1.1 	A bill for an act
1.2 	relating to agriculture; removing obsolete, redundant, and unnecessary laws 
1.3 	administered by the Department of Agriculture; transferring the enforcement 
1.4 	of warehouse law from the Department of Agriculture to the Department of 
1.5 	Commerce;amending Minnesota Statutes 2012, sections 17.03, subdivision 
1.6 	1; 17.101, subdivision 5; 28A.05; 28A.08, subdivision 3; 32.645, subdivision 
1.7 	1; 231.01, subdivisions 2, 5; 231.18, subdivision 3; 609B.105; Minnesota 
1.8 	Statutes 2013 Supplement, section 28A.0752, subdivision 1; repealing Minnesota 
1.9 	Statutes 2012, sections 17.03, subdivision 2; 17.038; 17.045; 17.1161; 17.138; 
1.10 	17.14, subdivisions 1, 3, 4; 17.15; 17.16; 17.17; 17.18; 17.181; 17.19; 17.42; 
1.11 	17.43; 17.44; 17.452, subdivisions 1, 2; 18.011; 18.62; 18.63; 18.64; 18.65; 
1.12 	18.66; 18.67; 18.68; 18.69; 18.70; 18.71; 30.003; 30.01, subdivisions 1, 6; 
1.13 	30.099; 30.10; 30.102; 30.103; 30.104; 30.15; 30.151; 30.152; 30.16; 30.161; 
1.14 	30.17; 30.19; 30.20; 30.201; 30.55; 30.56; 30.57; 30.58; 30.59; 32.104; 32.411, 
1.15 	subdivisions 1, 2, 3, 4, 5; 32.417; 32.57; 32.59.
1.16 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17 	ARTICLE 1
1.18 	AGRICULTURE; TECHNICAL CHANGES

1.19 	Section 1. Minnesota Statutes 2012, section 17.03, subdivision 1, is amended to read:
1.20 		Subdivision 1.Development of agricultural industries. The commissioner 
1.21 	shall encourage and promote the development of agricultural industries, investigate 
1.22 	marketing conditions affecting the marketing of farm products, and assist farmers, 
1.23 	producers, and consumers in the organization and management of cooperative enterprises 
1.24 	and the cooperative marketing of farm products; advise and assist in the location and 
1.25 	establishment of local markets when the commissioner determines that the public 
1.26 	necessity or the welfare of the community requires such markets, if satisfied that such 
1.27 	markets will be successfully operated by a cooperative company or municipality. It shall 
1.28 	be the duty of the Department of Agriculture and the Department of Agriculture of the 
2.1 	University of Minnesota to cooperate in all ways that may be beneficial to the agricultural 
2.2 	interests of the state. It is intended that police and organizational powers in reference 
2.3 	to agriculture shall be exercised by the state Department of Agriculture and that the 
2.4 	Department of Agriculture of the University of Minnesota shall retain its present powers 
2.5 	and duties relating to obtaining and disseminating agricultural information and conducting 
2.6 	agricultural research, and shall retain custody of scientific collections.

