piers109uk/MN-Statutes huggingface dataset:
18F.02 DEFINITIONS.
As used in sections 18F.01 to 18F.13, the terms defined in this section have the meanings given them.
MS 2022 [Repealed, 2023 c 43 art 2 s 142]
"Agriculturally related organism" means any organism that is used in agricultural production or processing of agricultural products. It includes livestock and livestock products; dairy animals and dairy products; poultry and poultry products; domestic fur-bearing animals; animal feeds; horticultural stock; nursery stock, as defined in section 18G.02, subdivision 17; fruit; vegetables; forage grain; wild rice; seeds; bees; apiary products; and products for the control or mitigation of noxious weeds. It excludes vaccines and drugs for use in humans; genetic engineering of human germ cells and human somatic cells intended for use in human gene therapy; vaccines for use in livestock, dairy animals, poultry, domestic fur-bearing animals, or private aquatic life; genetically engineered wild animals; and forestry products.
"Commissioner" means the commissioner of agriculture or an agent authorized by the commissioner.
"Coordinated Framework" means the federal Coordinated Framework for the Regulation of Biotechnology set forth in Federal Register, volume 51, pages 23,302 to 23,350 (June 26, 1986), as amended.
"Genetic engineering" means the introduction of new genetic material to an organism or the regrouping of an organism's genes using techniques or technology designed by humans. This does not include selective breeding, hybridization, or nondirected mutagenesis.
"Genetically engineered organism" means an organism that has been modified directly or indirectly using genetic engineering.
"Organism" means an animal, plant, bacterium, cyanobacterium, fungus, protist, or virus.
[Repealed, 1994 c 454 s 14]
"Regulated organism" means a genetically engineered organism that is not exempt from federal regulations or that is not yet authorized for commercial use by the appropriate federal agency in the Coordinated Framework.
"Release" means the placement or use of a genetically engineered organism outside a contained laboratory, greenhouse, building, structure, or other similar facility or under other conditions not specifically determined by the commissioner to be adequately contained.
MS 2022 [Repealed, 2023 c 43 art 2 s 142]
18F.07 GENETICALLY ENGINEERED AGRICULTURALLY RELATED ORGANISM PERMIT.
A person may not conduct a release of a genetically engineered agriculturally related organism until a permit for the release has been obtained from the United States Department of Agriculture (USDA) or Environmental Protection Agency (EPA) unless the organism is exempt from regulation by the applicable agency under the Coordinated Framework. The commissioner may accept a USDA or an EPA permit or may review a USDA or an EPA permit and add additional requirements to ensure that the proposed release of a genetically engineered agriculturally related organism would not create a hazard to the agricultural, forest, or horticultural interests of this state or the state's general environmental quality.
(a) If the commissioner reviews a USDA or an EPA permit, the commissioner may recommend terms and conditions, including but not limited to the period for the genetically engineered agriculturally related organism permit, the amount or number of genetically engineered agriculturally related organisms to be used, monitoring activities, department inspection schedules, reporting of experiment results, and experiment termination procedures. After a genetically engineered agriculturally related organism permit is issued, the commissioner must inform the permitting agency if the permit terms or conditions are being violated or are inadequate to avoid unreasonable adverse effects on the environment.
(b) The commissioner may request that the USDA or EPA not issue a permit if the commissioner determines that the release of the genetically engineered agriculturally related organism would create a hazard to the agricultural, forest, or horticultural interests of this state or the state's general environmental quality.
(c) The commissioner shall publish a notice of the proposed release at the earliest opportunity in the EQB Monitor and shall notify the chair of the county board and, if applicable, the Tribal council of any reservation where the organism will be released.
A person shall file an application for a genetically engineered agriculturally related organism permit with the appropriate federal agency in the Coordinated Framework, unless exempted as set forth in section 18F.13.
MS 2022 [Repealed by amendment, 2023 c 43 art 2 s 45]
18F.13 EXEMPTIONS.
The commissioner must recognize federal exemptions for the regulation of genetically engineered organisms. The commissioner must allow the commercial use of agriculturally related genetically engineered organisms, pesticides, fertilizers, soil amendments, or plant amendments that have been deregulated by any federal agency.
18G.01 PLANT PROTECTION; POWERS OF COMMISSIONER.
(a) This chapter authorizes the commissioner to abate, suppress, eradicate, prevent, or otherwise regulate the introduction or establishment of plant pests that threaten Minnesota's agricultural, forest, or horticultural interests or the general ecological quality of the state.
(b) The commissioner may employ entomologists, plant pathologists, and other qualified employees necessary to administer and enforce this chapter.
