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SF 4225

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/04/2024 12:54pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to agriculture; amending agriculture policy provisions; modifying
provisions relating to pesticide control; amending provisions for agricultural
contracts; amending fertilizer definitions; modifying provisions related to food
product sampling and demonstration; extending the expiration of the Food Safety
and Defense Task Force provisions; amending the definition of a sustainable
aviation fuel; modifying provisions related to the Minnesota Rural Finance
Authority; amending grain indemnity provisions; modifying provisions related to
elk; requiring notice of an estray; requiring the commissioner to establish an
anonymous means for a person to report potential land ownership violations;
amending provisions for importing Cervidae from another state; requiring the
commissioner to establish a cooperative financial reporting workgroup and to
report back with recommendations to the legislature; reviving and reenacting
section 32D.25, subdivision 2; modifying provisions related to pest control;
amending Minnesota Statutes 2022, sections 3.7371, subdivisions 2, 3, by adding
subdivisions; 18B.01, by adding a subdivision; 18B.26, subdivision 6; 18B.305,
subdivision 2; 18B.32, subdivisions 1, 3, 4, 5; 18B.33, subdivisions 1, 5, 6; 18B.34,
subdivisions 1, 4; 18B.35, subdivision 1; 18B.36, subdivisions 1, 2; 18B.37,
subdivisions 2, 3; 18C.005, subdivision 33, by adding a subdivision; 18C.115,
subdivision 2; 18C.215, subdivision 1; 18C.221; 28A.151, subdivisions 1, 2, 3, 5,
by adding a subdivision; 28A.21, subdivision 6; 223.17, subdivision 6; 232.21,
subdivisions 3, 7, 11, 12, 13; Minnesota Statutes 2023 Supplement, sections 17.710;
35.155, subdivision 12; 41A.30, subdivision 1; 41B.0391, subdivision 4; Laws
2023, chapter 43, article 2, section 142, subdivision 9; proposing coding for new
law in Minnesota Statutes, chapter 346; repealing Minnesota Statutes 2022, section
3.7371, subdivision 7; Minnesota Rules, parts 1506.0010; 1506.0015; 1506.0020;
1506.0025; 1506.0030; 1506.0035; 1506.0040.

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

ARTICLE 1

AGRICULTURAL POLICY

Section 1.

Minnesota Statutes 2022, section 3.7371, is amended by adding a subdivision
to read:


new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) "Approved agent" means a person authorized by the Department
of Agriculture to determine if crop or fence damage was caused by elk and to assign a
monetary value to the crop or fence damage.
new text end

new text begin (b) "Commissioner" means the commissioner of agriculture or the commissioner's
authorized representative.
new text end

new text begin (c) "Estimated value" means the current value of crops or fencing as determined by an
approved agent.
new text end

new text begin (d) "Owner" means an individual, firm, corporation, copartnership, or association with
an interest in crops or fencing damaged by elk.
new text end

Sec. 2.

Minnesota Statutes 2022, section 3.7371, subdivision 2, is amended to read:


Subd. 2.

Claim formnew text begin and reportingnew text end .

new text begin (a) new text end The owner must prepare a claim on forms
provided by the commissioner and available on the Department of Agriculture's website or
by request from the commissioner. deleted text begin The claim form must be filed with the commissioner.
deleted text end

new text begin (b) After discovering crop or fence damage suspected to be caused by elk, an owner
must promptly notify an approved agent of the damage. To submit a claim for crop or fence
damage caused by elk, an owner must complete the required portions of the claim form
provided by the commissioner. An owner who has submitted a claim must provide an
approved agent with all information required to investigate the crop or fence damage.
new text end

Sec. 3.

Minnesota Statutes 2022, section 3.7371, is amended by adding a subdivision to
read:


new text begin Subd. 2a. new text end

new text begin Investigation and crop valuation. new text end

new text begin (a) Upon receiving notification of crop or
fence damage suspected to be caused by elk, an approved agent must promptly investigate
the damage in a timely manner. An approved agent must make written findings on the claim
form regarding whether the crop was destroyed or damaged by elk. The approved agent's
findings must be based on physical and circumstantial evidence, including:
new text end

new text begin (1) the condition of the crop or fence;
new text end

new text begin (2) the presence of elk tracks;
new text end

new text begin (3) the geographic area of the state where the crop or fence damage occurred;
new text end

new text begin (4) any sightings of elk in the area; and
new text end

new text begin (5) any other circumstances that the approved agent considers to be relevant.
new text end

new text begin (b) The absence of affirmative evidence may be grounds for the denial of a claim.
new text end

new text begin (c) On a claim form, an approved agent must make written findings of the extent of crop
or fence damage and, if applicable, the amount of crop destroyed.
new text end

new text begin (d) For damage to standing crops, an owner may choose to have the approved agent use
the method in clause (1) or (2) to complete the claim form and determine the amount of
crop loss:
new text end

new text begin (1) to submit a claim form to the commissioner at the time that the suspected elk damage
is discovered, the approved agent must record on the claim form: (i) the field's potential
yield per acre; (ii) the field's average yield per acre that is expected on the damaged acres;
(iii) the estimated value of the crop; and (iv) the total amount of loss. Upon completing the
claim form, the approved agent must submit the form to the commissioner; or
new text end

new text begin (2) to submit a claim form to the commissioner at the time that the crop is harvested,
the approved agent must record on the claim form at the time of the investigation: (i) the
percent of crop loss from damage; (ii) the actual yield of the damaged field when the crop
is harvested; (iii) the estimated value of the crop; and (iv) the total amount of loss. Upon
completing the claim form, the approved agent must submit the form to the commissioner.
new text end

new text begin (e) For damage to stored crops, an approved agent must record on the claim form: (1)
the type and volume of destroyed stored crops; (2) the estimated value of the crop; and (3)
the total amount of the loss.
new text end

new text begin (f) For damage to fencing, an approved agent must record on the claim form: (1) the
type of materials damaged; (2) the linear feet of the damage; (3) the value of the materials
per unit according to National Resource Conservation Service specifications; and (4) the
calculated total damage to the fence.
new text end

Sec. 4.

Minnesota Statutes 2022, section 3.7371, is amended by adding a subdivision to
read:


new text begin Subd. 2b. new text end

new text begin Claim form. new text end

new text begin A completed claim form must be signed by the owner and an
approved agent. An approved agent must submit the claim form to the commissioner for
the commissioner's review and payment. The commissioner must return an incomplete claim
form to the approved agent. When returning an incomplete claim form to an approved agent,
the commissioner must indicate which information is missing from the claim form.
new text end

Sec. 5.

Minnesota Statutes 2022, section 3.7371, subdivision 3, is amended to read:


Subd. 3.

Compensation.

