Title Minnesota Statutes, Minnesota Statutes

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 …

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, ei…

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 equipm…

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…

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, cou…

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 de…

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…

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 in…

17.944 REVIEW BY COMMISSIONER. § Subdivision 1.Agricultural contracts. For purposes of this section and section 17.943, "agricultural contract" includes, where applicable, the cover sheet as defined in section 17.942, and material risk disclosure statement required by section 17.…

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…

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 requi…

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

17.945 RULES. The commissioner may adopt rules to implement sections 17.90 to 17.98, including the prohibition of specific trade practices. History: 1990 c 517 s 6

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

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 pro…

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

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 alt…

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 …

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 f…

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 natura…

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 de…

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 produce…

17.9893 CERTIFICATION INSTRUMENT. 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, shal…

17.9894 CERTIFYING AGENT LICENSE. § Subdivision 1.License. A person who offers certification services to producers as part of the program must satisfy all criteria in subdivision 2 and be licensed by the commissioner. A certifying agent is ineligible to provide certification serv…

17.9895 DUTIES OF A CERTIFYING AGENT. § Subdivision 1.Duties. A certifying agent shall conduct a formal certification assessment utilizing the certification instrument to determine whether a producer meets program criteria. If a producer satisfies all requirements, the certifying…

17.9896 CERTIFICATION PROCEDURES. § Subdivision 1.Producer duties. A producer who seeks certification of eligible land shall conduct an initial assessment using the certification instrument, obtain technical assistance if necessary to achieve a satisfactory score on the certifica…

17.9897 CERTIFICATION CERTAINTY. (a) Once a producer is certified, the producer: (1) retains certification for up to ten years from the date of certification if the producer complies with the certification agreement, even if the producer does not comply with new state water prote…

17.9898 AUDITS. The commissioner shall perform random audits of producers and certifying agents to ensure compliance with the program. All producers and certifying agents shall cooperate with the commissioner during these audits, and provide all relevant documents to the commissi…

17.9899 DATA. All data collected under the program that identifies a producer or a producer's location are considered nonpublic data as defined in section 13.02, subdivision 9, or private data on individuals as defined in section 13.02, subdivision 12. The commissioner shall make…

17.991 RULEMAKING. The commissioner may adopt rules to implement the program. History: 2013 c 114 art 2 s 14

17.992 REPORTS. 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, shall issue a biennial…

17.993 FINANCIAL ASSISTANCE. The commissioner may use contributions from gifts or other state accounts, provided that the purpose of the expenditure is consistent with the purpose of the accounts, for grants, loans, or other financial assistance. History: 2013 c 114 art 2 s 16