2007 Minnesota Statutes

CHAPTER 30. POTATOES, WILD RICE, APPLES

30.001 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 13

ENFORCEMENT

30.002 ENFORCEMENT.
It shall be the duty of the commissioner to enforce the provisions of this chapter.
History: (3945-11, 3945-18, 3945-18i, 3945-22) 1931 c 70 s 11; 1933 c 420 s 2; Ex1934 c
41 s 4; 1935 c 164 s 8; 1937 c 282 s 5

POTATO GRADING, LABELING,

AND INSPECTION

30.003 DECLARATION OF POLICY.
The intent and purpose of this section and sections 30.01 to 30.201 is to regulate the grade
and to improve the quality of potatoes offered for sale in Minnesota.
History: 1977 c 234 s 2

30.01 DEFINITIONS.
    Subdivision 1. Terms. Unless the language or context clearly indicates that a different
meaning is intended, the terms defined in subdivisions 2 and 6 shall, for the purposes of sections
30.099 to 30.201, have the meanings given to them.
    Subd. 2.[Repealed, 1996 c 310 s 1]
    Subd. 3.[Repealed, 1961 c 145 s 14]
    Subd. 4.[Renumbered 30.099]
    Subd. 5.[Renumbered 30.159]
    Subd. 6. Container or package. "Container" or "package" means cloth, burlap, or fiber
sacks, barrels, boxes, crates, cartons, hampers, or baskets, or any container which is either sewed,
tied, nailed, or otherwise secured.
    Subd. 7.[Repealed, 1961 c 145 s 14]
    Subd. 8.[Repealed, 1961 c 145 s 14]
History: (3945-13) 1935 c 164 s 2; 1961 c 145 s 1,4; 1969 c 782 s 1; 1969 c 828 s 1

30.02 [Repealed, 1961 c 145 s 14]

30.03 [Repealed, 1961 c 145 s 14]

30.04 [Renumbered 30.121]

30.05 [Repealed, 1961 c 145 s 14]

30.06 [Renumbered 30.151]

30.07 [Repealed, 1961 c 145 s 14]

30.08 [Renumbered 30.152]

30.09 [Repealed, 1961 c 145 s 14]

30.099 DEFINITION OF POTATOES.
For the purposes of this chapter, "potatoes" means all varieties of the tuber (solanum
tuberosum L.) commonly known as Irish potatoes offered for sale within the state of Minnesota.
History: (3945-13) 1935 c 164 s 2; 1961 c 145 s 2; 1969 c 782 s 2; 1969 c 828 s 2

30.10 POTATO GRADES.
All potatoes sold or offered for sale at retail in a closed container must be graded and clearly
labeled according to grades as established by section 30.102. This shall not apply to potatoes
grown by a producer and sold by the producer directly to the consumer.
History: (3945-12) 1935 c 164 s 1; 1961 c 145 s 7; 1969 c 828 s 3; 1977 c 234 s 3

30.101 [Repealed, 1977 c 20 s 1]

30.102 STANDARD GRADES.
The commissioner shall establish by rule standard grades for potatoes offered for sale in
Minnesota. The standard grades shall conform insofar as practical to the latest generally accepted
grades in use throughout the United States, except that additional consumer grades may be
established if deemed necessary.
History: 1977 c 234 s 4

30.103 SEED POTATOES EXEMPT.
Seed potatoes inspected and certified under authority of the commissioner are not affected by
the provisions of sections 27.07 and 30.01 to 30.201, but shall be inspected, certified and tagged
as required under sections 21.111 to 21.122.
History: 1977 c 234 s 5

30.104 SALE OF ARTIFICIALLY COLORED POTATOES PROHIBITED.
No person, firm, corporation or officer, employee or agent thereof shall sell at retail to
a consumer any potato which is artificially colored. The commissioner shall by rule prescribe
the meaning of "artificially colored."
History: 1977 c 234 s 6; 1985 c 248 s 70

30.11 [Repealed, 1969 c 828 s 7]

30.12 [Repealed, 1969 c 828 s 7]

30.121 [Repealed, 1977 c 234 s 9]

30.13 [Repealed, 1977 c 234 s 9]

30.14 [Repealed, 1977 c 234 s 9]

30.15 ACCESS FOR INSPECTION.
The commissioner shall at all times have access to all buildings, yards, warehouses, storage
and transportation facilities in which potatoes are kept, stored, handled, or transported, to inspect
the same as to grade, quality, condition, and packs, tagging, branding, and labeling.
History: (3945-18) 1935 c 164 s 8

