reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 32D — Dairy Law › Section 32D.17 — Laboratory Certification.

32D.17 LABORATORY CERTIFICATION.
(a) A laboratory and its methods are required to be approved or certified prior to testing Grade A milk samples. The results of approved or certified laboratories may be used by official regulatory agencies in enforcement of requirements for milk and milk products. The approval or certification remains valid unless suspended or revoked by the commissioner for failure to comply with the requirements of this chapter.
(b) Certified or approved laboratories must receive a permit from the commissioner. The permit remains valid without renewal unless suspended or revoked by the commissioner for failure to comply with the requirements of this chapter.
(c) Satisfactory analytical procedures and results for split samples, the nature, number, and frequency of which shall be in accordance with rules established by the commissioner, shall be required of a certified laboratory for retention of its certification and permit.
(d) An application for initial certification or biennial recertification, or for recertification following suspension or revocation of a permit, shall be accompanied by an annual fee based on the number of analyses approved and the number of specific tests for which they are approved. The fee must not be less than $150 nor more than $200 for each analysis approved and not less than $35 nor more than $50 for each test approved. The commissioner may annually adjust assessments within the limits established by this subdivision to meet the cost recovery of the services required by this section.
History:
2017 c 88 art 3 s 22
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 32D — Dairy Law › Section 32D.18 — Milk Bought By Weight; Testing Methods.

32D.18 MILK BOUGHT BY WEIGHT; TESTING METHODS.
Subdivision 1.
Milk fat, protein, and solids not fat bases of payment; tests.
(a) Milk must be purchased from producers using a formula based on one or more of the following:
(1) payment of a standard rate with uniform differentials for milk testing above or below 3.5 percent milk fat;
(2) payment of a standard rate for the pounds of milk fat contained in the milk;
(3) payment of a standard rate for the pounds of protein contained in the milk;
(4) payment of a standard rate for the pounds of nonfat solids contained in the milk; or
(5) payment of standard rates based on other attributes of value in the milk.
(b) In addition, an adjustment may be made on the basis of milk quality and other premiums. Testing procedures for determining the percentages of milk fat, protein, and nonfat solids must comply with the methods approved by the Association of Analytical Chemists or be as adopted by rule.
Subd. 2.
Apparatus to conform to specifications.
Glassware, test bottles, pipettes, acid measures, chemicals, scales, and other apparatus used in the operation of these tests shall conform to the specifications for the particular test method.
Subd. 3.
Penalties for violations.
A person who:
(1) employs any test other than those tests authorized by rule adopted by the commissioner, or any methods other than the standard official methods for determining the milk fat content of milk or cream;
(2) incorrectly samples milk or cream purchased or sold;
(3) incorrectly weighs milk or cream purchased or sold;
(4) incorrectly grades milk or cream purchased or sold;
(5) makes a false entry of the weight, test result, or grade of any milk or cream purchased or sold;
(6) incorrectly samples, weighs, tests, or records or reports weights or tests of skim milk or buttermilk purchased or sold;
(7) underreads the tests;
(8) falsifies the reading of the tests;
(9) manipulates the reading of the tests; or
(10) falsely states, certifies, or uses in the purchase or sale of milk or cream a misreading of such tests, whether the tests or actual reading have been made by the person or by any other person,
is guilty of a misdemeanor.
History:
2017 c 88 art 3 s 23
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 32D — Dairy Law › Section 32D.20 — Limitation On Sale.

32D.20 LIMITATION ON SALE.
Subdivision 1.
Pasteurization.
No milk or fluid milk products shall be sold, offered or exposed for sale, or held in possession for sale for the purpose of human consumption in fluid form in this state unless the milk or fluid milk product has been pasteurized, as defined in section 32D.01, subdivision 15, and cooled, provided that this section shall not apply to milk, cream, or skim milk occasionally secured or purchased for personal use by a consumer at the place or farm where the milk is produced.
Subd. 2.
Labels.
(a) Pasteurized milk or fluid milk products offered or exposed for sale or held in possession for sale shall be labeled or otherwise designated as pasteurized milk or pasteurized fluid milk products, and in the case of fluid milk products the label shall also state the name of the specific product.
(b) Milk and dairy products must be labeled (1) with the plant number where the product was produced; or (2) if produced in a state where official plant numbers are not assigned, with the name and address of the manufacturer or distributor.
History:
2017 c 88 art 3 s 25; 2019 c 38 s 18
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 32D — Dairy Law › Section 32D.21 — Cooling After Pasteurization.

32D.21 COOLING AFTER PASTEURIZATION.
Immediately following pasteurization, all milk and fluid milk products shall be cooled in properly operated equipment approved by the commissioner to a temperature of 45 degrees Fahrenheit or lower, and maintained at 45 degrees Fahrenheit or lower until delivered; provided, however, that if the milk or fluid milk product is to be cultured immediately after pasteurization, then cooling may be delayed until after the culturing process is completed; provided further that the commissioner may prescribe by rule standards more stringent than those imposed by this section.
History:
2017 c 88 art 3 s 26
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 32D — Dairy Law › Section 32D.22 — Manufacture Of Cheese; Requirements In Process.

32D.22 MANUFACTURE OF CHEESE; REQUIREMENTS IN PROCESS.
(a) No person, firm, or corporation shall manufacture, transport, sell, offer, or expose for sale or have in possession with intent to sell at retail to a consumer any cheese that has not been (1) manufactured from milk or milk products that have been pasteurized; (2) subjected to a heat treatment equivalent to pasteurization during the process of manufacturing or processing; or (3) subjected to an aging process where it has been kept for at least 60 days after manufacture at a temperature no lower than 35 degrees Fahrenheit.
(b) Any cheese described in paragraph (a), clause (3), that has been made from unpasteurized milk must be labeled with a statement that the cheese has been aged for 60 days or more.
History:
2017 c 88 art 3 s 27; 2019 c 38 s 19
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 32D — Dairy Law › Section 32D.23 — Recombinant Bovine Growth Hormone Labeling.

32D.23 RECOMBINANT BOVINE GROWTH HORMONE LABELING.
Subdivision 1.
Labeling.
Products offered for wholesale or retail sale in this state that contain milk, cream, or any product or by-product of milk or cream that have been processed and handled pursuant to this section may be labeled with an rBGH statement that is not false or misleading and in accordance with the federal labeling standards. Products offered for wholesale or retail sale in this state need not contain any further label information relative to the use of rBGH in milk production.
Subd. 2.
Affidavit; records.
(a) A dairy plant purchasing milk or cream to be used in products labeled with rBGH claims pursuant to subdivision 1 must provide an affidavit from each producer that states that all cows used in the producer's dairy operations have not and will not be treated with rBGH, without advanced written notice of at least 30 days.
(b) The affidavit must be signed by the producer or authorized representative. Affidavits must be kept on file for not less than two years after receiving written notice that rBGH use status will change.
(c) If a plant chooses to process and handle only milk or milk products sourced from cows who have not been treated with rBGH, the plant, as an alternative to providing individual producer affidavits, may provide one affidavit to certify that the plant has procedures in place to verify that all producers are not using rBGH. A copy of the written procedure that describes this verification process must also be provided with the plant affidavit.
(d) All affidavits and corresponding records must be available for inspection by the commissioner.
(e) Dairy plants supplying milk or cream to a processor or manufacturer of a product to be labeled pursuant to subdivision 1, for use in that product, shall supply a certification to that processor or manufacturer stating that producers of the supplied milk or cream have executed and delivered affidavits pursuant to this subdivision.
Subd. 3.
Separation of nontreated cows and milk.
Milk or cream from non-rBGH-treated cows used in manufacturing or processing of products labeled pursuant to subdivision 1 must be kept fully separate from any other milk or cream through all stages of storage, transportation, and processing until the milk or resulting dairy products are in final packaged form in a properly labeled container. Records of the separation must be kept by the dairy plant and product processor or manufacturer at all stages and made available to the commissioner for inspection.
History:
2017 c 88 art 3 s 28
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 32D — Dairy Law › Section 32D.30 — Dairy Development And Profitability Enhancement.

32D.30 DAIRY DEVELOPMENT AND PROFITABILITY ENHANCEMENT.
Subdivision 1.
Program.
The commissioner must implement a dairy development and profitability enhancement program consisting of dairy profitability enhancement teams and dairy business planning grants.
Subd. 2.
Dairy profitability enhancement teams.
(a) Dairy profitability enhancement teams must provide one-on-one information and technical assistance to dairy farms of all sizes to enhance their financial success and long-term sustainability. Teams must assist dairy producers in all dairy-producing regions of the state and may consist of farm business management instructors, dairy extension specialists, and other dairy industry partners. Teams may engage in activities including comprehensive financial analysis, risk management education, enhanced milk marketing tools and technologies, and facilitating or improving production systems including rotational grazing and other sustainable agriculture methods.
(b) The commissioner must make grants to regional or statewide organizations qualified to manage the various components of the teams. Each regional or statewide organization must designate a coordinator responsible for overseeing the program and submitting periodic reports to the commissioner regarding aggregate changes in producer financial stability, productivity, product quality, animal health, environmental protection, and other performance measures attributable to the program. The organizations must submit this information in a format that maintains the confidentiality of individual dairy producers.
Subd. 3.
Dairy business planning grants.
The commissioner may award dairy business planning grants of up to $5,000 per producer to develop comprehensive business plans. Producers must not use dairy business planning grants for capital improvements.
Subd. 4.
Funding allocation.
Except as specified in law, the commissioner may allocate dairy development and profitability enhancement program dollars among the permissible uses specified in this section, including efforts to improve the quality of milk produced in the state, in the proportions that the commissioner deems most beneficial to the state's dairy farmers.
Subd. 5.
Reporting.
No later than July 1 each year, the commissioner must submit a detailed accomplishment report and work plan detailing future plans for, and the actual and anticipated accomplishments from, expenditures under this section to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over agriculture policy and finance. If the commissioner significantly modifies a submitted work plan during the fiscal year, the commissioner must notify the chairs and ranking minority members.
History:
1Sp2021 c 3 art 1 s 6
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34 — Nonalcoholic Beverages › Section 34.001 — Definition.

