Agriculture policy provisions modified.

A bill for an act

relating to agriculture; modifying agriculture policy provisions; amending

Minnesota Statutes 2024, sections 17.4986, subdivisions 2, 3; 17.4987; 17.4992,

subdivision 2; 17.81, by adding a subdivision; 18.77, subdivision 12, by adding

subdivisions; 18.771; 18.79, subdivision 2; 18.81, subdivision 3; 18.82; 18.83,

subdivision 3; 18.86; 18.91, subdivision 2; 18C.005, subdivisions 6, 6a, 25, 33,

by adding a subdivision; Minnesota Statutes 2025 Supplement, section 18.79,

subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 18C;

repealing Minnesota Statutes 2024, sections 18.77, subdivision 14; 28A.075.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 17.4986, subdivision 2, is amended to read:

Subd. 2.

Licensed facilities.

(a) The commissioner shall issue transportation permits to

import:

(1) indigenous and naturalized species except trout, salmon, catfish, or species on the

VHS-susceptible-species list and sperm from any source to a standard facility;

(2) trout, salmon, catfish, or species on the VHS-susceptible-species list from a

nonemergency enzootic disease area to a containment facility if the fish are certified within

the previous year to be free of certifiable diseases, except that eggs
deleted text begin
with enteric redmouth,

whirling disease, or furunculosis
deleted text end
new text begin
from sources that test positive for
Yersinia ruckeri
,

Myxobolus cerebralis
,
Tetracapsuloides bryosalmonae
,
Aeromonas salmonicida
, epizootic

epitheliotropic disease virus, or viral hemorrhagic septicemia
new text end
may be imported following

treatment approved by the commissioner, and fish
deleted text begin
with bacterial kidney disease or viral

hemorrhagic septicemia
deleted text end
new text begin
or eggs from sources that test positive for
Renibacterium

salmoninarum
new text end
may be imported into areas where the
deleted text begin
disease
deleted text end
new text begin
pathogen
new text end
has been identified

as being present; and

(3) trout, salmon, catfish, or species on the VHS-susceptible-species list from a facility

in a nonemergency enzootic disease area with a disease-free history of three years or more

to a standard facility, except that eggs
deleted text begin
with enteric redmouth, whirling disease, or furunculosis
deleted text end
new text begin

from sources that test positive for
Yersinia ruckeri
,
Myxobolus cerebralis
,
Tetracapsuloides

bryosalmonae
,
Aeromonas salmonicida
, epizootic epitheliotropic disease virus, or viral

hemorrhagic septicemia
new text end
may be imported following treatment approved by the commissioner,

and fish
deleted text begin
with bacterial kidney disease or viral hemorrhagic septicemia
deleted text end
new text begin
or eggs from sources

that test positive for
Renibacterium salmoninarum
new text end
may be imported into areas where the
deleted text begin

disease
deleted text end
new text begin
pathogen
new text end
has been identified as being present.

(b) If a source facility in a nonemergency enzootic disease area cannot demonstrate a

history free from disease, aquatic life may only be imported into a quarantine facility.

Sec. 2.

Minnesota Statutes 2024, section 17.4986, subdivision 3, is amended to read:

Subd. 3.

Emergency enzootic disease area.

new text begin
(a)
new text end
Except as
new text begin
provided under paragraph

(b) and as
new text end
otherwise provided
deleted text begin
and except that eggs with enteric redmouth, whirling disease,

or furunculosis may be imported following treatment approved by the commissioner, and

fish with bacterial kidney disease may be imported into areas where the disease has been

previously introduced
deleted text end
, fish may be imported from emergency enzootic disease areas only

as fertilized eggs under the following conditions:

(1) to be imported into a standard facility, fertilized eggs must have a disease-free history

for at least five years;

(2) to be imported into a containment facility, fertilized eggs must have a disease-free

history for at least three years; or

(3) to be imported into a quarantine facility, fertilized eggs may have a disease-free

history of less than three years.

new text begin

(b) Eggs from sources that test positive for
Yersinia ruckeri
,
Myxobolus cerebralis
,

Tetracapsuloides bryosalmonae
,
Aeromonas salmonicida
, epizootic epitheliotropic disease

virus, or viral hemorrhagic septicemia may be imported following treatment approved by

the commissioner. Fish or eggs from sources that test positive for
Renibacterium

salmoninarum
may be imported into areas where the pathogen has been identified as being

present.

new text end

Sec. 3.

