Minnesota Legislature
HF 2389
1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 04/12/1999 | |
| 1st Engrossment | Posted on 04/15/1999 |
Current Version - 1st Engrossment
1.1 A bill for an act
1.2 relating to agriculture; appropriating money for
1.3 agricultural purposes; establishing and modifying
1.4 certain programs; providing for regulation of certain
1.5 activities and practices; providing for accounts,
1.6 assessments, and fees; amending Minnesota Statutes
1.7 1998, sections 17.115, subdivision 3; 17.116,
1.8 subdivision 3; 17.136; 17.451, subdivision 2; 17.452,
1.9 subdivisions 5 and 8; 17.59, subdivision 5; 17A.11;
1.10 18B.05, subdivision 1; 18B.26, subdivision 5; 18C.131;
1.11 18E.02, subdivision 5; 21.115; 21.92; 25.39,
1.12 subdivision 4; 27.07, subdivision 6; 28A.08,
1.13 subdivision 3; 31.94; 31.95, subdivision 3a; 32.21,
1.14 subdivision 4; 32.394, subdivision 9; 35.02,
1.15 subdivision 1; 35.04; 35.05; 35.08; 35.09,
1.16 subdivisions 2 and 2a; 35.67; 35.68; 35.82,
1.17 subdivisions 1b, 2, and 3; 35.92, subdivision 5;
1.18 35.93, subdivision 1; 41A.09, subdivision 3a; 41D.02,
1.19 subdivision 2; 103F.515, subdivision 2; 156.001,
1.20 subdivisions 2, 3, and by adding a subdivision;
1.21 156.01, subdivision 3; 156.02, subdivisions 1 and 2;
1.22 156.03; 156.072; 156.10; 156.11; 156.12, subdivisions
1.23 2 and 4; 216B.2424, by adding a subdivision; 239.791,
1.24 subdivisions 1, 12, and by adding subdivisions; and
1.25 500.24, subdivisions 2 and 3; proposing coding for new
1.26 law in Minnesota Statutes, chapters 17; 18E; 28A; 31B;
1.27 and 156; repealing Minnesota Statutes 1998, sections
1.28 17.76; 35.245; 35.96, subdivision 4; 42.01; 42.02;
1.29 42.03; 42.04; 42.05; 42.06; 42.07; 42.08; 42.09;
1.30 42.10; 42.11; 42.12; 42.13; and 42.14.
1.31 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.32 Section 1. [AGRICULTURE APPROPRIATIONS.]
1.33 The sums shown in the columns marked "APPROPRIATIONS" are
1.34 appropriated from the general fund, or another named fund, to
1.35 the agencies and for the purposes specified in this act, to be
1.36 available for the fiscal years indicated for each purpose. The
1.37 figures "1999," "2000," and "2001," where used in this act, mean
1.38 that the appropriation or appropriations listed under them are
2.1 available for the year ending June 30, 1999, June 30, 2000, or
2.2 June 30, 2001, respectively.
2.3 SUMMARY BY FUND
2.4 1999 2000 2001 TOTAL
2.5 General $ -0- $35,426,000 $30,684,000 $66,110,000
2.6 Special Revenue 200,000 200,000 400,000
2.7 Environmental 336,000 342,000 678,000
2.8 Solid Waste -0- -0- -0-
2.9 TOTAL $ -0- $35,962,000 $31,226,000 $67,188,000
2.10 APPROPRIATIONS
2.11 Available for the Year
2.12 Ending June 30
2.13 2000 2001
2.15 Sec. 2. AGRICULTURE
2.16 Subdivision 1. Total
2.17 Appropriation $28,565,000 $23,775,000
2.18 Summary by Fund
2.19 General 28,229,000 23,433,000
2.20 Environmental 336,000 342,000
2.21 The amounts that may be spent from this
2.22 appropriation for each program are
2.23 specified in the following subdivisions.
2.24 Subd. 2. Protection Service
2.25 11,589,000 11,774,000
2.26 Summary by Fund
2.27 General 11,253,000 11,432,000
2.28 Environmental 336,000 342,000
2.29 $336,000 the first year and $342,000
2.30 the second year are from the
2.31 environmental response, compensation,
2.32 and compliance account in the
2.33 environmental fund.
2.34 $200,000 the first year shall be
2.35 transferred to the seed potato
2.36 inspection fund and used for the
2.37 administration and enforcement of
2.38 Minnesota Statutes, sections 21.80 to
2.39 21.92. This appropriation is to
2.40 supplement the fees paid by seed potato
2.41 growers. This is a one-time
2.42 appropriation.
2.43 $100,000 the first year is to conduct a
2.44 predesign study for a joint agency
2.45 laboratory that will serve the
2.46 environmental laboratory needs of the
2.47 department of agriculture, department
2.48 of natural resources, pollution control
3.1 agency, and the Minnesota department of
3.2 health. This is a one-time
3.3 appropriation.
3.4 $25,000 the first year and $25,000 the
3.5 second year are for expenses associated
3.6 with the licensing and management of
3.7 cervidae shooting preserves in section
3.8 12. This is a one-time appropriation.
3.9 $250,000 the first year and $50,000 the
3.10 second year shall be transferred to the
3.11 grain inspection account to replace
3.12 revenues lost due to poor yields and
3.13 low market prices for grains during
3.14 1999. This is a one-time appropriation.
3.15 $30,000 the first year and $30,000 the
3.16 second year are to replace cuts in
3.17 federal funding for the elevator
3.18 inspection program. This is a one-time
3.19 appropriation.
3.20 $158,000 the first year and $158,000
3.21 the second year are for payment of
3.22 claims relating to livestock damaged by
3.23 threatened or endangered animal species
3.24 and agricultural crops damaged by elk.
3.25 If the appropriation for either year is
3.26 insufficient, the appropriation for the
3.27 other year is available for it. This
3.28 is not a one-time appropriation.
3.29 Subd. 3. Agricultural Marketing and Development
3.30 10,616,000 5,867,000
3.31 $25,000 the first year and $25,000 the
3.32 second year are for a grant to the
3.33 University of Minnesota for research on
3.34 grazing or organic farming. This is a
3.35 one-time appropriation.
3.36 Notwithstanding Minnesota Statutes,
3.37 section 41A.09, subdivision 3a, the
3.38 total payments from the ethanol
3.39 development account to all producers
3.40 may not exceed $74,117,000 for the
3.41 biennium ending June 30, 2001. If the
3.42 total amount for which all producers
3.43 are eligible in a quarter exceeds the
3.44 amount available for payments, the
3.45 commissioner shall make the payments on
3.46 a pro rata basis. In fiscal year 2000,
3.47 the commissioner shall first reimburse
3.48 producers for eligible unpaid claims
3.49 accumulated through June 30, 1999.
3.50 $200,000 the first year is for a loan
3.51 from the rural finance authority to an
3.52 entity that develops a facility that
3.53 uses poultry litter as a fuel for the
3.54 generation of electricity. Principal
3.55 and interest payments on the loan must
3.56 be deposited in the general fund.
3.57 $300,000 the first year is for an
3.58 operating loan from the rural finance
3.59 authority to a cooperative association
3.60 organized under Minnesota Statutes,
3.61 chapter 308A, for development and
4.1 operation of a livestock packing
4.2 plant. Principal and interest payments
4.3 on the loan must be deposited in the
4.4 general fund.
4.5 $50,000 the first year is for the
4.6 commissioner, in consultation with the
4.7 commissioner of economic development,
4.8 to conduct a study of the need for a
4.9 commercial shipping port at which
4.10 agricultural cooperatives or individual
4.11 farmers would have access to port
4.12 facilities.
4.13 $300,000 the first year is for an
4.14 operating loan from the rural finance
4.15 authority to a cooperative association
4.16 organized under Minnesota Statutes,
4.17 chapter 308A, for development and
4.18 operation of an alfalfa pelletizing
4.19 plant. Principal and interest payments
4.20 on the loan must be deposited in the
4.21 general fund.
4.22 Notwithstanding the transfers from the
4.23 ethanol development fund to the general
4.24 fund required under Laws 1997, chapter
4.25 216, section 17, and Laws 1998, chapter
4.26 401, section 10, $500,000 must be
4.27 retained in the ethanol development
4.28 fund until June 30, 2000. This sum is
4.29 available for making one additional
4.30 loan under Minnesota Statutes, section
4.31 41B.044. This provision is effective
4.32 the day following final enactment.
4.33 $1,500,000 the first year is for a
4.34 grant to a qualified institution or
4.35 organization to pursue further research
4.36 on diseases of soybeans including, but
4.37 not limited to, soybean cyst nematode
4.38 (SCN), white mold (sclerotinia stem
4.39 rot), phytophthora root rot (PRR), and
4.40 iron deficiency chlorosis. $300,000 of
4.41 this appropriation may be designated
4.42 for research on specialty gene traits
4.43 of soybeans. This is a one-time
4.44 appropriation.
4.45 $100,000 the first year is for a grant
4.46 to a qualified institution to fund
4.47 research on turkey respiratory disease
4.48 control and prevention. This
4.49 appropriation is in addition to other
4.50 public and nonpublic money for turkey
4.51 research. This is a one-time
4.52 appropriation.
4.53 $100,000 the first year is for a grant
4.54 to a qualified institution to fund
4.55 research on potato aphids. This
4.56 appropriation is in addition to other
4.57 public and nonpublic money for potato
4.58 aphid research. This is a one-time
4.59 appropriation.
4.60 $120,000 the first year is for a grant
4.61 to the University of Minnesota
4.62 extension service for its farm safety
4.63 and health program. This is a one-time
4.64 appropriation.
5.1 $400,000 the first year and $100,000
5.2 the second year are to establish an
5.3 agricultural water quality and quantity
5.4 management, research, demonstration,
5.5 and education program. Of this
5.6 biennial appropriation, $250,000 is for
5.7 projects at the Lamberton site and
5.8 $250,000 is for projects at the Waseca
5.9 site. The commissioner may contract
5.10 with the University of Minnesota or
5.11 others for the implementation of parts
5.12 of the program. If the appropriation
5.13 for either is insufficient, the
5.14 appropriation for the other year is
5.15 available. This is a one-time
5.16 appropriation.
5.17 $500,000 the first year is for a grant
5.18 to the University of Minnesota for the
5.19 agricultural experiment stations. This
5.20 amount must be distributed to the
5.21 stations in equal amounts and must be
5.22 used for agricultural crop and
5.23 livestock research projects. This is a
5.24 one-time appropriation.
5.25 $300,000 the first year is for a grant
5.26 to the Minnesota agriculture education
5.27 leadership council for a planning grant
5.28 for an urban agricultural high school.
5.29 This appropriation is available until
5.30 June 30, 2001. This is a one-time
5.31 appropriation.
5.32 $75,000 the first year and $75,000 the
5.33 second year are for grants to the
5.34 Minnesota agriculture education
5.35 leadership council for grants to
5.36 schools and community organizations for
5.37 agricultural education programs. This
5.38 is a one-time appropriation.
5.39 $900,000 the first year and $462,000
5.40 the second year are to the commissioner
5.41 of agriculture for programs to
5.42 aggressively promote, develop, expand,
5.43 and enhance the marketing of
5.44 agricultural products from Minnesota
5.45 producers and processors. The
5.46 commissioner must enter into
5.47 collaborative efforts with the
5.48 department of trade and economic
5.49 development, the world trade center
5.50 corporation, and other public or
5.51 private entities knowledgeable in
5.52 market identification and development.
5.53 The commissioner may also contract with
5.54 or make grants to public or private
5.55 organizations involved in efforts to
5.56 enhance communication between producers
5.57 and markets and organizations that
5.58 identify, develop, and promote the
5.59 marketing of Minnesota agricultural
5.60 crops, livestock, and produce in local,
5.61 regional, national, and international
5.62 marketplaces. Grants may be provided
5.63 to appropriate organizations including
5.64 those functioning as marketing clubs,
5.65 to a cooperative known as Minnesota
5.66 Marketplace, and to recognized
5.67 associations of producers or processors
6.1 of organic foods or Minnesota grown
6.2 specialty crops. Beginning October 15,
6.3 1999, and 15 days after the close of
6.4 each calendar quarter thereafter, the
6.5 commissioner shall provide to the
6.6 senate and house committees with
6.7 jurisdiction over agriculture policy
6.8 and funding interim reports of the
6.9 progress toward accomplishing the goals
6.10 of this item. The commissioner shall
6.11 deliver a final report on March 1,
6.12 2001. If the appropriation for either
6.13 year is insufficient, the appropriation
6.14 for the other year is available. This
6.15 is a one-time appropriation that
6.16 remains available until expended.
6.17 $30,000 the first year is for staff
6.18 support and other expenses of the
6.19 roundtable to assess producer
6.20 production contracts under section 67.
6.21 This appropriation is available until
6.22 June 30, 2001. This is a one-time
6.23 appropriation.
6.24 $40,000 the first year and $10,000 the
6.25 second year are for development of a
6.26 site on the Internet for extending "Ag
6.27 in the Classroom" information and
6.28 materials and maintenance of the site.
6.29 This is a one-time appropriation.
6.30 $125,000 the first year and $125,000
6.31 the second year are for a grant to the
6.32 University of Minnesota to employ and
6.33 support a senior researcher in plant
6.34 genetics for additional research on the
6.35 development of scab-resistant wheat
6.36 varieties. This is a one-time
6.37 appropriation.
6.38 $400,000 the first year is for a grant
6.39 to the Minnesota state colleges and
6.40 universities for providing financial
6.41 analysis assistance to farm operators
6.42 who apply for farm operating loans.
6.43 This is a one-time appropriation.
6.44 $71,000 the first year and $71,000 the
6.45 second year are for transfer to the
6.46 Minnesota grown matching account and
6.47 may be used as grants for Minnesota
6.48 grown promotion under Minnesota
6.49 Statutes, section 17.109.
6.50 $610,000 the first year and $460,000
6.51 the second year are for continued
6.52 research of solutions and alternatives
6.53 for manure management and odor
6.54 control. This is a one-time
6.55 appropriation.
6.56 $50,000 the first year and $50,000 the
6.57 second year are for beaver damage
6.58 control grants for the purposes of
6.59 Minnesota Statutes, section 17.110.
6.60 $80,000 the first year and $80,000 the
6.61 second year are for grants to farmers
6.62 for demonstration projects involving
6.63 sustainable agriculture. If a project
7.1 cost is more than $25,000, the amount
7.2 above $25,000 must be matched at the
7.3 rate of one state dollar for each
7.4 dollar of nonstate money. Priorities
7.5 must be given for projects involving
7.6 multiple parties. Up to $20,000 each
7.7 year may be used for dissemination of
7.8 information about the demonstration
7.9 grant projects. If the appropriation
7.10 for either year is insufficient, the
7.11 appropriation for the other is
7.12 available.
7.13 $501,000 the first year and $501,000
7.14 the second year are for support of the
7.15 dairy diagnostic teams.
7.16 Subd. 4. Administration and
7.17 Financial Assistance
7.18 6,360,000 6,134,000
7.19 $49,000 the first year and $49,000 the
7.20 second year are for family farm
7.21 security interest payment adjustments.
7.22 If the appropriation for either year is
7.23 insufficient, the appropriation for the
7.24 other year is available for it. No new
7.25 loans may be approved in fiscal year
7.26 2000 or 2001.
7.27 $254,000 the first year and $256,000
7.28 the second year are for the farm
7.29 advocates program.
7.30 $70,000 the first year and $70,000 the
7.31 second year are for the Northern Crops
7.32 Institute. These appropriations may be
7.33 spent to purchase equipment.
7.34 $250,000 the first year is for creation
7.35 of a rapid response fund under the
7.36 control of the commissioner for
7.37 response to agricultural crop or
7.38 livestock emergency situations. This
7.39 is a one-time appropriation and remains
7.40 available until expended.
7.41 $150,000 the first year and $150,000
7.42 the second year are for grants to
7.43 agriculture information centers. The
7.44 grants are only available on a match
7.45 basis. The funds may be released at
7.46 the rate of $5 of state money for each
7.47 $1 of matching nonstate money.
