SF 1955

Conference Committee Report - 93rd Legislature (2023 - 2024) Posted on 05/10/2023 09:18pm

CONFERENCE COMMITTEE REPORT ON S.F. No. 1955

A bill for an act
relating to state government; establishing a budget for the Department of
Agriculture, the Board of Animal Health, the Agricultural Utilization Research
Institute, and the Office of Broadband Development; making policy and technical
changes to agriculture provisions; making policy and technical changes to
broadband provisions; providing civil penalties; appropriating money; requiring
reports; transferring money to the border-to-border broadband fund account;
creating the grain indemnity account; transferring money to the grain indemnity
account; amending Minnesota Statutes 2022, sections 17.1016, subdivision 2;
17.133, subdivision 2; 28A.152, subdivision 2; 41A.14, subdivision 2; 41A.19;
116J.395, subdivision 7; 116J.396, subdivision 2; 223.16, by adding a subdivision;
223.17, subdivisions 6, 7, 7a; 223.175; 223.19; 232.22, subdivision 5; Laws 2021,
First Special Session chapter 3, article 1, section 2, subdivision 5, as amended;
Laws 2022, chapter 95, article 2, section 29, subdivision 6; proposing coding for
new law in Minnesota Statutes, chapters 17; 116J; 223; repealing Minnesota
Statutes 2022, sections 17.055, subdivision 2; 41A.12, subdivision 4; 41A.21;
223.17, subdivisions 4, 8; 232.22, subdivisions 4, 6, 6a, 7.

May 10, 2023
The Honorable Bobby Joe Champion
President of the Senate

The Honorable Melissa Hortman
Speaker of the House of Representatives

We, the undersigned conferees for S.F. No. 1955 report that we have agreed upon the
items in dispute and recommend as follows:

That the House recede from its amendments and that S.F. No. 1955 be further amended
as follows:

Delete everything after the enacting clause and insert:

"ARTICLE 1

APPROPRIATIONS

Section 1. new text begin AGRICULTURE APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2024 new text end		new text begin 2025 new text end

Sec. 2. new text begin DEPARTMENT OF AGRICULTURE new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 92,025,000 new text end

new text begin $ new text end

new text begin 72,223,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 91,626,000 new text end	new text begin 71,824,000 new text end
new text begin Remediation new text end	new text begin 399,000 new text end	new text begin 399,000 new text end

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

new text begin Subd. 2. new text end new text begin Protection Services new text end

new text begin Appropriations by Fund new text end
	new text begin 2024 new text end	new text begin 2025 new text end
new text begin General new text end	new text begin 32,034,000 new text end	new text begin 18,743,000 new text end
new text begin Remediation new text end	new text begin 399,000 new text end	new text begin 399,000 new text end

new text begin (a) $399,000 the first year and $399,000 the
second year are from the remediation fund for
administrative funding for the voluntary
cleanup program.
new text end

new text begin (b) $625,000 the first year and $625,000 the
second year are for the soil health financial
assistance program under Minnesota Statutes,
section 17.134. The commissioner may award
no more than $50,000 of the appropriation
each year to a single recipient. The
commissioner may use up to 6.5 percent of
this appropriation for costs incurred to
administer the program. Any unencumbered
balance does not cancel at the end of the first
year and is available in the second year.
Appropriations encumbered under contract on
or before June 30, 2025, for soil health
financial assistance grants are available until
June 30, 2027. The base for this appropriation
is $639,000 in fiscal year 2026 and each year
thereafter.
new text end

new text begin (c) $800,000 the first year is for transfer to the
pollinator research account established under
Minnesota Statutes, section 18B.051. The base
for this transfer is $100,000 in fiscal year 2026
and each year thereafter.
new text end

new text begin (d) $150,000 the first year and $150,000 the
second year are for transfer to the noxious
weed and invasive plant species assistance
account established under Minnesota Statutes,
section 18.89, to award grants under
Minnesota Statutes, section 18.90, to counties,
municipalities, and other weed management
entities, including Minnesota Tribal
governments as defined in Minnesota Statutes,
section 10.65. This is a onetime appropriation.
new text end

new text begin (e) $175,000 the first year and $175,000 the
second year are for compensation for
destroyed or crippled livestock under
Minnesota Statutes, section 3.737. The first
year appropriation may be spent to compensate
for livestock that were destroyed or crippled
during fiscal year 2023. If the amount in the
first year is insufficient, the amount in the
second year is available in the first year. The
commissioner may use up to $5,000 each year
to reimburse expenses incurred by university
extension educators to provide fair market
values of destroyed or crippled livestock. If
the commissioner receives federal dollars to
pay claims for destroyed or crippled livestock,
an equivalent amount of this appropriation
may be used to reimburse nonlethal prevention
methods performed by federal wildlife services
staff.
new text end

new text begin (f) $155,000 the first year and $155,000 the
second year are for compensation for crop
damage under Minnesota Statutes, section
3.7371. If the amount in the first year is
insufficient, the amount in the second year is
available in the first year. The commissioner
may use up to $10,000 of the appropriation
each year to reimburse expenses incurred by
the commissioner or the commissioner's
approved agent to investigate and resolve
claims, as well as for costs associated with
training for approved agents. The
commissioner may use up to $40,000 of the
appropriation each year to make grants to
producers for measures to protect stored crops
from elk damage. If the commissioner
determines that claims made under Minnesota
Statutes, section 3.737 or 3.7371, are
unusually high, amounts appropriated for
either program may be transferred to the
appropriation for the other program.
new text end

new text begin (g) $825,000 the first year and $825,000 the
second year are to replace capital equipment
in the Department of Agriculture's analytical
laboratory.
new text end

new text begin (h) $75,000 the first year and $75,000 the
second year are to support a meat processing
liaison position to assist new or existing meat
and poultry processing operations in getting
started, expanding, growing, or transitioning
into new business models.
new text end

new text begin (i) $2,200,000 the first year and $1,650,000
the second year are additional funding to
maintain the current level of service delivery
for programs under this subdivision. The base
for this appropriation is $1,925,000 for fiscal
year 2026 and each year thereafter.
new text end

new text begin (j) $250,000 the first year and $250,000 the
second year are for grants to organizations in
Minnesota to develop enterprises, supply
chains, and markets for continuous-living
cover crops and cropping systems in the early
stages of commercial development. For the
purposes of this paragraph, "continuous-living
cover crops and cropping systems" refers to
agroforestry, perennial biomass, perennial
forage, perennial grains, and winter-annual
cereal grains and oilseeds that have market
value as harvested or grazed commodities. By
February 1 each year, the commissioner must
submit a report to the chairs and ranking
minority members of the legislative
committees with jurisdiction over agriculture
finance and policy detailing uses of the funds
in this paragraph, including administrative
costs, and the achievements these funds
contributed to. The commissioner may use up
to 6.5 percent of this appropriation for
administrative costs. This is a onetime
appropriation.
new text end

new text begin (k) $45,000 the first year and $45,000 the
second year are appropriated for
wolf-livestock conflict-prevention grants. The
commissioner may use some of this
appropriation to support nonlethal prevention
work performed by federal wildlife services.
This is a onetime appropriation.
new text end

new text begin (l) $10,000,000 the first year is for transfer to
the grain indemnity account established in
Minnesota Statutes, section 223.24. This is a
onetime transfer.
new text end

new text begin (m) $125,000 the first year and $125,000 the
second year are for the PFAS in pesticides
review. This is a onetime appropriation.
new text end

new text begin (n) $1,941,000 the first year is for transfer to
the food handler license account. This is a
onetime transfer.
new text end

new text begin Subd. 3. new text end new text begin Agricultural Marketing and Development new text end

new text begin 5,165,000 new text end

new text begin 4,985,000 new text end

new text begin (a) $150,000 the first year and $150,000 the
second year are to expand international trade
opportunities and markets for Minnesota
agricultural products.
new text end

new text begin (b) $186,000 the first year and $186,000 the
second year are for transfer to the Minnesota
grown account and may be used as grants for
Minnesota grown promotion under Minnesota
Statutes, section 17.102. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under contract on
or before June 30, 2025, for Minnesota grown
grants in this paragraph are available until June
30, 2027.
new text end

new text begin (c) $634,000 the first year and $634,000 the
second year are for the continuation of the
dairy development and profitability
enhancement programs, including dairy
profitability teams and dairy business planning
grants under Minnesota Statutes, section
32D.30.
new text end

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

new text begin (e) $600,000 the first year and $420,000 the
second year are to maintain the current level
of service delivery. The base for this
appropriation is $490,000 for fiscal year 2026
and each year thereafter.
new text end

new text begin (f) $100,000 the first year and $100,000 the
second year are for mental health outreach and
support to farmers, ranchers, and others in the
agricultural community and for farm safety
grant and outreach programs under Minnesota
Statutes, section 17.1195. Mental health
outreach and support may include a 24-hour
hotline, stigma reduction, and education.
Notwithstanding Minnesota Statutes, section
16A.28, any unencumbered balance does not
cancel at the end of the first year and is
available in the second year. This is a onetime
appropriation.
new text end

new text begin (g) $100,000 the first year and $100,000 the
second year are to award and administer grants
for infrastructure to support EBT, SNAP,
SFMNP, and related programs at farmers
markets. Notwithstanding Minnesota Statutes,
section 16A.28, any unencumbered balance
does not cancel at the end of the first year and
is available in the second year. This is a
onetime appropriation.
new text end

new text begin (h) $200,000 the first year and $200,000 the
second year are to award cooperative grants
under Minnesota Statutes, section 17.1016.
The commissioner may use up to 6.5 percent
of the appropriation each year to administer
the grant program. Notwithstanding Minnesota
Statutes, section 16A.28, any unencumbered
balance does not cancel at the end of the first
year and is available in the second year. This
is a onetime appropriation.
new text end

new text begin Subd. 4. new text end new text begin Agriculture, Bioenergy, and Bioproduct Advancement new text end

new text begin 37,809,000 new text end

new text begin 33,809,000 new text end

new text begin (a) $10,702,000 the first year and $10,702,000
the second year are for the agriculture
research, education, extension, and technology
transfer program under Minnesota Statutes,
section 41A.14. Except as provided below,
the appropriation each year is for transfer to
the agriculture research, education, extension,
and technology transfer account under
Minnesota Statutes, section 41A.14,
subdivision 3, and the commissioner shall
transfer funds each year to the Board of
Regents of the University of Minnesota for
purposes of Minnesota Statutes, section
41A.14. To the extent practicable, money
expended under Minnesota Statutes, section
41A.14, subdivision 1, clauses (1) and (2),
must supplement and not supplant existing
sources and levels of funding. The
commissioner may use up to one percent of
this appropriation for costs incurred to
administer the program.
new text end

new text begin Of the amount appropriated for the agriculture
research, education, extension, and technology
transfer grant program under Minnesota
Statutes, section 41A.14:
new text end

new text begin (1) $600,000 the first year and $600,000 the
second year are for the Minnesota Agricultural
Experiment Station's agriculture rapid
response fund under Minnesota Statutes,
section 41A.14, subdivision 1, clause (2);
new text end

new text begin (2) up to $1,000,000 the first year and up to
$1,000,000 the second year are for research
on avian influenza, salmonella, and other
turkey-related diseases and disease prevention
measures;
new text end

new text begin (3) $2,250,000 the first year and $2,250,000
the second year are for grants to the Minnesota
Agricultural Education Leadership Council to
enhance agricultural education with priority
given to Farm Business Management
challenge grants;
new text end

new text begin (4) $450,000 the first year is for the cultivated
wild rice breeding project at the North Central
Research and Outreach Center to include a
tenure track/research associate plant breeder;
new text end

new text begin (5) $350,000 the first year and $350,000 the
second year are for potato breeding;
new text end

new text begin (6) $802,000 the first year and $802,000 the
second year are to fund the Forever Green
Initiative and protect the state's natural
resources while increasing the efficiency,
profitability, and productivity of Minnesota
farmers by incorporating perennial and
winter-annual crops into existing agricultural
practices. The base for the allocation under
this clause is $802,000 in fiscal year 2026 and
each year thereafter. By February 1 each year,
the dean of the College of Food, Agricultural
and Natural Resource Sciences must submit
a report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over agriculture finance and policy
and higher education detailing uses of the
funds in this paragraph, including
administrative costs, and the achievements
these funds contributed to; and
new text end

new text begin (7) $350,000 each year is for farm-scale winter
greenhouse research and development
coordinated by University of Minnesota
Extension Regional Sustainable Development
Partnerships. The allocation in this clause is
onetime.
new text end

new text begin (b) The base for the agriculture research,
education, extension, and technology transfer
program is $10,352,000 in fiscal year 2026
and $10,352,000 in fiscal year 2027.
new text end

new text begin (c) $27,107,000 the first year and $23,107,000
the second year are for the agricultural growth,
research, and innovation program under
Minnesota Statutes, section 41A.12. Except
as provided below, the commissioner may
allocate this appropriation each year among
the following areas: facilitating the start-up,
modernization, improvement, or expansion of
livestock operations, including beginning and
transitioning livestock operations with
preference given to robotic dairy-milking
equipment; assisting value-added agricultural
businesses to begin or expand, to access new
markets, or to diversify, including aquaponics
systems, with preference given to hemp fiber
processing equipment; facilitating the start-up,
modernization, or expansion of other
beginning and transitioning farms, including
by providing loans under Minnesota Statutes,
section 41B.056; sustainable agriculture
on-farm research and demonstration; the
development or expansion of food hubs and
other alternative community-based food
distribution systems; enhancing renewable
energy infrastructure and use; crop research,
including basic and applied turf seed research;
Farm Business Management tuition assistance;
and good agricultural practices and good
handling practices certification assistance. The
commissioner may use up to 6.5 percent of
this appropriation for costs incurred to
administer the program.
new text end

new text begin Of the amount appropriated for the agricultural
growth, research, and innovation program
under Minnesota Statutes, section 41A.12:
new text end

new text begin (1) $1,000,000 the first year and $1,000,000
the second year are for distribution in equal
amounts to each of the state's county fairs to
preserve and promote Minnesota agriculture;
new text end

new text begin (2) $5,750,000 the first year and $5,750,000
the second year are for incentive payments
under Minnesota Statutes, sections 41A.16,
41A.17, 41A.18, and 41A.20. Notwithstanding
Minnesota Statutes, section 16A.28, the first
year appropriation is available until June 30,
2025, and the second year appropriation is
available until June 30, 2026. If this
appropriation exceeds the total amount for
which all producers are eligible in a fiscal
year, the balance of the appropriation is
available for other purposes under this
paragraph. The base under this clause is
$3,000,000 in fiscal year 2026 and each year
thereafter;
new text end

new text begin (3) $3,375,000 the first year and $3,375,000
the second year are for grants that enable retail
petroleum dispensers, fuel storage tanks, and
other equipment to dispense biofuels to the
public in accordance with the biofuel
replacement goals established under
Minnesota Statutes, section 239.7911. A retail
petroleum dispenser selling petroleum for use
in spark ignition engines for vehicle model
years after 2000 is eligible for grant money
under this clause if the retail petroleum
dispenser has no more than 10 retail petroleum
dispensing sites and each site is located in
Minnesota. The grant money must be used to
replace or upgrade equipment that does not
have the ability to be certified for E25. A grant
award must not exceed 65 percent of the cost
of the appropriate technology. A grant award
must not exceed $200,000 per station. The
commissioner must cooperate with biofuel
stakeholders in the implementation of the grant
program. The commissioner, in cooperation
with any economic or community development
financial institution and any other entity with
which the commissioner contracts, must
submit a report on the biofuels infrastructure
financial assistance program by January 15 of
each year to the chairs and ranking minority
members of the legislative committees and
divisions with jurisdiction over agriculture
policy and finance. The annual report must
include but not be limited to a summary of the
following metrics: (i) the number and types
of projects financed; (ii) the amount of dollars
leveraged or matched per project; (iii) the
geographic distribution of financed projects;
(iv) any market expansion associated with
upgraded infrastructure; (v) the demographics
of the areas served; (vi) the costs of the
program; and (vii) the number of grants to
minority-owned or female-owned businesses.
The base under this clause is $3,000,000 for
fiscal year 2026 and each year thereafter;
new text end

new text begin (4) $1,250,000 the first year and $1,250,000
the second year are for grants to facilitate the
start-up, modernization, or expansion of meat,
poultry, egg, and milk processing facilities. A
grant award under this clause must not exceed
$200,000. Any unencumbered balance at the
end of the second year does not cancel until
June 30, 2026, and may be used for other
purposes under this paragraph. The base under
this clause is $250,000 in fiscal year 2026 and
each year thereafter;
new text end

new text begin (5) $1,150,000 the first year and $1,150,000
the second year are for providing more fruits,
vegetables, meat, poultry, grain, and dairy for
children in school and early childhood
education centers, including, at the
commissioner's discretion, providing grants
to reimburse schools and early childhood
education centers for purchasing equipment
and agricultural products. Of the amount
appropriated, $150,000 each year is for a
statewide coordinator of farm-to-institution
strategy and programming. The coordinator
must consult with relevant stakeholders and
provide technical assistance and training for
participating farmers and eligible grant
recipients. The base under this clause is
$1,294,000 in fiscal year 2026 and each year
thereafter;
new text end

new text begin (6) $4,000,000 the first year is for Dairy
Assistance, Investment, Relief Initiative
(DAIRI) grants and other forms of financial
assistance to Minnesota dairy farms that enroll
in coverage under a federal dairy risk
protection program and produced no more
than 16,000,000 pounds of milk in 2022. The
commissioner must make DAIRI payments
based on the amount of milk produced in
2022, up to 5,000,000 pounds per participating
farm, at a rate determined by the commissioner
within the limits of available funding. Any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year. Any unencumbered balance at
the end of the second year does not cancel
until June 30, 2026, and may be used for other
purposes under this paragraph. The allocation
in this clause is onetime;
new text end

new text begin (7) $2,000,000 the first year and $2,000,000
the second year are for urban youth
agricultural education or urban agriculture
community development; and
new text end

new text begin (8) $1,000,000 the first year and $1,000,000
the second year are for the good food access
program under Minnesota Statutes, section
17.1017.
new text end

new text begin Notwithstanding Minnesota Statutes, section
16A.28, any unencumbered balance does not
cancel at the end of the first year and is
available for the second year, and
appropriations encumbered under contract on
or before June 30, 2025, for agricultural
growth, research, and innovation grants are
available until June 30, 2028.
new text end

new text begin (d) The base for the agricultural growth,
research, and innovation program is
$16,294,000 in fiscal year 2026 and each year
thereafter and includes $200,000 each year for
cooperative development grants.
new text end

new text begin Subd. 5. new text end new text begin Administration and Financial Assistance new text end

new text begin 16,618,000 new text end

new text begin 14,287,000 new text end

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

new text begin (b) $350,000 the first year and $350,000 the
second year are for grants to the Minnesota
Agricultural Education and Leadership
Council for programs of the council under
Minnesota Statutes, chapter 41D. The base for
this appropriation is $250,000 in fiscal year
2026 and each year thereafter.
new text end

new text begin (c) $2,000 the first year is for a grant to the
Minnesota State Poultry Association. This is
a onetime appropriation. Notwithstanding
Minnesota Statutes, section 16A.28, any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
new text end

new text begin (d) $18,000 the first year and $18,000 the
second year are for grants to the Minnesota
Livestock Breeders Association. This is a
onetime appropriation.
new text end

new text begin (e) $60,000 the first year and $60,000 the
second year are for grants to the Northern
Crops Institute that may be used to purchase
equipment. This is a onetime appropriation.
new text end

new text begin (f) $34,000 the first year and $34,000 the
second year are for grants to the Minnesota
State Horticultural Society. This is a onetime
appropriation.
new text end

new text begin (g) $25,000 the first year and $25,000 the
second year are for grants to the Center for
Rural Policy and Development. This is a
onetime appropriation.
new text end

new text begin (h) $75,000 the first year and $75,000 the
second year are appropriated from the general
fund to the commissioner of agriculture for
grants to the Minnesota Turf Seed Council for
basic and applied research on: (1) the
improved production of forage and turf seed
related to new and improved varieties; and (2)
native plants, including plant breeding,
nutrient management, pest management,
disease management, yield, and viability. The
Minnesota Turf Seed Council may subcontract
with a qualified third party for some or all of
the basic or applied research. Any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year. The Minnesota Turf Seed Council
must prepare a report outlining the use of the
grant money and related accomplishments. No
later than January 15, 2025, the council must
submit the report to the chairs and ranking
minority members of the legislative
committees and divisions with jurisdiction
over agriculture finance and policy. This is a
onetime appropriation.
new text end

new text begin (i) $100,000 the first year and $100,000 the
second year are for grants to GreenSeam for
assistance to agriculture-related businesses to
support business retention and development,
business attraction and creation, talent
development and attraction, and regional
branding and promotion. These are onetime
appropriations. No later than December 1,
2024, and December 1, 2025, GreenSeam
must report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over agriculture and rural
development with information on new and
existing businesses supported, number of new
jobs created in the region, new educational
partnerships and programs supported, and
regional branding and promotional efforts.
new text end

new text begin (j) $1,950,000 the first year and $1,950,000
the second year are for grants to Second
Harvest Heartland on behalf of Minnesota's
six Feeding America food banks for the
following purposes:
new text end

new text begin (1) at least $850,000 each year must be
allocated to purchase milk for distribution to
Minnesota's food shelves and other charitable
organizations that are eligible to receive food
from the food banks. Milk purchased under
the grants must be acquired from Minnesota
milk processors and based on low-cost bids.
The milk must be allocated to each Feeding
America food bank serving Minnesota
according to the formula used in the
distribution of United States Department of
Agriculture commodities under The
Emergency Food Assistance Program. Second
Harvest Heartland may enter into contracts or
agreements with food banks for shared funding
or reimbursement of the direct purchase of
milk. Each food bank that receives funding
under this clause may use up to two percent
for administrative expenses. Notwithstanding
Minnesota Statutes, section 16A.28, any
unencumbered balance the first year does not
cancel and is available the second year;
new text end

new text begin (2) to compensate agricultural producers and
processors for costs incurred to harvest and
package for transfer surplus fruits, vegetables,
and other agricultural commodities that would
otherwise go unharvested, be discarded, or be
sold in a secondary market. Surplus
commodities must be distributed statewide to
food shelves and other charitable organizations
that are eligible to receive food from the food
banks. Surplus food acquired under this clause
must be from Minnesota producers and
processors. Second Harvest Heartland may
use up to 15 percent of each grant awarded
under this clause for administrative and
transportation expenses; and
new text end

new text begin (3) to purchase and distribute protein products,
including but not limited to pork, poultry, beef,
dry legumes, cheese, and eggs to Minnesota's
food shelves and other charitable organizations
that are eligible to receive food from the food
banks. Second Harvest Heartland may use up
to two percent of each grant awarded under
this clause for administrative expenses. Protein
products purchased under the grants must be
acquired from Minnesota processors and
producers.
new text end

new text begin Second Harvest Heartland must submit
quarterly reports to the commissioner and the
chairs and ranking minority members of the
legislative committees with jurisdiction over
agriculture finance in the form prescribed by
the commissioner. The reports must include
but are not limited to information on the
expenditure of funds, the amount of milk or
other commodities purchased, and the
organizations to which this food was
distributed. The base for this appropriation is
$1,700,000 for fiscal year 2026 and each year
thereafter.
new text end