18G.03 POWERS AND DUTIES OF COMMISSIONER.
(a) The commissioner may enter and inspect a public or private place that might harbor plant pests and may require that the owner destroy or treat plant pests, plants, or other material.
(b) If the owner fails to properly comply with a directive of the commissioner, the commissioner may have any necessary work done at the owner's expense. The commissioner shall notify the owner of the deadline for paying those expenses. If the owner does not reimburse the commissioner for an expense within a time specified by the commissioner, the expense is a charge upon the county as provided in subdivision 4.
(c) If a plant pest infestation or infection threatens plants of an area in the state, the commissioner may take any measures necessary to eliminate or alleviate the potential significant damage or harm.
(d) The commissioner may collect fees required by this chapter.
(e) The commissioner may issue and enforce written or printed "stop-sale" orders, compliance agreements, and other directives and requests to the owner or custodian of any plants or articles infested or infected with a plant pest.
The commissioner may adopt rules to carry out the purposes of this chapter.
The commissioner may impose a quarantine to restrict or prohibit the transportation or distribution of plants or other materials capable of carrying plant pests into or through any part of this state.
If the commissioner incurs an expense in conjunction with carrying out subdivision 1 and is not reimbursed by the owner of the land, the expense is a legal charge against the land. After the expense is incurred, the commissioner shall file verified and itemized statements of the cost of all services rendered with the county auditor of the county in which the land is located. The county auditor shall place a lien in favor of the commissioner against the land involved, which must be certified by the county auditor and collected according to section 429.101.
This chapter does not apply to exotic aquatic plants and wild animal species regulated under chapter 84D.
18G.04 ERADICATION, CONTROL, AND ABATEMENT OF NUISANCES; ISSUING CONTROL ORDERS.
Any premises, plant, appliance, conveyance, or article that is infected or infested with plant pests that may cause significant damage or harm and any premises where any plant pest is found is a public nuisance and must be prosecuted as a public nuisance in all actions and proceedings. All legal remedies for the prevention and abatement of a nuisance apply to a public nuisance under this section. It is unlawful for any person to maintain a public nuisance.
In order to prevent the introduction or spread of plant pests, the commissioner may issue orders for necessary control measures. These orders may indicate the type of specific control to be used, the compound or material, the manner or the time of application, and who is responsible for carrying out the control order. Control orders may include directions to control or abate the plant pest to an acceptable level; eradicate the plant pest; restrict the movement of the plant pest or any material, article, appliance, plant, or means of conveyance suspected to be carrying the plant pest; or destroy plants or plant products infested or infected with a plant pest. Material suspected of being infested or infected with a plant pest may be confiscated by the commissioner.
18G.05 DISCOVERY OF PLANT PESTS; OFFICIAL MARKING OF INFESTED OR INFECTED ARTICLES.
Upon knowledge of the existence of a plant pest within the state, the commissioner may conspicuously mark all plants, infested areas, materials, and articles known or suspected to be infected or infested with the plant pest. An entity or individual in possession of the premises or area in which the existence of the plant pest is suspected must be notified by the commissioner with prescribed control measures. An entity or individual must comply with the commissioner's control order within the prescribed time. If the commissioner determines that satisfactory control or mitigation of the pest has been achieved, the order must be released.
18G.07 TREE CARE AND TREE TRIMMING COMPANY REGISTRATION.
(a) The commissioner shall maintain a list of all persons, businesses, and companies that employ persons who provide tree care or tree trimming services in Minnesota. All commercial tree care providers, tree trimmers, and employers that direct employees to remove trees, limbs, branches, brush, or shrubs for hire must be registered with the commissioner.
(b) Persons or companies who are required to be registered under paragraph (a) must register annually by providing the following to the commissioner:
(1) accurate and up-to-date business name, address, and telephone number;
(2) a complete list of all Minnesota counties in which they work; and
(3) a nonrefundable fee of $25 for initial application or renewing the registration.
(c) All persons and companies required to be registered under paragraph (a) must register before conducting the activities specified in paragraph (a). Annual registration expires December 31, must be renewed annually, and the renewal fee remitted by January 1 of the year for which it is issued. In addition, a penalty of ten percent of the renewal fee due must be charged for each month, or portion of a month, that the fee is delinquent up to a maximum of 30 percent for any application for renewal postmarked after December 31.
The commissioner shall provide registered tree care companies with information and data regarding any existing or potential regulated forest pest infestations within the state.
It is unlawful for a person to advertise tree care or tree trimming services in Minnesota without being registered with the commissioner.
