reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.311 — Damages For Administrative Action Without Cause.

18D.311 DAMAGES FOR ADMINISTRATIVE ACTION WITHOUT CAUSE.
If the commissioner did not have probable cause for an administrative action, including the issuance of a stop-sale, stop-use, or removal order, a court may allow recovery for damages caused by the administrative action.
History:
1989 c 326 art 7 s 10
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.315 — Administrative Penalties.

18D.315 ADMINISTRATIVE PENALTIES.
Subdivision 1.
Assessment.
(a) In determining the amount of the administrative penalty, the commissioner shall consider the economic gain received by the person allowing or committing the violation, the gravity of the violation in terms of actual or potential damage to human health and the environment, and the violator's culpability, good faith, and history of violations.
(b) The commissioner may assess an administrative penalty of up to $1,500 per day for a violation of a corrective action order or remedial action order.
(c) An administrative penalty may be assessed if the person subject to a corrective action order or remedial action order does not comply with the order in the time provided in the order. The commissioner must state the amount of the administrative penalty in the corrective action order or remedial action order.
Subd. 2.
Collection of penalty.
(a) If a person subject to an administrative penalty fails to pay the penalty, which must be part of a final order by the commissioner, by 30 days after the final order is issued, the commissioner may commence a civil action for double the assessed penalty plus attorney fees and costs.
(b) An administrative penalty may be recovered in a civil action in the name of the state brought in the district court of the county where the violation is alleged to have occurred or the district court where the commissioner has an office.
History:
1989 c 326 art 7 s 11
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.321 — Appeal Of Commissioner's Orders.

18D.321 APPEAL OF COMMISSIONER'S ORDERS.
Subdivision 1.
Notice of appeal.
(a) After service of an order, a person has 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 chapter, the state Office of Administrative Hearings shall conduct a hearing in accordance with the applicable provisions of chapter 14 for hearings in contested cases. For contested corrective action orders, the state Office of Administrative Hearings shall conduct an administrative hearing not later than 14 days after notification that a corrective action order is contested.
Subd. 3.
Judicial review.
Judicial review of a final decision in a contested case is available as provided in chapter 14.
History:
1989 c 326 art 7 s 12; 1990 c 597 s 8; 2023 c 43 art 2 s 41
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.323 — Crediting Of Penalties, Fees, And Costs.

18D.323 CREDITING OF PENALTIES, FEES, AND COSTS.
Except for money repaid to the agricultural chemical response and reimbursement account under section 18E.04, subdivision 6, penalties, cost reimbursements, fees, and other moneys collected under this chapter must be deposited into the state treasury and credited to the appropriate pesticide or fertilizer regulatory account.
History:
1990 c 597 s 9
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.325 — Civil Penalties.

18D.325 CIVIL PENALTIES.
Subdivision 1.
General penalty.
Except as provided in subdivisions 2 and 3, a person who violates this chapter, chapter 18B, 18C, or 18F or a special order, standard, stipulation, agreement, or schedule of compliance of the commissioner is subject to a civil penalty of up to $7,500 per day of violation as determined by the court.
Subd. 2.
Disposal that becomes hazardous waste.
A person who violates a provision of this chapter, chapter 18B, 18C, or 18F or a special order, standard, stipulation, agreement, or schedule of compliance of the commissioner that relates to disposal of agricultural chemicals so that they become hazardous waste, is subject to the penalties in section 115.071.
Subd. 3.
Defense to civil remedies and damages.
As a defense to a civil penalty or claim for damages under subdivisions 1 and 2, the defendant may prove that the violation was caused solely by an act of God, an act of war, or an act or failure to act that constitutes sabotage or vandalism, or any combination of these defenses.
Subd. 4.
Actions to compel performance.
In an action to compel performance of an order of the commissioner to enforce a provision of this chapter, the court may require a defendant adjudged responsible to perform the acts within the person's power that are reasonably necessary to accomplish the purposes of the order.
Subd. 5.
Recovery of penalties by civil action.
The civil penalties and payments provided for in this section may be recovered by a civil action brought by the county attorney or the attorney general in the name of the state.
History:
1989 c 326 art 7 s 13; 1991 c 250 s 23,24
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.331 — Criminal Penalties.

