Office of the Revisor of Statutes
Minnesota Session Laws - 2003, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 107-S.F.No. 990
An act relating to agriculture; changing certain wild
rice provisions; changing certain procedures and
requirements for organic food; clarifying certain food
provisions; clarifying an enforcement provision;
changing a milk storage requirement; providing for
compliance with federal law; extending a provision
authorizing certain emergency restrictions; setting
certain ethanol goals; changing certain animal lot
regulations; requiring that certain gasoline contain
denatured ethanol; eliminating a requirement for
anaplasmosis testing; extending an agency sunset;
providing a turtle seller's license exemption;
authorizing certain persons to own and operate
agricultural land; amending Minnesota Statutes 2002,
sections 30.49, subdivision 6; 31.05, by adding a
subdivision; 31.101, subdivisions 3, 4, 5, 6, 7, 8, 9,
10, 11, 12; 31.102, subdivision 1; 31.103, subdivision
1; 31.92, subdivision 3, by adding subdivisions;
31.94; 32.01, subdivision 10; 32.21, subdivision 4;
32.394, subdivisions 4, 8c; 32.415; 35.0661,
subdivision 4; 41A.09, subdivision 1a; 41D.01,
subdivision 4; 97C.605, subdivision 2c; 116.07,
subdivision 7; 239.791, subdivision 1; 500.221,
subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 31; repealing Minnesota
Statutes 2002, sections 31.92, subdivisions 2a, 5;
31.93; 31.95; 32.391, subdivisions 1a, 1b, 1c; 35.251;
Minnesota Rules, parts 1700.0800; 1700.1000;
1700.1300; 1705.0550; 1705.0560; 1705.0570; 1705.0580;
1705.0590; 1705.0600; 1705.0610; 1705.0630; and
1715.1430.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 2002, section 30.49,
subdivision 6, is amended to read:
Subd. 6. [PACKAGED BLENDED RICE AND CERTAIN READY-TO-EAT
RICE.] A package containing a blend of wild rice and at least 40
percent other grains or food products, and puffed or
ready-to-eat wild rice that is consumed or packaged on the
retail premises, are exempt from this section, except
subdivisions 3, 5, and 7.
Sec. 2. Minnesota Statutes 2002, section 31.05, is amended
by adding a subdivision to read:
Subd. 5. [EMERGENCY RESPONSE.] In the event of an
emergency declared by the governor's order under section 12.31,
if the commissioner finds or has probable cause to believe that
a food or consumer commodity within a specific area is likely to
be adulterated because of the emergency or so misbranded as to
be dangerous or fraudulent, or is in violation of section
31.131, subdivision 1, the commissioner may embargo a geographic
area that is included in the declared emergency. The
commissioner shall provide notice to the public and to those
with custody of the product in as thorough a manner as is
practical under the emergency circumstances.
Sec. 3. Minnesota Statutes 2002, section 31.101,
subdivision 3, is amended to read:
Subd. 3. [PESTICIDE CHEMICAL RULES.] Federal pesticide
chemical regulations in effect on April 1, 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.
Sec. 4. Minnesota Statutes 2002, section 31.101,
subdivision 4, is amended to read:
Subd. 4. [FOOD ADDITIVE RULES.] Federal food additive
regulations in effect on April 1, 2001, as provided by Code of
Federal Regulations, title 21, parts 170 to 199, are the food
additive rules in this state.
Sec. 5. Minnesota Statutes 2002, section 31.101,
subdivision 5, is amended to read:
Subd. 5. [COLOR ADDITIVE RULES.] Federal color additive
regulations in effect on April 1, 2001, as provided by Code of
Federal Regulations, title 21, parts 70 to 82, are the color
additive rules in this state.
Sec. 6. Minnesota Statutes 2002, section 31.101,
subdivision 6, is amended to read:
Subd. 6. [SPECIAL DIETARY USE RULES.] Federal special
dietary use regulations in effect on April 1, 2001, as provided
by Code of Federal Regulations, title 21, parts 104 and 105, are
the special dietary use rules in this state.
Sec. 7. Minnesota Statutes 2002, section 31.101,
subdivision 7, is amended to read:
Subd. 7. [FAIR PACKAGING AND LABELING RULES.] Federal
regulations in effect on April 1, 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.
Sec. 8. Minnesota Statutes 2002, section 31.101,
subdivision 8, is amended to read:
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, 2001, and not otherwise adopted herein, also are
adopted as food rules of this state.
