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Minnesota Legislature

Office of the Revisor of Statutes

HF 895

as introduced - 90th Legislature (2017 - 2018) Posted on 03/07/2017 02:14pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to agriculture; appropriating money for agriculture; making policy changes;
modifying fees; amending Minnesota Statutes 2016, sections 18B.01, by adding
a subdivision; 18B.05; 18B.065, subdivisions 8, 9; 18B.26, subdivision 3; 28A.081;
proposing coding for new law in Minnesota Statutes, chapter 18B.

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

ARTICLE 1

AGRICULTURE APPROPRIATIONS

Section 1. new text beginAGRICULTURE APPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2018" and "2019" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
is fiscal years 2018 and 2019.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2018
new text end
new text begin 2019
new text end

Sec. 2. new text beginDEPARTMENT OF AGRICULTURE
new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation
new text end

new text begin $
new text end
new text begin 51,543,000
new text end
new text begin $
new text end
new text begin 52,132,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin 54,150,000
new text end
new text begin 54,735,000
new text end
new text begin Remediation
new text end
new text begin 393,000
new text end
new text begin 397,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Protection Services
new text end

new text begin 18,046,000
new text end
new text begin 18,050,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2018
new text end
new text begin 2019
new text end
new text begin General
new text end
new text begin 17,653,000
new text end
new text begin 17,653,000
new text end
new text begin Remediation
new text end
new text begin 393,000
new text end
new text begin 397,000
new text end

new text begin $500,000 the first year and $500,000 the
second year are for transfer to the pollinator
protection account in the agricultural fund.
new text end

new text begin $300,000 the first year and $300,000 the
second year are for additional funding for the
noxious weed, invasive plant, and pollinator
protection program.
new text end

new text begin $200,000 the first year and $200,000 the
second year are for the industrial hemp pilot
program under Minnesota Statutes, section
18K.09.
new text end

new text begin $500,000 the first year and $500,000 the
second year are to expand current capabilities
for rapid detection, identification, containment,
control, and management of high priority plant
pests and pathogens.
new text end

new text begin $25,000 the first year and $25,000 the second
year are to develop and maintain cottage food
license exemption outreach and training
materials.
new text end

new text begin $75,000 the first year and $75,000 the second
year are to coordinate the correctional facility
vocational training pilot program.
new text end

new text begin $393,000 the first year and $397,000 the
second year are from the remediation fund for
administrative funding for the voluntary
cleanup program.
new text end

new text begin $175,000 the first year and $175,000 the
second year are for compensation for
destroyed or crippled animals under Minnesota
Statutes, section 3.737. This appropriation
may be spent to compensate for animals that
were destroyed or crippled during fiscal year
2017. If the amount in the first year is
insufficient, the amount in the second year is
available in the first year.
new text end

new text begin $125,000 the first year and $125,000 the
second year are for compensation for crop
damage under Minnesota Statutes, section
3.7371. If the amount in the first year is
insufficient, the amount in the second year is
available in the first year.
new text end

new text begin If the commissioner determines that claims
made under Minnesota Statutes, section 3.737
or 3.7371, are unusually high, amounts
appropriated for either program may be
transferred to the appropriation for the other
program.
new text end

new text begin $70,000 the first year and $70,000 the second
year are for additional cannery inspections.
new text end

new text begin $100,000 the first year and $100,000 the
second year are for increased oversight of
delegated local health boards.
new text end

new text begin $100,000 the first year and $100,000 the
second year are to decrease the turnaround
time for retail food handler plan reviews.
new text end

new text begin $1,024,000 the first year and $1,024,000 the
second year are to streamline the retail food
safety regulatory and licensing experience for
regulated businesses and to decrease the
inspection delinquency rate.
new text end

new text begin Subd. 3. new text end

new text begin Agricultural Marketing and
Development
new text end

new text begin 3,996,000
new text end
new text begin 3,996,000
new text end

new text begin The commissioner must provide outreach to
urban farmers regarding the department's
financial and technical assistance programs
and must assist urban farmers in applying for
assistance.
new text end

