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SF 2061

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/03/2012 08:37am

KEY: stricken = removed, old language. underscored = added, new language.

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Current Version - 2nd Engrossment

1.1A bill for an act
1.2relating to agriculture; modifying provisions related to pesticides, plants,
1.3nursery law, inspections, enforcements, food, animals, grain, and weights and
1.4measures; requiring reports; modifying certain ethanol and biodiesel provisions;
1.5delaying the effective date to eliminate certain limitations on wind easements;
1.6providing for food law enforcement; making technical and conforming
1.7changes;amending Minnesota Statutes 2010, sections 17.114, subdivisions 3,
1.84; 17.982, subdivision 1; 17.983; 17.984, subdivision 1; 18B.065, subdivision
1.92a, by adding a subdivision; 18B.316, subdivision 6; 18G.02, subdivision 14;
1.1018G.07, subdivision 1; 18G.10, subdivision 7, by adding a subdivision; 18H.02,
1.11subdivision 14, by adding a subdivision; 18H.10; 18H.14; 18J.01; 18J.02; 18J.03;
1.1218J.04, subdivisions 1, 2, 3, 4; 18J.05, subdivisions 1, 2, 6; 18J.06; 18J.07,
1.13subdivisions 3, 4, 5; 21.82, subdivisions 7, 8; 25.33, subdivision 5; 28A.03,
1.14subdivisions 3, 5, 6; 31.01, subdivisions 2, 3, 4, 21, 25, 28; 31.121; 31.123;
1.1531.13; 31.94; 31A.02, subdivisions 13, 14, 15, 16; 31A.23; 32.01, subdivisions
1.1611, 12; 35.0661, subdivisions 2, 3; 40A.17; 41A.12, subdivisions 2, 4; 223.16,
1.17subdivision 12; 223.17, subdivisions 1, 4, 6, 9; 232.21, subdivisions 2, 6, 12;
1.18232.22, subdivisions 3, 4, 5, 7; 232.23, subdivisions 2, 5, 10; 232.24, subdivisions
1.191, 2; 239.092; 239.093; 239.77, subdivisions 3, 5; 239.791, subdivision 1a; Laws
1.202008, chapter 296, article 1, section 25, as amended; Laws 2011, chapter 14,
1.21section 6; proposing coding for new law as Minnesota Statutes, chapter 34A;
1.22repealing Minnesota Statutes 2010, sections 17B.01; 17B.02; 17B.03; 17B.04;
1.2317B.041; 17B.0451; 17B.048; 17B.05; 17B.06; 17B.07; 17B.10; 17B.11;
1.2417B.12; 17B.13; 17B.14; 17B.15, subdivisions 1, 3; 17B.16; 17B.17; 17B.18;
1.2517B.20; 17B.22, subdivisions 1, 2; 17B.28; 17B.29; 27.19, subdivisions 2, 3;
1.2627.20; 28.15; 28A.12; 28A.13; 29.28; 31.031; 31.041; 31.05; 31.14; 31.393;
1.2731.58; 31.592; 31.621, subdivision 5; 31.631, subdivision 4; 31.633, subdivision
1.282; 31.681; 31.74, subdivision 3; 31.91; 31A.24; 31A.26; 34.113; 35.243; 35.255;
1.2935.67; 35.68; 35.69; 35.72; 223.16, subdivision 7; 223.18; 232.21, subdivision
1.304; 232.24, subdivision 3; 232.25; 233.01; 233.015; 233.017; 233.02; 233.03;
1.31233.04; 233.05; 233.06; 233.07; 233.08; 233.09; 233.10; 233.11; 233.12; 233.22;
1.32233.23; 233.24; 233.33; 234.01; 234.03; 234.04; 234.05; 234.06; 234.08; 234.09;
1.33234.10; 234.11; 234.12; 234.13; 234.14; 234.15; 234.16; 234.17; 234.18; 234.19;
1.34234.20; 234.21; 234.22; 234.23; 234.24; 234.25; 234.27; 235.01; 235.02; 235.04;
1.35235.05; 235.06; 235.07; 235.08; 235.09; 235.10; 235.13; 235.18; 236.01; 236.02;
1.36236.03; 236.04; 236.05; 236.06; 236.07; 236.08; 236.09; 395.14; 395.15; 395.16;
1.37395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23; 395.24; Minnesota
1.38Rules, parts 1505.0780; 1505.0810; 1511.0100; 1511.0110; 1511.0120;
1.391511.0130; 1511.0140; 1511.0150; 1511.0160; 1511.0170; 1540.0010, subpart
2.126; 1550.0930, subparts 3, 4, 5, 6, 7; 1550.1040, subparts 3, 4, 5, 6; 1550.1260,
2.2subparts 6, 7; 1562.0100, subparts 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,
2.318, 19, 20, 21, 22, 23, 24, 25; 1562.0200; 1562.0400; 1562.0700; 1562.0900;
2.41562.1300; 1562.1800.
2.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

2.6ARTICLE 1
2.7AGRICULTURE POLICY

2.8    Section 1. Minnesota Statutes 2010, section 17.114, subdivision 3, is amended to read:
2.9    Subd. 3. Duties. (a) The commissioner shall:
2.10(1) establish a clearinghouse and provide information, appropriate educational
2.11opportunities and other assistance to individuals, producers, and groups about sustainable
2.12agricultural techniques, practices, and opportunities;
2.13(2) survey producers and support services and organizations to determine
2.14information and research needs in the area of sustainable agricultural practices;
2.15(3) demonstrate the on-farm applicability of sustainable agriculture practices to
2.16conditions in this state;
2.17(4) coordinate the efforts of state agencies regarding activities relating to sustainable
2.18agriculture;
2.19(5) direct the programs of the department so as to work toward the sustainability of
2.20agriculture in this state;
2.21(6) inform agencies of how state or federal programs could utilize and support
2.22sustainable agriculture practices;
2.23(7) work closely with farmers, the University of Minnesota, and other appropriate
2.24organizations to identify opportunities and needs as well as assure coordination and
2.25avoid duplication of state agency efforts regarding research, teaching, and extension
2.26work relating to sustainable agriculture; and
2.27(8) work cooperatively with local governments and others to strengthen the
2.28connection between farmers who practice sustainable farming methods and urban, rural,
2.29and suburban consumers, including, but not limited to, promoting local farmers' markets
2.30and community-supported agriculture; and.
2.31(9) report to the Environmental Quality Board for review and then to the house of
2.32representatives and senate committees with jurisdiction over the environment, natural
2.33resources, and agriculture every even-numbered year.
2.34(b) The report under paragraph (a), clause (9), must include:
2.35(1) the presentation and analysis of findings regarding the current status and trends
2.36regarding the economic condition of producers; the status of soil and water resources
3.1utilized by production agriculture; the magnitude of off-farm inputs used; and the amount
3.2of nonrenewable resources used by Minnesota farmers;
3.3(2) a description of current state or federal programs directed toward sustainable
3.4agriculture including significant results and experiences of those programs;
3.5(3) a description of specific actions the Department of Agriculture is taking in the
3.6area of sustainable agriculture, including, but not limited to, specific actions to strengthen
3.7the connection between sustainable farmers and consumers under paragraph (a), clause (8);
3.8(4) a description of current and future research needs at all levels in the area of
3.9sustainable agriculture; and
3.10(5) suggestions for changes in existing programs or policies or enactment of new
3.11programs or policies that will affect farm profitability, maintain soil and water quality,
3.12reduce input costs, or lessen dependence upon nonrenewable resources.

3.13    Sec. 2. Minnesota Statutes 2010, section 17.114, subdivision 4, is amended to read:
3.14    Subd. 4. Integrated pest management. (a) The state shall promote and facilitate
3.15the use of integrated pest management through education, technical or financial assistance,
3.16information and research.
3.17(b) The commissioner shall coordinate the development of a state approach to the
3.18promotion and use of integrated pest management, which shall include delineation of
3.19the responsibilities of the state, public postsecondary institutions, Minnesota Extension
3.20Service, local units of government, and the private sector; establishment of information
3.21exchange and integration; procedures for identifying research needs and reviewing and
3.22preparing informational materials; procedures for factoring integrated pest management
3.23into state laws, rules, and uses of pesticides; and identification of barriers to adoption.
3.24(c) The commissioner shall report to the Environmental Quality Board for review
3.25and then to the house of representatives and senate committees with jurisdiction over the
3.26environment, natural resources, and agriculture every even-numbered year. The report
3.27shall be combined with the report required in subdivision 3.

3.28    Sec. 3. Minnesota Statutes 2010, section 18B.065, subdivision 2a, is amended to read:
3.29    Subd. 2a. Disposal site requirement. (a) For agricultural waste pesticides, the
3.30commissioner must designate a place in each county of the state that is available at least
3.31every other year for persons to dispose of unused portions of agricultural pesticides. The
3.32commissioner shall consult with the person responsible for solid waste management
3.33and disposal in each county to determine an appropriate location and to advertise each
4.1collection event. The commissioner may provide a collection opportunity in a county
4.2more frequently if the commissioner determines that a collection is warranted.
4.3    (b) For nonagricultural waste pesticides, the commissioner must provide a disposal
4.4opportunity each year in each county or enter into a contract with a group of counties
4.5under a joint powers agreement or contract for household hazardous waste disposal.
4.6(c) As provided under subdivision 7, the commissioner may enter into cooperative
4.7agreements with local units of government to provide the collections required under
4.8paragraph (a) or (b) and shall provide a local unit of government, as part of the cooperative
4.9agreement, with funding for reasonable costs incurred including, but not limited to, related
4.10supplies, transportation, advertising, and disposal costs as well as reasonable overhead
4.11costs.
4.12    (d) A person who collects waste pesticide under this section shall, on a form
4.13provided or in a method approved by the commissioner, record information on each
4.14waste pesticide product collected including, but not limited to, the quantity collected
4.15and either the product name and its active ingredient or ingredients or the United States
4.16Environmental Protection Agency registration number. The person must submit this
4.17information to the commissioner at least annually by January 30.

4.18    Sec. 4. Minnesota Statutes 2010, section 18B.065, is amended by adding a subdivision
4.19to read:
4.20    Subd. 10. Indemnification. (a) A local unit of government, when operating or
4.21participating in a waste pesticide collection program pursuant to a cooperative agreement
4.22with the commissioner under this section, is an employee of the state, certified to be
4.23acting within the scope of employment, for purposes of the indemnification provisions of
4.24section 3.736, subdivision 9, for claims that arise out of the transportation, management,
4.25or disposal of any waste pesticide covered by the agreement:
4.26(1) from and after the time the waste permanently leaves the local unit of
4.27government's possession and comes into the possession of the state's authorized
4.28transporter; and
4.29(2) during the time the waste is transported between the local unit of government
4.30facilities by the state's authorized transporter.
4.31(b) The state is not obligated to defend or indemnify a local unit of government under
4.32this subdivision to the extent of the local unit of government's liability insurance. The
4.33local unit of government's right to indemnify is not a waiver of the limitation, defenses,
4.34and immunities available to either the local unit of government or the state by law.

5.1    Sec. 5. Minnesota Statutes 2010, section 18B.316, subdivision 6, is amended to read:
5.2    Subd. 6. Agricultural pesticide sales invoices. (a) Sales invoices for agricultural
5.3pesticides sold in or into this state by a licensed agricultural pesticide dealer or a pesticide
5.4dealer under this section must show the percent of gross sales fee rate assessed and the
5.5gross sales fee paid under section 18B.26, subdivision 3, paragraph (c).
5.6(b) A licensed agricultural pesticide dealer or a pesticide dealer may request an
5.7exemption from paragraph (a). The request for exemption must be in writing to the
5.8commissioner and must include verifiable information to justify that compliance with
5.9paragraph (a) is an extreme business hardship for the licensed agricultural pesticide dealer
5.10or pesticide dealer. The commissioner may approve or reject a request for exemption
5.11based upon review of the submitted information. An approved exemption under this
5.12paragraph is valid for one calendar year. The commissioner must maintain a list of those
5.13licensed agricultural pesticide dealers or pesticide dealers that have been granted an
5.14exemption on the department's Web site.
5.15(c) A licensed agricultural pesticide dealer or a pesticide dealer issued an exemption
5.16under paragraph (b) must include the following statement on each sales invoice for any
5.17sale of an agricultural pesticide: "Minnesota Department of Agriculture Annual Gross
5.18Sales Fees of 0.55% have been Assessed and Paid on the Sale of an Agricultural Pesticide."
5.19(d) Only the person who actually will pay the gross sales fee may show the rate or
5.20the amount of the fee as a line item on the sales invoice.

5.21    Sec. 6. Minnesota Statutes 2010, section 18G.02, subdivision 14, is amended to read:
5.22    Subd. 14. Infested. "Infested" means a plant has been overrun by plant pests,
5.23including weeds, or contains or harbors plant pests in a quantity that may threaten other
5.24plants.

5.25    Sec. 7. Minnesota Statutes 2010, section 18G.07, subdivision 1, is amended to read:
5.26    Subdivision 1. Creation of registry. (a) The commissioner shall maintain a list of
5.27all persons, businesses, and companies that employ persons who provide tree care or tree
5.28trimming services in Minnesota. All commercial tree care providers, tree trimmers, and
5.29persons who employers that direct employees to remove trees, limbs, branches, brush, or
5.30shrubs for hire must be registered by with the commissioner.
5.31(b) Persons or companies who are required to be registered under paragraph (a) must
5.32register annually by providing the following to the commissioner:
5.33(1) accurate and up-to-date business name, address, and telephone number;
5.34(2) a complete list of all Minnesota counties in which they work; and
6.1(3) a nonrefundable fee of $25 for initial application or renewing the registration.
6.2(c) All persons and companies required to be registered under paragraph (a) must
6.3register before conducting the activities specified in paragraph (a). Annual registration
6.4expires December 31, must be renewed annually, and the renewal fee remitted by January
6.57 1 of the year for which it is issued. In addition, a penalty of ten percent of the renewal fee
6.6due must be charged for each month, or portion of a month, that the fee is delinquent up to
6.7a maximum of 30 percent for any application for renewal postmarked after December 31.

6.8    Sec. 8. Minnesota Statutes 2010, section 18G.10, subdivision 7, is amended to read:
6.9    Subd. 7. Supplemental, additional, or other certificates and permits. (a) The
6.10commissioner may provide inspection, sampling, or certification services to ensure
6.11that Minnesota plant treatment processes, plant products, or commodities meet import
6.12requirements of other states or countries.
6.13(b) The state plant regulatory official may issue permits and certificates verifying that
6.14various Minnesota agricultural plant treatment processes, products, or commodities meet
6.15specified plant health requirements, treatment requirements, or pest absence assurances
6.16based on determinations by the commissioner.

6.17    Sec. 9. Minnesota Statutes 2010, section 18G.10, is amended by adding a subdivision
6.18to read:
6.19    Subd. 8. Misuse of a certificate or permit. (a) Certificates and permits may not be
6.20altered, counterfeited, obtained, or used improperly, for any plant product.
6.21(b) Certificates and permits are not transferable to another location or another person.

6.22    Sec. 10. Minnesota Statutes 2010, section 18H.02, subdivision 14, is amended to read:
6.23    Subd. 14. Infested. "Infested" means a plant has been overrun by plant pests,
6.24including weeds, or contains or harbors plant pests in a quantity that may threaten other
6.25plants.

6.26    Sec. 11. Minnesota Statutes 2010, section 18H.02, is amended by adding a subdivision
6.27to read:
6.28    Subd. 16a. Nonhardy. "Nonhardy" means a plant that cannot be expected to
6.29survive or reliably produce flowers and fruit in average minimum winter temperatures
6.30at the growing site as determined by the commissioner based upon independent field
6.31trials and industry input represented by the United States Department of Agriculture
6.32Plant Hardiness Zone designations.

7.1    Sec. 12. Minnesota Statutes 2010, section 18H.10, is amended to read:
7.218H.10 STORAGE OF NURSERY STOCK.
7.3(a) All nursery stock must be kept and displayed under conditions of temperature,
7.4light, and moisture sufficient to maintain the viability and vigor of the nursery stock.
7.5(b) Packaged dormant nursery stock must be stored under conditions that retard
7.6growth, prevent etiolated growth, and protect its viability.
7.7(c) Balled and burlapped nursery stock being held for sale to the public must be kept
7.8in a moisture-holding material approved by the commissioner and not toxic to plants.
7.9The moisture-holding material must adequately cover and protect the ball of earth and
7.10must be kept moist at all times.