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

new text begin (l) $300,000 the first year and $300,000 the
second year are for grants to The Good Acre
for the Local Emergency Assistance Farmer
Fund (LEAFF) program to compensate
emerging farmers for crops donated to hunger
relief organizations in Minnesota. This is a
onetime appropriation.
new text end

new text begin (m) $750,000 the first year and $750,000 the
second year are to expand the Emerging
Farmers Office and provide services to
beginning and emerging farmers to increase
connections between farmers and market
opportunities throughout the state. This
appropriation may be used for grants,
translation services, training programs, or
other purposes in line with the
recommendations of the Emerging Farmer
Working Group established under Minnesota
Statutes, section 17.055, subdivision 1. The
base for this appropriation is $1,000,000 in
fiscal year 2026 and each year thereafter.
new text end

new text begin (n) $50,000 the first year is to provide
technical assistance and leadership in the
development of a comprehensive and
well-documented state aquaculture plan. The
commissioner must provide the state
aquaculture plan to the legislative committees
with jurisdiction over agriculture finance and
policy by February 15, 2025.
new text end

new text begin (o) $337,000 the first year and $337,000 the
second year are for farm advocate services.
Of these amounts, $50,000 the first year and
$50,000 the second year are for the
continuation of the farmland transition
programs and may be used for grants to
farmland access teams to provide technical
assistance to potential beginning farmers.
Farmland access teams must assist existing
farmers and beginning farmers with
transitioning farm ownership and farm
operation. Services provided by teams may
include but are not limited to mediation
assistance, designing contracts, financial
planning, tax preparation, estate planning, and
housing assistance.
new text end

new text begin (p) $260,000 the first year and $260,000 the
second year are for a pass-through grant to
Region Five Development Commission to
provide, in collaboration with Farm Business
Management, statewide mental health
counseling support to Minnesota farm
operators, families, and employees, and
individuals who work with Minnesota farmers
in a professional capacity. Region Five
Development Commission may use up to 6.5
percent of the grant awarded under this
paragraph for administration.
new text end

new text begin (q) $1,000,000 the first year is for transfer to
the agricultural emergency account established
under Minnesota Statutes, section 17.041.
new text end

new text begin (r) $1,084,000 the first year and $500,000 the
second year are to support IT modernization
efforts, including laying the technology
foundations needed for improving customer
interactions with the department for licensing
and payments. This is a onetime appropriation.
new text end

new text begin (s) $275,000 the first year is for technical
assistance grants to certified community
development financial institutions that
participate in United States Department of
Agriculture loan or grant programs for small
or emerging farmers, including but not limited
to the Increasing Land, Capital, and Market
Access Program. For purposes of this
paragraph, "emerging farmer" has the meaning
given in Minnesota Statutes, section 17.055,
subdivision 1. The commissioner may use up
to 6.5 percent of this appropriation for costs
incurred to administer the program.
Notwithstanding Minnesota Statutes, section
16A.28, any unencumbered balance does not
cancel at the end of the first year and is
available in the second year. This is a onetime
appropriation.
new text end

new text begin (t) $1,425,000 the first year and $1,425,000
the second year are for transfer to the
agricultural and environmental revolving loan
account established under Minnesota Statutes,
section 17.117, subdivision 5a, for low-interest
loans under Minnesota Statutes, section
17.117.
new text end

new text begin (u) $150,000 the first year and $150,000 the
second year are for administrative support for
the Rural Finance Authority.
new text end

new text begin (v) The base in fiscal years 2026 and 2027 is
$150,000 each year to coordinate
climate-related activities and services within
the Department of Agriculture and
counterparts in local, state, and federal
agencies and to hire a full-time climate
implementation coordinator. The climate
implementation coordinator must coordinate
efforts seeking federal funding for Minnesota's
agricultural climate adaptation and mitigation
efforts and develop strategic partnerships with
the private sector and nongovernment
organizations.
new text end

new text begin (w) $1,200,000 the first year and $930,000 the
second year are to maintain the current level
of service delivery. The base for this
appropriation is $1,085,000 in fiscal year 2026
and $1,085,000 in fiscal year 2027.
new text end

new text begin (x) $250,000 the first year is for a grant to the
Board of Regents of the University of
Minnesota to purchase equipment for the
Veterinary Diagnostic Laboratory to test for
chronic wasting disease, African swine fever,
avian influenza, and other animal diseases.
The Veterinary Diagnostic Laboratory must
report expenditures under this paragraph to
the legislative committees with jurisdiction
over agriculture finance and higher education
with a report submitted by January 3, 2024,
and a final report submitted by December 31,
2024. The reports must include a list of
equipment purchased, including the cost of
each item.
new text end

new text begin (y) $1,000,000 the first year and $1,000,000
the second year are to award and administer
down payment assistance grants under
Minnesota Statutes, section 17.133, with
priority given to emerging farmers as defined
in Minnesota Statutes, section 17.055,
subdivision 1. Notwithstanding Minnesota
Statutes, section 16A.28, any unencumbered
balance at the end of the first year does not
cancel and is available in the second year and
appropriations encumbered under contract by
June 30, 2025, are available until June 30,
2027.
new text end

new text begin (z) $222,000 the first year and $322,000 the
second year are for meat processing training
and retention incentive grants under section
5. The commissioner may use up to 6.5
percent of this appropriation for costs incurred
to administer the program. Notwithstanding
Minnesota Statutes, section 16A.28, any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year. This is a onetime appropriation.
new text end

new text begin (aa) $300,000 the first year and $300,000 the
second year are for transfer to the Board of
Regents of the University of Minnesota to
evaluate, propagate, and maintain the genetic
diversity of oilseeds, grains, grasses, legumes,
and other plants including flax, timothy,
barley, rye, triticale, alfalfa, orchard grass,
clover, and other species and varieties that
were in commercial distribution and use in
Minnesota before 1970, excluding wild rice.
This effort must also protect traditional seeds
brought to Minnesota by immigrant
communities. This appropriation includes
funding for associated extension and outreach
to small and Black, Indigenous, and People of
Color (BIPOC) farmers. This is a onetime
appropriation.
new text end

new text begin (bb) The commissioner shall continue to
increase connections with ethnic minority and
immigrant farmers to farming opportunities
and farming programs throughout the state.
new text end

Sec. 3. new text begin BOARD OF ANIMAL HEALTH new text end

new text begin $ new text end

new text begin 6,241,000 new text end

new text begin $ new text end

new text begin 6,401,000 new text end

new text begin (a) $200,000 the first year and $200,000 the
second year are for agricultural emergency
preparedness and response.
new text end

new text begin (b) $160,000 the first year and $320,000 the
second year are to maintain the current level
of service delivery.
new text end

Sec. 4. new text begin AGRICULTURAL UTILIZATION RESEARCH INSTITUTE new text end

new text begin $ new text end

new text begin 6,143,000 new text end

new text begin $ new text end

new text begin 4,343,000 new text end

new text begin (a) $300,000 the first year is for equipment
upgrades, equipment replacement, installation
expenses, and laboratory infrastructure at the
Agricultural Utilization Research Institute's
laboratories in the cities of Crookston,
Marshall, and Waseca.
new text end

new text begin (b) $1,500,000 the first year is to replace
analytical and processing equipment and make
corresponding facility upgrades at Agricultural
Utilization Research Institute facilities in the
cities of Marshall, Crookston, and Waseca. Of
this amount, up to $500,000 may be used for
renewable natural gas and anaerobic digestion
projects. This is a onetime appropriation and
is available until June 30, 2026.
new text end

new text begin (c) $300,000 the first year and $300,000 the
second year are to maintain the current level
of service delivery.
new text end

Sec. 5. new text begin GRANTS FOR MEAT PROCESSING TRAINING AND RETENTION
INCENTIVES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Partner organizations" include:
new text end

new text begin (1) foundations engaged in economic development;
new text end

new text begin (2) community development financial institutions;
new text end

new text begin (3) federally recognized economic development districts; and
new text end

new text begin (4) community development corporations.
new text end

new text begin (c) "Small- to medium-sized meat and poultry processor" means a meat and poultry
processor licensed by the state of Minnesota or the federal government that has fewer than
150 employees.
new text end

new text begin Subd. 2. new text end

new text begin Grants. new text end

new text begin (a) The commissioner of agriculture must provide grants to partner
organizations to assist small- to medium-sized meat and poultry processors with hiring and
training new employees. New employees at eligible meat and poultry processing plants may
receive up to $10,000 in the form of tuition reimbursement for programs at Minnesota State
Colleges and Universities, sign-on bonuses, relocation assistance, retention incentives, child
care stipends, and other related expenses. Employees at any one meat or poultry processor
may not receive more than $50,000 under this paragraph.
new text end

new text begin (b) Up to 20 percent of a grant to a partner organization may be used for direct services
to employees, including but not limited to translation services.
new text end

new text begin (c) Priority must be given to applications from partner organizations working in
partnership with Minnesota State Colleges and Universities.
new text end

ARTICLE 2

AGRICULTURE STATUTORY CHANGES

Section 1.

new text begin [17.033] LICENSE AND PERMIT SURCHARGES.
new text end

new text begin The commissioner may collect license and permit surcharges on all licensing and
permitting transactions conducted by the Department of Agriculture for which a fee is
charged. The surcharge applies to all initial and renewal license and permit applications
and is calculated based on the license or permit base fee. Late penalties or other assessments
are not included in the calculation of the surcharge. The fee is set at five percent beginning
August 1, 2023, with a minimum fee of $5 for each transaction. The surcharge rate must
be reviewed and set annually by the commissioner and may be assessed at a rate of between
three and eight percent of the licensing or permitting fee, with a minimum fee of $5 for each
transaction. The fees collected for this surcharge must be deposited in a dedicated account
in the agricultural fund. Money in the account, including interest, is appropriated to the
commissioner for the information technology improvement activities needed to create
electronic systems for conducting licensing and permitting transactions and to modernize
the department's inspection and customer management systems.
new text end

Sec. 2.

Minnesota Statutes 2022, section 17.055, subdivision 1, is amended to read:

Subdivision 1.

Emerging farmer working group.

To advise the commissioner and
legislature regarding the development and implementation of programs and initiatives that
support emerging farmers in this state, the commissioner must periodically convene a
working group consisting, to the extent possible, of persons who are, and organizations that
represent, farmers or aspiring farmers who are women, veterans, persons with disabilities,
American Indian or Alaskan Natives, members of a community of color, young, deleted text begin and deleted text end new text begin lesbian,
gay, bisexual, transgender, queer, intersex, or asexual (LGBTQIA+), or new text end urban, and any
other emerging farmers as determined by the commissioner. deleted text begin No later than January 15 each
year, the commissioner must update the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over agriculture regarding the working
group's activities and recommendations.
deleted text end

Sec. 3.

Minnesota Statutes 2022, section 17.055, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Emerging Farmers Office. new text end

new text begin The Emerging Farmers Office exists to support
emerging farmers. For purposes of this subdivision, "emerging farmer" has the meaning
given in subdivision 1. At a minimum, the office must coordinate the emerging farmer
working group under subdivision 1 and the beginning farmer equipment and infrastructure
grant program under subdivision 3.
new text end

Sec. 4.

Minnesota Statutes 2022, section 17.055, is amended by adding a subdivision to
read:

new text begin Subd. 3. new text end

new text begin Beginning farmer equipment and infrastructure grants. new text end

new text begin (a) The commissioner
may award and administer equipment and infrastructure grants to beginning farmers. The
commissioner shall give preference to applicants who are emerging farmers as defined in
subdivision 1. Grant money may be used for equipment and infrastructure development.
new text end

new text begin (b) The commissioner shall develop competitive eligibility criteria and may allocate
grants on a needs basis.
new text end

new text begin (c) Grant projects may continue for up to two years.
new text end

Sec. 5.

Minnesota Statutes 2022, section 17.055, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin No later than February 1 each year, the commissioner must submit a
report to the chairs and ranking minority members of the legislative committees and divisions
with jurisdiction over agriculture regarding the emerging farmer working group's activities,
recommendations, and any grants awarded under this section.
new text end

Sec. 6.

Minnesota Statutes 2022, section 17.1016, subdivision 2, is amended to read:

Subd. 2.

Grant program.

(a) The commissioner may establish and implement a grant
program to help farmers finance new cooperatives that organize for purposes of operating
an agricultural product processing facility or marketing an agricultural product or agricultural
service.

(b) To be eligible for this program, a grantee must:

(1) be a cooperative organized under chapter 308A new text begin or 308B new text end ;

(2) certify that all control deleted text begin and equity in deleted text end new text begin of new text end the cooperative is from farmers, family farm
partnerships, family farm limited liability companies, or family farm corporations as defined
in section 500.24, subdivision 2, who are actively engaged in agricultural commodity
production;

(3) be operated primarily to process agricultural commodities or market agricultural
products or services produced in Minnesota; deleted text begin and
deleted text end

(4) receive agricultural commodities produced primarily by shareholders or members
of the cooperative new text begin ; and
new text end

new text begin (5) not allow nonpatron voting rights new text end .

(c) The commissioner may receive applications and make grants up to $50,000 to eligible
grantees for feasibility, marketing analysis, assistance with organizational development,
financing and managing new cooperatives, product development, development of business
and marketing plans, and predesign of facilities, including site analysis, the development
of bid specifications, preliminary blueprints and schematics, and the completion of purchase
agreements and other necessary legal documents.

(d) Grants must be matched dollar-for-dollar with other money or in-kind contributions.

Sec. 7.

Minnesota Statutes 2022, section 17.116, subdivision 3, is amended to read:

Subd. 3.

Awarding of grants.

(a) Applications for grants must be made to the
commissioner on forms prescribed by the commissioner.

(b) The applications must be reviewed, ranked, and recommended by a technical review
panel appointed by the commissioner. The technical review panel shall consist of a soil
scientist, an agronomist, a representative from a postsecondary educational institution, an
agricultural marketing specialist, two resident farmers of the state using sustainable
agriculture methods, two resident farmers of the state using organic agriculture methods,
and a chair from the department.

(c) The technical review panel shall rank applications according to the following criteria:

(1) direct or indirect energy savings or production;

(2) environmental benefit;

(3) farm profitability;

(4) the number of farms able to apply the techniques or the technology proposed;

(5) the effectiveness of the project as a demonstration;

(6) the immediate transferability of the project to farms; and

(7) the ability of the project to accomplish its goals.

(d) The commissioner shall consider the recommendations of the technical review panel
and may award grants for eligible projects. Priority must be given to applicants who are
farmers or groups of farmers.

(e) Grants for eligible projects may not exceed $25,000 unless the portion above $25,000
is matched on an equal basis by the applicant's cash deleted text begin or in-kind land use contribution. deleted text end new text begin
contribution or the value of the applicant's in-kind land use, equipment use, or personal
labor. Grant recipients who are not required to provide a match and grant recipients whose
in-kind contributions exceed the amount needed to meet matching requirements may submit
the value of the grant recipients' labor or equipment use as an expense eligible for payment
from grant money. new text end Grant funding of projects may not exceed $50,000 under this section,
but applicants may utilize other funding sources. A portion of each grant must be targeted
for public information activities of the project.

(f) A project may continue for up to three years. Multiyear projects must be reevaluated
by the technical review panel and the commissioner before second or third year funding is
approved. A project is limited to one grant for its funding.

Sec. 8.

Minnesota Statutes 2022, section 17.133, subdivision 2, is amended to read:

Subd. 2.

Grants.

The commissioner deleted text begin must deleted text end new text begin may new text end award farm down payment assistance
grants of up to $15,000 per eligible farmer. deleted text begin An eligible farmer must match the grant with
at least an equivalent amount deleted text end new text begin Each award must be matched with at least $8,000 new text end of other
funding. new text begin Grants under this subdivision may be awarded by a randomized selection process
after applications are collected over a period of no less than 30 calendar days. new text end An eligible
farmer must commit to own and farm the land purchased with assistance provided under
this section for at least five years. For each year that a grant recipient does not own and
farm the land during the five-year period, the grant recipient must pay a penalty to the
commissioner equal to 20 percent of the grant amount.

Sec. 9.

Minnesota Statutes 2022, section 17.133, subdivision 3, is amended to read:

Subd. 3.

Report to legislature.

No later than December 1, 2023, and annually thereafter,
the commissioner must provide a report to the chairs and ranking minority members of the
legislative committees having jurisdiction over agriculture and rural development, in
compliance with sections 3.195 and 3.197, on the farm down payment assistance grants
under this section. The report must include:

(1) background information on beginning farmers in Minnesota and any other information
that the commissioner and authority find relevant to evaluating the effect of the grants on
increasing opportunities for and the number of beginning farmers;

(2) the number and amount of grants;

(3) the geographic distribution of grants by county;

(4) the number of grant recipients who are emerging farmers;

new text begin (5) disaggregated data regarding the gender, race, and ethnicity of grant recipients;
new text end

deleted text begin (5) deleted text end new text begin (6) new text end the number of farmers who cease to own land and are subject to payment of a
penalty, along with the reasons for the land ownership cessation; and

deleted text begin (6) deleted text end new text begin (7) new text end the number and amount of grant applications that exceeded the allocation available
in each year.

Sec. 10.

new text begin [17.134] SOIL HEALTH FINANCIAL ASSISTANCE PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner must establish and administer a
program to support healthy soil management practices in accordance with this section.
new text end

new text begin Subd. 2. new text end

new text begin Eligible projects. new text end

new text begin The commissioner may award a grant under this section for
any project on agricultural land in Minnesota that will:
new text end

new text begin (1) increase the quantity of organic carbon in soil through practices, including but not
limited to reduced tillage, cover cropping, manure management, precision agriculture, crop
rotations, and changes in grazing management;
new text end

new text begin (2) integrate perennial vegetation into the management of agricultural lands;
new text end

new text begin (3) reduce nitrous oxide and methane emissions through changes to livestock, soil
management, or nutrient optimization;
new text end

new text begin (4) increase the usage of precision agricultural practices;
new text end

new text begin (5) enable the development of site-specific management plans; or
new text end

new text begin (6) enable the purchase of equipment, parts and materials, technology, subscriptions,
technical assistance, seeds, seedlings, or amendments that will further any of the purposes
in clauses (1) to (5).
new text end

new text begin Subd. 3. new text end

new text begin Grant eligibility. new text end

new text begin Any owner or lessee of farmland may apply for a grant under
this section. The commissioner must give preference to owners and lessees that have not
previously implemented an eligible project. Local government units, including cities; towns;
counties; soil and water conservation districts; Minnesota Tribal governments as defined
in section 10.65; and joint powers boards, are also eligible for a grant. A local government
unit that receives a grant for equipment or technology must make those purchases available
for use by the public.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By January 15 each year, the commissioner must submit a report on
the grants awarded under this section to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over agriculture policy and finance.
The report must include the number of grants awarded by county and the combined value
of those grants.
new text end

Sec. 11.

Minnesota Statutes 2022, section 17.457, is amended to read:

17.457 RESTRICTED SPECIES.

Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this section.

(b) "Commissioner" means the commissioner of agriculture new text begin or the commissioner's
designee new text end .

(c) "Restricted species" means Eurasian wild pigs and their hybrids (Sus scrofa subspecies
and Sus scrofa hybrids), excluding domestic hogs (S. scrofa domesticus).

(d) "Release" means an intentional introduction or new text begin accidental new text end escape of a species from
the control of the owner or responsible party.

Subd. 2.

Importation; possession; release of restricted species.

It is unlawful for a
person to import, possess, propagate, transport, or release restricted species, deleted text begin except as
provided deleted text end new text begin unless the person has a permit as described new text end in subdivision 3.

Subd. 3.

Permits.

deleted text begin (a) deleted text end The commissioner may issue permits for the transportation,
possession, purchase, or importation of restricted species for scientific, research, educational,
or commercial purposes. A permit issued under this subdivision may be revoked by the
commissioner if the conditions of the permit are not met by the permittee or for any unlawful
act or omission, including accidental escapes.

deleted text begin (b) The commissioner may issue permits for a person to possess and raise a restricted
species for commercial purposes if the person was in possession of the restricted species
on March 1, 1993. Under the permit, the number of breeding stock of the restricted species
in the possession of the person may not increase by more than 25 percent and the person
must comply with the certification requirements in subdivision 7.
deleted text end

deleted text begin (c) A person may possess a restricted species without a permit for a period not to exceed
two days for the purpose of slaughtering the restricted species for human consumption.
deleted text end

Subd. 4.

Notice of deleted text begin escape deleted text end new text begin release new text end of restricted species.

In the event of deleted text begin an escape deleted text end new text begin a
release new text end of a restricted species, the owner must notify within 24 hours a conservation officer
and the Board of Animal Health and is responsible for the recovery of the species. The
commissioner may capture or destroy the deleted text begin escaped deleted text end new text begin released new text end animal at the owner's expense.

Subd. 5.

Enforcement.

This section may be enforced new text begin by an enforcement officer new text end under
sections 97A.205 and 97A.211 new text begin and by the commissioner under sections 17.982 to 17.984 new text end .

Subd. 6.

Penalty.

A person who violates subdivision 2, 4, or 7 is guilty of a misdemeanor.

Subd. 7.

deleted text begin Certification and deleted text end Identification requirements.

deleted text begin (a) A person who possesses
restricted species on July 1, 1993, must submit certified numbers of restricted species in
the person's possession to the Board of Animal Health by June 1, 1993.
deleted text end

deleted text begin (b) deleted text end new text begin A new text end restricted species in the possession of a person must be marked in a permanent
fashion to identify ownership. The restricted species must be marked as soon as practicable
after birth or purchase.

Subd. 8.

Containment.