18D.331 CRIMINAL PENALTIES.
Subdivision 1.
General violation.
Except as provided in subdivisions 2 and 3, a person is guilty of a misdemeanor if the person violates a provision of this chapter, chapter 18B, 18C, or 18F or a special order, standard, stipulation, agreement, or schedule of compliance of the commissioner.
Subd. 2.
Violation endangering humans.
A person is guilty of a gross misdemeanor if the person violates a provision of this chapter, chapter 18B, 18C, or 18F or a special order, standard, stipulation, agreement, or schedule of compliance of the commissioner, and the violation endangers humans.
Subd. 3.
Violation with knowledge.
A person is guilty of a gross misdemeanor if the person knowingly violates a provision of this chapter, chapter 18B, 18C, or 18F or a standard, special order, stipulation, agreement, or schedule of compliance of the commissioner.
Subd. 4.
Disposal that becomes hazardous waste.
A person who knowingly disposes of an agricultural chemical in violation of this chapter, chapter 18B or 18C, or a standard, special order, stipulation agreement, or schedule of compliance of the commissioner and the agricultural chemical is hazardous waste is subject to the penalties in section 609.671, subdivision 4.
Subd. 5.
[Repealed, 2005 c 136 art 7 s 22]
History:
1989 c 326 art 7 s 14; 1991 c 250 s 25-27; 1991 c 347 art 3 s 1; 2000 c 477 s 21
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18D — Agricultural Chemical Liability › Section 18D.40 — Enhanced Penalties; Outdoor Recreation Lands.

18D.40 ENHANCED PENALTIES; OUTDOOR RECREATION LANDS.
Notwithstanding limitations placed on administrative or civil penalty amounts under sections 18D.315 and 18D.325, a person who applies a pesticide resulting in damage to adjacent property that is part of the state outdoor recreation system may be subject to a monetary penalty equal to twice the amount that the commissioner would otherwise assess for a comparable violation.
History:
1Sp2019 c 1 art 2 s 9
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18E — Agricultural Chemical Response And Reimbursement › Section 18E.035 — Financial Security; Municipal Airports.

18E.035 FINANCIAL SECURITY; MUNICIPAL AIRPORTS.
As a condition for the use of space or facilities for the storage, handling, or distribution of agricultural chemicals on the grounds of a municipal airport, a licensed aerial pesticide applicator shall hold the owner of the airport harmless for any expenses to cover necessary corrective actions caused by the applicator.
History:
1999 c 231 s 43
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18E — Agricultural Chemical Response And Reimbursement › Section 18E.05 — Agricultural Chemical Response Compensation Board.

18E.05 AGRICULTURAL CHEMICAL RESPONSE COMPENSATION BOARD.
Subdivision 1.
Membership.
(a) The Agricultural Chemical Response Compensation Board is created to consist of the commissioner of agriculture, the commissioner of commerce, and three private industry members consisting of: one representative of agricultural chemical manufacturers and wholesalers; one representative of farmers; and one representative of dealers who sell the agricultural chemicals at retail. The governor shall appoint the private industry members. Appointment, vacancies, removal, terms, and payment of compensation and expenses of members, but not expiration of the board itself, are governed by section 15.0575.
(b) The commissioner of agriculture shall provide staff to support the activities of the board.
(c) The board shall adopt rules regarding its practices and procedures, the application form and procedures for determining eligibility for and the amount of reimbursement, and procedures for investigation of claims.
Subd. 2.
Duties.
The board shall:
(1) accept applications for reimbursement from the account;
(2) determine the eligibility of applicants for reimbursement;
(3) determine the amount of reimbursement due each eligible applicant and the reimbursement payment schedule where applicable; and
(4) order reimbursement and notify the commissioner of the eligible person, the amount of reimbursement due, and the payment schedule, if any.
Subd. 3.
Procedures.
The board must receive a completed application at least 30 days before a board meeting in order for a request for reimbursement or payment to be considered at that meeting, unless the applicant and the commissioner agree to a longer time period. The board may waive the 30-day requirement if it determines that undue financial hardship to the applicant will result if action is delayed until the next regular meeting. The board must act upon a completed application request at the next regular board meeting, unless additional information is required from the applicant or the commissioner. If the board denies reimbursement or payment, its decision may be appealed in a contested case proceeding under chapter 14.
History:
1989 c 326 art 8 s 5; 1991 c 355 s 5; 1996 c 305 art 2 s 3
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18E — Agricultural Chemical Response And Reimbursement › Section 18E.06 — Report.

18E.06 REPORT.
By December 1 of each year, the Agricultural Chemical Response Compensation Board and the commissioner shall submit to the house of representatives Committee on Ways and Means, the senate Committee on Finance, the house of representatives and senate committees with jurisdiction over the environment, natural resources, and agriculture, and the Environmental Quality Board a report detailing the board's activities and reimbursements and the expenditures and activities associated with the commissioner's incident response program for which money from the account has been spent during the previous year.
History:
1989 c 326 art 8 s 6; 1993 c 4 s 13; 1994 c 557 s 10; 1999 c 86 art 3 s 6; 2002 c 373 s 16; 2009 c 94 art 1 s 68
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18F — Genetically Engineered Organisms › Section 18F.01 — Purpose.

18F.01 PURPOSE.
The purpose of sections 18F.01 to 18F.13 is to establish conditions for the release of certain genetically engineered agriculturally related organisms to protect humans and the environment from the potential for significant adverse effects of those releases.
History:
1991 c 250 s 1; 1994 c 454 s 1; 2023 c 43 art 2 s 42
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18F — Genetically Engineered Organisms › Section 18F.02 — Definitions.

