reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 237 — Telecommunications › Section 237.83 — Disclosure Of Call Location Information; Emergency Situations.

237.83 DISCLOSURE OF CALL LOCATION INFORMATION; EMERGENCY SITUATIONS.
Subdivision 1.
Written request.
Upon receipt of a written request from a law enforcement agency stating that the disclosure of call location information is needed in an emergency situation that involves the risk of death or serious physical harm to a person who possesses a telecommunications device, a wireless telecommunications service provider shall provide the requested call location information concerning that device to the requesting agency.
Subd. 2.
Protocols.
A wireless telecommunications service provider shall establish protocols consistent with this section that govern its response to a request from a law enforcement agency under subdivision 1.
Subd. 3.
Cause of action limitation.
No cause of action shall lie in any court against a wireless telecommunications service provider, its officers, employees, agents, or other specified persons for providing call location information while acting in good faith and according to this section.
Subd. 4.
MS 2012 [Repealed, 2014 c 212 art 4 s 3]
History:
2010 c 342 s 2
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.03 — Applicability.

238.03 APPLICABILITY.
This chapter applies to every cable communications system, as defined in section 238.02, operating within the state, including a cable communications system comprised in whole or in part of facilities subject to regulation under chapter 237. Persons possessing franchises for any of the purposes of this chapter are subject to this chapter although no property has been acquired, business transacted, or franchises exercised.
History:
1973 c 568 s 3; 1980 c 509 s 88; 1982 c 514 s 12; 1985 c 285 s 16; 2004 c 261 art 7 s 2
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.083 — Sale Or Transfer Of Franchise.

238.083 SALE OR TRANSFER OF FRANCHISE.
Subdivision 1.
Fundamental corporate change defined.
For purposes of this section, "fundamental corporate change" means the sale or transfer of a majority of a corporation's assets; merger, including a parent and its subsidiary corporation; consolidation; or creation of a subsidiary corporation.
Subd. 2.
Written approval of franchising authority.
A sale or transfer of a franchise, including a sale or transfer by means of a fundamental corporate change, requires the written approval of the franchising authority. The parties to the sale or transfer of a franchise shall make a written request to the franchising authority for its approval of the sale or transfer.
Subd. 3.
[Repealed, 2004 c 261 art 7 s 29]
Subd. 4.
Approval or denial of transfer request.
The franchising authority shall approve or deny in writing the sale or transfer request. The approval must not be unreasonably withheld.
Subd. 5.
[Repealed, 2004 c 261 art 7 s 29]
Subd. 6.
Transfer of stock; controlling interest defined.
Sale or transfer of stock in a corporation so as to create a new controlling interest in a cable communication system is subject to the requirements of this section.
The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised.
History:
1985 c 285 s 22; 2004 c 261 art 7 s 6,7
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.086 — Franchise Holder Exemption.

238.086 FRANCHISE HOLDER EXEMPTION.
If there is a conflict in language between the franchise of a person holding a franchise agreement with a local unit of government and an ordinance regulating use of public rights-of-way, the terms of the franchise shall prevail.
History:
1997 c 123 s 8
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.11 — Censorship Prohibited.

238.11 CENSORSHIP PROHIBITED.
Subdivision 1.
[Repealed, 1985 c 285 s 54]
Subd. 2.
Access channel.
No cable communications system may prohibit or limit a program or class or type of program presented over a leased channel or a channel made available for public access, governmental or educational purposes. Neither the person operating a cable communications system nor the officers, directors, or employees of the cable communications system is liable for any penalties or damages arising from programming content not originating from or produced by the cable communications system and shown on any public access channel, education access channel, government access channel, leased access channel, or regional channel.
History:
1973 c 568 s 11; 1975 c 271 s 6; 1982 c 514 s 17; 1985 c 285 s 25; 2004 c 261 art 7 s 9
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.115 — Cable Provider Complaints.

238.115 CABLE PROVIDER COMPLAINTS.
A cable communications system holding a franchise to provide cable communications services in any area of this state must immediately provide a consumer complaint telephone number to any person who calls the system or its agent and asks for a consumer complaint number. The number provided must be the telephone number of a person or agency that is unaffiliated with the cable communications system and that is organized to provide assistance to complaining consumers.
History:
2004 c 261 art 7 s 10,28
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.15 — Financial Interest Of Member.

238.15 FINANCIAL INTEREST OF MEMBER.
Members of any elected body granting franchises and employees of any franchising body who would be directly involved in the granting or administration of franchises for cable communications and who are employed by or who knowingly have any financial interest in any cable communications system, bidding on such franchise, or the cable communications system granted the franchise, or their subsidiaries, major equipment or program suppliers shall abstain from participation in the franchising of a cable communications system or the administration of such franchise.
History:
1973 c 568 s 15; 1975 c 271 s 6; 1976 c 249 s 16; 1985 c 285 s 26; 2004 c 261 art 7 s 28
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.16 — Gross Misdemeanor.

