SF 1065

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; recodifying and clarifying 
  1.3             plant pest, pest control, and seed laws; changing 
  1.4             certain procedures, requirements, and fees; imposing 
  1.5             penalties; appropriating money; amending Minnesota 
  1.6             Statutes 2002, sections 21.81, subdivision 8, by 
  1.7             adding subdivisions; 21.82; 21.83, subdivision 2; 
  1.8             21.84; 21.85, subdivisions 11, 13; 21.86; 21.88; 
  1.9             21.89, subdivisions 2, 4; 21.90, subdivisions 2, 3; 
  1.10            21.901; proposing coding for new law in Minnesota 
  1.11            Statutes, chapter 21; proposing coding for new law as 
  1.12            Minnesota Statutes, chapters 18G; 18H; 18J; repealing 
  1.13            Minnesota Statutes 2002, sections 18.012; 18.021; 
  1.14            18.022; 18.0223; 18.0225; 18.0227; 18.0228; 18.0229; 
  1.15            18.023; 18.024; 18.041; 18.051; 18.061; 18.071; 
  1.16            18.081; 18.091; 18.101; 18.111; 18.121; 18.131; 
  1.17            18.141; 18.151; 18.161; 18.331; 18.332; 18.333; 
  1.18            18.334; 18.335; 18.44; 18.45; 18.46; 18.47; 18.48; 
  1.19            18.49; 18.50; 18.51; 18.52; 18.525; 18.53; 18.54; 
  1.20            18.55; 18.56; 18.57; 18.59; 18.60; 18.61; 21.85, 
  1.21            subdivisions 1, 3, 4, 5, 6, 7, 8, 9. 
  1.22  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.23                             ARTICLE 1 
  1.24             PLANT PROTECTION AND EXPORT CERTIFICATION 
  1.25     Section 1.  [18G.01] [PLANT PROTECTION; POWERS OF 
  1.26  COMMISSIONER OF AGRICULTURE.] 
  1.27     (a) This chapter authorizes the commissioner to abate, 
  1.28  suppress, eradicate, prevent, or otherwise regulate the 
  1.29  introduction or establishment of plant pests that threaten 
  1.30  Minnesota's agricultural, forestry, or horticultural interests 
  1.31  or the general ecological quality of the state. 
  1.32     (b) The commissioner may employ entomologists, plant 
  1.33  pathologists, and other qualified employees necessary to 
  2.1   administer and enforce this chapter. 
  2.2      Sec. 2.  [18G.02] [DEFINITIONS.] 
  2.3      Subdivision 1.  [SCOPE.] The definitions in this section 
  2.4   apply to this chapter. 
  2.5      Subd. 2.  [AGENT.] "Agent" means a person who, on behalf of 
  2.6   another person, receives or distributes a plant product from a 
  2.7   producer of the product or negotiates the consignment or 
  2.8   purchase of a plant product on behalf of another person. 
  2.9      Subd. 3.  [BIOLOGICAL CONTROL.] "Biological control" means: 
  2.10     (1) the use of living organisms to control, suppress, 
  2.11  mitigate the growth of, or destroy undesirable animals, plants, 
  2.12  or microorganisms that affect plants or plant pests; or 
  2.13     (2) the action of parasites, predators, pathogens, or 
  2.14  competitive organisms on a host or prey population that affect 
  2.15  plants or plant pests to produce a lower general equilibrium of 
  2.16  the plant pest host than would prevail in the absence of the 
  2.17  biological control agents. 
  2.18     Subd. 4.  [BIOLOGICAL CONTROL AGENT.] "Biological control 
  2.19  agent" means a parasite, predator, pathogen, or competitive 
  2.20  organism intentionally released by humans for the purpose of 
  2.21  biological control with the intent of causing a reduction of a 
  2.22  host or prey population. 
  2.23     Subd. 5.  [BIOTIC AGENT.] "Biotic agent" means a living 
  2.24  entity. 
  2.25     Subd. 6.  [CERTIFICATE.] "Certificate" means a document 
  2.26  authorized or prepared by a federal or state regulatory official 
  2.27  that affirms, declares, or verifies that an article, plant, 
  2.28  product, shipment, or other officially regulated item meets 
  2.29  phytosanitary, nursery inspection, pest freedom, plant 
  2.30  registration or certification, or other legal requirements. 
  2.31     Subd. 7.  [CERTIFICATION.] "Certification" means a 
  2.32  regulatory official's act of affirming, declaring, or verifying 
  2.33  compliance with phytosanitary, nursery inspection, pest freedom, 
  2.34  plant registration or certification, or other legal requirements.
  2.35     Subd. 8.  [COMMISSIONER.] "Commissioner" means the 
  2.36  commissioner of agriculture or the commissioner's designated 
  3.1   employee, representative, or agent. 
  3.2      Subd. 9.  [CONTROL OF A PEST.] "Control of a pest" means 
  3.3   suppression, containment, or eradication of a pest population. 
  3.4      Subd. 10.  [CONVEYANCE.] "Conveyance" is a means of 
  3.5   transportation. 
  3.6      Subd. 11.  [DISTRIBUTE.] "Distribute" means offer for sale, 
  3.7   sell, barter, ship, deliver for shipment, receive and deliver, 
  3.8   offer to deliver, receive on consignment, contract for, solicit 
  3.9   for sale on commission, or negotiate the consignment or purchase 
  3.10  in this state. 
  3.11     Subd. 12.  [EMERGENCY REGULATION.] "Emergency regulation" 
  3.12  means a regulation placed in effect by the commissioner without 
  3.13  prior public notice in order to take necessary and immediate 
  3.14  regulatory action. 
  3.15     Subd. 13.  [ENDANGERED AREA.] "Endangered area" means 
  3.16  continent, region, country, state, county, province, 
  3.17  municipality, or any other discreetly delineated political or 
  3.18  otherwise lawfully constituted geographic area which has been 
  3.19  officially identified for protection from injurious pests not 
  3.20  known to be present in that area. 
  3.21     Subd. 14.  [ERADICATION.] "Eradication" means elimination 
  3.22  of a pest as determined by a verification survey for the target 
  3.23  pest. 
  3.24     Subd. 15.  [EXOTIC SPECIES.] "Exotic species" means a 
  3.25  species that is not indigenous or native to the area. 
  3.26     Subd. 16.  [HARMFUL PLANT PEST.] "Harmful plant pest" means 
  3.27  a plant pest that constitutes a significant threat to the 
  3.28  agricultural, forest, or horticultural interests of Minnesota or 
  3.29  the general environmental quality of the state. 
  3.30     Subd. 17.  [HOST.] "Host" means an appliance, article, 
  3.31  commodity, nursery stock, plant, plant product, or other thing 
  3.32  that is capable of transporting a pest from one place to another.
  3.33     Subd. 18.  [INFECTED.] "Infected" means a plant that is: 
  3.34     (1) contaminated with pathogenic microorganisms; 
  3.35     (2) being parasitized; 
  3.36     (3) a host or carrier of an infectious, transmissible, or 
  4.1   contagious pest; or 
  4.2      (4) so exposed to a plant listed in clause (1), (2), or (3) 
  4.3   that one of those conditions can reasonably be expected to exist 
  4.4   and the plant may also pose a risk of contamination to other 
  4.5   plants or the environment. 
  4.6      Subd. 19.  [INFESTED.] "Infested" means a plant has been 
  4.7   overrun by plant pests, including weeds. 
  4.8      Subd. 20.  [INVASIVE SPECIES.] "Invasive species" means an 
  4.9   exotic or nonnative species with the potential to become 
  4.10  established in natural or seminatural ecosystems or habitat, if 
  4.11  that establishment would threaten native biological diversity 
  4.12  and has the potential to cause economic or environmental harm or 
  4.13  harm to human health. 
  4.14     Subd. 21.  [LIMITED DISTRIBUTION.] "Limited distribution," 
  4.15  when used in reference to a pest known to occur in this state, 
  4.16  means there are small populations in a small geographic area or 
  4.17  a few small geographic areas that are widely separated in this 
  4.18  state. 
  4.19     Subd. 22.  [MARK.] "Mark" means an official indicator 
  4.20  affixed by the commissioner for purposes of identification or 
  4.21  separation, to, on, around, or near, plants or plant material 
  4.22  known or suspected to be infected with a plant pest.  This 
  4.23  includes, but is not limited to, paint, markers, tags, seals, 
  4.24  stickers, tape, ribbons, signs, or placards. 
  4.25     Subd. 23.  [NATIVE SPECIES.] "Native species" means a 
  4.26  species occurring within its natural range and dispersal 
  4.27  potential without direct or indirect introduction or care by 
  4.28  humans. 
  4.29     Subd. 24.  [NOXIOUS WEED.] "Noxious weed" means an annual, 
  4.30  biennial, or perennial plant that the commissioner designates to 
  4.31  be injurious to public health, the environment, public roads, 
  4.32  crops, livestock, or other property. 
  4.33     Subd. 25.  [OFFICIALLY CONTROLLED.] "Officially controlled" 
  4.34  means eradication or intensive suppression activity conducted, 
  4.35  implemented, or directed by the commissioner or other government 
  4.36  plant protection official. 
  5.1      Subd. 26.  [OWNER.] "Owner" includes, but is not limited 
  5.2   to, the person with the legal right of possession, 
  5.3   proprietorship of, or responsibility for the property or place 
  5.4   where any of the articles regulated in this chapter are found, 
  5.5   or the person who is in possession of, proprietorship of, or has 
  5.6   responsibility for the regulated articles. 
  5.7      Subd. 27.  [PERMIT.] "Permit" means a document issued by a 
  5.8   regulatory official that allows the movement of any regulated 
  5.9   thing from one location to another in accordance with specified 
  5.10  conditions or requirements and for a specified purpose. 
  5.11     Subd. 28.  [PERSON.] "Person" means an individual, firm, 
  5.12  corporation, partnership, association, trust, joint stock 
  5.13  company, or unincorporated organization, the state, a state 
  5.14  agency, or a political subdivision. 
  5.15     Subd. 29.  [PEST.] "Pest" means any living agent capable of 
  5.16  reproducing itself that causes or may potentially cause harm to 
  5.17  plants or other biotic organisms. 
  5.18     Subd. 30.  [PEST RISK ANALYSIS.] "Pest risk analysis" means 
  5.19  characterizing the nature of pest hazard or harm, identifying 
  5.20  the degree of probability or likelihood of harm, analyzing the 
  5.21  degree to which risk mitigation measures or strategies can 
  5.22  reduce the probability of harm to an acceptable level, and 
  5.23  recommending pest risk mitigation measures or strategies. 
  5.24     Subd. 31.  [PHYTOSANITARY CERTIFICATE OR EXPORT 
  5.25  CERTIFICATE.] "Phytosanitary certificate" or "export certificate"
  5.26  means a document authorized or prepared by a duly authorized 
  5.27  federal or state official that affirms, declares, or verifies 
  5.28  that an article, nursery stock, plant, plant product, shipment, 
  5.29  or any other officially regulated article meets applicable, 
  5.30  legally established, plant pest regulations, including this 
  5.31  chapter. 
  5.32     Subd. 32.  [PHYTOSANITARY MEASURES.] "Phytosanitary 
  5.33  measures" means any growing season or postharvest treatment or 
  5.34  any other method or strategy to reduce pest risk to an 
  5.35  acceptable level. 
  5.36     Subd. 33.  [PLANT.] "Plant" means a plant, plant product, 
  6.1   plant part, or reproductive or propagative part of a plant, 
  6.2   plant product, or plant part, including all growing media, 
  6.3   packing material, or containers associated with the plants, 
  6.4   plant parts, or plant products. 
  6.5      Subd. 34.  [PLANT PEST.] "Plant pest" includes, but is not 
  6.6   limited to, an invasive species or any pest of plants, 
  6.7   agricultural commodities, horticultural products, nursery stock, 
  6.8   or noncultivated plants by organisms such as insects, snails, 
  6.9   nematodes, fungi, viruses, bacterium, microorganisms, 
  6.10  mycoplasma-like organisms, weeds, plants, and parasitic plants. 
  6.11     Subd. 35.  [PRECLEARANCE.] "Preclearance" means an 
  6.12  agreement between quarantine officials of exporting and 
  6.13  importing states to pass plants, plant material, or other items 
  6.14  through quarantine by allowing the exporting state to inspect 
  6.15  the plants preshipment, rather than the importing state 
  6.16  inspecting the shipment upon arrival. 
  6.17     Subd. 36.  [PUBLIC NUISANCE.] "Public nuisance" means: 
  6.18     (1) a plant, appliance, conveyance, or article that is 
  6.19  infested with plant pests that may cause significant damage or 
  6.20  harm; or 
  6.21     (2) premises where a plant pest is found. 
  6.22     Subd. 37.  [QUARANTINE.] "Quarantine" means an enforced 
  6.23  isolation or restriction of free movement of plants, plant 
  6.24  material, animals, animal products, human activity, or any 
  6.25  article or material in order to treat, control, or eradicate a 
  6.26  plant pest. 
  6.27     Subd. 38.  [REGULATED ARTICLE.] "Regulated article" means 
  6.28  any item, the movement of which is governed by quarantine or 
  6.29  this chapter. 
  6.30     Subd. 39.  [SIGNIFICANT DAMAGE OR HARM.] "Significant 
  6.31  damage" or "harm" means a level of adverse impact that results 
  6.32  in economic damage, injury, or loss that exceeds the cost of 
  6.33  control for a particular crop. 
  6.34     Subd. 40.  [SUPPRESSION AREA.] "Suppression area" means a 
  6.35  plant pest infested area where phytosanitary measures are being 
  6.36  applied to reduce the plant pest population and limit the spread 
  7.1   of the plant pest. 
  7.2      Subd. 41.  [WEED.] "Weed" means: 
  7.3      (1) a plant that interferes with management objectives for 
  7.4   an area or place at a particular time; or 
  7.5      (2) a plant species growing in an undesired place. 
  7.6      Sec. 3.  [18G.03] [POWERS AND DUTIES OF COMMISSIONER.] 
  7.7      Subdivision 1.  [ENTRY AND INSPECTION.] (a) The 
  7.8   commissioner may enter and inspect a public or private place 
  7.9   that might harbor plant pests and may require that the owner 
  7.10  destroy or treat plant pests, plants, or other material. 
  7.11     (b) If the owner fails to properly comply with a directive 
  7.12  of the commissioner, the commissioner may have any necessary 
  7.13  work done at the owner's expense.  The commissioner shall notify 
  7.14  the owner of the deadline for paying those expenses.  If the 
  7.15  owner does not reimburse the commissioner for an expense within 
  7.16  a time specified by the commissioner, the expense is a charge 
  7.17  upon the county as provided in subdivision 4. 
  7.18     (c) If a dangerous plant pest infestation or infection 
  7.19  threatens plants of an area in the state, the commissioner may 
  7.20  take any measures necessary to eliminate or alleviate the danger.
  7.21     (d) The commissioner may collect fees required by this 
  7.22  chapter. 
  7.23     (e) The commissioner may issue and enforce a written or 
  7.24  printed "stop-sale" order to the owner or custodian of any 
  7.25  plants or articles infested or infected with dangerously 
  7.26  injurious plant pests. 
  7.27     Subd. 2.  [RULES.] The commissioner may adopt rules to 
  7.28  carry out the purposes of this chapter.  
  7.29     Subd. 3.  [QUARANTINE.] The commissioner may impose a 
  7.30  quarantine to restrict or prohibit the transportation or 
  7.31  distribution of plants or other materials capable of carrying 
  7.32  plant pests into or through any part of this state. 
  7.33     Subd. 4.  [COLLECTION OF CHARGES FOR WORK DONE FOR 
  7.34  OWNER.] If the commissioner incurs an expense in conjunction 
  7.35  with carrying out subdivision 1 and is not reimbursed by the 
  7.36  owner of the land, the expense is a legal charge against the 
  8.1   county in which the land is located.  After the expense is 
  8.2   incurred, the commissioner shall file verified and itemized 
  8.3   statements of the cost of all services rendered with the county 
  8.4   auditor of the county in which the land is located, who shall 
  8.5   immediately issue proper warrants to the persons named in the 
  8.6   statements for the amounts specified.  The amount of the expense 
  8.7   is a lien in favor of the county against the land involved, must 
  8.8   be certified by the county auditor and entered on the auditor's 
  8.9   tax books as a tax upon the land, and must be collected as other 
  8.10  real estate taxes are collected.  The amounts collected must be 
  8.11  used to reimburse the county for its expenses under this 
  8.12  subdivision. 
  8.13     Sec. 4.  [18G.04] [ERADICATION, CONTROL, AND ABATEMENT OF 
  8.14  NUISANCES; ISSUING CONTROL ORDERS.] 
  8.15     Subdivision 1.  [PUBLIC NUISANCE.] Any premises, plant, 
  8.16  appliance, conveyance, or article that is infected or infested 
  8.17  with plant pests that may cause significant damage or harm and 
  8.18  any premises where any plant pest is found is a public nuisance 
  8.19  and must be prosecuted as a public nuisance in all actions and 
  8.20  proceedings.  All legal remedies for the prevention and 
  8.21  abatement of a nuisance apply to a public nuisance under this 
  8.22  section.  It is unlawful for any person to maintain a public 
  8.23  nuisance. 
  8.24     Subd. 2.  [CONTROL ORDER.] In order to prevent the 
  8.25  introduction or spread of harmful or dangerous plant pests, the 
  8.26  commissioner may issue orders for necessary control measures. 
  8.27  These orders may indicate the type of specific control to be 
  8.28  used, the compound or material, the manner or the time of 
  8.29  application, and who is responsible for carrying out the control 
  8.30  order.  Control orders may include directions to control or 
  8.31  abate the plant pest to an acceptable level; eradicate the plant 
  8.32  pest; restrict the movement of the plant pest or any material, 
  8.33  article, appliance, plant, person, or means of conveyance 
  8.34  suspected to be carrying the plant pest; or destroy plants or 
  8.35  plant products infested or infected with a plant pest.  Material 
  8.36  suspected of being infested or infected with a plant pest may be 
  9.1   confiscated by the commissioner. 
  9.2      Sec. 5.  [18G.05] [DISCOVERY OF PLANT PESTS; OFFICIAL 
  9.3   MARKING OF INFESTED OR INFECTED ARTICLES.] 
  9.4      Upon knowledge of the existence of a dangerous or injurious 
  9.5   plant pest or invasive species within the state, the 
  9.6   commissioner may conspicuously mark all plants, infested areas, 
  9.7   materials, and articles known or suspected to be infected or 
  9.8   infested with the plant pest or invasive species.  Persons, 
  9.9   owners, or the tenants in possession of the premises or area in 
  9.10  which the existence of the plant pest or invasive species is 
  9.11  suspected must be notified by the commissioner with prescribed 
  9.12  control measures.  A person must comply with the commissioner's 
  9.13  control order within the prescribed time.  If the commissioner 
  9.14  determines that satisfactory control or mitigation of the pest 
  9.15  has been achieved, the order must be released. 
  9.16     Sec. 6.  [18G.06] [ESTABLISHMENT OF QUARANTINE 
  9.17  RESTRICTIONS.] 
  9.18     Subdivision 1.  [SCOPE.] The commissioner may impose a 
  9.19  quarantine restricting or regulating the production, movement, 
  9.20  or existence of plants, plant products, agricultural 
  9.21  commodities, crop seed, farm products, or other articles or 
  9.22  materials or people's normal activities in order that the 
  9.23  introduction or spread of a plant pest may be prevented or 
  9.24  limited or an existing plant pest may be controlled or 
  9.25  eradicated. 
  9.26     Subd. 2.  [QUARANTINE NOTICE.] (a) Stop-Sale Notice or 
  9.27  Distribution Order.  The commissioner may issue orders to take 
  9.28  prompt regulatory action in plant pest emergencies on regulated 
  9.29  articles.  If continuing quarantine action is required, a formal 
  9.30  quarantine may be imposed.  Orders may be issued to retain 
  9.31  necessary quarantine action on a few properties if eradication 
  9.32  treatments have been applied and continuing quarantine action is 
  9.33  no longer necessary for the majority of the regulated area. 
  9.34     (b) Emergency Regulation or Quarantine.  The commissioner 
  9.35  may place an emergency regulation or quarantine in effect 
  9.36  without prior public notice in order to take immediate 
 10.1   regulatory action to prevent the introduction or establishment 
 10.2   of a plant pest. 
 10.3      (c) Federal Quarantine.  The commissioner may enter into 
 10.4   cooperative agreements with the United States Department of 
 10.5   Agriculture and other federal, state, city, or county agencies 
 10.6   to assist in the enforcement of federal quarantines.  The 
 10.7   commissioner may adopt a quarantine or regulation against a pest 
 10.8   or an area not covered by a federal quarantine.  The 
 10.9   commissioner may seize, destroy, or require treatment of 
 10.10  products moved from a federally regulated area if they were not 
 10.11  moved in accordance with the federal quarantine regulations or, 
 10.12  if certified, they were found to be infested with the pest 
 10.13  organism. 
 10.14     (d) State Interior Quarantine (Intrastate).  The 
 10.15  commissioner may impose a quarantine against a plant pest that 
 10.16  is not quarantined in other states to prevent the spread of the 
 10.17  plant pest within this state.  The commissioner may enact a 
 10.18  quarantine against a plant pest of regional or national 
 10.19  significance even when no federal domestic quarantine has been 
 10.20  adopted.  These quarantines regulate intrastate movement between 
 10.21  quarantined and nonquarantined areas of this state.  The 
 10.22  commissioner may enact a parallel state quarantine if there is a 
 10.23  federal quarantine applied to a portion of the state. 
 10.24     (e) State Exterior Quarantine (Interstate).  The 
 10.25  commissioner may impose a state exterior quarantine if the plant 
 10.26  pest is not established in this state but is established in 
 10.27  other states.  State exterior quarantines may be enacted even if 
 10.28  no federal domestic quarantine has been adopted.  The 
 10.29  commissioner may issue control orders at destinations necessary 
 10.30  to prevent the introduction or spread of plant pests. 
 10.31     Subd. 3.  [DESCRIPTION OF REGULATED AREAS.] (a) The 
 10.32  regulated area to be described in a quarantine may involve the 
 10.33  entire state, portions of the state, or certain names and 
 10.34  locations of infested properties. 
 10.35     (b) Regulated quarantine areas may be subdivided into 
 10.36  suppression areas and generally infested areas if it is 
 11.1   desirable to control movement into suppression areas from 
 11.2   generally infested areas. 
