Engrossments
Introduction		Posted on 02/22/2012
1st Engrossment		Posted on 03/15/2012
2nd Engrossment		Posted on 03/19/2012

ARTICLE 1

AGRICULTURE POLICY

Section 1.

Minnesota Statutes 2010, section 17.114, subdivision 3, is amended to read:

Subd. 3.

Duties.

deleted text begin (a)deleted text end The commissioner shall:

(1) establish a clearinghouse and provide information, appropriate educational
opportunities and other assistance to individuals, producers, and groups about sustainable
agricultural techniques, practices, and opportunities;

(2) survey producers and support services and organizations to determine
information and research needs in the area of sustainable agricultural practices;

(3) demonstrate the on-farm applicability of sustainable agriculture practices to
conditions in this state;

(4) coordinate the efforts of state agencies regarding activities relating to sustainable
agriculture;

(5) direct the programs of the department so as to work toward the sustainability of
agriculture in this state;

(6) inform agencies of how state or federal programs could utilize and support
sustainable agriculture practices;

(7) work closely with farmers, the University of Minnesota, and other appropriate
organizations to identify opportunities and needs as well as assure coordination and
avoid duplication of state agency efforts regarding research, teaching, and extension
work relating to sustainable agriculture;new text begin and
new text end

(8) work cooperatively with local governments and others to strengthen the
connection between farmers who practice sustainable farming methods and urban, rural,
and suburban consumers, including, but not limited to, promoting local farmers' markets
and community-supported agriculturedeleted text begin ; anddeleted text end new text begin .
new text end

deleted text begin (9) report to the Environmental Quality Board for review and then to the house of
representatives and senate committees with jurisdiction over the environment, natural
resources, and agriculture every even-numbered year.
deleted text end

deleted text begin (b) The report under paragraph (a), clause (9), must include:
deleted text end

deleted text begin (1) the presentation and analysis of findings regarding the current status and trends
regarding the economic condition of producers; the status of soil and water resources
utilized by production agriculture; the magnitude of off-farm inputs used; and the amount
of nonrenewable resources used by Minnesota farmers;
deleted text end

deleted text begin (2) a description of current state or federal programs directed toward sustainable
agriculture including significant results and experiences of those programs;
deleted text end

deleted text begin (3) a description of specific actions the Department of Agriculture is taking in the
area of sustainable agriculture, including, but not limited to, specific actions to strengthen
the connection between sustainable farmers and consumers under paragraph (a), clause (8);
deleted text end

deleted text begin (4) a description of current and future research needs at all levels in the area of
sustainable agriculture; and
deleted text end

deleted text begin (5) suggestions for changes in existing programs or policies or enactment of new
programs or policies that will affect farm profitability, maintain soil and water quality,
reduce input costs, or lessen dependence upon nonrenewable resources.
deleted text end

Sec. 2.

Minnesota Statutes 2010, section 17.114, subdivision 4, is amended to read:

Subd. 4.

Integrated pest management.

(a) The state shall promote and facilitate
the use of integrated pest management through education, technical or financial assistance,
information and research.

(b) The commissioner shall coordinate the development of a state approach to the
promotion and use of integrated pest management, which shall include delineation of
the responsibilities of the state, public postsecondary institutions, Minnesota Extension
Service, local units of government, and the private sector; establishment of information
exchange and integration; procedures for identifying research needs and reviewing and
preparing informational materials; procedures for factoring integrated pest management
into state laws, rules, and uses of pesticides; and identification of barriers to adoption.

deleted text begin (c) The commissioner shall report to the Environmental Quality Board for review
and then to the house of representatives and senate committees with jurisdiction over the
environment, natural resources, and agriculture every even-numbered year. The report
shall be combined with the report required in subdivision 3.
deleted text end

Sec. 3.

Minnesota Statutes 2010, section 18B.065, subdivision 2a, is amended to read:

Subd. 2a.

Disposal site requirement.

(a) For agricultural waste pesticides, the
commissioner must designate a place in each county of the state that is available at least
every other year for persons to dispose of unused portions of agricultural pesticides. The
commissioner shall consult with the person responsible for solid waste management
and disposal in each county to determine an appropriate location and to advertise each
collection event. The commissioner may provide a collection opportunity in a county
more frequently if the commissioner determines that a collection is warranted.

(b) For nonagricultural waste pesticides, the commissioner must provide a disposal
opportunity each year in each countynew text begin or enter into a contract with a group of counties
under a joint powers agreement or contract for household hazardous waste disposalnew text end .

(c) As provided under subdivision 7, the commissioner may enter into cooperative
agreements with local units of government to provide the collections required under
paragraph (a) or (b) and shall provide a local unit of government, as part of the cooperative
agreement, with funding for reasonable costs incurred including, but not limited to, related
supplies, transportation, advertising, and disposal costs as well as reasonable overhead
costs.

(d) A person who collects waste pesticide under this section shall, on a form
provided or in a method approved by the commissioner, record information on each
waste pesticide product collected including, but not limited to, the quantity collected
and either the product name and its active ingredient or ingredients or the United States
Environmental Protection Agency registration number. The person must submit this
information to the commissioner at least annually by January 30.

Sec. 4.

Minnesota Statutes 2010, section 18B.065, is amended by adding a subdivision
to read:

new text begin Subd. 10. new text end

new text begin Indemnification. new text end

new text begin (a) A local unit of government, when operating or
participating in a waste pesticide collection program pursuant to a cooperative agreement
with the commissioner under this section, is an employee of the state, certified to be
acting within the scope of employment, for purposes of the indemnification provisions of
section 3.736, subdivision 9, for claims that arise out of the transportation, management,
or disposal of any waste pesticide covered by the agreement:
new text end

new text begin (1) from and after the time the waste permanently leaves the local unit of
government's possession and comes into the possession of the state's authorized
transporter; and
new text end

new text begin (2) during the time the waste is transported between the local unit of government
facilities by the state's authorized transporter.
new text end

new text begin (b) The state is not obligated to defend or indemnify a local unit of government under
this subdivision to the extent of the local unit of government's liability insurance. The
local unit of government's right to indemnify is not a waiver of the limitation, defenses,
and immunities available to either the local unit of government or the state by law.
new text end

Sec. 5.

Minnesota Statutes 2010, section 18B.316, subdivision 6, is amended to read:

Subd. 6.

Agricultural pesticide sales invoices.

new text begin (a) new text end Sales invoices for agricultural
pesticides sold in or into this state by a licensed agricultural pesticide dealer or a pesticide
dealer under this section must show the percent of gross sales fee rate assessed and the
gross sales fee paid under section 18B.26, subdivision 3, paragraph (c).

new text begin (b) A licensed agricultural pesticide dealer or a pesticide dealer may request an
exemption from paragraph (a). The request for exemption must be in writing to the
commissioner and must include verifiable information to justify that compliance with
paragraph (a) is an extreme business hardship for the licensed agricultural pesticide dealer
or pesticide dealer. The commissioner may approve or reject a request for exemption
based upon review of the submitted information. An approved exemption under this
paragraph is valid for one calendar year. The commissioner must maintain a list of those
licensed agricultural pesticide dealers or pesticide dealers that have been granted an
exemption on the department's Web site.
new text end

new text begin (c) A licensed agricultural pesticide dealer or a pesticide dealer issued an exemption
under paragraph (b) must include the following statement on each sales invoice for any
sale of an agricultural pesticide: "Minnesota Department of Agriculture Annual Gross
Sales Fees of 0.55% have been Assessed and Paid on the Sale of an Agricultural Pesticide."
new text end

new text begin (d) new text end Only the person who actually will pay the gross sales fee may show the rate or
the amount of the fee as a line item on the sales invoice.

Sec. 6.

Minnesota Statutes 2010, section 18G.02, subdivision 14, is amended to read:

Subd. 14.

Infested.

"Infested" means a plant has been overrun by plant pests,
including weedsnew text begin , or contains or harbors plant pests in a quantity that may threaten other
plantsnew text end .

Sec. 7.

Minnesota Statutes 2010, section 18G.07, subdivision 1, is amended to read:

Subdivision 1.

Creation of registry.

(a) The commissioner shall maintain a list of
all personsnew text begin , businesses,new text end and companies that new text begin employ persons who new text end provide tree care or tree
trimming services in Minnesota. All new text begin commercial new text end tree care providers, tree trimmers, and
deleted text begin persons whodeleted text end new text begin employers that direct employees to new text end remove trees, limbs, branches, brush, or
shrubs for hire must be registered deleted text begin bydeleted text end new text begin withnew text end the commissioner.

(b) Persons or companies who are required to be registered under paragraph (a) must
register annually by providing the following to the commissioner:

(1) accurate and up-to-date business name, address, and telephone number;

(2) a complete list of all Minnesota counties in which they work; and

(3) a nonrefundable fee of $25 for initial application or renewing the registration.

(c) All persons and companies required to be registered under paragraph (a) must
register before conducting the activities specified in paragraph (a). Annual registration
expires December 31, must be renewed annually, and the renewal fee remitted by January
deleted text begin 7deleted text end new text begin 1new text end of the year for which it is issued. In addition, a penalty of ten percent of the renewal fee
due must be charged for each month, or portion of a month, that the fee is delinquent up to
a maximum of 30 percent for any application for renewal postmarked after December 31.

Sec. 8.

Minnesota Statutes 2010, section 18G.10, subdivision 7, is amended to read:

Subd. 7.

Supplemental, additional, or other certificates and permits.

(a) The
commissioner may provide inspection, sampling, or certification services to ensure
that Minnesota new text begin plant treatment processes, new text end plant productsnew text begin ,new text end or commodities meet import
requirements of other states or countries.

(b) The state plant regulatory official may issue permits and certificates verifying that
various Minnesota agricultural new text begin plant treatment processes, new text end productsnew text begin ,new text end or commodities meet
specified plant health requirements, treatment requirements, or pest absence assurances
based on determinations by the commissioner.

Sec. 9.

Minnesota Statutes 2010, section 18G.10, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Misuse of a certificate or permit. new text end

new text begin (a) Certificates and permits may not be
altered, counterfeited, obtained, or used improperly, for any plant product.
new text end

new text begin (b) Certificates and permits are not transferable to another location or another person.
new text end

Sec. 10.

Minnesota Statutes 2010, section 18H.02, subdivision 14, is amended to read:

Subd. 14.

Infested.

"Infested" means a plant has been overrun by plant pests,
including weedsnew text begin , or contains or harbors plant pests in a quantity that may threaten other
plantsnew text end .

Sec. 11.

Minnesota Statutes 2010, section 18H.02, is amended by adding a subdivision
to read:

new text begin Subd. 16a. new text end

new text begin Nonhardy. new text end

new text begin "Nonhardy" means a plant that cannot be expected to
survive or reliably produce flowers and fruit in average minimum winter temperatures
at the growing site as determined by the commissioner based upon independent field
trials and industry input represented by the United States Department of Agriculture
Plant Hardiness Zone designations.
new text end

Sec. 12.

Minnesota Statutes 2010, section 18H.10, is amended to read:

18H.10 STORAGE OF NURSERY STOCK.

new text begin (a) new text end 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.

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

new text begin (c) Balled and burlapped nursery stock being held for sale to the public 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.
new text end

Sec. 13.

Minnesota Statutes 2010, 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, scientific name, variety,
place of origin, hardiness zone as defined by the United States Department of Agriculture,
and growth habit.

new text begin (b) All nonhardy nursery stock as designated by the commissioner must be labeled
"nonhardy" in Minnesota.
new text end

deleted text begin (b)deleted text end new text begin (c)new text end A person 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.

new text begin (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.
new text end

Sec. 14.

Minnesota Statutes 2010, section 18J.01, is amended to read:

18J.01 DEFINITIONS.

(a) The definitions in sections 18G.02 deleted text begin anddeleted text end new text begin ,new text end 18H.02new text begin , 27.01, 223.16, 231.01, and
232.21new text end apply to this chapter.

(b) For purposes of this chapter, "associated rules" means rules adopted under this
chapter, chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223, 231, or 232,new text end or sections 21.80 to 21.92.

Sec. 15.

Minnesota Statutes 2010, section 18J.02, is amended to read:

18J.02 DUTIES OF COMMISSIONER.

The commissioner shall administer and enforce this chapter, chapters 18G deleted text begin anddeleted text end new text begin ,new text end 18H,
new text begin 27, 223, 231, and 232; new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end and associated rules.

Sec. 16.

Minnesota Statutes 2010, section 18J.03, is amended to read:

18J.03 CIVIL LIABILITY.

A person regulated by this chapter, chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H, new text begin 27, 223, 231, or 232,
new text end or sections 21.80 to 21.92, is civilly liable for any violation of one of those statutes or
associated rules by the person's employee or agent.

Sec. 17.

Minnesota Statutes 2010, section 18J.04, subdivision 1, is amended to read:

Subdivision 1.

Access and entry.

The commissioner, upon presentation of official
department credentials, must be granted immediate access at reasonable times to sites
where a person manufactures, distributes, uses, handles, disposes of, stores, or transports
seeds, plants, new text begin grain, household goods, general merchandise, produce, new text end or other living or
nonliving products or other objects regulated under chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H, new text begin 27, 223, 231, or
232; new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules.

Sec. 18.

Minnesota Statutes 2010, section 18J.04, subdivision 2, is amended to read:

Subd. 2.

Purpose of entry.

(a) The commissioner may enter sites for:

(1) inspection of inventory and equipment for the manufacture, storage, handling,
distribution, disposal, or any other process regulated under chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223,
231, or 232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules;

(2) sampling of sites, seeds, plants, products, new text begin grain, household goods, general
merchandise, produce, new text end or other living or nonliving objects that are manufactured, stored,
distributed, handled, or disposed of at those sites and regulated under chapter 18G deleted text begin ordeleted text end new text begin ,new text end
18H,new text begin 27, 223, 231, or 232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules;

(3) inspection of records related to the manufacture, distribution, storage, handling,
or disposal of seeds, plants, products, new text begin grain, household goods, general merchandise,
produce, new text end or other living or nonliving objects regulated under chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27,
223, 231, or 232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules;

(4) investigating compliance with chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223, 231, or 232;new text end
sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules; or

(5) other purposes necessary to implement chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223, 231, or
232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules.

(b) The commissioner may enter any public or private premises during or after
regular business hours without notice of inspection when a suspected violation of chapter
18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223, 231, or 232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules may
threaten public health or the environment.

Sec. 19.

Minnesota Statutes 2010, section 18J.04, subdivision 3, is amended to read:

Subd. 3.

Notice of inspection samples and analyses.