(a) deleted text begin The cropdeleted text end new text begin Annew text end owner is entitled to the deleted text begin target price or the
market price, whichever is greater,
deleted text end new text begin estimated valuenew text end of the damaged or destroyed crop deleted text begin plus
adjustments for yield loss determined according to agricultural stabilization and conservation
service programs for individual farms, adjusted annually, as determined by the commissioner,
upon recommendation of the commissioner's approved agent for the owner's county
deleted text end new text begin or
fence
new text end . Verification of new text begin crop or new text end fence damage deleted text begin or destructiondeleted text end by elk may be provided by
submitting photographs or other evidence and documentation deleted text begin together with a statement
from an independent witness
deleted text end using forms prescribed by the commissioner. The commissioner,
upon recommendation of the commissioner's approved agent, shall determine whether the
crop damage or destruction or damage to or destruction of a fence surrounding a crop or
pasture is caused by elk and, if so, the amount of the crop or fence that is damaged or
destroyed. In any fiscal year, an owner may not be compensated for a damaged or destroyed
crop or fence surrounding a crop or pasture that is less than $100 in value and may be
compensated up to $20,000, as determined under this sectiondeleted text begin , if normal harvest procedures
for the area are followed
deleted text end .new text begin An owner may not be compensated more than $1,800 per fiscal
year for damage to fencing surrounding a crop or pasture.
new text end

(b) In any fiscal year, the commissioner may provide compensation for claims filed
under this section up to the amount expressly appropriated for this purpose.

Sec. 6.

Minnesota Statutes 2023 Supplement, section 17.710, is amended to read:


17.710 AGRICULTURAL CONTRACTS.

(a) A production new text begin or marketing new text end contract entered into, renewed, or amended on or after
July 1, deleted text begin 1999deleted text end new text begin 2024new text end , between an agricultural producer and a processornew text begin , marketer, or other
purchaser
new text end of agricultural productsnew text begin , including a cooperative organized under chapter 308A
or 308B
new text end must not contain provisions that prohibit the producer from disclosing terms,
conditions, and prices contained in the contract. Any provision prohibiting disclosure by
the producer is void.

(b) A contract entered into, renewed, or amended on or after July 1, 2023, between an
agricultural producer and an entity buying, selling, certifying, or otherwise participating in
a market for stored carbon must not contain provisions that prohibit the producer from
disclosing terms, conditions, and prices contained in the contract. Any provision prohibiting
disclosure by the producer is void.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2024.
new text end

Sec. 7.

Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision to
read:


new text begin Subd. 1c. new text end

new text begin Beneficial substance. new text end

new text begin "Beneficial substance" is any substance or compound
other than a primary, secondary, and micro plant nutrient that can be demonstrated by
scientific research to be beneficial to one or more species of plants, soil, or media.
new text end

Sec. 8.

Minnesota Statutes 2022, section 18C.005, subdivision 33, is amended to read:


Subd. 33.

Soil amendment.

"Soil amendment" means a substance intended to improve
the structural, physical,new text begin chemical, biochemical,new text end or biological characteristics of the soil or
modify organic matter at or near the soil surface, except fertilizers, agricultural liming
materials, pesticides, and other materials exempted by the commissioner's rules.

Sec. 9.

Minnesota Statutes 2022, section 18C.115, subdivision 2, is amended to read:


Subd. 2.

Adoption of national standards.

Applicable national standards contained in
the deleted text begin 1996 official publication, number 49,deleted text end new text begin most recently published versionnew text end of the Association
of American Plant Food Control Officials including the rules and regulations, statements
of uniform interpretation and policy, and the official fertilizer terms and definitions, and
not otherwise adopted by the commissioner, may be adopted as fertilizer rules of this state.

Sec. 10.

Minnesota Statutes 2022, section 18C.215, subdivision 1, is amended to read:


Subdivision 1.

Packaged fertilizers.

(a) A person may not sell or distribute specialty
fertilizer in bags or other containers in this state unless a label is placed on or affixed to the
bag or container stating in a clear, legible, and conspicuous form the following information:

(1) the net weightnew text begin and volume, if applicablenew text end ;

(2) the brand and grade, except the grade is not required if primary nutrients are not
claimed;

(3) the guaranteed analysis;

(4) the name and address of the guarantor;

(5) directions for use, except directions for use are not required for custom blend specialty
fertilizers; and

(6) a derivatives statement.

(b) A person may not sell or distribute fertilizer for agricultural purposes in bags or other
containers in this state unless a label is placed on or affixed to the bag or container stating
in a clear, legible, and conspicuous form the information listed in paragraph (a), clauses (1)
to (4), except:

(1) the grade is not required if primary nutrients are not claimed; and

(2) the grade on the label is optional if the fertilizer is used only for agricultural purposes
and the guaranteed analysis statement is shown in the complete form as in section 18C.211.

(c) The labeled information must appear:

(1) on the front or back side of the container;

(2) on the upper one-third of the side of the container;

(3) on the upper end of the container; or

(4) printed on a tag affixed to the upper end of the container.

(d) If a person sells a custom blend specialty fertilizer in bags or other containers, the
information required in paragraph (a) must either be affixed to the bag or container as
required in paragraph (c) or be furnished to the customer on an invoice or delivery ticket
in written or printed form.

Sec. 11.

Minnesota Statutes 2022, section 18C.221, is amended to read:


18C.221 FERTILIZER PLANT FOOD CONTENT.

(a) Products that are deficient in plant food content are subject to this subdivision.

(b) An analysis must show that a fertilizer is deficient:

(1) in one or more of its guaranteed primary plant nutrients beyond the investigational
allowances and compensations as established by regulation; or

(2) if the overall index value of the fertilizer is shown below the level established by
rule.

(c) A deficiency in an official sample of mixed fertilizer resulting from nonuniformity
is not distinguishable from a deficiency due to actual plant nutrient shortage and is properly
subject to official action.

(d) For the purpose of determining the commercial index value to be applied, the
commissioner shall determine at least annually the values per unit of nitrogen, available
deleted text begin phosphoric aciddeleted text end new text begin phosphatenew text end , and soluble potash in fertilizers in this state.

(e) If a fertilizer in the possession of the consumer is found by the commissioner to be
short in weight, the registrant or licensee of the fertilizer must submit a penalty payment of
two times the value of the actual shortage to the consumer within 30 days after official
notice from the commissioner.

Sec. 12.

Minnesota Statutes 2022, section 28A.151, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given them.

(b) "Farmers' market" means an association of three or more persons who assemble at
a defined location that is open to the public for the purpose of selling deleted text begin directly to the consumer
the
deleted text end products of a farm or garden occupied and cultivated by the person selling the product.

(c) "Food product sampling" means distributing to individuals at a farmers' market or
community event, for promotional or educational purposes, small portions of a food item
that include as a main ingredient a product sold by the vendor deleted text begin at the farmers' market or
community event
deleted text end . For purposes of this subdivision, "small portion" means a portion that is
no more than three ounces of food or beverage.

(d) "Food product demonstration" means cooking or preparing food products to distribute
to individuals at a farmers' market or community event for promotional or educational
purposes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2022, section 28A.151, subdivision 2, is amended to read:


Subd. 2.

