Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 300--S.F.No. 346
           An act relating to agriculture; granting the 
          commissioner powers relating to agricultural 
          promotion; changing certain procedures related to 
          fees; redefining certain terms; changing the coverage 
          of the consolidated food licensing law; exempting 
          certain vending machines from inspection fees; 
          permitting the sale of certain eggs for human 
          consumption; updating certain provisions; specifying 
          certain plumbing and sewage disposal requirements; 
          changing the coverage of certain animal processing 
          laws; prohibiting sale or possession of certain meat; 
          changing certain fees; changing the dates of reports 
          from and payments to certain agricultural societies; 
          eliminating certain duties of the commissioner of 
          agriculture and county agricultural agents; 
          eliminating the prohibition on manufacture or use of 
          certain preservative compounds; eliminating provisions 
          relating to the dairy industry; adjusting fees for 
          inspection of warehouses; directing the commissioner 
          of agriculture to adopt a mandatory collective 
          ratemaking procedure for warehousemen; amending 
          Minnesota Statutes 1982, sections 17B.15, subdivision 
          1; 28A.03; 28A.09, subdivision 1; 29.235; 31.01, 
          subdivision 20; 31.10; 31.101, subdivisions 3, 4, 5, 
          6, 7, and 8; 31.51, subdivision 2; 31.56, subdivision 
          1; 31A.02, subdivision 5; 31A.10; 31A.15; 32.394, 
          subdivision 8; 34.05, subdivision 1; 38.02, 
          subdivisions 1 and 3; 231.11; 231.12; 231.16; 232.22, 
          subdivision 3; proposing new law coded in Minnesota 
          Statutes, chapters 17 and 31; repealing Minnesota 
          Statutes 1982, sections 17.031; 17.032; 17B.15, 
          subdivision 2; 31.401 to 31.406; 32.472; and 32.473. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [17.1015] [PROMOTIONAL EXPENDITURES.] 
    In order to accomplish the purposes of section 17.101, the 
commissioner may participate jointly with private persons in 
appropriate programs and projects and may enter into contracts 
to carry out those programs and projects.  The contracts may not 
include the acquisition of land or buildings and are not subject 
to the provisions of chapter 16 relating to competitive bidding. 
    The commissioner may spend money appropriated for the 
purposes of section 17.101, and expenditures made pursuant to 
section 17.101 for food, lodging, or travel are not governed by 
the travel rules of the commissioner of employee relations.  
    Sec. 2.  Minnesota Statutes 1982, section 17B.15, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ADMINISTRATION; APPROPRIATION.] The fees 
for inspection and weighing shall be fixed by the commissioner 
and be a lien upon the grain.  The commissioner shall set fees 
for all inspection and weighing in an amount adequate to pay the 
expenses of carrying out and enforcing the purposes of sections 
17B.01 to 17B.23, including the portion of general support costs 
and statewide indirect costs of the agency attributable to that 
function, with a reserve sufficient for up to six months, and 
including repayment by the department of any amount appropriated 
from the general fund to establish the grain inspection and 
weighing account.  The fees may be adjusted and set so as to 
establish a six month or less reserve.  The commissioner shall 
review the fee schedule twice each year.  Fee adjustments are 
not subject to chapter 14.  Payment shall be required for 
services rendered.  If the grain is in transit, the fees shall 
be paid by the carrier and treated as advance charges, and, if 
received for storage, the fees shall be paid by the 
warehouseman, and added to the storage charges. 
    All fees collected and all fines and penalties for 
violation of any provision of this chapter shall be deposited in 
the grain inspection and weighing account, which is created in 
the state treasury for carrying out the purpose of sections 
17B.01 to 17B.23.  The money in the account is annually 
appropriated to the commissioner of agriculture to administer 
the provisions of sections 17B.01 to 17B.23. 
    Sec. 3.  Minnesota Statutes 1982, section 28A.03, is 
amended to read:  
    28A.03 [DEFINITIONS.] 
    As used in sections 28A.01 to 28A.16 the terms defined in 
this section shall have the following meanings: 
    (a) "Commissioner" means the commissioner of agriculture of 
the state of Minnesota. 
