reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18H — Nursery Law › Section 18H.14 — Labeling And Advertising Of Nursery Stock.

18H.14 LABELING AND ADVERTISING OF NURSERY STOCK.
(a) Plants, plant materials, or nursery stock must not be labeled or advertised with false or misleading information including, but not limited to, the scientific name, variety, place of origin, and hardiness zone as defined by the United States Department of Agriculture.
(b) All nonhardy nursery stock as designated by the commissioner must be labeled correctly for hardiness or be labeled "nonhardy" in Minnesota.
(c) An entity may not offer for distribution plants, plant materials, or nursery stock, represented by some specific or special form of notation, including, but not limited to, "free from" or "grown free of," unless the plants are produced under a specific program approved by the commissioner to address the specific plant properties addressed in the special notation claim.
(d) Nursery stock collected from the wild state must be inspected and certified prior to sale and at the time of sale must be labeled "Collected from the Wild." The label must remain on each plant or clump of plants while it is offered for sale and during the distribution process. The collected stock may be grown in nursery rows at least two years, after which the plants may be sold without the labeling required by this paragraph.
(e) An entity may not label or advertise an annual plant, bedding plant, or other plant, plant material, or nursery stock as beneficial to pollinators if the annual plant, bedding plant, plant material, or nursery stock has:
(1) been treated with a systemic insecticide that:
(i) has a pollinator protection box on the label; or
(ii) has a pollinator, bee, or honey bee precautionary statement in the environmental hazards section of the insecticide product label; and
(2) a concentration in its flowers or leaves greater than the reference value.
The commissioner shall enforce this paragraph as provided in chapter 18J.
(f) For the purposes of paragraph (e):
(1) "systemic insecticide" means an insecticide that is both absorbed by the plant and translocated through the plant's vascular system; and
(2) "reference value" means the most appropriate value determined by the commissioner of agriculture based on the commissioner's review of pollinator protective reference values published or approved by the United States Environmental Protection Agency. If a United States Environmental Protection Agency reference value is not available for a specific systemic insecticide or is not appropriate for use in Minnesota or for a specific type of plant, plant material, or nursery stock, the commissioner may consider reference values from other states, peer-reviewed literature, or other appropriate sources.
History:
2003 c 128 art 5 s 13; 2012 c 244 art 1 s 14; 2014 c 299 s 2; 2015 c 44 s 12; 2023 c 43 art 2 s 106
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18H — Nursery Law › Section 18H.15 — Violations.

18H.15 VIOLATIONS.
(a) An entity who offers to distribute nursery stock that is uncertified, uninspected, or falsely labeled or advertised possesses an illegal regulated commodity that is considered infested or infected with plant pests and subject to regulatory action and control. If the commissioner determines that the provisions of this section have been violated, the commissioner may order the destruction of all of the plants unless the entity:
(1) provides proper phytosanitary preclearance, phytosanitary certification, or nursery stock certification;
(2) agrees to have the plants, plant materials, or nursery stock returned to the consignor; and
(3) provides proper documentation, certification, or compliance to support advertising claims.
(b) The plant owner is liable for all costs associated with a withdrawal-from-distribution order or the quarantine, treatment, or destruction of plants. The commissioner is not liable for actual or incidental costs incurred by an entity due to the commissioner's actions. The commissioner must be reimbursed by the owner of the plants for the actual expenses incurred in carrying out a withdrawal-from-distribution order or the quarantine, treatment, or destruction of any plants.
(c) It is unlawful for an entity to:
(1) misrepresent, falsify, or knowingly distribute, sell, advertise, or display damaged, mislabeled, misrepresented, infested, or infected nursery stock;
(2) fail to obtain a nursery certificate as required by the commissioner;
(3) fail to renew a nursery certificate, but continue business operations;
(4) misrepresent or falsify a nursery certificate;
(5) refuse to submit to a nursery inspection;
(6) fail to provide the cooperation necessary to conduct a successful nursery inspection;
(7) offer for sale uncertified nursery stock;
(8) possess an illegal regulated commodity;
(9) violate or disobey a commissioner's order;
(10) violate a quarantine issued by the commissioner;
(11) fail to obtain phytosanitary certification for plant material or nursery stock brought into Minnesota;
(12) deface, mutilate, or destroy a nursery stock certificate, phytosanitary certificate, or phytosanitary preclearance certificate, or other commissioner mark, permit, or certificate;
(13) fail to notify the commissioner of an uncertified shipment of nursery stock;
(14) transport uncertified nursery stock in Minnesota; or
(15) sell nursery stock to an uncertified live plant dealer who is required to be certified.
History:
2003 c 128 art 5 s 14; 1Sp2005 c 1 art 1 s 54; 2023 c 43 art 2 s 107,108
NOTE:
The amendment to this section by Laws 2023, chapter 43, article 2, section 107, is effective January 1, 2025. Laws 2023, chapter 43, article 2, section 107, the effective date.
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18H — Nursery Law › Section 18H.17 — Nursery And Phytosanitary Account.

