1999 Minnesota Statutes

CHAPTER 17B. Grain inspection

     17B.01 Citation.  

    Sections 17B.01 to 17B.29 may be cited as the Minnesota 
 Grain Inspection, Weighing, Sampling, and Analysis Act.  

    HIST: 1974 c 548 s 1 

     17B.02 Definitions. 

    Subdivision 1.    Scope.  As used in sections 17B.01 to 
 17B.29, the terms defined in this section have the meanings 
 given them.  

    Subd. 2.    Department.  "Department" means the 
 Minnesota department of agriculture.  

    Subd. 3.    Commissioner.  "Commissioner" means the 
 commissioner of agriculture or the commissioner's authorized 
 representative.  

    Subd. 3a.    Discount.  "Discount" means an offer or 
 purchase price for grain that is lower than the base or standard 
 price offered by a buyer at a certain time and at a specified 
 location.  A discount price represents the lower than normal 
 value of the grain because of inferior quality as determined by 
 measurement of grade, dockage, test weight, or other factors. 

    Subd. 4.    Person.  "Person" means any individual, 
 firm, copartnership, cooperative, company, association, and 
 corporation, or their lessees, trustees, or receivers.  

    Subd. 5.    Premium.  "Premium" means an offer or a 
 purchase price for corn, soybeans, or wheat that exceeds the 
 base or standard price offered by a buyer at a certain time and 
 at a specified location.  A premium price represents the higher 
 than normal value of the grain because of superior quality as 
 determined by measurement of grade, dockage, test weight, or 
 other factors. 

    Subd. 6.    Test equipment.  "Test equipment" means the 
 mechanical and electronic devices commonly used in measurement 
 of grain qualities including protein content, moisture content, 
 and test weight. 

    Subd. 7.    Test equipment operator.  "Test equipment 
 operator" means a person assigned by the management of an 
 elevator or grain storage facility who is chiefly responsible 
 for the preparation and analysis of grain samples for protein 
 content, test weight, moisture content, and other qualities upon 
 which price is determined. 

    HIST: 1974 c 548 s 2; 1986 c 444; 1988 c 688 art 6 s 1 

     17B.03 Grain weighing, sampling, analysis; laboratory 
  evaluation. 

    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. 

    Subd. 2.    Samples.  The commissioner also may accept 
 upon request samples drawn by and certified to by contracting 
 parties for inspection, analysis and grading by state laboratory 
 personnel. 

    Subd. 3.    Laboratories.  The commissioner may 
 establish a procedure to be used in evaluating grain testing 
 laboratories and their laboratory procedures and methodology to 
 the end that such laboratory procedures and methodology may be 
 uniform with state procedures and methodology. 

    HIST: 1974 c 548 s 3; 1978 c 610 s 1 

     17B.04 State inspection and weighing. 

    Subdivision 1.    Furnishing service.  The 
 commissioner, upon proper application for state inspection or 
 weighing of grain by any person interested at any point within 
 the state, may furnish such service, if the commissioner deems 
 it expedient; provided, such person first agrees to pay all 
 costs of the service.  Rules governing state inspection and 
 weighing at other terminals shall apply at such points. 

    Subd. 2.    Shipper to affix tags.  Every shipper of 
 grain shall fasten upon the inside of each car shipped a card 
 giving the number and initials or other distinctive mark of such 
 car, the date of shipment, and the exact weight of the grain in 
 such car, as claimed by the shipper.  If the shipper fails to do 
 so, the official weight shall be prima facie evidence of the 
 quantity of grain shipped in such car. 

    Subd. 3.    Samples to be furnished; fees.  The 
 commissioner is hereby authorized to furnish persons entitled 
 thereto, when requested by them, samples of grain from any car 
 from which samples are taken for inspection and grading.  The 
 fees for the furnishing of such samples shall be fixed by the 
 commissioner. 

    HIST: 1974 c 548 s 4; 1978 c 610 s 2; 1986 c 444 

     17B.041 Commissioner to review accuracy of test 
  equipment and test equipment operators. 

    Subdivision 1.    Periodic review; equipment and 
 operators.  The commissioner shall implement, by rule, a 
 program for the periodic review of protein analysis, test 
 weight, dockage testing devices, moisture testing equipment, and 
 other equipment used to determine qualities upon which price is 
 determined, and the operators of the equipment.  If a review is 
 performed by department personnel at the site of the test 
 equipment, the review must consist of the performance of routine 
 tests and analysis on one or more samples of grain by the 
 principal operator of the test equipment. 