7.48 $19,000 the first year and $19,000 the
7.49 second year are for a grant to the
7.50 Minnesota Livestock Breeders'
7.51 Association.
7.52 The pilot program for distribution of
7.53 coupons through the sustainable
7.54 resource center under Laws 1998,
7.55 chapter 401, section 6, is canceled.
7.56 $175,000 the first year and $175,000
7.57 the second year must be spent for the
7.58 WIC coupon program.
7.59 $50,000 the first year and $50,000 the
8.1 second year are for the Passing on the
8.2 Farm Center under Minnesota Statutes,
8.3 section 17.985. This appropriation is
8.4 available only to the extent matched
8.5 with nonstate money.
8.6 $1,767,000 the first year and
8.7 $1,697,000 the second year are for an
8.8 electronic information management
8.9 system.
8.10 $267,000 the first year and $200,000
8.11 the second year are for the dairy
8.12 inspection account. Of the first year
8.13 appropriation, up to $50,000 is
8.14 available for additional funding of
8.15 beaver damage control grants. This is
8.16 a one-time appropriation. By February
8.17 15, 2000, the commissioner shall review
8.18 the fairness and equity of the fee
8.19 structure for dairy inspections and
8.20 report the findings to the legislature.
8.21 $50,000 the first year is to complete a
8.22 study of the business climate for dairy
8.23 farmers. This is a one-time
8.24 appropriation.
8.25 Sec. 3. BOARD OF ANIMAL HEALTH 2,985,000 3,039,000
8.26 $118,000 each year is for a program to
8.27 investigate the avian pneumovirus
8.28 disease and to identify the infected
8.29 flocks. This is a one-time
8.30 appropriation.
8.31 $150,000 the first year and $150,000
8.32 the second year are additional money
8.33 for a program to control
8.34 paratuberculosis ("Johne's disease") in
8.35 domestic bovine herds.
8.36 $125,000 the first year and $125,000
8.37 the second year are for pseudorabies
8.38 control programs. This is a one-time
8.39 appropriation.
8.40 Sec. 4. MINNESOTA HORTICULTURAL
8.41 SOCIETY 82,000 82,000
8.42 Sec. 5. AGRICULTURAL UTILIZATION
8.43 RESEARCH INSTITUTE 4,330,000 4,330,000
8.44 Summary by Fund
8.45 General 4,130,000 4,130,000
8.46 Special Revenue 200,000 200,000
8.47 $200,000 each year shall be transferred
8.48 from the department of agriculture's
8.49 pesticide regulatory account in the
8.50 special revenue fund for the pesticide
8.51 reduction options program. This is a
8.52 one-time appropriation. By January 15,
8.53 2000, the Agricultural Utilization
8.54 Research Institute must report to the
8.55 standing committees of the house and
8.56 senate with jurisdiction over
8.57 agricultural policy issues on the
8.58 pesticide reduction options program.
9.1 The Agricultural Utilization Research
9.2 Institute must collaborate with the
9.3 commissioner of agriculture on issues
9.4 of market development and technology
9.5 transfer.
9.6 $200,000 the first year and $200,000
9.7 the second year are for hybrid tree
9.8 management research and development of
9.9 an implementation plan for establishing
9.10 hybrid tree plantations in the state.
9.11 This appropriation is available to the
9.12 extent it is matched by $2 of nonstate
9.13 contributions, either cash or in kind,
9.14 for each $1 of state money.
9.15 The base funding for the Agricultural
9.16 Utilization Research Institute in
9.17 fiscal year 2002 and thereafter is
9.18 reduced by $73,000 each fiscal year.
9.19 Sec. 6. Minnesota Statutes 1998, section 17.115,
9.20 subdivision 3, is amended to read:
9.21 Subd. 3. [AWARDING OF LOANS.] (a) Applications for loans
9.22 must be made to the commissioner on forms prescribed by the
9.23 commissioner.
9.24 (b) The applications must be reviewed, ranked, and
9.25 recommended by a loan review panel appointed by the
9.26 commissioner. The loan review panel shall consist of two
9.27 lenders with agricultural experience, two resident farmers of
9.28 the state using sustainable agriculture methods, two resident
9.29 farmers of the state using organic agriculture methods, a farm
9.30 management specialist, a representative from a post-secondary
9.31 education institution, and a chair from the department.
9.32 (c) The loan review panel shall rank applications according
9.33 to the following criteria:
9.34 (1) realize savings to the cost of agricultural production
9.35 and project savings to repay the cost of the loan;
9.36 (2) reduce or make more efficient use of energy; and
9.37 (3) reduce production costs.
9.38 (d) A loan application must show that the loan can be
9.39 repaid by the applicant.
9.40 (e) The commissioner must consider the recommendations of
9.41 the loan review panel and may make loans for eligible projects.
9.42 Priority must be given based on the amount of savings realized
9.43 by adopting the practice implemented by the loan.
10.1 Sec. 7. Minnesota Statutes 1998, section 17.116,
10.2 subdivision 3, is amended to read:
10.3 Subd. 3. [AWARDING OF GRANTS.] (a) Applications for grants
10.4 must be made to the commissioner on forms prescribed by the
10.5 commissioner.
10.6 (b) The applications must be reviewed, ranked, and
10.7 recommended by a technical review panel appointed by the
10.8 commissioner. The technical review panel shall consist of a
10.9 soil scientist, an agronomist, a representative from a
10.10 post-secondary educational institution, two resident farmers of
10.11 the state using sustainable agriculture methods, two resident
10.12 farmers of the state using organic agriculture methods, and a
10.13 chair from the department.
10.14 (c) The technical review panel shall rank applications
10.15 according to the following criteria:
10.16 (1) direct or indirect energy savings or production;
10.17 (2) environmental benefit;
10.18 (3) farm profitability;
10.19 (4) the number of farms able to apply the techniques or the
10.20 technology proposed;
10.21 (5) the effectiveness of the project as a demonstration;
10.22 (6) the immediate transferability of the project to farms;
10.23 and
10.24 (7) the ability of the project to accomplish its goals.
10.25 (d) The commissioner shall consider the recommendations of
10.26 the technical review panel and may award grants for eligible
10.27 projects. Priority must be given to applicants who are farmers
10.28 or groups of farmers.
10.29 (e) Grants for eligible projects may not exceed $25,000
10.30 unless the portion above $25,000 is matched on an equal basis by
10.31 the applicant's cash or in-kind land use contribution. Grant
10.32 funding of projects may not exceed $50,000 under this section,
10.33 but applicants may utilize other funding sources. A portion of
10.34 each grant must be targeted for public information activities of
10.35 the project.
10.36 (f) A project may continue for up to three years.
11.1 Multiyear projects must be reevaluated by the technical review
11.2 panel and the commissioner before second or third year funding
11.3 is approved. A project is limited to one grant for its funding.
11.4 Sec. 8. Minnesota Statutes 1998, section 17.136, is
11.5 amended to read:
11.6 17.136 [ANIMAL FEEDLOTS; POLLUTION CONTROL; FEEDLOT AND
11.7 MANURE MANAGEMENT ADVISORY COMMITTEE.]
11.8 (a) The commissioner of agriculture and the commissioner of
11.9 the pollution control agency shall establish a feedlot and
11.10 manure management advisory committee to identify needs, goals,
11.11 and suggest policies for research, monitoring, and regulatory
11.12 activities regarding feedlot and manure management. In
11.13 establishing the committee, the commissioner shall give first
11.14 consideration to members of the existing feedlot advisory group.
11.15 (b) The committee must include representation from beef,
11.16 dairy, pork, chicken, and turkey producer organizations. The
11.17 committee shall not exceed 18 23 members, but, after June 30,
11.18 1997 1999, must include representatives from at least four
11.19 environmental organizations, eight livestock producers, and four
11.20 experts in soil and water science, nutrient management, and
11.21 animal husbandry, two commercial solid manure applicators who
11.22 are not producers, two commercial liquid manure applicators who
11.23 are not producers, and one member from an organization
11.24 representing local units of government, and chairs of the senate
11.25 and the house of representatives committees that deal with
11.26 agricultural policy or the designees of the chairs. In
11.27 addition, the departments of agriculture, health, and natural
11.28 resources, the pollution control agency, board of water and soil
11.29 resources, soil and water conservation districts, the federal
11.30 Natural Resource Conservation Service, the association of
11.31 Minnesota counties, and the Farm Service Agency shall serve on
11.32 the committee as ex officio nonvoting members.
11.33 (c) The advisory committee shall elect a chair and a
11.34 vice-chair from its members. The department and the agency
11.35 shall provide staff support to the committee.
11.36 (d) The commissioner of agriculture and the commissioner of
12.1 the pollution control agency shall consult with the advisory
12.2 committee during the development of any policies, rules, or
12.3 funding proposals or recommendations relating to feedlots or
12.4 feedlot-related manure management.
12.5 (e) The commissioner of agriculture shall consult with the
12.6 advisory committee on establishing a list of manure management
12.7 research needs and priorities.
12.8 (f) The advisory committee shall advise the commissioners
12.9 on other appropriate matters.
12.10 (g) Nongovernment members of the advisory committee shall
12.11 receive expenses, in accordance with section 15.059, subdivision
12.12 6. The advisory committee expires on June 30, 2001.
12.13 Sec. 9. Minnesota Statutes 1998, section 17.451,
12.14 subdivision 2, is amended to read:
12.15 Subd. 2. [FARMED CERVIDAE.] "Farmed cervidae" means
12.16 members of the cervidae family that are:
12.17 (1) raised for the purpose of shooting, harvesting,
12.18 producing fiber, meat, or animal by-products, as pets, or as
12.19 breeding stock; and
12.20 (2) registered in a manner approved by the board of animal
12.21 health.
12.22 Sec. 10. Minnesota Statutes 1998, section 17.452,
12.23 subdivision 5, is amended to read:
12.24 Subd. 5. [RAISING FARMED CERVIDAE IS AN AGRICULTURAL
12.25 PURSUIT.] Raising farmed cervidae is agricultural production and
12.26 an agricultural pursuit, which may include the sale of farmed
12.27 cervidae to a person for personal consumption. Personal
12.28 consumption may include the harvesting of farmed cervidae by
12.29 firearms or archery on a licensed shooting preserve.
12.30 Sec. 11. Minnesota Statutes 1998, section 17.452,
12.31 subdivision 8, is amended to read:
12.32 Subd. 8. [SLAUGHTER.] Farmed cervidae that are to be sold
12.33 for commercial meat purposes must be slaughtered and inspected
12.34 in accordance with the United States Department of Agriculture
12.35 voluntary program for exotic animals, Code of Federal
12.36 Regulations, title 9, part 352.
13.1 Sec. 12. [17.4521] [CERVIDAE SHOOTING PRESERVES.]
13.2 Subdivision 1. [FEES FOR SHOOTING PRESERVES.] (a) The fee
13.3 for a cervidae shooting preserve license is $900 annually and
13.4 will be deposited in the game and fish fund.
13.5 (b) Shooting preserve licenses issued under this
13.6 subdivision expire on the last day of March.
13.7 Subd. 2. [SHOOTING PRESERVE APPLICATION.] The commissioner
13.8 may license up to ten cervidae shooting preserves in the state.
13.9 An application for a cervidae shooting preserve license must be
13.10 filed with the commissioner. The application must include a
13.11 legal description of the shooting preserve land, number of
13.12 acres, species to be harvested, and other necessary information
13.13 prescribed by the commissioner.
13.14 Subd. 3. [GAME AVAILABLE.] Game that may be released and
13.15 harvested in a licensed cervidae shooting preserve must be
13.16 specified in the license and are limited to species raised as
13.17 farmed cervidae under sections 17.451 and 17.452. Only farmed
13.18 cervidae from herds in the accredited program of the board of
13.19 animal health may be transported to and released in a licensed
13.20 cervidae shooting preserve.
13.21 Subd. 4. [LOCATION; SIZE OF PRESERVE.] A shooting preserve
13.22 must be separated from any farmed cervidae breeding pens or
13.23 pastures. A shooting preserve must be contiguous and contain at
13.24 least 240 acres for elk and at least 120 acres for deer but no
13.25 more than 960 acres, including any water area, and must have
13.26 areas of cover to provide for concealment of the cervidae
13.27 sufficient to prevent the cervidae from being visible in all
13.28 parts of the preserve at one time and must afford cervidae the
13.29 chance of escape from pursuit by patrons of the shooting
13.30 preserve.
13.31 Subd. 5. [POSTING OF BOUNDARIES.] The boundaries of a
13.32 shooting preserve must be clearly posted in a manner prescribed
13.33 by the commissioner. The operator must post signs around the
13.34 entire perimeter of the preserve at intervals not to exceed 500
13.35 feet.
13.36 Subd. 6. [FENCING AND ENCLOSURES.] All perimeter fencing
14.1 must be paid for and maintained by the licensee and comply with
14.2 farmed cervidae requirements in section 17.452.
14.3 Subd. 7. [REMOVAL OF ALL WILD CERVIDAE.] To the extent
14.4 practicable, all wild cervidae must be removed from the shooting
14.5 preserve property at the owner's expense prior to final issuance
14.6 of the shooting preserve license. After the owner's removal
14.7 efforts are completed, the commissioner shall determine the
14.8 number and type of wild cervidae remaining on the shooting
14.9 preserve property. The shooting preserve operator shall pay the
14.10 restitution value, adopted under section 97A.345, for each wild
14.11 cervidae remaining on the shooting preserve property. Money
14.12 received under this subdivision shall be credited to the game
14.13 and fish fund.
14.14 Subd. 8. [REVOCATION OF LICENSE.] The commissioner may
14.15 revoke a shooting preserve license if the licensee or persons
14.16 authorized to harvest in the shooting preserve have been
14.17 convicted of a violation under this section. After revocation,
14.18 a new license may be issued at the discretion of the
14.19 commissioner.
14.20 Subd. 9. [HUNTING LICENSE NOT REQUIRED.] A hunting license
14.21 is not required to harvest authorized species of cervidae on a
14.22 licensed shooting preserve.
14.23 Subd. 10. [SEASON.] (a) The open season for harvesting in
14.24 a shooting preserve is August 15 through March 31.
14.25 (b) The commissioner may restrict the open season after
14.26 receiving a complaint, holding a public hearing, and finding
14.27 that the population of a particular species of wild cervidae is
14.28 harmed by harvesting in the shooting preserve.
14.29 Subd. 11. [WEAPONS LIMITATIONS.] A person may harvest
14.30 farmed cervidae on a shooting preserve by archery or firearms
14.31 authorized by law to take wild cervidae in the same area.
14.32 Subd. 12. [LICENSEE MAY ESTABLISH RESTRICTIONS.] A
14.33 shooting preserve licensee is responsible for determining who is
14.34 allowed to harvest in the preserve. In each preserve, the
14.35 licensee may establish the charge for harvesting cervidae, the
14.36 shooting hours, the season, weapon limitations, and restrictions
15.1 on the age, sex, and number of each species that may be
15.2 harvested by the hunter. These provisions may not conflict with
15.3 this section and may not be less restrictive than any rule.
15.4 Subd. 13. [IDENTIFICATION AND MARKING OF CERVIDAE.] All
15.5 cervidae must be identified by permanent tattoo, electronic
15.6 implant, or other means of identification that comply with
15.7 section 17.452.
15.8 Subd. 14. [MARKING HARVESTED CERVIDAE.] Harvested cervidae
15.9 must be marked in accordance with or identified by the shooting
15.10 preserve operator in a manner prescribed by the commissioner.
15.11 The commissioner may issue the tags or other markings at a cost
15.12 not to exceed $2 each. The marking must remain attached on the
15.13 cervidae while the cervidae is transported.
15.14 Subd. 15. [RECORDKEEPING.] A shooting preserve must
15.15 maintain a registration book listing the names, addresses, and
15.16 hunting license numbers, if applicable, of all patrons of the
15.17 shooting preserve, the date when they harvested, the amount and
15.18 species of cervidae taken, and the tag numbers or other markings
15.19 affixed to each animal. A shooting preserve must keep records
15.20 of the number of each species raised and purchased and the date
15.21 and number of each species released. An annual report shall be
15.22 made to the commissioner by the date herd registration is
15.23 required. The records must be open to inspection by the
15.24 commissioner at all reasonable times.
