HF 1554

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 06/02/2016 12:42pm

A bill for an act
relating to agriculture; making policy and technical changes to various agriculture
related provisions, including provisions related to reports, loans, pesticides,
fertilizer, soil amendment, plant amendment, registrations, nursery stock,
agricultural chemicals, seeds, grain storage, and food; extending agricultural
growth, research, and innovation program; providing agritourism liability
immunity; providing permissive term usage for petroleum dispensers; extending
the protection of equity-stripping law to owners of agricultural property;
making technical changes; amending Minnesota Statutes 2014, sections 17.03,
subdivision 11a; 17.117, subdivision 11; 18B.055, subdivision 1; 18B.065,
subdivisions 2a, 7; 18B.30; 18B.37, subdivisions 2, 3, 4; 18C.235, subdivision 1;
18C.411, by adding a subdivision; 18H.14; 21.81, by adding subdivisions; 21.82,
subdivisions 2, 4; 21.85, subdivision 2, by adding a subdivision; 21.87; 34A.11;
41A.12, subdivision 4; 41B.039, subdivision 2; 41B.04, subdivision 8; 41B.042,
subdivision 4; 41B.043, subdivision 1b; 41B.045, subdivision 2; 41B.047,
subdivisions 1, 3, 4; 232.22, subdivision 5; 239.751, by adding a subdivision;
325N.01; 325N.10, subdivisions 2, 7; 325N.17; proposing coding for new law in
Minnesota Statutes, chapter 604A; repealing Minnesota Statutes 2014, section
18C.235, subdivision 2; Minnesota Rules, part 1510.0111.

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

Section 1.

Minnesota Statutes 2014, section 17.03, subdivision 11a, is amended to read:

Subd. 11a.

Permitting efficiency goal and report.

(a) It is the goal of the
Department of Agriculture that environmental and resource management permits be
issued or denied within 150 days of the submission of a completed permit application.
The commissioner of agriculture shall establish management systems designed to achieve
the goal.

(b) The commissioner shall prepare deleted text begin semiannual deleted text end new text begin an annual new text end permitting efficiency
deleted text begin reports deleted text end new text begin report new text end that deleted text begin include deleted text end new text begin includes new text end statistics on meeting the goal in paragraph (a). The
deleted text begin reports are deleted text end new text begin report is new text end due February 1 deleted text begin and August 1 deleted text end of each year. For permit applications
that have not met the goal, the report must state the reasons for not meeting the goal, steps
that will be taken to complete action on the application, and the expected timeline. In
stating the reasons for not meeting the goal, the commissioner shall separately identify
delays caused by the responsiveness of the proposer, lack of staff, scientific or technical
disagreements, or the level of public engagement. The report must specify the number
of days from initial submission of the application to the day of determination that the
application is complete. The report deleted text begin for the final quarter of the fiscal year deleted text end must aggregate
the data for the year and assess whether program or system changes are necessary to
achieve the goal. The report must be posted on the department Web site and submitted to
the governor and the chairs of the house of representatives and senate committees having
jurisdiction over agriculture policy and finance.

(c) The commissioner shall allow electronic submission of environmental review
and permit documents to the department.

Sec. 2.

Minnesota Statutes 2014, section 17.117, subdivision 11, is amended to read:

Subd. 11.

Loans issued to borrower.

(a) Local lenders may issue loans only for
projects that are approved and certified by the local government unit as meeting priority
needs identified in a comprehensive water management plan or other local planning
documents, are in compliance with accepted practices, standards, specifications, or
criteria, and are eligible for financing under Environmental Protection Agency or other
applicable guidelines.

(b) The local lender may use any additional criteria considered necessary to
determine the eligibility of borrowers for loans.

(c) Local lenders shall set the terms and conditions of loans to borrowers, except that:

(1) no loan to a borrower may exceed deleted text begin $100,000 deleted text end new text begin $200,000 new text end ;

(2) no loan for a project may exceed deleted text begin $100,000 deleted text end new text begin $200,000 new text end ; and

(3) no borrower shall, at any time, have multiple loans from this program with a total
outstanding loan balance of more than deleted text begin $100,000 deleted text end new text begin $200,000 new text end .

(d) The maximum term length for projects in this paragraph is ten years.

(e) Fees charged at the time of closing must:

(1) be in compliance with normal and customary practices of the local lender;

(2) be in accordance with published fee schedules issued by the local lender;

(3) not be based on participation program; and

(4) be consistent with fees charged other similar types of loans offered by the local
lender.

(f) The interest rate assessed to an outstanding loan balance by the local lender must
not exceed three percent per year.

Sec. 3.

Minnesota Statutes 2014, section 18B.055, subdivision 1, is amended to read:

Subdivision 1.

Compensation required.

(a) The commissioner deleted text begin of agriculture deleted text end must
compensate a person for an acute pesticide poisoning resulting in the death of bees or loss
of bee colonies owned by the person, provided:

(1) the person who applied the pesticide cannot be determined;

(2) the person who applied the pesticide did so in a manner consistent with the
pesticide product's label or labeling; or

(3) the person who applied the pesticide did so in a manner inconsistent with the
pesticide product's label or labeling.

(b) Except as provided in this section, the bee owner is entitled to the fair market
value of the dead bees and bee colonies losses as determined by the commissioner upon
recommendation by academic experts and bee keepers. In any fiscal year, a bee owner
must not be compensated for a claim that is less than $100 or compensated more than
$20,000 for all eligible claims.

new text begin (c) To be eligible for compensation under this section, the bee owner must be
registered with a commonly utilized pesticide registry program, as designated by the
commissioner.
new text end

Sec. 4.

Minnesota Statutes 2014, section 18B.065, subdivision 2a, is amended to read:

Subd. 2a.

Disposal site requirement.

(a) For agricultural waste pesticides, the
commissioner must new text begin enter into a contract with a county or group of counties under a
joint powers agreement for household hazardous waste disposal or new text end designate a place deleted text begin in
each county of the state deleted text end that is available at least every other year for persons to dispose
of unused portions of agricultural pesticides. The commissioner shall consult with the
person responsible for solid waste management and disposal in each county new text begin not under
contract new text end to determine an appropriate location and to advertise each collection event.
deleted text begin The commissioner may provide a collection opportunity in a county more frequently
deleted text end new text begin Additional collection events may be provided new text end if the commissioner determines that deleted text begin a
collection is deleted text end new text begin additional collections are new text end warranted.

(b) For nonagricultural waste pesticides, the commissioner must deleted text begin provide a disposal
deleted text end deleted text begin opportunity each year in each county or deleted text end enter into a contract with a new text begin county or new text end group
of counties under a joint powers agreement deleted text begin or contract deleted text end for household hazardous waste
disposal new text begin or designate a place that is available at least every other year for persons to
dispose of unused portions of nonagricultural pesticides new text end .

(c) As provided under subdivision 7, the commissioner may enter into cooperative
agreements with local units of government to provide the collections required under
paragraph (a) or (b) and shall provide a local unit of government, as part of the cooperative
agreement, with funding for reasonable costs incurred including, but not limited to, related
supplies, transportation, advertising, and disposal costs as well as reasonable overhead
costs.

