HF 1717

1st Unofficial Engrossment - 90th Legislature (2017 - 2018) Posted on 05/17/2017 08:35am

1.1A bill for an act

1.2relating to agriculture; making policy and technical changes to various
1.3agricultural-related provisions; reorganizing dairy law; making conforming changes;
1.4amending Minnesota Statutes 2016, sections 13.6435, subdivision 8; 15.985;
1.517.119, subdivision 1; 17.53, subdivisions 2, 8, 13; 17.983, subdivision 1; 17.984,
1.6subdivision 1; 18B.01, by adding subdivisions; 18B.26, subdivision 1; 18B.28,
1.7subdivisions 1, 3; 18B.305, subdivision 1; 18B.33, subdivision 1; 18B.34,
1.8subdivision 1; 18B.36, subdivision 1; 18B.37, subdivision 3; 18C.70, subdivision
1.95; 18C.71, subdivision 4; 18H.06, subdivision 2; 18H.07, subdivisions 2, 3; 21.111,
1.10subdivisions 2, 3; 21.113; 21.117; 25.32; 25.33, subdivisions 5, 10, 21; 25.341,
1.11subdivisions 1, 2; 25.35; 25.371, subdivision 2; 25.38; 25.39, subdivisions 1, 1a,
1.122, 3; 25.40, subdivision 2; 25.41, subdivisions 1, 2, 3, 5, 7a; 25.42; 25.43; 27.04;
1.1327.041, subdivision 1; 28A.21, subdivision 6; 31A.02, subdivision 4; 32C.02,
1.14subdivision 2; 32C.06; 34A.01, subdivision 1; 41B.03, subdivisions 2, 3; 41B.043,
1.15subdivision 5; 41B.045, subdivision 2; 41C.02, subdivision 12; 116V.01,
1.16subdivisions 1, 2, 3, 4, 7, 10, 11, 13, 14; 223.17, subdivision 8; 232.22, subdivision
1.177; proposing coding for new law as Minnesota Statutes, chapter 32D; repealing
1.18Minnesota Statutes 2016, sections 18B.01, subdivisions 10a, 10b, 22a; 18B.285;
1.1925.371, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15; 32.01, subdivisions
1.201, 2, 6, 8, 9, 10, 11, 12; 32.021; 32.071; 32.072; 32.073; 32.074; 32.075; 32.076;
1.2132.078; 32.10; 32.102; 32.103; 32.105; 32.106; 32.21; 32.212; 32.22; 32.25; 32.391,
1.22subdivisions 1, 1d, 1e, 1f, 1g, 2, 3; 32.392; 32.393; 32.394, subdivisions 1, 2, 3,
1.234, 5, 6, 7, 8, 8a, 8b, 8c, 8d, 8e, 9, 11, 12; 32.395; 32.397; 32.398, subdivision 1;
1.2432.401, subdivisions 1, 2, 3, 5; 32.415; 32.416; 32.475; 32.481, subdivision 1;
1.2532.482; 32.483; 32.484; 32.486; 32.55, subdivisions 1, 2, 3, 4, 5, 12, 13, 14; 32.555;
1.2632.56; 32.61; 32.62; 32.63; 32.64; 32.645; 32.70; 32.71; 32.72; 32.74; 32.745;
1.2732.75; 32.90; 41D.01, subdivision 4.
1.28BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.29ARTICLE 1

1.30AGRICULTURAL POLICY

1.31    Section 1. Minnesota Statutes 2016, section 15.985, is amended to read:
1.3215.985 ADVISORY INSPECTIONS.
2.1(a) Upon the voluntary request of a person to a state agency for an advisory inspection
2.2for the purpose of complying with state law, the agency must, except as provided in
2.3paragraphs (f) and (g), conduct an advisory inspection. An agency is not required to conduct
2.4an advisory inspection if the agency has a regularly scheduled inspection that would occur
2.5within 90 days after the request for the advisory inspection, or if before an advisory inspection
2.6is requested, the agency has notified the person that it will be conducting an inspection
2.7within 45 days. If an advisory inspection results in findings that potentially could make a
2.8person subject to a fine or other penalty imposed by the agency, the agency must notify the
2.9person in writing of those findings within ten days of the inspection.
2.10(1) Except as provided in clause (2), if within 60 days of receiving notice, the person
2.11notifies the agency that it has corrected the situation that made the person potentially subject
2.12to the fine or penalty, and the agency later determines that the situation is corrected, the
2.13agency may not impose a fine or penalty as a result of the findings in the advisory inspection.
2.14    (2) For violations of chapter 177, if the person notifies the agency within the time period
2.15for remedying violations required under the applicable section of chapter 177 that it has
2.16corrected the situation that made the person potentially subject to the fine or penalty, and
2.17the agency later determines that the situation is corrected, the agency may not impose a fine
2.18or penalty as a result of the finding in the advisory inspection.
2.19    (3) A person may not request more than one advisory inspection from the same agency
2.20in a calendar year. A person may not request an advisory inspection after an inspection
2.21resulting in a fine or other penalty has been determined and the violator notified of the
2.22amount to be paid, until fines or penalties have been paid or settled.
2.23(b) For purposes of this section:
2.24(1) "inspection" includes an examination of real or personal property or an audit or other
2.25examination of financial or other documents;
2.26(2) "penalty" includes a civil or administrative fine or other financial sanction;
2.27(3) "person" includes a real person and businesses, including corporations, partnerships,
2.28limited liability companies, and unincorporated associations; and
2.29(4) "state agency" means a department, agency, board, commission, constitutional office,
2.30or other group in the executive branch of state government.
2.31(c) If an agency revises, amends, extends, or adds additional violations to a notice, the
2.32person has 60 days from the date of those changes to correct the situation without fine or
3.1penalty. For violations of chapter 177, the person has the time period for remedying violations
3.2under the applicable section of chapter 177 to correct the situation without fine or penalty.
3.3    (d) An agency conducting an inspection under this section may impose and collect from
3.4the person requesting the inspection a fee equal to the costs incurred by the agency related
3.5to the inspection. Fees under this section shall be considered charges for goods and services
3.6provided for the direct and primary use of a private individual, business, or other entity
3.7under section 16A.1283, paragraph (b), clause (3). Fee revenue collected under this section
3.8must be deposited in an appropriate fund other than the general fund and is appropriated
3.9from that fund to the agency collecting the fee for the purpose of conducting inspections
3.10under this section.
3.11    (e) Nothing in this section shall prohibit or interfere with an agency offering similar
3.12programs that allow independent audits or inspections, including the environmental
3.13improvement program under chapter 114C. If a person conducts a self-audit under chapter
3.14114C, the terms and conditions of this section do not apply. For advisory inspections
3.15conducted by the Pollution Control Agency, terms and conditions of sections 114C.20 to
3.16114C.28 shall be used instead of those in paragraphs (a) to (c) and (g).
3.17(f) If agency staff resources are limited, an agency must give higher priority to the
3.18agency's regular inspections over advisory inspections under this section. Insofar as
3.19conducting advisory inspections reduces an agency's costs, the savings must be reflected
3.20in the charges for advisory inspections. Before hiring additional staff complement for
3.21purposes of this section, an agency must report to the chairs and ranking minority members
3.22of the legislative budget committees with jurisdiction over the agency documenting: (1) the
3.23demand for advisory inspections and why additional staff complement is needed to meet
3.24the demand; and (2) that the revenue generated by advisory inspections will cover the
3.25expenses of the additional staff complement. If a person requests an advisory inspection,
3.26but the agency does not have staff resources necessary to conduct the advisory inspection
3.27before a regular inspection is conducted, and the regular inspection results in findings that
3.28could make a person subject to a fine or penalty, the agency must take into account the
3.29person's request for an advisory inspection and the person's desire to take corrective action
3.30before taking any enforcement action against the person.
3.31(g) This section does not apply to:
3.32(1) criminal penalties;
3.33(2) situations in which implementation of this section is prohibited by federal law or
3.34would result in loss of federal funding or in other federal sanctions or in which
4.1implementation would interfere with multistate agreements, international agreements, or
4.2agreements between state and federal regulatory agencies;
4.3(3) conduct constituting fraud;
4.4(4) violations in a manner that endangers human life or presents significant risk of major
4.5injury or severe emotional harm to humans;
4.6(5) violations that are part of a pattern that has occurred repeatedly and shows willful
4.7intent;
4.8(6) violations for which it may be demonstrated that the alternative inspections process
4.9is being used to avoid enforcement;
4.10(7) violations that occur within three years of violating an applicable law;
4.11(8) the Department of Revenue;
4.12(9) the Workers' Compensation Division at the Department of Labor and Industry;
4.13(10) violations of vehicle size weight limits under sections 169.80 to 169.88;
4.14(11) commercial motor vehicle inspections under section 169.781 and motor carrier
4.15regulations under chapter 221;
4.16(12) the Dairy and Food Inspection Division of the Department of Agriculture, if the
4.17division provides free inspections similar to those under this section;
4.18(13) (12) state inspections or surveys of hospitals, nursing homes, outpatient surgical
4.19centers, supervised living facilities, board and lodging with special services, home care,
4.20housing with services and assisted living settings, hospice, and supplemental nursing services
4.21agencies;
4.22(14) (13) examinations of health maintenance organizations or county-based purchasing
4.23entities regulated under chapter 62D;
4.24(15) (14) special transportation services under section 174.30; and
4.25(16) (15) entities regulated by the Department of Commerce's Financial Institutions and
4.26Insurance Divisions for purposes of regulatory requirements of those divisions.
4.27If an agency determines that this section does not apply due to situations specified in clause
4.28(2), the agency must report the basis for that determination to the chairs and ranking minority
4.29members of the legislative committees with jurisdiction over the agency.
4.30(h) An agency may terminate an advisory inspection and proceed as if an inspection
4.31were a regular inspection if, in the process of conducting an advisory inspection, the agency
5.1finds a situation that the agency determines: could lead to criminal penalties; endangers
5.2human life or presents significant risk of major injury or severe emotional harm to humans;
5.3presents a severe and imminent threat to animals, food, feed, crops, commodities, or the
5.4environment; or evidences a pattern of willful violations.

5.5    Sec. 2. Minnesota Statutes 2016, section 17.119, subdivision 1, is amended to read:
5.6    Subdivision 1. Grants; eligibility. (a) The commissioner must award cost-share grants
5.7to Minnesota farmers who retrofit eligible tractors and Minnesota schools that retrofit eligible
5.8tractors with eligible rollover protective structures.
5.9(b) Grants for farmers are limited to 70 percent of the farmer's or school's documented
5.10cost to purchase, ship, and install an eligible rollover protective structure. The commissioner
5.11must increase the a farmer's grant award amount over the 70 percent grant limitation
5.12requirement if necessary to limit a farmer's or school's cost per tractor to no more than $500.
5.13(c) Schools are eligible for grants that cover the full amount of a school's documented
5.14cost to purchase, ship, and install an eligible rollover protective structure.
5.15(b) (d) A rollover protective structure is eligible if it meets or exceeds SAE International
5.16standard J2194 is certified to appropriate national or international rollover protection structure
5.17standards with a seat belt.
5.18(c) (e) A tractor is eligible if the tractor was built before 1987.
5.19EFFECTIVE DATE.This section is effective retroactively from July 1, 2016.

5.20    Sec. 3. Minnesota Statutes 2016, section 17.53, subdivision 2, is amended to read:
5.21    Subd. 2. Agricultural commodity. (a) Except as provided in paragraph (b), "agricultural
5.22commodity" means any agricultural product, including, without limitation, animals and
5.23animal products, grown, raised, produced, or fed within Minnesota for use as food, feed,
5.24seed, or any industrial or chemurgic purpose.
5.25(b) For wheat, barley, corn, and cultivated wild rice, "agricultural commodity" means
5.26wheat, barley, and cultivated wild rice including, without limitation, wheat, barley, and
5.27cultivated wild rice grown or produced within or outside Minnesota, for use as food, feed,
5.28seed, or any industrial or chemurgic purpose.

5.29    Sec. 4. Minnesota Statutes 2016, section 17.53, subdivision 8, is amended to read:
5.30    Subd. 8. First purchaser. (a) Except as provided in paragraph (b), "first purchaser"
5.31means any person that buys agricultural commodities for movement into commercial channels
6.1from the producer; or any lienholder, secured party or pledgee, public or private, or assignee
6.2of said lienholder, secured party or pledgee, who gains title to the agricultural commodity
6.3from the producer as the result of exercising any legal rights by the lienholder, secured
6.4party, pledgee, or assignee thereof, regardless of when the lien, security interest or pledge
6.5was created and regardless of whether the first purchaser is domiciled within the state or
6.6without. "First purchaser" does not mean the Commodity Credit Corporation when a
6.7commodity is used as collateral for a federal nonrecourse loan unless the commissioner
6.8determines otherwise.
6.9(b) For wheat, barley, corn, and cultivated wild rice, "first purchaser" means a person
6.10who buys, receives delivery of, or provides storage for the agricultural commodity from a
6.11producer for movement into commercial channels; or a lienholder, secured party, or pledgee,
6.12who gains title to the agricultural commodity from the producers as the result of exercising
6.13any legal rights by the lienholder, secured party, pledgee, or assignee, regardless of when
6.14the lien, security interest, or pledge was created and regardless of whether or not the first
6.15purchaser is domiciled in the state. "First purchaser" does not mean the Commodity Credit
6.16Corporation when the wheat, barley, or cultivated wild rice is used as collateral for a federal
6.17nonrecourse loan unless the commissioner determines otherwise.

6.18    Sec. 5. Minnesota Statutes 2016, section 17.53, subdivision 13, is amended to read:
6.19    Subd. 13. Producer. (a) Except as provided in paragraph (b), "producer" means any
6.20person who owns or operates an agricultural producing or growing facility for an agricultural
6.21commodity and shares in the profits and risk of loss from such operation, and who grows,
6.22raises, feeds or produces the agricultural commodity in Minnesota during the current or
6.23preceding marketing year.
6.24(b) For wheat, barley, corn, and cultivated wild rice, "producer" means in addition to
6.25the meaning in paragraph (a) and for the purpose of the payment or the refund of the checkoff
6.26fee paid pursuant to sections 17.51 to 17.69 only, a person who delivers into, stores within,
6.27or makes the first sale of the agricultural commodity in Minnesota.

6.28    Sec. 6. Minnesota Statutes 2016, section 17.983, subdivision 1, is amended to read:
6.29    Subdivision 1. Administrative penalties; citation. If a person has violated a provision
6.30of chapter 25, 31B, or 32 32D, the commissioner may issue a written citation to the person
6.31by personal service or by certified mail. The citation must describe the nature of the violation
6.32and the statute or rule alleged to have been violated; state the time for correction, if
6.33applicable; and the amount of any proposed fine. The citation must advise the person to
7.1notify the commissioner in writing within 30 days if the person wishes to appeal the citation.
7.2If the person fails to appeal the citation, the citation is the final order and not subject to
7.3further review.

7.4    Sec. 7. Minnesota Statutes 2016, section 17.984, subdivision 1, is amended to read:
7.5    Subdivision 1. Authority. To carry out the commissioner's enforcement duties under
7.6chapter 32 32D, the commissioner may, upon presenting appropriate credentials, during
7.7regular working hours and at other reasonable times, inspect premises subject to the
7.8commissioner's enforcement and licensing authority for reasons related to the commissioner's
7.9enforcement and licensing authority; request information from persons with information
7.10relevant to an inspection; and inspect relevant papers and records, including business records.
7.11The commissioner may issue notices in lieu of citations for minor violations if a notice is
7.12in the public interest.