18H.17 NURSERY AND PHYTOSANITARY ACCOUNT.
A nursery and phytosanitary account is established in the state treasury. The fees and penalties collected under this chapter and interest attributable to money in the account must be deposited in the state treasury and credited to the nursery and phytosanitary account in the agricultural fund. Money in the account, including interest earned, is annually appropriated to the commissioner for the administration and enforcement for this chapter. The commissioner may spend no more than $20,000 from the account each fiscal year for purposes of section 18H.14, paragraph (e).
History:
2003 c 128 art 5 s 16; 1Sp2015 c 4 art 2 s 20
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18H — Nursery Law › Section 18H.18 — Conservation Of Certain Wildflowers.

18H.18 CONSERVATION OF CERTAIN WILDFLOWERS.
Subdivision 1.
Restrictions on collecting.
No entity shall distribute any species of orchids (
Orchidaceae
), any gentian (
Gentiana
), arbutus (
Epigaea repens
), lilies (
Lilium
species), coneflowers (
Echinacea
species), bloodroot (
Sanguinaria canadensis
), mayapple (
Podophyllum peltatutum
), any species of trillium (
Trillium
species), or lotus (
Nelumbo lutea
), that have been collected in any manner from any public or private property without the written permission of the property owner. Plants listed in this subdivision that are intended to be offered for sale must have written authorization from the commissioner.
Subd. 2.
Collection without sale.
Wildflower collection from public or private land for the purpose of transplanting the plants to an entity's private property and not offering for immediate sale, requires the written permission from the property owner of the land on which the wildflowers are growing.
Subd. 3.
Collection with intent to sell or distribute wildflowers.
(a) The wildflowers listed in this section may be offered for immediate sale only if the plants are to be used for scientific or herbarium purposes.
(b) The wildflowers listed in this section must not be collected and sold commercially unless the plants are:
(1) growing naturally, collected, and cultivated on the collector's property; or
(2) collected through the process described in subdivision 2 and transplanted and cultivated on the collector's property for at least one growing season before the sale.
(c) The collector must obtain a written permit from the commissioner before the plants may be offered for commercial sale.
(d) A wildflower listed under this section that is sold commercially must be individually labeled with a department permit number.
History:
2003 c 128 art 5 s 17; 1Sp2005 c 1 art 1 s 55; 2023 c 43 art 2 s 109
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18J — Inspection And Enforcement › Section 18J.01 — Definitions.

18J.01 DEFINITIONS.
(a) The definitions in sections 18G.02, 18H.02, 18K.02, 27.01, 223.16, 231.01, and 232.21 apply to this chapter.
(b) For purposes of this chapter, "associated rules" means rules adopted under this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232, or sections 21.80 to 21.92.
History:
2003 c 128 art 6 s 1; 2012 c 244 art 1 s 15; 1Sp2015 c 4 art 2 s 21
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18J — Inspection And Enforcement › Section 18J.02 — Duties Of Commissioner.

18J.02 DUTIES OF COMMISSIONER.
The commissioner shall administer and enforce this chapter, chapters 18G, 18H, 18K, 27, 223, 231, and 232; sections 21.80 to 21.92; and associated rules.
History:
2003 c 128 art 6 s 2; 2012 c 244 art 1 s 16; 1Sp2015 c 4 art 2 s 22
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18J — Inspection And Enforcement › Section 18J.03 — Civil Liability.

18J.03 CIVIL LIABILITY.
A person regulated by this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232, or sections 21.80 to 21.92, is civilly liable for any violation of one of those statutes or associated rules by the person's employee or agent.
History:
2003 c 128 art 6 s 3; 2012 c 244 art 1 s 17; 1Sp2015 c 4 art 2 s 23
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18J — Inspection And Enforcement › Section 18J.05 — Enforcement.

18J.05 ENFORCEMENT.
Subdivision 1.
Enforcement required.
(a) A violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or an associated rule is a violation of this chapter.
(b) Upon the request of the commissioner, county attorneys, sheriffs, and other officers having authority in the enforcement of the general criminal laws must take action to the extent of their authority necessary or proper for the enforcement of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules or valid orders, standards, stipulations, and agreements of the commissioner.
Subd. 2.
Commissioner's discretion.
If minor violations of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules occur or the commissioner believes the public interest will be best served by a suitable notice of warning in writing, this section does not require the commissioner to:
(1) report the violation for prosecution;
(2) institute seizure proceedings; or
(3) issue a withdrawal from distribution, stop-sale, or other order.
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 persons licensed, permitted, registered, or certified under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules must appoint the commissioner as the agent upon whom all legal process may be served and service upon the commissioner is deemed to be service on the licensee, permittee, registrant, or certified person.
History:
2003 c 128 art 6 s 5; 2012 c 244 art 1 s 22-24; 1Sp2015 c 4 art 2 s 28-30
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18J — Inspection And Enforcement › Section 18J.06 — False Statement Or Record.