238.16 GROSS MISDEMEANOR.
Subdivision 1.
[Repealed, 1985 c 285 s 54]
Subd. 2.
Gross misdemeanor; corporate violation.
Any person violating the provisions of this chapter is guilty of a gross misdemeanor. Any sentence imposed for any violation by a corporation shall be served by the senior resident officer of the corporation.
History:
1973 c 568 s 16; 1975 c 271 s 6; 1980 c 509 s 93; 1985 c 285 s 27; 1993 c 326 art 13 s 13
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.17 — Service To Extension Area.

238.17 SERVICE TO EXTENSION AREA.
Subdivision 1.
Conditions for extension.
Notwithstanding the provisions of any other law to the contrary, a cable communications system may extend or provide service outside the boundaries of a core service unit if the cable communications system obtains an extension permit issued by the municipality or municipalities which have jurisdiction over the extension area.
Subd. 2.
Exemption.
Notwithstanding any law to the contrary, a cable communications system with less than 50 subscribers in a municipality shall be exempt from obtaining a permit from that municipality, unless the municipality chooses to require a permit.
Subd. 3.
Municipal permit.
Any extension permit awarded pursuant to this section shall be issued at a regular or special meeting of the governing body affording reasonable notice and reasonable opportunity to be heard. Such extension permits shall include:
(a) A schedule of the rates to be charged to the subscribers and the procedure to be used to change subscriber rates;
(b) A stipulation that the parties to the extension permit agree, to the extent applicable, to abide by those terms of the franchise of the core service unit which pertain to systemwide channel capacity, access channels, equipment for production and reproduction or playback of programming, two-way communications capability, standards for system installation, maintenance and operation, indemnification of the franchisor, liability insurance, abandonment of service, removal of equipment and termination or cancellation of the franchise; and
(c) A statement to the effect that the expiration date of the extension permit shall be coincident with that of the franchise of the core service unit, provided that a change in the expiration date of the core service unit franchise, by way of either renewal or amendment of the franchise, shall automatically apply to the extension permit unless the municipality with jurisdiction over the extension area elects otherwise.
Subd. 4.
Joint exercise of powers.
Nothing in this section shall be construed to prevent a municipality having jurisdiction over an extension area from becoming a party to the franchise of the core service unit under an agreement for the joint exercise of powers executed pursuant to section 471.59.
Subd. 5.
Extension permit, excess requirements.
Nothing in this section shall be construed to prevent a municipality having jurisdiction over an extension area from prescribing extension permit requirements which are in excess of those required by this section, unless such requirements are inconsistent with this chapter.
Subd. 6.
[Repealed, 1985 c 285 s 54]
Subd. 7.
[Repealed, 1985 c 285 s 54]
Subd. 8.
[Repealed, 1985 c 285 s 54]
History:
1978 c 771 s 5; 1985 c 285 s 28,29
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.18 — Unfair Preference.

238.18 UNFAIR PREFERENCE.
Subdivision 1.
MS 2002 [Paragraph (a) renumbered subdivision 1]
[Paragraph (b) renumbered 238.02, subd 1b]
[Paragraph (c) renumbered 238.02, subd 34]
Subdivision 1.
Definitions.
For the purpose of this section the terms defined in section 238.02, subdivisions 1b and 34, have the meanings given them.
Subd. 2.
Unfair preference prohibited.
No utility may make or give a preference or advantage to:
(1) a person as an accommodation or inducement to contract with or take cable television service from an affiliated company if the affiliated company provides cable television service within a part of the service area of the utility; or
(2) an affiliated company that provides cable television service to persons within a part of the service area of the utility over an entity that is not an affiliated company that also provides cable television service to persons within the service area of the utility.
Subd. 3.
Remedies.
On a finding by a court of competent jurisdiction that either a utility or an affiliated company of the utility providing cable television service within a part of the service area of the utility has violated a provision of this section, the court may grant injunctive relief and may award actual damages to an entity that is not an affiliated company of a utility providing cable television service to persons within a part of the service area of the utility. In an action under this section, the court may award the costs of the action, including reasonable attorney fees, to the prevailing party.
History:
1988 c 568 s 3; 2004 c 261 art 7 s 28
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.22 — Definitions.

238.22 DEFINITIONS.
Subdivision 1.
Scope.
The terms used in sections 238.22 to 238.27 have the meanings given them in section 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a, and 31d.
Subd. 2.
[Renumbered subd 10]
Subd. 3.
[Renumbered subd 11]
Subd. 4.
[Renumbered subd 13]
Subd. 5.
[Renumbered subd 14]
Subd. 6.
[Renumbered 238.02, subd 1a]
Subd. 7.
[Renumbered 238.02, subd 1c]
Subd. 8.
[Renumbered 238.02, subd 1d]
Subd. 9.
[Renumbered subd 12]
Subd. 10.
[Renumbered 238.02, subd 21a]
Subd. 11.
[Renumbered 238.02, subd 28a]
Subd. 12.
[Renumbered 238.02, subd 29a]
Subd. 13.
[Renumbered 238.02, subd 31a]
Subd. 14.
[Renumbered 238.02, subd 31d]
History:
1983 c 329 s 3; 1985 c 285 s 30-32; 1999 c 11 art 3 s 7; 2004 c 261 art 7 s 11,28
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.23 — Access Required.

