Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 547-S.F.No. 1999 
           An act relating to agriculture; changing certain 
          duties, procedures, and requirements related to 
          organic food; amending Minnesota Statutes 1988, 
          sections 31.92, by adding subdivisions; 31.94; and 
          31.95.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1988, section 31.92, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [COMMISSIONER.] "Commissioner" means the 
commissioner of agriculture. 
    Sec. 2.  Minnesota Statutes 1988, section 31.92, is amended 
by adding a subdivision to read: 
    Subd. 2a.  [MINNESOTA GROWN.] "Minnesota grown" means a 
product licensed to use the logo or labeling statement under 
section 17.102, subdivision 1. 
    Sec. 3.  Minnesota Statutes 1988, section 31.94, is amended 
to read: 
    31.94 [DEPARTMENTAL COMMISSIONER DUTIES.] 
    The department commissioner shall enforce sections 31.92 to 
31.94 31.95.  The department commissioner shall withhold from 
sale or trade any product sold, labeled, or advertised in 
violation of sections 31.92 to 31.94 31.95. 
    The department commissioner shall investigate the offering 
for sale, labeling, or advertising of an article or substance as 
organically grown, organically processed, or produced in an 
organic environment if there is reason to believe that action is 
in violation of sections 31.92 to 31.94 31.95. 
    The department commissioner may adopt rules, including 
emergency rules, that further clarify organic food standards and 
marketing practices. 
    Sec. 4.  Minnesota Statutes 1988, section 31.95, is amended 
to read: 
    31.95 [ORGANIC CERTIFICATION.] 
    Subdivision 1.  [DESIGNATION.] The commissioner shall 
designate one or more organizations located in this state, made 
up of organic food growers, manufacturers, or sellers, to 
certify organically grown seeds, products, and food.  
    Subd. 2.  [FEES.] The commissioner shall prescribe fees to 
be charged to persons for certification of organically grown 
seeds, production, and food under section 16A.128.  By 1991, 
fees collected must reflect the total annual cost of 
certification.  
    Subd. 3.  [CERTIFICATION REQUIREMENT.] An organic 
certification agency may not refuse services or certification to 
a person: 
    (1) whose seeds, production products, and food meet 
certification requirements; and 
    (2) who has paid membership dues and certification fees. 
     Subd. 3a.  [CERTIFICATION ORGANIZATIONS.] (a) A Minnesota 
grown organic product that is labeled "certified" must be 
certified by a designated certification organization.  
    (b) A certified organic product sold in this state must be 
certified by a designated certification organization or by a 
certification organization approved by the commissioner.  Before 
approving a certification organization, the commissioner must 
seek the evaluation and recommendation of the Minnesota organic 
advisory task force. 
   (c) The commissioner shall appoint a Minnesota organic 
advisory task force composed of members of the organic industry 
to advise the commissioner on organic issues.  Members of the 
task force may not be paid compensation or costs for expenses. 
    Subd. 4.  [RULES.] The organic certification organization 
may draft rules for submission to the commissioner to adopt for 
implementation of the organically grown certification program. 
    Presented to the governor April 26, 1990 
    Signed by the governor May 3, 1990, 5:20 p.m.