reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.69 — Nonliability Of State.

17.69 NONLIABILITY OF STATE.
No liability shall be imposed upon the state of Minnesota for any acts or omissions of the commissioner or any council established pursuant to sections 17.51 to 17.69.
History:
1969 c 1021 s 19; 1976 c 149 s 62 subd 2
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.692 — Declaration Of Policy.

17.692 DECLARATION OF POLICY.
Agricultural products are produced in Minnesota by many individual farmers, ranchers, and handlers scattered throughout the state. The efficient production and marketing of agricultural products by farmers, ranchers, and handlers is of vital concern to their welfare and to the general economy of Minnesota. The marketing and bargaining position of individual farmers, ranchers, and handlers will be adversely affected unless they are free to join together voluntarily in cooperative organizations as authorized by law. Interference with this right is contrary to the public interest, adversely affects the free and orderly flow of goods in interstate and foreign commerce, and affects the welfare of the people of Minnesota. It is, therefore, declared to be the policy of this state and the purpose of this chapter to establish standards of fair practices required of handlers and producers in their dealings in agricultural products and to encourage settlement of disputes between handlers and producers of agricultural products.
History:
1973 c 736 s 2; 1998 c 373 s 2
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.693 — Definitions.

17.693 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of sections 17.691 to 17.702, the terms defined in this section have the meanings given them.
Subd. 2.
Association; association of producers.
"Association" or "association of producers" means an association of producers of agricultural commodities engaged in marketing, bargaining, shipping, or processing an agricultural commodity into agricultural products on behalf of its members who are producers of the agricultural commodity, which has been accredited by the commissioner.
Subd. 3.
[Repealed, 1996 c 310 s 1]
Subd. 4.
Producer.
"Producer" means any person, who in any one calendar year within the previous two calendar years, produces or causes to be produced any agricultural commodity in quantity beyond the person's own family use, and who is able to transfer, during the calendar year, to a handler or an association a merchantable title to the agricultural commodity or provide management, labor, machinery, facilities, or any other production input, with the assumption of risk, for the production of the agricultural commodity under a written contract.
Subd. 5.
Agricultural commodity.
"Agricultural commodity" includes all agricultural goods produced under contract for marketing as defined by the commissioner of agriculture. It does not include any commodity sold by a producer to another producer for the other's own exclusive use and not for resale. The kinds, types and subtypes of products to be classed together as an agricultural commodity for the purposes of sections 17.691 to 17.701 shall be determined by the commissioner on the basis of common usage and practice.
Subd. 6.
Handler.
"Handler" means a person, other than an association, engaged in the business or practice of acquiring agricultural commodities from producers or associations for processing or sale; grading, packaging, handling, storing, or processing agricultural commodities received from producers or associations; contracting or negotiating contracts or other arrangements with or on behalf of producers or associations with respect to the production of any agricultural commodity; or acting as an agent or broker for a handler in the performance of any function or act specified above. It does not include a producer who sells at a retail establishment which the producer owns and operates or who sells at a produce market, agricultural commodities produced by the producer and agricultural commodities produced by another producer subject to value limitation established by the commissioner.
Subd. 7.
[Repealed, 1996 c 310 s 1]
Subd. 8.
Marketing year.
"Marketing year" shall mean, generally, any time between the second day of February of the previous calendar year and the first day of February of the subsequent year, unless the commissioner shall determine an alternative time period for a specific agricultural commodity to be designated as its marketing year.
History:
1973 c 736 s 3; 1986 c 444; 1998 c 373 s 3-5; 2001 c 161 s 57
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.695 — Marketing And Bargaining Committee.

17.695 MARKETING AND BARGAINING COMMITTEE.
Subdivision 1.
Establishment.
After accreditation of the association, the association shall establish and authorize a marketing and bargaining committee to negotiate, as the association's exclusive agent, with handlers for the sale and marketing of the agricultural commodity for which the association was accredited.
Subd. 2.
Membership.
This committee shall be comprised of members of the association elected by the association in a secret ballot election, except that the association may contract with legal counsel who shall, at the discretion of the association, be eligible for membership on the committee.
Subd. 3.
Eligibility.
The production of the agricultural commodity shall comprise a significant portion of the total producing operation of each committee member.
Subd. 4.
Ineligible members.
Members who have any quantity contracted with a producer owned and controlled processing cooperative are not eligible to serve on a marketing and bargaining committee for such a commodity.
History:
1973 c 736 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.696 — Unfair Practices Of Handlers And Associations.

