1st Engrossment - 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 from a defined geographic area. 3.23 Subd. 15. [EXOTIC SPECIES.] "Exotic species" means a 3.24 species that is not native to the area. Exotic species also 3.25 means a species occurring outside its natural range. 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 whose introduction and establishment 4.10 causes, or may cause economic or environmental harm or harm to 4.11 human health. 4.12 Subd. 21. [LIMITED DISTRIBUTION.] "Limited distribution," 4.13 when used in reference to a pest known to occur in this state, 4.14 means there are small populations in a small geographic area or 4.15 a few small geographic areas that are widely separated in this 4.16 state. 4.17 Subd. 22. [MARK.] "Mark" means an official indicator 4.18 affixed by the commissioner for purposes of identification or 4.19 separation, to, on, around, or near, plants or plant material 4.20 known or suspected to be infected with a plant pest. This 4.21 includes, but is not limited to, paint, markers, tags, seals, 4.22 stickers, tape, ribbons, signs, or placards. 4.23 Subd. 23. [NATIVE SPECIES.] "Native species" means a 4.24 species occurring within its natural range and dispersal 4.25 potential without direct or indirect introduction or care by 4.26 humans. 4.27 Subd. 24. [NOXIOUS WEED.] "Noxious weed" means an annual, 4.28 biennial, or perennial plant that the commissioner designates to 4.29 be injurious to public health, the environment, public roads, 4.30 crops, livestock, or other property. 4.31 Subd. 25. [OFFICIALLY CONTROLLED.] "Officially controlled" 4.32 means eradication or intensive suppression activity conducted, 4.33 implemented, or directed by the commissioner or other government 4.34 plant protection official. 4.35 Subd. 26. [OWNER.] "Owner" includes, but is not limited 4.36 to, the person with the legal right of possession, 5.1 proprietorship of, or responsibility for the property or place 5.2 where any of the articles regulated in this chapter are found, 5.3 or the person who is in possession of, proprietorship of, or has 5.4 responsibility for the regulated articles. 5.5 Subd. 27. [PERMIT.] "Permit" means a document issued by a 5.6 regulatory official that allows the movement of any regulated 5.7 thing from one location to another in accordance with specified 5.8 conditions or requirements and for a specified purpose. 5.9 Subd. 28. [PERSON.] "Person" means an individual, firm, 5.10 corporation, partnership, association, trust, joint stock 5.11 company, or unincorporated organization, the state, a state 5.12 agency, or a political subdivision. 5.13 Subd. 29. [PEST.] "Pest" means any living agent capable of 5.14 reproducing itself that causes or may potentially cause harm to 5.15 plants or other biotic organisms. 5.16 Subd. 30. [PEST RISK ANALYSIS.] "Pest risk analysis" means 5.17 characterizing the nature of pest hazard or harm, identifying 5.18 the degree of probability or likelihood of harm, analyzing the 5.19 degree to which risk mitigation measures or strategies can 5.20 reduce the probability of harm to an acceptable level, and 5.21 recommending pest risk mitigation measures or strategies. 5.22 Subd. 31. [PHYTOSANITARY CERTIFICATE OR EXPORT 5.23 CERTIFICATE.] "Phytosanitary certificate" or "export certificate" 5.24 means a document authorized or prepared by a duly authorized 5.25 federal or state official that affirms, declares, or verifies 5.26 that an article, nursery stock, plant, plant product, shipment, 5.27 or any other officially regulated article meets applicable, 5.28 legally established, plant pest regulations, including this 5.29 chapter. 5.30 Subd. 32. [PHYTOSANITARY MEASURES.] "Phytosanitary 5.31 measures" means any growing season or postharvest treatment or 5.32 any other method or strategy to reduce pest risk to an 5.33 acceptable level. 5.34 Subd. 33. [PLANT.] "Plant" means a plant, plant product, 5.35 plant part, or reproductive or propagative part of a plant, 5.36 plant product, or plant part, including all growing media, 6.1 packing material, or containers associated with the plants, 6.2 plant parts, or plant products. 6.3 Subd. 34. [PLANT PEST.] "Plant pest" includes, but is not 6.4 limited to, an invasive species or any pest of plants, 6.5 agricultural commodities, horticultural products, nursery stock, 6.6 or noncultivated plants by organisms such as insects, snails, 6.7 nematodes, fungi, viruses, bacterium, microorganisms, 6.8 mycoplasma-like organisms, weeds, plants, and parasitic plants. 6.9 Subd. 35. [PRECLEARANCE.] "Preclearance" means an 6.10 agreement between quarantine officials of exporting and 6.11 importing states to pass plants, plant material, or other items 6.12 through quarantine by allowing the exporting state to inspect 6.13 the plants preshipment, rather than the importing state 6.14 inspecting the shipment upon arrival. 6.15 Subd. 36. [PUBLIC NUISANCE.] "Public nuisance" means: 6.16 (1) a plant, appliance, conveyance, or article that is 6.17 infested with plant pests that may cause significant damage or 6.18 harm; or 6.19 (2) premises where a plant pest is found. 6.20 Subd. 37. [QUARANTINE.] "Quarantine" means an enforced 6.21 isolation or restriction of free movement of plants, plant 6.22 material, animals, animal products, human activity, or any 6.23 article or material in order to treat, control, or eradicate a 6.24 plant pest. 6.25 Subd. 38. [REGULATED ARTICLE.] "Regulated article" means 6.26 any item, the movement of which is governed by quarantine or 6.27 this chapter. 6.28 Subd. 39. [SIGNIFICANT DAMAGE OR HARM.] "Significant 6.29 damage" or "harm" means a level of adverse impact that results 6.30 in economic damage, injury, or loss that exceeds the cost of 6.31 control for a particular crop. 6.32 Subd. 40. [SUPPRESSION AREA.] "Suppression area" means a 6.33 plant pest infested area where phytosanitary measures are being 6.34 applied to reduce the plant pest population and limit the spread 6.35 of the plant pest. 6.36 Subd. 41. [WEED.] "Weed" means: 7.1 (1) a plant that interferes with management objectives for 7.2 an area or place at a particular time; or 7.3 (2) a plant species growing in an undesired place. 7.4 Sec. 3. [18G.03] [POWERS AND DUTIES OF COMMISSIONER.] 7.5 Subdivision 1. [ENTRY AND INSPECTION.] (a) The 7.6 commissioner may enter and inspect a public or private place 7.7 that might harbor plant pests and may require that the owner 7.8 destroy or treat plant pests, plants, or other material. 7.9 (b) If the owner fails to properly comply with a directive 7.10 of the commissioner, the commissioner may have any necessary 7.11 work done at the owner's expense. The commissioner shall notify 7.12 the owner of the deadline for paying those expenses. If the 7.13 owner does not reimburse the commissioner for an expense within 7.14 a time specified by the commissioner, the expense is a charge 7.15 upon the county as provided in subdivision 4. 7.16 (c) If a dangerous plant pest infestation or infection 7.17 threatens plants of an area in the state, the commissioner may 7.18 take any measures necessary to eliminate or alleviate the danger. 7.19 (d) The commissioner may collect fees required by this 7.20 chapter. 7.21 (e) The commissioner may issue and enforce a written or 7.22 printed "stop-sale" order to the owner or custodian of any 7.23 plants or articles infested or infected with dangerously 7.24 injurious plant pests. 7.25 Subd. 2. [RULES.] The commissioner may adopt rules to 7.26 carry out the purposes of this chapter. 7.27 Subd. 3. [QUARANTINE.] The commissioner may impose a 7.28 quarantine to restrict or prohibit the transportation or 7.29 distribution of plants or other materials capable of carrying 7.30 plant pests into or through any part of this state. 7.31 Subd. 4. [COLLECTION OF CHARGES FOR WORK DONE FOR 7.32 OWNER.] If the commissioner incurs an expense in conjunction 7.33 with carrying out subdivision 1 and is not reimbursed by the 7.34 owner of the land, the expense is a legal charge against the 7.35 county in which the land is located. After the expense is 7.36 incurred, the commissioner shall file verified and itemized 8.1 statements of the cost of all services rendered with the county 8.2 auditor of the county in which the land is located, who shall 8.3 immediately issue proper warrants to the persons named in the 8.4 statements for the amounts specified. The amount of the expense 8.5 is a lien in favor of the county against the land involved, must 8.6 be certified by the county auditor and entered on the auditor's 8.7 tax books as a tax upon the land, and must be collected as other 8.8 real estate taxes are collected. The amounts collected must be 8.9 used to reimburse the county for its expenses under this 8.10 subdivision. 8.11 Sec. 4. [18G.04] [ERADICATION, CONTROL, AND ABATEMENT OF 8.12 NUISANCES; ISSUING CONTROL ORDERS.] 8.13 Subdivision 1. [PUBLIC NUISANCE.] Any premises, plant, 8.14 appliance, conveyance, or article that is infected or infested 8.15 with plant pests that may cause significant damage or harm and 8.16 any premises where any plant pest is found is a public nuisance 8.17 and must be prosecuted as a public nuisance in all actions and 8.18 proceedings. All legal remedies for the prevention and 8.19 abatement of a nuisance apply to a public nuisance under this 8.20 section. It is unlawful for any person to maintain a public 8.21 nuisance. 8.22 Subd. 2. [CONTROL ORDER.] In order to prevent the 8.23 introduction or spread of harmful or dangerous plant pests, the 8.24 commissioner may issue orders for necessary control measures. 8.25 These orders may indicate the type of specific control to be 8.26 used, the compound or material, the manner or the time of 8.27 application, and who is responsible for carrying out the control 8.28 order. Control orders may include directions to control or 8.29 abate the plant pest to an acceptable level; eradicate the plant 8.30 pest; restrict the movement of the plant pest or any material, 8.31 article, appliance, plant, person, or means of conveyance 8.32 suspected to be carrying the plant pest; or destroy plants or 8.33 plant products infested or infected with a plant pest. Material 8.34 suspected of being infested or infected with a plant pest may be 8.35 confiscated by the commissioner. 8.36 Sec. 5. [18G.05] [DISCOVERY OF PLANT PESTS; OFFICIAL 9.1 MARKING OF INFESTED OR INFECTED ARTICLES.] 9.2 Upon knowledge of the existence of a dangerous or injurious 9.3 plant pest or invasive species within the state, the 9.4 commissioner may conspicuously mark all plants, infested areas, 9.5 materials, and articles known or suspected to be infected or 9.6 infested with the plant pest or invasive species. Persons, 9.7 owners, or the tenants in possession of the premises or area in 9.8 which the existence of the plant pest or invasive species is 9.9 suspected must be notified by the commissioner with prescribed 9.10 control measures. A person must comply with the commissioner's 9.11 control order within the prescribed time. If the commissioner 9.12 determines that satisfactory control or mitigation of the pest 9.13 has been achieved, the order must be released. 9.14 Sec. 6. [18G.06] [ESTABLISHMENT OF QUARANTINE 9.15 RESTRICTIONS.] 9.16 Subdivision 1. [SCOPE.] The commissioner may impose a 9.17 quarantine restricting or regulating the production, movement, 9.18 or existence of plants, plant products, agricultural 9.19 commodities, crop seed, farm products, or other articles or 9.20 materials or people's normal activities in order that the 9.21 introduction or spread of a plant pest may be prevented or 9.22 limited or an existing plant pest may be controlled or 9.23 eradicated. 9.24 Subd. 2. [QUARANTINE NOTICE.] (a) Stop-Sale Notice or 9.25 Distribution Order. The commissioner may issue orders to take 9.26 prompt regulatory action in plant pest emergencies on regulated 9.27 articles. If continuing quarantine action is required, a formal 9.28 quarantine may be imposed. Orders may be issued to retain 9.29 necessary quarantine action on a few properties if eradication 9.30 treatments have been applied and continuing quarantine action is 9.31 no longer necessary for the majority of the regulated area. 9.32 (b) Emergency Regulation or Quarantine. The commissioner 9.33 may place an emergency regulation or quarantine in effect 9.34 without prior public notice in order to take immediate 9.35 regulatory action to prevent the introduction or establishment 9.36 of a plant pest. 10.1 (c) Federal Quarantine. The commissioner may enter into 10.2 cooperative agreements with the United States Department of 10.3 Agriculture and other federal, state, city, or county agencies 10.4 to assist in the enforcement of federal quarantines. The 10.5 commissioner may adopt a quarantine or regulation against a pest 10.6 or an area not covered by a federal quarantine. The 10.7 commissioner may seize, destroy, or require treatment of 10.8 products moved from a federally regulated area if they were not 10.9 moved in accordance with the federal quarantine regulations or, 10.10 if certified, they were found to be infested with the pest 10.11 organism. 10.12 (d) State Interior Quarantine (Intrastate). The 10.13 commissioner may impose a quarantine against a plant pest that 10.14 is not quarantined in other states to prevent the spread of the 10.15 plant pest within this state. The commissioner may enact a 10.16 quarantine against a plant pest of regional or national 10.17 significance even when no federal domestic quarantine has been 10.18 adopted. These quarantines regulate intrastate movement between 10.19 quarantined and nonquarantined areas of this state. The 10.20 commissioner may enact a parallel state quarantine if there is a 10.21 federal quarantine applied to a portion of the state. 10.22 (e) State Exterior Quarantine (Interstate). The 10.23 commissioner may impose a state exterior quarantine if the plant 10.24 pest is not established in this state but is established in 10.25 other states. State exterior quarantines may be enacted even if 10.26 no federal domestic quarantine has been adopted. The 10.27 commissioner may issue control orders at destinations necessary 10.28 to prevent the introduction or spread of plant pests. 10.29 Subd. 3. [DESCRIPTION OF REGULATED AREAS.] (a) The 10.30 regulated area to be described in a quarantine may involve the 10.31 entire state, portions of the state, or certain names and 10.32 locations of infested properties. 10.33 (b) Regulated quarantine areas may be subdivided into 10.34 suppression areas and generally infested areas if it is 10.35 desirable to control movement into suppression areas from 10.36 generally infested areas. 11.1 (c) Quarantine provisions or areas regulated may be amended 11.2 by the commissioner through publication of a notice to that 11.3 effect in local newspapers or through direct written notice to 11.4 affected property owners. 11.5 (d) If an infestation in a specific regulated area has been 11.6 eliminated to the extent that movement of the regulated articles 11.7 no longer present a pest risk, the quarantine in that area may 11.8 be removed. The commissioner may also exempt areas from 11.9 specified requirements until eradication has been achieved. 11.10 Subd. 4. [MOVEMENT OF REGULATED ARTICLES.] (a) A regulated 11.11 article that is prohibited or is required to be certified and 11.12 that comes from an area regulated by a state or federal 11.13 quarantine, may be refused entry into this state. The owner or 11.14 carrier of regulated articles that are reportedly originating in 11.15 nonregulated areas of a quarantined state must provide proof of 11.16 origin of the regulated articles. An invoice, waybill, or other 11.17 shipping document satisfactory to the receiving state regulatory 11.18 official is acceptable as proof of origin. 11.19 (b) Certificates or permits are required for the movement 11.20 of regulated articles from a regulated area to any point outside 11.21 the regulated area. Certificates or permits are not required 11.22 for a regulated article originating outside of a regulated area 11.23 moving to another nonregulated area or moving through or 11.24 reshipped from a regulated area when the point of origin of the 11.25 article is clearly indicated on a waybill, bill of lading, 11.26 shipper's invoice, or other similar document accompanying the 11.27 shipment. Shipments moving through or being reshipped from a 11.28 regulated area must be safeguarded against infestation while 11.29 within the regulated area. 11.30 Subd. 5. [PUBLIC NOTIFICATION OF A STATE QUARANTINE OR 11.31 EMERGENCY REGULATION.] (a) For pest threats of imminent concern, 11.32 the commissioner may declare an emergency quarantine or enact 11.33 emergency orders. 11.34 (b) If circumstances permit, public notice and a public 11.35 hearing must be held to solicit comments regarding the proposed 11.36 state quarantine. If a pest threat is of imminent concern and 12.1 there is insufficient time to allow full public comment on the 12.2 proposed quarantine, the commissioner may impose an emergency 12.3 quarantine until a state quarantine can be implemented. 12.4 (c) Upon establishment of a state quarantine, and upon 12.5 institution of modifications or repeal, notices must be sent to 12.6 the principal parties of interest, including federal and state 12.7 authorities, and to organizations representing the public 12.8 involved in the restrictive measures. 12.9 Subd. 6. [QUARANTINE REPEAL.] A quarantine may be repealed 12.10 when its purpose has been accomplished. If a quarantine has 12.11 attained its objective or if the progress of events has clearly 12.12 proved that attainment is not possible by the restrictions 12.13 adopted, a quarantine may be modified or repealed. 12.14 Sec. 7. [18G.07] [TREE CARE AND TREE TRIMMING COMPANY 12.15 REGISTRY.] 12.16 Subdivision 1. [PURPOSE.] Gypsy moth, emerald ash borer, 12.17 Asian long-horned beetles, and other serious exotic forest pests 12.18 are introduced into noninfested areas by the movement of 12.19 infested wood, branches, logs, and brush. Prompt notification 12.20 and communication with tree care companies and tree trimmers 12.21 greatly enhances the capability of the commissioner to limit or 12.22 restrict the movement of such infested material. 12.23 Subd. 2. [CREATION OF REGISTRY.] The commissioner may 12.24 maintain a list of all persons and companies that provide tree 12.25 care or tree trimming services in Minnesota. All tree care 12.26 providers, tree trimmers, and persons who remove trees, limbs, 12.27 branches, brush, or shrubs for hire must provide the following 12.28 information to the commissioner: 12.29 (1) accurate and up-to-date business name, address, and 12.30 telephone number; 12.31 (2) a complete list of all Minnesota counties in which they 12.32 work; and 12.33 (3) a complete list of persons in the business who are 12.34 certified by the International Society of Arborists. 12.35 Subd. 3. [INFORMATION DISSEMINATION.] The commissioner 12.36 shall provide registered tree care companies with information 13.1 and data regarding any existing or potential regulated forest 13.2 pest infestations within the state. 13.3 Sec. 8. [18G.09] [SHIPMENT OF PLANT PESTS AND BIOLOGICAL 13.4 CONTROL AGENTS.] 13.5 Shipment, introduction into, or release in Minnesota of a 13.6 plant pest, noxious weed, or other organism that may directly or 13.7 indirectly affect Minnesota's plant life as a harmful or 13.8 dangerous pest, parasite, or predator of other organisms, or any 13.9 arthropod, is prohibited, except under permit issued by the 13.10 commissioner. 13.11 No person may sell, offer for sale, move, convey, 13.12 transport, deliver, ship, or offer for shipment, any plant pest, 13.13 or biological control agent, without a permit from the United 13.14 States Department of Agriculture, Animal and Plant Health 13.15 Inspection Service or its state equivalent. A permit may be 13.16 issued only after the commissioner determines that the proposed 13.17 shipment or use will not create a hazard to the agricultural, 13.18 forest, or horticultural interests of this state or the state's 13.19 general environmental quality. For interstate movement, the 13.20 permit must be affixed conspicuously to the exterior of each 13.21 shipping container, box, package, or appliance; accompany each 13.22 shipping container, box, package, or appliance; or comply with 13.23 other directions of the commissioner. This section does not 13.24 apply to intrastate shipments of federal or state approved 13.25 biological control agents used in this state for control of 13.26 plant pests. Shipping containers must be escape-proof and the 13.27 commissioner shall specify labeling and shipping protocols. 