(a) The commissioner shall
provide the owner, operator, or agent in charge with a receipt describing any samples
obtained. If requested, the commissioner shall split any samples obtained and provide
them to the owner, operator, or agent in charge. If an analysis is made of the samples,
a copy of the results of the analysis must be furnished to the owner, operator, or agent
in charge within 30 days after an analysis has been performed. If an analysis is not
performed, the commissioner must notify the owner, operator, or agent in charge within 30
days of the decision not to perform the analysis.

(b) The sampling and analysis must be done according to methods provided for
under applicable provisions of chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223, 231, or 232;new text end sections 21.80
to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules. In cases not covered by those sections and methods or in
cases where methods are available in which improved applicability has been demonstrated
the commissioner may adopt appropriate methods from other sources.

Sec. 20.

Minnesota Statutes 2010, section 18J.04, subdivision 4, is amended to read:

Subd. 4.

Inspection requests by others.

(a) A person who believes that a violation
of chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223, 231, or 232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated
rules has occurred may request an inspection by giving notice to the commissioner of the
violation. The notice must be in writing, state with reasonable particularity the grounds
for the notice, and be signed by the person making the request.

(b) If after receiving a notice of violation the commissioner reasonably believes that
a violation has occurred, the commissioner shall make a special inspection in accordance
with the provisions of this section as soon as practicable, to determine if a violation has
occurred.

(c) An inspection conducted pursuant to a notice under this subdivision may cover
an entire site and is not limited to the portion of the site specified in the notice. If the
commissioner determines that reasonable grounds to believe that a violation occurred
do not exist, the commissioner must notify the person making the request in writing of
the determination.

Sec. 21.

Minnesota Statutes 2010, section 18J.05, subdivision 1, is amended to read:

Subdivision 1.

Enforcement required.

(a) A violation of chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27,
223, 231, or 232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or an associated rule is a violation of this
chapter.

(b) Upon the request of the commissioner, county attorneys, sheriffs, and other
officers having authority in the enforcement of the general criminal laws must take action
to the extent of their authority necessary or proper for the enforcement of chapter 18G deleted text begin ordeleted text end new text begin ,new text end
18H,new text begin 27, 223, 231, or 232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules or valid orders,
standards, stipulations, and agreements of the commissioner.

Sec. 22.

Minnesota Statutes 2010, section 18J.05, subdivision 2, is amended to read:

Subd. 2.

Commissioner's discretion.

If minor violations of chapter 18G deleted text begin ordeleted text end new text begin ,new text end
18H,new text begin 27, 223, 231, or 232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules occur or the
commissioner believes the public interest will be best served by a suitable notice of
warning in writing, this section does not require the commissioner to:

(1) report the violation for prosecution;

(2) institute seizure proceedings; or

(3) issue a withdrawal from distribution, stop-sale, or other order.

Sec. 23.

Minnesota Statutes 2010, section 18J.05, subdivision 6, is amended to read:

Subd. 6.

Agent for service of process.

All persons licensed, permitted, registered,
or certified under chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223, 231, or 232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or
associated rules must appoint the commissioner as the agent upon whom all legal process
may be served and service upon the commissioner is deemed to be service on the licensee,
permittee, registrant, or certified person.

Sec. 24.

Minnesota Statutes 2010, section 18J.06, is amended to read:

18J.06 FALSE STATEMENT OR RECORD.

A person must not knowingly make or offer a false statement, record, or other
information as part of:

(1) an application for registration, license, certification, or permit under chapter 18G
deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223, 231, or 232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules;

(2) records or reports required under chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223, 231, or 232;new text end
sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules; or

(3) an investigation of a violation of chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223, 231, or 232;new text end
sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules.

Sec. 25.

Minnesota Statutes 2010, section 18J.07, subdivision 3, is amended to read:

Subd. 3.

Cancellation of registration, permit, license, certification.

The
commissioner may cancel or revoke a registration, permit, license, or certification
provided for under chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223, 231, or 232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end
or associated rules or refuse to register, permit, license, or certify under provisions of
chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223, 231, or 232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules
if the registrant, permittee, licensee, or certified person has used fraudulent or deceptive
practices in the evasion or attempted evasion of a provision of chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27,
223, 231, or 232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules.

Sec. 26.

Minnesota Statutes 2010, section 18J.07, subdivision 4, is amended to read:

Subd. 4.

Service of order or notice.

(a) If a person is not available for service of an
order, the commissioner may attach the order to the facility, site, seed or seed container,
plant or other living or nonliving object regulated under chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223,
231, or 232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules and notify the owner, custodian,
other responsible party, or registrant.

(b) The seed, seed container, plant, or other living or nonliving object regulated
under chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223, 231, or 232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated
rules may not be sold, used, tampered with, or removed until released under conditions
specified by the commissioner, by an administrative law judge, or by a court.

Sec. 27.

Minnesota Statutes 2010, section 18J.07, subdivision 5, is amended to read:

Subd. 5.

Unsatisfied judgments.

(a) An applicant for a license, permit, registration,
or certification under provisions of this chapter, chapter 18G deleted text begin ordeleted text end new text begin ,new text end 18H,new text begin 27, 223, 231, or
232;new text end sections 21.80 to 21.92deleted text begin ,deleted text end new text begin ;new text end or associated rules may not allow a final judgment against
the applicant for damages arising from a violation of those statutes or rules to remain
unsatisfied for a period of more than 30 days.

(b) Failure to satisfy, within 30 days, a final judgment resulting from a violation
of this chapter results in automatic suspension of the license, permit, registration, or
certification.

Sec. 28.

Minnesota Statutes 2010, section 21.82, subdivision 7, is amended to read:

Subd. 7.

Vegetable seeds.

For vegetable seeds prepared for use in home gardens
or household plantings the requirements in paragraphs (a) to (p) apply. Vegetable seeds
packed for sale in commercial quantities to farmers, conservation groups, and other similar
entities are considered agricultural seeds and must be labeled accordingly.

(a) The label must contain the name of the kind or kind and variety for each seed
component in excess of five percent of the whole and the percentage by weight of each
in order of its predominance. If the variety of those kinds generally labeled as to variety
is not stated and it is not required to be stated, the label must show the name of the kind
and the words "variety not stated."

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

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

(e) The label must show a lot number or other lot identification.

(f) The origin may be omitted from the label.

(g) The label must show the year for which the seed was packed for sale listed as
"packed for (year)" for seed with a percentage of germination that exceeds the standard last
established by the commissioner, the percentage of germination and the calendar month
and year that the percentages were determined by test, or the calendar month and year the
germination test was completed and the statement "sell by (month and year listed here),"
which may be no more than 12 months from the date of test, exclusive of the month of test.

(h) For vegetable seeds which germinate less than the standard last established by
the commissioner, the label must show:

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

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

(3) the words "below standard" in not less than eight point type and the month and
year the percentages were determined by test.

(i) The net weight of the contentsnew text begin or a statement indicating the number of seeds in
the container or both,new text end must appear on either the container or the labeldeleted text begin , except that for
containers with contents of 200 seeds or less a statement indicating the number of seeds in
the container may be listed along with or in lieu of the net weight of contentsdeleted text end .

(j) The heading for and percentage by weight of pure seed may be omitted from a
label if the total is more than 90 percent.

(k) The heading for and percentage by weight of weed seed may be omitted from a
label if they are not present in the seed.

(l) The heading "noxious weed seeds" may be omitted from a label if they are not
present in the seed.

(m) The heading for and percentage by weight of other crop seed may be omitted
from a label if it is less than five percent.

(n) The heading for and percentage by weight of inert matter may be omitted from a
label if it is less than ten percent.

(o) The label must contain the name and address of the person who labeled the
seed or who sells the seed in this state or a code number that has been registered with
the commissioner.

(p) The labeling requirements for vegetable seeds prepared for use in home gardens
or household plantings when sold outside their original containers are met if the seed is
weighed from a properly labeled container in the presence of the purchaser.

Sec. 29.

Minnesota Statutes 2010, section 21.82, subdivision 8, is amended to read:

Subd. 8.

Flower seeds.

For flower and wildflower seeds prepared for use in home
gardens or household plantings, the requirements in paragraphs (a) to (l) apply. Flower
and wildflower seeds packed for sale in commercial quantities to farmers, conservation
groups, and other similar entities are considered agricultural seeds and must be labeled
accordingly.

(a) The label must contain the name of the kind and variety or a statement of type
and performance characteristics as prescribed by rule.

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

(e) The label must contain the lot number or other lot identification.

(f) The origin may be omitted from the label.

(g) The label must contain the year for which the seed was packed for sale listed as
"packed for (year)" for seed with a percentage of germination that exceeds the standard last
established by the commissioner, the percentage of germination and the calendar month
and year that the percentages were determined by test, or the calendar month and year the
germination test was completed and the statement "sell by (month and year listed here),"
which may be no more than 12 months from the date of test, exclusive of the month of test.

(h) For flower seeds which germinate less than the standard last established by
the commissioner, the label must show:

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

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

(3) the words "below standard" in not less than eight point type and the month and
year this percentage was determined by test.

(i) The label must show the net weight of contents new text begin or a statement indicating the
number of seeds in the container, or both, new text end on either the container or the labeldeleted text begin , except that
for containers with contents of 200 seeds or less a statement indicating the number of
seeds in the container may be listed along with or in lieu of the net weight of contentsdeleted text end .

(j) The heading for and percentage by weight of pure seed may be omitted from a
label if the total is more than 90 percent.

(k) The heading for and percentage by weight of weed seed may be omitted from a
label if they are not present in the seed.

(l) The heading "noxious weed seeds" may be omitted from a label if they are not
present in the seed.

(m) The heading for and percentage by weight of other crop seed may be omitted
from a label if it is less than five percent.

(n) The heading for and percentage by weight of inert matter may be omitted from a
label if it is less than ten percent.

(o) The label must show the name and address of the person who labeled the seed
or who sells the seed within this state, or a code number which has been registered with
the commissioner.

Sec. 30.

Minnesota Statutes 2010, section 25.33, subdivision 5, is amended to read:

Subd. 5.

Commercial feed.

"Commercial feed" means materials or combinations
of materials that are distributed or intended to be distributed for use as feed or for
mixing in feed, including feed for aquatic animals, unless the materials are specifically
exempted. Unmixed whole seeds and physically altered entire unmixed seeds, if the
whole or physically altered seeds are not chemically changed or are not adulterated
within the meaning of section 25.37, paragraph (a), are exempt. The commissioner by
rule may exempt from this definition, or from specific provisions of sections 25.31 to
25.43, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual
chemical compounds or substances if those commodities, compounds, or substances
are not intermixed with other materials, and are not adulterated within the meaning of
section 25.37, paragraph (a).new text begin Commercial feed does not include feed produced and used
by a distributor.
new text end

Sec. 31.

Minnesota Statutes 2010, section 31.13, is amended to read:

31.13 ANALYSIS; EVIDENCE.

It shall be the duty of the deleted text begin chief chemist and assistantsdeleted text end new text begin laboratory director, managers,
and analysts new text end to make analyses and examinations of such articles as shall be furnished
to them by the commissioner, for the purpose of determining from such examination
whether such articles are adulterated, misbranded, insufficiently labeled, unwholesome,
poisonous, or deleterious and whether such articles have been manufactured, used, sold,
transported, offered for use, sale, or transportation, or had in possession with intent to use,
sell, or transport in violation of any law now or hereafter enacted relating to food, or of
any definition, standard, rule, or ruling made and published thereunder, and to certify the
result of such analysis and examination to the commissioner. A copy of the result of the
examination or analysis of any such article, duly authenticated, by the deleted text begin chemistdeleted text end new text begin analyst
new text end making such deleted text begin analysisdeleted text end new text begin determinations new text end or examination, under oath of such deleted text begin chemistdeleted text end new text begin analystnew text end ,
shall be prima facie evidence in all courts of the matters and facts therein contained.

Sec. 32.

Minnesota Statutes 2010, section 31.94, is amended to read:

31.94 COMMISSIONER DUTIES.

(a) In order to promote opportunities for organic agriculture in Minnesota, the
commissioner shall:

(1) survey producers and support services and organizations to determine
information and research needs in the area of organic agriculture practices;

(2) work with the University of Minnesota to demonstrate the on-farm applicability
of organic agriculture practices to conditions in this state;

(3) direct the programs of the department so as to work toward the promotion of
organic agriculture in this state;

(4) inform agencies of how state or federal programs could utilize and support
organic agriculture practices; and

(5) work closely with producers, the University of Minnesota, the Minnesota Trade
Office, and other appropriate organizations to identify opportunities and needs as well
as ensure coordination and avoid duplication of state agency efforts regarding research,
teaching, marketing, and extension work relating to organic agriculture.

(b) By November 15 of each deleted text begin even-numbereddeleted text end year new text begin that ends in a zero or a five, new text end the
commissioner, in conjunction with the task force created in paragraph (c), shall report
on the status of organic agriculture in Minnesota to the legislative policy and finance
committees and divisions with jurisdiction over agriculture. The report must includedeleted text begin :deleted text end new text begin
available data on organic acreage and production, available data on the sales or market
performance of organic products, and recommendations regarding programs, policies, and
research efforts that will benefit Minnesota's organic agriculture sector.
new text end

deleted text begin (1) a description of current state or federal programs directed toward organic
agriculture, including significant results and experiences of those programs;
deleted text end

deleted text begin (2) a description of specific actions the department of agriculture is taking in the
area of organic agriculture, including the proportion of the department's budget spent on
organic agriculture;
deleted text end

deleted text begin (3) a description of current and future research needs at all levels in the area of
organic agriculture;
deleted text end

deleted text begin (4) suggestions for changes in existing programs or policies or enactment of new
programs or policies that will affect organic agriculture;
deleted text end

deleted text begin (5) a description of market trends and potential for organic products;
deleted text end

deleted text begin (6) available information, using currently reliable data, on the price received, yield,
and profitability of organic farms, and a comparison with data on conventional farms; and
deleted text end

deleted text begin (7) available information, using currently reliable data, on the positive and negative
impacts of organic production on the environment and human health.
deleted text end

(c) A Minnesota Organic Advisory Task Force shall advise the commissioner and the
University of Minnesota on policies and programs that will improve organic agriculture in
Minnesota, including how available resources can most effectively be used for outreach,
education, research, and technical assistance that meet the needs of the organic agriculture
community. The task force must consist of the following residents of the state:

(1) three farmers using organic agriculture methods;

(2) one wholesaler or distributor of organic products;

(3) one representative of organic certification agencies;

(4) two organic processors;

(5) one representative from University of Minnesota Extension;

(6) one University of Minnesota faculty member;

(7) one representative from a nonprofit organization representing producers;

(8) two public members;

(9) one representative from the United States Department of Agriculture;

(10) one retailer of organic products; and

(11) one organic consumer representative.

