SF 4561

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/26/2026 09:52 a.m.

A bill for an act
relating to agriculture; modifying agriculture policy provisions; amending
Minnesota Statutes 2024, sections 17.81, by adding a subdivision; 18.77,
subdivision 12, by adding subdivisions; 18.771; 18.79, subdivision 2; 18.81,
subdivision 3; 18.82; 18.83, subdivision 3; 18.86; 18.91, subdivision 2; 18C.005,
subdivisions 6, 6a, 25, 33, by adding a subdivision; 28A.0752; Minnesota Statutes
2025 Supplement, sections 18.79, subdivision 3; 28A.04, subdivision 1; 28A.08,
subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 18C;
repealing Minnesota Statutes 2024, sections 18.77, subdivision 14; 28A.075.

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

Section 1.

Minnesota Statutes 2024, section 17.81, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Agrivoltaic system. new text end

new text begin "Agrivoltaic system" means the simultaneous integration
of farming, as defined in section 41C.02, subdivision 10, and solar energy generation on
the same land.
new text end

Sec. 2.

Minnesota Statutes 2024, section 18.77, is amended by adding a subdivision to
read:

new text begin Subd. 3b. new text end

new text begin Cultivated variety or cultivar. new text end

new text begin "Cultivated variety" or "cultivar" means a
named plant variety that is clonally propagated to maintain genetic uniformity.
new text end

Sec. 3.

Minnesota Statutes 2024, section 18.77, is amended by adding a subdivision to
read:

new text begin Subd. 11a. new text end

new text begin Plant variety. new text end

new text begin "Plant variety" means a more precisely defined group of plants,
selected from within a species, with a common set of characteristics.
new text end

Sec. 4.

Minnesota Statutes 2024, section 18.77, is amended by adding a subdivision to
read:

new text begin Subd. 11b. new text end

new text begin Propagate. new text end

new text begin "Propagate" means to cause or continue to increase by sexual or
asexual reproduction. Propagate includes but is not limited to germination by seed;
regeneration of vegetative parts such as roots, stems, or leaves; and the removal of plants
from one location and replanting at another location.
new text end

Sec. 5.

Minnesota Statutes 2024, section 18.77, subdivision 12, is amended to read:

Subd. 12.

Propagating parts.

"Propagating parts" means all plant parts deleted text begin , including seeds, deleted text end
that are capable of producing new plants.

Sec. 6.

Minnesota Statutes 2024, section 18.77, is amended by adding a subdivision to
read:

new text begin Subd. 18. new text end

new text begin Reasonable grounds. new text end

new text begin "Reasonable grounds" means a report, a complaint,
direct observation, or circumstantial evidence, such as the nearby presence of noxious weeds,
a history of noxious weed infestation, or other evidence from which a reasonable person
acting in good faith might infer the presence of noxious weeds.
new text end

Sec. 7.

Minnesota Statutes 2024, section 18.771, is amended to read:

18.771 NOXIOUS WEED CATEGORIES.

new text begin Subdivision 1. new text end

new text begin Noxious weed categories. new text end

(a) For purposes of designation under section
18.79, subdivision 13, noxious weed category means each of the following categories:

(1) the prohibited-eradicate noxious weeds category;

(2) the prohibited-control noxious weeds category;

(3) the restricted noxious weeds category;

(4) the specially regulated plants category; and

(5) the county noxious weeds category.

(b) The "prohibited-eradicate noxious weeds" category includes noxious weeds that
must be eradicated on all lands within the state. deleted text begin Transportation of the propagating parts of
prohibited-eradicate noxious weeds is prohibited except as allowed under section 18.82.
deleted text end Prohibited-eradicate noxious weeds deleted text begin may deleted text end new text begin and their propagating parts must new text end not be new text begin imported
into Minnesota, new text end sold deleted text begin or deleted text end new text begin , new text end propagated new text begin , or transported new text end in Minnesota new text begin , except as allowed under
section 18.82 new text end . Noxious weeds that are designated as prohibited-eradicate noxious weeds
and placed on the prohibited-eradicate noxious weeds list are plants that are not currently
known to be present in Minnesota or are not widely established in the state. All
prohibited-eradicate noxious weeds must be eradicated.

