2001 Minnesota Statutes

     17.1025 Minnesota certification program. 

    Subdivision 1.    Establishment.  In cooperation with 
 the University of Minnesota, the department of trade and 
 economic development, and the board of animal health, the 
 commissioner shall establish a program to certify agricultural 
 production methods and agricultural products grown or processed 
 within the state to assure the integrity of claims made by 
 participating businesses.  The commissioner may select and 
 cooperate with private organizations that have established 
 procedures and safeguards to justify claimed characteristics of 
 the production process or the final certified product to conduct 
 certification activities for third party producers. 

    Subd. 2.    Certification process.  The commissioner may 
 establish guidelines for the certification program, which are 
 not subject to chapter 14.  Applications for certification must 
 be submitted to the commissioner and must be evaluated by 
 representatives of the commissioner, the University of 
 Minnesota, the department of trade and economic development, 
 other state agencies with regulatory authority or expertise in 
 the subject matter of the application or in the certification 
 process, and any other person named by the commissioner. 

    The commissioner shall make the final certification 
 decision after the certification group prepares a 
 recommendation.  The application may be accepted, denied, or 
 returned to the applicant for further action.  The 
 recommendation must be based upon the benefit of the 
 certification to the producer or processor, the benefit to the 
 state's agricultural economy, the costs to the state involved in 
 certification and ongoing monitoring, the quality of internal 
 and external audit controls to assure compliance with the terms 
 of the certification, and other factors appropriate to best 
 benefit the participants and the state. 

    Subd. 3.    Intellectual property.  The commissioner 
 shall develop a logo and develop promotional material to best 
 promote the use of certified products and procedures, and 
 explore and implement procedures to best use the resources of 
 the Internet in the promotion and distribution of Minnesota 
 certified products and processes.  To the extent practical, the 
 Minnesota certification program must be coordinated with the 
 Minnesota grown program under section 17.102 to accomplish the 
 goals of both programs.  

    Subd. 4.    Certification revocation or suspension; 
 misdemeanor.  A certification may be revoked or suspended by 
 the commissioner without hearing if the terms of the 
 certification are not being followed, the certification has 
 become unused or obsolete, or the continued use of the 
 certification is contrary to the interests of the state or the 
 purpose of the certification program.  Use of the certification 
 after suspension or revocation is a misdemeanor and may also be 
 enjoined by the commissioner in an action in district court.  

    Subd. 5.    Minnesota certified account.  A Minnesota 
 certified account is created in the agricultural fund.  The 
 commissioner may establish fees in an amount estimated to make 
 the certification program self-supporting.  Fees may be 
 determined on a case-by-case basis based on the services 
 provided.  All fees and reimbursements collected under this 
 section must be deposited in the account.  Money in the account, 
 including interest earned, is annually appropriated to the 
 commissioner to administer the Minnesota certification program. 

    Subd. 6.    No guarantee or warranty.  Certification 
 does not constitute a guarantee or warranty as to any 
 characteristic of any product or production process.  The state 
 and other parties involved in the certification decision may not 
 be found liable for a certification or refusal to certify. 

    Subd. 7.    Expiration.  This section expires June 30, 
 2007. 

    HIST: 2000 c 477 s 2; 1Sp2001 c 2 s 21