17.696 UNFAIR PRACTICES OF HANDLERS AND ASSOCIATIONS.
Subdivision 1.
Unfair practices by handler.
Producers of agricultural commodities are free to join together voluntarily in associations as authorized by law without interference by handlers. A handler shall not engage in any of the following practices, defined as unfair practices:
(a) To coerce a producer in the exercise of the right to join and belong to or to refrain from joining or belonging to an association or to refuse to deal with a producer because of the exercise of the right to join and belong to an association.
(b) To discriminate against a producer with respect to price, quantity, quality or other terms of purchase, acquisition or other handling of agricultural products because of membership in or contract with an association.
(c) To coerce or intimidate a producer to breach, cancel or terminate a membership agreement or marketing contract with an association or a contract with a handler.
(d) To pay or loan money, give anything of value or offer any other inducement or reward to a producer for refusing or ceasing to belong to an association.
(e) To make or circulate unsubstantiated reports about the finances, management or activities of associations or other handlers.
(f) To conspire, combine, agree or arrange with any other person to do or aid or abet the doing of any practice which is in violation of sections 17.691 to 17.701.
(g) To refuse to bargain with an association with whom the handler has had prior dealings or with an association whose producers in the bargaining units have had dealings with the handler prior to July 1, 1973.
Subd. 2.
Unfair practices by association.
An association shall not engage nor permit an employee or agent to engage in the following practices, defined as unfair practices:
(1) coerce a producer in the exercise of the right to join and belong to or to refrain from joining or belonging to an association or refuse to deal with a producer because of the exercise of the right to join and belong to or refrain from joining an association;
(2) enter into a contract which discriminates against a producer represented by that association;
(3) act in a manner contrary to the bylaws of the association;
(4) coerce or intimidate a handler to breach, cancel, or terminate an agreement or marketing contract with an association or a contract with a producer;
(5) make or circulate unsubstantiated reports about the finances, management, or activities of other associations or handlers; or
(6) conspire, combine, agree, or arrange with another person to do or aid or abet the doing of any practice which is in violation of sections 17.691 to 17.702.
History:
1973 c 736 s 6; 1986 c 444; 1998 c 373 s 11; 2001 c 161 s 57
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.698 — Factors To Be Considered In Mediation And Arbitration.

17.698 FACTORS TO BE CONSIDERED IN MEDIATION AND ARBITRATION.
All decisions of mediation and arbitration which result from section 17.697 must consider the following factors:
(1) prices or projected prices for the agricultural commodity paid by the competing handlers in the market area or competing market areas worldwide;
(2) amount of the commodity produced or projections of production in the production area or competing marketing areas worldwide;
(3) relationship between the quantity produced and the quantity handled by the handler;
(4) the producers cost of production including the cost which would be involved in paying farm labor a fair wage rate and providing them with adequate housing;
(5) the efficiency of farm operations of similar size and the projected prices of alternative agricultural commodities grown in the market area;
(6) the cost of production of similar sized handlers;
(7) the average consumer prices for goods and services, commonly known as the cost of living;
(8) the component of the agricultural commodity that makes up the producer's income;
(9) the impact of the award on the competitive position of the handler in the marketing area or competing areas worldwide;
(10) the impact of the award on the competitive position of the agricultural commodity in relationship to competing commodities;
(11) a fair return on investment;
(12) kind, quality, or grade of the commodity involved;
(13) stipulation of the parties; and
(14) other factors which are normally or traditionally taken into consideration in determining prices, quality, quantity, and the costs of other services involved.
History:
1973 c 736 s 8; 1998 c 373 s 13
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.70 — Violation Procedure.

17.70 VIOLATION PROCEDURE.
Subdivision 1.
Commissioner's duties.
For the purpose of sections 17.691 to 17.702, the commissioner may receive complaints with respect to violations or threatened violations. The commissioner may make all necessary investigations, examinations or inspections of any violation or threatened violation specified in the sworn complaint filed with the commissioner. If, upon such investigation, the commissioner considers that there is reasonable cause to believe that the person charged has committed a practice in violation of sections 17.691 to 17.702, the commissioner shall issue and cause to be served a complaint upon the person. The complaint shall summon the person to a hearing before the commissioner at the time and place fixed.
Subd. 2.
Findings of fact; order.
If the commissioner determines that the person complained of has committed a practice in violation of sections 17.691 to 17.702, the commissioner shall state findings of fact and shall issue and cause to be served on the person an order to cease the violation and shall order further affirmative action as will effectuate the policies of sections 17.691 to 17.702.
Subd. 3.
Dismissal.
If the commissioner is of the opinion that the person complained of has not committed a practice in violation of sections 17.691 to 17.702, the commissioner shall make findings of fact and issue an order dismissing the complaint.
Subd. 4.
Modification or set aside.
Until the record in a case has been filed in a court the commissioner may, at any time upon reasonable notice and in such manner as the commissioner deems proper, modify or set aside, in whole or in part, any finding or order made or issued, with jurisdiction for such a change specified in additional findings of fact.
Subd. 5.
Enforcement.
The commissioner may request the attorney general of the state of Minnesota to seek the appropriate temporary relief or restraining order of injunction in district court to insure the enforcement of the commissioner's findings.
History:
1973 c 736 s 10; 1986 c 444; 1998 c 373 s 14-16; 2001 c 161 s 57
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.701 — Rules.