    (b) "Person" means any individual, firm, corporation, 
company, association, cooperative or partnership and includes 
any trustee, receiver, assignee or other similar representative 
thereof. 
    (c) "Place of business" means every location where food or 
food items are manufactured, processed, sold, stored or handled, 
including buildings, locations, permanent or portable 
structures, carnivals, circuses, fairs, or any other permanent 
or temporary location. 
    Any vehicle or similar mobile unit from which food is sold 
shall be considered a place of business for purposes of this 
section if the food therefrom has been manufactured, packaged or 
dispensed from bulk, or processed in any manner thereon. 
    (d) "Food" includes every article used for, entering into 
the consumption of, or used or intended for use in the 
preparation of food, drink, confectionery, or condiment for man, 
whether simple, mixed or compound. 
    (1) "Perishable food" is food which includes, but is not 
limited to fresh fruits, fresh vegetables, and other products 
which need protection from extremes of temperatures in order to 
avoid decomposition by microbial growth or otherwise. 
    (2) "Readily perishable food" is food or a food ingredient 
consisting in whole or in part of milk, milk products, eggs, 
meat, fish, poultry or other food or food ingredient which is 
capable of supporting rapid and progressive growth of infectious 
or toxigenic micro-organisms. 
    (3) "Frozen food" is food which is processed and preserved 
by freezing in accordance with good commercial practices and 
which is intended to be sold in the frozen state. 
    (4) For the purposes of this definition, packaged food in 
hermetically sealed containers processed by heat to prevent 
spoilage; packaged pickles; jellies, jams and condiments in 
sealed containers; bakery products such as bread, rolls, buns, 
donuts, fruit-filled pies and pastries; dehydrated packaged 
food; and dry or packaged food so low in moisture content as to 
preclude development of micro-organisms are not "perishable 
food," "readily perishable food," or "frozen food" within the 
meaning of definitions (1), (2) and (3) herein when they are 
stored and handled in accordance with good commercial practices. 
    (e) "Sell and sale" includes the keeping, offering, or 
exposing for sale, use, transporting, transferring, negotiating, 
soliciting, or exchange of food, the having in possession with 
intent to sell, use, transport, negotiate, solicit, or exchange 
the same and the storing, or carrying thereof in aid of traffic 
therein whether done or permitted in person or through others. 
    (f) "Principal mode of business" means that type of 
business described under either (a), (b), (c) or (d) in section 
28A.05 within which category the greatest amount of the 
applicant's food business lies. 
    (g) A "Custom processor" is means a person who for a 
fee slaughters animals or processes noninspected meat for the 
owner of such the animals, and returns the meat products derived 
from such the slaughter or processing to the owner.  "Custom 
processor" shall does not include a person who slaughters 
animals or poultry and/or processes meat for the owner of the 
animals or poultry on the farm or premises of the owner of such 
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. 
    Sec. 4.  Minnesota Statutes 1982, section 28A.09, 
subdivision 1, is amended to read: 
    Subdivision 1.  Every coin operated food vending machine 
shall be subject to an annual state inspection fee of $2 for 
each nonexempt machine, provided that: 
    (a) Food vending machines may be inspected by either a home 
rule charter or statutory city, or a county, but not both, and 
if inspected by a home rule charter or statutory city, or a 
county they shall not be subject to the state inspection fee, 
but the home rule charter or statutory city, or the county may 
impose a reasonable inspection or license fee.  A home rule 
charter or statutory city or county that does not inspect food 
vending machines shall not impose a food vending machine 
inspection or license fee. 
    (b) Vending machines dispensing only gum balls, hard candy, 
unsorted confections, bottled or canned soft drinks or ice 
manufactured and packaged by another shall be exempt from the 
state inspection fee, but may be inspected by the state, or by a 
home rule charter city or statutory city or a county which may 
impose a reasonable inspection or license fee. 
    Sec. 5.  Minnesota Statutes 1982, section 29.235, is 
amended to read: 
    29.235 [SALE OF SHELL EGGS.] 
