Office of the Revisor of Statutes
Minnesota Session Laws - 2002, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 373-H.F.No. 3183
An act relating to agriculture; establishing a
livestock development program; clarifying certain
requirements for agricultural contracts; changing
certain powers relating to grain; modifying certain
pesticide provisions; providing for interstate
cooperation for seed potato certification; providing
for uniformity of certain Minnesota food rules with
federal standards; establishing and changing certain
loan programs; clarifying terms; authorizing a land
use pilot project; providing a temporary waiver of a
rule; changing cervidae regulations; changing certain
agricultural chemical response provisions; changing
certain manure and waste management provisions;
authorizing certain land exchanges; requiring a
report; requiring amendment of certain rules;
appropriating money; amending Minnesota Statutes 2000,
sections 17.101, by adding a subdivision; 17.452,
subdivision 6, by adding a subdivision; 17.90,
subdivision 1a, by adding a subdivision; 17B.03,
subdivision 1; 18E.02, by adding subdivisions; 18E.03,
subdivision 4; 18E.04, subdivision 3; 18E.06; 21.111,
by adding a subdivision; 31.101, as amended; 31.102,
subdivision 1; 31.103, subdivision 1; 31.104; 38.331,
subdivision 2; 41B.03, subdivisions 1, 3; 97A.105, by
adding subdivisions; 223.16, subdivision 5; Minnesota
Statutes 2001 Supplement, sections 17.9442; 18B.36,
subdivision 1; 18E.04, subdivisions 2, 4; 41B.046,
subdivision 2; Laws 2001, chapter 206, section 14;
proposing coding for new law in Minnesota Statutes,
chapters 18D; 35; 41B; 116.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2000, section 17.101, is
amended by adding a subdivision to read:
Subd. 6. [LIVESTOCK DEVELOPMENT.] The commissioner shall
establish a process, including criteria and standards, to
recognize and assist efforts by counties to maintain or expand
their livestock sector.
A county that meets the criteria may apply to the
commissioner to be designated a "livestock friendly" county.
Sec. 2. Minnesota Statutes 2000, section 17.452,
subdivision 6, is amended to read:
Subd. 6. [RUNNING AT LARGE PROHIBITED.] (a) An owner may
not allow farmed cervidae to run at large. The owner must make
all reasonable efforts to return escaped farmed cervidae to
their enclosures as soon as possible. The owner must notify the
commissioner of natural resources of the escape of farmed red
deer cervidae if the farmed red deer cervidae are not returned
or captured by the owner within 72 24 hours of their escape.
(b) An owner is liable for expenses of another person in
capturing, caring for, and returning farmed cervidae that have
left their enclosures if the person capturing the farmed
cervidae contacts the owner as soon as possible.
(c) If an owner is unwilling or unable to capture escaped
farmed cervidae, the commissioner of natural resources may
destroy the escaped farmed cervidae under this paragraph if the
escaped farmed cervidae are a threat to the health or population
of native species. The commissioner must allow the owner to
attempt to capture the escaped farmed cervidae prior to
destroying the farmed cervidae. Farmed cervidae that are not
captured by 14 days 24 hours after escape may be destroyed.
(d) The owner must notify the commissioner of natural
resources of the escape of farmed cervidae from a quarantined
herd if the farmed cervidae are not returned to or captured by
the owner within 72 hours of their escape. The escaped farmed
cervidae from the quarantined herd may be destroyed by the
commissioner of natural resources if the escaped farmed cervidae
are a threat to the health or population of native species.
Sec. 3. Minnesota Statutes 2000, section 17.452, is
amended by adding a subdivision to read:
Subd. 6a. [WILD CERVIDAE INSIDE CONFINEMENT AREA.] An
owner, or employee or agent under the direction of the owner,
must destroy wild cervidae found within the owner's farmed
cervidae confinement area. The owner, employee, or agent must
report the wild cervidae destroyed to a conservation officer or
an employee of the department of natural resources, division of
wildlife, within 24 hours. The wild cervidae must be disposed
of as prescribed by the commissioner of natural resources.
Sec. 4. Minnesota Statutes 2000, section 17.90,
subdivision 1a, is amended to read:
Subd. 1a. [AGRICULTURAL CONTRACT.] "Agricultural contract"
means any written contract between a contractor and a producer,
but does not include a contract between a grain buyer licensed
under section 223.17, subdivision 1, who purchases grain from a
producer as a merchant or seller of grain and does not contract
with the producer to grow or raise the crops producing the grain.