The commissioner, in consultation with the director of the Minnesota Agricultural
Experiment Station; the dean and director of University of Minnesota Extension; and the
dean of the College of Food, Agricultural and Natural Resource Sciences shall appoint
members to serve staggered two-year terms.

Compensation and removal of members are governed by section 15.059, subdivision
6. The task force must meet at least twice each year and expires on June 30, 2013.

(d) For the purposes of expanding, improving, and developing production and
marketing of the organic products of Minnesota agriculture, the commissioner may
receive funds from state and federal sources and spend them, including through grants or
contracts, to assist producers and processors to achieve certification, to conduct education
or marketing activities, to enter into research and development partnerships, or to address
production or marketing obstacles to the growth and well-being of the industry.

(e) The commissioner may facilitate the registration of state organic production
and handling operations including those exempt from organic certification according to
Code of Federal Regulations, title 7, section 205.101, and certification agents operating
within the state.

Sec. 33.

Minnesota Statutes 2010, section 35.0661, subdivision 2, is amended to read:

Subd. 2.

Quarantine zones.

Upon an emergency declaration by the governor
under subdivision 1, the board or any licensed veterinarian designated by the board may
establish quarantine zones of control in any area where a specific animal is deemed by a
licensed veterinarian as likely to be infected with the disease based on an actual veterinary
examination or laboratory testing. Quarantine zones of controlnew text begin to restrict the movement of
livestocknew text end must be the smallest size practicable to prevent the spread of disease and must
exist for the shortest duration consistent with effective disease control. deleted text begin A quarantine zone
of control must not extend beyond a radius of three miles from an animal deemed as likely
to be infected with the disease, unless the board has adopted a rule regarding a specific
disease requiring a larger quarantine zone of control.
deleted text end

Sec. 34.

Minnesota Statutes 2010, section 35.0661, subdivision 3, is amended to read:

Subd. 3.

Restrictions on movement out of quarantine zones.

(a) The board may
issue orders restricting the movement of persons, deleted text begin livestock,deleted text end machinery, and personal
property deleted text begin out of zonesdeleted text end new text begin off infected premisesnew text end designated by the board as quarantined under
subdivision 2. The executive director of the board or any licensed veterinarian designated
by the board may issue the orders. An order may be issued upon a determination that
reasonable cause exists to believe that the movement of persons or personal property out
of a quarantine zone will reasonably threaten to transport a dangerous, infectious, or
communicable disease outside of the quarantine zone.

(b) The order must be served upon any person subject to the order. The restrictions
sought by the board on movement out of a quarantine zone must be limited to the greatest
extent possible consistent with the paramount disease control objectives as determined by
the board. An order under this section may be served on any day at any time. The order
must include a notice of the person's rights under this section, including the ability to enter
into an agreement to abide by disease control measures under paragraph (c) and the right
to request a court hearing under paragraph (d).

(c) No person may be restricted by an order under this subdivision for longer than 72
hours, exclusive of Saturdays, Sundays, and legal holidays, so long as the person agrees to
abide by the disease control measures established by the board. The person shall sign an
acknowledgment form prepared by the board evidencing the person's agreement to abide
by the disease control measures established by the board.

(d) A person whose movements are restricted by an order under this subdivision may
seek a district court hearing on the order at any time after it is served on the person. The
hearing may be held by electronic means as soon as possible. The subject of the order may:

(1) contest imposition of the order on grounds that it is an abuse of the board's
discretion under this section; or

(2) seek a variance from it to allow movement of a person inconsistent with the
order, upon a showing that the person would otherwise suffer irreparable harm.

Sec. 35.

Minnesota Statutes 2010, section 40A.17, is amended to read:

40A.17 REPORT.

The commissioner shall report to the legislature on deleted text begin Januarydeleted text end new text begin Marchnew text end 1 of each
new text begin even-numbered new text end year on activities under this chapter. By July 1, 1985, the report must
include the survey of public awareness in the awareness program. The report shall include
recommendations for funding levels and other necessary legislative action.

Sec. 36.

Minnesota Statutes 2010, section 41A.12, subdivision 2, is amended to read:

Subd. 2.

Activities authorized.

For the purposes of this program, the commissioner
may issue grants, loans, or other forms of financial assistance. Eligible activities include,
but are not limited to, grants to livestock producers under the livestock investment grant
program under section 17.118, bioenergy awards made by the NextGen Energy Board
under section 41A.105, new text begin cost-share grants for the installation of biofuel blender pumps, new text end and
financial assistance to support other rural economic infrastructure activities.

Sec. 37.

Minnesota Statutes 2010, section 41A.12, subdivision 4, is amended to read:

Subd. 4.

Sunset.

This section expires on June 30, deleted text begin 2013deleted text end new text begin 2015new text end .

Sec. 38.

Minnesota Statutes 2010, section 223.16, subdivision 12, is amended to read:

Subd. 12.

Public grain warehouse operator.

"Public grain warehouse operator"
means a person operating a grain warehouse in which grain belonging to persons other
than the grain warehouse operator is accepted for storage or purchase or who offers grain
storage or warehouse facilities to the public for hirenew text begin or a feed-processing plant that
receives and stores grain, the equivalent of which it processes and returns to the grain's
owner in amounts, at intervals, and with added ingredients that are mutually agreeable to
the grain's owner and the person operating the plantnew text end .

Sec. 39.

Minnesota Statutes 2010, section 223.17, subdivision 1, is amended to read:

Subdivision 1.

Licenses.

An application for a grain buyer's license must be filed
with the commissioner and the license issued before any grain may be purchased. deleted text begin The
commissioner must provide application forms and licenses that state the restrictions and
authority to purchase and store grain under the license being applied for and issued. The
categories of grain buyers' licenses are:
deleted text end

deleted text begin (a) private grain warehouse operator's license;
deleted text end

deleted text begin (b) public grain warehouse operator's license; and
deleted text end

deleted text begin (c) independent grain buyer's license.
deleted text end

The applicant for a grain buyer's license shall identify all grain buying locations
owned or controlled by the grain buyer and all vehicles owned or controlled by the grain
buyer used to transport purchased grain. Every applicant for a grain buyer's license shall
have a permanent established place of business at each licensed location. An "established
place of business" means a permanent enclosed building, including a house or a farm,
either owned by the applicant or leased by the applicant for a period of at least one year,
and where the books, records, and files necessary to conduct the business are kept and
maintained. deleted text begin The commissioner may maintain information on grain buyers by categories
including, but not limited to, the categories provided in clauses (a) to (c) and grain buyers
that are licensed to purchase grain using trucks but that do not have a public or private
warehouse license.
deleted text end

Sec. 40.

Minnesota Statutes 2010, section 223.17, subdivision 4, is amended to read:

Subd. 4.

Bond.

new text begin (a) new text end Before a grain buyer's license is issued, the applicant for
the license must file with the commissioner a bond in a penal sum prescribed by the
commissioner but not less than the following amounts:

deleted text begin (a)deleted text end new text begin (1)new text end $10,000 for grain buyers whose gross annual purchases are $100,000 or less;

deleted text begin (b)deleted text end new text begin (2)new text end $20,000 for grain buyers whose gross annual purchases are more than
$100,000 but not more than $750,000;

deleted text begin (c)deleted text end new text begin (3)new text end $30,000 for grain buyers whose gross annual purchases are more than
$750,000 but not more than $1,500,000;

deleted text begin (d)deleted text end new text begin (4)new text end $40,000 for grain buyers whose gross annual purchases are more than
$1,500,000 but not more than $3,000,000;

deleted text begin (e)deleted text end new text begin (5)new text end $50,000 for grain buyers whose gross annual purchases are more than
$3,000,000 but not more than $6,000,000;

deleted text begin (f)deleted text end new text begin (6)new text end $70,000 for grain buyers whose gross annual purchases are more than
$6,000,000 but not more than $12,000,000;

deleted text begin (g)deleted text end new text begin (7)new text end $125,000 for grain buyers whose gross annual purchases are more than
$12,000,000 but not more than $24,000,000; and

deleted text begin (h)deleted text end new text begin (8)new text end $150,000 for grain buyers whose gross annual purchases exceed $24,000,000.

new text begin (b) new text end A grain buyer who has filed a bond with the commissioner prior to July 1, 2004,
is not required to increase the amount of the bond to comply with this section until July 1,
2005. The commissioner may postpone an increase in the amount of the bond until July 1,
2006, if a licensee demonstrates that the increase will impose undue financial hardship on
the licensee, and that producers will not be harmed as a result of the postponement. The
commissioner may impose other restrictions on a licensee whose bond increase has been
postponed. The amount of the bond shall be based on the most recent deleted text begin financial statementdeleted text end new text begin
gross annual grain purchase reportnew text end of the grain buyer deleted text begin filed under subdivision 6deleted text end .

new text begin (c) new text end A first-time applicant for a grain buyer's license shall file a $50,000 bond with the
commissioner. This bond shall remain in effect for the first year of the license. Thereafter,
the licensee shall comply with the applicable bonding requirements contained in deleted text begin clauses
(a) to (h)deleted text end new text begin paragraph (a), clauses (1) to (8)new text end .

new text begin (d) new text end In lieu of the bond required by this subdivision the applicant may deposit with
the commissioner of management and budget cash, a certified check, a cashier's check,
a postal, bank, or express money order, assignable bonds or notes of the United States,
or an assignment of a bank savings account or investment certificate or an irrevocable
bank letter of credit as defined in section 336.5-102, in the same amount as would be
required for a bond.

new text begin (e) Bonds must be continuous until canceled. To cancel a bond, a surety must provide
90 days' written notice of the bond's termination date to the licensee and the commissioner.
new text end

Sec. 41.

Minnesota Statutes 2010, section 223.17, subdivision 6, is amended to read:

Subd. 6.

Financial statements.

deleted text begin For the purpose of fixing or changing the amount of
a required bond or for any other proper reason,deleted text end new text begin (a) new text end The commissioner deleted text begin shalldeleted text end new text begin maynew text end require an
annual financial statement from a licensee which has been prepared in accordance with
generally accepted accounting principles and which meets the following requirements:

deleted text begin (a)deleted text end new text begin (1)new text end The financial statement shall include, but not be limited to the following: deleted text begin (1)deleted text end

new text begin (i) new text end a balance sheet; deleted text begin (2)
deleted text end

new text begin (ii) new text end a statement of income (profit and loss); deleted text begin (3)
deleted text end

new text begin (iii) new text end a statement of retained earnings; deleted text begin (4)
deleted text end

new text begin (iv) new text end a statement of changes in financial position; and deleted text begin (5)
deleted text end

new text begin (v) new text end a statement of the dollar amount of grain purchased in the previous fiscal year
of the grain buyer.

deleted text begin (b)deleted text end new text begin (2)new text end The financial statement shall be accompanied by a compilation report of the
financial statement that is prepared by a grain commission firm or a management firm
approved by the commissioner or by an independent public accountant, in accordance with
standards established by the American Institute of Certified Public Accountants. Grain
buyers purchasing less than 150,000 bushels of grain per calendar year may submit a
financial statement prepared by a public accountant who is not an employee or a relative
within the third degree of kindred according to civil law.

deleted text begin (c)deleted text end new text begin (3)new text end The financial statement shall be accompanied by a certification by the chief
executive officer or the chief executive officer's designee of the licensee, under penalty
of perjury, that the financial statement accurately reflects the financial condition of the
licensee for the period specified in the statement.

new text begin (b) new text end Only one financial statement must be filed for a chain of warehouses owned
or operated as a single business entity, unless otherwise required by the commissioner.
Any grain buyer having a net worth in excess of $500,000,000 need not file the financial
statement required by this subdivision but must provide the commissioner with a certified
net worth statement. All financial statements filed with the commissioner are private or
nonpublic data as provided in section 13.02.

Sec. 42.

Minnesota Statutes 2010, section 223.17, subdivision 9, is amended to read:

Subd. 9.

Defaults; violations.

new text begin It is a violation under this chapter new text end if the commissioner
finds, after an investigation is conducted, that a complaint is valid or that a licensee is in
violation of the provisions of this chapterdeleted text begin , 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 licensedeleted text end .

Sec. 43.

Minnesota Statutes 2010, section 232.21, subdivision 2, is amended to read:

Subd. 2.

Bond.

"Bond" means an acceptable obligation, running to the state as
obligee, for the purpose of indemnifying depositors and producers of grain against breach
of contract by a public grain warehouse deleted text begin or grain bank operatordeleted text end .

Sec. 44.

Minnesota Statutes 2010, section 232.21, subdivision 6, is amended to read:

Subd. 6.

Depositor.

"Depositor" means a person who is the owner or legal holder of
an outstanding grain warehouse receipt, grain bank receipt or open scale ticket marked
for storage on which a receipt is to be issued, representing any grain stored in a public
grain warehouse deleted text begin or grain bankdeleted text end .

Sec. 45.

Minnesota Statutes 2010, section 232.21, subdivision 12, is amended to read:

Subd. 12.

Public grain warehouse operator.

"Public grain warehouse operator"
means a person licensed to operate a grain warehouse in which grain belonging to persons
other than the grain warehouse operator is accepted for storage or purchase, or who offers
grain storage or grain warehouse facilities to the public for hirenew text begin or a feed-processing
plant that receives and stores grain, the equivalent of which, it processes and returns to
the grain's owner in amounts, at intervals, and with added ingredients that are mutually
agreeable to the grain's owner and the person operating the plantnew text end .

Sec. 46.

Minnesota Statutes 2010, section 232.22, subdivision 3, is amended to read:

Subd. 3.

Fees; grain buyers and storage account.

There is created in the
agricultural fund an account known as the grain buyers and storage account. The
commissioner shall set the fees for deleted text begin inspectionsdeleted text end new text begin examinationsnew text end , certificationsnew text begin ,new text end and licenses
under sections 232.20 to deleted text begin 232.25deleted text end new text begin 232.24new text end at levels necessary to pay the costs of administering
and enforcing sections 232.20 to deleted text begin 232.25deleted text end new text begin 232.24new text end . All money collected pursuant to sections
232.20 to deleted text begin 232.25 and chapters 233 and 236deleted text end new text begin 232.24new text end shall be paid by the commissioner into
the state treasury and credited to the grain buyers and storage account and is appropriated
to the commissioner for the administration and enforcement of sections 232.20 to deleted text begin 232.25
and chapters 233 and 236deleted text end new text begin 232.24new text end . All money collected pursuant to chapter 231 shall be
paid by the commissioner into the grain buyers and storage account and is appropriated to
the commissioner for the administration and enforcement of chapter 231.

The fees for a license to store grain are as follows:

(a) For a license to store grain, $110 for each home rule charter or statutory city or
town in which a public grain warehouse is operated.

(b) A person with a license to store grain in a public grain warehouse is subject to
an examination fee for each licensed location, based on the following schedule for one
examination:

Bushel Capacity	Examination Fee
Less than 150,001	$	300
150,001 to 250,000	$	425
250,001 to 500,000	$	545
500,001 to 750,000	$	700
750,001 to 1,000,000	$	865
1,000,001 to 1,200,000	$	1,040
1,200,001 to 1,500,000	$	1,205
1,500,001 to 2,000,000	$	1,380
More than 2,000,000	$	1,555

(c) The fee for the second examination is $55 per hour per examiner for warehouse
operators who choose to have it performed by the commissioner.

(d) A penalty amount not to exceed ten percent of the fees due may be imposed by
the commissioner for each month for which the fees are delinquent.

Sec. 47.

Minnesota Statutes 2010, section 232.22, subdivision 4, is amended to read:

Subd. 4.

Bonding.

new text begin (a) new text end Before a license is issued, the applicant for a public grain
warehouse operator's license shall file with the commissioner a bond in a penal sum
prescribed by the commissionerdeleted text begin . The penal sum on a condition one bond shall be
established by rule by the commissioner pursuant to the requirements of chapter 14 for
all grain outstanding on grain warehouse receipts. The penal sum on a condition two
bond shall not be less than $10,000 for each location up to a maximum of five locations.deleted text end new text begin
based on the annual average storage liability as stated on the statement of grain in storage
report or on the gross annual grain purchase report, whichever is greater, and applying
the following amounts:
new text end

new text begin (1) $10,000 for storages with annual average storage liability of more than $0 but
not more than $25,000;
new text end

new text begin (2) $20,000 for storages with annual average storage liability of more than $25,001
but not more than $50,000;
new text end

new text begin (3) $30,000 for storages with annual average storage liability of more than $50,001
but not more than $75,000;
new text end

new text begin (4) $50,000 for storages with annual average storage liability of more than $75,001
but not more than $100,000;
new text end

new text begin (5) $75,000 for storages with annual average storage liability of more than $100,001
but not more than $200,000;
new text end

new text begin (6) $125,000 for storages with annual average storage liability of more than
$200,001 but not more than $300,000;
new text end

new text begin (7) $175,000 for storages with annual average storage liability of more than
$300,001 but not more than $400,000;
new text end

new text begin (8) $225,000 for storages with annual average storage liability of more than
$400,001 but not more than $500,000;
new text end

new text begin (9) $275,000 for storages with annual average storage liability of more than
$500,001 but not more than $600,000;
new text end

new text begin (10) $325,000 for storages with annual average storage liability of more than
$600,001 but not more than $700,000;
new text end

new text begin (11) $375,000 for storages with annual average storage liability of more than
$700,001 but not more than $800,000;
new text end

new text begin (12) $425,000 for storages with annual average storage liability of more than
$800,001 but not more than $900,000;
new text end

new text begin (13) $475,000 for storages with annual average storage liability of more than
$900,001 but not more than $1,000,000; and
new text end

new text begin (14) $500,000 for storages with annual average storage liability of more than
$1,000,000.
new text end

new text begin (b) Bonds must be continuous until canceled. To cancel a bond, a surety must provide
90 days' written notice of the bond's termination date to the licensee and the commissioner.
new text end

Sec. 48.

Minnesota Statutes 2010, section 232.22, subdivision 5, is amended to read:

Subd. 5.

Statement of grain in storage; reports.

(a) All public grain warehouse
operators must by deleted text begin the tenth day of each monthdeleted text end new text begin February 15 of each yearnew text end file with the
commissioner on deleted text begin formsdeleted text end new text begin a formnew text end approved by the commissioner a report showing the deleted text begin netdeleted text end
new text begin annual average new text end liability of all grain outstanding on grain warehouse receipts deleted text begin as of the close
of business on the last day ofdeleted text end new text begin that occurred duringnew text end the preceding deleted text begin monthdeleted text end new text begin calendar yearnew text end .
This report shall be used for the purpose of establishing the penal sum of the bond.

new 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.
new text end

deleted text begin (b) Ifdeleted text end new text begin (c) It is a violation of this chapter fornew text end any public grain warehouse operator
deleted text begin willfully neglects or refusesdeleted text end new text begin to failnew text end to file the report required in clause (a) deleted text begin for two
consecutive months, the commissioner may immediately suspend the person's license
and the licensee must surrender the license to the commissioner. Within 15 days the
licensee may request an administrative hearing subject to chapter 14 to determine if the
license should be revoked. If no request is made within 15 days the commissioner shall
revoke the licensedeleted text end .

deleted text begin (c)deleted text end new text begin (d)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 (d)deleted text end new text begin (e)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. 49.

Minnesota Statutes 2010, section 232.22, subdivision 7, is amended to read:

Subd. 7.

Bond disbursement.

(a) The deleted text begin condition onedeleted text end bond of 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.

deleted text begin (b) The condition two bond shall provide for payment of loss caused by the grain
buyer's failure to pay, upon the owner's demand, the purchase price of grain sold to the
grain buyer. The bond shall be conditioned upon the grain buyer being duly licensed as
provided herein. The bond shall not cover any transaction which constitutes a voluntary
extension of credit.
deleted text end

deleted text begin (c)deleted text end new text begin (b)new text end Upon notification of default, the commissioner shall determine the validity
of all claims and notify all parties having filed claims. Any aggrieved party may appeal
the commissioner's determination by requesting, within 15 days, that the commissioner
initiate a contested case proceeding. In the absence of such a request, or following the
issuance of a final order in a contested case, the surety company shall issue payment to
those claimants entitled to payment. If the commissioner determines it is necessary, the
commissioner may apply to the district court for an order appointing a trustee or receiver
to manage and supervise the operations of the grain warehouse operator in default. The
commissioner may participate in any resulting court proceeding as an interested party.

deleted text begin (d)deleted text end new text begin (c)new text end For the purpose of determining the amount of bond disbursement against all
valid claims under a condition one bond, all grain owned or stored in the public grain
warehouse shall be sold and the combined proceeds deposited in a special fund. Payment
shall be made from the special fund satisfying the valid claims of grain warehouse receipt
holders.

deleted text begin (e)deleted text end new text begin (d)new text end If a public grain warehouse operator has become liable to more than one
depositor or producer by reason of breaches of the conditions of the bond and the
amount of the bond is insufficient to pay, beyond the proceeds of the special fund, the
entire liability to all valid claimants, the proceeds of the bond and special fund shall be
apportioned among the valid claimants on a pro rata basis.

deleted text begin (f)deleted text end new text begin (e)new text end A bond is not cumulative from one licensing period to the next. The maximum
liability of the bond shall be its face value for the licensing period.

Sec. 50.

Minnesota Statutes 2010, section 232.23, subdivision 2, is amended to read:

Subd. 2.

Scale tickets.

A public or private grain warehouse operator, upon
receiving grain, shall issue a scale ticket for each load of grain received. Scale tickets shall
contain the name, location and the date of each transactionnew text begin , weight, volume, kind of
grain, signature of warehouse operator,new text end and be consecutively numbered. new text begin Electronic grain
tickets do not require a signature.new text end A duplicate copy of each scale ticket shall remain in the
possession of the public or private grain warehouse operator as a permanent record. The
original scale ticket shall be delivered to the depositor upon receipt of each load of grain.
Each scale ticket shall have printed across its face "This is a memorandum, nonnegotiable,
possession of which does not signify that settlement has or has not been consummated."
The scale ticket shall state specifically whether the grain is received on contract, for
storage, for shipment or consignment or sold. If the grain is received on contract or sold,
the price shall be indicated on the scale ticket. All new text begin papernew text end scale tickets shall be dated and
signed by the public or private grain warehouse operator or the operator's agent or manager.

Sec. 51.

Minnesota Statutes 2010, section 232.23, subdivision 5, is amended to read:

Subd. 5.

Void agreements; penalty.

A provision or agreement in a grain warehouse
receipt not contained in subdivision 4 is void. The failure to issue a grain warehouse
receipt, as directed, or the issuance of slips, memoranda or other forms of receipt
embracing a different grain warehouse or storage contract is a misdemeanor, and no
slip, memorandum or other form of receipt is admissible as evidence in any civil action.
Nothing in sections 232.20 to deleted text begin 232.25deleted text end new text begin 232.24new text end requires or compels any person operating a
flour, cereal or feed mill or malthouse doing a manufacturing business, to receive, store or
purchase at the mill or malthouse any kind of grain.

Sec. 52.

Minnesota Statutes 2010, section 232.23, subdivision 10, is amended to read:

Subd. 10.

Delivery of grain.

(a) On the redemption of a grain warehouse receipt
and payment of all lawful charges, the grain represented by the receipt is immediately
deliverable to the depositor or the depositor's order, and is not subject to any further charge
for storage after demand for delivery has been made and proper facilities for receiving and
shipping the grain have been provided. If delivery has not commenced within 48 hours
after demand has been made and proper facilities have been provided, the public grain
warehouse operator issuing the grain warehouse receipt is liable to the owner in damages
not exceeding two cents per bushel for each day's delay, unless the public grain warehouse
operator makes delivery to different owners in the order demanded as rapidly as it can be
done through ordinary diligence, or unless insolvency has occurred.

(b) If a disagreement arises between the person receiving and the person delivering
the grain at a public grain warehouse in this state as to the proper grade or dockage of any
grain, an average sample of at least three quarts of the grain in dispute may be taken by
either or both of the persons interested. The sample shall be certified by both the owner
and the public grain warehouse operator as being true samples of the grain in dispute on
the delivery day. The samples shall be forwarded in a suitable airtight container by parcel
post or express, prepaid, with the name and address of both parties, to deleted text begin the head of thedeleted text end new text begin a
United States Department of Agriculture authorizednew text end grain inspection program deleted text begin of the
Department of Agriculturedeleted text end , who shall, upon request, examine the grain, and determine
what grade or dockage the samples of grain are entitled to under the inspection rules.
Before the results of the inspection are released to the person requesting the inspection,
the person shall pay the required fee. The fee shall be the same as that required for similar
services rendered by the grain inspection program.

Sec. 53.

Minnesota Statutes 2010, section 232.24, subdivision 1, is amended to read:

Subdivision 1.

Schedule of deleted text begin inspectiondeleted text end new text begin examinationnew text end .

A licensee under sections
232.20 to 232.25 is subject to two deleted text begin auditsdeleted text end new text begin examinationsnew text end annually conducted by the
commissioner or the agricultural marketing service of the United States Department of
Agriculture. The commissioner may, by rule, authorize one deleted text begin auditdeleted text end new text begin examinationnew text end to be
conducted by a qualified nongovernmental unit.

Sec. 54.

Minnesota Statutes 2010, section 232.24, subdivision 2, is amended to read:

Subd. 2.

Financial reports.

A licensee under sections 232.20 to 232.25 new text begin upon request
new text end must provide to the commissioner a copy of the financial reports of an audit conducted by
a qualified nongovernmental unit containing information the commissioner requires.

Sec. 55.

Minnesota Statutes 2010, section 239.092, is amended to read:

239.092 SALE FROM BULK.

(a) Bulk sales of commodities, when the buyer and seller are not both present to
witness the measurement, must be accompanied by a delivery ticket containing the
following information:

(1) the name and address of the person who weighed or measured the commodity;

(2) the date delivered;

(3) the quantity delivered;

(4) the count of individually wrapped packages delivered, if more than one is
included in the quantity delivered;

(5) the quantity on which the price is based, if different than the quantity delivered;
and

(6) the identity of the commodity in the most descriptive terms commercially
practicable, including representations of quality made in connection with the sale.

(b) This section is not intended to conflict with the bulk sale requirements of the
Department of Agriculture. If a conflict occurs, the law and rules of the Department of
Agriculture govern.

(c) Firewood sold or distributed deleted text begin across state boundaries or more than 100 miles
from its origindeleted text end new text begin in this state new text end must include delivery ticket information regarding the harvest
locations of the wood by county new text begin or counties new text end and state.

(d) Paragraph (c) may be enforced using the authority granted in this chapter or
section 18J.05 or 84D.13.

Sec. 56.

Minnesota Statutes 2010, section 239.093, is amended to read:

239.093 INFORMATION REQUIRED WITH PACKAGE.

(a) A package offered, exposed, or held for sale must bear a clear and conspicuous
declaration of:

(1) the identity of the commodity in the package, unless the commodity can be easily
identified through the wrapper or container;

(2) the net quantity in terms of weight, measure, or count;

(3) the name and address of the manufacturer, packer, or distributor, if the packages
were not produced on the premises where they are offered, exposed, or held for sale; and

(4) the unit price, if the packages are part of a lot containing random weight
packages of the same commodity.

(b) This section is not intended to conflict with the packaging requirements of the
Department of Agriculture. If a conflict occurs, the laws and rules of the Department of
Agriculture govern.

(c) Firewood sold or distributed deleted text begin across state boundaries or more than 100 miles from
its origindeleted text end new text begin in this state new text end must include information regarding the harvest locations of the wood
by county new text begin or counties new text end and state on each label or wrapper.

(d) Paragraph (c) may be enforced using the authority granted in this chapter or
section 18J.05 or 84D.13.

Sec. 57.

Minnesota Statutes 2010, section 239.77, subdivision 3, is amended to read:

Subd. 3.

Exceptions.

(a) The minimum content requirements of subdivision 2 do
not apply to fuel used in the following equipment:

(1) motors located at an electric generating plant regulated by the Nuclear
Regulatory Commission;

(2) railroad locomotives;

(3) off-road taconite and copper mining equipment and machinery;

(4) off-road logging equipment and machinery; and

(5)deleted text begin until May 1, 2010, vehicles and equipment used exclusively on an aircraft
landing fielddeleted text end new text begin vessels of the U.S. Coast Guard and vessels subject to inspection under
United States Code, title 46, section 3301, subsections (1), (9), (10), (13), or (15)new text end .

(b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear
Regulatory Commission has approved the use of biodiesel fuel in motors at electric
generating plants under its regulation.

(c) new text begin The minimum content requirements of subdivision 2 do not apply to Number 1
diesel fuel sold or offered for sale during the months of October, November, December,
January, February, and March.
new text end

new text begin (d) new text end This subdivision expires deleted text begin ondeleted text end May 1, deleted text begin 2012deleted text end new text begin 2014new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective April 1, 2012.
new text end

Sec. 58.

Minnesota Statutes 2010, section 239.77, subdivision 5, is amended to read:

Subd. 5.

Annual report.

new text begin (a) new text end Beginning in 2009, the commissioner of agriculture
must report 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 regarding the implementation of the minimum content requirements in subdivision
2, including information about the price and supply of biodiesel fuel. The report shall
include information about the impacts of the biodiesel mandate on the development of
biodiesel production capacity in the state, and on the use of feedstock grown or raised in
the state for biodiesel production. The report must include any written comments received
from members of the biodiesel fuel task force by January 1 of that year designated by
them for inclusion in the report.

new text begin (b) The commissioner of agriculture, in consultation with the commissioner
of commerce and the Biodiesel Fuel Task Force, shall study the need to continue
the exceptions in subdivision 3. The 2013 report under paragraph (a) shall include
recommendations for studies and other research needs to make a determination on the
need for the exceptions, including any recommendations for use of the agricultural growth,
research, and innovation program funding to conduct the research. The 2014 report under
paragraph (a) shall contain the commissioner of agriculture's recommendations on whether
to continue any of the exceptions in subdivision 3.
new text end

Sec. 59.

Minnesota Statutes 2010, section 239.791, subdivision 1a, is amended to read:

Subd. 1a.

Minimum ethanol content required.

(a) Except as provided in
subdivisions 10 to 14, on August 30, deleted text begin 2013deleted text end new text begin 2014new text end , and thereafter, a person responsible for
the product shall ensure that all gasoline sold or offered for sale in Minnesota must contain
at least the quantity of ethanol required by clause (1) or (2), whichever is greater:

(1) 20 percent denatured ethanol by volume; or

(2) the maximum percent of denatured ethanol by volume authorized in a waiver
granted by the United States Environmental Protection Agency.

(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a),
clause (1), a gasoline/ethanol blend will be construed to be in compliance if the ethanol
content, exclusive of denaturants and other permitted components, comprises not less than
18.4 percent by volume and not more than 20 percent by volume of the blend as determined
by an appropriate United States Environmental Protection Agency or American Society of
Testing Materials standard method of analysis of alcohol content in motor fuels.

(c) This subdivision expires on December 31, deleted text begin 2012deleted text end new text begin 2013new text end , if by that date:

(1) the commissioner of agriculture certifies and publishes the certification in
the State Register that at least 20 percent of the volume of gasoline sold in the state
is denatured ethanol; or

(2) federal approval has not been granted under paragraph (a), clause (1). The
United States Environmental Protection Agency's failure to act on an application shall not
be deemed approval under paragraph (a), clause (1), or a waiver under section 211(f)(4) of
the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).

Sec. 60.

Laws 2008, chapter 296, article 1, section 25, the effective date, as amended
by Laws 2010, chapter 333, article 1, section 33, is amended to read:

EFFECTIVE DATE.

This section is effective June 1, deleted text begin 2012deleted text end new text begin 2017new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 61.

Laws 2011, chapter 14, section 6, is amended by adding an effective date to
read:

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from April 16, 2011.
new text end

Sec. 62. new text begin NEXT GENERATION BIOFUEL BLENDS.
new text end

new text begin The NextGen Energy Board, established in Minnesota Statutes, section 41A.105,
shall include in its February 2013 report to the legislature an analysis of next generation
biofuels that can be blended with gasoline or other energy sources. The report shall
analyze research on next generation biofuel blends and information on federal approvals
needed and the status of the federal approval for next generation biofuel blends.
new text end

Sec. 63. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2010, sections 17B.01; 17B.02; 17B.03; 17B.04; 17B.041;
17B.0451; 17B.048; 17B.05; 17B.06; 17B.07; 17B.10; 17B.11; 17B.12; 17B.13; 17B.14;
17B.15, subdivisions 1 and 3; 17B.16; 17B.17; 17B.18; 17B.20; 17B.22, subdivisions 1
and 2; 17B.28; 17B.29; 27.19, subdivisions 2 and 3; 27.20; 35.243; 35.255; 35.67; 35.68;
35.69; 35.72; 223.16, subdivision 7; 223.18; 232.21, subdivision 4; 232.24, subdivision
3; 232.25; 233.01; 233.015; 233.017; 233.02; 233.03; 233.04; 233.05; 233.06; 233.07;
233.08; 233.09; 233.10; 233.11; 233.12; 233.22; 233.23; 233.24; 233.33; 234.01; 234.03;
234.04; 234.05; 234.06; 234.08; 234.09; 234.10; 234.11; 234.12; 234.13; 234.14; 234.15;
234.16; 234.17; 234.18; 234.19; 234.20; 234.21; 234.22; 234.23; 234.24; 234.25; 234.27;
235.01; 235.02; 235.04; 235.05; 235.06; 235.07; 235.08; 235.09; 235.10; 235.13; 235.18;
236.01; 236.02; 236.03; 236.04; 236.05; 236.06; 236.07; 236.08; 236.09; 395.14; 395.15;
395.16; 395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23; and 395.24, new text end new text begin are repealed.
new text end

new text begin (b) Minnesota Rules, parts 1505.0780; 1505.0810; 1511.0100; 1511.0110;
1511.0120; 1511.0130; 1511.0140; 1511.0150; 1511.0160; 1511.0170; 1562.0100,
subparts 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25;
1562.0200; 1562.0400; 1562.0700; 1562.0900; 1562.1300; and 1562.1800, new text end new text begin are repealed.
new text end

ARTICLE 2

FOOD ENFORCEMENT

Section 1.

Minnesota Statutes 2010, section 17.982, subdivision 1, is amended to read:

Subdivision 1.

Criminal penalties.

A person who violates a provision of chapter
25deleted text begin , 28A, 29, 31, 31A,deleted text end new text begin ornew text end 31Bdeleted text begin , or 34deleted text end for which a penalty has not been prescribed is guilty
of a misdemeanor.

Sec. 2.

Minnesota Statutes 2010, section 17.983, is amended to read:

17.983 ADMINISTRATIVE PENALTIES AND ENFORCEMENT.

Subdivision 1.

Administrative penalties; citation.

If a person has violated a
provision of chapter 25, deleted text begin 28A, 29, 31, 31A,deleted text end 31B, new text begin or new text end 32, deleted text begin or 34,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.

Subd. 3.

Contested case.

If a person appeals a citation or a penalty assessment
within the time limits in subdivision 1, the commissioner shall initiate a contested
proceeding under chapter 14. deleted text begin The report of the administrative law judge is the final
decision of the commissioner of agriculture.
deleted text end

Sec. 3.

Minnesota Statutes 2010, section 17.984, subdivision 1, is amended to read:

Subdivision 1.

Authority.

To carry out the commissioner's enforcement duties
under chapter deleted text begin 29, 31, 31A,deleted text end 32deleted text begin , or 34deleted text end , 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 for reasons related to
the commissioner's enforcement and licensing authority; request information from persons
with information relevant to an inspection; and inspect relevant papers and records,
including business records. The commissioner may issue notices in lieu of citations for
minor violations if a notice is in the public interest.

Sec. 4.

Minnesota Statutes 2010, section 28A.03, subdivision 3, is amended to read:

Subd. 3.

Person.

"Person" deleted text begin means any individual, firm, corporation, company,
association, cooperative, or partnership and includes any trustee, receiver, assignee, or
other similar representative thereofdeleted text end new text begin has the meaning given in section 34A.01, subdivision
10new text end .

Sec. 5.

Minnesota Statutes 2010, section 28A.03, subdivision 5, is amended to read:

Subd. 5.

Food.

"Foodnew text begin ,new text end " deleted text begin includes every article used for, entering into the
consumption of, or used or intended for use in the preparation of food, drink, confectionery,
or condiment for humans, whether simple, mixed or compound.deleted text end new text begin "nonperishable food,"
"frozen food," "perishable food," and "readily perishable food" have the meanings given
in section 34A.01.
new text end

deleted text begin (a) "Perishable food" is food which includes, but is not limited to fresh fruits, fresh
vegetables, and other products which need protection from extremes of temperatures in
order to avoid decomposition by microbial growth or otherwise.
deleted text end

deleted text begin (b) "Readily perishable food" is food or a food ingredient consisting in whole or
in part of milk, milk products, eggs, meat, fish, poultry or other food or food ingredient
which is capable of supporting rapid and progressive growth of infectious or toxigenic
microorganisms.
deleted text end

deleted text begin (c) "Frozen food" is food which is processed and preserved by freezing in accordance
with good commercial practices and which is intended to be sold in the frozen state.
deleted text end

deleted text begin (d) For the purposes of this definition, packaged food in hermetically sealed
containers processed by heat to prevent spoilage; packaged pickles; jellies, jams and
condiments in sealed containers; bakery products such as bread, rolls, buns, donuts,
fruit-filled pies and pastries; dehydrated packaged food; and dry or packaged food so low in
moisture content as to preclude development of microorganisms are not "perishable food,"
"readily perishable food," or "frozen food" within the meaning of paragraphs (a), (b), and
(c), when they are stored and handled in accordance with good commercial practices.
deleted text end

deleted text begin (e) "Nonperishable food" is food described in paragraph (d) with a shelf life of
more than 90 days.
deleted text end

Sec. 6.

Minnesota Statutes 2010, section 28A.03, subdivision 6, is amended to read:

Subd. 6.

Sell; sale.

"Sell" and "sale" deleted text begin include the keeping, offering, or exposing for
sale, use, transporting, transferring, negotiating, soliciting, or exchange of food, the having
in possession with intent to sell, use, transport, negotiate, solicit, or exchange the same
and the storing, or carrying thereof in aid of traffic therein whether done or permitted in
person or through othersdeleted text end new text begin have the meanings given in section 34A.01, subdivision 12new text end .

Sec. 7.

Minnesota Statutes 2010, section 31.01, subdivision 2, is amended to read:

Subd. 2.

Person.

"Person" deleted text begin means any individual, firm, partnership, copartnership,
society, association, company, or corporation and includes any trustee, receiver, assignee
or other similar representative thereofdeleted text end new text begin has the meaning given in section 34A.01,
subdivision 10new text end .

Sec. 8.

Minnesota Statutes 2010, section 31.01, subdivision 3, is amended to read:

Subd. 3.

Food.

"Food" deleted text begin means articles used for food or drink for humans or other
animals, chewing gum, and articles used for components of any such articledeleted text end new text begin has the
meaning given in section 34A.01, subdivision 4new text end .

Sec. 9.

Minnesota Statutes 2010, section 31.01, subdivision 4, is amended to read:

Subd. 4.

Sell and sale.

"Sell" and "sale" deleted text begin shall be considered to include the
manufacture, production, processing, packing, exposure, offer, possession, and holding of
any such article for sale; and the sale, dispensing, and giving of any such article, and the
supplying or applying of any such article in the conduct of any food operationdeleted text end new text begin have the
meanings given in section 34A.01, subdivision 12new text end .

Sec. 10.

Minnesota Statutes 2010, section 31.01, subdivision 21, is amended to read:

Subd. 21.

Label.

"Label" deleted text begin means a display of written, printed, or graphic matter
upon the immediate container of any article, and includes a like display, if required by law
or rule, on the outside container or wrapper, if any there be, of the retail package of such
articledeleted text end new text begin has the meaning given in section 34A.01, subdivision 6new text end .

Sec. 11.

Minnesota Statutes 2010, section 31.01, subdivision 25, is amended to read:

Subd. 25.

Labeling.

"Labeling" deleted text begin means all labels and other written, printed, or
graphic matter upon an article or any of its containers or wrappers, or accompanying such
articledeleted text end new text begin has the meaning given in section 34A.01, subdivision 7new text end .

Sec. 12.

Minnesota Statutes 2010, section 31.01, subdivision 28, is amended to read:

Subd. 28.

Pesticide deleted text begin chemicaldeleted text end .

"Pesticide deleted text begin chemicaldeleted text end " deleted text begin means any substance which,
alone, in chemical combination, or in formulation with one or more other substances is an
"economic poison" within the meaning of chapter 24, or the Federal Insecticide, Fungicide
and Rodenticide Act (United States Code, title 7, sections 135-135k), as amended, and
which is used in the production, storage, or transportation of raw agricultural commoditiesdeleted text end new text begin
has the meaning given in section 18B.01, subdivision 18new text end .

Sec. 13.

Minnesota Statutes 2010, section 31.121, is amended to read:

31.121 FOOD ADULTERATION.

A food shall be deemed to be adulterateddeleted text begin :deleted text end new text begin if it is covered by section 34A.02.
new text end

deleted text begin (a) If it bears or contains any poisonous or deleterious substance which may render it
injurious to health; but in case the substance is not an added substance such food shall
not be considered adulterated under this clause if the quantity of such substance in such
food does not ordinarily render it injurious to health; or
deleted text end

deleted text begin (b) If it bears or contains any added poisonous or added deleterious substance, other
than one which is a pesticide chemical in or on a raw agricultural commodity; a food
additive; or a color additive, which is unsafe within the meaning of section 31.122; or
deleted text end

deleted text begin (c) If it is a raw agricultural commodity and it bears or contains a pesticide chemical
which is unsafe within the meaning of section 31.122; or
deleted text end

deleted text begin (d) If it is or it bears or contains any food additive which is unsafe within the
meaning of section 31.122; provided that where a pesticide chemical has been used in or
on a raw agricultural commodity in conformity with an exemption granted or tolerance
prescribed under section 31.122, and such raw agricultural commodity has been subjected
to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of
such pesticide chemical remaining in or on such processed food shall, notwithstanding
the provisions of section 31.122 and this clause, not be deemed unsafe if such residue in
or on the raw agricultural commodity has been removed to the extent possible in good
manufacturing practice, and the concentration of such residue in the processed food
when ready to eat is not greater than the tolerance prescribed for the raw agricultural
commodity; or
deleted text end

deleted text begin (e) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or
decomposed substance, or if it is otherwise unfit for food; or
deleted text end

deleted text begin (f) If it has been produced, prepared, packed, or held under insanitary conditions
whereby it may have become contaminated with filth, or whereby it may have been
rendered diseased, unwholesome, or injurious to health; or
deleted text end

deleted text begin (g) If it is in whole or in part the product of a diseased animal or of an animal which
has died otherwise than by slaughter, or of an animal that has been fed upon the uncooked
offal from a slaughterhouse; or
deleted text end

deleted text begin (h) If its container is composed in whole or in part of any poisonous or deleterious
substance which may render the contents injurious to health; or
deleted text end

deleted text begin (i) If it has been intentionally subjected to radiation, unless the use of the radiation
was in conformity with a rule or exemption in effect pursuant to section 31.122 or section
409 of the federal act; or
deleted text end

deleted text begin (j) If any valuable constituent has been in whole or in part omitted or abstracted
therefrom; or
deleted text end

deleted text begin (k) If any substance has been substituted wholly or in part therefor; or
deleted text end

deleted text begin (l) If damage or inferiority has been concealed in any manner; or
deleted text end

deleted text begin (m) If any substance has been added thereto or mixed or packed therewith so as
to increase its bulk or weight, or reduce its quality or strength or make it appear better
or of greater value than it is; or
deleted text end

deleted text begin (n) If it is confectionery, and (1) has partially or completely imbedded therein any
nonnutritive object; provided, that this clause shall not apply in the case of any nonnutritive
object if in the judgment of the commissioner, as provided by rules, such object is of
practical functional value to the confectionery product and would not render the product
injurious or hazardous to health; or (2) bears or contains any nonnutritive substance;
provided, that this clause shall not apply to (i) a confection containing alcohol as defined
in section 31.76, or (ii) a safe nonnutritive substance which is in or on confectionery by
reason of its use for some practical functional purpose in the manufacture, packaging, or
storing of such confectionery if the use of the substance does not promote deception of the
consumer or otherwise result in adulteration or misbranding in violation of any provision
of the Minnesota Food Law; and provided further, that the commissioner may, for the
purpose of avoiding or resolving uncertainty as to the application of this clause, issue rules
allowing or prohibiting the use of particular nonnutritive substances; or
deleted text end

deleted text begin (o) If it is or bears or contains any color additive which is unsafe within the meaning
of section 31.122; or
deleted text end

deleted text begin (p) If it is oleomargarine or margarine or butter and any of the raw material used
therein consisted in whole or in part of any filthy, putrid, or decomposed substance, or
such oleomargarine or margarine or butter is otherwise unfit for food.
deleted text end

Sec. 14.

Minnesota Statutes 2010, section 31.123, is amended to read:

31.123 FOOD MISBRANDING.

A food deleted text begin shall be deemed to bedeleted text end new text begin isnew text end misbrandeddeleted text begin :deleted text end new text begin if it is covered by section 34A.03.
new text end

deleted text begin (a) If its labeling is false or misleading in any particular, or if its labeling, whether on
the commodity itself, its container or its package, fails to conform with the requirements
of Laws 1974, chapter 84;
deleted text end

deleted text begin (b) If it is offered for sale under the name of another food;
deleted text end

deleted text begin (c) If it is an imitation of another food for which a definition and standard of identity
have been prescribed by rules as provided by sections 31.10 and 31.102; or if it is an
imitation of another food that is not subject to clause (g), unless in either case its label
bears in type of uniform size and prominence the word "imitation" and immediately
thereafter the name of the food imitated;
deleted text end

deleted text begin (d) If its container is so made, formed, or filled as to be misleading;
deleted text end

deleted text begin (e) If in package form, unless it bears a label containing (1) the name and place of
business of the manufacturer, packer, or distributor, and (2) an accurate statement of
the net quantity of the contents in terms of weight, measure, or numerical count, which
statement shall be separately and accurately stated in a uniform location upon the principal
display panel of the label; provided, that under this subclause reasonable variations shall
be permitted, and exemptions as to small packages shall be established by rules prescribed
by the commissioner;
deleted text end

deleted text begin (f) If any word, statement, or other information required by or under authority of
the Minnesota Food Law to appear on the label or labeling is not prominently placed
thereon with such conspicuousness (as compared with other words, statements, designs, or
devices, in the labeling) and in such terms as to render it likely to be read and understood
by the ordinary individual under customary conditions of purchase and use;
deleted text end

deleted text begin (g) If it purports to be or is represented as a food for which a definition and standard
of identity have been prescribed by rules as provided by sections 31.10 and 31.102,
unless (1) it conforms to such definition and standard, and (2) its label bears the name
of the food specified in the definition and standard, and, insofar as may be required by
such rules, the common names of optional ingredients (other than spices, flavoring, and
coloring) present in such food;
deleted text end

deleted text begin (h) If it purports to be or is represented as (1) a food for which a standard of quality
has been prescribed by rules as provided by sections 31.10 and 31.102, and its quality falls
below such standard unless its label bears, in such manner and form as such rules specify,
a statement that it falls below such standard, or (2) a food for which a standard or standards
of fill of container have been prescribed by rule as provided by sections 31.10 and 31.102,
and it falls below the standard of fill of container applicable thereto unless its label bears, in
such manner and form as such rules specify, a statement that it falls below such standard;
deleted text end

deleted text begin (i) If it is not subject to the provisions of clause (g), unless it bears labeling clearly
giving (1) the common or usual name of the food, if any there be, and (2) in case it
is fabricated from two or more ingredients, the common or usual name of each such
ingredient; except that spices, flavorings, and colorings, other than those sold as such,
may be designated as spices, flavorings, and colorings, without naming each; provided,
that to the extent that compliance with the requirements of this subclause is impractical
or results in deception or unfair competition, exemptions shall be established by rules
promulgated by the commissioner;
deleted text end

deleted text begin (j) If it purports to be or is represented for special dietary uses, unless its label
bears such information concerning its vitamin, mineral, and other dietary properties as
the commissioner determines to be, and by rules prescribes as, necessary in order to fully
inform purchasers as to its value for such uses;
deleted text end

deleted text begin (k) If it bears or contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling stating that fact; provided, that to the extent that
compliance with the requirements of this clause is impracticable, exemptions shall be
established by rules promulgated by the commissioner. The provisions of this clause and
clauses (g) and (i) with respect to artificial coloring do not apply to butter, cheese or ice
cream. The provisions with respect to chemical preservatives do not apply to a pesticide
chemical when used in or on a raw agricultural commodity which is the product of the soil;
deleted text end

deleted text begin (l) If it is a raw agricultural commodity which is the product of the soil, bearing or
containing a pesticide chemical applied after harvest, unless the shipping container of such
commodity bears labeling which declares the presence of such chemical in or on such
commodity and the common or usual name and the function of such chemical; provided,
however, that no such declaration shall be required while such commodity, having been
removed from the shipping container, is being held or displayed for sale at retail out of
such container in accordance with the custom of the trade;
deleted text end

deleted text begin (m) If it is a product intended as an ingredient of another food and when used
according to the directions of the purveyor will result in the final food product being
adulterated or misbranded;
deleted text end

deleted text begin (n) If it is a color additive unless its packaging and labeling are in conformity with
such packaging and labeling requirements applicable to such color additive prescribed
under the provisions of the federal act.
deleted text end

Sec. 15.

Minnesota Statutes 2010, section 31A.02, subdivision 13, is amended to read:

Subd. 13.

Adulterated.

"Adulterated" means deleted text begin a carcass, part of a carcass, meat,
poultry, poultry food product, or meat food product under one or more of the following
circumstances:deleted text end new text begin an item is covered by section 34A.02.
new text end

deleted text begin (a) if it bears or contains a poisonous or harmful substance which may render
it injurious to health; but if the substance is not an added substance, the article is not
adulterated if the quantity of the substance in or on the article does not ordinarily make it
injurious to health;
deleted text end

deleted text begin (b) if it bears or contains, by administration of a substance to the live animal or
otherwise, an added poisonous or harmful substance, other than (1) a pesticide chemical in
or on a raw agricultural commodity; (2) a food additive; or (3) a color additive, which
may, in the judgment of the commissioner, make the article unfit for human food;
deleted text end

deleted text begin (c) if it is, in whole or in part, a raw agricultural commodity that bears or contains a
pesticide chemical which is unsafe within the meaning of section 408 of the Federal
Food, Drug, and Cosmetic Act;
deleted text end

deleted text begin (d) if it bears or contains a food additive which is unsafe within the meaning of
section 409 of the Federal Food, Drug, and Cosmetic Act;
deleted text end

deleted text begin (e) if it bears or contains a color additive which is unsafe within the meaning of
section 706 of the Federal Food, Drug, and Cosmetic Act;
deleted text end

deleted text begin (f) if it contains a filthy, putrid, or decomposed substance or is for any other reason
unfit for human food;
deleted text end

deleted text begin (g) if it has been prepared, packed, or held under unsanitary conditions so that it may
be contaminated with filth or harmful to health;
deleted text end

deleted text begin (h) if it is wholly or partly the product of an animal which has died otherwise than
by slaughter;
deleted text end

deleted text begin (i) if its container is wholly or partly composed of a poisonous or harmful substance
which may make the contents harmful to health;
deleted text end

deleted text begin (j) if it has been intentionally subjected to radiation, unless the use of the radiation
conformed with a regulation or exemption in effect under section 409 of the Federal
Food, Drug, and Cosmetic Act;
deleted text end

deleted text begin (k) if a valuable constituent has been wholly or partly omitted or removed from it;
if a substance has been wholly or partly substituted for it; if damage or inferiority has
been concealed; or if a substance has been added to it or mixed or packed with it so as
to increase its bulk or weight, reduce its quality or strength, or make it appear better
or of greater value than it is; or
deleted text end

deleted text begin (l) if it is margarine containing animal fat and any of the raw material used in it
wholly or partly consisted of a filthy, putrid, or decomposed substance.
deleted text end

Sec. 16.

Minnesota Statutes 2010, section 31A.02, subdivision 14, is amended to read:

Subd. 14.

Misbranded.

"Misbranded" means deleted text begin a carcass, part of a carcass, meat,
poultry, poultry food product, or meat food product under one or more of the following
circumstances:deleted text end new text begin an item is covered by section 34A.03.
new text end

deleted text begin (a) if its labeling is false or misleading;
deleted text end

deleted text begin (b) if it is offered for sale under the name of another food;
deleted text end

deleted text begin (c) if it is an imitation of another food, unless its label bears, in type of uniform
size and prominence, the word "imitation" followed immediately by the name of the
food imitated;
deleted text end

deleted text begin (d) if its container is made, formed, or filled so as to be misleading;
deleted text end

deleted text begin (e) if its package or other container does not have a label showing (1) the name and
place of business of the manufacturer, packer, or distributor; and (2) an accurate statement
of the quantity of the contents in terms of weight, measure, or numerical count subject
to reasonable variations permitted and exemptions for small packages established in
rules of the commissioner;
deleted text end

deleted text begin (f) if a word, statement, or other information required by or under authority of this
chapter to appear on the label or other labeling is not prominently and conspicuously
placed on the label or labeling in terms that make it likely to be read and understood by the
ordinary individual under customary conditions of purchase and use;
deleted text end

deleted text begin (g) if it is represented as a food for which a definition and standard of identity or
composition has been prescribed by rules of the commissioner under section 31A.07,
unless (1) it conforms to the definition and standard, and (2) its label bears the name of the
food specified in the definition and standard and, if required by the rules, the common
names of optional ingredients, other than spices, flavoring, and coloring, present in the
food;
deleted text end

deleted text begin (h) if it is represented as a food for which a standard of fill of container has been
prescribed by rules of the commissioner under section 31A.07, and it falls below the
applicable standard of fill of container, unless its label bears, in the manner and form the
rules specify, a statement that it falls below the standard;
deleted text end

deleted text begin (i) if it is not subject to paragraph (g), unless its label bears (1) the usual name of
the food, if there is one, and (2) in case it is fabricated from two or more ingredients,
the common or usual name of each ingredient; except that spices, flavorings, and
colorings may, when authorized by the commissioner, be designated as spices, flavorings,
and colorings without naming each. To the extent that compliance with clause (2) is
impracticable, or results in deception or unfair competition, the commissioner shall
establish exemptions by rule;
deleted text end

deleted text begin (j) if it purports to be or is represented for special dietary uses, unless its label bears
the information concerning its vitamin, mineral, and other dietary properties that the
commissioner, after consultation with the Secretary of Agriculture of the United States,
determines by rule to be necessary to inform purchasers of its value for special dietary uses;
deleted text end

deleted text begin (k) if it bears or contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling stating that fact;
deleted text end

deleted text begin (l) if it fails to bear, directly or on its container, as the commissioner by rule
prescribes, the inspection legend and other information the commissioner may require by
rule to assure that it will not have false or misleading labeling and that the public will be
told how to keep the article wholesome.
deleted text end

Sec. 17.

Minnesota Statutes 2010, section 31A.02, subdivision 15, is amended to read:

Subd. 15.

Label.

"Label" deleted text begin means a display of written, printed, or graphic matter on
an article's immediate container, not including package linersdeleted text end new text begin has the meaning given
in section 34A.01, subdivision 6new text end .

Sec. 18.

Minnesota Statutes 2010, section 31A.02, subdivision 16, is amended to read:

Subd. 16.

Labeling.

"Labeling" deleted text begin means labels and other written, printed, or graphic
matter (1) on an article or its containers or wrappers, or (2) accompanying an articledeleted text end new text begin has
the meaning given in section 34A.01, subdivision 7new text end .

Sec. 19.

Minnesota Statutes 2010, section 31A.23, is amended to read:

31A.23 DETENTION OF ANIMALS OR PRODUCTS.

This section applies to a carcass, part of a carcass, meat, or meat food product of an
animal, a product exempted from the definition of a meat food product, or a dead, dying,
disabled, or diseased animal. If an authorized representative of the commissioner finds
such an article or animal on premises where it is held for purposes of, during, or after
distribution in intrastate commerce, and there is reason to believe that it is adulterated or
misbranded and is usable as human food, or that it has not been inspected, in violation of
sections 31A.01 to 31A.16, the Federal Meat Inspection Act, or the Federal Food, Drug,
and Cosmetic Act, or that the article or animal has been or is intended to be distributed in
violation of a provision of those laws, it may be detained by the representative for up to
20 days pending action under section deleted text begin 31A.24deleted text end new text begin 34A.11, subdivision 2, new text end or notification of
federal authorities having jurisdiction over the article or animal. It must not be moved
by a person, firm, or corporation from the place at which it is located when detained,
until released by the representative. The representative may require all official marks to
be removed from the article or animal before it is released unless the commissioner is
satisfied that the article or animal is eligible to retain the official marks.

Sec. 20.

Minnesota Statutes 2010, section 32.01, subdivision 11, is amended to read:

Subd. 11.

Adulterated.

"Adulterated" deleted text begin has the meaning given it in section 31.01,
subdivision 19, and acts amendatory thereofdeleted text end new text begin means an item is covered by section 34A.02new text end .

Sec. 21.

Minnesota Statutes 2010, section 32.01, subdivision 12, is amended to read:

Subd. 12.

