted and prosecuted in the district court
         25.27or other court of competent jurisdiction without delay. Before the commissioner reports
         a 25.28violation for such prosecution, an opportunity shall must be given the distributor to present 25.29views to the commissioner.25.30    Subd. 4. Injunction. The commissioner may apply to the district court for a temporary 25.31or permanent injunction restraining any person from violating or continuing to violate
         any 25.32of the provisions of sections 
         25.31 to 
         25.43 or any associated rule promulgated under the 25.33act notwithstanding the existence of other remedies at law.26.1    Subd. 5. Notice of appeal.(a) Any person adversely affected by an act, order, citation, 26.2or ruling made pursuant to the provisions of sections 
         25.31 to 
         25.43may seek judicial review 26.3in accordance with chapter 14. has 30 days from receipt of the citation or order to notify 26.4the commissioner in writing that the person intends to contest the citation or order
         through 26.5a hearing. The hearing request must identify the order or citation being contested
         and state 26.6the grounds for contesting it.26.7(b) If the person fails to notify the commissioner that the person intends to contest
         the 26.8citation or order, the citation or order is final and not subject to further judicial
         or 26.9administrative review.26.10    Subd. 6.Administrative review.If a person notifies the commissioner that the person 26.11intends to contest a citation or order issued under this chapter, the Office of Administrative
         26.12Hearings shall conduct a hearing according to the applicable provisions of chapter
         14 for 26.13hearings in contested cases and final decisions are subject to judicial review as
         provided in 26.14chapter 14.26.15    Sec. 48. Minnesota Statutes 2016, section 27.04, is amended to read:26.1627.04 APPLICATION FOR LICENSE.26.17    Subdivision 1. Issuance. The commissioner shall issue a wholesale produce dealer's 26.18license to engage in the business of a dealer at wholesale to persons submitting an
         application, 26.19paying the prescribed fee, and complying with the conditions in this section.26.20    Subd. 2. Application contents. (a) The application must be in writing, accompanied by 26.21the prescribed fee, and state:26.22(1) the place or places where the applicant intends to carry on the business for which
         26.23the license is desired;26.24(2) the estimated amount of business to be done monthly;26.25(3) the amount of business done during the preceding year, if any;26.26(4) the full names of the persons constituting the firm for a partnership, and for
         a 26.27corporation the names of the officers of the corporation and where incorporated; and26.28(5) a financial statement showing the value and character of the assets and the amount
         26.29of liabilities of the applicant;26.30(6) the income and expenses for the most recent year;27.1(7) the names and addresses of all shareholders who own at least five percent of a
         27.2corporate applicant's shares of stock;27.3(8) whether the applicant or any of its officers, partners, or agents have been involved
         27.4in any litigation relating to the business of a wholesale produce dealer in the previous
         five 27.5years; and27.6(9) (5) any other information relevant to the conduct of its business as a wholesale 27.7produce dealer in the previous five years, as the commissioner may require.27.8(b) If a contract is used in a transaction, a copy of the contract must also be filed
         with 27.9the commissioner.27.10(c) Financial data required of an applicant under this section is classified as private
         data 27.11with regard to data on individuals and as nonpublic data with regard to data not on
         individuals 27.12under section 
         13.02.27.13    Subd. 3. Filing. Applications shall be filed annually.27.14    Sec. 49. Minnesota Statutes 2016, section 27.041, subdivision 1, is amended to read:27.15    Subdivision 1. Bonds. (a) The applicant required to be bonded shall execute and file 27.16with the commissioner a surety bond to the state of Minnesota to be approved by the
         27.17commissioner, the amount, form, and effective date to be determined by the commissioner
         27.18with the maximum not to exceed $1,000,000. In lieu of the surety bond, the commissioner
         27.19may accept a duly executed letter of credit.Before a wholesale produce dealer's license is 27.20issued, the applicant for the license must file with the commissioner a bond in a
         penal sum 27.21prescribed by the commissioner but not less than the following amounts:27.22(1) $5,000 for wholesale produce dealers whose monthly purchases are $35,000 or less;27.23(2) $10,000 for wholesale produce dealers whose monthly purchases are more than 27.24$35,000 but not more than $75,000;27.25(3) $15,000 for wholesale produce dealers whose monthly purchases are more than 27.26$75,000 but not more than $100,000;27.27(4) $25,000 for wholesale produce dealers whose monthly purchases are more than 27.28$100,000 but not more than $250,000;27.29(5) $50,000 for wholesale produce dealers whose monthly purchases are more than 27.30$250,000 but not more than $500,000;28.1(6) $100,000 for wholesale produce dealers whose monthly purchases are more than 28.2$500,000 but not more than $750,000;28.3(7) $175,000 for wholesale produce dealers whose monthly purchases are more than 28.4$750,000 but not more than $1,000,000;28.5(8) $250,000 for wholesale produce dealers whose monthly purchases are more than 28.6$1,000,000 but not more than $2,500,000;28.7(9) $500,000 for wholesale produce dealers whose monthly purchases are more than 28.8$2,500,000 but not more than $10,000,000;28.9(10) $750,000 for wholesale produce dealers whose monthly purchases are more than
         28.10$10,000,000 but not more than $25,000,000; and28.11(11) $1,000,000 for wholesale produce dealers whose gross annual purchases exceed
         28.12$25,000,000.28.13(b) A wholesale produce dealer who has filed a bond with the commissioner before July
         28.141, 2016, is not required to increase the amount of the bond to comply with this section
         until 28.15July 1, 2017. The commissioner may postpone an increase in the amount of the bond
         until 28.16July 1, 2018, if a licensee demonstrates that the increase will impose undue financial
         hardship 28.17on the licensee, and that producers will not be harmed as a result of the postponement.
         The 28.18commissioner may impose other restrictions on a licensee whose bond increase has been
         28.19postponed. The amount of the bond shall be based on the amount purchased or contracted
         28.20for from Minnesota farmers and other Minnesota dealers for produce during the previous
         28.2112 months.28.22(c) A first-time applicant for a wholesale produce dealer's license shall file a $10,000
         28.23bond with the commissioner. This bond shall remain in effect for the first year of
         the license. 28.24Thereafter, the licensee shall comply with the applicable bonding requirements in
         paragraph 28.25(a), clauses (1) to (11).28.26(d) In lieu of the bond required by this subdivision, the applicant may deposit with
         the 28.27commissioner of management and budget cash; a certified check; a cashier's check;
         a postal, 28.28bank, or express money order; assignable bonds or notes of the United States; an assignment
         28.29of a bank savings account or investment certificate; or an irrevocable bank letter
         of credit 28.30as defined in section 336.5-102, in the same amount as would be required for a bond.28.31(e) Bonds must be continuous until canceled. To cancel a bond, a surety must provide
         28.3260 days' written notice of the bond's termination date to the licensee and the commissioner.29.1(f) The bond or letter of credit shall be conditioned on the faithful performance of the
         29.2applicant's duties as a dealer at wholesale, including:29.3(1) the observance of all laws relating to the carrying on of the business of a dealer
         at 29.4wholesale;29.5(2) payment when due, unless it appears to the commissioner that a voluntary extension
         29.6of credit has been given on the produce by the seller to the licensee beyond the due
         date;29.7(3) the prompt settlement and payment of all claims and charges due the state for
         services 29.8rendered or otherwise;29.9(4) the prompt reporting of sales as required by law to all persons consigning produce
         29.10to the licensee for sale on commission; and29.11(5) the prompt payment to the persons entitled thereto of the proceeds of the sales,
         less 29.12lawful charges, disbursements, and commissions.29.13(b) (g) The bond shall cover all wholesale produce business subject to the protection 29.14outlined in section 
         27.001 which is:29.15(1) transacted within this state; or29.16(2) transacted in part within this state and in part within the states and provinces
         29.17contiguous with this state and sold by Minnesota sellers.29.18(h) Wholesale produce dealers who are retail merchants shall be required to file a
         bond 29.19under paragraph (a) based on the dollar amount of produce purchased directly from
         farmers.29.20    Sec. 50. Minnesota Statutes 2016, section 28A.21, subdivision 6, is amended to read:29.21    Subd. 6. Expiration.  This section expires June 30, 2017 2027.29.22    Sec. 51. Minnesota Statutes 2016, section 31A.02, subdivision 4, is amended to read:29.23    Subd. 4. Animals. "Animals" means cattle, swine, sheep, goats, poultry, farmed Cervidae, 29.24as defined in section 
         35.153, subdivision 3, llamas, as defined in section 
         17.455, subdivision 29.252
