reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.9893 — Certification Instrument.

17.9893 CERTIFICATION INSTRUMENT.
The commissioner, in consultation with the Minnesota Agricultural Water Quality Certification Program Advisory Committee, commissioner of natural resources, commissioner of the Pollution Control Agency, and Board of Water and Soil Resources, shall develop an analytical instrument to assess the water quality practices and management of agricultural operations. This instrument shall be used to certify that the water quality practices and management of an agricultural operation are consistent with state water quality goals and standards. The commissioner shall define a satisfactory score for certification purposes. The certification instrument tool shall:
(1) integrate applicable existing regulatory requirements;
(2) utilize technology and prioritize ease of use;
(3) utilize a water quality index or score applicable to the landscape;
(4) incorporate a process for updates and revisions as practices, management, and technology changes become established and approved; and
(5) comprehensively address water quality impacts.
History:
2013 c 114 art 2 s 7
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.9894 — Certifying Agent License.

17.9894 CERTIFYING AGENT LICENSE.
Subdivision 1.
License.
A person who offers certification services to producers as part of the program must satisfy all criteria in subdivision 2 and be licensed by the commissioner. A certifying agent is ineligible to provide certification services to any producer to whom the certifying agent has also provided technical assistance. Notwithstanding section 16A.1283, the commissioner may set license fees.
Subd. 2.
Certifying agent requirements.
In order to be licensed as a certifying agent, a person must:
(1) be an agricultural conservation professional employed by a soil and water conservation district or the Natural Resources Conservation Service, a Minnesota certified crop advisor recognized by the American Society of Agronomy, or an individual with agricultural conservation experience approved by the commissioner. The commissioner may establish eligibility criteria by rule;
(2) have passed a comprehensive exam, as set by the commissioner, evaluating knowledge of water quality, soil health, best farm management techniques, and the certification instrument; and
(3) maintain continuing education requirements as set by the commissioner.
History:
2013 c 114 art 2 s 8
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.9895 — Duties Of A Certifying Agent.

17.9895 DUTIES OF A CERTIFYING AGENT.
Subdivision 1.
Duties.
A certifying agent shall conduct a formal certification assessment utilizing the certification instrument to determine whether a producer meets program criteria. If a producer satisfies all requirements, the certifying agent shall notify the commissioner of the producer's eligibility and request that the commissioner issue a certificate. All records and documents used in the assessment shall be compiled by the certifying agent and submitted to the commissioner.
Subd. 2.
Violations.
(a) In the event a certifying agent violates any provision of sections 17.9891 to 17.993 or an order of the commissioner, the commissioner may issue a written warning or a correction order and may suspend or revoke a license.
(b) If the commissioner suspends or revokes a license, the certifying agent has ten days from the date of suspension or revocation to appeal. If a certifying agent appeals, the commissioner shall hold an administrative hearing within 30 days of the suspension or revocation of the license, or longer by agreement of the parties, to determine whether the license is revoked or suspended. The commissioner shall issue an opinion within 30 days. If a person notifies the commissioner that the person intends to contest the commissioner's opinion, the Office of Administrative Hearings shall conduct a hearing in accordance with the applicable provisions of chapter 14 for hearings in contested cases.
History:
2013 c 114 art 2 s 9
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.9896 — Certification Procedures.

17.9896 CERTIFICATION PROCEDURES.
Subdivision 1.
Producer duties.
A producer who seeks certification of eligible land shall conduct an initial assessment using the certification instrument, obtain technical assistance if necessary to achieve a satisfactory score on the certification instrument, and apply for certification from a licensed certifying agent.
Subd. 2.
Owned land.
Once certified, if a producer obtains ownership of additional agricultural land, the producer must notify a certifying agent and obtain certification of the additional land within one year in order to retain the producer's original certification.
Subd. 3.
Leased land.
Once certified, if a producer leases additional land, then the producer must notify a certifying agent before farming operations commence on the newly leased land. A producer who operates leased land is not required to implement practices that permanently alter the landscape in order to be certified or remain certified if the land is added following the original certification. A producer who operates leased land must demonstrate sufficient annual crop management practices, consistent with the original certification agreement, in order to remain certified.
Subd. 4.
Violations.
(a) The commissioner may revoke a certification if the producer violates subdivision 2 or 3.
(b) The commissioner may revoke a certification and seek reimbursement of any monetary benefit a producer may have received due to certification from a producer who fails to maintain certification criteria.
(c) If the commissioner revokes a certification, the producer has 30 days from the date of suspension or revocation to appeal. If a producer appeals, the commissioner shall hold an administrative hearing within 30 days of the suspension or revocation of the certification, or longer by agreement of the parties, to determine whether the certification is revoked or suspended. The commissioner shall issue an opinion within 30 days. If the producer notifies the commissioner that the producer intends to contest the commissioner's opinion, the Office of Administrative Hearings shall conduct a hearing in accordance with the applicable provisions of chapter 14 for hearings in contested cases.
History:
2013 c 114 art 2 s 10
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.9897 — Certification Certainty.