(c) The "prohibited-control noxious weeds" category includes noxious weeds that must
be controlled on all lands within the state. deleted text begin Transportation of the propagating parts of
prohibited-control noxious weeds is prohibited deleted text end new text begin Prohibited-control noxious weeds and their
propagating parts must not be imported into Minnesota or sold, propagated, or transported
in the state, new text end except as allowed under section 18.82. deleted text begin Prohibited-control noxious weeds may
not be propagated or sold in Minnesota. deleted text end Noxious weeds that are designated as
prohibited-control noxious weeds and placed on the prohibited-control noxious weeds list
are plants that are already established throughout the state or regions of the state. At a
minimum, these species must be controlled in a way that prevents spread of these species
by seed or vegetative means.

(d) The "restricted noxious weeds" category includes noxious weeds and their propagating
parts that deleted text begin may deleted text end new text begin must new text end not be new text begin propagated, new text end imported new text begin into Minnesota new text end , sold, or transported in the
state, except as allowed deleted text begin by permit deleted text end under section 18.82. Noxious weeds that are designated
as restricted and placed on the restricted list may be plants that are widely distributed in
Minnesota and for which a requirement of eradication or control would not be feasible on
a statewide basis using existing practices. new text begin The commissioner may establish a nursery
production phase-out period for species that will be designated "restricted."
new text end

(e) The "specially regulated plants" category includes noxious weeds deleted text begin that may be native
species or nonnative species deleted text end that have deleted text begin demonstrated economic value deleted text end new text begin clearly defined benefits new text end ,
but also have the potential to cause harm in noncontrolled environments. Plants designated
as specially regulated have been determined to pose ecological, economical, or human or
animal health concerns. Species-specific management plans or rules that define the use and
management requirements for these plants must be developed by the commissioner of
agriculture for each plant designated as specially regulated. The commissioner must also
take measures to minimize the potential for harm caused by these plants.

(f) The "county noxious weeds" category includes noxious weeds that are designated
by individual county boards to be enforced as prohibited noxious weeds within the county's
jurisdiction and must be approved by the commissioner of agriculture, in consultation with
the Noxious Weed Advisory Committee. Each county board must submit newly proposed
county noxious weeds to the commissioner of agriculture for review. Approved county
noxious weeds deleted text begin shall deleted text end new text begin must new text end also be posted with the county's general weed notice prior to May
15 each year. Counties are solely responsible for developing county noxious weed lists and
their enforcement.

new text begin Subd. 2. new text end

new text begin Exemptions. new text end

new text begin The commissioner may designate a specific plant variety, including
a cultivated variety, as exempt from subdivision 1 if the commissioner finds that, based on
credible and sufficient documentation, the variety is bred for low seeding, the variety is
sterile, or, for reasons other than low seeding or sterility, the variety has low invasive
potential.
new text end

Sec. 8.

Minnesota Statutes 2024, section 18.79, subdivision 2, is amended to read:

Subd. 2.

Authorized agents.

deleted text begin County agricultural inspectors may administer and enforce
sections 18.76 to 18.91. A county-designated employee may enforce sections 18.78, 18.82,
18.83, 18.84, 18.86, and 18.87. A county must make the identity of a county-designated
employee described by this subdivision available to the public. deleted text end new text begin County agricultural inspectors,
county-designated employees, local weed inspectors, and assistant weed inspectors serve
as authorized agents of the commissioner for their jurisdictions. A county agricultural
inspector or a county-designated employee must be responsible for the duties and enforcement
of sections 18.78, 18.81, 18.82, 18.83, 18.84, 18.86, and 18.87. A county must make the
identity of a county agricultural inspector or county-designated employee available to the
public. A local weed inspector or the inspector's assistant must be responsible for the duties
and enforcement of sections 18.78, subdivision 1; 18.81, subdivision 2; 18.82; 18.83; 18.84;
18.86; and 18.87 for a municipality.
new text end

Sec. 9.

