HF 4885

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/09/2026 02:49 p.m.

A bill for an act
relating to agriculture; modifying prior appropriations; modifying agriculture
policy provisions; requiring reports; appropriating money; amending Minnesota
Statutes 2024, sections 17.458, subdivision 1; 18J.01; 18J.02; 18J.03; 18J.04,
subdivisions 1, 2, 3, 4; 18J.05, subdivisions 1, 2, 6; 18J.06; 18J.07, subdivisions
3, 4, 5; 18J.09; 18K.02, subdivisions 5, 6; 18K.04, subdivision 1; 21.111; 21.112,
by adding a subdivision; 21.113; 21.115; 21.117; 21.119; 21.1195; 21.891,
subdivision 2; 28A.0752; 32D.30, subdivision 5; 41A.19; 41B.048, subdivisions
2, 4, 5, by adding subdivisions; Minnesota Statutes 2025 Supplement, sections
17.1017, subdivision 9; 28A.04, subdivision 1; 28A.08, subdivision 3; Laws 2025,
chapter 34, article 1, section 2, subdivisions 2, 3, as amended, 4, as amended;
proposing coding for new law in Minnesota Statutes, chapter 21; repealing
Minnesota Statutes 2024, sections 18K.02, subdivision 7; 18K.03, subdivision 2;
28A.075.

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

ARTICLE 1

APPROPRIATIONS

Section 1.

Laws 2025, chapter 34, article 1, section 2, subdivision 2, is amended to read:

Subd. 2. Protection Services

Appropriations by Fund
General	20,828,000	deleted text begin 21,207,000 deleted text end new text begin 21,457,000 new text end
Remediation	399,000	399,000

(a) $399,000 the first year and $399,000 the
second year are from the remediation fund for
administrative funding of the voluntary
cleanup program.

(b) $639,000 the first year and $639,000 the
second year are for the soil health financial
assistance program under Minnesota Statutes,
section 17.134. The commissioner may award
no more than $50,000 of the appropriation
each year to a single recipient.
Notwithstanding Minnesota Statutes, section
16B.98, subdivision 14, the commissioner may
use up to 6.5 percent of this appropriation for
costs incurred to administer the program. Any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year. Appropriations encumbered
under contract on or before June 30, 2027, for
soil health financial assistance grants are
available until June 30, 2029.

(c) $275,000 the first year and $250,000 the
second year are for compensation for livestock
destroyed or crippled by a wolf under
Minnesota Statutes, section 3.737. The first
year appropriation may be spent to compensate
for livestock that were destroyed or crippled
during fiscal year 2025. If the amount in the
first year is insufficient, the amount in the
second year is available in the first year. The
commissioner may use up to $5,000 each year
to reimburse expenses incurred by university
extension educators to provide fair market
values of destroyed or crippled livestock. If
the commissioner receives federal money to
pay claims for destroyed or crippled livestock,
an equivalent amount of this appropriation
may be used to reimburse nonlethal prevention
methods performed by federal wildlife services
staff. The base for this appropriation is
$175,000 in fiscal year 2028 and each year
thereafter.

(d) $255,000 the first year and $230,000 the
second year are for compensation for crop or
fence damage caused by elk under Minnesota
Statutes, section 3.7371. If the amount in the
first year is insufficient, the amount in the
second year is available in the first year. The
commissioner may use up to $10,000 of the
appropriation each year to reimburse expenses
incurred by the commissioner or the
commissioner's approved agent to investigate
and resolve claims, as well as for costs
associated with training for approved agents.
The commissioner may use up to $40,000 of
the appropriation each year for grants to
producers for measures to protect stored crops
from elk damage. If the commissioner
determines that claims made under Minnesota
Statutes, section 3.737 or 3.7371, are
unusually high, amounts appropriated for
either program may be transferred to the
appropriation for the other program. The base
for this appropriation is $155,000 in fiscal year
2028 and each year thereafter.

(e) $825,000 the first year and $825,000 the
second year are to replace capital equipment
in the Department of Agriculture's analytical
laboratory.

(f) $750,000 the first year and $750,000 the
second year are for additional meat and poultry
inspection services. The commissioner is
encouraged to seek inspection waivers, match
federal money, and offer more online
inspections for the purposes of this paragraph.
This is a onetime appropriation.

(g) $500,000 the first year and $500,000 the
second year are for grants to counties to
support county agricultural inspectors. The
commissioner may use up to three percent of
the appropriation each year for administration.
This is a onetime appropriation. County
agricultural inspectors and county-designated
employees must annually submit an
application, on a form approved by the
commissioner, to be eligible for funding
during a given year. The commissioner must
equally divide available grant money among
eligible counties. To be eligible for grants
under this section, a county must employ a
county agricultural inspector or a
county-designated employee who:

(1) has attended training for new county
agricultural inspectors offered by the
commissioner;

(2) coordinates with the commissioner to
review applicable laws and enforcement
procedures;

(3) compiles and submits to the commissioner
local weed inspector annual report data;

(4) conducts an annual meeting and training
for local weed inspectors; and

(5) assists the commissioner with control
programs and other agricultural programs
when requested under Minnesota Statutes,
section 18.81, subdivision 1b, as directed by
the county board.

(h) $250,000 the first year and $250,000 the
second year are appropriated to establish and
administer the biofertilizer innovation and
efficiency program deleted text begin under Minnesota Statutes,
section 18C.113 deleted text end . The commissioner may use
up to 6.5 percent of this appropriation for costs
incurred to administer the program.
Notwithstanding Minnesota Statutes, section
16A.28, any unencumbered balance at the end
of fiscal year 2026 does not cancel and is
available until June 30, 2027. This is a onetime
appropriation.

deleted text begin (j) deleted text end new text begin (i) new text end $75,000 the first year is to conduct an
evaluation of the practice performance and
economic performance of the Olmsted County
groundwater protection and soil health
initiative, including the cover crop program,
alternative crops program, and haying,
grazing, and pasture enhancement program.
The evaluation must look at environmental
outcomes, include a cost-benefit analysis, and
be submitted to the chairs and ranking
minority members of the legislative
committees and divisions with jurisdiction
over agriculture policy and finance by June 1,
2027. The commissioner may contract with
an independent third party to conduct the
evaluation.

deleted text begin (k) deleted text end new text begin (j) new text end $420,000 the first year and $924,000
the second year are to support current services.

Sec. 2.

Laws 2025, chapter 34, article 1, section 2, subdivision 3, as amended by Laws
2025, First Special Session chapter 11, section 11, is amended to read:

Subd. 3. Agricultural Marketing and Development

23,551,000

deleted text begin 23,301,000 deleted text end new text begin 24,301,000 new text end

(a) $634,000 the first year and $634,000 the
second year are for the continuation of the
dairy development and profitability
enhancement program, including dairy
profitability teams and dairy business planning
grants under Minnesota Statutes, section
32D.30.

(b) The commissioner may use funds
appropriated in this subdivision for annual
cost-share payments to resident farmers or
entities that sell, process, or package
agricultural products in this state for the costs
of organic certification. The commissioner
may allocate these funds for assistance to
persons transitioning from conventional to
organic agriculture.

(c) $100,000 the first year and $100,000 the
second year are for mental health outreach and
support to farmers, ranchers, farm workers
and employees, and others in the agricultural
community and profession and for farm and
farm worker safety grant and outreach
programs under Minnesota Statutes, section
17.1195. Mental health outreach and support
may include a 24-hour hotline, stigma
reduction, and education. Notwithstanding
Minnesota Statutes, section 16A.28, any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year. The base for this appropriation
is $50,000 in fiscal year 2028 and each year
thereafter.

(d) $700,000 the first year and $700,000 the
second year are for the local food purchasing
assistance grant program under article 3,
section 35. Notwithstanding Minnesota
Statutes, section 16A.28, any unencumbered
balance does not cancel at the end of the first
year and is available in the second year.

new text begin (e) $1,000,000 the first year and $1,000,000
the second year are to expand the Emerging
Farmers Office and provide services to
beginning and emerging farmers to increase
connections between farmers and market
opportunities throughout the state. This
appropriation may be used for grants,
translation services, training programs, or
other purposes in line with the
recommendations of the emerging farmer
working group established under Minnesota
Statutes, section 17.055, subdivision 1.
new text end

deleted text begin (e) deleted text end new text begin (f) new text end $18,257,000 the first year and
$18,007,000 the second year are for the
agricultural growth, research, and innovation
program under Minnesota Statutes, section
41A.12. The base for this appropriation is
$17,449,000 in fiscal year 2028 and each year
thereafter.

deleted text begin (f) deleted text end new text begin (g) new text end Except as provided in paragraph deleted text begin (g) deleted text end new text begin (h) new text end ,
the commissioner may allocate the
appropriation in paragraph deleted text begin (e) deleted text end new text begin (f) new text end each year
among the following areas: facilitating the
startup, modernization, improvement, or
expansion of livestock operations, including
beginning and transitioning livestock
operations with preference given to robotic
dairy-milking equipment; assisting
value-added agricultural businesses to begin
or expand, to access new markets, or to
diversify, including aquaponics systems, with
preference given to hemp fiber processing
equipment; facilitating the startup,
modernization, or expansion of other
beginning and transitioning farms, including
by providing loans under Minnesota Statutes,
section 41B.056; sustainable agriculture
on-farm research and demonstration; the
development or expansion of food hubs and
other alternative community-based food
distribution systems; enhancing renewable
energy infrastructure and use; crop research,
including basic and applied turf seed research;
Farm Business Management tuition assistance;
supporting the commercialization of an
innovative material additive utilizing
agricultural coproducts or waste streams to
produce fiber-based barrier packaging to
reduce perfluoroalkyl and polyfluoroalkyl
substances (PFAS) and plastics in packaging
products; and good agricultural practices and
good handling practices certification
assistance. Notwithstanding Minnesota
Statutes, section 16B.98, subdivision 14, the
commissioner may use up to 7.5 percent of
the appropriation in paragraph deleted text begin (e) deleted text end new text begin (f) new text end for costs
incurred to administer the program.

deleted text begin (g) deleted text end new text begin (h) new text end Of the amount appropriated for the
agricultural growth, research, and innovation
program under Minnesota Statutes, section
41A.12:

(1) $1,000,000 the first year and $1,000,000
the second year are for distribution in equal
amounts to each of the state's county fairs to
preserve and promote Minnesota agriculture;

(2) $3,000,000 the first year and $3,000,000
the second year are for incentive payments
under Minnesota Statutes, sections 41A.16,
41A.17, 41A.18, and 41A.20. If this
appropriation exceeds the total amount for
which all producers are eligible in a fiscal
year, the balance of the appropriation is
available for other purposes under this
paragraph;

(3) $2,750,000 the first year and $2,750,000
the second year are for grants that enable retail
petroleum dispensers, fuel storage tanks, and
other equipment to dispense biofuels to the
public in accordance with the biofuel
replacement goals established under
Minnesota Statutes, section 239.7911. A retail
petroleum dispenser selling petroleum for use
in spark ignition engines for vehicle model
years after 2000 is eligible for grant money
under this clause if the retail petroleum
dispenser has no more than 20 retail petroleum
dispensing sites and each site is located in
Minnesota. The grant money must be used to
replace or upgrade equipment that does not
have the ability to be certified for E25. A grant
award must not exceed 65 percent of the cost
of the appropriate technology. A grant award
must not exceed $200,000 per station. The
commissioner must cooperate with biofuel
stakeholders in the implementation of the grant
program. The commissioner, in cooperation
with any economic or community development
financial institution and any other entity with
which the commissioner contracts, must
submit deleted text begin a deleted text end new text begin the new text end report deleted text begin on deleted text end new text begin under Minnesota
Statutes, section 41A.12, subdivision 3, that
includes metrics of new text end the biofuels infrastructure
financial assistance program deleted text begin by January 15 deleted text end
each year to the chairs and ranking minority
members of the legislative committees and
divisions with jurisdiction over agriculture
policy and finance. The annual report must
include but not be limited to a summary of the
following metrics: (i) the number and types
of projects financed; (ii) the amount of dollars
leveraged or matched per project; (iii) the
geographic distribution of financed projects;
(iv) any market expansion associated with
upgraded infrastructure; (v) the demographics
of the areas served; (vi) the costs of the
program; and (vii) the number of grants to
minority-owned or female-owned businesses;

(4) $350,000 the first year and $250,000 the
second year are for grants to facilitate the
startup, modernization, or expansion of meat,
poultry, egg, and milk processing facilities. A
grant award under this clause must not exceed
$200,000;

(5) $1,594,000 the first year and $1,544,000
the second year are for providing more fruits,
vegetables, meat, poultry, grain, and dairy for
children in school and early childhood
education settings, including, at the
commissioner's discretion, providing grants
to reimburse schools and early childhood
education and child care providers for
purchasing equipment and agricultural
products. Of the amount appropriated,
$150,000 each year is for a statewide
coordinator of farm-to-institution strategy and
programming. The coordinator must consult
with relevant stakeholders and provide
technical assistance and training for
participating farmers and eligible grant
recipients. The base for this appropriation is
$1,636,000 in fiscal year 2028 and each year
thereafter. At the commissioner's discretion,
for state administration of federal cooperative
agreements for purchasing Minnesota grown
and raised foods for schools, child care
providers, food banks, and other institutions,
the commissioner may use an amount of state
funds equal to no more than 7.5 percent of the
total federal funds awarded to the state. The
commissioner shall expend any available
federal administrative funds awarded for this
purpose before using state funds;

(6) up to $1,750,000 the first year and up to
$1,750,000 the second year are for grants to
facilitate the development of urban agriculture,
including projects related to youth education,
community and economic development,
value-added processing, and vocational
training;

(7) $1,000,000 the first year and $1,000,000
the second year are for the food retail
improvement and development program under
Minnesota Statutes, section 17.1017;

(8) up to $200,000 the first year and up to
$200,000 the second year are for cooperative
development grants under Minnesota Statutes,
section 17.1016;

(9) $250,000 the first year and $150,000 the
second year are for the protecting livestock
grant program for producers to support the
installation of measures to prevent the
transmission of avian influenza. For the
appropriation in this clause, a grant applicant
must document a cost-share of 20 percent. An
applicant's cost-share amount may be reduced
up to $2,000 to cover time and labor costs.
This is a onetime appropriation; and

(10) up to $525,000 the first year and up to
$525,000 the second year are to award AGRI
Works grants to institutions and organizations
to provide regional and statewide services.
Preference shall be given to legislatively
created entities and organizations that enhance
agricultural, horticultural, or rural community
and economic development, marketing, and
promotion, and research and education. A
grant award under this clause must not exceed
$200,000. Grants made under this paragraph
are subject to the requirements in Minnesota
Statutes, sections 16B.98 and 16B.981. This
is a onetime appropriation.

deleted text begin (h) deleted text end new text begin (i) new text end Notwithstanding Minnesota Statutes,
section 16A.28, the appropriation in paragraph
deleted text begin (e) deleted text end new text begin (f) new text end does not cancel at the end of the second
year and is available until June 30, 2029.
Appropriations encumbered under contract on
or before June 30, 2029, for agricultural
growth, research, and innovation grants are
available until June 30, 2032. At the end of
fiscal year 2027, the commissioner must
prioritize any money resulting from canceled
contracts to be used for AGRI Works grants
under paragraph deleted text begin (g) deleted text end new text begin (h) new text end , clause (10).