17.9897 CERTIFICATION CERTAINTY.
(a) Once a producer is certified, the producer:
(1) retains certification for up to ten years from the date of certification if the producer complies with the certification agreement, even if the producer does not comply with new state water protection laws or rules that take effect during the certification period;
(2) is presumed to be meeting the producer's contribution to any targeted reduction of pollutants during the certification period;
(3) is required to continue implementation of practices that maintain the producer's certification; and
(4) is required to retain all records pertaining to certification.
(b) Paragraph (a) does not preclude enforcement of a local rule or ordinance by a local unit of government.
History:
2013 c 114 art 2 s 11
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.9898 — Audits.

17.9898 AUDITS.
The commissioner shall perform random audits of producers and certifying agents to ensure compliance with the program. All producers and certifying agents shall cooperate with the commissioner during these audits, and provide all relevant documents to the commissioner for inspection and copying. Any delay, obstruction, or refusal to cooperate with the commissioner's audit or falsification of or failure to provide required data or information is a violation subject to the provisions of section 17.9895, subdivision 2, or 17.9896, subdivision 4.
History:
2013 c 114 art 2 s 12
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.9899 — Data.

17.9899 DATA.
All data collected under the program that identifies a producer or a producer's location are considered nonpublic data as defined in section 13.02, subdivision 9, or private data on individuals as defined in section 13.02, subdivision 12. The commissioner shall make available summary data of program outcomes on data classified as private or nonpublic under this section.
History:
2013 c 114 art 2 s 13
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.992 — Reports.

17.992 REPORTS.
The commissioner, in consultation with the Minnesota Agricultural Water Quality Certification Program Advisory Committee, commissioner of natural resources, commissioner of the Pollution Control Agency, and Board of Water and Soil Resources, shall issue a biennial report to the chairs and ranking minority members of the legislative committees with jurisdiction over agricultural policy on the status of the program.
History:
2013 c 114 art 2 s 15
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.993 — Financial Assistance.

17.993 FINANCIAL ASSISTANCE.
The commissioner may use contributions from gifts or other state accounts, provided that the purpose of the expenditure is consistent with the purpose of the accounts, for grants, loans, or other financial assistance.
History:
2013 c 114 art 2 s 16
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17A — Livestock Market Agency And Dealer Licensing › Section 17A.02 — Purpose.

17A.02 PURPOSE.
This chapter establishes jurisdiction and authority with the commissioner of agriculture over livestock marketing by requiring financial responsibility and fair trade practices for the benefit and protection of farmers, livestock producers, marketing agencies, dealers, any business entity engaged in the marketing process, and the public.
History:
1974 c 347 s 2; 1981 c 54 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17A — Livestock Market Agency And Dealer Licensing › Section 17A.036 — Custodial Account For Shippers Proceeds.

17A.036 CUSTODIAL ACCOUNT FOR SHIPPERS PROCEEDS.
Every market agency engaged in selling livestock on a commission or agency basis in this state shall establish and maintain a separate bank account designated as "custodial account for shippers proceeds."
History:
1990 c 530 s 19
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17A — Livestock Market Agency And Dealer Licensing › Section 17A.05 — Amount Of Bonds.

17A.05 AMOUNT OF BONDS.
Subdivision 1.
Livestock market agencies.
The amount of each livestock market agency bond filed with the commissioner shall be not less than $10,000 or such larger amount as required, based on the commissioner's consideration of the principal's financial statement, the volume of business reported, or any other factor the commissioner deems pertinent for the protection of the public. Each such bond shall be executed on a Packers and Stockyards Act form and shall contain the condition clause applicable when the principal sells on commission. A bond equivalent executed in accordance with the Packers and Stockyards Act, 1921, as amended, (United States Code, title 7, section 181 et seq.) is acceptable.
Subd. 2.
Livestock dealers.
The amount of each livestock dealer bond filed with the commissioner shall be not less than $10,000 or such larger amount as required, based on the commissioner's consideration of the principal's financial statement, the volume of business reported, or any other factor the commissioner deems pertinent for the protection of the public. Each such bond shall contain the condition clause applicable when the principal buys on commission or as a dealer. A livestock dealer's bond shall be executed on a form furnished by the commissioner or in accordance with the Packers and Stockyards Act, 1921, as amended (United States Code, title 7, section 181 et seq.).
When a bond is executed on a state form furnished by the commissioner, the bond shall be for the protection of both the buyer and the seller named in the transaction when the principal fails to pay when due for livestock purchased or sold for the principal's own account or the account of others and shall be limited to the protection of claimants whose residence or principal place of livestock business is in the state of Minnesota at the time of the transaction. If the bond is filed on a form in accordance with the Packers and Stockyards Act, the bond shall cover claimants regardless of place of residence.
History:
1974 c 347 s 5; 1977 c 299 s 5; 1984 c 654 art 3 s 23; 1986 c 444; 2000 c 477 s 4
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17A — Livestock Market Agency And Dealer Licensing › Section 17A.06 — Claims Against Bonds.

