SF 1459

as introduced - 89th Legislature (2015 - 2016) Posted on 03/30/2015 11:31am

A bill for an act
relating to agriculture; making policy and technical changes to various agriculture
related provisions, including provisions related to loans, pesticides, fertilizer, soil
amendment, plant amendment, registrations, agricultural chemicals, seeds, grain
storage, and food; modifying fees; repealing agricultural growth, research, and
innovation program sunset; amending Minnesota Statutes 2014, sections 17.03,
subdivision 11a; 17.117, subdivision 11; 18B.37, subdivisions 2, 3, 4; 18B.38,
subdivision 1; 18C.235, subdivision 1; 18C.411, by adding a subdivision;
18D.201, subdivision 6; 21.81, by adding subdivisions; 21.82, subdivisions 2,
4; 21.85, subdivision 2, by adding a subdivision; 21.87; 21.89, subdivision 2;
21.891, subdivisions 2, 5; 34A.11; 232.22, subdivision 5; repealing Minnesota
Statutes 2014, sections 18C.235, subdivision 2; 41A.12, subdivision 4.

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

Section 1.

Minnesota Statutes 2014, section 17.03, subdivision 11a, is amended to read:

Subd. 11a.

Permitting efficiency goal and report.

(a) It is the goal of the
Department of Agriculture that environmental and resource management permits be
issued or denied within 150 days of the submission of a completed permit application.
The commissioner of agriculture shall establish management systems designed to achieve
the goal.

(b) The commissioner shall prepare deleted text begin semiannual deleted text end new text begin an annual new text end permitting efficiency
deleted text begin reports deleted text end new text begin report new text end that deleted text begin include deleted text end new text begin includes new text end statistics on meeting the goal in paragraph (a). The
deleted text begin reports are deleted text end new text begin report is new text end due February 1 deleted text begin and August 1 deleted text end of each year. For permit applications
that have not met the goal, the report must state the reasons for not meeting the goal, steps
that will be taken to complete action on the application, and the expected timeline. In
stating the reasons for not meeting the goal, the commissioner shall separately identify
delays caused by the responsiveness of the proposer, lack of staff, scientific or technical
disagreements, or the level of public engagement. The report must specify the number
of days from initial submission of the application to the day of determination that the
application is complete. The report deleted text begin for the final quarter of the fiscal year deleted text end must aggregate
the data for the year and assess whether program or system changes are necessary to
achieve the goal. The report must be posted on the department Web site and submitted to
the governor and the chairs of the house of representatives and senate committees having
jurisdiction over agriculture policy and finance.

(c) The commissioner shall allow electronic submission of environmental review
and permit documents to the department.

Sec. 2.

Minnesota Statutes 2014, section 17.117, subdivision 11, is amended to read:

Subd. 11.

Loans issued to borrower.

(a) Local lenders may issue loans only for
projects that are approved and certified by the local government unit as meeting priority
needs identified in a comprehensive water management plan or other local planning
documents, are in compliance with accepted practices, standards, specifications, or
criteria, and are eligible for financing under Environmental Protection Agency or other
applicable guidelines.

(b) The local lender may use any additional criteria considered necessary to
determine the eligibility of borrowers for loans.

(c) Local lenders shall set the terms and conditions of loans to borrowers, except that:

(1) no loan to a borrower may exceed deleted text begin $100,000 deleted text end new text begin $200,000 new text end ;

(2) no loan for a project may exceed deleted text begin $100,000 deleted text end new text begin $200,000 new text end ; and

(3) no borrower shall, at any time, have multiple loans from this program with a total
outstanding loan balance of more than deleted text begin $100,000 deleted text end new text begin $200,000 new text end .

(d) The maximum term length for projects in this paragraph is ten years.

(e) Fees charged at the time of closing must:

(1) be in compliance with normal and customary practices of the local lender;

(2) be in accordance with published fee schedules issued by the local lender;

(3) not be based on participation program; and

(4) be consistent with fees charged other similar types of loans offered by the local
lender.

(f) The interest rate assessed to an outstanding loan balance by the local lender must
not exceed three percent per year.

Sec. 3.

Minnesota Statutes 2014, section 18B.37, subdivision 2, is amended to read:

Subd. 2.

Commercial and noncommercial applicators.

