Minnesota Session Laws - 2000, Regular Session

                            CHAPTER 385-S.F.No. 3195 
                  An act relating to agriculture; changing certain 
                  penalties for adulteration of dairy products; amending 
                  Minnesota Statutes 1999 Supplement, section 32.21, 
                  subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1999 Supplement, section 
        32.21, subdivision 4, is amended to read: 
           Subd. 4.  [PENALTIES.] (a) A person, other than a milk 
        producer, who violates this section is guilty of a misdemeanor 
        or subject to a civil penalty up to $1,000. 
           (b) A milk producer may not change milk plants within 30 
        days, without permission of the commissioner, after receiving 
        notification from the commissioner under paragraph (c) or (d) 
        that the milk producer has violated this section. 
           (c) A milk producer who violates subdivision 3, clause (1), 
        (2), (3), (4), or (5), is subject to clauses (1) to (3) of this 
        paragraph. 
           (1) Upon notification of the first violation in a 12-month 
        period, the producer must meet with the dairy plant field 
        service representative to initiate corrective action within 30 
        days. 
           (2) Upon the second violation within a 12-month period, the 
        producer is subject to a civil penalty of $300.  The 
        commissioner shall notify the producer by certified mail stating 
        the penalty is payable in 30 days, the consequences of failure 
        to pay the penalty, and the consequences of future violations. 
           (3) Upon the third violation within a 12-month period, the 
        producer is subject to an additional civil penalty of $300 and 
        possible revocation of the producer's permit or certification.  
        The commissioner shall notify the producer by certified mail 
        that all civil penalties owed must be paid within 30 days and 
        that the commissioner is initiating administrative procedures to 
        revoke the producer's permit or certification to sell milk for 
        at least 30 days. 
           (d) The producer's shipment of milk must be immediately 
        suspended if the producer is identified as an individual source 
        of milk containing residues causing a bulk load of milk to test 
        positive in violation of subdivision 3, clause (6) or (7).  The 
        Grade A or manufacturing grade permit must be converted to 
        temporary status for not more than 30 days and shipment may 
        resume only after subsequent milk has been sampled by the 
        commissioner or the commissioner's agent and found to contain no 
        residues above established tolerances or safe levels. 
           The Grade A or manufacturing grade permit may be restored 
        if the producer completes the "Milk and Dairy Beef Residue 
        Prevention Protocol" with a licensed veterinarian, displays the 
        signed certificate in the milkhouse, and sends verification to 
        the commissioner within the 30-day temporary permit status 
        period.  If the producer does not comply within the temporary 
        permit status period, the Grade A or manufacturing grade permit 
        must be suspended.  A milk producer whose milk supply is in 
        violation of subdivision 3, clause (6) or (7), and has caused a 
        bulk load to test positive is subject to clauses (1) to (3) of 
        this paragraph.  
           (1) For the first violation in a 12-month period, a dairy 
        plant may collect from the responsible producer the value of the 
        contaminated truck load of milk.  If the amount collected by the 
        plant is less than two days of milk production on that farm, 
        then the commissioner must assess the difference as a civil 
        penalty payable by the plant or marketing organization on behalf 
        of the responsible producer the penalty is the value of all milk 
        on the contaminated load plus any costs associated with the 
        disposition of the contaminated load.  Future pick-ups are 
        prohibited until subsequent testing reveals the milk is free of 
        drug residue.  A farm inspection must be completed by the plant 
        representative and the producer to determine the cause of the 
        residue and actions required to prevent future violations. 
           (2) For the second violation in a 12-month period, a dairy 
        plant may collect from the responsible producer the value of the 
        contaminated truck load of milk.  If the amount collected by the 
        plant is less than four days of milk production on that farm, 
        then the commissioner must assess the difference as a civil 
        penalty payable by the plant or marketing organization on behalf 
        of the responsible producer the penalty is the value of all milk 
        on the contaminated load plus any costs associated with the 
        disposition of the contaminated load.  Future pick-ups are 
        prohibited until subsequent testing reveals the milk is free of 
        drug residue.  A farm inspection must be completed by the 
        regulatory agency or its agent to determine the cause of the 
        residue and actions required to prevent future violations. 
           (3) For the third violation in a 12-month period, a dairy 
        plant may collect from the responsible producer the value of the 
        contaminated load of milk.  If the amount collected by the plant 
        is less than four days of milk production on that farm, then the 
        commissioner must assess the difference as a civil penalty 
        payable by the plant or marketing organization on behalf of the 
        responsible producer the penalty is the value of all milk on the 
        contaminated load plus any costs associated with the disposition 
        of the contaminated load.  Future pick-ups are prohibited until 
        subsequent testing reveals the milk is free of drug residue.  
        The commissioner or the commissioner's agent shall also notify 
        the producer by certified mail that the commissioner is 
        initiating administrative procedures to revoke the producer's 
        right to sell milk for a minimum of 30 days.  
           (4) If a bulk load of milk tests negative for residues and 
        there is a positive producer sample on the load, no civil 
        penalties may be assessed to the producer.  The plant must 
        report the positive result within 24 hours and reject further 
        milk shipments from that producer until the producer's milk 
        tests negative.  The department shall suspend the producer's 
        permit and count the violation on the producer's record.  The 
        Grade A or manufacturing grade permit must be converted to 
        temporary status for not more than 30 days during which time the 
        producer must review the "Milk and Dairy Beef Residue Prevention 
        Protocol" with a licensed veterinarian, display the signed 
        certificate in the milkhouse, and send verification to the 
        commissioner.  If these conditions are met, the Grade A or 
        manufacturing grade permit must be reinstated.  If the producer 
        does not comply within the temporary permit status period, the 
        Grade A or manufacturing grade permit must be suspended. 
           (e) A milk producer that has been certified as completing 
        the "Milk and Dairy Beef Residue Prevention Protocol" within 12 
        months of the first violation of subdivision 3, clause (7), need 
        only review the cause of the violation with a field service 
        representative within three days to maintain Grade A or 
        manufacturing grade permit and shipping status if all other 
        requirements of this section are met. 
           (f) Civil penalties collected under this section must be 
        deposited in the milk inspection services account established in 
        this chapter. 
           Presented to the governor April 10, 2000 
           Signed by the governor April 13, 2000, 4:50 p.m.