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Minnesota Legislature

Office of the Revisor of Statutes

CHAPTER 25. COMMERCIAL FEED

Table of Sections
SectionHeadnote
25.01Repealed, 1959 c 170 s 16
25.02Repealed, 1959 c 170 s 16
25.03Repealed, 1959 c 170 s 16
25.04Repealed, 1959 c 170 s 16
25.05Repealed, 1959 c 170 s 16
25.06Repealed, 1959 c 170 s 16
25.07Repealed, 1959 c 170 s 16
25.08Repealed, 1959 c 170 s 16
25.09Repealed, 1959 c 170 s 16
25.10Repealed, 1959 c 170 s 16
25.11Repealed, 1959 c 170 s 16
25.12Repealed, 1959 c 170 s 16
25.13Repealed, 1959 c 170 s 16
25.14Repealed, 1959 c 170 s 16
25.15Repealed, 1971 c 433 s 16
25.16Repealed, 1971 c 433 s 16
25.17Repealed, 1971 c 433 s 16
25.18Repealed, 1971 c 433 s 16
25.19Repealed, 1971 c 433 s 16
25.20Repealed, 1971 c 433 s 16
25.21Repealed, 1971 c 433 s 16
25.22Repealed, 1971 c 433 s 16
25.23Repealed, 1971 c 433 s 16
25.24Repealed, 1971 c 433 s 16
25.25Repealed, 1971 c 433 s 16
25.26Repealed, 1971 c 433 s 16
25.27Repealed, 1971 c 433 s 16
25.28Repealed, 1971 c 433 s 16
25.29Repealed, 1971 c 433 s 16
25.31CITATION, COMMERCIAL FEED LAW.
25.32COMMISSIONER'S DUTIES.
25.33DEFINITIONS.
25.34Repealed, 1997 c 216 s 160
25.341LICENSING.
25.342CERTIFICATES, FREE SALE.
25.35LABELING.
25.36MISBRANDING.
25.37ADULTERATION.
25.38PROHIBITED ACTS.
25.39INSPECTION FEES AND REPORTS.
25.40RULES.
25.41INSPECTION, SAMPLING, AND ANALYSIS.
25.42DETAINED COMMERCIAL FEEDS.
25.43PENALTIES.
25.44Repealed, 1996 c 310 s 1
25.45Repealed, 1975 c 227 s 10
25.46Repealed, 1996 c 310 s 1
25.47Repealed, 1Sp2001 c 2 s 162
25.01 [Repealed, 1959 c 170 s 16]
25.02 [Repealed, 1959 c 170 s 16]
25.03 [Repealed, 1959 c 170 s 16]
25.04 [Repealed, 1959 c 170 s 16]
25.05 [Repealed, 1959 c 170 s 16]
25.06 [Repealed, 1959 c 170 s 16]
25.07 [Repealed, 1959 c 170 s 16]
25.08 [Repealed, 1959 c 170 s 16]
25.09 [Repealed, 1959 c 170 s 16]
25.10 [Repealed, 1959 c 170 s 16]
25.11 [Repealed, 1959 c 170 s 16]
25.12 [Repealed, 1959 c 170 s 16]
25.13 [Repealed, 1959 c 170 s 16]
25.14 [Repealed, 1959 c 170 s 16]
25.15 [Repealed, 1971 c 433 s 16]
25.16 [Repealed, 1971 c 433 s 16]
25.17 [Repealed, 1971 c 433 s 16]
25.18 [Repealed, 1971 c 433 s 16]
25.19 [Repealed, 1971 c 433 s 16]
25.20 [Repealed, 1971 c 433 s 16]
25.21 [Repealed, 1971 c 433 s 16]
25.22 [Repealed, 1971 c 433 s 16]
25.23 [Repealed, 1971 c 433 s 16]
25.24 [Repealed, 1971 c 433 s 16]
25.25 [Repealed, 1971 c 433 s 16]
25.26 [Repealed, 1971 c 433 s 16]
25.27 [Repealed, 1971 c 433 s 16]
25.28 [Repealed, 1971 c 433 s 16]
25.29 [Repealed, 1971 c 433 s 16]
25.31 CITATION, COMMERCIAL FEED LAW.
Sections 25.31 to 25.43 are known and may be cited as the Minnesota Commercial Feed Law.