(d) A person who collects waste pesticide under this section shall, on a form
provided or in a method approved by the commissioner, record deleted text begin information on each deleted text end new text begin the
actual or estimated weight of agricultural new text end waste pesticide deleted text begin product deleted text end new text begin products new text end collected
deleted text begin including, but not limited to, the quantity collected and either the product name and its
active ingredient or ingredients or the United States Environmental Protection Agency
registration number. The person must deleted text end new text begin and new text end submit this information to the commissioner
at least annually deleted text begin by January 30 deleted text end .

Sec. 5.

Minnesota Statutes 2014, section 18B.065, subdivision 7, is amended to read:

Subd. 7.

Cooperative agreements.

(a) The commissioner may enter into
cooperative agreements with state agencies and local units of government for
administration of the waste pesticide collection program. The commissioner shall ensure
that the program deleted text begin is carried out in all counties deleted text end new text begin provides collection opportunities statewide new text end . If
the commissioner cannot contract with another party to administer the program in a county,
the commissioner shall perform collections according to the provisions of this section.

(b) The commissioner, according to the terms of a cooperative agreement between
the commissioner and a local unit of government, may establish limits for unusual types
or excessive quantities of waste pesticide offered by pesticide end users to the local unit
of government.

Sec. 6.

Minnesota Statutes 2014, section 18B.30, is amended to read:

18B.30 PESTICIDE USE LICENSE REQUIREMENT new text begin ; INTERNET SALES
PROHIBITED; RESTRICTED USE PESTICIDES new text end .

new text begin (a) new text end A person may not use a restricted use pesticide without a license or certification
required under sections 18B.29 to 18B.35 and the use may only be done under conditions
prescribed by the commissioner.

new text begin (b) A person shall not sell any pesticide labeled for restricted use over an Internet
Web site to a Minnesota resident who is not a licensed or certified pesticide applicator.
A person selling a pesticide labeled for restricted use over an Internet Web site to a
Minnesota resident must verify that the purchaser is a licensed or certified pesticide
applicator under sections 18B.29 to 18B.35.
new text end

Sec. 7.

Minnesota Statutes 2014, section 18B.37, subdivision 2, is amended to read:

Subd. 2.

Commercial and noncommercial applicators.

(a) A commercial or
noncommercial applicator, or the applicator's authorized agent, must maintain a record of
pesticides used on each site. Noncommercial applicators must keep records of restricted
use pesticides. The record must include the:

(1) date of the pesticide use;

(2) time the pesticide application was completed;

(3) brand name of the pesticide, the United States Environmental Protection Agency
registration number, and deleted text begin dosage deleted text end new text begin rate new text end used;

(4) number of units treated;

(5) temperature, wind speed, and wind direction;

(6) location of the site where the pesticide was applied;

(7) name and address of the customer;

(8) name deleted text begin and signature deleted text end of applicator, name of company, license number of applicator,
and address of applicator company; and

(9) any other information required by the commissioner.

(b) Portions of records not relevant to a specific type of application may be omitted
upon approval from the commissioner.

(c) All information for this record requirement must be contained in a deleted text begin single page
deleted text end document for each pesticide application, except a map may be attached to identify treated
areas. deleted text begin For the rights-of-way and wood preservative categories, the required record may
not exceed five pages. deleted text end An invoice containing the required information may constitute
the required record. The commissioner shall make sample forms available to meet the
requirements of this paragraph.

new text begin (d) The record must be completed no later than five days after the application of
the pesticide.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end A commercial applicator must give a copy of the record to the customer.

deleted text begin (e) deleted text end new text begin (f) new text end Records must be retained by the applicator, company, or authorized agent
for five years after the date of treatment.

Sec. 8.

Minnesota Statutes 2014, section 18B.37, subdivision 3, is amended to read:

Subd. 3.

Structural pest control applicators.

(a) A structural pest control
applicator must maintain a record of each structural pest control application conducted by
that person or by the person's employees. The record must include the:

(1) date of structural pest control application;

(2) target pest;

(3) brand name of the pesticide, United States Environmental Protection Agency
registration number, and amount used;

(4) for fumigation, the temperature and exposure time;

(5) time the pesticide application was completed;

(6) name and address of the customer;

(7) name deleted text begin and signature deleted text end of structural pest control applicator deleted text begin ; deleted text end new text begin , new text end name of company
and address of applicator or company, deleted text begin applicator's signature, deleted text end and license number of
applicator; and

(8) any other information required by the commissioner.

(b) All information for this record requirement must be contained in a deleted text begin single-page
deleted text end document for each pesticide application. An invoice containing the required information
may constitute the record.

new text begin (c) The record must be completed no later than five days after the application of
the pesticide.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end Records must be retained for five years after the date of treatment.

deleted text begin (d) deleted text end new text begin (e) new text end A copy of the record must be given to a person who ordered the application
that is present at the site where the structural pest control application is conducted, placed
in a conspicuous location at the site where the structural pest control application is
conducted immediately after the application of the pesticides, or delivered to the person
who ordered an application or the owner of the site. The commissioner must make sample
forms available that meet the requirements of this subdivision.

Sec. 9.

Minnesota Statutes 2014, section 18B.37, subdivision 4, is amended to read:

Subd. 4.

Incident response plan.

A pesticide dealer, agricultural pesticide dealer,
or a commercial, noncommercial, or structural pest control deleted text begin business deleted text end new text begin company or a person
who is required to be permitted to store or produce bulk agricultural chemicals new text end must
develop and maintain an incident response plan that describes the actions that will be
taken to prevent and respond to deleted text begin pesticide deleted text end new text begin agricultural chemical new text end incidents. The plan must
deleted text begin contain the same information as forms provided by the commissioner deleted text end new text begin include information
the commissioner deems necessary to respond to an agricultural chemical emergency
incident. The commissioner shall make sample incident response plan forms available new text end .
The plan must be kept at a principal business site or location within this state and must be
submitted to the commissioner upon request. new text begin The plan must be:
new text end

new text begin (1) updated every three years, or whenever information on the form becomes out of
date, whichever is earlier;
new text end

new text begin (2) reviewed with employees at least once per calendar year and include
documentation of training events; and
new text end

new text begin (3) made available to local first responders and documented accordingly.
new text end

Sec. 10.

Minnesota Statutes 2014, section 18C.235, subdivision 1, is amended to read:

Subdivision 1.

Plan required.

new text begin (a) new text end A person new text begin required to be licensed under section
18C.415, or a person new text end who stores fertilizers, soil amendment, or plant amendment products
in bulk must develop and maintain deleted text begin a contingency plan that describes the storage, handling,
disposal, and incident handling practices. deleted text end new text begin an incident response plan that describes the
actions that will be taken to prevent and respond to agricultural chemical incidents.
The plan must include information the commissioner deems necessary to respond to an
agricultural chemical emergency incident. The commissioner shall make sample incident
response plan forms available. The plan must be kept at a principal business site or
location within this state and must be submitted to the commissioner upon request. The
plan must be:
new text end

new text begin (1) updated every three years, or whenever information on the form becomes out of
date, whichever is earlier;
new text end

new text begin (2) reviewed with employees at least once per calendar year and include
documentation of training events; and
new text end

new text begin (3) made available to local first responders and documented accordingly.
new text end

new text begin (b) A person also required to maintain an incident response plan under section
18B.37 is not required to maintain a separate incident response plan under this subdivision.
new text end

Sec. 11.

