HF 4239

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; changing the incidence of a dog food fee; amending
Minnesota Statutes 2006, sections 25.33, by adding a subdivision; 25.39,
subdivision 1.

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

Section 1.

Minnesota Statutes 2006, section 25.33, is amended by adding a subdivision
to read:

new text begin Subd. 25. new text end

new text begin Recipe. new text end

new text begin "Recipe" means a comprehensive list of ingredients comprising
a pet food or specialty pet food and including the precise quantity of each ingredient
per batch or individual serving.
new text end

Sec. 2.

Minnesota Statutes 2006, section 25.39, subdivision 1, is amended to read:

Subdivision 1.

Amount of fee.

(a) An inspection fee at the rate of 16 cents per ton
must be paid to the commissioner on commercial feeds distributed in this state by the
person who first distributes the commercial feed, except that:

(1) no fee need be paid on:

(i) a commercial feed if the payment has been made by a previous distributor; or

(ii) customer formula feeds if the inspection fee is paid on the commercial feeds
which are used as ingredients; or

(2) a Minnesota feed distributor who can substantiate that greater than 50 percent
of the distribution of commercial feed is to purchasers outside the state may purchase
commercial feeds without payment of the inspection fee under a tonnage fee exemption
permit issued by the commissioner. Such location specific permits shall be issued on a
calendar year basis to commercial feed distributors who submit a $100 nonrefundable
application fee and comply with rules adopted by the commissioner relative to record
keeping, tonnage of commercial feed distributed in Minnesota, total of all commercial
feed tonnage distributed, and all other information which the commissioner may require
so as to ensure that proper inspection fee payment has been made.

(b) In the case of pet food distributed in the state only in packages of ten pounds
or less, a listing of each deleted text begin product deleted text end new text begin recipe, accompanied by a list of each pet food product
comprised exclusively of that recipe new text end and a current label for each product must be
submitted annually on forms provided by the commissioner and accompanied by an
annual fee of $50 for each deleted text begin product deleted text end new text begin recipe new text end in lieu of the inspection fee. This annual fee is
due by July 1. The inspection fee required by paragraph (a) applies to pet food distributed
in packages exceeding ten pounds.

(c) In the case of specialty pet food distributed in the state only in packages of ten
pounds or less, a listing of each deleted text begin product deleted text end new text begin recipe, accompanied by a list of each specialty pet
food product comprised exclusively of that recipe new text end and a current label for each product
must be submitted annually on forms provided by the commissioner and accompanied by
an annual fee of $25 for each deleted text begin product deleted text end new text begin recipe new text end in lieu of the inspection fee. This annual fee
is due by July 1. The inspection fee required by paragraph (a) applies to specialty pet food
distributed in packages exceeding ten pounds.

(d) The minimum inspection fee is $10 per annual reporting period.

new text begin (e) The commissioner shall treat a recipe submitted under paragraph (b) or (c) as a
trade secret and nonpublic data.
new text end