Office of the Revisor of Statutes
Minnesota Session Laws - 1989, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1989
CHAPTER 350-H.F.No. 878
An act relating to agriculture; providing for certain
federal crop insurance payments, a community needs
assessment model, certain task forces, agriculture
promotion, checkoff rates, land transfers, certain
boards, reforestation, preservation policy,
grasshopper control, federal uniformity, soy-based
ink, food coupons, weed control, certain studies,
mediation and first refusal, motor fuel labeling, and
wild rice labeling; appropriating money; amending
Minnesota Statutes 1988, sections 17.49; 17.59, by
adding a subdivision; 18.022, subdivision 2; 30.49;
31.101; 31.102, subdivision 1; 31.103, subdivision 1;
31.104; 31.11; 116O.09, subdivisions 1, 2, and by
adding a subdivision; 239.79, subdivision 2; 500.24,
subdivision 6; 550.37, subdivisions 4a, 5, and 7;
583.24, subdivision 4; 583.26, subdivision 1; Laws
1983, chapter 215, section 16, as amended; Laws 1985,
chapter 19, sections 2, subdivision 2, as amended; and
6, subdivision 6, as amended; Laws 1986, chapter 398,
article 1, section 18, as amended; and Laws 1988,
chapter 688, article 3, sections 1, subdivision 3; 2;
and 3; proposing coding for new law in Minnesota
Statutes, chapters 16B; 17; 18; and 84; repealing
Minnesota Statutes 1988, section 84.152, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
FEDERAL CROP INSURANCE
Section 1. [FINDING OF PUBLIC PURPOSE.]
The legislature finds that federal crop insurance
represents the lowest cost, most economically feasible mechanism
for protecting farm families from severe economic stress caused
by drought and other natural disasters. The legislature further
finds that costs to the state for rural disaster relief are
greatly reduced when a majority of farmers carry federal crop
insurance. In order to encourage all farmers to carry federal
crop insurance, it is a valid public purpose for state funds to
be used to make grants for a portion of the premium costs of the
crop insurance.
Sec. 2. [GRANTS FOR PARTIAL PAYMENT OF FEDERAL CROP
INSURANCE.]
Subdivision 1. [ELIGIBLE CROPS.] Crops eligible for
partial payment of federal crop insurance are barley, corn,
flax, oats, soybeans, sugar beets, canning crops grown under
contract, and wheat.
Subd. 2. [ELIGIBILITY.] A farmer is eligible for state
assistance if:
(1) the farmer experienced a 65 percent or greater loss in
the yield of at least one of the eligible crops grown during the
1988 growing season;
(2) the farmer was required to purchase federal crop
insurance as a condition for participation in federal
agriculture programs for 1989; and
(3) the farmer submits an application to the commissioner
of agriculture on or before September 1, 1989.
Subd. 3. [APPLICATION.] To receive reimbursement under
this article a farmer must submit an application for
reimbursement of federal crop insurance premiums to the
commissioner on forms provided by the commissioner. The
application must include documentation of crop losses and other
factors relevant to eligibility.
Subd. 4. [REIMBURSEMENT RATE AND MAXIMUM.] From within
funds appropriated for this program, the commissioner must not
later than December 1, 1989, reimburse an eligible farmer for up
to 20 percent of the total premium cost for federal crop
insurance on the 1989 crop. The maximum reimbursement to any
eligible farmer is $300.
ARTICLE 2
COMMUNITY NEEDS ASSESSMENT
Section 1. [COMMUNITY NEEDS ASSESSMENT MODEL.]
Subdivision 1. [MODEL DEVELOPMENT.] The rural development
board, as part of its rural investment strategy, shall select an
organization to develop, test, and implement a rural community
needs assessment model. The commissioner of trade and economic
development shall publish in the State Register a request for
proposals for the community needs assessment model project. The
organization must select five rural communities in 1990 and ten
rural communities in 1991 within which to perform community
needs assessments using the model developed. At least one of
the rural communities selected in 1990 must have a population of
1,000 or less.
Subd. 2. [ORGANIZATION.] The organization selected must
meet the following criteria:
(1) knowledge of the concerns and needs of rural Minnesota
residents and their communities;
(2) demonstrated expertise in performing needs assessments;
(3) ability to develop, test, refine, demonstrate, and
implement a community needs assessment process; and
(4) experience in gathering, classifying, analyzing,
reporting, and interpreting data.
Subd. 3. [MODEL REQUIREMENTS.] The community needs
assessment model must identify community needs in the areas of
social services, transportation, housing, education, health
care, recreation, employment, public infrastructure, and
economic development. In order to identify those needs,
information must be collected from the most recent existing
statistical data bases, experts, and community residents. After
needs are identified, the community needs assessment model must
establish priorities, assist the community in analyzing existing
resources, develop strategies to meet community needs, and
assist the community in considering available options and in
deciding what alternatives to act upon.
Subd. 4. [COMMUNITY PARTICIPATION.] The community needs
assessment model must be designed to maximize community
involvement and participation in the community needs assessment
process. The model must be capable of guiding the community
through a strategy of information collection, discussion,
refinement, and consensus. To encourage community involvement
in this process, the organization may provide incentive grants
to assist rural community leaders and residents to implement the
model.
Subd. 5. [REPORT.] The rural development board shall
report to the legislature by January 1, 1990, regarding the
development and implementation of the model. A second report
must be submitted to the legislature by January 1, 1991.
ARTICLE 3
AGRICULTURAL DATA COLLECTION TASK FORCE
Section 1. [REACTIVATION OF THE AGRICULTURAL DATA
COLLECTION TASK FORCE.]
The agricultural data collection task force created by Laws
1985, chapter 19, as reactivated and amended by Laws 1986,
chapter 398, article 11, and Laws 1987, chapter 396, article 5,
is reactivated.
Sec. 2. Laws 1985, chapter 19, section 2, subdivision 2,
as amended by Laws 1986, chapter 398, article 11, section 2, and
Laws 1987, chapter 396, article 5, section 2, is amended to read:
Subd. 2. [DUTIES.] The duties of the agricultural data
collection task force are to:
(1) continue the uniform procedure for collecting data on
the financial status of agriculture in Minnesota;
(2) report the results of the program to the legislature no
later than December 31 of each fiscal year the agricultural data
collection task force is funded.
Sec. 3. Laws 1985, chapter 19, section 6, subdivision 6,
as amended by Laws 1986, chapter 398, article 11, section 4, and
Laws 1987, chapter 396, article 5, section 3, is amended to read:
Subd. 6. [EXPIRATION.] The agricultural data collection
task force expires April 15, 1989 1991, or 15 days after
reporting to the legislature, whichever date comes later, but in
no circumstance later than June 1, 1989 1991.
ARTICLE 4
AQUICULTURE
Section 1. Minnesota Statutes 1988, section 17.49, is
amended to read:
17.49 [AQUICULTURE PROGRAM ESTABLISHMENT AND PROMOTION.]
Subdivision 1. [PROGRAM ESTABLISHED.] The commissioner
shall establish and promote a program for the commercial raising
of fish in fish farms in consultation with an advisory committee
consisting of the University of Minnesota, the commissioner of
natural resources, the commissioner of agriculture, the
commissioner of trade and economic development, the commissioner
of the state planning agency, representatives of private fish
raising industry, and the chairs of the environment and natural
resources committees of the house of representatives and senate.
Subd. 2. [COORDINATION.] Aquiculture programs in the state
must be coordinated through the commissioner of agriculture.
The commissioner of agriculture shall direct the development of
aquiculture in the state. Aquiculture research, projects, and
demonstrations must be reported to the commissioner before state
appropriations for the research, projects, and demonstrations
are encumbered. The commissioner shall maintain a data base of
aquiculture research, demonstrations, and other related
information pertaining to agriculture in the state.
Sec. 2. [17.491] [AQUICULTURE IS AGRICULTURAL PURSUIT.]
Aquiculture is an agricultural pursuit.
