1.1 	A bill for an act
1.2 	relating to agriculture; changing certain provisions
1.3 	concerning plant pests, nursery stock, and
1.4 	wildflowers; amending Minnesota Statutes 2004,
1.5 	sections 18G.03, subdivision 1; 18H.02, subdivisions
1.6 	21, 22, 23, 32, 34, by adding a subdivision; 18H.05;
1.7 	18H.06; 18H.09; 18H.13, subdivision 1; 18H.15; 18H.18,
1.8 	subdivision 1; repealing Minnesota Statutes 2004,
1.9 	section 18H.02, subdivisions 15, 19.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2004, section 18G.03,
1.12 	subdivision 1, is amended to read:
1.13 		Subdivision 1.Entry and inspection.  (a) The
1.14 	commissioner may enter and inspect a public or private place
1.15 	that might harbor plant pests and may require that the owner
1.16 	destroy or treat plant pests, plants, or other material.
1.17 	(b) If the owner fails to properly comply with a directive
1.18 	of the commissioner, the commissioner may have any necessary
1.19 	work done at the owner's expense.  The commissioner shall notify
1.20 	the owner of the deadline for paying those expenses.  If the
1.21 	owner does not reimburse the commissioner for an expense within
1.22 	a time specified by the commissioner, the expense is a charge
1.23 	upon the county as provided in subdivision 4.
1.24 	(c) If a dangerous harmful plant pest infestation or
1.25 	infection threatens plants of an area in the state, the
1.26 	commissioner may take any measures necessary to eliminate or
1.27 	alleviate the danger potential significant damage or harm.
2.1 	(d) The commissioner may collect fees required by this
2.2 	chapter.
2.3 	(e) The commissioner may issue and enforce a written or
2.4 	printed "stop-sale" order orders, compliance agreements, and
2.5 	other directives and requests to the owner or custodian of any
2.6 	plants or articles infested or infected with dangerously
2.7 	injurious a harmful plant pests pest.

2.8 	Sec. 2. Minnesota Statutes 2004, section 18H.02, is
2.9 	amended by adding a subdivision to read:
2.10 		Subd. 12a.Individual. "Individual" means a human being.

2.11 	Sec. 3. Minnesota Statutes 2004, section 18H.02,
2.12 	subdivision 21, is amended to read:
2.13 		Subd. 21.Nursery stock broker.  "Nursery stock broker"
2.14 	means a nursery stock dealer engaged in the business of selling
2.15 	or reselling certified nursery stock as a business transaction
2.16 	without taking ownership or handling the nursery stock.

2.17 	Sec. 4. Minnesota Statutes 2004, section 18H.02,
2.18 	subdivision 22, is amended to read:
2.19 		Subd. 22.Nursery stock dealer.  "Nursery stock dealer"
2.20 	means a person involved in the acquisition and further
2.21 	distribution of certified nursery stock; the utilization of
2.22 	certified nursery stock for landscaping or purchase of certified 
2.23 	nursery stock for other persons; or the distribution
2.24 	of certified nursery stock with a mechanical digger, commonly
2.25 	known as a tree spade, or by any other means.  A person who
2.26 	purchases more than half of the certified nursery stock offered
2.27 	for sale at a sales location during the current certificate year
2.28 	is considered a nursery stock dealer rather than a nursery stock
2.29 	grower for the purposes of determining a proper fee schedule.
2.30 	Nursery stock brokers, landscapers, and tree spade operators are
2.31 	considered nursery stock dealers for purposes of determining
2.32 	proper certification.

2.33 	Sec. 5. Minnesota Statutes 2004, section 18H.02,
2.34 	subdivision 23, is amended to read:
2.35 		Subd. 23.Nursery stock grower.  "Nursery stock grower"
2.36 	includes, but is not limited to, a person who raises, grows, or
3.1 	propagates nursery stock, outdoors or indoors.  A person who
3.2 	grows more than half of the certified nursery stock offered for
3.3 	sale at a sales location during the current certificate year is
3.4 	considered a nursery stock grower for the purpose of determining
3.5 	a proper fee schedule.

3.6 	Sec. 6. Minnesota Statutes 2004, section 18H.02,
3.7 	subdivision 32, is amended to read:
3.8 		Subd. 32.Sales location.  "Sales location" means a fixed
3.9 	location from which certified nursery stock is displayed or
3.10 	distributed.