Minnesota Statutes 2024, section 17.4987, is amended to read:

17.4987 STOCKING PRIVATE AQUATIC LIFE.

(a) A person may not release private aquatic life into public waters that are not licensed

as part of an aquatic farm without first obtaining a transportation permit from the

commissioner. The commissioner may:

(1) deny issuance of a permit if releasing the private aquatic life is not consistent with

the management plan for the public waters; and

(2) approve the import, transport, and stocking of fish
deleted text begin
with bacterial kidney disease or

viral hemorrhagic septicemia
deleted text end
new text begin
or eggs from sources that test positive for
Renibacterium

salmoninarum
new text end
into areas or waters where
deleted text begin
either disease
deleted text end
new text begin
the pathogen
new text end
has been identified

as being present.

(b) The commissioner shall make management plans available to the public.

(c) If a permit is denied, the commissioner must provide reasons for the denial in writing.

Sec. 4.

Minnesota Statutes 2024, section 17.4992, subdivision 2, is amended to read:

Subd. 2.

Restriction on the sale of fish.

(a) Except as provided in paragraph (b), species

on the VHS-susceptible-species list must be free of viral hemorrhagic septicemia and species

of the family salmonidae or ictaluridae, except bullheads, must be free of certifiable diseases

if sold for stocking or transfer to another aquatic farm.

(b) The following exceptions apply to paragraph (a):

(1) eggs
deleted text begin
with enteric redmouth, whirling disease, or furunculosis
deleted text end
new text begin
from sources that test

positive for
Yersinia ruckeri
,
Myxobolus cerebralis
,
Tetracapsuloides bryosalmonae
,

Aeromonas salmonicida
, epizootic epitheliotropic disease virus, or viral hemorrhagic

septicemia
new text end
may be transferred between licensed facilities
deleted text begin
or stocked
deleted text end
following treatment

approved by the commissioner;

(2) fish
deleted text begin
with bacterial kidney disease or viral hemorrhagic septicemia
deleted text end
new text begin
or eggs from

sources that test positive for
Renibacterium salmoninarum
new text end
may be transferred between

licensed facilities or stocked in areas where the
deleted text begin
disease
deleted text end
new text begin
pathogen
new text end
has been identified as

being present; and

(3) the commissioner may allow transfer between licensed facilities or stocking of fish
deleted text begin

with enteric redmouth or furunculosis
deleted text end
new text begin
from facilities that test positive for
Yersinia ruckeri

or
Aeromonas salmonicida
new text end
when the commissioner determines that doing so would pose

no threat to the state's aquatic resources.

Sec. 5.

Minnesota Statutes 2024, section 17.81, is amended by adding a subdivision to

read:

new text begin

Subd. 4a.

new text end

new text begin

Agrivoltaic system.

new text end

new text begin

"Agrivoltaic system" means the simultaneous integration

of farming, as defined in section 41C.02, subdivision 10, and solar energy generation on

the same land.

new text end

Sec. 6.

Minnesota Statutes 2024, section 18.77, is amended by adding a subdivision to

read:

new text begin

Subd. 3b.

new text end

new text begin

Cultivated variety or cultivar.

new text end

new text begin

"Cultivated variety" or "cultivar" means a

named plant variety that is clonally propagated to maintain genetic uniformity.

new text end

Sec. 7.

Minnesota Statutes 2024, section 18.77, is amended by adding a subdivision to

read:

new text begin

Subd. 11a.

new text end

new text begin

Plant variety.

new text end

new text begin

"Plant variety" means a more precisely defined group of plants,

selected from within a species, with a common set of characteristics.

new text end

Sec. 8.

Minnesota Statutes 2024, section 18.77, is amended by adding a subdivision to

read:

new text begin

Subd. 11b.

new text end

new text begin

Propagate.

new text end

new text begin

"Propagate" means to cause or continue to increase by sexual or

asexual reproduction. Propagate includes but is not limited to germination by seed;

regeneration of vegetative parts such as roots, stems, or leaves; and the removal of plants

from one location and replanting at another location.

new text end

Sec. 9.