Sec. 3. [17.492] [AQUICULTURE DEFINITION.]
"Aquiculture" means to cultivate plants and animals in
water for harvest, including hydroponics and raising fish in
fish farms.
ARTICLE 5
DAIRY INDUSTRY CHECKOFF RATE
Section 1. Minnesota Statutes 1988, section 17.59, is
amended by adding a subdivision to read:
Subdivision 1a. [DAIRY INDUSTRY CHECKOFF RATE.] (a)
Notwithstanding subdivision 1, the Minnesota dairy research and
promotion order, or any provision to the contrary in this
chapter or rules adopted under this chapter, the checkoff rate
applicable to the dairy research and promotion council must be
equal to the maximum credit allowed under the Dairy Promotion
and Research Order, adopted under the Dairy Production
Stabilization Act of 1983, United States Code, title 7, sections
4501 to 4538, for producers participating in a qualified state
or regional dairy product promotion or nutrition education
program. The checkoff rate provided in this subdivision is
effective and must be automatically adjusted without amendment
to the Minnesota dairy research and promotion order.
(b) Subdivision 1 applies for the establishment of the
checkoff rate applicable to the dairy research and promotion
council if:
(1) the Dairy Production Stabilization Act of 1983 is
repealed;
(2) the Dairy Promotion and Research Order is suspended or
terminated, in which case subdivision 1 applies only during the
period of suspension or termination; or
(3) the federal credit for participation in a qualified
state or regional dairy product or nutrition education program
is eliminated.
Sec. 2. Laws 1988, chapter 688, article 3, section 1,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] The Minnesota dairy task force shall by
June 1, 1989 1990:
(1) gather existing information on increasing milk
production efficiency of dairy cow herds, reducing input costs,
and increasing profitability of dairy farms;
(2) establish a mechanism to disseminate gathered
information to dairy farmers in a practical form;
(3) examine computerized analysis of dairy records and the
available software, and recommend practical alternatives for
dairy farmers to use computerized analysis;
(4) develop a preliminary draft of long-range goals,
objectives, and time line achievement strategies for the dairy
industry;
(5) study alternatives for component pricing of milk;
(6) recommend legislation needed to accomplish the
objectives and goals in subdivision 2; and
(7) examine available data on patterns and relationships
between changes in the purchase price of raw milk from dairy
farmers and changes in the retail price of dairy products
purchased by the consumer.
Sec. 3. Laws 1988, chapter 688, article 3, section 2, is
amended to read:
Sec. 2. [REPORT.]
The Minnesota dairy task force shall prepare and submit an
interim report on its activities, accomplishments, and
recommendations to the committees on agriculture of the senate
and house of representatives by February 1, 1989 1990.
Sec. 4. Laws 1988, chapter 688, article 3, section 3, is
amended to read:
Sec. 3. [REPEALER.]
Section 1 is repealed effective June 30, 1990 1991.
ARTICLE 6
LAND TRANSFERS FROM FEDERAL AGENCIES
Section 1. [84.0276] [LAND TRANSFERS BY A FEDERAL AGENCY.]
Before the commissioner of natural resources accepts
agricultural land or a farm homestead transferred in fee by a
federal agency, the commissioner must consult with the board of
water and soil resources for a determination of marginal land,
tillable farmland, and farm homestead. The commissioner must
comply with the acquisition procedure under section 97A.145,
subdivision 2, if the agricultural land or farm homestead was in
an agricultural preserve as provided in section 40A.10.
ARTICLE 7
AGRICULTURAL UTILIZATION AND RESEARCH INSTITUTE
Section 1. Minnesota Statutes 1988, section 116O.09,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The agricultural
utilization research institute is established as a nonprofit
corporation under section 501(c)(3) of the Internal Revenue Code
of 1986, as amended. The corporation shall establish an
agricultural utilization research institute to shall promote the
establishment of new products and product uses and the expansion
of existing markets for the state's agricultural commodities and
products. The institute must be located near an existing
agricultural research facility in the agricultural region of the
state.
Sec. 2. Minnesota Statutes 1988, section 116O.09, is
amended by adding a subdivision to read:
Subd. 1a. [BOARD OF DIRECTORS.] The board of directors of
the agricultural utilization research institute is comprised of:
(1) the chairs of the senate agriculture and rural
development committee and the house of representatives
agriculture committee;
(2) two representatives of statewide farm organizations;
(3) two representatives of agribusiness, one of whom is a
member of the greater Minnesota corporation board representing
agribusiness; and
(4) three representatives of the commodity promotion
councils.
A member of the board of directors under clauses (1) to (4)
may designate a permanent or temporary replacement member
representing the same constituency.
Sec. 3. Minnesota Statutes 1988, section 116O.09,
subdivision 2, is amended to read:
Subd. 2. [DUTIES.] (a) In addition to the duties and
powers assigned to the institutes in section 116O.08, the
agricultural utilization research institute shall:
(1) identify the various market segments characterized by
Minnesota's agricultural industry, address each segment's
individual needs, and identify development opportunities in each
segment;
(2) develop and implement a utilization program for each
segment that addresses its development needs and identifies
techniques to meet those needs;
(3) coordinate research among the public and private
organizations and individuals specifically addressing procedures
to transfer new technology to businesses, farmers, and
individuals; and
(4) provide research grants to public and private
educational institutions and other organizations that are
undertaking basic and applied research that would promote the
development of the various agricultural industries.
(b) The agricultural utilization research institute board
of directors, with the concurrence of the advisory board, shall
have the sole approval authority for establishing agricultural
utilization research priorities, requests for proposals to meet
those priorities, awarding of grants, hiring and direction of
personnel, and other expenditures of funds consistent with the
adopted and approved mission and goals of the agricultural
utilization research institute. The actions and expenditures of
the agricultural utilization research institute are subject to
audit and regular annual report to the legislature in general
and specifically the house of representatives agriculture
committee, the senate agriculture and rural development
committee, the house of representatives appropriations
committee, and the senate finance committee.
Sec. 4. [ADVISORY BOARD AND AURI BOARD.]
The advisory board is the permanent advisory board, and the
present steering committee as constituted with elective
positions from the advisory board is the governing board of the
agricultural utilization research institute.
Sec. 5. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
ARTICLE 8
COMMUNITY AND URBAN REFORESTATION
Section 1. [COMMUNITY AND URBAN REFORESTATION STUDY.]
Subdivision 1. [LEGISLATIVE FINDINGS.] The legislature
recognizes that the perils of disease and, increasingly in
recent times, commercial and residential development present a
serious threat to the prosperity and even survival of our
community and urban forests. Prompt action must be taken to
reverse this trend.
Subd. 2. [STUDY.] A main step in assuring preservation and
prosperity of our community and urban forests is the prompt
identification of the exact nature of the threat and a logical
order of measures to be taken to relieve the threat. To this
end, the Minnesota shade tree advisory committee, in conjunction
with the University of Minnesota and the state department of
agriculture shall conduct a study of problems presently facing
our community and urban forests. The study shall focus upon
such aspects of the problem as preserving the cooling effect of
forestation with resulting energy savings, filtration of harmful
particulate matter and absorption of harmful emissions, noise
reduction, strategic planting and preservation of existing trees
to maximize the benefits trees contribute to our environment,
and such other aspects of the problem as the committee considers
advisable.
Subd. 3. [RECOMMENDATIONS.] The committee shall make its
recommendations to the appropriate committees of the legislature
in January of 1990. Recommendations shall take the form of
specific steps to halt the decline in community and urban
forestation and to promote planting and preservation. The
recommendations shall be prioritized to stress the more critical
needs and shall be accompanied by cost estimates wherever
possible.
Sec. 2. [EFFECTIVE DATE.]
Section 1 is effective the day following final enactment.
ARTICLE 9
AGRICULTURAL INTERPRETIVE CENTER
Section 1. [POLICY OF PRESERVING HISTORY OF BASIC
INDUSTRIES.]
