1.1 A bill for an act
1.2 relating to agriculture;
adding nonnative Phragmites to noxious weeds provisions;
1.3 modifying restricted species
provisions; prohibiting certain provisions in carbon
1.4 storage contracts;
eliminating the prohibition on below-cost sales of dairy;
1.5 modifying genetically
engineered organisms provisions; modifying nursery and
1.6 plant protection provisions;
modifying provisions regulating the dairy industry;
1.7 regulating veterinary
technicians, the practice of veterinary technology, and
1.8 unlicensed veterinary
employees; amending veterinary medicine licensing for
1.9 University of Minnesota
employees; modifying advanced biofuel production
1.10 incentive and renewable
chemical production incentive provisions; changing the
1.11 appeal period to 20 days after
service of an order from the Pesticide and Fertilizer
1.12 Management Division or Plant
Protection Division of the Department of
1.13 Agriculture; defining minimum
risk pesticide; allowing the use of minimum risk
1.14 pesticide for growing medical
cannabis;amending Minnesota Statutes 2022,
1.15 sections 17.457; 17.710;
17.983, subdivision 1; 18.78, subdivision 2; 18B.01, by
1.16 adding a subdivision; 18D.321,
subdivision 1; 18F.01; 18F.02, by adding
1.17 subdivisions; 18F.07; 18F.13;
18G.02, subdivisions 2, 6, 14, 15, 16, 20, 22, 24,
1.18 30, by adding a subdivision;
18G.03, subdivision 1; 18G.04, subdivision 2; 18G.05;
1.19 18G.06, subdivisions 2, 5;
18G.10, subdivisions 4, 5, 6; 18G.11, subdivision 1;
1.20 18G.12, subdivisions 1, 2;
18H.02, subdivisions 2, 3, 8, 9, 12, 12b, 12c, 14, 16,
1.21 18, 20, 24, 24a, 25, 26, 28,
32, 33, by adding a subdivision; 18H.03, subdivision
1.22 6; 18H.04; 18H.05; 18H.06,
subdivision 2; 18H.07, subdivision 4, by adding a
1.23 subdivision; 18H.08,
subdivision 1; 18H.09; 18H.10; 18H.12; 18H.13; 18H.14;
1.24 18H.15; 18H.18; 18J.08,
subdivision 1; 32D.02, subdivision 2; 32D.09, subdivision
1.25 2; 34A.04, subdivision 1;
41A.16, subdivision 7; 41A.17, subdivision 6; 41A.18,
1.26 subdivision 6; 156.001, by
adding subdivisions; 156.07; 156.12, subdivisions 2,
1.27 4; proposing coding for new law
in Minnesota Statutes, chapters 18B; 156;
1.28 repealing Minnesota Statutes
2022, sections 17.984; 18F.02, subdivisions 2, 9;
1.29 18F.12; 18G.02, subdivisions
12, 17, 21, 25, 29; 18H.02, subdivisions 10, 12a,
1.30 29, 31, 32a, 34; 18H.06,
subdivision 1; 32D.03, subdivision 5; 32D.24; 32D.25;
1.31 32D.26; 32D.27; 32D.28; 156.12,
subdivision 6.
2.1 BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MINNESOTA:
2.2 Section 1. Minnesota Statutes
2022, section 17.457, is amended to read:
2.3 17.457 RESTRICTED SPECIES.
2.4 Subdivision
1.Definitions. (a) The definitions in this subdivision apply to this
section.
2.5 (b) "Commissioner"
means the commissioner of agriculture or the commissioner's
2.6 designee.
2.7 (c) "Restricted
species" means Eurasian wild pigs and their hybrids (Sus scrofa subspecies
2.8 and Sus scrofa hybrids),
excluding domestic hogs (S. scrofa domesticus).
2.9 (d) "Release" means
an intentional introduction or accidental escape of a species from
2.10 the control of the owner or
responsible party.
2.11 Subd. 2.Importation;
possession; release of restricted species. It is unlawful for a
2.12 person to import, possess,
propagate, transport, or release restricted species, except as
2.13 provided unless
the person has a permit as described in subdivision 3.
2.14 Subd. 3.Permits.
(a) The commissioner may issue permits for the transportation,
2.15 possession, purchase, or
importation of restricted species for scientific, research, educational,
2.16 or commercial purposes. A
permit issued under this subdivision may be revoked by the
2.17 commissioner if the conditions
of the permit are not met by the permittee or for any unlawful
2.18 act or omission, including
accidental escapes.
2.19 (b) The commissioner may
issue permits for a person to possess and raise a restricted
2.20 species for commercial
purposes if the person was in possession of the restricted species
2.21 on March 1, 1993. Under
the permit, the number of breeding stock of the restricted species
2.22 in the possession of the
person may not increase by more than 25 percent and the person
2.23 must comply with the
certification requirements in subdivision 7.
2.24 (c) A person may possess
a restricted species without a permit for a period not to exceed
2.25 two days for the purpose
of slaughtering the restricted species for human consumption.
2.26 Subd. 4.Notice
of escape release of restricted species. In the event of an
escape a
2.27 release of a
restricted species, the owner must notify within 24 hours a conservation
officer
2.28 and the Board of Animal Health
and is responsible for the recovery of the species. The
2.29 commissioner may capture or
destroy the escaped released animal at the owner's expense.
2.30 Subd. 5.Enforcement.
This section may be enforced by an enforcement officer under
2.31 sections 97A.205 and 97A.211
and by the commissioner under sections 17.982 to 17.984.
3.1 Subd. 6.Penalty.
A person who violates subdivision 2, 4, or 7 is guilty of a misdemeanor.
3.2 Subd. 7.Certification
and Identification requirements. (a) A person who possesses
3.3 restricted species on
July 1, 1993, must submit certified numbers of restricted species in
3.4 the person's
possession to the Board of Animal Health by June 1, 1993.
3.5 (b)A restricted
species in the possession of a person must be marked in a permanent
3.6 fashion to identify
ownership. The restricted species must be marked as soon as practicable
3.7 after birth or purchase.
3.8 Subd. 8.Containment.
The commissioner, in consultation with the commissioner of
3.9 natural resources, shall
develop criteria for approved containment measures for restricted
3.10 species with the assistance
of producers of restricted species.
3.11 Subd. 9.Bond;
security. A person who possesses restricted species must file a bond or
3.12 deposit provide
proof of insurance or file a security bond with the commissioner security
3.13 in the form and in the
an amount determined by the commissioner to pay for the potential
3.14 costs and damages that
would be caused by an escape the release of a restricted
species.
3.15 Subd. 10.Fee.
The commissioner shall may impose a fee for permits in an amount
3.16 sufficient to cover the costs
of issuing the permits and for facility inspections. The fee may
3.17 not exceed $50. Fee receipts
must be deposited in the general fund.
3.18 EFFECTIVE DATE. This
section is effective August 1, 2023.
3.19 Sec. 2. Minnesota Statutes
2022, section 17.710, is amended to read:
3.20 17.710 AGRICULTURAL PRODUCTION
CONTRACTS.
3.21 (a) A production
contract entered into, renewed, or amended on or after July 1, 1999,
3.22 between an agricultural
producer and a processor of agricultural products must not contain
3.23 provisions that prohibit the
producer from disclosing terms, conditions, and prices contained
3.24 in the contract. Any provision
prohibiting disclosure by the producer is void.
3.25 (b) A contract entered into,
renewed, or amended on or after July 1, 2023, between an
3.26 agricultural producer
and an entity buying, selling, certifying, or otherwise participating in
3.27 a market for stored
carbon must not contain provisions that prohibit the producer from
3.28 disclosing terms,
conditions, and prices contained in the contract. Any provision prohibiting
3.29 disclosure by the
producer is void.
3.30 EFFECTIVE DATE. This
section is effective July 1, 2023.
4.1 Sec. 3. Minnesota Statutes
2022, section 17.983, subdivision 1, is amended to read:
4.2 Subdivision
1.Administrative penalties; citation. If a person has violated a
provision
4.3 of chapter 25, or
31B, or 32D, the commissioner may issue a written citation to the person
4.4 by personal service or by
certified mail. The citation must describe the nature of the violation
4.5 and the statute or rule
alleged to have been violated; state the time for correction, if
4.6 applicable; and the amount of
any proposed fine. The citation must advise the person to
4.7 notify the commissioner in
writing within 30 days if the person wishes to appeal the citation.
4.8 If the person fails to appeal
the citation, the citation is the final order and not subject to
4.9 further review.
4.10 EFFECTIVE DATE. This
section is effective August 1, 2023.
4.11 Sec. 4. Minnesota Statutes
2022, section 18.78, subdivision 2, is amended to read:
4.12 Subd. 2.Control
of purple loosestrife and nonnative Phragmites. An owner of
4.13 nonfederal lands underlying
public waters or wetlands designated under section 103G.201
4.14 is not required to control or
eradicate purple loosestrife or nonnative Phragmites below the
4.15 ordinary high water level of
the public water or wetland. The commissioner of natural
4.16 resources is responsible for
control and eradication of purple loosestrife and nonnative
4.17 Phragmites on public
waters and wetlands designated under section 103G.201, except those
4.18 located upon lands owned in fee
title or managed by the United States. The officers,
4.19 employees, agents, and
contractors of the commissioner of natural resources may enter upon
4.20 public waters and wetlands
designated under section 103G.201 and, after providing
4.21 notification to the occupant or
owner of the land, may cross adjacent lands as necessary for
4.22 the purpose of investigating
purple loosestrife or nonnative Phragmites infestations,
4.23 formulating methods of
eradication, and implementing control and eradication of purple
4.24 loosestrife or nonnative
Phragmites. The commissioner of natural resources shall, by June
4.25 1 of each year, compile a
priority list of purple loosestrife and nonnative Phragmites
4.26 infestations to be
controlled with herbicides in designated public waters. The commissioner
4.27 of natural resources must
distribute the list to county agricultural inspectors, local weed
4.28 inspectors, and their appointed
agents. The commissioner of natural resources shall control
4.29 listed purple loosestrife and
nonnative Phragmites infestations in priority order within the
4.30 limits of funding allocated for
that purpose. This procedure shall supersede the other
4.31 provisions for control of
noxious weeds set forth elsewhere in this chapter. The responsibility
4.32 of the commissioner of natural
resources to control and eradicate purple loosestrife and
4.33 nonnative Phragmites on
public waters and wetlands located on private lands and the
4.34 authority to enter upon private
lands ends ten days after receipt by the commissioner of a
5.1 written statement from the
landowner that the landowner assumes all responsibility for
5.2 control and eradication of
purple loosestrife and nonnative Phragmites under sections 18.78
5.3 to 18.88. State officers,
employees, agents, and contractors of the commissioner of natural
5.4 resources are not liable in a
civil action for trespass committed in the discharge of their
5.5 duties under this section and
are not liable to anyone for damages, except for damages
5.6 arising from gross
negligence.
5.7 EFFECTIVE DATE.
This section is effective August 1, 2023.
5.8 Sec. 5. Minnesota Statutes
2022, section 18B.01, is amended by adding a subdivision to
5.9 read:
5.10 Subd. 14c.Minimum
risk pesticide. "Minimum risk pesticide" means a pesticide
or
5.11 class of pesticides that
is exempt from the United States Environmental Protection Agency's
5.12 registration
requirements under section 25(b) of the federal Insecticide, Fungicide, and
5.13 Rodenticide Act in Code
of Federal Regulations, title 40, section 152.25(f).
5.14 EFFECTIVE DATE. This
section is effective August 1, 2023.
5.15 Sec. 6. [18B.091]
PESTICIDES ON MEDICAL CANNABIS.
5.16 A person working on
behalf of an approved medical cannabis manufacturer may apply
5.17 minimum risk pesticide
for growing medical cannabis as defined in section 152.22,
5.18 subdivision 6, unless:
5.19 (1) the commissioner
determines that the product label prohibits the use of minimum
5.20 risk pesticide on
medical cannabis;
5.21 (2) the commissioner, in
consultation with the commissioner of health, determines that
5.22 the continued use of
minimum risk pesticide would cause unreasonable adverse effects on
5.23 human health; or
5.24 (3) the commissioner
determines that the continued use of minimum risk pesticide would
5.25 cause unreasonable
adverse effects on the environment.
5.26 EFFECTIVE DATE. This
section is effective August 1, 2023.
