Minnesota Legislature
SF 3334
1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Current Version - 1st Engrossment
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A bill for an act
relating to agriculture; changing certain food law provisions; amending
Minnesota Statutes 2004, sections 25.33, subdivision 11; 25.39, subdivisions
2, 3; 25.40; 25.41, subdivisions 1, 2, 4, 7, by adding a subdivision; 25.42,
subdivision 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2004, section 25.33, subdivision 11, is amended to read:
Subd. 11.
Brand name.
"Brand name" means any word, name, symbol, or device,
or any combination thereof, identifying the commercial feed of a distributor or deleted text begin registrantdeleted text end new text begin
license holdernew text end and distinguishing it from that of others.
Sec. 2.
Minnesota Statutes 2004, section 25.39, subdivision 2, is amended to read:
Subd. 2.
Annual statement.
A person who is liable for the payment of a fee under
this section shall file with the commissioner on forms furnished by the commissioner an
annual statement setting forth the number of net tons of commercial feeds distributed in
this state during the calendar year. The report is due by the 31st of each January. The
inspection fee at the rate specified in subdivision 1 must accompany the statement. For
each tonnage report not filed or payment of inspection fees not made on time, a penalty
of ten percent of the amount due, with a minimum penalty of $10, must be assessed
against the deleted text begin registrant deleted text end new text begin license holdernew text end , and the amount of fees due, plus penalty, is a debt and
may be recovered in a civil action against the deleted text begin registrant deleted text end new text begin license holdernew text end . The assessment
of this penalty does not prevent the department from taking other actions as provided
in this chapter.
Sec. 3.
Minnesota Statutes 2004, section 25.39, subdivision 3, is amended to read:
Subd. 3.
Records.
Each person required to pay an inspection fee or to report
in accordance with this section shall keep records deleted text begin that are necessary or requireddeleted text end new text begin ,
as determinednew text end by the commissioner deleted text begin to indicatedeleted text end new text begin ,new text end accuratelynew text begin detailingnew text end the tonnage of
commercial feed distributed in this statedeleted text begin , and the commissioner may examine those records
to verify statements of tonnage. Failure to make an accurate statement of tonnage or to
pay the inspection fee or comply with this section is sufficient cause for the cancellation of
the commercial feed license of the distributordeleted text end .new text begin Records upon which the tonnage is based
must be maintained for six years and made available to the commissioner for inspection,
copying, and audit. A person who is located outside of this state must maintain and make
available records required by this section in this state or pay all costs incurred in auditing
of the records at another location. Unless required for the enforcement of this chapter, the
information in the records required by this subdivision is private or nonpublic.
new text end
Sec. 4.
Minnesota Statutes 2004, section 25.40, is amended to read:
25.40 RULES.
Subdivision 1.
Adoption.
The commissioner may deleted text begin promulgate suchdeleted text end new text begin adoptnew text end rules for
commercial feedsnew text begin , pet foods,new text end and new text begin specialty new text end pet foods as are authorized in sections 25.31 to
25.43 and such other reasonable rules as may be necessary for the efficient enforcement
of sections 25.31 to 25.43. In the interest of uniformity the commissioner shall by rule
adopt, unless the commissioner determines that they are inconsistent with the provisions
of sections 25.31 to 25.43 or are not appropriate to conditions which exist in this state,
the following:
(a) the official definitions of feed ingredients and official feed terms adopted by the
Association of American Feed Control Officials and published in the official publication
of that organizationdeleted text begin ,deleted text end new text begin ;new text end and
(b) any rule promulgated pursuant to the authority of the federal Food, Drug, and
Cosmetic Act, provided, that the commissioner would have the authority under sections
25.31 to 25.43 to deleted text begin promulgate suchdeleted text end new text begin adopt thenew text end rules.
Subd. 2.
Notice; public comment.
Before the issuance, amendment, or repeal
of any rule authorized by sections 25.31 to 25.43, the commissioner shall publish the
proposed rule, amendment, or notice to repeal an existing rule in a manner reasonably
calculated to give interested parties, including all current deleted text begin registrantsdeleted text end new text begin license holdersnew text end ,
adequate notice and shall afford all interested persons an opportunity to present their
views deleted text begin thereon,deleted text end orally or in writing, within a reasonable period of time. After consideration
of all views presented by interested persons, the commissioner shall take appropriate
action to issue the proposed rule or to amend or repeal an existing rule. The provisions
of this subdivision notwithstanding, if the commissioner, pursuant to the authority of
sections 25.31 to 25.43, adopts the official definitions of feed ingredients or official feed
terms as adopted by the Association of American Feed Control Officials, or regulations
promulgated pursuant to the authority of the federal Food, Drug, and Cosmetic Act, any
amendment or modification adopted by said association or by the secretary of health,
education and welfare in the case of regulations promulgated pursuant to the federal
Food, Drug, and Cosmetic Act, shall be adopted automatically under sections 25.31 to
25.43 without regard to the publication of the notice required by this subdivision unless
the commissioner, by order specifically determines that said amendment or modification
shall not be adopted.