Minnesota's historic basic industries are agriculture,
mining, and forestry. The history of these great human
enterprises reaches back to and beyond the settlement of
Minnesota by Minnesotans from other continents. Throughout
their long history each has evolved in ways that no single
generation could foresee and no individual alone can remember.
Their history holds intense fascination for contemporary
Minnesotans. It is the policy of the state to preserve and
present that history in ways that do justice to its dramatic
past and dynamic future. For these reasons the maintenance of a
living history agricultural interpretive center is a desirable
public purpose.
ARTICLE 10
GRASSHOPPER CONTROL PROGRAM
Section 1. Minnesota Statutes 1988, section 18.022,
subdivision 2, is amended to read:
Subd. 2. [COST.] (a) In order To defray the cost of
such the activities under subdivision 1, the governing body
of any such the political subdivision may levy a special tax
which, except when levied by a county, shall must not exceed
two-thirds mill a gross tax capacity rate of .55 percent or a
net tax capacity rate of .68 percent in any year in excess of
charter or statutory millage tax capacity rate limitations, but
not in any event more than 50 cents per capita, and any such
except that the levy for the grasshopper control program under
sections 23 to 26 is not subject to the 50 cents per capita
limitation. The political subdivision may make such a the levy,
where necessary, separate from the general levy and at any time
of the year. (b) If, because of the prevalence of Dutch elm
disease, the governing body of such a political subdivision is
unable to defray the cost of control activities authorized by
this section within the limits set by this subdivision, the
limits set by this subdivision are increased to 1-1/3 mills a
gross tax capacity rate of 1.1 percent or a net tax capacity
rate of 1.36 percent, but not in any event more than one dollar
per capita.
Sec. 2. [18.0223] [GRASSHOPPER CONTROL ZONES.]
The commissioner of agriculture shall designate townships
of counties that have had grasshopper surveys showing economic
damage or potential economic damage as a grasshopper control
zone where control programs under sections 2 to 4 will be
undertaken.
Sec. 3. [18.0225] [GRASSHOPPER CONTROL PROGRAM.]
(a) The commissioner of agriculture shall develop and
implement a grasshopper control program to prevent crop damage
in the grasshopper control zone. Within grasshopper control
zones the commissioner, landowners, and local weed inspectors
have the same authorities and duties under chapter 18 for
grasshoppers as if grasshoppers are noxious weeds under chapter
18. After consultation and cooperation with the state
entomologist, the commissioner must develop the program to
economically and efficiently control grasshoppers and to
minimize adverse environmental impact, including the selection
of pesticides and prescription of application rates.
(b) The grasshopper control program must utilize proven
methods of grasshopper control and the commissioner may make
grants for experimental methods of control in selected areas.
Sec. 4. [COST-SHARE.]
Subdivision 1. [ELIGIBILITY.] Private landowners are
eligible for a 50 percent cost-share reimbursement for
grasshopper control methods approved by the commissioner that
are used on areas within the grasshopper control zone.
Subd. 2. [INSPECTION.] (a) A county agricultural inspector
and local weed inspectors shall inspect the property where the
grasshopper control is to occur and approve the control method
to be used.
(b) The local weed inspectors shall inspect areas for
grasshopper infestation in grasshopper control zones.
Subd. 3. [REIMBURSEMENT.] (a) An eligible private
landowner may receive reimbursement for grasshopper control
costs by presenting to the local weed inspector or the county
agricultural inspector:
(1) an inspection statement that the property was inspected
prior to the control method being used; and
(2) approval by the county agricultural inspector or local
weed inspector that an approved method was used.
(b) The county agricultural inspector shall forward the
reimbursement request to the county treasurer for payment.
(c) The county treasurer shall pay the reimbursement
requests received from the county agricultural inspectors and
local weed inspectors.
Subd. 4. [PAYMENTS TO COUNTIES FOR COST-SHARE.] From
within funds appropriated for the grasshopper control program,
the commissioner of agriculture shall make payments to counties
to pay for the cost-share payments under subdivision 3. The
commissioner shall make funds available in advance based on
anticipated need to allow reimbursement payments to be made as
quickly as possible.
Subd. 5. [ADMINISTRATION.] (a) The commissioner of
agriculture shall adopt procedures, guidelines, and forms to
implement the grasshopper control cost-share program under this
section. The procedures, guidelines, and forms may be adopted
notwithstanding chapter 14, except section 14.38, subdivisions 7
and 8, must be complied with.
(b) The commissioner of agriculture may require accounting
procedures and reports to implement the program.
Sec. 5. [EXPERIMENTAL GRASSHOPPER CONTROL.]
Subdivision 1. [AUTHORIZATION.] The commissioner of
agriculture may designate certain areas or types of controls for
an experimental control program for methods that are not
commonly used in the state or have not been proven to be
effective.
Subd. 2. [ELIGIBLE PARTICIPANTS.] Public and private
entities willing to participate in the experimental grasshopper
control program may not be required to pay more than 20 percent
of the cost of the experimental control methods on property they
are responsible for controlling.
Subd. 3. [ADMINISTRATION.] The commissioner shall develop
the experimental grasshopper control program and may adopt
rules, guidelines, and procedures notwithstanding chapter 14 to
implement the program, except the commissioner must comply with
section 14.38, subdivisions 7 and 8.
Sec. 6. [EFFECTIVE DATE.]
This article is effective the day following final enactment.
ARTICLE 11
FEDERAL UNIFORMITY
Section 1. Minnesota Statutes 1988, section 31.101, is
amended to read:
31.101 [RULES; HEARINGS; UNIFORMITY WITH FEDERAL LAW.]
Subdivision 1. The authority to promulgate and amend rules
for the efficient administration and enforcement of the
Minnesota food law is vested in the commissioner and is in
addition to authority granted in sections 31.10, 31.11, and
31.12. Such rules when applicable shall conform, insofar as
practicable and consistent with state law, with those
promulgated under the federal law.
Subd. 2. Hearings authorized or required by law shall be
conducted by the commissioner or such officer, agent, or
employee as the commissioner may designate for the purpose.
Subd. 3. Federal pesticide chemical regulations and
amendments thereto in effect on April 1, 1987 1988, adopted
under authority of the Federal Insecticide, Fungicide and
Rodenticide Act, as provided by United States Code, title 7,
chapter 6, are the pesticide chemical rules in this state. Such
rules may be amended by the commissioner proceeding in
accordance with the administrative procedure act.
Subd. 4. Federal food additive regulations and amendments
thereto in effect on April 1, 1987 1988, as provided by Code of
Federal Regulations, title 21, parts 170 to 199, are the food
additive rules in this state. Such rules may be amended by the
commissioner proceeding in accordance with the administrative
procedure act.
Subd. 5. Federal color additive regulations and amendments
thereto in effect on April 1, 1987 1988, as provided by Code of
Federal Regulations, title 21, parts 70 to 82, are the color
additive rules in this state. Such rules may be amended by the
commissioner proceeding in accordance with the administrative
procedure act.
Subd. 6. Federal special dietary use regulations and
amendments thereto in effect on April 1, 1987 1988, as provided
by Code of Federal Regulations, title 21, parts 104 and 105, are
the special dietary use rules in this state. Such rules may be
amended by the commissioner proceeding in accordance with the
administrative procedure act.
Subd. 7. Federal regulations and amendments thereto in
effect on April 1, 1987 1988, adopted under the Fair Packaging
and Labeling Act, as provided by United States Code, title 15,
sections 1451 to 1461, are the rules in this state. Such rules
may be amended by the commissioner proceeding in accordance with
the administrative procedure act; provided that the commissioner
shall not adopt amendments to such rules or adopt other rules
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.
Subd. 8. Applicable federal regulations including
recodification contained in Code of Federal Regulations, title
21, parts 0-1299, Food and Drugs, in effect April 1, 1987 1988,
and not otherwise adopted herein, also are adopted as food rules
of this state. Such rules may be amended by the commissioner in
accordance with the administrative procedure act.