 11.3      (c) Quarantine provisions or areas regulated may be amended 
 11.4   by the commissioner through publication of a notice to that 
 11.5   effect in local newspapers or through direct written notice to 
 11.6   affected property owners. 
 11.7      (d) If an infestation in a specific regulated area has been 
 11.8   eliminated to the extent that movement of the regulated articles 
 11.9   no longer present a pest risk, the quarantine in that area may 
 11.10  be removed.  The commissioner may also exempt areas from 
 11.11  specified requirements until eradication has been achieved. 
 11.12     Subd. 4.  [MOVEMENT OF REGULATED ARTICLES.] (a) A regulated 
 11.13  article that is prohibited or is required to be certified and 
 11.14  that comes from an area regulated by a state or federal 
 11.15  quarantine, may be refused entry into this state.  The owner or 
 11.16  carrier of regulated articles that are reportedly originating in 
 11.17  nonregulated areas of a quarantined state must provide proof of 
 11.18  origin of the regulated articles.  An invoice, waybill, or other 
 11.19  shipping document satisfactory to the receiving state regulatory 
 11.20  official is acceptable as proof of origin. 
 11.21     (b) Certificates or permits are required for the movement 
 11.22  of regulated articles from a regulated area to any point outside 
 11.23  the regulated area.  Certificates or permits are not required 
 11.24  for a regulated article originating outside of a regulated area 
 11.25  moving to another nonregulated area or moving through or 
 11.26  reshipped from a regulated area when the point of origin of the 
 11.27  article is clearly indicated on a waybill, bill of lading, 
 11.28  shipper's invoice, or other similar document accompanying the 
 11.29  shipment.  Shipments moving through or being reshipped from a 
 11.30  regulated area must be safeguarded against infestation while 
 11.31  within the regulated area. 
 11.32     Subd. 5.  [PUBLIC NOTIFICATION OF A STATE QUARANTINE OR 
 11.33  EMERGENCY REGULATION.] (a) For pest threats of imminent concern, 
 11.34  the commissioner may declare an emergency quarantine or enact 
 11.35  emergency orders. 
 11.36     (b) If circumstances permit, public notice and a public 
 12.1   hearing must be held to solicit comments regarding the proposed 
 12.2   state quarantine.  If a pest threat is of imminent concern and 
 12.3   there is insufficient time to allow full public comment on the 
 12.4   proposed quarantine, the commissioner may impose an emergency 
 12.5   quarantine until a state quarantine can be implemented. 
 12.6      (c) Upon establishment of a state quarantine, and upon 
 12.7   institution of modifications or repeal, notices must be sent to 
 12.8   the principal parties of interest, including federal and state 
 12.9   authorities, and to organizations representing the public 
 12.10  involved in the restrictive measures. 
 12.11     Subd. 6.  [QUARANTINE REPEAL.] A quarantine may be repealed 
 12.12  when its purpose has been accomplished.  If a quarantine has 
 12.13  attained its objective or if the progress of events has clearly 
 12.14  proved that attainment is not possible by the restrictions 
 12.15  adopted, a quarantine may be modified or repealed. 
 12.16     Sec. 7.  [18G.07] [TREE CARE AND TREE TRIMMING COMPANY 
 12.17  REGISTRY.] 
 12.18     Subdivision 1.  [PURPOSE.] Gypsy moth, emerald ash borer, 
 12.19  Asian long-horned beetles, and other serious exotic forest pests 
 12.20  are introduced into noninfested areas by the movement of 
 12.21  infested wood, branches, logs, and brush.  Prompt notification 
 12.22  and communication with tree care companies and tree trimmers 
 12.23  greatly enhances the capability of the commissioner to limit or 
 12.24  restrict the movement of such infested material. 
 12.25     Subd. 2.  [CREATION OF REGISTRY.] The commissioner may 
 12.26  maintain a list of all persons and companies that provide tree 
 12.27  care or tree trimming services in Minnesota.  All tree care 
 12.28  providers, tree trimmers, and persons who remove trees, limbs, 
 12.29  branches, brush, or shrubs for hire must provide the following 
 12.30  information to the commissioner: 
 12.31     (1) accurate and up-to-date business name, address, and 
 12.32  telephone number; 
 12.33     (2) a complete list of all Minnesota counties in which they 
 12.34  work; and 
 12.35     (3) a complete list of persons in the business who are 
 12.36  certified by the International Society of Arborists. 
 13.1      Subd. 3.  [INFORMATION DISSEMINATION.] The commissioner 
 13.2   shall provide registered tree care companies with information 
 13.3   and data regarding any existing or potential regulated forest 
 13.4   pest infestations within the state. 
 13.5      Sec. 8.  [18G.08] [INTRODUCTION OF LOGS OR WOOD WITH 
 13.6   ATTACHED BARK.] 
 13.7      Subdivision 1.  [LEGISLATIVE FINDINGS.] Movement into this 
 13.8   state of logs or wood with bark attached poses a significant 
 13.9   risk for the introduction of serious forest or other harmful 
 13.10  plant pests such as Gypsy moths, numerous exotic or nonnative 
 13.11  bark beetles, and other serious plant pests and pathogens. 
 13.12     Subd. 2.  [PROHIBITION.] (a) No person may bring or cause 
 13.13  to be brought into Minnesota logs or wood with bark attached 
 13.14  under the following circumstances: 
 13.15     (1) logs from states known to have regulated plant pest 
 13.16  infestations; 
 13.17     (2) logs from areas quarantined by state or federal 
 13.18  agencies; and 
 13.19     (3) logs infested with harmful or exotic plant pests. 
 13.20     (b) Wood without bark attached, wood chips, or shredded 
 13.21  wood is not prohibited. 
 13.22     (c) Logs or wood material prohibited in paragraph (a) may 
 13.23  enter this state if: 
 13.24     (1) a phytosanitary certificate is issued by the state of 
 13.25  origin; 
 13.26     (2) a compliance agreement is established with the 
 13.27  department prior to shipment; or 
 13.28     (3) the commissioner grants a specific exemption to the 
 13.29  importer or shipping agent prior to shipment. 
 13.30     Sec. 9.  [18G.09] [SHIPMENT OF PLANT PESTS AND BIOLOGICAL 
 13.31  CONTROL AGENTS.] 
 13.32     Shipment, introduction into, or release in Minnesota of a 
 13.33  plant pest, noxious weed, or other organism that may directly or 
 13.34  indirectly affect Minnesota's plant life as a harmful or 
 13.35  dangerous pest, parasite, or predator of other organisms, or any 
 13.36  arthropod, is prohibited, except under permit issued by the 
 14.1   commissioner. 
 14.2      No person may sell, offer for sale, move, convey, 
 14.3   transport, deliver, ship, or offer for shipment, any plant pest, 
 14.4   or biological control agent, without a permit from the United 
 14.5   States Department of Agriculture, Animal and Plant Health 
 14.6   Inspection Service or its state equivalent.  A permit may be 
 14.7   issued only after the commissioner determines that the proposed 
 14.8   shipment or use will not create a hazard to the agricultural, 
 14.9   forest, or horticultural interests of this state or the state's 
 14.10  general environmental quality.  The permit must be affixed 
 14.11  conspicuously to the exterior of each shipping container, box, 
 14.12  package, or appliance; accompany each shipping container, box, 
 14.13  package, or appliance; or comply with other directions of the 
 14.14  commissioner. 
 14.15     Sec. 10.  [18G.10] [EXPORT CERTIFICATION, INSPECTIONS, 
 14.16  CERTIFICATES, PERMITS, AND FEES.] 
 14.17     Subdivision 1.  [FINDINGS; PURPOSE.] Most foreign countries 
 14.18  and several states have quarantines, restrictions, or 
 14.19  phytosanitary requirements, and regulations that must be met 
 14.20  before a plant or plant product may be imported into their 
 14.21  country or state.  To ensure continued access to foreign and 
 14.22  domestic markets, the commissioner shall provide inspection and 
 14.23  certification services to ensure that appropriate phytosanitary 
 14.24  restrictions or requirements are fully met. 
 14.25     Subd. 2.  [PLANT PROTECTION ACCOUNT.] A plant protection 
 14.26  account is established in the state treasury.  All fees 
 14.27  collected under this section must be deposited in the state 
 14.28  treasury and credited to the plant protection account.  Money in 
 14.29  this account is appropriated to the commissioner to pay costs 
 14.30  associated with providing export certification and plant 
 14.31  protection permits and certificates for Minnesota agricultural 
 14.32  and plant products.  Penalties collected under this section in 
 14.33  the enforcement of this chapter must be deposited in the plant 
 14.34  protection account. 
 14.35     Subd. 3.  [COOPERATIVE AGREEMENTS.] The commissioner may 
 14.36  enter into cooperative agreements with federal and state 
 15.1   agencies for administration of the export certification 
 15.2   program.  An exporter of plants or plant products desiring to 
 15.3   originate shipments from Minnesota to a foreign country 
 15.4   requiring a phytosanitary or export certificate must submit an 
 15.5   application to the commissioner. 
 15.6      Subd. 4.  [PHYTOSANITARY AND EXPORT 
 15.7   CERTIFICATES.] Application for phytosanitary or export 
 15.8   certificates must be made on forms provided or approved by the 
 15.9   commissioner.  The commissioner shall conduct inspections of 
 15.10  plants, plant products, or facilities for persons that have 
 15.11  applied for or intend to apply for a phytosanitary or export 
 15.12  certificate from the commissioner.  Inspections must include one 
 15.13  or more of the following as requested or required: 
 15.14     (1) an inspection of the plants or plant products intended 
 15.15  for export under a phytosanitary or export certificate; 
 15.16     (2) field inspections of growing plants to determine 
 15.17  presence or absence of plant diseases, if necessary; 
 15.18     (3) laboratory diagnosis for presence or absence of plant 
 15.19  diseases, if necessary; 
 15.20     (4) observation and evaluation of procedures and facilities 
 15.21  utilized in handling plants and plant products, if necessary; 
 15.22  and 
 15.23     (5) review of United States Department of Agriculture, 
 15.24  Federal Grain Inspection Service Official Export Grain 
 15.25  Inspection Certificate logs. 
 15.26     The commissioner may issue a phytosanitary or export 
 15.27  certificate if the plants or plant products satisfactorily meet 
 15.28  the requirements of the importing foreign country and the United 
 15.29  States Department of Agriculture requirements.  The requirements 
 15.30  of the destination countries must be met by the applicant. 
 15.31     Subd. 5.  [CERTIFICATE FEES.] The commissioner shall assess 
 15.32  the following fees for the inspection, service, and work 
 15.33  performed in carrying out the issuance of a phytosanitary or 
 15.34  export certificate.  The inspection fee must be based on mileage 
 15.35  and inspection time. 
 15.36     (a) Mileage charge:  current United States Internal Revenue 
 16.1   Service mileage rate. 
 16.2      (b) Inspection time:  $50 per hour minimum or fee necessary 
 16.3   to cover department costs.  Inspection time includes the driving 
 16.4   time to and from the location in addition to the time spent 
 16.5   conducting the inspection. 
 16.6      (c) A fee must be charged for any certificate issued that 
 16.7   requires laboratory analysis before issuance.  The fee must be 
 16.8   deposited into the laboratory account as authorized in section 
 16.9   17.85. 
 16.10     (d) Certificate fee for product value greater than $250.  A 
 16.11  fee of $75 must be assessed for each phytosanitary or export 
 16.12  certificate issued for any single shipment valued at more than 
 16.13  $250 in addition to any mileage or inspection time charges that 
 16.14  are assessed. 
 16.15     (e) Certificate fee for product value less than $250.  A 
 16.16  fee of $25 must be assessed for each phytosanitary or export 
 16.17  certificate issued for any single shipment valued at less than 
 16.18  $250 in addition to any mileage or inspection time charges that 
 16.19  are assessed. 
 16.20     Subd. 6.  [CERTIFICATE DENIAL OR CANCELLATION.] The 
 16.21  commissioner may deny or cancel the issuance of a phytosanitary 
 16.22  or export certificate for any of the following reasons: 
 16.23     (1) failure of the plants or plant products to meet 
 16.24  quarantine, regulations, and requirements imposed by the country 
 16.25  for which the phytosanitary or export certificate is being 
 16.26  requested; 
 16.27     (2) failure to completely or accurately provide the 
 16.28  information requested on the application form; 
 16.29     (3) failure to ship the exact plants or plant products 
 16.30  which were inspected and approved; or 
 16.31     (4) failure to pay any fees or costs due the commissioner. 
 16.32     Subd. 7.  [PLANT PROTECTION INSPECTIONS, CERTIFICATES, 
 16.33  PERMITS, AND FEES.] (a) The commissioner may provide inspection, 
 16.34  sampling, or certification services to ensure that Minnesota 
 16.35  plant products or commodities meet import requirements of other 
 16.36  states or countries. 
 17.1      (b) The state plant regulatory official may issue permits 
 17.2   and certificates verifying that various Minnesota agricultural 
 17.3   products or commodities meet specified phytosanitary 
 17.4   requirements, treatment requirements, or pest absence assurances 
 17.5   based on determinations by the commissioner.  The commissioner 
 17.6   may collect fees sufficient to recover costs for these permits 
 17.7   or certificates.  The fees must be deposited in the plant 
 17.8   protection account. 
 17.9      Sec. 11.  [18G.11] [COOPERATION WITH OTHER JURISDICTIONS.] 
 17.10     The commissioner may enter into cooperative agreements with 
 17.11  organizations, persons, civic groups, governmental agencies, or 
 17.12  other organizations to adopt and execute plans to detect and 
 17.13  control areas infested or infected with harmful plant pests.  
 17.14  The cooperative agreements may include provisions of joint 
 17.15  funding of any control treatment. 
 17.16     If a harmful plant pest infestation or infection occurs and 
 17.17  cannot be adequately controlled by individual persons, owners, 
 17.18  tenants, or local units of government, the commissioner may 
 17.19  conduct the necessary control measures independently or on a 
 17.20  cooperative basis with federal or other units of government. 
 17.21     Sec. 12.  [18G.12] [INVASIVE SPECIES MANAGEMENT AND 
 17.22  INVESTIGATION.] 
 17.23     Subdivision 1.  [PLANT PEST AND INVASIVE SPECIES RESEARCH.] 
 17.24  The commissioner shall conduct research to prevent the 
 17.25  introduction or spread of invasive species and plant pests into 
 17.26  the state and to investigate the feasibility of their control or 
 17.27  eradication. 
 17.28     Subd. 2.  [STATEWIDE PROGRAM.] The commissioner shall 
 17.29  establish a statewide program to prevent and curb the spread of 
 17.30  harmful plant pest and terrestrial invasive species.  To the 
 17.31  extent possible, the program must provide coordination of 
 17.32  efforts among governmental entities and private organizations. 
 17.33     Subd. 3.  [INVASIVE SPECIES MANAGEMENT PLAN.] The 
 17.34  commissioner shall prepare and maintain a long-term terrestrial 
 17.35  invasive species management plan which may include specific 
 17.36  plans for individual species.  The plan must address: 
 18.1      (1) coordination strategies for detection and prevention of 
 18.2   accidental introductions; 
 18.3      (2) methods to disseminate information about harmful 
 18.4   invasive species to the general public and appropriate 
 18.5   agricultural and resource management agencies or organizations; 
 18.6      (3) coordination of control efforts for selected harmful 
 18.7   terrestrial invasive species; and 
 18.8      (4) participation by local units of government and other 
 18.9   state and federal agencies in the development and implementation 
 18.10  of local management efforts. 
 18.11     Subd. 4.  [REGIONAL COOPERATION.] The commissioner shall 
 18.12  seek cooperation with other states and Canadian provinces for 
 18.13  the purposes of management and control of harmful invasive 
 18.14  species. 
 18.15     Subd. 5.  [INVASIVE SPECIES ANNUAL REPORT.] By January 15 
 18.16  of each year, the commissioner shall submit a report on harmful 
 18.17  terrestrial invasive species to the chairs of the legislative 
 18.18  committees having jurisdiction over environmental and 
 18.19  agricultural resource issues.  The report must include: 
 18.20     (1) detailed information on expenditures for 
 18.21  administration, education, management, inspections, surveys, and 
 18.22  research; 
 18.23     (2) an overview of accomplishments achieved during the 
 18.24  prior calendar year; 
 18.25     (3) an analysis of the effectiveness of management 
 18.26  activities; 
 18.27     (4) information related to the participation of other state 
 18.28  and local units of government; 
 18.29     (5) information about shade tree protection efforts and 
 18.30  results; 
 18.31     (6) an assessment of future management needs; and 
 18.32     (7) proposed goals for the coming year. 
 18.33     Sec. 13.  [18G.13] [LOCAL PEST CONTROL.] 
 18.34     Subdivision 1.  [PURPOSE.] The purpose of this section is 
 18.35  to authorize subdivisions of state government to establish and 
 18.36  fund their own programs to control pests that are likely to 
 19.1   cause economic or environmental harm or harm to human health. 
 19.2      Subd. 2.  [CONTROL.] The governing body of any county, 
 19.3   city, or town may appropriate money for the control of native or 
 19.4   exotic pests. 
 19.5      Subd. 3.  [COST.] The governing body of the political 
 19.6   subdivision may levy a tax on the taxable property within the 
 19.7   subdivision to defray the cost of the activities authorized 
 19.8   under subdivision 2. 
 19.9      Subd. 4.  [CERTIFICATES OF INDEBTEDNESS.] To provide funds 
 19.10  for such activities in advance of collection of the tax levies 
 19.11  under subdivision 3, the governing body may, at any time after 
 19.12  the tax has been levied and certified to the county auditor for 
 19.13  collection, issue certificates of indebtedness in anticipation 
 19.14  of the collection and payment of the tax.  The total amount of 
 19.15  the certificates, including principal and interest, must not 
 19.16  exceed 90 percent of the amount of the levy and must be payable 
 19.17  from the proceeds of the levy no later than two years from the 
 19.18  date of issuance.  They must be issued on terms and conditions 
 19.19  determined by the governing body and must be sold as provided in 
 19.20  section 475.60.  If the governing body determines that an 
 19.21  emergency exists, it may make appropriations from the proceeds 
 19.22  of the certificates for authorized purposes without complying 
 19.23  with statutory or charter provisions requiring that expenditures 
 19.24  be based on a prior budget authorization or other budgeting 
 19.25  requirements. 
 19.26     Subd. 5.  [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] The 
 19.27  proceeds of a tax levied under subdivision 3 or an issue of 
 19.28  certificates of indebtedness under subdivision 4 must be 
 19.29  deposited in the municipal treasury in a separate fund and spent 
 19.30  only for purposes authorized by this section.  If no 
 19.31  disbursement is made from the fund for a period of five years, 
 19.32  any money remaining in the fund may be transferred to the 
 19.33  general fund. 
 19.34     Subd. 6.  [PENALTY.] A person who prevents, obstructs, or 
 19.35  interferes with the county authorities or their agents in 
 19.36  carrying out subdivisions 2 to 5, or neglects to comply with the 
 20.1   rules and regulations of the county commissioners adopted under 
 20.2   authority of those subdivisions, is guilty of a misdemeanor. 
 20.3      Subd. 7.  [REGULATIONS; SCOPE.] A city council, board of 
 20.4   county commissioners, or town board may by resolution or 
 20.5   ordinance adopt and enforce regulations to control and prevent 
 20.6   the spread of plant pests and diseases.  The regulations may 
 20.7   authorize appropriate officers and employees to: 
 20.8      (1) enter and inspect any public or private place that 
 20.9   might harbor plant pests; 
 20.10     (2) provide for the summary removal of diseased trees from 
 20.11  public or private places if necessary to prevent the spread of 
 20.12  the disease; 
 20.13     (3) require the owner to destroy or treat plant pests, 
 20.14  diseased or invasive plants, or other infested material; and 
 20.15     (4) provide for the work at the expense of the owner. 
 20.16  The expense must be a lien upon the property and may be 
 20.17  collected as a special assessment as provided by section 429.101 
 20.18  or by charter.  In this subdivision, "private place" means every 
 20.19  place except a private home. 
 20.20     Sec. 14.  [18G.14] [MOSQUITO ABATEMENT.] 
 20.21     Subdivision 1.  [DECLARATION OF POLICY.] The abatement or 
 20.22  suppression of mosquitoes is advisable and necessary for the 
 20.23  maintenance and improvement of the health, welfare, and 
 20.24  prosperity of the people.  Areas where mosquitoes incubate or 
 20.25  hatch are declared to be public nuisances and may be abated 
 20.26  under this section.  Mosquito abatement may be undertaken under 
 20.27  sections 18.041 to 18.161 anywhere in the state by any 
 20.28  governmental unit. 
 20.29     Subd. 2.  [ESTABLISHING LOCAL BOARD.] A governmental unit 
 20.30  may engage in mosquito abatement and establish a mosquito 
 20.31  abatement board upon adoption of a resolution to that effect by 
 20.32  its governing body or upon adoption of a proposal to that effect 
 20.33  by the voters of the governmental unit in the manner provided in 
 20.34  subdivision 3. 
 20.35     Subd. 3.  [PETITION; HEARING; ELECTION.] If a petition 
 20.36  signed by five percent of the property owners or 250 owners, 
 21.1   whichever is less, is presented to a governing body requesting 
 21.2   the governmental unit to engage in mosquito abatement, a public 
 21.3   hearing must be held on the petition by the governing body 
 21.4   within 15 days of presentation of the petition.  If the 
 21.5   governing body does not, within 15 days after the hearing, adopt 
 21.6   a resolution to undertake mosquito abatement, the governing body 
 21.7   must order a vote to be taken at the next regular election or 
 21.8   town meeting on the proposal to undertake mosquito abatement.  
 21.9   The governing body must provide ballots to be used at the 
 21.10  election or meeting.  The ballot must bear the words "Shall the 
 21.11  (governmental unit) of ....... engage in mosquito abatement?"  
 21.12  If the majority of the votes are affirmative, the governing body 
 21.13  must take appropriate action as soon as possible to carry on 
 21.14  mosquito abatement.  A proposal to undertake mosquito abatement 
 21.15  that is rejected by the voters must not be resubmitted to the 
 21.16  voters for two years. 
 21.17     Subd. 4.  [DISCONTINUING PROGRAM.] If a governmental unit 
 21.18  by action of its governing body or voters has chosen to engage 
 21.19  in mosquito abatement, the abatement program may be discontinued 
 21.20  in the following manner: 
 21.21     (1) if the mosquito abatement was originally undertaken by 
 21.22  resolution of the governing body, then by the adoption of a 
 21.23  resolution to that effect by the governing body, or by the 
 21.24  adoption of a proposal to that effect by the voters of the 
 21.25  governmental unit in the manner provided in this subdivision; 
 21.26  and 
 21.27     (2) if the mosquito abatement was originally undertaken by 
 21.28  the adoption of a proposal to that effect by the voters of the 
 21.29  governmental unit, then only by the adoption of a proposal to 
 21.30  that effect by the voters of the governmental unit in the manner 
 21.31  provided in subdivision 5. 
