reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.445 — Inspections And Services; Fees.

17.445 INSPECTIONS AND SERVICES; FEES.
Subdivision 1.
Definitions.
For the purposes of this section, the definitions in this subdivision have the meanings given them.
(a) "Apiary" means a place where a collection of one or more hives or colonies of bees or the nuclei of bees are kept.
(b) "Bee equipment" means hives, supers, frames, veils, gloves, and any apparatus, tool, machine, vehicle, or other device used in the handling, moving, or manipulating of bees, honey, wax, or hives, including containers of honey or wax, which may be used in an apiary or in transporting bees and their products and apiary supplies.
(c) "Bees" means any stage of the common honey bee, Apis mellifera (L).
(d) "Commissioner" means the commissioner of agriculture or the commissioner's designees or authorized agents.
Subd. 2.
Purpose.
To ensure continued access to foreign and domestic markets, the commissioner shall provide requested bee inspections and other necessary services.
Subd. 3.
Inspections and other services.
On request, the commissioner may make inspections for sale of bees, bee equipment, or appliances or perform other necessary services.
Subd. 4.
Fees.
The commissioner shall charge a fee or charge for expenses so as to recover the cost of performing the inspections and services in subdivision 3. If a person for whom these inspections or services are to be performed requests it, the commissioner shall provide to the person in advance an estimate of the fees or expenses that will be charged. All fees and charges collected under this section shall be deposited in the state treasury and credited to the agricultural fund. Revenue from inspection fees and other charges deposited in the agricultural fund, including any interest earned, is appropriated to the commissioner to perform the services provided for under this section.
History:
2006 c 265 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.452 — Farm-raised Cervidae.

17.452 FARM-RAISED CERVIDAE.
Subdivision 1.
[Repealed, 2014 c 181 s 14]
Subd. 2.
[Repealed, 2014 c 181 s 14]
Subd. 3.
[Repealed, 1997 c 7 art 2 s 67]
Subd. 4.
Farmed Cervidae are livestock.
Farmed Cervidae are livestock and are not wild animals for purposes of game farm, hunting, or wildlife laws. Farmed Cervidae and their products are farm products and livestock for purposes of financial transactions and collateral.
Subd. 5.
Raising farmed Cervidae is an agricultural pursuit.
Raising farmed Cervidae is agricultural production and an agricultural pursuit.
Subd. 5a.
Other applicable definitions.
The definitions in section 35.153 apply to this section.
Subd. 6.
[Repealed, 1Sp2005 c 1 art 1 s 98]
Subd. 6a.
[Repealed, 1Sp2005 c 1 art 1 s 98]
Subd. 7.
[Repealed, 1Sp2005 c 1 art 1 s 98]
Subd. 8.
Slaughter.
Farmed Cervidae must be slaughtered and inspected in accordance with chapters 31 and 31A or the United States Department of Agriculture voluntary program for exotic animals, Code of Federal Regulations, title 9, part 352.
Subd. 9.
Sales of farmed Cervidae and meat products.
Persons selling or buying farmed Cervidae sold as livestock, sold for human consumption, or sold for slaughter must comply with chapters 17A, 31, 31A, and 31B.
Subd. 10.
[Repealed, 1Sp2005 c 1 art 1 s 98]
Subd. 11.
[Repealed, 1Sp2005 c 1 art 1 s 98]
Subd. 12.
[Repealed, 1Sp2005 c 1 art 1 s 98]
Subd. 13.
[Repealed, 1Sp2005 c 1 art 1 s 98]
Subd. 13a.
[Repealed, 1Sp2005 c 1 art 1 s 98]
Subd. 14.
[Repealed, 1Sp2005 c 1 art 1 s 98]
Subd. 15.
[Repealed, 1Sp2005 c 1 art 1 s 98]
Subd. 16.
[Repealed, 1Sp2005 c 1 art 1 s 98]
History:
1993 c 375 art 9 s 2; 1995 c 39 s 2,3; 1999 c 86 art 2 s 1; 2002 c 373 s 2,3; 2003 c 128 art 3 s 6-13; 1Sp2005 c 1 art 1 s 10
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.453 — Definitions.

17.453 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to this section and section 17.454.
Subd. 2.
Owner.
"Owner" means a person who owns or is responsible for the raising of Ratitae.
Subd. 3.
Ratitae.
"Ratitae" means members of the Ratitae family (including ostriches, emus, and rheas) that are raised for the purpose of producing fiber, meat, or animal by-products or as breeding stock.
History:
1993 c 375 art 9 s 3
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.454 — Ratitae.

