USA Statutes : minnesota
Title : AGRICULTURE
Chapter : Pest control
18.01 Repealed, 1959 c 35 s 19
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.
18.012 Repealed, 2003 c 128 art 7 s 1
18.02 Repealed, 1959 c 35 s 19
18.021 Repealed, 2003 c 128 art 7 s 1
18.022 Repealed, 2003 c 128 art 7 s 1
18.0223 Repealed, 2003 c 128 art 7 s 1
18.0225 Repealed, 2003 c 128 art 7 s 1
18.0226 Repealed, 1990 c 607 s 8
18.0227 Repealed, 2003 c 128 art 7 s 1
18.0228 Repealed, 2003 c 128 art 7 s 1
18.0229 Repealed, 2003 c 128 art 7 s 1
18.023 Repealed, 2003 c 128 art 7 s 1
18.024 Repealed, 2003 c 128 art 7 s 1
18.03 Repealed, 1959 c 35 s 19
18.031 Repealed, 1976 c 53 s 29
18.032 Repealed, 1976 c 53 s 29
18.0321 Repealed, 1976 c 53 s 29
18.0322 Repealed, 1976 c 53 s 29
18.0323 Repealed, 1976 c 53 s 29
18.0324 Repealed, 1976 c 53 s 29
18.033 Repealed, 1976 c 53 s 29
18.034 Repealed, 1976 c 53 s 29
18.035 Repealed, 1976 c 53 s 29
18.036 Repealed, 1976 c 53 s 29
18.04 Repealed, 1959 c 35 s 19
18.041 Repealed, 2003 c 128 art 7 s 1
18.05 Repealed, 1959 c 35 s 19
18.051 Repealed, 2003 c 128 art 7 s 1
18.06 Repealed, 1959 c 35 s 19
18.061 Repealed, 2003 c 128 art 7 s 1
18.07 Repealed, 1959 c 35 s 19
18.071 Repealed, 2003 c 128 art 7 s 1
18.08 Repealed, 1959 c 35 s 19
18.081 Repealed, 2003 c 128 art 7 s 1
18.09 Repealed, 1959 c 35 s 19
18.091 Repealed, 2003 c 128 art 7 s 1
18.10 Repealed, 1959 c 35 s 19
18.101 Repealed, 2003 c 128 art 7 s 1
18.11 Repealed, 1959 c 35 s 19
18.111 Repealed, 2003 c 128 art 7 s 1
18.12 Repealed, 1959 c 35 s 19
18.121 Repealed, 2003 c 128 art 7 s 1
18.13 Repealed, 1961 c 127 art 1 s 8
18.131 Repealed, 2003 c 128 art 7 s 1
18.14 Renumbered 18.022, subds 1-4
18.141 Repealed, 2003 c 128 art 7 s 1
18.15 Repealed, 1953 c 641 s 3
18.151 Repealed, 2003 c 128 art 7 s 1
18.16 Repealed, 1953 c 641 s 3
18.161 Repealed, 2003 c 128 art 7 s 1
18.17 Repealed, 1953 c 641 s 3
18.171 Repealed, 1992 c 500 s 16
18.18 Repealed, 1953 c 641 s 3
18.181 Repealed, 1992 c 500 s 16
18.182 Repealed, 1992 c 500 s 16
18.189 Repealed, 1992 c 500 s 16
18.19 Repealed, 1953 c 641 s 3
18.191 Repealed, 1992 c 500 s 16
18.192 Repealed, 1992 c 500 s 16
18.20 Repealed, 1953 c 641 s 3
18.201 Repealed, 1992 c 500 s 16
18.205 Repealed, 1Sp2001 c 2 s 162
18.21 Subdivision 1. Repealed, 1959 c 35 s 19
Subd. 2. Renumbered 18.022, subd 5
18.211 Repealed, 1992 c 500 s 16
18.22 Renumbered 18.021
18.221 Repealed, 1992 c 500 s 16
18.23 Repealed, 1955 c 503 s 6
18.231 Repealed, 1992 c 500 s 16
18.24 Repealed, 1955 c 503 s 6
18.241 Repealed, 1992 c 500 s 16
18.25 Repealed, 1955 c 503 s 6
18.251 Repealed, 1992 c 500 s 16
18.26 Repealed, 1955 c 503 s 6
18.261 Repealed, 1992 c 500 s 16
18.271 Repealed, 1992 c 500 s 16
18.272 Repealed, 1992 c 500 s 16
18.281 Repealed, 1992 c 500 s 16
18.291 Repealed, 1992 c 500 s 16
18.301 Repealed, 1992 c 500 s 16
18.31 Renumbered 18.041
18.311 Repealed, 1992 c 500 s 16
18.312 Repealed, 1992 c 500 s 16
18.315 Repealed, 1992 c 500 s 16
18.316 Repealed, 1996 c 385 art 2 s 8
18.317 Repealed, 1996 c 385 art 2 s 8
18.32 Renumbered 18.051
18.321 Repealed, 1992 c 500 s 16
18.322 Repealed, 1992 c 500 s 16
18.323 Repealed, 1992 c 500 s 16
