2006 Minnesota Statutes

CHAPTER 18. PEST CONTROL

18.01 [Repealed, 1959 c 35 s 19]

18.011 DEFINITION.
    Subdivision 1. Scope. Except where the context otherwise indicates, for the purposes of this
chapter, the terms defined in this section have the meanings given them.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of the Department
of Agriculture.
History: 1961 c 113 s 1; 1961 c 128 s 3

18.012 [Repealed, 2003 c 128 art 7 s 1]

18.02 [Repealed, 1959 c 35 s 19]

18.021 [Repealed, 2003 c 128 art 7 s 1]

18.022 [Repealed, 2003 c 128 art 7 s 1]

18.0223 [Repealed, 2003 c 128 art 7 s 1]

18.0225 [Repealed, 2003 c 128 art 7 s 1]

18.0226 [Repealed, 1990 c 607 s 8]

18.0227 [Repealed, 2003 c 128 art 7 s 1]

18.0228 [Repealed, 2003 c 128 art 7 s 1]

18.0229 [Repealed, 2003 c 128 art 7 s 1]

18.023 [Repealed, 2003 c 128 art 7 s 1]

18.024 [Repealed, 2003 c 128 art 7 s 1]

18.03 [Repealed, 1959 c 35 s 19]

18.031 [Repealed, 1976 c 53 s 29]

18.032 [Repealed, 1976 c 53 s 29]

18.0321 [Repealed, 1976 c 53 s 29]

18.0322 [Repealed, 1976 c 53 s 29]

18.0323 [Repealed, 1976 c 53 s 29]

18.0324 [Repealed, 1976 c 53 s 29]

18.033 [Repealed, 1976 c 53 s 29]

18.034 [Repealed, 1976 c 53 s 29]

18.035 [Repealed, 1976 c 53 s 29]

18.036 [Repealed, 1976 c 53 s 29]

18.04 [Repealed, 1959 c 35 s 19]

18.041 [Repealed, 2003 c 128 art 7 s 1]

18.05 [Repealed, 1959 c 35 s 19]

18.051 [Repealed, 2003 c 128 art 7 s 1]

18.06 [Repealed, 1959 c 35 s 19]

18.061 [Repealed, 2003 c 128 art 7 s 1]

18.07 [Repealed, 1959 c 35 s 19]

18.071 [Repealed, 2003 c 128 art 7 s 1]

18.08 [Repealed, 1959 c 35 s 19]

18.081 [Repealed, 2003 c 128 art 7 s 1]

18.09 [Repealed, 1959 c 35 s 19]

18.091 [Repealed, 2003 c 128 art 7 s 1]

18.10 [Repealed, 1959 c 35 s 19]

18.101 [Repealed, 2003 c 128 art 7 s 1]

18.11 [Repealed, 1959 c 35 s 19]

18.111 [Repealed, 2003 c 128 art 7 s 1]

18.12 [Repealed, 1959 c 35 s 19]

18.121 [Repealed, 2003 c 128 art 7 s 1]

18.13 [Repealed, 1961 c 127 art 1 s 8]

18.131 [Repealed, 2003 c 128 art 7 s 1]

18.14 [Renumbered 18.022, subds 1-4]

18.141 [Repealed, 2003 c 128 art 7 s 1]

18.15 [Repealed, 1953 c 641 s 3]

18.151 [Repealed, 2003 c 128 art 7 s 1]

18.16 [Repealed, 1953 c 641 s 3]

18.161 [Repealed, 2003 c 128 art 7 s 1]

18.17 [Repealed, 1953 c 641 s 3]

18.171 [Repealed, 1992 c 500 s 16]

18.18 [Repealed, 1953 c 641 s 3]

18.181 [Repealed, 1992 c 500 s 16]

18.182 [Repealed, 1992 c 500 s 16]

18.189 [Repealed, 1992 c 500 s 16]

18.19 [Repealed, 1953 c 641 s 3]

18.191 [Repealed, 1992 c 500 s 16]

18.192 [Repealed, 1992 c 500 s 16]

18.20 [Repealed, 1953 c 641 s 3]

18.201 [Repealed, 1992 c 500 s 16]

18.205 [Repealed, 1Sp2001 c 2 s 162]

    Subdivision 1.[Repealed, 1959 c 35 s 19]
    Subd. 2.[Renumbered 18.022, subd 5]

18.211 [Repealed, 1992 c 500 s 16]

18.22 [Renumbered 18.021]

18.221 [Repealed, 1992 c 500 s 16]

18.23 [Repealed, 1955 c 503 s 6]

18.231 [Repealed, 1992 c 500 s 16]

18.24 [Repealed, 1955 c 503 s 6]

18.241 [Repealed, 1992 c 500 s 16]

18.25 [Repealed, 1955 c 503 s 6]

18.251 [Repealed, 1992 c 500 s 16]

18.26 [Repealed, 1955 c 503 s 6]

18.261 [Repealed, 1992 c 500 s 16]

18.271 [Repealed, 1992 c 500 s 16]

18.272 [Repealed, 1992 c 500 s 16]

18.281 [Repealed, 1992 c 500 s 16]

18.291 [Repealed, 1992 c 500 s 16]

18.301 [Repealed, 1992 c 500 s 16]

18.31 [Renumbered 18.041]

18.311 [Repealed, 1992 c 500 s 16]

18.312 [Repealed, 1992 c 500 s 16]

18.315 [Repealed, 1992 c 500 s 16]

18.316 [Repealed, 1996 c 385 art 2 s 8]

18.317 [Repealed, 1996 c 385 art 2 s 8]

18.32 [Renumbered 18.051]

18.321 [Repealed, 1992 c 500 s 16]

18.322 [Repealed, 1992 c 500 s 16]

18.323 [Repealed, 1992 c 500 s 16]

18.33 [Renumbered 18.061]

18.331 [Repealed, 2003 c 128 art 7 s 1]

18.332 [Repealed, 2003 c 128 art 7 s 1]