15.25 Sec. 13. Minnesota Statutes 1998, section 17.59,
15.26 subdivision 5, is amended to read:
15.27 Subd. 5. [COMMODITIES RESEARCH AND PROMOTION ACCOUNT.] All
15.28 fees collected by the department under sections 17.51 to 17.69
15.29 and any other fees and income received by the department in the
15.30 administration of these statutes shall be deposited in a
15.31 separate account known as the commodity research and promotion
15.32 account in the special revenue fund. All money in the account,
15.33 including interest, is appropriated to the commissioner to carry
15.34 out the duties of sections 17.51 to 17.69.
15.35 Sec. 14. Minnesota Statutes 1998, section 17A.11, is
15.36 amended to read:
16.1 17A.11 [FEES FOR LIVESTOCK WEIGHING.]
16.2 The commissioner shall prescribe the fee necessary to cover
16.3 the cost of state weighing, to be assessed and collected from
16.4 the seller in the manner the commissioner may prescribe. The
16.5 fee assessed must be the same, and the manner of collection of
16.6 the fee must be uniform at all facilities. At any location
16.7 where state weighing is performed in accordance with this
16.8 chapter and the total annual fees collected are insufficient to
16.9 pay the cost of the weighing, the annual deficit shall be
16.10 assessed and collected in the manner the commissioner may
16.11 prescribe. Additional money arising from the weighing of
16.12 animals by the commissioner, which has been collected and
16.13 retained by any person, shall be paid on demand to the
16.14 commissioner. All money collected by the commissioner shall be
16.15 deposited in the state treasury and credited to the livestock
16.16 weighing fund. All money in the fund is appropriated to the
16.17 commissioner to carry out the duties of section 17A.10.
16.18 Sec. 15. Minnesota Statutes 1998, section 18B.05,
16.19 subdivision 1, is amended to read:
16.20 Subdivision 1. [ESTABLISHMENT.] A pesticide regulatory
16.21 account is established in the state treasury. Fees and
16.22 penalties collected under this chapter must be deposited in the
16.23 state treasury and credited to the pesticide regulatory
16.24 account. All money in the account, including interest, is
16.25 appropriated to the commissioner for the administration and
16.26 enforcement of this chapter.
16.27 Sec. 16. Minnesota Statutes 1998, section 18B.26,
16.28 subdivision 5, is amended to read:
16.29 Subd. 5. [REVIEW AND REGISTRATION.] (a) The commissioner
16.30 may not deny the registration of a pesticide because the
16.31 commissioner determines the pesticide is not essential.
16.32 (b) The commissioner shall review each application and may
16.33 approve, deny, or cancel the registration of any pesticide. The
16.34 commissioner may impose state use and distribution restrictions
16.35 on a pesticide as part of the registration to prevent
16.36 unreasonable adverse effects on the environment.
17.1 (c) The commissioner must notify the applicant of the
17.2 approval, denial, cancellation, state use or distribution
17.3 restrictions.
17.4 (d) The applicant may request a hearing on any adverse
17.5 action of the commissioner within 30 days after being notified.
17.6 (e) The commissioner may exempt from the requirement of
17.7 registration pesticides that have been deregulated or classified
17.8 as minimum risk by the United States Environmental Protection
17.9 Agency.
17.10 Sec. 17. Minnesota Statutes 1998, section 18C.131, is
17.11 amended to read:
17.12 18C.131 [FERTILIZER INSPECTION ACCOUNT.]
17.13 A fertilizer inspection account is established in the state
17.14 treasury. The fees collected under this chapter and interest
17.15 attributable to money in the account must be deposited in the
17.16 state treasury and credited to the fertilizer inspection
17.17 account. All money in the account, including interest earned,
17.18 is appropriated to the commissioner for the administration and
17.19 enforcement of this chapter.
17.20 Sec. 18. Minnesota Statutes 1998, section 18E.02,
17.21 subdivision 5, is amended to read:
17.22 Subd. 5. [ELIGIBLE PERSON.] "Eligible person" means:
17.23 (1) a responsible party or an owner of real property, but
17.24 does not include the state, a state agency, a political
17.25 subdivision of the state, except as provided in clause (2), the
17.26 federal government, or an agency of the federal government;
17.27 (2) the owners of municipal airports at Perham, Madison,
17.28 and Hector, in Minnesota where a licensed aerial pesticide
17.29 applicator has caused an incident through storage, handling, or
17.30 distribution operations for agricultural chemicals if (i) the
17.31 commissioner has determined that corrective action is necessary
17.32 and (ii) the commissioner determines, and the agricultural
17.33 chemical response compensation board concurs, that based on an
17.34 affirmative showing made by the owner, a responsible party
17.35 cannot be identified or the identified responsible party is
17.36 unable to comply with an order for corrective action; or
18.1 (3) a person involved in a transaction relating to real
18.2 property who is not a responsible party or owner of the real
18.3 property and who voluntarily takes corrective action on the
18.4 property in response to a request or order for corrective action
18.5 from the commissioner, except an owner of a municipal airport
18.6 not listed in clause (2).
18.7 Sec. 19. [18E.035] [FINANCIAL SECURITY; MUNICIPAL
18.8 AIRPORTS.]
18.9 Section 18E.02, subdivision 5, clause (2), does not
18.10 prohibit the owner of a municipal airport from requiring
18.11 financial security from an aerial pesticide applicator to cover
18.12 any necessary corrective action.
18.13 Sec. 20. Minnesota Statutes 1998, section 21.115, is
18.14 amended to read:
18.15 21.115 [FEES; SEED POTATO INSPECTION FUND.]
18.16 The commissioner shall fix the fees for all inspections and
18.17 certifications in such amounts as from time to time may be found
18.18 necessary to pay the expenses of carrying out and enforcing the
18.19 purposes of sections 21.111 to 21.122, with a reasonable
18.20 reserve, and shall require the same to be paid before such
18.21 inspections or certifications are made. All moneys collected as
18.22 fees or as penalties for violations of any of the provisions of
18.23 such sections shall be paid into the state treasury and therein
18.24 credited to the seed potato inspection fund of the commissioner,
18.25 which fund is hereby created and appropriated for carrying out
18.26 the purposes of sections 21.111 to 21.122. Interest, if any,
18.27 received on deposits of these moneys shall be credited to such
18.28 fund, and there shall be paid into this fund any sum provided by
18.29 the legislature for the purpose of carrying out the provisions
18.30 of such sections.
18.31 Sec. 21. Minnesota Statutes 1998, section 21.92, is
18.32 amended to read:
18.33 21.92 [SEED INSPECTION FUND.]
18.34 There is established in the state treasury an account known
18.35 as the seed inspection fund. Fees and penalties collected by
18.36 the commissioner under sections 21.80 to 21.92 and interest
19.1 attributable to money in the account shall be deposited into
19.2 this account. The rates at which the fees are charged may be
19.3 adjusted pursuant to section 16A.1285. Money in the account,
19.4 including interest earned, is appropriated to the commissioner
19.5 for the administration and enforcement of sections 21.80 to
19.6 21.92.
19.7 Sec. 22. Minnesota Statutes 1998, section 25.39,
19.8 subdivision 4, is amended to read:
19.9 Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A
19.10 commercial feed inspection account is established in the state
19.11 treasury. Fees and penalties collected under sections 25.35 to
19.12 25.43 and interest attributable to money in the account must be
19.13 deposited in the state treasury and credited to the commercial
19.14 feed inspection account. Money in the account, including
19.15 interest earned, is appropriated to the commissioner for the
19.16 administration and enforcement of sections 25.341 to 25.43.
19.17 Sec. 23. Minnesota Statutes 1998, section 27.07,
19.18 subdivision 6, is amended to read:
19.19 Subd. 6. [COOPERATIVE AGREEMENTS; FEES; ACCOUNT.] The
19.20 commissioner may collect fees as provided for in cooperative
19.21 agreements between the commissioner and the United States
19.22 Department of Agriculture for the inspection of fresh fruits,
19.23 vegetables, and other products. The fees and interest
19.24 attributable to money in the account must be deposited in the
19.25 state treasury and credited to a fruit and vegetables inspection
19.26 account. Money in the account, including interest earned, is
19.27 appropriated to the commissioner to administer the cooperative
19.28 agreements.
19.29 Sec. 24. Minnesota Statutes 1998, section 28A.08,
19.30 subdivision 3, is amended to read:
19.31 Subd. 3. [FEES EFFECTIVE JULY 1, 1996 1999.]
19.32 Penalties
19.33 Type of food handler License Late No
19.34 Fee Renewal License
19.35 Effective
19.36 July 1, 1996 1999
20.1 1. Retail food handler
20.2 (a) Having gross sales of only
20.3 prepackaged nonperishable food
20.4 of less than $15,000 for
20.5 the immediately previous
20.6 license or fiscal year and
20.7 filing a statement with the
20.8 commissioner $ 45 $ 15 $ 25
20.9 $ 48 $ 16 $ 27
20.10 (b) Having under $15,000 gross
20.11 sales including food preparation
20.12 or having $15,000 to $50,000
20.13 gross sales for the immediately
20.14 previous license or fiscal year $ 61 $ 15 $ 25
20.15 $ 65 $ 16 $ 27
20.16 (c) Having $50,000 to $250,000
20.17 gross sales for the immediately
20.18 previous license or fiscal year $118 $ 35 $ 75
20.19 $126 $ 37 $ 80
20.20 (d) Having $250,000 to
20.21 $1,000,000 gross sales for the
20.22 immediately previous license or
20.23 fiscal year $202 $ 50 $100
20.24 $216 $ 54 $107
20.25 (e) Having $1,000,000 to
20.26 $5,000,000 gross sales for the
20.27 immediately previous license or
20.28 fiscal year $562 $100 $175
20.29 $601 $107 $187
20.30 (f) Having $5,000,000 to
20.31 $10,000,000 gross sales for the
20.32 immediately previous license or
20.33 fiscal year $787 $150 $300
20.34 $842 $161 $321
20.35 (g) Having over $10,000,000
20.36 gross sales for the immediately
21.1 previous license or fiscal year $899 $200 $350
21.2 $962 $214 $375
21.3 2. Wholesale food handler
21.4 (a) Having gross sales or
21.5 service of less than $25,000
21.6 for the immediately previous
21.7 license or fiscal year $ 50 $ 15 $ 15
21.8 $ 54 $ 16 $ 16
21.9 (b) Having $25,000 to
21.10 $250,000 gross sales or
21.11 service for the immediately
21.12 previous license or fiscal year $225 $ 50 $100
21.13 $241 $ 54 $107
21.14 (c) Having $250,000 to
21.15 $1,000,000 gross sales or
21.16 service from a mobile unit
21.17 without a separate food facility
21.18 for the immediately previous
21.19 license or fiscal year $337 $ 75 $150
21.20 $361 $ 80 $161
21.21 (d) Having $250,000 to
21.22 $1,000,000 gross sales or
21.23 service not covered under
21.24 paragraph (c) for the immediately
21.25 previous license or fiscal year $449 $100 $200
21.26 $480 $107 $214
21.27 (e) Having $1,000,000 to
21.28 $5,000,000 gross sales or
21.29 service for the immediately
21.30 previous license or fiscal year $562 $125 $250
21.31 $601 $134 $268
21.32 (f) Having over $5,000,000 gross
21.33 sales for the immediately
21.34 previous license or fiscal year $647 $150 $300
21.35 $692 $161 $321
21.36 3. Food broker $112 $ 30 $ 50
22.1 $120 $ 32 $ 54
22.2 4. Wholesale food processor
22.3 or manufacturer
22.4 (a) Having gross sales of less
22.5 than $125,000 for the
22.6 immediately previous license
22.7 or fiscal year $150 $ 50 $100
22.8 $161 $ 54 $107
22.9 (b) Having $125,000 to $250,000
22.10 gross sales for the immediately
22.11 previous license or fiscal year $310 $ 75 $150
22.12 $332 $ 80 $161
22.13 (c) Having $250,001 to $1,000,000
22.14 gross sales for the immediately
22.15 previous license or fiscal year $449 $100 $200
22.16 $480 $107 $214
22.17 (d) Having $1,000,001 to
22.18 5,000,000 gross sales for the
22.19 immediately previous license or
22.20 fiscal year $562 $125 $250
22.21 $601 $134 $268
22.22 (e) Having $5,000,001 to
22.23 $10,000,000 gross sales for
22.24 the immediately previous
22.25 license or fiscal year $647 $150 $300
22.26 $692 $161 $321
22.27 (f) Having over $10,000,000
22.28 gross sales for the immediately
22.29 previous license or fiscal year $900 $200 $350
22.30 $963 $214 $375
22.31 5. Wholesale food processor of
22.32 meat or poultry products
22.33 under supervision of the
22.34 U. S. Department of Agriculture
22.35 (a) Having gross sales of less
22.36 than $125,000 for the
23.1 immediately previous license
23.2 or fiscal year $100 $ 25 $ 50
23.3 $107 $ 27 $ 54
23.4 (b) Having $125,000 to
23.5 $250,000 gross sales for the
23.6 immediately previous license
23.7 or fiscal year $169 $ 50 $ 75
23.8 $181 $ 54 $ 80
23.9 (c) Having $250,001 to
23.10 $1,000,000 gross sales for the
23.11 immediately previous license
23.12 or fiscal year $253 $ 75 $125
23.13 $271 $ 80 $134
23.14 (d) Having $1,000,001 to
23.15 $5,000,000 gross sales
23.16 for the immediately previous
23.17 license or fiscal year $310 $ 75 $150
23.18 $332 $ 80 $161
23.19 (e) Having $5,000,001 to
23.20 $10,000,000 gross sales for
23.21 the immediately previous
23.22 license or fiscal year $366 $100 $175
23.23 $392 $107 $187
23.24 (f) Having over $10,000,000
23.25 gross sales for the immediately
23.26 previous license or fiscal year $500 $150 $250
23.27 $535 $161 $268
23.28 6. Wholesale food manufacturer
23.29 having the permission of the
23.30 commissioner to use the name
23.31 Minnesota Farmstead cheese $ 30 $ 10 $ 15
23.32 7. Nonresident frozen dairy
23.33 manufacturer $200 $ 50 $ 75
23.34 8. Wholesale food manufacturer
23.35 processing less than 700,000
23.36 pounds per year of raw milk $ 30 $ 10 $ 15
24.1 9. A milk marketing organization
24.2 without facilities for
24.3 processing or manufacturing
24.4 that purchases milk from milk
24.5 producers for delivery to a
24.6 licensed wholesale food
24.7 processor or manufacturer $ 50 $ 15 $ 25
24.8 Sec. 25. [28A.081] [CERTIFICATE FEES.]
24.9 A fee of $75 for each certificate shall be charged to all
24.10 food establishments that request certificates issued by the
24.11 Minnesota department of agriculture to facilitate the movement
24.12 of Minnesota processed and manufactured foods destined for
24.13 export from the state of Minnesota. Certificates include, but
24.14 are not limited to, certificates of free sale, certificates of
24.15 export, certificates of sanitation, sanitary certificates,
24.16 certificates of origin and/or free sale, certificates of health
24.17 and/or free sale, sanitation, and purity, certificate of free
24.18 trade, certificate of free sale, sanitation, purity, and origin,
24.19 certificate of health, sanitation, purity, and free sale, and
24.20 letter of plant certification.
24.21 A food establishment shall be billed within seven days for
24.22 certificates issued. The food establishment must submit payment
24.23 for certificates within ten days of the billing date. If
24.24 certificate fee payments are not received within 15 days of the
24.25 billing date, the department may not issue any future
24.26 certificates until previous fees due are paid in full.
24.27 Sec. 26. Minnesota Statutes 1998, section 31.94, is
24.28 amended to read:
24.29 31.94 [COMMISSIONER DUTIES.]
24.30 (a) The commissioner shall enforce sections 31.92 to 31.95.
24.31 The commissioner shall withhold from sale or trade any product
24.32 sold, labeled, or advertised in violation of sections 31.92 to
24.33 31.95.