History: 1971 c 433 s 1; 1980 c 509 s 5; 1997 c 216 s 35
25.32 COMMISSIONER'S DUTIES.
Sections 25.31 to 25.43 shall be administered by the commissioner.
History: 1971 c 433 s 2; 1980 c 509 s 6; 1997 c 216 s 36
25.33 DEFINITIONS.
    Subdivision 1. Scope. When used in sections 25.31 to 25.43, the terms defined in this section
have the meanings given them.
    Subd. 2.[Repealed, 1996 c 310 s 1]
    Subd. 3. Distribute. "Distribute" means to offer for sale, sell, exchange, or barter,
commercial feed; or to supply, furnish, or otherwise provide commercial feed to a contract feeder.
    Subd. 4. Distributor. "Distributor" means any person who distributes commercial feed in
this state.
    Subd. 5. Commercial feed. "Commercial feed" means materials or combinations of
materials that are distributed or intended to be distributed for use as feed or for mixing in feed,
including feed for aquatic animals, unless the materials are specifically exempted. Unmixed whole
seeds and physically altered entire unmixed seeds, if the whole or physically altered seeds are
not chemically changed or are not adulterated within the meaning of section 25.37, paragraph
(a)
, are exempt. The commissioner by rule may exempt from this definition, or from specific
provisions of sections 25.31 to 25.43, commodities such as hay, straw, stover, silage, cobs, husks,
hulls, and individual chemical compounds or substances if those commodities, compounds, or
substances are not intermixed with other materials, and are not adulterated within the meaning of
section 25.37, paragraph (a).
    Subd. 6. Feed ingredient. "Feed ingredient" means each of the constituent materials making
up a commercial feed.
    Subd. 7. Mineral feed. "Mineral feed" means a commercial feed intended to supply
primarily mineral elements or inorganic nutrients.
    Subd. 8. Drug. "Drug" means any article intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in animals other than humans and articles other than feed
intended to affect the structure or any function of the animal body.
    Subd. 9. Customer formula feed. "Customer formula feed" means commercial feed which
consists of a mixture of commercial feeds or feed ingredients or both, each batch of which is
manufactured according to the specific instructions of the final purchaser.
    Subd. 10. Manufacture. "Manufacture" means to grind, mix or blend, or further process
a commercial feed for distribution.
    Subd. 11. Brand name. "Brand name" means any word, name, symbol, or device, or any
combination thereof, identifying the commercial feed of a distributor or license holder and
distinguishing it from that of others.
    Subd. 12. Product name. "Product name" means the name of the commercial feed which
identifies it as to kind, class, or specific use.
    Subd. 13. Label. "Label" means a display of written, printed, or graphic matter upon or
affixed to the container in which a commercial feed is distributed, or on the invoice or delivery
slip with which a commercial feed is distributed.
    Subd. 14. Labeling. "Labeling" means all labels and other written, printed, or graphic matter
upon a commercial feed or any of its containers or wrapper or accompanying or supporting
such commercial feed.
    Subd. 15. Ton. "Ton" means a net weight of 2,000 pounds avoirdupois.
    Subd. 16. Percent; percentages. "Percent" or "percentages" means percentages by weights.
    Subd. 17. Official sample. "Official sample" means a sample of feed taken by the
commissioner or the commissioner's agent in accordance with the provisions of section 25.41,
subdivision 3
, 5, or 6.
    Subd. 18. Contract feeder. "Contract feeder" means a person who as an independent
contractor, feeds commercial feed to animals, pursuant to a contract whereby such commercial
feed is supplied, furnished, or otherwise provided to such person and whereby such person's
remuneration is determined all or in part by feed consumption, mortality, profits, or amount
or quality of product.
    Subd. 19. Pet food. "Pet food" means any commercial feed prepared and distributed for
consumption by pets.
    Subd. 20. Pet. "Pet" means a domesticated dog or cat normally maintained in or near the
household of its owner.
    Subd. 21. Commissioner. "Commissioner" means the commissioner of agriculture or a
designated representative.
    Subd. 22. Specialty pet. "Specialty pet" means a domesticated animal normally maintained
in a cage or tank, including, but not limited to, a gerbil, hamster, canary, psittacine bird, mynah,
finch, tropical fish, goldfish, snake, or turtle. "Specialty pet" does not include a dog, cat, horse,
rabbit, or wild bird.
