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Minnesota Legislature

Office of the Revisor of Statutes

18G.10 EXPORT CERTIFICATION, INSPECTIONS, CERTIFICATES, PERMITS, AND
FEES.
    Subdivision 1. Purpose. To ensure continued access to foreign and domestic markets, the
commissioner shall provide inspection and certification services to ensure that appropriate
phytosanitary restrictions or requirements are fully met.
    Subd. 2. Disposition and use of money received. All fees and penalties collected under
this chapter and interest attributable to the money in the account must be deposited in the state
treasury and credited to the nursery and phytosanitary account in the agricultural fund. Money in
the account, including interest earned, is appropriated to the commissioner for the administration
and enforcement of this chapter.
    Subd. 3. Cooperative agreements. The commissioner may enter into cooperative
agreements with federal and state agencies for administration of the export certification program.
An exporter of plants or plant products desiring to originate shipments from Minnesota to
a foreign country requiring a phytosanitary certificate or export certificate must submit an
application to the commissioner.
    Subd. 4. Phytosanitary and export certificates. Application for phytosanitary certificates
or export certificates must be made on forms provided or approved by the commissioner. The
commissioner shall conduct inspections of plants, plant products, or facilities for persons that
have applied for or intend to apply for a phytosanitary certificate or export certificate from the
commissioner. Inspections must include one or more of the following as requested or required:
(1) an inspection of the plants or plant products intended for export under a phytosanitary
certificate or export certificate;
(2) field inspections of growing plants to determine presence or absence of plant diseases, if
necessary;
(3) laboratory diagnosis for presence or absence of plant diseases, if necessary;
(4) observation and evaluation of procedures and facilities utilized in handling plants and
plant products, if necessary; and
(5) review of United States Department of Agriculture, Federal Grain Inspection Service
Official Export Grain Inspection Certificate logs.
The commissioner may issue a phytosanitary certificate or export certificate if the plants
or plant products satisfactorily meet the requirements of the importing foreign country and the
United States Department of Agriculture requirements. The requirements of the destination
countries must be met by the applicant.
    Subd. 5. Certificate fees. (a) The commissioner shall assess the fees in paragraphs (b) to (f)
for the inspection, service, and work performed in carrying out the issuance of a phytosanitary
certificate or export certificate. The inspection fee must be based on mileage and inspection time.
(b) Mileage charge: current United States Internal Revenue Service mileage rate.
(c) Inspection time: $50 per hour minimum or fee necessary to cover department costs.
Inspection time includes the driving time to and from the location in addition to the time spent
conducting the inspection.
(d) If laboratory analysis or other technical analysis is required to issue a certificate, the
commissioner must set and collect the fee to recover this additional cost.
(e) Certificate fee for product value greater than $250: $75 for each phytosanitary or export
certificate issued for any single shipment valued at more than $250 in addition to any mileage
or inspection time charges that are assessed.
(f) Certificate fee for product value less than $250: $25 for each phytosanitary or export
certificate issued for any single shipment valued at less than $250 in addition to any mileage
or inspection time charges that are assessed.
(g) For services provided for in subdivision 7 that are goods and services provided for the
direct and primary use of a private individual, business, or other entity, the commissioner must set
and collect the fees to cover the cost of the services provided.
    Subd. 6. Certificate denial or cancellation. The commissioner may deny or cancel the
issuance of a phytosanitary or export certificate for any of the following reasons:
(1) failure of the plants or plant products to meet quarantine, regulations, and requirements
imposed by the country for which the phytosanitary or export certificate is being requested;
(2) failure to completely or accurately provide the information requested on the application
form;
(3) failure to ship the exact plants or plant products which were inspected and approved; or
(4) failure to pay any fees or costs due the commissioner.
    Subd. 7. Supplemental, additional, or other certificates and permits. (a) The
commissioner may provide inspection, sampling, or certification services to ensure that Minnesota
plant products or commodities meet import requirements of other states or countries.
(b) The state plant regulatory official may issue permits and certificates verifying that
various Minnesota agricultural products or commodities meet specified plant health requirements,
treatment requirements, or pest absence assurances based on determinations by the commissioner.
History: 2003 c 128 art 4 s 9; 1Sp2005 c 1 art 1 s 29,30