18.33 Renumbered 18.061
18.331 Repealed, 2003 c 128 art 7 s 1
18.332 Repealed, 2003 c 128 art 7 s 1
18.333 Repealed, 2003 c 128 art 7 s 1
18.334 Repealed, 2003 c 128 art 7 s 1
18.335 Repealed, 2003 c 128 art 7 s 1
18.34 Renumbered 18.071
18.341 Renumbered 89.51
18.35 Renumbered 18.081
18.351 Renumbered 89.52
18.36 Renumbered 18.091
18.361 Renumbered 89.53
18.37 Renumbered 18.101
18.371 Renumbered 89.54
18.38 Renumbered 18.111
18.381 Renumbered 89.55
18.39 Renumbered 18.121
18.391 Renumbered 89.56
18.40 Renumbered 18.131
18.401 Renumbered 89.57
18.41 Renumbered 18.141
18.411 Renumbered 89.58
18.42 Renumbered 18.151
18.421 Renumbered 89.59
18.422 Renumbered 89.60
18.423 Renumbered 89.61
18.43 Renumbered 18.161
18.431 Repealed, 1987 c 109 s 13
18.432 Repealed, 1987 c 109 s 13
18.433 Repealed, 1987 c 109 s 13
18.434 Repealed, 1987 c 109 s 13
18.435 Repealed, 1987 c 109 s 13
18.436 Repealed, 1987 c 109 s 13
18.44 Repealed, 2003 c 128 art 7 s 1
18.45 Repealed, 2003 c 128 art 7 s 1
18.46 Repealed, 2003 c 128 art 7 s 1
18.47 Repealed, 2003 c 128 art 7 s 1
18.48 Repealed, 2003 c 128 art 7 s 1
18.49 Repealed, 2003 c 128 art 7 s 1
18.50 Repealed, 2003 c 128 art 7 s 1
18.51 Repealed, 2003 c 128 art 7 s 1
18.52 Repealed, 2003 c 128 art 7 s 1
18.525 Repealed, 2003 c 128 art 7 s 1
18.53 Repealed, 2003 c 128 art 7 s 1
18.54 Repealed, 2003 c 128 art 7 s 1
18.55 Repealed, 2003 c 128 art 7 s 1
18.56 Repealed, 2003 c 128 art 7 s 1
18.57 Repealed, 2003 c 128 art 7 s 1
18.58 Repealed, 1996 c 310 s 1
18.59 Repealed, 2003 c 128 art 7 s 1
18.60 Repealed, 2003 c 128 art 7 s 1
18.61 Repealed, 2003 c 128 art 7 s 1
18.62 Enactment; insurance fund; administration; finance.
The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:
PEST CONTROL COMPACT ARTICLE I Findings
The party states find that:
(a) In the absence of the higher degree of cooperation among them possible under this compact, the annual loss of approximately seven billion dollars from the depredations of pests is virtually certain to continue, if not to increase.
(b) Because of varying climatic, geographic and economic factors, each state may be affected differently by particular species of pests; but all states share the inability to protect themselves fully against those pests which present serious dangers to them.
(c) The migratory character of pest infestations makes it necessary for states both adjacent to and distant from one another, to complement each other's activities when faced with conditions of infestation and reinfestation.
(d) While every state is seriously affected by a substantial number of pests, and every state is susceptible of infestation by many species of pests not now causing damage to its crop and plant life and products, the fact that relatively few species of pests present equal danger to or are of interest to all states makes the establishment and operation of an Insurance Fund, from which individual states may obtain financial support for pest control programs of benefit to them in other states and to which they may contribute in accordance with their relative interests, the most equitable means of financing cooperative pest eradication and control programs.
