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SF 4223

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 05/14/2020 08:55am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to agriculture; making policy and technical changes to agriculture-related
provisions including provisions related to seed law, noxious weed law, loans, pet
food, hemp, meat processing, eggs, grain buyers, and others; modifying agriculture
education; providing immunity for animal cruelty reporting by veterinarians;
modifying rulemaking; modifying a 2019 appropriation; requiring reports; amending
Minnesota Statutes 2018, sections 13.6435, subdivision 4a; 17.117, subdivisions
4, 5, 16; 18.77, subdivisions 8a, 13, by adding subdivisions; 18.771; 18.78,
subdivisions 1, 3; 18.79, subdivisions 6, 10, 15, 18, 21; 18.82; 18.90; 18.91,
subdivision 2; 18G.09; 18K.02, by adding subdivisions; 18K.04, subdivisions 1,
3, by adding subdivisions; 18K.06; 21.72, subdivisions 11, 14, 15, by adding a
subdivision; 21.73, subdivision 1; 21.74; 21.75, subdivision 1; 21.81, by adding
subdivisions; 21.82, by adding a subdivision; 21.84; 21.85, subdivisions 2, 15;
21.86, subdivision 2; 21.89, subdivision 4; 25.40, subdivisions 1, 2; 28A.03,
subdivision 8; 29.23, subdivision 3; 31A.02, subdivision 10; 31A.10; 31A.15,
subdivision 1; 41B.056, subdivision 4; 41D.01; 41D.02; 41D.03; 41D.04; Minnesota
Statutes 2019 Supplement, sections 223.16, subdivision 4; 223.177, subdivisions
2, 3; Laws 2019, First Special Session chapter 1, article 1, section 2, subdivision
4; proposing coding for new law in Minnesota Statutes, chapters 21; 343; repealing
Minnesota Statutes 2018, section 21.81, subdivision 12.

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

ARTICLE 1

DEPARTMENT OF AGRICULTURE;
SEED LAW

Section 1.

Minnesota Statutes 2018, section 21.72, subdivision 11, is amended to read:


Subd. 11.

Screenings.

"Screenings" means chaff, florets, immaturenew text begin or brokennew text end seed, weed
seeds, inert matter, and other foreign material removed in any way from any seeds or grains
in any kind of cleaning and processing, or obtained from any other source.

Sec. 2.

Minnesota Statutes 2018, section 21.72, subdivision 14, is amended to read:


Subd. 14.

Noxious weed seeds.

"Noxious weed seeds" includes restrictednew text begin and prohibitednew text end
noxious weed seeds as defined in deleted text beginsubdivisiondeleted text endnew text begin subdivisionsnew text end 15new text begin and 16new text end.

Sec. 3.

Minnesota Statutes 2018, section 21.72, subdivision 15, is amended to read:


Subd. 15.

Restricted weed seeds.

"Restricted weed seeds" are those weed seeds deleted text beginwhich,
if present in weed-seed infested agricultural seeds and grains, or screenings, shall not be
present singly or collectively in excess of the rate of 90 per pound. Restricted weed seeds
are seeds of buckhorn plantain (Plantago lanceolata), dodder (Cuscuta spp.), Frenchweed
(Thlaspi arvense), hoary alyssum (Berteroa incana), horse nettle (Solanum carolinense),
wild mustard (Brassica ssp.), quack grass (Agropyron repens), Canada thistle (Cirsium
arvense), field bindweed (Convolvulus arvensis), leafy spurge (Euphorbia esula), perennial
peppergrass (Cardaria draba), perennial sow thistle (Sonchus arvensis), and Russian
knapweed (Centaurea repens)
deleted text endnew text begin placed on the list provided under section 21.85, subdivision
15
new text end.

Sec. 4.

Minnesota Statutes 2018, section 21.72, is amended by adding a subdivision to
read:


new text begin Subd. 16. new text end

new text begin Prohibited noxious weed seeds. new text end

new text begin "Prohibited noxious weed seeds" are those
weed seeds placed on the list provided under section 21.85, subdivision 15.
new text end

Sec. 5.

Minnesota Statutes 2018, section 21.73, subdivision 1, is amended to read:


Subdivision 1.

Infested feed grain; screenings.

It is unlawful for any person to feed or
to sell, offer for sale, or expose for sale, or transport, to the consumer, for feeding purposes,
any weed-seed infested agricultural seeds and grains, or screenings:

(1) containing restrictednew text begin or prohibited noxiousnew text end weed seeds in excess of the legal limit;new text begin
and
new text end

(2) containing more than ten percent total weed seeds by weight.

Sec. 6.

Minnesota Statutes 2018, section 21.74, is amended to read:


21.74 EXCEPTIONS.

The provisions of section 21.73 shall not apply to:

(1) Agricultural seeds and grains, or screenings, not intended for feeding purposes;

(2) Weed-seed infested agricultural seeds and grains, or screenings, being transported
upon any public highway to or from a cleaning or processing establishment for cleaning or
processing, which same are carried or transported in such vehicles or containers as will
prevent the leaking or scattering thereof;

(3) Weed-seed infested agricultural seeds and grains, or screenings, which have first
been devitalized by grinding, heating, chemical treatment, or any other suitable method;

(4) The sale of weed-seed infested agricultural seeds and grains, or screenings, to each
other by jobbers, manufacturers, or processors who mix or grind concentrated commercial
feeding stuff for sale; provided that the restrictions applying to clause (2), are complied
with;

(5) The sale of weed-seed infested agricultural seeds and grains, or screenings, by any
vendor to a consumer, provided that the restrictions set forth in clauses (2) and (3) are
complied with. However, where the vendor is not equipped to devitalize weed seeds, the
vendor may sell weed-seed infested agricultural seeds, grains, or screenings only to a
consumer who holds a permit issued by the commissioner for such a purchase. The
commissioner shall issue such a permit annually to a consumer only if the consumer has
the necessary facilities for devitalization, as determined by the commissioner, or has access
to such facilities. The consumer shall devitalize such weed-seed infested agricultural seeds,
grains, or screenings. The commissioner may revoke a permit after due notice and a hearing
if the consumer does not comply with the provisions of this clause. The provisions of this
clause shall not apply to the sale at a farm auction of a vendors agricultural seeds or grains
for feeding or processing purposes. "Farm auction" for the purpose of this clause means the
final sale at auction of the personal property of the farmer to the highest bidder. However,
if such agricultural seeds and grains are sold under variety names, and in such manner and
at such prices as to indicate that it is intended to use the seeds and grains for seeding purposes,
the seeds and grains are then subject to all laws relating to cleaning, testing, and labeling
of agricultural seed as set forth in the agricultural seed laws and the agricultural weed laws
of the state of Minnesota and such rules as have been promulgated by the commissioner of
agriculture thereunder; and

(6) Weed-seed infested agricultural seed and grains or screenings, produced by the farmer
and fed on the farmer's own farm, provided it does not contain restrictednew text begin or prohibited
noxious
new text end weed seeds in excess of the legal limit.

Sec. 7.

Minnesota Statutes 2018, section 21.75, subdivision 1, is amended to read:


Subdivision 1.

Enforcement; rulemaking.

deleted text beginThe duty of enforcing sections 21.71 to
21.78 and carrying out the provisions and requirements thereof is vested in the commissioner
of agriculture. The commissioner, personally or through agents, shall
deleted text endnew text begin The commissioner
must enforce sections 21.71 to 21.78. The commissioner must
new text end:

(1) sample, inspect, make analysis of, and test weed-seed infested agricultural seeds and
grains, or screenings, transported, sold, or offered, or exposed for sale within this state for
any purpose, at such time and place, and to such extent as the commissioner may deem
necessary to determine whether such weed-seed infested agricultural seeds and grain, or
screenings, is in compliance with the provisions of sections 21.71 to 21.78, and to notify
promptly the person who transported, sold, offered, or exposed the weed-seed infested
agricultural seeds and grains, or screenings, for sale of any violation;new text begin and
new text end

(2) prescribe and, after public hearing following due public notice, adopt such rules as
may be necessary to secure the efficient enforcement of sections 21.71 to 21.78. deleted text beginSuch rules
are to be adopted in accordance with the law; and
deleted text end

deleted text begin (3) Prescribe and, after public hearing following due public notice, establish, add to, or
subtract therefrom by rules a restricted noxious weed-seed list.
deleted text end

Sec. 8.

Minnesota Statutes 2018, section 21.81, is amended by adding a subdivision to
read:


new text begin Subd. 14a. new text end

new text begin Labeler. new text end

new text begin "Labeler" means the person whose complete name and address
appears on the label of agricultural, vegetable, flower, tree, or shrub seed for sale within
this state, or the person identified by the code designation on the label as authorized by
Code of Federal Regulations, title 7, section 201.23.
new text end

Sec. 9.

Minnesota Statutes 2018, section 21.81, is amended by adding a subdivision to
read:


new text begin Subd. 21a. new text end

new text begin Recommended Uniform State Seed Law. new text end

new text begin "Recommended Uniform State
Seed Law" refers to the Association of American Seed Control Officials guidelines for seed
law.
new text end

Sec. 10.

Minnesota Statutes 2018, section 21.82, is amended by adding a subdivision to
read:


new text begin Subd. 9. new text end

new text begin Hemp seed. new text end

new text begin To comply with the hemp requirements in chapter 18K, a hemp
seed labeler must test the hemp parent plants used to produce the hemp seed at the appropriate
developmental stage and obtain a certificate of analysis showing that the hemp seed was
produced from hemp parent plants with less than 0.3 percent total delta-9
tetrahydrocannabinol concentration.
new text end

Sec. 11.