    Checks, and dirties and grade C eggs as defined by the 
commissioner, shall not be sold for human consumption as shell 
eggs, but may be sold as such to be processed for human 
consumption by a processor licensed by the commissioner to break 
eggs for resale, except that a producer may sell such shell eggs 
of his own production on his premises directly to a household 
consumer for the consumer's own personal use.  
    Sec. 6.  Minnesota Statutes 1982, section 31.01, 
subdivision 20, is amended to read: 
    Subd. 20.  [CONSUMER COMMODITY.] "Consumer commodity," 
except as otherwise specifically provided by this subdivision, 
means any food as defined in subdivision 3 or by the federal 
act.  Such term does not include: 
    (a) Any tobacco or tobacco product.  
    (b) Any commodity subject to packaging or labeling 
requirements imposed under chapter 24, or sections 35.40 to 
35.60.  
    (c) Any drug subject to the provisions of sections 151.34 
to 151.40.  
    (d) Any beverage subject to the provisions of chapter 340.  
    (e) Any commodity subject to the provisions of chapter 21.  
    Sec. 7.  Minnesota Statutes 1982, section 31.10, is amended 
to read: 
    31.10 [STANDARDS, DEFINITIONS; PROMULGATION.] 
    For the purpose of preventing fraud and deception in the 
manufacture, use, sale, and transportation of food, or for the 
purpose of protecting and preserving the public health, it shall 
be the duty of the commissioner to fix, adopt, and publish, from 
time to time, by rulings or regulations, in writing, definitions 
and standards of quality, purity, identity, composition, 
analysis, content and strength of articles of food, for which no 
definitions and standards are prescribed by law, and such 
definitions and standards so fixed, adopted, and published by 
the commissioner shall be the lawful definitions and standards 
thereof before all courts; provided that when definitions and 
standards have been or may be fixed by the secretary of the 
department of agriculture, or the secretary of the department of 
health, education and welfare and human services of the United 
States, except in cases where definitions or standards otherwise 
are prescribed by law, they may be accepted by the commissioner 
and if accepted, published as definitions or standards for 
Minnesota.  All definitions and standards promulgated and 
adopted by the commissioner shall be done in the manner provided 
by law.  Until such definitions and standards are promulgated 
and adopted in the manner stated, the definitions and standards 
heretofore prescribed by law or promulgated and adopted by the 
commissioner shall remain in full force and effect, except as 
otherwise prescribed by law.  Any person who shall manufacture, 
use, sell, transport, package, offer for sale or transportation, 
or have in possession with the intent to sell, package, 
repackage, offer for sale or transportation, or use, or 
transport, any article of food, which does not conform to such 
definitions or standards so fixed, adopted, and published, shall 
be guilty of a misdemeanor.  
    Sec. 8.  Minnesota Statutes 1982, section 31.101, 
subdivision 3, is amended to read:  
    Subd. 3.  Federal pesticide chemical regulations and 
amendments thereto in effect on April 1, 1975 1982 adopted under 
authority of the federal act Federal Insecticide, Fungicide and 
Rodenticide Act, as provided by United States Code, title 7, 
chapter 6, are the pesticide chemical regulations in this 
state.  Such regulations may be amended by the commissioner 
proceeding in accordance with the Administrative Procedure Act.  
    Sec. 9.  Minnesota Statutes 1982, section 31.101, 
subdivision 4, is amended to read: 
    Subd. 4.  Federal food additive regulations and amendments 
thereto in effect on April 1, 1975 1982 adopted under authority 
of the federal act, as provided by Code of Federal Regulations, 
title 21, parts 170 to 199, are the food additive regulations in 
this state.  Such regulations may be amended by the commissioner 
proceeding in accordance with the Administrative Procedure Act.  
    Sec. 10.  Minnesota Statutes 1982, section 31.101, 
subdivision 5, is amended to read: 
    Subd. 5.  Federal color additive regulations and amendments 
thereto in effect on April 1, 1975 1982 adopted under authority 
of the federal act, as provided by Code of Federal Regulations, 
title 21, parts 70 to 82, are the color additive regulations in 
this state.  Such regulations may be amended by the commissioner 
proceeding in accordance with the Administrative Procedure Act.  