    Subd. 2.    Tagging of out-of-compliance test equipment. 
  Personnel of the department who perform an on-site review of 
 test equipment and operators shall prohibit the further use of 
 test equipment that fails to meet and maintain acceptable 
 tolerance levels established by rule. 

    Subd. 3.    Follow-up review upon request.  The 
 commissioner shall arrange for a follow-up review within seven 
 business days of a periodic review if a follow-up review is 
 requested by the test equipment operator. 

    Subd. 4.    Request for commissioner to schedule a review. 
  A purchaser or seller of grain may request the commissioner 
 to perform a review of the test equipment and test equipment 
 operator that is used to test the grain.  A signed request must 
 be submitted to the commissioner and upon receipt of a request, 
 the commissioner shall schedule a review at a reasonable time 
 considering other duties and responsibilities of the department 
 personnel. 

    Subd. 5.    State not liable.  The state is not liable 
 to a seller or purchaser of grain for losses resulting from 
 erroneous tests or analysis by test equipment or test equipment 
 operators, whether reviewed by the department or not, if the 
 commissioner and the department have exercised due care in the 
 scheduling and conduct of reviews under subdivisions 1 and 3. 

    HIST: 1988 c 688 art 6 s 2; 1995 c 233 art 2 s 56 

     17B.0451 Grain quality; premiums; discounts. 

    Subdivision 1.    Corn; weight.  A purchaser of corn who 
 provides a discount for corn that falls below the standard test 
 weight for corn must offer an equal or greater premium for corn 
 that has a test weight higher than the standard test weight. 

    Subd. 2.    Soybeans; weight.  A purchaser of soybeans 
 who provides a discount for soybeans that fall below the 
 standard test weight for soybeans must offer an equal or greater 
 premium for soybeans that have a test weight higher than the 
 standard test weight. 

    Subd. 3.    Wheat; weight.  A purchaser of wheat who 
 provides a discount for wheat that falls below the standard test 
 weight for wheat must offer an equal or greater premium for 
 wheat that has a test weight higher than the standard test 
 weight. 

    Subd. 4.    Corn; foreign material.  A purchaser of corn 
 who provides a discount for corn that falls below the standard 
 for foreign material for corn must offer an equal or greater 
 premium for corn that has less foreign material than the 
 standard.  For corn, foreign material includes broken corn and 
 foreign material. 

    Subd. 5.    Soybeans; foreign material.  A purchaser of 
 soybeans who provides a discount for soybeans that fall below 
 the standard for foreign material for soybean must offer an 
 equal or greater premium for soybeans that have less foreign 
 material than the standard.  

    Subd. 6.    Wheat; foreign material.  A purchaser of 
 wheat who provides a discount for wheat that falls below the 
 standard for foreign material for wheat must offer an equal or 
 greater premium for wheat that has less foreign material than 
 the standard.  

    Subd. 7.    Corn; damage.  A purchaser of corn who 
 provides a discount for corn that falls below the standard for 
 total damaged kernels for corn must offer an equal or greater 
 premium for corn that has less total damaged kernels than the 
 standard. 

    Subd. 8.    Soybeans; damage.  A purchaser of soybeans 
 who provides a discount for soybeans that fall below the 
 standard for total damaged kernels for soybeans must offer an 
 equal or greater premium for soybeans that have less total 
 damaged kernels than the standard. 

    Subd. 9.    Wheat; damage.  A purchaser of wheat who 
 provides a discount for wheat that falls below the standard for 
 total damaged kernels for wheat must offer an equal or greater 
 premium for wheat that has less total damaged kernels than the 
 standard.  

    Subd. 10.    Effective date.  Subdivision 1, 2, 3, 4, 5, 
 6, 7, 8, or 9 is effective 30 days after at least three states 
 representing 30 percent or more of the national production of 
 that grain according to the current United States Department of 
 Agriculture crop production summary requires that a premium be 
 paid for the grain based on the factors provided in the 
 section.  Subdivision 1, 2, 3, 4, 5, 6, 7, 8, or 9 applies to 
 purchasers of grain in this state 30 days after the commissioner 
 publishes notice in the State Register that the subdivision is 
 effective.  The commissioner must notify affected licensed 
 purchasers of grain that subdivision 1, 2, 3, 4, 5, 6, 7, 8, or 
 9 is effective by ten days after notice is published in the 
 State Register.  