24.34 (b) The commissioner shall investigate the offering for
24.35 sale, labeling, or advertising of an article or substance as
24.36 organically grown, organically processed, or produced in an
25.1 organic environment if there is reason to believe that action is
25.2 in violation of sections 31.92 to 31.95.
25.3 (c) The commissioner may adopt rules that further clarify
25.4 organic food standards and marketing practices.
25.5 (d) In order to promote opportunities for organic
25.6 agriculture in Minnesota, the commissioner shall:
25.7 (1) survey producers and support services and organizations
25.8 to determine information and research needs in the area of
25.9 organic agriculture practices;
25.10 (2) work with the University of Minnesota to demonstrate
25.11 the on-farm applicability of organic agriculture practices to
25.12 conditions in this state;
25.13 (3) direct the programs of the department so as to work
25.14 toward the promotion of organic agriculture in this state;
25.15 (4) inform agencies of how state or federal programs could
25.16 utilize and support organic agriculture practices; and
25.17 (5) work closely with farmers, the University of Minnesota,
25.18 the Minnesota trade office, and other appropriate organizations
25.19 to identify opportunities and needs as well as ensure
25.20 coordination and avoid duplication of state agency efforts
25.21 regarding research, teaching, and extension work relating to
25.22 organic agriculture.
25.23 (e) By November 15 of each even-numbered year the
25.24 commissioner, in conjunction with the task force created in
25.25 section 31.95, subdivision 3a, shall report on the status of
25.26 organic agriculture in Minnesota to the legislative policy and
25.27 finance committees and divisions with jurisdiction over
25.28 agriculture. The report must include:
25.29 (1) a description of current state or federal programs
25.30 directed toward organic agriculture, including significant
25.31 results and experiences of those programs;
25.32 (2) a description of specific actions the department of
25.33 agriculture is taking in the area of organic agriculture,
25.34 including the proportion of the department's budget spent on
25.35 organic agriculture;
25.36 (3) a description of current and future research needs at
26.1 all levels in the area of organic agriculture; and
26.2 (4) suggestions for changes in existing programs or
26.3 policies or enactment of new programs or policies that will
26.4 affect organic agriculture.
26.5 Sec. 27. Minnesota Statutes 1998, section 31.95,
26.6 subdivision 3a, is amended to read:
26.7 Subd. 3a. [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota
26.8 grown organic product that is labeled "certified" must be
26.9 certified by a designated certification organization.
26.10 (b) A certified organic product sold in this state must be
26.11 certified by a designated certification organization or by a
26.12 certification organization approved by the commissioner. Before
26.13 approving a certification organization, the commissioner must
26.14 seek the evaluation and recommendation of the Minnesota organic
26.15 advisory task force.
26.16 (c) The commissioner shall appoint a Minnesota organic
26.17 advisory task force composed of members of the organic industry
26.18 to advise the commissioner on organic issues. Members of the
26.19 task force may not be paid compensation or costs for expenses to
26.20 advise the commissioner on policies and practices to improve
26.21 organic agriculture in Minnesota. The task force shall consist
26.22 of the following residents of the state:
26.23 (1) three farmers using organic agriculture methods;
26.24 (2) one organic food retailer or distributor;
26.25 (3) one representative of organic food certification
26.26 agencies;
26.27 (4) one organic food processor;
26.28 (5) one representative from the Minnesota extension
26.29 service;
26.30 (6) one representative from an environmental nonprofit
26.31 organization;
26.32 (7) two at-large members; and
26.33 (8) one representative from the agricultural utilization
26.34 research institute. Terms, compensation, and removal of members
26.35 are governed by section 15.059, subdivision 6. The task
26.36 force must meet at least twice each year and expires on June 30,
27.1 2001 2003.
27.2 Sec. 28. [31B.32] [DAILY PRICE REPORTS.]
27.3 (a) At the close of each business day on which a packer
27.4 purchased or received on contract livestock for slaughter, the
27.5 packer must report to the United States Department of
27.6 Agriculture, agricultural marketing service, and the Minnesota
27.7 commissioner of agriculture all prices paid for livestock under
27.8 contract and through cash market sales during that business day,
27.9 including:
27.10 (1) the amount of the base price and a description of the
27.11 formula used to establish that base price;
27.12 (2) a description of the types and amount of any premiums
27.13 or discounts including, but not limited to, quality
27.14 characteristics, grade and yield, volume, early delivery,
27.15 percent lean, and transportation or acquisition cost savings to
27.16 the packer; and
27.17 (3) the basis on which payment was made including
27.18 live-weight, carcass weight, or value in the meat.
27.19 (b) The commissioner shall make information reported by
27.20 packers available to the public, through an electronic medium,
27.21 on the day succeeding the day covered by the packer's report.
27.22 The disclosure of information reported by the commissioner may
27.23 be made only in a form that ensures that:
27.24 (1) the identity of the parties involved in any transaction
27.25 described in a report is not disclosed;
27.26 (2) the identity of the packer submitting a report is not
27.27 disclosed; and
27.28 (3) the confidentiality of proprietary business information
27.29 is otherwise protected.
27.30 Sec. 29. Minnesota Statutes 1998, section 32.21,
27.31 subdivision 4, is amended to read:
27.32 Subd. 4. [PENALTIES.] (a) A person, other than a milk
27.33 producer, who violates this section is guilty of a misdemeanor
27.34 or subject to a civil penalty up to $1,000.
27.35 (b) A milk producer may not change milk plants within 30
27.36 days, without permission of the commissioner, after receiving
28.1 notification from the commissioner under paragraph (c) or (d)
28.2 that the milk producer has violated this section.
28.3 (c) A milk producer who violates subdivision 3, clause (1),
28.4 (2), (3), (4), or (5), is subject to clauses (1) to (3) of this
28.5 paragraph.
28.6 (1) Upon notification of the first violation in a 12-month
28.7 period, the producer must meet with the dairy plant field
28.8 service representative to initiate corrective action within 30
28.9 days.
28.10 (2) Upon the second violation within a 12-month period, the
28.11 producer is subject to a civil penalty of $300. The
28.12 commissioner shall notify the producer by certified mail stating
28.13 the penalty is payable in 30 days, the consequences of failure
28.14 to pay the penalty, and the consequences of future violations.
28.15 (3) Upon the third violation within a 12-month period, the
28.16 producer is subject to an additional civil penalty of $300 and
28.17 possible revocation of the producer's permit or certification.
28.18 The commissioner shall notify the producer by certified mail
28.19 that all civil penalties owed must be paid within 30 days and
28.20 that the commissioner is initiating administrative procedures to
28.21 revoke the producer's permit or certification to sell milk for
28.22 at least 30 days.
28.23 (d) The producer's shipment of milk must be immediately
28.24 suspended if the producer is identified as an individual source
28.25 of milk containing residues causing a bulk load of milk to test
28.26 positive in violation of subdivision 3, clause (6) or (7).
28.27 Shipment may resume The Grade A or manufacturing grade permit
28.28 must be converted to temporary status for not more than 30 days
28.29 and shipment may resume only after subsequent milk has been
28.30 sampled by the commissioner or the commissioner's agent and
28.31 found to contain no residues above established tolerances or
28.32 safe levels.
28.33 The Grade A or manufacturing grade permit may be restored
28.34 if the producer remains eligible only for manufacturing grade
28.35 until the producer completes the "Milk and Dairy Beef Residue
28.36 Prevention Protocol" with a licensed veterinarian, displays the
29.1 signed certificate in the milkhouse, and sends verification to
29.2 the commissioner within the 30-day temporary permit status
29.3 period. If the producer does not comply within the temporary
29.4 permit status period, the Grade A or manufacturing grade permit
29.5 must be suspended. A milk producer whose milk supply is in
29.6 violation of subdivision 3, clause (6) or (7), and has caused a
29.7 bulk load to test positive is subject to clauses (1) to (3) of
29.8 this paragraph.
29.9 (1) For the first violation in a 12-month period, a dairy
29.10 plant may collect from the responsible producer the value of the
29.11 contaminated truck load of milk. If the amount collected by the
29.12 plant is less than two days of milk production on that farm,
29.13 then the commissioner must assess the difference as a civil
29.14 penalty payable by the plant or marketing organization on behalf
29.15 of the responsible producer.
29.16 (2) For the second violation in a 12-month period, a dairy
29.17 plant may collect from the responsible producer the value of the
29.18 contaminated truck load of milk. If the amount collected by the
29.19 plant is less than four days of milk production on that farm,
29.20 then the commissioner must assess the difference as a civil
29.21 penalty payable by the plant or marketing organization on behalf
29.22 of the responsible producer.
29.23 (3) For the third violation in a 12-month period, a dairy
29.24 plant may collect from the responsible producer the value of the
29.25 contaminated load of milk. If the amount collected by the plant
29.26 is less than four days of milk production on that farm, then the
29.27 commissioner must assess the difference as a civil penalty
29.28 payable by the plant or marketing organization on behalf of the
29.29 responsible producer. The commissioner shall also notify the
29.30 producer by certified mail that the commissioner is initiating
29.31 administrative procedures to revoke the producer's right to sell
29.32 milk for a minimum of 30 days.
29.33 (4) If a bulk load of milk tests negative for residues and
29.34 there is a positive producer sample on the load, no civil
29.35 penalties may be assessed to the producer. The plant must
29.36 report the positive result within 24 hours and reject further
30.1 milk shipments from that producer until the producer's milk
30.2 tests negative. The department shall suspend the producer's
30.3 permit and count the violation on the producer's record. The
30.4 producer remains eligible only for manufacturing grade
30.5 until Grade A or manufacturing grade permit must be converted to
30.6 temporary status for not more than 30 days during which time the
30.7 producer reviews must review the "Milk and Dairy Beef Residue
30.8 Prevention Protocol" with a licensed veterinarian, display the
30.9 signed certificate in the milkhouse, and send verification to
30.10 the commissioner. To maintain a permit or certification to
30.11 market milk, this program must be reviewed within 30 days. If
30.12 these conditions are met, the Grade A or manufacturing grade
30.13 permit must be reinstated. If the producer does not comply
30.14 within the temporary permit status period, the Grade A or
30.15 manufacturing grade permit must be suspended.
30.16 (e) A milk producer that has been certified as completing
30.17 the "Milk and Dairy Beef Residue Prevention Protocol" within 12
30.18 months of the first violation of subdivision 3, clause (7), need
30.19 only review the cause of the violation with a field service
30.20 representative within three days to maintain Grade A or
30.21 manufacturing grade permit and shipping status if all other
30.22 requirements of this section are met.
30.23 (f) Civil penalties collected under this section must be
30.24 deposited in the milk inspection services account established in
30.25 this chapter.
30.26 Sec. 30. Minnesota Statutes 1998, section 32.394,
30.27 subdivision 9, is amended to read:
30.28 Subd. 9. [PAYMENTS; REFUNDS; DISPOSITION.] Fees are
30.29 payable by a processor or marketing organization by July 1 of
30.30 each year for Grade A, and by January 1 of each year for
30.31 manufacturing grade, and if not paid within 30 days of the due
30.32 date, the service must be discontinued, and permission to market
30.33 manufacturing grade or Grade A milk or milk products or use the
30.34 Grade A label must be withdrawn. A processor may terminate
30.35 payment and service without loss of the Grade A label if written
30.36 notice of that intention is given prior to the due date of the
31.1 payment of an assessment and if the continuous inspection of the
31.2 plant is assumed by a city whose milk control ordinance is
31.3 substantially equivalent to Minnesota law and rule and is
31.4 enforced with equal effectiveness. If a farm discontinues the
31.5 production of milk within six months of the billing date, a
31.6 request for a refund based on inspection services not received
31.7 may be made by the processor or by the marketing organization on
31.8 behalf of its patrons. This request must be made in writing by
31.9 July 1 for manufacturing grade, or by December 31 for Grade A,
31.10 and on approval by the commissioner refunds must be made to the
31.11 processor or marketing organization.
31.12 The fees for services performed by the activities of this
31.13 section must be deposited in the state treasury and constitute a
31.14 separate account to be known as the dairy services account,
31.15 which is hereby created. All money in the account, including
31.16 interest earned, is appropriated to the commissioner to
31.17 administer this chapter.
31.18 Sec. 31. Minnesota Statutes 1998, section 35.02,
31.19 subdivision 1, is amended to read:
31.20 Subdivision 1. [MEMBERS; OFFICERS.] The board has five
31.21 members appointed by the governor with the advice and consent of
31.22 the senate, three of whom are producers of livestock in the
31.23 state, and two of whom are practicing veterinarians licensed in
31.24 Minnesota. The dean of the college of veterinary medicine of
31.25 the University of Minnesota may serve as consultant to the board
31.26 without vote. Appointments to fill unexpired terms must be made
31.27 from the classes to which the retiring members belong. The
31.28 board shall elect a president and a vice-president from among
31.29 its members and a veterinarian licensed in Minnesota who is not
31.30 a member to be its executive secretary director for a term of
31.31 one year and until a successor qualifies. The board shall set
31.32 the duties of the secretary director.
31.33 Sec. 32. Minnesota Statutes 1998, section 35.04, is
31.34 amended to read:
31.35 35.04 [DUTY OF BOARDS OF HEALTH.]
31.36 Boards of health as defined in section 145A.02, subdivision
32.1 2, shall assist the board in the prevention, suppression,
32.2 control, and eradication of contagious and infectious dangerous
32.3 diseases among domestic animals when directed to do so by the
32.4 secretary director or any member of the board. Two or more
32.5 local boards may be required in emergencies to cooperate in
32.6 giving assistance. The rules of the state board prevail over
32.7 conflicting local board rules.
32.8 Sec. 33. Minnesota Statutes 1998, section 35.05, is
32.9 amended to read:
32.10 35.05 [AUTHORITY OF STATE BOARD.]
32.11 (a) The state board may quarantine or kill any domestic
32.12 animal infected with, or which has been exposed to, a contagious
32.13 or infectious dangerous disease if it is necessary to protect
32.14 the health of the domestic animals of the state.
32.15 (b) The board may regulate or prohibit the arrival in and
32.16 departure from the state of infected or exposed animals and, in
32.17 case of violation of any rule or prohibition, may detain any
32.18 animal at its owner's expense. The board may regulate or
32.19 prohibit the importation of domestic animals which, in its
32.20 opinion, may injure the health of Minnesota livestock.
32.21 (c) The board may implement the United States, Voluntary
32.22 Johne's Disease Herd Status Program for cattle.
32.23 (d) Rules adopted by the board under authority of this
32.24 chapter must be published in the State Register.
32.25 Sec. 34. Minnesota Statutes 1998, section 35.08, is
32.26 amended to read:
32.27 35.08 [KILLING OF DISEASED ANIMALS.]
32.28 If the board decides upon the killing of an animal affected
32.29 with tuberculosis, paratuberculosis, or brucellosis, it shall
32.30 notify the animal's owner or keeper of the decision. If the
32.31 board, through its executive secretary director, orders that an
32.32 animal may be transported for immediate slaughter to any
32.33 abattoir where the meat inspection division of the United States
32.34 Department of Agriculture maintains inspection, or where the
32.35 animal and plant health inspection service of the United States
32.36 Department of Agriculture or the board establishes field
33.1 postmortem inspection, the owner must receive the value of the
33.2 net salvage of the carcass.
33.3 Before the animal is removed from the premises of the
33.4 owner, the representative or authorized agent of the board must
33.5 agree with the owner in writing as to the value of the animal.
33.6 In the absence of an agreement, three competent, disinterested
33.7 persons, one appointed by the board, one by the owner, and a
33.8 third by the first two, shall appraise the animal at its full
33.9 replacement cost taking into consideration the purpose and use
33.10 of the animal.
33.11 The appraisement made under this section must be in
33.12 writing, signed by the appraisers, and certified by the board to
33.13 the commissioner of finance, who shall draw a warrant on the
33.14 state treasurer for the amount due the owner.
