2007 Minnesota Statutes

17.037 ENFORCEMENT OF LAWS BY COMMISSIONER.
    Subdivision 1. Actions commenced; forfeiture of license; annulment of corporate
existence. 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
state. 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