17.454 RATITAE.
Subdivision 1.
Ratitae are livestock.
Ratitae are livestock and are not wild animals for purposes of hunting or wildlife laws. Ratitae and their products are farm products and livestock for purposes of financial transactions and collateral.
Subd. 2.
Raising Ratitae is an agricultural pursuit.
Raising Ratitae is agricultural production and an agricultural pursuit.
Subd. 3.
Sales of Ratitae and meat products.
Persons selling or buying Ratitae sold as livestock, sold for human consumption, or sold for slaughter must comply with chapters 17A, 28A, 31, 31A, and 31B.
Subd. 4.
Slaughter.
Ratitae must be slaughtered and inspected in accordance with the United States Department of Agriculture voluntary inspection program for exotic animals, Code of Federal Regulations, title 9, part 352.
Subd. 5.
Disease inspection.
Ratitae are subject to chapter 35 and the rules of the Board of Animal Health in the same manner as livestock and domestic animals, including provisions relating to importation and transportation.
History:
1993 c 375 art 9 s 4
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.455 — Definitions.

17.455 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to this section and section 17.456.
Subd. 2.
Llama.
"Llama" means a member of the genus lama that is raised for the purpose of producing fiber, meat, or animal by-products or as breeding stock.
Subd. 3.
Owner.
"Owner" means a person who owns or is responsible for the raising of llamas.
History:
1993 c 375 art 9 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.456 — Llama.

17.456 LLAMA.
Subdivision 1.
Llamas are livestock.
Llamas are livestock and are not wild animals for purposes of hunting or wildlife laws. Llamas and their products are farm products and livestock for purposes of financial transactions and collateral.
Subd. 2.
Raising llamas is an agricultural pursuit.
Raising llamas is agricultural production and an agricultural pursuit.
Subd. 3.
Sales of llamas and meat products.
Persons selling or buying llamas sold as livestock, sold for human consumption, or sold for slaughter must comply with chapters 17A, 28A, 31, 31A, and 31B.
Subd. 4.
[Repealed, 1997 c 220 s 5]
Subd. 5.
Disease inspection.
Llamas are subject to chapter 35 and the rules of the Board of Animal Health in the same manner as livestock and domestic animals, including provisions relating to importation and transportation.
History:
1993 c 375 art 9 s 6
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.457 — Restricted Species.

17.457 RESTRICTED SPECIES.
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "Commissioner" means the commissioner of agriculture or the commissioner's designee.
(c) "Restricted species" means Eurasian wild pigs and their hybrids (
Sus scrofa
subspecies and
Sus scrofa
hybrids), excluding domestic hogs (
S. scrofa domesticus
).
(d) "Release" means an intentional introduction or accidental escape of a species from the control of the owner or responsible party.
Subd. 2.
Importation; possession; release of restricted species.
It is unlawful for a person to import, possess, propagate, transport, or release restricted species, unless the person has a permit as described in subdivision 3.
Subd. 3.
Permits.
The commissioner may issue permits for the transportation, possession, purchase, or importation of restricted species for scientific, research, educational, or commercial purposes. A permit issued under this subdivision may be revoked by the commissioner if the conditions of the permit are not met by the permittee or for any unlawful act or omission, including accidental escapes.
Subd. 4.
Notice of release of restricted species.
In the event of a release of a restricted species, the owner must notify within 24 hours a conservation officer and the Board of Animal Health and is responsible for the recovery of the species. The commissioner may capture or destroy the released animal at the owner's expense.
Subd. 5.
Enforcement.
This section may be enforced by an enforcement officer under sections 97A.205 and 97A.211 and by the commissioner under sections 17.982 to 17.984.
Subd. 6.
Penalty.
A person who violates subdivision 2, 4, or 7 is guilty of a misdemeanor.
Subd. 7.
Identification requirements.
A restricted species in the possession of a person must be marked in a permanent fashion to identify ownership. The restricted species must be marked as soon as practicable after birth or purchase.
Subd. 8.
Containment.
The commissioner, in consultation with the commissioner of natural resources, shall develop criteria for approved containment measures for restricted species.
Subd. 9.
Bond; security.
A person who possesses restricted species must provide proof of insurance or file a security bond with the commissioner in an amount determined by the commissioner to pay for the potential costs and damages that would be caused by the release of a restricted species.
Subd. 10.
Fee.
The commissioner may impose a fee for permits in an amount sufficient to cover the costs of issuing the permits and for facility inspections. The fee may not exceed $50. Fee receipts must be deposited in the general fund.
History:
1993 c 129 s 3; 1994 c 623 art 1 s 16-18,46; 1999 c 231 s 30; 1Sp2001 c 2 s 26; 2023 c 43 art 2 s 11
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.458 — Agroforestry.

17.458 AGROFORESTRY.
Subdivision 1.
Definition.
"Agroforestry" means the cultivation of short-rotation woody crops using agricultural practices to produce timber or forest products.
Subd. 2.
Agricultural pursuit.
Agroforestry is an agricultural pursuit.
History:
1997 c 216 s 23
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.459 — Horses.

17.459 HORSES.
Subdivision 1.
Classification as livestock.
Horses and other equines raised for the purposes of riding, driving, farm or ranch work, competition, racing, recreation, sale, or as breeding stock are livestock. Horses and their products are livestock and farm products for purposes of financial transactions and collateral.
Subd. 2.
Agricultural pursuit.
Raising horses and other equines is agricultural production and an agricultural pursuit. A horse breeding farm, horse training farm, horse boarding farm, or a farm combining those purposes is an agricultural operation.
Subd. 3.
[Repealed, 2012 c 203 s 3]
History:
2010 c 333 art 1 s 5; 2012 c 203 s 2
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.47 — Definitions.