5.27 Sec. 7. Minnesota Statutes
2022, section 18D.321, subdivision 1, is amended to read:
5.28 Subdivision 1.Notice
of appeal. (a) After service of an order, a person has 45 20
days
5.29 from receipt of the order to
notify the commissioner in writing that the person intends to
5.30 contest the order.
6.1 (b) If the person fails to
notify the commissioner that the person intends to contest the
6.2 order, the order is a final
order of the commissioner and not subject to further judicial or
6.3 administrative review.
6.4 EFFECTIVE DATE.
This section is effective August 1, 2023.
6.5 Sec. 8. Minnesota Statutes
2022, section 18F.01, is amended to read:
6.6 18F.01 PURPOSE.
6.7 The purpose of sections
18F.01 to 18F.13 is to establish permits conditions for the
release
6.8 of certain genetically
engineered agriculturally related organisms to protect humans and the
6.9 environment from the
potential for significant adverse effects of those releases.
6.10 EFFECTIVE DATE. This
section is effective August 1, 2023.
6.11 Sec. 9. Minnesota Statutes
2022, section 18F.02, is amended by adding a subdivision to
6.12 read:
6.13 Subd. 3a.Coordinated
Framework. "Coordinated Framework" means the federal
6.14 Coordinated Framework
for the Regulation of Biotechnology set forth in Federal Register,
6.15 volume 51, pages 23,302
to 23,350 (June 26, 1986), as amended.
6.16 EFFECTIVE DATE. This
section is effective August 1, 2023.
6.17 Sec. 10. Minnesota Statutes
2022, section 18F.02, is amended by adding a subdivision to
6.18 read:
6.19 Subd. 7a.Regulated
organism. "Regulated organism" means a genetically
engineered
6.20 organism that is not
exempt from federal regulations or that is not yet authorized for
6.21 commercial use by the
appropriate federal agency in the Coordinated Framework.
6.22 EFFECTIVE DATE. This
section is effective August 1, 2023.
6.23 Sec. 11. Minnesota Statutes
2022, section 18F.07, is amended to read:
6.24 18F.07 GENETICALLY
ENGINEERED AGRICULTURALLY RELATED
6.25 ORGANISM PERMIT.
6.26 Subdivision
1.Requirement. A person may not conduct a release of a genetically
6.27 engineered agriculturally
related organism until a permit for the release has been obtained
6.28 from the commissioner
United States Department of Agriculture (USDA) or Environmental
6.29 Protection Agency (EPA)
unless the organism is exempt from regulation by the applicable
6.30 agency under the
Coordinated Framework. The commissioner may accept a USDA or EPA
7.1 permit or may review a
USDA or EPA permit and add additional requirements to ensure
7.2 that the proposed
release of a genetically engineered agriculturally related organism would
7.3 not create a hazard to
the agricultural, forest, or horticultural interests of this state or the
7.4 state's general
environmental quality. Each release of a genetically engineered
agriculturally
7.5 related organism
requires a new permit until the commissioner determines by rule that the
7.6 proposed use of the
agriculturally related organism is no longer subject to regulation under
7.7 this chapter.
7.8 Subd. 2.Permit
application and review. (a) After reviewing a completed
application,
7.9 the commissioner may
issue a genetically engineered agriculturally related organism permit
7.10 if the commissioner
determines that the applicant has adequately demonstrated that the
7.11 proposed release does
not have the potential for unreasonable adverse effects on the
7.12 environment.If
the commissioner reviews a USDA or EPA permit, the commissioner may
7.13 prescribe recommend
terms and conditions, including, but not limited to, the
period for the
7.14 genetically engineered
agriculturally related organism permit, the amount or number of
7.15 genetically engineered
agriculturally related organisms to be used, monitoring activities,
7.16 department inspection
schedules, reporting of experiment results, and experiment termination
7.17 procedures. A person may not
violate terms or conditions of a permit issued under this
7.18 section. After a
genetically engineered agriculturally related organism permit is issued, the
7.19 commissioner may revoke or
change the permit at any time must inform the permitting
7.20 agency if the commissioner
finds that its permit terms or conditions are being violated or
7.21 are inadequate to avoid
unreasonable adverse effects on the environment.
7.22 (b) The commissioner may deny
issuance of a genetically engineered agriculturally
7.23 related organism permit
if the commissioner determines that the use to be made of the
7.24 agriculturally related
organisms under the proposed terms and conditions may cause
7.25 unreasonable adverse
effects on the environment request that the USDA or EPA not issue
7.26 a permit if the
commissioner determines that the release of the genetically engineered
7.27 agriculturally related
organism would create a hazard to the agricultural, forest, or
7.28 horticultural interests
of this state or the state's general environmental quality.
7.29 (c) The commissioner shall
publish a notice of the proposed release at the earliest
7.30 opportunity in the EQB
Monitor and shall notify the chair of the county board and, if
7.31 applicable, the Tribal
council of any reservation where the organism will be released.
7.32 Subd. 3.Application.
A person shall file an application for a genetically engineered
7.33 agriculturally related organism
permit with the commissioner. The application must include:
7.34 appropriate federal
agency in the Coordinated Framework, unless exempted as set forth in
7.35 section 18F.13.
8.1 (1) the name and
address of the applicant;
8.2 (2) any United States
Environmental Protection Agency, United States Department of
8.3 Agriculture, or other
federal agency regulatory application or approval document, if required
8.4 under federal law or
rule;
8.5 (3) the purpose or
objectives of the agriculturally related organism;
8.6 (4) the name, address,
and telephone number of cooperators or participants in this state;
8.7 (5) the amount or
number of organisms, materials, cultures, or seeds to be shipped or
8.8 used in this state;
and
8.9 (6) other information
requested by the commissioner.
8.10 Subd. 4.Application
fee. An application for a permit for a genetically engineered
8.11 agriculturally related
organism must be accompanied by a nonrefundable application fee
8.12 of $125.
8.13 EFFECTIVE DATE. This
section is effective August 1, 2023.
8.14 Sec. 12. Minnesota Statutes
2022, section 18F.13, is amended to read:
8.15 18F.13 EXEMPTIONS.
8.16 (a) The commissioner
may provide exemptions to the requirements to prepare an
8.17 environmental assessment
worksheet and obtain a permit for release of genetically engineered
8.18 agriculturally related
organisms for which substantial evidence, including past releases, has
8.19 shown that the organism
can be released without adverse effects on humans and the
8.20 environment must
recognize federal exemptions for the regulation of genetically engineered
8.21 organisms.
8.22 (b) The commissioner may
provide exemptions from the requirements to prepare an
8.23 environmental assessment
worksheet and obtain a permit for release of genetically engineered
8.24 agriculturally related
organisms for which substantial evidence, including past releases, has
8.25 shown that the organism
can be released under alternative oversight without adverse effects
8.26 to humans and the
environment must allow the commercial use of agriculturally related
8.27 genetically engineered
organisms, pesticides, fertilizers, soil amendments, or plant
8.28 amendments that have
been deregulated by any federal agency.
8.29 EFFECTIVE DATE. This
section is effective August 1, 2023.
9.1 Sec. 13. Minnesota Statutes
2022, section 18G.02, subdivision 2, is amended to read:
9.2 Subd. 2.Biological
control agent. "Biological control agent" means a parasite
parasitoid,
9.3 predator, pathogen, or
competitive organism intentionally released by humans for the purpose
9.4 of biological control with
the intent of causing a reduction of a host or prey population.
9.5 EFFECTIVE DATE.
This section is effective August 1, 2023.
9.6 Sec. 14. Minnesota Statutes
2022, section 18G.02, subdivision 6, is amended to read:
9.7 Subd. 6.Compliance
agreement. "Compliance agreement" means a written agreement
9.8 between a person an
entity and a regulatory agency to achieve compliance with regulatory
9.9 requirements.
9.10 EFFECTIVE DATE. This
section is effective August 1, 2023.
9.11 Sec. 15. Minnesota Statutes
2022, section 18G.02, is amended by adding a subdivision to
9.12 read:
9.13 Subd. 12a.Individual.
"Individual" means a single human being who is not the sole
9.14 proprietor of a
registered business related to plant protection or export certification.
9.15 EFFECTIVE DATE. This
section is effective August 1, 2023.
9.16 Sec. 16. Minnesota Statutes 2022,
section 18G.02, subdivision 14, is amended to read:
9.17 Subd. 14.Infested.
"Infested" means a plant has been overrun by that contains
an
9.18 unacceptable level of
plant pests, including weeds, or contains or harbors plant pests in a
9.19 quantity that may threaten
other plants.
9.20 EFFECTIVE DATE. This
section is effective August 1, 2023.
9.21 Sec. 17. Minnesota Statutes
2022, section 18G.02, subdivision 15, is amended to read:
9.22 Subd. 15.Invasive
species. "Invasive species" means an exotic or nonnative
species
9.23 whose introduction and
establishment causes, or may cause, economic or environmental
9.24 harm or harm to human health.
9.25 EFFECTIVE DATE. This
section is effective August 1, 2023.
9.26 Sec. 18. Minnesota Statutes
2022, section 18G.02, subdivision 16, is amended to read:
9.27 Subd. 16.Mark.
"Mark" means an official indicator affixed by the commissioner for
9.28 purposes of identification or
separation, to, on, around, or near, plants or plant material
10.1 known or suspected to be infested
or infected with a plant pest or that otherwise needs to
10.2 be distinguished from
other plants or materials. This includes, but is not limited to, paint,
10.3 markers, tags, seals, stickers,
tape, ribbons, signs, or placards.
10.4 EFFECTIVE DATE. This
section is effective August 1, 2023.
10.5 Sec. 19. Minnesota Statutes
2022, section 18G.02, subdivision 20, is amended to read:
10.6 Subd. 20.Person
Entity. "Person Entity" means an individual,
a registered business
10.7 such as a firm,
corporation, partnership, association, trust, joint stock company, or
10.8 unincorporated organization,
or sole proprietorship; the state; a state agency; or a political
10.9 subdivision.
10.10 EFFECTIVE DATE. This
section is effective August 1, 2023.
10.11 Sec. 20. Minnesota Statutes
2022, section 18G.02, subdivision 22, is amended to read:
10.12 Subd. 22.Phytosanitary
certificate or export certificate. "Phytosanitary certificate"
10.13 or "export
certificate" means a document authorized or prepared by a duly authorized
federal
10.14 or state official that affirms,
declares, or verifies that an article, nursery stock, plant, plant
10.15 product, shipment, or any other
officially regulated article meets applicable, legally
10.16 established, plant pest
regulations, including this chapter.
10.17 EFFECTIVE DATE. This
section is effective August 1, 2023.
10.18 Sec. 21. Minnesota Statutes
2022, section 18G.02, subdivision 24, is amended to read:
10.19 Subd. 24.Plant
pest. "Plant pest" includes, but is not limited to, an
invasive species or
10.20 any pest of plants,
agricultural commodities, horticultural products, nursery stock, or
10.21 noncultivated plants by
organisms such as means any organism determined by the
10.22 commissioner to be
capable of causing harm to terrestrial plants, including but not limited
10.23 to insects, snails,
nematodes, fungi, viruses, bacterium, microorganisms, mycoplasma-like
10.24 organisms, weeds, plants,
and parasitic plants.
10.25 EFFECTIVE DATE. This
section is effective August 1, 2023.
10.26 Sec. 22. Minnesota Statutes
2022, section 18G.02, subdivision 30, is amended to read:
10.27 Subd. 30.Significant
damage or harm. "Significant damage" or "harm" means a
level
10.28 of adverse impact that results
in unacceptable economic damage, injury, or loss that exceeds
10.29 the cost of control
for a particular crop plant.
10.30 EFFECTIVE DATE. This
section is effective August 1, 2023.
11.1 Sec. 23. Minnesota Statutes
2022, section 18G.03, subdivision 1, is amended to read:
11.2 Subdivision 1.Entry
and inspection. (a) The commissioner may enter and inspect a
11.3 public or private place that
might harbor plant pests and may require that the owner destroy
11.4 or treat plant pests, plants,
or other material.
11.5 (b) If the owner fails to
properly comply with a directive of the commissioner, the
11.6 commissioner may have any
necessary work done at the owner's expense. The commissioner
11.7 shall notify the owner of the
deadline for paying those expenses. If the owner does not
11.8 reimburse the commissioner for
an expense within a time specified by the commissioner,
11.9 the expense is a charge upon
the county as provided in subdivision 4.