7.11    Sec. 13. Minnesota Statutes 2010, section 18H.14, is amended to read:
7.1218H.14 LABELING AND ADVERTISING OF NURSERY STOCK.
7.13(a) Plants, plant materials, or nursery stock must not be labeled or advertised with
7.14false or misleading information including, but not limited to, scientific name, variety,
7.15place of origin, hardiness zone as defined by the United States Department of Agriculture,
7.16and growth habit.
7.17(b) All nonhardy nursery stock as designated by the commissioner must be labeled
7.18"nonhardy" in Minnesota.
7.19(b) (c) A person may not offer for distribution plants, plant materials, or nursery
7.20stock, represented by some specific or special form of notation, including, but not limited
7.21to, "free from" or "grown free of," unless the plants are produced under a specific program
7.22approved by the commissioner to address the specific plant properties addressed in the
7.23special notation claim.
7.24(d) Nursery stock collected from the wild state must be inspected and certified
7.25prior to sale and at the time of sale must be labeled "Collected from the Wild." The label
7.26must remain on each plant or clump of plants while it is offered for sale and during the
7.27distribution process. The collected stock may be grown in nursery rows at least two years,
7.28after which the plants may be sold without the labeling required by this paragraph.

7.29    Sec. 14. Minnesota Statutes 2010, section 18J.01, is amended to read:
7.3018J.01 DEFINITIONS.
7.31(a) The definitions in sections 18G.02 and, 18H.02, 27.01, 223.16, 231.01, and
7.32232.21 apply to this chapter.
8.1(b) For purposes of this chapter, "associated rules" means rules adopted under this
8.2chapter, chapter 18G or, 18H, 27, 223, 231, or 232, or sections 21.80 to 21.92.

8.3    Sec. 15. Minnesota Statutes 2010, section 18J.02, is amended to read:
8.418J.02 DUTIES OF COMMISSIONER.
8.5The commissioner shall administer and enforce this chapter, chapters 18G and, 18H,
8.627, 223, 231, and 232; sections 21.80 to 21.92,; and associated rules.

8.7    Sec. 16. Minnesota Statutes 2010, section 18J.03, is amended to read:
8.818J.03 CIVIL LIABILITY.
8.9A person regulated by this chapter, chapter 18G or, 18H, 27, 223, 231, or 232,
8.10or sections 21.80 to 21.92, is civilly liable for any violation of one of those statutes or
8.11associated rules by the person's employee or agent.

8.12    Sec. 17. Minnesota Statutes 2010, section 18J.04, subdivision 1, is amended to read:
8.13    Subdivision 1. Access and entry. The commissioner, upon presentation of official
8.14department credentials, must be granted immediate access at reasonable times to sites
8.15where a person manufactures, distributes, uses, handles, disposes of, stores, or transports
8.16seeds, plants, grain, household goods, general merchandise, produce, or other living or
8.17nonliving products or other objects regulated under chapter 18G or, 18H, 27, 223, 231, or
8.18232; sections 21.80 to 21.92,; or associated rules.

8.19    Sec. 18. Minnesota Statutes 2010, section 18J.04, subdivision 2, is amended to read:
8.20    Subd. 2. Purpose of entry. (a) The commissioner may enter sites for:
8.21(1) inspection of inventory and equipment for the manufacture, storage, handling,
8.22distribution, disposal, or any other process regulated under chapter 18G or, 18H, 27, 223,
8.23231, or 232; sections 21.80 to 21.92,; or associated rules;
8.24(2) sampling of sites, seeds, plants, products, grain, household goods, general
8.25merchandise, produce, or other living or nonliving objects that are manufactured, stored,
8.26distributed, handled, or disposed of at those sites and regulated under chapter 18G or,
8.2718H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules;
8.28(3) inspection of records related to the manufacture, distribution, storage, handling,
8.29or disposal of seeds, plants, products, grain, household goods, general merchandise,
8.30produce, or other living or nonliving objects regulated under chapter 18G or, 18H, 27,
8.31223, 231, or 232; sections 21.80 to 21.92,; or associated rules;
9.1(4) investigating compliance with chapter 18G or, 18H, 27, 223, 231, or 232;
9.2sections 21.80 to 21.92,; or associated rules; or
9.3(5) other purposes necessary to implement chapter 18G or, 18H, 27, 223, 231, or
9.4232; sections 21.80 to 21.92,; or associated rules.
9.5(b) The commissioner may enter any public or private premises during or after
9.6regular business hours without notice of inspection when a suspected violation of chapter
9.718G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules may
9.8threaten public health or the environment.

9.9    Sec. 19. Minnesota Statutes 2010, section 18J.04, subdivision 3, is amended to read:
9.10    Subd. 3. Notice of inspection samples and analyses. (a) The commissioner shall
9.11provide the owner, operator, or agent in charge with a receipt describing any samples
9.12obtained. If requested, the commissioner shall split any samples obtained and provide
9.13them to the owner, operator, or agent in charge. If an analysis is made of the samples,
9.14a copy of the results of the analysis must be furnished to the owner, operator, or agent
9.15in charge within 30 days after an analysis has been performed. If an analysis is not
9.16performed, the commissioner must notify the owner, operator, or agent in charge within 30
9.17days of the decision not to perform the analysis.
9.18(b) The sampling and analysis must be done according to methods provided for
9.19under applicable provisions of chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80
9.20to 21.92,; or associated rules. In cases not covered by those sections and methods or in
9.21cases where methods are available in which improved applicability has been demonstrated
9.22the commissioner may adopt appropriate methods from other sources.

9.23    Sec. 20. Minnesota Statutes 2010, section 18J.04, subdivision 4, is amended to read:
9.24    Subd. 4. Inspection requests by others. (a) A person who believes that a violation
9.25of chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated
9.26rules has occurred may request an inspection by giving notice to the commissioner of the
9.27violation. The notice must be in writing, state with reasonable particularity the grounds
9.28for the notice, and be signed by the person making the request.
9.29(b) If after receiving a notice of violation the commissioner reasonably believes that
9.30a violation has occurred, the commissioner shall make a special inspection in accordance
9.31with the provisions of this section as soon as practicable, to determine if a violation has
9.32occurred.
9.33(c) An inspection conducted pursuant to a notice under this subdivision may cover
9.34an entire site and is not limited to the portion of the site specified in the notice. If the
10.1commissioner determines that reasonable grounds to believe that a violation occurred
10.2do not exist, the commissioner must notify the person making the request in writing of
10.3the determination.

10.4    Sec. 21. Minnesota Statutes 2010, section 18J.05, subdivision 1, is amended to read:
10.5    Subdivision 1. Enforcement required. (a) A violation of chapter 18G or, 18H, 27,
10.6223, 231, or 232; sections 21.80 to 21.92,; or an associated rule is a violation of this
10.7chapter.
10.8(b) Upon the request of the commissioner, county attorneys, sheriffs, and other
10.9officers having authority in the enforcement of the general criminal laws must take action
10.10to the extent of their authority necessary or proper for the enforcement of chapter 18G or,
10.1118H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules or valid orders,
10.12standards, stipulations, and agreements of the commissioner.

10.13    Sec. 22. Minnesota Statutes 2010, section 18J.05, subdivision 2, is amended to read:
10.14    Subd. 2. Commissioner's discretion. If minor violations of chapter 18G or,
10.1518H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules occur or the
10.16commissioner believes the public interest will be best served by a suitable notice of
10.17warning in writing, this section does not require the commissioner to:
10.18(1) report the violation for prosecution;
10.19(2) institute seizure proceedings; or
10.20(3) issue a withdrawal from distribution, stop-sale, or other order.

10.21    Sec. 23. Minnesota Statutes 2010, section 18J.05, subdivision 6, is amended to read:
10.22    Subd. 6. Agent for service of process. All persons licensed, permitted, registered,
10.23or certified under chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or
10.24associated rules must appoint the commissioner as the agent upon whom all legal process
10.25may be served and service upon the commissioner is deemed to be service on the licensee,
10.26permittee, registrant, or certified person.

10.27    Sec. 24. Minnesota Statutes 2010, section 18J.06, is amended to read:
10.2818J.06 FALSE STATEMENT OR RECORD.
10.29A person must not knowingly make or offer a false statement, record, or other
10.30information as part of:
10.31(1) an application for registration, license, certification, or permit under chapter 18G
10.32or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules;
11.1(2) records or reports required under chapter 18G or, 18H, 27, 223, 231, or 232;
11.2sections 21.80 to 21.92,; or associated rules; or
11.3(3) an investigation of a violation of chapter 18G or, 18H, 27, 223, 231, or 232;
11.4sections 21.80 to 21.92,; or associated rules.

11.5    Sec. 25. Minnesota Statutes 2010, section 18J.07, subdivision 3, is amended to read:
11.6    Subd. 3. Cancellation of registration, permit, license, certification. The
11.7commissioner may cancel or revoke a registration, permit, license, or certification
11.8provided for under chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,;
11.9or associated rules or refuse to register, permit, license, or certify under provisions of
11.10chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated rules
11.11if the registrant, permittee, licensee, or certified person has used fraudulent or deceptive
11.12practices in the evasion or attempted evasion of a provision of chapter 18G or, 18H, 27,
11.13223, 231, or 232; sections 21.80 to 21.92,; or associated rules.

11.14    Sec. 26. Minnesota Statutes 2010, section 18J.07, subdivision 4, is amended to read:
11.15    Subd. 4. Service of order or notice. (a) If a person is not available for service of an
11.16order, the commissioner may attach the order to the facility, site, seed or seed container,
11.17plant or other living or nonliving object regulated under chapter 18G or, 18H, 27, 223,
11.18231, or 232; sections 21.80 to 21.92,; or associated rules and notify the owner, custodian,
11.19other responsible party, or registrant.
11.20(b) The seed, seed container, plant, or other living or nonliving object regulated
11.21under chapter 18G or, 18H, 27, 223, 231, or 232; sections 21.80 to 21.92,; or associated
11.22rules may not be sold, used, tampered with, or removed until released under conditions
11.23specified by the commissioner, by an administrative law judge, or by a court.

11.24    Sec. 27. Minnesota Statutes 2010, section 18J.07, subdivision 5, is amended to read:
11.25    Subd. 5. Unsatisfied judgments. (a) An applicant for a license, permit, registration,
11.26or certification under provisions of this chapter, chapter 18G or, 18H, 27, 223, 231, or
11.27232; sections 21.80 to 21.92,; or associated rules may not allow a final judgment against
11.28the applicant for damages arising from a violation of those statutes or rules to remain
11.29unsatisfied for a period of more than 30 days.
11.30(b) Failure to satisfy, within 30 days, a final judgment resulting from a violation
11.31of this chapter results in automatic suspension of the license, permit, registration, or
11.32certification.

12.1    Sec. 28. Minnesota Statutes 2010, section 21.82, subdivision 7, is amended to read:
12.2    Subd. 7. Vegetable seeds. For vegetable seeds prepared for use in home gardens
12.3or household plantings the requirements in paragraphs (a) to (p) apply. Vegetable seeds
12.4packed for sale in commercial quantities to farmers, conservation groups, and other similar
12.5entities are considered agricultural seeds and must be labeled accordingly.
12.6(a) The label must contain the name of the kind or kind and variety for each seed
12.7component in excess of five percent of the whole and the percentage by weight of each
12.8in order of its predominance. If the variety of those kinds generally labeled as to variety
12.9is not stated and it is not required to be stated, the label must show the name of the kind
12.10and the words "variety not stated."
12.11(b) The percentage that is hybrid must be at least 95 percent of the percentage of pure
12.12seed shown unless the percentage of pure seed which is hybrid seed is shown separately.
12.13If two or more kinds of varieties are present in excess of five percent and are named on
12.14the label, each that is hybrid must be designated as hybrid on the label. Any one kind or
12.15kind and variety that has pure seed that is less than 95 percent but more than 75 percent
12.16hybrid seed as a result of incompletely controlled pollination in a cross must be labeled
12.17to show the percentage of pure seed that is hybrid seed or a statement such as "contains
12.18from 75 percent to 95 percent hybrid seed." No one kind or variety of seed may be labeled
12.19as hybrid if the pure seed contains less than 75 percent hybrid seed. The word "hybrid"
12.20must be shown on the label in conjunction with the kind.
12.21(c) Blends must be listed on the label using the term "blend" in conjunction with
12.22the kind.
12.23(d) Mixtures shall be listed on the label using the term "mixture," "mix," or "mixed."
12.24(e) The label must show a lot number or other lot identification.
12.25(f) The origin may be omitted from the label.
12.26(g) The label must show the year for which the seed was packed for sale listed as
12.27"packed for (year)" for seed with a percentage of germination that exceeds the standard last
12.28established by the commissioner, the percentage of germination and the calendar month
12.29and year that the percentages were determined by test, or the calendar month and year the
12.30germination test was completed and the statement "sell by (month and year listed here),"
12.31which may be no more than 12 months from the date of test, exclusive of the month of test.
12.32(h) For vegetable seeds which germinate less than the standard last established by
12.33the commissioner, the label must show:
12.34(1) a percentage of germination, exclusive of hard or dormant seed or both;
12.35(2) a percentage of hard or dormant seed or both, if present; and
13.1(3) the words "below standard" in not less than eight point type and the month and
13.2year the percentages were determined by test.
13.3(i) The net weight of the contents or a statement indicating the number of seeds in
13.4the container or both, must appear on either the container or the label, except that for
13.5containers with contents of 200 seeds or less a statement indicating the number of seeds in
13.6the container may be listed along with or in lieu of the net weight of contents.
13.7(j) The heading for and percentage by weight of pure seed may be omitted from a
13.8label if the total is more than 90 percent.
13.9(k) The heading for and percentage by weight of weed seed may be omitted from a
13.10label if they are not present in the seed.
13.11(l) The heading "noxious weed seeds" may be omitted from a label if they are not
13.12present in the seed.
13.13(m) The heading for and percentage by weight of other crop seed may be omitted
13.14from a label if it is less than five percent.
13.15(n) The heading for and percentage by weight of inert matter may be omitted from a
13.16label if it is less than ten percent.
13.17(o) The label must contain the name and address of the person who labeled the
13.18seed or who sells the seed in this state or a code number that has been registered with
13.19the commissioner.
13.20(p) The labeling requirements for vegetable seeds prepared for use in home gardens
13.21or household plantings when sold outside their original containers are met if the seed is
13.22weighed from a properly labeled container in the presence of the purchaser.

13.23    Sec. 29. Minnesota Statutes 2010, section 21.82, subdivision 8, is amended to read:
13.24    Subd. 8. Flower seeds. For flower and wildflower seeds prepared for use in home
13.25gardens or household plantings, the requirements in paragraphs (a) to (l) apply. Flower
13.26and wildflower seeds packed for sale in commercial quantities to farmers, conservation
13.27groups, and other similar entities are considered agricultural seeds and must be labeled
13.28accordingly.
13.29(a) The label must contain the name of the kind and variety or a statement of type
13.30and performance characteristics as prescribed by rule.
13.31(b) The percentage that is hybrid must be at least 95 percent of the percentage of pure
13.32seed shown unless the percentage of pure seed which is hybrid seed is shown separately.
13.33If two or more kinds of varieties are present in excess of five percent and are named on
13.34the label, each that is hybrid must be designated as hybrid on the label. Any one kind or
13.35kind and variety that has pure seed that is less than 95 percent but more than 75 percent
14.1hybrid seed as a result of incompletely controlled pollination in a cross must be labeled
14.2to show the percentage of pure seed that is hybrid seed or a statement such as "contains
14.3from 75 percent to 95 percent hybrid seed." No one kind or variety of seed may be labeled
14.4as hybrid if the pure seed contains less than 75 percent hybrid seed. The word "hybrid"
14.5must be shown on the label in conjunction with the kind.
14.6(c) Blends must be listed on the label using the term "blend" in conjunction with
14.7the kind.
14.8(d) Mixtures must be listed on the label using the term "mixture," "mix," or "mixed."
14.9(e) The label must contain the lot number or other lot identification.
14.10(f) The origin may be omitted from the label.
14.11(g) The label must contain the year for which the seed was packed for sale listed as
14.12"packed for (year)" for seed with a percentage of germination that exceeds the standard last
14.13established by the commissioner, the percentage of germination and the calendar month
14.14and year that the percentages were determined by test, or the calendar month and year the
14.15germination test was completed and the statement "sell by (month and year listed here),"
14.16which may be no more than 12 months from the date of test, exclusive of the month of test.
14.17(h) For flower seeds which germinate less than the standard last established by
14.18the commissioner, the label must show:
14.19(1) percentage of germination exclusive of hard or dormant seed or both;
14.20(2) percentage of hard or dormant seed or both, if present; and
14.21(3) the words "below standard" in not less than eight point type and the month and
14.22year this percentage was determined by test.
14.23(i) The label must show the net weight of contents or a statement indicating the
14.24number of seeds in the container, or both, on either the container or the label, except that
14.25for containers with contents of 200 seeds or less a statement indicating the number of
14.26seeds in the container may be listed along with or in lieu of the net weight of contents.
14.27(j) The heading for and percentage by weight of pure seed may be omitted from a
14.28label if the total is more than 90 percent.
14.29(k) The heading for and percentage by weight of weed seed may be omitted from a
14.30label if they are not present in the seed.
14.31(l) The heading "noxious weed seeds" may be omitted from a label if they are not
14.32present in the seed.
14.33(m) The heading for and percentage by weight of other crop seed may be omitted
14.34from a label if it is less than five percent.
14.35(n) The heading for and percentage by weight of inert matter may be omitted from a
14.36label if it is less than ten percent.
15.1(o) The label must show the name and address of the person who labeled the seed
15.2or who sells the seed within this state, or a code number which has been registered with
15.3the commissioner.