    Sec. 11.  Minnesota Statutes 1982, section 31.101, 
subdivision 6, is amended to read: 
    Subd. 6.  Federal special dietary use regulations and 
amendments thereto in effect on April 1, 1975 1982 adopted under 
authority of the federal act, as provided by Code of Federal 
Regulations, title 21, parts 104 and 105, are the special 
dietary use regulations in this state.  Such regulations may be 
amended by the commissioner proceeding in accordance with the 
Administrative Procedure Act.  
    Sec. 12.  Minnesota Statutes 1982, section 31.101, 
subdivision 7, is amended to read: 
    Subd. 7.  Federal regulations and amendments thereto in 
effect on April 1, 1975 1982 adopted under the fair packaging 
and labeling act, as provided by United States Code, title 15, 
U.S.C. sections 1451 to 1461, are the regulations in this 
state.  Such regulations may be amended by the commissioner 
proceeding in accordance with the Administrative Procedure Act; 
provided that the commissioner shall not adopt amendments to 
such regulations or adopt other regulations which are contrary 
to the labeling requirements for the net quantity of contents 
required pursuant to section 4 of the Fair Packaging and 
Labeling Act and the regulations promulgated thereunder.  
    Sec. 13.  Minnesota Statutes 1982, section 31.101, 
subdivision 8, is amended to read: 
    Subd. 8.  Applicable federal regulations including 
recodification contained in Code of Federal Regulations, title 
21, Chapter 1, parts 0-1299, Food and Drugs, in effect April 1, 
1980 1982, and not otherwise adopted herein, also are adopted as 
food regulations of this state.  Such regulations may be amended 
by the commissioner in accordance with the Administrative 
Procedure Act. 
    Sec. 14.  [31.175] [WATER, PLUMBING, AND SEWAGE.] 
    A person who is required by statutes administered by the 
department of agriculture, or by rules adopted pursuant to those 
statutes, to provide a suitable water supply, or plumbing or 
sewage disposal system, may not engage in the business of 
manufacturing, processing, selling, handling, or storing food at 
wholesale or retail unless his water supply is satisfactory 
under plumbing codes adopted by the department of health and his 
sewage disposal system satisfies the rules of the pollution 
control agency.  
    Sec. 15.  Minnesota Statutes 1982, section 31.51, 
subdivision 2, is amended to read:  
    Subd. 2.  [SLAUGHTER HOUSE.] "Slaughter house" means an 
establishment in which animals other than poultry are 
slaughtered and, eviscerated, or dressed for human food.  
    Sec. 16.  Minnesota Statutes 1982, section 31.56, 
subdivision 1, is amended to read:  
    Subdivision 1.  [FARMER'S OWN ANIMALS.] The provisions of 
Sections 31.51 to 31.58 do not apply to a farmer slaughtering 
his own animals, rabbits, or poultry, on his own farm for:  (1) 
his own use, (2) the use of his immediate family, or (3) sale 
directly to the ultimate consumer; or to the farmer slaughtering 
his own animals on his own farm for his own use or the use of 
his household and nonpaying guests and employees.  
    Sec. 17.  Minnesota Statutes 1982, section 31A.02, 
subdivision 5, is amended to read: 
    Subd. 5.  [CUSTOM PROCESSING.] "Custom meat processing" 
means the slaughtering and, eviscerating, dressing, or 
processing of an animal or the processing of meat products for 
the owner of the animal or of the meat products when all meat 
products derived from custom slaughter are returned to the owner 
of the animal or of the meat products.  No person shall sell, 
offer for sale, or have in his possession with intent to sell 
any meat derived from custom meat processing.  
    Sec. 18.  Minnesota Statutes 1982, section 31A.10, is 
amended to read:  
    31A.10 [PROHIBITIONS.] 