Sec. 3.

Laws 2025, chapter 34, article 1, section 2, subdivision 4, as amended by Laws
2025, First Special Session chapter 11, section 12, is amended to read:

Subd. 4. Administration and Financial Assistance

14,179,000

deleted text begin 11,145,000 deleted text end new text begin 9,895,000 new text end

(a) $474,000 the first year and $474,000 the
second year are for payments to county and
district agricultural societies and associations
under Minnesota Statutes, section 38.02,
subdivision 1. Aid payments to county and
district agricultural societies and associations
must be disbursed no later than July 15 each
year. These payments are the amount of aid
from the state for an annual fair held in the
previous calendar year.

(b) $300,000 the first year and $300,000 the
second year are for grants to the Minnesota
Agricultural Education and Leadership
Council for programs of the council under
Minnesota Statutes, chapter 41D. The base for
this appropriation is $250,000 in fiscal year
2028 and each year thereafter.

(c) $1,250,000 the first year and $1,250,000
the second year are to award and administer
farm down payment assistance grants under
Minnesota Statutes, section 17.133, with
priority given to eligible applicants with no
more than $100,000 in annual gross farm
product sales and eligible applicants who are
producers of industrial hemp, cannabis, or one
or more of the following specialty crops as
defined by the United States Department of
Agriculture for purposes of the specialty crop
block grant program: fruits and vegetables,
tree nuts, dried fruits, medicinal plants,
culinary herbs and spices, horticulture crops,
floriculture crops, and nursery crops.
Notwithstanding Minnesota Statutes, section
16A.28, any unencumbered balance at the end
of the first year does not cancel and is
available in the second year and appropriations
encumbered under contract by June 30, 2027,
are available until June 30, 2029. The base for
this appropriation is $1,000,000 in fiscal year
2028 and each year thereafter.

(d) $1,000,000 the first year and $1,000,000
the second year are for the purchase of milk
for distribution to Minnesota's food shelves
and other charitable organizations that are
eligible to receive food from the food banks.
Milk purchased with grant money must be
acquired from Minnesota milk processors and
based on low-cost bids. The milk must be
allocated to each Feeding America food bank
serving Minnesota according to the formula
used in the distribution of United States
Department of Agriculture commodities under
The Emergency Food Assistance Program.
The commissioner may enter into contracts or
agreements with food banks for shared funding
or reimbursement of the direct purchase of
milk. Each food bank that receives funding
under this paragraph may use up to two
percent for administrative expenses.
Notwithstanding Minnesota Statutes, section
16A.28, any unencumbered balance the first
year does not cancel and is available the
second year.

(e) $260,000 the first year and $260,000 the
second year are for a pass-through grant to
Region Five Development Commission to
provide, in collaboration with Farm Business
Management, statewide mental health
counseling support to Minnesota farm
operators, families, and employees, and
individuals who work with Minnesota farmers
in a professional capacity. Region Five
Development Commission may use up to 7.5
percent of the grant awarded under this
paragraph for administration.

deleted text begin (f) $1,000,000 the first year and $1,000,000
the second year are to expand the Emerging
Farmers Office and provide services to
beginning and emerging farmers to increase
connections between farmers and market
opportunities throughout the state. This
appropriation may be used for grants,
translation services, training programs, or
other purposes in line with the
recommendations of the emerging farmer
working group established under Minnesota
Statutes, section 17.055, subdivision 1.
deleted text end

deleted text begin (g) deleted text end new text begin (f) new text end $137,000 the first year and $203,000
the second year are to support current services.

deleted text begin (h) deleted text end new text begin (g) new text end $337,000 the first year and $337,000
the second year are for farm advocate services.
Of these amounts, $50,000 the first year and
$50,000 the second year are for the
continuation of the farmland transition
programs and may be used for grants to
farmland access teams to provide technical
assistance to potential beginning farmers.
Farmland access teams must assist existing
farmers and beginning farmers with
transitioning farm ownership and farm
operation. Services provided by teams may
include but are not limited to mediation
assistance, designing contracts, financial
planning, tax preparation, estate planning, and
housing assistance.

deleted text begin (i) deleted text end new text begin (h) new text end $3,000,000 the first year is for transfer
to the Public Facilities Authority for a grant
to First District Association to acquire land
for and to design, engineer, construct, equip,
and furnish a wastewater treatment project.
This appropriation is in addition to the
appropriation in Laws 2023, chapter 71, article
1, section 15, subdivision 7. This appropriation
is available until the project is completed or
abandoned, subject to Minnesota Statutes,
section 16A.642.

deleted text begin (k) deleted text end new text begin (i) new text end $50,000 the first year is to be awarded
as a grant in a competitive bid process to an
entity that is not a for-profit entity to conduct
a study of market and workforce factors that
may contribute to the incorrect marking for
the installation of underground
telecommunications infrastructure that is
located within ten feet of existing underground
utilities or that crosses the existing
underground utilities. The study must include
recommendations to the legislature and be
submitted to the chairs and ranking minority
members of the legislative committees and
divisions with jurisdiction over agriculture
policy and finance by June 1, 2027.

deleted text begin (r) deleted text end new text begin (j) new text end $50,000 the first year is to conduct a
study and develop recommendations for
establishing an incentive-based program to
support and encourage agricultural retailers
in promoting 4R nutrient management
practices. The 4R nutrient management
practices include: the right source of nutrients,
at the right rate and right time, in the right
place.

(1) As part of the study, the department must
evaluate strategies for leveraging cost-share
programs, including the feasibility of
coordinating with the Agricultural Water
Quality Certification Program and other efforts
related to the state's Nutrient Reduction
Strategy.

(2) The commissioner must submit a report
detailing its findings, including potential
funding sources and proposal outlines for
funding requests where appropriate. The
commissioner must submit the report to the
chairs and ranking minority members of the
legislative committees with jurisdiction over
agriculture and environment by March 15,
2026.

deleted text begin (s) deleted text end new text begin (k) new text end The commissioner shall continue to
increase connections with ethnic minority and
immigrant farmers to farming opportunities
and farming programs throughout the state.

ARTICLE 2

AGRICULTURE POLICY

Section 1.

Minnesota Statutes 2025 Supplement, section 17.1017, subdivision 9, is amended
to read:

Subd. 9.

Legislative report.

The commissioner, in cooperation with any economic or
community development financial institution and any other entity with which it contracts,
shall submit deleted text begin an annual deleted text end new text begin the new text end report deleted text begin on deleted text end new text begin under section 41A.12, subdivision 3, that includes
metrics of new text end the food retail improvement and development program deleted text begin by January 15 of deleted text end each
year to the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over agriculture policy and finance. The deleted text begin annual deleted text end
report shall include deleted text begin , but not be limited to, deleted text end a summary of the following metrics:

(1) the number and types of projects financed;

(2) the amount of dollars leveraged or matched per project;

(3) the geographic distribution of financed projects;

(4) the number and types of technical assistance recipients;

(5) the demographics of the areas served;

(6) the costs of the program;

(7) the number of SNAP dollars spent;

(8) any increase in retail square footage;

(9) the number of loans or grants to businesses owned by women and Black, Indigenous,
or Persons of Color; and

(10) measurable economic and health outcomes, including, but not limited to, increases
in sales and consumption of locally sourced and other fresh fruits and vegetables, the number
of construction and retail jobs retained or created, and any health initiatives associated with
the program.

Sec. 2.

Minnesota Statutes 2024, section 17.458, subdivision 1, is amended to read:

Subdivision 1.

Definition.

"Agroforestry" means new text begin the intentional integration of trees and
shrubs into crop and animal farming systems to create a more sustainable, diverse, and
productive land-use system. Agroforestry includes new text end the cultivation of short-rotation woody
crops using agricultural practices to produce timber or forest products.

Sec. 3.

Minnesota Statutes 2024, section 18J.01, is amended to read:

18J.01 DEFINITIONS.

(a) The definitions in new text begin this section; chapters 18G, 18H, 18K, 27, 223, 231, and 232; and
new text end sections deleted text begin 18G.02, 18H.02, 18K.02, 27.01, 223.16, 231.01, and 232.21 deleted text end new text begin 21.111 to 21.125 and
21.80 to 21.92 new text end apply to this chapter.

(b) For purposes of this chapter, "associated rules" means rules adopted under this
chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232, or sections new text begin 21.111 to 21.125 and
new text end 21.80 to 21.92.

Sec. 4.

Minnesota Statutes 2024, section 18J.02, is amended to read:

18J.02 DUTIES OF COMMISSIONER.

The commissioner shall administer and enforce this chapter, chapters 18G, 18H, 18K,
27, 223, 231, and 232; sections new text begin 21.111 to 21.125, and new text end 21.80 to 21.92; and associated rules.

Sec. 5.

Minnesota Statutes 2024, section 18J.03, is amended to read:

18J.03 CIVIL LIABILITY.

A person regulated by this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232, or
sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92, is civilly liable for any violation of one of those
statutes or associated rules by the person's employee or agent.

Sec. 6.

Minnesota Statutes 2024, section 18J.04, subdivision 1, is amended to read:

Subdivision 1.

Access and entry.

The commissioner, upon presentation of official
department credentials, must be granted immediate access at reasonable times to sites where
a person manufactures, distributes, uses, handles, disposes of, stores, or transports seeds,
plants, grain, household goods, general merchandise, produce, or other living or nonliving
products or other objects regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232;
sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or associated rules.

Sec. 7.

Minnesota Statutes 2024, section 18J.04, subdivision 2, is amended to read:

Subd. 2.

Purpose of entry.

(a) The commissioner may enter sites for:

(1) inspection of inventory and equipment for the manufacture, storage, handling,
distribution, disposal, or any other process regulated under chapter 18G, 18H, 18K, 27, 223,
231, or 232; sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or associated rules;

(2) sampling of sites, seeds, plants, products, grain, household goods, general
merchandise, produce, or other living or nonliving objects that are manufactured, stored,
distributed, handled, or disposed of at those sites and regulated under chapter 18G, 18H,
18K, 27, 223, 231, or 232; sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or associated rules;

(3) inspection of records related to the manufacture, distribution, storage, handling, or
disposal of seeds, plants, products, grain, household goods, general merchandise, produce,
or other living or nonliving objects regulated under chapter 18G, 18H, 18K, 27, 223, 231,
or 232; sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or associated rules;

(4) investigating compliance with chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections
new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or associated rules; or

(5) other purposes necessary to implement chapter 18G, 18H, 18K, 27, 223, 231, or 232;
sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or associated rules.

(b) The commissioner may enter any public or private premises during or after regular
business hours without notice of inspection when a suspected violation of chapter 18G,
18H, 18K, 27, 223, 231, or 232; sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or associated
rules may threaten public health or the environment.

Sec. 8.

Minnesota Statutes 2024, section 18J.04, subdivision 3, is amended to read:

Subd. 3.

Notice of inspection samples and analyses.

(a) The commissioner shall provide
the owner, operator, or agent in charge with a receipt describing any samples obtained. If
requested, the commissioner shall split any samples obtained and provide them to the owner,
operator, or agent in charge. If an analysis is made of the samples, a copy of the results of
the analysis must be furnished to the owner, operator, or agent in charge within 30 days
after an analysis has been performed. If an analysis is not performed, the commissioner
must notify the owner, operator, or agent in charge within 30 days of the decision not to
perform the analysis.

(b) The sampling and analysis must be done according to methods provided for under
applicable provisions of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections new text begin 21.111 to
21.125 or new text end 21.80 to 21.92; or associated rules. In cases not covered by those sections and
methods or in cases where methods are available in which improved applicability has been
demonstrated the commissioner may adopt appropriate methods from other sources.

Sec. 9.

Minnesota Statutes 2024, section 18J.04, subdivision 4, is amended to read:

Subd. 4.

Inspection requests by others.

(a) A person who believes that a violation of
chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92;
or associated rules has occurred may request an inspection by giving notice to the
commissioner of the violation. The notice must be in writing, state with reasonable
particularity the grounds for the notice, and be signed by the person making the request.

(b) If after receiving a notice of violation the commissioner reasonably believes that a
violation has occurred, the commissioner shall make a special inspection in accordance with
the provisions of this section as soon as practicable, to determine if a violation has occurred.

(c) An inspection conducted pursuant to a notice under this subdivision may cover an
entire site and is not limited to the portion of the site specified in the notice. If the
commissioner determines that reasonable grounds to believe that a violation occurred do
not exist, the commissioner must notify the person making the request in writing of the
determination.

