Chapter 17 — Agricultural Commodities Promotion Act

116J.9671 This section has been repealed and is no longer in effect. 116J.9672 This section has been repealed and is no longer in effect. 116J.9673 This section has been repealed and is no longer in effect. 17.01 Creation of Department; Commissioner; Deputy Creates the Minnesota Department of Agriculture and gives the governor power to appoint the commissioner. 17.013 Delegations of Powers to Deputy Commissioner The commissioner of agriculture can give the deputy commissioner authority to act in their place. 17.02 This section has been repealed and is no longer in effect. 17.03 Powers and Duties of Commissioner Lists the main powers and duties of the commissioner of agriculture, including promoting farming and enforcing … 17.031 This section has been repealed and is no longer in effect. 17.032 This section has been repealed and is no longer in effect. 17.033 License and Permit Surcharges The commissioner of agriculture may collect a surcharge on all licensing and permitting transactions handled by the … 17.035 Venison Distribution and Reimbursement A licensed meat processor may apply to the commissioner of agriculture for reimbursement of $150 toward the documented … 17.037 This section has been renumbered. Its provisions now appear at Minnesota Statutes section 28A.0753. 17.038 This section has been repealed and is no longer in effect. 17.039 Ethical Guidelines for Farm Advocates Farm advocates who work with farmers must follow ethical guidelines set by the commissioner. 17.04 Enforcement of Food Laws The commissioner must enforce all state laws about preventing fraud in food manufacturing and sales. 17.041 Agricultural Emergency Account; Appropriation Creates an emergency fund for the agriculture department to respond to agricultural crises. 17.042 This section has been repealed and is no longer in effect. 17.045 This section has been repealed and is no longer in effect. 17.05 This section has been repealed and is no longer in effect. 17.055 Emerging Farmers Creates a working group to help new and underserved farmers get started in agriculture. 17.06 This section has been repealed and is no longer in effect. 17.07 This section has been repealed and is no longer in effect. 17.08 This section has been repealed and is no longer in effect. 17.09 This section has been renumbered. Its provisions now appear at Minnesota Statutes section 17.03, subdivision 4. 17.10 This section has been repealed and is no longer in effect. 17.101 Promotional Activities The agriculture commissioner promotes the production and marketing of Minnesota farm products through advertising, trade … 17.1015 Promotional Expenditures The commissioner can spend money on promotional activities jointly with private businesses to market farm products. 17.1016 Cooperative Grants The agriculture commissioner may run a grant program to help farmers finance new cooperatives that process agricultural … 17.1017 Food Retail Improvement and Development Program Creates a program to develop and improve food retail stores in underserved areas. 17.1018 Food Retail Improvement and Development Program Advisory Committee This section creates the Food Retail Improvement and Development Program Advisory Committee, appointed by the … 17.102 Minnesota Grown Label Creates the Minnesota Grown label to identify products grown or raised in Minnesota. 17.1025 This section has been repealed and is no longer in effect. 17.103 This section was repealed or renumbered and has no operative text here. The body cross-references section 116J.9671, … 17.104 This section was repealed or renumbered and has no operative text here. The body cross-references section 116J.9672, … 17.105 This section was repealed or renumbered and has no operative text here. The body cross-references section 116J.9673, … 17.106 This section has been repealed and is no longer in effect. 17.107 Farm Equipment Safety and Maintenance Program for Youth Sets up a farm equipment safety program for young people, run with the Minnesota Extension Service. 17.108 This section has been repealed and is no longer in effect. 17.109 This section has been repealed and is no longer in effect. 17.11 This section has been repealed and is no longer in effect. 17.110 This section has been repealed and is no longer in effect. 17.114 Sustainable Agriculture Directs the commissioner to research and promote sustainable farming practices in Minnesota. 17.115 This section has been repealed and is no longer in effect. 17.116 Sustainable Agriculture Demonstration Grants Creates a grant program for farmers to demonstrate sustainable agriculture methods. 