HF 1638

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/13/2023 01:06pm

A bill for an act
relating to agriculture; modifying nursery and plant protection provisions; amending
Minnesota Statutes 2022, sections 18G.02, subdivisions 2, 6, 14, 15, 16, 20, 22,
24, 30, by adding a subdivision; 18G.03, subdivision 1; 18G.04, subdivision 2;
18G.05; 18G.06, subdivisions 2, 5; 18G.10, subdivisions 4, 5, 6; 18G.11,
subdivision 1; 18G.12, subdivisions 1, 2; 18H.02, subdivisions 2, 3, 8, 9, 12, 12b,
12c, 14, 16, 18, 20, 24, 24a, 25, 26, 28, 32, 33, by adding a subdivision; 18H.03,
subdivision 6; 18H.04; 18H.05; 18H.06, subdivision 2; 18H.07, subdivision 4, by
adding a subdivision; 18H.08, subdivision 1; 18H.09; 18H.10; 18H.12; 18H.13;
18H.14; 18H.15; 18H.18; repealing Minnesota Statutes 2022, sections 18G.02,
subdivisions 12, 17, 21, 25, 29; 18H.02, subdivisions 10, 12a, 29, 31, 32a, 34;
18H.06, subdivision 1.

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

Section 1.

Minnesota Statutes 2022, section 18G.02, subdivision 2, is amended to read:

Subd. 2.

Biological control agent.

"Biological control agent" means a deleted text begin parasite deleted text end new text begin parasitoid new text end ,
predator, pathogen, or competitive organism intentionally released by humans for the purpose
of biological control with the intent of causing a reduction of a host or prey population.

Sec. 2.

Minnesota Statutes 2022, section 18G.02, subdivision 6, is amended to read:

Subd. 6.

Compliance agreement.

"Compliance agreement" means a written agreement
between deleted text begin a person deleted text end new text begin an entity new text end and a regulatory agency to achieve compliance with regulatory
requirements.

Sec. 3.

Minnesota Statutes 2022, section 18G.02, is amended by adding a subdivision to
read:

new text begin Subd. 12a. new text end

new text begin Individual. new text end

new text begin "Individual" means a single human being who is not the sole
proprietor of a registered business related to plant protection or export certification.
new text end

Sec. 4.

Minnesota Statutes 2022, section 18G.02, subdivision 14, is amended to read:

Subd. 14.

Infested.

"Infested" means a plant deleted text begin has been overrun by deleted text end new text begin that contains an
unacceptable level of new text end plant pests, including weeds, or contains or harbors plant pests in a
quantity that may threaten other plants.

Sec. 5.

Minnesota Statutes 2022, section 18G.02, subdivision 15, is amended to read:

Subd. 15.

Invasive species.

"Invasive species" means an exotic deleted text begin or nonnative deleted text end species
whose introduction and establishment causes, or may cause, economic or environmental
harm or harm to human health.

Sec. 6.

Minnesota Statutes 2022, section 18G.02, subdivision 16, is amended to read:

Subd. 16.

Mark.

"Mark" means an official indicator affixed by the commissioner for
purposes of identification or separation, to, on, around, or near, plants or plant material
known or suspected to be new text begin infested or new text end infected with a plant pest new text begin or that otherwise needs to
be distinguished from other plants or materials new text end . This includes, but is not limited to, paint,
markers, tags, seals, stickers, tape, ribbons, signs, or placards.

Sec. 7.

Minnesota Statutes 2022, section 18G.02, subdivision 20, is amended to read:

Subd. 20.

deleted text begin Person deleted text end new text begin Entity new text end .

" deleted text begin Person deleted text end new text begin Entity new text end " means deleted text begin an individual, deleted text end new text begin a registered business
such as a new text end firm, corporation, partnership, association, trust, joint stock company, or
unincorporated organization new text begin , or sole proprietorship new text end ; the state; a state agency; or a political
subdivision.

Sec. 8.

Minnesota Statutes 2022, section 18G.02, subdivision 22, is amended to read:

Subd. 22.

Phytosanitary certificate or export certificate.

"Phytosanitary certificate"
or "export certificate" means a document authorized or prepared by a duly authorized federal
or state official that affirms, declares, or verifies that an article, deleted text begin nursery stock, deleted text end plant, plant
product, shipment, or any other officially regulated article meets applicable, legally
established, plant pest regulations, including this chapter.

Sec. 9.

Minnesota Statutes 2022, section 18G.02, subdivision 24, is amended to read:

Subd. 24.

Plant pest.

"Plant pest" deleted text begin includes, but is not limited to, an invasive species or
any pest of plants, agricultural commodities, horticultural products, nursery stock, or
noncultivated plants by organisms such as deleted text end new text begin means any organism determined by the
commissioner to be capable of causing harm to terrestrial plants, including but not limited
to new text end insects, snails, nematodes, fungi, viruses, bacterium, microorganisms, mycoplasma-like
organisms, weeds, deleted text begin plants, deleted text end and parasitic plants.

Sec. 10.

Minnesota Statutes 2022, section 18G.02, subdivision 30, is amended to read:

Subd. 30.

Significant damage or harm.

"Significant damage" or "harm" means a level
of adverse impact that results in new text begin unacceptable new text end economic damage, injury, or loss deleted text begin that exceeds
the cost of control deleted text end for a particular deleted text begin crop deleted text end new text begin plant new text end .

Sec. 11.

Minnesota Statutes 2022, section 18G.03, subdivision 1, is amended to read:

Subdivision 1.

Entry and inspection.

(a) The commissioner may enter and inspect a
public or private place that might harbor plant pests and may require that the owner destroy
or treat plant pests, plants, or other material.

(b) If the owner fails to properly comply with a directive of the commissioner, the
commissioner may have any necessary work done at the owner's expense. The commissioner
shall notify the owner of the deadline for paying those expenses. If the owner does not
reimburse the commissioner for an expense within a time specified by the commissioner,
the expense is a charge upon the county as provided in subdivision 4.