    Subd. 23. Specialty pet food. "Specialty pet food" means commercial feed prepared and
distributed for consumption by specialty pets.
    Subd. 24. Quantity statement. "Quantity statement" means a statement of the net weight
(mass), net volume (liquid or dry), count, or other form of measurement.
History: 1971 c 433 s 3; 1980 c 509 s 7,8; 1985 c 248 s 70; 1986 c 444; 1991 c 309 s 12;
1997 c 216 s 37-45; 2006 c 203 s 1
25.34 [Repealed, 1997 c 216 s 160]
25.341 LICENSING.
    Subdivision 1. Requirement. Before a person may: (1) manufacture a commercial feed in
the state; (2) distribute a commercial feed in or into the state; or (3) have the person's name
appear on the label of a commercial feed as guarantor, the person must have a commercial feed
license for each manufacturing or distributing facility. A person who makes only retail sales of
commercial feed bearing labeling or another approved indication that the commercial feed is from
a licensed manufacturer, guarantor, or distributor who has assumed full responsibility for the
tonnage inspection fee due under sections 25.31 to 25.43 is not required to obtain a license.
    Subd. 2. Application; fee; term. A person who is required to have a commercial feed license
shall submit an application on a form provided or approved by the commissioner accompanied by
a fee of $25 paid to the commissioner for each location. A license is not transferable from one
person to another, from one ownership to another, or from one location to another. The license
year is the calendar year. A license expires on December 31 of the year for which it is issued,
except that a license is valid through January 31 of the next year or until the issuance of the
renewal license, whichever comes first, if the licensee has filed a renewal application with the
commissioner on or before December 31 of the year for which the current license was issued. Any
person who is required to have, but fails to obtain a license or a licensee who fails to comply with
license renewal requirements, shall pay a $50 late fee in addition to the license fee.
    Subd. 3. Copies of labels. The commissioner may request from a licensee copies of labels
and labeling in order to determine compliance with sections 25.31 to 25.43.
    Subd. 4. Denial; revocation; suspension; limits. The commissioner may deny a license
to a person or suspend or revoke the license of a person who is not in compliance with sections
25.31 to 25.43. The commissioner may impose conditions that limit production or distribution of
a particular commercial feed on the license of a person who is not in compliance with sections
25.31 to 25.43. A license may not be made conditional, suspended, refused, or revoked unless the
applicant or licensee has been given an opportunity to be heard before the commissioner in order
to comply with the requirements of sections 25.31 to 25.43.
History: 1997 c 216 s 46; 1Sp2005 c 1 art 1 s 57
25.342 CERTIFICATES, FREE SALE.
A nonrefundable application fee of $25 must accompany all free sale certificate requests
to facilitate the movement of Minnesota processed and manufactured feeds destined for export
from the state. Each label submitted for review must be accompanied by a nonrefundable $50
application fee.
History: 1Sp2005 c 1 art 1 s 58
25.35 LABELING.
(a) A commercial feed, except a customer formula feed, must be accompanied by a label
bearing the following information:
(1) the product name and the brand name, if any, under which the commercial feed is
distributed;
(2) the guaranteed analysis, stated in terms the commissioner requires by rule, to advise the
user of the composition of the feed or to support claims made in the labeling. The substances
or elements must be determinable by laboratory methods such as the methods published by the
AOAC International or other generally recognized methods;
(3) the common or usual name of each ingredient used in the manufacture of the commercial
feed. The commissioner may by rule permit the use of a collective term for a group of ingredients
which perform a similar function, or may exempt commercial feeds or any group of commercial
feeds from this requirement on finding that an ingredient statement is not required in the interest
of consumers;
(4) the name and principal mailing address of the manufacturer or the person responsible for
distributing the commercial feed;
(5) adequate directions for use for all commercial feeds containing drugs and for such other
feeds as the commissioner may require by rule as necessary for their safe and effective use;
(6) precautionary statements which the commissioner determines by rule are necessary for
the safe and effective use of the commercial feed; and
(7) a quantity statement.