 21.32     Subd. 5.  [PETITION; HEARING; AND ELECTION TO DISCONTINUE.] 
 21.33  If a petition signed by five percent of the property owners or 
 21.34  250 owners, whichever is less, is presented to the governing 
 21.35  body engaged in mosquito abatement requesting it to discontinue 
 21.36  mosquito abatement, a public hearing must be held on the 
 22.1   petition by the governing body within 15 days after presentation 
 22.2   of the petition.  If the governing body does not, within 15 days 
 22.3   after the hearing, adopt a resolution to discontinue mosquito 
 22.4   abatement, the governing body must order a vote to be taken at 
 22.5   the next regular election or town meeting on the proposal to 
 22.6   discontinue mosquito abatement.  The governing body shall 
 22.7   provide ballots to be used at the election or meeting.  The 
 22.8   ballot must bear the words "Shall the (governmental unit) of 
 22.9   ....... discontinue mosquito abatement?"  If a majority of the 
 22.10  votes are affirmative, the governing body must take appropriate 
 22.11  action as soon as possible to discontinue mosquito abatement.  A 
 22.12  proposal to discontinue mosquito abatement that is rejected by 
 22.13  the voters must not be resubmitted to the voters for two years. 
 22.14     Subd. 6.  [ABATEMENT BOARD.] A governing body that has 
 22.15  decided, in the manner required by this section, to engage in 
 22.16  mosquito abatement, shall appoint three persons to serve as 
 22.17  members of a mosquito abatement board with powers specified in 
 22.18  subdivision 8.  Each member of the board holds office at the 
 22.19  pleasure of the governing body and serves without compensation, 
 22.20  except that board members may be reimbursed for actual expenses 
 22.21  incurred in fulfilling board duties. 
 22.22     Subd. 7.  [OFFICERS; MEETINGS.] Immediately after 
 22.23  appointment of the board and at the first meeting in each 
 22.24  succeeding calendar year, the board shall elect a chair, a 
 22.25  secretary, a treasurer, and other necessary officers.  The board 
 22.26  shall provide for the time and place of holding regular meetings 
 22.27  and may establish rules for proceedings.  All meetings of the 
 22.28  board are open to the public.  Two members of the board 
 22.29  constitute a quorum, but one member may adjourn from day to 
 22.30  day.  The board shall keep a written record of its proceedings 
 22.31  and an itemized account of all expenditures and disbursements 
 22.32  and that record and account must be open at all reasonable times 
 22.33  for public inspection. 
 22.34     Subd. 8.  [POWERS OF BOARD.] A mosquito abatement board and 
 22.35  a joint board established under section 18.131 may, either by 
 22.36  board action or through its members, officers, agents, or 
 23.1   employees, as may be appropriate: 
 23.2      (1) enter any property within the governmental unit at 
 23.3   reasonable times to determine whether mosquito breeding exists; 
 23.4      (2) take necessary and proper steps for the abatement of 
 23.5   mosquitoes and other insects and arachnids, such as ticks, 
 23.6   mites, and spiders, as the commissioner may designate; 
 23.7      (3) subject to the paramount control of county and state 
 23.8   authorities, lagoon and clean up any stagnant pool of water and 
 23.9   clean up shores of lakes and streams and other mosquito breeding 
 23.10  places; 
 23.11     (4) spray with insecticides, approved by the commissioner, 
 23.12  areas in the governmental unit found to be breeding places for 
 23.13  mosquitoes or other insects or arachnids designated under clause 
 23.14  (2); 
 23.15     (5) purchase supplies and equipment and employ persons 
 23.16  necessary and proper for mosquito abatement; 
 23.17     (6) accept gifts of money or equipment to be used for 
 23.18  mosquito abatement; and 
 23.19     (7) enter into contracts necessary to accomplish mosquito 
 23.20  abatement. 
 23.21     Subd. 9.  [COOPERATE WITH STATE DEPARTMENTS.] Each mosquito 
 23.22  abatement board and each governmental unit engaged in mosquito 
 23.23  abatement shall cooperate with the University of Minnesota, the 
 23.24  commissioners of agriculture, health, natural resources, and 
 23.25  transportation, and the agricultural experiment station. 
 23.26     Subd. 10.  [TAX LEVY.] An annual tax may be levied for 
 23.27  mosquito abatement purposes on all taxable property in any 
 23.28  governmental unit undertaking mosquito abatement under this 
 23.29  section.  The tax must be certified, levied, and collected in 
 23.30  the same manner as other taxes levied by the governmental unit. 
 23.31     Subd. 11.  [CERTIFICATES OF INDEBTEDNESS.] At any time 
 23.32  after the annual tax levy has been certified to the county 
 23.33  auditor, and not earlier than October 10 in any year, any 
 23.34  governing body may, for the purpose of providing the necessary 
 23.35  funds for mosquito abatement for the succeeding year, by 
 23.36  resolution, issue and sell as many certificates of indebtedness 
 24.1   as may be needed in anticipation of the collection of taxes 
 24.2   levied under subdivision 10.  Certificates must not be issued in 
 24.3   excess of 50 percent of the amount of the tax levy, as spread by 
 24.4   the county auditor, to be collected for mosquito abatement.  No 
 24.5   certificate may be issued to become due and payable later than 
 24.6   December 31 of the year succeeding the year in which the tax 
 24.7   levy was made.  The certificates must not be sold for less than 
 24.8   par and accrued interest, and must not bear a greater rate of 
 24.9   interest than five percent per annum.  Each certificate must 
 24.10  state upon its face that the proceeds of the certificate must be 
 24.11  used for the mosquito abatement fund, the total amount of the 
 24.12  certificates issued, and the amount embraced in the tax levy for 
 24.13  that particular purpose.  The certificates must be numbered 
 24.14  consecutively and be in denominations of $100 or multiples of 
 24.15  $100, may have interest coupons attached, and must be otherwise 
 24.16  of a form, on terms, and made payable at a place that will best 
 24.17  aid in their negotiation.  The proceeds of the tax assessed and 
 24.18  collected on account of the mosquito abatement fund must be 
 24.19  irrevocably pledged for the redemption of the certificates 
 24.20  issued.  The certificates must be paid solely from the money 
 24.21  derived from the levy for the year against which the 
 24.22  certificates were issued, or, if they are not sufficient for 
 24.23  that purpose, from the levy for the mosquito abatement fund in 
 24.24  the next succeeding year.  The money derived from the sale of 
 24.25  the certificates must be credited to the mosquito abatement fund 
 24.26  for the calendar year immediately succeeding the making of the 
 24.27  levy and may not be used or spent until the succeeding year.  No 
 24.28  certificates for any year may be issued until all certificates 
 24.29  for prior years have been paid.  No certificates may be extended.
 24.30     Subd. 12.  [DEPOSIT AND USE OF FUNDS.] All money received 
 24.31  for mosquito abatement purposes, either by way of tax collection 
 24.32  or the sale of certificates of indebtedness, must be deposited 
 24.33  in the treasury of the governmental unit to the credit of a 
 24.34  special fund to be designated as the mosquito abatement fund, 
 24.35  must not be used for any other purpose, and must be drawn upon 
 24.36  by the proper officials upon the properly authenticated voucher 
 25.1   of the mosquito abatement board.  No money may be paid from the 
 25.2   fund except on orders drawn upon the officer of the governmental 
 25.3   unit having charge of the custody of the mosquito abatement fund 
 25.4   and signed by the chair and the secretary of the mosquito 
 25.5   abatement board.  Each mosquito abatement board shall annually 
 25.6   file an itemized statement of all receipts and disbursements 
 25.7   with its governing body. 
 25.8      Subd. 13.  [DUTIES OF COMMISSIONER.] The commissioner: 
 25.9      (1) may establish rules for the conduct of mosquito 
 25.10  abatement operations of governmental units and boards engaged in 
 25.11  mosquito abatement; and 
 25.12     (2) is an ex officio member of a mosquito abatement board.  
 25.13  The commissioner may appoint representatives to act for the 
 25.14  commissioner as ex officio members of boards. 
 25.15     Subd. 14.  [NATURAL RESOURCES.] The commissioner of natural 
 25.16  resources must approve mosquito abatement plans or order 
 25.17  modifications the commissioner of natural resources considers 
 25.18  necessary for the protection of public water, wild animals, and 
 25.19  natural resources before control operations are started on state 
 25.20  lands administered by the commissioner of natural resources or 
 25.21  in public waters listed on the department of natural resources 
 25.22  public waters inventory.  The commissioner of natural resources 
 25.23  may make necessary modifications in an approved plan or revoke 
 25.24  approval of a plan at any time upon written notice to the 
 25.25  governing body or mosquito abatement board. 
 25.26     Subd. 15.  [COOPERATION BETWEEN GOVERNMENTAL UNITS.] If two 
 25.27  or more adjacent governmental units have authorized mosquito 
 25.28  abatement and appointed the members of the mosquito abatement 
 25.29  board, the governing bodies may, by written contract, arrange 
 25.30  for pooling mosquito abatement funds, apportioning all costs, 
 25.31  cooperating in the use of equipment and personnel, and engaging 
 25.32  jointly in mosquito abatement upon terms and conditions and 
 25.33  subject to mutually agreed upon rules.  The immediate control 
 25.34  and management of the joint project may, by the terms of the 
 25.35  written contract, be entrusted to a joint committee composed of 
 25.36  the chair of each of the boards or other board members. 
 26.1      Subd. 16.  [UNORGANIZED TOWNS; POWERS OF COUNTY BOARD.] In 
 26.2   any town that is unorganized politically, the county board of 
 26.3   the county in which the town is situated has all the rights, 
 26.4   powers, and duties conferred by this section upon the governing 
 26.5   bodies of towns, including town boards, and the county board 
 26.6   must act as though it were the governing body and town board of 
 26.7   that town and may authorize and undertake mosquito abatement in 
 26.8   the town and cause taxes to be levied for mosquito abatement the 
 26.9   same as though the town were organized politically and the 
 26.10  county board were the governing body and town board.  The cost 
 26.11  of mosquito abatement in such a town must be paid solely by a 
 26.12  tax levy on the property within the town where mosquito 
 26.13  abatement is undertaken and no part of the expense of mosquito 
 26.14  abatement in that town may be a county expense or paid by the 
 26.15  county. 
 26.16     Subd. 17.  [COST OF STATE'S SERVICE; REFUNDS.] The actual 
 26.17  cost to the state of any service rendered or expense incurred by 
 26.18  the commissioner of agriculture or natural resources under this 
 26.19  section for the benefit of a mosquito abatement board must be 
 26.20  reimbursed by the appropriate governmental unit. 
 26.21     Sec. 15.  [18G.16] [SHADE TREE PEST AND DISEASE CONTROL.] 
 26.22     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
 26.23  subdivision apply to this section. 
 26.24     (b) "Metropolitan area" means the counties of Anoka, 
 26.25  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
 26.26     (c) "Municipality" means a home rule charter or statutory 
 26.27  city or a town located in the metropolitan area that exercises 
 26.28  municipal powers under section 368.01 or any general or special 
 26.29  law; a special park district organized under chapter 398; a 
 26.30  special-purpose park and recreation board organized under the 
 26.31  city charter of a city of the first class located in the 
 26.32  metropolitan area; a county in the metropolitan area for the 
 26.33  purposes of county-owned property or any portion of a county 
 26.34  located outside the geographic boundaries of a city or a town 
 26.35  exercising municipal powers; and a municipality or county 
 26.36  located outside the metropolitan area with an approved disease 
 27.1   control program. 
 27.2      (d) "Shade tree disease" means Dutch elm disease, oak wilt, 
 27.3   or any disorder affecting the growth and life of shade trees. 
 27.4      (e) "Wood utilization or disposal system" means facilities, 
 27.5   equipment, or systems used for the removal and disposal of 
 27.6   diseased shade trees, including collection, transportation, 
 27.7   processing, or storage of wood and assisting in the recovery of 
 27.8   materials or energy from wood. 
 27.9      (f) "Approved disease control program" means a municipal 
 27.10  plan approved by the commissioner to control shade tree disease. 
 27.11     (g) "Disease control area" means an area approved by the 
 27.12  commissioner within which a municipality will conduct an 
 27.13  approved disease control program. 
 27.14     (h) "Sanitation" means the identification, inspection, 
 27.15  disruption of a common root system, girdling, trimming, removal, 
 27.16  and disposal of dead or diseased wood of shade trees, including 
 27.17  subsidies for trees removed pursuant to subdivision 4, on public 
 27.18  or private property within a disease control area. 
 27.19     (i) "Reforestation" means the replacement of shade trees 
 27.20  removed from public property and the planting of a tree as part 
 27.21  of a municipal disease control program.  For purposes of this 
 27.22  paragraph, "public property" includes private property within 
 27.23  five feet of the boulevard or street terrace in a city that 
 27.24  enacted an ordinance on or before January 1, 1977, that 
 27.25  prohibits or requires a permit for the planting of trees in the 
 27.26  public right-of-way. 
 27.27     Subd. 2.  [COMMISSIONER TO ADOPT RULES.] The commissioner 
 27.28  may adopt rules relating to shade tree pest and disease control 
 27.29  in any municipality.  The rules must prescribe control measures 
 27.30  to be used to prevent the spread of shade tree pests and 
 27.31  diseases and must include the following: 
 27.32     (1) a definition of shade tree; 
 27.33     (2) qualifications for tree inspectors; 
 27.34     (3) methods of identifying diseased or infested shade 
 27.35  trees; 
 27.36     (4) procedures for giving reasonable notice of inspection 
 28.1   of private real property; 
 28.2      (5) measures for the removal of any shade tree which may 
 28.3   contribute to the spread of shade tree pests or disease and for 
 28.4   reforestation of pest or disease control areas; 
 28.5      (6) approved methods of treatment of shade trees; 
 28.6      (7) criteria for priority designation areas in an approved 
 28.7   pest or disease control program; and 
 28.8      (8) any other matters determined necessary by the 
 28.9   commissioner to prevent the spread of shade tree pests or 
 28.10  disease and enforce this section. 
 28.11     Subd. 3.  [DIAGNOSTIC LABORATORY.] The commissioner shall 
 28.12  operate a diagnostic laboratory for culturing diseased or 
 28.13  infested trees for positive identification of diseased or 
 28.14  infested shade trees. 
 28.15     Subd. 4.  [COOPERATION BY UNIVERSITY.] The University of 
 28.16  Minnesota College of Natural Resources shall cooperate with the 
 28.17  department in control of shade tree disease, pests, and 
 28.18  disorders and management of shade tree populations.  The College 
 28.19  of Natural Resources shall cooperate with the department to 
 28.20  conduct tree inspector certification and recertification 
 28.21  workshops for certified tree inspectors.  The College of Natural 
 28.22  Resources shall also conduct research into means for identifying 
 28.23  diseased shade trees, develop and evaluate control measures, and 
 28.24  develop means for disposing of and using diseased shade trees. 
 28.25     Subd. 5.  [EXPERIMENTAL PROGRAMS.] The commissioner may 
 28.26  establish experimental programs for sanitation or treatment of 
 28.27  shade tree diseases and for research into tree varieties most 
 28.28  suitable for municipal reforestation.  The research must include 
 28.29  considerations of disease resistance, energy conservation, and 
 28.30  other factors considered appropriate.  The commissioner may make 
 28.31  grants to municipalities or enter into contracts with 
 28.32  municipalities, nurseries, colleges, universities, or state or 
 28.33  federal agencies in connection with experimental shade tree 
 28.34  programs including research to assist municipalities in 
 28.35  establishing priority designation areas for shade tree disease 
 28.36  control and energy conservation. 
 29.1      Subd. 6.  [REMOVAL OF DISEASED OR INFESTED TREES.] After 
 29.2   reasonable notice of inspection, an owner of real property 
 29.3   containing a shade tree that is diseased, infested, or may 
 29.4   contribute to the spread of pests or disease, must remove or 
 29.5   treat the tree within the period of time and in the manner 
 29.6   established by the commissioner.  Trees that are not removed in 
 29.7   compliance with the commissioner's rules must be declared a 
 29.8   public nuisance and removed or treated by approved methods by 
 29.9   the municipality which may assess all or part of the expense, 
 29.10  limited to the lowest contract rates available that include wage 
 29.11  levels which meet Minnesota minimum wage standards, to the 
 29.12  property and the expense becomes a lien on the property.  A 
 29.13  municipality may assess not more than 50 percent of the expense 
 29.14  of treating with an approved method or removing diseased shade 
 29.15  trees located on street terraces or boulevards to the abutting 
 29.16  properties and the assessment becomes a lien on the property. 
 29.17     Subd. 7.  [RULES; APPLICABILITY TO MUNICIPALITIES.] The 
 29.18  rules of the commissioner apply in a municipality unless the 
 29.19  municipality adopts an ordinance determined by the commissioner 
 29.20  to be more stringent than the rules of the commissioner.  The 
 29.21  rules of the commissioner or the municipality apply to all state 
 29.22  agencies, special purpose districts, and metropolitan 
 29.23  commissions as defined in section 473.121, subdivision 5a, that 
 29.24  own or control land adjacent to or within a shade tree disease 
 29.25  control area in Laws 1975, chapter 253. 
 29.26     Subd. 8.  [GRANTS TO MUNICIPALITIES.] (a) The commissioner 
 29.27  may, in the name of the state and within the limit of 
 29.28  appropriations provided, make a grant to a municipality with an 
 29.29  approved disease control program for the partial funding of 
 29.30  municipal sanitation and reforestation programs to replace trees 
 29.31  lost to disease or natural disaster.  The commissioner may make 
 29.32  a grant to a home rule charter or statutory city, a special 
 29.33  purpose park and recreation board organized under a charter of a 
 29.34  city of the first class, a nonprofit corporation serving a city 
 29.35  of the first class, or a county having an approved disease 
 29.36  control program for the acquisition or implementation of a wood 
 30.1   use or disposal system. 
 30.2      (b) The commissioner shall adopt rules for the 
 30.3   administration of grants under this subdivision.  The rules must 
 30.4   contain: 
 30.5      (1) procedures for grant applications; 
 30.6      (2) conditions and procedures for the administration of 
 30.7   grants; 
 30.8      (3) criteria of eligibility for grants including, but not 
 30.9   limited to, those specified in this subdivision; and 
 30.10     (4) other matters the commissioner may find necessary to 
 30.11  the proper administration of the grant program. 
 30.12     (c) Grants for wood utilization and disposal systems made 
 30.13  by the commissioner under this subdivision must not exceed 50 
 30.14  percent of the total cost of the system.  Grants for sanitation 
 30.15  and reforestation must be combined into one grant program.  
 30.16  Grants to a municipality for sanitation must not exceed 50 
 30.17  percent of sanitation costs approved by the commissioner 
 30.18  including any amount of sanitation costs paid by special 
 30.19  assessments, ad valorem taxes, federal grants, or other funds.  
 30.20  A municipality must not specially assess a property owner an 
 30.21  amount greater than the amount of the tree's sanitation cost 
 30.22  minus the amount of the tree's sanitation cost reimbursed by the 
 30.23  commissioner.  Grants to municipalities for reforestation must 
 30.24  not exceed 50 percent of the wholesale cost of the tree planted 
 30.25  under the reforestation program; provided that a reforestation 
 30.26  grant to a county may include 90 percent of the cost of the 
 30.27  first 50 trees planted on public property in a town not included 
 30.28  in the definition of municipality in subdivision 1 and of less 
 30.29  than 1,000 population upon the town's application to the 
 30.30  county.  Reforestation grants to towns and home rule charter or 
 30.31  statutory cities of less than 4,000 population with an approved 
 30.32  disease control program may include 90 percent of the cost of 
 30.33  the first 50 trees planted on public property with the approval 
 30.34  of the 1979 application.  The governing body of a municipality 
 30.35  that receives a reforestation grant under this section must 
 30.36  appoint up to seven residents of the municipality or designate 
 31.1   an existing municipal board or committee to serve as a 
 31.2   reforestation advisory committee to advise the governing body of 
 31.3   the municipality in the administration of the reforestation 
 31.4   program.  For the purpose of this subdivision, "cost" does not 
 31.5   include the value of a gift or dedication of trees required by a 
 31.6   municipal ordinance but does include documented "in-kind" 
 31.7   services or voluntary work for municipalities with a population 
 31.8   of less than 1,000 according to the most recent federal census. 
 31.9      (d) Based upon estimates submitted by the municipality to 
 31.10  the commissioner, which state the estimated costs of sanitation 
 31.11  and reforestation in the succeeding quarter under an approved 
 31.12  program, the commissioner shall direct quarterly advance 
 31.13  payments to be made by the state to the municipality commencing 
 31.14  April 1.  The commissioner shall direct adjustment of any 
 31.15  overestimate in a succeeding quarter.  A municipality may elect 
 31.16  to receive the proceeds of its sanitation and reforestation 
 31.17  grants on a periodic cost reimbursement basis.  
 31.18     (e) A home rule charter or statutory city, county outside 
 31.19  the metropolitan area, or any municipality, as defined in 
 31.20  subdivision 1, may submit an application for a grant authorized 
 31.21  by this subdivision concurrently with its request for approval 
 31.22  of a disease control program. 
 31.23     (f) The commissioner shall not make grants for sanitation 
 31.24  and reforestation or wood utilization and disposal systems in 
 31.25  excess of 67 percent of the amounts appropriated for those 
 31.26  purposes to the municipalities located within the metropolitan 
 31.27  area, as defined in subdivision 1. 
 31.28     Subd. 9.  [SUBSIDIES TO CERTAIN OWNERS.] A municipality may 
 31.29  provide subsidies to nonprofit organizations, to owners of 
 31.30  private residential property of five acres or less, to owners of 
 31.31  property used for a homestead of more than five acres but less 
 31.32  than 20 acres, and to nonprofit cemeteries for the approved 
 31.33  treatment or removal of diseased shade trees. 
 31.34     Notwithstanding any law to the contrary, an owner of 
 31.35  property on which shade trees are located may contract with a 
 31.36  municipality to provide protection against the cost of approved 
 32.1   treatment or removal of diseased shade trees or shade trees that 
 32.2   will contribute to the spread of shade tree diseases.  Under the 
 32.3   contract, the municipality must pay for the removal or approved 
 32.4   treatment under terms and conditions determined its governing 
 32.5   body. 