18.333 [Repealed, 2003 c 128 art 7 s 1]

18.334 [Repealed, 2003 c 128 art 7 s 1]

18.335 [Repealed, 2003 c 128 art 7 s 1]

18.34 [Renumbered 18.071]

18.341 [Renumbered 89.51]

18.35 [Renumbered 18.081]

18.351 [Renumbered 89.52]

18.36 [Renumbered 18.091]

18.361 [Renumbered 89.53]

18.37 [Renumbered 18.101]

18.371 [Renumbered 89.54]

18.38 [Renumbered 18.111]

18.381 [Renumbered 89.55]

18.39 [Renumbered 18.121]

18.391 [Renumbered 89.56]

18.40 [Renumbered 18.131]

18.401 [Renumbered 89.57]

18.41 [Renumbered 18.141]

18.411 [Renumbered 89.58]

18.42 [Renumbered 18.151]

18.421 [Renumbered 89.59]

18.422 [Renumbered 89.60]

18.423 [Renumbered 89.61]

18.43 [Renumbered 18.161]

18.431 [Repealed, 1987 c 109 s 13]

18.432 [Repealed, 1987 c 109 s 13]

18.433 [Repealed, 1987 c 109 s 13]

18.434 [Repealed, 1987 c 109 s 13]

18.435 [Repealed, 1987 c 109 s 13]

18.436 [Repealed, 1987 c 109 s 13]

18.44 [Repealed, 2003 c 128 art 7 s 1]

18.45 [Repealed, 2003 c 128 art 7 s 1]

18.46 [Repealed, 2003 c 128 art 7 s 1]

18.47 [Repealed, 2003 c 128 art 7 s 1]

18.48 [Repealed, 2003 c 128 art 7 s 1]

18.49 [Repealed, 2003 c 128 art 7 s 1]

18.50 [Repealed, 2003 c 128 art 7 s 1]

18.51 [Repealed, 2003 c 128 art 7 s 1]

18.52 [Repealed, 2003 c 128 art 7 s 1]

18.525 [Repealed, 2003 c 128 art 7 s 1]

18.53 [Repealed, 2003 c 128 art 7 s 1]

18.54 [Repealed, 2003 c 128 art 7 s 1]

18.55 [Repealed, 2003 c 128 art 7 s 1]

18.56 [Repealed, 2003 c 128 art 7 s 1]

18.57 [Repealed, 2003 c 128 art 7 s 1]

18.58 [Repealed, 1996 c 310 s 1]

18.59 [Repealed, 2003 c 128 art 7 s 1]

18.60 [Repealed, 2003 c 128 art 7 s 1]

18.61 [Repealed, 2003 c 128 art 7 s 1]

INTERSTATE PEST CONTROL COMPACT

18.62 ENACTMENT; INSURANCE FUND; ADMINISTRATION; FINANCE.
The Pest Control Compact is hereby enacted into law and entered into with all other
jurisdictions legally joining therein in the form substantially as follows:

PEST CONTROL COMPACT

ARTICLE I
Findings
The party states find that:
(a) In the absence of the higher degree of cooperation among them possible under this
compact, the annual loss of approximately seven billion dollars from the depredations of pests is
virtually certain to continue, if not to increase.
(b) Because of varying climatic, geographic and economic factors, each state may be affected
differently by particular species of pests; but all states share the inability to protect themselves
fully against those pests which present serious dangers to them.
(c) The migratory character of pest infestations makes it necessary for states both adjacent to
and distant from one another, to complement each other's activities when faced with conditions of
infestation and reinfestation.
(d) While every state is seriously affected by a substantial number of pests, and every state is
susceptible of infestation by many species of pests not now causing damage to its crop and plant
life and products, the fact that relatively few species of pests present equal danger to or are of
interest to all states makes the establishment and operation of an Insurance Fund, from which
individual states may obtain financial support for pest control programs of benefit to them in other
states and to which they may contribute in accordance with their relative interests, the most
equitable means of financing cooperative pest eradication and control programs.

ARTICLE II

Definitions
As used in this compact, unless the context clearly requires a different construction:
(a) "State" means a state, territory or possession of the United States, the District of
Columbia, and the Commonwealth of Puerto Rico.
(b) "Requesting state" means a state which invokes the procedures of the compact to secure
the undertaking or intensification of measures to control or eradicate one or more pests within one
or more other states.
(c) "Responding state" means a state requested to undertake or intensify the measures
referred to in subdivision (a) of this Article.
(d) "Pest" means any invertebrate animal, pathogen, parasitic plant or similar or allied
organism which can cause disease or damage in any crops, trees, shrubs, grasses or other plants
of substantial value.
(e) "Insurance Fund" means the Pest Control Insurance Fund established pursuant to this
compact.
(f) "Governing Board" means the administrators of this compact representing all of the
party states when such administrators are acting as a body in pursuance of authority vested in
them by this compact.
(g) "Executive Committee" means the committee established pursuant to Article V (e)
of this compact.

ARTICLE III

The Insurance Fund
There is hereby established the Pest Control Insurance Fund for the purpose of financing
other than normal pest control operations which states may be called upon to engage in pursuant
to this compact. The Insurance Fund shall contain moneys appropriated to it by the party states
and any donations and grants accepted by it. All appropriations, except as conditioned by the
rights and obligations of party states expressly set forth in this compact, shall be unconditional and
may not be restricted by the appropriating state to use in the control of any specified pest or pests.
Donations and grants may be conditional or unconditional, provided that the insurance fund shall
not accept any donation or grant whose terms are inconsistent with any provision of this compact.