17.47 DEFINITIONS.
Subdivision 1.
Scope.
The definitions in this section apply to Laws 1991, chapter 309, sections 2 to 16.
Subd. 2.
Aquaculture.
"Aquaculture" means the culture of private aquatic life for consumption or sale.
Subd. 3.
Aquatic farm.
"Aquatic farm" means a facility used for the purpose of culturing private aquatic life in waters, including but not limited to artificial ponds, vats, tanks, raceways, other indoor or outdoor facilities that an aquatic farmer owns or where an aquatic farmer has exclusive control of, or private fish hatcheries licensed under section 97C.211 for the sole purpose of processing or cultivating aquatic life.
Subd. 4.
Aquatic farmer.
"Aquatic farmer" means an individual who practices aquaculture.
Subd. 5.
[Repealed, 1996 c 310 s 1]
Subd. 6.
Department.
"Department" means the Department of Agriculture.
Subd. 7.
Private aquatic life.
"Private aquatic life" means fish, shellfish, mollusks, crustaceans, turtles, and any other aquatic animals cultured within an aquatic farm. Private aquatic life is the property of the aquatic farmer.
History:
1991 c 309 s 4; 1994 c 465 art 2 s 3; 2002 c 351 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.49 — Aquaculture Program And Promotion.

17.49 AQUACULTURE PROGRAM AND PROMOTION.
Subdivision 1.
[Repealed, 2001 c 161 s 58]
Subd. 2.
Coordination.
Aquaculture programs in the state must be coordinated through the commissioner of agriculture. The commissioner of agriculture shall direct the development of aquaculture in the state. Aquaculture research, projects, and demonstrations must be reported to the commissioner before state appropriations for the research, projects, and demonstrations are encumbered. The commissioner shall maintain a database of aquaculture research, demonstrations, and other related information pertaining to aquaculture in the state.
Subd. 2a.
Development program.
The commissioner may establish a Minnesota aquaculture development and aid program that may support applied research, demonstration, financing, marketing, promotion, broodstock development, and other services.
Subd. 3.
[Repealed, 2009 c 94 art 1 s 107]
History:
1987 c 186 s 15; 1987 c 312 art 1 s 26 subd 2; 1987 c 318 s 1; 1989 c 350 art 4 s 1; 1990 c 502 s 1,2; 1991 c 309 s 5; 1991 c 345 art 2 s 11; 1993 c 163 art 1 s 1; 1997 c 192 s 12
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.494 — Aquaculture Permits; Rules.

17.494 AQUACULTURE PERMITS; RULES.
(a) The commissioner shall act as permit or license coordinator for aquatic farmers and shall assist aquatic farmers to obtain licenses or permits.
(b) A state agency issuing multiple permits or licenses for aquaculture shall consolidate the permits or licenses required for every aquatic farm location. The Department of Natural Resources transportation permits are exempt from this requirement. State agencies shall adopt rules or issue commissioner's orders that establish permit and license requirements, approval timelines, and compliance standards. Saltwater aquatic farms, as defined in section 17.4982, and processing facilities for saltwater aquatic life, as defined in section 17.4982, must be classified as agricultural operations for purposes of any construction, discharge, or other permit issued by the Pollution Control Agency.
Nothing in this section modifies any state agency's regulatory authority over aquaculture production.
History:
1991 c 309 s 6; 2019 c 38 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.495 — Appeal Procedures.

17.495 APPEAL PROCEDURES.
A state agency that denies a license or permit to an aquatic farmer shall provide the aquatic farmer with a written notice specifying the reasons for refusal.
An aquatic farmer may appeal a state agency's denial of the license or permit in a contested case proceeding under chapter 14.
History:
1991 c 309 s 7
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.496 — Quarantine Facility; Rules.

17.496 QUARANTINE FACILITY; RULES.
By July 1, 1992, the commissioner of natural resources shall adopt rules, in consultation with the commissioner of agriculture and the Aquaculture Advisory Committee, for the construction and operation of a quarantine facility for fish eggs presently requiring quarantine and disposition of fish from the facility. Fish in a quarantine station that are determined to be disease-free under the procedures developed by the commissioner of natural resources may be bought, sold, or transported.
History:
1991 c 309 s 8
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.497 — Exotic Species Importation; Rules.

17.497 EXOTIC SPECIES IMPORTATION; RULES.
The commissioner of natural resources shall establish rules, in consultation with the commissioner of agriculture and the Aquaculture Advisory Committee, for approving or rejecting importation of "exotic" or genetically altered aquatic species to protect the integrity of the natural ecosystem and provide aquatic farmers with information that may affect business decisions.
History:
1991 c 309 s 9
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.498 — Rules; Financial Assurance.

17.498 RULES; FINANCIAL ASSURANCE.
(a) The commissioner of the Pollution Control Agency, after consultation and cooperation with the commissioners of agriculture and natural resources, shall present proposed rules to the Pollution Control Agency board prescribing water quality permit requirements for aquaculture facilities by May 1, 1992. The rules must consider:
(1) best available proven technology, best management practices, and water treatment practices that prevent and minimize degradation of waters of the state considering economic factors, availability, technical feasibility, effectiveness, and environmental impacts;
(2) classes, types, sizes, and categories of aquaculture facilities;
(3) temporary reversible impacts versus long-term impacts on water quality;
(4) effects on drinking water supplies that cause adverse human health concerns; and
(5) aquaculture therapeutics, which shall be regulated by the Pollution Control Agency.
(b) Net pen aquaculture and other aquaculture facilities with similar effects must submit an annual report to the commissioner of the Pollution Control Agency analyzing changes in water quality trends from previous years, documentation of best management practices, documentation of costs to restore the waters used for aquaculture to the trophic state existing before aquatic farming was initiated, and documentation of financial assurance in an amount adequate to pay for restoration costs. The trophic state, which is the productivity of the waters measured by total phosphorus, dissolved oxygen, algae abundance as chlorophyll-a, and secchi disk depth of light penetration, and the condition of the waters measured by raw drinking water parameters, shall be determined to the extent possible before aquatic farming is initiated. The financial assurance may be a trust fund, letter of credit, escrow account, surety bond, or other financial assurance payable to the commissioner for restoration of the waters if the permittee cannot or will not restore the waters after termination of aquatic farming operations or revocation of the permit.
(c) Information received as part of a permit application or as otherwise requested must be classified according to chapter 13. Information about processes, aquatic farming procedures, feed and therapeutic formulas and rates, and tests on aquatic farming products that have economic value is nonpublic data under chapter 13, if requested by the applicant or permittee.
History:
1991 c 309 s 10; 1999 c 86 art 3 s 4
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.4981 — General Conditions For Regulation Of Aquatic Farms.

17.4981 GENERAL CONDITIONS FOR REGULATION OF AQUATIC FARMS.
(a) Aquatic farms are licensed to culture private aquatic life. Cultured aquatic life is not wildlife. Aquatic farms must be licensed and given classifications to prevent or minimize impacts on natural resources. The purpose of sections 17.4981 to 17.4997 is to:
(1) prevent public aquatic life from entering an aquatic farm;
(2) prevent release of nonindigenous or exotic species into public waters without approval of the commissioner;
(3) protect against release of disease pathogens to public waters;
(4) protect existing natural aquatic habitats and the wildlife dependent on them; and
(5) protect private aquatic life from unauthorized taking or harvest.
(b) Private aquatic life that is legally acquired and possessed is an article of interstate commerce and may be restricted only as necessary to protect state fish and water resources.
(c) The commissioner of natural resources shall establish license and other fees as provided in section 16A.1285, subdivision 2, that would make aquaculture licensing and enforcement self-sustaining. Notwithstanding section 16A.1283, the commissioner may, by written order published in the State Register, establish the fees required by this section. The fees are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply. The commissioner shall develop best management practices for aquaculture to ensure the long-term sustainability of aquaculture and wetlands used for aquaculture, including, but not limited to, fish farming in man-made ponds.
History:
1992 c 566 s 1; 2008 c 368 art 2 s 2; 2009 c 176 art 2 s 2
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.4987 — Stocking Private Aquatic Life.

17.4987 STOCKING PRIVATE AQUATIC LIFE.
(a) A person may not release private aquatic life into public waters that are not licensed as part of an aquatic farm without first obtaining a transportation permit from the commissioner. The commissioner may:
(1) deny issuance of a permit if releasing the private aquatic life is not consistent with the management plan for the public waters; and
(2) approve the import, transport, and stocking of fish with bacterial kidney disease or viral hemorrhagic septicemia into areas or waters where either disease has been identified as being present.
(b) The commissioner shall make management plans available to the public.
(c) If a permit is denied, the commissioner must provide reasons for the denial in writing.
History:
1992 c 566 s 7; 2008 c 307 s 7
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.4988 — License And Inspection Fees.