The commissioner, in consultation with the commissioner of
natural resources, shall develop criteria for approved containment measures for restricted
species deleted text begin with the assistance of producers of restricted species deleted text end .

Subd. 9.

Bond; security.

A person who possesses restricted species must deleted text begin file a bond or
deposit deleted text end new text begin provide proof of insurance or file a security bond new text end with the commissioner deleted text begin security
in the form and deleted text end in deleted text begin the deleted text end new text begin an new text end amount determined by the commissioner to pay for the new text begin potential
new text end costs and damages new text begin that would be new text end caused by deleted text begin an escape deleted text end new text begin the release new text end of a restricted species.

Subd. 10.

Fee.

The commissioner deleted text begin shall deleted text end new text begin may new text end impose a fee for permits in an amount
sufficient to cover the costs of issuing the permits and for facility inspections. The fee may
not exceed $50. Fee receipts must be deposited in the general fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 12.

Minnesota Statutes 2022, section 17.710, is amended to read:

17.710 AGRICULTURAL deleted text begin PRODUCTION deleted text end CONTRACTS.

new text begin (a) new text end A production contract entered into, renewed, or amended on or after July 1, 1999,
between an agricultural producer and a processor of agricultural products must not contain
provisions that prohibit the producer from disclosing terms, conditions, and prices contained
in the contract. Any provision prohibiting disclosure by the producer is void.

new text begin (b) A contract entered into, renewed, or amended on or after July 1, 2023, between an
agricultural producer and an entity buying, selling, certifying, or otherwise participating in
a market for stored carbon must not contain provisions that prohibit the producer from
disclosing terms, conditions, and prices contained in the contract. Any provision prohibiting
disclosure by the producer is void.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 13.

Minnesota Statutes 2022, section 17.983, subdivision 1, is amended to read:

Subdivision 1.

Administrative penalties; citation.

If a person has violated a provision
of chapter 25 deleted text begin , deleted text end new text begin or new text end 31B, deleted text begin or 32D, deleted text end the commissioner may issue a written citation to the person
by personal service or by certified mail. The citation must describe the nature of the violation
and the statute or rule alleged to have been violated; state the time for correction, if
applicable; and the amount of any proposed fine. The citation must advise the person to
notify the commissioner in writing within 30 days if the person wishes to appeal the citation.
If the person fails to appeal the citation, the citation is the final order and not subject to
further review.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 14.

Minnesota Statutes 2022, section 18.78, subdivision 2, is amended to read:

Subd. 2.

Control of purple loosestrife new text begin and nonnative Phragmites new text end .

An owner of
nonfederal lands underlying public waters or wetlands designated under section 103G.201
is not required to control or eradicate purple loosestrife new text begin or nonnative Phragmites new text end below the
ordinary high water level of the public water or wetland. The commissioner of natural
resources is responsible for control and eradication of purple loosestrife new text begin and nonnative
Phragmites new text end on public waters and wetlands designated under section 103G.201, except those
located upon lands owned in fee title or managed by the United States. The officers,
employees, agents, and contractors of the commissioner of natural resources may enter upon
public waters and wetlands designated under section 103G.201 and, after providing
notification to the occupant or owner of the land, may cross adjacent lands as necessary for
the purpose of investigating purple loosestrife new text begin or nonnative Phragmites new text end infestations,
formulating methods of eradication, and implementing control and eradication of purple
loosestrife new text begin or nonnative Phragmites new text end . The commissioner of natural resources shall, by June
1 of each year, compile a priority list of purple loosestrife new text begin and nonnative Phragmites
new text end infestations to be controlled with herbicides in designated public waters. The commissioner
of natural resources must distribute the list to county agricultural inspectors, local weed
inspectors, and their appointed agents. The commissioner of natural resources shall control
listed purple loosestrife new text begin and nonnative Phragmites new text end infestations in priority order within the
limits of funding allocated for that purpose. This procedure shall supersede the other
provisions for control of noxious weeds set forth elsewhere in this chapter. The responsibility
of the commissioner of natural resources to control and eradicate purple loosestrife new text begin and
nonnative Phragmites new text end on public waters and wetlands located on private lands and the
authority to enter upon private lands ends ten days after receipt by the commissioner of a
written statement from the landowner that the landowner assumes all responsibility for
control and eradication of purple loosestrife new text begin and nonnative Phragmites new text end under sections 18.78
to 18.88. State officers, employees, agents, and contractors of the commissioner of natural
resources are not liable in a civil action for trespass committed in the discharge of their
duties under this section and are not liable to anyone for damages, except for damages
arising from gross negligence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 15.

Minnesota Statutes 2022, section 18B.01, subdivision 2b, is amended to read:

Subd. 2b.

Bee owner.

"Bee owner" means a person who owns deleted text begin an apiary deleted text end new text begin a bee colony
or colonies new text end .

Sec. 16.

Minnesota Statutes 2022, section 18B.01, is amended by adding a subdivision to
read:

new text begin Subd. 2c. new text end

new text begin Bee kill incident. new text end

new text begin "Bee kill incident" means an acute pesticide poisoning of
a bee colony or colonies located within one-half mile of each other at a single time point.
new text end

Sec. 17.

Minnesota Statutes 2022, section 18B.01, is amended by adding a subdivision to
read:

new text begin Subd. 4d. new text end

new text begin Cleaning product. new text end

new text begin "Cleaning product" means a pesticide used primarily for
domestic, commercial, or institutional cleaning purposes, including but not limited to an
air care product, an automotive maintenance product, a general cleaning product, or a polish
or floor maintenance product.
new text end

Sec. 18.

Minnesota Statutes 2022, section 18B.01, is amended by adding a subdivision to
read:

new text begin Subd. 6c. new text end

new text begin Currently unavoidable use. new text end

new text begin "Currently unavoidable use" means a use of
PFAS that is essential for health, safety, or the functioning of society and for which
alternatives are not reasonably available. Currently unavoidable use may include
consideration of the need to prevent or minimize potential pest resistance, and the potential
human health and environmental impacts of alternative products.
new text end

Sec. 19.

Minnesota Statutes 2022, section 18B.01, is amended by adding a subdivision to
read:

new text begin Subd. 12a. new text end

new text begin Intentionally added. new text end

new text begin "Intentionally added" means PFAS deliberately added
during the manufacture of a product where the continued presence of PFAS is desired in
the final product or one of the product's components to perform a specific function.
new text end

Sec. 20.

Minnesota Statutes 2022, section 18B.01, is amended by adding a subdivision to
read:

new text begin Subd. 14c. new text end

new text begin Minimum risk pesticide. new text end

new text begin "Minimum risk pesticide" means a pesticide or
class of pesticides that is exempt from the United States Environmental Protection Agency's
registration requirements under section 25(b) of the federal Insecticide, Fungicide, and
Rodenticide Act in Code of Federal Regulations, title 40, section 152.25(f).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 21.

Minnesota Statutes 2022, section 18B.01, is amended by adding a subdivision to
read:

new text begin Subd. 15c. new text end

new text begin Perfluoroalkyl and polyfluoroalkyl substances. new text end

new text begin "Perfluoroalkyl and
polyfluoroalkyl substances" or "PFAS" means a class of fluorinated organic chemicals
containing at least one fully fluorinated carbon atom.
new text end

Sec. 22.

Minnesota Statutes 2022, section 18B.03, subdivision 3, is amended to read:

Subd. 3.

Delegation new text begin and data sharing new text end to approved agencies.

The commissioner may,
by written agreements, delegate specific inspection, enforcement, and other regulatory duties
of this chapter to officials of approved agencies. new text begin The commissioner may enter into data
sharing agreements with other state agencies to help assess the potential for unreasonable
adverse effects to human health and the environment from the use of a pesticide.
new text end

Sec. 23.

Minnesota Statutes 2022, section 18B.03, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Perfluoroalkyl and polyfluoroalkyl substances. new text end

new text begin The commissioner has the
sole regulatory authority over the terrestrial application of pesticides containing PFAS,
including but not limited to the application of pesticides to agricultural crops, structures,
and other nonaquatic environments. In order to reduce duplication, a registrant is not required
to provide technical data to another state agency if the registrant previously submitted the
data to the commissioner and the data is available to the other state agencies.
new text end

Sec. 24.

Minnesota Statutes 2022, section 18B.051, is amended to read:

18B.051 POLLINATOR RESEARCH ACCOUNT.

Subdivision 1.

Account established.

A pollinator research account is established in the
agricultural fund. Money in the account, including interest, is appropriated to the Board of
Regents of the University of Minnesota for pollinator research and outreach new text begin , new text end including deleted text begin , deleted text end but
not limited to deleted text begin , science-based best practices and the identification and establishment of habitat
beneficial to pollinators. deleted text end new text begin :
new text end

new text begin (1) the identification and establishment of habitat beneficial to pollinators;
new text end

new text begin (2) the development and promotion of science-based best management practices;
new text end

new text begin (3) the development and promotion of practices that can reduce the effects of pesticides
on pollinators;
new text end

new text begin (4) the effects of seed treatments on pollinators; and
new text end

new text begin (5) the development and promotion of integrated pest management, including pest
economic thresholds.
new text end

new text begin The University of Minnesota must select projects in consultation with the Minnesota
Department of Agriculture.
new text end

Subd. 2.

Expiration.

This section expires July 1, deleted text begin 2025 deleted text end new text begin 2027 new text end .

Sec. 25.

Minnesota Statutes 2022, section 18B.055, is amended to read:

18B.055 COMPENSATION FOR BEES KILLED BY PESTICIDE;
APPROPRIATION.

Subdivision 1.

Compensation required.

(a) The commissioner must compensate a
deleted text begin person deleted text end new text begin bee owner new text end for an acute pesticide poisoning resulting in the death of bees or loss of
bee colonies owned by the deleted text begin person, provided: deleted text end new text begin bee owner.
new text end

deleted text begin (1) the person who applied the pesticide cannot be determined;
deleted text end

deleted text begin (2) the person who applied the pesticide did so in a manner consistent with the pesticide
product's label or labeling; or
deleted text end

deleted text begin (3) the person who applied the pesticide did so in a manner inconsistent with the pesticide
product's label or labeling.
deleted text end

(b) Except as provided in this section, the bee owner is entitled to the fair market value
of the dead bees and bee colonies losses as determined by the commissioner upon
recommendation by academic experts and bee keepers. deleted text begin In any fiscal year, deleted text end A bee owner must
not be compensated for a claim that is less than $100 or compensated more than deleted text begin $20,000
for all eligible claims. deleted text end new text begin $10,000 for a bee kill incident. A bee owner may only make one
claim for a single bee kill incident.
new text end

new text begin (c) A bee owner must not be compensated more than $20,000 in a fiscal year for bee
kill incidents.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end To be eligible for compensation under this section, the bee owner new text begin and the affected
apiary new text end must be registered new text begin prior to the bee kill incident new text end with a commonly utilized pesticide
registry program, as designated by the commissioner.

deleted text begin Subd. 2. deleted text end

deleted text begin Applicator responsible. deleted text end

deleted text begin In the event a person applies a pesticide in a manner
inconsistent with the pesticide product's label or labeling requirements as approved by the
commissioner and is determined to have caused the acute pesticide poisoning of bees,
resulting in death or loss of a bee colony kept for commercial purposes, then the person so
identified must bear the responsibility of restitution for the value of the bees to the owner.
In these cases the commissioner must not provide compensation as provided in this section.
deleted text end

Subd. 3.

Claim form.

new text begin Within three months of the commissioner making a determination
of whether the death of bees or loss of bee colonies was caused by acute pesticide poisoning,
new text end the bee owner must file a claim on forms provided by the commissioner and available on
the Department of Agriculture's website.

Subd. 4.

Determination.

The commissioner must determine whether the death of the
bees or loss of bee colonies was caused by an acute pesticide poisoning, whether the pesticide
applicator can be determined, and whether the pesticide applicator applied the pesticide
product in a manner consistent with the pesticide product's label or labeling.

Subd. 5.

Payments; denial of compensation.

deleted text begin (a) If the commissioner determines the
bee death or loss of bee colony was caused by an acute pesticide poisoning and either the
pesticide applicator cannot be determined or the pesticide applicator applied the pesticide
product in a manner consistent with the pesticide product's label or labeling, the commissioner
may award compensation from the pesticide regulatory account. If the pesticide applicator
can be determined and the applicator applied the pesticide product in a manner inconsistent
with the product's label or labeling, the commissioner may collect a penalty from the pesticide
applicator sufficient to compensate the bee owner for the fair market value of the dead bees
and bee colonies losses, and must award the money to the bee owner.
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end If the commissioner denies compensation claimed by a bee owner under this
section, the commissioner must issue a written decision based upon the available evidence.
The decision must include specification of the facts upon which the decision is based and
the conclusions on the material issues of the claim. The commissioner must mail a copy of
the decision to the bee owner.

deleted text begin (c) deleted text end new text begin (b) new text end A decision to deny compensation claimed under this section is not subject to the
contested case review procedures of chapter 14, but may be reviewed upon a trial de novo
in a court in the county where the loss occurred. The decision of the court may be appealed
as in other civil cases. Review in court may be obtained by filing a petition for review with
the administrator of the court within 60 days following receipt of a decision under this
section. Upon the filing of a petition, the administrator must mail a copy to the commissioner
and set a time for hearing within 90 days of the filing.

Subd. 6.

Deduction from payment.

The commissioner must reduce payments made
under this section by any compensation received by the bee owner for dead bees and bee
colonies losses as proceeds from an insurance policy or from another source.

new text begin Subd. 6a. new text end

new text begin Enhanced penalty factor. new text end

new text begin If the commissioner determines that a bee death
or loss of bee colony was caused by acute pesticide poisoning, is able to determine the
pesticide applicator that was responsible, and determines that the applicator applied the
pesticide in a manner inconsistent with the product's label or labeling, the commissioner
may add the amount that the bee owner received from the bee owner's claim to any penalty
amount assessed by the commissioner under any penalty actions against the pesticide
applicator under section 18D.315 or 18D.325.
new text end

Subd. 7.

Appropriation.

The amount necessary to pay claims under this section, not to
exceed $150,000 per fiscal year, is appropriated from the pesticide regulatory account in
section 18B.05.

Sec. 26.

Minnesota Statutes 2022, section 18B.065, subdivision 8, is amended to read:

Subd. 8.

Waste pesticide program surcharge.

new text begin (a) Except as provided in paragraph (b),
new text end the commissioner shall annually collect a waste pesticide program surcharge of $50 on each
agricultural waste pesticide product and $125 on each nonagricultural waste pesticide product
registered in the state as part of a pesticide product registration application under section
18B.26, subdivision 3.

new text begin (b) Pesticide products classified as minimum risk by the United States Environmental
Protection Agency are exempt from the waste pesticide program surcharge.
new text end

Sec. 27.

new text begin [18B.091] PESTICIDES ON MEDICAL CANNABIS.
new text end

new text begin A person working on behalf of an approved medical cannabis manufacturer may apply
minimum risk pesticide for growing medical cannabis as defined in section 152.22,
subdivision 6, unless:
new text end

new text begin (1) the commissioner determines that the product label prohibits the use of minimum
risk pesticide on medical cannabis;
new text end

new text begin (2) the commissioner, in consultation with the commissioner of health, determines that
the continued use of minimum risk pesticide would cause unreasonable adverse effects on
human health; or
new text end

new text begin (3) the commissioner determines that the continued use of minimum risk pesticide would
cause unreasonable adverse effects on the environment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 28.

Minnesota Statutes 2022, section 18B.26, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Notification required; waivers and extensions. new text end

new text begin (a) Beginning January 1,
2026, a pesticide registrant must annually provide a statement that a product contains no
intentionally added PFAS or, for products that contain intentionally added PFAS, a pesticide
registrant must submit to the commissioner the following information:
new text end

new text begin (1) the name and purpose for which PFAS are used in the pesticide, including in any
product components;
new text end

new text begin (2) the amount of each PFAS in the product, identified by its name, chemical structure,
analytical methods, chemical abstracts service registry number, or other unique method
approved by the commissioner; and
new text end

new text begin (3) any additional information required by the commissioner.
new text end

new text begin (b) The commissioner may waive all or part of the notification requirement under
paragraph (a) if the commissioner determines that substantially equivalent information is
available. The commissioner may extend the deadline for the submission of the information
required under paragraph (a) if the commissioner determines that more time is needed by
the registrant to comply with the submission requirement.
new text end

Sec. 29.

Minnesota Statutes 2022, section 18B.26, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin PFAS prohibitions. new text end

new text begin (a) Beginning January 1, 2026, the commissioner may not
register a cleaning product if the product contains intentionally added PFAS unless the
commissioner determines that the use of PFAS is a currently unavoidable use.
new text end

new text begin (b) Beginning January 1, 2032, the commissioner may not register a pesticide product
that contains intentionally added PFAS unless the commissioner determines that the use of
PFAS is a currently unavoidable use.
new text end

Sec. 30.

Minnesota Statutes 2022, section 18B.28, subdivision 3, is amended to read:

Subd. 3.

Application.

A person must file an application for experimental use pesticide
product registration with the commissioner. An application to register an experimental use
pesticide product must include:

(1) the name and address of the applicant;

(2) a copy of the United States Environmental Protection Agency permit;

(3) a description of the purpose or objectives of the experimental use;

(4) a copy of the experimental use pesticide labeling accepted by the United States
Environmental Protection Agency;

(5) the name, address, and telephone number of cooperators or participants in this state;

(6) the amount of material to be shipped or used in this state; deleted text begin and
deleted text end

new text begin (7) information about any intentionally added PFAS in the product, including PFAS
ingredients, amount, chemical structure, analytical methods, and purposes for which PFAS
are used in the product, including in any product components; and
new text end

deleted text begin (7) deleted text end new text begin (8) new text end other information requested by the commissioner.

Sec. 31.

Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:

new text begin Subd. 6b. new text end

new text begin Currently unavoidable use. new text end

new text begin "Currently unavoidable use" means a use of
PFAS that is essential for health, safety, or the functioning of society and for which
alternatives are not reasonably available.
new text end

Sec. 32.

Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:

new text begin Subd. 15a. new text end

new text begin Intentionally added. new text end

new text begin "Intentionally added" has the meaning given in section
18B.01, subdivision 12a.
new text end

Sec. 33.

Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:

new text begin Subd. 19a. new text end

new text begin Manufacturer. new text end

new text begin "Manufacturer" means a guarantor, registrant, distributor,
producer, or other person that creates or produces a product or whose brand name is affixed
to the product. In the case of a product imported into the United States, manufacturer includes
the importer or first domestic distributor of the product if the person that manufactured or
assembled the product or whose brand name is affixed to the product does not have a presence
in the United States.
new text end

Sec. 34.

Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:

new text begin Subd. 23a. new text end

new text begin Perfluoroalkyl and polyfluoroalkyl substances. new text end

new text begin "Perfluoroalkyl and
polyfluoroalkyl substances" or "PFAS" has the meaning given in section 18B.01, subdivision
15c.
new text end

Sec. 35.

Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:

new text begin Subd. 26a. new text end

new text begin Product. new text end

new text begin "Product" means a fertilizer, specialty fertilizer, soil amendment,
plant amendment, agricultural liming material, or other material that is manufactured,
assembled, packaged, or otherwise prepared for sale to consumers, including its product
components, sold or distributed for agricultural, personal, residential, commercial, or
industrial use, including for use in making other products, and that is regulated under this
chapter.
new text end

Sec. 36.

Minnesota Statutes 2022, section 18C.111, subdivision 3, is amended to read:

Subd. 3.

Delegation new text begin and data sharing new text end to approved agencies.

The commissioner may,
by written agreements, delegate specific inspection, enforcement, and other regulatory duties
of this chapter to officials of other agencies. The delegation may only be made to a state
agency, a political subdivision, or a political subdivision's agency that has signed a joint
powers agreement with the commissioner as provided in section 471.59. new text begin The commissioner
may also enter into data sharing agreements with other state agencies to help assess the
potential for unreasonable adverse effects to human health and the environment from the
use of a fertilizer.
new text end

Sec. 37.

Minnesota Statutes 2022, section 18C.111, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Perfluoroalkyl and polyfluoroalkyl substances. new text end

new text begin The Department of Agriculture
is the lead state agency for the regulation of fertilizer containing PFAS, including the storage,
handling, distribution, use, and disposal of fertilizer containing PFAS. In order to reduce
duplication, a distributor, registrant, or guarantor is not required to provide technical data
to another state agency if the distributor, registrant, or guarantor has previously submitted
the data to the commissioner and the data is available to the other state agencies.
new text end

Sec. 38.

new text begin [18C.202] PERFLUOROALKYL AND POLYFLUOROALKYL
SUBSTANCES.
new text end

new text begin Subdivision 1. new text end

new text begin Notification required. new text end

new text begin Beginning January 1, 2026, a product manufacturer
must annually provide a statement that a product contains no intentionally added PFAS or,
for products that contain intentionally added PFAS, must submit to the commissioner the
following information:
new text end

new text begin (1) the name and purpose for which PFAS are used in the product, including in any
product components;
new text end

new text begin (2) the amount of each PFAS chemical, identified by its name, chemical structure,
analytical methods, chemical abstracts service registry number, or other method approved
by the commissioner, in the product; and
new text end

new text begin (3) any additional information required by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Notification requirement waivers; extensions. new text end

new text begin The commissioner may waive
all or part of the notification requirement under subdivision 1 if the commissioner determines
that substantially equivalent information is available. The commissioner may extend the
deadline for the submission of the information required under subdivision 1 if the
commissioner determines that more time is needed by the manufacturer to comply with the
submission requirement. With the approval of the commissioner, a manufacturer may supply
the information for a category or type of product rather than for each individual product.
This may include raw materials used to produce blended fertilizers.
new text end

new text begin Subd. 3. new text end

new text begin Prohibition. new text end

new text begin Beginning January 1, 2032, the commissioner must not register
or approve a product for use under this chapter if the product contains intentionally added
PFAS unless the commissioner determines that the use of PFAS is a currently unavoidable
use.
new text end

Sec. 39.

Minnesota Statutes 2022, section 18C.421, subdivision 1, is amended to read:

Subdivision 1.

Annual tonnage report.

(a) Each registrant under section 18C.411 and
licensee under section 18C.415 shall file an annual tonnage report for the previous year
ending June 30 with the commissioner, on forms provided or approved by the commissioner,
stating the number of net tons of each brand or grade of fertilizer, soil amendment, or plant
amendment distributed in this state or the number of net tons and grade of each raw fertilizer
material distributed in this state during the reporting period.