    HIST: 1988 c 688 art 6 s 3-11,14 

     17B.048 Loads may be averaged. 

    Subdivision 1.    Loads averaged by mutual agreement.  A 
 purchaser and a seller of grain may, by mutual agreement, 
 average the measurements from multiple loads of acceptable 
 quality grain with respect to those factors used to determine 
 price. 

    Subd. 2.    Notice to be posted.  A business licensed to 
 buy or receive grain must post the following notice in a 
 conspicuous place.  The notice must be at least 8-1/2 by 11 
 inches in size with letters at least one-half inch in size 
 stating:  "UNDER MINNESOTA STATUTES, SECTION 17B.048, A 
 PURCHASER AND A SELLER OF GRAIN MAY, BY MUTUAL AGREEMENT, 
 AVERAGE THE MEASUREMENTS FROM MULTIPLE LOADS OF ACCEPTABLE 
 QUALITY GRAIN WITH RESPECT TO THOSE FACTORS USED TO DETERMINE 
 PRICE."  The commissioner shall provide copies of the notice to 
 each business licensed to buy or receive grain. 

    HIST: 1988 c 688 art 6 s 12; 1989 c 310 s 1 

     17B.05 Disputes on grades, dockage; state arbitration. 

    (a) If a disagreement arises between a person receiving and 
 a person delivering grain in this state as to the proper grade, 
 dockage, moisture content, protein content, or other factors 
 used in establishing the market price of the grain, an average 
 sample of the grain in dispute may be taken by either or both of 
 the parties interested.  The commissioner shall prescribe a 
 procedure for taking samples and having the samples certified by 
 both the person receiving and the person delivering the grain as 
 being true samples of the grain in dispute on the day the grain 
 is delivered and sampled.  Samples must be forwarded prepaid in 
 suitable air-tight containers, with the names and addresses of 
 the person receiving and the person delivering the grain, to the 
 head of the grain inspection division of the department.  The 
 head of the grain inspection division shall examine samples 
 submitted, and determine the proper grade, dockage, moisture 
 content, protein content, and other factors used in establishing 
 the market price of the samples of grain in accordance with the 
 inspection rules and the standards established by the United 
 States Department of Agriculture and the state of Minnesota.  
 The test results must be based on the arithmetic mean of the 
 samples submitted.  If a person requesting the inspection asks 
 for determination of some but not all of the factors that affect 
 market price, the department shall perform only the requested 
 tests on the samples.  A person requesting the inspection must 
 pay the required fee before the results of the inspection are 
 released.  The fee charged must be the same as that required for 
 similar services rendered by the grain inspection division.  
 Payment for the grain involved in a disagreement must be made on 
 the basis of grade, dockage, moisture content, protein content, 
 and other market pricing factors certified by the department on 
 samples submitted.  An appeal of the determination made by the 
 department may be made as provided under the United States Grain 
 Standards Act, United States Code, title 7, section 79, 
 subsection (c), and the Code of Federal Regulations, title 7, 
 sections 800.125 to 800.140.  A person receiving or delivering 
 grain that is subject to this section is liable for damages 
 resulting from not abiding by the determination made by the 
 department.  A person who violates this section is subject to 
 penalties prescribed in section 17B.29. 

    (b) A licensed business that uses test equipment as defined 
 in section 17B.02 to perform tests or analysis on grain to be 
 purchased or placed in storage must post at the place of 
 business a notice informing persons selling or delivering grain 
 of their right to have a representative sample of the grain 
 forwarded to the grain inspection division for analysis.  The 
 commissioner shall provide copies of the notice to each business 
 licensed to buy or receive grain.  The business must display the 
 notice in a conspicuous location as prescribed by the 
 commissioner. 

    HIST: 1974 c 548 s 5; 1987 c 199 s 1; 1988 c 688 art 6 s 13 

     17B.06 Board of grain standards.  