Sec. 5. Minnesota Statutes 2000, section 17.90, is amended
by adding a subdivision to read:
Subd. 3b. [GRAIN.] "Grain" has the meaning given in
section 223.16, subdivision 4.
Sec. 6. Minnesota Statutes 2001 Supplement, section
17.9442, is amended to read:
17.9442 [APPLICABILITY OF CONTRACT REQUIREMENTS.]
The requirements for the written disclosure of material
risks under section 17.91, subdivision 2; the three-day review
period under section 17.941; the cover sheet requirement under
section 17.942; and the contract readability requirements under
section 17.943, subdivision 1, do not apply to contracts which
provide for:
(1) the sale and purchase of a fixed amount of a commodity
for delivery at a set price;
(2) price-later cash sale and forward delivery grain
contracts for grain meeting certain specifications and does not
prescribe the time, manner, and nature of planting, cultivating,
and harvesting the crop producing the grain, including fixed
price forward contracts, minimum price contracts, mini-max
contracts, basis contracts, hedge-to-arrive contracts, and
delayed price contracts;
(3) contracts agreed to between a processor and an
accredited bargaining organization under sections 17.691 to
17.702;
(4) future futures contracts which involve the sale or
purchase of a standardized quantity of a commodity for future
delivery on a regulated commodity exchange;
(5) agricultural marketing contracts between a capital
stock cooperative and its members under section 308A.205; or
(6) occasional sales between persons who produce or cause
to be produced food, feed, or fiber in a quantity beyond their
own family use.
Sec. 7. Minnesota Statutes 2000, section 17B.03,
subdivision 1, is amended to read:
Subdivision 1. [COMMISSIONER'S POWERS.] The commissioner
of agriculture shall exercise general supervision over the
inspection, grading, weighing, sampling, and analysis of
grain within the state of Minnesota subject to the provisions of
the United States Grain Standards Act of 1976 and the rules
promulgated thereunder by the United States Department of
Agriculture. This activity may take place within or outside the
state of Minnesota.
Sec. 8. Minnesota Statutes 2001 Supplement, 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;
(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 employment as
defined by section 268.035, subdivision 2, employees 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. 9. [18D.302] [FALSE STATEMENT OR RECORD.]
A person must not knowingly make or offer a false
statement, record, or other information as part of:
(1) an application for registration, license,
certification, permit, or land application of contaminated soil
or other media under this chapter or chapter 18B, 18C, or 18F or
rules adopted under one of those chapters;
(2) records or reports required under this chapter or
chapter 18B, 18C, 18E, or 18F or rules adopted under one of
those chapters; or
(3) an investigation of a violation of this chapter or
chapter 18B, 18C, 18E, or 18F or rules adopted under one of
those chapters.
Sec. 10. Minnesota Statutes 2000, section 18E.02, is
amended by adding a subdivision to read:
Subd. 5a. [EMERGENCY INCIDENT.] "Emergency incident" means
an incident resulting from a flood, fire, tornado,
transportation accident, storage container rupture, or other
event as determined by the commissioner that immediately,
uncontrollably, and unpredictably releases agricultural
chemicals into the environment and that may cause unreasonable
adverse effects on the public health or the environment.
Sec. 11. Minnesota Statutes 2000, section 18E.02, is
amended by adding a subdivision to read:
Subd. 5b. [RECONTAMINATION.] "Recontamination" means an
agricultural chemical incident that occurs in a specific land
area where corrective actions were taken to address a previous
incident. Recontamination does not include an emergency
incident.
Sec. 12. Minnesota Statutes 2000, section 18E.03,
subdivision 4, is amended to read:
Subd. 4. [FEE.] (a) The response and reimbursement fee
consists of the surcharges and any adjustments made by the
commissioner in this subdivision and shall be collected by the
commissioner. The amount of the response and reimbursement fee
shall be determined and imposed annually by the commissioner as
required to satisfy the requirements in subdivision 3. The
commissioner shall adjust the amount of the surcharges imposed
in proportion to the amount of the surcharges listed in this
subdivision. License application categories under paragraph (d)
must be charged in proportion to the amount of surcharges
imposed up to a maximum of 50 percent of the license fees set
under chapters 18B and 18C.
