1st Unofficial Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to agriculture; establishing a livestock 1.3 development program; clarifying certain requirements 1.4 for agricultural contracts; changing certain powers 1.5 relating to grain; modifying certain pesticide 1.6 provisions; providing for interstate cooperation for 1.7 seed potato certification; providing for uniformity of 1.8 certain Minnesota food rules with federal standards; 1.9 establishing and changing certain loan programs; 1.10 clarifying a term; providing a temporary waiver of a 1.11 rule; changing cervidae regulations; changing certain 1.12 agricultural chemical response provisions; changing 1.13 certain manure and waste management provisions; 1.14 authorizing certain land exchanges; requiring a 1.15 report; requiring amendment of certain rules; changing 1.16 availability of an appropriation; amending Minnesota 1.17 Statutes 2000, sections 17.101, by adding a 1.18 subdivision; 17.452, subdivision 6, by adding a 1.19 subdivision; 17.90, subdivision 1a, by adding a 1.20 subdivision; 17B.03, subdivision 1; 18E.02, by adding 1.21 a subdivision; 18E.03, subdivision 4; 18E.04, 1.22 subdivision 3, by adding a subdivision; 18E.06; 1.23 21.111, by adding a subdivision; 31.101, as amended; 1.24 31.102, subdivision 1; 31.103, subdivision 1; 31.104; 1.25 41B.03, subdivisions 1, 3; 97A.105, by adding 1.26 subdivisions; 97C.065; 223.16, subdivision 5; 1.27 Minnesota Statutes 2001 Supplement, sections 17.9442; 1.28 18B.36, subdivision 1; 18E.04, subdivisions 2, 4; 1.29 41B.046, subdivision 2; Laws 2001, chapter 206, 1.30 section 14; proposing coding for new law in Minnesota 1.31 Statutes, chapters 18D; 35; 41B; 116. 1.32 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.33 Section 1. Minnesota Statutes 2000, section 17.101, is 1.34 amended by adding a subdivision to read: 1.35 Subd. 6. [LIVESTOCK DEVELOPMENT.] The commissioner shall 1.36 establish a process, including criteria and standards, to 1.37 recognize and assist efforts by counties to maintain or expand 1.38 their livestock sector. 2.1 A county that meets the criteria may apply to the 2.2 commissioner to be designated a "livestock friendly" county. 2.3 Sec. 2. Minnesota Statutes 2000, section 17.452, 2.4 subdivision 6, is amended to read: 2.5 Subd. 6. [RUNNING AT LARGE PROHIBITED.] (a) An owner may 2.6 not allow farmed cervidae to run at large. The owner must make 2.7 all reasonable efforts to return escaped farmed cervidae to 2.8 their enclosures as soon as possible. The owner must notify the 2.9 commissioner of natural resources of the escape of farmed
red2.10 deercervidae if the farmed red deercervidae are not returned 2.11 or captured by the owner within 7224 hours of their escape. 2.12 (b) An owner is liable for expenses of another person in 2.13 capturing, caring for, and returning farmed cervidae that have 2.14 left their enclosures if the person capturing the farmed 2.15 cervidae contacts the owner as soon as possible. 2.16 (c) If an owner is unwilling or unable to capture escaped 2.17 farmed cervidae, the commissioner of natural resources may 2.18 destroy the escaped farmed cervidae under this paragraph if the2.19 escaped farmed cervidae are a threat to the health or population2.20 of native species. The commissioner must allow the owner to 2.21 attempt to capture the escaped farmed cervidae prior to 2.22 destroying the farmed cervidae. Farmed cervidae that are not 2.23 captured by 14 days24 hours after escape may be destroyed. 2.24 (d) The owner must notify the commissioner of natural2.25 resources of the escape of farmed cervidae from a quarantined2.26 herd if the farmed cervidae are not returned to or captured by2.27 the owner within 72 hours of their escape. The escaped farmed2.28 cervidae from the quarantined herd may be destroyed by the2.29 commissioner of natural resources if the escaped farmed cervidae2.30 are a threat to the health or population of native species.2.31 Sec. 3. Minnesota Statutes 2000, section 17.452, is 2.32 amended by adding a subdivision to read: 2.33 Subd. 6a. [WILD CERVIDAE INSIDE CONFINEMENT AREA.] An 2.34 owner, or employee or agent under the direction of the owner, 2.35 must destroy wild cervidae found within the owner's farmed 2.36 cervidae confinement area. The owner, employee, or agent must 3.1 report the wild cervidae destroyed to a conservation officer or 3.2 an employee of the department of natural resources, division of 3.3 wildlife, within 24 hours. The wild cervidae must be disposed 3.4 of as prescribed by the commissioner of natural resources. 3.5 Sec. 4. Minnesota Statutes 2000, section 17.90, 3.6 subdivision 1a, is amended to read: 3.7 Subd. 1a. [AGRICULTURAL CONTRACT.] "Agricultural contract" 3.8 means any written contract between a contractor and a producer, 3.9 but does not include a contract between a grain buyer licensed 3.10 under section 223.17, subdivision 1, who purchases grain from a 3.11 producer as a merchant or seller of grain and does not contract 3.12 with the producer to grow or raise the crops producing the grain. 3.13 Sec. 5. Minnesota Statutes 2000, section 17.90, is amended 3.14 by adding a subdivision to read: 3.15 Subd. 3b. [GRAIN.] "Grain" has the meaning given in 3.16 section 223.16, subdivision 4. 3.17 Sec. 6. Minnesota Statutes 2001 Supplement, section 3.18 17.9442, is amended to read: 3.19 17.9442 [APPLICABILITY OF CONTRACT REQUIREMENTS.] 