    No persons shall may, with respect to any animal or any 
carcasses, parts of carcasses, meat, or meat food products of 
any animals: 
    (a) slaughter any animals or prepare any articles which are 
capable of use as human food, at any establishment preparing 
articles solely for intrastate commerce, except in compliance 
with the requirements of sections 31A.01 to 31A.31.;  
    (b) sell, transport, offer for sale or transportation, or 
receive for transportation, in intrastate commerce (1) any 
articles which are capable of use as human food, and are 
adulterated or misbranded at the time of sale, transportation, 
offer for sale or transportation, or receipt for transportation; 
or (2) any articles required to be inspected under sections 
31A.01 to 31A.16 unless they have been so inspected and passed.; 
    (c) do, with respect to any articles which are capable of 
use as human food, any act while they are being transported in 
intrastate commerce or held for sale after transportation, which 
is intended to cause or has the effect of causing articles to be 
adulterated or misbranded; or 
    (d) sell, offer for sale, or have in his possession with 
intent to sell, any meat derived from custom processing.  
    Sec. 19.  Minnesota Statutes 1982, section 31A.15, is 
amended to read:  
    31A.15 [EXEMPTIONS.] 
    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 thereof of 
carcasses, meat, and meat food products at establishments 
conducting slaughter and preparation shall do not apply: 
    (1) to the slaughtering processing by any person of his own 
animals and the preparation by him and transportation in 
intrastate commerce of the carcasses, parts thereof of 
carcasses, meat, and meat food products of his own animals 
exclusively for use by him and members of his household and his 
nonpaying guests and employees; nor or 
    (2) to the custom slaughter processing by any person of 
cattle, sheep, swine, or goats delivered by the owner for 
slaughter processing, and the preparation by a slaughterer and 
or transportation in intrastate commerce of the carcasses, parts 
thereof of carcasses, meat, and meat food products of animals, 
exclusively for use, in the household of the owner, by him and 
members of his household and his nonpaying guests and employees; 
provided, that all meat derived from custom slaughter processing 
of cattle, sheep, swine, or goats shall be identified and 
handled as required by the commissioner, during all phases of 
slaughtering processing, chilling, cooling, freezing, 
preparation, storage, and transportation; and provided further, 
that the custom slaughterer processor does not engage in the 
business of buying or selling any carcasses, parts of carcasses, 
meat, or meat food products of any animals capable of use as 
human food unless the carcasses, parts of carcasses, meat, or 
meat food products have been inspected and passed and are 
identified as having been inspected and passed by the Minnesota 
department of agriculture or the United States department of 
agriculture.  
    Subd. 2.  [SANITARY CONDITIONS.] The slaughter processing 
of animals and preparation of articles referred to in 
subdivision 1, paragraph clause (2) shall be conducted in 
accordance with the sanitary conditions that the commissioner 
may by regulations rule prescribe.  Violation of his regulation 
a rule is prohibited.  
    Subd. 3.  [ADULTERATION AND MISBRANDING.] The adulteration 
and misbranding provisions of sections 31A.01 to 31A.16, other 
than the requirement of the inspection legend, shall apply to 
articles which are not required to be inspected under this 
section.  
    Sec. 20.  Minnesota Statutes, section 32.394, subdivision 
8, is amended to read:  
    Subd. 8.  [EXPLORATORY PRELIMINARY INSPECTIONS.] Any 
processor of milk, milk products, or goat milk who wishes to 
acquaint himself and his producers with Grade A requirements may 
make a request to the commissioner for exploratory inspections 
and meetings for this purpose.  Upon receipt of such request, 
the commissioner at his convenience shall cause such exploratory 
inspections to be made and such meetings to be held as are 
necessary to acquaint said processor and producers with such 
requirements.  If, after such exploratory inspections are made 
and such meetings are held and when in his opinion his field 
service has brought his producers into compliance with said 
requirements, said processor wishes to avail himself of further 
inspection service, he shall so apply on a form furnished by the 
commissioner, stating the number of farms to be inspected.  Such 
applications shall be accompanied by a fee payable to the state 
treasurer in an amount of not less than $50 and not more than 
$300, which fee is to be charged for preliminary inspection 
prior to continuous inspection, and assessments over $50 are to 
be determined by charging $1 for each farm over 50, but shall 
not exceed $300 if more than 300 farms are inspected; provided 
that, if the plant and farms are accepted for continuous 
inspection, this charge shall be made only once.  If the 
preliminary inspection discloses that the processor is eligible 
for use of the Grade A label on his products and before he so 
labels said products, he shall apply for continuous inspection 
on a form furnished by the commissioner and shall hold a Grade A 
permit.  Such application shall be accompanied by a fee of not 
less than $100 nor more than $400 $500 per plant and of not less 
than $15 nor more than $40 $50 per farm, said fee to be paid 
annually by the processor.  The commissioner as he deems 
necessary to more nearly meet the cost of the service, annually 
may adjust the assessments within the limits set herein. 