Sec. 5.
Minnesota Statutes 2004, section 25.41, subdivision 1, is amended to read:
Subdivision 1.
Authorization; limitation.
For the purpose of enforcement of
sections 25.31 to 25.43, andnew text begin associated rules,new text end in order to determine whether deleted text begin itsdeleted text end new text begin thenew text end
provisions have been complied with, including whether or not any operations may be
subject to such provisions, officers or employees duly designated by the commissioner,
upon presenting appropriate credentials, and a written notice to the owner, operator, or
agent in charge, are authorizednew text begin :new text end
(1) to enter, during normal business hours, any factory, warehouse, or establishment
within the state in which commercial feeds are manufactured, processed, packed, or held
for distribution, or to enter any vehicle being used to transport or hold such feeds; and
(2) to inspect at reasonable times deleted text begin anddeleted text end new text begin ,new text end within reasonable limitsnew text begin ,new text end and in a reasonable
manner, such factory, warehouse, establishment or vehicle and all pertinent equipment,
finished and unfinished materials, containers, and labeling therein. The inspection may
include the verification of deleted text begin only suchdeleted text end recordsdeleted text begin ,deleted text end and production and control proceduresnew text begin
related to the manufacture, distribution, storage, handling, or disposal of commercial feednew text end
as may be necessary to determine compliance with deleted text begin the good manufacturing practice rules
established under section 25.37, clause (h)deleted text end new text begin this chapternew text end .
Sec. 6.
Minnesota Statutes 2004, section 25.41, subdivision 2, is amended to read:
Subd. 2.
Notification; promptness.
A separate notice shall be given for each
deleted text begin suchdeleted text end inspection, but a notice shall not be required for each entry made during the period
covered by the inspection. Each deleted text begin suchdeleted text end inspection shall be commenced and completed with
reasonable promptness. Upon completion of the inspection, the deleted text begin persondeleted text end new text begin owner, operator, or
agentnew text end in charge of the facility or vehicle shall be so notified.
Sec. 7.
Minnesota Statutes 2004, section 25.41, subdivision 4, is amended to read:
Subd. 4.
Refusal to admit inspector.
If the ownernew text begin , operator, or agent in chargenew text end
of any factory, warehouse, or establishment described in subdivision 1, deleted text begin or the owner's
agent,deleted text end refuses to admit the commissioner or the commissioner's agent to inspect in
accordance with subdivisions 1 and 2, the commissioner is authorized to obtain from the
district court of the county in which the premises are located a warrant directing deleted text begin suchdeleted text end new text begin thenew text end
ownernew text begin , operator,new text end or agent new text begin in charge new text end to submit the premises described in deleted text begin suchdeleted text end new text begin thenew text end warrant
to inspection.
Sec. 8.
Minnesota Statutes 2004, section 25.41, subdivision 7, is amended to read:
Subd. 7.
Notice of analysis.
The results of all analyses of official samples shall be
forwarded by the commissioner to the person named on the label and to the purchaser.
When the inspection and analysis of an official sample indicated a commercial feed has
been adulterated or misbranded and upon request within 30 days following receipt of the
analysis the commissioner shall furnish to the deleted text begin registrantdeleted text end new text begin license holdernew text end a portion of the
sample concerned.
Sec. 9.
Minnesota Statutes 2004, section 25.41, is amended by adding a subdivision to
read:
new text begin Subd. 7a. new text end
new text begin Manufacturer's report of investigation. new text end
new text begin
If the inspection and analysis
of an official sample indicates that a commercial feed has been adulterated or misbranded,
the person whose name appears on the label of the indicated commercial feed as guarantor
shall provide a manufacturer's report of investigation to the commissioner within 30 days
following the receipt of the official analysis.
new text end
Sec. 10.
Minnesota Statutes 2004, section 25.42, subdivision 1, is amended to read:
Subdivision 1.
Withdrawal from distribution order.
When the commissioner or
the commissioner's authorized agent has reasonable cause to believe any lot of commercial
feed is being distributed in violation of any of the provisions of sections 25.31 to 25.43
or of any of the prescribed rules under sections 25.31 to 25.43, the commissioner or
agent may issue and enforce a written or printed "withdrawal from distribution" order,
warning the distributor not to dispose of the lot of commercial feed in any manner until
written permission is given by the commissioner or the court. The commissioner shall
release the lot of commercial feed so withdrawn when said provisions and rules have
been complied with. If compliance is not obtained within 30 days, the commissioner
may begin, or upon request of the distributor or deleted text begin registrantdeleted text end new text begin license holder new text end shall begin,
proceedings for condemnation.