(b) A tonnage report is not required to be submitted and an inspection fee under section
18C.425, subdivision 6, is not required to be paid to the commissioner by a licensee who
distributes fertilizer solely by custom application.

(c) The annual tonnage report must be submitted to the commissioner on or before July
31 of each year.

(d) The inspection fee deleted text begin at the rate stated in deleted text end new text begin under new text end section 18C.425, subdivision 6, must
accompany the statement.

Sec. 40.

Minnesota Statutes 2022, section 18C.425, subdivision 6, is amended to read:

Subd. 6.

Payment of inspection fee.

(a) The person who registers and distributes in the
state a specialty fertilizer, soil amendment, or plant amendment under section 18C.411 shall
pay the inspection fee to the commissioner.

(b) The person licensed under section 18C.415 who distributes a fertilizer to a person
not required to be so licensed shall pay the inspection fee to the commissioner, except as
exempted under section 18C.421, subdivision 1, paragraph (b).

(c) The person responsible for payment of the inspection fees for fertilizers, soil
amendments, or plant amendments sold and used in this state must pay deleted text begin an deleted text end new text begin the new text end inspection
fee deleted text begin of 39 cents per ton deleted text end new text begin set under paragraph (e) new text end , and until June 30, 2024, an additional 40
cents per ton, of fertilizer, soil amendment, and plant amendment sold or distributed in this
state, with a minimum of $10 on all tonnage reports. Notwithstanding section 18C.131, the
commissioner must deposit all revenue from the additional 40 cents per ton fee in the
agricultural fertilizer research and education account in section 18C.80. Products sold or
distributed to manufacturers or exchanged between them are exempt from the inspection
fee imposed by this subdivision if the products are used exclusively for manufacturing
purposes.

(d) A registrant or licensee must retain invoices showing proof of fertilizer, plant
amendment, or soil amendment distribution amounts and inspection fees paid for a period
of three years.

new text begin (e) By commissioner's order, the commissioner must set the inspection fee at no less
than 39 cents per ton and no more than 70 cents per ton. The commissioner must hold a
public meeting before increasing the fee by more than five cents per ton.
new text end

Sec. 41.

Minnesota Statutes 2022, section 18D.321, subdivision 1, is amended to read:

Subdivision 1.

Notice of appeal.

(a) After service of an order, a person has deleted text begin 45 deleted text end new text begin 20 new text end days
from receipt of the order to notify the commissioner in writing that the person intends to
contest the order.

(b) If the person fails to notify the commissioner that the person intends to contest the
order, the order is a final order of the commissioner and not subject to further judicial or
administrative review.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 42.

Minnesota Statutes 2022, section 18F.01, is amended to read:

18F.01 PURPOSE.

The purpose of sections 18F.01 to 18F.13 is to establish deleted text begin permits deleted text end new text begin conditions new text end for the release
of certain genetically engineered agriculturally related organisms to protect humans and the
environment from the potential for significant adverse effects of those releases.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 43.

Minnesota Statutes 2022, section 18F.02, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Coordinated Framework. new text end

new text begin "Coordinated Framework" means the federal
Coordinated Framework for the Regulation of Biotechnology set forth in Federal Register,
volume 51, pages 23,302 to 23,350 (June 26, 1986), as amended.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 44.

Minnesota Statutes 2022, section 18F.02, is amended by adding a subdivision to
read:

new text begin Subd. 7a. new text end

new text begin Regulated organism. new text end

new text begin "Regulated organism" means a genetically engineered
organism that is not exempt from federal regulations or that is not yet authorized for
commercial use by the appropriate federal agency in the Coordinated Framework.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 45.

Minnesota Statutes 2022, section 18F.07, is amended to read:

18F.07 GENETICALLY ENGINEERED AGRICULTURALLY RELATED
ORGANISM PERMIT.

Subdivision 1.

Requirement.

A person may not conduct a release of a genetically
engineered agriculturally related organism until a permit for the release has been obtained
from the deleted text begin commissioner deleted text end new text begin United States Department of Agriculture (USDA) or Environmental
Protection Agency (EPA) unless the organism is exempt from regulation by the applicable
agency under the Coordinated Framework. The commissioner may accept a USDA or EPA
permit or may review a USDA or EPA permit and add additional requirements to ensure
that the proposed release of a genetically engineered agriculturally related organism would
not create a hazard to the agricultural, forest, or horticultural interests of this state or the
state's general environmental quality new text end . deleted text begin Each release of a genetically engineered agriculturally
deleted text end deleted text begin related organism requires a new permit until the deleted text end deleted text begin commissioner deleted text end deleted text begin determines deleted text end deleted text begin by rule deleted text end deleted text begin that the
proposed use of the deleted text end deleted text begin agriculturally related organism deleted text end deleted text begin is no longer subject to regulation deleted text end deleted text begin under
this chapter deleted text end deleted text begin .
deleted text end

Subd. 2.

Permit deleted text begin application and deleted text end review.

(a) deleted text begin After reviewing a completed application,
the commissioner may issue a genetically engineered agriculturally related organism permit
if the commissioner determines that the applicant has adequately demonstrated that the
proposed release does not have the potential for unreasonable adverse effects on the
environment. deleted text end new text begin If the commissioner reviews a USDA or EPA permit, new text end the commissioner may
deleted text begin prescribe deleted text end new text begin recommend new text end terms and conditions new text begin , new text end including deleted text begin , deleted text end but not limited to deleted text begin , deleted text end the period for the
genetically engineered agriculturally related organism permit, the amount or number of
genetically engineered agriculturally related organisms to be used, monitoring activities,
department inspection schedules, reporting of experiment results, and experiment termination
procedures. deleted text begin A person may not violate terms or conditions of a permit issued under this
section. deleted text end After a genetically engineered agriculturally related organism permit is issued, the
commissioner deleted text begin may revoke or change the permit at any time deleted text end new text begin must inform the permitting
agency new text end if the deleted text begin commissioner finds that its deleted text end new text begin permit new text end terms or conditions are being violated or
are inadequate to avoid unreasonable adverse effects on the environment.

(b) The commissioner may deleted text begin deny issuance of a genetically engineered agriculturally
related organism permit if the commissioner determines that the use to be made of the
agriculturally related organisms under the proposed terms and conditions may cause
unreasonable adverse effects on the environment deleted text end new text begin request that the USDA or EPA not issue
a permit if the commissioner determines that the release of the genetically engineered
agriculturally related organism would create a hazard to the agricultural, forest, or
horticultural interests of this state or the state's general environmental quality new text end .

new text begin (c) The commissioner shall publish a notice of the proposed release at the earliest
opportunity in the EQB Monitor and shall notify the chair of the county board and, if
applicable, the Tribal council of any reservation where the organism will be released.
new text end

Subd. 3.

Application.

A person shall file an application for a genetically engineered
agriculturally related organism permit with the deleted text begin commissioner. The application must include: deleted text end new text begin
appropriate federal agency in the Coordinated Framework, unless exempted as set forth in
section 18F.13.
new text end

deleted text begin (1) the name and address of the applicant;
deleted text end

deleted text begin (2) any United States Environmental Protection Agency, United States Department of
Agriculture, or other federal agency regulatory application or approval document, if required
under federal law or rule;
deleted text end

deleted text begin (3) the purpose or objectives of the agriculturally related organism;
deleted text end

deleted text begin (4) the name, address, and telephone number of cooperators or participants in this state;
deleted text end

deleted text begin (5) the amount or number of organisms, materials, cultures, or seeds to be shipped or
used in this state; and
deleted text end

deleted text begin (6) other information requested by the commissioner.
deleted text end

deleted text begin Subd. 4. deleted text end

deleted text begin Application fee. deleted text end

deleted text begin An application for a permit for a genetically engineered
agriculturally related organism must be accompanied by a nonrefundable application fee
of $125.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 46.

Minnesota Statutes 2022, section 18F.13, is amended to read:

18F.13 EXEMPTIONS.

deleted text begin (a) deleted text end The commissioner deleted text begin may provide exemptions to the requirements to prepare an
environmental assessment worksheet and obtain a permit for release of genetically engineered
agriculturally related organisms for which substantial evidence, including past releases, has
shown that the organism can be released without adverse effects on humans and the
environment deleted text end new text begin must recognize federal exemptions for the regulation of genetically engineered
organisms new text end .

deleted text begin (b) deleted text end The commissioner deleted text begin may provide exemptions from the requirements to prepare an
environmental assessment worksheet and obtain a permit for release of genetically engineered
agriculturally related organisms for which substantial evidence, including past releases, has
shown that the organism can be released under alternative oversight without adverse effects
to humans and the environment deleted text end new text begin must allow the commercial use of agriculturally related
genetically engineered organisms, pesticides, fertilizers, soil amendments, or plant
amendments that have been deregulated by any federal agency new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 47.

Minnesota Statutes 2022, section 18G.02, subdivision 2, is amended to read:

Subd. 2.

Biological control agent.

"Biological control agent" means a deleted text begin parasite deleted text end new text begin parasitoid new text end ,
predator, pathogen, or competitive organism intentionally released by humans for the purpose
of biological control with the intent of causing a reduction of a host or prey population.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 48.

Minnesota Statutes 2022, section 18G.02, subdivision 6, is amended to read:

Subd. 6.

Compliance agreement.

"Compliance agreement" means a written agreement
between deleted text begin a person deleted text end new text begin an entity new text end and a regulatory agency to achieve compliance with regulatory
requirements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 49.

Minnesota Statutes 2022, section 18G.02, is amended by adding a subdivision to
read:

new text begin Subd. 12a. new text end

new text begin Individual. new text end

new text begin "Individual" means a single human being who is not the sole
proprietor of a registered business related to plant protection or export certification.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 50.

Minnesota Statutes 2022, section 18G.02, subdivision 14, is amended to read:

Subd. 14.

Infested.

"Infested" means a plant deleted text begin has been overrun by deleted text end new text begin that contains an
unacceptable level of new text end plant pests, including weeds, or contains or harbors plant pests in a
quantity that may threaten other plants.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 51.

Minnesota Statutes 2022, section 18G.02, subdivision 15, is amended to read:

Subd. 15.

Invasive species.

"Invasive species" means an exotic deleted text begin or nonnative deleted text end species
whose introduction and establishment causes, or may cause, economic or environmental
harm or harm to human health.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 52.

Minnesota Statutes 2022, section 18G.02, subdivision 16, is amended to read:

Subd. 16.

Mark.

"Mark" means an official indicator affixed by the commissioner for
purposes of identification or separation, to, on, around, or near, plants or plant material
known or suspected to be new text begin infested or new text end infected with a plant pest new text begin or that otherwise needs to
be distinguished from other plants or materials new text end . This includes, but is not limited to, paint,
markers, tags, seals, stickers, tape, ribbons, signs, or placards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 53.

Minnesota Statutes 2022, section 18G.02, subdivision 20, is amended to read:

Subd. 20.

deleted text begin Person deleted text end new text begin Entity new text end .

" deleted text begin Person deleted text end new text begin Entity new text end " means deleted text begin an individual, deleted text end new text begin a registered business
such as a new text end firm, corporation, partnership, association, trust, joint stock company, deleted text begin or deleted text end
unincorporated organization new text begin , or sole proprietorship new text end ; the state; a state agency; or a political
subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 54.

Minnesota Statutes 2022, section 18G.02, subdivision 22, is amended to read:

Subd. 22.

Phytosanitary certificate or export certificate.

"Phytosanitary certificate"
or "export certificate" means a document authorized or prepared by a duly authorized federal
or state official that affirms, declares, or verifies that an article, deleted text begin nursery stock, deleted text end plant, plant
product, shipment, or any other officially regulated article meets applicable, legally
established, plant pest regulations, including this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 55.

Minnesota Statutes 2022, section 18G.02, subdivision 24, is amended to read:

Subd. 24.

Plant pest.

"Plant pest" deleted text begin includes, but is not limited to, an invasive species or
any pest of plants, agricultural commodities, horticultural products, nursery stock, or
noncultivated plants by organisms such as deleted text end new text begin means any organism determined by the
commissioner to be capable of causing harm to terrestrial plants, including but not limited
to new text end insects, snails, nematodes, fungi, viruses, bacterium, microorganisms, mycoplasma-like
organisms, weeds, deleted text begin plants, deleted text end and parasitic plants.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 56.

Minnesota Statutes 2022, section 18G.02, subdivision 30, is amended to read:

Subd. 30.

Significant damage or harm.

"Significant damage" or "harm" means a level
of adverse impact that results in new text begin unacceptable new text end economic damage, injury, or loss deleted text begin that exceeds
the cost of control deleted text end for a particular deleted text begin crop deleted text end new text begin plant new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 57.

Minnesota Statutes 2022, section 18G.03, subdivision 1, is amended to read:

Subdivision 1.

Entry and inspection.

(a) The commissioner may enter and inspect a
public or private place that might harbor plant pests and may require that the owner destroy
or treat plant pests, plants, or other material.

(b) If the owner fails to properly comply with a directive of the commissioner, the
commissioner may have any necessary work done at the owner's expense. The commissioner
shall notify the owner of the deadline for paying those expenses. If the owner does not
reimburse the commissioner for an expense within a time specified by the commissioner,
the expense is a charge upon the county as provided in subdivision 4.

(c) If a deleted text begin harmful deleted text end plant pest infestation or infection threatens plants of an area in the state,
the commissioner may take any measures necessary to eliminate or alleviate the potential
significant damage or harm.

(d) The commissioner may collect fees required by this chapter.

(e) The commissioner may issue and enforce written or printed "stop-sale" orders,
compliance agreements, and other directives and requests to the owner or custodian of any
plants or articles infested or infected with a deleted text begin harmful deleted text end plant pest.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 58.

Minnesota Statutes 2022, section 18G.04, subdivision 2, is amended to read:

Subd. 2.

Control order.

In order to prevent the introduction or spread of deleted text begin harmful or
dangerous deleted text end plant pests, the commissioner may issue orders for necessary control measures.
These orders may indicate the type of specific control to be used, the compound or material,
the manner or the time of application, and who is responsible for carrying out the control
order. Control orders may include directions to control or abate the plant pest to an acceptable
level; eradicate the plant pest; restrict the movement of the plant pest or any material, article,
appliance, plant, or means of conveyance suspected to be carrying the plant pest; or destroy
plants or plant products infested or infected with a plant pest. Material suspected of being
infested or infected with a plant pest may be confiscated by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 59.

Minnesota Statutes 2022, section 18G.05, is amended to read:

18G.05 DISCOVERY OF PLANT PESTS; OFFICIAL MARKING OF INFESTED
OR INFECTED ARTICLES.

Upon knowledge of the existence of a deleted text begin dangerous or injurious deleted text end plant pest deleted text begin or invasive
species deleted text end within the state, the commissioner may conspicuously mark all plants, infested areas,
materials, and articles known or suspected to be infected or infested with the plant pest deleted text begin or
invasive species deleted text end . deleted text begin Persons, owners, or tenants deleted text end new text begin An entity or individual new text end in possession of the
premises or area in which the existence of the plant pest deleted text begin or invasive species deleted text end is suspected
must be notified by the commissioner with prescribed control measures. deleted text begin A person deleted text end new text begin An entity
or individual new text end must comply with the commissioner's control order within the prescribed time.
If the commissioner determines that satisfactory control or mitigation of the pest has been
achieved, the order must be released.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 60.

Minnesota Statutes 2022, section 18G.06, subdivision 2, is amended to read:

Subd. 2.

Quarantine notice.

(a) The commissioner may issue orders to take prompt
regulatory action in plant pest emergencies on regulated articles. If continuing quarantine
action is required, a formal quarantine may be imposed. Orders may be issued to retain
necessary quarantine action on a few properties if eradication treatments have been applied
and continuing quarantine action is no longer necessary for the majority of the regulated
area.

(b) The commissioner may place an emergency regulation or quarantine in effect without
prior public notice in order to take immediate regulatory action to prevent the introduction
or establishment of a plant pest.

(c) The commissioner may enter into cooperative agreements with the United States
Department of Agriculture and other federal, state, city, or county agencies to assist in the
enforcement of federal quarantines. The commissioner may adopt a quarantine or regulation
against a new text begin plant new text end pest or an area not covered by a federal quarantine. The commissioner may
seize, destroy, or require treatment of products moved from a federally regulated area if
they were not moved in accordance with the federal quarantine regulations or, if certified,
they were found to be infested with the pest organism.

(d) The commissioner may impose a quarantine against a plant pest that is not quarantined
in other states to prevent the spread of the plant pest within this state. The commissioner
may enact a quarantine against a plant pest of regional or national significance even when
no federal domestic quarantine has been adopted. These quarantines regulate intrastate
movement between quarantined and nonquarantined areas of this state. The commissioner
may enact a parallel state quarantine if there is a federal quarantine applied to a portion of
the state.

(e) The commissioner may impose a state exterior quarantine if the plant pest is not
established in this state but is established in other states. State exterior quarantines may be
enacted even if no federal domestic quarantine has been adopted. The commissioner may
issue control orders at destinations necessary to prevent the introduction or spread of plant
pests.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 61.

Minnesota Statutes 2022, section 18G.06, subdivision 5, is amended to read:

Subd. 5.

Public notification of a state quarantine or emergency regulation.

(a) For
new text begin plant new text end pest threats of imminent concern, the commissioner may declare an emergency
quarantine or enact emergency orders.

(b) If circumstances permit, public notice and a public hearing must be held to solicit
comments regarding the proposed state quarantine. If a new text begin plant new text end pest threat is of imminent
concern and there is insufficient time to allow full public comment on the proposed
quarantine, the commissioner may impose an emergency quarantine until a state quarantine
can be implemented.

(c) Upon establishment of a state quarantine, and upon institution of modifications or
repeal, notices must be sent to the principal parties of interest, including federal and state
authorities, and to organizations representing the public involved in the restrictive measures.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 62.

Minnesota Statutes 2022, section 18G.10, subdivision 4, is amended to read:

Subd. 4.

Phytosanitary and export certificates.

An exporter of plants or plant products
desiring to originate shipments from Minnesota to a foreign country requiring a phytosanitary
certificate or export certificate must submit an application to the commissioner. Application
for phytosanitary certificates or export certificates must be made on forms provided or
approved by the commissioner new text begin or the USDA new text end . The commissioner may conduct inspections
of plants, plant products, or facilities for persons that have applied for or intend to apply
for a phytosanitary certificate or export certificate from the commissioner.

The commissioner may issue a phytosanitary certificate or export certificate if the plants
or plant products satisfactorily meet the requirements of the importing new text begin state or new text end foreign
country and the United States Department of Agriculture requirements. The requirements
of the destination new text begin states or new text end countries must be met by the applicant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 63.

Minnesota Statutes 2022, section 18G.10, subdivision 5, is amended to read:

Subd. 5.

Certificate fees.

(a) The commissioner shall assess fees sufficient to recover
all costs for the inspection, service, and work performed in carrying out the issuance of a
phytosanitary certificate or export certificate.

(b) If laboratory analysis or other technical analysis is required to issue a certificate, the
commissioner must set and collect the fee to recover this additional cost.

(c) The certificate fee is $75 or a fee amount, not to exceed $300, that is sufficient to
recover all processing costs for each phytosanitary or export certificate issued new text begin . The certificate
fee is new text end in addition to any mileage or inspection time charges that are assessed.

(d) For services provided for in subdivision 7 that are goods and services provided for
the direct and primary use of a private individual, business, or other entity, the commissioner
must set and collect the fees to cover the cost of the services provided.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 64.

Minnesota Statutes 2022, section 18G.10, subdivision 6, is amended to read:

Subd. 6.

Certificate denial or cancellation.

The commissioner may deny or cancel the
issuance of a phytosanitary or export certificate for any of the following reasons:

(1) failure of the plants or plant products to meet quarantine, regulations, and requirements
imposed by the country new text begin , state, or other jurisdiction new text end for which the phytosanitary or export
certificate is being requested;

(2) failure to completely or accurately provide the information requested on the
application form;

(3) failure to ship the exact plants or plant products which were inspected and approved;
or

(4) failure to pay any fees or costs due the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 65.

Minnesota Statutes 2022, section 18G.11, subdivision 1, is amended to read:

Subdivision 1.

Detection and control agreements.

The commissioner may enter into
cooperative agreements with organizations, deleted text begin persons deleted text end new text begin entities new text end , civic groups, governmental
agencies, or other organizations to adopt and execute plans to detect and control areas
infested or infected with deleted text begin harmful deleted text end plant pests. The cooperative agreements may include
provisions of joint funding of any control treatment.

If a deleted text begin harmful deleted text end plant pest infestation or infection occurs and cannot be adequately controlled
by deleted text begin individual persons deleted text end new text begin individuals, entities new text end , owners, tenants, or local units of government,
the commissioner may conduct the necessary control measures independently or on a
cooperative basis with federal or other units of government.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 66.

Minnesota Statutes 2022, section 18G.12, subdivision 1, is amended to read:

Subdivision 1.

Plant pest and invasive species research.

The commissioner shall
conduct research to prevent the introduction or spread of deleted text begin invasive species and deleted text end plant pests
new text begin that are also terrestrial invasive species new text end into the state and to investigate the feasibility of
their control or eradication.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 67.

Minnesota Statutes 2022, section 18G.12, subdivision 2, is amended to read:

Subd. 2.

Statewide program.

The commissioner shall establish a statewide program to
prevent the introduction and the spread of deleted text begin harmful deleted text end plant deleted text begin pest and deleted text end new text begin pests that are also new text end terrestrial
invasive species. To the extent possible, the program must provide coordination of efforts
among governmental entities and private organizations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 68.

Minnesota Statutes 2022, section 18H.02, subdivision 2, is amended to read:

Subd. 2.

Agent.

"Agent" means deleted text begin a person deleted text end new text begin an entity new text end who, on behalf of another deleted text begin person deleted text end new text begin
entity new text end , receives on consignment, contracts for, or solicits for sale on commission, a plant
product from a producer new text begin or supplier new text end of the product or negotiates the consignment or purchase
of a plant product on behalf of another deleted text begin person deleted text end new text begin entity new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 69.

Minnesota Statutes 2022, section 18H.02, subdivision 3, is amended to read:

Subd. 3.

Annual.

"Annual" means a plant deleted text begin growing in Minnesota deleted text end with a life cycle of less
than one year new text begin when grown in Minnesota new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 70.

Minnesota Statutes 2022, section 18H.02, subdivision 8, is amended to read:

Subd. 8.

Consignee.

