SF 2611

Introduction - 94th Legislature (2025 - 2026)

Posted on 06/02/2025 04:01 p.m.

A bill for an act
relating to agriculture; modifying livestock market agency and dealer licensing
provisions; modifying farmers' market or community event food sampling and
demonstration provisions; modifying food certificate payment provisions; repealing
obsolete provisions; amending Minnesota Statutes 2024, sections 17A.03,
subdivisions 8, 10, 11, by adding a subdivision; 17A.04, subdivisions 1, 2, 4, 6,
7, 8; 17A.06, subdivisions 2, 3; 17A.07; 17A.08; 28A.081, subdivision 1; 28A.151,
subdivision 2; 31B.03; 34A.04, subdivision 1; repealing Minnesota Statutes 2024,
sections 35.68; 35.830.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 17A.03, subdivision 8, is amended to read:

Subd. 8.

new text begin Livestock dealer new text end agent.

" new text begin Livestock dealer new text end agent" means any individual who
is engaged by a livestock dealer to act as the dealer's representative.

Sec. 2.

Minnesota Statutes 2024, section 17A.03, subdivision 10, is amended to read:

Subd. 10.

new text begin Meat new text end packing deleted text begin plants deleted text end new text begin companies, packers, new text end and slaughtering houses.

" new text begin Meat
new text end packing deleted text begin plants deleted text end new text begin companies, new text end " new text begin "packers," new text end and "slaughtering houses" means places of business
deleted text begin where livestock purchased or acquired is slaughtered deleted text end new text begin that have the meaning of "packers"
as defined in section 31B.02, subdivision 8 new text end .

Sec. 3.

Minnesota Statutes 2024, section 17A.03, subdivision 11, is amended to read:

Subd. 11.

Buying station.

"Buying station" means any stockyard or concentration point,
other than a public stockyard, at which livestock is bought and sold or assembled for shipment
to a new text begin meat new text end packing deleted text begin plant deleted text end new text begin company new text end or a public stockyard, or graded or weighed for the purpose
of establishing a basis for sale or reshipment.

Sec. 4.

Minnesota Statutes 2024, section 17A.03, is amended by adding a subdivision to
read:

new text begin Subd. 16. new text end

new text begin Meat packing company agent. new text end

new text begin "Meat packing company agent" means an
individual who is engaged by a meat packing company to act as the company's representative.
new text end

Sec. 5.

Minnesota Statutes 2024, section 17A.04, subdivision 1, is amended to read:

Subdivision 1.

Licensing provisions.

Licenses shall be issued to livestock market
agencies and public stockyards annually and shall expire on December 31 each year,
renewable annually thereafter. A separate license must be obtained for each separate
geographical location even though operated under the same management or same person,
partnership, firm, corporation, or livestock market. The license issued to a livestock market
agency and public stockyard shall be conspicuously posted at the licensee's place of business.
Licenses shall be required for livestock dealers and their agents new text begin and meat packing companies
and their agents new text end for the period beginning July 1 each year and ending June 30. new text begin A license
issued under this subdivision is renewable annually thereafter. new text end The license issued to a
livestock dealer or the agent of a livestock dealer new text begin , a meat packing company, or the agent of
a meat packing company new text end shall be carried by the person deleted text begin so deleted text end new text begin who is new text end licensed. deleted text begin The deleted text end new text begin A new text end livestock
dealer new text begin or meat packing company new text end shall be responsible for the acts of the dealer's agents.
Licensed livestock market agencies, public stockyards, and livestock dealers shall be
responsible for the faithful performance of duty of the public livestock weighers at their
places of business. The license issued to a livestock market agency, public stockyard new text begin , meat
packing company or agent of a meat packing company, new text end or livestock dealer or agent of a
livestock dealer is not transferable. The operation of livestock market agencies, livestock
dealers, agents new text begin , new text end and deleted text begin packers deleted text end new text begin meat packing companies new text end at a public stockyard are exempt from
sections 17A.01 to 17A.09 and 17A.12 to 17A.17.

Sec. 6.

Minnesota Statutes 2024, section 17A.04, subdivision 2, is amended to read:

Subd. 2.

Application.

Any person desiring to carry on the business of a livestock market
agency or livestock dealer, or both, or a public stockyard new text begin , livestock dealer agent, a meat
packing company, or meat packing company agent new text end shall make application to the
commissioner on a form or forms provided by the commissioner.

Sec. 7.

Minnesota Statutes 2024, section 17A.04, subdivision 4, is amended to read:

Subd. 4.

Surety bonds required.