(a) A commercial or
noncommercial applicator, or the applicator's authorized agent, must maintain a record of
pesticides used on each site. Noncommercial applicators must keep records of restricted
use pesticides. The record must include the:

(1) date of the pesticide use;

(2) time the pesticide application was completed;

(3) brand name of the pesticide, the United States Environmental Protection Agency
registration number, and deleted text begin dosage deleted text end new text begin rate new text end used;

(4) number of units treated;

(5) temperature, wind speed, and wind direction;

(6) location of the site where the pesticide was applied;

(7) name and address of the customer;

(8) name deleted text begin and signature deleted text end of applicator, name of company, license number of applicator,
and address of applicator company; and

(9) any other information required by the commissioner.

(b) Portions of records not relevant to a specific type of application may be omitted
upon approval from the commissioner.

(c) All information for this record requirement must be contained in a deleted text begin single page deleted text end
document for each pesticide application, except a map may be attached to identify treated
areas. deleted text begin For the rights-of-way and wood preservative categories, the required record may
not exceed five pages. deleted text end An invoice containing the required information may constitute
the required record. The commissioner shall make sample forms available to meet the
requirements of this paragraph.

new text begin (d) The record must be completed no later than five days after the application of
the pesticide.
new text end

new text begin (e) The applicator must post a complete record in a public area or conspicuous
location to notify occupants of multiple-unit dwellings or users of other public buildings
that a pesticide application was made on the property.
new text end

deleted text begin (d) deleted text end new text begin (f) new text end A commercial applicator must give a copy of the record to the customer.

deleted text begin (e) deleted text end new text begin (g) new text end Records must be retained by the applicator, company, or authorized agent
for five years after the date of treatment.

Sec. 4.

Minnesota Statutes 2014, section 18B.37, subdivision 3, is amended to read:

Subd. 3.

Structural pest control applicators.

(a) A structural pest control
applicator must maintain a record of each structural pest control application conducted by
that person or by the person's employees. The record must include the:

(1) date of structural pest control application;

(2) target pest;

(3) brand name of the pesticide, United States Environmental Protection Agency
registration number, and amount used;

(4) for fumigation, the temperature and exposure time;

(5) time the pesticide application was completed;

(6) name and address of the customer;

(7) name deleted text begin and signature deleted text end of structural pest control applicator deleted text begin ; deleted text end new text begin , new text end name of company
and address of applicator or company, deleted text begin applicator's signature, deleted text end and license number of
applicator; and

(8) any other information required by the commissioner.

(b) All information for this record requirement must be contained in a deleted text begin single-page deleted text end
document for each pesticide application. An invoice containing the required information
may constitute the record.

new text begin (c) The record must be completed no later than five days after the application of
the pesticide.
new text end

new text begin (d) The applicator must post a complete record in a public area or conspicuous
location to notify occupants of multiple-unit dwellings or users of other public buildings
that a pesticide application was made on the property.
new text end

deleted text begin (c) deleted text end new text begin (e) new text end Records must be retained for five years after the date of treatment.

deleted text begin (d) deleted text end new text begin (f) new text end A copy of the record must be given to a person who ordered the application
that is present at the site where the structural pest control application is conducted, placed
in a conspicuous location at the site where the structural pest control application is
conducted immediately after the application of the pesticides, or delivered to the person
who ordered an application or the owner of the site. The commissioner must make sample
forms available that meet the requirements of this subdivision.

Sec. 5.

Minnesota Statutes 2014, section 18B.37, subdivision 4, is amended to read:

Subd. 4.

Incident response plan.

A pesticide dealer, agricultural pesticide dealer,
or a commercial, noncommercial, or structural pest control deleted text begin business deleted text end new text begin company or a person
who is required to be permitted to store or produce bulk agricultural chemicals new text end must
develop and maintain an incident response plan that describes the actions that will be
taken to prevent and respond to pesticide new text begin agricultural chemical new text end incidents. The plan must
deleted text begin contain the same information as forms provided by the commissioner deleted text end new text begin include information
the commissioner deems necessary to respond to an agricultural chemical emergency
incident. The commissioner shall make sample incident response plan forms available new text end .
The plan must be kept at a principal business site or location within this state and must be
submitted to the commissioner upon request. new text begin The plan must be:
new text end

new text begin (1) updated every three years, or whenever information on the form becomes out of
date, whichever is earlier;
new text end

new text begin (2) reviewed with employees at least once per calendar year and include
documentation of training events; and
new text end

new text begin (3) made available to local first responders and documented accordingly.
new text end

Sec. 6.