Minnesota Statutes 2014, section 18C.411, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Discontinuance of specialty fertilizer, soil amendment, and plant
amendment registration. new text end

new text begin To ensure complete withdrawal from distribution or further use
of a specialty fertilizer, soil amendment, or plant amendment, a person who intends to
discontinue a specialty fertilizer, soil amendment, and plant amendment registration must:
new text end

new text begin (1) terminate any further distribution of the specialty fertilizer, soil amendment, or
plant amendment within the state;
new text end

new text begin (2) continue to register the specialty fertilizer, soil amendment, or plant amendment
annually for two successive years;
new text end

new text begin (3) initiate and complete a total recall of the specialty fertilizer, soil amendment,
or plant amendment from all distribution in the state within 60 days from the date of
notification to the commissioner of intent to discontinue registration; or
new text end

new text begin (4) submit to the commissioner evidence adequate to document that no distribution
of the registered specialty fertilizer, soil amendment, or plant amendment has occurred in
the state.
new text end

Sec. 12.

Minnesota Statutes 2014, section 18H.14, is amended to read:

18H.14 LABELING AND ADVERTISING OF NURSERY STOCK.

(a) Plants, plant materials, or nursery stock must not be labeled or advertised with
false or misleading information including, but not limited to, scientific name, variety,
place of origin, hardiness zone as defined by the United States Department of Agriculture,
and growth habit.

(b) All nonhardy nursery stock as designated by the commissioner must be labeled
new text begin correctly for hardiness or be labeled new text end "nonhardy" in Minnesota.

(c) A person may not offer for distribution plants, plant materials, or nursery stock,
represented by some specific or special form of notation, including, but not limited to,
"free from" or "grown free of," unless the plants are produced under a specific program
approved by the commissioner to address the specific plant properties addressed in the
special notation claim.

(d) Nursery stock collected from the wild state must be inspected and certified
prior to sale and at the time of sale must be labeled "Collected from the Wild." The label
must remain on each plant or clump of plants while it is offered for sale and during the
distribution process. The collected stock may be grown in nursery rows at least two years,
after which the plants may be sold without the labeling required by this paragraph.

(e) A person new text begin selling at retail or providing to an end user new text end may not label or advertise
an annual plant, bedding plant, or other plant, plant material, or nursery stock as beneficial
to pollinators if the annual plant, bedding plant, plant material, or nursery stock has new text begin :
new text end

new text begin (1) new text end been treated with deleted text begin and has deleted text end a deleted text begin detectable level of deleted text end systemic insecticide that:

deleted text begin (1) deleted text end new text begin (i) new text end has a pollinator protection box on the label; or

deleted text begin (2) deleted text end new text begin (ii) new text end has a pollinator, bee, or honey bee precautionary statement in the
environmental hazards section of the insecticide product label new text begin ; and
new text end

new text begin (2) a concentration in its flowers greater than the no observed adverse effect level
of a systemic insecticide new text end .

The commissioner shall enforce this paragraph as provided in chapter 18J.

new text begin (f) For the purposes of paragraph (e):
new text end

new text begin (1) "systemic insecticide" means an insecticide that is both absorbed by the plant
and translocated through the plant's vascular system; and
new text end

new text begin (2) "no observed adverse effect level" means the level established by the United
States Environmental Protection Agency for acute oral toxicity for adult honeybees.
new text end

Sec. 13.

Minnesota Statutes 2014, section 21.81, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Address. new text end

new text begin "Address" means the complete primary mailing address of the
labeler or the person or firm selling seed. A complete address includes the street address,
post office box, or rural route, and city, state, and zip code or postal code.
new text end

Sec. 14.

Minnesota Statutes 2014, section 21.81, is amended by adding a subdivision
to read:

new text begin Subd. 27a. new text end

new text begin Total viable. new text end

new text begin "Total viable" means the sum of the germination
percentage, plus hard seeds, dormant seeds, or both.
new text end

Sec. 15.

Minnesota Statutes 2014, section 21.82, subdivision 2, is amended to read:

Subd. 2.

Content.

For agricultural, vegetable, flower, or wildflower seeds offered
for sale as agricultural seed, except as otherwise provided in subdivisions 4, 5, and 6, the
label must contain:

(a) The name of the kind or kind and variety for each seed component in excess
of five percent of the whole and the percentage by weight of each in order of its
predominance. The commissioner shall by rule designate the kinds that are required to be
labeled as to variety. If the variety of those kinds generally labeled as to variety is not
stated and it is not required to be stated, the label shall show the name of the kind and the
words: "Variety not stated." The heading "pure seed" must be indicated on the seed label
in close association with other required label information.

(1) The percentage that is hybrid shall be at least 95 percent of the percentage of pure
seed shown unless the percentage of pure seed which is hybrid seed is shown separately.
If two or more kinds or varieties are present in excess of five percent and are named on
the label, each that is hybrid shall be designated as hybrid on the label. Any one kind or
kind and variety that has pure seed which is less than 95 percent but more than 75 percent
hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to
show the percentage of pure seed that is hybrid seed or a statement such as "contains from
75 percent to 95 percent hybrid seed." No one kind or variety of seed shall be labeled as
hybrid if the pure seed contains less than 75 percent hybrid seed. The word hybrid shall be
shown on the label in conjunction with the kind.

(2) Blends shall be listed on the label using the term "blend" in conjunction with
the kind.

(3) Mixtures shall be listed on the label using the term "mixture," "mix," or "mixed."

(b) Lot number or other lot identification.

(c) Origin, if known, or that the origin is unknown.

(d) Percentage by weight of all weed seeds present. This percentage may not exceed
one percent. The heading "weed seed" must be indicated on the seed label in close
association with other required label information.

(e) Name and rate of occurrence per pound of each kind of restricted noxious weed
seeds present. They must be listed under the heading "noxious weed seeds" in close
association with other required label information.

(f) Percentage by weight of seeds other than those kinds and varieties required
to be named on the label. They must be listed under the heading "other crop" in close
association with other required label information.

(g) Percentage by weight of inert matter. The heading "inert matter" must be
indicated on the seed label in close association with other required label information.

(h) Net weight of contents, to appear on either the container or the label.

(i) For each named kind or variety of seed:

(1) percentage of germination, exclusive of hard or dormant seed or both;

(2) percentage of hard or dormant seed or both, if present; and

(3) the calendar month and year the percentages were determined by test or the
statement "sell by (month and year)" which may not be more than 12 months from the
date of test, exclusive of the month of test.