(c) If a deleted text begin harmful deleted text end plant pest infestation or infection threatens plants of an area in the state,
the commissioner may take any measures necessary to eliminate or alleviate the potential
significant damage or harm.

(d) The commissioner may collect fees required by this chapter.

(e) The commissioner may issue and enforce written or printed "stop-sale" orders,
compliance agreements, and other directives and requests to the owner or custodian of any
plants or articles infested or infected with a deleted text begin harmful deleted text end plant pest.

Sec. 12.

Minnesota Statutes 2022, section 18G.04, subdivision 2, is amended to read:

Subd. 2.

Control order.

In order to prevent the introduction or spread of deleted text begin harmful or
dangerous deleted text end plant pests, the commissioner may issue orders for necessary control measures.
These orders may indicate the type of specific control to be used, the compound or material,
the manner or the time of application, and who is responsible for carrying out the control
order. Control orders may include directions to control or abate the plant pest to an acceptable
level; eradicate the plant pest; restrict the movement of the plant pest or any material, article,
appliance, plant, or means of conveyance suspected to be carrying the plant pest; or destroy
plants or plant products infested or infected with a plant pest. Material suspected of being
infested or infected with a plant pest may be confiscated by the commissioner.

Sec. 13.

Minnesota Statutes 2022, section 18G.05, is amended to read:

18G.05 DISCOVERY OF PLANT PESTS; OFFICIAL MARKING OF INFESTED
OR INFECTED ARTICLES.

Upon knowledge of the existence of a deleted text begin dangerous or injurious deleted text end plant pest deleted text begin or invasive
species deleted text end within the state, the commissioner may conspicuously mark all plants, infested areas,
materials, and articles known or suspected to be infected or infested with the plant pest deleted text begin or
invasive species deleted text end . deleted text begin Persons, owners, or tenants deleted text end new text begin An entity or individual new text end in possession of the
premises or area in which the existence of the plant pest deleted text begin or invasive species deleted text end is suspected
must be notified by the commissioner with prescribed control measures. deleted text begin A person deleted text end new text begin An entity
or individual new text end must comply with the commissioner's control order within the prescribed time.
If the commissioner determines that satisfactory control or mitigation of the pest has been
achieved, the order must be released.

Sec. 14.

Minnesota Statutes 2022, section 18G.06, subdivision 2, is amended to read:

Subd. 2.

Quarantine notice.

(a) The commissioner may issue orders to take prompt
regulatory action in plant pest emergencies on regulated articles. If continuing quarantine
action is required, a formal quarantine may be imposed. Orders may be issued to retain
necessary quarantine action on a few properties if eradication treatments have been applied
and continuing quarantine action is no longer necessary for the majority of the regulated
area.

(b) The commissioner may place an emergency regulation or quarantine in effect without
prior public notice in order to take immediate regulatory action to prevent the introduction
or establishment of a plant pest.

(c) The commissioner may enter into cooperative agreements with the United States
Department of Agriculture and other federal, state, city, or county agencies to assist in the
enforcement of federal quarantines. The commissioner may adopt a quarantine or regulation
against a new text begin plant new text end pest or an area not covered by a federal quarantine. The commissioner may
seize, destroy, or require treatment of products moved from a federally regulated area if
they were not moved in accordance with the federal quarantine regulations or, if certified,
they were found to be infested with the pest organism.

(d) The commissioner may impose a quarantine against a plant pest that is not quarantined
in other states to prevent the spread of the plant pest within this state. The commissioner
may enact a quarantine against a plant pest of regional or national significance even when
no federal domestic quarantine has been adopted. These quarantines regulate intrastate
movement between quarantined and nonquarantined areas of this state. The commissioner
may enact a parallel state quarantine if there is a federal quarantine applied to a portion of
the state.

(e) The commissioner may impose a state exterior quarantine if the plant pest is not
established in this state but is established in other states. State exterior quarantines may be
enacted even if no federal domestic quarantine has been adopted. The commissioner may
issue control orders at destinations necessary to prevent the introduction or spread of plant
pests.

Sec. 15.

Minnesota Statutes 2022, section 18G.06, subdivision 5, is amended to read:

Subd. 5.

Public notification of a state quarantine or emergency regulation.

(a) For
new text begin plant new text end pest threats of imminent concern, the commissioner may declare an emergency
quarantine or enact emergency orders.

(b) If circumstances permit, public notice and a public hearing must be held to solicit
comments regarding the proposed state quarantine. If a new text begin plant new text end pest threat is of imminent
concern and there is insufficient time to allow full public comment on the proposed
quarantine, the commissioner may impose an emergency quarantine until a state quarantine
can be implemented.

(c) Upon establishment of a state quarantine, and upon institution of modifications or
repeal, notices must be sent to the principal parties of interest, including federal and state
authorities, and to organizations representing the public involved in the restrictive measures.

Sec. 16.

Minnesota Statutes 2022, section 18G.10, subdivision 4, is amended to read:

Subd. 4.

Phytosanitary and export certificates.

An exporter of plants or plant products
desiring to originate shipments from Minnesota to a foreign country requiring a phytosanitary
certificate or export certificate must submit an application to the commissioner. Application
for phytosanitary certificates or export certificates must be made on forms provided or
approved by the commissioner new text begin or the USDA new text end . The commissioner may conduct inspections
of plants, plant products, or facilities for persons that have applied for or intend to apply
for a phytosanitary certificate or export certificate from the commissioner.

The commissioner may issue a phytosanitary certificate or export certificate if the plants
or plant products satisfactorily meet the requirements of the importing new text begin state or new text end foreign
country and the United States Department of Agriculture requirements. The requirements
of the destination new text begin states or new text end countries must be met by the applicant.

Sec. 17.

Minnesota Statutes 2022, section 18G.10, subdivision 5, is amended to read:

Subd. 5.

Certificate fees.