Minnesota Statutes 2025 Supplement, section 18.79, subdivision 3, is amended to
read:

Subd. 3.

Entry upon land.

To administer and enforce sections 18.76 to 18.91, an
inspector or county-designated employee deleted text begin shall deleted text end new text begin must new text end contact a landowner through direct
communication prior to entering upon the land for a noxious weed inspection. If a landowner
cannot be contacted, an inspector or county-designated employee may enter upon land
without consent of the owner and without being subject to an action for trespass or any
damages. For the purposes of this subdivision, "direct communication" may include contact
with the landowner through an in-person visit, phone call, voice mail, text message, mail,
or email. A landowner deleted text begin cannot deleted text end new text begin must not new text end refuse an inspector or county-designated employee
deleted text begin having probable cause to conduct an inspection for noxious weeds deleted text end new text begin who has reasonable
grounds as defined in section 18.77, subdivision 18, to believe that noxious weeds may be
present new text end on their lands. Within five business days of a completed inspection, the inspector
or county-designated employee deleted text begin shall deleted text end new text begin must new text end provide the landowner with a copy of the
inspection report, including further actions if applicable.

Sec. 10.

Minnesota Statutes 2024, section 18.81, subdivision 3, is amended to read:

Subd. 3.

Nonperformance by inspectors; reimbursement for expenses.

If local weed
inspectors neglect or fail to do their duty as prescribed in this section, the county agricultural
inspector or county-designated employee deleted text begin , in consultation with the commissioner, deleted text end may issue
a notice to the inspector providing instructions on how and when to do their duty. If, after
the time allowed in the notice, the local weed inspector has not complied as directed, the
county agricultural inspector or county-designated employee may consult with the
deleted text begin commissioner deleted text end new text begin county attorney or county board new text end to perform the duty for the local weed
inspector. A claim for the expense of doing the local weed inspector's duty is a legal charge
against the municipality in which the inspector has jurisdiction. The county agricultural
inspector or county-designated employee overseeing the work may file an itemized statement
of costs with the clerk of the municipality in which the work was performed. The municipality
deleted text begin shall deleted text end new text begin must new text end immediately issue proper warrants to the county for the work performed. If the
municipality fails to issue the warrants, the county auditor may include the amount contained
in the itemized statement of costs as part of the next annual tax levy in the municipality and
withhold that amount from the municipality in making its next apportionment.

Sec. 11.

Minnesota Statutes 2024, section 18.82, is amended to read:

18.82 TRANSPORTATION new text begin OR POSSESSION new text end OF NOXIOUS WEED
PROPAGATING PARTS.

Subdivision 1.

Permits new text begin required new text end .

Transporting noxious weed propagating parts new text begin without
a permit on public roads in the state or possessing noxious weed propagating parts in the
state new text end without a permit is prohibited, except as provided in section 21.74.

new text begin Subd. 1a. new text end

new text begin Permits. new text end

new text begin (a) new text end If a person wants to transport noxious weed propagating parts
deleted text begin along deleted text end new text begin on new text end a public deleted text begin roadway deleted text end new text begin road new text end , including materials or equipment containing the propagating
parts of noxious weeds, the person must secure a written permit for transportation from new text begin the
commissioner, new text end an inspector new text begin , new text end or new text begin a new text end county-designated employee. Inspectors or
county-designated employees may issue permits to persons residing or operating within
their jurisdiction. A permit is not required for the transport of noxious weeds for the purpose
of destroying propagating parts at an appropriate disposal site. Anyone transporting noxious
weed propagating parts for the purpose of disposal at an appropriate disposal site deleted text begin shall deleted text end new text begin must new text end
ensure that all materials are contained in a manner that prevents escape during transport
and complies with section 115A.931.

new text begin (b) new text end A person must obtain a permit new text begin from the commissioner new text end before possessing noxious
weeds with propagating parts for research, education and outreach, or other reasons approved
by the commissioner.