Food sampling and demonstration.

new text begin (a) Food used in sampling and
demonstration must be obtained from sources that comply with Minnesota Food Law.
new text end

new text begin (b) Raw animal, raw poultry, and raw fish products must not be served as samples.
new text end

new text begin (c) Food product sampling or food product demonstrations including cooked animal,
poultry, or fish products must be prepared on site at the event.
new text end

new text begin (d) Animal or poultry products used for food product sampling or food product
demonstrations must be from animals slaughtered under continuous inspection, either by
the USDA or through Minnesota's "Equal-to" inspection program.
new text end

new text begin (e) new text end The licensing provisions of sections 28A.01 to 28A.16 shall not apply to persons
engaged in food product sampling or food product demonstrations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14.

Minnesota Statutes 2022, section 28A.151, subdivision 3, is amended to read:


Subd. 3.

Food required to be provided at no cost.

Food provided through food product
sampling or food product demonstrations must be provided at no cost to the individualnew text begin
recipient of a sample
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2022, section 28A.151, subdivision 5, is amended to read:


Subd. 5.

Food safety and equipment standards.

new text begin (a) new text end Any person conducting food
product sampling or food product demonstrations shall meet the same food safety and
equipment standards that are required of a special event food stand in Minnesota Rules,
parts 4626.1855, items B to O, Q, and R; and 4626.0330.

new text begin (b) Notwithstanding paragraph (a), a handwashing device is not required when only
prepackaged food samples are offered.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16.

Minnesota Statutes 2022, section 28A.151, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Signage. new text end

new text begin A food product provided through food product sampling or food
product demonstrations must be accompanied by a legible sign or placard that lists the
product's ingredients and major food allergens.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 17.

Minnesota Statutes 2022, section 28A.21, subdivision 6, is amended to read:


Subd. 6.

Expiration.

This section expires June 30, deleted text begin 2027deleted text end new text begin 2037new text end .

Sec. 18.

Minnesota Statutes 2023 Supplement, section 35.155, subdivision 12, is amended
to read:


Subd. 12.

Importation.

(a) A person must not import live Cervidae into the state from
a state or province where chronic wasting disease has been detected in the farmed or wild
cervid population in the last five years unless the animal has tested not detected for chronic
wasting disease with a validated live-animal test.

(b) Live Cervidae or Cervidae semen must originate from a herd that has been subject
to a state-, federal-, or provincial-approved chronic wasting disease herd certification program
and that has reached a status equivalent to the highest certification.

(c) Cervidae imported in violation of this section may be seized and destroyed by the
commissioner of natural resources.

(d) This subdivision does not apply to the interstate transfer of animals between two
facilities accredited by the Association of Zoos and Aquariumsnew text begin or between a facility
accredited by the Association of Zoos and Aquariums and a facility that (1) is a United
States Department of Agriculture-licensed exhibitor of regulated animals, (2) houses animals
owned by institutions accredited by the American Zoo and Aquarium Association, and (3)
participates in the American Zoo and Aquarium Association Species Survival Plan
new text end .

(e) Notwithstanding this subdivision, the commissioner of natural resources may issue
a permit allowing the importation of orphaned wild cervid species that are not susceptible
to chronic wasting disease from another state to an Association of Zoos and Aquariums
accredited institution in Minnesota following a joint risk-based assessment conducted by
the commissioner and the institution.

Sec. 19.

Minnesota Statutes 2023 Supplement, section 41A.30, subdivision 1, is amended
to read:


Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meanings given.

(b) "Aircraft" has the meaning given in section 296A.01, subdivision 3.

(c) "Aviation gasoline" has the meaning given in section 296A.01, subdivision 7.

(d) "Commissioner" means the commissioner of agriculture.

(e) "Jet fuel" has the meaning given in section 296A.01, subdivision 8.

(f) "Qualifying taxpayer" means a taxpayer, as defined in section 290.01, subdivision
6, that is engaged in the business of:

(1) producing sustainable aviation fuel; or

(2) blending sustainable aviation fuel with aviation gasoline or jet fuel.

(g) "Sustainable aviation fuel" means liquid fuel that:

(1) is derived from biomass, as defined in section 41A.15, subdivision 2e;new text begin is derived
from gaseous carbon oxides derived from biomass or direct air capture; or is derived from
green electrolytic hydrogen;
new text end

(2) is not derived from palm fatty acid distillates; and

(3) achieves at least a 50 percent life cycle greenhouse gas emissions reduction in
comparison with petroleum-based aviation gasoline, aviation turbine fuel, and jet fuel as
determined by a test that shows:

(i) that the fuel production pathway achieves at least a 50 percent life cycle greenhouse
gas emissions reduction in comparison with petroleum-based aviation gasoline, aviation
turbine fuel, and jet fuel utilizing the most recent version of Argonne National Laboratory's
Greenhouse Gases, Regulated Emissions, and Energy Use in Technologies (GREET) model
that accounts for reduced emissions throughout the fuel production process; or

(ii) that the fuel production pathway achieves at least a 50 percent reduction of the
aggregate attributional core life cycle emissions and the positive induced land use change
values under the life cycle methodology for sustainable aviation fuels adopted by the
International Civil Aviation Organization with the agreement of the United States.

Sec. 20.

Minnesota Statutes 2023 Supplement, section 41B.0391, subdivision 4, is amended
to read:


Subd. 4.

Authority duties.

(a) The authority shall:

(1) approve and certify or recertify beginning farmers as eligible for the program under
this section;

(2) approve and certify or recertify owners of agricultural assets as eligible for the tax
credit under subdivision 2 subject to the allocation limits in paragraph (c);

(3) provide necessary and reasonable assistance and support to beginning farmers for
qualification and participation in financial management programs approved by the authority;

(4) refer beginning farmers to agencies and organizations that may provide additional
pertinent information and assistance; and

(5) notwithstanding section 41B.211, the Rural Finance Authority must share information
with the commissioner of revenue to the extent necessary to administer provisions under
this subdivision and section 290.06, subdivisions 37 and 38. The Rural Finance Authority
must annually notify the commissioner of revenue of approval and certification or
recertification of beginning farmers and owners of agricultural assets under this section.
For credits under subdivision 2, the notification must include the amount of credit approved
by the authority and stated on the credit certificate.

(b) The certification of a beginning farmer or an owner of agricultural assets under this
section is valid for the year of the certification and the two following years, after which
time the beginning farmer or owner of agricultural assets must apply to the authority for
recertification.

(c) For credits for owners of agricultural assets allowed under subdivision 2, the authority
must not allocate more than deleted text begin $6,500,000 for taxable years beginning after December 31,
2022, and before January 1, 2024, and
deleted text end $4,000,000 deleted text begin fordeleted text end new text begin each new text end taxable deleted text begin years beginning after
December 31, 2023
deleted text end new text begin yearnew text end . The authority must allocate credits on a first-come, first-served
basis beginning on January 1 of each year, except that recertifications for the second and
third years of credits under subdivision 2, paragraph (a), clauses (1) and (2), have first
priority. Any amount authorized but not allocated for taxable years ending before January
1, 2023, is canceled and is not allocated for future taxable years. For taxable years beginning
after December 31, 2022, Any amount authorized but not allocated in any taxable year does
not cancel and is added to the allocation for the next taxable year. For each taxable year,
50 percent of newly allocated credits must be allocated to emerging farmers. Any portion
of a taxable year's newly allocated credits that is reserved for emerging farmers that is not
allocated by deleted text begin September 30deleted text end new text begin May 31new text end of the taxable year is available for allocation to other
credit allocations beginning on deleted text begin Octoberdeleted text end new text begin Junenew text end 1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after December
31, 2023.
new text end

Sec. 21.