7.13    Sec. 8. Minnesota Statutes 2016, section 18B.01, is amended by adding a subdivision to
7.14read:
7.15    Subd. 9b. Experimental use permit. "Experimental use permit" means a permit issued
7.16by the United States Environmental Protection Agency as authorized in Section 5 of the
7.17Federal Insecticide, Fungicide, and Rodenticide Act.

7.18    Sec. 9. Minnesota Statutes 2016, section 18B.01, is amended by adding a subdivision to
7.19read:
7.20    Subd. 9c. Experimental use pesticide product. "Experimental use pesticide product"
7.21means any federally registered or unregistered pesticide whose use is authorized by an
7.22experimental use permit issued by the United States Environmental Protection Agency.

7.23    Sec. 10. Minnesota Statutes 2016, section 18B.26, subdivision 1, is amended to read:
7.24    Subdivision 1. Requirement. (a) Except as provided in paragraphs (b) to (d) (e), a person
7.25may not use or distribute a pesticide in this state unless it is registered with the commissioner.
7.26Pesticide registrations expire on December 31 of each year and may be renewed on or before
7.27that date for the following calendar year.
7.28(b) Registration is not required if a pesticide is shipped from one plant or warehouse to
7.29another plant or warehouse operated by the same person and used solely at the plant or
7.30warehouse as an ingredient in the formulation of a pesticide that is registered under this
7.31chapter.
8.1(c) An unregistered pesticide that was previously registered with the commissioner may
8.2be used for a period of two years following the cancellation of the registration of the pesticide,
8.3unless the commissioner determines that the continued use of the pesticide would cause
8.4unreasonable adverse effects on the environment, or with the written permission of the
8.5commissioner. To use the unregistered pesticide at any time after the two-year period, the
8.6pesticide end user must demonstrate to the satisfaction of the commissioner, if requested,
8.7that the pesticide has been continuously registered under a different brand name or by a
8.8different manufacturer and has similar composition, or, the pesticide end user obtains the
8.9written permission of the commissioner.
8.10(d) The commissioner may allow specific pesticide products that are not registered with
8.11the commissioner to be distributed in this state for use in another state.
8.12(e) A substance or mixture of substances being tested only to determine its potential
8.13efficacy as a pesticide, or to determine its toxicity or other properties, and not requiring the
8.14issuance of an experimental use permit under United States Environmental Protection
8.15Agency criteria specified in federal regulations, is not required to be registered.
8.16(e) (f) Each pesticide with a unique United States Environmental Protection Agency
8.17pesticide registration number or a unique brand name must be registered with the
8.18commissioner.
8.19(f) (g) It is unlawful for a person to distribute or use a pesticide in the state, or to sell
8.20into the state for use in the state, any pesticide product that has not been registered by the
8.21commissioner and for which the applicable pesticide registration application fee, gross sales
8.22fee, or waste pesticide program surcharge is not paid pursuant to subdivisions 3 and 4.
8.23(g) (h) Every person who sells for use in the state a pesticide product that has been
8.24registered by the commissioner shall pay to the commissioner the applicable registration
8.25application fees, sales fees, and waste pesticide program surcharges. These sales expressly
8.26include all sales made electronically, telephonically, or by any other means that result in a
8.27pesticide product being shipped to or used in the state. There is a rebuttable presumption
8.28that pesticide products that are sold or distributed in or into the state by any person are sold
8.29or distributed for use in the state.

8.30    Sec. 11. Minnesota Statutes 2016, section 18B.28, subdivision 1, is amended to read:
8.31    Subdivision 1. Requirement. A person may not use or distribute an experimental use
8.32pesticide product in the state until it is registered with the commissioner. Experimental use
8.33pesticide product registrations expire on December 31 of each year and may be renewed
9.1on or before that date. A substance or mixture of substances being tested only to determine
9.2its potential efficacy as a pesticide, or to determine its toxicity or other properties, and not
9.3requiring the issuance of an experimental use permit under United States Environmental
9.4Protection Agency criteria specified in federal regulations, is not required to be registered.

9.5    Sec. 12. Minnesota Statutes 2016, section 18B.28, subdivision 3, is amended to read:
9.6    Subd. 3. Application. A person must file an application for experimental use pesticide
9.7product registration with the commissioner. An application to register an experimental use
9.8pesticide product must include:
9.9(1) the name and address of the applicant;
9.10(2) a federal copy of the United States Environmental Protection Agency approval
9.11document permit;
9.12(3) a description of the purpose or objectives of the experimental use product;
9.13(4) an a copy of the experimental use pesticide labeling accepted experimental use
9.14pesticide product label by the United States Environmental Protection Agency;
9.15(5) the name, address, and telephone number of cooperators or participants in this state;
9.16(6) the amount of material to be shipped or used in this state; and
9.17(7) other information requested by the commissioner.

9.18    Sec. 13. Minnesota Statutes 2016, section 18B.305, subdivision 1, is amended to read:
9.19    Subdivision 1. Education and training. (a) The commissioner, as the lead agency, shall
9.20develop, implement or approve, and evaluate, in consultation with University of Minnesota
9.21Extension, the Minnesota State Colleges and Universities system, and other educational
9.22institutions, innovative educational and training programs addressing pesticide and pest
9.23management concerns including:
9.24(1) water quality protection;
9.25(2) endangered species protection;
9.26(3) minimizing pesticide residues in food and water;
9.27(4) worker protection and applicator safety;
9.28(5) chronic toxicity;
9.29(6) integrated pest management and pest resistance;
10.1(7) pesticide disposal;
10.2(8) pesticide drift;
10.3(9) relevant laws including pesticide labels and labeling and state and federal rules and
10.4regulations; and
10.5(10) current science and technology updates.
10.6(b) The commissioner shall appoint educational planning committees which must include
10.7representatives of industry and applicators.
10.8(c) Specific current regulatory concerns must be discussed and, if appropriate,
10.9incorporated into each training session. Relevant changes to pesticide product labels or
10.10labeling or state and federal rules and regulations may be included.
10.11(d) The commissioner may approve programs from private industry, higher education
10.12institutions, and nonprofit organizations that meet minimum requirements for education,
10.13training, and certification.

10.14    Sec. 14. Minnesota Statutes 2016, section 18B.33, subdivision 1, is amended to read:
10.15    Subdivision 1. Requirement. (a) A person may not apply a pesticide for hire without a
10.16commercial applicator license for the appropriate use categories or a structural pest control
10.17license.
10.18    (b) A commercial applicator licensee must have a valid license identification card to
10.19purchase a restricted use pesticide or apply pesticides for hire and must display it upon
10.20demand by an authorized representative of the commissioner or a law enforcement officer.
10.21The commissioner shall prescribe the information required on the license identification
10.22card.
10.23(c) A person licensed under this section applying a pesticide consistent with the label
10.24and labeling is not required to verify, document, or otherwise prove a particular need prior
10.25to or following the application of a pesticide registered under FIFRA, except as required
10.26by the label.

10.27    Sec. 15. Minnesota Statutes 2016, section 18B.34, subdivision 1, is amended to read:
10.28    Subdivision 1. Requirement. (a) Except for a licensed commercial applicator, certified
10.29private applicator, or licensed structural pest control applicator, a person, including a
10.30government employee, may not purchase or use a restricted use pesticide in performance
11.1of official duties without having a noncommercial applicator license for an appropriate use
11.2category.
11.3    (b) A licensee must have a valid license identification card when applying pesticides
11.4and must display it upon demand by an authorized representative of the commissioner or a
11.5law enforcement officer. The license identification card must contain information required
11.6by the commissioner.
11.7(c) A person licensed under this section applying a pesticide consistent with the label
11.8and labeling is not required to verify, document, or otherwise prove a particular need prior
11.9to or following the application of a pesticide registered under FIFRA, except as required
11.10by the label.

11.11    Sec. 16. Minnesota Statutes 2016, section 18B.36, subdivision 1, is amended to read:
11.12    Subdivision 1. Requirement. (a) Except for a licensed commercial or noncommercial
11.13applicator, only a certified private applicator may use a restricted use pesticide to produce
11.14an agricultural commodity:
11.15(1) as a traditional exchange of services without financial compensation;
11.16(2) on a site owned, rented, or managed by the person or the person's employees; or
11.17(3) when the private applicator is one of two or fewer employees and the owner or
11.18operator is a certified private applicator or is licensed as a noncommercial applicator.
11.19(b) A person may not purchase a restricted use pesticide without presenting a license
11.20card, certified private applicator card, or the card number.
11.21(c) A person certified under this section applying a pesticide consistent with the label
11.22and labeling is not required to verify, document, or otherwise prove a particular need prior
11.23to or following the application of a pesticide registered under FIFRA, except as required
11.24by the label.

11.25    Sec. 17. Minnesota Statutes 2016, section 18B.37, subdivision 3, is amended to read:
11.26    Subd. 3. Structural pest control applicators. (a) A structural pest control applicator
11.27must maintain a record of each structural pest control application conducted by that person
11.28or by the person's employees. The record must include the:
11.29(1) date of structural pest control application;
11.30(2) target pest;
12.1(3) brand name of the pesticide, United States Environmental Protection Agency
12.2registration number, and amount used;
12.3(4) for fumigation, the temperature and exposure time;
12.4(5) time the pesticide application was completed;
12.5(6) name and address of the customer;
12.6(7) name of structural pest control applicator, name of company and address of applicator
12.7or company, and license number of applicator; and
12.8(8) any other information required by the commissioner.
12.9(b) All information for this record requirement must be contained in a document for
12.10each pesticide application. An invoice containing the required information may constitute
12.11the record.
12.12(c) The record must be completed no later than five days after the application of the
12.13pesticide.
12.14(d) Records must be retained for five years after the date of treatment.
12.15(e) A copy of the record must be given to a person who ordered the application that is
12.16present at the site where the structural pest control application is conducted, placed in a
12.17conspicuous location at the site where the structural pest control application is conducted
12.18immediately after the application of the pesticides, or delivered to the person who ordered
12.19an application or the owner of the site. The commissioner must make sample forms available
12.20that meet the requirements of this subdivision.
12.21(f) A structural applicator must post in a conspicuous place inside a renter's apartment
12.22where a pesticide application has occurred a list of postapplication precautions contained
12.23on the label of the pesticide that was applied in the apartment and any other information
12.24required by the commissioner.

12.25    Sec. 18. Minnesota Statutes 2016, section 18C.70, subdivision 5, is amended to read:
12.26    Subd. 5. Expiration. This section expires January 8, 2017 June 30, 2020.
12.27EFFECTIVE DATE.This section is effective retroactively from January 7, 2017.

12.28    Sec. 19. Minnesota Statutes 2016, section 18C.71, subdivision 4, is amended to read:
12.29    Subd. 4. Expiration. This section expires January 8, 2017 June 30, 2020.
12.30EFFECTIVE DATE.This section is effective retroactively from January 7, 2017.

13.1    Sec. 20. Minnesota Statutes 2016, section 18H.06, subdivision 2, is amended to read:
13.2    Subd. 2. Occasional sales. (a) An individual may offer nursery stock for sale and be
13.3exempt from the requirement to obtain a nursery stock certificate if:
13.4(1) the gross sales of all nursery stock in a calendar year do not exceed $2,000;
13.5(2) all nursery stock sold or distributed by the individual is intended for planting in
13.6Minnesota;
13.7(3) all nursery stock purchased or procured for resale or distribution was grown in
13.8Minnesota and has been certified by the commissioner; and
13.9(4) the individual conducts sales or distributions of nursery stock on ten or fewer days
13.10in a calendar year.
13.11(b) A municipality may offer certified nursery stock for sale and be exempt from the
13.12requirement to obtain a nursery stock certificate if:
13.13(1) all nursery stock offered for sale or distributed is intended for planting by residents
13.14of the municipality on public property or public easements within the municipal boundary;
13.15(2) all nursery stock purchased or procured for resale or distribution is grown in
13.16Minnesota and has been certified by the commissioner; and
13.17(3) the municipality submits to the commissioner before any sale or distribution of
13.18nursery stock a list of all suppliers who provide the municipality with nursery stock.
13.19(b) (c) The commissioner may prescribe the conditions of the exempt nursery sales under
13.20this subdivision and may conduct routine inspections of the nursery stock offered for sale.

13.21    Sec. 21. Minnesota Statutes 2016, section 18H.07, subdivision 2, is amended to read:
13.22    Subd. 2. Nursery stock grower certificate. (a) A nursery stock grower must pay an
13.23annual fee based on the area of all acreage on which nursery stock is grown as follows:
13.24(1) less than one-half acre, $150;
13.25(2) from one-half acre to two acres, $200;
13.26(3) over two acres up to five acres, $300;
13.27(4) over five acres up to ten acres, $350;
13.28(5) over ten acres up to 20 acres, $500;
13.29(6) over 20 acres up to 40 acres, $650;
14.1(7) over 40 acres up to 50 acres, $800;
14.2(8) over 50 acres up to 200 acres, $1,100;
14.3(9) over 200 acres up to 500 acres, $1,500; and
14.4(10) over 500 acres, $1,500 plus $2 for each additional acre.
14.5(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due must
14.6be charged for each month, or portion thereof, that the fee is delinquent up to a maximum
14.7of 30 percent for any application for renewal not postmarked or electronically date stamped
14.8by December 31 of the current year.
14.9(c) A nursery stock grower found operating without a valid nursery stock grower
14.10certificate cannot offer for sale or sell nursery stock until: (1) payment is received by the
14.11commissioner for (i) the certificate fee due, and (ii) a penalty equal to the certificate fee
14.12owed; and (2) a new certificate is issued to the nursery stock grower by the commissioner.

14.13    Sec. 22. Minnesota Statutes 2016, section 18H.07, subdivision 3, is amended to read:
14.14    Subd. 3. Nursery stock dealer certificate. (a) A nursery stock dealer must pay an annual
14.15fee based on the dealer's gross sales of certified nursery stock per location during the most
14.16recent certificate year. A certificate applicant operating for the first time must pay the
14.17minimum fee. The fees per sales location are:
14.18(1) gross sales up to $5,000, $150;
14.19(2) gross sales over $5,000 up to $20,000, $175;
14.20(3) gross sales over $20,000 up to $50,000, $300;
14.21(4) gross sales over $50,000 up to $75,000, $425;
14.22(5) gross sales over $75,000 up to $100,000, $550;
14.23(6) gross sales over $100,000 up to $200,000, $675; and
14.24(7) gross sales over $200,000, $800.
14.25(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due must
14.26be charged for each month, or portion thereof, that the fee is delinquent up to a maximum
14.27of 30 percent for any application for renewal not postmarked or electronically date stamped
14.28by December 31 of the current year.
14.29(c) A nursery stock dealer found operating without a valid nursery stock dealer certificate
14.30cannot offer for sale or sell nursery stock until: (1) payment is received by the commissioner
15.1for (i) the certificate fee due, and (ii) a penalty equal to the certificate fee owed; and (2) a
15.2new certificate is issued to the nursery stock dealer by the commissioner.

15.3    Sec. 23. Minnesota Statutes 2016, section 21.111, subdivision 2, is amended to read:
15.4    Subd. 2. Inspected. "Inspected" means that the potato plants are examined in the field
15.5and that the harvested potatoes produced by such the potato plants are examined by or under
15.6the authority of the commissioner. For seed potatoes produced in a lab, inspected means
15.7that the lab's records, including records related to the lab's procedures and protocols, as well
15.8as the seed potatoes, have been examined under the authority of the commissioner.

15.9    Sec. 24. Minnesota Statutes 2016, section 21.111, subdivision 3, is amended to read:
15.10    Subd. 3. Certified. "Certified" means that the potatoes were inspected while growing
15.11in the field and again after being harvested, and were thereafter duly certified by or under
15.12the authority of the commissioner, as provided in sections 21.111 to 21.122, and as provided
15.13by rules adopted and published by the commissioner. For seed potatoes produced in a lab,
15.14certified means that:
15.15(1) the seed potato lab facilities and the lab's procedures and protocols have been
15.16examined under the authority of the commissioner; and
15.17(2) the seed potatoes have been inspected after they have been harvested, removed, or
15.18released from the lab, and were duly certified by or under the authority of the commissioner,
15.19as provided in sections 21.111 to 21.122.

