SF 1612

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; providing for uniformity with 
  1.3             certain federal dairy regulations; amending Minnesota 
  1.4             Statutes 2000, sections 31.101, by adding a 
  1.5             subdivision; 32.21, subdivision 4; 32.394, subdivision 
  1.6             4; 32.415; 32.475, subdivision 2; and 32.70, 
  1.7             subdivisions 7 and 8; repealing Minnesota Statutes 
  1.8             2000, sections 32.471, subdivision 1; 32.474; 32.481, 
  1.9             subdivision 2; 32.529; 32.53; 32.531, subdivisions 1, 
  1.10            5, 6, and 7; 32.5311; 32.5312; 32.532; 32.533; 32.534; 
  1.11            and 32.55, subdivisions 15, 16, and 17. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2000, section 31.101, is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 12.  [DAIRY GRADE RULES; MANUFACTURING PLANT 
  1.16  STANDARDS.] Federal grading and inspection standards for 
  1.17  manufacturing dairy plants and products and amendments thereto 
  1.18  in effect on January 1, 2001, as provided by Code of Federal 
  1.19  Regulations, title 7, part 58, subparts B-W, are adopted as the 
  1.20  dairy grade rules and manufacturing plant standards in this 
  1.21  state. 
  1.22     Sec. 2.  Minnesota Statutes 2000, section 32.21, 
  1.23  subdivision 4, is amended to read: 
  1.24     Subd. 4.  [PENALTIES.] (a) A person, other than a milk 
  1.25  producer, who violates this section is guilty of a misdemeanor 
  1.26  or subject to a civil penalty up to $1,000. 
  1.27     (b) A milk producer may not change milk plants within 30 
  1.28  days, without permission of the commissioner, after receiving 
  2.1   notification from the commissioner under paragraph (c) or (d) 
  2.2   that the milk producer has violated this section. 
  2.3      (c) A milk producer who violates subdivision 3, clause (1), 
  2.4   (2), (3), (4), or (5), is subject to clauses (1) to (3) of this 
  2.5   paragraph. 
  2.6      (1) Upon notification of the first violation in a 12-month 
  2.7   period, the producer must meet with the dairy plant field 
  2.8   service representative to initiate corrective action within 30 
  2.9   days. 
  2.10     (2) Upon the second violation within a 12-month period, the 
  2.11  producer is subject to a civil penalty of $300.  The 
  2.12  commissioner shall notify the producer by certified mail stating 
  2.13  the penalty is payable in 30 days, the consequences of failure 
  2.14  to pay the penalty, and the consequences of future violations. 
  2.15     (3) Upon the third violation within a 12-month period, the 
  2.16  producer is subject to an additional civil penalty of $300 and 
  2.17  possible revocation of the producer's permit or certification.  
  2.18  The commissioner shall notify the producer by certified mail 
  2.19  that all civil penalties owed must be paid within 30 days and 
  2.20  that the commissioner is initiating administrative procedures to 
  2.21  revoke the producer's permit or certification to sell milk for 
  2.22  at least 30 days. 
  2.23     (d) The producer's shipment of milk must be immediately 
  2.24  suspended if the producer is identified as an individual source 
  2.25  of milk containing residues causing a bulk load of milk to test 
  2.26  positive in violation of subdivision 3, clause (6) or (7).  The 
  2.27  Grade A or manufacturing grade permit must be converted to 
  2.28  temporary status for not more than 30 days and shipment may 
  2.29  resume only after subsequent milk has been sampled by the 
  2.30  commissioner or the commissioner's agent and found to contain no 
  2.31  residues above established tolerances or safe levels. 
  2.32     The Grade A or manufacturing grade permit may be restored 
  2.33  if the producer completes the "Milk and Dairy Beef Residue 
  2.34  Prevention Protocol" with a licensed veterinarian, displays the 
  2.35  signed certificate in the milkhouse, and sends verification to 
  2.36  the commissioner within the 30-day temporary permit status 
  3.1   period.  If the producer does not comply within the temporary 
  3.2   permit status period, the Grade A or manufacturing grade permit 
  3.3   must be suspended.  A milk producer whose milk supply is in 
  3.4   violation of subdivision 3, clause (6) or (7), and has caused a 
  3.5   bulk load to test positive is subject to clauses (1) to (3) of 
  3.6   this paragraph.  
