language to be deleted (2) new language
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 [
DEPARTMENTALCOMMISSIONER DUTIES.] The departmentcommissioner shall enforce sections 31.92 to 31.9431.95. The departmentcommissioner shall withhold from sale or trade any product sold, labeled, or advertised in violation of sections 31.92 to 31.9431.95. The departmentcommissioner 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 31.9431.95. The departmentcommissioner 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, productionproducts, and food meet certification requirements; and (2) who has paid membership dues andcertification 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.