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HF 2746

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/09/2014 10:16am

KEY: stricken = removed, old language.
underscored = added, new language.
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7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28
7.29 7.30 7.31 7.32 7.33 7.34
7.35 7.36 7.37 8.1 8.2 8.3 8.4 8.5
8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13

A bill for an act
relating to agriculture; removing obsolete, redundant, and unnecessary laws
administered by the Department of Agriculture; amending Minnesota Statutes
2012, sections 17.03, subdivision 1; 17.101, subdivision 5; 28A.05; 28A.08,
subdivision 3; 32.645, subdivision 1; 609B.105; Minnesota Statutes 2013
Supplement, section 28A.0752, subdivision 1; repealing Minnesota Statutes
2012, sections 17.03, subdivision 2; 17.038; 17.045; 17.1161; 17.138; 17.14,
subdivisions 1, 3, 4; 17.15; 17.16; 17.17; 17.18; 17.181; 17.19; 17.42; 17.43;
17.44; 17.452, subdivisions 1, 2; 18.011; 18.62; 18.63; 18.64; 18.65; 18.66;
18.67; 18.68; 18.69; 18.70; 18.71; 30.003; 30.01, subdivisions 1, 6; 30.099;
30.10; 30.102; 30.103; 30.104; 30.15; 30.151; 30.152; 30.16; 30.161; 30.17;
30.19; 30.20; 30.201; 30.55; 30.56; 30.57; 30.58; 30.59; 32.104; 32.411,
subdivisions 1, 2, 3, 4, 5; 32.417; 32.57; 32.59.

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

Section 1.

Minnesota Statutes 2012, section 17.03, subdivision 1, is amended to read:


Subdivision 1.

Development of agricultural industries.

The commissioner
shall encourage and promote the development of agricultural industries, investigate
marketing conditions affecting the marketing of farm products, and assist farmers,
producers, and consumers in the organization and management of cooperative enterprises
and the cooperative marketing of farm products; advise and assist in the location and
establishment of local markets when the commissioner determines that the public
necessity or the welfare of the community requires such markets, if satisfied that such
markets will be successfully operated by a cooperative company or municipality. It shall
be the duty of the Department of Agriculture and deleted text beginthe Department of Agriculture ofdeleted text end the
University of Minnesota to cooperate in all ways that may be beneficial to the agricultural
interests of the state. It is intended that police and organizational powers in reference
to agriculture shall be exercised by the state Department of Agriculture and that deleted text beginthe
Department of Agriculture of
deleted text end the University of Minnesota shall retain its present powers
and duties relating to obtaining and disseminating agricultural information and conducting
agricultural research, and shall retain custody of scientific collections.

Sec. 2.

Minnesota Statutes 2012, section 17.101, subdivision 5, is amended to read:


Subd. 5.

Value-added agricultural product processing and marketing grant
program.

deleted text begin(a)deleted text end For purposes of this section:

(1) "agricultural commodity" means a material produced for use in or as food,
feed, seed, or fiber and includes crops for fiber, food, oilseeds, seeds, livestock,
livestock products, dairy, dairy products, poultry, poultry products, and other products or
by-products of the farm produced for the same or similar use, except ethanol; and

(2) "agricultural product processing facility" means land, buildings, structures,
fixtures, and improvements located or to be located in Minnesota and used or operated
primarily for the processing or production of marketable products from agricultural
commodities produced in Minnesota.

deleted text begin (b) The commissioner shall establish and implement a value-added agricultural
product processing and marketing grant program to help farmers finance new cooperatives
that organize for the purposes of operating agricultural product processing facilities,
forming marketing cooperatives, and marketing activities related to the sale and
distribution of processed agricultural products.
deleted text end

deleted text begin (c) To be eligible for this program a grantee must:
deleted text end

deleted text begin (1) be a cooperative organized under chapter 308A;
deleted text end

deleted text begin (2) certify that all of the control and equity in the cooperative is from farmers, family
farm partnerships, family farm limited liability companies, or family farm corporations
as defined in section 500.24, subdivision 2, who are actively engaged in agricultural
commodity production;
deleted text end

deleted text begin (3) be operated primarily for the processing of agricultural commodities produced
in Minnesota;
deleted text end

deleted text begin (4) receive agricultural commodities produced primarily by shareholders or members
of the cooperative; and
deleted text end

deleted text begin (5) have no direct or indirect involvement in the production of agricultural
commodities.
deleted text end

deleted text begin (d) The commissioner may receive applications from and make grants up to
$50,000 for feasibility, marketing analysis, assistance with organizational development,
financing and managing new cooperatives, product development, development of
business and marketing plans, and predesign of facilities including site analysis,
development of bid specifications, preliminary blueprints and schematics, and completion
of purchase agreements and other necessary legal documents to eligible cooperatives.
The commissioner shall give priority to applicants who use the grants for planning costs
related to an application for financial assistance from the United States Department of
Agriculture, Rural Business - Cooperative Service.
deleted text end

Sec. 3.