Minnesota Statutes 2014, section 18B.38, subdivision 1, is amended to read:

Subdivision 1.

Requirements.

In submitting data required by this chapter, deleted text begin the
applicant deleted text end new text begin a responsible person new text end may:

(1) clearly mark new text begin or inform the department in writing that new text end any deleted text begin portions deleted text end new text begin written or
electronic documents obtained by the department or submitted to the department new text end that new text begin , new text end in
the applicant's opinion deleted text begin are deleted text end new text begin , contain new text end trade secrets, commercial new text begin information new text end , deleted text begin or deleted text end financial
information new text begin , or proprietary information may be designated as "proprietary" new text end ; and

(2) submit the marked material separately from other material.

Sec. 7.

Minnesota Statutes 2014, section 18C.235, subdivision 1, is amended to read:

Subdivision 1.

Plan required.

A person new text begin required to be licensed under section
18C.415, or a person new text end who stores fertilizers, soil amendment, or plant amendment products
in bulk must develop and maintain deleted text begin a contingency plan that describes the storage, handling,
disposal, and incident handling practices. deleted text end new text begin an incident response plan that describes the
actions that will be taken to prevent and respond to agricultural chemical incidents.
The plan must include information the commissioner deems necessary to respond to an
agricultural chemical emergency incident. The commissioner shall make sample incident
response plan forms available. The plan must be kept at a principal business site or
location within this state and must be submitted to the commissioner upon request. The
plan must be:
new text end

new text begin (1) updated every three years, or whenever information on the form becomes out of
date, whichever is earlier;
new text end

new text begin (2) reviewed with employees at least once per calendar year and include
documentation of training events; and
new text end

new text begin (3) made available to local first responders and documented accordingly.
new text end

new text begin (b) A person also required to maintain an incident response plan under section
18B.37 is not required to maintain a separate incident response plan under this subdivision.
new text end

Sec. 8.

Minnesota Statutes 2014, section 18C.411, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Discontinuance of specialty fertilizer, soil amendment, and plant
amendment registration. new text end

new text begin To ensure complete withdrawal from distribution or further
use of a specialty fertilizer, soil amendment, or plant amendment a person who intends to
discontinue a specialty fertilizer, soil amendment, and plant amendment registration must:
new text end

new text begin (1) terminate any further distribution of the specialty fertilizer, soil amendment, or
plant amendment within the state;
new text end

new text begin (2) continue to register the specialty fertilizer, soil amendment, or plant amendment
annually for two successive years;
new text end

new text begin (3) initiate and complete a total recall of the specialty fertilizer, soil amendment,
or plant amendment from all distribution in the state within 60 days from the date of
notification to the commissioner of intent to discontinue registration; or
new text end

new text begin (4) submit to the commissioner evidence adequate to document that no distribution
of the registered specialty fertilizer, soil amendment, or plant amendment has occurred in
the state.
new text end

Sec. 9.

Minnesota Statutes 2014, section 18D.201, subdivision 6, is amended to read:

Subd. 6.

Investigation authority.

(a) In making inspections under this chapter,
the commissioner may administer oaths, certify official acts, issue subpoenas to take
and cause to be taken depositions of witnesses, deleted text begin and deleted text end compel the attendance of witnesses
and production of papers, books, documents, records, and testimony new text begin , and obtain photos,
videos, and other electronic data as part of an inspection or investigation new text end .

(b) If a person fails to comply with a subpoena, or a witness refuses to produce
evidence or to testify to a matter about which the person may be lawfully questioned, the
district court shall, on application of the commissioner, compel obedience proceedings
for contempt, as in the case of disobedience of the requirements of a subpoena issued by
the court or a refusal to testify in court.

Sec. 10.

Minnesota Statutes 2014, section 21.81, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Address. new text end

new text begin "Address" means the complete primary mailing address of the
labeler or the person or firm selling seed. A complete address includes the street address,
post office box, or rural route, and city, state, and zip code or postal code.
new text end

Sec. 11.

Minnesota Statutes 2014, section 21.81, is amended by adding a subdivision to
read:

new text begin Subd. 27a. new text end

new text begin Total viable. new text end

new text begin "Total viable" means the sum of the germination
percentage, plus hard seeds, dormant seeds, or both.
new text end

Sec. 12.