15.4    Sec. 30. Minnesota Statutes 2010, section 25.33, subdivision 5, is amended to read:
15.5    Subd. 5. Commercial feed. "Commercial feed" means materials or combinations
15.6of materials that are distributed or intended to be distributed for use as feed or for
15.7mixing in feed, including feed for aquatic animals, unless the materials are specifically
15.8exempted. Unmixed whole seeds and physically altered entire unmixed seeds, if the
15.9whole or physically altered seeds are not chemically changed or are not adulterated
15.10within the meaning of section 25.37, paragraph (a), are exempt. The commissioner by
15.11rule may exempt from this definition, or from specific provisions of sections 25.31 to
15.1225.43 , commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual
15.13chemical compounds or substances if those commodities, compounds, or substances
15.14are not intermixed with other materials, and are not adulterated within the meaning of
15.15section 25.37, paragraph (a). Commercial feed does not include feed produced and used
15.16by a distributor.

15.17    Sec. 31. Minnesota Statutes 2010, section 31.13, is amended to read:
15.1831.13 ANALYSIS; EVIDENCE.
15.19It shall be the duty of the chief chemist and assistants laboratory director, managers,
15.20and analysts to make analyses and examinations of such articles as shall be furnished
15.21to them by the commissioner, for the purpose of determining from such examination
15.22whether such articles are adulterated, misbranded, insufficiently labeled, unwholesome,
15.23poisonous, or deleterious and whether such articles have been manufactured, used, sold,
15.24transported, offered for use, sale, or transportation, or had in possession with intent to use,
15.25sell, or transport in violation of any law now or hereafter enacted relating to food, or of
15.26any definition, standard, rule, or ruling made and published thereunder, and to certify the
15.27result of such analysis and examination to the commissioner. A copy of the result of the
15.28examination or analysis of any such article, duly authenticated, by the chemist analyst
15.29making such analysis determinations or examination, under oath of such chemist analyst,
15.30shall be prima facie evidence in all courts of the matters and facts therein contained.

15.31    Sec. 32. Minnesota Statutes 2010, section 31.94, is amended to read:
15.3231.94 COMMISSIONER DUTIES.
16.1(a) In order to promote opportunities for organic agriculture in Minnesota, the
16.2commissioner shall:
16.3(1) survey producers and support services and organizations to determine
16.4information and research needs in the area of organic agriculture practices;
16.5(2) work with the University of Minnesota to demonstrate the on-farm applicability
16.6of organic agriculture practices to conditions in this state;
16.7(3) direct the programs of the department so as to work toward the promotion of
16.8organic agriculture in this state;
16.9(4) inform agencies of how state or federal programs could utilize and support
16.10organic agriculture practices; and
16.11(5) work closely with producers, the University of Minnesota, the Minnesota Trade
16.12Office, and other appropriate organizations to identify opportunities and needs as well
16.13as ensure coordination and avoid duplication of state agency efforts regarding research,
16.14teaching, marketing, and extension work relating to organic agriculture.
16.15(b) By November 15 of each even-numbered year that ends in a zero or a five, the
16.16commissioner, in conjunction with the task force created in paragraph (c), shall report
16.17on the status of organic agriculture in Minnesota to the legislative policy and finance
16.18committees and divisions with jurisdiction over agriculture. The report must include:
16.19available data on organic acreage and production, available data on the sales or market
16.20performance of organic products, and recommendations regarding programs, policies, and
16.21research efforts that will benefit Minnesota's organic agriculture sector.
16.22(1) a description of current state or federal programs directed toward organic
16.23agriculture, including significant results and experiences of those programs;
16.24(2) a description of specific actions the department of agriculture is taking in the
16.25area of organic agriculture, including the proportion of the department's budget spent on
16.26organic agriculture;
16.27(3) a description of current and future research needs at all levels in the area of
16.28organic agriculture;
16.29(4) suggestions for changes in existing programs or policies or enactment of new
16.30programs or policies that will affect organic agriculture;
16.31(5) a description of market trends and potential for organic products;
16.32(6) available information, using currently reliable data, on the price received, yield,
16.33and profitability of organic farms, and a comparison with data on conventional farms; and
16.34(7) available information, using currently reliable data, on the positive and negative
16.35impacts of organic production on the environment and human health.
17.1(c) A Minnesota Organic Advisory Task Force shall advise the commissioner and the
17.2University of Minnesota on policies and programs that will improve organic agriculture in
17.3Minnesota, including how available resources can most effectively be used for outreach,
17.4education, research, and technical assistance that meet the needs of the organic agriculture
17.5community. The task force must consist of the following residents of the state:
17.6(1) three farmers using organic agriculture methods;
17.7(2) one wholesaler or distributor of organic products;
17.8(3) one representative of organic certification agencies;
17.9(4) two organic processors;
17.10(5) one representative from University of Minnesota Extension;
17.11(6) one University of Minnesota faculty member;
17.12(7) one representative from a nonprofit organization representing producers;
17.13(8) two public members;
17.14(9) one representative from the United States Department of Agriculture;
17.15(10) one retailer of organic products; and
17.16(11) one organic consumer representative.
17.17The commissioner, in consultation with the director of the Minnesota Agricultural
17.18Experiment Station; the dean and director of University of Minnesota Extension; and the
17.19dean of the College of Food, Agricultural and Natural Resource Sciences shall appoint
17.20members to serve staggered two-year terms.
17.21Compensation and removal of members are governed by section 15.059, subdivision
17.226
. The task force must meet at least twice each year and expires on June 30, 2013.
17.23(d) For the purposes of expanding, improving, and developing production and
17.24marketing of the organic products of Minnesota agriculture, the commissioner may
17.25receive funds from state and federal sources and spend them, including through grants or
17.26contracts, to assist producers and processors to achieve certification, to conduct education
17.27or marketing activities, to enter into research and development partnerships, or to address
17.28production or marketing obstacles to the growth and well-being of the industry.
17.29(e) The commissioner may facilitate the registration of state organic production
17.30and handling operations including those exempt from organic certification according to
17.31Code of Federal Regulations, title 7, section 205.101, and certification agents operating
17.32within the state.

17.33    Sec. 33. Minnesota Statutes 2010, section 35.0661, subdivision 2, is amended to read:
17.34    Subd. 2. Quarantine zones. Upon an emergency declaration by the governor
17.35under subdivision 1, the board or any licensed veterinarian designated by the board may
18.1establish quarantine zones of control in any area where a specific animal is deemed by a
18.2licensed veterinarian as likely to be infected with the disease based on an actual veterinary
18.3examination or laboratory testing. Quarantine zones of control to restrict the movement of
18.4livestock must be the smallest size practicable to prevent the spread of disease and must
18.5exist for the shortest duration consistent with effective disease control. A quarantine zone
18.6of control must not extend beyond a radius of three miles from an animal deemed as likely
18.7to be infected with the disease, unless the board has adopted a rule regarding a specific
18.8disease requiring a larger quarantine zone of control.

18.9    Sec. 34. Minnesota Statutes 2010, section 35.0661, subdivision 3, is amended to read:
18.10    Subd. 3. Restrictions on movement out of quarantine zones. (a) The board may
18.11issue orders restricting the movement of persons, livestock, machinery, and personal
18.12property out of zones off infected premises designated by the board as quarantined under
18.13subdivision 2. The executive director of the board or any licensed veterinarian designated
18.14by the board may issue the orders. An order may be issued upon a determination that
18.15reasonable cause exists to believe that the movement of persons or personal property out
18.16of a quarantine zone will reasonably threaten to transport a dangerous, infectious, or
18.17communicable disease outside of the quarantine zone.
18.18(b) The order must be served upon any person subject to the order. The restrictions
18.19sought by the board on movement out of a quarantine zone must be limited to the greatest
18.20extent possible consistent with the paramount disease control objectives as determined by
18.21the board. An order under this section may be served on any day at any time. The order
18.22must include a notice of the person's rights under this section, including the ability to enter
18.23into an agreement to abide by disease control measures under paragraph (c) and the right
18.24to request a court hearing under paragraph (d).
18.25(c) No person may be restricted by an order under this subdivision for longer than 72
18.26hours, exclusive of Saturdays, Sundays, and legal holidays, so long as the person agrees to
18.27abide by the disease control measures established by the board. The person shall sign an
18.28acknowledgment form prepared by the board evidencing the person's agreement to abide
18.29by the disease control measures established by the board.
18.30(d) A person whose movements are restricted by an order under this subdivision may
18.31seek a district court hearing on the order at any time after it is served on the person. The
18.32hearing may be held by electronic means as soon as possible. The subject of the order may:
18.33(1) contest imposition of the order on grounds that it is an abuse of the board's
18.34discretion under this section; or
19.1(2) seek a variance from it to allow movement of a person inconsistent with the
19.2order, upon a showing that the person would otherwise suffer irreparable harm.

19.3    Sec. 35. Minnesota Statutes 2010, section 40A.17, is amended to read:
19.440A.17 REPORT.
19.5The commissioner shall report to the legislature on January March 1 of each
19.6even-numbered year on activities under this chapter. By July 1, 1985, the report must
19.7include the survey of public awareness in the awareness program. The report shall include
19.8recommendations for funding levels and other necessary legislative action.

19.9    Sec. 36. Minnesota Statutes 2010, section 41A.12, subdivision 2, is amended to read:
19.10    Subd. 2. Activities authorized. For the purposes of this program, the commissioner
19.11may issue grants, loans, or other forms of financial assistance. Eligible activities include,
19.12but are not limited to, grants to livestock producers under the livestock investment grant
19.13program under section 17.118, bioenergy awards made by the NextGen Energy Board
19.14under section 41A.105, cost-share grants for the installation of biofuel blender pumps, and
19.15financial assistance to support other rural economic infrastructure activities.

19.16    Sec. 37. Minnesota Statutes 2010, section 41A.12, subdivision 4, is amended to read:
19.17    Subd. 4. Sunset. This section expires on June 30, 2013 2015.

19.18    Sec. 38. Minnesota Statutes 2010, section 223.16, subdivision 12, is amended to read:
19.19    Subd. 12. Public grain warehouse operator. "Public grain warehouse operator"
19.20means a person operating a grain warehouse in which grain belonging to persons other
19.21than the grain warehouse operator is accepted for storage or purchase or who offers grain
19.22storage or warehouse facilities to the public for hire or a feed-processing plant that
19.23receives and stores grain, the equivalent of which it processes and returns to the grain's
19.24owner in amounts, at intervals, and with added ingredients that are mutually agreeable to
19.25the grain's owner and the person operating the plant.

19.26    Sec. 39. Minnesota Statutes 2010, section 223.17, subdivision 1, is amended to read:
19.27    Subdivision 1. Licenses. An application for a grain buyer's license must be filed
19.28with the commissioner and the license issued before any grain may be purchased. The
19.29commissioner must provide application forms and licenses that state the restrictions and
19.30authority to purchase and store grain under the license being applied for and issued. The
19.31categories of grain buyers' licenses are:
20.1(a) private grain warehouse operator's license;
20.2(b) public grain warehouse operator's license; and
20.3(c) independent grain buyer's license.
20.4The applicant for a grain buyer's license shall identify all grain buying locations
20.5owned or controlled by the grain buyer and all vehicles owned or controlled by the grain
20.6buyer used to transport purchased grain. Every applicant for a grain buyer's license shall
20.7have a permanent established place of business at each licensed location. An "established
20.8place of business" means a permanent enclosed building, including a house or a farm,
20.9either owned by the applicant or leased by the applicant for a period of at least one year,
20.10and where the books, records, and files necessary to conduct the business are kept and
20.11maintained. The commissioner may maintain information on grain buyers by categories
20.12including, but not limited to, the categories provided in clauses (a) to (c) and grain buyers
20.13that are licensed to purchase grain using trucks but that do not have a public or private
20.14warehouse license.

20.15    Sec. 40. Minnesota Statutes 2010, section 223.17, subdivision 4, is amended to read:
20.16    Subd. 4. Bond. (a) Before a grain buyer's license is issued, the applicant for
20.17the license must file with the commissioner a bond in a penal sum prescribed by the
20.18commissioner but not less than the following amounts:
20.19(a) (1) $10,000 for grain buyers whose gross annual purchases are $100,000 or less;
20.20(b) (2) $20,000 for grain buyers whose gross annual purchases are more than
20.21$100,000 but not more than $750,000;
20.22(c) (3) $30,000 for grain buyers whose gross annual purchases are more than
20.23$750,000 but not more than $1,500,000;
20.24(d) (4) $40,000 for grain buyers whose gross annual purchases are more than
20.25$1,500,000 but not more than $3,000,000;
20.26(e) (5) $50,000 for grain buyers whose gross annual purchases are more than
20.27$3,000,000 but not more than $6,000,000;
20.28(f) (6) $70,000 for grain buyers whose gross annual purchases are more than
20.29$6,000,000 but not more than $12,000,000;
20.30(g) (7) $125,000 for grain buyers whose gross annual purchases are more than
20.31$12,000,000 but not more than $24,000,000; and
20.32(h) (8) $150,000 for grain buyers whose gross annual purchases exceed $24,000,000.
20.33(b) A grain buyer who has filed a bond with the commissioner prior to July 1, 2004,
20.34is not required to increase the amount of the bond to comply with this section until July 1,
20.352005. The commissioner may postpone an increase in the amount of the bond until July 1,
21.12006, if a licensee demonstrates that the increase will impose undue financial hardship on
21.2the licensee, and that producers will not be harmed as a result of the postponement. The
21.3commissioner may impose other restrictions on a licensee whose bond increase has been
21.4postponed. The amount of the bond shall be based on the most recent financial statement
21.5gross annual grain purchase report of the grain buyer filed under subdivision 6.
21.6(c) A first-time applicant for a grain buyer's license shall file a $50,000 bond with the
21.7commissioner. This bond shall remain in effect for the first year of the license. Thereafter,
21.8the licensee shall comply with the applicable bonding requirements contained in clauses
21.9(a) to (h) paragraph (a), clauses (1) to (8).
21.10(d) In lieu of the bond required by this subdivision the applicant may deposit with
21.11the commissioner of management and budget cash, a certified check, a cashier's check,
21.12a postal, bank, or express money order, assignable bonds or notes of the United States,
21.13or an assignment of a bank savings account or investment certificate or an irrevocable
21.14bank letter of credit as defined in section 336.5-102, in the same amount as would be
21.15required for a bond.
21.16(e) Bonds must be continuous until canceled. To cancel a bond, a surety must provide
21.1790 days' written notice of the bond's termination date to the licensee and the commissioner.