Sec. 10.

Minnesota Statutes 2024, section 18J.05, subdivision 1, is amended to read:

Subdivision 1.

Enforcement required.

(a) A violation of chapter 18G, 18H, 18K, 27,
223, 231, or 232; sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or an associated rule is a
violation of this chapter.

(b) Upon the request of the commissioner, county attorneys, sheriffs, and other officers
having authority in the enforcement of the general criminal laws must take action to the
extent of their authority necessary or proper for the enforcement of chapter 18G, 18H, 18K,
27, 223, 231, or 232; sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or associated rules or
valid orders, standards, stipulations, and agreements of the commissioner.

Sec. 11.

Minnesota Statutes 2024, section 18J.05, subdivision 2, is amended to read:

Subd. 2.

Commissioner's discretion.

If minor violations of chapter 18G, 18H, 18K,
27, 223, 231, or 232; sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or associated rules occur
or the commissioner believes the public interest will be best served by a suitable notice of
warning in writing, this section does not require the commissioner to:

(1) report the violation for prosecution;

(2) institute seizure proceedings; or

(3) issue a withdrawal from distribution, stop-sale, or other order.

Sec. 12.

Minnesota Statutes 2024, section 18J.05, subdivision 6, is amended to read:

Subd. 6.

Agent for service of process.

All persons licensed, permitted, registered, or
certified under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections new text begin 21.111 to 21.125 or
new text end 21.80 to 21.92; or associated rules must appoint the commissioner as the agent upon whom
all legal process may be served and service upon the commissioner is deemed to be service
on the licensee, permittee, registrant, or certified person.

Sec. 13.

Minnesota Statutes 2024, section 18J.06, is amended to read:

18J.06 FALSE STATEMENT OR RECORD.

A person must not knowingly make or offer a false statement, record, or other information
as part of:

(1) an application for registration, license, certification, or permit under chapter 18G,
18H, 18K, 27, 223, 231, or 232; sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or associated
rules;

(2) records or reports required under chapter 18G, 18H, 18K, 27, 223, 231, or 232;
sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or associated rules; or

(3) an investigation of a violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232;
sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or associated rules.

Sec. 14.

Minnesota Statutes 2024, section 18J.07, subdivision 3, is amended to read:

Subd. 3.

Cancellation of registration, permit, license, certification.

The commissioner
may cancel or revoke a registration, permit, license, or certification provided for under
chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92;
or associated rules or refuse to register, permit, license, or certify under provisions of chapter
18G, 18H, 18K, 27, 223, 231, or 232; sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or
associated rules if the registrant, permittee, licensee, or certified person has used fraudulent
or deceptive practices in the evasion or attempted evasion of a provision of chapter 18G,
18H, 18K, 27, 223, 231, or 232; sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or associated
rules.

Sec. 15.

Minnesota Statutes 2024, section 18J.07, subdivision 4, is amended to read:

Subd. 4.

Service of order or notice.

(a) If a person is not available for service of an
order, the commissioner may attach the order to the facility, site, seed or seed container,
plant or other living or nonliving object regulated under chapter 18G, 18H, 18K, 27, 223,
231, or 232; sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or associated rules and notify the
owner, custodian, other responsible party, or registrant.

(b) The seed, seed container, plant, or other living or nonliving object regulated under
chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92;
or associated rules may not be sold, used, tampered with, or removed until released under
conditions specified by the commissioner, by an administrative law judge, or by a court.

Sec. 16.

Minnesota Statutes 2024, section 18J.07, subdivision 5, is amended to read:

Subd. 5.

Unsatisfied judgments.

(a) An applicant for a license, permit, registration, or
certification under provisions of this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232;
sections new text begin 21.111 to 21.125 or new text end 21.80 to 21.92; or associated rules may not allow a final
judgment against the applicant for damages arising from a violation of those statutes or
rules to remain unsatisfied for a period of more than 30 days.

(b) Failure to satisfy, within 30 days, a final judgment resulting from a violation of this
chapter results in automatic suspension of the license, permit, registration, or certification.

Sec. 17.

Minnesota Statutes 2024, section 18J.09, is amended to read:

18J.09 CREDITING OF PENALTIES, FEES, AND COSTS.

Penalties, cost reimbursements, fees, and other money collected under this chapter must
be deposited into the state treasury and credited to the appropriate nursery and phytosanitary new text begin
account under section 18H.17 new text end , industrial hemp new text begin account under section 18K.07 new text end , deleted text begin or deleted text end seed new text begin potato
inspection new text end account new text begin under section 21.115, seed inspection account under section 21.92, or
grain buyers and storage account under sections 223.17 and 232.22 new text end .

Sec. 18.

Minnesota Statutes 2024, section 18K.02, subdivision 5, is amended to read:

Subd. 5.

Processing.

"Processing" means rendering by refinement hemp plants or hemp
plant parts from their natural or original state after harvest. Processing includes but is not
limited to decortication, devitalization, chopping, crushing, extraction new text begin of plant substances
other than cannabinoids new text end , and deleted text begin packaging deleted text end new text begin pressing new text end . Processing does not include typical farm
operations such as sorting, grading, baling, and harvesting. Processing does not include
new text begin extraction of cannabinoids or new text end the production of artificially derived cannabinoids as defined
in section 342.01, subdivision 6.

Sec. 19.

Minnesota Statutes 2024, section 18K.02, subdivision 6, is amended to read:

Subd. 6.

Processing location.

"Processing location" means any area, building, plant, or
facility registered with and approved by the commissioner in which a licensee converts raw
new text begin industrial new text end hemp into a marketable product.

Sec. 20.

Minnesota Statutes 2024, section 18K.04, subdivision 1, is amended to read:

Subdivision 1.

Requirement; issuance; presumption.

(a) A person must obtain a license
from the commissioner before (1) growing industrial hemp, (2) processing industrial hemp,
or (3) researching industrial hemp.

(b) To obtain a license under paragraph (a), a person must apply to the commissioner
in the form prescribed by the commissioner and must pay the annual registration and
inspection fee established by the commissioner in accordance with section 16A.1285,
subdivision 2.

(c) For a license to grow new text begin or process new text end industrial hemp, the license application must include
the name and address of the applicant and the legal description of the land area or areas
where industrial hemp will be grown new text begin or processed new text end by the applicant and any other information
required under Code of Federal Regulations, title 7, part 990.

deleted text begin (d) For a license to process industrial hemp, the license application must include the
name and address of the applicant, the legal description of the processing location, and any
other information required by the commissioner.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end A licensee is responsible for compliance with the license requirements irrespective
of the acts or omissions of an authorized representative acting on behalf of the licensee.

deleted text begin (f) deleted text end new text begin (e) new text end When an applicant has paid the fee and completed the application process to the
satisfaction of the commissioner, the commissioner must issue a license which is valid until
December 31 of the year of application.

deleted text begin (g) deleted text end new text begin (f) new text end A person licensed under paragraph (a) to grow industrial hemp is presumed to be
growing industrial hemp for commercial or research purposes.

Sec. 21.

Minnesota Statutes 2024, section 21.111, is amended to read:

21.111 DEFINITIONS.

Subdivision 1.

Scope.

When used in sections 21.111 to deleted text begin 21.122 deleted text end new text begin 21.125 new text end the terms defined
in this section shall have the meanings ascribed to them.

deleted text begin Subd. 2. deleted text end

deleted text begin Inspected. deleted text end

deleted text begin "Inspected" means that the potato plants are examined in the field
and that the harvested potatoes produced by the potato plants are examined by or under the
authority of the commissioner. For seed potatoes produced in a lab, inspected means that
the lab's records, including records related to the lab's procedures and protocols, as well as
the seed potatoes, have been examined under the authority of the commissioner.
deleted text end

Subd. 3.

Certified.

"Certified" means that the potatoes deleted text begin were deleted text end new text begin have been new text end inspected while
growing in the field and new text begin , when possible, new text end again after being harvested, and deleted text begin were thereafter
duly certified deleted text end deleted text begin by or under the authority of the commissioner, as provided deleted text end new text begin the potatoes meet
the requirements new text end in sections 21.111 to deleted text begin 21.122, and as provided by rules adopted and published
by the commissioner deleted text end new text begin 21.125 new text end . For seed potatoes produced in a deleted text begin lab deleted text end new text begin an indoor facility or
greenhouse new text end , certified means that:

deleted text begin (1) deleted text end the seed potato deleted text begin lab deleted text end facilities new text begin , new text end deleted text begin and the lab's deleted text end procedures new text begin , new text end and protocols have been
examined under the authority of the commissioner deleted text begin ; and deleted text end new text begin .
new text end

deleted text begin (2) the seed potatoes have been inspected after they have been harvested, removed, or
released from the lab, and were duly certified by or under the authority of the commissioner,
as provided in sections 21.111 to 21.122.
deleted text end

deleted text begin Subd. 3a. deleted text end

deleted text begin Interstate cooperation. deleted text end

deleted text begin In order to best use state resources, the commissioner
may enter into agreements with other seed potato certification entities to carry out the
purposes of sections 21.111 to 21.122. Any agreement may provide for field inspections,
shipping point inspections, winter tests, and other certification functions to be carried out
by personnel employed by either entity according to methods determined by the certification
entities of the respective areas. The commissioner may extend seed potato certification
services to states where growers wish to grow certified seed potatoes and the state does not
have a seed potato certification program. Any agreement must be reported to the chairs of
the legislative committees responsible for the budget or policy of the seed potato inspection
program and to the commissioner of management and budget.
deleted text end

new text begin Subd. 3b. new text end

new text begin Certified seed potatoes. new text end

new text begin "Certified seed potatoes" means potatoes that have
been produced, graded, sacked or placed in bulk, inspected, and certified in accordance with
this chapter.
new text end

new text begin Subd. 3c. new text end

new text begin Class. new text end

new text begin "Class" means the seed quality level related to compliance with
tolerances for diseases and varietal purity.
new text end

new text begin Subd. 3d. new text end

new text begin Clone. new text end

new text begin "Clone" means a unit of seed potatoes that is the progeny of one plant,
which has been tested to become eligible to produce Generation 1 class seed potatoes.
new text end

new text begin Subd. 3e. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of agriculture or
the commissioner's designee.
new text end

new text begin Subd. 3f. new text end

new text begin Crop. new text end

new text begin "Crop" means all lots produced on a farm in one year.
new text end

new text begin Subd. 3g. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Agriculture.
new text end

new text begin Subd. 3h. new text end

new text begin Explant. new text end

new text begin "Explant" means an in vitro potato plant or a plantlet that is produced
by rooting an excised tip of a tuber sprout or an axillary bud from a growing plant and that
serves as a parent for a whole clone or accession of micropropagated plants or plantlets.
new text end

new text begin Subd. 3i. new text end

new text begin Farm. new text end

new text begin "Farm" means a potato-growing enterprise. Farm includes all land,
equipment, storage facilities, and laborers used to produce potatoes.
new text end

new text begin Subd. 3j. new text end

new text begin Field. new text end

new text begin "Field" means a plot of land on a farm where potatoes are grown.
new text end

new text begin Subd. 3k. new text end

new text begin Inspected. new text end

new text begin (a) For plants growing in a field, "inspected" means that the
commissioner has examined the plants in the field where the plants are grown and has
visually assessed the plants for disease and factors impacting quality.
new text end

new text begin (b) For harvested potatoes, inspected means that the commissioner has observed the
tubers and, when requested, the commissioner has evaluated the tubers for quality and
conditions described in section 21.125.
new text end

new text begin (c) For seed potatoes produced in a facility or greenhouse, inspected means that the
commissioner has examined the seed potatoes and the facility's records, including records
related to the facility's procedures and protocols.
new text end

new text begin Subd. 3l. new text end

new text begin Lot. new text end

new text begin "Lot" means a group of seed potatoes of one variety, planted in one
continuous plot, grown on the same farm, and physically separated from other lots while
being grown and stored.
new text end

new text begin Subd. 3m. new text end

new text begin Material in maintenance. new text end

new text begin "Material in maintenance" means propagative
material, plantlets, or tubers that are maintained, not multiplied, under controlled laboratory
conditions.
new text end

new text begin Subd. 3n. new text end

new text begin Roguing. new text end

new text begin "Roguing" is the process of removing infected plants from a field
of certified seed potatoes.
new text end

new text begin Subd. 3o. new text end

new text begin Stand. new text end

new text begin "Stand" is the live plant population in a certified seed potato lot.
new text end

Subd. 5.

Seed potatoes.

"Seed potatoes" means potatoes used, sold, offered or exposed
for sale, or held with intent to sell or as a sample representing any lot or stock of potatoes
offered or exposed for sale or held with intent to sell within this state, for the purpose of
planting.

Subd. 6.

Person.

"Person" includes an individual, new text begin a new text end partnership, new text begin a new text end corporation, new text begin a new text end company,
new text begin a new text end society, new text begin an new text end association, and deleted text begin firms deleted text end new text begin a firm new text end .

new text begin Subd. 7. new text end

new text begin Physically separated. new text end

new text begin "Physically separated" means separated by at least the
width of one row and markings such as flags at every corner of the lot.
new text end

new text begin Subd. 8. new text end

new text begin Rejected. new text end

new text begin "Rejected" means that a field or lot fails to meet the certification
standards in this chapter.
new text end

new text begin Subd. 9. new text end

new text begin Tuber units. new text end

new text begin "Tuber units" means the separate pieces of one tuber that are
planted consecutively in two or more hills in a row.
new text end

new text begin Subd. 10. new text end

new text begin Winter testing. new text end

new text begin "Winter testing" means growing out and visually inspecting
a representative sample of tubers from each seed lot for stand, vigor, varietal purity, and
disease.
new text end

Sec. 22.