The headings for "germination" and "hard seed or dormant seed" percentages must be
stated separately on the seed label. A separate percentage derived from combining these
percentages may also be stated on the seed label deleted text begin , but the heading for this percentage must
be "total germination and hard seed or dormant seed when applicable." They must not be
stated as "total live seed," "total germination," or in any other unauthorized manner. deleted text end new text begin as
"total viable."
new text end

(j) Name and address of the person who labeled the seed or who sells the seed within
this state, or a code number which has been registered with the commissioner.

Sec. 16.

Minnesota Statutes 2014, section 21.82, subdivision 4, is amended to read:

Subd. 4.

Hybrid seed corn.

For hybrid seed corn purposes a label must contain:

(1) a statement indicating the number of seeds in the container may be listed along
with or in lieu of the net weight of contents; and

(2) for each variety of hybrid seed field corn, the day classification as determined
by the originator or owner. The day classification must approximate the number of days
of growing season necessary from emergence of the corn plant above ground to relative
maturity and must deleted text begin conform to the day classification established by the director of deleted text end new text begin be
within three days of maturity ratings determined in comparative trials by new text end the Minnesota
agricultural experiment station deleted text begin for the appropriate zone deleted text end .

Sec. 17.

Minnesota Statutes 2014, section 21.85, subdivision 2, is amended to read:

Subd. 2.

Seed laboratory.

new text begin (a) new text end The commissioner shall establish and maintain a seed
laboratory for seed testing, employing necessary agents and assistants to administer and
enforce sections 21.80 to 21.92, who shall be governed by chapter 43A.

new text begin (b) The laboratory procedures for testing official seed samples are the procedures
set forth in the Rules for Testing Seeds that is published annually by the Association of
Official Seed Analysts. If a laboratory procedure rule does not exist for a particular type
of seed, then laboratory procedures from other recognized seed testing sources may be
used, including procedures under the Code of Federal Regulations, title 7, part 201, or
the International Rules for Testing Seeds.
new text end

Sec. 18.

Minnesota Statutes 2014, section 21.85, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Prohibited and restricted seeds. new text end

new text begin The commissioner shall determine
species that are considered prohibited weed seeds and restricted noxious weed seeds and
the allowable rate of occurrence of restricted noxious weed seeds.
new text end

Sec. 19.

Minnesota Statutes 2014, section 21.87, is amended to read:

21.87 EXEMPTION.

new text begin (a) new text end Sections 21.82 and 21.83 do not apply new text begin to new text end :

deleted text begin (a) to deleted text end new text begin (1) new text end seed or grain not intended for sowing purposes;

deleted text begin (b) to deleted text end new text begin (2) new text end seed in storage in or being transported or consigned to a conditioning
establishment for conditioning, provided that the invoice or label accompanying any
shipment of the seeds bears the statement "seeds for conditioning," and provided that any
labeling or other representation which may be made with respect to the unconditioned
seed is subject to the provisions of sections 21.82 and 21.83; deleted text begin or
deleted text end

deleted text begin (c) to deleted text end new text begin (3) new text end any carrier with respect to seed transported or delivered for transportation
in the ordinary course of its business as a carrier, provided that the carrier is not engaged
in producing, conditioning, or marketing seeds subject to sections 21.82 and 21.83 new text begin ; or
new text end

new text begin (4) interpersonal sharing of seed for home, educational, charitable, or personal
noncommercial use new text end .

new text begin (b) Notwithstanding paragraph (a), sections 21.82 and 21.83 do apply if a person
distributes seed found to:
new text end

new text begin (1) contain seed of patented, protected, or proprietary varieties used without
permission of the patent or certificate holder of the intellectual property associated with
the variety;
new text end

new text begin (2) have been misrepresented as certified seed; or
new text end

new text begin (3) contain prohibited or restricted weed seeds or seeds from species listed as
noxious by the commissioner under chapter 18.
new text end

Sec. 20.

Minnesota Statutes 2014, section 34A.11, is amended to read:

34A.11 EMBARGO, SEIZURE, AND CONDEMNATION.

Subdivision 1.

Tag, notice, or withdrawal from distribution.

If the commissioner
finds probable cause to believe that any food, animal, or consumer commodity is being
distributed in violation of this chapter or rules under this chapter, or is adulterated or so
misbranded as to be dangerous or fraudulent, the commissioner shall affix to the food,
animal, new text begin equipment, facility, new text end or consumer commodity a tag, withdrawal from distribution
order, or other appropriate marking giving notice that the food, animal, new text begin equipment,
facility, new text end or consumer commodity is, or is suspected of being, adulterated, misbranded, or
distributed in violation of this chapter, and has been detained or embargoed, and warning
all persons not to remove or dispose of the food, animal, new text begin equipment, facility, new text end or consumer
commodity by sale or otherwise until permission for removal or disposal is given by the
commissioner or the court. It is unlawful for a person to remove or dispose of a detained or
embargoed food, animal, new text begin equipment, food stored in a facility, new text end or consumer commodity by
sale or otherwise without the commissioner's or a court's permission and each transaction
is a separate violation of this subdivision.

Subd. 2.

Seizure.

A carcass; part of a carcass; meat or meat food product of an
animal; or dead, dying, disabled, or diseased animal that is being transported in intrastate
commerce, or is held for sale in this state after transportation in intrastate commerce, may
be proceeded against, seized, and condemned if:

(1) it is or has been prepared, sold, transported, or otherwise distributed, offered, or
received for distribution in violation of this chapter;

(2) it is usable as human food and is adulterated or misbranded; or

(3) it is in any other way in violation of this chapter.

The commissioner may act against the article or animal at any time on a complaint
in the district court of the judicial district where the article or animal is found.

Subd. 3.

Action for condemnation.

If food deleted text begin or an deleted text end new text begin , new text end article new text begin , equipment, new text end or animal
detained or embargoed under subdivision 1 has been found by the commissioner to be
adulterated or misbranded or in violation of this chapter, the commissioner shall petition
the district court in the county in which the food new text begin , article, equipment, new text end or animal is detained
or embargoed for an order and decree for the condemnation of the food new text begin , article, equipment,
new text end or animal. The commissioner shall release the food new text begin , article, equipment, new text end or animal when
this chapter and rules adopted under this chapter have been complied with or the food new text begin ,
article, equipment, new text end or animal is found to be not adulterated or misbranded.

Subd. 4.

Remedies.

If the court finds that a detained or embargoed food new text begin , article,
equipment, new text end or animal is adulterated, misbranded, or in violation of this chapter or rules
adopted under this chapter, the following remedies are available:

(1) after entering a decree, the food new text begin , article, equipment, new text end or animal may be destroyed
at the expense of the claimant under the supervision of the commissioner, and all court
costs, fees, storage, and other proper expenses must be assessed against the claimant of the
food new text begin , article, equipment, new text end or animal or the claimant's agent; and

(2) if adulteration or misbranding can be corrected by proper labeling or processing of
the food deleted text begin or deleted text end new text begin , new text end animal, new text begin or repair of the equipment, new text end the court, after entry of the decree and after
costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that
the food or animal must be properly labeled or processed new text begin or equipment properly repaired new text end ,
has been executed, may by order direct that the food or animal be delivered to the claimant
for proper labeling or processing new text begin or repairing of equipment new text end under the supervision of the
commissioner. The expense of the supervision must be paid by the claimant. The food deleted text begin or deleted text end new text begin ,
new text end animal new text begin , or equipment new text end must be returned to the claimant and the bond must be discharged on
the representation to the court by the commissioner that the food deleted text begin or deleted text end new text begin , new text end animal new text begin , or equipment
new text end is no longer in violation and that the expenses for the supervision have been paid.