17.701 RULES.
The commissioner may promulgate rules necessary for the administration of sections 17.691 to 17.702 in accordance with sections 17.691 to 17.702 and chapter 14.
History:
1973 c 736 s 11; 1982 c 424 s 130; 1998 c 373 s 17; 2001 c 161 s 57
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.702 — Negotiation Classes Required.

17.702 NEGOTIATION CLASSES REQUIRED.
Upon accreditation of an association of producers, at least two members of bargaining teams from both the association and the handler named in the application must attend instructional classes covering negotiation, mediation, arbitration, and facilitation approved by the commissioner. The instruction period must be at least three hours. The informational exchanges may not commence unless certificates of completion are on file with the commissioner. After an association has been accredited for a period exceeding one year, the association and the handler must have at least one member of their bargaining team in informational exchanges or negotiations complete training in the previous year of at least three hours in negotiation, mediation, arbitration, and facilitation, as described in this section, before the dates for informational exchanges are determined. Verification of training must accompany the notification to the commissioner that informational exchanges are scheduled.
History:
1998 c 373 s 18
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.710 — Agricultural Contracts.

17.710 AGRICULTURAL CONTRACTS.
(a) A production contract entered into, renewed, or amended on or after July 1, 1999, between an agricultural producer and a processor of agricultural products must not contain provisions that prohibit the producer from disclosing terms, conditions, and prices contained in the contract. Any provision prohibiting disclosure by the producer is void.
(b) A contract entered into, renewed, or amended on or after July 1, 2023, between an agricultural producer and an entity buying, selling, certifying, or otherwise participating in a market for stored carbon must not contain provisions that prohibit the producer from disclosing terms, conditions, and prices contained in the contract. Any provision prohibiting disclosure by the producer is void.
History:
1999 c 231 s 32; 2023 c 43 art 2 s 12
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.80 — State Agricultural Land Preservation And Conservation Policy.

17.80 STATE AGRICULTURAL LAND PRESERVATION AND CONSERVATION POLICY.
Subdivision 1.
Policy.
It is the policy of the state to preserve agricultural land and conserve its long-term use for the production of food and other agricultural products by:
(a) Protection of agricultural land and certain parcels of open space land from conversion to other uses;
(b) Conservation and enhancement of soil and water resources to ensure their long-term quality and productivity;
(c) Encouragement of planned growth and development of urban and rural areas to ensure the most effective use of agricultural land, resources and capital; and
(d) Fostering of ownership and operation of agricultural land by resident farmers.
Subd. 2.
Methods.
The legislature finds that the policy in subdivision 1 will be best met by:
(a) Defining and locating lands well suited for the production of agricultural and forest products, and the use of that information as part of any local planning and zoning decision;
(b) Providing local units of government with coordinating guidelines, tools and incentives to prevent the unplanned and unscheduled conversion of agricultural and open space land to other uses;
(c) Providing relief from escalating property taxes and special assessments and protection of normal farm operations in agricultural areas subject to development pressures;
(d) Development of state policy to increase implementation of soil and water conservation by farmers;
(e) Assuring that state agencies act to maximize the preservation and conservation of agricultural land and minimize the disruption of agricultural production, in accordance with local social, economic and environmental considerations of the agricultural community;
(f) Assuring that public agencies employ and promote the use of management procedures which maintain or enhance the productivity of lands well suited to the production of food and other agricultural products;
(g) Guiding the orderly development and maintenance of transportation systems in rural Minnesota while preserving agricultural land to the greatest possible extent;
(h) Guiding the orderly construction and development of energy generation and transmission systems and enhancing the development of alternative energy to meet the needs of rural and urban communities and preserve agricultural land to the greatest possible extent by reducing energy costs and minimizing the use of agricultural land for energy production facilities; and
(i) Guiding the orderly development of solid and hazardous waste management sites to meet the needs and safety of rural and urban communities and preserve agricultural land to the greatest possible extent by minimizing the use of agricultural land for waste management sites.
History:
1982 c 512 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.81 — Definitions.