18G.09 SHIPMENT OF PLANT PESTS AND BIOLOGICAL CONTROL AGENTS.
(a) A person may not sell, offer for sale, move, convey, transport, deliver, ship, or offer for shipment any plant pest, noxious weed, or biological control agent without a permit from the United States Department of Agriculture, Animal and Plant Health Inspection Service or its state equivalent. A permit may be issued only after the commissioner determines that the proposed shipment or use will not create a hazard to the agricultural, forest, or horticultural interests of this state or the state's general environmental quality. For interstate movement, the permit must be affixed conspicuously to the exterior of each shipping container, box, package, or appliance; accompany each shipping container, box, package, or appliance; or comply with other directions of the commissioner. Shipping containers must be escape-proof and the commissioner shall specify labeling and shipping protocols.
(b) This section does not apply to:
(1) intrastate shipments of federal- or state-approved biological control agents used in this state for control of plant pests; and
(2) interstate shipments of organisms that the United States Department of Agriculture has specifically identified as not needing a permit for movement.
18G.11 COOPERATION WITH OTHER JURISDICTIONS.
The commissioner may enter into cooperative agreements with organizations, entities, civic groups, governmental agencies, or other organizations to adopt and execute plans to detect and control areas infested or infected with plant pests. The cooperative agreements may include provisions of joint funding of any control treatment.
If a plant pest infestation or infection occurs and cannot be adequately controlled by individuals, entities, owners, tenants, or local units of government, the commissioner may conduct the necessary control measures independently or on a cooperative basis with federal or other units of government.
The commissioner may make grants to municipalities or enter into contracts with municipalities, nurseries, colleges, universities, state or federal agencies in connection with new or emerging plant pests programs, including research, or any other organization with the legal authority to enter into contractual agreements.
18G.12 INVASIVE SPECIES MANAGEMENT AND INVESTIGATION.
The commissioner shall conduct research to prevent the introduction or spread of plant pests that are also terrestrial invasive species into the state and to investigate the feasibility of their control or eradication.
The commissioner shall establish a statewide program to prevent the introduction and the spread of plant pests that are also terrestrial invasive species. To the extent possible, the program must provide coordination of efforts among governmental entities and private organizations.
The commissioner shall prepare and maintain a long-term terrestrial invasive species management plan which may include specific plans for individual species. The plan must address:
(1) coordination strategies for detection and prevention of accidental introductions;
(2) methods to disseminate information about harmful invasive species to the general public and appropriate agricultural and resource management agencies or organizations;
(3) coordination of control efforts for selected harmful terrestrial invasive species; and
(4) participation by local units of government and other state and federal agencies in the development and implementation of local management efforts.
The commissioner shall seek cooperation with other states and Canadian provinces for the purposes of management and control of harmful invasive species.
[Repealed, 2009 c 94 art 1 s 107]
18G.13 LOCAL PEST CONTROL.
The purpose of this section is to authorize political subdivisions to establish and fund their own programs to control pests that are likely to cause economic or environmental harm or harm to human health.
The governing body of a county, city, or town may appropriate money to control native or exotic pests.
The governing body of the political subdivision may levy a tax on the taxable property within the subdivision to defray the cost of the activities authorized under subdivision 2.
To provide funds for activities authorized in subdivision 2 in advance of collection of the tax under subdivision 3, the governing body may, after the tax has been levied and certified to the county auditor for collection, issue certificates of indebtedness in anticipation of the collection and payment of the tax. The total amount of the certificates, including principal and interest, must not exceed 90 percent of the amount of the levy and must be payable from the proceeds of the levy no later than two years from the date of issuance. They must be issued on terms and conditions determined by the governing body and must be sold as provided in section 475.60. If the governing body determines that an emergency exists, it may make appropriations from the proceeds of the certificates for authorized purposes without complying with statutory or charter provisions requiring that expenditures be based on a prior budget authorization or other budgeting requirements.
The proceeds of a tax levied under subdivision 3 or an issue of certificates of indebtedness under subdivision 4 must be deposited in the municipal treasury in a separate fund and spent only for purposes authorized by this section. If no disbursement is made from the fund for a period of five years, any money remaining in the fund may be transferred to the general fund.
A person who prevents, obstructs, or interferes with the county authorities or their agents in carrying out subdivisions 2 to 5, or neglects to comply with the rules and regulations of the county commissioners adopted under authority of those subdivisions, is guilty of a misdemeanor.
