Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 131-S.F.No. 543 
                  An act relating to agriculture; changing certain 
                  license requirements; clarifying certain terms; 
                  repealing the interstate compact on agricultural grain 
                  marketing; amending Minnesota Statutes 1996, sections 
                  17A.04, subdivision 1; 18B.30; 18B.36, subdivision 1; 
                  231.01, subdivision 5; 236.01, subdivision 3; and 
                  236.02, subdivisions 1 and 2; repealing Minnesota 
                  Statutes 1996, sections 236A.01; and 236A.02. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 17A.04, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSING PROVISIONS.] Licenses shall be 
        issued to livestock market agencies and public stockyards 
        annually and shall expire on December 31 each year, renewable 
        annually thereafter.  A separate license must be obtained for 
        each separate geographical location even though operated under 
        the same management or same person, partnership, firm, 
        corporation, or livestock market.  The license issued to a 
        livestock market agency and public stockyard shall be 
        conspicuously posted at the licensee's place of business.  
        Licenses shall be required for livestock dealers and their 
        agents for the period beginning July 1 each year and ending June 
        30.  The license issued to a livestock dealer or the agent of a 
        livestock dealer shall be carried by the person so licensed.  
        The livestock dealer shall be responsible for the acts of the 
        dealer's agents.  Licensed livestock market agencies, public 
        stockyards, and livestock dealers shall be responsible for the 
        faithful performance of duty of the public livestock weighers at 
        their places of business.  The license issued to a livestock 
        market agency, public stockyard or livestock dealer or agent of 
        a livestock dealer is not transferable.  The operation of 
        livestock market agencies, livestock dealers, agents and packers 
        at a public stockyard are exempt from sections 17A.01 to 
        17A.091, and 17A.12 to 17A.17. 
           Sec. 2.  Minnesota Statutes 1996, section 18B.30, is 
        amended to read: 
           18B.30 [PESTICIDE USE LICENSE REQUIREMENT.] 
           A person may not use or supervise the use of a restricted 
        use pesticide without a license or certification required under 
        sections 18B.29 to 18B.35 and the use may only be done under 
        conditions prescribed by the commissioner. 
           Sec. 3.  Minnesota Statutes 1996, section 18B.36, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REQUIREMENT.] (a) Except for a licensed 
        commercial or noncommercial applicator, only a certified private 
        applicator may use a restricted use pesticide to produce an 
        agricultural commodity: 
           (1) as a traditional exchange of services without financial 
        compensation; or 
           (2) on a site owned, rented, or managed by the person or 
        the person's employees; or 
           (3) when the private applicator is one of two or fewer 
        specified individuals employed as agricultural labor as defined 
        by section 268.04, subdivision 12, paragraph (15), clause (a), 
        and the owner or operator is a certified private applicator or 
        is licensed as a noncommercial applicator.  
           (b) A private applicator may not purchase a restricted use 
        pesticide without presenting a certified private applicator card 
        or the card number. 
           Sec. 4.  Minnesota Statutes 1996, section 231.01, 
        subdivision 5, is amended to read: 
           Subd. 5.  [WAREHOUSE OPERATOR.] The term "warehouse 
        operator," as used in this chapter, means and includes every 
        corporation, company, association, joint stock company or 
        association, firm, partnership, or individual, their trustees, 
        assignees, or receivers appointed by any court, controlling, 
        operating, or managing within this state directly or indirectly, 
        any building or structure, or any part thereof, or any buildings 
        or structures, or any other property, and using the same for the 
        storage or warehousing of goods, wares, or merchandise for 
        compensation, or who shall hold itself out as being in the 
        storage or warehouse business, or as offering storage or 
        warehouse facilities, or advertise for, solicit or accept goods, 
        wares, or merchandise for storage for compensation, but shall 
        not include persons, corporations, or other parties operating 
        open air storage facilities containing minerals, ores, steel, or 
        rock products such as, but not limited to, aggregates, clays, 
        railroad ballast, iron ore, copper ore, nickel ore, limestone, 
        coal, and salt or operating grain or cold storage warehouses, or 
        storing on a seasonal basis boats, boating accessories, 
        recreational vehicles or recreational equipment or facilities in 
        which the party storing goods rents and occupies space as a 
        tenant and the entire risk of loss is with the tenant pursuant 
        to written contract between the landlord and tenant. 
           Sec. 5.  Minnesota Statutes 1996, section 236.01, 
        subdivision 3, is amended to read: 
           Subd. 3.  [GRAIN BANK.] "Grain bank" means a 
        feed-processing plant that receives and stores grain, the 
        equivalent of which, except as is otherwise permitted by section 
        236.04, it processes and returns to the grain's owner in 
        amounts, at intervals, and with added ingredients that are 
        mutually agreeable to the grain's owner and the person operating 
        the plant.  "Grain bank" does not include a seed cleaning plant. 
           Sec. 6.  Minnesota Statutes 1996, section 236.02, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSING REQUIREMENT.] A person who (1) 
        operates an establishment that processes grain into feed and (2) 
        is licensed to buy grain as a public or private local grain 
        warehouse operator under section 232.22 223.17 may obtain a 
        license to operate a grain bank.  A person licensed under 
        section 232.22 to operate a public grain warehouse is not 
        required to obtain a separate grain bank license.  No person may 
        conduct a grain bank without a grain bank license or a public 
        grain warehouse operator's license. 
           Sec. 7.  Minnesota Statutes 1996, section 236.02, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ISSUANCE.] A grain bank license must be obtained 
        from the department.  The department may issue a grain bank 
        license when the applicant has complied with the bond 
        requirements of sections 236.01 to 236.09.  A grain bank license 
        is required in addition to a license to buy grain as a public or 
        private local grain warehouse operator and permits the licensee 
        to conduct a grain bank in accordance with sections 236.01 to 
        236.09. 
           Sec. 8.  [REPEALER.] 
           Minnesota Statutes 1996, sections 236A.01; and 236A.02, are 
        repealed. 
           Sec. 9.  [EFFECTIVE DATE.] 
           Section 4 is effective the day following final enactment. 
           Presented to the governor May 8, 1997 
           Signed by the governor May 9, 1997, 8:30 a.m.