18J.06 FALSE STATEMENT OR RECORD.
A person must not knowingly make or offer a false statement, record, or other information as part of:
(1) an application for registration, license, certification, or permit under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules;
(2) records or reports required under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules; or
(3) an investigation of a violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules.
History:
2003 c 128 art 6 s 6; 2012 c 244 art 1 s 25; 1Sp2015 c 4 art 2 s 31
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18J — Inspection And Enforcement › Section 18J.07 — Administrative Action.

18J.07 ADMINISTRATIVE ACTION.
Subdivision 1.
Administrative remedies.
The commissioner may seek to remedy violations by a written warning, administrative meeting, cease and desist, stop-use, stop-sale, removal, correction order, or an order, seizure, stipulation, or agreement, if the commissioner determines that the remedy is in the public interest.
Subd. 2.
Revocation and suspension.
The commissioner may, after written notice and hearing, revoke, suspend, or refuse to grant or renew a registration, permit, license, or certification if a person violates this chapter or has a history within the last three years of violation of this chapter.
Subd. 3.
Cancellation of registration, permit, license, certification.
The commissioner may cancel or revoke a registration, permit, license, or certification provided for under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules or refuse to register, permit, license, or certify under provisions of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules if the registrant, permittee, licensee, or certified person has used fraudulent or deceptive practices in the evasion or attempted evasion of a provision of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules.
Subd. 4.
Service of order or notice.
(a) If a person is not available for service of an order, the commissioner may attach the order to the facility, site, seed or seed container, plant or other living or nonliving object regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules and notify the owner, custodian, other responsible party, or registrant.
(b) The seed, seed container, plant, or other living or nonliving object regulated under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may not be sold, used, tampered with, or removed until released under conditions specified by the commissioner, by an administrative law judge, or by a court.
Subd. 5.
Unsatisfied judgments.
(a) An applicant for a license, permit, registration, or certification under provisions of this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules may not allow a final judgment against the applicant for damages arising from a violation of those statutes or rules to remain unsatisfied for a period of more than 30 days.
(b) Failure to satisfy, within 30 days, a final judgment resulting from a violation of this chapter results in automatic suspension of the license, permit, registration, or certification.
History:
2003 c 128 art 6 s 7; 2012 c 244 art 1 s 26-28; 1Sp2015 c 4 art 2 s 32-34
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18J — Inspection And Enforcement › Section 18J.08 — Appeals Of Commissioner's Orders.

18J.08 APPEALS OF COMMISSIONER'S ORDERS.
Subdivision 1.
Notice of appeal.
(a) After service of an order, a person has 20 days from receipt of the order to notify the commissioner in writing that the person intends to contest the order.
(b) If the person fails to notify the commissioner that the person intends to contest the order, the order is a final order of the commissioner and not subject to further judicial or administrative review.
Subd. 2.
Administrative review.
If a person notifies the commissioner that the person intends to contest an order issued under this section, the state Office of Administrative Hearings must conduct a hearing in accordance with the applicable provisions of chapter 14 for hearings in contested cases.
Subd. 3.
Judicial review.
Judicial review of a final decision in a contested case is available as provided in chapter 14.
History:
2003 c 128 art 6 s 8; 2023 c 43 art 2 s 110
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18J — Inspection And Enforcement › Section 18J.09 — Crediting Of Penalties, Fees, And Costs.

18J.09 CREDITING OF PENALTIES, FEES, AND COSTS.
Penalties, cost reimbursements, fees, and other money collected under this chapter must be deposited into the state treasury and credited to the appropriate nursery and phytosanitary, industrial hemp, or seed account.
History:
2003 c 128 art 6 s 9; 1Sp2015 c 4 art 2 s 35
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18J — Inspection And Enforcement › Section 18J.10 — Civil Penalties.

18J.10 CIVIL PENALTIES.
Subdivision 1.
General penalty.
Except as provided in subdivision 2, a person who violates this chapter or an order, standard, stipulation, agreement, or schedule of compliance of the commissioner is subject to a civil penalty of up to $7,500 per day of violation as determined by the court.
Subd. 2.
Defense to civil remedies and damages.
As a defense to a civil penalty or claim for damages under subdivision 1, the defendant may prove that the violation was caused solely by an act of God, an act of war, or an act or failure to act that constitutes sabotage or vandalism, or any combination of these defenses.
Subd. 3.
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. 4.
Recovery of penalties by civil action.
The civil penalties and payments provided for in this chapter may be recovered by a civil action brought by the county attorney or the attorney general in the name of the state.
History:
2003 c 128 art 6 s 10
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18J — Inspection And Enforcement › Section 18J.11 — Criminal Penalties.