ARTICLE IV

The Insurance Fund, Internal Operations and Management
(a) The Insurance Fund shall be administered by a Governing Board and Executive
Committee as hereinafter provided. The actions of the Governing Board and Executive Committee
pursuant to this compact shall be deemed the actions of the Insurance Fund.
(b) The members of the Governing Board shall be entitled to one vote each on such Board.
No action of the Governing Board shall be binding unless taken at a meeting at which a majority
of the total number of votes on the Governing Board are cast in favor thereof. Action of the
Governing Board shall be only at a meeting at which a majority of the members are present.
(c) The Insurance Fund shall have a seal which may be employed as an official symbol and
which may be affixed to documents and otherwise used as the Governing Board may provide.
(d) The Governing Board shall elect annually, from among its members, a chairman, a vice
chairman, a secretary and a treasurer. The chairman may not succeed himself. The Governing
Board may appoint an executive director and fix his duties and his compensation, if any. Such
executive director shall serve at the pleasure of the Governing Board. The Governing Board shall
make provision for the bonding of such of the officers and employees of the Insurance Fund as
may be appropriate.
(e) Irrespective of the civil service, personnel or other merit system laws of any of the party
states, the executive director, or if there be no executive director, the chairman, in accordance with
such procedures as the bylaws may provide, shall appoint, remove or discharge such personnel as
may be necessary for the performance of the functions of the Insurance Fund and shall fix the
duties and compensation of such personnel. The Governing Board in its bylaws shall provide
for the personnel policies and programs of the Insurance Fund.
(f) The Insurance Fund may borrow, accept or contract for the services of personnel from
any state, the United States, or any other governmental agency, or from any person, firm,
association or corporation.
(g) The Insurance Fund may accept for any of its purposes and functions under this compact
any and all donations, and grants of money, equipment, supplies, materials and services,
conditional or otherwise, from any state, the United States, or any other governmental agency,
or from any person, firm, association or corporation, and may receive, utilize and dispose of the
same. Any donation, gift or grant accepted by the Governing Board pursuant to this paragraph or
services borrowed pursuant to paragraph (f) of this Article shall be reported in the annual report
of the Insurance Fund. Such report shall include the nature, amount and conditions, if any, of the
donation, gift, grant or services borrowed and the identity of the donor or lender.
(h) The Governing Board shall adopt bylaws for the conduct of the business of the Insurance
Fund and shall have the power to amend and rescind these bylaws. The Insurance Fund shall
publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment
thereto with the appropriate agency or officer in each of the party states.
(i) The Insurance Fund annually shall make to the Governor and legislature of each party
state a report covering its activities for the preceding year. The Insurance Fund may make such
additional reports as it may deem desirable.
(j) In addition to the powers and duties specifically authorized and imposed, the Insurance
Fund may do such other things as are necessary and incidental to the conduct of its affairs
pursuant to this compact.

ARTICLE V

Compact and Insurance Fund Administration
(a) In each party state there shall be a compact administrator, who shall be selected and serve
in such manner as the laws of his state may provide, and who shall:
1. Assist in the coordination of activities pursuant to the compact in his state; and
2. Represent his state on the Governing Board of the Insurance Fund.
(b) If the laws of the United States specifically so provide, or if administrative provision
is made therefor within the federal government, the United States may be represented on the
Governing Board of the Insurance Fund by not to exceed three representatives. Any such
representative or representatives of the United States shall be appointed and serve in such manner
as may be provided by or pursuant to federal law, but no such representative shall have a vote on
the Governing Board or on the Executive Committee thereof.
(c) The Governing Board shall meet at least once each year for the purpose of determining
policies and procedures in the administration of the Insurance Fund and, consistent with the
provisions of the compact, supervising and giving direction to the expenditure of moneys from
the Insurance Fund. Additional meetings of the Governing Board shall be held on call of the
chairman, the Executive Committee, or a majority of the membership of the Governing Board.
(d) At such times as it may be meeting, the Governing Board shall pass upon applications for
assistance from the Insurance Fund and authorize disbursements therefrom. When the Governing
Board is not in session, the Executive Committee thereof shall act as agent of the Governing
Board, with full authority to act for it in passing upon such applications.
(e) The Executive Committee shall be composed of the chairman of the Governing Board and
four additional members of the Governing Board chosen by it so that there shall be one member
representing each of four geographic groupings of party states. The Governing Board shall make
such geographic groupings. If there is representation of the United States on the Governing Board,
one such representative may meet with the Executive Committee. The chairman of the Governing
Board shall be chairman of the Executive Committee. No action of the Executive Committee shall
be binding unless taken at a meeting at which at least four members of such Committee are present
and vote in favor thereof. Necessary expenses of each of the five members of the Executive
Committee incurred in attending meetings of such Committee, when not held at the same time
and place as a meeting of the Governing Board, shall be charges against the Insurance Fund.