(b) A customer formula feed must be accompanied by a label, invoice, delivery slip, or other
shipping document bearing the following information:
(1) name and address of the manufacturer;
(2) name and address of the purchaser;
(3) date of delivery;
(4) the product name and either (i) the quantity of each commercial feed and each other
ingredient used in the mixture, or (ii) a guaranteed analysis and list of ingredients in paragraph
(a), clauses (2) and (3);
(5) adequate directions for use for all customer formula feeds containing drugs and for other
feeds the commissioner requires by rule as necessary for their safe and effective use;
(6) precautionary statements the commissioner determines by rule are necessary for the safe
and effective use of the customer formula feed;
(7) if a product containing a drug is used:
(i) the purpose of the medication (claim statement); and
(ii) the established name of each active drug ingredient and the level of each drug used in the
final mixture expressed in a manner required by the commissioner by rule; and
(8) for a customer formula feed for which the formula is developed by someone other than the
manufacturer, a disclaimer may be included on the label stating "THIS FEED IS A CUSTOMER
FORMULA FEED DEVELOPED BY SOMEONE OTHER THAN THE MANUFACTURER.
THE MANUFACTURER DOES NOT CLAIM, REPRESENT, WARRANT, OR GUARANTEE,
AND IS NOT RESPONSIBLE FOR THE NUTRITIONAL ADEQUACY OF THIS FEED OR
THE NUTRITIONAL SUITABILITY OF THIS FEED FOR ITS INTENDED PURPOSE."
(c) The manufacturer of a customer formula feed the formula of which is developed by
someone other than the manufacturer is not responsible or liable for the nutritional adequacy
or the nutritional suitability of the feed for its intended purpose if: (1) the manufacturer does
not make a claim of nutritional adequacy for the customer formula feed and does not make
a claim for nutritional suitability of the feed for its intended purpose; and (2) the manufacturer
includes the disclaimer in paragraph (b), clause (8). A person other than the manufacturer who
develops or recommends a formula for a customer formula feed is responsible for providing to the
manufacturer of the feed the appropriate labeling information and for providing the appropriate
use information to the feed manufacturer.
History: 1971 c 433 s 5; 1985 c 248 s 70; 1986 c 444; 1997 c 216 s 47
25.36 MISBRANDING.
A commercial feed is misbranded if:
(1) its labeling is false or misleading in any particular;
(2) it is distributed under the name of another commercial feed;
(3) it is not labeled as required in section 25.35;
(4) it purports to be or is represented as a commercial feed or it purports to contain or is
represented as containing a commercial feed ingredient unless that commercial feed or feed
ingredient conforms to the definition, if any, prescribed by rule by the commissioner;
(5) any word, statement, or other information required by or under authority of sections
25.31 to 25.43 to appear on the label or labeling is not prominently placed on it with such
conspicuousness as compared with other words, statements, designs, or devices in the labeling,
and in such terms as to render it likely to be read and understood by the ordinary individual under
customary conditions of purchase and use; or
(6) its labeling would deceive or mislead the purchaser with respect to its composition or
suitability.