238.23 ACCESS REQUIRED.
Subdivision 1.
Provision of access.
A property owner or other person controlling access shall provide a cable communications system access to the property owner's multiple dwelling complex. The access provided must be perpetual and freely transferable by one person operating a cable communications system to another. A cable communications system granted access, and its successors in interest, must fully comply with sections 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a, and 31d, and 238.22 to 238.27.
Subd. 2.
Resident's rights.
The intent of sections 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a, and 31d, and 238.22 to 238.27 is to give residents the freedom to choose among competing cable communications services and nothing in sections 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a, and 31d, and 238.22 to 238.27 requires residents to hook up or subscribe to any services offered by any cable communications system or alternative provider of cable communications services.
History:
1983 c 329 s 4; 2004 c 261 art 7 s 12,28
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.241 — Conditions For Access By Alternative Provider.

238.241 CONDITIONS FOR ACCESS BY ALTERNATIVE PROVIDER.
Subdivision 1.
Channel capacity.
Cable systems granted access to a multiple dwelling complex under section 238.25 shall provide equipment with sufficient channel capacity to be used by alternative providers of television programming or cable communications services.
Subd. 2.
Technical plan approval.
The cable communications system shall determine the technical plan best suited for providing the necessary channel capacity sufficient to allow access to other providers. The plan must be submitted to the property owner for approval. The owner's approval may not be unreasonably withheld. No additional compensation for evaluation of the plan may be paid or given to the property owner over and above that permitted under section 238.24, subdivision 8.
Subd. 3.
Duplicate connections.
The cable communications system is not required to provide equipment for connecting more than one television receiver in one dwelling unit within the multiple dwelling complex. However, the system may provide duplicate connections at its discretion.
History:
1985 c 285 s 34; 2004 c 261 art 7 s 28
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.242 — Reimbursement.

238.242 REIMBURSEMENT.
Subdivision 1.
Providing alternative service.
Other providers of television programming or cable communications services shall notify the person operating a cable communications system when a resident or association member occupying a dwelling unit in a multiple dwelling complex requests the services provided for by this section or section 238.241. After reaching agreement with the alternative service provider for reimbursement to be paid for use of the equipment, the cable communications system shall make available the equipment necessary to provide the alternative service without unreasonable delay.
Subd. 2.
Reimbursement determination.
The amount to be reimbursed must be determined under section 238.24, subdivision 10. The reimbursed amount must be paid in one installment for each instance of requested use. The payment may not be refunded upon subscriber cancellation of the alternative service.
Subd. 3.
Financial records made available.
The person operating a cable communications system, upon written request, shall make available to the alternative provider financial records supporting the reimbursement cost requested.
History:
1985 c 285 s 35; 2004 c 261 art 7 s 18,19
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.26 — Subsequent Taking.

238.26 SUBSEQUENT TAKING.
In the event the premises upon which cable communications equipment has been installed is subsequently condemned by the state or by another entity empowered under state law to condemn by exercise of the power of eminent domain, the cable communications system's measure of damages for the taking shall be limited to the actual compensation originally paid by the cable communications system to the property owner under sections 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a, and 31d, and 238.22 to 238.27.
History:
1983 c 329 s 7; 2004 c 261 art 7 s 28
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.27 — Interference With Facilities.

238.27 INTERFERENCE WITH FACILITIES.
No person may interfere with the installation, operation, inspection, maintenance, or removal of cable communications facilities or activities of a cable communications system under sections 238.02, subdivisions 1a, 1c, 1d, 21a, 28a, 29a, 31a, and 31d, and 238.22 to 238.27.
History:
1983 c 329 s 8; 2004 c 261 art 7 s 28
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.37 — Scope; Pole, Duct, And Conduit Agreements.

238.37 SCOPE; POLE, DUCT, AND CONDUIT AGREEMENTS.
Sections 238.02, subdivisions 3a, 20a, and 31b, and 238.37 to 238.42 only apply to pole, duct, and conduit agreements entered into or renewed between public utilities and cable communications systems on or after January 1, 1976, and have no application to those agreements executed before January 1, 1976, until those agreements are either renewed or substantially renegotiated. If a public utility company and a cable communications system enter into an agreement regarding only pole attachments, sections 238.02, subdivisions 3a, 20a, and 31b, and 238.37 to 238.42 relating to conduit systems are applicable to that agreement and if a public utility company and a cable communications system enter into an agreement regarding only use of a conduit system, sections 238.02, subdivisions 3a, 20a, and 31b, and 238.37 to 238.42 relating to pole attachments are not applicable to that agreement.
History:
1985 c 285 s 37; 2004 c 261 art 7 s 28; 2005 c 10 art 1 s 36
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.38 — Permit To Attach To Pole Or Conduit System.