    Sec. 21.  Minnesota Statutes 1982, section 34.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICATION.] Any person who distributes 
soft drinks or other nonalcoholic beverages manufactured outside 
of this state, for sale within this state, shall apply for 
registration with the commissioner in such form and furnish such 
information as he may require.  Samples of all soft drinks or 
other nonalcoholic beverages manufactured for sale and sold 
within this state shall be submitted to the commissioner once 
each year for laboratory examination.  Each application shall be 
accompanied by a registration fee of $100 set in accordance with 
section 28A.05, clause (c), which shall constitute the 
registration fee in case registration is granted, and one-half 
of which may be retained to reimburse the state for inspection 
should registration be refused.  If the commissioner finds that 
the samples submitted are up to accepted standards, and 
otherwise comply with the laws of this state, he shall issue to 
the applicant a certificate of registration. 
    Sec. 22.  Minnesota Statutes 1982, section 38.02, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PRO RATA DISTRIBUTION; CONDITIONS.] (1) 
Money appropriated to aid county and district agricultural 
societies and associations shall be distributed among all county 
and district agricultural societies or associations in the state 
pro rata, upon condition that each of them has complied with the 
conditions specified in clause (2). 
    (2) To be eligible to participate in such distribution, 
each such agricultural society or association (1) (a) shall have 
held an annual fair for each of the three years last past, 
unless prevented from doing so because of a calamity or an 
epidemic declared by the local board of health or the state 
commissioner of health to exist; (2) (b) shall have an annual 
membership of 25 or more; (3) (c) shall have paid out to 
exhibitors for premiums awarded at the last fair held a sum not 
less than the amount to be received from the state; (4) (d) 
shall have published and distributed not less than three weeks 
before the opening day of the fair a premium list, listing all 
items or articles on which premiums are offered and the amounts 
of such premiums and shall have paid premiums pursuant to the 
amount shown for each article or item to be exhibited; provided 
that premiums for school exhibits may be advertised in the 
published premium list by reference to a school premium list 
prepared and circulated during the preceding school year; and 
shall have collected all fees charged for entering an exhibit at 
the time the entry was made and in accordance with schedule of 
entry fees to be charged as published in the premium list; (5) 
(e) shall have paid not more than one premium on each article or 
item exhibited, excluding championship or sweepstake awards, and 
excluding the payment of open class premium awards to 4H Club 
exhibits which at this same fair had won a first prize award in 
regular 4H Club competition; (6) (f) shall have submitted its 
records and annual report to the commissioner of agriculture on 
a form provided by the commissioner of agriculture, on or before 
the first day of November December of the current year. 
    (3) All payments authorized under the provisions of this 
chapter shall be made only upon the presentation by the 
commissioner of agriculture with the commissioner of finance of 
a statement of premium allocations.  As used herein the term 
premium shall mean the cash award paid to an exhibitor for the 
merit of an exhibit of livestock, livestock products, grains, 
fruits, flowers, vegetables, articles of domestic science, 
handicrafts, hobbies, fine arts, and articles made by school 
pupils, or the cash award paid to the merit winner of events 
such as 4H Club or Future Farmer Contest, Youth Group Contests, 
school spelling contests and school current events contests, the 
award corresponding to the amount offered in the advertised 
premium list referred to in schedule 2.  Payments of awards for 
horse races, ball games, musical contests, talent contests, 
parades, and for amusement features for which admission is 
charged, are specifically excluded from consideration as 
premiums within the meaning of that term as used herein.  Upon 
receipt of the statement by the commissioner of agriculture, it 
shall be the duty of the commissioner of finance to draw his 
voucher in favor of the agricultural society or association for 
the amount to which it is entitled under the provisions of this 
chapter, which amount shall be computed as follows:  On the 
first $750 premiums paid by each society or association, such 
society or association shall receive 100 percent reimbursement; 
on the second $750 premiums paid, 80 percent; on the third $750 
premiums paid, 60 percent; and on any sum in excess of $2,250, 
40 percent. 