15.20    Sec. 25. Minnesota Statutes 2016, section 21.113, is amended to read:
15.2121.113 CERTIFICATES OF INSPECTION.
15.22(a) The commissioner shall cause issue certificates of inspection to be issued only when
15.23seed potatoes have been inspected while growing in the field and again after being harvested.
15.24(b) For seed potatoes produced in a lab, the commissioner shall issue certificates of
15.25inspection only after:
15.26(1) the seed potato lab facility and the lab's records have been inspected; and
15.27(2) the seed potatoes have been inspected after they have been harvested, removed, or
15.28released from the lab.
15.29Such (c) Certificates of inspection under this section shall show the varietal purity and
15.30the freedom from disease and physical injury of such potatoes and shall contain such any
16.1other information as may be prescribed by rules adopted and published under sections 21.111
16.2to 21.122.

16.3    Sec. 26. Minnesota Statutes 2016, section 21.117, is amended to read:
16.421.117 APPLICATIONS FOR INSPECTIONS; WITHDRAWALS.
16.5(a) Any person may make application to the commissioner for inspection or certification
16.6of seed potatoes growing or to be grown. Upon receiving such application and the required
16.7fee and such other information as may be required, the commissioner shall cause such
16.8potatoes to be inspected or certified in accordance with the provisions of sections 21.111
16.9to 21.122 and the rules adopted and published thereunder.
16.10(b) If a grower wishes to withdraw a field or lab after having made application for
16.11inspection and such withdrawal is requested before the field or lab inspection has been
16.12made, the fee paid shall be refunded to said grower.

16.13    Sec. 27. Minnesota Statutes 2016, section 25.32, is amended to read:
16.1425.32 COMMISSIONER'S DUTIES.
16.15The commissioner shall administer sections 25.31 to 25.43 shall be administered by the
16.16commissioner.

16.17    Sec. 28. Minnesota Statutes 2016, section 25.33, subdivision 5, is amended to read:
16.18    Subd. 5. Commercial feed. "Commercial feed" means materials or combinations of
16.19materials that are distributed or intended to be distributed for use as feed or for mixing in
16.20feed, including feed for aquatic animals, unless the materials are specifically exempted.
16.21Unmixed whole seeds and physically altered entire unmixed seeds, as identified in the
16.22United States grain standards, if the whole or physically altered seeds are not chemically
16.23changed, are not labeled as a feed or for use as feed, or are not adulterated within the meaning
16.24of section 25.37, paragraph (a), are exempt. The commissioner by rule may exempt from
16.25this definition, or from specific provisions of sections 25.31 to 25.43, commodities such as
16.26hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or
16.27substances if those commodities, compounds, or substances are not intermixed with other
16.28materials, are not labeled as a feed or for use as feed, and are not adulterated within the
16.29meaning of section 25.37, paragraph (a).

17.1    Sec. 29. Minnesota Statutes 2016, section 25.33, subdivision 10, is amended to read:
17.2    Subd. 10. Manufacture. "Manufacture" means to grind, mix or, blend, or further process,
17.3package, or label a commercial feed for distribution.

17.4    Sec. 30. Minnesota Statutes 2016, section 25.33, subdivision 21, is amended to read:
17.5    Subd. 21. Commissioner. "Commissioner" means the commissioner of agriculture or
17.6a designated representative the commissioner's agent.

17.7    Sec. 31. Minnesota Statutes 2016, section 25.341, subdivision 1, is amended to read:
17.8    Subdivision 1. Requirement. Before a person may: (1) manufacture a commercial feed
17.9in the state; (2) distribute a commercial feed in or into the state; or (3) have the person's
17.10name appear on the label of a commercial feed as guarantor, the person must have a
17.11commercial feed license for each guarantor, or manufacturing or distributing facility. A
17.12person who makes only retail sales of commercial feed, guaranteed by another, is not required
17.13to obtain a license.

17.14    Sec. 32. Minnesota Statutes 2016, section 25.341, subdivision 2, is amended to read:
17.15    Subd. 2. Application; fee; term. A person who is required to have a commercial feed
17.16license shall must submit an application on a form provided or approved by the commissioner
17.17accompanied by a an application fee of $75 paid to the commissioner for each location. A
17.18license is not transferable from one person to another, from one ownership to another, or
17.19from one location to another. The license year is the calendar year. A license expires on
17.20December 31 of the year for which it is issued, except that a license is valid through January
17.2131 of the next year or until the issuance of the renewal license, whichever comes first, if
17.22the licensee has filed a renewal application with the commissioner that has been received
17.23by the commissioner on or before December 31 of the year for which the current license
17.24was issued, or postmarked on or before December 31 of the year for which the current
17.25license was issued. Any person who is required to have, but fails to obtain a license or a
17.26licensee who fails to comply with license renewal requirements, shall must pay a $100 late
17.27fee in addition to the license fee.

17.28    Sec. 33. Minnesota Statutes 2016, section 25.35, is amended to read:
17.2925.35 LABELING.
17.30(a) A commercial feed, except a customer formula feed, must be accompanied by a label
17.31bearing the following information:
18.1(1) the product name and the brand name, if any, under which the commercial feed is
18.2distributed;
18.3(2) the guaranteed analysis, stated in terms the commissioner requires by rule, to advise
18.4the user of the composition of the feed or to support claims made in the labeling. The
18.5substances or elements must be determinable by laboratory methods such as the methods
18.6published by the AOAC International or other generally recognized methods;
18.7(3) the common or usual name of each ingredient used in the manufacture of the
18.8commercial feed. The commissioner may by rule permit the use of a collective term for a
18.9group of ingredients which perform a similar function, or may exempt commercial feeds
18.10or any group of commercial feeds from this requirement on finding that an ingredient
18.11statement is not required in the interest of consumers;
18.12(4) the name and principal mailing address of the manufacturer or the person responsible
18.13for distributing the commercial feed;
18.14(5) adequate directions for use for all commercial feeds containing drugs and for such
18.15other feeds as the commissioner may require by rule as necessary for their safe and effective
18.16use;
18.17(6) precautionary statements which the commissioner determines by rule are necessary
18.18for the safe and effective use of the commercial feed; and
18.19(7) a quantity statement.
18.20(b) A customer formula feed must be accompanied by a label, invoice, delivery slip, or
18.21other shipping document bearing the following information:
18.22(1) name and address of the manufacturer;
18.23(2) name and address of the purchaser;
18.24(3) date of delivery;
18.25(4) the product name and either (i) the quantity of each commercial feed and each other
18.26ingredient used in the mixture, or (ii) a guaranteed analysis and list of ingredients in paragraph
18.27(a), clauses (2) and (3);
18.28(5) adequate directions for use for all customer formula feeds containing drugs and for
18.29other feeds the commissioner requires by rule as necessary for their safe and effective use;
18.30(6) precautionary statements the commissioner determines by rule are necessary for the
18.31safe and effective use of the customer formula feed;
19.1(7) if a product containing a drug is used:
19.2(i) the purpose of the medication (claim statement); and
19.3(ii) the established name of each active drug ingredient and the level of each drug used
19.4in the final mixture expressed in a manner required by the commissioner by rule; and
19.5(8) for a customer formula feed for which the formula is developed by someone other
19.6than the manufacturer, a disclaimer may be included on the label stating "THIS FEED IS
19.7A CUSTOMER FORMULA FEED DEVELOPED BY SOMEONE OTHER THAN THE
19.8MANUFACTURER. THE MANUFACTURER DOES NOT CLAIM, REPRESENT,
19.9WARRANT, OR GUARANTEE, AND IS NOT RESPONSIBLE FOR THE NUTRITIONAL
19.10ADEQUACY OF THIS FEED OR THE NUTRITIONAL SUITABILITY OF THIS FEED
19.11FOR ITS INTENDED PURPOSE."; and
19.12(9) a quantity statement.
19.13(c) The manufacturer of a customer formula feed the formula of which is developed by
19.14someone other than the manufacturer is not responsible or liable for the nutritional adequacy
19.15or the nutritional suitability of the feed for its intended purpose if: (1) the manufacturer does
19.16not make a claim of nutritional adequacy for the customer formula feed and does not make
19.17a claim for nutritional suitability of the feed for its intended purpose; and (2) the manufacturer
19.18includes the disclaimer in paragraph (b), clause (8). A person other than the manufacturer
19.19who develops or recommends a formula for a customer formula feed is responsible for
19.20providing to the manufacturer of the feed the appropriate labeling information and for
19.21providing the appropriate use information to the feed manufacturer.

19.22    Sec. 34. Minnesota Statutes 2016, section 25.371, subdivision 2, is amended to read:
19.23    Subd. 2. Certificate application. (a) A person may apply to the commissioner for a
19.24good manufacturing practices certificate for commercial feed and feed ingredients.
19.25Application for good manufacturing practices certificates must be made on forms provided
19.26or approved by the commissioner. The commissioner shall conduct inspections of facilities
19.27for persons that have applied for or intend to apply for a good manufacturing practices
19.28certificate for commercial feed and feed ingredients from the commissioner. The
19.29commissioner shall not conduct an inspection under this section subdivision if the applicant
19.30has not paid in full the inspection fee for previous inspections. Certificate issuance shall be
19.31based on compliance with subdivisions 3 to 14, or United States Food and Drug
19.32Administration rules regarding preventive controls for animal feed.
20.1(b) The commissioner may assess a fee for the inspection, service, and work performed
20.2in carrying out the issuance of a good manufacturing practices certificate for commercial
20.3feed and feed ingredients. The inspection fee must be based on mileage and the cost of
20.4inspection.

20.5    Sec. 35. Minnesota Statutes 2016, section 25.38, is amended to read:
20.625.38 PROHIBITED ACTS.
20.7The following acts and causing the following acts in Minnesota are prohibited:
20.8(1) manufacture or distribution of any commercial feed that is adulterated or misbranded;
20.9(2) adulteration or misbranding of any commercial feed;
20.10(3) distribution of agricultural commodities such as whole seed, hay, straw, stover, silage,
20.11cobs, husks, and hulls, which are adulterated within the meaning of section 25.37, paragraph
20.12(a);
20.13(4) removal or disposal of a commercial feed in violation of an order under section 25.42;
20.14(5) failure or refusal to obtain a commercial feed license under section 25.341 or to
20.15provide a small package listing under section 25.39; or
20.16(6) failure to pay inspection fees, to register a small package under section 25.39, or to
20.17file reports as required by section 25.39.

20.18    Sec. 36. Minnesota Statutes 2016, section 25.39, subdivision 1, is amended to read:
20.19    Subdivision 1. Amount of fee. (a) An inspection fee at the rate of 16 cents per ton must
20.20be paid to the commissioner on commercial feeds distributed in this state by the person who
20.21first distributes the commercial feed, except that:
20.22(1) no fee need be paid on:
20.23(i) a commercial feed if the payment has been made by a previous distributor; or
20.24(ii) any feed ingredient in a customer formula feeds if the inspection fee is paid on the
20.25commercial feeds which are used as ingredients feed that has been directly furnished by the
20.26customer; or
20.27(2) a Minnesota feed distributor who can substantiate that greater than 50 percent of the
20.28distribution of commercial feed is to purchasers outside the state may purchase commercial
20.29feeds without payment of the inspection fee under a tonnage fee exemption permit issued
20.30by the commissioner no fee need be paid on a first distribution if made to a qualified buyer
21.1who, with approval from the commissioner, is responsible for the fee. Such location specific
21.2license-specific tonnage-fee-exemption permits shall be issued on a calendar year basis to
21.3commercial feed distributors licensees who distribute feed or feed ingredients outside the
21.4state, and who submit a $100 nonrefundable application fee and comply with rules adopted
21.5by the commissioner relative to record keeping, tonnage of commercial feed distributed in
21.6Minnesota, total of all commercial feed tonnage distributed, and all other information which
21.7the commissioner may require so as to ensure that proper inspection fee payment has been
21.8made.
21.9(b) In the case of pet food or specialty pet food distributed in the state only in packages
21.10of ten pounds or less, a listing of distributor must register each product and submit a current
21.11label for each product must be submitted annually on forms provided by the commissioner
21.12and, accompanied by an annual application fee of $100 for each product in lieu of the
21.13inspection fee. This annual fee is due by July 1 must be received by the commissioner on
21.14or before June 30 or postmarked on or before June 30. The inspection fee required by
21.15paragraph (a) applies to pet food or specialty pet food distributed in packages exceeding
21.16ten pounds.
21.17(c) In the case of specialty pet food distributed in the state only in packages of ten pounds
21.18or less, a listing of each product and a current label for each product must be submitted
21.19annually on forms provided by the commissioner and accompanied by an annual fee of
21.20$100 for each product in lieu of the inspection fee. This annual fee is due by July 1. The
21.21inspection fee required by paragraph (a) applies to specialty pet food distributed in packages
21.22exceeding ten pounds.
21.23(d) (c) The minimum inspection fee is $75 per annual reporting period.

21.24    Sec. 37. Minnesota Statutes 2016, section 25.39, subdivision 1a, is amended to read:
21.25    Subd. 1a. Containers of ten pounds or less. A distributor who is subject to the annual
21.26fee specified in subdivision 1, paragraph (b) or (c), shall must do the following:
21.27(1) before beginning distribution, file register with the commissioner a listing of the pet
21.28and specialty pet foods to be distributed in the state only in containers of ten pounds or less,
21.29on forms provided by the commissioner. The listing registration under this clause must be
21.30renewed annually on or before July 1 June 30 and is the basis for the payment of the annual
21.31fee. New products added during the year must be submitted to the commissioner as a
21.32supplement to the annual listing registration before distribution; and
22.1(2) if the annual renewal of the listing registration is not received or postmarked on or
22.2before July 1 June 30 or if an unlisted unregistered product is distributed, pay a late filing
22.3fee of $100 per product in addition to the normal charge for the listing registration. The late
22.4filing fee under this clause is in addition to any other penalty under this chapter.

22.5    Sec. 38. Minnesota Statutes 2016, section 25.39, subdivision 2, is amended to read:
22.6    Subd. 2. Annual statement. A person who is liable for the payment of a fee under this
22.7section shall must file with the commissioner on forms furnished by the commissioner an
22.8annual statement setting forth the number of net tons of commercial feeds distributed in
22.9this state during the calendar year. The report is due by on or before the 31st of each January
22.10following the year of distribution. The inspection fee at the rate specified in subdivision 1
22.11must accompany the statement. For each tonnage report not filed with the commissioner or
22.12payment of inspection fees not made on time received by the commissioner on or before
22.13January 31 or postmarked on or before January 31, a penalty of ten percent of the amount
22.14due, with a minimum penalty of $10, must be assessed against the license holder, and the
22.15amount of fees due, plus penalty, is a debt and may be recovered in a civil action against
22.16the license holder. The assessment of this penalty does not prevent the department from
22.17taking other actions as provided in this chapter.

22.18    Sec. 39. Minnesota Statutes 2016, section 25.39, subdivision 3, is amended to read:
22.19    Subd. 3. Records. Each person required to pay an inspection fee or to report in accordance
22.20with this section shall must keep records, as determined by the commissioner, accurately
22.21detailing the tonnage of commercial feed distributed in this state. Records upon which the
22.22tonnage is based must be maintained for six years and made available to the commissioner
22.23for inspection, copying, and audit. A person who is located outside of this state must maintain
22.24and make available records required by this section in this state or pay all costs incurred in
22.25auditing of the records at another location. Unless required for the enforcement of this
22.26chapter, the information in the records required by this subdivision is private or nonpublic.