ARTICLE VI

Assistance and Reimbursement
(a) Each party state pledges to each other party state that it will employ its best efforts to
eradicate, or control within the strictest practicable limits, any and all pests. It is recognized that
performance of this responsibility involves:
1. The maintenance of pest control and eradication activities of interstate significance by a
party state at a level that would be reasonable for its own protection in the absence of this compact.
2. The meeting of emergency outbreaks or infestations of interstate significance to no less an
extent than would have been done in the absence of this compact.
(b) Whenever a party state is threatened by a pest not present within its borders but present
within another party state, or whenever a party state is undertaking or engaged in activities
for the control or eradication of a pest or pests, and finds that such activities are or would be
impracticable or substantially more difficult of success by reason of failure of another party state
to cope with infestation or threatened infestation, that state may request the Governing Board to
authorize expenditures from the Insurance Fund for eradication or control measures to be taken by
one or more of such other party states at a level sufficient to prevent, or to reduce to the greatest
practicable extent, infestation or reinfestation of the requesting state. Upon such authorization
the responding state or states shall take or increase such eradication or control measures as may
be warranted. A responding state shall use moneys made available from the Insurance Fund
expeditiously and efficiently to assist in affording the protection requested.
(c) In order to apply for expenditures from the Insurance Fund, a requesting state shall
submit the following in writing:
1. A detailed statement of the circumstances which occasion the request for the invoking
of the compact.
2. Evidence that the pest on account of whose eradication or control assistance is requested
constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass or other plant
having a substantial value to the requesting state.
3. A statement of the extent of the present and projected program of the requesting state
and its subdivisions, including full information as to the legal authority for the conduct of such
program or programs and the expenditures being made or budgeted therefor, in connection with
the eradication, control, or prevention of introduction of the pest concerned.
4. Proof that the expenditures being made or budgeted as detailed in item 3 do not constitute
a reduction of the effort for the control or eradication of the pest concerned or, if there is a
reduction, the reasons why the level of program detailed in item 3 constitutes a normal level of
pest control activity.
5. A declaration as to whether, to the best of its knowledge and belief, the conditions which in
its view occasion the invoking of the compact in the particular instance can be abated by a program
undertaken with the aid of moneys from the Insurance Fund in one year or less, or whether the
request is for an installment in a program which is likely to continue for a longer period of time.
6. Such other information as the Governing Board may require consistent with the provisions
of this compact.
(d) The Governing Board or Executive Committee shall give due notice of any meeting at
which an application for assistance from the Insurance Fund is to be considered. Such notice shall
be given to the compact administrator of each party state and to such other officers and agencies
as may be designated by the laws of the party states. The requesting state and any other party state
shall be entitled to be represented and present evidence and argument at such meeting.
(e) Upon the submission as required by paragraph (c) of this Article and such other
information as it may have or acquire, and upon determining that an expenditure of funds is within
the purposes of this compact and justified thereby, the Governing Board or Executive Committee
shall authorize support of the program. The Governing Board or the Executive Committee may
meet at any time or place for the purpose of receiving and considering an application. Any and all
determinations of the Governing Board or Executive Committee, with respect to an application,
together with the reasons therefor shall be recorded and subscribed in such manner as to show and
preserve the votes of the individual members thereof.
(f) A requesting state which is dissatisfied with a determination of the Executive Committee
shall upon notice in writing given within twenty days of the determination with which it is
dissatisfied, be entitled to receive a review thereof at the next meeting of the Governing Board.
Determinations of the Executive Committee shall be reviewable only by the Governing Board
at one of its regular meetings, or at a special meeting held in such manner as the Governing
Board may authorize.
(g) Responding states required to undertake or increase measures pursuant to this compact
may receive moneys from the Insurance Fund, either at the time or times when such state incurs
expenditures on account of such measures, or as reimbursement for expenses incurred and
chargeable to the Insurance Fund. The Governing Board shall adopt and, from time to time, may
amend or revise procedures for submission of claims upon it and for payment thereof.
(h) Before authorizing the expenditure of moneys from the Insurance Fund pursuant to an
application of a requesting state, the Insurance Fund shall ascertain the extent and nature of
any timely assistance or participation which may be available from the federal government and
shall request the appropriate agency or agencies of the federal government for such assistance
and participation.
(i) The Insurance Fund may negotiate and execute a memorandum of understanding or other
appropriate instrument defining the extent and degree of assistance or participation between and
among the Insurance Fund, cooperating federal agencies, states and any other entities concerned.

ARTICLE VII

Advisory and Technical Committees
The Governing Board may establish advisory and technical committees composed of state,
local, and federal officials, and private persons to advise it with respect to any one or more of its
functions. Any such advisory or technical committee, or any member or members thereof may
meet with and participate in its deliberations. Upon request of the Governing Board or Executive
Committee an advisory or technical committee may furnish information and recommendations
with respect to any application for assistance from the Insurance Fund being considered by such
Board or Committee and the Board or Committee may receive and consider the same: Provided
that any participant in a meeting of the Governing Board or Executive Committee held pursuant
to Article VI (d) of the compact shall be entitled to know the substance of any such information
and recommendations, at the time of the meeting if made prior thereto or as a part thereof or, if
made thereafter, no later than the time at which the Governing Board or Executive Committee
makes its disposition of the application.

ARTICLE VIII

Relations with Nonparty Jurisdictions
(a) A party state may make application for assistance from the Insurance Fund in respect of a
pest in a nonparty state. Such application shall be considered and disposed of by the Governing
Board or Executive Committee in the same manner as an application with respect to a pest within
a party state, except as provided in this Article.
(b) At or in connection with any meeting of the Governing Board or Executive Committee
held pursuant to Article VI (d) of this compact a nonparty state shall be entitled to appear,
participate, and receive information only to such extent as the Governing Board or Executive
Committee may provide. A nonparty state shall not be entitled to review of any determination
made by the Executive Committee.
(c) The Governing Board or Executive Committee shall authorize expenditures from the
Insurance Fund to be made in a nonparty state only after determining that the conditions in such
state and the value of such expenditures to the party states as a whole justify them. The Governing
Board or Executive Committee may set any conditions which it deems appropriate with respect
to the expenditure of moneys from the Insurance Fund in a nonparty state and may enter into
such agreement or agreements with nonparty states and other jurisdictions or entities as it may
deem necessary or appropriate to protect the interests of the Insurance Fund with respect to
expenditures and activities outside of party states.