History: 1971 c 433 s 6; 1980 c 509 s 10; 1985 c 248 s 70; 1997 c 216 s 48
25.37 ADULTERATION.
(a) A commercial feed or a material exempted from the definition of commercial feed under
section 25.33, subdivision 5, is adulterated if:
(1) it bears or contains a poisonous or deleterious substance which may render it injurious to
health; but in case the substance is not an added substance, the commercial feed is not considered
adulterated if the quantity of the substance in the commercial feed does not ordinarily render
it injurious to health;
(2) it bears or contains an added poisonous, deleterious, or nonnutritive substance which is
unsafe within the meaning of section 406 of the federal Food, Drug, and Cosmetic Act, other than
the one which is a pesticide chemical in or on a raw agricultural commodity, or a food additive;
(3) it is unsafe or bears or contains any food additive which is unsafe within the meaning
of section 409 of the federal Food, Drug, and Cosmetic Act;
(4) it is a raw agricultural commodity and it bears or contains a pesticide chemical which
is unsafe within the meaning of section 408(a) of the federal Food, Drug, and Cosmetic Act;
provided, that where a pesticide chemical has been used in or on a raw agricultural commodity
in conformity with an exemption granted or a tolerance prescribed under section 408 of the
federal Food, Drug, and Cosmetic Act and that raw agricultural commodity has been subjected
to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of the
pesticide chemical remaining in or on the processed feed is not unsafe if the residue in or on the
raw agricultural commodity has been removed to the extent possible in good manufacturing
practice and the concentration of the residue in the processed feed is not greater than the tolerance
prescribed for the raw agricultural commodity unless the feeding of the processed feed will result
or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe
within the meaning of section 408(a) of the federal Food, Drug, and Cosmetic Act;
(5) it is, or it bears or contains any color additive which is unsafe within the meaning of
section 706 of the federal Food, Drug, and Cosmetic Act;
(6) it is, or it bears or contains, any new animal drug which is unsafe within the meaning
of section 512 of the federal Food, Drug, and Cosmetic Act;
(7) it consists, in whole or in part, of any filthy, putrid, or decomposed substance, or is
otherwise unfit for feed;
(8) it has been prepared, packed, or held under unsanitary conditions whereby it may have
become contaminated with filth or may have been rendered injurious to health;
(9) it is, in whole or in part, the product of a diseased animal or of an animal which has died
otherwise than by slaughter which is unsafe within the meaning of section 402(a)(1) or (2) of
the federal Food, Drug, and Cosmetic Act;
(10) its container is composed, in whole or in part, of any poisonous or deleterious substance
which may render the contents injurious to health; or
(11) it has been intentionally subjected to radiation, unless the use of the radiation was
in conformity with a regulation or exemption in effect under section 409 of the federal Food,
Drug, and Cosmetic Act.
(b) A commercial feed is adulterated if:
(1) any valuable constituent has been in whole or in part omitted or abstracted from it or any
less valuable substance substituted for a constituent;
(2) its composition or quality falls below or differs from that which it is purported or is
represented to possess by its labeling;
(3) it contains a drug and the methods used in or the facilities or controls used for its
manufacture, processing, or packaging do not conform to current good manufacturing practice
rules promulgated by the commissioner to assure that the drug meets the safety requirements
of sections 25.31 to 25.43 and has the identity and strength and meets the quality and purity
characteristics which it purports or is represented to possess. In adopting rules under this clause,
the commissioner shall adopt the current good manufacturing practice rules for medicated feed
premixes and for medicated feeds established under authority of the federal Food, Drug, and
Cosmetic Act, unless the commissioner determines that they are not appropriate to the conditions
which exist in this state; or
(4) it contains viable weed seeds in amounts exceeding limits established by the
commissioner by rule.
History: 1971 c 433 s 7; 1985 c 248 s 70; 1986 c 444; 1997 c 216 s 49
25.38 PROHIBITED ACTS.
The following acts and causing the following acts in Minnesota are prohibited:
(1) manufacture or distribution of any commercial feed that is adulterated or misbranded;
(2) adulteration or misbranding of any commercial feed;
(3) distribution of agricultural commodities such as whole seed, hay, straw, stover, silage,
cobs, husks, and hulls, which are adulterated within the meaning of section 25.37, paragraph (a);
(4) removal or disposal of a commercial feed in violation of an order under section 25.42;
(5) failure or refusal to obtain a commercial feed license under section 25.341 or to provide a
small package listing under section 25.39; or
(6) failure to pay inspection fees or file reports as required by section 25.39.
History: 1971 c 433 s 8; 1997 c 216 s 50
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
25.40 RULES.
    Subdivision 1. Adoption. The commissioner may adopt rules for commercial feeds, pet
foods, and specialty pet foods as are authorized in sections 25.31 to 25.43 and such other
reasonable rules as may be necessary for the efficient enforcement of sections 25.31 to 25.43.
In the interest of uniformity the commissioner shall by rule adopt, unless the commissioner
determines that they are inconsistent with the provisions of sections 25.31 to 25.43 or are not
appropriate to conditions which exist in this state, the following:
(a) the official definitions of feed ingredients and official feed terms adopted by the
Association of American Feed Control Officials and published in the official publication of
that organization; and
(b) any rule promulgated pursuant to the authority of the federal Food, Drug, and Cosmetic
Act, provided, that the commissioner would have the authority under sections 25.31 to 25.43 to
adopt the rules.