22.27    Sec. 40. Minnesota Statutes 2016, section 25.40, subdivision 2, is amended to read:
22.28    Subd. 2. Notice; public comment. Before the issuance, amendment, or repeal of any
22.29rule authorized by sections 25.31 to 25.43, the commissioner shall publish the proposed
22.30rule, amendment, or notice to repeal an existing rule in a manner reasonably calculated to
22.31give interested parties, including all current license holders, adequate notice and shall afford
22.32all interested persons an opportunity to present their views orally or in writing, within a
22.33reasonable period of time. After consideration of all views presented by interested persons,
23.1the commissioner shall take appropriate action to issue the proposed rule or to amend or
23.2repeal an existing rule. The provisions of this subdivision notwithstanding, if the
23.3commissioner, pursuant to the authority of sections 25.31 to 25.43, adopts the official
23.4definitions of feed ingredients or and official feed terms as adopted by the Association of
23.5American Feed Control Officials, any amendment or modification adopted by the association
23.6shall be is adopted automatically under sections 25.31 to 25.43 without regard to the
23.7publication of the notice required by this subdivision unless the commissioner, by order
23.8specifically determines that the amendment or modification shall not be adopted.

23.9    Sec. 41. Minnesota Statutes 2016, section 25.41, subdivision 1, is amended to read:
23.10    Subdivision 1. Authorization; limitation. For the purpose of enforcement of sections
23.1125.31 to 25.43, and associated rules, in order to determine whether the provisions have been
23.12complied with, including whether or not any operations may be subject to such provisions,
23.13officers or employees duly designated by the commissioner or the commissioner's agent,
23.14upon presenting appropriate credentials, and a written notice to the owner, operator, or agent
23.15in charge, are authorized:
23.16(1) to enter, during normal business hours, any factory, warehouse, or establishment
23.17within the state in which commercial feeds are manufactured, processed, packed, or held
23.18for distribution, or to enter any vehicle being used to transport or hold such feeds; and
23.19(2) to inspect at reasonable times, within reasonable limits, and in a reasonable manner,
23.20such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and
23.21unfinished materials, containers, and labeling therein. The inspection may include the
23.22verification of records and production and control procedures related to the manufacture,
23.23distribution, storage, handling, or disposal of commercial feed as may be necessary to
23.24determine compliance with this chapter.

23.25    Sec. 42. Minnesota Statutes 2016, section 25.41, subdivision 2, is amended to read:
23.26    Subd. 2. Notification; promptness. A separate notice shall must be given for each
23.27inspection, but a notice shall is not be required for each entry made during the period covered
23.28by the inspection. Each inspection shall be commenced must begin and be completed with
23.29reasonable promptness. Upon completion of the inspection, the owner, operator, or agent
23.30in charge of the facility or vehicle shall must be so notified.

24.1    Sec. 43. Minnesota Statutes 2016, section 25.41, subdivision 3, is amended to read:
24.2    Subd. 3. Receipt for samples. If the officer or employee commissioner or the
24.3commissioner's agent making such inspection of a factory, warehouse, or other establishment
24.4has obtained a sample in the course of the inspection, upon completion of the inspection
24.5and prior to leaving the premises the officer or employee commissioner or the commissioner's
24.6agent shall give to the owner, operator, or agent in charge a receipt describing the samples
24.7obtained.

24.8    Sec. 44. Minnesota Statutes 2016, section 25.41, subdivision 5, is amended to read:
24.9    Subd. 5. Entry of premises. For the purpose of the enforcement of sections 25.31 to
24.1025.43 , the commissioner or the commissioner's duly designated agent is authorized to enter
24.11upon any public or private premises including any vehicle of transport during regular business
24.12hours to have access to, and to obtain samples, and to examine and copy records relating
24.13to distribution of commercial feeds.

24.14    Sec. 45. Minnesota Statutes 2016, section 25.41, subdivision 7a, is amended to read:
24.15    Subd. 7a. Manufacturer's report of investigation. If the inspection and analysis of an
24.16official sample indicates that a commercial feed has been adulterated or misbranded, the
24.17person whose name appears on the label of the indicated commercial feed as guarantor shall
24.18must provide a manufacturer's report of investigation to the commissioner within 30 days
24.19following the receipt of the official analysis.

24.20    Sec. 46. Minnesota Statutes 2016, section 25.42, is amended to read:
24.2125.42 DETAINED COMMERCIAL FEEDS.
24.22    Subdivision 1. Withdrawal from distribution order. When the commissioner or the
24.23commissioner's authorized agent has reasonable cause to believe any lot of commercial feed
24.24is being distributed in violation of any of the provisions of sections 25.31 to 25.43 or of any
24.25of the prescribed rules under sections 25.31 to 25.43, the commissioner or the commissioner's
24.26agent may issue and enforce a written or printed "withdrawal from distribution" order,
24.27warning the distributor not to dispose of the lot of commercial feed in any manner until
24.28written permission is given by the commissioner or the court. The commissioner shall release
24.29the lot of withdrawn commercial feed so withdrawn when said provisions and sections 25.31
24.30to 25.43 and associated rules have been complied with. If compliance is not obtained within
24.3130 days, the commissioner may begin, or upon request of the distributor or license holder
24.32shall begin, proceedings for condemnation.
25.1    Subd. 2. Seizure; disposition. Any lot of commercial feed not in compliance with said
25.2provisions and sections 25.31 to 25.43 and associated rules shall be is subject to seizure on
25.3complaint of the commissioner to the district court of the county in which said the commercial
25.4feed is located. In the event the court finds the commercial feed to be in violation of sections
25.525.31 to 25.43 and orders the condemnation of said the commercial feed, it shall the
25.6commercial feed must be disposed of in any a manner consistent with the quality of the
25.7commercial feed and the laws of the state; provided, that in no instance, shall the disposition
25.8of said the commercial feed be ordered by the court without first giving the claimant an
25.9opportunity to apply to the court for release of said the commercial feed or for permission
25.10to process or relabel said the commercial feed to bring it into compliance with sections
25.1125.31 to 25.43.

25.12    Sec. 47. Minnesota Statutes 2016, section 25.43, is amended to read:
25.1325.43 PENALTIES.
25.14    Subdivision 1. Misdemeanor. Any person convicted of violating any of the provisions
25.15of sections 25.31 to 25.43 or who shall impede, hinder impedes, hinders, or otherwise prevent
25.16prevents, or attempt attempts to prevent, said the commissioner or duly authorized the
25.17commissioner's agent in performance of a duty in connection with the provisions of sections
25.1825.31 to 25.43, shall be is guilty of a misdemeanor.
25.19    Subd. 2. Minor violations. Nothing in sections 25.31 to 25.43 shall be construed as
25.20requiring the commissioner or the commissioner's representative agent to: (1) report for
25.21prosecution, or (2) institute seizure proceedings, or (3) issue a withdrawal from distribution
25.22order, as a result of minor violations of sections 25.31 to 25.43, or when the commissioner
25.23or representative the commissioner's agent believes the public interest will best be served
25.24by suitable notice of warning in writing.
25.25    Subd. 3. County attorney duties. Each county attorney to whom any violation is reported
25.26shall must cause appropriate proceedings to be instituted and prosecuted in the district court
25.27or other court of competent jurisdiction without delay. Before the commissioner reports a
25.28violation for such prosecution, an opportunity shall must be given the distributor to present
25.29views to the commissioner.
25.30    Subd. 4. Injunction. The commissioner may apply to the district court for a temporary
25.31or permanent injunction restraining any person from violating or continuing to violate any
25.32of the provisions of sections 25.31 to 25.43 or any associated rule promulgated under the
25.33act notwithstanding the existence of other remedies at law.
26.1    Subd. 5. Notice of appeal. (a) Any person adversely affected by an act, order, citation,
26.2or ruling made pursuant to the provisions of sections 25.31 to 25.43 may seek judicial review
26.3in accordance with chapter 14. has 30 days from receipt of the citation or order to notify
26.4the commissioner in writing that the person intends to contest the citation or order through
26.5a hearing. The hearing request must identify the order or citation being contested and state
26.6the grounds for contesting it.
26.7(b) If the person fails to notify the commissioner that the person intends to contest the
26.8citation or order, the citation or order is final and not subject to further judicial or
26.9administrative review.
26.10    Subd. 6. Administrative review. If a person notifies the commissioner that the person
26.11intends to contest a citation or order issued under this chapter, the Office of Administrative
26.12Hearings shall conduct a hearing according to the applicable provisions of chapter 14 for
26.13hearings in contested cases and final decisions are subject to judicial review as provided in
26.14chapter 14.

26.15    Sec. 48. Minnesota Statutes 2016, section 27.04, is amended to read:
26.1627.04 APPLICATION FOR LICENSE.
26.17    Subdivision 1. Issuance. The commissioner shall issue a wholesale produce dealer's
26.18license to engage in the business of a dealer at wholesale to persons submitting an application,
26.19paying the prescribed fee, and complying with the conditions in this section.
26.20    Subd. 2. Application contents. (a) The application must be in writing, accompanied by
26.21the prescribed fee, and state:
26.22(1) the place or places where the applicant intends to carry on the business for which
26.23the license is desired;
26.24(2) the estimated amount of business to be done monthly;
26.25(3) the amount of business done during the preceding year, if any;
26.26(4) the full names of the persons constituting the firm for a partnership, and for a
26.27corporation the names of the officers of the corporation and where incorporated; and
26.28(5) a financial statement showing the value and character of the assets and the amount
26.29of liabilities of the applicant;
26.30(6) the income and expenses for the most recent year;
27.1(7) the names and addresses of all shareholders who own at least five percent of a
27.2corporate applicant's shares of stock;
27.3(8) whether the applicant or any of its officers, partners, or agents have been involved
27.4in any litigation relating to the business of a wholesale produce dealer in the previous five
27.5years; and
27.6(9) (5) any other information relevant to the conduct of its business as a wholesale
27.7produce dealer in the previous five years, as the commissioner may require.
27.8(b) If a contract is used in a transaction, a copy of the contract must also be filed with
27.9the commissioner.
27.10(c) Financial data required of an applicant under this section is classified as private data
27.11with regard to data on individuals and as nonpublic data with regard to data not on individuals
27.12under section 13.02.
27.13    Subd. 3. Filing. Applications shall be filed annually.

27.14    Sec. 49. Minnesota Statutes 2016, section 27.041, subdivision 1, is amended to read:
27.15    Subdivision 1. Bonds. (a) The applicant required to be bonded shall execute and file
27.16with the commissioner a surety bond to the state of Minnesota to be approved by the
27.17commissioner, the amount, form, and effective date to be determined by the commissioner
27.18with the maximum not to exceed $1,000,000. In lieu of the surety bond, the commissioner
27.19may accept a duly executed letter of credit. Before a wholesale produce dealer's license is
27.20issued, the applicant for the license must file with the commissioner a bond in a penal sum
27.21prescribed by the commissioner but not less than the following amounts:
27.22(1) $5,000 for wholesale produce dealers whose monthly purchases are $35,000 or less;
27.23(2) $10,000 for wholesale produce dealers whose monthly purchases are more than
27.24$35,000 but not more than $75,000;
27.25(3) $15,000 for wholesale produce dealers whose monthly purchases are more than
27.26$75,000 but not more than $100,000;
27.27(4) $25,000 for wholesale produce dealers whose monthly purchases are more than
27.28$100,000 but not more than $250,000;
27.29(5) $50,000 for wholesale produce dealers whose monthly purchases are more than
27.30$250,000 but not more than $500,000;
28.1(6) $100,000 for wholesale produce dealers whose monthly purchases are more than
28.2$500,000 but not more than $750,000;
28.3(7) $175,000 for wholesale produce dealers whose monthly purchases are more than
28.4$750,000 but not more than $1,000,000;
28.5(8) $250,000 for wholesale produce dealers whose monthly purchases are more than
28.6$1,000,000 but not more than $2,500,000;
28.7(9) $500,000 for wholesale produce dealers whose monthly purchases are more than
28.8$2,500,000 but not more than $10,000,000;
28.9(10) $750,000 for wholesale produce dealers whose monthly purchases are more than
28.10$10,000,000 but not more than $25,000,000; and
28.11(11) $1,000,000 for wholesale produce dealers whose gross annual purchases exceed
28.12$25,000,000.
28.13(b) A wholesale produce dealer who has filed a bond with the commissioner before July
28.141, 2016, is not required to increase the amount of the bond to comply with this section until
28.15July 1, 2017. The commissioner may postpone an increase in the amount of the bond until
28.16July 1, 2018, if a licensee demonstrates that the increase will impose undue financial hardship
28.17on the licensee, and that producers will not be harmed as a result of the postponement. The
28.18commissioner may impose other restrictions on a licensee whose bond increase has been
28.19postponed. The amount of the bond shall be based on the amount purchased or contracted
28.20for from Minnesota farmers and other Minnesota dealers for produce during the previous
28.2112 months.
28.22(c) A first-time applicant for a wholesale produce dealer's license shall file a $10,000
28.23bond with the commissioner. This bond shall remain in effect for the first year of the license.
28.24Thereafter, the licensee shall comply with the applicable bonding requirements in paragraph
28.25(a), clauses (1) to (11).
28.26(d) In lieu of the bond required by this subdivision, the applicant may deposit with the
28.27commissioner of management and budget cash; a certified check; a cashier's check; a postal,
28.28bank, or express money order; assignable bonds or notes of the United States; an assignment
28.29of a bank savings account or investment certificate; or an irrevocable bank letter of credit
28.30as defined in section 336.5-102, in the same amount as would be required for a bond.
28.31(e) Bonds must be continuous until canceled. To cancel a bond, a surety must provide
28.3260 days' written notice of the bond's termination date to the licensee and the commissioner.
29.1(f) The bond or letter of credit shall be conditioned on the faithful performance of the
29.2applicant's duties as a dealer at wholesale, including:
29.3(1) the observance of all laws relating to the carrying on of the business of a dealer at
29.4wholesale;
29.5(2) payment when due, unless it appears to the commissioner that a voluntary extension
29.6of credit has been given on the produce by the seller to the licensee beyond the due date;
29.7(3) the prompt settlement and payment of all claims and charges due the state for services
29.8rendered or otherwise;
29.9(4) the prompt reporting of sales as required by law to all persons consigning produce
29.10to the licensee for sale on commission; and
29.11(5) the prompt payment to the persons entitled thereto of the proceeds of the sales, less
29.12lawful charges, disbursements, and commissions.
29.13(b) (g) The bond shall cover all wholesale produce business subject to the protection
29.14outlined in section 27.001 which is:
29.15(1) transacted within this state; or
29.16(2) transacted in part within this state and in part within the states and provinces
29.17contiguous with this state and sold by Minnesota sellers.
29.18(h) Wholesale produce dealers who are retail merchants shall be required to file a bond
29.19under paragraph (a) based on the dollar amount of produce purchased directly from farmers.

29.20    Sec. 50. Minnesota Statutes 2016, section 28A.21, subdivision 6, is amended to read:
29.21    Subd. 6. Expiration. This section expires June 30, 2017 2027.

29.22    Sec. 51. Minnesota Statutes 2016, section 31A.02, subdivision 4, is amended to read:
29.23    Subd. 4. Animals. "Animals" means cattle, swine, sheep, goats, poultry, farmed Cervidae,
29.24as defined in section 35.153, subdivision 3, llamas, as defined in section 17.455, subdivision
29.252 , Ratitae, as defined in section 17.453, subdivision 3, horses, equines, and other large
29.26domesticated animals.