11.10 (c) If a harmful plant
pest infestation or infection threatens plants of an area in the state,
11.11 the commissioner may take any
measures necessary to eliminate or alleviate the potential
11.12 significant damage or harm.
11.13 (d) The commissioner may collect
fees required by this chapter.
11.14 (e) The commissioner may issue
and enforce written or printed "stop-sale" orders,
11.15 compliance agreements, and other
directives and requests to the owner or custodian of any
11.16 plants or articles infested or
infected with a harmful plant pest.
11.17 EFFECTIVE DATE. This
section is effective August 1, 2023.
11.18 Sec. 24. Minnesota Statutes
2022, section 18G.04, subdivision 2, is amended to read:
11.19 Subd. 2.Control
order. In order to prevent the introduction or spread of harmful or
11.20 dangerous plant
pests, the commissioner may issue orders for necessary control measures.
11.21 These orders may indicate the
type of specific control to be used, the compound or material,
11.22 the manner or the time of
application, and who is responsible for carrying out the control
11.23 order. Control orders may
include directions to control or abate the plant pest to an acceptable
11.24 level; eradicate the plant pest;
restrict the movement of the plant pest or any material, article,
11.25 appliance, plant, or means of
conveyance suspected to be carrying the plant pest; or destroy
11.26 plants or plant products
infested or infected with a plant pest. Material suspected of being
11.27 infested or infected with a
plant pest may be confiscated by the commissioner.
11.28 EFFECTIVE DATE. This
section is effective August 1, 2023.
12.1 Sec. 25. Minnesota Statutes
2022, section 18G.05, is amended to read:
12.2 18G.05 DISCOVERY OF PLANT
PESTS; OFFICIAL MARKING OF INFESTED
12.3 OR INFECTED ARTICLES.
12.4 Upon knowledge of the
existence of a dangerous or injurious plant pest or invasive
12.5 species within the
state, the commissioner may conspicuously mark all plants, infested areas,
12.6 materials, and articles known
or suspected to be infected or infested with the plant pest or
12.7 invasive species. Persons,
owners, or tenants An entity or individual in possession of the
12.8 premises or area in which the
existence of the plant pest or invasive species is suspected
12.9 must be notified by the
commissioner with prescribed control measures. A person An entity
12.10 or individual must
comply with the commissioner's control order within the prescribed time.
12.11 If the commissioner determines
that satisfactory control or mitigation of the pest has been
12.12 achieved, the order must be
released.
12.13 EFFECTIVE DATE. This
section is effective August 1, 2023.
12.14 Sec. 26. Minnesota Statutes
2022, section 18G.06, subdivision 2, is amended to read:
12.15 Subd. 2.Quarantine
notice. (a) The commissioner may issue orders to take prompt
12.16 regulatory action in plant pest
emergencies on regulated articles. If continuing quarantine
12.17 action is required, a formal
quarantine may be imposed. Orders may be issued to retain
12.18 necessary quarantine action on a
few properties if eradication treatments have been applied
12.19 and continuing quarantine action
is no longer necessary for the majority of the regulated
12.20 area.
12.21 (b) The commissioner may place
an emergency regulation or quarantine in effect without
12.22 prior public notice in order to
take immediate regulatory action to prevent the introduction
12.23 or establishment of a plant pest.
12.24 (c) The commissioner may enter
into cooperative agreements with the United States
12.25 Department of Agriculture and
other federal, state, city, or county agencies to assist in the
12.26 enforcement of federal
quarantines. The commissioner may adopt a quarantine or regulation
12.27 against a plant pest or
an area not covered by a federal quarantine. The commissioner may
12.28 seize, destroy, or require
treatment of products moved from a federally regulated area if
12.29 they were not moved in
accordance with the federal quarantine regulations or, if certified,
12.30 they were found to be infested
with the pest organism.
12.31 (d) The commissioner may impose
a quarantine against a plant pest that is not quarantined
12.32 in other states to prevent the
spread of the plant pest within this state. The commissioner
12.33 may enact a quarantine against a
plant pest of regional or national significance even when
13.1 no federal domestic quarantine
has been adopted. These quarantines regulate intrastate
13.2 movement between quarantined
and nonquarantined areas of this state. The commissioner
13.3 may enact a parallel state
quarantine if there is a federal quarantine applied to a portion of
13.4 the state.
13.5 (e) The commissioner may impose
a state exterior quarantine if the plant pest is not
13.6 established in this state but
is established in other states. State exterior quarantines may be
13.7 enacted even if no federal
domestic quarantine has been adopted. The commissioner may
13.8 issue control orders at
destinations necessary to prevent the introduction or spread of plant
13.9 pests.
13.10 EFFECTIVE DATE. This
section is effective August 1, 2023.
13.11 Sec. 27. Minnesota Statutes
2022, section 18G.06, subdivision 5, is amended to read:
13.12 Subd. 5.Public
notification of a state quarantine or emergency regulation. (a) For
13.13 plant pest threats of
imminent concern, the commissioner may declare an emergency
13.14 quarantine or enact emergency
orders.
13.15 (b) If circumstances permit,
public notice and a public hearing must be held to solicit
13.16 comments regarding the proposed
state quarantine. If a plant pest threat is of imminent
13.17 concern and there is
insufficient time to allow full public comment on the proposed
13.18 quarantine, the commissioner may
impose an emergency quarantine until a state quarantine
13.19 can be implemented.
13.20 (c) Upon establishment of a
state quarantine, and upon institution of modifications or
13.21 repeal, notices must be sent to
the principal parties of interest, including federal and state
13.22 authorities, and to
organizations representing the public involved in the restrictive measures.
13.23 EFFECTIVE DATE. This
section is effective August 1, 2023.
13.24 Sec. 28. Minnesota Statutes
2022, section 18G.10, subdivision 4, is amended to read:
13.25 Subd. 4.Phytosanitary
and export certificates. An exporter of plants or plant products
13.26 desiring to originate shipments
from Minnesota to a foreign country requiring a phytosanitary
13.27 certificate or export
certificate must submit an application to the commissioner. Application
13.28 for phytosanitary certificates
or export certificates must be made on forms provided or
13.29 approved by the commissioner
or the USDA. The commissioner may conduct inspections
13.30 of plants, plant products, or
facilities for persons that have applied for or intend to apply
13.31 for a phytosanitary certificate
or export certificate from the commissioner.
14.1 The commissioner may issue a
phytosanitary certificate or export certificate if the plants
14.2 or plant products
satisfactorily meet the requirements of the importing state or foreign
14.3 country and the United States
Department of Agriculture requirements. The requirements
14.4 of the destination states or
countries must be met by the applicant.
14.5 EFFECTIVE DATE. This
section is effective August 1, 2023.
14.6 Sec. 29. Minnesota Statutes
2022, section 18G.10, subdivision 5, is amended to read:
14.7 Subd. 5.Certificate
fees. (a) The commissioner shall assess fees sufficient to recover
14.8 all costs for the inspection,
service, and work performed in carrying out the issuance of a
14.9 phytosanitary certificate or
export certificate.
14.10 (b) If laboratory analysis or
other technical analysis is required to issue a certificate, the
14.11 commissioner must set and
collect the fee to recover this additional cost.
14.12 (c) The certificate fee is $75
or a fee amount, not to exceed $300, that is sufficient to
14.13 recover all processing costs for
each phytosanitary or export certificate issued. The certificate
14.14 fee is in addition to
any mileage or inspection time charges that are assessed.
14.15 (d) For services provided for in
subdivision 7 that are goods and services provided for
14.16 the direct and primary use of a
private individual, business, or other entity, the commissioner
14.17 must set and collect the fees to
cover the cost of the services provided.
14.18 EFFECTIVE DATE. This
section is effective August 1, 2023.
14.19 Sec. 30. Minnesota Statutes
2022, section 18G.10, subdivision 6, is amended to read:
14.20 Subd. 6.Certificate
denial or cancellation. The commissioner may deny or cancel the
14.21 issuance of a phytosanitary or
export certificate for any of the following reasons:
14.22 (1) failure of the plants or
plant products to meet quarantine, regulations, and requirements
14.23 imposed by the country,
state, or other jurisdiction for which the phytosanitary or export
14.24 certificate is being requested;
14.25 (2) failure to completely or
accurately provide the information requested on the
14.26 application form;
14.27 (3) failure to ship the exact
plants or plant products which were inspected and approved;
14.28 or
14.29 (4) failure to pay any fees or
costs due the commissioner.
14.30 EFFECTIVE DATE. This
section is effective August 1, 2023.
15.1 Sec. 31. Minnesota Statutes
2022, section 18G.11, subdivision 1, is amended to read:
15.2 Subdivision 1.Detection
and control agreements. The commissioner may enter into
15.3 cooperative agreements with
organizations, persons entities, civic groups, governmental
15.4 agencies, or other
organizations to adopt and execute plans to detect and control areas
15.5 infested or infected with harmful
plant pests. The cooperative agreements may include
15.6 provisions of joint funding of
any control treatment.
15.7 If a harmful plant pest
infestation or infection occurs and cannot be adequately controlled
15.8 by individual persons
individuals, entities, owners, tenants, or local units of government,
15.9 the commissioner may conduct
the necessary control measures independently or on a
15.10 cooperative basis with federal
or other units of government.
15.11 EFFECTIVE DATE. This
section is effective August 1, 2023.
15.12 Sec. 32. Minnesota Statutes
2022, section 18G.12, subdivision 1, is amended to read:
15.13 Subdivision 1.Plant
pest and invasive species research. The commissioner shall
15.14 conduct research to prevent the
introduction or spread of invasive species and plant pests
15.15 that are also terrestrial
invasive species into the state and to investigate the feasibility of
15.16 their control or eradication.
15.17 EFFECTIVE DATE. This
section is effective August 1, 2023.
15.18 Sec. 33. Minnesota Statutes
2022, section 18G.12, subdivision 2, is amended to read:
15.19 Subd. 2.Statewide
program. The commissioner shall establish a statewide program to
15.20 prevent the introduction and the
spread of harmful plant pest and pests that are also
terrestrial
15.21 invasive species. To the extent
possible, the program must provide coordination of efforts
15.22 among governmental entities and
private organizations.
15.23 EFFECTIVE DATE. This
section is effective August 1, 2023.
15.24 Sec. 34. Minnesota Statutes
2022, section 18H.02, subdivision 2, is amended to read:
15.25 Subd. 2.Agent.
"Agent" means a person an entity who, on behalf of
another person
15.26 entity, receives on
consignment, contracts for, or solicits for sale on commission, a plant
15.27 product from a producer or
supplier of the product or negotiates the consignment or purchase
15.28 of a plant product on behalf of
another person entity.
15.29 EFFECTIVE DATE. This
section is effective August 1, 2023.
16.1 Sec. 35. Minnesota Statutes
2022, section 18H.02, subdivision 3, is amended to read:
16.2 Subd. 3.Annual.
"Annual" means a plant growing in Minnesota with a life cycle
of less
16.3 than one year when grown in
Minnesota.
16.4 EFFECTIVE DATE. This
section is effective August 1, 2023.
16.5 Sec. 36. Minnesota Statutes
2022, section 18H.02, subdivision 8, is amended to read:
16.6 Subd. 8.Consignee.
"Consignee" means a person an entity to whom a plant,
nursery
16.7 stock, horticultural product,
or plant product is shipped for handling, planting, sale, resale,
16.8 or any other purpose.
16.9 EFFECTIVE DATE. This
section is effective August 1, 2023.
16.10 Sec. 37. Minnesota Statutes
2022, section 18H.02, subdivision 9, is amended to read:
16.11 Subd. 9.Consignor.
"Consignor" means a person an entity who ships or
delivers to a
16.12 consignee a plant, nursery
stock, horticultural product, or plant product for handling, planting,
16.13 sale, resale, or any other
purpose.
16.14 EFFECTIVE DATE. This
section is effective August 1, 2023.
16.15 Sec. 38. Minnesota Statutes
2022, section 18H.02, subdivision 12, is amended to read:
16.16 Subd. 12.Distribute.
"Distribute" means offer for sale, sell, barter, give away,
ship,
16.17 deliver for shipment, receive
and deliver, offer to deliver, receive on consignment, contract
16.18 for, solicit for sale on
commission, or negotiate the consignment or purchase in this state.
16.19 EFFECTIVE DATE. This
section is effective August 1, 2023.
16.20 Sec. 39. Minnesota Statutes
2022, section 18H.02, subdivision 12b, is amended to read:
16.21 Subd. 12b.Etiolated
growth. "Etiolated growth" means bleached and unnatural growth
16.22 resulting from the
exclusion of sunlight plant growth with reduced or no chlorophyll
16.23 production due to a lack
of sunlight. Etiolated growth is evidenced by pale, yellowish or
16.24 white plants and weak,
spindly stems.
16.25 EFFECTIVE DATE. This
section is effective August 1, 2023.
16.26 Sec. 40. Minnesota Statutes
2022, section 18H.02, subdivision 12c, is amended to read:
16.27 Subd. 12c.Individual.
"Individual" means a human being who is not the sole proprietor
16.28 of a registered business
selling plants for planting.
17.1 EFFECTIVE DATE. This
section is effective August 1, 2023.
17.2 Sec. 41. Minnesota Statutes
2022, section 18H.02, subdivision 14, is amended to read:
17.3 Subd. 14.Infested.
"Infested" means a plant has been overrun by that contains
an
17.4 unacceptable level of
plant pests, including weeds, or contains or harbors plant pests in a
17.5 quantity that may threaten
other plants.
17.6 EFFECTIVE DATE. This
section is effective August 1, 2023.
17.7 Sec. 42. Minnesota Statutes
2022, section 18H.02, is amended by adding a subdivision to
17.8 read:
17.9 Subd. 15a.Label.
"Label" means a legible tag or other signage attached to a
specific
17.10 plant or plant container
that provides the identity of the plant and any other required or
17.11 relevant information
regarding the plant.
17.12 EFFECTIVE DATE. This
section is effective August 1, 2023.
17.13 Sec. 43. Minnesota Statutes
2022, section 18H.02, subdivision 16, is amended to read:
17.14 Subd. 16.Mark.
"Mark" means an official indicator affixed by the commissioner for
17.15 purposes of identification or
separation to, on, around, or near plants or plant material known
17.16 or suspected to be infested
or infected with a plant pest or to otherwise distinguish the plants
17.17 or plant material from
other plants or materials. This includes, but is not limited to, paint,
17.18 markers, tags, seals, stickers,
tape, ribbons, signs, or placards.
17.19 EFFECTIVE DATE. This
section is effective August 1, 2023.
17.20 Sec. 44. Minnesota Statutes
2022, section 18H.02, subdivision 18, is amended to read:
17.21 Subd. 18.Nursery
certificate. "Nursery certificate" means a document issued by the
17.22 commissioner recognizing that a
person an entity is eligible to sell, offer for sale, or distribute
17.23 certified nursery stock at a
particular location under a specified business name.
17.24 EFFECTIVE DATE. This
section is effective August 1, 2023.
17.25 Sec. 45. Minnesota Statutes
2022, section 18H.02, subdivision 20, is amended to read:
17.26 Subd. 20.Nursery
stock. "Nursery stock" means a plant intended for planting or
17.27 propagation, including, but not
limited to, trees, shrubs, vines, perennials, biennials, grafts,
17.28 cuttings, and buds that may be
sold for propagation, whether cultivated or wild, and all
17.29 viable parts of these plants.
Nursery stock does not include:
18.1 (1) field and forage crops or
sod;
18.2 (2) seeds;
18.3 (3) vegetable plants, bulbs, or
tubers;
18.4 (4) cut material such as flowers
or other herbaceous or woody plants, unless stems or
18.5 other portions are intended for
propagation;
18.6 (5) tropical plants;
18.7 (5) (6)
annuals; or
18.8 (6) (7) Christmas
trees.
18.9 EFFECTIVE DATE. This
section is effective August 1, 2023.
18.10 Sec. 46. Minnesota Statutes
2022, section 18H.02, subdivision 24, is amended to read:
18.11 Subd. 24.Owner.
"Owner" includes, but is not limited to, the person entity
with the
18.12 legal right of possession,
proprietorship of, or responsibility for the property or place where
18.13 any of the articles regulated in
this chapter are found, or the person entity who is in possession
18.14 of, proprietorship of, or has
responsibility for the regulated articles.
18.15 EFFECTIVE DATE. This
section is effective August 1, 2023.
18.16 Sec. 47. Minnesota Statutes
2022, section 18H.02, subdivision 24a, is amended to read:
18.17 Subd. 24a.Packaged
nursery stock. "Packaged nursery stock" means bare
root nursery
18.18 stock packed with the roots in
moisture-retaining material encased in plastic film or other
18.19 material designed to hold the
moisture-retaining material in place.
18.20 EFFECTIVE DATE. This
section is effective August 1, 2023.
18.21 Sec. 48. Minnesota Statutes
2022, section 18H.02, subdivision 25, is amended to read:
18.22 Subd. 25.Person
Entity. "Person" "Entity" means an
individual, a registered business
18.23 such as a firm, a corporation,
a partnership, an association, a trust, a joint
stock company,
18.24 an unincorporated organization,
or a sole proprietorship; the state,; a state agency,;
or a
18.25 political subdivision.
18.26 EFFECTIVE DATE. This
section is effective August 1, 2023.
19.1 Sec. 49. Minnesota Statutes
2022, section 18H.02, subdivision 26, is amended to read:
19.2 Subd. 26.Place
of origin. "Place of origin" means the county and state where
nursery
19.3 stock was most recently
certified or grown for at least one full growing season.
19.4 EFFECTIVE DATE. This
section is effective August 1, 2023.
19.5 Sec. 50. Minnesota Statutes
2022, section 18H.02, subdivision 28, is amended to read:
19.6 Subd. 28.Plant
pest. "Plant pest" means a biotic agent that causes or may
cause harm
19.7 to any organism
that the commissioner determines is capable of causing harm to terrestrial
19.8 plants, including but
not limited to insects, snails, nematodes, fungi, viruses, bacteria,
19.9 microorganisms,
mycoplasma-like organisms, weeds, and parasitic plants.
19.10 EFFECTIVE DATE. This
section is effective August 1, 2023.
19.11 Sec. 51. Minnesota Statutes
2022, section 18H.02, subdivision 32, is amended to read:
19.12 Subd. 32.Sales
location. "Sales location" means a fixed location from which
certified
19.13 nursery stock is displayed or
distributed or displayed with the intent to sell.
19.14 EFFECTIVE DATE. This
section is effective August 1, 2023.
19.15 Sec. 52. Minnesota Statutes
2022, section 18H.02, subdivision 33, is amended to read:
19.16 Subd. 33.Tree
spade. "Tree spade" means a mechanical device or machinery
capable
19.17 of removing nursery stock, root
system, and soil from the a planting in one operation.
19.18 EFFECTIVE DATE. This
section is effective August 1, 2023.
19.19 Sec. 53. Minnesota Statutes
2022, section 18H.03, subdivision 6, is amended to read:
19.20 Subd. 6.Dissemination
of information. The commissioner may disseminate information
19.21 among growers relative to
regarding the treatment of nursery stock in both prevention and
19.22 elimination of to
prevent or eliminate the attack by of plant pests and
diseases.
19.23 EFFECTIVE DATE. This
section is effective August 1, 2023.
19.24 Sec. 54. Minnesota Statutes
2022, section 18H.04, is amended to read:
19.25 18H.04 ADOPTION OF RULES.
19.26 The commissioner may adopt
rules to carry out the purposes of this chapter. The rules
19.27 may include, but are not limited
to, rules in regard to labeling and the maintenance of
19.28 viability and vigor of nursery
stock. Rules of the commissioner that are in effect on July 1,
20.1 2003, relating to plant
protection, nursery inspection, or the Plant Pest Act remain in effect
20.2 until they are
superseded by new rules.
20.3 EFFECTIVE DATE. This
section is effective August 1, 2023.
20.4 Sec. 55. Minnesota Statutes
2022, section 18H.05, is amended to read:
20.5 18H.05 NURSERY CERTIFICATE
REQUIREMENTS.
20.6 (a) No person may offer for
sale or distribute certified nursery stock as a nursery stock
20.7 grower or dealer without first
obtaining the appropriate nursery stock certificate from the
20.8 commissioner. The commissioner
may not issue a certificate to a person an entity who does
20.9 not sell certified nursery
stock. Certificates are issued solely for these purposes and may
20.10 not be used for other purposes.
20.11 (b) A certificate issued by the
commissioner expires on December 31 of the year it is
20.12 issued.
20.13 (c) A person An entity
required to be certified by this section must apply for a certificate
20.14 or for renewal on a form furnished
established by the commissioner which that must contain:
20.15 (1) the name and,
address, and contact information of the applicant, the number of
20.16 locations to be operated
by the applicant and their addresses, and ;
20.17 (2) the assumed
business name of the applicant;
20.18 (2) if other than an
individual, a statement whether a person is a partnership, corporation,
20.19 or other organization;
20.20 (3) the type of business
to be operated and, if the applicant is an agent, the principals
20.21 the applicant represents;
and
20.22 (3) the address of the
sales location;
20.23 (4) the address or
geographical description of any additional location where nursery
20.24 stock will be handled, if
applicable; and
20.25 (4) (5) the
source or sources of purchased nursery stock.
20.26 (d) No person entity
may:
20.27 (1) falsely claim to be a
certified dealer, grower, broker, or agent;
20.28 (2) make willful false
statements when applying for a certificate; or
20.29 (3) sell or distribute certified
nursery stock to an uncertified nursery stock dealer who
20.30 is required to be certified or
nursery stock grower.
21.1 (e) Each application for a
certificate must be accompanied by the appropriate certificate
21.2 fee under section 18H.07.
21.3 (f) Certificates issued by the
commissioner must should be prominently displayed to the
21.4 public in the place of business
where certified nursery stock is sold or distributed.
21.5 (g) The commissioner may refuse
to issue a certificate for cause.
21.6 (h) Each grower or dealer is
entitled to one sales location under the certificate of the
21.7 grower or dealer. Each
additional sales location maintained by the person entity
requires
21.8 the payment of the full
certificate fee for each additional sales outlet.
21.9 (i) A grower who is also a
dealer is certified only as a grower for that specific site.
21.10 (j) A certificate is personal to
the applicant and may not be transferred. A new certificate
21.11 is necessary if the business
entity is changed or if the membership of a partnership is changed,
21.12 whether or not the business name
is changed.
21.13 (k) The certificate issued to a
dealer or grower applies to the particular premises named
21.14 in the certificate. However, if
prior approval is obtained from the commissioner, the place
21.15 of business may be moved to the
other premises or location without an additional certificate
21.16 fee.
21.17 (l) A collector of nursery stock
from the wild is required to obtain a dealer's certificate
21.18 from the commissioner and is
subject to all the requirements that apply to the inspection of
21.19 nursery stock. All collected
nursery stock must be labeled as "collected from the wild."
21.20 EFFECTIVE DATE. This
section is effective August 1, 2023.
21.21 Sec. 56. Minnesota Statutes
2022, section 18H.06, subdivision 2, is amended to read:
21.22 Subd. 2.Occasional
sales. (a) An individual may offer nursery stock for sale and be
21.23 exempt from the requirement to
obtain a nursery stock certificate if:
21.24 (1) the gross sales of all
nursery stock in a calendar year do not exceed $2,000 $1,000;
21.25 (2) all nursery stock sold or
distributed by the individual is intended for planting in
21.26 Minnesota;
21.27 (3) all nursery stock purchased
or procured for resale or distribution was grown in
21.28 Minnesota and has been
certified by the commissioner sold or distributed was grown by
21.29 the individual in
Minnesota; and
21.30 (4) the individual conducts
sales or distributions of nursery stock on ten or fewer days
21.31 in a calendar year.
22.1 (b) A municipality may offer
certified nursery stock for sale and be exempt from the
22.2 requirement to obtain a
nursery stock certificate if:
22.3 (1) all nursery stock
offered for sale or distributed is intended for planting by residents
22.4 of the municipality on
public property or public easements within the municipal boundary;
22.5 (2) all nursery stock
purchased or procured for resale or distribution is grown in
22.6 Minnesota and has been
certified by the commissioner; and
22.7 (3) the municipality
submits to the commissioner before any sale or distribution of
22.8 nursery stock a list of
all suppliers who provide the municipality with nursery stock.
22.9 (c) (b) The
commissioner may prescribe the conditions of the exempt nursery sales under
22.10 this subdivision and may conduct
routine inspections of the nursery stock offered for sale.
22.11 EFFECTIVE DATE. This
section is effective August 1, 2023.
22.12 Sec. 57. Minnesota Statutes
2022, section 18H.07, is amended by adding a subdivision to
22.13 read:
22.14 Subd. 3a.Waiver
of fees. (a) A nonprofit organization or an individual may offer for
22.15 sale certified nursery
stock and be exempt from the requirement to pay certificate fees if
22.16 the nonprofit organization
or individual:
22.17 (1) sells or distributes
certified nursery stock on ten or fewer days in a calendar year;
22.18 (2) uses the proceeds
from certified nursery stock sales or distributions for nonprofit
22.19 purposes; and
22.20 (3) obtains a nursery
stock certificate.
22.21 (b) A municipality may
offer for sale certified nursery stock and be exempt from the
22.22 requirement to pay
certificate fees if:
22.23 (1) all nursery stock
offered for sale or distributed is intended for planting by residents
22.24 of the municipality on
public property or public easements in the municipality;
22.25 (2) all nursery stock
purchased or procured for resale or distribution is grown in
22.26 Minnesota and has been
certified by the commissioner; and
22.27 (3) the municipality
obtains a live plant dealer certificate.
22.28 (c) The commissioner may
prescribe the conditions of nursery fee waivers and may
22.29 conduct routine
inspections of nursery stock offered for sale.
22.30 EFFECTIVE DATE. This
section is effective August 1, 2023.
23.1 Sec. 58. Minnesota Statutes
2022, section 18H.07, subdivision 4, is amended to read:
23.2 Subd. 4.Reinspection;
additional or optional inspection fees. If a reinspection an
23.3 irregular inspection
is required or an additional inspection is needed or requested, a fee must
23.4 may be assessed
based on mileage and inspection time as follows:
23.5 (1) mileage must be charged at
the current United States Internal Revenue Service
23.6 reimbursement rate; and
23.7 (2) inspection time must be
charged at a rate sufficient to recover all inspection costs,
23.8 including the driving time to
and from the location in addition to the time spent conducting
23.9 the inspection.
23.10 EFFECTIVE DATE. This
section is effective August 1, 2023.
23.11 Sec. 59. Minnesota Statutes
2022, section 18H.08, subdivision 1, is amended to read:
23.12 Subdivision 1.Services
and fees. The commissioner may make small lot inspections
23.13 or perform other necessary
services for which another charge is not specified. For these
23.14 services, the
commissioner shall may set a fee plus expenses that will recover
the cost of
23.15 performing this service. The
commissioner may set an additional acreage fee for inspection
23.16 of seed production fields for
exporters in order to meet domestic and foreign plant quarantine
23.17 requirements.
23.18 EFFECTIVE DATE. This
section is effective August 1, 2023.
23.19 Sec. 60. Minnesota Statutes
2022, section 18H.09, is amended to read:
23.20 18H.09 NURSERY STOCK
CERTIFICATION REQUIREMENTS.
23.21 (a) All nursery stock
growing at sites identified by nursery stock dealers or nursery stock
23.22 growers and submitted for
inspection must be inspected by the commissioner within the
23.23 previous 12 months prior to sale
and found apparently free from quarantine and regulated
23.24 nonquarantine pests as
well as significantly dangerous or potentially damaging plant pests.
23.25 The commissioner may waive a
site inspection under the following conditions:
23.26 (1) the nursery stock is not
going to be sold within 12 months;
23.27 (2) the nursery stock will not
be moved out of Minnesota; and
23.28 (3) the nursery site or stock is
not subject to certification requirements associated with
23.29 a state or federally regulated
or quarantined plant pest.
24.1 All nursery stock originating
from out of state and offered for sale in Minnesota must
24.2 have been inspected by the
appropriate state or federal agency during the previous 12 months
24.3 and found free from quarantine
and regulated nonquarantine pests as well as significantly
24.4 dangerous or potentially
damaging plant pests. A nursery stock certificate is valid from
24.5 January 1 to December 31.
24.6 (b) Nursery stock must be
accessible to the commissioner for inspection during regular
24.7 business hours. Weeds or other
growth that hinder a proper inspection are grounds to suspend
24.8 or withhold a certificate or
require a reinspection for which a fee may be charged.
24.9 (c) Inspection reports issued
to growers must contain a list of the plant pests found at
24.10 the time of inspection.
Withdrawal-from-distribution or other orders are considered part of
24.11 the inspection reports. A
withdrawal-from-distribution or other order must contain a list of
24.12 plants withdrawn from
distribution and the location of the plants.
24.13 (d) The commissioner may post
signs to delineate mark sections withdrawn from
24.14 distribution or subject to
other special circumstances. These signs marks must remain in
24.15 place until the commissioner
removes them the marks or grants written permission to the
24.16 grower to remove the signs
marks.
24.17 (e) Inspection reports issued to
dealers must outline the violations involved and corrective
24.18 actions to be taken including
withdrawal-from-distribution orders which would specify
24.19 nursery stock that could not be
distributed from a certain area.
24.20 (f) Optional inspections of
plants may be conducted by the commissioner upon request
24.21 by any persons entity
desiring an inspection. A fee as provided in section 18H.07 must be
24.22 charged for such an inspection.
24.23 EFFECTIVE DATE. This
section is effective August 1, 2023.
24.24 Sec. 61. Minnesota Statutes
2022, section 18H.10, is amended to read:
24.25 18H.10 STORAGE OF NURSERY
STOCK.
24.26 (a) All nursery stock must
be kept and displayed under conditions of temperature, light,
24.27 and moisture sufficient to
maintain the viability and vigor of the nursery stock.
24.28 (b) Packaged dormant
nursery stock must be stored under conditions that retard growth,
24.29 prevent etiolated growth, and
protect its viability.
24.30 (c) Balled and burlapped nursery
stock being held for sale to the public must be kept in
24.31 a moisture-holding material
approved by the commissioner and not toxic to plants. The
24.32 moisture-holding material must adequately
cover and protect the ball of earth and must be
25.1 kept moist at all times. The
commissioner may approve alternative nursery stock management
25.2 practices to maintain the
viability of balled and burlapped stock.
25.3 EFFECTIVE DATE. This
section is effective August 1, 2023.
25.4 Sec. 62. Minnesota Statutes
2022, section 18H.12, is amended to read:
25.5 18H.12 DAMAGED, DISEASED,
INFESTED, OR MISREPRESENTED STOCK.
25.6 (a) No person
entity may knowingly offer to distribute, advertise, or display nursery
25.7 stock that is infested or
infected with quarantine or regulated nonquarantine pests or
25.8 significant dangerous or
potentially damaging plant pests, including noxious weeds or
25.9 nursery stock that is in a
dying condition, desiccated, frozen or damaged by freezing, or
25.10 materially damaged in any way.
25.11 (b) No person entity
may knowingly offer to distribute, advertise, or display nursery
25.12 stock that may result in the
capacity and tendency or effect of deceiving any purchaser or
25.13 prospective purchaser as to the
quantity, size, grade, kind, species name, age, variety,
25.14 maturity, condition, vigor,
hardiness, number of times transplanted, growth ability, growth
25.15 characteristics, rate of growth,
time required before flowering or fruiting, price, origin, place
25.16 where grown, or any other
material respect.
25.17 (c) Upon discovery or
notification of damaged, diseased, infested, or misrepresented
25.18 stock, the commissioner may
place a stop-sale stop sale and a withdrawal from
distribution
25.19 order on the material. The order
makes it an illegal action to distribute, give away, destroy,
25.20 alter, or tamper with the
plants.
25.21 (d) The commissioner may
conspicuously mark all plants, materials, and articles known
25.22 or suspected to be infected or
infested with quarantine or regulated nonquarantine pests or
25.23 significant dangerous or
potentially damaging plant pests. The commissioner shall notify
25.24 the persons, owners, or the
tenants in possession of the premises or area in question of the
25.25 existence of the plant pests.
25.26 (e) If the commissioner
determines that this chapter has been violated, the commissioner
25.27 may order that the nuisance,
infestation, infection, or plant pest be abated by whatever means
25.28 necessary, including, but not
limited to, destruction, confiscation, treatment, return shipment,
25.29 or quarantine.
25.30 (f) The plant owner is liable
for all costs associated with a stop order or a quarantine,
25.31 treatment, or destruction of
plants. The commissioner is not liable for any actual or incidental
25.32 costs incurred by a person
an entity due to authorized actions of the commissioner. The
26.1 commissioner must be reimbursed
by the owner of plants for actual expenses incurred by
26.2 the commissioner in carrying
out a stop order.
26.3 EFFECTIVE DATE. This
section is effective August 1, 2023.
26.4 Sec. 63. Minnesota Statutes
2022, section 18H.13, is amended to read:
26.5 18H.13 SHIPMENT OF NURSERY
STOCK INTO MINNESOTA.
26.6 Subdivision
1.Identification of origin. Proof of valid nursery certification and
origin
26.7 of all nursery stock must
accompany the any shipment. It is the shared responsibility of
26.8 both the consignee and
consignor to examine all shipments for the presence of current and
26.9 applicable nursery stock
certifications for all plant material from all sources of stock in each
26.10 shipment.
26.11 Subd. 2.Reciprocity.
A person An entity residing outside the state may distribute
nursery
26.12 stock in Minnesota if:
26.13 (1) the person entity
is duly certified under the nursery laws of the state where the nursery
26.14 stock originates and the laws of
that state are essentially equivalent to the laws of Minnesota
26.15 as determined by the
commissioner; and
26.16 (2) the person entity
complies with this chapter and the rules governing nursery stock
26.17 distributed in Minnesota.
26.18 Subd. 3.Reciprocal
agreements. The commissioner may cooperate with and enter into
26.19 reciprocal agreements with other
states regarding licensing and movement of nursery stock.
26.20 Reciprocal agreements with other
states do not prevent the commissioner from prohibiting
26.21 the distribution in Minnesota of
any nursery stock that fails to meet minimum criteria for
26.22 nursery stock of Minnesota
certified growers, dealers, or both. An official directory of
26.23 certified nurseries and related
nursery industry businesses from other states is acceptable
26.24 in lieu of individual nursery
certificates.
26.25 Subd. 4.Foreign
nursery stock. A person An entity receiving a shipment of
nursery
26.26 stock from a foreign country
that has not been inspected and released by the United States
26.27 Department of Agriculture at the
port of entry must notify the commissioner of the arrival
26.28 of the shipment, its contents,
and the name of the consignor. The person entity must hold
26.29 the shipment unopened until
inspected or released by the commissioner.
26.30 Subd. 5.Transportation
companies. A person An entity who acts as the representative
26.31 of a transportation company,
private carrier, commercial shipper, common carrier, express
26.32 parcel carrier, or other
transportation entity, and receives, ships, or otherwise distributes a
27.1 carload, box, container, or any
package of plants, plant materials, or nursery stock, that does
27.2 not have all required
certificates attached as required or fails to immediately notify the
27.3 commissioner is in violation of
this chapter.
27.4 EFFECTIVE DATE. This
section is effective August 1, 2023.
27.5 Sec. 64. Minnesota Statutes
2022, section 18H.14, is amended to read:
27.6 18H.14 LABELING AND ADVERTISING
OF NURSERY STOCK.
27.7 (a) Plants, plant
materials, or nursery stock must not be labeled or advertised with false
27.8 or misleading information
including, but not limited to, the scientific name, variety, place
27.9 of origin, and hardiness
zone as defined by the United States Department of Agriculture,
27.10 and growth habit.
27.11 (b) All nonhardy nursery stock
as designated by the commissioner must be labeled
27.12 correctly for hardiness or be
labeled "nonhardy" in Minnesota.
27.13 (c) A person An entity
may not offer for distribution plants, plant materials, or nursery
27.14 stock, represented by some
specific or special form of notation, including, but not limited
27.15 to, "free from" or
"grown free of," unless the plants are produced under a specific
program
27.16 approved by the commissioner to
address the specific plant properties addressed in the
27.17 special notation claim.