Minnesota Statutes 2012, section 28A.05, is amended to read:


28A.05 CLASSIFICATION.

All persons required to have a license under section 28A.04 shall be classified into
one of the following classes of food handlers, according to their principal mode of business.

(a) Retail food handlers are persons who sell or process and sell food directly to the
ultimate consumer or who custom process meat or poultry. The term includes a person
who sells food directly to the ultimate consumer through the use of vending machines, and
a person who sells food for consumption on site or off site if the sale is conducted on the
premises that are part of a grocery or convenience store operation.

(b) Wholesale food handlers are persons who sell to others for resale. A person who
handles food in job lots (jobbers) is included in this classification.

(c) Wholesale food processors or manufacturers are persons who process or
manufacture raw materials and other food ingredients into food items, or who reprocess
food items, or who package food for sale to others for resale, or who commercially
slaughter animals or poultry. Included herein are persons who can, extract, ferment, distill,
pickle, bake, freeze, dry, smoke, grind, mix, stuff, pack, bottle, recondition, or otherwise
treat or preserve food for sale to others for resale, cold storage warehouse operators as
defined in section 28.01, subdivision 3, salvage food processors as defined in section
31.495, subdivision 1, new text beginand new text enddairy plants as defined in section 32.01, subdivision 6deleted text begin, and
nonresident manufacturers of frozen foods as described in section 32.59
deleted text end.

(d) A food broker is a person who buys and sells food and who negotiates between a
buyer and a seller of food, but who at no time has custody of the food being bought and sold.

Sec. 4.

Minnesota Statutes 2013 Supplement, section 28A.0752, subdivision 1, is
amended to read:


Subdivision 1.

Agreements to perform duties of the commissioner.

(a)
Agreements to delegate licensing and inspection duties pertaining to retail grocery or
convenience stores shall include licensing, inspection, reporting, and enforcement duties
authorized under sections 17.04, 29.21, 29.23, 29.235, 29.236, 29.237, 29.24, 29.25,
29.26, 29.27, deleted text begin30.003, 30.01, 30.099, 30.103, 30.104, 30.15, 30.19,deleted text endnew text begin andnew text end 30.49, deleted text begin30.55,
30.56, 30.57, 30.58, and 30.59,
deleted text end appropriate sections of the Minnesota Food Law, chapters
31 and 34A, and applicable Minnesota food rules.

(b) Agreements are subject to subdivision 3.

(c) This subdivision does not affect agreements entered into under section 28A.075
or current cooperative agreements which base inspections and licensing responsibility on
the firm's most predominant mode of business.

Sec. 5.

Minnesota Statutes 2012, section 28A.08, subdivision 3, is amended to read:


Subd. 3.

Fees effective July 1, 2003.