34.001 DEFINITION.
Subdivision 1.
Scope.
Except where the context otherwise indicates, for the purposes of this chapter, the terms defined in this section have the meanings given them.
Subd. 2.
Commissioner.
"Commissioner" means the commissioner of the Department of Agriculture.
History:
1961 c 113 s 1; 1961 c 128 s 17
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34 — Nonalcoholic Beverages › Section 34.01 — Definitions.

34.01 DEFINITIONS.
Subdivision 1.
Terms.
Unless the language or context clearly indicates that a different meaning is intended, the terms defined in subdivisions 2 and 3, for the purposes of sections 34.02 to 34.11, shall have the meanings given them.
Subd. 2.
Soft drinks and other nonalcoholic beverages.
The term "soft drinks and other nonalcoholic beverages" means and includes (1) carbonated or still beverages, (2) natural and mineral waters, carbonated, plain or otherwise, (3) apple or fruit ciders, natural or reconstituted fruit juices, or cereal beverages and other finished beverages.
Subd. 3.
Adulterated soft drinks and nonalcoholic beverages.
In addition to the requirements of other laws relating to adulteration of food which are administered by the Department of Agriculture, all soft drinks and other nonalcoholic beverages not conforming to the provisions of sections 34.02 to 34.11, or to the rules, definitions, and standards made thereunder, shall be deemed to be adulterated.
Subd. 4.
[Renumbered 34.119]
History:
(3965-3, 3965-9) 1927 c 42 s 3,9; 1933 c 378 s 1; 1937 c 359 s 1; 1945 c 39 s 1; 1947 c 447 s 1; 1953 c 586 s 1; 1961 c 113 s 1; 1961 c 128 s 18; 1961 c 144 art 2 s 23; 1967 c 92 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34 — Nonalcoholic Beverages › Section 34.02 — Licenses; Exceptions.

34.02 LICENSES; EXCEPTIONS.
No person may manufacture, mix, or compound any soft drinks or other nonalcoholic beverage, to be sold in bottles, barrels, kegs, jars, coolers, cans, glasses or tumblers, or other containers, without first having obtained a license from the commissioner. License fees shall be established in accordance with section 28A.05, paragraph (c). Sections 34.02 to 34.11 do not apply to beverages manufactured, mixed, or compounded in quantities of one quart or less at one time.
History:
(3965-1) 1927 c 42 s 1; 1947 c 447 s 2; 1953 c 586 s 2; 1983 c 293 s 57; 2020 c 83 art 1 s 5
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34 — Nonalcoholic Beverages › Section 34.03 — Soft Drinks Inspected; Registration.

34.03 SOFT DRINKS INSPECTED; REGISTRATION.
Soft drinks or other nonalcoholic beverages, that are mixed, compounded, or sold for home consumption are subject to rules established under section 34.09.
History:
(3965-2) 1927 c 42 s 2; 1957 c 106 s 1; 1986 c 375 s 3
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34 — Nonalcoholic Beverages › Section 34.07 — Beverage Inspection Account; Appropriation.

34.07 BEVERAGE INSPECTION ACCOUNT; APPROPRIATION.
A beverage inspection account is created in the agricultural fund. All fees and fines collected under this chapter shall be credited to the beverage inspection account. Money in the account is appropriated to the commissioner for inspection and supervision under this chapter.
History:
(3965-7) 1927 c 42 s 7; 1986 c 444; 1Sp2001 c 2 s 66
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34 — Nonalcoholic Beverages › Section 34.09 — Sanitation; Rules.

34.09 SANITATION; RULES.
The commissioner shall promulgate rules covering those persons licensed under section 28A.04, who manufacture, sell, or dispense soft drinks and other nonalcoholic beverages establishing minimum sanitary requirements which are reasonably necessary to protect the public health and interest. The rules must include, but are not limited to, sanitary practices involving beverage manufacturing plants, beverage dispensing equipment, and the use of sterile containers in packaging beverages for home consumption. Rules must be adopted in accordance with chapter 14.
History:
(3965-10) 1927 c 42 s 10; 1967 c 92 s 2; 1985 c 248 s 70; 1986 c 375 s 4
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34 — Nonalcoholic Beverages › Section 34.11 — Restrictions On Use Of Trade Names.

34.11 RESTRICTIONS ON USE OF TRADE NAMES.
No person shall label or represent soft drinks or nonalcoholic beverages by using any trademark, trade name or proprietary name other than one owned by the person, unless the soft drink or beverage is marketed or sold under franchise, license, permit or contract with the owner or holder of the trademark, trade name or proprietary name.
History:
(3965-12) 1927 c 42 s 12; 1947 c 447 s 4; 1969 c 411 s 1; 1986 c 444
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34 — Nonalcoholic Beverages › Section 34.112 — Enforcement.

