Minnesota Session Laws - 1994, Regular Session

                            CHAPTER 571-H.F.No. 2080 
                  An act relating to agriculture; providing for 
                  uniformity of certain food laws with federal 
                  regulations; appropriating money; amending Minnesota 
                  Statutes 1992, sections 31.101; 31.102, subdivision 1; 
                  31.103, subdivision 1; and 31.104; Laws 1993, chapter 
                  172, section 7, subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1992, 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, 1988 1994, 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, 1988 1994, 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, 1988 1994, 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, 1988 1994, 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, 1988 1994, 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, 1988 1994, 
        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. 
           Subd. 9.  [FISHERY PRODUCTS RULES.] Federal regulations in 
        effect on April 1, 1989 1994, as provided by Code of Federal 
        Regulations, title 50, parts 260 to 266, are incorporated as 
        part of the fishery products rules in this state for state 
        inspections performed under a cooperative agreement with the 
        United States Department of Commerce, National Marine Fisheries 
        Service.  The rules may be amended by the commissioner under 
        chapter 14. 
           Sec. 2.  Minnesota Statutes 1992, 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, 1988 1994, 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 1992, 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, 1988 1994, 
        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 1992, 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, 1988 1994, 
        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.  Laws 1993, chapter 172, section 7, subdivision 4, 
        is amended to read: 
        Subd. 4.  Administration and 
        Financial Service 
             5,818,000      5,686,000
        $1,200,000 from the balance in the 
        special account created in Minnesota 
        Statutes, section 41.61, shall be 
        transferred to the general fund by June 
        30, 1994.  
        $389,000 the first year and $389,000 
        the second year are for family farm 
        security interest payment adjustments.  
        If the appropriation for either year is 
        insufficient, the appropriation for the 
        other year is available for it.  No new 
        loans may be approved in fiscal year 
        1994 or 1995.  
        $199,000 the first year and $199,000 
        the second year are to manage the 
        family farm advocacy program. 
        $80,000 the first year and $80,000 the 
        second year are for grants to farmers 
        for demonstration projects involving 
        sustainable agriculture.  If a project 
        cost is more than $25,000, the amount 
        above $25,000 must be cost-shared at a 
        state-applicant ratio of one to one.  
        Priorities must be given for projects 
        involving multiple parties.  Up to 
        $20,000 each year may be used for 
        dissemination of information about the 
        demonstration grant projects.  If the 
        appropriation for either year is 
        insufficient, the appropriation for the 
        other is available. 
        $70,000 the first year and $70,000 the 
        second year are for the Northern Crops 
        Institute.  These appropriations may be 
        spent to purchase equipment and are 
        available until spent.  
        $150,000 the first year and $150,000 
        the second year are for grants to 
        agriculture information centers.  The 
        grants are only available on a match 
        basis.  The funds may be released at 
        the rate of two state dollars for each 
        $1 of matching nonstate money that is 
        raised.  Any appropriated amounts not 
        matched by April 1 of each year are 
        available for other purposes within the 
        department. 
        $45,000 the first year and $45,000 the 
        second year are for payment of claims 
        relating to livestock damaged by 
        endangered animal species and 
        agricultural crops damaged by elk.  If 
        the appropriation for either year is 
        insufficient, the appropriation for the 
        other year is available for it. 
        $80,000 $115,000 the first year and 
        $80,000 $115,000 the second year are 
        for the seaway port authority of Duluth.
        $19,000 the first year and $19,000 the 
        second year is for a grant to the 
        Minnesota livestock breeder's 
        association. 
        Money from this appropriation may, at 
        the discretion of the commissioner, be 
        used for demonstration or pilot 
        programs for farm animal waste 
        management techniques or facilities.  
        This money may not be used for these 
        programs unless the commissioner has 
        notified the chairs of the legislative 
        committees or divisions with 
        jurisdiction over appropriations for 
        environmental and natural resources 
        activities. 
        The unencumbered balance on June 1, 
        1993, of amounts authorized under Laws 
        1992, chapter 513, article 2, section 
        6, subdivision 5, for legal challenges 
        to discriminatory aspects of the 
        federal milk market order system are 
        transferred to the supreme court for 
        the same purposes. 
           Sec. 6.  [EFFECTIVE DATE.] 
           Sections 1 to 5 are effective the day following final 
        enactment. 
           Presented to the governor May 3, 1994 
           Signed by the governor May 5, 1994, 4:32 p.m.