"Consignee" means deleted text begin a person deleted text end new text begin an entity new text end to whom a plant, nursery
stock, horticultural product, or plant product is shipped for handling, planting, sale, resale,
or any other purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 71.

Minnesota Statutes 2022, section 18H.02, subdivision 9, is amended to read:

Subd. 9.

Consignor.

"Consignor" means deleted text begin a person deleted text end new text begin an entity new text end who ships or delivers to a
consignee a plant, nursery stock, horticultural product, or plant product for handling, planting,
sale, resale, or any other purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 72.

Minnesota Statutes 2022, section 18H.02, subdivision 12, is amended to read:

Subd. 12.

Distribute.

"Distribute" means offer for sale, sell, barter, new text begin give away, new text end ship,
deliver for shipment, receive and deliver, offer to deliver, receive on consignment, contract
for, solicit for sale on commission, or negotiate the consignment or purchase in this state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 73.

Minnesota Statutes 2022, section 18H.02, subdivision 12b, is amended to read:

Subd. 12b.

Etiolated growth.

"Etiolated growth" means deleted text begin bleached and unnatural growth
resulting from the exclusion of sunlight deleted text end new text begin plant growth with reduced or no chlorophyll
production due to a lack of sunlight. Etiolated growth is evidenced by pale, yellowish or
white plants and weak, spindly stems new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 74.

Minnesota Statutes 2022, section 18H.02, subdivision 12c, is amended to read:

Subd. 12c.

Individual.

"Individual" means a human being new text begin who is not the sole proprietor
of a registered business selling plants for planting new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 75.

Minnesota Statutes 2022, section 18H.02, subdivision 14, is amended to read:

Subd. 14.

Infested.

"Infested" means a plant deleted text begin has been overrun by deleted text end new text begin that contains an
unacceptable level of new text end plant pests, including weeds, or contains or harbors plant pests in a
quantity that may threaten other plants.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 76.

Minnesota Statutes 2022, section 18H.02, is amended by adding a subdivision to
read:

new text begin Subd. 15a. new text end

new text begin Label. new text end

new text begin "Label" means a legible tag or other signage attached to a specific
plant or plant container that provides the identity of the plant and any other required or
relevant information regarding the plant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 77.

Minnesota Statutes 2022, section 18H.02, is amended by adding a subdivision to
read:

new text begin Subd. 15b. new text end

new text begin Live plant dealer. new text end

new text begin "Live plant dealer" means an entity who:
new text end

new text begin (1) raises, grows, or propagates nursery stock for sale, outdoors or indoors;
new text end

new text begin (2) acquires and further distributes nursery stock, including through landscaping or
distribution with a tree spade; or
new text end

new text begin (3) operates a business in Minnesota selling nursery stock with or without taking
ownership or handling the nursery stock.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 78.

Minnesota Statutes 2022, section 18H.02, subdivision 16, is amended to read:

Subd. 16.

Mark.

"Mark" means an official indicator affixed by the commissioner for
purposes of identification or separation to, on, around, or near plants or plant material known
or suspected to be new text begin infested or new text end infected with a plant pest new text begin or to otherwise distinguish the plants
or plant material from other plants or materials new text end . This includes, but is not limited to, paint,
markers, tags, seals, stickers, tape, ribbons, signs, or placards.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 79.

Minnesota Statutes 2022, section 18H.02, subdivision 18, is amended to read:

Subd. 18.

Nursery certificate.

"Nursery certificate" means a document issued by the
commissioner recognizing that deleted text begin a person deleted text end new text begin an entity new text end is eligible to sell, offer for sale, or distribute
certified nursery stock at a particular location under a specified business name.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 80.

Minnesota Statutes 2022, section 18H.02, subdivision 20, is amended to read:

Subd. 20.

Nursery stock.

"Nursery stock" means a plant intended for planting or
propagation, including, but not limited to, trees, shrubs, vines, perennials, biennials, grafts,
cuttings, and buds that may be sold for propagation, whether cultivated or wild, and all
viable parts of these plants. Nursery stock does not include:

(1) field and forage crops or sod;

(2) seeds;

(3) vegetable plants, bulbs, or tubers;

(4) cut new text begin material such as new text end flowers new text begin or other herbaceous or woody plants new text end , unless stems or
other portions are intended for propagation;

new text begin (5) tropical plants;
new text end

deleted text begin (5) deleted text end new text begin (6) new text end annuals; or

deleted text begin (6) deleted text end new text begin (7) new text end Christmas trees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 81.

Minnesota Statutes 2022, section 18H.02, subdivision 24, is amended to read:

Subd. 24.

Owner.

"Owner" includes, but is not limited to, the deleted text begin person deleted text end new text begin entity new text end with the
legal right of possession, proprietorship of, or responsibility for the property or place where
any of the articles regulated in this chapter are found, or the deleted text begin person deleted text end new text begin entity new text end who is in possession
of, proprietorship of, or has responsibility for the regulated articles.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 82.

Minnesota Statutes 2022, section 18H.02, subdivision 24a, is amended to read:

Subd. 24a.

Packaged new text begin nursery new text end stock.

"Packaged new text begin nursery new text end stock" means bare root nursery
stock packed with the roots in moisture-retaining material encased in plastic film or other
material designed to hold the moisture-retaining material in place.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 83.

Minnesota Statutes 2022, section 18H.02, subdivision 25, is amended to read:

Subd. 25.

deleted text begin Person deleted text end new text begin Entity new text end .

deleted text begin "Person" deleted text end new text begin "Entity" new text end means deleted text begin an individual, deleted text end new text begin a registered business
such as a new text end firm, new text begin a new text end corporation, new text begin a new text end partnership, new text begin an new text end association, new text begin a new text end trust, new text begin a new text end joint stock company,
new text begin an new text end unincorporated organization, new text begin or a sole proprietorship; new text end the state deleted text begin , deleted text end new text begin ; new text end a state agency deleted text begin , deleted text end new text begin ; new text end or a
political subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 84.

Minnesota Statutes 2022, section 18H.02, subdivision 26, is amended to read:

Subd. 26.

Place of origin.

"Place of origin" means the county and state where nursery
stock was most recently certified or grown for at least one deleted text begin full deleted text end growing season.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 85.

Minnesota Statutes 2022, section 18H.02, subdivision 28, is amended to read:

Subd. 28.

Plant pest.

"Plant pest" means deleted text begin a biotic agent that causes or may cause harm
to deleted text end new text begin any organism that the commissioner determines is capable of causing harm to terrestrial
plants, including but not limited to insects, snails, nematodes, fungi, viruses, bacteria,
microorganisms, mycoplasma-like organisms, weeds, and parasitic new text end plants.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 86.

Minnesota Statutes 2022, section 18H.02, subdivision 32, is amended to read:

Subd. 32.

Sales location.

"Sales location" means a fixed location from which certified
nursery stock is deleted text begin displayed or deleted text end distributed new text begin or displayed with the intent to sell new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 87.

Minnesota Statutes 2022, section 18H.02, subdivision 33, is amended to read:

Subd. 33.

Tree spade.

"Tree spade" means a mechanical device or machinery capable
of removing nursery stock, root system, and soil from deleted text begin the deleted text end new text begin a new text end planting deleted text begin in one operation deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 88.

Minnesota Statutes 2022, section 18H.03, subdivision 6, is amended to read:

Subd. 6.

Dissemination of information.

The commissioner may disseminate information
among deleted text begin growers deleted text end new text begin live plant dealers new text end relative to treatment of nursery stock in both prevention
and elimination of attack by plant pests and diseases.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 89.

Minnesota Statutes 2022, section 18H.03, subdivision 6, is amended to read:

Subd. 6.

Dissemination of information.

The commissioner may disseminate information
among growers deleted text begin relative to deleted text end new text begin regarding the new text end treatment of nursery stock deleted text begin in both prevention and
elimination of deleted text end new text begin to prevent or eliminate the new text end attack deleted text begin by deleted text end new text begin of new text end plant pests and diseases.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 90.

Minnesota Statutes 2022, section 18H.04, is amended to read:

18H.04 ADOPTION OF RULES.

The commissioner may adopt rules to carry out the purposes of this chapter. The rules
may include, but are not limited to, rules in regard to labeling and the maintenance of
viability and vigor of nursery stock. deleted text begin Rules of the commissioner that are in effect on July 1,
2003, relating to plant protection, nursery inspection, or the Plant Pest Act remain in effect
until they are superseded by new rules.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 91.

Minnesota Statutes 2022, section 18H.05, is amended to read:

18H.05 NURSERY CERTIFICATE REQUIREMENTS.

(a) No person may offer for sale or distribute certified nursery stock as a deleted text begin nursery stock
grower or deleted text end new text begin live plant new text end dealer without first obtaining the appropriate nursery stock certificate
from the commissioner. The commissioner may not issue a certificate to a person who does
not sell certified nursery stock. Certificates are issued solely for these purposes and may
not be used for other purposes.

(b) A certificate issued by the commissioner expires on December 31 of the year it is
issued.

(c) A person required to be certified by this section must apply for a certificate or for
renewal on a form furnished by the commissioner which must contain:

(1) the name and address of the applicant, the number of locations to be operated by the
applicant and their addresses, and the assumed business name of the applicant;

(2) if other than an individual, a statement whether a person is a partnership, corporation,
or other organization;

(3) the type of business to be operated and, if the applicant is an agent, the principals
the applicant represents; and

(4) source or sources of purchased nursery stock.

(d) No person may:

(1) falsely claim to be a certified new text begin live plant new text end dealer deleted text begin , grower, broker, or agent deleted text end ;

(2) make willful false statements when applying for a certificate; or

(3) sell or distribute certified nursery stock to an uncertified deleted text begin nursery stock deleted text end new text begin live plant
new text end dealer who is required to be certified deleted text begin or nursery stock grower deleted text end .

(e) Each application for a certificate must be accompanied by the appropriate certificate
fee under section 18H.07.

(f) Certificates issued by the commissioner must be prominently displayed to the public
in the place of business where certified nursery stock is sold or distributed.

(g) The commissioner may refuse to issue a certificate for cause.

(h) Each deleted text begin grower or deleted text end new text begin live plant new text end dealer is entitled to one sales location under the certificate
deleted text begin of the grower or dealer deleted text end . Each additional sales location maintained by the person requires
the payment of the full certificate fee for each additional sales outlet.

deleted text begin (i) A grower who is also a dealer is certified only as a grower for that specific site.
deleted text end

deleted text begin (j) deleted text end new text begin (i) new text end A certificate is personal to the applicant and may not be transferred. A new
certificate is necessary if the business entity is changed or if the membership of a partnership
is changed, whether or not the business name is changed.

deleted text begin (k) deleted text end new text begin (j) new text end The certificate issued to a new text begin live plant new text end dealer deleted text begin or grower deleted text end applies to the particular
premises named in the certificate. However, if prior approval is obtained from the
commissioner, the place of business may be moved to the other premises or location without
an additional certificate fee.

deleted text begin (l) deleted text end new text begin (k) new text end A collector of nursery stock from the wild is required to obtain a deleted text begin dealer's deleted text end new text begin live
plant dealer new text end certificate from the commissioner and is subject to all the requirements that
apply to the inspection of nursery stock. All collected nursery stock must be labeled as
"collected from the wild."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 92.

Minnesota Statutes 2022, section 18H.05, is amended to read:

18H.05 NURSERY CERTIFICATE REQUIREMENTS.

(a) No person may offer for sale or distribute certified nursery stock as a nursery stock
grower or dealer without first obtaining the appropriate deleted text begin nursery stock deleted text end certificate from the
commissioner. The commissioner may not issue a certificate to deleted text begin a person deleted text end new text begin an entity new text end who does
not sell certified nursery stock. Certificates are issued solely for these purposes and may
not be used for other purposes.

(b) A certificate issued by the commissioner expires on December 31 of the year it is
issued.

(c) deleted text begin A person deleted text end new text begin An entity new text end required to be certified by this section must apply for a certificate
or for renewal on a form deleted text begin furnished deleted text end new text begin established new text end by the commissioner deleted text begin which deleted text end new text begin that new text end must contain:

(1) the name deleted text begin and deleted text end new text begin , new text end address new text begin , and contact information new text end of the applicant deleted text begin , the number of
locations to be operated by the applicant and their addresses, and deleted text end new text begin ;
new text end

new text begin (2) new text end the assumed business name of the applicant;

deleted text begin (2) if other than an individual, a statement whether a person is a partnership, corporation,
or other organization;
deleted text end

deleted text begin (3) the type of business to be operated and, if the applicant is an agent, the principals
the applicant represents; and
deleted text end

new text begin (3) the address of the sales location;
new text end

new text begin (4) the address or geographical description of any additional location where nursery
stock will be handled, if applicable; and
new text end

deleted text begin (4) deleted text end new text begin (5) the new text end source or sources of purchased nursery stock.

(d) No deleted text begin person deleted text end new text begin entity new text end may:

(1) falsely claim to be a certified dealer, grower, broker, or agent;

(2) make willful false statements when applying for a certificate; or

(3) sell or distribute certified nursery stock to an uncertified nursery stock dealer who
is required to be certified or nursery stock grower.

(e) Each application for a certificate must be accompanied by the appropriate certificate
fee under section 18H.07.

(f) Certificates issued by the commissioner deleted text begin must deleted text end new text begin should new text end be prominently displayed to the
public in the place of business where certified nursery stock is sold or distributed.

(g) The commissioner may refuse to issue a certificate for cause.

(h) Each grower or dealer is entitled to one sales location under the certificate of the
grower or dealer. Each additional sales location maintained by the deleted text begin person deleted text end new text begin entity new text end requires
the payment of the full certificate fee deleted text begin for each additional sales outlet deleted text end .

(i) A grower who is also a dealer is certified only as a grower for that specific site.

(j) A certificate is personal to the applicant and may not be transferred. A new certificate
is necessary if the business entity is changed or if the membership of a partnership is changed,
whether or not the business name is changed.

(k) The certificate issued to a dealer or grower applies to the particular premises named
in the certificate. However, if prior approval is obtained from the commissioner, the place
of business may be moved to the other premises or location without an additional certificate
fee.

(l) A collector of nursery stock from the wild is required to obtain a dealer's certificate
from the commissioner and is subject to all the requirements that apply to the inspection of
nursery stock. All collected nursery stock must be labeled as "collected from the wild."

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 93.

Minnesota Statutes 2022, section 18H.06, subdivision 2, is amended to read:

Subd. 2.

Occasional sales.

(a) An individual may offer nursery stock for sale and be
exempt from the requirement to obtain a nursery stock certificate if:

(1) the gross sales of all nursery stock in a calendar year do not exceed deleted text begin $2,000 deleted text end new text begin $1,000 new text end ;

(2) all nursery stock sold or distributed by the individual is intended for planting in
Minnesota;

(3) all nursery stock deleted text begin purchased or procured for resale or distribution was grown in
Minnesota and has been certified by the commissioner deleted text end new text begin sold or distributed was grown by
the individual in Minnesota new text end ; and

(4) the individual conducts sales or distributions of nursery stock on ten or fewer days
in a calendar year.

deleted text begin (b) A municipality may offer certified nursery stock for sale and be exempt from the
requirement to obtain a nursery stock certificate if:
deleted text end

deleted text begin (1) all nursery stock offered for sale or distributed is intended for planting by residents
of the municipality on public property or public easements within the municipal boundary;
deleted text end

deleted text begin (2) all nursery stock purchased or procured for resale or distribution is grown in
Minnesota and has been certified by the commissioner; and
deleted text end

deleted text begin (3) the municipality submits to the commissioner before any sale or distribution of
nursery stock a list of all suppliers who provide the municipality with nursery stock.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The commissioner may prescribe the conditions of the exempt nursery sales under
this subdivision and may conduct routine inspections of the nursery stock offered for sale.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 94.

Minnesota Statutes 2022, section 18H.07, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Waiver of fees. new text end

new text begin (a) A nonprofit organization or an individual may offer for
sale certified nursery stock and be exempt from the requirement to pay certificate fees if
the nonprofit organization or individual:
new text end

new text begin (1) sells or distributes certified nursery stock on ten or fewer days in a calendar year;
new text end

new text begin (2) uses the proceeds from certified nursery stock sales or distributions for nonprofit
purposes; and
new text end

new text begin (3) obtains a nursery stock certificate.
new text end

new text begin (b) A municipality may offer for sale certified nursery stock and be exempt from the
requirement to pay certificate fees if:
new text end

new text begin (1) all nursery stock offered for sale or distributed is intended for planting by residents
of the municipality on public property or public easements in the municipality;
new text end

new text begin (2) all nursery stock purchased or procured for resale or distribution is grown in
Minnesota and has been certified by the commissioner; and
new text end

new text begin (3) the municipality obtains a live plant dealer certificate.
new text end

new text begin (c) The commissioner may prescribe the conditions of nursery fee waivers and may
conduct routine inspections of nursery stock offered for sale.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 95.

Minnesota Statutes 2022, section 18H.07, is amended by adding a subdivision to
read:

new text begin Subd. 3b. new text end

new text begin New live plant dealer certificate. new text end

new text begin An entity that was not distributing certified
nursery stock for the past two full calendar years is considered a new applicant for the basis
of fee determination. A new live plant dealer must pay the following fees:
new text end

new text begin (1) $50 fee for a live plant dealer certificate that allows for one retail sales location. A
$50 certificate is required for each additional retail sales location; and
new text end

new text begin (2) a live plant dealer growing nursery stock requires an inspection for certification of
that nursery stock prior to sale of the nursery stock and must be assessed an additional
charge of $100 plus $10 per acre up to 200 acres. Acreage to be certified should be rounded
to the nearest one acre. For the basis of fee determination, "growing nursery stock" means
the purchase of seeds, seedlings, or small plants and the cultivation of the plants in fields
or containers in Minnesota for eventual sale, including cutting, splitting, and propagating
plants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 96.

Minnesota Statutes 2022, section 18H.07, is amended by adding a subdivision to
read:

new text begin Subd. 3c. new text end

new text begin Live plant dealer renewal certificate. new text end

new text begin (a) A renewal certificate is for a live
plant dealer that has had a certificate in at least one of the past two full calendar years. A
live plant dealer must pay an annual fee based on the following criteria:
new text end

new text begin (1) a $50 fee for a live plant dealer certificate that allows for one retail sales location.
A $50 certificate is required for each additional retail sales location;
new text end

new text begin (2) a fee of gross annual purchases of certified nursery stock as noted in the table below
with the intent to resell in the same year. These are plants that are watered and maintained
only for the purposes of keeping the plants alive. Gross annual purchases are calculated for
nursery stock purchases from January 1 through December 31 of the most recent certificate
year according to the following table;
new text end

new text begin Purchases new text end		new text begin Fee new text end
new text begin $0 new text end	new text begin to $3,000 new text end	new text begin $0 new text end
new text begin $3,001 new text end	new text begin to $10,000 new text end	new text begin $50 new text end
new text begin $10,001 new text end	new text begin to $20,000 new text end	new text begin $100 new text end
new text begin $20,001 new text end	new text begin to $50,000 new text end	new text begin $225 new text end
new text begin $50,001 new text end	new text begin to $100,000 new text end	new text begin $425 new text end
new text begin $100,001 new text end	new text begin to $150,000 new text end	new text begin $600 new text end
new text begin $150,001 new text end	new text begin to $200,000 new text end	new text begin $750 new text end
new text begin $200,001 new text end	new text begin to $300,000 new text end	new text begin $975 new text end
new text begin $300,001 new text end	new text begin to $400,000 new text end	new text begin $1,200 new text end
new text begin $400,001 new text end	new text begin to $500,000 new text end	new text begin $1,250 new text end
new text begin $500,001 new text end	new text begin to $600,000 new text end	new text begin $1,350 new text end
new text begin $600,001 new text end	new text begin to $700,000 new text end	new text begin $1,400 new text end
new text begin $700,001 new text end	new text begin to $800,000 new text end	new text begin $1,500 new text end
new text begin $800,001 new text end	new text begin to $900,000 new text end	new text begin $1,600 new text end
new text begin $900,001 new text end	new text begin to $1,000,000 new text end	new text begin $1,700 new text end
new text begin $1,000,001 new text end	new text begin to $2,000,000 new text end	new text begin $1,800 new text end
new text begin $2,000,001 new text end	new text begin to $3,000,000 new text end	new text begin $1,900 new text end
new text begin $3,000,001 or more new text end		new text begin .0005 x annual purchases; and new text end

new text begin (3) a live plant dealer growing nursery stock requires an inspection for certification of
that nursery stock prior to sale and must be assessed an additional charge of $100 plus $10
per acre up to 200 acres. Acreage to be certified should be rounded to the nearest one acre.
For the basis of fee determination, "growing nursery stock" is the purchase of seeds,
seedlings, or small plants and the cultivation of plants in fields or containers in Minnesota
for eventual sale, including cutting, splitting, and propagating plants.
new text end

new text begin (b) In addition to the fees in paragraph (a), a penalty of 25 percent of the fee due may
be charged or a portion thereof, if the fee is delinquent or any application for renewal is not
postmarked or electronically date stamped by December 31 of the current year.
new text end

new text begin (c) A live plant dealer operating without a valid certificate must not offer nursery stock
for sale or sell nursery stock until a certificate is issued to the live plant dealer by the
commissioner and the live plant dealer has paid any applicable fees and penalties in full.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 97.

Minnesota Statutes 2022, section 18H.07, subdivision 4, is amended to read:

Subd. 4.

Reinspection; additional or optional inspection fees.

If deleted text begin a reinspection deleted text end new text begin an
irregular inspection new text end is required or an additional inspection is needed or requested new text begin , new text end a fee deleted text begin must deleted text end new text begin
may new text end be assessed based on mileage and inspection time as follows:

(1) mileage must be charged at the current United States Internal Revenue Service
reimbursement rate; and

(2) inspection time must be charged at a rate sufficient to recover all inspection costs,
including the driving time to and from the location in addition to the time spent conducting
the inspection.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 98.

Minnesota Statutes 2022, section 18H.08, subdivision 1, is amended to read:

Subdivision 1.

Services and fees.

The commissioner may make small lot inspections
or perform other necessary services for which another charge is not specified. For these
services new text begin , new text end the commissioner deleted text begin shall deleted text end new text begin may new text end set a fee plus expenses that will recover the cost of
performing this service. The commissioner may set an additional acreage fee for inspection
of seed production fields for exporters in order to meet domestic and foreign plant quarantine
requirements.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 99.

Minnesota Statutes 2022, section 18H.08, subdivision 2, is amended to read:

Subd. 2.

