piers109uk/MN-Statutes huggingface dataset:
17.1016 COOPERATIVE GRANTS.
For purposes of this section:
(1) "agricultural commodity" and "agricultural product processing facility" have the meanings given in section 17.101, subdivision 5; and
(2) "agricultural service" means an action made under the direction of a farmer that provides value to another entity. Agricultural service includes grazing to manage vegetation.
(a) The commissioner may establish and implement a grant program to help farmers finance new cooperatives that organize for purposes of operating an agricultural product processing facility or marketing an agricultural product or agricultural service.
(b) To be eligible for this program, a grantee must:
(1) be a cooperative organized under chapter 308A or 308B;
(2) certify that all control of the cooperative is from farmers, family farm partnerships, family farm limited liability companies, or family farm corporations as defined in section 500.24, subdivision 2, who are actively engaged in agricultural commodity production;
(3) be operated primarily to process agricultural commodities or market agricultural products or services produced in Minnesota;
(4) receive agricultural commodities produced primarily by shareholders or members of the cooperative; and
(5) not allow nonpatron voting rights.
(c) The commissioner may receive applications and make grants up to $50,000 to eligible grantees for feasibility, marketing analysis, assistance with organizational development, financing and managing new cooperatives, product development, development of business and marketing plans, and predesign of facilities, including site analysis, the development of bid specifications, preliminary blueprints and schematics, and the completion of purchase agreements and other necessary legal documents.
(d) Grants must be matched dollar-for-dollar with other money or in-kind contributions.
17.1018 GOOD FOOD ACCESS PROGRAM ADVISORY COMMITTEE.
As used in this section, the following terms have the meanings given them:
(1) "program" means the good food access program under section 17.1017; and
(2) "commissioner" means the commissioner of agriculture.
The Good Food Access Program Advisory Committee consists of the following members, appointed by the commissioner of agriculture, unless otherwise specified:
(1) the commissioners of health, employment and economic development, and human services, or their respective designees;
(2) one person representing the grocery industry;
(3) two people representing economic or community development, one rural member and one urban or suburban member;
(4) two people representing political subdivisions of the state;
(5) one person designated by the Council for Minnesotans of African Heritage;
(6) one person designated by the Minnesota Indian Affairs Council;
(7) one person designated by the Council on Asian Pacific Minnesotans;
(8) one person designated by the Chicano Latino Affairs Council;
(9) one person designated by the Minnesota Farmers Union;
(10) one person representing public health experts;
(11) one person representing philanthropic foundations;
(12) one person representing economic or community development financial institutions;
(13) one person representing the University of Minnesota Regional Sustainable Development Partnerships;
(14) two people representing organizations engaged in addressing food security, one representative from a statewide hunger relief organization and one from a community-based organization;
(15) one person representing immigrant farmer-led organizations;
(16) one person representing small business technical assistance with experience in food retail; and
(17) up to four additional members with economic development, health equity, financial, or other relevant expertise.
At least half of the members must reside in or their organizations must serve rural Minnesota. The commissioner may remove members and fill vacancies as provided in section 15.059, subdivision 4.
The advisory committee must advise the commissioner of agriculture on managing the program, establishing program criteria, establishing project eligibility guidelines, establishing application processes and additional selection criteria, establishing annual monitoring and accountability mechanisms, facilitating leveraging of additional public and private investments, and promoting the program statewide.
The commissioner must convene the advisory committee at least two times per year to achieve the committee's duties.
The commissioner of agriculture must provide staffing, meeting space, and administrative services for the advisory committee.
The commissioner of agriculture or the commissioner's designee shall serve as chair of the committee.
The public members of the advisory committee serve without compensation or payment of expenses.
The advisory committee does not expire.
17.102 MINNESOTA GROWN LABEL.
(a) The commissioner shall establish a "Minnesota grown" logo or labeling statement for use in identifying agricultural products that are grown, raised, processed, or manufactured in this state. The commissioner may develop labeling statements that apply to specific marketing or promotional needs. One version of a labeling statement must identify food products certified as organically grown in this state. The Minnesota grown logo or labeling statement may be used on products only if 80 percent or more of the agricultural product is produced in this state.
(b) The Minnesota grown logo or labeling statement may not be used without a license from the commissioner except that wholesalers and retailers may use the Minnesota grown logo and labeling statement for displaying and advertising products that qualify for use of the Minnesota grown logo or labeling statement.
The logo or labeling statement does not supersede or replace any federal label or grade standard that is required by law.
A person may not use the Minnesota grown logo or labeling without an annual license from the commissioner. The commissioner shall issue licenses for a fee of $20.
The Minnesota grown account is established as an account in the agricultural fund. License fee receipts and penalties collected under this section must be deposited in the agricultural fund and credited to the Minnesota grown account. The money in the account is continuously appropriated to the commissioner for the direct costs of implementing the Minnesota grown program.