A city council, board of county commissioners, or town board may by resolution or ordinance adopt and enforce regulations to control and prevent the spread of plant pests and diseases. The regulations may authorize appropriate officers and employees to:
(1) enter and inspect any public or private place that might harbor plant pests;
(2) provide for the summary removal of diseased trees from public or private places if necessary to prevent the spread of the disease;
(3) require the owner to destroy or treat plant pests, diseased or invasive plants, or other infested material; and
(4) provide for the work at the expense of the owner.
The expense must be a lien upon the property and may be collected as a special assessment as provided by section 429.101 or by charter. In this subdivision, "private place" means every place except a private home.
18J.02 DUTIES OF COMMISSIONER.
The commissioner shall administer and enforce this chapter, chapters 18G, 18H, 18K, 27, 223, 231, and 232; sections 21.80 to 21.92; and associated rules.
18H.03 POWERS AND DUTIES OF COMMISSIONER.
The commissioner may employ entomologists, plant pathologists, and other employees necessary to administer this chapter.
(a) The commissioner may enter and inspect a public or private place that might harbor plant pests and may require that the owner destroy or treat plant pests, plants, or other material.
(b) If the owner fails to properly comply with a directive of the commissioner within a given period of time, the commissioner may have any necessary work done at the owner's expense. If the owner does not reimburse the commissioner for the expense within a time specified by the commissioner, the expense is a charge upon the county as provided in subdivision 4.
(c) If a dangerous plant pest infestation or infection threatens plants of an area in the state, the commissioner may take any measures necessary to eliminate or alleviate the danger.
(d) The commissioner may collect fees required by this chapter.
(e) The commissioner may issue and enforce a written or printed "stop-sale" order to the owner or custodian of any nursery stock if fees required by the nursery are not paid. The commissioner may not be held liable for the deterioration of nursery stock during the period for which it is held pursuant to a stop-sale order.
The commissioner may impose a quarantine to restrict or prohibit the transportation of nursery stock, plants, or other materials capable of carrying plant pests into or through any part of the state.
If the commissioner incurs an expense in conjunction with carrying out subdivision 2 and is not reimbursed by the owner of the land, the expense is a legal charge against the land. After the expense is incurred, the commissioner shall file verified and itemized statements of the cost of all services rendered with the county auditor of the county in which the land is located. The county auditor shall place a lien in favor of the commissioner against the land involved, certified by the county auditor, and collected according to section 429.101.
The commissioner may, by written agreements, delegate specific inspection, enforcement, and other regulatory duties of this chapter to officials of other agencies. This delegation may only be made to a state agency, a political subdivision, or a political subdivision's agency that has signed a joint powers agreement with the commissioner as provided in section 471.59.
The commissioner may disseminate information among live plant dealers regarding the treatment of nursery stock to prevent or eliminate the attack of plant pests and diseases.
The commissioner may carry out other duties or responsibilities that are of service to the industry or that may be necessary for the protection of the industry.
18J.03 CIVIL LIABILITY.
A person regulated by this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232, or sections 21.80 to 21.92, is civilly liable for any violation of one of those statutes or associated rules by the person's employee or agent.
18K.01 SHORT TITLE.
This chapter may be referred to as the "Industrial Hemp Development Act."
18J.01 DEFINITIONS.
(a) The definitions in sections 18G.02, 18H.02, 18K.02, 27.01, 223.16, 231.01, and 232.21 apply to this chapter.
(b) For purposes of this chapter, "associated rules" means rules adopted under this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232, or sections 21.80 to 21.92.
18K.02 DEFINITIONS.
The definitions in this section apply to this chapter.
"Applicant" means an individual who submits an application for a license as required under this chapter. If the applicant is an entity, applicant means the owner or most responsible individual in charge of the entity.
"Authorized representative" means any individual authorized by the licensee to make changes to the license and share data on behalf of the licensee.
"Commissioner" means the commissioner of agriculture.
"Entity" means a corporation, joint stock company, association, limited partnership, limited liability partnership, limited liability company, irrevocable trust, estate, charitable organization, or other similar organization, including any such organization participating in hemp production as a partner in a general partnership, a participant in a joint venture, or a participant in a similar organization.
"Industrial hemp" means the plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant's seeds, and all the plant's derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9.
"Marijuana" has the meaning given in section 152.01, subdivision 9.
"Processing" means rendering by refinement hemp plants or hemp plant parts from their natural or original state after harvest. Processing includes but is not limited to decortication, devitalization, chopping, crushing, extraction, and packaging. Processing does not include typical farm operations such as sorting, grading, baling, and harvesting. Processing does not include the production of artificially derived cannabinoids as defined in section 342.01, subdivision 6.
"Processing location" means any area, building, plant, or facility registered with and approved by the commissioner in which a licensee converts raw hemp into a marketable product.