Minnesota Statutes 2018, section 21.84, is amended to read:


21.84 RECORDS.

new text begin (a) new text endEach person whose name appears on the label of agricultural, vegetable, flower,
wildflower, tree, deleted text beginordeleted text end shrub deleted text beginseedsdeleted text endnew text begin, or any other seednew text end subject to section 21.82 or 21.83 deleted text beginshalldeleted text endnew text begin
must
new text end keepnew text begin (1)new text end for three years complete records of eachnew text begin seednew text end lot deleted text beginof agricultural, vegetable,
flower, wildflower, tree, or shrub seed
deleted text end sold in this statenew text begin,new text end and deleted text beginshall keepdeleted text endnew text begin (2)new text end for one year a
file sample of eachnew text begin seednew text end lot deleted text beginof seeddeleted text end after disposition of the lot.

new text begin (b) The labeler must retain the following information as part of the complete record for
each seed lot sold:
new text end

new text begin (1) the lot number or other lot identification;
new text end

new text begin (2) a copy of the genuine grower's or tree seed collector's declaration, or a similar
document containing the same information;
new text end

new text begin (3) copies of invoices showing the sale of each seed lot, including the name of the person
the seed was sold to, the amount sold, the date of sale, the name of the kind or the kind and
variety of the seed, and the lot number;
new text end

new text begin (4) a copy of the label that was attached to or accompanied the seed lot;
new text end

new text begin (5) a copy of the field and final certification documents, if applicable;
new text end

new text begin (6) a copy of each testing report of the seed for labeling purposes; and
new text end

new text begin (7) a file sample of the seed lot which is representative of the seed lot and of sufficient
size to constitute an official sample in accordance with section 201.43 of the Federal Seed
Act regulations.
new text end

Sec. 12.

Minnesota Statutes 2018, section 21.85, subdivision 2, is amended to read:


Subd. 2.

Seed laboratory.

(a) The commissioner deleted text beginshalldeleted text endnew text begin mustnew text end establish and maintain a
seed laboratory for seed testing, employing necessary agents and assistants to administer
and enforce sections 21.80 to 21.92, who shall be governed by chapter 43A.

(b) The laboratory procedures for testing official seed samples are the procedures set
forth in the Rules for Testing Seeds that is published annually by the Association of Official
Seed Analysts. If a laboratory procedure rule does not exist for a particular type of seed,
then laboratory procedures from other recognized seed testing sources may be used, including
procedures under the Code of Federal Regulations, title 7, part 201, or the International
Rules for Testing Seeds.

new text begin (c) The commissioner must apply the following tolerances when comparing the label
claims made for required label categories, minimum standards not specifically required to
be labeled, or other label claims that can be verified by laboratory analysis:
new text end

new text begin (1) tolerances for pure seed, weed seed, other crop seed, and inert matter according to
Code of Federal Regulations, title 7, section 201.60, including additional tolerances for
chaffy seeds and mixtures containing chaffy seeds;
new text end

new text begin (2) tolerances for the presence of prohibited noxious weed seeds and rate of occurrence
of restricted weed seeds according to Code of Federal Regulations, title 7, section 201.65;
new text end

new text begin (3) tolerances for germination, hard seed, dormant seed, total viable seed, and pure live
seed percentages of kinds of seeds required to be labeled as agricultural seed according to
Code of Federal Regulations, title 7, section 201.63; and
new text end

new text begin (4) minimum germination standards:
new text end

new text begin (i) for vegetable seed germination, in accordance with section 21.82, subdivision 7,
paragraph (a), and the germination standards for vegetable seeds prepared for use by home
gardeners in Code of Federal Regulations, title 7, section 201.31; and
new text end

new text begin (ii) for flower seed germination, in accordance with section 21.82, subdivision 8,
paragraph (a), and the germination standards for flower seeds prepared for use by home
gardeners as listed in the Recommended Uniform State Seed Law.
new text end

Sec. 13.

Minnesota Statutes 2018, section 21.85, subdivision 15, is amended to read:


Subd. 15.

Prohibited and restricted seeds.

new text begin(a) new text endThe commissioner deleted text beginshalldeleted text endnew text begin, in consultation
with the Seed Program Advisory Committee, must
new text end determine species that are considered
prohibited weed seeds and restricted noxious weed seeds and the allowable rate of occurrence
of restricted noxious weed seedsdeleted text begin.deleted text endnew text begin subject to sections 21.80 to 21.92. The commissioner must
prepare, publish, and revise at least once every three years, a list of prohibited and restricted
noxious weed seeds. The commissioner must distribute the list to the public and may request
the help of the United States Department of Agriculture's published All-States Noxious
Weed Seed List or any other organization that the commissioner considers appropriate to
assist in the distribution. The commissioner may, in consultation with the Seed Program
Advisory Committee, accept and consider noxious weed seed designation petitions from
Minnesota citizens or Minnesota organizations or associations including the Noxious Weed
Advisory Committee.
new text end

new text begin (b) Restricted weed seeds, if present in weed-seed infested agricultural seeds and grains,
or screenings, must not be present singly or collectively in excess of the rate of 90 per pound.
new text end

new text begin (c) Prohibited noxious weed seeds must not be present in weed-seed infested agricultural
seeds and grains, or screenings.
new text end

Sec. 14.

new text begin [21.851] ADVISORY COMMITTEE; MEMBERSHIP.
new text end

new text begin Subdivision 1. new text end

new text begin Duties. new text end

new text begin The commissioner must consult with the Seed Program Advisory
Committee to advise the commissioner concerning responsibilities under the seed regulatory
program. The committee must evaluate species for invasiveness, difficulty of control, cost
of control, benefits, and amount of injury caused by each species. For each species evaluated,
the committee must recommend to the commissioner whether a species should be listed as
a prohibited noxious weed seed or restricted noxious weed seed or not be listed. Species
designated as prohibited or restricted noxious weed seeds must be reevaluated every three
years for a recommendation on whether or not the designated species need to remain on the
noxious weed seed lists. The committee must also advise the commissioner on the
implementation of the Minnesota Seed Law. Members of the committee are not entitled to
reimbursement of expenses nor payment of per diem. Members serve two-year terms with
subsequent reappointment by the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The commissioner must appoint members to include
representatives from:
new text end

new text begin (1) the College of Food, Agricultural and Natural Resource Sciences or Extension at the
University of Minnesota;
new text end

new text begin (2) Minnesota Crop Improvement;
new text end

new text begin (3) the seed industry in Minnesota, a minimum of six members with representation from
multinational, national, regional, and Minnesota seed companies;
new text end

new text begin (4) the grain industry in Minnesota;
new text end

new text begin (5) farmers in Minnesota;
new text end

new text begin (6) other state and federal agencies with an interest in seed; and
new text end

new text begin (7) other members as needed.
new text end

new text begin Subd. 3. new text end

new text begin Organization. new text end

new text begin The committee must select a chair from its membership. Meetings
of the committee may be called by or at the direction of the commissioner or the chair.
new text end

Sec. 15.

Minnesota Statutes 2018, section 21.86, subdivision 2, is amended to read:


Subd. 2.

Miscellaneous violations.

No person may:

(a) detach, alter, deface, or destroy any label required in sections 21.82 and 21.83, alter
or substitute seed in a manner that may defeat the purposes of sections 21.82 and 21.83, or
alter or falsify any seed tests, laboratory reports, records, or other documents to create a
misleading impression as to kind, variety, history, quality, or origin of the seed;

(b) hinder or obstruct in any way any authorized person in the performance of duties
under sections 21.80 to 21.92;

(c) fail to comply with a "stop sale" order or to move or otherwise handle or dispose of
any lot of seed held under a stop sale order or attached tags, except with express permission
of the enforcing officer for the purpose specified;

(d) use the word "type" in any labeling in connection with the name of any agricultural
seed variety;

(e) use the word "trace" as a substitute for any statement which is required; deleted text beginor
deleted text end

(f) plant any agricultural seed which the person knows contains weed seeds or noxious
weed seeds in excess of the limits for that seeddeleted text begin.deleted text endnew text begin; or
new text end

new text begin (g) advertise or sell seed containing patented, protected, or proprietary varieties used
without permission of the patent or certificate holder of the intellectual property associated
with the variety of seed.
new text end

Sec. 16.

Minnesota Statutes 2018, section 21.89, subdivision 4, is amended to read:


Subd. 4.

Exemptions.

deleted text beginAn initialdeleted text endnew text begin Anew text end labeler who sells for use in Minnesota agricultural,
vegetable, or flower seeds must have a seed fee permit unless the agricultural, vegetable,
or flower seeds are of the breeder or foundation seed classes of varieties developed by
publicly financed research agencies intended for the purpose of increasing the quantity of
seed available.

Sec. 17. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2018, section 21.81, subdivision 12, new text end new text begin is repealed.
new text end

ARTICLE 2

DEPARTMENT OF AGRICULTURE;
NOXIOUS WEEDS

Section 1.

Minnesota Statutes 2018, section 18.77, subdivision 8a, is amended to read:


Subd. 8a.

Noxious weed management plan.

"Noxious weed management plan" means
controlling or eradicating noxious weeds in the manner designated in a management plan
developed for the deleted text beginarea or sitedeleted text endnew text begin locationnew text end where the infestations are found using specific
strategies or methods that are to be used singly or in combination to achieve control or
eradication.

Sec. 2.

Minnesota Statutes 2018, section 18.77, subdivision 13, is amended to read:


Subd. 13.

deleted text beginWeed management areadeleted text endnew text begin Noxious weed management sitenew text end.

deleted text begin"Weed
management area"
deleted text endnew text begin "Noxious weed management site"new text end means a designated area where special
or unique noxious weed control or eradication strategies or methods are used according to
a specific management plan developed for each management area established.

Sec. 3.

Minnesota Statutes 2018, section 18.77, is amended by adding a subdivision to
read:


new text begin Subd. 14. new text end

new text begin Cooperative weed management areas or CWMAs. new text end

new text begin "Cooperative weed
management areas" or "CWMAs" means partnership organizations formed with the goal
of managing invasive plants across jurisdictional and land ownership boundaries through
collective planning and sharing of knowledge and resources.
new text end

Sec. 4.

Minnesota Statutes 2018, section 18.77, is amended by adding a subdivision to
read:


new text begin Subd. 15. new text end

new text begin Biological control of plants. new text end

new text begin "Biological control of plants" means the reduction
of noxious weed or invasive plant populations through the use of natural enemies such as
parasitoids, predators, pathogens, antagonists, or competitors to suppress noxious weed or
invasive plant populations.
new text end

Sec. 5.