Minnesota Statutes 2014, section 21.82, subdivision 2, is amended to read:

Subd. 2.

Content.

For agricultural, vegetable, flower, or wildflower seeds offered
for sale as agricultural seed, except as otherwise provided in subdivisions 4, 5, and 6, the
label must contain:

(a) The name of the kind or kind and variety for each seed component in excess
of five percent of the whole and the percentage by weight of each in order of its
predominance. The commissioner shall by rule designate the kinds that are required to be
labeled as to variety. If the variety of those kinds generally labeled as to variety is not
stated and it is not required to be stated, the label shall show the name of the kind and the
words: "Variety not stated." The heading "pure seed" must be indicated on the seed label
in close association with other required label information.

(1) The percentage that is hybrid shall be at least 95 percent of the percentage of pure
seed shown unless the percentage of pure seed which is hybrid seed is shown separately.
If two or more kinds or varieties are present in excess of five percent and are named on
the label, each that is hybrid shall be designated as hybrid on the label. Any one kind or
kind and variety that has pure seed which is less than 95 percent but more than 75 percent
hybrid seed as a result of incompletely controlled pollination in a cross shall be labeled to
show the percentage of pure seed that is hybrid seed or a statement such as "contains from
75 percent to 95 percent hybrid seed." No one kind or variety of seed shall be labeled as
hybrid if the pure seed contains less than 75 percent hybrid seed. The word hybrid shall be
shown on the label in conjunction with the kind.

(2) Blends shall be listed on the label using the term "blend" in conjunction with
the kind.

(3) Mixtures shall be listed on the label using the term "mixture," "mix," or "mixed."

(b) Lot number or other lot identification.

(c) Origin, if known, or that the origin is unknown.

(d) Percentage by weight of all weed seeds present. This percentage may not exceed
one percent. The heading "weed seed" must be indicated on the seed label in close
association with other required label information.

(e) Name and rate of occurrence per pound of each kind of restricted noxious weed
seeds present. They must be listed under the heading "noxious weed seeds" in close
association with other required label information.

(f) Percentage by weight of seeds other than those kinds and varieties required
to be named on the label. They must be listed under the heading "other crop" in close
association with other required label information.

(g) Percentage by weight of inert matter. The heading "inert matter" must be
indicated on the seed label in close association with other required label information.

(h) Net weight of contents, to appear on either the container or the label.

(i) For each named kind or variety of seed:

(1) percentage of germination, exclusive of hard or dormant seed or both;

(2) percentage of hard or dormant seed or both, if present; and

(3) the calendar month and year the percentages were determined by test or the
statement "sell by (month and year)" which may not be more than 12 months from the
date of test, exclusive of the month of test.

The headings for "germination" and "hard seed or dormant seed" percentages must be
stated separately on the seed label. A separate percentage derived from combining these
percentages may also be stated on the seed label deleted text begin , but the heading for this percentage must
be "total germination and hard seed or dormant seed when applicable." They must not be
stated as "total live seed," "total germination," or in any other unauthorized manner. deleted text end new text begin as
"total viable."
new text end

(j) Name and address of the person who labeled the seed or who sells the seed within
this state, or a code number which has been registered with the commissioner.

Sec. 13.

Minnesota Statutes 2014, section 21.82, subdivision 4, is amended to read:

Subd. 4.

Hybrid seed corn.

For hybrid seed corn purposes a label must contain:

(1) a statement indicating the number of seeds in the container may be listed along
with or in lieu of the net weight of contents; and

(2) for each variety of hybrid seed field corn, the day classification as determined
by the originator or owner. The day classification must approximate the number of days
of growing season necessary from emergence of the corn plant above ground to relative
maturity and must deleted text begin conform to the day classification established by the director of deleted text end new text begin be
within three days of maturity ratings determined in comparative trials by new text end the Minnesota
agricultural experiment station deleted text begin for the appropriate zone deleted text end .

Sec. 14.

Minnesota Statutes 2014, section 21.85, subdivision 2, is amended to read:

Subd. 2.

