Minn. Stat. § 32D.31 — MN Code / Part 17_43 / Chapter 32D / Section 32D.31
§ 32D.31 MILK MARKETING LICENSE; PERMIT.
Status: in_force

§ Subdivision 1. License requirement and eligibility. A current milk marketing license is required for any milk marketer who procures more than 700,000 pounds of milk annually from Minnesota farms. Before a milk marketing license is issued, the commissioner must determine that the applicant meets the relevant licensing requirements.

§ Subd. 2. Application. An applicant for a milk marketing license must apply on a form provided by the commissioner. An applicant must also submit: (1) a report of the total milk payroll obligations that the applicant incurred during the applicant's last completed fiscal year. If the applicant has not yet operated as a milk marketer in Minnesota, the applicant shall estimate the total milk payroll obligations that the applicant will incur during the applicant's first complete fiscal year; (2) a report of any milk payroll obligations to dairy producers that were unpaid during the applicant's last completed fiscal year and the payroll amount; and (3) the total amount of hundredweights procured, collected, or marketed from Minnesota milk producers during the applicant's last completed fiscal year.

§ Subd. 3. Term of license; transferability. A milk marketing license issued by the commissioner expires on December 31 of each year, must be renewed annually, and is not transferable.

§ Subd. 4. Fees and penalties. (a) The fee for a milk marketing license is: (1) $100 for an initial license; and (2) $250 annually for a license renewal. (b) The fee must be paid to the commissioner before the commissioner issues an initial or renewal license. If a person has not applied for a milk marketing license renewal before January 1, a late fee of $100 must be imposed. After January 1, 2026, any person who requires a milk marketing license and conducts activities subject to licensing within 365 days prior to obtaining a milk marketing license must pay a penalty of $250 to receive the person's initial license.

§ Subd. 5. License requirements. An applicant for a milk marketing license must: (1) complete monthly procurement payments under section 32D.11 , if applicable; (2) provide, upon request of the commissioner, a list of dairy producers from whom the applicant collects milk; (3) provide dairy field service as described in section 32D.02, subdivision 6 ; (4) submit associated farm inspection fees as required under sections 32D.06 and 32D.08 ; (5) provide, upon the request of the commissioner, a financial statement to demonstrate that sufficient financial resources are available to satisfy payroll obligations for milk that is procured or collected from Minnesota dairy producers; and (6) satisfy all contractual payments and agreements made with any Minnesota dairy producer that maintains a permit or certification as required under section 32D.05 or 32D.07 . A person's failure to pay dairy producers in accordance with contracts may result in the revocation or suspension of the person's milk marketing license.

§ Subd. 6. Permit requirement. (a) A person conducting the following activities must hold a valid milk marketing permit: (1) any activities subject to a milk marketing license; or (2) if the person is a Minnesota milk producer, marketing milk on the producer's own behalf. (b) An applicant must apply for a milk marketing permit on a form provided by the commissioner. A milk marketing permit must be issued to an applicant in conjunction with the initial license issued and must contain a milk marketing permit number. An applicant for a milk marketing permit must not be required to pay a fee to the commissioner when applying. A milk marketing permit is valid if the holder of the permit maintains a current milk marketing license or continues to market the permit holder's own milk, with no renewals required.