17A.06 CLAIMS AGAINST BONDS.
Subdivision 1.
Filing of claims.
Any person claiming to be damaged by any breach of the conditions of a bond given by a licensee may enter complaint thereof to the commissioner, which complaint shall be a written statement of the facts constituting the complaint, accompanied by documentary proof of the claim against the licensee.
Subd. 2.
Hearing on claims.
In case of default by the licensee, the commissioner shall have the power to have the matter heard as a contested case pursuant to procedures outlined in chapter 14. No hearing shall be required if all affected parties to a bond claim proceeding waive their right to a hearing and agree to accept the commissioner's determination as to the validity of the claim and the allocation of the proceeds of the bond.
Subd. 3.
Public notice.
Prior to a hearing, the commissioner shall publish a notice setting forth the default of the licensee and requiring all claimants to file proof of claim with the commissioner within 45 days of the date such notice is published or be barred from participating in the proceeds of the bond. Such publication shall be made in a newspaper published in the county in which the licensee's principal place of business is located. The commissioner shall also fulfill any notice requirements prescribed by chapter 14 and rules of the Office of Administrative Hearings. No claim shall be allowed unless it is filed with the commissioner within one year of the date of the transaction. If a livestock market agency or livestock dealer has on file a Packers and Stockyards Act bond and is registered with the Packers and Stockyards Administration, the terms of the bond or that federal agency's regulations will control.
History:
1974 c 347 s 6; 1977 c 299 s 7; 1977 c 346 s 2,3; 1982 c 424 s 130; 1983 c 216 art 1 s 8; 1984 c 654 art 3 s 24; 1986 c 444
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17A — Livestock Market Agency And Dealer Licensing › Section 17A.07 — Prohibited Conduct.

17A.07 PROHIBITED CONDUCT.
It shall be unlawful for any person to (1) carry on the business of a livestock market agency, livestock dealer, or public stockyard without a valid and effective license issued by the commissioner under the provisions of section 17A.04; (2) carry on the business of a livestock market agency or livestock dealer without filing and maintaining a valid and effective surety bond in conformity with sections 17A.04 and 17A.05; (3) carry on the business of a livestock market agency or livestock dealer if the person cannot pay debts as they become due or ceases to pay debts in the ordinary course of business as they become due; (4) use or allow to be used any livestock scale or monorail scale which has not been certified and approved for official use or has been found to be inaccurate; (5) fail to maintain and operate livestock or monorail scales in a manner to ensure accurate and correct weights; (6) weigh livestock or carcasses at other than true and correct weights or issue accounts and records on the basis of inaccurate or incorrect weights; (7) engage in or use any unfair or deceptive practice or device in connection with marketing of livestock; (8) willfully make or cause to be made any false entry or statement of fact in any application, financial statement or report filed with the department under this chapter.
History:
1974 c 347 s 7; 1984 c 654 art 3 s 25; 1986 c 444
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17A — Livestock Market Agency And Dealer Licensing › Section 17A.08 — Record Keeping.

17A.08 RECORD KEEPING.
Every person shall make and retain such accounts, records, and memoranda necessary to fully and correctly disclose all transactions involved in the person's business, including the true ownership of such business by stockholding or otherwise. Whenever the commissioner finds that the accounts, records, and memoranda of any such person do not fully and correctly disclose all transactions involved in the person's business, the commissioner may prescribe the manner or form and length of time for retention which such accounts, records, and memoranda shall be kept. The commissioner shall at all reasonable times have access to, for the purpose of examination, and the right to copy any documentary evidence of any person being investigated or proceeded against.
History:
1974 c 347 s 8; 1986 c 444
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17A — Livestock Market Agency And Dealer Licensing › Section 17A.09 — Feeder Pig Markets.

17A.09 FEEDER PIG MARKETS.
The commissioner may, by rules promulgated in accordance with sections 14.05 to 14.28, establish requirements for record making and retention, of livestock purchases and sales by operators of feeder pig markets, as the commissioner deems necessary to protect the public.
History:
1974 c 347 s 9; 1982 c 424 s 130; 1985 c 248 s 70; 1986 c 444; 1995 c 233 art 2 s 56
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17A — Livestock Market Agency And Dealer Licensing › Section 17A.11 — Fees For Livestock Weighing.