18J.11 CRIMINAL PENALTIES.
Subdivision 1.
General violation.
Except as provided in subdivisions 2, 3, and 4, a person is guilty of a misdemeanor if the person violates this chapter or an 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 this chapter or an 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 this chapter or an order, standard, stipulation, agreement, or schedule of compliance of the commissioner.
Subd. 4.
Controlled substance offenses.
Prosecution under this section does not preclude prosecution under chapter 152.
History:
2003 c 128 art 6 s 11; 1Sp2015 c 4 art 2 s 36,37
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18K — Industrial Hemp Development › Section 18K.02 — Definitions.

18K.02 DEFINITIONS.
Subdivision 1.
Scope.
The definitions in this section apply to this chapter.
Subd. 1a.
Applicant.
"Applicant" means an individual who submits an application for a license as required under this chapter. If the applicant is an entity, applicant means the owner or most responsible individual in charge of the entity.
Subd. 1b.
Authorized representative.
"Authorized representative" means any individual authorized by the licensee to make changes to the license and share data on behalf of the licensee.
Subd. 2.
Commissioner.
"Commissioner" means the commissioner of agriculture.
Subd. 2a.
Entity.
"Entity" means a corporation, joint stock company, association, limited partnership, limited liability partnership, limited liability company, irrevocable trust, estate, charitable organization, or other similar organization, including any such organization participating in hemp production as a partner in a general partnership, a participant in a joint venture, or a participant in a similar organization.
Subd. 3.
Industrial hemp.
"Industrial hemp" means the plant Cannabis sativa L. and any part of the plant, whether growing or not, including the plant's seeds, and all the plant's derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis. Industrial hemp is not marijuana as defined in section 152.01, subdivision 9.
Subd. 4.
Marijuana.
"Marijuana" has the meaning given in section 152.01, subdivision 9.
Subd. 5.
Processing.
"Processing" means rendering by refinement hemp plants or hemp plant parts from their natural or original state after harvest. Processing includes but is not limited to decortication, devitalization, chopping, crushing, extraction, and packaging. Processing does not include typical farm operations such as sorting, grading, baling, and harvesting. Processing does not include the production of artificially derived cannabinoids as defined in section 342.01, subdivision 6.
[See Note.]
Subd. 6.
Processing location.
"Processing location" means any area, building, plant, or facility registered with and approved by the commissioner in which a licensee converts raw hemp into a marketable product.
Subd. 7.
Processor.
"Processor" means a person or business that converts raw hemp into a product.
History:
1Sp2015 c 4 art 2 s 39; 1Sp2019 c 1 art 2 s 10; 2020 c 89 art 4 s 7-12; 2023 c 63 art 6 s 5
NOTE:
The amendment to subdivision 5 by Laws 2023, chapter 63, article 6, section 5, is effective July 1, 2024. Laws 2023, chapter 63, article 6, section 5, the effective date.
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18K — Industrial Hemp Development › Section 18K.03 — Agricultural Crop; Possession Authorized.

18K.03 AGRICULTURAL CROP; POSSESSION AUTHORIZED.
Subdivision 1.
Industrial hemp.
Industrial hemp is an agricultural crop in this state. A person may possess, transport, process, sell, or buy industrial hemp that is grown pursuant to this chapter or lawfully grown in another state.
Subd. 2.
Sale to medical cannabis manufacturers.
A licensee under this chapter may sell hemp products derived from industrial hemp grown in this state to medical cannabis manufacturers as authorized under sections 152.22 to 152.37.
History:
1Sp2015 c 4 art 2 s 40; 1Sp2019 c 1 art 2 s 11; 1Sp2019 c 9 art 11 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18K — Industrial Hemp Development › Section 18K.06 — Rulemaking.

18K.06 RULEMAKING.
(a) The commissioner shall adopt rules governing the production, testing, processing, and licensing of industrial hemp. Notwithstanding the two-year limitation for exempt rules under section 14.388, subdivision 1, Minnesota Rules, chapter 1565, published in the State Register on August 16, 2021, is effective until August 16, 2025, or until permanent rules implementing chapter 18K are adopted, whichever occurs first.
(b) Rules adopted under paragraph (a) must include but not be limited to provisions governing:
(1) the supervision and inspection of industrial hemp during its growth and harvest;
(2) the testing of industrial hemp to determine delta-9 tetrahydrocannabinol levels;
(3) the use of background check results required under section 18K.04 to approve or deny a license application; and
(4) any other provision or procedure necessary to carry out the purposes of this chapter.
(c) Rules issued under this section must be consistent with federal law regarding the production, distribution, and sale of industrial hemp.
History:
1Sp2015 c 4 art 2 s 43; 2020 c 89 art 4 s 17; 2023 c 43 art 2 s 113
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18K — Industrial Hemp Development › Section 18K.07 — Fees.