18F.02 DEFINITIONS.
Subdivision 1.
Scope.
As used in sections 18F.01 to 18F.13, the terms defined in this section have the meanings given them.
Subd. 2.
MS 2022 [Repealed, 2023 c 43 art 2 s 142]
Subd. 2a.
Agriculturally related organism.
"Agriculturally related organism" means any organism that is used in agricultural production or processing of agricultural products. It includes livestock and livestock products; dairy animals and dairy products; poultry and poultry products; domestic fur-bearing animals; animal feeds; horticultural stock; nursery stock, as defined in section 18G.02, subdivision 17; fruit; vegetables; forage grain; wild rice; seeds; bees; apiary products; and products for the control or mitigation of noxious weeds. It excludes vaccines and drugs for use in humans; genetic engineering of human germ cells and human somatic cells intended for use in human gene therapy; vaccines for use in livestock, dairy animals, poultry, domestic fur-bearing animals, or private aquatic life; genetically engineered wild animals; and forestry products.
Subd. 3.
Commissioner.
"Commissioner" means the commissioner of agriculture or an agent authorized by the commissioner.
Subd. 3a.
Coordinated Framework.
"Coordinated Framework" means the federal Coordinated Framework for the Regulation of Biotechnology set forth in Federal Register, volume 51, pages 23,302 to 23,350 (June 26, 1986), as amended.
Subd. 4.
Genetic engineering.
"Genetic engineering" means the introduction of new genetic material to an organism or the regrouping of an organism's genes using techniques or technology designed by humans. This does not include selective breeding, hybridization, or nondirected mutagenesis.
Subd. 5.
Genetically engineered organism.
"Genetically engineered organism" means an organism that has been modified directly or indirectly using genetic engineering.
Subd. 6.
Organism.
"Organism" means an animal, plant, bacterium, cyanobacterium, fungus, protist, or virus.
Subd. 7.
[Repealed, 1994 c 454 s 14]
Subd. 7a.
Regulated organism.
"Regulated organism" means a genetically engineered organism that is not exempt from federal regulations or that is not yet authorized for commercial use by the appropriate federal agency in the Coordinated Framework.
Subd. 8.
Release.
"Release" means the placement or use of a genetically engineered organism outside a contained laboratory, greenhouse, building, structure, or other similar facility or under other conditions not specifically determined by the commissioner to be adequately contained.
Subd. 9.
MS 2022 [Repealed, 2023 c 43 art 2 s 142]
History:
1991 c 250 s 2; 1994 c 454 s 2-4; 2004 c 228 art 1 s 12; 2023 c 43 art 2 s 43,44
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18F — Genetically Engineered Organisms › Section 18F.04 — Powers And Duties Of Commissioner.

18F.04 POWERS AND DUTIES OF COMMISSIONER.
The commissioner shall administer, implement, and enforce sections 18F.01 to 18F.13. The Board of Animal Health shall be consulted on permits that relate to livestock and domestic animals.
History:
1991 c 250 s 3; 1994 c 454 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18F — Genetically Engineered Organisms › Section 18F.07 — Genetically Engineered Agriculturally Related Organism Permit.

18F.07 GENETICALLY ENGINEERED AGRICULTURALLY RELATED ORGANISM PERMIT.
Subdivision 1.
Requirement.
A person may not conduct a release of a genetically engineered agriculturally related organism until a permit for the release has been obtained from the United States Department of Agriculture (USDA) or Environmental Protection Agency (EPA) unless the organism is exempt from regulation by the applicable agency under the Coordinated Framework. The commissioner may accept a USDA or an EPA permit or may review a USDA or an EPA permit and add additional requirements to ensure that the proposed release of a genetically engineered agriculturally related organism would not create a hazard to the agricultural, forest, or horticultural interests of this state or the state's general environmental quality.
Subd. 2.
Permit review.
(a) If the commissioner reviews a USDA or an EPA permit, the commissioner may recommend terms and conditions, including but not limited to the period for the genetically engineered agriculturally related organism permit, the amount or number of genetically engineered agriculturally related organisms to be used, monitoring activities, department inspection schedules, reporting of experiment results, and experiment termination procedures. After a genetically engineered agriculturally related organism permit is issued, the commissioner must inform the permitting agency if the permit terms or conditions are being violated or are inadequate to avoid unreasonable adverse effects on the environment.
(b) The commissioner may request that the USDA or EPA not issue a permit if the commissioner determines that the release of the genetically engineered agriculturally related organism would create a hazard to the agricultural, forest, or horticultural interests of this state or the state's general environmental quality.
(c) The commissioner shall publish a notice of the proposed release at the earliest opportunity in the EQB Monitor and shall notify the chair of the county board and, if applicable, the Tribal council of any reservation where the organism will be released.
Subd. 3.
Application.
A person shall file an application for a genetically engineered agriculturally related organism permit with the appropriate federal agency in the Coordinated Framework, unless exempted as set forth in section 18F.13.
Subd. 4.
MS 2022 [Repealed by amendment, 2023 c 43 art 2 s 45]
History:
1991 c 250 s 4; 1994 c 454 s 6; 2023 c 43 art 2 s 45
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18F — Genetically Engineered Organisms › Section 18F.13 — Exemptions.