(a) The commissioner shall assess fees sufficient to recover
all costs for the inspection, service, and work performed in carrying out the issuance of a
phytosanitary certificate or export certificate.

(b) If laboratory analysis or other technical analysis is required to issue a certificate, the
commissioner must set and collect the fee to recover this additional cost.

(c) The certificate fee is $75 or a fee amount, not to exceed $300, that is sufficient to
recover all processing costs for each phytosanitary or export certificate issued new text begin . The certificate
fee is new text end in addition to any mileage or inspection time charges that are assessed.

(d) For services provided for in subdivision 7 that are goods and services provided for
the direct and primary use of a private individual, business, or other entity, the commissioner
must set and collect the fees to cover the cost of the services provided.

Sec. 18.

Minnesota Statutes 2022, section 18G.10, subdivision 6, is amended to read:

Subd. 6.

Certificate denial or cancellation.

The commissioner may deny or cancel the
issuance of a phytosanitary or export certificate for any of the following reasons:

(1) failure of the plants or plant products to meet quarantine, regulations, and requirements
imposed by the country new text begin , state, or other jurisdiction new text end for which the phytosanitary or export
certificate is being requested;

(2) failure to completely or accurately provide the information requested on the
application form;

(3) failure to ship the exact plants or plant products which were inspected and approved;
or

(4) failure to pay any fees or costs due the commissioner.

Sec. 19.

Minnesota Statutes 2022, section 18G.11, subdivision 1, is amended to read:

Subdivision 1.

Detection and control agreements.

The commissioner may enter into
cooperative agreements with organizations, deleted text begin persons deleted text end new text begin entities new text end , civic groups, governmental
agencies, or other organizations to adopt and execute plans to detect and control areas
infested or infected with deleted text begin harmful deleted text end plant pests. The cooperative agreements may include
provisions of joint funding of any control treatment.

If a deleted text begin harmful deleted text end plant pest infestation or infection occurs and cannot be adequately controlled
by deleted text begin individual persons deleted text end new text begin individuals, entities new text end , owners, tenants, or local units of government,
the commissioner may conduct the necessary control measures independently or on a
cooperative basis with federal or other units of government.

Sec. 20.

Minnesota Statutes 2022, section 18G.12, subdivision 1, is amended to read:

Subdivision 1.

Plant pest and invasive species research.

The commissioner shall
conduct research to prevent the introduction or spread of deleted text begin invasive species and deleted text end plant pests
new text begin that are also terrestrial invasive species new text end into the state and to investigate the feasibility of
their control or eradication.

Sec. 21.

Minnesota Statutes 2022, section 18G.12, subdivision 2, is amended to read:

Subd. 2.

Statewide program.

The commissioner shall establish a statewide program to
prevent the introduction and the spread of deleted text begin harmful deleted text end plant deleted text begin pest and deleted text end new text begin pests that are also new text end terrestrial
invasive species. To the extent possible, the program must provide coordination of efforts
among governmental entities and private organizations.

Sec. 22.

Minnesota Statutes 2022, section 18H.02, subdivision 2, is amended to read:

Subd. 2.

Agent.

"Agent" means deleted text begin a person deleted text end new text begin an entity new text end who, on behalf of another deleted text begin person deleted text end new text begin
entity new text end , receives on consignment, contracts for, or solicits for sale on commission, a plant
product from a producer new text begin or supplier new text end of the product or negotiates the consignment or purchase
of a plant product on behalf of another deleted text begin person deleted text end new text begin entity new text end .

Sec. 23.

Minnesota Statutes 2022, section 18H.02, subdivision 3, is amended to read:

Subd. 3.

Annual.

"Annual" means a plant deleted text begin growing in Minnesota deleted text end with a life cycle of less
than one year new text begin when grown in Minnesota new text end .

Sec. 24.

Minnesota Statutes 2022, section 18H.02, subdivision 8, is amended to read:

Subd. 8.

Consignee.

"Consignee" means deleted text begin a person deleted text end new text begin an entity new text end to whom a plant, nursery
stock, horticultural product, or plant product is shipped for handling, planting, sale, resale,
or any other purpose.

Sec. 25.

Minnesota Statutes 2022, section 18H.02, subdivision 9, is amended to read:

Subd. 9.

Consignor.

"Consignor" means deleted text begin a person deleted text end new text begin an entity new text end who ships or delivers to a
consignee a plant, nursery stock, horticultural product, or plant product for handling, planting,
sale, resale, or any other purpose.

Sec. 26.

Minnesota Statutes 2022, section 18H.02, subdivision 12, is amended to read:

Subd. 12.

Distribute.

"Distribute" means offer for sale, sell, barter, new text begin give away, new text end ship,
deliver for shipment, receive and deliver, offer to deliver, receive on consignment, contract
for, solicit for sale on commission, or negotiate the consignment or purchase in this state.

Sec. 27.

Minnesota Statutes 2022, section 18H.02, subdivision 12b, is amended to read:

Subd. 12b.

Etiolated growth.

"Etiolated growth" means deleted text begin bleached and unnatural growth
resulting from the exclusion of sunlight deleted text end new text begin plant growth with reduced or no chlorophyll
production due to a lack of sunlight. Etiolated growth is evidenced by pale, yellowish or
white plants and weak, spindly stems new text end .

Sec. 28.

Minnesota Statutes 2022, section 18H.02, subdivision 12c, is amended to read:

Subd. 12c.

Individual.

"Individual" means a human being new text begin who is not the sole proprietor
of a registered business selling plants for planting new text end .

Sec. 29.

Minnesota Statutes 2022, section 18H.02, subdivision 14, is amended to read:

Subd. 14.

Infested.

"Infested" means a plant deleted text begin has been overrun by deleted text end new text begin that contains an
unacceptable level of new text end plant pests, including weeds, or contains or harbors plant pests in a
quantity that may threaten other plants.

Sec. 30.