ARTICLE II Definitions
As used in this compact, unless the context clearly requires a different construction:
(a) "State" means a state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(b) "Requesting state" means a state which invokes the procedures of the compact to secure the undertaking or intensification of measures to control or eradicate one or more pests within one or more other states.
(c) "Responding state" means a state requested to undertake or intensify the measures referred to in subdivision (a) of this Article.
(d) "Pest" means any invertebrate animal, pathogen, parasitic plant or similar or allied organism which can cause disease or damage in any crops, trees, shrubs, grasses or other plants of substantial value.
(e) "Insurance Fund" means the Pest Control Insurance Fund established pursuant to this compact.
(f) "Governing Board" means the administrators of this compact representing all of the party states when such administrators are acting as a body in pursuance of authority vested in them by this compact.
(g) "Executive Committee" means the committee established pursuant to Article V (e) of this compact.
ARTICLE III The Insurance Fund
There is hereby established the Pest Control Insurance Fund for the purpose of financing other than normal pest control operations which states may be called upon to engage in pursuant to this compact. The Insurance Fund shall contain moneys appropriated to it by the party states and any donations and grants accepted by it. All appropriations, except as conditioned by the rights and obligations of party states expressly set forth in this compact, shall be unconditional and may not be restricted by the appropriating state to use in the control of any specified pest or pests. Donations and grants may be conditional or unconditional, provided that the insurance fund shall not accept any donation or grant whose terms are inconsistent with any provision of this compact.
ARTICLE IV The Insurance Fund, Internal Operations and Management
(a) The Insurance Fund shall be administered by a Governing Board and Executive Committee as hereinafter provided. The actions of the Governing Board and Executive Committee pursuant to this compact shall be deemed the actions of the Insurance Fund.
(b) The members of the Governing Board shall be entitled to one vote each on such Board. No action of the Governing Board shall be binding unless taken at a meeting at which a majority of the total number of votes on the Governing Board are cast in favor thereof. Action of the Governing Board shall be only at a meeting at which a majority of the members are present.
(c) The Insurance Fund shall have a seal which may be employed as an official symbol and which may be affixed to documents and otherwise used as the Governing Board may provide.
(d) The Governing Board shall elect annually, from among its members, a chairman, a vice chairman, a secretary and a treasurer. The chairman may not succeed himself. The Governing Board may appoint an executive director and fix his duties and his compensation, if any. Such executive director shall serve at the pleasure of the Governing Board. The Governing Board shall make provision for the bonding of such of the officers and employees of the Insurance Fund as may be appropriate.
(e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, or if there be no executive director, the chairman, in accordance with such procedures as the bylaws may provide, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the Insurance Fund and shall fix the duties and compensation of such personnel. The Governing Board in its bylaws shall provide for the personnel policies and programs of the Insurance Fund.
(f) The Insurance Fund may borrow, accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation.
(g) The Insurance Fund may accept for any of its purposes and functions under this compact any and all donations, and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation, and may receive, utilize and dispose of the same. Any donation, gift or grant accepted by the Governing Board pursuant to this paragraph or services borrowed pursuant to paragraph (f) of this Article shall be reported in the annual report of the Insurance Fund. Such report shall include the nature, amount and conditions, if any, of the donation, gift, grant or services borrowed and the identity of the donor or lender.
(h) The Governing Board shall adopt bylaws for the conduct of the business of the Insurance Fund and shall have the power to amend and rescind these bylaws. The Insurance Fund shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states.
(i) The Insurance Fund annually shall make to the Governor and legislature of each party state a report covering its activities for the preceding year. The Insurance Fund may make such additional reports as it may deem desirable.
(j) In addition to the powers and duties specifically authorized and imposed, the Insurance Fund may do such other things as are necessary and incidental to the conduct of its affairs pursuant to this compact.
ARTICLE V Compact and Insurance Fund Administration
(a) In each party state there shall be a compact administrator, who shall be selected and serve in such manner as the laws of his state may provide, and who shall:
1. Assist in the coordination of activities pursuant to the compact in his state; and
2. Represent his state on the Governing Board of the Insurance Fund.
(b) If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the Governing Board of the Insurance Fund by not to exceed three representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, but no such representative shall have a vote on the Governing Board or on the Executive Committee thereof.
