SF 990

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; changing certain procedures 
  1.3             and requirements for organic food; providing for 
  1.4             compliance with federal law; amending Minnesota 
  1.5             Statutes 2002, sections 31.92, subdivision 3, by 
  1.6             adding subdivisions; 31.94; proposing coding for new 
  1.7             law in Minnesota Statutes, chapter 31; repealing 
  1.8             Minnesota Statutes 2002, sections 31.92, subdivisions 
  1.9             2a, 5; 31.93; 31.95. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 2002, section 31.92, is 
  1.12  amended by adding a subdivision to read: 
  1.13     Subd. 2b.  [FEDERAL LAW.] "Federal law" means the Organic 
  1.14  Foods Production Act of 1990, United States Code, title 7, 
  1.15  sections 6501 et seq. and associated regulations in Code of 
  1.16  Federal Regulations, title 7, section 205. 
  1.17     Sec. 2.  Minnesota Statutes 2002, section 31.92, 
  1.18  subdivision 3, is amended to read: 
  1.19     Subd. 3.  [ORGANIC FOOD.] "Organic food" means any food 
  1.20  product, including meat, dairy, and beverage, that is marketed 
  1.21  using the term "organic" or any derivative of "organic" in its 
  1.22  labeling or advertising "Organic" is a labeling term that refers 
  1.23  to an agricultural product produced in accordance with federal 
  1.24  law. 
  1.25     Sec. 3.  Minnesota Statutes 2002, section 31.92, is amended 
  1.26  by adding a subdivision to read: 
  1.27     Subd. 3a.  [ORGANIC PRODUCTION.] "Organic production" means 
  2.1   a production system that is managed in accordance with federal 
  2.2   law to respond to site-specific conditions by integrating 
  2.3   cultural, biological, and mechanical practices that foster 
  2.4   cycling of resources, promote ecological balance, and conserve 
  2.5   biodiversity. 
  2.6      Sec. 4.  [31.925] [UNIFORMITY WITH FEDERAL LAW.] 
  2.7      The department adopts the federal law specified in section 
  2.8   31.92, subdivision 2b, as the organic food production law and 
  2.9   rules in this state. 
  2.10     Sec. 5.  Minnesota Statutes 2002, section 31.94, is amended 
  2.11  to read: 
  2.12     31.94 [COMMISSIONER DUTIES.] 
  2.13     (a) The commissioner shall enforce sections 31.92 to 31.95. 
  2.14  The commissioner shall withhold from sale or trade any product 
  2.15  sold, labeled, or advertised in violation of sections 31.92 to 
  2.16  31.95. 
  2.17     (b) The commissioner shall investigate the offering for 
  2.18  sale, labeling, or advertising of an article or substance as 
  2.19  organically grown, organically processed, or produced in an 
  2.20  organic environment if there is reason to believe that action is 
  2.21  in violation of sections 31.92 to 31.95. 
  2.22     (c) The commissioner may adopt rules that further clarify 
  2.23  organic food standards and marketing practices. 
  2.24     (d) In order to promote opportunities for organic 
  2.25  agriculture in Minnesota, the commissioner shall: 
  2.26     (1) survey producers and support services and organizations 
  2.27  to determine information and research needs in the area of 
  2.28  organic agriculture practices; 
  2.29     (2) work with the University of Minnesota to demonstrate 
  2.30  the on-farm applicability of organic agriculture practices to 
  2.31  conditions in this state; 
  2.32     (3) direct the programs of the department so as to work 
  2.33  toward the promotion of organic agriculture in this state; 
  2.34     (4) inform agencies of how state or federal programs could 
  2.35  utilize and support organic agriculture practices; and 
  2.36     (5) work closely with farmers producers, the University of 
  3.1   Minnesota, the Minnesota trade office, and other appropriate 
  3.2   organizations to identify opportunities and needs as well as 
  3.3   ensure coordination and avoid duplication of state agency 
  3.4   efforts regarding research, teaching, marketing, and extension 
  3.5   work relating to organic agriculture. 
  3.6      (e) (b) By November 15 of each even-numbered year the 
  3.7   commissioner, in conjunction with the task force created in 
  3.8   section 31.95, subdivision 3a paragraph (c), shall report on the 
  3.9   status of organic agriculture in Minnesota to the legislative 
  3.10  policy and finance committees and divisions with jurisdiction 
  3.11  over agriculture.  The report must include: 
  3.12     (1) a description of current state or federal programs 
  3.13  directed toward organic agriculture, including significant 
  3.14  results and experiences of those programs; 
  3.15     (2) a description of specific actions the department of 
  3.16  agriculture is taking in the area of organic agriculture, 
  3.17  including the proportion of the department's budget spent on 
  3.18  organic agriculture; 
  3.19     (3) a description of current and future research needs at 
  3.20  all levels in the area of organic agriculture; and 
  3.21     (4) suggestions for changes in existing programs or 
  3.22  policies or enactment of new programs or policies that will 
  3.23  affect organic agriculture; and 
  3.24     (5) a description of market trends and potential for 
  3.25  organic products. 
  3.26     (c) The commissioner shall appoint a Minnesota organic 
  3.27  advisory task force to advise the commissioner on policies and 
  3.28  practices to improve organic agriculture in Minnesota.  The task 
  3.29  force must consist of the following residents of the state: 
  3.30     (1) three farmers using organic agriculture methods; 
  3.31     (2) two organic food wholesalers, retailers, or 
  3.32  distributors; 
  3.33     (3) one representative of organic food certification 
  3.34  agencies; 
  3.35     (4) two organic food processors; 
  3.36     (5) one representative from the Minnesota extension 
  4.1   service; 
  4.2      (6) one representative from a Minnesota postsecondary 
  4.3   research institution; 
  4.4      (7) one representative from a nonprofit organization 
  4.5   representing producers; 
  4.6      (8) one at-large member; 
  4.7      (9) one representative from the United States Department of 
  4.8   Agriculture; and 
  4.9      (10) one organic consumer representative. 
  4.10  Terms, compensation, and removal of members are governed by 
  4.11  section 15.059, subdivision 6.  The task force must meet at 
  4.12  least twice each year and expires on June 30, 2005. 
  4.13     (d) For the purposes of expanding, improving, and 
  4.14  developing production and marketing of the organic products of 
  4.15  Minnesota agriculture, the commissioner may receive funds from 
  4.16  state and federal sources and spend them, including through 
  4.17  grants or contracts, to assist producers and processors to 
  4.18  achieve certification, to conduct education or marketing 
  4.19  activities, to enter into research and development partnerships, 
  4.20  or to address production or marketing obstacles to the growth 
  4.21  and well-being of the industry. 
  4.22     (e) The commissioner may require registration of state 
  4.23  organic production and handling operations including those 
  4.24  exempt from organic certification according to Code of Federal 
  4.25  Regulations, title 7, section 205.101, and certification agents 
  4.26  operating within the state. 
  4.27     Sec. 6.  [REPEALER.] 
  4.28     Minnesota Statutes 2002, sections 31.92, subdivisions 2a 
  4.29  and 5; 31.93; and 31.95, are repealed.