Minnesota Statutes 2024, section 21.112, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Interstate cooperation. new text end

new text begin In order to best use state resources, the commissioner
may enter into agreements with other seed potato certification entities to carry out the
purposes of sections 21.111 to 21.125. An agreement under this subdivision may provide
for field inspections, shipping point inspections, winter testing, and other certification
functions to be carried out by personnel employed by either the commissioner or other seed
potato certification entities according to methods determined by the seed potato certification
entities. The commissioner may extend seed potato certification services to a state where
growers wish to grow certified seed potatoes and where the state does not have a seed potato
certification program. Any agreement under this subdivision must be reported to the chairs
and ranking minority members of the legislative committees responsible for the budget or
policy of the seed potato inspection program and to the commissioner of management and
budget.
new text end

Sec. 23.

Minnesota Statutes 2024, section 21.113, is amended to read:

21.113 new text begin SHIPPING POINT new text end CERTIFICATES deleted text begin OF INSPECTION deleted text end new text begin ; CERTIFICATES
OF ORIGIN; AND BULK CERTIFICATES new text end .

new text begin Subdivision 1. new text end

new text begin Shipping point inspections. new text end

(a) The commissioner shall issue new text begin shipping
point new text end certificates of inspection only when seed potatoes have been inspected while growing
in the field and again after being harvested.

deleted text begin (b) For seed potatoes produced in a lab deleted text end deleted text begin , the commissioner shall issue certificates of
inspection only after:
deleted text end

deleted text begin (1) the seed potato lab deleted text end deleted text begin facility and the lab's deleted text end deleted text begin records have been inspected; and
deleted text end

deleted text begin (2) the seed potatoes have been inspected after they have been harvested, removed, or
released from the lab deleted text end deleted text begin .
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end Certificates of inspection under this section shall show the varietal purity and the
freedom from disease and physical injury of such potatoes and any other information as
may be prescribed by deleted text begin rules adopted and published under deleted text end sections 21.111 to deleted text begin 21.122 deleted text end new text begin 21.125 new text end .

new text begin Subd. 2. new text end

new text begin Other certificates. new text end

new text begin (a) The use of a certificate of origin requires the approval
of the seller and the purchaser and must only be used for intrastate shipments between
certified seed potato producers. The certificate of origin must contain information considered
necessary by the commissioner and must at a minimum identify the producer, receiver,
variety, classification, quantity, date of shipment, and lot of the seed potatoes. The limitation
of warranty as described in paragraph (c) must not include any representation of the condition
of the potatoes at the time of shipment. A certificate of origin must only be used for intrastate
shipment if a shipping point inspection is not available. Use of a certificate of origin must
be approved by the commissioner prior to shipment.
new text end

new text begin (b) A bulk certificate must include the date of issuance, class, grade, lot number, and
approximate weight of the load.
new text end

new text begin (c) A certification does not represent a warranty of any kind, express or implied, including
merchantability, as to the quality of the crop produced from the certified seed potatoes. A
certification must only represent that the seed potatoes were produced, graded, sacked or
placed in bulk, and inspected in accordance with this chapter. A certification under this
subdivision must not include any representation of the condition of the potatoes at the time
of shipment.
new text end

Sec. 24.

Minnesota Statutes 2024, section 21.115, is amended to read:

21.115 FEES; SEED POTATO INSPECTION ACCOUNT.

The commissioner shall fix the fees for all inspections and certifications in such amounts
as from time to time may be found necessary to pay the expenses of carrying out and
enforcing the purposes of sections 21.111 to deleted text begin 21.122 deleted text end new text begin 21.125 new text end , with a reasonable reserve, and
shall require the same to be paid before such inspections or certifications are made. All
moneys collected as fees or as penalties for violations of any of the provisions of such
sections shall be paid into the agricultural fund and credited to the seed potato inspection
account of the commissioner, which account is hereby created and appropriated for carrying
out the purposes of sections 21.111 to deleted text begin 21.122 deleted text end new text begin 21.125 new text end . Interest, if any, received on deposits
of these moneys shall be credited to the account, and there shall be paid into this fund any
sum provided by the legislature for the purpose of carrying out the provisions of such
sections.

Sec. 25.

Minnesota Statutes 2024, section 21.117, is amended to read:

21.117 APPLICATIONS FOR INSPECTIONS; WITHDRAWALS new text begin ;
AMENDMENTS new text end .

(a) Any person may make application to the commissioner for inspection or certification
of seed potatoes growing or to be grown. Upon receiving such application and the required
fee and such other information as may be required, the commissioner shall cause such
potatoes to be inspected or certified in accordance with the provisions of sections 21.111
to deleted text begin 21.122 and the rules adopted and published thereunder deleted text end new text begin 21.125 new text end .

(b) If a grower wishes to withdraw deleted text begin a field or lab deleted text end new text begin an application new text end after having made new text begin a
timely new text end application for inspection and such withdrawal is requested before the field or deleted text begin lab deleted text end new text begin
facility new text end inspection has been made, the fee paid shall be refunded to said grower. new text begin A grower
must submit a withdrawal request in writing and include a reason for withdrawal. A grower
must remove withdrawn acres from production before the first field inspection.
new text end

new text begin (c) If a grower wishes to amend an application after submitting a timely application for
inspection, the grower must submit the request in writing, including a reason for the
amendment.
new text end

Sec. 26.

Minnesota Statutes 2024, section 21.119, is amended to read:

21.119 USE OF CERTAIN TERMS FORBIDDEN; EXCEPTIONS.

It shall be unlawful to use or employ the term "certified" or the term "inspected," or any
term or terms conveying a meaning substantially equivalent to the meaning of either of
these terms, either orally or in writing, printing, marking, or otherwise in reference to or in
connection with, or in advertising or characterizing or labeling seed potatoes or the containers
thereof, unless such potatoes shall have been duly inspected and certified pursuant to the
provisions of sections 21.111 to deleted text begin 21.122 deleted text end new text begin 21.125 new text end .

Sec. 27.

Minnesota Statutes 2024, section 21.1195, is amended to read:

21.1195 MINIMUM STANDARDS FOR PLANTING.

new text begin (a) new text end Seed potatoes may not be planted in the state in lots deleted text begin of deleted text end new text begin totaling new text end ten or more acres
unless the seed meets the minimum disease standards prescribed by the commissioner. Seed
potatoes may meet the standards by being certified in accordance with this chapter and rules
adopted by the commissioner, or under the certification program of another state or province
which, in the judgment of the commissioner, provides equivalent assurances of seed potato
quality. Seed potatoes may be planted without certification if they have had at least field
inspection as required for certified seed potatoes, have passed the field inspection standards
of disease tolerance, and are free from ring rot. deleted text begin A person that plants seed potatoes in violation
of this section is subject to a civil penalty of $20 per acre for each acre or part of an acre
planted in violation of this section. deleted text end Failure to maintain complete and accurate records in
accordance with this section deleted text begin or rules adopted by the commissioner is an additional violation
resulting in a separate civil penalty of $200 for each failure deleted text end new text begin is a violation and subject to
enforcement under chapter 18J new text end .

new text begin (b) new text end If there is not available to be planted in this state, in any year, a sufficient volume
of potato seed meeting certified seed potato disease standards, in any or all varieties, the
commissioner may, upon application by one or more growers, permit seed that does not
comply with this section to be planted for that growing season if the seed does not pose a
serious disease threat.

new text begin (c) new text end Each grower shall keep records of each lot of seed potatoes planted. For each growing
season, the records must include, by field, the variety new text begin , planting location, number of acres
planted, new text end and source of the seed potatoes. Each grower shall new text begin register fields and new text end file records
as prescribed by the commissioner. All records must be made available for inspection by
the commissioner or the commissioner's agents during normal business hours.

new text begin (d) new text end In addition to the enforcement powers and penalties in this section, the commissioner
may issue a subpoena to a grower in order to compel delivery of records which are required
under this section. These subpoenas are enforceable by any court of competent jurisdiction.

Sec. 28.

new text begin [21.123] SEED POTATO CERTIFICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Eligibility. new text end

new text begin In order to produce certified seed potatoes, a grower must
comply with the following requirements:
new text end

new text begin (1) a grower must ensure that potatoes meet the tolerances prescribed by this chapter
and the potatoes have been inspected by the commissioner while growing in a field;
new text end

new text begin (2) a grower must ensure that all potatoes planted on the grower's farm have been entered
for certification by the commissioner;
new text end

new text begin (3) a grower must ensure that each lot is grown while physically separated from other
lots. Markers must be visible to a person from any position in the field;
new text end

new text begin (4) a grower must submit an application for certification before June 16 each year on
forms provided by the commissioner. The commissioner must charge a ten percent late
registration fee to a grower who submitted an application postmarked after June 15 and
before July 1. The commissioner may extend the deadline due to special circumstances,
such as a natural disaster, that make it impractical or impossible for planting to be completed
by the deadline and that affect an area or large number of growers. A grower must make a
request for an extension in writing before June 16;
new text end

new text begin (5) an application for certification must include a North American Health Certificate
and a shipping point certificate, bulk seed certificate, or certificate of origin. The
commissioner may accept an incomplete application for certification;
new text end

new text begin (6) an application for certification must demonstrate that the seed potatoes being entered
for certification originated from a class system in Minnesota or another state or province
under the supervision of another certifying agency; and
new text end

new text begin (7) a grower must comply with sections 21.111 to 21.125. A grower's violation of sections
21.111 to 21.125 is cause for the commissioner to reject the grower's field or lot. A grower
must not sell or label potatoes as certified seed potatoes when the potatoes were grown in
a rejected field or lot.
new text end

new text begin Subd. 2. new text end

new text begin Certification process. new text end

new text begin (a) As part of the certification process, the commissioner
must visually inspect sample plants from each field and lot belonging to the grower, except
that the commissioner is not required to visually inspect sample plants and tubers when
certifying prenuclear class potatoes.
new text end

new text begin (b) For seed potato varieties that do not exhibit visible symptoms of a specific pathogen,
the commissioner must subject the seed potatoes to laboratory tests to determine the level
of a pathogen in a seed lot. Testing under this paragraph may occur during the growing
season, the storage season, or winter testing.
new text end

new text begin (c) The commissioner may not accept an application for certification from a grower in
a community or county without sufficient acreage for total inspection fee charges to cover
the cost of wages and expenses of the commissioner to complete an inspection. The
commissioner may make a determination of sufficient acreage under this paragraph before
conducting an inspection as part of the certification process.
new text end

new text begin (d) The commissioner must not inspect a field for certification unless both the planted
seed potato variety and the particular planted lot have been authorized by the commissioner.
When considering the authorization of a particular seed potato variety for planting as certified
seed potatoes, the commissioner must consider scientific evidence and the expert opinions
of inspectors.
new text end

new text begin (e) The following classes of seed potatoes are eligible for planting as certified seed
potatoes: Prenuclear (PN), Generation 1 (G1), Generation 2 (G2), Generation 3 (G3),
Generation 4 (G4), Generation 5 (G5), and experimental class seed potatoes. The
commissioner may authorize the planting of Certified (C) class or Generation 6 (G6) class
seed potatoes if the commissioner determines that the seeds do not pose a serious threat of
disease to the public.
new text end

new text begin Subd. 3. new text end

new text begin Bacterial ring rot or potato spindle tuber viroid. new text end

new text begin If the commissioner finds
the presence of bacterial ring rot or potato spindle tuber viroid in a field or lot, the
commissioner must reject the entire field or lot. If the commissioner discovers a single plant
in a field or a tuber in storage that is infected with bacterial ring rot or potato spindle tuber
viroid, the commissioner must reject the entire field or lot where the plant was grown. If
the commissioner has not found bacterial ring rot or potato spindle tuber viroid in a field
or lot, the field or lot is not necessarily free from either disease.
new text end

new text begin Subd. 4. new text end

new text begin Winter testing. new text end

new text begin (a) In order to detect certain virus diseases, the commissioner
must conduct winter testing of a sample from each class seeking eligibility for recertification,
except PN and experimental classes. The commissioner must grow out and visually inspect
a representative sample of tubers from each seed lot for stand, vigor, varietal purity, and
disease. If, during a visual inspection, a plant shows signs of potato virus Y or potato leafroll
virus, or if the plant is of a variety that does not express visual symptoms of infection, the
commissioner must ensure that a sample of the plant is lab tested for potato virus Y and
potato leafroll virus. The commissioner must determine whether a field or lot contains the
threshold amount of disease permitted under section 21.124, subdivision 9. The commissioner
must include any lot that passes winter testing in the approved list of certified seed lots
eligible for recertification.
new text end

new text begin (b) If the commissioner determines that a winter test of a lot or field has a serious
malfunction, the commissioner must base classification of the lot or field on summer field
readings from the previous year or lab testing.
new text end

new text begin (c) Instead of winter testing a sample, the commissioner may accept comprehensive lab
testing if the commissioner determines that special circumstances exist, such as a natural
disaster, that would make submission of samples for inclusion in winter testing impractical
or impossible.
new text end

new text begin (d) The commissioner must reject a field or lot if the commissioner determines that a
large number of plants are missing from the field or lot due to disease.
new text end

new text begin (e) The commissioner must reject a field or lot if the commissioner determines that the
field or lot contains a large number of weak plants.
new text end

new text begin (f) The commissioner may reject a field or lot if the field or lot contains a large number
of plants that have a mixture of variety.
new text end

new text begin Subd. 5. new text end

new text begin Seed potato certification classes. new text end

new text begin Seed potato certification classes must be
differentiated by the potatoes' compliance with disease tolerances, varietal purity, and seed
origin. Seed potato certification classes are: Prenuclear (PN), Generation 1 (G1), Generation
2 (G2), Generation 3 (G3), Generation 4 (G4), Generation 5 (G5), Generation 6 (G6), and
Certified (C).
new text end