Each livestock market agency and livestock dealer
applying for a license deleted text begin under Laws 1974, chapter 347 deleted text end shall file with the commissioner a
valid and effective bond issued by a surety company licensed to do business in this state,
or meeting the requirements of section 17A.05, in the form and amount set forth in section
17A.05. No bond shall be required of a public stockyard or any agent of a bonded livestock
dealer. The commissioner may at any time raise or lower bond requirements if it appears
that a modification of such bond requirements is justified and will protect the public. The
bonds of livestock market agencies and dealers whose residence or principal place of business
is within the state of Minnesota shall name the commissioner as the trustee. deleted text begin Any deleted text end new text begin A new text end license
deleted text begin issued under Laws 1974, chapter 347 deleted text end shall automatically become void upon the termination
of the surety bond covering the licensed operations.

Sec. 8.

Minnesota Statutes 2024, section 17A.04, subdivision 6, is amended to read:

Subd. 6.

Refusal to license.

The commissioner shall refuse to issue new text begin or renew new text end a livestock
market agency new text begin , meat packing company, new text end or livestock dealer license if the applicant has not
filed a surety bond in the form and amount required under this section and section 17A.05;
the commissioner may refuse to issue new text begin or renew new text end a license if the applicant (1) has not
satisfactorily demonstrated by a current balance sheet and financial statement that the
applicant's assets exceed liabilities; (2) has been found by the department to have failed to
pay, without reasonable cause, obligations incurred in connection with livestock transactions;
(3) has failed to maintain and operate livestock or monorail scales in a manner to ensure
accurate and correct weights; or (4) has failed to comply with other statutes, rules, or
regulations enforced by the commissioner, the Board of Animal Health, the Division of
Weights and Measures of the Department of Commerce, or the federal Packers and
Stockyards Administration.

Sec. 9.

Minnesota Statutes 2024, section 17A.04, subdivision 7, is amended to read:

Subd. 7.

Revocation of license.

Whenever the commissioner finds that any livestock
market agency new text begin , meat packing company, new text end or livestock dealer has violated the provisions of
this chapter, or has failed to comply with other laws, rules, or regulations enforced by the
Board of Animal Health, the Division of Weights and Measures of the Department of
Commerce, or the federal Packers and Stockyards Administration, the commissioner may,
by order, pursuant to the provisions of chapter 14, and this subdivision, revoke the license
of the offender. deleted text begin Before any such license shall be revoked, the licensee shall be furnished
with a statement of the complaints made against the licensee, and a hearing shall be had
before the commissioner upon at least ten days' notice to the licensee to determine whether
such license shall be revoked, which notice may be served either by certified mail addressed
to the address of the licensee as shown in the license application or in the manner provided
by law for the service of a summons. At the time and place fixed for hearing, the
commissioner or any official, employee or agent of the department authorized by the
commissioner, shall receive evidence, administer oaths, examine witnesses, hear the
testimony and thereafter file an order either dismissing the proceedings or revoking the
license.
deleted text end

Sec. 10.

Minnesota Statutes 2024, section 17A.04, subdivision 8, is amended to read:

Subd. 8.

Suspension of license.

Whenever the commissioner finds that the licensee has
violated provisions of this chapter, or has failed to comply with other laws, rules, or
regulations enforced by the Board of Animal Health, the Division of Weights and Measures
of the Department of Commerce, or the federal Packers and Stockyards Administration,
and that the continued activity of a licensee may cause irreparable injury or loss to persons
engaged in business with the licensee, the commissioner may, without hearing, suspend the
license of the licensee, provided that when a license is so suspended, the commissioner shall
immediately initiate procedures to afford the licensee a hearing pursuant to subdivision 7
deleted text begin except that the ten days' notice required in subdivision 7 may be waived by the licensee deleted text end .

Sec. 11.

Minnesota Statutes 2024, section 17A.06, subdivision 2, is amended to read:

Subd. 2.

Hearing on claims.

In case of default by the licensee, the commissioner shall
have the power to have the matter heard as a contested case pursuant to procedures outlined
in chapter 14. deleted text begin No hearing shall be required if all affected parties to a bond claim proceeding
waive their right to a hearing and agree to accept the commissioner's determination as to
the validity of the claim and the allocation of the proceeds of the bond. deleted text end new text begin The commissioner
must first determine whether a claim is valid. If the commissioner determines that a claim
is valid, the commissioner must notify the licensee of the determination and that the licensee
has 15 days to either pay the claim or appeal the determination. If the licensee does not
respond within 15 days, the determination must be considered a final order by the
commissioner. If the commissioner determines that a claim is not valid, the commissioner
must notify the claimant of the determination and that the claimant has 15 days to appeal
the determination. If the claimant does not respond within 15 days, the determination must
be considered a final order by the commissioner.
new text end

Sec. 12.

Minnesota Statutes 2024, section 17A.06, subdivision 3, is amended to read:

Subd. 3.

Public notice.

deleted text begin Prior to a hearing deleted text end new text begin After the commissioner determines that a
claim is valid new text end , the commissioner shall publish a notice setting forth the default of the licensee
and requiring all claimants to file proof of claim with the commissioner within 45 days of
the date such notice is published or be barred from participating in the proceeds of the bond.
Such publication shall be made in a newspaper published in the county in which the licensee's
principal place of business is located. The commissioner shall also fulfill any notice
requirements prescribed by chapter 14 and rules of the Office of Administrative Hearings.
No claim shall be allowed unless it is filed with the commissioner within one year of the
date of the transaction. If a livestock market agency new text begin , meat packing company, new text end or livestock
dealer has on file a Packers and Stockyards Act bond and is registered with the Packers and
Stockyards Administration, the terms of the bond or that federal agency's regulations will
control.

Sec. 13.

Minnesota Statutes 2024, section 17A.07, is amended to read:

17A.07 PROHIBITED CONDUCT.

It shall be unlawful for any person to (1) carry on the business of a livestock market
agency, livestock dealer, new text begin livestock dealer agent, meat packing company, meat packing
company agent, new text end or public stockyard without a valid and effective license issued by the
commissioner under the provisions of section 17A.04; (2) carry on the business of a livestock
market agency new text begin , meat packing company, new text end or livestock dealer without filing and maintaining
a valid and effective surety bond in conformity with sections 17A.04 and 17A.05; (3) carry
on the business of a livestock market agency new text begin , meat packing company, new text end or livestock dealer
if the person cannot pay debts as they become due or ceases to pay debts in the ordinary
course of business as they become due; (4) use or allow to be used any livestock scale or
monorail scale which has not been certified and approved for official use or has been found
to be inaccurate; (5) fail to maintain and operate livestock or monorail scales in a manner
to ensure accurate and correct weights; (6) weigh livestock or carcasses at other than true
and correct weights or issue accounts and records on the basis of inaccurate or incorrect
weights; (7) engage in or use any unfair or deceptive practice or device in connection with
marketing of livestock; (8) willfully make or cause to be made any false entry or statement
of fact in any application, financial statement or report filed with the department under this
chapter.

Sec. 14.

Minnesota Statutes 2024, section 17A.08, is amended to read:

17A.08 RECORD KEEPING.

Every person shall make and retain such accounts, records, and memoranda necessary
to fully and correctly disclose all transactions involved in the person's business, including
the true ownership of such business by stockholding or otherwise. Whenever the
commissioner finds that the accounts, records, and memoranda of any such person do not
fully and correctly disclose all transactions involved in the person's business, the
commissioner may deleted text begin prescribe deleted text end new text begin take enforcement actions in addition to prescribing new text end the manner
or form and length of time for retention which such accounts, records, and memoranda shall
be kept. The commissioner shall at all reasonable times have access to, for the purpose of
examination, and the right to copy any documentary evidence of any person being
investigated or proceeded against.

Sec. 15.

Minnesota Statutes 2024, section 28A.081, subdivision 1, is amended to read:

Subdivision 1.

Fee.

A fee of $125 for each certificate shall be charged to any person
who requests a certificate issued by the Minnesota Department of Agriculture to facilitate
the movement of Minnesota processed and manufactured foods destined for export from
the state of Minnesota. Certificates include, but are not limited to, a certificate of free sale,
certificate of export, certificate of sanitation, sanitary certificate, certificate of origin and/or
free sale, certificate of health and/or free sale, sanitation, and purity, certificate of free trade,
certificate of free sale, sanitation, purity, and origin, certificate of health, sanitation, purity,
and free sale, and letter of plant certification.

The commissioner deleted text begin shall deleted text end new text begin must receive payment with the request or new text end bill the requesting
person within seven days after issuing a certificate to the person. The requesting person
must submit payment for a certificate new text begin at the time of receiving the request or new text end within ten days
of the billing date. If a certificate fee payment is not received within 15 days of the billing
date, the commissioner may not issue any future certificates to the requesting person until
previous fees due are paid in full. Fees paid under this section must be deposited in the food
certificate account established under subdivision 2 or another account in the agricultural
fund if the expenses for the certificate will be paid from that other account.

Sec. 16.

Minnesota Statutes 2024, section 28A.151, subdivision 2, is amended to read:

Subd. 2.

Food sampling and demonstration.

(a) Food used in sampling and
demonstration must be obtained from sources that comply with Minnesota Food Law.

(b) Raw animal, raw poultry, and raw fish products must not be served as samples.

(c) Food product sampling or food product demonstrations deleted text begin , including deleted text end new text begin that contain new text end cooked
animal, poultry, or fish products deleted text begin , deleted text end must be prepared on site at the event.

(d) Animal or poultry products used for food product sampling or food product
demonstrations must deleted text begin be deleted text end new text begin originate new text end from animals slaughtered under continuous inspection,
either by the USDA or through Minnesota's "Equal-to" inspection program.