The Minnesota grown account shall consist of license fees, penalties, advertising revenue, revenue from the development and sale of promotional materials, gifts, and appropriations.
Appropriations from the Minnesota grown account may be expended only to the extent that they are matched with contributions to the account from private sources on a basis of at least $1 of private contributions to each $4 of state money. For the purposes of this subdivision, "private contributions" includes, but is not limited to, license fees, penalties, advertising revenue, revenue from the development and sale of promotional materials, and gifts.
A person who is required to have a license and uses the Minnesota grown logo or labeling without a license after being notified by the commissioner that a license is required is subject to a civil penalty up to $1,000.
The commissioner shall promulgate rules authorizing and licensing the use of the logo or labeling statement.
17.107 FARM EQUIPMENT SAFETY AND MAINTENANCE PROGRAM FOR YOUTH.
The Minnesota Extension Service, in cooperation with the commissioner of agriculture, shall implement a voluntary farm equipment safety program for training and certifying rural youth. The program must be designed to teach young operators to safely maintain and operate tractors and other farm implements. The Extension Service shall maintain records adequate to verify the names and addresses of students certified by the safety program.
Not later than August 1, 1991, the Minnesota Extension Service shall design a program for the recruitment and development of qualified instructors for the youth farm equipment safety program created under subdivision 1.
From within public or nonpublic funds made available for the youth farm equipment safety program created under subdivision 1, the commissioner of agriculture may make payments of $25 per student to qualified instructors on a per-student basis.
17.1195 FARM SAFETY GRANT AND OUTREACH PROGRAMS.
(a) The commissioner may award grants to Minnesota farmers and Minnesota schools that retrofit eligible tractors with eligible rollover protective structures.
(b) Grants for farmers are limited to 70 percent of the farmer's documented cost to purchase, ship, and install an eligible rollover protective structure. The commissioner must increase a farmer's grant award amount over the 70 percent grant limitation requirement if necessary to limit a farmer's cost per tractor to no more than $500.
(c) Schools are eligible for grants that cover the full amount of a school's documented cost to purchase, ship, and install an eligible rollover protective structure.
(d) A rollover protective structure is eligible if it is certified to appropriate national or international rollover protection structure standards with a seat belt.
(e) "Eligible tractor" means a tractor that was built before 1987.
(a) The commissioner may award grants to Minnesota farmers who purchase eligible grain storage facility safety equipment. Grants are limited to 75 percent of the farmer's documented cost to purchase, ship, and install grain storage facility safety equipment, or $400 per bin or silo, whichever is less. A farm entity may not receive more than one grant each fiscal year.
(b) Eligible grain storage facility safety equipment includes:
(1) fall protection systems;
(2) engineering controls to prevent contact with an auger or other moving parts;
(3) dust collection systems to minimize explosion hazards;
(4) personal protective equipment to increase survivability in the event of a grain-bin-related emergency;
(5) grain silo air quality monitoring equipment; and
(6) other grain storage facility safety equipment approved by the commissioner.
(c) The commissioner may create a farm safety outreach campaign, including but not limited to development and distribution of safety educational materials related to grain bins, silos, and other agricultural confined spaces.
The commissioner may spend up to six percent of total program dollars each fiscal year to promote and administer the programs to Minnesota farmers and schools.
17.134 SOIL HEALTH FINANCIAL ASSISTANCE PROGRAM.
The commissioner must establish and administer a program to support healthy soil management practices in accordance with this section.
The commissioner may award a grant under this section for any project on agricultural land in Minnesota that will:
(1) increase the quantity of organic carbon in soil through practices, including but not limited to reduced tillage, cover cropping, manure management, precision agriculture, crop rotations, and changes in grazing management;
(2) integrate perennial vegetation into the management of agricultural lands;
(3) reduce nitrous oxide and methane emissions through changes to livestock, soil management, or nutrient optimization;
(4) increase the usage of precision agricultural practices;
(5) enable the development of site-specific management plans; or
(6) enable the purchase of equipment, parts and materials, technology, subscriptions, technical assistance, seeds, seedlings, or amendments that will further any of the purposes in clauses (1) to (5).
Any owner or lessee of farmland may apply for a grant under this section. The commissioner must give preference to owners and lessees that have not previously implemented an eligible project and owners and lessees that are certified or assessed and pursuing certification under sections 17.9891 to 17.993. Local government units, including cities; towns; counties; soil and water conservation districts; Minnesota Tribal governments as defined in section 10.65; and joint powers boards, are also eligible for a grant. A local government unit that receives a grant for equipment or technology must make those purchases available for use by the public.