Virus disease-free certification.

The commissioner may provide special
services such as virus disease-free certification and other similar programs. Participation
by deleted text begin nursery stock growers deleted text end new text begin live plant dealers new text end is voluntary. Plants offered for sale as certified
virus-free must be grown according to certain procedures in a manner defined by the
commissioner for the purpose of eliminating viruses and other injurious disease or insect
pests. The commissioner shall collect reasonable fees from participating deleted text begin nursery stock
growers deleted text end new text begin live plant dealers new text end for services and materials that are necessary to conduct this type
of work.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 100.

Minnesota Statutes 2022, section 18H.09, is amended to read:

18H.09 NURSERY STOCK CERTIFICATION REQUIREMENTS.

(a) All nursery stock growing at sites identified by deleted text begin nursery stock dealers or nursery stock
growers deleted text end new text begin live plant dealers new text end and submitted for inspection must be inspected by the
commissioner within the previous 12 months prior to sale and found apparently free from
quarantine and regulated nonquarantine pests as well as significantly dangerous or potentially
damaging plant pests. The commissioner may waive a site inspection under the following
conditions:

(1) the nursery stock is not going to be sold within 12 months;

(2) the nursery stock will not be moved out of Minnesota; and

(3) the nursery site or stock is not subject to certification requirements associated with
a state or federally regulated or quarantined plant pest.

All nursery stock originating from out of state and offered for sale in Minnesota must
have been inspected by the appropriate state or federal agency during the previous 12 months
and found free from quarantine and regulated nonquarantine pests as well as significantly
dangerous or potentially damaging plant pests. A nursery stock certificate is valid from
January 1 to December 31.

(b) Nursery stock must be accessible to the commissioner for inspection during regular
business hours. Weeds or other growth that hinder a proper inspection are grounds to suspend
or withhold a certificate or require a reinspection.

(c) Inspection reports issued to deleted text begin growers deleted text end new text begin live plant dealers new text end must contain a list of the plant
pests found at the time of inspection. Withdrawal-from-distribution orders are considered
part of the inspection reports. A withdrawal-from-distribution order must contain a list of
plants withdrawn from distribution and the location of the plants.

(d) The commissioner may post signs to delineate sections withdrawn from distribution.
These signs must remain in place until the commissioner removes them or grants written
permission to the grower to remove the signs.

(e) Inspection reports issued to new text begin live plant new text end dealers must outline the violations involved
and corrective actions to be taken including withdrawal-from-distribution orders which
would specify nursery stock that could not be distributed from a certain area.

(f) Optional inspections of plants may be conducted by the commissioner upon request
by any persons desiring an inspection. A fee as provided in section 18H.07 must be charged
for such an inspection.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 101.

Minnesota Statutes 2022, section 18H.09, is amended to read:

18H.09 NURSERY STOCK CERTIFICATION REQUIREMENTS.

(a) All nursery stock growing at sites identified by nursery stock dealers or nursery stock
growers and submitted for inspection must be inspected by the commissioner within the
previous 12 months prior to sale and found apparently free from deleted text begin quarantine and regulated
nonquarantine pests as well as significantly dangerous or potentially damaging deleted text end plant pests.
The commissioner may waive a site inspection under the following conditions:

(1) the nursery stock is not going to be sold within 12 months;

(2) the nursery stock will not be moved out of Minnesota; and

(3) the nursery site or stock is not subject to certification requirements associated with
a state or federally regulated or quarantined plant pest.

All nursery stock originating from out of state and offered for sale in Minnesota must
have been inspected by the appropriate state or federal agency during the previous 12 months
and found free from deleted text begin quarantine and regulated nonquarantine pests as well as deleted text end significantly
dangerous or potentially damaging plant pests. A nursery stock certificate is valid from
January 1 to December 31.

(b) Nursery stock must be accessible to the commissioner for inspection during regular
business hours. Weeds or other growth that hinder a proper inspection are grounds to suspend
or withhold a certificate or require a reinspection new text begin for which a fee may be charged new text end .

(c) Inspection reports issued to growers must contain a list of the plant pests found at
the time of inspection. Withdrawal-from-distribution new text begin or other new text end orders are considered part of
the inspection reports. A withdrawal-from-distribution new text begin or other new text end order must contain a list of
plants withdrawn from distribution and the location of the plants.

(d) The commissioner may deleted text begin post signs to delineate deleted text end new text begin mark new text end sections withdrawn from
distribution new text begin or subject to other special circumstances new text end . These deleted text begin signs deleted text end new text begin marks new text end must remain in
place until the commissioner removes deleted text begin them deleted text end new text begin the marks new text end or grants written permission to the
grower to remove the deleted text begin signs deleted text end new text begin marks new text end .

(e) Inspection reports issued to dealers must outline the violations involved and corrective
actions to be taken including withdrawal-from-distribution orders which would specify
nursery stock that could not be distributed from a certain area.

(f) Optional inspections of plants may be conducted by the commissioner upon request
by any deleted text begin persons deleted text end new text begin entity new text end desiring an inspection. A fee as provided in section 18H.07 must be
charged for such an inspection.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 102.

Minnesota Statutes 2022, section 18H.10, is amended to read:

18H.10 STORAGE OF NURSERY STOCK.

(a) All nursery stock must be kept and displayed under conditions of temperature, light,
and moisture sufficient to maintain the viability and vigor of the nursery stock.

(b) Packaged deleted text begin dormant deleted text end nursery stock must be stored under conditions that retard growth,
prevent etiolated growth, and protect its viability.

(c) Balled and burlapped nursery stock being held for sale deleted text begin to the public deleted text end must be kept in
a moisture-holding material approved by the commissioner and not toxic to plants. The
moisture-holding material must adequately cover and protect the ball of earth and must be
kept moist at all times. The commissioner may approve alternative nursery stock management
practices to maintain the viability of balled and burlapped stock.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 103.

Minnesota Statutes 2022, section 18H.12, is amended to read:

18H.12 DAMAGED, DISEASED, INFESTED, OR MISREPRESENTED STOCK.

(a) No deleted text begin person deleted text end new text begin entity new text end may knowingly offer to distribute, advertise, or display nursery
stock that is infested or infected with deleted text begin quarantine or regulated nonquarantine pests or
significant dangerous or potentially damaging deleted text end plant pests deleted text begin , including noxious weeds deleted text end or
nursery stock that is in a dying condition, desiccated, frozen or damaged by freezing, or
materially damaged in any way.

(b) No deleted text begin person deleted text end new text begin entity new text end may knowingly offer to distribute, advertise, or display nursery
stock that may result in the capacity and tendency or effect of deceiving any purchaser or
prospective purchaser as to the quantity, size, grade, kind, species name, age, variety,
maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth
characteristics, rate of growth, time required before flowering or fruiting, price, origin, place
where grown, or any other material respect.

(c) Upon discovery or notification of damaged, diseased, infested, or misrepresented
stock, the commissioner may place a deleted text begin stop-sale deleted text end new text begin stop sale new text end and new text begin a withdrawal from new text end distribution
order on the material. The order makes it an illegal action to distribute, give away, destroy,
alter, or tamper with the plants.

(d) The commissioner may conspicuously mark all plants, materials, and articles known
or suspected to be infected or infested with deleted text begin quarantine or regulated nonquarantine pests or
significant dangerous or potentially damaging deleted text end plant pests. The commissioner shall notify
the persons, owners, or the tenants in possession of the premises or area in question of the
existence of the plant pests.

(e) If the commissioner determines that this chapter has been violated, the commissioner
may order that the nuisance, infestation, infection, or plant pest be abated by whatever means
necessary, including, but not limited to, destruction, confiscation, treatment, return shipment,
or quarantine.

(f) The plant owner is liable for all costs associated with a stop order or a quarantine,
treatment, or destruction of plants. The commissioner is not liable for any actual or incidental
costs incurred by deleted text begin a person deleted text end new text begin an entity new text end due to authorized actions of the commissioner. The
commissioner must be reimbursed by the owner of plants for actual expenses incurred by
the commissioner in carrying out a stop order.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 104.

Minnesota Statutes 2022, section 18H.13, is amended to read:

18H.13 SHIPMENT OF NURSERY STOCK INTO MINNESOTA.

Subdivision 1.

Identification of origin.

Proof of valid nursery certification and origin
of all nursery stock must accompany deleted text begin the deleted text end new text begin any new text end shipment. It is the shared responsibility of
both the consignee and consignor to examine all shipments for the presence of current and
applicable nursery stock certifications for all plant material from all sources of stock in each
shipment.

Subd. 2.

Reciprocity.

deleted text begin A person deleted text end new text begin An entity new text end residing outside the state may distribute nursery
stock in Minnesota if:

(1) the deleted text begin person deleted text end new text begin entity new text end is duly certified under the nursery laws of the state where the nursery
stock originates and the laws of that state are essentially equivalent to the laws of Minnesota
as determined by the commissioner; and

(2) the deleted text begin person deleted text end new text begin entity new text end complies with this chapter and the rules governing nursery stock
distributed in Minnesota.

Subd. 3.

Reciprocal agreements.

The commissioner may cooperate with and enter into
reciprocal agreements with other states regarding licensing and movement of nursery stock.
Reciprocal agreements with other states do not prevent the commissioner from prohibiting
the distribution in Minnesota of any nursery stock that fails to meet minimum criteria for
nursery stock of Minnesota certified growers, dealers, or both. An official directory of
certified nurseries and related nursery industry businesses from other states is acceptable
in lieu of individual nursery certificates.

Subd. 4.

Foreign nursery stock.

deleted text begin A person deleted text end new text begin An entity new text end receiving a shipment of nursery
stock from a foreign country that has not been inspected and released by the United States
Department of Agriculture at the port of entry must notify the commissioner of the arrival
of the shipment, its contents, and the name of the consignor. The deleted text begin person deleted text end new text begin entity new text end must hold
the shipment unopened until inspected or released by the commissioner.

Subd. 5.

Transportation companies.

deleted text begin A person deleted text end new text begin An entity new text end who acts as the representative
of a transportation company, private carrier, commercial shipper, common carrier, express
parcel carrier, or other transportation entity, and receives, ships, or otherwise distributes a
carload, box, container, or any package of plants, plant materials, or nursery stock, that does
not have all required certificates attached as required or fails to immediately notify the
commissioner is in violation of this chapter.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 105.

Minnesota Statutes 2022, section 18H.13, subdivision 3, is amended to read:

Subd. 3.

Reciprocal agreements.

The commissioner may cooperate with and enter into
reciprocal agreements with other states regarding licensing and movement of nursery stock.
Reciprocal agreements with other states do not prevent the commissioner from prohibiting
the distribution in Minnesota of any nursery stock that fails to meet minimum criteria for
nursery stock of Minnesota certified deleted text begin growers, dealers, or both deleted text end new text begin live plant dealers new text end . An official
directory of certified nurseries and related nursery industry businesses from other states is
acceptable in lieu of individual nursery certificates.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 106.

Minnesota Statutes 2022, section 18H.14, is amended to read:

18H.14 LABELING AND ADVERTISING OF NURSERY STOCK.

(a) Plants, plant materials, or nursery stock must not be labeled or advertised with false
or misleading information including, but not limited to, new text begin the new text end scientific name, variety, place
of origin, new text begin and new text end hardiness zone as defined by the United States Department of Agriculture deleted text begin ,
and growth habit deleted text end .

(b) All nonhardy nursery stock as designated by the commissioner must be labeled
correctly for hardiness or be labeled "nonhardy" in Minnesota.

(c) deleted text begin A person deleted text end new text begin An entity new text end may not offer for distribution plants, plant materials, or nursery
stock, represented by some specific or special form of notation, including, but not limited
to, "free from" or "grown free of," unless the plants are produced under a specific program
approved by the commissioner to address the specific plant properties addressed in the
special notation claim.

(d) Nursery stock collected from the wild state must be inspected and certified prior to
sale and at the time of sale must be labeled "Collected from the Wild." The label must remain
on each plant or clump of plants while it is offered for sale and during the distribution
process. The collected stock may be grown in nursery rows at least two years, after which
the plants may be sold without the labeling required by this paragraph.

(e) deleted text begin A person selling at retail or providing to an end user deleted text end new text begin An entity new text end may not label or
advertise an annual plant, bedding plant, or other plant, plant material, or nursery stock as
beneficial to pollinators if the annual plant, bedding plant, plant material, or nursery stock
has:

(1) been treated with a systemic insecticide that:

(i) has a pollinator protection box on the label; or

(ii) has a pollinator, bee, or honey bee precautionary statement in the environmental
hazards section of the insecticide product label; and

(2) a concentration in its flowers new text begin or leaves new text end greater than the deleted text begin no observed adverse effect
level of a systemic insecticide deleted text end new text begin reference value new text end .

The commissioner shall enforce this paragraph as provided in chapter 18J.

(f) For the purposes of paragraph (e):

(1) "systemic insecticide" means an insecticide that is both absorbed by the plant and
translocated through the plant's vascular system; and

(2) deleted text begin "no observed adverse effect level" means the level established by the United States
Environmental Protection Agency for acute oral toxicity for adult honeybees deleted text end new text begin "reference
value" means the most appropriate value determined by the commissioner of agriculture
based on the commissioner's review of pollinator protective reference values published or
approved by the United States Environmental Protection Agency. If a United States
Environmental Protection Agency reference value is not available for a specific systemic
insecticide or is not appropriate for use in Minnesota or for a specific type of plant, plant
material, or nursery stock, the commissioner may consider reference values from other
states, peer-reviewed literature, or other appropriate sources new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 107.

Minnesota Statutes 2022, section 18H.15, is amended to read:

18H.15 VIOLATIONS.

(a) A person who offers to distribute nursery stock that is uncertified, uninspected, or
falsely labeled or advertised possesses an illegal regulated commodity that is considered
infested or infected with harmful plant pests and subject to regulatory action and control.
If the commissioner determines that the provisions of this section have been violated, the
commissioner may order the destruction of all of the plants unless the person:

(1) provides proper phytosanitary preclearance, phytosanitary certification, or nursery
stock certification;

(2) agrees to have the plants, plant materials, or nursery stock returned to the consignor;
and

(3) provides proper documentation, certification, or compliance to support advertising
claims.

(b) The plant owner is liable for all costs associated with a withdrawal-from-distribution
order or the quarantine, treatment, or destruction of plants. The commissioner is not liable
for actual or incidental costs incurred by a person due to the commissioner's actions. The
commissioner must be reimbursed by the owner of the plants for the actual expenses incurred
in carrying out a withdrawal-from-distribution order or the quarantine, treatment, or
destruction of any plants.

(c) It is unlawful for a person to:

(1) misrepresent, falsify, or knowingly distribute, sell, advertise, or display damaged,
mislabeled, misrepresented, infested, or infected nursery stock;

(2) fail to obtain a nursery certificate as required by the commissioner;

(3) fail to renew a nursery certificate, but continue business operations;

(4) fail to display a nursery certificate;

(5) misrepresent or falsify a nursery certificate;

(6) refuse to submit to a nursery inspection;

(7) fail to provide the cooperation necessary to conduct a successful nursery inspection;

(8) offer for sale uncertified plants, plant materials, or nursery stock;

(9) possess an illegal regulated commodity;

(10) violate or disobey a commissioner's order;

(11) violate a quarantine issued by the commissioner;

(12) fail to obtain phytosanitary certification for plant material or nursery stock brought
into Minnesota;

(13) deface, mutilate, or destroy a nursery stock certificate, phytosanitary certificate, or
phytosanitary preclearance certificate, or other commissioner mark, permit, or certificate;

(14) fail to notify the commissioner of an uncertified shipment of plants, plant materials,
or nursery stock;

(15) transport uncertified plants, plant materials, or nursery stock in Minnesota; or

(16) sell nursery stock to an uncertified deleted text begin nursery stock deleted text end new text begin live plant new text end dealer who is required
to be certified.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025.
new text end

Sec. 108.

Minnesota Statutes 2022, section 18H.15, is amended to read:

18H.15 VIOLATIONS.

(a) deleted text begin A person deleted text end new text begin An entity new text end who offers to distribute nursery stock that is uncertified,
uninspected, or falsely labeled or advertised possesses an illegal regulated commodity that
is considered infested or infected with deleted text begin harmful deleted text end plant pests and subject to regulatory action
and control. If the commissioner determines that the provisions of this section have been
violated, the commissioner may order the destruction of all of the plants unless the deleted text begin person deleted text end new text begin
entity new text end :

(1) provides proper phytosanitary preclearance, phytosanitary certification, or nursery
stock certification;

(2) agrees to have the plants, plant materials, or nursery stock returned to the consignor;
and

(3) provides proper documentation, certification, or compliance to support advertising
claims.

(b) The plant owner is liable for all costs associated with a withdrawal-from-distribution
order or the quarantine, treatment, or destruction of plants. The commissioner is not liable
for actual or incidental costs incurred by deleted text begin a person deleted text end new text begin an entity new text end due to the commissioner's actions.
The commissioner must be reimbursed by the owner of the plants for the actual expenses
incurred in carrying out a withdrawal-from-distribution order or the quarantine, treatment,
or destruction of any plants.

(c) It is unlawful for deleted text begin a person deleted text end new text begin an entity new text end to:

(1) misrepresent, falsify, or knowingly distribute, sell, advertise, or display damaged,
mislabeled, misrepresented, infested, or infected nursery stock;

(2) fail to obtain a nursery certificate as required by the commissioner;

(3) fail to renew a nursery certificate, but continue business operations;

deleted text begin (4) fail to display a nursery certificate;
deleted text end

deleted text begin (5) deleted text end new text begin (4) new text end misrepresent or falsify a nursery certificate;

deleted text begin (6) deleted text end new text begin (5) new text end refuse to submit to a nursery inspection;

deleted text begin (7) deleted text end new text begin (6) new text end fail to provide the cooperation necessary to conduct a successful nursery
inspection;

deleted text begin (8) deleted text end new text begin (7) new text end offer for sale uncertified deleted text begin plants, plant materials, or deleted text end nursery stock;

deleted text begin (9) deleted text end new text begin (8) new text end possess an illegal regulated commodity;

deleted text begin (10) deleted text end new text begin (9) new text end violate or disobey a commissioner's order;

deleted text begin (11) deleted text end new text begin (10) new text end violate a quarantine issued by the commissioner;

deleted text begin (12) deleted text end new text begin (11) new text end fail to obtain phytosanitary certification for plant material or nursery stock
brought into Minnesota;

deleted text begin (13) deleted text end new text begin (12) new text end deface, mutilate, or destroy a nursery stock certificate, phytosanitary certificate,
or phytosanitary preclearance certificate, or other commissioner mark, permit, or certificate;

deleted text begin (14) deleted text end new text begin (13) new text end fail to notify the commissioner of an uncertified shipment of deleted text begin plants, plant
materials, or deleted text end nursery stock;

deleted text begin (15) deleted text end new text begin (14) new text end transport uncertified deleted text begin plants, plant materials, or deleted text end nursery stock in Minnesota; or

deleted text begin (16) deleted text end new text begin (15) new text end sell nursery stock to an uncertified nursery stock dealer who is required to be
certified.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 109.

Minnesota Statutes 2022, section 18H.18, is amended to read:

18H.18 CONSERVATION OF CERTAIN WILDFLOWERS.

Subdivision 1.

Restrictions on collecting.

No deleted text begin person deleted text end new text begin entity new text end shall distribute any species
of orchids (Orchidaceae), any gentian (Gentiana), arbutus (Epigaea repens), lilies (Lilium
species), coneflowers (Echinacea species), bloodroot (Sanguinaria canadensis), mayapple
(Podophyllum peltatutum), any species of trillium (Trillium species), or lotus (Nelumbo
lutea), deleted text begin which deleted text end new text begin that new text end have been collected in any manner from any public or private property
without the written permission of the property owner deleted text begin and deleted text end new text begin . Plants listed in this subdivision
that are intended to be offered for sale must have new text end written authorization from the
commissioner.

Subd. 2.

Collection without sale.

Wildflower collection from public or private land for
the purpose of transplanting the plants to deleted text begin a person's deleted text end new text begin an entity's new text end private property and not
offering for immediate sale, requires the written permission from the property owner of the
land on which the wildflowers are growing.

Subd. 3.

Collection with intent to sell or distribute wildflowers.

(a) The wildflowers
listed in this section may be offered for immediate sale only if the plants are to be used for
scientific or herbarium purposes.

(b) The wildflowers listed in this section must not be collected and sold commercially
unless the plants are:

(1) growing naturally, collected, and cultivated on the collector's property; or

(2) collected through the process described in subdivision 2 and transplanted and
cultivated on the collector's property new text begin for at least one growing season before the sale new text end .

(c) The collector must obtain a written permit from the commissioner before the plants
may be offered for commercial sale.

new text begin (d) A wildflower listed under this section that is sold commercially must be individually
labeled with a department permit number.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 110.

Minnesota Statutes 2022, section 18J.08, subdivision 1, is amended to read:

Subdivision 1.

Notice of appeal.

(a) After service of an order, a person has deleted text begin 45 deleted text end new text begin 20 new text end days
from receipt of the order to notify the commissioner in writing that the person intends to
contest the order.

(b) If the person fails to notify the commissioner that the person intends to contest the
order, the order is a final order of the commissioner and not subject to further judicial or
administrative review.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 111.

Minnesota Statutes 2022, section 18K.04, subdivision 1, is amended to read:

Subdivision 1.

Requirement; issuance; presumption.

(a) A person must obtain a license
from the commissioner before (1) growing industrial hemp deleted text begin for commercial or research
purposes deleted text end , deleted text begin and deleted text end (2) deleted text begin before deleted text end processing industrial hemp deleted text begin for commercial purposes deleted text end new text begin , or (3)
researching industrial hemp new text end .

(b) To obtain a license under paragraph (a), a person must apply to the commissioner
in the form prescribed by the commissioner and must pay the annual registration and
inspection fee established by the commissioner in accordance with section 16A.1285,
subdivision 2.

(c) For a license to grow industrial hemp deleted text begin for commercial or research purposes deleted text end , the license
application must include the name and address of the applicant and the legal description of
the land area or areas where industrial hemp will be grown by the applicant and any other
information required under Code of Federal Regulations, title 7, part 990.

(d) For a license to process industrial hemp deleted text begin for commercial purposes deleted text end , the license
application must include the name and address of the applicant, the legal description of the
processing location, and any other information required by the commissioner.

(e) A licensee is responsible for compliance with the license requirements irrespective
of the acts or omissions of an authorized representative acting on behalf of the licensee.