3.20 The requirements for the written disclosure of material 3.21 risks under section 17.91, subdivision 2; the three-day review 3.22 period under section 17.941; the cover sheet requirement under 3.23 section 17.942; and the contract readability requirements under 3.24 section 17.943, subdivision 1, do not apply to contracts which 3.25 provide for: 3.26 (1) the sale and purchase of a fixed amount of a commodity 3.27 for delivery at a set price; 3.28 (2) price-latercash sale and forward delivery grain 3.29 contracts for grain meeting certain specifications and does not 3.30 prescribe the time, manner, and nature of planting, cultivating, 3.31 and harvesting the crop producing the grain, including fixed 3.32 price forward contracts, minimum price contracts, mini-max 3.33 contracts, basis contracts, hedge-to-arrive contracts, and 3.34 delayed price contracts; 3.35 (3) contracts agreed to between a processor and an 3.36 accredited bargaining organization under sections 17.691 to 4.1 17.702; 4.2 (4) futurefutures contracts which involve the sale or 4.3 purchase of a standardized quantity of a commodity for future 4.4 delivery on a regulated commodity exchange; 4.5 (5) agricultural marketing contracts between a capital 4.6 stock cooperative and its members under section 308A.205; or 4.7 (6) occasional sales between persons who produce or cause 4.8 to be produced food, feed, or fiber in a quantity beyond their 4.9 own family use. 4.10 Sec. 7. Minnesota Statutes 2000, section 17B.03, 4.11 subdivision 1, is amended to read: 4.12 Subdivision 1. [COMMISSIONER'S POWERS.] The commissioner 4.13 of agriculture shall exercise general supervision over the 4.14 inspection, grading, weighing, sampling, and analysis of 4.15 grain within the state of Minnesotasubject to the provisions of 4.16 the United States Grain Standards Act of 1976 and the rules 4.17 promulgated thereunder by the United States Department of 4.18 Agriculture. This activity may take place within or outside the 4.19 state of Minnesota. 4.20 Sec. 8. Minnesota Statutes 2001 Supplement, section 4.21 18B.36, subdivision 1, is amended to read: 4.22 Subdivision 1. [REQUIREMENT.] (a) Except for a licensed 4.23 commercial or noncommercial applicator, only a certified private 4.24 applicator may use a restricted use pesticide to produce an 4.25 agricultural commodity: 4.26 (1) as a traditional exchange of services without financial 4.27 compensation; 4.28 (2) on a site owned, rented, or managed by the person or 4.29 the person's employees; or 4.30 (3) when the private applicator is one of two or fewer 4.31 specified individuals employed as agricultural employment as4.32 defined by section 268.035, subdivision 2,employees and the 4.33 owner or operator is a certified private applicator or is 4.34 licensed as a noncommercial applicator. 4.35 (b) A private applicator may not purchase a restricted use 4.36 pesticide without presenting a certified private applicator card 5.1 or the card number. 5.2 Sec. 9. [18D.302] [FALSE STATEMENT OR RECORD.] 5.3 A person must not knowingly make or offer a false 5.4 statement, record, or other information as part of: 5.5 (1) an application for registration, license, 5.6 certification, permit, or land application of contaminated soil 5.7 or other media under this chapter or chapter 18B, 18C, or 18F or 5.8 rules adopted under one of those chapters; 5.9 (2) records or reports required under this chapter or 5.10 chapter 18B, 18C, 18E, or 18F or rules adopted under one of 5.11 those chapters; or 5.12 (3) an investigation of a violation of this chapter or 5.13 chapter 18B, 18C, 18E, or 18F or rules adopted under one of 5.14 those chapters. 5.15 Sec. 10. Minnesota Statutes 2000, section 18E.02, is 5.16 amended by adding a subdivision to read: 5.17 Subd. 5a. [EMERGENCY INCIDENT.] "Emergency incident" means 5.18 an incident resulting from a flood, fire, tornado, 5.19 transportation accident, storage container rupture, or other 5.20 event as determined by the commissioner that immediately, 5.21 uncontrollably, and unpredictably releases agricultural 5.22 chemicals into the environment and that may cause unreasonable 5.23 adverse effects on the public health or the environment. 5.24 Sec. 11. Minnesota Statutes 2000, section 18E.03, 5.25 subdivision 4, is amended to read: 5.26 Subd. 4. [FEE.] (a) The response and reimbursement fee 5.27 consists of the surcharges and any adjustments made by the 5.28 commissioner in this subdivision and shall be collected by the 5.29 commissioner. The amount of the response and reimbursement fee 5.30 shall be determined and imposed annually by the commissioner as 5.31 required to satisfy the requirements in subdivision 3. The 5.32 commissioner shall adjust the amount of the surcharges imposed 5.33 in proportion to the amount of the surcharges listed in this 5.34 subdivision. License application categories under paragraph (d) 5.35 must be charged in proportion to the amount of surcharges 5.36 imposed up to a maximum of 50 percent of the license fees set 6.1 under chapters 18B and 18C. 6.2 (b) The commissioner shall impose a surcharge on pesticides 6.3 registered under chapter 18B to be collected as a surcharge on 6.4 the registration application fee under section 18B.26, 6.5 subdivision 3, that is equal to 0.1 percent of sales of the 6.6 pesticide in the state and sales of pesticides for use in the 6.7 state during the previous calendar year, except the surcharge 6.8 may not be imposed on pesticides that are sanitizers or 6.9 disinfectants as determined by the commissioner. No surcharge 6.10 is required if the