33.15 Sec. 35. Minnesota Statutes 1998, section 35.09,
33.16 subdivision 2, is amended to read:
33.17 Subd. 2. [EXCEPTIONS.] The owner of an animal is entitled
33.18 to the indemnity provided in subdivision 1, except in the
33.19 following cases:
33.20 (1) steers;
33.21 (2) animals which have not been kept in good faith for one
33.22 year or since their birth in the state;
33.23 (3) animals brought into the state, contrary to law or
33.24 rules of the board;
33.25 (4) animals diseased on arrival in the state;
33.26 (5) animals belonging to the United States;
33.27 (6) animals belonging to institutions maintained by the
33.28 state, a county, or a municipality;
33.29 (7) animals which the owner or claimant knew or should have
33.30 known were diseased at the time they were acquired;
33.31 (8) animals exposed to brucellosis through the owner's
33.32 negligence;
33.33 (9) animals which have been injected with brucellosis
33.34 vaccine, bacterin, or other preparations made from or through
33.35 the agency of Brucella Microorganisms unless it was done in
33.36 compliance with the rules of the board;
34.1 (10) animals belonging to a person who has received
34.2 indemnity as a result of a former inspection or tests and has
34.3 then introduced into the same herd any animals which have not
34.4 passed the tuberculin or brucellosis test;
34.5 (11) animals if the owner, agent, or person in possession
34.6 of them has not complied with the rules of the board with
34.7 respect to condemned animals;
34.8 (12) condemned animals which are not destroyed within 15
34.9 days after the date of appraisal, or for which the owner refuses
34.10 to sign the appraisal or report of the members of the appraisal
34.11 board, except that in extraordinary circumstances and in
34.12 meritorious cases and at the discretion of the executive
34.13 secretary director of the board the time limit of 15 days may be
34.14 extended an additional 15 days if the owner receives permission
34.15 from the executive secretary director within 15 days of the date
34.16 of appraisal;
34.17 (13) livestock affected with tuberculosis,
34.18 paratuberculosis, or brucellosis unless the entire herd of which
34.19 the affected livestock is a part, or from which the affected
34.20 livestock has originated, is examined and tested under the
34.21 supervision of the board, in order to determine if they are free
34.22 from the disease;
34.23 (14) livestock affected with tuberculosis,
34.24 paratuberculosis, or brucellosis unless the owner has carried
34.25 out the instructions of the board relating to cleaning,
34.26 disinfection, and rendering the stables and premises in a
34.27 sanitary condition within 15 days of the time of removal of the
34.28 animals from the premises, except when, because of inclement
34.29 weather or other extenuating circumstances, the time is extended
34.30 by the executive secretary director of the board;
34.31 (15) livestock affected with tuberculosis,
34.32 paratuberculosis, or brucellosis, if the owner has fed milk or
34.33 milk products derived from creameries which was not pasteurized
34.34 as required by state laws; and
34.35 (16) animals owned by a nonresident if neither the owner
34.36 nor the owner's agent breed livestock in Minnesota.
35.1 If, at any time, the annual appropriation for payment of
35.2 indemnities becomes exhausted as a result of condemnation and
35.3 slaughter of animals, the board shall discontinue making further
35.4 official tests or authorizing tests unless an owner signs a
35.5 waiver on blanks furnished by the board of payment of indemnity
35.6 for any animals that may be condemned as the result of a test
35.7 and inspection which releases the state from any obligation to
35.8 pay indemnity from any future appropriation.
35.9 Sec. 36. Minnesota Statutes 1998, section 35.09,
35.10 subdivision 2a, is amended to read:
35.11 Subd. 2a. [NONREACTORS; CATTLE INELIGIBLE FOR TEST.] The
35.12 board may condemn and appraise nonreactors to the brucellosis
35.13 test and exposed cattle not eligible to be tested from herds
35.14 affected with brucellosis and may pay the owner the difference
35.15 between the appraisal value and the salvage value up to $300 for
35.16 grade animals or $600 for purebred registered animals if the
35.17 board through its executive secretary director has determined
35.18 according to criteria adopted by the board that herd
35.19 depopulation is essential to the goal of bovine brucellosis
35.20 eradication. Indemnity payable by the state must be reduced by
35.21 the amount paid by the United States Department of Agriculture.
35.22 No indemnity may be paid for steers.
35.23 Sec. 37. Minnesota Statutes 1998, section 35.67, is
35.24 amended to read:
35.25 35.67 [RABIES INVESTIGATION.]
35.26 If the executive secretary director of the board of animal
35.27 health, or a board of health as defined in section 145A.02,
35.28 subdivision 2, receives a written complaint that rabies exists
35.29 in a town or city in the board's jurisdiction, the board of
35.30 health shall investigate, either personally or through
35.31 subordinate officers, the truth of the complaint. A board of
35.32 health may also make an investigation and determination
35.33 independently, without having received a complaint. The fact
35.34 that a board of health has investigated and determined that
35.35 rabies does not exist in a jurisdiction does not deprive the
35.36 executive secretary director of the board of animal health of
36.1 jurisdiction or authority to make an investigation and
36.2 determination with reference to the territory. For the purposes
36.3 of sections 35.67 to 35.69, the jurisdiction of the
36.4 executive secretary director of the board of animal health is
36.5 the entire state.
36.6 Sec. 38. Minnesota Statutes 1998, section 35.68, is
36.7 amended to read:
36.8 35.68 [RABIES PROCLAMATION.]
36.9 If a board of health as defined in section 145A.02,
36.10 subdivision 2, investigates and finds that rabies does exist in
36.11 a town or city the board of health shall make and file a
36.12 proclamation of the investigation and determination which
36.13 prohibits the owner or custodian of any dog from allowing the
36.14 dog to be at large within the town or city unless the dog is
36.15 effectively muzzled so that it cannot bite any other animal or
36.16 person.
36.17 If the executive secretary director of the board of animal
36.18 health, after investigation, has determined that rabies exists
36.19 in any territory in the state, similar proclamations must be
36.20 issued in all towns and cities within the territory or area in
36.21 which it is necessary to control the outbreak and prevent the
36.22 spread of the disease. The proclamation must prohibit the owner
36.23 or custodian of any dog within the designated territory from
36.24 permitting or allowing the dog to be at large within the
36.25 territory unless the dog is effectively muzzled so that it
36.26 cannot bite any other animal or person.
36.27 All local peace officers and boards of health shall enforce
36.28 sections 35.67 to 35.69.
36.29 A proclamation issued by the board of health must be filed
36.30 with the clerk of the political subdivision responsible for the
36.31 board of health. One issued by the executive secretary director
36.32 of the board of animal health must be filed with the clerk of
36.33 each town and city within the territory it covers.
36.34 Each officer with whom the proclamation is filed shall
36.35 publish a copy of it in one issue of a legal newspaper published
36.36 in the clerk's town or city if one is published there. If no
37.1 newspaper is published there, the clerk must post a copy of the
37.2 proclamation in three public places. Publication is at the
37.3 expense of the municipality.
37.4 Proof of publication must be by affidavit of the publisher
37.5 and proof of posting must be by the person doing the posting.
37.6 The affidavit must be filed with the proclamation. The
37.7 proclamation is effective five days after the publication or
37.8 posting and remains effective for the period of time not
37.9 exceeding six months specified in it by the board of health
37.10 making the proclamation.
37.11 Sec. 39. Minnesota Statutes 1998, section 35.82,
37.12 subdivision 1b, is amended to read:
37.13 Subd. 1b. [CARCASSES FOR PET OR MINK FOOD.] (a) The board,
37.14 through its executive secretary director, may issue a permit to
37.15 the owner or operator of a pet food processing establishment, a
37.16 mink rancher, or a supplier of an establishment, located within
37.17 the boundaries of Minnesota, to transport the carcasses of
37.18 domestic animals that have died or have been killed, other than
37.19 by being slaughtered for human or animal consumption, over the
37.20 public highways to the establishment for pet food or mink food
37.21 purposes only. The owners and operators of pet food processing
37.22 establishments or their suppliers and mink ranch operators
37.23 located in any adjacent state with which a reciprocal agreement
37.24 is in effect under subdivision 3 are not required to possess a
37.25 permit issued under this subdivision. The permit is valid for
37.26 one year following the date of issue unless it is revoked.
37.27 (b) The owner or operator of a pet food processing plant or
37.28 mink ranch shall employ an official veterinarian. A
37.29 veterinarian named in the permit application who is accepted by
37.30 the board to act as the official veterinarian is authorized to
37.31 act as its representative.
37.32 (c) Carcasses collected by owners or operators under permit
37.33 may be used for pet food or mink food purposes if the official
37.34 veterinarian examines them and finds them suitable for pet food
37.35 or mink food purposes.
37.36 (d) Carcasses not passed by the official veterinarian for
38.1 pet food or mink food purposes must be disposed of by a
38.2 rendering plant operating under permit from the board.
38.3 (e) The board must require pet food processing
38.4 establishments, owners and operators of mink ranches, and
38.5 suppliers of these establishments to conform to rules of the
38.6 board applicable to rendering plants within the state.
38.7 Sec. 40. Minnesota Statutes 1998, section 35.82,
38.8 subdivision 2, is amended to read:
38.9 Subd. 2. [DISPOSITION OF CARCASSES.] (a) Except as
38.10 provided in subdivision 1b and paragraph (d), every person
38.11 owning or controlling any domestic animal that has died or been
38.12 killed otherwise than by being slaughtered for human or animal
38.13 consumption, shall as soon as reasonably possible bury the
38.14 carcass at a depth adequate to prevent scavenging by other
38.15 animals in the ground or thoroughly burn it or dispose of it by
38.16 another method approved by the board as being effective for the
38.17 protection of public health and the control of livestock
38.18 diseases. The board, through its executive secretary director,
38.19 may issue permits to owners of rendering plants located in
38.20 Minnesota which are operated and conducted as required by law,
38.21 to transport carcasses of domestic animals and fowl that have
38.22 died, or have been killed otherwise than by being slaughtered
38.23 for human or animal consumption, over the public highways to
38.24 their plants for rendering purposes in accordance with the rules
38.25 adopted by the board relative to transportation, rendering, and
38.26 other provisions the board considers necessary to prevent the
38.27 spread of disease. The board may issue permits to owners of
38.28 rendering plants located in an adjacent state with which a
38.29 reciprocal agreement is in effect under subdivision 3.
38.30 (b) Carcasses collected by rendering plants under permit
38.31 may be used for pet food or mink food if the owner or operator
38.32 meets the requirements of subdivision 1b.
38.33 (c) An authorized employee or agent of the board may enter
38.34 private or public property and inspect the carcass of any
38.35 domestic animal that has died or has been killed other than by
38.36 being slaughtered for human or animal consumption. Failure to
39.1 dispose of the carcass of any domestic animal within the period
39.2 specified by this subdivision is a public nuisance. The board
39.3 may petition the district court of the county in which a carcass
39.4 is located for a writ requiring the abatement of the public
39.5 nuisance. A civil action commenced under this paragraph does
39.6 not preclude a criminal prosecution under this section. No
39.7 person may sell, offer to sell, give away, or convey along a
39.8 public road or on land the person does not own, the carcass of a
39.9 domestic animal when the animal died or was killed other than by
39.10 being slaughtered for human or animal consumption unless it is
39.11 done with a special permit pursuant to this section. The
39.12 carcass or parts of a domestic animal that has died or has been
39.13 killed other than by being slaughtered for human or animal
39.14 consumption may be transported along a public road for a medical
39.15 or scientific purpose if the carcass is enclosed in a leakproof
39.16 container to prevent spillage or the dripping of liquid waste.
39.17 The board may adopt rules relative to the transportation of the
39.18 carcass of any domestic animal for a medical or scientific
39.19 purpose. A carcass on a public thoroughfare may be transported
39.20 for burial or other disposition in accordance with this section.
39.21 No person who owns or controls diseased animals shall
39.22 negligently or willfully permit them to escape from that control
39.23 or to run at large.
39.24 (d) A sheep producer may compost sheep carcasses owned by
39.25 the producer on the producer's land without a permit and is
39.26 exempt from compost facility specifications contained in rules
39.27 of the board.
39.28 (e) The board shall develop best management practices for
39.29 dead animal disposal and the pollution control agency feedlot
39.30 program shall distribute them to livestock producers in the
39.31 state.
39.32 Sec. 41. Minnesota Statutes 1998, section 35.82,
39.33 subdivision 3, is amended to read:
39.34 Subd. 3. [RECIPROCITY.] The executive secretary director
39.35 of the board may enter into a reciprocal agreement on behalf of
39.36 this state with an adjacent state which provides for permits to
40.1 be issued to rendering plants, pet food processing
40.2 establishments or suppliers of establishments, and mink ranch
40.3 operators located in either state to transport carcasses to
40.4 their plants, establishments, or ranches over the public
40.5 highways of this state and the reciprocating state.
40.6 This subdivision applies if the adjacent state has in
40.7 effect standards and requirements which are the equivalent of
40.8 the standards and requirements of this state as established by
40.9 the board.
40.10 Sec. 42. Minnesota Statutes 1998, section 35.92,
40.11 subdivision 5, is amended to read:
40.12 Subd. 5. [SUBPOENAS.] The board of animal health through
40.13 its executive secretary director may issue subpoenas to compel
40.14 the attendance of witnesses or submission of books, documents,
40.15 and records affecting the authority or privilege granted by a
40.16 license, registration, certification, or permit issued under
40.17 this chapter or by the board or issued by the commissioner of
40.18 agriculture if agreed to by the commissioner.
40.19 Sec. 43. Minnesota Statutes 1998, section 35.93,
40.20 subdivision 1, is amended to read:
40.21 Subdivision 1. [ADMINISTRATIVE REMEDIES.] The board of
40.22 animal health may seek to remedy violations by authorizing the
40.23 executive secretary director to issue a written warning,
40.24 administrative meeting, cease and desist, stop-sale, or other
40.25 special order, seizure, stipulation, or agreement, if the board
40.26 determines that the remedy is in the public interest.
40.27 Sec. 44. Minnesota Statutes 1998, section 41A.09,
40.28 subdivision 3a, is amended to read:
40.29 Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture
40.30 shall make cash payments to producers of ethanol, anhydrous
40.31 alcohol, and wet alcohol located in the state. These payments
40.32 shall apply only to ethanol, anhydrous alcohol, and wet alcohol
40.33 fermented in the state and produced at plants that have begun
40.34 production by June 30, 2000. For the purpose of this
40.35 subdivision, an entity that holds a controlling interest in more
40.36 than one ethanol plant is considered a single producer. The
41.1 amount of the payment for each producer's annual production is:
41.2 (1) except as provided in paragraph (b), for each gallon of
41.3 ethanol or anhydrous alcohol produced on or before June 30,
41.4 2000, or ten years after the start of production, whichever is
41.5 later, 20 cents per gallon; and
41.6 (2) for each gallon produced of wet alcohol on or before
41.7 June 30, 2000, or ten years after the start of production,
41.8 whichever is later, a payment in cents per gallon calculated by
41.9 the formula "alcohol purity in percent divided by five," and
41.10 rounded to the nearest cent per gallon, but not less than 11
41.11 cents per gallon.
41.12 The producer payments for anhydrous alcohol and wet alcohol
41.13 under this section may be paid to either the original producer
41.14 of anhydrous alcohol or wet alcohol or the secondary processor,
41.15 at the option of the original producer, but not to both.
41.16 (b) If the level of production at an ethanol plant
41.17 increases due to an increase in the production capacity of the
41.18 plant and the increased production begins by June 30, 2000, the
41.19 payment under paragraph (a), clause (1), applies to the
41.20 additional increment of production until ten years after the
41.21 increased production began. Once a plant's production capacity
41.22 reaches 15,000,000 gallons per year, no additional increment
41.23 will qualify for the payment.