21.18    Sec. 41. Minnesota Statutes 2010, section 223.17, subdivision 6, is amended to read:
21.19    Subd. 6. Financial statements. For the purpose of fixing or changing the amount of
21.20a required bond or for any other proper reason, (a) The commissioner shall may require an
21.21annual financial statement from a licensee which has been prepared in accordance with
21.22generally accepted accounting principles and which meets the following requirements:
21.23(a) (1) The financial statement shall include, but not be limited to the following: (1)
21.24(i) a balance sheet; (2)
21.25(ii) a statement of income (profit and loss); (3)
21.26(iii) a statement of retained earnings; (4)
21.27(iv) a statement of changes in financial position; and (5)
21.28(v) a statement of the dollar amount of grain purchased in the previous fiscal year
21.29of the grain buyer.
21.30(b) (2) The financial statement shall be accompanied by a compilation report of the
21.31financial statement that is prepared by a grain commission firm or a management firm
21.32approved by the commissioner or by an independent public accountant, in accordance with
21.33standards established by the American Institute of Certified Public Accountants. Grain
21.34buyers purchasing less than 150,000 bushels of grain per calendar year may submit a
22.1financial statement prepared by a public accountant who is not an employee or a relative
22.2within the third degree of kindred according to civil law.
22.3(c) (3) The financial statement shall be accompanied by a certification by the chief
22.4executive officer or the chief executive officer's designee of the licensee, under penalty
22.5of perjury, that the financial statement accurately reflects the financial condition of the
22.6licensee for the period specified in the statement.
22.7(b) Only one financial statement must be filed for a chain of warehouses owned
22.8or operated as a single business entity, unless otherwise required by the commissioner.
22.9Any grain buyer having a net worth in excess of $500,000,000 need not file the financial
22.10statement required by this subdivision but must provide the commissioner with a certified
22.11net worth statement. All financial statements filed with the commissioner are private or
22.12nonpublic data as provided in section 13.02.

22.13    Sec. 42. Minnesota Statutes 2010, section 223.17, subdivision 9, is amended to read:
22.14    Subd. 9. Defaults; violations. It is a violation under this chapter if the commissioner
22.15finds, after an investigation is conducted, that a complaint is valid or that a licensee is in
22.16violation of the provisions of this chapter, the commissioner may immediately suspend
22.17the license, in which case the licensee shall surrender the license to the commissioner.
22.18Within 15 days, the licensee may request an administrative hearing subject to chapter 14
22.19to determine whether the license should be revoked. If no request is made within 15 days,
22.20the commissioner shall revoke the license.

22.21    Sec. 43. Minnesota Statutes 2010, section 232.21, subdivision 2, is amended to read:
22.22    Subd. 2. Bond. "Bond" means an acceptable obligation, running to the state as
22.23obligee, for the purpose of indemnifying depositors and producers of grain against breach
22.24of contract by a public grain warehouse or grain bank operator.

22.25    Sec. 44. Minnesota Statutes 2010, section 232.21, subdivision 6, is amended to read:
22.26    Subd. 6. Depositor. "Depositor" means a person who is the owner or legal holder of
22.27an outstanding grain warehouse receipt, grain bank receipt or open scale ticket marked
22.28for storage on which a receipt is to be issued, representing any grain stored in a public
22.29grain warehouse or grain bank.

22.30    Sec. 45. Minnesota Statutes 2010, section 232.21, subdivision 12, is amended to read:
22.31    Subd. 12. Public grain warehouse operator. "Public grain warehouse operator"
22.32means a person licensed to operate a grain warehouse in which grain belonging to persons
23.1other than the grain warehouse operator is accepted for storage or purchase, or who offers
23.2grain storage or grain warehouse facilities to the public for hire or a feed-processing
23.3plant that receives and stores grain, the equivalent of which, it processes and returns to
23.4the grain's owner in amounts, at intervals, and with added ingredients that are mutually
23.5agreeable to the grain's owner and the person operating the plant.

23.6    Sec. 46. Minnesota Statutes 2010, section 232.22, subdivision 3, is amended to read:
23.7    Subd. 3. Fees; grain buyers and storage account. There is created in the
23.8agricultural fund an account known as the grain buyers and storage account. The
23.9commissioner shall set the fees for inspections examinations, certifications, and licenses
23.10under sections 232.20 to 232.25 232.24 at levels necessary to pay the costs of administering
23.11and enforcing sections 232.20 to 232.25 232.24. All money collected pursuant to sections
23.12232.20 to 232.25 and chapters 233 and 236 232.24 shall be paid by the commissioner into
23.13the state treasury and credited to the grain buyers and storage account and is appropriated
23.14to the commissioner for the administration and enforcement of sections 232.20 to 232.25
23.15and chapters 233 and 236 232.24. All money collected pursuant to chapter 231 shall be
23.16paid by the commissioner into the grain buyers and storage account and is appropriated to
23.17the commissioner for the administration and enforcement of chapter 231.
23.18The fees for a license to store grain are as follows:
23.19(a) For a license to store grain, $110 for each home rule charter or statutory city or
23.20town in which a public grain warehouse is operated.
23.21(b) A person with a license to store grain in a public grain warehouse is subject to
23.22an examination fee for each licensed location, based on the following schedule for one
23.23examination:
23.24
23.25
Bushel Capacity
Examination
Fee
23.26
Less than 150,001
$
300
23.27
150,001 to 250,000
$
425
23.28
250,001 to 500,000
$
545
23.29
500,001 to 750,000
$
700
23.30
750,001 to 1,000,000
$
865
23.31
1,000,001 to 1,200,000
$
1,040
23.32
1,200,001 to 1,500,000
$
1,205
23.33
1,500,001 to 2,000,000
$
1,380
23.34
More than 2,000,000
$
1,555
23.35(c) The fee for the second examination is $55 per hour per examiner for warehouse
23.36operators who choose to have it performed by the commissioner.
24.1(d) A penalty amount not to exceed ten percent of the fees due may be imposed by
24.2the commissioner for each month for which the fees are delinquent.

24.3    Sec. 47. Minnesota Statutes 2010, section 232.22, subdivision 4, is amended to read:
24.4    Subd. 4. Bonding. (a) Before a license is issued, the applicant for a public grain
24.5warehouse operator's license shall file with the commissioner a bond in a penal sum
24.6prescribed by the commissioner. The penal sum on a condition one bond shall be
24.7established by rule by the commissioner pursuant to the requirements of chapter 14 for
24.8all grain outstanding on grain warehouse receipts. The penal sum on a condition two
24.9bond shall not be less than $10,000 for each location up to a maximum of five locations.
24.10based on the annual average storage liability as stated on the statement of grain in storage
24.11report or on the gross annual grain purchase report, whichever is greater, and applying
24.12the following amounts:
24.13(1) $10,000 for storages with annual average storage liability of more than $0 but
24.14not more than $25,000;
24.15(2) $20,000 for storages with annual average storage liability of more than $25,001
24.16but not more than $50,000;
24.17(3) $30,000 for storages with annual average storage liability of more than $50,001
24.18but not more than $75,000;
24.19(4) $50,000 for storages with annual average storage liability of more than $75,001
24.20but not more than $100,000;
24.21(5) $75,000 for storages with annual average storage liability of more than $100,001
24.22but not more than $200,000;
24.23(6) $125,000 for storages with annual average storage liability of more than
24.24$200,001 but not more than $300,000;
24.25(7) $175,000 for storages with annual average storage liability of more than
24.26$300,001 but not more than $400,000;
24.27(8) $225,000 for storages with annual average storage liability of more than
24.28$400,001 but not more than $500,000;
24.29(9) $275,000 for storages with annual average storage liability of more than
24.30$500,001 but not more than $600,000;
24.31(10) $325,000 for storages with annual average storage liability of more than
24.32$600,001 but not more than $700,000;
24.33(11) $375,000 for storages with annual average storage liability of more than
24.34$700,001 but not more than $800,000;
25.1(12) $425,000 for storages with annual average storage liability of more than
25.2$800,001 but not more than $900,000;
25.3(13) $475,000 for storages with annual average storage liability of more than
25.4$900,001 but not more than $1,000,000; and
25.5(14) $500,000 for storages with annual average storage liability of more than
25.6$1,000,000.
25.7(b) Bonds must be continuous until canceled. To cancel a bond, a surety must provide
25.890 days' written notice of the bond's termination date to the licensee and the commissioner.

25.9    Sec. 48. Minnesota Statutes 2010, section 232.22, subdivision 5, is amended to read:
25.10    Subd. 5. Statement of grain in storage; reports. (a) All public grain warehouse
25.11operators must by the tenth day of each month February 15 of each year file with the
25.12commissioner on forms a form approved by the commissioner a report showing the net
25.13annual average liability of all grain outstanding on grain warehouse receipts as of the close
25.14of business on the last day of that occurred during the preceding month calendar year.
25.15This report shall be used for the purpose of establishing the penal sum of the bond.
25.16(b) Warehouse operators that are at a maximum bond and want to continue at
25.17maximum bond do not need to file this report.
25.18(b) If (c) It is a violation of this chapter for any public grain warehouse operator
25.19willfully neglects or refuses to fail to file the report required in clause (a) for two
25.20consecutive months, the commissioner may immediately suspend the person's license
25.21and the licensee must surrender the license to the commissioner. Within 15 days the
25.22licensee may request an administrative hearing subject to chapter 14 to determine if the
25.23license should be revoked. If no request is made within 15 days the commissioner shall
25.24revoke the license.
25.25(c) (d) Every public grain warehouse operator shall keep in a place of safety complete
25.26and accurate records and accounts relating to any grain warehouse operated. The records
25.27shall reflect each commodity received and shipped daily, the balance remaining in the
25.28grain warehouse at the close of each business day, a listing of all unissued grain warehouse
25.29receipts in the operator's possession, a record of all grain warehouse receipts issued which
25.30remain outstanding and a record of all grain warehouse receipts which have been returned
25.31for cancellation. Copies of grain warehouse receipts or other documents evidencing
25.32ownership of grain by a depositor, or other liability of the grain warehouse operator, shall
25.33be retained as long as the liability exists but must be kept for a minimum of three years.
26.1(d) (e) Every public grain warehouse operator must maintain in the grain warehouse
26.2at all times grain of proper grade and sufficient quantity to meet delivery obligations on
26.3all outstanding grain warehouse receipts.

26.4    Sec. 49. Minnesota Statutes 2010, section 232.22, subdivision 7, is amended to read:
26.5    Subd. 7. Bond disbursement. (a) The condition one bond of a public grain
26.6warehouse operator must be conditioned that the public grain warehouse operator issuing
26.7a grain warehouse receipt is liable to the depositor for the delivery of the kind, grade and
26.8net quantity of grain called for by the receipt.
26.9(b) The condition two bond shall provide for payment of loss caused by the grain
26.10buyer's failure to pay, upon the owner's demand, the purchase price of grain sold to the
26.11grain buyer. The bond shall be conditioned upon the grain buyer being duly licensed as
26.12provided herein. The bond shall not cover any transaction which constitutes a voluntary
26.13extension of credit.
26.14(c) (b) Upon notification of default, the commissioner shall determine the validity
26.15of all claims and notify all parties having filed claims. Any aggrieved party may appeal
26.16the commissioner's determination by requesting, within 15 days, that the commissioner
26.17initiate a contested case proceeding. In the absence of such a request, or following the
26.18issuance of a final order in a contested case, the surety company shall issue payment to
26.19those claimants entitled to payment. If the commissioner determines it is necessary, the
26.20commissioner may apply to the district court for an order appointing a trustee or receiver
26.21to manage and supervise the operations of the grain warehouse operator in default. The
26.22commissioner may participate in any resulting court proceeding as an interested party.
26.23(d) (c) For the purpose of determining the amount of bond disbursement against all
26.24valid claims under a condition one bond, all grain owned or stored in the public grain
26.25warehouse shall be sold and the combined proceeds deposited in a special fund. Payment
26.26shall be made from the special fund satisfying the valid claims of grain warehouse receipt
26.27holders.
26.28(e) (d) If a public grain warehouse operator has become liable to more than one
26.29depositor or producer by reason of breaches of the conditions of the bond and the
26.30amount of the bond is insufficient to pay, beyond the proceeds of the special fund, the
26.31entire liability to all valid claimants, the proceeds of the bond and special fund shall be
26.32apportioned among the valid claimants on a pro rata basis.
26.33(f) (e) A bond is not cumulative from one licensing period to the next. The maximum
26.34liability of the bond shall be its face value for the licensing period.

27.1    Sec. 50. Minnesota Statutes 2010, section 232.23, subdivision 2, is amended to read:
27.2    Subd. 2. Scale tickets. A public or private grain warehouse operator, upon
27.3receiving grain, shall issue a scale ticket for each load of grain received. Scale tickets shall
27.4contain the name, location and the date of each transaction, weight, volume, kind of
27.5grain, signature of warehouse operator, and be consecutively numbered. Electronic grain
27.6tickets do not require a signature. A duplicate copy of each scale ticket shall remain in the
27.7possession of the public or private grain warehouse operator as a permanent record. The
27.8original scale ticket shall be delivered to the depositor upon receipt of each load of grain.
27.9Each scale ticket shall have printed across its face "This is a memorandum, nonnegotiable,
27.10possession of which does not signify that settlement has or has not been consummated."
27.11The scale ticket shall state specifically whether the grain is received on contract, for
27.12storage, for shipment or consignment or sold. If the grain is received on contract or sold,
27.13the price shall be indicated on the scale ticket. All paper scale tickets shall be dated and
27.14signed by the public or private grain warehouse operator or the operator's agent or manager.

27.15    Sec. 51. Minnesota Statutes 2010, section 232.23, subdivision 5, is amended to read:
27.16    Subd. 5. Void agreements; penalty. A provision or agreement in a grain warehouse
27.17receipt not contained in subdivision 4 is void. The failure to issue a grain warehouse
27.18receipt, as directed, or the issuance of slips, memoranda or other forms of receipt
27.19embracing a different grain warehouse or storage contract is a misdemeanor, and no
27.20slip, memorandum or other form of receipt is admissible as evidence in any civil action.
27.21Nothing in sections 232.20 to 232.25 232.24 requires or compels any person operating a
27.22flour, cereal or feed mill or malthouse doing a manufacturing business, to receive, store or
27.23purchase at the mill or malthouse any kind of grain.

27.24    Sec. 52. Minnesota Statutes 2010, section 232.23, subdivision 10, is amended to read:
27.25    Subd. 10. Delivery of grain. (a) On the redemption of a grain warehouse receipt
27.26and payment of all lawful charges, the grain represented by the receipt is immediately
27.27deliverable to the depositor or the depositor's order, and is not subject to any further charge
27.28for storage after demand for delivery has been made and proper facilities for receiving and
27.29shipping the grain have been provided. If delivery has not commenced within 48 hours
27.30after demand has been made and proper facilities have been provided, the public grain
27.31warehouse operator issuing the grain warehouse receipt is liable to the owner in damages
27.32not exceeding two cents per bushel for each day's delay, unless the public grain warehouse
27.33operator makes delivery to different owners in the order demanded as rapidly as it can be
27.34done through ordinary diligence, or unless insolvency has occurred.
28.1(b) If a disagreement arises between the person receiving and the person delivering
28.2the grain at a public grain warehouse in this state as to the proper grade or dockage of any
28.3grain, an average sample of at least three quarts of the grain in dispute may be taken by
28.4either or both of the persons interested. The sample shall be certified by both the owner
28.5and the public grain warehouse operator as being true samples of the grain in dispute on
28.6the delivery day. The samples shall be forwarded in a suitable airtight container by parcel
28.7post or express, prepaid, with the name and address of both parties, to the head of the a
28.8United States Department of Agriculture authorized grain inspection program of the
28.9Department of Agriculture, who shall, upon request, examine the grain, and determine
28.10what grade or dockage the samples of grain are entitled to under the inspection rules.
28.11Before the results of the inspection are released to the person requesting the inspection,
28.12the person shall pay the required fee. The fee shall be the same as that required for similar
28.13services rendered by the grain inspection program.

28.14    Sec. 53. Minnesota Statutes 2010, section 232.24, subdivision 1, is amended to read:
28.15    Subdivision 1. Schedule of inspection examination. A licensee under sections
28.16232.20 to 232.25 is subject to two audits examinations annually conducted by the
28.17commissioner or the agricultural marketing service of the United States Department of
28.18Agriculture. The commissioner may, by rule, authorize one audit examination to be
28.19conducted by a qualified nongovernmental unit.

28.20    Sec. 54. Minnesota Statutes 2010, section 232.24, subdivision 2, is amended to read:
28.21    Subd. 2. Financial reports. A licensee under sections 232.20 to 232.25 upon request
28.22must provide to the commissioner a copy of the financial reports of an audit conducted by
28.23a qualified nongovernmental unit containing information the commissioner requires.