Minnesota Statutes 2022, section 223.17, subdivision 6, is amended to read:


Subd. 6.

Financial statements.

(a) Except as allowed in paragraph (c), a grain buyer
licensed under this chapter must annually submit to the commissioner a financial statement
prepared new text begin by a third-party independent accountant or certified public accountant new text end in accordance
with deleted text begin generally accepted accounting principlesdeleted text end new text begin national or international accounting standardsnew text end .
The annual financial statement required under this subdivision must also:

(1) includedeleted text begin ,deleted text end but not be limited to the following:

(i) a balance sheet;

(ii) a statement of income (profit and loss);

(iii) a statement of retained earnings;

(iv) a statement of deleted text begin changes in financial positiondeleted text end new text begin cash flownew text end ; and

(v) a statement of the dollar amount of grain purchased in the previous fiscal year of the
grain buyer;

(2) be accompanied by a deleted text begin compilationdeleted text end report of the financial statement that is prepared
by a grain commission firm or a management firm approved by the commissioner or by an
independent public accountant, in accordance with standards established by the American
Institute of Certified Public Accountantsnew text begin or similar international standardsnew text end ;

deleted text begin (3) be accompanied by a certification by the chief executive officer or the chief executive
officer's designee of the licensee, and where applicable, all members of the governing board
of directors under penalty of perjury, that the financial statement accurately reflects the
financial condition of the licensee for the period specified in the statement;
deleted text end

deleted text begin (4) for grain buyers purchasing under $7,500,000 of grain annually, be reviewed by a
certified public accountant in accordance with standards established by the American Institute
of Certified Public Accountants, and must show that the financial statements are free from
material misstatements; and
deleted text end

deleted text begin (5)deleted text end new text begin (3)new text end for grain buyers purchasing $7,500,000 or more of grain annually, be audited new text begin or
reviewed
new text end by a certified public accountant in accordance with standards established by the
American Institute of Certified Public Accountants deleted text begin anddeleted text end new text begin or similar international standards.
An audit
new text end must include an opinion statement from the certified public accountantdeleted text begin .deleted text end new text begin performing
the audit; and
new text end

new text begin (4) for grain buyers purchasing $20,000,000 or more of grain annually, be audited by a
certified public accountant in accordance with standards established by the American Institute
of Certified Public Accountants or similar international standards. The audit must include
an opinion statement from the certified public accountant performing the audit.
new text end

(b) Only one financial statement must be filed for a chain of warehouses owned or
operated as a single business entity, unless otherwise required by the commissioner. All
financial statements filed with the commissioner are private or nonpublic data as provided
in section 13.02.

(c) A grain buyer who purchases grain immediately upon delivery solely with cashdeleted text begin ; a
certified check; a cashier's check; or a postal, bank, or express money order
deleted text end new text begin , as defined in
section 223.16, subdivision 2a, paragraph (b),
new text end is exempt from this subdivision deleted text begin if the graindeleted text end new text begin .new text end
deleted text begin buyer's gross annual purchases are $1,000,000 or less.
deleted text end

new text begin (d) To ensure compliance with this chapter, the commissioner must annually review
financial statements submitted under paragraph (a).
new text end

deleted text begin (d)deleted text end new text begin (e)new text end The commissioner shall annually provide information on a person's fiduciary
duties to each licensee. deleted text begin To the extent practicable, the commissioner must direct each licensee
deleted text end deleted text begin to provide this information to all persons required to certify the licensee's financial statement
under paragraph (a), clause (3).
deleted text end

new text begin (f) The commissioner may require an entity to provide additional financial statements
or financial reporting, including audited financial statements.
new text end

Sec. 22.

Minnesota Statutes 2022, section 232.21, subdivision 3, is amended to read:


Subd. 3.

Commissioner.

"Commissioner" means the commissioner of agriculturenew text begin or the
commissioner's designee
new text end .

Sec. 23.

Minnesota Statutes 2022, section 232.21, subdivision 7, is amended to read:


Subd. 7.

Grain.

"Grain" means any deleted text begin cereal grain, coarse grain, or oilseed in unprocessed
form for which a standard has been established by the United States Secretary of Agriculture,
dry edible beans, or agricultural crops designated by the commissioner by rule
deleted text end new text begin product
commonly referred to as grain, including wheat, corn, oats, barley, rye, rice, soybeans,
emmer, sorghum, triticale, millet, pulses, dry edible beans, sunflower seed, rapeseed, canola,
safflower, flaxseed, mustard seed, crambe, sesame seed, and other products ordinarily stored
in grain warehouses
new text end .

Sec. 24.

Minnesota Statutes 2022, section 232.21, subdivision 11, is amended to read:


Subd. 11.

Producer.

"Producer" means a person who deleted text begin owns or manages a grain producing
or growing operation and holds or shares the responsibility for marketing that grain produced
deleted text end new text begin
grows grain on land owned or leased by the person
new text end .

Sec. 25.

Minnesota Statutes 2022, section 232.21, subdivision 12, is amended to read:


Subd. 12.

Public grain warehouse operator.

"Public grain warehouse operator" meansnew text begin :
(1)
new text end a person deleted text begin licensed to operatedeleted text end new text begin who operatesnew text end a grain warehouse in which grain belonging
to persons other than the grain warehouse operator is accepted for storage or purchasedeleted text begin , ordeleted text end new text begin ;
(2) a person
new text end who offers grain storage or grain warehouse facilities to the public for hirenew text begin ;new text end or
new text begin (3) new text end a feed-processing plant that receives and stores grain, the equivalent of whichdeleted text begin ,deleted text end it processes
and returns to the grain's owner in amounts, at intervals, and with added ingredients that
are mutually agreeable to the grain's owner and the person operating the plant.

Sec. 26.

Minnesota Statutes 2022, section 232.21, subdivision 13, is amended to read:


Subd. 13.

Scale ticket.

"Scale ticket" means a memorandum showing the weightdeleted text begin , gradedeleted text end
and kind of grain which is issued by a grain new text begin elevator or new text end warehouse operator to a depositor
at the time the grain is delivered.

Sec. 27.

new text begin [346.021] FINDER TO GIVE NOTICE.
new text end

new text begin A person who finds an estray and knows who owns the estray must notify the estray's
owner within seven days after finding the estray and request that the owner pay all reasonable
charges and take the estray away. A finder who does not know who owns an estray must
either:
new text end

new text begin (1) within ten days, file a notice with the town or city clerk and post a physical or online
notice of the finding of the estray. The notice must briefly describe the estray or provide a
photograph of the estray, provide the residence or contact information of the finder, and
provide the approximate location and time when the finder found the estray; or
new text end

new text begin (2) surrender the estray to a local animal control agency within seven days.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 28.