Minnesota Statutes 2022, section 18H.02, is amended by adding a subdivision to
read:

new text begin Subd. 15a. new text end

new text begin Label. new text end

new text begin "Label" means a legible tag or other signage attached to a specific
plant or plant container that provides the identity of the plant and any other required or
relevant information regarding the plant.
new text end

Sec. 31.

Minnesota Statutes 2022, section 18H.02, subdivision 16, is amended to read:

Subd. 16.

Mark.

"Mark" means an official indicator affixed by the commissioner for
purposes of identification or separation to, on, around, or near plants or plant material known
or suspected to be new text begin infested or new text end infected with a plant pest new text begin or to otherwise distinguish the plants
or plant material from other plants or materials new text end . This includes, but is not limited to, paint,
markers, tags, seals, stickers, tape, ribbons, signs, or placards.

Sec. 32.

Minnesota Statutes 2022, section 18H.02, subdivision 18, is amended to read:

Subd. 18.

Nursery certificate.

"Nursery certificate" means a document issued by the
commissioner recognizing that deleted text begin a person deleted text end new text begin an entity new text end is eligible to sell, offer for sale, or distribute
certified nursery stock at a particular location under a specified business name.

Sec. 33.

Minnesota Statutes 2022, section 18H.02, subdivision 20, is amended to read:

Subd. 20.

Nursery stock.

"Nursery stock" means a plant intended for planting or
propagation, including, but not limited to, trees, shrubs, vines, perennials, biennials, grafts,
cuttings, and buds that may be sold for propagation, whether cultivated or wild, and all
viable parts of these plants. Nursery stock does not include:

(1) field and forage crops or sod;

(2) seeds;

(3) vegetable plants, bulbs, or tubers;

(4) cut new text begin material such as new text end flowers new text begin or other herbaceous or woody plants new text end , unless stems or
other portions are intended for propagation;

new text begin (5) tropical plants;
new text end

deleted text begin (5) deleted text end new text begin (6) new text end annuals; or

deleted text begin (6) deleted text end new text begin (7) new text end Christmas trees.

Sec. 34.

Minnesota Statutes 2022, section 18H.02, subdivision 24, is amended to read:

Subd. 24.

Owner.

"Owner" includes, but is not limited to, the deleted text begin person deleted text end new text begin entity new text end with the
legal right of possession, proprietorship of, or responsibility for the property or place where
any of the articles regulated in this chapter are found, or the deleted text begin person deleted text end new text begin entity new text end who is in possession
of, proprietorship of, or has responsibility for the regulated articles.

Sec. 35.

Minnesota Statutes 2022, section 18H.02, subdivision 24a, is amended to read:

Subd. 24a.

Packaged new text begin nursery new text end stock.

"Packaged new text begin nursery new text end stock" means bare root nursery
stock packed with the roots in moisture-retaining material encased in plastic film or other
material designed to hold the moisture-retaining material in place.

Sec. 36.

Minnesota Statutes 2022, section 18H.02, subdivision 25, is amended to read:

Subd. 25.

deleted text begin Person deleted text end new text begin Entity new text end .

deleted text begin "Person" deleted text end new text begin "Entity" new text end means deleted text begin an individual, deleted text end new text begin a registered business
such as a new text end firm, new text begin a new text end corporation, new text begin a new text end partnership, new text begin an new text end association, new text begin a new text end trust, new text begin a new text end joint stock company,
new text begin an new text end unincorporated organization, new text begin or a sole proprietorship; new text end the state deleted text begin , deleted text end new text begin ; new text end a state agency deleted text begin , deleted text end new text begin ; new text end or a
political subdivision.

Sec. 37.

Minnesota Statutes 2022, section 18H.02, subdivision 26, is amended to read:

Subd. 26.

Place of origin.

"Place of origin" means the county and state where nursery
stock was most recently certified or grown for at least one deleted text begin full deleted text end growing season.

Sec. 38.

Minnesota Statutes 2022, section 18H.02, subdivision 28, is amended to read:

Subd. 28.

Plant pest.

"Plant pest" means deleted text begin a biotic agent that causes or may cause harm
to deleted text end new text begin any organism that the commissioner determines is capable of causing harm to terrestrial
plants, including but not limited to insects, snails, nematodes, fungi, viruses, bacteria,
microorganisms, mycoplasma-like organisms, weeds, and parasitic new text end plants.

Sec. 39.

Minnesota Statutes 2022, section 18H.02, subdivision 32, is amended to read:

Subd. 32.

Sales location.

"Sales location" means a fixed location from which certified
nursery stock is deleted text begin displayed or deleted text end distributed new text begin or displayed with the intent to sell new text end .

Sec. 40.

Minnesota Statutes 2022, section 18H.02, subdivision 33, is amended to read:

Subd. 33.

Tree spade.

"Tree spade" means a mechanical device or machinery capable
of removing nursery stock, root system, and soil from deleted text begin the deleted text end new text begin a new text end planting deleted text begin in one operation deleted text end .

Sec. 41.

Minnesota Statutes 2022, section 18H.03, subdivision 6, is amended to read:

Subd. 6.

Dissemination of information.

The commissioner may disseminate information
among growers deleted text begin relative to deleted text end new text begin regarding the new text end treatment of nursery stock deleted text begin in both prevention and
elimination of deleted text end new text begin to prevent or eliminate the new text end attack deleted text begin by deleted text end new text begin of new text end plant pests and diseases.

Sec. 42.

Minnesota Statutes 2022, section 18H.04, is amended to read:

18H.04 ADOPTION OF RULES.

The commissioner may adopt rules to carry out the purposes of this chapter. The rules
may include, but are not limited to, rules in regard to labeling and the maintenance of
viability and vigor of nursery stock. deleted text begin Rules of the commissioner that are in effect on July 1,
2003, relating to plant protection, nursery inspection, or the Plant Pest Act remain in effect
until they are superseded by new rules.
deleted text end

Sec. 43.

Minnesota Statutes 2022, section 18H.05, is amended to read:

18H.05 NURSERY CERTIFICATE REQUIREMENTS.

(a) No person may offer for sale or distribute certified nursery stock as a nursery stock
grower or dealer without first obtaining the appropriate deleted text begin nursery stock deleted text end certificate from the
commissioner. The commissioner may not issue a certificate to deleted text begin a person deleted text end new text begin an entity new text end who does
not sell certified nursery stock. Certificates are issued solely for these purposes and may
not be used for other purposes.

(b) A certificate issued by the commissioner expires on December 31 of the year it is
issued.

(c) deleted text begin A person deleted text end new text begin An entity new text end required to be certified by this section must apply for a certificate
or for renewal on a form deleted text begin furnished deleted text end new text begin established new text end by the commissioner deleted text begin which deleted text end new text begin that new text end must contain:

(1) the name deleted text begin and deleted text end new text begin , new text end address new text begin , and contact information new text end of the applicant deleted text begin , deleted text end new text begin ;
new text end

deleted text begin the number of locations to be operated by the applicant and their addresses, and
deleted text end

new text begin (2) new text end the assumed business name of the applicant;

deleted text begin (2) if other than an individual, a statement whether a person is a partnership, corporation,
or other organization;
deleted text end

deleted text begin (3) the type of business to be operated and, if the applicant is an agent, the principals
the applicant represents; and
deleted text end

new text begin (3) the address of the sales location;
new text end

new text begin (4) the address or geographical description of any additional location where nursery
stock will be handled, if applicable; and
new text end

deleted text begin (4) deleted text end new text begin (5) the new text end source or sources of purchased nursery stock.

(d) No deleted text begin person deleted text end new text begin entity new text end may:

(1) falsely claim to be a certified dealer, grower, broker, or agent;

(2) make willful false statements when applying for a certificate; or

(3) sell or distribute certified nursery stock to an uncertified nursery stock dealer who
is required to be certified or nursery stock grower.

(e) Each application for a certificate must be accompanied by the appropriate certificate
fee under section 18H.07.

(f) Certificates issued by the commissioner deleted text begin must deleted text end new text begin should new text end be prominently displayed to the
public in the place of business where certified nursery stock is sold or distributed.

(g) The commissioner may refuse to issue a certificate for cause.

(h) Each grower or dealer is entitled to one sales location under the certificate of the
grower or dealer. Each additional sales location maintained by the deleted text begin person deleted text end new text begin entity new text end requires
the payment of the full certificate fee deleted text begin for each additional sales outlet deleted text end .

(i) A grower who is also a dealer is certified only as a grower for that specific site.

(j) A certificate is personal to the applicant and may not be transferred. A new certificate
is necessary if the business entity is changed or if the membership of a partnership is changed,
whether or not the business name is changed.

(k) The certificate issued to a dealer or grower applies to the particular premises named
in the certificate. However, if prior approval is obtained from the commissioner, the place
of business may be moved to the other premises or location without an additional certificate
fee.

(l) A collector of nursery stock from the wild is required to obtain a dealer's certificate
from the commissioner and is subject to all the requirements that apply to the inspection of
nursery stock. All collected nursery stock must be labeled as "collected from the wild."

Sec. 44.

Minnesota Statutes 2022, section 18H.06, subdivision 2, is amended to read:

Subd. 2.

Occasional sales.

(a) An individual may offer nursery stock for sale and be
exempt from the requirement to obtain a nursery stock certificate if:

(1) the gross sales of all nursery stock in a calendar year do not exceed deleted text begin $2,000 deleted text end new text begin $1,000 new text end ;

(2) all nursery stock sold or distributed by the individual is intended for planting in
Minnesota;

(3) all nursery stock deleted text begin purchased or procured for resale or distribution was grown in
Minnesota and has been certified by the commissioner deleted text end new text begin sold or distributed was grown by
the individual in Minnesota new text end ; and

(4) the individual conducts sales or distributions of nursery stock on ten or fewer days
in a calendar year.

deleted text begin (b) A municipality may offer certified nursery stock for sale and be exempt from the
requirement to obtain a nursery stock certificate if:
deleted text end

deleted text begin (1) all nursery stock offered for sale or distributed is intended for planting by residents
of the municipality on public property or public easements within the municipal boundary;
deleted text end

deleted text begin (2) all nursery stock purchased or procured for resale or distribution is grown in
Minnesota and has been certified by the commissioner; and
deleted text end

deleted text begin (3) the municipality submits to the commissioner before any sale or distribution of
nursery stock a list of all suppliers who provide the municipality with nursery stock.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The commissioner may prescribe the conditions of the exempt nursery sales under
this subdivision and may conduct routine inspections of the nursery stock offered for sale.

Sec. 45.

Minnesota Statutes 2022, section 18H.07, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Waiver of fees. new text end

new text begin (a) A nonprofit organization or an individual may offer for
sale certified nursery stock and be exempt from the requirement to pay certificate fees if
the nonprofit organization or individual:
new text end

new text begin (1) sells or distributes certified nursery stock on ten or fewer days in a calendar year;
new text end

new text begin (2) uses the proceeds from certified nursery stock sales or distributions for nonprofit
purposes; and
new text end

new text begin (3) obtains a nursery stock certificate.
new text end

new text begin (b) A municipality may offer for sale certified nursery stock and be exempt from the
requirement to pay certificate fees if:
new text end

new text begin (1) all nursery stock offered for sale or distributed is intended for planting by residents
of the municipality on public property or public easements in the municipality;
new text end

new text begin (2) all nursery stock purchased or procured for resale or distribution is grown in
Minnesota and has been certified by the commissioner; and
new text end

new text begin (3) the municipality obtains a live plant dealer certificate.
new text end

new text begin (c) The commissioner may prescribe the conditions of nursery fee waivers and may
conduct routine inspections of nursery stock offered for sale.
new text end

Sec. 46.

Minnesota Statutes 2022, section 18H.07, subdivision 4, is amended to read:

Subd. 4.

