HF 1937

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; changing certain provisions
concerning plant pests, nursery stock, and
wildflowers; amending Minnesota Statutes 2004,
sections 18G.03, subdivision 1; 18H.02, subdivisions
21, 22, 23, 32, 34, by adding a subdivision; 18H.05;
18H.06; 18H.09; 18H.13, subdivision 1; 18H.15; 18H.18,
subdivision 1; repealing Minnesota Statutes 2004,
section 18H.02, subdivisions 15, 19.

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

Section 1.

Minnesota Statutes 2004, section 18G.03,
subdivision 1, is amended to read:

Subdivision 1.

Entry and inspection.

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

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

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

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

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

Sec. 2.

Minnesota Statutes 2004, section 18H.02, is
amended by adding a subdivision to read:

new text begin Subd. 12a. new text end

new text begin Individual. new text end

new text begin "Individual" means a human being.
new text end

Sec. 3.

Minnesota Statutes 2004, section 18H.02,
subdivision 21, is amended to read:

Subd. 21.

Nursery stock broker.

"Nursery stock broker"
means a nursery stock dealer engaged in the business of selling
or reselling new text begin certified new text end nursery stock as a business transaction
without taking ownership or handling the nursery stock.

Sec. 4.

Minnesota Statutes 2004, section 18H.02,
subdivision 22, is amended to read:

Subd. 22.

Nursery stock dealer.

"Nursery stock dealer"
means a person involved in the acquisition and further
distribution of new text begin certified new text end nursery stock; the utilization of
new text begin certified new text end nursery stock for landscaping or purchase of new text begin certified
new text end nursery stock for other persons; or the distribution
of new text begin certified new text end nursery stock with a mechanical digger, commonly
known as a tree spade, or by any other means. A person who
purchases more than half of the new text begin certified new text end nursery stock offered
for sale at a sales location during the current certificate year
is considered a nursery stock dealer rather than a nursery stock
grower for the purposes of determining a proper fee schedule.
Nursery stock brokers, landscapers, and tree spade operators are
considered nursery stock dealers for purposes of determining
proper certification.

Sec. 5.

Minnesota Statutes 2004, section 18H.02,
subdivision 23, is amended to read:

Subd. 23.

Nursery stock grower.

"Nursery stock grower"
includes, but is not limited to, a person who raises, grows, or
propagates nursery stock, outdoors or indoors. A person who
grows more than half of the new text begin certified new text end nursery stock offered for
sale at a sales location during the current certificate year is
considered a nursery stock grower for the purpose of determining
a proper fee schedule.

Sec. 6.

Minnesota Statutes 2004, section 18H.02,
subdivision 32, is amended to read:

Subd. 32.

Sales location.

"Sales location" means a fixed
location from which new text begin certified new text end nursery stock is displayed or
distributed.

Sec. 7.

Minnesota Statutes 2004, section 18H.02,
subdivision 34, is amended to read:

Subd. 34.

Tree spade operator.

"Tree spade operator"
means a deleted text begin nursery stock dealer deleted text end new text begin person new text end who uses a tree spade to dig
deleted text begin nursery stock and sells deleted text end new text begin , sell new text end , deleted text begin offers deleted text end new text begin offer new text end for sale,
deleted text begin distributes deleted text end new text begin distribute new text end , deleted text begin and transports deleted text end new text begin or transport new text end certified
nursery stock.

Sec. 8.

Minnesota Statutes 2004, section 18H.05, is
amended to read:

18H.05 NURSERY CERTIFICATE REQUIREMENTS.

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

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

(c) A person required to be certified by this section must
apply for a certificate or for renewal on a form furnished by
the commissioner which must contain:

(1) the name and address of the applicant, the number of
locations to be operated by the applicant and their addresses,
and the assumed business name of the applicant;

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

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

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

(d) No person may:

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

(2) make willful false statements when applying for a
certificate new text begin ; or
new text end

new text begin (3) sell or distribute certified nursery stock to an
uncertified nursery stock dealer or nursery stock grower new text end .

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

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

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

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

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

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

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

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

Sec. 9.