Laws 2023, chapter 43, article 2, section 142, subdivision 9, is amended to read:


Subd. 9.

Dairy law.

Minnesota Statutes 2022, sections 17.984; 32D.03, subdivision 5;
32D.24; 32D.25new text begin , subdivision 1new text end ; 32D.26; 32D.27; and 32D.28, are repealed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 29. new text begin REVIVAL AND REENACTMENT.
new text end

new text begin Minnesota Statutes, section 32D.25, subdivision 2, is revived and reenacted effective
retroactively from July 1, 2023.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 30. new text begin LAND OWNERSHIP VIOLATION REPORTING.
new text end

new text begin The commissioner of agriculture must establish and maintain an accessible and
anonymous means for a person to report potential violations of the corporate farm law and
alien farm law in Minnesota Statutes, sections 500.221 and 500.24.
new text end

Sec. 31. new text begin REPORT REQUIRED; COOPERATIVE FINANCIAL REPORTING.
new text end

new text begin The commissioner of agriculture shall convene a cooperative financial reporting
workgroup, which must include producers who sell to a cooperative and representatives
from cooperative management. The commissioner shall develop recommendations relating
to requirements for cooperatives to report on financial condition and report back with
recommendations to the legislative committees with jurisdiction over agriculture by January
3, 2025. Participating stakeholders must be given an opportunity to include written testimony
to the legislative committees in the commissioner's report.
new text end

Sec. 32. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022, section 3.7371, subdivision 7, new text end new text begin is repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 1506.0010; 1506.0015; 1506.0020; 1506.0025; 1506.0030;
1506.0035; and 1506.0040,
new text end new text begin are repealed.
new text end

ARTICLE 2

PESTICIDE CONTROL POLICY

Section 1.

Minnesota Statutes 2022, section 18B.01, is amended by adding a subdivision
to read:


new text begin Subd. 1d. new text end

new text begin Application or use of a pesticide. new text end

new text begin "Application or use of a pesticide" includes:
new text end

new text begin (1) the dispersal of a pesticide on, in, at, or directed toward a target site;
new text end

new text begin (2) preapplication activities that involve the mixing and loading of a restricted use
pesticide; and
new text end

new text begin (3) other restricted use pesticide-related activities, including but not limited to transporting
or storing pesticide containers that have been opened; cleaning equipment; and disposing
of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other
materials that contain pesticide.
new text end

Sec. 2.

Minnesota Statutes 2022, section 18B.26, subdivision 6, is amended to read:


Subd. 6.

Discontinuancenew text begin or cancellationnew text end of registration.

new text begin (a) new text end To ensure new text begin the new text end complete
withdrawal from distribution or further use of a pesticide, a person who intends to discontinue
a pesticide registration must:

(1) terminate a further distribution within the state and continue to register the pesticide
annually for two successive years;new text begin and
new text end

(2) initiate and complete a total recall of the pesticide from all distribution in the state
within 60 days from the date of notification to the commissioner of intent to discontinue
registrationdeleted text begin ; ordeleted text end new text begin .
new text end

deleted text begin (3) submit to the commissioner evidence adequate to document that no distribution of
the registered pesticide has occurred in the state.
deleted text end

new text begin (b) Upon the request of a registrant, the commissioner may immediately cancel
registration of a pesticide product. The commissioner may immediately cancel registration
of a pesticide product at the commissioner's discretion. When requesting that the
commissioner immediately cancel registration of a pesticide product, a registrant must
provide the commissioner with:
new text end

new text begin (1) a statement that the pesticide product is no longer in distribution; and
new text end

new text begin (2) documentation of pesticide gross sales from the previous year supporting the statement
under clause (1).
new text end

Sec. 3.

Minnesota Statutes 2022, section 18B.305, subdivision 2, is amended to read:


Subd. 2.

Training manual and examination development.

The commissioner, in
consultation with University of Minnesota Extension and other higher education institutions,
shall continually revise and update pesticide applicator training manuals and examinations.
The manuals and examinations must be written to meet or exceed the minimum new text begin competency
new text end standards required by the United States Environmental Protection Agency and pertinent
state specific information. new text begin Pesticide applicator training manuals and examinations must
meet or exceed the competency standards in Code of Federal Regulations, title 40, part 171.
Competency standards for training manuals and examinations must be published on the
Department of Agriculture website.
new text end Questions in the examinations must be determined by
the commissioner in consultation with other responsible agencies. Manuals and examinations
must include pesticide management practices that discuss prevention of pesticide occurrence
in groundwater and surface water of the state, and economic thresholds and guidance for
insecticide use.

Sec. 4.

Minnesota Statutes 2022, section 18B.32, subdivision 1, is amended to read:


Subdivision 1.

Requirement.

(a) A person may not engage in structural pest control
applications:

(1) for hire without a structural pest control license; deleted text begin and
deleted text end

(2) as a sole proprietorship, company, partnership, or corporation unless the person is
or employs a licensed master in structural pest control operationsdeleted text begin .deleted text end new text begin ; and
new text end

new text begin (3) unless the person is 18 years of age or older.
new text end

(b) A structural pest control licensee must have a valid license identification card to
purchase a restricted use pesticide or apply pesticides for hire and must display it upon
demand by an authorized representative of the commissioner or a law enforcement officer.
The license identification card must contain information required by the commissioner.

Sec. 5.

Minnesota Statutes 2022, section 18B.32, subdivision 3, is amended to read:


Subd. 3.

Application.

(a) A person must apply to the commissioner for a structural pest
control license on forms and in the manner required by the commissioner. The commissioner
shall require the applicant to pass a written, closed-book, monitored examination or oral
examination, or bothdeleted text begin , and may also require a practical demonstration regarding structural
pest control
deleted text end . The commissioner shall establish the examination procedure, including the
phases and contents of the examination.

(b) The commissioner may license a person as a master under a structural pest control
license if the person has the necessary qualifications through knowledge and experience to
properly plan, determine, and supervise the selection and application of pesticides in structural
pest control. To demonstrate the qualifications and become licensed as a master under a
structural pest control license, a person must:

(1) pass a closed-book test administered by the commissioner;

(2) have direct experience as a licensed journeyman under a structural pest control license
for at least two years by this state or a state with equivalent certification requirements or as
a full-time licensed master in another state with equivalent certification requirements; and

(3) show practical knowledge and field experience under clause (2) in the actual selection
and application of pesticides under varying conditions.

(c) The commissioner may license a person as a journeyman under a structural pest
control license if the person:

(1) has the necessary qualifications in the practical selection and application of pesticides;

(2) has passed a closed-book examination given by the commissioner; and

(3) is engaged as an employee of or is working under the direction of a person licensed
as a master under a structural pest control license.