3.11 	Sec. 7. Minnesota Statutes 2004, section 18H.02,
3.12 	subdivision 34, is amended to read:
3.13 		Subd. 34.Tree spade operator.  "Tree spade operator"
3.14 	means a nursery stock dealer person who uses a tree spade to dig
3.15 	nursery stock and sells , sell, offers offer for sale,
3.16 	distributes distribute, and transports or transport certified
3.17 	nursery stock.

3.18 	Sec. 8. Minnesota Statutes 2004, section 18H.05, is
3.19 	amended to read:
3.20 	18H.05 NURSERY CERTIFICATE REQUIREMENTS.
3.21 	(a) No person may offer for sale or distribute certified 
3.22 	nursery stock as a nursery stock grower or dealer without first
3.23 	obtaining the appropriate nursery stock certificate from the
3.24 	commissioner. The commissioner may not issue a certificate to a
3.25 	person who does not sell certified nursery stock.Certificates
3.26 	are issued solely for these purposes and may not be used for
3.27 	other purposes.
3.28 	(b) A certificate issued by the commissioner expires on
3.29 	December 31 of the year it is issued.
3.30 	(c) A person required to be certified by this section must
3.31 	apply for a certificate or for renewal on a form furnished by
3.32 	the commissioner which must contain:
3.33 	(1) the name and address of the applicant, the number of
3.34 	locations to be operated by the applicant and their addresses,
3.35 	and the assumed business name of the applicant;
3.36 	(2) if other than an individual, a statement whether a
4.1 	person is a partnership, corporation, or other organization; and 
4.2 	(3) the type of business to be operated and, if the
4.3 	applicant is an agent, the principals the applicant represents;
4.4 	and 
4.5 	(4) source or sources of purchased nursery stock.
4.6 	(d) No person may:
4.7 	(1) falsely claim to be a certified dealer, grower, broker,
4.8 	or agent; or 
4.9 	(2) make willful false statements when applying for a
4.10 	certificate; or 
4.11 	(3) sell or distribute certified nursery stock to an
4.12 	uncertified nursery stock dealer or nursery stock grower.
4.13 	(e) Each application for a certificate must be accompanied
4.14 	by the appropriate certificate fee under section 18H.07.
4.15 	(f) Certificates issued by the commissioner must be
4.16 	prominently displayed to the public in the place of business
4.17 	where certified nursery stock is sold or distributed.
4.18 	(g) The commissioner may refuse to issue a certificate for
4.19 	cause.
4.20 	(h) Each grower or dealer is entitled to one sales location
4.21 	under the certificate of the grower or dealer.  Each additional
4.22 	sales location maintained by the person requires the payment of
4.23 	the full certificate fee for each additional sales outlet.
4.24 	(i) A grower who is also a dealer is certified only as a
4.25 	grower for that specific site.
4.26 	(j) A certificate is personal to the applicant and may not
4.27 	be transferred.  A new certificate is necessary if the business
4.28 	entity is changed or if the membership of a partnership is
4.29 	changed, whether or not the business name is changed.
4.30 	(k) The certificate issued to a dealer or grower applies to
4.31 	the particular premises named in the certificate.  However, if
4.32 	prior approval is obtained from the commissioner, the place of
4.33 	business may be moved to the other premises or location without
4.34 	an additional certificate fee.
4.35 	(l) A collector of nursery stock from the wild is required
4.36 	to obtain a dealer's certificate from the commissioner and is
5.1 	subject to all the requirements that apply to the inspection of
5.2 	nursery stock.  All collected nursery stock must be labeled as
5.3 	"collected from the wild."