Subd. 5.

Duties of commissioner.

If the commissioner finds in any room, building,
new text begin piece of equipment, new text end vehicle of transportation, or other structure any meat, seafood,
poultry, vegetable, fruit, or other perishable articles of food that are unsound, or contain
any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to
health or otherwise unsafe, the commissioner shall condemn or destroy the item or in any
other manner render the item as unsalable as human food, and no one has any cause of
action against the commissioner on account of the commissioner's action.

Subd. 6.

Emergency response.

If the governor declares an emergency order under
section 12.31 and if the commissioner finds or has probable cause to believe that livestock,
food, or a consumer commodity within a specific area is likely to be adulterated because
of the emergency or so misbranded as to be dangerous or fraudulent, or is in violation of
section 31.131, subdivision 1, the commissioner may embargo a geographic area that is
included in the declared emergency. The commissioner shall provide notice to the public
and to those with custody of the product in as thorough a manner as is practicable under
the emergency circumstances.

new text begin Subd. 7. new text end

new text begin Emergency powers. new text end

new text begin After an emergency declaration issued under chapter
12, chapter 35, or the federal Stafford Act, the commissioner may restrict the movement
of food if the commissioner has probable cause to believe that the movement of food may:
threaten the agricultural economy; transport a dangerous, infectious, or communicable
disease; or threaten the health of animals. The commissioner may provide for the issuance
of permits to allow for the continued movement of food upon meeting the disease control
measures established by the commissioner.
new text end

Sec. 21.

Minnesota Statutes 2014, section 41A.12, subdivision 4, is amended to read:

Subd. 4.

Sunset.

This section expires on June 30, deleted text begin 2015 deleted text end new text begin 2025 new text end .

Sec. 22.

Minnesota Statutes 2014, section 41B.039, subdivision 2, is amended to read:

Subd. 2.

State participation.

The state may participate in a new real estate loan
with an eligible lender to a beginning farmer to the extent of 45 percent of the principal
amount of the loan or deleted text begin $300,000 deleted text end new text begin $400,000 new text end , whichever is less. The interest rates and
repayment terms of the authority's participation interest may be different than the interest
rates and repayment terms of the lender's retained portion of the loan.

Sec. 23.

Minnesota Statutes 2014, section 41B.04, subdivision 8, is amended to read:

Subd. 8.

State participation.

With respect to loans that are eligible for restructuring
under sections 41B.01 to 41B.23 and upon acceptance by the authority, the authority
shall enter into a participation agreement or other financial arrangement whereby it shall
participate in a restructured loan to the extent of 45 percent of the primary principal
or deleted text begin $400,000 deleted text end new text begin $525,000 new text end , whichever is less. The authority's portion of the loan must be
protected during the authority's participation by the first mortgage held by the eligible
lender to the extent of its participation in the loan.

Sec. 24.

Minnesota Statutes 2014, section 41B.042, subdivision 4, is amended to read:

Subd. 4.

Participation limit; interest.

The authority may participate in new
seller-sponsored loans to the extent of 45 percent of the principal amount of the loan or
deleted text begin $300,000 deleted text end new text begin $400,000 new text end , whichever is less. The interest rates and repayment terms of the
authority's participation interest may be different than the interest rates and repayment
terms of the seller's retained portion of the loan.

Sec. 25.

Minnesota Statutes 2014, section 41B.043, subdivision 1b, is amended to read:

Subd. 1b.

Loan participation.

The authority may participate in an agricultural
improvement loan with an eligible lender to a farmer who meets the requirements of
section 41B.03, subdivision 1, clauses (1) and (2), and who is actively engaged in farming.
Participation is limited to 45 percent of the principal amount of the loan or deleted text begin $300,000
deleted text end new text begin $400,000 new text end , whichever is less. The interest rates and repayment terms of the authority's
participation interest may be different than the interest rates and repayment terms of
the lender's retained portion of the loan.

Sec. 26.

Minnesota Statutes 2014, section 41B.045, subdivision 2, is amended to read:

Subd. 2.

Loan participation.

The authority may participate in a livestock
expansion loan with an eligible lender to a livestock farmer who meets the requirements
of section 41B.03, subdivision 1, clauses (1) and (2), and who are actively engaged in
a livestock operation. A prospective borrower must have a total net worth, including
assets and liabilities of the borrower's spouse and dependents, of less than $660,000 in
2004 and an amount in subsequent years which is adjusted for inflation by multiplying
that amount by the cumulative inflation rate as determined by the United States All-Items
Consumer Price Index.

Participation is limited to 45 percent of the principal amount of the loan or deleted text begin $400,000
deleted text end new text begin $525,000 new text end , whichever is less. The interest rates and repayment terms of the authority's
participation interest may be different from the interest rates and repayment terms of
the lender's retained portion of the loan.

Sec. 27.

Minnesota Statutes 2014, section 41B.047, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The authority shall establish and implement a
disaster recovery loan program to help farmers:

(1) clean up, repair, or replace farm structures and septic and water systems, as well
as replace seed, other crop inputs, feed, and livestock, when damaged by high winds,
hail, tornado, or flood; deleted text begin or
deleted text end

(2) purchase watering systems, irrigation systems, and other drought mitigation
systems and practices when drought is the cause of the purchase new text begin ;
new text end

new text begin (3) restore farmland; or
new text end

new text begin (4) replace flocks, make building improvements, or obtain an operating line of credit
if the loss or damage is due to the confirmed presence of highly pathogenic avian influenza
in a commercial poultry flock in Minnesota new text end .

Sec. 28.

Minnesota Statutes 2014, section 41B.047, subdivision 3, is amended to read:

Subd. 3.

Eligibility.

To be eligible for this program, a borrower must:

(1) meet the requirements of section 41B.03, subdivision 1;

(2) certify that the damage or loss was sustained within a county that was the subject
of new text begin (i) new text end a state or federal disaster declaration new text begin or (ii) a peacetime emergency declaration
made by the governor under section 12.31 new text end ;

(3) demonstrate an ability to repay the loan;

(4) new text begin for loans under subdivision 1, clauses (1) to (3), new text end have a total net worth, including
assets and liabilities of the borrower's spouse and dependents, of less than $660,000 in
2004 and an amount in subsequent years which is adjusted for inflation by multiplying that
amount by the cumulative inflation rate as determined by the Consumer Price Index; and

(5) have received at least 50 percent of average annual gross income from farming
for the past three years.

Sec. 29.