238.38 PERMIT TO ATTACH TO POLE OR CONDUIT SYSTEM.
Every pole, duct, and conduit agreement must contain a provision that before attaching to the public utility company's poles or occupying any part of the public utility's conduit system, the cable communications system shall apply and receive a permit for that purpose on a form provided by the public utility company. If the cable communications system accepts the permit, it may attach its equipment to the poles covered by the permit or occupy the conduit system of the public utility to the extent authorized by the permit, subject to sections 238.02, subdivisions 3a, 20a, and 31b, and 238.37 to 238.42 and the terms of the agreement between the contracting parties. In granting or denying a permit, the public utility has the right to determine whether a grant of a permit would adversely affect its public services, duties, and obligations or have an adverse effect on the economy, safety, and future needs of the public utility.
History:
1985 c 285 s 38; 2004 c 261 art 7 s 28; 2005 c 10 art 1 s 37
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.39 — Legal Authority.

238.39 LEGAL AUTHORITY.
Every pole, duct, and conduit agreement must contain a provision that the cable communications system shall submit to the public utility company evidence of the cable communications system's lawful authority to place, maintain, and operate its facilities within public streets, highways, and other thoroughfares and shall secure the legally necessary permits and consents from federal, state, county, and municipal authorities to construct, maintain, and operate facilities at the locations of poles or conduit systems of the public utility company that it uses. The parties to the agreement shall at all times observe and comply with, and the provisions of a pole, duct, and conduit agreement are subject to, the laws, ordinances, and rules that in any manner affect the rights and obligations of the parties to the agreement, so long as the laws, ordinances, or rules remain in effect.
History:
1985 c 285 s 39; 2004 c 261 art 7 s 25
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.40 — Liability; Indemnify Public Utility.

238.40 LIABILITY; INDEMNIFY PUBLIC UTILITY.
(a) Every pole, duct, and conduit agreement must contain a provision that the cable communications system shall defend, indemnify, protect, and save harmless the public utility from and against any and all claims and demands for damages to property and injury or death to persons, including payments made under any worker's compensation law or under any plan for employees' disability and death benefits, which may arise out of or be caused:
(1) by the erection, maintenance, presence, use, or removal of the cable communications system's cable, equipment, and facilities or by the proximity of the cables, equipment, and facilities of the parties to the agreement; or
(2) by any act of the cable communications system on or in the vicinity of the public utility company's poles and conduit system, in the performance of the agreement. Nothing contained in this section relieves the public utility company from liability for the negligence of the public utility company or anyone acting under its direction and control.
(b) The cable communications system shall also indemnify, protect, and save harmless the public utility:
(1) from any and all claims and demands that arise directly or indirectly from the operation of the cable communications system's facilities including taxes, special charges by others, claims, and demands (i) for damages or loss for infringement of copyright, (ii) for libel and slander, (iii) for unauthorized use of television broadcast programs, and (iv) for unauthorized use of other program material; and
(2) from and against all claims and demands for infringement of patents with respect to the manufacture, use, and operation of the cable communications equipment in combination with the public utility company's poles, conduit system, or otherwise.
(c) Nothing contained in this section relieves the public utility company from liability for the negligence of the public utility company or anyone acting under its direction and control.
History:
1985 c 285 s 40; 2004 c 261 art 7 s 26
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.41 — Insurance.

238.41 INSURANCE.
The cable communications system shall carry insurance to protect the parties to the agreement from and against any and all claims, demands, actions, judgments, costs, expenses, and liabilities which may arise or result, directly or indirectly, from or by reason of the loss, injury, claim, or damage. The amount of the insurance must be agreed to by the parties to this agreement. The cable communications system shall also carry insurance to protect it from all claims under workers' compensation laws in effect that may be applicable to it. Insurance required must remain in effect for the entire term of the agreement.
History:
1985 c 285 s 41; 2004 c 261 art 7 s 28
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.42 — Additional Contract Terms.

238.42 ADDITIONAL CONTRACT TERMS.
Nothing contained in sections 238.02, subdivisions 3a, 20a, and 31b, and 238.37 to 238.42 in any way prohibits a public utility company from including in its pole, duct, and conduit agreements with cable communications systems additional terms which do not conflict with sections 238.02, subdivisions 3a, 20a, and 31b, and 238.37 to 238.42.
History:
1985 c 285 s 42; 2004 c 261 art 7 s 28; 2005 c 10 art 1 s 38
2023 Minnesota Statutes › Chapters 237 - 238 — Telecommunications › Chapter 238 — Cable Communications › Section 238.43 — Regional Channel.

238.43 REGIONAL CHANNEL.
Subdivision 1.
[Renumbered 238.02, subd 31c]
Subd. 2.
Legislative purpose.
The purpose of this section is to facilitate the activation of a metropolitan area interconnected regional channel, to be uniformly carried on VHF channel 6 on cable communications systems operating in the metropolitan area in order to provide a broad range of informational, educational, and public service programs and materials to metropolitan area cable subscribers.
Subd. 3.
VHF channel 6.
Franchises for cable communications systems franchised in whole or in part within the metropolitan area shall contain a provision designating the standard VHF channel 6 for uniform regional channel usage; provided, however, that until the regional channel becomes operational, the designated VHF channel 6 may be utilized by the cable communications system as it deems appropriate. The designated regional channel may be combined with the government access channel until such time as the video programming usage of the government access channel expands to such point as it is in use during 80 percent of the time between 8:00 a.m. and 10:00 p.m. during any consecutive six-week period. Use of time on the regional channel must be made available without charge.
Subd. 4.
Use.
The regional channel will provide a broad range of informational, educational, and public service programs and materials to metropolitan area cable subscribers.
Subd. 5.
Regional channel entity.
The Cable Communications Board may designate a regional channel entity prior to July 1, 1985. If the Cable Communications Board does not designate an entity by June 30, 1985, the Metropolitan Council shall appoint the governing body of the regional channel entity which must consist of 15 members appointed to three-year terms. In making the initial appointments the Metropolitan Council shall designate one-third of the appointees to serve one-year terms, one-third to serve two-year terms, and one-third to serve three-year terms. In the case of a vacancy the council shall appoint a person to fill the vacancy for the remainder of the unexpired term. The Metropolitan Council shall name three appointees from the recommendations received from the Association of Metropolitan Municipalities and three from the recommendations received from the cable communications companies operating in the metropolitan area.
Subd. 6.
Regional channel operator.
The regional channel entity may operate the regional channel or designate the operator of the regional channel. In the event the regional channel entity designates the operator of the regional channel, the designation must be for an initial period not exceeding three years. Before the expiration of the three-year period, the regional channel entity shall review its designation and consider renewal for a term not exceeding three years. Nothing in this section creates any right to renewal for the operator designated by the regional channel entity.
History:
1985 c 285 s 43; 2004 c 261 art 7 s 27,28
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.01 — Weights And Measures Division; Jurisdiction.

239.01 WEIGHTS AND MEASURES DIVISION; JURISDICTION.
The Weights and Measures Division, referred to in this chapter as the division, is created under the jurisdiction of the Department of Commerce. The division has supervision and control over all weights, weighing devices, and measures in the state.
History:
(5270) 1911 c 156 s 1; 1971 c 25 s 42,44; 1971 c 74 s 5; 1991 c 198 s 1; 1Sp2001 c 4 art 6 s 70
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.02 — Director; Deputies, Employees.

239.02 DIRECTOR; DEPUTIES, EMPLOYEES.
The department shall appoint in accordance with chapter 43A, a director of weights and measures and such deputies and other employees as may be necessary to carry out the provisions of this chapter.
History:
(4634, 5271) RL s 1959; 1911 c 140 s 3; 1911 c 156 s 2; 1921 c 382 s 1; 1971 c 25 s 43; 1977 c 364 s 12; 1981 c 210 s 54; 1991 c 198 s 4
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.06 — Rules.

239.06 RULES.
The department shall prescribe and adopt such rules as it may deem necessary to carry out the provisions of this chapter, including but not limited to the adoption of definitions of basic units of weights and measures, tables of weights and measures, and weights and measures equivalents to govern weighing and measuring equipment and transactions in Minnesota. The division may change, modify, or amend any or all rules when deemed necessary and the rules shall have the force and effect of law.
History:
(5275) 1911 c 156 s 3; 1971 c 25 s 67; 1985 c 248 s 70; 2014 c 222 art 1 s 46
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.081 — Inspecting Track Scale.

239.081 INSPECTING TRACK SCALE.
The division shall supervise and inspect all track scales, and may direct any carrier to transport, move, and switch to any track scale free of charge any car used in the inspection and testing of scales. The division shall require the installation and maintenance of track scales at terminals, warehouses, and at other points in the state where scales are deemed necessary. The division shall prescribe reasonable rules for the weighing of railroad cars and of freight.
History:
1980 c 460 s 31; 1985 c 248 s 70; 2014 c 222 art 1 s 47
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.09 — Special Police Powers.

239.09 SPECIAL POLICE POWERS.
When necessary to enforce this chapter or rules adopted under the authority granted by section 239.06, the director is:
(1) empowered to seize for use as evidence and without formal warrant, any false weight, measure, weighing or measuring device, package, or commodity found to be used, retained, or offered or exposed for sale or sold in violation of law;
(2) during normal business hours, authorized to enter commercial premises;
(3) if the premises are not open to the public, authorized to enter commercial premises only after presenting credentials and obtaining consent or after obtaining a search warrant;
(4) empowered to issue stop-use, hold, and removal orders with respect to weights and measures commercially used, and packaged commodities or bulk commodities kept, offered, or exposed for sale, that do not comply with the weights and measures laws;
(5) empowered, upon reasonable suspicion of a violation of the weights and measures laws, to stop a commercial vehicle and, after presentation of credentials, inspect the contents of the vehicle, require that the person in charge of the vehicle produce documents concerning the contents, and require the person to proceed with the vehicle to some specified place for inspection; and
(6) empowered, after written warning, to issue citations of not less than $100 and not more than $500 to a person who violates any provision of this chapter, any provision of the rules adopted under the authority contained in this chapter, or any provision of statutes enforced by the Division of Weights and Measures.
History:
(5280) 1911 c 156 s 8; 1971 c 25 s 44; 1971 c 74 s 9; 1Sp1981 c 4 art 1 s 98; 1986 c 444; 1987 c 348 s 34; 1991 c 198 s 6; 1Sp2005 c 1 art 4 s 62; 2014 c 222 art 1 s 48
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.091 — Method Of Sale.