Sec. 9. Minnesota Statutes 2002, section 31.101,
subdivision 9, is amended to read:
Subd. 9. [FISHERY PRODUCTS RULES.] Federal regulations in
effect on April 1, 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.
Sec. 10. Minnesota Statutes 2002, section 31.101,
subdivision 10, is amended to read:
Subd. 10. [MEAT AND POULTRY RULES.] Federal regulations in
effect on April 1, 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.
Sec. 11. Minnesota Statutes 2002, section 31.101,
subdivision 11, is amended to read:
Subd. 11. [STANDARDS FOR FRESH FRUITS, VEGETABLES, AND
OTHER PRODUCTS.] Federal regulations in effect on April 1, 2001,
as provided by Code of Federal Regulations, title 7, parts 51
and 52, are incorporated as part of the rules in this state.
Sec. 12. Minnesota Statutes 2002, section 31.101,
subdivision 12, is amended to read:
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 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. 13. Minnesota Statutes 2002, 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, 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. 14. Minnesota Statutes 2002, 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, 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. 15. Minnesota Statutes 2002, section 31.92, is
amended by adding a subdivision to read:
Subd. 2b. [FEDERAL LAW.] "Federal law" means the Organic
Foods Production Act of 1990, United States Code, title 7,
sections 6501 et seq. and associated regulations in Code of
Federal Regulations, title 7, section 205.
Sec. 16. Minnesota Statutes 2002, section 31.92,
subdivision 3, is amended to read:
Subd. 3. [ORGANIC FOOD.] "Organic food" means any food
product, including meat, dairy, and beverage, that is marketed
using the term "organic" or any derivative of "organic" in its
labeling or advertising "Organic" is a labeling term that refers
to an agricultural product produced in accordance with federal
law.
Sec. 17. Minnesota Statutes 2002, section 31.92, is
amended by adding a subdivision to read:
Subd. 3a. [ORGANIC PRODUCTION.] "Organic production" means
a production system that is managed in accordance with federal
law to respond to site-specific conditions by integrating
cultural, biological, and mechanical practices that foster
cycling of resources, promote ecological balance, and conserve
biodiversity.
Sec. 18. [31.925] [UNIFORMITY WITH FEDERAL LAW.]
The federal law specified in section 31.92, subdivision 2b,
is adopted as the organic food production law and rules in this
state.
Sec. 19. Minnesota Statutes 2002, section 31.94, is
amended to read:
31.94 [COMMISSIONER DUTIES.]
(a) The commissioner shall enforce sections 31.92 to 31.95.
The commissioner shall withhold from sale or trade any product
sold, labeled, or advertised in violation of sections 31.92 to
31.95.
(b) The commissioner 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 31.95.
(c) The commissioner may adopt rules that further clarify
organic food standards and marketing practices.
(d) In order to promote opportunities for organic
agriculture in Minnesota, the commissioner shall:
(1) survey producers and support services and organizations
to determine information and research needs in the area of
organic agriculture practices;
(2) work with the University of Minnesota to demonstrate
the on-farm applicability of organic agriculture practices to
conditions in this state;
(3) direct the programs of the department so as to work
toward the promotion of organic agriculture in this state;
(4) inform agencies of how state or federal programs could
utilize and support organic agriculture practices; and
(5) work closely with farmers producers, the University of
Minnesota, the Minnesota trade office, and other appropriate
organizations to identify opportunities and needs as well as
ensure coordination and avoid duplication of state agency
efforts regarding research, teaching, marketing, and extension
work relating to organic agriculture.
(e) (b) By November 15 of each even-numbered year the
commissioner, in conjunction with the task force created in
section 31.95, subdivision 3a paragraph (c), shall report on the
status of organic agriculture in Minnesota to the legislative
policy and finance committees and divisions with jurisdiction
over agriculture. The report must include:
(1) a description of current state or federal programs
directed toward organic agriculture, including significant
results and experiences of those programs;
(2) a description of specific actions the department of
agriculture is taking in the area of organic agriculture,
including the proportion of the department's budget spent on
organic agriculture;
(3) a description of current and future research needs at
all levels in the area of organic agriculture; and
(4) suggestions for changes in existing programs or
policies or enactment of new programs or policies that will
affect organic agriculture;
(5) a description of market trends and potential for
organic products;
(6) available information, using currently reliable data,
on the price received, yield, and profitability of organic
farms, and a comparison with data on conventional farms; and
(7) available information, using currently reliable data,
on the positive and negative impacts of organic production on
the environment and human health.