(f) When an applicant has paid the fee and completed the application process to the
satisfaction of the commissioner, the commissioner must issue a license which is valid until
December 31 of the year of application.

(g) A person licensed under paragraph (a) to grow industrial hemp is presumed to be
growing industrial hemp for commercial or research purposes.

Sec. 112.

Minnesota Statutes 2022, section 18K.04, subdivision 2, is amended to read:

Subd. 2.

Background check; data classification.

The commissioner must require each
first-time applicant for a license to submit to a background investigation conducted by the
Bureau of Criminal Apprehension as a condition of licensure. new text begin Any first-time authorized
representatives designated by the applicant must also submit to a background investigation.
new text end As part of the background investigation, the Bureau of Criminal Apprehension must conduct
criminal history checks of Minnesota records and is authorized to exchange fingerprints
with the United States Department of Justice, Federal Bureau of Investigation for the purpose
of a criminal background check of the national files. The cost of the investigation must be
paid by the applicant. Criminal history records provided to the commissioner under this
section must be treated as private data on individuals, as defined in section 13.02, subdivision
12.

Sec. 113.

Minnesota Statutes 2022, section 18K.06, is amended to read:

18K.06 RULEMAKING.

(a) The commissioner shall adopt rules governing the production, testing, processing,
and licensing of industrial hemp. deleted text begin Notwithstanding section 14.125, the commissioner's
authority to adopt these rules expires June 30, 2022. deleted text end new text begin Notwithstanding the two-year limitation
for exempt rules under section 14.388, subdivision 1, Minnesota Rules, chapter 1565,
published in the State Register on August 16, 2021, is effective until August 16, 2025, or
until permanent rules implementing chapter 18K are adopted, whichever occurs first.
new text end

(b) Rules adopted under paragraph (a) must include deleted text begin , deleted text end but not be limited to deleted text begin , deleted text end provisions
governing:

(1) the supervision and inspection of industrial hemp during its growth and harvest;

(2) the testing of industrial hemp to determine delta-9 tetrahydrocannabinol levels;

(3) the use of background check results required under section 18K.04 to approve or
deny a license application; and

(4) any other provision or procedure necessary to carry out the purposes of this chapter.

(c) Rules issued under this section must be consistent with federal law regarding the
production, distribution, and sale of industrial hemp.

Sec. 114.

Minnesota Statutes 2022, section 25.39, subdivision 1, is amended to read:

Subdivision 1.

Amount of fee.

(a) An inspection fee at the rate of 16 cents per ton must
be paid to the commissioner on commercial feeds distributed in this state by the person who
first distributes the commercial feed, except that:

(1) no fee need be paid on any feed ingredient in a customer formula feed that has been
directly furnished by the customer; or

(2) no fee need be paid on a first distribution if made to a qualified buyer who, with
approval from the commissioner, is responsible for the fee. Such license-specific
tonnage-fee-exemption permits shall be issued on a calendar year basis to commercial feed
licensees who distribute feed or feed ingredients outside the state, and who submit a $100
nonrefundable application fee and comply with rules adopted by the commissioner relative
to record keeping, tonnage of commercial feed distributed in Minnesota, total of all
commercial feed tonnage distributed, and all other information which the commissioner
may require so as to ensure that proper inspection fee payment has been made.

(b) In the case of pet food or specialty pet food distributed in the state only in packages
of ten pounds or less, a distributor must register each product deleted text begin and submit a current label for
each product deleted text end annually on forms provided by the commissioner, accompanied by an annual
application fee of $100 for each product in lieu of the inspection fee new text begin , and within five business
days, submit a current label for each product upon the request of the commissioner new text end . This
annual fee must be received by the commissioner on or before June 30 or postmarked on
or before June 30. The inspection fee required by paragraph (a) applies to pet food or
specialty pet food distributed in packages exceeding ten pounds.

(c) The minimum inspection fee is $75 per annual reporting period.

Sec. 115.

Minnesota Statutes 2022, section 25.391, subdivision 2, is amended to read:

Subd. 2.

Direct sales to consumers.

An individual qualifying for the exemption under
subdivision 1 may sell the exempt pet treats to consumers in accordance with section
28A.152 new text begin , except that pet treats may also be delivered by mail or commercial delivery new text end .

Sec. 116.

Minnesota Statutes 2022, section 28A.08, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Food handler license account; appropriation. new text end

new text begin A food handler license account
is established in the agricultural fund. Fees paid under subdivision 3 must be deposited in
this account. Money in the account, including interest, is appropriated to the commissioner
for expenses relating to licensing and inspecting food handlers under chapters 28 to 34A or
rules adopted under one of those chapters.
new text end

Sec. 117.

Minnesota Statutes 2022, section 28A.082, subdivision 1, is amended to read:

Subdivision 1.

Fees; application.

new text begin (a) new text end The fees for review of food handler facility floor
plans under the Minnesota Food Code are based upon the square footage of the structure
being newly constructed, remodeled, or converted. The fees for the review shall be:

	square footage		review fee
	0 - deleted text begin 4,999 deleted text end new text begin 999 new text end .	$	200.00
	new text begin 1,000 - 4,999 new text end .	new text begin $ new text end	new text begin 400.00 new text end
	5,000 - 24,999.	$	deleted text begin 275.00 deleted text end new text begin 800.00 new text end
	25,000 plus.	$	deleted text begin 425.00 deleted text end new text begin 1,000.00 new text end

new text begin (b) new text end The applicant must submit the required fee, review application, plans, equipment
specifications, materials lists, and other required information on forms supplied by the
department at least 30 days prior to commencement of construction, remodeling, or
conversion. The commissioner may waive this fee after determining that the facility's
principal mode of business is not the sale of food and that the facility sells only prepackaged
foods.

new text begin (c) The fee for a remodel of a licensed food establishment by the license holder is based
on the total square footage in paragraph (a) of the remodeled food preparation, service,
display, and storage areas only. This paragraph does not apply to a retail food handler who
is applying for a new license that includes the conversion of an existing building or structure
that was previously licensed as a food establishment.
new text end

Sec. 118.

Minnesota Statutes 2022, section 28A.09, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Vending machine inspection account; appropriation. new text end

new text begin A vending machine
inspection account is established in the agricultural fund. Fees paid under subdivision 1
must be deposited in this account. Money in the account, including interest, is appropriated
to the commissioner for expenses relating to identifying and inspecting food vending
machines under chapters 28 to 34A or rules adopted under one of those chapters.
new text end

Sec. 119.

Minnesota Statutes 2022, section 32D.02, subdivision 2, is amended to read:

Subd. 2.

Power and authority.

For the purpose of enforcing this chapter, the
commissioner and the commissioner's assistants, agents, and employees have the power
and authority granted under new text begin chapter 34A and new text end sections 31.02 to 31.171.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 120.

Minnesota Statutes 2022, section 32D.09, subdivision 2, is amended to read:

Subd. 2.

Permitting.

No person shall operate a dairy plant in this state unless the dairy
plant, equipment, and water supply and plumbing system have been first approved by the
commissioner and a permit issued to operate the same. deleted text begin A permit may be revoked by the
commissioner for due cause pursuant to section 34A.06.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 121.

Minnesota Statutes 2022, section 34A.04, subdivision 1, is amended to read:

Subdivision 1.

Enforcement required.

(a) The commissioner shall enforce this chapter
and chapters 28, 28A, 29, 30, 31, 31A, new text begin 32D, new text end and 34. To carry out the enforcement duties
under these chapters, the commissioner may, upon presenting appropriate credentials, during
regular working hours and at other reasonable times, inspect premises subject to the
commissioner's enforcement and licensing authority; require information from persons with
information relevant to an inspection; and inspect and copy relevant papers and records,
including business records.

(b) The commissioner may administer oaths, take and cause to be taken depositions of
witnesses, and issue subpoenas, and may petition the district court in the county in which
the premises is located to compel compliance with subpoenas or to permit an inspection.

(c) Violations of chapters 28, 28A, 29, 30, 31, 31A, new text begin 32D, new text end and 34, or rules adopted under
chapters 28, 28A, 29, 30, 31, 31A, new text begin 32D, new text end and 34, are a violation of this chapter.

(d) Upon the request of the commissioner, county attorneys, sheriffs, and other officers
having authority in the enforcement of the general criminal laws shall take action to the
extent of their authority necessary or proper for the enforcement of this chapter or standards,
stipulations, and agreements of the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023.
new text end

Sec. 122.

Minnesota Statutes 2022, section 35.02, subdivision 1, is amended to read:

Subdivision 1.

Members; officers.

The board has deleted text begin six deleted text end new text begin seven new text end members appointed by the
governor with the advice and consent of the senate, deleted text begin four deleted text end new text begin three new text end of whom are producers of
livestock in the state deleted text begin and at least one of the four livestock producers deleted text end new text begin ; one of whom new text end is deleted text begin also deleted text end
a member of a federally recognized Tribe located in Minnesota deleted text begin , deleted text end new text begin who is experienced in
animal husbandry; new text end and deleted text begin two deleted text end new text begin three new text end of whom are practicing veterinarians licensed in Minnesota new text begin ,
one of whom specializes in companion animals new text end . new text begin To the extent practicable, the governor's
appointments must achieve gender and geographic balance among the board membership.
new text end The commissioners of agriculture, natural resources, and health, the dean of the College of
Veterinary Medicine, and the director of the Veterinary Diagnostic Laboratory of the
University of Minnesota may serve as consultants to the board without vote. Appointments
to fill unexpired terms must be made from the classes to which the retiring members belong.
The board shall elect a president and a vice-president from among its members and a
veterinarian licensed in Minnesota who is not a member to be its executive director for a
term of one year and until a successor qualifies. The board shall set the duties of the director.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023, and applies to appointments
that occur on or after that date.
new text end

Sec. 123.

Minnesota Statutes 2022, section 35.05, is amended to read:

35.05 AUTHORITY OF STATE BOARD.

(a) The state board may quarantine or kill any domestic animal infected with, or which
has been exposed to, a contagious or infectious dangerous disease if it is necessary to protect
the health of the domestic animals of the state.

(b) The board may regulate or prohibit the arrival in and departure from the state of
infected or exposed animals and, in case of violation of any rule or prohibition, may detain
any animal at its owner's expense. The board may regulate or prohibit the importation of
domestic animals which, in its opinion, may injure the health of Minnesota livestock.

(c) When the governor declares an emergency under section 35.0661, the board, through
its executive director, may assume control of such resources within the University of
Minnesota's Veterinary Diagnostic Laboratory as necessary to effectively address the disease
outbreak. The director of the laboratory and other laboratory personnel must cooperate fully
in performing necessary functions related to the outbreak or threatened outbreak.

(d) The board may test or require tests of any bovine or cervidae in the state when the
board deems it necessary to achieve or maintain bovine tuberculosis accredited free state
or zone status under the regulations and laws administered by the United States Department
of Agriculture.

(e) Notwithstanding section 3.3005, subdivision 2, the board may apply for, receive,
and disburse federal money made available to the state for animal disease response. All
federal money received by the board for this purpose must be deposited in the state treasury
and deleted text begin , except as provided in section 35.156, subdivision 2, deleted text end is appropriated to the board for
the purposes for which it was received. By January 15 each year, the board must report to
the senate Committee on Finance, the house of representatives Committee on Ways and
Means, and the legislative committees with jurisdiction over the board's operating budget
regarding the amount of federal money received and spent in the previous fiscal year under
this paragraph and the board's use of these funds.

Sec. 124.

Minnesota Statutes 2022, section 41A.14, subdivision 2, is amended to read:

Subd. 2.

Advisory panel.

(a) In awarding grants under this section, the commissioner
and a representative of the College of Food, Agricultural and Natural Resource Sciences at
the University of Minnesota must consult with an advisory panel consisting of the following
stakeholders:

(1) a representative of the Minnesota State Colleges and Universities system;

(2) a representative of the Minnesota Farm Bureau;

(3) a representative of the Minnesota Farmers Union;

(4) a person representing agriculture industry statewide;

(5) a representative of each of the state commodity councils organized under section
17.54 and the Minnesota Pork Board;

(6) a person representing an association of primary manufacturers of forest products;

(7) a person representing organic or sustainable agriculture; deleted text begin and
deleted text end

(8) a person representing statewide environment and natural resource conservation
organizations new text begin ; and
new text end

new text begin (9) a person representing the interests of Minnesota Tribal governments as defined in
section 10.65, subdivision 2, paragraph (a), clause (4) new text end .

(b) Members under paragraph (a), clauses (1) to (3) and (5), shall be chosen by their
respective organizations. new text begin The member under paragraph (a), clause (9), may be appointed
by the Minnesota Indian Affairs Council at the council's discretion.
new text end

Sec. 125.

Minnesota Statutes 2022, section 41A.19, is amended to read:

41A.19 REPORT; INCENTIVE PROGRAMS.

By January 15 each year, the commissioner shall report on the incentive programs under
sections 41A.16, 41A.17, 41A.18, new text begin and new text end 41A.20 deleted text begin , and 41A.21 deleted text end to the legislative committees
with jurisdiction over environment and agriculture policy and finance. The report shall
include information on production and incentive expenditures under the programs.

Sec. 126.

Minnesota Statutes 2022, section 223.16, is amended by adding a subdivision
to read:

new text begin Subd. 3c. new text end

new text begin Failure. new text end

new text begin "Failure" means a determination by the commissioner that a grain
buyer or grain warehouse has failed to pay for delivered grain, breached a contract, breached
more than one contract, or failed to redeliver stored grain to a producer.
new text end

Sec. 127.

Minnesota Statutes 2022, section 223.17, subdivision 7, is amended to read:

Subd. 7.

deleted text begin Action on a bond deleted text end new text begin Breach of contract new text end .

A producer claiming to be damaged
by a breach of a contract for the purchase of grain by a deleted text begin licensed deleted text end grain buyer may file a
written claim with the commissioner. The claim must state the facts constituting the claim.
deleted text begin The claim must be filed with the commissioner within 180 days of the breach of the contract. deleted text end
If a claim is valid, the commissioner may immediately suspend the license, in which case
the licensee shall surrender the license to the commissioner. Within 15 days the licensee
may request an administrative hearing subject to chapter 14 to determine whether the license
should be revoked. If no request is made within 15 days, the commissioner shall revoke the
license.

Sec. 128.

Minnesota Statutes 2022, section 223.17, subdivision 7a, is amended to read:

Subd. 7a.

Bond requirements deleted text begin ; claims deleted text end .

For entities licensed under this chapter and
chapter 232, the bond requirements and deleted text begin claims deleted text end new text begin actions new text end against the bond are governed under
section deleted text begin 232.22, subdivision 6a deleted text end new text begin 223.28 new text end .

Sec. 129.

Minnesota Statutes 2022, section 223.175, is amended to read:

223.175 WRITTEN VOLUNTARY EXTENSION OF CREDIT CONTRACTS;
FORM.

A written confirmation required under section 223.177, subdivision 2, and a written
voluntary extension of credit contract must include those items prescribed by the
commissioner by rule. A contract shall include a statement of the legal and financial
responsibilities of grain buyers and sellers established in this chapter. A contract shall also
include the following statement in not less than ten point, all capital type, framed in a box
with space provided for the seller's signature: "THIS CONTRACT CONSTITUTES A
VOLUNTARY EXTENSION OF CREDIT. THIS CONTRACT deleted text begin IS NOT COVERED BY
ANY GRAIN BUYER'S BOND deleted text end new text begin MAY NOT BE COVERED COMPLETELY BY THE
GRAIN INDEMNITY ACCOUNT new text end ." If a written contract is provided at the time the grain
is delivered to the grain buyer, the seller shall sign the contract in the space provided beneath
the statement. A transaction that does not meet the provisions of a voluntary extension of
credit, including the issuance and signing of a voluntary extension of credit contract, is a
cash sale.

Sec. 130.

Minnesota Statutes 2022, section 223.19, is amended to read:

223.19 RULES.

The commissioner may make rules pursuant to chapter 14 to carry out the provisions of
sections 223.15 to deleted text begin 223.23 deleted text end new text begin 223.28 new text end .

Sec. 131.

new text begin [223.24] GRAIN INDEMNITY ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The grain indemnity account is established in the
agricultural fund. The grain indemnity account shall consist of grain indemnity premiums,
money from any other source, and interest.
new text end

new text begin Subd. 2. new text end

new text begin Account; appropriation. new text end

new text begin (a) Money in the grain indemnity account, including
interest, is appropriated to the commissioner to pay valid claims and to administer this
section.
new text end

new text begin (b) The commissioner shall direct payments from the grain indemnity account only for
the following purposes:
new text end

new text begin (1) the payment of valid claims;
new text end

new text begin (2) the payment of grain indemnity premium refunds;
new text end

new text begin (3) the payment of administrative expenses under paragraph (c);
new text end

new text begin (4) the payment of legal fees and legal expenses under subdivision 7; or
new text end

new text begin (5) the payment of a trustee appointed under subdivision 6.
new text end

new text begin (c) The commissioner shall allocate money from the grain indemnity account to a separate
administrative expenses account to pay or reimburse the agency for grain indemnity account
expenses. Administrative expenses under this paragraph include the actual cost of processing
payments and refunds, enforcement, record keeping, ordinary management and investment
fees connected with the operation of the grain indemnity account, and legal expenses.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin A producer is eligible to receive a grain indemnity payment from
the commissioner if the producer sold grain to a grain buyer as defined in this chapter or
stored grain with a public grain warehouse operator under chapter 232 and the producer is
damaged by the grain buyer's or public grain warehouse operator's failure to pay for or
redeliver grain.
new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin (a) A producer asserting eligibility under subdivision 3 must file
a completed claim with the commissioner. The producer must state the facts constituting
the claim and all other information required by the commissioner.
new text end

new text begin (b) Upon receiving a claim, the commissioner must promptly determine the validity of
the claim and notify the claimant of the commissioner's determination.
new text end

new text begin (c) An aggrieved party may appeal the commissioner's determination by requesting,
within 15 days, that the commissioner initiate a contested case proceeding under chapter
14.
new text end

new text begin Subd. 5. new text end

new text begin Payment limitation. new text end

new text begin (a) For each failure as defined by section 223.16,
subdivision 3c, the commissioner must pay the eligible producer:
new text end

new text begin (1) the amount equal to the value of the grain sold on cash sale, grain assigned to
warehouse receipt, or grain assigned to open storage less than 180 days from the deposit;
new text end

new text begin (2) the amount equal to the value of grain sold up to $300,000, or the lesser of $750,000
or 75 percent of the amount owed to the seller for a contract in excess of $300,000 for a
deferred or delayed payment contract for which a price has been established when the
contract originated within 120 days of the breach of contract;
new text end

new text begin (3) the lesser of $750,000 or 75 percent of the amount owed to the seller for a voluntary
extension of credit contract for which no price has been established when the contract
originated within 180 days of the breach of contract;
new text end

new text begin (4) the lesser of $500,000 or 50 percent for an open storage assignment or a voluntary
extension of credit contract when the open storage assignment or contract originated between
181 days and 18 months from the failure; or
new text end

new text begin (5) the lesser of $250,000 or 25 percent for an open storage assignment or a voluntary
extension of credit contract when the open storage assignment or contract originated between
19 months and 36 months from the failure.
new text end

new text begin (b) Claims filed more than 36 months from the failure are not eligible for payment.
new text end

new text begin (c) For the purposes of this subdivision, multiple breaches of contract with a single entity
constitute one failure.
new text end

new text begin (d) If a grain buyer holds both a Minnesota grain buyer license, as defined in chapter
223, and a license with the United States Department of Agriculture (USDA) under the
United States Warehouse Act, a seller may only file a claim with the grain indemnity account
if the seller sold grain as a cash sale or under a voluntary extension of credit contract. The
commissioner must deny any claims for stored grain from a seller that holds both a Minnesota
grain buyer license and a license with the USDA under the United States Warehouse Act.
new text end

new text begin (e) If valid claims exceed the amount of money available in the grain indemnity account,
the commissioner must pay claims to producers in the order that the claims were received.
When additional money becomes available, the commissioner must resume issuing grain
indemnity payments to each eligible producer until each producer receives the maximum
amount payable under paragraph (a).
new text end

new text begin (f) If the grain indemnity account balance is insufficient to pay refunds under section
223.26 and valid claims exist, once money is deposited into the grain indemnity account,
the commissioner must issue pending refunds for grain indemnity premium payments before
issuing payments to claimants.
new text end

new text begin Subd. 6. new text end

new text begin Court order. new text end

new text begin (a) The commissioner may apply to a district court for an order
appointing a trustee or receiver to manage and supervise the operations of a grain buyer or
public grain warehouse operator in default. The commissioner may participate in any
resulting court proceeding as an interested party.
new text end

new text begin (b) The commissioner may recover the cost of the appointed trustee using money
appropriated under subdivision 2.
new text end

new text begin Subd. 7. new text end

new text begin Debt obligation; subrogated claim. new text end

new text begin (a) Money paid by the commissioner to
satisfy a valid claim constitutes a debt obligation of the grain buyer or public grain warehouse
operator in default. The commissioner may take action against the grain buyer or public
grain warehouse operator to recover the amount of any claim payment plus reasonable costs,
attorney fees, and interest computed at the rate provided in section 270C.40. The
commissioner must deposit any amount recovered under this subdivision in the grain
indemnity account.
new text end

new text begin (b) As a condition of payment from the commissioner, a producer must subrogate the
producer's interest in any claims against the grain buyer or public grain warehouse operator,
including any rights to any grain bond claims, to the commissioner in an amount equal to
any claim payment or payments that the producer received under this section. The surety
for any claims against the grain bond must make payments to the grain indemnity account.
new text end

new text begin (c) The commissioner may recover any debt to the grain indemnity account from a
member of the board or management who acted negligently or fraudulently.
new text end

Sec. 132.