"Processor" means a person or business that converts raw hemp into a product.
18K.03 AGRICULTURAL CROP; POSSESSION AUTHORIZED.
Industrial hemp is an agricultural crop in this state. A person may possess, transport, process, sell, or buy industrial hemp that is grown pursuant to this chapter or lawfully grown in another state.
A licensee under this chapter may sell hemp products derived from industrial hemp grown in this state to medical cannabis manufacturers as authorized under sections 152.22 to 152.37.
(a) An industrial hemp grower licensed under this chapter may sell hemp plant parts and propagules to a cannabis business or hemp business licensed under chapter 342.
(b) An industrial hemp processor licensed under this chapter may sell hemp concentrate to a cannabis business or hemp business licensed under chapter 342.
18H.05 NURSERY CERTIFICATE REQUIREMENTS.
(a) No person may offer for sale or distribute certified nursery stock as a live plant dealer without first obtaining the appropriate certificate from the commissioner. The commissioner may not issue a certificate to an entity who does not sell certified nursery stock. Certificates are issued solely for these purposes and may not be used for other purposes.
(b) A certificate issued by the commissioner expires on December 31 of the year it is issued.
(c) An entity required to be certified by this section must apply for a certificate or for renewal on a form established by the commissioner that must contain:
(1) the name, address, and contact information of the applicant;
(2) the assumed business name of the applicant;
(3) the address of the sales location;
(4) the address or geographical description of any additional location where nursery stock will be handled, if applicable; and
(5) the source or sources of purchased nursery stock.
(d) No entity may:
(1) falsely claim to be a certified live plant dealer;
(2) make willful false statements when applying for a certificate; or
(3) sell or distribute certified nursery stock to an uncertified live plant dealer who is required to be certified.
(e) Each application for a certificate must be accompanied by the appropriate certificate fee under section 18H.07.
(f) Certificates issued by the commissioner should be prominently displayed to the public in the place of business where certified nursery stock is sold or distributed.
(g) The commissioner may refuse to issue a certificate for cause.
(h) Each live plant dealer is entitled to one sales location under the certificate. Each additional sales location maintained by the entity requires the payment of the full certificate fee.
(i) A certificate is personal to the applicant and may not be transferred. A new certificate is necessary if the business entity is changed or if the membership of a partnership is changed, whether or not the business name is changed.
(j) The certificate issued to a live plant dealer applies to the particular premises named in the certificate. However, if prior approval is obtained from the commissioner, the place of business may be moved to the other premises or location without an additional certificate fee.
(k) A collector of nursery stock from the wild is required to obtain a live plant dealer certificate from the commissioner and is subject to all the requirements that apply to the inspection of nursery stock. All collected nursery stock must be labeled as "collected from the wild."
18J.05 ENFORCEMENT.
(a) A violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or an associated rule is a violation of this chapter.
(b) Upon the request of the commissioner, county attorneys, sheriffs, and other officers having authority in the enforcement of the general criminal laws must take action to the extent of their authority necessary or proper for the enforcement of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules or valid orders, standards, stipulations, and agreements of the commissioner.
If minor violations of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules occur or the commissioner believes the public interest will be best served by a suitable notice of warning in writing, this section does not require the commissioner to:
(1) report the violation for prosecution;
(2) institute seizure proceedings; or
(3) issue a withdrawal from distribution, stop-sale, or other order.
Civil judicial enforcement actions may be brought by the attorney general in the name of the state on behalf of the commissioner. A county attorney may bring a civil judicial enforcement action upon the request of the commissioner and agreement by the attorney general.
The commissioner may apply to a court with jurisdiction for a temporary or permanent injunction to prevent, restrain, or enjoin violations of this chapter.
For a criminal action, the county attorney from the county where a criminal violation occurred is responsible for prosecuting a violation of this chapter. If the county attorney refuses to prosecute, the attorney general on request of the commissioner may prosecute.
All persons licensed, permitted, registered, or certified under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules must appoint the commissioner as the agent upon whom all legal process may be served and service upon the commissioner is deemed to be service on the licensee, permittee, registrant, or certified person.
18H.04 ADOPTION OF RULES.
The commissioner may adopt rules to carry out the purposes of this chapter. The rules may include, but are not limited to, rules in regard to labeling and the maintenance of viability and vigor of nursery stock.
18H.06 EXEMPT NURSERY SALES.