28.24    Sec. 55. Minnesota Statutes 2010, section 239.092, is amended to read:
28.25239.092 SALE FROM BULK.
28.26    (a) Bulk sales of commodities, when the buyer and seller are not both present to
28.27witness the measurement, must be accompanied by a delivery ticket containing the
28.28following information:
28.29    (1) the name and address of the person who weighed or measured the commodity;
28.30    (2) the date delivered;
28.31    (3) the quantity delivered;
28.32    (4) the count of individually wrapped packages delivered, if more than one is
28.33included in the quantity delivered;
29.1    (5) the quantity on which the price is based, if different than the quantity delivered;
29.2and
29.3    (6) the identity of the commodity in the most descriptive terms commercially
29.4practicable, including representations of quality made in connection with the sale.
29.5    (b) This section is not intended to conflict with the bulk sale requirements of the
29.6Department of Agriculture. If a conflict occurs, the law and rules of the Department of
29.7Agriculture govern.
29.8    (c) Firewood sold or distributed across state boundaries or more than 100 miles
29.9from its origin in this state must include delivery ticket information regarding the harvest
29.10locations of the wood by county or counties and state.
29.11(d) Paragraph (c) may be enforced using the authority granted in this chapter or
29.12section 18J.05 or 84D.13.

29.13    Sec. 56. Minnesota Statutes 2010, section 239.093, is amended to read:
29.14239.093 INFORMATION REQUIRED WITH PACKAGE.
29.15    (a) A package offered, exposed, or held for sale must bear a clear and conspicuous
29.16declaration of:
29.17    (1) the identity of the commodity in the package, unless the commodity can be easily
29.18identified through the wrapper or container;
29.19    (2) the net quantity in terms of weight, measure, or count;
29.20    (3) the name and address of the manufacturer, packer, or distributor, if the packages
29.21were not produced on the premises where they are offered, exposed, or held for sale; and
29.22    (4) the unit price, if the packages are part of a lot containing random weight
29.23packages of the same commodity.
29.24    (b) This section is not intended to conflict with the packaging requirements of the
29.25Department of Agriculture. If a conflict occurs, the laws and rules of the Department of
29.26Agriculture govern.
29.27    (c) Firewood sold or distributed across state boundaries or more than 100 miles from
29.28its origin in this state must include information regarding the harvest locations of the wood
29.29by county or counties and state on each label or wrapper.
29.30(d) Paragraph (c) may be enforced using the authority granted in this chapter or
29.31section 18J.05 or 84D.13.

29.32    Sec. 57. Minnesota Statutes 2010, section 239.77, subdivision 3, is amended to read:
29.33    Subd. 3. Exceptions. (a) The minimum content requirements of subdivision 2 do
29.34not apply to fuel used in the following equipment:
30.1    (1) motors located at an electric generating plant regulated by the Nuclear
30.2Regulatory Commission;
30.3    (2) railroad locomotives;
30.4    (3) off-road taconite and copper mining equipment and machinery;
30.5    (4) off-road logging equipment and machinery; and
30.6    (5) until May 1, 2010, vehicles and equipment used exclusively on an aircraft
30.7landing field vessels of the U.S. Coast Guard and vessels subject to inspection under
30.8United States Code, title 46, section 3301, subsections (1), (9), (10), (13), or (15).
30.9    (b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear
30.10Regulatory Commission has approved the use of biodiesel fuel in motors at electric
30.11generating plants under its regulation.
30.12    (c) The minimum content requirements of subdivision 2 do not apply to Number 1
30.13diesel fuel sold or offered for sale during the months of October, November, December,
30.14January, February, and March.
30.15(d) This subdivision expires on May 1, 2012 2014.
30.16EFFECTIVE DATE.This section is effective April 1, 2012.

30.17    Sec. 58. Minnesota Statutes 2010, section 239.77, subdivision 5, is amended to read:
30.18    Subd. 5. Annual report. (a) Beginning in 2009, the commissioner of agriculture
30.19must report by January 15 of each year to the chairs and ranking minority members of
30.20the legislative committees and divisions with jurisdiction over agriculture policy and
30.21finance regarding the implementation of the minimum content requirements in subdivision
30.222, including information about the price and supply of biodiesel fuel. The report shall
30.23include information about the impacts of the biodiesel mandate on the development of
30.24biodiesel production capacity in the state, and on the use of feedstock grown or raised in
30.25the state for biodiesel production. The report must include any written comments received
30.26from members of the biodiesel fuel task force by January 1 of that year designated by
30.27them for inclusion in the report.
30.28(b) The commissioner of agriculture, in consultation with the commissioner
30.29of commerce and the Biodiesel Fuel Task Force, shall study the need to continue
30.30the exceptions in subdivision 3. The 2013 report under paragraph (a) shall include
30.31recommendations for studies and other research needs to make a determination on the
30.32need for the exceptions, including any recommendations for use of the agricultural growth,
30.33research, and innovation program funding to conduct the research. The 2014 report under
30.34paragraph (a) shall contain the commissioner of agriculture's recommendations on whether
30.35to continue any of the exceptions in subdivision 3.

31.1    Sec. 59. Minnesota Statutes 2010, section 239.791, subdivision 1a, is amended to read:
31.2    Subd. 1a. Minimum ethanol content required. (a) Except as provided in
31.3subdivisions 10 to 14, on August 30, 2013 2014, and thereafter, a person responsible for
31.4the product shall ensure that all gasoline sold or offered for sale in Minnesota must contain
31.5at least the quantity of ethanol required by clause (1) or (2), whichever is greater:
31.6(1) 20 percent denatured ethanol by volume; or
31.7(2) the maximum percent of denatured ethanol by volume authorized in a waiver
31.8granted by the United States Environmental Protection Agency.
31.9(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a),
31.10clause (1), a gasoline/ethanol blend will be construed to be in compliance if the ethanol
31.11content, exclusive of denaturants and other permitted components, comprises not less than
31.1218.4 percent by volume and not more than 20 percent by volume of the blend as determined
31.13by an appropriate United States Environmental Protection Agency or American Society of
31.14Testing Materials standard method of analysis of alcohol content in motor fuels.
31.15(c) This subdivision expires on December 31, 2012 2013, if by that date:
31.16(1) the commissioner of agriculture certifies and publishes the certification in
31.17the State Register that at least 20 percent of the volume of gasoline sold in the state
31.18is denatured ethanol; or
31.19(2) federal approval has not been granted under paragraph (a), clause (1). The
31.20United States Environmental Protection Agency's failure to act on an application shall not
31.21be deemed approval under paragraph (a), clause (1), or a waiver under section 211(f)(4) of
31.22the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).

31.23    Sec. 60. Laws 2008, chapter 296, article 1, section 25, the effective date, as amended
31.24by Laws 2010, chapter 333, article 1, section 33, is amended to read:
31.25EFFECTIVE DATE.This section is effective June 1, 2012 2017.
31.26EFFECTIVE DATE.This section is effective the day following final enactment.

31.27    Sec. 61. Laws 2011, chapter 14, section 6, is amended by adding an effective date to
31.28read:
31.29EFFECTIVE DATE.This section is effective retroactively from April 16, 2011.

31.30    Sec. 62. NEXT GENERATION BIOFUEL BLENDS.
31.31The NextGen Energy Board, established in Minnesota Statutes, section 41A.105,
31.32shall include in its February 2013 report to the legislature an analysis of next generation
32.1biofuels that can be blended with gasoline or other energy sources. The report shall
32.2analyze research on next generation biofuel blends and information on federal approvals
32.3needed and the status of the federal approval for next generation biofuel blends.

32.4    Sec. 63. REPEALER.
32.5(a) Minnesota Statutes 2010, sections 17B.01; 17B.02; 17B.03; 17B.04; 17B.041;
32.617B.0451; 17B.048; 17B.05; 17B.06; 17B.07; 17B.10; 17B.11; 17B.12; 17B.13; 17B.14;
32.717B.15, subdivisions 1 and 3; 17B.16; 17B.17; 17B.18; 17B.20; 17B.22, subdivisions 1
32.8and 2; 17B.28; 17B.29; 27.19, subdivisions 2 and 3; 27.20; 35.243; 35.255; 35.67; 35.68;
32.935.69; 35.72; 223.16, subdivision 7; 223.18; 232.21, subdivision 4; 232.24, subdivision
32.103; 232.25; 233.01; 233.015; 233.017; 233.02; 233.03; 233.04; 233.05; 233.06; 233.07;
32.11233.08; 233.09; 233.10; 233.11; 233.12; 233.22; 233.23; 233.24; 233.33; 234.01; 234.03;
32.12234.04; 234.05; 234.06; 234.08; 234.09; 234.10; 234.11; 234.12; 234.13; 234.14; 234.15;
32.13234.16; 234.17; 234.18; 234.19; 234.20; 234.21; 234.22; 234.23; 234.24; 234.25; 234.27;
32.14235.01; 235.02; 235.04; 235.05; 235.06; 235.07; 235.08; 235.09; 235.10; 235.13; 235.18;
32.15236.01; 236.02; 236.03; 236.04; 236.05; 236.06; 236.07; 236.08; 236.09; 395.14; 395.15;
32.16395.16; 395.17; 395.18; 395.19; 395.20; 395.21; 395.22; 395.23; and 395.24, are repealed.
32.17(b) Minnesota Rules, parts 1505.0780; 1505.0810; 1511.0100; 1511.0110;
32.181511.0120; 1511.0130; 1511.0140; 1511.0150; 1511.0160; 1511.0170; 1562.0100,
32.19subparts 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25;
32.201562.0200; 1562.0400; 1562.0700; 1562.0900; 1562.1300; and 1562.1800, are repealed.

32.21ARTICLE 2
32.22FOOD ENFORCEMENT

32.23    Section 1. Minnesota Statutes 2010, section 17.982, subdivision 1, is amended to read:
32.24    Subdivision 1. Criminal penalties. A person who violates a provision of chapter
32.2525, 28A, 29, 31, 31A, or 31B, or 34 for which a penalty has not been prescribed is guilty
32.26of a misdemeanor.

32.27    Sec. 2. Minnesota Statutes 2010, section 17.983, is amended to read:
32.2817.983 ADMINISTRATIVE PENALTIES AND ENFORCEMENT.
32.29    Subdivision 1. Administrative penalties; citation. If a person has violated a
32.30provision of chapter 25, 28A, 29, 31, 31A, 31B, or 32, or 34, the commissioner may issue
32.31a written citation to the person by personal service or by certified mail. The citation must
32.32describe the nature of the violation and the statute or rule alleged to have been violated;
33.1state the time for correction, if applicable; and the amount of any proposed fine. The
33.2citation must advise the person to notify the commissioner in writing within 30 days if the
33.3person wishes to appeal the citation. If the person fails to appeal the citation, the citation
33.4is the final order and not subject to further review.
33.5    Subd. 3. Contested case. If a person appeals a citation or a penalty assessment
33.6within the time limits in subdivision 1, the commissioner shall initiate a contested
33.7proceeding under chapter 14. The report of the administrative law judge is the final
33.8decision of the commissioner of agriculture.

33.9    Sec. 3. Minnesota Statutes 2010, section 17.984, subdivision 1, is amended to read:
33.10    Subdivision 1. Authority. To carry out the commissioner's enforcement duties
33.11under chapter 29, 31, 31A, 32, or 34, the commissioner may, upon presenting appropriate
33.12credentials, during regular working hours and at other reasonable times, inspect premises
33.13subject to the commissioner's enforcement and licensing authority for reasons related to
33.14the commissioner's enforcement and licensing authority; request information from persons
33.15with information relevant to an inspection; and inspect relevant papers and records,
33.16including business records. The commissioner may issue notices in lieu of citations for
33.17minor violations if a notice is in the public interest.

33.18    Sec. 4. Minnesota Statutes 2010, section 28A.03, subdivision 3, is amended to read:
33.19    Subd. 3. Person. "Person" means any individual, firm, corporation, company,
33.20association, cooperative, or partnership and includes any trustee, receiver, assignee, or
33.21other similar representative thereof has the meaning given in section 34A.01, subdivision
33.2210.

33.23    Sec. 5. Minnesota Statutes 2010, section 28A.03, subdivision 5, is amended to read:
33.24    Subd. 5. Food. "Food," includes every article used for, entering into the
33.25consumption of, or used or intended for use in the preparation of food, drink, confectionery,
33.26or condiment for humans, whether simple, mixed or compound. "nonperishable food,"
33.27"frozen food," "perishable food," and "readily perishable food" have the meanings given
33.28in section 34A.01.
33.29(a) "Perishable food" is food which includes, but is not limited to fresh fruits, fresh
33.30vegetables, and other products which need protection from extremes of temperatures in
33.31order to avoid decomposition by microbial growth or otherwise.
33.32(b) "Readily perishable food" is food or a food ingredient consisting in whole or
33.33in part of milk, milk products, eggs, meat, fish, poultry or other food or food ingredient
34.1which is capable of supporting rapid and progressive growth of infectious or toxigenic
34.2microorganisms.
34.3(c) "Frozen food" is food which is processed and preserved by freezing in accordance
34.4with good commercial practices and which is intended to be sold in the frozen state.
34.5(d) For the purposes of this definition, packaged food in hermetically sealed
34.6containers processed by heat to prevent spoilage; packaged pickles; jellies, jams and
34.7condiments in sealed containers; bakery products such as bread, rolls, buns, donuts,
34.8fruit-filled pies and pastries; dehydrated packaged food; and dry or packaged food so low in
34.9moisture content as to preclude development of microorganisms are not "perishable food,"
34.10"readily perishable food," or "frozen food" within the meaning of paragraphs (a), (b), and
34.11(c), when they are stored and handled in accordance with good commercial practices.
34.12(e) "Nonperishable food" is food described in paragraph (d) with a shelf life of
34.13more than 90 days.

34.14    Sec. 6. Minnesota Statutes 2010, section 28A.03, subdivision 6, is amended to read:
34.15    Subd. 6. Sell; sale. "Sell" and "sale" include the keeping, offering, or exposing for
34.16sale, use, transporting, transferring, negotiating, soliciting, or exchange of food, the having
34.17in possession with intent to sell, use, transport, negotiate, solicit, or exchange the same
34.18and the storing, or carrying thereof in aid of traffic therein whether done or permitted in
34.19person or through others have the meanings given in section 34A.01, subdivision 12.

34.20    Sec. 7. Minnesota Statutes 2010, section 31.01, subdivision 2, is amended to read:
34.21    Subd. 2. Person. "Person" means any individual, firm, partnership, copartnership,
34.22society, association, company, or corporation and includes any trustee, receiver, assignee
34.23or other similar representative thereof has the meaning given in section 34A.01,
34.24subdivision 10.

34.25    Sec. 8. Minnesota Statutes 2010, section 31.01, subdivision 3, is amended to read:
34.26    Subd. 3. Food. "Food" means articles used for food or drink for humans or other
34.27animals, chewing gum, and articles used for components of any such article has the
34.28meaning given in section 34A.01, subdivision 4.

34.29    Sec. 9. Minnesota Statutes 2010, section 31.01, subdivision 4, is amended to read:
34.30    Subd. 4. Sell and sale. "Sell" and "sale" shall be considered to include the
34.31manufacture, production, processing, packing, exposure, offer, possession, and holding of
34.32any such article for sale; and the sale, dispensing, and giving of any such article, and the
35.1supplying or applying of any such article in the conduct of any food operation have the
35.2meanings given in section 34A.01, subdivision 12.

35.3    Sec. 10. Minnesota Statutes 2010, section 31.01, subdivision 21, is amended to read:
35.4    Subd. 21. Label. "Label" means a display of written, printed, or graphic matter
35.5upon the immediate container of any article, and includes a like display, if required by law
35.6or rule, on the outside container or wrapper, if any there be, of the retail package of such
35.7article has the meaning given in section 34A.01, subdivision 6.

35.8    Sec. 11. Minnesota Statutes 2010, section 31.01, subdivision 25, is amended to read:
35.9    Subd. 25. Labeling. "Labeling" means all labels and other written, printed, or
35.10graphic matter upon an article or any of its containers or wrappers, or accompanying such
35.11article has the meaning given in section 34A.01, subdivision 7.