34.112 ENFORCEMENT.
The commissioner, and the commissioner's inspectors, assistants, and employees, shall enforce the provisions of sections 34.02 to 34.11.
History:
(3965-1, 3965-13) 1927 c 42 s 1,13; 1961 c 144 art 2 s 25; 1986 c 444
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34A — Food Law; Inspection And Enforcement › Section 34A.012 — Exclusions.

34A.012 EXCLUSIONS.
The following items are not perishable food, readily perishable food, or frozen food:
(1) packaged pickles;
(2) jellies, jams, and condiments in sealed containers;
(3) bakery products such as bread, rolls, buns, donuts, fruit-filled pies, and pastries;
(4) dehydrated packaged food;
(5) dry or packaged food with a water activity that precludes development of microorganisms; and
(6) food in unopened hermetically sealed containers that is commercially processed to achieve and maintain commercial sterility under conditions of nonrefrigerated storage and distribution.
History:
2012 c 244 art 2 s 24
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34A — Food Law; Inspection And Enforcement › Section 34A.04 — Enforcement.

34A.04 ENFORCEMENT.
Subdivision 1.
Enforcement required.
(a) The commissioner shall enforce this chapter and chapters 28, 28A, 29, 30, 31, 31A, 32D, and 34. To carry out the enforcement duties under these chapters, the commissioner may, upon presenting appropriate credentials, during regular working hours and at other reasonable times, inspect premises subject to the commissioner's enforcement and licensing authority; require information from persons with information relevant to an inspection; and inspect and copy relevant papers and records, including business records.
(b) The commissioner may administer oaths, take and cause to be taken depositions of witnesses, and issue subpoenas, and may petition the district court in the county in which the premises is located to compel compliance with subpoenas or to permit an inspection.
(c) Violations of chapters 28, 28A, 29, 30, 31, 31A, 32D, and 34, or rules adopted under chapters 28, 28A, 29, 30, 31, 31A, 32D, and 34, are a violation of this chapter.
(d) Upon the request of the commissioner, county attorneys, sheriffs, and other officers having authority in the enforcement of the general criminal laws shall take action to the extent of their authority necessary or proper for the enforcement of this chapter or standards, stipulations, and agreements of the commissioner.
Subd. 2.
Commissioner's discretion.
If minor violations of this chapter occur or the commissioner believes the public interest will be best served by a suitable notice of warning in writing, this chapter does not require the commissioner to take any additional action.
Subd. 3.
Civil actions.
Civil judicial enforcement actions may be brought by the attorney general in the name of the state on behalf of the commissioner. A county attorney may bring a civil judicial enforcement action upon the request of the commissioner and agreement by the attorney general.
Subd. 4.
Injunction.
The commissioner may apply to a court with jurisdiction for a temporary or permanent injunction to prevent, restrain, or enjoin violations of provisions of this chapter.
Subd. 5.
Criminal actions.
Each county attorney or city attorney to whom the commissioner reports any violation of this chapter shall consider instituting appropriate proceedings in the proper courts and prosecuting them in the manner required by law. If the county or city attorney refuses to prosecute, the attorney general, on request of the commissioner, may prosecute.
History:
2012 c 244 art 2 s 27; 2023 c 43 art 2 s 121
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34A — Food Law; Inspection And Enforcement › Section 34A.05 — False Statement Or Record.

34A.05 FALSE STATEMENT OR RECORD.
A person must not knowingly make or offer a false statement, record, or other information as part of:
(1) an application for registration, listing, license, certification, or permit subject to this chapter;
(2) records or reports required subject to this chapter; or
(3) an investigation of a violation of this chapter.
History:
2012 c 244 art 2 s 28
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34A — Food Law; Inspection And Enforcement › Section 34A.06 — Administrative Actions.