41.24 (c) The commissioner shall make payments to producers of
41.25 ethanol or wet alcohol in the amount of 1.5 cents for each
41.26 kilowatt hour of electricity generated using closed-loop biomass
41.27 in a cogeneration facility at an ethanol plant located in the
41.28 state. Payments under this paragraph shall be made only for
41.29 electricity generated at cogeneration facilities that begin
41.30 operation by June 30, 2000. The payments apply to electricity
41.31 generated on or before the date ten years after the producer
41.32 first qualifies for payment under this paragraph. Total
41.33 payments under this paragraph in any fiscal year may not exceed
41.34 $750,000. For the purposes of this paragraph:
41.35 (1) "closed-loop biomass" means any organic material from a
41.36 plant that is planted for the purpose of being used to generate
42.1 electricity or for multiple purposes that include being used to
42.2 generate electricity; and
42.3 (2) "cogeneration" means the combined generation of:
42.4 (i) electrical or mechanical power; and
42.5 (ii) steam or forms of useful energy, such as heat, that
42.6 are used for industrial, commercial, heating, or cooling
42.7 purposes.
42.8 (d) Except for new production capacity approved under
42.9 paragraph (i), clause (1), The total payments under paragraphs
42.10 (a) and (b) to all producers may not
42.11 exceed $34,000,000 $38,000,000 in a fiscal year. Total payments
42.12 under paragraphs (a) and (b) to a producer in a fiscal year may
42.13 not exceed $3,000,000.
42.14 (e) By the last day of October, January, April, and July,
42.15 each producer shall file a claim for payment for ethanol,
42.16 anhydrous alcohol, and wet alcohol production during the
42.17 preceding three calendar months. A producer with more than one
42.18 plant shall file a separate claim for each plant. A producer
42.19 shall file a separate claim for the original production capacity
42.20 of each plant and for each additional increment of production
42.21 that qualifies under paragraph (b). A producer that files a
42.22 claim under this subdivision shall include a statement of the
42.23 producer's total ethanol, anhydrous alcohol, and wet alcohol
42.24 production in Minnesota during the quarter covered by the claim,
42.25 including anhydrous alcohol and wet alcohol produced or received
42.26 from an outside source. A producer shall file a separate claim
42.27 for any amount claimed under paragraph (c). For each claim and
42.28 statement of total ethanol, anhydrous alcohol, and wet alcohol
42.29 production filed under this subdivision, the volume of ethanol,
42.30 anhydrous alcohol, and wet alcohol production or amounts of
42.31 electricity generated using closed-loop biomass must be examined
42.32 by an independent certified public accountant in accordance with
42.33 standards established by the American Institute of Certified
42.34 Public Accountants.
42.35 (f) Payments shall be made November 15, February 15, May
42.36 15, and August 15. A separate payment shall be made for each
43.1 claim filed. The total quarterly payment to a producer under
43.2 this paragraph, excluding amounts paid under paragraph (c), may
43.3 not exceed $750,000. Except for new production capacity
43.4 approved under paragraph (i), clause (1), If the total amount
43.5 for which all other producers are eligible in a quarter under
43.6 paragraphs (a) and (b) exceeds $8,500,000 $10,000,000, the
43.7 commissioner shall make payments for production capacity that is
43.8 subject to this restriction in the order in which the portion of
43.9 production capacity covered by each claim went into production.
43.10 (g) If the total amount for which all producers are
43.11 eligible in a quarter under paragraph (c) exceeds the amount
43.12 available for payments, the commissioner shall make payments in
43.13 the order in which the plants covered by the claims began
43.14 generating electricity using closed-loop biomass.
43.15 (h) After July 1, 1997, new production capacity is only
43.16 eligible for payment under this subdivision if the commissioner
43.17 receives:
43.18 (1) an application for approval of the new production
43.19 capacity;
43.20 (2) an appropriate letter of long-term financial commitment
43.21 for construction of the new production capacity; and
43.22 (3) copies of all necessary permits for construction of the
43.23 new production capacity.
43.24 The commissioner may approve new production capacity based
43.25 on the order in which the applications are received.
43.26 (i) After April 22, 1998, the commissioner may only
43.27 approve: (1) up to 12,000,000 gallons of new production
43.28 capacity at one plant that has not previously received approval
43.29 or payment for any production capacity; or (2) new production
43.30 capacity at approved or existing plants not to exceed planned
43.31 expansions reported to the commissioner by February 1997 1999.
43.32 The commissioner may not approve any new production capacity
43.33 after July 1, 1998 1999.
43.34 (j) For the purposes of this subdivision "new production
43.35 capacity" means annual ethanol production capacity that was not
43.36 allowed under a permit issued by the pollution control agency
44.1 prior to July 1, 1997, or for which construction did not begin
44.2 prior to July 1, 1997.
44.3 Sec. 45. Minnesota Statutes 1998, section 41D.02,
44.4 subdivision 2, is amended to read:
44.5 Subd. 2. [ELEMENTARY AND SECONDARY AGRICULTURAL
44.6 EDUCATION.] The council may provide grants for:
44.7 (1) planning and establishment costs for elementary and
44.8 secondary agriculture education programs;
44.9 (2) new instructional and communication technologies; and
44.10 (3) curriculum updates.
44.11 Sec. 46. Minnesota Statutes 1998, section 103F.515,
44.12 subdivision 2, is amended to read:
44.13 Subd. 2. [ELIGIBLE LAND.] (a) Land may be placed in the
44.14 conservation reserve program if the land meets the requirements
44.15 of paragraphs (b) and (c).
44.16 (b) Land is eligible if the land:
44.17 (1) is marginal agricultural land;
44.18 (2) is adjacent to marginal agricultural land and is either
44.19 beneficial to resource protection or necessary for efficient
44.20 recording of the land description;
44.21 (3) consists of a drained wetland;
44.22 (4) is land that with a windbreak would be beneficial to
44.23 resource protection;
44.24 (5) is land in a sensitive groundwater area;
44.25 (6) is riparian land;
44.26 (7) is cropland or noncropland adjacent to restored
44.27 wetlands to the extent of up to four acres of cropland or one
44.28 acre of noncropland for each acre of wetland restored;
44.29 (8) is a woodlot on agricultural land;
44.30 (9) is abandoned building site on agricultural land,
44.31 provided that funds are not used for compensation of the value
44.32 of the buildings; or
44.33 (10) is land on a hillside used for pasture.
44.34 (c) Eligible land under paragraph (a) must:
44.35 (1) be owned by the landowner, or a parent or other blood
44.36 relative of the landowner, for at least one year before the date
45.1 of application;
45.2 (2) be at least five acres in size, except for a drained
45.3 wetland area, riparian area, windbreak, woodlot, or abandoned
45.4 building site, or be a whole field as defined by the United
45.5 States Agricultural Stabilization and Conservation Services;
45.6 (3) not be set aside, enrolled or diverted under another
45.7 federal or state government program unless enrollment in the
45.8 conservation reserve program would provide additional
45.9 conservation benefits or a longer term of enrollment than under
45.10 the current federal or state program; and
45.11 (4) have been in agricultural crop production for at least
45.12 two of the last five years before the date of application except
45.13 drained wetlands, riparian lands, woodlots, abandoned building
45.14 sites, or land on a hillside used for pasture.
45.15 (d) In selecting drained wetlands for enrollment in the
45.16 program, the highest priority must be given to wetlands with a
45.17 cropping history during the period 1976 to 1985.
45.18 (e) In selecting land for enrollment in the program,
45.19 highest priority must be given to permanent easements that are
45.20 consistent with the purposes stated in section 103F.505.
45.21 Sec. 47. Minnesota Statutes 1998, section 156.001,
45.22 subdivision 2, is amended to read:
45.23 Subd. 2. [ACCREDITED OR APPROVED COLLEGE OF VETERINARY
45.24 MEDICINE.] "Accredited or approved college of veterinary
45.25 medicine" means a veterinary college or division of a university
45.26 or college that offers the degree of doctor of veterinary
45.27 medicine or its equivalent and that conforms to the standards
45.28 required for accreditation or approval by the American
45.29 Veterinary Medical Association Council on Education.
45.30 Sec. 48. Minnesota Statutes 1998, section 156.001,
45.31 subdivision 3, is amended to read:
45.32 Subd. 3. [ANIMAL.] "Animal" does not include poultry or
45.33 birds of any kind.
45.34 Sec. 49. Minnesota Statutes 1998, section 156.001, is
45.35 amended by adding a subdivision to read:
45.36 Subd. 5a. [FIRM.] "Firm" includes a corporation, limited
46.1 liability company, and limited liability partnership, wherever
46.2 incorporated, organized, or registered.
46.3 Sec. 50. Minnesota Statutes 1998, section 156.01,
46.4 subdivision 3, is amended to read:
46.5 Subd. 3. [OFFICERS.] The board shall elect from its number
46.6 a president and such other officers as are necessary, all from
46.7 within its membership. One person may hold the offices of both
46.8 secretary and treasurer. The board shall have a seal and the
46.9 power to subpoena witnesses, to administer oaths, and take
46.10 testimony. It shall make, alter, or amend such rules as may be
46.11 that are necessary to carry this chapter into effect the
46.12 provisions of this chapter. It shall hold examinations for
46.13 applicants for license to engage in veterinary practice at a
46.14 time and place of its own choosing. Notice of such an
46.15 examination shall must be posted 90 days before the date set for
46.16 an the examination in all veterinary schools approved by the
46.17 board in the state, and shall must be published in the journal
46.18 of the American Veterinary Medical Association. American
46.19 Association of Veterinary State Boards "Directory of Veterinary
46.20 Licensure Requirements." The board may hold such other meetings
46.21 as it deems necessary; but no meeting shall exceed three days
46.22 duration.
46.23 Sec. 51. Minnesota Statutes 1998, section 156.02,
46.24 subdivision 1, is amended to read:
46.25 Subdivision 1. [LICENSE APPLICATION.] Application for a
46.26 license to practice veterinary medicine in this state shall be
46.27 made in writing to the board of veterinary medicine upon a form
46.28 furnished by the board, accompanied by satisfactory evidence
46.29 that the applicant is at least 18 years of age, is of good moral
46.30 character, and has one of the following:
46.31 (1) a diploma conferring the degree of doctor of veterinary
46.32 medicine, or an equivalent degree, from an accredited or
46.33 approved college of veterinary medicine;
46.34 (2) an ECFVG certificate; or
46.35 (3) a certificate from the dean of an accredited or
46.36 approved college of veterinary medicine stating that the
47.1 applicant is a student in good standing expecting to be
47.2 graduated at the completion of the current academic year of the
47.3 college in which the applicant is enrolled.
47.4 The application shall contain the information and material
47.5 required by subdivision 2 and any other information that the
47.6 board may, in its sound judgment, require. The application
47.7 shall be filed with the board at least 45 60 days before the
47.8 date of the examination. If the board deems it advisable, it
47.9 may require that such application be verified by the oath of the
47.10 applicant.
47.11 Sec. 52. Minnesota Statutes 1998, section 156.02,
47.12 subdivision 2, is amended to read:
47.13 Subd. 2. [REQUIRED WITH APPLICATION.] Every application
47.14 shall contain the following information and material:
47.15 (1) the application fee set by the board in the form of a
47.16 check or money order payable to the board, which fee is not
47.17 returnable in the event permission to take the examination is
47.18 denied for good cause;
47.19 (2) a copy of a diploma from an accredited or approved
47.20 college of veterinary medicine or a certificate from the dean or
47.21 secretary of an accredited or approved college of veterinary
47.22 medicine showing the time spent in the school and the date when
47.23 the applicant was duly and regularly graduated or will duly and
47.24 regularly graduate or verification of ECFVG certification;
47.25 (3) affidavits of at least two veterinarians and three
47.26 adults who are not related to the applicant setting forth how
47.27 long a time, when, and under what circumstances they have known
47.28 the applicant, and any other facts as may be proper to enable
47.29 the board to determine the qualifications of the applicant; and
47.30 (4) if the applicant has served in the armed forces, a copy
47.31 of discharge papers.
47.32 Sec. 53. Minnesota Statutes 1998, section 156.03, is
47.33 amended to read:
47.34 156.03 [EXAMINATION; PAYMENT.]
47.35 Upon filing the application and any other papers,
47.36 affidavits, or proof that the board of veterinary medicine may
48.1 require, together with the payment to the board of a fee as set
48.2 by the board, the board, if satisfied, shall issue to the
48.3 applicant for license an order for examination. Every applicant
48.4 for a license shall submit to a theoretical or practical
48.5 examination, or both, as designated by the board. The
48.6 examination may be oral, or written, or both of the application
48.7 fee and appropriate examination fee as set by the board, the
48.8 board shall issue to the applicant a permit to take the national
48.9 examination in veterinary medicine and the Minnesota Veterinary
48.10 Jurisprudence Examination. All applicants must be evaluated
48.11 using an examination prescribed by the board. A passing score
48.12 for the national examination must be the criterion referenced
48.13 passing score as determined by the National Board Examination
48.14 Committee.
48.15 Sec. 54. Minnesota Statutes 1998, section 156.072, is
48.16 amended to read:
48.17 156.072 [NONRESIDENTS; LICENSES.]
48.18 Subdivision 1. [APPLICATION.] A doctor of veterinary
48.19 medicine duly admitted to practice in any of the other states or
48.20 territories or District of Columbia state, commonwealth,
48.21 territory, or district of the United States or province of
48.22 Canada desiring permission to practice veterinary medicine in
48.23 this state shall submit an application to the board upon forms
48.24 prescribed by the board. Upon proof of licensure to practice in
48.25 any other state or territory or in the District of
48.26 Columbia United States or Canadian jurisdiction and having been
48.27 actively engaged in practicing veterinary medicine therein, for
48.28 at least three of the five years next preceding the application,
48.29 or having been engaged in full time teaching of veterinary
48.30 medicine in an approved or accredited college for at least three
48.31 of the five years next preceding the application, or any
48.32 combination thereof, the national examination in veterinary
48.33 medicine may be waived, upon the recommendation of the board,
48.34 and the applicant be admitted to practice without examination.
48.35 However, the board may impose any other tests as examinations it
48.36 considers proper.
49.1 Subd. 2. [REQUIRED WITH APPLICATION.] Such doctor of
49.2 veterinary medicine shall accompany the application by the
49.3 following:
49.4 (1) a copy of a diploma from an accredited or approved
49.5 college of veterinary medicine or certification from the dean,
49.6 registrar, or secretary of an accredited or approved college of
49.7 veterinary medicine attesting to the applicants graduation from
49.8 an accredited or approved college of veterinary medicine, or a
49.9 certificate of satisfactory completion of the ECFVG program.
49.10 (2) affidavits of two licensed practicing doctors of
49.11 veterinary medicine of the state, territory or District of
49.12 Columbia so certifying residing in the United States or Canadian
49.13 licensing jurisdiction in which the applicant is currently
49.14 practicing, attesting that they are well acquainted with such
49.15 the applicant, that the applicant is a person of good moral
49.16 character, and has been actively engaged in practicing or
49.17 teaching as the case may be in such state, territory, or
49.18 District of Columbia jurisdiction for the period above
49.19 prescribed;
49.20 (2) (3) a certificate from the regulatory agency having
49.21 jurisdiction over the conduct of practice of veterinary medicine
49.22 that such applicant is in good standing and is not the subject
49.23 of disciplinary action or pending disciplinary action;
49.24 (3) (4) a certificate from all other jurisdictions in which
49.25 the applicant holds a currently active license or held a license
49.26 within the past ten years, stating that the applicant is and was
49.27 in good standing and has not been subject to disciplinary
49.28 action; and
49.29 (4) (5) in lieu of clauses (3) and (4), certification from
49.30 the Veterinary Information Verification Agency that the
49.31 applicant's licensure is in good standing;
49.32 (6) a fee as set by the board in form of check or money
49.33 order payable to the board, no part of which shall be refunded
49.34 should the application be denied;
49.35 (7) score reports on previously taken national examinations
49.36 in veterinary medicine, certified by the Veterinary Information
50.1 Verification Agency; and
50.2 (8) if requesting waiver of examination, provide evidence
50.3 of meeting licensure requirements in the state of the
50.4 applicant's original licensure that were substantially equal to
50.5 the requirements for licensure in Minnesota in existence at that
50.6 time.
50.7 Subd. 3. [EXAMINATION.] A doctor of veterinary medicine
50.8 duly admitted to practice in any of the other states or
50.9 territories or in the District of Columbia state, commonwealth,
50.10 territory, or district of the United States or province of
50.11 Canada desiring admission to practice in this state but who has
50.12 not been actively engaged in the practice thereof for at least
50.13 three of the preceding five years must be examined for admission
50.14 in accordance with the requirements prescribed herein for those
50.15 not admitted to practice anywhere.