surcharge amount based on percent of annual 6.11 gross sales is less than $10. The registrant shall determine 6.12 when and which pesticides are sold or used in this state. The 6.13 registrant shall secure sufficient sales information of 6.14 pesticides distributed into this state from distributors and 6.15 dealers, regardless of distributor location, to make a 6.16 determination. Sales of pesticides in this state and sales of 6.17 pesticides for use in this state by out-of-state distributors 6.18 are not exempt and must be included in the registrant's annual 6.19 report, as required under section 18B.26, subdivision 3, 6.20 paragraph (c), and fees shall be paid by the registrant based 6.21 upon those reported sales. Sales of pesticides in the state for 6.22 use outside of the state are exempt from the surcharge in this 6.23 paragraph if the registrant properly documents the sale location 6.24 and the distributors. 6.25 (c) The commissioner shall impose a ten cents per ton 6.26 surcharge on the inspection fee under section 18C.425, 6.27 subdivision 6, for fertilizers, soil amendments, and plant 6.28 amendments. 6.29 (d) The commissioner shall impose a surcharge on the 6.30 license application of persons licensed under chapters 18B and 6.31 18C consisting of: 6.32 (1) a $75 surcharge for each site where pesticides are 6.33 stored or distributed, to be imposed as a surcharge on pesticide 6.34 dealer application fees under section 18B.31, subdivision 5; 6.35 (2) a $75 surcharge for each site where a fertilizer, plant 6.36 amendment, or soil amendment is distributed, to be imposed on 7.1 persons licensed under sections 18C.415 and 18C.425; 7.2 (3) a $50 surcharge to be imposed on a structural pest 7.3 control applicator license application under section 18B.32, 7.4 subdivision 6, for business license applications only; 7.5 (4) a $20 surcharge to be imposed on commercial applicator 7.6 license application fees under section 18B.33, subdivision 7; 7.7 (5) a $20 surcharge to be imposed on noncommercial 7.8 applicator license application fees under section 18B.34, 7.9 subdivision 5, except a surcharge may not be imposed on a 7.10 noncommercial applicator that is a state agency, political 7.11 subdivision of the state, the federal government, or an agency 7.12 of the federal government; and 7.13 (6) a $20 surcharge to be imposed on aquatic pest control 7.14 licenses under section 18B.315. 7.15 (e) A $1,000 fee shall be imposed on each site where 7.16 pesticides are stored and sold for use outside of the state 7.17 unless: 7.18 (1) the distributor properly documents that it has less 7.19 than $2,000,000 per year in wholesale value of pesticides stored 7.20 and transferred through the site; or 7.21 (2) the registrant pays the surcharge under paragraph (b) 7.22 and the registration fee under section 18B.26, subdivision 3, 7.23 for all of the pesticides stored at the site and sold for use 7.24 outside of the state. 7.25 (f) Paragraphs (c) to (e) apply to sales, licenses issued, 7.26 applications received for licenses, and inspection fees imposed 7.27 on or after July 1, 1990. 7.28 Sec. 12. Minnesota Statutes 2001 Supplement, section 7.29 18E.04, subdivision 2, is amended to read: 7.30 Subd. 2. [PAYMENT OF CORRECTIVE ACTION COSTS.] (a) On 7.31 request by an eligible person, the board may pay the eligible 7.32 person for the reasonable and necessary cash disbursements for 7.33 corrective action costs incurred by the eligible person as 7.34 provided under subdivision 4 if the board determines: 7.35 (1) the eligible person pays the first $1,000 of the 7.36 corrective action costs; 8.1 (2) the eligible person provides the board with a sworn 8.2 affidavit and other convincing evidence that the eligible person 8.3 is unable to pay additional corrective action costs; 8.4 (3) the eligible person continues to assume responsibility 8.5 for carrying out the requirements of corrective action orders 8.6 issued to the eligible person or that are in effect; 8.7 (4) the incident was reported as required in chapters 18B, 8.8 18C, and 18D; and 8.9 (5) the eligible person submits an application for payment 8.10 or reimbursement to the department within three years of (i) 8.11 incurring eligible corrective action costs, or (ii) approval of 8.12 a corrective action reportdesign, whichever is later. 8.13 (b) The eligible person must submit an application for 8.14 payment or reimbursement of eligible cost incurred prior to July 8.15 1, 2001, no later than June 1, 2004. 8.16 (c) An eligible person is not eligible for payment or 8.17 reimbursement and must refund amounts paid or reimbursed by the 8.18 board if false statements or misrepresentations are made in the 8.19 affidavit or other evidence submitted to the commissioner to 8.20 show an inability to pay corrective action costs. 8.21 (d) The board may pay the eligible person and one or more 8.22 designees by multiparty check. 8.23 Sec. 13. Minnesota Statutes 2000, section 18E.04, 8.24 subdivision 3, is amended to read: 8.25 Subd. 3. [PARTIAL REIMBURSEMENT.] (a) If the unencumbered 8.26 balance of the account drops below $2,000,000, the board may 8.27 only pay or reimburse an eligible person up to $100,000 within 8.28 the same fiscal year. 8.29 (b) If the board determines that an incident was caused by 8.30 a violation of chapter 18B, 18C, or 18D, the board may reimburse 8.31 or pay a portion of the corrective action costs of the eligible 8.32 person based on the culpability of the eligible person and the 8.33 percentage of the costs not attributable to the violation. 