Sec. 2. Minnesota Statutes 1988, section 31.102,
subdivision 1, is amended to read:
Subdivision 1. Federal definitions and standards of
identity, quality and fill of container and amendments thereto,
in effect on April 1, 1975 1988, adopted under authority of the
federal act, are the definitions and standards of identity,
quality and fill of container in this state. Such rules may be
amended by the commissioner proceeding in accordance with the
administrative procedure act.
Sec. 3. Minnesota Statutes 1988, section 31.103,
subdivision 1, is amended to read:
Subdivision 1. All labels of consumer commodities shall
conform with the requirements for the declaration of net
quantity of contents of section 4 of the Fair Packaging and
Labeling Act (United States Code, title 15, section 1451 et
seq.) and federal regulations in effect on April 1, 1975 1988,
promulgated pursuant thereto, except to the extent that the
commissioner shall exercise authority to amend such rules in
accordance with the administrative procedure act. Consumer
commodities exempted from the requirements of section 4 of the
Fair Packaging and Labeling Act shall also be exempt from this
subdivision.
Sec. 4. Minnesota Statutes 1988, section 31.104, is
amended to read:
31.104 [FOOD LABELING EXEMPTION RULES.]
The commissioner shall promulgate rules exempting from any
labeling requirement food which is, in accordance with the
practice of the trade, to be processed, labeled or repacked in
substantial quantities at establishments other than those where
originally processed or packed, on condition that such food is
not adulterated or misbranded upon removal from such processing,
labeling or repacking establishment.
Federal regulations in effect on April 1, 1975 1988,
adopted under authority of the federal act relating to such
exemptions are effective in this state unless the commissioner
shall exercise authority to amend such regulations. The
commissioner also may promulgate amendments to existing rules
concerning exemptions in accordance with the administrative
procedure act.
Sec. 5. Minnesota Statutes 1988, section 31.11, is amended
to read:
31.11 [RULES.]
Subdivision 1. [FOOD LAWS.] 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 also be the duty of the
commissioner to make and publish uniform rules, not inconsistent
with law, for carrying out and enforcing the provisions of laws
now or hereafter enacted relating to food; which rules shall be
made in the manner provided by law. Until such rules are made
and published, the rules heretofore made by the commissioner
shall remain in full force and effect, except as otherwise
prescribed by law. Any person who shall manufacture, use, sell,
transport, offer for use, sale or transportation, or have in
possession with intent to use, sell or transport, any article of
food contrary to the provisions of any such rule, or who shall
fail to comply with any such rule, shall be guilty of a
misdemeanor.
Subd. 2. [PLAN REVIEW FEES.] The commissioner shall, by
rule, set plan review fees that will approximate the cost to the
department of its review of plans and specifications submitted
by food handlers.
There is created in the state treasury an account known as
the food handler plan review fund. Fees paid under this
subdivision must be deposited in the food handler plan review
fund. Money in the food handler plan review fund is annually
appropriated to the commissioner to pay the costs of the food
handler plan and specifications review program.
ARTICLE 12
SOY-BASED INK
Section 1. [16B.125] [PRINTING INKS; STATE PRINTING.]
Subdivision 1. [DEFINITION; SOY-BASED INK.] For the
purposes of this section, "soy-based ink" means printing ink
made from soy oil.
Subd. 2. [STATE PRINTER.] Whenever practical and
economically feasible, the state printer shall consider the use
of soy-based ink for printing orders or projects. The printer
shall also advise state agencies on and encourage them to use
materials and printing processes that allow for the use of
soy-based ink.
Subd. 3. [STATE AGENCIES; PRINTING CONTRACTS.] When a
state agency seeks to enter a contract for printing with, or
otherwise purchases printing from, the state or another printer,
the agency shall consider, when practical and economically
feasible, specifying the use of soy-based ink when it can
specify use of a newsprint product that is printed on a
non-heat-set web press or a sheet-fed press. Whenever
practical, a state agency shall consider specifying materials
and printing processes that enable use of soy-based ink.
Subd. 4. [DETERMINATION OF USE.] When the state printer or
a state agency is making a determination whether to use
soy-based ink or not, the state printer or agency shall consider
the practicality of soy-based ink with regard to the type of
paper to be used in the project, the production schedule
required, the type of printing equipment likely to be used, the
availability of ink, the relative total project costs for using
conventional ink versus soy-based ink, and any other relevant
considerations.
ARTICLE 13
MINNESOTA-GROWN WIC COUPONS
Section 1. [MINNESOTA-GROWN COUPONS FOR WIC RECIPIENTS.]
The commissioner of agriculture, in cooperation with the
commissioner of health, shall conduct demonstration projects in
conjunction with federal programs to give Minnesota-grown
coupons redeemable for food identified with a Minnesota-grown
logo or labeling statement at selected sites to participants in
the federal supplemental food program for women, infants, and
children. The commissioner shall conduct an evaluation of the
demonstration projects, prepare a report, and submit the report
to the legislature by January 15, 1990.
ARTICLE 14
NOXIOUS WEED CONTROL
Section 1. [18.192] [LOCAL SUSPENSION OF NOXIOUS WEED
CONTROL.]
During a drought, a town board may suspend the duty of
owners and occupants of land and road maintenance personnel to
control noxious weeds if the vegetation is to be harvested for
livestock feed under sections 18.191 to 18.272, except under
order by the commissioner or the local weed inspector.
ARTICLE 15
CHEESE MARKETING STUDY
Section 1. [INVESTIGATION OF CHEESE MARKETING; REPORT.]
(a) The commissioner of agriculture shall conduct an
investigation and economic analysis of cheese marketing
practices within the state, the upper midwest region, and the
United States. The purpose of the investigation is to evaluate
the extent to which dairy farmers and cheese producers in
Minnesota are benefited by local and regional institutions and
practices through which cheese and cheese products are marketed.
(b) In conducting the investigation and economic analysis
of cheese marketing practices and institutions, the commissioner
shall, to the greatest practicable extent, solicit the
cooperation and participation of dairy farmer producers, dairy
processors, farm cooperatives, and agricultural businesses
involved in the dairy industry.
(c) Not later than March 1, 1990, the commissioner shall
report to the agriculture committees of the senate and the house
of representatives the findings from the investigation and
economic analysis of cheese marketing institutions and
practices. The commissioner may also recommend legislation to
improve cheese marketing conditions for Minnesota dairy farmers
and cheese producers.
ARTICLE 16
MEDIATION AND FIRST REFUSAL
Section 1. Minnesota Statutes 1988, section 500.24,
subdivision 6, is amended to read:
Subd. 6. [DISPOSAL OF LAND.] (a) A state or federal
agency, limited partnership, or a corporation, other than a
family farm corporation or an authorized farm corporation, may
not lease or sell agricultural land or a farm homestead that was
acquired by enforcing a debt against the agricultural land or
farm homestead, including foreclosure of a mortgage, accepting a
deed in lieu of foreclosure, terminating a contract for deed, or
accepting a deed in lieu of terminating a contract for deed,
before offering or making a good faith effort to offer the land
for sale or lease to the immediately preceding former owner at a
price no higher than the highest price offered by a third party
that is acceptable to the seller or lessor. The offer must be
made on the notice to offer form under subdivision 7. The
requirements of this subdivision do not apply to a sale or lease
by a corporation that is a family farm corporation or an
authorized farm corporation. This subdivision applies only to a
sale or lease when the seller or lessor acquired the property by
enforcing a debt against the agricultural land or farm
homestead, including foreclosure of a mortgage, accepting a deed
in lieu of foreclosure, terminating a contract for deed, or
accepting a deed in lieu of terminating a contract for deed.
Selling or leasing property to a third party at a price is prima
facie evidence that the price is acceptable to the seller or
lessor. The seller must provide written notice to the
immediately preceding former owner that the agricultural land or
farm homestead will be offered for sale at least 14 days before
the agricultural land or farm homestead is offered for sale.
