2002 Minnesota Statutes

     18.79 Duties of the commissioner. 

    Subdivision 1.    Enforcement.  The commissioner of 
 agriculture shall administer and enforce sections 18.76 to 18.88.

    Subd. 2.    Authorized agents.  The commissioner shall 
 authorize department of agriculture personnel and may authorize, 
 in writing, county agricultural inspectors to act as agents in 
 the administration and enforcement of sections 18.76 to 18.88.  

    Subd. 3.    Entry upon land.  To administer and enforce 
 sections 18.76 to 18.88, the commissioner, authorized agents of 
 the commissioner, county agricultural inspectors, and local weed 
 inspectors may enter upon land without consent of the owner and 
 without being subject to an action for trespass or any damages.  

    Subd. 4.    Rules.  The commissioner may adopt necessary 
 rules under chapter 14 for the proper enforcement of sections 
 18.76 to 18.88.  

    Subd. 5.    Order for control or eradication of noxious 
 weeds.  The commissioner, a county agricultural inspector, or 
 a local weed inspector may order the control or eradication of 
 noxious weeds on any land within the state.  

    Subd. 6.    Educational programs for control or 
 eradication of noxious weeds.  The commissioner shall conduct 
 education programs considered necessary for weed inspectors in 
 the enforcement of the Noxious Weed Law.  The director of the 
 Minnesota extension service may conduct educational programs for 
 the general public that will aid compliance with the noxious 
 weed law. 

    Subd. 7.    Meetings and reports.  The commissioner 
 shall designate by rule the reports that are required to be made 
 and the meetings that must be attended by weed inspectors.  

    Subd. 8.    Prescribed forms.  The commissioner shall 
 prescribe the forms to be used by weed inspectors in the 
 enforcement of sections 18.76 to 18.88.  

    Subd. 9.    Injunction.  If the commissioner applies to 
 a court for a temporary or permanent injunction restraining a 
 person from violating or continuing to violate sections 18.76 to 
 18.88, the injunction may be issued without requiring a bond.  

    Subd. 10.    Prosecution.  On finding that a person has 
 violated sections 18.76 to 18.88, the commissioner may start 
 court proceedings in the locality in which the violation 
 occurred.  The county attorney may prosecute actions under 
 sections 18.76 to 18.88 within the county attorney's 
 jurisdiction.  

    Subd. 11.    Quarantine.  The commissioner may establish 
 a noxious weed quarantine according to section 18.85 and may 
 hire additional employees and purchase the necessary equipment, 
 supplies, or services to properly carry out the eradication of 
 noxious weeds on quarantined land.  

    Subd. 12.    Noxious-weed-free forage and mulch 
 certification agency.  The official certification agency for 
 noxious-weed-free forage and mulch shall be determined by the 
 commissioner of agriculture in consultation with the director of 
 the Minnesota agricultural experiment station. 

    HIST: 1986 c 444; 1992 c 500 s 5; 1997 c 216 s 27