17A.11 FEES FOR LIVESTOCK WEIGHING.
The commissioner shall prescribe the fee necessary to cover the cost of state weighing, to be assessed and collected from the seller in the manner the commissioner may prescribe. The fee assessed must be the same, and the manner of collection of the fee must be uniform at all facilities. At any location where state weighing is performed in accordance with this chapter and the total annual fees collected are insufficient to pay the cost of the weighing, the annual deficit shall be assessed and collected in the manner the commissioner may prescribe. Additional money arising from the weighing of animals by the commissioner, which has been collected and retained by any person, shall be paid on demand to the commissioner. All money collected by the commissioner shall be deposited in the agricultural fund and credited to the livestock weighing account. Money in the account is appropriated to the commissioner to carry out the duties of section 17A.10 and for activities and duties required under chapter 31B.
History:
1974 c 347 s 11; 1977 c 299 s 9; 1984 c 654 art 3 s 27; 1985 c 241 s 1; 1Sp1985 c 10 s 45; 1993 c 172 s 22; 1999 c 231 s 36
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17A — Livestock Market Agency And Dealer Licensing › Section 17A.12 — Weighmaster Qualifications.

17A.12 WEIGHMASTER QUALIFICATIONS.
No state livestock weighmaster shall, during the weighmaster's term of service, be in any manner financially interested in the handling, shipping, purchase, or sale of livestock or in the employment of any person engaged therein.
History:
1974 c 347 s 12; 1984 c 654 art 3 s 28
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17A — Livestock Market Agency And Dealer Licensing › Section 17A.13 — Gross Misdemeanors.

17A.13 GROSS MISDEMEANORS.
Any weigher who shall knowingly or carelessly weigh any livestock improperly, or give any false certificate of weight, or accept money or other consideration directly or indirectly for any neglect or improper performance of duty, or who shall be guilty of any neglect of duty, and any person who shall improperly influence or attempt to influence any such weigher in the performance of a duty by preventing proper access to the scales used in the weighing of livestock, or otherwise, is guilty of a gross misdemeanor.
History:
1974 c 347 s 13; 1986 c 444
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17A — Livestock Market Agency And Dealer Licensing › Section 17A.14 — Penalties.

17A.14 PENALTIES.
Subdivision 1.
Criminal penalties.
Any person, duly licensed or otherwise, who violates this chapter, for which violation a penalty has not been specifically set out, is guilty of a misdemeanor. Any subsequent violation is a gross misdemeanor.
Subd. 2.
Civil penalties.
(a) The commissioner, as an alternate to misdemeanor prosecution, may impose a civil penalty on a person who violates a statute or rule enforceable by the commissioner. For a first violation, the commissioner may impose a civil penalty of not more than $500 for each violation. For a second or succeeding violation, the commissioner may impose a penalty of not more than $1,000 for each violation.
(b) In determining the amount of the civil penalty, the commissioner may consider:
(1) the willfulness of the violation;
(2) the gravity of the violation;
(3) the person's history of past violations;
(4) the number of violations;
(5) the economic benefit from the violations; and
(6) other factors identified in the commissioner's citation.
(c) For a second or succeeding violation, the commissioner shall determine the amount of a penalty by considering the factors in paragraph (b) and:
(1) similarity between the violations;
(2) time elapsed since the last violation; and
(3) the person's response to the most recent violation.
History:
1974 c 347 s 14; 1981 c 54 s 3; 1991 c 288 s 6
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17A — Livestock Market Agency And Dealer Licensing › Section 17A.15 — Powers And Duties Of Commissioner.

17A.15 POWERS AND DUTIES OF COMMISSIONER.
The commissioner shall enforce the provisions of Laws 1974, chapter 347 and shall promulgate, in the manner provided by law, such rules as the commissioner deems necessary or desirable, and may cooperate with any department of state or government, to carry out the provisions of sections 17A.01 to 17A.15. The commissioner or a duly authorized agent shall have the power to issue subpoenas, administer oaths and affirmations, examine witnesses, receive evidence, and shall have the power to require by subpoena the attendance and testimony of witnesses and the production of all such documentary evidence relating to any matter under investigation or administrative proceeding.
History:
1974 c 347 s 15; 1985 c 248 s 70; 1986 c 444
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17A — Livestock Market Agency And Dealer Licensing › Section 17A.151 — Duty To Prosecute.

17A.151 DUTY TO PROSECUTE.
It is the duty of each county attorney or city attorney to whom the commissioner reports a violation of this chapter to cause appropriate proceedings to be instituted in the proper courts without delay and to be prosecuted in the manner required by law. Before a violation of this chapter is reported to a county attorney or city attorney for the institution of a criminal proceeding, the person against whom the proceeding is contemplated must be given appropriate notice and an opportunity to present views before the commissioner or the commissioner's designated agent, either orally or in writing, in person, or by attorney, with regard to the contemplated proceeding.
History:
1991 c 288 s 8
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17A — Livestock Market Agency And Dealer Licensing › Section 17A.16 — Injunctive Remedy.

17A.16 INJUNCTIVE REMEDY.
The operation of a livestock market agency or the buying or selling of livestock as a dealer by a person not licensed and bonded as required by this chapter may be enjoined by the district court on petition from the commissioner upon a showing that a person is engaged in the business of a livestock market agency or livestock dealer as defined in section 17A.03 without the license and bond required by this chapter. The court shall enjoin the person from further activities as a livestock market agency or livestock dealer until the license and bond have been properly obtained. It is not necessary to show that any individual has been injured by the actions complained of in order to obtain the issuance of the injunction. The injunctive relief provided by this section is an additional remedy to the criminal penalties provided in this chapter.
History:
1981 c 54 s 4
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17A — Livestock Market Agency And Dealer Licensing › Section 17A.17 — Audit By Department.