Subd. 2.

Conditions of permit issuance.

deleted text begin The following conditions must be met before
a permit under subdivision 1 may be issued: deleted text end new text begin Any person requesting a permit under
subdivision 1a must provide the following information in writing to the commissioner, an
inspector, or a county-designated employee for a specific jurisdiction before the
commissioner, inspector, or county-designated employee issues a permit under this section:
new text end

deleted text begin (1) any material or equipment containing noxious weed propagating parts that is about
to be transported along a public roadway must be in a container that is sufficiently tight and
closed or otherwise covered to prevent the blowing or scattering of the material along the
highway or on other lands or water;
deleted text end

deleted text begin (2) the destination for unloading and the use of the material or equipment containing
noxious weed propagating parts must be stated on the permit along with the method that
will be used to destroy the viability of the propagating parts and thereby prevent the material
being dumped or scattered upon land or water; and
deleted text end

deleted text begin (3) the applicant for a permit for possession of noxious weed propagating parts must
agree to follow the guidelines listed on the permit by the inspector.
deleted text end

new text begin (1) a description of the process that the person will use to ensure that the exterior of any
vehicle or equipment being used for transportation is free from noxious weed materials and
their propagating parts;
new text end

new text begin (2) a description of the manner in which the person will securely contain noxious weed
materials and their propagating parts to prevent the escape of noxious weed materials and
their propagating parts during transport in compliance with section 115A.931;
new text end

new text begin (3) a description of the specific locations where research will occur and a description of
how the location is designed to prevent the escape of noxious weed materials and their
propagating parts;
new text end

new text begin (4) a description of the established processes that the person will use to monitor and
protect research locations from the escape of noxious weed materials and their propagating
parts during research and after the research is completed;
new text end

new text begin (5) a description of the purpose of using noxious weed materials, such as a description
of how the noxious weed materials will be used for education and outreach, and how
containers holding the materials will be designed to prevent the escape of the noxious weed
materials and their propagating parts;
new text end

new text begin (6) a description of the process for destroying noxious weed materials and their
propagating parts after the completion of use according to the permit;
new text end

new text begin (7) a description of the location where noxious weed materials and their propagating
parts will be destroyed after the completion of use according to the permit; and
new text end

new text begin (8) any specific information required by the commissioner.
new text end

Subd. 3.

Duration of permit; new text begin inspection; new text end revocation.

A permit under subdivision deleted text begin 1 deleted text end new text begin 1a new text end
is valid for up to one year after the date it is issued unless otherwise specified by the
new text begin commissioner, new text end inspector new text begin , new text end or county-designated employee issuing the permit. new text begin Any person
receiving a permit must allow inspection by the issuing authority to ensure that all permit
requirements are met. new text end The permit may be revoked if deleted text begin an deleted text end new text begin the commissioner, new text end inspector new text begin , new text end or
county-designated employee determines that the applicant has not complied with this section.

new text begin Subd. 4. new text end

new text begin Appeal of order revoking permit. new text end

new text begin (a) A person must notify the commissioner
in writing within 20 days of receiving the order revoking a permit that the person intends
to contest the order.
new text end

new text begin (b) If a person fails to notify the commissioner within 20 days of receiving the order
revoking a permit that the person intends to contest the order, the order is final and not
subject to further judicial or administrative review.
new text end

new text begin (c) If a person notifies the commissioner that the person intends to contest a revocation
order issued under subdivision 3, the Court of Administrative Hearings must conduct a
hearing in accordance with sections 14.50 to 14.62.
new text end

new text begin (d) A person seeking to appeal a revocation order issued under subdivision 3 for a permit
issued by an inspector or a county-designated employee must file the appeal with the county
appeal committee and follow the process established in section 18.83, subdivision 3,
paragraph (a).
new text end

Sec. 12.

Minnesota Statutes 2024, section 18.83, subdivision 3, is amended to read:

Subd. 3.