(d) The commissioner may license a person as a fumigator under a structural pest control
license if the person:

(1) has knowledge of the practical selection and application of fumigants;

(2) has passed a closed-book examination given by the commissioner; and

(3) is licensed by the commissioner as a master or journeyman under a structural pest
control license.

Sec. 6.

Minnesota Statutes 2022, section 18B.32, subdivision 4, is amended to read:


Subd. 4.

Renewal.

(a) new text begin An applicator may apply to renew new text end a structural pest control
applicator license deleted text begin may be reneweddeleted text end on or before the expiration of an existing license subject
to reexamination, attendance at deleted text begin workshopsdeleted text end new text begin a recertification workshopnew text end approved by the
commissioner, or other requirements imposed by the commissioner to provide the applicator
with information regarding changing technology and to help assure a continuing level of
competency and ability to use pesticides safely and properly. new text begin A recertification workshop
must meet or exceed the competency standards in Code of Federal Regulations, title 40,
part 171. Competency standards for a recertification workshop must be published on the
Department of Agriculture website. If the commissioner requires an applicator to attend a
recertification workshop and the applicator fails to attend the workshop, the commissioner
may require the applicator to pass a reexamination.
new text end The commissioner may require an
additional demonstration of applicator qualification if the applicator has had a license
suspended or revoked or has otherwise had a history of violations of this chapter.

(b) If deleted text begin a persondeleted text end new text begin an applicatornew text end fails to renew a structural pest control license within three
months of its expiration, the deleted text begin persondeleted text end new text begin applicatornew text end must obtain a structural pest control license
subject to the requirements, procedures, and fees required for an initial license.

Sec. 7.

Minnesota Statutes 2022, section 18B.32, subdivision 5, is amended to read:


Subd. 5.

Financial responsibility.

(a) deleted text begin A structural pest control license may not be issued
unless the applicant furnishes proof of financial responsibility.
deleted text end Thenew text begin commissioner may
suspend or revoke a structural pest control license if an applicator fails to provide proof of
financial responsibility upon the commissioner's request.
new text end Financial responsibility may be
demonstrated by:

(1) proof of net assets equal to or greater than $50,000; or

(2) a performance bond or insurance of a kind and in an amount determined by the
commissioner.

(b) The bond or insurance must cover a period of time at least equal to the term of the
deleted text begin applicant'sdeleted text end new text begin applicator'snew text end license. The commissioner must immediately suspend the license
of deleted text begin a persondeleted text end new text begin an applicatornew text end who fails to maintain the required bond or insurance. The
performance bond or insurance policy must contain a provision requiring the insurance or
bonding company to notify the commissioner by ten days before the effective date of
cancellation, termination, or any other change of the bond or insurance. If there is recovery
against the bond or insurance, additional coverage must be securednew text begin by the applicatornew text end to
maintain financial responsibility equal to the original amount required.

(c) An employee of a licensed person is not required to maintain an insurance policy or
bond during the time the employer is maintaining the required insurance or bond.

(d) Applications for reinstatement of a license suspended under the provisions of this
section must be accompanied by proof of satisfaction of judgments previously rendered.

Sec. 8.

Minnesota Statutes 2022, section 18B.33, subdivision 1, is amended to read:


Subdivision 1.

Requirement.

(a) A person may not apply a pesticide for hire without a
commercial applicator license for the appropriate use categories or a structural pest control
license.

(b) A commercial applicator licensee must have a valid license identification card to
purchase a restricted use pesticide or apply pesticides for hire and must display it upon
demand by an authorized representative of the commissioner or a law enforcement officer.
The commissioner shall prescribe the information required on the license identification
card.

(c) A person licensed under this section is considered qualified and is not required to
verify, document, or otherwise prove a particular need prior to use, except as required by
the federal label.

(d) A person who uses a general-use sanitizer or disinfectant for hire in response to
COVID-19 is exempt from the commercial applicator license requirements under this section.

new text begin (e) A person licensed under this section must be 18 years of age or older.
new text end

Sec. 9.

Minnesota Statutes 2022, section 18B.33, subdivision 5, is amended to read:


Subd. 5.

Renewal application.

(a) deleted text begin A persondeleted text end new text begin An applicatornew text end must apply to the
commissioner to renew a commercial applicator license. The commissioner may renew a
commercial applicator license accompanied by the application fee, subject to reexamination,
attendance at deleted text begin workshopsdeleted text end new text begin a recertification workshopnew text end approved by the commissioner, or other
requirements imposed by the commissioner to provide the applicator with information
regarding changing technology and to help assure a continuing level of competence and
ability to use pesticides safely and properly. deleted text begin The applicantdeleted text end new text begin A recertification workshop must
meet or exceed the competency standards in Code of Federal Regulations, title 40, part 171.
Competency standards for a recertification workshop must be published on the Department
of Agriculture website. Upon the receipt of an applicator's renewal application, the
commissioner may require the applicator to attend a recertification workshop. Depending
on the application category, the commissioner may require an applicator to complete a
recertification workshop once per year, once every two years, or once every three years. If
the commissioner requires an applicator to attend a recertification workshop and the
applicator fails to attend the workshop, the commissioner may require the applicator to pass
a reexamination. An applicator
new text end may renew a commercial applicator license within 12 months
after expiration of the license without having to meet initial testing requirements. The
commissioner may require new text begin an new text end additional demonstration of applicator qualification if deleted text begin a persondeleted text end new text begin
the applicator
new text end has had a license suspended or revoked or has had a history of violations of
this chapter.

(b) An deleted text begin applicantdeleted text end new text begin applicator new text end that meets renewal requirements by reexamination instead
of attending deleted text begin workshopsdeleted text end new text begin a recertification workshopnew text end must pay the equivalent workshop fee
for the reexamination as determined by the commissioner.

Sec. 10.

Minnesota Statutes 2022, section 18B.33, subdivision 6, is amended to read:


Subd. 6.

Financial responsibility.

(a) deleted text begin A commercial applicator license may not be issued
unless the applicant furnishes proof of financial responsibility.
deleted text end The new text begin commissioner may
suspend or revoke an applicator's commercial applicator license if the applicator fails to
provide proof of financial responsibility upon the commissioner's request.
new text end Financial
responsibility may be demonstrated by: (1) proof of net assets equal to or greater than
$50,000; or (2) by a performance bond or insurance of the kind and in an amount determined
by the commissioner.

(b) The bond or insurance must cover a period of time at least equal to the term of the
deleted text begin applicant'sdeleted text end new text begin applicator'snew text end license. The commissioner must immediately suspend the license
of deleted text begin a persondeleted text end new text begin an applicatornew text end who fails to maintain the required bond or insurance. The
performance bond or insurance policy must contain a provision requiring the insurance or
bonding company to notify the commissioner by ten days before the effective date of
cancellation, termination, or any other change of the bond or insurance. If there is recovery
against the bond or insurance, additional coverage must be securednew text begin by the applicatornew text end to
maintain financial responsibility equal to the original amount required.

(c) An employee of a licensed deleted text begin persondeleted text end new text begin applicatornew text end is not required to maintain an insurance
policy or bond during the time the employer is maintaining the required insurance or bond.