MS 2022 [Repealed, 2023 c 43 art 2 s 142]
(a) An individual may offer nursery stock for sale and be exempt from the requirement to obtain a nursery stock certificate if:
(1) the gross sales of all nursery stock in a calendar year do not exceed $1,000;
(2) all nursery stock sold or distributed by the individual is intended for planting in Minnesota;
(3) all nursery stock sold or distributed was grown by the individual in Minnesota; and
(4) the individual conducts sales or distributions of nursery stock on ten or fewer days in a calendar year.
(b) The commissioner may prescribe the conditions of the exempt nursery sales under this subdivision and may conduct routine inspections of the nursery stock offered for sale.
18J.06 FALSE STATEMENT OR RECORD.
A person must not knowingly make or offer a false statement, record, or other information as part of:
(1) an application for registration, license, certification, or permit under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;
(2) records or reports required under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules; or
(3) an investigation of a violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules.
18K.06 RULEMAKING.
(a) The commissioner may adopt or amend rules governing the production, testing, processing, and licensing of industrial hemp using the procedure in section 14.386, paragraph (a). Section 14.386, paragraph (b), does not apply to rules adopted or amended under this section.
(b) Rules adopted under paragraph (a) must include but not be limited to provisions governing:
(1) the supervision and inspection of industrial hemp during its growth and harvest;
(2) the testing of industrial hemp to determine delta-9 tetrahydrocannabinol levels;
(3) the use of background check results required under section 18K.04 to approve or deny a license application; and
(4) any other provision or procedure necessary to carry out the purposes of this chapter.
(c) Rules issued under this section must be consistent with federal law regarding the production, distribution, and sale of industrial hemp.
18J.07 ADMINISTRATIVE ACTION.
The commissioner may seek to remedy violations by a written warning, administrative meeting, cease and desist, stop-use, stop-sale, removal, correction order, or an order, seizure, stipulation, or agreement, if the commissioner determines that the remedy is in the public interest.
The commissioner may, after written notice and hearing, revoke, suspend, or refuse to grant or renew a registration, permit, license, or certification if a person violates this chapter or has a history within the last three years of violation of this chapter.
The commissioner may cancel or revoke a registration, permit, license, or certification provided for under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules or refuse to register, permit, license, or certify under provisions of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules if the registrant, permittee, licensee, or certified person has used fraudulent or deceptive practices in the evasion or attempted evasion of a provision of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules.
(a) If a person is not available for service of an order, the commissioner may attach the order to the facility, site, seed or seed container, plant or other living or nonliving object regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules and notify the owner, custodian, other responsible party, or registrant.
(b) The seed, seed container, plant, or other living or nonliving object regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may not be sold, used, tampered with, or removed until released under conditions specified by the commissioner, by an administrative law judge, or by a court.
(a) An applicant for a license, permit, registration, or certification under provisions of this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may not allow a final judgment against the applicant for damages arising from a violation of those statutes or rules to remain unsatisfied for a period of more than 30 days.
(b) Failure to satisfy, within 30 days, a final judgment resulting from a violation of this chapter results in automatic suspension of the license, permit, registration, or certification.
18K.07 FEES.
Fees collected under this chapter must be credited to the industrial hemp account, which is hereby established in the agricultural fund in the state treasury. Interest earned in the account accrues to the account. Funds in the industrial hemp account are annually appropriated to the commissioner to implement and enforce this chapter.
18H.08 SMALL LOT INSPECTIONS; VIRUS DISEASE-FREE CERTIFICATION; OTHER SERVICES.
The commissioner may make small lot inspections or perform other necessary services for which another charge is not specified. For these services, the commissioner may set a fee plus expenses that will recover the cost of performing this service. The commissioner may set an additional acreage fee for inspection of seed production fields for exporters in order to meet domestic and foreign plant quarantine requirements.
The commissioner may provide special services such as virus disease-free certification and other similar programs. Participation by live plant dealers is voluntary. Plants offered for sale as certified virus-free must be grown according to certain procedures in a manner defined by the commissioner for the purpose of eliminating viruses and other injurious disease or insect pests. The commissioner shall collect reasonable fees from participating live plant dealers for services and materials that are necessary to conduct this type of work.
18J.08 APPEALS OF COMMISSIONER'S ORDERS.
(a) After service of an order, a person has 20 days from receipt of the order to notify the commissioner in writing that the person intends to contest the order.
(b) If the person fails to notify the commissioner that the person intends to contest the order, the order is a final order of the commissioner and not subject to further judicial or administrative review.
If a person notifies the commissioner that the person intends to contest an order issued under this section, the state Office of Administrative Hearings must conduct a hearing in accordance with the applicable provisions of chapter 14 for hearings in contested cases.
Judicial review of a final decision in a contested case is available as provided in chapter 14.