Seed laboratory.

new text begin (a) new text end The commissioner shall establish and maintain a seed
laboratory for seed testing, employing necessary agents and assistants to administer and
enforce sections 21.80 to 21.92, who shall be governed by chapter 43A.

new text begin (b) The laboratory procedures for testing official seed samples are the procedures
set forth in the Rules for Testing Seeds that is published annually by the Association of
Official Seed Analysts. If a laboratory procedure rule does not exist for a particular type
of seed, then laboratory procedures from other recognized seed testing sources may be
used, including procedures under the Code of Federal Regulations, title 7, part 201, or
the International Rules for Testing Seeds.
new text end

Sec. 15.

Minnesota Statutes 2014, section 21.85, is amended by adding a subdivision
to read:

new text begin Subd. 15. new text end

new text begin Prohibited and restricted seeds. new text end

new text begin The commissioner shall determine
species that are considered prohibited weed seeds and restricted noxious weed seeds and
the allowable rate of occurrence of restricted noxious weed seeds.
new text end

Sec. 16.

Minnesota Statutes 2014, section 21.87, is amended to read:

21.87 EXEMPTION.

new text begin (a) new text end Sections 21.82 and 21.83 do not apply:

deleted text begin (a) deleted text end new text begin (1) new text end to seed or grain not intended for sowing purposes;

deleted text begin (b) deleted text end new text begin (2) new text end to seed in storage in or being transported or consigned to a conditioning
establishment for conditioning, provided that the invoice or label accompanying any
shipment of the seeds bears the statement "seeds for conditioning," and provided that any
labeling or other representation which may be made with respect to the unconditioned
seed is subject to the provisions of sections 21.82 and 21.83; or

deleted text begin (c) deleted text end new text begin (3) new text end to any carrier with respect to seed transported or delivered for transportation
in the ordinary course of its business as a carrier, provided that the carrier is not engaged
in producing, conditioning, or marketing seeds subject to sections 21.82 and 21.83.

new text begin (b) The commissioner may grant exemptions to specific labeling requirements for
seed lots offered for sale or exchange by an organization or individual if:
new text end

new text begin (1) sales or exchanges of the seed lots are conducted by a verifiable nonprofit
charitable, educational, or religious organization;
new text end

new text begin (2) sales, exchanges, or distributions of seed occur at a single location;
new text end

new text begin (3) proceeds from the entity's seed sales, exchanges, or distributions are used for
charitable, educational, or religious purposes; monetary proceeds do not exceed $1,000; or
the seed exchange occurs among a group with established procedures for donation and
receipt of seed sufficient to enable tracking of the kind, variety, and source of the seed;
new text end

new text begin (4) the seed is distributed within one year of collection of the seeds;
new text end

new text begin (5) exchange members are notified that the seed has not been tested to ensure that
minimum germination standards are met and seed distributed to nonmembers is clearly
marked by a label statement or point of distribution signage that seed quality and identity
is not guaranteed; and
new text end

new text begin (6) all seed sold, exchanged, or distributed by the individual is intended for planting
in Minnesota.
new text end

new text begin (c) All seed sold, distributed, or exchanged under paragraph (b) must have prior
approval from the commissioner who shall prescribe the conditions of the exempt seed
sales. An exemption will not be granted and an existing exemption shall be nullified if
the organization or seed lots distributed by the organization are found to be involved
with or contain:
new text end

new text begin (1) seed of patented, protected, or proprietary varieties used without permission of
patent or certificate holder or developer or owner of the intellectual property associated
with the seed variety;
new text end

new text begin (2) seed treated with pesticides;
new text end

new text begin (3) a misuse or misrepresentation of the certified seed status;
new text end

new text begin (4) noxious weed seeds as listed in Minnesota Rules, parts 1510.0271 and 1510.0320,
species listed as noxious by the commissioner under authority of the Minnesota Noxious
Weed Law under chapter 18, or species considered invasive under chapter 84D; or
new text end

new text begin (5) seed obtained from another party that has previously been placed under stop-sale
order by the commissioner or the seed regulatory agency of any state, province, or
country, or whose germination test date, sell-by date, or packed-for date has expired, or is
otherwise not legal for sale in Minnesota.
new text end

Sec. 17.

Minnesota Statutes 2014, section 21.89, subdivision 2, is amended to read:

Subd. 2.

Permits; issuance and revocation.