17A.17 AUDIT BY DEPARTMENT.
The department may audit records, including incoming purchase records of a livestock packer and shipping weights or transfer of weight invoices, in order to ensure there are no weight discrepancies in hot weight or grade and yield transactions.
History:
1984 c 654 art 3 s 29
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18 — Noxious Weed Law › Section 18.75 — Purpose.

18.75 PURPOSE.
It is the policy of the legislature that residents of the state be protected from the injurious effects of noxious weeds on public health, the environment, public roads, crops, livestock, and other property. Sections 18.76 to 18.91 contain procedures for controlling and eradicating noxious weeds on all lands within the state.
History:
1992 c 500 s 1; 2009 c 94 art 1 s 14
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18 — Noxious Weed Law › Section 18.76 — Citation.

18.76 CITATION.
Sections 18.76 to 18.91 may be cited as the "Minnesota Noxious Weed Law."
History:
1992 c 500 s 2; 2009 c 94 art 1 s 15
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18 — Noxious Weed Law › Section 18.80 — Inspectors.

18.80 INSPECTORS.
Subdivision 1.
County agricultural inspectors and county-designated employees.
The county board shall either appoint at least one county agricultural inspector to carry out the duties specified under section 18.81, subdivisions 1a and 1b, or a county-designated employee to carry out the duties specified under section 18.81, subdivision 1a. A notice of the appointment of either a county agricultural inspector or county-designated employee must be delivered to the commissioner within 30 days.
Subd. 2.
Local weed inspectors.
The supervisors of each town board and the mayor of each city shall act as local weed inspectors within their respective municipalities.
Subd. 3.
Assistant weed inspectors.
A municipality may appoint one or more assistants to act on behalf of the appointing authority as a weed inspector for the municipality. The appointed assistant or assistants have the power, authority, and responsibility of the town board members or the city mayor in the capacity of weed inspector.
History:
1992 c 500 s 6; 2009 c 94 art 1 s 28
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18 — Noxious Weed Law › Section 18.82 — Transportation Of Noxious Weed Propagating Parts.

18.82 TRANSPORTATION OF NOXIOUS WEED PROPAGATING PARTS.
Subdivision 1.
Permits.
Transporting noxious weed propagating parts without a permit is prohibited, except as provided in section 21.74. If a person wants to transport noxious weed propagating parts along a public roadway, including materials or equipment containing the propagating parts of noxious weeds, the person must secure a written permit for transportation from an inspector or county-designated employee. Inspectors or county-designated employees may issue permits to persons residing or operating within their jurisdiction. A permit is not required for the transport of noxious weeds for the purpose of destroying propagating parts at an appropriate disposal site. Anyone transporting noxious weed propagating parts for the purpose of disposal at an appropriate disposal site shall ensure that all materials are contained in a manner that prevents escape during transport and complies with section 115A.931. A person must obtain a permit before possessing noxious weeds with propagating parts for research, education and outreach, or other reasons approved by the commissioner.
Subd. 2.
Conditions of permit issuance.
The following conditions must be met before a permit under subdivision 1 may be issued:
(1) any material or equipment containing noxious weed propagating parts that is about to be transported along a public roadway must be in a container that is sufficiently tight and closed or otherwise covered to prevent the blowing or scattering of the material along the highway or on other lands or water;
(2) the destination for unloading and the use of the material or equipment containing noxious weed propagating parts must be stated on the permit along with the method that will be used to destroy the viability of the propagating parts and thereby prevent the material being dumped or scattered upon land or water; and
(3) the applicant for a permit for possession of noxious weed propagating parts must agree to follow the guidelines listed on the permit by the inspector.
Subd. 3.
Duration of permit; revocation.
A permit under subdivision 1 is valid for up to one year after the date it is issued unless otherwise specified by the inspector or county-designated employee issuing the permit. The permit may be revoked if an inspector or county-designated employee determines that the applicant has not complied with this section.
History:
1992 c 500 s 8; 2009 c 94 art 1 s 32,33; 2013 c 114 art 2 s 25; 2020 c 89 art 3 s 15
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18 — Noxious Weed Law › Section 18.84 — Liability; Appeals.