18F.13 EXEMPTIONS.
The commissioner must recognize federal exemptions for the regulation of genetically engineered organisms. The commissioner must allow the commercial use of agriculturally related genetically engineered organisms, pesticides, fertilizers, soil amendments, or plant amendments that have been deregulated by any federal agency.
History:
1994 c 454 s 8; 2023 c 43 art 2 s 46
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18G — Plant Protection And Export Certification › Section 18G.01 — Plant Protection; Powers Of Commissioner.

18G.01 PLANT PROTECTION; POWERS OF COMMISSIONER.
(a) This chapter authorizes the commissioner to abate, suppress, eradicate, prevent, or otherwise regulate the introduction or establishment of plant pests that threaten Minnesota's agricultural, forest, or horticultural interests or the general ecological quality of the state.
(b) The commissioner may employ entomologists, plant pathologists, and other qualified employees necessary to administer and enforce this chapter.
History:
2003 c 128 art 4 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18G — Plant Protection And Export Certification › Section 18G.03 — Powers And Duties Of Commissioner.

18G.03 POWERS AND DUTIES OF COMMISSIONER.
Subdivision 1.
Entry and inspection.
(a) The commissioner may enter and inspect a public or private place that might harbor plant pests and may require that the owner destroy or treat plant pests, plants, or other material.
(b) If the owner fails to properly comply with a directive of the commissioner, the commissioner may have any necessary work done at the owner's expense. The commissioner shall notify the owner of the deadline for paying those expenses. If the owner does not reimburse the commissioner for an expense within a time specified by the commissioner, the expense is a charge upon the county as provided in subdivision 4.
(c) If a plant pest infestation or infection threatens plants of an area in the state, the commissioner may take any measures necessary to eliminate or alleviate the potential significant damage or harm.
(d) The commissioner may collect fees required by this chapter.
(e) The commissioner may issue and enforce written or printed "stop-sale" orders, compliance agreements, and other directives and requests to the owner or custodian of any plants or articles infested or infected with a plant pest.
Subd. 2.
Rules.
The commissioner may adopt rules to carry out the purposes of this chapter.
Subd. 3.
Quarantine.
The commissioner may impose a quarantine to restrict or prohibit the transportation or distribution of plants or other materials capable of carrying plant pests into or through any part of this state.
Subd. 4.
Collection of charges for work done for owner.
If the commissioner incurs an expense in conjunction with carrying out subdivision 1 and is not reimbursed by the owner of the land, the expense is a legal charge against the land. After the expense is incurred, the commissioner shall file verified and itemized statements of the cost of all services rendered with the county auditor of the county in which the land is located. The county auditor shall place a lien in favor of the commissioner against the land involved, which must be certified by the county auditor and collected according to section 429.101.
Subd. 5.
Certain species not subject to chapter 18G.
This chapter does not apply to exotic aquatic plants and wild animal species regulated under chapter 84D.
History:
2003 c 128 art 4 s 3; 1Sp2005 c 1 art 1 s 28; 2007 c 57 art 1 s 15; 2023 c 43 art 2 s 57
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18G — Plant Protection And Export Certification › Section 18G.04 — Eradication, Control, And Abatement Of Nuisances; Issuing Control Orders.

18G.04 ERADICATION, CONTROL, AND ABATEMENT OF NUISANCES; ISSUING CONTROL ORDERS.
Subdivision 1.
Public nuisance.
Any premises, plant, appliance, conveyance, or article that is infected or infested with plant pests that may cause significant damage or harm and any premises where any plant pest is found is a public nuisance and must be prosecuted as a public nuisance in all actions and proceedings. All legal remedies for the prevention and abatement of a nuisance apply to a public nuisance under this section. It is unlawful for any person to maintain a public nuisance.
Subd. 2.
Control order.
In order to prevent the introduction or spread of plant pests, the commissioner may issue orders for necessary control measures. These orders may indicate the type of specific control to be used, the compound or material, the manner or the time of application, and who is responsible for carrying out the control order. Control orders may include directions to control or abate the plant pest to an acceptable level; eradicate the plant pest; restrict the movement of the plant pest or any material, article, appliance, plant, or means of conveyance suspected to be carrying the plant pest; or destroy plants or plant products infested or infected with a plant pest. Material suspected of being infested or infected with a plant pest may be confiscated by the commissioner.
History:
2003 c 128 art 4 s 4; 2023 c 43 art 2 s 58
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18G — Plant Protection And Export Certification › Section 18G.05 — Discovery Of Plant Pests; Official Marking Of Infested Or Infected Articles.

18G.05 DISCOVERY OF PLANT PESTS; OFFICIAL MARKING OF INFESTED OR INFECTED ARTICLES.
Upon knowledge of the existence of a plant pest within the state, the commissioner may conspicuously mark all plants, infested areas, materials, and articles known or suspected to be infected or infested with the plant pest. An entity or individual in possession of the premises or area in which the existence of the plant pest is suspected must be notified by the commissioner with prescribed control measures. An entity or individual must comply with the commissioner's control order within the prescribed time. If the commissioner determines that satisfactory control or mitigation of the pest has been achieved, the order must be released.
History:
2003 c 128 art 4 s 5; 2023 c 43 art 2 s 59
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18G — Plant Protection And Export Certification › Section 18G.07 — Tree Care And Tree Trimming Company Registration.

18G.07 TREE CARE AND TREE TRIMMING COMPANY REGISTRATION.
Subdivision 1.
Creation of registry.
(a) The commissioner shall maintain a list of all persons, businesses, and companies that employ persons who provide tree care or tree trimming services in Minnesota. All commercial tree care providers, tree trimmers, and employers that direct employees to remove trees, limbs, branches, brush, or shrubs for hire must be registered with the commissioner.
(b) Persons or companies who are required to be registered under paragraph (a) must register annually by providing the following to the commissioner:
(1) accurate and up-to-date business name, address, and telephone number;
(2) a complete list of all Minnesota counties in which they work; and
(3) a nonrefundable fee of $25 for initial application or renewing the registration.
(c) All persons and companies required to be registered under paragraph (a) must register before conducting the activities specified in paragraph (a). Annual registration expires December 31, must be renewed annually, and the renewal fee remitted by January 1 of the year for which it is issued. In addition, a penalty of ten percent of the renewal fee due must be charged for each month, or portion of a month, that the fee is delinquent up to a maximum of 30 percent for any application for renewal postmarked after December 31.
Subd. 2.
Information dissemination.
The commissioner shall provide registered tree care companies with information and data regarding any existing or potential regulated forest pest infestations within the state.
Subd. 3.
Violation.
It is unlawful for a person to advertise tree care or tree trimming services in Minnesota without being registered with the commissioner.
History:
2003 c 128 art 4 s 7; 2010 c 333 art 1 s 10; 2012 c 244 art 1 s 8
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18G — Plant Protection And Export Certification › Section 18G.09 — Shipment Of Plant Pests And Biological Control Agents.

18G.09 SHIPMENT OF PLANT PESTS AND BIOLOGICAL CONTROL AGENTS.
(a) A person may not sell, offer for sale, move, convey, transport, deliver, ship, or offer for shipment any plant pest, noxious weed, or biological control agent without a permit from the United States Department of Agriculture, Animal and Plant Health Inspection Service or its state equivalent. A permit may be issued only after the commissioner determines that the proposed shipment or use will not create a hazard to the agricultural, forest, or horticultural interests of this state or the state's general environmental quality. For interstate movement, the permit must be affixed conspicuously to the exterior of each shipping container, box, package, or appliance; accompany each shipping container, box, package, or appliance; or comply with other directions of the commissioner. Shipping containers must be escape-proof and the commissioner shall specify labeling and shipping protocols.
(b) This section does not apply to:
(1) intrastate shipments of federal- or state-approved biological control agents used in this state for control of plant pests; and
(2) interstate shipments of organisms that the United States Department of Agriculture has specifically identified as not needing a permit for movement.
History:
2003 c 128 art 4 s 8; 2020 c 89 art 4 s 6
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18G — Plant Protection And Export Certification › Section 18G.11 — Cooperation With Other Jurisdictions.

18G.11 COOPERATION WITH OTHER JURISDICTIONS.
Subdivision 1.
Detection and control agreements.
The commissioner may enter into cooperative agreements with organizations, entities, civic groups, governmental agencies, or other organizations to adopt and execute plans to detect and control areas infested or infected with plant pests. The cooperative agreements may include provisions of joint funding of any control treatment.
If a plant pest infestation or infection occurs and cannot be adequately controlled by individuals, entities, owners, tenants, or local units of government, the commissioner may conduct the necessary control measures independently or on a cooperative basis with federal or other units of government.
Subd. 2.
New and emerging plant pest programs.
The commissioner may make grants to municipalities or enter into contracts with municipalities, nurseries, colleges, universities, state or federal agencies in connection with new or emerging plant pests programs, including research, or any other organization with the legal authority to enter into contractual agreements.
History:
2003 c 128 art 4 s 10; 2007 c 57 art 1 s 16; 2023 c 43 art 2 s 65
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18G — Plant Protection And Export Certification › Section 18G.12 — Invasive Species Management And Investigation.

18G.12 INVASIVE SPECIES MANAGEMENT AND INVESTIGATION.
Subdivision 1.
Plant pest and invasive species research.
The commissioner shall conduct research to prevent the introduction or spread of plant pests that are also terrestrial invasive species into the state and to investigate the feasibility of their control or eradication.
Subd. 2.
Statewide program.
The commissioner shall establish a statewide program to prevent the introduction and the spread of plant pests that are also terrestrial invasive species. To the extent possible, the program must provide coordination of efforts among governmental entities and private organizations.
Subd. 3.
Invasive species management plan.
The commissioner shall prepare and maintain a long-term terrestrial invasive species management plan which may include specific plans for individual species. The plan must address:
(1) coordination strategies for detection and prevention of accidental introductions;
(2) methods to disseminate information about harmful invasive species to the general public and appropriate agricultural and resource management agencies or organizations;
(3) coordination of control efforts for selected harmful terrestrial invasive species; and
(4) participation by local units of government and other state and federal agencies in the development and implementation of local management efforts.
Subd. 4.
Regional cooperation.
The commissioner shall seek cooperation with other states and Canadian provinces for the purposes of management and control of harmful invasive species.
Subd. 5.
[Repealed, 2009 c 94 art 1 s 107]
History:
2003 c 128 art 4 s 11; 2023 c 43 art 2 s 66,67
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18H — Nursery Law › Section 18H.04 — Adoption Of Rules.

18H.04 ADOPTION OF RULES.
The commissioner may adopt rules to carry out the purposes of this chapter. The rules may include, but are not limited to, rules in regard to labeling and the maintenance of viability and vigor of nursery stock.
History:
2003 c 128 art 5 s 3; 2023 c 43 art 2 s 90
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18H — Nursery Law › Section 18H.05 — Nursery Certificate Requirements.

18H.05 NURSERY CERTIFICATE REQUIREMENTS.
(a) No person may offer for sale or distribute certified nursery stock as a live plant dealer without first obtaining the appropriate certificate from the commissioner. The commissioner may not issue a certificate to an entity who does not sell certified nursery stock. Certificates are issued solely for these purposes and may not be used for other purposes.
(b) A certificate issued by the commissioner expires on December 31 of the year it is issued.
(c) An entity required to be certified by this section must apply for a certificate or for renewal on a form established by the commissioner that must contain:
(1) the name, address, and contact information of the applicant;
(2) the assumed business name of the applicant;
(3) the address of the sales location;
(4) the address or geographical description of any additional location where nursery stock will be handled, if applicable; and
(5) the source or sources of purchased nursery stock.
(d) No entity may:
(1) falsely claim to be a certified live plant dealer;
(2) make willful false statements when applying for a certificate; or
(3) sell or distribute certified nursery stock to an uncertified live plant dealer who is required to be certified.
(e) Each application for a certificate must be accompanied by the appropriate certificate fee under section 18H.07.
(f) Certificates issued by the commissioner should be prominently displayed to the public in the place of business where certified nursery stock is sold or distributed.
(g) The commissioner may refuse to issue a certificate for cause.
(h) Each live plant dealer is entitled to one sales location under the certificate. Each additional sales location maintained by the entity requires the payment of the full certificate fee.
(i) A certificate is personal to the applicant and may not be transferred. A new certificate is necessary if the business entity is changed or if the membership of a partnership is changed, whether or not the business name is changed.
(j) The certificate issued to a live plant dealer applies to the particular premises named in the certificate. However, if prior approval is obtained from the commissioner, the place of business may be moved to the other premises or location without an additional certificate fee.
(k) A collector of nursery stock from the wild is required to obtain a live plant dealer certificate from the commissioner and is subject to all the requirements that apply to the inspection of nursery stock. All collected nursery stock must be labeled as "collected from the wild."
History:
2003 c 128 art 5 s 4; 1Sp2005 c 1 art 1 s 47; 2023 c 43 art 2 s 91,92
NOTE:
The amendment to this section by Laws 2023, chapter 43, article 2, section 91, is effective January 1, 2025. Laws 2023, chapter 43, article 2, section 91, the effective date.
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18H — Nursery Law › Section 18H.06 — Exempt Nursery Sales.

18H.06 EXEMPT NURSERY SALES.
Subdivision 1.
MS 2022 [Repealed, 2023 c 43 art 2 s 142]
Subd. 2.
Occasional sales.
(a) An individual may offer nursery stock for sale and be exempt from the requirement to obtain a nursery stock certificate if:
(1) the gross sales of all nursery stock in a calendar year do not exceed $1,000;
(2) all nursery stock sold or distributed by the individual is intended for planting in Minnesota;
(3) all nursery stock sold or distributed was grown by the individual in Minnesota; and
(4) the individual conducts sales or distributions of nursery stock on ten or fewer days in a calendar year.
(b) The commissioner may prescribe the conditions of the exempt nursery sales under this subdivision and may conduct routine inspections of the nursery stock offered for sale.
History:
2003 c 128 art 5 s 5; 1Sp2005 c 1 art 1 s 48; 1Sp2015 c 4 art 2 s 18; 2017 c 88 art 2 s 23; 2023 c 43 art 2 s 93
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18H — Nursery Law › Section 18H.08 — Small Lot Inspections; Virus Disease-free Certification; Other Services.

18H.08 SMALL LOT INSPECTIONS; VIRUS DISEASE-FREE CERTIFICATION; OTHER SERVICES.
Subdivision 1.
Services and fees.
The commissioner may make small lot inspections or perform other necessary services for which another charge is not specified. For these services, the commissioner may set a fee plus expenses that will recover the cost of performing this service. The commissioner may set an additional acreage fee for inspection of seed production fields for exporters in order to meet domestic and foreign plant quarantine requirements.
Subd. 2.
Virus disease-free certification.
The commissioner may provide special services such as virus disease-free certification and other similar programs. Participation by live plant dealers is voluntary. Plants offered for sale as certified virus-free must be grown according to certain procedures in a manner defined by the commissioner for the purpose of eliminating viruses and other injurious disease or insect pests. The commissioner shall collect reasonable fees from participating live plant dealers for services and materials that are necessary to conduct this type of work.
[See Note.]
History:
2003 c 128 art 5 s 7; 2023 c 43 art 2 s 98,99
NOTE:
The amendment to subdivision 2 by Laws 2023, chapter 43, article 2, section 99, is effective January 1, 2025. Laws 2023, chapter 43, article 2, section 99, the effective date.
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18H — Nursery Law › Section 18H.09 — Nursery Stock Certification Requirements.

18H.09 NURSERY STOCK CERTIFICATION REQUIREMENTS.
(a) All nursery stock growing at sites identified by live plant dealers and submitted for inspection must be inspected by the commissioner within the previous 12 months prior to sale and found apparently free from plant pests. The commissioner may waive a site inspection under the following conditions:
(1) the nursery stock is not going to be sold within 12 months;
(2) the nursery stock will not be moved out of Minnesota; and
(3) the nursery site or stock is not subject to certification requirements associated with a state or federally regulated or quarantined plant pest.
All nursery stock originating from out of state and offered for sale in Minnesota must have been inspected by the appropriate state or federal agency during the previous 12 months and found free from significantly dangerous or potentially damaging plant pests. A nursery stock certificate is valid from January 1 to December 31.
(b) Nursery stock must be accessible to the commissioner for inspection during regular business hours. Weeds or other growth that hinder a proper inspection are grounds to suspend or withhold a certificate or require a reinspection for which a fee may be charged.
(c) Inspection reports issued to live plant dealers must contain a list of the plant pests found at the time of inspection. Withdrawal-from-distribution or other orders are considered part of the inspection reports. A withdrawal-from-distribution or other order must contain a list of plants withdrawn from distribution and the location of the plants.
(d) The commissioner may mark sections withdrawn from distribution or subject to other special circumstances. These marks must remain in place until the commissioner removes the marks or grants written permission to the grower to remove the marks.
(e) Inspection reports issued to live plant dealers must outline the violations involved and corrective actions to be taken including withdrawal-from-distribution orders which would specify nursery stock that could not be distributed from a certain area.
(f) Optional inspections of plants may be conducted by the commissioner upon request by any entity desiring an inspection. A fee as provided in section 18H.07 must be charged for such an inspection.
History:
2003 c 128 art 5 s 8; 1Sp2005 c 1 art 1 s 52; 2009 c 94 art 1 s 75; 2023 c 43 art 2 s 100,101
NOTE:
The amendment to this section by Laws 2023, chapter 43, article 2, section 100, is effective January 1, 2025. Laws 2023, chapter 43, article 2, section 100, the effective date.
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18H — Nursery Law › Section 18H.10 — Storage Of Nursery Stock.

18H.10 STORAGE OF NURSERY STOCK.
(a) All nursery stock must be kept and displayed under conditions of temperature, light, and moisture sufficient to maintain the viability and vigor of the nursery stock.
(b) Packaged nursery stock must be stored under conditions that retard growth, prevent etiolated growth, and protect its viability.
(c) Balled and burlapped nursery stock being held for sale must be kept in a moisture-holding material approved by the commissioner and not toxic to plants. The moisture-holding material must adequately cover and protect the ball of earth and must be kept moist at all times. The commissioner may approve alternative nursery stock management practices to maintain the viability of balled and burlapped stock.
History:
2003 c 128 art 5 s 9; 2009 c 94 art 1 s 76; 2012 c 244 art 1 s 13; 2019 c 38 s 7; 2023 c 43 art 2 s 102
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18H — Nursery Law › Section 18H.11 — Nursery Stock Standards.

18H.11 NURSERY STOCK STANDARDS.
The American Standard for Nursery Stock, ANSI Z60.1, published by the Nursery and Landscape Association, must be used by the commissioner in determining standards and grades of nursery stock when not in conflict with this chapter.
History:
2003 c 128 art 5 s 10
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18H — Nursery Law › Section 18H.12 — Damaged, Diseased, Infested, Or Misrepresented Stock.

18H.12 DAMAGED, DISEASED, INFESTED, OR MISREPRESENTED STOCK.
(a) No entity may knowingly offer to distribute, advertise, or display nursery stock that is infested or infected with plant pests or nursery stock that is in a dying condition, desiccated, frozen or damaged by freezing, or materially damaged in any way.
(b) No entity may knowingly offer to distribute, advertise, or display nursery stock that may result in the capacity and tendency or effect of deceiving any purchaser or prospective purchaser as to the quantity, size, grade, kind, species name, age, variety, maturity, condition, vigor, hardiness, number of times transplanted, growth ability, growth characteristics, rate of growth, time required before flowering or fruiting, price, origin, place where grown, or any other material respect.
(c) Upon discovery or notification of damaged, diseased, infested, or misrepresented stock, the commissioner may place a stop sale and a withdrawal from distribution order on the material. The order makes it an illegal action to distribute, give away, destroy, alter, or tamper with the plants.
(d) The commissioner may conspicuously mark all plants, materials, and articles known or suspected to be infected or infested with plant pests. The commissioner shall notify the persons, owners, or the tenants in possession of the premises or area in question of the existence of the plant pests.
(e) If the commissioner determines that this chapter has been violated, the commissioner may order that the nuisance, infestation, infection, or plant pest be abated by whatever means necessary, including, but not limited to, destruction, confiscation, treatment, return shipment, or quarantine.
(f) The plant owner is liable for all costs associated with a stop order or a quarantine, treatment, or destruction of plants. The commissioner is not liable for any actual or incidental costs incurred by an entity due to authorized actions of the commissioner. The commissioner must be reimbursed by the owner of plants for actual expenses incurred by the commissioner in carrying out a stop order.
History:
2003 c 128 art 5 s 11; 2023 c 43 art 2 s 103
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 18H — Nursery Law › Section 18H.13 — Shipment Of Nursery Stock Into Minnesota.

18H.13 SHIPMENT OF NURSERY STOCK INTO MINNESOTA.
Subdivision 1.
Identification of origin.
Proof of valid nursery certification and origin of all nursery stock must accompany any shipment. It is the shared responsibility of both the consignee and consignor to examine all shipments for the presence of current and applicable nursery stock certifications for all plant material from all sources of stock in each shipment.
Subd. 2.
Reciprocity.
An entity residing outside the state may distribute nursery stock in Minnesota if:
(1) the entity is duly certified under the nursery laws of the state where the nursery stock originates and the laws of that state are essentially equivalent to the laws of Minnesota as determined by the commissioner; and
(2) the entity complies with this chapter and the rules governing nursery stock distributed in Minnesota.
Subd. 3.
Reciprocal agreements.
The commissioner may cooperate with and enter into reciprocal agreements with other states regarding licensing and movement of nursery stock. Reciprocal agreements with other states do not prevent the commissioner from prohibiting the distribution in Minnesota of any nursery stock that fails to meet minimum criteria for nursery stock of Minnesota certified live plant dealers. An official directory of certified nurseries and related nursery industry businesses from other states is acceptable in lieu of individual nursery certificates.
[See Note.]
Subd. 4.
Foreign nursery stock.
An entity receiving a shipment of nursery stock from a foreign country that has not been inspected and released by the United States Department of Agriculture at the port of entry must notify the commissioner of the arrival of the shipment, its contents, and the name of the consignor. The entity must hold the shipment unopened until inspected or released by the commissioner.
Subd. 5.
Transportation companies.
An entity who acts as the representative of a transportation company, private carrier, commercial shipper, common carrier, express parcel carrier, or other transportation entity, and receives, ships, or otherwise distributes a carload, box, container, or any package of plants, plant materials, or nursery stock, that does not have all required certificates attached as required or fails to immediately notify the commissioner is in violation of this chapter.
History:
2003 c 128 art 5 s 12; 1Sp2005 c 1 art 1 s 53; 2023 c 43 art 2 s 104,105
NOTE:
The amendment to subdivision 3 by Laws 2023, chapter 43, article 2, section 105, is effective January 1, 2025. Laws 2023, chapter 43, article 2, section 105, the effective date.