17.4988 LICENSE AND INSPECTION FEES.
Subdivision 1.
Requirements for issuance.
A permit or license must be issued by the commissioner if the requirements of law are met and the license and permit fees specified in this section are paid.
Subd. 2.
Aquatic farming license.
(a) The annual fee for an aquatic farming license is $210 for the base license. The commissioner must establish an additional fee based on the acreage of the operation.
(b) The aquatic farming license may contain endorsements for the rights and privileges of the following licenses under the game and fish laws. The endorsement must be made upon payment of the license fee prescribed in section 97A.475 for the following licenses:
(1) minnow dealer license;
(2) minnow retailer license for sale of minnows as bait;
(3) minnow exporting license;
(4) aquatic farm vehicle endorsement, which includes a minnow dealer vehicle license, a minnow retailer vehicle license, an exporting minnow vehicle license, and a fish vendor license;
(5) sucker egg taking license; and
(6) game fish packers license.
Subd. 3.
Inspection and additional fees.
Notwithstanding section 16A.1283, the commissioner may, by written order published in the State Register, establish fees for the services listed in clauses (1) to (3) and the additional fee required under subdivision 2, paragraph (a). The fees must be set in an amount that does not recover significantly more or less than the cost of providing the service. The fees are not subject to the rulemaking provisions of chapter 14 and section 14.386 does not apply. The services covered under this provision include:
(1) initial inspection of each water to be licensed;
(2) fish health inspection and certification, including initial tissue sample collection, basic fish health assessment, viral pathogen testing, and bacteriological testing; and
(3) initial inspection for containment and quarantine facility inspections.
Subd. 4.
Aquarium facility.
(a) A person operating a commercial aquarium facility must have a commercial aquarium facility license issued by the commissioner if the facility contains species of aquatic life that are for sale and that are present in waters of the state. The commissioner may require an aquarium facility license for aquarium facilities importing or holding species of aquatic life that are for sale and that are not present in Minnesota if those species can survive in waters of the state. The fee for an aquarium facility license is $90.
(b) Game fish transferred by an aquarium facility must be accompanied by a receipt containing the information required on a shipping document by section 17.4985, subdivision 3, paragraph (b).
History:
1992 c 566 s 8; 1996 c 410 s 13,14; 1997 c 216 s 24; 2000 c 488 art 3 s 8; 2003 c 128 art 1 s 11; 2008 c 363 art 5 s 8,9; 2009 c 176 art 2 s 3
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.4989 — Fish Sample Collecting.

17.4989 FISH SAMPLE COLLECTING.
Subdivision 1.
Training.
Fish collector training may be offered by any organization or agency that has had its class and practicum syllabus approved by the commissioner. The class and practicum must include the following components:
(1) accurate identification of licensed water bodies listed according to section 17.4984 and ensuring that collection is taking place at the correct site;
(2) identification of fish internal organs;
(3) fish dissection and sample preparation as identified by the Department of Natural Resources based on specific testing requirements or as outlined in the Fish Health Blue Book or the Diagnostic Manual for Aquatic Animal Diseases, published by the International Office of Epizootics (OIE);
(4) recording and reporting data;
(5) sample preparation and shipping;
(6) a field collection site test to demonstrate mastery of the necessary skills, overseen by a certified fish health inspector; and
(7) a certificate of successful completion signed by a certified fish health inspector on a form provided by the commissioner.
Subd. 2.
Certification time period.
Fish collector certification is valid for five years and is not transferable. A person may renew certification only by successfully completing certification training. Certification shall be revoked if the certified person is convicted of violating any of the statutes or rules governing testing for aquatic species diseases. Certification may be suspended during an investigation associated with misconduct or violations of fish health testing and collection. The commissioner shall notify the person that certification is being revoked or suspended.
Subd. 3.
Conflict of interest.
A fish collector may not oversee the collection of fish from a facility or a water body when the collector has a conflict of interest in connection with the outcome of the testing.
History:
1Sp2011 c 2 art 5 s 7
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.4993 — Minnows.

17.4993 MINNOWS.
Subdivision 1.
Taking from public waters.
(a) Under an aquatic farm license, a licensee may take only minnow sperm, minnow eggs, and live minnows for aquatic farm purposes from a water body if:
(1) the water body has been tested for viral hemorrhagic septicemia and the testing indicates the disease is not present; or
(2) the water body is located within a viral-hemorrhagic-septicemia-free zone posted on the Department of Natural Resources website.
(b) A licensee may take sucker eggs and sperm only in approved waters with a sucker egg license endorsement as provided by section 17.4994.
Subd. 2.
[Repealed, 2012 c 277 art 1 s 91]
History:
1992 c 566 s 11; 1996 c 410 s 18; 2008 c 307 s 9; 1Sp2021 c 6 art 2 s 15
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.4994 — Sucker Eggs.

17.4994 SUCKER EGGS.
Sucker eggs may be taken from public waters with a sucker egg license endorsement for the fee prescribed in section 97A.475, subdivision 29. Taking sucker eggs from public waters is subject to chapter 97C and may be supervised by the commissioner. The commissioner may limit the amount of sucker eggs that a person with a sucker egg license endorsement may take based on the number of sucker eggs taken historically by the licensee, new requests for eggs, and the condition of the spawning runs at those historical streams and rivers that have produced previous annual quotas.
History:
1992 c 566 s 12; 1Sp2011 c 2 art 5 s 10
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.4995 — Receipts To The Game And Fish Fund.

17.4995 RECEIPTS TO THE GAME AND FISH FUND.
Money received by the state under sections 17.4981 to 17.4997 must be deposited in the state treasury and credited to the game and fish fund.
History:
1992 c 566 s 13
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.4996 — White Earth Indian Reservation.

17.4996 WHITE EARTH INDIAN RESERVATION.
Until the commissioner reaches an agreement with the White Earth Indian Reservation regarding the acquisition and sale of aquatic life from public waters, an aquatic farm licensee may acquire and transport rough fish, as defined in section 97A.015, subdivision 43, and yellow perch lawfully acquired and possessed by a tribal member for sale under tribal laws and regulations on the White Earth Reservation. Transportation of yellow perch off the reservation must be accompanied by documentation showing the source and number of the yellow perch.
History:
1992 c 566 s 14
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.4997 — Rules.

17.4997 RULES.
The commissioner may adopt rules that are consistent with sections 17.4981 to 17.4996. The commissioner must notify the Minnesota Aquaculture Commission and the commissioner of agriculture prior to publication of the proposed rules.
History:
1992 c 566 s 15
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.4998 — Violations; Penalty.

17.4998 VIOLATIONS; PENALTY.
Subdivision 1.
Misdemeanor.
Unless a different penalty is prescribed, a violation of a provision of sections 17.4981 to 17.4997 or a rule of the commissioner governing the operation of an aquatic farm, private fish hatchery, or quarantine facility is a misdemeanor.
Subd. 2.
Petty misdemeanor.
A first and second violation, within a three-year period, of sections 17.4981 to 17.4997 or a rule of the commissioner governing the operation of an aquatic farm, private fish hatchery, or quarantine facility is a petty misdemeanor if it does not involve intentionally falsifying records and does not put public waters or other fish hatchery facilities at risk from harmful nonindigenous species, nonindigenous strains, or emergency fish diseases.
Subd. 3.
License void.
The license of a person convicted of a violation of sections 17.4981 to 17.4997 or a rule of the commissioner governing the operation of an aquatic farm, private fish hatchery, or quarantine facility is void for a period of one year after the conviction if the person is convicted of two or more misdemeanors within a three-year period. If the commissioner determines that the public welfare will not be injured, the commissioner may reinstate a license voided under this subdivision.
History:
1993 c 226 s 14; 1997 c 226 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.4999 — Storage, Handling, And Disposal Of Fish Manure.

17.4999 STORAGE, HANDLING, AND DISPOSAL OF FISH MANURE.
Fish manure from aquatic farm operations:
(1) is subject to the same requirements under state law and rules as other animal manures; and
(2) if managed in a pond system, may be applied as a manipulated manure under chapter 18C if certified by the commissioner.
History:
1994 c 561 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.50 — Policy.

17.50 POLICY.
The state must explore alternative uses for agricultural products to enable the state's agricultural economy to reach its full potential. The state must promote and encourage cooperative efforts between public and private interests in conducting basic research and disseminating the results on agricultural commodity utilization.
History:
1987 c 396 art 8 s 2
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.51 — Citation; Agricultural Commodities Promotion Act.

17.51 CITATION; AGRICULTURAL COMMODITIES PROMOTION ACT.
Sections 17.51 to 17.69 may be cited as the Agricultural Commodities Promotion Act.
History:
1969 c 1021 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.52 — Purpose.

17.52 PURPOSE.
It is hereby declared to be in the interest of the public welfare that Minnesota farmers who produce agricultural commodities for domestic and foreign markets shall be permitted to act separately, or jointly in cooperation with handlers, dealers and processors of such products, with the Minnesota Department of Agriculture, the University of Minnesota, and any other interested agencies, to promote and stimulate the use, sale and consumption of such commodities and to improve methods of production, processing and marketing thereof; it is further declared that provision for the establishment of Minnesota agricultural commodity research and promotion councils is deemed an appropriate means to accomplish such objectives. Sections 17.51 to 17.69 shall not be construed to abrogate or limit in any way the rights, powers, duties and functions of the commissioner of agriculture or any other agency of the state, but shall be supplementary thereto, and in aid and cooperation therewith.
History:
1969 c 1021 s 2; 1976 c 149 s 8,62 subd 2
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.56 — Council To Formulate And Submit Promotional Order.

17.56 COUNCIL TO FORMULATE AND SUBMIT PROMOTIONAL ORDER.
Subdivision 1.
Formulation.
Within 15 days after certification by the commissioner of its election the first council for producers of a particular commodity shall meet and formulate a promotional order establishing a program for development, promotion, advertising, research, distribution and the expansion of the sale, use and consumption of the commodity it represents and establishing a checkoff fee to be paid by producers to finance the proposed activities.
Subd. 2.
Hearings.
The commissioner, after consultation with the council, shall hold public hearings on the proposed promotional order in areas and at times affording reasonable opportunities for producers to attend. After such hearings and after consultation with the council, the commissioner shall determine whether or not the promotional order shall be amended, modified or supplemented. If changes or additions of substance are made, commissioner shall hold public hearings on the amended or supplemented promotional order.
Subd. 3.
Referendum.
Following the hearings, the commissioner shall conduct a referendum on the proposed final promotional order. At least ten days' notice of the time and places of such referendum shall be published in a legal newspaper of general circulation in each county affected. Notice shall also be given to other media in each county affected. A complete copy of the promotional order shall be given to each county extension office in any county involved in the referendum to afford all producers of the commodity access to complete information about the promotional order and the referendum.
Subd. 4.
Adoption.
The promotional order shall become effective if approved by a majority of those voting.
Subd. 5.
Failed referendum.
If a referendum is conducted and a proposed promotional order is not approved, the commissioner shall not conduct another referendum on any promotional order for the same commodity until one year has elapsed, except for the Minnesota Canola Council, for which six months must have elapsed.
History:
1969 c 1021 s 6; 1973 c 242 s 2; 1976 c 149 s 62 subd 2; 1982 c 424 s 130; 1982 c 582 s 3; 1996 c 290 s 1; 1997 c 187 art 3 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.57 — Additional Powers And Duties Of Council.