18K.07 FEES.
Fees collected under this chapter must be credited to the industrial hemp account, which is hereby established in the agricultural fund in the state treasury. Interest earned in the account accrues to the account. Funds in the industrial hemp account are annually appropriated to the commissioner to implement and enforce this chapter.
History:
1Sp2015 c 4 art 2 s 44
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18K — Industrial Hemp Development › Section 18K.08 — Defense For Possession Of Marijuana.

18K.08 DEFENSE FOR POSSESSION OF MARIJUANA.
It is an affirmative defense to a prosecution for the possession of marijuana under chapter 152 if:
(1) the defendant possesses industrial hemp grown pursuant to this chapter; or
(2) the defendant has a valid controlled substance registration from the United States Department of Justice, Drug Enforcement Administration, if required under federal law.
History:
1Sp2015 c 4 art 2 s 45
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.001 — Definition.

21.001 DEFINITION.
Subdivision 1.
Scope.
Except where the context otherwise indicates, for the purposes of this chapter, the terms defined in this section have the meanings given them.
Subd. 2.
Commissioner.
"Commissioner" means the commissioner of the Department of Agriculture.
History:
1961 c 113 s 1; 1961 c 128 s 4
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.111 — Definitions.

21.111 DEFINITIONS.
Subdivision 1.
Scope.
When used in sections 21.111 to 21.122 the terms defined in this section shall have the meanings ascribed to them.
Subd. 2.
Inspected.
"Inspected" means that the potato plants are examined in the field and that the harvested potatoes produced by the potato plants are examined by or under the authority of the commissioner. For seed potatoes produced in a lab, inspected means that the lab's records, including records related to the lab's procedures and protocols, as well as the seed potatoes, have been examined under the authority of the commissioner.
Subd. 3.
Certified.
"Certified" means that the potatoes were inspected while growing in the field and again after being harvested, and were thereafter duly certified by or under the authority of the commissioner, as provided in sections 21.111 to 21.122, and as provided by rules adopted and published by the commissioner. For seed potatoes produced in a lab, certified means that:
(1) the seed potato lab facilities and the lab's procedures and protocols have been examined under the authority of the commissioner; and
(2) the seed potatoes have been inspected after they have been harvested, removed, or released from the lab, and were duly certified by or under the authority of the commissioner, as provided in sections 21.111 to 21.122.
Subd. 3a.
Interstate cooperation.
In order to best use state resources, the commissioner may enter into agreements with other seed potato certification entities to carry out the purposes of sections 21.111 to 21.122. Any agreement may provide for field inspections, shipping point inspections, winter tests, and other certification functions to be carried out by personnel employed by either entity according to methods determined by the certification entities of the respective areas. The commissioner may extend seed potato certification services to states where growers wish to grow certified seed potatoes and the state does not have a seed potato certification program. Any agreement must be reported to the chairs of the legislative committees responsible for the budget or policy of the seed potato inspection program and to the commissioner of management and budget.
Subd. 4.
[Repealed, 1955 c 287 s 1]
Subd. 5.
Seed potatoes.
"Seed potatoes" means potatoes used, sold, offered or exposed for sale, or held with intent to sell or as a sample representing any lot or stock of potatoes offered or exposed for sale or held with intent to sell within this state, for the purpose of planting.
Subd. 6.
Person.
"Person" includes an individual, partnership, corporation, company, society, association, and firms.
History:
1951 c 465 s 2; 1985 c 248 s 70; 1986 c 444; 2002 c 373 s 17; 2009 c 101 art 2 s 109; 2017 c 88 art 2 s 26,27
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.112 — Commissioner, Duties; Seed Potatoes.

21.112 COMMISSIONER, DUTIES; SEED POTATOES.
Subdivision 1.
Duties, employees.
The commissioner shall provide the means and direct the work for the inspection, certification, promotion of quality, and creation of demand and sale of seed potatoes. The commissioner may enter into contracts and ground leases for planting and growing potatoes outside of the state for experimental and research purposes. The commissioner shall provide such forms as are necessary and keep a record of the work performed, and shall appoint, designate, or employ such officers, inspectors, and employees as may be deemed necessary and fix their compensation.
Subd. 2.
[Repealed by amendment, 2007 c 133 art 2 s 4]
History:
1951 c 465 s 3; 1983 c 260 s 12; 1986 c 444; 1997 c 192 s 14; 2001 c 161 s 9; 2007 c 133 art 2 s 4
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.113 — Certificates Of Inspection.