ARTICLE IX

Finance
(a) The Insurance Fund shall submit to the executive head or designated officer or officers
of each party state a budget for the Insurance Fund for such period as may be required by the
laws of that party state for presentation to the legislature thereof.
(b) Each of the budgets shall contain specific recommendations of the amount or amounts to
be appropriated by each of the party states. The requests for appropriations shall be apportioned
among the party states as follows: One-tenth of the total budget in equal shares and the remainder
in proportion to the value of agricultural and forest crops and products, excluding animals and
animal products, produced in each party state. In determining the value of such crops and products
the Insurance Fund may employ such source or sources of information as in its judgment present
the most equitable and accurate comparisons among the party states. Each of the budgets and
requests for appropriations shall indicate the source or sources used in obtaining information
concerning value of products.
(c) The financial assets of the Insurance Fund shall be maintained in two accounts to be
designated respectively as the "Operating Account" and the "Claims Account." The Operating
Account shall consist only of those assets necessary for the administration of the Insurance
Fund during the next ensuing two-year period. The Claims Account shall contain all moneys not
included in the Operating Account and shall not exceed the amount reasonably estimated to be
sufficient to pay all legitimate claims on the Insurance Fund for a period of three years. At any
time when the Claims Account has reached its maximum limit or would reach its maximum
limit by the addition of moneys requested for appropriation by the party states, the Governing
Board shall reduce its budget requests on a pro rata basis in such manner as to keep the Claims
Account within such maximum limit. Any moneys in the Claims Account by virtue of conditional
donations, grants or gifts shall be included in calculations made pursuant to this paragraph only to
the extent that such moneys are available to meet demands arising out of claims.
(d) The Insurance Fund shall not pledge the credit of any party state. The Insurance Fund
may meet any of its obligations in whole or in part with moneys available to it under Article IV
(g) of this compact, provided that the Governing Board takes specific action setting aside such
moneys prior to incurring any obligation to be met in whole or in part in such manner. Except
where the Insurance Fund makes use of moneys available to it under Article IV (g) hereof, the
Insurance Fund shall not incur any obligation prior to the allotment of moneys by the party
states adequate to meet the same.
(e) The Insurance Fund shall keep accurate accounts of all receipts and disbursements. The
receipts and disbursements of the Insurance Fund shall be subject to the audit and accounting
procedures established under its bylaws. However, all receipts and disbursements of funds handled
by the Insurance Fund shall be audited yearly by a certified or licensed public accountant and a
report of the audit shall be included in and become part of the annual report of the Insurance Fund.
(f) The accounts of the Insurance Fund shall be open at any reasonable time for inspection by
duly authorized officers of the party states and by any persons authorized by the Insurance Fund.

ARTICLE X

Entry Into Force and Withdrawal
(a) This compact shall enter into force when enacted into law by any five or more states.
Thereafter, this compact shall become effective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statute repealing the
same, but no such withdrawal shall take effect until two years after the executive head of the
withdrawing state has given notice in writing of the withdrawal to the executive heads of all
other party states. No withdrawal shall affect any liability already incurred by or chargeable to a
party state prior to the time of such withdrawal.

ARTICLE XI

Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The
provisions of this compact shall be severable and if any phase, clause, sentence or provision of
this compact is declared to be contrary to the constitution of any state or of the United States or
the applicability thereof to any government, agency, person or circumstance is held invalid, the
validity of the remainder of this compact and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby. If this compact shall be held contrary to
the constitution of any state participating herein, the compact shall remain in full force and
effect as to the remaining party states and in full force and effect as to the state affected as to
all severable matters.
History: 1969 c 1020 s 1

18.63 STATE COOPERATION.
Consistent with law and within available appropriations, the departments, agencies and
officers of this state may cooperate with the insurance fund established by the Pest Control
Compact.
History: 1969 c 1020 s 2

18.64 BYLAWS AND AMENDMENTS; FILING.
Pursuant to article IV (h) of the compact, copies of bylaws and amendments thereto shall be
filed in the office of the Department of Agriculture of the state of Minnesota.
History: 1969 c 1020 s 3

18.65 ADMINISTRATOR; COMMISSIONER OF AGRICULTURE.
The compact administrator for this state shall be the commissioner of agriculture appointed
by the governor. The duties of the compact administrator shall be deemed a regular part of the
duties of the commissioner's office.
History: 1969 c 1020 s 4; 1986 c 444

18.66 REQUEST FOR ASSISTANCE.
Within the meaning of article VI (b) or VIII (a), a request or application for assistance from
the Insurance Fund may be made by the governor or the commissioner of agriculture whenever in
the official's judgment the conditions qualifying this state for such assistance exist and it would be
in the best interest of this state to make such request.
History: 1969 c 1020 s 5; 1986 c 444

18.67 APPROPRIATION; ACCEPTANCE OF FUNDS.
There is hereby appropriated out of the general fund in the state treasury to the Department
of Agriculture for the purposes of sections 18.62 to 18.71 during the biennium beginning on July
1, 1969, the sum of $29,000. The Department of Agriculture shall have credited to its account in
the state treasury the amount or amounts of any payments made to this state to defray the cost
of such program, or any part thereof, or as reimbursement thereof, and moneys so credited are
appropriated to the Department of Agriculture for the purposes of sections 18.62 to 18.71.
History: 1969 c 399 s 1; 1969 c 1020 s 6

18.68 FILING OF DOCUMENTS; NOTICES.
Filing of documents as required by the compact set forth in sections 18.62 to 18.71 shall
be with the Department of Agriculture. Any and all notices required by commission bylaws to
be given pursuant to article VI, clause (d) of the compact shall be given to the commissioner of
agriculture of this state or the commissioner's alternate, if any.
History: 1969 c 1020 s 7; 1986 c 444

18.69 BUDGET; LIMITATIONS.
Pursuant to article IX, clause (a) of the compact, the governing board shall submit its budget
to the commissioner of agriculture. Such budget and the state's share thereof shall be subject to
the provisions of chapter 16A, and any act amendatory thereof.
History: 1969 c 1020 s 8; 1977 c 410 s 10

18.70 LEGISLATIVE AUDITOR.
Pursuant to article IX, clause (f) of the compact, the legislative auditor is hereby empowered
and authorized to inspect the accounts of the insurance fund as a part of the auditor's audit of the
Department of Agriculture.
History: 1969 c 1020 s 9; 1973 c 492 s 14; 1986 c 444

18.71 GOVERNOR AS EXECUTIVE HEAD.
As used in the compact, with reference to this state, the term "executive head" shall mean the
governor.
History: 1969 c 1020 s 10

MINNESOTA NOXIOUS WEED LAW

18.75 PURPOSE.
It is the policy of the legislature that residents of the state be protected from the injurious
effects of noxious weeds on public health, the environment, public roads, crops, livestock, and
other property. Sections 18.76 to 18.88 contain procedures for controlling and eradicating noxious
weeds on all lands within the state.
History: 1992 c 500 s 1