Minnesota Statutes 2024, section 18.77, subdivision 12, is amended to read:

Subd. 12.

Propagating parts.

"Propagating parts" means all plant parts
deleted text begin
, including seeds,
deleted text end

that are capable of producing new plants.

Sec. 10.

Minnesota Statutes 2024, section 18.77, is amended by adding a subdivision to

read:

new text begin

Subd. 18.

new text end

new text begin

Reasonable grounds.

new text end

new text begin

"Reasonable grounds" means a report, a complaint,

direct observation, or circumstantial evidence, such as the nearby presence of noxious weeds,

a history of noxious weed infestation, or other evidence from which a reasonable person

acting in good faith might infer the presence of noxious weeds.

new text end

Sec. 11.

Minnesota Statutes 2024, section 18.771, is amended to read:

18.771 NOXIOUS WEED CATEGORIES.

new text begin

Subdivision 1.

new text end

new text begin

Noxious weed categories.

new text end

(a) For purposes of designation under section

18.79, subdivision 13
, noxious weed category means each of the following categories:

(1) the prohibited-eradicate noxious weeds category;

(2) the prohibited-control noxious weeds category;

(3) the restricted noxious weeds category;

(4) the specially regulated plants category; and

(5) the county noxious weeds category.

(b) The "prohibited-eradicate noxious weeds" category includes noxious weeds that

must be eradicated on all lands within the state.
deleted text begin
Transportation of the propagating parts of

prohibited-eradicate noxious weeds is prohibited except as allowed under section
18.82
.
deleted text end

Prohibited-eradicate noxious weeds
deleted text begin
may
deleted text end

new text begin
and their propagating parts must
new text end
not be
new text begin
imported

into Minnesota,
new text end
sold
deleted text begin
or
deleted text end
new text begin
,
new text end
propagated
new text begin
, or transported
new text end
in Minnesota
new text begin
, except as allowed under

section 18.82
new text end
. Noxious weeds that are designated as prohibited-eradicate noxious weeds

and placed on the prohibited-eradicate noxious weeds list are plants that are not currently

known to be present in Minnesota or are not widely established in the state. All

prohibited-eradicate noxious weeds must be eradicated.

(c) The "prohibited-control noxious weeds" category includes noxious weeds that must

be controlled on all lands within the state.
deleted text begin
Transportation of the propagating parts of

prohibited-control noxious weeds is prohibited
deleted text end
new text begin
Prohibited-control noxious weeds and their

propagating parts must not be imported into Minnesota or sold, propagated, or transported

in the state,
new text end
except as allowed under section
18.82
.
deleted text begin
Prohibited-control noxious weeds may

not be propagated or sold in Minnesota.
deleted text end
Noxious weeds that are designated as

prohibited-control noxious weeds and placed on the prohibited-control noxious weeds list

are plants that are already established throughout the state or regions of the state. At a

minimum, these species must be controlled in a way that prevents spread of these species

by seed or vegetative means.

(d) The "restricted noxious weeds" category includes noxious weeds and their propagating

parts that
deleted text begin
may
deleted text end
new text begin
must
new text end
not be
new text begin
propagated,
new text end
imported
new text begin
into Minnesota
new text end
, sold, or transported in the

state, except as allowed
deleted text begin
by permit
deleted text end
under section
18.82
. Noxious weeds that are designated

as restricted and placed on the restricted list may be plants that are widely distributed in

Minnesota and for which a requirement of eradication or control would not be feasible on

a statewide basis using existing practices.
new text begin
The commissioner may establish a nursery

production phase-out period for species that will be designated "restricted."
new text end

(e) The "specially regulated plants" category includes noxious weeds
deleted text begin
that may be native

species or nonnative species
deleted text end
that have
deleted text begin
demonstrated economic value
deleted text end
new text begin
clearly defined benefits
new text end
,

but also have the potential to cause harm in noncontrolled environments. Plants designated

as specially regulated have been determined to pose ecological, economical, or human or

animal health concerns. Species-specific management plans or rules that define the use and

management requirements for these plants must be developed by the commissioner of

agriculture for each plant designated as specially regulated. The commissioner must also

take measures to minimize the potential for harm caused by these plants.