Minnesota Statutes 2018, section 18.77, is amended by adding a subdivision to
read:


new text begin Subd. 16. new text end

new text begin Appropriate disposal site. new text end

new text begin "Appropriate disposal site" means a facility that
lawfully destroys noxious weeds and noxious weed propagating parts.
new text end

Sec. 6.

Minnesota Statutes 2018, section 18.77, is amended by adding a subdivision to
read:


new text begin Subd. 17. new text end

new text begin Invasive plant. new text end

new text begin "Invasive plant" means a nonnative species whose introduction
and establishment causes, or may cause, economic or environmental harm or harm to human
health.
new text end

Sec. 7.

Minnesota Statutes 2018, section 18.771, is amended to read:


18.771 NOXIOUS WEED CATEGORIES.

(a) For purposes of designation under section 18.79, subdivision 13, noxious weed
category means each of the following categoriesdeleted text begin.deleted text endnew text begin:
new text end

new text begin (1) the prohibited-eradicate noxious weeds category;
new text end

new text begin (2) the prohibited-control noxious weeds category;
new text end

new text begin (3) the restricted noxious weeds category;
new text end

new text begin (4) the specially regulated plants category; and
new text end

new text begin (5) the county noxious weeds category.
new text end

(b) deleted text begin"Prohibiteddeleted text endnew text begin The "prohibited-eradicatenew text end noxious weeds"new text begin categorynew text end includes noxious
weeds that must be deleted text begincontrolled ordeleted text end eradicated on all lands within the state. Transportation of
deleted text begin a prohibited noxious weed's propagating parts is restricted by permitdeleted text endnew text begin the propagating parts
of prohibited-eradicate noxious weeds is prohibited
new text end except as allowed deleted text beginbydeleted text endnew text begin undernew text end section
18.82. deleted text beginProhibiteddeleted text endnew text begin Prohibited-eradicatenew text end noxious weeds may not be sold or propagated in
Minnesota. deleted text beginThere are two regulatory listings for prohibited noxious weeds in Minnesota:deleted text endnew text begin
Noxious weeds that are designated as prohibited-eradicate noxious weeds and placed on
the prohibited-eradicate noxious weeds list are plants that are not currently known to be
present in Minnesota or are not widely established in the state. All prohibited-eradicate
noxious weeds must be eradicated.
new text end

deleted text begin (1) the noxious weed eradicate list is established. Prohibited noxious weeds placed on
the noxious weed eradicate list are plants that are not currently known to be present in
Minnesota or are not widely established. These species must be eradicated; and
deleted text end

deleted text begin (2) the noxious weed control list is established. Prohibited noxious weeds placed on the
noxious weed control list are plants that are already established throughout Minnesota or
regions of the state. Species on this list must at least be controlled.
deleted text end

new text begin (c) The "prohibited-control noxious weeds" category includes noxious weeds that must
be controlled on all lands within the state. Transportation of the propagating parts of
prohibited-control noxious weeds is prohibited except as allowed under section 18.82.
Prohibited-control noxious weeds may not be propagated or sold in Minnesota. Noxious
weeds that are designated as prohibited-control noxious weeds and placed on the
prohibited-control noxious weeds list are plants that are already established throughout the
state or regions of the state. At minimum, these species must be controlled in a way that
prevents spread of these species by seed or vegetative means.
new text end

deleted text begin (c)deleted text endnew text begin (d) Thenew text end "restricted noxious weeds"new text begin categorynew text end includes noxious weedsnew text begin and their
propagating parts
new text end thatnew text begin may not be imported, sold, or transported in the state, except as
allowed by permit under section 18.82. Noxious weeds that are designated as restricted and
placed on the restricted list may be plants that
new text end are widely distributed in Minnesotadeleted text begin, but for
which the only feasible means of control is to prevent their spread by prohibiting the
importation, sale, and transportation of their propagating parts in the state, except as allowed
by section 18.82
deleted text endnew text begin and for which a requirement of eradication or control would not be feasible
on a statewide basis using existing practices
new text end.

deleted text begin (d)deleted text endnew text begin (e) Thenew text end "specially regulated plants"new text begin categorynew text end includes noxious weeds that may be
native species ornew text begin nonnative species thatnew text end have demonstrated economic value, but also have
the potential to cause harm in noncontrolled environments. Plants designated as specially
regulated have been determined to pose ecological, economical, or human or animal health
concerns. Species-specific management plans or rules that define the use and management
requirements for these plants must be developed by the commissioner of agriculture for
each plant designated as specially regulated. The commissioner must also take measures to
minimize the potential for harm caused by these plants.

deleted text begin (e)deleted text endnew text begin (f) Thenew text end "county noxious weeds"new text begin categorynew text end includes noxious weeds that are designated
by individual county boards to be enforced as prohibited noxious weeds within the county's
jurisdiction and must be approved by the commissioner of agriculture, in consultation with
the Noxious Weed Advisory Committee. Each county board must submit newly proposed
county noxious weeds to the commissioner of agriculture for review. Approved county
noxious weeds shall also be posted with the county's general weed notice prior to May 15
each year. Counties are solely responsible for developing county noxious weed lists and
their enforcement.

Sec. 8.

Minnesota Statutes 2018, section 18.78, subdivision 1, is amended to read:


Subdivision 1.

Generally.

A person owning land, a person occupying land, or a person
responsible for the maintenance of public land deleted text beginshall control or eradicatedeleted text endnew text begin must managenew text end all
noxious weedsnew text begin, according to the noxious weed categories under section 18.771,new text end on the land
at a time and in a manner ordered by an inspector or county-designated employee.

Sec. 9.

Minnesota Statutes 2018, section 18.78, subdivision 3, is amended to read:


Subd. 3.

deleted text beginWeed control agreementdeleted text endnew text begin Noxious weed management plannew text end.

The
commissioner, municipality, or county agricultural inspector or county-designated employee
may enter into deleted text begina weed controldeleted text endnew text begin annew text end agreement with a landowner ornew text begin noxiousnew text end weed management
deleted text begin areadeleted text endnew text begin sitenew text end group to establish a mutually agreed-upon noxious weed management plan for up
to three years duration, whereby a noxious weed problem will be controlled without additional
enforcement action. If a property owner fails to comply with the noxious weed management
plan, an individual notice may be served.

Sec. 10.

Minnesota Statutes 2018, section 18.79, subdivision 6, is amended to read:


Subd. 6.

Training for control or eradication of noxious weeds.

The commissioner
shall conduct initial training considered necessary for inspectors and county-designated
employees in the enforcement of the Minnesota Noxious Weed Law. The deleted text begindirectordeleted text endnew text begin deannew text end of
University of Minnesota Extension may conduct educational programs for the general public
that will aid compliance with the Minnesota Noxious Weed Law. Upon request, the
commissioner may provide information and other technical assistance to the county
agricultural inspector or county-designated employee to aid in the performance of
responsibilities specified by the county board under section 18.81, subdivisions 1a and 1b.

Sec. 11.

Minnesota Statutes 2018, section 18.79, subdivision 10, is amended to read:


Subd. 10.

Prosecution.

On finding that a person has violated sections 18.76 to 18.91,
the deleted text begincounty agriculturaldeleted text end inspector or county-designated employee may start court proceedings
in the locality in which the violation occurred. The county attorney may prosecute actions
under sections 18.76 to 18.91 within the county attorney's jurisdiction.

Sec. 12.

Minnesota Statutes 2018, section 18.79, subdivision 15, is amended to read:


Subd. 15.

Noxious weed management.

The commissioner, in consultation with the
Noxious Weed Advisory Committee, shall develop management strategies and criteria for
each noxious weed categorynew text begin listed in section 18.771 and each individually listed speciesnew text end.

Sec. 13.

Minnesota Statutes 2018, section 18.79, subdivision 18, is amended to read:


Subd. 18.

Noxious weed education and notification.

(a) The commissioner shall
disseminate information and conduct educational campaigns with respect to control of
noxious weeds or invasive plants to enhance regulatory compliance and voluntary efforts
to eliminate or manage these plants. The commissioner shall call and attend meetings and
conferences dealing with the subject of noxious weeds. The commissioner shall maintain
on the department's website noxious weed management information including but not limited
to the roles and responsibilities of citizens and government entities under sections 18.76 to
18.91 and specific guidance as to whom a person should contact to report a noxious weed
issue.

(b) The commissioner shall post notice on the department's website deleted text beginand alertdeleted text endnew text begin when a
weed on the eradicate list is confirmed for the first time in a county. The commissioner may
notify
new text end appropriate media outlets when a weed on the eradicate list is confirmed for the first
time in a county.

Sec. 14.

Minnesota Statutes 2018, section 18.79, subdivision 21, is amended to read:


Subd. 21.

new text begin Noxious new text endweed management deleted text beginareadeleted text endnew text begin sitenew text end.

The commissioner, in consultation
with the Noxious Weed Advisory Committee, may establish anew text begin noxiousnew text end weed management
deleted text begin areadeleted text endnew text begin sitenew text end to include a part of one or more counties or all of one or more counties of this state
and shall include all the land within the boundaries of the area established.new text begin Noxiousnew text end weed
management plans developed for anew text begin noxiousnew text end weed management deleted text beginareadeleted text endnew text begin sitenew text end must be reviewed
and approved by the commissioner deleted text beginanddeleted text endnew text begin in consultation withnew text end the Noxious Weed Advisory
Committee.new text begin Noxiousnew text end weed management deleted text beginareasdeleted text endnew text begin sitesnew text end may seek funding under section 18.90.

Sec. 15.

Minnesota Statutes 2018, section 18.82, is amended to read:


18.82 TRANSPORTATION OF NOXIOUS WEED PROPAGATING PARTS deleted text beginIN
INFESTED MATERIAL OR EQUIPMENT
deleted text end.

Subdivision 1.