29.27    Sec. 52. Minnesota Statutes 2016, section 32C.02, subdivision 2, is amended to read:
29.28    Subd. 2. Facility design; development and operation. The authority may enter into
29.29management contracts, lease agreements, or both, with a Minnesota nonprofit corporation
29.30to design, develop, and operate a facility to further the purposes of this chapter at the site
30.1determined by the board and on the terms that the board finds desirable. The board must
30.2identify and acquire a site that will accommodate, where practicable, the following facilities
30.3and activities:
30.4(1) housing for bred and lactating animals;
30.5(2) milking parlor;
30.6(3) automatic milking systems;
30.7(4) cross-ventilated and natural-ventilated housing;
30.8(5) transition cow housing;
30.9(6) special needs and hospital housing;
30.10(7) classrooms and a conference room;
30.11(8) dairy processing facility with retail;
30.12(9) visitors' center;
30.13(10) student housing;
30.14(11) laboratory facilities;
30.15(12) space to accommodate installation of an anaerobic digester system to research
30.16energy production from feedstock produced on site or from off-site sources; and
30.17(13) space for feed storage to allow for research capabilities at the facility.
30.18Notwithstanding the provisions of section 32C.01, subdivision 7, relating to conflict of
30.19interest, a director or officer of the authority who is also a director, officer, or member of
30.20a nonprofit corporation with which the authority enters into management contracts or lease
30.21agreements may participate in and vote on the decision of the board as to the terms and
30.22conditions of management contracts or lease agreements between the Minnesota nonprofit
30.23corporation and the authority.

30.24    Sec. 53. Minnesota Statutes 2016, section 32C.06, is amended to read:
30.2532C.06 EXPIRATION.
30.26If by August 1, 2017 2020, the authority board has not identified and acquired a site for
30.27a facility, as provided in section 32C.02, subdivision 2, sections 32C.01 to 32C.05 and this
30.28section are repealed on that date. The Department of Agriculture shall notify the revisor of
30.29statutes if the repealer under this section becomes effective.

31.1    Sec. 54. Minnesota Statutes 2016, section 34A.01, subdivision 1, is amended to read:
31.2    Subdivision 1. Applicability. The definitions in this section and chapters 28, 28A, 29,
31.330, 31, 31A, 32 32D, and 34 apply to this chapter. The definitions in this section apply to
31.4chapter 32 32D.

31.5    Sec. 55. Minnesota Statutes 2016, section 41B.03, subdivision 2, is amended to read:
31.6    Subd. 2. Eligibility for restructured loan. In addition to the eligibility requirements
31.7of subdivision 1, a prospective borrower for a restructured loan must:
31.8(1) have received at least 50 percent of average annual gross income from farming for
31.9the past three years or, for homesteaded property, received at least 40 percent of average
31.10gross income from farming in the past three years, and farming must be the principal
31.11occupation of the borrower;
31.12(2) have projected annual expenses, including operating expenses, family living, and
31.13interest expenses after the restructuring, that do not exceed 95 percent of the borrower's
31.14projected annual income considering prior production history and projected prices for farm
31.15production, except that the authority may reduce the 95 percent requirement if it finds that
31.16other significant factors in the loan application support the making of the loan;
31.17(3) demonstrate substantial difficulty in meeting projected annual expenses without
31.18restructuring the loan; and
31.19(4) have a total net worth, including assets and liabilities of the borrower's spouse and
31.20dependents, of less than $660,000 in 2004 $1,700,000 in 2017 and an amount in subsequent
31.21years which is adjusted for inflation by multiplying that amount by the cumulative inflation
31.22rate as determined by the United States All-Items Consumer Price Index.

31.23    Sec. 56. Minnesota Statutes 2016, section 41B.03, subdivision 3, is amended to read:
31.24    Subd. 3. Eligibility for beginning farmer loans. (a) In addition to the requirements
31.25under subdivision 1, a prospective borrower for a beginning farm loan in which the authority
31.26holds an interest, must:
31.27(1) have sufficient education, training, or experience in the type of farming for which
31.28the loan is desired;
31.29(2) have a total net worth, including assets and liabilities of the borrower's spouse and
31.30dependents, of less than $350,000 in 2004 $800,000 in 2017 and an amount in subsequent
32.1years which is adjusted for inflation by multiplying that amount by the cumulative inflation
32.2rate as determined by the United States All-Items Consumer Price Index;
32.3(3) demonstrate a need for the loan;
32.4(4) demonstrate an ability to repay the loan;
32.5(5) certify that the agricultural land to be purchased will be used by the borrower for
32.6agricultural purposes;
32.7(6) certify that farming will be the principal occupation of the borrower;
32.8(7) agree to participate in a farm management program approved by the commissioner
32.9of agriculture for at least the first three years of the loan, if an approved program is available
32.10within 45 miles from the borrower's residence. The commissioner may waive this requirement
32.11for any of the programs administered by the authority if the participant requests a waiver
32.12and has either a four-year degree in an agricultural program or certification as an adult farm
32.13management instructor; and
32.14(8) agree to file an approved soil and water conservation plan with the Natural Resources
32.15Conservation Service office in the county where the land is located.
32.16(b) If a borrower fails to participate under paragraph (a), clause (7), the borrower is
32.17subject to penalty as determined by the authority.

32.18    Sec. 57. Minnesota Statutes 2016, section 41B.043, subdivision 5, is amended to read:
32.19    Subd. 5. Total net worth limit. A prospective borrower for an agricultural improvement
32.20loan in which the authority holds an interest must have a total net worth, including assets
32.21and liabilities of the borrower's spouse and dependents, of less than $350,000 in 2004
32.22$800,000 in 2017 and an amount in subsequent years which is adjusted for inflation by
32.23multiplying that amount by the cumulative inflation rate as determined by the United States
32.24All-Items Consumer Price Index.

32.25    Sec. 58. Minnesota Statutes 2016, section 41B.045, subdivision 2, is amended to read:
32.26    Subd. 2. Loan participation. The authority may participate in a livestock expansion
32.27loan with an eligible lender to a livestock farmer who meets the requirements of section
32.2841B.03, subdivision 1 , clauses (1) and (2), and who are actively engaged in a livestock
32.29operation. A prospective borrower must have a total net worth, including assets and liabilities
32.30of the borrower's spouse and dependents, of less than $660,000 in 2004 $1,700,000 in 2017
32.31and an amount in subsequent years which is adjusted for inflation by multiplying that amount
33.1by the cumulative inflation rate as determined by the United States All-Items Consumer
33.2Price Index.
33.3Participation is limited to 45 percent of the principal amount of the loan or $525,000,
33.4whichever is less. The interest rates and repayment terms of the authority's participation
33.5interest may be different from the interest rates and repayment terms of the lender's retained
33.6portion of the loan.

33.7    Sec. 59. Minnesota Statutes 2016, section 41C.02, subdivision 12, is amended to read:
33.8    Subd. 12. Low or moderate net worth. "Low or moderate net worth" means:
33.9(1) for an individual, an aggregate net worth of the individual and the individual's spouse
33.10and minor children of less than $350,000 in 2004 $800,000 in 2017 and an amount in
33.11subsequent years which is adjusted for inflation by multiplying that amount by the cumulative
33.12inflation rate as determined by the United States All-Items Consumer Price Index; or
33.13(2) for a partnership, an aggregate net worth of all partners, including each partner's net
33.14capital in the partnership, and each partner's spouse and minor children of less than twice
33.15the amount set for an individual in clause (1). However, the aggregate net worth of each
33.16partner and that partner's spouse and minor children may not exceed the amount set for an
33.17individual in clause (1).

33.18    Sec. 60. Minnesota Statutes 2016, section 116V.01, subdivision 1, is amended to read:
33.19    Subdivision 1. Establishment. The Agricultural Utilization Research Institute is
33.20established as a nonprofit corporation under section 501(c)(3) of the Internal Revenue Code
33.21of 1986, as amended. The Agricultural Utilization Research Institute shall conduct onsite
33.22and applied research, promote the establishment of new products and product uses and the
33.23expansion of existing markets for the state's agricultural commodities and products, including
33.24direct financial and technical assistance for Minnesota entrepreneurs. The institute must
33.25establish or maintain facilities and work with private and public entities to leverage the
33.26resources available to achieve maximum results for Minnesota agriculture.

33.27    Sec. 61. Minnesota Statutes 2016, section 116V.01, subdivision 2, is amended to read:
33.28    Subd. 2. Board of directors. The board of directors of the Agricultural Utilization
33.29Research Institute is comprised of:
33.30(1) the chairs of the senate and the house of representatives standing committees with
33.31jurisdiction over agriculture finance or the chair's designee;
34.1(2) two representatives of statewide farm organizations;
34.2(3) two representatives of agribusiness; and
34.3(4) three representatives of the commodity promotion councils; and
34.4(5) two at-large representatives.

34.5    Sec. 62. Minnesota Statutes 2016, section 116V.01, subdivision 3, is amended to read:
34.6    Subd. 3. Duties. (a) The Agricultural Utilization Research Institute shall:
34.7    (1) identify development opportunities for agricultural products;
34.8    (2) implement a program that identifies techniques to meet those opportunities;
34.9    (3) monitor and coordinate research among the public and private organizations and
34.10individuals specifically addressing procedures to transfer new technology to businesses,
34.11farmers, and individuals;
34.12    (4) provide research grants to public and private educational institutions and other
34.13organizations that are undertaking basic and applied research to promote the development
34.14of emerging agricultural industries;
34.15    (5) assist organizations and individuals with market analysis and product marketing
34.16implementations;
34.17    (6) (5) to the extent possible earn and receive revenue from contracts, patents, licenses,
34.18royalties, grants, fees-for-service, and memberships;
34.19    (7) (6) work with the Department of Agriculture, the United States Department of
34.20Agriculture, the Department of Employment and Economic Development, and other agencies
34.21to maximize marketing opportunities locally, nationally, and internationally; and
34.22    (8) (7) leverage available funds from federal, state, and private sources to develop new
34.23markets and value added opportunities for Minnesota agricultural products.
34.24    (b) The Agricultural Utilization Research Institute board of directors shall have the sole
34.25approval authority for establishing agricultural utilization research priorities, requests for
34.26proposals to meet those priorities, awarding of grants, hiring and direction of personnel,
34.27and other expenditures of funds consistent with the adopted and approved mission and goals
34.28of the Agricultural Utilization Research Institute. The actions and expenditures of the
34.29Agricultural Utilization Research Institute are subject to audit. The institute shall annually
34.30report by February 1 to the senate and house of representatives standing committees with
34.31jurisdiction over agricultural policy and funding. The report must list projects initiated,
35.1progress on projects, and financial information relating to expenditures, income from other
35.2sources, and other information to allow the committees to evaluate the effectiveness of the
35.3institute's activities.
35.4    (c) The Agricultural Utilization Research Institute shall convene a Renewable Energy
35.5Roundtable, the purpose of which shall be to further the state's leadership on bioenergy
35.6issues.
35.7    (i) The Renewable Energy Roundtable shall consist of one representative appointed by
35.8the commissioner of the Minnesota Department of Agriculture, one appointed by the
35.9commissioner of the Minnesota Department of Commerce, one appointed by the chancellor
35.10of the Minnesota State Colleges and Universities, and one appointed by the president of the
35.11University of Minnesota. The appointees must have expertise relevant to bioenergy.
35.12    (ii) The board shall oversee the activities and shall provide staff to assist the Renewable
35.13Energy Roundtable.
35.14    (iii) The Renewable Energy Roundtable will engage professionals and experts from
35.15private, government, academic, and nonprofit entities across the state to identify bioenergy
35.16opportunities and collaborate with a broad group of interested parties to identify future
35.17alternative courses of action the state can take to sustain a long-term competitive position
35.18in renewable energy through the year 2025. The Renewable Energy Roundtable will consult,
35.19advise, and review projects and initiatives funded by the state as directed by the
35.20administration and the legislature.

35.21    Sec. 63. Minnesota Statutes 2016, section 116V.01, subdivision 4, is amended to read:
35.22    Subd. 4. Staff. The board of directors shall hire staff an executive director for the
35.23Agricultural Utilization Research Institute. Persons employed by the Agricultural Utilization
35.24Research Institute are not state employees and may participate in state retirement, deferred
35.25compensation, insurance, or other plans that apply to state employees generally and are
35.26subject to regulation by the state Campaign Finance and Public Disclosure Board.

35.27    Sec. 64. Minnesota Statutes 2016, section 116V.01, subdivision 7, is amended to read:
35.28    Subd. 7. Bylaws. The board of directors shall adopt bylaws necessary for the conduct
35.29of the business of the institute consistent with this section. The corporation must publish
35.30bylaws and amendments to the bylaws in the State Register on the board's Web site.

36.1    Sec. 65. Minnesota Statutes 2016, section 116V.01, subdivision 10, is amended to read:
36.2    Subd. 10. Meetings. The board of directors shall meet at least twice each year and may
36.3hold additional meetings upon giving notice in accordance with the bylaws of the institute.
36.4Board meetings are subject to chapter 13D, except section 13D.01, subdivision 6, as it
36.5pertains to financial information, business plans, income and expense projections, customer
36.6lists, market and feasibility studies, and trade secret information as defined by section 13.37,
36.7subdivision 1 , paragraph (b). For the purposes of section 13D.015, the board of directors is
36.8a state board.

36.9    Sec. 66. Minnesota Statutes 2016, section 116V.01, subdivision 11, is amended to read:
36.10    Subd. 11. Conflict of interest. A director, employee, or officer of the institute may not
36.11participate in advocate for or vote on a decision of the board relating to an organization in
36.12which the director, employee, or officer has either a direct or indirect financial interest.

36.13    Sec. 67. Minnesota Statutes 2016, section 116V.01, subdivision 13, is amended to read:
36.14    Subd. 13. Funds. The institute may accept and use gifts, grants, or contributions from
36.15any source. Unless otherwise restricted by the terms of a gift or bequest, the board may sell,
36.16exchange, or otherwise dispose of and invest or reinvest the money, securities, or other
36.17property given or bequested to it. The principal of these funds, the income from them, and
36.18all other revenues received by it from any nonstate source must be placed in the depositories
36.19the board determines and is are subject to expenditure for the board's purposes. Receipts
36.20and expenditures of more than $25,000 $50,000 must be approved by the full board.

36.21    Sec. 68. Minnesota Statutes 2016, section 116V.01, subdivision 14, is amended to read:
36.22    Subd. 14. Accounts; audits. The institute may establish funds and accounts that it finds
36.23convenient. The board shall provide for and pay the cost of an independent annual audit of
36.24its official books and records by the legislative auditor subject to sections 3.971 and 3.972.
36.25In addition, the board shall provide and pay for the cost of an annual financial audit of its
36.26official books and records by an independent audit firm. A copy of this the annual financial
36.27audit shall be filed with the secretary of state Office of the Attorney General, Charities
36.28Division.
36.29For purposes of this section, "institute" means the Agricultural Utilization Research
36.30Institute established under this section and "board of directors" means the board of directors
36.31of the Agricultural Utilization Research Institute.