18K.08 DEFENSE FOR POSSESSION OF MARIJUANA.
It is an affirmative defense to a prosecution for the possession of marijuana under chapter 152 if:
(1) the defendant possesses industrial hemp grown pursuant to this chapter; or
(2) the defendant has a valid controlled substance registration from the United States Department of Justice, Drug Enforcement Administration, if required under federal law.
18H.09 NURSERY STOCK CERTIFICATION REQUIREMENTS.
(a) All nursery stock growing at sites identified by live plant dealers and submitted for inspection must be inspected by the commissioner within the previous 12 months prior to sale and found apparently free from plant pests. The commissioner may waive a site inspection under the following conditions:
(1) the nursery stock is not going to be sold within 12 months;
(2) the nursery stock will not be moved out of Minnesota; and
(3) the nursery site or stock is not subject to certification requirements associated with a state or federally regulated or quarantined plant pest.
All nursery stock originating from out of state and offered for sale in Minnesota must have been inspected by the appropriate state or federal agency during the previous 12 months and found free from significantly dangerous or potentially damaging plant pests. A nursery stock certificate is valid from January 1 to December 31.
(b) Nursery stock must be accessible to the commissioner for inspection during regular business hours. Weeds or other growth that hinder a proper inspection are grounds to suspend or withhold a certificate or require a reinspection for which a fee may be charged.
(c) Inspection reports issued to live plant dealers must contain a list of the plant pests found at the time of inspection. Withdrawal-from-distribution or other orders are considered part of the inspection reports. A withdrawal-from-distribution or other order must contain a list of plants withdrawn from distribution and the location of the plants.
(d) The commissioner may mark sections withdrawn from distribution or subject to other special circumstances. These marks must remain in place until the commissioner removes the marks or grants written permission to the grower to remove the marks.
(e) Inspection reports issued to live plant dealers must outline the violations involved and corrective actions to be taken including withdrawal-from-distribution orders which would specify nursery stock that could not be distributed from a certain area.
(f) Optional inspections of plants may be conducted by the commissioner upon request by any entity desiring an inspection. A fee as provided in section 18H.07 must be charged for such an inspection.
18J.09 CREDITING OF PENALTIES, FEES, AND COSTS.
Penalties, cost reimbursements, fees, and other money collected under this chapter must be deposited into the state treasury and credited to the appropriate nursery and phytosanitary, industrial hemp, or seed account.
18H.10 STORAGE OF NURSERY STOCK.
(a) All nursery stock must be kept and displayed under conditions of temperature, light, and moisture sufficient to maintain the viability and vigor of the nursery stock.
(b) Packaged nursery stock must be stored under conditions that retard growth, prevent etiolated growth, and protect its viability.
(c) Balled and burlapped nursery stock being held for sale must be kept in a moisture-holding material approved by the commissioner and not toxic to plants. The moisture-holding material must adequately cover and protect the ball of earth and must be kept moist at all times. The commissioner may approve alternative nursery stock management practices to maintain the viability of balled and burlapped stock.
18J.10 CIVIL PENALTIES.
Except as provided in subdivision 2, a person who violates this chapter or an order, standard, stipulation, agreement, or schedule of compliance of the commissioner is subject to a civil penalty of up to $7,500 per day of violation as determined by the court.
As a defense to a civil penalty or claim for damages under subdivision 1, the defendant may prove that the violation was caused solely by an act of God, an act of war, or an act or failure to act that constitutes sabotage or vandalism, or any combination of these defenses.
In an action to compel performance of an order of the commissioner to enforce a provision of this chapter, the court may require a defendant adjudged responsible to perform the acts within the person's power that are reasonably necessary to accomplish the purposes of the order.
The civil penalties and payments provided for in this chapter may be recovered by a civil action brought by the county attorney or the attorney general in the name of the state.
18H.11 NURSERY STOCK STANDARDS.
The American Standard for Nursery Stock, ANSI Z60.1, published by the Nursery and Landscape Association, must be used by the commissioner in determining standards and grades of nursery stock when not in conflict with this chapter.
18H.12 DAMAGED, DISEASED, INFESTED, OR MISREPRESENTED STOCK.
(a) No entity may knowingly offer to distribute, advertise, or display nursery stock that is infested or infected with plant pests or nursery stock that is in a dying condition, desiccated, frozen or damaged by freezing, or materially damaged in any way.
(b) No entity may knowingly offer to distribute, advertise, or display nursery stock that may result in the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as to the quantity, size, grade, kind, species name, age, variety, maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth characteristics, rate of growth, time required before flowering or fruiting, price, origin, place where grown, or any other material respect.