Permits.

new text begin Transporting noxious weed propagating parts without a permit
is prohibited,
new text endexcept as provided in section 21.74deleted text begin,deleted text endnew text begin.new text end If a person wants to transportnew text begin noxious
weed propagating parts
new text end along a public deleted text beginhighwaydeleted text endnew text begin roadway, includingnew text end materials or equipment
containing the propagating parts ofnew text begin noxiousnew text end weeds deleted text begindesignated as noxious by the
commissioner
deleted text end, the person must secure a written permit for transportation deleted text beginof the material or
equipment
deleted text end from an inspector or county-designated employee. Inspectors or county-designated
employees may issue permits to persons residing or operating within their jurisdiction. A
permit is not required for the transport of noxious weeds for the purpose of destroying
propagating parts at deleted text begina Department of Agriculture-approveddeleted text endnew text begin an appropriatenew text end disposal site.
Anyone transporting noxious weed propagating parts for the purpose of disposal at an
deleted text begin approveddeleted text endnew text begin appropriate disposalnew text end site shall ensure that all materials are contained in a manner
that prevents escape during transportnew text begin and complies with section 115A.931. A person must
obtain a permit before possessing noxious weeds with propagating parts for research,
education and outreach, or other reasons approved by the commissioner
new text end.

Subd. 2.

Conditions of permit issuance.

The following conditions must be met before
a permit under subdivision 1 may be issued:

(1) any material or equipment containing noxious weed propagating parts that is about
to be transported along a public deleted text beginhighwaydeleted text endnew text begin roadwaynew text end must be in a container that is sufficiently
tight and closed or otherwise covered to prevent the blowing or scattering of the material
along the highway or on other lands or water; deleted text beginand
deleted text end

(2) the destination for unloading and the use of the material or equipment containing
noxious weed propagating parts must be stated on the permit along with the method that
will be used to destroy the viability of the propagating parts and thereby prevent deleted text begintheirdeleted text endnew text begin the
material
new text end being dumped or scattered upon land or waterdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) the applicant for a permit for possession of noxious weed propagating parts must
agree to follow the guidelines listed on the permit by the inspector.
new text end

Subd. 3.

Duration of permit; revocation.

A permit under subdivision 1 is valid for up
to one year after the date it is issued unless otherwise specified by the inspector or
county-designated employee issuing the permit. The permit may be revoked if an inspector
or county-designated employee determines that the applicant has not complied with this
section.

Sec. 16.

Minnesota Statutes 2018, section 18.90, is amended to read:


18.90 GRANT PROGRAM.

(a) From funds available in the noxious weed and invasive plant species assistance
account established in section 18.89, the commissioner shall administer a grant program to
assist counties and municipalities and other weed management entities in the cost of
implementing and maintaining noxious weed control programs and in addressing special
weed control problems. The commissioner shall receive applications by counties,
municipalities,new text begin noxiousnew text end weed management deleted text beginareasdeleted text endnew text begin sitesnew text end, and weed management entities for
assistance under this section and, in consultation with the Noxious Weed Advisory
Committee, award grants for any of the following eligible purposes:

(1) to conduct applied research to solve locally significant weed management problems;

(2) to demonstrate innovative control methods or land management practices which have
the potential to reduce landowner costs to control noxious weeds or improve the effectiveness
of noxious weed control;

(3) to encourage the ongoing support ofnew text begin noxiousnew text end weed management deleted text beginareasdeleted text endnew text begin sitesnew text end;

(4) to respond to introductions or infestations of invasive plants that threaten or potentially
threaten the productivity of cropland and rangeland over a wide area;

(5) to respond to introductions or infestations of invasive plant species that threaten or
potentially threaten the productivity of biodiversity of wildlife and fishery habitats on public
and private lands;

(6) to respond to special weed control problems involving weeds not included in the list
of noxious weeds published and distributed by the commissioner;

(7) to conduct monitoring or surveillance activities to detect, map, or determine the
distribution of invasive plant species and to determine susceptible locations for the
introduction or spread of invasive plant species; and

(8) to conduct educational activities.

(b) The commissioner shall select and prioritize applications for assistance under this
section based on the following considerations:

(1) the seriousness of the noxious weed or invasive plant problem or potential problem
addressed by the project;

(2) the ability of the project to provide timely intervention to save current and future
costs of control and eradication;

(3) the likelihood that the project will prevent or resolve the problem or increase
knowledge about resolving similar problems in the future;

(4) the extent to which the project will leverage federal funds and other nonstate funds;

(5) the extent to which the applicant has made progress in addressing noxious weed or
invasive plant problems;

(6) the extent to which the project will provide a comprehensive approach to the control
or eradication of noxious weeds;

(7) the extent to which the project will reduce the total population or area of infestation
of a noxious weed;

(8) the extent to which the project uses the principles of integrated vegetation management
and sound science; and

(9) other factors that the commissioner determines to be relevant.

(c) Nothing in this section may be construed to relieve a person of the duty or
responsibility to control the spread of noxious weeds on lands owned and controlled by the
person.

Sec. 17.

Minnesota Statutes 2018, section 18.91, subdivision 2, is amended to read:


Subd. 2.

Membership.

The commissioner shall appoint members, which shall include
representatives from the following:

(1)new text begin the Department ofnew text end Horticultural Sciencedeleted text begin, agronomy, and forestrydeleted text end at the University
of Minnesota;

new text begin (2) the Department of Agronomy at the University of Minnesota;
new text end

new text begin (3) the Department of Forest Resources at the University of Minnesota;
new text end

deleted text begin (2)deleted text endnew text begin (4)new text end the nursery and landscape industry in Minnesota;

deleted text begin (3)deleted text endnew text begin (5)new text end the seed industry in Minnesota;

deleted text begin (4)deleted text endnew text begin (6)new text end the Department of Agriculture;

deleted text begin (5)deleted text endnew text begin (7)new text end the Department of Natural Resources;

deleted text begin (6)deleted text endnew text begin (8)new text end a conservation organization;

deleted text begin (7)deleted text endnew text begin (9)new text end an environmental organization;

deleted text begin (8)deleted text endnew text begin (10)new text end at least two farm organizations;

deleted text begin (9)deleted text endnew text begin (11)new text end the county agricultural inspectors;

deleted text begin (10)deleted text endnew text begin (12)new text end citydeleted text begin, township, and countydeleted text end governments;

new text begin (13) township governments;
new text end

new text begin (14) county governments;
new text end

deleted text begin (11)deleted text endnew text begin (15)new text end the Department of Transportation;

deleted text begin (12)deleted text endnew text begin (16)new text end the University of Minnesota Extension;

deleted text begin (13)deleted text endnew text begin (17)new text end the timber and forestry industry in Minnesota;

deleted text begin (14)deleted text endnew text begin (18)new text end the Board of Water and Soil Resources;

deleted text begin (15)deleted text endnew text begin (19)new text end soil and water conservation districts;

deleted text begin (16)deleted text endnew text begin (20) thenew text end Minnesota Association of County Land Commissioners; and

deleted text begin (17)deleted text endnew text begin (21) othernew text end members as needed.

ARTICLE 3

DEPARTMENT OF AGRICULTURE;
MISCELLANEOUS PROVISIONS

Section 1.

Minnesota Statutes 2018, section 13.6435, subdivision 4a, is amended to read:


Subd. 4a.

Industrial hemp deleted text beginbackground checkdeleted text endnew text begin licensingnew text end data.

deleted text beginCriminal history recordsdeleted text endnew text begin
Certain data
new text end provided to the commissioner by a deleted text beginfirst-timedeleted text endnew text begin licensee ornew text end applicant for a license
to grownew text begin or processnew text end industrial hemp deleted text beginfor commercial purposes aredeleted text endnew text begin isnew text end classified under section
18K.04deleted text begin, subdivision 2deleted text end.

Sec. 2.

Minnesota Statutes 2018, section 17.117, subdivision 4, is amended to read:


Subd. 4.

Definitions.

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

(b) "Agricultural and environmental revolving accounts" means accounts in the
agricultural fund, controlled by the commissioner, which hold funds available to the program.

(c) "Agriculture supply business" means a person, partnership, joint venture, corporation,
limited liability company, association, firm, public service company, or cooperative that
provides materials, equipment, or services to farmers or agriculture-related enterprises.

(d) "Allocation" means the funds awarded to an applicant for implementation of best
management practices through a competitive or noncompetitive application process.

(e) "Applicant" means a local unit of government eligible to participate in this program
that requests an allocation of funds as provided in subdivision 6b.

(f) "Best management practices" has the meaning given in sections 103F.711, subdivision
3
, and 103H.151, subdivision 2. Best management practices also means other practices,
techniques, and measures that have been demonstrated to the satisfaction of the
commissioner: (1) to prevent or reduce adverse environmental impacts by using the most
effective and practicable means of achieving environmental goals; or (2) to achieve drinking
water quality standards under chapter 103H or under Code of Federal Regulations, title 40,
parts 141 and 143, as amended.

(g) "Borrower" means a farmer, an agriculture supply business, or a rural landowner
applying for a low-interest loan.

(h) "Commissioner" means the commissioner of agriculture, including when the
commissioner is acting in the capacity of chair of the Rural Finance Authority, or the designee
of the commissioner.

(i) "Committed project" means an eligible project scheduled to be implemented at a
future datedeleted text begin:
deleted text end

deleted text begin (1)deleted text end that has been approved deleted text beginand certifieddeleted text end by the local government unitdeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (2) for which a local lender has obligated itself to offer a loan.
deleted text end

(j) "Comprehensive water management plan" means a state-approved and locally adopted
plan authorized under section 103B.231, 103B.255, 103B.311, 103C.331, 103D.401, or
103D.405.

(k) "Cost incurred" means expenses for implementation of a project accrued because
the borrower has agreed to purchase equipment or is obligated to pay for services or materials
already provided as a result of implementing an approved eligible project.

(l) "Farmer" means a person, partnership, joint venture, corporation, limited liability
company, association, firm, public service company, or cooperative that regularly participates
in physical labor or operations management of farming and files a Schedule F as part of
filing United States Internal Revenue Service Form 1040 or indicates farming as the primary
business activity under Schedule C, K, or S, or any other applicable report to the United
States Internal Revenue Service.