(f) The "county noxious weeds" category includes noxious weeds that are designated

by individual county boards to be enforced as prohibited noxious weeds within the county's

jurisdiction and must be approved by the commissioner of agriculture, in consultation with

the Noxious Weed Advisory Committee. Each county board must submit newly proposed

county noxious weeds to the commissioner of agriculture for review. Approved county

noxious weeds
deleted text begin
shall
deleted text end
new text begin
must
new text end
also be posted with the county's general weed notice prior to May

15 each year. Counties are solely responsible for developing county noxious weed lists and

their enforcement.

new text begin

Subd. 2.

new text end

new text begin

Exemptions.

new text end

new text begin

The commissioner may designate a specific plant variety, including

a cultivated variety, as exempt from subdivision 1 if the commissioner finds that, based on

credible and sufficient documentation, the variety is bred for low seeding, the variety is

sterile, or, for reasons other than low seeding or sterility, the variety has low invasive

potential.

new text end

Sec. 12.

Minnesota Statutes 2024, section 18.79, subdivision 2, is amended to read:

Subd. 2.

Authorized agents.

deleted text begin

County agricultural inspectors may administer and enforce

sections
18.76
to
18.91
. A county-designated employee may enforce sections
18.78
,
18.82
,

18.83
,
18.84
,
18.86
, and
18.87
. A county must make the identity of a county-designated

employee described by this subdivision available to the public.

deleted text end

new text begin

County agricultural inspectors,

county-designated employees, local weed inspectors, and assistant weed inspectors serve

as authorized agents of the commissioner for their jurisdictions. A county agricultural

inspector or a county-designated employee must be responsible for the duties and enforcement

of sections 18.78, 18.81, 18.82, 18.83, 18.84, 18.86, and 18.87. A county must make the

identity of a county agricultural inspector or county-designated employee available to the

public. A local weed inspector or the inspector's assistant must be responsible for the duties

and enforcement of sections 18.78, subdivision 1; 18.81, subdivision 2; 18.82; 18.83; 18.84;

18.86; and 18.87 for a municipality.

new text end

Sec. 13.

Minnesota Statutes 2025 Supplement, section 18.79, subdivision 3, is amended

to read:

Subd. 3.

Entry upon land.

To administer and enforce sections
18.76
to
18.91
, an

inspector or county-designated employee
deleted text begin
shall
deleted text end
new text begin
must
new text end
contact a landowner through direct

communication prior to entering upon the land for a noxious weed inspection. If a landowner

cannot be contacted, an inspector or county-designated employee may enter upon land

without consent of the owner and without being subject to an action for trespass or any

damages. For the purposes of this subdivision, "direct communication" may include contact

with the landowner through an in-person visit, phone call, voice mail, text message, mail,

or email. A landowner
deleted text begin
cannot
deleted text end
new text begin
must not
new text end
refuse an inspector or county-designated employee
deleted text begin

having probable cause to conduct an inspection for noxious weeds
deleted text end
new text begin
who has reasonable

grounds as defined in section 18.77, subdivision 18, to believe that noxious weeds may be

present
new text end
on their lands. Within five business days of a completed inspection, the inspector

or county-designated employee
deleted text begin
shall
deleted text end
new text begin
must
new text end
provide the landowner with a copy of the

inspection report, including further actions if applicable.

Sec. 14.

Minnesota Statutes 2024, section 18.81, subdivision 3, is amended to read:

Subd. 3.

Nonperformance by inspectors; reimbursement for expenses.

If local weed

inspectors neglect or fail to do their duty as prescribed in this section, the county agricultural

inspector or county-designated employee
deleted text begin
, in consultation with the commissioner,
deleted text end
may issue

a notice to the inspector providing instructions on how and when to do their duty. If, after

the time allowed in the notice, the local weed inspector has not complied as directed, the

county agricultural inspector or county-designated employee may consult with the
deleted text begin

commissioner
deleted text end
new text begin
county attorney or county board
new text end
to perform the duty for the local weed

inspector. A claim for the expense of doing the local weed inspector's duty is a legal charge

against the municipality in which the inspector has jurisdiction. The county agricultural

inspector or county-designated employee overseeing the work may file an itemized statement

of costs with the clerk of the municipality in which the work was performed. The municipality
deleted text begin

shall
deleted text end
new text begin
must
new text end
immediately issue proper warrants to the county for the work performed. If the

municipality fails to issue the warrants, the county auditor may include the amount contained

in the itemized statement of costs as part of the next annual tax levy in the municipality and

withhold that amount from the municipality in making its next apportionment.

Sec. 15.

Minnesota Statutes 2024, section 18.82, is amended to read:

18.82 TRANSPORTATION
new text begin
OR POSSESSION
new text end
OF NOXIOUS WEED

PROPAGATING PARTS.

Subdivision 1.

Permits
new text begin
required
new text end
.

Transporting noxious weed propagating parts
new text begin
without

a permit on public roads in the state or possessing noxious weed propagating parts in the

state
new text end
without a permit is prohibited, except as provided in section
21.74
.

new text begin

Subd. 1a.

new text end

new text begin

Permits.

new text end

new text begin
(a)
new text end
If a person wants to transport noxious weed propagating parts
deleted text begin

along
deleted text end
new text begin
on
new text end
a public
deleted text begin
roadway
deleted text end
new text begin
road
new text end
, including materials or equipment containing the propagating

parts of noxious weeds, the person must secure a written permit for transportation from
new text begin
the

commissioner,
new text end
an inspector
new text begin
,
new text end
or
new text begin
a
new text end
county-designated employee. Inspectors or

county-designated employees may issue permits to persons residing or operating within

their jurisdiction. A permit is not required for the transport of noxious weeds for the purpose

of destroying propagating parts at an appropriate disposal site. Anyone transporting noxious

weed propagating parts for the purpose of disposal at an appropriate disposal site
deleted text begin
shall
deleted text end
new text begin
must
new text end

ensure that all materials are contained in a manner that prevents escape during transport

and complies with section
115A.931
.

new text begin

(b)
new text end
A person must obtain a permit
new text begin
from the commissioner
new text end
before possessing noxious

weeds with propagating parts for research, education and outreach, or other reasons approved

by the commissioner.

Subd. 2.

Conditions of permit issuance.

deleted text begin

The following conditions must be met before

a permit under subdivision 1 may be issued:

deleted text end

new text begin

Any person requesting a permit under

subdivision 1a must provide the following information in writing to the commissioner, an

inspector, or a county-designated employee for a specific jurisdiction before the

commissioner, inspector, or county-designated employee issues a permit under this section:

new text end

deleted text begin

(1) any material or equipment containing noxious weed propagating parts that is about

to be transported along a public roadway must be in a container that is sufficiently tight and

closed or otherwise covered to prevent the blowing or scattering of the material along the

highway or on other lands or water;

deleted text end

deleted text begin

(2) the destination for unloading and the use of the material or equipment containing

noxious weed propagating parts must be stated on the permit along with the method that

will be used to destroy the viability of the propagating parts and thereby prevent the material

being dumped or scattered upon land or water; and

deleted text end

deleted text begin

(3) the applicant for a permit for possession of noxious weed propagating parts must

agree to follow the guidelines listed on the permit by the inspector.

deleted text end

new text begin

(1) a description of the process that the person will use to ensure that the exterior of any

vehicle or equipment being used for transportation is free from noxious weed materials and

their propagating parts;

new text end

new text begin

(2) a description of the manner in which the person will securely contain noxious weed

materials and their propagating parts to prevent the escape of noxious weed materials and

their propagating parts during transport in compliance with section 115A.931;

new text end

new text begin

(3) a description of the specific locations where research will occur and a description of

how the location is designed to prevent the escape of noxious weed materials and their

propagating parts;

new text end

new text begin

(4) a description of the established processes that the person will use to monitor and

protect research locations from the escape of noxious weed materials and their propagating

parts during research and after the research is completed;

new text end

new text begin

(5) a description of the purpose of using noxious weed materials, such as a description

of how the noxious weed materials will be used for education and outreach, and how

containers holding the materials will be designed to prevent the escape of the noxious weed

materials and their propagating parts;

new text end

new text begin

(6) a description of the process for destroying noxious weed materials and their

propagating parts after the completion of use according to the permit;

new text end

new text begin

(7) a description of the location where noxious weed materials and their propagating

parts will be destroyed after the completion of use according to the permit; and

new text end

new text begin

(8) any specific information required by the commissioner.

new text end

Subd. 3.

Duration of permit;
new text begin
inspection;
new text end
revocation.

A permit under subdivision
deleted text begin
1
deleted text end
new text begin
1a
new text end

is valid for up to one year after the date it is issued unless otherwise specified by the
new text begin

commissioner,
new text end
inspector
new text begin
,
new text end
or county-designated employee issuing the permit.
new text begin
Any person

receiving a permit must allow inspection by the issuing authority to ensure that all permit

requirements are met.
new text end
The permit may be revoked if
deleted text begin
an
deleted text end
new text begin
the commissioner,
new text end
inspector
new text begin
,
new text end
or

county-designated employee determines that the applicant has not complied with this section.

new text begin

Subd. 4.

new text end

new text begin

Appeal of order revoking permit.

new text end

new text begin

(a) A person must notify the commissioner

in writing within 20 days of receiving the order revoking a permit that the person intends

to contest the order.

new text end

new text begin

(b) If a person fails to notify the commissioner within 20 days of receiving the order

revoking a permit that the person intends to contest the order, the order is final and not

subject to further judicial or administrative review.

new text end

new text begin

(c) If a person notifies the commissioner that the person intends to contest a revocation

order issued under subdivision 3, the Court of Administrative Hearings must conduct a

hearing in accordance with sections 14.50 to 14.62.

new text end

new text begin

(d) A person seeking to appeal a revocation order issued under subdivision 3 for a permit

issued by an inspector or a county-designated employee must file the appeal with the county

appeal committee and follow the process established in section 18.83, subdivision 3,

paragraph (a).

new text end

Sec. 16.

Minnesota Statutes 2024, section 18.83, subdivision 3, is amended to read:

Subd. 3.

Appeal of individual notice
new text begin
or permit revocation
new text end
; appeal committee.

deleted text begin
(1)
deleted text end
new text begin

(a)
new text end
A recipient of an individual notice may appeal, in writing, the order for control or

eradication of noxious weeds. This appeal must be filed with a member of the appeal

committee in the county where the land is located within two working days of the time the

notice is received. The committee must inspect the land specified in the notice and report

back to the recipient and the inspector or county-designated employee who issued the notice

within five working days, either agreeing
new text begin
with
new text end
, disagreeing
new text begin
with
new text end
, or revising the order. The

decision may be appealed in district court. If the committee agrees
new text begin
with
new text end
or revises the order,

the control or eradication specified in the order, as approved or revised by the committee,

may be carried out.

new text begin

(b) A person seeking to appeal an order revoking a permit issued under section 18.82,

subdivision 3, by an inspector or county-designated employee must appeal the order for

revocation in writing. The person must file the appeal with a member of the appeal committee

in the county where the land is located within two working days of the day when the notice

was received. The committee must respond by inspecting the location or transporting vehicle

where the person possessed or transported noxious weed materials and propagating parts.

After inspection, the committee must report to the recipient and the inspector or

county-designated employee who issued the notice within five working days, either agreeing

with, disagreeing with, or revising the order. A person may appeal a decision under this

paragraph in district court.

new text end

deleted text begin

(2)
deleted text end
new text begin
(c)
new text end
The county board
deleted text begin
shall
deleted text end
new text begin
must
new text end
appoint members of the appeal committee. The

membership must include a county commissioner or municipal official and a landowner

residing in the county. The expenses of the members may be reimbursed by the county upon

submission of an itemized statement to the county auditor. At its option, the county board,

by resolution, may delegate the duties of the appeal committee to its board of adjustment

established pursuant to section
394.27
. When carrying out the duties of the appeal committee,

the zoning board of adjustment
deleted text begin
shall
deleted text end
new text begin
must
new text end
comply with all of the procedural requirements

of this section.