Minnesota Statutes 2004, section 18H.06, is
amended to read:

18H.06 EXEMPT NURSERY SALES.

Subdivision 1.

Not-for-profit sales.

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

(1) conducts sales or distributions of certified nursery
stock on deleted text begin 14 deleted text end new text begin ten new text end or fewer days in a calendar year; and

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

Subd. 2.

deleted text begin nursery hobbyist deleted text end occasional sales.

(a) An
deleted text begin organization or deleted text end individual may offer nursery stock for sale and
be exempt from the requirement to obtain a nursery stock dealer
certificate if:

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

(2) all nursery stock sold or distributed by the deleted text begin hobbyist
deleted text end new text begin individual new text end is intended for planting in Minnesota; deleted text begin and
deleted text end

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

new text begin (4) conducts sales or distributions of nursery stock on ten
or fewer days in a calendar year new text end .

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

Sec. 10.

Minnesota Statutes 2004, section 18H.09, is
amended to read:

18H.09 NURSERY deleted text begin INSPECTIONS REQUIRED deleted text end new text begin STOCK CERTIFICATION
REQUIREMENTS new text end .

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

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

new text begin (2) the nursery stock will not be moved out of Minnesota;
and
new text end

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

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

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

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

(d) The commissioner may post signs to delineate sections
withdrawn from distribution. These signs must remain in place
until the commissioner removes them or grants written permission
to the grower to remove the signs.

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

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

Sec. 11.

Minnesota Statutes 2004, section 18H.13,
subdivision 1, is amended to read:

Subdivision 1.

deleted text begin labeling deleted text end new text begin identification of
origin new text end .

deleted text begin Plants, plant materials, or nursery stock distributed
into Minnesota must be conspicuously labeled on the exterior
with the name of the consignor, the state of origin, and the
name of the consignee and must be accompanied by certification
documents to satisfy all applicable state and federal
quarantines. deleted text end Proof of valid nursery certification new text begin and origin of
all nursery stock new text end must deleted text begin also deleted text end accompany the shipment. It is the
shared responsibility of both the consignee and consignor to
examine all shipments for the presence of current and applicable
nursery stock certifications for all plant material from all
sources of stock in each shipment.

Sec. 12.

Minnesota Statutes 2004, section 18H.15, is
amended to read:

18H.15 VIOLATIONS.

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

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

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

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

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

(c) It is unlawful for a person to:

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

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

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

(4) fail to display a nursery certificate;

(5) misrepresent or falsify a nursery certificate;

(6) refuse to submit to a nursery inspection;

(7) fail to provide the cooperation necessary to conduct a
successful nursery inspection;

(8) offer for sale uncertified plants, plant materials, or
nursery stock;

(9) possess an illegal regulated commodity;

(10) violate or disobey a commissioner's order;

(11) violate a quarantine issued by the commissioner;

(12) fail to obtain phytosanitary certification for plant
material or nursery stock brought into Minnesota;

(13) deface, mutilate, or destroy a nursery stock
certificate, phytosanitary certificate, or phytosanitary
preclearance certificate, or other commissioner mark, permit, or
certificate;

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

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

new text begin (16) sell nursery stock to an uncertified nursery stock
dealer new text end .

Sec. 13.

Minnesota Statutes 2004, section 18H.18,
subdivision 1, is amended to read:

Subdivision 1.

Restrictions on collecting.

No person
shall distribute deleted text begin the state flower (Cypripedium reginae), or deleted text end any
species of deleted text begin lady slipper (Cypripedieae) deleted text end new text begin orchids
(Orchidaceae) new text end , deleted text begin any member of the orchid family, deleted text end any gentian
(Gentiana), arbutus (Epigaea repens), lilies (Lilium new text begin species new text end ),
coneflowers (Echinacea new text begin species new text end ), bloodroot (Sanguinaria
canadensis), mayapple (Podophyllum peltatutum), any species of
trillium new text begin (Trillium species) new text end , or lotus (Nelumbo lutea), which
have been collected in any manner from any public or private
property without the written permission of the property owner
and written authorization from the commissioner.

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 18H.02, subdivisions 15
and 19, are repealed.
new text end