         , Ratitae, as defined in section 
         17.453, subdivision 3, horses, equines, and other large 29.26domesticated animals.29.27    Sec. 52. Minnesota Statutes 2016, section 32C.02, subdivision 2, is amended to read:29.28    Subd. 2. Facility design; development and operation. The authority may enter into 29.29management contracts, lease agreements, or both, with a Minnesota nonprofit corporation
         29.30to design, develop, and operate a facility to further the purposes of this chapter
         at the site 30.1determined by the board and on the terms that the board finds desirable. The board
         must 30.2identify and acquire a site that will accommodate, where practicable, the following facilities 30.3and activities:30.4(1) housing for bred and lactating animals;30.5(2) milking parlor;30.6(3) automatic milking systems;30.7(4) cross-ventilated and natural-ventilated housing;30.8(5) transition cow housing;30.9(6) special needs and hospital housing;30.10(7) classrooms and a conference room;30.11(8) dairy processing facility with retail;30.12(9) visitors' center;30.13(10) student housing;30.14(11) laboratory facilities;30.15(12) space to accommodate installation of an anaerobic digester system to research
         30.16energy production from feedstock produced on site or from off-site sources; and30.17(13) space for feed storage to allow for research capabilities at the facility.30.18Notwithstanding the provisions of section 
         32C.01, subdivision 7, relating to conflict of 30.19interest, a director or officer of the authority who is also a director, officer,
         or member of 30.20a nonprofit corporation with which the authority enters into management contracts
         or lease 30.21agreements may participate in and vote on the decision of the board as to the terms
         and 30.22conditions of management contracts or lease agreements between the Minnesota nonprofit
         30.23corporation and the authority.30.24    Sec. 53. Minnesota Statutes 2016, section 32C.06, is amended to read:30.2532C.06 EXPIRATION.30.26If by August 1, 2017 2020, the authority board has not identified and acquired a site for 30.27a facility, as provided in section 
         32C.02, subdivision 2, sections 
         32C.01 to 
         32C.05 and this 30.28section are repealed on that date. The Department of Agriculture shall notify the
         revisor of 30.29statutes if the repealer under this section becomes effective.31.1    Sec. 54. Minnesota Statutes 2016, section 34A.01, subdivision 1, is amended to read:31.2    Subdivision 1. Applicability. The definitions in this section and chapters 28, 28A, 29, 31.330, 31, 31A, 32 32D, and 34 apply to this chapter. The definitions in this section apply to 31.4chapter 32 32D.31.5    Sec. 55. Minnesota Statutes 2016, section 41B.03, subdivision 2, is amended to read:31.6    Subd. 2. Eligibility for restructured loan. In addition to the eligibility requirements 31.7of subdivision 1, a prospective borrower for a restructured loan must:31.8(1) have received at least 50 percent of average annual gross income from farming
         for 31.9the past three years or, for homesteaded property, received at least 40 percent of
         average 31.10gross income from farming in the past three years, and farming must be the principal
         31.11occupation of the borrower;31.12(2) have projected annual expenses, including operating expenses, family living, and
         31.13interest expenses after the restructuring, that do not exceed 95 percent of the borrower's
         31.14projected annual income considering prior production history and projected prices
         for farm 31.15production, except that the authority may reduce the 95 percent requirement if it
         finds that 31.16other significant factors in the loan application support the making of the loan;31.17(3) demonstrate substantial difficulty in meeting projected annual expenses without
         31.18restructuring the loan; and31.19(4) have a total net worth, including assets and liabilities of the borrower's spouse
         and 31.20dependents, of less than $660,000 in 2004 $1,700,000 in 2017 and an amount in subsequent 31.21years which is adjusted for inflation by multiplying that amount by the cumulative
         inflation 31.22rate as determined by the United States All-Items Consumer Price Index.31.23    Sec. 56. Minnesota Statutes 2016, section 41B.03, subdivision 3, is amended to read:31.24    Subd. 3. Eligibility for beginning farmer loans. (a) In addition to the requirements 31.25under subdivision 1, a prospective borrower for a beginning farm loan in which the
         authority 31.26holds an interest, must:31.27(1) have sufficient education, training, or experience in the type of farming for
         which 31.28the loan is desired;31.29(2) have a total net worth, including assets and liabilities of the borrower's spouse
         and 31.30dependents, of less than $350,000 in 2004 $800,000 in 2017 and an amount in subsequent 32.1years which is adjusted for inflation by multiplying that amount by the cumulative
         inflation 32.2rate as determined by the United States All-Items Consumer Price Index;32.3(3) demonstrate a need for the loan;32.4(4) demonstrate an ability to repay the loan;32.5(5) certify that the agricultural land to be purchased will be used by the borrower
         for 32.6agricultural purposes;32.7(6) certify that farming will be the principal occupation of the borrower;32.8(7) agree to participate in a farm management program approved by the commissioner
         32.9of agriculture for at least the first three years of the loan, if an approved program
         is available 32.10within 45 miles from the borrower's residence. The commissioner may waive this requirement
         32.11for any of the programs administered by the authority if the participant requests
         a waiver 32.12and has either a four-year degree in an agricultural program or certification as an
         adult farm 32.13management instructor; and32.14(8) agree to file an approved soil and water conservation plan with the Natural Resources
         32.15Conservation Service office in the county where the land is located.32.16(b) If a borrower fails to participate under paragraph (a), clause (7), the borrower
         is 32.17subject to penalty as determined by the authority.32.18    Sec. 57. Minnesota Statutes 2016, section 41B.043, subdivision 5, is amended to read:32.19    Subd. 5. Total net worth limit. A prospective borrower for an agricultural improvement 32.20loan in which the authority holds an interest must have a total net worth, including
         assets 32.21and liabilities of the borrower's spouse and dependents, of less than $350,000 in 200432.22$800,000 in 2017 and an amount in subsequent years which is adjusted for inflation by 32.23multiplying that amount by the cumulative inflation rate as determined by the United
         States 32.24All-Items Consumer Price Index.32.25    Sec. 58. Minnesota Statutes 2016, section 41B.045, subdivision 2, is amended to read:32.26    Subd. 2. Loan participation. The authority may participate in a livestock expansion 32.27loan with an eligible lender to a livestock farmer who meets the requirements of section
         32.2841B.03, subdivision 1
         , clauses (1) and (2), and who are actively engaged in a livestock 32.29operation. A prospective borrower must have a total net worth, including assets and
         liabilities 32.30of the borrower's spouse and dependents, of less than $660,000 in 2004 $1,700,000 in 201732.31and an amount in subsequent years which is adjusted for inflation by multiplying that
         amount 33.1by the cumulative inflation rate as determined by the United States All-Items Consumer
         33.2Price Index.33.3Participation is limited to 45 percent of the principal amount of the loan or $525,000,
         33.4whichever is less. The interest rates and repayment terms of the authority's participation
         33.5interest may be different from the interest rates and repayment terms of the lender's
         retained 33.6portion of the loan.33.7    Sec. 59. Minnesota Statutes 2016, section 41C.02, subdivision 12, is amended to read:33.8    Subd. 12. Low or moderate net worth. "Low or moderate net worth" means:33.9(1) for an individual, an aggregate net worth of the individual and the individual's
         spouse 33.10and minor children of less than $350,000 in 2004 $800,000 in 2017 and an amount in 33.11subsequent years which is adjusted for inflation by multiplying that amount by the
         cumulative 33.12inflation rate as determined by the United States All-Items Consumer Price Index;
         or33.13(2) for a partnership, an aggregate net worth of all partners, including each partner's
         net 33.14capital in the partnership, and each partner's spouse and minor children of less than
         twice 33.15the amount set for an individual in clause (1). However, the aggregate net worth of
         each 33.16partner and that partner's spouse and minor children may not exceed the amount set
         for an 33.17individual in clause (1).33.18    Sec. 60. Minnesota Statutes 2016, section 116V.01, subdivision 1, is amended to read:33.19    Subdivision 1. Establishment. The Agricultural Utilization Research Institute is 33.20established as a nonprofit corporation under section 501(c)(3) of the Internal Revenue
         Code 33.21of 1986, as amended. The Agricultural Utilization Research Institute shall conduct
         onsite 33.22and applied research, promote the establishment of new products and product uses and
         the 33.23expansion of existing markets for the state's agricultural commodities and products,
         including 33.24direct financial and technical assistance for Minnesota entrepreneurs. The institute must 33.25establish or maintain facilities and work with private and public entities to leverage