 32.6      Subd. 10.  [TREE INSPECTOR.] (a) The governing body of each 
 32.7   municipality may appoint a qualified tree inspector.  In 
 32.8   accordance with section 471.59, two or more municipalities may 
 32.9   jointly appoint a tree inspector for the purpose of 
 32.10  administering the rules or ordinances in their communities.  If 
 32.11  a municipality has not appointed a tree inspector by January 1 
 32.12  in any year, the commissioner may assign a qualified employee of 
 32.13  the department of agriculture to perform the duties of the tree 
 32.14  inspector.  The expense of a tree inspector appointed by the 
 32.15  commissioner must be paid by the municipality.  If an employee 
 32.16  of the department of agriculture performs those duties, the 
 32.17  expense must be billed to the municipality and paid into the 
 32.18  state treasury and credited to the plant protection account. 
 32.19     (b) Upon a determination by the commissioner that a 
 32.20  candidate for the position of tree inspector is qualified, the 
 32.21  commissioner shall issue a certificate of qualification to the 
 32.22  tree inspector.  The certificate is valid for one year.  A 
 32.23  person certified as a tree inspector by the commissioner is 
 32.24  authorized upon prior notification to enter and inspect any 
 32.25  public or private property that might harbor diseased or 
 32.26  infested shade trees. 
 32.27     (c) The commissioner may, upon notice and hearing, 
 32.28  decertify a tree inspector if it appears that the tree inspector 
 32.29  has failed to act competently or in the public interest in the 
 32.30  performance of duties.  Notice must be provided and a hearing 
 32.31  conducted according to the provisions of chapter 14 governing 
 32.32  contested case proceedings.  Nothing in this paragraph limits or 
 32.33  otherwise affects the authority of a municipality to dismiss or 
 32.34  suspend a tree inspector in its discretion. 
 32.35     Subd. 11.  [FINANCING.] (a) A municipality may collect the 
 32.36  amount assessed against the property under subdivision 1 as a 
 33.1   special assessment and may issue obligations as provided in 
 33.2   section 429.101, subdivision 1.  The municipality may, at its 
 33.3   option, make any assessment levied payable with interest in 
 33.4   installments not to exceed five years from the date of the 
 33.5   assessment. 
 33.6      (b) After a contract for the sanitation or approved 
 33.7   treatment of trees on private property has been approved or the 
 33.8   work begun, the municipality may issue obligations to defray the 
 33.9   expense of the work financed by special assessments imposed upon 
 33.10  private property.  Section 429.091 applies to those obligations 
 33.11  with the following modifications: 
 33.12     (1) the obligations must be payable not more than five 
 33.13  years from the date of issuance; and 
 33.14     (2) no election is required. 
 33.15     The certificates must not be included in the net debt of 
 33.16  the issuing municipality. 
 33.17     Subd. 12.  [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] Proceeds 
 33.18  of taxes, assessments, and interest collected under this 
 33.19  section, bonds or certificates of indebtedness issued under 
 33.20  subdivision 10, and grants received under subdivision 7 must be 
 33.21  deposited in the municipal treasury in a separate fund and spent 
 33.22  only for the purposes authorized by this section. 
 33.23     Subd. 13.  [WOOD USE.] The departments of agriculture and 
 33.24  natural resources, after consultation with the Minnesota shade 
 33.25  tree advisory committee, may investigate, evaluate, and make 
 33.26  recommendations to the legislature concerning the potential uses 
 33.27  of wood from community trees removed due to disease or other 
 33.28  disorders.  These recommendations shall include maximum resource 
 33.29  recovery through recycling, use as an alternative energy source, 
 33.30  or use in construction or the manufacture of new products. 
 33.31     Subd. 14.  [SECTIONS 18.021 TO 18.022 
 33.32  SUPERSEDED.] Provisions of section 18G.16 that are inconsistent 
 33.33  with Laws 1974, chapter 355, are superseded for a municipality 
 33.34  as defined in subdivision 1. 
 33.35     Subd. 15.  [MUNICIPAL OPTION TO PARTICIPATE IN 
 33.36  PROGRAM.] After December 31, 1981, the term "municipality" shall 
 34.1   include only those municipalities which have informed the 
 34.2   commissioner of their intent to continue an approved disease 
 34.3   control program.  Any municipality desiring to participate in 
 34.4   the grants-in-aid for the partial funding of municipal 
 34.5   sanitation and reforestation programs must notify the 
 34.6   commissioner in writing before the beginning of the calendar 
 34.7   year in which it wants to participate and must have an approved 
 34.8   disease control program during any year in which it receives 
 34.9   grants-in-aid.  Notwithstanding the provisions of any law to the 
 34.10  contrary, no municipality shall be required to have an approved 
 34.11  disease control program after December 31, 1981. 
 34.12                             ARTICLE 2 
 34.13                            NURSERY LAW 
 34.14     Section 1.  [18H.01] [POLICY.] 
 34.15     (a) It is the policy of this state to protect and foster 
 34.16  the health, prosperity, and general welfare of its people by 
 34.17  preserving and protecting the plant industry.  Due to the 
 34.18  importance of the plant industry to the welfare and economy of 
 34.19  the state and the possible damage from the uncontrolled 
 34.20  proliferation of plant pests, there is a need to impose 
 34.21  standards and restrictions on the movement and care of plants 
 34.22  within the state. 
 34.23     (b) It is the policy of this state to achieve and maintain 
 34.24  uniformity as much as possible with national standards and with 
 34.25  other states in regulation and control of sale and distribution 
 34.26  of nursery stock in this state.  
 34.27     Sec. 2.  [18H.02] [DEFINITIONS.] 
 34.28     Subdivision 1.  [SCOPE.] The definitions in this section 
 34.29  apply to this chapter. 
 34.30     Subd. 2.  [AGENT.] "Agent" means a person who, on behalf of 
 34.31  another person, receives on consignment, contracts for, or 
 34.32  solicits for sale on commission, a plant product from a producer 
 34.33  of the product or negotiates the consignment or purchase of a 
 34.34  plant product on behalf of another person. 
 34.35     Subd. 3.  [ANNUAL.] "Annual" means a plant growing in 
 34.36  Minnesota with a life cycle of less than one year. 
 35.1      Subd. 4.  [BALLED AND BURLAPPED.] "Balled and burlapped" 
 35.2   means nursery stock with a ball of soil containing the intact 
 35.3   root system with the ball wrapped in a material intended for 
 35.4   that use. 
 35.5      Subd. 5.  [BARE ROOT.] "Bare root" means nursery stock with 
 35.6   the root system substantially free from soil. 
 35.7      Subd. 6.  [CERTIFICATE.] "Certificate" means a document 
 35.8   authorized or prepared by a federal or state regulatory official 
 35.9   that affirms, declares, or verifies that a plant, product, 
 35.10  shipment, or other officially regulated item meets 
 35.11  phytosanitary, nursery inspection, pest freedom, plant 
 35.12  registration or certification, or other legal requirements. 
 35.13     Subd. 7.  [CERTIFICATION.] "Certification" means a 
 35.14  regulatory official's act of affirming, declaring, or verifying 
 35.15  compliance with phytosanitary, nursery inspection, pest freedom, 
 35.16  plant registration or certification, or other legal requirements.
 35.17     Subd. 8.  [CERTIFIED NURSERY STOCK.] "Certified nursery 
 35.18  stock" means nursery stock which has been officially inspected 
 35.19  by the commissioner and found apparently free of quarantine and 
 35.20  regulated nonquarantine pests or significant dangerous or 
 35.21  potentially damaging plant pests. 
 35.22     Subd. 9.  [COMMISSIONER.] "Commissioner" means the 
 35.23  commissioner of agriculture or the commissioner's designated 
 35.24  employee, representative, or agent. 
 35.25     Subd. 10.  [COMPLIANCE AGREEMENT.] "Compliance agreement" 
 35.26  means a written agreement between a person and a regulatory 
 35.27  agency to achieve compliance with regulatory requirements. 
 35.28     Subd. 11.  [CONSIGNEE.] "Consignee" means a person to whom 
 35.29  a plant, nursery stock, horticultural product, or plant product 
 35.30  is shipped for handling, planting, sale, resale, or any other 
 35.31  purpose. 
 35.32     Subd. 12.  [CONSIGNOR.] "Consignor" means a person who 
 35.33  ships or delivers to a consignee a plant, nursery stock, 
 35.34  horticultural product, or plant product for handling, planting, 
 35.35  sale, resale, or any other purpose. 
 35.36     Subd. 13.  [CONTAINER.] "Container" means a pot, can, or 
 36.1   box used to hold and grow plants. 
 36.2      Subd. 14.  [CONTAINERIZED.] "Containerized" means a larger 
 36.3   transplant placed in a container for marketing purposes. 
 36.4      Subd. 15.  [CONTAINER-GROWN.] "Container-grown" means a 
 36.5   plant that was produced from a liner or cutting in a container.  
 36.6      Subd. 16.  [DEPARTMENT.] "Department" means the Minnesota 
 36.7   department of agriculture. 
 36.8      Subd. 17.  [DISTRIBUTE.] "Distribute" means offer for sale, 
 36.9   sell, barter, ship, deliver for shipment, receive and deliver, 
 36.10  offer to deliver, receive on consignment, contract for, solicit 
 36.11  for sale on commission, or negotiate the consignment or purchase 
 36.12  in this state. 
 36.13     Subd. 18.  [FIXED LOCATION.] "Fixed location" means a 
 36.14  stationary facility owned and operated by a person at which 
 36.15  nursery stock is offered for sale, sold, or distributed. 
 36.16     Subd. 19.  [GREENHOUSE OPERATOR.] "Greenhouse operator" 
 36.17  means a person involved or engaged in the growing of plants, 
 36.18  plant material, or nursery stock within a climate-controlled 
 36.19  structure, for distribution beyond on-site or personal use. 
 36.20     Subd. 20.  [HERBACEOUS.] "Herbaceous" means a nonwoody 
 36.21  plant whose top dies to the ground in the fall. 
 36.22     Subd. 21.  [HORTICULTURAL PRODUCT.] "Horticultural product" 
 36.23  means plants including bulbs, flowers, shrubbery, florist 
 36.24  greens, fruit stock, floral products, nursery stock, ornamental 
 36.25  plants, potted plants, roses, seed, sod, Christmas trees, 
 36.26  fruits, food crops grown in greenhouses, vegetables, and 
 36.27  horticultural specialties not otherwise specified. 
 36.28     Subd. 22.  [INFECTED.] "Infected" means a plant that is: 
 36.29     (1) contaminated with pathogenic microorganisms; 
 36.30     (2) being parasitized; 
 36.31     (3) a host or carrier of an infectious, transmissible, or 
 36.32  contagious pest; or 
 36.33     (4) so exposed to a plant listed in clause (1), (2), or (3) 
 36.34  that one of those conditions can reasonably be expected to exist 
 36.35  and the plant may also pose a risk of contamination to other 
 36.36  plants or the environment. 
 37.1      Subd. 23.  [INFESTED.] "Infested" means a plant has been 
 37.2   overrun by plant pests, including weeds. 
 37.3      Subd. 24.  [LANDSCAPER.] "Landscaper" includes, but is not 
 37.4   limited to, a nursery stock dealer or person who procures 
 37.5   certified stock for immediate sale, distribution, or 
 37.6   transplantation and who does not grow or care for nursery stock. 
 37.7      Subd. 25.  [MAIL-ORDER MERCHANT.] "Mail-order merchant" 
 37.8   includes, but is not limited to, a person, dealer, or producer 
 37.9   who sells or markets, wholesale or retail, any of its orders or 
 37.10  business by drop shipment, catalog, telemarketing, telephone, 
 37.11  mail order, electronic commerce, or other indirect means. 
 37.12     Subd. 26.  [MARK.] "Mark" means an official indicator 
 37.13  affixed by the commissioner for purposes of identification or 
 37.14  separation to, on, around, or near plants or plant material 
 37.15  known or suspected to be infected with a plant pest.  This 
 37.16  includes, but is not limited to, paint, markers, tags, seals, 
 37.17  stickers, tape, ribbons, signs, or placards. 
 37.18     Subd. 27.  [NUISANCE PLANT.] "Nuisance plant" means a plant 
 37.19  not economically essential to the welfare of the people of 
 37.20  Minnesota, as determined by the commissioner, that may serve as 
 37.21  a favorable host of plant pests or may be detrimental to the 
 37.22  agricultural interests of Minnesota. 
 37.23     Subd. 28.  [NURSERY.] "Nursery" means a place where nursery 
 37.24  stock is grown, propagated, collected, or distributed, 
 37.25  including, but not limited to, private property or property 
 37.26  owned, leased, or managed by any agency of the United States, 
 37.27  Minnesota or its political subdivisions, or any other state or 
 37.28  its political subdivisions where nursery stock is fumigated, 
 37.29  treated, packed, or stored. 
 37.30     Subd. 29.  [NURSERY CERTIFICATE.] "Nursery certificate" 
 37.31  means a document issued by the commissioner recognizing that a 
 37.32  person is eligible to sell, offer for sale, or distribute 
 37.33  certified nursery stock at a particular location under a 
 37.34  specified business name.  
 37.35     Subd. 30.  [NURSERY HOBBYIST.] "Nursery hobbyist" means a 
 37.36  person who grows, offers for sale, or distributes less than 
 38.1   $1,000 worth of certified nursery stock annually. 
 38.2      Subd. 31.  [NURSERY STOCK.] "Nursery stock" means a plant 
 38.3   intended for planting or propagation, including, but not limited 
 38.4   to, trees, shrubs, vines, perennials, biennials, grafts, 
 38.5   cuttings, and buds that may be sold for propagation, whether 
 38.6   cultivated or wild, and all viable parts of these plants.  
 38.7   Nursery stock does not include: 
 38.8      (1) field and forage crops; 
 38.9      (2) the seeds of grasses, cereal grains, vegetable crops, 
 38.10  and flowers; 
 38.11     (3) vegetable plants, bulbs, or tubers; 
 38.12     (4) cut flowers, unless stems or other portions are 
 38.13  intended for propagation; 
 38.14     (5) annuals; or 
 38.15     (6) Christmas trees. 
 38.16     Subd. 32.  [NURSERY STOCK BROKER.] "Nursery stock broker" 
 38.17  means a nursery stock dealer engaged in the business of selling 
 38.18  or reselling nursery stock as a business transaction without 
 38.19  taking ownership or handling the nursery stock. 
 38.20     Subd. 33.  [NURSERY STOCK DEALER.] "Nursery stock dealer" 
 38.21  means a person involved in the acquisition and further 
 38.22  distribution of nursery stock; the utilization of nursery stock 
 38.23  for landscaping or purchase of nursery stock for other persons; 
 38.24  or the distribution of nursery stock with a mechanical digger, 
 38.25  commonly known as a tree spade, or by any other means.  A person 
 38.26  who purchases more than half of the nursery stock offered for 
 38.27  sale at a sales location during the current certificate year is 
 38.28  considered a nursery stock dealer rather than a nursery stock 
 38.29  grower for the purposes of determining a proper fee schedule.  
 38.30  Nursery stock brokers, landscapers, and tree spade operators are 
 38.31  considered nursery stock dealers for purposes of determining 
 38.32  proper certification. 
 38.33     Subd. 34.  [NURSERY STOCK GROWER.] "Nursery stock grower" 
 38.34  includes, but is not limited to, a person who raises, grows, or 
 38.35  propagates nursery stock, outdoors or indoors.  A person who 
 38.36  grows more than half of the nursery stock offered for sale at a 
 39.1   sales location during the current certificate year is considered 
 39.2   a nursery stock grower for the purpose of determining a proper 
 39.3   fee schedule. 
 39.4      Subd. 35.  [OWNER.] "Owner" includes, but is not limited 
 39.5   to, the person with the legal right of possession, 
 39.6   proprietorship of, or responsibility for the property or place 
 39.7   where any of the articles regulated in this chapter are found, 
 39.8   or the person who is in possession of, proprietorship of, or has 
 39.9   responsibility for the regulated articles. 
 39.10     Subd. 36.  [PERSON.] "Person" means an individual, firm, 
 39.11  corporation, partnership, association, trust, joint stock 
 39.12  company, unincorporated organization, the state, a state agency, 
 39.13  or a political subdivision.  
 39.14     Subd. 37.  [PLACE OF ORIGIN.] "Place of origin" means the 
 39.15  county and state where nursery stock was most recently certified 
 39.16  or grown for at least one full growing season. 
 39.17     Subd. 38.  [PLANT.] "Plant" means a plant, plant product, 
 39.18  plant part, or reproductive or propagative part of a plant, 
 39.19  plant product, or plant part, including all growing media, 
 39.20  packing material, or containers associated with the plants, 
 39.21  plant parts, or plant products. 
 39.22     Subd. 39.  [PLANT PEST.] "Plant pest" means a biotic agent 
 39.23  that causes or may cause harm to plants. 
 39.24     Subd. 40.  [PUBLIC NUISANCE.] "Public nuisance" means: 
 39.25     (1) a plant, appliance, conveyance, or article that is 
 39.26  infested with plant pests that may cause significant damage or 
 39.27  harm; or 
 39.28     (2) premises where a plant pest is found. 
 39.29     Subd. 41.  [QUARANTINE.] "Quarantine" means an enforced 
 39.30  isolation or restriction of free movement of plants, plant 
 39.31  material, animals, animal products, human activity, or any 
 39.32  article or material in order to treat, control, or eradicate a 
 39.33  plant pest. 
 39.34     Subd. 42.  [REGULATED NONQUARANTINE PEST.] "Regulated 
 39.35  nonquarantine pest" means a plant pest that has not been 
 39.36  quarantined by state or federal agencies and whose presence in 
 40.1   nursery stock affects the intended use of those plants and may 
 40.2   pose an unacceptable risk to nursery stock, other plants, the 
 40.3   environment, or human activities. 
 40.4      Subd. 43.  [SALES LOCATION.] "Sales location" means a fixed 
 40.5   location from which nursery stock is displayed or distributed. 
 40.6      Subd. 44.  [SOIL.] "Soil" means unconsolidated mineral 
 40.7   material in which plants can grow. 
 40.8      Subd. 45.  [TREE SPADE.] "Tree spade" means a mechanical 
 40.9   device or machinery capable of removing nursery stock, root 
 40.10  system, and soil from the planting in one operation. 
 40.11     Subd. 46.  [TREE SPADE OPERATOR.] "Tree spade operator" 
 40.12  means a nursery stock dealer who uses a tree spade to dig 
 40.13  nursery stock and sells, offers for sale, distributes, and 
 40.14  transports certified nursery stock. 
 40.15     Subd. 47.  [WILD PLANT.] "Wild plant" means nursery stock 
 40.16  taken from any place other than a nursery. 
 40.17     Sec. 3.  [18H.03] [POWERS AND DUTIES OF COMMISSIONER.] 
 40.18     Subdivision 1.  [EMPLOYEES.] The commissioner may employ 
 40.19  entomologists, plant pathologists, and other employees necessary 
 40.20  to administer this chapter. 
 40.21     Subd. 2.  [ENTRY AND INSPECTION; FEES.] (a) The 
 40.22  commissioner may enter and inspect a public or private place 
 40.23  that might harbor plant pests and may require that the owner 
 40.24  destroy or treat plant pests, plants, or other material.  
 40.25     (b) If the owner fails to properly comply with a directive 
 40.26  of the commissioner within a given period of time, the 
 40.27  commissioner may have any necessary work done at the owner's 
 40.28  expense.  If the owner does not reimburse the commissioner for 
 40.29  the expense within a time specified by the commissioner, the 
 40.30  expense is a charge upon the county as provided in subdivision 4.
 40.31     (c) If a dangerous plant pest infestation or infection 
 40.32  threatens plants of an area in the state, the commissioner may 
 40.33  take any measures necessary to eliminate or alleviate the danger.
 40.34     (d) The commissioner may collect fees required by this 
 40.35  chapter.  
 40.36     (e) The commissioner may issue and enforce a written or 
 41.1   printed "stop-sale" order to the owner or custodian of any 
 41.2   nursery stock if fees required by the nursery are not paid.  The 
 41.3   commissioner may not be held liable for the deterioration of 
 41.4   nursery stock during the period for which it is held pursuant to 
 41.5   a stop-sale order. 
 41.6      Subd. 3.  [QUARANTINES.] The commissioner may impose a 
 41.7   quarantine to restrict or prohibit the transportation of nursery 
 41.8   stock, plants, or other materials capable of carrying plant 
 41.9   pests into or through any part of the state. 
 41.10     Subd. 4.  [COLLECTION OF CHARGES FOR WORK DONE FOR 
 41.11  OWNER.] If the commissioner incurs an expense in conjunction 
 41.12  with carrying out subdivision 2 and is not reimbursed by the 
 41.13  owner of the land, the expense becomes a legal charge against 
 41.14  the county in which the land is located.  After the expense is 
 41.15  incurred, the commissioner shall file verified and itemized 
 41.16  statements of the cost of all service rendered with the county 
 41.17  auditor of the county in which the land is located, who shall 
 41.18  immediately issue proper warrants to the persons named, for the 
 41.19  amounts specified.  The amount of the expense is a lien in favor 
 41.20  of the county against the land involved, must be certified to by 
 41.21  the county auditor and entered on the auditor's tax books as a 
 41.22  tax upon the land, and must be collected as other real estate 
 41.23  taxes are collected.  The amounts collected must be used to 
 41.24  reimburse the county for its expenses under this subdivision. 
 41.25     Subd. 5.  [DELEGATION AUTHORITY.] The commissioner may, by 
 41.26  written agreements, delegate specific inspection, enforcement, 
 41.27  and other regulatory duties of this chapter to officials of 
 41.28  other agencies.  This delegation may only be made to a state 
 41.29  agency, a political subdivision, or a political subdivision's 
 41.30  agency that has signed a joint powers agreement with the 
 41.31  commissioner as provided in section 471.59. 
 41.32     Subd. 6.  [DISSEMINATION OF INFORMATION.] The commissioner 
 41.33  may disseminate information among growers relative to treatment 
 41.34  of nursery stock in both prevention and elimination of attack by 
 41.35  plant pests and diseases. 
 41.36     Subd. 7.  [OTHER DUTIES OF SERVICE.] The commissioner may 
 42.1   carry out other duties or responsibilities that are of service 
 42.2   to the industry or that may be necessary for the protection of 
 42.3   the industry. 