(b) An immediately preceding former owner is the entity
with record legal title to the agricultural land or farm
homestead before acquisition by the state or federal agency or
corporation except: if the immediately preceding former owner
is a bankruptcy estate, the debtor in bankruptcy is the
immediately preceding former owner; and if the agricultural land
or farm homestead was acquired by termination of a contract for
deed or deed in lieu of termination of a contract for deed, the
immediately preceding former owner is the purchaser under the
contract for deed. For purposes of this subdivision, only a
family farm, family farm corporation, or family farm partnership
can be an immediately preceding former owner.
(c) An immediately preceding former owner may elect to
purchase or lease the entire property or an agreed to portion of
the property. If the immediately preceding former owner elects
to purchase or lease a portion of the property, the election
must be reported in writing to the seller or lessor prior to the
time the property is first offered for sale or lease. If
election is made to purchase or lease a portion of the property,
the portion must be contiguous and compact so that it does not
unreasonably reduce access to or the value of the remaining
property.
(d) For purposes of this subdivision, the term "a price no
higher than the highest price offered by a third party" means
the acceptable cash price offered by a third party or the
acceptable time-price offer made by a third party. A cash price
offer is one that involves simultaneous transfer of title for
payment of the entire amount of the offer. If the acceptable
offer made by a third party is a time-price offer, the seller or
lessor must make the same time-price offer or an equivalent cash
offer to the immediately preceding former owner. An equivalent
cash offer is equal to the total of the payments made over a
period of the time-price offer discounted by yield curve of the
United States treasury notes and bonds of similar maturity on
the first business day of the month in which the offer is
personally delivered or mailed for time periods similar to the
time period covered by the time-price offer, plus 2.0 percent.
A time-price offer is an offer that is financed entirely or
partially by the seller and includes an offer to purchase under
a contract for deed or mortgage. An equivalent cash offer is
not required to be made if the state participates in an offer to
a third party through the rural finance authority.
(e) This subdivision applies to a seller when the property
is sold and to a lessor each time the property is leased, for
five years after the agricultural land is acquired except:
(1) an offer to lease to the immediately preceding former
owner is required only until the immediately preceding owner
fails to accept an offer to lease the property or the property
is sold;
(2) an offer to sell to the immediately preceding former
owner is required until the property is sold; and
(3) if the immediately preceding former owner elects to
lease or purchase a portion of the property, this subdivision
does not apply to the seller with regard to the balance of the
property after the election is made under paragraph (c).
(f) The notice of an offer under subdivision 7 that is
personally delivered with a signed receipt or sent by certified
mail with a receipt of mailing to the immediately preceding
former owner's last known address is a good faith offer.
(g) This subdivision does not apply to a sale or lease that
occurs after the seller or lessor has held the property for five
years or longer.
(h) For purposes of this subdivision, if the immediately
preceding former owner is a bankruptcy estate the debtor in the
bankruptcy is the immediately preceding owner.
(i) The immediately preceding former owner must exercise
the right to lease all or a portion of the agricultural land or
a homestead located on agricultural land in writing within 15
days after an offer to lease under this subdivision is mailed
with a receipt of mailing or personally delivered. If election
is made to lease only the homestead or a portion of the
agricultural land, the portion to be leased must be clearly
identified in writing. The immediately preceding former owner
must exercise the right to buy the agricultural land, a portion
of the agricultural land, or a farm homestead located on
agricultural land, in writing, within 65 days after an offer to
buy under this subdivision is mailed with a receipt of mailing
or is personally delivered. Within ten days after exercising
the right to lease or buy by accepting the offer, the
immediately preceding owner must fully perform according to the
terms of the offer including paying the amounts due. A seller
may sell and a lessor may lease the agricultural land or farm
homestead subject to this subdivision to the third party in
accordance with their lease or purchase agreement if:
(1) the immediately preceding former owner does not accept
an offer to lease or buy before the offer terminates; or
(2) the immediately preceding former owner does not perform
the obligations of the offer, including paying the amounts due,
within ten days after accepting the offer.
(j) A certificate indicating whether or not the property
contains agricultural land or a farm homestead that is signed by
the county assessor where the property is located and recorded
in the office of the county recorder or the registrar of titles
where the property is located is prima facie evidence of whether
the property is agricultural land or a farm homestead.
(k) As prima facie evidence that an offer to sell or lease
agricultural land or a farm homestead has terminated, a receipt
of mailing the notice under subdivision 7 and an affidavit,
signed by a person authorized to act on behalf of a state,
federal agency, or corporation selling or leasing the
agricultural land or a farm homestead may be filed in the office
of the county recorder or registrar of titles of the county
where the agricultural land or farm homestead is located. The
affidavit must state that:
(1) notice of an offer to buy or lease the agricultural
land or farm homestead was provided to the immediately preceding
former owner at a price not higher than the highest price
offered by a third party that is acceptable;
(2) the time during which the immediately preceding former
owner is required to exercise the right to buy or lease the
agricultural land or farm homestead has expired;
(3) the immediately preceding former owner has not
exercised the right to buy or lease the agricultural land or
farm homestead as provided in this subdivision or has accepted
an offer and has not fully performed according to the terms of
the offer; and
(4) the offer to the immediately preceding former owner has
terminated.
(l) The right of an immediately preceding former owner to
receive an offer to lease or purchase agricultural land under
this subdivision or to lease or purchase at a price no higher
than the highest price offered by a third party that is
acceptable to the seller or lessor may be extinguished or
limited by an express statement signed by the immediately
preceding owner that complies with the plain language
requirements of section 325G.31. The right may not be
extinguished or limited except by:
(1) an express statement in a deed in lieu of foreclosure
of the agricultural land;
(2) an express statement in a deed in lieu of a termination
of a contract for deed for the agricultural land;
(3) an express statement conveying the right to the state
or federal agency or corporation owning the agricultural land
that is required to make an offer under this subdivision,
however, the preceding former owner may rescind the conveyance
by notifying the state or federal agency or corporation in
writing within 20 calendar days after signing the express
statement;
(4) to cure a title defect, an express statement conveying
the right may be made to a person to whom the agricultural land
has been transferred by the state or federal agency or
corporation; or
(5) an express statement conveying the right to a contract
for deed vendee to whom the agricultural land or farm homestead
was sold under a contract for deed by the immediately preceding
former owner if the express statement and the contract for deed
are recorded.
(m) The right of an immediately preceding former owner to
receive an offer to lease or purchase agricultural land under
this subdivision may not be assigned or transferred except as
provided in paragraph (l), but may be inherited.
(n) An immediately preceding former owner, except a former
owner who is actively engaged in farming as defined in
subdivision 2, paragraph (a), and who agrees to remain actively
engaged in farming on a portion of the agricultural land or farm
homestead for at least one year after accepting an offer under
this subdivision, may not sell agricultural land acquired by
accepting an offer under this subdivision if the arrangement of
the sale was negotiated or agreed to prior to the former owner
accepting the offer under this subdivision. A person who sells
property in violation of this paragraph is liable for damages
plus reasonable attorney fees to a person who is damaged by a
sale in violation of this paragraph. There is a rebuttable
presumption that a sale by an immediately preceding former owner
is in violation of this paragraph if the sale takes place within
180 270 days of the former owner accepting the offer under this
subdivision. This paragraph does not apply to a sale by an
immediately preceding former owner to the owner's spouse, the
owner's parents, the owner's sisters and brothers, the owner's
spouse's sisters and brothers, or the owner's children.
Sec. 2. Minnesota Statutes 1988, section 550.37,
subdivision 4a, is amended to read:
Subd. 4a. [ADJUSTMENT OF DOLLAR AMOUNTS.] (a) Except for
subdivisions 5 and 7, the dollar amounts in this section shall
change periodically as provided in this subdivision to the
extent of changes in the implicit price deflator for the gross
national product, 1972 = 100, compiled by the United States
Department of Commerce, and hereafter referred to as the index.
The index for December, 1980, is the reference base index.