13.28 Sec. 9. [18G.10] [EXPORT CERTIFICATION, INSPECTIONS, 13.29 CERTIFICATES, PERMITS, AND FEES.] 13.30 Subdivision 1. [FINDINGS; PURPOSE.] Most foreign countries 13.31 and several states have quarantines, restrictions, or 13.32 phytosanitary requirements, and regulations that must be met 13.33 before a plant or plant product may be imported into their 13.34 country or state. To ensure continued access to foreign and 13.35 domestic markets, the commissioner shall provide inspection and 13.36 certification services to ensure that appropriate phytosanitary 14.1 restrictions or requirements are fully met. 14.2 Subd. 2. [PLANT PROTECTION ACCOUNT.] A plant protection 14.3 account is established in the state treasury. All fees 14.4 collected under this section must be deposited in the state 14.5 treasury and credited to the plant protection account. Money in 14.6 this account is appropriated to the commissioner to pay costs 14.7 associated with providing export certification and plant 14.8 protection permits and certificates for Minnesota agricultural 14.9 and plant products. Penalties collected under this section in 14.10 the enforcement of this chapter must be deposited in the plant 14.11 protection account. 14.12 Subd. 3. [COOPERATIVE AGREEMENTS.] The commissioner may 14.13 enter into cooperative agreements with federal and state 14.14 agencies for administration of the export certification 14.15 program. An exporter of plants or plant products desiring to 14.16 originate shipments from Minnesota to a foreign country 14.17 requiring a phytosanitary or export certificate must submit an 14.18 application to the commissioner. 14.19 Subd. 4. [PHYTOSANITARY AND EXPORT 14.20 CERTIFICATES.] Application for phytosanitary or export 14.21 certificates must be made on forms provided or approved by the 14.22 commissioner. The commissioner shall conduct inspections of 14.23 plants, plant products, or facilities for persons that have 14.24 applied for or intend to apply for a phytosanitary or export 14.25 certificate from the commissioner. Inspections must include one 14.26 or more of the following as requested or required: 14.27 (1) an inspection of the plants or plant products intended 14.28 for export under a phytosanitary or export certificate; 14.29 (2) field inspections of growing plants to determine 14.30 presence or absence of plant diseases, if necessary; 14.31 (3) laboratory diagnosis for presence or absence of plant 14.32 diseases, if necessary; 14.33 (4) observation and evaluation of procedures and facilities 14.34 utilized in handling plants and plant products, if necessary; 14.35 and 14.36 (5) review of United States Department of Agriculture, 15.1 Federal Grain Inspection Service Official Export Grain 15.2 Inspection Certificate logs. 15.3 The commissioner may issue a phytosanitary or export 15.4 certificate if the plants or plant products satisfactorily meet 15.5 the requirements of the importing foreign country and the United 15.6 States Department of Agriculture requirements. The requirements 15.7 of the destination countries must be met by the applicant. 15.8 Subd. 5. [CERTIFICATE FEES.] The commissioner shall assess 15.9 the following fees for the inspection, service, and work 15.10 performed in carrying out the issuance of a phytosanitary or 15.11 export certificate. The inspection fee must be based on mileage 15.12 and inspection time. 15.13 (a) Mileage charge: current United States Internal Revenue 15.14 Service mileage rate. 15.15 (b) Inspection time: $50 per hour minimum or fee necessary 15.16 to cover department costs. Inspection time includes the driving 15.17 time to and from the location in addition to the time spent 15.18 conducting the inspection. 15.19 (c) A fee must be charged for any certificate issued that 15.20 requires laboratory analysis before issuance. The fee must be 15.21 deposited into the laboratory account as authorized in section 15.22 17.85. 15.23 (d) Certificate fee for product value greater than $250. A 15.24 fee of $75 must be assessed for each phytosanitary or export 15.25 certificate issued for any single shipment valued at more than 15.26 $250 in addition to any mileage or inspection time charges that 15.27 are assessed. 15.28 (e) Certificate fee for product value less than $250. A 15.29 fee of $25 must be assessed for each phytosanitary or export 15.30 certificate issued for any single shipment valued at less than 15.31 $250 in addition to any mileage or inspection time charges that 15.32 are assessed. 15.33 Subd. 6. [CERTIFICATE DENIAL OR CANCELLATION.] The 15.34 commissioner may deny or cancel the issuance of a phytosanitary 15.35 or export certificate for any of the following reasons: 15.36 (1) failure of the plants or plant products to meet 16.1 quarantine, regulations, and requirements imposed by the country 16.2 for which the phytosanitary or export certificate is being 16.3 requested; 16.4 (2) failure to completely or accurately provide the 16.5 information requested on the application form; 16.6 (3) failure to ship the exact plants or plant products 16.7 which were inspected and approved; or 16.8 (4) failure to pay any fees or costs due the commissioner. 16.9 Subd. 7. [PLANT PROTECTION INSPECTIONS, CERTIFICATES, 16.10 PERMITS, AND FEES.] (a) The commissioner may provide inspection, 16.11 sampling, or certification services to ensure that Minnesota 16.12 plant products or commodities meet import requirements of other 16.13 states or countries. 16.14 (b) The state plant regulatory official may issue permits 16.15 and certificates verifying that various Minnesota agricultural 16.16 products or commodities meet specified phytosanitary 16.17 requirements, treatment requirements, or pest absence assurances 16.18 based on determinations by the commissioner. The commissioner 16.19 may collect fees sufficient to recover costs for these permits 16.20 or certificates. The fees must be deposited in the plant 16.21 protection account. 16.22 Sec. 10. [18G.11] [COOPERATION WITH OTHER JURISDICTIONS.] 16.23 The commissioner may enter into cooperative agreements with 16.24 organizations, persons, civic groups, governmental agencies, or 16.25 other organizations to adopt and execute plans to detect and 16.26 control areas infested or infected with harmful plant pests. 16.27 The cooperative agreements may include provisions of joint 16.28 funding of any control treatment. 16.29 If a harmful plant pest infestation or infection occurs and 16.30 cannot be adequately controlled by individual persons, owners, 16.31 tenants, or local units of government, the commissioner may 16.32 conduct the necessary control measures independently or on a 16.33 cooperative basis with federal or other units of government. 16.34 Sec. 11. [18G.12] [INVASIVE SPECIES MANAGEMENT AND 16.35 INVESTIGATION.] 16.36 Subdivision 1. [PLANT PEST AND INVASIVE SPECIES RESEARCH.] 17.1 The commissioner shall conduct research to prevent the 17.2 introduction or spread of invasive species and plant pests into 17.3 the state and to investigate the feasibility of their control or 17.4 eradication. 17.5 Subd. 2. [STATEWIDE PROGRAM.] The commissioner shall 17.6 establish a statewide program to prevent the introduction and 17.7 the spread of harmful plant pest and terrestrial invasive 17.8 species. To the extent possible, the program must provide 17.9 coordination of efforts among governmental entities and private 17.10 organizations. 17.11 Subd. 3. [INVASIVE SPECIES MANAGEMENT PLAN.] The 17.12 commissioner shall prepare and maintain a long-term terrestrial 17.13 invasive species management plan which may include specific 17.14 plans for individual species. The plan must address: 17.15 (1) coordination strategies for detection and prevention of 17.16 accidental introductions; 17.17 (2) methods to disseminate information about harmful 17.18 invasive species to the general public and appropriate 17.19 agricultural and resource management agencies or organizations; 17.20 (3) coordination of control efforts for selected harmful 17.21 terrestrial invasive species; and 17.22 (4) participation by local units of government and other 17.23 state and federal agencies in the development and implementation 17.24 of local management efforts. 17.25 Subd. 4. [REGIONAL COOPERATION.] The commissioner shall 17.26 seek cooperation with other states and Canadian provinces for 17.27 the purposes of management and control of harmful invasive 17.28 species. 17.29 Subd. 5. [INVASIVE SPECIES ANNUAL REPORT.] By January 15 17.30 of each year, the commissioner shall submit a report on harmful 17.31 terrestrial invasive species to the chairs of the legislative 17.32 committees having jurisdiction over environmental and 17.33 agricultural resource issues. The report must include: 17.34 (1) detailed information on expenditures for 17.35 administration, education, management, inspections, surveys, and 17.36 research; 18.1 (2) an overview of accomplishments achieved during the 18.2 prior calendar year; 18.3 (3) an analysis of the effectiveness of management 18.4 activities; 18.5 (4) information related to the participation of other state 18.6 and local units of government; 18.7 (5) information about shade tree protection efforts and 18.8 results; 18.9 (6) an assessment of future management needs; and 18.10 (7) proposed goals for the coming year. 18.11 Sec. 12. [18G.13] [LOCAL PEST CONTROL.] 18.12 Subdivision 1. [PURPOSE.] The purpose of this section is 18.13 to authorize subdivisions of state government to establish and 18.14 fund their own programs to control pests that are likely to 18.15 cause economic or environmental harm or harm to human health. 18.16 Subd. 2. [CONTROL.] The governing body of any county, 18.17 city, or town may appropriate money for the control of native or 18.18 exotic pests. 18.19 Subd. 3. [COST.] The governing body of the political 18.20 subdivision may levy a tax on the taxable property within the 18.21 subdivision to defray the cost of the activities authorized 18.22 under subdivision 2. 18.23 Subd. 4. [CERTIFICATES OF INDEBTEDNESS.] To provide funds 18.24 for such activities in advance of collection of the tax levies 18.25 under subdivision 3, the governing body may, at any time after 18.26 the tax has been levied and certified to the county auditor for 18.27 collection, issue certificates of indebtedness in anticipation 18.28 of the collection and payment of the tax. The total amount of 18.29 the certificates, including principal and interest, must not 18.30 exceed 90 percent of the amount of the levy and must be payable 18.31 from the proceeds of the levy no later than two years from the 18.32 date of issuance. They must be issued on terms and conditions 18.33 determined by the governing body and must be sold as provided in 18.34 section 475.60. If the governing body determines that an 18.35 emergency exists, it may make appropriations from the proceeds 18.36 of the certificates for authorized purposes without complying 19.1 with statutory or charter provisions requiring that expenditures 19.2 be based on a prior budget authorization or other budgeting 19.3 requirements. 19.4 Subd. 5. [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] The 19.5 proceeds of a tax levied under subdivision 3 or an issue of 19.6 certificates of indebtedness under subdivision 4 must be 19.7 deposited in the municipal treasury in a separate fund and spent 19.8 only for purposes authorized by this section. If no 19.9 disbursement is made from the fund for a period of five years, 19.10 any money remaining in the fund may be transferred to the 19.11 general fund. 19.12 Subd. 6. [PENALTY.] A person who prevents, obstructs, or 19.13 interferes with the county authorities or their agents in 19.14 carrying out subdivisions 2 to 5, or neglects to comply with the 19.15 rules and regulations of the county commissioners adopted under 19.16 authority of those subdivisions, is guilty of a misdemeanor. 19.17 Subd. 7. [REGULATIONS; SCOPE.] A city council, board of 19.18 county commissioners, or town board may by resolution or 19.19 ordinance adopt and enforce regulations to control and prevent 19.20 the spread of plant pests and diseases. The regulations may 19.21 authorize appropriate officers and employees to: 19.22 (1) enter and inspect any public or private place that 19.23 might harbor plant pests; 19.24 (2) provide for the summary removal of diseased trees from 19.25 public or private places if necessary to prevent the spread of 19.26 the disease; 19.27 (3) require the owner to destroy or treat plant pests, 19.28 diseased or invasive plants, or other infested material; and 19.29 (4) provide for the work at the expense of the owner. 19.30 The expense must be a lien upon the property and may be 19.31 collected as a special assessment as provided by section 429.101 19.32 or by charter. In this subdivision, "private place" means every 19.33 place except a private home. 19.34 Sec. 13. [18G.14] [MOSQUITO ABATEMENT.] 19.35 Subdivision 1. [DECLARATION OF POLICY.] The abatement or 19.36 suppression of mosquitoes is advisable and necessary for the 20.1 maintenance and improvement of the health, welfare, and 20.2 prosperity of the people. Areas where mosquitoes incubate or 20.3 hatch are declared to be public nuisances and may be abated 20.4 under this section. Mosquito abatement may be undertaken under 20.5 sections 18.041 to 18.161 anywhere in the state by any 20.6 governmental unit. 20.7 Subd. 2. [ESTABLISHING LOCAL BOARD.] A governmental unit 20.8 may engage in mosquito abatement and establish a mosquito 20.9 abatement board upon adoption of a resolution to that effect by 20.10 its governing body or upon adoption of a proposal to that effect 20.11 by the voters of the governmental unit in the manner provided in 20.12 subdivision 3. 20.13 Subd. 3. [PETITION; HEARING; ELECTION.] If a petition 20.14 signed by five percent of the property owners or 250 owners, 20.15 whichever is less, is presented to a governing body requesting 20.16 the governmental unit to engage in mosquito abatement, a public 20.17 hearing must be held on the petition by the governing body 20.18 within 15 days of presentation of the petition. If the 20.19 governing body does not, within 15 days after the hearing, adopt 20.20 a resolution to undertake mosquito abatement, the governing body 20.21 must order a vote to be taken at the next regular election or 20.22 town meeting on the proposal to undertake mosquito abatement. 20.23 The governing body must provide ballots to be used at the 20.24 election or meeting. The ballot must bear the words "Shall the 20.25 (governmental unit) of ....... engage in mosquito abatement?" 20.26 If the majority of the votes are affirmative, the governing body 20.27 must take appropriate action as soon as possible to carry on 20.28 mosquito abatement. A proposal to undertake mosquito abatement 20.29 that is rejected by the voters must not be resubmitted to the 20.30 voters for two years. 20.31 Subd. 4. [DISCONTINUING PROGRAM.] If a governmental unit 20.32 by action of its governing body or voters has chosen to engage 20.33 in mosquito abatement, the abatement program may be discontinued 20.34 in the following manner: 20.35 (1) if the mosquito abatement was originally undertaken by 20.36 resolution of the governing body, then by the adoption of a 21.1 resolution to that effect by the governing body, or by the 21.2 adoption of a proposal to that effect by the voters of the 21.3 governmental unit in the manner provided in this subdivision; 21.4 and 21.5 (2) if the mosquito abatement was originally undertaken by 21.6 the adoption of a proposal to that effect by the voters of the 21.7 governmental unit, then only by the adoption of a proposal to 21.8 that effect by the voters of the governmental unit in the manner 21.9 provided in subdivision 5. 21.10 Subd. 5. [PETITION; HEARING; AND ELECTION TO DISCONTINUE.] 21.11 If a petition signed by five percent of the property owners or 21.12 250 owners, whichever is less, is presented to the governing 21.13 body engaged in mosquito abatement requesting it to discontinue 21.14 mosquito abatement, a public hearing must be held on the 21.15 petition by the governing body within 15 days after presentation 21.16 of the petition. If the governing body does not, within 15 days 21.17 after the hearing, adopt a resolution to discontinue mosquito 21.18 abatement, the governing body must order a vote to be taken at 21.19 the next regular election or town meeting on the proposal to 21.20 discontinue mosquito abatement. The governing body shall 21.21 provide ballots to be used at the election or meeting. The 21.22 ballot must bear the words "Shall the (governmental unit) of 21.23 ....... discontinue mosquito abatement?" If a majority of the 21.24 votes are affirmative, the governing body must take appropriate 21.25 action as soon as possible to discontinue mosquito abatement. A 21.26 proposal to discontinue mosquito abatement that is rejected by 21.27 the voters must not be resubmitted to the voters for two years. 21.28 Subd. 6. [ABATEMENT BOARD.] A governing body that has 21.29 decided, in the manner required by this section, to engage in 21.30 mosquito abatement, shall appoint three persons to serve as 21.31 members of a mosquito abatement board with powers specified in 21.32 subdivision 8. Each member of the board holds office at the 21.33 pleasure of the governing body and serves without compensation, 21.34 except that board members may be reimbursed for actual expenses 21.35 incurred in fulfilling board duties. 21.36 Subd. 7. [OFFICERS; MEETINGS.] Immediately after 22.1 appointment of the board and at the first meeting in each 22.2 succeeding calendar year, the board shall elect a chair, a 22.3 secretary, a treasurer, and other necessary officers. The board 22.4 shall provide for the time and place of holding regular meetings 22.5 and may establish rules for proceedings. All meetings of the 22.6 board are open to the public. Two members of the board 22.7 constitute a quorum, but one member may adjourn from day to 22.8 day. The board shall keep a written record of its proceedings 22.9 and an itemized account of all expenditures and disbursements 22.10 and that record and account must be open at all reasonable times 22.11 for public inspection. 22.12 Subd. 8. [POWERS OF BOARD.] A mosquito abatement board and 22.13 a joint board established under section 18.131 may, either by 22.14 board action or through its members, officers, agents, or 22.15 employees, as may be appropriate: 22.16 (1) enter any property within the governmental unit at 22.17 reasonable times to determine whether mosquito breeding exists; 22.18 (2) take necessary and proper steps for the abatement of 22.19 mosquitoes and other insects and arachnids, such as ticks, 22.20 mites, and spiders, as the commissioner may designate; 22.21 (3) subject to the paramount control of county and state 22.22 authorities, lagoon and clean up any stagnant pool of water and 22.23 clean up shores of lakes and streams and other mosquito breeding 22.24 places; 22.25 (4) spray with insecticides, approved by the commissioner, 22.26 areas in the governmental unit found to be breeding places for 22.27 mosquitoes or other insects or arachnids designated under clause 22.28 (2); 22.29 (5) purchase supplies and equipment and employ persons 22.30 necessary and proper for mosquito abatement; 22.31 (6) accept gifts of money or equipment to be used for 22.32 mosquito abatement; and 22.33 (7) enter into contracts necessary to accomplish mosquito 22.34 abatement. 22.35 Subd. 9. [COOPERATE WITH STATE DEPARTMENTS.] Each mosquito 22.36 abatement board and each governmental unit engaged in mosquito 23.1 abatement shall cooperate with the University of Minnesota, the 23.2 commissioners of agriculture, health, natural resources, and 23.3 transportation, and the agricultural experiment station. 