27.18 (d) Nursery stock collected from
the wild state must be inspected and certified prior to
27.19 sale and at the time of sale
must be labeled "Collected from the Wild." The label must remain
27.20 on each plant or clump of plants
while it is offered for sale and during the distribution
27.21 process. The collected stock may
be grown in nursery rows at least two years, after which
27.22 the plants may be sold without
the labeling required by this paragraph.
27.23 (e) A person An entity
selling at retail or providing to an end user may not label or
27.24 advertise an annual plant, bedding
plant, or other plant, plant material, or nursery stock as
27.25 beneficial to pollinators if the
annual plant, bedding plant, plant material, or nursery stock
27.26 has:
27.27 (1) been treated with a systemic
insecticide that:
27.28 (i) has a pollinator protection
box on the label; or
27.29 (ii) has a pollinator, bee, or
honey bee precautionary statement in the environmental
27.30 hazards section of the
insecticide product label; and
27.31 (2) a concentration in its
flowers greater than the no observed adverse effect level of a
27.32 systemic insecticide.
28.1 The commissioner shall enforce
this paragraph as provided in chapter 18J.
28.2 (f) For the purposes of
paragraph (e):
28.3 (1) "systemic
insecticide" means an insecticide that is both absorbed by the plant and
28.4 translocated through the
plant's vascular system; and
28.5 (2) "no observed adverse
effect level" means the level established by the United States
28.6 Environmental Protection Agency
for acute oral toxicity for adult honeybees.
28.7 EFFECTIVE DATE. This
section is effective August 1, 2023.
28.8 Sec. 65. Minnesota Statutes
2022, section 18H.15, is amended to read:
28.9 18H.15 VIOLATIONS.
28.10 (a) A person An
entity who offers to distribute nursery stock that is uncertified,
28.11 uninspected, or falsely labeled
or advertised possesses an illegal regulated commodity that
28.12 is considered infested or
infected with harmful plant pests and subject to regulatory action
28.13 and control. If the commissioner
determines that the provisions of this section have been
28.14 violated, the commissioner may
order the destruction of all of the plants unless the person
28.15 entity:
28.16 (1) provides proper
phytosanitary preclearance, phytosanitary certification, or nursery
28.17 stock certification;
28.18 (2) agrees to have the plants,
plant materials, or nursery stock returned to the consignor;
28.19 and
28.20 (3) provides proper
documentation, certification, or compliance to support advertising
28.21 claims.
28.22 (b) The plant owner is liable
for all costs associated with a withdrawal-from-distribution
28.23 order or the quarantine,
treatment, or destruction of plants. The commissioner is not liable
28.24 for actual or incidental costs
incurred by a person an entity due to the commissioner's actions.
28.25 The commissioner must be
reimbursed by the owner of the plants for the actual expenses
28.26 incurred in carrying out a
withdrawal-from-distribution order or the quarantine, treatment,
28.27 or destruction of any plants.
28.28 (c) It is unlawful for a
person an entity to:
28.29 (1) misrepresent, falsify, or
knowingly distribute, sell, advertise, or display damaged,
28.30 mislabeled, misrepresented,
infested, or infected nursery stock;
28.31 (2) fail to obtain a nursery
certificate as required by the commissioner;
29.1 (3) fail to renew a nursery
certificate, but continue business operations;
29.2 (4) fail to display a
nursery certificate;
29.3 (5) (4)
misrepresent or falsify a nursery certificate;
29.4 (6) (5) refuse to
submit to a nursery inspection;
29.5 (7) (6) fail to
provide the cooperation necessary to conduct a successful nursery
29.6 inspection;
29.7 (8) (7) offer for
sale uncertified plants, plant materials, or nursery stock;
29.8 (9) (8) possess
an illegal regulated commodity;
29.9 (10) (9) violate
or disobey a commissioner's order;
29.10 (11) (10) violate
a quarantine issued by the commissioner;
29.11 (12) (11) fail to
obtain phytosanitary certification for plant material or nursery stock
29.12 brought into Minnesota;
29.13 (13) (12) deface,
mutilate, or destroy a nursery stock certificate, phytosanitary certificate,
29.14 or phytosanitary preclearance
certificate, or other commissioner mark, permit, or certificate;
29.15 (14) (13) fail to
notify the commissioner of an uncertified shipment of plants, plant
29.16 materials, or nursery
stock;
29.17 (15) (14) transport
uncertified plants, plant materials, or nursery stock in Minnesota; or
29.18 (16) (15) sell
nursery stock to an uncertified nursery stock dealer who is required to be
29.19 certified.
29.20 EFFECTIVE DATE. This
section is effective August 1, 2023.
29.21 Sec. 66. Minnesota Statutes
2022, section 18H.18, is amended to read:
29.22 18H.18 CONSERVATION OF
CERTAIN WILDFLOWERS.
29.23 Subdivision
1.Restrictions on collecting. No person entity shall
distribute any species
29.24 of orchids (Orchidaceae), any
gentian (Gentiana), arbutus (Epigaea repens), lilies (Lilium
29.25 species), coneflowers (Echinacea
species), bloodroot (Sanguinaria canadensis), mayapple
29.26 (Podophyllum peltatutum), any
species of trillium (Trillium species), or lotus (Nelumbo
29.27 lutea), which that
have been collected in any manner from any public or private property
29.28 without the written permission
of the property owner and. Plants intended to be offered for
29.29 sale must have the
written authorization from the commissioner.
30.1 Subd. 2.Collection
without sale. Wildflower collection from public or private land for
30.2 the purpose of transplanting
the plants to a person's an entity's private property and not
30.3 offering for immediate sale,
requires the written permission from the property owner of the
30.4 land on which the wildflowers
are growing.
30.5 Subd. 3.Collection
with intent to sell or distribute wildflowers. (a) The wildflowers
30.6 listed in this section may be
offered for immediate sale only if the plants are to be used for
30.7 scientific or herbarium
purposes.
30.8 (b) The wildflowers listed in
this section must not be collected and sold commercially
30.9 unless the plants are:
30.10 (1) growing naturally,
collected, and cultivated on the collector's property; or
30.11 (2) collected through the
process described in subdivision 2 and transplanted and
30.12 cultivated on the collector's
property for at least one growing season before the sale.
30.13 (c) The collector must obtain a
written permit from the commissioner before the plants
30.14 may be offered for commercial
sale.
30.15 (d) A plant sold commercially
must be individually labeled with a department permit
30.16 number.
30.17 EFFECTIVE DATE. This
section is effective August 1, 2023.
30.18 Sec. 67. Minnesota Statutes
2022, section 18J.08, subdivision 1, is amended to read:
30.19 Subdivision 1.Notice
of appeal. (a) After service of an order, a person has 45 20
days
30.20 from receipt of the order to
notify the commissioner in writing that the person intends to
30.21 contest the order.
30.22 (b) If the person fails to
notify the commissioner that the person intends to contest the
30.23 order, the order is a final
order of the commissioner and not subject to further judicial or
30.24 administrative review.
30.25 EFFECTIVE DATE. This
section is effective August 1, 2023.
30.26 Sec. 68. Minnesota Statutes
2022, section 32D.02, subdivision 2, is amended to read:
30.27 Subd. 2.Power
and authority. For the purpose of enforcing this chapter, the
30.28 commissioner and the
commissioner's assistants, agents, and employees have the power
30.29 and authority granted under chapter
34A and sections 31.02 to 31.171.
30.30 EFFECTIVE DATE. This
section is effective August 1, 2023.
31.1 Sec. 69. Minnesota Statutes
2022, section 32D.09, subdivision 2, is amended to read:
31.2 Subd. 2.Permitting.
No person shall operate a dairy plant in this state unless the dairy
31.3 plant, equipment, and water
supply and plumbing system have been first approved by the
31.4 commissioner and a permit
issued to operate the same. A permit may be revoked by the
31.5 commissioner for due
cause pursuant to section 34A.06.
31.6 EFFECTIVE DATE. This
section is effective August 1, 2023.
31.7 Sec. 70. Minnesota Statutes
2022, section 34A.04, subdivision 1, is amended to read:
31.8 Subdivision 1.Enforcement
required. (a) The commissioner shall enforce this chapter
31.9 and chapters 28, 28A, 29, 30,
31, 31A, 32D, and 34. To carry out the enforcement duties
31.10 under these chapters, the
commissioner may, upon presenting appropriate credentials, during
31.11 regular working hours and at
other reasonable times, inspect premises subject to the
31.12 commissioner's enforcement and
licensing authority; require information from persons with
31.13 information relevant to an
inspection; and inspect and copy relevant papers and records,
31.14 including business records.
31.15 (b) The commissioner may
administer oaths, take and cause to be taken depositions of
31.16 witnesses, and issue subpoenas,
and may petition the district court in the county in which
31.17 the premises is located to
compel compliance with subpoenas or to permit an inspection.
31.18 (c) Violations of chapters 28,
28A, 29, 30, 31, 31A, 32D, and 34, or rules adopted under
31.19 chapters 28, 28A, 29, 30, 31,
31A, 32D, and 34, are a violation of this chapter.
31.20 (d) Upon the request of the
commissioner, county attorneys, sheriffs, and other officers
31.21 having authority in the
enforcement of the general criminal laws shall take action to the
31.22 extent of their authority
necessary or proper for the enforcement of this chapter or standards,
31.23 stipulations, and agreements of
the commissioner.
31.24 EFFECTIVE DATE. This
section is effective August 1, 2023.
31.25 Sec. 71. Minnesota Statutes
2022, section 41A.16, subdivision 7, is amended to read:
31.26 Subd. 7.Eligibility
for participants after April 1, 2023. (a) A facility eligible for
31.27 payment under this section must
source from Minnesota at least 80 percent raw materials
31.28 from Minnesota of
the biomass used to produce an advanced biofuel. If a facility is sited
31.29 50 miles or less from the state
border, raw materials biomass that the facility uses to produce
31.30 an advanced biofuel
may be sourced from out of state when at least 80 percent of the biomass
31.31 is sourced within a
100-mile radius of the facility or from Minnesota. Raw materials must
31.32 be from agricultural or
forestry sources or from solid waste. The facility must be located in
32.1 Minnesota, must begin
production at a specific location after April 1, 2023, and before June
32.2 30, 2025, and must not begin
operating above 23,750 MMbtu of quarterly advanced biofuel
32.3 production before July 1, 2015.
Eligible facilities include existing companies and facilities
32.4 that are adding advanced
biofuel production capacity, or retrofitting existing capacity, as
32.5 well as new companies and
facilities. Production of conventional corn ethanol and
32.6 conventional biodiesel is not
eligible. Eligible advanced biofuel facilities must produce at
32.7 least 23,750 1,500
MMbtu of advanced biofuel quarterly.
32.8 (b) No payments shall be made
for advanced biofuel production that occurs after June
32.9 30, 2035, for those eligible
biofuel producers under paragraph (a).
32.10 (c) An eligible producer of
advanced biofuel shall not transfer the producer's eligibility
32.11 for payments under this section
to an advanced biofuel facility at a different location.
32.12 (d) A producer that ceases
production for any reason is ineligible to receive payments
32.13 under this section until the
producer resumes production.
32.14 (e) Renewable chemical
production for which payment has been received under section
32.15 41A.17, and biomass thermal
production for which payment has been received under section
32.16 41A.18, are not eligible for
payment under this section.
32.17 (f) Biobutanol is eligible under
this section.
32.18 EFFECTIVE DATE. This
section is effective August 1, 2023.
32.19 Sec. 72. Minnesota Statutes
2022, section 41A.17, subdivision 6, is amended to read:
32.20 Subd. 6.Eligibility
for participants after April 1, 2023. (a) A facility eligible for
32.21 payment under this program must
source from Minnesota at least 80 percent biobased
32.22 content from Minnesota.
For the purposes of this subdivision, "biobased content" means a
32.23 chemical, polymer,
monomer, or plastic that is not sold primarily for use as food, feed, or
32.24 fuel and that has a
biobased percentage of at least 51 percent as determined by testing
32.25 representative samples
using American Society for Testing and Materials specification
32.26 D6866 of the
biomass used to produce a renewable chemical. If a facility is sited 50
miles
32.27 or less from the state border, biobased
content must biomass that the facility uses to produce
32.28 a renewable chemical may
be sourced from out of state when at least 80 percent of the
32.29 biomass is sourced from
within a 100-mile radius of the facility or from Minnesota. Biobased
32.30 content must be from
agricultural or forestry sources or from solid waste. The facility must
32.31 be located in Minnesota, must
begin production at a specific location after April 1, 2023,
32.32 and before June 30, 2025, and
must not begin production of 750,000 250,000 pounds or
32.33 more of chemicals quarterly
before January 1, 2015. Eligible facilities include existing
33.1 companies and facilities that
are adding production capacity, or retrofitting existing capacity,
33.2 as well as new companies and
facilities. Eligible renewable chemical facilities must produce
33.3 at least 750,000
250,000 pounds of renewable chemicals quarterly. Renewable chemicals
33.4 produced through processes that
are fully commercial before January 1, 2000, are not
33.5 eligible.
33.6 (b) No payments shall be made
for renewable chemical production that occurs after June
33.7 30, 2035, for those eligible renewable
chemical producers under paragraph (a).
33.8 (c) An eligible producer of
renewable chemicals shall not transfer the producer's eligibility
33.9 for payments under this section
to a renewable chemical facility at a different location.
33.10 (d) A producer that ceases
production for any reason is ineligible to receive payments
33.11 under this section until the
producer resumes production.
33.12 (e) Advanced biofuel production
for which payment has been received under section
33.13 41A.16, and biomass thermal
production for which payment has been received under section
33.14 41A.18, are not eligible for
payment under this section.
33.15 EFFECTIVE DATE. This
section is effective August 1, 2023.
33.16 Sec. 73. Minnesota Statutes
2022, section 41A.18, subdivision 6, is amended to read:
33.17 Subd. 6.Eligibility
for participants after April 1, 2023. (a) A facility eligible for
33.18 payment under this section must
source from Minnesota at least 80 percent raw materials
33.19 from Minnesota of
the biomass used for biomass thermal production. If a facility is sited
33.20 50 miles or less from the state
border, raw materials should biomass that the facility uses
33.21 for biomass thermal
production may be sourced from out of state when at least 80 percent
33.22 of the biomass is sourced
fromwithin a 100-mile radius of the facility or from Minnesota.
33.23 Raw materials Biomass
must be from agricultural or forestry sources. The facility must be
33.24 located in Minnesota, must have begun
production at a specific location after April 1, 2023,
33.25 and before June 30, 2025, and
must not begin before July 1, 2015. Eligible facilities include
33.26 existing companies and
facilities that are adding production capacity, or retrofitting existing
33.27 capacity, as well as new
companies and facilities. Eligible biomass thermal production
33.28 facilities must produce at least
250 MMbtu of biomass thermal quarterly.
33.29 (b) No payments shall be made
for biomass thermal production that occurs after June
33.30 30, 2035, for those eligible
biomass thermal producers under paragraph (a).
33.31 (c) An eligible producer of
biomass thermal production shall not transfer the producer's
33.32 eligibility for payments under
this section to a biomass thermal production facility at a
33.33 different location.
34.1 (d) A producer that ceases
production for any reason is ineligible to receive payments
34.2 under this section until the
producer resumes production.
34.3 (e) Biofuel production for
which payment has been received under section 41A.16, and
34.4 renewable chemical production
for which payment has been received under section 41A.17,
34.5 are not eligible for payment
under this section.
34.6 EFFECTIVE DATE. This
section is effective August 1, 2023.
34.7 Sec. 74. Minnesota Statutes
2022, section 156.001, is amended by adding a subdivision
34.8 to read:
34.9 Subd. 5a.Direct
supervision. "Direct supervision" means:
34.10 (1) when a supervising
veterinarian or licensed veterinary technician is in the immediate
34.11 area and within audible
or visual range of an animal and the unlicensed veterinary employee
34.12 treating the animal;
34.13 (2) the supervising
veterinarian has met the requirements of a veterinarian-client-patient
34.14 relationship under
section 156.16, subdivision 12; and
34.15 (3) the supervising
veterinarian assumes responsibility for the professional care given
34.16 to an animal by a person
working under the veterinarian's direction.
34.17 EFFECTIVE DATE. This
section is effective July 1, 2025.
34.18 Sec. 75. Minnesota Statutes
2022, section 156.001, is amended by adding a subdivision
34.19 to read:
34.20 Subd. 7a.Licensed
veterinary technician. "Licensed veterinary technician"
means a
34.21 person licensed by the
board under section 156.077.
34.22 EFFECTIVE DATE. This
section is effective July 1, 2025.
34.23 Sec. 76. Minnesota Statutes
2022, section 156.001, is amended by adding a subdivision
34.24 to read:
34.25 Subd. 10b.Remote
supervision. "Remote supervision" means:
34.26 (1) a veterinarian is not
on the premises but is acquainted with the keeping and care of
34.27 an animal by virtue of an
examination of the animal or medically appropriate and timely
34.28 visits to the premises
where the animal is kept;
35.1 (2) the veterinarian has
given written or oral instructions to a licensed veterinary
35.2 technician for ongoing
care of an animal and is available by telephone or other form of
35.3 immediate communication;
and
35.4 (3) the employee
treating the animal timely enters into the animal's medical record
35.5 documentation of the
treatment provided, and the documentation is reviewed by the
35.6 veterinarian.
35.7 EFFECTIVE DATE. This
section is effective July 1, 2025.
35.8 Sec. 77. Minnesota Statutes
2022, section 156.001, is amended by adding a subdivision
35.9 to read:
35.10 Subd. 12.Veterinary
technology. "Veterinary technology" means the science and
35.11 practice of providing
professional support to veterinarians, including the direct supervision
35.12 of unlicensed veterinary
employees. Veterinary technology does not include veterinary
35.13 diagnosis, prognosis,
surgery, or medication prescription.
35.14 EFFECTIVE DATE. This
section is effective July 1, 2025.
35.15 Sec. 78. Minnesota Statutes
2022, section 156.07, is amended to read:
35.16 156.07 LICENSE RENEWAL.
35.17 Persons licensed under this
chapter shall conspicuously display their license in their
35.18 principal place of business.
35.19 Persons now qualified to
practice veterinary medicine licensed in this state, or who shall
35.20 hereafter be licensed by the
Board of Veterinary Medicine to engage in the practice as
35.21 veterinarians or
veterinary technicians, shall periodically renew their license in a manner
35.22 prescribed by the board. The
board shall establish license renewal fees and continuing
35.23 education requirements. The
board may establish, by rule, an inactive license category, at
35.24 a lower fee, for licensees not
actively engaged in the practice of veterinary medicine or
35.25 veterinary technology
within the state of Minnesota. The board may assess a charge for
35.26 delinquent payment of a renewal
fee.
35.27 Any person who is licensed to
practice veterinary medicine or veterinary technology in
35.28 this state pursuant to this
chapter, shall be entitled to receive a license to continue to practice
35.29 upon making application to the
board and complying with the terms of this section and rules
35.30 of the board.
35.31 EFFECTIVE DATE. This
section is effective July 1, 2025.
36.1 Sec. 79. [156.0721]
INSTITUTIONAL LICENSURE.
36.2 Subdivision
1.Application and eligibility. (a) Any person who seeks to
practice
36.3 veterinary medicine
while employed by the University of Minnesota and who is not eligible
36.4 for a regular license
shall make a written application to the board for an institutional license
36.5 using forms provided for
that purpose or in a format accepted by the board. The board shall
36.6 issue an institutional
license to practice veterinary medicine to an applicant who:
36.7 (1) has obtained the
degree of doctor of veterinary medicine or its equivalent from a
36.8 nonaccredited college of
veterinary medicine. A graduate from an accredited college and
36.9 an applicant who has
earned ECFVG or PAVE certificates should apply for a regular license
36.10 to practice veterinary
medicine;
36.11 (2) has passed the
Minnesota Veterinary Jurisprudence Examination;
36.12 (3) is a person of good
moral character, as attested by five notarized reference letters
36.13 from adults not related
to the applicant, at least two of whom are licensed veterinarians in
36.14 the jurisdiction where
the applicant is currently practicing or familiar with the applicant's
36.15 clinical abilities as
evidenced in clinical rotations;
36.16 (4) has paid the license application
fee;
36.17 (5) provides proof of
employment by the University of Minnesota;
36.18 (6) certifies that the
applicant understands and agrees that the institutional license is
36.19 valid only for the
practice of veterinary medicine associated with the applicant's employment
36.20 as a faculty member,
intern, resident, or locum of the University of Minnesota College of
36.21 Veterinary Medicine or
other unit of the University of Minnesota;
36.22 (7) provides proof of
graduation from a veterinary college;
36.23 (8) completed a criminal
background check as defined in section 214.075; and
36.24 (9) provides other
information and proof as the board may require by rules and
36.25 regulations.
36.26 (b) The University of
Minnesota may submit the applications of its employees who seek
36.27 an institutional license
in a compiled format acceptable to the board, with any license
36.28 application fees in a
single form of payment.
36.29 (c) The fee for a license
issued under this subdivision is the same as for a regular license
36.30 to practice veterinary
medicine in the state. License payment and renewal deadlines, late
36.31 payment fees, and other
license requirements are also the same as for a regular license to
36.32 practice veterinary
medicine.
37.1 (d) The University of
Minnesota may be responsible for timely payment of renewal fees
37.2 and submission of
renewal forms.
37.3 Subd. 2.Scope
of practice. (a) An institutional license holder may practice
veterinary
37.4 medicine only as related
to the license holder's regular function at the University of
37.5 Minnesota. A person
holding only an institutional license in this state must be remunerated
37.6 for the practice of
veterinary medicine in the state solely from state, federal, or institutional
37.7 funds and not from the
patient-owner beneficiary of the license holder's practice efforts.
37.8 (b) A license issued
under this section must be canceled by the board upon receipt of
37.9 information from the
University of Minnesota that the holder of the license has left or is
37.10 otherwise no longer
employed at the University of Minnesota in this state.
37.11 (c) An institutional
license holder must abide by all laws governing the practice of
37.12 veterinary medicine in
the state and is subject to the same disciplinary action as any other
37.13 veterinarian licensed in
the state.
37.14 EFFECTIVE DATE. This
section is effective August 1, 2023.
37.15 Sec. 80. [156.076] DIRECT SUPERVISION;
UNLICENSED VETERINARY
37.16 EMPLOYEES.
37.17 (a) An unlicensed
veterinary employee may only administer medication or render
37.18 auxiliary or supporting
assistance under the direct supervision of a licensed veterinarian or
37.19 licensed veterinary
technician.
37.20 (b) This section does not
prohibit:
37.21 (1) the performance of
generalized nursing tasks ordered by the veterinarian and
37.22 performed by an
unlicensed employee on inpatient animals during the hours when a
37.23 veterinarian is not on
the premises; or
37.24 (2) under emergency
conditions, an unlicensed employee from rendering lifesaving aid
37.25 and treatment to an
animal in the absence of a veterinarian if the animal is in a life-threatening
37.26 condition and requires
immediate treatment to sustain life or prevent further injury.
37.27 EFFECTIVE DATE. This
section is effective July 1, 2025.
37.28 Sec. 81. [156.077]
LICENSED VETERINARY TECHNICIANS.
37.29 Subdivision
1.Licensure; practice. (a) The board shall issue a license to
practice as a
37.30 veterinary technician to
an applicant who satisfies the requirements in this section and those
37.31 imposed by the board in
rule. A licensed veterinary technician may practice veterinary
38.1 technology. A person may
not use the title "veterinary technician" or the abbreviation
"LVT"
38.2 unless licensed by the
board.
38.3 (b) The board may adopt
by rule additional licensure requirements or definitions for
38.4 veterinary technician
titles.
38.5 Subd. 2.Applicants;
qualifications. Application for a license to practice veterinary
38.6 technology in this state
shall be made to the board on a form furnished by the board and
38.7 accompanied by evidence
satisfactory to the board that the applicant is at least 18 years of
38.8 age, is of good moral
character, and has met the following requirements:
38.9 (1) graduated from a
veterinary technology program accredited or approved by the
38.10 American Veterinary
Medical Association or Canadian Veterinary Medical Association;
38.11 (2) received a passing
score for the Veterinary Technician National Examination;
38.12 (3) received a passing
score for the Minnesota Veterinary Technician Jurisprudence
38.13 Examination; and
38.14 (4) completed a criminal
background check.
38.15 Subd. 3.Required
with application. A completed application must contain the following
38.16 information and material:
38.17 (1) the application fee
set by the board, which is not refundable if permission to take the
38.18 jurisprudence examination
is denied for good cause;
38.19 (2) proof of graduation
from a veterinary technology program accredited or approved
38.20 by the American
Veterinary Medical Association or Canadian Veterinary Medical
38.21 Association;
38.22 (3) affidavits from at
least two licensed veterinarians and three adults who are not related
38.23 to the applicant that
establish how long, when, and under what circumstances the references
38.24 have known the applicant
and any other facts that may enable the board to determine the
38.25 applicant's
qualifications; and
38.26 (4) if the applicant has
served in the armed forces, a copy of the applicant's discharge
38.27 papers.
38.28 Subd. 4.Temporary
alternative qualifications. (a) The board shall consider an
38.29 application for licensure
submitted by a person before July 1, 2030, if the person provides
38.30 evidence satisfactory to
the board that the person:
38.31 (1) is a certified
veterinary technician in good standing with the Minnesota Veterinary
38.32 Medical Association; or
39.1 (2) has at least 4,160
hours actively engaged in the practice of veterinary technology
39.2 within the previous five
years.
39.3 (b) Each applicant under
this subdivision must also submit to the board affidavits from
39.4 at least two licensed
veterinarians and three adults who are not related to the applicant that
39.5 establish how long,
when, and under what circumstances the references have known the
39.6 applicant and any other
facts that may enable the board to determine the applicant's
39.7 qualifications.
39.8 EFFECTIVE DATE. This
section is effective July 1, 2025.
39.9 Sec. 82. [156.078]
NONRESIDENTS; LICENSED VETERINARY TECHNICIANS.
39.10 A credentialed
veterinary technician duly admitted to practice in any state,
39.11 commonwealth, territory,
or district of the United States or province of Canada that desires
39.12 permission to practice
veterinary technology in this state shall submit an application to the
39.13 board on a form furnished
by the board. The board shall review an application for transfer
39.14 if the applicant submits:
39.15 (1) a copy of a diploma
from an accredited or approved college of veterinary technology
39.16 or certification from the
dean, registrar, or secretary of an accredited or approved college
39.17 of veterinary technology
or a certificate of satisfactory completion of the PAVE program;
39.18 (2) if requesting waiver
of examination, evidence of meeting licensure requirements in
39.19 the state of the
applicant's original licensure;
39.20 (3) affidavits of two
licensed practicing doctors of veterinary medicine or veterinary
39.21 technicians residing in
the United States or Canadian licensing jurisdiction in which the
39.22 applicant is or was most
recently practicing, attesting that they are well acquainted with the
39.23 applicant, that the
applicant is a person of good moral character, and that the applicant has
39.24 been actively engaged in
practicing or teaching in such jurisdiction;
39.25 (4) a certificate from
the agency that regulates the conduct of practice of veterinary
39.26 technology in the
jurisdiction in which the applicant is or was most recently practicing,
39.27 stating that the
applicant is in good standing and is not the subject of disciplinary action or
39.28 pending disciplinary
action;
39.29 (5) a certificate from
all other jurisdictions in which the applicant holds a currently active
39.30 license or held a license
within the past ten years, stating that the applicant is and was in
39.31 good standing and has not
been subject to disciplinary action;
40.1 (6) in lieu of the
certificates in clauses (4) and (5), certification from the Veterinary
40.2 Information Verification
Agency that the applicant's licensure is in good standing;
40.3 (7) a fee as set by the
board in form of check or money order payable to the board, no
40.4 part of which shall be
refunded should the application be denied;
40.5 (8) score reports on
previously taken national examinations in veterinary technology,
40.6 certified by the
Veterinary Information Verification Agency or evidence of employment as
40.7 a veterinary technician
for at least three years;
40.8 (9) proof that the
applicant received a passing score for the Minnesota Veterinary
40.9 Technician Jurisprudence
Examination; and
40.10 (10) proof of a completed
criminal background check.
40.11 EFFECTIVE DATE. This
section is effective July 1, 2025.
40.12 Sec. 83. Minnesota Statutes
2022, section 156.12, subdivision 2, is amended to read:
40.13 Subd. 2.Authorized
activities. No provision of this chapter shall be construed to prohibit:
40.14 (a) a person from rendering
necessary gratuitous assistance in the treatment of any animal
40.15 when the assistance does not
amount to prescribing, testing for, or diagnosing, operating,
40.16 or vaccinating and when the
attendance of a licensed veterinarian cannot be procured;
40.17 (b) a person who is a regular
student in an accredited or approved college of veterinary
40.18 medicine from performing duties
or actions assigned by instructors or preceptors or working
40.19 under the direct supervision of
a licensed veterinarian;
40.20 (c) a veterinarian regularly
licensed in another jurisdiction from consulting with a licensed
40.21 veterinarian in this state;
40.22 (d) the owner of an animal and
the owner's regular employee from caring for and
40.23 administering to the animal
belonging to the owner, except where the ownership of the
40.24 animal was transferred for
purposes of circumventing this chapter;
40.25 (e) veterinarians who are in
compliance with subdivision 6 section 156.0721 and who
40.26 are employed by the University
of Minnesota from performing their duties with the College
40.27 of Veterinary Medicine,
College of Agriculture,; Veterinary Diagnostic Laboratory;
40.28 Agricultural Experiment Station,;
Agricultural Extension Service,; Medical School,;
School
40.29 of Public Health,;
School of Nursing; or other unit within the university; or a person from
40.30 lecturing or giving instructions
or demonstrations at the university or in connection with a
40.31 continuing education course or
seminar to veterinarians or pathologists at the University of
40.32 Minnesota Veterinary
Diagnostic Laboratory;
41.1 (f) any person from selling or
applying any pesticide, insecticide or herbicide;
41.2 (g) any person from engaging in
bona fide scientific research or investigations which
41.3 reasonably requires
experimentation involving animals;
41.4 (h) any employee of a licensed
veterinarian from performing duties other than diagnosis,
41.5 prescription or surgical
correction under the direction and supervision of the veterinarian,
41.6 who shall be responsible for
the performance of the employee;
41.7 (i) a graduate of a foreign
college of veterinary medicine from working under the direct
41.8 personal instruction, control,
or supervision of a veterinarian faculty member of the College
41.9 of Veterinary Medicine,
University of Minnesota in order to complete the requirements
41.10 necessary to obtain an ECFVG or
PAVE certificate;
41.11 (j) a licensed chiropractor
registered under section 148.01, subdivision 1a, from practicing
41.12 animal chiropractic; or
41.13 (k) a person certified by the
Emergency Medical Services Regulatory Board under
41.14 chapter 144E from providing
emergency medical care to a police dog wounded in the line
41.15 of duty.
41.16 EFFECTIVE DATE. This
section is effective August 1, 2023.
41.17 Sec. 84. Minnesota Statutes
2022, section 156.12, subdivision 4, is amended to read:
41.18 Subd. 4.Titles.
It is unlawful for a person who has not received a professional degree
41.19 from an accredited or approved
college of veterinary medicine, or ECFVG or PAVE
41.20 certification, or an
institutional license under section 156.0721 to use any of the following
41.21 titles or designations: Veterinary,
veterinarian, animal doctor, animal surgeon, animal dentist,
41.22 animal chiropractor, animal
acupuncturist, or any other title, designation, word, letter,
41.23 abbreviation, sign, card, or
device tending to indicate that the person is qualified to practice
41.24 veterinary medicine.
41.25 EFFECTIVE DATE. This
section is effective August 1, 2023.
41.26 Sec. 85. REPEALER.
41.27 (a) Minnesota Statutes 2022, section 156.12, subdivision 6, is
repealed.
41.28 (b) Minnesota Statutes
2022, sections 32D.24; 32D.25; 32D.26; 32D.27; and 32D.28,
41.29 are repealed.
41.30 (c) Minnesota Statutes
2022, sections 17.984; and 32D.03, subdivision 5, are repealed.
42.1 (d) Minnesota Statutes
2022, sections 18G.02, subdivisions 12, 17, 21, 25, and 29;
42.2 18H.02, subdivisions 10,
12a, 29, 31, 32a, and 34; and 18H.06, subdivision 1, are repealed.
42.3 (e) Minnesota Statutes
2022, sections 18F.02, subdivisions 2 and 9; and 18F.12, are
42.4 repealed.
APPENDIX
Repealed Minnesota Statutes:
S2128-1
No active language found for:
17.984
18F.02 DEFINITIONS.
No active language found for:
18F.02.2
No active language found for:
18F.02.9
No active language found for:
18F.12
18G.02 DEFINITIONS.
No active language found for:
18G.02.12
No active language found for:
18G.02.17
No active language found for:
18G.02.21
No active language found for:
18G.02.25
No active language found for:
18G.02.29
18H.02 DEFINITIONS.
No active language found for:
18H.02.10
No active language found for:
18H.02.12a
No active language found for:
18H.02.29
No active language found for:
18H.02.31
No active language found for:
18H.02.32a
No active language found for:
18H.02.34
18H.06 EXEMPT NURSERY SALES.
No active language found for:
18H.06.1
32D.03 BULK MILK HAULER AND SAMPLER LICENSE.
No active language found for:
32D.03.5
No active language found for:
32D.24
No active language found for:
32D.25
No active language found for:
32D.26
No active language found for:
32D.27
No active language found for:
32D.28
156.12 PRACTICE OF VETERINARY MEDICINE.Subd. 6.Faculty licensure.
(a) Veterinary Medical Center
clinicians at the College of Veterinary Medicine, University of Minnesota, who
are engaged in the practice of veterinary medicine as defined in subdivision 1
and who treat animals owned by clients of the Veterinary Medical Center must
possess the same license required by other veterinary practitioners in the
state of Minnesota except for persons covered by paragraphs (b) and (c).
(b) A specialty practitioner in a
hard-to-fill faculty position who has been employed at the College of
Veterinary Medicine, University of Minnesota, for five years or more prior to
2003 or is specialty board certified by the American Veterinary Medical
Association or the European Board of Veterinary Specialization may be granted a
specialty faculty Veterinary Medical Center clinician license which will allow
the licensee to practice veterinary medicine in the state of Minnesota in the
specialty area of the licensee's training and only within the scope of
employment at the Veterinary Medical Center.
(c) A specialty practitioner in a
hard-to-fill faculty position at the College of Veterinary Medicine, University
of Minnesota, who has graduated from a board-approved foreign veterinary school
may be granted a temporary faculty Veterinary Medical Center clinician license.
The temporary faculty Veterinary Medical Center clinician license expires in
two years and allows the licensee to practice veterinary medicine as defined in
subdivision 1 and treat animals owned by clients of the Veterinary Medical
Center. The temporary faculty Veterinary Medical Center clinician license
allows the licensee to practice veterinary medicine in the state of Minnesota
in the specialty area of the licensee's training and only within the scope of
employment at the Veterinary Medical Center while under the direct supervision
of a veterinarian currently licensed and actively practicing veterinary medicine
in Minnesota, as defined in section 156.04. The direct supervising veterinarian
must not have any current or past conditions, restrictions, or probationary
status imposed on the veterinarian's license by the board within the past five
years. The holder of a temporary faculty Veterinary Medical Center clinician
license who is enrolled in a PhD program may apply for up to two additional
consecutive two-year extensions of an expiring temporary faculty Veterinary
Medical Center clinician license. Any other holder of a temporary faculty
Veterinary Medical Center clinician license may apply for one two-year
extension of the expiring temporary faculty Veterinary Medical Center clinician
license. Temporary faculty Veterinary Medical Center clinician licenses that
are allowed to expire may not be renewed. The board shall grant an extension to
a licensee who demonstrates suitable progress toward completing the
requirements of their academic program, specialty board certification, or full
licensure in Minnesota by a graduate of a foreign veterinary college.
(d) Temporary and specialty faculty
Veterinary Medical Center clinician licensees must abide by all the laws
governing the practice of veterinary medicine in the state of Minnesota and are
subject to the same disciplinary action as any other veterinarian licensed in
the state of Minnesota.
(e) The fee for a license issued
under this subdivision is the same as for a regular license to practice
veterinary medicine in Minnesota. License payment deadlines, late payment fees,
and other license requirements are also the same as for regular licenses.