  3.7      (1) For the first violation in a 12-month period, the 
  3.8   penalty is the value of all milk on the contaminated load plus 
  3.9   any costs associated with the disposition of the contaminated 
  3.10  load.  Future pick-ups are prohibited until subsequent testing 
  3.11  reveals the milk is free of drug residue.  A farm inspection 
  3.12  must be completed by the plant representative and the producer 
  3.13  to determine the cause of the residue and actions required to 
  3.14  prevent future violations. 
  3.15     (2) For the second violation in a 12-month period, the 
  3.16  penalty is the value of all milk on the contaminated load plus 
  3.17  any costs associated with the disposition of the contaminated 
  3.18  load.  Future pick-ups are prohibited until subsequent testing 
  3.19  reveals the milk is free of drug residue.  A farm inspection 
  3.20  must be completed by the regulatory agency or its agent to 
  3.21  determine the cause of the residue and actions required to 
  3.22  prevent future violations. 
  3.23     (3) For the third violation in a 12-month period, the 
  3.24  penalty is the value of all milk on the contaminated load plus 
  3.25  any costs associated with the disposition of the contaminated 
  3.26  load.  Future pick-ups are prohibited until subsequent testing 
  3.27  reveals the milk is free of drug residue.  The commissioner or 
  3.28  the commissioner's agent shall also notify the producer by 
  3.29  certified mail that the commissioner is initiating 
  3.30  administrative procedures to revoke the producer's right to sell 
  3.31  milk for a minimum of 30 days.  
  3.32     (4) If a bulk load of milk tests negative for residues and 
  3.33  there is a positive producer sample on the load, no civil 
  3.34  penalties may be assessed to the producer.  The plant must 
  3.35  report the positive result within 24 hours and reject further 
  3.36  milk shipments from that producer until the producer's milk 
  4.1   tests negative.  A farm inspection must be completed by the 
  4.2   plant representative and the producer to determine the cause of 
  4.3   the residue and actions required to prevent future violations.  
  4.4   The department shall suspend the producer's permit and count the 
  4.5   violation on the producer's record.  The Grade A or 
  4.6   manufacturing grade permit must be converted to temporary status 
  4.7   for not more than 30 days during which time the producer must 
  4.8   review the "Milk and Dairy Beef Residue Prevention Protocol" 
  4.9   with a licensed veterinarian, display the signed certificate in 
  4.10  the milkhouse, and send verification to the commissioner.  If 
  4.11  these conditions are met, the Grade A or manufacturing grade 
  4.12  permit must be reinstated.  If the producer does not comply 
  4.13  within the temporary permit status period, the Grade A or 
  4.14  manufacturing grade permit must be suspended. 
  4.15     (e) A milk producer that has been certified as completing 
  4.16  the "Milk and Dairy Beef Residue Prevention Protocol" within 12 
  4.17  months of the first violation of subdivision 3, clause (7), need 
  4.18  only review the cause of the violation with a field service 
  4.19  representative within three days to maintain Grade A or 
  4.20  manufacturing grade permit and shipping status if all other 
  4.21  requirements of this section are met. 
  4.22     (f) Civil penalties collected under this section must be 
  4.23  deposited in the milk inspection services account established in 
  4.24  this chapter. 
  4.25     Sec. 3.  Minnesota Statutes 2000, section 32.394, 
  4.26  subdivision 4, is amended to read: 
  4.27     Subd. 4.  [RULES.] The commissioner shall by rule 
  4.28  promulgate identity, production and processing standards for 
  4.29  milk, milk products and goat milk which are intended to bear the 
  4.30  Grade A label. 
  4.31     In the exercise of the authority to establish requirements 
  4.32  for Grade A milk, milk products and goat milk, the commissioner 
  4.33  may adopt adopts definitions, standards of identity, and 
  4.34  requirements for production and processing contained in the 
  4.35  "1999 Grade A Pasteurized Milk Ordinance" and the "1995 Grade A 
  4.36  Condensed and Dry Milk Ordinance" of the United States 
  5.1   Department of Health and Human Services, in a manner provided 
  5.2   for and not in conflict with law. 