    (4) If the total amount of state aid to which the 
agricultural societies and associations are entitled under the 
provisions of this chapter exceeds the amount of the 
appropriation therefor, the amounts to which the societies or 
associations are entitled shall be pro rated so that the total 
payments by the state will not exceed the appropriation. 
    Sec. 23.  Minnesota Statutes 1982, section 38.02, 
subdivision 3, is amended to read:  
    Subd. 3.  [CERTIFICATION, COMMISSIONER OF AGRICULTURE.] Any 
county or district agricultural society which may have has held 
its second annual fair shall be is entitled to share pro rata in 
such the distribution.  The commissioner of agriculture shall 
certify to the secretary of the state agricultural society, 
within 30 days after payments have been made hereunder, a list 
of all county or district agricultural societies that have 
complied with this chapter, and which are entitled to share in 
such the appropriation.  All payments hereunder shall be made on 
or before December 20 of the year in which the fair is held or 
within 30 days after all societies have submitted their annual 
report to the commissioner of agriculture, whichever is later 
within three months after the agricultural societies submitted 
their reports under subdivision 1, clause (2)(f). 
    Sec. 24.  Minnesota Statutes 1982, section 231.11, is 
amended to read: 
    231.11 [SCHEDULE OF RATES.] 
    Every warehouseman shall file with the department and print 
and keep open for public inspection a schedule of rates.  The 
department may determine and prescribe the form in which the 
schedules required by this chapter to be filed with the 
department and to be kept open for public inspection shall be 
prepared and arranged and may change the form from time to time 
if it shall be found expedient.  In order to insure 
nondiscriminatory rates and charges for all depositors, the 
commissioner shall establish a collective rate-making procedure 
which will insure the publication and maintenance of just and 
reasonable rates and charges under uniform, reasonably related 
rate structures.  These procedures shall provide for the joint 
consideration, initiation, and establishment of rates and 
charges, and shall assure that the respective revenues and 
expenses of warehousemen engaged in warehouse services are 
ascertained.  Any participating warehouseman party to a 
collectively mandated rate or charge has the right to petition 
the commissioner for the establishment of a rate or charge which 
deviates from the collectively set rate.  Upon receiving the 
commissioner's approval, that warehouseman may proceed to 
establish the requested rate or charge.  All warehousemen 
subject to rate regulation under this chapter must comply with 
the commissioner's rate-making procedures.  No warehouseman 
shall undertake to perform any service, or store any goods, 
wares, or merchandise, unless or until such a schedule of rates 
has been filed and published in accordance with the provisions 
of this chapter; provided, that.  In case of emergency, however, 
a service or storage not specifically covered by the schedules 
filed, may be performed or furnished at a reasonable rate, which 
rate shall forthwith must then be promptly filed, and shall be 
which is subject to review in accordance with the provisions of 
this chapter.  
    Sec. 25.  Minnesota Statutes 1982, section 231.12, is 
amended to read: 
    231.12 [CHANGE OF RATES.] 
    Unless the department otherwise orders, no change shall be 
made by any warehouseman, in may change any rate except after 30 
ten days' notice to the department and to the public as herein 
provided pursuant to this section.  Such Notice shall be given 
by filing with the department and keeping open for public 
inspection new schedules or supplements stating plainly the 
changes to be made in the schedules then in force and the time 
when the changes will go into effect.  The department for good 
cause shown, may, after hearing, allow changes without requiring 
the 30 ten days' notice herein provided for by an order 
specifying the changes so to be made and, the time when they 
shall take effect, and the manner in which they shall be filed 
and published.  