 42.4      Sec. 4.  [18H.04] [ADOPTION OF RULES.] 
 42.5      The commissioner may adopt rules to carry out the purposes 
 42.6   of this chapter.  The rules may include, but are not limited to, 
 42.7   rules in regard to labeling and the maintenance of viability and 
 42.8   vigor of nursery stock.  Rules of the commissioner that are in 
 42.9   effect on July 1, 2003, relating to plant protection, nursery 
 42.10  inspection, or the Plant Pest Act remain in effect until they 
 42.11  are superseded by new rules. 
 42.12     Sec. 5.  [18H.05] [NURSERY CERTIFICATE REQUIREMENTS.] 
 42.13     (a) No person may offer for sale or distribute nursery 
 42.14  stock as a nursery stock grower or dealer without first 
 42.15  obtaining the appropriate nursery stock certificate from the 
 42.16  commissioner.  Certificates are issued solely for these purposes 
 42.17  and may not be used for other purposes. 
 42.18     (b) A certificate issued by the commissioner expires on 
 42.19  December 31 of the year it is issued. 
 42.20     (c) A person required to be certified by this section must 
 42.21  apply for a certificate or for renewal on a form furnished by 
 42.22  the commissioner which must contain: 
 42.23     (1) the name and address of the applicant, the number of 
 42.24  locations to be operated by the applicant and their addresses, 
 42.25  and the assumed business name of the applicant; 
 42.26     (2) if other than an individual, a statement whether a 
 42.27  person is a partnership, corporation, or other organization; and 
 42.28     (3) the type of business to be operated and, if the 
 42.29  applicant is an agent, the principals the applicant represents. 
 42.30     (d) No person may:  
 42.31     (1) falsely claim to be a certified dealer, grower, broker, 
 42.32  or agent; or 
 42.33     (2) make willful false statements when applying for a 
 42.34  certificate. 
 42.35     (e) Each application for a certificate must be accompanied 
 42.36  by the appropriate certificate fee under section 18H.07. 
 43.1      (f) Certificates issued by the commissioner must be 
 43.2   prominently displayed to the public in the place of business 
 43.3   where nursery stock is sold or distributed. 
 43.4      (g) The commissioner may refuse to issue a certificate for 
 43.5   cause. 
 43.6      (h) Each grower or dealer is entitled to one sales location 
 43.7   under the certificate of the grower or dealer.  Each additional 
 43.8   sales location maintained by the person requires the payment of 
 43.9   the full certificate fee for each additional sales outlet. 
 43.10     (i) A grower who is also a dealer is certified only as a 
 43.11  grower for that specific site. 
 43.12     (j) A certificate is personal to the applicant and may not 
 43.13  be transferred.  A new certificate is necessary if the business 
 43.14  entity is changed or if the membership of a partnership is 
 43.15  changed, whether or not the business name is changed. 
 43.16     (k) The certificate issued to a dealer or grower applies to 
 43.17  the particular premises named in the certificate.  However, if 
 43.18  prior approval is obtained from the commissioner, the place of 
 43.19  business may be moved to the other premises or location without 
 43.20  an additional certificate fee. 
 43.21     (l) A collector of nursery stock from the wild is required 
 43.22  to obtain a dealer's certificate from the commissioner and is 
 43.23  subject to all the requirements that apply to the inspection of 
 43.24  nursery stock.  All collected nursery stock must be labeled as 
 43.25  "collected from the wild." 
 43.26     Sec. 6.  [18H.06] [EXEMPT NURSERY SALES.] 
 43.27     Subdivision 1.  [NOT-FOR-PROFIT SALES.] An organization or 
 43.28  individual may offer for sale certified nursery stock and be 
 43.29  exempt from the requirement to obtain a nursery stock dealer 
 43.30  certificate if sales are conducted by a nonprofit charitable, 
 43.31  educational, or religious organization that: 
 43.32     (1) conducts sales or distributions of certified nursery 
 43.33  stock on 14 or fewer days in a calendar year; and 
 43.34     (2) uses the proceeds from its certified nursery stock 
 43.35  sales or distribution for charitable, educational, or religious 
 43.36  purposes. 
 44.1      Subd. 2.  [HOBBYIST SALES.] (a) An organization or 
 44.2   individual may offer nursery stock for sale and be exempt from 
 44.3   the requirement to obtain a nursery stock dealer certificate if: 
 44.4      (1) the gross sales of all nursery stock in a calendar year 
 44.5   do not exceed $2,000; 
 44.6      (2) all nursery stock sold or distributed by the hobbyist 
 44.7   is intended for planting in Minnesota; and 
 44.8      (3) all nursery stock purchased or procured for resale or 
 44.9   distribution was grown in Minnesota and has been certified by 
 44.10  the commissioner. 
 44.11     (b) The commissioner may prescribe the conditions of the 
 44.12  exempt nursery sales under this subdivision and may conduct 
 44.13  routine inspections of the nursery stock offered for sale. 
 44.14     Sec. 7.  [18H.07] [FEE SCHEDULE.] 
 44.15     Subdivision 1.  [ESTABLISHMENT OF FEES.] The commissioner 
 44.16  shall establish fees sufficient to allow for the administration 
 44.17  and enforcement of this chapter and rules adopted under this 
 44.18  chapter, including the portion of general support costs and 
 44.19  statewide indirect costs of the agency attributable to that 
 44.20  function, with a reserve sufficient for up to six months.  The 
 44.21  commissioner shall review the fee schedule annually in 
 44.22  consultation with the Minnesota nursery and landscape advisory 
 44.23  committee.  For the certificate year beginning January 1, 2004, 
 44.24  the fees are as described in this section. 
 44.25     Subd. 2.  [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery 
 44.26  stock grower must pay an annual fee based on the area of all 
 44.27  acreage on which nursery stock is grown for certification as 
 44.28  follows: 
 44.29     (1) less than one-half acre, $150; 
 44.30     (2) from one-half acre to two acres, $200; 
 44.31     (3) over two acres up to five acres, $300; 
 44.32     (4) over five acres up to ten acres, $350; 
 44.33     (5) over ten acres up to 20 acres, $500; 
 44.34     (6) over 20 acres up to 40 acres, $650; 
 44.35     (7) over 40 acres up to 50 acres, $800; 
 44.36     (8) over 50 acres up to 200 acres, $1,100; 
 45.1      (9) over 200 acres up to 500 acres, $1,500; and 
 45.2      (10) over 500 acres, $1,500 plus $2 for each additional 
 45.3   acre. 
 45.4      (b) In addition to the fees in paragraph (a), a penalty of 
 45.5   ten percent of the fee due must be charged for each month that 
 45.6   the fee is delinquent for any application for renewal not 
 45.7   received by January 1 of the year following expiration of a 
 45.8   certificate. 
 45.9      Subd. 3.  [NURSERY STOCK DEALER CERTIFICATE.] (a) A nursery 
 45.10  stock dealer must pay an annual fee based on the dealer's gross 
 45.11  sales of nursery stock per location during the preceding 
 45.12  certificate year.  A certificate applicant operating for the 
 45.13  first time must pay the minimum fee.  The fees per sales 
 45.14  location are: 
 45.15     (1) gross sales up to $20,000, $150; 
 45.16     (2) gross sales over $20,000 up to $100,000, $175; 
 45.17     (3) gross sales over $100,000 up to $250,000, $300; 
 45.18     (4) gross sales over $250,000 up to $500,000, $425; 
 45.19     (5) gross sales over $500,000 up to $1,000,000, $550; 
 45.20     (6) gross sales over $1,000,000 up to $2,000,000, $675; and 
 45.21     (7) gross sales over $2,000,000, $800. 
 45.22     (b) In addition to the fees in paragraph (a), a penalty of 
 45.23  ten percent of the fee due must be charged for each month that 
 45.24  the fee is delinquent for any application for renewal not 
 45.25  received by January 1 of the year following expiration of a 
 45.26  certificate. 
 45.27     Subd. 4.  [REINSPECTION, ADDITIONAL OR OPTIONAL INSPECTION 
 45.28  FEES.] If a reinspection is required or an additional inspection 
 45.29  is needed or requested a fee must be assessed based on mileage 
 45.30  and inspection time as follows: 
 45.31     (1) mileage must be charged at the current United States 
 45.32  Internal Revenue Service reimbursement rate; and 
 45.33     (2) inspection time must be charged at the rate of $50 per 
 45.34  hour, including the driving time to and from the location in 
 45.35  addition to the time spent conducting the inspection. 
 45.36     Sec. 8.  [18H.08] [LOCAL SALES AND MISCELLANEOUS.] 
 46.1      Subdivision 1.  [SERVICES AND FEES.] The commissioner may 
 46.2   make small lot inspections or perform other necessary services 
 46.3   for which another charge is not specified.  For these services 
 46.4   the commissioner shall set a fee plus expenses that will recover 
 46.5   the cost of performing this service.  The commissioner may set 
 46.6   an additional acreage fee for inspection of seed production 
 46.7   fields for exporters in order to meet domestic and foreign plant 
 46.8   quarantine requirements. 
 46.9      Subd. 2.  [VIRUS DISEASE-FREE CERTIFICATION.] The 
 46.10  commissioner may provide special services such as virus 
 46.11  disease-free certification and other similar programs.  
 46.12  Participation by nursery stock growers is voluntary.  Plants 
 46.13  offered for sale as certified virus-free must be grown according 
 46.14  to certain procedures in a manner defined by the commissioner 
 46.15  for the purpose of eliminating viruses and other injurious 
 46.16  disease or insect pests.  The commissioner shall collect 
 46.17  reasonable fees from participating nursery stock growers for 
 46.18  services and materials that are necessary to conduct this type 
 46.19  of work.  
 46.20     Sec. 9.  [18H.09] [NURSERY INSPECTIONS REQUIRED.] 
 46.21     (a) All nursery stock growing sites in Minnesota must have 
 46.22  had an inspection by the commissioner during the previous 12 
 46.23  months and found apparently free from quarantine and regulated 
 46.24  nonquarantine pests as well as significantly dangerous or 
 46.25  potentially damaging plant pests.  All nursery stock originating 
 46.26  from out of state and offered for sale in Minnesota must have 
 46.27  been inspected by the appropriate state or federal agency during 
 46.28  the previous 12 months and found free from quarantine and 
 46.29  regulated nonquarantine pests as well as significantly dangerous 
 46.30  or potentially damaging plant pests.  A nursery stock 
 46.31  certificate is valid from January 1 to December 31. 
 46.32     (b) Nursery stock must be accessible to the commissioner 
 46.33  for inspection during regular business hours.  Weeds or other 
 46.34  growth that hinder a proper inspection are grounds to suspend or 
 46.35  withhold a certificate or require a reinspection. 
 46.36     (c) Inspection reports issued to growers must contain a 
 47.1   list of the plant pests found at the time of inspection.  
 47.2   Withdrawal-from-distribution orders are considered part of the 
 47.3   inspection reports.  A withdrawal-from-distribution order must 
 47.4   contain a list of plants withdrawn from distribution and the 
 47.5   location of the plants. 
 47.6      (d) The commissioner may post signs to delineate sections 
 47.7   withdrawn from distribution.  These signs must remain in place 
 47.8   until the commissioner removes them or grants written permission 
 47.9   to the grower to remove the signs. 
 47.10     (e) Inspection reports issued to dealers must outline the 
 47.11  violations involved and corrective actions to be taken including 
 47.12  withdrawal-from-distribution orders which would specify nursery 
 47.13  stock that could not be distributed from a certain area. 
 47.14     (f) Optional inspections of plants may be conducted by the 
 47.15  commissioner upon request by any persons desiring an 
 47.16  inspection.  A fee as provided in section 18H.07 must be charged 
 47.17  for such an inspection. 
 47.18     Sec. 10.  [18H.10] [STORAGE OF NURSERY STOCK.] 
 47.19     All nursery stock must be kept and displayed under 
 47.20  conditions of temperature, light, and moisture sufficient to 
 47.21  maintain the viability and vigor of the nursery stock. 
 47.22     Sec. 11.  [18H.11] [NURSERY STOCK STANDARDS.] 
 47.23     The American Standard for Nursery Stock, ANSI Z60.1, 
 47.24  published by the Nursery and Landscape Association, must be used 
 47.25  by the commissioner in determining standards and grades of 
 47.26  nursery stock when not in conflict with this chapter. 
 47.27     Sec. 12.  [18H.12] [DAMAGED, DISEASED, INFESTED, OR 
 47.28  MISREPRESENTED STOCK.] 
 47.29     (a) No person may knowingly offer to distribute, advertise, 
 47.30  or display nursery stock that is infested or infected with 
 47.31  quarantine or regulated nonquarantine pests or significant 
 47.32  dangerous or potentially damaging plant pests, including noxious 
 47.33  weeds or nursery stock that is in a dying condition, desiccated, 
 47.34  frozen or damaged by freezing, or materially damaged in any way. 
 47.35     (b) No person may knowingly offer to distribute, advertise, 
 47.36  or display nursery stock that may result in the capacity and 
 48.1   tendency or effect of deceiving any purchaser or prospective 
 48.2   purchaser as to the quantity, size, grade, kind, species name, 
 48.3   age, variety, maturity, condition, vigor, hardiness, number of 
 48.4   times transplanted, growth ability, growth characteristics, rate 
 48.5   of growth, time required before flowering or fruiting, price, 
 48.6   origin, place where grown, or any other material respect. 
 48.7      (c) Upon discovery or notification of damaged, diseased, 
 48.8   infested, or misrepresented stock, the commissioner may place a 
 48.9   stop-sale and distribution order on the material.  The order 
 48.10  makes it an illegal action to distribute, give away, destroy, 
 48.11  alter, or tamper with the plants. 
 48.12     (d) The commissioner may conspicuously mark all plants, 
 48.13  materials, and articles known or suspected to be infected or 
 48.14  infested with quarantine or regulated nonquarantine pests or 
 48.15  significant dangerous or potentially damaging plant pests.  The 
 48.16  commissioner shall notify the persons, owners, or the tenants in 
 48.17  possession of the premises or area in question of the existence 
 48.18  of the plant pests. 
 48.19     (e) If the commissioner determines that this chapter has 
 48.20  been violated, the commissioner may order that the nuisance, 
 48.21  infestation, infection, or plant pest be abated by whatever 
 48.22  means necessary, including, but not limited to, destruction, 
 48.23  confiscation, treatment, return shipment, or quarantine. 
 48.24     (f) The plant owner is liable for all costs associated with 
 48.25  a stop order or a quarantine, treatment, or destruction of 
 48.26  plants.  The commissioner is not liable for any actual or 
 48.27  incidental costs incurred by a person due to authorized actions 
 48.28  of the commissioner.  The commissioner must be reimbursed by the 
 48.29  owner of plants for actual expenses incurred by the commissioner 
 48.30  in carrying out a stop order. 
 48.31     Sec. 13.  [18H.13] [SHIPMENT OF NURSERY STOCK INTO 
 48.32  MINNESOTA.] 
 48.33     Subdivision 1.  [LABELING.] Plants, plant materials, or 
 48.34  nursery stock distributed into Minnesota must be conspicuously 
 48.35  labeled on the exterior with the name of the consignor, the 
 48.36  state of origin, and the name of the consignee and must be 
 49.1   accompanied by certification documents to satisfy all applicable 
 49.2   state and federal quarantines.  Proof of valid nursery 
 49.3   certification must also accompany the shipment.  It is the 
 49.4   shared responsibility of both the consignee and consignor to 
 49.5   examine all shipments for the presence of current and applicable 
 49.6   nursery stock certifications for all plant material from all 
 49.7   sources of stock in each shipment.  A person receiving a 
 49.8   shipment of nursery stock from a foreign country that has not 
 49.9   been inspected and released by the appropriate state or federal 
 49.10  agriculture official at the port of entry must notify the 
 49.11  commissioner of the arrival of the shipment, its contents, and 
 49.12  the name of the consignor.  The person must hold the shipment 
 49.13  unopened until inspected or released by the commissioner. 
 49.14     Subd. 2.  [RECIPROCITY.] A person residing outside the 
 49.15  state may distribute nursery stock in Minnesota if: 
 49.16     (1) the person is duly certified under the nursery laws of 
 49.17  the state where the nursery stock originates and the laws of 
 49.18  that state are essentially equivalent to the laws of Minnesota 
 49.19  as determined by the commissioner; and 
 49.20     (2) the person complies with this chapter and the rules 
 49.21  governing nursery stock distributed in Minnesota. 
 49.22     Subd. 3.  [RECIPROCAL AGREEMENTS.] The commissioner may 
 49.23  cooperate with and enter into reciprocal agreements with other 
 49.24  states regarding licensing and movement of nursery stock.  
 49.25  Reciprocal agreements with other states do not prevent the 
 49.26  commissioner from prohibiting the distribution in Minnesota of 
 49.27  any nursery stock that fails to meet minimum criteria for 
 49.28  nursery stock of Minnesota certified growers, dealers, or both.  
 49.29  An official directory of certified nurseries and related nursery 
 49.30  industry businesses from other states is acceptable in lieu of 
 49.31  individual nursery certificates. 
 49.32     Subd. 4.  [FOREIGN NURSERY STOCK.] A person receiving a 
 49.33  shipment of nursery stock from a foreign country that has not 
 49.34  been inspected and released by the United States Department of 
 49.35  Agriculture at the port of entry must notify the commissioner of 
 49.36  the arrival of the shipment, its contents, and the name of the 
 50.1   consignor.  The person must hold the shipment unopened until 
 50.2   inspected or released by the commissioner. 
 50.3      Subd. 5.  [TRANSPORTATION COMPANIES.] A person who acts as 
 50.4   the representative of a transportation company, private carrier, 
 50.5   commercial shipper, common carrier, express parcel carrier, or 
 50.6   other transportation entity, and receives, ships, or otherwise 
 50.7   distributes a carload, box, container, or any package of plants, 
 50.8   plant materials, or nursery stock, that does not have all 
 50.9   required certificates attached as required or fails to 
 50.10  immediately notify the commissioner is in violation of this 
 50.11  chapter. 
 50.12     Sec. 14.  [18H.14] [LABELING AND ADVERTISING OF NURSERY 
 50.13  STOCK.] 
 50.14     (a) Plants, plant materials, or nursery stock must not be 
 50.15  labeled or advertised with false or misleading information 
 50.16  including, but not limited to, scientific name, variety, place 
 50.17  of origin, hardiness zone as defined by the United States 
 50.18  Commissioner of Agriculture, and growth habit. 
 50.19     (b) A person may not offer for distribution plants, plant 
 50.20  materials, or nursery stock, represented by some specific or 
 50.21  special form of notation, including, but not limited to, "free 
 50.22  from" or "grown free of," unless the plants are produced under a 
 50.23  specific program approved by the commissioner to address the 
 50.24  specific plant properties addressed in the special notation 
 50.25  claim. 
 50.26     Sec. 15.  [18H.15] [VIOLATIONS.] 
 50.27     (a) A person who offers to distribute nursery stock that is 
 50.28  uncertified, uninspected, or falsely labeled or advertised 
 50.29  possesses an illegal regulated commodity that is considered 
 50.30  infested or infected with harmful plant pests and subject to 
 50.31  regulatory action and control.  If the commissioner determines 
 50.32  that the provisions of this section have been violated, the 
 50.33  commissioner may order the destruction of all of the plants 
 50.34  unless the person: 
 50.35     (1) provides proper phytosanitary preclearance, 
 50.36  phytosanitary certification, or nursery stock certification; 
 51.1      (2) agrees to have the plants, plant materials, or nursery 
 51.2   stock returned to the consignor; and 
 51.3      (3) provides proper documentation, certification, or 
 51.4   compliance to support advertising claims. 
 51.5      (b) The plant owner is liable for all costs associated with 
 51.6   a withdrawal-from-distribution order or the quarantine, 
 51.7   treatment, or destruction of plants.  The commissioner is not 
 51.8   liable for actual or incidental costs incurred by a person due 
 51.9   to the commissioner's actions.  The commissioner must be 
 51.10  reimbursed by the owner of the plants for the actual expenses 
 51.11  incurred in carrying out a withdrawal-from-distribution order or 
 51.12  the quarantine, treatment, or destruction of any plants. 
 51.13     (c) It is unlawful for a person to: 
 51.14     (1) misrepresent, falsify, or knowingly distribute, sell, 
 51.15  advertise, or display damaged, mislabeled, misrepresented, 
 51.16  infested, or infected nursery stock; 
 51.17     (2) fail to obtain a nursery certificate as required by the 
 51.18  commissioner; 
 51.19     (3) fail to renew a nursery certificate, but continue 
 51.20  business operations; 
 51.21     (4) fail to display a nursery certificate; 
 51.22     (5) misrepresent or falsify a nursery certificate; 
 51.23     (6) refuse to submit to a nursery inspection; 
 51.24     (7) fail to provide the cooperation necessary to conduct a 
 51.25  successful nursery inspection; 
 51.26     (8) offer for sale uncertified plants, plant materials, or 
 51.27  nursery stock; 
 51.28     (9) possess an illegal regulated commodity; 
 51.29     (10) violate or disobey a commissioner's order; 
 51.30     (11) violate a quarantine issued by the commissioner; 
 51.31     (12) fail to obtain phytosanitary certification for plant 
 51.32  material or nursery stock brought into Minnesota; 
 51.33     (13) fail to obtain applicable phytosanitary preclearance 
 51.34  for plant material or nursery stock brought into Minnesota; 
 51.35     (14) deface, mutilate, or destroy a nursery stock 
 51.36  certificate, phytosanitary certificate, or phytosanitary 
 52.1   preclearance certificate, or other commissioner mark, permit or 
 52.2   certificate; 
 52.3      (15) fail to notify the commissioner of an uncertified 
 52.4   shipment of plants, plant materials, or nursery stock; or 
 52.5      (16) transport uncertified plants, plant materials, or 
 52.6   nursery stock in Minnesota. 
 52.7      Sec. 16.  [18H.16] [POLITICAL SUBDIVISION ORDINANCES AND 
 52.8   RECIPROCAL AGREEMENTS.] 
 52.9      Subdivision 1.  [POLITICAL SUBDIVISION ORDINANCES.] A 
 52.10  political subdivision must not enact an ordinance or resolution 
 52.11  that conflicts with this chapter. 
 52.12     Subd. 2.  [RECIPROCAL AGREEMENTS.] The commissioner may 
 52.13  cooperate with and enter into reciprocal agreements with other 
 52.14  states regarding licensing, certification, and movement of 
 52.15  nursery stock.  Reciprocal agreements with other states do not 
 52.16  prevent the commissioner from prohibiting the distribution in 
 52.17  Minnesota of nursery stock that fails to meet the minimum 
 52.18  criteria for nursery stock of commissioner certified growers, 
 52.19  dealers, or both.  An official directory of certified nurseries 
 52.20  and related nursery industry businesses from other states is 
 52.21  acceptable in lieu of individual nursery licenses and 
 52.22  certificates. 