(c) The commissioner shall appoint a Minnesota organic
advisory task force to advise the commissioner on policies and
practices to improve organic agriculture in Minnesota. The task
force must consist of the following residents of the state:
(1) three farmers using organic agriculture methods;
(2) two organic food wholesalers, retailers, or
distributors;
(3) one representative of organic food certification
agencies;
(4) two organic food processors;
(5) one representative from the Minnesota extension
service;
(6) one representative from a Minnesota postsecondary
research institution;
(7) one representative from a nonprofit organization
representing producers;
(8) one at-large member;
(9) one representative from the United States Department of
Agriculture; and
(10) one organic consumer representative.
Terms, compensation, and removal of members are governed by
section 15.059, subdivision 6. The task force must meet at
least twice each year and expires on June 30, 2005.
(d) For the purposes of expanding, improving, and
developing production and marketing of the organic products of
Minnesota agriculture, the commissioner may receive funds from
state and federal sources and spend them, including through
grants or contracts, to assist producers and processors to
achieve certification, to conduct education or marketing
activities, to enter into research and development partnerships,
or to address production or marketing obstacles to the growth
and well-being of the industry.
(e) The commissioner may facilitate the registration of
state organic production and handling operations including those
exempt from organic certification according to Code of Federal
Regulations, title 7, section 205.101, and certification agents
operating within the state.
Sec. 20. Minnesota Statutes 2002, section 32.01,
subdivision 10, is amended to read:
Subd. 10. [DAIRY PRODUCT.] "Dairy product" means milk as
defined by Code of Federal Regulations, title 21, cream, any
product or by-product of either, or any commodity among the
principal constituents or ingredients of which is one or a
combination of two or more of them, as determined by standards,
grades, or rules duly adopted by the commissioner.
Sec. 21. Minnesota Statutes 2002, 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 qualified dairy sanitarian 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, the
penalty is the value of all milk on the contaminated load plus
any costs associated with the disposition of the contaminated
load. Future pickups are prohibited until subsequent testing
reveals the milk is free of drug residue. A farm inspection
must be completed by the plant representative a qualified dairy
sanitarian 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, the
penalty is the value of all milk on the contaminated load plus
any costs associated with the disposition of the contaminated
load. Future pickups 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, the
penalty is the value of all milk on the contaminated load plus
any costs associated with the disposition of the contaminated
load. Future pickups 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. 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.
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.
Sec. 22. Minnesota Statutes 2002, section 32.394,
subdivision 4, is amended to read:
Subd. 4. [RULES.] The commissioner shall by rule
promulgate identity, production and processing standards for
milk, milk products and goat milk which are intended to bear the
Grade A label.
In the exercise of the authority to establish requirements
for Grade A milk, milk products, and goat milk, the commissioner
adopts definitions, standards of identity, and requirements for
production and processing contained in the "1999 2001 Grade A
Pasteurized Milk Ordinance" and the "1995 Grade A Condensed and
Dry Milk Ordinance" of the United States Department of Health
and Human Services, in a manner provided for and not in conflict
with law.
Sec. 23. Minnesota Statutes 2002, section 32.394,
subdivision 8c, is amended to read:
Subd. 8c. [GRADE A OR MANUFACTURING GRADE RAW MILK.] Grade
A or manufacturing grade raw milk must not have been stored
longer than 76 72 hours when it is picked up at the farm by the
receiving plant. The commissioner or an agent of the
commissioner may waive the 76-hour 72-hour time limit in a case
of hardship, emergency, or natural disaster. On farms permitted
or certified for bulk tank storage, the milk may only be picked
up from approved bulk milk tanks in proper working order.
Sec. 24. Minnesota Statutes 2002, section 32.415, is
amended to read:
32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.]
(a) The commissioner may adopt rules to provide uniform
quality standards, and producers of milk used for manufacturing
purposes shall conform to the standards contained in Subparts B,
C, D, E, and F of the United States Department of Agriculture
Consumer and Marketing Service Recommended Requirements for Milk
for Manufacturing Purposes and its Production and Processing, as
revised through November 12, 1996 June 17, 2002, except that the
commissioner shall develop methods by which producers can comply
with the standards without violation of religious beliefs.
(b) The commissioner shall perform or contract for the
performance of the inspections necessary to implement this
section or shall certify dairy industry personnel to perform the
inspections.