18.76 CITATION.
Sections 18.76 to 18.88 may be cited as the "Minnesota Noxious Weed Law."
History: 1992 c 500 s 2

18.77 DEFINITIONS.
    Subdivision 1. Scope. The definitions in this section apply to sections 18.76 to 18.88.
    Subd. 2.[Repealed, 1996 c 310 s 1]
    Subd. 3. Control. "Control" means to destroy the aboveground growth of noxious weeds
by a lawful method that prevents the maturation and spread of noxious weed propagating parts
from one area to another.
    Subd. 4. Eradicate. "Eradicate" means to destroy the aboveground growth and the roots
of noxious weeds by a lawful method that prevents the maturation and spread of noxious weed
propagating parts from one area to another.
    Subd. 5. Growing crop. "Growing crop" means an agricultural, horticultural, or forest crop
that has been planted or regularly maintained and intended for harvest.
    Subd. 6. Land. "Land" means a parcel or tract of real estate including wetlands and public
waters but not including buildings unless they are a place of business and open to the general
public.
    Subd. 7. Municipality. "Municipality" means a home rule charter or statutory city or a
township.
    Subd. 8. Noxious weed. "Noxious weed" means an annual, biennial, or perennial plant that
the commissioner designates to be injurious to public health, the environment, public roads,
crops, livestock, or other property.
    Subd. 9. Occupant. "Occupant" means a person who uses land as a principal residence
or who leases land or both.
    Subd. 10. Permanent pasture, hay meadow, woodlot, and other noncrop area.
"Permanent pasture, hay meadow, woodlot, and other noncrop area" means an area of
predominantly native or seeded perennial plants that can be used for grazing or hay purposes but
is not harvested on a regular basis and is not considered to be a growing crop.
    Subd. 11. Person. "Person" means an individual, partnership, corporation, society,
association, firm, public agency, or an agent for one of those entities.
    Subd. 12. Propagating parts. "Propagating parts" means plant parts, including seeds, that
are capable of producing new plants.
History: 1992 c 500 s 3

18.78 CONTROL OR ERADICATION OF NOXIOUS WEEDS.
    Subdivision 1. Generally. A person owning land, a person occupying land, or a person
responsible for the maintenance of public land shall control or eradicate all noxious weeds on
the land at a time and in a manner ordered by the county agricultural inspector or a local weed
inspector.
    Subd. 2. Control of purple loosestrife. An owner of nonfederal lands underlying public
waters or wetlands designated under section 103G.201 is not required to control or eradicate
purple loosestrife below the ordinary high water level of the public water or wetland. The
commissioner of natural resources is responsible for control and eradication of purple loosestrife
on public waters and wetlands designated under section 103G.201, except those located upon
lands owned in fee title or managed by the United States. The officers, employees, agents, and
contractors of the commissioner of natural resources may enter upon public waters and wetlands
designated under section 103G.201 and, after providing notification to the occupant or owner of
the land, may cross adjacent lands as necessary for the purpose of investigating purple loosestrife
infestations, formulating methods of eradication, and implementing control and eradication of
purple loosestrife. The commissioner of natural resources shall, by June 1 of each year, compile a
priority list of purple loosestrife infestations to be controlled with herbicides in designated public
waters. The commissioner of natural resources must distribute the list to county agricultural
inspectors, local weed inspectors, and their appointed agents. The commissioner of natural
resources shall control listed purple loosestrife infestations in priority order within the limits of
funding allocated for that purpose. This procedure shall supersede the other provisions for control
of noxious weeds set forth elsewhere in this chapter. The responsibility of the commissioner of
natural resources to control and eradicate purple loosestrife on public waters and wetlands located
on private lands and the authority to enter upon private lands ends ten days after receipt by
the commissioner of a written statement from the landowner that the landowner assumes all
responsibility for control and eradication of purple loosestrife under sections 18.78 to 18.88. State
officers, employees, agents, and contractors of the commissioner of natural resources are not
liable in a civil action for trespass committed in the discharge of their duties under this section
and are not liable to anyone for damages, except for damages arising from gross negligence.
History: 1992 c 500 s 4; 2003 c 128 art 3 s 14; 2004 c 243 s 2

18.79 DUTIES OF COMMISSIONER.
    Subdivision 1. Enforcement. The commissioner of agriculture shall administer and enforce
sections 18.76 to 18.88.
    Subd. 2. Authorized agents. County agricultural inspectors may administer and enforce
sections 18.76 to 18.88.
    Subd. 3. Entry upon land. To administer and enforce sections 18.76 to 18.88, 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. 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. Initial training for control or eradication of noxious weeds. The commissioner
shall conduct initial training 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 county agricultural inspector 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
county agricultural inspector 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.[Repealed, 2004 c 228 art 1 s 76]
    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.
History: 1986 c 444; 1992 c 500 s 5; 1997 c 216 s 27; 2003 c 128 art 3 s 15-20

18.80 INSPECTORS.
    Subdivision 1. County agricultural inspectors. The county board shall appoint one or more
county agricultural inspectors that meet the qualifications prescribed by rule. The appointment
must be for a period of time which is sufficient to accomplish the duties assigned to this position.
A notice of the appointment must be delivered to the commissioner within ten days of the
appointment and it must establish the initial number of hours to be worked annually.
    Subd. 2. Local weed inspectors. The supervisors of each town board and the mayor of each
city shall act as local weed inspectors within their respective municipalities.
    Subd. 3. Assistant weed inspectors. A municipality may appoint one or more assistants to
act on behalf of the appointing authority as a weed inspector for the municipality. The appointed
assistant or assistants have the power, authority, and responsibility of the town board members or
the city mayor in the capacity of weed inspector.
History: 1992 c 500 s 6