Minnesota Statutes 2014, section 41B.047, subdivision 4, is amended to read:

Subd. 4.

Loans.

(a) The authority may participate in a disaster recovery loan with
an eligible lender to a farmer who is eligible under subdivision 3. Participation is limited
to 45 percent of the principal amount of the loan or deleted text begin $50,000 deleted text end new text begin $200,000 new text end , whichever is less.
The interest rates and repayment terms of the authority's participation interest may differ
from the interest rates and repayment terms of the lender's retained portion of the loan, but
the authority's interest rate must not exceed four percent.

(b) Standards for loan amortization shall be set by the Rural Finance Authority
not to exceed ten years.

(c) Security for the disaster recovery loans must be a personal note executed by the
borrower and whatever other security is required by the eligible lender or the authority.

(d) The authority may impose a reasonable nonrefundable application fee for a
disaster recovery loan. The authority may review the fee annually and make adjustments as
necessary. The application fee is initially $50. Application fees received by the authority
must be deposited in the revolving loan account established under section 41B.06.

(e) Disaster recovery loans under this program will be made using money in the
revolving loan account established under section 41B.06.

(f) Repayments of financial assistance under this section, including principal and
interest, must be deposited into the revolving loan account established under section
41B.06.

Sec. 30.

Minnesota Statutes 2014, section 232.22, subdivision 5, is amended to read:

Subd. 5.

Statement of grain in storage; reports.

(a) All public grain warehouse
operators must by February 15 of each year file with the commissioner on a form approved
by the commissioner a report showing the annual average liability of all grain outstanding
on grain warehouse receipts new text begin , open storage, and grain stored for feed processing new text end that
occurred during the preceding calendar year. This report shall be used for the purpose
of establishing the penal sum of the bond.

(b) Warehouse operators that are at a maximum bond and want to continue at
maximum bond do not need to file this report.

(c) It is a violation of this chapter for any public grain warehouse operator to fail to
file the report required in paragraph (a).

(d) Every public grain warehouse operator shall keep in a place of safety complete
and accurate records and accounts relating to any grain warehouse operated. The records
shall reflect each commodity received and shipped daily, the balance remaining in the
grain warehouse at the close of each business day, a listing of all unissued grain warehouse
receipts in the operator's possession, a record of all grain warehouse receipts issued which
remain outstanding and a record of all grain warehouse receipts which have been returned
for cancellation. Copies of grain warehouse receipts or other documents evidencing
ownership of grain by a depositor, or other liability of the grain warehouse operator, shall
be retained as long as the liability exists but must be kept for a minimum of three years.

(e) Every public grain warehouse operator must maintain in the grain warehouse
at all times grain of proper grade and sufficient quantity to meet delivery obligations on
all outstanding grain warehouse receipts.

Sec. 31.

Minnesota Statutes 2014, section 239.751, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Use of term "diesel fuel." new text end

new text begin For the purposes of this section, the term
"diesel fuel" may be used to advertise or identify a dispenser used to dispense any
fuel approved by the United States Environmental Protection Agency for use in a
compression-ignition engine.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 32.

Minnesota Statutes 2014, section 325N.01, is amended to read:

325N.01 DEFINITIONS.

The definitions in paragraphs (a) to (h) apply to sections 325N.01 to 325N.09.

(a) "Foreclosure consultant" means any person who, directly or indirectly, makes
any solicitation, representation, or offer to any owner to perform for compensation or
who, for compensation, performs any service which the person in any manner represents
will in any manner do any of the following:

(1) stop or postpone the foreclosure sale;

(2) obtain any forbearance from any beneficiary or mortgagee;

(3) assist the owner to exercise the right of reinstatement provided in section 580.30;

(4) obtain any extension of the period within which the owner may reinstate the
owner's obligation;

(5) obtain any waiver of an acceleration clause contained in any promissory note or
contract secured by a mortgage on a residence in foreclosure or contained in the mortgage;

(6) assist the owner in foreclosure or loan default to obtain a loan or advance of funds;

(7) avoid or ameliorate the impairment of the owner's credit resulting from the
recording of a notice of default or the conduct of a foreclosure sale;

(8) save the owner's residence from foreclosure; or

(9) negotiate or modify the terms or conditions of an existing residential mortgage
loan.

(b) A foreclosure consultant does not include any of the following:

(1) a person licensed to practice law in this state when the person renders service in
the course of the person's practice as an attorney-at-law;

(2) a person licensed as a debt management services provider under chapter 332A,
when the person is acting as a debt management services provider as defined in that chapter;

(3) a person licensed as a real estate broker or salesperson under chapter 82 when the
person engages in acts whose performance requires licensure under that chapter unless the
person is engaged in offering services designed to, or purportedly designed to, enable the
owner to retain possession of the residence in foreclosure;

(4) a person licensed as an accountant under chapter 326A when the person is acting
in any capacity for which the person is licensed under those provisions;

(5) a person or the person's authorized agent acting under the express authority
or written approval of the Department of Housing and Urban Development or other
department or agency of the United States or this state to provide services;

(6) a person who holds or is owed an obligation secured by a lien on any residence
in foreclosure when the person performs services in connection with this obligation or lien
if the obligation or lien did not arise as the result of or as part of a proposed foreclosure
reconveyance;

(7) any person or entity doing business under any law of this state, or of the United
States relating to banks, trust companies, savings and loan associations, industrial loan and
thrift companies, regulated lenders, credit unions, insurance companies, or a mortgagee
which is a United States Department of Housing and Urban Development approved
mortgagee and any subsidiary or affiliate of these persons or entities, and any agent or
employee of these persons or entities while engaged in the business of these persons
or entities;

(8) a person licensed as a residential mortgage originator or servicer pursuant to
chapter 58, when acting under the authority of that license, except that the provisions of
sections 325N.01 to 325N.06, 325N.08, and 325N.09 shall apply to any person operating
under a mortgage originator license who negotiates or offers to negotiate the terms or
conditions of an existing residential mortgage loan;

(9) a nonprofit agency or organization that has tax-exempt status under section
501(c)(3) of the Internal Revenue Code that offers counseling or advice to an owner of
a home in foreclosure or loan default if they do not contract for services with for-profit
lenders or foreclosure purchasers, except that they shall comply with the provisions of
section 325N.04, clause (1);

(10) a judgment creditor of the owner, to the extent that the judgment creditor's claim
accrued prior to the personal service of the foreclosure notice required by section 580.03,
but excluding a person who purchased the claim after such personal service; and

(11) a foreclosure purchaser as defined in section 325N.10.

(c) "Foreclosure reconveyance" means a transaction involving:

(1) the transfer of title to real property by a foreclosed homeowner during a
foreclosure proceeding, either by transfer of interest from the foreclosed homeowner or
by creation of a mortgage or other lien or encumbrance during the foreclosure process
that allows the acquirer to obtain title to the property by redeeming the property as
a junior lienholder; and

(2) the subsequent conveyance, or promise of a subsequent conveyance, of an interest
back to the foreclosed homeowner by the acquirer or a person acting in participation with
the acquirer that allows the foreclosed homeowner to possess either the residence in
foreclosure or any other real property, which interest includes, but is not limited to, an
interest in a contract for deed, purchase agreement, option to purchase, or lease.