 52.23     Sec. 17.  [18H.17] [DISPOSITION AND USE OF MONEY RECEIVED.] 
 52.24     A Minnesota nursery program account is established in the 
 52.25  agricultural fund in the state treasury.  All payments and 
 52.26  penalties received for administration or enforcement of this 
 52.27  chapter must be deposited in the Minnesota nursery program 
 52.28  account, including interest earned on the account.  Money in the 
 52.29  account is annually appropriated to the commissioner to 
 52.30  administer and enforce this chapter. 
 52.31     Sec. 18.  [18H.18] [CONSERVATION OF CERTAIN WILDFLOWERS.] 
 52.32     Subdivision 1.  [RESTRICTIONS ON COLLECTING.] No person 
 52.33  shall distribute the state flower (Cypripedium reginae), or any 
 52.34  species of lady slipper (Cypripedieae), any member of the orchid 
 52.35  family, any species of trillium, or lotus (Nelumbo lutea), which 
 52.36  have been collected in any manner from any public or private 
 53.1   property without the written permission of the property owner 
 53.2   and written authorization from the commissioner. 
 53.3      Subd. 2.  [COLLECTION WITHOUT SALE.] Wildflower collection 
 53.4   from public or private land for the purpose of transplanting the 
 53.5   plants to a person's private property and not offering for 
 53.6   immediate sale, requires the written permission from the 
 53.7   property owner of the land on which the wildflowers are growing. 
 53.8      Subd. 3.  [COLLECTION WITH INTENT TO SELL OR DISTRIBUTE 
 53.9   WILDFLOWERS.] (a) The wildflowers listed in this section may be 
 53.10  offered for immediate sale only if the plants are to be used for 
 53.11  scientific or herbarium purposes. 
 53.12     (b) The wildflowers listed in this section must not be 
 53.13  collected and sold commercially unless the plants are: 
 53.14     (1) growing naturally, collected, and cultivated on the 
 53.15  collector's property; or 
 53.16     (2) collected through the process described in subdivision 
 53.17  2 and transplanted and cultivated on the collector's property. 
 53.18     (c) The collector must obtain a written permit from the 
 53.19  commissioner before the plants may be offered for commercial 
 53.20  sale. 
 53.21                             ARTICLE 3 
 53.22                              SEED LAW 
 53.23     Section 1.  Minnesota Statutes 2002, section 21.81, is 
 53.24  amended by adding a subdivision to read: 
 53.25     Subd. 7a.  [DORMANT.] "Dormant" means viable seed, 
 53.26  exclusive of hard seed, that fail to germinate under the 
 53.27  specified germination conditions for the kind of seed. 
 53.28     Sec. 2.  Minnesota Statutes 2002, section 21.81, 
 53.29  subdivision 8, is amended to read: 
 53.30     Subd. 8.  [FLOWER SEEDS.] "Flower seeds" includes seeds of 
 53.31  herbaceous plants grown for their blooms, ornamental foliage, or 
 53.32  other ornamental parts and commonly known and sold under the 
 53.33  name of flower seeds in this state.  This does not include 
 53.34  native or introduced wildflowers. 
 53.35     Sec. 3.  Minnesota Statutes 2002, section 21.81, is amended 
 53.36  by adding a subdivision to read: 
 54.1      Subd. 10a.  [HARD SEED.] "Hard seed" means seeds that 
 54.2   remain hard at the end of the prescribed test period because 
 54.3   they have not absorbed water due to an impermeable seed coat. 
 54.4      Sec. 4.  Minnesota Statutes 2002, section 21.81, is amended 
 54.5   by adding a subdivision to read: 
 54.6      Subd. 11a.  [INERT MATTER.] "Inert matter" means all matter 
 54.7   that is not seed, including broken seeds, sterile florets, 
 54.8   chaff, fungus bodies, and stones as determined by methods 
 54.9   defined by rule. 
 54.10     Sec. 5.  Minnesota Statutes 2002, section 21.81, is amended 
 54.11  by adding a subdivision to read: 
 54.12     Subd. 12a.  [INTRODUCED WILDFLOWER.] "Introduced wildflower"
 54.13  means a kind, type, or variety of wildflower derived from 
 54.14  wildflowers that are not indigenous to North America. 
 54.15     Sec. 6.  Minnesota Statutes 2002, section 21.81, is amended 
 54.16  by adding a subdivision to read: 
 54.17     Subd. 16a.  [NATIVE WILDFLOWER.] "Native wildflower" means 
 54.18  a kind, type, or variety of wildflower derived from wildflowers 
 54.19  that are indigenous to North America. 
 54.20     Sec. 7.  Minnesota Statutes 2002, section 21.81, is amended 
 54.21  by adding a subdivision to read: 
 54.22     Subd. 17a.  [OFF-TYPE.] "Off-type" means a seed or plant 
 54.23  that is not a part of the variety in that it deviates in one or 
 54.24  more characteristics from the variety as described, and may 
 54.25  include a seed or plant of another variety, a seed or plant not 
 54.26  necessarily any variety, a seed or plant resulting from 
 54.27  cross-pollination by another kind of variety, a seed or plant 
 54.28  resulting from uncontrolled pollination during production of 
 54.29  hybrid seed, or segregates from any of those categories. 
 54.30     Sec. 8.  Minnesota Statutes 2002, section 21.81, is amended 
 54.31  by adding a subdivision to read: 
 54.32     Subd. 17b.  [ORIGIN.] "Origin," for an indigenous stand of 
 54.33  trees, means the area on which the trees are growing and, for a 
 54.34  nonindigenous stand, the place from which the seed or plants 
 54.35  were originally introduced.  "Origin" for agricultural and 
 54.36  vegetable seed is the area where the seed was produced and for 
 55.1   native grasses and forbs it is the area where the original seed 
 55.2   was harvested. 
 55.3      Sec. 9.  Minnesota Statutes 2002, section 21.81, is amended 
 55.4   by adding a subdivision to read: 
 55.5      Subd. 17c.  [OTHER CROP SEED.] "Other crop seed" means seed 
 55.6   of plants grown as crops, other than the kind of variety 
 55.7   included in the pure seed, as determined by methods defined by 
 55.8   rule. 
 55.9      Sec. 10.  Minnesota Statutes 2002, section 21.81, is 
 55.10  amended by adding a subdivision to read: 
 55.11     Subd. 17d.  [PERSON.] "Person" means an individual, firm, 
 55.12  corporation, partnership, association, trust, joint stock 
 55.13  company, or unincorporated organization, the state, a state 
 55.14  agency, or a political subdivision. 
 55.15     Sec. 11.  Minnesota Statutes 2002, section 21.81, is 
 55.16  amended by adding a subdivision to read: 
 55.17     Subd. 31a.  [VARIANT.] "Variant" means a seed or plant that:
 55.18     (1) is distinct within the variety but occurs naturally in 
 55.19  the variety; 
 55.20     (2) is stable and predictable with a degree of reliability 
 55.21  comparable to other varieties of the same kind, within 
 55.22  recognized tolerances, when the variety is reproduced or 
 55.23  reconstituted; and 
 55.24     (3) was originally a part of the variety as released. 
 55.25  A variant is not an off-type. 
 55.26     Sec. 12.  Minnesota Statutes 2002, section 21.82, is 
 55.27  amended to read: 
 55.28     21.82 [LABEL REQUIREMENTS; AGRICULTURAL, VEGETABLE, OR 
 55.29  FLOWER, OR WILDFLOWER SEEDS.] 
 55.30     Subdivision 1.  [FORM.] Each container of agricultural, 
 55.31  vegetable, or flower, or wildflower seed which is offered for 
 55.32  sale for sowing purposes shall must bear or have attached in a 
 55.33  conspicuous place a plainly written or printed label or tag in 
 55.34  the English language giving the information required by this 
 55.35  section.  This statement shall must not be modified or denied in 
 55.36  the labeling or on another label attached to the container.  
 56.1      Subd. 2.  [CONTENT.] For agricultural, vegetable, or 
 56.2   flower, or wildflower seeds offered for sale as agricultural 
 56.3   seed, except as otherwise provided in subdivisions 4, 5, and 
 56.4   6, 7 and 8, the label shall must contain:  
 56.5      (a) The name of the kind or kind and variety for each 
 56.6   agricultural or vegetable seed component in excess of five 
 56.7   percent of the whole and the percentage by weight of each in 
 56.8   order of its predominance.  The commissioner shall by rule 
 56.9   designate the kinds that are required to be labeled as to 
 56.10  variety.  If the variety of those kinds generally labeled as to 
 56.11  variety is not stated and it is not required to be stated, the 
 56.12  label shall show the name of the kind and the words:  "Variety 
 56.13  not stated."  The heading "pure seed" must be indicated on the 
 56.14  seed label in close association with other required label 
 56.15  information.  
 56.16     (1) The percentage that is hybrid shall be at least 95 
 56.17  percent of the percentage of pure seed shown unless the 
 56.18  percentage of pure seed which is hybrid seed is shown 
 56.19  separately.  If two or more kinds or varieties are present in 
 56.20  excess of five percent and are named on the label, each that is 
 56.21  hybrid shall be designated as hybrid on the label.  Any one kind 
 56.22  or kind and variety that has pure seed which is less than 95 
 56.23  percent but more than 75 percent hybrid seed as a result of 
 56.24  incompletely controlled pollination in a cross shall be labeled 
 56.25  to show the percentage of pure seed that is hybrid seed or a 
 56.26  statement such as "contains from 75 percent to 95 percent hybrid 
 56.27  seed."  No one kind or variety of seed shall be labeled as 
 56.28  hybrid if the pure seed contains less than 75 percent hybrid 
 56.29  seed.  The word hybrid shall be shown on the label in 
 56.30  conjunction with the kind.  
 56.31     (2) Blends shall be listed on the label using the term 
 56.32  "blend" in conjunction with the kind.  
 56.33     (3) Mixtures shall be listed on the label using the term 
 56.34  "mixture," "mix," or "mixed."  
 56.35     (b) Lot number or other lot identification.  
 56.36     (c) Origin, if known, or that the origin is unknown.  
 57.1      (d) Percentage by weight of all weed seeds present in 
 57.2   agricultural, vegetable, or flower seed.  This percentage may 
 57.3   not exceed one percent.  If weed seeds are not present in 
 57.4   vegetable or flower seeds, The heading "weed seeds seed" may be 
 57.5   omitted from the label must be indicated on the seed label in 
 57.6   close association with other required label information.  
 57.7      (e) Name and rate of occurrence per pound of each kind of 
 57.8   restricted noxious weed seeds present.  They shall must be 
 57.9   listed under the heading "noxious weed seeds."  If noxious weed 
 57.10  seeds are not present in vegetable or flower seeds, the heading 
 57.11  "noxious weed seeds" may be omitted from the label in close 
 57.12  association with other required label information.  
 57.13     (f) Percentage by weight of agricultural, vegetable, or 
 57.14  flower seeds other than those kinds and varieties required to be 
 57.15  named on the label.  They shall must be listed under the heading 
 57.16  "other crop."  If "other crop" seeds are not present in 
 57.17  vegetable or flower seeds, the heading "other crop" may be 
 57.18  omitted from the label in close association with other required 
 57.19  label information.  
 57.20     (g) Percentage by weight of inert matter.  The heading 
 57.21  "inert matter" must be indicated on the seed label in close 
 57.22  association with other required label information.  
 57.23     (h) Net weight of contents, to appear on either the 
 57.24  container or the label, except that in the case of vegetable or 
 57.25  flower seed containers with contents of 200 seeds or less, a 
 57.26  statement indicating the number of seeds in the container may be 
 57.27  listed along with or in lieu of the net weight of contents.  
 57.28     (i) For each named agricultural or vegetable kind or 
 57.29  variety of seed:  
 57.30     (1) percentage of germination, exclusive of hard or dormant 
 57.31  seed or both; 
 57.32     (2) percentage of hard or dormant seed or both, if present; 
 57.33  and 
 57.34     (3) the calendar month and year the percentages were 
 57.35  determined by test or the statement "Sell by (month and year)" 
 57.36  which may not be more than 12 months from the date of test, 
 58.1   exclusive of the month of test.  
 58.2   The headings for "germination" and "hard seed or dormant seed" 
 58.3   percentages must be stated separately on the seed label.  A 
 58.4   separate percentage derived from combining these percentages may 
 58.5   also be stated on the seed label, but the heading for this 
 58.6   percentage must be "total germination and hard seed or dormant 
 58.7   seed when applicable."  They must not be stated as "total live 
 58.8   seed," "total germination," or in any other unauthorized manner. 
 58.9      (j) Name and address of the person who labeled the seed or 
 58.10  who sells the seed within this state, or a code number which has 
 58.11  been registered with the commissioner.  
 58.12     Subd. 3.  [TREATED SEED.] For all named agricultural, 
 58.13  vegetable, or flower, or wildflower seeds which are treated, for 
 58.14  which a separate label may be used, the label shall must contain:
 58.15     (a) (1) a word or statement to indicate that the seed has 
 58.16  been treated; 
 58.17     (b) (2) the commonly accepted, coined, chemical, or 
 58.18  abbreviated generic chemical name of the applied substance; 
 58.19     (c) (3) the caution statement "Do not use for food, feed, 
 58.20  or oil purposes" if the substance in the amount present with the 
 58.21  seed is harmful to human or other vertebrate animals; 
 58.22     (d) (4) in the case of mercurials or similarly toxic 
 58.23  substances, a poison statement and symbol; 
 58.24     (e) (5) a word or statement describing the process used 
 58.25  when the treatment is not of pesticide origin; and 
 58.26     (f) (6) the date beyond which the inoculant is considered 
 58.27  ineffective if the seed is treated with an inoculant.  It shall 
 58.28  must be listed on the label as "inoculant:  expires (month and 
 58.29  year)" or wording that conveys the same meaning.  
 58.30     Subd. 4.  [HYBRID SEED CORN.] For hybrid seed corn purposes 
 58.31  a label shall must contain:  
 58.32     (a) (1) a statement indicating the number of seeds in the 
 58.33  container may be listed along with or in lieu of the net weight 
 58.34  of contents; and 
 58.35     (b) (2) for each variety of hybrid seed field corn, the day 
 58.36  classification as determined by the originator or owner.  The 
 59.1   day classification shall must approximate the number of days of 
 59.2   growing season necessary from emergence of the corn plant above 
 59.3   ground to relative maturity and shall conform to the day 
 59.4   classification established by the director of the Minnesota 
 59.5   agricultural experiment station for the appropriate zone.  
 59.6      Subd. 5.  [GRASS SEED.] For grass seed and mixtures of 
 59.7   grass seeds intended for lawn and turf purposes, the 
 59.8   requirements in clauses paragraphs (a) to (c) and (b) must be 
 59.9   met.  
 59.10     (a) The label shall must contain the percentage by weight 
 59.11  of inert matter, up to ten percent by weight except for those 
 59.12  kinds specified by rule.  The percentage by weight of foreign 
 59.13  material not common to grass seed must be listed as a separate 
 59.14  item in close association with the inert matter 
 59.15  percentage statement "Sell by (month and year listed here)" 
 59.16  which may be no more than 15 months from the date of test, 
 59.17  exclusive of the month of test.  
 59.18     (b) If the seed contains no "other crop" seed, the 
 59.19  following statement may be used and may be flagged:  "contains 
 59.20  no other crop seed."  
 59.21     (c) When grass seeds are sold outside their original 
 59.22  containers, the labeling requirements are met if the seed is 
 59.23  weighed from a properly labeled container in the presence of the 
 59.24  purchaser.  
 59.25     Subd. 6.  [COATED AGRICULTURAL SEEDS.] For coated 
 59.26  agricultural seeds the label shall must contain:  
 59.27     (a) (1) percentage by weight of pure seeds with coating 
 59.28  material removed; 
 59.29     (b) (2) percentage by weight of coating material shown as a 
 59.30  separate item in close association with the percentage of inert 
 59.31  matter; and 
 59.32     (c) (3) percentage of germination determined on 400 pellets 
 59.33  with or without seeds.  
 59.34     Subd. 7.  [VEGETABLE SEEDS.] For vegetable seeds prepared 
 59.35  for use in home gardens or household plantings the requirements 
 59.36  in clauses paragraphs (a) to (d) (p) apply.  The origin may be 
 60.1   omitted from the label.  Vegetable seeds packed for sale in 
 60.2   commercial quantities to farmers, conservation groups, and other 
 60.3   similar entities are considered agricultural seeds and must be 
 60.4   labeled accordingly.  
 60.5      (a) The label shall must contain the following: name of the 
 60.6   kind or kind and variety for each seed component in excess of 
 60.7   five percent of the whole and the percentage by weight of each 
 60.8   in order of its predominance.  If the variety of those kinds 
 60.9   generally labeled as to variety is not stated and it is not 
 60.10  required to be stated, the label must show the name of the kind 
 60.11  and the words "Variety not stated." 
 60.12     (b) The percentage that is hybrid must be at least 95 
 60.13  percent of the percentage of pure seed shown unless the 
 60.14  percentage of pure seed which is hybrid seed is shown 
 60.15  separately.  If two or more kinds of varieties are present in 
 60.16  excess of five percent and are named on the label, each that is 
 60.17  hybrid must be designated as hybrid on the label.  Any one kind 
 60.18  or kind and variety that has pure seed that is less than 95 
 60.19  percent but more than 75 percent hybrid seed as a result of 
 60.20  incompletely controlled pollination in a cross must be labeled 
 60.21  to show the percentage of pure seed that is hybrid seed or a 
 60.22  statement such as "contains from 75 percent to 95 percent hybrid 
 60.23  seed."  No one kind or variety of seed may be labeled as hybrid 
 60.24  if the pure seed contains less than 75 percent hybrid seed.  The 
 60.25  word "hybrid" must be shown on the label in conjunction with the 
 60.26  kind. 
 60.27     (c) Blends must be listed on the label using the term 
 60.28  "blend" in conjunction with the kind. 
 60.29     (d) Mixtures shall be listed on the label using the term 
 60.30  "mixture," "mix," or "mixed." 
 60.31     (e) The label must show a lot number or other lot 
 60.32  identification. 
 60.33     (f) The origin may be omitted from the label.  
 60.34     (1) (g) The label must show the year for which the seed was 
 60.35  packed for sale listed as "packed for (year)," or for seed with 
 60.36  a percentage of germination that exceeds the standard last 
 61.1   established by the commissioner, the percentage of germination 
 61.2   and the calendar month and year that the percentages were 
 61.3   determined by test; and, or the calendar month and year the 
 61.4   germination test was completed and the statement "Sell by (month 
 61.5   and year listed here)," which may be no more than 12 months from 
 61.6   the date of test, exclusive of the month of test. 
 61.7      (2) (h) For vegetable seeds which germinate less than the 
 61.8   standard last established by the commissioner, the label must 
 61.9   show:  
 61.10     (i) (1) a percentage of germination, exclusive of hard or 
 61.11  dormant seed or both; 
 61.12     (ii) (2) a percentage of hard or dormant seed or both, if 
 61.13  present; and 
 61.14     (iii) (3) the words "below standard" in not less than eight 
 61.15  point type and the month and year the percentages were 
 61.16  determined by test. 
 61.17     (i) The net weight of the contents must appear on either 
 61.18  the container or the label, except that for containers with 
 61.19  contents of 200 seeds or less a statement indicating the number 
 61.20  of seeds in the container may be listed along with or in lieu of 
 61.21  the net weight of contents.  
 61.22     (b) (j) The heading for and percentage by weight of pure 
 61.23  seed may be omitted from a label if the total is more than 90 
 61.24  percent. 
 61.25     (k) The heading for and percentage by weight of weed seed 
 61.26  may be omitted from a label if they are not present in the seed. 
 61.27     (l) The heading "noxious weed seeds" may be omitted from a 
 61.28  label if they are not present in the seed. 
 61.29     (m) The heading for and percentage by weight of other crop 
 61.30  seed may be omitted from a label if it is less than five percent.
 61.31     (c) (n) The heading for and percentage by weight of inert 
 61.32  matter may be omitted from a label if it is less than ten 
 61.33  percent. 
 61.34     (o) The label must contain the name and address of the 
 61.35  person who labeled the seed or who sells the seed in this state 
 61.36  or a code number that has been registered with the commissioner. 
 62.1      (d) (p) The labeling requirements for vegetable seeds 
 62.2   prepared for use in home gardens or household plantings when 
 62.3   sold outside their original containers are met if the seed is 
 62.4   weighed from a properly labeled container in the presence of the 
 62.5   purchaser.  
 62.6      Subd. 8.  [FLOWER SEEDS.] (a) All flower seed labels shall 
 62.7   contain: For flower and wildflower seeds prepared for use in 
 62.8   home gardens or household plantings, the requirements in 
 62.9   paragraphs (a) to (l) apply.  Flower and wildflower seeds packed 
 62.10  for sale in commercial quantities to farmers, conservation 
 62.11  groups, and other similar entities are considered agricultural 
 62.12  seeds and must be labeled accordingly.  
 62.13     (1) (a) The label must contain the name of the kind and 
 62.14  variety or a statement of type and performance characteristics 
 62.15  as prescribed by rules; rule. 
 62.16     (b) The percentage that is hybrid must be at least 95 
 62.17  percent of the percentage of pure seed shown unless the 
 62.18  percentage of pure seed which is hybrid seed is shown 
 62.19  separately.  If two or more kinds of varieties are present in 
 62.20  excess of five percent and are named on the label, each that is 
 62.21  hybrid must be designated as hybrid on the label.  Any one kind 
 62.22  or kind and variety that has pure seed that is less than 95 
 62.23  percent but more than 75 percent hybrid seed as a result of 
 62.24  incompletely controlled pollination in a cross must be labeled 
 62.25  to show the percentage of pure seed that is hybrid seed or a 
 62.26  statement such as "contains from 75 percent to 95 percent hybrid 
 62.27  seed."  No one kind or variety of seed may be labeled as hybrid 
 62.28  if the pure seed contains less than 75 percent hybrid seed.  The 
 62.29  word "hybrid" must be shown on the label in conjunction with the 
 62.30  kind. 
 62.31     (c) Blends must be listed on the label using the term 
 62.32  "blend" in conjunction with the kind. 
 62.33     (d) Mixtures must be listed on the label using the term 
 62.34  "mixture," "mix," or "mixed." 