18.81 DUTIES OF INSPECTORS.
    Subdivision 1. County agricultural inspectors. It is the duty of county agricultural
inspectors:
(1) to see that sections 18.76 to 18.88 and rules adopted under those sections are carried
out within their jurisdiction;
(2) to see that sections 21.80 to 21.92 and rules adopted under those sections are carried
out within their jurisdiction;
(3) to see that sections 21.71 to 21.78 and rules adopted under those sections are carried
out within their jurisdiction;
(4) to participate in the control programs for feed, fertilizer, pesticide, and insect pests when
requested, in writing, to do so by the commissioner;
(5) to participate in other agricultural programs under the control of the commissioner when
requested to do so, subject to veto by the county board;
(6) to administer the distribution of funds allocated by the county board to the county
agricultural inspector for noxious weed control and eradication within the county;
(7) to submit reports and attend meetings that the commissioner requires; and
(8) to publish a general weed notice of the legal duty to control noxious weeds in one or
more legal newspapers of general circulation throughout the county.
    Subd. 2. Local weed inspectors. Local weed inspectors shall:
(1) examine all lands, including highways, roads, alleys, and public ground in the territory
over which their jurisdiction extends to ascertain if section 18.78 and related rules have been
complied with;
(2) see that the control or eradication of noxious weeds is carried out in accordance with
section 18.83 and related rules; and
(3) issue permits in accordance with section 18.82 and related rules for the transportation of
materials or equipment infested with noxious weed propagating parts.
    Subd. 3. Nonperformance by inspectors; reimbursement for expenses. If local weed
inspectors neglect or fail to do their duty as prescribed in this section, the county agricultural
inspector shall issue a notice to the inspector providing instructions on how and when to do their
duty. If, after the time allowed in the notice, the local weed inspector has not complied as directed,
the county agricultural inspector may perform the duty for the local weed inspector. A claim for
the expense of doing the local weed inspector's duty is a legal charge against the municipality in
which the inspector has jurisdiction. The county agricultural inspector doing the work may file an
itemized statement of costs with the clerk of the municipality in which the work was performed.
The municipality shall immediately issue proper warrants to the county for the work performed. If
the municipality fails to issue the warrants, the county auditor may include the amount contained
in the itemized statement of costs as part of the next annual tax levy in the municipality and
withhold that amount from the municipality in making its next apportionment.
History: 1992 c 500 s 7; 2003 c 128 art 3 s 21,22

18.82 TRANSPORTATION OF NOXIOUS WEED PROPAGATING PARTS IN INFESTED
MATERIAL OR EQUIPMENT.
    Subdivision 1. Permits. Except as provided in section 21.74, if a person wants to transport
along a public highway materials or equipment containing the propagating parts of weeds
designated as noxious by the commissioner, the person must secure a written permit for
transportation of the material or equipment from a local weed inspector or county agricultural
inspector. Inspectors may issue permits to persons residing or operating within their jurisdiction.
If the noxious weed propagating parts are removed from materials and equipment or devitalized
before being transported, a permit is not needed.
    Subd. 2. Conditions of permit issuance. The following conditions must be met before
a permit under subdivision 1 may be issued:
(1) any material or equipment containing noxious weed propagating parts that is about to be
transported along a public highway must be in a container that is sufficiently tight and closed or
otherwise covered to prevent the blowing or scattering of the material along the highway or on
other lands or water; and
(2) the destination for unloading and the use of the material or equipment containing noxious
weed propagating parts must be stated on the permit along with the method that will be used to
destroy the viability of the propagating parts and thereby prevent their being dumped or scattered
upon land or water.
    Subd. 3. Duration of permit; revocation. A permit under subdivision 1 is valid for up to
one year after the date it is issued unless otherwise specified by the weed inspector issuing the
permit. The permit may be revoked if a county agricultural inspector or local weed inspector
determines that the applicant has not complied with this section.
History: 1992 c 500 s 8

18.83 CONTROL; ERADICATION; NOTICES; EXPENSES.
    Subdivision 1. General weed notice. A general notice for noxious weed control or
eradication must be published on or before May 15 of each year and at other times the
commissioner directs. Failure of the county agricultural weed inspector to publish the general
notice does not relieve a person from the necessity of full compliance with sections 18.76 to
18.88 and related rules. The published notice is legal and sufficient notice when an individual
notice cannot be served.
    Subd. 2. Individual notice. A weed inspector may find it necessary to secure more prompt
or definite control or eradication of noxious weeds than is accomplished by the published general
notice. In these special or individual instances, involving one or a limited number of persons, the
weed inspector having jurisdiction shall serve individual notices in writing upon the person who
owns the land and the person who occupies the land, or the person responsible for or charged with
the maintenance of public land, giving specific instructions on when and how named noxious
weeds are to be controlled or eradicated. Individual notices provided for in this section must be
served in the same manner as a summons in a civil action in the district court or by certified mail.
Service on a person living temporarily or permanently outside of the weed inspector's jurisdiction
may be made by sending the notice by certified mail to the last known address of the person, to be
ascertained, if necessary, from the last tax list in the county treasurer's office.
    Subd. 3. Appeal of individual notice; appeal committee. (1) A recipient of an individual
notice may appeal, in writing, the order for control or eradication of noxious weeds. This appeal
must be filed with a member of the appeal committee in the county where the land is located
within two working days of the time the notice is received. The committee must inspect the land
specified in the notice and report back to the recipient and the inspector who issued the notice
within five working days, either agreeing, disagreeing, or revising the order. The decision may be
appealed in district court. If the committee agrees or revises the order, the control or eradication
specified in the order, as approved or revised by the committee, may be carried out.
(2) The county board of commissioners shall appoint members of the appeal committee. The
membership must include a county commissioner or municipal official and a landowner residing
in the county. The expenses of the members may be reimbursed by the county upon submission of
an itemized statement to the county auditor. At its option, the county board of commissioners, by
resolution, may delegate the duties of the appeal committee to its board of adjustment established
pursuant to section 394.27. When carrying out the duties of the appeal committee, the zoning
board of adjustment shall comply with all of the procedural requirements of this section.
    Subd. 4. Control or eradication by inspector. If a person does not comply with an
individual notice served on the person or an individual notice cannot be served, the weed inspector
having jurisdiction shall have the noxious weeds controlled or eradicated within the time and
in the manner the weed inspector designates.
    Subd. 5. Control or eradication by inspector in growing crop. A weed inspector may
consider it necessary to control or eradicate noxious weeds along with all or a part of a growing
crop to prevent the maturation and spread of noxious weeds within the inspector's jurisdiction.
If this situation exists, the weed inspector may have the noxious weeds controlled or eradicated
together with the crop after the appeal committee has reviewed the matter as outlined in
subdivision 3 and reported back agreement with the order.
    Subd. 6. Authorization for person hired to enter upon land. The weed inspector may hire
a person to control or eradicate noxious weeds if the person who owns the land, the person
who occupies the land, or the person responsible for the maintenance of public land has failed
to comply with an individual notice or with the published general notice when an individual
notice cannot be served. The person hired must have authorization, in writing, from the weed
inspector to enter upon the land.
    Subd. 7. Expenses; reimbursements. A claim for the expense of controlling or eradicating
noxious weeds, which may include the costs of serving notices, is a legal charge against the
county in which the land is located. The officers having the work done must file with the county
auditor a verified and itemized statement of cost for all services rendered on each separate tract
or lot of land. The county auditor shall immediately issue proper warrants to the persons named
on the statement as having rendered services. To reimburse the county for its expenditure in
this regard, the county auditor shall certify the total amount due and, unless an appeal is made
in accordance with section 18.84, enter it on the tax roll as a tax upon the land and it must be
collected as other real estate taxes are collected.
If public land is involved, the amount due must be paid from funds provided for maintenance
of the land or from the general revenue or operating fund of the agency responsible for the land.
Each claim for control or eradication of noxious weeds on public lands must first be approved
by the commissioner of agriculture.
History: 1992 c 500 s 9; 2005 c 49 s 1