Reinspection; additional or optional inspection fees.

If deleted text begin a reinspection deleted text end new text begin an
irregular inspection new text end is required or an additional inspection is needed or requested new text begin , new text end a fee deleted text begin must deleted text end new text begin
may new text end be assessed based on mileage and inspection time as follows:

(1) mileage must be charged at the current United States Internal Revenue Service
reimbursement rate; and

(2) inspection time must be charged at a rate sufficient to recover all inspection costs,
including the driving time to and from the location in addition to the time spent conducting
the inspection.

Sec. 47.

Minnesota Statutes 2022, section 18H.08, subdivision 1, is amended to read:

Subdivision 1.

Services and fees.

The commissioner may make small lot inspections
or perform other necessary services for which another charge is not specified. For these
services new text begin , new text end the commissioner deleted text begin shall deleted text end new text begin may new text end set a fee plus expenses that will recover the cost of
performing this service. The commissioner may set an additional acreage fee for inspection
of seed production fields for exporters in order to meet domestic and foreign plant quarantine
requirements.

Sec. 48.

Minnesota Statutes 2022, section 18H.09, is amended to read:

18H.09 NURSERY STOCK CERTIFICATION REQUIREMENTS.

(a) All nursery stock growing at sites identified by nursery stock dealers or nursery stock
growers and submitted for inspection must be inspected by the commissioner within the
previous 12 months prior to sale and found apparently free from deleted text begin quarantine and regulated
nonquarantine pests as well as significantly dangerous or potentially damaging deleted text end plant pests.
The commissioner may waive a site inspection under the following conditions:

(1) the nursery stock is not going to be sold within 12 months;

(2) the nursery stock will not be moved out of Minnesota; and

(3) the nursery site or stock is not subject to certification requirements associated with
a state or federally regulated or quarantined plant pest.

All nursery stock originating from out of state and offered for sale in Minnesota must
have been inspected by the appropriate state or federal agency during the previous 12 months
and found free from deleted text begin quarantine and regulated nonquarantine pests as well as deleted text end significantly
dangerous or potentially damaging plant pests. A nursery stock certificate is valid from
January 1 to December 31.

(b) Nursery stock must be accessible to the commissioner for inspection during regular
business hours. Weeds or other growth that hinder a proper inspection are grounds to suspend
or withhold a certificate or require a reinspection new text begin for which a fee may be charged new text end .

(c) Inspection reports issued to growers must contain a list of the plant pests found at
the time of inspection. Withdrawal-from-distribution new text begin or other new text end orders are considered part of
the inspection reports. A withdrawal-from-distribution new text begin or other new text end order must contain a list of
plants withdrawn from distribution and the location of the plants.

(d) The commissioner may deleted text begin post signs to delineate deleted text end new text begin mark new text end sections withdrawn from
distribution new text begin or subject to other special circumstances new text end . These deleted text begin signs deleted text end new text begin marks new text end must remain in
place until the commissioner removes deleted text begin them deleted text end new text begin the marks new text end or grants written permission to the
grower to remove the deleted text begin signs deleted text end new text begin marks new text end .

(e) Inspection reports issued to dealers must outline the violations involved and corrective
actions to be taken including withdrawal-from-distribution orders which would specify
nursery stock that could not be distributed from a certain area.

(f) Optional inspections of plants may be conducted by the commissioner upon request
by any deleted text begin persons deleted text end new text begin entity new text end desiring an inspection. A fee as provided in section 18H.07 must be
charged for such an inspection.

Sec. 49.

Minnesota Statutes 2022, section 18H.10, is amended to read:

18H.10 STORAGE OF NURSERY STOCK.

(a) All nursery stock must be kept and displayed under conditions of temperature, light,
and moisture sufficient to maintain the viability and vigor of the nursery stock.

(b) Packaged deleted text begin dormant deleted text end nursery stock must be stored under conditions that retard growth,
prevent etiolated growth, and protect its viability.

(c) Balled and burlapped nursery stock being held for sale deleted text begin to the public deleted text end must be kept in
a moisture-holding material approved by the commissioner and not toxic to plants. The
moisture-holding material must adequately cover and protect the ball of earth and must be
kept moist at all times. The commissioner may approve alternative nursery stock management
practices to maintain the viability of balled and burlapped stock.

Sec. 50.

Minnesota Statutes 2022, section 18H.12, is amended to read:

18H.12 DAMAGED, DISEASED, INFESTED, OR MISREPRESENTED STOCK.

(a) No deleted text begin person deleted text end new text begin entity new text end may knowingly offer to distribute, advertise, or display nursery
stock that is infested or infected with deleted text begin quarantine or regulated nonquarantine pests or
significant dangerous or potentially damaging deleted text end plant pests deleted text begin , including noxious weeds deleted text end or
nursery stock that is in a dying condition, desiccated, frozen or damaged by freezing, or
materially damaged in any way.

(b) No deleted text begin person deleted text end new text begin entity new text end may knowingly offer to distribute, advertise, or display nursery
stock that may result in the capacity and tendency or effect of deceiving any purchaser or
prospective purchaser as to the quantity, size, grade, kind, species name, age, variety,
maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth
characteristics, rate of growth, time required before flowering or fruiting, price, origin, place
where grown, or any other material respect.

(c) Upon discovery or notification of damaged, diseased, infested, or misrepresented
stock, the commissioner may place a deleted text begin stop-sale deleted text end new text begin stop sale new text end and new text begin a withdrawal from new text end distribution
order on the material. The order makes it an illegal action to distribute, give away, destroy,
alter, or tamper with the plants.

(d) The commissioner may conspicuously mark all plants, materials, and articles known
or suspected to be infected or infested with deleted text begin quarantine or regulated nonquarantine pests or
significant dangerous or potentially damaging deleted text end plant pests. The commissioner shall notify
the persons, owners, or the tenants in possession of the premises or area in question of the
existence of the plant pests.

