HF 536

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; providing for determination 
  1.3             of an official certification agency; making changes in 
  1.4             the Minnesota Commercial Feed Law; amending Minnesota 
  1.5             Statutes 1996, sections 18.79, by adding a 
  1.6             subdivision; 25.31; 25.32; 25.33, subdivisions 1, 5, 
  1.7             6, 9, 20, and by adding subdivisions; 25.35; 25.36; 
  1.8             25.37; 25.38; 25.39; 25.41; subdivision 6; proposing 
  1.9             coding for new law in Minnesota Statutes, chapter 25; 
  1.10            repealing Minnesota Statutes 1996, section 25.34. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
  1.12     Section 1.  Minnesota Statutes 1996, section 18.79, is 
  1.13  amended by adding a subdivision to read: 
  1.14     Subd. 12.  [NOXIOUS WEED-FREE FORAGE AND MULCH 
  1.15  CERTIFICATION AGENCY.] The official certification agency for 
  1.16  noxious weed-free forage and mulch shall be determined by the 
  1.17  commissioner of agriculture in consultation with the director of 
  1.18  the Minnesota agricultural experiment station. 
  1.19     Sec. 2.  Minnesota Statutes 1996, section 25.31, is amended 
  1.20  to read: 
  1.21     25.31 [CITATION, COMMERCIAL FEED LAW.] 
  1.22     Sections 25.31 to 25.44 shall be 25.43 are known and may be 
  1.23  cited as the Minnesota Commercial Feed Law. 
  1.24     Sec. 3.  Minnesota Statutes 1996, section 25.32, is amended 
  1.25  to read: 
  1.26     25.32 [ENFORCING OFFICIAL.] 
  1.27     Sections 25.31 to 25.44 25.43 shall be administered by the 
  1.28  commissioner of the department of agriculture, hereinafter 
  2.1   referred to as the "commissioner". 
  2.2      Sec. 4.  Minnesota Statutes 1996, section 25.33, 
  2.3   subdivision 1, is amended to read: 
  2.4      Subdivision 1.  [SCOPE.] When used in sections 25.31 to 
  2.5   25.44 25.43, the terms defined in this section have the meanings 
  2.6   given them. 
  2.7      Sec. 5.  Minnesota Statutes 1996, section 25.33, 
  2.8   subdivision 5, is amended to read: 
  2.9      Subd. 5.  [COMMERCIAL FEED.] "Commercial feed" means all 
  2.10  materials except or combinations of materials that are 
  2.11  distributed or intended to be distributed for use as feed or for 
  2.12  mixing in feed, including feed for aquatic animals, unless the 
  2.13  materials are specifically exempted.  Unmixed seed, whole or 
  2.14  processed, when seeds and physically altered entire unmixed 
  2.15  seeds, if the whole or physically altered seeds are not 
  2.16  chemically changed or are not adulterated within the meaning of 
  2.17  section 25.37, paragraphs paragraph (a), (b), (c), or (d) which 
  2.18  are distributed for use as feed or for mixing in feed, including 
  2.19  feed for aquatic animals are exempt.  The commissioner by rule 
  2.20  may exempt from this definition, or from specific provisions of 
  2.21  sections 25.31 to 25.44 25.43, commodities such as hay, straw, 
  2.22  stover, silage, cobs, husks, hulls, and individual chemical 
  2.23  compounds or substances when such if those commodities, 
  2.24  compounds, or substances are not intermixed with other 
  2.25  materials, and are not adulterated within the meaning of section 
  2.26  25.37, paragraphs paragraph (a), (b), (c), or (d). 
  2.27     Sec. 6.  Minnesota Statutes 1996, section 25.33, 
  2.28  subdivision 6, is amended to read: 
  2.29     Subd. 6.  [FEED INGREDIENT.] "Feed ingredient" means each 
  2.30  of the constituent materials making up a commercial feed or pet 
  2.31  food.  
  2.32     Sec. 7.  Minnesota Statutes 1996, section 25.33, 
  2.33  subdivision 9, is amended to read: 
  2.34     Subd. 9.  [CUSTOMER FORMULA FEED.] "Customer formula feed" 
  2.35  means commercial feed which consists of a mixture of commercial 
  2.36  feeds or feed ingredients or both, each batch of which is 
  3.1   manufactured according to the specific instructions of the final 
  3.2   purchaser.  