(c) Upon discovery or notification of damaged, diseased, infested, or misrepresented stock, the commissioner may place a stop sale and a withdrawal from distribution order on the material. The order makes it an illegal action to distribute, give away, destroy, alter, or tamper with the plants.
(d) The commissioner may conspicuously mark all plants, materials, and articles known or suspected to be infected or infested with plant pests. The commissioner shall notify the persons, owners, or the tenants in possession of the premises or area in question of the existence of the plant pests.
(e) If the commissioner determines that this chapter has been violated, the commissioner may order that the nuisance, infestation, infection, or plant pest be abated by whatever means necessary, including, but not limited to, destruction, confiscation, treatment, return shipment, or quarantine.
(f) The plant owner is liable for all costs associated with a stop order or a quarantine, treatment, or destruction of plants. The commissioner is not liable for any actual or incidental costs incurred by an entity due to authorized actions of the commissioner. The commissioner must be reimbursed by the owner of plants for actual expenses incurred by the commissioner in carrying out a stop order.
18H.14 LABELING AND ADVERTISING OF NURSERY STOCK.
(a) Plants, plant materials, or nursery stock must not be labeled or advertised with false or misleading information including, but not limited to, the scientific name, variety, place of origin, and hardiness zone as defined by the United States Department of Agriculture.
(b) All nonhardy nursery stock as designated by the commissioner must be labeled correctly for hardiness or be labeled "nonhardy" in Minnesota.
(c) An entity may not offer for distribution plants, plant materials, or nursery stock, represented by some specific or special form of notation, including, but not limited to, "free from" or "grown free of," unless the plants are produced under a specific program approved by the commissioner to address the specific plant properties addressed in the special notation claim.
(d) Nursery stock collected from the wild state must be inspected and certified prior to sale and at the time of sale must be labeled "Collected from the Wild." The label must remain on each plant or clump of plants while it is offered for sale and during the distribution process. The collected stock may be grown in nursery rows at least two years, after which the plants may be sold without the labeling required by this paragraph.
(e) An entity may not label or advertise an annual plant, bedding plant, or other plant, plant material, or nursery stock as beneficial to pollinators if the annual plant, bedding plant, plant material, or nursery stock has:
(1) been treated with a systemic insecticide that:
(i) has a pollinator protection box on the label; or
(ii) has a pollinator, bee, or honey bee precautionary statement in the environmental hazards section of the insecticide product label; and
(2) a concentration in its flowers or leaves greater than the reference value.
The commissioner shall enforce this paragraph as provided in chapter 18J.
(f) For the purposes of paragraph (e):
(1) "systemic insecticide" means an insecticide that is both absorbed by the plant and translocated through the plant's vascular system; and
(2) "reference value" means the most appropriate value determined by the commissioner of agriculture based on the commissioner's review of pollinator protective reference values published or approved by the United States Environmental Protection Agency. If a United States Environmental Protection Agency reference value is not available for a specific systemic insecticide or is not appropriate for use in Minnesota or for a specific type of plant, plant material, or nursery stock, the commissioner may consider reference values from other states, peer-reviewed literature, or other appropriate sources.
18H.18 CONSERVATION OF CERTAIN WILDFLOWERS.
No entity shall distribute any species of orchids (Orchidaceae), any gentian (Gentiana), arbutus (Epigaea repens), lilies (Lilium species), coneflowers (Echinacea species), bloodroot (Sanguinaria canadensis), mayapple (Podophyllum peltatutum), any species of trillium (Trillium species), or lotus (Nelumbo lutea), that have been collected in any manner from any public or private property without the written permission of the property owner. Plants listed in this subdivision that are intended to be offered for sale must have written authorization from the commissioner.
Wildflower collection from public or private land for the purpose of transplanting the plants to an entity's private property and not offering for immediate sale, requires the written permission from the property owner of the land on which the wildflowers are growing.
(a) The wildflowers listed in this section may be offered for immediate sale only if the plants are to be used for scientific or herbarium purposes.
(b) The wildflowers listed in this section must not be collected and sold commercially unless the plants are:
(1) growing naturally, collected, and cultivated on the collector's property; or
(2) collected through the process described in subdivision 2 and transplanted and cultivated on the collector's property for at least one growing season before the sale.
(c) The collector must obtain a written permit from the commissioner before the plants may be offered for commercial sale.
(d) A wildflower listed under this section that is sold commercially must be individually labeled with a department permit number.
18H.16 POLITICAL SUBDIVISION ORDINANCES.
A political subdivision must not enact an ordinance or resolution that conflicts with this chapter.