 62.35     (e) The label must contain the lot number or other lot 
 62.36  identification. 
 63.1      (f) The origin may be omitted from the label. 
 63.2      (2) (g) The label must contain the year for which the seed 
 63.3   was packed for sale listed as "packed for (year)," or for seed 
 63.4   with a percentage of germination that exceeds the standard last 
 63.5   established by the commissioner, the percentage of germination 
 63.6   and the calendar month and year that the percentage was 
 63.7   percentages were determined by test; and, or the calendar month 
 63.8   and year the germination test was completed and the statement 
 63.9   "sell by (month and year listed here)," which may be no more 
 63.10  than 12 months from the date of test, exclusive of the month of 
 63.11  test. 
 63.12     (3) (h) For flower seeds which germinate less than the 
 63.13  standard last established by the commissioner, the label must 
 63.14  show:  
 63.15     (i) the (1) percentage of germination exclusive of hard or 
 63.16  dormant seed or both; and 
 63.17     (ii) (2) percentage of hard or dormant seed or both, if 
 63.18  present; and 
 63.19     (3) the words "below standard" in not less than eight point 
 63.20  type and the month and year this percentage was determined by 
 63.21  test.  
 63.22     (b) The origin may be omitted from the label. 
 63.23     (i) The label must show the net weight of contents on 
 63.24  either the container or the label, except that for containers 
 63.25  with contents of 200 seeds or less a statement indicating the 
 63.26  number of seeds in the container may be listed along with or in 
 63.27  lieu of the net weight of contents. 
 63.28     (c) (j) The heading for and percentage by weight of pure 
 63.29  seed may be omitted from a label if the total is more than 90 
 63.30  percent. 
 63.31     (k) The heading for and percentage by weight of weed seed 
 63.32  may be omitted from a label if they are not present in the seed. 
 63.33     (l) The heading "noxious weed seeds" may be omitted from a 
 63.34  label if they are not present in the seed. 
 63.35     (m) The heading for and percentage by weight of other crop 
 63.36  seed may be omitted from a label if it is less than five percent.
 64.1      (d) (n) The heading for and percentage by weight of inert 
 64.2   matter may be omitted from a label if it is less than ten 
 64.3   percent. 
 64.4      (o) The label must show the name and address of the person 
 64.5   who labeled the seed or who sells the seed within this state, or 
 64.6   a code number which has been registered with the commissioner.  
 64.7      Sec. 13.  Minnesota Statutes 2002, section 21.83, 
 64.8   subdivision 2, is amended to read: 
 64.9      Subd. 2.  [LABEL CONTENT.] For all tree or shrub seed 
 64.10  subject to this section the label shall contain:  
 64.11     (a) the common name of the species, and the subspecies if 
 64.12  appropriate; 
 64.13     (b) the scientific name of the genus and species, and the 
 64.14  subspecies if appropriate; 
 64.15     (c) the lot number or other lot identification; 
 64.16     (d) for seed collected from a predominantly indigenous 
 64.17  stand, the area of collection given by latitude and longitude, 
 64.18  or geographic description, or political subdivision such as 
 64.19  state or county; 
 64.20     (e) for seed collected from a predominantly nonindigenous 
 64.21  stand, the identity of the area of collection and the origin of 
 64.22  the stand or the words "origin not indigenous"; 
 64.23     (f) the elevation or the upper and lower limits of 
 64.24  elevation within which the seed was collected; 
 64.25     (g) the percentage of pure seed by weight; 
 64.26     (h) for those kinds of seed for which standard testing 
 64.27  procedures are prescribed:  
 64.28     (1) the percentage of germination exclusive of hard or 
 64.29  dormant seed; 
 64.30     (2) the percentage of hard or dormant seed, if present; and 
 64.31     (3) the calendar month and year the percentages were 
 64.32  determined by test; or 
 64.33     (4) in lieu of the requirements of clauses (1) to (3), the 
 64.34  seed may be labeled "test is in progress, results will be 
 64.35  supplied upon request"; 
 64.36     (i) for those species for which standard germination 
 65.1   testing procedures have not been prescribed by the commissioner, 
 65.2   the calendar year in which the seed was collected; and 
 65.3      (j) the name and address of the person who labeled the seed 
 65.4   or who sells the seed within this state.  
 65.5      Sec. 14.  Minnesota Statutes 2002, section 21.84, is 
 65.6   amended to read: 
 65.7      21.84 [RECORDS.] 
 65.8      Each person whose name appears on the label of 
 65.9   agricultural, vegetable, flower, wildflower, tree, or shrub 
 65.10  seeds subject to section 21.82 or 21.83 shall keep for three 
 65.11  years complete records of each lot of agricultural, vegetable, 
 65.12  flower, wildflower, tree, or shrub seed sold in this state and 
 65.13  shall keep for one year a file sample of each lot of seed after 
 65.14  disposition of the lot.  In addition, the grower shall have as a 
 65.15  part of the record a "genuine grower's declaration" or a "tree 
 65.16  seed collector's declaration."  
 65.17     Sec. 15.  Minnesota Statutes 2002, section 21.85, 
 65.18  subdivision 11, is amended to read: 
 65.19     Subd. 11.  [RULES.] The commissioner may make necessary 
 65.20  rules for the proper enforcement of sections 21.80 to 
 65.21  21.92 adopt rules under this chapter.  Existing rules shall 
 65.22  remain in effect unless permanent rules are made that supersede 
 65.23  them.  A violation of the rules is a violation of this chapter. 
 65.24     Sec. 16.  Minnesota Statutes 2002, section 21.85, 
 65.25  subdivision 13, is amended to read: 
 65.26     Subd. 13.  [SAMPLING EXPORT SEED.] The commissioner may 
 65.27  sample agricultural, vegetable, flower, wildflower, tree, or 
 65.28  shrub seeds which are destined for export to other countries, 
 65.29  and may establish and collect suitable fees from the exporter 
 65.30  for this service.  
 65.31     Sec. 17.  Minnesota Statutes 2002, section 21.86, is 
 65.32  amended to read: 
 65.33     21.86 [UNLAWFUL ACTS.] 
 65.34     Subdivision 1.  [PROHIBITIONS.] A person may not advertise 
 65.35  or sell any agricultural, vegetable, flower, or wildflower, tree 
 65.36  and, or shrub seed if:  
 66.1      (a) except as provided in clauses (1) to (3) (4), a test to 
 66.2   determine the percentage of germination required by sections 
 66.3   21.82 and 21.83 has not been completed within a nine-month 
 66.4   12-month period, exclusive of the calendar month in which the 
 66.5   test was completed or it is offered for sale beyond the sell by 
 66.6   date exclusive of the calendar month in which the seed was to 
 66.7   have been sold.  
 66.8      (1) when advertised or offered for sale as agricultural 
 66.9   seed, native grass and forb (wildflowers) seeds must have been 
 66.10  tested for percentage of germination as required by section 
 66.11  21.82 within a 14-month 15-month period, exclusive of the 
 66.12  calendar month in which the test was completed.; 
 66.13     (2) it is unlawful to offer cool season lawn and turf 
 66.14  grasses including Kentucky bluegrass, red fescue, chewings 
 66.15  fescue, hard fescue, tall fescue, perennial ryegrass, 
 66.16  intermediate ryegrass, annual ryegrass, colonial bent grass, 
 66.17  creeping bent grass, and mixtures or blends of those grasses, 
 66.18  for sale beyond the sell by date exclusive of the calendar month 
 66.19  in which the seed was to have been sold; 
 66.20     (3) this prohibition does not apply to tree, shrub, 
 66.21  agricultural, flower, wildflower, or vegetable seeds packaged in 
 66.22  hermetically sealed containers.  Seeds packaged in hermetically 
 66.23  sealed containers under the conditions defined by rule may be 
 66.24  offered for sale for a period of 36 months after the last day of 
 66.25  the month that the seeds were tested for germination prior to 
 66.26  packaging.; 
 66.27     (3) (4) if seeds in hermetically sealed containers are 
 66.28  offered for sale more than 36 months after the last day of the 
 66.29  month in which they were tested prior to packaging, they must be 
 66.30  retested within a nine-month period, exclusive of the calendar 
 66.31  month in which the retest was completed; 
 66.32     (b) it is not labeled in accordance with sections 21.82 and 
 66.33  21.83 or has false or misleading labeling; 
 66.34     (c) false or misleading advertisement has been used in 
 66.35  respect to its sale; 
 66.36     (d) it contains prohibited noxious weed seeds; 
 67.1      (e) it consists of or contains restricted noxious weed 
 67.2   seeds in excess of 25 seeds per pound or in excess of the number 
 67.3   declared on the label attached to the container of the seed or 
 67.4   associated with the seed; 
 67.5      (f) it contains more than one percent by weight of all weed 
 67.6   seeds; 
 67.7      (g) it contains less than the stated net weight of 
 67.8   contents; 
 67.9      (h) it contains less than the stated number of seeds in the 
 67.10  container; 
 67.11     (i) it contains any labeling, advertising, or other 
 67.12  representation subject to sections 21.82 and 21.83 representing 
 67.13  the seed to be certified unless:  
 67.14     (1) it has been determined by a seed certifying agency that 
 67.15  the seed conformed to standards of purity and identity as to 
 67.16  kind, species, subspecies, or variety, and also that tree seed 
 67.17  was found to be of the origin and elevation claimed, in 
 67.18  compliance with the rules pertaining to the seed; and 
 67.19     (2) the seed bears an official label issued for it by a 
 67.20  seed certifying agency stating that the seed is of a certified 
 67.21  class and a specified kind, species, subspecies, or variety; 
 67.22     (j) it is labeled with a variety name but not certified by 
 67.23  an official seed certifying agency when it is a variety for 
 67.24  which a United States certificate of plant variety protection 
 67.25  has been granted under United States Code, title 7, sections 
 67.26  2481 to 2486, specifying sale by variety name only as a class of 
 67.27  certified seed.  Seed from a certified lot may be labeled as to 
 67.28  variety name when used in a blend or mixture by or with approval 
 67.29  of the owner of the variety; or 
 67.30     (k) the person whose name appears on the label does not 
 67.31  have complete records including a file sample of each lot of 
 67.32  agricultural, vegetable, flower, tree or shrub seed sold in this 
 67.33  state as required in section 21.84. 
 67.34     Subd. 2.  [MISCELLANEOUS VIOLATIONS.] No person may:  
 67.35     (a) detach, alter, deface, or destroy any label required in 
 67.36  sections 21.82 and 21.83 or, alter or substitute seed in a 
 68.1   manner that may defeat the purposes of sections 21.82 and 21.83, 
 68.2   or alter or falsify any seed tests, laboratory reports, records, 
 68.3   or other documents to create a misleading impression as to kind, 
 68.4   variety, history, quality, or origin of the seed; 
 68.5      (b) hinder or obstruct in any way any authorized person in 
 68.6   the performance of duties under sections 21.80 to 21.92; 
 68.7      (c) fail to comply with a "stop sale" order or to move or 
 68.8   otherwise handle or dispose of any lot of seed held under a stop 
 68.9   sale order or attached tags, except with express permission of 
 68.10  the enforcing officer for the purpose specified; 
 68.11     (d) use the word "type" in any labeling in connection with 
 68.12  the name of any agricultural seed variety; 
 68.13     (e) use the word "trace" as a substitute for any statement 
 68.14  which is required; or 
 68.15     (f) plant any agricultural seed which the person knows 
 68.16  contains weed seeds or noxious weed seeds in excess of the 
 68.17  limits for that seed.  
 68.18     Sec. 18.  Minnesota Statutes 2002, section 21.88, is 
 68.19  amended to read: 
 68.20     21.88 [PENALTIES NOT TO APPLY.] 
 68.21     Subdivision 1.  [MISDEMEANOR; GROSS MISDEMEANOR.] A 
 68.22  violation of sections 21.80 to 21.92 or a rule adopted under 
 68.23  section 21.85 is a misdemeanor.  Each additional day of 
 68.24  violation is a separate offense.  A subsequent violation by a 
 68.25  person is a gross misdemeanor.  
 68.26     Subd. 2.  [UNLAWFUL PRACTICE.] In addition to other 
 68.27  penalties provided by law, a person who violates a provision of 
 68.28  sections 21.80 to 21.92 or a rule adopted under section 21.85 
 68.29  has committed an unlawful practice under sections 325F.68 and 
 68.30  325F.69 and is subject to the remedies provided in sections 8.31 
 68.31  and 325F.70.  
 68.32     Subd. 3.  [PENALTIES NOT TO APPLY.] A person is not subject 
 68.33  to the penalties in subdivision 1 or 2 for having sold seeds 
 68.34  which were incorrectly labeled or represented as to kind, 
 68.35  species, subspecies, if appropriate, variety, type, origin and 
 68.36  year, elevation or place of collection if required, if the seeds 
 69.1   cannot be identified by examination unless the person has failed 
 69.2   to obtain an invoice or genuine grower's or tree seed 
 69.3   collector's declaration or other labeling information and to 
 69.4   take other reasonable precautions to ensure the identity is as 
 69.5   stated.  
 69.6      Sec. 19.  Minnesota Statutes 2002, section 21.89, 
 69.7   subdivision 2, is amended to read: 
 69.8      Subd. 2.  [PERMITS; ISSUANCE AND REVOCATION.] The 
 69.9   commissioner shall issue a permit to the initial labeler of 
 69.10  agricultural, vegetable, or flower, and wildflower seeds which 
 69.11  are sold for use in Minnesota and which conform to and are 
 69.12  labeled under sections 21.80 to 21.92.  The categories of 
 69.13  permits are as follows: 
 69.14     (1) for initial labelers who sell 50,000 pounds or less of 
 69.15  agricultural seed each calendar year, an annual permit issued 
 69.16  for a fee established in section 21.891, subdivision 2, 
 69.17  paragraph (b); 
 69.18     (2) for initial labelers who sell vegetable, flower, and 
 69.19  wildflower seed packed for use in home gardens or household 
 69.20  plantings, an annual permit issued for a fee established in 
 69.21  section 21.891, subdivision 2, paragraph (c), based upon the 
 69.22  gross sales from the previous year; and 
 69.23     (3) for initial labelers who sell more than 50,000 pounds 
 69.24  of agricultural seed each calendar year, a permanent permit 
 69.25  issued for a fee established in section 21.891, subdivision 2, 
 69.26  paragraph (d). 
 69.27  In addition, the person shall furnish to the commissioner an 
 69.28  itemized statement of all seeds sold in Minnesota for the 
 69.29  periods established by the commissioner.  This statement shall 
 69.30  be delivered, along with the payment of the fee, based upon the 
 69.31  amount and type of seed sold, to the commissioner no later than 
 69.32  30 days after the end of each reporting period.  Any person 
 69.33  holding a permit shall show as part of the analysis labels or 
 69.34  invoices on all agricultural, vegetable, flower, wildflower, 
 69.35  tree, or shrub seeds all information the commissioner requires.  
 69.36  The commissioner may revoke any permit in the event of failure 
 70.1   to comply with applicable laws and rules. 
 70.2      Sec. 20.  Minnesota Statutes 2002, section 21.89, 
 70.3   subdivision 4, is amended to read: 
 70.4      Subd. 4.  [EXEMPTIONS.] An initial labeler who sells for 
 70.5   use in Minnesota agricultural, vegetable, or flower seeds must 
 70.6   have a seed fee permit unless:  
 70.7      (a) The person labels and sells less than 50,000 pounds of 
 70.8   agricultural seed in Minnesota each calendar year.  If more than 
 70.9   50,000 pounds are labeled and sold in Minnesota by any person, 
 70.10  the person must have a seed fee permit and pay fees on all seed 
 70.11  sold.  A person who labels and sells grass seeds and mixtures of 
 70.12  grass seeds intended for lawn or turf purposes is not exempted 
 70.13  from having a permit and paying seed fees on all seeds in this 
 70.14  category sold in Minnesota; or 
 70.15     (b) the agricultural, vegetable, or flower seeds are of the 
 70.16  breeder or foundation seed classes of varieties developed by 
 70.17  publicly financed research agencies intended for the purpose of 
 70.18  increasing the quantity of seed available.  
 70.19     Sec. 21.  [21.891] [MINNESOTA SEED LAW FEES.] 
 70.20     Subdivision 1.  [SAMPLING EXPORT SEED.] In accordance with 
 70.21  section 21.85, subdivision 13, the commissioner may, if 
 70.22  requested, sample seed destined for export to other countries.  
 70.23  The fee for sampling export seed is an hourly rate published 
 70.24  annually by the commissioner and it must be an amount sufficient 
 70.25  to recover the actual costs of the service provided. 
 70.26     Subd. 2.  [SEED FEE PERMITS.] (a) An initial labeler who 
 70.27  wishes to sell seed in Minnesota must comply with section 21.89, 
 70.28  subdivisions 1 and 2, and the procedures in this subdivision.  
 70.29  Each initial labeler who wishes to sell seed in Minnesota must 
 70.30  apply to the commissioner to obtain a permit.  The application 
 70.31  must contain the name and address of the applicant, the 
 70.32  application date, and the name and title of the applicant's 
 70.33  contact person. 
 70.34     (b) The application for a seed permit covered by section 
 70.35  21.89, subdivision 2, clause (1), must be accompanied by an 
 70.36  application fee of $50. 
 71.1      (c) The application for a seed permit covered by section 
 71.2   21.89, subdivision 2, clause (2), must be accompanied by an 
 71.3   application fee based on the level of annual gross sales as 
 71.4   follows: 
 71.5      (1) for gross sales of $0 to $25,000, the annual permit fee 
 71.6   is $50; 
 71.7      (2) for gross sales of $25,001 to $50,000, the annual 
 71.8   permit fee is $100; 
 71.9      (3) for gross sales of $50,001 to $100,000, the annual 
 71.10  permit fee is $200; 
 71.11     (4) for gross sales of $100,001 to $250,000, the annual 
 71.12  permit fee is $500; 
 71.13     (5) for gross sales of $250,001 to $500,000, the annual 
 71.14  permit fee is $1,000; and 
 71.15     (6) for gross sales of $500,001 and above, the annual 
 71.16  permit fee is $2,000. 
 71.17     (d) The application for a seed permit covered by section 
 71.18  21.89, subdivision 2, clause (3), must be accompanied by an 
 71.19  application fee of $50.  Initial labelers holding seed fee 
 71.20  permits covered under this paragraph need not apply for a new 
 71.21  permit or pay the application fee.  Under this permit category, 
 71.22  the fees for the following kinds of agricultural seed sold 
 71.23  either in bulk or containers are: 
 71.24     (1) oats, wheat, and barley, 6.3 cents per hundredweight; 
 71.25     (2) rye, field beans, soybeans, buckwheat, and flax, 8.4 
 71.26  cents per hundredweight; 
 71.27     (3) field corn, 29.4 cents per hundredweight; 
 71.28     (4) forage, lawn and turf grasses, and legumes, 49 cents 
 71.29  per hundredweight; 
 71.30     (5) sunflower, $1.40 per hundredweight; 
 71.31     (6) sugar beet, $3.29 per hundredweight; and 
 71.32     (7) for any agricultural seed not listed in clauses (1) to 
 71.33  (6), the fee for the crop most closely resembling it in normal 
 71.34  planting rate applies.  
 71.35     (e) If, for reasons beyond the control and knowledge of the 
 71.36  initial labeler, seed is shipped into Minnesota by a person 
 72.1   other than the initial labeler, the responsibility for the seed 
 72.2   fees are transferred to the shipper.  An application for a 
 72.3   transfer of this responsibility must be made to the 
 72.4   commissioner.  Upon approval by the commissioner of the 
 72.5   transfer, the shipper is responsible for payment of the seed 
 72.6   permit fees. 
 72.7      (f) Seed permit fees may be included in the cost of the 
 72.8   seed either as a hidden cost or as a line item cost on each 
 72.9   invoice for seed sold.  To identify the fee on an invoice, the 
 72.10  words "Minnesota seed permit fees" must be used. 
 72.11     (g) All seed fee permit holders must file semiannual 
 72.12  reports with the commissioner, even if no seed was sold during 
 72.13  the reporting period.  Each semiannual report must be submitted 
 72.14  within 30 days of the end of each reporting period.  The 
 72.15  reporting periods are October 1 to March 31 and April 1 to 
 72.16  September 30 of each year or July 1 to December 31 and January 1 
 72.17  to June 30 of each year.  Permit holders may change their 
 72.18  reporting periods with the approval of the commissioner. 
 72.19     (h) The holder of a seed fee permit must pay fees on all 
 72.20  seed for which the permit holder is the initial labeler and 
 72.21  which are covered by sections 21.80 to 21.92 and sold during the 
 72.22  reporting period. 
 72.23     (i) If a seed fee permit holder fails to submit a 
 72.24  semiannual report and pay the seed fee within 30 days after the 
 72.25  end of each reporting period, the commissioner shall assess a 
 72.26  penalty of $100 or eight percent, calculated on an annual basis, 
 72.27  of the fee due, whichever is greater, but no more than $500 for 
 72.28  each late semiannual report.  A $15 penalty must be charged when 
 72.29  the semiannual report is late, even if no fee is due for the 
 72.30  reporting period.  Seed fee permits may be revoked for failure 
 72.31  to comply with the applicable provisions of this paragraph or 
 72.32  the Minnesota seed law. 
 72.33     Subd. 3.  [HYBRID SEED CORN VARIETY REGISTRATION FEE.] In 
 72.34  accordance with section 21.90, subdivision 2, the fee for the 
 72.35  registration of each hybrid seed corn variety or blend is $50, 
 72.36  which must be paid at the time of registration.  New hybrid seed 
 73.1   corn variety registrations received after March 1 and renewed 
 73.2   registrations of older varieties received after August 1 of each 
 73.3   year have an annual registration fee of $75 per variety. 
 73.4      Subd. 4.  [BRAND NAME REGISTRATION FEE.] The fee is $25 for 
 73.5   each variety registered for sale by brand name. 
