CHAPTER 17. DEPARTMENT OF AGRICULTURE
Table of Sections
|17.01||CREATION OF DEPARTMENT; COMMISSIONER; DEPUTY.|
|17.013||DELEGATIONS OF POWERS TO DEPUTY COMMISSIONER.|
|17.02||Repealed, 1961 c 128 s 20|
|17.03||POWERS AND DUTIES OF COMMISSIONER.|
|17.031||Repealed, 1983 c 300 s 28|
|17.032||Repealed, 1983 c 300 s 28|
EXEMPTION OF LICENSEES FROM LOCAL REGULATION
|17.037||ENFORCEMENT OF LAWS BY COMMISSIONER.|
|17.038||STATISTICAL SERVICES ACCOUNT.|
|17.039||ETHICAL GUIDELINES FOR FARM ADVOCATES.|
|17.04||ENFORCEMENT OF FOOD LAWS.|
|17.042||Repealed, 1Sp2001 c 2 s 162|
|17.045||FOOD PROCESSORS; INVESTIGATION OF COMPLAINTS.|
|17.05||Repealed, 1955 c 92 s 3|
|17.06||Repealed, 1Sp2001 c 2 s 162|
|17.07||Repealed, 1Sp2001 c 2 s 162|
|17.08||Repealed, 1961 c 128 s 20|
|17.09||Renumbered 17.03, subd 4
|17.10||Repealed, 2006 c 265 s 6|
|17.102||MINNESOTA GROWN LABEL.|
|17.1025||MINNESOTA CERTIFICATION PROGRAM.|
|17.106||Repealed, 1984 c 654 art 2 s 155|
|17.107||FARM EQUIPMENT SAFETY AND MAINTENANCE PROGRAM FOR YOUTH.|
|17.108||Repealed, 1Sp2001 c 2 s 162|
|17.109||MINNESOTA GROWN MATCHING ACCOUNT.|
|17.11||Repealed, 1955 c 92 s 3|
|17.110||Repealed, 2003 c 128 art 3 s 47|
|17.115||SHARED SAVINGS LOAN PROGRAM.|
|17.116||SUSTAINABLE AGRICULTURE DEMONSTRATION GRANTS.|
|17.1161||SUSTAINABLE DEVELOPMENT OF MINNESOTA AGRICULTURE PROGRAM.|
AGRICULTURE BEST MANAGEMENT
PRACTICES LOAN PROGRAM
|17.117||AGRICULTURE BEST MANAGEMENT PRACTICES LOAN PROGRAM.|
|17.12||Repealed, 1955 c 92 s 3|
|17.13||Repealed, 1955 c 92 s 3|
FARM SOLID WASTE DISPOSAL
|17.135||FARM DISPOSAL OF SOLID WASTE.|
FEEDLOT AND MANURE
MANAGEMENT ADVISORY COMMITTEE
|17.136||FEEDLOT AND MANURE MANAGEMENT ADVISORY COMMITTEE.|
|17.138||MANURE MANAGEMENT RESEARCH AND MONITORING PRIORITIES; COORDINATION OF RESEARCH.|
|17.139||Repealed, 1Sp2001 c 2 s 162|
DISCRIMINATION IN THE PURCHASE
OF FARM PRODUCTS
|17.16||PRIMA FACIE EVIDENCE OF DISCRIMINATION.|
|17.17||COMPLAINTS; INVESTIGATIONS; PROSECUTIONS; FORFEITURES; INJUNCTIONS.|
|17.18||PROSECUTIONS INSTITUTED BY OTHERS.|
|17.20||Repealed, 1949 c 559 s 20|
|17.201||Repealed, 1971 c 638 s 20|
|17.202||Repealed, 1971 c 638 s 20|
|17.203||Repealed, 1971 c 638 s 20|
|17.204||Repealed, 1971 c 638 s 20|
|17.205||Repealed, 1971 c 638 s 20|
|17.206||Repealed, 1971 c 638 s 20|
|17.207||Repealed, 1971 c 638 s 20|
|17.208||Repealed, 1971 c 638 s 20|
|17.209||Repealed, 1971 c 638 s 20|
|17.21||Repealed, 1949 c 559 s 20|
|17.211||Repealed, 1971 c 638 s 20|
|17.212||Repealed, 1971 c 638 s 20|
|17.213||Repealed, 1971 c 638 s 20|
|17.214||Repealed, 1971 c 638 s 20|
|17.215||Repealed, 1971 c 638 s 20|
|17.216||Repealed, 1971 c 638 s 20|
|17.217||Repealed, 1971 c 638 s 20|
|17.218||Repealed, 1971 c 638 s 20|
|17.219||Repealed, 1971 c 638 s 20|
|17.22||Repealed, 1949 c 559 s 20|
|17.23||Repealed, 2003 c 128 art 7 s 1|
NATIVE GRASSES LOAN PROGRAM
|17.231||NATIVE GRASSES AND WILDFLOWER SEED PRODUCTION INCENTIVE LOAN PROGRAM.|
|17.26||Repealed, 1955 c 92 s 3|
|17.27||Repealed, 1955 c 92 s 3|
|17.34||Repealed, Ex1959 c 73 s 1|
|17.35||Repealed, 1985 c 44 s 5|
|17.352||AGRICULTURAL PRODUCTS AND PURSUITS.|
|17.353||FUR FARMER REGISTRATION.|
|17.37||Repealed, 1961 c 128 s 20|
CHEMICALLY TREATED GRAIN
|17.42||CHEMICALLY TREATED GRAIN, SALE.|
|17.44||SEIZURE OF CHEMICALLY TREATED GRAIN; RECONDITIONING.|
BEE INSPECTION FEES
|17.445||17.445 INSPECTIONS AND SERVICES; FEES.|
|17.45||Repealed, 1Sp2001 c 2 s 162|
|17.451||Repealed, 1Sp2005 c 1 art 1 s 98|
EURASIAN WILD PIGS
|17.49||AQUACULTURE PROGRAM AND PROMOTION.|
|17.491||AQUACULTURE IS AGRICULTURAL PURSUIT.|
|17.492||Repealed, 1991 c 309 s 17|
|17.494||AQUACULTURE PERMITS; RULES.|
|17.496||QUARANTINE FACILITY; RULES.|
|17.497||EXOTIC SPECIES IMPORTATION; RULES.|
|17.498||RULES; FINANCIAL ASSURANCE.|
|17.4981||GENERAL CONDITIONS FOR REGULATION OF AQUATIC FARMS.|
|17.4983||AQUATIC FARM OPERATIONS.|
|17.4984||AQUATIC FARM LICENSE.|
|17.4985||TRANSPORTATION OF AQUATIC LIFE.|
|17.4986||IMPORTATION OF AQUATIC LIFE.|
|17.4987||STOCKING PRIVATE AQUATIC LIFE.|
|17.4988||LICENSE AND INSPECTION FEES.|
|17.4995||RECEIPTS TO THE GAME AND FISH FUND.|
|17.4996||WHITE EARTH INDIAN RESERVATION.|
|17.4999||STORAGE, HANDLING, AND DISPOSAL OF FISH MANURE.|
|17.51||CITATION; AGRICULTURAL COMMODITIES PROMOTION ACT.|
|17.55||Repealed, 1982 c 582 s 14|
|17.56||COUNCIL TO FORMULATE AND SUBMIT PROMOTIONAL ORDER.|
|17.57||ADDITIONAL POWERS AND DUTIES OF COUNCIL.|
|17.58||POWERS AND DUTIES OF COMMISSIONER.|
|17.59||FEES TO DEFRAY EXPENSES.|
|17.60||COMPENSATION AND EXPENSES.|
|17.601||Repealed, 1982 c 582 s 14|
|17.63||REFUND OF FEES.|
|17.64||TERMINATION OF ORDER.|
|17.65||Repealed, 1982 c 582 s 14|
|17.67||PENALTY FOR VIOLATIONS.|
|17.68||Repealed, 1982 c 582 s 14|
|17.69||NONLIABILITY OF STATE.|
|17.692||DECLARATION OF POLICY.|
|17.695||MARKETING AND BARGAINING COMMITTEE.|
|17.696||UNFAIR PRACTICES OF HANDLERS AND ASSOCIATIONS.|
|17.697||INFORMATIONAL EXCHANGES; DISPUTE RESOLUTION.|
|17.698||FACTORS TO BE CONSIDERED IN MEDIATION AND ARBITRATION.|
|17.699||Repealed, 1998 c 373 s 20|
|17.702||NEGOTIATION CLASSES REQUIRED.|
|17.703||Repealed, 2001 c 161 s 58|
DISCLOSURE OF PRODUCTION CONTRACT TERMS
|17.710||AGRICULTURAL PRODUCTION CONTRACTS.|
|17.711||Repealed, 1989 c 326 art 6 s 34|
|17.712||Repealed, 1989 c 326 art 6 s 34|
|17.713||Repealed, 1989 c 326 art 6 s 34|
|17.714||Repealed, 1989 c 326 art 6 s 34|
|17.715||Repealed, 1989 c 326 art 6 s 34|
|17.7155||Repealed, 1989 c 326 art 6 s 34|
|17.716||Repealed, 1989 c 326 art 6 s 34|
|17.717||Repealed, 1989 c 326 art 6 s 34|
|17.718||Repealed, 1989 c 326 art 6 s 34|
|17.719||Repealed, 1989 c 326 art 6 s 34|
|17.72||Repealed, 1989 c 326 art 6 s 34|
|17.721||Repealed, 1989 c 326 art 6 s 34|
|17.722||Repealed, 1989 c 326 art 6 s 34|
|17.723||Repealed, 1989 c 326 art 6 s 34|
|17.724||Repealed, 1975 c 227 s 10|
|17.7241||Repealed, 1988 c 688 art 7 s 8; 1989 c 326 art 6 s 34|
|17.7242||Repealed, 1988 c 688 art 7 s 8; 1989 c 326 art 6 s 34|
|17.7243||Repealed, 1988 c 688 art 7 s 8; 1989 c 326 art 6 s 34|
|17.7244||Repealed, 1988 c 688 art 7 s 8; 1989 c 326 art 6 s 34|
|17.7245||Repealed, 1988 c 688 art 7 s 8; 1989 c 326 art 6 s 34|
|17.7246||Repealed, 1988 c 688 art 7 s 8; 1989 c 326 art 6 s 34|
|17.725||Repealed, 1989 c 326 art 6 s 34|
|17.726||Repealed, 1989 c 326 art 6 s 34|
|17.727||Repealed, 1989 c 326 art 6 s 34|
|17.728||Repealed, 1989 c 326 art 6 s 34|
|17.7285||Repealed, 1989 c 326 art 6 s 34|
|17.729||Repealed, 1989 c 326 art 6 s 34|
|17.73||Repealed, 1989 c 326 art 6 s 34|
|17.74||Repealed, 1974 c 167 s 1|
|17.75||Repealed, 1974 c 167 s 1|
|17.76||Repealed, 2001 c 161 s 58; 1Sp2001 c 2 s 162|
AGRICULTURAL LAND PRESERVATION AND CONSERVATION
|17.80||STATE AGRICULTURAL LAND PRESERVATION AND CONSERVATION POLICY.|
|17.82||PROHIBITED AGENCY ACTION.|
|17.83||Repealed, 1995 c 233 art 2 s 57|
|17.84||DUTIES OF COMMISSIONER.|
LIVESTOCK PRODUCTION POLICY
|17.844||LIVESTOCK PRODUCTION POLICY.|
LABORATORY SERVICES ACCOUNT
URBAN FOREST PROMOTION
|17.86||URBAN FOREST PROMOTION AND DEVELOPMENT.|
|17.861||REPLACEMENT OF MERCURY MANOMETERS.|
|17.92||RECAPTURE OF CAPITAL INVESTMENT REQUIRED BY AN AGRICULTURAL CONTRACT.|
|17.93||PARENT COMPANY RESPONSIBILITY FOR CONTRACTS OF SUBSIDIARIES.|
|17.94||IMPLIED PROMISE OF GOOD FAITH.|
|17.941||PRODUCER'S RIGHT TO CANCEL.|
|17.942||COVER SHEET REQUIREMENTS.|
|17.944||REVIEW BY COMMISSIONER.|
|17.9441||LIMITS ON REMEDIES.|
|17.9442||APPLICABILITY OF CONTRACT REQUIREMENTS.|
|17.9443||WAIVER OF CONTRACT PROVISIONS IS VOID.|
|17.95||DEPARTMENT OF AGRICULTURE OMBUDSMAN.|
|17.97||AGRICULTURAL INPUT PREPAYMENTS.|
|17.98||DAIRY MARKETING CONTRACTS EXCEPTED.|
ENFORCEMENT OF AGRICULTURAL LAWS
|17.981||Repealed, 1996 c 310 s 1|
|17.982||CRIMINAL AND ADMINISTRATIVE PENALTIES.|
|17.983||ADMINISTRATIVE PENALTIES AND ENFORCEMENT.|
PASSING ON THE FARM CENTER
|17.985||PASSING ON THE FARM CENTER.|
ENTRY INTO FARM ANIMAL FACILITIES
|17.986||ENTRY INTO FARM ANIMAL FACILITIES.|
|17.987||Repealed, 1Sp2001 c 2 s 162|
17.01 CREATION OF DEPARTMENT; COMMISSIONER; DEPUTY.
There is created a Department of Agriculture, which shall be in the charge of a commissioner
of agriculture, in this chapter called the commissioner, who shall be appointed by the governor
under the provisions of section
. Before entering upon the duties of office, the commissioner
shall take the oath required of state officials. The commissioner may appoint a deputy
History: (6023, 53-27 1/2) 1919 c 444 s 1; 1921 c 78 s 1; 1923 c 261 s 1; 1929 c 387; 1951
c 713 s 4; 1961 c 113 s 1; 1961 c 128 s 1; 1969 c 1129 art 8 s 2; 1977 c 305 s 12; 1986 c 444
17.013 DELEGATIONS OF POWERS TO DEPUTY COMMISSIONER.
The commissioner of agriculture may designate the deputy commissioner of agriculture to
act in the commissioner's stead as a member, with all the commissioner's rights and privileges
therein, of any board, committee or commission that the commissioner is made a member of by
law. The designation shall be filed with secretary of state.
History: 1957 c 267 s 1; 1961 c 113 s 1; 1986 c 444
17.03 POWERS AND DUTIES OF COMMISSIONER.
Subdivision 1. Development of agricultural industries.
The commissioner shall encourage
and promote the development of agricultural industries, investigate marketing conditions
affecting the marketing of farm products, and assist farmers, producers, and consumers in the
organization and management of cooperative enterprises and the cooperative marketing of
farm products; advise and assist in the location and establishment of local markets when the
commissioner determines that the public necessity or the welfare of the community requires such
markets, if satisfied that such markets will be successfully operated by a cooperative company
or municipality. It shall be the duty of the Department of Agriculture and the Department of
Agriculture of the University of Minnesota to cooperate in all ways that may be beneficial to the
agricultural interests of the state. It is intended that police and organizational powers in reference
to agriculture shall be exercised by the state Department of Agriculture and that the Department
of Agriculture of the University of Minnesota shall retain its present powers and duties relating to
obtaining and disseminating agricultural information and conducting agricultural research, and
shall retain custody of scientific collections.
Subd. 2. Statistics and information.
The commissioner may collect, compile, and supply
statistics and information in regard to the agricultural products of the state and agricultural
industries and, to attain this result, may cause a farm census at least once in two years, and may
do so annually if deemed advisable.
Subd. 3. Cooperation with federal agencies.
The commissioner shall cooperate with the
government of the United States, with financial agencies created to assist in the development of
the agricultural resources of this state, and so far as practicable may use the facilities provided by
the existing state departments and the various state and local organizations. This subdivision is
intended to relate to every function and duty which devolves upon the commissioner.
Subd. 4. Publication of information.
The commissioner is authorized to publish, from time
to time, such marketing or other information as may be deemed necessary to the welfare of
agriculture, and to that end may investigate marketing or other conditions relating to agriculture
in this and in other states, and to make these investigations public in such manner as shall in the
commissioner's judgment be most effective.
Subd. 5.[Repealed, 1987 c 312 art 1 s 25
; 1987 c 396 art 10 s 7
Subd. 6. Cooperation with Minnesota Department of Employment and Economic
The commissioner of agriculture and the commissioner of employment and
economic development shall cooperate with each other to promote the beneficial agricultural
interests of the state. The commissioner of agriculture has primary responsibility for promoting
state agricultural interests to international markets. The commissioner of agriculture is also
responsible for the promotion of national trade programs related to international marketing. The
commissioner of agriculture has primary responsibility for promoting the agriculture interests
of producers, promoting state agricultural markets, and promoting agricultural interests of the
state in cooperative production and marketing efforts with other states and the United States
Department of Agriculture. The commissioner of agriculture is also responsible for promoting the
national and international marketing of state agricultural products.
Subd. 7. Agricultural diversification.
The commissioner shall establish a program of
agricultural diversification. The commissioner must assist the horticultural industry, help
producers diversify farming operations, and coordinate state agency efforts regarding agricultural
diversification, after consulting with farm groups, the University of Minnesota, and applicable
institutions of higher learning. The commissioner shall report to the governor and legislature
annually on activities and actions that should be taken in these matters.
Subd. 7a. Nontraditional agriculture; promotion.
(a) The commissioner shall devise
means of advancing the production and marketing of nontraditional agricultural products of the
state. The commissioner shall also seek the cooperation and involvement of every department
or agency of the state, and such public and nonpublic organizations as the commissioner deems
appropriate, for the promotion of nontraditional agricultural products.
(b) The production and marketing of nontraditional agricultural products are considered
(c) Except as otherwise provided in law, the commissioner may adopt appropriate rules
concerning health standards for nontraditional agriculture.
(d) Except as otherwise provided in law, the slaughter of all meat producing animals, fowl,
or fish that are nontraditional agriculture intended for sale in commercial outlets must occur at an
(e) Except as otherwise provided in law, it is the responsibility of an owner to take all
reasonable actions to maintain the nontraditional agriculture on property owned or leased by
the owner, including the construction of fences, enclosures, or other barriers, and housing of a
(f) For purposes of this subdivision, "nontraditional agriculture" and "nontraditional
agricultural products" includes but is not limited to aquaculture as defined in section
, and the production of animals domesticated from wild stock, either native or
nonnative, that are kept in confinement by the owner.
Subd. 8.[Repealed, 2003 c 128 art 13 s 40
Subd. 9. Farm crisis assistance fees; liability.
(a) The department may charge a fee for farm
crisis assistance services it provides to persons outside of the department.
(b) The state is not liable for the actions of persons under contract with the department who
provide farm crisis assistance services as part of their contractual duties. Persons who provide
farm crisis assistance are not subject to liability for their actions that are within the scope of their
contract. The immunity from liability in this subdivision is in addition to and not a limitation of
immunity otherwise accorded to the state and its contractors under law.
(c) Fees collected by the department under this subdivision must be deposited in the general
(d) Persons under contract with the department to provide farm crisis assistance are not
employees of the state.
Subd. 10. Gifts; publication fees; advertising; appropriation.
(a) The commissioner may
accept for and on behalf of the state any gift, bequest, devise, grant, or interest in money or
personal property of any kind tendered to the state for any purpose pertaining to the activities of
the Department of Agriculture or any of its divisions.
(b) The commissioner may charge a fee for reports, publications, or other promotional or
informational material produced by the Department of Agriculture. The commissioner may solicit
and accept advertising revenue for any departmental publications or promotional materials.
(c) The fees collected by the commissioner under this section are to recover all or part of the
costs of providing services for which the fees are paid.
(d) Money received by the commissioner for these activities may be credited to one or more
special accounts in the state treasury. Money in those special accounts is annually appropriated to
the commissioner to provide the services for which the money was received.
Subd. 11. Mission; efficiency.
It is part of the department's mission that within the
department's resources the commissioner shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's resources and
operate the department as efficiently as possible;
(3) coordinate the department's activities wherever appropriate with the activities of other
(4) use technology where appropriate to increase agency productivity, improve customer
service, increase public access to information about government, and increase public participation
in the business of government;
(5) utilize constructive and cooperative labor-management practices to the extent otherwise
required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency operations and the accomplishment
of agency goals in the agency's biennial budget according to section
16A.10, subdivision 1
(7) recommend to the legislature appropriate changes in law necessary to carry out the
mission and improve the performance of the department.
Subd. 12. Contracts; appropriation.
The commissioner may accept money as part of
a contract with any public or private entity to provide statutorily prescribed services by the
department. A contract must specify the services to be provided by the department and the amount
and method of reimbursement. Money generated in a contractual agreement under this section
must be deposited in a special revenue fund and is appropriated to the department for purposes
of providing services specified in the contracts. Contracts under this section must be processed
in accordance with section
. The commissioner must report revenues collected and
expenditures made under this section to the chairs of the Environment and Natural Resources
Finance Committee in the house of representatives and the Environment and Agriculture Budget
Division in the senate by January 15 of each odd-numbered year.
Subd. 13. Semiannual reports.
(a) The commissioner shall submit to the legislative
committees having jurisdiction over appropriations from the agricultural fund in section
reports on the amount of revenue raised in each fee account within the fund, the expenditures
from each account, and the purposes for which the expenditures were made. The reports must
be issued in February and November each year, to coincide with the forecasts of revenue and
expenditures prepared under section
(b) The report delivered in February of each year must include the commissioner's
recommendations, if any, for changes in statutes relating to the fee accounts of the agricultural
History: (6024,6027) 1919 c 444 s 2,6; 1921 c 78 s 2,5; 1923 c 261 s 2,5; 1945 c 27 s 1;
1961 c 113 s 1; 1975 c 319 s 1; 1975 c 339 s 1; 1984 c 654 art 2 s 66; 1986 c 444; 1987 c 312 art 1
s 11; 1987 c 396 art 8 s 1; art 10 s 1; 1992 c 513 art 2 s 12,13; 1994 c 642 s 1; 1995 c 248 art 11 s
3; 1996 c 305 art 3 s 2; 1997 c 27 s 1; 1997 c 187 art 2 s 1; 1997 c 216 s 18; 1998 c 366 s 47; 1998
c 386 art 2 s 16; 1999 c 231 s 22; 2003 c 128 art 13 s 1; 1Sp2003 c 4 s 1; 1Sp2005 c 1 art 1 s 7
EXEMPTION OF LICENSEES FROM LOCAL REGULATION
17.037 ENFORCEMENT OF LAWS BY COMMISSIONER.
Subdivision 1. Actions commenced; forfeiture of license; annulment of corporate
The commissioner is authorized, if upon investigation the commissioner is satisfied
that the laws of the state, relative to any laws placed within the commissioner's jurisdiction, have
been violated, to cause to be instituted, in the commissioner's own name as commissioner or in
the name of the state, actions in the proper court, to secure punishment of the guilty party; and, if
the party complained against is a corporation, to secure the cancellation of its authority and the
annulment of its corporate existence, if a domestic corporation; or, if a foreign corporation, the
forfeiture of its license to do business in this state.
Subd. 2. Reports to prosecuting officers.
If, after an investigation, it appears to the
commissioner that the laws of this state have been violated in any respect, the commissioner shall
present all available information bearing upon such apparent violation to the proper law enforcing
or prosecuting officer of the state or of the United States.
Subd. 3. Food manufacturer, processor, or distributor; licensing, preemption by
When a food manufacturer, processor, or distributor is licensed by the commissioner
of agriculture, the food manufacturer, processor or distributor is exempt from the licensing
requirements of any municipal corporation or subdivision of state government, except for
licensing requirements which may be imposed by the municipal corporation or subdivision of
state government in which the manufacturer, processor, or distributor locates a plant. All delivery
equipment used by such a food manufacturer, processor or distributor is included within the
meaning of this section, whether owned or operated, independently contracted, or contracted with
a common carrier approved by the commissioner of agriculture. This delivery equipment is
exempt from licensing by any municipal corporation or subdivision of state government except
for those requirements which may be imposed by the municipal corporation or subdivision of
state government in which the equipment is principally located. Delivery equipment approved by
the commissioner of agriculture shall carry, at all times, a certificate of approval for the purposes
for which the equipment is utilized. Nothing in this section is intended to permit the enactment of
an ordinance regulating an activity where the state has preempted the field.
History: (6025,6244) 1919 c 444 s 3; Ex1919 c 47 s 4; 1921 c 78 s 3; 1923 c 261 s 3;
1967 c 756 s 1; 1986 c 444
17.038 STATISTICAL SERVICES ACCOUNT.
The statistical services account is established in the agricultural fund. All payments for
statistical services performed by the Agricultural Statistics Division of the Department of
Agriculture must be deposited in the agricultural fund and credited to the statistical services
account. The money in the account is appropriated to the commissioner of agriculture to
administer the programs of the Agricultural Statistics Division.
History: 1Sp1985 c 10 s 42; 1999 c 231 s 23
17.039 ETHICAL GUIDELINES FOR FARM ADVOCATES.
Ethical guidelines developed by the commissioner must be part of the contract with each
History: 1986 c 398 art 22 s 1; 1Sp2001 c 2 s 18
17.04 ENFORCEMENT OF FOOD LAWS.
The commissioner shall cause to be enforced all the provisions of all laws designed to
prevent fraud and deception in the manufacture and sale of food and the several ingredients
thereof, and shall have authority to take all proper educational measures to foster and promote the
manufacture and sale of pure food products.
History: (3793) 1921 c 495 s 6; 1961 c 128 s 2
17.045 FOOD PROCESSORS; INVESTIGATION OF COMPLAINTS.
The commissioner of the Department of Agriculture, with the cooperation and assistance of
the attorney general, may investigate any complaint which suggests that an establishment licensed
by the state and engaging in the production, processing or handling of meat, fish, poultry, dairy
or other food products has been subjected to food handling requirements which are inconsistent
with the published laws, rules or standards of a federal, state or local agency. The findings of any
such investigation shall be promptly reported to the complainant, to any trade association with
whom the complainant is associated or which has requested a copy of the report of findings, and
to any agency or official against which the complaint is directed or which has jurisdiction over the
matter complained of. Provided, however, that the provisions of this section shall not apply to an
official establishment which is operating under inspection programs pursuant to the Federal Meat
Inspection Act or the Federal Poultry Products Inspection Act.
History: 1973 c 745 s 1; 1985 c 248 s 70
17.101 PROMOTIONAL ACTIVITIES.
Subdivision 1. Departmental duties.
For the purposes of expanding, improving, and
developing production and marketing of products of Minnesota agriculture, the commissioner
shall encourage and promote the production and marketing of these products by means of:
(a) advertising Minnesota agricultural products;
(b) assisting state agricultural commodity organizations;
(c) developing methods to increase processing and marketing of agricultural commodities
including commodities not being produced in Minnesota on a commercial scale, but which may
have economic potential in national and international markets;
(d) investigating and identifying new marketing technology and methods to enhance the
competitive position of Minnesota agricultural products;
(e) evaluating livestock marketing opportunities;
(f) assessing and developing national and international markets for Minnesota agricultural
(g) studying the conversion of raw agricultural products to manufactured products including
(h) hosting the visits of foreign trade teams to Minnesota and defraying the teams' expenses;
(i) assisting Minnesota agricultural businesses desiring to sell their products;
(j) conducting research to eliminate or reduce specific production or technological barriers to
market development and trade; and
(k) other activities the commissioner deems appropriate to promote Minnesota agricultural
products, provided that the activities do not duplicate programs or services provided by the
Minnesota Trade Division.
Subd. 2. Agricultural development grants and contracts.
In order to carry out the duties
in subdivision 1, the commissioner, in addition to whatever other resources the department
may commit, shall make grants and enter into contracts to fulfill the obligations of subdivision
1. The commissioner may enter into partnerships or seek gifts to carry out subdivision 1. The
commissioner may contract with, among others, agricultural commodity organizations, the
University of Minnesota, and agriculture related businesses to fulfill the duties. The commissioner
shall make permanent rules for the administration of these grants and contracts. The rules shall
specify at a minimum:
(a) eligibility criteria;
(b) application procedures;
(c) provisions for application review and project approval;
(d) provisions for program monitoring and review for all approved grants and contracts; and
(e) other provisions the commissioner finds necessary.
Contracts entered into by the commissioner pursuant to this subdivision shall not exceed 75
percent of the cost of the project supported by the commissioner's grant. In any biennium, no
organization shall receive more than $70,000 in grants from the commissioner.
Subd. 3. Audits.
The books, records, documents, and accounting procedures and practices of
any organization receiving a grant or contract from the commissioner under the provisions of
subdivision 2 shall be subject to examination by the department. The commissioner may prescribe
uniform methods of accounting to be used by grant or contract recipients.
Subd. 4. Advisory group.
The commissioner may establish an ad hoc advisory group to
assist in evaluating grant requests made under subdivision 2.
Subd. 5. Value-added agricultural product processing and marketing grant program.
(a) For purposes of this section:
(1) "agricultural commodity" means a material produced for use in or as food, feed, seed, or
fiber and includes crops for fiber, food, oilseeds, seeds, livestock, livestock products, dairy, dairy
products, poultry, poultry products, and other products or by-products of the farm produced for
the same or similar use, except ethanol; and
(2) "agricultural product processing facility" means land, buildings, structures, fixtures,
and improvements located or to be located in Minnesota and used or operated primarily for the
processing or production of marketable products from agricultural commodities produced in
(b) The commissioner shall establish and implement a value-added agricultural product
processing and marketing grant program to help farmers finance new cooperatives that organize
for the purposes of operating agricultural product processing facilities, forming marketing
cooperatives, and marketing activities related to the sale and distribution of processed agricultural
(c) To be eligible for this program a grantee must:
(1) be a cooperative organized under chapter 308A;
(2) certify that all of the control and equity in the cooperative is from farmers, family farm
partnerships, family farm limited liability companies, or family farm corporations as defined in
500.24, subdivision 2
, who are actively engaged in agricultural commodity production;
(3) be operated primarily for the processing of agricultural commodities produced in
(4) receive agricultural commodities produced primarily by shareholders or members of
the cooperative; and
(5) have no direct or indirect involvement in the production of agricultural commodities.
(d) The commissioner may receive applications from and make grants up to $50,000 for
feasibility, marketing analysis, assistance with organizational development, financing and
managing new cooperatives, product development, development of business and marketing plans,
and predesign of facilities including site analysis, development of bid specifications, preliminary
blueprints and schematics, and completion of purchase agreements and other necessary legal
documents to eligible cooperatives. The commissioner shall give priority to applicants who use
the grants for planning costs related to an application for financial assistance from the United
States Department of Agriculture, Rural Business - Cooperative Service.
Subd. 6. Livestock development.
The commissioner shall establish a process, including
criteria and standards, to recognize and assist efforts by counties to maintain or expand their
A county that meets the criteria may apply to the commissioner to be designated a "livestock
History: 1963 c 486 s 1; 1983 c 293 s 29; 1984 c 640 s 32; 1986 c 444; 1987 c 312 art 1 s
12; 1987 c 396 art 10 s 2; 1995 c 233 art 2 s 56; 1997 c 216 s 19; 1998 c 401 s 14; 2000 c 260 s
9; 2000 c 477 s 1; 1Sp2001 c 2 s 19; 2002 c 373 s 1; 2003 c 128 art 13 s 2
17.1015 PROMOTIONAL EXPENDITURES.
In order to accomplish the purposes of section
, the commissioner may participate
jointly with private persons in appropriate programs and projects and may enter into contracts to
carry out those programs and projects. The contracts may not include the acquisition of land or
buildings and are not subject to the provisions of chapter 16C relating to competitive bidding.
The commissioner may spend money appropriated for the purposes of section
expenditures made pursuant to section
for food, lodging, or travel are not governed by the
travel rules of the commissioner of employee relations.
History: 1983 c 300 s 1; 1995 c 186 s 11; 1998 c 386 art 2 s 17
17.102 MINNESOTA GROWN LABEL.
Subdivision 1. Establishment and use of label.
(a) The commissioner shall establish a
"Minnesota grown" logo or labeling statement for use in identifying agricultural products that
are grown, processed, or manufactured in this state. The commissioner may develop labeling
statements that apply to specific marketing or promotional needs. One version of a labeling
statement must identify food products certified as organically grown in this state. The Minnesota
grown logo or labeling statement may be used on raw agricultural products only if 80 percent or
more of the agricultural product is produced in this state.
(b) The Minnesota grown logo or labeling statement may not be used without a license from
the commissioner except that wholesalers and retailers may use the Minnesota grown logo and
labeling statement for displaying and advertising products that qualify for use of the Minnesota
grown logo or labeling statement.
Subd. 2. Label does not replace other requirements.
The logo or labeling statement does
not supersede or replace any federal label or grade standard that is required by law.
Subd. 3. License.
A person may not use the Minnesota grown logo or labeling without an
annual license from the commissioner. The commissioner shall issue licenses for a fee of $5.
Subd. 4. Minnesota grown account.
The Minnesota grown account is established as an
account in the agricultural fund. License fee receipts and penalties collected under this section
must be deposited in the agricultural fund and credited to the Minnesota grown account. The
money in the account is continuously appropriated to the commissioner to implement and enforce
this section and to promote the Minnesota grown logo and labeling.
Subd. 5. Penalty.
A person who is required to have a license and uses the Minnesota grown
logo or labeling without a license after being notified by the commissioner that a license is
required is subject to a civil penalty up to $1,000.
Subd. 6. Rules.
The commissioner shall promulgate rules authorizing and licensing the use
of the logo or labeling statement.
History: 1979 c 36 s 1; 1987 c 396 art 6 s 1; 1988 c 688 art 4 s 1; 1999 c 231 s 24;
1Sp2001 c 2 s 20
17.1025 MINNESOTA CERTIFICATION PROGRAM.
Subdivision 1. Establishment.
In cooperation with the University of Minnesota, the
Department of Employment and Economic Development, and the Board of Animal Health,
the commissioner shall establish a program to certify agricultural production methods and
agricultural products grown or processed within the state to assure the integrity of claims made by
participating businesses. The commissioner may select and cooperate with private organizations
that have established procedures and safeguards to justify claimed characteristics of the production
process or the final certified product to conduct certification activities for third party producers.
Subd. 2. Certification process.
The commissioner may establish guidelines for the
certification program, which are not subject to chapter 14. Applications for certification must be
submitted to the commissioner and must be evaluated by representatives of the commissioner, the
University of Minnesota, the Department of Employment and Economic Development, other state
agencies with regulatory authority or expertise in the subject matter of the application or in the
certification process, and any other person named by the commissioner.
The commissioner shall make the final certification decision after the certification group
prepares a recommendation. The application may be accepted, denied, or returned to the applicant
for further action. The recommendation must be based upon the benefit of the certification to
the producer or processor, the benefit to the state's agricultural economy, the costs to the state
involved in certification and ongoing monitoring, the quality of internal and external audit
controls to assure compliance with the terms of the certification, and other factors appropriate
to best benefit the participants and the state.
Subd. 3. Intellectual property.
The commissioner shall develop a logo and develop
promotional material to best promote the use of certified products and procedures, and explore
and implement procedures to best use the resources of the Internet in the promotion and
distribution of Minnesota certified products and processes. To the extent practical, the Minnesota
certification program must be coordinated with the Minnesota grown program under section
to accomplish the goals of both programs.
Subd. 4. Certification revocation or suspension; misdemeanor.
A certification may be
revoked or suspended by the commissioner without hearing if the terms of the certification are
not being followed, the certification has become unused or obsolete, or the continued use of the
certification is contrary to the interests of the state or the purpose of the certification program. Use
of the certification after suspension or revocation is a misdemeanor and may also be enjoined by
the commissioner in an action in district court.
Subd. 5. Minnesota certified account.
A Minnesota certified account is created in the
agricultural fund. The commissioner may establish fees in an amount estimated to make the
certification program self-supporting. Fees may be determined on a case-by-case basis based on
the services provided. All fees and reimbursements collected under this section must be deposited
in the account. Money in the account, including interest earned, is annually appropriated to the
commissioner to administer the Minnesota certification program.
Subd. 6. No guarantee or warranty.
Certification does not constitute a guarantee or
warranty as to any characteristic of any product or production process. The state and other parties
involved in the certification decision may not be found liable for a certification or refusal to certify.
Subd. 7. Expiration.
This section expires June 30, 2007.
History: 2000 c 477 s 2; 1Sp2001 c 2 s 21; 1Sp2003 c 4 s 1
17.107 FARM EQUIPMENT SAFETY AND MAINTENANCE PROGRAM FOR YOUTH.
Subdivision 1. Program coordination.
The Minnesota Extension Service, in cooperation
with the commissioner of agriculture, shall implement a voluntary farm equipment safety program
for training and certifying rural youth. The program must be designed to teach young operators
to safely maintain and operate tractors and other farm implements. The Extension Service shall
maintain records adequate to verify the names and addresses of students certified by the safety
Subd. 2. Instructor development.
Not later than August 1, 1991, the Minnesota Extension
Service shall design a program for the recruitment and development of qualified instructors for
the youth farm equipment safety program created under subdivision 1.
Subd. 3. Payment to instructors.
From within public or nonpublic funds made available
for the youth farm equipment safety program created under subdivision 1, the commissioner of
agriculture may make payments of $25 per student to qualified instructors on a per-student basis.
History: 1991 c 254 art 3 s 1
17.109 MINNESOTA GROWN MATCHING ACCOUNT.
Subdivision 1. Establishment.
The Minnesota grown matching account is established as a
separate account in the agricultural fund. The account shall be administered by the commissioner
of agriculture as provided in this section.
Subd. 2. Funding sources.
The Minnesota grown matching account shall consist of
contributions from private sources and appropriations.
Subd. 3. Appropriations must be matched by private funds.
Appropriations to the
Minnesota grown matching account may be expended only to the extent that they are matched
with contributions to the account from private sources on a basis of $4 of the appropriation
to each $1 of private contributions. Matching funds are not available after the appropriation
is encumbered. For the purposes of this subdivision, "private contributions" includes, but is
not limited to, advertising revenue, listing fees, and revenues from the development and sale
of promotional materials.
Subd. 4. Expenditures.
The amount in the Minnesota grown matching account that
is matched by private contributions and the private contributions are appropriated to the
commissioner of agriculture for promotion of products using the Minnesota grown logo and
History: 1987 c 396 art 6 s 2; 1991 c 254 art 3 s 29; 1999 c 231 s 25; 1Sp2001 c 2 s 22
17.114 SUSTAINABLE AGRICULTURE.
Subdivision 1. Purpose.
To assure the viability of agriculture in this state, the commissioner
shall investigate, demonstrate, report on, and make recommendations on the current and future
sustainability of agriculture in this state. The Department of Agriculture is the lead state agency
on sustainable agriculture and integrated pest management.
Subd. 2. Definitions.
For purposes of this section, the following definitions apply:
(a) "Sustainable agriculture" represents the best aspects of traditional and modern agriculture
by using a fundamental understanding of nature as well as the latest scientific advances to
create integrated, self-reliant, resource conserving practices that enhance the enrichment of the
environment and provide short- and long-term productive and economical agriculture.
(b) "Integrated pest management" means use of a combination of approaches, incorporating
the judicious application of ecological principles, management techniques, cultural and biological
controls, and chemical methods, to keep pests below levels where they do economic damage.
Subd. 3. Duties.
(a) The commissioner shall:
(1) establish a clearinghouse and provide information, appropriate educational opportunities
and other assistance to individuals, producers, and groups about sustainable agricultural
techniques, practices, and opportunities;
(2) survey producers and support services and organizations to determine information and
research needs in the area of sustainable agricultural practices;
(3) demonstrate the on-farm applicability of sustainable agriculture practices to conditions in
(4) coordinate the efforts of state agencies regarding activities relating to sustainable
(5) direct the programs of the department so as to work toward the sustainability of
agriculture in this state;
(6) inform agencies of how state or federal programs could utilize and support sustainable
(7) work closely with farmers, the University of Minnesota, and other appropriate
organizations to identify opportunities and needs as well as assure coordination and avoid
duplication of state agency efforts regarding research, teaching, and extension work relating to
sustainable agriculture; and
(8) report to the Environmental Quality Board for review and then to the house of
representatives and senate committees with jurisdiction over the environment, natural resources,
and agriculture every even-numbered year.
(b) The report under paragraph (a), clause (8), must include:
(1) the presentation and analysis of findings regarding the current status and trends regarding
the economic condition of producers; the status of soil and water resources utilized by production
agriculture; the magnitude of off-farm inputs used; and the amount of nonrenewable resources
used by Minnesota farmers;
(2) a description of current state or federal programs directed toward sustainable agriculture
including significant results and experiences of those programs;
(3) a description of specific actions the Department of Agriculture is taking in the area
of sustainable agriculture;
(4) a description of current and future research needs at all levels in the area of sustainable
(5) suggestions for changes in existing programs or policies or enactment of new programs
or policies that will affect farm profitability, maintain soil and water quality, reduce input costs, or
lessen dependence upon nonrenewable resources.
Subd. 3a.[Repealed, 1994 c 557 s 6
Subd. 4. Integrated pest management.
(a) The state shall promote and facilitate the use of
integrated pest management through education, technical or financial assistance, information and
(b) The commissioner shall coordinate the development of a state approach to the promotion
and use of integrated pest management, which shall include delineation of the responsibilities
of the state, public postsecondary institutions, Minnesota Extension Service, local units of
government, and the private sector; establishment of information exchange and integration;
procedures for identifying research needs and reviewing and preparing informational materials;
procedures for factoring integrated pest management into state laws, rules, and uses of pesticides;
and identification of barriers to adoption.
(c) The commissioner shall report to the Environmental Quality Board for review and then
to the house of representatives and senate committees with jurisdiction over the environment,
natural resources, and agriculture every even-numbered year. The report shall be combined with
the report required in subdivision 3.
History: 1989 c 326 art 2 s 2; 1994 c 557 s 4-7; 1999 c 86 art 3 s 1,2
17.115 SHARED SAVINGS LOAN PROGRAM.
Subdivision 1. Establishment.
The commissioner shall establish a shared savings loan
program to provide loans that enable farmers to adopt best management practices that emphasize
sufficiency and self-sufficiency in agricultural inputs, including energy efficiency, reduction or
improved management of inputs, increasing energy production by agricultural producers, and
Subd. 2. Loan criteria.
(a) The shared savings loan program must provide loans for purchase
of new or used machinery and installation of equipment for projects that make environmental
improvements or enhance farm profitability. Eligible loan uses do not include seed, fertilizer, or
(b) Loans may not exceed $25,000 per individual applying for a loan and may not exceed
$100,000 for loans to four or more individuals on joint projects. The loan repayment period may
be up to seven years as determined by project cost and energy savings. The interest rate on the
loans must not exceed six percent. For loans made from May 1, 2004, to June 30, 2007, the
interest rate must not exceed three percent.
(c) Loans may only be made to residents of this state engaged in farming.
Subd. 3. Awarding of loans.
(a) Applications for loans must be made to the commissioner
on forms prescribed by the commissioner.
(b) The applications must be reviewed, ranked, and recommended by a loan review
panel appointed by the commissioner. The loan review panel shall consist of two lenders with
agricultural experience, two resident farmers of the state using sustainable agriculture methods,
two resident farmers of the state using organic agriculture methods, a farm management specialist,
a representative from a postsecondary education institution, and a chair from the department.
(c) The loan review panel shall rank applications according to the following criteria:
(1) realize savings to the cost of agricultural production;
(2) reduce or make more efficient use of energy or inputs;
(3) increase overall farm profitability; and
(4) result in environmental benefits.
(d) A loan application must show that the loan can be repaid by the applicant.
(e) The commissioner must consider the recommendations of the loan review panel and
may make loans for eligible projects.
Subd. 4. Administration; information dissemination.
The amount in the revolving loan
account is appropriated to the commissioner to make loans under this section and administer
the loan program. The interest on the money in the revolving loan account and the interest on
loans repaid to the state may be spent by the commissioner for administrative expenses. The
commissioner shall collect and disseminate information relating to projects for which loans
are given under this section.
Subd. 5. Farm manure digester technology.
Appropriations in Laws 1998, chapter 401,
section 6, must be used for revolving loans for demonstration projects of farm manure digester
technology. Notwithstanding the limitations of subdivision 2, paragraphs (b) and (c), loans under
this subdivision are no-interest loans in principal amounts not to exceed $200,000 and may
be made to any resident of this state. Loans for one or more projects must be made only after
the commissioner seeks applications. Loans under this program may be used as a match for
federal loans or grants. Money repaid from loans must be returned to the revolving fund for
History: 1986 c 444; 1988 c 688 art 15 s 1; 1999 c 231 s 26; 1Sp2001 c 2 s 23; 2004 c 254 s 1
17.116 SUSTAINABLE AGRICULTURE DEMONSTRATION GRANTS.
Subdivision 1. Establishment.
The commissioner shall establish a grant program for
sustainable agriculture methods that demonstrates best management practices, including farm
input reduction or management, enterprise diversification including new crops and livestock, farm
energy efficiency or production, or the transfer of technologies that enhance the environment and
farm profitability. The commissioner shall use the program to demonstrate and publicize the
energy efficiency, environmental benefit, and profitability of sustainable agriculture techniques or
systems from production through marketing. The grants must fund research or demonstrations on
farms consistent with the program objectives.
Subd. 2. Eligibility.
(a) Grants may only be made to farmers, educational institutions,
individuals at educational institutions, or nonprofit organizations residing or located in the state
for research or demonstrations on farms in the state.
(b) Grants may only be made for projects that show:
(1) the ability to maximize direct or indirect energy savings or production;
(2) a positive effect or reduced adverse effect on the environment; and
(3) increased profitability for the individual farm by reducing costs or improving marketing
Subd. 3. Awarding of grants.
(a) Applications for grants must be made to the commissioner
on forms prescribed by the commissioner.
(b) The applications must be reviewed, ranked, and recommended by a technical review
panel appointed by the commissioner. The technical review panel shall consist of a soil scientist,
an agronomist, a representative from a postsecondary educational institution, an agricultural
marketing specialist, two resident farmers of the state using sustainable agriculture methods, two
resident farmers of the state using organic agriculture methods, and a chair from the department.
(c) The technical review panel shall rank applications according to the following criteria:
(1) direct or indirect energy savings or production;
(2) environmental benefit;
(3) farm profitability;
(4) the number of farms able to apply the techniques or the technology proposed;
(5) the effectiveness of the project as a demonstration;
(6) the immediate transferability of the project to farms; and
(7) the ability of the project to accomplish its goals.
(d) The commissioner shall consider the recommendations of the technical review panel
and may award grants for eligible projects. Priority must be given to applicants who are farmers
or groups of farmers.
(e) Grants for eligible projects may not exceed $25,000 unless the portion above $25,000 is
matched on an equal basis by the applicant's cash or in-kind land use contribution. Grant funding
of projects may not exceed $50,000 under this section, but applicants may utilize other funding
sources. A portion of each grant must be targeted for public information activities of the project.
(f) A project may continue for up to three years. Multiyear projects must be reevaluated by
the technical review panel and the commissioner before second or third year funding is approved.
A project is limited to one grant for its funding.
History: 1986 c 444; 1988 c 688 art 15 s 2; 1997 c 216 s 21,22; 1999 c 231 s 27; 1Sp2001 c
2 s 24
17.1161 SUSTAINABLE DEVELOPMENT OF MINNESOTA AGRICULTURE
Subdivision 1. Establishment; framework.
The Minnesota Institute for Sustainable
Agriculture shall establish a framework for participatory problem-solving in local communities
throughout rural Minnesota that will strengthen the connection between local communities,
regions, and the land-grant university; invest research, education, and outreach dollars to meet
agreed-upon local and regional needs; and foster the development of integrated agricultural
systems that are profitable, enhance environmental quality, and support rural communities. The
framework must include regional, community-controlled agricultural sustainable development
centers located at University of Minnesota regional experiment stations. At each center,
the Minnesota Institute for Sustainable Agriculture shall facilitate the development of a
leadership team comprised of farmers, researchers, public agencies, and other local community
representatives to identify problems, chart trends in problems over time, and develop an
understanding of the agricultural system as a whole, common goals for development of the
system, and five-year action plans to address those goals. The Minnesota Institute for Sustainable
Agriculture shall appoint a statewide oversight group of persons with a thorough knowledge of
agriculture-related issues, including farmers' organizations, commodity groups, rural economic
development groups, the Department of Agriculture and other public agencies, academic
personnel, the Agricultural Utilization Research Institute, the Minnesota Extension Service,
and representatives from each regional leadership team. The oversight group shall review and
comment on the regional centers' action plans and integrate them into a comprehensive agenda for
long-term basic and applied research, education, and outreach activities. The oversight group shall
use this agenda to make recommendations on the allocation of funds for regional or statewide use.
The Minnesota Institute for Sustainable Agriculture board of directors shall review and give final
approval of the allocation of funds after consultation with the dean of the College of Agricultural,
Food, and Environmental Sciences at the University of Minnesota.
Subd. 2. Program areas.
Long-term research and education activities must be focused in
four program areas:
(1) sustainable cropping systems;
(2) development of markets and agriculture-related businesses;
(3) sustainable livestock systems; and
(4) intergenerational transfer in agriculture.
History: 1996 c 407 s 11
AGRICULTURE BEST MANAGEMENT
PRACTICES LOAN PROGRAM
17.117 AGRICULTURE BEST MANAGEMENT PRACTICES LOAN PROGRAM.
Subdivision 1. Purpose.
The purpose of the agriculture best management practices loan
program is to provide low or no interest financing to farmers, agriculture supply businesses, and
rural landowners for the implementation of agriculture and other best management practices
that reduce environmental pollution.
Subd. 2. Authority.
The commissioner may develop administrative guidelines specifying
criteria, standards, and procedures for making loans and establish, adopt rules for, and implement
a program to make loans or otherwise provide funds to local units of government, federal
authorities, lending institutions, and other appropriate organizations who will in turn provide
loans to landowners and businesses for facilities, fixtures, equipment, or other best management
practices that prevent or mitigate pollution or other adverse environmental impacts. The
agriculture best management practices loan program must provide a consistent programmatic
framework for the disbursement and administration of funds available to the commissioner
designated to the program for protection of environmental quality or remediation or mitigation
of adverse environmental impacts. The distribution of loans or funds through the program must
comply with all limitations, provisions, or requirements of the respective funding sources. Unless
otherwise limited by the funding source, the commissioner shall manage the program using
perpetual revolving fund accounts.
Subd. 3. Appropriations.
Up to $140,000,000 of the balance in the water pollution
control revolving fund in section
, as determined by the Public Facilities Authority,
is appropriated to the commissioner for the establishment of this program. In addition, the
commissioner may receive appropriations from the legislature and grants or funds from other
sources for implementation of the program.
Subd. 4. Definitions.
(a) For the purposes of this section, the terms defined in this subdivision
have the meanings given them.
(b) "Agricultural and environmental revolving accounts" means accounts in the agricultural
fund, controlled by the commissioner, which hold funds available to the program.
(c) "Agriculture supply business" means a person, partnership, joint venture, corporation,
limited liability company, association, firm, public service company, or cooperative that provides
materials, equipment, or services to farmers or agriculture-related enterprises.
(d) "Allocation" means the funds awarded to an applicant for implementation of best
management practices through a competitive or noncompetitive application process.
(e) "Applicant" means a local unit of government eligible to participate in this program that
requests an allocation of funds as provided in subdivision 6b.
(f) "Best management practices" has the meaning given in sections
103H.151, subdivision 2
, or other practices, techniques, and measures that have been
demonstrated to the satisfaction of the commissioner to prevent or reduce adverse environmental
impacts by using the most effective and practicable means of achieving environmental goals.
(g) "Borrower" means a farmer, an agriculture supply business, or a rural landowner applying
for a low-interest loan.
(h) "Commissioner" means the commissioner of agriculture, including when the
commissioner is acting in the capacity of chair of the Rural Finance Authority, or the designee
of the commissioner.
(i) "Committed project" means an eligible project scheduled to be implemented at a future
(1) that has been approved and certified by the local government unit; and
(2) for which a local lender has obligated itself to offer a loan.
(j) "Comprehensive water management plan" means a state approved and locally adopted
plan authorized under section
(k) "Cost incurred" means expenses for implementation of a project accrued because the
borrower has agreed to purchase equipment or is obligated to pay for services or materials already
provided as a result of implementing a prior approved eligible project.
(l) "Farmer" means a person, partnership, joint venture, corporation, limited liability
company, association, firm, public service company, or cooperative that regularly participates
in physical labor or operations management of farming and files a Schedule F as part of filing
United States Internal Revenue Service Form 1040 or indicates farming as the primary business
activity under Schedule C, K, or S, or any other applicable report to the United States Internal
(m) "Lender agreement" means an agreement entered into between the commissioner and a
local lender which contains terms and conditions of participation in the program.
(n) "Local government unit" means a county, soil and water conservation district, or an
organization formed for the joint exercise of powers under section
with the authority to
participate in the program.
(o) "Local lender" means a local government unit as defined in paragraph (n), a state or
federally chartered bank, a savings association, a state or federal credit union, Agribank and its
affiliated organizations, or a nonprofit economic development organization or other financial
lending institution approved by the commissioner.
(p) "Local revolving loan account" means the account held by a local government unit and a
local lender into which principal repayments from borrowers are deposited and new loans are
issued in accordance with the requirements of the program and lender agreements.
(q) "Nonpoint source" has the meaning given in section
103F.711, subdivision 6
(r) "Program" means the agriculture best management practices loan program in this section.
(s) "Project" means one or more components or activities located within Minnesota that
are required by the local government unit to be implemented for satisfactory completion of an
eligible best management practice.
(t) "Rural landowner" means the owner of record of Minnesota real estate located in an area
determined by the local government unit to be rural after consideration of local land use patterns,
zoning regulations, jurisdictional boundaries, local community definitions, historical uses, and
other pertinent local factors.
Subd. 5. Uses of funds.
Use of funds under this section must be in compliance with the rules
and regulations of the funding source or appropriation. Use of funds from the Public Facilities
Authority must comply with the federal Water Pollution Control Act, section
eligible activities listed in the intended use plan authorized in section
446A.07, subdivision 4
Subd. 5a. Agricultural and environmental revolving accounts.
(a) There shall be
established in the agricultural fund revolving accounts to receive appropriations, transfers of the
balances from previous appropriations for the activities under this section, and money from
other sources. All balances from previous appropriations for activities under this section and
repayments of loans granted under this section, including principal and interest, must be deposited
into the appropriate revolving account created in this subdivision or the account created in
subdivision 13. Interest earned in an account accrues to that account.
(b) The money in the revolving accounts and the account created in subdivision 13 is
appropriated to the commissioner for the purposes of this section.
Subd. 5b. Application fee.
The commissioner may impose a nonrefundable application fee
of $50 for each loan issued under the program. The fees must be credited to the agricultural best
management practices administration account, which is hereby established in the agricultural
fund. Interest earned in the account accrues to the account. Money in the account and interest
earned in the accounts established in the agricultural fund under subdivision 5a are appropriated
to the commissioner for administrative expenses of the program.
Subd. 6. Application.
(a) Only the following local government units may apply for funds
under this program:
(1) counties or their designees;
(2) soil and water conservation districts; and
(3) joint power organizations consisting of counties or their designees or soil and water
(b) A county may submit an application for an allocation. A county or a group of counties
may designate another local government unit to submit a local allocation request on their behalf.
If a county does not submit an application, and does not designate another local government unit,
a soil and water conservation district may submit an application for an allocation. If the local
soil and water conservation district does not submit an application, then an eligible joint powers
organization may submit an application for an allocation. In all instances, there may be only one
application representing any geographic area. The applicant must coordinate and submit requests
on behalf of other units of government within the geographic jurisdiction of the applicant.
(c) The commissioner must prescribe forms and establish an application process for
applicants to apply for an allocation of funds. The application must include but need not be limited
to (1) the geographic area served; (2) the type and estimated cost of activities or projects for which
they are seeking an allocation; and (3) prioritization or targeting of proposed activities or projects.
(d) If an application is rejected, the applicant must be notified in writing as to the reasons for
the rejection and given 30 days to submit a revised application. The revised application shall be
reviewed according to the same procedure used to review the initial application. Failure of an
applicant to be awarded funds does not constitute a rejection of the application.
Subd. 6a. Review and ranking of applications.
(a) The commissioner shall chair the
subcommittee established in section
103F.761, subdivision 2
, paragraph (b), for purposes of
reviewing and ranking applications and recommending to the commissioner allocation amounts.
The subcommittee consists of representatives of the Departments of Agriculture, Natural
Resources, and Health; the Pollution Control Agency; the Board of Water and Soil Resources;
the Farm Service Agency and the Natural Resource Conservation Service of the United States
Department of Agriculture; the Association of Minnesota Counties; the Minnesota Association
of Soil and Water Conservation Districts; and other agencies or associations the commissioner
determines are appropriate.
(b) The subcommittee must use the criteria in clauses (1) to (9) as well as other criteria it
determines appropriate in carrying out the review and ranking:
(1) whether the proposed activities are identified in a comprehensive water management
plan or other appropriate local planning documents as priorities;
(2) the potential that the proposed activities have for improving or protecting environmental
(3) the extent that the proposed activities support areawide or multijurisdictional approaches
to protecting environmental quality based on defined watershed or similar geographic areas;
(4) whether the activities are needed for compliance with existing environmental laws or
(5) whether the proposed activities demonstrate participation, coordination, and cooperation
between local units of government and other public agencies;
(6) whether there is coordination with other public and private funding sources and programs;
(7) whether the applicant has targeted specific best management practices to resolve specific
(8) past performance of the applicant in completing projects identified in prior applications
and allocation agreements; and
(9) whether there are off-site public benefits.
Subd. 6b. Allocation amount.
(a) The subcommittee created in subdivision 6a shall
recommend to the commissioner the amount of allocation for each applicant. This allocation
(1) the amount of repayments received by the commissioner during the previous year from
prior completed projects approved by the local government unit; and
(2) the amount of funds previously designated to committed projects.
(b) Within the limits of the funds available to the commissioner, the subcommittee may
recommend an increased allocation award to the applicant based on:
(1) the ranking of the local government unit application under subdivision 6a; and
(2) the amount of unallocated or uncommitted funds in, or that will be received by, the
agricultural and environmental revolving accounts within one year.
(c) Notwithstanding paragraphs (a) and (b), the commissioner may reserve up to two percent
of all funds appropriated to the agricultural and environmental revolving accounts to be allocated
to applicants that disburse or commit all of their current allocations or to local lenders who
wish to provide financial assistance.
The commissioner may add, for the purposes of calculating future allocations under
paragraphs (a) and (b), the loan amount for projects financed from these reserved funds to
the allocation for the respective local government units in which jurisdiction the project was
Subd. 7. Payments to local lenders.
(a) Payments made from the commissioner to the local
lender must be made in accordance with applicable state and federal laws and rules governing the
payments and the lender agreement.
(b) Payments from the commissioner to the local lender must be disbursed on a cost-incurred
basis. The request must be made in accordance with requirements and procedures established by
the commissioner. Payment requests must be reviewed and approved by the commissioner.
Subd. 8. Allocation agreement.
(a) Eligible local government units with an allocation award
may enter into an allocation agreement with the commissioner and participate in this program.
(b) The allocation agreement must contain terms and conditions for participation in this
program and providing of funds through this program, including, but not limited to: program
requirements, reporting requirements, project eligibility and limitations, allowable expenses,
limitations, rescission and cancellation provisions, and the responsibilities of the commissioner,
local government unit, and local lender.
(c) If the commissioner determines that a local government unit is not in compliance with the
terms of the allocation agreement, the commissioner may rescind all or part of any allocation
awarded through this program.
Subd. 9. Allocation rescission.
(a) Continued availability of allocations granted to a local
government unit is contingent upon the commissioner's approval of the local government unit's
annual report. The commissioner shall review this annual report to ensure that the past and
future uses of the funds are consistent with the comprehensive water management plan, other
local planning documents, the requirements of the funding source, and compliance to program
requirements. If the commissioner concludes the past or intended uses of the money are not
consistent with these requirements, the commissioner shall rescind all or part of the allocation
awarded to a local government unit.
(b) The commissioner may rescind funds allocated to the local government unit that are not
designated to committed projects or disbursed within one year from the date of the allocation
(c) An additional year to use the undisbursed portion of an allocation may be granted by the
commissioner under extenuating circumstances.
Subd. 9a. Authority and responsibilities of the local government units.
(a) A local
government unit that enters into an allocation agreement with the commissioner:
(1) is responsible for the local administration and implementation of the program in
accordance with this section;
(2) may submit applications for allocations to the commissioner;
(3) shall identify, develop, determine eligibility, define and approve projects, designate
maximum loan amounts for projects, and certify completion of projects implemented under this
program. In areas where no local government unit has applied for funds under this program,
the commissioner may appoint a local government unit to review and certify projects or the
commissioner may assume the authority and responsibility of the local government unit;
(4) shall certify as eligible only projects that are within its geographic jurisdiction or within
the geographic area identified in its local comprehensive water management plans or other local
(5) may require withholding by the local lender of all or a portion of the loan to the borrower
until satisfactory completion of all required components of a certified project;
(6) must identify which account is used to finance an approved project if the local
government unit has allocations from multiple accounts in the agricultural and environmental
(7) shall report to the commissioner annually the past and intended uses of allocations
(8) may request additional funds in excess of their allocation when funds are available in the
agricultural and environmental revolving accounts, as long as all other allocation awards to the
local government unit have been used or committed.
(b) If a local government unit withdraws from participation in this program, the local
government unit, or the commissioner in accordance with the priorities established under
subdivision 6a, may designate another local government unit that is eligible under subdivision 6
as the new local government unit responsible for local administration of this program. This
designated local government unit may accept responsibility and administration of allocations
awarded to the former responsible local government unit.
Subd. 9b. Lender agreement.
(a) Any local lender entering into a lender agreement with the
commissioner may participate in this program.
(b) The lender agreement will contain terms and conditions for participation in this program
and providing funds to the local lenders, including but not limited to, program requirements, loan
and account management requirements, payments, repayments, term limits, allowable expenses,
fee limitations, rescission and cancellation provisions, collateral and security requirements,
reporting requirements, review and appeal procedure for cancellation of the loan agreement or
disqualification as a local lender, and the responsibilities of the commissioner, local government
unit, and local lender.
(c) If the commissioner determines that a local lender is not in compliance with the terms of
the lender agreement, the commissioner may take the following actions:
(1) disqualifying the local lender as a participating lender in this program for a period of
up to five years from the date that the commissioner determines noncompliance to the lender
(2) requiring immediate or accelerated repayment of all or part of all funds provided to
the local lender.
(d) Existing lender agreements, executed prior to July 1, 2001, may be amended by mutual
consent of all signatory parties, to comply with this section, to establish a single allocation
agreement that includes the amount of prior allocation awards and defines the terms and
conditions required under subdivision 8, or to modify the amount of allocation awarded.
Subd. 10. Authority and responsibilities of local lenders.
(a) Local lenders may enter
into lender agreements with the commissioner.
(b) Local lenders may enter into loan agreements with borrowers to finance eligible projects
under this section.
(c) The local lender shall notify the local government unit of the loan amount issued to
the borrower after the closing of each loan.
(d) Local lenders with local revolving loan accounts created before July 1, 2001, may
continue to retain and use those accounts in accordance with their lending agreements for the full
term of those agreements.
(e) Local lenders, including local government units designating themselves as the local
lender, may enter into participation agreements with other lenders.
(f) Local lenders may enter into contracts with other lenders for the limited purposes of loan
review, processing and servicing, or to enter into loan agreements with borrowers to finance
projects under this section. Other lenders entering into contracts with local lenders under this
section must meet the definition of local lender in subdivision 4, must comply with all provisions
of the lender agreement and this section, and must guarantee repayment of the loan funds to
the local lender.
(g) When required by the local government unit, a local lender must withhold all or a portion
of the loan disbursement for a project until notified by the local government unit that the project
has been satisfactorily completed.
(h) The local lender is responsible for repaying all funds provided by the commissioner to
the local lender.
(i) The local lender is responsible for collecting repayments from borrowers. If a borrower
defaults on a loan issued by the local lender, it is the responsibility of the local lender to obtain
repayment from the borrower. Default on the part of borrowers shall have no effect on the local
lender's responsibility to repay its obligations to the commissioner whether or not the local lender
fully recovers defaulted amounts from borrowers.
(j) The local lender shall provide sufficient collateral or protection to the commissioner
for the funds provided to the local lender. The commissioner must approve the collateral or
Subd. 11. Loans issued to borrower.
(a) Local lenders may issue loans only for projects that
are approved and certified by the local government unit as meeting priority needs identified in a
comprehensive water management plan or other local planning documents, are in compliance
with accepted practices, standards, specifications, or criteria, and are eligible for financing under
Environmental Protection Agency or other applicable guidelines.
(b) The local lender may use any additional criteria considered necessary to determine the
eligibility of borrowers for loans.
(c) Local lenders shall set the terms and conditions of loans to borrowers, except that:
(1) no loan to a borrower may exceed $50,000;
(2) no loan for a project may exceed $50,000; and
(3) no borrower shall, at any time, have multiple loans from this program with a total
outstanding loan balance of more than $50,000.
(d) The maximum term length for conservation tillage projects is five years. The maximum
term length for other projects in this paragraph is ten years.
(e) Notwithstanding paragraph (c), a local lender may issue a loan of up to $100,000 for a
community sewage treatment system serving two or more households.
(f) Fees charged at the time of closing must:
(1) be in compliance with normal and customary practices of the local lender;
(2) be in accordance with published fee schedules issued by the local lender;
(3) not be based on participation program; and
(4) be consistent with fees charged other similar types of loans offered by the local lender.
(g) The interest rate assessed to an outstanding loan balance by the local lender must not
exceed three percent per year.
Subd. 11a. Eligible projects.
All projects that remediate or mitigate adverse environmental
impacts are eligible if:
(1) the project is eligible under the allocation agreement and funding sources designated by
the local government unit to finance the project; and
(2) manure management projects remediate or mitigate impacts from facilities with less than
1,000 animal units as defined in Minnesota Rules, chapter 7020.
Subd. 12. Data privacy.
The following data on local government units, local lenders, or
borrowers collected by the commissioner under this section are private for data on individuals as
provided in section
13.02, subdivision 12
, or nonpublic for data not on individuals as provided
13.02, subdivision 9
: financial information, including, but not limited to, credit
reports, financial statements, tax returns and net worth calculations received or prepared by the
Subd. 13. Establishment of account.
The Public Facilities Authority shall establish an
account called the agriculture best management practices revolving account to provide loans
and other forms of financial assistance authorized under section
. The account must be
credited with repayments.
Subd. 14.[Repealed by amendment, 1Sp2001 c 2 s 25
Subd. 15. Commissioner's report.
(a) The commissioner shall prepare and submit a report
to the house of representatives and senate committees with jurisdiction over the environment,
natural resources, and agriculture by October 15 of each odd-numbered year.
(b) The report shall include, but need not be limited to, matters such as loan allocations and
uses, the extent to which the financial assistance is helping implement local water and other
environmental planning priorities, the integration or coordination that has occurred with related
programs, and other matters deemed pertinent to the implementation of the program.
Subd. 16. Liens against property.
(a) The amount of loans and accruing interest made by
counties acting as local lenders under this section is a lien against the real property for which the
improvement was made and must be assessed against the property or properties benefited unless
the amount is prepaid. An amount loaned under the program and its accruing interest assessed
against the property is a priority lien only against subsequent liens.
(b) The county may bill amounts due on the loan on the tax statement for the property.
Enforcement of the lien created by this subdivision must, at the county's option, be in the manner
set forth in chapter 580 or 581. When the amount due and all interest has been paid, the county
shall file a satisfaction of the lien created under this subdivision.
(c) A county may also secure amounts due on a loan under this section by taking a purchase
money security interest in equipment in accordance with chapter 336, article 9, and may enforce
the purchase money security interest in accordance with chapters 336, article 9, and 565.
Subd. 17. Referendum exemption.
For the purpose of obtaining a loan from the
commissioner, a local government unit acting as a local lender may provide to the commissioner
its general obligation note. All obligations incurred by a local government unit in obtaining a
loan from the commissioner must be in accordance with chapter 475, except that so long as the
obligations are issued to evidence a loan from the commissioner to the local government unit,
an election is not required to authorize the obligations issued, and the amount of the obligations
shall not be included in determining the net indebtedness of the local government unit under the
provisions of any law or chapter limiting the indebtedness.
History: 1994 c 632 art 2 s 11; 1995 c 202 art 1 s 25; 1995 c 220 s 28-39; 1996 c 407 s 12;
1999 c 86 art 3 s 3; 1999 c 231 s 28; 1Sp2001 c 2 s 25; 2002 c 220 art 9 s 5; 1Sp2005 c 1 art 1 s 8,9
FARM SOLID WASTE DISPOSAL
17.135 FARM DISPOSAL OF SOLID WASTE.
(a) A permit is not required from a state agency, except under sections
for a person who owns or operates land used for farming that buries, or burns and buries,
solid waste generated from the person's household or as part of the person's farming operation if
the burying is done in a nuisance-free, pollution-free, and aesthetic manner on the land used for
farming. This exception does not apply if regularly scheduled pickup of solid waste is reasonably
available at the person's farm, as determined by resolution of the county board of the county
where the person's farm is located.
(b) This exemption does not apply to burning tires or plastics, except plastic baling twine, or
to burning or burial of the following materials:
(1) household hazardous waste as defined in section
115A.96, subdivision 1
(2) appliances, including but not limited to, major appliances as defined in section
(3) household batteries;
(4) used motor oil; and
(5) lead acid batteries from motor vehicles.
History: 1989 c 131 s 2; 1993 c 249 s 5
FEEDLOT AND MANURE
MANAGEMENT ADVISORY COMMITTEE
17.136 FEEDLOT AND MANURE MANAGEMENT ADVISORY COMMITTEE.
(a) The commissioner of agriculture and the commissioner of the Pollution Control Agency
shall establish a Feedlot and Manure Management Advisory Committee to identify needs,
goals, and suggest policies for research, monitoring, and regulatory activities regarding feedlot
and manure management. In establishing the committee, the commissioner shall give first
consideration to members of the existing feedlot advisory group.
(b) The committee must include representation from beef, dairy, pork, chicken, and turkey
producer organizations. The committee shall not exceed 21 members, but, after June 30, 1999,
must include representatives from at least four environmental organizations, eight livestock
producers, four experts in soil and water science, nutrient management, and animal husbandry,
one commercial solid manure applicator who is not a producer, one commercial liquid manure
applicator who is not a producer, and one member from an organization representing local units of
government, and chairs of the senate and the house of representatives committees that deal with
agricultural policy or the designees of the chairs. In addition, the Departments of Agriculture,
Health, and Natural Resources, the Pollution Control Agency, Board of Water and Soil Resources,
soil and water conservation districts, the federal Natural Resource Conservation Service, the
Association of Minnesota Counties, and the Farm Service Agency shall serve on the committee
as ex officio nonvoting members.
(c) The advisory committee shall elect a chair and a vice-chair from its members. The
department and the agency shall provide staff support to the committee.
(d) The commissioner of agriculture and the commissioner of the Pollution Control Agency
shall consult with the advisory committee during the development of any policies, rules, or
funding proposals or recommendations relating to feedlots or feedlot-related manure management.
(e) The commissioner of agriculture shall consult with the advisory committee on
establishing a list of manure management research needs and priorities.
(f) The advisory committee shall advise the commissioners on other appropriate matters.
(g) Nongovernment members of the advisory committee shall receive expenses, in
accordance with section
15.059, subdivision 6
. The advisory committee expires on June 30, 2003.
History: 1994 c 619 s 1; 1997 c 192 s 11; 1999 c 231 s 29; 2001 c 161 s 7
17.138 MANURE MANAGEMENT RESEARCH AND MONITORING PRIORITIES;
COORDINATION OF RESEARCH.
Subdivision 1. Priorities.
(a) The commissioner, in consultation with the commissioner of the
Pollution Control Agency and the Feedlot and Manure Management Advisory Committee, shall
develop and maintain a list of manure management research and monitoring needs and priorities.
(b) The commissioner shall solicit the needs and ideas of livestock producers and consult
with producers in developing the list.
(c) The commissioner shall also consult with agricultural and environmental researchers,
state and federal agencies, and other appropriate organizations to identify current efforts as well
as to assist in the development of research and monitoring needs and priorities.
Subd. 2. Coordination of research.
The commissioner shall coordinate manure management
research and monitoring and make recommendations on manure management research and
monitoring funding priorities to funding bodies other than the legislature.
Subd. 3. Best management practices.
The commissioner of the Pollution Control Agency,
in consultation with the commissioner and the feedlot and manure management advisory
committee, shall develop voluntary best management practices for odor control at feedlots.
History: 1994 c 619 s 2; 1995 c 233 art 1 s 3; 1997 c 7 art 2 s 6
DISCRIMINATION IN THE PURCHASE
OF FARM PRODUCTS
Subdivision 1. Terms.
Unless the language or context clearly indicates that a different
meaning is intended, the terms defined in subdivisions 2, 3, and 4 shall, for the purposes of sections
17.037, subdivisions 1 and 2
, be given the meanings subjoined to them.
Subd. 2.[Repealed, 1996 c 310 s 1
Subd. 3. Farm products.
"Farm products" means butter, milk, cream, butterfat, cheese, other
dairy products, honey, eggs, poultry, poultry products, perishable fresh fruits and vegetables, and
all livestock and products of livestock such as wool, mohair, hides, and meats.
Subd. 4. Bona fide competitor.
The term "bona fide competitor" means a duly licensed
dealer in farm products maintaining a place of business in the same trade territory.
History: (6248-2,10522-4) 1927 c 252 s 2; 1935 c 100 s 1; 1937 c 420 s 1; 1990 c 530 s 1
Any person engaged in the business of buying any farm products for manufacture or sale
thereof, who shall discriminate between different sections, localities, communities, or cities, or
between persons in the same community, in this state, by purchasing any farm products at a higher
price or rate in one locality or from one person than is paid for farm products of the same kind,
quality, and grade by such person in another section, locality, community, or city, or than is
paid to another person of the same community, after making due allowance for the difference,
if any, in the reasonable cost of transportation from the locality of purchase to the locality of
manufacture or sale, or who shall fail to deduct reasonable transportation costs from the purchase
price paid, or who shall fail to deduct the reasonable costs of hauling when such products are
gathered by wagon or truck, or who shall pay or offer to pay in trade or in exchange for goods,
wares or merchandise a higher price for such farm products than the cash price paid or offered to
be paid for such farm products, shall be deemed guilty of unfair discrimination, which is hereby
prohibited and declared to be unlawful. Wherever the transportation costs actually charged for
hauling cream shall be two cents or more per pound for butterfat therein contained, and 15 cents
per 100 pounds for transportation of whole milk, such charge shall be deemed a compliance with
the terms of sections
. It shall not be unfair discrimination for any person to pay, in
any section, locality, community, or city, a price equal to that actually paid on the same day by
any bona fide competitor in such place for farm products of the same kind and grade, provided
such price is paid in good faith effort to meet such competition, and the burden of proving such
facts shall be upon the defendant.
History: (6248-3) 1927 c 252 s 3; 1937 c 420 s 2; 1945 c 122 s 1; 1973 c 123 art 5 s 7
17.16 PRIMA FACIE EVIDENCE OF DISCRIMINATION.
Proof that any person has paid a higher price for any such farm products in one section,
locality, community, or city than in another, after due allowance for the cost of transportation has
been made, shall be prima facie evidence of a violation of sections
History: (6248-4) 1927 c 252 s 4; 1973 c 123 art 5 s 7
17.17 COMPLAINTS; INVESTIGATIONS; PROSECUTIONS; FORFEITURES;
If complaint be made to the commissioner that any person is guilty of unfair discrimination
defined by section
, the commissioner shall investigate such complaint and may, upon
personal initiative, investigate whether or not section
has been violated; and, in either
event, for that purpose, may subpoena witnesses, administer oaths, take testimony, and if, in the
commissioner's opinion, sufficient ground exists therefor, may prosecute an action, in the name of
the state, in the proper court, to annul the act of incorporation or the existence of a corporation
engaged in such business practice. If any corporation is adjudged by any court guilty of unfair
discrimination as defined by section
, such court may vacate the charter or revoke the
authority of such corporation to do business in this state and may permanently enjoin it from
transacting business in this state.
History: (6248-6) 1927 c 252 s 6; 1986 c 444
17.18 PROSECUTIONS INSTITUTED BY OTHERS.
The authority hereby extended to the commissioner shall be considered as duties only and
shall not be construed to preclude any prosecuting officer or any party interested from instituting
proceedings, civil or criminal, for the enforcement of any of the provisions of sections
History: (6248-8) 1927 c 252 s 8
Any person violating the provisions of section
shall, upon conviction thereof, be fined
not less than $50 for each offense; or in default of the payment of such fine by imprisonment in
the county jail for not less than three months nor more than one year.
History: (6248-7) 1927 c 252 s 7
Nothing in sections
shall be construed as repealing any other act or part of
any other act, unless inconsistent herewith, but the remedies therein provided shall be cumulative
to all other remedies provided by law.
History: (6248-9) 1927 c 252 s 9; 1937 c 420 s 3
NATIVE GRASSES LOAN PROGRAM
17.231 NATIVE GRASSES AND WILDFLOWER SEED PRODUCTION INCENTIVE
(a) The commissioner shall prepare a plan to establish a seed production loan program
to provide loans that enable people to begin or expand efforts to develop and produce new,
local-origin, native grass, and native wildflower seed species.
(b) In the plan, the commissioner shall use the ecological regions identified by the
commissioner of natural resources covering the entire state. In the plan, the commissioner shall
design the loan program to produce at least ten local variety native grass species and 40 local
variety native wildflower species for each region. In the plan, the commissioner shall look at
the possibility of producing 100 acres of native grass seed production and ten acres of native
wildflower seed production in each region.
History: 1995 c 220 s 40
Subdivision 1. Applicability.
The definitions in this section apply to sections
Subd. 2.[Repealed, 1996 c 310 s 1
Subd. 3. Fur-bearing animal.
"Fur-bearing animal" means a fox, mink, fitch, chinchilla,
karakul, marten, nutria, or fisher that is the second or later generation raised in captivity.
Subd. 4. Fur farmer.
"Fur farmer" means a person engaged in breeding, raising, producing,
and marketing fur-bearing animals or the products of fur-bearing animals.
History: 1985 c 44 s 1
17.352 AGRICULTURAL PRODUCTS AND PURSUITS.
Fur-bearing animals are domestic animals and products of fur-bearing animals are
agricultural products. A fur farmer is engaged in an agricultural pursuit.
History: 1985 c 44 s 2
17.353 FUR FARMER REGISTRATION.
Subdivision 1. Registration system.
The commissioner shall establish a registration system
for fur farmers. The registration system shall be designed to maintain information required by the
commissioner, United States Department of Agriculture, and other agencies.
Subd. 2. Registration.
A fur farmer may register with the commissioner by submitting
a completed registration form and a fee of $10 to the commissioner by December 31. The
registration is valid for a calendar year. The registration form must state the name of the applicant,
the location of the fur farming activity, the species of fur-bearing animals on the fur farm, and
other information required by the commissioner.
Subd. 3. Tags for transportation and sale.
The commissioner shall, if requested, furnish
registered fur farmers tags, without a fee, for the transport and sale of fur-bearing animals and
their products. A fur farmer transporting or selling pelts of fur-bearing animals may attach the
tag to a package containing pelts.
Subd. 4. Annual reports of pelts sold.
A registered fur farmer must file a verified report of
the number of pelts of each species of fur-bearing animal sold during the preceding calendar year.
The report must be filed with the commissioner by December 31.
History: 1985 c 44 s 3
do not affect provisions of law relating to wild animals.
History: 1985 c 44 s 4
CHEMICALLY TREATED GRAIN
17.41 GRAIN DEFINED.
Unless the language or context clearly indicates that a different meaning is intended, the
term "grain" shall mean whole seeds or entire grains or any broken parts thereof, of field peas,
field beans, soybeans or entire legumes, or flax, wheat, rye, barley, oats, corn, sorghum, spelt or
emmer, vetch, buckwheat, or any other cereals.
History: 1955 c 415 s 1
17.42 CHEMICALLY TREATED GRAIN, SALE.
Subdivision 1. Knowing sale of certain harmful grain.
It shall be unlawful for any person,
firm, corporation, or association to sell, or offer for sale, or expose for sale, or to purchase for the
purpose of resale, any grain for human, animal, or poultry consumption, if such grain contains
toxic chemicals in sufficient quantities to be harmful to humans, animals, or poultry, providing
such person, firm, corporation or association knew or upon the exercise of reasonable diligence
could have known of the presence in the grains in question of toxic chemicals in sufficient
quantities to be harmful to humans, animals or poultry.
Subd. 2. Sale without written notice of grain containing toxic chemicals.
It shall also
be unlawful for any person knowingly to sell, or offer for sale, or expose for sale any grain for
human, animal or poultry consumption, containing toxic chemicals in any quantity, without
informing the purchaser, in writing, of such fact.
History: 1955 c 415 s 2
17.44 SEIZURE OF CHEMICALLY TREATED GRAIN; RECONDITIONING.
Subdivision 1. Court proceedings.
In the event grain is sold or offered for sale for the
purpose of human, animal, or poultry consumption, which contains toxic chemicals in sufficient
quantities to be harmful to humans, animals, or poultry, the district court of the judicial district
in which the grain is found may, upon complaint and showing made by the commissioner of
agriculture, order said grain to be seized. In the event the court finds that the grain is subject to
seizure, it shall order the grain to be sold or otherwise disposed of for purposes other than human,
animal, or poultry consumption. To this end the court may require the grain to be specially
labeled, dyed, or otherwise altered in appearance. Upon application of the owner or any other
person interested in the grain, the court shall permit such person at the person's own expense to
recondition said grain and if, after reconditioning, it appears to the satisfaction of the court that
the toxic chemicals have been removed so that the grain is no longer harmful to humans, animals,
or poultry, the court then shall release the grain.
Subd. 2. Right to sample and copy of analysis.
The court at any time after seizure and up to
a reasonable time before trial shall allow any interested party, or the party's attorney or agent,
to obtain a representative sample of the grain seized and a true copy of the analysis on which
the seizure is based.
History: 1955 c 415 s 4; 1961 c 113 s 1; 1986 c 444
BEE INSPECTION FEES
17.445 INSPECTIONS AND SERVICES; FEES.
Subdivision 1. Definitions.
For the purposes of this section, the definitions in this subdivision
have the meanings given them.
(a) "Apiary" means a place where a collection of one or more hives or colonies of bees or
the nuclei of bees are kept.
(b) "Bee equipment" means hives, supers, frames, veils, gloves, and any apparatus, tool,
machine, vehicle, or other device used in the handling, moving, or manipulating of bees, honey,
wax, or hives, including containers of honey or wax, which may be used in an apiary or in
transporting bees and their products and apiary supplies.
(c) "Bees" means any stage of the common honey bee, Apis mellifera (L).
(d) "Commissioner" means the commissioner of agriculture or the commissioner's designees
or authorized agents.
Subd. 2. Purpose.
To ensure continued access to foreign and domestic markets, the
commissioner shall provide requested bee inspections and other necessary services.
Subd. 3. Inspections and other services.
On request, the commissioner may make
inspections for sale of bees, bee equipment, or appliances or perform other necessary services.
Subd. 4. Fees.
The commissioner shall charge a fee or charge for expenses so as to recover
the cost of performing the inspections and services in subdivision 3. If a person for whom
these inspections or services are to be performed requests it, the commissioner shall provide to
the person in advance an estimate of the fees or expenses that will be charged. All fees and
charges collected under this section shall be deposited in the state treasury and credited to the
agricultural fund. Revenue from inspection fees and other charges deposited in the agricultural
fund, including any interest earned, is appropriated to the commissioner to perform the services
provided for under this section.
History: 2006 c 265 s 1
17.452 FARM-RAISED CERVIDAE.
Subdivision 1. Promotion and coordination.
The commissioner shall promote the
commercial raising of farmed cervidae and shall coordinate programs and rules related to the
commercial raising of farmed cervidae. Farmed cervidae research, projects, and demonstrations
must be reported to the commissioner before state appropriations for the research projects or
demonstrations are encumbered. The commissioner shall maintain a data base of information
on raising farmed cervidae.
Subd. 2. Development program.
The commissioner may establish a Minnesota development
and aid program that may support applied research, demonstration, financing, marketing,
promotion, breeding development, registration, and other services for owners.
Subd. 3.[Repealed, 1997 c 7 art 2 s 67
Subd. 4. Farmed cervidae are livestock.
Farmed cervidae are livestock and are not wild
animals for purposes of game farm, hunting, or wildlife laws. Farmed cervidae and their products
are farm products and livestock for purposes of financial transactions and collateral.
Subd. 5. Raising farmed cervidae is an agricultural pursuit.
Raising farmed cervidae is
agricultural production and an agricultural pursuit.
Subd. 5a. Other applicable definitions.
The definitions in section
apply to this
Subd. 6.[Repealed, 1Sp2005 c 1 art 1 s 98
Subd. 6a.[Repealed, 1Sp2005 c 1 art 1 s 98
Subd. 7.[Repealed, 1Sp2005 c 1 art 1 s 98
Subd. 8. Slaughter.
Farmed cervidae must be slaughtered and inspected in accordance with
chapters 31 and 31A or the United States Department of Agriculture voluntary program for exotic
animals, Code of Federal Regulations, title 9, part 352.
Subd. 9. Sales of farmed cervidae and meat products.
Persons selling or buying farmed
cervidae sold as livestock, sold for human consumption, or sold for slaughter must comply with
chapters 17A, 31, 31A, and 31B.
Subd. 10.[Repealed, 1Sp2005 c 1 art 1 s 98
Subd. 11.[Repealed, 1Sp2005 c 1 art 1 s 98
Subd. 12.[Repealed, 1Sp2005 c 1 art 1 s 98
Subd. 13.[Repealed, 1Sp2005 c 1 art 1 s 98
Subd. 13a.[Repealed, 1Sp2005 c 1 art 1 s 98
Subd. 14.[Repealed, 1Sp2005 c 1 art 1 s 98
Subd. 15.[Repealed, 1Sp2005 c 1 art 1 s 98
Subd. 16.[Repealed, 1Sp2005 c 1 art 1 s 98
History: 1993 c 375 art 9 s 2; 1995 c 39 s 2,3; 1999 c 86 art 2 s 1; 2002 c 373 s 2,3;
2003 c 128 art 3 s 6-13; 1Sp2005 c 1 art 1 s 10
Subdivision 1. Applicability.
The definitions in this section apply to this section and section
Subd. 2. Owner.
"Owner" means a person who owns or is responsible for the raising
Subd. 3. Ratitae.
"Ratitae" means members of the ratitae family (including ostriches, emus,
and rheas) that are raised for the purpose of producing fiber, meat, or animal by-products or as
History: 1993 c 375 art 9 s 3
Subdivision 1. Ratitae are livestock.
Ratitae are livestock and are not wild animals for
purposes of hunting or wildlife laws. Ratitae and their products are farm products and livestock
for purposes of financial transactions and collateral.
Subd. 2. Raising ratitae is an agricultural pursuit.
Raising ratitae is agricultural production
and an agricultural pursuit.
Subd. 3. Sales of ratitae and meat products.
Persons selling or buying ratitae sold as
livestock, sold for human consumption, or sold for slaughter must comply with chapters 17A,
28A, 31, 31A, and 31B.
Subd. 4. Slaughter.
Ratitae must be slaughtered and inspected in accordance with the United
States Department of Agriculture voluntary inspection program for exotic animals, Code of
Federal Regulations, title 9, part 352.
Subd. 5. Disease inspection.
Ratitae are subject to chapter 35 and the rules of the Board
of Animal Health in the same manner as livestock and domestic animals, including provisions
relating to importation and transportation.
History: 1993 c 375 art 9 s 4
Subdivision 1. Applicability.
The definitions in this section apply to this section and section
Subd. 2. Llama.
"Llama" means a member of the genus lama that is raised for the purpose of
producing fiber, meat, or animal by-products or as breeding stock.
Subd. 3. Owner.
"Owner" means a person who owns or is responsible for the raising
History: 1993 c 375 art 9 s 5
Subdivision 1. Llamas are livestock.
Llamas are livestock and are not wild animals for
purposes of hunting or wildlife laws. Llamas and their products are farm products and livestock
for purposes of financial transactions and collateral.
Subd. 2. Raising llamas is an agricultural pursuit.
Raising llamas is agricultural
production and an agricultural pursuit.
Subd. 3. Sales of llamas and meat products.
Persons selling or buying llamas sold as
livestock, sold for human consumption, or sold for slaughter must comply with chapters 17A,
28A, 31, 31A, and 31B.
Subd. 4.[Repealed, 1997 c 220 s 5
Subd. 5. Disease inspection.
Llamas are subject to chapter 35 and the rules of the Board
of Animal Health in the same manner as livestock and domestic animals, including provisions
relating to importation and transportation.
History: 1993 c 375 art 9 s 6
EURASIAN WILD PIGS
17.457 RESTRICTED SPECIES.
Subdivision 1. Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Commissioner" means the commissioner of agriculture.
(c) "Restricted species" means Eurasian wild pigs and their hybrids (Sus scrofa subspecies
and Sus scrofa hybrids), excluding domestic hogs (S. scrofa domesticus).
(d) "Release" means an intentional introduction or escape of a species from the control
of the owner or responsible party.
Subd. 2. Importation; possession; release of restricted species.
It is unlawful for a person
to import, possess, propagate, transport, or release restricted species, except as provided in
Subd. 3. Permits.
(a) The commissioner may issue permits for the transportation, possession,
purchase, or importation of restricted species for scientific, research, educational, or commercial
purposes. A permit issued under this subdivision may be revoked by the commissioner if
the conditions of the permit are not met by the permittee or for any unlawful act or omission,
including accidental escapes.
(b) The commissioner may issue permits for a person to possess and raise a restricted species
for commercial purposes if the person was in possession of the restricted species on March 1,
1993. Under the permit, the number of breeding stock of the restricted species in the possession
of the person may not increase by more than 25 percent and the person must comply with the
certification requirements in subdivision 7.
(c) A person may possess a restricted species without a permit for a period not to exceed two
days for the purpose of slaughtering the restricted species for human consumption.
Subd. 4. Notice of escape of restricted species.
In the event of an escape of a restricted
species, the owner must notify within 24 hours a conservation officer and the Board of Animal
Health and is responsible for the recovery of the species. The commissioner may capture or
destroy the escaped animal at the owner's expense.
Subd. 5. Enforcement.
This section may be enforced under sections
Subd. 6. Penalty.
A person who violates subdivision 2, 4, or 7 is guilty of a misdemeanor.
Subd. 7. Certification and identification requirements.
(a) A person who possesses
restricted species on July 1, 1993, must submit certified numbers of restricted species in the
person's possession to the Board of Animal Health by June 1, 1993.
(b) Restricted species in the possession of a person must be marked in a permanent fashion
to identify ownership. The restricted species must be marked as soon as practicable after birth or
Subd. 8. Containment.
The commissioner, in consultation with the commissioner of natural
resources, shall develop criteria for approved containment measures for restricted species with the
assistance of producers of restricted species.
Subd. 9. Bond; security.
A person who possesses restricted species must file a bond
or deposit with the commissioner security in the form and in the amount determined by the
commissioner to pay for the costs and damages caused by an escape of a restricted species.
Subd. 10. Fee.
The commissioner shall impose a fee for permits in an amount sufficient to
cover the costs of issuing the permits and for facility inspections. The fee may not exceed $50.
Fee receipts must be deposited in the general fund.
History: 1993 c 129 s 3; 1994 c 623 art 1 s 16-18,46; 1999 c 231 s 30; 1Sp2001 c 2 s 26
Subdivision 1. Definition.
"Agroforestry" means the cultivation of short-rotation woody
crops using agricultural practices to produce timber or forest products.
Subd. 2. Agricultural pursuit.
Agroforestry is an agricultural pursuit.
History: 1997 c 216 s 23
17.46 SHORT TITLE.
Laws 1991, chapter 309, sections 4 to 16, may be cited as the Aquaculture Development Act.
History: 1991 c 309 s 3
Subdivision 1. Scope.
The definitions in this section apply to Laws 1991, chapter 309,
sections 2 to 16.
Subd. 2. Aquaculture.
"Aquaculture" means the culture of private aquatic life for
consumption or sale.
Subd. 3. Aquatic farm.
"Aquatic farm" means a facility used for the purpose of culturing
private aquatic life in waters, including but not limited to artificial ponds, vats, tanks, raceways,
other indoor or outdoor facilities that an aquatic farmer owns or where an aquatic farmer has
exclusive control of, or private fish hatcheries licensed under section
for the sole purpose
of processing or cultivating aquatic life.
Subd. 4. Aquatic farmer.
"Aquatic farmer" means an individual who practices aquaculture.
Subd. 5.[Repealed, 1996 c 310 s 1
Subd. 6. Department.
"Department" means the Department of Agriculture.
Subd. 7. Private aquatic life.
"Private aquatic life" means fish, shellfish, mollusks,
crustaceans, turtles, and any other aquatic animals cultured within an aquatic farm. Private aquatic
life is the property of the aquatic farmer.
History: 1991 c 309 s 4; 1994 c 465 art 2 s 3; 2002 c 351 s 1
17.49 AQUACULTURE PROGRAM AND PROMOTION.
Subdivision 1.[Repealed, 2001 c 161 s 58
Subd. 2. Coordination.
Aquaculture programs in the state must be coordinated through the
commissioner of agriculture. The commissioner of agriculture shall direct the development of
aquaculture in the state. Aquaculture research, projects, and demonstrations must be reported to
the commissioner before state appropriations for the research, projects, and demonstrations
are encumbered. The commissioner shall maintain a database of aquaculture research,
demonstrations, and other related information pertaining to aquaculture in the state.
Subd. 2a. Development program.
The commissioner may establish a Minnesota aquaculture
development and aid program that may support applied research, demonstration, financing,
marketing, promotion, broodstock development, and other services.
Subd. 3. Report.
The commissioner shall prepare an annual report on the amount of fish and
aquaculture products produced in the state, where the products were produced, the opportunities in
the state for aquaculture development, and impediments to Minnesota development of aquaculture.
History: 1987 c 186 s 15; 1987 c 312 art 1 s 26 subd 2; 1987 c 318 s 1; 1989 c 350 art 4 s 1;
1990 c 502 s 1,2; 1991 c 309 s 5; 1991 c 345 art 2 s 11; 1993 c 163 art 1 s 1; 1997 c 192 s 12
17.491 AQUACULTURE IS AGRICULTURAL PURSUIT.
Aquaculture is an agricultural pursuit.
History: 1989 c 350 art 4 s 2
17.494 AQUACULTURE PERMITS; RULES.
The commissioner shall act as permit or license coordinator for aquatic farmers and shall
assist aquatic farmers to obtain licenses or permits.
By July 1, 1992, a state agency issuing multiple permits or licenses for aquaculture shall
consolidate the permits or licenses required for every aquatic farm location. The Department
of Natural Resources transportation permits are exempt from this requirement. State agencies
shall adopt rules or issue commissioner's orders that establish permit and license requirements,
approval timelines, and compliance standards.
Nothing in this section modifies any state agency's regulatory authority over aquaculture
History: 1991 c 309 s 6
17.495 APPEAL PROCEDURES.
A state agency that denies a license or permit to an aquatic farmer shall provide the aquatic
farmer with a written notice specifying the reasons for refusal.
An aquatic farmer may appeal a state agency's denial of the license or permit in a contested
case proceeding under chapter 14.
History: 1991 c 309 s 7
17.496 QUARANTINE FACILITY; RULES.
By July 1, 1992, the commissioner of natural resources shall adopt rules, in consultation with
the commissioner of agriculture and the Aquaculture Advisory Committee, for the construction
and operation of a quarantine facility for fish eggs presently requiring quarantine and disposition
of fish from the facility. Fish in a quarantine station that are determined to be disease-free
under the procedures developed by the commissioner of natural resources may be bought, sold,
History: 1991 c 309 s 8
17.497 EXOTIC SPECIES IMPORTATION; RULES.
The commissioner of natural resources shall establish rules, in consultation with the
commissioner of agriculture and the Aquaculture Advisory Committee, for approving or rejecting
importation of "exotic" or genetically altered aquatic species to protect the integrity of the natural
ecosystem and provide aquatic farmers with information that may affect business decisions.
History: 1991 c 309 s 9
17.498 RULES; FINANCIAL ASSURANCE.
(a) The commissioner of the Pollution Control Agency, after consultation and cooperation
with the commissioners of agriculture and natural resources, shall present proposed rules to the
Pollution Control Agency board prescribing water quality permit requirements for aquaculture
facilities by May 1, 1992. The rules must consider:
(1) best available proven technology, best management practices, and water treatment
practices that prevent and minimize degradation of waters of the state considering economic
factors, availability, technical feasibility, effectiveness, and environmental impacts;
(2) classes, types, sizes, and categories of aquaculture facilities;
(3) temporary reversible impacts versus long-term impacts on water quality;
(4) effects on drinking water supplies that cause adverse human health concerns; and
(5) aquaculture therapeutics, which shall be regulated by the Pollution Control Agency.
(b) Net pen aquaculture and other aquaculture facilities with similar effects must submit an
annual report to the commissioner of the pollution control agency analyzing changes in water
quality trends from previous years, documentation of best management practices, documentation
of costs to restore the waters used for aquaculture to the trophic state existing before aquatic
farming was initiated, and documentation of financial assurance in an amount adequate to pay
for restoration costs. The trophic state, which is the productivity of the waters measured by total
phosphorus, dissolved oxygen, algae abundance as chlorophyll-a, and secchi disk depth of light
penetration, and the condition of the waters measured by raw drinking water parameters, shall be
determined to the extent possible before aquatic farming is initiated. The financial assurance may
be a trust fund, letter of credit, escrow account, surety bond, or other financial assurance payable
to the commissioner for restoration of the waters if the permittee cannot or will not restore the
waters after termination of aquatic farming operations or revocation of the permit.
(c) Information received as part of a permit application or as otherwise requested must be
classified according to chapter 13. Information about processes, aquatic farming procedures, feed
and therapeutic formulas and rates, and tests on aquatic farming products that have economic
value is nonpublic data under chapter 13, if requested by the applicant or permittee.
History: 1991 c 309 s 10; 1999 c 86 art 3 s 4
17.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC FARMS.
Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life is not wildlife.
Aquatic farms must be licensed and given classifications to prevent or minimize impacts on
natural resources. The purpose of sections
(1) prevent public aquatic life from entering an aquatic farm;
(2) prevent release of nonindigenous or exotic species into public waters without approval
of the commissioner;
(3) protect against release of disease pathogens to public waters;
(4) protect existing natural aquatic habitats and the wildlife dependent on them; and
(5) protect private aquatic life from unauthorized taking or harvest.
Private aquatic life that is legally acquired and possessed is an article of interstate commerce
and may be restricted only as necessary to protect state fish and water resources.
History: 1992 c 566 s 1
Subdivision 1. Scope.
The definitions in this section apply to sections
Subd. 2. Approved laboratory methods.
"Approved laboratory methods" means methods
described in the latest edition of the "Procedures for the Detection and Identification of Certain
Fish Pathogens" published by the American Fisheries Society Fish Health Section known as
the Fish Health Blue Book.
Subd. 2a. Aquaculture therapeutics.
"Aquaculture therapeutics" means drugs, medications,
and disease control chemicals that are approved for aquaculture use by the United States Food and
Drug Administration or the United States Environmental Protection Agency.
Subd. 3. Aquarium facilities.
"Aquarium facilities" means facilities that rear or hold private
aquatic life for sale for aquarium or display purposes.
Subd. 4. Aquatic farm.
"Aquatic farm" means a licensed facility used for hatching, raising,
rearing, and culturing private aquatic life in waters and preparing aquatic life for sale, including,
but not limited to, ponds, vats, tanks, raceways, and other indoor or outdoor facilities that an
aquatic farmer owns or waters of which an aquatic farmer has the use.
Subd. 5. Aquatic life.
"Aquatic life" has the meaning given to "private aquatic life" in
17.47, subdivision 7
, and for purposes of commercial transactions, aquatic life is livestock.
Subd. 6. Certifiable diseases.
"Certifiable diseases" include channel catfish virus, bacterial
kidney disease, bacterial furunculosis, enteric redmouth disease, enteric septicemia of catfish,
infectious hematopoietic necrosis virus, infectious pancreatic necrosis virus, whirling disease,
proliferative kidney disease, viral hemorrhagic septicemia virus, epizootic epitheliotropic virus,
ceratomyxosis, and any emergency disease.
Subd. 7. Commissioner.
"Commissioner" means the commissioner of natural resources.
Subd. 8. Containment facility.
"Containment facility" means a licensed facility for
salmonids or catfish that complies with clauses (1), (3), and (4), or clauses (2), (3), and (4):
(1) disinfects its effluent to the standards in section
before the effluent is discharged
to public waters;
(2) does not discharge to public waters or to waters of the state directly connected to public
(3) raises aquatic life that is prohibited from being released into the wild and must be kept in
a facility approved by the commissioner unless processed for food consumption;
(4) contains aquatic life requiring a fish health inspection prior to transportation.
Subd. 8a. Emergency enzootic disease area.
"Emergency enzootic disease area" means an
enzootic disease area that harbors an emergency fish disease. Trout, salmon, or catfish species
are from an emergency enzootic disease area only if the individual species in question can carry
one or more of the emergency fish disease pathogens present.
Subd. 9. Emergency fish disease.
"Emergency fish disease" means designated fish diseases
not already present in this state that could impact populations of aquatic life if inadvertently
released by infected aquatic life, including channel catfish virus, viral hemorrhagic septicemia
virus, infectious hematopoietic necrosis virus, infectious pancreatic necrosis virus, whirling
disease, ceratomyxosis, proliferative kidney disease, and epizootic epitheliotropic virus disease.
Subd. 10. Enzootic disease area.
"Enzootic disease area" means an area with well-defined
geographic boundaries which harbors one or more certifiable diseases pathogens.
Subd. 11. Fish Health Blue Book.
"Fish Health Blue Book" means the standardized set of
procedures and guidelines established and published by the American Fisheries Society Fish
Health Section for the detection and isolation of fish pathogens.
Subd. 12. Fish health inspection.
"Fish health inspection" means an on-site, statistically
based sampling in accordance with processes in the Fish Health Blue Book for all lots of fish
in a facility. The inspection must include at least viral testing of ovarian fluids at the 95 percent
confidence level of detecting two percent incidence of disease (ovarian fluids must be sampled for
certification of viral hemorrhagic septicemia and infectious hematopoietic necrosis). Bacterial
diseases must be sampled at the 95 percent confidence level with a five percent incidence of
disease. The inspection must be performed by a fish health inspector in cooperation with the
producer with subsequent examination of the collected tissues and fluids for the detection of
Subd. 13. Fish health inspector.
"Fish health inspector" means an individual certified as a
fish health inspector by the American Fisheries Society or state, federal, or provincial resource
management agency, except that a certification may not be made by an inspector who has a
conflict of interest in connection with the outcome of the certification.
Subd. 14. Game fish.
"Game fish" has the meaning given in section
, except that green or orange spotted sunfish are not game fish for purposes of determining fish
of significant public value.
Subd. 15. Intensive culture.
"Intensive culture" means the rearing of fish at densities greater
than can be supported in the natural environment.
Subd. 16. Licensed facility.
"Licensed facility" means a licensed aquatic farm, including
all licensed waters.
Subd. 17. Lot.
"Lot" means a group of fish of the same species and age that originated from
the same discrete spawning population and that always have shared a common water supply, or
various age groups of adult brood stock of the same species that have shared the same containers
for one brood cycle.
Subd. 18. Minnows.
"Minnows" has the meaning given in section
97A.015, subdivision 29
except the 12-inch restriction on sucker minnows does not apply.
Subd. 18a. Nonindigenous species.
"Nonindigenous species" means a species of fish
or other aquatic life that is:
(1) not known to have been historically present in the state;
(2) not known to be naturally occurring in a particular part of the state; or
(3) designated by rule as a prohibited or regulated invasive species.
Subd. 18b. Nonindigenous strain.
"Nonindigenous strain" means a species of fish or other
aquatic life that:
(1) has an original source outside of this state and contiguous states;
(2) is an unnaturally occurring hybrid or genetically engineered species; or
(3) in areas north of marked State Highway 210, is a walleye, the original source of which is
from south of marked State Highway 210 or from outside the state.
Subd. 18c. Processing.
"Processing" means rendering a species of aquatic life for food, bait,
or other purposes so that it is no longer alive.
Subd. 19. Public waters.
"Public waters" has the meaning given in section
Subd. 20. Quarantine facility.
"Quarantine facility" means a culture system that is enclosed
in a building and is separated from other fish culture facilities where fish can be isolated and
maintained while preventing their introduction and pathogen introduction into the environment.
Subd. 21. Standard facility.
"Standard facility" means a licensed facility that is not a
quarantine or containment facility.
Subd. 22. Waters of the state.
"Waters of the state" has the meaning given in section
103G.005, subdivision 17
History: 1992 c 566 s 2; 1993 c 226 s 1-3; 1996 c 410 s 3-7; 1997 c 226 s 1-3; 2004 c 243 s 1
17.4983 AQUATIC FARM OPERATIONS.
Subdivision 1. Acquisition and sale of private aquatic life.
Aquatic life legally possessed
may be bought, acquired, and sold by licensed facilities as provided in sections
Subd. 2. Acquisition from state.
(a) The commissioner may sell aquatic life to licensed
facilities at fair wholesale market value. Fair wholesale market value must be determined by
the average market price charged in this state and contiguous states and provinces for similar
(b) The commissioner shall establish procedures to make aquatic life available to licensed
facilities if state aquatic life would otherwise die or go to waste, such as in cases of winterkill
lakes, waters where piscicides will be applied, and waters subject to extreme draw-down. The
public must be given angling opportunities if public access is available.
(c) The commissioner shall attempt to provide opportunities to make brood stock available
to licensed facilities to reduce reliance on out-of-state sources without causing adverse impacts
to game fish populations.
(d) If the commissioner denies approval to obtain aquatic life outside the state, a written
notice must be submitted to the applicant stating the reasons for denial, and the commissioner
(1) designate approved sources if available to obtain the desired aquatic life; or
(2) sell the aquatic life from state hatcheries at fair wholesale market value if there is a
surplus from state operations.
Subd. 3. Methods to harvest aquatic life.
Licensed facilities may use all reasonable
methods to operate and harvest aquatic life from licensed facilities, including available nets.
Subd. 4. Discharge may require permit.
The discharge from an aquatic farm must comply
with discharge permits required by the Minnesota Pollution Control Agency.
Subd. 5. Ownership of aquatic life.
(a) Notwithstanding other provisions of law, aquatic
life lawfully acquired and possessed by a licensed facility is private aquatic life and property of
the owner of the licensed facility.
(b) The state may not seize or otherwise confiscate private aquatic life without due process of
law, except that private aquatic life in public waters may become property of the state if the waters
are not part of a licensed facility. The commissioner shall notify the licensee that the aquatic life
in a facility that is no longer licensed will become property of the state if the aquatic life is not
removed. If the licensee does not respond in writing within 30 days after receiving the notice
and make alternative arrangements, or does not remove the aquatic life by 60 ice-free days after
receiving the notice, the private aquatic life becomes property of the state.
(c) Private aquatic life that is transferred to the state or released into public waters that are
not part of a licensed facility is owned by the state and may be considered wildlife.
Subd. 6. Control of licensed waters.
(a) If the public cannot legally access waters of the
state that are part of a licensed aquatic farm except by permission of the licensee, the use of the
waters by the public is subject to restriction by the licensee.
(b) Waters of the state may not be licensed for aquaculture use to more than one licensee.
Subd. 7. Angling in licensed waters.
A person may not take fish by angling from waters
subject to subdivision 6 unless the person has written permission from the licensee and:
(1) has an invoice when in possession of fish; or
(2) takes fish under an angling license, subject to the limits and conditions in the game and
Subd. 8. Interference prohibited.
A person may not knowingly damage, disturb, or interfere
with legal aquatic farm operations.
History: 1992 c 566 s 3; 1993 c 226 s 4; 1997 c 226 s 4
17.4984 AQUATIC FARM LICENSE.
Subdivision 1. License required.
(a) A person or entity may not operate an aquatic farm
without first obtaining an aquatic farm license from the commissioner.
(b) Applications for an aquatic farm license must be made on forms provided by the
(c) Licenses are valid for five years and are transferable upon notification to the
(d) The commissioner shall issue an aquatic farm license on payment of the required license
fee under section
(e) A license issued by the commissioner is not a determination of private property rights,
but is only based on a determination that the licensee does not have a significant detrimental
impact on the public resource.
Subd. 2. Listed waters.
(a) An aquatic farm license must list:
(1) the specific waters of the state that may be used in connection with the licensed aquatic
farm and the species approved for each licensed water; and
(2) whether aeration requiring a permit is approved.
Additional waters may not be used until they are approved by the commissioner.
(b) The right to use waters licensed for private fish hatchery or aquatic farm purposes may be
transferred between licensees with prior approval by the commissioner if requirements for species
to be raised are met. Waters that are continually connected by a permanent watercourse to other
waters must not be approved for aquatic farm use, except that connected waters that are isolated
from other waters may be licensed as a single water body. Waters that are intermittently connected
or may become connected with other waters may be denied, or screening or other measures may
be required to prevent passage of aquatic life. Listed waters may be changed on approval by the
area fisheries supervisor or the commissioner.
(c) The commissioner shall conduct an inspection of waters to be licensed prior to approving
or denying initial licensing of the waters. When artificial tanks, jars, or other containers are added
to existing licensed facilities, an additional inspection is not required.
(d) Waters containing game fish of significant public value may be denied licensing unless
the applicant can demonstrate exclusive riparian control.
(e) Waters containing game fish of significant public value may be denied licensing unless
the game fish of significant public value are, at the commissioner's option, and taking into
consideration the recommendation of the licensed applicant, sold to the licensee, or removed by
the Department of Natural Resources or disposed of as provided in writing by the commissioner.
(f) Waters licensed under an aquatic farm license may be aerated during open water periods
without a separate aeration permit.
(g) Carp and bullheads may be removed from licensed waters, and transported and disposed
of by the licensee.
Subd. 3. Listed species.
(a) An aquatic farm license must list the species of aquatic life
appropriate for the classification of the waters. Listed species of aquatic life may be changed on
written request to and approval by the area fisheries supervisor. Species of aquatic life regulated
under chapter 97A, 97B, or 97C may not be cultured unless listed on the license.
(b) All waters licensed before July 1, 1992, under a private fish farm or fish hatchery license
must be approved for species listed under current licenses if other conditions for licensing are met.
(c) If licensed waters are located within a 25-year floodplain and are not enclosed within a
building, species of aquatic life may be licensed at the discretion of the commissioner.
(d) Licensed waters located outside of a 25-year floodplain or enclosed within a building
may be licensed for any species, except that the commissioner may deny licensing for species not
present in the state.
Subd. 4. Single license for aquatic farming operation.
The commissioner shall issue a
single license for aquatic farming, with the following information and endorsements:
(1) waters covered by the license;
(2) classification of each of the licensed waters;
(3) aeration endorsement for each licensed water where the licensee has exclusive control of
riparian access or where the conditions for an aeration permit have been met; and
(4) endorsements requested by the licensee.
Subd. 5. State list of waters.
If the state uses waters of the state for aquatic farming, the
state shall acquire legal access to the waters and make documentation of the access available to
Subd. 6. Inspections and enforcement.
(a) The premises, property, vehicles, private aquatic
life, and equipment where private aquatic farm operations are being conducted are subject to
reasonable and necessary inspections at reasonable times by conservation officers. The reason for
the inspection must be provided in writing. The owner, operator, or designee may be present when
inspections are conducted.
(b) Conservation officers may enforce sections
Subd. 7. Nonpublic records.
(a) Licensees must keep complete, up-to-date, nonpublic
records of the operation of the aquatic farm. The records must remain available for at least three
(b) The records must be in English and include the following information:
(1) for each species acquired, the number or pounds of fish or eggs acquired, names and
addresses of the sources from which acquired, and the dates of receipt;
(2) for each species sold or disposed of, the number or pounds of fish sold or disposed
of, the names and addresses of the purchasers or persons to whom the conveyances are made,
and the dates of sale; and
(3) for fish sperm or viable eggs, the amount acquired or sold, the names and addresses of the
sources from which acquired, the purchasers to whom conveyed, and the dates of purchase or sale.
(c) On or before March 1 of each year, the licensee shall submit a complete annual report
on a form furnished by the commissioner, covering the number or pounds of all species sold
or purchased in the preceding licensed year.
(d) An aquatic farmer shall maintain records for reasonable inspection by the commissioner.
Information on aquatic life production, harvest, and sales is nonpublic information.
History: 1992 c 566 s 4; 1993 c 226 s 5; 1996 c 410 s 8,9; 2000 c 331 s 1-3
17.4985 TRANSPORTATION OF AQUATIC LIFE.
Subdivision 1. Requirements for importation, transportation within the state, or
stocking of fish.
Except as provided in subdivision 3, a licensee may not import aquatic life into
the state, transport aquatic life within the state, or stock waters of the state with aquatic life
without first obtaining a bill of lading or transportation permit from the commissioner, with
disease certification, if applicable.
Subd. 2. Bill of lading.
(a) A state-issued bill of lading is required for:
(1) intrastate transportation of aquatic life other than salmonids and catfish between licensed
private fish hatcheries, aquatic farms, or aquarium facilities licensed for the species being
transported if the aquatic life is being transported into a watershed where it is not currently
present, if walleyes whose original source is south of marked State Highway 210 are being
transported to a facility north of marked State Highway 210, or if the original source of the aquatic
life is outside Minnesota and contiguous states; and
(2) stocking of waters other than public waters with aquatic life other than salmonids and
(b) When aquatic life is transported under paragraph (a), a copy of the bill of lading must be
submitted to the regional fisheries manager at least 72 hours before the transportation.
(c) For transportation and stocking of waters that are not public waters:
(1) a bill of lading must be submitted to the regional fisheries manager 72 hours before
transporting fish for stocking;
(2) a bill of lading must be submitted to the regional fisheries manager within five days after
stocking if the waters to be stocked are confirmed by telecopy or telephone prior to stocking by
the regional fisheries office not to be public waters; or
(3) a completed bill of lading may be submitted to the regional fisheries office by telecopy
prior to transporting fish for stocking. Confirmation that the waters to be stocked are not public
waters may be made by returning the bill of lading by telecopy or in writing, in which cases
additional copies need not be submitted to the Department of Natural Resources.
(d) Bill of lading forms may only be issued by the Department of Natural Resources in St.
Paul, and new bill of lading forms may not be issued until all previously issued forms have
Subd. 3. Exemptions for transportation permits and bills of lading.
(a) A state-issued
bill of lading or transportation permit is not required by an aquatic farm licensee for importation,
transportation, or export for the following:
(1) minnows taken under an aquatic farm license in this state and transported intrastate;
(2) aquarium or ornamental fish including goldfish and tropical, subtropical, and saltwater
species that cannot survive in the waters of the state, which may be imported or transported if
accompanied by shipping documents;
(3) fish or fish eggs that have been processed for use as food, bait, or other purposes
unrelated to fish propagation;
(4) live fish from a licensed aquatic farm, which may be transported directly to an outlet for
processing or for other food purposes if accompanied by shipping documents;
(5) fish being exported if accompanied by shipping documents;
(6) sucker eggs, sucker fry, or fathead minnows transported intrastate for bait propagation
or feeding of cultural aquatic life;
(7) species of fish that are found within the state used in connection with public shows,
exhibits, demonstrations, or fishing pools for periods not exceeding 14 days;
(8) fish being transported through the state if accompanied by shipping documents; or
(9) intrastate transportation of aquatic life between or within licensed private fish hatcheries,
aquatic farms, or aquarium facilities licensed for the species being transported, except where
required in subdivision 2 and except that salmonids and catfish may only be transferred or
transported intrastate without a transportation permit if they had no record of bacterial kidney
disease at the time they were imported into the state and if they have had a fish health inspection
within the preceding year that has shown no certifiable diseases to be present.
Aquatic life being transferred between licensed private fish hatcheries, aquatic farms, or
aquarium facilities must be accompanied by shipping documents and salmonids and catfish being
transferred or transported intrastate without a transportation permit must be accompanied by a
copy of their most recent fish health inspection.
(b) Shipping documents required under paragraph (a) must show the place of origin, owner
or consignee, destination, number, and species.
Subd. 4. Transportation permit requirements.
A transportation permit is required for all
importation, transportation, or stocking of private aquatic life not covered by subdivision 2 or
exempted in subdivision 3. A transportation permit may be used for multiple shipments within
the 30-day term for the permit if the source and the destination remains the same. Transportation
permits, which may authorize importation or stocking of public waters, may be issued through
Department of Natural Resources regional offices or the St. Paul office, and must be obtained
prior to shipment.
Subd. 5. Permit application.
An application for a transportation permit must be made on
forms provided by the commissioner. An incomplete application must be rejected. An application
for a transportation permit for salmonids and catfish, their eggs, or sperm must be accompanied by
certification that the source of the eggs or sperm are free of certifiable diseases, except that eggs
with enteric redmouth, whirling disease, or furunculosis may be imported, transported, or stocked
following treatment approved by the commissioner, and fish with bacterial kidney disease may be
imported, transported, or stocked into areas where the disease has been previously introduced. A
copy of the transportation permit showing the date of certification inspection must accompany the
shipment of fish while in transit and must be available for inspection by the commissioner. By
14 days after a completed application is received, the commissioner must approve or deny the
importation permits as provided in this section.
Subd. 6. Vehicle identification.
(a) A vehicle used by a licensee for transporting aquatic life
must be identified with the licensee's name and town of residence as it appears on the license and
the license number.
(b) A vehicle used by a licensee must have identification displayed so that it is readily
visible from either side of the vehicle in letters and numbers not less than 2-1/2 inches high and
with a three-eighths inch wide stroke. Identification may be permanently affixed to vehicles or
displayed on removable plates or placards placed on opposite doors of the vehicle or on the
tanks carried on the vehicle.
(c) An application to license a vehicle for minnow transport or export or for use as a fish
vendor that is received by the commissioner is a temporary license until it is approved or denied.
History: 1992 c 566 s 5; 1993 c 226 s 6,7; 1996 c 410 s 10,11
17.4986 IMPORTATION OF AQUATIC LIFE.
Subdivision 1. Importation and stocking restrictions.
A person may not import fish into or
stock fish in the state without first obtaining a transportation permit with a disease certification
when required or a bill of lading from the commissioner, unless the person is exempted.
Subd. 2. Licensed facilities.
(a) The commissioner shall issue transportation permits to
(1) indigenous and naturalized species except trout, salmon, and catfish from any source
to a standard facility;
(2) trout, salmon, and catfish from a nonemergency enzootic disease area to a containment
facility if the fish are certified within the previous year to be free of certifiable diseases, except
that eggs with enteric redmouth, whirling disease, or furunculosis may be imported following
treatment approved by the commissioner, and fish with bacterial kidney disease may be imported
into areas where the disease has been previously introduced; and
(3) trout, salmon, and catfish from a facility in a nonemergency enzootic disease area with a
disease-free history of three years or more to a standard facility, except that eggs with enteric
redmouth, whirling disease, or furunculosis may be imported following treatment approved by
the commissioner, and fish with bacterial kidney disease may be imported into areas where
the disease has been previously introduced.
(b) If a source facility in a nonemergency enzootic disease area cannot demonstrate a history
free from disease, aquatic life may only be imported into a quarantine facility.
Subd. 3. Emergency enzootic disease area.
Except as otherwise provided and except
that eggs with enteric redmouth, whirling disease, or furunculosis may be imported following
treatment approved by the commissioner, and fish with bacterial kidney disease may be imported
into areas where the disease has been previously introduced, fish may be imported from
emergency enzootic disease areas only as fertilized eggs under the following conditions:
(1) to be imported into a standard facility, fertilized eggs must have a disease-free history
for at least five years;
(2) to be imported into a containment facility, fertilized eggs must have a disease-free history
for at least three years; or
(3) to be imported into a quarantine facility, fertilized eggs may have a disease-free history
of less than three years.
Subd. 4. Disease-free history.
Disease-free histories required under this section must include
the results of a fish health inspection. When disease-free histories of more than one year are
required for importing salmonids or catfish, the disease history must be of consecutive years that
include the year previous to, or the year of, the transportation request.
History: 1992 c 566 s 6; 1993 c 226 s 8,9; 1996 c 410 s 12
17.4987 STOCKING PRIVATE AQUATIC LIFE.
(a) A person may not release private aquatic life into public waters that are not licensed as
part of an aquatic farm without first obtaining a transportation permit from the commissioner. The
commissioner may deny issuance of a permit if releasing the private aquatic life is not consistent
with the management plan for the public waters. The commissioner shall make management
plans available to the public.
(b) If a permit is denied, the commissioner must provide reasons for the denial in writing.
History: 1992 c 566 s 7
17.4988 LICENSE AND INSPECTION FEES.
Subdivision 1. Requirements for issuance.
A permit or license must be issued by the
commissioner if the requirements of law are met and the license and permit fees specified in
this section are paid.
Subd. 2. Aquatic farming license.
(a) The annual fee for an aquatic farming license is $210.
(b) The aquatic farming license may contain endorsements for the rights and privileges of the
following licenses under the game and fish laws. The endorsement must be made upon payment
of the license fee prescribed in section
for the following licenses:
(1) minnow dealer license;
(2) minnow retailer license for sale of minnows as bait;
(3) minnow exporting license;
(4) aquatic farm vehicle endorsement, which includes a minnow dealer vehicle license, a
minnow retailer vehicle license, an exporting minnow vehicle license, and a fish vendor license;
(5) sucker egg taking license; and
(6) game fish packers license.
Subd. 3. Inspection fees.
The fees for the following inspections are:
(1) initial inspection of each water to be licensed, $50;
(2) fish health inspection and certification, $60 plus $150 per lot thereafter; and
(3) initial inspection for containment and quarantine facility inspections, $100.
Subd. 4. Aquarium facility.
(a) A person operating a commercial aquarium facility must
have a commercial aquarium facility license issued by the commissioner if the facility contains
species of aquatic life that are for sale and that are present in waters of the state. The commissioner
may require an aquarium facility license for aquarium facilities importing or holding species of
aquatic life that are for sale and that are not present in Minnesota if those species can survive in
waters of the state. The fee for an aquarium facility license is $90.
(b) Game fish transferred by an aquarium facility must be accompanied by a receipt
containing the information required on a shipping document by section
17.4985, subdivision 3
History: 1992 c 566 s 8; 1996 c 410 s 13,14; 1997 c 216 s 24; 2000 c 488 art 3 s 8; 2003 c
128 art 1 s 11
17.4991 DISEASE TRANSMISSION.
Subdivision 1. Facility designation.
(a) The licensee may apply to the commissioner for
designation of all or a portion of a facility as a standard, containment, or quarantine facility on
forms prescribed by the commissioner as part of the license application or separately.
(b) By 15 business days after an application is submitted, the commissioner must notify the
applicant if there are any deficiencies in the application. By 30 business days after a complete
application is submitted, the commissioner shall approve or deny the designation requested. A
denial must include an assessment of the actual risk to wildlife populations at the particular site. A
containment designation must be approved if the facility meets the disinfection requirements of
subdivision 2 and complies with section
17.4982, subdivision 8
Subd. 2. Disinfection.
(a) Containment facilities must disinfect effluent prior to discharge
to public waters. The effluent required to be disinfected includes water used by a containment
facility in the production of the aquatic life of concern, waste or mortalities from the aquatic life
of concern, and live forage or commercial feed discarded from the containment facility. Runoff
from precipitation and excess water from natural springs, wells, or other sources that is not used
in the production of aquatic life is not effluent to be disinfected.
(b) The disinfection must minimize the potential release of disease pathogens to wildlife
susceptible to the pathogens based on a reasonable risk assessment. Disinfection treatment
processes may include chlorination or other processes. If chlorine disinfection is utilized, a
measurable residual level of 1.0 parts per million of active chlorine in the effluent must be
maintained for one hour of retention time. The effluent must be sufficiently dechlorinated to
prevent toxic adverse impacts to wildlife after discharge to public waters.
(c) A disinfection treatment process must ensure uninterrupted effluent treatment in the
event of electrical power failure, a primary system failure, or other similar events that would
cause treatment interruptions.
(d) The effluent disinfection process must be sited, designed, and operated in a manner
that allows inspection by the commissioner at all times to determine whether adequate effluent
disinfection is maintained.
(e) The commissioner may prescribe reasonable documentation of daily monitoring of
treatment system performance to be included in the licensee's annual report. The records must be
available for daily inspection by the commissioner during normal business hours and maintained
for three years.
Subd. 3. Fish health inspection.
(a) An aquatic farm propagating trout, salmon, or catfish
and having an effluent discharge from the aquatic farm into public waters must have a fish health
inspection conducted at least once every 12 months by a certified fish health inspector. Testing
must be conducted according to approved laboratory methods.
(b) A health inspection fee must be charged based on each lot of fish sampled. The fee by
check or money order payable to the Department of Natural Resources must be prepaid or paid at
the time a bill or notice is received from the commissioner that the inspection and processing of
samples is completed.
(c) Upon receipt of payment and completion of inspection, the commissioner shall notify the
operator and issue a fish health certificate. The certification must be made according to the Fish
Health Blue Book by a person certified as a fish health inspector.
(d) All aquatic life in transit or held at transfer stations within the state may be inspected
by the commissioner. This inspection may include the collection of stock for purposes of
pathological analysis. Sample size necessary for analysis will follow guidelines listed in the
Fish Health Blue Book.
(e) Salmonids and catfish must have a fish health inspection before being transported from
a containment facility, unless the fish are being transported directly to an outlet for processing
or other food purposes or unless the commissioner determines that an inspection is not needed.
A fish health inspection conducted for this purpose need only be done on the lot or lots of fish
that will be transported. The commissioner must conduct a fish health inspection requested for
this purpose within five working days of receiving written notice. Salmonids and catfish may be
immediately transported from a containment facility to another containment facility once a sample
has been obtained for a health inspection or once the five-day notice period has expired.
Subd. 4. Emergency disease determination.
If emergency diseases exist, the commissioner
may order the aquatic life in the facility to be impounded, confiscated, sold, or destroyed and
the facility disinfected. The commissioner shall make every effort to allow disposed aquatic life
to be sold for market if there is no imminent danger of a significant adverse impact on natural
fish populations or of escape of the pathogen to public waters.
Subd. 5. Aquaculture therapeutics registration.
(a) Aquaculture therapeutics must be
registered and labeled in accordance with rules adopted by the commissioner of agriculture
relating to drugs and feed additives.
(b) The Department of Agriculture may not require registration of those aquaculture
therapeutics designated as low regulatory priority by the United States Food and Drug
History: 1992 c 566 s 9; 1993 c 226 s 10-12; 1996 c 410 s 15
17.4992 GAME FISH.
Subdivision 1. Acquisition and purchase.
Game fish sperm, viable game fish eggs, or live
game fish may not be taken from public waters for aquaculture purposes, but may be purchased
from the state or acquired from aquatic farms.
Subd. 2. Restriction on the sale of game fish.
(a) Except as provided in paragraph (b),
species of the family salmonidae or ictaluridae, except bullheads, must be free of certifiable
diseases if sold for stocking or transfer to another aquatic farm.
(b) The following exceptions apply to paragraph (a):
(1) Eggs with enteric redmouth, whirling disease, or furunculosis may be transferred between
licensed facilities or stocked following treatment approved by the commissioner.
(2) Fish with bacterial kidney disease may be transferred between licensed facilities or
stocked in areas where the disease has been previously introduced.
(3) The commissioner may allow transfer between licensed facilities or stocking of fish
with enteric redmouth or furunculosis when the commissioner determines that doing so would
pose no threat to the state's aquatic resources.
Subd. 3. Acquisition of fish for brood stock.
(a) Game fish brood stock may be sold to
private fish hatcheries or aquatic farms by the state at fair wholesale market value. For brood stock
development, up to 20 pair of adults of each species requested may be provided to a licensee once
every three years, if available, by the state through normal operations.
(b) If brood stock is not available by the June 1 following the request under paragraph (a) and
a permit to take brood stock by angling is requested by the licensee, within 30 days of the request,
the commissioner may issue a permit to the licensee to take, by angling, up to 20 pairs of each
species requested. Game and fish laws and rules relating to daily limits, seasons, and methods
apply to the taking of fish by angling pursuant to a permit issued under this paragraph.
Subd. 4. Sale of eggs by the state.
The commissioner may offer for sale as eggs or fry up to
two percent of the department's annual game fish egg harvest. Additional eggs or fry may be sold
if they are surplus to this state's program needs.
Subd. 5. Purchase of eggs dependent upon facility.
Licensees may purchase game fish
eggs or fry from the state at a rate based on the capacity of their facility to hatch and rear fish.
Licensees may purchase walleye at a rate of no more than one-half quart of eggs or 5,000 fry for
each acre or fraction of licensed surface water. This limitation may be waived if an aquatic farm is
an intensive culture facility. The allowable purchase of trout or salmon eggs must be based on the
capacity of rearing tanks and flow of water through the aquatic farm facility.
Subd. 6. Stocking walleyes north of marked State Highway 210.
Walleyes from outside of
the area of the state north of marked State Highway 210 may not be stocked in waters of the state
north of marked State Highway 210 without approval by the commissioner.
History: 1992 c 566 s 10; 1993 c 226 s 13; 1996 c 410 s 16,17; 2000 c 331 s 4
Subdivision 1. Taking from public waters.
A licensee may take minnow sperm, minnow
eggs, and live minnows from public waters for aquatic farm purposes under an aquatic farm
license, except that sucker eggs and sperm may only be taken with a sucker egg license
endorsement as provided by section
Subd. 2. Importation of live minnows.
Minnows from outside the state may not be imported
live by a licensee for purposes other than processing or feeding aquatic farm fish.
History: 1992 c 566 s 11; 1996 c 410 s 18
17.4994 SUCKER EGGS.
Sucker eggs may be taken from public waters with a sucker egg license endorsement, which
authorizes sucker eggs to be taken at a rate of one quart of eggs for each 1-1/2 acres of licensed
surface waters except that for intensive culture systems, sucker eggs may be taken at a rate of two
quarts per 1,000 muskellunge fry being reared. The taking of sucker eggs from public waters is
subject to chapter 97C and may be supervised by the commissioner.
History: 1992 c 566 s 12
17.4995 RECEIPTS TO THE GAME AND FISH FUND.
Money received by the state under sections
must be deposited in the state
treasury and credited to the game and fish fund.
History: 1992 c 566 s 13
17.4996 WHITE EARTH INDIAN RESERVATION.
Until the commissioner reaches an agreement with the White Earth Indian Reservation
regarding the acquisition and sale of aquatic life from public waters, an aquatic farm licensee may
acquire and transport rough fish, as defined in section
97A.015, subdivision 43
, and yellow perch
lawfully acquired and possessed by a tribal member for sale under tribal laws and regulations
on the White Earth Reservation. Transportation of yellow perch off the reservation must be
accompanied by documentation showing the source and number of the yellow perch.
History: 1992 c 566 s 14
The commissioner may adopt rules that are consistent with sections
The commissioner must notify the Minnesota Aquaculture Commission and the commissioner of
agriculture prior to publication of the proposed rules.
History: 1992 c 566 s 15
17.4998 VIOLATIONS; PENALTY.
Subdivision 1. Misdemeanor.
Unless a different penalty is prescribed, a violation of a
provision of sections
or a rule of the commissioner governing the operation of
an aquatic farm, private fish hatchery, or quarantine facility is a misdemeanor.
Subd. 2. Petty misdemeanor.
A first and second violation, within a three-year period, of
or a rule of the commissioner governing the operation of an aquatic
farm, private fish hatchery, or quarantine facility is a petty misdemeanor if it does not involve
intentionally falsifying records and does not put public waters or other fish hatchery facilities at
risk from harmful nonindigenous species, nonindigenous strains, or emergency fish diseases.
Subd. 3. License void.
The license of a person convicted of a violation of sections
or a rule of the commissioner governing the operation of an aquatic farm, private
fish hatchery, or quarantine facility is void for a period of one year after the conviction if the
person is convicted of two or more misdemeanors within a three-year period. If the commissioner
determines that the public welfare will not be injured, the commissioner may reinstate a license
voided under this subdivision.
History: 1993 c 226 s 14; 1997 c 226 s 5
17.4999 STORAGE, HANDLING, AND DISPOSAL OF FISH MANURE.
Fish manure from aquatic farm operations:
(1) is subject to the same requirements under state law and rules as other animal manures; and
(2) if managed in a pond system, may be applied as a manipulated manure under chapter
18C if certified by the commissioner.
History: 1994 c 561 s 1
The state must explore alternative uses for agricultural products to enable the state's
agricultural economy to reach its full potential. The state must promote and encourage cooperative
efforts between public and private interests in conducting basic research and disseminating the
results on agricultural commodity utilization.
History: 1987 c 396 art 8 s 2
17.51 CITATION; AGRICULTURAL COMMODITIES PROMOTION ACT.
may be cited as the Agricultural Commodities Promotion Act.
History: 1969 c 1021 s 1
It is hereby declared to be in the interest of the public welfare that Minnesota farmers who
produce agricultural commodities for domestic and foreign markets shall be permitted to act
separately, or jointly in cooperation with handlers, dealers and processors of such products, with
the Minnesota Department of Agriculture, the University of Minnesota, and any other interested
agencies, to promote and stimulate the use, sale and consumption of such commodities and to
improve methods of production, processing and marketing thereof; it is further declared that
provision for the establishment of Minnesota agricultural commodity research and promotion
councils is deemed an appropriate means to accomplish such objectives. Sections
shall not be construed to abrogate or limit in any way the rights, powers, duties and functions
of the commissioner of agriculture or any other agency of the state, but shall be supplementary
thereto, and in aid and cooperation therewith.
History: 1969 c 1021 s 2; 1976 c 149 s 8,62 subd 2
Subdivision 1. Scope of application.
As used in sections
, the terms defined in
this section shall have the following meanings.
Subd. 2. Agricultural commodity.
(a) Except as provided in paragraph (b), "agricultural
commodity" means any agricultural product, including, without limitation, animals and animal
products, grown, raised, produced, or fed within Minnesota for use as food, feed, seed, or any
industrial or chemurgic purpose.
(b) For wheat, barley, and cultivated wild rice, "agricultural commodity" means wheat,
barley, and cultivated wild rice including, without limitation, wheat, barley, and cultivated wild
rice grown or produced within or outside Minnesota, for use as food, feed, seed, or any industrial
or chemurgic purpose.
Subd. 3. Commercial channels.
"Commercial channels" means the processes of sale of any
agricultural commodity to any commercial buyer, dealer, processor, cooperative or to any person,
public or private, who resells such commodity or any product produced from such commodity for
slaughter, storage, processing or distribution.
Subd. 4.[Repealed, 1996 c 310 s 1
Subd. 5. Cooperative.
"Cooperative" means a nonprofit association legally constituted under
the laws of Minnesota or of another state of producers who have gathered together for purposes of
bargaining for a price for marketing their commodity. This includes all cooperatives domiciled
inside or outside of the state which buy commodities from Minnesota producers.
Subd. 6. Council.
"Council" means a council created under the provisions of sections
Subd. 7. First handler.
"First handler" means a person, whether an owner, agent or other
person, who initially places a commodity into commercial channels, or who is engaged in the
processing of the commodity into food for human consumption in any form, except for potato
flour or potato starch.
Subd. 8. First purchaser.
(a) Except as provided in paragraph (b), "first purchaser" means
any person that buys agricultural commodities for movement into commercial channels from
the producer; or any lienholder, secured party or pledgee, public or private, or assignee of said
lienholder, secured party or pledgee, who gains title to the agricultural commodity from the
producer as the result of exercising any legal rights by the lienholder, secured party, pledgee,
or assignee thereof, regardless of when the lien, security interest or pledge was created and
regardless of whether the first purchaser is domiciled within the state or without. "First purchaser"
does not mean the Commodity Credit Corporation when a commodity is used as collateral for a
federal nonrecourse loan unless the commissioner determines otherwise.
(b) For wheat, barley, and cultivated wild rice, "first purchaser" means a person who buys,
receives delivery of, or provides storage for the agricultural commodity from a producer for
movement into commercial channels; or a lienholder, secured party, or pledgee, who gains title to
the agricultural commodity from the producers as the result of exercising any legal rights by the
lienholder, secured party, pledgee, or assignee, regardless of when the lien, security interest, or
pledge was created and regardless of whether or not the first purchaser is domiciled in the state.
"First purchaser" does not mean the Commodity Credit Corporation when the wheat, barley, or
cultivated wild rice is used as collateral for a federal nonrecourse loan unless the commissioner
Subd. 9. Marketing year.
"Marketing year" means a one-year period from July 1 through
June 30, or any other one-year period determined by the promotion order of a specific council.
Subd. 10. Participating producer.
"Participating producer" means a producer of an
agricultural commodity for which a promotional order has been issued and exists, who produces
that commodity in the organized area and meets the minimal requirements established by the
council to qualify as a producer.
Subd. 11.[Repealed, 1996 c 310 s 1
Subd. 12. Private processor.
"Private processor" means a privately owned commodity
processor legally constituted under the laws of Minnesota for the purpose of buying or marketing
the commodity and commodity products, whether the processor is domiciled within the state
Subd. 13. Producer.
(a) Except as provided in paragraph (b), "producer" means any person
who owns or operates an agricultural producing or growing facility for an agricultural commodity
and shares in the profits and risk of loss from such operation, and who grows, raises, feeds or
produces the agricultural commodity in Minnesota during the current or preceding marketing year.
(b) For wheat, barley, and cultivated wild rice, "producer" means in addition to the meaning
in paragraph (a) and for the purpose of the payment or the refund of the checkoff fee paid pursuant
only, a person who delivers into, stores within, or makes the first sale
of the agricultural commodity in Minnesota.
Subd. 14. Producer-processor.
"Producer-processor" means a producer who processes
and markets the producer's own product. For the purpose of collecting the checkoff fee, a
producer-processor is the first purchaser.
Subd. 15. Promotional order.
"Promotional order" means an order issued by the
commissioner, with the advice and consent of a council and after a referendum pursuant to this
chapter, which establishes a program for promotion, advertising, production, market research, and
market development of the growing, processing, distributing, sale or handling of an agricultural
commodity and provides for the collection of checkoff fees.
Subd. 16. Qualified voter.
"Qualified voter" means a producer who would be subject to the
payment of fees to finance the activities described in sections
and who shares
directly in the profits and risk of loss from the agricultural operation which produces or grows
Subd. 17. Retailer.
"Retailer" means a person who sells directly to the consumer in small
quantities or broken lots.
Subd. 18. Sale.
"Sale" means any passing of title from the producer to the first purchaser.
Sale includes any pledge, security interest or lien after harvest.
History: 1969 c 1021 s 3; 1976 c 149 s 9,62 subd 2; 1982 c 582 s 1; 1986 c 444; 1994
c 452 s 1-3; 1Sp2001 c 2 s 27-29
Subdivision 1. Creation.
A commodity research and promotion council may be created
for the producers of each agricultural commodity by filing with the commissioner a petition
requesting that the producers of such commodity be subjected to the provisions of sections
. The petition must be signed by 1,000 producers or 15 percent of the producers proposed
to be covered by the promotion order, whichever is less. At least two producers shall certify under
oath that the petition has been signed only by producers of the commodity involved.
Subd. 2. Membership.
Upon petition of the required number of producers the commissioner
shall, after consultation with the various producer or commodity organizations of the particular
commodity petitioning for a referendum, determine the size of the council and distribution of the
Subd. 3. Nominating committee.
Within 30 days after the filing of the petition by the
required number of producers of an agricultural commodity the commissioner shall appoint a
nominating committee of at least five producers of that commodity who shall, within 60 days
from the filing of the petition, nominate at least two producer candidates for each council position
and certify the names of such nominees to the commissioner. Nominees shall be selected with a
view to establishing a fair representation of all producers of the particular commodity throughout
the area to be organized, which shall comprise the entire state unless the commissioner determines
that at least 95 percent of the production of the commodity is in a lesser area, in which event
the commissioner shall define the area following county lines. Whenever possible, the areas
represented by council members shall correspond to state crop reporting districts as defined by the
Minnesota crop and livestock reporting service.
Subd. 4. Election.
Upon receipt of the nominations the commissioner shall promptly arrange
an election to be held at places designated by the commissioner reasonably convenient to all
producers in the organized area and provide notice of the election to all of the media having
a general circulation in the organized area. Ballots setting forth the names of the nominated
candidates and providing for write-in candidates shall be made available at all polling places.
Only producers of the agricultural commodity involved shall be qualified to vote. General polling
procedures shall be established by the commissioner by rule pursuant to chapter 14 to avoid
voting by other than qualified producers. An impartial committee appointed by the commissioner
shall tabulate the votes, and the candidates receiving the most votes shall be declared elected to
the first council.
After the first council for a commodity is elected, an election shall be held annually to elect
members of the council. The election shall be held in the same manner as prescribed for the first
council election except that the manner of choosing nominating committee members, the time
of nominations and the time and place of elections shall be fixed by the commissioner. Mail
balloting may be permitted by the commissioner.
Subd. 5. Terms.
At the first meeting of the first council for each commodity the commissioner
shall determine by lot one-third of the council members whose terms shall expire June 30 in the
calendar year following the year of the first election, one-third of the council members whose
terms shall expire June 30 in the second calendar year and the remaining council members whose
terms shall expire June 30 in the third calendar year. In the event the commissioner has designated
specific areas for representation on the council, the terms of council members in any one area
shall not expire in the same year. All council members elected in succeeding elections shall serve
three year terms and until their successors are elected and qualified. All terms shall expire on
June 30 of the last year of the term unless another date is established by the commissioner for
specific councils. In the event a council member ceases to have any of the qualifications herein
established, that office shall be deemed vacant. An interim vacancy on the council shall be filled
by the council for the remainder of the term vacated. The successor so appointed shall be a
commodity producer residing in the same crop reporting district as the former member.
Subd. 6. Organization.
(a) The commissioner shall serve as a member of each council
without vote. Each council shall elect from its own membership a chair, a vice-chair, a secretary,
and other officers the council deems appropriate. An executive committee of no more than five
members including the officers may also be elected. Except as provided in paragraph (b), terms of
the officers shall expire on June 30 of each year; however, they may serve until their successors
have been elected but not beyond July 15.
(b) If the commissioner establishes an alternative expiration date for a specific council under
subdivision 5 or 13, council members may serve on the council until their successors have been
elected but not beyond 15 days after the expiration date.
Subd. 7. Meetings; quorum.
Subject to the requirements of sections
council shall meet at times and places as it may determine or upon call of the chair or of any three
members or one-third of the council, whichever is greater. A majority of the voting members of
a council shall constitute a quorum for the transaction of all business in carrying out the duties
of the council.
Subd. 8. Existing councils.
Any council established pursuant to any act on or before July
1, 1982 may maintain the number and regional distribution of council members in effect at
that time and council members elected under the provisions of any act in effect prior to July 1,
1982 may serve out their terms according to those provisions. Any promotional order in effect
prior to July 1, 1982 shall remain in effect until the promotional order would terminate under
the terms of the promotional order itself, or under the provisions of the legislation authorizing
that promotional order, or until the promotional order is terminated pursuant to section
whichever occurs first. No referendum need be held by the commissioner to establish any
promotion order in effect prior to July 1, 1982. No referendum need be held by the commissioner
to bring any promotion order into early compliance with Laws 1982, chapter 582, sections 1 to
11 when the proposed changes in the promotion order are requested by the council members
and approved by the commissioner.
Subd. 9. Potato industry promotion.
For the purpose of the administration of sections
as they pertain to a Minnesota Area Potato Research and Promotion Council established
pursuant to Laws 1967, chapter 417, as amended, the state is divided into two areas. Area number
one includes the counties of Kittson, Marshall, Polk, Pennington, Red Lake, Norman, Mahnomen,
Clay, Wilkin, Roseau, Lake of the Woods, Beltrami, Clearwater, and Becker. Area number two
includes the rest of the counties of the state. Sections
shall apply to any of the
above areas of the state where the commissioner has determined that the area was organized prior
to July 1, 1982, pursuant to section
30.464, subdivision 3
, as amended through June 30, 1982.
Subd. 10. Existing area potato councils.
For the purposes of sections
area potato council established pursuant to section
, prior to July 1, 1982 shall maintain the
number and distribution of council members in effect at that time. Council members elected or
appointed under the provisions of section
may serve out their terms. For the purposes of
, the provisions of sections
as amended through June 30, 1982, shall be considered to be the promotional order for an area
potato council, and shall remain in effect as a promotional order until terminated or modified
Subd. 11. Membership and terms; area potato councils.
3, 4, and 5, any area potato council which continues in existence pursuant to subdivision 10
shall include one voting member who is a private processor of potatoes and one voting member
who represents potato wash plants. These two members shall be appointed by the governor for
four-year terms coterminous with that of the governor.
Subd. 12. Dairy industry promotion.
For the purpose of the administration of sections
as they pertain to the Dairy Research and Promotion Council established pursuant
to Laws 1969, chapter 851, as amended, the vote in the name of a cooperative association
of producers may be deemed the vote of all members of that cooperative association. The
commissioner shall schedule and specify procedures for bloc voting by a cooperative. A ballot
prepared by the council and the commissioner shall be sent by each cooperative to all member
and nonmember producers with a return envelope addressed to the commissioner. The ballot shall
indicate that the cooperative association intends to vote in favor of or in opposition to the question.
In the case of members the ballot shall indicate the expiration date of the ballot and state that if
the ballot is not returned by that date the ballot shall be considered to be in favor of the vote of the
association. The cooperative shall return the completed bloc vote ballot to the commissioner. A
cooperative association shall not be required to bloc vote its producers but in that event it shall
inform each producer of its decision and provide each producer with an individual referendum
ballot with a return envelope addressed to the commissioner.
Each private processor of dairy products and each cooperative shall file with the
commissioner a list of producers who market the bulk of their production with that private
processor or cooperative. The polling procedures established by the commissioner pursuant to
subdivision 4 shall ensure that dairy producers marketing the bulk of their production with a
private processor have the option to vote in any referendum held pursuant to Laws 1982, chapter
586, sections 1 to 11.
Subd. 13. Terms; dairy council.
Notwithstanding subdivision 5, the term of office of
members of any council established for the producers of cows' milk or products derived from
cows' milk shall be as provided in this subdivision. The term of office shall be two years, with
the terms of half the council members expiring in odd-numbered years, and the terms of the
remaining council members expiring in even-numbered years. All terms expire on June 30 of the
last year of the term unless another date is established by the commissioner for the council.
History: 1969 c 1021 s 4; 1973 c 237 s 1; 1973 c 242 s 1; 1976 c 149 s 10,62 subd 2;
1982 c 424 s 130; 1982 c 582 s 2; 1986 c 318 s 1; 1986 c 444; 1990 c 417 s 1; 1997 c 187
art 3 s 4; 2000 c 285 s 1,2
17.56 COUNCIL TO FORMULATE AND SUBMIT PROMOTIONAL ORDER.
Subdivision 1. Formulation.
Within 15 days after certification by the commissioner of
its election the first council for producers of a particular commodity shall meet and formulate
a promotional order establishing a program for development, promotion, advertising, research,
distribution and the expansion of the sale, use and consumption of the commodity it represents
and establishing a checkoff fee to be paid by producers to finance the proposed activities.
Subd. 2. Hearings.
The commissioner, after consultation with the council, shall hold
public hearings on the proposed promotional order in areas and at times affording reasonable
opportunities for producers to attend. After such hearings and after consultation with the council,
the commissioner shall determine whether or not the promotional order shall be amended,
modified or supplemented. If changes or additions of substance are made, commissioner shall
hold public hearings on the amended or supplemented promotional order.
Subd. 3. Referendum.
Following the hearings, the commissioner shall conduct a referendum
on the proposed final promotional order. At least ten days' notice of the time and places of such
referendum shall be published in a legal newspaper of general circulation in each county affected.
Notice shall also be given to other media in each county affected. A complete copy of the
promotional order shall be given to each county extension office in any county involved in the
referendum to afford all producers of the commodity access to complete information about the
promotional order and the referendum.
Subd. 4. Adoption.
The promotional order shall become effective if approved by a majority
of those voting.
Subd. 5. Failed referendum.
If a referendum is conducted and a proposed promotional order
is not approved, the commissioner shall not conduct another referendum on any promotional order
for the same commodity until one year has elapsed, except for the Minnesota Canola Council, for
which six months must have elapsed.
History: 1969 c 1021 s 6; 1973 c 242 s 2; 1976 c 149 s 62 subd 2; 1982 c 424 s 130; 1982 c
582 s 3; 1996 c 290 s 1; 1997 c 187 art 3 s 5
17.57 ADDITIONAL POWERS AND DUTIES OF COUNCIL.
Subdivision 1. Adoption of rules.
Each council shall at its regular meetings adopt rules
consistent with sections
for the administration of the promotional order.
Subd. 2. Budget.
Each council shall prepare and submit to the commissioner on a date the
commissioner determines an estimated budget for the operation of the promotional order.
Subd. 3. Report.
Each council shall prepare an annual report on the programs pursuant to
its promotional order for the previous operating year. The report shall be mailed to each county
extension office in any county involved in the promotional order.
Subd. 4. Collection of checkoff fees and data.
The promotion order shall provide a
procedure for the collection of the checkoff fee by each council to finance promotional orders
and for the collection of information and data which are necessary for the proper administration
Subd. 5. Donations.
Each council is authorized to accept donations of funds, property,
services or other assistance from public or private sources for the purpose of furthering the
objectives of sections
Subd. 6. Right to sue and be sued.
Each council shall have the right to investigate and
prosecute in the name of the state of Minnesota any action or suit to enforce the collection or
insure payment of the checkoff fees authorized by the provisions of sections
, to sue
and be sued in the name of the council to hire attorneys as necessary and to do all other things
necessary to the administration and implementation of sections
Subd. 7. Financial statement.
Each council shall make available an annual financial
statement of the council to any producer upon request.
History: 1969 c 1021 s 7; 1976 c 149 s 62 subd 2; 1982 c 424 s 130; 1982 c 582 s 4;
1986 c 444; 1997 c 187 art 3 s 6
17.58 POWERS AND DUTIES OF COMMISSIONER.
Subdivision 1. Contracts.
A council, with the approval of the commissioner, may contract
and cooperate with any person, firm, corporation or association, or with any local, state, federal
or international agency or institution, for market development, education, publicity, promotion,
research, transportation and advertising within the purposes of sections
Subd. 2. Personnel.
The council, with the approval of the commissioner, shall appoint,
employ, provide necessary bond, discharge, fix compensation for and prescribe the duties of the
first chief administrative officer of any council established after July 1, 1982. The council, after
consultation with the commissioner, shall appoint, employ, provide necessary bond, discharge, fix
compensation for and provide duties of subsequent chief administrative officers. A council may
employ other personnel as it deems necessary.
Subd. 3. General powers.
In administering sections
, the commissioner
shall have such other powers as may be conferred by law not inconsistent with the provisions
. The commissioner is authorized to cooperate with any appropriate
agency of any state for the purpose of carrying out the provisions of sections
in securing uniformity of administration and enforcement.
Subd. 4. Rules.
The organization, conduct of elections, referenda, and meetings of a council
and the administration of a promotional order for any commodity shall be governed by rules
promulgated by the commissioner pursuant to chapter 14.
Subd. 5. Audits.
Each year the commissioner shall conduct a fiscal audit, and at least every
three years the commissioner shall conduct a compliance audit of each council. A compliance
audit is an audit to determine that a council has complied with the terms of sections
, with all other applicable federal or state laws, and with the terms of any promotional
History: 1969 c 1021 s 8; 1976 c 149 s 62 subd 2; 1982 c 424 s 130; 1982 c 582 s 5;
1986 c 444
17.59 FEES TO DEFRAY EXPENSES.
Subdivision 1. Checkoff fees.
For the purpose of providing funds to defray the necessary
expenses incurred by the commissioner and the council in formulating, submitting to referendum,
issuing, administering and enforcing a promotional order, the promotional order shall provide
for checkoff fees in amounts sufficient to defray such expenses, and shall indicate the maximum
checkoff rate which shall not exceed one percent of the market value of the year's production of
participating producers. Any increase in the maximum checkoff provided for in the promotional
order must be within the limit herein prescribed and must be approved by the majority of voting
participating producers in a referendum held for that purpose after reasonable notice of such
Subd. 1a. Dairy industry checkoff rate.
(a) Notwithstanding subdivision 1, the Minnesota
dairy research and promotion order, or any provision to the contrary in this chapter or rules
adopted under this chapter, the checkoff rate applicable to the Dairy Research and Promotion
Council must be equal to the maximum credit allowed under the Dairy Promotion and Research
Order, adopted under the Dairy Production Stabilization Act of 1983, United States Code, title 7,
sections 4501 to 4538, for producers participating in a qualified state or regional dairy product
promotion or nutrition education program. The checkoff rate provided in this subdivision is
effective and must be automatically adjusted without amendment to the Minnesota dairy research
and promotion order.
(b) Subdivision 1 applies for the establishment of the checkoff rate applicable to the Dairy
Research and Promotion Council if:
(1) the Dairy Production Stabilization Act of 1983 is repealed;
(2) the Dairy Promotion and Research Order is suspended or terminated, in which case
subdivision 1 applies only during the period of suspension or termination; or
(3) the federal credit for participation in a qualified state or regional dairy product or
nutrition education program is eliminated.
Subd. 2. Payment.
The commissioner shall establish the procedure for the timely payment of
the checkoff fee by the producer to the council. The procedure shall be clearly outlined in the
proposed promotional order. The procedure must be fair, reasonable and the checkoff fee shall be
deducted by the first purchaser at the time of sale. The first purchaser shall submit to the council
any checkoff fees so deducted once every 30 days in accordance with the commissioner's rules.
Subd. 3. Financing referendums.
The commissioner shall require producers petitioning for
a promotional order to deposit in advance an amount necessary to defray the expense of electing
the first council, formulating an order, submitting it to referendum and issuing the order. Funds
received for that purpose shall be deposited in the commodity research and promotion account. If
the order is issued, the producers shall be reimbursed when funds are available from assessments.
If the order is not issued the commissioner shall refund only that portion of the deposit remaining
after payment of expenses incurred on a pro rata basis.
Subd. 4. Deposit and use of checkoff fees.
Checkoff fees collected pursuant to sections
shall be deposited in a federally insured depository institution and shall be
disbursed by the officers and employees approved by the council for the necessary expenses
incurred in the administration of sections
. Checkoff fees collected shall be used
exclusively for the purpose collected and not to support or oppose a political party or a candidate
for nomination or election to a public office.
Subd. 5. Commodities research and promotion account.
All fees collected by the
department under sections
and any other fees and income received by the
department in the administration of these statutes shall be deposited in a separate account known
as the commodity research and promotion account in the agricultural fund. Money in the account,
including interest, is appropriated to the commissioner to carry out the duties of sections
History: 1969 c 1021 s 9; 1976 c 149 s 62 subd 2; 1981 c 41 s 1-3; 1981 c 356 s 256; 1982 c
582 s 6-8; 1987 c 384 art 2 s 5; 1989 c 350 art 5 s 1; 1993 c 172 s 21; 1999 c 231 s 31
17.60 COMPENSATION AND EXPENSES.
Each member of a council, except the commissioner, shall be entitled to a reasonable per
diem, not exceeding the same rate of compensation per day as is authorized for payment to
members of advisory councils and committees pursuant to section
15.059, subdivision 3
engaged in the performance of duties, and actual expenses incurred while attending council
meetings or executive committee meetings. Payments to council members for other official
business of the council require approval by the council.
History: 1969 c 1021 s 10; 1976 c 149 s 62 subd 2; 1982 c 582 s 9; 1986 c 444
17.61 LEGAL COUNSEL.
The council may appoint an attorney who shall act for the council and the commissioner
when required. The council shall fix the compensation and terms of employment of such attorney.
The provisions of chapter 8 shall not apply to this attorney.
History: 1969 c 1021 s 11; 1976 c 149 s 62 subd 2
17.62 COUNCIL RECORDS.
All of the records of a council, except as otherwise provided in this section, shall be open to
the public and shall be available for inspection by any person for any lawful purpose, provided,
however, that the council shall be empowered to make reasonable rules concerning the inspection
of the records, the time or place of inspection, or the manner in which the information shall be
made available. Financial information pertaining to individual participating producers shall
not be open to the public.
History: 1969 c 1021 s 12; 1976 c 149 s 62 subd 2; 1982 c 582 s 10
17.63 REFUND OF FEES.
(a) Any producer, except a producer of potatoes in area number one, as listed in section
17.54, subdivision 9
, a producer of wheat or barley, or a producer of cultivated wild rice, may,
by the use of forms to be provided by the commissioner and upon presentation of such proof as
the commissioner requires, have the checkoff fee paid pursuant to sections
or partially refunded, provided the checkoff fee was remitted on a timely basis. The request
for refund must be received in the office of the commissioner within the time specified in the
promotion order following the payment of the checkoff fee. In no event shall these requests for
refund be accepted more often than 12 times per year. Refund shall be made by the commissioner
and council within 30 days of the request for refund provided that the checkoff fee sought to be
refunded has been received. Rules governing the refund of checkoff fees for all commodities shall
be formulated by the commissioner, shall be fully outlined in the promotion order, and shall be
available for the information of all producers concerned with the referendum.
(b) The commissioner must allow partial refund requests from corn producers who have
checked off and must allow for assignment of payment to the Minnesota Corn Growers
Association if the Minnesota Corn Research and Promotion Council requests such action by the
(c) The Minnesota Corn Research and Promotion Council shall not elect to impose
membership on any individual producer not requesting a partial refund or assignment of payment
to the association.
(d) For any wheat, barley, or cultivated wild rice for which the checkoff fee must be paid
pursuant to sections
and for which a checkoff fee or fee that serves a comparable
purpose in a jurisdiction outside Minnesota had been previously paid for the same wheat, barley,
or cultivated wild rice, the producer of the wheat, barley, or cultivated wild rice is exempt from
payment of the checkoff fee. The commissioner, in consultation with the Wheat Research and
Promotion Council, Barley Research and Promotion Council, and Cultivated Wild Rice Research
and Promotion Council, shall determine jurisdictions outside of Minnesota which collect a
checkoff fee or fee that serves a comparable purpose. In order to qualify for the exemption,
the producer must demonstrate to the first purchaser that a checkoff fee or fee has been paid
to such a jurisdiction.
History: 1969 c 1021 s 13; 1976 c 149 s 62 subd 2; 1982 c 582 s 11; 1986 c 444; 1990 c 477
s 1; 1991 c 191 s 1; 1992 c 513 art 2 s 14; 1994 c 452 s 4; 1Sp2001 c 2 s 30
17.64 TERMINATION OF ORDER.
Subdivision 1. By council.
The council after consultation with the commissioner and by a
majority vote shall suspend or terminate a promotional order whenever it finds, after a public
hearing, that an order is contrary to or does not effectuate the purposes or provisions of sections
, provided that the suspension or termination shall not become effective until
the expiration of the current marketing year.
Subd. 2. By referendum.
Upon petition of the same number of producers as required to
initiate the promotional order, the commissioner shall within 60 days conduct a referendum to
determine whether or not the promotional order shall be continued. The commissioner shall
terminate the order at the end of the current marketing year if a majority of the producers
voting in the referendum vote in favor of termination. The petition of producers shall include
a statement certifying that the signatures are those of qualified producers of the commodity
involved. The commissioner shall not conduct a referendum for termination of a promotional
order if a referendum for termination of the same promotional order has been conducted within
the preceding year.
History: 1969 c 1021 s 14; 1976 c 149 s 62 subd 2; 1982 c 424 s 130; 1982 c 582 s 12;
1986 c 444; 1997 c 187 art 3 s 7
17.66 PERMITTED ACTIVITIES.
No activity, including meetings, undertaken in pursuance of the provisions of sections
and intended to benefit the producers, handlers and processors of such agricultural
commodity shall be deemed or considered illegal or in restraint of trade.
History: 1969 c 1021 s 16
17.67 PENALTY FOR VIOLATIONS.
Any person who violates any provision of sections
or any rule of the
commissioner promulgated pursuant to sections
is guilty of a misdemeanor. Any
first handler who fails to make collections or to file a return or to pay any assessment within the
time required by sections
, or who files a falsified return, shall be liable to the
council for the amount due, plus a penalty of six percent of the amount due, plus one percent of
the amount for each month of delay. If satisfied that the delay was excusable, the council may
return all or any part of the penalty. Penalties shall be paid to the council and disposed of as
provided with respect to other money collected under sections
History: 1969 c 1021 s 17; 1976 c 149 s 62 subd 2; 1982 c 582 s 13
17.69 NONLIABILITY OF STATE.
No liability shall be imposed upon the state of Minnesota for any acts or omissions of the
commissioner or any council established pursuant to sections
History: 1969 c 1021 s 19; 1976 c 149 s 62 subd 2
shall be known and may be cited as the "Agricultural Marketing
and Bargaining Act of 1973."
History: 1973 c 736 s 1
17.692 DECLARATION OF POLICY.
Agricultural products are produced in Minnesota by many individual farmers, ranchers, and
handlers scattered throughout the state. The efficient production and marketing of agricultural
products by farmers, ranchers, and handlers is of vital concern to their welfare and to the
general economy of Minnesota. The marketing and bargaining position of individual farmers,
ranchers, and handlers will be adversely affected unless they are free to join together voluntarily
in cooperative organizations as authorized by law. Interference with this right is contrary to the
public interest, adversely affects the free and orderly flow of goods in interstate and foreign
commerce, and affects the welfare of the people of Minnesota. It is, therefore, declared to be the
policy of this state and the purpose of this chapter to establish standards of fair practices required
of handlers and producers in their dealings in agricultural products and to encourage settlement of
disputes between handlers and producers of agricultural products.
History: 1973 c 736 s 2; 1998 c 373 s 2
Subdivision 1. Scope.
For the purposes of sections
, the terms defined in
this section have the meanings given them.
Subd. 2. Association; association of producers.
"Association" or "association of producers"
means an association of producers of agricultural commodities engaged in marketing, bargaining,
shipping, or processing an agricultural commodity into agricultural products on behalf of its
members who are producers of the agricultural commodity, which has been accredited by the
Subd. 3.[Repealed, 1996 c 310 s 1
Subd. 4. Producer.
"Producer" means any person, who in any one calendar year within the
previous two calendar years, produces or causes to be produced any agricultural commodity in
quantity beyond the person's own family use, and who is able to transfer, during the calendar year,
to a handler or an association a merchantable title to the agricultural commodity or provide
management, labor, machinery, facilities, or any other production input, with the assumption of
risk, for the production of the agricultural commodity under a written contract.
Subd. 5. Agricultural commodity.
"Agricultural commodity" includes all agricultural
goods produced under contract for marketing as defined by the commissioner of agriculture. It
does not include any commodity sold by a producer to another producer for the other's own
exclusive use and not for resale. The kinds, types and subtypes of products to be classed together
as an agricultural commodity for the purposes of sections
shall be determined by
the commissioner on the basis of common usage and practice.
Subd. 6. Handler.
"Handler" means a person, other than an association, engaged in the
business or practice of acquiring agricultural commodities from producers or associations for
processing or sale; grading, packaging, handling, storing, or processing agricultural commodities
received from producers or associations; contracting or negotiating contracts or other
arrangements with or on behalf of producers or associations with respect to the production of any
agricultural commodity; or acting as an agent or broker for a handler in the performance of any
function or act specified above. It does not include a producer who sells at a retail establishment
which the producer owns and operates or who sells at a produce market, agricultural commodities
produced by the producer and agricultural commodities produced by another producer subject to
value limitation established by the commissioner.
Subd. 7.[Repealed, 1996 c 310 s 1
Subd. 8. Marketing year.
"Marketing year" shall mean, generally, any time between the
second day of February of the previous calendar year and the first day of February of the
subsequent year, unless the commissioner shall determine an alternative time period for a specific
agricultural commodity to be designated as its marketing year.
History: 1973 c 736 s 3; 1986 c 444; 1998 c 373 s 3-5; 2001 c 161 s 57
Subdivision 1. Procedures.
Any association accredited under this section may engage in
bargaining as provided for under sections
(1) An association desiring accreditation shall file with the commissioner in the form
required by the commissioner. The request shall contain properly certified evidence that the
association meets the standards for accreditation and shall be accompanied by a report of the
names and addresses of member producers, the name of each handler to whom the member
producer delivered or contracted to deliver the agricultural commodity during the previous two
calendar years. A fee to cover the costs of the commissioner in processing the request shall be
established pursuant to chapter 14, and paid by the association when the request is filed.
(2) The commissioner shall notify all handlers named in the request for accreditation of
an association of producers. The notice must be sent to the handlers named in the request by
first class mail within ten days of the commissioner receiving the request for accreditation. The
commissioner shall maintain records indicating the date of mailing.
(3) The commissioner may require all handlers of an agricultural commodity produced in a
bargaining unit area as individuals to file within 30 days following a request, a report, properly
certified, showing the correct names and addresses of all producers of the agricultural commodity
who have delivered the agricultural commodity to the handler during the two calendar years
preceding the filing of the report.
(4) Data submitted to the commissioner by producer associations under clause (1) and by
commodity handlers under clause (3) are private data on individuals or nonpublic data, as defined
13.02, subdivision 9
Subd. 2. Bargaining unit determination.
In determination of accreditation, the
commissioner shall determine the appropriate bargaining unit by plant, but may define the
bargaining unit by processor or company if there is a history of identical contracts offered to
producers on a processor or companywide basis. This determination shall be the unit area for
the bargaining provisions of sections
as is applicable to associations and
handlers. In making a determination, the commissioner shall define as appropriate the bargaining
unit area in terms of the agricultural commodity produced, the definition of the agricultural
commodity, geographic area covered, and number of producers included as is consistent with
the following criteria:
(1) the community of interest of the producers included;
(2) the potential serious conflicts of interests among members of the proposed unit;
(3) the effect of exclusions on the capacity of the association to effectively bargain for the
bargaining unit as defined;
(4) the kinds, types, and subtypes of products to be classed together as agricultural
commodity for which the bargaining unit is proposed;
(5) whether the producers eligible for membership in the proposed bargaining unit meet the
definition of "producer" for the agricultural commodity involved;
(6) the wishes of the producers; and
(7) the pattern of past marketing of the commodity.
Subd. 3. Standards.
An association shall be accredited only if it complies with the following:
(a) The association meets the requirements of the Capper-Volstead Act, United States Code,
title 7, section 291-2.
(b) The association has submitted a copy of its bylaws which provide that: Each member of
the association shall have one vote in all votes of the membership of the association; that officers
or directors shall be elected by a majority of the members voting or by delegates representing a
majority of the membership; and that all elections shall be by secret ballot.
(c) The association would have marketing and bargaining contracts for the current or next
marketing year with more than 50 percent of the producers of an agricultural commodity who are
in the bargaining unit area. An association whose main purpose is bargaining but which processes
a surplus into a form which is not the subject of bargaining is not a processing cooperative.
The contracts with members shall specify the agricultural commodity and that the members
have appointed the association as their exclusive agent in negotiations with handlers for prices
and other terms of trade with respect to the sale and marketing of the agricultural commodity
and obligate the members of the association to dispose of their production or holdings of the
agricultural commodity through or at the direction of the association.
Subd. 4. Accreditation determination.
Within 60 days of the filing date of the request for
accreditation by an association, the commissioner shall determine whether the association shall be
accredited. If the commissioner determines that insufficient evidence was filed by the association,
the commissioner may permit the association to file an amended request for accreditation within
30 days following the determination and notification of the association. The commissioner shall
then determine, within 30 days of the filing of the amended request, whether the association shall
be accredited. An association which is denied accreditation after filing of an amended request
may not file another request for accreditation for a period of one year.
Subd. 4a. Hearing; appeal.
Within 30 days of a decision by the commissioner denying
accreditation to an association, the association may request a hearing before the commissioner.
The commissioner shall then conduct a hearing to determine whether the association shall be
accredited. This hearing shall be governed by the provisions of sections
. If the
commissioner, after this hearing has been held, determines that the association should not be
accredited, the association may appeal this decision in accordance with sections
Only an association denied certification after such hearing may appeal under this chapter.
Subd. 5. Date of accreditation.
Accreditation of the association by the commissioner shall
be effective upon receipt by the association of the notice of accreditation from the commissioner.
Subd. 6. Revocation.
The commissioner shall consider revocation of accreditation upon any
of the following conditions:
(a) Upon receipt of a request from an accredited association for its own disaccreditation.
(b) Upon receipt of a petition requesting that the accredited association be disaccredited
and bearing the signatures of at least ten percent of the producers of an accredited association
in the bargaining unit. Within ten days following the receipt of a petition bearing the signatures
of at least ten percent of the producers of an accredited association in a bargaining unit, the
commissioner shall order a referendum, to take place at least seven days but not more than 20
days after the order, among the members of the accredited association and if in the referendum
50 percent of association members approve, the association accreditation shall be revoked by
the commissioner. The commissioner shall have representatives of the department present at the
referendum vote to conduct the referendum and take action to prevent unfair practices by the
association of producers or handlers to obstruct or influence voting. Tabulation of the vote is the
responsibility of the department. The department may adopt rules governing any referendum for
repeal of accreditation. A request for a revocation of accreditation may occur only during the first
three months of a marketing year.
Subd. 7. Representation.
The accredited association shall represent all member producers
who are in the bargaining unit area and it shall act as exclusive sales agents for the members
of the accredited association in the bargaining unit area in negotiations with handlers. The
association may not assess, bargain for, or claim to represent those producers who choose not to
be represented by the association or choose not to have a bargaining committee bargain for them.
History: 1973 c 736 s 4; 1975 c 88 s 1,2; 1982 c 424 s 130; 1986 c 444; 1998 c 373 s
6-10; 2001 c 161 s 57
17.695 MARKETING AND BARGAINING COMMITTEE.
Subdivision 1. Establishment.
After accreditation of the association, the association shall
establish and authorize a marketing and bargaining committee to negotiate, as the association's
exclusive agent, with handlers for the sale and marketing of the agricultural commodity for
which the association was accredited.
Subd. 2. Membership.
This committee shall be comprised of members of the association
elected by the association in a secret ballot election, except that the association may contract
with legal counsel who shall, at the discretion of the association, be eligible for membership on
Subd. 3. Eligibility.
The production of the agricultural commodity shall comprise a
significant portion of the total producing operation of each committee member.
Subd. 4. Ineligible members.
Members who have any quantity contracted with a producer
owned and controlled processing cooperative are not eligible to serve on a marketing and
bargaining committee for such a commodity.
History: 1973 c 736 s 5
17.696 UNFAIR PRACTICES OF HANDLERS AND ASSOCIATIONS.
Subdivision 1. Unfair practices by handler.
Producers of agricultural commodities are free
to join together voluntarily in associations as authorized by law without interference by handlers.
A handler shall not engage in any of the following practices, defined as unfair practices:
(a) To coerce a producer in the exercise of the right to join and belong to or to refrain from
joining or belonging to an association or to refuse to deal with a producer because of the exercise
of the right to join and belong to an association.
(b) To discriminate against a producer with respect to price, quantity, quality or other terms
of purchase, acquisition or other handling of agricultural products because of membership in or
contract with an association.
(c) To coerce or intimidate a producer to breach, cancel or terminate a membership agreement
or marketing contract with an association or a contract with a handler.
(d) To pay or loan money, give anything of value or offer any other inducement or reward to
a producer for refusing or ceasing to belong to an association.
(e) To make or circulate unsubstantiated reports about the finances, management or activities
of associations or other handlers.
(f) To conspire, combine, agree or arrange with any other person to do or aid or abet the
doing of any practice which is in violation of sections
(g) To refuse to bargain with an association with whom the handler has had prior dealings or
with an association whose producers in the bargaining units have had dealings with the handler
prior to July 1, 1973.
Subd. 2. Unfair practices by association.
An association shall not engage nor permit an
employee or agent to engage in the following practices, defined as unfair practices:
(1) coerce a producer in the exercise of the right to join and belong to or to refrain from
joining or belonging to an association or refuse to deal with a producer because of the exercise of
the right to join and belong to or refrain from joining an association;
(2) enter into a contract which discriminates against a producer represented by that
(3) act in a manner contrary to the bylaws of the association;
(4) coerce or intimidate a handler to breach, cancel, or terminate an agreement or marketing
contract with an association or a contract with a producer;
(5) make or circulate unsubstantiated reports about the finances, management, or activities of
other associations or handlers; or
(6) conspire, combine, agree, or arrange with another person to do or aid or abet the doing of
any practice which is in violation of sections
History: 1973 c 736 s 6; 1986 c 444; 1998 c 373 s 11; 2001 c 161 s 57
17.697 INFORMATIONAL EXCHANGES; DISPUTE RESOLUTION.
Subdivision 1. Definition.
As used in sections
, "informational exchange"
means the mutual obligation of a handler and an association or their designated representatives
to meet at a mutually agreed upon time in conformance with sections
confer and provide information about their expectations for the upcoming marketing year. The
informational exchange must be a serious, fair, and reasonable attempt to reach agreement by
acknowledging or refuting with reason points brought up by either party with respect to the terms
and conditions of a contract relative to trading between handlers and producers of the agricultural
commodity. The topics may include, but are not limited to, the following:
(1) prices and terms of sale;
(2) quality specifications;
(3) quantity to be marketed by acreage or weight;
(4) transactions involving products and services utilized by one party and provided by
the other party; and
(5) checkoff procedures pursuant to assessments levied by the association whereby a portion
of the producers' annual production payments under a contract are collected by handlers from
producers within the bargaining unit and paid to the association on some other arrangement.
Subd. 2. First two meetings.
The handler and an association of producers or their designated
representatives shall meet at least two times for informational exchanges prior to 60 days before
the beginning of the marketing year. Neither party, however, is required to disclose proprietary
business or financial records or information. Both parties shall inform the department in writing
of the time of both informational exchanges at least ten days prior to the first meeting. Verification
of completion of training in negotiation, as described in section
, must be included with the
notification sent to the commissioner.
Subd. 3. Continuing negotiations.
After the conclusion of the second informational
exchange and no agreement is reached, negotiations may continue between the parties at mutually
agreed upon times. Mediation may be requested in accordance with this section by any party.
Subd. 4. Agreement not required.
The parties may reach agreement for a contract during
the informational exchanges. However, the obligation to meet for informational exchanges does
not require either party to agree to a proposal, to make a concession, or to enter into a contract.
Subd. 5. If no agreement is reached.
If an agreement is not reached during the informational
exchanges, negotiations must be considered to continue and either party may request mediation as
provided in this section. Negotiations may continue without mediation and an agreement may
be reached without the use of mediation. Negotiations must be a serious, fair, and reasonable
attempt to reach agreement by acknowledging or refuting with reason points brought up by either
party with respect to the terms and conditions of a contract relative to trading between handlers
and producers of the agricultural commodity. A request for mediation requires both parties to
the negotiation to complete the mediation process described in this section, but does not obligate
either party to agree to a proposal, to make a concession, or to enter into a contract. However,
the parties are required to perform according to any agreement reached at the conclusion of
the mediation process.
Subd. 6. Mediation request.
An association of producers or a handler may request mediation
only within ten days after the second informational exchange meeting. Written notice requesting
mediation must be mailed to the commissioner and postmarked within ten days of the second
informational exchange, with a copy to the nonrequesting party, and the notice for mediation must
contain the last offer made by the party requesting mediation. Within three days after receiving
the request for mediation, the commissioner shall require the nonrequesting party to provide
reasons for rejecting the last offer made by the requesting party and revisions to the last offer
that might be required to reach an agreement. The nonrequesting party will have five days from
the date of the postmark to provide a response to the commissioner and also provide a copy of
the response to the requesting party. The commissioner shall request the American Arbitration
Association or a comparable dispute resolution organization to make available a list of at least
three qualified mediators, but not more than six, for the parties to select one individual to mediate
the dispute. Qualified mediators are those who have met the training requirements of Rule
of the Minnesota General Rules of Practice for the District Courts, are familiar with sections
, and have served as mediator in at least three other commercial disputes or have
commensurate experience. The handler and the association may agree on a mediator or, failing
agreement, the commissioner may select the mediator from the list provided by allowing each
party to strike one mediator and choosing one from the remaining names on the list.
Subd. 7. Mediation rules.
The American Arbitration Association mediation rules must be
followed during the mediation process. If there is a conflict between those rules and this statute,
the statute prevails. Any information shared in the mediation process or offers to settle are to be
considered confidential and must not be used against either party in any other proceeding, court
action, or dispute resolution process unless otherwise discoverable from outside of the mediation
Subd. 8. Duration of mediation.
The mediation process must conclude not more than 20
days after the mediator has been selected and notified by the department. If the mediator feels
that additional time may result in an agreement between the parties, the mediator may extend the
mediation process for an additional five days. However, the mediation must conclude, under any
circumstance, no later than 15 days prior to the start of the marketing year, unless the parties agree
to a different date, but no later than the first day of the marketing year.
Subd. 9. Mediation costs.
All costs for retaining a mediator and proceedings during the
mediation process must be shared equally by both parties.
Subd. 10. Subpoenas.
The commissioner has the subpoena authority to compel participation
in the mediation process for either party after the informational exchanges.
Subd. 11. Enforceability.
Any final written agreement reached during the mediation
procedure is enforceable under the law and in the courts of this state. The parties are not required
to reach an agreement, but they are required to proceed through the mediation process as outlined
in this section.
Subd. 12. Binding arbitration.
If an agreement is not reached during the mediation process,
and upon written consent by both parties, binding arbitration as set forth in this chapter may be
used to create a contract or resolve the dispute.
Subd. 13. Notification.
The parties shall each notify the commissioner after the end of the
mediation period, if an agreement has not been reached, of their desire to use binding arbitration
to settle the dispute. An arbitrator must be selected as provided in subdivision 18. The notification
must include its final offer in which it shall identify all matters as to which the parties agree
with contractual language setting forth these agreements and all matters as to which the parties
do not agree with contractual language setting forth the party's final offer for resolution of those
Subd. 14. Process.
For all matters submitted to arbitration, the arbitrator may choose
between the final offers of the parties or fashion a different solution between, but not exceeding,
the final offers of the parties. If the parties reach an agreement on the matters under arbitration
before the arbitrator issues a decision, they may submit a joint final offer that the arbitrator
shall accept and render as the decision. The arbitrator may hold hearings and administer oaths,
examine witnesses and documents, take testimony and receive evidence, and issue subpoenas to
compel the attendance of witnesses and the production of records. A person who fails to obey the
subpoena of an arbitrator may be punished for contempt of court on application by the arbitrator
to the district court for the county in which the failure occurs. The arbitrator may use other
information in addition to that provided by or elicited from the parties. The arbitrator shall issue a
decision within ten days of the commencement of arbitration and that decision is binding on the
parties. If the parties reach an agreement on the matters in the arbitrator's decision prior to signing
the contract, they may submit a joint final offer to the arbitrator. The arbitrator shall rescind the
previous decision and accept and render the joint final offer as the decision.
Subd. 15. Contract.
Within five days after the arbitrator's decision, the handler shall
prepare a contract that must include all terms agreed to by the parties in bargaining or awarded
in arbitration and shall present the contract to the association of producers who must accept the
terms of the contract within five days of its presentation.
Subd. 16. List of arbitrators.
The commissioner, in consultation with the American
Arbitration Association or comparable dispute resolution organization, shall establish a list of
arbitrators who are qualified by education, training, and experience to carry out the responsibilities
of an arbitrator under this section.
Subd. 17. Costs of arbitration.
All costs of arbitration must be borne equally by the
parties. The arbitrator shall submit a statement of charges and expenses to the parties and to the
commissioner. Each party shall pay the arbitrator directly.
Subd. 18. Selection of arbitrator.
The arbitrator must be selected by the commissioner. The
commissioner shall submit a list composed of the names of three persons knowledgeable in the
marketing of the agricultural commodity from which the arbitrator must be chosen. Qualified
arbitrators are those who have met the training requirements of Rule
of the Minnesota
General Rules of Practice for the District Courts, are familiar with sections
have served as an arbitrator in at least three other commercial disputes or have commensurate
experience. The selection must be made by the association representative and the handler
representative, each striking one name from the list. If two names remain, the commissioner shall
decide which one is the arbitrator.
History: 1973 c 736 s 7; 1975 c 88 s 3; 1986 c 444; 1998 c 373 s 12; 2001 c 161 s 57
17.698 FACTORS TO BE CONSIDERED IN MEDIATION AND ARBITRATION.
All decisions of mediation and arbitration which result from section
the following factors:
(1) prices or projected prices for the agricultural commodity paid by the competing handlers
in the market area or competing market areas worldwide;
(2) amount of the commodity produced or projections of production in the production area or
competing marketing areas worldwide;
(3) relationship between the quantity produced and the quantity handled by the handler;
(4) the producers cost of production including the cost which would be involved in paying
farm labor a fair wage rate and providing them with adequate housing;
(5) the efficiency of farm operations of similar size and the projected prices of alternative
agricultural commodities grown in the market area;
(6) the cost of production of similar sized handlers;
(7) the average consumer prices for goods and services, commonly known as the cost of
(8) the component of the agricultural commodity that makes up the producer's income;
(9) the impact of the award on the competitive position of the handler in the marketing
area or competing areas worldwide;
(10) the impact of the award on the competitive position of the agricultural commodity in
relationship to competing commodities;
(11) a fair return on investment;
(12) kind, quality, or grade of the commodity involved;
(13) stipulation of the parties; and
(14) other factors which are normally or traditionally taken into consideration in determining
prices, quality, quantity, and the costs of other services involved.
History: 1973 c 736 s 8; 1998 c 373 s 13
17.70 VIOLATION PROCEDURE.
Subdivision 1. Commissioner's duties.
For the purpose of sections
the commissioner may receive complaints with respect to violations or threatened violations.
The commissioner may make all necessary investigations, examinations or inspections of any
violation or threatened violation specified in the sworn complaint filed with the commissioner.
If, upon such investigation, the commissioner considers that there is reasonable cause to believe
that the person charged has committed a practice in violation of sections
commissioner shall issue and cause to be served a complaint upon the person. The complaint shall
summon the person to a hearing before the commissioner at the time and place fixed.
Subd. 2. Findings of fact; order.
If the commissioner determines that the person complained
of has committed a practice in violation of sections
, the commissioner shall
state findings of fact and shall issue and cause to be served on the person an order to cease the
violation and shall order further affirmative action as will effectuate the policies of sections
Subd. 3. Dismissal.
If the commissioner is of the opinion that the person complained of has
not committed a practice in violation of sections
, the commissioner shall make
findings of fact and issue an order dismissing the complaint.
Subd. 4. Modification or set aside.
Until the record in a case has been filed in a court the
commissioner may, at any time upon reasonable notice and in such manner as the commissioner
deems proper, modify or set aside, in whole or in part, any finding or order made or issued, with
jurisdiction for such a change specified in additional findings of fact.
Subd. 5. Enforcement.
The commissioner may request the attorney general of the state of
Minnesota to seek the appropriate temporary relief or restraining order of injunction in district
court to insure the enforcement of the commissioner's findings.
History: 1973 c 736 s 10; 1986 c 444; 1998 c 373 s 14-16; 2001 c 161 s 57
17.702 NEGOTIATION CLASSES REQUIRED.
Upon accreditation of an association of producers, at least two members of bargaining
teams from both the association and the handler named in the application must attend
instructional classes covering negotiation, mediation, arbitration, and facilitation approved by the
commissioner. The instruction period must be at least three hours. The informational exchanges
may not commence unless certificates of completion are on file with the commissioner. After an
association has been accredited for a period exceeding one year, the association and the handler
must have at least one member of their bargaining team in informational exchanges or negotiations
complete training in the previous year of at least three hours in negotiation, mediation, arbitration,
and facilitation, as described in this section, before the dates for informational exchanges are
determined. Verification of training must accompany the notification to the commissioner that
informational exchanges are scheduled.
History: 1998 c 373 s 18
DISCLOSURE OF PRODUCTION CONTRACT TERMS
17.710 AGRICULTURAL PRODUCTION CONTRACTS.
A production contract entered into, renewed, or amended on or after July 1, 1999, between
an agricultural producer and a processor of agricultural products must not contain provisions that
prohibit the producer from disclosing terms, conditions, and prices contained in the contract. Any
provision prohibiting disclosure by the producer is void.
History: 1999 c 231 s 32
AGRICULTURAL LAND PRESERVATION AND CONSERVATION
17.80 STATE AGRICULTURAL LAND PRESERVATION AND CONSERVATION
Subdivision 1. Policy.
It is the policy of the state to preserve agricultural land and conserve
its long-term use for the production of food and other agricultural products by:
(a) Protection of agricultural land and certain parcels of open space land from conversion to
(b) Conservation and enhancement of soil and water resources to ensure their long-term
quality and productivity;
(c) Encouragement of planned growth and development of urban and rural areas to ensure
the most effective use of agricultural land, resources and capital; and
(d) Fostering of ownership and operation of agricultural land by resident farmers.
Subd. 2. Methods.
The legislature finds that the policy in subdivision 1 will be best met by:
(a) Defining and locating lands well suited for the production of agricultural and forest
products, and the use of that information as part of any local planning and zoning decision;
(b) Providing local units of government with coordinating guidelines, tools and incentives
to prevent the unplanned and unscheduled conversion of agricultural and open space land to
(c) Providing relief from escalating property taxes and special assessments and protection of
normal farm operations in agricultural areas subject to development pressures;
(d) Development of state policy to increase implementation of soil and water conservation
(e) Assuring that state agencies act to maximize the preservation and conservation of
agricultural land and minimize the disruption of agricultural production, in accordance with local
social, economic and environmental considerations of the agricultural community;
(f) Assuring that public agencies employ and promote the use of management procedures
which maintain or enhance the productivity of lands well suited to the production of food and
other agricultural products;
(g) Guiding the orderly development and maintenance of transportation systems in rural
Minnesota while preserving agricultural land to the greatest possible extent;
(h) Guiding the orderly construction and development of energy generation and transmission
systems and enhancing the development of alternative energy to meet the needs of rural and urban
communities and preserve agricultural land to the greatest possible extent by reducing energy
costs and minimizing the use of agricultural land for energy production facilities; and
(i) Guiding the orderly development of solid and hazardous waste management sites to meet
the needs and safety of rural and urban communities and preserve agricultural land to the greatest
possible extent by minimizing the use of agricultural land for waste management sites.
History: 1982 c 512 s 1
Subdivision 1. Applicability.
For the purposes of sections
, the terms defined
in this section have the meanings given them.
Subd. 2. Action which adversely affects.
"Action which adversely affects" means any of
the following actions taken in respect to agricultural land which have or would have the effect
of substantially restricting the agricultural use of the land: (1) acquisition for a nonagricultural
use except acquisition for any unit of the outdoor recreation system described in section
other than a trail described in subdivision 4 of that section; (2) granting of a permit, license,
franchise or other official authorization for nonagricultural use; (3) lease of state-owned land for
nonagricultural use except for mineral exploration or mining; or (4) granting or loaning of state
funds for purposes which are not consistent with agricultural use.
Subd. 3. Agricultural land.
"Agricultural land" means land which is in agricultural use, and
which has been identified as agricultural land by a local unit of government pursuant to sections
, or which is composed of
predominantly class I, II, III, or IV soils as identified in the land capability classification system
of the United States Department of Agriculture Soil Conservation Service and the county soil
survey, if completed.
Subd. 4. Agricultural use.
"Agricultural use" means use of land for the production of
livestock, dairy animals, dairy products, poultry and poultry products, fur bearing animals,
horticultural and nursery stock which is under sections
, fruit of all kinds,
vegetables, forage, grains, bees, and apiary products. Wetlands, pasture and woodlands
accompanying land in agricultural use shall be considered to be in agricultural use.
Subd. 5. Agency.
"Agency" means a department identified in section
, and any
other agency of the state whose actions are by virtue of other law governed by the provisions
Subd. 6.[Repealed, 1996 c 310 s 1
History: 1982 c 512 s 2
17.82 PROHIBITED AGENCY ACTION.
Any agency action which the agency determines will adversely affect ten acres or more of
agricultural land shall be referred to the commissioner to be reviewed and acted upon as provided
. No agency shall take any action which adversely affects ten acres or more of
agricultural land without first attempting to find alternative methods or locations for the action or
otherwise attempting to reduce the adverse affects. If, after evaluating the alternatives, the agency
determines that the benefit to the state from preserving the agricultural use of the land is less than
the cost of implementing an alternative action, the agency shall inform the commissioner of
that determination in writing.
An agency action is not subject to review under this section or section
if the action is
reviewed as required by chapter 116D and the environmental review rules adopted under that
chapter, or if a political subdivision is required by law to review and approve the action.
History: 1982 c 512 s 3
17.84 DUTIES OF COMMISSIONER.
Within 30 days of the receipt of the notice provided in section
, the commissioner shall
review the agency's proposed action, shall negotiate with the agency, and shall recommend to
the agency in writing the implementation either of the action as proposed or an alternative. In
making recommendations, the commissioner shall follow the statement of policy contained in
. If the agency receives no response from the commissioner within 30 days, it shall
be deemed a recommendation that the agency take the action as proposed.
History: 1982 c 512 s 5; 1995 c 233 art 2 s 35
LIVESTOCK PRODUCTION POLICY
17.844 LIVESTOCK PRODUCTION POLICY.
(a) The policy of the state is to promote livestock production on family farms under a broad
range of management systems that are environmentally sound and meet all legal requirements of
all jurisdictions, including federal, state, county, town, city, and watershed district requirements.
(b) In order to promote livestock production on family farms, state agencies when appropriate
shall, to the extent allowed by law:
(1) promote the establishment of livestock enterprises on family farms;
(2) promote environmental protection and water quality improvement through increased
livestock production that results in controlling runoff through increased acreage of hay, pasture,
and small grains; and
(3) promote more farms to use agronomically applied manure to increase the water holding
capacity of the soil and control erosion.
History: 2004 c 254 s 2
LABORATORY SERVICES ACCOUNT
17.85 LABORATORY SERVICES.
Subdivision 1. Account.
A laboratory services account is established in the agricultural
fund. Payments for laboratory services performed by the Laboratory Services Division of
the Department of Agriculture must be deposited in the agricultural fund and credited to the
laboratory services account. Money in the account, including interest earned on the account,
is annually appropriated to the commissioner of agriculture to administer the programs of the
Laboratory Services Division.
Subd. 2. Agriculture laboratory.
The agriculture laboratory exists to provide analytical and
technical services in support of agency programs that protect and enhance the states' agriculture,
environment, and food chain. The laboratory may provide analytical and technical services for
a fee to any public or private entity as requested or required to meet department objectives in
support of Minnesota agriculture and a national food safety system.
History: 1988 c 688 art 20 s 1; 1999 c 231 s 33; 1Sp2001 c 2 s 31
URBAN FOREST PROMOTION
17.86 URBAN FOREST PROMOTION AND DEVELOPMENT.
Subdivision 1. Overall.
The following course of action is intended as a basis for prompt
action to the maximum extent practical within the limits of state, local, and commercial resources.
The assignment of a basic responsibility to a particular agency is not intended to confer exclusive
responsibility or authority unless specifically stated, for joint action is intended as the key to a
Subd. 2. Research.
The University of Minnesota and its Extension Service in cooperation
with the commissioner of agriculture shall institute a continuing research program on tree
varieties most suitable for growth within the state; and the proper placement of individual trees
and groups of trees in new or existing commercial, industrial, and residential settings to maximize
energy saving benefits. The University of Minnesota and the commissioner shall work closely
with nurseries and other suppliers of trees to assure a constant and reliable supply of the desirable
varieties is available for planting.
Subd. 3. Information.
The University of Minnesota Extension Service, in cooperation
with the commissioners of agriculture, education, natural resources, and commerce, shall serve
as the principal agency for publishing and circulating information derived from research under
subdivision 2 among the various municipalities and individual property owners in the state. Where
practical, the Extension Service and the State Energy Office in the Department of Commerce
shall secure the advice and assistance of various energy utilities interested and concerned with
conservation. The commissioner of agriculture shall establish an information source for requests
for nursery stock, to match needs of municipalities with stocks of trees available for planting from
private and governmental sources.
Subd. 4. Transportation plantings.
The commissioner of transportation shall utilize
information on varieties and placement of trees to provide maximum forestation in rest areas and
other areas controlled by the department. The commissioner of transportation should consider
the use of trees in conjunction with solid noise walls along urban freeways to the maximum
Subd. 5. School Arbor Day activities.
The commissioners of education, agriculture, and
natural resources, with the state Arbor Month Committee and its individual public and private
members, shall jointly work to expand and strengthen programs available to all levels of schools
in forestry education and shall encourage reinstitution of Arbor Day activities. Information on
desirable shade tree varieties and efficient spacing and location of shade trees shall be made
available for use in related adult education courses.
Subd. 6. Municipal action.
A city of the first or second class shall, by ordinance, require
of the developer the use of properly placed trees in new subdivisions and plantings on lands
dedicated to parks and open spaces. Cities of the third and fourth class may adopt such ordinances.
Counties may assist and encourage the smaller cities in tree planting programs. A municipality
may contract on a long-term basis with nurseries and shade tree wholesalers to assure continued
availability of nursery stock of the desirable shade tree varieties.
History: 1990 c 445 s 1; 1Sp1995 c 3 art 16 s 13; 1Sp2001 c 4 art 6 s 11; 2003 c 130 s 12
17.861 REPLACEMENT OF MERCURY MANOMETERS.
The commissioner, in cooperation with the Pollution Control Agency, dairy equipment
manufacturers and suppliers, and other interested parties, shall develop a program to provide
replacement nonmercury manometers for a $50 fee and to arrange for the acceptance, disposal, and
recycling of the mercury, apparatus, and manometers at no cost to the dairy farmer. The mercury,
manometers, and apparatus shall be managed in accordance with sections
History: 1997 c 216 s 26; 1Sp2005 c 1 art 2 s 161
Subdivision 1. Applicability.
The definitions in this section apply to sections
Subd. 1a. Agricultural contract.
"Agricultural contract" means any written contract between
a contractor and a producer, but does not include a contract between a grain buyer licensed under
223.17, subdivision 1
, who purchases grain from a producer as a merchant or seller of
grain and does not contract with the producer to grow or raise the crops producing the grain.
Subd. 2. Agricultural commodity.
"Agricultural commodity" means a material produced for
use in or as food, feed, seed, or fiber and includes crops for fiber, food, oilseeds, seeds, livestock,
livestock products, poultry, poultry products, and other products or by-products of the farm
produced for the same or similar use.
Subd. 3. Contractor.
"Contractor" means a person who in the ordinary course of business
buys agricultural commodities grown or raised in this state or who contracts with a producer to
grow or raise agricultural commodities in this state.
Subd. 3a.[Renumbered subd 3c]
Subd. 3b. Grain.
"Grain" has the meaning given in section
223.16, subdivision 4
Subd. 3c. Legible type.
"Legible type" means a typeface at least as large as ten-point modern
type, one-point leaded.
Subd. 4. Producer.
"Producer" means a person who produces or causes to be produced an
agricultural commodity in a quantity beyond the person's own family use and:
(1) is able to transfer title to another; or
(2) provides management, labor, machinery, facilities, or any other production input for
the production of an agricultural commodity.
History: 1990 c 517 s 1; 2000 c 470 s 1-3; 2002 c 373 s 4,5
17.91 REQUIRED LANGUAGE.
Subdivision 1. Mediation; arbitration.
A contract for an agricultural commodity between a
contractor and a producer must contain language providing for resolution of contract disputes
by either mediation or arbitration. If there is a contract dispute, either party may make a written
request to the commissioner for mediation or arbitration services as specified in the contract, to
facilitate resolution of the dispute.
Subd. 2. Written disclosure of risks.
An agricultural contract must be accompanied by a
clear written disclosure setting forth the nature of the material risks faced by the producer if the
producer enters into the contract. The statement must meet the plain language requirements
. The statement may be in the form of a written statement or checklist and
may be developed in cooperation with producers or producer organizations. A contractor may
submit a sample material risk disclosure statement to the commissioner for examination. If the
commissioner approves of the statement or fails to respond within 30 days of receipt of the
statement, the statement will be deemed to comply with this subdivision and with the plain
language requirements of section
History: 1990 c 517 s 2; 2000 c 470 s 4
17.92 RECAPTURE OF CAPITAL INVESTMENT REQUIRED BY AN AGRICULTURAL
Subdivision 1. Notice and damages to be paid.
A contractor must not terminate or cancel
a contract that requires a producer of agricultural commodities to make a capital investment in
buildings or equipment that cost $100,000 or more and have a useful life of five or more years
(1) the producer has been given written notice of the intention to terminate or cancel the
contract at least 180 days before the effective date of the termination or cancellation or as
provided in subdivision 3; and
(2) the producer has been reimbursed for damages incurred by an investment in buildings or
equipment that was made for the purpose of meeting minimum requirements of the contract.
Subd. 2. Notice when producer breaches contract.
Except as provided in subdivision 3,
if a producer fails to comply with the provisions of a contract that requires a capital investment
subject to subdivision 1, a contractor may not terminate or cancel that contract until:
(1) the contractor has given written notice with all the reasons for the termination or
cancellation at least 90 days before termination or cancellation or as provided in subdivision 3; and
(2) the recipient of the notice fails to correct the reasons stated for termination or cancellation
in the notice within 60 days of receipt of the notice.
Subd. 3. Immediate effect of notice.
The 180-day notice period under subdivision 1, clause
(1), and the 90-day notice period and 60-day notice period under subdivision 2, clauses (1) and
(2), are waived and the contract may be canceled or terminated immediately if the alleged grounds
for termination or cancellation are:
(1) voluntary abandonment of the contract relationship by the producer; or
(2) conviction of the producer of an offense directly related to the business conducted under
History: 1990 c 517 s 3
17.93 PARENT COMPANY RESPONSIBILITY FOR CONTRACTS OF SUBSIDIARIES.
Subdivision 1. Licensing.
If a contractor is required to obtain a license to purchase
agricultural commodities, the licensing authority may require the parent company of a licensee
subsidiary to guarantee payment or contract performance as a condition of licensing.
Subd. 2. Parent company liability.
If an agricultural contractor is the subsidiary of another
corporation, partnership, or association, the parent corporation, partnership, or association is liable
to a seller for the amount of any unpaid claim or contract performance claim if the contractor
fails to pay or perform according to the terms of the contract.
History: 1990 c 517 s 4
17.94 IMPLIED PROMISE OF GOOD FAITH.
There is an implied promise of good faith as defined in section
, by all
parties in all agricultural contracts. In an action to recover damages, if the court finds that there
has been a violation of this provision, damages, court costs, and attorney fees may be recovered.
History: 1990 c 517 s 5; 2004 c 162 art 3 s 1
17.941 PRODUCER'S RIGHT TO CANCEL.
A producer may cancel an agricultural contract by mailing a written cancellation notice to the
contractor within three business days after the producer receives a copy of the signed contract, or
before a later cancellation deadline if a later deadline is specified in the contract. The producer's
right to cancel, the method by which the producer may cancel, and the deadline for canceling the
contract shall be clearly disclosed in every agricultural contract.
History: 2000 c 470 s 5
17.942 COVER SHEET REQUIREMENTS.
Subdivision 1. Mandatory cover page.
An agricultural contract entered into or substantively
amended after January 1, 2001, must contain as the first page, or first page of text if it is preceded
by a title page or pages, a cover sheet as provided in this section.
Subd. 2. Requirements.
The cover sheet or sheets must comply with section
must contain the following:
(1) a brief statement that the document is a legal contract between the contractor and the
(2) the statement "READ YOUR CONTRACT CAREFULLY. This cover sheet provides
only a brief summary of your contract. This is not the contract and only the terms of the actual
contract are legally binding. The contract itself sets forth, in detail, the rights and obligations of
both you and the contractor. IT IS THEREFORE IMPORTANT THAT YOU READ YOUR
(3) the written disclosure of material risks required by section
17.91, subdivision 2
(4) a statement detailing, in plain language, the producer's right to review the contract as
described in section
(5) an index of the major provisions of the contract and the pages on which they are found,
(i) the names of all parties to the contract;
(ii) the definition sections of the contract;
(iii) the provisions governing cancellation, renewal, or amendment of the contract by either
(iv) the duties or obligations of each party; and
(v) any provisions subject to change in the contract.
History: 2000 c 470 s 6
17.943 CONTRACT FORMAT.
Subdivision 1. Readability.
An agricultural contract must be in legible type, appropriately
divided and captioned by its various sections, and written in clear and coherent language using
words and grammar that are understandable by a person of average intelligence, education,
and experience within the industry.
Subd. 2. Exceptions.
Subdivision 1 does not apply to particular words, phrases, provisions,
or forms of agreement specifically required, recommended, or endorsed by a state or federal
statute, rule, or regulation.
Subd. 3. Customarily used terms.
An agricultural contract may include technical terms to
describe the services or property which are the subject of the contract, if the terms are customarily
used by producers in the ordinary course of business in connection with the services or property
History: 2000 c 470 s 7
17.944 REVIEW BY COMMISSIONER.
Subdivision 1. Agricultural contracts.
For purposes of this section and section
"agricultural contract" includes, where applicable, the cover sheet as defined in section
and material risk disclosure statement required by section
17.91, subdivision 2
Subd. 2. Process of review.
A contractor may submit an agricultural contract to the
commissioner for review as to whether it complies with section
. After reviewing the
contract, the commissioner shall:
(1) certify that the contract complies with section
(2) decline to certify that the contract complies with section
and note objections;
(3) decline to review the contract because the contract's compliance with section
is subject to pending litigation; or
(4) decline to review the contract because the contract is not subject to section
Subd. 3. Factors in determining readability.
In determining whether a contract or cover
sheet is readable within the meaning of section
, the commissioner shall consider at least
the following factors:
(1) the simplicity of the sentence structure;
(2) the extent to which commonly used and understood words are employed;
(3) the extent to which esoteric legal terms are avoided;
(4) the extent to which references to other sections or provisions of the contract are
(5) the Flesch scale analysis readability score as outlined in section
(6) the extent to which clear definitions are used in the text of the contract; and
(7) additional factors relevant to the contract being easy to read and understand.
Subd. 4. Process not reviewable.
Actions of the commissioner under subdivision 1 are not
subject to chapter 14 and are not appealable.
Subd. 5. Limited effect of certification.
A contract certified under subdivision 1 is deemed
to comply with section
. Certification of a contract under subdivision 1 does not constitute
an approval of the contract's legality or legal effect.
If the commissioner certifies a contract or fails to respond within 30 days of receipt of the
contract, the contractor will have complied with sections
, and the remedies
stated in subdivisions 7 and 8 are not available.
Subd. 6. Review not required.
Failure to submit a contract to the commissioner for review
under subdivision 1 does not show a lack of good faith or raise a presumption that the contract
Subd. 7. Enforcement remedies.
A violation of section
is a violation subject to
8.31, subdivision 1
. The remedies in section
8.31, subdivisions 3 and 3a
, are limited
Subd. 8. Reformation.
(a) In addition to the remedies provided in section
, a court
reviewing an agricultural contract may change the terms of the contract or limit a provision to
avoid an unfair result if it finds that:
(1) a material provision of the contract violates section
(2) the violation caused the producer to be substantially confused about any of the rights,
obligations, or remedies of the contract; and
(3) the violation has caused or is likely to cause financial detriment to the producer.
(b) If the court reforms or limits a provision of a contract, the court shall also make orders
necessary to avoid unjust enrichment. Bringing a claim for relief under this subdivision does not
entitle a producer to withhold performance of an otherwise valid contractual obligation. No relief
may be granted under this subdivision unless the claim is brought before the obligations of the
contract have been fully performed.
History: 2000 c 470 s 8
17.9441 LIMITS ON REMEDIES.
Subdivision 1. Penalties.
In a proceeding in which civil penalties are claimed from a party
for a violation of section
, it is a defense to the claim that the party made a good faith and
reasonable effort to comply with section
Subd. 2. Attorney's fees.
A party who has made a good faith and reasonable effort to
comply with section
may not be assessed attorney's fees or costs of investigation in an
action for violating section
Subd. 3. Class action attorney's fees.
In a class action or series of class actions that arise
from the use by a contractor of an agricultural contract found to violate section
amount of attorney's fees and costs of investigation assessed against that contractor and in favor
of the class or classes may not exceed $10,000.
Subd. 4. Limits on producer actions.
Violation of section
is not a defense to a claim
arising from a producer's breach of an agricultural contract. A producer may recover actual
damages caused by a violation of section
only if the violation caused the producer to not
understand the rights, obligations, or remedies of the contract.
Subd. 5. Statute of limitations.
A claim that an agricultural contract violates section
must be raised within six years of the date the contract is executed by the producer.
History: 2000 c 470 s 9
17.9442 APPLICABILITY OF CONTRACT REQUIREMENTS.
The requirements for the written disclosure of material risks under section
; the three-day review period under section
; the cover sheet requirement under section
; and the contract readability requirements under section
17.943, subdivision 1
, do not
apply to contracts which provide for:
(1) the sale and purchase of a fixed amount of a commodity for delivery at a set price;
(2) cash sale and forward delivery grain contracts for grain meeting certain specifications and
does not prescribe the time, manner, and nature of planting, cultivating, and harvesting the crop
producing the grain, including fixed price forward contracts, minimum price contracts, mini-max
contracts, basis contracts, hedge-to-arrive contracts, and delayed price contracts;
(3) contracts agreed to between a processor and an accredited bargaining organization under
(4) futures contracts which involve the sale or purchase of a standardized quantity of a
commodity for future delivery on a regulated commodity exchange;
(5) agricultural marketing contracts between a capital stock cooperative and its members
(6) occasional sales between persons who produce or cause to be produced food, feed, or
fiber in a quantity beyond their own family use.
History: 2000 c 470 s 10; 2001 c 161 s 57; 2002 c 373 s 6
17.9443 WAIVER OF CONTRACT PROVISIONS IS VOID.
Any provision of an agricultural contract which waives or attempts to waive any provision
History: 2000 c 470 s 11
The commissioner may adopt rules to implement sections
, including the
prohibition of specific trade practices.
History: 1990 c 517 s 6
17.95 DEPARTMENT OF AGRICULTURE OMBUDSMAN.
A position is created in the Department of Agriculture to provide information, investigate
complaints arising from this chapter, and provide or facilitate dispute resolutions.
History: 1990 c 517 s 7
17.97 AGRICULTURAL INPUT PREPAYMENTS.
If a producer makes a prepayment for agricultural production inputs that include but are not
limited to seed, feed, fertilizer, pesticides, or fuel for future delivery, the producer may demand
a letter of credit or bank guarantee from the provider of the inputs to ensure reimbursement
if delivery does not occur.
History: 1990 c 517 s 8
17.98 DAIRY MARKETING CONTRACTS EXCEPTED.
Dairy marketing agreements between producers and purchasers of milk are not contracts for
purposes of sections
History: 1990 c 517 s 9
ENFORCEMENT OF AGRICULTURAL LAWS
17.982 CRIMINAL AND ADMINISTRATIVE PENALTIES.
Subdivision 1. Criminal penalties.
A person who violates a provision of chapter 28A, 29,
31, 31A, 31B, or 34 for which a penalty has not been prescribed is guilty of a misdemeanor.
Subd. 2. Administrative penalties.
(a) The commissioner may, as an alternative to
misdemeanor prosecution, impose an administrative penalty on a person who violates a statute
or rule enforceable by the commissioner. For a first violation, the commissioner may impose an
administrative penalty of not more than $1,000 for each violation. For a second or succeeding
violation, the commissioner may impose an administrative penalty of not more than $1,500 for
each violation. Each day a violation continues is a separate violation.
(b) In determining the amount of the administrative penalty the commissioner may consider:
(1) the willfulness of the violation;
(2) the gravity of the violation;
(3) the person's history of past violations;
(4) the number of violations;
(5) the economic benefit from the violation; and
(6) other factors identified in the commissioner's citation.
(c) For a second or succeeding violation, the commissioner shall determine the amount of a
penalty by considering the factors in paragraph (b) and:
(1) similarity between the violations;
(2) time elapsed since the last violation; and
(3) the person's response to the most recent violation.
History: 1991 c 316 s 2; 1999 c 231 s 34; 1Sp2005 c 1 art 1 s 11
17.983 ADMINISTRATIVE PENALTIES AND ENFORCEMENT.
Subdivision 1. Administrative penalties; citation.
If a person has violated a provision of
chapter 28A, 29, 31, 31A, 31B, 32, or 34, the commissioner may issue a written citation to the
person by personal service or by certified mail. The citation must describe the nature of the
violation and the statute or rule alleged to have been violated; state the time for correction, if
applicable; and the amount of any proposed fine. The citation must advise the person to notify the
commissioner in writing within 30 days if the person wishes to appeal the citation. If the person
fails to appeal the citation, the citation is the final order and not subject to further review.
Subd. 2.[Repealed, 1Sp2005 c 1 art 1 s 98
Subd. 3. Contested case.
If a person appeals a citation or a penalty assessment within the time
limits in subdivision 1, the commissioner shall initiate a contested proceeding under chapter 14.
The report of the administrative law judge is the final decision of the commissioner of agriculture.
History: 1991 c 316 s 3; 1993 c 65 s 2; 1999 c 231 s 35; 1Sp2005 c 1 art 1 s 12,13
Subdivision 1. Authority.
To carry out the commissioner's enforcement duties under
chapter 29, 31, 31A, 32, or 34, the commissioner may, upon presenting appropriate credentials,
during regular working hours and at other reasonable times, inspect premises subject to the
commissioner's enforcement and licensing authority for reasons related to the commissioner's
enforcement and licensing authority; request information from persons with information relevant
to an inspection; and inspect relevant papers and records, including business records. The
commissioner may issue notices in lieu of citations for minor violations if a notice is in the
Subd. 2. Failure to comply.
The commissioner may administer oaths, take and cause to be
taken depositions of witnesses, and issue subpoenas, and may petition the district court in the
county in which the premises is located to compel compliance with subpoenas or to permit an
History: 1991 c 316 s 4; 1993 c 65 s 3
PASSING ON THE FARM CENTER
17.985 PASSING ON THE FARM CENTER.
Subdivision 1. Purpose; objectives.
The Passing on the Farm Center is established as
a part of Southwest Technical College in Granite Falls to assist individuals beginning farming
and family farming operations. The center shall also assist in facilitating the transition of
farming operations from established farmers to beginning farmers by creating and maintaining
an information base inventorying land and facilities available for acquisition and bringing them
together to increase the number of family farming operations in this state. The objectives of the
center include, but are not limited to, the following:
(1) using the services of a certified public accountant, real estate agents, and attorneys to
provide education in estate planning and farm transfer programs for interested retiring farmers;
(2) assessing needs of beginning farmers and retiring farmers in order to identify program
and service opportunities including developing statewide apprenticeship programs between
beginning and retiring farmers; and
(3) developing, coordinating, and delivering statewide through Southwest Technical College
in Granite Falls and other entities, as appropriate, targeted education to beginning farmers and
retiring farm families.
Subd. 2. Programs and services.
Programs and services provided by the center must
include, but are not limited to, the development of skills and knowledge in farm estate planning
and other topics related to intergenerational farm transfer. The center shall develop and distribute
a detailed questionnaire for interested retired farmers and landowners and beginning farmers for
the purpose of connecting them with each other and to develop computerized lists. The center
shall coordinate to the extent practicable with agricultural information centers.
Subd. 3. Annual report.
The center shall submit a report annually to the legislature on or
before February 1. The report shall include, but is not limited to, recommendations for methods
by which more individuals may be encouraged to enter agriculture.
History: 1995 c 220 s 41
ENTRY INTO FARM ANIMAL FACILITIES
17.986 ENTRY INTO FARM ANIMAL FACILITIES.
No law enforcement, peace, or animal control officer may enter a facility where confined
farm animals are kept unless the officer follows a procedure and directive for biosecurity measures
that are identified by the commissioner of natural resources and the Board of Animal Health.
This section does not apply to emergency or exigent circumstances.
History: 1997 c 55 s 1