The commissioner shall issue a permit
to the initial labeler of agricultural, vegetable, flower, and wildflower seeds which are sold
for use in Minnesota and which conform to and are labeled under sections 21.80 to 21.92.
The categories of permits are as follows:

(1) for initial labelers who sell 50,000 pounds or less of agricultural seed each
calendar year, an annual permit issued for a fee established in section 21.891, subdivision
2, paragraph (b);

(2) for initial labelers who sell vegetable, flower, and wildflower seed packed for
use in home gardens or household plantings, new text begin and initial labelers who sell native grasses
and wildflower seed in commercial or agricultural quantities, new text end an annual permit issued for
a fee established in section 21.891, subdivision 2, paragraph (c), based upon the gross
sales from the previous year; and

(3) for initial labelers who sell more than 50,000 pounds of agricultural seed
each calendar year, a permanent permit issued for a fee established in section 21.891,
subdivision 2, paragraph (d).

In addition, the person shall furnish to the commissioner an itemized statement of all
seeds sold in Minnesota for the periods established by the commissioner. This statement
shall be delivered, along with the payment of the fee, based upon the amount and type
of seed sold, to the commissioner no later than 30 days after the end of each reporting
period. Any person holding a permit shall show as part of the analysis labels or invoices
on all agricultural, vegetable, flower, wildflower, tree, or shrub seeds all information the
commissioner requires. The commissioner may revoke any permit in the event of failure
to comply with applicable laws and rules.

Sec. 18.

Minnesota Statutes 2014, section 21.891, subdivision 2, is amended to read:

Subd. 2.

Seed fee permits.

(a) An initial labeler who wishes to sell seed in
Minnesota must comply with section 21.89, subdivisions 1 and 2, and the procedures in
this subdivision. Each initial labeler who wishes to sell seed in Minnesota must apply to
the commissioner to obtain a permit. The application must contain the name and address of
the applicant, the application date, and the name and title of the applicant's contact person.

(b) The application for a seed permit covered by section 21.89, subdivision 2, clause
(1), must be accompanied by an application fee of deleted text begin $50 deleted text end new text begin $75 new text end .

(c) The application for a seed permit covered by section 21.89, subdivision 2, clause
(2), must be accompanied by an application fee based on the level of annual gross sales
as follows:

(1) for gross sales of $0 to $25,000, the annual permit fee is deleted text begin $50 deleted text end new text begin $75 new text end ;

(2) for gross sales of $25,001 to $50,000, the annual permit fee is deleted text begin $100 deleted text end new text begin $150 new text end ;

(3) for gross sales of $50,001 to $100,000, the annual permit fee is deleted text begin $200 deleted text end new text begin $300 new text end ;

(4) for gross sales of $100,001 to $250,000, the annual permit fee is deleted text begin $500 deleted text end new text begin $750 new text end ;

(5) for gross sales of $250,001 to $500,000, the annual permit fee is deleted text begin $1,000 deleted text end new text begin $1,500 new text end ;
and

(6) for gross sales of $500,001 deleted text begin and above deleted text end new text begin to $1,000,000 new text end , the annual permit fee is
deleted text begin $2,000 deleted text end new text begin $3,000; and
new text end

new text begin (7) for gross sales of $1,000,0001 and above, the annual permit fee is $4,500 new text end .

(d) The application for a seed permit covered by section 21.89, subdivision 2, clause
(3), must be accompanied by an application fee of deleted text begin $50 deleted text end new text begin $75 new text end . Initial labelers holding seed
fee permits covered under this paragraph need not apply for a new permit or pay the
application fee. Under this permit category, the fees for the following kinds of agricultural
seed sold either in bulk or containers are:

(1) oats, wheat, and barley, deleted text begin 6.3 deleted text end new text begin 9 new text end cents per hundredweight;

(2) rye, field beans, soybeans, buckwheat, and flax, deleted text begin 8.4 deleted text end new text begin 12 new text end cents per hundredweight;

(3) field corn, deleted text begin 29.4 deleted text end new text begin 17 new text end cents per deleted text begin hundredweight deleted text end new text begin 80,000 seed unit new text end ;

(4) forage, lawn and turf grasses, and legumes, deleted text begin 49 deleted text end new text begin 69 new text end cents per hundredweight;

(5) sunflower, deleted text begin $1.40 deleted text end new text begin $1.96 new text end per hundredweight;

(6) sugar beet, deleted text begin $3.29 deleted text end new text begin 12 cents new text end per deleted text begin hundredweight deleted text end new text begin 100,000 seed unit new text end ; deleted text begin and
deleted text end

new text begin (7) soybeans, 7.5 cents per 140,000 seed unit; and
new text end

deleted text begin (7) deleted text end new text begin (8) new text end for any agricultural seed not listed in clauses (1) to deleted text begin (6) deleted text end new text begin (7) new text end , the fee for the crop
most closely resembling it in normal planting rate applies.

(e) If, for reasons beyond the control and knowledge of the initial labeler, seed is
shipped into Minnesota by a person other than the initial labeler, the responsibility for the
seed fees are transferred to the shipper. An application for a transfer of this responsibility
must be made to the commissioner. Upon approval by the commissioner of the transfer,
the shipper is responsible for payment of the seed permit fees.

(f) Seed permit fees may be included in the cost of the seed either as a hidden cost or
as a line item cost on each invoice for seed sold. To identify the fee on an invoice, the
words "Minnesota seed permit fees" must be used.

(g) All seed fee permit holders must file semiannual reports with the commissioner,
even if no seed was sold during the reporting period. Each semiannual report must be
submitted within 30 days of the end of each reporting period. The reporting periods are
October 1 to March 31 and April 1 to September 30 of each year or July 1 to December
31 and January 1 to June 30 of each year. Permit holders may change their reporting
periods with the approval of the commissioner.

(h) The holder of a seed fee permit must pay fees on all seed for which the permit
holder is the initial labeler and which are covered by sections 21.80 to 21.92 and sold
during the reporting period.

(i) If a seed fee permit holder fails to submit a semiannual report and pay the seed
fee within 30 days after the end of each reporting period, the commissioner shall assess a
penalty of $100 or eight percent, calculated on an annual basis, of the fee due, whichever
is greater, but no more than $500 for each late semiannual report. A $15 penalty must be
charged when the semiannual report is late, even if no fee is due for the reporting period.
Seed fee permits may be revoked for failure to comply with the applicable provisions of
this paragraph or the Minnesota seed law.

Sec. 19.

Minnesota Statutes 2014, section 21.891, subdivision 5, is amended to read:

Subd. 5.

Brand name registration fee.

The fee is deleted text begin $25 deleted text end new text begin $50 new text end for each variety
registered for sale by brand name.

Sec. 20.

Minnesota Statutes 2014, section 34A.11, is amended to read:

34A.11 EMBARGO, SEIZURE, AND CONDEMNATION.

Subdivision 1.

Tag, notice, or withdrawal from distribution.

If the commissioner
finds probable cause to believe that any food, animal, or consumer commodity is being
distributed in violation of this chapter or rules under this chapter, or is adulterated or so
misbranded as to be dangerous or fraudulent, the commissioner shall affix to the food,
animal, new text begin equipment, facility, new text end or consumer commodity a tag, withdrawal from distribution
order, or other appropriate marking giving notice that the food, animal, new text begin equipment,
facility, new text end or consumer commodity is, or is suspected of being, adulterated, misbranded, or
distributed in violation of this chapter, and has been detained or embargoed, and warning
all persons not to remove or dispose of the food, animal, new text begin equipment, facility, new text end or consumer
commodity by sale or otherwise until permission for removal or disposal is given by the
commissioner or the court. It is unlawful for a person to remove or dispose of a detained or
embargoed food, animal, new text begin equipment, food stored in a facility, new text end or consumer commodity by
sale or otherwise without the commissioner's or a court's permission and each transaction
is a separate violation of this subdivision.

Subd. 2.

Seizure.

A carcass; part of a carcass; meat or meat food product of an
animal; or dead, dying, disabled, or diseased animal that is being transported in intrastate
commerce, or is held for sale in this state after transportation in intrastate commerce, may
be proceeded against, seized, and condemned if:

(1) it is or has been prepared, sold, transported, or otherwise distributed, offered, or
received for distribution in violation of this chapter;

(2) it is usable as human food and is adulterated or misbranded; or

(3) it is in any other way in violation of this chapter.

The commissioner may act against the article or animal at any time on a complaint
in the district court of the judicial district where the article or animal is found.

Subd. 3.

Action for condemnation.

If food deleted text begin or an deleted text end new text begin , new text end article new text begin , equipment, new text end or animal
detained or embargoed under subdivision 1 has been found by the commissioner to be
adulterated or misbranded or in violation of this chapter, the commissioner shall petition
the district court in the county in which the food new text begin , article, equipment, new text end or animal is detained
or embargoed for an order and decree for the condemnation of the food new text begin , article, equipment, new text end
or animal. The commissioner shall release the food new text begin , article, equipment, new text end or animal when
this chapter and rules adopted under this chapter have been complied with or the food new text begin ,
article, equipment, new text end or animal is found to be not adulterated or misbranded.

Subd. 4.

Remedies.

If the court finds that a detained or embargoed food new text begin , article,
equipment, new text end or animal is adulterated, misbranded, or in violation of this chapter or rules
adopted under this chapter, the following remedies are available:

(1) after entering a decree, the food new text begin , article, equipment, new text end or animal may be destroyed
at the expense of the claimant under the supervision of the commissioner, and all court
costs, fees, storage, and other proper expenses must be assessed against the claimant of the
food new text begin , article, equipment, new text end or animal or the claimant's agent; and

(2) if adulteration or misbranding can be corrected by proper labeling or processing of
the food deleted text begin or deleted text end new text begin , new text end animal, new text begin or repair of the equipment, new text end the court, after entry of the decree and after
costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that
the food or animal must be properly labeled or processed new text begin or equipment properly repaired new text end ,
has been executed, may by order direct that the food or animal be delivered to the claimant
for proper labeling or processing new text begin or repairing of equipment new text end under the supervision of the
commissioner. The expense of the supervision must be paid by the claimant. The food deleted text begin or deleted text end new text begin , new text end
animal new text begin , or equipment new text end must be returned to the claimant and the bond must be discharged on
the representation to the court by the commissioner that the food deleted text begin or deleted text end new text begin , new text end animal new text begin , or equipment new text end
is no longer in violation and that the expenses for the supervision have been paid.

Subd. 5.

Duties of commissioner.

If the commissioner finds in any room, building,
new text begin piece of equipment, new text end vehicle of transportation, or other structure any meat, seafood,
poultry, vegetable, fruit, or other perishable articles of food that are unsound, or contain
any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to
health or otherwise unsafe, the commissioner shall condemn or destroy the item or in any
other manner render the item as unsalable as human food, and no one has any cause of
action against the commissioner on account of the commissioner's action.

Subd. 6.

Emergency response.

If the governor declares an emergency order under
section 12.31 and if the commissioner finds or has probable cause to believe that livestock,
food, or a consumer commodity within a specific area is likely to be adulterated because
of the emergency or so misbranded as to be dangerous or fraudulent, or is in violation of
section 31.131, subdivision 1, the commissioner may embargo a geographic area that is
included in the declared emergency. The commissioner shall provide notice to the public
and to those with custody of the product in as thorough a manner as is practicable under
the emergency circumstances.

Sec. 21.

Minnesota Statutes 2014, section 232.22, subdivision 5, is amended to read:

Subd. 5.

Statement of grain in storage; reports.

(a) All public grain warehouse
operators must by February 15 of each year file with the commissioner on a form approved
by the commissioner a report showing the annual average liability of all grain outstanding
on grain warehouse receipts new text begin , open storage, and grain stored for feed processing new text end that
occurred during the preceding calendar year. This report shall be used for the purpose
of establishing the penal sum of the bond.

(b) Warehouse operators that are at a maximum bond and want to continue at
maximum bond do not need to file this report.

(c) It is a violation of this chapter for any public grain warehouse operator to fail to
file the report required in paragraph (a).

(d) Every public grain warehouse operator shall keep in a place of safety complete
and accurate records and accounts relating to any grain warehouse operated. The records
shall reflect each commodity received and shipped daily, the balance remaining in the
grain warehouse at the close of each business day, a listing of all unissued grain warehouse
receipts in the operator's possession, a record of all grain warehouse receipts issued which
remain outstanding and a record of all grain warehouse receipts which have been returned
for cancellation. Copies of grain warehouse receipts or other documents evidencing
ownership of grain by a depositor, or other liability of the grain warehouse operator, shall
be retained as long as the liability exists but must be kept for a minimum of three years.

(e) Every public grain warehouse operator must maintain in the grain warehouse
at all times grain of proper grade and sufficient quantity to meet delivery obligations on
all outstanding grain warehouse receipts.

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, sections 18C.235, subdivision 2; and 41A.12, subdivision
4, new text end new text begin are repealed.
new text end