new text begin $186,000 the first year and $186,000 the
second year are for transfer to the Minnesota
grown account and may be used as grants for
Minnesota grown promotion under Minnesota
Statutes, section 17.102. Grants may be made
for one year. Notwithstanding Minnesota
Statutes, section 16A.28, the appropriations
encumbered under contract on or before June
30, 2019, for Minnesota grown grants in this
paragraph are available until June 30, 2021.
new text end

new text begin $634,000 the first year and $634,000 the
second year are for continuation of the dairy
development and profitability enhancement
and dairy business planning grant programs
established under Laws 1997, chapter 216,
section 7, subdivision 2, and Laws 2001, First
Special Session chapter 2, section 9,
subdivision 2. The commissioner may allocate
the available sums among permissible
activities, including efforts to improve the
quality of milk produced in the state, in the
proportions that the commissioner deems most
beneficial to Minnesota's dairy farmers. The
commissioner must submit a detailed
accomplishment report and a work plan
detailing future plans for, and anticipated
accomplishments from, expenditures under
this program to the chairs and ranking minority
members of the legislative committees with
jurisdiction over agriculture policy and finance
on or before the start of each fiscal year. If
significant changes are made to the plans in
the course of the year, the commissioner must
notify the chairs and ranking minority
members.
new text end

new text begin The commissioner may use funds appropriated
in this subdivision for annual cost-share
payments to resident farmers or entities that
sell, process, or package agricultural products
in this state for the costs of organic
certification. The commissioner may allocate
these funds for assistance for persons
transitioning from conventional to organic
agriculture.
new text end

new text begin Subd. 4. new text end

new text begin Agriculture, Bioenergy, and Bioproduct
Advancement
new text end

new text begin 22,560,000
new text end
new text begin 22,560,000
new text end

new text begin $8,500,000 the first year and $8,500,000 the
second year are for transfer to the agriculture
research, education, extension, and technology
transfer account under Minnesota Statutes,
section 41A.14, subdivision 3. The transfer in
this paragraph includes money for plant
breeders at the University of Minnesota for
wild rice, potatoes, and grapes. Of these
amounts, at least $600,000 each year is for
agriculture rapid response under Minnesota
Statutes, section 41A.14, subdivision 1, clause
(2). Of the amount appropriated in this
paragraph, $1,000,000 each year is for transfer
to the Board of Regents of the University of
Minnesota for research to determine (1) what
is causing avian influenza, (2) why some fowl
are more susceptible, and (3) prevention
measures that can be taken. Of the amount
appropriated in this paragraph, $2,000,000
each year is for grants to the Minnesota
Agriculture Education Leadership Council to
enhance agricultural education with priority
given to Farm Business Management
challenge grants.
new text end

new text begin To the extent practicable, funds expended
under Minnesota Statutes, section 41A.14,
subdivision 1, clauses (1) and (2), must
supplement and not supplant existing sources
and levels of funding. The commissioner may
use up to 4.5 percent of this appropriation for
costs incurred to administer the program.
new text end

new text begin $350,000 the first year and $350,000 the
second year are for grants to the Board of
Regents of the University of Minnesota for
potato breeding.
new text end

new text begin $450,000 the first year and $450,000 the
second year are for grants to the Board of
Regents of the University of Minnesota for
the cultivated wild rice breeding project at the
North Central Research and Outreach Center
to include a tenure track/research associate
plant breeder.
new text end