new text begin Subd. 6. new text end

new text begin Experimental status. new text end

new text begin (a) Lots from a breeder's seed that have not been tested
and have not been determined to be virus-free are considered experimental. The commissioner
must designate seedlings or numbered selections in experimental status as a class and
determine requirements of that class.
new text end

new text begin (b) To obtain experimental status under this subdivision, an applicant must submit a
written statement from the seedlings' or numbered selections' breeder, originator, or
originator's designee verifying that the applicant has full and unrestricted rights to introduce
the seedlings or numbered selections into the commercial market and that the applicant may
apply to enter the seedlings or numbered selections into the certification system. The written
statement must accompany the certification application submitted by the applicant.
new text end

new text begin (c) After reviewing the applicant's written statement and certification application, the
commissioner may designate seedlings or numbered selections described in the application
as having experimental status.
new text end

new text begin (d) After an applicant is notified by the commissioner that the seedlings or numbered
selections have experimental status, the applicant must ensure that the seedlings or numbered
selections are tagged with the word "EXPERIMENTAL."
new text end

new text begin Subd. 7. new text end

new text begin Protected varieties. new text end

new text begin If an applicant seeks to enter a seed potato variety protected
under the Plant Variety Protection Act Amendments of 1994 into the certification system,
the applicant must submit a written statement from the breeder, originator, or originator's
designee that the applicant has full and unrestricted rights to introduce the protected variety
into the certification system. The applicant must ensure that the written statement
accompanies the certification application for any protected seed potato variety.
new text end

new text begin Subd. 8. new text end

new text begin Certification factors; field inspection. new text end

new text begin (a) The commissioner must consider
the following factors when conducting a field inspection pursuant to a certification
application:
new text end

new text begin (1) the commissioner must reject a field or lot if a large number of plants are missing
due to disease;
new text end

new text begin (2) the commissioner must reject a field or lot if the field or lot contains a large number
of weak plants;
new text end

new text begin (3) the commissioner must inspect a field or lot for bacterial ring rot. The commissioner
must reject a field or lot if the commissioner finds the presence of bacterial ring rot. If
bacterial ring rot is present in a field or lot, the remaining crop is not eligible for certification
planting;
new text end

new text begin (4) the commissioner must reject a field or lot if the field or lot contains potatoes with
a level of disease higher than the acceptable tolerance for the disease for the potatoes' seed
potato certification class according to section 21.124, subdivision 9;
new text end

new text begin (5) the commissioner must reject a field or lot if the field or lot contains a percentage
of diseased plants that exceeds the acceptable percentage of disease listed in section 21.124
for the seed potato certification class;
new text end

new text begin (6) the commissioner must reject a field or lot if any of the following are present in the
field or lot to such an extent that the commissioner is unable to complete a satisfactory
inspection for diseases: early or late blight, blackleg or wilt of any kind, weeds, plant injury
from insects, or chemical damage; and
new text end

new text begin (7) the commissioner must reject a field or lot if any other conditions are present to such
an extent that the commissioner is unable to make a satisfactory inspection for diseases.
new text end

new text begin (b) The commissioner must determine that a field is ineligible for certification if cull
piles are in such close vicinity to the field that it is likely that the field is contaminated.
new text end

new text begin (c) The commissioner must make at least two field inspections of a field during the
growing season. The commissioner must conduct a final inspection of a field for bacterial
ring rot during the time of year that symptoms of bacterial ring rot are most likely to be
observed. If the commissioner is unable to conduct a final inspection under this paragraph
due to management practices of the grower or for a reason that is out of the grower's control,
such as a natural disaster, the grower must ensure that laboratory testing is conducted to
maintain eligibility for certification. An additional inspection or additional laboratory testing
may be necessary to meet phytosanitary requirements in established markets in another state
or in a Canadian province.
new text end

new text begin Subd. 9. new text end

new text begin Roguing. new text end

new text begin If any of the diseases listed in section 21.124, subdivision 1, are
present in a field in amounts greater than the maximum disease tolerance level, the grower
must rogue the field and remove the infected plants before the final inspection by the
commissioner. If a grower has completed roguing a field after tubers have formed, the
grower must remove and destroy all tubers from rogued plants.
new text end

new text begin Subd. 10. new text end

new text begin Storage. new text end

new text begin (a) A grower must ensure that a lot is stored under conditions that
prevent disease contamination. A grower must not store a lot in any warehouse where other
potatoes are stored, unless the grower labels the lot according to paragraph (b).
new text end

new text begin (b) If more than one grower stores lots in the same warehouse, each grower must identify
the grower's lots by labeling the bin containing the lot with the grower's name, the grower's
address, the variety of potatoes in the bin, and the number of potatoes in the bin.
new text end

new text begin (c) If a grower plans to store a lot in a public warehouse or storage unit that is not directly
under the grower's control, the grower must send a complete record of storage to the
commissioner prior to storing the lot. The record must include the address and location of
the public warehouse or storage unit, the variety of potatoes in each bin, and the number of
potatoes in each bin. If a warehouse receipt for the lot is available, the grower must submit
a copy of the warehouse receipt to the commissioner. If more than one grower stores lots
in the same public warehouse or storage unit, the grower must label each lot according to
paragraph (b).
new text end

new text begin (d) A grower must not use the same equipment for grading and handling lots of certified
seed potatoes and other potatoes. If a grower has used the same equipment for grading and
handling certified seed potatoes and other potatoes, the commissioner must reject the grower's
lots.
new text end

new text begin (e) A firm that handles lots under contract must label each bin containing a lot with the
name of the grower whose lots are being stored. A firm handling lots under contract must
properly label and handle bins containing lots. A certification tag or bulk certificate must
not be issued unless all bins are properly labeled according to this paragraph.
new text end

new text begin (f) By November 1 of each crop year, a grower must submit to the commissioner a
completed storage and yield report for each lot on a form prescribed by the commissioner.
The commissioner may extend the deadline after November 1 due to special circumstances,
such as a natural disaster, that would make it impractical or impossible for a grower to
complete harvesting and storage by November 1 and that affect an area or a large number
of growers. A grower must submit a written request for an extension to the commissioner
before November 1 of the crop year for which the extension is sought.
new text end

new text begin Subd. 11. new text end

new text begin Tags; bulk certificates. new text end

new text begin (a) Once the commissioner has informed a grower
that the grower's potatoes meet the certification requirements in sections 21.111 to 21.125,
a grower may tag the potatoes using an approved tag indicating the grade of potatoes as
blue-tag-certified seed potato grade, yellow-tag-certified seed potato grade, or
white-tag-certified seed potato grade. A grower's name, the city where the farm is located,
the potato variety, and the crop year must be printed on a tag under this subdivision.
new text end

new text begin (b) When fastening a tag to a potato sack, a grower must fasten the tag to the sack to
form a seal at the time that the lot or shipment is prepared.
new text end

new text begin (c) A bulk certificate must include the date that the certificate was issued, class, grade,
lot number, shipping point certificate number, and approximate weight of the lot.
new text end

new text begin (d) Only the person who grew the potatoes may order or print tags for the potatoes once
the commissioner has informed the person that the potatoes meet certification requirements
under sections 21.111 to 21.125.
new text end

new text begin (e) A grower may print a tag for potatoes if the grower has provided proof of each lot
to the commissioner for review before using the tag. A tag printed by a grower must contain
the following statement: "The quality and condition of each lot is only confirmed through
a shipping point inspection certificate. This tag, without an accompanying shipping point
inspection certificate, is not proof that the potatoes contained within have been duly
inspected."
new text end

new text begin Subd. 12. new text end

new text begin Certified seed potato grades. new text end

new text begin Certified seed potatoes must be classified by
certified seed potato grades based on the number of physical defects of tubers. A grower
must only use a certified seed potato grade for potatoes after a shipping point inspection of
the potatoes has been completed. The following three grades of certified seed potatoes must
be used for Minnesota-certified seed potatoes:
new text end

new text begin (1) the blue-tag-certified seed potato grade is the first grade of certified seed potatoes.
The blue-tag-certified seed potato grade is stricter than other grades. The blue-tag-certified
seed potato grade does not allow as many physical defects of tubers as other grades. A
grower may use the blue-tag-certified seed potato grade for intrastate and interstate shipments
of certified seed potatoes.
new text end

new text begin (2) the yellow-tag-certified seed potato grade is the second grade of certified seed
potatoes. The yellow-tag-certified seed potato grade allows more physical defects of tubers
than the blue-tag-certified seed potato grade. A grower may use the yellow-tag-certified
seed potato grade for intrastate and interstate shipments of certified seed potatoes; and
new text end

new text begin (3) the white-tag-certified seed potato grade is the third grade of certified seed potatoes.
The number of physical defects that the white-tag-certified seed potato grade allows is
determined by an agreement between the purchaser and seller of the certified seed potatoes.
A grower may use the white-tag-certified seed potato grade for intrastate and interstate
shipments of certified seed potatoes.
new text end

new text begin Subd. 13. new text end

new text begin Grading. new text end

new text begin (a) A grower must ensure that a lot is inspected at the shipping point
if the lot requires a grade statement.
new text end

new text begin (b) If an inspection at the shipping point is impossible, a grower must request a grading
inspection in transit.
new text end

new text begin (c) A grower must ensure that a bagged lot or shipment offered for sale and tagged with
approved certification tags is contained in new even-weight sacks.
new text end

new text begin (d) A grower must ensure that a bulk shipment is identified with a bulk certificate.
new text end

new text begin (e) A grower must ensure that a bagged lot and bulk lot or shipment meets grade standards
in section 21.125.
new text end

new text begin (f) A grower must recondition a lot or shipment that fails to meet the grade standards in
section 21.125.
new text end

new text begin (g) If a lot or shipment fails to meet grade standards and is contained in sacks, a grower
must remove approved certification tags from the lot or shipment before the lot or shipment
may proceed to its destination.
new text end

new text begin (h) If a shipment is in bulk and fails to meet grade standards in section 21.125, a bulk
certificate must not be issued.
new text end

new text begin (i) If a lot or shipment fails to meet grade standards, the shipper must bear the costs of
reconditioning potatoes to meet the grade standards in section 21.125.
new text end

Sec. 29.

new text begin [21.124] REQUIREMENTS FOR PRODUCTION OF DIFFERENT
CLASSES OF CERTIFIED SEED POTATOES.
new text end

new text begin Subdivision 1. new text end

new text begin Prenuclear class certified seed potatoes. new text end

new text begin (a) A lot grown as and intended
to be prenuclear class certified seed potatoes must be grown from plants tested and shown
to be free from the following pathogens:
new text end

new text begin (1) Clavibacter michiganensis ssp. sepedonicus (ring rot);
new text end

new text begin (2) Pectobacterium atrosepticum ssp. Atrosepticum, carotovora (blackleg);
new text end

new text begin (3) potato virus X;
new text end

new text begin (4) potato virus S;
new text end

new text begin (5) potato virus A;
new text end

new text begin (6) potato virus M;
new text end

new text begin (7) potato virus Y;
new text end

new text begin (8) potato spindle tuber viroid; and
new text end

new text begin (9) potato leafroll virus.
new text end

new text begin (b) When growing prenuclear class seed potatoes, a grower must ensure that each explant
or tuber is tested for organisms for which testing is required by the state or province of
destination. A grower must ensure that material in maintenance is tested during the year of
producing prenuclear class seed potatoes.
new text end

new text begin (c) A grower must produce prenuclear class seed potatoes in a greenhouse, facility, or
screenhouse under sanitary conditions, free from insects and weeds that can harbor or
transmit potato diseases or other conditions that would allow possible disease contamination.
A grower must ensure that a facility used for growing prenuclear seed potatoes is sufficiently
insulated from insects by screens and double doors. The commissioner may inspect any
facility or equipment used for growing, handling, and storing prenuclear class seed potatoes
to verify that the facility or equipment complies with this paragraph.
new text end

new text begin (d) A grower must ensure that one percent of each lot or ten plants or tubers from each
lot, whichever is greater, is tested during the growing season to verify that the crop is free
from potato virus X, potato virus Y, potato leafroll virus, C. michiganensis, and P.
atrosepticum.
new text end

new text begin (e) Prenuclear tubers may originate from greenhouse tubers for one year only if the
greenhouse tubers have remained at the same growing operation and have remained isolated
from field-grown tubers.
new text end

new text begin (f) Prenuclear class certified seed potatoes must not contain more than the allowable
tolerances for disease and varietal mixture in subdivision 9.
new text end

new text begin Subd. 2. new text end

new text begin Generation 1 class certified seed potatoes. new text end

new text begin (a) Generation 1 class seed potatoes
must meet the following requirements:
new text end

new text begin (1) the seed source must be either prenuclear tubers, clones, or plantlets; and
new text end

new text begin (2) tuber units or plantlets must be planted in identifiable family units.
new text end

new text begin (b) Subject to the commissioner's approval, lots in Generation 1 class may be exempt
from winter testing requirements if leaves collected during the growing season are laboratory
tested and shown to be within the allowable tolerance of potato virus X, potato virus Y, and
other pathogens identified by the commissioner.
new text end

new text begin (c) Each lot must be stored in an individual identifiable unit.
new text end

new text begin (d) Generation 1 seed potatoes must not contain more than the allowable tolerances for
disease and varietal mixture for seed potatoes in subdivision 9.
new text end

new text begin Subd. 3. new text end

new text begin Generation 2 class certified seed potatoes. new text end

new text begin Generation 2 class seed potatoes
must originate from Generation 1 class seed potatoes. Generation 2 class seed potatoes must
not contain more than the allowable tolerances of disease and varietal mixture in subdivision
9.
new text end

new text begin Subd. 4. new text end

new text begin Generation 3 class certified seed potatoes. new text end

new text begin Generation 3 class seed potatoes
must originate from Generation 2 class seed potatoes. Generation 3 class seed potatoes must
not contain more than the allowable tolerances of disease and varietal mixture in subdivision
9.
new text end