(d) "Person" means any individual, partnership, corporation, limited liability
company, association, or other group, however organized.

(e) "Service" means and includes, but is not limited to, any of the following:

(1) debt, budget, or financial counseling of any type;

(2) receiving money for the purpose of distributing it to creditors in payment or
partial payment of any obligation secured by a lien on a residence in foreclosure;

(3) contacting creditors or servicers to negotiate or offer to negotiate the terms or
conditions of an existing residential mortgage loan;

(4) arranging or attempting to arrange for an extension of the period within which
the owner of a residence in foreclosure may cure the owner's default and reinstate the
owner's obligation pursuant to section 580.30;

(5) arranging or attempting to arrange for any delay or postponement of the time of
sale of the residence in foreclosure;

(6) advising the filing of any document or assisting in any manner in the preparation
of any document for filing with any bankruptcy court; or

(7) giving any advice, explanation, or instruction to an owner of a residence in
foreclosure, which in any manner relates to the cure of a default in or the reinstatement
of an obligation secured by a lien on the residence in foreclosure, the full satisfaction of
that obligation, or the postponement or avoidance of a sale of a residence in foreclosure,
pursuant to a power of sale contained in any mortgage.

(f) "Residence in foreclosure" means residential real property consisting of one to
four family dwelling units, one of which the owner occupies as the owner's principal
place of residence, new text begin or real property that is principally used for farming, as defined in
section 500.24, subdivision 2, whether or not parcels are contiguous, so long as the owner
occupies one of the parcels as the owner's principal place of residence, new text end where there is
a delinquency or default on any loan payment or debt secured by or attached to the
residential real property including, but not limited to, contract for deed payments.

(g) "Owner" means the record owner of the residential real property in foreclosure at
the time the notice of pendency was recorded, or the summons and complaint served.

(h) "Contract" means any agreement, or any term in any agreement, between
a foreclosure consultant and an owner for the rendition of any service as defined in
paragraph (e).

Sec. 33.

Minnesota Statutes 2014, section 325N.10, subdivision 2, is amended to read:

Subd. 2.

Foreclosed homeowner.

"Foreclosed homeowner" means an owner of
residential real property, including a condominium, new text begin or an owner of real property that is
principally used for farming as defined in section 500.24, subdivision 2, new text end that is the primary
residence of the owner and whose mortgage on the real property is or was in foreclosure.

Sec. 34.

Minnesota Statutes 2014, section 325N.10, subdivision 7, is amended to read:

Subd. 7.

Residence in foreclosure.

"Residence in foreclosure" means residential real
property consisting of one to four family dwelling units, one of which the owner occupies
as the owner's principal place of residence, new text begin or real property that is principally used for
farming, as defined in section 500.24, subdivision 2, whether or not parcels are contiguous,
so long as the owner occupies one of the parcels as the owner's principal place of residence,
new text end where there is a delinquency or default on any loan payment or debt secured by or attached
to the deleted text begin residential deleted text end real property, including, but not limited to, contract for deed payments.

Sec. 35.

Minnesota Statutes 2014, section 325N.17, is amended to read:

325N.17 PROHIBITED PRACTICES.

A foreclosure purchaser shall not:

(a) enter into, or attempt to enter into, a foreclosure reconveyance with a foreclosed
homeowner unless:

(1) the foreclosure purchaser verifies and can demonstrate that the foreclosed
homeowner has a reasonable ability to pay for the subsequent conveyance of an interest
back to the foreclosed homeowner. In the case of a lease with an option to purchase,
payment ability also includes the reasonable ability to make the lease payments and
purchase the property within the term of the option to purchase. There is a rebuttable
presumption that a homeowner is reasonably able to pay for the subsequent conveyance
if the owner's payments for primary housing expenses and regular principal and interest
payments on other personal debt, on a monthly basis, do not exceed 60 percent of
the owner's monthly gross income. For the purposes of this section, "primary housing
expenses" means the sum of payments for regular principal, interest, rent, utilities, hazard
insurance, real estate taxes, and association dues. There is a rebuttable presumption that
the foreclosure purchaser has not verified reasonable payment ability if the foreclosure
purchaser has not obtained documents other than a statement by the foreclosed homeowner
of assets, liabilities, and income;

(2) the foreclosure purchaser and the foreclosed homeowner complete a closing
for any foreclosure reconveyance in which the foreclosure purchaser obtains a deed or
mortgage from a foreclosed homeowner. For purposes of this section, "closing" means an
in-person meeting to complete final documents incident to the sale of the real property
or creation of a mortgage on the real property conducted by a closing agent, as defined
in section 82.55, who is not employed by or an affiliate of the foreclosure purchaser, or
employed by such an affiliate, and who does not have a business or personal relationship
with the foreclosure purchaser other than the provision of real estate settlement services;

(3) the foreclosure purchaser obtains the written consent of the foreclosed
homeowner to a grant by the foreclosure purchaser of any interest in the property during
such times as the foreclosed homeowner maintains any interest in the property; and

(4) the foreclosure purchaser complies with the requirements for disclosure, loan
terms, and conduct in the federal Home Ownership Equity Protection Act, United States
Code, title 15, section 1639, or its implementing regulation, Code of Federal Regulations,
title 12, sections 226.31, 226.32, and 226.34, for any foreclosure reconveyance in which
the foreclosed homeowner obtains a vendee interest in a contract for deed, regardless of
whether the terms of the contract for deed meet the annual percentage rate or points and
fees requirements for a covered loan in Code of Federal Regulations, title 12, sections
226.32 (a) and (b);

(b) fail to either:

(1) ensure that title to the subject dwelling has been reconveyed to the foreclosed
homeowner; or

(2) make a payment to the foreclosed homeowner such that the foreclosed homeowner
has received consideration in an amount of at least 82 percent of the fair market value of the
property within 150 days of either the eviction or voluntary relinquishment of possession of
the dwelling by the foreclosed homeowner. The foreclosure purchaser shall make a detailed
accounting of the basis for the payment amount, or a detailed accounting of the reasons
for failure to make a payment, including providing written documentation of expenses,
within this 150-day period. The accounting shall be on a form prescribed by the attorney
general, in consultation with the commissioner of commerce, without being subject to the
rulemaking procedures of chapter 14. For purposes of this provision, the following applies:

(i) there is a rebuttable presumption that an appraisal by a person licensed or certified
by an agency of the federal government or this state to appraise real estate constitutes the
fair market value of the property;