(b) The designated dollar amounts shall change on July 1 of
each even-numbered year if the percentage of change, calculated
to the nearest whole percentage point, between the index for
December of the preceding year and the reference base index is
ten percent or more. The portion of the percentage change in
the index in excess of a multiple of ten percent shall be
disregarded and the dollar amounts shall change only in
multiples of ten percent of the amounts stated in this section.
(c) If the index is revised, the percentage of change
pursuant to this section shall be calculated on the basis of the
revised index. If a revision of the index changes the reference
base index, a revised reference base index shall be determined
by multiplying the reference base index then applicable by the
rebasing factor furnished by the department of commerce. If the
index is superseded, the index referred to in this section is
the one represented by the department of commerce as reflecting
most accurately changes in the purchasing power of the dollar
for consumers.
(d) The commissioner of commerce shall announce and publish:
(1) on or before April 30 of each year in which dollar
amounts are to change, the changes in dollar amounts required by
paragraph (b); and
(2) promptly after the changes occur, changes in the index
required by paragraph (c) including, if applicable, the
numerical equivalent of the reference base index under a revised
reference base index and the designation or title of any index
superseding the index.
(e) A person does not violate this chapter with respect to
a transaction otherwise complying with this chapter if the
person relies on dollar amounts either determined according to
paragraph (b) or appearing in the last publication of the
commissioner announcing the then current dollar amounts.
Sec. 3. Minnesota Statutes 1988, section 550.37,
subdivision 5, is amended to read:
Subd. 5. Farm machines and implements used in farming
operations by a debtor engaged principally in farming,
livestock, farm produce, and standing crops, not exceeding
$10,000 $13,000 in value. When a debtor is a partnership of
spouses or a partnership of natural persons related to each
other within the third degree of kindred according to the rules
of the civil law, for the purposes of the exemption in this
subdivision, the partners may elect to treat the assets of the
partnership as assets of the individual partners.
Sec. 4. Minnesota Statutes 1988, section 550.37,
subdivision 7, is amended to read:
Subd. 7. The total value of property selected by a debtor
pursuant to subdivisions 5 and 6 shall not
exceed $10,000 $13,000, if the exemptions under subdivisions 5
and 6 are combined.
Sec. 5. Minnesota Statutes 1988, section 583.24,
subdivision 4, is amended to read:
Subd. 4. [DEBTS.] (a) The farmer-lender mediation act does
not apply to a debt:
(1) for which a proof of claim form has been filed in
bankruptcy by a creditor or that was listed as a scheduled debt,
of a debtor who has filed a petition in bankruptcy after July 1,
1987, under United States Code, title 11, chapter 7, 11, 12, or
13;
(2) if the debt was in default when the creditor received a
mediation proceeding notice under the farmer-lender mediation
act and the creditor filed a claim form, the debt was mediated
during the mediation period under section 583.26, subdivision 8,
and (i) the mediation was unresolved; or (ii) a mediation
agreement with respect to that debt was signed;
(3) for which the creditor has served a mediation notice,
the debtor has failed to make a timely request for mediation,
and within 30 45 days after the debtor failed to make a timely
request the creditor began a proceeding to enforce the debt
against the agricultural property of the debtor;
(4) for which a creditor has received a mediation
proceeding notice and the creditor and debtor have restructured
the debt and have signed a separate mediation agreement with
respect to that debt; or
(5) for which there is a lien for rental value of farm
machinery under section 514.661 or a lien for rental value
relating to a contract for deed subject to the farmer-lender
mediation act under section 559.2091.
(b) For purposes of paragraph (a), clause (3), providing a
copy of a forbearance policy is considered beginning a
proceeding to enforce a debt if the board of an institution has
adopted a forbearance policy that provides for deferring or
rescheduling payments of principal or interest, renewal or
extension of loan terms, reduction in the amount or rate of
principal or interest due on a loan, or other similar actions,
and requires that the debtor must receive a copy of the policy
at least 20 days prior to loan acceleration or debt collection
proceedings.
Sec. 6. Minnesota Statutes 1988, section 583.26,
subdivision 1, is amended to read:
Subdivision 1. [MEDIATION NOTICE.] (a) A creditor desiring
to start a proceeding to enforce a debt against agricultural
property under chapter 580 or 581 or sections 336.9-501 to
336.9-508, to terminate a contract for deed to purchase
agricultural property under section 559.21, or to garnish, levy
on, execute on, seize, or attach agricultural property, must
serve an applicable mediation notice under sections 336.9-501,
550.365, 559.209, and 582.039 on the debtor and the director.
The creditor must also file with the director proof of the date
the mediation notice was served on the debtor. The creditor may
not begin the proceeding until the stay of the creditor's
remedies is lifted under subdivision 5, or as allowed under
sections 583.20 to 583.32.
(b) For purposes of the farmer-lender mediation act,
starting a proceeding to enforce a debt means initiating a
proceeding under chapter 550, 580, or 581; sections 336.9-501 to
336.9-508; or section 559.21.
(c) The director shall combine all mediation notices for
the same debtor that are received prior to the initial mediation
meeting into one mediation proceeding.
Sec. 7. Laws 1983, chapter 215, section 16, as amended by
Laws 1984, chapter 474, section 7, as amended by Laws 1985,
chapter 306, section 26, as amended by Laws 1987, chapter 292,
section 36, is amended to read:
Sec. 16. [REPEALER.]
Sections 1 to 15 are repealed effective July 1, 1989 1990,
but any postponement or other relief ordered by a court
continues to be valid for the period ordered by the court.
Sec. 8. Laws 1986, chapter 398, article 1, section 18, as
amended by Laws 1987, chapter 292, section 37, is amended to
read:
Sec. 18. [REPEALER.]
Sections 1 to 17 and Minnesota Statutes, section 336.9-501,
subsections (6) and (7), and sections 583.284, 583.285, and
583.305, are repealed on July 1, 1989 1990.
Sec. 9. [FAMILY FARM SECURITY PROGRAM TRANSFER STUDY.]
A joint senate and house committee shall study the
efficiency and appropriateness of terminating the family farm
security program and transferring its loans, acquired
properties, and personnel to the rural finance authority.
ARTICLE 17
ADVISORY TASK FORCE ON FARM SAFETY
Section 1. [ADVISORY TASK FORCE ON FARM SAFETY.]
Subdivision 1. [PURPOSE AND DUTIES.] An advisory task
force on farm safety consisting of 11 members is established.
The principal purpose of the task force is to determine ways in
which the very high risks of accident and injury to farm
operators and their families and employees can be minimized.
The task force may review relevant research and studies by other
groups and organizations within or outside of Minnesota. The
task force may give particular attention to the safety of farm
children and youth, accident prevention, equipment design,
stress management, and safety education.
Subd. 2. [MEMBERSHIP.] The commissioner of agriculture
shall appoint members of the task force who are broadly
representative of groups with an interest in farm safety. At
least one member must represent each of the following: farm
operators; farm organizations; farm equipment manufacturers or
dealers; the rural health care industry; the agricultural
chemicals industry; the insurance industry; and the Minnesota
extension service. The subcommitee on committees of the senate
and the speaker of the house shall each appoint one member of
the task force from their respective agriculture committees.
Subd. 3. [EXPENSES AND EXPIRATION.] Expenses and
expiration of the task force are governed by Minnesota Statutes,
section 15.059, subdivision 6.
Subd. 4. [STAFF ASSISTANCE.] The commissioner of
agriculture shall provide staff assistance as required for
efficient operation of the task force.
Subd. 5. [REPORTS.] On or before March 1, 1990, the task
force shall report to the house and senate committees on
agriculture its findings and recommendations for legislation on
farm accident prevention and other public policy changes that
would be likely to improve health and safety on Minnesota farms.
Subd. 6. [FUNDING.] In addition to money appropriated for
purposes of this article, the commissioner may solicit from
organizations and individuals contributions of money or in-kind
services for purposes of the advisory task force and its report.