2.7 	Sec. 2. Minnesota Statutes 2012, section 17.101, subdivision 5, is amended to read:
2.8 		Subd. 5.Value-added agricultural product processing and marketing grant 
2.9 	program. (a) For purposes of this section:
2.10 	(1) "agricultural commodity" means a material produced for use in or as food, 
2.11 	feed, seed, or fiber and includes crops for fiber, food, oilseeds, seeds, livestock, 
2.12 	livestock products, dairy, dairy products, poultry, poultry products, and other products or 
2.13 	by-products of the farm produced for the same or similar use, except ethanol; and
2.14 	(2) "agricultural product processing facility" means land, buildings, structures, 
2.15 	fixtures, and improvements located or to be located in Minnesota and used or operated 
2.16 	primarily for the processing or production of marketable products from agricultural 
2.17 	commodities produced in Minnesota.
2.18 	(b) The commissioner shall establish and implement a value-added agricultural 
2.19 	product processing and marketing grant program to help farmers finance new cooperatives 
2.20 	that organize for the purposes of operating agricultural product processing facilities, 
2.21 	forming marketing cooperatives, and marketing activities related to the sale and 
2.22 	distribution of processed agricultural products.
2.23 	(c) To be eligible for this program a grantee must:
2.24 	(1) be a cooperative organized under chapter 308A;
2.25 	(2) certify that all of the control and equity in the cooperative is from farmers, family 
2.26 	farm partnerships, family farm limited liability companies, or family farm corporations 
2.27 	as defined in section 500.24, subdivision 2, who are actively engaged in agricultural 
2.28 	commodity production;
2.29 	(3) be operated primarily for the processing of agricultural commodities produced 
2.30 	in Minnesota;
2.31 	(4) receive agricultural commodities produced primarily by shareholders or members 
2.32 	of the cooperative; and
2.33 	(5) have no direct or indirect involvement in the production of agricultural 
2.34 	commodities.
3.1 	(d) The commissioner may receive applications from and make grants up to 
3.2 	$50,000 for feasibility, marketing analysis, assistance with organizational development, 
3.3 	financing and managing new cooperatives, product development, development of 
3.4 	business and marketing plans, and predesign of facilities including site analysis, 
3.5 	development of bid specifications, preliminary blueprints and schematics, and completion 
3.6 	of purchase agreements and other necessary legal documents to eligible cooperatives. 
3.7 	The commissioner shall give priority to applicants who use the grants for planning costs 
3.8 	related to an application for financial assistance from the United States Department of 
3.9 	Agriculture, Rural Business - Cooperative Service.

3.10 	Sec. 3. Minnesota Statutes 2012, section 28A.05, is amended to read:
3.11 	28A.05 CLASSIFICATION.
3.12 	All persons required to have a license under section 28A.04 shall be classified into 
3.13 	one of the following classes of food handlers, according to their principal mode of business.
3.14 	(a) Retail food handlers are persons who sell or process and sell food directly to the 
3.15 	ultimate consumer or who custom process meat or poultry. The term includes a person 
3.16 	who sells food directly to the ultimate consumer through the use of vending machines, and 
3.17 	a person who sells food for consumption on site or off site if the sale is conducted on the 
3.18 	premises that are part of a grocery or convenience store operation.
3.19 	(b) Wholesale food handlers are persons who sell to others for resale. A person who 
3.20 	handles food in job lots (jobbers) is included in this classification.
3.21 	(c) Wholesale food processors or manufacturers are persons who process or 
3.22 	manufacture raw materials and other food ingredients into food items, or who reprocess 
3.23 	food items, or who package food for sale to others for resale, or who commercially 
3.24 	slaughter animals or poultry. Included herein are persons who can, extract, ferment, distill, 
3.25 	pickle, bake, freeze, dry, smoke, grind, mix, stuff, pack, bottle, recondition, or otherwise 
3.26 	treat or preserve food for sale to others for resale, cold storage warehouse operators as 
3.27 	defined in section 28.01, subdivision 3, salvage food processors as defined in section 
3.28 	31.495, subdivision 1, and dairy plants as defined in section 32.01, subdivision 6, and 
3.29 	nonresident manufacturers of frozen foods as described in section 32.59.
3.30 	(d) A food broker is a person who buys and sells food and who negotiates between a 
3.31 	buyer and a seller of food, but who at no time has custody of the food being bought and sold.

3.32 	Sec. 4. Minnesota Statutes 2013 Supplement, section 28A.0752, subdivision 1, is 
3.33 	amended to read:
4.1 		Subdivision 1.Agreements to perform duties of the commissioner. (a) 
4.2 	Agreements to delegate licensing and inspection duties pertaining to retail grocery or 
4.3 	convenience stores shall include licensing, inspection, reporting, and enforcement duties 
4.4 	authorized under sections 17.04, 29.21, 29.23, 29.235, 29.236, 29.237, 29.24, 29.25, 
4.5 	29.26, 29.27, 30.003, 30.01, 30.099, 30.103, 30.104, 30.15, 30.19, and30.49, 30.55, 
4.6 	30.56, 30.57, 30.58, and 30.59, appropriate sections of the Minnesota Food Law, chapters 
4.7 	31 and 34A, and applicable Minnesota food rules.
4.8 	(b) Agreements are subject to subdivision 3.
4.9 	(c) This subdivision does not affect agreements entered into under section 28A.075 
4.10 	or current cooperative agreements which base inspections and licensing responsibility on 
4.11 	the firm's most predominant mode of business.