    Subd. 2. Notice; public comment. Before the issuance, amendment, or repeal of any
rule authorized by sections 25.31 to 25.43, the commissioner shall publish the proposed rule,
amendment, or notice to repeal an existing rule in a manner reasonably calculated to give
interested parties, including all current license holders, adequate notice and shall afford all
interested persons an opportunity to present their views orally or in writing, within a reasonable
period of time. After consideration of all views presented by interested persons, the commissioner
shall take appropriate action to issue the proposed rule or to amend or repeal an existing rule. The
provisions of this subdivision notwithstanding, if the commissioner, pursuant to the authority of
sections 25.31 to 25.43, adopts the official definitions of feed ingredients or official feed terms
as adopted by the Association of American Feed Control Officials, or regulations promulgated
pursuant to the authority of the federal Food, Drug, and Cosmetic Act, any amendment or
modification adopted by said association or by the secretary of health, education and welfare in
the case of regulations promulgated pursuant to the federal Food, Drug, and Cosmetic Act, shall
be adopted automatically under sections 25.31 to 25.43 without regard to the publication of the
notice required by this subdivision unless the commissioner, by order specifically determines that
said amendment or modification shall not be adopted.
History: 1971 c 433 s 10; 1980 c 509 s 11; 1985 c 248 s 70; 1986 c 444; 1997 c 7 art 1
s 10; 2006 c 203 s 4
25.41 INSPECTION, SAMPLING, AND ANALYSIS.
    Subdivision 1. Authorization; limitation. For the purpose of enforcement of sections 25.31
to 25.43, and associated rules, in order to determine whether the provisions have been complied
with, including whether or not any operations may be subject to such provisions, officers or
employees duly designated by the commissioner, upon presenting appropriate credentials, and a
written notice to the owner, operator, or agent in charge, are authorized:
(1) to enter, during normal business hours, any factory, warehouse, or establishment within
the state in which commercial feeds are manufactured, processed, packed, or held for distribution,
or to enter any vehicle being used to transport or hold such feeds; and
(2) to inspect at reasonable times, within reasonable limits, and in a reasonable manner, such
factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished
materials, containers, and labeling therein. The inspection may include the verification of records
and production and control procedures related to the manufacture, distribution, storage, handling,
or disposal of commercial feed as may be necessary to determine compliance with this chapter.
    Subd. 2. Notification; promptness. A separate notice shall be given for each inspection, but a
notice shall not be required for each entry made during the period covered by the inspection. Each
inspection shall be commenced and completed with reasonable promptness. Upon completion of
the inspection, the owner, operator, or agent in charge of the facility or vehicle shall be so notified.
    Subd. 3. Receipt for samples. If the officer or employee making such inspection of a factory,
warehouse, or other establishment has obtained a sample in the course of the inspection, upon
completion of the inspection and prior to leaving the premises the officer or employee shall give
to the owner, operator, or agent in charge a receipt describing the samples obtained.
    Subd. 4. Refusal to admit inspector. If the owner, operator, or agent in charge of any
factory, warehouse, or establishment described in subdivision 1 refuses to admit the commissioner
or the commissioner's agent to inspect in accordance with subdivisions 1 and 2, the commissioner
is authorized to obtain from the district court of the county in which the premises are located a
warrant directing the owner, operator, or agent in charge to submit the premises described in
the warrant to inspection.
    Subd. 5. Entry of premises. For the purpose of the enforcement of sections 25.31 to
25.43, the commissioner or the commissioner's duly designated agent is authorized to enter
upon any public or private premises including any vehicle of transport during regular business
hours to have access to, and to obtain samples, and to examine records relating to distribution
of commercial feeds.
    Subd. 6. Methods. Sampling and analysis must be conducted in accordance with methods
published by the AOAC International or other generally recognized methods.
    Subd. 7. Notice of analysis. The results of all analyses of official samples shall be forwarded
by the commissioner to the person named on the label and to the purchaser. When the inspection
and analysis of an official sample indicated a commercial feed has been adulterated or misbranded
and upon request within 30 days following receipt of the analysis the commissioner shall furnish
to the license holder a portion of the sample concerned.
    Subd. 7a. Manufacturer's report of investigation. If the inspection and analysis of an
official sample indicates that a commercial feed has been adulterated or misbranded, the person
whose name appears on the label of the indicated commercial feed as guarantor shall provide a
manufacturer's report of investigation to the commissioner within 30 days following the receipt of
the official analysis.