  5.3      Sec. 4.  Minnesota Statutes 2000, section 32.415, is 
  5.4   amended to read: 
  5.5      32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.] 
  5.6      (a) The commissioner may adopt rules to provide uniform 
  5.7   quality standards, and producers of milk used for manufacturing 
  5.8   purposes shall conform to the standards contained in Subparts B, 
  5.9   C, D, E, and F of the United States Department of Agriculture 
  5.10  Consumer and Marketing Service Recommended Requirements for Milk 
  5.11  for Manufacturing Purposes and its Production and Processing, 
  5.12  Vol. 37 Federal Register, No. 68, Part II, April 7, 1972, as 
  5.13  revised through March 1, 1997 November 12, 1996, except that the 
  5.14  commissioner shall develop methods by which producers can comply 
  5.15  with the standards without violation of religious beliefs.  
  5.16     (b) The commissioner shall perform or contract for the 
  5.17  performance of the inspections necessary to implement this 
  5.18  section or shall certify dairy industry personnel to perform the 
  5.19  inspections.  
  5.20     (c) The commissioner and other employees of the department 
  5.21  shall make every reasonable effort to assist producers in 
  5.22  achieving the milk quality standards at minimum cost and to use 
  5.23  the experience and expertise of the University of Minnesota and 
  5.24  the agricultural extension service to assist producers in 
  5.25  achieving the milk quality standards in the most cost-effective 
  5.26  manner.  
  5.27     (d) The commissioner shall consult with producers, 
  5.28  processors, and others involved in the dairy industry in order 
  5.29  to prepare for the implementation of this section including 
  5.30  development of informational and educational materials, 
  5.31  meetings, and other methods of informing producers about the 
  5.32  implementation of standards under this section. 
  5.33     Sec. 5.  Minnesota Statutes 2000, section 32.475, 
  5.34  subdivision 2, is amended to read: 
  5.35     Subd. 2.  [MINNESOTA GRADES.] It is unlawful to sell, offer 
  5.36  or expose for sale, or have in possession with intent to sell 
  6.1   any butter at retail unless it has been graded and labeled with 
  6.2   such grades as follows: 
  6.3      (a) Grade, Minnesota, AA -- 93 score U.S. Grade AA 
  6.4      (b) Grade, Minnesota, A -- 92 score U.S. Grade A 
  6.5      (c) Grade, Minnesota, B -- 90 score U.S. Grade B 
  6.6      (d) Grade, Minnesota, undergrade -- all butter below 
  6.7   Minnesota B.  
  6.8      For the purposes of this section "sale at retail" shall 
  6.9   include all sales to a restaurant or eating establishment that 
  6.10  serves butter to its patrons or that uses butter in the 
  6.11  preparation of any food which is served to its patrons.  
  6.12     Sec. 6.  Minnesota Statutes 2000, section 32.70, 
  6.13  subdivision 7, is amended to read: 
  6.14     Subd. 7.  [SELECTED CLASS I DAIRY PRODUCTS.] "Selected 
  6.15  class I dairy products" means milk for human consumption in 
  6.16  fluid form and all other class I dairy products as defined by 
  6.17  the Upper Midwest Milk Marketing Order, Code of Federal 
  6.18  Regulations, title 7, part 1068.40 1030.40, or successor orders. 
  6.19     Sec. 7.  Minnesota Statutes 2000, section 32.70, 
  6.20  subdivision 8, is amended to read: 
  6.21     Subd. 8.  [SELECTED CLASS II DAIRY PRODUCTS.] "Selected 
  6.22  class II dairy products" means milk for human consumption 
  6.23  processed into fluid cream, eggnog, yogurt, and all other class 
  6.24  II dairy products as defined by the Upper Midwest Milk Marketing 
  6.25  Order, Code of Federal Regulations, title 7, part 1068.40 
  6.26  1030.40, or successor orders. 
  6.27     Sec. 8.  [REPEALER.] 
  6.28     Minnesota Statutes 2000, sections 32.471, subdivision 1; 
  6.29  32.474; 32.481, subdivision 2; 32.529; 32.53; 32.531, 
  6.30  subdivisions 1, 5, 6, and 7; 32.5311; 32.5312; 32.532; 32.533; 
  6.31  32.534; and 32.55, subdivisions 15, 16, and 17, are repealed.