(c) The commissioner and other employees of the department
shall make every reasonable effort to assist producers in
achieving the milk quality standards at minimum cost and to use
the experience and expertise of the University of Minnesota and
the agricultural extension service to assist producers in
achieving the milk quality standards in the most cost-effective
manner.
(d) The commissioner shall consult with producers,
processors, and others involved in the dairy industry in order
to prepare for the implementation of this section including
development of informational and educational materials,
meetings, and other methods of informing producers about the
implementation of standards under this section.
Sec. 25. Minnesota Statutes 2002, section 35.0661,
subdivision 4, is amended to read:
Subd. 4. [EXPIRATION.] This section expires July 31,
2003 2005.
Sec. 26. Minnesota Statutes 2002, section 41A.09,
subdivision 1a, is amended to read:
Subd. 1a. [ETHANOL PRODUCTION GOAL.] It is a goal of the
state that ethanol production plants in the state attain a total
annual production level of:
(1) 240,000,000 gallons in 2003;
(2) 300,000,000 gallons in 2004;
(3) 360,000,000 gallons in 2005 and 2006;
(4) 420,000,000 gallons in 2007; and
(5) 480,000,000 gallons in 2008 and subsequent years.
Sec. 27. Minnesota Statutes 2002, section 41D.01,
subdivision 4, is amended to read:
Subd. 4. [EXPIRATION.] This section expires on June
30, 2003 2008.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 28. Minnesota Statutes 2002, section 97C.605,
subdivision 2c, is amended to read:
Subd. 2c. [LICENSE EXEMPTIONS.] A person does not need a
turtle seller's license or an angling license:
(1) when buying turtles for resale at a retail outlet;
(2) when buying a turtle at a retail outlet; or
(3) if the person is a nonresident buying a turtle from a
licensed turtle seller for export out of state. Shipping
documents provided by the turtle seller must accompany each
shipment exported out of state by a nonresident. Shipping
documents must include: name, address, city, state, and zip
code of the buyer; number of each species of turtle; and name
and license number of the turtle seller; or
(4) to take, possess, and rent or sell up to 25 turtles for
the purpose of providing the turtles to participants at a
nonprofit turtle race, if the person is a resident under age
18. The person is responsible for the well-being of the turtles.
Sec. 29. Minnesota Statutes 2002, section 116.07,
subdivision 7, is amended to read:
Subd. 7. [COUNTIES; PROCESSING OF APPLICATIONS FOR ANIMAL
LOT PERMITS.] Any Minnesota county board may, by resolution,
with approval of the pollution control agency, assume
responsibility for processing applications for permits required
by the pollution control agency under this section for livestock
feedlots, poultry lots or other animal lots. The responsibility
for permit application processing, if assumed by a county, may
be delegated by the county board to any appropriate county
officer or employee.
(a) For the purposes of this subdivision, the term
"processing" includes:
(1) the distribution to applicants of forms provided by the
pollution control agency;
(2) the receipt and examination of completed application
forms, and the certification, in writing, to the pollution
control agency either that the animal lot facility for which a
permit is sought by an applicant will comply with applicable
rules and standards, or, if the facility will not comply, the
respects in which a variance would be required for the issuance
of a permit; and
(3) rendering to applicants, upon request, assistance
necessary for the proper completion of an application.
(b) For the purposes of this subdivision, the term
"processing" may include, at the option of the county board,
issuing, denying, modifying, imposing conditions upon, or
revoking permits pursuant to the provisions of this section or
rules promulgated pursuant to it, subject to review, suspension,
and reversal by the pollution control agency. The pollution
control agency shall, after written notification, have 15 days
to review, suspend, modify, or reverse the issuance of the
permit. After this period, the action of the county board is
final, subject to appeal as provided in chapter 14. For permit
applications filed after October 1, 2001, section 15.99 applies
to feedlot permits issued by the agency or a county pursuant to
this subdivision.
(c) For the purpose of administration of rules adopted
under this subdivision, the commissioner and the agency may
provide exceptions for cases where the owner of a feedlot has
specific written plans to close the feedlot within five years.
These exceptions include waiving requirements for major capital
improvements.
(d) For purposes of this subdivision, a discharge caused by
an extraordinary natural event such as a precipitation event of
greater magnitude than the 25-year, 24-hour event, tornado, or
flood in excess of the 100-year flood is not a "direct discharge
of pollutants."