    Sec. 26.  Minnesota Statutes 1982, section 231.16, is 
amended to read: 
    231.16 [WAREHOUSEMAN TO OBTAIN LICENSE.] 
    Every person desiring to engage in the business of 
warehouseman, before engaging therein, shall be licensed 
annually by, and shall be under the supervision and subject to 
the inspection of, the department.  Written application in the 
form prescribed by the department shall be made to the 
department for license, specifying the city in which it is 
proposed to carry on the business of warehousing, the location, 
size, character, and equipment of the buildings or premises to 
be used by the warehouseman, the kind of goods, wares, and 
merchandise intended to be stored therein, the name of the 
person or corporation operating the same, and of each member of 
the firm or officer of the corporation, and any other facts 
necessary to satisfy the department that the property proposed 
to be used is suitable for warehouse purposes and that the 
warehouseman making the application is qualified to carry on the 
business of warehousing.  Should the department decide that the 
building or other property proposed to be used as a warehouse is 
suitable for the proposed purpose and that the applicants are 
entitled to a license, notice of the decision shall be given the 
interested parties and, upon the applicants filing with the 
department the necessary bond, as provided for in this chapter, 
the department shall issue the license provided for, upon 
payment of the license fee, as in this section provided.  A 
warehouseman to whom a license is issued shall pay for the 
license a fee set by the commissioner. based on the storage 
capacity of the warehouse as follows:  
 Storage capacity in square feet 
            (1) 5,000 or less               $ 80 
            (2) 5,001 to 10,000             $155 
            (3) 10,001 to 20,000            $250 
            (4) 20,001 to 100,000           $315 
            (5) 100,001 to 200,000          $410 
            (6) over 200,000                $470 
    Fees collected under this chapter shall be paid into the 
grain buyers and storage fund established in section 232.22.  
    The license shall be renewed annually on June 30 or before 
July 1, and always upon payment of the full license fee, as 
provided for in this section for such renewal; and no license 
shall be issued for any portion of a year for less than the full 
amount of the license fee, as provided for in this section.  
Each license obtained under this chapter shall be publicly 
displayed in the main office of the place of business of the 
warehouseman to whom it is issued.  The license shall authorize 
the warehouseman to carry on the business of warehousing only in 
the one city or town named in the application and in the 
buildings therein described.  The department, without requiring 
an additional bond and license, may issue permits from time to 
time to any warehouseman already duly licensed under the 
provisions of this chapter to operate an additional warehouse in 
the same city or town for which his original license was issued 
during the term thereof, upon his filing an application for a 
permit in the form prescribed by the department. 
    License may be refused for good cause shown and revoked by 
the department for violation of law or of any rule or regulation 
by it prescribed, upon notice and after hearing. 
    Sec. 27.  Minnesota Statutes 1982, section 232.22, 
subdivision 3, is amended to read: 
    Subd. 3.  [FEES; GRAIN BUYERS AND STORAGE FUND.] There is 
created in the state treasury an account known as the grain 
buyers and storage fund.  The commissioner shall set the fees 
for inspections, certifications and licenses under sections 
232.20 to 232.25 at levels necessary to pay the costs of 
administering and enforcing sections 232.20 to 232.25.  All 
money collected pursuant to sections 232.20 to 232.25 and 
chapters 231, 233 and 236 shall be paid by the commissioner into 
the state treasury and credited to the grain buyers and storage 
fund and is appropriated to the commissioner for the 
administration and enforcement of sections 232.20 to 232.25 and 
chapters 231, 233 and 236.  All money collected pursuant to 
chapter 231 shall be paid by the commissioner into the grain 
buyers and storage fund and is appropriated to the commissioner 
for the administration and enforcement of chapter 231.  
    Sec. 28.  [REPEALER.] 
    Minnesota Statutes 1982, sections 17.031; 17.032; 17B.15, 
subdivision 2; 31.401; 31.402; 31.403; 31.404; 31.405; 31.406; 
32.472; and 32.473 are repealed.  
    Sec. 29.  [EFFECTIVE DATE.] 
    Sections 2, 4, 20, 21, 26, and 27 are effective the day 
following final enactment. 
    Approved June 7, 1983