    There is hereby created a board of grain standards.  The 
 board shall consist of the head of the grain inspection program 
 of the department and two principal assistants selected by the 
 commissioner for terms specified by the commissioner.  This 
 board shall have jurisdiction over all grain standards hereafter 
 established in Minnesota.  

    HIST: 1974 c 548 s 6; 1986 c 444 

     17B.07 Official title of board; meetings.  

    The official title of the board shall be "The Minnesota 
 board of grain standards" and it shall have jurisdiction over 
 all grain appeal cases brought before it.  

    The board shall meet annually on or before June 15, and 
 shall establish the grades of all grain subject to state 
 inspection which shall be known as the "Minnesota grades," and 
 all grain received at any public warehouse shall be graded 
 accordingly.  Such grades shall not be changed before the next 
 annual meeting without the concurrence of at least two members 
 of the board.  At the time of establishing Minnesota grades, the 
 board also shall adopt such rules, in accordance with the 
 Administrative Procedure Act, as it deems necessary for the 
 enforcement of this section and section 17B.06.  In establishing 
 the grades, in addition to the physical qualities of the grain, 
 there shall be taken into consideration the milling and 
 bread-producing quality of all grain products used as human 
 food.  The board shall determine the grade, and dockage, if any, 
 of all grain in all cases where appeals from the decisions of 
 the chief inspector have been taken and for such purpose they 
 may request fresh samples of such grain to be furnished directly 
 to the board.  Dockage shall be considered as being of two 
 classes; first, that having value and second, that having no 
 value.  At the annual meeting the board shall ascertain and 
 determine what dockage contained in grain is of value and 
 publish a list thereof in connection with the publication of the 
 Minnesota grades.  Any foreign content of the grain shall not be 
 considered in establishing the grade.  Whenever grain containing 
 dockage of value is sold to any public local warehouse or mill, 
 terminal warehouse, or to any flour mill located in St. Paul, 
 Minneapolis, or Duluth, or any other point within the state, 
 which is now or may hereafter be designated as a terminal point, 
 such sale shall not be considered to include such dockage of 
 value, but such dockage shall be paid for at its market value or 
 shall be returned to the vendor of said grain at the option of 
 the vendee.  

    HIST: 1974 c 548 s 7; 1985 c 248 s 70 

  17B.08 Repealed, 1979 c 68 s 6 

  17B.09 Repealed, 1979 c 68 s 6 

     17B.10 Standard samples.  

    The commissioner shall furnish standard samples of grain of 
 each Minnesota grade to any grain warehouse operator in the 
 state, upon request and payment of the actual cost thereof.  

    HIST: 1974 c 548 s 10; 1986 c 444 

     17B.11 Duty of inspectors.  

    The commissioner shall inspect and grade all grain received 
 at any terminal warehouse when requested to do so by any person 
 having a contractual or other financial interest in such grain 
 as the owner, seller, purchaser, warehouse operator, or carrier 
 or otherwise.  The commissioner shall provide inspection service 
 for interhouse transfers or when grain is "run for grade" within 
 a house if requested by the warehouse operator.  All rights and 
 privileges covering reinspection and appeal in all such cases 
 are hereby preserved to all interested parties.  

    HIST: 1974 c 548 s 11; 1986 c 444 

     17B.12 Appeals; procedure.  

    Any owner, consignee, or shipper of grain, or any warehouse 
 operator, who is dissatisfied with the inspection of grain may 
 appeal to the board of grain standards by filing notice of such 
 appeal with the commissioner and paying a fee, to be fixed by 
 the commissioner, which shall be refunded if the appeal is 
 sustained.  The commissioner shall forthwith transmit the notice 
 to said board of grain standards.  The decision of said board, 
 fixing the grade of such grains shall be final.  

    HIST: 1974 c 548 s 12; 1986 c 444 

     17B.13 Weighers, restrictions, bonding. 

    Subdivision 1.    Export and other terminal points.  The 
 commissioner shall appoint at each designated export terminal 
 point weighers as may be necessary to control the weighing of 
 all grain received at or shipped from each designated export 
 terminal point, except when the shipment is specifically 
 exempted by the administrator of the federal grain inspection 
 service.  These weighers shall have the supervision or control 
 of the other weighing of grain at other terminal points when 
 requested by the operator of the facility desiring the service.  

    Subd. 2.    Licensed persons.  The commissioner may hire 
 as official inspection personnel any individual who is licensed 
 to perform functions of official inspection under the United 
 States Grain Standards Act. 