4.12 	Sec. 5. Minnesota Statutes 2012, section 28A.08, subdivision 3, is amended to read:
4.13 		Subd. 3.Fees effective July 1, 2003.
 
4.14					Penalties
	
4.15
4.16
4.17		Type of food handler
		License Fee 
Effective 
July 1, 2003
	Late 
Renewal
	No License
	
4.18	1.
	Retail food handler
					
4.19
4.20
4.21
4.22
4.23		(a) Having gross sales of only prepackaged 
nonperishable food of less than $15,000 
for the immediately previous license or 
fiscal year and filing a statement with the 
commissioner
		$ 50
	$ 17
	$ 33
	
4.24
4.25
4.26
4.27
4.28		(b) Having under $15,000 gross sales 
or service including food preparation or 
having $15,000 to $50,000 gross sales 
or service for the immediately previous 
license or fiscal year
		$ 77
	$ 25
	$ 51
	
4.29
4.30
4.31		(c) Having $50,001 to $250,000 gross sales 
or service for the immediately previous 
license or fiscal year
		$155
	$ 51
	$102
	
4.32
4.33
4.34		(d) Having $250,001 to $1,000,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$276
	$ 91
	$ 182
	
4.35
4.36
4.37		(e) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$799
	$264
	$527
	
4.38
4.39
4.40		(f) Having $5,000,001 to $10,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,162
	$383
	$767
	
4.41
4.42
4.43		(g) Having $10,000,001 to $15,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,376
	$454
	$908
	
5.1
5.2
5.3		(h) Having $15,000,001 to $20,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,607
	$530
	$1,061
	
5.4
5.5
5.6		(i) Having $20,000,001 to $25,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,847
	$610
	$1,219
	
5.7
5.8
5.9		(j) Having over $25,000,001 gross sales 
or service for the immediately previous 
license or fiscal year
		$2,001
	$660
	$1,321
	
5.10	2.
	Wholesale food handler
					
5.11
5.12
5.13		(a) Having gross sales or service of less 
than $25,000 for the immediately previous 
license or fiscal year
		$ 57
	$ 19
	$ 38
	
5.14
5.15
5.16		(b) Having $25,001 to $250,000 gross sales 
or service for the immediately previous 
license or fiscal year
		$284
	$ 94
	$187
	
5.17
5.18
5.19
5.20		(c) Having $250,001 to $1,000,000 gross 
sales or service from a mobile unit without 
a separate food facility for the immediately 
previous license or fiscal year
		$444
	$147
	$293
	
5.21
5.22
5.23
5.24		(d) Having $250,001 to $1,000,000 
gross sales or service not covered under 
paragraph (c) for the immediately previous 
license or fiscal year 
		$590
	$195
	$389
	
5.25
5.26
5.27		(e) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$769
	$254
	$508
	
5.28
5.29
5.30		(f) Having $5,000,001 to $10,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$920
	$304
	$607
	
5.31
5.32
5.33		(g) Having $10,000,001 to $15,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$990
	$327
	$653
	
5.34
5.35
5.36		(h) Having $15,000,001 to $20,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,156
	$381
	$763
	
5.37
5.38
5.39		(i) Having $20,000,001 to $25,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,329
	$439
	$877
	
5.40
5.41
5.42		(j) Having over $25,000,001 or more 
gross sales or service for the immediately 
previous license or fiscal year
		$1,502
	$496
	$991
	