37.1    Sec. 69. Minnesota Statutes 2016, section 223.17, subdivision 8, is amended to read:
37.2    Subd. 8. Bond disbursement. (a) The bond required under subdivision 4 shall provide
37.3for payment of loss caused by the grain buyer's failure to pay, upon the owner's demand,
37.4the purchase price of grain sold to the grain buyer in the manner provided by subdivision
37.55, including loss caused by failure to pay within the time required. The bond shall be
37.6conditioned upon the grain buyer being duly licensed as provided herein.
37.7(b) The commissioner shall promptly determine the validity of all claims filed and notify
37.8the claimants of the determination. An aggrieved party may appeal the commissioner's
37.9determination by requesting, within 15 days, that the commissioner initiate a contested case
37.10proceeding. In the absence of such a request, or following the issuance of a final order in a
37.11contested case, the surety company shall issue payment promptly to those claimants entitled
37.12to payment. The commissioner may apply to the district court for an order appointing a
37.13trustee or receiver to manage and supervise the operations of the grain buyer in default. The
37.14commissioner may participate in any resulting court proceeding as an interested party.
37.15(c) If a grain buyer has become liable to more than one producer by reason of breaches
37.16of the conditions of the bond and the amount of the bond is insufficient to pay the entire
37.17liability to all producers entitled to the protection of the bond, the proceeds of the bond shall
37.18be apportioned among the bona fide claimants.
37.19(d) The bond shall not be cumulative from one licensing period to the next. The maximum
37.20liability of the bond shall be its face value for the licensing period.
37.21(e) The bond disbursement shall occur 200 days from the date the commissioner publishes
37.22a public notice of a claim. At the end of this time period, the commissioner shall initiate
37.23bond payments on all valid claims received by the commissioner.

37.24    Sec. 70. Minnesota Statutes 2016, section 232.22, subdivision 7, is amended to read:
37.25    Subd. 7. Bond disbursement. (a) The bond of a public grain warehouse operator must
37.26be conditioned that the public grain warehouse operator issuing a grain warehouse receipt
37.27is liable to the depositor for the delivery of the kind, grade and net quantity of grain called
37.28for by the receipt.
37.29(b) Upon notification of default, the commissioner shall determine the validity of all
37.30claims and notify all parties having filed claims. Any aggrieved party may appeal the
37.31commissioner's determination by requesting, within 15 days, that the commissioner initiate
37.32a contested case proceeding. In the absence of such a request, or following the issuance of
37.33a final order in a contested case, the surety company shall issue payment to those claimants
38.1entitled to payment. If the commissioner determines it is necessary, the commissioner may
38.2apply to the district court for an order appointing a trustee or receiver to manage and supervise
38.3the operations of the grain warehouse operator in default. The commissioner may participate
38.4in any resulting court proceeding as an interested party.
38.5(c) For the purpose of determining the amount of bond disbursement against all valid
38.6claims under a condition one bond, all grain owned or stored in the public grain warehouse
38.7shall be sold and the combined proceeds deposited in a special fund. Payment shall be made
38.8from the special fund satisfying the valid claims of grain warehouse receipt holders.
38.9(d) If a public grain warehouse operator has become liable to more than one depositor
38.10or producer by reason of breaches of the conditions of the bond and the amount of the bond
38.11is insufficient to pay, beyond the proceeds of the special fund, the entire liability to all valid
38.12claimants, the proceeds of the bond and special fund shall be apportioned among the valid
38.13claimants on a pro rata basis.
38.14(e) A bond is not cumulative from one licensing period to the next. The maximum
38.15liability of the bond shall be its face value for the licensing period.
38.16(f) The bond disbursement shall occur 200 days from the date the commissioner publishes
38.17a public notice of a claim. At the end of this time period, the commissioner shall initiate
38.18bond payments on all valid claims received by the department.

38.19    Sec. 71. REVISOR'S INSTRUCTION.
38.20The revisor of statutes shall renumber Minnesota Statutes, section 18B.01, subdivision
38.219a, to Minnesota Statutes, section 18B.01, subdivision 9d, and correct any cross-references
38.22related to the renumbering.

38.23    Sec. 72. REPEALER.
38.24Minnesota Statutes 2016, sections 18B.01, subdivisions 10a, 10b, and 22a; 18B.285;
38.2525.371, subdivisions 1, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15; and 41D.01, subdivision
38.264, are repealed.

38.27ARTICLE 2

38.28DAIRY LAW REORGANIZATION

38.29    Section 1. Minnesota Statutes 2016, section 13.6435, subdivision 8, is amended to read:
39.1    Subd. 8. Dairy products. Financial and production information obtained by the
39.2commissioner of agriculture to administer chapter 32 32D are classified under section 32.71,
39.3subdivision 2 32D.25, subdivision 2.

39.4    Sec. 2. [32D.01] DEFINITIONS.
39.5    Subdivision 1. Scope. The definitions in this section apply to this chapter.
39.6    Subd. 2. Adulterated. "Adulterated" means an item is covered by section 34A.02.
39.7    Subd. 3. Cheese. "Cheese" includes all varieties of cheese, cheese spreads, cheese foods,
39.8cheese compounds, or processed cheese made or manufactured in whole or in part from
39.9milk.
39.10    Subd. 4. Commissioner. "Commissioner" means the commissioner of agriculture.
39.11    Subd. 5. Dairy farm. "Dairy farm" means a place or premises where one or more lactating
39.12animals, including cows, goats, sheep, water buffalo, camels, or other hoofed mammals,
39.13are kept, and from which all or a portion of the milk produced at the place or premises is
39.14delivered, sold, or offered for sale.
39.15    Subd. 6. Dairy plant. "Dairy plant" means any place where a dairy product is
39.16manufactured, processed, or handled and includes milk-receiving stations, creameries,
39.17cheese factories, condenseries, milk plants, transfer stations, and marketing organizations
39.18that purchase milk and cream directly from producers for resale and other establishments,
39.19as those terms are used in this chapter and chapters 17, 27, and 31; but does not include any
39.20place where dairy products are not processed but sold at whole or retail only.
39.21    Subd. 7. Dairy product. "Dairy product" means milk as defined by Code of Federal
39.22Regulations, title 21, cream, any product or by-product of either, or any commodity among
39.23the principal constituents or ingredients of which is one or a combination of two or more
39.24of them, as determined by standards, grades, or rules adopted by the commissioner.
39.25    Subd. 8. Fluid milk products. "Fluid milk products" means yogurt, cream, sour cream,
39.26half and half, reconstituted half and half, concentrated milk, concentrated milk products,
39.27skim milk, nonfat milk, chocolate flavored milk, chocolate flavored dairy drink, chocolate
39.28flavored reconstituted milk, chocolate flavored reconstituted dairy drink, buttermilk, cultured
39.29buttermilk, cultured milk, vitamin D milk, reconstituted or recombined milk, reconstituted
39.30cream, reconstituted skim milk, homogenized milk, and any other fluid milk product made
39.31by the addition of any substance to milk or to any of the fluid milk products enumerated
39.32under this subdivision or by rule adopted by the commissioner.
40.1    Subd. 9. Goat milk. "Goat milk" means a whole, fresh, clean lacteal secretion free from
40.2colostrum, obtained by the complete milking of one or more healthy goats.
40.3    Subd. 10. Milk. "Milk" means the normal lacteal secretion, practically free of colostrum,
40.4obtained by the milking of one or more healthy hoofed mammals. Hoofed mammals include
40.5but are not limited to cattle, water buffalo, sheep, goats, yaks, and camels.
40.6    Subd. 11. Milk for manufacturing purposes. "Milk for manufacturing purposes" means
40.7milk produced for processing and manufacturing into products for human consumption but
40.8not subject to Grade A or comparable requirements.
40.9    Subd. 12. Milk-receiving station. "Milk-receiving station" means a dairy plant where
40.10raw milk for pasteurization or for manufacture is received, handled, or prepared for
40.11processing or for resale as unpasteurized milk or fluid milk products.
40.12    Subd. 13. Minnesota farmstead cheese. "Minnesota farmstead cheese" means cheese
40.13manufactured in Minnesota on the same farm that the milk used in its manufacturing is
40.14produced.
40.15    Subd. 14. Misbranded or misbranding. "Misbranded" or "misbranding" means an item
40.16is covered by section 34A.03.
40.17    Subd. 15. Pasteurization or pasteurized. (a) "Pasteurization," "pasteurized," and similar
40.18terms mean:
40.19(1) the process of heating every particle of milk or dairy product in properly operated
40.20equipment approved by the commissioner to a temperature of at least 145 degrees Fahrenheit
40.21and holding the temperature for at least 30 minutes;
40.22(2) the process of heating every particle of milk or dairy product in properly operated
40.23equipment approved by the commissioner to a temperature of at least 161 degrees Fahrenheit
40.24and holding the temperature for at least 15 seconds; or
40.25(3) the process of heating every particle of milk or dairy product in properly operated
40.26equipment approved by the commissioner to the temperatures and holding for the times as
40.27the commissioner may prescribe by rule, containing standards more stringent than those
40.28imposed by this subdivision.
40.29(b) Nothing in this subdivision shall be construed as excluding any other process that
40.30has been demonstrated to be equally efficient and is approved by the commissioner.
40.31    Subd. 16. Recombinant bovine growth hormone or rBGH. "Recombinant bovine
40.32growth hormone" or "rBGH" means a growth hormone intended for use in bovine animals
41.1that has been produced through recombinant DNA techniques, described alternately as
41.2recombinant bovine somatotropin or rBST.

41.3    Sec. 3. [32D.02] INSPECTION AUTHORITY AND DUTIES.
41.4    Subdivision 1. Enforcement. The commissioner is charged with the enforcement of this
41.5chapter.
41.6    Subd. 2. Power and authority. For the purpose of enforcing this chapter, the
41.7commissioner and the commissioner's assistants, agents, and employees have the power
41.8and authority granted under sections 31.02 to 31.171.
41.9    Subd. 3. Inspection of dairies. At times the commissioner determines proper, the
41.10commissioner shall inspect all places where dairy products are made, stored, or served as
41.11food for purchase, and all places where hoofed mammals are kept by persons engaged in
41.12the sale of milk, and shall require the correction of all unsanitary conditions and practices.
41.13    Subd. 4. Refusal of inspection. A refusal or physical threat that prevents the completion
41.14of an inspection or neglect to obey a lawful direction of the commissioner or the
41.15commissioner's agent given while carrying out this section may result in the suspension of
41.16the offender's permit or certification or other enforcement as deemed appropriate by the
41.17commissioner. The offender is required to meet with a representative of the offender's plant
41.18or marketing organization and a representative of the commissioner within 48 hours of
41.19receiving notice, excluding holidays or weekends, or the suspension or enforcement action
41.20shall take effect. A producer may request a hearing before the commissioner or the
41.21commissioner's agent if a serious concern exists relative to the retention of the offender's
41.22permit or certification to sell milk.
41.23    Subd. 5. Inspection service. To ensure compliance with the laws and rules governing
41.24the production, handling, processing, and sale of milk and dairy products, the commissioner
41.25is authorized, through a duly trained and qualified milk inspector, to inspect milk and milk
41.26products and the premises and plants where milk and milk products are produced, handled,
41.27and processed. Inspection services must acquaint the processor and producers with the
41.28requirements for a Grade A or manufacturing grade milk supply for preliminary inspection
41.29to determine if a processor has brought the processor's farms and plants to the state of
41.30compliance that qualifies the processor's products for the Grade A or manufacturing grade
41.31label, and for continuous inspection to ensure that a farm or plant and all products from a
41.32farm or plant are in compliance with this chapter.
42.1    Subd. 6. Field service. Grade A or manufacturing grade processors shall provide a
42.2continuous field service to assist producers who sell their milk to the processor's plant to
42.3attain and maintain compliance with this chapter. A person who performs field service must
42.4first obtain a permit from the commissioner. A person desiring to secure a permit must apply
42.5on a form provided by the commissioner, and before a permit is issued the commissioner
42.6shall determine that the applicant is competent and qualified to perform field service. The
42.7permit is not transferable to another person and may be revoked for due cause after the
42.8holder of the permit has been given the opportunity for a hearing. The permit holder must
42.9be given a notice in writing of the time and place of the hearing at least seven days before
42.10the date of the hearing.
42.11    Subd. 7. Enforcement standards. The standards in this chapter and rules adopted under
42.12this chapter by the commissioner shall be the only standards for use in Minnesota. No
42.13municipality or other subdivision of state government shall provide, by ordinance, more
42.14stringent or comprehensive standards than are contained in this chapter and rules adopted
42.15by the commissioner under this chapter.
42.16    Subd. 8. Rules. (a) The commissioner shall by rule adopt identity, production, and
42.17processing standards for both Grade A and manufacturing grade milk and dairy products.
42.18(b) In the exercise of the authority to establish requirements for Grade A milk and milk
42.19products, the commissioner adopts definitions, standards of identity, and requirements for
42.20production and processing contained in the most current version of the Grade A Pasteurized
42.21Milk Ordinance, and its associated documents, of the United States Department of Health
42.22and Human Services in a manner provided for and not in conflict with law.
42.23(c) Producers of milk, other than Grade A, shall conform to the standards contained in
42.24subparts B, C, D, E, and F of the United States Department of Agriculture Agricultural
42.25Marketing Service Recommended Requirements for Milk for Manufacturing Purposes and
42.26its Production and Processing, except that the commissioner shall develop methods by which
42.27producers are able to comply with the standards without violation of religious beliefs.
42.28    Subd. 9. Certified industry inspection. Industry personnel may be certified to perform
42.29any inspection, to the extent allowed by federal law and provided that performance of the
42.30inspections is consistent with rules adopted in subdivision 8.
42.31    Subd. 10. Fees; dairy services account. (a) All fees and penalties collected under this
42.32chapter shall be deposited into the dairy services account in the agricultural fund and used
42.33for the purposes of administering this chapter.
43.1(b) Unless otherwise noted, all fees are payable by a processor or marketing organization
43.2and are invoiced on July 1 of each year for Grade A and January 1 of each year for
43.3manufacturing grade, and if not paid within 30 days of the due date, inspection service may
43.4be discontinued. If a farm discontinues the production of milk within six months of the
43.5billing date, a request for a refund based on inspection services not received may be made
43.6by the processor or by the marketing organization on behalf of its patrons. This request must
43.7be made in writing by June 30 for manufacturing grade or by December 31 for Grade A.
43.8Upon approval by the commissioner, refunds must be made to the processor or marketing
43.9organization.

43.10    Sec. 4. [32D.03] BULK MILK HAULER AND SAMPLER LICENSE.
43.11    Subdivision 1. License requirement. A person collecting milk from a dairy farm and
43.12transporting the milk by bulk pickup and not in individual containers from farm to plant
43.13must obtain a bulk milk hauler and sampler license.
43.14    Subd. 2. Application. A person desiring to secure a bulk milk hauler and sampler license
43.15must apply on a form provided by the commissioner. Before the license is issued, the
43.16commissioner shall determine that the applicant is competent and qualified.
43.17    Subd. 3. Term of license; transferability. An initial bulk milk hauler and sampler
43.18license issued by the commissioner expires on the following December 31 and is not
43.19transferable. A renewal bulk milk hauler and sampler license is not transferable, is valid for
43.20two years, and expires on December 31 of the second year.
43.21    Subd. 4. Fees and penalties. The fee for an initial or renewal bulk milk hauler and
43.22sampler license is $60. The fee shall be paid to the commissioner before the commissioner
43.23issues an initial or renewal bulk milk hauler and sampler license. If a bulk milk hauler and
43.24sampler license renewal is not applied for on or before January 1, a fee of $30 shall be
43.25imposed. A person who does not renew a bulk milk hauler and sampler license within one
43.26year following its December 31 expiration date, except those persons who do not renew the
43.27bulk milk hauler and sampler license while engaged in active military service, shall be
43.28required to prove competency and qualification pursuant to section 32D.07 before a bulk
43.29milk hauler and sampler license is issued. The commissioner may require any other person
43.30who renews a bulk milk hauler and sampler license to prove competency and qualification
43.31in the same manner.
43.32    Subd. 5. Suspension or cancellation. The commissioner is empowered to conduct
43.33enforcement action, suspend, or cancel any bulk milk hauler and sampler license pursuant
43.34to section 34A.06.

