MN Stat § 18H.07 (2021)
2021 Minnesota Statutes|Chapters 17 - 43 — Agriculture|Chapter 18H — Nursery Law|Section 18H.07 — Fee Schedule.

18H.07 FEE SCHEDULE. Subdivision 1. Establishment of fees. The commissioner shall establish fees sufficient to allow for the administration and enforcement of this chapter and rules adopted under this chapter, including the portion of general support costs and statewide indirect costs of the agency attributable to that function, with a reserve sufficient for up to six months. The commissioner shall review the fee schedule annually in consultation with the Minnesota Nursery and Landscape Advisory Committee. For the certificate year beginning January 1, 2006, the fees are as described in this section. Subd. 2. Nursery stock grower certificate. (a) A nursery stock grower must pay an annual fee based on the area of all acreage on which nursery stock is grown as follows: (1) less than one-half acre, $150; (2) from one-half acre to two acres, $200; (3) over two acres up to five acres, $300; (4) over five acres up to ten acres, $350; (5) over ten acres up to 20 acres, $500; (6) over 20 acres up to 40 acres, $650; (7) over 40 acres up to 50 acres, $800; (8) over 50 acres up to 200 acres, $1,100; (9) over 200 acres up to 500 acres, $1,500; and (10) over 500 acres, $1,500 plus $2 for each additional acre. (b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due must be charged for each month, or portion thereof, that the fee is delinquent up to a maximum of 30 percent for any application for renewal not postmarked or electronically date stamped by December 31 of the current year. (c) A nursery stock grower found operating without a valid nursery stock grower certificate cannot offer for sale or sell nursery stock until: (1) payment is received by the commissioner for (i) the certificate fee due, and (ii) a penalty equal to the certificate fee owed; and (2) a new certificate is issued to the nursery stock grower by the commissioner. Subd. 3. Nursery stock dealer certificate. (a) A nursery stock dealer must pay an annual fee based on the dealer's gross sales of certified nursery stock per location during the most recent certificate year. A certificate applicant operating for the first time must pay the minimum fee. The fees per sales location are: (1) gross sales up to $5,000, $150; (2) gross sales over $5,000 up to $20,000, $175; (3) gross sales over $20,000 up to $50,000, $300; (4) gross sales over $50,000 up to $75,000, $425; (5) gross sales over $75,000 up to $100,000, $550; (6) gross sales over $100,000 up to $200,000, $675; and (7) gross sales over $200,000, $800. (b) In addition to the fees in paragraph (a), a penalty of ten percent of the fee due must be charged for each month, or portion thereof, that the fee is delinquent up to a maximum of 30 percent for any application for renewal not postmarked or electronically date stamped by December 31 of the current year. (c) A nursery stock dealer found operating without a valid nursery stock dealer certificate cannot offer for sale or sell nursery stock until: (1) payment is received by the commissioner for (i) the certificate fee due, and (ii) a penalty equal to the certificate fee owed; and (2) a new certificate is issued to the nursery stock dealer by the commissioner. Subd. 4. Reinspection; additional or optional inspection fees. If a reinspection is required or an additional inspection is needed or requested a fee must be assessed based on mileage and inspection time as follows: (1) mileage must be charged at the current United States Internal Revenue Service reimbursement rate; and (2) inspection time must be charged at a rate sufficient to recover all inspection costs, including the driving time to and from the location in addition to the time spent conducting the inspection. History:  2003 c 128 art 5 s 6; 1Sp2005 c 1 art 1 s 49-51; 2009 c 94 art 1 s 73,74; 1Sp2015 c 4 art 2 s 19; 2017 c 88 art 2 s 24,25