         the 33.26resources available to achieve maximum results for Minnesota agriculture.33.27    Sec. 61. Minnesota Statutes 2016, section 116V.01, subdivision 2, is amended to read:33.28    Subd. 2. Board of directors. The board of directors of the Agricultural Utilization 33.29Research Institute is comprised of:33.30(1) the chairs of the senate and the house of representatives standing committees
         with 33.31jurisdiction over agriculture finance or the chair's designee;34.1(2) two representatives of statewide farm organizations;34.2(3) two representatives of agribusiness; and34.3(4) three representatives of the commodity promotion councils; and34.4(5) two at-large representatives.34.5    Sec. 62. Minnesota Statutes 2016, section 116V.01, subdivision 3, is amended to read:34.6    Subd. 3. Duties. (a) The Agricultural Utilization Research Institute shall:34.7    (1) identify development opportunities for agricultural products;34.8    (2) implement a program that identifies techniques to meet those opportunities;34.9    (3) monitor and coordinate research among the public and private organizations and
         34.10individuals specifically addressing procedures to transfer new technology to businesses,
         34.11farmers, and individuals;34.12    (4) provide research grants to public and private educational institutions and other 34.13organizations that are undertaking basic and applied research to promote the development
         34.14of emerging agricultural industries;34.15    (5) assist organizations and individuals with market analysis and product marketing 34.16implementations;34.17    (6) (5) to the extent possible earn and receive revenue from contracts, patents, licenses,
         34.18royalties, grants, fees-for-service, and memberships;34.19    (7) (6) work with the Department of Agriculture, the United States Department of 34.20Agriculture, the Department of Employment and Economic Development, and other agencies
         34.21to maximize marketing opportunities locally, nationally, and internationally; and34.22    (8) (7) leverage available funds from federal, state, and private sources to develop new
         34.23markets and value added opportunities for Minnesota agricultural products.34.24    (b) The Agricultural Utilization Research Institute board of directors shall have
         the sole 34.25approval authority for establishing agricultural utilization research priorities,
         requests for 34.26proposals to meet those priorities, awarding of grants, hiring and direction of personnel,
         34.27and other expenditures of funds consistent with the adopted and approved mission and
         goals 34.28of the Agricultural Utilization Research Institute. The actions and expenditures of
         the 34.29Agricultural Utilization Research Institute are subject to audit. The institute shall
         annually 34.30report by February 1 to the senate and house of representatives standing committees
         with 34.31jurisdiction over agricultural policy and funding. The report must list projects initiated,
         35.1progress on projects, and financial information relating to expenditures, income from
         other 35.2sources, and other information to allow the committees to evaluate the effectiveness
         of the 35.3institute's activities.35.4    (c) The Agricultural Utilization Research Institute shall convene a Renewable Energy
         35.5Roundtable, the purpose of which shall be to further the state's leadership on bioenergy
         35.6issues.35.7    (i) The Renewable Energy Roundtable shall consist of one representative appointed
         by 35.8the commissioner of the Minnesota Department of Agriculture, one appointed by the
         35.9commissioner of the Minnesota Department of Commerce, one appointed by the chancellor
         35.10of the Minnesota State Colleges and Universities, and one appointed by the president
         of the 35.11University of Minnesota. The appointees must have expertise relevant to bioenergy.35.12    (ii) The board shall oversee the activities and shall provide staff to assist the
         Renewable 35.13Energy Roundtable.35.14    (iii) The Renewable Energy Roundtable will engage professionals and experts from 35.15private, government, academic, and nonprofit entities across the state to identify
         bioenergy 35.16opportunities and collaborate with a broad group of interested parties to identify
         future 35.17alternative courses of action the state can take to sustain a long-term competitive
         position 35.18in renewable energy through the year 2025. The Renewable Energy Roundtable will consult,
         35.19advise, and review projects and initiatives funded by the state as directed by the
         35.20administration and the legislature.35.21    Sec. 63. Minnesota Statutes 2016, section 116V.01, subdivision 4, is amended to read:35.22    Subd. 4. Staff. The board of directors shall hire staff an executive director for the 35.23Agricultural Utilization Research Institute. Persons employed by the Agricultural
         Utilization 35.24Research Institute are not state employees and may participate in state retirement,
         deferred 35.25compensation, insurance, or other plans that apply to state employees generally and
         are 35.26subject to regulation by the state Campaign Finance and Public Disclosure Board.35.27    Sec. 64. Minnesota Statutes 2016, section 116V.01, subdivision 7, is amended to read:35.28    Subd. 7. Bylaws. The board of directors shall adopt bylaws necessary for the conduct 35.29of the business of the institute consistent with this section. The corporation must
         publish 35.30bylaws and amendments to the bylaws in the State Register on the board's Web site.36.1    Sec. 65. Minnesota Statutes 2016, section 116V.01, subdivision 10, is amended to read:36.2    Subd. 10. Meetings. The board of directors shall meet at least twice each year and may 36.3hold additional meetings upon giving notice in accordance with the bylaws of the institute.
         36.4Board meetings are subject to chapter 13D, except section 
         13D.01, subdivision 6, as it 36.5pertains to financial information, business plans, income and expense projections,
         customer 36.6lists, market and feasibility studies, and trade secret information as defined by
         section 
         13.37, 36.7subdivision 1
         , paragraph (b). For the purposes of section 13D.015, the board of directors is 36.8a state board.36.9    Sec. 66. Minnesota Statutes 2016, section 116V.01, subdivision 11, is amended to read:36.10    Subd. 11. Conflict of interest. A director, employee, or officer of the institute may not 36.11participate in advocate for or vote on a decision of the board relating to an organization in 36.12which the director, employee, or officer has either a direct or indirect financial interest.36.13    Sec. 67. Minnesota Statutes 2016, section 116V.01, subdivision 13, is amended to read:36.14    Subd. 13. Funds. The institute may accept and use gifts, grants, or contributions from 36.15any source. Unless otherwise restricted by the terms of a gift or bequest, the board
         may sell, 36.16exchange, or otherwise dispose of and invest or reinvest the money, securities, or
         other 36.17property given or bequested to it. The principal of these funds, the income from them,
         and 36.18all other revenues received by it from any nonstate source must be placed in the depositories 36.19the board determines and is are subject to expenditure for the board's purposes. Receipts 36.20and expenditures of more than $25,000 $50,000 must be approved by the full board.36.21    Sec. 68. Minnesota Statutes 2016, section 116V.01, subdivision 14, is amended to read:36.22    Subd. 14. Accounts; audits. The institute may establish funds and accounts that it finds 36.23convenient. The board shall provide for and pay the cost of an independent annual audit of 36.24its official books and records by the legislative auditor subject to sections 
         3.971 and 
         3.972. 36.25In addition, the board shall provide and pay for the cost of an annual financial audit
         of its 36.26official books and records by an independent audit firm. A copy of this the annual financial36.27audit shall be filed with the secretary of state Office of the Attorney General, Charities 36.28Division.36.29For purposes of this section, "institute" means the Agricultural Utilization Research
         36.30Institute established under this section and "board of directors" means the board
         of directors 36.31of the Agricultural Utilization Research Institute.37.1    Sec. 69. Minnesota Statutes 2016, section 223.17, subdivision 8, is amended to read:37.2    Subd. 8. Bond disbursement. (a) The bond required under subdivision 4 shall provide 37.3for payment of loss caused by the grain buyer's failure to pay, upon the owner's demand,
         37.4the purchase price of grain sold to the grain buyer in the manner provided by subdivision
         37.55, including loss caused by failure to pay within the time required. The bond shall
         be 37.6conditioned upon the grain buyer being duly licensed as provided herein.37.7(b) The commissioner shall promptly determine the validity of all claims filed and
         notify 37.8the claimants of the determination. An aggrieved party may appeal the commissioner's
         37.9determination by requesting, within 15 days, that the commissioner initiate a contested
         case 37.10proceeding. In the absence of such a request, or following the issuance of a final
         order in a 37.11contested case, the surety company shall issue payment promptly to those claimants
         entitled 37.12to payment. The commissioner may apply to the district court for an order appointing
         a 37.13trustee or receiver to manage and supervise the operations of the grain buyer in default.