  3.3      Sec. 8.  Minnesota Statutes 1996, section 25.33, 
  3.4   subdivision 20, is amended to read: 
  3.5      Subd. 20.  [PET.] "Pet" means any a domesticated animal dog 
  3.6   or cat normally maintained in or near the household of the its 
  3.7   owner thereof.  
  3.8      Sec. 9.  Minnesota Statutes 1996, section 25.33, is amended 
  3.9   by adding a subdivision to read: 
  3.10     Subd. 21.  [COMMISSIONER.] "Commissioner" means the 
  3.11  commissioner of agriculture or a designated representative. 
  3.12     Sec. 10.  Minnesota Statutes 1996, section 25.33, is 
  3.13  amended by adding a subdivision to read:  
  3.14     Subd. 22.  [SPECIALTY PET.] "Specialty pet" means a 
  3.15  domesticated animal normally maintained in a cage or tank, 
  3.16  including, but not limited to, a gerbil, hamster, canary, 
  3.17  psittacine bird, mynah, finch, tropical fish, goldfish, snake, 
  3.18  or turtle.  "Specialty pet" does not include a dog, cat, horse, 
  3.19  rabbit, or wild bird.  
  3.20     Sec. 11.  Minnesota Statutes 1996, section 25.33, is 
  3.21  amended by adding a subdivision to read: 
  3.22     Subd. 23.  [SPECIALTY PET FOOD.] "Specialty pet food" means 
  3.23  commercial feed prepared and distributed for consumption by 
  3.24  specialty pets. 
  3.25     Sec. 12.  Minnesota Statutes 1996, section 25.33, is 
  3.26  amended by adding a subdivision to read:  
  3.27     Subd. 24.  [QUANTITY STATEMENT.] "Quantity statement" means 
  3.28  a statement of the net weight (mass), net volume (liquid or 
  3.29  dry), count, or other form of measurement. 
  3.30     Sec. 13.  [25.341] [LICENSING.] 
  3.31     Subdivision 1.  [REQUIREMENT.] Before a person may:  (1) 
  3.32  manufacture a commercial feed in the state; (2) distribute a 
  3.33  commercial feed in or into the state; or (3) have the person's 
  3.34  name appear on the label of a commercial feed as guarantor, the 
  3.35  person must have a commercial feed license for each 
  3.36  manufacturing or distributing facility.  A person who makes only 
  4.1   retail sales of commercial feed bearing labeling or another 
  4.2   approved indication that the commercial feed is from a licensed 
  4.3   manufacturer, guarantor, or distributor who has assumed full 
  4.4   responsibility for the tonnage inspection fee due under sections 
  4.5   25.31 to 25.43 is not required to obtain a license.  
  4.6      Subd. 2.  [APPLICATION; FEE; TERM.] A person who is 
  4.7   required to have a commercial feed license shall submit an 
  4.8   application on a form provided or approved by the commissioner 
  4.9   accompanied by a license fee of $25 paid to the commissioner for 
  4.10  each facility.  The license year is the calendar year.  A 
  4.11  license expires on December 31 of the year for which it is 
  4.12  issued, except that a license is valid through January 31 of the 
  4.13  next year or until the issuance of the renewal license, 
  4.14  whichever comes first, if the licensee has filed a renewal 
  4.15  application with the commissioner on or before December 31 of 
  4.16  the year for which the current license was issued.  A new 
  4.17  applicant who fails to obtain a license within 15 working days 
  4.18  of notification of the requirement to obtain a license, or a 
  4.19  licensee who fails to comply with license renewal requirements, 
  4.20  shall pay a $50 late fee in addition to the license fee.  The 
  4.21  commissioner may issue a withdrawal from distribution order on 
  4.22  any commercial feed that an unlicensed person produces or 
  4.23  distributes in the state until a license is issued.  
  4.24     Subd. 3.  [COPIES OF LABELS.] The commissioner may request 
  4.25  from a licensee copies of labels and labeling in order to 
  4.26  determine compliance with sections 25.31 to 25.43.  
  4.27     Subd. 4.  [DENIAL; REVOCATION; SUSPENSION; LIMITS.] The 
  4.28  commissioner may deny a license to a person or suspend or revoke 
  4.29  the license of a person who is not in compliance with sections 
  4.30  25.31 to 25.43.  The commissioner may impose conditions that 
  4.31  limit production or distribution of a particular commercial feed 
  4.32  on the license of a person who is not in compliance with 
  4.33  sections 25.31 to 25.43.  A license may not be conditionalized, 
  4.34  suspended, refused, or revoked unless the applicant or licensee 
  4.35  has been given an opportunity to be heard before the 
  4.36  commissioner in order to comply with the requirements of 
  5.1   sections 25.31 to 25.43.  
  5.2      Sec. 14.  Minnesota Statutes 1996, section 25.35, is 
  5.3   amended to read: 
  5.4      25.35 [LABELING.] 
  5.5      A commercial feed shall be labeled as follows: 
  5.6      (a) In case of A commercial feed, except a customer formula 
  5.7   feed, it shall must be accompanied by a label bearing the 
  5.8   following information: 
  5.9      (1) The net weight. 
  5.10     (2) the product name and the brand name, if any, under 
  5.11  which the commercial feed is distributed.; 
  5.12     (3) (2) the guaranteed analysis, stated in such terms as 
  5.13  the commissioner requires by rule determines is required, to 
  5.14  advise the user of the composition of the feed or to support 
  5.15  claims made in the labeling.  In all cases The substances or 
  5.16  elements must be determinable by laboratory methods such as the 
  5.17  methods published by the Association of Official Analytical 
  5.18  Chemists. AOAC International or other generally recognized 
  5.19  methods; 
  5.20     (4) (3) the common or usual name of each ingredient used in 
  5.21  the manufacture of the commercial feed.  The commissioner may by 
  5.22  rule permit the use of a collective term for a group of 
  5.23  ingredients which perform a similar function, or may exempt such 
  5.24  commercial feeds, or any group thereof, of commercial feeds from 
  5.25  this requirement of an ingredient statement on finding that such 
  5.26  an ingredient statement is not required in the interest of 
  5.27  consumers.; 
  5.28     (5) (4) the name and principal mailing address of the 
  5.29  manufacturer or the person responsible for distributing the 
  5.30  commercial feed.; 
  5.31     (6) (5) adequate directions for use for all commercial 
  5.32  feeds containing drugs and for such other feeds as the 
  5.33  commissioner may require by rule as necessary for their safe and 
  5.34  effective use.; 
  5.35     (7) Such (6) precautionary statements as which the 
  5.36  commissioner determines by rule determines are necessary for the 
  6.1   safe and effective use of the commercial feed.; and 
  6.2      (7) a quantity statement.  
  6.3      (b) In the case of A customer formula feed, it shall must 
  6.4   be accompanied by a label, invoice, delivery slip, or other 
  6.5   shipping document, bearing the following information: 
  6.6      (1) name and address of the manufacturer.; 
  6.7      (2) name and address of the purchaser.; 
  6.8      (3) date of delivery.; 
  6.9      (4) the product name and brand name, if any, and either 
  6.10  (1) (i) the net weight quantity of each registered commercial 
  6.11  feed used in the mixture, and the net weight of each other 
  6.12  ingredient used in the mixture, or (2) (ii) a guaranteed 
  6.13  analysis and list of ingredients in paragraph (A), (3) and 
  6.14  (4). (a), clauses (2) and (3); 
  6.15     (5) adequate directions for use for all customer formula 
  6.16  feeds containing drugs and for such other feeds as the 
  6.17  commissioner may require requires by rule as necessary for their 
  6.18  safe and effective use.; 
  6.19     (6) Such precautionary statements as the commissioner 
  6.20  determines by rule determines are necessary for the safe and 
  6.21  effective use of the customer formula feed.; 
  6.22     (7) if a product containing a drug is used:  