30.151 FREEDOM OF CONTRACT NOT IMPAIRED.
Nothing in sections 30.10 to 30.15 shall be construed in any manner to impair the freedom
of contract between individuals relative to the sale and disposal of potatoes between the owners
thereof and the persons purchasing the same. When any seller or buyer of potatoes shall, by a
contract in writing, agree to sell and dispose of to any person potatoes in any lots or quantities of
the grades and varieties specified herein, or of any other grade and variety or quality concerning
which the persons desire to contract, the seller or buyer shall have the legal right to do so and shall
be bound by the terms of such contract so entered into, and in case any seller attempts to tender in
fulfillment of any such contract potatoes of a lower standard or quality than those specified in
such a contract the purchaser of the same shall have the legal right to either reject or accept them
upon a tolerance basis commensurate in value between the market price of the grade and quality
contracted for and the grade and quality of the potatoes tendered in delivery thereon.
History: (3945-6) 1931 c 70 s 6; 1961 c 145 s 6; 1986 c 444

30.152 NOT TO PAY INSPECTORS.
No person shall, directly or indirectly, hire or pay the compensation of any state inspector to
determine the grade or quality of potatoes offered or exposed for sale in the state, other than the
state of Minnesota, whose duly constituted officers shall, in due form and in accordance with law,
issue commissions to inspectors duly authorizing and empowering them to act as such.
Nothing herein shall prevent any person paying the proper inspection fees, duly established,
to the proper persons duly authorized to receive the same, but the payment or allowance of any
gratuity, commission, or allowance in addition thereto shall constitute the crime of bribery and
shall be punished by law as such.
History: (3945-8) (3945-17a) 1931 c 70 s 8; 1935 c 164 s 7; 1969 c 782 s 3

30.159 [Repealed, 1969 c 782 s 6; 1969 c 828 s 7]

30.16 POTATOES MAY BE INSPECTED.
All potatoes shipped by any person may be inspected by an authorized federal-state inspector
to determine the grade, quality, and condition of such shipment. All fees shall be assessed against
the inspection certificate applicant and shall be collected by the commissioner from the firm or
individual against whom the fee is assessed. An application for inspection service shall be denied
if the applicant has not paid all fees for prior inspection service assessed against the applicant, the
initial billings for which were deposited in the mail addressed to the applicant more than 30 days
before the application in question.
History: (3945-18e) 1937 c 282 s 1; 1941 c 292 s 1; 1957 c 379 s 1; 1963 c 96 s 1; 1967 c
564 s 1; 1971 c 94 s 1; 1986 c 444

30.161 CERTIFICATE OF INSPECTOR.
In determining controversies and standards between the parties, including but not limited to
growers, as to the quality and condition of potatoes offered for sale or tendered in performance of
contracts for sale in this state, the certificates of a fully authorized and commissioned inspector
of the commissioner shall be prima facie evidence both of the grade and quality of the potatoes
offered for sale or tendered in performance of any such contract.
History: 1977 c 234 s 7

30.17 PLACE OF INSPECTION.
The commissioner shall designate points at which lots of potatoes may be inspected. If
inspection service is requested at other points, mileage costs at the regular rates paid by the state
for private car driving may be charged and added to the inspection fee.
History: (3945-18f) 1937 c 282 s 2; 1961 c 145 s 11; 1967 c 564 s 2; 1971 c 94 s 2

30.18 [Repealed, 1961 c 145 s 14]

30.19 RULES.
The commissioner shall promulgate in the manner provided by law and rules establishing
Minnesota consumer grades for potatoes, appropriate labeling therefor, and such other rules as
may be necessary for the enforcement of this chapter.
History: (3945-18h) 1937 c 282 s 4; 1961 c 145 s 12; 1969 c 828 s 4; 1985 c 248 s 70

30.20 FEES.
Fees for inspection shall be determined by the commissioner as provided in section 27.07.
History: (3945-18j) 1937 c 282 s 6; 1975 c 204 s 72; 1977 c 234 s 8

30.201 PENALTIES.
Any person violating any of the provisions of this chapter, or any rules made thereunder,
shall be guilty of a misdemeanor.
History: (3945-10) 1931 c 70 s 9; Ex1934 c 41 s 3; 1961 c 145 s 13; 1969 c 828 s 5; 1985
c 248 s 70

30.21 [Renumbered 30.50]

30.22 [Renumbered 30.51]

30.23 [Renumbered 30.002]

30.24    Subdivision 1.[Renumbered 30.201]
    Subd. 2.[Repealed, 1961 c 145 s 14]
    Subd. 3.[Repealed, 1961 c 145 s 14]

30.31 [Repealed, 1967 c 417 s 18]

30.32 [Repealed, 1967 c 417 s 18]

30.33 [Repealed, 1967 c 417 s 18]

30.34 [Repealed, 1967 c 417 s 18]

30.35 [Repealed, 1967 c 417 s 18]

30.36 [Repealed, 1967 c 417 s 18]

30.37 [Repealed, 1967 c 417 s 18]

30.38 [Repealed, 1967 c 417 s 18]

30.39 [Repealed, 1967 c 417 s 18]

30.40 [Repealed, 1967 c 417 s 18]

30.41 [Repealed, 1967 c 417 s 18]

30.42 [Repealed, 1967 c 417 s 18]

30.43 [Repealed, 1967 c 417 s 18]

30.44 [Repealed, 1967 c 417 s 18]

30.45 [Repealed, 1967 c 417 s 18]

30.46 [Repealed, 1967 c 417 s 18]

30.461 [Repealed, 1982 c 582 s 14]

30.462 [Repealed, 1982 c 582 s 14]

30.463 [Repealed, 1982 c 582 s 14]

30.464    Subdivision 1.[Repealed, 1982 c 582 s 14]
    Subd. 2.[Repealed, 1982 c 582 s 14]
    Subd. 3.[Repealed, 1982 c 582 s 14]
    Subd. 4.[Repealed, 1971 c 534 s 11]

30.465 [Repealed, 1982 c 582 s 14]

30.466 [Repealed, 1982 c 582 s 14]

30.467 [Repealed, 1982 c 582 s 14]

30.468 [Repealed, 1982 c 582 s 14]

30.469 [Repealed, 1982 c 582 s 14]

30.47 [Repealed, 1982 c 582 s 14]

30.471 [Repealed, 1971 c 534 s 11]

30.472 [Repealed, 1982 c 582 s 14]

30.473 [Repealed, 1982 c 582 s 14]

30.474 [Repealed, 1982 c 582 s 14]

30.475 [Repealed, 1982 c 582 s 14]

30.476 [Repealed, 1982 c 582 s 14]

30.477 [Repealed, 1982 c 582 s 14]

30.478 [Repealed, 1977 c 234 s 9]

30.479 [Repealed, 1982 c 582 s 14]

PADDY GROWN WILD RICE

30.49 WILD RICE LABELING.
    Subdivision 1. Cultivated wild rice. Wild rice containing a portion of wild rice that is
cultivated and offered for wholesale or retail sale in this state must be plainly and conspicuously
labeled as either "paddy" or as "cultivated" in letters of a size and form prescribed by the
commissioner.
    Subd. 2. Natural lake or river wild rice. (a)(i) A package containing only 100 percent
natural lake or river wild rice that is offered for sale at wholesale or retail sale in this state must be
plainly and conspicuously labeled as "100 percent naturally grown, lake and river wild rice" in
letters of a size and form prescribed by the commissioner. A package of wild rice labeled "100
percent naturally grown, lake and river wild rice" must also contain the license number issued
under section 84.152 of the last licensed dealer, if any, who handled the wild rice.
(ii) A package containing only 100 percent natural lake or river wild rice that contains
a portion of wild rice grown in Canada and offered for wholesale or retail sale in Minnesota
must be plainly and conspicuously labeled as "Canadian" wild rice in letters of a size and form
prescribed by the commissioner.
(b) A package that does not contain 100 percent natural lake or river wild rice may not
contain a label authorized under paragraph (a).
(c) A package containing a portion of 100 percent naturally grown lake and river wild
rice that is harvested by use of mechanical harvesting devices and that is offered for sale at
wholesale or retail in this state must be plainly and conspicuously labeled as "machine harvested"
in letters of a size and form prescribed by the commissioner. In addition, the letters "machine
harvested" must be placed near the product's identity on the label. Packages containing 100
percent hand-harvested wild rice may be labeled as "hand harvested."
    Subd. 2a. Place of origin. A package of cultivated or natural lake or river wild rice offered
for sale at wholesale or retail in this state must specify the place of origin of the wild rice by a
plain and conspicuous label placed near the product's identity on the label in letters of a size and
form prescribed by the commissioner. Only packages containing cultivated or natural lake or river
wild rice that is 100 percent grown in Minnesota may be labeled as "grown in Minnesota."
    Subd. 3. Records. (a) A person who buys, sells, processes, or markets over 500 pounds of
cultivated or natural lake or river wild rice not for use in packaged blended rice and ready-to-eat
rice must maintain the following records for a period of three years. A person who buys or sells,
processes, or markets cultivated or natural lake or river wild rice not for use in packaged blended
rice and ready-to-eat rice shall provide the department, on demand, relevant information from the
records required under this section.
(b) Except for persons who sell or offer cultivated or natural lake or river wild rice for sale
at retail, the records must contain:
(1) the date of each transaction;
(2) the quantity of wild rice bought or sold;
(3) an identification of whether the wild rice is cultivated or paddy grown, or, whether it is
naturally grown lake and river wild rice and whether it is machine harvested or hand harvested;
(4) an identification of the place of origin of the wild rice;
(5) the names and addresses of the parties of the transaction and the Department of Natural
Resources license or permit numbers;
(6) the lot numbers of all the wild rice bought or sold in each transaction; and
(7) documents that track the rice, by lot number, through processing and the assignment of a
final lot number on the finished product offered for distribution or sale in Minnesota.
(c) The records for persons who sell or offer wild rice for sale at retail must include an
invoice indicating:
(1) the actual name of the product;
(2) the amount purchased;
(3) the date of the purchase; and
(4) the name, address, zip code, and telephone number of the supplier.
    Subd. 4. Fair packaging and labeling. Natural lake and river-harvested wild rice from
public waters and cultivated or paddy grown wild rice are separate and distinct ingredients under
the fair packaging and labeling provisions of section 31.103.
    Subd. 4a. Bulk sales. For purposes of this section, the bulk food product module labeling
requirements contained in section 31.82 for cultivated or natural lake or river wild rice offered for
sale at retail in bulk include the place of origin of the wild rice, and, if the wild rice is 100 percent
natural lake or river wild rice and is machine harvested, the letters "machine harvested." The
place of origin must be placed near the product's identity in letters of a size and form prescribed
by the commissioner. The letters "machine harvested" must be placed near the product's identity
in letters of a size and form prescribed by the commissioner.
    Subd. 5. Misbranding relating to Indian harvested or processed wild rice. A wild rice
label that implies the wild rice is harvested or processed by Indians is misbranded unless the
package contains only 100 percent natural lake or river wild rice harvested by Indians.
    Subd. 5a. Misbranding relating to wild rice grown in Minnesota. A wild rice label that
implies the wild rice is grown within the boundaries of the state of Minnesota is misbranded
unless the package contains only 100 percent wild rice grown in Minnesota.
    Subd. 6. Packaged blended rice and certain ready-to-eat rice. A package containing a
blend of wild rice and at least 40 percent other grains or food products, and ready-to-eat wild
rice that is consumed or packaged on the retail premises, are exempt from this section, except
subdivisions 3, 5, and 7.
    Subd. 7. Penalty. Any person who sells wild rice at wholesale or retail which is not labeled
as required by this section is guilty of a misdemeanor.
    Subd. 8. Exception. This section does not apply to cultivated or natural lake or river wild
rice sold at wholesale or retail outside this state.
History: 1981 c 249 s 1; 1989 c 350 art 19 s 1; 1992 c 521 s 1-7; 1994 c 563 s 1; 2003
c 107 s 1

30.50 [Repealed, 1Sp2001 c 2 s 162]

30.51 [Repealed, 1Sp2001 c 2 s 162]

APPLES

30.55 APPLES, STANDARD GRADES.
The commissioner shall by rule establish official standards for grading and classifying all
apples offered for sale in Minnesota.
History: 1941 c 371 s 1; 1953 c 94 s 1; 1955 c 435 s 1

30.56 APPLES, PACKAGES PLAINLY MARKED.
All apples offered for retail sale and each closed package of apples offered or exposed or
packed for retail sale shall be conspicuously marked with a label bearing the name and address of
the grower or packer, the name of the variety, the minimum size and the grade, except that when
apples are sold at retail from open bins, open containers, or in bags, each bin or display of such
containers or bags shall be marked with a label bearing the name of the variety and the grade. All
apples which fail to meet the requirements of any of the established Minnesota grades shall be
plainly and conspicuously marked with a label bearing the word "utility" in letters of a size and
form to be prescribed by the commissioner.
History: 1941 c 371 s 2; 1955 c 435 s 2

30.57 ENFORCEMENT.
The commissioner shall be charged with the enforcement of the provisions of sections 30.55
to 30.57 and for that purpose has the power:
(1) To enter and inspect personally, or through any authorized representative, any place
within the state where apples are sold, offered or exposed or packed for sale, and to inspect such
places and all apples and apple containers found in any such place.
(2) To make, publish, and enforce such uniform rules as are necessary for carrying out the
provisions of sections 30.55 to 30.57.
History: 1941 c 371 s 3; 1955 c 435 s 3; 1985 c 248 s 70

30.58 APPLICATION.
Sections 30.55 to 30.57 shall not apply to any grower or producer selling less than 25
bushels of apples in any year.
History: 1941 c 371 s 5; 1955 c 435 s 4

30.59 PENALTY.
Any person violating any of the provisions of sections 30.55 to 30.58 shall be guilty of
a misdemeanor. In addition, any apples found to be offered or exposed or packed for sale in
violation of these sections may be ordered temporarily withdrawn from sale by the commissioner
pending either (1) informal adjustment according to law between the commissioner, or the
commissioner's duly authorized representative, and the person in charge of the apples in question,
or (2) by the filing of a formal complaint, without undue delay, with the attorney general or
prosecuting attorney.
History: 1941 c 371 s 6; 1986 c 444