Sec. 17.

Minnesota Statutes 2024, section 18.86, is amended to read:

18.86 UNLAWFUL ACTS.

No person may:

(1) hinder or obstruct in any way an inspector or county-designated employee in the

performance of duties under sections
18.76
to
18.91
or related rules;

(2) neglect, fail, or refuse to comply with section
18.82

deleted text begin
or related rules in the

transportation and use of material or equipment infested with noxious weed propagating

parts
deleted text end
;

(3) sell material containing noxious weed propagating parts to a person who does not

have a permit to transport that material or to a person who does not have a screenings permit

issued in accordance with section
21.74
; or

(4) neglect, fail, or refuse to comply with a general notice or an individual notice to

control or eradicate noxious weeds.

Sec. 18.

Minnesota Statutes 2024, section 18.91, subdivision 2, is amended to read:

Subd. 2.

Membership.

The commissioner
deleted text begin
shall
deleted text end
new text begin
must
new text end
appoint
new text begin
and approve
new text end
members
deleted text begin
,

which shall include
deleted text end
new text begin
who have successfully completed the application process with the

secretary of state, including
new text end
representatives from the following:

(1) the Department of Horticultural Science at the University of Minnesota;

(2) the Department of Agronomy at the University of Minnesota;

(3) the Department of Forest Resources at the University of Minnesota;

(4) the nursery and landscape industry in Minnesota;

(5) the seed industry in Minnesota;

(6) the Department of Agriculture;

(7) the Department of Natural Resources;

(8) a conservation organization;

(9) an environmental organization;

(10) at least two farm organizations;

(11) the county agricultural inspectors;

(12) city governments;

(13) township governments;

(14) county governments;

(15) the Department of Transportation;

(16) the University of Minnesota Extension;

(17) the timber and forestry industry in Minnesota;

(18) the Board of Water and Soil Resources;

(19) soil and water conservation districts;

(20) the Minnesota Association of County Land Commissioners; and

(21) other members as needed.

Sec. 19.

Minnesota Statutes 2024, section 18C.005, subdivision 6, is amended to read:

Subd. 6.

Compost.

"Compost"
deleted text begin
is a biologically stable material derived from the

composting process
deleted text end
new text begin
has the meaning given in section 18C.132, subdivision 1
new text end
.

Sec. 20.

Minnesota Statutes 2024, section 18C.005, subdivision 6a, is amended to read:

Subd. 6a.

Composting.

"Composting"
deleted text begin
is the biological decomposition of organic matter.

It is accomplished by mixing and piling in such a way as to promote aerobic or anaerobic

decay or both. The process inhibits pathogens, viable weed seeds, and odors
deleted text end
new text begin
has the meaning

given in section 18C.132, subdivision 2
new text end
.

Sec. 21.

Minnesota Statutes 2024, section 18C.005, subdivision 25, is amended to read:

Subd. 25.

Plant amendment.

"Plant amendment" means a substance applied to plants

or seeds that is intended to improve germination, growth, yield, product quality, reproduction,

flavor, or other desirable characteristics of plants
new text begin
, including beneficial substances and plant

biostimulants,
new text end
except fertilizers, soil amendments, agricultural liming materials, pesticides,

and other materials that are exempted by rule.

Sec. 22.

Minnesota Statutes 2024, section 18C.005, is amended by adding a subdivision

to read:

new text begin

Subd. 25a.

new text end

new text begin

Plant biostimulant.

new text end

new text begin

"Plant biostimulant" means a substance, microorganism,

or mixture thereof that, when applied to seeds, plants, the rhizosphere, soil, or other growth

media, supports a plant's natural nutrition processes independently of the biostimulant's

nutrient content and improves nutrient availability, uptake, or use efficiency, tolerance to

abiotic stress, and consequent growth, development, quality, or yield.

new text end

Sec. 23.

Minnesota Statutes 2024, section 18C.005, subdivision 33, is amended to read:

Subd. 33.

Soil amendment.

