SF 3575

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; providing a two-year moratorium on genetically
engineered wild rice in the event of an application for a test plot; requiring
assessment and reports during the moratorium; proposing coding for new law in
Minnesota Statutes, chapter 18F.

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

Section 1.

new text begin [18F.08] TEMPORARY MORATORIUM ON GENETICALLY
ENGINEERED WILD RICE.
new text end

new text begin Subdivision 1. new text end

new text begin Moratorium. new text end

new text begin (a) If the agency receives an application for a test
plot of genetically engineered wild rice in Minnesota or if a person furnishes the agency
with evidence that an application for a test plot of genetically engineered wild rice had
been filed anywhere within the borders of the United States, the commissioner shall
immediately enact a two-year moratorium. The moratorium must prohibit the release,
planting, cultivation, harvest, importation, or sale of any genetically engineered wild
rice in the state.
new text end

new text begin (b) During the moratorium, the commissioner of natural resources, in consultation
with the agency and the seven sovereign Ojibwe tribes of Minnesota, must assess the
agronomic, economic, cultural, and environmental impact of releasing genetically
engineered wild rice in the state. Before the moratorium expires, the commissioner of
natural resources shall produce a report based on the assessment and publish and make the
report available for public review and comment. After adequate public notice, as defined
in subdivision 2, and completion of all other reasonable efforts to elicit feedback through
public hearings and public comment, the agency shall respond to and incorporate all
comments made into the report. The legislature must use the final report to evaluate state
wild rice laws and amend them accordingly.
new text end

new text begin Subd. 2. new text end

new text begin Adequate public notice. new text end

new text begin (a) Adequate public notice means the
commissioner of natural resources or the agency must do all of the following:
new text end

new text begin (1) mail a notice of the test plot application to:
new text end

new text begin (i) the person applying for the test plot;
new text end

new text begin (ii) the tribal governments of the seven Ojibwe tribes in Minnesota and the
Minnesota Chippewa Tribe; and
new text end

new text begin (iii) persons on a mailing list developed by the commissioner of natural resources;
new text end

new text begin (2) publish a notice in the major daily newspapers of general circulation within
the state; and
new text end

new text begin (3) issue press releases and any other form or medium necessary to give notice of the
proposed test plot to all persons potentially affected by it.
new text end

new text begin (b) The mailing list mandated in paragraph (a), clause (1), item (iii), must include
any person who makes a request in writing or electronic means to the commissioner of
natural resources to be on the list. The commissioner of natural resources must notify the
public of the opportunity to be put on the mailing list through periodic publication of
notice in the public press and other publications, such as regional, tribal, and state-funded
newsletters, bulletins, and state law journals.
new text end