In addition to the applicable grants management requirements imposed under sections 16B.97 to 16B.991, an owner or lessee that receives a grant under this section to purchase equipment must certify to the commissioner that the owner or lessee will not sell the equipment for at least ten years.
By January 15 each year, the commissioner must submit a report on the grants awarded under this section to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over agriculture policy and finance. The report must include the number of grants awarded by county and the combined value of those grants.
17.135 FARM DISPOSAL OF SOLID WASTE.
(a) A permit is not required from a state agency, except under sections 88.16, 88.17, and 88.22 for a person who owns or operates land used for farming that buries, or burns and buries:
(1) solid waste generated from the person's household or as part of the person's farming operation; or
(2) concrete or reinforcing bar from a building or structure located on the land used for farming.
Items in clauses (1) and (2) must be buried in a nuisance-free, pollution-free, and aesthetic manner on the land used for farming. The exception in clause (1) does not apply if regularly scheduled pickup of solid waste is reasonably available at the person's farm, as determined by resolution of the county board of the county where the person's farm is located.
(b) The exemption in paragraph (a), clause (1), does not apply to burning tires or plastics, except plastic baling twine, or to burning or burial of the following materials:
(1) household hazardous waste as defined in section 115A.96, subdivision 1;
(2) appliances, including but not limited to, major appliances as defined in section 115A.03, subdivision 17a;
(3) household batteries;
(4) used motor oil; and
(5) lead acid batteries from motor vehicles.
(c) Within 90 days after completion of the burial, an owner of land used for farming who buries material under the authority of paragraph (a), clause (2), shall record, with the county recorder or registrar of titles of the county in which the land is located, an affidavit containing a legal description of the property and a map drawn from available information showing the boundary of the property and the location of concrete or reinforcing bar buried on the property. The county recorder or registrar of titles must record an affidavit presented under this paragraph in a manner that ensures its disclosure in the ordinary course of a title search of the subject property.
17.345 NOT DETERMINATIVE FOR PROPERTY CLASSIFICATION.
Participating in an agricultural pursuit identified in this chapter is not determinative for the classification of property under chapter 273.
17.351 DEFINITIONS.
The definitions in this section apply to sections 17.352 to 17.354.
[Repealed, 1996 c 310 s 1]
"Fur-bearing animal" means a fox, mink, fitch, chinchilla, karakul, marten, nutria, or fisher that is the second or later generation raised in captivity.
"Fur farmer" means a person engaged in breeding, raising, producing, and marketing fur-bearing animals or the products of fur-bearing animals.
17.352 AGRICULTURAL PRODUCTS AND PURSUITS.
Fur-bearing animals are domestic animals and products of fur-bearing animals are agricultural products. A fur farmer is engaged in an agricultural pursuit.
17.354 APPLICATION.
Sections 17.351 to 17.353 do not affect provisions of law relating to wild animals.
89.51 DEFINITIONS.
For the purposes of sections 89.51 to 89.64, the terms described in this section have the meanings ascribed to them.
"Person" shall include any individual, firm, partnership, corporation, public or private, association or any other business entity whether or not incorporated.
"Commissioner" shall mean the commissioner of natural resources.
"Director, Division of Lands and Forestry" shall include Department of Natural Resources and Department of Agriculture personnel deputized by the director, Division of Lands and Forestry.
"Control" includes prevent, retard, suppress, eradicate or destroy.
"Infestation" includes actual, potential, incipient, or emergent infestation or infection by forest pests or shade tree pests.
"Cooperators" shall include state, federal, county, municipal and private governmental and business organizations and their legal representatives.
[Repealed, 2007 c 57 art 1 s 170]
"Forest land" or "forest" means land on which occurs a stand or potential stand of trees valuable for timber products, watershed or wildlife protection, recreational uses, community forest benefits, or other purposes, and shall include lands owned or controlled by the state of Minnesota.
"Timber" includes forest trees standing or down, alive or dead.
89.52 SURVEYS AND INVESTIGATIONS.
The commissioner shall make surveys and investigations to determine the presence of infestations of forest pests or shade tree pests. For this purpose, duly designated representatives of the commissioner may enter at reasonable times on public and private lands to conduct the surveys and investigations.
17.41 GRAIN DEFINED.
Unless the language or context clearly indicates that a different meaning is intended, the term "grain" shall mean whole seeds or entire grains or any broken parts thereof, of field peas, field beans, soybeans or entire legumes, or flax, wheat, rye, barley, oats, corn, sorghum, spelt or emmer, vetch, buckwheat, or any other cereals.
89.53 CONTROL OF FOREST PESTS AND SHADE TREE PESTS.
Whenever the commissioner finds that an area in the state is infested or threatened to be infested with forest pests or shade tree pests, the commissioner shall determine whether measures of control are needed, what control measures are to be applied, and the area over which the control measures shall be applied. The commissioner shall prescribe a proposed zone of infestation covering the area in which control measures are to be applied and shall publish notice of the proposal once a week, for two successive weeks in a newspaper having a general circulation in each county located in whole or in part in the proposed zone of infestation. Prescribing zones of infestation and prescribing measures of control are exempt from the rulemaking provisions of chapter 14 and section 14.386 does not apply.
The notice shall include a description of the boundaries of the proposed zone of infestation, the control measures to be applied, and a time and place where municipalities and owners of forest lands or shade trees in the zone may show cause orally or in writing why the zone and control measures should or should not be established. The commissioner shall consider any statements received in determining whether the zone shall be established and the control measures applied.
The commissioner may establish experimental programs for the control of forest pests or shade tree pests and for municipal reforestation.
17.445 INSPECTIONS AND SERVICES; FEES.
For the purposes of this section, the definitions in this subdivision have the meanings given them.
(a) "Apiary" means a place where a collection of one or more hives or colonies of bees or the nuclei of bees are kept.
(b) "Bee equipment" means hives, supers, frames, veils, gloves, and any apparatus, tool, machine, vehicle, or other device used in the handling, moving, or manipulating of bees, honey, wax, or hives, including containers of honey or wax, which may be used in an apiary or in transporting bees and their products and apiary supplies.
(c) "Bees" means any stage of the common honey bee, Apis mellifera (L).
(d) "Commissioner" means the commissioner of agriculture or the commissioner's designees or authorized agents.
To ensure continued access to foreign and domestic markets, the commissioner shall provide requested bee inspections and other necessary services.
On request, the commissioner may make inspections for sale of bees, bee equipment, or appliances or perform other necessary services.
The commissioner shall charge a fee or charge for expenses so as to recover the cost of performing the inspections and services in subdivision 3. If a person for whom these inspections or services are to be performed requests it, the commissioner shall provide to the person in advance an estimate of the fees or expenses that will be charged. All fees and charges collected under this section shall be deposited in the state treasury and credited to the agricultural fund. Revenue from inspection fees and other charges deposited in the agricultural fund, including any interest earned, is appropriated to the commissioner to perform the services provided for under this section.
89.54 ZONES OF INFESTATION; ESTABLISHMENT.
Upon the decision by the commissioner that the establishment of a zone of infestation is necessary, the commissioner shall make a written order establishing the zone, and upon making the order, the zone shall be established. Notice of the establishment of the zone shall thereupon be published in a newspaper having a general circulation in each county located in whole or in part in the proposed zone and posted on the Department of Natural Resources website.
17.452 FARM-RAISED CERVIDAE.
[Repealed, 2014 c 181 s 14]
[Repealed, 2014 c 181 s 14]
[Repealed, 1997 c 7 art 2 s 67]
Farmed Cervidae are livestock and are not wild animals for purposes of game farm, hunting, or wildlife laws. Farmed Cervidae and their products are farm products and livestock for purposes of financial transactions and collateral.
Raising farmed Cervidae is agricultural production and an agricultural pursuit.
The definitions in section 35.153 apply to this section.
[Repealed, 1Sp2005 c 1 art 1 s 98]
[Repealed, 1Sp2005 c 1 art 1 s 98]
[Repealed, 1Sp2005 c 1 art 1 s 98]
Farmed Cervidae must be slaughtered and inspected in accordance with chapters 31 and 31A or the United States Department of Agriculture voluntary program for exotic animals, Code of Federal Regulations, title 9, part 352.
Persons selling or buying farmed Cervidae sold as livestock, sold for human consumption, or sold for slaughter must comply with chapters 17A, 31, 31A, and 31B.
[Repealed, 1Sp2005 c 1 art 1 s 98]
[Repealed, 1Sp2005 c 1 art 1 s 98]
[Repealed, 1Sp2005 c 1 art 1 s 98]
[Repealed, 1Sp2005 c 1 art 1 s 98]
[Repealed, 1Sp2005 c 1 art 1 s 98]
[Repealed, 1Sp2005 c 1 art 1 s 98]
[Repealed, 1Sp2005 c 1 art 1 s 98]
[Repealed, 1Sp2005 c 1 art 1 s 98]
17.453 DEFINITIONS.
The definitions in this section apply to this section and section 17.454.
"Owner" means a person who owns or is responsible for the raising of Ratitae.
"Ratitae" means members of the Ratitae family (including ostriches, emus, and rheas) that are raised for the purpose of producing fiber, meat, or animal by-products or as breeding stock.
89.55 INFESTATION CONTROL; COSTS.
Upon the establishment of the zone of infestation, the commissioner may apply measures of infestation prevention and control on public and private forest and other lands within an infected zone and to any trees, plants, wood or wood products, or contaminated soil harboring or which may harbor the forest pests or shade tree pests. For this purpose, the duly authorized representatives of the commissioner are authorized to enter upon any lands, public or private within the zone. The commissioner may enter into agreements with owners of the lands in the zone covering the control work on their lands, and fixing the pro rata basis on which the cost of the work will be shared between the commissioner and the owner.
17.454 RATITAE.
Ratitae are livestock and are not wild animals for purposes of hunting or wildlife laws. Ratitae and their products are farm products and livestock for purposes of financial transactions and collateral.
Raising Ratitae is agricultural production and an agricultural pursuit.
Persons selling or buying Ratitae sold as livestock, sold for human consumption, or sold for slaughter must comply with chapters 17A, 28A, 31, 31A, and 31B.
Ratitae must be slaughtered and inspected in accordance with the United States Department of Agriculture voluntary inspection program for exotic animals, Code of Federal Regulations, title 9, part 352.
Ratitae are subject to chapter 35 and the rules of the Board of Animal Health in the same manner as livestock and domestic animals, including provisions relating to importation and transportation.
89.56 EXPENSES.
At the end of each fiscal year and upon completion of the infestation control measures in any zone of infestation, the commissioner shall prepare a certified statement of expenses incurred in carrying out the measures, including expenses of owners covered by agreements entered into pursuant to section 89.55. The statement shall show the amount that the commissioner determines to be the commissioner's share of the expenses. The share of the commissioner may include funds and the value of other contributions made available by the federal government and other cooperators. The balance of the costs shall constitute a charge on an acreage basis as provided herein against the owners of lands in the zone containing trees affected or likely to be affected by the forest pests or shade tree pests for which control measures were conducted. In fixing the rates at which charges shall be made against each owner, the commissioner shall consider the present commercial value of the trees on the land, the present and potential benefits to the owner from the application of the control measures, the cost of applying the measures to the land, and such other factors as in the discretion of the commissioner will enable determination of an equitable distribution of the cost to all owners. No charge shall be made against owners to the extent that they have individually or as members of a cooperative association contributed funds, supplies, or services pursuant to agreement under this section.
Notice of said charge and the amount thereof shall be given to the owner by delivery or by depositing the same in the United States mails in an envelope properly addressed to the owner and bearing sufficient postage. The owner shall have the right to protest such charge to the commissioner within 60 days from the date of such notice, and shall also have the same right to review of such charge as is provided with respect to ad valorem property assessments. Application for such review shall be made within 60 days from the date of action by the commissioner on any protest.
The unpaid charges assessed under sections 89.51 to 89.64 and the actions of the commissioner on any protests filed pursuant to subdivision 2, shall be reported to the tax levying authority for the county in which the lands for which the charges are assessed are situated and shall be made a public record. Any charges finally determined to be due shall become a special assessment and shall be payable in the same manner and with the same interest and penalty charges and with the same procedure for collection as apply to ad valorem property taxes. Upon collection of the charges, the county treasurer shall forthwith cause the amounts thereof to be paid to the forest pest and shade tree pest control account created by section 89.58. Any unpaid charge or lien against the lands shall not be affected by the sale thereof or by dissolution of the zone of infestation.
17.455 DEFINITIONS.
The definitions in this section apply to this section and section 17.456.
"Llama" means a member of the genus lama that is raised for the purpose of producing fiber, meat, or animal by-products or as breeding stock.
"Owner" means a person who owns or is responsible for the raising of llamas.
17.456 LLAMA.
Llamas are livestock and are not wild animals for purposes of hunting or wildlife laws. Llamas and their products are farm products and livestock for purposes of financial transactions and collateral.
Raising llamas is agricultural production and an agricultural pursuit.
Persons selling or buying llamas sold as livestock, sold for human consumption, or sold for slaughter must comply with chapters 17A, 28A, 31, 31A, and 31B.
[Repealed, 1997 c 220 s 5]
Llamas are subject to chapter 35 and the rules of the Board of Animal Health in the same manner as livestock and domestic animals, including provisions relating to importation and transportation.
17.458 AGROFORESTRY.
"Agroforestry" means the cultivation of short-rotation woody crops using agricultural practices to produce timber or forest products.
Agroforestry is an agricultural pursuit.
17.49 AQUACULTURE PROGRAM AND PROMOTION.
[Repealed, 2001 c 161 s 58]
Aquaculture programs in the state must be coordinated through the commissioner of agriculture. The commissioner of agriculture shall direct the development of aquaculture in the state. Aquaculture research, projects, and demonstrations must be reported to the commissioner before state appropriations for the research, projects, and demonstrations are encumbered. The commissioner shall maintain a database of aquaculture research, demonstrations, and other related information pertaining to aquaculture in the state.
The commissioner may establish a Minnesota aquaculture development and aid program that may support applied research, demonstration, financing, marketing, promotion, broodstock development, and other services.
[Repealed, 2009 c 94 art 1 s 107]
89.57 DISSOLUTION OF INFESTATION ZONE.
Whenever the commissioner shall determine that forest pest or shade tree pest control work within an established zone of infestation is no longer necessary or feasible, the commissioner shall dissolve the zone.
17.459 HORSES.
Horses and other equines raised for the purposes of riding, driving, farm or ranch work, competition, racing, recreation, sale, or as breeding stock are livestock. Horses and their products are livestock and farm products for purposes of financial transactions and collateral.
Raising horses and other equines is agricultural production and an agricultural pursuit. A horse breeding farm, horse training farm, horse boarding farm, or a farm combining those purposes is an agricultural operation.
[Repealed, 2012 c 203 s 3]
17.46 SHORT TITLE.
Laws 1991, chapter 309, sections 4 to 16, may be cited as the Aquaculture Development Act.
17.47 DEFINITIONS.
The definitions in this section apply to Laws 1991, chapter 309, sections 2 to 16.
"Aquaculture" means the culture of private aquatic life for consumption or sale.
"Aquatic farm" means a facility used for the purpose of culturing private aquatic life in waters, including but not limited to artificial ponds, vats, tanks, raceways, other indoor or outdoor facilities that an aquatic farmer owns or where an aquatic farmer has exclusive control of, or private fish hatcheries licensed under section 97C.211 for the sole purpose of processing or cultivating aquatic life.
"Aquatic farmer" means an individual who practices aquaculture.
[Repealed, 1996 c 310 s 1]
"Department" means the Department of Agriculture.
"Private aquatic life" means fish, shellfish, mollusks, crustaceans, turtles, and any other aquatic animals cultured within an aquatic farm. Private aquatic life is the property of the aquatic farmer.
89.58 FOREST PEST AND SHADE TREE PEST CONTROL ACCOUNT.
All money collected under the provisions of sections 89.51 to 89.64, together with such money as may be appropriated by the legislature or allocated by the Legislative Advisory Commission for the purposes of sections 89.51 to 89.64, and such money as may be contributed or paid by the federal government, or any other public or private agency, organization or individual, shall be deposited in the state treasury, to the credit of the forest pest and shade tree pest control account, which account is hereby created, and any moneys therein are appropriated to the commissioner for use in carrying out the purposes of sections 89.51 to 89.64.
17.491 AQUACULTURE IS AGRICULTURAL PURSUIT.
Aquaculture is an agricultural pursuit.
17.495 APPEAL PROCEDURES.
A state agency that denies a license or permit to an aquatic farmer shall provide the aquatic farmer with a written notice specifying the reasons for refusal.
An aquatic farmer may appeal a state agency's denial of the license or permit in a contested case proceeding under chapter 14.
17.494 AQUACULTURE PERMITS; RULES.
(a) The commissioner shall act as permit or license coordinator for aquatic farmers and shall assist aquatic farmers to obtain licenses or permits.
(b) A state agency issuing multiple permits or licenses for aquaculture shall consolidate the permits or licenses required for every aquatic farm location. The Department of Natural Resources transportation permits are exempt from this requirement. State agencies shall adopt rules or issue commissioner's orders that establish permit and license requirements, approval timelines, and compliance standards. Saltwater aquatic farms, as defined in section 17.4982, and processing facilities for saltwater aquatic life, as defined in section 17.4982, must be classified as agricultural operations for purposes of any construction, discharge, or other permit issued by the Pollution Control Agency.
Nothing in this section modifies any state agency's regulatory authority over aquaculture production.
89.59 COOPERATION.
The commissioner may cooperate with the United States or agencies thereof, other agencies of the state, county or municipal governments, agencies of neighboring states, or other public or private organizations or individuals and may accept such funds, equipment, supplies, or services from cooperators and others as the commissioner may provide in agreements with the United States or its agencies for matching of federal funds as required under laws of the United States relating to forest pests and shade tree pests.
17.497 EXOTIC SPECIES IMPORTATION; RULES.
The commissioner of natural resources shall establish rules, in consultation with the commissioner of agriculture and the Aquaculture Advisory Committee, for approving or rejecting importation of "exotic" or genetically altered aquatic species to protect the integrity of the natural ecosystem and provide aquatic farmers with information that may affect business decisions.
17.496 QUARANTINE FACILITY; RULES.
By July 1, 1992, the commissioner of natural resources shall adopt rules, in consultation with the commissioner of agriculture and the Aquaculture Advisory Committee, for the construction and operation of a quarantine facility for fish eggs presently requiring quarantine and disposition of fish from the facility. Fish in a quarantine station that are determined to be disease-free under the procedures developed by the commissioner of natural resources may be bought, sold, or transported.
89.60 COMMISSIONER'S AUTHORITY.
The commissioner is authorized to employ personnel in accordance with the laws of this state, to procure necessary equipment, supplies, and service, to enter into contracts, to provide funds to any agency of the United States for work or services under sections 89.51 to 89.64, and to designate or appoint, as the commissioner's representatives, employees of cooperators, including employees of the United States or any agency thereof. The commissioner may prescribe rules for carrying out the purposes of this section.
89.61 ACT SUPPLEMENTAL.
Provisions of sections 89.51 to 89.64 are supplementary to and not to be construed to repeal existing legislation.
17.498 RULES; FINANCIAL ASSURANCE.
(a) The commissioner of the Pollution Control Agency, after consultation and cooperation with the commissioners of agriculture and natural resources, shall present proposed rules to the Pollution Control Agency board prescribing water quality permit requirements for aquaculture facilities by May 1, 1992. The rules must consider:
(1) best available proven technology, best management practices, and water treatment practices that prevent and minimize degradation of waters of the state considering economic factors, availability, technical feasibility, effectiveness, and environmental impacts;
(2) classes, types, sizes, and categories of aquaculture facilities;
(3) temporary reversible impacts versus long-term impacts on water quality;
(4) effects on drinking water supplies that cause adverse human health concerns; and
(5) aquaculture therapeutics, which shall be regulated by the Pollution Control Agency.
(b) Net pen aquaculture and other aquaculture facilities with similar effects must submit an annual report to the commissioner of the Pollution Control Agency analyzing changes in water quality trends from previous years, documentation of best management practices, documentation of costs to restore the waters used for aquaculture to the trophic state existing before aquatic farming was initiated, and documentation of financial assurance in an amount adequate to pay for restoration costs. The trophic state, which is the productivity of the waters measured by total phosphorus, dissolved oxygen, algae abundance as chlorophyll-a, and secchi disk depth of light penetration, and the condition of the waters measured by raw drinking water parameters, shall be determined to the extent possible before aquatic farming is initiated. The financial assurance may be a trust fund, letter of credit, escrow account, surety bond, or other financial assurance payable to the commissioner for restoration of the waters if the permittee cannot or will not restore the waters after termination of aquatic farming operations or revocation of the permit.
(c) Information received as part of a permit application or as otherwise requested must be classified according to chapter 13. Information about processes, aquatic farming procedures, feed and therapeutic formulas and rates, and tests on aquatic farming products that have economic value is nonpublic data under chapter 13, if requested by the applicant or permittee.
17.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC FARMS.
(a) Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life is not wildlife. Aquatic farms must be licensed and given classifications to prevent or minimize impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to:
(1) prevent public aquatic life from entering an aquatic farm;
(2) prevent release of nonindigenous or exotic species into public waters without approval of the commissioner;
(3) protect against release of disease pathogens to public waters;
(4) protect existing natural aquatic habitats and the wildlife dependent on them; and
(5) protect private aquatic life from unauthorized taking or harvest.
(b) Private aquatic life that is legally acquired and possessed is an article of interstate commerce and may be restricted only as necessary to protect state fish and water resources.
(c) The commissioner of natural resources shall establish license and other fees as provided in section 16A.1285, subdivision 2, that would make aquaculture licensing and enforcement self-sustaining. Notwithstanding section 16A.1283, the commissioner may, by written order published in the State Register, establish the fees required by this section. The fees are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply. The commissioner shall develop best management practices for aquaculture to ensure the long-term sustainability of aquaculture and wetlands used for aquaculture, including, but not limited to, fish farming in man-made ponds.
17.4986 IMPORTATION OF AQUATIC LIFE.
A person may not import fish into or stock fish in the state without first obtaining a transportation permit with a disease certification, as prescribed under section 17.4985, subdivision 5, when required or a bill of lading from the commissioner, unless the person is exempted.
(a) The commissioner shall issue transportation permits to import:
(1) indigenous and naturalized species except trout, salmon, catfish, or species on the VHS-susceptible-species list and sperm from any source to a standard facility;
(2) trout, salmon, catfish, or species on the VHS-susceptible-species list from a nonemergency enzootic disease area to a containment facility if the fish are certified within the previous year to be free of certifiable diseases, except that eggs with enteric redmouth, whirling disease, or furunculosis may be imported following treatment approved by the commissioner, and fish with bacterial kidney disease or viral hemorrhagic septicemia may be imported into areas where the disease has been identified as being present; and
(3) trout, salmon, catfish, or species on the VHS-susceptible-species list from a facility in a nonemergency enzootic disease area with a disease-free history of three years or more to a standard facility, except that eggs with enteric redmouth, whirling disease, or furunculosis may be imported following treatment approved by the commissioner, and fish with bacterial kidney disease or viral hemorrhagic septicemia may be imported into areas where the disease has been identified as being present.
