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18C.541 LICENSE.
    Subdivision 1. License to sell. Before a person may sell, offer for sale, or dispose of in this
state agricultural liming material to be used for the correction of soil acidity or soil fertility, the
distributor and producer must obtain a license by filing with the commissioner an acceptable
application for a license to sell, together with the license fee, on or before January 1 of each year.
The application must state the name of the producer or distributor, the location of the principal
office of the producer or distributor, the number and location of each source of production
covered by the license, and the name, brand, or trademark under which the agricultural liming
material will be sold.
    Subd. 2. Effective dates. A license is effective until January 1 following the date of its
issuance or approval. A license may not be transferred from one person to another.
    Subd. 3. License posting. The license must be posted in a conspicuous place in each location
where agricultural liming materials are sold.
    Subd. 4. Substantiation of claims. The commissioner may require a person applying
for a license to sell or produce an agricultural liming material for use in this state to submit
authentic experimental evidence or university research data to substantiate the claims made for
the product. As evidence to substantiate claims, the commissioner may rely on experimental data,
evaluations, or advice furnished by experts at the University of Minnesota and may accept or
reject additional sources of evidence in evaluating the agricultural liming material. In all cases,
the experimental evidence must relate to conditions in this state for which use of the product is
intended. The commissioner may also require evidence of value of the product when used as
directed or recommended.
    Subd. 5. Insufficient evidence. If the commissioner determines that the evidence submitted
under subdivision 4 does not substantiate the product's usefulness in this state, the commissioner
may require the applicant to submit samples, conduct tests, or submit additional information,
including conditions affecting performance, to evaluate its performance and usefulness.
    Subd. 6. Industrial by-product without charge exempt. Industrial by-product lime
material that is transferred between parties without compensation, except for a fair and reasonable
transportation charge, is exempt from fees for licensing and inspection.
History: 1990 c 561 s 4

Official Publication of the State of Minnesota
Revisor of Statutes