23.4 Subd. 10. [TAX LEVY.] An annual tax may be levied for 23.5 mosquito abatement purposes on all taxable property in any 23.6 governmental unit undertaking mosquito abatement under this 23.7 section. The tax must be certified, levied, and collected in 23.8 the same manner as other taxes levied by the governmental unit. 23.9 Subd. 11. [CERTIFICATES OF INDEBTEDNESS.] At any time 23.10 after the annual tax levy has been certified to the county 23.11 auditor, and not earlier than October 10 in any year, any 23.12 governing body may, for the purpose of providing the necessary 23.13 funds for mosquito abatement for the succeeding year, by 23.14 resolution, issue and sell as many certificates of indebtedness 23.15 as may be needed in anticipation of the collection of taxes 23.16 levied under subdivision 10. Certificates must not be issued in 23.17 excess of 50 percent of the amount of the tax levy, as spread by 23.18 the county auditor, to be collected for mosquito abatement. No 23.19 certificate may be issued to become due and payable later than 23.20 December 31 of the year succeeding the year in which the tax 23.21 levy was made. The certificates must not be sold for less than 23.22 par and accrued interest, and must not bear a greater rate of 23.23 interest than five percent per annum. Each certificate must 23.24 state upon its face that the proceeds of the certificate must be 23.25 used for the mosquito abatement fund, the total amount of the 23.26 certificates issued, and the amount embraced in the tax levy for 23.27 that particular purpose. The certificates must be numbered 23.28 consecutively and be in denominations of $100 or multiples of 23.29 $100, may have interest coupons attached, and must be otherwise 23.30 of a form, on terms, and made payable at a place that will best 23.31 aid in their negotiation. The proceeds of the tax assessed and 23.32 collected on account of the mosquito abatement fund must be 23.33 irrevocably pledged for the redemption of the certificates 23.34 issued. The certificates must be paid solely from the money 23.35 derived from the levy for the year against which the 23.36 certificates were issued, or, if they are not sufficient for 24.1 that purpose, from the levy for the mosquito abatement fund in 24.2 the next succeeding year. The money derived from the sale of 24.3 the certificates must be credited to the mosquito abatement fund 24.4 for the calendar year immediately succeeding the making of the 24.5 levy and may not be used or spent until the succeeding year. No 24.6 certificates for any year may be issued until all certificates 24.7 for prior years have been paid. No certificates may be extended. 24.8 Subd. 12. [DEPOSIT AND USE OF FUNDS.] All money received 24.9 for mosquito abatement purposes, either by way of tax collection 24.10 or the sale of certificates of indebtedness, must be deposited 24.11 in the treasury of the governmental unit to the credit of a 24.12 special fund to be designated as the mosquito abatement fund, 24.13 must not be used for any other purpose, and must be drawn upon 24.14 by the proper officials upon the properly authenticated voucher 24.15 of the mosquito abatement board. No money may be paid from the 24.16 fund except on orders drawn upon the officer of the governmental 24.17 unit having charge of the custody of the mosquito abatement fund 24.18 and signed by the chair and the secretary of the mosquito 24.19 abatement board. Each mosquito abatement board shall annually 24.20 file an itemized statement of all receipts and disbursements 24.21 with its governing body. 24.22 Subd. 13. [DUTIES OF COMMISSIONER.] The commissioner: 24.23 (1) may establish rules for the conduct of mosquito 24.24 abatement operations of governmental units and boards engaged in 24.25 mosquito abatement; and 24.26 (2) is an ex officio member of a mosquito abatement board. 24.27 The commissioner may appoint representatives to act for the 24.28 commissioner as ex officio members of boards. 24.29 Subd. 14. [NATURAL RESOURCES.] The commissioner of natural 24.30 resources must approve mosquito abatement plans or order 24.31 modifications the commissioner of natural resources considers 24.32 necessary for the protection of public water, wild animals, and 24.33 natural resources before control operations are started on state 24.34 lands administered by the commissioner of natural resources or 24.35 in public waters listed on the department of natural resources 24.36 public waters inventory. The commissioner of natural resources 25.1 may make necessary modifications in an approved plan or revoke 25.2 approval of a plan at any time upon written notice to the 25.3 governing body or mosquito abatement board. 25.4 Subd. 15. [COOPERATION BETWEEN GOVERNMENTAL UNITS.] If two 25.5 or more adjacent governmental units have authorized mosquito 25.6 abatement and appointed the members of the mosquito abatement 25.7 board, the governing bodies may, by written contract, arrange 25.8 for pooling mosquito abatement funds, apportioning all costs, 25.9 cooperating in the use of equipment and personnel, and engaging 25.10 jointly in mosquito abatement upon terms and conditions and 25.11 subject to mutually agreed upon rules. The immediate control 25.12 and management of the joint project may, by the terms of the 25.13 written contract, be entrusted to a joint committee composed of 25.14 the chair of each of the boards or other board members. 25.15 Subd. 16. [UNORGANIZED TOWNS; POWERS OF COUNTY BOARD.] In 25.16 any town that is unorganized politically, the county board of 25.17 the county in which the town is situated has all the rights, 25.18 powers, and duties conferred by this section upon the governing 25.19 bodies of towns, including town boards, and the county board 25.20 must act as though it were the governing body and town board of 25.21 that town and may authorize and undertake mosquito abatement in 25.22 the town and cause taxes to be levied for mosquito abatement the 25.23 same as though the town were organized politically and the 25.24 county board were the governing body and town board. The cost 25.25 of mosquito abatement in such a town must be paid solely by a 25.26 tax levy on the property within the town where mosquito 25.27 abatement is undertaken and no part of the expense of mosquito 25.28 abatement in that town may be a county expense or paid by the 25.29 county. 25.30 Subd. 17. [COST OF STATE'S SERVICE; REFUNDS.] The actual 25.31 cost to the state of any service rendered or expense incurred by 25.32 the commissioner of agriculture or natural resources under this 25.33 section for the benefit of a mosquito abatement board must be 25.34 reimbursed by the appropriate governmental unit. 25.35 Sec. 14. [18G.16] [SHADE TREE PEST AND DISEASE CONTROL.] 25.36 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 26.1 subdivision apply to this section. 26.2 (b) "Metropolitan area" means the counties of Anoka, 26.3 Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 26.4 (c) "Municipality" means a home rule charter or statutory 26.5 city or a town located in the metropolitan area that exercises 26.6 municipal powers under section 368.01 or any general or special 26.7 law; a special park district organized under chapter 398; a 26.8 special-purpose park and recreation board organized under the 26.9 city charter of a city of the first class located in the 26.10 metropolitan area; a county in the metropolitan area for the 26.11 purposes of county-owned property or any portion of a county 26.12 located outside the geographic boundaries of a city or a town 26.13 exercising municipal powers; and a municipality or county 26.14 located outside the metropolitan area with an approved disease 26.15 control program. 26.16 (d) "Shade tree disease" means Dutch elm disease, oak wilt, 26.17 or any disorder affecting the growth and life of shade trees. 26.18 (e) "Wood utilization or disposal system" means facilities, 26.19 equipment, or systems used for the removal and disposal of 26.20 diseased shade trees, including collection, transportation, 26.21 processing, or storage of wood and assisting in the recovery of 26.22 materials or energy from wood. 26.23 (f) "Approved disease control program" means a municipal 26.24 plan approved by the commissioner to control shade tree disease. 26.25 (g) "Disease control area" means an area approved by the 26.26 commissioner within which a municipality will conduct an 26.27 approved disease control program. 26.28 (h) "Sanitation" means the identification, inspection, 26.29 disruption of a common root system, girdling, trimming, removal, 26.30 and disposal of dead or diseased wood of shade trees, including 26.31 subsidies for trees removed pursuant to subdivision 4, on public 26.32 or private property within a disease control area. 26.33 (i) "Reforestation" means the replacement of shade trees 26.34 removed from public property and the planting of a tree as part 26.35 of a municipal disease control program. For purposes of this 26.36 paragraph, "public property" includes private property within 27.1 five feet of the boulevard or street terrace in a city that 27.2 enacted an ordinance on or before January 1, 1977, that 27.3 prohibits or requires a permit for the planting of trees in the 27.4 public right-of-way. 27.5 Subd. 2. [COMMISSIONER TO ADOPT RULES.] The commissioner 27.6 may adopt rules relating to shade tree pest and disease control 27.7 in any municipality. The rules must prescribe control measures 27.8 to be used to prevent the spread of shade tree pests and 27.9 diseases and must include the following: 27.10 (1) a definition of shade tree; 27.11 (2) qualifications for tree inspectors; 27.12 (3) methods of identifying diseased or infested shade 27.13 trees; 27.14 (4) procedures for giving reasonable notice of inspection 27.15 of private real property; 27.16 (5) measures for the removal of any shade tree which may 27.17 contribute to the spread of shade tree pests or disease and for 27.18 reforestation of pest or disease control areas; 27.19 (6) approved methods of treatment of shade trees; 27.20 (7) criteria for priority designation areas in an approved 27.21 pest or disease control program; and 27.22 (8) any other matters determined necessary by the 27.23 commissioner to prevent the spread of shade tree pests or 27.24 disease and enforce this section. 27.25 Subd. 3. [DIAGNOSTIC LABORATORY.] The commissioner shall 27.26 operate a diagnostic laboratory for culturing diseased or 27.27 infested trees for positive identification of diseased or 27.28 infested shade trees. 27.29 Subd. 4. [COOPERATION BY UNIVERSITY.] The University of 27.30 Minnesota College of Natural Resources shall cooperate with the 27.31 department in control of shade tree disease, pests, and 27.32 disorders and management of shade tree populations. The College 27.33 of Natural Resources shall cooperate with the department to 27.34 conduct tree inspector certification and recertification 27.35 workshops for certified tree inspectors. The College of Natural 27.36 Resources shall also conduct research into means for identifying 28.1 diseased shade trees, develop and evaluate control measures, and 28.2 develop means for disposing of and using diseased shade trees. 28.3 Subd. 5. [EXPERIMENTAL PROGRAMS.] The commissioner may 28.4 establish experimental programs for sanitation or treatment of 28.5 shade tree diseases and for research into tree varieties most 28.6 suitable for municipal reforestation. The research must include 28.7 considerations of disease resistance, energy conservation, and 28.8 other factors considered appropriate. The commissioner may make 28.9 grants to municipalities or enter into contracts with 28.10 municipalities, nurseries, colleges, universities, or state or 28.11 federal agencies in connection with experimental shade tree 28.12 programs including research to assist municipalities in 28.13 establishing priority designation areas for shade tree disease 28.14 control and energy conservation. 28.15 Subd. 6. [REMOVAL OF DISEASED OR INFESTED TREES.] After 28.16 reasonable notice of inspection, an owner of real property 28.17 containing a shade tree that is diseased, infested, or may 28.18 contribute to the spread of pests or disease, must remove or 28.19 treat the tree within the period of time and in the manner 28.20 established by the commissioner. Trees that are not removed in 28.21 compliance with the commissioner's rules must be declared a 28.22 public nuisance and removed or treated by approved methods by 28.23 the municipality which may assess all or part of the expense, 28.24 limited to the lowest contract rates available that include wage 28.25 levels which meet Minnesota minimum wage standards, to the 28.26 property and the expense becomes a lien on the property. A 28.27 municipality may assess not more than 50 percent of the expense 28.28 of treating with an approved method or removing diseased shade 28.29 trees located on street terraces or boulevards to the abutting 28.30 properties and the assessment becomes a lien on the property. 28.31 Subd. 7. [RULES; APPLICABILITY TO MUNICIPALITIES.] The 28.32 rules of the commissioner apply in a municipality unless the 28.33 municipality adopts an ordinance determined by the commissioner 28.34 to be more stringent than the rules of the commissioner. The 28.35 rules of the commissioner or the municipality apply to all state 28.36 agencies, special purpose districts, and metropolitan 29.1 commissions as defined in section 473.121, subdivision 5a, that 29.2 own or control land adjacent to or within a shade tree disease 29.3 control area in Laws 1975, chapter 253. 29.4 Subd. 8. [GRANTS TO MUNICIPALITIES.] (a) The commissioner 29.5 may, in the name of the state and within the limit of 29.6 appropriations provided, make a grant to a municipality with an 29.7 approved disease control program for the partial funding of 29.8 municipal sanitation and reforestation programs to replace trees 29.9 lost to disease or natural disaster. The commissioner may make 29.10 a grant to a home rule charter or statutory city, a special 29.11 purpose park and recreation board organized under a charter of a 29.12 city of the first class, a nonprofit corporation serving a city 29.13 of the first class, or a county having an approved disease 29.14 control program for the acquisition or implementation of a wood 29.15 use or disposal system. 29.16 (b) The commissioner shall adopt rules for the 29.17 administration of grants under this subdivision. The rules must 29.18 contain: 29.19 (1) procedures for grant applications; 29.20 (2) conditions and procedures for the administration of 29.21 grants; 29.22 (3) criteria of eligibility for grants including, but not 29.23 limited to, those specified in this subdivision; and 29.24 (4) other matters the commissioner may find necessary to 29.25 the proper administration of the grant program. 29.26 (c) Grants for wood utilization and disposal systems made 29.27 by the commissioner under this subdivision must not exceed 50 29.28 percent of the total cost of the system. Grants for sanitation 29.29 and reforestation must be combined into one grant program. 29.30 Grants to a municipality for sanitation must not exceed 50 29.31 percent of sanitation costs approved by the commissioner 29.32 including any amount of sanitation costs paid by special 29.33 assessments, ad valorem taxes, federal grants, or other funds. 29.34 A municipality must not specially assess a property owner an 29.35 amount greater than the amount of the tree's sanitation cost 29.36 minus the amount of the tree's sanitation cost reimbursed by the 30.1 commissioner. Grants to municipalities for reforestation must 30.2 not exceed 50 percent of the wholesale cost of the tree planted 30.3 under the reforestation program; provided that a reforestation 30.4 grant to a county may include 90 percent of the cost of the 30.5 first 50 trees planted on public property in a town not included 30.6 in the definition of municipality in subdivision 1 and of less 30.7 than 1,000 population upon the town's application to the 30.8 county. Reforestation grants to towns and home rule charter or 30.9 statutory cities of less than 4,000 population with an approved 30.10 disease control program may include 90 percent of the cost of 30.11 the first 50 trees planted on public property with the approval 30.12 of the 1979 application. The governing body of a municipality 30.13 that receives a reforestation grant under this section must 30.14 appoint up to seven residents of the municipality or designate 30.15 an existing municipal board or committee to serve as a 30.16 reforestation advisory committee to advise the governing body of 30.17 the municipality in the administration of the reforestation 30.18 program. For the purpose of this subdivision, "cost" does not 30.19 include the value of a gift or dedication of trees required by a 30.20 municipal ordinance but does include documented "in-kind" 30.21 services or voluntary work for municipalities with a population 30.22 of less than 1,000 according to the most recent federal census. 30.23 (d) Based upon estimates submitted by the municipality to 30.24 the commissioner, which state the estimated costs of sanitation 30.25 and reforestation in the succeeding quarter under an approved 30.26 program, the commissioner shall direct quarterly advance 30.27 payments to be made by the state to the municipality commencing 30.28 April 1. The commissioner shall direct adjustment of any 30.29 overestimate in a succeeding quarter. A municipality may elect 30.30 to receive the proceeds of its sanitation and reforestation 30.31 grants on a periodic cost reimbursement basis. 30.32 (e) A home rule charter or statutory city, county outside 30.33 the metropolitan area, or any municipality, as defined in 30.34 subdivision 1, may submit an application for a grant authorized 30.35 by this subdivision concurrently with its request for approval 30.36 of a disease control program. 31.1 (f) The commissioner shall not make grants for sanitation 31.2 and reforestation or wood utilization and disposal systems in 31.3 excess of 67 percent of the amounts appropriated for those 31.4 purposes to the municipalities located within the metropolitan 31.5 area, as defined in subdivision 1. 31.6 Subd. 9. [SUBSIDIES TO CERTAIN OWNERS.] A municipality may 31.7 provide subsidies to nonprofit organizations, to owners of 31.8 private residential property of five acres or less, to owners of 31.9 property used for a homestead of more than five acres but less 31.10 than 20 acres, and to nonprofit cemeteries for the approved 31.11 treatment or removal of diseased shade trees. 31.12 Notwithstanding any law to the contrary, an owner of 31.13 property on which shade trees are located may contract with a 31.14 municipality to provide protection against the cost of approved 31.15 treatment or removal of diseased shade trees or shade trees that 31.16 will contribute to the spread of shade tree diseases. Under the 31.17 contract, the municipality must pay for the removal or approved 31.18 treatment under terms and conditions determined its governing 31.19 body. 31.20 Subd. 10. [TREE INSPECTOR.] (a) The governing body of each 31.21 municipality may appoint a qualified tree inspector. In 31.22 accordance with section 471.59, two or more municipalities may 31.23 jointly appoint a tree inspector for the purpose of 31.24 administering the rules or ordinances in their communities. If 31.25 a municipality has not appointed a tree inspector by January 1 31.26 in any year, the commissioner may assign a qualified employee of 31.27 the department of agriculture to perform the duties of the tree 31.28 inspector. The expense of a tree inspector appointed by the 31.29 commissioner must be paid by the municipality. If an employee 31.30 of the department of agriculture performs those duties, the 31.31 expense must be billed to the municipality and paid into the 31.32 state treasury and credited to the plant protection account. 31.33 (b) Upon a determination by the commissioner that a 31.34 candidate for the position of tree inspector is qualified, the 31.35 commissioner shall issue a certificate of qualification to the 31.36 tree inspector. The certificate is valid for one year. A 32.1 person certified as a tree inspector by the commissioner is 32.2 authorized upon prior notification to enter and inspect any 32.3 public or private property that might harbor diseased or 32.4 infested shade trees. 32.5 (c) The commissioner may, upon notice and hearing, 32.6 decertify a tree inspector if it appears that the tree inspector 32.7 has failed to act competently or in the public interest in the 32.8 performance of duties. Notice must be provided and a hearing 32.9 conducted according to the provisions of chapter 14 governing 32.10 contested case proceedings. Nothing in this paragraph limits or 32.11 otherwise affects the authority of a municipality to dismiss or 32.12 suspend a tree inspector in its discretion. 32.13 Subd. 11. [FINANCING.] (a) A municipality may collect the 32.14 amount assessed against the property under subdivision 1 as a 32.15 special assessment and may issue obligations as provided in 32.16 section 429.101, subdivision 1. The municipality may, at its 32.17 option, make any assessment levied payable with interest in 32.18 installments not to exceed five years from the date of the 32.19 assessment. 32.20 (b) After a contract for the sanitation or approved 32.21 treatment of trees on private property has been approved or the 32.22 work begun, the municipality may issue obligations to defray the 32.23 expense of the work financed by special assessments imposed upon 32.24 private property. Section 429.091 applies to those obligations 32.25 with the following modifications: 32.26 (1) the obligations must be payable not more than five 32.27 years from the date of issuance; and 32.28 (2) no election is required. 32.29 The certificates must not be included in the net debt of 32.30 the issuing municipality. 