8.34 Sec. 14. Minnesota Statutes 2001 Supplement, section 8.35 18E.04, subdivision 4, is amended to read: 8.36 Subd. 4. [REIMBURSEMENT PAYMENTS.] (a) The board shall pay 9.1 a person that is eligible for reimbursement or payment under 9.2 subdivisions 1, 2, and 3 from the agricultural chemical response 9.3 and reimbursement account for :9.4 (1) 9080 percent of the total reasonable and necessary 9.5 corrective action costs greater than $1,000 and less than or 9.6 equal to $200,000;9.7 (2) 80 percent of the total reasonable and necessary9.8 corrective action costs greater than $200,000 but less than or9.9 equal to $300,000; and9.10 (3) 60 percent of the total reasonable and necessary9.11 corrective action costs greater than $300,000 but less than or9.12 equal to$350,000. 9.13 (b) A reimbursement or payment may not be made until the 9.14 board has determined that the costs are reasonable and are for a 9.15 reimbursement of the costs that were actually incurred. 9.16 (c) The board may make periodic payments or reimbursements 9.17 as corrective action costs are incurred upon receipt of invoices 9.18 for the corrective action costs. 9.19 (d) Money in the agricultural chemical response and 9.20 reimbursement account is appropriated to the commissioner to 9.21 make payments and reimbursements directed by the board under 9.22 this subdivision. 9.23 (e) The board may not make reimbursement greater than the 9.24 maximum allowed under paragraph (a) for all incidents on a 9.25 single site which: 9.26 (1) were not reported at the time of release but were 9.27 discovered and reported after July 1, 1989; and 9.28 (2) may have occurred prior to July 1, 1989, as determined 9.29 by the commissioner. 9.30 (f) The board may only reimburse an eligible person for 9.31 separate incidents within a single site if the commissioner 9.32 determines that each incident is completely separate and 9.33 distinct in respect of location within the single site or time 9.34 of occurrence. 9.35 (g) Except for an emergency incident, the board may not 9.36 reimburse or pay for more than 60 percent of the corrective 10.1 action costs of an eligible person or for an incident within 10.2 five years of a previous incident at a single site resulting 10.3 from a site recontamination, as determined by the commissioner. 10.4 Sec. 15. Minnesota Statutes 2000, section 18E.04, is 10.5 amended by adding a subdivision to read: 10.6 Subd. 4a. [MAXIMUM ELIGIBLE SINGLE SITE COSTS.] The board 10.7 may only reimburse or pay an eligible person for eligible 10.8 corrective action costs up to a maximum of $350,000 for a single 10.9 site except for emergency incidents. 10.10 Sec. 16. Minnesota Statutes 2000, section 18E.06, is 10.11 amended to read: 10.12 18E.06 [REPORT.] 10.13 By SeptemberDecember 1 of each year, the agricultural 10.14 chemical response compensation board and the commissioner shall 10.15 submit to the house of representatives committee on ways and 10.16 means, the senate committee on finance, the house of 10.17 representatives and senate committees with jurisdiction over the 10.18 environment, natural resources, and agriculture, and the 10.19 environmental quality board a report detailing the activities 10.20 and reimbursements for which money from the account has been 10.21 spent during the previous year. 10.22 Sec. 17. Minnesota Statutes 2000, section 21.111, is 10.23 amended by adding a subdivision to read: 10.24 Subd. 3a. [INTERSTATE COOPERATION.] In order to best use 10.25 state resources, the commissioner may enter into agreements with 10.26 other seed potato certification entities to carry out the 10.27 purposes of sections 21.111 to 21.122. Any agreement may 10.28 provide for field inspections, shipping point inspections, 10.29 winter tests, and other certification functions to be carried 10.30 out by personnel employed by either entity according to methods 10.31 determined by the certification entities of the respective 10.32 areas. The commissioner may extend seed potato certification 10.33 services to states where growers wish to grow certified seed 10.34 potatoes and the state does not have a seed potato certification 10.35 program. Any agreement must be reported to the chairs of the 10.36 legislative committees responsible for the budget or policy of 11.1 the seed potato inspection program and to the commissioner of 11.2 finance. 11.3 Sec. 18. Minnesota Statutes 2000, section 31.101, as 11.4 amended by Laws 2001, First Special Session chapter 2, section 11.5 53, is amended to read: 11.6 31.101 [RULES; HEARINGS; UNIFORMITY WITH FEDERAL LAW.] 11.7 Subdivision 1. [AUTHORITY.] The commissioner may 11.8 promulgate and amend rules for the efficient administration and 11.9 enforcement of the Minnesota Food Law. The rules when 11.10 applicable must conform, insofar as practicable and consistent 11.11 with state law, with those promulgated under the federal law. 11.12 This rulemaking authority is in addition to that in sections 11.13 31.10, 31.11, and 31.12. Rules adopted under this section may 11.14 be amended by the commissioner under chapter 14, subject to the 11.15 limitation in subdivision 7. 11.16 Subd. 2. [HEARINGS.] Hearings authorized or required by 11.17 law must be conducted by the commissioner or an officer, agent, 11.18 or employee the commissioner designates for the purpose. 