21.113 CERTIFICATES OF INSPECTION.
(a) The commissioner shall issue certificates of inspection only when seed potatoes have been inspected while growing in the field and again after being harvested.
(b) For seed potatoes produced in a lab, the commissioner shall issue certificates of inspection only after:
(1) the seed potato lab facility and the lab's records have been inspected; and
(2) the seed potatoes have been inspected after they have been harvested, removed, or released from the lab.
(c) Certificates of inspection under this section shall show the varietal purity and the freedom from disease and physical injury of such potatoes and any other information as may be prescribed by rules adopted and published under sections 21.111 to 21.122.
History:
1951 c 465 s 4; 1985 c 248 s 70; 2017 c 88 art 2 s 28
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.115 — Fees; Seed Potato Inspection Account.

21.115 FEES; SEED POTATO INSPECTION ACCOUNT.
The commissioner shall fix the fees for all inspections and certifications in such amounts as from time to time may be found necessary to pay the expenses of carrying out and enforcing the purposes of sections 21.111 to 21.122, with a reasonable reserve, and shall require the same to be paid before such inspections or certifications are made. All moneys collected as fees or as penalties for violations of any of the provisions of such sections shall be paid into the agricultural fund and credited to the seed potato inspection account of the commissioner, which account is hereby created and appropriated for carrying out the purposes of sections 21.111 to 21.122. Interest, if any, received on deposits of these moneys shall be credited to the account, and there shall be paid into this fund any sum provided by the legislature for the purpose of carrying out the provisions of such sections.
History:
1951 c 465 s 6; 1993 c 172 s 25; 1999 c 231 s 44
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.116 — Expenses.

21.116 EXPENSES.
All necessary expenses incurred in carrying out the provisions of sections 21.111 to 21.122 and the compensation of officers, inspectors, and employees appointed, designated, or employed by the commissioner, as provided in such sections, together with their necessary traveling expenses, together with the traveling expenses of the members of the advisory seed potato certification committee, and other expenses necessary in attending committee meetings, shall be paid from, and only from, the seed potato inspection account, on order of the commissioner and commissioner of management and budget.
History:
1951 c 465 s 7; 1973 c 492 s 14; 1999 c 231 s 45; 2009 c 101 art 2 s 109; 1Sp2019 c 10 art 3 s 13
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.117 — Applications For Inspections; Withdrawals.

21.117 APPLICATIONS FOR INSPECTIONS; WITHDRAWALS.
(a) Any person may make application to the commissioner for inspection or certification of seed potatoes growing or to be grown. Upon receiving such application and the required fee and such other information as may be required, the commissioner shall cause such potatoes to be inspected or certified in accordance with the provisions of sections 21.111 to 21.122 and the rules adopted and published thereunder.
(b) If a grower wishes to withdraw a field or lab after having made application for inspection and such withdrawal is requested before the field or lab inspection has been made, the fee paid shall be refunded to said grower.
History:
1951 c 465 s 8; 1985 c 248 s 70; 1986 c 444; 2017 c 88 art 2 s 29
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.118 — Rules.

21.118 RULES.
It shall be the duty of the commissioner to promulgate reasonable rules for carrying out the purposes and enforcing the provisions of sections 21.111 to 21.122.
History:
1951 c 465 s 9; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.119 — Use Of Certain Terms Forbidden; Exceptions.

21.119 USE OF CERTAIN TERMS FORBIDDEN; EXCEPTIONS.
It shall be unlawful to use or employ the term "certified" or the term "inspected," or any term or terms conveying a meaning substantially equivalent to the meaning of either of these terms, either orally or in writing, printing, marking, or otherwise in reference to or in connection with, or in advertising or characterizing or labeling seed potatoes or the containers thereof, unless such potatoes shall have been duly inspected and certified pursuant to the provisions of sections 21.111 to 21.122.
History:
1951 c 465 s 10; 1955 c 287 s 2
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.1195 — Minimum Standards For Planting.

21.1195 MINIMUM STANDARDS FOR PLANTING.
Seed potatoes may not be planted in the state in lots of ten or more acres unless the seed meets the minimum disease standards prescribed by the commissioner. Seed potatoes may meet the standards by being certified in accordance with this chapter and rules adopted by the commissioner, or under the certification program of another state or province which, in the judgment of the commissioner, provides equivalent assurances of seed potato quality. Seed potatoes may be planted without certification if they have had at least field inspection as required for certified seed potatoes, have passed the field inspection standards of disease tolerance, and are free from ring rot. A person that plants seed potatoes in violation of this section is subject to a civil penalty of $20 per acre for each acre or part of an acre planted in violation of this section. Failure to maintain complete and accurate records in accordance with this section or rules adopted by the commissioner is an additional violation resulting in a separate civil penalty of $200 for each failure.
If there is not available to be planted in this state, in any year, a sufficient volume of potato seed meeting certified seed potato disease standards, in any or all varieties, the commissioner may, upon application by one or more growers, permit seed that does not comply with this section to be planted for that growing season if the seed does not pose a serious disease threat.
Each grower shall keep records of each lot of seed potatoes planted. For each growing season, the records must include, by field, the variety and source of the seed potatoes. Each grower shall file records as prescribed by the commissioner. All records must be made available for inspection by the commissioner or the commissioner's agents during normal business hours.
In addition to the enforcement powers and penalties in this section, the commissioner may issue a subpoena to a grower in order to compel delivery of records which are required under this section. These subpoenas are enforceable by any court of competent jurisdiction.
History:
1987 c 124 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.1196 — Restricted Seed Potato Growing Area.