35.12    Sec. 12. Minnesota Statutes 2010, section 31.01, subdivision 28, is amended to read:
35.13    Subd. 28. Pesticide chemical. "Pesticide chemical" means any substance which,
35.14alone, in chemical combination, or in formulation with one or more other substances is an
35.15"economic poison" within the meaning of chapter 24, or the Federal Insecticide, Fungicide
35.16and Rodenticide Act (United States Code, title 7, sections 135-135k), as amended, and
35.17which is used in the production, storage, or transportation of raw agricultural commodities
35.18has the meaning given in section 18B.01, subdivision 18.

35.19    Sec. 13. Minnesota Statutes 2010, section 31.121, is amended to read:
35.2031.121 FOOD ADULTERATION.
35.21A food shall be deemed to be adulterated: if it is covered by section 34A.02.
35.22(a) If it bears or contains any poisonous or deleterious substance which may render it
35.23injurious to health; but in case the substance is not an added substance such food shall
35.24not be considered adulterated under this clause if the quantity of such substance in such
35.25food does not ordinarily render it injurious to health; or
35.26(b) If it bears or contains any added poisonous or added deleterious substance, other
35.27than one which is a pesticide chemical in or on a raw agricultural commodity; a food
35.28additive; or a color additive, which is unsafe within the meaning of section 31.122; or
35.29(c) If it is a raw agricultural commodity and it bears or contains a pesticide chemical
35.30which is unsafe within the meaning of section 31.122; or
35.31(d) If it is or it bears or contains any food additive which is unsafe within the
35.32meaning of section 31.122; provided that where a pesticide chemical has been used in or
36.1on a raw agricultural commodity in conformity with an exemption granted or tolerance
36.2prescribed under section 31.122, and such raw agricultural commodity has been subjected
36.3to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of
36.4such pesticide chemical remaining in or on such processed food shall, notwithstanding
36.5the provisions of section 31.122 and this clause, not be deemed unsafe if such residue in
36.6or on the raw agricultural commodity has been removed to the extent possible in good
36.7manufacturing practice, and the concentration of such residue in the processed food
36.8when ready to eat is not greater than the tolerance prescribed for the raw agricultural
36.9commodity; or
36.10(e) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or
36.11decomposed substance, or if it is otherwise unfit for food; or
36.12(f) If it has been produced, prepared, packed, or held under insanitary conditions
36.13whereby it may have become contaminated with filth, or whereby it may have been
36.14rendered diseased, unwholesome, or injurious to health; or
36.15(g) If it is in whole or in part the product of a diseased animal or of an animal which
36.16has died otherwise than by slaughter, or of an animal that has been fed upon the uncooked
36.17offal from a slaughterhouse; or
36.18(h) If its container is composed in whole or in part of any poisonous or deleterious
36.19substance which may render the contents injurious to health; or
36.20(i) If it has been intentionally subjected to radiation, unless the use of the radiation
36.21was in conformity with a rule or exemption in effect pursuant to section 31.122 or section
36.22409 of the federal act; or
36.23(j) If any valuable constituent has been in whole or in part omitted or abstracted
36.24therefrom; or
36.25(k) If any substance has been substituted wholly or in part therefor; or
36.26(l) If damage or inferiority has been concealed in any manner; or
36.27(m) If any substance has been added thereto or mixed or packed therewith so as
36.28to increase its bulk or weight, or reduce its quality or strength or make it appear better
36.29or of greater value than it is; or
36.30(n) If it is confectionery, and (1) has partially or completely imbedded therein any
36.31nonnutritive object; provided, that this clause shall not apply in the case of any nonnutritive
36.32object if in the judgment of the commissioner, as provided by rules, such object is of
36.33practical functional value to the confectionery product and would not render the product
36.34injurious or hazardous to health; or (2) bears or contains any nonnutritive substance;
36.35provided, that this clause shall not apply to (i) a confection containing alcohol as defined
36.36in section 31.76, or (ii) a safe nonnutritive substance which is in or on confectionery by
37.1reason of its use for some practical functional purpose in the manufacture, packaging, or
37.2storing of such confectionery if the use of the substance does not promote deception of the
37.3consumer or otherwise result in adulteration or misbranding in violation of any provision
37.4of the Minnesota Food Law; and provided further, that the commissioner may, for the
37.5purpose of avoiding or resolving uncertainty as to the application of this clause, issue rules
37.6allowing or prohibiting the use of particular nonnutritive substances; or
37.7(o) If it is or bears or contains any color additive which is unsafe within the meaning
37.8of section 31.122; or
37.9(p) If it is oleomargarine or margarine or butter and any of the raw material used
37.10therein consisted in whole or in part of any filthy, putrid, or decomposed substance, or
37.11such oleomargarine or margarine or butter is otherwise unfit for food.

37.12    Sec. 14. Minnesota Statutes 2010, section 31.123, is amended to read:
37.1331.123 FOOD MISBRANDING.
37.14A food shall be deemed to be is misbranded: if it is covered by section 34A.03.
37.15(a) If its labeling is false or misleading in any particular, or if its labeling, whether on
37.16the commodity itself, its container or its package, fails to conform with the requirements
37.17of Laws 1974, chapter 84;
37.18(b) If it is offered for sale under the name of another food;
37.19(c) If it is an imitation of another food for which a definition and standard of identity
37.20have been prescribed by rules as provided by sections 31.10 and 31.102; or if it is an
37.21imitation of another food that is not subject to clause (g), unless in either case its label
37.22bears in type of uniform size and prominence the word "imitation" and immediately
37.23thereafter the name of the food imitated;
37.24(d) If its container is so made, formed, or filled as to be misleading;
37.25(e) If in package form, unless it bears a label containing (1) the name and place of
37.26business of the manufacturer, packer, or distributor, and (2) an accurate statement of
37.27the net quantity of the contents in terms of weight, measure, or numerical count, which
37.28statement shall be separately and accurately stated in a uniform location upon the principal
37.29display panel of the label; provided, that under this subclause reasonable variations shall
37.30be permitted, and exemptions as to small packages shall be established by rules prescribed
37.31by the commissioner;
37.32(f) If any word, statement, or other information required by or under authority of
37.33the Minnesota Food Law to appear on the label or labeling is not prominently placed
37.34thereon with such conspicuousness (as compared with other words, statements, designs, or
38.1devices, in the labeling) and in such terms as to render it likely to be read and understood
38.2by the ordinary individual under customary conditions of purchase and use;
38.3(g) If it purports to be or is represented as a food for which a definition and standard
38.4of identity have been prescribed by rules as provided by sections 31.10 and 31.102,
38.5unless (1) it conforms to such definition and standard, and (2) its label bears the name
38.6of the food specified in the definition and standard, and, insofar as may be required by
38.7such rules, the common names of optional ingredients (other than spices, flavoring, and
38.8coloring) present in such food;
38.9(h) If it purports to be or is represented as (1) a food for which a standard of quality
38.10has been prescribed by rules as provided by sections 31.10 and 31.102, and its quality falls
38.11below such standard unless its label bears, in such manner and form as such rules specify,
38.12a statement that it falls below such standard, or (2) a food for which a standard or standards
38.13of fill of container have been prescribed by rule as provided by sections 31.10 and 31.102,
38.14and it falls below the standard of fill of container applicable thereto unless its label bears, in
38.15such manner and form as such rules specify, a statement that it falls below such standard;
38.16(i) If it is not subject to the provisions of clause (g), unless it bears labeling clearly
38.17giving (1) the common or usual name of the food, if any there be, and (2) in case it
38.18is fabricated from two or more ingredients, the common or usual name of each such
38.19ingredient; except that spices, flavorings, and colorings, other than those sold as such,
38.20may be designated as spices, flavorings, and colorings, without naming each; provided,
38.21that to the extent that compliance with the requirements of this subclause is impractical
38.22or results in deception or unfair competition, exemptions shall be established by rules
38.23promulgated by the commissioner;
38.24(j) If it purports to be or is represented for special dietary uses, unless its label
38.25bears such information concerning its vitamin, mineral, and other dietary properties as
38.26the commissioner determines to be, and by rules prescribes as, necessary in order to fully
38.27inform purchasers as to its value for such uses;
38.28(k) If it bears or contains any artificial flavoring, artificial coloring, or chemical
38.29preservative, unless it bears labeling stating that fact; provided, that to the extent that
38.30compliance with the requirements of this clause is impracticable, exemptions shall be
38.31established by rules promulgated by the commissioner. The provisions of this clause and
38.32clauses (g) and (i) with respect to artificial coloring do not apply to butter, cheese or ice
38.33cream. The provisions with respect to chemical preservatives do not apply to a pesticide
38.34chemical when used in or on a raw agricultural commodity which is the product of the soil;
38.35(l) If it is a raw agricultural commodity which is the product of the soil, bearing or
38.36containing a pesticide chemical applied after harvest, unless the shipping container of such
39.1commodity bears labeling which declares the presence of such chemical in or on such
39.2commodity and the common or usual name and the function of such chemical; provided,
39.3however, that no such declaration shall be required while such commodity, having been
39.4removed from the shipping container, is being held or displayed for sale at retail out of
39.5such container in accordance with the custom of the trade;
39.6(m) If it is a product intended as an ingredient of another food and when used
39.7according to the directions of the purveyor will result in the final food product being
39.8adulterated or misbranded;
39.9(n) If it is a color additive unless its packaging and labeling are in conformity with
39.10such packaging and labeling requirements applicable to such color additive prescribed
39.11under the provisions of the federal act.

39.12    Sec. 15. Minnesota Statutes 2010, section 31A.02, subdivision 13, is amended to read:
39.13    Subd. 13. Adulterated. "Adulterated" means a carcass, part of a carcass, meat,
39.14poultry, poultry food product, or meat food product under one or more of the following
39.15circumstances: an item is covered by section 34A.02.
39.16(a) if it bears or contains a poisonous or harmful substance which may render
39.17it injurious to health; but if the substance is not an added substance, the article is not
39.18adulterated if the quantity of the substance in or on the article does not ordinarily make it
39.19injurious to health;
39.20(b) if it bears or contains, by administration of a substance to the live animal or
39.21otherwise, an added poisonous or harmful substance, other than (1) a pesticide chemical in
39.22or on a raw agricultural commodity; (2) a food additive; or (3) a color additive, which
39.23may, in the judgment of the commissioner, make the article unfit for human food;
39.24(c) if it is, in whole or in part, a raw agricultural commodity that bears or contains a
39.25pesticide chemical which is unsafe within the meaning of section 408 of the Federal
39.26Food, Drug, and Cosmetic Act;
39.27(d) if it bears or contains a food additive which is unsafe within the meaning of
39.28section 409 of the Federal Food, Drug, and Cosmetic Act;
39.29(e) if it bears or contains a color additive which is unsafe within the meaning of
39.30section 706 of the Federal Food, Drug, and Cosmetic Act;
39.31(f) if it contains a filthy, putrid, or decomposed substance or is for any other reason
39.32unfit for human food;
39.33(g) if it has been prepared, packed, or held under unsanitary conditions so that it may
39.34be contaminated with filth or harmful to health;
40.1(h) if it is wholly or partly the product of an animal which has died otherwise than
40.2by slaughter;
40.3(i) if its container is wholly or partly composed of a poisonous or harmful substance
40.4which may make the contents harmful to health;
40.5(j) if it has been intentionally subjected to radiation, unless the use of the radiation
40.6conformed with a regulation or exemption in effect under section 409 of the Federal
40.7Food, Drug, and Cosmetic Act;
40.8(k) if a valuable constituent has been wholly or partly omitted or removed from it;
40.9if a substance has been wholly or partly substituted for it; if damage or inferiority has
40.10been concealed; or if a substance has been added to it or mixed or packed with it so as
40.11to increase its bulk or weight, reduce its quality or strength, or make it appear better
40.12or of greater value than it is; or
40.13(l) if it is margarine containing animal fat and any of the raw material used in it
40.14wholly or partly consisted of a filthy, putrid, or decomposed substance.

40.15    Sec. 16. Minnesota Statutes 2010, section 31A.02, subdivision 14, is amended to read:
40.16    Subd. 14. Misbranded. "Misbranded" means a carcass, part of a carcass, meat,
40.17poultry, poultry food product, or meat food product under one or more of the following
40.18circumstances: an item is covered by section 34A.03.
40.19(a) if its labeling is false or misleading;
40.20(b) if it is offered for sale under the name of another food;
40.21(c) if it is an imitation of another food, unless its label bears, in type of uniform
40.22size and prominence, the word "imitation" followed immediately by the name of the
40.23food imitated;
40.24(d) if its container is made, formed, or filled so as to be misleading;
40.25(e) if its package or other container does not have a label showing (1) the name and
40.26place of business of the manufacturer, packer, or distributor; and (2) an accurate statement
40.27of the quantity of the contents in terms of weight, measure, or numerical count subject
40.28to reasonable variations permitted and exemptions for small packages established in
40.29rules of the commissioner;
40.30(f) if a word, statement, or other information required by or under authority of this
40.31chapter to appear on the label or other labeling is not prominently and conspicuously
40.32placed on the label or labeling in terms that make it likely to be read and understood by the
40.33ordinary individual under customary conditions of purchase and use;
40.34(g) if it is represented as a food for which a definition and standard of identity or
40.35composition has been prescribed by rules of the commissioner under section 31A.07,
41.1unless (1) it conforms to the definition and standard, and (2) its label bears the name of the
41.2food specified in the definition and standard and, if required by the rules, the common
41.3names of optional ingredients, other than spices, flavoring, and coloring, present in the
41.4food;
41.5(h) if it is represented as a food for which a standard of fill of container has been
41.6prescribed by rules of the commissioner under section 31A.07, and it falls below the
41.7applicable standard of fill of container, unless its label bears, in the manner and form the
41.8rules specify, a statement that it falls below the standard;
41.9(i) if it is not subject to paragraph (g), unless its label bears (1) the usual name of
41.10the food, if there is one, and (2) in case it is fabricated from two or more ingredients,
41.11the common or usual name of each ingredient; except that spices, flavorings, and
41.12colorings may, when authorized by the commissioner, be designated as spices, flavorings,
41.13and colorings without naming each. To the extent that compliance with clause (2) is
41.14impracticable, or results in deception or unfair competition, the commissioner shall
41.15establish exemptions by rule;
41.16(j) if it purports to be or is represented for special dietary uses, unless its label bears
41.17the information concerning its vitamin, mineral, and other dietary properties that the
41.18commissioner, after consultation with the Secretary of Agriculture of the United States,
41.19determines by rule to be necessary to inform purchasers of its value for special dietary uses;
41.20(k) if it bears or contains any artificial flavoring, artificial coloring, or chemical
41.21preservative, unless it bears labeling stating that fact;
41.22(l) if it fails to bear, directly or on its container, as the commissioner by rule
41.23prescribes, the inspection legend and other information the commissioner may require by
41.24rule to assure that it will not have false or misleading labeling and that the public will be
41.25told how to keep the article wholesome.

41.26    Sec. 17. Minnesota Statutes 2010, section 31A.02, subdivision 15, is amended to read:
41.27    Subd. 15. Label. "Label" means a display of written, printed, or graphic matter on
41.28an article's immediate container, not including package liners has the meaning given
41.29in section 34A.01, subdivision 6.

41.30    Sec. 18. Minnesota Statutes 2010, section 31A.02, subdivision 16, is amended to read:
41.31    Subd. 16. Labeling. "Labeling" means labels and other written, printed, or graphic
41.32matter (1) on an article or its containers or wrappers, or (2) accompanying an article has
41.33the meaning given in section 34A.01, subdivision 7.

42.1    Sec. 19. Minnesota Statutes 2010, section 31A.23, is amended to read:
42.231A.23 DETENTION OF ANIMALS OR PRODUCTS.
42.3This section applies to a carcass, part of a carcass, meat, or meat food product of an
42.4animal, a product exempted from the definition of a meat food product, or a dead, dying,
42.5disabled, or diseased animal. If an authorized representative of the commissioner finds
42.6such an article or animal on premises where it is held for purposes of, during, or after
42.7distribution in intrastate commerce, and there is reason to believe that it is adulterated or
42.8misbranded and is usable as human food, or that it has not been inspected, in violation of
42.9sections 31A.01 to 31A.16, the Federal Meat Inspection Act, or the Federal Food, Drug,
42.10and Cosmetic Act, or that the article or animal has been or is intended to be distributed in
42.11violation of a provision of those laws, it may be detained by the representative for up to
42.1220 days pending action under section 31A.24 34A.11, subdivision 2, or notification of
42.13federal authorities having jurisdiction over the article or animal. It must not be moved
42.14by a person, firm, or corporation from the place at which it is located when detained,
42.15until released by the representative. The representative may require all official marks to
42.16be removed from the article or animal before it is released unless the commissioner is
42.17satisfied that the article or animal is eligible to retain the official marks.