    Subd. 8. Use of official sample. The commissioner, in determining for administrative
purposes whether a commercial feed is deficient in any component, shall be guided by the official
sample as defined in section 25.33, subdivision 17 and obtained and analyzed as provided for
in subdivisions 3, 5, and 6.
History: 1971 c 433 s 11; 1980 c 509 s 12,13; 1985 c 248 s 70; 1986 c 444; 1997 c 7
art 1 s 10; 1997 c 216 s 52; 2006 c 203 s 5-9
25.42 DETAINED COMMERCIAL FEEDS.
    Subdivision 1. Withdrawal from distribution order. When the commissioner or the
commissioner's authorized agent has reasonable cause to believe any lot of commercial feed is
being distributed in violation of any of the provisions of sections 25.31 to 25.43 or of any of the
prescribed rules under sections 25.31 to 25.43, the commissioner or agent may issue and enforce a
written or printed "withdrawal from distribution" order, warning the distributor not to dispose of
the lot of commercial feed in any manner until written permission is given by the commissioner
or the court. The commissioner shall release the lot of commercial feed so withdrawn when
said provisions and rules have been complied with. If compliance is not obtained within 30
days, the commissioner may begin, or upon request of the distributor or license holder shall
begin, proceedings for condemnation.
    Subd. 2. Seizure; disposition. Any lot of commercial feed not in compliance with said
provisions and rules shall be subject to seizure on complaint of the commissioner to the district
court of the county in which said commercial feed is located. In the event the court finds the
commercial feed to be in violation of sections 25.31 to 25.43 and orders the condemnation of
said commercial feed, it shall be disposed of in any manner consistent with the quality of the
commercial feed and the laws of the state; provided, that in no instance, shall the disposition of
said commercial feed be ordered by the court without first giving the claimant an opportunity to
apply to the court for release of said commercial feed or for permission to process or relabel said
commercial feed to bring it into compliance with sections 25.31 to 25.43.
History: 1971 c 433 s 12; 1980 c 509 s 14; 1985 c 248 s 70; 1986 c 444; 1997 c 7 art 1 s
10; 2006 c 203 s 10
25.43 PENALTIES.
    Subdivision 1. Misdemeanor. Any person convicted of violating any of the provisions of
sections 25.31 to 25.43 or who shall impede, hinder, or otherwise prevent, or attempt to prevent,
said commissioner or duly authorized agent in performance of a duty in connection with the
provisions of sections 25.31 to 25.43, shall be guilty of a misdemeanor.
    Subd. 2. Minor violations. Nothing in sections 25.31 to 25.43 shall be construed as requiring
the commissioner or the commissioner's representative to: (1) report for prosecution, or (2)
institute seizure proceedings, or (3) issue a withdrawal from distribution order, as a result of minor
violations of sections 25.31 to 25.43, or when the commissioner or representative believes the
public interest will best be served by suitable notice of warning in writing.
    Subd. 3. County attorney duties. Each county attorney to whom any violation is reported
shall cause appropriate proceedings to be instituted and prosecuted in the district court or other
court of competent jurisdiction without delay. Before the commissioner reports a violation for such
prosecution, an opportunity shall be given the distributor to present views to the commissioner.
    Subd. 4. Injunction. The commissioner may apply to the district court for a temporary or
permanent injunction restraining any person from violating or continuing to violate any of the
provisions of sections 25.31 to 25.43 or any rule promulgated under the act notwithstanding the
existence of other remedies at law.
    Subd. 5. Appeal. Any person adversely affected by an act, order, or ruling made pursuant to
the provisions of sections 25.31 to 25.43 may seek judicial review in accordance with chapter 14.
History: 1971 c 433 s 13; 1980 c 509 s 15; 1982 c 424 s 130; 1983 c 247 s 17; 1985 c 248 s
70; 1986 c 444; 1997 c 7 art 1 s 10
25.44 [Repealed, 1996 c 310 s 1]
25.45 [Repealed, 1975 c 227 s 10]
25.46 [Repealed, 1996 c 310 s 1]
25.47 [Repealed, 1Sp2001 c 2 s 162]