21.1196 RESTRICTED SEED POTATO GROWING AREA.
Subdivision 1.
Definition.
(a) "Restricted seed potato growing area" means Clearwater, Kittson, Koochiching, and Roseau Counties; the portions of Marshall and Pennington Counties that lie east of United States Highway No. 59; the portion of Red Lake County that lies east of United States Highway No. 59 and north of Minnesota Highway No. 92; the portion of Polk County that lies north of Minnesota Highway No. 92; and the portion of Beltrami County that lies north of Beltrami County Highway No. 32 and west of Minnesota Highway No. 72.
(b) "Historic certified seed potato area" means the portion of Marshall County included in the towns of Augsburg and Nelson Park that are north of Marshall County Highway No. 5.
Subd. 2.
Restriction.
(a) The seed potato certification requirements under sections 21.111 to 21.122 apply to potatoes grown in plots of ten acres or more in the restricted seed potato growing area. Qualifying potatoes grown in the restricted seed potato growing area must be certified as seed potatoes.
(b) The commissioner may enter and inspect plots subject to paragraph (a) during the growing season.
Subd. 3.
Penalty.
A potato grower who violates subdivision 2, paragraph (a), is subject to a penalty of $100 per acre of potatoes grown and not certified.
History:
1990 c 479 s 1; 1992 c 397 s 1; 1994 c 422 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.121 — Violations; Reports, Prosecutions.

21.121 VIOLATIONS; REPORTS, PROSECUTIONS.
It shall be the duty of every prosecuting officer, to whom the commissioner shall report any violation of sections 21.111 to 21.122, to cause appropriate proceedings to be commenced and prosecuted in the proper courts without delay for the enforcement of the penalties in such case as provided in such sections.
History:
1951 c 465 s 11
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.122 — Penalties.

21.122 PENALTIES.
Any person violating any provision of sections 21.111 to 21.121 or any rule promulgated by the commissioner thereunder shall be guilty of a misdemeanor; and upon conviction for a first offense shall be punished by a fine of not less than $25 nor more than $1,000 or by imprisonment for not less than 10 days nor more than 90 days; and for each second and subsequent offense such persons shall be guilty of a gross misdemeanor and shall be punished by a fine of not less than $50 nor more than $3,000 or by imprisonment for not less than 30 days nor more than six months. Upon conviction for such second offense the commissioner shall refuse the violator the privilege of handling in any way certified seed potatoes during the season in which such second offense was committed.
History:
1951 c 465 s 12; 1984 c 628 art 3 s 11; 1985 c 248 s 70; 2004 c 228 art 1 s 72
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.73 — Prohibited Acts.

21.73 PROHIBITED ACTS.
Subdivision 1.
Infested feed grain; screenings.
It is unlawful for any person to feed or to sell, offer for sale, or expose for sale, or transport, to the consumer, for feeding purposes, any weed-seed infested agricultural seeds and grains, or screenings, if:
(1) restricted noxious weed seeds are present singly or collectively in excess of the rate of 90 per pound;
(2) prohibited noxious weed seeds are present; or
(3) they contain more than ten percent total weed seeds by weight.
Subd. 2.
False advertisement; obstruction; noncompliance with orders.
It is unlawful for any person:
(1) to disseminate any false or misleading advertisement concerning weed-seed infested agricultural seeds and grains, or screenings, in any manner or by any means;
(2) to hinder or obstruct in any way any authorized person in the performance of duties under sections 21.71 to 21.78; and
(3) to fail to comply with a stop-sale order.
History:
1959 c 172 s 3; 1961 c 127 art 2 s 5; 1986 c 444; 2020 c 89 art 2 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.74 — Exceptions.