(e) If the commissioner determines that this chapter has been violated, the commissioner
may order that the nuisance, infestation, infection, or plant pest be abated by whatever means
necessary, including, but not limited to, destruction, confiscation, treatment, return shipment,
or quarantine.

(f) The plant owner is liable for all costs associated with a stop order or a quarantine,
treatment, or destruction of plants. The commissioner is not liable for any actual or incidental
costs incurred by deleted text begin a person deleted text end new text begin an entity new text end due to authorized actions of the commissioner. The
commissioner must be reimbursed by the owner of plants for actual expenses incurred by
the commissioner in carrying out a stop order.

Sec. 51.

Minnesota Statutes 2022, section 18H.13, is amended to read:

18H.13 SHIPMENT OF NURSERY STOCK INTO MINNESOTA.

Subdivision 1.

Identification of origin.

Proof of valid nursery certification and origin
of all nursery stock must accompany deleted text begin the deleted text end new text begin any new text end shipment. It is the shared responsibility of
both the consignee and consignor to examine all shipments for the presence of current and
applicable nursery stock certifications for all plant material from all sources of stock in each
shipment.

Subd. 2.

Reciprocity.

deleted text begin A person deleted text end new text begin An entity new text end residing outside the state may distribute nursery
stock in Minnesota if:

(1) the deleted text begin person deleted text end new text begin entity new text end is duly certified under the nursery laws of the state where the nursery
stock originates and the laws of that state are essentially equivalent to the laws of Minnesota
as determined by the commissioner; and

(2) the deleted text begin person deleted text end new text begin entity new text end complies with this chapter and the rules governing nursery stock
distributed in Minnesota.

Subd. 3.

Reciprocal agreements.

The commissioner may cooperate with and enter into
reciprocal agreements with other states regarding licensing and movement of nursery stock.
Reciprocal agreements with other states do not prevent the commissioner from prohibiting
the distribution in Minnesota of any nursery stock that fails to meet minimum criteria for
nursery stock of Minnesota certified growers, dealers, or both. An official directory of
certified nurseries and related nursery industry businesses from other states is acceptable
in lieu of individual nursery certificates.

Subd. 4.

Foreign nursery stock.

deleted text begin A person deleted text end new text begin An entity new text end receiving a shipment of nursery
stock from a foreign country that has not been inspected and released by the United States
Department of Agriculture at the port of entry must notify the commissioner of the arrival
of the shipment, its contents, and the name of the consignor. The deleted text begin person deleted text end new text begin entity new text end must hold
the shipment unopened until inspected or released by the commissioner.

Subd. 5.

Transportation companies.

deleted text begin A person deleted text end new text begin An entity new text end who acts as the representative
of a transportation company, private carrier, commercial shipper, common carrier, express
parcel carrier, or other transportation entity, and receives, ships, or otherwise distributes a
carload, box, container, or any package of plants, plant materials, or nursery stock, that does
not have all required certificates attached as required or fails to immediately notify the
commissioner is in violation of this chapter.

Sec. 52.

Minnesota Statutes 2022, 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, new text begin the new text end scientific name, variety, place
of origin, new text begin and new text end hardiness zone as defined by the United States Department of Agriculture deleted text begin ,
and growth habit deleted text end .

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

(c) deleted text begin A person deleted text end new text begin An entity new text end 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) deleted text begin A person deleted text end new text begin An entity new text end selling at retail or providing to an end user 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:

(1) been treated with a systemic insecticide that:

(i) has a pollinator protection box on the label; or

(ii) has a pollinator, bee, or honey bee precautionary statement in the environmental
hazards section of the insecticide product label; and

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

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

(f) For the purposes of paragraph (e):

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

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

Sec. 53.

Minnesota Statutes 2022, section 18H.15, is amended to read:

18H.15 VIOLATIONS.

(a) deleted text begin A person deleted text end new text begin An entity new text end who offers to distribute nursery stock that is uncertified,
uninspected, or falsely labeled or advertised possesses an illegal regulated commodity that
is considered infested or infected with deleted text begin harmful deleted text end plant pests and subject to regulatory action
and control. If the commissioner determines that the provisions of this section have been
violated, the commissioner may order the destruction of all of the plants unless the deleted text begin person deleted text end new text begin
entity new text end :

(1) provides proper phytosanitary preclearance, phytosanitary certification, or nursery
stock certification;

(2) agrees to have the plants, plant materials, or nursery stock returned to the consignor;
and

(3) provides proper documentation, certification, or compliance to support advertising
claims.

(b) The plant owner is liable for all costs associated with a withdrawal-from-distribution
order or the quarantine, treatment, or destruction of plants. The commissioner is not liable
for actual or incidental costs incurred by deleted text begin a person deleted text end new text begin an entity new text end due to the commissioner's actions.
The commissioner must be reimbursed by the owner of the plants for the actual expenses
incurred in carrying out a withdrawal-from-distribution order or the quarantine, treatment,
or destruction of any plants.

(c) It is unlawful for deleted text begin a person deleted text end new text begin an entity new text end to:

(1) misrepresent, falsify, or knowingly distribute, sell, advertise, or display damaged,
mislabeled, misrepresented, infested, or infected nursery stock;

(2) fail to obtain a nursery certificate as required by the commissioner;