ARTICLE 18
MOTOR FUEL LABELING
Section 1. Minnesota Statutes 1988, section 239.79,
subdivision 2, is amended to read:
Subd. 2. [GASOLINE-ALCOHOL BLENDS; IDENTIFICATION PRODUCT
INFORMATION.] When gasoline blended with alcohol is sold,
offered for sale, or dispensed for use in motor vehicles, the
dispenser shall be clearly marked to identify the type of
alcohol, if more than one percent by volume, blended with the
gasoline. The marking must consist of a white or yellow
adhesive decal at least two inches by six inches with clearly
printed black lettering at least one-half inch high and
one-eighth inch in stroke. The marking shall be conspicuously
displayed on both sides of the dispenser and state that the
gasoline "CONTAINS ETHANOL" or "CONTAINS METHANOL" or has been
"ETHANOL ENRICHED." This subdivision does not prohibit the
posting of other alcohol or additive information in compliance
with requirements of Code of Federal Regulations, title 40, part
80.27(d).
ARTICLE 19
WILD RICE LABELING
Section 1. Minnesota Statutes 1988, section 30.49, is
amended to read:
30.49 [PADDY GROWN WILD RICE LABELING.]
Subdivision 1. [CULTIVATED WILD RICE.] All (a) Except as
provided in paragraph (b), wild rice which containing a portion
of wild rice that is planted or cultivated and which is offered
for wholesale or retail sale in this state shall must be plainly
and conspicuously labeled as either "paddy grown" or as
"cultivated" in letters of a size and form prescribed by the
commissioner.
(b) Cultivated wild rice sold for international commerce is
exempt from this subdivision.
Subd. 2. [NATURAL LAKE OR RIVER WILD RICE.] (a) A package
containing only 100 percent natural lake or river wild rice that
is offered for sale at wholesale or retail sale in this state
may be plainly and conspicuously labeled as "100 percent
naturally grown, lake and river harvested" in letters of a size
and form prescribed by the commissioner. A package of wild rice
labeled "100 percent naturally grown, lake and river harvested"
must also contain the license number issued under section 84.152
of the last licensed dealer, if any, who handled the wild rice.
(b) A package that does not contain 100 percent natural
lake or river wild rice may not contain a label authorized under
paragraph (a).
Subd. 3. [RECORDS.] (a) A person who buys, sells,
processes, or markets over 500 pounds of wild rice not for use
in packaged blended rice and ready-to-eat rice must maintain the
following records and shall submit annual reports on or before
December 31 of each year to the commissioners of agriculture and
natural resources. A person who buys or sells, processes, or
markets wild rice not for use in packaged blended rice and
ready-to-eat rice shall provide the department, on demand,
relevant information from the records required under this
section.
(b) The report must contain:
(1) the date of each transaction;
(2) the quantity of wild rice bought or sold;
(3) an identification of whether the wild rice is
cultivated or paddy grown, or whether it is naturally grown lake
and river-harvested wild rice;
(4) the names and addresses of the parties of the
transaction and the department of natural resources license or
permit numbers;
(5) the lot numbers of all the wild rice bought or sold in
each transaction; and
(6) documents that track the rice, by lot number, through
processing and the assignment of a final lot number on the
finished product offered for distribution or sale in Minnesota.
Subd. 4. [FAIR PACKAGING AND LABELING.] Natural lake and
river-harvested wild rice from public waters and cultivated or
paddy grown wild rice are separate and distinct ingredients
under the fair packaging and labeling provisions of section
31.103.
Subd. 5. [MISBRANDING RELATING TO INDIAN HARVESTED OR
PROCESSED WILD RICE.] A wild rice label that implies the wild
rice is harvested or processed by Indians is misbranded unless
the package contains only 100 percent natural lake or river wild
rice harvested by Indians.
Subd. 6. [PACKAGED BLENDED RICE AND READY-TO-EAT RICE.] A
package containing a blend of wild rice and at least 40 percent
other grains or food products, and puffed or ready-to-eat wild
rice, are exempt from this section, except subdivisions 3, 5,
and 7.
Subd. 7. [PENALTY.] Any person who sells wild rice at
wholesale or retail which is not labeled as required by this
section is guilty of a misdemeanor.
Sec. 2. [REPEALER.]
Minnesota Statutes 1988, section 84.152, subdivision 5, is
repealed.
Sec. 3. [EFFECTIVE DATE.]
Section 1, subdivisions 3, 6, and 7, and section 2 are
effective July 1, 1989.
Section 1, subdivisions 1, 2, 4, and 5, are effective
January 1, 1990, except that subdivision 5 as it applies to
subdivision 6 is effective July 1, 1989.
ARTICLE 20
APPROPRIATIONS
Section 1. [FEDERAL CROP INSURANCE.]
$700,000 is appropriated from the general fund to the
commissioner of agriculture for making the federal crop
insurance premium reimbursements under article 1. This
appropriation remains available until June 30, 1990.
Sec. 2. [VOCATIONAL PROGRAMS.]
$700,000 is appropriated from the general fund to the state
board of vocational technical education for:
(1) new staff for farm, small business management,
beginning farmer programs, and enterprise classes specific to
community needs; and
(2) evaluation of computerized farm business analysis
system options.
Sec. 3. [GRAIN INSPECTION COSTS; DULUTH.]
$70,000 is appropriated from the general fund to the
commissioner of agriculture to be applied to the mandated cost
of state grain inspection of bagged grain at the Seaway Port
Authority of Duluth. Of this appropriation $35,000 is available
for the first year and $35,000 is available for the second year
of the biennium ending June 30, 1991. If the appropriation for
either year is insufficient the appropriation for the other year
is available.
Sec. 4. [MARKETING MINNESOTA PRODUCTS.]
Subdivision 1. [APPROPRIATION.] $150,000 is appropriated
from the general fund to the commissioner of agriculture for
purposes of improving market opportunities for Minnesota
products. This appropriation is available for the biennium
ending June 30, 1991, and may be used for activities under
subdivisions 2 and 3.
Subd. 2. [MARKET OPPORTUNITY RESEARCH.] The commissioner
of agriculture shall increase the amount of information on the
availability of foreign and domestic niche markets for specialty
crops to producers and processors in the state including
feasibility of expanding domestic markets for existing products,
research of new foreign niche markets for potential new
specialty crops in the state, and analysis of the existing
market structure for state products.
The complement of the department of agriculture is
increased by one position for activities under this subdivision.
Subd. 3. [MARKETING INFORMATION AND DIRECT MARKETING
ASSISTANCE FOR AGRICULTURAL PRODUCTS.] The commissioner shall
assist producers in overcoming obstacles to direct marketing of
existing products and potential new products in domestic and
foreign potential niche markets, and to assist producers in
organizing and marketing through producer organizations, such as
producer and marketing cooperatives.
The complement of the department of agriculture is
increased by two positions for activities under this subdivision.
Sec. 5. [BY-PRODUCT SOIL BUFFERING.]
$100,000 is appropriated from the general fund to the
commissioner of agriculture for purposes of the demonstration
project and study of industry by-product soil buffering
materials in Laws 1988, chapter 688, article 7, to be available
until June 30, 1991.
Sec. 6. [AGRICULTURE LAND PRESERVATION AND CONSERVATION.]
$100,000 is appropriated from the general fund to the
commissioner of agriculture to administer the agricultural land
preservation and conservation responsibilities contained in
Minnesota Statutes, chapter 40A, to be available until June 30,
1991.
The approved complement of the department of agriculture is
increased by one position.
Sec. 7. [GRASSHOPPER CONTROL.]
$75,000 is appropriated from the general fund to the
commissioner of agriculture for the grasshopper control program
established in article 10. This appropriation is available for
the biennium ending June 30, 1991.
Sec. 8. [AGRICULTURAL DATA COLLECTION TASK FORCE.]
$30,000 is appropriated from the general fund to the
commissioner of agriculture to be available until June 30, 1991,
to fund the activities of the agricultural data collection task
force. This appropriation is available only with the approval
of the governor after consultation with the legislative advisory
commission under Minnesota Statutes, section 3.30.