(c) The Governing Board shall meet at least once each year for the purpose of determining policies and procedures in the administration of the Insurance Fund and, consistent with the provisions of the compact, supervising and giving direction to the expenditure of moneys from the Insurance Fund. Additional meetings of the Governing Board shall be held on call of the chairman, the Executive Committee, or a majority of the membership of the Governing Board.
(d) At such times as it may be meeting, the Governing Board shall pass upon applications for assistance from the Insurance Fund and authorize disbursements therefrom. When the Governing Board is not in session, the Executive Committee thereof shall act as agent of the Governing Board, with full authority to act for it in passing upon such applications.
(e) The Executive Committee shall be composed of the chairman of the Governing Board and four additional members of the Governing Board chosen by it so that there shall be one member representing each of four geographic groupings of party states. The Governing Board shall make such geographic groupings. If there is representation of the United States on the Governing Board, one such representative may meet with the Executive Committee. The chairman of the Governing Board shall be chairman of the Executive Committee. No action of the Executive Committee shall be binding unless taken at a meeting at which at least four members of such Committee are present and vote in favor thereof. Necessary expenses of each of the five members of the Executive Committee incurred in attending meetings of such Committee, when not held at the same time and place as a meeting of the Governing Board, shall be charges against the Insurance Fund.
ARTICLE VI Assistance and Reimbursement
(a) Each party state pledges to each other party state that it will employ its best efforts to eradicate, or control within the strictest practicable limits, any and all pests. It is recognized that performance of this responsibility involves:
1. The maintenance of pest control and eradication activities of interstate significance by a party state at a level that would be reasonable for its own protection in the absence of this compact.
2. The meeting of emergency outbreaks or infestations of interstate significance to no less an extent than would have been done in the absence of this compact.
(b) Whenever a party state is threatened by a pest not present within its borders but present within another party state, or whenever a party state is undertaking or engaged in activities for the control or eradication of a pest or pests, and finds that such activities are or would be impracticable or substantially more difficult of success by reason of failure of another party state to cope with infestation or threatened infestation, that state may request the Governing Board to authorize expenditures from the Insurance Fund for eradication or control measures to be taken by one or more of such other party states at a level sufficient to prevent, or to reduce to the greatest practicable extent, infestation or reinfestation of the requesting state. Upon such authorization the responding state or states shall take or increase such eradication or control measures as may be warranted. A responding state shall use moneys made available from the Insurance Fund expeditiously and efficiently to assist in affording the protection requested.
(c) In order to apply for expenditures from the Insurance Fund, a requesting state shall submit the following in writing:
1. A detailed statement of the circumstances which occasion the request for the invoking of the compact.
2. Evidence that the pest on account of whose eradication or control assistance is requested constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass or other plant having a substantial value to the requesting state.
3. A statement of the extent of the present and projected program of the requesting state and its subdivisions, including full information as to the legal authority for the conduct of such program or programs and the expenditures being made or budgeted therefor, in connection with the eradication, control, or prevention of introduction of the pest concerned.
4. Proof that the expenditures being made or budgeted as detailed in item 3 do not constitute a reduction of the effort for the control or eradication of the pest concerned or, if there is a reduction, the reasons why the level of program detailed in item 3 constitutes a normal level of pest control activity.
5. A declaration as to whether, to the best of its knowledge and belief, the conditions which in its view occasion the invoking of the compact in the particular instance can be abated by a program undertaken with the aid of moneys from the Insurance Fund in one year or less, or whether the request is for an installment in a program which is likely to continue for a longer period of time.
6. Such other information as the Governing Board may require consistent with the provisions of this compact.
(d) The Governing Board or Executive Committee shall give due notice of any meeting at which an application for assistance from the Insurance Fund is to be considered. Such notice shall be given to the compact administrator of each party state and to such other officers and agencies as may be designated by the laws of the party states. The requesting state and any other party state shall be entitled to be represented and present evidence and argument at such meeting.
(e) Upon the submission as required by paragraph (c) of this Article and such other information as it may have or acquire, and upon determining that an expenditure of funds is within the purposes of this compact and justified thereby, the Governing Board or Executive Committee shall authorize support of the program. The Governing Board or the Executive Committee may meet at any time or place for the purpose of receiving and considering an application. Any and all determinations of the Governing Board or Executive Committee, with respect to an application, together with the reasons therefor shall be recorded and subscribed in such manner as to show and preserve the votes of the individual members thereof.
(f) A requesting state which is dissatisfied with a determination of the Executive Committee shall upon notice in writing given within twenty days of the determination with which it is dissatisfied, be entitled to receive a review thereof at the next meeting of the Governing Board. Determinations of the Executive Committee shall be reviewable only by the Governing Board at one of its regular meetings, or at a special meeting held in such manner as the Governing Board may authorize.
(g) Responding states required to undertake or increase measures pursuant to this compact may receive moneys from the Insurance Fund, either at the time or times when such state incurs expenditures on account of such measures, or as reimbursement for expenses incurred and chargeable to the Insurance Fund. The Governing Board shall adopt and, from time to time, may amend or revise procedures for submission of claims upon it and for payment thereof.
(h) Before authorizing the expenditure of moneys from the Insurance Fund pursuant to an application of a requesting state, the Insurance Fund shall ascertain the extent and nature of any timely assistance or participation which may be available from the federal government and shall request the appropriate agency or agencies of the federal government for such assistance and participation.
(i) The Insurance Fund may negotiate and execute a memorandum of understanding or other appropriate instrument defining the extent and degree of assistance or participation between and among the Insurance Fund, cooperating federal agencies, states and any other entities concerned.
ARTICLE VII Advisory and Technical Committees
The Governing Board may establish advisory and technical committees composed of state, local, and federal officials, and private persons to advise it with respect to any one or more of its functions. Any such advisory or technical committee, or any member or members thereof may meet with and participate in its deliberations. Upon request of the Governing Board or Executive Committee an advisory or technical committee may furnish information and recommendations with respect to any application for assistance from the Insurance Fund being considered by such Board or Committee and the Board or Committee may receive and consider the same: Provided that any participant in a meeting of the Governing Board or Executive Committee held pursuant to Article VI (d) of the compact shall be entitled to know the substance of any such information and recommendations, at the time of the meeting if made prior thereto or as a part thereof or, if made thereafter, no later than the time at which the Governing Board or Executive Committee makes its disposition of the application.
ARTICLE VIII Relations with Nonparty Jurisdictions
(a) A party state may make application for assistance from the Insurance Fund in respect of a pest in a nonparty state. Such application shall be considered and disposed of by the Governing Board or Executive Committee in the same manner as an application with respect to a pest within a party state, except as provided in this Article.
(b) At or in connection with any meeting of the Governing Board or Executive Committee held pursuant to Article VI (d) of this compact a nonparty state shall be entitled to appear, participate, and receive information only to such extent as the Governing Board or Executive Committee may provide. A nonparty state shall not be entitled to review of any determination made by the Executive Committee.
(c) The Governing Board or Executive Committee shall authorize expenditures from the Insurance Fund to be made in a nonparty state only after determining that the conditions in such state and the value of such expenditures to the party states as a whole justify them. The Governing Board or Executive Committee may set any conditions which it deems appropriate with respect to the expenditure of moneys from the Insurance Fund in a nonparty state and may enter into such agreement or agreements with nonparty states and other jurisdictions or entities as it may deem necessary or appropriate to protect the interests of the Insurance Fund with respect to expenditures and activities outside of party states.
ARTICLE IX Finance
(a) The Insurance Fund shall submit to the executive head or designated officer or officers of each party state a budget for the Insurance Fund for such period as may be required by the laws of that party state for presentation to the legislature thereof.
(b) Each of the budgets shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The requests for appropriations shall be apportioned among the party states as follows: One-tenth of the total budget in equal shares and the remainder in proportion to the value of agricultural and forest crops and products, excluding animals and animal products, produced in each party state. In determining the value of such crops and products the Insurance Fund may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states. Each of the budgets and requests for appropriations shall indicate the source or sources used in obtaining information concerning value of products.
(c) The financial assets of the Insurance Fund shall be maintained in two accounts to be designated respectively as the "Operating Account" and the "Claims Account." The Operating Account shall consist only of those assets necessary for the administration of the Insurance Fund during the next ensuing two-year period. The Claims Account shall contain all moneys not included in the Operating Account and shall not exceed the amount reasonably estimated to be sufficient to pay all legitimate claims on the Insurance Fund for a period of three years. At any time when the Claims Account has reached its maximum limit or would reach its maximum limit by the addition of moneys requested for appropriation by the party states, the Governing Board shall reduce its budget requests on a pro rata basis in such manner as to keep the Claims Account within such maximum limit. Any moneys in the Claims Account by virtue of conditional donations, grants or gifts shall be included in calculations made pursuant to this paragraph only to the extent that such moneys are available to meet demands arising out of claims.