18.84 LIABILITY; APPEALS.
Subdivision 1.
Counties and municipalities.
Counties and municipalities are not liable for damages from the noxious weed control program for actions conducted in accordance with sections 18.76 to 18.91.
Subd. 2.
Appeal of charges to county board.
A person who is ordered to control noxious weeds under sections 18.76 to 18.91 and is charged for noxious weed control may appeal the cost of noxious weed control to the county board of the county where the noxious weed control measures were undertaken within 30 days after being charged. The county board shall determine the amount and approve the charge and filing of a lien against the property if it determines that the owner, or occupant if other than the owner, responsible for controlling noxious weeds did not comply with the order of the inspector or county-designated employee.
Subd. 3.
Appeal of costs to district court; petition.
(a) A person who is ordered to control noxious weeds under sections 18.76 to 18.91 and is charged for the cost of noxious weed control may petition for judicial review of the charges. The petition must be filed within 30 days after being charged. The petition must be filed with the court administrator in the county in which the land where the noxious weed control measures were undertaken is located, together with proof of service of a copy of the petition on the county auditor. No responsive pleadings may be required of the county, and no court fees may be charged for the appearance of the county in this matter.
(b) The petition must be captioned in the name of the person making the petition as petitioner and respective county as respondents. The petition must include the petitioner's name, the legal description of the land involved, a copy of the notice to control noxious weeds, and the date or dates on which appealed control measures were undertaken.
(c) The petition must state with specificity the grounds upon which the petitioner seeks to avoid the imposition of a lien for the cost of noxious weed control measures.
Subd. 4.
Hearing.
(a) A hearing under subdivisions 3 to 5 must be held at the earliest practicable date, and in no event later than 90 days following the filing of the petition of objection. The hearing must be before a district judge in the county in which the land where the noxious weed control measures were undertaken is located, and must be conducted in accordance with the District Court Rules of Civil Procedure.
(b) The court shall either order that a lien representing part or all of the costs for noxious weed control measures be imposed against the land or that the landowner be relieved of responsibility for payment of noxious weed control measures undertaken.
Subd. 5.
Further appeal.
A party aggrieved by the decision of the reviewing court may appeal the decision as provided in the Rules of Appellate Procedure.
History:
1992 c 500 s 10; 2003 c 128 art 3 s 23; 2009 c 94 art 1 s 35-37
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18 — Noxious Weed Law › Section 18.86 — Unlawful Acts.

18.86 UNLAWFUL ACTS.
No person may:
(1) hinder or obstruct in any way an inspector or county-designated employee in the performance of duties under sections 18.76 to 18.91 or related rules;
(2) neglect, fail, or refuse to comply with section 18.82 or related rules in the transportation and use of material or equipment infested with noxious weed propagating parts;
(3) sell material containing noxious weed propagating parts to a person who does not have a permit to transport that material or to a person who does not have a screenings permit issued in accordance with section 21.74; or
(4) neglect, fail, or refuse to comply with a general notice or an individual notice to control or eradicate noxious weeds.
History:
1992 c 500 s 12; 2003 c 128 art 3 s 24; 2009 c 94 art 1 s 38
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18 — Noxious Weed Law › Section 18.87 — Penalty.

18.87 PENALTY.
A violation of section 18.86 or a rule adopted under that section is a misdemeanor. Inspectors, county-designated employees, or their appointed assistants are not subject to the penalties of this section for failure, neglect, or refusal to perform duties imposed on them by sections 18.76 to 18.91.
History:
1992 c 500 s 13; 2009 c 94 art 1 s 39
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18 — Noxious Weed Law › Section 18.88 — Noxious Weed Program Funding.

18.88 NOXIOUS WEED PROGRAM FUNDING.
Subdivision 1.
County.
The county board shall pay, from the general revenue or other fund for the county, the expenses for the county agricultural inspector position or county-designated employee, for noxious weed control or eradication on all land owned by the county or on land for which the county is responsible for its maintenance and for the expenses of the appeal committee. Use of funding from grants and other sources for the administration and enforcement of the Minnesota Noxious Weed Law must be approved by the county board.
Subd. 2.
Municipality.
The municipality shall pay, from the general revenue or other fund for the municipality, the necessary expenses of the local weed inspector in the performance of duties required for noxious weed control or eradication on land owned by the municipality or on land for which the municipality is responsible for its maintenance. Use of funding from grants and other sources for the administration and enforcement of the Minnesota Noxious Weed Law must be approved by the town board or city mayor.
Subd. 3.
Funding.
Funding in the form of grants or cost sharing may be provided to the counties for the performance of their activities under section 18.81, subdivisions 1a and 1b.
History:
1992 c 500 s 14; 2009 c 94 art 1 s 40
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18 — Noxious Weed Law › Section 18.89 — Noxious Weed And Invasive Plant Species Assistance Account.

18.89 NOXIOUS WEED AND INVASIVE PLANT SPECIES ASSISTANCE ACCOUNT.
The noxious weed and invasive plant species assistance account is created in the agricultural fund. The account may be used to carry out the purposes of section 18.90. Any money transferred or appropriated to the account and any money received by the account as gifts or grants or other private or public funds obtained for the purposes in section 18.91 must be credited to the account. The money in the account is annually appropriated to the commissioner to implement section 18.90.
History:
2009 c 94 art 1 s 41
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18 — Noxious Weed Law › Section 18.91 — Advisory Committee; Membership.

