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Minnesota Legislature

Office of the Revisor of Statutes

25.39 INSPECTION FEES AND REPORTS.
    Subdivision 1. Amount of fee. (a) An inspection fee at the rate of 16 cents per ton must be
paid to the commissioner on commercial feeds distributed in this state by the person who first
distributes the commercial feed, except that:
(1) no fee need be paid on:
(i) a commercial feed if the payment has been made by a previous distributor; or
(ii) customer formula feeds if the inspection fee is paid on the commercial feeds which
are used as ingredients; or
(2) a Minnesota feed distributor who can substantiate that greater than 50 percent of the
distribution of commercial feed is to purchasers outside the state may purchase commercial
feeds without payment of the inspection fee under a tonnage fee exemption permit issued by
the commissioner. Such location specific permits shall be issued on a calendar year basis to
commercial feed distributors who submit a $100 nonrefundable application fee and comply
with rules adopted by the commissioner relative to record keeping, tonnage of commercial
feed distributed in Minnesota, total of all commercial feed tonnage distributed, and all other
information which the commissioner may require so as to ensure that proper inspection fee
payment has been made.
(b) In the case of pet food distributed in the state only in packages of ten pounds or less, a
listing of each product and a current label for each product must be submitted annually on forms
provided by the commissioner and accompanied by an annual fee of $50 for each product in lieu
of the inspection fee. This annual fee is due by July 1. The inspection fee required by paragraph
(a) applies to pet food distributed in packages exceeding ten pounds.
(c) In the case of specialty pet food distributed in the state only in packages of ten pounds or
less, a listing of each product and a current label for each product must be submitted annually on
forms provided by the commissioner and accompanied by an annual fee of $25 for each product
in lieu of the inspection fee. This annual fee is due by July 1. The inspection fee required by
paragraph (a) applies to specialty pet food distributed in packages exceeding ten pounds.
(d) The minimum inspection fee is $10 per annual reporting period.
    Subd. 1a. Containers of ten pounds or less. A distributor who is subject to the annual fee
specified in subdivision 1, paragraph (b) or (c), shall do the following:
(1) before beginning distribution, file with the commissioner a listing of pet and specialty pet
foods to be distributed in the state only in containers of ten pounds or less, on forms provided by
the commissioner. The listing under this clause must be renewed annually before July 1 and is the
basis for the payment of the annual fee. New products added during the year must be submitted to
the commissioner as a supplement to the annual listing before distribution; and
(2) if the annual renewal of the listing is not received before July 1 or if an unlisted product is
distributed, pay a late filing fee of $10 per product in addition to the normal charge for the listing.
The late filing fee under this clause is in addition to any other penalty under this chapter.
    Subd. 2. Annual statement. A person who is liable for the payment of a fee under this
section shall file with the commissioner on forms furnished by the commissioner an annual
statement setting forth the number of net tons of commercial feeds distributed in this state during
the calendar year. The report is due by the 31st of each January. The inspection fee at the rate
specified in subdivision 1 must accompany the statement. For each tonnage report not filed or
payment of inspection fees not made on time, a penalty of ten percent of the amount due, with a
minimum penalty of $10, must be assessed against the license holder, and the amount of fees
due, plus penalty, is a debt and may be recovered in a civil action against the license holder. The
assessment of this penalty does not prevent the department from taking other actions as provided
in this chapter.
    Subd. 3. Records. Each person required to pay an inspection fee or to report in accordance
with this section shall keep records, as determined by the commissioner, accurately detailing the
tonnage of commercial feed distributed in this state. Records upon which the tonnage is based
must be maintained for six years and made available to the commissioner for inspection, copying,
and audit. A person who is located outside of this state must maintain and make available records
required by this section in this state or pay all costs incurred in auditing of the records at another
location. Unless required for the enforcement of this chapter, the information in the records
required by this subdivision is private or nonpublic.
    Subd. 4. Commercial feed inspection account. A commercial feed inspection account is
established in the agricultural fund. Fees and penalties collected under this chapter and interest
attributable to money in the account must be deposited in the agricultural fund and credited to
the commercial feed inspection account. Money in the account, including interest earned, is
appropriated to the commissioner for the administration and enforcement of this chapter.
History: 1971 c 433 s 9; 1973 c 448 s 1; 1985 c 248 s 70; 1Sp1985 c 10 s 46; 1993 c 172 s
27; 1997 c 216 s 51; 1999 c 231 s 48; 1Sp2005 c 1 art 1 s 59,60; 2006 c 203 s 2,3