5.43	3.
	Food broker
		$150
	$ 50
	$ 99
	
5.44	4.
	Wholesale food processor or manufacturer
					
5.45
5.46
5.47		(a) Having gross sales or service of 
less than $125,000 for the immediately 
previous license or fiscal year
		$169
	$ 56
	$112
	
5.48
5.49
5.50		(b) Having $125,001 to $250,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$392
	$129
	$259
	
6.1
6.2
6.3		(c) Having $250,001 to $1,000,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$590
	$195
	$389
	
6.4
6.5
6.6		(d) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$769
	$254
	$508
	
6.7
6.8
6.9		(e) Having $5,000,001 to $10,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$920
	$304
	$607
	
6.10
6.11
6.12		(f) Having $10,000,001 to $15,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,377
	$454
	$909
	
6.13
6.14
6.15		(g) Having $15,000,001 to $20,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,608
	$531
	$1,061
	
6.16
6.17
6.18		(h) Having $20,000,001 to $25,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,849
	$610
	$1,220
	
6.19
6.20
6.21		(i) Having $25,000,001 to $50,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$2,090
	$690
	$1,379
	
6.22
6.23
6.24		(j) Having $50,000,001 to $100,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$2,330
	$769
	$1,538
	
6.25
6.26
6.27		(k) Having $100,000,000 or more gross 
sales or service for the immediately 
previous license or fiscal year
		$2,571
	$848
	$1,697
	
6.28
6.29
6.30	5.
	Wholesale food processor of meat or 
poultry products under supervision of the 
U.S. Department of Agriculture
					
6.31
6.32
6.33		(a) Having gross sales or service of 
less than $125,000 for the immediately 
previous license or fiscal year
		$112
	$ 37
	$ 74
	
6.34
6.35
6.36		(b) Having $125,001 to $250,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$214
	$ 71
	$141
	
6.37
6.38
6.39		(c) Having $250,001 to $1,000,000 gross 
sales or service for the immediately 
previous license or fiscal year
		$333
	$110
	$220
	
6.40
6.41
6.42		(d) Having $1,000,001 to $5,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$425
	$140
	$281
	
6.43
6.44
6.45		(e) Having $5,000,001 to $10,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$521
	$172
	$344
	
6.46
6.47
6.48		(f) Having over $10,000,001 gross sales 
or service for the immediately previous 
license or fiscal year
		$765
	$252
	$505
	
6.49
6.50
6.51		(g) Having $15,000,001 to $20,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$893
	$295
	$589
	
7.1
7.2
7.3		(h) Having $20,000,001 to $25,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,027
	$339
	$678
	
7.4
7.5
7.6		(i) Having $25,000,001 to $50,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,161
	$383
	$766
	
7.7
7.8
7.9		(j) Having $50,000,001 to $100,000,000 
gross sales or service for the immediately 
previous license or fiscal year
		$1,295
	$427
	$855
	
7.10
7.11
7.12		(k) Having $100,000,001 or more gross 
sales or service for the immediately 
previous license or fiscal year
		$1,428
	$471
	$942
	
7.13
7.14	6.
	Wholesale food processor or manufacturer 
operating only at the State Fair
		$125
	$ 40
	$ 50
	
7.15
7.16
7.17	7.
	Wholesale food manufacturer having the 
permission of the commissioner to use the 
name Minnesota Farmstead cheese
		$ 30
	$ 10
	$ 15
	
7.18	8.
	Nonresident frozen dairy manufacturer
		$200
	$ 50
	$ 75
	
7.19
7.20
7.21	9
 8.
	Wholesale food manufacturer processing 
less than 700,000 pounds per year of raw 
milk
		$ 30
	$ 10
	$ 15
	
7.22
7.23
7.24
7.25
7.26	10
 9.
	A milk marketing organization without 
facilities for processing or manufacturing 
that purchases milk from milk producers 
for delivery to a licensed wholesale food 
processor or manufacturer
		$ 50
	$ 15
	$ 25