18.91 ADVISORY COMMITTEE; MEMBERSHIP.
Subdivision 1.
Duties.
The commissioner shall consult with the Noxious Weed Advisory Committee to advise the commissioner concerning responsibilities under the noxious weed control program. The committee shall evaluate species for invasiveness, difficulty of control, cost of control, benefits, and amount of injury caused by them. For each species evaluated, the committee shall recommend to the commissioner on which noxious weed list or lists, if any, the species should be placed. Species designated as prohibited or restricted noxious weeds or specially regulated plants must be reevaluated every three years for a recommendation on whether or not they need to remain on the noxious weed lists. The committee shall also advise the commissioner on the implementation of the Minnesota Noxious Weed Law and assist the commissioner in the development of management criteria for each noxious weed category. Members of the committee are not entitled to reimbursement of expenses nor payment of per diem. Members shall serve two-year terms with subsequent reappointment by the commissioner.
Subd. 2.
Membership.
The commissioner shall appoint members, which shall include representatives from the following:
(1) the Department of Horticultural Science at the University of Minnesota;
(2) the Department of Agronomy at the University of Minnesota;
(3) the Department of Forest Resources at the University of Minnesota;
(4) the nursery and landscape industry in Minnesota;
(5) the seed industry in Minnesota;
(6) the Department of Agriculture;
(7) the Department of Natural Resources;
(8) a conservation organization;
(9) an environmental organization;
(10) at least two farm organizations;
(11) the county agricultural inspectors;
(12) city governments;
(13) township governments;
(14) county governments;
(15) the Department of Transportation;
(16) the University of Minnesota Extension;
(17) the timber and forestry industry in Minnesota;
(18) the Board of Water and Soil Resources;
(19) soil and water conservation districts;
(20) the Minnesota Association of County Land Commissioners; and
(21) other members as needed.
Subd. 3.
[Repealed, 2013 c 114 art 2 s 69]
Subd. 4.
Organization.
The committee shall select a chair from its membership. Meetings of the committee may be called by or at the direction of the commissioner or upon direction of the chair.
Subd. 5.
[Repealed, 2013 c 114 art 2 s 69]
History:
2009 c 94 art 1 s 43; 2013 c 114 art 2 s 26,27; 2020 c 89 art 3 s 17
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.02 — Preemption Of Local Law.

18B.02 PREEMPTION OF LOCAL LAW.
Except as specifically provided in this chapter, the provisions of this chapter preempt ordinances by local governments that prohibit or regulate any matter relating to the registration, labeling, distribution, sale, handling, use, application, or disposal of pesticides. It is not the intent of this section to preempt local responsibilities for zoning, fire codes, or hazardous waste disposal.
History:
1987 c 358 s 44
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.03 — Powers And Duties Of Commissioner.

18B.03 POWERS AND DUTIES OF COMMISSIONER.
Subdivision 1.
Administration by commissioner.
The commissioner shall administer, implement, and enforce this chapter and the Department of Agriculture is the lead state agency for the regulation of pesticides. The commissioner has the sole regulatory authority over the terrestrial application of pesticides, including, but not limited to, the application of pesticides to agricultural crops, structures, and other nonaquatic environments. Except as provided in subdivision 3, a state agency other than the Department of Agriculture shall not regulate or require permits for the terrestrial or nonaquatic application of pesticides.
Subd. 2.
Delegation of duties.
The functions vested in the commissioner by this chapter may be delegated to designated employees or agents of the Department of Agriculture.
Subd. 3.
Delegation and data sharing to approved agencies.
The commissioner may, by written agreements, delegate specific inspection, enforcement, and other regulatory duties of this chapter to officials of approved agencies. The commissioner may enter into data sharing agreements with other state agencies to help assess the potential for unreasonable adverse effects to human health and the environment from the use of a pesticide.
Subd. 4.
Pollinator enforcement.
The commissioner may take enforcement action under chapter 18D for a violation of this chapter, or any rule adopted under this chapter, that results in harm to pollinators, including but not limited to applying a pesticide in a manner inconsistent with the pesticide product's label or labeling and resulting in pollinator death or willfully applying pesticide in a manner inconsistent with the pesticide product's label or labeling. The commissioner must deposit any penalty collected under this subdivision in the pesticide regulatory account in section 18B.05.
Subd. 5.
Perfluoroalkyl and polyfluoroalkyl substances.
The commissioner has the sole regulatory authority over the terrestrial application of pesticides containing PFAS, including but not limited to the application of pesticides to agricultural crops, structures, and other nonaquatic environments. In order to reduce duplication, a registrant is not required to provide technical data to another state agency if the registrant previously submitted the data to the commissioner and the data is available to the other state agencies.
History:
1987 c 358 s 45; 2011 c 14 s 7; 2011 c 107 s 2; 2014 c 312 art 13 s 9; 2023 c 43 art 2 s 22,23
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.04 — Pesticide Impact On Environment.