new text begin $10,235,000 the first year and $10,235,000
the second year are for the agricultural growth,
research, and innovation program in
Minnesota Statutes, section 41A.12. No later
than February 1, 2018, and February 1, 2019,
the commissioner must report to the legislative
committees with jurisdiction over agriculture
policy and finance regarding the
commissioner's accomplishments and
anticipated accomplishments in the following
areas: facilitating the start-up, modernization,
or expansion of livestock operations including
beginning and transitioning livestock
operations; developing new markets for
Minnesota farmers by providing more fruits,
vegetables, meat, grain, and dairy for
Minnesota school children; assisting
value-added agricultural businesses to begin
or expand, access new markets, or diversify
products; developing urban agriculture;
facilitating the start-up, modernization, or
expansion of other beginning and transitioning
farms including loans under Minnesota
Statutes, section 41B.056; sustainable
agriculture on farm research and
demonstration; development or expansion of
food hubs and other alternative
community-based food distribution systems;
and research on bioenergy, biobased content,
or biobased formulated products and other
renewable energy development. The
commissioner may use up to 6.5 percent of
this appropriation for costs incurred to
administer the program. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
Notwithstanding Minnesota Statutes, section
16A.28, the appropriations encumbered under
contract on or before June 30, 2019, for
agricultural growth, research, and innovation
grants are available until June 30, 2022.
new text end

new text begin Of the amount appropriated for the agricultural
growth, research, and innovation program in
this subdivision, $1,000,000 the first year and
$1,000,000 the second year are for distribution
in equal amounts to each of the state's county
fairs to preserve and promote Minnesota
agriculture.
new text end

new text begin Of the amount appropriated for the agricultural
growth, research, and innovation program in
this subdivision, $1,500,000 in fiscal year
2018 and $1,500,000 in fiscal year 2019 are
for incentive payments under Minnesota
Statutes, sections 41A.16, 41A.17, and
41A.18. If the appropriation exceeds the total
amount for which all producers are eligible in
a fiscal year, the balance of the appropriation
is available to the commissioner for the
agricultural growth, research, and innovation
program. Notwithstanding Minnesota Statutes,
section 16A.28, the first year appropriation is
available until June 30, 2019, and the second
year appropriation is available until June 30,
2020.
new text end

new text begin $25,000 the first year and $25,000 the second
year are for grants to the Southern Minnesota
Initiative Foundation to promote local foods
through an annual event that raises public
awareness of local foods and connects local
food producers and processors with potential
buyers.
new text end

new text begin Subd. 5. new text end

new text begin Administration and Financial Assistance
new text end

new text begin 9,941,000
new text end
new text begin 10,526,000
new text end

new text begin $474,000 the first year and $474,000 the
second year are for payments to county and
district agricultural societies and associations
under Minnesota Statutes, section 38.02,
subdivision 1. Aid payments to county and
district agricultural societies and associations
shall be disbursed no later than July 15 of each
year. These payments are the amount of aid
from the state for an annual fair held in the
previous calendar year.
new text end

new text begin $1,000 the first year and $1,000 the second
year are for grants to the Minnesota State
Poultry Association.
new text end

new text begin $18,000 the first year and $18,000 the second
year are for grants to the Minnesota Livestock
Breeders Association.
new text end

new text begin $47,000 the first year and $47,000 the second
year are for the Northern Crops Institute.
These appropriations may be spent to purchase
equipment.
new text end

new text begin $17,000 the first year and $17,000 the second
year are for grants to the Minnesota
Horticultural Society.
new text end

new text begin $108,000 the first year and $108,000 the
second year are for annual grants to the
Minnesota Turf Seed Council for basic and
applied research on: (1) the improved
production of forage and turf seed related to
new and improved varieties; and (2) native
plants, including plant breeding, nutrient
management, pest management, disease
management, yield, and viability. The grant
recipient may subcontract with a qualified
third party for some or all of the basic or
applied research. Any unencumbered balance
does not cancel at the end of the first year and
is available for the second year.
new text end

new text begin $113,000 the first year and $113,000 the
second year are for transfer to the Board of
Trustees of the Minnesota State Colleges and
Universities for statewide mental health
counseling support to farm families and
business operators. South Central College shall
serve as the fiscal agent.
new text end