new text begin Subd. 5. new text end

new text begin Generation 4 class certified seed potatoes. new text end

new text begin Generation 4 class seed potatoes
must originate from Generation 3 class seed potatoes. Generation 4 class seed potatoes must
not contain more than the allowable tolerances for disease and varietal mixture in subdivision
9.
new text end

new text begin Subd. 6. new text end

new text begin Generation 5 class certified seed potatoes. new text end

new text begin Generation 5 class seed potatoes
must originate from Generation 4 class seed potatoes. Generation 5 class seed potatoes must
not contain more than the allowable tolerances for disease and varietal mixture in subdivision
9.
new text end

new text begin Subd. 7. new text end

new text begin Generation 6 class certified seed potatoes. new text end

new text begin Generation 6 class seed potatoes
must originate from Generation 5 class seed potatoes. Generation 6 class seed potatoes must
not contain more than the allowable tolerances for disease and varietal mixture in subdivision
9.
new text end

new text begin Subd. 8. new text end

new text begin Certified class certified seed potatoes. new text end

new text begin Certified class seed potatoes must
originate from generation classes of seed potatoes. Certified class seed potatoes must not
contain more than the allowable tolerances for disease and varietal mixture in subdivision
9.
new text end

new text begin Subd. 9. new text end

new text begin Allowable tolerances for diseases and varietal mixture by generation
class. new text end

new text begin The numbers represent the percentage of potatoes that may be affected out of an
individual lot.
new text end

	new text begin PN new text end	new text begin G1 new text end	new text begin G2 new text end	new text begin G3 new text end	new text begin G4 new text end	new text begin G5 new text end	new text begin G6 new text end	new text begin C new text end
new text begin Tolerances: new text end
new text begin Severe Mosaic from potato virus Y, A, M, X, and/or S new text end	new text begin 0 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 1 new text end
new text begin Leafroll new text end	new text begin 0 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 1 new text end
new text begin Total new text end	new text begin 0 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 1 new text end
new text begin Other viruses new text end	new text begin 0 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end
new text begin Mycoplasms (haywire, witches broom, yellow dwarf) new text end	new text begin 0 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end
new text begin Total new text end	new text begin 0 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end
new text begin Blackleg new text end	new text begin 0 new text end	new text begin 0 new text end	new text begin 0.2 new text end	new text begin 0.5 new text end	new text begin 1 new text end	new text begin exc. new text end	new text begin exc. new text end	new text begin exc. new text end
new text begin Varietal mixture new text end	new text begin 0 new text end	new text begin 0 new text end	new text begin 0 new text end	new text begin 0.1 new text end	new text begin 0.1 new text end	new text begin 0.1 new text end	new text begin 0.2 new text end	new text begin 0.2 new text end
new text begin Ring Rot and Spindle Tuber new text end	new text begin 0 new text end	new text begin 0 new text end	new text begin 0 new text end	new text begin 0 new text end	new text begin 0 new text end	new text begin 0 new text end	new text begin 0 new text end	new text begin 0 new text end
new text begin Winter Test: new text end
new text begin Virus or expressing symptoms of chemical damage new text end	new text begin - new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end	new text begin 0.5 new text end

Sec. 30.

new text begin [21.125] MINNESOTA CERTIFIED SEED POTATO GRADES AND
TOLERANCES.
new text end

new text begin Subdivision 1. new text end

new text begin Certified seed potato grading. new text end

new text begin Potatoes must meet the requirements of
sections 21.111 to 21.125 to be graded as certified seed potatoes.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Damage" means any defect or combination of defects that materially affects the
appearance of the individual potato, or that cannot be removed without a loss of more than
five percent of the total weight of the potato, including the peel covering the defective area.
new text end

new text begin (c) "Diameter" means the greatest dimension at right angles to the longitudinal axis.
Diameter means the long axis.
new text end

new text begin (d) "Dry rot" means decaying tissue that is dry.
new text end

new text begin (e) "Fairly clean" means that the individual potato is reasonably free from dirt, staining,
or other foreign matter.
new text end

new text begin (f) "Fairly well-shaped" means that the individual potato is not materially pointed,
dumbbell-shaped, or otherwise ill-formed.
new text end

new text begin (g) "Mature" means that the outer skin does not loosen or feather readily during the
ordinary methods of handling.
new text end

new text begin (h) "Serious damage" means any defect or combination of defects that seriously affects
the appearance of the individual potato or that cannot be removed without a loss of more
than ten percent of the total weight of the potato, including the peel covering the defective
area.
new text end

new text begin (i) "Slightly dirty" means the appearance is not materially affected by dirt, staining, or
other foreign matter.
new text end

new text begin (j) "Soft rot" or "wet breakdown" means any soft, mushy, or leaky condition of potato
tissues.
new text end

new text begin (k) "Well-shaped" means the normal shape for a variety.
new text end

new text begin Subd. 3. new text end

new text begin Damage. new text end

new text begin The commissioner must find that one or more of the following defects
constitutes damage:
new text end

new text begin (1) a russet scab that materially detracts from the appearance of a potato;
new text end

new text begin (2) second growth or growth cracks that materially affect the appearance of an individual
potato;
new text end

new text begin (3) air cracks when removal of the air cracks causes a loss of more than five percent of
the total weight of a potato;
new text end

new text begin (4) a potato that is more than moderately shriveled, spongy, or flabby;
new text end

new text begin (5) an individual potato that has sprouts over one inch in length;
new text end

new text begin (6) a surface scab, powdery scab, or pitted scab that covers more than five percent of
the surface of a potato or a surface scab, powdery scab, or pitted scab that, when removed,
causes a potato to lose more than five percent of the potato's total weight, including peel
covering a defective area of the potato; or
new text end

new text begin (7) more than 50 percent of a potato's surface contains scattered, lightly caked soil or
more than 15 percent of a potato's surface is badly caked with soil.
new text end

new text begin Subd. 4. new text end

new text begin Serious damage. new text end

new text begin The commissioner must find that one or more of the following
defects constitutes serious damage:
new text end

new text begin (1) a russet scab that seriously detracts from the appearance of a potato;
new text end

new text begin (2) the appearance of a potato is seriously affected by caked or smeared dirt or other
foreign matter;
new text end

new text begin (3) both ends of a potato are cut or clipped, more than an estimated one-fourth of a potato
is cut away from one end, or a remaining portion of a clipped potato weighs less than six
ounces;
new text end

new text begin (4) one or more cuts that seriously affect the appearance of a potato or that cannot be
removed without the loss of more than ten percent of a potato's total weight, including peel
covering the defective area;
new text end

new text begin (5) a potato that is excessively shriveled, spongy, or flabby;
new text end

new text begin (6) a surface scab, powdery scab, or pitted scab that covers more than 25 percent of the
surface of a potato or a surface scab, powdery scab, or pitted scab that, when removed,
causes a loss of more than ten percent of a potato's total weight, including peel covering the
defective area; or
new text end

new text begin (7) wireworm or air cracks that, when removed, cause a loss of more than ten percent
of a potato's total weight.
new text end

new text begin Subd. 5. new text end

new text begin Application of tolerance. new text end

new text begin If the average of an entire lot is within the disease
tolerances specified for the grade in section 21.124, subdivision 9, an individual container
in the lot may contain no more than double the disease tolerance specified in section 21.124,
subdivision 9, except that sprouts, at least one defective specimen with a defect other than
bacterial ring rot, and one off size specimen is permitted. This subdivision does not apply
to bulk conveyances.
new text end

new text begin Subd. 6. new text end

new text begin Condition after transit. new text end

new text begin Deterioration that developed in transit must affect the
condition of potatoes. Deterioration that developed in transit must not affect the grade of
potatoes.
new text end

new text begin Subd. 7. new text end

new text begin Minnesota blue-tag-certified seed potato grade. new text end

new text begin (a) To be graded as Minnesota
blue-tag-certified seed potatoes, potatoes must meet the following requirements:
new text end

new text begin (1) at the time of the shipping point inspection, potatoes must be of one variety;
unwashed; fairly well-shaped; free from bacterial ring rot, late blight, freezing, black heart,
and soft rot or wet breakdown; free from damage caused by soil or other foreign matter,
second growth, air cracks, cuts, shriveling, sprouts, pitted scabs, surface scabs, powdery
scabs, russet scabs, dry rot, other diseases, insects or worms, mechanical or other means,
or flattened or depressed areas with underlying flesh discoloration; and free from serious
damage caused by hollow heart, wireworm, growth cracks, or internal discoloration other
than hollow heart. Sunburn and silver scurf must not be considered factors that affect the
grading of potatoes. This clause does not apply to hollow heart if the potatoes are labeled
"hollow heart exempt" on the affixed tag or accompanying certificate; and
new text end

new text begin (2) for round or intermediate shaped varieties, the maximum potato size is 12 ounces
(340.2 grams) and, unless otherwise specified, the minimum size must not be less than 1-1/2
inches (38.1 millimeters) in diameter. For long varieties, the maximum size is 14 ounces
(396.9 grams) and, unless otherwise specified, the minimum size must not be less than 1-1/2
inches (38.1 millimeters) in diameter. For all varieties, the minimum diameter for size "B"
must not be less than 1-1/2 inches (38.1 millimeters) and the maximum size must not be
more than 2-1/4 inches (57.1 millimeters) in diameter. The department may grade potatoes
that do not meet the maximum and minimum size specifications as Minnesota
blue-tag-certified seed potatoes if the buyer agrees to accept potatoes of alternate size
specifications from the grower and the specifications are listed on the affixed tag or
accompanying bulk certificate issued by the department.
new text end

new text begin (b) To allow for variations incident to proper grading and handling, the following lot
tolerances are permitted:
new text end

new text begin (1) for defects:
new text end

new text begin (i) up to ten percent of a lot may be seriously damaged by hollow heart, unless labeled
"hollow heart exempt" on the affixed tag or accompanying certificate;
new text end

new text begin (ii) up to five percent of a lot may be seriously damaged by internal discoloration due
to causes other than hollow heart;
new text end

new text begin (iii) up to ten percent of a lot may be damaged by soil or other foreign matter;
new text end

new text begin (iv) up to 20 percent of a lot may be damaged by sprouts;
new text end

new text begin (v) up to ten percent of a lot may be seriously damaged by wireworm;
new text end

new text begin (vi) for potatoes that fail to meet the remaining requirements of the potatoes' grade, a
lot may contain up to a total of six percent of the following defects combined and must not
contain more than the following percentage of defects:
new text end

new text begin (A) soft rot, frozen, or wet breakdown, 0.5 percent;
new text end

new text begin (B) damage by surface scab, powdery scab, or pitted scab, 2.0 percent;
new text end

new text begin (C) damage by dry rot, 2.0 percent, of which not more than 1.0 percent is late blight
tuber rot;
new text end

new text begin (D) bacterial ring rot, 0.0 percent; and
new text end

new text begin (E) late blight tuber rot, 1.0 percent; and
new text end

new text begin (vii) the presence of the following does not affect seed quality and must not be scored
against the potatoes' grade:
new text end

new text begin (A) brown discoloration following skinning;
new text end

new text begin (B) dried stems;
new text end

new text begin (C) flattened or depressed areas showing no underlying flesh discoloration;
new text end

new text begin (D) greening;
new text end

new text begin (E) sunburn;
new text end

new text begin (F) skin checks; and
new text end

new text begin (G) silver scurf; and
new text end

new text begin (2) for off size:
new text end

new text begin (i) up to five percent of potatoes may fail to meet the required or specified minimum
size; and
new text end

new text begin (ii) up to ten percent of potatoes may fail to meet the required maximum size.
new text end

new text begin Subd. 8. new text end

new text begin Minnesota yellow-tag-certified seed potato grade. new text end

new text begin (a) To be graded as
Minnesota yellow-tag-certified seed potatoes, potatoes must meet the following requirements:
new text end

new text begin (1) at the time of the shipping point inspection, the potatoes must be of one variety;
unwashed; fairly well-shaped; free from bacterial ring rot, late blight, freezing, black heart,
and soft rot or wet breakdown; free from damage caused by second growth, air cracks, cuts,
shriveling, pitted scabs, surface scabs, powdery scabs, dry rot, other diseases, insects or
worms, or mechanical means or other means; and free from serious damage caused by soil
or other foreign matter, hollow heart, wireworm, growth cracks, russet scabs, or internal
discoloration other than hollow heart. Sunburn and silver scurf must not be considered
factors that affect the grading of potatoes. This clause does not apply to hollow heart if
labeled "hollow heart exempt" on the affixed tag or accompanying certificate; and
new text end

new text begin (2) for all varieties, the maximum potato size is 14 ounces (396.9 grams) and the
minimum size is 1-1/2 inch (38.1 millimeter) in diameter. For all varieties, the minimum
diameter for size "B" must not be less than 1-1/2 inches (38.1 millimeters) and the maximum
diameter must not be more than 2-1/4 inches (57.1 millimeters). The department may grade
potatoes that do not meet the maximum and minimum size specifications as Minnesota
yellow-tag-certified seed potatoes if the buyer agrees to accept potatoes with alternate size
specifications from the grower and the size specifications are listed on the affixed tag or
accompanying bulk certificate issued by the department.
new text end

new text begin (b) To allow for variations incident to proper grading and handling, the following lot
tolerances are permitted:
new text end

new text begin (1) for defects:
new text end

new text begin (i) up to 20 percent of potatoes may be seriously damaged by hollow heart, unless labeled
"hollow heart exempt" on the affixed tag or accompanying certificate;
new text end

new text begin (ii) up to five percent of potatoes may be seriously damaged by internal discoloration
due to a cause other than hollow heart;
new text end

new text begin (iii) up to ten percent of potatoes may be seriously damaged by soil or other foreign
matter;
new text end

new text begin (iv) up to ten percent of potatoes may be seriously damaged by wireworm;
new text end

new text begin (v) up to 20 percent of a lot may have defects if the potatoes fail to meet the remaining
requirements of the grade. Of the 20 percent of defects allowed, a lot may contain a total
of six percent of the following defects combined and must not contain more than the
following percentage of defects:
new text end

new text begin (A) soft rot, frozen, or wet breakdown, 0.5 percent;
new text end

new text begin (B) damage by surface scab, powdery scab, or pitted scab, 5.0 percent;
new text end

new text begin (C) damage by dry rot, 2.0 percent, of which not more than 1.0 percent is late blight
tuber rot;
new text end

new text begin (D) bacterial ring rot, 0.0 percent; and
new text end

new text begin (E) late blight tuber rot, 1.0 percent; and
new text end

new text begin (vi) the presence of the following does not affect seed quality and must not be scored
against the grade:
new text end

new text begin (A) brown discoloration following skinning;
new text end

new text begin (B) dried stems;
new text end

new text begin (C) flattened or depressed areas showing no underlying flesh discoloration;
new text end

new text begin (D) greening;
new text end

new text begin (E) sunburn;
new text end

new text begin (F) skin checks;
new text end

new text begin (G) silver scurf; and
new text end

new text begin (H) sprouts; and
new text end

new text begin (2) for off size:
new text end

new text begin (i) five percent for potatoes that fail to meet the required or specified minimum size;
and
new text end

new text begin (ii) ten percent for potatoes that fail to meet the required maximum size.
new text end

new text begin (c) The potatoes must be fairly well-shaped, with an exception for long varieties when
specified as "except for shape." When specified as "except for shape," the tubers may be
misshapen.
new text end

new text begin Subd. 9. new text end

new text begin Minnesota white-tag-certified seed potato grade. new text end

new text begin Minnesota white-tag-certified
seed potato grade consists of certified seed potatoes that are graded according to agreement
between the seller and the purchaser as to size and defects, except that not more than one-half
percent of soft rot, frozen, or wet breakdown and two percent dry rot, of which not more
than one percent late blight tuber rot is allowed.
new text end

Sec. 31.

