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SF 2379

as introduced - 93rd Legislature (2023 - 2024) Posted on 06/15/2023 11:45am

KEY: stricken = removed, old language.
underscored = added, new language.
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Current Version - as introduced

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A bill for an act
 relating to agriculture; modifying provisions regulating the dairy industry; amending
Minnesota Statutes 2022, sections 17.983, subdivision 1; 32D.02, subdivision 2;
32D.09, subdivision 2; 34A.04, subdivision 1; repealing Minnesota Statutes 2022,
sections 17.984; 32D.03, subdivision 5.

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

Section 1.

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


Subdivision 1.

Administrative penalties; citation.

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

Sec. 2.

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


Subd. 2.

Power and authority.

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

Sec. 3.

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


Subd. 2.

Permitting.

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

Sec. 4.

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


Subdivision 1.

Enforcement required.

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

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

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

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

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, sections 17.984; and 32D.03, subdivision 5, new text end new text begin are repealed.
 new text end

APPENDIX

Repealed Minnesota Statutes: 23-00335

17.984 INVESTIGATION.

Subdivision 1.

Authority.

To carry out the commissioner's enforcement duties under chapter 32D, the commissioner may, upon presenting appropriate credentials, during regular working hours and at other reasonable times, inspect premises subject to the commissioner's enforcement and licensing authority for reasons related to the commissioner's enforcement and licensing authority; request information from persons with information relevant to an inspection; and inspect relevant papers and records, including business records. The commissioner may issue notices in lieu of citations for minor violations if a notice is in the public interest.

Subd. 2.

Failure to comply.

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

32D.03 BULK MILK HAULER AND SAMPLER LICENSE.

Subd. 5.

Suspension or cancellation.

The commissioner is empowered to conduct enforcement action, suspend, or cancel any bulk milk hauler and sampler license pursuant to section 34A.06.