new text begin $550,000 the first year and $550,000 the
second year are for grants to Second Harvest
Heartland on behalf of Minnesota's six
Feeding America food banks for the purchase
of milk for distribution to Minnesota's food
shelves and other charitable organizations that
are eligible to receive food from the food
banks. Milk purchased under the grants must
be acquired from Minnesota milk processors
and based on low-cost bids. The milk must be
allocated to each Feeding America food bank
serving Minnesota according to the formula
used in the distribution of United States
Department of Agriculture commodities under
The Emergency Food Assistance Program
(TEFAP). Second Harvest Heartland must
submit quarterly reports to the commissioner
on forms prescribed by the commissioner. The
reports must include, but are not limited to,
information on the expenditure of funds, the
amount of milk purchased, and the
organizations to which the milk was
distributed. Second Harvest Heartland may
enter into contracts or agreements with food
banks for shared funding or reimbursement of
the direct purchase of milk. Each food bank
receiving money from this appropriation may
use up to two percent of the grant for
administrative expenses. Any unencumbered
balance does not cancel at the end of the first
year and is available for the second year.
new text end

new text begin $1,100,000 the first year and $1,100,000 the
second year are for grants to Second Harvest
Heartland on behalf of the six Feeding
America food banks that serve Minnesota to
compensate agricultural producers and
processors for costs incurred to harvest and
package for transfer surplus fruits, vegetables,
and other agricultural commodities that would
otherwise go unharvested, be discarded, or
sold in a secondary market. Surplus
commodities must be distributed statewide to
food shelves and other charitable organizations
that are eligible to receive food from the food
banks. Surplus food acquired under this
appropriation must be from Minnesota
producers and processors. Second Harvest
Heartland must report when required by, and
in the form prescribed by, the commissioner.
Second Harvest Heartland may use up to 11
percent of any grant received for
administrative expenses, and up to four percent
of the grant for transportation expenses. Any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end

new text begin $150,000 the first year and $150,000 the
second year are for grants to the Center for
Rural Policy and Development.
new text end

new text begin $235,000 the first year and $235,000 the
second year are for grants to the Minnesota
Agricultural Education and Leadership
Council for programs of the council under
Minnesota Statutes, chapter 41D.
new text end

new text begin $1,000,000 the first year and $1,000,000 the
second year are for grants to the Board of
Regents of the University of Minnesota to
fund the Forever Green Agriculture initiative
to protect the state's natural resources while
increasing the efficiency, profitability, and
productivity of Minnesota farmers by
incorporating perennial and winter annual
crops into existing agricultural practices.
These are onetime appropriations and are
available until June 30, 2022.
new text end

new text begin $750,000 the first year and $750,000 the
second year are to improve business processes
and customer experience with the department
through continuous improvement operations
and strategic information technology
investments.
new text end

new text begin $600,000 the first year and $600,000 the
second year are for grants to the Board of
Regents of the University of Minnesota to
develop, in consultation with the
commissioner of agriculture and the Board of
Animal Health, a software tool or application
through the Veterinary Diagnostic Laboratory
that empowers veterinarians and producers to
understand the movement of unique pathogen
strains in livestock and poultry production
systems, monitor antibiotic resistance, and
implement effective biosecurity measures that
promote animal health and limit production
losses. The base for fiscal year 2020 is $0.
new text end

Sec. 3. new text beginBOARD OF ANIMAL HEALTH
new text end

new text begin $
new text end
new text begin 5,443,000
new text end
new text begin $
new text end
new text begin 5,491,000
new text end

Sec. 4. new text beginAGRICULTURAL UTILIZATION
RESEARCH INSTITUTE
new text end

new text begin $
new text end
new text begin 3,823,000
new text end
new text begin $
new text end
new text begin 3,803,000
new text end

new text begin Base Adjustment. The base is $3,743,000 in
fiscal year 2020 and $3,753,000 in fiscal year
2021.
new text end

ARTICLE 2

AGRICULTURAL POLICY

Section 1.