(m) "Lender agreement" means an agreement entered into between the commissioner
and a local lender which contains terms and conditions of participation in the program.

(n) "Local government unit" means a county, soil and water conservation district, or an
organization formed for the joint exercise of powers under section 471.59 with the authority
to participate in the program.

(o) "Local lender" means a local government unit as defined in paragraph (n)deleted text begin,deleted text endnew text begin; a local
unit of government with taxing or special assessment authority, such as a watershed district,
a drainage authority, or a township;
new text end a state or federally chartered bankdeleted text begin,deleted text endnew text begin;new text end a savings associationdeleted text begin,deleted text endnew text begin;new text end
a state or federal credit uniondeleted text begin,deleted text endnew text begin;new text end Agribank and its affiliated organizationsdeleted text begin,deleted text endnew text begin;new text end or a nonprofit
economic development organization or other financial lending institution approved by the
commissioner.

(p) "Local revolving loan account" means the account held by a local government unit
and a local lender into which principal repayments from borrowers are deposited and new
loans are issued in accordance with the requirements of the program and lender agreements.

(q) "Nonpoint source" has the meaning given in section 103F.711, subdivision 6.

(r) "Program" means the agriculture best management practices loan program in this
section.

(s) "Project" means one or more components or activities located within Minnesota that
are required by the local government unit to be implemented for satisfactory completion of
an eligible best management practice.

(t) "Rural landowner" means the owner of record of Minnesota real estate located in an
area determined by the local government unit to be rural after consideration of local land
use patterns, zoning regulations, jurisdictional boundaries, local community definitions,
historical uses, and other pertinent local factors.

(u) "Water-quality cooperative" has the meaning given in section 115.58, paragraph (d),
except as expressly limited in this section.

Sec. 3.

Minnesota Statutes 2018, section 17.117, subdivision 5, is amended to read:


Subd. 5.

Uses of funds.

new text begin (a) new text endUse of funds under this section must be in compliance with
the rules and regulations of the funding source or appropriation. Use of funds from the
Public Facilities Authority must comply with the federal Water Pollution Control Act,
section 446A.07, and eligible activities listed in the intended use plan authorized in section
446A.07, subdivision 4.

new text begin (b) In the event of a conflict between this section and a law appropriating money for
this program, the law appropriating money for this program governs.
new text end

Sec. 4.

Minnesota Statutes 2018, section 17.117, subdivision 16, is amended to read:


Subd. 16.

Liens against property.

(a) The amount of loans and accruing interest made
by deleted text begincountiesdeleted text endnew text begin a county, home rule charter city, statutory city, or townnew text end acting asnew text begin anew text end local deleted text beginlendersdeleted text endnew text begin
lender
new text end under this section is a lien against the real property for which the improvement was
made and must be assessed against the property or properties benefited unless the amount
is prepaid.new text begin The lien is a special assessment under chapter 419 and repayments may be
collected as a special assessment as provided for in section 429.101 or by charter.
new text end An amount
loaned under the program and its accruing interest assessed against the property is a priority
lien only against subsequent liens.

(b) The countynew text begin, home rule charter city, statutory city, or townnew text end may bill amounts due on
the loan on the tax statement for the property. Enforcement of the lien created by this
subdivision must, at the county'snew text begin, home rule charter city's, statutory city's, or town'snew text end option,
be in the manner set forth in chapter 580 or 581. When the amount due and all interest has
been paid, the countynew text begin, home rule charter city, statutory city, or townnew text end shall file a satisfaction
of the lien created under this subdivision.

(c) A countynew text begin, home rule charter city, statutory city, or townnew text end may also secure amounts
due on a loan under this section by taking a purchase money security interest in equipment
in accordance with chapter 336, article 9, and may enforce the purchase money security
interest in accordance with chapters 336, article 9, and 565.

Sec. 5.

Minnesota Statutes 2018, section 18G.09, is amended to read:


18G.09 SHIPMENT OF PLANT PESTS AND BIOLOGICAL CONTROL AGENTS.

deleted text begin Shipment, introduction into, or release in Minnesota of (1) a plant pest, noxious weed,
or other organism that may directly or indirectly affect Minnesota's plant life as a harmful
or dangerous pest, parasite, or predator of other organisms, or (2) an arthropod, is prohibited,
except under permit issued by the commissioner.
deleted text end

deleted text begin Nodeleted text endnew text begin (a) Anew text end person may new text beginnot new text endsell, offer for sale, move, convey, transport, deliver, ship, or
offer for shipment any plant pest,new text begin noxious weed,new text end or biological control agent without a permit
from the United States Department of Agriculture, Animal and Plant Health Inspection
Service or its state equivalent. A permit may be issued only after the commissioner
determines that the proposed shipment or use will not create a hazard to the agricultural,
forest, or horticultural interests of this state or the state's general environmental quality. For
interstate movement, the permit must be affixed conspicuously to the exterior of each
shipping container, box, package, or appliance; accompany each shipping container, box,
package, or appliance; or comply with other directions of the commissioner. deleted text beginThis section
does not apply to intrastate shipments of federal or state-approved biological control agents
used in this state for control of plant pests.
deleted text end Shipping containers must be escape-proof and
the commissioner shall specify labeling and shipping protocols.

new text begin (b) This section does not apply to:
new text end

new text begin (1) intrastate shipments of federal- or state-approved biological control agents used in
this state for control of plant pests; and
new text end

new text begin (2) interstate shipments of organisms that the United States Department of Agriculture
has specifically identified as not needing a permit for movement.
new text end

Sec. 6.

Minnesota Statutes 2018, section 18K.02, is amended by adding a subdivision to
read:


new text begin Subd. 1a. new text end

new text begin Applicant. new text end

new text begin "Applicant" means an individual who submits an application for
a license as required under this chapter. If the applicant is an entity, applicant means the
owner or most responsible individual in charge of the entity.
new text end

Sec. 7.

Minnesota Statutes 2018, section 18K.02, is amended by adding a subdivision to
read:


new text begin Subd. 1b. new text end

new text begin Authorized representative. new text end

new text begin "Authorized representative" means any individual
authorized by the licensee to make changes to the license and share data on behalf of the
licensee.
new text end

Sec. 8.

Minnesota Statutes 2018, section 18K.02, is amended by adding a subdivision to
read:


new text begin Subd. 2a. new text end

new text begin Entity. new text end

new text begin "Entity" means a corporation, joint stock company, association, limited
partnership, limited liability partnership, limited liability company, irrevocable trust, estate,
charitable organization, or other similar organization, including any such organization
participating in hemp production as a partner in a general partnership, a participant in a joint
venture, or a participant in a similar organization.
new text end

Sec. 9.

Minnesota Statutes 2018, section 18K.02, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin Processing. new text end

new text begin "Processing" means rendering by refinement hemp plants or hemp
plant parts from their natural or original state after harvest. Processing includes but is not
limited to decortication, devitalization, chopping, crushing, extraction, and packaging.
Processing does not include typical farm operations such as sorting, grading, baling, and
harvesting.
new text end

Sec. 10.

Minnesota Statutes 2018, section 18K.02, is amended by adding a subdivision to
read:


new text begin Subd. 6. new text end

new text begin Processing location. new text end

new text begin "Processing location" means any area, building, plant, or
facility registered with and approved by the commissioner in which a licensee converts raw
hemp into a marketable product.
new text end

Sec. 11.

Minnesota Statutes 2018, section 18K.02, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Processor. new text end

new text begin "Processor" means a person or business that converts raw hemp
into a product.
new text end

Sec. 12.

Minnesota Statutes 2018, section 18K.04, subdivision 1, is amended to read:


Subdivision 1.

Requirement; issuance; presumption.

(a) A person must obtain a license
from the commissioner beforenew text begin (1)new text end growing industrial hemp for commercialnew text begin or researchnew text end
purposesnew text begin, and (2) before processing industrial hemp for commercial purposesnew text end.

new text begin (b) To obtain a license under paragraph (a),new text end a person must apply to the commissioner
in the form prescribed by the commissioner and must pay the annual registration and
inspection fee established by the commissioner in accordance with section 16A.1285,
subdivision 2
.

new text begin (c) For a license to grow industrial hemp for commercial or research purposes,new text end the license
application must include the name and address of the applicant and the legal description of
the land area or areas where industrial hemp will be grown by the applicantnew text begin and any other
information required under Code of Federal Regulations, title 7, part 990
new text end.

new text begin (d) For a license to process industrial hemp for commercial purposes, the license
application must include the name and address of the applicant, the legal description of the
processing location, and any other information required by the commissioner.
new text end

new text begin (e) A licensee is responsible for compliance with the license requirements irrespective
of the acts or omissions of an authorized representative acting on behalf of the licensee.
new text end

deleted text begin (b)deleted text endnew text begin (f)new text end When an applicant has paid the fee and completed the application process to the
satisfaction of the commissioner, the commissioner must issue a license which is valid until
December 31 of the year of application.

deleted text begin (c)deleted text endnew text begin (g)new text end A person licensed under deleted text beginthis sectiondeleted text endnew text begin paragraph (a) to grow industrial hempnew text end is
presumed to be growing industrial hemp for commercialnew text begin or researchnew text end purposes.

Sec. 13.

Minnesota Statutes 2018, section 18K.04, subdivision 3, is amended to read:


Subd. 3.

Federal requirements.

The applicant must demonstrate to the satisfaction of
the commissioner that the applicant has complied with all applicable federal requirements
pertaining to the new text beginprocessing, new text endproduction, distribution, and sale of industrial hemp.

Sec. 14.

Minnesota Statutes 2018, section 18K.04, is amended by adding a subdivision to
read:


new text begin Subd. 4. new text end

new text begin Industrial hemp licensing data classification. new text end

new text begin (a) In addition to data classified
pursuant to section 13.41, the following data collected, created, or maintained by the
commissioner under this chapter is classified as private data, as defined in section 13.02,
subdivision 12, or nonpublic data, as defined in section 13.02, subdivision 9:
new text end

new text begin (1) nondesignated addresses provided by licensees and applicants; and
new text end

new text begin (2) data that identify the specific locations where licensees and applicants grow or
process, or will grow or process, industrial hemp, including but not limited to legal
descriptions, street addresses, geospatial locations, maps, and property boundaries and
dimensions.
new text end

new text begin (b) The commissioner may disclose data classified as private data or nonpublic data
under this subdivision if the commissioner determines that there is a substantive threat to
human health or safety or to the environment, or to aid in the law enforcement process.
new text end

Sec. 15.

Minnesota Statutes 2018, section 18K.04, is amended by adding a subdivision to
read:


new text begin Subd. 5. new text end

new text begin Industrial hemp licensing data security and auditing. new text end

new text begin (a) The commissioner
must establish written procedures to ensure that only individuals authorized by law may
access the private data and nonpublic data identified in subdivision 4. An authorized
individual's ability to enter, update, or access data must correspond to the official duties or
training level of the individual and to the statutory authorization granting access for that
purpose. All queries and responses, including the specific purpose for which data is requested
and, if applicable, disclosed; and all actions in which data are entered, updated, accessed,
shared, or disseminated, must be recorded in the data audit trail. Data contained in the audit
trail are public to the extent the data are not otherwise classified by law.
new text end

new text begin (b) The commissioner must immediately and permanently revoke the authorization of
any individual who willfully entered, updated, accessed, shared, or disseminated data in
violation of state or federal law. If an individual willfully gained access to data without
authorization by law, the commissioner must forward the matter to the appropriate
prosecuting authority for prosecution.
new text end

new text begin (c) By January 15 of each odd-numbered year, the commissioner must provide a copy
of the data audit trail required under paragraph (a) to the commissioner of administration;
the chairs and ranking members of the legislative committees and divisions with jurisdiction
over agriculture policy and finance, public safety, and data practices; and the Legislative
Commission on Data Practices and Personal Data Privacy or its successor commission.
new text end

Sec. 16.

Minnesota Statutes 2018, section 18K.06, is amended to read:


18K.06 RULEMAKING.

(a) The commissioner shall adopt rules governing the production, testing, and licensing
of industrial hemp.new text begin Notwithstanding the 18-month limit in section 14.125, the commissioner
has until December 31, 2022 to publish a notice of intent to adopt rules or a notice of hearing.
new text end

(b) Rules adopted under paragraph (a) must include, but not be limited to, provisions
governing:

(1) the supervision and inspection of industrial hemp during its growth and harvest;

(2) the testing of industrial hemp to determine delta-9 tetrahydrocannabinol levels;

(3) the use of background check results required under section 18K.04 to approve or
deny a license application; and

(4) any other provision or procedure necessary to carry out the purposes of this chapter.

(c) Rules issued under this section must be consistent with federal law regarding the
production, distribution, and sale of industrial hemp.

Sec. 17.

Minnesota Statutes 2018, section 25.40, subdivision 1, is amended to read:


Subdivision 1.

Adoption.

new text begin (a) new text endThe commissioner may adopt rules for commercial feeds,
pet foods, and specialty pet foods as are authorized in sections 25.31 to 25.43 and 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 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 organization.

new text begin (b) The Model Pet and Specialty Pet Food Regulation, as adopted by the Association of
American Feed Control Officials, is adopted as the pet food and specialty pet food rules in
this state.
new text end

Sec. 18.

Minnesota Statutes 2018, section 25.40, subdivision 2, is amended to read:


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 license holders, adequate notice and shall afford
all interested persons an opportunity to present their views 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 thenew text begin Model Pet
and Specialty Pet Food Regulation,
new text end official definitions of feed ingredientsnew text begin,new text end and official feed
terms as adopted by the Association of American Feed Control Officials, any amendment
or modification adopted by the association is 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 the amendment or modification
shall not be adopted.

Sec. 19.

Minnesota Statutes 2018, section 28A.03, subdivision 8, is amended to read:


Subd. 8.

Custom processor.

"Custom processor" means a person who deleted text beginslaughters animals
or processes noninspected meat for the owner of the animals, and returns the meat products
derived from the slaughter or processing to the owner. "Custom processor" does not include
a person who slaughters animals or poultry or processes meat for the owner of the animals
or poultry on the farm or premises of the owner of the animals, meat, or poultry. For the
purpose of this clause, "animals" or "meat" do not include poultry or game animals or meat
derived therefrom
deleted text endnew text begin conducts activities as defined in section 31A.02, subdivision 5new text end.

Sec. 20.

Minnesota Statutes 2018, section 29.23, subdivision 3, is amended to read:


Subd. 3.

Egg temperature.

Eggs must be held at a temperature not to exceed 45 degrees
Fahrenheit (7 degrees Celsius) after being received by the egg handler except for cleaning,
sanitizing, grading, and further processing when they must immediately be placed under
refrigeration that is maintained at 45 degrees Fahrenheit (7 degrees Celsius) or below. Eggs
offered for sale by a retail food handler must be held at a temperature not to exceed deleted text begin41deleted text endnew text begin 45new text end
degrees Fahrenheit (7 degrees Celsius). deleted text beginEquipment in use prior to August 1, 1991, is not
subject to this requirement.
deleted text end Shell eggs that have been frozen must not be offered for sale
except as approved by the commissioner.

Sec. 21.

Minnesota Statutes 2018, section 31A.02, subdivision 10, is amended to read:


Subd. 10.

Meat food product; poultry food product.

"Meat food product" or "poultry
food product" means a product usable as human food and made wholly or in part from meat
or poultry or a portion of the carcass of cattle, sheep, swine, poultry,new text begin wild game or fowl,new text end
farmed Cervidae, as defined in section 35.153, subdivision 3, llamas, as defined in section
17.455, subdivision 2, Ratitae, as defined in section 17.453, subdivision 3, or goats. "Meat
food product" or "poultry food product" does not include products which contain meat,
poultry, or other portions of the carcasses of cattle, sheep, swine,new text begin wild game or fowl,new text end farmed
Cervidae, llamas, Ratitae, or goats only in a relatively small proportion or that historically
have not been considered by consumers as products of the meat food industry, and which
are exempted from definition as a meat food product or poultry food product by the
commissioner under the conditions the commissioner prescribes to assure that the meat or
other portions of carcasses contained in the products are not adulterated and that the products
are not represented as meat food products or poultry food products.

"Meat food product," as applied to products of equines, has a meaning comparable to
that for cattle, sheep, swine,new text begin wild game or fowl,new text end farmed Cervidae, llamas, Ratitae, and goats.

Sec. 22.

Minnesota Statutes 2018, section 31A.10, is amended to read:


31A.10 PROHIBITIONS.

No person may, with respect to an animal, carcass, part of a carcass, poultry, poultry
food product, meat, or meat food product:

(1) slaughter an animal or prepare an article that is usable as human food, at any
establishment preparing articles solely for intrastate commerce, except in compliance with
this chapter;

(2) sell, transport, offer for sale or transportation, or receive for transportation, in intrastate
commerce (i) articles which are usable as human food and are adulterated or misbranded
at the time of sale, transportation, offer for sale or transportation, or receipt for transportation;
or (ii) articles required to be inspected under sections 31A.01 to 31A.16 that have not been
inspected and passed;

(3) do something to an article that is usable as human food while the article is being
transported in intrastate commerce or held for sale after transportation, which is intended
to cause or has the effect of causing the article to be adulterated or misbranded; or

(4) sell, offer for sale, or possess with intent to sell meat derived from custom processingnew text begin,
except wild game and fowl products may be donated under sections 17.035; 97A.505,
subdivision 5; 97A.510; and 97B.303
new text end.

Sec. 23.

Minnesota Statutes 2018, section 31A.15, subdivision 1, is amended to read:


Subdivision 1.

Inspection.

The provisions of sections 31A.01 to 31A.16 requiring
inspection of the slaughter of animals and the preparation of the carcasses, parts of carcasses,
meat, poultry, poultry food products, and meat food products at establishments conducting
slaughter and preparation do not apply:

(1) to the processing by a person of the person's own animals and the owner's preparation
and transportation in intrastate commerce of the carcasses, parts of carcasses, meat, poultry,
poultry food products, and meat food products of those animals exclusively for use by the
owner and members of the owner's household, nonpaying guests, and employees; or

(2) to the custom processing by a person of deleted text begincattle, sheep, swine, poultry, or goatsdeleted text endnew text begin animals,
wild game, or fowl
new text end delivered by the owner for processing, and the preparation or
transportation in intrastate commerce of the carcasses, parts of carcasses, meat, poultry,
poultry food products, and meat food products of animals, exclusively for use in the
household of the owner by the owner and members of the owner's household, nonpaying
guests, and employees. Meat from custom processing deleted text beginof cattle, sheep, swine, poultry, or
goats
deleted text end must be identified and handled as required by the commissioner, during all phases of
processing, chilling, cooling, freezing, preparation, storage, and transportation. The custom
processor may not engage in the business of buying or selling carcasses, parts of carcasses,
meat, poultry, poultry food products, or meat food products of animals usable as human
food unless the carcasses, parts of carcasses, meat, poultry, poultry food products, or meat
food products have been inspected and passed and are identified as inspected and passed
by the Minnesota Department of Agriculture or the United States Department of Agriculture.

Sec. 24.

Minnesota Statutes 2018, section 41B.056, subdivision 4, is amended to read:


Subd. 4.

Loans.

(a) The authority may disburse loans through an intermediary to farmers
who are eligible under subdivision 3. The total accumulative loan principal must not exceed
deleted text begin $10,000deleted text endnew text begin $20,000new text end per loan.

(b) Refinancing an existing debt is not an eligible purpose.

(c) The loan may be disbursed over a period not to exceed six years.

(d) A borrower may receive loans, depending on the availability of funds, up to 70
percent of the estimated value of the crop or livestock.

(e) Security for the loan must be a personal note executed by the borrower and any other
security required by the intermediary or the authority.