17.57 ADDITIONAL POWERS AND DUTIES OF COUNCIL.
Subdivision 1.
Adoption of rules.
Each council shall at its regular meetings adopt rules consistent with sections 17.51 to 17.69 for the administration of the promotional order.
Subd. 2.
Budget.
Each council shall prepare and submit to the commissioner on a date the commissioner determines an estimated budget for the operation of the promotional order.
Subd. 3.
Report.
Each council shall prepare an annual report on the programs pursuant to its promotional order for the previous operating year. The report shall be mailed to each county extension office in any county involved in the promotional order.
Subd. 4.
Collection of checkoff fees and data.
The promotion order shall provide a procedure for the collection of the checkoff fee by each council to finance promotional orders and for the collection of information and data which are necessary for the proper administration of orders.
Subd. 5.
Donations.
Each council is authorized to accept donations of funds, property, services or other assistance from public or private sources for the purpose of furthering the objectives of sections 17.51 to 17.69.
Subd. 6.
Right to sue and be sued.
Each council shall have the right to investigate and prosecute in the name of the state of Minnesota any action or suit to enforce the collection or insure payment of the checkoff fees authorized by the provisions of sections 17.51 to 17.69, to sue and be sued in the name of the council to hire attorneys as necessary and to do all other things necessary to the administration and implementation of sections 17.51 to 17.69.
Subd. 7.
Financial statement.
Each council shall make available an annual financial statement of the council to any producer upon request.
History:
1969 c 1021 s 7; 1976 c 149 s 62 subd 2; 1982 c 424 s 130; 1982 c 582 s 4; 1986 c 444; 1997 c 187 art 3 s 6
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.58 — Powers And Duties Of Commissioner.

17.58 POWERS AND DUTIES OF COMMISSIONER.
Subdivision 1.
Contracts.
A council, with the approval of the commissioner, may contract and cooperate with any person, firm, corporation or association, or with any local, state, federal or international agency or institution, for market development, education, publicity, promotion, research, transportation and advertising within the purposes of sections 17.51 to 17.69.
Subd. 2.
Personnel.
The council, with the approval of the commissioner, shall appoint, employ, provide necessary bond, discharge, fix compensation for and prescribe the duties of the first chief administrative officer of any council established after July 1, 1982. The council, after consultation with the commissioner, shall appoint, employ, provide necessary bond, discharge, fix compensation for and provide duties of subsequent chief administrative officers. A council may employ other personnel as it deems necessary.
Subd. 3.
General powers.
In administering sections 17.51 to 17.69, the commissioner shall have such other powers as may be conferred by law not inconsistent with the provisions of sections 17.51 to 17.69. The commissioner is authorized to cooperate with any appropriate agency of any state for the purpose of carrying out the provisions of sections 17.51 to 17.69, and in securing uniformity of administration and enforcement.
Subd. 4.
Rules.
The organization, conduct of elections, referenda, and meetings of a council and the administration of a promotional order for any commodity shall be governed by rules promulgated by the commissioner pursuant to chapter 14.
Subd. 5.
Audits.
Each year the commissioner shall conduct a fiscal audit, and at least every three years the commissioner shall conduct a compliance audit of each council. A compliance audit is an audit to determine that a council has complied with the terms of sections 17.51 to 17.69, with all other applicable federal or state laws, and with the terms of any promotional orders established.
History:
1969 c 1021 s 8; 1976 c 149 s 62 subd 2; 1982 c 424 s 130; 1982 c 582 s 5; 1986 c 444
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.60 — Compensation And Expenses.

17.60 COMPENSATION AND EXPENSES.
Each member of a council, except the commissioner, shall be entitled to a reasonable per diem, not exceeding the same rate of compensation per day as is authorized for payment to members of advisory councils and committees pursuant to section 15.059, subdivision 3, while engaged in the performance of duties, and actual expenses incurred while attending council meetings or executive committee meetings. Payments to council members for other official business of the council require approval by the council.
History:
1969 c 1021 s 10; 1976 c 149 s 62 subd 2; 1982 c 582 s 9; 1986 c 444
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.61 — Legal Counsel.

17.61 LEGAL COUNSEL.
The council may appoint an attorney who shall act for the council and the commissioner when required. The council shall fix the compensation and terms of employment of such attorney. The provisions of chapter 8 shall not apply to this attorney.
History:
1969 c 1021 s 11; 1976 c 149 s 62 subd 2
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.62 — Council Records.