Misbranded.

"Misbranded" or "misbranding" deleted text begin has the meaning given
in section 31.01, subdivision 5, and acts amendatory thereofdeleted text end new text begin means an item is covered
by section 34A.03new text end .

Sec. 22.

new text begin [34A.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section and chapters 28, 28A,
29, 30, 31, 31A, 32, and 34 apply to this chapter. The definitions in this section apply
to chapter 32.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of agriculture.
new text end

new text begin Subd. 3. new text end

new text begin Federal act. new text end

new text begin "Federal act" means the federal Food, Drug, and Cosmetic
Act, as amended, United States Code, title 21, sections 301 et seq.
new text end

new text begin Subd. 4. new text end

new text begin Food. new text end

new text begin "Food" means every ingredient used for, entering into the
consumption of, or used or intended for use in the preparation of food, drink, confectionery,
or condiment for humans or other animals, whether simple, mixed, or compound; and
articles used as components of these ingredients.
new text end

new text begin Subd. 5. new text end

new text begin Frozen food. new text end

new text begin "Frozen food" is food that is processed and preserved by
freezing and which is intended to be sold in the frozen state.
new text end

new text begin Subd. 6. new text end

new text begin Label. new text end

new text begin "Label" means a display of written, printed, or graphic matter
upon or affixed to the container of any food, and includes a like display, if required by
law or rule, on the outside container or wrapper, if there is one, of the retail package
of the food, not including package liners.
new text end

new text begin Subd. 7. new text end

new text begin Labeling. new text end

new text begin "Labeling" means labels and other written, printed, or graphic
matter:
new text end

new text begin (1) on food or its containers or wrappers;
new text end

new text begin (2) accompanying or supporting food; or
new text end

new text begin (3) a placard in, on, or adjacent to the food.
new text end

new text begin Subd. 8. new text end

new text begin Nonperishable food. new text end

new text begin "Nonperishable food" is food with a shelf life of
more than 90 days and that is not perishable food, readily perishable food, or frozen food.
new text end

new text begin Subd. 9. new text end

new text begin Perishable food. new text end

new text begin "Perishable food" means food including, but not limited
to, fresh fruits, fresh vegetables, and other products that need protection from extremes of
temperatures in order to avoid decomposition by microbial growth or otherwise.
new text end

new text begin Subd. 10. new text end

new text begin Person. new text end

new text begin "Person" means any individual, firm, partnership, cooperative,
society, joint stock association, association, company, or corporation and includes any
officer, employee, agent, trustee, receiver, assignee, or other similar business entity or
representative of one of those entities.
new text end

new text begin Subd. 11. new text end

new text begin Readily perishable food. new text end

new text begin "Readily perishable food" is food or a food
ingredient consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry,
or other food or food ingredient that is capable of supporting growth of infectious or
toxigenic microorganisms. Readily perishable food requires time and temperature control
to limit pathogenic microorganism growth or toxin formation.
new text end

new text begin Subd. 12. new text end

new text begin Sell; sale. new text end

new text begin "Sell" and "sale" mean keeping, offering, or exposing for sale,
use, transporting, transferring, negotiating, soliciting, or exchanging food; having in
possession with intent to sell, use, transport, negotiate, solicit, or exchange food; storing,
manufacturing, producing, processing, packing, and holding of food for sale; dispensing or
giving food; or supplying or applying food in the conduct of any food operation or carrying
food in aid of traffic in food whether done or permitted in person or through others.
new text end

Sec. 23.

new text begin [34A.012] EXCLUSIONS.
new text end

new text begin The following items are not perishable food, readily perishable food, or frozen food:
new text end

new text begin (1) packaged pickles;
new text end

new text begin (2) jellies, jams, and condiments in sealed containers;
new text end

new text begin (3) bakery products such as bread, rolls, buns, donuts, fruit-filled pies, and pastries;
new text end

new text begin (4) dehydrated packaged food;
new text end

new text begin (5) dry or packaged food with a water activity that precludes development of
microorganisms; and
new text end

new text begin (6) food in unopened hermetically sealed containers that is commercially processed
to achieve and maintain commercial sterility under conditions of nonrefrigerated storage
and distribution.
new text end

Sec. 24.

new text begin [34A.02] ADULTERATION.
new text end

new text begin Food is adulterated if:
new text end

new text begin (1) it bears or contains any poisonous or deleterious substance which may render
it injurious to health; but if the substance is not an added substance, the item is not
adulterated under this clause if the quantity of the substance in the item does not ordinarily
render it injurious to health;
new text end

new text begin (2) it bears or contains any added poisonous, deleterious, or nonnutritive substance,
other than one which is a pesticide in or on a raw agricultural commodity; a food additive;
or a color additive, that is unsafe within the meaning of section 31.122 or section 406
of the federal act;
new text end

new text begin (3) it bears or contains, by administration of a substance to the live animal or
otherwise, an added poisonous or harmful substance, other than a pesticide in or on a raw
agricultural commodity, a food additive, or a color additive, that may, in the judgment of
the commissioner, make the article unfit for human food;
new text end

new text begin (4) it is unsafe or bears or contains any food additive that is unsafe within the
meaning of section 31.122 or section 409 of the federal act;
new text end

new text begin (5) it is or bears or contains any color additive that is unsafe within the meaning of
section 31.122 or section 706 of the federal act;
new text end

new text begin (6) it is a raw agricultural commodity and it bears or contains a pesticide that is
unsafe within the meaning of section 31.122 or section 408 of the federal act;
new text end

new text begin (7) it consists in whole or in part of a diseased, contaminated, filthy, putrid, or
decomposed substance, or if it is otherwise unfit for food;
new text end

new text begin (8) it has been produced, prepared, packed, or held under unsanitary conditions
whereby it may have become contaminated with filth, or whereby it may have been
rendered diseased, unwholesome, or injurious to health;
new text end

new text begin (9) it is in whole or in part the product of a diseased animal or of an animal which
has died otherwise than by slaughter that is unsafe within the meaning of section 402(a)(1)
or (2) of the federal act, or of an animal that has been fed upon the uncooked offal from a
slaughterhouse;
new text end

new text begin (10) its container is wholly or partly composed of any poisonous or deleterious
substance that may render the contents injurious to health;
new text end

new text begin (11) it has been intentionally subjected to radiation, unless the use of the radiation
was in conformity with a rule, regulation, or exemption in effect pursuant to section
31.122 or section 409 of the federal act;
new text end

new text begin (12) any valuable constituent has been in whole or in part omitted or abstracted
therefrom; if any substance has been substituted wholly or in part therefor; or if damage or
inferiority has been concealed in any manner;
new text end

new text begin (13) any substance has been added to it or mixed or packed with it so as to increase
its bulk or weight, reduce its quality or strength, or make it appear better or of greater
value than it is;
new text end

new text begin (14) its composition or quality falls below or differs from that which it is purported
or is represented to possess by its labeling; or
new text end

new text begin (15) it is confectionery and:
new text end

new text begin (i) has partially or completely imbedded therein any nonnutritive object; provided,
that this clause does not apply in the case of any nonnutritive object if in the judgment
of the commissioner, as provided by rules, the object is of practical functional value to
the confectionery product and would not render the product injurious or hazardous to
human or animal health; or
new text end

new text begin (ii) bears or contains any nonnutritive substance; provided that this item does not
apply to a confection containing alcohol as defined in section 31.76, or a safe nonnutritive
substance which is in or on confectionery by reason of its use for some practical functional
purpose in the manufacture, packaging, or storing of the confectionery if the use of the
substance does not promote deception of the consumer or otherwise result in adulteration
or misbranding in violation of this chapter, and provided further that the commissioner
may, for the purpose of avoiding or resolving uncertainty as to the application of this
clause, issue rules allowing or prohibiting the use of particular nonnutritive substances.
new text end

Sec. 25.

new text begin [34A.03] MISBRANDING.
new text end

new text begin (a) Food is misbranded if:
new text end

new text begin (1) its labeling is false or misleading in any particular, or its labeling, whether on
the item itself, its container, or its package, fails to conform with the requirements of
this chapter;
new text end

new text begin (2) it is offered for sale or distributed under the name of another food;
new text end

new text begin (3) it is an imitation of another food for which a definition and standard of identity
have been prescribed by rules as provided by sections 31.10 and 31.102; or if it is an
imitation of another food that is not subject to clause (5), unless in either case its label
bears in type of uniform size and prominence the word "imitation" and immediately
thereafter the name of the food imitated;
new text end

new text begin (4) its container is so made, formed, or filled as to be misleading;
new text end

new text begin (5) it purports to be or is represented as a food for which a definition and standard
of identity have been prescribed by rules as provided by sections 31.10, 31.102, and
31A.07, unless it conforms to that definition and standard, and its label bears the name
of the food specified in the definition and standard, and insofar as may be required by
the rules, the common names of optional ingredients, other than spices, flavoring, and
coloring, present in the food;
new text end

new text begin (6) it purports to be or is represented as:
new text end

new text begin (i) a food for which a standard of quality has been prescribed by rules as provided by
sections 31.10 and 31.102, and its quality falls below that standard unless its label bears in
a manner and form the rules specify, a statement that it falls below the standard; or
new text end

new text begin (ii) a food for which a standard or standards of fill of container have been prescribed
by rule as provided by sections 31.10, 31.102, and 31A.07, and it falls below the standard
of fill of container applicable thereto unless its label bears, in a manner and form the rules
specify, a statement that it falls below the standard;
new text end

new text begin (7) it is not subject to clause (5), unless it bears labeling clearly giving the common
or usual name of the food, if there is one, and in case it is fabricated from two or more
ingredients, the common or usual name of each ingredient, except that spices, flavorings,
and colorings, other than those sold as such, may be designated as spices, flavorings, and
colorings, without naming each; provided, that to the extent that compliance with the
requirements of this clause is impractical or results in deception or unfair competition,
exemptions must be established by rules promulgated by the commissioner;
new text end

new text begin (8) it purports to be or is represented for special dietary uses, unless its label
bears information concerning its vitamin, mineral, and other dietary properties as the
commissioner determines to be, and by rules prescribed as, necessary in order to fully
inform purchasers as to its value for those uses;
new text end

new text begin (9) it bears or contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling stating that fact; provided that, to the extent that
compliance with the requirements of this clause is impracticable, exemptions must be
established by rules promulgated by the commissioner. The provisions of this clause and
clauses (5) and (7) with respect to artificial coloring do not apply to butter, cheese, or ice
cream. The provisions with respect to chemical preservatives do not apply to a pesticide
when used in or on a raw agricultural commodity which is the product of the soil;
new text end

new text begin (10) it is a product intended as an ingredient of another food and when used
according to the directions of the purveyor will result in the final food product being
adulterated or misbranded;
new text end

new text begin (11) it is a color additive unless its packaging and labeling are in conformity with
such packaging and labeling requirements applicable to the color additive prescribed
under the provisions of the federal act;
new text end

new text begin (12) it is food subject to section 31.101, subdivision 10, or chapter 31A, that fails to
bear, directly or on its container, as the commissioner by rule prescribes, the inspection
legend and other information the commissioner may require by rule to ensure that it
will not have false or misleading labeling, and that the public will be told how to keep
the article wholesome; or
new text end

new text begin (13) its labeling would deceive or mislead the purchaser with respect to its
composition or suitability.
new text end

new text begin (b) Food is also misbranded if it is a raw agricultural commodity which is the
product of the soil, bearing or containing a pesticide applied after harvest, unless the
shipping container of that commodity bears labeling which declares the presence of the
chemical in or on the commodity and the common or usual name and the function of the
chemical. No such declaration is required while the commodity, having been removed
from the shipping container, is being held or displayed for sale at retail out of the container
in accordance with the custom of the trade.
new text end

Sec. 26.

new text begin [34A.04] ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Enforcement required. new text end

new text begin (a) The commissioner shall enforce this
chapter and chapters 28, 28A, 29, 30, 31, 31A, 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.
new text end

new text begin (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.
new text end

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

new text begin (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 end

new text begin Subd. 2. new text end

new text begin Commissioner's discretion. new text end

new text begin If minor violations of this chapter occur or
the commissioner believes the public interest will be best served by a suitable notice of
warning in writing, this chapter does not require the commissioner to take any additional
action.
new text end

new text begin Subd. 3. new text end

new text begin Civil actions. new text end

new text begin Civil judicial enforcement actions may be brought by the
attorney general in the name of the state on behalf of the commissioner. A county attorney
may bring a civil judicial enforcement action upon the request of the commissioner and
agreement by the attorney general.
new text end

new text begin Subd. 4. new text end

new text begin Injunction. new text end

new text begin The commissioner may apply to a court with jurisdiction for a
temporary or permanent injunction to prevent, restrain, or enjoin violations of provisions
of this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Criminal actions. new text end

new text begin Each county attorney or city attorney to whom the
commissioner reports any violation of this chapter shall consider instituting appropriate
proceedings in the proper courts and prosecuting them in the manner required by law. If
the county or city attorney refuses to prosecute, the attorney general, on request of the
commissioner, may prosecute.
new text end

Sec. 27.

new text begin [34A.05] FALSE STATEMENT OR RECORD.
new text end

new text begin A person must not knowingly make or offer a false statement, record, or other
information as part of:
new text end

new text begin (1) an application for registration, listing, license, certification, or permit subject
to this chapter;
new text end

new text begin (2) records or reports required subject to this chapter; or
new text end

new text begin (3) an investigation of a violation of this chapter.
new text end

Sec. 28.

new text begin [34A.06] ADMINISTRATIVE ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Administrative enforcement. new text end

new text begin (a) The commissioner may enforce
this chapter by written warning, administrative meeting, cease and desist, forced sale,
detain, embargo, condemnation, citation, corrective action order, seizure, agreement,
withdrawal from distribution, or administrative penalty if the commissioner determines
that the remedy is in the public interest.
new text end

new text begin (b) For facilities required to submit a plan review under rules of the commissioner of
agriculture, the commissioner may withdraw by written order the approval of a facility or
equipment if:
new text end

new text begin (1) hazards to human life exist; or
new text end

new text begin (2) there is satisfactory evidence that the person to whom the approval was issued
has used fraudulent or deceptive practices to evade or attempt to evade provisions of
this chapter.
new text end

new text begin (c) Any action under this subdivision may be appealed pursuant to section 34A.08.
new text end

new text begin Subd. 2. new text end

new text begin License revocation, suspension, and refusal. new text end

new text begin (a) The commissioner
may revoke, suspend, limit, modify, or refuse to grant or renew a registration, listing,
permit, license, or certification if a person violates or has violated this chapter within
the last three years.
new text end

new text begin (b) The commissioner may revoke, suspend, limit, modify, or refuse to grant or
renew a registration, listing, permit, license, or certification to a person from another state
if that person has had a registration, permit, license, or certification denied, revoked,
or suspended by another state for an offense reasonably related to the requirements,
qualifications, or duties of a registration, permit, license, or certification issued under
this chapter.
new text end

new text begin (c) The commissioner may revoke, suspend, limit, modify, or refuse to grant or
renew a registration, listing, permit, license, or certification to a person after receiving
satisfactory evidence that the registrant, permittee, licensee, or certificate holder has used
fraudulent and deceptive practices in the evasion or attempted evasion of this chapter.
new text end

new text begin (d) A registration, listing, permit, license, or certification may not be revoked or
suspended until the registrant, permittee, licensee, or certificate holder has been given
opportunity for a hearing by the commissioner. After receiving notice of revocation or
suspension, a registrant, permittee, licensee, registrant, or certificate holder has ten days to
request a hearing, or another time period mutually agreed to by both parties. If no request is
made within ten days or other agreed-upon time, the registration, listing, permit, license, or
certification is revoked or suspended. In the case of a refusal to grant a registration, listing,
permit, license, or certification, the registrant, permittee, licensee, registrant, or certificate
holder has ten days from notice of refusal to request a hearing. Upon receiving a request
for hearing, the department shall proceed pursuant to section 34A.08, subdivision 2.
new text end

Sec. 29.

new text begin [34A.07] ADMINISTRATIVE PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Assessment. new text end

new text begin (a) In determining the amount of the administrative
penalty, the commissioner shall consider the economic gain received by the person
allowing or committing the violation, the gravity of the violation in terms of actual or
potential damage to human or animal health and the environment, the willfulness of the
violation, number of violations, history of past violations, and other factors justice may
require, if the additional factors are specifically identified in the inspection report. For a
violation after an initial violation, the commissioner shall also consider the similarity of
the most recent previous violation and the violation to be penalized, the time elapsed since
the last violation, the number of previous violations, and the response of the person to the
most recent previous violation identified.
new text end

new text begin (b) The commissioner may issue an administrative citation assessing an
administrative penalty of up to $1,500 for each violation of this chapter. Each day a
violation continues is a separate violation. The citation must describe the nature of the
violation, the statute or rule alleged to have been violated, 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 20 days, or another time period mutually agreed
to by the commissioner and the person subject to the citation, if the person wishes to
appeal the citation and that if the person fails to appeal the citation, the citation is the
final order and not subject to further review.
new text end

new text begin (c) An administrative penalty may be assessed if the person subject to a written order
does not comply with the order in the time provided in the order.
new text end

new text begin Subd. 2. new text end

new text begin Collection of penalty. new text end

new text begin (a) If a person subject to an administrative penalty
fails to pay the penalty, which must be part of a final citation by the commissioner, by 30
days after the final order is issued, the commissioner may commence a civil action for
double the assessed penalty plus attorney fees and costs.
new text end

new text begin (b) An administrative penalty may be recovered in a civil action in the name of the
state brought in the district court of the county where the violation is alleged to have
occurred or the district court where the commissioner has an office.
new text end

Sec. 30.

new text begin [34A.08] APPEAL OF ADMINISTRATIVE ACTION OR PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Notice of appeal. new text end

new text begin (a) After service of a citation under section 34A.07
or order under section 34A.06, subdivision 1, a person has 20 days from receipt of the
citation or order, or another time period mutually agreed to by the commissioner and the
person subject to the citation or order, to notify the commissioner in writing that the
person intends to contest the citation or order through a hearing. The hearing request
must specifically identify the order or citation being contested and state the grounds for
contesting it.
new text end

new text begin (b) If the person fails to notify the commissioner that the person intends to contest
the citation or order, the citation or order is final and not subject to further judicial or
administrative review.
new text end

new text begin Subd. 2. new text end

new text begin Administrative review. new text end

new text begin If a person notifies the commissioner that
the person intends to contest a citation or order issued under this chapter, the Office
of Administrative Hearings shall conduct a hearing in accordance with the applicable
provisions of chapter 14 for hearings in contested cases.
new text end

Sec. 31.

new text begin [34A.09] CIVIL PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin General penalty. new text end

new text begin A person who violates this chapter or an order,
standard, stipulation, agreement, citation, or schedule of compliance of the commissioner
or impedes, hinders, or otherwise prevents or attempts to prevent performance of a duty
by the commissioner in connection with this chapter is subject to a civil penalty of up to
$7,500 per day of violation as determined by the court.
new text end

new text begin Subd. 2. new text end

new text begin Actions to compel performance. new text end

new text begin In an action to compel performance of
an order of the commissioner to enforce this chapter, the court must require a defendant
adjudged responsible to perform the acts within the person's power that are reasonably
necessary to accomplish the purposes of the order.
new text end

new text begin Subd. 3. new text end

new text begin Recovery of penalties by civil action. new text end

new text begin The civil penalties and payments
provided for in this section may be recovered by a civil action brought by the county
attorney or the attorney general in the name of the state.
new text end

Sec. 32.

new text begin [34A.10] CRIMINAL PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin General violation. new text end

new text begin Except as provided in subdivisions 2 and 3, a
person is guilty of a misdemeanor if the person violates this chapter or an order, standard,
citation, stipulation, agreement, or schedule of compliance of the commissioner, or
impedes, hinders, or otherwise prevents, or attempts to prevent the commissioner or a
duly authorized agent in performance of a duty in connection with this chapter. Unless
otherwise specified in this chapter, each separate violation is a separate offense, except
that in the case of a violation through continuing failure or neglect to obey this chapter,
each day the failure or neglect continues is a separate offense.
new text end

new text begin Subd. 2. new text end

new text begin Violation endangering humans or animals. new text end

new text begin A person is guilty of a
gross misdemeanor if the person violates this chapter or an order, standard, stipulation,
agreement, or schedule of compliance of the commissioner and the violation endangers
humans or animals.
new text end

new text begin Subd. 3. new text end

new text begin Violation with knowledge. new text end

new text begin A person is guilty of a gross misdemeanor if
the person knowingly violates this chapter or an order, standard, stipulation, agreement, or
schedule of compliance of the commissioner.
new text end

Sec. 33.

new text begin [34A.11] EMBARGO, SEIZURE, AND CONDEMNATION.
new text end

new text begin Subdivision 1. new text end

new text begin Tag, notice, or withdrawal from distribution. new text end

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

new text begin Subd. 2. new text end

new text begin Seizure. new text end

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

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

new text begin (2) it is usable as human food and is adulterated or misbranded; or
new text end

new text begin (3) it is in any other way in violation of this chapter.
new text end

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

new text begin Subd. 3. new text end

new text begin Action for condemnation. new text end

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

new text begin Subd. 4. new text end

new text begin Remedies. new text end

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

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

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

new text begin Subd. 5. new text end

new text begin Duties of commissioner. new text end

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

new text begin Subd. 6. new text end

new text begin Emergency response. new text end

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

Sec. 34.

new text begin [34A.12] POWERS OF THE COMMISSIONER.
new text end

new text begin Subdivision 1. new text end

new text begin Gathering information. new text end

new text begin The commissioner may, for the purposes
of this chapter:
new text end

new text begin (1) gather and compile information concerning and investigate the organization,
business, conduct, practices, and management of a person in intrastate commerce and
the person's relation to other persons; and
new text end

new text begin (2) require, by general or special orders, a person, persons, or a class of persons
engaged in intrastate commerce to file with the commissioner, in the form the
commissioner prescribes, annual and special reports or answers in writing to specific
questions, giving the commissioner the information the commissioner requires about the
organization, business, conduct, practices, management, and relation to other persons, of
the person filing the reports or answers. The reports and answers must be made under
oath, or otherwise, as the commissioner prescribes, and filed with the commissioner within
a reasonable time the commissioner prescribes, unless additional time is granted by the
commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Examination of documents for evidence. new text end

new text begin (a) For purposes of this
chapter, the commissioner must at all reasonable times be allowed to examine and
copy documentary evidence of a person being investigated or proceeded against. The
commissioner may subpoena witnesses and require the production of documentary
evidence of a person relating to any matter under investigation. The commissioner
may sign subpoenas, administer oaths and affirmations, examine witnesses, and receive
evidence.
new text end

new text begin (b) Attendance of witnesses and the production of documentary evidence may
be required at a designated hearing place. In case of disobedience to a subpoena, the
commissioner may invoke the aid of the district court to require the attendance and
testimony of witnesses and the production of documentary evidence.
new text end

new text begin (c) The district court, in case of refusal to obey a subpoena issued to a person, may
issue an order requiring the person to appear before the commissioner or to produce
documentary evidence if ordered, or to give evidence touching the matter in question.
Failure to obey the order of the court may be punishable by the court as a contempt.
new text end

new text begin (d) Upon the application of the attorney general at the request of the commissioner,
the district court may order a person to comply with this chapter or an order of the
commissioner made under this chapter.
new text end

new text begin (e) The commissioner may order testimony to be taken by deposition in a proceeding
or investigation pending under this chapter at any state of the proceeding or investigation.
Depositions may be taken before a person designated by the commissioner and having
power to administer oaths. The testimony must be reduced to writing by the person taking
the deposition or under the person's direction and must then be signed by the witness. A
person may be compelled to appear and depose and to produce documentary evidence
in the same manner as witnesses may be compelled to appear and testify and produce
documentary evidence before the commissioner.
new text end

new text begin (f) Witnesses summoned before the commissioner may be paid the same fees and
mileage that are paid witnesses in the district courts. Witnesses whose depositions are
taken and the persons taking them may be entitled to the fees that are paid for those
services in the district court.
new text end

new text begin (g) A person is not excused from attending and testifying or from producing books,
papers, schedules of charges, contracts, agreements, or other documentary evidence
before the commissioner or in obedience to the subpoena of the commissioner whether
the subpoena is signed or issued by the commissioner or the commissioner's agent, or in
any cause or proceeding, criminal or otherwise, based upon or growing out of an alleged
violation of this chapter because the testimony or evidence, documentary or otherwise,
required of the person may tend to incriminate the person or subject the person to a
penalty or forfeiture. No person may be prosecuted or subjected to a penalty or forfeiture
on account of a matter concerning which the person is compelled, after having claimed
a privilege against self-incrimination, to testify or produce evidence, documentary or
otherwise, except that a witness is not exempt from prosecution and punishment for
perjury committed in testifying.
new text end

new text begin Subd. 3. new text end

new text begin Penalties related to testimony and records. new text end

new text begin (a) A person who neglects
or refuses to attend and testify, to answer a lawful inquiry, or to produce documentary
evidence, if it is in the person's power to do so in obedience to the subpoena or lawful
requirement of the commissioner, is guilty of a misdemeanor.
new text end

new text begin (b) A person who willfully:
new text end

new text begin (1) makes or causes to be made a false entry or statement of fact in a report required
under this chapter;
new text end

new text begin (2) makes or causes to be made a false entry in an account, record, or memorandum
kept by a person subject to this chapter;
new text end

new text begin (3) neglects or fails to make or to cause to be made full and correct entries in the
accounts, records, or memoranda, of all facts and transactions relating to the person's
business;
new text end

new text begin (4) leaves the jurisdiction of this state;
new text end

new text begin (5) mutilates, alters, or by any other means falsifies documentary evidence of a
person subject to this chapter; or
new text end

new text begin (6) refuses to submit to the commissioner, for inspection and copying, any
documentary evidence of a person subject to this chapter in the person's possession or
control, is guilty of a misdemeanor.
new text end

new text begin (c) A person required by this chapter to file an annual or special report who fails to
do so within the time fixed by the commissioner for filing the report and continues the
failure for 30 days after notice of failure to file, is guilty of a misdemeanor.
new text end

new text begin (d) An officer or employee of this state who makes public information obtained by
the commissioner without the commissioner's authority, unless directed by a court, is
guilty of a misdemeanor.
new text end

Sec. 35. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2010, sections 28.15; 28A.12; 28A.13; 29.28; 31.031;
31.041; 31.05; 31.14; 31.393; 31.58; 31.592; 31.621, subdivision 5; 31.631, subdivision
4; 31.633, subdivision 2; 31.681; 31.74, subdivision 3; 31.91; 31A.24; 31A.26; and
34.113, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 1540.0010, subpart 26; 1550.0930, subparts 3, 4, 5, 6,
and 7; 1550.1040, subparts 3, 4, 5, and 6; and 1550.1260, subparts 6 and 7, new text end new text begin are repealed.
new text end

SF 2061

Bill Text Versions

Current Version - 2nd Engrossment

ARTICLE 1

AGRICULTURE POLICY

Section 1.

Subd. 3.

Duties.

Sec. 2.

Subd. 4.

Integrated pest management.

Sec. 3.

Subd. 2a.

Disposal site requirement.

Sec. 4.

new text begin Subd. 10. new text end

new text begin Indemnification. new text end

Sec. 5.

Subd. 6.

Agricultural pesticide sales invoices.

Sec. 6.

Subd. 14.

Infested.

Sec. 7.

Subdivision 1.

Creation of registry.

Sec. 8.

Subd. 7.

Supplemental, additional, or other certificates and permits.

Sec. 9.

new text begin Subd. 8. new text end

new text begin Misuse of a certificate or permit. new text end

Sec. 10.

Subd. 14.

Infested.

Sec. 11.

new text begin Subd. 16a. new text end

new text begin Nonhardy. new text end

Sec. 12.

18H.10 STORAGE OF NURSERY STOCK.

Sec. 13.

18H.14 LABELING AND ADVERTISING OF NURSERY STOCK.

Sec. 14.

18J.01 DEFINITIONS.

Sec. 15.

18J.02 DUTIES OF COMMISSIONER.

Sec. 16.

18J.03 CIVIL LIABILITY.

Sec. 17.

Subdivision 1.

Access and entry.

Sec. 18.

Subd. 2.

Purpose of entry.

Sec. 19.

Subd. 3.

Notice of inspection samples and analyses.

Sec. 20.

Subd. 4.

Inspection requests by others.

Sec. 21.

Subdivision 1.

Enforcement required.

Sec. 22.

Subd. 2.

Commissioner's discretion.

Sec. 23.

Subd. 6.

Agent for service of process.

Sec. 24.

18J.06 FALSE STATEMENT OR RECORD.

Sec. 25.

Subd. 3.

Cancellation of registration, permit, license, certification.

Sec. 26.

Subd. 4.

Service of order or notice.

Sec. 27.

Subd. 5.

Unsatisfied judgments.