Penalties
Type of food handler
License Fee
Effective
July 1, 2003
Late
Renewal
No License
1.
Retail food handler
(a) Having gross sales of only prepackaged
nonperishable food of less than $15,000
for the immediately previous license or
fiscal year and filing a statement with the
commissioner
$ 50
$ 17
$ 33
(b) Having under $15,000 gross sales
or service including food preparation or
having $15,000 to $50,000 gross sales
or service for the immediately previous
license or fiscal year
$ 77
$ 25
$ 51
(c) Having $50,001 to $250,000 gross sales
or service for the immediately previous
license or fiscal year
$155
$ 51
$102
(d) Having $250,001 to $1,000,000 gross
sales or service for the immediately
previous license or fiscal year
$276
$ 91
$ 182
(e) Having $1,000,001 to $5,000,000
gross sales or service for the immediately
previous license or fiscal year
$799
$264
$527
(f) Having $5,000,001 to $10,000,000
gross sales or service for the immediately
previous license or fiscal year
$1,162
$383
$767
(g) Having $10,000,001 to $15,000,000
gross sales or service for the immediately
previous license or fiscal year
$1,376
$454
$908
(h) Having $15,000,001 to $20,000,000
gross sales or service for the immediately
previous license or fiscal year
$1,607
$530
$1,061
(i) Having $20,000,001 to $25,000,000
gross sales or service for the immediately
previous license or fiscal year
$1,847
$610
$1,219
(j) Having over $25,000,001 gross sales
or service for the immediately previous
license or fiscal year
$2,001
$660
$1,321
2.
Wholesale food handler
(a) Having gross sales or service of less
than $25,000 for the immediately previous
license or fiscal year
$ 57
$ 19
$ 38
(b) Having $25,001 to $250,000 gross sales
or service for the immediately previous
license or fiscal year
$284
$ 94
$187
(c) Having $250,001 to $1,000,000 gross
sales or service from a mobile unit without
a separate food facility for the immediately
previous license or fiscal year
$444
$147
$293
(d) Having $250,001 to $1,000,000
gross sales or service not covered under
paragraph (c) for the immediately previous
license or fiscal year
$590
$195
$389
(e) Having $1,000,001 to $5,000,000
gross sales or service for the immediately
previous license or fiscal year
$769
$254
$508
(f) Having $5,000,001 to $10,000,000
gross sales or service for the immediately
previous license or fiscal year
$920
$304
$607
(g) Having $10,000,001 to $15,000,000
gross sales or service for the immediately
previous license or fiscal year
$990
$327
$653
(h) Having $15,000,001 to $20,000,000
gross sales or service for the immediately
previous license or fiscal year
$1,156
$381
$763
(i) Having $20,000,001 to $25,000,000
gross sales or service for the immediately
previous license or fiscal year
$1,329
$439
$877
(j) Having over $25,000,001 or more
gross sales or service for the immediately
previous license or fiscal year
$1,502
$496
$991
3.
Food broker
$150
$ 50
$ 99
4.
Wholesale food processor or manufacturer
(a) Having gross sales or service of
less than $125,000 for the immediately
previous license or fiscal year
$169
$ 56
$112
(b) Having $125,001 to $250,000 gross
sales or service for the immediately
previous license or fiscal year
$392
$129
$259
(c) Having $250,001 to $1,000,000 gross
sales or service for the immediately
previous license or fiscal year
$590
$195
$389
(d) Having $1,000,001 to $5,000,000
gross sales or service for the immediately
previous license or fiscal year
$769
$254
$508
(e) Having $5,000,001 to $10,000,000
gross sales or service for the immediately
previous license or fiscal year
$920
$304
$607
(f) Having $10,000,001 to $15,000,000
gross sales or service for the immediately
previous license or fiscal year
$1,377
$454
$909
(g) Having $15,000,001 to $20,000,000
gross sales or service for the immediately
previous license or fiscal year
$1,608
$531
$1,061
(h) Having $20,000,001 to $25,000,000
gross sales or service for the immediately
previous license or fiscal year
$1,849
$610
$1,220
(i) Having $25,000,001 to $50,000,000
gross sales or service for the immediately
previous license or fiscal year
$2,090
$690
$1,379
(j) Having $50,000,001 to $100,000,000
gross sales or service for the immediately
previous license or fiscal year
$2,330
$769
$1,538
(k) Having $100,000,000 or more gross
sales or service for the immediately
previous license or fiscal year
$2,571
$848
$1,697
5.
Wholesale food processor of meat or
poultry products under supervision of the
U.S. Department of Agriculture
(a) Having gross sales or service of
less than $125,000 for the immediately
previous license or fiscal year
$112
$ 37
$ 74
(b) Having $125,001 to $250,000 gross
sales or service for the immediately
previous license or fiscal year
$214
$ 71
$141
(c) Having $250,001 to $1,000,000 gross
sales or service for the immediately
previous license or fiscal year
$333
$110
$220
(d) Having $1,000,001 to $5,000,000
gross sales or service for the immediately
previous license or fiscal year
$425
$140
$281
(e) Having $5,000,001 to $10,000,000
gross sales or service for the immediately
previous license or fiscal year
$521
$172
$344
(f) Having over $10,000,001 gross sales
or service for the immediately previous
license or fiscal year
$765
$252
$505
(g) Having $15,000,001 to $20,000,000
gross sales or service for the immediately
previous license or fiscal year
$893
$295
$589
(h) Having $20,000,001 to $25,000,000
gross sales or service for the immediately
previous license or fiscal year
$1,027
$339
$678
(i) Having $25,000,001 to $50,000,000
gross sales or service for the immediately
previous license or fiscal year
$1,161
$383
$766
(j) Having $50,000,001 to $100,000,000
gross sales or service for the immediately
previous license or fiscal year
$1,295
$427
$855
(k) Having $100,000,001 or more gross
sales or service for the immediately
previous license or fiscal year
$1,428
$471
$942
6.
Wholesale food processor or manufacturer
operating only at the State Fair
$125
$ 40
$ 50
7.
Wholesale food manufacturer having the
permission of the commissioner to use the
name Minnesota Farmstead cheese
$ 30
$ 10
$ 15
deleted text begin 8.
deleted text end
deleted text begin Nonresident frozen dairy manufacturer
deleted text end
deleted text begin $200
deleted text end
deleted text begin $ 50
deleted text end
deleted text begin $ 75
deleted text end
deleted text begin9
deleted text endnew text begin 8new text end.
Wholesale food manufacturer processing
less than 700,000 pounds per year of raw
milk
$ 30
$ 10
$ 15
deleted text begin10
deleted text endnew text begin 9new text end.
A milk marketing organization without
facilities for processing or manufacturing
that purchases milk from milk producers
for delivery to a licensed wholesale food
processor or manufacturer
$ 50
$ 15
$ 25