(3) fail to renew a nursery certificate, but continue business operations;

deleted text begin (4) fail to display a nursery certificate;
deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end misrepresent or falsify a nursery certificate;

deleted text begin (6) deleted text end new text begin (5) new text end refuse to submit to a nursery inspection;

deleted text begin (7) deleted text end new text begin (6) new text end fail to provide the cooperation necessary to conduct a successful nursery
inspection;

deleted text begin (8) deleted text end new text begin (7) new text end offer for sale uncertified deleted text begin plants, plant materials, or deleted text end nursery stock;

deleted text begin (9) deleted text end new text begin (8) new text end possess an illegal regulated commodity;

deleted text begin (10) deleted text end new text begin (9) new text end violate or disobey a commissioner's order;

deleted text begin (11) deleted text end new text begin (10) new text end violate a quarantine issued by the commissioner;

deleted text begin (12) deleted text end new text begin (11) new text end fail to obtain phytosanitary certification for plant material or nursery stock
brought into Minnesota;

deleted text begin (13) deleted text end new text begin (12) new text end deface, mutilate, or destroy a nursery stock certificate, phytosanitary certificate,
or phytosanitary preclearance certificate, or other commissioner mark, permit, or certificate;

deleted text begin (14) deleted text end new text begin (13) new text end fail to notify the commissioner of an uncertified shipment of deleted text begin plants, plant
materials, or deleted text end nursery stock;

deleted text begin (15) deleted text end new text begin (14) new text end transport uncertified deleted text begin plants, plant materials, or deleted text end nursery stock in Minnesota; or

deleted text begin (16) deleted text end new text begin (15) new text end sell nursery stock to an uncertified nursery stock dealer who is required to be
certified.

Sec. 54.

Minnesota Statutes 2022, section 18H.18, is amended to read:

18H.18 CONSERVATION OF CERTAIN WILDFLOWERS.

Subdivision 1.

Restrictions on collecting.

No deleted text begin person deleted text end new text begin entity new text end shall distribute any species
of orchids (Orchidaceae), any gentian (Gentiana), arbutus (Epigaea repens), lilies (Lilium
species), coneflowers (Echinacea species), bloodroot (Sanguinaria canadensis), mayapple
(Podophyllum peltatutum), any species of trillium (Trillium species), or lotus (Nelumbo
lutea), deleted text begin which deleted text end new text begin that new text end have been collected in any manner from any public or private property
without the written permission of the property owner deleted text begin and deleted text end new text begin . Plants intended to be offered for
sale must have the new text end written authorization from the commissioner.

Subd. 2.

Collection without sale.

Wildflower collection from public or private land for
the purpose of transplanting the plants to deleted text begin a person's deleted text end new text begin an entity's new text end private property and not
offering for immediate sale, requires the written permission from the property owner of the
land on which the wildflowers are growing.

Subd. 3.

Collection with intent to sell or distribute wildflowers.

(a) The wildflowers
listed in this section may be offered for immediate sale only if the plants are to be used for
scientific or herbarium purposes.

(b) The wildflowers listed in this section must not be collected and sold commercially
unless the plants are:

(1) growing naturally, collected, and cultivated on the collector's property; or

(2) collected through the process described in subdivision 2 and transplanted and
cultivated on the collector's property new text begin for at least one growing season before the sale new text end .

(c) The collector must obtain a written permit from the commissioner before the plants
may be offered for commercial sale.

new text begin (d) A plant sold commercially must be individually labeled with a department permit
number.
new text end

Sec. 55. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 18G.02, subdivisions 12, 17, 21, 25, and 29; 18H.02,
subdivisions 10, 12a, 29, 31, 32a, and 34; and 18H.06, subdivision 1, new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 23-00338

18G.02 DEFINITIONS.

Subd. 12.

Harmful plant pest.

"Harmful plant pest" means a plant pest that constitutes a significant threat to the agricultural, forest, or horticultural interests of Minnesota or the general environmental quality of the state.

Subd. 17.

Nursery stock.

"Nursery stock" means a plant intended for planting or propagation, including, but not limited to, trees, shrubs, vines, perennials, biennials, grafts, cuttings, and buds that may be sold for propagation, whether cultivated or wild, and all viable parts of these plants. Nursery stock does not include:

(1) field and forage crops;

(2) the seeds of grasses, cereal grains, vegetable crops, and flowers;

(3) vegetable plants, bulbs, or tubers;

(4) cut flowers, unless stems or other portions are intended for propagation;

(5) annuals; or

(6) Christmas trees.

Subd. 21.

Pest.

"Pest" means any living agent capable of reproducing itself that causes or may potentially cause harm to plants or other biotic organisms.

Subd. 25.

Preclearance.

"Preclearance" means an agreement between quarantine officials of exporting and importing states to pass plants, plant material, or other items through quarantine by allowing the exporting state to inspect the plants preshipment, rather than the importing state inspecting the shipment upon arrival.

Subd. 29.

Regulated nonquarantine pest.

"Regulated nonquarantine pest" means a plant pest that has not been quarantined by state or federal agencies and whose presence in plants or articles may pose an unacceptable risk to nursery stock, other plants, the environment, or human activities.

18H.02 DEFINITIONS.

Subd. 10.

Container-grown.

"Container-grown" means a plant that was produced from a liner or cutting in a container.

Subd. 12a.

Dormant.

"Dormant" means nursery stock without etiolated growth.

Subd. 29.

Public nuisance.

"Public nuisance" means:

(1) a plant, appliance, conveyance, or article that is infested with plant pests that may cause significant damage or harm; or

(2) premises where a plant pest is found.

Subd. 31.

Regulated nonquarantine pest.

"Regulated nonquarantine pest" means a plant pest that has not been quarantined by state or federal agencies and whose presence in plants or articles may pose an unacceptable risk to nursery stock, other plants, the environment, or human activities.

Subd. 32a.

Sod.

"Sod" means the upper portion of soil that contains the roots of grasses and the living grass plants.

Subd. 34.

Tree spade operator.

"Tree spade operator" means a person who uses a tree spade to dig, sell, offer for sale, distribute, or transport certified nursery stock.

18H.06 EXEMPT NURSERY SALES.

Subdivision 1.

Not-for-profit sales.

An organization or individual may offer for sale certified nursery stock and be exempt from the requirement to obtain a nursery stock dealer certificate if sales are conducted by a nonprofit charitable, educational, or religious organization that:

(1) conducts sales or distributions of certified nursery stock on ten or fewer days in a calendar year; and

(2) uses the proceeds from its certified nursery stock sales or distribution for charitable, educational, or religious purposes.