2006 Minnesota Statutes

17.53 DEFINITIONS.
    Subdivision 1. Scope of application. As used in sections 17.51 to 17.69, 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    Subd. 4.[Repealed, 1996 c 310 s 1]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 17.51
to 17.69.
    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
determines otherwise.
    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
or without.
    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
to sections 17.51 to 17.69 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 17.51 to 17.69 and who shares
directly in the profits and risk of loss from the agricultural operation which produces or grows
the commodity.
    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