    HIST: 1974 c 548 s 13; 1978 c 610 s 3; 1979 c 68 s 1 

     17B.14 Records and certificates.  

    Subdivision 1.    Furnishing of certificates; evidence.  
  Every weigher shall keep such records as may be prescribed by 
 the commissioner, and shall furnish to any person for whom 
 weighing is done a signed certificate, showing the amount of 
 each weight, the number and initial letter or other distinctive 
 mark of each car weighed, the place and date of weighing, and 
 the contents of the car.  Such certificate shall be prima facie 
 evidence of the facts therein certified.  

    Subd. 2.    Certificates; inspection; weighing.  Every 
 person operating any elevator, building, or place in this state 
 for the purchase, storage, or deposit of any grain or other farm 
 commodity shall be entitled to receive from, and shall demand 
 of, the officer whose duty it is to issue the same the official 
 certificate of inspection in duplicate, together with the 
 weighing certificate in duplicate, for any grain or other farm 
 commodity shipped from such elevator, building, or place, and 
 inspected and weighed as provided by the laws of this state.  

    Subd. 3.    Duplicate to be delivered to buyer.  Within 
 ten days from the delivery of any certificate, as provided in 
 subdivision 2, the person receiving the same shall deliver to 
 the local buyer at the place where such grain or other farm 
 commodity is purchased, stored, or deposited, one of the 
 duplicate certificates and the same shall be retained by such 
 local buyer in the buyer's office or place of business for 30 
 days thereafter and be subject to examination by any person 
 desiring to inspect same.  

    Subd. 4.    Failure to deliver; penalty.  Any person 
 mentioned in subdivision 2 who shall fail to deliver any 
 certificate mentioned in subdivision 2 within the time and as 
 provided in subdivision 3 shall be guilty of a misdemeanor; and 
 the weight and grade of the grain or other farm commodity, as 
 shown by the records of the local buyer, shall be taken as a 
 basis of settlement between the local buyer of any such grain or 
 farm commodity and the person failing to deliver the certificate.

    HIST: 1974 c 548 s 14; 1986 c 444 

     17B.15 Fees for inspection and weighing; dedicated 
  account. 

    Subdivision 1.    Administration; appropriation.  The 
 fees for inspection and weighing shall be fixed by the 
 commissioner and be a lien upon the grain.  The commissioner 
 shall set fees for all inspection and weighing in an amount 
 adequate to pay the expenses of carrying out and enforcing the 
 purposes of sections 17B.01 to 17B.23, including the portion of 
 general support costs and statewide indirect costs of the agency 
 attributable to that function, with a reserve sufficient for up 
 to six months.  The commissioner shall review the fee schedule 
 twice each year.  Fee adjustments are not subject to chapter 
 14.  Payment shall be required for services rendered.  If the 
 grain is in transit, the fees shall be paid by the carrier and 
 treated as advance charges, and, if received for storage, the 
 fees shall be paid by the warehouse operator, and added to the 
 storage charges. 

    All fees collected and all fines and penalties for 
 violation of any provision of this chapter shall be deposited in 
 the grain inspection and weighing account, which is created in 
 the agricultural fund for carrying out the purpose of sections 
 17B.01 to 17B.23.  The money in the account, including interest 
 earned on the account, is annually appropriated to the 
 commissioner of agriculture to administer the provisions of 
 sections 17B.01 to 17B.23.  When money from any other account is 
 used to administer sections 17B.01 to 17B.23, the commissioner 
 shall notify the chairs of the agriculture, environment and 
 natural resources finance, and ways and means committees of the 
 house of representatives; the agriculture and rural development 
 and finance committees of the senate; and the finance division 
 of the environment and natural resources committee of the senate.

    Subd. 2. Repealed, 1983 c 300 s 28 

    Subd. 3.    Minimum charge.  The schedule of fees shall 
 provide that any elevator, mill, or other business requesting a 
 weighing or inspection service, shall pay a minimum charge per 
 hour for each employee requested or assigned.  Any fees earned 
 by the employee shall be credited against the charge made 
 therefor.  The minimum charge shall be assessed only after 
 taking into consideration all fees earned and all hours 
 charged.  When deemed necessary by the commissioner, a charge 
 for actual overtime costs may be made. 

