Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 349--S.F.No. 320
 an act relating to agriculture; making certain changes 
in the law relating to fertilizer inspection, 
registration, and labeling; prescribing penalties; 
amending Minnesota Statutes 1982, sections 17.713, 
subdivision 7; 17.714, subdivision 1; 17.715, 
subdivision 1; 17.718, subdivision 1; 17.725, 
subdivisions 1 and 2; and 17.728, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 17.713, 
subdivision 7, is amended to read:  
    Subd. 7.  [GRADE.] "Grade" means the percentage of total 
nitrogen, available phosphorus or phosphoric acid, and soluble 
potassium or soluble potash stated in whole numbers in the same 
terms, order and percentages as in the guaranteed analysis; 
provided, however, that fertilizer materials, bone meals, 
manures, and similar raw materials may be guaranteed in 
fractional units, and specialty fertilizers may be guaranteed in 
fractional units of less than one percent of total nitrogen, 
available phosphorus or phosphoric acid, and soluble potassium 
or soluble potash.  
    Sec. 2.  Minnesota Statutes 1982, section 17.714, 
subdivision 1, is amended to read:  
    Subdivision 1.  [REGISTRATION FEE; CERTAIN ITEMS.] 
Fertilizer brands and grades sold only as small package items or 
represented and labeled as specialty fertilizer; and soil and 
plant amendments sold with recommendations for commercial 
agricultural use, shall be registered at the fee set forth in 
and a fee paid pursuant to section 17.717, subdivisions 3 and 
4.  Fees paid for registration made in this manner shall be in 
lieu of any other license or tonnage fees.  
    Sec. 3.  Minnesota Statutes 1982, section 17.715, 
subdivision 1, is amended to read:  
    Subdivision 1.  [LICENSED PERSONS.] A person who 
manufactures, blends, mixes, or otherwise manipulates commercial 
fertilizer material and a person who stores or distributes bulk 
fertilizer for resale shall obtain a license from the 
commissioner for each fixed location within the state where 
these operations are performed. 
    Sec. 4.  Minnesota Statutes 1982, section 17.718, 
subdivision 1, is amended to read:  
    Subdivision 1.  [SEMIANNUAL STATEMENT.] Each licensed 
distributor of commercial fertilizer under section 17.717, 
subdivision 1, and each registrant of a commercial fertilizer, 
soil amendment, or plant amendment under section 17.717, 
subdivisions 3 and 4, shall file with the commissioner on forms 
furnished by the commissioner, a semiannual statement for the 
periods ending December 31 and June 30 setting forth the number 
of net tons of each grade of commercial fertilizer, soil 
amendment, or plant amendment distributed in this state during 
the reporting period.  The report shall be is due on or before 
the 30th of the month following the close of each reporting 
period of each calendar year.  The inspection fee at the rate 
stated in section 17.717, subdivision 5 shall accompany the 
statement.  For the tonnage report that is not filed or the 
payment of inspection fees that is not made within 30 days after 
the end of the reporting period, a penalty of ten percent of the 
amount due, with a minimum penalty of $10, shall be assessed 
against the licensee or registrant, and the total amount of fees 
due, plus penalty, shall constitute a debt and may be recovered 
in a civil action against the licensee or registrant.  The 
assessment of this penalty shall not prevent the department from 
taking other actions as provided in this chapter.  The 
commissioner may by regulation require additional reports for 
the purpose of gathering statistical data relating to 
fertilizer, soil amendments, and plant amendments distribution 
in the state. 
    Sec. 5.  Minnesota Statutes 1982, section 17.725, 
subdivision 1, is amended to read:  
    Subdivision 1.  [FOR ADMINISTRATION.] The commissioner may 
prescribe and, after public hearing following due public notice, 
adopt temporary or permanent rules relating to the manufacture, 
sale, distribution, tonnage reporting, labeling, storage, and 
handling of commercial fertilizers and soil amendments and plant 
amendments or other soil additives necessary to carry into 
effect the full intent and meaning of sections 17.711 to 17.729. 
    Sec. 6.  Minnesota Statutes 1982, section 17.725, 
subdivision 2, is amended to read:  
    Subd. 2.  [LIMING MATERIALS.] The commissioner may make and 
publish adopt rules governing the labeling, registration, and 
distribution of liming materials as are sold for agricultural 
purposes, including: limestone (carbonates), sulfates, slags 
(silicates), burned lime (oxides), and hydrated lime 
(hydroxides).  Such products shall not, however, be deemed 
fertilizers, soil amendments or plant amendments be subject to 
the registration and any tonnage fees stated in sections 17.711 
to 17.729 under section 17.717, subdivision 4.  No registration 
fee may be imposed on any distributor who sells liming materials 
only at retail to customers.  
    Sec. 7.  Minnesota Statutes 1982, section 17.728, 
subdivision 4, is amended to read:  
    Subd. 4.  [PENALTY.] Any person convicted of violating a 
provision of sections 17.711 to 17.729 or any rule adopted under 
section 17.725, is guilty of a misdemeanor.  Any person 
convicted of another violation of the same provision or rule 
upon a subsequent prosecution within one year of the original 
conviction is guilty of a gross misdemeanor. 
    Approved June 14, 1983