(f) The authority may prescribe forms and establish an application process for applicants
to apply for a loan.

(g) The interest payable on loans for the pilot agricultural microloan program must be
at a rate determined by the authority.

(h) Loans under this program will be made using money in the revolving loan account
established under section 41B.06.

(i) Repayments of financial assistance under this section, including principal and interest,
must be deposited into the revolving loan account established under section 41B.06.

Sec. 25.

Minnesota Statutes 2018, section 41D.01, is amended to read:


41D.01 MINNESOTA deleted text beginAGRICULTUREdeleted text endnew text begin AGRICULTURALnew text end EDUCATION
LEADERSHIP COUNCIL.

Subdivision 1.

Establishment; membership.

(a) The Minnesota deleted text beginAgriculturedeleted text endnew text begin Agriculturalnew text end
Education Leadership Council is established. The council is composed of deleted text begin17deleted text endnew text begin 16new text end members
as follows:

(1) deleted text beginthe chair of the University of Minnesota agricultural education programdeleted text endnew text begin a
representative of an agricultural education program at a higher education institution that
prepares agriculture teachers for licensure
new text end;

(2) a representative of the commissioner of education;

(3) a representative of the Minnesota State Colleges and Universities recommended by
the chancellor;

(4) the president and the president-elect of the Minnesota Association of deleted text beginAgriculturedeleted text endnew text begin
Agricultural
new text end Educators;

(5) a representative of the deleted text beginFuture Farmers of Americadeleted text endnew text begin Minnesota FFAnew text end Foundation;

(6) a representative of the commissioner of agriculture;

(7) the dean of the College of deleted text beginAgriculture,deleted text end Food, new text beginAgricultural new text endand deleted text beginEnvironmentaldeleted text endnew text begin Natural
Resource
new text end Sciences at the University of Minnesota;

deleted text begin (8) a representative of the Minnesota Private Colleges Council;
deleted text end

deleted text begin (9)deleted text endnew text begin (8)new text end two members representing deleted text beginagriculturedeleted text endnew text begin agriculturalnew text end education and agriculture
business appointed by the governor;

deleted text begin (10)deleted text endnew text begin (9)new text end the chair new text beginand ranking minority member new text endof deleted text beginthedeleted text endnew text begin anew text end senate deleted text beginCommittee on Agriculture,
General Legislation and Veterans Affairs
deleted text endnew text begin committee with jurisdiction over agriculturenew text end;

deleted text begin (11)deleted text endnew text begin (10)new text end the chair new text beginand ranking minority member new text endof deleted text beginthedeleted text endnew text begin anew text end house of representatives
deleted text begin Committee on Agriculturedeleted text endnew text begin committee with jurisdiction over agriculturenew text end;

deleted text begin (12) the ranking minority member of the senate Committee on Agriculture, General
Legislation and Veterans Affairs, and
deleted text end new text begin(11) new text enda member of deleted text beginthedeleted text endnew text begin anew text end senate deleted text beginEducation Committeedeleted text endnew text begin
committee with jurisdiction over education
new text end designated by the Subcommittee on Committees
of the Committee on Rules and Administration; and

deleted text begin (13) the ranking minority member of the house of representatives Agriculture Committee,
and
deleted text end new text begin(12) new text enda member of deleted text beginthedeleted text endnew text begin anew text end house of representatives deleted text beginEducation Committeedeleted text end new text begincommittee with
jurisdiction over education
new text enddesignated by the speaker.

(b) An ex officio member of the council under paragraph (a), clause deleted text begin(1),deleted text end (4), (7), deleted text begin(10)deleted text endnew text begin
(9)
new text end, deleted text begin(11)deleted text endnew text begin (10)new text end, deleted text begin(12)deleted text endnew text begin (11)new text end, or deleted text begin(13)deleted text endnew text begin (12)new text end, may designate a permanent or temporary replacement
member representing the same constituency.

Subd. 2.

Powers and duties.

Specific powers and duties of the council are to:

(1) develop recommendations to the legislature and the governor and provide review
for deleted text beginagriculturedeleted text endnew text begin agriculturalnew text end education programs in Minnesota;

(2) establish a grant program to foster and encourage the development of secondary and
postsecondary deleted text beginagriculturedeleted text endnew text begin agriculturalnew text end education programs;

(3) coordinate and articulate Minnesota's deleted text beginagriculturedeleted text endnew text begin agriculturalnew text end education policy across
all programs and institutions;

(4) identify the critical needs for deleted text beginagriculturedeleted text endnew text begin agriculturalnew text end educators;

(5) serve as a link between the agribusiness sector and the deleted text beginagriculturedeleted text endnew text begin agriculturalnew text end
education system to communicate mutual concerns, needs, and projections;

(6) establish and maintain an increased awareness of deleted text beginagriculturedeleted text endnew text begin agriculturalnew text end education
and its continued need to all citizens of Minnesota;

(7) operate the Minnesota Center for deleted text beginAgriculturedeleted text endnew text begin Agriculturalnew text end Education created in
section 41D.03;

(8) gain broad public support for deleted text beginagriculturedeleted text endnew text begin agriculturalnew text end education in Minnesota; and

(9) report annually on its activities to the deleted text beginsenate Agriculture and Rural Development
Committee and the house of representatives Agriculture Committee
deleted text endnew text begin legislative committees
with jurisdiction over agriculture policy
new text end.

Subd. 3.

Council officers; terms and compensation of appointees; staff.

(a) The deleted text beginchairdeleted text endnew text begin
chairs
new text end of the deleted text beginsenate Agriculture, General Legislation and Veterans Affairs Committee and
the chair of the house of representatives Agriculture Committee
deleted text endnew text begin legislative committees with
jurisdiction over agriculture policy
new text end, or their designees, are the cochairs of the council.

(b) The council's membership terms, compensation, filling of vacancies, and removal
of members are as provided in section 15.0575.

(c) The council may employ an executive director and any other staff to carry out its
functions.

Sec. 26.

Minnesota Statutes 2018, section 41D.02, is amended to read:


41D.02 deleted text beginAGRICULTUREdeleted text endnew text begin AGRICULTURALnew text end EDUCATION GRANT PROGRAM.

Subdivision 1.

Establishment.

The Minnesota deleted text beginAgriculturedeleted text endnew text begin Agriculturalnew text end Education
Leadership Council shall establish a program to provide grants under subdivisions 2 and 3
to educational institutions and other appropriate entities for secondary and postsecondary
deleted text begin agriculturedeleted text endnew text begin agriculturalnew text end education programs.

Subd. 2.

Elementary and secondary agricultural education.

The council may provide
grants for:

(1) planning and establishment costs for elementary and secondary deleted text beginagriculturedeleted text endnew text begin agriculturalnew text end
education programs;

(2) new instructional and communication technologies; and

(3) curriculum updates.

Subd. 3.

Postsecondary education.

The council may provide grants for:

(1) new instructional and communication technologies; and

(2) special project funding, including programming, in-service training, and support
staff.

Sec. 27.

Minnesota Statutes 2018, section 41D.03, is amended to read:


41D.03 MINNESOTA CENTER FOR deleted text beginAGRICULTUREdeleted text endnew text begin AGRICULTURALnew text end
EDUCATION.

Subdivision 1.

Governance.

The Minnesota Center for deleted text beginAgriculturedeleted text endnew text begin Agriculturalnew text end Education
is governed by the Minnesota deleted text beginAgriculturedeleted text endnew text begin Agriculturalnew text end Education Leadership Council.

Subd. 2.

Powers and duties of council.

(a) The council has the powers necessary for
the care, management, and control of the Minnesota Center for deleted text beginAgriculturedeleted text endnew text begin Agriculturalnew text end
Education and all its real and personal property. The powers shall include, but are not limited
to, those listed in this subdivision.

(b) The council may employ necessary employees, and contract for other services to
ensure the efficient operation of the Center for deleted text beginAgriculturedeleted text endnew text begin Agriculturalnew text end Education.

(c) The council may receive and award grants. The council may establish a charitable
foundation and accept, in trust or otherwise, any gift, grant, bequest, or devise for educational
purposes and hold, manage, invest, and dispose of them and the proceeds and income of
them according to the terms and conditions of the gift, grant, bequest, or devise and its
acceptance. The council shall adopt internal procedures to administer and monitor aids and
grants.

(d) The council may establish or coordinate evening, continuing education, and summer
programs for teachers and pupils.

(e) The council may determine the location for the Minnesota Center for deleted text beginAgriculturedeleted text endnew text begin
Agricultural
new text end Education and any additional facilities related to the center, including the
authority to lease a temporary facility.

(f) The council may enter into contracts with other public and private agencies and
institutions for building maintenance services if it determines that these services could be
provided more efficiently and less expensively by a contractor than by the council itself.
The council may also enter into contracts with public or private agencies and institutions,
school districts or combinations of school districts, or educational cooperative service units
to provide supplemental educational instruction and services.

Subd. 3.

Center account.

There is established in the state treasury a center for deleted text beginagriculturedeleted text endnew text begin
agricultural
new text end education account in the special revenue fund. All money collected by the
council, including rental income, shall be deposited in the account. Money in the account,
including interest earned, is appropriated to the council for the operation of its services and
programs.

Subd. 4.

Employees.

The employees hired under this subdivision and any other necessary
employees hired by the council shall be employees of the University of Minnesota.

Subd. 5.

Policies.

The council may adopt administrative policies about the operation of
the center.

Subd. 6.

Public postsecondary institutions; providing space.

Public postsecondary
institutions shall provide space for the Minnesota Center for deleted text beginAgriculturedeleted text endnew text begin Agriculturalnew text end
Education at a reasonable cost to the center to the extent that space is available at the public
postsecondary institutions.

Subd. 7.

Purchasing instructional items.

Technical educational equipment may be
procured for programs of the Minnesota Center for deleted text beginAgriculturedeleted text endnew text begin Agriculturalnew text end Education by
the council either by brand designation or in accordance with standards and specifications
the council may adopt, notwithstanding chapter 16C.

Sec. 28.