17.1161 This section has been repealed and is no longer in effect. 17.117 Agriculture Best Management Practices Loan Program Provides low-interest loans to farmers for adopting best management practices that protect water quality. 17.118 Livestock Investment Grant Program Provides grants to help livestock farmers invest in their operations and expand production. 17.119 This section has been repealed and is no longer in effect. 17.1195 Farm Safety Grant and Outreach Programs Creates two farm safety grant programs and a safety outreach campaign run by the commissioner of agriculture. Tractor … 17.12 This section has been repealed and is no longer in effect. 17.13 This section has been repealed and is no longer in effect. 17.133 Farm Down Payment Assistance Grants Authorizes the agriculture commissioner to award farm down payment assistance grants of up to $20,000 per eligible … 17.134 Soil Health Financial Assistance Program Creates a program to give farmers financial help for adopting soil health practices. 17.135 Farm Disposal of Solid Waste Farmers can dispose of some solid waste on their own land without a state permit. 17.136 This section has been repealed and is no longer in effect. 17.138 This section has been repealed and is no longer in effect. 17.139 This section has been repealed and is no longer in effect. 17.14 This section has been repealed. Its subdivisions were repealed at different times. 17.15 This section has been repealed and is no longer in effect. 17.16 This section has been repealed and is no longer in effect. 17.17 This section has been repealed and is no longer in effect. 17.18 This section has been repealed and is no longer in effect. 17.181 This section has been repealed and is no longer in effect. 17.19 This section has been repealed and is no longer in effect. 17.20 This section has been repealed and is no longer in effect. 17.201 This section has been repealed and is no longer in effect. 17.202 This section has been repealed and is no longer in effect. 17.203 This section has been repealed and is no longer in effect. 17.204 This section has been repealed and is no longer in effect. 17.205 This section has been repealed and is no longer in effect. 17.206 This section has been repealed and is no longer in effect. 17.207 This section has been repealed and is no longer in effect. 17.208 This section has been repealed and is no longer in effect. 17.209 This section has been repealed and is no longer in effect. 17.21 This section has been repealed and is no longer in effect. 17.211 This section has been repealed and is no longer in effect. 17.212 This section has been repealed and is no longer in effect. 17.213 This section has been repealed and is no longer in effect. 17.214 This section has been repealed and is no longer in effect. 17.215 This section has been repealed and is no longer in effect. 17.216 This section has been repealed and is no longer in effect. 17.217 This section has been repealed and is no longer in effect. 17.218 This section has been repealed and is no longer in effect. 17.219 This section has been repealed and is no longer in effect. 17.22 This section has been repealed and is no longer in effect. 17.23 This section has been repealed and is no longer in effect. 17.231 This section has been repealed and is no longer in effect. 17.24 This section has been renumbered. Its subdivisions were moved to other sections. 17.25 This section has been renumbered. The content formerly located here was moved to section 17.042. 17.26 This section has been repealed and is no longer in effect. 17.27 This section has been repealed and is no longer in effect. 17.28 This section was renumbered and is no longer found at 17.28. Its content was moved to section 308.92. Refer to that … 17.29 This section no longer holds operative text because its subdivisions were renumbered or repealed. Subdivision 1 was … 17.30 This section was renumbered and is no longer found at 17.30. Its content was moved to section 30.55. Refer to that … 17.31 This section was renumbered and is no longer found at 17.31. Its content was moved to section 30.56. Refer to that … 17.32 This section is a repealed or renumbered stub with no operative statutory text. The body cross-references section 30.57, … 17.33 This section is a repealed or renumbered stub with no operative statutory text. The body cross-references section 30.58, … 17.34 This section is a repealed or reserved stub with no operative statutory text. The body shows only a session-law source … 17.345 Not Determinative for Property Classification Participating in farming activities listed in this chapter does not automatically change how your property is classified … 17.35 This section is a repealed or reserved stub with no operative statutory text. The body shows only a session-law source … 17.351 Definitions Defines key terms used in the fur farming laws, including what counts as a fur-bearing animal. 