(e) In adopting and enforcing rules under this subdivision,
the commissioner shall cooperate closely with other governmental
agencies.
(f) The pollution control agency shall work with the
Minnesota extension service, the department of agriculture, the
board of water and soil resources, producer groups, local units
of government, as well as with appropriate federal agencies such
as the Natural Resources Conservation Service and the Farm
Service Agency, to notify and educate producers of rules under
this subdivision at the time the rules are being developed and
adopted and at least every two years thereafter.
(g) The pollution control agency shall adopt rules
governing the issuance and denial of permits for livestock
feedlots, poultry lots or other animal lots pursuant to this
section. Pastures are exempt from the rules authorized under
this paragraph. A feedlot permit is not required for livestock
feedlots with more than ten but less than 50 animal units;
provided they are not in shoreland areas. A livestock feedlot
permit does not become required solely because of a change in
the ownership of the buildings, grounds, or feedlot. These
rules apply both to permits issued by counties and to permits
issued by the pollution control agency directly.
(h) The pollution control agency shall exercise supervising
authority with respect to the processing of animal lot permit
applications by a county.
(i) Any new rules or amendments to existing rules proposed
under the authority granted in this subdivision, or to implement
new fees on animal feedlots, must be submitted to the members of
legislative policy and finance committees with jurisdiction over
agriculture and the environment prior to final adoption. The
rules must not become effective until 90 days after the proposed
rules are submitted to the members.
(j) Until new rules are adopted that provide for plans for
manure storage structures, any plans for a liquid manure storage
structure must be prepared or approved by a registered
professional engineer or a United States Department of
Agriculture, Natural Resources Conservation Service employee.
(k) A county may adopt by ordinance standards for animal
feedlots that are more stringent than standards in pollution
control agency rules.
(l) After January 1, 2001, a county that has not accepted
delegation of the feedlot permit program must hold a public
meeting prior to the agency issuing a feedlot permit for a
feedlot facility with 300 or more animal units, unless another
public meeting has been held with regard to the feedlot facility
to be permitted.
(m) After the proposed rules published in the State
Register, volume 24, number 25, are finally adopted, the agency
may not impose additional conditions as a part of a feedlot
permit, unless specifically required by law or agreed to by the
feedlot operator.
(n) For the purposes of feedlot permitting, a discharge
from land-applied manure or a manure stockpile that is managed
according to agency rule must not be subject to a fine for a
discharge violation.
(o) For the purposes of feedlot permitting, manure that is
land applied, or a manure stockpile that is managed according to
agency rule, must not be considered a discharge into waters of
the state, unless the discharge is to waters of the state, as
defined by section 103G.005, subdivision 17, except type 1 or
type 2 wetlands, as defined in section 103G.005, subdivision
17b, and does not meet discharge standards established for
feedlots under agency rule.
(p) Unless the upgrade is needed to correct an immediate
public health threat under section 145A.04, subdivision 8, or
the facility is determined to be a concentrated animal feeding
operation under Code of Federal Regulations, title 40, section
122.23, in effect on April 15, 2003, the agency may not require
a feedlot operator:
(1) to spend more than $3,000 to upgrade an existing
feedlot with less than 300 animal units unless cost-share money
is available to the feedlot operator for 75 percent of the cost
of the upgrade; or
(2) to spend more than $10,000 to upgrade an existing
feedlot with between 300 and 500 animal units, unless cost-share
money is available to the feedlot operator for 75 percent of the
cost of the upgrade or $50,000, whichever is less.
(q) For the purposes of this section, "pastures" means
areas, including winter feeding areas as part of a grazing area,
where grass or other growing plants are used for grazing and
where the concentration of animals allows a vegetative cover to
be maintained during the growing season except that vegetative
cover is not required:
(1) in the immediate vicinity of supplemental feeding or
watering devices;
(2) in associated corrals and chutes where livestock are
gathered for the purpose of sorting, veterinary services,
loading and unloading trucks and trailers, and other necessary
activities related to good animal husbandry practices; and
(3) in associated livestock access lanes used to convey
livestock to and from areas of the pasture.
Sec. 30. Minnesota Statutes 2002, section 239.791,
subdivision 1, is amended to read:
Subdivision 1. [MINIMUM OXYGEN ETHANOL CONTENT REQUIRED.]
(a) Except as provided in subdivisions 10 to 14, a person
responsible for the product shall comply with the following
requirements:
(a) After October 1, 1995, gasoline sold or offered for
sale at any time in a carbon monoxide control area must contain
at least 2.7 percent oxygen by weight.
