SF 2061

as introduced - 87th Legislature (2011 - 2012) Posted on 03/14/2012 04:12pm

A bill for an act
relating to agriculture; modifying provisions related to pesticides, plants,
nursery law, inspections, enforcements, food, animals, grain, and weights and
measures; establishing Dairy Research, Teaching, and Consumer Education
Authority; requiring reports; amending Minnesota Statutes 2010, sections
17.114, subdivisions 3, 4; 18B.065, subdivision 2a, by adding a subdivision;
18B.316, subdivision 6; 18G.02, subdivision 14; 18G.07, subdivision 1; 18G.10,
subdivision 7, by adding a subdivision; 18H.02, subdivision 14, by adding a
subdivision; 18H.10; 18H.14; 18J.01; 18J.02; 18J.03; 18J.04, subdivisions 1, 2,
3, 4; 18J.05, subdivisions 1, 2, 6; 18J.06; 18J.07, subdivisions 3, 4, 5; 21.82,
subdivisions 7, 8; 31.13; 31.94; 35.0661, subdivisions 2, 3; 40A.17; 41A.12,
subdivisions 2, 4; 223.16, subdivision 12; 223.17, subdivisions 1, 4, 6, 9; 232.21,
subdivisions 2, 6, 12; 232.22, subdivisions 3, 4, 5, 7; 232.23, subdivisions 2, 5,
10; 232.24, subdivisions 1, 2; 239.092; 239.093; Laws 2011, chapter 14, section
6; proposing coding for new law as Minnesota Statutes, chapter 32C; repealing
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, 3; 17B.16; 17B.17; 17B.18; 17B.20; 17B.22,
subdivisions 1, 2; 17B.28; 17B.29; 27.19, subdivisions 2, 3; 27.20; 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; 395.24; 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, 25; 1562.0200;
1562.0400; 1562.0700; 1562.0900; 1562.1300; 1562.1800.

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

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 agriculture deleted text begin ; and deleted 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 county new text begin or for a group of counties under a joint powers
agreement or contract for household hazardous waste disposal new 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 weeds new text begin , or contains or harbors plant pests in a quantity that may threaten other
plants new 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 persons new 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 who deleted 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 by deleted text end new text begin with new 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 7 deleted text end new text begin 1 new 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 products new 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 products new 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 weeds new text begin , or contains or harbors plant pests in a quantity that may threaten other
plants new 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 and deleted text end new text begin , new text end 18H.02 new text begin , 27.01, 223.16, 231.01, and
232.21 new 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 or deleted 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 and deleted text end new text begin , new text end 18H,
new text begin 27, 223, 231, and 232; new text end sections 21.80 to 21.92 deleted 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 or deleted 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 or deleted text end new text begin , new text end 18H, new text begin 27, 223, 231, or
232; new text end sections 21.80 to 21.92 deleted 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 or deleted text end new text begin , new text end 18H, new text begin 27, 223,
231, or 232; new text end sections 21.80 to 21.92 deleted 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 or deleted text end new text begin , new text end
18H, new text begin 27, 223, 231, or 232; new text end sections 21.80 to 21.92 deleted 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 or deleted text end new text begin , new text end 18H, new text begin 27,
223, 231, or 232; new text end sections 21.80 to 21.92 deleted text begin , deleted text end new text begin ; new text end or associated rules;

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

(c) Blends must be listed on the label using the term "blend" 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 contents new 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 label deleted 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 contents deleted 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.

(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.

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

(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 label deleted 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 contents deleted 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 31.13, is amended to read:

31.13 ANALYSIS; EVIDENCE.

It shall be the duty of the deleted text begin chief chemist and assistants deleted 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 chemist deleted text end new text begin analyst
new text end making such deleted text begin analysis deleted text end new text begin determinations new text end or examination, under oath of such deleted text begin chemist deleted text end new text begin analyst new text end ,
shall be prima facie evidence in all courts of the matters and facts therein contained.

Sec. 31.

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-numbered deleted 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 include deleted 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. 32.

new text begin [32C.01] ORGANIZATION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Dairy Research, Teaching, and Consumer
Education Authority is established as a public corporation. The business of the authority
must be conducted under the name "Dairy Research, Teaching, and Consumer Education
Authority."
new text end

new text begin Subd. 2. new text end

new text begin Board of directors. new text end

new text begin The authority is governed by a board of nine directors.
The term of a director, except as otherwise provided in this subdivision, is four years.
The commissioner of agriculture is a member of the board. The governor shall appoint
four members of the board. Two of the members appointed by the governor must be
currently engaged in the business of operating a dairy. Two of the members appointed
by the governor must be representatives of Minnesota-based businesses actively engaged
in working with or serving Minnesota's dairy industry. The dean of the University of
Minnesota College of Food, Agriculture and Natural Resource Sciences, or the dean's
designee, is a member of the board. One member of the board must be a representative of
a state trade association that represents the interests of milk producers. One member of the
board must be a representative of the Minnesota Division of the Midwest Dairy Council.
One member of the board must be a member of the agricultural education faculty of the
Minnesota State Colleges and Universities System. The four members of the initial board
of directors who are appointed by the governor must be appointed for terms of four years,
and the other four members must be appointed for an initial term of two years. Vacancies
for the governor's appointed positions on the board must be filled by appointment of
the governor. Vacancies for other positions on the board must be filled by the named
represented entities. Board members must not be compensated for their services.
new text end

new text begin Subd. 3. new text end

new text begin Bylaws. new text end

new text begin The board must adopt bylaws necessary for the conduct of the
business of the authority, consistent with this chapter.
new text end

new text begin Subd. 4. new text end

new text begin Place of business. new text end

new text begin The board must locate and maintain the authority's
place of business within the state.
new text end

new text begin Subd. 5. new text end

new text begin Chair. new text end

new text begin The board must annually elect from among its members a chair and
other officers necessary for the performance of its duties.
new text end

new text begin Subd. 6. new text end

new text begin Meetings. new text end

new text begin The board must meet at least four times each year and may hold
additional meetings upon giving notice in accordance with the bylaws of the authority.
Board meetings are subject to chapter 13D.
new text end

new text begin Subd. 7. new text end

new text begin Conflict of interest. new text end

new text begin A director, employee, or officer of the authority may
not participate in or vote on a decision of the board relating to an organization in which
the director has either a direct or indirect financial interest.
new text end

new text begin Subd. 8. new text end

new text begin Economic interest statements. new text end

new text begin Directors and officers of the authority are
public officials for the purpose of section 10A.09, and must file statements of economic
interest with the Campaign Finance and Public Disclosure Board.
new text end

Sec. 33.

new text begin [32C.02] POWERS.
new text end

new text begin Subdivision 1. new text end

new text begin General corporate powers. new text end

new text begin (a) The authority has the powers granted
to a business corporation by section 302A.161, subdivisions 3; 4; 5; 7; 8; 9; 11; 12; 13,
except that the authority may not act as a general partner in any partnership; 14; 15; 16; 17;
18; and 22, and the powers necessary or convenient to exercise the enumerated powers.
new text end

new text begin (b) Section 302A.041 applies to this chapter and the authority in the same manner
that it applies to business corporations established under chapter 302A.
new text end

new text begin Subd. 2. new text end

new text begin Facility design; development and operation. new text end

new text begin The authority may enter into
management contracts, lease agreements, or both, with a Minnesota nonprofit corporation
to design, develop, and operate a facility to further the purposes of this chapter at the site
determined by the board and on the terms that the board finds desirable. The board must
identify and acquire a site that will accommodate the following facilities and activities:
new text end

new text begin (1) housing for bred and lactating animals;
new text end

new text begin (2) milking parlor;
new text end

new text begin (3) automatic milking systems;
new text end

new text begin (4) cross-ventilated and natural-ventilated housing;
new text end

new text begin (5) transition cow housing;
new text end

new text begin (6) special needs and hospital housing;
new text end

new text begin (7) classrooms and a conference room;
new text end

new text begin (8) dairy processing facility with retail;
new text end

new text begin (9) visitors' center;
new text end

new text begin (10) student housing;
new text end

new text begin (11) laboratory facilities;
new text end

new text begin (12) space to accommodate installation of an anaerobic digester system to research
energy production from feedstock produced on-site or from off-site sources; and
new text end

new text begin (13) space for feed storage to allow for research capabilities at the facility.
new text end

new text begin Notwithstanding the provisions of section 32C.01, subdivision 7, relating to conflict
of interest, a director or officer of the authority who is also a director, officer, or member
of a nonprofit corporation with which the authority enters into management contracts or
lease agreements may participate in and vote on the decision of the board as to the terms
and conditions of management contracts or lease agreements between the Minnesota
nonprofit corporation and the authority.
new text end

new text begin Subd. 3. new text end

new text begin Funds. new text end

new text begin The authority may accept and use gifts, grants, or contributions
from any source to support operation of the facility. Unless otherwise restricted by the
terms of a gift or bequest, the board may sell, exchange, or otherwise dispose of, and
invest or reinvest the money, securities, or other property given or bequeathed to it. The
principal of these funds, the income from them, and all other revenues received by the
authority from any nonstate source must be placed in depositories chosen by the board
and are subject to expenditure for the board's purposes. Expenditures of $25,000 or more
must be approved by the full board.
new text end

new text begin Subd. 4. new text end

new text begin Animals; regulation. new text end

new text begin The authority must comply with all applicable
laws and rules relating to quarantine, transportation, examination, habitation, care, and
treatment of animals.
new text end

Sec. 34.

new text begin [32C.03] EMPLOYEES.
new text end

new text begin (a) The board may hire an executive director of the authority and other employees
the board considers necessary to carry out the program, conduct research, and operate and
maintain facilities of the authority.
new text end

new text begin (b) Persons employed by contractors or lessees are not state employees and may
not participate in state retirement, deferred compensation, insurance, or other plans that
apply to state employees generally and are not subject to regulation by the Campaign
Finance and Public Disclosure Board, provided, however, that any employee of the state
or any employee or faculty member of the University of Minnesota or Minnesota State
Colleges and Universities System who teaches or conducts research at the authority does
not have their status as employees of the state, the University of Minnesota, or Minnesota
State Colleges and Universities System interrupted by virtue of having their employment
activity take place at facilities owned by the authority.
new text end

Sec. 35.

new text begin [32C.04] ACCOUNTS; AUDITS.
new text end

new text begin The authority may establish funds and accounts that it determines to be reasonable
and necessary to conduct the business of the authority. The board shall provide for and
pay the cost of an independent annual audit of its official books and records by the state
auditor. A copy of this audit must be filed with the secretary of state.
new text end

Sec. 36.

new text begin [32C.05] ANNUAL REPORT.
new text end

new text begin The board shall submit a report to the chairs of the senate and house of
representatives agriculture committees and the governor on the activities of the authority
and its contractors and lessees by February 1 of each year. The report must include at
least the following:
new text end

new text begin (1) a description of each of the programs that the authority has provided or
undertaken at some time during the previous year;
new text end

new text begin (2) an identification of the sources of funding in the previous year for the authority's
programs including federal, state, and local government, foundations, gifts, donations,
fees, and all other sources;
new text end

new text begin (3) a description of the administrative expenses of the authority during the previous
year;
new text end

new text begin (4) a listing of the assets and liabilities of the authority at the end of the previous
fiscal year;
new text end

new text begin (5) a description of any changes made to the operational plan during the previous
year; and
new text end

new text begin (6) a description of any newly adopted or significant changes to bylaws, policies,
rules, or programs created or administered by the authority during the previous year.
new text end

new text begin Reports must be made to the legislature as required by section 3.195.
new text end

Sec. 37.

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 control new text begin to restrict the movement of
livestock new 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. 38.

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 zones deleted text end new text begin off infected premises new 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. 39.

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

40A.17 REPORT.

The commissioner shall report to the legislature on deleted text begin January deleted text end new text begin March new 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. 40.

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. 41.

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

Subd. 4.

Sunset.

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

Sec. 42.

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 hire new 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 plant new text end .

Sec. 43.

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. 44.

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 statement deleted text end new text begin
gross annual grain purchase report new text end of the grain buyer deleted text begin filed under subdivision 6 deleted 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. 45.

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 shall deleted text end new text begin may new 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. 46.

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 chapter deleted 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 license deleted text end .

Sec. 47.

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 operator deleted text end .

Sec. 48.

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 bank deleted text end .

Sec. 49.

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 hire new 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 plant new text end .

Sec. 50.

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 inspections deleted text end new text begin examinations new text end , certifications new text begin , new text end and licenses
under sections 232.20 to deleted text begin 232.25 deleted text end new text begin 232.24 new text end at levels necessary to pay the costs of administering
and enforcing sections 232.20 to deleted text begin 232.25 deleted text end new text begin 232.24 new text end . All money collected pursuant to sections
232.20 to deleted text begin 232.25 and chapters 233 and 236 deleted text end new text begin 232.24 new 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 236 deleted text end new text begin 232.24 new 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. 51.

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 commissioner deleted 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. 52.

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 month deleted text end new text begin February 15 of each year new text end file with the
commissioner on deleted text begin forms deleted text end new text begin a form new text end approved by the commissioner a report showing the deleted text begin net deleted 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 of deleted text end new text begin that occurred during new text end the preceding deleted text begin month deleted text end new text begin calendar year new 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) If deleted text end new text begin (c) It is a violation of this chapter for new text end any public grain warehouse operator
deleted text begin willfully neglects or refuses deleted text end new text begin to fail new 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 license deleted 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. 53.

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

Subd. 7.

Bond disbursement.

(a) The deleted text begin condition one deleted 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. 54.

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 transaction new text begin , weight, volume, kind of grain,
signature of warehouse operator, new text end and be consecutively numbered. 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 scale
tickets shall be dated and signed by the public or private grain warehouse operator or
the operator's agent or manager.

Sec. 55.

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 232.25 deleted text end new text begin 232.24 new 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. 56.

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 the deleted text end new text begin a
United States Department of Agriculture authorized new text end grain inspection program deleted text begin of the
Department of Agriculture deleted 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. 57.

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

Subdivision 1.

Schedule of deleted text begin inspection deleted text end new text begin examination new text end .

A licensee under sections
232.20 to 232.25 is subject to two deleted text begin audits deleted text end new text begin examinations new 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 audit deleted text end new text begin examination new text end to be
conducted by a qualified nongovernmental unit.

Sec. 58.

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. 59.

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 origin deleted 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. 60.

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 origin deleted 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. 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 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; 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