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HF 4477

as introduced - 91st Legislature (2019 - 2020) Posted on 03/16/2020 09:58am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to agriculture; modifying Noxious Weed Advisory Committee membership,
rulemaking authority, and seed law provisions; amending Minnesota Statutes 2018,
sections 18.91, subdivision 2; 21.75, subdivision 1; 21.85, subdivision 15; proposing
coding for new law in Minnesota Statutes, chapter 21.

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

Section 1.

Minnesota Statutes 2018, section 18.91, subdivision 2, is amended to read:


Subd. 2.

Membership.

The commissioner shall appoint members, which shall include
representatives from the following:

(1)new text begin the Department ofnew text end Horticultural Sciencedeleted text begin, agronomy, and forestrydeleted text end at the University
of Minnesota;

new text begin (2) the Department of Agronomy at the University of Minnesota;
new text end

new text begin (3) the Department of Forest Resources at the University of Minnesota;
new text end

deleted text begin (2)deleted text endnew text begin (4)new text end the nursery and landscape industry in Minnesota;

deleted text begin (3)deleted text endnew text begin (5)new text end the seed industry in Minnesota;

deleted text begin (4)deleted text endnew text begin (6)new text end the Department of Agriculture;

deleted text begin (5)deleted text endnew text begin (7)new text end the Department of Natural Resources;

deleted text begin (6)deleted text endnew text begin (8)new text end a conservation organization;

deleted text begin (7)deleted text endnew text begin (9)new text end an environmental organization;

deleted text begin (8)deleted text endnew text begin (10)new text end at least two farm organizations;

deleted text begin (9)deleted text endnew text begin (11)new text end the county agricultural inspectors;

deleted text begin (10)deleted text endnew text begin (12)new text end citydeleted text begin, township, and countydeleted text end governments;

new text begin (13) township governments;
new text end

new text begin (14) county governments;
new text end

deleted text begin (11)deleted text endnew text begin (15)new text end the Department of Transportation;

deleted text begin (12)deleted text endnew text begin (16)new text end the University of Minnesota Extension;

deleted text begin (13)deleted text endnew text begin (17)new text end the timber and forestry industry in Minnesota;

deleted text begin (14)deleted text endnew text begin (18)new text end the Board of Water and Soil Resources;

deleted text begin (15)deleted text endnew text begin (19)new text end soil and water conservation districts;

deleted text begin (16)deleted text endnew text begin (20) thenew text end Minnesota Association of County Land Commissioners; and

deleted text begin (17)deleted text endnew text begin (21) othernew text end members as needed.

Sec. 2.

Minnesota Statutes 2018, section 21.75, subdivision 1, is amended to read:


Subdivision 1.

Enforcement; rulemaking.

deleted text beginThe duty of enforcing sections 21.71 to
21.78 and carrying out the provisions and requirements thereof is vested in the commissioner
of agriculture. The commissioner, personally or through agents, shall
deleted text endnew text begin The commissioner
must enforce sections 21.71 to 21.78. The commissioner must
new text end:

(1) sample, inspect, make analysis of, and test weed-seed infested agricultural seeds and
grains, or screenings, transported, sold, or offered, or exposed for sale within this state for
any purpose, at such time and place, and to such extent as the commissioner may deem
necessary to determine whether such weed-seed infested agricultural seeds and grain, or
screenings, is in compliance with the provisions of sections 21.71 to 21.78, and to notify
promptly the person who transported, sold, offered, or exposed the weed-seed infested
agricultural seeds and grains, or screenings, for sale of any violation;new text begin and
new text end

(2) prescribe and, after public hearing following due public notice, adopt such rules as
may be necessary to secure the efficient enforcement of sections 21.71 to 21.78. deleted text beginSuch rules
are to be adopted in accordance with the law; and
deleted text end

deleted text begin (3) Prescribe and, after public hearing following due public notice, establish, add to, or
subtract therefrom by rules a restricted noxious weed-seed list.
deleted text end

Sec. 3.

Minnesota Statutes 2018, section 21.85, subdivision 15, is amended to read:


Subd. 15.

Prohibited and restricted seeds.

new text begin(a) new text endThe commissioner deleted text beginshalldeleted text endnew text begin, in consultation
with the Seed Program Advisory Committee, must
new text end determine species that are considered
prohibited weed seeds and restricted noxious weed seeds and the allowable rate of occurrence
of restricted noxious weed seedsdeleted text begin.deleted text endnew text begin subject to sections 21.80 to 21.92. The commissioner must
prepare, publish, and revise at least once every three years, a list of prohibited and restricted
noxious weed seeds. The commissioner must distribute the list to the public and may request
the help of the United States Department of Agriculture's published All-States Noxious
Weed Seed List or any other organization that the commissioner considers appropriate to
assist in the distribution. The commissioner may, in consultation with the Seed Program
Advisory Committee, accept and consider noxious weed seed designation petitions from
Minnesota citizens or Minnesota organizations or associations including the Noxious Weed
Advisory Committee.
new text end

new text begin (b) Restricted weed seeds, if present in weed-seed infested agricultural seeds and grains,
or screenings, must not be present singly or collectively in excess of the rate of 90 per pound.
new text end

new text begin (c) Prohibited noxious weed seeds must not be present in weed-seed infested agricultural
seeds and grains, or screenings.
new text end

Sec. 4.

new text begin [21.851] ADVISORY COMMITTEE; MEMBERSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin The commissioner must consult with the Seed Program Advisory
Committee to advise the commissioner concerning responsibilities under the seed regulatory
program. The committee must evaluate species for invasiveness, difficulty of control, cost
of control, benefits, and amount of injury caused by each species. For each species evaluated,
the committee must recommend to the commissioner whether a species should be listed as
a prohibited noxious weed seed or restricted noxious weed seed or not be listed. Species
designated as prohibited or restricted noxious weed seeds must be reevaluated every three
years for a recommendation on whether or not the designated species need to remain on the
noxious weed seed lists. The committee must also advise the commissioner on the
implementation of the Minnesota Seed Law. Members of the committee are not entitled to
reimbursement of expenses nor payment of per diem. Members serve two-year terms with
subsequent reappointment by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The commissioner must appoint members to include
representatives from:
new text end

new text begin (1) the College of Food, Agricultural and Natural Resource Sciences or Extension at the
University of Minnesota;
new text end

new text begin (2) Minnesota Crop Improvement;
new text end

new text begin (3) the seed industry in Minnesota, a minimum of six members with representation from
multinational, national, regional, and Minnesota seed companies;
new text end

new text begin (4) the grain industry in Minnesota;
new text end

new text begin (5) farmers in Minnesota;
new text end

new text begin (6) other state and federal agencies with an interest in seed; and
new text end

new text begin (7) other members as needed.
new text end

new text begin Subd. 3. new text end

new text begin Organization. new text end

new text begin The committee must select a chair from its membership. Meetings
of the committee may be called by or at the direction of the commissioner or the chair.
new text end