Sec. 9. [MINNESOTA DAIRY TASK FORCE.]
$30,000 is transferred from the dairy unfair trade
practices account to the commissioner of agriculture to be
available until June 30, 1991, to be matched on a one-to-one
basis by money from nonstate sources to pay for the expenses of
the Minnesota dairy task force and pilot projects under Laws
1988, chapter 688, article 3, section 1.
Sec. 10. [COMMUNITY NEEDS ASSESSMENT.]
$150,000 is appropriated from the general fund to the
commissioner of trade and economic development for the community
needs assessment model project as provided in article 2. This
appropriation is available for the biennium ending June 30, 1991.
Sec. 11. [AEROSPACE EXPLORATORIUM.]
$10,000 is appropriated from the general fund to the
commissioner of trade and economic development to study the
feasibility of an aerospace exploratorium at Sherburn,
Minnesota, to be available until June 30, 1991.
Sec. 12. [PORTABLE COMPUTERIZED FERTILIZATION.]
$75,000 is appropriated from the general fund to the
University of Minnesota for a project by the department of soil
science to design, develop, and demonstrate a portable
computerized system automatically adapting fertilization rates
to soil characteristics using existing on-farm applicators.
This appropriation is available for the biennium ending June 30,
1991.
Sec. 13. [AGRICULTURAL CONTRACT TASK FORCE.]
$50,000 is appropriated from the general fund to the
commissioner of agriculture to be available until June 30, 1990,
to provide support services for the agricultural contract task
force under Laws 1988, chapter 688, article 13, section 1, to
compile and analyze the laws of other states relating to
agricultural contracting issues, coordinate production of a
brochure for producers with information about agricultural
contracting, and prepare and submit a final report and
recommendations to the legislature by January 1, 1991.
Sec. 14. [ORGANIC CERTIFICATION.]
$100,000 is appropriated from the general fund to the
commissioner of agriculture to be available for the fiscal year
ending June 30, 1990, for a grant to an organic certification
organization to continue the certification program for
organically grown seeds, products, and food as authorized in
Minnesota Statutes, section 31.95.
Sec. 15. [AQUICULTURE.]
$150,000 is appropriated from the general fund to the
commissioner of agriculture to be available until June 30, 1991,
for aquiculture research, demonstration, and promotion.
The approved complement of the department of agriculture is
increased by one position.
Sec. 16. [SHADE TREE ADVISORY COMMITTEE.]
$20,000 is appropriated from the general fund to the
commissioner of agriculture for disbursement to the shade tree
advisory committee for the costs of the committee and consulting
services in connection with the study directed by article 8.
Sec. 17. [HEALTH SCREENING.]
$150,000 is appropriated from the general fund for the
biennium ending June 30, 1991, to the commissioner of
agriculture to provide funding to the environmental pathology
program of the University of Minnesota's department of
laboratory medicine and pathology and department of family
practice and community health to conduct a health screening and
intervention program for herbicide and fumigant applicators in
the state. This appropriation is nonrecurring and shall not be
included in the base for the 1991-1993 biennial budget request.
Sec. 18. [SMALL RUMINANT SPECIALIST.]
$40,000 is appropriated from the general fund to the
University of Minnesota for use by the Minnesota extension
service to fund a research and teaching position on small
ruminant animals. This appropriation represents 25 percent of
the anticipated total cost of the position that will be jointly
funded to the extent of approximately 50 percent by the
university college of veterinary medicine and 25 percent by the
agricultural experiment stations in cooperation with the
university department of animal science. This appropriation is
available for the biennium ending June 30, 1991. The
appropriation is nonrecurring and shall not be included in the
base for the 1991-1993 biennial budget request.
Sec. 19. [KANARANZI-LITTLE ROCK WATERSHED DISTRICT.]
$50,000 is appropriated from the general fund to the board
of water and soil resources for a grant to the Kanaranzi-Little
Rock watershed district for purposes of implementing a federal
conservation project in the district. This appropriation is
available for the biennium ending June 30, 1991.
Sec. 20. [AGRICULTURE INFORMATION CENTERS.]
$200,000 is appropriated from the general fund to the
commissioner of agriculture for agriculture information
centers. This appropriation requires a dollar for dollar
nonstate match. The general fund appropriation may be released
at the rate of one dollar for each dollar of matching nonstate
money that is raised. The commissioner may credit in-kind
contributions from nonstate sources for up to one-half of the
required nonstate match.
Sec. 21. [COUNTY AND DISTRICT AGRICULTURAL SOCIETIES.]
$112,000 is appropriated from the general fund to the
commissioner of agriculture as supplemental funding to provide
state aid to county and district agricultural societies under
Minnesota Statutes, section 38.02, during the fiscal year ending
June 30, 1990.
Sec. 22. [PSEUDORABIES RESEARCH.]
$175,000 is appropriated from the general fund to the
University of Minnesota for further research on pseudorabies and
the control or eradication of pseudorabies in Minnesota. This
appropriation is available for the biennium ending June 30,
1991. The appropriation is nonrecurring and shall not be
included in the base for the 1991-1993 biennial budget request.
Sec. 23. [PSEUDORABIES CONTROL.]
$175,000 is appropriated from the general fund to the board
of animal health for continuing and expanding a control program
for pseudorabies in swine. The program must be coordinated by
board of animal health personnel. This appropriation is for the
biennium ending June 30, 1991, and is in addition to other
appropriations to the board of animal health for pseudorabies
control.
Sec. 24. [BLUEGRASS RESEARCH AND EVALUATION.]
$45,000 is appropriated from the general fund to the
University of Minnesota to be available until June 30, 1991, for
bluegrass seed production research and seed and turf evaluation.
Sec. 25. [FORAGE AND TURF SEED SPECIALIST; CROOKSTON
CAMPUS.]
$50,000 is appropriated from the general fund to the
University of Minnesota for a crop management specialist on seed
production of forage and turf species in northern Minnesota, and
for supplies, services, and expenses related to the specialist's
work. The specialist must be located at the Crookston campus of
the university. This appropriation is available for the fiscal
year ending June 30, 1990.
Sec. 26. [BARLEY RESEARCH AND PROMOTION.]
$20,000 is appropriated from the general fund to the
commissioner of agriculture to assist in the implementation of
research and promotional orders for barley under Minnesota
Statutes, sections 17.51 to 17.69. Of this appropriation,
$10,000 is available for the first year and $10,000 is available
for the second year of the biennium ending June 30, 1991.
Sec. 27. [ETHANOL PROMOTION.]
Notwithstanding Minnesota Statutes, section 41A.09,
subdivision 1, $75,000 is appropriated from the general fund to
the commissioner of agriculture for the biennium ending June 30,
1991, for the purpose of promoting ethanol fuel usage.
Sec. 28. [MINNESOTA-GROWN WIC COUPONS.]
$125,000 is appropriated from the general fund to the
commissioner of agriculture for the biennium ending June 30,
1991, to be available for a demonstration project to provide
Minnesota-grown coupons to participants in the federal
supplemental food program for women, infants, and children under
article 13.
Sec. 29. [TASK FORCE ON FARM SAFETY.]
$5,000 is appropriated from the general fund to the
commissioner of agriculture for purposes of the advisory task
force on farm safety under article 17.
Sec. 30. [FARMER-LENDER MEDIATION COSTS.]
$300,000 is appropriated from the general fund to the
Minnesota Extension Service for expenses of the farmer-lender
mediation program. This appropriation is available for the
fiscal year ending June 30, 1990.
Sec. 31. [FARM ADVOCATES PROGRAM.]
$100,000 is appropriated from the general fund to the
commissioner of agriculture for support of the farm advocates
program. This appropriation is available for the fiscal year
ending June 30, 1990.
By March 1, 1990, the commissioner shall report on the
activities of the farm advocates program to the agriculture
committees of the senate and house of representatives.
Presented to the governor May 30, 1989
Signed by the governor June 2, 1989, 10:10 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes