HF 1213

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; changing certain wild rice 
  1.3             provisions; changing certain procedures and 
  1.4             requirements for organic food; clarifying certain food 
  1.5             provisions; clarifying an enforcement provision; 
  1.6             changing a milk storage requirement; providing for 
  1.7             compliance with federal law; extending a provision 
  1.8             authorizing certain emergency restrictions; requiring 
  1.9             that certain gasoline contain ten percent denatured 
  1.10            ethanol; eliminating a requirement for anaplasmosis 
  1.11            testing; amending Minnesota Statutes 2002, sections 
  1.12            30.49, subdivision 6; 31.101, subdivisions 3, 4, 5, 6, 
  1.13            7, 8, 9, 10, 11, 12; 31.102, subdivision 1; 31.103, 
  1.14            subdivision 1; 31.92, subdivision 3, by adding 
  1.15            subdivisions; 31.94; 32.01, subdivision 10; 32.21, 
  1.16            subdivision 4; 32.394, subdivisions 4, 8c; 32.415; 
  1.17            35.0661, subdivision 4; 239.791, subdivision 1; 
  1.18            proposing coding for new law in Minnesota Statutes, 
  1.19            chapter 31; repealing Minnesota Statutes 2002, 
  1.20            sections 31.92, subdivisions 2a, 5; 31.93; 31.95; 
  1.21            32.391, subdivisions 1a, 1b, 1c; 35.251; Minnesota 
  1.22            Rules, parts 1700.0800; 1700.1000; 1700.1300; 
  1.23            1705.0550; 1705.0560; 1705.0570; 1705.0580; 1705.0590; 
  1.24            1705.0600; 1705.0610; 1705.0630; 1715.1430. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 2002, section 30.49, 
  1.27  subdivision 6, is amended to read: 
  1.28     Subd. 6.  [PACKAGED BLENDED RICE AND CERTAIN READY-TO-EAT 
  1.29  RICE.] A package containing a blend of wild rice and at least 40 
  1.30  percent other grains or food products, and puffed or 
  1.31  ready-to-eat wild rice that is consumed or packaged on the 
  1.32  retail premises, are exempt from this section, except 
  1.33  subdivisions 3, 5, and 7. 
  1.34     Sec. 2.  Minnesota Statutes 2002, section 31.101, 
  1.35  subdivision 3, is amended to read: 
  2.1      Subd. 3.  [PESTICIDE CHEMICAL RULES.] Federal pesticide 
  2.2   chemical regulations in effect on April 1, 2001, adopted under 
  2.3   authority of the Federal Insecticide, Fungicide and Rodenticide 
  2.4   Act, as provided by United States Code, title 7, chapter 6, are 
  2.5   the pesticide chemical rules in this state.  
  2.6      Sec. 3.  Minnesota Statutes 2002, section 31.101, 
  2.7   subdivision 4, is amended to read: 
  2.8      Subd. 4.  [FOOD ADDITIVE RULES.] Federal food additive 
  2.9   regulations in effect on April 1, 2001, as provided by Code of 
  2.10  Federal Regulations, title 21, parts 170 to 199, are the food 
  2.11  additive rules in this state.  
  2.12     Sec. 4.  Minnesota Statutes 2002, section 31.101, 
  2.13  subdivision 5, is amended to read: 
  2.14     Subd. 5.  [COLOR ADDITIVE RULES.] Federal color additive 
  2.15  regulations in effect on April 1, 2001, as provided by Code of 
  2.16  Federal Regulations, title 21, parts 70 to 82, are the color 
  2.17  additive rules in this state.  
  2.18     Sec. 5.  Minnesota Statutes 2002, section 31.101, 
  2.19  subdivision 6, is amended to read: 
  2.20     Subd. 6.  [SPECIAL DIETARY USE RULES.] Federal special 
  2.21  dietary use regulations in effect on April 1, 2001, as provided 
  2.22  by Code of Federal Regulations, title 21, parts 104 and 105, are 
  2.23  the special dietary use rules in this state.  
  2.24     Sec. 6.  Minnesota Statutes 2002, section 31.101, 
  2.25  subdivision 7, is amended to read: 
  2.26     Subd. 7.  [FAIR PACKAGING AND LABELING RULES.] Federal 
  2.27  regulations in effect on April 1, 2001, adopted under the Fair 
  2.28  Packaging and Labeling Act, as provided by United States Code, 
  2.29  title 15, sections 1451 to 1461, are the rules in this state.  
  2.30  The commissioner may not adopt amendments to these rules or 
  2.31  adopt other rules which are contrary to the labeling 
  2.32  requirements for the net quantity of contents required pursuant 
  2.33  to section 4 of the Fair Packaging and Labeling Act and the 
  2.34  regulations adopted under that act.  
  2.35     Sec. 7.  Minnesota Statutes 2002, section 31.101, 
  2.36  subdivision 8, is amended to read: 
  3.1      Subd. 8.  [FOOD AND DRUGS RULES.] Applicable federal 
  3.2   regulations including recodification contained in Code of 
  3.3   Federal Regulations, title 21, parts 0-1299, Food and Drugs, in 
  3.4   effect April 1, 2001, and not otherwise adopted herein, also are 
  3.5   adopted as food rules of this state.  
  3.6      Sec. 8.  Minnesota Statutes 2002, section 31.101, 
  3.7   subdivision 9, is amended to read: 
  3.8      Subd. 9.  [FISHERY PRODUCTS RULES.] Federal regulations in 
  3.9   effect on April 1, 2001, as provided by Code of Federal 
  3.10  Regulations, title 50, parts 260 to 267, are incorporated as 
  3.11  part of the fishery products rules in this state for state 
  3.12  inspections performed under a cooperative agreement with the 
  3.13  United States Department of Commerce, National Marine Fisheries 
  3.14  Service.  
  3.15     Sec. 9.  Minnesota Statutes 2002, section 31.101, 
  3.16  subdivision 10, is amended to read: 
  3.17     Subd. 10.  [MEAT AND POULTRY RULES.] Federal regulations in 
  3.18  effect on April 1, 2001, as provided by Code of Federal 
  3.19  Regulations, title 9, part 301, et seq., are incorporated as 
  3.20  part of the meat and poultry rules in this state. 
  3.21     Sec. 10.  Minnesota Statutes 2002, section 31.101, 
  3.22  subdivision 11, is amended to read: 
  3.23     Subd. 11.  [STANDARDS FOR FRESH FRUITS, VEGETABLES, AND 
  3.24  OTHER PRODUCTS.] Federal regulations in effect on April 1, 2001, 
  3.25  as provided by Code of Federal Regulations, title 7, parts 51 
  3.26  and 52, are incorporated as part of the rules in this state.  
  3.27     Sec. 11.  Minnesota Statutes 2002, section 31.101, 
  3.28  subdivision 12, is amended to read: 
  3.29     Subd. 12.  [DAIRY GRADE RULES; MANUFACTURING PLANT 
  3.30  STANDARDS.] Federal grading and inspection standards for 
  3.31  manufacturing dairy plants and products and amendments thereto 
  3.32  in effect on April 1, 2001, as provided by Code of Federal 
  3.33  Regulations, title 7, part 58, subparts B-W, are adopted as the 
  3.34  dairy grade rules and manufacturing plant standards in this 
  3.35  state. 
  3.36     Sec. 12.  Minnesota Statutes 2002, section 31.102, 
  4.1   subdivision 1, is amended to read: 
  4.2      Subdivision 1.  [IDENTITY, QUANTITY, AND FILL OF CONTAINER 
  4.3   RULES.] Federal definitions and standards of identity, quality, 
  4.4   and fill of container in effect on April 1, 2001, adopted under 
  4.5   authority of the federal act, are the definitions and standards 
  4.6   of identity, quality, and fill of container in this state.  The 
  4.7   rules may be amended by the commissioner under chapter 14.  
  4.8      Sec. 13.  Minnesota Statutes 2002, section 31.103, 
  4.9   subdivision 1, is amended to read: 
  4.10     Subdivision 1.  [CONSUMER COMMODITIES LABELING RULES.] All 
  4.11  labels of consumer commodities must conform with the 
  4.12  requirements for the declaration of net quantity of contents of 
  4.13  section 4 of the Fair Packaging and Labeling Act (United States 
  4.14  Code, title 15, section 1451 et seq.) and federal regulations in 
  4.15  effect on April 1, 2001, adopted under authority of that act, 
  4.16  except to the extent that the commissioner amends the rules 
  4.17  under chapter 14.  Consumer commodities exempted from the 
  4.18  requirements of section 4 of the Fair Packaging and Labeling Act 
  4.19  are also exempt from this subdivision.  
  4.20     Sec. 14.  Minnesota Statutes 2002, section 31.92, is 
  4.21  amended by adding a subdivision to read: 
  4.22     Subd. 2b.  [FEDERAL LAW.] "Federal law" means the Organic 
  4.23  Foods Production Act of 1990, United States Code, title 7, 
  4.24  sections 6501 et seq. and associated regulations in Code of 
  4.25  Federal Regulations, title 7, section 205. 
  4.26     Sec. 15.  Minnesota Statutes 2002, section 31.92, 
  4.27  subdivision 3, is amended to read: 
  4.28     Subd. 3.  [ORGANIC FOOD.] "Organic food" means any food 
  4.29  product, including meat, dairy, and beverage, that is marketed 
  4.30  using the term "organic" or any derivative of "organic" in its 
  4.31  labeling or advertising "Organic" is a labeling term that refers 
  4.32  to an agricultural product produced in accordance with federal 
  4.33  law. 
  4.34     Sec. 16.  Minnesota Statutes 2002, section 31.92, is 
  4.35  amended by adding a subdivision to read: 
  4.36     Subd. 3a.  [ORGANIC PRODUCTION.] "Organic production" means 
  5.1   a production system that is managed in accordance with federal 
  5.2   law to respond to site-specific conditions by integrating 
  5.3   cultural, biological, and mechanical practices that foster 
  5.4   cycling of resources, promote ecological balance, and conserve 
  5.5   biodiversity. 
  5.6      Sec. 17.  [31.925] [UNIFORMITY WITH FEDERAL LAW.] 
  5.7      The department adopts the federal law specified in section 
  5.8   31.92, subdivision 2b, as the organic food production law and 
  5.9   rules in this state. 
  5.10     Sec. 18.  Minnesota Statutes 2002, section 31.94, is 
  5.11  amended to read: 
  5.12     31.94 [COMMISSIONER DUTIES.] 
  5.13     (a) The commissioner shall enforce sections 31.92 to 31.95. 
  5.14  The commissioner shall withhold from sale or trade any product 
  5.15  sold, labeled, or advertised in violation of sections 31.92 to 
  5.16  31.95. 
  5.17     (b) The commissioner shall investigate the offering for 
  5.18  sale, labeling, or advertising of an article or substance as 
  5.19  organically grown, organically processed, or produced in an 
  5.20  organic environment if there is reason to believe that action is 
  5.21  in violation of sections 31.92 to 31.95. 
  5.22     (c) The commissioner may adopt rules that further clarify 
  5.23  organic food standards and marketing practices. 
  5.24     (d) In order to promote opportunities for organic 
  5.25  agriculture in Minnesota, the commissioner shall: 
  5.26     (1) survey producers and support services and organizations 
  5.27  to determine information and research needs in the area of 
  5.28  organic agriculture practices; 
  5.29     (2) work with the University of Minnesota to demonstrate 
  5.30  the on-farm applicability of organic agriculture practices to 
  5.31  conditions in this state; 
  5.32     (3) direct the programs of the department so as to work 
  5.33  toward the promotion of organic agriculture in this state; 
  5.34     (4) inform agencies of how state or federal programs could 
  5.35  utilize and support organic agriculture practices; and 
  5.36     (5) work closely with farmers producers, the University of 
  6.1   Minnesota, the Minnesota trade office, and other appropriate 
  6.2   organizations to identify opportunities and needs as well as 
  6.3   ensure coordination and avoid duplication of state agency 
  6.4   efforts regarding research, teaching, marketing, and extension 
  6.5   work relating to organic agriculture. 
  6.6      (e) (b) By November 15 of each even-numbered year the 
  6.7   commissioner, in conjunction with the task force created in 
  6.8   section 31.95, subdivision 3a paragraph (c), shall report on the 
  6.9   status of organic agriculture in Minnesota to the legislative 
  6.10  policy and finance committees and divisions with jurisdiction 
  6.11  over agriculture.  The report must include: 
  6.12     (1) a description of current state or federal programs 
  6.13  directed toward organic agriculture, including significant 
  6.14  results and experiences of those programs; 
  6.15     (2) a description of specific actions the department of 
  6.16  agriculture is taking in the area of organic agriculture, 
  6.17  including the proportion of the department's budget spent on 
  6.18  organic agriculture; 
  6.19     (3) a description of current and future research needs at 
  6.20  all levels in the area of organic agriculture; and 
  6.21     (4) suggestions for changes in existing programs or 
  6.22  policies or enactment of new programs or policies that will 
  6.23  affect organic agriculture; and 
  6.24     (5) a description of market trends and potential for 
  6.25  organic products. 
  6.26     (c) The commissioner shall appoint a Minnesota organic 
  6.27  advisory task force to advise the commissioner on policies and 
  6.28  practices to improve organic agriculture in Minnesota.  The task 
  6.29  force must consist of the following residents of the state: 
  6.30     (1) three farmers using organic agriculture methods; 
  6.31     (2) two organic food wholesalers, retailers, or 
  6.32  distributors; 
  6.33     (3) one representative of organic food certification 
  6.34  agencies; 
  6.35     (4) two organic food processors; 
  6.36     (5) one representative from the Minnesota extension 
  7.1   service; 
  7.2      (6) one representative from a Minnesota postsecondary 
  7.3   research institution; 
  7.4      (7) one representative from a nonprofit organization 
  7.5   representing producers; 
  7.6      (8) one at-large member; 
  7.7      (9) one representative from the United States Department of 
  7.8   Agriculture; and 
  7.9      (10) one organic consumer representative. 
  7.10  Terms, compensation, and removal of members are governed by 
  7.11  section 15.059, subdivision 6.  The task force must meet at 
  7.12  least twice each year and expires on June 30, 2005. 
  7.13     (d) For the purposes of expanding, improving, and 
  7.14  developing production and marketing of the organic products of 
  7.15  Minnesota agriculture, the commissioner may receive funds from 
  7.16  state and federal sources and spend them, including through 
  7.17  grants or contracts, to assist producers and processors to 
  7.18  achieve certification, to conduct education or marketing 
  7.19  activities, to enter into research and development partnerships, 
  7.20  or to address production or marketing obstacles to the growth 
  7.21  and well-being of the industry. 
  7.22     (e) The commissioner may require registration of state 
  7.23  organic production and handling operations including those 
  7.24  exempt from organic certification according to Code of Federal 
  7.25  Regulations, title 7, section 205.101, and certification agents 
  7.26  operating within the state. 
  7.27     Sec. 19.  Minnesota Statutes 2002, section 32.01, 
  7.28  subdivision 10, is amended to read: 
  7.29     Subd. 10.  [DAIRY PRODUCT.] "Dairy product" means milk as 
  7.30  defined by Code of Federal Regulations, title 21, cream, any 
  7.31  product or by-product of either, or any commodity among the 
  7.32  principal constituents or ingredients of which is one or a 
  7.33  combination of two or more of them, as determined by standards, 
  7.34  grades, or rules duly adopted by the commissioner.  
