Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 124-H.F.No. 436 
           An act relating to agriculture; providing minimum 
          standards for seed potatoes; proposing coding for new 
          law in Minnesota Statutes, chapter 21. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [21.1195] [MINIMUM STANDARDS FOR PLANTING.] 
    Seed potatoes may not be planted in the state in lots of 
ten or more acres unless the seed meets the minimum disease 
standards prescribed by the commissioner.  Seed potatoes may 
meet the standards by being certified in accordance with this 
chapter and rules adopted by the commissioner, or under the 
certification program of another state or province which, in the 
judgment of the commissioner, provides equivalent assurances of 
seed potato quality.  Seed potatoes may be planted without 
certification if they have had at least field inspection as 
required for certified seed potatoes, have passed the field 
inspection standards of disease tolerance, and are free from 
ring rot.  A person that plants seed potatoes in violation of 
this section is subject to a civil penalty of $20 per acre for 
each acre or part of an acre planted in violation of this 
section.  Failure to maintain complete and accurate records in 
accordance with this section or rules adopted by the 
commissioner is an additional violation resulting in a separate 
civil penalty of $200 for each failure.  
    If there is not available to be planted in this state, in 
any year, a sufficient volume of potato seed meeting certified 
seed potato disease standards, in any or all varieties, the 
commissioner may, upon application by one or more growers, 
permit seed that does not comply with this section to be planted 
for that growing season if the seed does not pose a serious 
disease threat. 
    Each grower shall keep records of each lot of seed potatoes 
planted.  For each growing season, the records must include, by 
field, the variety and source of the seed potatoes.  Each grower 
shall file records as prescribed by the commissioner.  All 
records must be made available for inspection by the 
commissioner or the commissioner's agents during normal business 
hours.  
    In addition to the enforcement powers and penalties in this 
section, the commissioner may issue a subpoena to a grower in 
order to compel delivery of records which are required under 
this section.  These subpoenas are enforceable by any court of 
competent jurisdiction.  
    Sec. 2.  [EFFECTIVE DATE.] 
    Section 1 is effective for potatoes planted after January 
1, 1989. 
    Approved May 14, 1987