17.81 DEFINITIONS.
Subdivision 1.
Applicability.
For the purposes of sections 17.80 to 17.84, the terms defined in this section have the meanings given them.
Subd. 2.
Action which adversely affects.
"Action which adversely affects" means any of the following actions taken in respect to agricultural land which have or would have the effect of substantially restricting the agricultural use of the land: (1) acquisition for a nonagricultural use except acquisition for any unit of the outdoor recreation system described in section 86A.05, other than a trail described in subdivision 4 of that section; (2) granting of a permit, license, franchise or other official authorization for nonagricultural use; (3) lease of state-owned land for nonagricultural use except for mineral exploration or mining; or (4) granting or loaning of state funds for purposes which are not consistent with agricultural use.
Subd. 3.
Agricultural land.
"Agricultural land" means land which is in agricultural use, and which has been identified as agricultural land by a local unit of government pursuant to Minnesota Statutes 2020, sections 366.10 to 366.181, or sections 394.21 to 394.37, 462.351 to 462.364, or 473H.04, or which is composed of predominantly class I, II, III, or IV soils as identified in the land capability classification system of the United States Department of Agriculture Natural Resources Conservation Service and the county soil survey, if completed.
Subd. 4.
Agricultural use.
"Agricultural use" means use of land for the production of livestock, dairy animals, dairy products, poultry and poultry products, fur bearing animals, horticultural and nursery stock which is under chapter 18H, fruit of all kinds, vegetables, forage, grains, bees, and apiary products. Wetlands, pasture and woodlands accompanying land in agricultural use shall be considered to be in agricultural use.
Subd. 5.
Agency.
"Agency" means a department identified in section 15.01, and any other agency of the state whose actions are by virtue of other law governed by the provisions of sections 17.80 to 17.84.
Subd. 6.
[Repealed, 1996 c 310 s 1]
History:
1982 c 512 s 2; 2007 c 13 art 3 s 7; 2015 c 21 art 1 s 109; 2023 c 25 s 4
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.82 — Prohibited Agency Action.

17.82 PROHIBITED AGENCY ACTION.
Any agency action which the agency determines will adversely affect ten acres or more of agricultural land shall be referred to the commissioner to be reviewed and acted upon as provided in section 17.84. No agency shall take any action which adversely affects ten acres or more of agricultural land without first attempting to find alternative methods or locations for the action or otherwise attempting to reduce the adverse affects. If, after evaluating the alternatives, the agency determines that the benefit to the state from preserving the agricultural use of the land is less than the cost of implementing an alternative action, the agency shall inform the commissioner of that determination in writing.
An agency action is not subject to review under this section or section 17.84 if the action is reviewed as required by chapter 116D and the environmental review rules adopted under that chapter, or if a political subdivision is required by law to review and approve the action.
History:
1982 c 512 s 3
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.84 — Duties Of Commissioner.

17.84 DUTIES OF COMMISSIONER.
Within 30 days of the receipt of the notice provided in section 17.82, the commissioner shall review the agency's proposed action, shall negotiate with the agency, and shall recommend to the agency in writing the implementation either of the action as proposed or an alternative. In making recommendations, the commissioner shall follow the statement of policy contained in section 17.80. If the agency receives no response from the commissioner within 30 days, it shall be deemed a recommendation that the agency take the action as proposed.
History:
1982 c 512 s 5; 1995 c 233 art 2 s 35
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.844 — Livestock Production Policy.

17.844 LIVESTOCK PRODUCTION POLICY.
(a) The policy of the state is to promote livestock production on family farms under a broad range of management systems that are environmentally sound and meet all legal requirements of all jurisdictions, including federal, state, county, town, city, and watershed district requirements.
(b) In order to promote livestock production on family farms, state agencies when appropriate shall, to the extent allowed by law:
(1) promote the establishment of livestock enterprises on family farms;
(2) promote environmental protection and water quality improvement through increased livestock production that results in controlling runoff through increased acreage of hay, pasture, and small grains; and
(3) promote more farms to use agronomically applied manure to increase the water holding capacity of the soil and control erosion.
History:
2004 c 254 s 2
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.85 — Laboratory Services.

17.85 LABORATORY SERVICES.
Subdivision 1.
Account.
A laboratory services account is established in the agricultural fund. Payments for laboratory services performed by the Laboratory Services Division of the Department of Agriculture must be deposited in the agricultural fund and credited to the laboratory services account. Money in the account, including interest earned on the account, is annually appropriated to the commissioner of agriculture to administer the programs of the Laboratory Services Division.
Subd. 2.
Agriculture laboratory.
The agriculture laboratory exists to provide analytical and technical services in support of agency programs that protect and enhance the states' agriculture, environment, and food chain. The laboratory may provide analytical and technical services for a fee to any public or private entity as requested or required to meet department objectives in support of Minnesota agriculture and a national food safety system.
History:
1988 c 688 art 20 s 1; 1999 c 231 s 33; 1Sp2001 c 2 s 31
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.861 — Replacement Of Mercury Manometers.