5.4 	Sec. 9. Minnesota Statutes 2004, section 18H.06, is
5.5 	amended to read:
5.6 	18H.06 EXEMPT NURSERY SALES.
5.7 		Subdivision 1.Not-for-profit sales. An organization or
5.8 	individual may offer for sale certified nursery stock and be
5.9 	exempt from the requirement to obtain a nursery stock dealer
5.10 	certificate if sales are conducted by a nonprofit charitable,
5.11 	educational, or religious organization that:
5.12 	(1) conducts sales or distributions of certified nursery
5.13 	stock on 14 ten or fewer days in a calendar year; and
5.14 	(2) uses the proceeds from its certified nursery stock
5.15 	sales or distribution for charitable, educational, or religious
5.16 	purposes.
5.17 		Subd. 2.nursery hobbyist occasional sales. (a) An
5.18 	organization or individual may offer nursery stock for sale and
5.19 	be exempt from the requirement to obtain a nursery stock dealer
5.20 	certificate if:
5.21 	(1) the gross sales of all nursery stock in a calendar year
5.22 	do not exceed $2,000;
5.23 	(2) all nursery stock sold or distributed by the hobbyist 
5.24 	individual is intended for planting in Minnesota; and 
5.25 	(3) all nursery stock purchased or procured for resale or
5.26 	distribution was grown in Minnesota and has been certified by
5.27 	the commissioner; and 
5.28 	(4) conducts sales or distributions of nursery stock on ten
5.29 	or fewer days in a calendar year.
5.30 	(b) The commissioner may prescribe the conditions of the
5.31 	exempt nursery sales under this subdivision and may conduct
5.32 	routine inspections of the nursery stock offered for sale.

5.33 	Sec. 10. Minnesota Statutes 2004, section 18H.09, is
5.34 	amended to read:
5.35 	18H.09 NURSERY INSPECTIONS REQUIRED STOCK CERTIFICATION
5.36 	REQUIREMENTS.
6.1 	(a) All nursery stock growing at sites in Minnesota must
6.2 	have had an identified by nursery stock growers and submitted
6.3 	for inspection must be inspected by the commissioner during 
6.4 	within the previous 12 months prior to sale and found apparently
6.5 	free from quarantine and regulated nonquarantine pests as well
6.6 	as significantly dangerous or potentially damaging plant pests.
6.7 	The commissioner may waive a site inspection under the following
6.8 	conditions:
6.9 	(1) the nursery stock is not going to be sold within 12
6.10 	months;
6.11 	(2) the nursery stock will not be moved out of Minnesota;
6.12 	and 
6.13 	(3) the nursery site or stock is not subject to
6.14 	certification requirements associated with a state or federally
6.15 	regulated or quarantined plant pest.
6.16 	All nursery stock originating from out of state and offered
6.17 	for sale in Minnesota must have been inspected by the
6.18 	appropriate state or federal agency during the previous 12
6.19 	months and found free from quarantine and regulated
6.20 	nonquarantine pests as well as significantly dangerous or
6.21 	potentially damaging plant pests.  A nursery stock certificate
6.22 	is valid from January 1 to December 31.
6.23 	(b) Nursery stock must be accessible to the commissioner
6.24 	for inspection during regular business hours.  Weeds or other
6.25 	growth that hinder a proper inspection are grounds to suspend or
6.26 	withhold a certificate or require a reinspection.
6.27 	(c) Inspection reports issued to growers must contain a
6.28 	list of the plant pests found at the time of inspection.
6.29 	Withdrawal-from-distribution orders are considered part of the
6.30 	inspection reports.  A withdrawal-from-distribution order must
6.31 	contain a list of plants withdrawn from distribution and the
6.32 	location of the plants.
6.33 	(d) The commissioner may post signs to delineate sections
6.34 	withdrawn from distribution.  These signs must remain in place
6.35 	until the commissioner removes them or grants written permission
6.36 	to the grower to remove the signs.
7.1 	(e) Inspection reports issued to dealers must outline the
7.2 	violations involved and corrective actions to be taken including
7.3 	withdrawal-from-distribution orders which would specify nursery
7.4 	stock that could not be distributed from a certain area.
7.5 	(f) Optional inspections of plants may be conducted by the
7.6 	commissioner upon request by any persons desiring an
7.7 	inspection.  A fee as provided in section 18H.07 must be charged
7.8 	for such an inspection.

7.9 	Sec. 11. Minnesota Statutes 2004, section 18H.13,
7.10 	subdivision 1, is amended to read:
7.11 		Subdivision 1.labeling identification of
7.12 	origin. Plants, plant materials, or nursery stock distributed
7.13 	into Minnesota must be conspicuously labeled on the exterior
7.14 	with the name of the consignor, the state of origin, and the
7.15 	name of the consignee and must be accompanied by certification
7.16 	documents to satisfy all applicable state and federal
7.17 	quarantines.Proof of valid nursery certification and origin of
7.18 	all nursery stock must also accompany the shipment.  It is the
7.19 	shared responsibility of both the consignee and consignor to
7.20 	examine all shipments for the presence of current and applicable
7.21 	nursery stock certifications for all plant material from all
7.22 	sources of stock in each shipment.