         The 37.14commissioner may participate in any resulting court proceeding as an interested party.37.15(c) If a grain buyer has become liable to more than one producer by reason of breaches
         37.16of the conditions of the bond and the amount of the bond is insufficient to pay the
         entire 37.17liability to all producers entitled to the protection of the bond, the proceeds of
         the bond shall 37.18be apportioned among the bona fide claimants.37.19(d) The bond shall not be cumulative from one licensing period to the next. The maximum
         37.20liability of the bond shall be its face value for the licensing period.37.21(e) The bond disbursement shall occur 200 days from the date the commissioner publishes
         37.22a public notice of a claim. At the end of this time period, the commissioner shall
         initiate 37.23bond payments on all valid claims received by the commissioner.37.24    Sec. 70. Minnesota Statutes 2016, section 232.22, subdivision 7, is amended to read:37.25    Subd. 7. Bond disbursement. (a) The bond of a public grain warehouse operator must 37.26be conditioned that the public grain warehouse operator issuing a grain warehouse
         receipt 37.27is liable to the depositor for the delivery of the kind, grade and net quantity of
         grain called 37.28for by the receipt.37.29(b) Upon notification of default, the commissioner shall determine the validity of
         all 37.30claims and notify all parties having filed claims. Any aggrieved party may appeal
         the 37.31commissioner's determination by requesting, within 15 days, that the commissioner
         initiate 37.32a contested case proceeding. In the absence of such a request, or following the issuance
         of 37.33a final order in a contested case, the surety company shall issue payment to those
         claimants 38.1entitled to payment. If the commissioner determines it is necessary, the commissioner
         may 38.2apply to the district court for an order appointing a trustee or receiver to manage
         and supervise 38.3the operations of the grain warehouse operator in default. The commissioner may participate
         38.4in any resulting court proceeding as an interested party.38.5(c) For the purpose of determining the amount of bond disbursement against all valid
         38.6claims under a condition one bond, all grain owned or stored in the public grain warehouse
         38.7shall be sold and the combined proceeds deposited in a special fund. Payment shall
         be made 38.8from the special fund satisfying the valid claims of grain warehouse receipt holders.38.9(d) If a public grain warehouse operator has become liable to more than one depositor
         38.10or producer by reason of breaches of the conditions of the bond and the amount of
         the bond 38.11is insufficient to pay, beyond the proceeds of the special fund, the entire liability
         to all valid 38.12claimants, the proceeds of the bond and special fund shall be apportioned among the
         valid 38.13claimants on a pro rata basis.38.14(e) A bond is not cumulative from one licensing period to the next. The maximum 38.15liability of the bond shall be its face value for the licensing period.38.16(f) The bond disbursement shall occur 200 days from the date the commissioner publishes
         38.17a public notice of a claim. At the end of this time period, the commissioner shall
         initiate 38.18bond payments on all valid claims received by the department.38.19    Sec. 71. REVISOR'S INSTRUCTION.38.20The revisor of statutes shall renumber Minnesota Statutes, section 18B.01, subdivision
         38.219a, to Minnesota Statutes, section 18B.01, subdivision 9d, and correct any cross-references
         38.22related to the renumbering.38.23    Sec. 72. REPEALER.38.24Minnesota Statutes 2016, sections 18B.01, subdivisions 10a, 10b, and 22a; 18B.285;
         38.2525.371, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15; and 41D.01,
         subdivision 38.264, are repealed.38.27ARTICLE 238.28DAIRY LAW REORGANIZATION38.29    Section 1. Minnesota Statutes 2016, section 13.6435, subdivision 8, is amended to read:39.1    Subd. 8. Dairy products. Financial and production information obtained by the 39.2commissioner of agriculture to administer chapter 32 32D are classified under section 
         32.71, 39.3subdivision 2 32D.25, subdivision 2.39.4    Sec. 2. [32D.01] DEFINITIONS.39.5    Subdivision 1.Scope.The definitions in this section apply to this chapter.39.6    Subd. 2.Adulterated."Adulterated" means an item is covered by section 34A.02.39.7    Subd. 3.Cheese."Cheese" includes all varieties of cheese, cheese spreads, cheese foods, 39.8cheese compounds, or processed cheese made or manufactured in whole or in part from
         39.9milk.39.10    Subd. 4.Commissioner."Commissioner" means the commissioner of agriculture.39.11    Subd. 5.Dairy farm."Dairy farm" means a place or premises where one or more lactating 39.12animals, including cows, goats, sheep, water buffalo, camels, or other hoofed mammals,
         39.13are kept, and from which all or a portion of the milk produced at the place or premises
         is 39.14delivered, sold, or offered for sale.39.15    Subd. 6.Dairy plant."Dairy plant" means any place where a dairy product is 39.16manufactured, processed, or handled and includes milk-receiving stations, creameries,
         39.17cheese factories, condenseries, milk plants, transfer stations, and marketing organizations
         39.18that purchase milk and cream directly from producers for resale and other establishments,
         39.19as those terms are used in this chapter and chapters 17, 27, and 31; but does not
         include any 39.20place where dairy products are not processed but sold at whole or retail only.39.21    Subd. 7.Dairy product."Dairy product" means milk as defined by Code of Federal 39.22Regulations, title 21, cream, any product or by-product of either, or any commodity
         among 39.23the principal constituents or ingredients of which is one or a combination of two
         or more 39.24of them, as determined by standards, grades, or rules adopted by the commissioner.39.25    Subd. 8.Fluid milk products."Fluid milk products" means yogurt, cream, sour cream, 39.26half and half, reconstituted half and half, concentrated milk, concentrated milk products,
         39.27skim milk, nonfat milk, chocolate flavored milk, chocolate flavored dairy drink, chocolate
         39.28flavored reconstituted milk, chocolate flavored reconstituted dairy drink, buttermilk,
         cultured 39.29buttermilk, cultured milk, vitamin D milk, reconstituted or recombined milk, reconstituted
         39.30cream, reconstituted skim milk, homogenized milk, and any other fluid milk product
         made 39.31by the addition of any substance to milk or to any of the fluid milk products enumerated
         39.32under this subdivision or by rule adopted by the commissioner.40.1    Subd. 9.Goat milk."Goat milk" means a whole, fresh, clean lacteal secretion free from 40.2colostrum, obtained by the complete milking of one or more healthy goats.40.3    Subd. 10.Milk."Milk" means the normal lacteal secretion, practically free of colostrum, 40.4obtained by the milking of one or more healthy hoofed mammals. Hoofed mammals include
         40.5but are not limited to cattle, water buffalo, sheep, goats, yaks, and camels.40.6    Subd. 11.Milk for manufacturing purposes."Milk for manufacturing purposes" means 40.7milk produced for processing and manufacturing into products for human consumption
         but 40.8not subject to Grade A or comparable requirements.40.9    Subd. 12.Milk-receiving station."Milk-receiving station" means a dairy plant where 40.10raw milk for pasteurization or for manufacture is received, handled, or prepared for
         40.11processing or for resale as unpasteurized milk or fluid milk products.40.12    Subd. 13.Minnesota farmstead cheese."Minnesota farmstead cheese" means cheese 40.13manufactured in Minnesota on the same farm that the milk used in its manufacturing
         is 40.14produced.40.15    Subd. 14.Misbranded or misbranding."Misbranded" or "misbranding" means an item 40.16is covered by section 34A.03.40.17    Subd. 15.Pasteurization or pasteurized.(a) "Pasteurization," "pasteurized," and similar 40.18terms mean:40.19(1) the process of heating every particle of milk or dairy product in properly operated
         40.20equipment approved by the commissioner to a temperature of at least 145 degrees Fahrenheit
         40.21and holding the temperature for at least 30 minutes;40.22(2) the process of heating every particle of milk or dairy product in properly operated
         40.23equipment approved by the commissioner to a temperature of at least 161 degrees Fahrenheit
         40.24and holding the temperature for at least 15 seconds; or40.25(3) the process of heating every particle of milk or dairy product in properly operated
         40.26equipment approved by the commissioner to the temperatures and holding for the times
         as 40.27the commissioner may prescribe by rule, containing standards more stringent than those
         40.28imposed by this subdivision.40.29(b) Nothing in this subdivision shall be construed as excluding any other process
         that 40.30has been demonstrated to be equally efficient and is approved by the commissioner.40.31    Subd. 16.Recombinant bovine growth hormone or rBGH."Recombinant bovine 40.32growth hormone" or "rBGH" means a growth hormone intended for use in bovine animals
         41.1that has been produced through recombinant DNA techniques, described alternately as
         41.2recombinant bovine somatotropin or rBST.41.3    Sec. 3. [32D.02] INSPECTION AUTHORITY AND DUTIES.41.4    Subdivision 1.Enforcement.The commissioner is charged with the enforcement of this 41.5chapter.41.6    Subd. 2.Power and authority.For the purpose of enforcing this chapter, the 41.7commissioner and the commissioner's assistants, agents, and employees have the power
         41.8and authority granted under sections 31.02 to 31.171.41.9    Subd. 3.Inspection of dairies.At times the commissioner determines proper, the 41.10commissioner shall inspect all places where dairy products are made, stored, or served
         as 41.11food for purchase, and all places where hoofed mammals are kept by persons engaged
         in 41.12the sale of milk, and shall require the correction of all unsanitary conditions and
         practices.41.13    Subd. 4.Refusal of inspection.A refusal or physical threat that prevents the completion 41.14of an inspection or neglect to obey a lawful direction of the commissioner or the
         41.15commissioner's agent given while carrying out this section may result in the suspension
         of 41.16the offender's permit or certification or other enforcement as deemed appropriate
         by the 41.17commissioner. The offender is required to meet with a representative of the offender's
         plant 41.18or marketing organization and a representative of the commissioner within 48 hours
         of 41.19receiving notice, excluding holidays or weekends, or the suspension or enforcement
         action 41.20shall take effect. A producer may request a hearing before the commissioner or the
         41.21commissioner's agent if a serious concern exists relative to the retention of the
         offender's 41.22permit or certification to sell milk.41.23    Subd. 5.Inspection service.To ensure compliance with the laws and rules governing 41.24the production, handling, processing, and sale of milk and dairy products, the commissioner
         41.25is authorized, through a duly trained and qualified milk inspector, to inspect milk
         and milk 41.26products and the premises and plants where milk and milk products are produced, handled,
         41.27and processed. Inspection services must acquaint the processor and producers with
         the 41.28requirements for a Grade A or manufacturing grade milk supply for preliminary inspection
         41.29to determine if a processor has brought the processor's farms and plants to the state
         of 41.30compliance that qualifies the processor's products for the Grade A or manufacturing
         grade 41.31label, and for continuous inspection to ensure that a farm or plant and all products
         from a 41.32farm or plant are in compliance with this chapter.42.1    Subd. 6.Field service.Grade A or manufacturing grade processors shall provide a 42.2continuous field service to assist producers who sell their milk to the processor's
         plant to 42.3attain and maintain compliance with this chapter. A person who performs field service
         must 42.4first obtain a permit from the commissioner. A person desiring to secure a permit
         must apply 42.5on a form provided by the commissioner, and before a permit is issued the commissioner
         42.6shall determine that the applicant is competent and qualified to perform field service.
         The 42.7permit is not transferable to another person and may be revoked for due cause after
         the 42.8holder of the permit has been given the opportunity for a hearing. The permit holder
         must 42.9be given a notice in writing of the time and place of the hearing at least seven days
         before 42.10the date of the hearing.42.11    Subd. 7.Enforcement standards.The standards in this chapter and rules adopted under 42.12this chapter by the commissioner shall be the only standards for use in Minnesota.