Minnesota Statutes 2016, section 18B.01, is amended by adding a subdivision
to read:


new text begin Subd. 1d. new text end

new text begin Bee-toxic pesticide. new text end

new text begin "Bee-toxic pesticide" means any pesticide active ingredient
categorized as moderately or highly toxic based on acute toxicity assessments considered
acceptable by the Environmental Protection Agency (EPA) for Apis mellifera L. under the
EPA's OCSPP 850.3020: Honey Bee Acute Contact Toxicity Test, protocol.
new text end

Sec. 2.

Minnesota Statutes 2016, section 18B.05, is amended to read:


18B.05 PESTICIDE REGULATORY ACCOUNT.

Subdivision 1.

Establishment.

A pesticide regulatory account is established in the
agricultural fund. Fees, assessments, and penalties collected under this chapternew text begin, except for
fees collected under section 18B.26, subdivision 3, paragraphs (m) and (n),
new text end must be deposited
in the agricultural fund and credited to the pesticide regulatory account. Money in the
account, including interest, is appropriated to the commissioner for the administration and
enforcement of this chapter and up to $20,000 per fiscal year may also be used by the
commissioner for purposes of section 18H.14, paragraph (e).

Sec. 3.

new text begin [18B.051] POLLINATOR PROTECTION ACCOUNT.
new text end

new text begin A pollinator protection account is established in the agricultural fund. Fees collected
under section 18B.26, subdivision 3, paragraphs (m) and (n), must be deposited in the
agricultural fund and credited to the pollinator protection account. Money in the account,
including interest, is appropriated to the commissioner for the administration of pollinator
protection from potential negative impacts from pesticides and may include supporting
research, education campaigns, and development of economic thresholds or stewardship
materials, and for grants for research, implementation, and educational activities.
new text end

Sec. 4.

Minnesota Statutes 2016, section 18B.065, subdivision 8, is amended to read:


Subd. 8.

Waste pesticide program surcharge.

The commissioner shall annually collect
a waste pesticide program surcharge of deleted text begin$50deleted text endnew text begin $125new text end on each new text beginnonagricultural waste pesticide
product and $75 on each agricultural waste
new text endpesticide product registered in the state as part
of a pesticide product registration application under section 18B.26, subdivision 3.

Sec. 5.

Minnesota Statutes 2016, section 18B.065, subdivision 9, is amended to read:


Subd. 9.

Waste pesticide cooperative agreement account.

(a) A waste pesticide
cooperative agreement account is created in the agricultural fund. Notwithstanding section
18B.05, the proceeds of surcharges imposed under subdivision 8 must be deposited in the
agricultural fund and credited to the waste pesticide cooperative agreement account.

(b) Money in the waste pesticide cooperative agreement account, including interest, is
appropriated to the commissioner and may only be used for costs incurred under a cooperative
agreement pursuant to this sectionnew text begin and for costs incurred by the commissioner to perform
waste pesticide collections mandated under this section
new text end.

(c) deleted text beginNotwithstanding paragraph (b), if the amount available in the waste pesticide
cooperative agreement account in any fiscal year exceeds the amount obligated to local
units of government under subdivision 7, the excess is appropriated to the commissioner to
perform waste pesticide collections under this section.
deleted text endnew text begin If the total annual revenue from waste
pesticide surcharge collected in a fiscal year by the commissioner from the registration of
pesticides is less than the amount needed to cover collection costs described under paragraph
(b), the commissioner, after a public hearing, may increase proportionally the waste pesticide
surcharge under this chapter by the amount necessary to ensure the needed level of revenue
is achieved. The commissioner shall report any fee increases under this paragraph 60 days
before the fee change is effective to the chairs and ranking minority members of the
legislative committees with jurisdiction over agriculture policy and finance.
new text end

new text begin (d) The commissioner shall determine the waste pesticide surcharge so that the total
balance in the cooperative agreement account does not exceed $1,000,000 more than the
projected annual expenditure from the account.
new text end

Sec. 6.