42.18    Sec. 20. Minnesota Statutes 2010, section 32.01, subdivision 11, is amended to read:
42.19    Subd. 11. Adulterated. "Adulterated" has the meaning given it in section 31.01,
42.20subdivision 19
, and acts amendatory thereof means an item is covered by section 34A.02.

42.21    Sec. 21. Minnesota Statutes 2010, section 32.01, subdivision 12, is amended to read:
42.22    Subd. 12. Misbranded. "Misbranded" or "misbranding" has the meaning given
42.23in section 31.01, subdivision 5, and acts amendatory thereof means an item is covered
42.24by section 34A.03.

42.25    Sec. 22. [34A.01] DEFINITIONS.
42.26    Subdivision 1. Applicability. The definitions in this section and chapters 28, 28A,
42.2729, 30, 31, 31A, 32, and 34 apply to this chapter. The definitions in this section apply
42.28to chapter 32.
42.29    Subd. 2. Commissioner. "Commissioner" means the commissioner of agriculture.
42.30    Subd. 3. Federal act. "Federal act" means the federal Food, Drug, and Cosmetic
42.31Act, as amended, United States Code, title 21, sections 301 et seq.
42.32    Subd. 4. Food. "Food" means every ingredient used for, entering into the
42.33consumption of, or used or intended for use in the preparation of food, drink, confectionery,
43.1or condiment for humans or other animals, whether simple, mixed, or compound; and
43.2articles used as components of these ingredients.
43.3    Subd. 5. Frozen food. "Frozen food" is food that is processed and preserved by
43.4freezing and which is intended to be sold in the frozen state.
43.5    Subd. 6. Label. "Label" means a display of written, printed, or graphic matter
43.6upon or affixed to the container of any food, and includes a like display, if required by
43.7law or rule, on the outside container or wrapper, if there is one, of the retail package
43.8of the food, not including package liners.
43.9    Subd. 7. Labeling. "Labeling" means labels and other written, printed, or graphic
43.10matter:
43.11(1) on food or its containers or wrappers;
43.12(2) accompanying or supporting food; or
43.13(3) a placard in, on, or adjacent to the food.
43.14    Subd. 8. Nonperishable food. "Nonperishable food" is food with a shelf life of
43.15more than 90 days and that is not perishable food, readily perishable food, or frozen food.
43.16    Subd. 9. Perishable food. "Perishable food" means food including, but not limited
43.17to, fresh fruits, fresh vegetables, and other products that need protection from extremes of
43.18temperatures in order to avoid decomposition by microbial growth or otherwise.
43.19    Subd. 10. Person. "Person" means any individual, firm, partnership, cooperative,
43.20society, joint stock association, association, company, or corporation and includes any
43.21officer, employee, agent, trustee, receiver, assignee, or other similar business entity or
43.22representative of one of those entities.
43.23    Subd. 11. Readily perishable food. "Readily perishable food" is food or a food
43.24ingredient consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry,
43.25or other food or food ingredient that is capable of supporting growth of infectious or
43.26toxigenic microorganisms. Readily perishable food requires time and temperature control
43.27to limit pathogenic microorganism growth or toxin formation.
43.28    Subd. 12. Sell; sale. "Sell" and "sale" mean keeping, offering, or exposing for sale,
43.29use, transporting, transferring, negotiating, soliciting, or exchanging food; having in
43.30possession with intent to sell, use, transport, negotiate, solicit, or exchange food; storing,
43.31manufacturing, producing, processing, packing, and holding of food for sale; dispensing or
43.32giving food; or supplying or applying food in the conduct of any food operation or carrying
43.33food in aid of traffic in food whether done or permitted in person or through others.

43.34    Sec. 23. [34A.012] EXCLUSIONS.
43.35The following items are not perishable food, readily perishable food, or frozen food:
44.1(1) packaged pickles;
44.2(2) jellies, jams, and condiments in sealed containers;
44.3(3) bakery products such as bread, rolls, buns, donuts, fruit-filled pies, and pastries;
44.4(4) dehydrated packaged food;
44.5(5) dry or packaged food with a water activity that precludes development of
44.6microorganisms; and
44.7(6) food in unopened hermetically sealed containers that is commercially processed
44.8to achieve and maintain commercial sterility under conditions of nonrefrigerated storage
44.9and distribution.

44.10    Sec. 24. [34A.02] ADULTERATION.
44.11Food is adulterated if:
44.12(1) it bears or contains any poisonous or deleterious substance which may render
44.13it injurious to health; but if the substance is not an added substance, the item is not
44.14adulterated under this clause if the quantity of the substance in the item does not ordinarily
44.15render it injurious to health;
44.16(2) it bears or contains any added poisonous, deleterious, or nonnutritive substance,
44.17other than one which is a pesticide in or on a raw agricultural commodity; a food additive;
44.18or a color additive, that is unsafe within the meaning of section 31.122 or section 406
44.19of the federal act;
44.20(3) it bears or contains, by administration of a substance to the live animal or
44.21otherwise, an added poisonous or harmful substance, other than a pesticide in or on a raw
44.22agricultural commodity, a food additive, or a color additive, that may, in the judgment of
44.23the commissioner, make the article unfit for human food;
44.24(4) it is unsafe or bears or contains any food additive that is unsafe within the
44.25meaning of section 31.122 or section 409 of the federal act;
44.26(5) it is or bears or contains any color additive that is unsafe within the meaning of
44.27section 31.122 or section 706 of the federal act;
44.28(6) it is a raw agricultural commodity and it bears or contains a pesticide that is
44.29unsafe within the meaning of section 31.122 or section 408 of the federal act;
44.30(7) it consists in whole or in part of a diseased, contaminated, filthy, putrid, or
44.31decomposed substance, or if it is otherwise unfit for food;
44.32(8) it has been produced, prepared, packed, or held under unsanitary conditions
44.33whereby it may have become contaminated with filth, or whereby it may have been
44.34rendered diseased, unwholesome, or injurious to health;
45.1(9) it is in whole or in part the product of a diseased animal or of an animal which
45.2has died otherwise than by slaughter that is unsafe within the meaning of section 402(a)(1)
45.3or (2) of the federal act, or of an animal that has been fed upon the uncooked offal from a
45.4slaughterhouse;
45.5(10) its container is wholly or partly composed of any poisonous or deleterious
45.6substance that may render the contents injurious to health;
45.7(11) it has been intentionally subjected to radiation, unless the use of the radiation
45.8was in conformity with a rule, regulation, or exemption in effect pursuant to section
45.931.122 or section 409 of the federal act;
45.10(12) any valuable constituent has been in whole or in part omitted or abstracted
45.11therefrom; if any substance has been substituted wholly or in part therefor; or if damage or
45.12inferiority has been concealed in any manner;
45.13(13) any substance has been added to it or mixed or packed with it so as to increase
45.14its bulk or weight, reduce its quality or strength, or make it appear better or of greater
45.15value than it is;
45.16(14) its composition or quality falls below or differs from that which it is purported
45.17or is represented to possess by its labeling; or
45.18(15) it is confectionery and:
45.19(i) has partially or completely imbedded therein any nonnutritive object; provided,
45.20that this clause does not apply in the case of any nonnutritive object if in the judgment
45.21of the commissioner, as provided by rules, the object is of practical functional value to
45.22the confectionery product and would not render the product injurious or hazardous to
45.23human or animal health; or
45.24(ii) bears or contains any nonnutritive substance; provided that this item does not
45.25apply to a confection containing alcohol as defined in section 31.76, or a safe nonnutritive
45.26substance which is in or on confectionery by reason of its use for some practical functional
45.27purpose in the manufacture, packaging, or storing of the confectionery if the use of the
45.28substance does not promote deception of the consumer or otherwise result in adulteration
45.29or misbranding in violation of this chapter, and provided further that the commissioner
45.30may, for the purpose of avoiding or resolving uncertainty as to the application of this
45.31clause, issue rules allowing or prohibiting the use of particular nonnutritive substances.

45.32    Sec. 25. [34A.03] MISBRANDING.
45.33(a) Food is misbranded if:
46.1(1) its labeling is false or misleading in any particular, or its labeling, whether on
46.2the item itself, its container, or its package, fails to conform with the requirements of
46.3this chapter;
46.4(2) it is offered for sale or distributed under the name of another food;
46.5(3) it is an imitation of another food for which a definition and standard of identity
46.6have been prescribed by rules as provided by sections 31.10 and 31.102; or if it is an
46.7imitation of another food that is not subject to clause (5), unless in either case its label
46.8bears in type of uniform size and prominence the word "imitation" and immediately
46.9thereafter the name of the food imitated;
46.10(4) its container is so made, formed, or filled as to be misleading;
46.11(5) it purports to be or is represented as a food for which a definition and standard
46.12of identity have been prescribed by rules as provided by sections 31.10, 31.102, and
46.1331A.07, unless it conforms to that definition and standard, and its label bears the name
46.14of the food specified in the definition and standard, and insofar as may be required by
46.15the rules, the common names of optional ingredients, other than spices, flavoring, and
46.16coloring, present in the food;
46.17(6) it purports to be or is represented as:
46.18(i) a food for which a standard of quality has been prescribed by rules as provided by
46.19sections 31.10 and 31.102, and its quality falls below that standard unless its label bears in
46.20a manner and form the rules specify, a statement that it falls below the standard; or
46.21(ii) a food for which a standard or standards of fill of container have been prescribed
46.22by rule as provided by sections 31.10, 31.102, and 31A.07, and it falls below the standard
46.23of fill of container applicable thereto unless its label bears, in a manner and form the rules
46.24specify, a statement that it falls below the standard;
46.25(7) it is not subject to clause (5), unless it bears labeling clearly giving the common
46.26or usual name of the food, if there is one, and in case it is fabricated from two or more
46.27ingredients, the common or usual name of each ingredient, except that spices, flavorings,
46.28and colorings, other than those sold as such, may be designated as spices, flavorings, and
46.29colorings, without naming each; provided, that to the extent that compliance with the
46.30requirements of this clause is impractical or results in deception or unfair competition,
46.31exemptions must be established by rules promulgated by the commissioner;
46.32(8) it purports to be or is represented for special dietary uses, unless its label
46.33bears information concerning its vitamin, mineral, and other dietary properties as the
46.34commissioner determines to be, and by rules prescribed as, necessary in order to fully
46.35inform purchasers as to its value for those uses;
47.1(9) it bears or contains any artificial flavoring, artificial coloring, or chemical
47.2preservative, unless it bears labeling stating that fact; provided that, to the extent that
47.3compliance with the requirements of this clause is impracticable, exemptions must be
47.4established by rules promulgated by the commissioner. The provisions of this clause and
47.5clauses (5) and (7) with respect to artificial coloring do not apply to butter, cheese, or ice
47.6cream. The provisions with respect to chemical preservatives do not apply to a pesticide
47.7when used in or on a raw agricultural commodity which is the product of the soil;
47.8(10) it is a product intended as an ingredient of another food and when used
47.9according to the directions of the purveyor will result in the final food product being
47.10adulterated or misbranded;
47.11(11) it is a color additive unless its packaging and labeling are in conformity with
47.12such packaging and labeling requirements applicable to the color additive prescribed
47.13under the provisions of the federal act;
47.14(12) it is food subject to section 31.101, subdivision 10, or chapter 31A, that fails to
47.15bear, directly or on its container, as the commissioner by rule prescribes, the inspection
47.16legend and other information the commissioner may require by rule to ensure that it
47.17will not have false or misleading labeling, and that the public will be told how to keep
47.18the article wholesome; or
47.19(13) its labeling would deceive or mislead the purchaser with respect to its
47.20composition or suitability.
47.21(b) Food is also misbranded if it is a raw agricultural commodity which is the
47.22product of the soil, bearing or containing a pesticide applied after harvest, unless the
47.23shipping container of that commodity bears labeling which declares the presence of the
47.24chemical in or on the commodity and the common or usual name and the function of the
47.25chemical. No such declaration is required while the commodity, having been removed
47.26from the shipping container, is being held or displayed for sale at retail out of the container
47.27in accordance with the custom of the trade.

47.28    Sec. 26. [34A.04] ENFORCEMENT.
47.29    Subdivision 1. Enforcement required. (a) The commissioner shall enforce this
47.30chapter and chapters 28, 28A, 29, 30, 31, 31A, and 34. To carry out the enforcement duties
47.31under these chapters, the commissioner may, upon presenting appropriate credentials,
47.32during regular working hours and at other reasonable times, inspect premises subject
47.33to the commissioner's enforcement and licensing authority; require information from
47.34persons with information relevant to an inspection; and inspect and copy relevant papers
47.35and records, including business records.
48.1(b) The commissioner may administer oaths, take and cause to be taken depositions
48.2of witnesses, and issue subpoenas, and may petition the district court in the county in which
48.3the premises is located to compel compliance with subpoenas or to permit an inspection.
48.4(c) Violations of chapters 28, 28A, 29, 30, 31, 31A, and 34, or rules adopted under
48.5chapters 28, 28A, 29, 30, 31, 31A, and 34 are a violation of this chapter.
48.6(d) Upon the request of the commissioner, county attorneys, sheriffs, and other
48.7officers having authority in the enforcement of the general criminal laws shall take action
48.8to the extent of their authority necessary or proper for the enforcement of this chapter or
48.9standards, stipulations, and agreements of the commissioner.
48.10    Subd. 2. Commissioner's discretion. If minor violations of this chapter occur or
48.11the commissioner believes the public interest will be best served by a suitable notice of
48.12warning in writing, this chapter does not require the commissioner to take any additional
48.13action.
48.14    Subd. 3. Civil actions. Civil judicial enforcement actions may be brought by the
48.15attorney general in the name of the state on behalf of the commissioner. A county attorney
48.16may bring a civil judicial enforcement action upon the request of the commissioner and
48.17agreement by the attorney general.
48.18    Subd. 4. Injunction. The commissioner may apply to a court with jurisdiction for a
48.19temporary or permanent injunction to prevent, restrain, or enjoin violations of provisions
48.20of this chapter.
48.21    Subd. 5. Criminal actions. Each county attorney or city attorney to whom the
48.22commissioner reports any violation of this chapter shall consider instituting appropriate
48.23proceedings in the proper courts and prosecuting them in the manner required by law. If
48.24the county or city attorney refuses to prosecute, the attorney general, on request of the
48.25commissioner, may prosecute.

48.26    Sec. 27. [34A.05] FALSE STATEMENT OR RECORD.
48.27A person must not knowingly make or offer a false statement, record, or other
48.28information as part of:
48.29(1) an application for registration, listing, license, certification, or permit subject
48.30to this chapter;
48.31(2) records or reports required subject to this chapter; or
48.32(3) an investigation of a violation of this chapter.

48.33    Sec. 28. [34A.06] ADMINISTRATIVE ACTIONS.
49.1    Subdivision 1. Administrative enforcement. (a) The commissioner may enforce
49.2this chapter by written warning, administrative meeting, cease and desist, forced sale,
49.3detain, embargo, condemnation, citation, corrective action order, seizure, agreement,
49.4withdrawal from distribution, or administrative penalty if the commissioner determines
49.5that the remedy is in the public interest.
49.6(b) For facilities required to submit a plan review under rules of the commissioner of
49.7agriculture, the commissioner may withdraw by written order the approval of a facility or
49.8equipment if:
49.9(1) hazards to human life exist; or
49.10(2) there is satisfactory evidence that the person to whom the approval was issued
49.11has used fraudulent or deceptive practices to evade or attempt to evade provisions of
49.12this chapter.
49.13(c) Any action under this subdivision may be appealed pursuant to section 34A.08.
49.14    Subd. 2. License revocation, suspension, and refusal. (a) The commissioner
49.15may revoke, suspend, limit, modify, or refuse to grant or renew a registration, listing,
49.16permit, license, or certification if a person violates or has violated this chapter within
49.17the last three years.
49.18(b) The commissioner may revoke, suspend, limit, modify, or refuse to grant or
49.19renew a registration, listing, permit, license, or certification to a person from another state
49.20if that person has had a registration, permit, license, or certification denied, revoked,
49.21or suspended by another state for an offense reasonably related to the requirements,
49.22qualifications, or duties of a registration, permit, license, or certification issued under
49.23this chapter.
49.24(c) The commissioner may revoke, suspend, limit, modify, or refuse to grant or
49.25renew a registration, listing, permit, license, or certification to a person after receiving
49.26satisfactory evidence that the registrant, permittee, licensee, or certificate holder has used
49.27fraudulent and deceptive practices in the evasion or attempted evasion of this chapter.
49.28(d) A registration, listing, permit, license, or certification may not be revoked or
49.29suspended until the registrant, permittee, licensee, or certificate holder has been given
49.30opportunity for a hearing by the commissioner. After receiving notice of revocation or
49.31suspension, a registrant, permittee, licensee, registrant, or certificate holder has ten days to
49.32request a hearing, or another time period mutually agreed to by both parties. If no request is
49.33made within ten days or other agreed-upon time, the registration, listing, permit, license, or
49.34certification is revoked or suspended. In the case of a refusal to grant a registration, listing,
49.35permit, license, or certification, the registrant, permittee, licensee, registrant, or certificate
50.1holder has ten days from notice of refusal to request a hearing. Upon receiving a request
50.2for hearing, the department shall proceed pursuant to section 34A.08, subdivision 2.