 73.6      Sec. 22.  Minnesota Statutes 2002, section 21.90, 
 73.7   subdivision 2, is amended to read: 
 73.8      Subd. 2.  [FEES.] A record of each new hybrid seed field 
 73.9   corn variety to be sold in Minnesota shall be registered with 
 73.10  the commissioner by February March 1 of each year by the 
 73.11  originator or owner.  Records of all other hybrid seed field 
 73.12  corn varieties sold in Minnesota shall be registered with the 
 73.13  commissioner by August 1 of each year by the originator or 
 73.14  owner.  The commissioner shall establish the annual fee for 
 73.15  registration for each variety.  The record shall include the 
 73.16  permanent designation of the hybrid as well as the day 
 73.17  classification and zone of adaptation, as determined under 
 73.18  subdivision 1, which the originator or owner declares to be the 
 73.19  zone in which the variety is adapted.  In addition, at the time 
 73.20  of the first registration of a hybrid seed field corn variety, 
 73.21  the originator or owner shall include a sworn statement that the 
 73.22  declaration of the zone of adaptation was based on actual field 
 73.23  trials in that zone and that the field trials substantiate the 
 73.24  declaration as to the day and zone classifications to which the 
 73.25  variety is adapted.  The name or number used to designate a 
 73.26  hybrid seed field corn variety in the registration is the only 
 73.27  name of all seed corn covered by or sold under that registration.
 73.28     Sec. 23.  Minnesota Statutes 2002, section 21.90, 
 73.29  subdivision 3, is amended to read: 
 73.30     Subd. 3.  [TESTS OF VARIETIES TRANSFER OF MONEY.] If the 
 73.31  commissioner needs to verify that a hybrid seed field corn 
 73.32  variety is adapted to the corn growing zone declared by the 
 73.33  originator or owner, it must, when grown in several official 
 73.34  comparative trials by the director of the Minnesota agricultural 
 73.35  experiment station in the declared zone of adaptation, have an 
 73.36  average kernel moisture at normal harvest time which does not 
 74.1   differ from the average kernel moisture content of three or more 
 74.2   selected standard varieties adapted for grain production in that 
 74.3   particular growing zone by more than four percentage points.  If 
 74.4   a new variety when tested has more than six percentage points of 
 74.5   moisture over the standard variety, it must have the relative 
 74.6   maturity increased by five days in the correct zone of 
 74.7   adaptation before it can be sold the second year.  If it does 
 74.8   not exceed the standard varieties by more than five percentage 
 74.9   points of moisture the second year tested, it can be sold the 
 74.10  third year with the same relative maturity.  If upon being 
 74.11  tested the third year the moisture percentage points are found 
 74.12  to be over the four percentage points allowed, the variety then 
 74.13  must have the relative maturity increased by five days in the 
 74.14  correct zone.  The varieties to be used as standard varieties 
 74.15  for determining adaptability to a zone shall be selected for 
 74.16  each zone by the director of the Minnesota agricultural 
 74.17  experiment station with the advice and consent of the 
 74.18  commissioner of agriculture.  Should a person, firm, originator, 
 74.19  or owner of a hybrid seed field corn variety wish to offer 
 74.20  hybrid seed for sale or distribution in this state, the person, 
 74.21  firm, originator, or owner not having distributed any products 
 74.22  in Minnesota during the past ten years, or not having any record 
 74.23  of testing by an agency acceptable to the commissioner, then 
 74.24  after registration of the variety the commissioner is required 
 74.25  to have the variety tested for one year by the director of the 
 74.26  Minnesota agricultural experiment station before it may be 
 74.27  distributed in Minnesota.  Should any person, firm, originator, 
 74.28  or owner of a seed field corn variety be guilty of two 
 74.29  successive violations with respect to the declaration of 
 74.30  relative maturity date and zone number, then the violator must 
 74.31  commence a program of pretesting for varieties as determined by 
 74.32  the commissioner.  The list of varieties to be used as standards 
 74.33  in each growing zone shall be sent by the commissioner not later 
 74.34  than February 1 of each year to each seed firm registering 
 74.35  hybrid varieties with the commissioner as of the previous April 
 74.36  1.  To assist in defraying the expenses of the Minnesota 
 75.1   agricultural experiment station in carrying out the provisions 
 75.2   of this section, there shall be transferred annually from the 
 75.3   seed inspection account to the agricultural experiment station a 
 75.4   sum which shall at least equal 80 60 percent of the total 
 75.5   revenue from all hybrid seed field corn variety registrations.  
 75.6      Sec. 24.  Minnesota Statutes 2002, section 21.901, is 
 75.7   amended to read: 
 75.8      21.901 [BRAND NAME REGISTRATION.] 
 75.9      The owner or originator of a variety of nonhybrid seed that 
 75.10  is to be sold in this state must annually register the variety 
 75.11  with the commissioner if the variety is to be sold only under a 
 75.12  brand name.  The registration must include the brand name and 
 75.13  the variety of seed.  The brand name for a blend or mixture need 
 75.14  not be registered. 
 75.15     The fee is $15 for each variety registered for sale by 
 75.16  brand name. 
 75.17     Sec. 25.  [REPEALER.] 
 75.18     Minnesota Statutes 2002, section 21.85, subdivisions 1, 3, 
 75.19  4, 5, 6, 7, 8, and 9, are repealed. 
 75.20                             ARTICLE 4 
 75.21                     INSPECTION AND ENFORCEMENT 
 75.22     Section 1.  [18J.01] [DEFINITIONS.] 
 75.23     (a) The definitions in sections 18G.02 and 18H.02 apply to 
 75.24  this chapter. 
 75.25     (b) For purposes of this chapter, "associated rules" means 
 75.26  rules adopted under this chapter, chapter 18G or 18H, or 
 75.27  sections 21.80 to 21.92. 
 75.28     Sec. 2.  [18J.02] [DUTIES OF COMMISSIONER.] 
 75.29     The commissioner shall administer and enforce this chapter, 
 75.30  chapters 18G and 18H, sections 21.80 to 21.92, and associated 
 75.31  rules. 
 75.32     Sec. 3.  [18J.03] [CIVIL LIABILITY.] 
 75.33     A person regulated by this chapter, chapter 18G or 18H, or 
 75.34  sections 21.80 to 21.92, is civilly liable for any violation of 
 75.35  one of those statutes or associated rules by the person's 
 75.36  employee or agent. 
 76.1      Sec. 4.  [18J.04] [INSPECTION, SAMPLING, ANALYSIS.] 
 76.2      Subdivision 1.  [ACCESS AND ENTRY.] The commissioner, upon 
 76.3   presentation of official department credentials, must be granted 
 76.4   immediate access at reasonable times to sites where a person 
 76.5   manufactures, distributes, uses, handles, disposes of, stores, 
 76.6   or transports seeds, plants, or other living or nonliving 
 76.7   products or other objects regulated under chapter 18G or 18H, 
 76.8   sections 21.80 to 21.92, or associated rules. 
 76.9      Subd. 2.  [PURPOSE OF ENTRY.] (a) The commissioner may 
 76.10  enter sites for:  
 76.11     (1) inspection of inventory and equipment for the 
 76.12  manufacture, storage, handling, distribution, disposal, or any 
 76.13  other process regulated under chapter 18G or 18H, sections 21.80 
 76.14  to 21.92, or associated rules; 
 76.15     (2) sampling of sites, seeds, plants, products, or other 
 76.16  living or nonliving objects that are manufactured, stored, 
 76.17  distributed, handled, or disposed of at those sites and 
 76.18  regulated under chapter 18G or 18H, sections 21.80 to 21.92, or 
 76.19  associated rules; 
 76.20     (3) inspection of records related to the manufacture, 
 76.21  distribution, storage, handling, or disposal of seeds, plants, 
 76.22  products, or other living or nonliving objects regulated under 
 76.23  chapter 18G or 18H, sections 21.80 to 21.92, or associated 
 76.24  rules; 
 76.25     (4) investigating compliance with chapter 18G or 18H, 
 76.26  sections 21.80 to 21.92, or associated rules; or 
 76.27     (5) other purposes necessary to implement chapter 18G or 
 76.28  18H, sections 21.80 to 21.92, or associated rules. 
 76.29     (b) The commissioner may enter any public or private 
 76.30  premises during or after regular business hours without notice 
 76.31  of inspection when a suspected violation of chapter 18G or 18H, 
 76.32  sections 21.80 to 21.92, or associated rules may threaten public 
 76.33  health or the environment. 
 76.34     Subd. 3.  [NOTICE OF INSPECTION SAMPLES AND ANALYSES.] (a) 
 76.35  The commissioner shall provide the owner, operator, or agent in 
 76.36  charge with a receipt describing any samples obtained.  If 
 77.1   requested, the commissioner shall split any samples obtained and 
 77.2   provide them to the owner, operator, or agent in charge.  If an 
 77.3   analysis is made of the samples, a copy of the results of the 
 77.4   analysis must be furnished to the owner, operator, or agent in 
 77.5   charge within 30 days after an analysis has been performed.  If 
 77.6   an analysis is not performed, the commissioner must notify the 
 77.7   owner, operator, or agent in charge within 30 days of the 
 77.8   decision not to perform the analysis. 
 77.9      (b) The sampling and analysis must be done according to 
 77.10  methods provided for under applicable provisions of chapter 18G 
 77.11  or 18H, sections 21.80 to 21.92, or associated rules.  In cases 
 77.12  not covered by those sections and methods or in cases where 
 77.13  methods are available in which improved applicability has been 
 77.14  demonstrated the commissioner may adopt appropriate methods from 
 77.15  other sources. 
 77.16     Subd. 4.  [INSPECTION REQUESTS BY OTHERS.] (a) A person who 
 77.17  believes that a violation of chapter 18G or 18H, sections 21.80 
 77.18  to 21.92, or associated rules has occurred may request an 
 77.19  inspection by giving notice to the commissioner of the 
 77.20  violation.  The notice must be in writing, state with reasonable 
 77.21  particularity the grounds for the notice, and be signed by the 
 77.22  person making the request. 
 77.23     (b) If after receiving a notice of violation the 
 77.24  commissioner reasonably believes that a violation has occurred, 
 77.25  the commissioner shall make a special inspection in accordance 
 77.26  with the provisions of this section as soon as practicable, to 
 77.27  determine if a violation has occurred. 
 77.28     (c) An inspection conducted pursuant to a notice under this 
 77.29  subdivision may cover an entire site and is not limited to the 
 77.30  portion of the site specified in the notice.  If the 
 77.31  commissioner determines that reasonable grounds to believe that 
 77.32  a violation occurred do not exist, the commissioner must notify 
 77.33  the person making the request in writing of the determination. 
 77.34     Subd. 5.  [ORDER TO ENTER AFTER REFUSAL.] After a refusal 
 77.35  or an anticipated refusal based on a prior refusal to allow 
 77.36  entrance on a prior occasion by an owner, operator, or agent in 
 78.1   charge to allow entry as specified in this section, the 
 78.2   commissioner may apply for an order in the district court in the 
 78.3   county where a site is located, that compels a person with 
 78.4   authority to allow the commissioner to enter and inspect the 
 78.5   site. 
 78.6      Subd. 6.  [VIOLATOR LIABLE FOR INSPECTION COSTS.] (a) The 
 78.7   cost of reinspection and reinvestigation may be assessed by the 
 78.8   commissioner if the person subject to an order of the 
 78.9   commissioner does not comply with the order in a reasonable time 
 78.10  as provided in the order. 
 78.11     (b) The commissioner may enter an order for recovery of the 
 78.12  inspection and investigation costs. 
 78.13     Subd. 7.  [INVESTIGATION AUTHORITY.] (a) In making 
 78.14  inspections under this chapter, the commissioner may administer 
 78.15  oaths, certify official acts, issue subpoenas to take and cause 
 78.16  to be taken depositions of witnesses, and compel the attendance 
 78.17  of witnesses and production of papers, books, documents, 
 78.18  records, and testimony. 
 78.19     (b) If a person fails to comply with a subpoena, or a 
 78.20  witness refuses to produce evidence or to testify to a matter 
 78.21  about which the person may be lawfully questioned, the district 
 78.22  court shall, on application of the commissioner, compel 
 78.23  obedience proceedings for contempt, as in the case of 
 78.24  disobedience of the requirements of a subpoena issued by the 
 78.25  court or a refusal to testify in court. 
 78.26     Sec. 5.  [18J.05] [ENFORCEMENT.] 
 78.27     Subdivision 1.  [ENFORCEMENT REQUIRED.] (a) A violation of 
 78.28  chapter 18G or 18H, sections 21.80 to 21.92, or an associated 
 78.29  rule is a violation of this chapter. 
 78.30     (b) Upon the request of the commissioner, county attorneys, 
 78.31  sheriffs, and other officers having authority in the enforcement 
 78.32  of the general criminal laws must take action to the extent of 
 78.33  their authority necessary or proper for the enforcement of 
 78.34  chapter 18G or 18H, sections 21.80 to 21.92, or associated rules 
 78.35  or valid orders, standards, stipulations, and agreements of the 
 78.36  commissioner. 
 79.1      Subd. 2.  [COMMISSIONER'S DISCRETION.] If minor violations 
 79.2   of chapter 18G or 18H, sections 21.80 to 21.92, or associated 
 79.3   rules occur or the commissioner believes the public interest 
 79.4   will be best served by a suitable notice of warning in writing, 
 79.5   this section does not require the commissioner to: 
 79.6      (1) report the violation for prosecution; 
 79.7      (2) institute seizure proceedings; or 
 79.8      (3) issue a withdrawal from distribution, stop-sale, or 
 79.9   other order. 
 79.10     Subd. 3.  [CIVIL ACTIONS.] Civil judicial enforcement 
 79.11  actions may be brought by the attorney general in the name of 
 79.12  the state on behalf of the commissioner.  A county attorney may 
 79.13  bring a civil judicial enforcement action upon the request of 
 79.14  the commissioner and agreement by the attorney general. 
 79.15     Subd. 4.  [INJUNCTION.] The commissioner may apply to a 
 79.16  court with jurisdiction for a temporary or permanent injunction 
 79.17  to prevent, restrain, or enjoin violations of this chapter. 
 79.18     Subd. 5.  [CRIMINAL ACTIONS.] For a criminal action, the 
 79.19  county attorney from the county where a criminal violation 
 79.20  occurred is responsible for prosecuting a violation of this 
 79.21  chapter.  If the county attorney refuses to prosecute, the 
 79.22  attorney general on request of the commissioner may prosecute. 
 79.23     Subd. 6.  [AGENT FOR SERVICE OF PROCESS.] All persons 
 79.24  licensed, permitted, registered, or certified under chapter 18G 
 79.25  or 18H, sections 21.80 to 21.92, or associated rules as 
 79.26  individuals must appoint the commissioner as the agent upon whom 
 79.27  all legal process may be served and service upon the 
 79.28  commissioner is deemed to be service on the licensee, permittee, 
 79.29  registrant, or certified person. 
 79.30     Sec. 6.  [18J.06] [FALSE STATEMENT OR RECORD.] 
 79.31     A person must not knowingly make or offer a false 
 79.32  statement, record, or other information as part of: 
 79.33     (1) an application for registration, license, 
 79.34  certification, or permit under chapter 18G or 18H, sections 
 79.35  21.80 to 21.92, or associated rules; 
 79.36     (2) records or reports required under chapter 18G or 18H, 
 80.1   sections 21.80 to 21.92, or associated rules; or 
 80.2      (3) an investigation of a violation of chapter 18G or 18H, 
 80.3   sections 21.80 to 21.92, or associated rules. 
 80.4      Sec. 7.  [18J.07] [ADMINISTRATIVE ACTION.] 
 80.5      Subdivision 1.  [ADMINISTRATIVE REMEDIES.] The commissioner 
 80.6   make seek to remedy violations by a written warning, 
 80.7   administrative meeting, cease and desist, stop-use, stop-sale, 
 80.8   removal, correction order, or an order, seizure, stipulation, or 
 80.9   agreement, if the commissioner determines that the remedy is in 
 80.10  the public interest. 
 80.11     Subd. 2.  [REVOCATION AND SUSPENSION.] The commissioner 
 80.12  may, after written notice and hearing, revoke, suspend, or 
 80.13  refuse to grant or renew a registration, permit, license, or 
 80.14  certification if a person violates this chapter or has a history 
 80.15  within the last three years of violation of this chapter. 
 80.16     Subd. 3.  [CANCELLATION OF REGISTRATION, PERMIT, LICENSE, 
 80.17  CERTIFICATION.] The commissioner may cancel or revoke a 
 80.18  registration, permit, license, or certification provided for 
 80.19  under chapter 18G or 18H, sections 21.80 to 21.92, or associated 
 80.20  rules or refuse to register, permit, license, or certify under 
 80.21  provisions of chapter 18G or 18H, sections 21.80 to 21.92, or 
 80.22  associated rules if the registrant, permittee, licensee, or 
 80.23  certified person has used fraudulent or deceptive practices in 
 80.24  the evasion or attempted evasion of a provision of chapter 18G 
 80.25  or 18H, sections 21.80 to 21.92, or associated rules. 
 80.26     Subd. 4.  [SERVICE OF ORDER OR NOTICE.] (a) If a person is 
 80.27  not available for service of an order, the commissioner may 
 80.28  attach the order to the facility, site, seed or seed container, 
 80.29  plant or other living or nonliving object regulated under 
 80.30  chapter 18G or 18H, sections 21.80 to 21.92, or associated rules 
 80.31  and notify the owner, custodian, other responsible party, or 
 80.32  registrant. 
 80.33     (b) The seed, seed container, plant, or other living or 
 80.34  nonliving object regulated under chapter 18G or 18H, sections 
 80.35  21.80 to 21.92, or associated rules may not be sold, used, 
 80.36  tampered with, or removed until released under conditions 
 81.1   specified by the commissioner, by an administrative law judge, 
 81.2   or by a court. 
 81.3      Subd. 5.  [UNSATISFIED JUDGMENTS.] (a) An applicant for a 
 81.4   license, permit, registration, or certification under provisions 
 81.5   of this chapter, chapter 18G or 18H, sections 21.80 to 21.92, or 
 81.6   associated rules may not allow a final judgment against the 
 81.7   applicant for damages arising from a violation of those statutes 
 81.8   or rules to remain unsatisfied for a period of more than 30 days.
 81.9      (b) Failure to satisfy, within 30 days, a final judgment 
 81.10  resulting from a violation of this chapter results in automatic 
 81.11  suspension of the license, permit, registration, or 
 81.12  certification. 
 81.13     Sec. 8.  [18J.08] [APPEALS OF COMMISSIONER'S ORDERS.] 
 81.14     Subdivision 1.  [NOTICE OF APPEAL.] (a) After service of an 
 81.15  order, a person has 45 days from receipt of the order to notify 
 81.16  the commissioner in writing that the person intends to contest 
 81.17  the order. 
 81.18     (b) If the person fails to notify the commissioner that the 
 81.19  person intends to contest the order, the order is a final order 
 81.20  of the commissioner and not subject to further judicial or 
 81.21  administrative review. 
 81.22     Subd. 2.  [ADMINISTRATIVE REVIEW.] If a person notifies the 
 81.23  commissioner that the person intends to contest an order issued 
 81.24  under this section, the state office of administrative hearings 
 81.25  must conduct a hearing in accordance with the applicable 
 81.26  provisions of chapter 14 for hearings in contested cases. 
 81.27     Subd. 3.  [JUDICIAL REVIEW.] Judicial review of a final 
 81.28  decision in a contested case is available as provided in chapter 
 81.29  14. 
 81.30     Sec. 9.  [18J.09] [CREDITING OF PENALTIES, FEES, AND 
 81.31  COSTS.] 
 81.32     Penalties, cost reimbursements, fees, and other money 
 81.33  collected under this chapter must be deposited into the state 
 81.34  treasury and credited to the appropriate plant protection, 
 81.35  nursery, or seed account. 
 81.36     Sec. 10.  [18J.10] [CIVIL PENALTIES.] 
 82.1      Subdivision 1.  [GENERAL PENALTY.] Except as provided in 
 82.2   subdivision 2, a person who violates this chapter or an order, 
 82.3   standard, stipulation, agreement, or schedule of compliance of 
 82.4   the commissioner is subject to a civil penalty of up to $7,500 
 82.5   per day of violation as determined by the court. 
 82.6      Subd. 2.  [DEFENSE TO CIVIL REMEDIES AND DAMAGES.] As a 
 82.7   defense to a civil penalty or claim for damages under 
 82.8   subdivision 1, the defendant may prove that the violation was 
 82.9   caused solely by an act of God, an act of war, or an act or 
 82.10  failure to act that constitutes sabotage or vandalism, or any 
 82.11  combination of these defenses. 
 82.12     Subd. 3.  [ACTIONS TO COMPEL PERFORMANCE.] In an action to 
 82.13  compel performance of an order of the commissioner to enforce a 
 82.14  provision of this chapter, the court may require a defendant 
 82.15  adjudged responsible to perform the acts within the person's 
 82.16  power that are reasonably necessary to accomplish the purposes 
 82.17  of the order. 
 82.18     Subd. 4.  [RECOVERY OF PENALTIES BY CIVIL ACTION.] The 
 82.19  civil penalties and payments provided for in this chapter may be 
 82.20  recovered by a civil action brought by the county attorney or 
 82.21  the attorney general in the name of the state. 
 82.22     Sec. 11.  [18J.11] [CRIMINAL PENALTIES.] 
 82.23     Subdivision 1.  [GENERAL VIOLATION.] Except as provided in 
 82.24  subdivisions 2 and 3, a person is guilty of a misdemeanor if the 
 82.25  person violates this chapter or an order, standard, stipulation, 
 82.26  agreement, or schedule of compliance of the commissioner. 
 82.27     Subd. 2.  [VIOLATION ENDANGERING HUMANS.] A person is 
 82.28  guilty of a gross misdemeanor if the person violates this 
 82.29  chapter or an order, standard, stipulation, agreement, or 
 82.30  schedule of compliance of the commissioner, and the violation 
 82.31  endangers humans. 
 82.32     Subd. 3.  [VIOLATION WITH KNOWLEDGE.] A person is guilty of 
 82.33  a gross misdemeanor if the person knowingly violates this 
 82.34  chapter or an order, standard, stipulation, agreement, or 
 82.35  schedule of compliance of the commissioner. 
 82.36                             ARTICLE 5 
 83.1                        MISCELLANEOUS CHANGES 
 83.2      Section 1.  [REPEALER.] 
 83.3      Minnesota Statutes 2002, sections 18.012; 18.021; 18.022; 
 83.4   18.0223; 18.0225; 18.0227; 18.0228; 18.0229; 18.023; 18.024; 
 83.5   18.041; 18.051; 18.061; 18.071; 18.081; 18.091; 18.101; 18.111; 
 83.6   18.121; 18.131; 18.141; 18.151; 18.161; 18.331; 18.332; 18.333; 
 83.7   18.334; 18.335; 18.44; 18.45; 18.46; 18.47; 18.48; 18.49; 18.50; 
 83.8   18.51; 18.52; 18.525; 18.53; 18.54; 18.55; 18.56; 18.57; 18.59; 
 83.9   18.60; and 18.61, are repealed.