32.31 Subd. 12. [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] Proceeds 32.32 of taxes, assessments, and interest collected under this 32.33 section, bonds or certificates of indebtedness issued under 32.34 subdivision 10, and grants received under subdivision 7 must be 32.35 deposited in the municipal treasury in a separate fund and spent 32.36 only for the purposes authorized by this section. 33.1 Subd. 13. [WOOD USE.] The departments of agriculture and 33.2 natural resources, after consultation with the Minnesota shade 33.3 tree advisory committee, may investigate, evaluate, and make 33.4 recommendations to the legislature concerning the potential uses 33.5 of wood from community trees removed due to disease or other 33.6 disorders. These recommendations shall include maximum resource 33.7 recovery through recycling, use as an alternative energy source, 33.8 or use in construction or the manufacture of new products. 33.9 Subd. 14. [SECTIONS 18.021 TO 18.022 33.10 SUPERSEDED.] Provisions of section 18G.16 that are inconsistent 33.11 with Laws 1974, chapter 355, are superseded for a municipality 33.12 as defined in subdivision 1. 33.13 Subd. 15. [MUNICIPAL OPTION TO PARTICIPATE IN 33.14 PROGRAM.] After December 31, 1981, the term "municipality" shall 33.15 include only those municipalities which have informed the 33.16 commissioner of their intent to continue an approved disease 33.17 control program. Any municipality desiring to participate in 33.18 the grants-in-aid for the partial funding of municipal 33.19 sanitation and reforestation programs must notify the 33.20 commissioner in writing before the beginning of the calendar 33.21 year in which it wants to participate and must have an approved 33.22 disease control program during any year in which it receives 33.23 grants-in-aid. Notwithstanding the provisions of any law to the 33.24 contrary, no municipality shall be required to have an approved 33.25 disease control program after December 31, 1981. 33.26 ARTICLE 2 33.27 NURSERY LAW 33.28 Section 1. [18H.01] [POLICY.] 33.29 (a) It is the policy of this state to protect and foster 33.30 the health, prosperity, and general welfare of its people by 33.31 preserving and protecting the plant industry. Due to the 33.32 importance of the plant industry to the welfare and economy of 33.33 the state and the possible damage from the uncontrolled 33.34 proliferation of plant pests, there is a need to impose 33.35 standards and restrictions on the movement and care of plants 33.36 within the state. 34.1 (b) It is the policy of this state to achieve and maintain 34.2 uniformity as much as possible with national standards and with 34.3 other states in regulation and control of sale and distribution 34.4 of nursery stock in this state. 34.5 Sec. 2. [18H.02] [DEFINITIONS.] 34.6 Subdivision 1. [SCOPE.] The definitions in this section 34.7 apply to this chapter. 34.8 Subd. 2. [AGENT.] "Agent" means a person who, on behalf of 34.9 another person, receives on consignment, contracts for, or 34.10 solicits for sale on commission, a plant product from a producer 34.11 of the product or negotiates the consignment or purchase of a 34.12 plant product on behalf of another person. 34.13 Subd. 3. [ANNUAL.] "Annual" means a plant growing in 34.14 Minnesota with a life cycle of less than one year. 34.15 Subd. 4. [BALLED AND BURLAPPED.] "Balled and burlapped" 34.16 means nursery stock with a ball of soil containing the intact 34.17 root system with the ball wrapped in a material intended for 34.18 that use. 34.19 Subd. 5. [BARE ROOT.] "Bare root" means nursery stock with 34.20 the root system substantially free from soil. 34.21 Subd. 6. [CERTIFICATE.] "Certificate" means a document 34.22 authorized or prepared by a federal or state regulatory official 34.23 that affirms, declares, or verifies that a plant, product, 34.24 shipment, or other officially regulated item meets 34.25 phytosanitary, nursery inspection, pest freedom, plant 34.26 registration or certification, or other legal requirements. 34.27 Subd. 7. [CERTIFICATION.] "Certification" means a 34.28 regulatory official's act of affirming, declaring, or verifying 34.29 compliance with phytosanitary, nursery inspection, pest freedom, 34.30 plant registration or certification, or other legal requirements. 34.31 Subd. 8. [CERTIFIED NURSERY STOCK.] "Certified nursery 34.32 stock" means nursery stock which has been officially inspected 34.33 by the commissioner and found apparently free of quarantine and 34.34 regulated nonquarantine pests or significant dangerous or 34.35 potentially damaging plant pests. 34.36 Subd. 9. [COMMISSIONER.] "Commissioner" means the 35.1 commissioner of agriculture or the commissioner's designated 35.2 employee, representative, or agent. 35.3 Subd. 10. [COMPLIANCE AGREEMENT.] "Compliance agreement" 35.4 means a written agreement between a person and a regulatory 35.5 agency to achieve compliance with regulatory requirements. 35.6 Subd. 11. [CONSIGNEE.] "Consignee" means a person to whom 35.7 a plant, nursery stock, horticultural product, or plant product 35.8 is shipped for handling, planting, sale, resale, or any other 35.9 purpose. 35.10 Subd. 12. [CONSIGNOR.] "Consignor" means a person who 35.11 ships or delivers to a consignee a plant, nursery stock, 35.12 horticultural product, or plant product for handling, planting, 35.13 sale, resale, or any other purpose. 35.14 Subd. 13. [CONTAINER.] "Container" means a pot, can, or 35.15 box used to hold and grow plants. 35.16 Subd. 14. [CONTAINERIZED.] "Containerized" means a larger 35.17 transplant placed in a container for marketing purposes. 35.18 Subd. 15. [CONTAINER-GROWN.] "Container-grown" means a 35.19 plant that was produced from a liner or cutting in a container. 35.20 Subd. 16. [DEPARTMENT.] "Department" means the Minnesota 35.21 department of agriculture. 35.22 Subd. 17. [DISTRIBUTE.] "Distribute" means offer for sale, 35.23 sell, barter, ship, deliver for shipment, receive and deliver, 35.24 offer to deliver, receive on consignment, contract for, solicit 35.25 for sale on commission, or negotiate the consignment or purchase 35.26 in this state. 35.27 Subd. 18. [FIXED LOCATION.] "Fixed location" means a 35.28 stationary facility owned and operated by a person at which 35.29 nursery stock is offered for sale, sold, or distributed. 35.30 Subd. 19. [GREENHOUSE OPERATOR.] "Greenhouse operator" 35.31 means a person involved or engaged in the growing of plants, 35.32 plant material, or nursery stock within a climate-controlled 35.33 structure, for distribution beyond on-site or personal use. 35.34 Subd. 20. [HERBACEOUS.] "Herbaceous" means a nonwoody 35.35 plant whose top dies to the ground in the fall. 35.36 Subd. 21. [HORTICULTURAL PRODUCT.] "Horticultural product" 36.1 means plants including bulbs, flowers, shrubbery, florist 36.2 greens, fruit stock, floral products, nursery stock, ornamental 36.3 plants, potted plants, roses, seed, sod, Christmas trees, 36.4 fruits, food crops grown in greenhouses, vegetables, and 36.5 horticultural specialties not otherwise specified. 36.6 Subd. 22. [INFECTED.] "Infected" means a plant that is: 36.7 (1) contaminated with pathogenic microorganisms; 36.8 (2) being parasitized; 36.9 (3) a host or carrier of an infectious, transmissible, or 36.10 contagious pest; or 36.11 (4) so exposed to a plant listed in clause (1), (2), or (3) 36.12 that one of those conditions can reasonably be expected to exist 36.13 and the plant may also pose a risk of contamination to other 36.14 plants or the environment. 36.15 Subd. 23. [INFESTED.] "Infested" means a plant has been 36.16 overrun by plant pests, including weeds. 36.17 Subd. 24. [LANDSCAPER.] "Landscaper" includes, but is not 36.18 limited to, a nursery stock dealer or person who procures 36.19 certified stock for immediate sale, distribution, or 36.20 transplantation and who does not grow or care for nursery stock. 36.21 Subd. 25. [MAIL-ORDER MERCHANT.] "Mail-order merchant" 36.22 includes, but is not limited to, a person, dealer, or producer 36.23 who sells or markets, wholesale or retail, any of its orders or 36.24 business by drop shipment, catalog, telemarketing, telephone, 36.25 mail order, electronic commerce, or other indirect means. 36.26 Subd. 26. [MARK.] "Mark" means an official indicator 36.27 affixed by the commissioner for purposes of identification or 36.28 separation to, on, around, or near plants or plant material 36.29 known or suspected to be infected with a plant pest. This 36.30 includes, but is not limited to, paint, markers, tags, seals, 36.31 stickers, tape, ribbons, signs, or placards. 36.32 Subd. 27. [NUISANCE PLANT.] "Nuisance plant" means a plant 36.33 not economically essential to the welfare of the people of 36.34 Minnesota, as determined by the commissioner, that may serve as 36.35 a favorable host of plant pests or may be detrimental to the 36.36 agricultural interests of Minnesota. 37.1 Subd. 28. [NURSERY.] "Nursery" means a place where nursery 37.2 stock is grown, propagated, collected, or distributed, 37.3 including, but not limited to, private property or property 37.4 owned, leased, or managed by any agency of the United States, 37.5 Minnesota or its political subdivisions, or any other state or 37.6 its political subdivisions where nursery stock is fumigated, 37.7 treated, packed, or stored. 37.8 Subd. 29. [NURSERY CERTIFICATE.] "Nursery certificate" 37.9 means a document issued by the commissioner recognizing that a 37.10 person is eligible to sell, offer for sale, or distribute 37.11 certified nursery stock at a particular location under a 37.12 specified business name. 37.13 Subd. 30. [NURSERY HOBBYIST.] "Nursery hobbyist" means a 37.14 person who grows, offers for sale, or distributes less than 37.15 $1,000 worth of certified nursery stock annually. 37.16 Subd. 31. [NURSERY STOCK.] "Nursery stock" means a plant 37.17 intended for planting or propagation, including, but not limited 37.18 to, trees, shrubs, vines, perennials, biennials, grafts, 37.19 cuttings, and buds that may be sold for propagation, whether 37.20 cultivated or wild, and all viable parts of these plants. 37.21 Nursery stock does not include: 37.22 (1) field and forage crops; 37.23 (2) the seeds of grasses, cereal grains, vegetable crops, 37.24 and flowers; 37.25 (3) vegetable plants, bulbs, or tubers; 37.26 (4) cut flowers, unless stems or other portions are 37.27 intended for propagation; 37.28 (5) annuals; or 37.29 (6) Christmas trees. 37.30 Subd. 32. [NURSERY STOCK BROKER.] "Nursery stock broker" 37.31 means a nursery stock dealer engaged in the business of selling 37.32 or reselling nursery stock as a business transaction without 37.33 taking ownership or handling the nursery stock. 37.34 Subd. 33. [NURSERY STOCK DEALER.] "Nursery stock dealer" 37.35 means a person involved in the acquisition and further 37.36 distribution of nursery stock; the utilization of nursery stock 38.1 for landscaping or purchase of nursery stock for other persons; 38.2 or the distribution of nursery stock with a mechanical digger, 38.3 commonly known as a tree spade, or by any other means. A person 38.4 who purchases more than half of the nursery stock offered for 38.5 sale at a sales location during the current certificate year is 38.6 considered a nursery stock dealer rather than a nursery stock 38.7 grower for the purposes of determining a proper fee schedule. 38.8 Nursery stock brokers, landscapers, and tree spade operators are 38.9 considered nursery stock dealers for purposes of determining 38.10 proper certification. 38.11 Subd. 34. [NURSERY STOCK GROWER.] "Nursery stock grower" 38.12 includes, but is not limited to, a person who raises, grows, or 38.13 propagates nursery stock, outdoors or indoors. A person who 38.14 grows more than half of the nursery stock offered for sale at a 38.15 sales location during the current certificate year is considered 38.16 a nursery stock grower for the purpose of determining a proper 38.17 fee schedule. 38.18 Subd. 35. [OWNER.] "Owner" includes, but is not limited 38.19 to, the person with the legal right of possession, 38.20 proprietorship of, or responsibility for the property or place 38.21 where any of the articles regulated in this chapter are found, 38.22 or the person who is in possession of, proprietorship of, or has 38.23 responsibility for the regulated articles. 38.24 Subd. 36. [PERSON.] "Person" means an individual, firm, 38.25 corporation, partnership, association, trust, joint stock 38.26 company, unincorporated organization, the state, a state agency, 38.27 or a political subdivision. 38.28 Subd. 37. [PLACE OF ORIGIN.] "Place of origin" means the 38.29 county and state where nursery stock was most recently certified 38.30 or grown for at least one full growing season. 38.31 Subd. 38. [PLANT.] "Plant" means a plant, plant product, 38.32 plant part, or reproductive or propagative part of a plant, 38.33 plant product, or plant part, including all growing media, 38.34 packing material, or containers associated with the plants, 38.35 plant parts, or plant products. 38.36 Subd. 39. [PLANT PEST.] "Plant pest" means a biotic agent 39.1 that causes or may cause harm to plants. 39.2 Subd. 40. [PUBLIC NUISANCE.] "Public nuisance" means: 39.3 (1) a plant, appliance, conveyance, or article that is 39.4 infested with plant pests that may cause significant damage or 39.5 harm; or 39.6 (2) premises where a plant pest is found. 39.7 Subd. 41. [QUARANTINE.] "Quarantine" means an enforced 39.8 isolation or restriction of free movement of plants, plant 39.9 material, animals, animal products, human activity, or any 39.10 article or material in order to treat, control, or eradicate a 39.11 plant pest. 39.12 Subd. 42. [REGULATED NONQUARANTINE PEST.] "Regulated 39.13 nonquarantine pest" means a plant pest that has not been 39.14 quarantined by state or federal agencies and whose presence in 39.15 nursery stock affects the intended use of those plants and may 39.16 pose an unacceptable risk to nursery stock, other plants, the 39.17 environment, or human activities. 39.18 Subd. 43. [SALES LOCATION.] "Sales location" means a fixed 39.19 location from which nursery stock is displayed or distributed. 39.20 Subd. 44. [SOIL.] "Soil" means unconsolidated mineral 39.21 material in which plants can grow. 39.22 Subd. 45. [TREE SPADE.] "Tree spade" means a mechanical 39.23 device or machinery capable of removing nursery stock, root 39.24 system, and soil from the planting in one operation. 39.25 Subd. 46. [TREE SPADE OPERATOR.] "Tree spade operator" 39.26 means a nursery stock dealer who uses a tree spade to dig 39.27 nursery stock and sells, offers for sale, distributes, and 39.28 transports certified nursery stock. 39.29 Subd. 47. [WILD PLANT.] "Wild plant" means nursery stock 39.30 taken from any place other than a nursery. 39.31 Sec. 3. [18H.03] [POWERS AND DUTIES OF COMMISSIONER.] 39.32 Subdivision 1. [EMPLOYEES.] The commissioner may employ 39.33 entomologists, plant pathologists, and other employees necessary 39.34 to administer this chapter. 39.35 Subd. 2. [ENTRY AND INSPECTION; FEES.] (a) The 39.36 commissioner may enter and inspect a public or private place 40.1 that might harbor plant pests and may require that the owner 40.2 destroy or treat plant pests, plants, or other material. 40.3 (b) If the owner fails to properly comply with a directive 40.4 of the commissioner within a given period of time, the 40.5 commissioner may have any necessary work done at the owner's 40.6 expense. If the owner does not reimburse the commissioner for 40.7 the expense within a time specified by the commissioner, the 40.8 expense is a charge upon the county as provided in subdivision 4. 40.9 (c) If a dangerous plant pest infestation or infection 40.10 threatens plants of an area in the state, the commissioner may 40.11 take any measures necessary to eliminate or alleviate the danger. 40.12 (d) The commissioner may collect fees required by this 40.13 chapter. 40.14 (e) The commissioner may issue and enforce a written or 40.15 printed "stop-sale" order to the owner or custodian of any 40.16 nursery stock if fees required by the nursery are not paid. The 40.17 commissioner may not be held liable for the deterioration of 40.18 nursery stock during the period for which it is held pursuant to 40.19 a stop-sale order. 40.20 Subd. 3. [QUARANTINES.] The commissioner may impose a 40.21 quarantine to restrict or prohibit the transportation of nursery 40.22 stock, plants, or other materials capable of carrying plant 40.23 pests into or through any part of the state. 40.24 Subd. 4. [COLLECTION OF CHARGES FOR WORK DONE FOR 40.25 OWNER.] If the commissioner incurs an expense in conjunction 40.26 with carrying out subdivision 2 and is not reimbursed by the 40.27 owner of the land, the expense becomes a legal charge against 40.28 the county in which the land is located. After the expense is 40.29 incurred, the commissioner shall file verified and itemized 40.30 statements of the cost of all service rendered with the county 40.31 auditor of the county in which the land is located, who shall 40.32 immediately issue proper warrants to the persons named, for the 40.33 amounts specified. The amount of the expense is a lien in favor 40.34 of the county against the land involved, must be certified to by 40.35 the county auditor and entered on the auditor's tax books as a 40.36 tax upon the land, and must be collected as other real estate 41.1 taxes are collected. The amounts collected must be used to 41.2 reimburse the county for its expenses under this subdivision. 41.3 Subd. 5. [DELEGATION AUTHORITY.] The commissioner may, by 41.4 written agreements, delegate specific inspection, enforcement, 41.5 and other regulatory duties of this chapter to officials of 41.6 other agencies. This delegation may only be made to a state 41.7 agency, a political subdivision, or a political subdivision's 41.8 agency that has signed a joint powers agreement with the 41.9 commissioner as provided in section 471.59. 41.10 Subd. 6. [DISSEMINATION OF INFORMATION.] The commissioner 41.11 may disseminate information among growers relative to treatment 41.12 of nursery stock in both prevention and elimination of attack by 41.13 plant pests and diseases. 41.14 Subd. 7. [OTHER DUTIES OF SERVICE.] The commissioner may 41.15 carry out other duties or responsibilities that are of service 41.16 to the industry or that may be necessary for the protection of 41.17 the industry. 41.18 Sec. 4. [18H.04] [ADOPTION OF RULES.] 41.19 The commissioner may adopt rules to carry out the purposes 41.20 of this chapter. The rules may include, but are not limited to, 41.21 rules in regard to labeling and the maintenance of viability and 41.22 vigor of nursery stock. Rules of the commissioner that are in 41.23 effect on July 1, 2003, relating to plant protection, nursery 41.24 inspection, or the Plant Pest Act remain in effect until they 41.25 are superseded by new rules. 41.26 Sec. 5. [18H.05] [NURSERY CERTIFICATE REQUIREMENTS.] 41.27 (a) No person may offer for sale or distribute nursery 41.28 stock as a nursery stock grower or dealer without first 41.29 obtaining the appropriate nursery stock certificate from the 41.30 commissioner. Certificates are issued solely for these purposes 41.31 and may not be used for other purposes. 41.32 (b) A certificate issued by the commissioner expires on 41.33 December 31 of the year it is issued. 41.34 (c) A person required to be certified by this section must 41.35 apply for a certificate or for renewal on a form furnished by 41.36 the commissioner which must contain: 42.1 (1) the name and address of the applicant, the number of 42.2 locations to be operated by the applicant and their addresses, 42.3 and the assumed business name of the applicant; 42.4 (2) if other than an individual, a statement whether a 42.5 person is a partnership, corporation, or other organization; and 42.6 (3) the type of business to be operated and, if the 42.7 applicant is an agent, the principals the applicant represents. 42.8 (d) No person may: 42.9 (1) falsely claim to be a certified dealer, grower, broker, 42.10 or agent; or 42.11 (2) make willful false statements when applying for a 42.12 certificate. 42.13 (e) Each application for a certificate must be accompanied 42.14 by the appropriate certificate fee under section 18H.07. 42.15 (f) Certificates issued by the commissioner must be 42.16 prominently displayed to the public in the place of business 42.17 where nursery stock is sold or distributed. 42.18 (g) The commissioner may refuse to issue a certificate for 42.19 cause. 42.20 (h) Each grower or dealer is entitled to one sales location 42.21 under the certificate of the grower or dealer. Each additional 42.22 sales location maintained by the person requires the payment of 42.23 the full certificate fee for each additional sales outlet. 