7.23 	Sec. 12. Minnesota Statutes 2004, section 18H.15, is
7.24 	amended to read:
7.25 	18H.15 VIOLATIONS.
7.26 	(a) A person who offers to distribute nursery stock that is
7.27 	uncertified, uninspected, or falsely labeled or advertised
7.28 	possesses an illegal regulated commodity that is considered
7.29 	infested or infected with harmful plant pests and subject to
7.30 	regulatory action and control.  If the commissioner determines
7.31 	that the provisions of this section have been violated, the
7.32 	commissioner may order the destruction of all of the plants
7.33 	unless the person:
7.34 	(1) provides proper phytosanitary preclearance,
7.35 	phytosanitary certification, or nursery stock certification;
7.36 	(2) agrees to have the plants, plant materials, or nursery
8.1 	stock returned to the consignor; and
8.2 	(3) provides proper documentation, certification, or
8.3 	compliance to support advertising claims.
8.4 	(b) The plant owner is liable for all costs associated with
8.5 	a withdrawal-from-distribution order or the quarantine,
8.6 	treatment, or destruction of plants.  The commissioner is not
8.7 	liable for actual or incidental costs incurred by a person due
8.8 	to the commissioner's actions.  The commissioner must be
8.9 	reimbursed by the owner of the plants for the actual expenses
8.10 	incurred in carrying out a withdrawal-from-distribution order or
8.11 	the quarantine, treatment, or destruction of any plants.
8.12 	(c) It is unlawful for a person to:
8.13 	(1) misrepresent, falsify, or knowingly distribute, sell,
8.14 	advertise, or display damaged, mislabeled, misrepresented,
8.15 	infested, or infected nursery stock;
8.16 	(2) fail to obtain a nursery certificate as required by the
8.17 	commissioner;
8.18 	(3) fail to renew a nursery certificate, but continue
8.19 	business operations;
8.20 	(4) fail to display a nursery certificate;
8.21 	(5) misrepresent or falsify a nursery certificate;
8.22 	(6) refuse to submit to a nursery inspection;
8.23 	(7) fail to provide the cooperation necessary to conduct a
8.24 	successful nursery inspection;
8.25 	(8) offer for sale uncertified plants, plant materials, or
8.26 	nursery stock;
8.27 	(9) possess an illegal regulated commodity;
8.28 	(10) violate or disobey a commissioner's order;
8.29 	(11) violate a quarantine issued by the commissioner;
8.30 	(12) fail to obtain phytosanitary certification for plant
8.31 	material or nursery stock brought into Minnesota;
8.32 	(13) deface, mutilate, or destroy a nursery stock
8.33 	certificate, phytosanitary certificate, or phytosanitary
8.34 	preclearance certificate, or other commissioner mark, permit, or
8.35 	certificate;
8.36 	(14) fail to notify the commissioner of an uncertified
9.1 	shipment of plants, plant materials, or nursery stock; or 
9.2 	(15) transport uncertified plants, plant materials, or
9.3 	nursery stock in Minnesota; or 
9.4 	(16) sell nursery stock to an uncertified nursery stock
9.5 	dealer.

9.6 	Sec. 13. Minnesota Statutes 2004, section 18H.18,
9.7 	subdivision 1, is amended to read:
9.8 		Subdivision 1.Restrictions on collecting.  No person
9.9 	shall distribute the state flower (Cypripedium reginae), or any
9.10 	species of lady slipper (Cypripedieae) orchids
9.11 	(Orchidaceae), any member of the orchid family,any gentian
9.12 	(Gentiana), arbutus (Epigaea repens), lilies (Lilium species ),
9.13 	coneflowers (Echinacea species ), bloodroot (Sanguinaria
9.14 	canadensis), mayapple (Podophyllum peltatutum), any species of
9.15 	trillium (Trillium species), or lotus (Nelumbo lutea), which
9.16 	have been collected in any manner from any public or private
9.17 	property without the written permission of the property owner
9.18 	and written authorization from the commissioner.

9.19 	Sec. 14. REPEALER.
 9.20 	Minnesota Statutes 2004, section 18H.02, subdivisions 15
9.21 	and 19, are repealed.