18.84 LIABILITY; APPEALS.
    Subdivision 1. Counties and municipalities. Counties and municipalities are not liable
for damages from the noxious weed control program for actions conducted in accordance with
sections 18.76 to 18.88.
    Subd. 2. Appeal to county board. A person who is ordered to control noxious weeds under
sections 18.76 to 18.88 and is charged for noxious weed control may appeal the cost of noxious
weed control to the county board of the county where the noxious weed control measures were
undertaken within 30 days after being charged. The county board shall determine the amount
and approve the charge and filing of a lien against the property if it determines that the owner, or
occupant if other than the owner, responsible for controlling noxious weeds did not comply with
the order of the inspector.
    Subd. 3. Court appeal of costs; petition. (a) A landowner who has appealed the cost of
noxious weed control measures under subdivision 2 may petition for judicial review. The petition
must be filed within 30 days after the conclusion of the hearing before the county board. The
petition must be filed with the court administrator in the county in which the land where the
noxious weed control measures were undertaken is located, together with proof of service of a
copy of the petition on the county auditor. No responsive pleadings may be required of the county,
and no court fees may be charged for the appearance of the county in this matter.
(b) The petition must be captioned in the name of the person making the petition as petitioner
and respective county as respondents. The petition must include the petitioner's name, the legal
description of the land involved, a copy of the notice to control noxious weeds, and the date or
dates on which appealed control measures were undertaken.
(c) The petition must state with specificity the grounds upon which the petitioner seeks to
avoid the imposition of a lien for the cost of noxious weed control measures.
    Subd. 4. Hearing. (a) A hearing under subdivisions 3 to 5 must be held at the earliest
practicable date, and in no event later than 90 days following the filing of the petition of objection.
The hearing must be before a district judge in the county in which the land where the noxious
weed control measures were undertaken is located, and must be conducted in accordance with
the District Court Rules of Civil Procedure.
(b) The court shall either order that a lien representing part or all of the costs for noxious
weed control measures be imposed against the land or that the landowner be relieved of
responsibility for payment of noxious weed control measures undertaken.
    Subd. 5. Further appeal. A party aggrieved by the decision of the reviewing court may
appeal the decision as provided in the Rules of Appellate Procedure.
History: 1992 c 500 s 10; 2003 c 128 art 3 s 23

18.85 [Repealed, 2003 c 128 art 7 s 1]

18.86 UNLAWFUL ACTS.
No person may:
(1) hinder or obstruct in any way the county agricultural inspectors or local weed inspectors
in the performance of their duties as provided in sections 18.76 to 18.88 or related rules;
(2) neglect, fail, or refuse to comply with section 18.82 or related rules in the transportation
and use of material or equipment infested with noxious weed propagating parts;
(3) sell material containing noxious weed propagating parts to a person who does not have a
permit to transport that material or to a person who does not have a screenings permit issued in
accordance with section 21.74; or
(4) neglect, fail, or refuse to comply with a general notice or an individual notice to control
or eradicate noxious weeds.
History: 1992 c 500 s 12; 2003 c 128 art 3 s 24

18.87 PENALTY.
A violation of section 18.86 or a rule adopted under that section is a misdemeanor. County
agricultural inspectors, local weed inspectors, or their appointed assistants are not subject to
the penalties of this section for failure, neglect, or refusal to perform duties imposed on them
by sections 18.76 to 18.88.
History: 1992 c 500 s 13

18.88 NOXIOUS WEED PROGRAM FUNDING.
    Subdivision 1. County. The county board shall pay, from the general revenue or other fund
for the county, the expenses for the county agricultural inspector position, for noxious weed
control or eradication on all land owned by the county or on land that the county is responsible
for the maintenance of, for the expenses of the appeal committee, and for necessary expenses
as required for quarantines within the county.
    Subd. 2. Municipality. The municipality shall pay, from the general revenue or other fund
for the municipality, the necessary expenses of the local weed inspector in the performance
of duties required for quarantines within the municipality, and for noxious weed control or
eradication on land owned by the municipality or on land for which the municipality is responsible
for its maintenance.
History: 1992 c 500 s 14