11.19 Subd. 3. [PESTICIDE CHEMICAL RULES.] Federal pesticide 11.20 chemical regulations in effect on April 1, 20002001, adopted 11.21 under authority of the Federal Insecticide, Fungicide and 11.22 Rodenticide Act, as provided by United States Code, title 7, 11.23 chapter 6, are the pesticide chemical rules in this state. 11.24 Subd. 4. [FOOD ADDITIVE RULES.] Federal food additive 11.25 regulations in effect on April 1, 20002001, as provided by Code 11.26 of Federal Regulations, title 21, parts 170 to 199, are the food 11.27 additive rules in this state. 11.28 Subd. 5. [COLOR ADDITIVE RULES.] Federal color additive 11.29 regulations in effect on April 1, 20002001, as provided by Code 11.30 of Federal Regulations, title 21, parts 70 to 82, are the color 11.31 additive rules in this state. 11.32 Subd. 6. [SPECIAL DIETARY USE RULES.] Federal special 11.33 dietary use regulations in effect on April 1, 20002001, as 11.34 provided by Code of Federal Regulations, title 21, parts 104 and 11.35 105, are the special dietary use rules in this state. 11.36 Subd. 7. [FAIR PACKAGING AND LABELING RULES.] Federal 12.1 regulations in effect on April 1, 20002001, adopted under the 12.2 Fair Packaging and Labeling Act, as provided by United States 12.3 Code, title 15, sections 1451 to 1461, are the rules in this 12.4 state. The commissioner may not adopt amendments to these rules 12.5 or adopt other rules which are contrary to the labeling 12.6 requirements for the net quantity of contents required pursuant 12.7 to section 4 of the Fair Packaging and Labeling Act and the 12.8 regulations adopted under that act. 12.9 Subd. 8. [FOOD AND DRUGS RULES.] Applicable federal 12.10 regulations including recodification contained in Code of 12.11 Federal Regulations, title 21, parts 0-1299, Food and Drugs, in 12.12 effect April 1, 20002001, and not otherwise adopted herein, 12.13 also are adopted as food rules of this state. 12.14 Subd. 9. [FISHERY PRODUCTS RULES.] Federal regulations in 12.15 effect on April 1, 20002001, as provided by Code of Federal 12.16 Regulations, title 50, parts 260 to 267, are incorporated as 12.17 part of the fishery products rules in this state for state 12.18 inspections performed under a cooperative agreement with the 12.19 United States Department of Commerce, National Marine Fisheries 12.20 Service. 12.21 Subd. 10. [MEAT AND POULTRY RULES.] Federal regulations in 12.22 effect on April 1, 20002001, as provided by Code of Federal 12.23 Regulations, title 9, part 301, et seq., are incorporated as 12.24 part of the meat and poultry rules in this state. 12.25 Subd. 11. [STANDARDS FOR FRESH FRUITS, VEGETABLES, AND 12.26 OTHER PRODUCTS.] Federal regulations in effect on April 1, 12.27 20002001, as provided by Code of Federal Regulations, title 7, 12.28 parts 51 and 52, are incorporated as part of the rules in this 12.29 state. 12.30 Subd. 12. [DAIRY GRADE RULES; MANUFACTURING PLANT 12.31 STANDARDS.] Federal grading and inspection standards for 12.32 manufacturing dairy plants and products and amendments thereto 12.33 in effect on JanuaryApril 1, 2001, as provided by Code of 12.34 Federal Regulations, title 7, part 58, subparts B-W, are adopted 12.35 as the dairy grade rules and manufacturing plant standards in 12.36 this state. 13.1 Sec. 19. Minnesota Statutes 2000, section 31.102, 13.2 subdivision 1, is amended to read: 13.3 Subdivision 1. [IDENTITY, QUANTITY, AND FILL OF CONTAINER 13.4 RULES.] Federal definitions and standards of identity, quality, 13.5 and fill of container in effect on April 1, 20002001, adopted 13.6 under authority of the federal act, are the definitions and 13.7 standards of identity, quality, and fill of container in this 13.8 state. The rules may be amended by the commissioner under 13.9 chapter 14. 13.10 Sec. 20. Minnesota Statutes 2000, section 31.103, 13.11 subdivision 1, is amended to read: 13.12 Subdivision 1. [CONSUMER COMMODITIES LABELING RULES.] All 13.13 labels of consumer commodities must conform with the 13.14 requirements for the declaration of net quantity of contents of 13.15 section 4 of the Fair Packaging and Labeling Act (United States 13.16 Code, title 15, section 1451 et seq.) and federal regulations in 13.17 effect on April 1, 20002001, adopted under authority of that 13.18 act, except to the extent that the commissioner amends the rules 13.19 under chapter 14. Consumer commodities exempted from the 13.20 requirements of section 4 of the Fair Packaging and Labeling Act 13.21 are also exempt from this subdivision. 13.22 Sec. 21. Minnesota Statutes 2000, section 31.104, is 13.23 amended to read: 13.24 31.104 [FOOD LABELING EXEMPTION RULES.] 13.25 The commissioner shall promulgate rules exempting from any 13.26 labeling requirement food which is, in accordance with the 13.27 practice of the trade, to be processed, labeled, or repacked in 13.28 substantial quantities at establishments other than those where 13.29 originally processed or packed, on condition that such food is 13.30 not adulterated or misbranded upon removal from such processing, 13.31 labeling, or repacking establishment. 13.32 Federal regulations in effect on April 1, 20002001, 13.33 adopted under authority of the federal act relating to such 13.34 exemptions are effective in this state unless the commissioner 13.35 amends them. The commissioner also may amend existing rules 13.36 concerning exemptions under chapter 14. 14.1 Sec. 22. [35.155] [CERVIDAE IMPORT RESTRICTIONS.] 