    HIST: 1974 c 548 s 15; 1975 c 204 s 70; 1977 c 296 s 1; 1981 c 
 356 s 258; 1983 c 300 s 2; 1986 c 444; 1987 c 396 art 11 s 1; 
 1994 c 632 art 2 s 12; 1996 c 407 s 14; 1999 c 231 s 37 

     17B.16 Qualifications.  

    No inspector, sampler, nor weigher shall during that 
 person's term of service be in any way interested in the 
 handling, storing, shipping, purchasing, or selling of grain or 
 any of its products, nor in the employment of any person engaged 
 therein, nor shall the inspector, sampler, or weigher be a 
 member of any board of trade or organization of like character.  

    HIST: 1974 c 548 s 16; 1986 c 444 

     17B.17 Removal of employee.  

    Upon written complaint filed with the commissioner, 
 charging any inspector, sampler, or weigher with official 
 misconduct, inefficiency, incompetency, or neglect of duty, the 
 commissioner shall investigate such charge and, if it be 
 sustained, remove such employee.  

    HIST: 1974 c 548 s 17 

     17B.18 Obstructing weigher.  

    Any person who shall obstruct any state weigher in the 
 performance of the weigher's official duties, by preventing 
 proper access to the scales used in weighing grain or otherwise, 
 is guilty of a misdemeanor.  

    HIST: 1974 c 548 s 18; 1986 c 444 

  17B.19 Repealed, 1975 c 227 s 10 

     17B.20 Breaking of seals; penalty; examination of cars.  

    Subdivision 1.    Who may break seals.  No person shall 
 knowingly break the seal on any car of grain subject to state 
 inspection prior to delivery thereof, except the employees of 
 the department, and the owner of the grain, or the owner's 
 authorized agent, under rules prescribed by the commissioner.  

    Subd. 2.    Unauthorized breaking of seals; misdemeanor.  
  Any person who, without legal authority, shall break or 
 remove any seal upon any car loaded with grain, or otherwise 
 break or enter such car, shall be guilty of a misdemeanor.  

    Subd. 3.    Examination of cars.  An employee of the 
 department before opening the doors of any cars containing 
 grain, upon their arrival at any of the several places 
 designated by law as terminal points in this state, for the 
 purposes of inspecting the same, shall first ascertain the 
 condition of such cars and determine whether any leakages have 
 occurred while the cars were in transit; also whether or not the 
 doors were properly secured and sealed, making a record of such 
 facts in all cases and recording the same in a proper book to be 
 kept for the purpose.  After such examination shall have been 
 made and recorded and the inspection of such grain has been 
 made, the above mentioned employee shall securely close and 
 reseal such car doors as have been opened, using a special seal 
 of the department for the purpose.  A record of all original 
 seals broken by the employee and the time when broken, a record 
 of all state seals substituted therefor and the time when such 
 state seals were substituted, together with a full description 
 of the seals, with their numbers, shall be made by the employee. 

    HIST: 1974 c 548 s 20; 1986 c 444 

     17B.21 Bonds, suits thereon.  

    All bonds required by this chapter shall be filed with the 
 secretary of state, and suit may be brought thereon by any 
 person injured by the misconduct of the principal.  

    HIST: 1974 c 548 s 21 

     17B.22 Employee; misconduct; personation. 

    Subdivision 1.    Falsely acting as inspector.  Any 
 person not duly appointed and qualified who shall assume to act 
 as a state inspector of grain shall be guilty of a misdemeanor. 

    Subd. 2.    Misconduct of employees.  Any employee of 
 the department who shall knowingly or carelessly inspect or 
 weigh any grain improperly, or give any false certificate of 
 inspection or weight, or accept money or other consideration 
 directly or indirectly for any neglect or improper performance 
 of duty or who shall be guilty of any neglect of duty, and any 
 person who shall improperly influence or attempt to influence 
 any such officer in the performance of an official duty shall be 
 guilty of a gross misdemeanor. 

    Subd. 3.  Repealed, 1977 c 347 s 9 

    HIST: 1974 c 548 s 22; 1986 c 444 

     17B.23 Alfalfa, sweet clover, red clover, and grass 
  seeds. 