21.74 EXCEPTIONS.
The provisions of section 21.73 shall not apply to:
(1) agricultural seeds and grains, or screenings, not intended for feeding purposes;
(2) weed-seed infested agricultural seeds and grains, or screenings, being transported upon any public highway to or from a cleaning or processing establishment for cleaning or processing, which same are carried or transported in such vehicles or containers as will prevent the leaking or scattering thereof;
(3) weed-seed infested agricultural seeds and grains, or screenings, which have first been devitalized by grinding, heating, chemical treatment, or any other suitable method;
(4) the sale of weed-seed infested agricultural seeds and grains, or screenings, to each other by jobbers, manufacturers, or processors who mix or grind concentrated commercial feeding stuff for sale; provided that the restrictions applying to clause (2), are complied with;
(5) the sale of weed-seed infested agricultural seeds and grains, or screenings, by any vendor to a consumer, provided that the restrictions set forth in clauses (2) and (3) are complied with. However, where the vendor is not equipped to devitalize weed seeds, the vendor may sell weed-seed infested agricultural seeds, grains, or screenings only to a consumer who holds a permit issued by the commissioner for such a purchase. The commissioner shall issue such a permit annually to a consumer only if the consumer has the necessary facilities for devitalization, as determined by the commissioner, or has access to such facilities. The consumer shall devitalize such weed-seed infested agricultural seeds, grains, or screenings. The commissioner may revoke a permit after due notice and a hearing if the consumer does not comply with the provisions of this clause. The provisions of this clause shall not apply to the sale at a farm auction of a vendors agricultural seeds or grains for feeding or processing purposes. "Farm auction" for the purpose of this clause means the final sale at auction of the personal property of the farmer to the highest bidder. However, if such agricultural seeds and grains are sold under variety names, and in such manner and at such prices as to indicate that it is intended to use the seeds and grains for seeding purposes, the seeds and grains are then subject to all laws relating to cleaning, testing, and labeling of agricultural seed as set forth in the agricultural seed laws and the agricultural weed laws of the state of Minnesota and such rules as have been promulgated by the commissioner of agriculture thereunder; and
(6) weed-seed infested agricultural seed and grains or screenings, produced by the farmer and fed on the farmer's own farm, provided it does not contain restricted or prohibited noxious weed seeds in excess of the legal limit.
History:
1959 c 172 s 4; 1961 c 127 art 2 s 6; 1961 c 713 s 1; 1963 c 592 s 1; 1985 c 248 s 70; 1986 c 444; 2020 c 89 art 2 s 6
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.76 — Injunction; Bond.

21.76 INJUNCTION; BOND.
When in the performance of duties the commissioner applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of sections 21.71 to 21.78, or any rules thereunder, said injunction, if any be granted, shall be issued without bond.
History:
1959 c 172 s 6; 1985 c 248 s 70; 1986 c 444
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.77 — Seizure.

21.77 SEIZURE.
Any lot or amount of weed-seed infested agricultural seeds and grains, or screenings, not in compliance with the provisions of sections 21.71 to 21.78, is subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the locality in which the weed-seed infested agricultural seeds and grains, or screenings, are located. In the event that the court finds the weed-seed infested agricultural seeds and grains, or screenings, to be in violation of said sections and orders the condemnation of said weed-seed infested agricultural seeds and grains, or screenings, they shall be denatured, processed, destroyed, or otherwise disposed of in compliance with the laws of this state; provided, that in no instance shall the court order such disposition of said weed-seed infested agricultural seeds and grains, or screenings, without first having given the claimant any opportunity to apply to the court for the release of said weed-seed infested agricultural seeds and grains, or screenings, or permission to process them to bring them into compliance with these sections.
History:
1959 c 172 s 7
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.78 — Violations; Enforcement.

21.78 VIOLATIONS; ENFORCEMENT.
Subdivision 1.
Misdemeanor.
Any person violating any of the provisions of sections 21.71 to 21.78, or any of the rules promulgated by the commissioner thereunder, is guilty of a misdemeanor.
Subd. 2.
Duty to prosecute.
It is the duty of every prosecuting officer to whom the commissioner shall report any violation of sections 21.71 to 21.78, or of any of the rules promulgated thereunder, to cause appropriate proceedings to be commenced and prosecuted in the proper courts without delay for the enforcement of the penalties as in such case provided.
History:
1959 c 172 s 8; 1985 c 248 s 70
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 21 — Seeds › Section 21.84 — Records.

21.84 RECORDS.
(a) A labeler must keep (1) for three years complete records of each seed lot sold in this state, and (2) for one year a file sample of each seed lot after disposition of the lot.
(b) The labeler must retain the following information as part of the complete record for each seed lot sold:
(1) the lot number or other lot identification;
(2) a copy of the genuine grower's or tree seed collector's declaration, or a similar document containing the same information;
(3) copies of invoices showing the sale of each seed lot, including the name of the person the seed was sold to, the amount sold, the date of sale, the name of the kind or the kind and variety of the seed, and the lot number;
(4) a copy of the label that was attached to or accompanied the seed lot;
(5) a copy of the field and final certification documents, if applicable;
(6) a copy of each testing report of the seed for labeling purposes; and
(7) a file sample of the seed lot which is representative of the seed lot and of sufficient size to constitute an official sample in accordance with section 201.43 of the Federal Seed Act regulations.
History:
1983 c 293 s 43; 2003 c 128 art 8 s 11; 2020 c 89 art 2 s 11