Minnesota Statutes 2024, section 21.891, subdivision 2, is amended to read:

Subd. 2.

Seed fee permits.

(a) A labeler who wishes to sell seed in Minnesota must
comply with section 21.89, subdivisions 1 and 2, and the procedures in this subdivision.
Each labeler who wishes to sell seed in Minnesota must apply to the commissioner to obtain
a permit. The application must contain the name and address of the applicant, the application
date, and the name and title of the applicant's contact person. Permit fees are based on the
initial sale of seed in Minnesota.

(b) The application for a seed permit covered by section 21.89, subdivision 2, clause
(1), must be accompanied by an application fee of $75.

(c) The application for a seed permit covered by section 21.89, subdivision 2, clause
(2), must be accompanied by an application fee based on the level of annual gross sales as
follows:

(1) for gross sales of $0 to $25,000, the annual permit fee is $75;

(2) for gross sales of $25,001 to $50,000, the annual permit fee is $150;

(3) for gross sales of $50,001 to $100,000, the annual permit fee is $300;

(4) for gross sales of $100,001 to $250,000, the annual permit fee is $750;

(5) for gross sales of $250,001 to $500,000, the annual permit fee is $1,500;

(6) for gross sales of $500,001 to $1,000,000, the annual permit fee is $3,000; and

(7) for gross sales of $1,000,001 and above, the annual permit fee is $4,500.

(d) The application for a seed permit covered by section 21.89, subdivision 2, clause
(3), must be accompanied by an application fee of $75. Labelers holding seed fee permits
covered under this paragraph need not apply for a new permit or pay the application fee.
Under this permit category, the fees for the following kinds of agricultural seed sold either
in bulk or containers are:

(1) oats, wheat, and barley, 9 cents per hundredweight;

(2) rye, field beans, buckwheat, and flax, 12 cents per hundredweight;

(3) field corn, 17 cents per 80,000 seed unit;

(4) forage, hemp, lawn and turf grasses, and legumes, 69 cents per hundredweight;

(5) sunflower, $1.96 per hundredweight;

(6) sugar beet, 12 cents per 100,000 seed unit;

(7) soybeans, 7.5 cents per 140,000 seed unit;

(8) for any agricultural seed not listed in clauses (1) to (7), the fee for the crop most
closely resembling it in normal planting rate applies; and

(9) for native grasses and wildflower seed, $1 per hundredweight.

(e) If, for reasons beyond the control and knowledge of the labeler, seed is shipped into
Minnesota by a person other than the labeler, the responsibility for the seed fees are
transferred to the shipper. An application for a transfer of this responsibility must be made
to the commissioner. Upon approval by the commissioner of the transfer, the shipper is
responsible for payment of the seed permit fees.

(f) Seed permit fees may be included in the cost of the seed either as a hidden cost or as
a line item cost on each invoice for seed sold. To identify the fee on an invoice, the words
"Minnesota seed permit fees" must be used.

(g) All seed fee permit holders must file semiannual reports with the commissioner,
even if no seed was sold during the reporting period. Each semiannual report must be
submitted within 30 days of the end of each reporting period. The reporting periods deleted text begin are
October 1 to March 31 and April 1 to September 30 of each year or July 1 to December 31
and January 1 to June 30 of each year deleted text end new text begin must be determined by the commissioner and
communicated annually to permit holders new text end . Permit holders may change their reporting periods
with the approval of the commissioner.

(h) The holder of a seed fee permit must pay fees on all seed for which the permit holder
is the labeler and which are covered by sections 21.80 to 21.92 and sold during the reporting
period.

(i) If a seed fee permit holder fails to submit a semiannual report and pay the seed fee
within 30 days after the end of each reporting period, the commissioner shall assess a penalty
of $100 or eight percent, calculated on an annual basis, of the fee due, whichever is greater,
but no more than $500 for each late semiannual report. A $15 penalty must be charged when
the semiannual report is late, even if no fee is due for the reporting period. Seed fee permits
may be revoked for failure to comply with the applicable provisions of this paragraph or
the Minnesota seed law.

Sec. 32.

Minnesota Statutes 2025 Supplement, section 28A.04, subdivision 1, is amended
to read:

Subdivision 1.

Application; date of issuance.

(a) Except as provided under section
28A.152, no person deleted text begin shall deleted text end new text begin may new text end engage in the business of manufacturing, processing, selling,
handling, or storing food without having first obtained from the commissioner a license for
doing such business. Applications for such license deleted text begin shall deleted text end new text begin must new text end be made to the commissioner
in such manner and time as required and upon such forms as provided by the commissioner
and deleted text begin shall deleted text end new text begin must new text end contain the name and address of the applicant, address or description of each
place of business, and the nature of the business to be conducted at each place, and such
other pertinent information as the commissioner may require.

(b) An applicant for a license must submit a nonrefundable application fee of $50 with
each license application. The fee under this paragraph does not apply to annual license
renewals. The fee under this paragraph is not required for applications to operate solely as
a special event food stand or custom exempt food handler.

(c) A food handler license deleted text begin shall deleted text end new text begin must new text end be issued for the period January 1 to December
31 and deleted text begin shall deleted text end new text begin must new text end be renewed thereafter by the licensee on or before January 1 of each year,
except that:

(1) retail and wholesale food handler licenses issued for the period of July 1, 2025, to
June 30, 2026, must be renewed on or before July 1, 2026, for the period of July 1, 2026,
to December 31, 2026. The renewal fee for the period of July 1, 2026, to December 31,
2026, is one-half of the fee for a food handler specified in section 28A.08, subdivision 3;

(2) licenses for all mobile food concession units and retail mobile units must be issued
for the period April 1 to March 31, and must be renewed thereafter by the licensee on or
before April 1 of each year. A license issued for a temporary food concession stand must
have a license issuance and renewal date consistent with appropriate statutory provisions;
and

(3) a license for a food handler operating only at the State Fair must be issued for the
period of July 1 to June 30 and must be renewed thereafter by the licensee on or before July
1 of each year.

(d) A penalty for late renewal under paragraph deleted text begin (b) deleted text end new text begin (c) new text end must be assessed in accordance
with section 28A.08.

(e) A custom exempt food handler license deleted text begin shall deleted text end new text begin must new text end be issued for the period July 1 to
June 30 and must be renewed thereafter by the licensee on or before July 1 each year. The
custom exempt food handler license is for businesses that only conduct custom exempt
operations and mark all products as "Not For Sale." Food handlers that conduct retail exempt
operations or other operations other than custom exempt processing or slaughter are not
eligible for this license.

(f) On a quarterly basis during the licensing period, the commissioner must prorate the
fee for an initial license issued under this chapter, except that new text begin :
new text end

new text begin (1) new text end a person applying for a new license up to 14 calendar days before the effective date
of the new license period under paragraph (c) must be issued a license for the 14 days and
the next license year as a single license and pay a single license fee as if the 14 days were
part of the upcoming license period deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) a person applying for a license to operate as a special event food stand must pay the
entire fee specified in section 28A.08, subdivision 3, regardless of when the application is
filed.
new text end

Sec. 33.

Minnesota Statutes 2024, section 28A.0752, is amended to read:

28A.0752 DELEGATION OF POWERS AND DUTIES.

Subdivision 1.

Agreements to perform duties of commissioner.

(a) new text begin The commissioner
may enter into new text end agreements to delegate deleted text begin licensing and inspection deleted text end duties new text begin of the commissioner
to community health boards new text end pertaining to deleted text begin retail deleted text end food handlers deleted text begin shall deleted text end new text begin whose primary mode
of business is to sell or to process and sell food directly to the ultimate consumer. An
agreement under this section may new text end include new text begin duties of new text end licensing, inspection, reporting, and
enforcement deleted text begin duties deleted text end authorized under deleted text begin sections deleted text end new text begin this chapter and chapters 29 and 30; section new text end
17.04 deleted text begin , 29.21, 29.23, 29.235, 29.236, 29.237, 29.24, 29.25, 29.26, 29.27, and 30.49, deleted text end new text begin ; new text end
appropriate sections of the Minnesota Food Law, chapters 31 and 34A deleted text begin , deleted text end new text begin ; new text end and applicable
Minnesota food rules.

(b) Agreements new text begin under this section new text end are subject to subdivision 3.

(c) deleted text begin This subdivision does not affect agreements entered into under section 28A.075 or
current cooperative agreements which base inspections and licensing responsibility on the
firm's most predominant mode of business. deleted text end new text begin The commissioner must not delegate duties
under this section pertaining to custom exempt food handlers and food handlers inspected
under the state meat inspection program under chapter 31A.
new text end

new text begin (d) The commissioner must not delegate duties under this section pertaining to food
handlers whose principal mode of business is to sell food to other business entities or
establishments for resale.
new text end

new text begin (e) The commissioner must not delegate duties under this section pertaining to food
handlers who conduct activities regulated under Code of Federal Regulations, title 21, part
111; 112; 113; 114; 117, subpart C; 120; or 123.
new text end

Subd. 2.

Approval of agreements.

new text begin (a) new text end An agreement new text begin under this section new text end to delegate
deleted text begin licensing and inspection of retail food handlers deleted text end new text begin duties new text end to a community health board must
be approved by the commissioner deleted text begin and is subject to subdivision 3 deleted text end .

new text begin (b) An agreement to delegate the commissioner's duties to a designated agent established
before January 1, 2025, remains in effect if the designated agent's performance continues
to meet the standards necessary to substitute for the commissioner's duties and complies
with the requirements of subdivisions 1 and 3.
new text end

Subd. 3.

Terms of agreements.

(a) Agreements authorized under this section must be
in writing and signed by the deleted text begin delegating authority deleted text end new text begin commissioner new text end and the designated agent.

(b) deleted text begin The deleted text end new text begin An new text end agreement new text begin under this section new text end must list criteria new text begin that new text end the deleted text begin delegating authority deleted text end new text begin
commissioner new text end will use to determine if the designated agent's performance meets appropriate
standards and is sufficient to replace performance by the deleted text begin delegating authority deleted text end new text begin commissioner new text end .

(c) deleted text begin The deleted text end new text begin An new text end agreement new text begin under this section new text end may specify minimum staff requirements and
qualifications, set procedures for the assessment of costs, and provide for termination
procedures if the deleted text begin delegating authority deleted text end new text begin commissioner new text end determines that the designated agent
has failed to comply with the agreement.

new text begin (d) A designated agent must operate according to the requirements of section 28A.06.
new text end

new text begin (e) By December 31, 2028, a designated agent that entered into an agreement to delegate
the commissioner's duties to the designated agent before January 1, 2025, must comply with
section 28A.06.
new text end

deleted text begin (d) deleted text end new text begin (f) new text end The deleted text begin delegating authority deleted text end new text begin commissioner new text end and the designated agent are required to
perform inspections utilizing the Minnesota Food Code's minimum and maximum standards.

deleted text begin (e) deleted text end new text begin (g) new text end A designated agent must not perform licensing, inspection, new text begin reporting, new text end or
enforcement duties under deleted text begin the deleted text end new text begin an new text end agreement new text begin under this section new text end in new text begin a new text end territory outside its
jurisdiction unless approved by the commissioner and governing body for that territory
through a separate agreement.

new text begin (h) A designated agent may charge a fee to recover the estimated costs of performing
duties according to terms of an agreement under this section if the duties involve enforcing
the Minnesota Food Law and applicable Minnesota food rules. The fee charged by the
designated agent must be fair, reasonable, and proportionate to the actual cost of the duties
performed by the designated agent. A designated agent must only use a fee under this
paragraph to cover the costs of performing duties according to terms of the agreement under
this section.
new text end

deleted text begin (f) deleted text end new text begin (i) new text end The scope of agreements established under this section is limited to duties and
responsibilities agreed upon by the parties. The agreement may provide for automatic
renewal and for notice of intent to terminate by either party.

deleted text begin (g) deleted text end new text begin (j) new text end During the life of deleted text begin the deleted text end new text begin an new text end agreement new text begin under this section new text end , the deleted text begin delegating authority
shall deleted text end new text begin commissioner must new text end not perform duties that the designated agent is required to perform
under the agreement, except inspections necessary to determine compliance with the
agreement and this section or as agreed to by the parties.

deleted text begin (h) deleted text end new text begin (k) new text end The deleted text begin delegating authority shall deleted text end new text begin commissioner must new text end consult with, advise, and assist
a designated agent in the performance of its duties under the agreement.

deleted text begin (i) deleted text end new text begin (l) new text end This section does not alter the responsibility of the deleted text begin delegating authority deleted text end new text begin
commissioner new text end for the performance of duties specified by law and rule.