"Soil amendment" means a substance intended to improve

the structural, physical, chemical, biochemical, or biological characteristics of the soil or

modify organic matter at or near the soil surface
new text begin
, including beneficial substances
new text end
, except

fertilizers, agricultural liming materials, pesticides, and other materials exempted by the

commissioner's rules.

Sec. 24.

new text begin

[18C.132] COMPOST AND COMPOSTING.

new text end

new text begin

Subdivision 1.

new text end

new text begin

Compost.

new text end

new text begin

"Compost" is the product manufactured through the controlled

aerobic, biological decomposition of biodegradable materials. The product has undergone

mesophilic and thermophilic temperatures, which significantly reduces the viability of

pathogens and weed seeds and stabilizes the carbon such that it is beneficial to plant growth.

Compost is typically used as a soil amendment but may also contribute plant nutrients.

new text end

new text begin

Subd. 2.

new text end

new text begin

Composting.

new text end

new text begin

"Composting" is the biological decomposition of organic matter.

Composting is accomplished by mixing and piling in such a way as to promote aerobic or

anaerobic decay, or both. Composting is a process that inhibits pathogens, viable weed

seeds, and odors.

new text end

Sec. 25.
new text begin
REVISOR INSTRUCTION.
new text end

new text begin

The revisor of statutes must renumber the subdivisions of Minnesota Statutes, section

18.77, listed in column A to the references listed in column B. The revisor must make

necessary cross-reference changes in Minnesota Statutes and Minnesota Rules consistent

with the renumbering.

new text end

new text begin

Column A

new text end

new text begin

Column B

new text end

new text begin

subdivision 2a

new text end

new text begin

subdivision 2e

new text end

new text begin

subdivision 2b

new text end

new text begin

subdivision 2f

new text end

new text begin

subdivision 13

new text end

new text begin

subdivision 8b

new text end

new text begin

subdivision 15

new text end

new text begin

subdivision 2d

new text end

new text begin

subdivision 16

new text end

new text begin

subdivision 2c

new text end

new text begin

subdivision 17

new text end

new text begin

subdivision 5b

new text end

Sec. 26.
new text begin
REPEALER.
new text end

new text begin

Minnesota Statutes 2024, sections 18.77, subdivision 14; and 28A.075,

new text end

new text begin

are repealed.

new text end

APPENDIX

Repealed Minnesota Statutes: H4350-1

18.77 DEFINITIONS.

Subd. 14.

Cooperative weed management areas or CWMAs.

"Cooperative weed management areas" or "CWMAs" means partnership organizations formed with the goal of managing invasive plants across jurisdictional and land ownership boundaries through collective planning and sharing of knowledge and resources.

28A.075 DELEGATION TO LOCAL COMMUNITY HEALTH BOARD.

(a) At the request of a local community health board that licensed and inspected grocery and convenience stores on January 1, 1999, the commissioner must enter into agreements before January 1, 2001, with local community health boards to delegate to the appropriate local community health board the licensing and inspection duties of the commissioner pertaining to retail food handlers that are grocery or convenience stores. At the request of a local community health board that licensed and inspected part of any grocery or convenience store on January 1, 1999, the commissioner must enter into agreements before July 1, 2001, with local community health boards to delegate to the appropriate local community health board the licensing and inspection duties of the commissioner pertaining to retail food handlers that are grocery or convenience stores. At any time thereafter, the commissioner may enter into an agreement with a local community health board that licensed and inspected all or part of any grocery or convenience store on January 1, 1999, to delegate to the appropriate local community health board the licensing and inspection duties of the commissioner pertaining to retail food handlers such as grocery or convenience stores. Retail food handlers inspected under the state meat inspection program of chapter 31A are exempt from delegation.

(b) A local community health board must adopt an ordinance consistent with the Minnesota Food Code, Minnesota Rules, chapter 4626, for all of its jurisdiction to regulate retail food handlers and the ordinance (Food Code) must not be in conflict with standards set in law or rule.

(c) A fee to recover the estimated costs of enforcement of this chapter must be established by ordinance and must be fair, reasonable, and proportionate to the actual cost of the licensing and inspection services. The fee must only be maintained and used for the estimated costs of enforcing this chapter.