44.1    Sec. 5. [32D.04] MILK TANK TRUCKS.
44.2All farm bulk milk pickup tankers, milk transports, and tankers used to transport milk
44.3products must be inspected and obtain a permit issued by the commissioner at least once
44.4every 12 months. The owner or operator must pay a $25 permit fee per tanker to the
44.5commissioner. The commissioner may appoint a person the commissioner deems qualified
44.6to make inspections.

44.7    Sec. 6. [32D.05] GRADE A DAIRY FARM PERMITTING; WATER WELL
44.8DISTANCE REQUIREMENT.
44.9(a) No milk producer may sell or distribute milk from a dairy farm as Grade A milk
44.10without a valid Grade A dairy farm permit issued by the commissioner.
44.11(b) A dairy farmer who wishes to be permitted to produce Grade A milk may not be
44.12denied the Grade A permit solely because of provisions in rules adopted by the commissioner
44.13requiring a minimum distance between a water well and dairy farm. To be eligible for a
44.14Grade A permit, the following conditions must be met:
44.15(1) the water well must have been in place prior to January 1, 1974;
44.16(2) the water well must comply with all other rules applicable to the well, other than the
44.17distance requirement; and
44.18(3) water from the well must be tested at least once every 12 months. More frequent
44.19testing may be required in compliance with guidelines established by the commissioner if
44.20water test results fail to meet water quality requirements.

44.21    Sec. 7. [32D.06] GRADE A DAIRY FARM INSPECTION; FEES.
44.22(a) As provided in section 32D.02, subdivision 4, the commissioner shall provide
44.23inspection service to any milk producer who wishes to market Grade A milk and is in
44.24compliance with the requirement for the production of Grade A milk. Grade A inspections
44.25shall be completed at least once every six months.
44.26(b) The fee for inspections must be no more than $50 per farm, paid annually by the
44.27processor or by the marketing organization on behalf of its patrons.
44.28(c) For a farm requiring a reinspection in addition to the required biannual inspections,
44.29an additional fee must be paid by the processor or by the marketing organization on behalf
44.30of its patrons. The fee for reinspection of a farm with fewer than 100 hoofed milk-producing
45.1animals is $60 per reinspection. The fee for reinspection of a farm with 100 or more hoofed
45.2milk-producing animals is $150 per reinspection.

45.3    Sec. 8. [32D.07] MANUFACTURING GRADE DAIRY FARM CERTIFICATION.
45.4A producer who wishes to sell milk for manufacturing purposes must obtain from the
45.5commissioner an annual Grade B farm certification.

45.6    Sec. 9. [32D.08] MANUFACTURING GRADE DAIRY FARM INSPECTION; FEES.
45.7(a) A producer selling milk for manufacturing purposes must be inspected at least once
45.8every 12 months.
45.9(b) The fee for the certification inspection must not be more than $25 per producer, to
45.10be paid annually by the processor or the marketing organization on behalf of its patrons.
45.11(c) For a producer requiring more than one inspection for certification, a reinspection
45.12fee of $45 must be paid by the processor or by the marketing organization on behalf of its
45.13patrons.

45.14    Sec. 10. [32D.09] DAIRY PLANT LICENSING AND PERMITTING.
45.15    Subdivision 1. Licensing. A dairy plant must obtain a license as required under section
45.1628A.04.
45.17    Subd. 2. Permitting. No person shall operate a dairy plant in this state unless the dairy
45.18plant, equipment, and water supply and plumbing system have been first approved by the
45.19commissioner and a permit issued to operate the same. A permit may be revoked by the
45.20commissioner for due cause pursuant to section 34A.06.
45.21    Subd. 3. Approval. At the time of filing the application for a permit, the applicant shall
45.22submit to the commissioner duplicate floor plans of the plant that show the placement of
45.23equipment, the source of water supply and method of distribution, a detailed pasteurization
45.24flow chart, and the location of the plumbing system, including the disposal of wastes. New
45.25construction or alteration of an existing dairy plant shall be made only with the approval of
45.26the commissioner and duplicate plans for the construction or alteration shall be submitted
45.27to the commissioner for approval. The fee for approval services is $45 per hour of department
45.28staff time spent in the approval process.
45.29    Subd. 4. Farmstead cheese. (a) The commissioner or the commissioner's designee shall
45.30issue an additional permit to a dairy plant that desires to use the name "Minnesota farmstead
46.1cheese" upon application made by the dairy plant for use of the name, provided the cheese
46.2meets the definition in section 32D.01, subdivision 13.
46.3(b) No cheese or packaged cheese that is sold, offered or exposed for sale, or held in
46.4possession with intent to sell at either retail or wholesale in this state may be labeled or
46.5described as "Minnesota farmstead cheese" unless it meets the criteria in section 32D.01,
46.6subdivision 13, and the manufacturer has obtained the designated permit.

46.7    Sec. 11. [32D.10] INSPECTIONS.
46.8(a) Inspections of Grade A plants must be completed at least once every three months.
46.9A pasteurization plant requesting Grade A inspection must pay an annual inspection fee of
46.10no more than $500.
46.11(b) Inspections of manufacturing plants that process milk or milk products other than
46.12Grade A must be completed at least once every six months. A manufacturing plant that
46.13pasteurizes milk or milk by-products must pay an annual fee based on the number of
46.14pasteurization units. The fee must not exceed $140 per unit.

46.15    Sec. 12. [32D.11] PROCUREMENT FEE.
46.16A dairy plant operator in this state must pay to the commissioner on or before the 18th
46.17of each month a fee of 1.1 cents per hundredweight of milk purchased the previous month.
46.18If a milk producer in this state ships milk out of the state for sale, the producer must pay
46.19the fee to the commissioner unless the purchaser voluntarily pays the fee. Producers who
46.20ship milk out of state and processors must submit to the commissioner monthly reports
46.21related to milk purchases along with the appropriate procurement fee. The commissioner
46.22shall have access to all relevant purchase or sale records as necessary to verify compliance
46.23with this section and may require the producer or purchaser to produce records as necessary
46.24to determine compliance.

46.25    Sec. 13. [32D.12] SELECTED PRODUCTS FEE.
46.26(a) A manufacturer must pay to the commissioner a fee for fluid milk processed and
46.27milk used in the manufacture of fluid milk products sold for retail sale in Minnesota in an
46.28amount not less than five cents and not more than nine cents per hundredweight as set by
46.29the commissioner's order. No change within any 12-month period may be in excess of one
46.30cent per hundredweight.
46.31(b) A processor must report quantities of milk processed under paragraph (a) on forms
46.32provided by the commissioner. Processor fees must be paid monthly. The commissioner
47.1may require the production of records as necessary to determine compliance with this
47.2paragraph.
47.3(c) The commissioner may create within the department a dairy consulting program to
47.4provide assistance to dairy producers who are experiencing problems meeting the sanitation
47.5and quality requirements of the dairy laws and rules. The commissioner may use money
47.6appropriated from the dairy services account to pay for the program authorized in this
47.7paragraph.

47.8    Sec. 14. [32D.13] MILK QUALITY STANDARDS.
47.9    Subdivision 1. Visible adulteration or odors. Milk shall not be visibly adulterated, or
47.10have any objectionable odor, or be abnormal in appearance or consistency.
47.11    Subd. 2. Grade A raw milk. (a) The bacterial count of Grade A raw milk from producers
47.12must not exceed 100,000 bacteria per milliliter prior to commingling with other producer
47.13milk.
47.14(b) After commingling with other producer milk, the bacteria count must not exceed
47.15300,000 per milliliter prior to pasteurization.
47.16    Subd. 3. Grade A pasteurized milk and fluid milk products. (a) The bacterial count
47.17of Grade A pasteurized milk and fluid milk products, at any time after pasteurization until
47.18delivery, must not exceed 20,000 bacteria per milliliter.
47.19(b) The coliform count of Grade A pasteurized milk and fluid milk products must not
47.20exceed ten bacteria per milliliter except that bulk tank transport shipments must not exceed
47.21100 per milliliter.
47.22    Subd. 4. Raw milk, other than Grade A. The bacterial count of raw milk from producers
47.23must not exceed 500,000 bacteria per milliliter prior to commingling with other producer
47.24milk.
47.25    Subd. 5. Pasteurized milk, other than Grade A. The bacterial count of pasteurized
47.26milk other than Grade A pasteurized milk, at any time after pasteurization until delivery,
47.27must not exceed 20,000 bacteria per milliliter.
47.28    Subd. 6. Exceptions. Bacterial count standards do not apply to sour cream, cultured
47.29buttermilk, and other cultured fluid milk products.
47.30    Subd. 7. Rules and standards. The commissioner may prescribe standards and rules
47.31adopted in accordance with law more stringent than those imposed by this section.
48.1    Subd. 8. Somatic cell count. (a) The somatic cell count, as determined by a direct
48.2microscopic somatic cell count or an electronic somatic cell count, must not exceed 750,000
48.3cells per milliliter for Grade A raw milk and raw milk other than Grade A. Notwithstanding
48.4any federal standard, the somatic cell count of goat milk must not exceed 1,500,000 cells
48.5per milliliter.
48.6(b) The commissioner may prescribe standards and rules adopted in accordance with
48.7law more stringent than those imposed by this subdivision.
48.8    Subd. 9. Temperature. If milk is received or collected from a dairy farm more than two
48.9hours after the most recent milking, the temperature of the milk shall not exceed 45 degrees
48.10Fahrenheit (7 degrees Celsius). If the milk consists of a blend of milk from two or more
48.11milkings, and the milk is received or collected less than two hours after the most recent
48.12milking, the blend temperature shall not exceed 50 degrees Fahrenheit (10 degrees Celsius).
48.13    Subd. 10. Industry enforcement. A dairy plant is not required to reject milk shipments
48.14in response to a violation of subdivisions 2 to 9 unless the commissioner suspends or revokes
48.15the dairy plant permit or milk producer's Grade A permit or manufacturing grade certification.

48.16    Sec. 15. [32D.14] OFFICIAL PRODUCER SAMPLES.
48.17(a) An official producer sample for each producer must be analyzed for bacteria, somatic
48.18cell count, temperature, and antibiotic residues at least once per month in four out of every
48.19six months. Official producer samples must be collected and analyzed without providing
48.20the producer with prior notification of the sampling date.
48.21(b) Official producer sample results must be inclusive of all animals from which milk
48.22is collected and sold on the day of sampling.
48.23(c) Official producer sample results must be collected by a licensed sampler.

48.24    Sec. 16. [32D.15] MONTHLY REPORTING.
48.25(a) In at least four out of every six months, the dairy plant that procures milk from the
48.26producer must report to the commissioner at least one representative test result for bacteria,
48.27somatic cell count, temperature, and antibiotic residues. The result shall be reported within
48.28seven days after the laboratory obtains the test results.
48.29(b) A laboratory that performs the tests required under this section for a dairy plant may
48.30report the test results for the dairy plant.
49.1(c) A dairy plant or laboratory shall report test results under this section in an electronic
49.2form approved by the department or using an approved alternative.

49.3    Sec. 17. [32D.16] ENFORCEMENT.
49.4The commissioner shall suspend a producer's permit or certification if three of the last
49.5five official producer samples exceed the applicable standard. The commissioner shall
49.6provide warning of a pending suspension when two of the last four producer samples exceed
49.7the applicable standard.

49.8    Sec. 18. [32D.17] LABORATORY CERTIFICATION.
49.9(a) A laboratory and its methods are required to be approved or certified prior to testing
49.10Grade A milk samples. The results of approved or certified laboratories may be used by
49.11official regulatory agencies in enforcement of requirements for milk and milk products. The
49.12approval or certification remains valid unless suspended or revoked by the commissioner
49.13for failure to comply with the requirements of this chapter.
49.14(b) Certified or approved laboratories must receive a permit from the commissioner.
49.15The permit remains valid without renewal unless suspended or revoked by the commissioner
49.16for failure to comply with the requirements of this chapter.
49.17(c) Satisfactory analytical procedures and results for split samples, the nature, number,
49.18and frequency of which shall be in accordance with rules established by the commissioner,
49.19shall be required of a certified laboratory for retention of its certification and permit.
49.20(d) An application for initial certification or biennial recertification, or for recertification
49.21following suspension or revocation of a permit, shall be accompanied by an annual fee
49.22based on the number of analyses approved and the number of specific tests for which they
49.23are approved. The fee must not be less than $150 nor more than $200 for each analysis
49.24approved and not less than $35 nor more than $50 for each test approved. The commissioner
49.25may annually adjust assessments within the limits established by this subdivision to meet
49.26the cost recovery of the services required by this section.

49.27    Sec. 19. [32D.18] MILK BOUGHT BY WEIGHT; TESTING METHODS.
49.28    Subdivision 1. Milk fat, protein, and solids not fat bases of payment; tests. (a) Milk
49.29must be purchased from producers using a formula based on one or more of the following:
49.30(1) payment of a standard rate with uniform differentials for milk testing above or below
49.313.5 percent milk fat;
50.1(2) payment of a standard rate for the pounds of milk fat contained in the milk;
50.2(3) payment of a standard rate for the pounds of protein contained in the milk;
50.3(4) payment of a standard rate for the pounds of nonfat solids contained in the milk; or
50.4(5) payment of standard rates based on other attributes of value in the milk.
50.5(b) In addition, an adjustment may be made on the basis of milk quality and other
50.6premiums. Testing procedures for determining the percentages of milk fat, protein, and
50.7nonfat solids must comply with the methods approved by the Association of Analytical
50.8Chemists or be as adopted by rule.
50.9    Subd. 2. Apparatus to conform to specifications. Glassware, test bottles, pipettes, acid
50.10measures, chemicals, scales, and other apparatus used in the operation of these tests shall
50.11conform to the specifications for the particular test method.
50.12    Subd. 3. Penalties for violations. A person who:
50.13(1) employs any test other than those tests authorized by rule adopted by the
50.14commissioner, or any methods other than the standard official methods for determining the
50.15milk fat content of milk or cream;
50.16(2) incorrectly samples milk or cream purchased or sold;
50.17(3) incorrectly weighs milk or cream purchased or sold;
50.18(4) incorrectly grades milk or cream purchased or sold;
50.19(5) makes a false entry of the weight, test result, or grade of any milk or cream purchased
50.20or sold;
50.21(6) incorrectly samples, weighs, tests, or records or reports weights or tests of skim milk
50.22or buttermilk purchased or sold;
50.23(7) underreads the tests;
50.24(8) falsifies the reading of the tests;
50.25(9) manipulates the reading of the tests; or
50.26(10) falsely states, certifies, or uses in the purchase or sale of milk or cream a misreading
50.27of such tests, whether the tests or actual reading have been made by the person or by any
50.28other person,
50.29is guilty of a misdemeanor.