(ii) the time for determining the fair market value amount shall be determined in the
foreclosure reconveyance contract as either at the time of the execution of the foreclosure
reconveyance contract or at resale. If the contract states that the fair market value shall
be determined at the time of resale, the fair market value shall be the resale price if it is
sold within 120 days of the eviction or voluntary relinquishment of the property by the
foreclosed homeowner. If the contract states that the fair market value shall be determined
at the time of resale, and the resale is not completed within 120 days of the eviction or
voluntary relinquishment of the property by the foreclosed homeowner, the fair market
value shall be determined by an appraisal conducted during this 120-day period and
payment, if required, shall be made to the homeowner, but the fair market value shall be
recalculated as the resale price on resale and an additional payment amount, if appropriate
based on the resale price, shall be made to the foreclosed homeowner within 15 days
of resale, and a detailed accounting of the basis for the payment amount, or a detailed
accounting of the reasons for failure to make additional payment, shall be made within 15
days of resale, including providing written documentation of expenses. The accounting
shall be on a form prescribed by the attorney general, in consultation with the commissioner
of commerce, without being subject to the rulemaking procedures of chapter 14;

(iii) "consideration" shall mean any payment or thing of value provided to the
foreclosed homeowner, including unpaid rent or contract for deed payments owed by the
foreclosed homeowner prior to the date of eviction or voluntary relinquishment of the
property, reasonable costs paid to third parties necessary to complete the foreclosure
reconveyance transaction, payment of money to satisfy a debt or legal obligation of the
foreclosed homeowner, or the reasonable cost of repairs for damage to the dwelling caused
by the foreclosed homeowner; or a penalty imposed by a court for the filing of a frivolous
claim under section 325N.18, subdivision 6, but

(iv) "consideration" shall not include amounts imputed as a down payment or fee
to the foreclosure purchaser, or a person acting in participation with the foreclosure
purchaser, incident to a contract for deed, lease, or option to purchase entered into as part
of the foreclosure reconveyance, except for reasonable costs paid to third parties necessary
to complete the foreclosure reconveyance;

(c) enter into repurchase or lease terms as part of the subsequent conveyance that are
unfair or commercially unreasonable, or engage in any other unfair conduct;

(d) represent, directly or indirectly, that:

(1) the foreclosure purchaser is acting as an advisor or a consultant, or in any other
manner represents that the foreclosure purchaser is acting on behalf of the homeowner;

(2) the foreclosure purchaser has certification or licensure that the foreclosure
purchaser does not have, or that the foreclosure purchaser is not a member of a licensed
profession if that is untrue;

(3) the foreclosure purchaser is assisting the foreclosed homeowner to "save the
house" or substantially similar phrase; or

(4) the foreclosure purchaser is assisting the foreclosed homeowner in preventing a
completed foreclosure if the result of the transaction is that the foreclosed homeowner will
not complete a redemption of the property;

(e) make any other statements, directly or by implication, or engage in any other
conduct that is false, deceptive, or misleading, or that has the likelihood to cause confusion
or misunderstanding, including, but not limited to, statements regarding the value of
the residence in foreclosure, the amount of proceeds the foreclosed homeowner will
receive after a foreclosure sale, any contract term, or the foreclosed homeowner's rights or
obligations incident to or arising out of the foreclosure reconveyance; or

(f) do any of the following until the time during which the foreclosed homeowner
may cancel the transaction has fully elapsed:

(1) accept from any foreclosed homeowner an execution of, or induce any foreclosed
homeowner to execute, any instrument of conveyance of any interest in the residence
in foreclosure;

(2) record with the county recorder or file with the registrar of titles any document,
including but not limited to, any instrument of conveyance, signed by the foreclosed
homeowner;

(3) transfer or encumber or purport to transfer or encumber any interest in
the residence in foreclosure to any third party, provided no grant of any interest or
encumbrance is defeated or affected as against a bona fide purchaser or encumbrance for
value and without notice of a violation of sections 325N.10 to 325N.18, and knowledge
on the part of any such person or entity that the property was " deleted text begin residential deleted text end real property
in foreclosure" does not constitute notice of a violation of sections 325N.10 to 325N.18.
This section does not abrogate any duty of inquiry which exists as to rights or interests of
persons in possession of the deleted text begin residential deleted text end real property in foreclosure; or

(4) pay the foreclosed homeowner any consideration.

Sec. 36.

new text begin [604A.40] AGRITOURISM; IMMUNITY FROM LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in
paragraphs (b) to (g) have the meanings given them.
new text end

new text begin (b) "Agricultural products" means livestock, aquacultural, poultry, horticultural,
floricultural, viticultural, silvicultural, or other products of a farm or ranch.
new text end

new text begin (c) "Agritourism activity" means activity carried out on a farm or ranch that allows
organizations or members of the general public, for recreational, entertainment, charitable,
or educational purposes, to view, enjoy, or participate in rural activities, including, but
not limited to: farming; viticulture; winemaking; ranching; and historical, cultural, farm
stay, gleaning, harvest-your-own, or natural activities and attractions. An activity is an
agritourism activity whether or not the participant pays to participate in the activity.
new text end

new text begin (d) "Agritourism professional" means a person who is engaged in providing one or
more agritourism activities, whether or not for compensation.
new text end

new text begin (e) "Farm or ranch" means one or more areas of land used for the production,
cultivation, growing, harvesting, or processing of agricultural products.
new text end

new text begin (f) "Inherent risks of agritourism activity" mean dangers or conditions that are an
integral part of an agritourism activity including but not limited to:
new text end

new text begin (1) natural hazards and conditions of land, vegetation, and waters including surface
and subsurface conditions;
new text end

new text begin (2) the behavior of wild or domestic animals; and
new text end

new text begin (3) ordinary dangers of structures or equipment ordinarily used in farming or
ranching operations.
new text end

new text begin (g) "Participant" means a person, other than an agritourism professional, who
engages in an agritourism activity and who has the capacity to understand the inherent
risks of agricultural tourism.
new text end

new text begin Subd. 2. new text end

new text begin Liability limited. new text end

new text begin (a) Except as provided in paragraphs (b) and (c), an
agritourism professional is not liable for injury, damage, or death of a participant resulting
from the inherent risks of agritourism activities.
new text end

new text begin (b) Nothing in paragraph (a) prevents or limits the liability of an agritourism
professional if the agritourism professional:
new text end

new text begin (1) commits an act or omission that constitutes negligence or willful or wanton
disregard for the safety of the participant, and that act or omission proximately causes
injury, damage, or death of the participant;
new text end

new text begin (2) has actual knowledge or reasonably should have known of a dangerous condition
on the land or in the facilities or equipment used in the activity, or the dangerous
propensity of a particular animal used in such activity;
new text end

new text begin (3) intentionally injures the participant; or
new text end

new text begin (4) fails to comply with the notice requirement of subdivision 3.
new text end

new text begin (c) Nothing in paragraph (a) affects a claim under chapter 340A, or a claim arising
out of the sale or use of alcohol at an agritourism facility.
new text end

new text begin Subd. 3. new text end

new text begin Posting notice. new text end

new text begin An agritourism professional shall post plainly visible signs
at one or more prominent locations in the premises where the agritourism activity takes
place that include a warning of the inherent risks of agritourism activity.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
actions arising from incidents occurring on or after that date.
new text end

Sec. 37. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 18C.235, subdivision 2, new text end new text begin and new text end new text begin Minnesota Rules, part
1510.0111, new text end new text begin are repealed.
new text end