         No 42.13municipality or other subdivision of state government shall provide, by ordinance,
         more 42.14stringent or comprehensive standards than are contained in this chapter and rules
         adopted 42.15by the commissioner under this chapter.42.16    Subd. 8.Rules.(a) The commissioner shall by rule adopt identity, production, and 42.17processing standards for both Grade A and manufacturing grade milk and dairy products.42.18(b) In the exercise of the authority to establish requirements for Grade A milk and
         milk 42.19products, the commissioner adopts definitions, standards of identity, and requirements
         for 42.20production and processing contained in the most current version of the Grade A Pasteurized
         42.21Milk Ordinance, and its associated documents, of the United States Department of Health
         42.22and Human Services in a manner provided for and not in conflict with law.42.23(c) Producers of milk, other than Grade A, shall conform to the standards contained
         in 42.24subparts B, C, D, E, and F of the United States Department of Agriculture Agricultural
         42.25Marketing Service Recommended Requirements for Milk for Manufacturing Purposes and
         42.26its Production and Processing, except that the commissioner shall develop methods
         by which 42.27producers are able to comply with the standards without violation of religious beliefs.42.28    Subd. 9.Certified industry inspection.Industry personnel may be certified to perform 42.29any inspection, to the extent allowed by federal law and provided that performance
         of the 42.30inspections is consistent with rules adopted in subdivision 8.42.31    Subd. 10.Fees; dairy services account.(a) All fees and penalties collected under this 42.32chapter shall be deposited into the dairy services account in the agricultural fund
         and used 42.33for the purposes of administering this chapter.43.1(b) Unless otherwise noted, all fees are payable by a processor or marketing organization
         43.2and are invoiced on July 1 of each year for Grade A and January 1 of each year for
         43.3manufacturing grade, and if not paid within 30 days of the due date, inspection service
         may 43.4be discontinued. If a farm discontinues the production of milk within six months of
         the 43.5billing date, a request for a refund based on inspection services not received may
         be made 43.6by the processor or by the marketing organization on behalf of its patrons. This request
         must 43.7be made in writing by June 30 for manufacturing grade or by December 31 for Grade
         A. 43.8Upon approval by the commissioner, refunds must be made to the processor or marketing
         43.9organization.43.10    Sec. 4. [32D.03] BULK MILK HAULER AND SAMPLER LICENSE.43.11    Subdivision 1.License requirement.A person collecting milk from a dairy farm and 43.12transporting the milk by bulk pickup and not in individual containers from farm to
         plant 43.13must obtain a bulk milk hauler and sampler license.43.14    Subd. 2.Application.A person desiring to secure a bulk milk hauler and sampler license 43.15must apply on a form provided by the commissioner. Before the license is issued, the
         43.16commissioner shall determine that the applicant is competent and qualified.43.17    Subd. 3.Term of license; transferability.An initial bulk milk hauler and sampler 43.18license issued by the commissioner expires on the following December 31 and is not
         43.19transferable. A renewal bulk milk hauler and sampler license is not transferable,
         is valid for 43.20two years, and expires on December 31 of the second year.43.21    Subd. 4.Fees and penalties.The fee for an initial or renewal bulk milk hauler and 43.22sampler license is $60. The fee shall be paid to the commissioner before the commissioner
         43.23issues an initial or renewal bulk milk hauler and sampler license. If a bulk milk
         hauler and 43.24sampler license renewal is not applied for on or before January 1, a fee of $30 shall
         be 43.25imposed. A person who does not renew a bulk milk hauler and sampler license within
         one 43.26year following its December 31 expiration date, except those persons who do not renew
         the 43.27bulk milk hauler and sampler license while engaged in active military service, shall
         be 43.28required to prove competency and qualification pursuant to section 32D.07 before a
         bulk 43.29milk hauler and sampler license is issued. The commissioner may require any other
         person 43.30who renews a bulk milk hauler and sampler license to prove competency and qualification
         43.31in the same manner.43.32    Subd. 5.Suspension or cancellation.The commissioner is empowered to conduct 43.33enforcement action, suspend, or cancel any bulk milk hauler and sampler license pursuant
         43.34to section 34A.06.44.1    Sec. 5. [32D.04] MILK TANK TRUCKS.44.2All farm bulk milk pickup tankers, milk transports, and tankers used to transport
         milk 44.3products must be inspected and obtain a permit issued by the commissioner at least
         once 44.4every 12 months. The owner or operator must pay a $25 permit fee per tanker to the
         44.5commissioner. The commissioner may appoint a person the commissioner deems qualified
         44.6to make inspections.44.7    Sec. 6. [32D.05] GRADE A DAIRY FARM PERMITTING; WATER WELL 44.8DISTANCE REQUIREMENT.44.9(a) No milk producer may sell or distribute milk from a dairy farm as Grade A milk
         44.10without a valid Grade A dairy farm permit issued by the commissioner.44.11(b) A dairy farmer who wishes to be permitted to produce Grade A milk may not be 44.12denied the Grade A permit solely because of provisions in rules adopted by the commissioner
         44.13requiring a minimum distance between a water well and dairy farm. To be eligible for
         a 44.14Grade A permit, the following conditions must be met:44.15(1) the water well must have been in place prior to January 1, 1974;44.16(2) the water well must comply with all other rules applicable to the well, other
         than the 44.17distance requirement; and44.18(3) water from the well must be tested at least once every 12 months. More frequent
         44.19testing may be required in compliance with guidelines established by the commissioner
         if 44.20water test results fail to meet water quality requirements.44.21    Sec. 7. [32D.06] GRADE A DAIRY FARM INSPECTION; FEES.44.22(a) As provided in section 32D.02, subdivision 4, the commissioner shall provide 44.23inspection service to any milk producer who wishes to market Grade A milk and is in
         44.24compliance with the requirement for the production of Grade A milk. Grade A inspections
         44.25shall be completed at least once every six months.44.26(b) The fee for inspections must be no more than $50 per farm, paid annually by the
         44.27processor or by the marketing organization on behalf of its patrons.44.28(c) For a farm requiring a reinspection in addition to the required biannual inspections,
         44.29an additional fee must be paid by the processor or by the marketing organization on
         behalf 44.30of its patrons. The fee for reinspection of a farm with fewer than 100 hoofed milk-producing
         45.1animals is $60 per reinspection. The fee for reinspection of a farm with 100 or more
         hoofed 45.2milk-producing animals is $150 per reinspection.45.3    Sec. 8. [32D.07] MANUFACTURING GRADE DAIRY FARM CERTIFICATION.45.4A producer who wishes to sell milk for manufacturing purposes must obtain from the
         45.5commissioner an annual Grade B farm certification.45.6    Sec. 9. [32D.08] MANUFACTURING GRADE DAIRY FARM INSPECTION; FEES.45.7(a) A producer selling milk for manufacturing purposes must be inspected at least
         once 45.8every 12 months.45.9(b) The fee for the certification inspection must not be more than $25 per producer,
         to 45.10be paid annually by the processor or the marketing organization on behalf of its patrons.45.11(c) For a producer requiring more than one inspection for certification, a reinspection
         45.12fee of $45 must be paid by the processor or by the marketing organization on behalf
         of its 45.13patrons.45.14    Sec. 10. [32D.09] DAIRY PLANT LICENSING AND PERMITTING.45.15    Subdivision 1.Licensing.A dairy plant must obtain a license as required under section 45.1628A.04.45.17    Subd. 2.Permitting.No person shall operate a dairy plant in this state unless the dairy 45.18plant, equipment, and water supply and plumbing system have been first approved by
         the 45.19commissioner and a permit issued to operate the same. A permit may be revoked by the
         45.20commissioner for due cause pursuant to section 34A.06.45.21    Subd. 3.Approval.At the time of filing the application for a permit, the applicant shall 45.22submit to the commissioner duplicate floor plans of the plant that show the placement
         of 45.23equipment, the source of water supply and method of distribution, a detailed pasteurization
         45.24flow chart, and the location of the plumbing system, including the disposal of wastes.
         New 45.25construction or alteration of an existing dairy plant shall be made only with the
         approval of 45.26the commissioner and duplicate plans for the construction or alteration shall be submitted
         45.27to the commissioner for approval. The fee for approval services is $45 per hour of
         department 45.28staff time spent in the approval process.45.29    Subd. 4.Farmstead cheese.(a) The commissioner or the commissioner's designee shall 45.30issue an additional permit to a dairy plant that desires to use the name "Minnesota
         farmstead 46.1cheese" upon application made by the dairy plant for use of the name, provided the
         cheese 46.2meets the definition in section 32D.01, subdivision 13.46.3(b) No cheese or packaged cheese that is sold, offered or exposed for sale, or held
         in 46.4possession with intent to sell at either retail or wholesale in this state may be
         labeled or 46.5described as "Minnesota farmstead cheese" unless it meets the criteria in section
         32D.01, 46.6subdivision 13, and the manufacturer has obtained the designated permit.46.7    Sec. 11. [32D.10] INSPECTIONS.46.8(a) Inspections of Grade A plants must be completed at least once every three months.