42.24 (i) A grower who is also a dealer is certified only as a 42.25 grower for that specific site. 42.26 (j) A certificate is personal to the applicant and may not 42.27 be transferred. A new certificate is necessary if the business 42.28 entity is changed or if the membership of a partnership is 42.29 changed, whether or not the business name is changed. 42.30 (k) The certificate issued to a dealer or grower applies to 42.31 the particular premises named in the certificate. However, if 42.32 prior approval is obtained from the commissioner, the place of 42.33 business may be moved to the other premises or location without 42.34 an additional certificate fee. 42.35 (l) A collector of nursery stock from the wild is required 42.36 to obtain a dealer's certificate from the commissioner and is 43.1 subject to all the requirements that apply to the inspection of 43.2 nursery stock. All collected nursery stock must be labeled as 43.3 "collected from the wild." 43.4 Sec. 6. [18H.06] [EXEMPT NURSERY SALES.] 43.5 Subdivision 1. [NOT-FOR-PROFIT SALES.] An organization or 43.6 individual may offer for sale certified nursery stock and be 43.7 exempt from the requirement to obtain a nursery stock dealer 43.8 certificate if sales are conducted by a nonprofit charitable, 43.9 educational, or religious organization that: 43.10 (1) conducts sales or distributions of certified nursery 43.11 stock on 14 or fewer days in a calendar year; and 43.12 (2) uses the proceeds from its certified nursery stock 43.13 sales or distribution for charitable, educational, or religious 43.14 purposes. 43.15 Subd. 2. [HOBBYIST SALES.] (a) An organization or 43.16 individual may offer nursery stock for sale and be exempt from 43.17 the requirement to obtain a nursery stock dealer certificate if: 43.18 (1) the gross sales of all nursery stock in a calendar year 43.19 do not exceed $2,000; 43.20 (2) all nursery stock sold or distributed by the hobbyist 43.21 is intended for planting in Minnesota; and 43.22 (3) all nursery stock purchased or procured for resale or 43.23 distribution was grown in Minnesota and has been certified by 43.24 the commissioner. 43.25 (b) The commissioner may prescribe the conditions of the 43.26 exempt nursery sales under this subdivision and may conduct 43.27 routine inspections of the nursery stock offered for sale. 43.28 Sec. 7. [18H.07] [FEE SCHEDULE.] 43.29 Subdivision 1. [ESTABLISHMENT OF FEES.] The commissioner 43.30 shall establish fees sufficient to allow for the administration 43.31 and enforcement of this chapter and rules adopted under this 43.32 chapter, including the portion of general support costs and 43.33 statewide indirect costs of the agency attributable to that 43.34 function, with a reserve sufficient for up to six months. The 43.35 commissioner shall review the fee schedule annually in 43.36 consultation with the Minnesota nursery and landscape advisory 44.1 committee. For the certificate year beginning January 1, 2004, 44.2 the fees are as described in this section. 44.3 Subd. 2. [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery 44.4 stock grower must pay an annual fee based on the area of all 44.5 acreage on which nursery stock is grown for certification as 44.6 follows: 44.7 (1) less than one-half acre, $150; 44.8 (2) from one-half acre to two acres, $200; 44.9 (3) over two acres up to five acres, $300; 44.10 (4) over five acres up to ten acres, $350; 44.11 (5) over ten acres up to 20 acres, $500; 44.12 (6) over 20 acres up to 40 acres, $650; 44.13 (7) over 40 acres up to 50 acres, $800; 44.14 (8) over 50 acres up to 200 acres, $1,100; 44.15 (9) over 200 acres up to 500 acres, $1,500; and 44.16 (10) over 500 acres, $1,500 plus $2 for each additional 44.17 acre. 44.18 (b) In addition to the fees in paragraph (a), a penalty of 44.19 ten percent of the fee due must be charged for each month that 44.20 the fee is delinquent for any application for renewal not 44.21 received by January 1 of the year following expiration of a 44.22 certificate. 44.23 Subd. 3. [NURSERY STOCK DEALER CERTIFICATE.] (a) A nursery 44.24 stock dealer must pay an annual fee based on the dealer's gross 44.25 sales of nursery stock per location during the preceding 44.26 certificate year. A certificate applicant operating for the 44.27 first time must pay the minimum fee. The fees per sales 44.28 location are: 44.29 (1) gross sales up to $20,000, $150; 44.30 (2) gross sales over $20,000 up to $100,000, $175; 44.31 (3) gross sales over $100,000 up to $250,000, $300; 44.32 (4) gross sales over $250,000 up to $500,000, $425; 44.33 (5) gross sales over $500,000 up to $1,000,000, $550; 44.34 (6) gross sales over $1,000,000 up to $2,000,000, $675; and 44.35 (7) gross sales over $2,000,000, $800. 44.36 (b) In addition to the fees in paragraph (a), a penalty of 45.1 ten percent of the fee due must be charged for each month that 45.2 the fee is delinquent for any application for renewal not 45.3 received by January 1 of the year following expiration of a 45.4 certificate. 45.5 Subd. 4. [REINSPECTION, ADDITIONAL OR OPTIONAL INSPECTION 45.6 FEES.] If a reinspection is required or an additional inspection 45.7 is needed or requested a fee must be assessed based on mileage 45.8 and inspection time as follows: 45.9 (1) mileage must be charged at the current United States 45.10 Internal Revenue Service reimbursement rate; and 45.11 (2) inspection time must be charged at the rate of $50 per 45.12 hour, including the driving time to and from the location in 45.13 addition to the time spent conducting the inspection. 45.14 Sec. 8. [18H.08] [LOCAL SALES AND MISCELLANEOUS.] 45.15 Subdivision 1. [SERVICES AND FEES.] The commissioner may 45.16 make small lot inspections or perform other necessary services 45.17 for which another charge is not specified. For these services 45.18 the commissioner shall set a fee plus expenses that will recover 45.19 the cost of performing this service. The commissioner may set 45.20 an additional acreage fee for inspection of seed production 45.21 fields for exporters in order to meet domestic and foreign plant 45.22 quarantine requirements. 45.23 Subd. 2. [VIRUS DISEASE-FREE CERTIFICATION.] The 45.24 commissioner may provide special services such as virus 45.25 disease-free certification and other similar programs. 45.26 Participation by nursery stock growers is voluntary. Plants 45.27 offered for sale as certified virus-free must be grown according 45.28 to certain procedures in a manner defined by the commissioner 45.29 for the purpose of eliminating viruses and other injurious 45.30 disease or insect pests. The commissioner shall collect 45.31 reasonable fees from participating nursery stock growers for 45.32 services and materials that are necessary to conduct this type 45.33 of work. 45.34 Sec. 9. [18H.09] [NURSERY INSPECTIONS REQUIRED.] 45.35 (a) All nursery stock growing sites in Minnesota must have 45.36 had an inspection by the commissioner during the previous 12 46.1 months and found apparently free from quarantine and regulated 46.2 nonquarantine pests as well as significantly dangerous or 46.3 potentially damaging plant pests. All nursery stock originating 46.4 from out of state and offered for sale in Minnesota must have 46.5 been inspected by the appropriate state or federal agency during 46.6 the previous 12 months and found free from quarantine and 46.7 regulated nonquarantine pests as well as significantly dangerous 46.8 or potentially damaging plant pests. A nursery stock 46.9 certificate is valid from January 1 to December 31. 46.10 (b) Nursery stock must be accessible to the commissioner 46.11 for inspection during regular business hours. Weeds or other 46.12 growth that hinder a proper inspection are grounds to suspend or 46.13 withhold a certificate or require a reinspection. 46.14 (c) Inspection reports issued to growers must contain a 46.15 list of the plant pests found at the time of inspection. 46.16 Withdrawal-from-distribution orders are considered part of the 46.17 inspection reports. A withdrawal-from-distribution order must 46.18 contain a list of plants withdrawn from distribution and the 46.19 location of the plants. 46.20 (d) The commissioner may post signs to delineate sections 46.21 withdrawn from distribution. These signs must remain in place 46.22 until the commissioner removes them or grants written permission 46.23 to the grower to remove the signs. 46.24 (e) Inspection reports issued to dealers must outline the 46.25 violations involved and corrective actions to be taken including 46.26 withdrawal-from-distribution orders which would specify nursery 46.27 stock that could not be distributed from a certain area. 46.28 (f) Optional inspections of plants may be conducted by the 46.29 commissioner upon request by any persons desiring an 46.30 inspection. A fee as provided in section 18H.07 must be charged 46.31 for such an inspection. 46.32 Sec. 10. [18H.10] [STORAGE OF NURSERY STOCK.] 46.33 All nursery stock must be kept and displayed under 46.34 conditions of temperature, light, and moisture sufficient to 46.35 maintain the viability and vigor of the nursery stock. 46.36 Sec. 11. [18H.11] [NURSERY STOCK STANDARDS.] 47.1 The American Standard for Nursery Stock, ANSI Z60.1, 47.2 published by the Nursery and Landscape Association, must be used 47.3 by the commissioner in determining standards and grades of 47.4 nursery stock when not in conflict with this chapter. 47.5 Sec. 12. [18H.12] [DAMAGED, DISEASED, INFESTED, OR 47.6 MISREPRESENTED STOCK.] 47.7 (a) No person may knowingly offer to distribute, advertise, 47.8 or display nursery stock that is infested or infected with 47.9 quarantine or regulated nonquarantine pests or significant 47.10 dangerous or potentially damaging plant pests, including noxious 47.11 weeds or nursery stock that is in a dying condition, desiccated, 47.12 frozen or damaged by freezing, or materially damaged in any way. 47.13 (b) No person may knowingly offer to distribute, advertise, 47.14 or display nursery stock that may result in the capacity and 47.15 tendency or effect of deceiving any purchaser or prospective 47.16 purchaser as to the quantity, size, grade, kind, species name, 47.17 age, variety, maturity, condition, vigor, hardiness, number of 47.18 times transplanted, growth ability, growth characteristics, rate 47.19 of growth, time required before flowering or fruiting, price, 47.20 origin, place where grown, or any other material respect. 47.21 (c) Upon discovery or notification of damaged, diseased, 47.22 infested, or misrepresented stock, the commissioner may place a 47.23 stop-sale and distribution order on the material. The order 47.24 makes it an illegal action to distribute, give away, destroy, 47.25 alter, or tamper with the plants. 47.26 (d) The commissioner may conspicuously mark all plants, 47.27 materials, and articles known or suspected to be infected or 47.28 infested with quarantine or regulated nonquarantine pests or 47.29 significant dangerous or potentially damaging plant pests. The 47.30 commissioner shall notify the persons, owners, or the tenants in 47.31 possession of the premises or area in question of the existence 47.32 of the plant pests. 47.33 (e) If the commissioner determines that this chapter has 47.34 been violated, the commissioner may order that the nuisance, 47.35 infestation, infection, or plant pest be abated by whatever 47.36 means necessary, including, but not limited to, destruction, 48.1 confiscation, treatment, return shipment, or quarantine. 48.2 (f) The plant owner is liable for all costs associated with 48.3 a stop order or a quarantine, treatment, or destruction of 48.4 plants. The commissioner is not liable for any actual or 48.5 incidental costs incurred by a person due to authorized actions 48.6 of the commissioner. The commissioner must be reimbursed by the 48.7 owner of plants for actual expenses incurred by the commissioner 48.8 in carrying out a stop order. 48.9 Sec. 13. [18H.13] [SHIPMENT OF NURSERY STOCK INTO 48.10 MINNESOTA.] 48.11 Subdivision 1. [LABELING.] Plants, plant materials, or 48.12 nursery stock distributed into Minnesota must be conspicuously 48.13 labeled on the exterior with the name of the consignor, the 48.14 state of origin, and the name of the consignee and must be 48.15 accompanied by certification documents to satisfy all applicable 48.16 state and federal quarantines. Proof of valid nursery 48.17 certification must also accompany the shipment. It is the 48.18 shared responsibility of both the consignee and consignor to 48.19 examine all shipments for the presence of current and applicable 48.20 nursery stock certifications for all plant material from all 48.21 sources of stock in each shipment. A person receiving a 48.22 shipment of nursery stock from a foreign country that has not 48.23 been inspected and released by the appropriate state or federal 48.24 agriculture official at the port of entry must notify the 48.25 commissioner of the arrival of the shipment, its contents, and 48.26 the name of the consignor. The person must hold the shipment 48.27 unopened until inspected or released by the commissioner. 48.28 Subd. 2. [RECIPROCITY.] A person residing outside the 48.29 state may distribute nursery stock in Minnesota if: 48.30 (1) the person is duly certified under the nursery laws of 48.31 the state where the nursery stock originates and the laws of 48.32 that state are essentially equivalent to the laws of Minnesota 48.33 as determined by the commissioner; and 48.34 (2) the person complies with this chapter and the rules 48.35 governing nursery stock distributed in Minnesota. 48.36 Subd. 3. [RECIPROCAL AGREEMENTS.] The commissioner may 49.1 cooperate with and enter into reciprocal agreements with other 49.2 states regarding licensing and movement of nursery stock. 49.3 Reciprocal agreements with other states do not prevent the 49.4 commissioner from prohibiting the distribution in Minnesota of 49.5 any nursery stock that fails to meet minimum criteria for 49.6 nursery stock of Minnesota certified growers, dealers, or both. 49.7 An official directory of certified nurseries and related nursery 49.8 industry businesses from other states is acceptable in lieu of 49.9 individual nursery certificates. 49.10 Subd. 4. [FOREIGN NURSERY STOCK.] A person receiving a 49.11 shipment of nursery stock from a foreign country that has not 49.12 been inspected and released by the United States Department of 49.13 Agriculture at the port of entry must notify the commissioner of 49.14 the arrival of the shipment, its contents, and the name of the 49.15 consignor. The person must hold the shipment unopened until 49.16 inspected or released by the commissioner. 49.17 Subd. 5. [TRANSPORTATION COMPANIES.] A person who acts as 49.18 the representative of a transportation company, private carrier, 49.19 commercial shipper, common carrier, express parcel carrier, or 49.20 other transportation entity, and receives, ships, or otherwise 49.21 distributes a carload, box, container, or any package of plants, 49.22 plant materials, or nursery stock, that does not have all 49.23 required certificates attached as required or fails to 49.24 immediately notify the commissioner is in violation of this 49.25 chapter. 49.26 Sec. 14. [18H.14] [LABELING AND ADVERTISING OF NURSERY 49.27 STOCK.] 49.28 (a) Plants, plant materials, or nursery stock must not be 49.29 labeled or advertised with false or misleading information 49.30 including, but not limited to, scientific name, variety, place 49.31 of origin, hardiness zone as defined by the United States 49.32 Commissioner of Agriculture, and growth habit. 49.33 (b) A person may not offer for distribution plants, plant 49.34 materials, or nursery stock, represented by some specific or 49.35 special form of notation, including, but not limited to, "free 49.36 from" or "grown free of," unless the plants are produced under a 50.1 specific program approved by the commissioner to address the 50.2 specific plant properties addressed in the special notation 50.3 claim. 50.4 Sec. 15. [18H.15] [VIOLATIONS.] 50.5 (a) A person who offers to distribute nursery stock that is 50.6 uncertified, uninspected, or falsely labeled or advertised 50.7 possesses an illegal regulated commodity that is considered 50.8 infested or infected with harmful plant pests and subject to 50.9 regulatory action and control. If the commissioner determines 50.10 that the provisions of this section have been violated, the 50.11 commissioner may order the destruction of all of the plants 50.12 unless the person: 50.13 (1) provides proper phytosanitary preclearance, 50.14 phytosanitary certification, or nursery stock certification; 50.15 (2) agrees to have the plants, plant materials, or nursery 50.16 stock returned to the consignor; and 50.17 (3) provides proper documentation, certification, or 50.18 compliance to support advertising claims. 50.19 (b) The plant owner is liable for all costs associated with 50.20 a withdrawal-from-distribution order or the quarantine, 50.21 treatment, or destruction of plants. The commissioner is not 50.22 liable for actual or incidental costs incurred by a person due 50.23 to the commissioner's actions. The commissioner must be 50.24 reimbursed by the owner of the plants for the actual expenses 50.25 incurred in carrying out a withdrawal-from-distribution order or 50.26 the quarantine, treatment, or destruction of any plants. 50.27 (c) It is unlawful for a person to: 50.28 (1) misrepresent, falsify, or knowingly distribute, sell, 50.29 advertise, or display damaged, mislabeled, misrepresented, 50.30 infested, or infected nursery stock; 50.31 (2) fail to obtain a nursery certificate as required by the 50.32 commissioner; 50.33 (3) fail to renew a nursery certificate, but continue 50.34 business operations; 50.35 (4) fail to display a nursery certificate; 50.36 (5) misrepresent or falsify a nursery certificate; 51.1 (6) refuse to submit to a nursery inspection; 51.2 (7) fail to provide the cooperation necessary to conduct a 51.3 successful nursery inspection; 51.4 (8) offer for sale uncertified plants, plant materials, or 51.5 nursery stock; 51.6 (9) possess an illegal regulated commodity; 51.7 (10) violate or disobey a commissioner's order; 51.8 (11) violate a quarantine issued by the commissioner; 51.9 (12) fail to obtain phytosanitary certification for plant 51.10 material or nursery stock brought into Minnesota; 51.11 (13) fail to obtain applicable phytosanitary preclearance 51.12 for plant material or nursery stock brought into Minnesota; 51.13 (14) deface, mutilate, or destroy a nursery stock 51.14 certificate, phytosanitary certificate, or phytosanitary 51.15 preclearance certificate, or other commissioner mark, permit or 51.16 certificate; 51.17 (15) fail to notify the commissioner of an uncertified 51.18 shipment of plants, plant materials, or nursery stock; or 51.19 (16) transport uncertified plants, plant materials, or 51.20 nursery stock in Minnesota. 51.21 Sec. 16. [18H.16] [POLITICAL SUBDIVISION ORDINANCES.] 51.22 A political subdivision must not enact an ordinance or 51.23 resolution that conflicts with this chapter. 51.24 Sec. 17. [18H.17] [DISPOSITION AND USE OF MONEY RECEIVED.] 51.25 A Minnesota nursery program account is established in the 51.26 agricultural fund in the state treasury. All payments and 51.27 penalties received for administration or enforcement of this 51.28 chapter must be deposited in the Minnesota nursery program 51.29 account, including interest earned on the account. Money in the 51.30 account is annually appropriated to the commissioner to 51.31 administer and enforce this chapter. 51.32 Sec. 18. [18H.18] [CONSERVATION OF CERTAIN WILDFLOWERS.] 51.33 Subdivision 1. [RESTRICTIONS ON COLLECTING.] No person 51.34 shall distribute the state flower (Cypripedium reginae), or any 51.35 species of lady slipper (Cypripedieae), any member of the orchid 51.36 family, any species of trillium, or lotus (Nelumbo lutea), which 52.1 have been collected in any manner from any public or private 52.2 property without the written permission of the property owner 52.3 and written authorization from the commissioner. 52.4 Subd. 2. [COLLECTION WITHOUT SALE.] Wildflower collection 52.5 from public or private land for the purpose of transplanting the 52.6 plants to a person's private property and not offering for 52.7 immediate sale, requires the written permission from the 52.8 property owner of the land on which the wildflowers are growing. 52.9 Subd. 3. [COLLECTION WITH INTENT TO SELL OR DISTRIBUTE 52.10 WILDFLOWERS.] (a) The wildflowers listed in this section may be 52.11 offered for immediate sale only if the plants are to be used for 52.12 scientific or herbarium purposes. 52.13 (b) The wildflowers listed in this section must not be 52.14 collected and sold commercially unless the plants are: 52.15 (1) growing naturally, collected, and cultivated on the 52.16 collector's property; or 52.17 (2) collected through the process described in subdivision 52.18 2 and transplanted and cultivated on the collector's property. 