18B.04 PESTICIDE IMPACT ON ENVIRONMENT.
(a) The commissioner shall:
(1) determine the impact of pesticides on the environment, including the impacts on surface water and groundwater in this state;
(2) develop best management practices involving pesticide distribution, storage, handling, use, and disposal; and
(3) cooperate with and assist other state agencies and local governments to protect public health, pollinators, and the environment from harmful exposure to pesticides.
(b) The commissioner may assemble a group of experts under section 16C.10, subdivision 2, to consult in the investigation of pollinator deaths or illnesses. The group of experts may include representatives from local, state, and federal agencies; academia, including the University of Minnesota; the state pollinator bank; or other professionals as deemed necessary by the commissioner. The amount necessary for the purposes of this paragraph, not to exceed $100,000 per fiscal year, is appropriated from the pesticide regulatory account in section 18B.05.
History:
1987 c 358 s 46; 1989 c 326 art 5 s 16; 2014 c 312 art 13 s 10
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.045 — Pesticide Management Plan.

18B.045 PESTICIDE MANAGEMENT PLAN.
Subdivision 1.
Development.
The commissioner shall develop a pesticide management plan for the prevention, evaluation, and mitigation of occurrences of pesticides or pesticide breakdown products in groundwaters and surface waters of the state. The pesticide management plan must include components promoting prevention, developing appropriate responses to the detection of pesticides or pesticide breakdown products in groundwater and surface waters, and providing responses to reduce or eliminate continued pesticide movement to groundwater and surface water. By September 1 of each even-numbered year, the commissioner must submit a status report on the plan to the Environmental Quality Board for review and then to the house of representatives and senate committees with jurisdiction over the environment, natural resources, and agriculture.
Subd. 2.
Coordination.
The pesticide management plan shall be coordinated and developed with other state agency plans and with other state agencies through the Environmental Quality Board. In addition, the University of Minnesota Extension Service, farm organizations, farmers, environmental organizations, and industry shall be involved in the pesticide management plan development.
History:
1989 c 326 art 5 s 17; 1994 c 557 s 8; 1999 c 86 art 3 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.05 — Pesticide Regulatory Account.

18B.05 PESTICIDE REGULATORY ACCOUNT.
Subdivision 1.
Establishment.
A pesticide regulatory account is established in the agricultural fund. Fees, assessments, and penalties collected under this chapter must be deposited in the agricultural fund and credited to the pesticide regulatory account. Money in the account, including interest, is appropriated to the commissioner for the administration and enforcement of this chapter and up to $20,000 per fiscal year may also be used by the commissioner for purposes of section 18H.14, paragraph (e).
Subd. 2.
[Repealed, 2003 c 128 art 3 s 47]
History:
1987 c 358 s 47; 1991 c 199 art 2 s 4; 1993 c 172 s 23; 1999 c 231 s 38; 1Sp2005 c 1 art 1 s 15; 1Sp2015 c 4 art 2 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.051 — Pollinator Research Account.

18B.051 POLLINATOR RESEARCH ACCOUNT.
Subdivision 1.
Account established.
A pollinator research account is established in the agricultural fund. Money in the account, including interest, is appropriated to the Board of Regents of the University of Minnesota for pollinator research and outreach, including but not limited to:
(1) the identification and establishment of habitat beneficial to pollinators;
(2) the development and promotion of science-based best management practices;
(3) the development and promotion of practices that can reduce the effects of pesticides on pollinators;
(4) the effects of seed treatments on pollinators; and
(5) the development and promotion of integrated pest management, including pest economic thresholds.
The University of Minnesota must select projects in consultation with the Minnesota Department of Agriculture.
Subd. 2.
Expiration.
This section expires July 1, 2027.
History:
2017 c 88 art 2 s 11; 2022 c 95 art 2 s 11; 2023 c 43 art 2 s 24
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.06 — Rules.

18B.06 RULES.
Subdivision 1.
Authority.
The commissioner shall adopt rules to implement and enforce this chapter including procedures addressing local control of pesticide regulation. Rules adopted under this chapter are part of this chapter and a violation of the rules is a violation of a provision of this chapter.
Subd. 2.
Conformity with FIFRA.
Rules adopted under this chapter:
(1) may not allow pesticide use that is prohibited by FIFRA; or
(2) relating to private applicators of restricted use pesticides and special local needs registrations, may not be inconsistent with the requirements of FIFRA.
Subd. 3.
Pesticide use, handling, and disposal.
The commissioner shall adopt rules to govern the distribution, use, storage, handling, and disposal of pesticides, rinsates, and pesticide containers.
History:
1987 c 358 s 48; 1995 c 233 art 2 s 56
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18B — Pesticide Control › Section 18B.063 — State Uses Of Pesticides And Nutrients.

18B.063 STATE USES OF PESTICIDES AND NUTRIENTS.
The state shall use integrated pest management techniques in its management of public lands, including roadside rights-of-way, parks, and forests; and shall use planting regimes that minimize the need for pesticides and added nutrients.
History:
1989 c 326 art 5 s 18