34A.06 ADMINISTRATIVE ACTIONS.
Subdivision 1.
Administrative enforcement.
(a) The commissioner may enforce this chapter by written warning, administrative meeting, cease and desist, forced sale, detention, embargo, condemnation, citation, corrective action order, seizure, agreement, withdrawal from distribution, or administrative penalty if the commissioner determines that the remedy is in the public interest.
(b) For facilities required to submit a plan review under rules of the commissioner of agriculture, the commissioner may withdraw by written order the approval of a facility or equipment if:
(1) hazards to human life exist; or
(2) there is satisfactory evidence that the person to whom the approval was issued has used fraudulent or deceptive practices to evade or attempt to evade provisions of this chapter.
(c) Any action under this subdivision may be appealed pursuant to section 34A.08.
Subd. 2.
License revocation, suspension, and refusal.
(a) The commissioner may revoke, suspend, limit, modify, or refuse to grant or renew a registration, listing, permit, license, or certification if a person violates or has violated this chapter within the last three years.
(b) The commissioner may revoke, suspend, limit, modify, or refuse to grant or renew a registration, listing, permit, license, or certification to a person from another state if that person has had a registration, permit, license, or certification denied, revoked, or suspended by another state for an offense reasonably related to the requirements, qualifications, or duties of a registration, permit, license, or certification issued under this chapter.
(c) The commissioner may revoke, suspend, limit, modify, or refuse to grant or renew a registration, listing, permit, license, or certification to a person after receiving satisfactory evidence that the registrant, permittee, licensee, or certificate holder has used fraudulent and deceptive practices in the evasion or attempted evasion of this chapter.
(d) A registration, listing, permit, license, or certification may not be revoked or suspended until the registrant, permittee, licensee, or certificate holder has been given opportunity for a hearing by the commissioner. After receiving notice of revocation or suspension, a registrant, permittee, licensee, or certificate holder has ten days to request a hearing, or another time period mutually agreed to by both parties. If no request is made within ten days or other agreed-upon time, the registration, listing, permit, license, or certification is revoked or suspended. In the case of a refusal to grant a registration, listing, permit, license, or certification, the registrant, permittee, licensee, or certificate holder has ten days from notice of refusal to request a hearing. Upon receiving a request for hearing, the department shall proceed pursuant to section 34A.08, subdivision 2.
History:
2012 c 244 art 2 s 29
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34A — Food Law; Inspection And Enforcement › Section 34A.07 — Administrative Penalties.

34A.07 ADMINISTRATIVE PENALTIES.
Subdivision 1.
Assessment.
(a) In determining the amount of the administrative penalty, the commissioner shall consider the economic gain received by the person allowing or committing the violation, the gravity of the violation in terms of actual or potential damage to human or animal health and the environment, the willfulness of the violation, number of violations, history of past violations, and other factors justice may require, if the additional factors are specifically identified in the inspection report. For a violation after an initial violation, the commissioner shall also consider the similarity of the most recent previous violation and the violation to be penalized, the time elapsed since the last violation, the number of previous violations, and the response of the person to the most recent previous violation identified.
(b) The commissioner may issue an administrative citation assessing an administrative penalty of up to $1,500 for each violation of this chapter. Each day a violation continues is a separate violation. The citation must describe the nature of the violation, the statute or rule alleged to have been violated, 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 20 days, or another time period mutually agreed to by the commissioner and the person subject to the citation, if the person wishes to appeal the citation, and that if the person fails to appeal the citation, the citation is the final order and not subject to further review.
(c) An administrative penalty may be assessed if the person subject to a written order does not comply with the order in the time provided in the order.
Subd. 2.
Collection of penalty.
(a) If a person subject to an administrative penalty fails to pay the penalty, which must be part of a final citation by the commissioner, by 30 days after the final order is issued, the commissioner may commence a civil action for double the assessed penalty plus attorney fees and costs.
(b) An administrative penalty may be recovered in a civil action in the name of the state brought in the district court of the county where the violation is alleged to have occurred or the district court where the commissioner has an office.
History:
2012 c 244 art 2 s 30
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34A — Food Law; Inspection And Enforcement › Section 34A.08 — Appeal Of Administrative Action Or Penalty.

34A.08 APPEAL OF ADMINISTRATIVE ACTION OR PENALTY.
Subdivision 1.
Notice of appeal.
(a) After service of a citation under section 34A.07 or order under section 34A.06, subdivision 1, a person has 20 days from receipt of the citation or order, or another time period mutually agreed to by the commissioner and the person subject to the citation or order, to notify the commissioner in writing that the person intends to contest the citation or order through a hearing. The hearing request must specifically identify the order or citation being contested and state the grounds for contesting it.
(b) If the person fails to notify the commissioner that the person intends to contest the citation or order, the citation or order is final and not subject to further judicial or administrative review.
Subd. 2.
Administrative review.
If a person notifies the commissioner that the person intends to contest a citation or order issued under this chapter, the Office of Administrative Hearings shall conduct a hearing in accordance with the applicable provisions of chapter 14 for hearings in contested cases.
History:
2012 c 244 art 2 s 31
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34A — Food Law; Inspection And Enforcement › Section 34A.09 — Civil Penalties.

34A.09 CIVIL PENALTIES.
Subdivision 1.
General penalty.
A person who violates this chapter or an order, standard, stipulation, agreement, citation, or schedule of compliance of the commissioner, or impedes, hinders, or otherwise prevents or attempts to prevent performance of a duty by the commissioner in connection with this chapter is subject to a civil penalty of up to $7,500 per day of violation as determined by the court.
Subd. 2.
Actions to compel performance.
In an action to compel performance of an order of the commissioner to enforce this chapter, the court must require a defendant adjudged responsible to perform the acts within the person's power that are reasonably necessary to accomplish the purposes of the order.
Subd. 3.
Recovery of penalties by civil action.
The civil penalties and payments provided for in this section may be recovered by a civil action brought by the county attorney or the attorney general in the name of the state.
History:
2012 c 244 art 2 s 32
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 34A — Food Law; Inspection And Enforcement › Section 34A.10 — Criminal Penalties.