Appeal of individual notice new text begin or permit revocation new text end ; appeal committee.

deleted text begin (1) deleted text end new text begin
(a) new text end A recipient of an individual notice may appeal, in writing, the order for control or
eradication of noxious weeds. This appeal must be filed with a member of the appeal
committee in the county where the land is located within two working days of the time the
notice is received. The committee must inspect the land specified in the notice and report
back to the recipient and the inspector or county-designated employee who issued the notice
within five working days, either agreeing new text begin with new text end , disagreeing new text begin with new text end , or revising the order. The
decision may be appealed in district court. If the committee agrees new text begin with new text end or revises the order,
the control or eradication specified in the order, as approved or revised by the committee,
may be carried out.

new text begin (b) A person seeking to appeal an order revoking a permit issued under section 18.82,
subdivision 3, by an inspector or county-designated employee must appeal the order for
revocation in writing. The person must file the appeal with a member of the appeal committee
in the county where the land is located within two working days of the day when the notice
was received. The committee must respond by inspecting the location or transporting vehicle
where the person possessed or transported noxious weed materials and propagating parts.
After inspection, the committee must report to the recipient and the inspector or
county-designated employee who issued the notice within five working days, either agreeing
with, disagreeing with, or revising the order. A person may appeal a decision under this
paragraph in district court.
new text end

deleted text begin (2) deleted text end new text begin (c) new text end The county board deleted text begin shall deleted text end new text begin must new text end appoint members of the appeal committee. The
membership must include a county commissioner or municipal official and a landowner
residing in the county. The expenses of the members may be reimbursed by the county upon
submission of an itemized statement to the county auditor. At its option, the county board,
by resolution, may delegate the duties of the appeal committee to its board of adjustment
established pursuant to section 394.27. When carrying out the duties of the appeal committee,
the zoning board of adjustment deleted text begin shall deleted text end new text begin must new text end comply with all of the procedural requirements
of this section.

Sec. 13.

Minnesota Statutes 2024, section 18.86, is amended to read:

18.86 UNLAWFUL ACTS.

No person may:

(1) hinder or obstruct in any way an inspector or county-designated employee in the
performance of duties under sections 18.76 to 18.91 or related rules;

(2) neglect, fail, or refuse to comply with section 18.82 deleted text begin or related rules in the
transportation and use of material or equipment infested with noxious weed propagating
parts deleted text end ;

(3) sell material containing noxious weed propagating parts to a person who does not
have a permit to transport that material or to a person who does not have a screenings permit
issued in accordance with section 21.74; or

(4) neglect, fail, or refuse to comply with a general notice or an individual notice to
control or eradicate noxious weeds.

Sec. 14.

Minnesota Statutes 2024, section 18.91, subdivision 2, is amended to read:

Subd. 2.

Membership.

The commissioner deleted text begin shall deleted text end new text begin must new text end appoint new text begin and approve new text end members deleted text begin ,
which shall include deleted text end new text begin who have successfully completed the application process with the
secretary of state, including new text end representatives from the following:

(1) the Department of Horticultural Science at the University of Minnesota;

(2) the Department of Agronomy at the University of Minnesota;

(3) the Department of Forest Resources at the University of Minnesota;

(4) the nursery and landscape industry in Minnesota;

(5) the seed industry in Minnesota;

(6) the Department of Agriculture;

(7) the Department of Natural Resources;

(8) a conservation organization;

(9) an environmental organization;

(10) at least two farm organizations;

(11) the county agricultural inspectors;

(12) city governments;

(13) township governments;

(14) county governments;

(15) the Department of Transportation;

(16) the University of Minnesota Extension;

(17) the timber and forestry industry in Minnesota;

(18) the Board of Water and Soil Resources;

(19) soil and water conservation districts;

(20) the Minnesota Association of County Land Commissioners; and

(21) other members as needed.

Sec. 15.

Minnesota Statutes 2024, section 18C.005, subdivision 6, is amended to read:

Subd. 6.

Compost.

"Compost" deleted text begin is a biologically stable material derived from the
composting process deleted text end new text begin has the meaning given in section 18C.132, subdivision 1 new text end .