Sec. 34.

Minnesota Statutes 2025 Supplement, section 28A.08, subdivision 3, is amended
to read:

Subd. 3.

Fees effective August 1, 2025.

					Penalties
	Type of food handler		Risk Category	License Fee	Late Renewal	No License
1.	Custom exempt food handler
	(a) Having $50,000 or less gross sales or service for the immediately previous license or fiscal year			$135	$45	$90
	(b) Having $50,001 to $125,000 gross sales or service for the immediately previous license or fiscal year			$200	$67	$133
	(c) Having $125,001 to $500,000 gross sales or service for the immediately previous license or fiscal year			$370	$123	$247
	(d) Having $500,001 to $1,000,000 gross sales or service for the immediately previous license or fiscal year			$475	$158	$317
	(e) Having $1,000,001 to $5,000,000 gross sales or service for the immediately previous license or fiscal year			$1,350	$450	$900
	(f) Having $5,000,001 to $10,000,000 gross sales or service for the immediately previous license or fiscal year			$1,750	$583	$1,167
	(g) Having $10,000,001 to $15,000,000 gross sales or service for the immediately previous license or fiscal year			$2,150	$717	$1,433
	(h) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year			$2,550	$849	$1,700
	(i) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year			$2,950	$984	$1,967
	(j) Having over $25,000,001 gross sales or service for the immediately previous license or fiscal year			$3,350	$1,117	$2,233
2.	Food handler
	(a) Having gross sales of only prepackaged nonperishable food of less than $30,000 for the immediately previous license or fiscal year and filing a statement with the commissioner			$90	$30	$60
	(b) Having gross sales or service of less than $50,000 for the immediately previous license or fiscal year		High Medium Low	$285 $195 $135	$95 $65 $45	$190 $130 $90
	(c) Having $50,001 to $125,000 gross sales or service for the immediately previous license or fiscal year		High Medium Low	$350 $260 $200	$117 $87 $67	$233 $173 $133
	(d) Having $125,001 to $250,000 gross sales or service for the immediately previous license or fiscal year		High Medium Low	$415 $350 $265	$138 $117 $88	$277 $233 $177
	(e) Having $250,001 to $500,000 gross sales or service for the immediately previous license or fiscal year		High Medium Low	$520 $430 $370	$173 $143 $123	$347 $287 $247
	(f) Having $500,001 to $1,000,000 gross sales or service for the immediately previous license or fiscal year		High Medium Low	$625 $535 $475	$208 $178 $158	$417 $357 $317
	(g) Having $1,000,001 to $5,000,000 gross sales or service for the immediately previous license or fiscal year		High Medium Low	$1,500 $1,425 $1,350	$500 $475 $450	$1,000 $950 $900
	(h) Having $5,000,001 to $10,000,000 gross sales or service for the immediately previous license or fiscal year		High Medium Low	$1,900 $1,825 $1,750	$633 $608 $583	$1,267 $1,217 $1,167
	(i) Having $10,000,001 to $15,000,000 gross sales or service for the immediately previous license or fiscal year		High Medium Low	$2,300 $2,225 $2,150	$767 $742 $717	$1,533 $1,483 $1,433
	(j) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year		High Medium Low	$2,700 $2,625 $2,550	$900 $875 $849	$1,800 $1,750 $1,700
	(k) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year		High Medium Low	$3,100 $3,025 $2,950	$1,033 $1,008 $984	$2,067 $2,017 $1,967
	(l) Having $25,000,001 to $50,000,000 gross sales or service for the immediately previous license or fiscal year		High Medium Low	$3,500 $3,425 $3,350	$1,167 $1,142 $1,117	$2,333 $2,283 $2,233
	(m) Having $50,000,001 to $100,000,000 gross sales or service for the immediately previous license or fiscal year		High Medium Low	$4,000 $3,925 $3,850	$1,334 $1,309 $1,284	$2,667 $2,617 $2,567
	(n) Having $100,000,001 or more gross sales or service for the immediately previous license or fiscal year		High Medium Low	$4,500 $4,425 $4,350	$1,500 $1,475 $1,450	$3,000 $2,950 $2,900
3.	Food handler operating under authority of this chapter solely as a special event food stand as defined in Minnesota Statutes, section 157.15			$75	deleted text begin $25 deleted text end	$50
4.	Meat or poultry processing solely under supervision of the U.S. Department of Agriculture
	(a) Having gross sales or service of less than $125,000 for the immediately previous license or fiscal year			$190	$63	$127
	(b) Having $125,001 to $250,000 gross sales or service for the immediately previous license or fiscal year			$365	$122	$243
	(c) Having $250,001 to $500,000 gross sales or service for the immediately previous license or fiscal year			$450	$150	$300
	(d) Having $500,001 to $1,000,000 gross sales or service for the immediately previous license or fiscal year			$565	$188	$377
	(e) Having $1,000,001 to $5,000,000 gross sales or service for the immediately previous license or fiscal year			$725	$241	$483
	(f) Having $5,000,001 to $10,000,000 gross sales or service for the immediately previous license or fiscal year			$885	$295	$590
	(g) Having $10,000,001 to $15,000,000 gross sales or service for the immediately previous license or fiscal year			$1,305	$435	$807
	(h) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year			$1,515	$505	$1,010
	(i) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year			$1,745	$582	$1,163
	(j) Having $25,000,001 to $50,000,000 gross sales or service for the immediately previous license or fiscal year			$1,975	$658	$1,317
	(k) Having $50,000,001 to $100,000,000 gross sales or service for the immediately previous license or fiscal year			$2,215	$738	$1,477
	(l) Having $100,000,001 or more gross sales or service for the immediately previous license or fiscal year			$2,465	$822	$1,643

Sec. 35.

Minnesota Statutes 2024, section 32D.30, subdivision 5, is amended to read:

Subd. 5.

Reporting.

No later than deleted text begin July 1 deleted text end new text begin September 15 of new text end each new text begin even-numbered new text end year,
the commissioner must submit a detailed accomplishment report and work plan detailing
future plans for, and the actual and anticipated accomplishments from, expenditures under
this section to the chairs and ranking minority members of the legislative committees and
divisions with jurisdiction over agriculture policy and finance. If the commissioner
significantly modifies a submitted work plan deleted text begin during the fiscal year deleted text end , the commissioner must
notify the chairs and ranking minority members.

Sec. 36.

Minnesota Statutes 2024, section 41A.19, is amended to read:

41A.19 REPORT; INCENTIVE PROGRAMS.

deleted text begin By January 15 deleted text end Each year, the commissioner shall report on the incentive programs under
sections 41A.16, 41A.17, 41A.18, and 41A.20 to the legislative committees with jurisdiction
over environment and agriculture policy and finance new text begin in the report under section 41A.12,
subdivision 3 new text end . The report shall include information on production and incentive expenditures
under the programs.

Sec. 37.

Minnesota Statutes 2024, section 41B.048, subdivision 2, is amended to read:

Subd. 2.

Establishment.

The authority shall establish and implement an agroforestry
loan program to help finance the production of short rotation woody crops new text begin , agroforestry
crops, agroforestry systems, such as silvopasture and alley systems, and other systems new text end .

Sec. 38.

Minnesota Statutes 2024, section 41B.048, subdivision 4, is amended to read:

Subd. 4.

Definitions.

(a) The definitions in this subdivision apply to this section.

new text begin (b) "Agroforestry" has the meaning given in section 17.458, subdivision 1.
new text end

new text begin (c) "Agroforestry system" means an agricultural production system that integrates trees,
shrubs, or other woody perennial species or animals into the system, with the intention to
harvest wood, food, feed, medicinal products, or other products from the system.
new text end

deleted text begin (b) deleted text end new text begin (d) new text end "Growing cycle" means the number of years from planting to harvest.

deleted text begin (c) deleted text end new text begin (e) new text end "Harvest" means the day that the crop arrives at the scale of the buyer of the crop.

deleted text begin (d) deleted text end new text begin (f) new text end "Short rotation woody crops" or "crop" means hybrid poplar and other woody
plants that are harvested for their fiber within 15 years of planting.

Sec. 39.

Minnesota Statutes 2024, section 41B.048, subdivision 5, is amended to read:

Subd. 5.

Eligibility new text begin for growers of short rotation woody crops new text end .

To be eligible for this
program new text begin , new text end a borrower must:

(1) be a resident of Minnesota or any entity eligible to own farm land under section
500.24;

(2) be or plan to become a grower of short rotation woody crops on agricultural land
that is suitable for the profitable production of short rotation woody crops;

(3) be a member of a producer-owned cooperative that will contract to market the short
rotation woody crop to be planted by the borrower;

(4) demonstrate an ability to repay the loan;

(5) not receive assistance under this program for more than $150,000 in the producer's
lifetime;

(6) agree to work with appropriate local, state, and federal agencies, and the marketing
cooperative, to develop an acceptable establishment and maintenance plan;

(7) agree not to plant short-rotation woody crops within one-quarter of a mile of state
or federally protected prairie; and

(8) meet any other requirements the authority may impose by administrative procedure
or by rule.

Sec. 40.

Minnesota Statutes 2024, section 41B.048, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Eligibility for agroforestry systems and practices. new text end

new text begin To be eligible for this
program, a borrower must:
new text end

new text begin (1) be a resident of Minnesota or any entity eligible to own farm land under section
500.24;
new text end

new text begin (2) be a farmer or agricultural landowner implementing: (i) the use of an agroforestry
system, such as a silvopasture or an alley system, on agricultural land; or (ii) the use of
agroforestry practices, such as biochar processing, on agricultural land;
new text end

new text begin (3) demonstrate an ability to repay the loan;
new text end

new text begin (4) not receive assistance under this program for more than $150,000 in the producer's
lifetime; and
new text end

new text begin (5) meet any other requirements the authority may impose by administrative procedure
or by rule.
new text end

Sec. 41.

Minnesota Statutes 2024, section 41B.048, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Loans for agroforestry systems and practices. new text end

new text begin (a) The authority may
participate with eligible lenders in agroforestry loans to farmers and agricultural landowners
who are eligible under subdivision 5a. The authority's participation is limited to 45 percent
or $75,000 of total accumulative principal per loan.
new text end

new text begin (b) The interest rates and repayment terms of the authority's participation interest may
differ from those of the lender's retained portion of the loan.
new text end

new text begin (c) Standards for loan amortization must be set by the Rural Finance Authority and must
not exceed ten years.
new text end

new text begin (d) Security for the loan must be a personal note executed by the borrower and whatever
other security is required by the eligible lender or the authority.
new text end

new text begin (e) The authority may prescribe forms and establish an application process for applicants
to apply for a loan.
new text end

new text begin (f) The authority may impose a reasonable, nonrefundable application fee for each
application for an agroforestry loan under this program. The authority may review the fee
annually and make adjustments as necessary. The initial application fee is $50. Application
fees received by the authority must be deposited in the Rural Finance Authority administrative
account established in section 41B.03.
new text end

new text begin (g) Loans under this program must be made using money in the revolving loan account
established in section 41B.06.
new text end

new text begin (h) All repayments of financial assistance granted under this section, including principal
and interest, must be deposited into the revolving loan account established under section
41B.06.
new text end

new text begin (i) The interest payable on loans for the agroforestry loan program must be at a rate
determined by the authority.
new text end

Sec. 42. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 18K.02, subdivision 7; 18K.03, subdivision 2; and
28A.075, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 26-08002

18K.02 DEFINITIONS.

Subd. 7.

Processor.

"Processor" means a person or business that converts raw hemp into a product.

18K.03 AGRICULTURAL CROP; POSSESSION AUTHORIZED.

Subd. 2.

Sale to medical cannabis manufacturers.

A licensee under this chapter may sell hemp products derived from industrial hemp grown in this state to medical cannabis manufacturers as authorized under sections 152.22 to 152.37.

28A.075 DELEGATION TO LOCAL COMMUNITY HEALTH BOARD.

(a) At the request of a local community health board that licensed and inspected grocery and convenience stores on January 1, 1999, the commissioner must enter into agreements before January 1, 2001, with local community health boards to delegate to the appropriate local community health board the licensing and inspection duties of the commissioner pertaining to retail food handlers that are grocery or convenience stores. At the request of a local community health board that licensed and inspected part of any grocery or convenience store on January 1, 1999, the commissioner must enter into agreements before July 1, 2001, with local community health boards to delegate to the appropriate local community health board the licensing and inspection duties of the commissioner pertaining to retail food handlers that are grocery or convenience stores. At any time thereafter, the commissioner may enter into an agreement with a local community health board that licensed and inspected all or part of any grocery or convenience store on January 1, 1999, to delegate to the appropriate local community health board the licensing and inspection duties of the commissioner pertaining to retail food handlers such as grocery or convenience stores. Retail food handlers inspected under the state meat inspection program of chapter 31A are exempt from delegation.

(b) A local community health board must adopt an ordinance consistent with the Minnesota Food Code, Minnesota Rules, chapter 4626, for all of its jurisdiction to regulate retail food handlers and the ordinance (Food Code) must not be in conflict with standards set in law or rule.

(c) A fee to recover the estimated costs of enforcement of this chapter must be established by ordinance and must be fair, reasonable, and proportionate to the actual cost of the licensing and inspection services. The fee must only be maintained and used for the estimated costs of enforcing this chapter.