34A.10 CRIMINAL PENALTIES.
Subdivision 1.
General violation.
Except as provided in subdivisions 2 and 3, a person is guilty of a misdemeanor if the person violates this chapter or an order, standard, citation, stipulation, agreement, or schedule of compliance of the commissioner, or impedes, hinders, or otherwise prevents, or attempts to prevent the commissioner or a duly authorized agent in performance of a duty in connection with this chapter. Unless otherwise specified in this chapter, each separate violation is a separate offense, except that in the case of a violation through continuing failure or neglect to obey this chapter, each day the failure or neglect continues is a separate offense.
Subd. 2.
Violation endangering humans or animals.
A person is guilty of a gross misdemeanor if the person violates this chapter or an order, standard, stipulation, agreement, or schedule of compliance of the commissioner and the violation endangers humans or animals.
Subd. 3.
Violation with knowledge.
A person is guilty of a gross misdemeanor if the person knowingly violates this chapter or an order, standard, stipulation, agreement, or schedule of compliance of the commissioner.
History:
2012 c 244 art 2 s 33
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 35 — Animal Health › Section 35.01 — Definitions.

35.01 DEFINITIONS.
Subdivision 1.
Scope.
Unless the language or context clearly indicates that a different meaning is intended, the words defined in this section as used in this chapter have the meanings given them.
Subd. 2.
Board; state board.
"Board" or "state board" means the Board of Animal Health.
Subd. 3.
MS 1978 [Repealed, 1980 c 467 s 44]
Subd. 3.
Livestock, domestic animals.
"Livestock" and "domestic animals" include poultry.
Subd. 4.
MS 1978 [Repealed, 1980 c 467 s 44]
Subd. 4.
MS 1994 [Repealed, 1996 c 310 s 1; 1997 c 7 art 1 s 171]
Subd. 5.
[Repealed, 1980 c 467 s 44]
Subd. 6.
[Repealed, 1980 c 467 s 44]
Subd. 7.
[Repealed, 1980 c 467 s 44]
Subd. 8.
[Renumbered subd 3]
History:
(5395, 5433) RL s 2155; 1913 c 160 s 1; 1923 c 112 s 2; 1953 c 98 s 1; 1957 c 113 s 1; 1980 c 467 s 1,2; 1985 c 265 art 1 s 1; 1997 c 7 art 1 s 15
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 35 — Animal Health › Section 35.02 — Board Of Animal Health.

35.02 BOARD OF ANIMAL HEALTH.
Subdivision 1.
Members; officers.
The board has seven members appointed by the governor with the advice and consent of the senate, three of whom are producers of livestock in the state; one of whom is a member of a federally recognized Tribe located in Minnesota who is experienced in animal husbandry; and three of whom are practicing veterinarians licensed in Minnesota, one of whom specializes in companion animals. To the extent practicable, the governor's appointments must achieve gender and geographic balance among the board membership. The commissioners of agriculture, natural resources, and health, the dean of the College of Veterinary Medicine, and the director of the Veterinary Diagnostic Laboratory of the University of Minnesota may serve as consultants to the board without vote. Appointments to fill unexpired terms must be made from the classes to which the retiring members belong. The board shall elect a president and a vice-president from among its members and a veterinarian licensed in Minnesota who is not a member to be its executive director for a term of one year and until a successor qualifies. The board shall set the duties of the director.
Subd. 2.
Terms; compensation; removal; vacancies.
The membership terms, compensation, removal of members, and filling of vacancies on the board are governed by section 15.0575.
History:
(53-43, 5395) RL s 2155; 1913 c 160 s 1; 1925 c 426 art 16 s 1; 1951 c 713 s 5; 1959 c 23 s 1; 1976 c 134 s 13; 1980 c 467 s 3; 1985 c 265 art 1 s 1; 1999 c 231 s 69; 1Sp2005 c 1 art 1 s 62; 2007 c 19 s 1; 2021 c 28 s 12; 2023 c 43 art 2 s 122
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 35 — Animal Health › Section 35.03 — Powers, Duties, And Reports.

35.03 POWERS, DUTIES, AND REPORTS.
The board shall protect the health of Minnesota domestic animals and carry out the provisions of this chapter. The board shall make rules necessary to protect the health of domestic animals. The board shall meet at least quarterly. Officers must be elected each April. On or before November 1 of each year the board shall publish an annual report. The University of Minnesota Veterinary Diagnostic Laboratory is the official laboratory for the board. At least quarterly, the director of the Veterinary Diagnostic Laboratory must report on the laboratory's activities.
History:
(5396) RL s 2156; 1955 c 847 s 3; 1980 c 467 s 4; 1985 c 100 s 1; 1985 c 265 art 1 s 1; art 12 s 1; 1Sp2005 c 1 art 1 s 63
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 35 — Animal Health › Section 35.05 — Authority Of State Board.