50.16 Subd. 4. [TEMPORARY PERMIT.] The board may issue without
50.17 examination a temporary permit to practice veterinary medicine
50.18 in this state to a person who has submitted an application
50.19 approved by the board for license pending examination, and holds
50.20 a doctor of veterinary medicine degree or an equivalent degree
50.21 from an approved or accredited veterinary college of veterinary
50.22 medicine or an ECFVG certification. The temporary permit shall
50.23 expire the day after publication of the notice of results of the
50.24 first examination given after the permit is issued. No
50.25 temporary permit may be issued to any applicant who has
50.26 previously failed the national examination in this state or in
50.27 any other state, territory, or district of the United States or
50.28 a foreign country and is currently not licensed in any licensing
50.29 jurisdiction of the United States or Canada or to any person
50.30 whose license has been revoked or suspended or who is currently
50.31 subject to a disciplinary order in any licensing jurisdiction of
50.32 the United States or Canada.
50.33 Sec. 55. [156.074] [TEMPORARY LICENSE.]
50.34 A graduate of a nonaccredited or approved college of
50.35 veterinary medicine, who has satisfactorily completed the fourth
50.36 year of clinical study at an approved or accredited college of
51.1 veterinary medicine and has successfully passed the national
51.2 examination in veterinary medicine and the Minnesota Veterinary
51.3 Jurisprudence Examination, and is enrolled in the ECFVG program,
51.4 may be granted a temporary license. The holder of a temporary
51.5 license issued under these provisions must practice under the
51.6 supervision of a Minnesota licensed veterinarian. The temporary
51.7 license is valid until the candidate obtains ECFVG certification
51.8 or for a maximum of two years from the date of issue.
51.9 Sec. 56. Minnesota Statutes 1998, section 156.10, is
51.10 amended to read:
51.11 156.10 [UNLAWFUL PRACTICE WITHOUT LICENSE OR PERMIT; GROSS
51.12 MISDEMEANOR.]
51.13 It shall be unlawful is a gross misdemeanor for any person
51.14 to practice veterinary medicine in the state without having
51.15 first secured a veterinary license or temporary permit, as
51.16 provided in this chapter, and any person violating the
51.17 provisions of this section shall be guilty of a gross
51.18 misdemeanor and punished therefor according to the laws of the
51.19 state.
51.20 Sec. 57. Minnesota Statutes 1998, section 156.11, is
51.21 amended to read:
51.22 156.11 [CORPORATIONS FIRMS NOT TO PRACTICE.]
51.23 (a) It shall be is unlawful in the state of Minnesota for
51.24 any corporation firm, other than one organized pursuant to
51.25 chapter 319A or 319B, to practice veterinary medicine, or to
51.26 hold itself out or advertise itself in any way as being entitled
51.27 to practice veterinary medicine, or to receive the fees, or
51.28 portions of fees, or gifts or other emoluments or
51.29 benefits compensation derived from the practice of veterinary
51.30 medicine, or the performance of veterinary services by any
51.31 person, whether such that person be is licensed to practice
51.32 veterinary medicine or not. Any corporation firm violating the
51.33 provisions of this section shall be is guilty of a gross
51.34 misdemeanor and must be fined not more than $3,000 for each
51.35 offense, and. Each day that this chapter section is violated
51.36 shall be considered is a separate offense.
52.1 (b) Notwithstanding section 319B.08, a veterinary medical
52.2 practice firm has 12 months after the death of an owner before
52.3 all of the owner's ownership interest must be acquired by the
52.4 practice, by persons permitted to own the ownership interest, or
52.5 by some combination.
52.6 Sec. 58. Minnesota Statutes 1998, section 156.12,
52.7 subdivision 2, is amended to read:
52.8 Subd. 2. [AUTHORIZED ACTIVITIES.] No provision of this
52.9 chapter shall be construed to prohibit:
52.10 (a) a person from rendering necessary gratuitous assistance
52.11 in the treatment of any animal when the assistance does not
52.12 amount to prescribing, testing for, or diagnosing, operating, or
52.13 vaccinating and when the attendance of a licensed veterinarian
52.14 cannot be procured;
52.15 (b) a person who is a regular student in an accredited or
52.16 approved college of veterinary medicine from performing duties
52.17 or actions assigned by instructors or preceptors or working
52.18 under the direct supervision of a licensed veterinarian;
52.19 (c) a veterinarian regularly licensed in another
52.20 jurisdiction from consulting with a licensed veterinarian in
52.21 this state;
52.22 (d) the owner of an animal and the owner's regular employee
52.23 from caring for and treating administering to the animal
52.24 belonging to the owner, except where the ownership of the animal
52.25 was transferred for purposes of circumventing this chapter;
52.26 (e) veterinarians employed by the University of Minnesota
52.27 from performing their duties with the college of veterinary
52.28 medicine, college of agriculture, agricultural experiment
52.29 station, agricultural extension service, medical school, school
52.30 of public health, or other unit within the university; or a
52.31 person from lecturing or giving instructions or demonstrations
52.32 at the university or in connection with a continuing education
52.33 course or seminar to veterinarians;
52.34 (f) any person from selling or applying any pesticide,
52.35 insecticide or herbicide;
52.36 (g) any person from engaging in bona fide scientific
53.1 research or investigations which reasonably requires
53.2 experimentation involving animals;
53.3 (h) any employee of a licensed veterinarian from performing
53.4 duties other than diagnosis, prescription or surgical correction
53.5 under the direction and supervision of the veterinarian, who
53.6 shall be responsible for the performance of the employee;
53.7 (i) a graduate of a foreign college of veterinary medicine
53.8 from working under the direct personal instruction, control, or
53.9 supervision of a veterinarian faculty member of the College of
53.10 Veterinary Medicine, University of Minnesota in order to
53.11 complete the requirements necessary to obtain an ECFVG
53.12 certificate.
53.13 Sec. 59. Minnesota Statutes 1998, section 156.12,
53.14 subdivision 4, is amended to read:
53.15 Subd. 4. [TITLES.] It shall be is unlawful for a person
53.16 who has not received a professional degree from an accredited or
53.17 approved college of veterinary medicine, or ECFVG certification,
53.18 to use any of the following titles or designations: Veterinary,
53.19 veterinarian, animal doctor, animal surgeon, animal
53.20 dentist, animal chiropractor, animal acupuncturist, or any other
53.21 title, designation, word, letter, abbreviation, sign, card, or
53.22 device tending to indicate that the person is qualified to
53.23 practice veterinary medicine.
53.24 Sec. 60. Minnesota Statutes 1998, section 216B.2424, is
53.25 amended by adding a subdivision to read:
53.26 Subd. 6. [FUEL SUPPLY CONTRACT.] Notwithstanding any other
53.27 provision of this section, a public utility may satisfy up to 75
53.28 megawatts of the mandate in subdivision 5 by converting power
53.29 purchase agreements entered into to satisfy that mandate and
53.30 executed prior to March 15, 1999, into fuel supply agreements
53.31 between the same parties.
53.32 Sec. 61. Minnesota Statutes 1998, section 239.791,
53.33 subdivision 1, is amended to read:
53.34 Subdivision 1. [MINIMUM OXYGEN CONTENT REQUIRED.] Except
53.35 as provided in subdivisions 10 to 12 14, a person responsible
53.36 for the product shall comply with the following requirements:
54.1 (a) After October 1, 1995, gasoline sold or offered for
54.2 sale at any time in a carbon monoxide control area must contain
54.3 at least 2.7 percent oxygen by weight.
54.4 (b) After October 1, 1997, all gasoline sold or offered for
54.5 sale in Minnesota must contain at least 2.7 percent oxygen by
54.6 weight.
54.7 Sec. 62. Minnesota Statutes 1998, section 239.791,
54.8 subdivision 12, is amended to read:
54.9 Subd. 12. [EXEMPTION FOR COLLECTOR VEHICLE AND OFF-ROAD
54.10 USE.] (a) Except during a carbon monoxide control period in a
54.11 carbon monoxide control area, A person responsible for the
54.12 product may offer for sale, sell, or dispense at a retail
54.13 gasoline station for use in collector vehicles or vehicles
54.14 eligible to be licensed as collector vehicles, off-road
54.15 vehicles, motorcycles, boats, snowmobiles, or small engines,
54.16 gasoline that is not oxygenated in accordance with subdivision 1
54.17 if the person meets the conditions in paragraphs (b)
54.18 to (d) (e). If the nonoxygenated gasoline is for use in a small
54.19 engine, it must be dispensed into a can with a capacity of six
54.20 or fewer gallons.
54.21 (b) The nonoxygenated gasoline must be unleaded premium
54.22 grade as defined in section 239.751, subdivision 4.
54.23 (c) No more than one storage tank on the premises of the
54.24 retail gasoline station may be used for storage of the
54.25 nonoxygenated gasoline offered for sale, sold, or dispensed by
54.26 the station.
54.27 (d) The pump stands must be posted with a permanent notice
54.28 stating: "NONOXYGENATED GASOLINE. FOR USE IN COLLECTOR
54.29 VEHICLES OR VEHICLES ELIGIBLE TO BE LICENSED AS COLLECTOR
54.30 VEHICLES, OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, SNOWMOBILES, OR
54.31 SMALL ENGINES ONLY."
54.32 (e) A retail gasoline station that sells or offers for sale
54.33 nonoxygenated premium grade gasoline under this subdivision must
54.34 annually report to the division of weights and measures,
54.35 department of public service, on forms provided by the division,
54.36 the total number of gallons of nonoxygenated gasoline sold.
55.1 Data submitted to the department under this paragraph are
55.2 nonpublic data as defined in section 13.02, subdivision 9.
55.3 Sec. 63. Minnesota Statutes 1998, section 239.791, is
55.4 amended by adding a subdivision to read:
55.5 Subd. 13. [EXEMPTION FOR CERTAIN RIPARIAN LANDOWNERS.] (a)
55.6 A person responsible for the product may offer for sale, sell,
55.7 and deliver directly to a bulk fuel storage tank gasoline that
55.8 is not oxygenated in accordance with subdivision 1 if the
55.9 conditions in paragraphs (b) to (e) are met.
55.10 (b) The nonoxygenated gasoline must be unleaded premium
55.11 grade as defined in section 239.751, subdivision 4.
55.12 (c) The bulk fuel storage tank must be stationary or
55.13 permanent.
55.14 (d) The bulk fuel storage tank must be under the control of
55.15 an owner of littoral or riparian property and located on that
55.16 littoral or riparian property.
55.17 (e) The nonoxygenated gasoline must be purchased for use in
55.18 vehicles that would qualify for an exemption under subdivision
55.19 12, paragraph (a).
55.20 Sec. 64. Minnesota Statutes 1998, section 239.791, is
55.21 amended by adding a subdivision to read:
55.22 Subd. 14. [EXEMPTION FOR AIRCRAFT OPERATORS.] A person
55.23 responsible for the product may offer for sale, sell, and
55.24 deliver directly to a bulk fuel storage tank gasoline that is
55.25 not oxygenated in accordance with subdivision 1 for use in
55.26 aircraft if the nonoxygenated gasoline is unleaded premium grade
55.27 as defined in section 239.751, subdivision 4.
55.28 Sec. 65. Minnesota Statutes 1998, section 500.24,
55.29 subdivision 2, is amended to read:
55.30 Subd. 2. [DEFINITIONS.] The definitions in this
55.31 subdivision apply to this section.
55.32 (a) "Farming" means the production of (1) agricultural
55.33 products; (2) livestock or livestock products; (3) milk or milk
55.34 products; or (4) fruit or other horticultural products. It does
55.35 not include the processing, refining, or packaging of said
55.36 products, nor the provision of spraying or harvesting services
56.1 by a processor or distributor of farm products. It does not
56.2 include the production of timber or forest products, the
56.3 production of poultry or poultry products, or the feeding and
56.4 caring for livestock that are delivered to a corporation for
56.5 slaughter or processing for up to 20 days before slaughter or
56.6 processing.
56.7 (b) "Family farm" means an unincorporated farming unit
56.8 owned by one or more persons residing on the farm or actively
56.9 engaging in farming.
56.10 (c) "Family farm corporation" means a corporation founded
56.11 for the purpose of farming and the ownership of agricultural
56.12 land in which the majority of the voting stock is held by and
56.13 the majority of the stockholders are persons or the spouses of
56.14 persons related to each other within the third degree of kindred
56.15 according to the rules of the civil law, and at least one of
56.16 said related persons is residing on or actively operating the
56.17 farm, and none of whose stockholders are corporations; provided
56.18 that a family farm corporation shall not cease to qualify as
56.19 such hereunder by reason of any devise or bequest of shares of
56.20 voting stock.
56.21 (d) "Authorized farm corporation" means a corporation
56.22 meeting the following standards:
56.23 (1) it has no more than five shareholders;
56.24 (2) all its shareholders, other than any estate, are
56.25 natural persons;
56.26 (3) it does not have more than one class of shares;
56.27 (4) its revenue from rent, royalties, dividends, interest,
56.28 and annuities does not exceed 20 percent of its gross receipts;
56.29 (5) shareholders holding 51 percent or more of the interest
56.30 in the corporation reside on the farm or are actively engaging
56.31 in farming;
56.32 (6) it does not, directly or indirectly, own or otherwise
56.33 have an interest in any title to more than 1,500 acres of
56.34 agricultural land; and
56.35 (7) none of its shareholders are shareholders in other
56.36 authorized farm corporations that directly or indirectly in
57.1 combination with the corporation own more than 1,500 acres of
57.2 agricultural land.
57.3 (e) "Authorized livestock farm corporation" means a
57.4 corporation formed for the production of livestock and meeting
57.5 the following standards:
57.6 (1) it is engaged in the production of livestock other than
57.7 dairy cattle;
57.8 (2) all its shareholders, other than any estate, are
57.9 natural persons or family farm corporations;
57.10 (3) it does not have more than one class of shares;
57.11 (4) its revenue from rent, royalties, dividends, interest,
57.12 and annuities does not exceed 20 percent of its gross receipts;
57.13 (5) shareholders holding 75 percent or more of the control,
57.14 financial, and capital investment in the corporation are farmers
57.15 residing in Minnesota and at least 51 percent of the required
57.16 percentage of farmers are actively engaged in livestock
57.17 production;
57.18 (6) it does not, directly or indirectly, own or otherwise
57.19 have an interest in any title to more than 1,500 acres of
57.20 agricultural land; and
57.21 (7) none of its shareholders are shareholders in other
57.22 authorized farm corporations that directly or indirectly in
57.23 combination with the corporation own more than 1,500 acres of
57.24 agricultural land.
57.25 (f) "Agricultural land" means real estate used for farming
57.26 or capable of being used for farming in this state.
57.27 (g) "Pension or investment fund" means a pension or
57.28 employee welfare benefit fund, however organized, a mutual fund,
57.29 a life insurance company separate account, a common trust of a
57.30 bank or other trustee established for the investment and
57.31 reinvestment of money contributed to it, a real estate
57.32 investment trust, or an investment company as defined in United
57.33 States Code, title 15, section 80a-3.
57.34 (h) "Farm homestead" means a house including adjoining
57.35 buildings that has been used as part of a farming operation or
57.36 is part of the agricultural land used for a farming operation.
58.1 (i) "Family farm partnership" means a limited partnership
58.2 formed for the purpose of farming and the ownership of
58.3 agricultural land in which the majority of the interests in the
58.4 partnership is held by and the majority of the partners are
58.5 persons or the spouses of persons related to each other within
58.6 the third degree of kindred according to the rules of the civil
58.7 law, at least one of the related persons is residing on or
58.8 actively operating the farm, and none of the partners are
58.9 corporations. A family farm partnership does not cease to
58.10 qualify as a family farm partnership because of a devise or
58.11 bequest of interest in the partnership.