         46.9A pasteurization plant requesting Grade A inspection must pay an annual inspection
         fee of 46.10no more than $500.46.11(b) Inspections of manufacturing plants that process milk or milk products other than
         46.12Grade A must be completed at least once every six months. A manufacturing plant that
         46.13pasteurizes milk or milk by-products must pay an annual fee based on the number of
         46.14pasteurization units. The fee must not exceed $140 per unit.46.15    Sec. 12. [32D.11] PROCUREMENT FEE.46.16A dairy plant operator in this state must pay to the commissioner on or before the
         18th 46.17of each month a fee of 1.1 cents per hundredweight of milk purchased the previous
         month. 46.18If a milk producer in this state ships milk out of the state for sale, the producer
         must pay 46.19the fee to the commissioner unless the purchaser voluntarily pays the fee. Producers
         who 46.20ship milk out of state and processors must submit to the commissioner monthly reports
         46.21related to milk purchases along with the appropriate procurement fee. The commissioner
         46.22shall have access to all relevant purchase or sale records as necessary to verify
         compliance 46.23with this section and may require the producer or purchaser to produce records as
         necessary 46.24to determine compliance.46.25    Sec. 13. [32D.12] SELECTED PRODUCTS FEE.46.26(a) A manufacturer must pay to the commissioner a fee for fluid milk processed and
         46.27milk used in the manufacture of fluid milk products sold for retail sale in Minnesota
         in an 46.28amount not less than five cents and not more than nine cents per hundredweight as
         set by 46.29the commissioner's order. No change within any 12-month period may be in excess of
         one 46.30cent per hundredweight.46.31(b) A processor must report quantities of milk processed under paragraph (a) on forms
         46.32provided by the commissioner. Processor fees must be paid monthly. The commissioner
         47.1may require the production of records as necessary to determine compliance with this
         47.2paragraph.47.3(c) The commissioner may create within the department a dairy consulting program to
         47.4provide assistance to dairy producers who are experiencing problems meeting the sanitation
         47.5and quality requirements of the dairy laws and rules. The commissioner may use money
         47.6appropriated from the dairy services account to pay for the program authorized in
         this 47.7paragraph.47.8    Sec. 14. [32D.13] MILK QUALITY STANDARDS.47.9    Subdivision 1.Visible adulteration or odors.Milk shall not be visibly adulterated, or 47.10have any objectionable odor, or be abnormal in appearance or consistency.47.11    Subd. 2.Grade A raw milk.(a) The bacterial count of Grade A raw milk from producers 47.12must not exceed 100,000 bacteria per milliliter prior to commingling with other producer
         47.13milk.47.14(b) After commingling with other producer milk, the bacteria count must not exceed
         47.15300,000 per milliliter prior to pasteurization.47.16    Subd. 3.Grade A pasteurized milk and fluid milk products.(a) The bacterial count 47.17of Grade A pasteurized milk and fluid milk products, at any time after pasteurization
         until 47.18delivery, must not exceed 20,000 bacteria per milliliter.47.19(b) The coliform count of Grade A pasteurized milk and fluid milk products must not
         47.20exceed ten bacteria per milliliter except that bulk tank transport shipments must
         not exceed 47.21100 per milliliter.47.22    Subd. 4.Raw milk, other than Grade A.The bacterial count of raw milk from producers 47.23must not exceed 500,000 bacteria per milliliter prior to commingling with other producer
         47.24milk.47.25    Subd. 5.Pasteurized milk, other than Grade A.The bacterial count of pasteurized 47.26milk other than Grade A pasteurized milk, at any time after pasteurization until delivery,
         47.27must not exceed 20,000 bacteria per milliliter.47.28    Subd. 6.Exceptions.Bacterial count standards do not apply to sour cream, cultured 47.29buttermilk, and other cultured fluid milk products.47.30    Subd. 7.Rules and standards.The commissioner may prescribe standards and rules 47.31adopted in accordance with law more stringent than those imposed by this section.48.1    Subd. 8.Somatic cell count.(a) The somatic cell count, as determined by a direct 48.2microscopic somatic cell count or an electronic somatic cell count, must not exceed
         750,000 48.3cells per milliliter for Grade A raw milk and raw milk other than Grade A. Notwithstanding
         48.4any federal standard, the somatic cell count of goat milk must not exceed 1,500,000
         cells 48.5per milliliter.48.6(b) The commissioner may prescribe standards and rules adopted in accordance with
         48.7law more stringent than those imposed by this subdivision.48.8    Subd. 9.Temperature.If milk is received or collected from a dairy farm more than two 48.9hours after the most recent milking, the temperature of the milk shall not exceed
         45 degrees 48.10Fahrenheit (7 degrees Celsius). If the milk consists of a blend of milk from two or
         more 48.11milkings, and the milk is received or collected less than two hours after the most
         recent 48.12milking, the blend temperature shall not exceed 50 degrees Fahrenheit (10 degrees
         Celsius).48.13    Subd. 10.Industry enforcement.A dairy plant is not required to reject milk shipments 48.14in response to a violation of subdivisions 2 to 9 unless the commissioner suspends
         or revokes 48.15the dairy plant permit or milk producer's Grade A permit or manufacturing grade certification.48.16    Sec. 15. [32D.14] OFFICIAL PRODUCER SAMPLES.48.17(a) An official producer sample for each producer must be analyzed for bacteria, somatic
         48.18cell count, temperature, and antibiotic residues at least once per month in four out
         of every 48.19six months. Official producer samples must be collected and analyzed without providing
         48.20the producer with prior notification of the sampling date.48.21(b) Official producer sample results must be inclusive of all animals from which milk
         48.22is collected and sold on the day of sampling.48.23(c) Official producer sample results must be collected by a licensed sampler.48.24    Sec. 16. [32D.15] MONTHLY REPORTING.48.25(a) In at least four out of every six months, the dairy plant that procures milk from
         the 48.26producer must report to the commissioner at least one representative test result for
         bacteria, 48.27somatic cell count, temperature, and antibiotic residues. The result shall be reported
         within 48.28seven days after the laboratory obtains the test results.48.29(b) A laboratory that performs the tests required under this section for a dairy plant
         may 48.30report the test results for the dairy plant.49.1(c) A dairy plant or laboratory shall report test results under this section in an
         electronic 49.2form approved by the department or using an approved alternative.49.3    Sec. 17. [32D.16] ENFORCEMENT.49.4The commissioner shall suspend a producer's permit or certification if three of the
         last 49.5five official producer samples exceed the applicable standard. The commissioner shall
         49.6provide warning of a pending suspension when two of the last four producer samples
         exceed 49.7the applicable standard.49.8    Sec. 18. [32D.17] LABORATORY CERTIFICATION.49.9(a) A laboratory and its methods are required to be approved or certified prior to
         testing 49.10Grade A milk samples. The results of approved or certified laboratories may be used
         by 49.11official regulatory agencies in enforcement of requirements for milk and milk products.
         The 49.12approval or certification remains valid unless suspended or revoked by the commissioner
         49.13for failure to comply with the requirements of this chapter.49.14(b) Certified or approved laboratories must receive a permit from the commissioner.