50.3    Sec. 29. [34A.07] ADMINISTRATIVE PENALTIES.
50.4    Subdivision 1. Assessment. (a) In determining the amount of the administrative
50.5penalty, the commissioner shall consider the economic gain received by the person
50.6allowing or committing the violation, the gravity of the violation in terms of actual or
50.7potential damage to human or animal health and the environment, the willfulness of the
50.8violation, number of violations, history of past violations, and other factors justice may
50.9require, if the additional factors are specifically identified in the inspection report. For a
50.10violation after an initial violation, the commissioner shall also consider the similarity of
50.11the most recent previous violation and the violation to be penalized, the time elapsed since
50.12the last violation, the number of previous violations, and the response of the person to the
50.13most recent previous violation identified.
50.14(b) The commissioner may issue an administrative citation assessing an
50.15administrative penalty of up to $1,500 for each violation of this chapter. Each day a
50.16violation continues is a separate violation. The citation must describe the nature of the
50.17violation, the statute or rule alleged to have been violated, the time for correction, if
50.18applicable, and the amount of any proposed fine. The citation must advise the person to
50.19notify the commissioner in writing within 20 days, or another time period mutually agreed
50.20to by the commissioner and the person subject to the citation, if the person wishes to
50.21appeal the citation and that if the person fails to appeal the citation, the citation is the
50.22final order and not subject to further review.
50.23(c) An administrative penalty may be assessed if the person subject to a written order
50.24does not comply with the order in the time provided in the order.
50.25    Subd. 2. Collection of penalty. (a) If a person subject to an administrative penalty
50.26fails to pay the penalty, which must be part of a final citation by the commissioner, by 30
50.27days after the final order is issued, the commissioner may commence a civil action for
50.28double the assessed penalty plus attorney fees and costs.
50.29(b) An administrative penalty may be recovered in a civil action in the name of the
50.30state brought in the district court of the county where the violation is alleged to have
50.31occurred or the district court where the commissioner has an office.

50.32    Sec. 30. [34A.08] APPEAL OF ADMINISTRATIVE ACTION OR PENALTY.
50.33    Subdivision 1. Notice of appeal. (a) After service of a citation under section 34A.07
50.34or order under section 34A.06, subdivision 1, a person has 20 days from receipt of the
51.1citation or order, or another time period mutually agreed to by the commissioner and the
51.2person subject to the citation or order, to notify the commissioner in writing that the
51.3person intends to contest the citation or order through a hearing. The hearing request
51.4must specifically identify the order or citation being contested and state the grounds for
51.5contesting it.
51.6(b) If the person fails to notify the commissioner that the person intends to contest
51.7the citation or order, the citation or order is final and not subject to further judicial or
51.8administrative review.
51.9    Subd. 2. Administrative review. If a person notifies the commissioner that
51.10the person intends to contest a citation or order issued under this chapter, the Office
51.11of Administrative Hearings shall conduct a hearing in accordance with the applicable
51.12provisions of chapter 14 for hearings in contested cases.

51.13    Sec. 31. [34A.09] CIVIL PENALTIES.
51.14    Subdivision 1. General penalty. A person who violates this chapter or an order,
51.15standard, stipulation, agreement, citation, or schedule of compliance of the commissioner
51.16or impedes, hinders, or otherwise prevents or attempts to prevent performance of a duty
51.17by the commissioner in connection with this chapter is subject to a civil penalty of up to
51.18$7,500 per day of violation as determined by the court.
51.19    Subd. 2. Actions to compel performance. In an action to compel performance of
51.20an order of the commissioner to enforce this chapter, the court must require a defendant
51.21adjudged responsible to perform the acts within the person's power that are reasonably
51.22necessary to accomplish the purposes of the order.
51.23    Subd. 3. Recovery of penalties by civil action. The civil penalties and payments
51.24provided for in this section may be recovered by a civil action brought by the county
51.25attorney or the attorney general in the name of the state.

51.26    Sec. 32. [34A.10] CRIMINAL PENALTIES.
51.27    Subdivision 1. General violation. Except as provided in subdivisions 2 and 3, a
51.28person is guilty of a misdemeanor if the person violates this chapter or an order, standard,
51.29citation, stipulation, agreement, or schedule of compliance of the commissioner, or
51.30impedes, hinders, or otherwise prevents, or attempts to prevent the commissioner or a
51.31duly authorized agent in performance of a duty in connection with this chapter. Unless
51.32otherwise specified in this chapter, each separate violation is a separate offense, except
51.33that in the case of a violation through continuing failure or neglect to obey this chapter,
51.34each day the failure or neglect continues is a separate offense.
52.1    Subd. 2. Violation endangering humans or animals. A person is guilty of a
52.2gross misdemeanor if the person violates this chapter or an order, standard, stipulation,
52.3agreement, or schedule of compliance of the commissioner and the violation endangers
52.4humans or animals.
52.5    Subd. 3. Violation with knowledge. A person is guilty of a gross misdemeanor if
52.6the person knowingly violates this chapter or an order, standard, stipulation, agreement, or
52.7schedule of compliance of the commissioner.

52.8    Sec. 33. [34A.11] EMBARGO, SEIZURE, AND CONDEMNATION.
52.9    Subdivision 1. Tag, notice, or withdrawal from distribution. If the commissioner
52.10finds probable cause to believe that any food, animal, or consumer commodity is being
52.11distributed in violation of this chapter or rules under this chapter, or is adulterated or so
52.12misbranded as to be dangerous or fraudulent, the commissioner shall affix to the food,
52.13animal, or consumer commodity a tag, withdrawal from distribution order, or other
52.14appropriate marking giving notice that the food, animal, or consumer commodity is, or is
52.15suspected of being, adulterated, misbranded, or distributed in violation of this chapter,
52.16and has been detained or embargoed, and warning all persons not to remove or dispose
52.17of the food, animal, or consumer commodity by sale or otherwise until permission for
52.18removal or disposal is given by the commissioner or the court. It is unlawful for a person
52.19to remove or dispose of a detained or embargoed food, animal, or consumer commodity by
52.20sale or otherwise without the commissioner's or a court's permission and each transaction
52.21is a separate violation of this subdivision.
52.22    Subd. 2. Seizure. A carcass; part of a carcass; meat or meat food product of an
52.23animal; or dead, dying, disabled, or diseased animal that is being transported in intrastate
52.24commerce, or is held for sale in this state after transportation in intrastate commerce, may
52.25be proceeded against, seized, and condemned if:
52.26(1) it is or has been prepared, sold, transported, or otherwise distributed, offered, or
52.27received for distribution in violation of this chapter;
52.28(2) it is usable as human food and is adulterated or misbranded; or
52.29(3) it is in any other way in violation of this chapter.
52.30The commissioner may act against the article or animal at any time on a complaint
52.31in the district court of the judicial district where the article or animal is found.
52.32    Subd. 3. Action for condemnation. If food or an article or animal, detained or
52.33embargoed under subdivision 1 has been found by the commissioner to be adulterated
52.34or misbranded or in violation of this chapter, the commissioner shall petition the district
52.35court in the county in which the food or animal is detained or embargoed for an order and
53.1decree for the condemnation of the food or animal. The commissioner shall release the
53.2food or animal when this chapter and rules adopted under this chapter have been complied
53.3with or the food or animal is found to be not adulterated or misbranded.
53.4    Subd. 4. Remedies. If the court finds that a detained or embargoed food or animal
53.5is adulterated, misbranded, or in violation of this chapter or rules adopted under this
53.6chapter, the following remedies are available:
53.7(1) after entering a decree, the food or animal may be destroyed at the expense of
53.8the claimant under the supervision of the commissioner, and all court costs, fees, storage,
53.9and other proper expenses, must be assessed against the claimant of the food or animal or
53.10the claimant's agent; and
53.11(2) if adulteration or misbranding can be corrected by proper labeling or processing
53.12of the food or animal, the court, after entry of the decree and after costs, fees, and expenses
53.13have been paid and a good and sufficient bond, conditioned that the food or animal must
53.14be properly labeled or processed, has been executed, may by order direct that the food or
53.15animal be delivered to the claimant for proper labeling or processing under the supervision
53.16of the commissioner. The expense of the supervision must be paid by the claimant. The
53.17food or animal must be returned to the claimant and the bond must be discharged on the
53.18representation to the court by the commissioner that the food or animal is no longer in
53.19violation and that the expenses for the supervision have been paid.
53.20    Subd. 5. Duties of commissioner. If the commissioner finds in any room, building,
53.21vehicle of transportation, or other structure any meat, seafood, poultry, vegetable, fruit, or
53.22other perishable articles of food that are unsound, or contain any filthy, decomposed, or
53.23putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the
53.24commissioner shall condemn or destroy the item or in any other manner render the item as
53.25unsalable as human food, and no one has any cause of action against the commissioner
53.26on account of the commissioner's action.
53.27    Subd. 6. Emergency response. If the governor declares an emergency order under
53.28section 12.31 and if the commissioner finds or has probable cause to believe that livestock,
53.29food, or a consumer commodity within a specific area is likely to be adulterated because
53.30of the emergency or so misbranded as to be dangerous or fraudulent, or is in violation of
53.31section 31.131, subdivision 1, the commissioner may embargo a geographic area that is
53.32included in the declared emergency. The commissioner shall provide notice to the public
53.33and to those with custody of the product in as thorough a manner as is practicable under
53.34the emergency circumstances.

53.35    Sec. 34. [34A.12] POWERS OF THE COMMISSIONER.
54.1    Subdivision 1. Gathering information. The commissioner may, for the purposes
54.2of this chapter:
54.3(1) gather and compile information concerning and investigate the organization,
54.4business, conduct, practices, and management of a person in intrastate commerce and
54.5the person's relation to other persons; and
54.6(2) require, by general or special orders, a person, persons, or a class of persons
54.7engaged in intrastate commerce to file with the commissioner, in the form the
54.8commissioner prescribes, annual and special reports or answers in writing to specific
54.9questions, giving the commissioner the information the commissioner requires about the
54.10organization, business, conduct, practices, management, and relation to other persons, of
54.11the person filing the reports or answers. The reports and answers must be made under
54.12oath, or otherwise, as the commissioner prescribes, and filed with the commissioner within
54.13a reasonable time the commissioner prescribes, unless additional time is granted by the
54.14commissioner.
54.15    Subd. 2. Examination of documents for evidence. (a) For purposes of this
54.16chapter, the commissioner must at all reasonable times be allowed to examine and
54.17copy documentary evidence of a person being investigated or proceeded against. The
54.18commissioner may subpoena witnesses and require the production of documentary
54.19evidence of a person relating to any matter under investigation. The commissioner
54.20may sign subpoenas, administer oaths and affirmations, examine witnesses, and receive
54.21evidence.
54.22(b) Attendance of witnesses and the production of documentary evidence may
54.23be required at a designated hearing place. In case of disobedience to a subpoena, the
54.24commissioner may invoke the aid of the district court to require the attendance and
54.25testimony of witnesses and the production of documentary evidence.
54.26(c) The district court, in case of refusal to obey a subpoena issued to a person, may
54.27issue an order requiring the person to appear before the commissioner or to produce
54.28documentary evidence if ordered, or to give evidence touching the matter in question.
54.29Failure to obey the order of the court may be punishable by the court as a contempt.
54.30(d) Upon the application of the attorney general at the request of the commissioner,
54.31the district court may order a person to comply with this chapter or an order of the
54.32commissioner made under this chapter.
54.33(e) The commissioner may order testimony to be taken by deposition in a proceeding
54.34or investigation pending under this chapter at any state of the proceeding or investigation.
54.35Depositions may be taken before a person designated by the commissioner and having
54.36power to administer oaths. The testimony must be reduced to writing by the person taking
55.1the deposition or under the person's direction and must then be signed by the witness. A
55.2person may be compelled to appear and depose and to produce documentary evidence
55.3in the same manner as witnesses may be compelled to appear and testify and produce
55.4documentary evidence before the commissioner.
55.5(f) Witnesses summoned before the commissioner may be paid the same fees and
55.6mileage that are paid witnesses in the district courts. Witnesses whose depositions are
55.7taken and the persons taking them may be entitled to the fees that are paid for those
55.8services in the district court.
55.9(g) A person is not excused from attending and testifying or from producing books,
55.10papers, schedules of charges, contracts, agreements, or other documentary evidence
55.11before the commissioner or in obedience to the subpoena of the commissioner whether
55.12the subpoena is signed or issued by the commissioner or the commissioner's agent, or in
55.13any cause or proceeding, criminal or otherwise, based upon or growing out of an alleged
55.14violation of this chapter because the testimony or evidence, documentary or otherwise,
55.15required of the person may tend to incriminate the person or subject the person to a
55.16penalty or forfeiture. No person may be prosecuted or subjected to a penalty or forfeiture
55.17on account of a matter concerning which the person is compelled, after having claimed
55.18a privilege against self-incrimination, to testify or produce evidence, documentary or
55.19otherwise, except that a witness is not exempt from prosecution and punishment for
55.20perjury committed in testifying.
55.21    Subd. 3. Penalties related to testimony and records. (a) A person who neglects
55.22or refuses to attend and testify, to answer a lawful inquiry, or to produce documentary
55.23evidence, if it is in the person's power to do so in obedience to the subpoena or lawful
55.24requirement of the commissioner, is guilty of a misdemeanor.
55.25(b) A person who willfully:
55.26(1) makes or causes to be made a false entry or statement of fact in a report required
55.27under this chapter;
55.28(2) makes or causes to be made a false entry in an account, record, or memorandum
55.29kept by a person subject to this chapter;
55.30(3) neglects or fails to make or to cause to be made full and correct entries in the
55.31accounts, records, or memoranda, of all facts and transactions relating to the person's
55.32business;
55.33(4) leaves the jurisdiction of this state;
55.34(5) mutilates, alters, or by any other means falsifies documentary evidence of a
55.35person subject to this chapter; or
56.1(6) refuses to submit to the commissioner, for inspection and copying, any
56.2documentary evidence of a person subject to this chapter in the person's possession or
56.3control, is guilty of a misdemeanor.
56.4(c) A person required by this chapter to file an annual or special report who fails to
56.5do so within the time fixed by the commissioner for filing the report and continues the
56.6failure for 30 days after notice of failure to file, is guilty of a misdemeanor.
56.7(d) An officer or employee of this state who makes public information obtained by
56.8the commissioner without the commissioner's authority, unless directed by a court, is
56.9guilty of a misdemeanor.

56.10    Sec. 35. REPEALER.
56.11(a) Minnesota Statutes 2010, sections 28.15; 28A.12; 28A.13; 29.28; 31.031;
56.1231.041; 31.05; 31.14; 31.393; 31.58; 31.592; 31.621, subdivision 5; 31.631, subdivision
56.134; 31.633, subdivision 2; 31.681; 31.74, subdivision 3; 31.91; 31A.24; 31A.26; and
56.1434.113, are repealed.
56.15(b) Minnesota Rules, parts 1540.0010, subpart 26; 1550.0930, subparts 3, 4, 5, 6,
56.16and 7; 1550.1040, subparts 3, 4, 5, and 6; and 1550.1260, subparts 6 and 7, are repealed.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569