Sec. 16.

Minnesota Statutes 2024, section 18C.005, subdivision 6a, is amended to read:

Subd. 6a.

Composting.

"Composting" deleted text begin is the biological decomposition of organic matter.
It is accomplished by mixing and piling in such a way as to promote aerobic or anaerobic
decay or both. The process inhibits pathogens, viable weed seeds, and odors deleted text end new text begin has the meaning
given in section 18C.132, subdivision 2 new text end .

Sec. 17.

Minnesota Statutes 2024, section 18C.005, subdivision 25, is amended to read:

Subd. 25.

Plant amendment.

"Plant amendment" means a substance applied to plants
or seeds that is intended to improve germination, growth, yield, product quality, reproduction,
flavor, or other desirable characteristics of plants new text begin , including beneficial substances and plant
biostimulants, new text end except fertilizers, soil amendments, agricultural liming materials, pesticides,
and other materials that are exempted by rule.

Sec. 18.

Minnesota Statutes 2024, section 18C.005, is amended by adding a subdivision
to read:

new text begin Subd. 25a. new text end

new text begin Plant biostimulant. new text end

new text begin "Plant biostimulant" means a substance, microorganism,
or mixture thereof that, when applied to seeds, plants, the rhizosphere, soil, or other growth
media, supports a plant's natural nutrition processes independently of the biostimulant's
nutrient content and improves nutrient availability, uptake, or use efficiency, tolerance to
abiotic stress, and consequent growth, development, quality, or yield.
new text end

Sec. 19.

Minnesota Statutes 2024, section 18C.005, subdivision 33, is amended to read:

Subd. 33.

Soil amendment.

"Soil amendment" means a substance intended to improve
the structural, physical, chemical, biochemical, or biological characteristics of the soil or
modify organic matter at or near the soil surface new text begin , including beneficial substances new text end , except
fertilizers, agricultural liming materials, pesticides, and other materials exempted by the
commissioner's rules.

Sec. 20.

new text begin [18C.132] COMPOST AND COMPOSTING.
new text end

new text begin Subdivision 1. new text end

new text begin Compost. new text end

new text begin "Compost" is the product manufactured through the controlled
aerobic, biological decomposition of biodegradable materials. The product has undergone
mesophilic and thermophilic temperatures, which significantly reduces the viability of
pathogens and weed seeds and stabilizes the carbon such that it is beneficial to plant growth.
Compost is typically used as a soil amendment but may also contribute plant nutrients.
new text end

new text begin Subd. 2. new text end

new text begin Composting. new text end

new text begin "Composting" is the biological decomposition of organic matter.
Composting is accomplished by mixing and piling in such a way as to promote aerobic or
anaerobic decay, or both. Composting is a process that inhibits pathogens, viable weed
seeds, and odors.
new text end

Sec. 21.

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. 22.

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. 23.

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. 24. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must renumber the subdivisions of Minnesota Statutes, section
18.77, listed in column A to the references listed in column B. The revisor must make
necessary cross-reference changes in Minnesota Statutes and Minnesota Rules consistent
with the renumbering.
new text end

	new text begin Column A new text end	new text begin Column B new text end
	new text begin subdivision 2a new text end	new text begin subdivision 2e new text end
	new text begin subdivision 2b new text end	new text begin subdivision 2f new text end
	new text begin subdivision 13 new text end	new text begin subdivision 8b new text end
	new text begin subdivision 15 new text end	new text begin subdivision 2d new text end
	new text begin subdivision 16 new text end	new text begin subdivision 2c new text end
	new text begin subdivision 17 new text end	new text begin subdivision 5b new text end

Sec. 25. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2024, sections 18.77, subdivision 14; and 28A.075, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 26-06129

18.77 DEFINITIONS.

Subd. 14.

Cooperative weed management areas or CWMAs.

"Cooperative weed management areas" or "CWMAs" means partnership organizations formed with the goal of managing invasive plants across jurisdictional and land ownership boundaries through collective planning and sharing of knowledge and resources.

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.