Sections 1 and 2 [Reports] remove reporting duties to Environmental Quality Board and the Legislature on sustainable agriculture and integrated pest management.
Section 3 [Household pesticide disposal sites] allows the Minnesota Department of Agriculture (MDA) to provide household waste pesticide collection through a group of counties under a joint powers agreement or contract.
Section 4 [Indemnification] provides that local waste pesticide collection employees under a cooperative agreement with the MDA to be treated as state employees for the purposes of indemnification under the state tort claims act.
Section 5 [Agricultural pesticide dealer pesticide invoice] allows agricultural pesticide dealers to get a hardship exemption on showing the actual state gross sales fee paid on the receipt.
Section 6 [Infested definition; plant protection law] modifies the “infested” definition to include harboring plant pests in a quantity to threaten other plants.
Section 7 [Tree care provider registry] provides that only persons or businesses who hire persons must provide tree care must register with the MDA.
Section 8 [Plant treatment process inspection] allows the MDA to provide inspection, sampling, and other certification services for plant treatment processes.
Section 9 [Misuse of a certificate or permit] prohibits the misuse of plant protection law certificates or permits.
Section 10 [Infested definition; nursery law] modifies the “infested” definition to include harboring plant pests in a quantity to threaten other plants.
Section 11 [Nonhardy definition; nursery law] defines “nonhardy” for the purposes of the nursery law.
Section 12 [Storage of nursery stock] provides that balled and burlapped nursery stock must be kept in a moisture-holding material approved by the Commissioner of Agriculture.
Section 13 [Labeling nursery stock] requires nursery stock collected in the wild to be labeled “collected from the wild” and nonhardy nursery stock must be labeled “nonhardy.”
Sections 14 to 27 [Inspection and enforcement] provide for the inspection and enforcement of laws relating to wholesale produce dealers, grain buyers, warehouses, and grain storage under current MDA powers for plant protection and nurseries.
Section 28 [Vegetable seed labeling] provides for the option of labeling vegetable seed containers of any size with the number of seeds.
Section 29 [Flower seed labeling] provides for the option of labeling flower seed containers of any size with the number of seeds.
Section 30 [Commercial feed definition] exempts feed produced and used by a distributor from the definition of “commercial feed.”
Section 31 [Technical] updates statutory language in the food law related to the MDA laboratory.
Section 32 [Organic agriculture report] provides that the MDA must report on organic agriculture every five years instead of every two years and simplifies the reporting requirements.
Section 33 [Quarantine zones] removes limitations on quarantine zones ordered by the Board of Animal Health to restrict the movement of livestock when an emergency is declared for a disastrous animal disease.
Section 34 [Restrictions on movement] modifies the Board of Animal Health’s authority to restrict movement when an emergency is declared for a disastrous animal disease.
Section 35 [Agricultural land preservation program report] makes the agricultural land preservation program report a biennial report due by March 1 of each even-numbered year.
Section 36 [Biofuel blender pumps] allows for grants for biofuel blender pumps under the agricultural growth, research, and innovation (AGRI) program.
Section 37 [AGRI program extension] extends the sunset date of the AGRI program another two years to 2015.
Section 38 [Public grain warehouse operator; grain buyer’s law] adds certain feed processing plants that receive and store grain to the definition of a “public grain warehouse operator” for the purposes of the grain buyer’s law.
Section 39 [Grain buyer’s license] removes references to the different types of grain buyer’s licenses and removes the commissioner providing application forms for the license.
Section 40 [Grain buyer’s bond] provides that a licensed grain buyer’s bond will be based on the gross annual grain purchase report and not on the financial statement of the licensed grain buyer. This section also requires that grain buyer’s bonds must be continuous until cancelled, upon 90 days written notice to the MDA.
Section 41 [Grain buyer’s financial statements] removes the provision that the grain buyer’s financial statement will be used for the purpose of determining the amount required for the bond.
Section 42 [Grain buyer’s violations] removes specific enforcement actions for violations of a licensed grain buyer that will be covered under the general enforcement provisions of the MDA as modified in this bill.
Sections 43 and 44 [Grain banks] remove references to grain banks and grain bank operators under definitions related to public grain warehouses.
Section 45 [Public grain warehouse operator; grain storage law] adds certain feed processing plants that receive and store grain to the definition of a “public grain warehouse operator” for the purposes of the grain storage law.
Section 46 [Technical] makes technical changes to the grain buyers and storage account.
Section 47 [Public grain warehouse bond requirements] provides statutory bond amounts for public grain warehouses based on the annual average storage liability.
Section 48 [Statement of grain in storage] provides for an annual report on annual average liability of all grain, instead of the monthly reports required under current law. This section also makes failure to file an annual report a violation.
Section 49 [Bond disbursement] eliminates the "condition two bond" that allowed for payment of the purchase price instead of grain delivery.
Section 50 [Scale tickets] adds weight, volume, kind of grain, and signature of the warehouse operator to the information that must be on scale tickets of a grain warehouse operator.
Sections 51 to 52 [Technical] make technical changes that update certain provisions relating to grain warehouses.
Section 53 [Technical] provides for required “examinations” of public grain warehouses instead of “audits.”
Section 54 [Financial reports] provides that grain buyers only need to provide copies of financial reports to the Department of Agriculture upon request.
Sections 55 to 56 [Firewood labeling] expand harvest location labeling requirements to all firewood sold.
Section 57 [Biodiesel blending exceptions] extends the current exceptions for using biodiesel blends for two years and adds an exception for U.S. Coast Guard vessels and certain vessels inspected by the U.S. Coast Guard.
Section 58 [Biodiesel annual report] directs the MDA, in consultation with the Commissioner of Commerce and the Biodiesel Fuel, to study the need to continue biofuel blending exception and include recommendations in the 2014 biodiesel report.
Section 59 [20 percent ethanol] extends the provision requiring 20 percent ethanol in gasoline after a federal waiver is obtained another year.
Section 60 [Wind easements] extends the effective date to June 1, 2017, for a 2008 law that will eliminate a seven-year “use-it-or-lose-it” provision on wind easements.
Section 61 [Effective date; Laws 2011] makes 2011 changes to disposal of farm waste effective retroactively to April 16, 2011.
Section 62 [NextGen biofuel blends] directs the NextGen Board to include in its 2013 report an analysis of next generation biofuels that can be blended with gasoline.
Section 63 [Repealer]
Paragraph (a) repeals Minnesota Statutes, sections:
17B.01 to 17B.29 – State grain inspection chapter;
27.19, subdivisions 2 and 3 – Wholesale produce dealer violations;
35.243 – Brucellosis in cattle;
35.255 – Pseudorabies program rules;
35.67 – Rabies investigation;
35.68 – Rabies proclamation;
35.69 – Unmuzzled dogs;
35.72 – Milk or cream testing by the Board of Animal Health;
223.16, subdivision 7 – Definition of ”independent grain buyer;”
223.18 – Grain buyer’s license penalties;
232.21, subdivision 4 – Definition of “condition one bond;”
232.24, subdivision 3 – Schedule of inspection under the grain storage law;
232.25 – Penalties under the grain storage law;
233.01 to 233.233.33 – Public terminal warehouse chapter;
234.01 to 234.27 – Grain storage on farms chapter;
235.01 to 235.18 – General provisions on grain chapter;
236.01 to 236.09 – Grain banks chapter; and
395.14 to 395.24 – County seed and feed loans.
Paragraph (b) repeals provisions in Minnesota Rules that are codified in statute or the statute is repealed in this bill. The paragraph repeals Minnesota Rules, parts:
1505. 0780 – Wild nursery stock;
1505.0810 – Balled and burlapped nursery stock;
1511.0100 to 1511.0170 – Rule chapter on grain standards testing;
1562.0100, subparts 3 to 25 – Grain buyers definitions;
1562.0200 – Grain buyers licensing;
1562.0400 – Grain buyer, grain storage, grain bank license descriptions;
1562.0700 – Grain buyers bond specifications;
1562.0900 – Statement of grain in storage;
1562.1300 – Scale ticket; and
1562.1800 – Grain buyers, grain storage, and grain bank bon descriptions.
Article 2 establishes a new chapter (34A) in Minnesota Statutes to enforce Minnesota’s food laws, except for commercial feed and dairy.
Sections 1 to 21 [Technical] delete language that will be recodified for the food chapters that are being recodified in the new chapter 34A. Section 2 also deletes language of the decision of the administrative law judge report being the decision of the Commissioner of Agriculture.
Section 22 [Definitions] contains the recodified definitions that will apply to all human food laws.
Section 23 [Exclusions] recodify the current food law exclusions from what is a perishable food, readily perishable food, and frozen food.
Section 24 [Adulteration] recodifies the adulteration provisions from the food law that will apply to all human food. Subdivision 2 of this section also recodifies specific adulterants that are applicable to only commercial feed.
Section 25 [Misbranding] recodifies the misbranding provisions from the food law that will apply to all human food.
Section 26 [Enforcement] provides for the enforcement powers of the Commissioner of Agriculture that will apply to all human food, except for commercial feed and dairy. This section is modeled after enforcement powers granted for pesticides and fertilizers.
Section 27 [False statement or record] provides that knowingly providing a false statement or record is a violation that will apply to all human food, except for commercial feed and dairy. This section is modeled after the same violation for pesticides and fertilizers.
Section 28 [Administrative actions] provides for the administrative enforcement of all human food laws, except for commercial food and dairy. This section is modeled after the same administrative actions for pesticides and fertilizers and includes license revocation, suspension, and refusal.
Section 29 [Administrative penalties] recodifies the current ability of the Commissioner of Agriculture to assess administrative penalties for violations of food laws, except for commercial feed and dairy. The maximum amount for a first violation is increased to $1,500 from $1,000 to be the same as the amount for pesticides and fertilizers.
Section 30 [Appeal of administrative actions] provides for an appeal process for administrative actions, including administrative penalties, taken by the Commissioner of Agriculture for food law violations, except for commercial feed and dairy.
Section 31 [Civil penalties] establishes the ability of the Commissioner of Agriculture to enforce food laws, except for commercial feed and dairy, including a maximum fine of $7,500 per day, as determined by the court. This section is modeled after the civil penalty authority for pesticide and fertilizer violations.
Section 32 [Criminal penalties] recodifies the current misdemeanor penalty for conviction of a violation of food laws, except for commercial feed and dairy. This section also provides for gross misdemeanor penalties for convictions of violations that endanger humans or animals and for knowing violations.
Section 33 [Embargo seizure, and condemnation] recodifies the current authority for embargo and condemnation powers for violation of the state food law. The seizure provisions apply only to meat and are recodified from the state meat law. This section will apply to food laws, except for commercial feed and dairy.
Section 34 [Powers of the commissioner] provides for the powers of the Commissioner of Agriculture to investigate potential violations of food laws, except for commercial feed and dairy. This section also provides for misdemeanor penalties for refusing to answer a lawful inquiry or willfully providing false information.
Section 35 [Repealer] repeals statutory provisions that are recodified in the bill and related rule provisions.