(d) The Insurance Fund shall not pledge the credit of any party state. The Insurance Fund may meet any of its obligations in whole or in part with moneys available to it under Article IV (g) of this compact, provided that the Governing Board takes specific action setting aside such moneys prior to incurring any obligation to be met in whole or in part in such manner. Except where the Insurance Fund makes use of moneys available to it under Article IV (g) hereof, the Insurance Fund shall not incur any obligation prior to the allotment of moneys by the party states adequate to meet the same.
(e) The Insurance Fund shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Insurance Fund shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Insurance Fund shall be audited yearly by a certified or licensed public accountant and a report of the audit shall be included in and become part of the annual report of the Insurance Fund.
(f) The accounts of the Insurance Fund shall be open at any reasonable time for inspection by duly authorized officers of the party states and by any persons authorized by the Insurance Fund.
ARTICLE X Entry Into Force and Withdrawal
(a) This compact shall enter into force when enacted into law by any five or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until two years after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.
ARTICLE XI Construction and Severability
This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.
18.63 State cooperation.
Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the insurance fund established by the Pest Control Compact.
18.64 Bylaws and amendments; filing.
Pursuant to article IV (h) of the compact, copies of bylaws and amendments thereto shall be filed in the office of the Department of Agriculture of the state of Minnesota.
18.65 Administrator; commissioner of agriculture.
The compact administrator for this state shall be the commissioner of agriculture appointed by the governor. The duties of the compact administrator shall be deemed a regular part of the duties of the commissioner's office.
18.66 Request for assistance.
Within the meaning of article VI (b) or VIII (a), a request or application for assistance from the Insurance Fund may be made by the governor or the commissioner of agriculture whenever in the official's judgment the conditions qualifying this state for such assistance exist and it would be in the best interest of this state to make such request.
18.67 Appropriation; acceptance of funds.
There is hereby appropriated out of the general fund in the state treasury to the Department of Agriculture for the purposes of sections 18.62 to 18.71 during the biennium beginning on July 1, 1969, the sum of $29,000. The Department of Agriculture shall have credited to its account in the state treasury the amount or amounts of any payments made to this state to defray the cost of such program, or any part thereof, or as reimbursement thereof, and moneys so credited are appropriated to the Department of Agriculture for the purposes of sections 18.62 to 18.71.
18.68 Filing of documents; notices.
Filing of documents as required by the compact set forth in sections 18.62 to 18.71 shall be with the Department of Agriculture. Any and all notices required by commission bylaws to be given pursuant to article VI, clause (d) of the compact shall be given to the commissioner of agriculture of this state or the commissioner's alternate, if any.
18.69 Budget; limitations.
Pursuant to article IX, clause (a) of the compact, the governing board shall submit its budget to the commissioner of agriculture. Such budget and the state's share thereof shall be subject to the provisions of chapter 16A, and any act amendatory thereof.
18.70 Legislative auditor.
Pursuant to article IX, clause (f) of the compact, the legislative auditor is hereby empowered and authorized to inspect the accounts of the insurance fund as a part of the auditor's audit of the Department of Agriculture.
18.71 Governor as executive head.
As used in the compact, with reference to this state, the term "executive head" shall mean the governor.
It is the policy of the legislature that residents of the state be protected from the injurious effects of noxious weeds on public health, the environment, public roads, crops, livestock, and other property. Sections 18.76 to 18.88 contain procedures for controlling and eradicating noxious weeds on all lands within the state.
Sections 18.76 to 18.88 may be cited as the "Minnesota Noxious Weed Law."
Subdivision 1. Scope. The definitions in this section apply to sections 18.76 to 18.88.
Subd. 2. Repealed, 1996 c 310 s 1
Subd. 3. Control. "Control" means to destroy the aboveground growth of noxious weeds by a lawful method that prevents the maturation and spread of noxious weed propagating parts from one area to another.