Minnesota Statutes 2016, section 18B.26, subdivision 3, is amended to read:


Subd. 3.

Registration application and gross sales fee.

(a) For an agricultural pesticide,
a registrant shall pay an annual registration application fee for each agricultural pesticide
of $350. The fee is due by December 31 preceding the year for which the application for
registration is made. The fee is nonrefundable.

(b) For a nonagricultural pesticide, a registrant shall pay a minimum annual registration
application fee for each nonagricultural pesticide of $350. The fee is due by December 31
preceding the year for which the application for registration is made. The fee is
nonrefundable. If the registrant's annual gross sales of the nonagricultural pesticide exceeded
$70,000 in the previous calendar year, the registrant shall pay, in addition to the $350
minimum fee, a fee equal to 0.5 percent of that portion of the annual gross sales over $70,000.
For purposes of this subdivision, gross sales includes both nonagricultural pesticide sold in
the state and nonagricultural pesticide sold into the state for use in this state. No additional
fee is required if the fee due amount based on percent of annual gross sales of a
nonagricultural pesticide is less than $10. The registrant shall secure sufficient sales
information of nonagricultural pesticides distributed into this state from distributors and
dealers, regardless of distributor location, to make a determination. Sales of nonagricultural
pesticides in this state and sales of nonagricultural pesticides for use in this state by
out-of-state distributors are not exempt and must be included in the registrant's annual report,
as required under paragraph (g), and fees shall be paid by the registrant based upon those
reported sales. Sales of nonagricultural pesticides in the state for use outside of the state are
exempt from the gross sales fee in this paragraph if the registrant properly documents the
sale location and distributors. A registrant paying more than the minimum fee shall pay the
balance due by March 1 based on the gross sales of the nonagricultural pesticide by the
registrant for the preceding calendar year. A pesticide determined by the commissioner to
be a sanitizer or disinfectant is exempt from the gross sales fee.

(c) For agricultural pesticides, a licensed agricultural pesticide dealer or licensed pesticide
dealer shall pay a gross sales fee of 0.55 percent of annual gross sales of the agricultural
pesticide in the state and the annual gross sales of the agricultural pesticide sold into the
state for use in this state.

(d) In those cases where a registrant first sells an agricultural pesticide in or into the
state to a pesticide end user, the registrant must first obtain an agricultural pesticide dealer
license and is responsible for payment of the annual gross sales fee under paragraph (c),
record keeping under paragraph (i), and all other requirements of section 18B.316.

(e) If the total annual revenue from fees collected in fiscal year 2011, 2012, or 2013, by
the commissioner on the registration and sale of pesticides is less than $6,600,000, the
commissioner, after a public hearing, may increase proportionally the pesticide sales and
product registration fees under this chapter by the amount necessary to ensure this level of
revenue is achieved. The authority under this section expires on June 30, 2014. The
commissioner shall report any fee increases under this paragraph 60 days before the fee
change is effective to the senate and house of representatives agriculture budget divisions.

(f) An additional fee of 50 percent of the registration application fee must be paid by
the applicant for each pesticide to be registered if the application is a renewal application
that is submitted after December 31.

(g) A registrant must annually report to the commissioner the amount, type and annual
gross sales of each registered nonagricultural pesticide sold, offered for sale, or otherwise
distributed in the state. The report shall be filed by March 1 for the previous year's
registration. The commissioner shall specify the form of the report or approve the method
for submittal of the report and may require additional information deemed necessary to
determine the amount and type of nonagricultural pesticide annually distributed in the state.
The information required shall include the brand name, United States Environmental
Protection Agency registration number, and amount of each nonagricultural pesticide sold,
offered for sale, or otherwise distributed in the state, but the information collected, if made
public, shall be reported in a manner which does not identify a specific brand name in the
report.