(b) The commissioner shall impose a surcharge on pesticides
registered under chapter 18B to be collected as a surcharge on
the registration application fee under section 18B.26,
subdivision 3, that is equal to 0.1 percent of sales of the
pesticide in the state and sales of pesticides for use in the
state during the previous calendar year, except the surcharge
may not be imposed on pesticides that are sanitizers or
disinfectants as determined by the commissioner. No surcharge
is required if the surcharge amount based on percent of annual
gross sales is less than $10. The registrant shall determine
when and which pesticides are sold or used in this state. The
registrant shall secure sufficient sales information of
pesticides distributed into this state from distributors and
dealers, regardless of distributor location, to make a
determination. Sales of pesticides in this state and sales of
pesticides for use in this state by out-of-state distributors
are not exempt and must be included in the registrant's annual
report, as required under section 18B.26, subdivision 3,
paragraph (c), and fees shall be paid by the registrant based
upon those reported sales. Sales of pesticides in the state for
use outside of the state are exempt from the surcharge in this
paragraph if the registrant properly documents the sale location
and the distributors.
(c) The commissioner shall impose a ten cents per ton
surcharge on the inspection fee under section 18C.425,
subdivision 6, for fertilizers, soil amendments, and plant
amendments.
(d) The commissioner shall impose a surcharge on the
license application of persons licensed under chapters 18B and
18C consisting of:
(1) a $75 surcharge for each site where pesticides are
stored or distributed, to be imposed as a surcharge on pesticide
dealer application fees under section 18B.31, subdivision 5;
(2) a $75 surcharge for each site where a fertilizer, plant
amendment, or soil amendment is distributed, to be imposed on
persons licensed under sections 18C.415 and 18C.425;
(3) a $50 surcharge to be imposed on a structural pest
control applicator license application under section 18B.32,
subdivision 6, for business license applications only;
(4) a $20 surcharge to be imposed on commercial applicator
license application fees under section 18B.33, subdivision 7;
(5) a $20 surcharge to be imposed on noncommercial
applicator license application fees under section 18B.34,
subdivision 5, except a surcharge may not be imposed on a
noncommercial applicator that is a state agency, political
subdivision of the state, the federal government, or an agency
of the federal government; and
(6) a $20 surcharge to be imposed on aquatic pest control
licenses under section 18B.315.
(e) A $1,000 fee shall be imposed on each site where
pesticides are stored and sold for use outside of the state
unless:
(1) the distributor properly documents that it has less
than $2,000,000 per year in wholesale value of pesticides stored
and transferred through the site; or
(2) the registrant pays the surcharge under paragraph (b)
and the registration fee under section 18B.26, subdivision 3,
for all of the pesticides stored at the site and sold for use
outside of the state.
(f) Paragraphs (c) to (e) apply to sales, licenses issued,
applications received for licenses, and inspection fees imposed
on or after July 1, 1990.
Sec. 13. Minnesota Statutes 2001 Supplement, section
18E.04, subdivision 2, is amended to read:
Subd. 2. [PAYMENT OF CORRECTIVE ACTION COSTS.] (a) On
request by an eligible person, the board may pay the eligible
person for the reasonable and necessary cash disbursements for
corrective action costs incurred by the eligible person as
provided under subdivision 4 if the board determines:
(1) the eligible person pays the first $1,000 of the
corrective action costs;
(2) the eligible person provides the board with a sworn
affidavit and other convincing evidence that the eligible person
is unable to pay additional corrective action costs;
(3) the eligible person continues to assume responsibility
for carrying out the requirements of corrective action orders
issued to the eligible person or that are in effect;
(4) the incident was reported as required in chapters 18B,
18C, and 18D; and
(5) the eligible person submits an application for payment
or reimbursement to the department within three years of (i)
incurring eligible corrective action costs, or (ii) approval of
a corrective action report design, whichever is later.
(b) The eligible person must submit an application for
payment or reimbursement of eligible cost incurred prior to July
1, 2001, no later than June 1, 2004.
(c) An eligible person is not eligible for payment or
reimbursement and must refund amounts paid or reimbursed by the
board if false statements or misrepresentations are made in the
affidavit or other evidence submitted to the commissioner to
show an inability to pay corrective action costs.
(d) The board may pay the eligible person and one or more
designees by multiparty check.
Sec. 14. Minnesota Statutes 2000, section 18E.04,
subdivision 3, is amended to read:
Subd. 3. [PARTIAL REIMBURSEMENT.] (a) If the unencumbered
balance of the account drops below $2,000,000, the board may
only pay or reimburse an eligible person up to $100,000 within
the same fiscal year.
(b) If the board determines that an incident was caused by
a violation of chapter 18B, 18C, or 18D, the board may reimburse
or pay a portion of the corrective action costs of the eligible
person based on the culpability of the eligible person and the
percentage of the costs not attributable to the violation.
Sec. 15. Minnesota Statutes 2001 Supplement, section
18E.04, subdivision 4, is amended to read:
Subd. 4. [REIMBURSEMENT PAYMENTS.] (a) The board shall pay
a person that is eligible for reimbursement or payment under
subdivisions 1, 2, and 3 from the agricultural chemical response
and reimbursement account for:
(1) 90 80 percent of the total reasonable and necessary
corrective action costs greater than $1,000 and less than or
equal to $200,000;
(2) 80 percent of the total reasonable and necessary
corrective action costs greater than $200,000 but less than or
equal to $300,000; and
(3) 60 percent of the total reasonable and necessary
corrective action costs greater than $300,000 but less than or
equal to $350,000.
(b) A reimbursement or payment may not be made until the
board has determined that the costs are reasonable and are for a
reimbursement of the costs that were actually incurred.
(c) The board may make periodic payments or reimbursements
as corrective action costs are incurred upon receipt of invoices
for the corrective action costs.
(d) Money in the agricultural chemical response and
reimbursement account is appropriated to the commissioner to
make payments and reimbursements directed by the board under
this subdivision.
(e) The board may not make reimbursement greater than the
maximum allowed under paragraph (a) for all incidents on a
single site which:
(1) were not reported at the time of release but were
discovered and reported after July 1, 1989; and
(2) may have occurred prior to July 1, 1989, as determined
by the commissioner.
(f) The board may only reimburse an eligible person for
separate incidents within a single site if the commissioner
determines that each incident is completely separate and
distinct in respect of location within the single site or time
of occurrence.
(g) Except for an emergency incident, the board may not
reimburse or pay for more than 60 percent of the corrective
action costs of an eligible person or for an incident within
five years of a previous incident at a single site resulting
from a site recontamination.
Sec. 16. Minnesota Statutes 2000, section 18E.06, is
amended to read:
18E.06 [REPORT.]
By September December 1 of each year, the agricultural
chemical response compensation board and the commissioner shall
submit to the house of representatives committee on ways and
means, the senate committee on finance, the house of
representatives and senate committees with jurisdiction over the
environment, natural resources, and agriculture, and the
environmental quality board a report detailing the activities
and reimbursements for which money from the account has been
spent during the previous year.
Sec. 17. Minnesota Statutes 2000, section 21.111, is
amended by adding a subdivision to read:
Subd. 3a. [INTERSTATE COOPERATION.] In order to best use
state resources, the commissioner may enter into agreements with
other seed potato certification entities to carry out the
purposes of sections 21.111 to 21.122. Any agreement may
provide for field inspections, shipping point inspections,
winter tests, and other certification functions to be carried
out by personnel employed by either entity according to methods
determined by the certification entities of the respective
areas. The commissioner may extend seed potato certification
services to states where growers wish to grow certified seed
potatoes and the state does not have a seed potato certification
program. Any agreement must be reported to the chairs of the
legislative committees responsible for the budget or policy of
the seed potato inspection program and to the commissioner of
finance.
Sec. 18. Minnesota Statutes 2000, section 31.101, as
amended by Laws 2001, First Special Session chapter 2, section
53, is amended to read:
31.101 [RULES; HEARINGS; UNIFORMITY WITH FEDERAL LAW.]
Subdivision 1. [AUTHORITY.] The commissioner may
promulgate and amend rules for the efficient administration and
enforcement of the Minnesota Food Law. The rules when
applicable must conform, insofar as practicable and consistent
with state law, with those promulgated under the federal law.
This rulemaking authority is in addition to that in sections
31.10, 31.11, and 31.12. Rules adopted under this section may
be amended by the commissioner under chapter 14, subject to the
limitation in subdivision 7.
Subd. 2. [HEARINGS.] Hearings authorized or required by
law must be conducted by the commissioner or an officer, agent,
or employee the commissioner designates for the purpose.
Subd. 3. [PESTICIDE CHEMICAL RULES.] Federal pesticide
chemical regulations in effect on April 1, 2000 2001, 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.
Subd. 4. [FOOD ADDITIVE RULES.] Federal food additive
regulations in effect on April 1, 2000 2001, as provided by Code
of Federal Regulations, title 21, parts 170 to 199, are the food
additive rules in this state.
Subd. 5. [COLOR ADDITIVE RULES.] Federal color additive
regulations in effect on April 1, 2000 2001, as provided by Code
of Federal Regulations, title 21, parts 70 to 82, are the color
additive rules in this state.
Subd. 6. [SPECIAL DIETARY USE RULES.] Federal special
dietary use regulations in effect on April 1, 2000 2001, as
provided by Code of Federal Regulations, title 21, parts 104 and
105, are the special dietary use rules in this state.
Subd. 7. [FAIR PACKAGING AND LABELING RULES.] Federal
regulations in effect on April 1, 2000 2001, 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. The commissioner may not adopt amendments to these 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 adopted under that act.
Subd. 8. [FOOD AND DRUGS RULES.] Applicable federal
regulations including recodification contained in Code of
Federal Regulations, title 21, parts 0-1299, Food and Drugs, in
effect April 1, 2000 2001, and not otherwise adopted herein,
also are adopted as food rules of this state.
Subd. 9. [FISHERY PRODUCTS RULES.] Federal regulations in
effect on April 1, 2000 2001, as provided by Code of Federal
Regulations, title 50, parts 260 to 267, 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.
Subd. 10. [MEAT AND POULTRY RULES.] Federal regulations in
effect on April 1, 2000 2001, as provided by Code of Federal
Regulations, title 9, part 301, et seq., are incorporated as
part of the meat and poultry rules in this state.
Subd. 11. [STANDARDS FOR FRESH FRUITS, VEGETABLES, AND
OTHER PRODUCTS.] Federal regulations in effect on April 1,
2000 2001, as provided by Code of Federal Regulations, title 7,
parts 51 and 52, are incorporated as part of the rules in this
state.
Subd. 12. [DAIRY GRADE RULES; MANUFACTURING PLANT
STANDARDS.] Federal grading and inspection standards for
manufacturing dairy plants and products and amendments thereto
in effect on January April 1, 2001, as provided by Code of
Federal Regulations, title 7, part 58, subparts B-W, are adopted
as the dairy grade rules and manufacturing plant standards in
this state.
Sec. 19. Minnesota Statutes 2000, section 31.102,
subdivision 1, is amended to read:
Subdivision 1. [IDENTITY, QUANTITY, AND FILL OF CONTAINER
RULES.] Federal definitions and standards of identity, quality,
and fill of container in effect on April 1, 2000 2001, adopted
under authority of the federal act, are the definitions and
standards of identity, quality, and fill of container in this
state. The rules may be amended by the commissioner under
chapter 14.
Sec. 20. Minnesota Statutes 2000, section 31.103,
subdivision 1, is amended to read:
Subdivision 1. [CONSUMER COMMODITIES LABELING RULES.] All
labels of consumer commodities must 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, 2000 2001, adopted under authority of that
act, except to the extent that the commissioner amends the rules
under chapter 14. Consumer commodities exempted from the
requirements of section 4 of the Fair Packaging and Labeling Act
are also exempt from this subdivision.
Sec. 21. Minnesota Statutes 2000, 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, 2000 2001,
adopted under authority of the federal act relating to such
exemptions are effective in this state unless the commissioner
amends them. The commissioner also may amend existing rules
concerning exemptions under chapter 14.
Sec. 22. [35.155] [CERVIDAE IMPORT RESTRICTIONS.]
(a) A person must not import cervidae into the state from a
herd that is infected or exposed to chronic wasting disease or
from a known chronic wasting disease endemic area, as determined
by the board. A person may import cervidae into the state only
from a herd that is not in a known chronic wasting disease
endemic area, as determined by the board, and the herd has been
subject to a state or provincial approved chronic wasting
disease monitoring program for at least three years. Cervidae
imported in violation of this section may be seized and
destroyed by the commissioner of natural resources.
(b) This section expires on June 1, 2003.
Sec. 23. Minnesota Statutes 2000, section 38.331,
subdivision 2, is amended to read:
Subd. 2. [COUNTY EXTENSION WORK.] "County extension work"
means educational programs and services provided by extension
agents educators in the areas of agriculture, economic and human
development, community; agricultural finance; economic
development; nutrition; youth leadership development including
4-H programs; leadership,; and environment and natural resources.
Sec. 24. Minnesota Statutes 2000, section 41B.03,
subdivision 1, is amended to read:
Subdivision 1. [ELIGIBILITY GENERALLY.] To be eligible for
a program in sections 41B.01 to 41B.23:
(1) a borrower must be a resident of Minnesota or a
domestic family farm corporation or family farm partnership, as
defined in section 500.24, subdivision 2; and
(2) the borrower or one of the borrowers must be the
principal operator of the farm or, for a prospective homestead
redemption borrower, must have at one time been the principal
operator of a farm.
Sec. 25. Minnesota Statutes 2000, section 41B.03,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBILITY FOR BEGINNING FARMER LOANS.] (a) In
addition to the requirements under subdivision 1, a prospective
borrower for a beginning farm loan in which the authority holds
an interest, must:
(1) have sufficient education, training, or experience in
the type of farming for which the loan is desired;
(2) have a total net worth, including assets and
liabilities of the borrower's spouse and dependents, of less
than $200,000 in 1991 and an amount in subsequent years which is
adjusted for inflation by multiplying $200,000 by the cumulative
inflation rate as determined by the United States All-Items
Consumer Price Index;
(3) demonstrate a need for the loan;
(4) demonstrate an ability to repay the loan;
(5) certify that the agricultural land to be purchased will
be used by the borrower for agricultural purposes;
(6) certify that farming will be the principal occupation
of the borrower;
(7) agree to participate in a farm management program
approved by the commissioner of agriculture for at least the
first five three years of the loan, if an approved program is
available within 45 miles from the borrower's residence. The
commissioner may waive this requirement for any of the programs
administered by the authority if the participant requests a
waiver and has either a four-year degree in an agricultural
program or certification as an adult farm management instructor;
and
(8) agree to file an approved soil and water conservation
plan with the soil conservation service office in the county
where the land is located.
(b) If a borrower fails to participate under paragraph (a),
clause (7), the borrower is subject to penalty as determined by
the authority.
Sec. 26. Minnesota Statutes 2001 Supplement, section
41B.046, subdivision 2, is amended to read:
Subd. 2. [ESTABLISHMENT.] The authority shall establish
and implement a value-added agricultural product loan program to
help farmers finance the purchase of stock in a cooperative,
limited liability company, or limited liability partnership that
is proposing to build or purchase and operate an agricultural
product processing facility or already owns and operates an
agricultural product processing facility.
Sec. 27. [41B.049] [METHANE DIGESTER LOAN PROGRAM.]
Subdivision 1. [ESTABLISHMENT.] The authority shall
establish and implement a methane digester loan program to help
finance the purchase of necessary equipment and the construction
of a system that will utilize manure to produce electricity.
Subd. 2. [REVOLVING FUND.] There is established in the
state treasury a revolving fund, which is eligible to receive
appropriations and the transfer of funds from other services.
All repayments of financial assistance granted under subdivision
1, including principal and interest, must be deposited into this
fund. Interest earned on money in the fund accrues to the fund,
and money in the fund is appropriated to the commissioner of
agriculture for purposes of the manure digester loan program,
including costs incurred by the authority to establish and
administer the program.
Subd. 3. [ELIGIBILITY.] Notwithstanding section 41B.03, to
be eligible for a loan under this section a borrower must:
(1) locate the projects and utilize the equipment and
practices on land located in Minnesota;
(2) provide evidence of financial stability;
(3) demonstrate an ability to repay the loan; and
(4) provide evidence that the practices implemented and
capital assets purchased will be properly managed and maintained.
Subd. 4. [LOANS.] (a) The authority may make a direct loan
or participate in a loan with an eligible lender to a farmer who
is eligible under subdivision 3. The interest rates and
repayment terms of the authority's participation interest may
differ from the interest rates and repayment terms of the
lender's retained portion of the loan. The authority's interest
rate for a direct loan or a loan participation must not exceed
four percent. Loans made under this section before July 1,
2003, must be no-interest loans.
(b) Application for a direct loan or a loan participation
must be made on forms prescribed by the authority.
(c) Standards for loan amortization shall be set by the
rural finance authority not to exceed ten years.
(d) Security for the loans must be a personal note executed
by the borrower and whatever other security is required by the
eligible lender or the authority.
(e) No loan proceeds may be used to refinance a debt
existing prior to application.
(f) The authority may impose a reasonable nonrefundable
application fee for each application for a direct loan or a loan
participation. The authority may review the application fees
annually and make adjustments as necessary. The application fee
is initially set at $100 for a loan under subdivision 1. The
fees received by the authority must be deposited in the
revolving fund created in subdivision 2.
Subd. 5. [LOAN CRITERIA.] (a) To be eligible, a borrower
must be a resident of Minnesota or an entity that is not
prohibited from owning agricultural land under section 500.24.
(b) State participation in a participation loan is limited
to 45 percent of the principal amount of the loan. A direct
loan or loan participation may not exceed $250,000.
(c) Loans under this program may be used as a match for
federal loans or grants.
(d) A borrower who has previously received a loan under
subdivision 1 is prohibited from receiving another methane
digester loan under subdivision 1.
Sec. 28. Minnesota Statutes 2000, section 97A.105, is
amended by adding a subdivision to read:
Subd. 3a. [CERVIDAE RUNNING AT LARGE PROHIBITED.] (a) An
owner may not allow cervidae to run at large. The owner must
make all reasonable efforts to return escaped cervidae to their
enclosures as soon as possible. The owner must notify the
commissioner of the escape of cervidae if the cervidae are not
returned or captured by the owner within 24 hours of their
escape.
(b) An owner is liable for expenses of another person in
capturing, caring for, and returning cervidae that have left
their enclosures if the person capturing the cervidae contacts
the owner as soon as possible.
(c) If an owner is unwilling or unable to capture escaped
cervidae, the commissioner may destroy the escaped cervidae.
The commissioner must allow the owner to attempt to capture the
escaped cervidae prior to destroying the cervidae. Cervidae
that are not captured by 24 hours after escape may be destroyed.
Sec. 29. Minnesota Statutes 2000, section 97A.105, is
amended by adding a subdivision to read:
Subd. 3b. [WILD CERVIDAE INSIDE CONFINEMENT AREA.] An
owner, or employee or agent under the direction of the owner,
must destroy wild cervidae found within the game farm owner's
cervidae confinement area. The owner, employee, or agent must
report the wild cervidae destroyed to a conservation officer or
an employee of the division of wildlife within 24 hours. The
wild cervidae must be disposed of as prescribed by the
commissioner.
Sec. 30. [116.0714] [NEW OPEN AIR SWINE BASINS.]
After the effective date of this section, the commissioner
of the pollution control agency or a county board shall not
approve any permits for the construction of new open air swine
basins, except that existing facilities may use one basin of
less than 1,000,000 gallons as part of a permitted waste
treatment program for resolving pollution problems or to allow
conversion of an existing basin of less than 1,000,000 gallons
to a different animal type, provided all standards are met.
This section expires June 30, 2007.
Sec. 31. Minnesota Statutes 2000, section 223.16,
subdivision 5, is amended to read:
Subd. 5. [GRAIN BUYER.] "Grain buyer" means a person who
purchases grain for the purpose of reselling the grain or
products made from the grain, with the exception of a person who
purchases seed grain for crop production or who purchases grain
as feed for the person's own livestock.
Sec. 32. Laws 2001, chapter 206, section 14, is amended to
read:
Sec. 14. [500.222] [EXEMPT ACREAGE IN LAND EXCHANGE.]
The city of Bird Island A local unit of government may
exchange a parcel of land owned by it or acquired for it by a
qualified intermediary, for a parcel of agricultural real estate
that is owned by an individual exempt under Minnesota Statutes,
section 500.221, based on ownership being lawfully acquired
prior to June 1, 1981. Since there is no exception for
exchanged property under Minnesota Statutes, section 500.221,
the exchange of the city's parcel would result in the loss of
exemption for the exchanged property. Accordingly, this act
provides that The agricultural land being exchanged for the
parcel that is currently exempt shall also be exempt under
Minnesota Statutes, section 500.221, as if it had been purchased
by the owner prior to June 1, 1981. Such The exchanged parcel
shall have exactly the same rights status under the
statute section 500.221 as the parcel to be exchanged and
the status may be stated on the deeds used to effectuate the
transaction may so state.
Sec. 33. [NORTHERN COUNTIES LAND USE COORDINATING BOARD;
LAND USE MANAGEMENT; PILOT PROJECT.]
(a) The northern counties land use coordinating board may
initiate a pilot project to promote cooperative efforts among
county, state, federal, and local units of government and
private citizens regarding land use management issues. The
office of strategic and long-range planning must coordinate the
activities of state agencies, which shall include the
departments of agriculture, commerce, natural resources, trade
and economic development, board of soil and water resources,
iron range resources and rehabilitation board, environmental
quality board, pollution control agency, and the office of
environmental assistance.
(b) The board must also solicit cooperation with Canadian
officials who represent areas contiguous to the region and with
organizations representing recreational, agricultural, mining,
forestry, and tourism interests within the affected boundaries
of the northern counties land use coordinating board.
(c) The legislature also encourages participation by
appropriate federal agencies.
(d) The objectives of the pilot project are to:
(1) document instances when land use regulations and
policies are incompatible with local government land use
authority;
(2) document instances when regulations and policies
interfere with private property rights; and
(3) identify and promote a means of resolving differences.
(e) The board must report to the legislature by January 15,
2004, on the status of the project. The pilot project ends on
June 30, 2004.
(f) Costs to the office of strategic and long-range
planning related to its coordination duties under this section
must be reimbursed by the northern counties land use
coordinating board or its participating counties as provided in
an agreement between the office and the board. The agreement is
not subject to the limits on contracts and hiring in Laws 2002,
chapter 220, article 10, sections 36 to 38. Reimbursements must
be deposited in the state treasury and credited to the special
revenue fund and are appropriated to the office to carry out the
agreement.
Sec. 34. [CHRONIC WASTING DISEASE RECOMMENDATIONS;
REPORT.]
The board of animal health and the commissioner of natural
resources, in consultation with the cervidae advisory committee
and other interested parties, shall jointly study and make
recommendations on measures to protect domestic and wild
cervidae from chronic wasting disease. The report shall include
recommendations for:
(1) cervidae fence specifications;
(2) disease infection prevention measures;
(3) criteria for quarantine or destruction of contaminated
herds;
(4) methods of harvest;
(5) tagging of cervidae; and
(6) other items determined by the board and the
commissioner.
By January 15, 2003, the board and the commissioner shall report
their recommendations to the senate and house of representatives
committees with jurisdiction over agriculture and natural
resources policy.
Sec. 35. [TEMPORARY WAIVER OF RULE.]
The application of Minnesota Rules, part 1720.0620, is
temporarily waived from June 1, 2002, to June 30, 2003, for
products used exclusively for poultry.
Sec. 36. [NOXIOUS WEED RULES.]
The commissioner of agriculture shall amend the rules
authorized under Minnesota Statutes, section 18.79, pursuant to
Minnesota Statutes, section 14.388, to add Grecian Foxglove
(digitalis lanata) to the list of secondary noxious weeds.
Sec. 37. [TRANSFER OF FUNDS; DEPOSIT OF REPAYMENTS.]
The remaining balance in the revolving account in Minnesota
Statutes, section 17.115, that is dedicated to manure digester
loans under Minnesota Statutes, section 17.115, subdivision 5,
shall be transferred to the revolving fund established under
Minnesota Statutes, section 41B.049, subdivision 2, on the
effective date of this section. Notwithstanding Minnesota
Statutes, section 17.115, and Laws 2002, chapter 220, article 9,
section 7, all future receipts from manure digester loans
originated under Minnesota Statutes, section 17.115, and from
disaster recovery loans, under Minnesota Statutes, section
41B.047, shall be deposited in the revolving fund established
under Minnesota Statutes, section 41B.049, subdivision 2.
Sec. 38. [EFFECTIVE DATE.]
Sections 2, 3, 22, 28 to 30, and 32 to 36 are effective the
day following final enactment.
Presented to the governor May 14, 2002
Signed by the governor May 17, 2002, 10:33 a.m.
Official Publication of the State of Minnesota
Revisor of Statutes