  7.35     Sec. 20.  Minnesota Statutes 2002, section 32.21, 
  7.36  subdivision 4, is amended to read: 
  8.1      Subd. 4.  [PENALTIES.] (a) A person, other than a milk 
  8.2   producer, who violates this section is guilty of a misdemeanor 
  8.3   or subject to a civil penalty up to $1,000. 
  8.4      (b) A milk producer may not change milk plants within 30 
  8.5   days, without permission of the commissioner, after receiving 
  8.6   notification from the commissioner under paragraph (c) or (d) 
  8.7   that the milk producer has violated this section. 
  8.8      (c) A milk producer who violates subdivision 3, clause (1), 
  8.9   (2), (3), (4), or (5), is subject to clauses (1) to (3) of this 
  8.10  paragraph. 
  8.11     (1) Upon notification of the first violation in a 12-month 
  8.12  period, the producer must meet with the dairy plant field 
  8.13  service representative qualified dairy sanitarian to initiate 
  8.14  corrective action within 30 days. 
  8.15     (2) Upon the second violation within a 12-month period, the 
  8.16  producer is subject to a civil penalty of $300.  The 
  8.17  commissioner shall notify the producer by certified mail stating 
  8.18  the penalty is payable in 30 days, the consequences of failure 
  8.19  to pay the penalty, and the consequences of future violations. 
  8.20     (3) Upon the third violation within a 12-month period, the 
  8.21  producer is subject to an additional civil penalty of $300 and 
  8.22  possible revocation of the producer's permit or certification.  
  8.23  The commissioner shall notify the producer by certified mail 
  8.24  that all civil penalties owed must be paid within 30 days and 
  8.25  that the commissioner is initiating administrative procedures to 
  8.26  revoke the producer's permit or certification to sell milk for 
  8.27  at least 30 days. 
  8.28     (d) The producer's shipment of milk must be immediately 
  8.29  suspended if the producer is identified as an individual source 
  8.30  of milk containing residues causing a bulk load of milk to test 
  8.31  positive in violation of subdivision 3, clause (6) or (7).  The 
  8.32  Grade A or manufacturing grade permit must be converted to 
  8.33  temporary status for not more than 30 days and shipment may 
  8.34  resume only after subsequent milk has been sampled by the 
  8.35  commissioner or the commissioner's agent and found to contain no 
  8.36  residues above established tolerances or safe levels. 
  9.1      The Grade A or manufacturing grade permit may be restored 
  9.2   if the producer completes the "Milk and Dairy Beef Residue 
  9.3   Prevention Protocol" with a licensed veterinarian, displays the 
  9.4   signed certificate in the milkhouse, and sends verification to 
  9.5   the commissioner within the 30-day temporary permit status 
  9.6   period.  If the producer does not comply within the temporary 
  9.7   permit status period, the Grade A or manufacturing grade permit 
  9.8   must be suspended.  A milk producer whose milk supply is in 
  9.9   violation of subdivision 3, clause (6) or (7), and has caused a 
  9.10  bulk load to test positive is subject to clauses (1) to (3) of 
  9.11  this paragraph.  
  9.12     (1) For the first violation in a 12-month period, the 
  9.13  penalty is the value of all milk on the contaminated load plus 
  9.14  any costs associated with the disposition of the contaminated 
  9.15  load.  Future pickups are prohibited until subsequent testing 
  9.16  reveals the milk is free of drug residue.  A farm inspection 
  9.17  must be completed by the plant representative a qualified dairy 
  9.18  sanitarian and the producer to determine the cause of the 
  9.19  residue and actions required to prevent future violations. 
  9.20     (2) For the second violation in a 12-month period, the 
  9.21  penalty is the value of all milk on the contaminated load plus 
  9.22  any costs associated with the disposition of the contaminated 
  9.23  load.  Future pickups are prohibited until subsequent testing 
  9.24  reveals the milk is free of drug residue.  A farm inspection 
  9.25  must be completed by the regulatory agency or its agent to 
  9.26  determine the cause of the residue and actions required to 
  9.27  prevent future violations. 
  9.28     (3) For the third violation in a 12-month period, the 
  9.29  penalty is the value of all milk on the contaminated load plus 
  9.30  any costs associated with the disposition of the contaminated 
  9.31  load.  Future pickups are prohibited until subsequent testing 
  9.32  reveals the milk is free of drug residue.  The commissioner or 
  9.33  the commissioner's agent shall also notify the producer by 
  9.34  certified mail that the commissioner is initiating 
  9.35  administrative procedures to revoke the producer's right to sell 
  9.36  milk for a minimum of 30 days.  
 10.1      (4) If a bulk load of milk tests negative for residues and 
 10.2   there is a positive producer sample on the load, no civil 
 10.3   penalties may be assessed to the producer.  The plant must 
 10.4   report the positive result within 24 hours and reject further 
 10.5   milk shipments from that producer until the producer's milk 
 10.6   tests negative.  A farm inspection must be completed by the 
 10.7   plant representative and the producer to determine the cause of 
 10.8   the residue and actions required to prevent future violations.  
 10.9   The department shall suspend the producer's permit and count the 
 10.10  violation on the producer's record.  The Grade A or 
 10.11  manufacturing grade permit must be converted to temporary status 
 10.12  for not more than 30 days during which time the producer must 
 10.13  review the "Milk and Dairy Beef Residue Prevention Protocol" 
 10.14  with a licensed veterinarian, display the signed certificate in 
 10.15  the milkhouse, and send verification to the commissioner.  If 
 10.16  these conditions are met, the Grade A or manufacturing grade 
 10.17  permit must be reinstated.  If the producer does not comply 
 10.18  within the temporary permit status period, the Grade A or 
 10.19  manufacturing grade permit must be suspended. 
 10.20     (e) A milk producer that has been certified as completing 
 10.21  the "Milk and Dairy Beef Residue Prevention Protocol" within 12 
 10.22  months of the first violation of subdivision 3, clause (7), need 
 10.23  only review the cause of the violation with a field service 
 10.24  representative within three days to maintain Grade A or 
 10.25  manufacturing grade permit and shipping status if all other 
 10.26  requirements of this section are met. 
 10.27     (f) Civil penalties collected under this section must be 
 10.28  deposited in the milk inspection services account established in 
 10.29  this chapter. 
 10.30     Sec. 21.  Minnesota Statutes 2002, section 32.394, 
 10.31  subdivision 4, is amended to read: 
 10.32     Subd. 4.  [RULES.] The commissioner shall by rule 
 10.33  promulgate identity, production and processing standards for 
 10.34  milk, milk products and goat milk which are intended to bear the 
 10.35  Grade A label. 
 10.36     In the exercise of the authority to establish requirements 
 11.1   for Grade A milk, milk products, and goat milk, the commissioner 
 11.2   adopts definitions, standards of identity, and requirements for 
 11.3   production and processing contained in the "1999 2001 Grade A 
 11.4   Pasteurized Milk Ordinance" and the "1995 Grade A Condensed and 
 11.5   Dry Milk Ordinance" of the United States Department of Health 
 11.6   and Human Services, in a manner provided for and not in conflict 
 11.7   with law. 
 11.8      Sec. 22.  Minnesota Statutes 2002, section 32.394, 
 11.9   subdivision 8c, is amended to read: 
 11.10     Subd. 8c.  [GRADE A OR MANUFACTURING GRADE RAW MILK.] Grade 
 11.11  A or manufacturing grade raw milk must not have been stored 
 11.12  longer than 76 72 hours when it is picked up at the farm by the 
 11.13  receiving plant.  The commissioner or an agent of the 
 11.14  commissioner may waive the 76-hour 72-hour time limit in a case 
 11.15  of hardship, emergency, or natural disaster.  On farms permitted 
 11.16  or certified for bulk tank storage, the milk may only be picked 
 11.17  up from approved bulk milk tanks in proper working order. 
 11.18     Sec. 23.  Minnesota Statutes 2002, section 32.415, is 
 11.19  amended to read: 
 11.20     32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.] 
 11.21     (a) The commissioner may adopt rules to provide uniform 
 11.22  quality standards, and producers of milk used for manufacturing 
 11.23  purposes shall conform to the standards contained in Subparts B, 
 11.24  C, D, E, and F of the United States Department of Agriculture 
 11.25  Consumer and Marketing Service Recommended Requirements for Milk 
 11.26  for Manufacturing Purposes and its Production and Processing, as 
 11.27  revised through November 12, 1996 June 17, 2002, except that the 
 11.28  commissioner shall develop methods by which producers can comply 
 11.29  with the standards without violation of religious beliefs.  
 11.30     (b) The commissioner shall perform or contract for the 
 11.31  performance of the inspections necessary to implement this 
 11.32  section or shall certify dairy industry personnel to perform the 
 11.33  inspections.  
 11.34     (c) The commissioner and other employees of the department 
 11.35  shall make every reasonable effort to assist producers in 
 11.36  achieving the milk quality standards at minimum cost and to use 
 12.1   the experience and expertise of the University of Minnesota and 
 12.2   the agricultural extension service to assist producers in 
 12.3   achieving the milk quality standards in the most cost-effective 
 12.4   manner.  
 12.5      (d) The commissioner shall consult with producers, 
 12.6   processors, and others involved in the dairy industry in order 
 12.7   to prepare for the implementation of this section including 
 12.8   development of informational and educational materials, 
 12.9   meetings, and other methods of informing producers about the 
 12.10  implementation of standards under this section. 
 12.11     Sec. 24.  Minnesota Statutes 2002, section 35.0661, 
 12.12  subdivision 4, is amended to read: 
 12.13     Subd. 4.  [EXPIRATION.] This section expires July 31, 
 12.14  2003 2005. 
 12.15     Sec. 25.  Minnesota Statutes 2002, section 239.791, 
 12.16  subdivision 1, is amended to read: 
 12.17     Subdivision 1.  [MINIMUM OXYGEN ETHANOL CONTENT REQUIRED.] 
 12.18  Except as provided in subdivisions 10 to 14, a person 
 12.19  responsible for the product shall comply with the following 
 12.20  requirements: 
 12.21     (a) After October 1, 1995, gasoline sold or offered for 
 12.22  sale at any time in a carbon monoxide control area must contain 
 12.23  at least 2.7 percent oxygen by weight. 
 12.24     (b) After October 1, 1997, ensure that all gasoline sold or 
 12.25  offered for sale in Minnesota must contain at least 2.7 9.8 
 12.26  percent oxygen denatured ethanol by weight volume. 
 12.27     (c) For the purposes of this subdivision, the oxygenates 
 12.28  listed in section 239.761, subdivision 6, paragraph (b), shall 
 12.29  not be included in calculating the oxygen content of the 
 12.30  gasoline. 
 12.31     Sec. 26.  [REPEALER.] 
 12.32     Subdivision 1.  [ANAPLASMOSIS TESTING REQUIREMENT.] 
 12.33  Minnesota Statutes 2002, section 35.251, is repealed. 
 12.34     Subd. 2.  [RELATED RULES.] Minnesota Rules, parts 
 12.35  1700.0800; 1700.1000; 1700.1300; 1705.0550; 1705.0560; 
 12.36  1705.0570; 1705.0580; 1705.0590; 1705.0600; 1705.0610; 
 13.1   1705.0630; and 1715.1430, are repealed. 
 13.2      Sec. 27.  [REPEALER.] 
 13.3      Minnesota Statutes 2002, sections 31.92, subdivisions 2a 
 13.4   and 5; 31.93; 31.95; 32.391, subdivisions 1a, 1b, and 1c, are 
 13.5   repealed. 
 13.6      Sec. 28.  [EFFECTIVE DATE.] 
 13.7      Sections 24 and 26 are effective the day following final 
 13.8   enactment.