35.05 AUTHORITY OF STATE BOARD.
(a) The state board may quarantine or kill any domestic animal infected with, or which has been exposed to, a contagious or infectious dangerous disease if it is necessary to protect the health of the domestic animals of the state.
(b) The board may regulate or prohibit the arrival in and departure from the state of infected or exposed animals and, in case of violation of any rule or prohibition, may detain any animal at its owner's expense. The board may regulate or prohibit the importation of domestic animals which, in its opinion, may injure the health of Minnesota livestock.
(c) When the governor declares an emergency under section 35.0661, the board, through its executive director, may assume control of such resources within the University of Minnesota's Veterinary Diagnostic Laboratory as necessary to effectively address the disease outbreak. The director of the laboratory and other laboratory personnel must cooperate fully in performing necessary functions related to the outbreak or threatened outbreak.
(d) The board may test or require tests of any bovine or cervidae in the state when the board deems it necessary to achieve or maintain bovine tuberculosis accredited free state or zone status under the regulations and laws administered by the United States Department of Agriculture.
(e) Notwithstanding section 3.3005, subdivision 2, the board may apply for, receive, and disburse federal money made available to the state for animal disease response. All federal money received by the board for this purpose must be deposited in the state treasury and is appropriated to the board for the purposes for which it was received. By January 15 each year, the board must report to the senate Committee on Finance, the house of representatives Committee on Ways and Means, and the legislative committees with jurisdiction over the board's operating budget regarding the amount of federal money received and spent in the previous fiscal year under this paragraph and the board's use of these funds.
History:
(5398) RL s 2158; 1980 c 467 s 5; 1985 c 100 s 2; 1985 c 265 art 1 s 1; 1999 c 231 s 71; 1Sp2005 c 1 art 1 s 64; 2006 c 282 art 9 s 5; 2022 c 95 art 2 s 16; 2023 c 43 art 2 s 123
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 35 — Animal Health › Section 35.051 — Ephedrine And Pseudoephedrine Products.

35.051 EPHEDRINE AND PSEUDOEPHEDRINE PRODUCTS.
Subdivision 1.
Prescription required.
Drugs and products for any species of animal that contain ephedrine or pseudoephedrine require a written prescription from a veterinarian to be sold or distributed for lay use.
Subd. 2.
Sale and purchase restrictions.
A drug or product for any species of animal containing ephedrine or pseudoephedrine may only be dispensed, sold, or distributed by a veterinarian or a veterinary assistant under the supervision or direction of a veterinarian. A person who is not a veterinarian may not purchase a drug or product for animal consumption containing ephedrine or pseudoephedrine without a prescription.
History:
2005 c 136 art 7 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 35 — Animal Health › Section 35.06 — Reporting Disease; Compelling Testimony.

35.06 REPORTING DISEASE; COMPELLING TESTIMONY.
A person who knows or reasonably suspects that a contagious or infectious disease exists in a domestic animal shall immediately notify the board. The board, or any member or authorized agent of the board, may examine under oath all persons believed to have knowledge of the existence or threat of disease among domestic animals and, for this purpose, may take depositions and compel witnesses to attend and testify.
History:
(5399) RL s 2159; 1980 c 467 s 6; 1985 c 265 art 1 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 35 — Animal Health › Section 35.063 — Quarantine Maintained.

35.063 QUARANTINE MAINTAINED.
The board may establish and maintain, at the owner's expense, a quarantine of domestic animals imported into the state when, in its judgment, a quarantine is necessary to protect the health of Minnesota domestic animals. The quarantine must specify its terms, conditions, scope, and application.
History:
(5460-17) 1933 c 33 s 1; 1980 c 467 s 7; 1985 c 265 art 1 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 35 — Animal Health › Section 35.065 — May Not Break Quarantine.

35.065 MAY NOT BREAK QUARANTINE.
It is unlawful for the owner or the person having the custody or control of domestic animals subject to a quarantine to remove any of them from their first location within the state after the interstate shipment or transportation is completed until they are released by authority of the board.
History:
(5460-18) 1933 c 33 s 2; 1980 c 467 s 8; 1985 c 265 art 1 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 35 — Animal Health › Section 35.0662 — Temporary Emergency Restrictions Hearing.

35.0662 TEMPORARY EMERGENCY RESTRICTIONS HEARING.
Subdivision 1.
Grounds.
If the board determines that a person is not reasonably likely to abide by the disease control measures established by the board, the board may request a court hearing to determine if the emergency temporary restrictions should continue. The court shall schedule the hearing as expeditiously as possible. When the board requests a court hearing under this section, restrictions under section 35.0661, subdivision 3, continue to apply to the person until the court has held the temporary emergency restrictions hearing and issues an order.
Subd. 2.
Time of notice.
If the board requests a court hearing pursuant to this section, notice of the hearing must be served upon the person or persons to be restricted at least 24 hours before the hearing.
Subd. 3.
Contents of notice.
The notice must contain the following information:
(1) the time, date, and place of the hearing;
(2) the grounds and underlying facts upon which continued restrictions are sought;
(3) the person's right to appear by electronic means at the hearing and the right to have a representative appear in person at the hearing;
(4) the person's right to present and cross-examine witnesses; and
(5) the person's right to counsel, including the right, if the person is indigent, to representation by counsel designated by the court or county of venue.
Subd. 4.
Order for continued temporary restrictions.
The court may order the continued restriction on the movement of the person if it finds, by a preponderance of the evidence, that travel outside of the quarantine zone by the person would pose an imminent threat of transporting a dangerous, infectious, or communicable disease outside of the boundaries of the quarantine zone. If the person agrees to sign and comply with the acknowledgment form referred to in section 35.0661, subdivision 3, the temporary restrictions must not continue longer than 30 days. If the person refuses to sign and comply with the acknowledgment form, the temporary restrictions may continue for a longer time specified by the court. Refusal by the person to sign and comply with the acknowledgment form constitutes a knowing violation of section 35.0661 and subjects the person to the penalties specified in section 35.96.
History:
2001 c 192 s 2
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 35 — Animal Health › Section 35.085 — Indemnity For Destroyed Cattle.