17.861 REPLACEMENT OF MERCURY MANOMETERS.
The commissioner, in cooperation with the Pollution Control Agency, dairy equipment manufacturers and suppliers, and other interested parties, shall develop a program to provide replacement nonmercury manometers for a $50 fee and to arrange for the acceptance, disposal, and recycling of the mercury, apparatus, and manometers at no cost to the dairy farmer. The mercury, manometers, and apparatus shall be managed in accordance with sections 115A.932 and 116.92.
History:
1997 c 216 s 26; 1Sp2005 c 1 art 2 s 161
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.90 — Definitions.

17.90 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to sections 17.90 to 17.98.
Subd. 1a.
Agricultural contract.
"Agricultural contract" means any written contract between a contractor and a producer, but does not include a contract between a grain buyer licensed under section 223.17, subdivision 1, who purchases grain from a producer as a merchant or seller of grain and does not contract with the producer to grow or raise the crops producing the grain.
Subd. 2.
Agricultural commodity.
"Agricultural commodity" means a material produced for use in or as food, feed, seed, or fiber and includes crops for fiber, food, oilseeds, seeds, livestock, livestock products, poultry, poultry products, and other products or by-products of the farm produced for the same or similar use.
Subd. 3.
Contractor.
"Contractor" means a person who in the ordinary course of business buys agricultural commodities grown or raised in this state or who contracts with a producer to grow or raise agricultural commodities in this state.
Subd. 3a.
[Renumbered subd 3c]
Subd. 3b.
Grain.
"Grain" has the meaning given in section 223.16, subdivision 4.
Subd. 3c.
Legible type.
"Legible type" means a typeface at least as large as ten-point modern type, one-point leaded.
Subd. 4.
Producer.
"Producer" means a person who produces or causes to be produced an agricultural commodity in a quantity beyond the person's own family use and:
(1) is able to transfer title to another; or
(2) provides management, labor, machinery, facilities, or any other production input for the production of an agricultural commodity.
History:
1990 c 517 s 1; 2000 c 470 s 1-3; 2002 c 373 s 4,5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.91 — Required Language.

17.91 REQUIRED LANGUAGE.
Subdivision 1.
Mediation; arbitration.
A contract for an agricultural commodity between a contractor and a producer must contain language providing for resolution of contract disputes by either mediation or arbitration. If there is a contract dispute, either party may make a written request to the commissioner for mediation or arbitration services as specified in the contract, to facilitate resolution of the dispute.
Subd. 2.
Written disclosure of risks.
An agricultural contract must be accompanied by a clear written disclosure setting forth the nature of the material risks faced by the producer if the producer enters into the contract. The statement must meet the plain language requirements of section 17.943. The statement may be in the form of a written statement or checklist and may be developed in cooperation with producers or producer organizations. A contractor may submit a sample material risk disclosure statement to the commissioner for examination. If the commissioner approves of the statement or fails to respond within 30 days of receipt of the statement, the statement will be deemed to comply with this subdivision and with the plain language requirements of section 17.943.
History:
1990 c 517 s 2; 2000 c 470 s 4
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.92 — Recapture Of Capital Investment Required By An Agricultural Contract.

17.92 RECAPTURE OF CAPITAL INVESTMENT REQUIRED BY AN AGRICULTURAL CONTRACT.
Subdivision 1.
Notice and damages to be paid.
A contractor must not terminate or cancel a contract that requires a producer of agricultural commodities to make a capital investment in buildings or equipment that cost $100,000 or more and have a useful life of five or more years until:
(1) the producer has been given written notice of the intention to terminate or cancel the contract at least 180 days before the effective date of the termination or cancellation or as provided in subdivision 3; and
(2) the producer has been reimbursed for damages incurred by an investment in buildings or equipment that was made for the purpose of meeting minimum requirements of the contract.
Subd. 2.
Notice when producer breaches contract.
Except as provided in subdivision 3, if a producer fails to comply with the provisions of a contract that requires a capital investment subject to subdivision 1, a contractor may not terminate or cancel that contract until:
(1) the contractor has given written notice with all the reasons for the termination or cancellation at least 90 days before termination or cancellation or as provided in subdivision 3; and
(2) the recipient of the notice fails to correct the reasons stated for termination or cancellation in the notice within 60 days of receipt of the notice.
Subd. 3.
Immediate effect of notice.
The 180-day notice period under subdivision 1, clause (1), and the 90-day notice period and 60-day notice period under subdivision 2, clauses (1) and (2), are waived and the contract may be canceled or terminated immediately if the alleged grounds for termination or cancellation are:
(1) voluntary abandonment of the contract relationship by the producer; or
(2) conviction of the producer of an offense directly related to the business conducted under the contract.
History:
1990 c 517 s 3
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.93 — Parent Company Responsibility For Contracts Of Subsidiaries.