239.091 METHOD OF SALE.
The method of sale for a commodity must provide an accurate and adequate quantity of information that will allow the buyer to make price and quantity comparisons.
History:
1991 c 198 s 7; 2014 c 222 art 1 s 49
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.092 — Sale From Bulk.

239.092 SALE FROM BULK.
(a) Bulk sales of commodities, when the buyer and seller are not both present to witness the measurement, must be accompanied by a delivery ticket containing the following information:
(1) the name and address of the person who weighed or measured the commodity;
(2) the date delivered;
(3) the quantity delivered;
(4) the count of individually wrapped packages delivered, if more than one is included in the quantity delivered;
(5) the quantity on which the price is based, if different than the quantity delivered; and
(6) the identity of the commodity in the most descriptive terms commercially practicable, including representations of quality made in connection with the sale.
(b) This section is not intended to conflict with the bulk sale requirements of the Department of Agriculture. If a conflict occurs, the law and rules of the Department of Agriculture govern.
(c) Firewood sold or distributed in this state must include delivery ticket information regarding the harvest locations of the wood by county or counties and state.
(d) Paragraph (c) may be enforced using the authority granted in this chapter or section 18J.05 or 84D.13.
History:
1991 c 198 s 8; 2007 c 36 s 3; 2010 c 333 art 1 s 15; 2012 c 244 art 1 s 68
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.093 — Information Required With Package.

239.093 INFORMATION REQUIRED WITH PACKAGE.
(a) A package offered, exposed, or held for sale must bear a clear and conspicuous declaration of:
(1) the identity of the commodity in the package, unless the commodity can be easily identified through the wrapper or container;
(2) the net quantity in terms of weight, measure, or count;
(3) the name and address of the manufacturer, packer, or distributor, if the packages were not produced on the premises where they are offered, exposed, or held for sale; and
(4) the unit price, if the packages are part of a lot containing random weight packages of the same commodity.
(b) This section is not intended to conflict with the packaging requirements of the Department of Agriculture. If a conflict occurs, the laws and rules of the Department of Agriculture govern.
(c) Firewood sold or distributed in this state must include information regarding the harvest locations of the wood by county or counties and state on each label or wrapper.
(d) Paragraph (c) may be enforced using the authority granted in this chapter or section 18J.05 or 84D.13.
History:
1991 c 198 s 9; 2007 c 36 s 4; 2010 c 333 art 1 s 16; 2012 c 244 art 1 s 69
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.094 — Packaged Commodity; Advertising For Sale.

239.094 PACKAGED COMMODITY; ADVERTISING FOR SALE.
When a packaged commodity is advertised with its retail price, the quantity declaration that appears on the package must also appear in the advertisement.
History:
1991 c 198 s 10
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.10 — Annual Inspection.

239.10 ANNUAL INSPECTION.
Subdivision 1.
Light capacity scales; retail establishments.
The director shall inspect light capacity scales in retail establishments such as grocery stores, other retail food establishments, or hardware stores, not more often than once every 36 months except when (1) the owner requests an inspection, (2) when the scale is inspected as part of an investigation, or (3) when the scale has been repaired.
Subd. 2.
Packaged food commodities.
The director shall inspect packaged food commodities in grocery stores and other retail food establishments not more often than once every 36 months except when (1) the owner requests an inspection or (2) when packages are inspected as part of an investigation.
Subd. 3.
Other weights and measures.
The director shall inspect all weights and measures, except those specified in subdivisions 1 and 2, annually, or as often as deemed possible within budget and staff limitations.
History:
(5282) 1911 c 156 s 11; 1915 c 281 s 1; 1969 c 399 s 1; 1969 c 1031 s 11; 1971 c 25 s 44,67; 1971 c 74 s 10; 1977 c 364 s 15; 1981 c 357 s 76; 1983 c 301 s 175; 1984 c 654 art 3 s 79; 1987 c 268 art 14 s 1; 1993 c 369 s 71; 1Sp2001 c 4 art 6 s 71
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.101 — Inspection Fees.

239.101 INSPECTION FEES.
Subdivision 1.
Fee setting and cost recovery.
The department shall recover the amount appropriated to the weights and measures program through revenue from two separate fee systems under subdivisions 2 and 3, and according to the fee-setting and cost-recovery requirements in subdivisions 4, 5, and 6.
Subd. 2.
Weights and measures fees.
The director shall charge a fee to the owner for inspecting and testing weights and measures, providing metrology services and consultation, and providing petroleum quality assurance tests at the request of a licensed distributor. Money collected by the director must be paid into the state treasury and credited to the state general fund.
Subd. 3.
Petroleum inspection fee; appropriation, uses.
(a) An inspection fee is imposed (1) on petroleum products when received by the first licensed distributor, and (2) on petroleum products received and held for sale or use by any person when the petroleum products have not previously been received by a licensed distributor. The petroleum inspection fee is $1 for every 1,000 gallons received. The commissioner of revenue shall collect the fee. The revenue from 89 cents of the fee is appropriated to the commissioner of commerce for the cost of operations of the Division of Weights and Measures and petroleum supply monitoring. The remainder of the fee must be deposited in the general fund.
(b) The commissioner of revenue shall credit a person for inspection fees previously paid in error or for any material exported or sold for export from the state upon filing of a report as prescribed by the commissioner of revenue.
(c) The commissioner of revenue may collect the inspection fee along with any taxes due under chapter 296A.
Subd. 4.
MS 2012 [Repealed, 2014 c 222 art 1 s 58]
Subd. 5.
Setting petroleum inspection fee.
When the department estimates that inspection costs will exceed the revenue from the fee, the commissioner shall notify the commissioner of management and budget. The commissioner of management and budget shall then request a fee increase from the legislature.
Subd. 6.
Cost-recovery requirements.
The cost of inspection activities and services not specified in subdivisions 2 and 3, including related overhead costs, must be equitably apportioned and recovered by the fees.
Subd. 7.
[Repealed, 2007 c 62 s 16]
History:
1993 c 369 s 72; 1996 c 305 art 3 s 29; 1998 c 299 s 30; 1999 c 250 art 3 s 25; 1Sp2001 c 5 art 13 s 4; 1Sp2003 c 19 art 1 s 8; 2004 c 189 s 2; 1Sp2005 c 1 art 4 s 63; 2007 c 57 art 3 s 40; 2009 c 101 art 2 s 109; 2013 c 85 art 6 s 5; 2014 c 222 art 1 s 50
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.23 — Offenses; Misdemeanor.

239.23 OFFENSES; MISDEMEANOR.
Any person who shall offer or expose for sale, sell or use, or possess a false scale, weight or measure, or weighing or measuring device, or any weight or measure or weighing or measuring device which has not been sealed as provided by sections 239.01 to 239.10, or use the same in the buying or selling of any commodity or thing; or who shall dispose of any condemned weight, measure, or weighing or measuring device, or remove any tag placed thereon by any authorized employee of the division, or sell or offer or expose for sale less than the quantity represented; or sell or offer or expose for sale any such commodities in the manner contrary to law; or sell or offer for sale or possess for the purpose of selling, any device or instrument to be used to, or calculated to, falsify any weight or measure, or refuse to pay any fee charged for testing and sealing or condemning any scale, weight, or measure, or weighing or measuring device, shall be guilty of a misdemeanor.
History:
(5278) 1911 c 156 s 6; 1971 c 25 s 44; 1971 c 74 s 12; 1977 c 364 s 17; 1986 c 444
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.24 — Hindering Official; Misdemeanor.

239.24 HINDERING OFFICIAL; MISDEMEANOR.
Any person hindering, impeding, or restricting in any way any employee of the division while in the performance of official duty shall be guilty of a misdemeanor.
History:
(5279) 1911 c 156 s 7; 1971 c 25 s 44; 1971 c 74 s 13; 1977 c 364 s 18; 1986 c 444
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.32 — Standard Weight Of Bushel.

239.32 STANDARD WEIGHT OF BUSHEL.
In contracts for the sale of any of the following articles, the term "bushel" shall mean the number of pounds avoirdupois herein stated: corn, in ear, 70; beans (except lima beans, scarlet runner pole beans, white runner pole beans and broad windsor beans), smooth peas, wheat, clover seed, Irish potatoes and alfalfa, 60; broom corn seed and sorghum seed, 57; shelled corn (except sweet corn), rye, lima beans, flaxseed and wrinkled peas, 56; sweet potatoes and turnips, 55; onions and rutabagas, 52; buckwheat, hempseed, rapeseed, beets, green apples, walnuts, rhubarb, hickory nuts, chestnuts, tomatoes, scarlet runner pole beans and white runner pole beans, 50; barley, millet, Hungarian grass seed, sweet corn, cucumbers and peaches, 48; broad windsor beans, 47; carrots, timothy seed and pears, 45; parsnips, 42; spelt or spilts, 40; cranberries, 36; oats and bottom onion-sets, 32; dried apples, dried peaches and top onion-sets, 28; peanuts, 22; blue grass, orchard grass and redtop seed, 14; plastering hair, unwashed, 8; plastering hair, washed, 4; lime, 80; but if sold by the barrel the weight shall be 200 pounds. In contracts for the sale of green apples, the term "bushel" shall mean 2150.42 cubic inches.
History:
(7025) RL s 2728; 1913 c 560 s 4; 1935 c 270
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.33 — Standard Measurements Of Wood.