14.2 (a) A person must not import cervidae into the state from a 14.3 herd that is infected or exposed to chronic wasting disease or 14.4 from a known chronic wasting disease endemic area, as determined 14.5 by the board. A person may import cervidae into the state only 14.6 from a herd that is not in a known chronic wasting disease 14.7 endemic area, as determined by the board, and the herd has been 14.8 subject to a state or provincial approved chronic wasting 14.9 disease monitoring program for at least three years. Cervidae 14.10 imported in violation of this section may be seized and 14.11 destroyed by the commissioner of natural resources. 14.12 (b) This section expires on June 1, 2003. 14.13 Sec. 23. Minnesota Statutes 2000, section 41B.03, 14.14 subdivision 1, is amended to read: 14.15 Subdivision 1. [ELIGIBILITY GENERALLY.] To be eligible for 14.16 a program in sections 41B.01 to 41B.23: 14.17 (1) a borrower must be a resident of Minnesota or a 14.18 domestic family farm corporation or family farm partnership, as 14.19 defined in section 500.24, subdivision 2; and 14.20 (2) the borrower or one of the borrowers must be the 14.21 principal operator of the farm or, for a prospective homestead 14.22 redemption borrower, must have at one time been the principal 14.23 operator of a farm. 14.24 Sec. 24. Minnesota Statutes 2000, section 41B.03, 14.25 subdivision 3, is amended to read: 14.26 Subd. 3. [ELIGIBILITY FOR BEGINNING FARMER LOANS.] (a) In 14.27 addition to the requirements under subdivision 1, a prospective 14.28 borrower for a beginning farm loan in which the authority holds 14.29 an interest, must: 14.30 (1) have sufficient education, training, or experience in 14.31 the type of farming for which the loan is desired; 14.32 (2) have a total net worth, including assets and 14.33 liabilities of the borrower's spouse and dependents, of less 14.34 than $200,000 in 1991 and an amount in subsequent years which is 14.35 adjusted for inflation by multiplying $200,000 by the cumulative 14.36 inflation rate as determined by the United States All-Items 15.1 Consumer Price Index; 15.2 (3) demonstrate a need for the loan; 15.3 (4) demonstrate an ability to repay the loan; 15.4 (5) certify that the agricultural land to be purchased will 15.5 be used by the borrower for agricultural purposes; 15.6 (6) certify that farming will be the principal occupation 15.7 of the borrower; 15.8 (7) agree to participate in a farm management program 15.9 approved by the commissioner of agriculture for at least the 15.10 first fivethree years of the loan, if an approved program is 15.11 available within 45 miles from the borrower's residence. The 15.12 commissioner may waive this requirement for any of the programs 15.13 administered by the authority if the participant requests a 15.14 waiver and has either a four-year degree in an agricultural 15.15 program or certification as an adult farm management instructor; 15.16 and 15.17 (8) agree to file an approved soil and water conservation 15.18 plan with the soil conservation service office in the county 15.19 where the land is located. 15.20 (b) If a borrower fails to participate under paragraph (a), 15.21 clause (7), the borrower is subject to penalty as determined by 15.22 the authority. 15.23 Sec. 25. Minnesota Statutes 2001 Supplement, section 15.24 41B.046, subdivision 2, is amended to read: 15.25 Subd. 2. [ESTABLISHMENT.] The authority shall establish 15.26 and implement a value-added agricultural product loan program to 15.27 help farmers finance the purchase of stock in a cooperative, 15.28 limited liability company, or limited liability partnership that 15.29 is proposing to build or purchase and operate an agricultural 15.30 product processing facility or already owns and operates an 15.31 agricultural product processing facility. 15.32 Sec. 26. [41B.049] [METHANE DIGESTER LOAN PROGRAM.] 15.33 Subdivision 1. [ESTABLISHMENT.] The authority shall 15.34 establish and implement a methane digester loan program to help 15.35 finance the purchase of necessary equipment and the construction 15.36 of a system that will utilize manure to produce electricity. 16.1 Subd. 2. [REVOLVING FUND.] There is established in the 16.2 state treasury a revolving fund, which is eligible to receive 16.3 appropriations and the transfer of funds from other services. 16.4 All repayments of financial assistance granted under subdivision 16.5 1, including principal and interest, must be deposited into this 16.6 fund. Interest earned on money in the fund accrues to the fund, 16.7 and money in the fund is appropriated to the commissioner of 16.8 agriculture for purposes of the manure digester loan program, 16.9 including costs incurred by the authority to establish and 16.10 administer the program. 16.11 Subd. 3. [ELIGIBILITY.] Notwithstanding section 41B.03, to 16.12 be eligible for a loan under this section a borrower must: 16.13 (1) locate the projects and utilize the equipment and 16.14 practices on land located in Minnesota; 16.15 (2) provide evidence of financial stability; 16.16 (3) demonstrate an ability to repay the loan; and 16.17 (4) provide evidence that the practices implemented and 16.18 capital assets purchased will be properly managed and maintained. 16.19 Subd. 4. [LOANS.] (a) The authority may make a direct loan 16.20 or participate in a loan with an eligible lender to a farmer who 16.21 is eligible under subdivision 3. The interest rates and 16.22 repayment terms of the authority's participation interest may 16.23 differ from the interest rates and repayment terms of the 16.24 lender's retained portion of the loan. The authority's interest 16.25 rate for a direct loan or a loan participation must not exceed 16.26 four percent. 16.27 (b) Application for a direct loan or a loan participation 16.28 must be made on forms prescribed by the authority. 16.29 (c) Standards for loan amortization shall be set by the 16.30 rural finance authority not to exceed ten years. 16.31 (d) Security for the loans must be a personal note executed 16.32 by the borrower and whatever other security is required by the 16.33 eligible lender or the authority. 16.34 (e) No loan proceeds may be used to refinance a debt 16.35 existing prior to application. 16.36 (f) The authority may impose a reasonable nonrefundable 17.1 application fee for each application for a direct loan or a loan 17.2 participation. The authority may review the application fees 17.3 annually and make adjustments as necessary. The application fee 17.4 is initially set at $100 for a loan under subdivision 1. The 17.5 fees received by the authority must be deposited in the 17.6 revolving fund created in subdivision 2. 17.7 Subd. 5. [LOAN CRITERIA.] (a) To be eligible, a borrower 17.8 must be a resident of Minnesota or an entity that is not 17.9 prohibited from owning agricultural land under section 500.24. 17.10 (b) State participation in a participation loan is limited 17.11 to 45 percent of the principal amount of the loan. A direct 17.12 loan or loan participation may not exceed $250,000. 17.13 (c) Loans under this program may be used as a match for 17.14 federal loans or grants. 17.15 (d) A borrower who has previously received a loan under 17.16 subdivision 1 is prohibited from receiving another methane 17.17 digester loan under subdivision 1. 17.18 Sec. 27. Minnesota Statutes 2000, section 97A.105, is 17.19 amended by adding a subdivision to read: 17.20 Subd. 3a. [CERVIDAE RUNNING AT LARGE PROHIBITED.] (a) An 17.21 owner may not allow cervidae to run at large. The owner must 17.22 make all reasonable efforts to return escaped cervidae to their 17.23 enclosures as soon as possible. The owner must notify the 17.24 commissioner of the escape of cervidae if the cervidae are not 17.25 returned or captured by the owner within 24 hours of their 17.26 escape. 17.27 (b) An owner is liable for expenses of another person in 17.28 capturing, caring for, and returning cervidae that have left 17.29 their enclosures if the person capturing the cervidae contacts 17.30 the owner as soon as possible. 17.31 (c) If an owner is unwilling or unable to capture escaped 17.32 cervidae, the commissioner may destroy the escaped cervidae. 17.33 The commissioner must allow the owner to attempt to capture the 17.34 escaped cervidae prior to destroying the cervidae. Cervidae 17.35 that are not captured by 24 hours after escape may be destroyed. 17.36 Sec. 28. Minnesota Statutes 2000, section 97A.105, is 18.1 amended by adding a subdivision to read: 18.2 Subd. 3b. [WILD CERVIDAE INSIDE CONFINEMENT AREA.] An 18.3 owner, or employee or agent under the direction of the owner, 18.4 must destroy wild cervidae found within the game farm owner's 18.5 cervidae confinement area. The owner, employee, or agent must 18.6 report the wild cervidae destroyed to a conservation officer or 18.7 an employee of the division of wildlife within 24 hours. The 18.8 wild cervidae must be disposed of as prescribed by the 18.9 commissioner. 18.10 Sec. 29. Minnesota Statutes 2000, section 97C.065, is 18.11 amended to read: 18.12 97C.065 [POLLUTANTS IN WATERS.] 18.13 Subdivision 1. [PROHIBITION; PENALTIES.] A person may not 18.14 dispose of any substance in state waters, or allow any substance 18.15 to enter state waters, in quantities that injure or are 18.16 detrimental to the propagation of wild animals or taint the 18.17 flesh of wild animals. Each day of violation is a separate 18.18 offense. An occurring or continuous violation is a public 18.19 nuisance. An action may be brought by the attorney general to 18.20 enjoin and abate nuisance upon request of the commissioner. 18.21 Subd. 2. [EXEMPTIONS.] This section does not apply to 18.22 chemicals used for pest control for the general welfare of the 18.23 public. This section does not apply to land applied manure or 18.24 stockpiled manure managed according to section 116.07, 18.25 subdivision 7. 18.26 Sec. 30. [116.0714] [NEW OPEN AIR SWINE BASINS.] 18.27 After the effective date of this section, the commissioner 18.28 of the pollution control agency or a county board shall not 18.29 approve any permits for the construction of new open air swine 18.30 basins, except that existing facilities may use one basin of 18.31 less than 1,000,000 gallons as part of a permitted waste 18.32 treatment program for resolving pollution problems or to allow 18.33 conversion of an existing basin of less than 1,000,000 gallons 18.34 to a different animal type, provided all standards are met. 18.35 This section expires June 30, 2007. 18.36 Sec. 31. Minnesota Statutes 2000, section 223.16, 19.1 subdivision 5, is amended to read: 19.2 Subd. 5. [GRAIN BUYER.] "Grain buyer" means a person who 19.3 purchases grain for the purpose of reselling the grain or 19.4 products made from the grain, with the exception of a person who 19.5 purchases seed grain for crop production or who purchases grain 19.6 as feed for the person's own livestock. 19.7 Sec. 32. Laws 2001, chapter 206, section 14, is amended to 19.8 read: 19.9 Sec. 14. [500.222] [EXEMPT ACREAGE IN LAND EXCHANGE.] 19.10 The city of Bird IslandA local unit of government may 19.11 exchange a parcel of land owned by it or acquired for it by a 19.12 qualified intermediary, for a parcel of agricultural real estate 19.13 that is owned by an individual exempt under Minnesota Statutes,19.14 section 500.221, based on ownership being lawfully acquired 19.15 prior to June 1, 1981. Since there is no exception for19.16 exchanged property under Minnesota Statutes, section 500.221,19.17 the exchange of the city's parcel would result in the loss of19.18 exemption for the exchanged property. Accordingly, this act19.19 provides thatThe agricultural land being exchanged for the 19.20 parcel that is currently exempt shall also be exempt under 19.21 Minnesota Statutes,section 500.221, as if it had been purchased 19.22 by the owner prior to June 1, 1981. SuchThe exchanged parcel 19.23 shall have exactly the same rightsstatus under the19.24 statutesection 500.221 as the parcel to be exchanged and 19.25 the status may be stated on the deeds used to effectuate the 19.26 transaction may so state. 19.27 Sec. 33. [NONTHERAPEUTIC ANTIMICROBIAL USE IN ANIMAL 19.28 AGRICULTURE; REPORT.] 19.29 By January 15, 2003, the commissioner of agriculture, after 19.30 consultation with the board of animal health, the commissioner 19.31 of health, and other interested parties, shall prepare and 19.32 submit a report to the senate and house of representatives 19.33 policy committees with jurisdiction over agriculture, 19.34 environment, and health on nontherapeutic antimicrobial use in 19.35 animal agriculture in Minnesota. The report shall include: 19.36 (1) available information on the type of nontherapeutic 20.1 antimicrobials used and the level of use in animal feed and 20.2 other supplements, including itemized information on use that is 20.3 based on the type of animal species; 20.4 (2) available information on the total amount of specific 20.5 nontherapeutic antimicrobials used in animal agriculture in 20.6 Minnesota; 20.7 (3) specific information and concerns on the use of 20.8 "medically important" nontherapeutic antimicrobials in animal 20.9 agriculture; 20.10 (4) recommendations for improved research and information 20.11 on the use of nontherapeutic antimicrobials in animal 20.12 agriculture; and 20.13 (5) other information on the use of nontherapeutic 20.14 antimicrobials in animal agriculture, as determined by the 20.15 commissioner. 20.16 Sec. 34. [CHRONIC WASTING DISEASE RECOMMENDATIONS; 20.17 REPORT.] 20.18 The board of animal health and the commissioner of natural 20.19 resources, in consultation with the cervidae advisory committee 20.20 and other interested parties, shall jointly study and make 20.21 recommendations on measures to protect domestic and wild 20.22 cervidae from chronic wasting disease. The report shall include 20.23 recommendations for: 20.24 (1) cervidae fence specifications; 20.25 (2) disease infection prevention measures; 20.26 (3) criteria for quarantine or destruction of contaminated 20.27 herds; 20.28 (4) methods of harvest; 20.29 (5) tagging of cervidae; and 20.30 (6) other items determined by the board and the 20.31 commissioner. 20.32 By January 15, 2003, the board and the commissioner shall report 20.33 their recommendations to the senate and house of representatives 20.34 committees with jurisdiction over agriculture and natural 20.35 resources policy. 20.36 Sec. 35. [TEMPORARY WAIVER OF RULE.] 21.1 The application of Minnesota Rules, part 1720.0620, is 21.2 temporarily waived from June 1, 2002, to June 30, 2003, for 21.3 products used exclusively for poultry. 21.4 Sec. 36. [NOXIOUS WEED RULES.] 21.5 The commissioner of agriculture shall amend the rules 21.6 authorized under Minnesota Statutes, section 18.79, pursuant to 21.7 Minnesota Statutes, section 14.388, to add Grecian Foxglove 21.8 (digitalis lanata) to the list of secondary noxious weeds. 21.9 Sec. 37. [FARM SAFETY AND HEALTH PROGRAM; APPROPRIATION 21.10 AVAILABILITY.] 21.11 The encumbered balance on April 1, 2002, of the 21.12 appropriation for a farm safety and health program grant to the 21.13 Minnesota extension service in Laws 1999, chapter 231, section 21.14 11, subdivision 3, is available until June 30, 2002. 21.15 Sec. 38. [TRANSFER OF FUNDS; DEPOSIT OF REPAYMENTS.] 21.16 The remaining balance in the revolving account in Minnesota 21.17 Statutes, section 17.115, that is dedicated to manure digester 21.18 loans under Minnesota Statutes, section 17.115, subdivision 5, 21.19 shall be transferred to the revolving fund established under 21.20 Minnesota Statutes, section 41B.049, subdivision 2, on the 21.21 effective date of this section. Notwithstanding Minnesota 21.22 Statutes, section 17.115, and Laws 2002, chapter 220, article 9, 21.23 section 7, all future receipts from manure digester loans 21.24 originated under Minnesota Statutes, section 17.115, and from 21.25 disaster recovery loans, under Minnesota Statutes, section 21.26 41B.047, shall be deposited in the revolving fund established 21.27 under Minnesota Statutes, section 41B.049, subdivision 2. 21.28 Sec. 39. [UNIVERSITY OF MINNESOTA.] 21.29 Notwithstanding the restrictions in Minnesota Statutes, 21.30 section 41B.049, subdivision 4, the commissioner may participate 21.31 in a zero interest loan to the University of Minnesota for up to 21.32 $100,000 for purchase of a methane digester under Minnesota 21.33 Statutes, section 41B.049, subdivision 1. 21.34 Sec. 40. [EFFECTIVE DATE.] 21.35 Sections 2, 3, 22, 27, 28, 30, 32, 34, 35, 36, and 37 are 21.36 effective the day following final enactment.