         49.15The permit remains valid without renewal unless suspended or revoked by the commissioner
         49.16for failure to comply with the requirements of this chapter.49.17(c) Satisfactory analytical procedures and results for split samples, the nature,
         number, 49.18and frequency of which shall be in accordance with rules established by the commissioner,
         49.19shall be required of a certified laboratory for retention of its certification and
         permit.49.20(d) An application for initial certification or biennial recertification, or for recertification
         49.21following suspension or revocation of a permit, shall be accompanied by an annual
         fee 49.22based on the number of analyses approved and the number of specific tests for which
         they 49.23are approved. The fee must not be less than $150 nor more than $200 for each analysis
         49.24approved and not less than $35 nor more than $50 for each test approved. The commissioner
         49.25may annually adjust assessments within the limits established by this subdivision
         to meet 49.26the cost recovery of the services required by this section.49.27    Sec. 19. [32D.18] MILK BOUGHT BY WEIGHT; TESTING METHODS.49.28    Subdivision 1.Milk fat, protein, and solids not fat bases of payment; tests.(a) Milk 49.29must be purchased from producers using a formula based on one or more of the following:49.30(1) payment of a standard rate with uniform differentials for milk testing above or
         below 49.313.5 percent milk fat;50.1(2) payment of a standard rate for the pounds of milk fat contained in the milk;50.2(3) payment of a standard rate for the pounds of protein contained in the milk;50.3(4) payment of a standard rate for the pounds of nonfat solids contained in the milk;
         or50.4(5) payment of standard rates based on other attributes of value in the milk.50.5(b) In addition, an adjustment may be made on the basis of milk quality and other
         50.6premiums. Testing procedures for determining the percentages of milk fat, protein,
         and 50.7nonfat solids must comply with the methods approved by the Association of Analytical
         50.8Chemists or be as adopted by rule.50.9    Subd. 2.Apparatus to conform to specifications.Glassware, test bottles, pipettes, acid 50.10measures, chemicals, scales, and other apparatus used in the operation of these tests
         shall 50.11conform to the specifications for the particular test method.50.12    Subd. 3.Penalties for violations.A person who:50.13(1) employs any test other than those tests authorized by rule adopted by the 50.14commissioner, or any methods other than the standard official methods for determining
         the 50.15milk fat content of milk or cream;50.16(2) incorrectly samples milk or cream purchased or sold;50.17(3) incorrectly weighs milk or cream purchased or sold;50.18(4) incorrectly grades milk or cream purchased or sold;50.19(5) makes a false entry of the weight, test result, or grade of any milk or cream
         purchased 50.20or sold;50.21(6) incorrectly samples, weighs, tests, or records or reports weights or tests of
         skim milk 50.22or buttermilk purchased or sold;50.23(7) underreads the tests;50.24(8) falsifies the reading of the tests;50.25(9) manipulates the reading of the tests; or50.26(10) falsely states, certifies, or uses in the purchase or sale of milk or cream a
         misreading 50.27of such tests, whether the tests or actual reading have been made by the person or
         by any 50.28other person,50.29is guilty of a misdemeanor.51.1    Sec. 20. [32D.19] ADULTERATED DAIRY PRODUCTS.51.2    Subdivision 1.Purchase and sale prohibition.A person may not sell or knowingly 51.3buy adulterated dairy products.51.4    Subd. 2.Manufacture of food for human consumption from adulterated milk or 51.5cream prohibited.An article of food for human consumption may not be manufactured 51.6from adulterated milk or cream, except as provided in the Federal Food, Drug, and
         Cosmetic 51.7Act, United States Code, title 21, section 301 et seq., and related federal regulations.51.8    Subd. 3.Adulterated milk.For purposes of this section, milk is adulterated if it:51.9(1) is drawn in a filthy or unsanitary place;51.10(2) is drawn from unhealthy or diseased animals;51.11(3) contains water in excess of that normally found in milk;51.12(4) contains a substance that is not a normal constituent of the milk except as allowed
         51.13in this chapter; or51.14(5) contains drug residues or other chemical or biological substances in amounts above
         51.15the tolerances or safe levels established by rule.51.16    Subd. 4.Drug residues.(a) Before processing milk, all bulk milk pickup tankers must 51.17be tested for the presence of beta lactam drug residues and for other residues as
         determined 51.18necessary by the commissioner. Milk received from a producer in other than a bulk
         milk 51.19pickup tanker is also subject to this section.51.20(b) Bulk milk tankers that confirm positive for beta lactam drug residues or other
         residues 51.21must follow up with producer sample testing of all producers contained on the positive
         load.51.22(c) Individual producer samples must be tested for the presence of beta lactam drug
         51.23residues at least once a month for four out of every six-month period. Results of
         these tests 51.24must be reported to the commissioner as official producer sample results using established
         51.25electronic reporting procedures.51.26(d) Drug residue testing methods must be those approved by the Food and Drug 51.27Administration (FDA) and the National Conference of Interstate Milk Shipments or listed
         51.28in the FDA's current version of M-a-85.51.29(e) All drug residue samples testing positive must be reported to the commissioner
         or 51.30the commissioner's designee within 24 hours. The report must include how and where
         the 51.31milk was disposed of, and the volume, the responsible producer, and the possible cause
         of 51.32the violative residue. All milk sample residue results must be recorded and retained
         for six 52.1months by the receiving plant for examination by the commissioner or the commissioner's
         52.2designee.52.3    Subd. 5.Penalties.(a) The permit or certification of a milk producer identified as having 52.4a positive drug residue is immediately suspended. The producer must not ship milk
         while 52.5the permit or certification is suspended.52.6(b) The producer's permit or certification may be reinstated after being sampled by
         the 52.7commissioner or the commissioner's designee and testing negative on the sample.52.8(c) A milk producer may not change plants within 30 days, without permission of the
         52.9commissioner, after receiving notification from the commissioner of a residue violation.52.10(d) The producer that is identified with the drug residue violation is responsible
         for the 52.11value of all milk on any load that tests positive for drug residues and any costs
         associated 52.12with its disposal. Payment shall be made to the purchaser of the milk.52.13(e) For the first and second violation within a 12-month period, the dairy producer
         must, 52.14within 30 days of the date of the residue:52.15(1) meet with the dairy inspector to review potential causes of the adulteration;
         and52.16(2) complete the designated drug residue prevention educational program with a licensed
         52.17veterinarian and submit the signed certificate to the commissioner.52.18(f) Failure to comply with the requirements for the first and second violation listed
         in 52.19paragraph (e) may result in suspension of the producer's permit or certification until
         the 52.20conditions in paragraph (e) are met.52.21(g) For the third or subsequent violation within a 12-month period, the commissioner
         52.22may initiate proceedings for further enforcement action, that may include a penalty
         of up 52.23to a 30-day permit or certification suspension. In lieu of a suspension, the producer
         may be 52.24assessed an administrative penalty of up to $1,000 or the value of milk sold during
         the 52.25intended suspension period.52.26    Subd. 6.Other forms of adulteration.A milk producer who violates subdivision 3 is 52.27subject to any of the following penalties:52.28(1) the permit or certification of a milk producer identified as having adulterated
         milk 52.29is immediately suspended. The producer may not ship milk while the permit or certification
         52.30is suspended;53.1(2) the producer that is identified with the adulterated milk violation is responsible
         for 53.2the value of all milk on any load that is contaminated by the adulterant and any costs
         53.3associated with its disposal. Payment shall be made to the purchaser of the milk;53.4(3) the producer's permit or certification may be reinstated after the commissioner
         receives 53.5adequate verification that the milk is no longer adulterated; and53.6(4) the commissioner may, after evaluation of the severity and repetitive nature of
         the 53.7adulteration, initiate additional enforcement action in the form of permit or certification
         53.8suspension for up to 30 days or in lieu of suspension, an administrative penalty of
         up to 53.9$1,000, or the value of the milk sold during the intended suspension period for each
         violation.53.10    Subd. 7.Civil penalty.A person other than a milk producer who causes milk to be 53.11adulterated is subject to a civil penalty of up to $1,000.53.12    Subd. 8.Appeals.A dairy producer may appeal an adulteration violation by sending 53.13written notice to the commissioner within ten days of receipt of the notice of a violation.
         53.14The appeal must contain a description of why the producer wishes to appeal the violation.53.15    Sec. 21. [32D.20] LIMITATION ON SALE.53.16    Subdivision 1.Pasteurization.No milk or fluid milk products shall be sold, offered or 53.17exposed for sale, or held in possession for sale for the purpose of human consumption
         in 53.18fluid form in this state unless the milk or fluid milk product has been pasteurized
         and cooled, 53.19as defined in section 32D.01, subdivision 15, provided that this section shall not
         apply to 53.20milk, cream, or skim milk occasionally secured or purchased for personal use by a
         consumer 53.21at the place or farm where the milk is produced.53.22    Subd. 2.Labels.(a) Pasteurized milk or fluid milk products offered or exposed for sale 53.23or held in possession for sale shall be labeled or otherwise designated as pasteurized
         milk 53.24or pasteurized fluid milk products, and in the case of fluid milk products the label
         shall also 53.25state the name of the specific product.53.26(b) Milk and dairy products must be labeled with the plant number where the product
         53.27was produced, or if produced in a state where official plant numbers are not assigned,
         the 53.28name of the manufacturer and the address of the plant where it was manufactured.53.29    Sec. 22. [32D.21] COOLING AFTER PASTEURIZATION.53.30Immediately following pasteurization, all milk and fluid milk products shall be cooled
         53.31in properly operated equipment approved by the commissioner to a temperature of 45
         degrees 53.32Fahrenheit or lower, and maintained at 45 degrees Fahrenheit or lower until delivered;
         54.1provided, however, that if the milk or fluid milk product is to be cultured immediately