(b) After October 1, 1997, ensure that all gasoline sold or
offered for sale in Minnesota must contain at least 2.7 10.0
percent oxygen denatured ethanol by weight volume.
(c) For the purposes of this subdivision, the oxygenates
listed in section 239.761, subdivision 6, paragraph (b), shall
not be included in calculating the oxygen content of the
gasoline.
(b) For purposes of enforcing the minimum ethanol
requirement of paragraph (a), a gasoline/ethanol blend will be
construed to be in compliance if the ethanol content, exclusive
of denaturants and permitted contaminants, comprises not less
than 9.2 percent by volume and not more than 10.0 percent by
volume of the blend as determined by an appropriate United
States Environment Protection Agency of American Society of
Testing Materials standard method of analysis of alcohol/ether
content in motor fuels.
Sec. 31. Minnesota Statutes 2002, section 500.221,
subdivision 2, is amended to read:
Subd. 2. [ALIENS AND NON-AMERICAN CORPORATIONS.] Except as
hereinafter provided, no natural person shall acquire directly
or indirectly any interest in agricultural land unless the
person is a citizen of the United States or a permanent resident
alien of the United States. In addition to the restrictions in
section 500.24, no corporation, partnership, limited
partnership, trustee, or other business entity shall directly or
indirectly, acquire or otherwise obtain any interest, whether
legal, beneficial or otherwise, in any title to agricultural
land unless at least 80 percent of each class of stock issued
and outstanding or 80 percent of the ultimate beneficial
interest of the entity is held directly or indirectly by
citizens of the United States or permanent resident aliens.
This section shall not apply:
(1) to agricultural land that may be acquired by devise,
inheritance, as security for indebtedness, by process of law in
the collection of debts, or by any procedure for the enforcement
of a lien or claim thereon, whether created by mortgage or
otherwise. All agricultural land acquired in the collection of
debts or by the enforcement of a lien or claim shall be disposed
of within three years after acquiring ownership;
(2) to citizens or subjects of a foreign country whose
rights to hold land are secured by treaty;
(3) to lands used for transportation purposes by a common
carrier, as defined in section 218.011, subdivision 10;
(4) to lands or interests in lands acquired for use in
connection with (i) the production of timber and forestry
products by a corporation organized under the laws of Minnesota,
or (ii) mining and mineral processing operations. Pending the
development of agricultural land for the production of timber
and forestry products or mining purposes the land may not be
used for farming except under lease to a family farm, a family
farm corporation or an authorized farm corporation;
(5) to agricultural land operated for research or
experimental purposes if the ownership of the agricultural land
is incidental to the research or experimental objectives of the
person or business entity and the total acreage owned by the
person or business entity does not exceed the acreage owned on
May 27, 1977;
(6) to the purchase of any tract of 40 acres or less for
facilities incidental to pipeline operation by a company
operating a pipeline as defined in section 116I.01, subdivision
3; or
(7) to agricultural land and land capable of being used as
farmland in vegetable processing operations that is reasonably
necessary to meet the requirements of pollution control law or
rules; or
(8) to an interest in agricultural land held on the
effective date of this section by a natural person with a
nonimmigrant treaty investment visa, pursuant to United States
Code, title 8, section 1101(a)15(E)(ii), if, within five years
after the effective date of this section, the person:
(i) disposes of all agricultural land held; or
(ii) becomes a permanent resident alien of the United
States or a United States citizen.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 32. [REPEALER.]
Subdivision 1. [ANAPLASMOSIS TESTING REQUIREMENT.]
Minnesota Statutes 2002, section 35.251, is repealed.
Subd. 2. [RELATED RULES.] Minnesota Rules, parts
1700.0800; 1700.1000; 1700.1300; 1705.0550; 1705.0560;
1705.0570; 1705.0580; 1705.0590; 1705.0600; 1705.0610;
1705.0630; and 1715.1430, are repealed.
Sec. 33. [REPEALER.]
Minnesota Statutes 2002, sections 31.92, subdivisions 2a
and 5; 31.93; 31.95; 32.391, subdivisions 1a, 1b, and 1c, are
repealed.
Sec. 34. [EFFECTIVE DATE.]
Section 1 is effective August 1, 2004. Sections 25 and 32
are effective the day following final enactment.
Presented to the governor May 23, 2003
Signed by the governor May 27, 2003, 6:00 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes