reglab/housing_qa huggingface dataset:
MN Stat § 18D.1052 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18D — Agricultural Chemical Liability|Section 18D.1052 — Land Application Of Agricultural Chemical Contaminated Soil And Other Media.

18D.1052 LAND APPLICATION OF AGRICULTURAL CHEMICAL CONTAMINATED SOIL AND OTHER MEDIA. Subdivision 1. Application of contaminated media. The commissioner may, upon request, provide a written authorization to a responsible party, owner of real property, or other person, for land application of contaminated media. A written land application request must be submitted to the commissioner, in a form prescribed by the commissioner, and approved by the commissioner prior to any land application. The commissioner may approve a land application request if the commissioner determines that the land application will not cause unreasonable adverse effects on the environment. An authorization for land application must prescribe appropriate application rates and other operational control practices to protect human health and the environment and must identify each site or sites where land application is authorized to be performed. Subd. 2. Exceptions. A land application specifically allowed under a state or federal permit, license, or other written approval by an authorized state or federal agency is exempt from this section. In the event of an emergency, or for small quantities of contaminated media, as determined by the commissioner, contaminated media may be land applied without prior written approval, providing that the land application is orally approved by the commissioner prior to the application. The commissioner shall confirm the oral approval in writing within three business days of an oral approval. History:   1995 c 95 s 6
MN Stat § 18D.111 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18D — Agricultural Chemical Liability|Section 18D.111 — Liability For Costs.

18D.111 LIABILITY FOR COSTS. Subdivision 1. Corrective action costs. (a) A responsible party is liable for the costs, including for a corrective action administrative cost incurred after the corrective action order has been issued, or for emergency corrective action, all costs. The commissioner may issue an order for recovery of the costs. (b) A responsible party is liable for the costs of any destruction to wildlife. Payments of costs for wildlife destruction shall be deposited in the game and fish fund of the state treasury. Subd. 2. Owner of real property. An owner of real property is not a responsible party for an incident on the owner's property unless that owner: (1) was engaged in manufacturing, formulating, transporting, storing, handling, applying, distributing, or disposing of an agricultural chemical on the property; (2) knowingly permitted any person to make regular use of the property for disposal of agricultural chemicals; or (3) violated this chapter in a way that contributed to the incident. Subd. 3. Liability for employees. A person licensed under chapter 18B or 18C is civilly liable for violations of this chapter, chapter 18B, or 18C by the person's employees and agents. Subd. 4. Avoidance of liability. (a) A responsible party may not avoid liability by means of a conveyance of a right, title, or interest in real property, or by an indemnification, hold harmless agreement, or similar agreement. (b) This subdivision does not: (1) prohibit a person who may be liable from entering an agreement by which the person is insured, held harmless, or indemnified for part or all of the liability; (2) prohibit the enforcement of an insurance, hold harmless, or indemnification agreement; or (3) bar a cause of action brought by a person who may be liable or by an insurer or guarantor, whether by right of subrogation or otherwise. Subd. 5. Defense. As a defense to a penalty or liability for damages, a person may prove that a 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 a combination of these defenses. History:   1989 c 326 art 7 s 5
MN Stat § 18D.115 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18D — Agricultural Chemical Liability|Section 18D.115 — Apportionment Of Liability And Contribution.

18D.115 APPORTIONMENT OF LIABILITY AND CONTRIBUTION. Subdivision 1. Right of apportionment. (a) A responsible party held liable under this chapter has the right to have the trier of fact apportion liability among the responsible parties as provided in this section. The burden is on each responsible party to show how that responsible party's liability should be apportioned. The trier of fact shall reduce the amount of damages in proportion to the amount of liability apportioned to the party recovering. (b) In apportioning the liability of a party under this section, the trier of fact shall consider the following: (1) the extent to which that responsible party contributed to the incident; (2) the amount of agricultural chemical involved; (3) the degree of toxicity of the agricultural chemical involved; (4) the degree of involvement of and care exercised by the responsible party in manufacturing, formulating, handling, storing, distributing, transporting, applying, and disposing of the agricultural chemical; (5) the degree of cooperation by the responsible party with federal, state, or local officials to prevent any harm to the public health or the environment; and (6) knowledge by the responsible party of the hazardous nature of the agricultural chemical. Subd. 2. Contribution. If a responsible party is held liable under this chapter and establishes a proportionate share of the aggregate liability, the provisions of section 604.02, subdivisions 1 and 2, shall apply with respect to contribution and reallocation of any uncollectible amounts, except that an administrative law judge may also perform the functions of a court identified in section 604.02, subdivision 2. History:   1989 c 326 art 7 s 6
MN Stat § 18D.301 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18D — Agricultural Chemical Liability|Section 18D.301 — Enforcement.

18D.301 ENFORCEMENT. Subdivision 1. Enforcement required. (a) The commissioner shall enforce this chapter and chapters 18B, 18C, and 18F. (b) Violations of chapter 18B, 18C, or 18F or rules adopted under chapter 18B, 18C, or 18F are a violation of this chapter. (c) Upon the request of the commissioner, county attorneys, sheriffs, and other officers having authority in the enforcement of the general criminal laws shall take action to the extent of their authority necessary or proper for the enforcement of this chapter or special orders, standards, stipulations, and agreements of the commissioner. Subd. 2. Commissioner's discretion. If minor violations of this chapter, chapter 18B, 18C, or 18F occur or when the commissioner believes the public interest will be best served by a suitable notice of warning in writing, this chapter does not require the commissioner to: (1) report the violation for prosecution; (2) institute seizure proceedings; or (3) issue a withdrawal from distribution or stop-sale order. Subd. 3. Civil actions. 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. Subd. 4. Injunction. The commissioner may apply to a court with jurisdiction for a temporary or permanent injunction to prevent, restrain, or enjoin violations of this chapter. Subd. 5. Criminal actions. 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. Subd. 6. Agent for service of process. All nonresident commercial and structural pest control applicator licensees licensed as individuals 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. History:  1989 c 326 art 7 s 8; 1991 c 250 s 21,22
MN Stat § 18D.302 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18D — Agricultural Chemical Liability|Section 18D.302 — False Statement Or Record.

18D.302 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, permit, or land application of contaminated soil or other media under this chapter or chapter 18B, 18C, or 18F or rules adopted under one of those chapters; (2) records or reports required under this chapter or chapter 18B, 18C, 18E, or 18F or rules adopted under one of those chapters; or (3) an investigation of a violation of this chapter or chapter 18B, 18C, 18E, or 18F or rules adopted under one of those chapters. History:   2002 c 373 s 9
MN Stat § 18D.311 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18D — Agricultural Chemical Liability|Section 18D.311 — Damages For Administrative Action Without Cause.

18D.311 DAMAGES FOR ADMINISTRATIVE ACTION WITHOUT CAUSE. If the commissioner did not have probable cause for an administrative action, including the issuance of a stop-sale, stop-use, or removal order, a court may allow recovery for damages caused by the administrative action. History:   1989 c 326 art 7 s 10
MN Stat § 18D.315 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18D — Agricultural Chemical Liability|Section 18D.315 — Administrative Penalties.

18D.315 ADMINISTRATIVE PENALTIES. Subdivision 1. Assessment. (a) In determining the amount of the administrative penalty, the commissioner shall consider the economic gain received by the person allowing or committing the violation, the gravity of the violation in terms of actual or potential damage to human health and the environment, and the violator's culpability, good faith, and history of violations. (b) The commissioner may assess an administrative penalty of up to $1,500 per day for a violation of a corrective action order or remedial action order. (c) An administrative penalty may be assessed if the person subject to a corrective action order or remedial action order does not comply with the order in the time provided in the order. The commissioner must state the amount of the administrative penalty in the corrective action order or remedial action order. Subd. 2. Collection of penalty. (a) If a person subject to an administrative penalty fails to pay the penalty, which must be part of a final order by the commissioner, by 30 days after the final order is issued, the commissioner may commence a civil action for double the assessed penalty plus attorney fees and costs. (b) An administrative penalty may be recovered in a civil action in the name of the state brought in the district court of the county where the violation is alleged to have occurred or the district court where the commissioner has an office. History:   1989 c 326 art 7 s 11
MN Stat § 18D.321 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18D — Agricultural Chemical Liability|Section 18D.321 — Appeal Of Commissioner's Orders.

18D.321 APPEAL OF COMMISSIONER'S ORDERS. Subdivision 1. Notice of appeal. (a) After service of an order, a person has 45 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. Subd. 2. Administrative review. If a person notifies the commissioner that the person intends to contest an order issued under this chapter, the state Office of Administrative Hearings shall conduct a hearing in accordance with the applicable provisions of chapter 14 for hearings in contested cases. For contested corrective action orders, the state Office of Administrative Hearings shall conduct an administrative hearing not later than 14 days after notification that a corrective action order is contested. Subd. 3. Judicial review. Judicial review of a final decision in a contested case is available as provided in chapter 14. History:  1989 c 326 art 7 s 12; 1990 c 597 s 8
MN Stat § 18D.323 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18D — Agricultural Chemical Liability|Section 18D.323 — Crediting Of Penalties, Fees, And Costs.

18D.323 CREDITING OF PENALTIES, FEES, AND COSTS. Except for money repaid to the agricultural chemical response and reimbursement account under section 18E.04, subdivision 6, penalties, cost reimbursements, fees, and other moneys collected under this chapter must be deposited into the state treasury and credited to the appropriate pesticide or fertilizer regulatory account. History:   1990 c 597 s 9
MN Stat § 18D.325 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18D — Agricultural Chemical Liability|Section 18D.325 — Civil Penalties.

18D.325 CIVIL PENALTIES. Subdivision 1. General penalty. Except as provided in subdivisions 2 and 3, a person who violates this chapter, chapter 18B, 18C, or 18F or a special 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. Subd. 2. Disposal that becomes hazardous waste. A person who violates a provision of this chapter, chapter 18B, 18C, or 18F or a special order, standard, stipulation, agreement, or schedule of compliance of the commissioner that relates to disposal of agricultural chemicals so that they become hazardous waste, is subject to the penalties in section 115.071. Subd. 3. Defense to civil remedies and damages. As a defense to a civil penalty or claim for damages under subdivisions 1 and 2, 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. Subd. 4. Actions to compel performance. 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. Subd. 5. Recovery of penalties by civil action. The civil penalties and payments provided for in this section may be recovered by a civil action brought by the county attorney or the attorney general in the name of the state. History:  1989 c 326 art 7 s 13; 1991 c 250 s 23,24
MN Stat § 18D.331 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18D — Agricultural Chemical Liability|Section 18D.331 — Criminal Penalties.

18D.331 CRIMINAL PENALTIES. Subdivision 1. General violation. Except as provided in subdivisions 2 and 3, a person is guilty of a misdemeanor if the person violates a provision of this chapter, chapter 18B, 18C, or 18F or a special order, standard, stipulation, agreement, or schedule of compliance of the commissioner. Subd. 2. Violation endangering humans. A person is guilty of a gross misdemeanor if the person violates a provision of this chapter, chapter 18B, 18C, or 18F or a special order, standard, stipulation, agreement, or schedule of compliance of the commissioner, and the violation endangers humans. Subd. 3. Violation with knowledge. A person is guilty of a gross misdemeanor if the person knowingly violates a provision of this chapter, chapter 18B, 18C, or 18F or a standard, special order, stipulation, agreement, or schedule of compliance of the commissioner. Subd. 4. Disposal that becomes hazardous waste. A person who knowingly disposes of an agricultural chemical in violation of this chapter, chapter 18B or 18C, or a standard, special order, stipulation agreement, or schedule of compliance of the commissioner and the agricultural chemical is hazardous waste is subject to the penalties in section 609.671, subdivision 4. Subd. 5.  [Repealed, 2005 c 136 art 7 s 22] History:  1989 c 326 art 7 s 14; 1991 c 250 s 25-27; 1991 c 347 art 3 s 1; 2000 c 477 s 21
MN Stat § 18D.40 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18D — Agricultural Chemical Liability|Section 18D.40 — Enhanced Penalties; Outdoor Recreation Lands.

18D.40 ENHANCED PENALTIES; OUTDOOR RECREATION LANDS. Notwithstanding limitations placed on administrative or civil penalty amounts under sections 18D.315 and 18D.325, a person who applies a pesticide resulting in damage to adjacent property that is part of the state outdoor recreation system may be subject to a monetary penalty equal to twice the amount that the commissioner would otherwise assess for a comparable violation. History:   1Sp2019 c 1 art 2 s 9
MN Stat § 18E.01 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18E — Agricultural Chemical Response And Reimbursement|Section 18E.01 — Citation.

18E.01 CITATION. This chapter may be cited as the "Agricultural Chemical Response and Reimbursement Law." History:   1989 c 326 art 8 s 1
MN Stat § 18E.035 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18E — Agricultural Chemical Response And Reimbursement|Section 18E.035 — Financial Security; Municipal Airports.

18E.035 FINANCIAL SECURITY; MUNICIPAL AIRPORTS. As a condition for the use of space or facilities for the storage, handling, or distribution of agricultural chemicals on the grounds of a municipal airport, a licensed aerial pesticide applicator shall hold the owner of the airport harmless for any expenses to cover necessary corrective actions caused by the applicator. History:   1999 c 231 s 43
MN Stat § 18E.05 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18E — Agricultural Chemical Response And Reimbursement|Section 18E.05 — Agricultural Chemical Response Compensation Board.

18E.05 AGRICULTURAL CHEMICAL RESPONSE COMPENSATION BOARD. Subdivision 1. Membership. (a) The Agricultural Chemical Response Compensation Board is created to consist of the commissioner of agriculture, the commissioner of commerce, and three private industry members consisting of: one representative of agricultural chemical manufacturers and wholesalers; one representative of farmers; and one representative of dealers who sell the agricultural chemicals at retail. The governor shall appoint the private industry members. Appointment, vacancies, removal, terms, and payment of compensation and expenses of members, but not expiration of the board itself, are governed by section 15.0575. (b) The commissioner of agriculture shall provide staff to support the activities of the board. (c) The board shall adopt rules regarding its practices and procedures, the application form and procedures for determining eligibility for and the amount of reimbursement, and procedures for investigation of claims. Subd. 2. Duties. The board shall: (1) accept applications for reimbursement from the account; (2) determine the eligibility of applicants for reimbursement; (3) determine the amount of reimbursement due each eligible applicant and the reimbursement payment schedule where applicable; and (4) order reimbursement and notify the commissioner of the eligible person, the amount of reimbursement due, and the payment schedule, if any. Subd. 3. Procedures. The board must receive a completed application at least 30 days before a board meeting in order for a request for reimbursement or payment to be considered at that meeting, unless the applicant and the commissioner agree to a longer time period. The board may waive the 30-day requirement if it determines that undue financial hardship to the applicant will result if action is delayed until the next regular meeting. The board must act upon a completed application request at the next regular board meeting, unless additional information is required from the applicant or the commissioner. If the board denies reimbursement or payment, its decision may be appealed in a contested case proceeding under chapter 14. History:  1989 c 326 art 8 s 5; 1991 c 355 s 5; 1996 c 305 art 2 s 3
MN Stat § 18E.06 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18E — Agricultural Chemical Response And Reimbursement|Section 18E.06 — Report.

18E.06 REPORT. By December 1 of each year, the Agricultural Chemical Response Compensation Board and the commissioner shall submit to the house of representatives Committee on Ways and Means, the senate Committee on Finance, the house of representatives and senate committees with jurisdiction over the environment, natural resources, and agriculture, and the Environmental Quality Board a report detailing the board's activities and reimbursements and the expenditures and activities associated with the commissioner's incident response program for which money from the account has been spent during the previous year. History:  1989 c 326 art 8 s 6; 1993 c 4 s 13; 1994 c 557 s 10; 1999 c 86 art 3 s 6; 2002 c 373 s 16; 2009 c 94 art 1 s 68
MN Stat § 18F.01 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18F — Genetically Engineered Organisms|Section 18F.01 — Purpose.

18F.01 PURPOSE. The purpose of sections 18F.01 to 18F.13 is to establish permits for the release of certain genetically engineered agriculturally related organisms to protect humans and the environment from the potential for significant adverse effects of those releases. History:  1991 c 250 s 1; 1994 c 454 s 1
MN Stat § 18F.02 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18F — Genetically Engineered Organisms|Section 18F.02 — Definitions.

18F.02 DEFINITIONS. Subdivision 1. Scope. As used in sections 18F.01 to 18F.13, the terms defined in this section have the meanings given them. Subd. 2. Agency. "Agency" means the Department of Agriculture. Subd. 2a. Agriculturally related organism. "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. Subd. 3. Commissioner. "Commissioner" means the commissioner of agriculture or an agent authorized by the commissioner. Subd. 4. Genetic engineering. "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. Subd. 5. Genetically engineered organism. "Genetically engineered organism" means an organism that has been modified directly or indirectly using genetic engineering. Subd. 6. Organism. "Organism" means an animal, plant, bacterium, cyanobacterium, fungus, protist, or virus. Subd. 7.  [Repealed, 1994 c 454 s 14] Subd. 8. Release. "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. Subd. 9. Unreasonable adverse effects on the environment. "Unreasonable adverse effects on the environment" means an unreasonable risk to humans or the environment, taking into account the environmental costs and benefits of the use of a genetically engineered organism. History:  1991 c 250 s 2; 1994 c 454 s 2-4; 2004 c 228 art 1 s 12