2004 Minnesota Statutes

     18G.10 Export certification, inspections, certificates, 
  permits, and fees. 

    Subdivision 1.    Purpose.  To ensure continued access 
 to foreign and domestic markets, the commissioner shall provide 
 inspection and certification services to ensure that appropriate 
 phytosanitary restrictions or requirements are fully met. 

    Subd. 2.    Disposition and use of money received.  All 
 fees and penalties collected under this chapter and interest 
 attributable to the money in the account must be deposited in 
 the state treasury and credited to the nursery and phytosanitary 
 account in the agricultural fund.  Money in the account, 
 including interest earned, is appropriated to the commissioner 
 for the administration and enforcement of this chapter. 

    Subd. 3.    Cooperative agreements.  The commissioner 
 may enter into cooperative agreements with federal and state 
 agencies for administration of the export certification 
 program.  An exporter of plants or plant products desiring to 
 originate shipments from Minnesota to a foreign country 
 requiring a phytosanitary certificate or export certificate must 
 submit an application to the commissioner. 

    Subd. 4.    Phytosanitary and export certificates.  
 Application for phytosanitary certificates or export 
 certificates must be made on forms provided or approved by the 
 commissioner.  The commissioner shall conduct inspections of 
 plants, plant products, or facilities for persons that have 
 applied for or intend to apply for a phytosanitary certificate 
 or export certificate from the commissioner.  Inspections must 
 include one or more of the following as requested or required: 

    (1) an inspection of the plants or plant products intended 
 for export under a phytosanitary certificate or export 
 certificate; 

    (2) field inspections of growing plants to determine 
 presence or absence of plant diseases, if necessary; 

    (3) laboratory diagnosis for presence or absence of plant 
 diseases, if necessary; 

    (4) observation and evaluation of procedures and facilities 
 utilized in handling plants and plant products, if necessary; 
 and 

    (5) review of United States Department of Agriculture, 
 Federal Grain Inspection Service Official Export Grain 
 Inspection Certificate logs. 

    The commissioner may issue a phytosanitary certificate or 
 export certificate if the plants or plant products 
 satisfactorily meet the requirements of the importing foreign 
 country and the United States Department of Agriculture 
 requirements.  The requirements of the destination countries 
 must be met by the applicant. 

    Subd. 5.    Certificate fees.  (a) The commissioner 
 shall assess the fees in paragraphs (b) to (f) for the 
 inspection, service, and work performed in carrying out the 
 issuance of a phytosanitary certificate or export certificate.  
 The inspection fee must be based on mileage and inspection time. 

    (b) Mileage charge:  current United States Internal Revenue 
 Service mileage rate. 

    (c) Inspection time:  $50 per hour minimum or fee necessary 
 to cover department costs.  Inspection time includes the driving 
 time to and from the location in addition to the time spent 
 conducting the inspection. 

    (d) A fee must be charged for any certificate issued that 
 requires laboratory analysis before issuance.  The fee must be 
 deposited into the laboratory account as authorized in section 
 17.85. 

    (e) Certificate fee for product value greater than $250:  
 $75 for each phytosanitary or export certificate issued for any 
 single shipment valued at more than $250 in addition to any 
 mileage or inspection time charges that are assessed. 

    (f) Certificate fee for product value less than $250:  $25 
 for each phytosanitary or export certificate issued for any 
 single shipment valued at less than $250 in addition to any 
 mileage or inspection time charges that are assessed. 

    Subd. 6.    Certificate denial or cancellation.  The 
 commissioner may deny or cancel the issuance of a phytosanitary 
 or export certificate for any of the following reasons: 

    (1) failure of the plants or plant products to meet 
 quarantine, regulations, and requirements imposed by the country 
 for which the phytosanitary or export certificate is being 
 requested; 

    (2) failure to completely or accurately provide the 
 information requested on the application form; 

    (3) failure to ship the exact plants or plant products 
 which were inspected and approved; or 

    (4) failure to pay any fees or costs due the commissioner. 

    Subd. 7.    Plant protection inspections, certificates, 
 permits, and fees.  (a) The commissioner may provide 
 inspection, sampling, or certification services to ensure that 
 Minnesota plant products or commodities meet import requirements 
 of other states or countries. 

    (b) The state plant regulatory official may issue permits 
 and certificates verifying that various Minnesota agricultural 
 products or commodities meet specified phytosanitary 
 requirements, treatment requirements, or pest absence assurances 
 based on determinations by the commissioner.  The commissioner 
 may collect fees sufficient to recover costs for these permits 
 or certificates.  The fees must be deposited in the nursery and 
 phytosanitary account. 

    HIST: 2003 c 128 art 4 s 9