17.93 PARENT COMPANY RESPONSIBILITY FOR CONTRACTS OF SUBSIDIARIES.
Subdivision 1.
Licensing.
If a contractor is required to obtain a license to purchase agricultural commodities, the licensing authority may require the parent company of a licensee subsidiary to guarantee payment or contract performance as a condition of licensing.
Subd. 2.
Parent company liability.
If an agricultural contractor is the subsidiary of another corporation, partnership, or association, the parent corporation, partnership, or association is liable to a seller for the amount of any unpaid claim or contract performance claim if the contractor fails to pay or perform according to the terms of the contract.
History:
1990 c 517 s 4
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.94 — Implied Promise Of Good Faith.

17.94 IMPLIED PROMISE OF GOOD FAITH.
There is an implied promise of good faith as defined in section 336.1-201(b)(20), by all parties in all agricultural contracts. In an action to recover damages, if the court finds that there has been a violation of this provision, damages, court costs, and attorney fees may be recovered.
History:
1990 c 517 s 5; 2004 c 162 art 3 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.941 — Producer's Right To Cancel.

17.941 PRODUCER'S RIGHT TO CANCEL.
A producer may cancel an agricultural contract by mailing a written cancellation notice to the contractor within three business days after the producer receives a copy of the signed contract, or before a later cancellation deadline if a later deadline is specified in the contract. The producer's right to cancel, the method by which the producer may cancel, and the deadline for canceling the contract shall be clearly disclosed in every agricultural contract.
History:
2000 c 470 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.942 — Cover Sheet Requirements.

17.942 COVER SHEET REQUIREMENTS.
Subdivision 1.
Mandatory cover page.
An agricultural contract entered into or substantively amended after January 1, 2001, must contain as the first page, or first page of text if it is preceded by a title page or pages, a cover sheet as provided in this section.
Subd. 2.
Requirements.
The cover sheet or sheets must comply with section 17.943, and must contain the following:
(1) a brief statement that the document is a legal contract between the contractor and the producer;
(2) the statement "READ YOUR CONTRACT CAREFULLY. This cover sheet provides only a brief summary of your contract. This is not the contract and only the terms of the actual contract are legally binding. The contract itself sets forth, in detail, the rights and obligations of both you and the contractor. IT IS THEREFORE IMPORTANT THAT YOU READ YOUR CONTRACT CAREFULLY.";
(3) the written disclosure of material risks required by section 17.91, subdivision 2;
(4) a statement detailing, in plain language, the producer's right to review the contract as described in section 17.941; and
(5) an index of the major provisions of the contract and the pages on which they are found, including:
(i) the names of all parties to the contract;
(ii) the definition sections of the contract;
(iii) the provisions governing cancellation, renewal, or amendment of the contract by either party;
(iv) the duties or obligations of each party; and
(v) any provisions subject to change in the contract.
History:
2000 c 470 s 6
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.943 — Contract Format.

17.943 CONTRACT FORMAT.
Subdivision 1.
Readability.
An agricultural contract must be in legible type, appropriately divided and captioned by its various sections, and written in clear and coherent language using words and grammar that are understandable by a person of average intelligence, education, and experience within the industry.
Subd. 2.
Exceptions.
Subdivision 1 does not apply to particular words, phrases, provisions, or forms of agreement specifically required, recommended, or endorsed by a state or federal statute, rule, or regulation.
Subd. 3.
Customarily used terms.
An agricultural contract may include technical terms to describe the services or property which are the subject of the contract, if the terms are customarily used by producers in the ordinary course of business in connection with the services or property being described.
History:
2000 c 470 s 7
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.9441 — Limits On Remedies.

17.9441 LIMITS ON REMEDIES.
Subdivision 1.
Penalties.
In a proceeding in which civil penalties are claimed from a party for a violation of section 17.943, it is a defense to the claim that the party made a good faith and reasonable effort to comply with section 17.943.
Subd. 2.
Attorney's fees.
A party who has made a good faith and reasonable effort to comply with section 17.943 may not be assessed attorney's fees or costs of investigation in an action for violating section 17.943.
Subd. 3.
Class action attorney's fees.
In a class action or series of class actions that arise from the use by a contractor of an agricultural contract found to violate section 17.943, the amount of attorney's fees and costs of investigation assessed against that contractor and in favor of the class or classes may not exceed $10,000.
Subd. 4.
Limits on producer actions.
Violation of section 17.943 is not a defense to a claim arising from a producer's breach of an agricultural contract. A producer may recover actual damages caused by a violation of section 17.943 only if the violation caused the producer to not understand the rights, obligations, or remedies of the contract.
Subd. 5.
Statute of limitations.
A claim that an agricultural contract violates section 17.943 must be raised within six years of the date the contract is executed by the producer.
History:
2000 c 470 s 9
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.9442 — Applicability Of Contract Requirements.