52.19 (c) The collector must obtain a written permit from the 52.20 commissioner before the plants may be offered for commercial 52.21 sale. 52.22 ARTICLE 3 52.23 SEED LAW 52.24 Section 1. Minnesota Statutes 2002, section 21.81, is 52.25 amended by adding a subdivision to read: 52.26 Subd. 7a. [DORMANT.] "Dormant" means viable seed, 52.27 exclusive of hard seed, that fail to germinate under the 52.28 specified germination conditions for the kind of seed. 52.29 Sec. 2. Minnesota Statutes 2002, section 21.81, 52.30 subdivision 8, is amended to read: 52.31 Subd. 8. [FLOWER SEEDS.] "Flower seeds" includes seeds of 52.32 herbaceous plants grown for their blooms, ornamental foliage, or 52.33 other ornamental parts and commonly known and sold under the 52.34 name of flower seeds in this state. This does not include 52.35 native or introduced wildflowers. 52.36 Sec. 3. Minnesota Statutes 2002, section 21.81, is amended 53.1 by adding a subdivision to read: 53.2 Subd. 10a. [HARD SEED.] "Hard seed" means seeds that 53.3 remain hard at the end of the prescribed test period because 53.4 they have not absorbed water due to an impermeable seed coat. 53.5 Sec. 4. Minnesota Statutes 2002, section 21.81, is amended 53.6 by adding a subdivision to read: 53.7 Subd. 11a. [INERT MATTER.] "Inert matter" means all matter 53.8 that is not seed, including broken seeds, sterile florets, 53.9 chaff, fungus bodies, and stones as determined by methods 53.10 defined by rule. 53.11 Sec. 5. Minnesota Statutes 2002, section 21.81, is amended 53.12 by adding a subdivision to read: 53.13 Subd. 12a. [INTRODUCED WILDFLOWER.] "Introduced wildflower" 53.14 means a kind, type, or variety of wildflower derived from 53.15 wildflowers that are not indigenous to North America. 53.16 Sec. 6. Minnesota Statutes 2002, section 21.81, is amended 53.17 by adding a subdivision to read: 53.18 Subd. 16a. [NATIVE WILDFLOWER.] "Native wildflower" means 53.19 a kind, type, or variety of wildflower derived from wildflowers 53.20 that are indigenous to North America. 53.21 Sec. 7. Minnesota Statutes 2002, section 21.81, is amended 53.22 by adding a subdivision to read: 53.23 Subd. 17a. [OFF-TYPE.] "Off-type" means a seed or plant 53.24 that is not a part of the variety in that it deviates in one or 53.25 more characteristics from the variety as described, and may 53.26 include a seed or plant of another variety, a seed or plant not 53.27 necessarily any variety, a seed or plant resulting from 53.28 cross-pollination by another kind of variety, a seed or plant 53.29 resulting from uncontrolled pollination during production of 53.30 hybrid seed, or segregates from any of those categories. 53.31 Sec. 8. Minnesota Statutes 2002, section 21.81, is amended 53.32 by adding a subdivision to read: 53.33 Subd. 17b. [ORIGIN.] "Origin," for an indigenous stand of 53.34 trees, means the area on which the trees are growing and, for a 53.35 nonindigenous stand, the place from which the seed or plants 53.36 were originally introduced. "Origin" for agricultural and 54.1 vegetable seed is the area where the seed was produced and for 54.2 native grasses and forbs it is the area where the original seed 54.3 was harvested. 54.4 Sec. 9. Minnesota Statutes 2002, section 21.81, is amended 54.5 by adding a subdivision to read: 54.6 Subd. 17c. [OTHER CROP SEED.] "Other crop seed" means seed 54.7 of plants grown as crops, other than the kind of variety 54.8 included in the pure seed, as determined by methods defined by 54.9 rule. 54.10 Sec. 10. Minnesota Statutes 2002, section 21.81, is 54.11 amended by adding a subdivision to read: 54.12 Subd. 17d. [PERSON.] "Person" means an individual, firm, 54.13 corporation, partnership, association, trust, joint stock 54.14 company, or unincorporated organization, the state, a state 54.15 agency, or a political subdivision. 54.16 Sec. 11. Minnesota Statutes 2002, section 21.81, is 54.17 amended by adding a subdivision to read: 54.18 Subd. 31a. [VARIANT.] "Variant" means a seed or plant that: 54.19 (1) is distinct within the variety but occurs naturally in 54.20 the variety; 54.21 (2) is stable and predictable with a degree of reliability 54.22 comparable to other varieties of the same kind, within 54.23 recognized tolerances, when the variety is reproduced or 54.24 reconstituted; and 54.25 (3) was originally a part of the variety as released. 54.26 A variant is not an off-type. 54.27 Sec. 12. Minnesota Statutes 2002, section 21.82, is 54.28 amended to read: 54.29 21.82 [LABEL REQUIREMENTS; AGRICULTURAL, VEGETABLE,OR54.30 FLOWER, OR WILDFLOWER SEEDS.] 54.31 Subdivision 1. [FORM.] Each container of agricultural, 54.32 vegetable,orflower, or wildflower seed which is offered for 54.33 sale for sowing purposesshallmust bear or have attached in a 54.34 conspicuous place a plainly written or printed label or tag in 54.35 the English language giving the information required by this 54.36 section. This statementshallmust not be modified or denied in 55.1 the labeling or on another label attached to the container. 55.2 Subd. 2. [CONTENT.] For agricultural, vegetable,or55.3 flower, or wildflower seeds offered for sale as agricultural 55.4 seed, except as otherwise provided in subdivisions 4, 5, and 55.5 6,7 and 8,the labelshallmust contain: 55.6 (a) The name of the kind or kind and variety for each 55.7agricultural or vegetableseed component in excess of five 55.8 percent of the whole and the percentage by weight of each in 55.9 order of its predominance. The commissioner shall by rule 55.10 designate the kinds that are required to be labeled as to 55.11 variety. If the variety of those kinds generally labeled as to 55.12 variety is not stated and it is not required to be stated, the 55.13 label shall show the name of the kind and the words: "Variety 55.14 not stated." The heading "pure seed" must be indicated on the 55.15 seed label in close association with other required label 55.16 information. 55.17 (1) The percentage that is hybrid shall be at least 95 55.18 percent of the percentage of pure seed shown unless the 55.19 percentage of pure seed which is hybrid seed is shown 55.20 separately. If two or more kinds or varieties are present in 55.21 excess of five percent and are named on the label, each that is 55.22 hybrid shall be designated as hybrid on the label. Any one kind 55.23 or kind and variety that has pure seed which is less than 95 55.24 percent but more than 75 percent hybrid seed as a result of 55.25 incompletely controlled pollination in a cross shall be labeled 55.26 to show the percentage of pure seed that is hybrid seed or a 55.27 statement such as "contains from 75 percent to 95 percent hybrid 55.28 seed." No one kind or variety of seed shall be labeled as 55.29 hybrid if the pure seed contains less than 75 percent hybrid 55.30 seed. The word hybrid shall be shown on the label in 55.31 conjunction with the kind. 55.32 (2) Blends shall be listed on the label using the term 55.33 "blend" in conjunction with the kind. 55.34 (3) Mixtures shall be listed on the label using the term 55.35 "mixture," "mix," or "mixed." 55.36 (b) Lot number or other lot identification. 56.1 (c) Origin, if known, or that the origin is unknown. 56.2 (d) Percentage by weight of all weed seeds presentin56.3agricultural, vegetable, or flower seed. This percentage may 56.4 not exceed one percent.If weed seeds are not present in56.5vegetable or flower seeds,The heading "weedseedsseed"may be56.6omitted from the labelmust be indicated on the seed label in 56.7 close association with other required label information. 56.8 (e) Name and rate of occurrence per pound of each kind of 56.9 restricted noxious weed seeds present. Theyshallmust be 56.10 listed under the heading "noxious weed seeds."If noxious weed56.11seeds are not present in vegetable or flower seeds, the heading56.12"noxious weed seeds" may be omitted from the labelin close 56.13 association with other required label information. 56.14 (f) Percentage by weight ofagricultural, vegetable, or56.15flowerseeds other than those kinds and varieties required to be 56.16 named on the label. Theyshallmust be listed under the heading 56.17 "other crop."If "other crop" seeds are not present in56.18vegetable or flower seeds, the heading "other crop" may be56.19omitted from the labelin close association with other required 56.20 label information. 56.21 (g) Percentage by weight of inert matter. The heading 56.22 "inert matter" must be indicated on the seed label in close 56.23 association with other required label information. 56.24 (h) Net weight of contents, to appear on either the 56.25 container or the label, except that in the case of vegetable or56.26flower seed containers with contents of 200 seeds or less, a56.27statement indicating the number of seeds in the container may be56.28listed along with or in lieu of the net weight of contents. 56.29 (i) For each namedagricultural or vegetablekind or 56.30 variety of seed: 56.31 (1) percentage of germination, exclusive of hard or dormant 56.32 seed or both; 56.33 (2) percentage of hard or dormant seed or both, if present; 56.34 and 56.35 (3) the calendar month and year the percentages were 56.36 determined by test or the statement "Sell by (month and year)" 57.1 which may not be more than 12 months from the date of test, 57.2 exclusive of the month of test. 57.3 The headings for "germination" and "hard seed or dormant seed" 57.4 percentages must be stated separately on the seed label. A 57.5 separate percentage derived from combining these percentages may 57.6 also be stated on the seed label, but the heading for this 57.7 percentage must be "total germination and hard seed or dormant 57.8 seed when applicable." They must not be stated as "total live 57.9 seed," "total germination," or in any other unauthorized manner. 57.10 (j) Name and address of the person who labeled the seed or 57.11 who sells the seed within this state, or a code number which has 57.12 been registered with the commissioner. 57.13 Subd. 3. [TREATED SEED.] For all named agricultural, 57.14 vegetable,orflower, or wildflower seeds which are treated, for 57.15 which a separate label may be used, the labelshallmust contain: 57.16(a)(1) a word or statement to indicate that the seed has 57.17 been treated; 57.18(b)(2) the commonly accepted, coined, chemical, or 57.19 abbreviated generic chemical name of the applied substance; 57.20(c)(3) the caution statement "Do not use for food, feed, 57.21 or oil purposes" if the substance in the amount present with the 57.22 seed is harmful to human or other vertebrate animals; 57.23(d)(4) in the case of mercurials or similarly toxic 57.24 substances, a poison statement and symbol; 57.25(e)(5) a word or statement describing the process used 57.26 when the treatment is not of pesticide origin; and 57.27(f)(6) the date beyond which the inoculant is considered 57.28 ineffective if the seed is treated with an inoculant. Itshall57.29 must be listed on the label as "inoculant: expires (month and 57.30 year)" or wording that conveys the same meaning. 57.31 Subd. 4. [HYBRID SEED CORN.] For hybrid seed corn purposes 57.32 a labelshallmust contain: 57.33(a)(1) a statement indicating the number of seeds in the 57.34 container may be listed along with or in lieu of the net weight 57.35 of contents; and 57.36(b)(2) for each variety of hybrid seed field corn, the day 58.1 classification as determined by the originator or owner. The 58.2 day classificationshallmust approximate the number of days of 58.3 growing season necessary from emergence of the corn plant above 58.4 ground to relative maturity andshallconform to the day 58.5 classification established by the director of the Minnesota 58.6 agricultural experiment station for the appropriate zone. 58.7 Subd. 5. [GRASS SEED.] For grass seed and mixtures of 58.8 grass seeds intended for lawn and turf purposes, the 58.9 requirements inclausesparagraphs (a)to (c)and (b) must be 58.10 met. 58.11 (a) The labelshallmust contain thepercentage by weight58.12of inert matter, up to ten percent by weight except for those58.13kinds specified by rule. The percentage by weight of foreign58.14material not common to grass seed must be listed as a separate58.15item in close association with the inert matter58.16percentagestatement "Sell by (month and year listed here)" 58.17 which may be no more than 15 months from the date of test, 58.18 exclusive of the month of test. 58.19 (b)If the seed contains no "other crop" seed, the58.20following statement may be used and may be flagged: "contains58.21no other crop seed."58.22(c)When grass seeds are sold outside their original 58.23 containers, the labeling requirements are met if the seed is 58.24 weighed from a properly labeled container in the presence of the 58.25 purchaser. 58.26 Subd. 6. [COATED AGRICULTURAL SEEDS.] For coated 58.27 agricultural seeds the labelshallmust contain: 58.28(a)(1) percentage by weight of pure seeds with coating 58.29 material removed; 58.30(b)(2) percentage by weight of coating material shown as a 58.31 separate item in close association with the percentage of inert 58.32 matter; and 58.33(c)(3) percentage of germination determined on 400 pellets 58.34 with or without seeds. 58.35 Subd. 7. [VEGETABLE SEEDS.] For vegetable seeds prepared 58.36 for use in home gardens or household plantings the requirements 59.1 inclausesparagraphs (a) to(d)(p) apply.The origin may be59.2omitted from the label.Vegetable seeds packed for sale in 59.3 commercial quantities to farmers, conservation groups, and other 59.4 similar entities are considered agricultural seeds and must be 59.5 labeled accordingly. 59.6 (a) The labelshallmust contain thefollowing:name of the 59.7 kind or kind and variety for each seed component in excess of 59.8 five percent of the whole and the percentage by weight of each 59.9 in order of its predominance. If the variety of those kinds 59.10 generally labeled as to variety is not stated and it is not 59.11 required to be stated, the label must show the name of the kind 59.12 and the words "Variety not stated." 59.13 (b) The percentage that is hybrid must be at least 95 59.14 percent of the percentage of pure seed shown unless the 59.15 percentage of pure seed which is hybrid seed is shown 59.16 separately. If two or more kinds of varieties are present in 59.17 excess of five percent and are named on the label, each that is 59.18 hybrid must be designated as hybrid on the label. Any one kind 59.19 or kind and variety that has pure seed that is less than 95 59.20 percent but more than 75 percent hybrid seed as a result of 59.21 incompletely controlled pollination in a cross must be labeled 59.22 to show the percentage of pure seed that is hybrid seed or a 59.23 statement such as "contains from 75 percent to 95 percent hybrid 59.24 seed." No one kind or variety of seed may be labeled as hybrid 59.25 if the pure seed contains less than 75 percent hybrid seed. The 59.26 word "hybrid" must be shown on the label in conjunction with the 59.27 kind. 59.28 (c) Blends must be listed on the label using the term 59.29 "blend" in conjunction with the kind. 59.30 (d) Mixtures shall be listed on the label using the term 59.31 "mixture," "mix," or "mixed." 59.32 (e) The label must show a lot number or other lot 59.33 identification. 59.34 (f) The origin may be omitted from the label. 59.35(1)(g) The label must show the year for which the seed was 59.36 packed for sale listed as "packed for (year),"orfor seed with 60.1 a percentage of germination that exceeds the standard last 60.2 established by the commissioner, the percentage of germination 60.3 and the calendar month and year that the percentages were 60.4 determined by test; and, or the calendar month and year the 60.5 germination test was completed and the statement "Sell by (month 60.6 and year listed here)," which may be no more than 12 months from 60.7 the date of test, exclusive of the month of test. 60.8(2)(h) For vegetable seeds which germinate less than the 60.9 standard last established by the commissioner, the label must 60.10 show: 60.11(i)(1) a percentage of germination, exclusive of hard or 60.12 dormant seed or both; 60.13(ii)(2) a percentage of hard or dormant seed or both, if 60.14 present; and 60.15(iii)(3) the words "below standard" in not less than eight 60.16 point type and the month and year the percentages were 60.17 determined by test. 60.18 (i) The net weight of the contents must appear on either 60.19 the container or the label, except that for containers with 60.20 contents of 200 seeds or less a statement indicating the number 60.21 of seeds in the container may be listed along with or in lieu of 60.22 the net weight of contents. 60.23(b)(j) The heading for and percentage by weight of pure 60.24 seed may be omitted from a label if the total is more than 90 60.25 percent. 60.26 (k) The heading for and percentage by weight of weed seed 60.27 may be omitted from a label if they are not present in the seed. 60.28 (l) The heading "noxious weed seeds" may be omitted from a 60.29 label if they are not present in the seed. 60.30 (m) The heading for and percentage by weight of other crop 60.31 seed may be omitted from a label if it is less than five percent. 60.32(c)(n) The heading for and percentage by weight of inert 60.33 matter may be omitted from a label if it is less than ten 60.34 percent. 60.35 (o) The label must contain the name and address of the 60.36 person who labeled the seed or who sells the seed in this state 61.1 or a code number that has been registered with the commissioner. 61.2(d)(p) The labeling requirements for vegetable seeds 61.3 prepared for use in home gardens or household plantings when 61.4 sold outside their original containers are met if the seed is 61.5 weighed from a properly labeled container in the presence of the 61.6 purchaser. 61.7 Subd. 8. [FLOWER SEEDS.](a) All flower seed labels shall61.8contain:For flower and wildflower seeds prepared for use in 61.9 home gardens or household plantings, the requirements in 61.10 paragraphs (a) to (l) apply. Flower and wildflower seeds packed 61.11 for sale in commercial quantities to farmers, conservation 61.12 groups, and other similar entities are considered agricultural 61.13 seeds and must be labeled accordingly. 61.14(1)(a) The label must contain the name of the kind and 61.15 variety or a statement of type and performance characteristics 61.16 as prescribed byrules;rule. 61.17 (b) The percentage that is hybrid must be at least 95 61.18 percent of the percentage of pure seed shown unless the 61.19 percentage of pure seed which is hybrid seed is shown 61.20 separately. If two or more kinds of varieties are present in 61.21 excess of five percent and are named on the label, each that is 61.22 hybrid must be designated as hybrid on the label. Any one kind 61.23 or kind and variety that has pure seed that is less than 95 61.24 percent but more than 75 percent hybrid seed as a result of 61.25 incompletely controlled pollination in a cross must be labeled 61.26 to show the percentage of pure seed that is hybrid seed or a 61.27 statement such as "contains from 75 percent to 95 percent hybrid 61.28 seed." No one kind or variety of seed may be labeled as hybrid 61.29 if the pure seed contains less than 75 percent hybrid seed. The 61.30 word "hybrid" must be shown on the label in conjunction with the 61.31 kind. 61.32 (c) Blends must be listed on the label using the term 61.33 "blend" in conjunction with the kind. 61.34 (d) Mixtures must be listed on the label using the term 61.35 "mixture," "mix," or "mixed." 61.36 (e) The label must contain the lot number or other lot 62.1 identification. 62.2 (f) The origin may be omitted from the label. 62.3(2)(g) The label must contain the year for which the seed 62.4 was packed for sale listed as "packed for (year),"orfor seed 62.5 with a percentage of germination that exceeds the standard last 62.6 established by the commissioner, the percentage of germination 62.7 and the calendar month and year that thepercentage was62.8 percentages were determined by test; and, or the calendar month 62.9 and year the germination test was completed and the statement 62.10 "sell by (month and year listed here)," which may be no more 62.11 than 12 months from the date of test, exclusive of the month of 62.12 test. 62.13(3)(h) For flower seeds which germinate less than the 62.14 standard last established by the commissioner, the label must 62.15 show: 62.16(i) the(1) percentage of germination exclusive of hard or 62.17 dormant seed or both;and62.18(ii)(2) percentage of hard or dormant seed or both, if 62.19 present; and 62.20 (3) the words "below standard" in not less than eight point 62.21 type and the month and year this percentage was determined by 62.22 test. 62.23(b) The origin may be omitted from the label.62.24 (i) The label must show the net weight of contents on 62.25 either the container or the label, except that for containers 62.26 with contents of 200 seeds or less a statement indicating the 62.27 number of seeds in the container may be listed along with or in 62.28 lieu of the net weight of contents. 62.29(c)(j) The heading for and percentage by weight of pure 62.30 seed may be omitted from a label if the total is more than 90 62.31 percent. 62.32 (k) The heading for and percentage by weight of weed seed 62.33 may be omitted from a label if they are not present in the seed. 62.34 (l) The heading "noxious weed seeds" may be omitted from a 62.35 label if they are not present in the seed. 62.36 (m) The heading for and percentage by weight of other crop 63.1 seed may be omitted from a label if it is less than five percent. 63.2(d)(n) The heading for and percentage by weight of inert 63.3 matter may be omitted from a label if it is less than ten 63.4 percent. 63.5 (o) The label must show the name and address of the person 63.6 who labeled the seed or who sells the seed within this state, or 63.7 a code number which has been registered with the commissioner. 63.8 Sec. 13. Minnesota Statutes 2002, section 21.83, 63.9 subdivision 2, is amended to read: 63.10 Subd. 2. [LABEL CONTENT.] For all tree or shrub seed 63.11 subject to this section the label shall contain: 63.12 (a) the common name of the species, and the subspecies if 63.13 appropriate; 63.14 (b) the scientific name of the genus and species, and the 63.15 subspecies if appropriate; 63.16 (c) the lot number or other lot identification; 63.17 (d) for seed collected from a predominantly indigenous 63.18 stand, the area of collection given by latitude and longitude, 63.19 or geographic description, or political subdivision such as 63.20 state or county; 63.21 (e) for seed collected from a predominantly nonindigenous 63.22 stand, the identity of the area of collection and the origin of 63.23 the stand or the words "origin not indigenous"; 63.24 (f) the elevation or the upper and lower limits of 63.25 elevation within which the seed was collected; 63.26 (g) the percentage of pure seed by weight; 63.27 (h) for those kinds of seed for which standard testing 63.28 procedures are prescribed: 63.29 (1) the percentage of germination exclusive of hard or 63.30 dormant seed; 63.31 (2) the percentage of hard or dormant seed, if present; and 63.32 (3) the calendar month and year the percentages were 63.33 determined by test; or 63.34 (4) in lieu of the requirements of clauses (1) to (3), the 63.35 seed may be labeled "test is in progress, results will be 63.36 supplied upon request"; 64.1 (i) for those species for which standard germination 64.2 testing procedures have not been prescribed by the commissioner, 64.3 the calendar year in which the seed was collected; and 64.4 (j) the name and address of the person who labeled the seed 64.5 or who sells the seed within this state. 64.6 Sec. 14. Minnesota Statutes 2002, section 21.84, is 64.7 amended to read: 64.8 21.84 [RECORDS.] 64.9 Each person whose name appears on the label of 64.10 agricultural, vegetable, flower, wildflower, tree, or shrub 64.11 seeds subject to section 21.82 or 21.83 shall keep for three 64.12 years complete records of each lot of agricultural, vegetable, 64.13 flower, wildflower, tree, or shrub seed sold in this state and 64.14 shall keep for one year a file sample of each lot of seed after 64.15 disposition of the lot.In addition, the grower shall have as a64.16part of the record a "genuine grower's declaration" or a "tree64.17seed collector's declaration."64.18 Sec. 15. Minnesota Statutes 2002, section 21.85, 64.19 subdivision 11, is amended to read: 64.20 Subd. 11. [RULES.] The commissioner maymake necessary64.21rules for the proper enforcement of sections 21.80 to64.2221.92adopt rules under this chapter.Existing rules shall64.23remain in effect unless permanent rules are made that supersede64.24them.A violation of the rules is a violation of this chapter. 64.25 Sec. 16. Minnesota Statutes 2002, section 21.85, 64.26 subdivision 13, is amended to read: 64.27 Subd. 13. [SAMPLING EXPORT SEED.] The commissioner may 64.28 sample agricultural, vegetable, flower, wildflower, tree, or 64.29 shrub seeds which are destined for export to other countries, 64.30 and may establish and collect suitable fees from the exporter 64.31 for this service. 64.32 Sec. 17. Minnesota Statutes 2002, section 21.86, is 64.33 amended to read: 64.34 21.86 [UNLAWFUL ACTS.] 64.35 Subdivision 1. [PROHIBITIONS.] A person may not advertise 64.36 or sell any agricultural, vegetable, flower,orwildflower, tree 65.1and, or shrub seed if: 65.2 (a) except as provided in clauses (1) to(3)(4), a test to 65.3 determine the percentage of germination required by sections 65.4 21.82 and 21.83 has not been completed within anine-month65.5 12-month period, exclusive of the calendar month in which the 65.6 test was completed or it is offered for sale beyond the sell by 65.7 date exclusive of the calendar month in which the seed was to 65.8 have been sold. 65.9 (1) when advertised or offered for sale as agricultural 65.10 seed, native grass and forb (wildflowers) seeds must have been 65.11 tested for percentage of germination as required by section 65.12 21.82 within a14-month15-month period, exclusive of the 65.13 calendar month in which the test was completed.; 65.14 (2) it is unlawful to offer cool season lawn and turf 65.15 grasses including Kentucky bluegrass, red fescue, chewings 65.16 fescue, hard fescue, tall fescue, perennial ryegrass, 65.17 intermediate ryegrass, annual ryegrass, colonial bent grass, 65.18 creeping bent grass, and mixtures or blends of those grasses, 65.19 for sale beyond the sell by date exclusive of the calendar month 65.20 in which the seed was to have been sold; 65.21 (3) this prohibition does not apply to tree, shrub, 65.22 agricultural, flower, wildflower, or vegetable seeds packaged in 65.23 hermetically sealed containers. Seeds packaged in hermetically 65.24 sealed containers under the conditions defined by rule may be 65.25 offered for sale for a period of 36 months after the last day of 65.26 the month that the seeds were tested for germination prior to 65.27 packaging.; 65.28(3)(4) if seeds in hermetically sealed containers are 65.29 offered for sale more than 36 months after the last day of the 65.30 month in which they were tested prior to packaging, they must be 65.31 retested within a nine-month period, exclusive of the calendar 65.32 month in which the retest was completed; 65.33 (b) it is not labeled in accordance with sections 21.82 and 65.34 21.83 or has false or misleading labeling; 65.35 (c) false or misleading advertisement has been used in 65.36 respect to its sale; 66.1 (d) it contains prohibited noxious weed seeds; 66.2 (e) it consists of or contains restricted noxious weed 66.3 seeds in excess of 25 seeds per pound or in excess of the number 66.4 declared on the label attached to the container of the seed or 66.5 associated with the seed; 66.6 (f) it contains more than one percent by weight of all weed 66.7 seeds; 66.8 (g) it contains less than the stated net weight of 66.9 contents; 66.10 (h) it contains less than the stated number of seeds in the 66.11 container; 66.12 (i) it contains any labeling, advertising, or other 66.13 representation subject to sections 21.82 and 21.83 representing 66.14 the seed to be certified unless: 66.15 (1) it has been determined by a seed certifying agency that 66.16 the seed conformed to standards of purity and identity as to 66.17 kind, species, subspecies, or variety, and also that tree seed 66.18 was found to be of the origin and elevation claimed, in 66.19 compliance with the rules pertaining to the seed; and 66.20 (2) the seed bears an official label issued for it by a 66.21 seed certifying agency stating that the seed is of a certified 66.22 class and a specified kind, species, subspecies, or variety; 66.23 (j) it is labeled with a variety name but not certified by 66.24 an official seed certifying agency when it is a variety for 66.25 which a United States certificate of plant variety protection 66.26 has been granted under United States Code, title 7, sections 66.27 2481 to 2486, specifying sale by variety name only as a class of 66.28 certified seed. Seed from a certified lot may be labeled as to 66.29 variety name when used in a blend or mixture by or with approval 66.30 of the owner of the variety; or 66.31 (k) the person whose name appears on the label does not 66.32 have complete records including a file sample of each lot of 66.33 agricultural, vegetable, flower, tree or shrub seed sold in this 66.34 state as required in section 21.84. 66.35 Subd. 2. [MISCELLANEOUS VIOLATIONS.] No person may: 66.36 (a) detach, alter, deface, or destroy any label required in 67.1 sections 21.82 and 21.83or, alter or substitute seed in a 67.2 manner that may defeat the purposes of sections 21.82 and 21.83, 67.3 or alter or falsify any seed tests, laboratory reports, records, 67.4 or other documents to create a misleading impression as to kind, 67.5 variety, history, quality, or origin of the seed; 67.6 (b) hinder or obstruct in any way any authorized person in 67.7 the performance of duties under sections 21.80 to 21.92; 67.8 (c) fail to comply with a "stop sale" order or to move or 67.9 otherwise handle or dispose of any lot of seed held under a stop 67.10 sale order or attached tags, except with express permission of 67.11 the enforcing officer for the purpose specified; 67.12 (d) use the word "type" in any labeling in connection with 67.13 the name of any agricultural seed variety; 67.14 (e) use the word "trace" as a substitute for any statement 67.15 which is required; or 67.16 (f) plant any agricultural seed which the person knows 67.17 contains weed seeds or noxious weed seeds in excess of the 67.18 limits for that seed. 67.19 Sec. 18. Minnesota Statutes 2002, section 21.88, is 67.20 amended to read: 67.21 21.88 [PENALTIES NOT TO APPLY.] 67.22Subdivision 1. [MISDEMEANOR; GROSS MISDEMEANOR.] A67.23violation of sections 21.80 to 21.92 or a rule adopted under67.24section 21.85 is a misdemeanor. Each additional day of67.25violation is a separate offense. A subsequent violation by a67.26person is a gross misdemeanor.67.27Subd. 2. [UNLAWFUL PRACTICE.] In addition to other67.28penalties provided by law, a person who violates a provision of67.29sections 21.80 to 21.92 or a rule adopted under section 21.8567.30has committed an unlawful practice under sections 325F.68 and67.31325F.69 and is subject to the remedies provided in sections 8.3167.32and 325F.70.67.33Subd. 3. [PENALTIES NOT TO APPLY.]A person is not subject 67.34 tothepenaltiesin subdivision 1 or 2for having sold seeds 67.35 which were incorrectly labeled or represented as to kind, 67.36 species, subspecies, if appropriate, variety, type, origin and 68.1 year, elevation or place of collection if required, if the seeds 68.2 cannot be identified by examination unless the person has failed 68.3 to obtain an invoice or genuine grower's or tree seed 68.4 collector's declaration or other labeling information and to 68.5 take other reasonable precautions to ensure the identity is as 68.6 stated. 68.7 Sec. 19. Minnesota Statutes 2002, section 21.89, 68.8 subdivision 2, is amended to read: 68.9 Subd. 2. [PERMITS; ISSUANCE AND REVOCATION.] The 68.10 commissioner shall issue a permit to the initial labeler of 68.11 agricultural, vegetable,orflower, and wildflower seeds which 68.12 are sold for use in Minnesota and which conform to and are 68.13 labeled under sections 21.80 to 21.92. The categories of 68.14 permits are as follows: 68.15 (1) for initial labelers who sell 50,000 pounds or less of 68.16 agricultural seed each calendar year, an annual permit issued 68.17 for a fee established in section 21.891, subdivision 2, 68.18 paragraph (b); 68.19 (2) for initial labelers who sell vegetable, flower, and 68.20 wildflower seed packed for use in home gardens or household 68.21 plantings, an annual permit issued for a fee established in 68.22 section 21.891, subdivision 2, paragraph (c), based upon the 68.23 gross sales from the previous year; and 68.24 (3) for initial labelers who sell more than 50,000 pounds 68.25 of agricultural seed each calendar year, a permanent permit 68.26 issued for a fee established in section 21.891, subdivision 2, 68.27 paragraph (d). 68.28 In addition, the person shall furnish to the commissioner an 68.29 itemized statement of all seeds sold in Minnesota for the 68.30 periods established by the commissioner. This statement shall 68.31 be delivered, along with the payment of the fee, based upon the 68.32 amount and type of seed sold, to the commissioner no later than 68.33 30 days after the end of each reporting period. Any person 68.34 holding a permit shall show as part of the analysis labels or 68.35 invoices on all agricultural, vegetable, flower, wildflower, 68.36 tree, or shrub seeds all information the commissioner requires. 69.1 The commissioner may revoke any permit in the event of failure 69.2 to comply with applicable laws and rules. 69.3 Sec. 20. Minnesota Statutes 2002, section 21.89, 69.4 subdivision 4, is amended to read: 69.5 Subd. 4. [EXEMPTIONS.] An initial labeler who sells for 69.6 use in Minnesota agricultural, vegetable, or flower seeds must 69.7 have a seed fee permit unless:69.8(a) The person labels and sells less than 50,000 pounds of69.9agricultural seed in Minnesota each calendar year. If more than69.1050,000 pounds are labeled and sold in Minnesota by any person,69.11the person must have a seed fee permit and pay fees on all seed69.12sold. A person who labels and sells grass seeds and mixtures of69.13grass seeds intended for lawn or turf purposes is not exempted69.14from having a permit and paying seed fees on all seeds in this69.15category sold in Minnesota; or69.16(b)the agricultural, vegetable, or flower seeds are of the 69.17 breeder or foundation seed classes of varieties developed by 69.18 publicly financed research agencies intended for the purpose of 69.19 increasing the quantity of seed available. 69.20 Sec. 21. [21.891] [MINNESOTA SEED LAW FEES.] 69.21 Subdivision 1. [SAMPLING EXPORT SEED.] In accordance with 69.22 section 21.85, subdivision 13, the commissioner may, if 69.23 requested, sample seed destined for export to other countries. 69.24 The fee for sampling export seed is an hourly rate published 69.25 annually by the commissioner and it must be an amount sufficient 69.26 to recover the actual costs of the service provided. 69.27 Subd. 2. [SEED FEE PERMITS.] (a) An initial labeler who 69.28 wishes to sell seed in Minnesota must comply with section 21.89, 69.29 subdivisions 1 and 2, and the procedures in this subdivision. 69.30 Each initial labeler who wishes to sell seed in Minnesota must 69.31 apply to the commissioner to obtain a permit. The application 69.32 must contain the name and address of the applicant, the 69.33 application date, and the name and title of the applicant's 69.34 contact person. 69.35 (b) The application for a seed permit covered by section 69.36 21.89, subdivision 2, clause (1), must be accompanied by an 70.1 application fee of $50. 70.2 (c) The application for a seed permit covered by section 70.3 21.89, subdivision 2, clause (2), must be accompanied by an 70.4 application fee based on the level of annual gross sales as 70.5 follows: 70.6 (1) for gross sales of $0 to $25,000, the annual permit fee 70.7 is $50; 70.8 (2) for gross sales of $25,001 to $50,000, the annual 70.9 permit fee is $100; 70.10 (3) for gross sales of $50,001 to $100,000, the annual 70.11 permit fee is $200; 70.12 (4) for gross sales of $100,001 to $250,000, the annual 70.13 permit fee is $500; 70.14 (5) for gross sales of $250,001 to $500,000, the annual 70.15 permit fee is $1,000; and 70.16 (6) for gross sales of $500,001 and above, the annual 70.17 permit fee is $2,000. 70.18 (d) The application for a seed permit covered by section 70.19 21.89, subdivision 2, clause (3), must be accompanied by an 70.20 application fee of $50. Initial labelers holding seed fee 70.21 permits covered under this paragraph need not apply for a new 70.22 permit or pay the application fee. Under this permit category, 70.23 the fees for the following kinds of agricultural seed sold 70.24 either in bulk or containers are: 70.25 (1) oats, wheat, and barley, 6.3 cents per hundredweight; 70.26 (2) rye, field beans, soybeans, buckwheat, and flax, 8.4 70.27 cents per hundredweight; 70.28 (3) field corn, 29.4 cents per hundredweight; 70.29 (4) forage, lawn and turf grasses, and legumes, 49 cents 70.30 per hundredweight; 70.31 (5) sunflower, $1.40 per hundredweight; 70.32 (6) sugar beet, $3.29 per hundredweight; and 70.33 (7) for any agricultural seed not listed in clauses (1) to 70.34 (6), the fee for the crop most closely resembling it in normal 70.35 planting rate applies. 70.36 (e) If, for reasons beyond the control and knowledge of the 71.1 initial labeler, seed is shipped into Minnesota by a person 71.2 other than the initial labeler, the responsibility for the seed 71.3 fees are transferred to the shipper. An application for a 71.4 transfer of this responsibility must be made to the 71.5 commissioner. Upon approval by the commissioner of the 71.6 transfer, the shipper is responsible for payment of the seed 71.7 permit fees. 71.8 (f) Seed permit fees may be included in the cost of the 71.9 seed either as a hidden cost or as a line item cost on each 71.10 invoice for seed sold. To identify the fee on an invoice, the 71.11 words "Minnesota seed permit fees" must be used. 71.12 (g) All seed fee permit holders must file semiannual 71.13 reports with the commissioner, even if no seed was sold during 71.14 the reporting period. Each semiannual report must be submitted 71.15 within 30 days of the end of each reporting period. The 71.16 reporting periods are October 1 to March 31 and April 1 to 71.17 September 30 of each year or July 1 to December 31 and January 1 71.18 to June 30 of each year. Permit holders may change their 71.19 reporting periods with the approval of the commissioner. 71.20 (h) The holder of a seed fee permit must pay fees on all 71.21 seed for which the permit holder is the initial labeler and 71.22 which are covered by sections 21.80 to 21.92 and sold during the 71.23 reporting period. 71.24 (i) If a seed fee permit holder fails to submit a 71.25 semiannual report and pay the seed fee within 30 days after the 71.26 end of each reporting period, the commissioner shall assess a 71.27 penalty of $100 or eight percent, calculated on an annual basis, 71.28 of the fee due, whichever is greater, but no more than $500 for 71.29 each late semiannual report. A $15 penalty must be charged when 71.30 the semiannual report is late, even if no fee is due for the 71.31 reporting period. Seed fee permits may be revoked for failure 71.32 to comply with the applicable provisions of this paragraph or 71.33 the Minnesota seed law. 71.34 Subd. 3. [HYBRID SEED CORN VARIETY REGISTRATION 71.35 FEE.] Until August 1, 2006, and in accordance with section 71.36 21.90, subdivision 2, the fee for the registration of each 72.1 hybrid seed corn variety or blend is $50, which must be paid at 72.2 the time of registration. New hybrid seed corn variety 72.3 registrations received after March 1 and renewed registrations 72.4 of older varieties received after August 1 of each year have an 72.5 annual registration fee of $75 per variety. 72.6 Subd. 3a. [DISCONTINUATION OF REGISTRATION AND 72.7 TESTING.] The commissioner, in consultation with the Minnesota 72.8 agricultural experiment station, shall develop a standardized 72.9 testing method for labelers to determine relative maturity for 72.10 the hybrid seed corn sold in this state. Standards may be 72.11 developed without regard to chapter 14 and without complying 72.12 with section 14.386. After development of the standardized 72.13 method, the registration and testing of hybrids sold in this 72.14 state will no longer be required. 72.15 Subd. 4. [BRAND NAME REGISTRATION FEE.] The fee is $25 for 72.16 each variety registered for sale by brand name. 72.17 Sec. 22. Minnesota Statutes 2002, section 21.90, 72.18 subdivision 2, is amended to read: 72.19 Subd. 2. [FEES.] A record of each new hybrid seed field 72.20 corn variety to be sold in Minnesota shall be registered with 72.21 the commissioner byFebruaryMarch 1 of each year by the 72.22 originator or owner. Records of all other hybrid seed field 72.23 corn varieties sold in Minnesota shall be registered with the 72.24 commissioner by August 1 of each year by the originator or 72.25 owner. The commissioner shall establish the annual fee for 72.26 registration for each variety. The record shall include the 72.27 permanent designation of the hybrid as well as the day 72.28 classification and zone of adaptation, as determined under 72.29 subdivision 1, which the originator or owner declares to be the 72.30 zone in which the variety is adapted. In addition, at the time 72.31 of the first registration of a hybrid seed field corn variety, 72.32 the originator or owner shall include a sworn statement that the 72.33 declaration of the zone of adaptation was based on actual field 72.34 trials in that zone and that the field trials substantiate the 72.35 declaration as to the day and zone classifications to which the 72.36 variety is adapted. The name or number used to designate a 73.1 hybrid seed field corn variety in the registration is the only 73.2 name of all seed corn covered by or sold under that registration. 73.3 Sec. 23. Minnesota Statutes 2002, section 21.90, 73.4 subdivision 3, is amended to read: 73.5 Subd. 3. [TESTS OF VARIETIESTRANSFER OF MONEY.]If the73.6commissioner needs to verify that a hybrid seed field corn73.7variety is adapted to the corn growing zone declared by the73.8originator or owner, it must, when grown in several official73.9comparative trials by the director of the Minnesota agricultural73.10experiment station in the declared zone of adaptation, have an73.11average kernel moisture at normal harvest time which does not73.12differ from the average kernel moisture content of three or more73.13selected standard varieties adapted for grain production in that73.14particular growing zone by more than four percentage points. If73.15a new variety when tested has more than six percentage points of73.16moisture over the standard variety, it must have the relative73.17maturity increased by five days in the correct zone of73.18adaptation before it can be sold the second year. If it does73.19not exceed the standard varieties by more than five percentage73.20points of moisture the second year tested, it can be sold the73.21third year with the same relative maturity. If upon being73.22tested the third year the moisture percentage points are found73.23to be over the four percentage points allowed, the variety then73.24must have the relative maturity increased by five days in the73.25correct zone. The varieties to be used as standard varieties73.26for determining adaptability to a zone shall be selected for73.27each zone by the director of the Minnesota agricultural73.28experiment station with the advice and consent of the73.29commissioner of agriculture. Should a person, firm, originator,73.30or owner of a hybrid seed field corn variety wish to offer73.31hybrid seed for sale or distribution in this state, the person,73.32firm, originator, or owner not having distributed any products73.33in Minnesota during the past ten years, or not having any record73.34of testing by an agency acceptable to the commissioner, then73.35after registration of the variety the commissioner is required73.36to have the variety tested for one year by the director of the74.1Minnesota agricultural experiment station before it may be74.2distributed in Minnesota. Should any person, firm, originator,74.3or owner of a seed field corn variety be guilty of two74.4successive violations with respect to the declaration of74.5relative maturity date and zone number, then the violator must74.6commence a program of pretesting for varieties as determined by74.7the commissioner. The list of varieties to be used as standards74.8in each growing zone shall be sent by the commissioner not later74.9than February 1 of each year to each seed firm registering74.10hybrid varieties with the commissioner as of the previous April74.111.To assist in defraying the expenses of the Minnesota 74.12 agricultural experiment station in carrying out the provisions 74.13 of this section, there shall be transferred annually from the 74.14 seed inspection account to the agricultural experiment station a 74.15 sum which shall at least equal8060 percent of the total 74.16 revenue from all hybrid seed field corn variety registrations. 74.17 Sec. 24. Minnesota Statutes 2002, section 21.901, is 74.18 amended to read: 74.19 21.901 [BRAND NAME REGISTRATION.] 74.20 The owner or originator of a variety of nonhybrid seed that 74.21 is to be sold in this state must annually register the variety 74.22 with the commissioner if the variety is to be sold only under a 74.23 brand name. The registration must include the brand name and 74.24 the variety of seed. The brand name for a blend or mixture need 74.25 not be registered. 74.26The fee is $15 for each variety registered for sale by74.27brand name.74.28 Sec. 25. [REPEALER.] 74.29 Minnesota Statutes 2002, section 21.85, subdivisions 1, 3, 74.30 4, 5, 6, 7, 8, and 9, are repealed. Minnesota Statutes, section 74.31 21.891, subdivisions 3 and 3a, as added by this article, are 74.32 repealed August 1, 2006. 74.33 ARTICLE 4 74.34 INSPECTION AND ENFORCEMENT 74.35 Section 1. [18J.01] [DEFINITIONS.] 74.36 (a) The definitions in sections 18G.02 and 18H.02 apply to 75.1 this chapter. 75.2 (b) For purposes of this chapter, "associated rules" means 75.3 rules adopted under this chapter, chapter 18G or 18H, or 75.4 sections 21.80 to 21.92. 75.5 Sec. 2. [18J.02] [DUTIES OF COMMISSIONER.] 75.6 The commissioner shall administer and enforce this chapter, 75.7 chapters 18G and 18H, sections 21.80 to 21.92, and associated 75.8 rules. 75.9 Sec. 3. [18J.03] [CIVIL LIABILITY.] 75.10 A person regulated by this chapter, chapter 18G or 18H, or 75.11 sections 21.80 to 21.92, is civilly liable for any violation of 75.12 one of those statutes or associated rules by the person's 75.13 employee or agent. 75.14 Sec. 4. [18J.04] [INSPECTION, SAMPLING, ANALYSIS.] 75.15 Subdivision 1. [ACCESS AND ENTRY.] The commissioner, upon 75.16 presentation of official department credentials, must be granted 75.17 immediate access at reasonable times to sites where a person 75.18 manufactures, distributes, uses, handles, disposes of, stores, 75.19 or transports seeds, plants, or other living or nonliving 75.20 products or other objects regulated under chapter 18G or 18H, 75.21 sections 21.80 to 21.92, or associated rules. 75.22 Subd. 2. [PURPOSE OF ENTRY.] (a) The commissioner may 75.23 enter sites for: 75.24 (1) inspection of inventory and equipment for the 75.25 manufacture, storage, handling, distribution, disposal, or any 75.26 other process regulated under chapter 18G or 18H, sections 21.80 75.27 to 21.92, or associated rules; 75.28 (2) sampling of sites, seeds, plants, products, or other 75.29 living or nonliving objects that are manufactured, stored, 75.30 distributed, handled, or disposed of at those sites and 75.31 regulated under chapter 18G or 18H, sections 21.80 to 21.92, or 75.32 associated rules; 75.33 (3) inspection of records related to the manufacture, 75.34 distribution, storage, handling, or disposal of seeds, plants, 75.35 products, or other living or nonliving objects regulated under 75.36 chapter 18G or 18H, sections 21.80 to 21.92, or associated 76.1 rules; 76.2 (4) investigating compliance with chapter 18G or 18H, 76.3 sections 21.80 to 21.92, or associated rules; or 76.4 (5) other purposes necessary to implement chapter 18G or 76.5 18H, sections 21.80 to 21.92, or associated rules. 76.6 (b) The commissioner may enter any public or private 76.7 premises during or after regular business hours without notice 76.8 of inspection when a suspected violation of chapter 18G or 18H, 76.9 sections 21.80 to 21.92, or associated rules may threaten public 76.10 health or the environment. 76.11 Subd. 3. [NOTICE OF INSPECTION SAMPLES AND ANALYSES.] (a) 76.12 The commissioner shall provide the owner, operator, or agent in 76.13 charge with a receipt describing any samples obtained. If 76.14 requested, the commissioner shall split any samples obtained and 76.15 provide them to the owner, operator, or agent in charge. If an 76.16 analysis is made of the samples, a copy of the results of the 76.17 analysis must be furnished to the owner, operator, or agent in 76.18 charge within 30 days after an analysis has been performed. If 76.19 an analysis is not performed, the commissioner must notify the 76.20 owner, operator, or agent in charge within 30 days of the 76.21 decision not to perform the analysis. 76.22 (b) The sampling and analysis must be done according to 76.23 methods provided for under applicable provisions of chapter 18G 76.24 or 18H, sections 21.80 to 21.92, or associated rules. In cases 76.25 not covered by those sections and methods or in cases where 76.26 methods are available in which improved applicability has been 76.27 demonstrated the commissioner may adopt appropriate methods from 76.28 other sources. 76.29 Subd. 4. [INSPECTION REQUESTS BY OTHERS.] (a) A person who 76.30 believes that a violation of chapter 18G or 18H, sections 21.80 76.31 to 21.92, or associated rules has occurred may request an 76.32 inspection by giving notice to the commissioner of the 76.33 violation. The notice must be in writing, state with reasonable 76.34 particularity the grounds for the notice, and be signed by the 76.35 person making the request. 76.36 (b) If after receiving a notice of violation the 77.1 commissioner reasonably believes that a violation has occurred, 77.2 the commissioner shall make a special inspection in accordance 77.3 with the provisions of this section as soon as practicable, to 77.4 determine if a violation has occurred. 77.5 (c) An inspection conducted pursuant to a notice under this 77.6 subdivision may cover an entire site and is not limited to the 77.7 portion of the site specified in the notice. If the 77.8 commissioner determines that reasonable grounds to believe that 77.9 a violation occurred do not exist, the commissioner must notify 77.10 the person making the request in writing of the determination. 77.11 Subd. 5. [ORDER TO ENTER AFTER REFUSAL.] After a refusal 77.12 or an anticipated refusal based on a prior refusal to allow 77.13 entrance on a prior occasion by an owner, operator, or agent in 77.14 charge to allow entry as specified in this section, the 77.15 commissioner may apply for an order in the district court in the 77.16 county where a site is located, that compels a person with 77.17 authority to allow the commissioner to enter and inspect the 77.18 site. 77.19 Subd. 6. [VIOLATOR LIABLE FOR INSPECTION COSTS.] (a) The 77.20 cost of reinspection and reinvestigation may be assessed by the 77.21 commissioner if the person subject to an order of the 77.22 commissioner does not comply with the order in a reasonable time 77.23 as provided in the order. 77.24 (b) The commissioner may enter an order for recovery of the 77.25 inspection and investigation costs. 77.26 Subd. 7. [INVESTIGATION AUTHORITY.] (a) In making 77.27 inspections under this chapter, the commissioner may administer 77.28 oaths, certify official acts, issue subpoenas to take and cause 77.29 to be taken depositions of witnesses, and compel the attendance 77.30 of witnesses and production of papers, books, documents, 77.31 records, and testimony. 77.32 (b) If a person fails to comply with a subpoena, or a 77.33 witness refuses to produce evidence or to testify to a matter 77.34 about which the person may be lawfully questioned, the district 77.35 court shall, on application of the commissioner, compel 77.36 obedience proceedings for contempt, as in the case of 78.1 disobedience of the requirements of a subpoena issued by the 78.2 court or a refusal to testify in court. 78.3 Sec. 5. [18J.05] [ENFORCEMENT.] 78.4 Subdivision 1. [ENFORCEMENT REQUIRED.] (a) A violation of 78.5 chapter 18G or 18H, sections 21.80 to 21.92, or an associated 78.6 rule is a violation of this chapter. 78.7 (b) Upon the request of the commissioner, county attorneys, 78.8 sheriffs, and other officers having authority in the enforcement 78.9 of the general criminal laws must take action to the extent of 78.10 their authority necessary or proper for the enforcement of 78.11 chapter 18G or 18H, sections 21.80 to 21.92, or associated rules 78.12 or valid orders, standards, stipulations, and agreements of the 78.13 commissioner. 78.14 Subd. 2. [COMMISSIONER'S DISCRETION.] If minor violations 78.15 of chapter 18G or 18H, sections 21.80 to 21.92, or associated 78.16 rules occur or the commissioner believes the public interest 78.17 will be best served by a suitable notice of warning in writing, 78.18 this section does not require the commissioner to: 78.19 (1) report the violation for prosecution; 78.20 (2) institute seizure proceedings; or 78.21 (3) issue a withdrawal from distribution, stop-sale, or 78.22 other order. 78.23 Subd. 3. [CIVIL ACTIONS.] Civil judicial enforcement 78.24 actions may be brought by the attorney general in the name of 78.25 the state on behalf of the commissioner. A county attorney may 78.26 bring a civil judicial enforcement action upon the request of 78.27 the commissioner and agreement by the attorney general. 78.28 Subd. 4. [INJUNCTION.] The commissioner may apply to a 78.29 court with jurisdiction for a temporary or permanent injunction 78.30 to prevent, restrain, or enjoin violations of this chapter. 78.31 Subd. 5. [CRIMINAL ACTIONS.] For a criminal action, the 78.32 county attorney from the county where a criminal violation 78.33 occurred is responsible for prosecuting a violation of this 78.34 chapter. If the county attorney refuses to prosecute, the 78.35 attorney general on request of the commissioner may prosecute. 78.36 Subd. 6. [AGENT FOR SERVICE OF PROCESS.] All persons 79.1 licensed, permitted, registered, or certified under chapter 18G 79.2 or 18H, sections 21.80 to 21.92, or associated rules as 79.3 individuals must appoint the commissioner as the agent upon whom 79.4 all legal process may be served and service upon the 79.5 commissioner is deemed to be service on the licensee, permittee, 79.6 registrant, or certified person. 79.7 Sec. 6. [18J.06] [FALSE STATEMENT OR RECORD.] 79.8 A person must not knowingly make or offer a false 79.9 statement, record, or other information as part of: 79.10 (1) an application for registration, license, 79.11 certification, or permit under chapter 18G or 18H, sections 79.12 21.80 to 21.92, or associated rules; 79.13 (2) records or reports required under chapter 18G or 18H, 79.14 sections 21.80 to 21.92, or associated rules; or 79.15 (3) an investigation of a violation of chapter 18G or 18H, 79.16 sections 21.80 to 21.92, or associated rules. 79.17 Sec. 7. [18J.07] [ADMINISTRATIVE ACTION.] 79.18 Subdivision 1. [ADMINISTRATIVE REMEDIES.] The commissioner 79.19 make seek to remedy violations by a written warning, 79.20 administrative meeting, cease and desist, stop-use, stop-sale, 79.21 removal, correction order, or an order, seizure, stipulation, or 79.22 agreement, if the commissioner determines that the remedy is in 79.23 the public interest. 79.24 Subd. 2. [REVOCATION AND SUSPENSION.] The commissioner 79.25 may, after written notice and hearing, revoke, suspend, or 79.26 refuse to grant or renew a registration, permit, license, or 79.27 certification if a person violates this chapter or has a history 79.28 within the last three years of violation of this chapter. 79.29 Subd. 3. [CANCELLATION OF REGISTRATION, PERMIT, LICENSE, 79.30 CERTIFICATION.] The commissioner may cancel or revoke a 79.31 registration, permit, license, or certification provided for 79.32 under chapter 18G or 18H, sections 21.80 to 21.92, or associated 79.33 rules or refuse to register, permit, license, or certify under 79.34 provisions of chapter 18G or 18H, sections 21.80 to 21.92, or 79.35 associated rules if the registrant, permittee, licensee, or 79.36 certified person has used fraudulent or deceptive practices in 80.1 the evasion or attempted evasion of a provision of chapter 18G 80.2 or 18H, sections 21.80 to 21.92, or associated rules. 80.3 Subd. 4. [SERVICE OF ORDER OR NOTICE.] (a) If a person is 80.4 not available for service of an order, the commissioner may 80.5 attach the order to the facility, site, seed or seed container, 80.6 plant or other living or nonliving object regulated under 80.7 chapter 18G or 18H, sections 21.80 to 21.92, or associated rules 80.8 and notify the owner, custodian, other responsible party, or 80.9 registrant. 80.10 (b) The seed, seed container, plant, or other living or 80.11 nonliving object regulated under chapter 18G or 18H, sections 80.12 21.80 to 21.92, or associated rules may not be sold, used, 80.13 tampered with, or removed until released under conditions 80.14 specified by the commissioner, by an administrative law judge, 80.15 or by a court. 80.16 Subd. 5. [UNSATISFIED JUDGMENTS.] (a) An applicant for a 80.17 license, permit, registration, or certification under provisions 80.18 of this chapter, chapter 18G or 18H, sections 21.80 to 21.92, or 80.19 associated rules may not allow a final judgment against the 80.20 applicant for damages arising from a violation of those statutes 80.21 or rules to remain unsatisfied for a period of more than 30 days. 80.22 (b) Failure to satisfy, within 30 days, a final judgment 80.23 resulting from a violation of this chapter results in automatic 80.24 suspension of the license, permit, registration, or 80.25 certification. 80.26 Sec. 8. [18J.08] [APPEALS OF COMMISSIONER'S ORDERS.] 80.27 Subdivision 1. [NOTICE OF APPEAL.] (a) After service of an 80.28 order, a person has 45 days from receipt of the order to notify 80.29 the commissioner in writing that the person intends to contest 80.30 the order. 80.31 (b) If the person fails to notify the commissioner that the 80.32 person intends to contest the order, the order is a final order 80.33 of the commissioner and not subject to further judicial or 80.34 administrative review. 80.35 Subd. 2. [ADMINISTRATIVE REVIEW.] If a person notifies the 80.36 commissioner that the person intends to contest an order issued 81.1 under this section, the state office of administrative hearings 81.2 must conduct a hearing in accordance with the applicable 81.3 provisions of chapter 14 for hearings in contested cases. 81.4 Subd. 3. [JUDICIAL REVIEW.] Judicial review of a final 81.5 decision in a contested case is available as provided in chapter 81.6 14. 81.7 Sec. 9. [18J.09] [CREDITING OF PENALTIES, FEES, AND 81.8 COSTS.] 81.9 Penalties, cost reimbursements, fees, and other money 81.10 collected under this chapter must be deposited into the state 81.11 treasury and credited to the appropriate plant protection, 81.12 nursery, or seed account. 81.13 Sec. 10. [18J.10] [CIVIL PENALTIES.] 81.14 Subdivision 1. [GENERAL PENALTY.] Except as provided in 81.15 subdivision 2, a person who violates this chapter or an order, 81.16 standard, stipulation, agreement, or schedule of compliance of 81.17 the commissioner is subject to a civil penalty of up to $7,500 81.18 per day of violation as determined by the court. 81.19 Subd. 2. [DEFENSE TO CIVIL REMEDIES AND DAMAGES.] As a 81.20 defense to a civil penalty or claim for damages under 81.21 subdivision 1, the defendant may prove that the violation was 81.22 caused solely by an act of God, an act of war, or an act or 81.23 failure to act that constitutes sabotage or vandalism, or any 81.24 combination of these defenses. 81.25 Subd. 3. [ACTIONS TO COMPEL PERFORMANCE.] In an action to 81.26 compel performance of an order of the commissioner to enforce a 81.27 provision of this chapter, the court may require a defendant 81.28 adjudged responsible to perform the acts within the person's 81.29 power that are reasonably necessary to accomplish the purposes 81.30 of the order. 81.31 Subd. 4. [RECOVERY OF PENALTIES BY CIVIL ACTION.] The 81.32 civil penalties and payments provided for in this chapter may be 81.33 recovered by a civil action brought by the county attorney or 81.34 the attorney general in the name of the state. 81.35 Sec. 11. [18J.11] [CRIMINAL PENALTIES.] 81.36 Subdivision 1. [GENERAL VIOLATION.] Except as provided in 82.1 subdivisions 2 and 3, a person is guilty of a misdemeanor if the 82.2 person violates this chapter or an order, standard, stipulation, 82.3 agreement, or schedule of compliance of the commissioner. 82.4 Subd. 2. [VIOLATION ENDANGERING HUMANS.] A person is 82.5 guilty of a gross misdemeanor if the person violates this 82.6 chapter or an order, standard, stipulation, agreement, or 82.7 schedule of compliance of the commissioner, and the violation 82.8 endangers humans. 82.9 Subd. 3. [VIOLATION WITH KNOWLEDGE.] A person is guilty of 82.10 a gross misdemeanor if the person knowingly violates this 82.11 chapter or an order, standard, stipulation, agreement, or 82.12 schedule of compliance of the commissioner. 82.13 ARTICLE 5 82.14 MISCELLANEOUS CHANGES 82.15 Section 1. [REPEALER.] 82.16 Minnesota Statutes 2002, sections 18.012; 18.021; 18.022; 82.17 18.0223; 18.0225; 18.0227; 18.0228; 18.0229; 18.023; 18.024; 82.18 18.041; 18.051; 18.061; 18.071; 18.081; 18.091; 18.101; 18.111; 82.19 18.121; 18.131; 18.141; 18.151; 18.161; 18.331; 18.332; 18.333; 82.20 18.334; 18.335; 18.44; 18.45; 18.46; 18.47; 18.48; 18.49; 18.50; 82.21 18.51; 18.52; 18.525; 18.53; 18.54; 18.55; 18.56; 18.57; 18.59; 82.22 18.60; and 18.61, are repealed.