Sec. 6.

Minnesota Statutes 2012, section 32.645, subdivision 1, is amended to read:


Subdivision 1.

Gross misdemeanor; license revocation.

Any person licensed
under the provisions of sections 28A.04, 28A.14,new text begin andnew text end 32.56deleted text begin, and 32.59,deleted text end who knowingly
violates, or who directs or knowingly permits any officer, agent, or employee to violatenew text begin,
new text end section 32.62, subdivision 2, clause (1) or (3), is guilty of a gross misdemeanor. For
each subsequent offense, in addition to any fine or imprisonment imposed under this
subdivision, upon conviction thereof, the commissioner of agriculture shall revoke or
withhold issuing to such offender any license required under the provisions of sections
28A.04, 28A.14,new text begin andnew text end 32.56deleted text begin, and 32.59, and in such case of revocation of license
the commissioner shall not issue any license for the operation of such frozen food
manufacturing plant for a period of one year from the date of such revocation
deleted text end.

Sec. 7.

Minnesota Statutes 2012, section 609B.105, is amended to read:


609B.105 VIOLATION OF CONTAINER LABEL INFORMATION LAWS;
LICENSE REVOCATION.

Section 32.645 requires the commissioner of agriculture to revoke or withhold
issuing any license required under sections 28A.04, 28A.14,new text begin andnew text end 32.56deleted text begin, and 32.59deleted text end to a
person convicted of a subsequent offense under section 32.645.

Sec. 8. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall make all necessary cross-reference changes in
Minnesota Statutes and Minnesota Rules consistent with section 9. The revisor shall
make any necessary grammatical changes or changes to sentence structure to preserve the
meaning of the text as a result of any cross-reference change required by this section.
new text end

new text begin (b) The revisor of statutes shall renumber Minnesota Statutes, section 17.037 as
Minnesota Statutes, section 28A.0753. The revisor of statutes shall make any necessary
cross-reference changes consistent with the renumbering.
new text end

Sec. 9. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 17.03, subdivision 2; 17.038; 17.045; 17.1161;
17.138; 17.14, subdivisions 1, 3, and 4; 17.15; 17.16; 17.17; 17.18; 17.181; 17.19; 17.42;
17.43; 17.44; 17.452, subdivisions 1 and 2; 18.011; 18.62; 18.63; 18.64; 18.65; 18.66;
18.67; 18.68; 18.69; 18.70; 18.71; 30.003; 30.01, subdivisions 1 and 6; 30.099; 30.10;
30.102; 30.103; 30.104; 30.15; 30.151; 30.152; 30.16; 30.161; 30.17; 30.19; 30.20;
30.201; 30.55; 30.56; 30.57; 30.58; 30.59; 32.104; 32.411, subdivisions 1, 2, 3, 4, and
5; 32.417; 32.57; and 32.59,
new text end new text begin are repealed.
new text end