Minnesota Statutes 2018, section 41D.04, is amended to read:


41D.04 RESOURCE, MAGNET, AND OUTREACH PROGRAMS.

Subdivision 1.

Resource and outreach.

The center shall offer resource and outreach
programs and services statewide aimed at the enhancement of deleted text beginagriculturedeleted text endnew text begin agriculturalnew text end
education opportunities for pupils in elementary and secondary school.

Subd. 2.

Center responsibilities.

The center shall:

(1) provide information and technical services to agriculture teachers, professional
agriculture organizations, school districts, and the Department of Education;

(2) gather and conduct research in deleted text beginagriculturedeleted text endnew text begin agriculturalnew text end education;

(3) design and promote deleted text beginagriculturedeleted text endnew text begin agriculturalnew text end education opportunities for all Minnesota
pupils in elementary and secondary schools; and

(4) serve as liaison for the Department of Education to national organizations for
deleted text begin agriculturedeleted text endnew text begin agriculturalnew text end education.

Sec. 29.

Minnesota Statutes 2019 Supplement, section 223.16, subdivision 4, is amended
to read:


Subd. 4.

Grain.

"Grain" means deleted text beginany 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 other agricultural crops designated by the commissioner by rule
deleted text endnew text begin all
products 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. 30.

Minnesota Statutes 2019 Supplement, section 223.177, subdivision 2, is amended
to read:


Subd. 2.

Oral contracts.

Any grain buyer entering into a voluntary extension of credit
contract orally or by phone shall give or mail to the seller a written confirmation conforming
to the requirements of section 223.175 within deleted text begintendeleted text endnew text begin 30new text end days of entering the voluntary extension
of credit contract. Written confirmation of oral contracts must meet the requirements of
subdivision 3.

Sec. 31.

Minnesota Statutes 2019 Supplement, section 223.177, subdivision 3, is amended
to read:


Subd. 3.

Contracts reduced to writing.

A voluntary extension of credit contract must
be reduced to writing by the grain buyer, mailed or given to the seller, and signed by both
buyer and seller within deleted text begintendeleted text endnew text begin 30new text end days of the date of delivery of the grain. The form of the
contract shall comply with the requirements of section 223.175. A grain buyer may use an
electronic version of a voluntary extension of credit contract that contains the same
information as a written document and that conforms to the requirements of this chapter to
which a seller has applied an electronic signature in place of a written document. There
must not at any time be an electronic and paper voluntary extension of credit contract
representing the same lot of grain.

Sec. 32.

new text begin [343.215] VETERINARIAN IMMUNITY.
new text end

new text begin A licensed veterinarian acting in good faith and in the normal course of business is
immune from civil and criminal liability in any action arising in connection with the report
of a suspected incident of animal cruelty.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2020, and applies to actions
committed on or after that date.
new text end

Sec. 33.

Laws 2019, First Special Session chapter 1, article 1, section 2, subdivision 4, is
amended to read:


Subd. 4.

Agriculture, Bioenergy, and Bioproduct
Advancement

23,653,000
23,654,000

(a) $9,300,000 the first year and $9,300,000
the second year are for transfer to the
agriculture research, education, extension, and
technology transfer account under Minnesota
Statutes, section 41A.14, subdivision 3. Of
these amounts: at least $600,000 the first year
and $600,000 the second year are for the
Minnesota Agricultural Experiment Station's
agriculture rapid response fund under
Minnesota Statutes, section 41A.14,
subdivision 1
, clause (2); $2,000,000 the first
year and $2,000,000 the second year are for
grants to the Minnesota Agriculture Education
Leadership Council to enhance agricultural
education with priority given to Farm Business
Management challenge grants; $350,000 the
first year and $350,000 the second year are
for potato breeding; and $450,000 the first
year and $450,000 the second year are for the
cultivated wild rice breeding project at the
North Central Research and Outreach Center
to include a tenure track/research associate
plant breeder. The commissioner shall transfer
the remaining funds in this appropriation each
year to the Board of Regents of the University
of Minnesota for purposes of Minnesota
Statutes, section 41A.14. Of the amount
transferred to the Board of Regents, up to
$1,000,000 each year is for research on avian
influenza.

To the extent practicable, money expended
under Minnesota Statutes, section 41A.14,
subdivision 1
, clauses (1) and (2), must
supplement and not supplant existing sources
and levels of funding. The commissioner may
use up to one percent of this appropriation for
costs incurred to administer the program.

(b) $14,353,000 the first year and $14,354,000
the second year are for the agricultural growth,
research, and innovation program in
Minnesota Statutes, section 41A.12. Except
as provided below, the commissioner may
allocate the appropriation each year among
the following areas: facilitating the start-up,
modernization, improvement, or expansion of
livestock operations including beginning and
transitioning livestock operations with
preference given to robotic dairy-milking
equipment; providing funding not to exceed
$400,000 each year to develop and enhance
farm-to-school markets for Minnesota farmers
by providing more fruits, vegetables, meat,
grain, and dairy for Minnesota children in
school and child care settings including, at the
commissioner's discretion, reimbursing
schools for purchases from local farmers;
assisting value-added agricultural businesses
to begin or expand, to access new markets, or
to diversify, including aquaponics systems;
providing funding not to exceed $300,000
each year for urban youth agricultural
education or urban agriculture community
development; providing funding not to exceed
$300,000 each year for the good food access
program under Minnesota Statutes, section
17.1017; facilitating the start-up,
modernization, or expansion of other
beginning and transitioning farms including
by providing loans under Minnesota Statutes,
section 41B.056; sustainable agriculture
on-farm research and demonstration;
development or expansion of food hubs and
other alternative community-based food
distribution systems; enhancing renewable
energy infrastructure and use; crop research
including basic and applied turf seed research;
Farm Business Management tuition assistance;
and good agricultural practices/good handling
practices certification assistance. The
commissioner may use up to 6.5 percent of
this appropriation for costs incurred to
administer the program.

Of the amount appropriated for the agricultural
growth, research, and innovation program in
Minnesota Statutes, section 41A.12:

(1) $1,000,000 the first year and $1,000,000
the second year are for distribution in equal
amounts to each of the state's county fairs to
preserve and promote Minnesota agriculture;

(2) $2,500,000 the first year and $2,500,000
the second year are for incentive payments
under Minnesota Statutes, sections 41A.16,
41A.17, and 41A.18. Notwithstanding
Minnesota Statutes, section 16A.28, the first
year appropriation is available until June 30,
2021, and the second year appropriation is
available until June 30, 2022. If this
appropriation exceeds the total amount for
which all producers are eligible in a fiscal
year, the balance of the appropriation is
available for the agricultural growth, research,
and innovation program. The base amount for
the allocation under this clause is $3,000,000
in fiscal year 2022 and later;

(3) up to $5,000,000 the first year is for Dairy
Assistance, Investment, Relief Initiative
(DAIRI) grants to Minnesota dairy farmers
who enroll for five years of coverage under
the federal dairy margin coverage program
and produced no more than 16,000,000 pounds
of milk in 2018. The commissioner must
award DAIRI grants based on participating
producers' amount of 2018 milk, up to
5,000,000 pounds per participating producer,
at a rate determined by the commissioner
within the limits of available funding;

(4) up to $5,000,000 the second year is for new text beginan
new text end innovative soybean processing and researchnew text begin
facility at the Ag Innovation Campus
new text end;

(5) $75,000 the first year is for a grant to
Greater Mankato Growth, Inc. for assistance
to agricultural-related businesses to promote
jobs, innovation, and synergy development;
and

(6) $75,000 the first year and $75,000 the
second year are for grants to the Minnesota
Turf Seed Council for basic and applied
research.

The amounts in clauses (3) to (6) are onetime.

Notwithstanding Minnesota Statutes, section
16A.28, any unencumbered balance does not
cancel at the end of the first year and is
available for the second year and
appropriations encumbered under contract on
or before June 30, 2021, for agricultural
growth, research, and innovation grants are
available until June 30, 2024.

The base amount for the agricultural growth,
research, and innovation program is
$14,693,000 in fiscal year 2022 and
$14,693,000 in fiscal year 2023, and includes
funding for incentive payments under
Minnesota Statutes, sections 41A.16, 41A.17,
41A.18, and 41A.20.

The commissioner must consult with the
commissioner of transportation, the
commissioner of administration, and local
units of government to identify at least ten
parcels of publicly owned land that are suitable
for urban agriculture.

Sec. 34. new text beginBIOFUELS REPORT.
new text end

new text begin The commissioner of agriculture must prepare a report outlining Minnesota's ability to
meet the petroleum replacement goal in Minnesota Statutes, section 239.7911, and utilize
biofuels to achieve the greenhouse gas reductions under Minnesota Statutes, chapter 216H.
No later than January 15, 2021, the commissioner of agriculture must submit the report to
the chairs and ranking members of the legislative committees and divisions with jurisdiction
over agriculture policy and finance. The report must:
new text end

new text begin (1) recommend specific policies that would utilize biofuels to accelerate achievement
of the petroleum replacement goal and the greenhouse gas reduction goals;
new text end

new text begin (2) identify the biofuels infrastructure required to achieve the petroleum replacement
goal; and
new text end

new text begin (3) recommend cost-effective incentives necessary to expedite the use of greater biofuel
blends in this state, including but not limited to incentives for retailers to install equipment
necessary to dispense renewable liquid fuels to the public.
new text end

Sec. 35. new text beginFARM SAFETY RECOMMENDATIONS.
new text end

new text begin The commissioner of agriculture, in consultation with the Farm Safety Advisory
Committee, must develop recommendations regarding how best to provide financial and
technical workplace safety assistance to Minnesota farmers. No later than January 15, 2021,
the commissioner of agriculture must report to the legislative committees and divisions with
jurisdiction over agriculture.
new text end

APPENDIX

Repealed Minnesota Statutes: S4223-1

21.81 DEFINITIONS.

Subd. 12.

Initial labeler.

"Initial labeler" means a person who is the first to label for sale within this state an agricultural, vegetable, flower, tree, or shrub seed.