58.12 (j) "Authorized farm partnership" means a limited
58.13 partnership meeting the following standards:
58.14 (1) it has been issued a certificate from the secretary of
58.15 state or is registered with the county recorder and farming and
58.16 ownership of agricultural land is stated as a purpose or
58.17 character of the business;
58.18 (2) no more than five partners;
58.19 (3) all its partners, other than any estate, are natural
58.20 persons;
58.21 (4) its revenue from rent, royalties, dividends, interest,
58.22 and annuities do not exceed 20 percent of its gross receipts;
58.23 (5) its general partners hold at least 51 percent of the
58.24 interest in the land assets of the partnership and reside on the
58.25 farm or are actively engaging in farming not more than 1,500
58.26 acres as a general partner in an authorized limited partnership;
58.27 (6) its limited partners do not participate in the business
58.28 of the limited partnership including operating, managing, or
58.29 directing management of farming operations;
58.30 (7) it does not, directly or indirectly, own or otherwise
58.31 have an interest in any title to more than 1,500 acres of
58.32 agricultural land; and
58.33 (8) none of its limited partners are limited partners in
58.34 other authorized farm partnerships that directly or indirectly
58.35 in combination with the partnership own more than 1,500 acres of
58.36 agricultural land.
59.1 (k) "Farmer" means a natural person who regularly
59.2 participates in physical labor or operations management in the
59.3 person's farming operation and files "Schedule F" as part of the
59.4 person's annual Form 1040 filing with the United States Internal
59.5 Revenue Service.
59.6 (l) "Actively engaged in livestock production" means
59.7 performing day-to-day physical labor or day-to-day operations
59.8 management that significantly contributes to livestock
59.9 production and the functioning of a livestock operation.
59.10 (m) "Research or experimental farm" means a corporation,
59.11 limited partnership, or pension or investment fund that owns or
59.12 operates agricultural land for research or experimental
59.13 purposes, provided that any commercial sales from the operation
59.14 are incidental to the research or experimental objectives of the
59.15 corporation. A corporation, limited partnership, or pension or
59.16 investment fund seeking initial approval by the commissioner to
59.17 operate agricultural land for research or experimental purposes
59.18 must first submit to the commissioner a prospectus or proposal
59.19 of the intended method of operation containing information
59.20 required by the commissioner including a copy of any operational
59.21 contract with individual participants.
59.22 (n) "Breeding stock farm" means a corporation or limited
59.23 partnership that owns land for the purpose of raising breeding
59.24 stock, including embryos, for resale to farmers or for the
59.25 purpose of growing seed, wild rice, nursery plants, or sod. An
59.26 entity that is organized to raise livestock other than dairy
59.27 cattle under this paragraph that does not qualify as an
59.28 authorized farm corporation must:
59.29 (1) sell all castrated animals to be fed out or finished to
59.30 farming operations that are neither directly nor indirectly
59.31 owned by the business entity operating the breeding stock
59.32 operation; and
59.33 (2) report its total production and sales annually to the
59.34 commissioner.
59.35 (o) "Aquatic farm" means a corporation or limited
59.36 partnership that owns or leases agricultural land as a necessary
60.1 part of an aquatic farm as defined in section 17.47, subdivision
60.2 3.
60.3 (p) "Religious farm" means a corporation formed primarily
60.4 for religious purposes whose sole income is derived from
60.5 agriculture.
60.6 (q) "Utility corporation" means a corporation regulated
60.7 under Minnesota Statutes 1974, chapter 216B, that owns
60.8 agricultural land for purposes described in that chapter, or an
60.9 electric generation or transmission cooperative that owns
60.10 agricultural land for use in its business if the land is not
60.11 used for farming except under lease to a family farm unit, a
60.12 family farm corporation, or a family farm partnership.
60.13 (r) "Benevolent trust" means a pension fund or family trust
60.14 established by the owners of a family farm, authorized farm
60.15 corporation, authorized livestock farm corporation, or family
60.16 farm corporation that holds an interest in title to agricultural
60.17 land on which one or more of those owners or shareholders have
60.18 resided or have been actively engaged in farming as required by
60.19 paragraph (b), (c), (d), or (e).
60.20 (s) "Development organization" means a corporation, limited
60.21 partnership, or pension or investment fund that owns
60.22 agricultural land for which the corporation, limited
60.23 partnership, or pension or investment fund has documented plans
60.24 to use and subsequently uses the land within six years from the
60.25 date of purchase for a specific nonfarming purpose, or if the
60.26 land is zoned nonagricultural, or if the land is located within
60.27 an incorporated area. A corporation, limited partnership, or
60.28 pension or investment fund may hold agricultural land in the
60.29 amount necessary for its nonfarm business operation; provided,
60.30 however, that pending the development of agricultural land for
60.31 nonfarm purposes, the land may not be used for farming except
60.32 under lease to a family farm unit, a family farm corporation, an
60.33 authorized farm corporation, an authorized livestock farm
60.34 corporation, a family farm partnership, or an authorized farm
60.35 partnership, or except when controlled through ownership,
60.36 options, leaseholds, or other agreements by a corporation that
61.1 has entered into an agreement with the United States under the
61.2 New Community Act of 1968 (Title IV of the Housing and Urban
61.3 Development Act of 1968, United States Code, title 42, sections
61.4 3901 to 3914) as amended, or a subsidiary or assign of such a
61.5 corporation.
61.6 (t) "Exempt land" means agricultural land owned or leased
61.7 by a corporation as of May 20, 1973, agricultural land owned or
61.8 leased by a pension or investment fund as of May 12, 1981, or
61.9 agricultural land owned or leased by a limited partnership as of
61.10 May 1, 1988, including the normal expansion of that ownership at
61.11 a rate not to exceed 20 percent of the amount of land owned as
61.12 of May 20, 1973, for a corporation; May 12, 1981, for a pension
61.13 or investment fund; or May 1, 1988, for a limited partnership,
61.14 measured in acres, in any five-year period, and including
61.15 additional ownership reasonably necessary to meet the
61.16 requirements of pollution control rules. A corporation, limited
61.17 partnership, or pension or investment fund that is eligible to
61.18 own or lease agricultural land under this section prior to May
61.19 1997 may continue to own or lease agricultural land subject to
61.20 the same conditions and limitations as previously allowed.
61.21 (u) "Gifted land" means agricultural land acquired as a
61.22 gift, either by grant or devise, by an educational, religious,
61.23 or charitable nonprofit corporation, limited partnership, or
61.24 pension or investment fund if all land so acquired is disposed
61.25 of within ten years after acquiring the title.
61.26 (v) "Repossessed land" means agricultural land acquired by
61.27 a corporation, limited partnership, or pension or investment
61.28 fund by process of law in the collection of debts, or by any
61.29 procedure for the enforcement of a lien or claim on the land,
61.30 whether created by mortgage or otherwise if all land so acquired
61.31 is disposed of within five years after acquiring the title. The
61.32 five-year limitation is a covenant running with the title to the
61.33 land against any grantee, assignee, or successor of the pension
61.34 or investment fund, corporation, or limited partnership. The
61.35 land so acquired must not be used for farming during the
61.36 five-year period, except under a lease to a family farm unit, a
62.1 family farm corporation, an authorized farm corporation, an
62.2 authorized livestock farm corporation, a family farm
62.3 partnership, or an authorized farm partnership. Notwithstanding
62.4 the five-year divestiture requirement under this paragraph, a
62.5 financial institution may continue to own the agricultural land
62.6 if the agricultural land is leased to the immediately preceding
62.7 former owner, but must dispose of the agricultural land within
62.8 ten years of acquiring the title. Livestock acquired by a
62.9 pension or investment fund, corporation, or limited partnership
62.10 in the collection of debts, or by a procedure for the
62.11 enforcement of lien or claim on the livestock whether created by
62.12 security agreement or otherwise after August 1, 1994, must be
62.13 sold or disposed of within one full production cycle for the
62.14 type of livestock acquired or 18 months after the livestock is
62.15 acquired, whichever is later.
62.16 (w) "Commissioner" means the commissioner of agriculture.
62.17 (x) "Demonstration corporation" means a nonprofit
62.18 corporation organized under state nonprofit corporation law and
62.19 formed primarily for the purpose of demonstrating historical
62.20 farming practices.
62.21 Sec. 66. Minnesota Statutes 1998, section 500.24,
62.22 subdivision 3, is amended to read:
62.23 Subd. 3. [FARMING AND OWNERSHIP OF AGRICULTURAL LAND BY
62.24 CORPORATIONS RESTRICTED.] No corporation, limited liability
62.25 company, pension or investment fund, or limited partnership
62.26 shall engage in farming; nor shall any corporation, limited
62.27 liability company, pension or investment fund, or limited
62.28 partnership, directly or indirectly, own, acquire, or otherwise
62.29 obtain any interest, in agricultural land other than a bona fide
62.30 encumbrance taken for purposes of security. This subdivision
62.31 does not apply to general partnerships. This subdivision does
62.32 not apply to any agricultural land, corporation, limited
62.33 partnership, or pension or investment fund that meet any of the
62.34 definitions in subdivision 2, paragraphs (b) to (e), (i), (j),
62.35 and (m) to (v), and (x), has a conservation plan prepared for
62.36 the agricultural land, and reports as required under subdivision
63.1 4.
63.2 Sec. 67. [AGRICULTURAL PRODUCER CONTRACTS; ROUNDTABLE ON
63.3 CONTRACT FARMING.]
63.4 Subdivision 1. [PURPOSE; LEGISLATIVE FINDINGS.] The
63.5 legislature finds that continuing changes in the agricultural
63.6 livestock, poultry, commodity crop, and specialty crop
63.7 industries have led to an ever larger portion of Minnesota
63.8 farmers who produce under contract for processors. To the
63.9 extent that production under contract lessens competition and
63.10 dulls important market signals, independent producers are left
63.11 at a critical economic disadvantage. The legislature finds
63.12 further that the study and recommendations authorized by this
63.13 section will identify ways to assure that competitive markets
63.14 remain for producers who choose not to produce under contract.
63.15 Subd. 2. [CREATION; MEMBERSHIP.] (a) There is hereby
63.16 created a roundtable on contract farming with 22 members
63.17 appointed as follows:
63.18 (1) the chair of the agriculture and rural development
63.19 committee of the senate shall appoint one citizen member with
63.20 education and experience in the area of agricultural economics,
63.21 one citizen member who is the operator of a production
63.22 agriculture farm in the state, one processor of agricultural
63.23 livestock, one poultry processor, and three members of the
63.24 senate, at least one of whom must be a member of the minority
63.25 caucus;
63.26 (2) the chair of the agriculture and rural development
63.27 finance committee of the house of representatives shall appoint
63.28 one citizen member with education and experience in the area of
63.29 agricultural economics, one citizen member who is the operator
63.30 of a production agriculture farm in the state, one poultry
63.31 producer, one processor of agricultural commodities, and three
63.32 members of the house of representatives, at least one of whom
63.33 must be a member of the minority caucus;
63.34 (3) the governor shall appoint three members, one each
63.35 representing processors of agricultural livestock, poultry,
63.36 commodity crops, or specialty crops;
64.1 (4) the governor shall appoint two members representing
64.2 different types of financial institutions or organizations of
64.3 financial institutions;
64.4 (5) the Minnesota Farm Bureau Federation shall appoint one
64.5 member;
64.6 (6) the Minnesota Farmers Union shall appoint one member;
64.7 (7) the Minnesota Cattlemen's Association shall appoint one
64.8 member; and
64.9 (8) the Minnesota Pork Producers Association shall appoint
64.10 one member.
64.11 (b) All appointments must be made June 15, 1999.
64.12 (c) Citizen members of the roundtable serve without
64.13 compensation but may be reimbursed for expenses as provided in
64.14 Minnesota Statutes, section 15.059, subdivision 6.
64.15 (d) The first meeting of the roundtable must be called and
64.16 convened by the chairs of the agriculture policy committees of
64.17 the senate and the house of representatives. Roundtable members
64.18 must then elect a permanent chair from among the roundtable
64.19 members.
64.20 (e) The roundtable may organize itself into two or more
64.21 committees each concentrating on the issues most relevant to
64.22 particular types of producer contracts, such as agricultural
64.23 livestock or poultry contracts, commodity crop contracts, or
64.24 specialty crop contracts. If committees of the roundtable are
64.25 formed, they must report their findings to the full roundtable.
64.26 Subd. 3. [CHARGE.] The roundtable shall examine current
64.27 and projected impacts of agricultural livestock, poultry,
64.28 commodity crops, and specialty crops produced under contract
64.29 with processors and the effect of contract production on the
64.30 availability or distortion of valid market price information and
64.31 access to competitive markets for other producers. In
64.32 fulfilling its charge, the roundtable may consult with persons
64.33 involved with or affected by activities and recommendations of
64.34 the agricultural marketing and bargaining task force created
64.35 under Laws 1997, chapter 142.
64.36 Subd. 4. [RESOURCES; STAFF SUPPORT; CONTRACT
65.1 SERVICES.] The commissioner of agriculture shall provide
65.2 necessary resources and staff support for the meetings,
65.3 hearings, activities, and report of the roundtable. To the
65.4 extent the roundtable determines it appropriate to contract with
65.5 nonstate providers for research or analytical services, the
65.6 commissioner shall serve as the fiscal agent for the roundtable.
65.7 Subd. 5. [PUBLIC HEARINGS.] The roundtable shall hold at
65.8 least four public hearings on the issue of agricultural
65.9 production under contract, at least three of which must be held
65.10 in greater Minnesota.
65.11 Subd. 6. [REPORT.] The roundtable shall report its
65.12 findings to the legislature by January 15, 2000. The report
65.13 must include recommendations for law or rule changes that would
65.14 ensure competition and valid market price signals to both
65.15 contract producers and those who choose not to produce under
65.16 contract.
65.17 Subd. 7. [EXPIRATION.] The roundtable on contract farming
65.18 expires 45 days after its report and recommendations are
65.19 delivered to the legislature or on June 1, 2000, whichever date
65.20 is earlier.
65.21 Sec. 68. [URBAN AGRICULTURAL HIGH SCHOOL.]
65.22 Subdivision 1. [WORKING GROUP ESTABLISHED.] The
65.23 commissioner of agriculture, in collaboration with the Minnesota
65.24 agriculture education leadership council, must establish a
65.25 working group to develop a proposal for an urban agricultural
65.26 high school and development of agribusiness partnerships.
65.27 Subd. 2. [GRANT PURPOSES.] The planning grant may be used
65.28 for curriculum design, demographic research, development of
65.29 partnerships, site acquisition, market assessment of student
65.30 interest, and facility predesign purposes.
65.31 Subd. 3. [REPORT.] The Minnesota agriculture education
65.32 leadership council must present a report to the legislature by
65.33 January 15, 2000.
65.34 Sec. 69. [FEEDLOT RULE REVIEW.]
65.35 To reduce the need for future farm-related state spending,
65.36 and to ensure legislative intent and oversight, after the
66.1 effective date of this section, the Minnesota pollution control
66.2 agency shall not implement any new or increased fees related to
66.3 livestock or poultry production or implement any new or amended
66.4 rules or new or increased fees related to the operation of
66.5 livestock or poultry feedlots until at least 60 days after the
66.6 proposed rules have been reviewed and approved by majority vote
66.7 of the standing committees of the senate and the house of
66.8 representatives having jurisdiction over agricultural policy
66.9 issues.
66.10 Sec. 70. [REVISOR INSTRUCTION.]
66.11 The revisor of statutes shall renumber Minnesota Statutes,
66.12 section 156.072, subdivision 4, as section 156.073.
66.13 Sec. 71. [REPEALER.]
66.14 Minnesota Statutes 1998, sections 35.245; and 35.96,
66.15 subdivision 4, are repealed on the day following final
66.16 enactment. Minnesota Statutes 1998, sections 17.76; 42.01;
66.17 42.02; 42.03; 42.04; 42.05; 42.06; 42.07; 42.08; 42.09; 42.10;
66.18 42.11; 42.12; 42.13; and 42.14, are repealed.
66.19 Sec. 72. [EFFECTIVE DATE.]
66.20 Sections 8, 31, 32, 34 to 44, 61 to 64, and 67 are
66.21 effective on the day following final enactment.