17.9442 APPLICABILITY OF CONTRACT REQUIREMENTS.
The requirements for the written disclosure of material risks under section 17.91, subdivision 2; the three-day review period under section 17.941; the cover sheet requirement under section 17.942; and the contract readability requirements under section 17.943, subdivision 1, do not apply to contracts which provide for:
(1) the sale and purchase of a fixed amount of a commodity for delivery at a set price;
(2) cash sale and forward delivery grain contracts for grain meeting certain specifications and does not prescribe the time, manner, and nature of planting, cultivating, and harvesting the crop producing the grain, including fixed price forward contracts, minimum price contracts, mini-max contracts, basis contracts, hedge-to-arrive contracts, and delayed price contracts;
(3) contracts agreed to between a processor and an accredited bargaining organization under sections 17.691 to 17.702;
(4) futures contracts which involve the sale or purchase of a standardized quantity of a commodity for future delivery on a regulated commodity exchange;
(5) agricultural marketing contracts between a capital stock cooperative and its members under section 308A.205; or
(6) occasional sales between persons who produce or cause to be produced food, feed, or fiber in a quantity beyond their own family use.
History:
2000 c 470 s 10; 2001 c 161 s 57; 2002 c 373 s 6
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.9443 — Waiver Of Contract Provisions Is Void.

17.9443 WAIVER OF CONTRACT PROVISIONS IS VOID.
Any provision of an agricultural contract which waives or attempts to waive any provision of sections 17.90 to 17.97 is void.
History:
2000 c 470 s 11
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.95 — Department Of Agriculture Ombudsman.

17.95 DEPARTMENT OF AGRICULTURE OMBUDSMAN.
A position is created in the Department of Agriculture to provide information, investigate complaints arising from this chapter, and provide or facilitate dispute resolutions.
History:
1990 c 517 s 7
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.97 — Agricultural Input Prepayments.

17.97 AGRICULTURAL INPUT PREPAYMENTS.
If a producer makes a prepayment for agricultural production inputs that include but are not limited to seed, feed, fertilizer, pesticides, or fuel for future delivery, the producer may demand a letter of credit or bank guarantee from the provider of the inputs to ensure reimbursement if delivery does not occur.
History:
1990 c 517 s 8
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.98 — Dairy Marketing Contracts Excepted.

17.98 DAIRY MARKETING CONTRACTS EXCEPTED.
Dairy marketing agreements between producers and purchasers of milk are not contracts for purposes of sections 17.90 to 17.98.
History:
1990 c 517 s 9
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.982 — Criminal And Administrative Penalties.

17.982 CRIMINAL AND ADMINISTRATIVE PENALTIES.
Subdivision 1.
Criminal penalties.
A person who violates a provision of chapter 25 or 31B for which a penalty has not been prescribed is guilty of a misdemeanor.
Subd. 2.
Administrative penalties.
(a) The commissioner may, as an alternative to misdemeanor prosecution, impose an administrative penalty on a person who violates a statute or rule enforceable by the commissioner. For a first violation, the commissioner may impose an administrative penalty of not more than $1,000 for each violation. For a second or succeeding violation, the commissioner may impose an administrative penalty of not more than $1,500 for each violation. Each day a violation continues is a separate violation.
(b) In determining the amount of the administrative penalty the commissioner may consider:
(1) the willfulness of the violation;
(2) the gravity of the violation;
(3) the person's history of past violations;
(4) the number of violations;
(5) the economic benefit from the violation; and
(6) other factors identified in the commissioner's citation.
(c) For a second or succeeding violation, the commissioner shall determine the amount of a penalty by considering the factors in paragraph (b) and:
(1) similarity between the violations;
(2) time elapsed since the last violation; and
(3) the person's response to the most recent violation.
History:
1991 c 316 s 2; 1999 c 231 s 34; 1Sp2005 c 1 art 1 s 11; 2007 c 45 art 1 s 20; 2012 c 244 art 2 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.983 — Administrative Penalties And Enforcement.

