1.1                          A bill for an act 
  1.2             relating to agriculture; adopting federal rules; 
  1.3             amending Minnesota Statutes 2000, sections 18B.06, 
  1.4             subdivision 1, and by adding subdivisions; 18C.121, by 
  1.5             adding subdivisions; 21.85, by adding a subdivision; 
  1.6             25.40, subdivision 1, and by adding subdivisions; and 
  1.7             29.237. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2000, section 18B.06, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [AUTHORITY.] The commissioner shall adopt 
  1.12  rules to implement and enforce this chapter including procedures 
  1.13  addressing local control of pesticide regulation.  Rules adopted 
  1.14  under this chapter are part of this chapter and a violation of 
  1.15  the rules is a violation of a provision of this chapter.  The 
  1.16  rules, when applicable, must conform, insofar as practicable and 
  1.17  consistent with state law, with those promulgated under federal 
  1.18  law. 
  1.19     Sec. 2.  Minnesota Statutes 2000, section 18B.06, is 
  1.20  amended by adding a subdivision to read: 
  1.21     Subd. 1a.  [PESTICIDE CHEMICAL RULES.] Federal pesticide 
  1.22  regulations in effect on April 1, 2001, adopted under authority 
  1.23  of the Federal Insecticide, Fungicide and Rodenticide Act 
  1.24  (FIFRA), as provided by United States Code, title 7, chapter 6, 
  1.25  are adopted as the pesticide chemical rules in this state. 
  1.26     Sec. 3.  Minnesota Statutes 2000, section 18B.06, is 
  2.1   amended by adding a subdivision to read: 
  2.2      Subd. 2a.  [PESTICIDE REGISTRATION RULES.] Federal 
  2.3   pesticide registration regulations in effect on April 1, 2001, 
  2.4   adopted under the authority of Code of Federal Regulations, 
  2.5   title 40, part 162, Regulations Pertaining to State Registration 
  2.6   of Pesticides to Meet Special Local Needs, and not otherwise 
  2.7   adopted herein, are adopted as the pesticide registration rules 
  2.8   in this state. 
  2.9      Sec. 4.  Minnesota Statutes 2000, section 18B.06, is 
  2.10  amended by adding a subdivision to read: 
  2.11     Subd. 2b.  [LABELING OF PESTICIDES AND PESTICIDE STORAGE 
  2.12  CONTAINERS RULES.] Every pesticide product and pesticide storage 
  2.13  container must bear a current pesticide product label as 
  2.14  required by the United States Environmental Protection Agency.  
  2.15  For outside storage, the label required under this subdivision 
  2.16  must be placed on the storage container to be visible from 
  2.17  outside of the secondary containment area.  The label must be 
  2.18  legible at all times.  All pesticide labels must be as specified 
  2.19  in Code of Federal Regulations, title 40, part 152, Labeling 
  2.20  Requirements for Pesticides and Devices, in effect on July 1, 
  2.21  2000. 
  2.22     Sec. 5.  Minnesota Statutes 2000, section 18B.06, is 
  2.23  amended by adding a subdivision to read: 
  2.24     Subd. 2c.  [CERTIFICATION OF PESTICIDE APPLICATORS 
  2.25  RULES.] Federal regulations in effect on April 1, 2001, as 
  2.26  provided by Code of Federal Regulations, title 40, part 171, 
  2.27  Certification of Pesticide Applicators, in effect on July 1, 
  2.28  2000, are adopted as part of the state pesticide applicator 
  2.29  certification. 
  2.30     Sec. 6.  Minnesota Statutes 2000, section 18C.121, is 
  2.31  amended by adding a subdivision to read: 
  2.32     Subd. 5.  [OCCUPATIONAL SAFETY AND HEALTH RULES.] For 
  2.33  purposes of this chapter, applicable federal regulations 
  2.34  contained in Code of Federal Regulations, title 29, parts 1900 
  2.35  to 1910 (Labor), Occupational Safety and Health Regulations, in 
  2.36  effect on April 1, 2001, are adopted as occupational safety and 
  3.1   health rules. 
  3.2      Sec. 7.  Minnesota Statutes 2000, section 18C.121, is 
  3.3   amended by adding a subdivision to read: 
  3.4      Subd. 6.  [TRANSPORT AND TRANSPORTATION RULES.] For 
  3.5   purposes of this chapter, Code of Federal Regulations, title 49, 
  3.6   parts 300 to 339 and 393, Federal Highway Administration, 
  3.7   Department of Transportation Regulations, in effect on April 1, 
  3.8   2001, are adopted as transport and transportation rules. 
  3.9      Sec. 8.  Minnesota Statutes 2000, section 18C.121, is 
  3.10  amended by adding a subdivision to read: 
  3.11     Subd. 7.  [DEPARTMENT OF TRANSPORTATION REGULATIONS.] For 
  3.12  purposes of this chapter, the Hazardous Materials Regulations of 
  3.13  the U.S. Department of Transportation, Code of Federal 
  3.14  Regulations, title 49, parts 100 to 199, Specifications for 
  3.15  Shipping Containers, in effect on April 1, 2001, are adopted as 
  3.16  hazardous materials transportation rules in this state. 
  3.17     Sec. 9.  Minnesota Statutes 2000, section 21.85, is amended 
  3.18  by adding a subdivision to read: 
  3.19     Subd. 15.  [SEED REGULATIONS.] Applicable federal 
  3.20  regulations in effect on April 1, 2001, as provided by Code of 
  3.21  Federal Regulations, title 7, part 201, Federal Seed Act 
  3.22  Regulations, are adopted as part of the Minnesota Seed Law.  The 
  3.23  rules may be amended by the commissioner in accordance with the 
  3.24  Administrative Procedure Act. 
  3.25     Sec. 10.  Minnesota Statutes 2000, section 25.40, 
  3.26  subdivision 1, is amended to read: 
  3.27     Subdivision 1.  [FEED AND PET FOODS.] The commissioner may 
  3.28  promulgate such rules for commercial feeds and pet foods as are 
  3.29  authorized in sections 25.31 to 25.43 and such other reasonable 
  3.30  rules as may be necessary for the efficient enforcement of 
  3.31  sections 25.31 to 25.43.  In the interest of uniformity the 
  3.32  commissioner shall by rule adopt, unless the commissioner 
  3.33  determines that they are inconsistent with the provisions of 
  3.34  sections 25.31 to 25.43 or are not appropriate to conditions 
  3.35  which exist in this state, the following: 
  3.36     (a) the official definitions of feed ingredients and 
  4.1   official feed terms adopted by the Association of American Feed 
  4.2   Control Officials and published in the official publication of 
  4.3   that organization, and 
  4.4      (b) Any rule promulgated pursuant to the authority of the 
  4.5   federal Food, Drug, and Cosmetic Act, provided, that the 
  4.6   commissioner would have the authority under sections 25.31 to 
  4.7   25.43 to promulgate such rules. 
  4.8      Sec. 11.  Minnesota Statutes 2000, section 25.40, is 
  4.9   amended by adding a subdivision to read: 
  4.10     Subd. 1a.  [FOOD AND DRUG RULES.] For purposes of this 
  4.11  chapter, applicable federal regulations, contained in Code of 
  4.12  Federal Regulations, title 21, parts 70, 82, 99, and 500 to 589, 
  4.13  Food and Drugs, in effect on April 1, 2001, are adopted as food 
  4.14  rules of this state.  The rules may be amended by the 
  4.15  commissioner in accordance with the Administrative Procedure Act.
  4.16     Sec. 12.  Minnesota Statutes 2000, section 25.40, is 
  4.17  amended by adding a subdivision to read: 
  4.18     Subd. 3.  [GOOD MANUFACTURING PROCESS.] For purposes of 
  4.19  section 25.37, paragraph (a), clause (4), the commissioner 
  4.20  adopts the following as current good manufacturing practices for 
  4.21  medicated feeds and medicated premixes as published in Code of 
  4.22  Federal Regulations, title 21, part 225, sections 225.10 to 
  4.23  225.202, in effect on April 1, 2000.  The rules may be amended 
  4.24  by the commissioner in accordance with the Administrative 
  4.25  Procedure Act.  
  4.26     Sec. 13.  Minnesota Statutes 2000, section 25.40, is 
  4.27  amended by adding a subdivision to read: 
  4.28     Subd. 4.  [DRUG AND FEED ADDITIVE RULES.] Drug and feed 
  4.29  additive regulations in effect on April 1, 2001, adopted under 
  4.30  authority of the federal Food, Drug and Cosmetics Act, as 
  4.31  provided by United States Code, title 21, chapter 9, are the 
  4.32  drug and feed additive rules in this state.  The rules may be 
  4.33  amended by the commissioner in accordance with the 
  4.34  Administrative Procedure Act. 
  4.35     Sec. 14.  Minnesota Statutes 2000, section 29.237, is 
  4.36  amended to read: 
  5.1      29.237 [UNIFORMITY WITH FEDERAL LAW.] 
  5.2      Subdivision 1.  [SHELL EGGS.] Federal regulations governing 
  5.3   the grading of shell eggs and United States standards, grades, 
  5.4   and weight classes for shell eggs, in effect on July 1, 
  5.5   1990 January 1, 2000, as provided by Code of Federal 
  5.6   Regulations, title 7, part 56, are the grading and candling 
  5.7   rules in this state, subject to amendment by the commissioner 
  5.8   under chapter 14, the Administrative Procedure Act. 
  5.9      Subd. 2.  [INSPECTION.] Federal regulations governing the 
  5.10  inspection of eggs and egg products, in effect on May 1, 
  5.11  1990 January 1, 2000, as provided by Code of Federal 
  5.12  Regulations, title 7, part 59, are the inspection of egg and egg 
  5.13  products rules in this state, subject to amendment by the 
  5.14  commissioner under chapter 14, the Administrative Procedure Act.