  6.23     (i) the purpose of the medication (claim statement); and 
  6.24     (ii) the established name of each active drug ingredient 
  6.25  and the level of each drug used in the final mixture expressed 
  6.26  in a manner required by the commissioner by rule; and 
  6.27     (8) for a customer formula feed for which the formula is 
  6.28  developed by someone other than the manufacturer, a disclaimer 
  6.29  may be included on the label stating "THIS FEED IS A CUSTOMER 
  6.30  FORMULA FEED DEVELOPED BY SOMEONE OTHER THAN THE MANUFACTURER. 
  6.31  THE MANUFACTURER DOES NOT CLAIM, REPRESENT, WARRANT, OR 
  6.32  GUARANTEE, AND IS NOT RESPONSIBLE FOR THE NUTRITIONAL ADEQUACY 
  6.33  OF THIS FEED OR THE NUTRITIONAL SUITABILITY OF THIS FEED FOR ITS 
  6.34  INTENDED PURPOSE." 
  6.35     (c) The manufacturer of a customer formula feed or 
  6.36  commercial feed, for which the formula is developed by someone 
  7.1   other than the manufacturer, is not responsible or liable for 
  7.2   the nutritional adequacy or the nutritional suitability of the 
  7.3   feed for its intended purpose if: 
  7.4      (1) the manufacturer does not make a claim of nutritional 
  7.5   adequacy for the customer formula feed and does not make a claim 
  7.6   for nutritional suitability of the feed for its intended 
  7.7   purpose; and 
  7.8      (2) the manufacturer includes the disclaimer in paragraph 
  7.9   (b), clause (8). 
  7.10     A person other than the manufacturer who develops or 
  7.11  recommends a formula for a customer formula feed is responsible 
  7.12  for providing to the manufacturer of the feed the appropriate 
  7.13  labeling information and for providing the appropriate use 
  7.14  information to the feed manufacturer.  
  7.15     Sec. 15.  Minnesota Statutes 1996, section 25.36, is 
  7.16  amended to read: 
  7.17     25.36 [MISBRANDING.] 
  7.18     A commercial feed shall be deemed to be is misbranded if: 
  7.19     (a) If (1) its labeling is false or misleading in any 
  7.20  particular.; 
  7.21     (b) If (2) it is distributed under the name of another 
  7.22  commercial feed.; 
  7.23     (c) If (3) it is not labeled as required in section 25.35.; 
  7.24     (d) If (4) it purports to be or is represented as a 
  7.25  commercial feed, or if it purports to contain or is represented 
  7.26  as containing a commercial feed ingredient unless such that 
  7.27  commercial feed or feed ingredient conforms to the definition, 
  7.28  if any, prescribed by rule by the commissioner.; 
  7.29     (e) If (5) any word, statement, or other information 
  7.30  required by or under authority of sections 25.31 to 25.44 25.43 
  7.31  to appear on the label or labeling is not prominently 
  7.32  placed thereon on it with such conspicuousness as compared with 
  7.33  other words, statements, designs, or devices in the labeling, 
  7.34  and in such terms as to render it likely to be read and 
  7.35  understood by the ordinary individual under customary conditions 
  7.36  of purchase and use.; or 
  8.1      (6) its labeling would deceive or mislead the purchaser 
  8.2   with respect to its composition or suitability. 
  8.3      Sec. 16.  Minnesota Statutes 1996, section 25.37, is 
  8.4   amended to read: 
  8.5      25.37 [ADULTERATION.] 
  8.6      (a) A commercial feed shall be deemed to be or a material 
  8.7   exempted from the definition of commercial feed under section 
  8.8   25.33, subdivision 5, is adulterated if: 
  8.9      (a) If (1) it bears or contains any a poisonous or 
  8.10  deleterious substance which may render it injurious to health; 
  8.11  but in case the substance is not an added substance, such the 
  8.12  commercial feed shall is not be considered adulterated under 
  8.13  this section if the quantity of such the substance in such the 
  8.14  commercial feed does not ordinarily render it injurious to 
  8.15  health; or 
  8.16     (b) If (2) it bears or contains any an added poisonous, 
  8.17  added deleterious, or added nonnutritive substance which is 
  8.18  unsafe within the meaning of section 406 of the federal Food, 
  8.19  Drug, and Cosmetic Act, other than the one which is a pesticide 
  8.20  chemical in or on a raw agricultural commodity, or a food 
  8.21  additive; or 
  8.22     (c) If (3) it is, unsafe or it bears or contains any food 
  8.23  additive which is unsafe within the meaning of section 409 of 
  8.24  the federal Food, Drug, and Cosmetic Act; or 
  8.25     (d) If (4) it is a raw agricultural commodity and it bears 
  8.26  or contains a pesticide chemical which is unsafe within the 
  8.27  meaning of section 408(a) of the federal Food, Drug, and 
  8.28  Cosmetic Act; provided, that where a pesticide chemical has been 
  8.29  used in or on a raw agricultural commodity in conformity with an 
  8.30  exemption granted or a tolerance prescribed under section 408 of 
  8.31  the federal Food, Drug, and Cosmetic Act and such that raw 
  8.32  agricultural commodity has been subjected to processing such as 
  8.33  canning, cooking, freezing, dehydrating, or milling, the residue 
  8.34  of such the pesticide chemical remaining in or on such the 
  8.35  processed feed shall is not be deemed unsafe if such the 
  8.36  residue in or on the raw agricultural commodity has been removed 
  9.1   to the extent possible in good manufacturing practice and the 
  9.2   concentration of such the residue in the processed feed is not 
  9.3   greater than the tolerance prescribed for the raw agricultural 
  9.4   commodity unless the feeding of such the processed feed will 
  9.5   result or is likely to result in a pesticide residue in the 
  9.6   edible product of the animal, which is unsafe within the meaning 
  9.7   of section 408(a) of the federal Food, Drug, and Cosmetic 
  9.8   Act; or 
  9.9      (e) If (5) it is, or it bears or contains any color 
  9.10  additive which is unsafe within the meaning of section 706 of 
  9.11  the federal Food, Drug, and Cosmetic Act; or 
  9.12     (6) it is, or it bears or contains, any new animal drug 
  9.13  which is unsafe within the meaning of section 512 of the federal 
  9.14  Food, Drug, and Cosmetic Act; 
  9.15     (7) it consists, in whole or in part, of any filthy, 
  9.16  putrid, or decomposed substance, or is otherwise unfit for feed; 
  9.17     (8) it has been prepared, packed, or held under unsanitary 
  9.18  conditions whereby it may have become contaminated with filth or 
  9.19  may have been rendered injurious to health; 
  9.20     (9) it is, in whole or in part, the product of a diseased 
  9.21  animal or of an animal which has died otherwise than by 
  9.22  slaughter which is unsafe within the meaning of section 
  9.23  402(a)(1) or (2) of the federal Food, Drug, and Cosmetic Act; 
  9.24     (10) its container is composed, in whole or in part, of any 
  9.25  poisonous or deleterious substance which may render the contents 
  9.26  injurious to health; or 
  9.27     (11) it has been intentionally subjected to radiation, 
  9.28  unless the use of the radiation was in conformity with a 
  9.29  regulation or exemption in effect under section 409 of the 
  9.30  federal Food, Drug, and Cosmetic Act.  
  9.31     (b) A commercial feed is adulterated if: 
  9.32     (f) If (1) any valuable constituent has been in whole or in 
  9.33  part omitted or abstracted therefrom from it or any less 
  9.34  valuable substance substituted therefor for a constituent; or 
  9.35     (g) If (2) its composition or quality falls below or 
  9.36  differs from that which it is purported or is represented to 
 10.1   possess by its labeling; or 
 10.2      (h) If (3) it contains a drug and the methods used in or 
 10.3   the facilities or controls used for its manufacture, processing, 
 10.4   or packaging do not conform to current good manufacturing 
 10.5   practice rules promulgated by the commissioner to assure that 
 10.6   the drug meets the requirement safety requirements of sections 
 10.7   25.31 to 25.44 as to safety 25.43 and has the identity and 
 10.8   strength and meets the quality and purity characteristics which 
 10.9   it purports or is represented to possess.  In promulgating such 
 10.10  adopting rules under this clause, the commissioner shall adopt 
 10.11  the current good manufacturing practice rules for medicated feed 
 10.12  premixes and for medicated feeds established under authority of 
 10.13  the federal Food, Drug, and Cosmetic Act, unless the 
 10.14  commissioner determines that they are not appropriate to the 
 10.15  conditions which exist in this state; or 
 10.16     (i) If (4) it contains viable weed seeds in amounts 
 10.17  exceeding the limits which established by the commissioner shall 
 10.18  establish by rule. 
 10.19     Sec. 17.  Minnesota Statutes 1996, section 25.38, is 
 10.20  amended to read: 
 10.21     25.38 [PROHIBITED ACTS.] 
 10.22     The following acts and the causing thereof within the state 
 10.23  of the following acts in Minnesota are prohibited: 
 10.24     (a) The (1) manufacture or distribution of any commercial 
 10.25  feed that is adulterated or misbranded.; 
 10.26     (b) The (2) adulteration or misbranding of any commercial 
 10.27  feed.; 
 10.28     (c) The (3) distribution of agricultural commodities such 
 10.29  as whole seed, hay, straw, stover, silage, cobs, husks, and 
 10.30  hulls, which are adulterated within the meaning of section 25.37 
 10.31  (a), (b), (c), and (d).; 
 10.32     (d) The (4) removal or disposal of a commercial feed in 
 10.33  violation of an order under section 25.42.; 
 10.34     (e) The (5) failure or refusal to register in accordance 
 10.35  with obtain a commercial feed license under section 
 10.36  25.34. 25.341 or to provide a small package listing under 
 11.1   section 25.39; or 
 11.2      (f) (6) failure to pay inspection fees or file reports as 
 11.3   required by section 25.39.  
 11.4      Sec. 18.  Minnesota Statutes 1996, section 25.39, is 
 11.5   amended to read: 
 11.6      25.39 [INSPECTION FEES AND REPORTS.] 
 11.7      Subdivision 1.  [AMOUNT OF FEE.] (a) An inspection fee at 
 11.8   the rate of 16 cents per ton shall must be paid to the 
 11.9   commissioner on commercial feeds distributed in this state by 
 11.10  the person who first distributes the commercial feed to the 
 11.11  consumer, subject to the following, except that no fee needs to 
 11.12  be paid on: 
 11.13     (a) No fee shall be paid on (1) a commercial feed if the 
 11.14  payment has been made by a previous distributor.; 
 11.15     (b) No fee shall be paid on (2) customer formula feeds if 
 11.16  the inspection fee is paid on the commercial feeds which are 
 11.17  used as ingredients therein.; or 
 11.18     (c) No fee shall be paid on (3) commercial feeds which are 
 11.19  used as ingredients for the manufacture of commercial 
 11.20  feeds which are registered if the fee has been paid by a 
 11.21  previous distributor.  If the fee has already been paid, 
 11.22  credit shall must be given for such that payment.  A Minnesota 
 11.23  feed distributor who distributes commercial feed to purchasers 
 11.24  outside the state may purchase commercial feeds, without payment 
 11.25  by any person of the inspection fee required on such those 
 11.26  purchases, under a permit issued by the commissioner.  Such 
 11.27  permits shall only be issued to commercial feed distributors who 
 11.28  comply with such rules as may be required adopted by the 
 11.29  commissioner relative to recordkeeping, tonnage of commercial 
 11.30  feed distributed in Minnesota, total of all commercial feed 
 11.31  tonnage distributed, and all other information which the 
 11.32  commissioner may require so as to insure ensure that proper 
 11.33  inspection fee payment has been made.  
 11.34     (d) (b) In the case of a commercial feed which is pet food 
 11.35  distributed in the state only in packages of ten pounds or less, 
 11.36  a listing of each product and a current label for each product 
 12.1   must be submitted annually on forms provided by the commissioner 
 12.2   and accompanied by an annual fee of $50 shall be paid for each 
 12.3   product in lieu of the inspection fee specified above.  This 
 12.4   annual fee is due by July 1.  The inspection fee required by 
 12.5   paragraph (a) applies to pet food distributed in packages 
 12.6   exceeding ten pounds. 
 12.7      (c) In the case of specialty pet food distributed in the 
 12.8   state only in packages of ten pounds or less, a listing of each 
 12.9   product and a current label for each product must be submitted 
 12.10  annually on forms provided by the commissioner and accompanied 
 12.11  by an annual fee of $25 for each product in lieu of the 
 12.12  inspection fee.  This annual fee is due by July 1.  The 
 12.13  inspection fee required by paragraph (a) applies to specialty 
 12.14  pet food distributed in packages exceeding ten pounds.  
 12.15     (d) The minimum inspection fee is $10 per annual reporting 
 12.16  period. 
 12.17     Subd. 2.  [CONTAINERS OF TEN POUNDS OR LESS.] A distributor 
 12.18  who is subject to the annual fee specified in subdivision 1, 
 12.19  paragraph (b) or (c), shall do the following:  
 12.20     (1) before beginning distribution, file with the 
 12.21  commissioner a listing of pet and specialty pet foods to be 
 12.22  distributed in the state only in containers of ten pounds or 
 12.23  less, on forms provided by the commissioner.  The listing under 
 12.24  this clause must be renewed annually before July 1 and is the 
 12.25  basis for the payment of the annual fee.  New products added 
 12.26  during the year must be submitted to the commissioner as a 
 12.27  supplement to the annual listing before distribution; and 
 12.28     (2) if the annual renewal of the listing is not received 
 12.29  before July 1 or if an unlisted product is distributed, pay a 
 12.30  late filing fee of $10 per product in addition to the normal 
 12.31  charge for the listing.  The late filing fee under this clause 
 12.32  is in addition to any other penalty under this chapter.  
 12.33     Subd. 2 3.  [SEMIANNUAL ANNUAL STATEMENT.] Each A 
 12.34  person who is liable for the payment of such a fee under this 
 12.35  section shall file with the commissioner on forms furnished by 
 12.36  the commissioner, a semiannual an annual statement for the 
 13.1   periods ending December 31 and June 30 setting forth the number 
 13.2   of net tons of commercial feeds distributed in this state during 
 13.3   such reporting period the calendar year.  The report shall be is 
 13.4   due on or before by the 30th 31st of the month following the 
 13.5   close of each reporting period of each calendar year each 
 13.6   January.  The inspection fee at the rate specified in 
 13.7   subdivision 1, shall must accompany the statement.  For each 
 13.8   tonnage report not filed or payment of inspection fees not 
 13.9   made within 30 days after the end of a reporting period on time, 
 13.10  a penalty of 10 ten percent of the amount due, with a minimum 
 13.11  penalty of $10, shall must be assessed against the registrant, 
 13.12  and the amount of fees due, plus penalty, shall constitute is a 
 13.13  debt and may be recovered in a civil action against the 
 13.14  registrant.  The assessment of this penalty shall does not 
 13.15  prevent the department from taking other actions as provided in 
 13.16  this chapter.  
 13.17     Subd. 3 4.  [RECORDS.] Each distributor person required to 
 13.18  pay an inspection fee or to report in accordance with this 
 13.19  section shall keep such records as may be that are necessary or 
 13.20  required by the commissioner to indicate accurately the tonnage 
 13.21  of commercial feed distributed in this state, and the 
 13.22  commissioner shall have the right to may examine such those 
 13.23  records to verify statements of tonnage.  Failure to make an 
 13.24  accurate statement of tonnage or to pay the inspection fee or 
 13.25  comply as provided herein shall constitute with this section is 
 13.26  sufficient cause for the cancellation of all registrations on 
 13.27  file for the commercial feed license of the distributor.  
 13.28     Subd. 4 5.  [COMMERCIAL FEED INSPECTION ACCOUNT.] A 
 13.29  commercial feed inspection account is established in the state 
 13.30  treasury.  Fees and penalties collected under sections 25.35 to 
 13.31  25.44 25.43 and interest attributable to money in the account 
 13.32  must be deposited in the state treasury and credited to the 
 13.33  commercial feed inspection account.  
 13.34     Sec. 19.  Minnesota Statutes 1996, section 25.41, 
 13.35  subdivision 6, is amended to read: 
 13.36     Subd. 6.  [METHODS.] Sampling and analysis shall must be 
 14.1   conducted in accordance with methods published by 
 14.2   the Association of Official Analytical Chemists, AOAC 
 14.3   International or in accordance with other generally recognized 
 14.4   methods.  
 14.5      Sec. 20.  [REPEALER.] 
 14.6      Minnesota Statutes 1996, section 25.34, is repealed.