17.62 COUNCIL RECORDS.
All of the records of a council, except as otherwise provided in this section, shall be open to the public and shall be available for inspection by any person for any lawful purpose, provided, however, that the council shall be empowered to make reasonable rules concerning the inspection of the records, the time or place of inspection, or the manner in which the information shall be made available. Financial information pertaining to individual participating producers shall not be open to the public.
History:
1969 c 1021 s 12; 1976 c 149 s 62 subd 2; 1982 c 582 s 10
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.63 — Refund Of Fees.

17.63 REFUND OF FEES.
(a) Any producer, except a producer of potatoes in area number one, as listed in section 17.54, subdivision 9, a producer of wheat or barley, a producer of canola, or a producer of cultivated wild rice, may, by the use of forms to be provided by the commissioner and upon presentation of such proof as the commissioner requires, have the checkoff fee paid pursuant to sections 17.51 to 17.69 fully or partially refunded, provided the checkoff fee was remitted on a timely basis. The request for refund must be received in the office of the commissioner within the time specified in the promotion order following the payment of the checkoff fee. In no event shall these requests for refund be accepted more often than 12 times per year. Refund shall be made by the commissioner and council within 30 days of the request for refund provided that the checkoff fee sought to be refunded has been received. Rules governing the refund of checkoff fees for all commodities shall be formulated by the commissioner, shall be fully outlined in the promotion order, and shall be available for the information of all producers concerned with the referendum.
(b) The commissioner must allow partial refund requests from corn producers who have checked off and must allow for assignment of payment to the Minnesota Corn Growers Association if the Minnesota Corn Research and Promotion Council requests such action by the commissioner.
(c) The Minnesota Corn Research and Promotion Council shall not elect to impose membership on any individual producer not requesting a partial refund or assignment of payment to the association.
(d) For any wheat, barley, or cultivated wild rice for which the checkoff fee must be paid pursuant to sections 17.51 to 17.69 and for which a checkoff fee or fee that serves a comparable purpose in a jurisdiction outside Minnesota had been previously paid for the same wheat, barley, or cultivated wild rice, the producer of the wheat, barley, or cultivated wild rice is exempt from payment of the checkoff fee. The commissioner, in consultation with the Wheat Research and Promotion Council, Barley Research and Promotion Council, and Cultivated Wild Rice Research and Promotion Council, shall determine jurisdictions outside of Minnesota which collect a checkoff fee or fee that serves a comparable purpose. In order to qualify for the exemption, the producer must demonstrate to the first purchaser that a checkoff fee or fee has been paid to such a jurisdiction.
History:
1969 c 1021 s 13; 1976 c 149 s 62 subd 2; 1982 c 582 s 11; 1986 c 444; 1990 c 477 s 1; 1991 c 191 s 1; 1992 c 513 art 2 s 14; 1994 c 452 s 4; 1Sp2001 c 2 s 30; 2014 c 181 s 4
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.64 — Termination Of Order.

17.64 TERMINATION OF ORDER.
Subdivision 1.
By council.
The council after consultation with the commissioner and by a majority vote shall suspend or terminate a promotional order whenever it finds, after a public hearing, that an order is contrary to or does not effectuate the purposes or provisions of sections 17.51 to 17.69, provided that the suspension or termination shall not become effective until the expiration of the current marketing year.
Subd. 2.
By referendum.
Upon petition of the same number of producers as required to initiate the promotional order, the commissioner shall within 60 days conduct a referendum to determine whether or not the promotional order shall be continued. The commissioner shall terminate the order at the end of the current marketing year if a majority of the producers voting in the referendum vote in favor of termination. The petition of producers shall include a statement certifying that the signatures are those of qualified producers of the commodity involved. The commissioner shall not conduct a referendum for termination of a promotional order if a referendum for termination of the same promotional order has been conducted within the preceding year.
History:
1969 c 1021 s 14; 1976 c 149 s 62 subd 2; 1982 c 424 s 130; 1982 c 582 s 12; 1986 c 444; 1997 c 187 art 3 s 7
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.66 — Permitted Activities.

17.66 PERMITTED ACTIVITIES.
No activity, including meetings, undertaken in pursuance of the provisions of sections 17.51 to 17.69 and intended to benefit the producers, handlers and processors of such agricultural commodity shall be deemed or considered illegal or in restraint of trade.
History:
1969 c 1021 s 16
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.67 — Penalty For Violations.

17.67 PENALTY FOR VIOLATIONS.
Any person who violates any provision of sections 17.51 to 17.69 or any rule of the commissioner promulgated pursuant to sections 17.51 to 17.69 is guilty of a misdemeanor. Any first handler who fails to make collections or to file a return or to pay any assessment within the time required by sections 17.51 to 17.69, or who files a falsified return, shall be liable to the council for the amount due, plus a penalty of six percent of the amount due, plus one percent of the amount for each month of delay. If satisfied that the delay was excusable, the council may return all or any part of the penalty. Penalties shall be paid to the council and disposed of as provided with respect to other money collected under sections 17.51 to 17.69.
History:
1969 c 1021 s 17; 1976 c 149 s 62 subd 2; 1982 c 582 s 13