(d) Applications for reinstatement of a license suspended under the provisions of this
section must be accompanied by proof of satisfaction of judgments previously rendered.

Sec. 11.

Minnesota Statutes 2022, section 18B.34, subdivision 1, is amended to read:


Subdivision 1.

Requirement.

(a) Except for a licensed commercial applicator, certified
private applicator, or licensed structural pest control applicator, a person, including a
government employee, may not purchase or use a restricted use pesticide in performance
of official duties without having a noncommercial applicator license for an appropriate use
category.

(b) A licensee must have a valid license identification card when applying pesticides
and must display it upon demand by an authorized representative of the commissioner or a
law enforcement officer. The license identification card must contain information required
by the commissioner.

(c) A person licensed under this section is considered qualified and is not required to
verify, document, or otherwise prove a particular need prior to use, except as required by
the federal label.

new text begin (d) A person licensed under this section must be 18 years of age or older.
new text end

Sec. 12.

Minnesota Statutes 2022, section 18B.34, subdivision 4, is amended to read:


Subd. 4.

Renewal.

(a) deleted text begin A persondeleted text end new text begin An applicatornew text end must apply to the commissioner to renew
a noncommercial applicator license. The commissioner may renew a license subject to
reexamination, attendance at deleted text begin workshopsdeleted text end new text begin a recertification workshopnew text end approved by the
commissioner, or other requirements imposed by the commissioner to provide the applicator
with information regarding changing technology and to help assure a continuing level of
competence and ability to use pesticides safely and properly. new text begin A recertification workshop
must meet or exceed the competency standards in Code of Federal Regulations, title 40,
part 171. Competency standards for a recertification website must be published on the
Department of Agriculture website. Upon the receipt of an applicator's renewal application,
the commissioner may require the applicator to attend a recertification workshop. Depending
on the application category, the commissioner may require an applicator to complete a
recertification workshop once per year, once every two years, or once every three years. If
the commissioner requires an applicator to attend a recertification workshop and the
applicator fails to attend the workshop, the commissioner may require the applicator to pass
a reexamination.
new text end The commissioner may require an additional demonstration of applicator
qualification if the applicator has had a license suspended or revoked or has otherwise had
a history of violations of this chapter.

(b) An deleted text begin applicantdeleted text end new text begin applicatornew text end that meets renewal requirements by reexamination instead
of attending deleted text begin workshopsdeleted text end new text begin a recertification workshopnew text end must pay the equivalent workshop fee
for the reexamination as determined by the commissioner.

(c) An deleted text begin applicantdeleted text end new text begin applicatornew text end has 12 months to renew the license after expiration without
having to meet initial testing requirements.

Sec. 13.

Minnesota Statutes 2022, section 18B.35, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

(a) The commissioner may establish categories of
structural pest control, commercial applicator, deleted text begin anddeleted text end noncommercial applicator licenses deleted text begin for
administering and enforcing this chapter.
deleted text end new text begin , and private applicator certification consistent
with federal requirements in Code of Federal Regulations, title 40, sections 171.101 and
171.105, including but not limited to the federal categories that are applicable to the state.
Application categories must meet or exceed the competency standards in Code of Federal
Regulations, title 40, part 171. Competency standards for application categories must be
published on the Department of Agriculture website.
new text end The categories may include pest control
operators and ornamental, agricultural, aquatic, forest, and right-of-way pesticide applicators.
Separate subclassifications of categories may be specified as to ground, aerial, or manual
methods to apply pesticides or to the use of pesticides to control insects, plant diseases,
rodents, or weeds.

(b) Each category is subject to separate testing procedures and requirements.

Sec. 14.

Minnesota Statutes 2022, section 18B.36, subdivision 1, is amended to read:


Subdivision 1.

Requirement.

(a) Except for a licensed commercial or noncommercial
applicator, only a certified private applicator may use a restricted use pesticide to produce
an agricultural commodity:

(1) as a traditional exchange of services without financial compensation;

(2) on a site owned, rented, or managed by the person or the person's employees; or

(3) when the private applicator is one of two or fewer employees and the owner or
operator is a certified private applicator or is licensed as a noncommercial applicator.

(b) A person may not purchase a restricted use pesticide without presenting a license
card, certified private applicator card, or the card number.

(c) A person certified under this section is considered qualified and is not required to
verify, document, or otherwise prove a particular need prior to use, except as required by
the federal label.

new text begin (d) A person certified under this section must be 18 years of age or older.
new text end

Sec. 15.

Minnesota Statutes 2022, section 18B.36, subdivision 2, is amended to read:


Subd. 2.

Certification.

(a) The commissioner shall prescribe certification requirements
and provide training that meets or exceeds United States Environmental Protection Agency
standards to certify private applicators and provide information relating to changing
technology to help ensure a continuing level of competency and ability to use pesticides
properly and safely. new text begin Private applicator certification requirements and training must meet or
exceed the competency standards in Code of Federal Regulations, title 40, part 171.
Competency standards for private applicator certification and training must be published
on the Department of Agriculture website.
new text end The training may be done through cooperation
with other government agencies and must be a minimum of three hours in duration.

(b) A person must apply to the commissioner for certification as a private applicator.
After completing the certification requirements, which must include deleted text begin andeleted text end new text begin a proctorednew text end
examination as determined by the commissioner, an applicant must be certified as a private
applicator to use restricted use pesticides. The certification shall expire March 1 of the third
calendar year after the initial year of certification.

(c) The commissioner shall issue a private applicator card to a private applicator.

Sec. 16.

Minnesota Statutes 2022, section 18B.37, subdivision 2, is amended to read:


Subd. 2.

Commercial and noncommercial applicators.

(a) A commercial or
noncommercial applicatordeleted text begin ,deleted text end or the applicator's authorized agentdeleted text begin ,deleted text end must maintain a record of
pesticides used on each site. Noncommercial applicators must keep records of restricted
use pesticides. The record must include the:

(1) date of the pesticide use;

(2) time the pesticide application was completed;

(3) brand name of the pesticide, the United States Environmental Protection Agency
registration number, and rate used;

(4) number of units treated;

(5) temperature, wind speed, and wind direction;

(6) location of the site where the pesticide was applied;

(7) name and address of the customer;

(8) name of applicator, name of company, license number of applicator, and address of
applicator company; and

(9) any other information required by the commissioner.

(b) Portions of records not relevant to a specific type of application may be omitted upon
approval from the commissioner.

(c) All information for this record requirement must be contained in a document for each
pesticide application, except a map may be attached to identify treated areas. An invoice
containing the required information may constitute the required record. The commissioner
shall make sample forms available to meet the requirements of this paragraph.

(d) The record must be completed no later than five days after the application of the
pesticide.

(e) A commercial applicator must give a copy of the record to the customer.

(f) Records must be retained by the applicator, company, or authorized agent for five
years after the date of treatment.

new text begin (g) A record of a commercial or noncommercial applicator must meet or exceed the
requirements in Code of Federal Regulations, title 40, part 171.
new text end

Sec. 17.