35.085 INDEMNITY FOR DESTROYED CATTLE.
(a) The board may pay indemnity to cattle owners who choose to euthanize cattle that test suspect for bovine tuberculosis, if funds are available from appropriations for the purpose and if the United States Department of Agriculture refuses to pay indemnity for the animal. The board shall pay fair market value less salvage value as appraised by a disinterested appraiser appointed by the board. The board's decision as to the amount of indemnity is final. If the owner refuses the board's offer, the owner need not dispose of the animal unless and until it later shows positive to any official test for bovine tuberculosis.
(b) The board is a buyer in the ordinary course of business under chapter 336A when making indemnity payments under this section.
History:
2007 c 45 art 1 s 44
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 35 — Animal Health › Section 35.13 — Entry To Premises Forbidden.

35.13 ENTRY TO PREMISES FORBIDDEN.
During the prevalence among domestic animals of any of the diseases referred to in this chapter, any owner or keeper of these animals may post upon the premises a notice forbidding all persons to enter any building or enclosure in which animals are kept. No person may then enter, except a member or agent of the board.
History:
(5406) RL s 2164; 1980 c 467 s 14; 1985 c 265 art 1 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 35 — Animal Health › Section 35.15 — Transportation Of Livestock; Compliance With Rules.

35.15 TRANSPORTATION OF LIVESTOCK; COMPLIANCE WITH RULES.
Subdivision 1.
Importation of animals and poultry.
Animals or poultry may not be brought into the state for work, feeding, breeding, dairy purposes, or sale except in compliance with the rules of the board.
Subd. 2.
[Repealed, 1988 c 485 s 15]
History:
(5409) 1907 c 355 s 1; 1935 c 31 s 1; 1965 c 40 s 1; 1965 c 91 s 1; 1980 c 467 s 15; 1981 c 37 s 2; 1985 c 265 art 1 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 35 — Animal Health › Section 35.153 — Definitions.

35.153 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to section 17.452, this section, and section 35.155.
Subd. 2.
Cervidae.
"Cervidae" means animals that are members of the family Cervidae and includes, but is not limited to, white-tailed deer, mule deer, red deer, elk, moose, caribou, reindeer, and muntjac.
Subd. 3.
Farmed Cervidae.
"Farmed Cervidae" means Cervidae that are:
(1) raised for any purpose; and
(2) registered in a manner approved by the Board of Animal Health.
Subd. 4.
Owner.
"Owner" means a person who owns or is responsible for the raising of farmed Cervidae.
Subd. 5.
Herd.
"Herd" means all Cervidae:
(1) maintained on common ground for any purpose; or
(2) under common ownership or supervision, geographically separated, but that have an interchange or movement of animals without regard to whether the animals are infected with or exposed to diseases.
History:
1Sp2005 c 1 art 1 s 65
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 35 — Animal Health › Section 35.16 — Transportation Companies To Hold Livestock And Poultry.

35.16 TRANSPORTATION COMPANIES TO HOLD LIVESTOCK AND POULTRY.
If rules of the board have not been complied with, transportation companies shall notify the board and shall hold the animals or poultry at the first station within Minnesota where there are suitable facilities for holding animals or poultry for inspection by the board. The inspection must be at the owner's expense.
History:
(5410) 1907 c 355 s 2; 1935 c 31 s 2; 1980 c 467 s 16; 1985 c 265 art 1 s 1
2023 Minnesota Statutes › Chapters 17 - 43 — Agriculture › Chapter 35 — Animal Health › Section 35.165 — Liability For Illegally Transporting Livestock.

35.165 LIABILITY FOR ILLEGALLY TRANSPORTING LIVESTOCK.
A transportation company or corporation or its agent, the owner or driver of a vehicle for hire or a private vehicle used to haul livestock, or a person violating section 35.15 or 35.16 is liable in a civil action to a person injured for the full amount of damages that may result from a violation of section 35.15 or 35.16. Action may be brought in a county where the livestock is sold, offered for sale, delivered to a purchaser, or detained in transit.
History:
1988 c 485 s 1