(h) A licensed agricultural pesticide dealer or licensed pesticide dealer must annually
report to the commissioner the amount, type, and annual gross sales of each registered
agricultural pesticide sold, offered for sale, or otherwise distributed in the state or into the
state for use in the state. The report must be filed by January 31 for the previous year's sales.
The commissioner shall specify the form, contents, and approved electronic method for
submittal of the report and may require additional information deemed necessary to determine
the amount and type of agricultural pesticide annually distributed within the state or into
the state. The information required must include the brand name, United States Environmental
Protection Agency registration number, and amount of each agricultural pesticide sold,
offered for sale, or otherwise distributed in the state or into the state.

(i) A person who registers a pesticide with the commissioner under paragraph (b), or a
registrant under paragraph (d), shall keep accurate records for five years detailing all
distribution or sales transactions into the state or in the state and subject to a fee and surcharge
under this section.

(j) The records are subject to inspection, copying, and audit by the commissioner and
must clearly demonstrate proof of payment of all applicable fees and surcharges for each
registered pesticide product sold for use in this state. A person who is located outside of
this state must maintain and make available records required by this subdivision in this state
or pay all costs incurred by the commissioner in the inspecting, copying, or auditing of the
records.

(k) The commissioner may adopt by rule regulations that require persons subject to audit
under this section to provide information determined by the commissioner to be necessary
to enable the commissioner to perform the audit.

(l) A registrant who is required to pay more than the minimum fee for any pesticide
under paragraph (b) must pay a late fee penalty of $100 for each pesticide application fee
paid after March 1 in the year for which the license is to be issued.

new text begin (m) For agricultural and nonagricultural pesticide products labeled for an outdoor use
and containing a bee-toxic pesticide, registrants shall pay an additional annual pollinator
protection registration application fee of $150. The fee is due by December 31 preceding
the year for which the application for registration is made. The fee is nonrefundable.
new text end

new text begin (n) An additional fee of 50 percent of the pollinator protection registration application
fee must be paid by the applicant for each pesticide to be registered if the application is a
renewal application that is submitted after December 31.
new text end

Sec. 7.

Minnesota Statutes 2016, section 28A.081, is amended to read:


28A.081 CERTIFICATE FEES.

new text begin Subdivision 1. new text end

new text begin Fee. new text end

A fee of deleted text begin$75deleted text endnew text begin $125new text end for each certificate shall be charged to deleted text beginall food
establishments that request certificates
deleted text endnew text begin any person who requests a certificatenew text end issued by the
Minnesota Department of Agriculture to facilitate the movement of Minnesota processed
and manufactured foods destined for export from the state of Minnesota. Certificates include,
but are not limited to, a certificate of free sale, certificate of export, certificate of sanitation,
sanitary certificate, certificate of origin and/or free sale, certificate of health and/or free
sale, sanitation, and purity, certificate of free trade, certificate of free sale, sanitation, purity,
and origin, certificate of health, sanitation, purity, and free sale, and letter of plant
certification.

The commissioner shall bill deleted text begina food establishmentdeleted text endnew text begin the requesting personnew text end within seven
days after issuing a certificate to the deleted text beginestablishmentdeleted text endnew text begin personnew text end. The deleted text beginoperator of the food
establishment
deleted text endnew text begin requesting personnew text end must submit payment for a certificate within ten days of
the billing date. If a certificate fee payment is not received within 15 days of the billing
date, the commissioner may not issue any future certificates new text beginto the requesting person new text enduntil
previous fees due are paid in full.new text begin Fees paid under this section must be deposited in the food
certificate account established under subdivision 2 or another account in the agricultural
fund if the expenses for the certificate will be paid from that other account.
new text end

new text begin Subd. 2. new text end

new text begin Food certificate account; appropriation. new text end

new text begin A food certificate account is
established in the agricultural fund. Money in the account, including interest accrued, is
appropriated to the commissioner for expenses relating to certifying Minnesota processed
and manufactured foods under chapters 28 to 34A or rules adopted under one of those
chapters.
new text end