HF 3231

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 05/11/2016 09:18am

A bill for an act
relating to agriculture; making various policy and technical changes to
agriculture-related provisions; establishing a Farmer-Lender Mediation Task
Force and a Farm Safety Initiative; requiring reports; amending Minnesota
Statutes 2014, sections 18B.345; 28A.085, subdivision 1; 31.122; 31.94;
Minnesota Statutes 2015 Supplement, section 583.215; repealing Laws 2015,
First Special Session chapter 4, article 2, section 81.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 18B.345, is amended to read:

18B.345 PESTICIDE APPLICATION ON GOLF COURSES.

(a) Application of a pesticide to the property of a golf course must be performed by:

(1) a structural pest control applicator; or

(2) a commercial or noncommercial pesticide applicator deleted text begin with appropriate use
certification deleted text end .

(b) Pesticides determined by the commissioner to be sanitizers and disinfectants are
exempt from the requirements in paragraph (a).

Sec. 2.

Minnesota Statutes 2014, section 28A.085, subdivision 1, is amended to read:

Subdivision 1.

Violations; prohibited acts.

The commissioner may charge a
reinspection fee for each reinspection of a food handler that:

(1) is found with a major violation of requirements in chapter 28, 29, 30, 31, 31A,
32, 33, or 34, or rules adopted under one of those chapters; new text begin or
new text end

deleted text begin (2) is found with a violation of section 31.02, 31.161, or 31.165, and requires a
follow-up inspection after an administrative meeting held pursuant to section 34A.06; or
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end fails to correct equipment and facility deficiencies as required in rules adopted
under chapter 28, 29, 30, 31, 31A, 32, or 34.

The first reinspection of a firm with gross food sales under $1,000,000 must be
assessed at $150. The fee for a firm with gross food sales over $1,000,000 is $200. The
fee for a subsequent reinspection of a firm for the same violation is 50 percent of their
current license fee or $300, whichever is greater. The establishment must be issued written
notice of violations with a reasonable date for compliance listed on the notice. An initial
inspection relating to a complaint is not a reinspection.

Sec. 3.

Minnesota Statutes 2014, section 31.122, is amended to read:

31.122 FOOD; TOLERANCES FOR ADDED POISONOUS INGREDIENTS.

Any added poisonous or deleterious substance, any food additive, any pesticide
chemical in or on a raw agricultural commodity or any color additive, shall with respect
to any particular use or intended use be deemed unsafe for the purpose of application of
section deleted text begin 31.121, clause (b) deleted text end new text begin 34A.02, clause (2), new text end with respect to any food, unless there is in
effect a rule pursuant to section 31.101 limiting the quantity of such substance, and the use
or intended use of such substance conforms to the terms prescribed by such rule. While
such rules relating to such substance are in effect, a food shall not, by reason of bearing or
containing such substance in accordance with the rules, be considered adulterated within
the meaning of section deleted text begin 31.121, clause (a) deleted text end new text begin 34A.02, clause (1). This section also applies
to food prepared and sold by an individual who is exempt from food handler licensing
requirements pursuant to the cottage foods exemption in section 28A.152 new text end .

Sec. 4.

Minnesota Statutes 2014, section 31.94, is amended to read:

31.94 new text begin ORGANIC AGRICULTURE; new text end COMMISSIONER DUTIES.

(a) 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 new text begin and other research and education
institutions new text end 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 deleted text begin of how deleted text end new text begin about new text end state or federal programs deleted text begin could utilize and deleted text end new text begin that
new text end support organic agriculture practices; and

(5) work closely with producers, new text begin producer organizations, new text end the University of
Minnesota, deleted text begin the Minnesota Trade Office, deleted text end and other appropriate new text begin agencies and new text end 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.

(b) By November 15 of each year that ends in a zero or a five, the commissioner,
in conjunction with the task force created in 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 available data on
organic acreage and production, available data on the sales or market performance of
organic products, and recommendations regarding programs, policies, and research efforts
that will benefit Minnesota's organic agriculture sector.