    Alfalfa seed, sweet clover seed, red clover seed, and all 
 grass seeds now or hereafter grown in commercial quantities in 
 this state are hereby made subject to and brought within the 
 provisions of the laws of this state which authorize, provide 
 for, and regulate the establishment of "Minnesota grades" and 
 the grading thereunder of wheat and similar grains, including 
 sections 17B.10 to 17B.21, and all other applicable provisions 
 of the statutes.  The commissioner shall have plenary power, so 
 far as the same may be constitutionally delegated, to supplement 
 the provisions of the statutes and adopt the same to the purpose 
 of sections 17B.23 to 17B.26; and, to that end, the commissioner 
 may make, promulgate, and enforce all rules, directions, and 
 orders appropriate or convenient for the aforesaid. 

    HIST: 1974 c 548 s 23; 1Sp1981 c 4 art 1 s 37; 1985 c 248 s 70 

     17B.24 Grading and inspection.  

    The commissioner may determine from time to time with or 
 without public hearing whether alfalfa seed, sweet clover seed, 
 red clover seed, and grass seeds, or any one or more of them, 
 are being produced in this state in quantities and under 
 conditions respecting the sale or use thereof which permit of 
 practical grading and inspection under the provisions of 
 sections 17B.23 to 17B.26; and may defer, suspend, or 
 discontinue such grading and inspection whenever for as long as 
 the same is found by the commissioner to be impractical or 
 without substantial public benefit.  Appropriate findings and 
 orders covering such matters shall be made by the commissioner 
 and may be appealed from or reviewed in the same manner as other 
 orders of the commissioner.  

    HIST: 1974 c 548 s 24 

     17B.25 Fees.  

    Fees for grading and inspection under sections 17B.23 to 
 17B.26 may be assessed and collected by the commissioner in the 
 same manner as in the case of grain grading and inspection; but 
 such fees may be modified or varied in amount from time to time 
 so as to cover the full cost of all grading and inspection 
 hereunder.  

    HIST: 1974 c 548 s 25 

     17B.26 Salaries and expenses.  

    The commissioner hereby is authorized to employ such 
 additional help as is reasonably necessary in carrying out the 
 provisions and purposes of sections 17B.23 to 17B.29.  

    HIST: 1974 c 548 s 26 

     17B.27 Fumigating grain to change color; penalty.  

    Any person who shall sell or offer for sale or for shipment 
 and sale any barley or other grain, which shall have been 
 subjected to fumigation, or other treatment by sulphur or other 
 material, or to any other chemical process, affecting the color 
 thereof, shall be punished by a fine of not more than $3,000 or 
 by imprisonment in the Minnesota correctional 
 facility-Stillwater for not more than one year or by both such 
 fine and imprisonment, and be liable to any person injured in 
 treble damages.  Barley and oats may be purified by fumigation, 
 or treatment with sulphur, under such restrictions and rules as 
 the commissioner shall prescribe for such purpose and when so 
 purified may be sold and marketed as "purified barley" or 
 "purified oats," and not otherwise.  

    HIST: 1974 c 548 s 27; 1979 c 102 s 13; 1984 c 628 art 3 s 11; 
 1985 c 248 s 70 

     17B.28 Powers and duties of the commissioner. 

    The commissioner shall enforce the provisions of Laws 1974, 
 chapter 548 including semiannual adjustment of the fees for 
 services rendered and shall promulgate, in the manner provided 
 by law, such rules as the commissioner deems necessary or 
 desirable to carry out the provisions of sections 17B.01 to 
 17B.29.  Until such rules are promulgated, the rules of the 
 public service commission, Chapter Five, PSC 150 to 169, as 
 amended, promulgated pursuant to Minnesota Statutes, sections 
 14.05 to 14.28, and not inconsistent with sections 17B.01 to 
 17B.29, shall remain in full force and effect and shall be 
 enforced by the commissioner until amended or repealed by the 
 commissioner in accordance with the Administrative Procedure Act.

    HIST: 1974 c 548 s 28; 1982 c 424 s 130; 1985 c 248 s 70; 1986 
 c 444; 1995 c 233 art 2 s 56 

     17B.29 Penalties.  

    Any person who shall violate any of the provisions of 
 sections 17B.01 to 17B.29 where no specific penalty is 
 prescribed shall be guilty of a gross misdemeanor.  

    HIST: 1974 c 548 s 29