new text begin [223.25] GRAIN INDEMNITY PREMIUMS.
new text end

new text begin Subdivision 1. new text end

new text begin Charges. new text end

new text begin (a) Except as provided in subdivision 3, producers of grain
must be charged a grain indemnity premium as determined and published by the
commissioner not to exceed 0.2 percent of the price on all marketed grain that is sold to a
grain buyer as defined in chapter 223.
new text end

new text begin (b) The grain indemnity premiums required under this section are in addition to any
other fees or assessments required by law.
new text end

new text begin Subd. 2. new text end

new text begin Collection and submission of grain indemnity premiums. new text end

new text begin (a) Each producer
must pay to the commissioner a grain indemnity premium of not more than 0.2 percent of
the net proceeds from all grain sold by the producer to a grain buyer purchasing grain in
Minnesota. When a producer sells grain to a grain buyer, the grain buyer must deduct the
grain indemnity premium from the proceeds of the sale and pay the grain indemnity premium
to the commissioner on behalf of the producer.
new text end

new text begin (b) When purchasing grain from a producer, a grain buyer must deduct the grain
indemnity premium described in paragraph (a) from the proceeds of the sale and notify the
producer of the amount of the deduction in writing. The grain buyer must forward the grain
indemnity premium to the commissioner for deposit into the grain indemnity account on
behalf of the producer as described in this subdivision.
new text end

new text begin (c) A grain buyer must clearly indicate the grain indemnity premiums collected under
paragraph (b) in the grain buyer's books and records. A grain buyer must retain books and
records containing the grain indemnity premiums for at least three years. A grain buyer
must make the grain buyer's books and records available for inspection by the commissioner
during regular business hours. The department must take steps reasonably necessary to
verify the accuracy of the grain indemnity premiums as recorded in the grain buyer's books
and records. Any record or portion thereof seized or copied by the commissioner is private
or nonpublic data as provided in section 13.02, except that the commissioner may disclose
data to aid in the law enforcement process.
new text end

new text begin (d) A grain buyer must submit grain indemnity premiums collected under paragraph (a)
to the commissioner for the purpose of financing or contributing to the financing of the
grain indemnity account by:
new text end

new text begin (1) January 31 for grain indemnity premiums collected during the months of July, August,
September, October, November, and December; and
new text end

new text begin (2) July 31 for grain indemnity premiums collected during the months of January,
February, March, April, May, and June.
new text end

new text begin Subd. 3. new text end

new text begin Amount in grain indemnity account; basis for suspension and reinstatement
of grain indemnity premium collection. new text end

new text begin (a) Except as provided in paragraph (b), the grain
indemnity premiums required under this section must be collected until the grain indemnity
account contains more than $15,000,000 as of June 30 of any given year.
new text end

new text begin (b) The commissioner must not require the collection of additional grain indemnity
premiums until the amount in the grain indemnity account drops below $8,000,000. In a
year when the commissioner determines that the grain indemnity account is at or below
$8,000,000, the commissioner may reinstate the collection described in this section. If the
account contains at least $8,000,000, the commissioner may, after holding a public meeting,
suspend premium payments for all producers in the event of economic hardship.
new text end

new text begin (c) The commissioner shall announce the intention to collect the premiums described
in this section by May 1 with collection to begin July 1 until the grain indemnity account
contains at least $15,000,000. The commissioner must notify the public of the commissioner's
intent to reinstate collection of additional grain indemnity premiums through publication
in the State Register and by notifying each licensee of the licensee's obligation to collect
premiums.
new text end

Sec. 133.

new text begin [223.26] GRAIN INDEMNITY OPT OUT.
new text end

new text begin (a) A producer that has paid a grain indemnity premium under section 223.25 may receive
a refund of that premium from the grain indemnity account by submitting a written demand
for a refund to the commissioner, delivered personally or by first-class mail within 12 months
after the producer paid the grain indemnity premium.
new text end

new text begin (b) The commissioner must prepare a distributable flyer explaining how a producer can
opt out of the grain indemnity program and must post the flyer on the Department of
Agriculture website. A licensed business must make the flyers available for anyone visiting
the licensed business.
new text end

new text begin (c) A producer must submit a demand for a refund of a grain indemnity premium under
paragraph (a) on a demand for refund form developed by the commissioner. The
commissioner must make the form available to a licensee, producer, or member of the public
upon request.
new text end

new text begin (d) If a producer is entitled to a refund of a grain indemnity premium under this section,
the commissioner must pay the refund within 90 days of receiving the demand for a refund.
If the grain indemnity account balance is insufficient to pay refunds under this subdivision
and valid claims exist, the commissioner must issue refunds for grain indemnity premium
payments before issuing payments to claimants once money is deposited into the grain
indemnity account.
new text end

new text begin (e) If the commissioner announces grain indemnity premiums as required under section
223.25, subdivision 3, by June 30, the commissioner must send a notice to each producer
who requested a refund of a grain indemnity premium during the previous three fiscal years.
The notice must inform the producer of the deadline for and method of submitting a demand
for a refund to the commissioner under paragraphs (a) and (c) and the method for reentering
the grain indemnity program under paragraph (f).
new text end

new text begin (f) A producer that receives a refund of a grain indemnity premium under paragraph (a)
is not entitled to participate in the grain indemnity program or to receive any payment under
this section unless the producer reenters the grain indemnity program by meeting all of the
following conditions:
new text end

new text begin (1) the producer must submit a request for reentry into the grain indemnity program to
the commissioner. The producer must submit the request on the form required by the
commissioner and must deliver the request to the commissioner;
new text end

new text begin (2) the producer's request must be approved by the commissioner; and
new text end

new text begin (3) the producer must pay into the grain indemnity account all grain indemnity premiums
that were refunded to the producer and interest on the refunds as determined by the
commissioner.
new text end

new text begin (g) A producer that reenters the grain indemnity program under paragraph (f) is eligible
to be reimbursed for claims under the grain indemnity program for any breach of contract
that occurs at least 120 days after reentry.
new text end

new text begin (h) A producer is not eligible for a refund of a grain indemnity premium under this
section if the producer has received payment from the grain indemnity account for a valid
claim within the preceding 36 months.
new text end

Sec. 134.

new text begin [223.27] PENALTIES; ENFORCEMENT ACTION; COSTS AND
EXPENSES.
new text end

new text begin (a) In addition to any other penalty or remedy provided by law, a person who knowingly
or intentionally commits any of the following is subject to civil penalties under section
18J.10:
new text end

new text begin (1) refusing or failing to collect any grain indemnity premiums as required under section
223.25;
new text end

new text begin (2) refusing or failing to pay to the commissioner any grain indemnity premiums collected
under section 223.25;
new text end

new text begin (3) making a false statement, representation, or certification, or knowingly failing to
make a required statement, representation, or certification in a record, report, or other
document required under this chapter or filed with the commissioner; or
new text end

new text begin (4) resisting, preventing, impeding, or interfering with the commissioner in the
performance of the commissioner's duties under this chapter.
new text end

new text begin (b) In addition to the civil penalty described in paragraph (a), the commissioner in an
enforcement action for a violation described in paragraph (a), clause (1) or (2), must order
the grain buyer to pay into the grain indemnity account any grain indemnity premiums
collected by the grain buyer that the grain buyer owes to the grain indemnity account and
may order the grain buyer to pay interest on the amount that the grain buyer owes to the
grain indemnity account.
new text end

Sec. 135.

new text begin [223.28] GRAIN BONDS; NEW LICENSE HOLDERS.
new text end

new text begin (a) Except as provided in paragraph (b), before the commissioner issues a grain buyer
or public grain warehouse operator license, a person who has not been licensed to buy grain
or operate a public grain warehouse in the previous licensing period must file with the
commissioner a grain bond in a penal sum of $100,000. A grain bond must remain in effect
for the first three years of the license.
new text end

new text begin (b) A grain buyer who purchases grain immediately upon delivery solely with cash; a
certified check; a cashier's check; or a postal, bank, or express money order is exempt from
this subdivision if the grain buyer's gross annual purchases are $1,000,000 or less.
new text end

new text begin (c) The commissioner may require a supplemental bond in an amount prescribed by the
commissioner based on the financial statements required in section 223.17, subdivision 6.
new text end

new text begin (d) A grain bond must be on a form provided by the commissioner.
new text end

new text begin (e) A grain bond required under paragraphs (a) and (c) must provide for the payment of
any loss caused by the grain buyer's failure to pay upon the owner's demand, including loss
caused by the grain buyer's failure to pay within the time required. The grain bond must be
conditioned upon the grain buyer being duly licensed.
new text end

new text begin (f) A grain bond required under paragraphs (a) and (c) that is obtained by a public grain
warehouse operator must be conditioned that the public grain warehouse operator issuing
a grain warehouse receipt is liable to the depositor for the delivery of the kind, grade, and
net quantity of grain called for by the receipt. A grain bond must be conditioned upon the
operator being duly licensed.
new text end

new text begin (g) A grain bond must not be cumulative from one licensing period to the next. The
maximum liability of the grain bond must be the grain bond's face value for the licensing
period.
new text end

new text begin (h) A grain bond must be continuous until canceled. To cancel a grain bond, a surety
must provide 90 days' written notice of the grain bond's termination date to the licensee and
the commissioner.
new text end

new text begin (i) Upon the commissioner's determination that a claim is valid, the surety for any claims
against the grain bond must make payments to the grain indemnity account.
new text end

Sec. 136.

Minnesota Statutes 2022, section 232.22, subdivision 5, is amended to read:

Subd. 5.

Statement of grain in storage; reports.

deleted text begin (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, open storage, and grain stored for feed processing that occurred during
the preceding calendar year. This report shall be used for the purpose of establishing the
penal sum of the bond.
deleted text end

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

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

deleted text begin (d) deleted text end new text begin (a) new text end 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.

deleted text begin (e) deleted text end new text begin (b) new text end 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. 137.

Laws 2022, chapter 95, article 2, section 29, subdivision 6, is amended to read:

Subd. 6.

Expiration.

This section expires deleted text begin June 30 deleted text end new text begin December 31 new text end , 2024.

Sec. 138. new text begin REPORTS REQUIRED; PFAS IN PESTICIDES.
new text end

new text begin The commissioner of agriculture must conduct a review of existing published literature
and other available information on the presence of PFAS in pesticides used in Minnesota.
The review must consider the presence of intentionally added PFAS in pesticide active and
inert ingredients; the potential for PFAS that are not intentionally added in pesticides; an
assessment of the use and necessity of pesticides containing PFAS in Minnesota; potential
alternative products; and other considerations necessary to determine the risks of, and need
for, PFAS in pesticide products used in Minnesota. The commissioner must submit an
interim report to the chairs and ranking minority members of the legislative committees
with jurisdiction over agriculture no later than February 1, 2024, and a final report no later
than February 1, 2025.
new text end

Sec. 139. new text begin WOLF-LIVESTOCK CONFLICT-PREVENTION PROGRAM.
new text end

new text begin (a) The commissioner of agriculture may award grants to livestock producers to prevent
wolf-livestock conflicts. Livestock producers located in Minnesota are eligible to apply for
reimbursement for the cost of practices to prevent wolf-livestock conflicts. The commissioner
may establish a cap on the amount of grant money that a recipient is eligible to receive
annually.
new text end

new text begin (b) To be eligible for a grant under this section, a livestock producer must raise livestock
within Minnesota's wolf range or on property determined by the commissioner to be affected
by wolf-livestock conflicts.
new text end

new text begin (c) A grant applicant must document a cost-share of 20 percent for activities covered
by a grant under this program. A grant applicant's cost-share amount may be reduced up to
$2,000 to cover the time and labor costs of wolf-livestock conflict prevention activities.
new text end

new text begin (d) Eligible wolf-livestock conflict-prevention activities include but are not limited to:
new text end

new text begin (1) the purchase of guard animals;
new text end

new text begin (2) payment of veterinary costs for guard animals;
new text end

new text begin (3) the installation of wolf barriers, which may include pens, fladry, and fencing necessary
to protect livestock;
new text end

new text begin (4) the installation of wolf-deterring lights and alarms; and
new text end

new text begin (5) the installation of calving or lambing shelters.
new text end

new text begin (e) Eligible grant recipients must:
new text end

new text begin (1) make a good faith effort to avoid wolf-livestock conflicts;
new text end

new text begin (2) make a good faith effort to care for guard animals paid for under this section;
new text end

new text begin (3) retain proper documentation of expenses;
new text end

new text begin (4) report annually to the commissioner on the effectiveness of the nonlethal methods
employed; and
new text end

new text begin (5) allow follow-up evaluations and monitoring by the commissioner.
new text end

new text begin (f) Grant recipients shall continue to be eligible for depredation payments under
Minnesota Statutes, section 3.737.
new text end

Sec. 140. new text begin WILD RICE RESEARCH REPORT.
new text end

new text begin The commissioner of agriculture must convene a group of stakeholders, including
representatives of Minnesota Tribal governments as defined in Minnesota Statutes, section
10.65; cultivated wild rice producers; the College of Food, Agricultural and Natural Resource
Sciences; and the University of Minnesota, to make recommendations about the future of
the wild rice breeding program. The commissioner must submit a report on the
recommendations to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over agriculture by January 15, 2024.
new text end

Sec. 141. new text begin REPORT REQUIRED; GRAIN ADVISORY GROUP.
new text end

new text begin The commissioner of agriculture must convene members of the Grain Advisory Group
and develop recommendations regarding financial statement and bonding requirements for
licensed grain buyers and public grain warehouse operators to better protect farmers who
sell and store grain in this state. No later than February 1, 2024, the commissioner must
report recommendations to the legislative committees with jurisdiction over agriculture.
Participating stakeholders must be given an opportunity to include written testimony in the
commissioner's report.
new text end

Sec. 142. new text begin REPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Grain buyers and warehouses. new text end

new text begin Minnesota Statutes 2022, sections
223.17, subdivisions 4 and 8; and 232.22, subdivisions 4, 6, 6a, and 7, new text end new text begin are repealed.
new text end

new text begin Subd. 2. new text end

new text begin Financial assistance programs. new text end

new text begin Minnesota Statutes 2022, sections 41A.12,
subdivision 4; and 41A.21, new text end new text begin are repealed.
new text end

new text begin Subd. 3. new text end

new text begin Plants and nurseries. new text end

new text begin Minnesota Statutes 2022, sections 18H.02, subdivisions
21, 22, and 23; and 18H.07, subdivisions 2 and 3, new text end new text begin are repealed.
new text end

new text begin Subd. 4. new text end

new text begin Emerging farmers. new text end

new text begin Minnesota Statutes 2022, section 17.055, subdivision 2, new text end new text begin
is repealed.
new text end

new text begin Subd. 5. new text end

new text begin Federal funds. new text end

new text begin Minnesota Statutes 2022, section 35.156, subdivision 2, new text end new text begin is
repealed.
new text end

new text begin Subd. 6. new text end

new text begin Genetically engineered organisms. new text end

new text begin Minnesota Statutes 2022, sections 18F.02,
subdivisions 2 and 9; and 18F.12, new text end new text begin are repealed.
new text end

new text begin Subd. 7. new text end

new text begin Plant protection and nurseries. new text end

new text begin Minnesota Statutes 2022, sections 18G.02,
subdivisions 12, 17, 21, 25, and 29; 18H.02, subdivisions 10, 12a, 29, 31, 32a, and 34; and
18H.06, subdivision 1, new text end new text begin are repealed.
new text end

new text begin Subd. 8. new text end

new text begin Hemp. new text end

new text begin Minnesota Statutes 2022, sections 18K.05; and 18K.09, new text end new text begin are repealed.
new text end

new text begin Subd. 9. new text end

new text begin Dairy law. new text end

new text begin Minnesota Statutes 2022, sections 17.984; 32D.03, subdivision 5;
32D.24; 32D.25; 32D.26; 32D.27; and 32D.28, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivision 3 is effective January 1, 2025.
new text end

ARTICLE 3

BROADBAND

Section 1. new text begin BROADBAND DEVELOPMENT APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2024 new text end		new text begin 2025 new text end

Sec. 2. new text begin DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT new text end

new text begin $ new text end

new text begin 75,350,000 new text end

new text begin $ new text end

new text begin 50,350,000 new text end

new text begin (a) $350,000 each year is for the Office of
Broadband Development.
new text end

new text begin (b) $75,000,000 the first year and $50,000,000
the second year are for transfer to the
border-to-border broadband fund account
established in Minnesota Statutes, section
116J.396. Of the amount transferred each year,
$20,000,000 is for lower population density
program grants under Minnesota Statutes,
section 116J.3952. This is a onetime
appropriation.
new text end

Sec. 3.

Minnesota Statutes 2022, section 116J.395, subdivision 7, is amended to read:

Subd. 7.

Limitation.

(a) No grant awarded under this section may fund more than 50
percent of the total cost of a project.

(b) Grants awarded to a single project under this section must not exceed deleted text begin $5,000,000 deleted text end new text begin
$10,000,000 new text end .

Sec. 4.

new text begin [116J.3952] LOWER POPULATION DENSITY GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A lower population density grant program is established
in the Department of Employment and Economic Development. The purpose of the lower
population density grant program is to provide broadband service to unserved and
underserved areas of the state where a 50 percent match formula is not adequate to make a
business case for the extension of broadband facilities.
new text end

new text begin Subd. 2. new text end

new text begin Grants. new text end

new text begin Grants awarded under this section may fund up to 75 percent of the
total cost of a project and must otherwise adhere to section 116J.395, subdivisions 1 to 6
and subdivision 7, paragraph (b).
new text end

Sec. 5.

Minnesota Statutes 2022, section 116J.396, subdivision 2, is amended to read:

Subd. 2.

Expenditures.

Money in the account may be used only:

(1) for grant awards made under sections 116J.395 deleted text begin and deleted text end new text begin to new text end deleted text begin 116J.3951 deleted text end new text begin 116J.3952 new text end , including
costs incurred by the Department of Employment and Economic Development to administer
that section;

(2) to supplement revenues raised by bonds sold by local units of government for
broadband infrastructure development; or

(3) to contract for the collection of broadband deployment data from providers and the
creation of maps showing the availability of broadband service.

Sec. 6.

Laws 2022, chapter 95, article 4, section 2, is amended to read:

Sec. 2. LOWER POPULATION DENSITY PILOT PROGRAM.

(a) The commissioner of employment and economic development must establish a pilot
program to provide broadband service to unserved and underserved areas, as defined in
Minnesota Statutes, section 116J.394, of the state where a 50 percent match formula is not
adequate to make a business case for the extension of broadband facilities. Grants awarded
under this section shall adhere to all other requirements of Minnesota Statutes, section
116J.395, subdivisions 1 to 6, and may fund up to 75 percent of the total cost of a project,
notwithstanding Minnesota Statutes section 116J.395, subdivision 7. Grants awarded to a
single project under this section may not exceed $10,000,000.

(b) The commissioner of employment and economic development may use up to
$30,000,000 from the appropriations in sections 3 and 4 for the lower population density
pilot program under paragraph (a).

(c) No later than December 31, 2023, the Office of Broadband Development must submit
a report to the chairs and ranking minority members of the senate and house of representatives
committees with primary jurisdiction over broadband policy and finance analyzing the
impacts of this section on the number and amounts of grants awarded under Minnesota
Statutes, section 116J.395.

new text begin (d) This section expires December 31, 2026. new text end "

Delete the title and insert:

"A bill for an act
relating to state government; establishing a budget for the Department of
Agriculture, the Board of Animal Health, the Agricultural Utilization Research
Institute, and the Office of Broadband Development; making policy and technical
changes to agriculture provisions; making policy and technical changes to
broadband provisions; providing civil penalties; transferring money to the
border-to-border broadband fund account; establishing the grain indemnity account;
transferring money to the grain indemnity account; requiring reports; appropriating
money; amending Minnesota Statutes 2022, sections 17.055, subdivision 1, by
adding subdivisions; 17.1016, subdivision 2; 17.116, subdivision 3; 17.133,
subdivisions 2, 3; 17.457; 17.710; 17.983, subdivision 1; 18.78, subdivision 2;
18B.01, subdivision 2b, by adding subdivisions; 18B.03, subdivision 3, by adding
a subdivision; 18B.051; 18B.055; 18B.065, subdivision 8; 18B.26, by adding
subdivisions; 18B.28, subdivision 3; 18C.005, by adding subdivisions; 18C.111,
subdivision 3, by adding a subdivision; 18C.421, subdivision 1; 18C.425,
subdivision 6; 18D.321, subdivision 1; 18F.01; 18F.02, by adding subdivisions;
18F.07; 18F.13; 18G.02, subdivisions 2, 6, 14, 15, 16, 20, 22, 24, 30, by adding
a subdivision; 18G.03, subdivision 1; 18G.04, subdivision 2; 18G.05; 18G.06,
subdivisions 2, 5; 18G.10, subdivisions 4, 5, 6; 18G.11, subdivision 1; 18G.12,
subdivisions 1, 2; 18H.02, subdivisions 2, 3, 8, 9, 12, 12b, 12c, 14, 16, 18, 20, 24,
24a, 25, 26, 28, 32, 33, by adding subdivisions; 18H.03, subdivision 6; 18H.04;
18H.05; 18H.06, subdivision 2; 18H.07, subdivision 4, by adding subdivisions;
18H.08, subdivisions 1, 2; 18H.09; 18H.10; 18H.12; 18H.13; 18H.14; 18H.15;
18H.18; 18J.08, subdivision 1; 18K.04, subdivisions 1, 2; 18K.06; 25.39,
subdivision 1; 25.391, subdivision 2; 28A.08, by adding a subdivision; 28A.082,
subdivision 1; 28A.09, by adding a subdivision; 32D.02, subdivision 2; 32D.09,
subdivision 2; 34A.04, subdivision 1; 35.02, subdivision 1; 35.05; 41A.14,
subdivision 2; 41A.19; 116J.395, subdivision 7; 116J.396, subdivision 2; 223.16,
by adding a subdivision; 223.17, subdivisions 7, 7a; 223.175; 223.19; 232.22,
subdivision 5; Laws 2022, chapter 95, article 2, section 29, subdivision 6; article
4, section 2; proposing coding for new law in Minnesota Statutes, chapters 17;
18B; 18C; 116J; 223; repealing Minnesota Statutes 2022, sections 17.055,
subdivision 2; 17.984; 18F.02, subdivisions 2, 9; 18F.12; 18G.02, subdivisions
12, 17, 21, 25, 29; 18H.02, subdivisions 10, 12a, 21, 22, 23, 29, 31, 32a, 34; 18H.06,
subdivision 1; 18H.07, subdivisions 2, 3; 18K.05; 18K.09; 32D.03, subdivision
5; 32D.24; 32D.25; 32D.26; 32D.27; 32D.28; 35.156, subdivision 2; 41A.12,
subdivision 4; 41A.21; 223.17, subdivisions 4, 8; 232.22, subdivisions 4, 6, 6a,
7."

We request the adoption of this report and repassage of the bill.
Senate Conferees: .
.		.
Aric Putnam		Robert Kupec
.
Torrey Westrom
House Conferees: .
.		.
Samantha Vang		Kristi Pursell
.
Paul Anderson