(c) A Minnesota Organic Advisory Task Force shall advise the commissioner and the
University of Minnesota on policies and programs that will improve organic agriculture in
Minnesota, including how available resources can most effectively be used for outreach,
education, research, and technical assistance that meet the needs of the organic agriculture
deleted text begin community deleted text end new text begin sector new text end . The task force must consist of the following residents of the state:

(1) three organic farmers;

(2) one wholesaler or distributor of organic products;

(3) one representative of organic certification agencies;

(4) two organic processors;

(5) one representative from University of Minnesota Extension;

(6) one University of Minnesota faculty member;

(7) one representative from a nonprofit organization representing producers;

(8) two public members;

(9) one representative from the United States Department of Agriculture;

(10) one retailer of organic products; and

(11) one organic consumer representative.

The commissioner, in consultation with the director of the Minnesota Agricultural
Experiment Station; the dean and director of University of Minnesota Extension and the
dean of the College of Food, Agricultural and Natural Resource Sciences, shall appoint
members to serve three-year 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, deleted text begin 2016 deleted text end new text begin 2019 new text end .

(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 new text begin accredited new text end certification deleted text begin agents deleted text end
new text begin agencies new text end operating within the state.

Sec. 5.

Minnesota Statutes 2015 Supplement, section 583.215, is amended to read:

583.215 EXPIRATION.

Sections 336.9-601, subsections (h) and (i); 550.365; 559.209; 582.039; and 583.20
to 583.32, expire June 30, deleted text begin 2016 deleted text end new text begin 2018 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6. new text begin FARMER-LENDER MEDIATION TASK FORCE.
new text end

new text begin The commissioner of agriculture must convene an advisory task force to provide
recommendations to the legislature regarding the state's Farmer-Lender Mediation Act.
The task force must be comprised of 12 members, including one adult farm business
management instructor appointed by the commissioner and three farmers appointed by
the commissioner, at least one of whom is a beginning or nontraditional farmer and at
least one of whom has personal experience with the farmer-lender mediation program.
The remaining membership of the task force consists of one member appointed by each
of the following entities:
new text end

new text begin (1) Minnesota Farm Bureau;
new text end

new text begin (2) Minnesota Farmers Union;
new text end

new text begin (3) Minnesota Bankers Association;
new text end

new text begin (4) Independent Community Bankers of Minnesota;
new text end

new text begin (5) Farm Credit Services - Minnesota State Federation;
new text end

new text begin (6) Minnesota Credit Union Network;
new text end

new text begin (7) Minnesota-South Dakota Equipment Dealers Association; and
new text end

new text begin (8) University of Minnesota Extension.
new text end

new text begin No later than February 1, 2017, the commissioner must report the task force's
recommendations to the legislative committees with jurisdiction over agriculture policy
and finance.
new text end

Sec. 7. new text begin FARM SAFETY INITIATIVE.
new text end

new text begin (a) The commissioner of agriculture shall analyze the range of safety challenges
presented in the operation of a farm. The commissioner's analysis shall include
consultation with organizations in Minnesota that address issues of farm safety. The
commissioner shall report the findings to the legislative committees with jurisdiction over
agricultural policy by February 1, 2017. The report must, at a minimum:
new text end

new text begin (1) provide information on how other states in the Midwest, including but not limited
to Wisconsin, Iowa, and Nebraska, address farm safety issues;
new text end

new text begin (2) identify common safety issues faced by Minnesota farmers that need attention,
including common causes of farm-related accidents;
new text end

new text begin (3) identify how farm safety programs can better serve the growing farm labor
population; and
new text end

new text begin (4) make recommendations to the legislature on how to improve farm safety efforts
in Minnesota.
new text end

new text begin (b) By October 1, 2016, the commissioner of agriculture shall compile an inventory
of farm safety programs and resources that are currently available in Minnesota. After
compiling the inventory, the commissioner shall make available the inventory and promote
to farm operators in Minnesota the farm safety programs and resources contained in
the inventory.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Laws 2015, First Special Session chapter 4, article 2, section 81, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end