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HF 598

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:39am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to agriculture; changing certain provisions of the nursery law; amending
Minnesota Statutes 2008, sections 18H.02, subdivision 12a, by adding
subdivisions; 18H.07, subdivisions 2, 3; 18H.09; 18H.10; repealing Minnesota
Rules, part 1505.0820.

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

Section 1.

Minnesota Statutes 2008, section 18H.02, subdivision 12a, is amended to
read:


Subd. 12a.

deleted text begin Individualdeleted text end new text begin Dormantnew text end .

deleted text begin "Individual" means a human beingdeleted text end new text begin "Dormant"
means nursery stock without etiolated growthnew text end .

Sec. 2.

Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision
to read:


new text begin Subd. 12b. new text end

new text begin Etiolated growth. new text end

new text begin "Etiolated growth" means bleached and unnatural
growth resulting from the exclusion of sunlight.
 new text end

Sec. 3.

Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision
to read:


new text begin Subd. 12c. new text end

new text begin Individual. new text end

new text begin "Individual" means a human being.
 new text end

Sec. 4.

Minnesota Statutes 2008, section 18H.02, is amended by adding a subdivision
to read:


new text begin Subd. 24a. new text end

new text begin Packaged stock. new text end

new text begin "Packaged stock" means bare root nursery stock
packed with the roots in moisture-retaining material encased in plastic film or other
material designed to hold the moisture-retaining material in place.
 new text end

Sec. 5.

Minnesota Statutes 2008, section 18H.07, subdivision 2, is amended to read:


Subd. 2.

Nursery stock grower certificate.

(a) A nursery stock grower must
pay an annual fee based on the area of all acreage on which nursery stock is grown for
certification as follows:

(1) less than one-half acre, $150;

(2) from one-half acre to two acres, $200;

(3) over two acres up to five acres, $300;

(4) over five acres up to ten acres, $350;

(5) over ten acres up to 20 acres, $500;

(6) over 20 acres up to 40 acres, $650;

(7) over 40 acres up to 50 acres, $800;

(8) over 50 acres up to 200 acres, $1,100;

(9) over 200 acres up to 500 acres, $1,500; and

(10) over 500 acres, $1,500 plus $2 for each additional acre.

(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee
due must be charged for each month, or portion thereof, that the fee is delinquent up
to a maximum of 30 percent for any application for renewal not deleted text begin received by January 1deleted text end new text begin
postmarked by December 31new text end of the new text begin current new text end year deleted text begin following expiration of a certificatedeleted text end .

Sec. 6.

Minnesota Statutes 2008, section 18H.07, subdivision 3, is amended to read:


Subd. 3.

Nursery stock dealer certificate.

(a) A nursery stock dealer must pay an
annual fee based on the dealer's gross sales of certified nursery stock per location during
the most recent certificate year. A certificate applicant operating for the first time must pay
the minimum fee. The fees per sales location are:

(1) gross sales up to $5,000, $150;

(2) gross sales over $5,000 up to $20,000, $175;

(3) gross sales over $20,000 up to $50,000, $300;

(4) gross sales over $50,000 up to $75,000, $425;

(5) gross sales over $75,000 up to $100,000, $550;

(6) gross sales over $100,000 up to $200,000, $675; and

(7) gross sales over $200,000, $800.

(b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee
due must be charged for each month, or portion thereof, that the fee is delinquent up
to a maximum of 30 percent for any application for renewal not deleted text begin received by January 1deleted text end new text begin
postmarked by December 31new text end of the new text begin current new text end year deleted text begin following expiration of a certificatedeleted text end .

Sec. 7.

Minnesota Statutes 2008, section 18H.09, is amended to read:


18H.09 NURSERY STOCK CERTIFICATION REQUIREMENTS.

(a) All nursery stock growing at sites identified by new text begin nursery stock dealers or new text end nursery
stock growers and submitted for inspection must be inspected by the commissioner within
the previous 12 months prior to sale and found apparently free from quarantine and
regulated nonquarantine pests as well as significantly dangerous or potentially damaging
plant pests. The commissioner may waive a site inspection under the following conditions:

(1) the nursery stock is not going to be sold within 12 months;

(2) the nursery stock will not be moved out of Minnesota; and

(3) the nursery site or stock is not subject to certification requirements associated
with a state or federally regulated or quarantined plant pest.

All nursery stock originating from out of state and offered for sale in Minnesota
must have been inspected by the appropriate state or federal agency during the previous
12 months and found free from quarantine and regulated nonquarantine pests as well as
significantly dangerous or potentially damaging plant pests. A nursery stock certificate
is valid from January 1 to December 31.

(b) Nursery stock must be accessible to the commissioner for inspection during
regular business hours. Weeds or other growth that hinder a proper inspection are grounds
to suspend or withhold a certificate or require a reinspection.

(c) Inspection reports issued to growers must contain a list of the plant pests found at
the time of inspection. Withdrawal-from-distribution orders are considered part of the
inspection reports. A withdrawal-from-distribution order must contain a list of plants
withdrawn from distribution and the location of the plants.

(d) The commissioner may post signs to delineate sections withdrawn from
distribution. These signs must remain in place until the commissioner removes them or
grants written permission to the grower to remove the signs.

(e) Inspection reports issued to dealers must outline the violations involved and
corrective actions to be taken including withdrawal-from-distribution orders which would
specify nursery stock that could not be distributed from a certain area.

(f) Optional inspections of plants may be conducted by the commissioner upon
request by any persons desiring an inspection. A fee as provided in section 18H.07 must
be charged for such an inspection.

Sec. 8.

Minnesota Statutes 2008, section 18H.10, is amended to read:


18H.10 STORAGE OF NURSERY STOCK.

All nursery stock must be kept and displayed under conditions of temperature,
light, and moisture sufficient to maintain the viability and vigor of the nursery stock.new text begin
Packaged dormant nursery stock must be stored under conditions that retard growth,
prevent etiolated growth, and protect its viability.
new text end

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

new text begin Minnesota Rules, part 1505.0820, new text end new text begin is repealed.
 new text end

Sec. 10. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 9 are effective the day following final enactment.
 new text end