Minnesota Statutes 2022, section 18B.37, subdivision 3, is amended to read:


Subd. 3.

Structural pest control applicators.

(a) A structural pest control applicator
must maintain a record of each structural pest control application conducted by that person
or by the person's employees. The record must include the:

(1) date of structural pest control application;

(2) target pest;

(3) brand name of the pesticide, United States Environmental Protection Agency
registration number, and amount used;

(4) for fumigation, the temperature and exposure time;

(5) time the pesticide application was completed;

(6) name and address of the customer;

(7) name of structural pest control applicator, name of company and address of applicator
or company, and license number of applicator; and

(8) any other information required by the commissioner.

(b) All information for this record requirement must be contained in a document for
each pesticide application. An invoice containing the required information may constitute
the record.

(c) The record must be completed no later than five days after the application of the
pesticide.

(d) Records must be retained for five years after the date of treatment.

(e) A copy of the record must be given to a person who ordered the application that is
present at the site where the structural pest control application is conducted, placed in a
conspicuous location at the site where the structural pest control application is conducted
immediately after the application of the pesticides, or delivered to the person who ordered
an application or the owner of the site. The commissioner must make sample forms available
that meet the requirements of this subdivision.

(f) A structural applicator must post in a conspicuous place inside a renter's apartment
where a pesticide application has occurred a list of postapplication precautions contained
on the label of the pesticide that was applied in the apartment and any other information
required by the commissioner.

new text begin (g) A record of a structural applicator must meet or exceed the requirements in Code of
Federal Regulations, title 40, part 171.
new text end

APPENDIX

Repealed Minnesota Statutes: S4225-1

3.7371 COMPENSATION FOR CROP OR FENCE DAMAGE CAUSED BY ELK.

Subd. 7.

Rules.

The commissioner shall adopt rules and may amend rules to carry out this section. The commissioner may use the expedited rulemaking process in section 14.389 to adopt and amend rules authorized in this section. The rules must include:

(1) methods of valuation of crops damaged or destroyed;

(2) criteria for determination of the cause of the crop damage or destruction;

(3) notice requirements by the owner of the damaged or destroyed crop;

(4) compensation rates for fence damage or destruction that must not exceed $1,800 per claimant per fiscal year; and

(5) any other matters determined necessary by the commissioner to carry out this section.

Repealed Minnesota Rule: S4225-1

1506.0010 AUTHORITY.

Parts 1506.0010 to 1506.0040 are prescribed under Minnesota Statutes, section 3.7371, by the commissioner of agriculture to implement procedures to compensate agricultural crop owners for crops that are damaged or destroyed by elk. The procedures in parts 1506.0010 to 1506.0040 are in addition to those in Minnesota Statutes, section 3.7371.

1506.0015 DEFINITIONS.

Subpart 1.

Applicability.

The definitions in this part apply to parts 1506.0010 to 1506.0040.

Subp. 2.

Claim form.

"Claim form" means a form provided by the commissioner, to be completed by the crop owner and the county extension agent or federal crop adjuster, containing information upon which payment for a loss must be based.

Subp. 3.

Commissioner.

"Commissioner" means the commissioner of agriculture or the commissioner's authorized agent.

Subp. 4.

Crop owner.

"Crop owner" means an individual, firm, corporation, copartnership, or association with an interest in crops damaged or destroyed by elk.

Subp. 5.

County extension agent.

"County extension agent" means the University of Minnesota Agricultural Extension Service's county extension agent for the county in which the crop owner resides.

Subp. 6.

Federal crop adjuster.

"Federal crop adjuster" means a crop insurance adjuster having a contract with the Federal Crop Insurance Corporation.

Subp. 7.

Market price.

"Market price" means the commodity price published daily by the Minneapolis Grain Exchange in the daily record of prices and receipts.

Subp. 8.

Target price.

"Target price" means the federal commodity price available from the Agricultural Stabilization and Conservation Service office.

1506.0020 REPORTING.

The crop owner shall notify either the federal crop adjuster or the county extension agent of suspected crop loss or damage within 24 hours of the discovery of a loss. The crop owner shall also complete the appropriate part of the claim form which must be available at the county extension office. The crop owner shall provide all information required to investigate the loss or damage to the federal crop adjuster or the county extension agent. A telephone call or personal contact constitutes notification.

1506.0025 INVESTIGATION AND CROP VALUATION.

Subpart 1.

Whether damaged by elk.

The federal crop adjuster or the county extension agent shall investigate the loss in a timely manner and shall make a finding in writing on the appropriate part of the claim form regarding whether the crop was destroyed or damaged by elk. The finding must be based on physical and circumstantial evidence including:

A.

the condition of the crop;

B.

elk tracks;

C.

the area of the state where the loss occurred;

D.

sightings of elk in the area; and

E.

any other circumstances considered pertinent by the federal crop adjuster or the county extension agent.

The absence of affirmative evidence may be grounds for denial of a claim.

Subp. 2.

Extent of damage.

The federal crop adjuster or the county extension agent shall make a written finding on the claim form of the extent of damage or the amount of crop destroyed. The crop owner may choose to have the federal crop adjuster or county extension agent use the method in item A or B to complete the claim form and determine the amount of crop loss.

A.

To submit the claim form at the time the suspected elk damage is discovered, the federal crop adjuster or county extension agent must determine the potential yield, per acre, for the field and record this information on the form in the column labeled "normal yield" and the average yield, per acre, expected from the damaged acres and record this information on the form in the column labeled "average yield expected from damaged acres."

B.

To submit the claim form at the time the crop is harvested:

(1)

the crop owner shall report the loss to the federal crop adjuster or county extension agent within 24 hours of discovery, and the loss must be investigated by the federal crop adjuster or county extension agent in a timely manner;

(2)

the crop owner and federal crop adjuster or county extension agent shall complete the claim form at the time of the investigation, entering the percent of crop loss from damage in the column labeled "normal yield" and leaving the column labeled "average yield expected from damaged acres" blank; and

(3)

when the crop is harvested the federal crop adjuster or county extension agent shall enter the actual yield of the damaged field in the column labeled "average yield expected from damaged acres," enter the date in the same column, and submit the form to the commissioner.

1506.0030 COMPLETION AND SIGNING OF CLAIM FORM.

A completed claim form must be signed by the owner and county extension agent or the federal crop adjuster and submitted by the crop owner to the commissioner for review and payment. The commissioner shall return an incomplete claim form to the crop owner, indicating the information necessary for proper completion.

1506.0035 INSURANCE COVERAGE.

If insurance coverage exists on the crop, the commissioner shall withhold payment under parts 1506.0010 to 1506.0040 until the insurance claim has been paid and evidence of payment has been submitted to the commissioner, at which time that insurance payment must be deducted from the determined value. Payment must not be made for claims of less than $100 per claim or more than $20,000 in a calendar year.

1506.0040 PAYMENT.

After procedures in parts 1506.0020 to 1506.0035 are completed, the commissioner shall make payment to the crop owners.