17.352 Agricultural Products and Pursuits Fur-bearing animals raised on farms are classified as domestic animals, and their products are agricultural products. 17.353 This section has been repealed and is no longer in effect. 17.354 Application The fur farming laws do not change any rules about wild animals. 17.36 This section is no longer in effect. The body cross-references section 31.73, indicating the material was renumbered or … 17.37 This section has been repealed and is no longer in effect. 17.41 Grain Defined Defines the term "grain" for purposes of this chapter unless the context clearly requires a different meaning. Grain … 17.42 This section has been repealed and is no longer in effect. 17.43 This section has been repealed and is no longer in effect. 17.44 This section has been repealed and is no longer in effect. 17.445 Inspections and Services; Fees This section governs honey bee and apiary inspections by the commissioner of agriculture. On request, the commissioner … 17.45 This section has been repealed and is no longer in effect. 17.451 This section has been repealed and is no longer in effect. 17.452 Farm-raised Cervidae This section addresses farm-raised Cervidae (such as farmed deer and elk). It classifies farmed Cervidae as livestock … 17.453 Definitions Defines terms used in the ratite (ostrich, emu, rhea) farming law, including who counts as an owner. 17.454 Ratitae Ratites like ostriches, emus, and rheas are classified as livestock, not wild animals. 17.455 Definitions Defines terms used in the llama farming law, including what counts as a llama. 17.456 Llama Llamas are classified as livestock, not wild animals, for purposes of Minnesota law. 17.457 Restricted Species Regulates "restricted species," meaning pigs, boars, peccaries, and other members of the Suidae and Tayassuidae … 17.458 Agroforestry Defines agroforestry as growing short-rotation woody crops and classifies it as agriculture. 17.459 Horses Horses and other equines are classified as livestock under Minnesota law. 17.46 Short Title Provides the short title for the Aquaculture Development Act. 17.47 Definitions Defines key terms used in the Aquaculture Development Act, including aquaculture and aquatic farmer. 17.49 Aquaculture Program and Promotion Directs that aquaculture programs in the state be coordinated through the commissioner of agriculture, who leads … 17.491 Aquaculture is Agricultural Pursuit Aquaculture (fish farming) is officially classified as an agricultural pursuit. 17.492 This section has been repealed and is no longer in effect. 17.494 Aquaculture Permits; Rules The agriculture commissioner acts as the permit and license coordinator for aquatic farmers and helps them obtain the … 17.495 Appeal Procedures If a state agency denies a license to a fish farmer, it must explain why in writing. 17.496 Quarantine Facility; Rules By July 1, 1992, the commissioner of natural resources had to adopt rules, in consultation with the commissioner of … 17.497 Exotic Species Importation; Rules The DNR sets rules for importing exotic fish species into Minnesota. 17.498 Rules; Financial Assurance This section directs the Pollution Control Agency to set water quality permit requirements for aquaculture facilities … 17.4981 General Conditions for Regulation of Aquatic Farms Sets the basic rules for licensed aquatic farms, including that cultured fish are not wildlife. 17.4982 Definitions Defines terms used in the aquatic farm regulations, including types of facilities and species. 17.4983 Aquatic Farm Operations Explains what aquatic farm operators can and cannot do with their fish, including buying and selling. 17.4984 Aquatic Farm License Requires anyone operating a fish farm to get an aquatic farm license from the commissioner. 17.4985 Transportation of Aquatic Life Sets rules for transporting fish within Minnesota, including health certificates and permits. 17.4986 Importation of Aquatic Life Sets rules for importing fish into Minnesota, including disease testing requirements. 17.4987 Stocking Private Aquatic Life You cannot release farm-raised fish into public waters without a transportation and stocking permit. 17.4988 License and Inspection Fees Sets the license and inspection fees for aquatic farming. The annual base aquatic farming license fee is $210, plus an … 17.4989 Fish Sample Collecting Sets training requirements for people who collect fish samples for disease testing. 17.499 Transportation or Importation of Saltwater Aquatic Life; Quarantine Requirement This section requires a transportation permit before importing or moving saltwater aquatic life within Minnesota, unless … 17.4991 Disease Transmission This section sets rules to prevent the spread of fish disease from aquaculture facilities into public waters. A licensee … 17.4992 Game Fish and Native Rough Fish Sets rules for buying and selling game fish and native rough fish raised on aquatic farms. 17.4993 Minnows Regulates how minnows can be taken from public waters for fish farming. 17.4994 Sucker Eggs Sucker eggs can be taken from public waters with a special license endorsement. 17.4995 Receipts to the Game and Fish Fund Money from aquatic farm licenses and fees goes into the state game and fish fund. 17.4996 White Earth Indian Reservation Special rules apply for aquatic life from public waters on the White Earth Indian Reservation. 17.4997 Rules The commissioner can adopt rules to carry out the aquatic farm laws. 17.4998 Violations; Penalty Unless a different penalty is set, breaking the aquatic farm laws (sections 17.4981 to 17.4997) or the commissioner's … 17.4999 Storage, Handling, and Disposal of Fish Manure Fish manure from aquatic farm operations is subject to the same state law and rule requirements as other animal manures. … 17.50 Policy Minnesota policy is to explore new uses for farm products to help the agricultural economy grow. 17.51 Citation; Agricultural Commodities Promotion Act This is the short title for the Agricultural Commodities Promotion Act. 17.52 Purpose Declares it is in the public interest for farmers to promote their products through organized councils. 17.53 Definitions Defines terms used in the Agricultural Commodities Promotion Act, like producer, handler, and commodity. 17.54 Councils A commodity research and promotion council may be created for the producers of an agricultural commodity by filing a … 17.55 This section has been repealed and is no longer in effect. 17.56 Council to Formulate and Submit Promotional Order The first commodity council must create a promotional order within 15 days of being certified. 17.57 Additional Powers and Duties of Council This section lists additional powers and duties of a commodity council. Each council must adopt rules to administer its … 17.58 Powers and Duties of Commissioner This section sets out the powers and duties of the commissioner over commodity councils. With the commissioner's … 17.59 Fees to Defray Expenses A promotional order must set checkoff fees high enough to cover the costs of creating and running the order, but the … 17.60 Compensation and Expenses Commodity council members receive per diem pay and expense reimbursement for their service. 17.601 This section has been repealed and is no longer in effect. 17.61 Legal Counsel Commodity councils can hire their own attorney to provide legal advice. 17.62 Council Records A commodity council's records are open to the public and may be inspected by anyone for any lawful purpose. The council … 17.63 Refund of Fees Most producers may have their checkoff fee fully or partially refunded if it was paid on time and they request the … 17.64 Termination of Order This section sets out two ways to suspend or end a commodity promotional order. The council, after consulting the … 17.65 This section has been repealed and is no longer in effect. 17.66 Permitted Activities Activities done under the commodity promotion act to promote farm products are permitted and legal. 17.67 Penalty for Violations Anyone who violates sections 17.51 to 17.69 or a rule the commissioner adopts under them is guilty of a misdemeanor. … 17.68 This section has been repealed and is no longer in effect. 17.69 Nonliability of State The state is not liable for anything done by the commissioner or commodity councils under this act. 17.691 Citation This is the short title for the Agricultural Marketing and Bargaining Act of 1973. 17.692 Declaration of Policy Declares state policy to support farmers' right to organize and bargain collectively with buyers. 17.693 Definitions Defines terms used in the agricultural bargaining act, like association, handler, and producer. 17.694 Accreditation Explains how a farmers' association gets accredited to bargain collectively with buyers. 17.695 Marketing and Bargaining Committee Once accredited, a farmers' association must set up a marketing and bargaining committee. 17.696 Unfair Practices of Handlers and Associations Lists unfair practices that buyers and farmers' associations cannot use during bargaining. 17.697 Informational Exchanges; Dispute Resolution Sets up mediation and dispute resolution for disagreements between farmers and buyers. 17.698 Factors to Be Considered in Mediation and Arbitration Lists factors that mediators and arbitrators must consider when resolving farm bargaining disputes. 17.699 This section has been repealed and is no longer in effect. 17.70 Violation Procedure The commissioner investigates violations of the bargaining act and can issue cease and desist orders. 17.701 Rules The commissioner can adopt rules to administer the agricultural marketing and bargaining act. 17.702 Negotiation Classes Required After an association of producers is accredited, at least two members of the bargaining teams from both the association … 17.703 This section has been repealed and is no longer in effect. 17.710 Agricultural Contracts This section bars confidentiality clauses that gag agricultural producers. For a production or marketing contract … 17.711 This section has been repealed and is no longer in effect. 17.712 This section has been repealed and is no longer in effect. 17.713 This section has been repealed and is no longer in effect. 17.714 This section has been repealed and is no longer in effect. 17.715 This section has been repealed and is no longer in effect. 17.7155 This section has been repealed and is no longer in effect. 17.716 This section has been repealed and is no longer in effect. 17.717 This section has been repealed and is no longer in effect. 17.718 This section has been repealed and is no longer in effect. 17.719 This section has been repealed and is no longer in effect. 17.72 This section has been repealed and is no longer in effect. 17.721 This section has been repealed and is no longer in effect. 17.722 This section has been repealed and is no longer in effect. 17.723 This section has been repealed and is no longer in effect. 17.724 This section has been repealed and is no longer in effect. 17.7241 This section has been repealed and is no longer in effect. 17.7242 This section has been repealed and is no longer in effect. 17.7243 This section has been repealed and is no longer in effect. 17.7244 This section has been repealed and is no longer in effect. 17.7245 This section has been repealed and is no longer in effect. 17.7246 This section has been repealed and is no longer in effect. 17.725 This section has been repealed and is no longer in effect. 17.726 This section has been repealed and is no longer in effect. 17.727 This section has been repealed and is no longer in effect. 17.728 This section has been repealed and is no longer in effect. 17.7285 This section has been repealed and is no longer in effect. 17.729 This section has been repealed and is no longer in effect. 17.73 This section has been repealed and is no longer in effect. 17.74 This section has been repealed and is no longer in effect. 17.75 This section has been repealed and is no longer in effect. 17.76 This section has been repealed and is no longer in effect. 17.80 State Agricultural Land Preservation and Conservation Policy Minnesota's policy is to preserve farmland and prevent unnecessary conversion to non-agricultural uses. 17.81 Definitions Defines terms used in the agricultural land preservation law, like agricultural land and agency action. 17.82 Prohibited Agency Action State agencies must refer to the agriculture commissioner any action that would harm 10 or more acres of farmland. 17.83 This section has been repealed and is no longer in effect. 17.84 Duties of Commissioner Within 30 days of receiving the notice described in section 17.82, the commissioner must review the agency's proposed … 17.844 Livestock Production Policy Minnesota's policy is to promote livestock production on family farms using environmentally sound practices. 17.85 Laboratory Services Creates a laboratory services account to fund testing done by the agriculture department's labs. 17.86 Urban Forest Promotion and Development This section sets up a joint, multi-agency program to promote and develop urban forests across Minnesota. The University … 17.861 Replacement of Mercury Manometers The commissioner, working with the Pollution Control Agency, dairy equipment manufacturers and suppliers, and other … 17.90 Definitions Defines key terms used in the agricultural contract laws, like contractor, producer, and agricultural commodity. 17.91 Required Language Agricultural contracts must include language about mediation, arbitration, and risk disclosure. 17.92 Recapture of Capital Investment Required by an Agricultural Contract If a company cancels a farm contract that required the farmer to invest in equipment, the company must pay damages. 