(b) If a source facility in a nonemergency enzootic disease area cannot demonstrate a history free from disease, aquatic life may only be imported into a quarantine facility.
Except as otherwise provided and except that eggs with enteric redmouth, whirling disease, or furunculosis may be imported following treatment approved by the commissioner, and fish with bacterial kidney disease may be imported into areas where the disease has been previously introduced, fish may be imported from emergency enzootic disease areas only as fertilized eggs under the following conditions:
(1) to be imported into a standard facility, fertilized eggs must have a disease-free history for at least five years;
(2) to be imported into a containment facility, fertilized eggs must have a disease-free history for at least three years; or
(3) to be imported into a quarantine facility, fertilized eggs may have a disease-free history of less than three years.
Disease-free histories required under this section must include the results of a fish health inspection. When disease-free histories of more than one year are required for importing salmonids, catfish, or species on the VHS-susceptible-species list, the disease history must be of consecutive years that include the year previous to, or the year of, the transportation request.
17.4987 STOCKING PRIVATE AQUATIC LIFE.
(a) A person may not release private aquatic life into public waters that are not licensed as part of an aquatic farm without first obtaining a transportation permit from the commissioner. The commissioner may:
(1) deny issuance of a permit if releasing the private aquatic life is not consistent with the management plan for the public waters; and
(2) approve the import, transport, and stocking of fish with bacterial kidney disease or viral hemorrhagic septicemia into areas or waters where either disease has been identified as being present.
(b) The commissioner shall make management plans available to the public.
(c) If a permit is denied, the commissioner must provide reasons for the denial in writing.
17.4988 LICENSE AND INSPECTION FEES.
A permit or license must be issued by the commissioner if the requirements of law are met and the license and permit fees specified in this section are paid.
(a) The annual fee for an aquatic farming license is $210 for the base license. The commissioner must establish an additional fee based on the acreage of the operation.
(b) The aquatic farming license may contain endorsements for the rights and privileges of the following licenses under the game and fish laws. The endorsement must be made upon payment of the license fee prescribed in section 97A.475 for the following licenses:
(1) minnow dealer license;
(2) minnow retailer license for sale of minnows as bait;
(3) minnow exporting license;
(4) aquatic farm vehicle endorsement, which includes a minnow dealer vehicle license, a minnow retailer vehicle license, an exporting minnow vehicle license, and a fish vendor license;
(5) sucker egg taking license; and
(6) game fish packers license.
Notwithstanding section 16A.1283, the commissioner may, by written order published in the State Register, establish fees for the services listed in clauses (1) to (3) and the additional fee required under subdivision 2, paragraph (a). The fees must be set in an amount that does not recover significantly more or less than the cost of providing the service. The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. The services covered under this provision include:
(1) initial inspection of each water to be licensed;
(2) fish health inspection and certification, including initial tissue sample collection, basic fish health assessment, viral pathogen testing, and bacteriological testing; and
(3) initial inspection for containment and quarantine facility inspections.
(a) A person operating a commercial aquarium facility must have a commercial aquarium facility license issued by the commissioner if the facility contains species of aquatic life that are for sale and that are present in waters of the state. The commissioner may require an aquarium facility license for aquarium facilities importing or holding species of aquatic life that are for sale and that are not present in Minnesota if those species can survive in waters of the state. The fee for an aquarium facility license is $90.
(b) Game fish and native rough fish transferred by an aquarium facility must be accompanied by a receipt containing the information required on a shipping document by section 17.4985, subdivision 3, paragraph (b).
17.4989 FISH SAMPLE COLLECTING.
Fish collector training may be offered by any organization or agency that has had its class and practicum syllabus approved by the commissioner. The class and practicum must include the following components:
(1) accurate identification of licensed water bodies listed according to section 17.4984 and ensuring that collection is taking place at the correct site;
(2) identification of fish internal organs;
(3) fish dissection and sample preparation as identified by the Department of Natural Resources based on specific testing requirements or as outlined in the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE);
(4) recording and reporting data;
(5) sample preparation and shipping;
(6) a field collection site test to demonstrate mastery of the necessary skills, overseen by a certified fish health inspector; and
(7) a certificate of successful completion signed by a certified fish health inspector on a form provided by the commissioner.
Fish collector certification is valid for five years and is not transferable. A person may renew certification only by successfully completing certification training. Certification shall be revoked if the certified person is convicted of violating any of the statutes or rules governing testing for aquatic species diseases. Certification may be suspended during an investigation associated with misconduct or violations of fish health testing and collection. The commissioner shall notify the person that certification is being revoked or suspended.
A fish collector may not oversee the collection of fish from a facility or a water body when the collector has a conflict of interest in connection with the outcome of the testing.