239.33 STANDARD MEASUREMENTS OF WOOD.
In all contracts for sale of wood the term "cord" shall mean 128 cubic feet of wood, bark, and air, if cut in four-foot lengths; and if the sale is of "sawed wood," a cord shall mean 110 cubic feet when ranked, or 160 cubic feet when thrown irregularly or loosely into a conveyance for delivery to the purchaser; and if the sale is of "sawed and split wood," a cord shall mean 120 cubic feet, when ranked, and 175 cubic feet when thrown irregularly and loosely into a conveyance for delivery. If a measurement is made by weight, the term "cord" or any other term used to describe freshly cut wood shall be based on 79 cubic feet of solid wood content per cord. The weight per cord may vary by species or species group. In case of any dispute when the parties have not otherwise agreed in writing to the weight per cord by species or species group, the weight most recently established by the commissioner of natural resources prevails.
In all contracts for sale of wood, the term "board foot" means 144 cubic inches of wood measured in any combination of length, thickness, and width. If a measurement or scale is made of logs, Scribner's decimal C rule is the standard rule for determining board feet log scale. When measuring or scaling logs, each log must be scaled individually by the largest number of even feet in its length above eight and under 24 feet. All logs of 24 feet or more in length must be scaled as two or more logs. This section does not apply to finished lumber measured in nominal dimensions.
History:
(7026) 1913 c 560 s 5; 1985 c 260 s 1; 2000 c 301 s 1; 2005 c 141 s 12
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.34 — Standard Weight Of Coal And Charcoal.

239.34 STANDARD WEIGHT OF COAL AND CHARCOAL.
In all contracts for the sale of coal, charcoal, and ice, the term "ton" shall mean 2,000 pounds. A sale of coal and charcoal, except by weight, is hereby prohibited.
History:
(7027) 1913 c 560 s 6; 1973 c 89 s 1
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.38 — Sealing; Misdemeanor.

239.38 SEALING; MISDEMEANOR.
Every person who shall buy, sell, or dispose of any goods or commodities by an unsealed weight, measure, or scale kept by the person, or shall knowingly use any such weight, measure, or scale which has been sealed, but is incorrect, shall be guilty of a misdemeanor; but no contract of sale shall thereby be rendered void.
History:
(7032) RL s 2729; 1975 c 313 s 23; 1986 c 444
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.44 — Misdemeanor Violation.

239.44 MISDEMEANOR VIOLATION.
Whoever in selling gives a lower number or, in buying, takes a greater number of pounds or cubic feet to the bushel, barrel, ton, or cord, as the case may be, than is allowed and provided in sections 239.32 and 239.33, or in selling, gives a lower number, is guilty of a misdemeanor.
History:
(7030) 1913 c 560 s 9; 1977 c 364 s 19; 1991 c 198 s 11; 2014 c 222 art 1 s 51
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.46 — Fines Credited To School Funds.

239.46 FINES CREDITED TO SCHOOL FUNDS.
All fines collected under sections 239.32, 239.33, and 239.38 shall be paid to the county treasurer for the benefit of the school fund of the county where the action is brought.
History:
(7035) RL s 2732; 1976 c 239 s 76; 2014 c 222 art 1 s 52; art 2 s 14
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.531 — Anhydrous Ammonia.

239.531 ANHYDROUS AMMONIA.
Anhydrous ammonia may be sold at the retail level to any buyer using a temperature correctable liquid meter.
History:
1988 c 448 s 1; 1991 c 198 s 11
2023 Minnesota Statutes › Chapter 239 — Weights And Measures › Chapter 239 — Weights, Measures › Section 239.7511 — Gas Tax Sign On Petroleum Dispenser.

239.7511 GAS TAX SIGN ON PETROLEUM DISPENSER.
(a) The director must ensure that signs having 12-point font or greater are affixed on retail petroleum dispensers as follows:
(1) for regular or premium gasoline, a sign that reads: "The price for each gallon of gasoline includes the current state gasoline tax of 28.5 cents per gallon and federal gasoline tax of 18.4 cents per gallon. Revenue from the state fuel tax may be used only for roads and bridges, according to the Minnesota Constitution."; and
(2) for diesel fuel, a sign that reads: "The price for each gallon of diesel fuel includes the current state gasoline tax of 28.5 cents per gallon and federal gasoline tax of 24.4 cents per gallon. Revenue from the state fuel tax may be used only for roads and bridges, according to the Minnesota Constitution."
(b) The director must distribute the signs under this section to the owner or operator of retail petroleum dispensers. To the extent possible, the director must coordinate the distribution of signs with other duties the director may have involving retail petroleum dispensers.
(c) If the amount of the gasoline tax described in paragraph (a), clauses (1) and (2), changes, the director must distribute revised signs to reflect the updated gasoline tax amounts within 12 calendar months of the change.
(d) The director is prohibited from assessing any penalty, fine, or fee on the owner or operator of a retail petroleum dispenser that has a missing, destroyed, defaced, or otherwise damaged gas tax sign.
History:
2017 c 94 art 8 s 9