17.93 Parent Company Responsibility for Contracts of Subsidiaries When a subsidiary company holds a farm contract, the parent company is responsible too. 17.94 Implied Promise of Good Faith All agricultural contracts include an implied promise that both sides will act in good faith. 17.941 Producer's Right to Cancel Farmers can cancel an agricultural contract within three business days of receiving a signed copy. 17.942 Cover Sheet Requirements An agricultural contract entered into or substantively amended after January 1, 2001, must include a cover sheet as its … 17.943 Contract Format Agricultural contracts must be written in clear, readable language with proper formatting. 17.944 Review by Commissioner A contractor may voluntarily submit an agricultural contract to the commissioner to review whether it complies with the … 17.9441 Limits on Remedies This section limits the remedies available for violations of the agricultural contract readability requirements in … 17.9442 Applicability of Contract Requirements Lists which agricultural contract requirements apply to different types of farming agreements. 17.9443 Waiver of Contract Provisions is Void Any contract term that tries to waive the agricultural contract protections is void and unenforceable. 17.945 Rules The commissioner can adopt rules to enforce the agricultural contract laws. 17.95 Department of Agriculture Ombudsman The agriculture department has an ombudsman who helps farmers with complaints and questions. 17.97 Agricultural Input Prepayments When a farmer or other producer pays in advance for agricultural production inputs for future delivery, such as seed, … 17.98 Dairy Marketing Contracts Excepted Dairy marketing agreements between producers and milk buyers are exempt from the contract rules. 17.981 This section has been repealed and is no longer in effect. 17.982 Criminal and Administrative Penalties A person who violates a provision of chapter 25 or 31B for which no penalty has been prescribed is guilty of a … 17.983 Administrative Penalties and Enforcement If a person violates a provision of chapter 25 or 31B, the commissioner may issue a written citation by personal service … 17.984 This section has been repealed and is no longer in effect. 17.985 Passing on the Farm Center Creates the Passing on the Farm Center to help farmers plan for transferring their farms to the next generation. 17.986 Entry Into Farm Animal Facilities Law enforcement, peace, and animal control officers may not enter a facility where confined farm animals are kept unless … 17.987 This section has been repealed and is no longer in effect. 17.9891 Purpose Authorizes the commissioner, in consultation with other state agencies, to implement the Minnesota agricultural water … 17.9892 Definitions Defines the key terms used in the Minnesota agricultural water quality certification program, including "certification," … 17.9893 Certification Instrument The commissioner develops a certification tool to evaluate whether farms meet water quality standards. 17.9894 Certifying Agent License People who certify farms under the water quality program must be licensed as certifying agents. 17.9895 Duties of a Certifying Agent Certifying agents evaluate farms and determine whether they qualify for water quality certification. 17.9896 Certification Procedures Sets the step-by-step process for farmers to get certified under the water quality program. 17.9897 Certification Certainty Once certified, a farm keeps its certification for up to ten years if it follows the program requirements. 17.9898 Audits The commissioner audits certified farms and certifying agents to make sure they follow the program rules. 17.9899 Data Data that identifies individual farmers or their locations in the water quality program is kept private. 17.991 Rulemaking The commissioner can adopt rules to run the water quality certification program. 17.992 Reports The commissioner must issue a biennial report on the status of the water quality certification program. The report goes … 17.993 Financial Assistance The commissioner can use gifts and other funds to provide financial help to farmers in the certification program. 28A.0753 Enforcement of Laws by Commissioner The agriculture commissioner can take legal action against businesses that violate food, dairy, or meat laws. 30.55 This section has been repealed and is no longer in effect. 30.56 This section has been repealed and is no longer in effect. 30.57 This section has been repealed and is no longer in effect. 30.58 This section has been repealed and is no longer in effect. 308.92 This section has been repealed and is no longer in effect. 31.73 This section has been repealed and is no longer in effect.