51.1    Sec. 20. [32D.19] ADULTERATED DAIRY PRODUCTS.
51.2    Subdivision 1. Purchase and sale prohibition. A person may not sell or knowingly
51.3buy adulterated dairy products.
51.4    Subd. 2. Manufacture of food for human consumption from adulterated milk or
51.5cream prohibited. An article of food for human consumption may not be manufactured
51.6from adulterated milk or cream, except as provided in the Federal Food, Drug, and Cosmetic
51.7Act, United States Code, title 21, section 301 et seq., and related federal regulations.
51.8    Subd. 3. Adulterated milk. For purposes of this section, milk is adulterated if it:
51.9(1) is drawn in a filthy or unsanitary place;
51.10(2) is drawn from unhealthy or diseased animals;
51.11(3) contains water in excess of that normally found in milk;
51.12(4) contains a substance that is not a normal constituent of the milk except as allowed
51.13in this chapter; or
51.14(5) contains drug residues or other chemical or biological substances in amounts above
51.15the tolerances or safe levels established by rule.
51.16    Subd. 4. Drug residues. (a) Before processing milk, all bulk milk pickup tankers must
51.17be tested for the presence of beta lactam drug residues and for other residues as determined
51.18necessary by the commissioner. Milk received from a producer in other than a bulk milk
51.19pickup tanker is also subject to this section.
51.20(b) Bulk milk tankers that confirm positive for beta lactam drug residues or other residues
51.21must follow up with producer sample testing of all producers contained on the positive load.
51.22(c) Individual producer samples must be tested for the presence of beta lactam drug
51.23residues at least once a month for four out of every six-month period. Results of these tests
51.24must be reported to the commissioner as official producer sample results using established
51.25electronic reporting procedures.
51.26(d) Drug residue testing methods must be those approved by the Food and Drug
51.27Administration (FDA) and the National Conference of Interstate Milk Shipments or listed
51.28in the FDA's current version of M-a-85.
51.29(e) All drug residue samples testing positive must be reported to the commissioner or
51.30the commissioner's designee within 24 hours. The report must include how and where the
51.31milk was disposed of, and the volume, the responsible producer, and the possible cause of
51.32the violative residue. All milk sample residue results must be recorded and retained for six
52.1months by the receiving plant for examination by the commissioner or the commissioner's
52.2designee.
52.3    Subd. 5. Penalties. (a) The permit or certification of a milk producer identified as having
52.4a positive drug residue is immediately suspended. The producer must not ship milk while
52.5the permit or certification is suspended.
52.6(b) The producer's permit or certification may be reinstated after being sampled by the
52.7commissioner or the commissioner's designee and testing negative on the sample.
52.8(c) A milk producer may not change plants within 30 days, without permission of the
52.9commissioner, after receiving notification from the commissioner of a residue violation.
52.10(d) The producer that is identified with the drug residue violation is responsible for the
52.11value of all milk on any load that tests positive for drug residues and any costs associated
52.12with its disposal. Payment shall be made to the purchaser of the milk.
52.13(e) For the first and second violation within a 12-month period, the dairy producer must,
52.14within 30 days of the date of the residue:
52.15(1) meet with the dairy inspector to review potential causes of the adulteration; and
52.16(2) complete the designated drug residue prevention educational program with a licensed
52.17veterinarian and submit the signed certificate to the commissioner.
52.18(f) Failure to comply with the requirements for the first and second violation listed in
52.19paragraph (e) may result in suspension of the producer's permit or certification until the
52.20conditions in paragraph (e) are met.
52.21(g) For the third or subsequent violation within a 12-month period, the commissioner
52.22may initiate proceedings for further enforcement action, that may include a penalty of up
52.23to a 30-day permit or certification suspension. In lieu of a suspension, the producer may be
52.24assessed an administrative penalty of up to $1,000 or the value of milk sold during the
52.25intended suspension period.
52.26    Subd. 6. Other forms of adulteration. A milk producer who violates subdivision 3 is
52.27subject to any of the following penalties:
52.28(1) the permit or certification of a milk producer identified as having adulterated milk
52.29is immediately suspended. The producer may not ship milk while the permit or certification
52.30is suspended;
53.1(2) the producer that is identified with the adulterated milk violation is responsible for
53.2the value of all milk on any load that is contaminated by the adulterant and any costs
53.3associated with its disposal. Payment shall be made to the purchaser of the milk;
53.4(3) the producer's permit or certification may be reinstated after the commissioner receives
53.5adequate verification that the milk is no longer adulterated; and
53.6(4) the commissioner may, after evaluation of the severity and repetitive nature of the
53.7adulteration, initiate additional enforcement action in the form of permit or certification
53.8suspension for up to 30 days or in lieu of suspension, an administrative penalty of up to
53.9$1,000, or the value of the milk sold during the intended suspension period for each violation.
53.10    Subd. 7. Civil penalty. A person other than a milk producer who causes milk to be
53.11adulterated is subject to a civil penalty of up to $1,000.
53.12    Subd. 8. Appeals. A dairy producer may appeal an adulteration violation by sending
53.13written notice to the commissioner within ten days of receipt of the notice of a violation.
53.14The appeal must contain a description of why the producer wishes to appeal the violation.

53.15    Sec. 21. [32D.20] LIMITATION ON SALE.
53.16    Subdivision 1. Pasteurization. No milk or fluid milk products shall be sold, offered or
53.17exposed for sale, or held in possession for sale for the purpose of human consumption in
53.18fluid form in this state unless the milk or fluid milk product has been pasteurized and cooled,
53.19as defined in section 32D.01, subdivision 15, provided that this section shall not apply to
53.20milk, cream, or skim milk occasionally secured or purchased for personal use by a consumer
53.21at the place or farm where the milk is produced.
53.22    Subd. 2. Labels. (a) Pasteurized milk or fluid milk products offered or exposed for sale
53.23or held in possession for sale shall be labeled or otherwise designated as pasteurized milk
53.24or pasteurized fluid milk products, and in the case of fluid milk products the label shall also
53.25state the name of the specific product.
53.26(b) Milk and dairy products must be labeled with the plant number where the product
53.27was produced, or if produced in a state where official plant numbers are not assigned, the
53.28name of the manufacturer and the address of the plant where it was manufactured.

53.29    Sec. 22. [32D.21] COOLING AFTER PASTEURIZATION.
53.30Immediately following pasteurization, all milk and fluid milk products shall be cooled
53.31in properly operated equipment approved by the commissioner to a temperature of 45 degrees
53.32Fahrenheit or lower, and maintained at 45 degrees Fahrenheit or lower until delivered;
54.1provided, however, that if the milk or fluid milk product is to be cultured immediately after
54.2pasteurization, then cooling may be delayed until after the culturing process is completed;
54.3provided further that the commissioner may prescribe by rule standards more stringent than
54.4those imposed by this section.

54.5    Sec. 23. [32D.22] MANUFACTURE OF CHEESE; REQUIREMENTS IN PROCESS.
54.6No person, firm, or corporation shall manufacture, transport, sell, offer, or expose for
54.7sale or have in possession with intent to sell at retail to a consumer any cheese that has not
54.8been (1) manufactured from milk or milk products that have been pasteurized; (2) subjected
54.9to a heat treatment equivalent to pasteurization during the process of manufacturing or
54.10processing; or (3) subjected to an aging process where it has been kept for at least 60 days
54.11after manufacture at a temperature no lower than 35 degrees Fahrenheit.

54.12    Sec. 24. [32D.23] RECOMBINANT BOVINE GROWTH HORMONE LABELING.
54.13    Subdivision 1. Labeling. Products offered for wholesale or retail sale in this state that
54.14contain milk, cream, or any product or by-product of milk or cream that have been processed
54.15and handled pursuant to this section may be labeled with an rBGH statement that is not
54.16false or misleading and in accordance with the federal labeling standards. Products offered
54.17for wholesale or retail sale in this state need not contain any further label information relative
54.18to the use of rBGH in milk production.
54.19    Subd. 2. Affidavit; records. (a) A dairy plant purchasing milk or cream to be used in
54.20products labeled with rBGH claims pursuant to subdivision 1 must provide an affidavit
54.21from each producer that states that all cows used in the producer's dairy operations have
54.22not and will not be treated with rBGH, without advanced written notice of at least 30 days.
54.23(b) The affidavit must be signed by the producer or authorized representative. Affidavits
54.24must be kept on file for not less than two years after receiving written notice that rBGH use
54.25status will change.
54.26(c) If a plant chooses to process and handle only milk or milk products sourced from
54.27cows who have not been treated with rBGH, the plant, as an alternative to providing
54.28individual producer affidavits, may provide one affidavit to certify that the plant has
54.29procedures in place to verify that all producers are not using rBGH. A copy of the written
54.30procedure that describes this verification process must also be provided with the plant
54.31affidavit.
55.1(d) All affidavits and corresponding records must be available for inspection by the
55.2commissioner.
55.3(e) Dairy plants supplying milk or cream to a processor or manufacturer of a product to
55.4be labeled pursuant to subdivision 1, for use in that product, shall supply a certification to
55.5that processor or manufacturer stating that producers of the supplied milk or cream have
55.6executed and delivered affidavits pursuant to this subdivision.
55.7    Subd. 3. Separation of nontreated cows and milk. Milk or cream from
55.8non-rBGH-treated cows used in manufacturing or processing of products labeled pursuant
55.9to subdivision 1 must be kept fully separate from any other milk or cream through all stages
55.10of storage, transportation, and processing until the milk or resulting dairy products are in
55.11final packaged form in a properly labeled container. Records of the separation must be kept
55.12by the dairy plant and product processor or manufacturer at all stages and made available
55.13to the commissioner for inspection.

55.14    Sec. 25. [32D.24] DAIRY TRADE PRACTICES; DEFINITIONS.
55.15    Subdivision 1. Application. The definitions in this section apply to sections 32D.24 to
55.1632D.28.
55.17    Subd. 2. Basic cost. (a) "Basic cost," for a processor, means the actual cost of the raw
55.18milk plus 75 percent of the actual processing and handling costs for a selected class I or
55.19class II dairy product.
55.20(b) Basic cost, for a wholesaler, means the actual cost of the selected class I or class II
55.21dairy product purchased from the processor or another wholesaler.
55.22(c) Basic cost, for a retailer, means the actual cost of the selected class I or class II dairy
55.23product purchased from a processor or wholesaler.
55.24    Subd. 3. Bona fide charity. "Bona fide charity" means a corporation, trust, fund, or
55.25foundation organized and operated exclusively for religious, charitable, scientific, literary,
55.26or educational purposes.
55.27    Subd. 4. Processor. "Processor" means a person engaged in manufacturing or processing
55.28selected class I or class II dairy products in the person's own plant for sale in Minnesota.
55.29    Subd. 5. Producer. "Producer" means a person who operates a dairy herd or herds in
55.30Minnesota producing milk or cream commercially and whose milk or cream is sold to, or
55.31received or handled by, a distributor or processor. Producer does not include an incorporated
55.32or unincorporated association of producers.
56.1    Subd. 6. Responsible person. "Responsible person" means the business entity that
56.2makes payment to an individual Grade A or Grade B milk producer.
56.3    Subd. 7. Selected class I dairy products. "Selected class I dairy products" means milk
56.4for human consumption in fluid form and all other class I dairy products as defined by the
56.5Upper Midwest Milk Marketing Order, Code of Federal Regulations, title 7, part 1030.40,
56.6or successor orders.
56.7    Subd. 8. Selected class II dairy products. "Selected class II dairy products" means
56.8milk for human consumption processed into fluid cream, eggnog, yogurt, and all other class
56.9II dairy products as defined by the Upper Midwest Milk Marketing Order, Code of Federal
56.10Regulations, title 7, part 1030.40, or successor orders.
56.11    Subd. 9. Sell at retail; sale at retail; retail sales. "Sell at retail," "sale at retail," or
56.12"retail sales" means a retail sale or offer for retail sale of a selected class I or class II dairy
56.13product for ultimate consumption or use.
56.14    Subd. 10. Sell at wholesale; sale at wholesale; wholesale sales. "Sell at wholesale,"
56.15"sale at wholesale," or "wholesale sales" means sale or offer for sale of a selected class I
56.16dairy product for purposes of resale or further processing or manufacturing but does not
56.17include a producer selling or delivering milk to a processor.
56.18    Subd. 11. Wholesaler. "Wholesaler" means a person including a distributor in the
56.19business of making sales of selected class I or class II dairy products at wholesale in
56.20Minnesota. In the case of a person making sales at both retail and wholesale, wholesaler
56.21applies only to the sales at wholesale.

56.22    Sec. 26. [32D.25] DUTIES AND POWERS OF COMMISSIONER; DATA PRIVACY.
56.23    Subdivision 1. Duties; rules. The commissioner shall adopt rules to implement and
56.24administer sections 32D.24 to 32D.28.
56.25    Subd. 2. Data privacy. Financial and production information received by the
56.26commissioner on processors, wholesalers, or retailers, including but not limited to financial
56.27statements, fee reports, price schedules, cost documentation, books, papers, records, or other
56.28documentation for the purpose of administration and enforcement of this chapter is classified
56.29private data or nonpublic data pursuant to chapter 13. The classification shall not limit the
56.30use of the information in the preparation, institution, or conduct of a legal proceeding by
56.31the commissioner in enforcing this chapter.

57.1    Sec. 27. [32D.26] SALES BELOW COST PROHIBITED; EXCEPTIONS.
57.2    Subdivision 1. Policy; processors; wholesalers; retailers. (a) It is the intent of the
57.3legislature to accomplish partial deregulation of milk marketing with a minimum negative
57.4impact on small-volume retailers.
57.5(b) A processor or wholesaler may not sell or offer for sale selected class I or class II
57.6dairy products at a price lower than the processor's or wholesaler's basic cost.
57.7(c) A retailer may not sell or offer for sale selected class I or class II dairy products at
57.8a retail price lower than (1) 105 percent of the retailer's basic cost until June 30, 1994; and
57.9(2) the retailer's basic cost beginning July 1, 1994, and thereafter. A retailer may not use
57.10any method or device in the sale or offer for sale of a selected dairy product that results in
57.11a violation of this section.
57.12    Subd. 2. Exceptions. The minimum processor, wholesaler, and retailer prices of
57.13subdivision 1 do not apply:
57.14(1) to a sale complying with section 325D.06;
57.15(2) to a retailer giving away selected class I and class II dairy products for free if the
57.16customer is not required to make a purchase; or
57.17(3) to a processor, wholesaler, or retailer giving away selected class I and class II dairy
57.18products for free or at a reduced cost to a bona fide charity.

57.19    Sec. 28. [32D.27] REDRESS FOR INJURY OR THREATENED INJURY.
57.20A person injured by a violation of sections 32D.24 to 32D.28 may commence a legal
57.21action based on the violation in a court of competent jurisdiction and may recover economic
57.22damages and the costs of the action, including reasonable attorney fees. A person injured
57.23or who is threatened with injury or loss by reason of violation of sections 32D.24 to 32D.28
57.24may commence a legal action based on the violation and obtain injunctive relief in a court
57.25of competent jurisdiction against persons involved in a violation or threatened violation of
57.26sections 32D.24 to 32D.28 to prevent and restrain violations or threatened violations of
57.27sections 32D.24 to 32D.28 without alleging or proving actual damages or that an adequate
57.28remedy at law does not exist, so that injunctive relief can be obtained promptly and without
57.29awaiting evidence of injury or actual damage. The injunctive relief does not abridge and is
57.30not in lieu of any other civil remedy provided in sections 32D.24 to 32D.28.

58.1    Sec. 29. [32D.28] ANNUAL SUSPENSION OF DAIRY TRADE PRACTICES ACT.
58.2The provisions of section 32D.26 are suspended during the month of June each year in
58.3honor of "Dairy Month."

58.4    Sec. 30. REPEALER.
58.5Minnesota Statutes 2016, sections 32.01, subdivisions 1, 2, 6, 8, 9, 10, 11, and 12; 32.021;
58.632.071; 32.072; 32.073; 32.074; 32.075; 32.076; 32.078; 32.10; 32.102; 32.103; 32.105;
58.732.106; 32.21; 32.212; 32.22; 32.25; 32.391, subdivisions 1, 1d, 1e, 1f, 1g, 2, and 3; 32.392;
58.832.393; 32.394, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 8a, 8b, 8c, 8d, 8e, 9, 11, and 12; 32.395;
58.932.397; 32.398, subdivision 1; 32.401, subdivisions 1, 2, 3, and 5; 32.415; 32.416; 32.475;
58.1032.481, subdivision 1; 32.482; 32.483; 32.484; 32.486; 32.55, subdivisions 1, 2, 3, 4, 5, 12,
58.1113, and 14; 32.555; 32.56; 32.61; 32.62; 32.63; 32.64; 32.645; 32.70; 32.71; 32.72; 32.74;
58.1232.745; 32.75; and 32.90, are repealed.