17.983 ADMINISTRATIVE PENALTIES AND ENFORCEMENT.
Subdivision 1.
Administrative penalties; citation.
If a person has violated a provision of chapter 25 or 31B, the commissioner may issue a written citation to the person by personal service or by certified mail. The citation must describe the nature of the violation and the statute or rule alleged to have been violated; state the time for correction, if applicable; and the amount of any proposed fine. The citation must advise the person to notify the commissioner in writing within 30 days if the person wishes to appeal the citation. If the person fails to appeal the citation, the citation is the final order and not subject to further review.
Subd. 2.
[Repealed, 1Sp2005 c 1 art 1 s 98]
Subd. 3.
Contested case.
If a person appeals a citation or a penalty assessment within the time limits in subdivision 1, the commissioner shall initiate a contested proceeding under chapter 14.
History:
1991 c 316 s 3; 1993 c 65 s 2; 1999 c 231 s 35; 1Sp2005 c 1 art 1 s 12,13; 2007 c 45 art 1 s 21; 2012 c 244 art 2 s 2; 2017 c 88 art 3 s 2; 2023 c 43 art 2 s 13
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.985 — Passing On The Farm Center.

17.985 PASSING ON THE FARM CENTER.
Subdivision 1.
Purpose; objectives.
The Passing on the Farm Center is established as a part of Southwest Technical College in Granite Falls to assist individuals beginning farming and family farming operations. The center shall also assist in facilitating the transition of farming operations from established farmers to beginning farmers by creating and maintaining an information base inventorying land and facilities available for acquisition and bringing them together to increase the number of family farming operations in this state. The objectives of the center include, but are not limited to, the following:
(1) using the services of a certified public accountant, real estate agents, and attorneys to provide education in estate planning and farm transfer programs for interested retiring farmers;
(2) assessing needs of beginning farmers and retiring farmers in order to identify program and service opportunities including developing statewide apprenticeship programs between beginning and retiring farmers; and
(3) developing, coordinating, and delivering statewide through Southwest Technical College in Granite Falls and other entities, as appropriate, targeted education to beginning farmers and retiring farm families.
Subd. 2.
Programs and services.
Programs and services provided by the center must include, but are not limited to, the development of skills and knowledge in farm estate planning and other topics related to intergenerational farm transfer. The center shall develop and distribute a detailed questionnaire for interested retired farmers and landowners and beginning farmers for the purpose of connecting them with each other and to develop computerized lists. The center shall coordinate to the extent practicable with agricultural information centers.
Subd. 3.
Annual report.
The center shall submit a report annually to the legislature on or before February 1. The report shall include, but is not limited to, recommendations for methods by which more individuals may be encouraged to enter agriculture.
History:
1995 c 220 s 41
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.986 — Entry Into Farm Animal Facilities.

17.986 ENTRY INTO FARM ANIMAL FACILITIES.
No law enforcement, peace, or animal control officer may enter a facility where confined farm animals are kept unless the officer follows a procedure and directive for biosecurity measures that are identified by the commissioner of natural resources and the Board of Animal Health.
This section does not apply to emergency or exigent circumstances.
History:
1997 c 55 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.9891 — Purpose.

17.9891 PURPOSE.
The commissioner, in consultation with the commissioner of natural resources, commissioner of the Pollution Control Agency, and Board of Water and Soil Resources, may implement a Minnesota agricultural water quality certification program whereby a producer who demonstrates practices and management sufficient to protect water quality is certified for up to ten years and presumed to be contributing the producer's share of any targeted reduction of water pollutants during the certification period. The program is voluntary. The voluntary program will first be piloted in selected watersheds across the state, until the commissioner, in consultation with the Minnesota Agricultural Water Quality Certification Program Advisory Committee, commissioner of natural resources, commissioner of the Pollution Control Agency, and Board of Water and Soil Resources, determines the program is suitable to be implemented in other watersheds.
History:
2013 c 114 art 2 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 17 — Department Of Agriculture › Section 17.9892 — Definitions.

17.9892 DEFINITIONS.
Subdivision 1.
Application.
The definitions in this section apply to sections 17.9891 to 17.993.
Subd. 2.
Certification.
"Certification" means a producer has demonstrated compliance with all applicable environmental rules and statutes for all of the producer's owned and rented agricultural land and has achieved a satisfactory score through the certification instrument as verified by a certifying agent.
Subd. 3.
Certifying agent.
"Certifying agent" means a person who is authorized by the commissioner to assess producers to determine whether a producer satisfies the standards of the program.
Subd. 4.
Effective control.
"Effective control" means possession of land by ownership, written lease, or other legal agreement and authority to act as decision-maker for the day-to-day management of the operation at the time the producer achieves certification and for the required certification period.
Subd. 5.
Eligible land.
"Eligible land" means all acres of a producer's agricultural operation, whether contiguous or not, that are under the effective control of the producer at the time the producer enters into the program and that the producer operates with equipment, labor, and management.
Subd. 6.
Program.
"Program" means the Minnesota agricultural water quality certification program.
Subd. 7.
Technical assistance.
"Technical assistance" means professional, advisory, or cost-share assistance provided to individuals in order to achieve certification.
History:
2013 c 114 art 2 s 6