         after 54.2pasteurization, then cooling may be delayed until after the culturing process is completed;
         54.3provided further that the commissioner may prescribe by rule standards more stringent
         than 54.4those imposed by this section.54.5    Sec. 23. [32D.22] MANUFACTURE OF CHEESE; REQUIREMENTS IN PROCESS.54.6No person, firm, or corporation shall manufacture, transport, sell, offer, or expose
         for 54.7sale or have in possession with intent to sell at retail to a consumer any cheese
         that has not 54.8been (1) manufactured from milk or milk products that have been pasteurized; (2) subjected
         54.9to a heat treatment equivalent to pasteurization during the process of manufacturing
         or 54.10processing; or (3) subjected to an aging process where it has been kept for at least
         60 days 54.11after manufacture at a temperature no lower than 35 degrees Fahrenheit.54.12    Sec. 24. [32D.23] RECOMBINANT BOVINE GROWTH HORMONE LABELING.54.13    Subdivision 1.Labeling.Products offered for wholesale or retail sale in this state that 54.14contain milk, cream, or any product or by-product of milk or cream that have been
         processed 54.15and handled pursuant to this section may be labeled with an rBGH statement that is
         not 54.16false or misleading and in accordance with the federal labeling standards. Products
         offered 54.17for wholesale or retail sale in this state need not contain any further label information
         relative 54.18to the use of rBGH in milk production.54.19    Subd. 2.Affidavit; records.(a) A dairy plant purchasing milk or cream to be used in 54.20products labeled with rBGH claims pursuant to subdivision 1 must provide an affidavit
         54.21from each producer that states that all cows used in the producer's dairy operations
         have 54.22not and will not be treated with rBGH, without advanced written notice of at least
         30 days.54.23(b) The affidavit must be signed by the producer or authorized representative. Affidavits
         54.24must be kept on file for not less than two years after receiving written notice that
         rBGH use 54.25status will change.54.26(c) If a plant chooses to process and handle only milk or milk products sourced from
         54.27cows who have not been treated with rBGH, the plant, as an alternative to providing
         54.28individual producer affidavits, may provide one affidavit to certify that the plant
         has 54.29procedures in place to verify that all producers are not using rBGH. A copy of the
         written 54.30procedure that describes this verification process must also be provided with the
         plant 54.31affidavit.55.1(d) All affidavits and corresponding records must be available for inspection by the
         55.2commissioner.55.3(e) Dairy plants supplying milk or cream to a processor or manufacturer of a product
         to 55.4be labeled pursuant to subdivision 1, for use in that product, shall supply a certification
         to 55.5that processor or manufacturer stating that producers of the supplied milk or cream
         have 55.6executed and delivered affidavits pursuant to this subdivision.55.7    Subd. 3.Separation of nontreated cows and milk.Milk or cream from 55.8non-rBGH-treated cows used in manufacturing or processing of products labeled pursuant
         55.9to subdivision 1 must be kept fully separate from any other milk or cream through
         all stages 55.10of storage, transportation, and processing until the milk or resulting dairy products
         are in 55.11final packaged form in a properly labeled container. Records of the separation must
         be kept 55.12by the dairy plant and product processor or manufacturer at all stages and made available
         55.13to the commissioner for inspection.55.14    Sec. 25. [32D.24] DAIRY TRADE PRACTICES; DEFINITIONS.55.15    Subdivision 1.Application.The definitions in this section apply to sections 32D.24 to 55.1632D.28.55.17    Subd. 2.Basic cost.(a) "Basic cost," for a processor, means the actual cost of the raw 55.18milk plus 75 percent of the actual processing and handling costs for a selected class
         I or 55.19class II dairy product.55.20(b) Basic cost, for a wholesaler, means the actual cost of the selected class I or
         class II 55.21dairy product purchased from the processor or another wholesaler.55.22(c) Basic cost, for a retailer, means the actual cost of the selected class I or class
         II dairy 55.23product purchased from a processor or wholesaler.55.24    Subd. 3.Bona fide charity."Bona fide charity" means a corporation, trust, fund, or 55.25foundation organized and operated exclusively for religious, charitable, scientific,
         literary, 55.26or educational purposes.55.27    Subd. 4.Processor."Processor" means a person engaged in manufacturing or processing 55.28selected class I or class II dairy products in the person's own plant for sale in
         Minnesota.55.29    Subd. 5.Producer."Producer" means a person who operates a dairy herd or herds in 55.30Minnesota producing milk or cream commercially and whose milk or cream is sold to,
         or 55.31received or handled by, a distributor or processor. Producer does not include an incorporated
         55.32or unincorporated association of producers.56.1    Subd. 6.Responsible person."Responsible person" means the business entity that 56.2makes payment to an individual Grade A or Grade B milk producer.56.3    Subd. 7.Selected class I dairy products."Selected class I dairy products" means milk 56.4for human consumption in fluid form and all other class I dairy products as defined
         by the 56.5Upper Midwest Milk Marketing Order, Code of Federal Regulations, title 7, part 1030.40,
         56.6or successor orders.56.7    Subd. 8.Selected class II dairy products."Selected class II dairy products" means 56.8milk for human consumption processed into fluid cream, eggnog, yogurt, and all other
         class 56.9II dairy products as defined by the Upper Midwest Milk Marketing Order, Code of Federal
         56.10Regulations, title 7, part 1030.40, or successor orders.56.11    Subd. 9.Sell at retail; sale at retail; retail sales."Sell at retail," "sale at retail," or 56.12"retail sales" means a retail sale or offer for retail sale of a selected class I
         or class II dairy 56.13product for ultimate consumption or use.56.14    Subd. 10.Sell at wholesale; sale at wholesale; wholesale sales."Sell at wholesale," 56.15"sale at wholesale," or "wholesale sales" means sale or offer for sale of a selected
         class I 56.16dairy product for purposes of resale or further processing or manufacturing but does
         not 56.17include a producer selling or delivering milk to a processor.56.18    Subd. 11.Wholesaler."Wholesaler" means a person including a distributor in the 56.19business of making sales of selected class I or class II dairy products at wholesale
         in 56.20Minnesota. In the case of a person making sales at both retail and wholesale, wholesaler
         56.21applies only to the sales at wholesale.56.22    Sec. 26. [32D.25] DUTIES AND POWERS OF COMMISSIONER; DATA PRIVACY.56.23    Subdivision 1.Duties; rules.The commissioner shall adopt rules to implement and 56.24administer sections 32D.24 to 32D.28.56.25    Subd. 2.Data privacy.Financial and production information received by the 56.26commissioner on processors, wholesalers, or retailers, including but not limited to
         financial 56.27statements, fee reports, price schedules, cost documentation, books, papers, records,
         or other 56.28documentation for the purpose of administration and enforcement of this chapter is
         classified 56.29private data or nonpublic data pursuant to chapter 13. The classification shall not
         limit the 56.30use of the information in the preparation, institution, or conduct of a legal proceeding
         by 56.31the commissioner in enforcing this chapter.57.1    Sec. 27. [32D.26] SALES BELOW COST PROHIBITED; EXCEPTIONS.57.2    Subdivision 1.Policy; processors; wholesalers; retailers.(a) It is the intent of the 57.3legislature to accomplish partial deregulation of milk marketing with a minimum negative
         57.4impact on small-volume retailers.57.5(b) A processor or wholesaler may not sell or offer for sale selected class I or class
         II 57.6dairy products at a price lower than the processor's or wholesaler's basic cost.57.7(c) A retailer may not sell or offer for sale selected class I or class II dairy products
         at 57.8a retail price lower than (1) 105 percent of the retailer's basic cost until June
         30, 1994; and 57.9(2) the retailer's basic cost beginning July 1, 1994, and thereafter. A retailer may
         not use 57.10any method or device in the sale or offer for sale of a selected dairy product that
         results in 57.11a violation of this section.57.12    Subd. 2.Exceptions.The minimum processor, wholesaler, and retailer prices of 57.13subdivision 1 do not apply:57.14(1) to a sale complying with section 325D.06;57.15(2) to a retailer giving away selected class I and class II dairy products for free
         if the 57.16customer is not required to make a purchase; or57.17(3) to a processor, wholesaler, or retailer giving away selected class I and class
         II dairy 57.18products for free or at a reduced cost to a bona fide charity.57.19    Sec. 28. [32D.27] REDRESS FOR INJURY OR THREATENED INJURY.57.20A person injured by a violation of sections 32D.24 to 32D.28 may commence a legal
         57.21action based on the violation in a court of competent jurisdiction and may recover
         economic 57.22damages and the costs of the action, including reasonable attorney fees. A person
         injured 57.23or who is threatened with injury or loss by reason of violation of sections 32D.24
         to 32D.28 57.24may commence a legal action based on the violation and obtain injunctive relief in
         a court 57.25of competent jurisdiction against persons involved in a violation or threatened violation
         of 57.26sections 32D.24 to 32D.28 to prevent and restrain violations or threatened violations
         of 57.27sections 32D.24 to 32D.28 without alleging or proving actual damages or that an adequate
         57.28remedy at law does not exist, so that injunctive relief can be obtained promptly and
         without 57.29awaiting evidence of injury or actual damage. The injunctive relief does not abridge
         and is 57.30not in lieu of any other civil remedy provided in sections 32D.24 to 32D.28.58.1    Sec. 29. [32D.28] ANNUAL SUSPENSION OF DAIRY TRADE PRACTICES ACT.58.2The provisions of section 32D.26 are suspended during the month of June each year
         in 58.3honor of "Dairy Month."58.4    Sec. 30. REPEALER.58.5Minnesota Statutes 2016, sections 32.01, subdivisions 1, 2, 6, 8, 9, 10, 11, and 12;
         32.021; 58.632.071; 32.072; 32.073; 32.074; 32.075; 32.076; 32.078; 32.10; 32.102; 32.103; 32.105;
         58.732.106; 32.21; 32.212; 32.22; 32.25; 32.391, subdivisions 1, 1d, 1e, 1f, 1g, 2, and
         3; 32.392; 58.832.393; 32.394, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 8a, 8b, 8c, 8d, 8e, 9, 11, and
         12; 32.395; 58.932.397; 32.398, subdivision 1; 32.401, subdivisions 1, 2, 3, and 5; 32.415; 32.416;
         32.475; 58.1032.481, subdivision 1; 32.482; 32.483; 32.484; 32.486; 32.55, subdivisions 1, 2, 3,
         4, 5, 12, 58.1113, and 14; 32.555; 32.56; 32.61; 32.62; 32.63; 32.64; 32.645; 32.70; 32.71; 32.72;
         32.74; 58.1232.745; 32.75; and 32.90, are repealed.