7.27 	Sec. 6. Minnesota Statutes 2012, section 32.645, subdivision 1, is amended to read:
7.28 		Subdivision 1.Gross misdemeanor; license revocation. Any person licensed 
7.29 	under the provisions of sections 28A.04, 28A.14, and32.56, and 32.59, who knowingly 
7.30 	violates, or who directs or knowingly permits any officer, agent, or employee to violate,
7.31 	 section 32.62, subdivision 2, clause (1) or (3), is guilty of a gross misdemeanor. For 
7.32 	each subsequent offense, in addition to any fine or imprisonment imposed under this 
7.33 	subdivision, upon conviction thereof, the commissioner of agriculture shall revoke or 
7.34 	withhold issuing to such offender any license required under the provisions of sections 
7.35 	28A.04, 28A.14, and32.56, and 32.59, and in such case of revocation of license 
7.36 	the commissioner shall not issue any license for the operation of such frozen food 
7.37 	manufacturing plant for a period of one year from the date of such revocation.

7.38 	Sec. 7. Minnesota Statutes 2012, section 609B.105, is amended to read:
7.39 	609B.105 VIOLATION OF CONTAINER LABEL INFORMATION LAWS; 
7.40 	LICENSE REVOCATION.
8.1 	Section 32.645 requires the commissioner of agriculture to revoke or withhold 
8.2 	issuing any license required under sections 28A.04, 28A.14, and32.56, and 32.59 to a 
8.3 	person convicted of a subsequent offense under section 32.645.

8.4 	Sec. 8. REVISOR'S INSTRUCTION.
 8.5 	(a) The revisor of statutes shall make all necessary cross-reference changes in 
8.6 	Minnesota Statutes and Minnesota Rules consistent with section 9. The revisor shall 
8.7 	make any necessary grammatical changes or changes to sentence structure to preserve the 
8.8 	meaning of the text as a result of any cross-reference change required by this section.
8.9 	(b) The revisor of statutes shall renumber Minnesota Statutes, section 17.037 as 
8.10 	Minnesota Statutes, section 28A.0753. The revisor of statutes shall make any necessary 
8.11 	cross-reference changes consistent with the renumbering.

8.12 	Sec. 9.  REPEALER.
 8.13 	Minnesota Statutes 2012, sections 17.03, subdivision 2; 17.038; 17.045; 17.1161; 
8.14 	17.138; 17.14, subdivisions 1, 3, and 4; 17.15; 17.16; 17.17; 17.18; 17.181; 17.19; 17.42; 
8.15 	17.43; 17.44; 17.452, subdivisions 1 and 2; 18.011; 18.62; 18.63; 18.64; 18.65; 18.66; 
8.16 	18.67; 18.68; 18.69; 18.70; 18.71; 30.003; 30.01, subdivisions 1 and 6; 30.099; 30.10; 
8.17 	30.102; 30.103; 30.104; 30.15; 30.151; 30.152; 30.16; 30.161; 30.17; 30.19; 30.20; 
8.18 	30.201; 30.55; 30.56; 30.57; 30.58; 30.59; 32.104; 32.411, subdivisions 1, 2, 3, 4, and 
8.19 	5; 32.417; 32.57; and 32.59, are repealed.

8.20 	ARTICLE 2
8.21 	WAREHOUSES

8.22 	Section 1. Minnesota Statutes 2012, section 231.01, subdivision 2, is amended to read:
8.23 		Subd. 2.Commissioner. "Commissioner" means the commissioner of agriculture
8.24 	 commerce.

8.25 	Sec. 2. Minnesota Statutes 2012, section 231.01, subdivision 5, is amended to read:
8.26 		Subd. 5.Department. "Department" means the Department of Agriculture
8.27 	 Commerce.

8.28 	Sec. 3. Minnesota Statutes 2012, section 231.18, subdivision 3, is amended to read:
8.29 		Subd. 3.Where to file. All claims must be filed with the Minnesota Department of 
8.30 	Agriculture, Grain Licensing and Auditing Section Commerce.

9.1 	Sec. 4. EFFECTIVE DATE.
 9.2 	Sections 1 to 3 are effective July 1, 2015.