(e) The licensing provisions of sections 28A.01 to 28A.16 shall not apply to persons
engaged in food product sampling or food product demonstrations.

Sec. 17.

Minnesota Statutes 2024, section 31B.03, is amended to read:

31B.03 REPORTING REQUIREMENTS.

A packer, stockyard owner, market agency, and dealer and grain and feed businesses
with livestock contracts shall file annually with the commissioner a copy of the annual
report form of the federal packers and stockyards regulations filed with the federal packers
and stockyards administration and any additional information that may be required on a
form prescribed by the commissioner. The report and any additional information must be
filed with the commissioner not later than April 15 following the end of the calendar year
or, if the records are kept on a fiscal year basis, not later than 90 days after the close of the
fiscal year.

The commissioner deleted text begin shall deleted text end new text begin may new text end require: (1) a packer to annually complete a form showing
the maximum capacity of each of the packer's packing plants; and (2) a copy of each contract
a packer has entered into with a livestock producer and each agreement that will become
part of the contract that a packer has with a livestock producer for the purchase or contracting
of livestock.

Sec. 18.

Minnesota Statutes 2024, section 34A.04, subdivision 1, is amended to read:

Subdivision 1.

Enforcement required.

(a) The commissioner shall enforce this chapter
and chapters new text begin 17A, new text end 28, 28A, 29, 30, 31, 31A, 32D, and 34. To carry out the enforcement
duties under these chapters, the commissioner may, upon presenting appropriate credentials,
during regular working hours and at other reasonable times, inspect premises subject to the
commissioner's enforcement and licensing authority; require information from persons with
information relevant to an inspection; and inspect and copy relevant papers and records,
including business records.

(b) The commissioner may administer oaths, take and cause to be taken depositions of
witnesses, and issue subpoenas, and may petition the district court in the county in which
the premises is located to compel compliance with subpoenas or to permit an inspection.

(c) Violations of chapters new text begin 17A, new text end 28, 28A, 29, 30, 31, 31A, 32D, and 34, or rules adopted
under chapters new text begin 17A, new text end 28, 28A, 29, 30, 31, 31A, 32D, and 34, are a violation of this chapter.

(d) Upon the request of the commissioner, county attorneys, sheriffs, and other officers
having authority in the enforcement of the general criminal laws shall take action to the
extent of their authority necessary or proper for the enforcement of this chapter or standards,
stipulations, and agreements of the commissioner.

Sec. 19. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 35.68; and 35.830, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 25-03755

35.68 RABIES PROCLAMATION.

If a community health board as defined in section 145A.02, subdivision 5, investigates and finds that rabies does exist in a town or city the community health board shall make and file a proclamation of the investigation and determination which prohibits the owner or custodian of any dog from allowing the dog to be at large within the town or city unless the dog is effectively muzzled so that it cannot bite any other animal or person.

If the executive director of the Board of Animal Health, after investigation, has determined that rabies exists in any territory in the state, similar proclamations must be issued in all towns and cities within the territory or area in which it is necessary to control the outbreak and prevent the spread of the disease. The proclamation must prohibit the owner or custodian of any dog within the designated territory from permitting or allowing the dog to be at large within the territory unless the dog is effectively muzzled so that it cannot bite any other animal or person.

All local peace officers and community health boards shall enforce sections 35.67 to 35.69.

A proclamation issued by the community health board must be filed with the clerk of the political subdivision responsible for the community health board. One issued by the executive director of the Board of Animal Health must be filed with the clerk of each town and city within the territory it covers.

Each officer with whom the proclamation is filed shall publish a copy of it in one issue of a legal newspaper published in the clerk's town or city if one is published there. If no newspaper is published there, the clerk must post a copy of the proclamation in three public places. Publication is at the expense of the municipality.

Proof of publication must be by affidavit of the publisher and proof of posting must be by the person doing the posting. The affidavit must be filed with the proclamation. The proclamation is effective five days after the publication or posting and remains effective for the period of time not exceeding six months specified in it by the community health board making the proclamation.

35.830 SALE OF BRANDED LIVESTOCK; WRITTEN BILL OF SALE.

Persons selling animals marked or branded with their mark or brand recorded in a current state brand book or its supplement or registered with the board shall execute to the purchaser a written bill of sale bearing the signature and residence of the seller, the name and address of the purchaser, the total number of animals sold, a description of each animal sold as to sex and kind, and all registered brands. The bill of sale must be kept by the purchaser for two years and for as long afterwards as the purchaser owns any of the animals described in the bill of sale. A copy of the bill of sale must be given to each hauler of the animals, other than railroads, and must accompany the shipment of animals while in transit. The bill of sale or a copy must be shown by the possessor on demand to any peace officer or compliance representative of the board. The bill of sale is prima facie evidence of the sale of the animals described by the bill of sale.