Subd. 4. Eradicate. "Eradicate" means to destroy the aboveground growth and the roots of noxious weeds by a lawful method that prevents the maturation and spread of noxious weed propagating parts from one area to another.
Subd. 5. Growing crop. "Growing crop" means an agricultural, horticultural, or forest crop that has been planted or regularly maintained and intended for harvest.
Subd. 6. Land. "Land" means a parcel or tract of real estate including wetlands and public waters but not including buildings unless they are a place of business and open to the general public.
Subd. 7. Municipality. "Municipality" means a home rule charter or statutory city or a township.
Subd. 8. Noxious weed. "Noxious weed" means an annual, biennial, or perennial plant that the commissioner designates to be injurious to public health, the environment, public roads, crops, livestock, or other property.
Subd. 9. Occupant. "Occupant" means a person who uses land as a principal residence or who leases land or both.
Subd. 10. Permanent pasture, hay meadow, woodlot, and other noncrop area. "Permanent pasture, hay meadow, woodlot, and other noncrop area" means an area of predominantly native or seeded perennial plants that can be used for grazing or hay purposes but is not harvested on a regular basis and is not considered to be a growing crop.
Subd. 11. Person. "Person" means an individual, partnership, corporation, society, association, firm, public agency, or an agent for one of those entities.
Subd. 12. Propagating parts. "Propagating parts" means plant parts, including seeds, that are capable of producing new plants.
18.78 Control or eradication of noxious weeds.
Subdivision 1. Generally. A person owning land, a person occupying land, or a person responsible for the maintenance of public land shall control or eradicate all noxious weeds on the land at a time and in a manner ordered by the county agricultural inspector or a local weed inspector.
Subd. 2. Control of purple loosestrife. An owner of nonfederal lands underlying public waters or wetlands designated under section 103G.201 is not required to control or eradicate purple loosestrife below the ordinary high water level of the public water or wetland. The commissioner of natural resources is responsible for control and eradication of purple loosestrife on public waters and wetlands designated under section 103G.201, except those located upon lands owned in fee title or managed by the United States. The officers, employees, agents, and contractors of the commissioner of natural resources may enter upon public waters and wetlands designated under section 103G.201 and, after providing notification to the occupant or owner of the land, may cross adjacent lands as necessary for the purpose of investigating purple loosestrife infestations, formulating methods of eradication, and implementing control and eradication of purple loosestrife. The commissioner of natural resources shall, by June 1 of each year, compile a priority list of purple loosestrife infestations to be controlled with herbicides in designated public waters. The commissioner of natural resources must distribute the list to county agricultural inspectors, local weed inspectors, and their appointed agents. The commissioner of natural resources shall control listed purple loosestrife infestations in priority order within the limits of funding allocated for that purpose. This procedure shall supersede the other provisions for control of noxious weeds set forth elsewhere in this chapter. The responsibility of the commissioner of natural resources to control and eradicate purple loosestrife on public waters and wetlands located on private lands and the authority to enter upon private lands ends ten days after receipt by the commissioner of a written statement from the landowner that the landowner assumes all responsibility for control and eradication of purple loosestrife under sections 18.78 to 18.88. State officers, employees, agents, and contractors of the commissioner of natural resources are not liable in a civil action for trespass committed in the discharge of their duties under this section and are not liable to anyone for damages, except for damages arising from gross negligence.
18.79 Duties of commissioner.
Subdivision 1. Enforcement. The commissioner of agriculture shall administer and enforce sections 18.76 to 18.88.
Subd. 2. Authorized agents. County agricultural inspectors may administer and enforce sections 18.76 to 18.88.
Subd. 3. Entry upon land. To administer and enforce sections 18.76 to 18.88, county agricultural inspectors and local weed inspectors may enter upon land without consent of the owner and without being subject to an action for trespass or any damages.
Subd. 4. Rules. The commissioner may adopt necessary rules under chapter 14 for the proper enforcement of sections 18.76 to 18.88.
Subd. 5. Order for control or eradication of noxious weeds. A county agricultural inspector or a local weed inspector may order the control or eradication of noxious weeds on any land within the state.
Subd. 6. Initial training for control or eradication of noxious weeds. The commissioner shall conduct initial training considered necessary for weed inspectors in the enforcement of the Noxious Weed Law. The director of the Minnesota Extension Service may conduct educational programs for the general public that will aid compliance with the noxious weed law.
Subd. 7. Meetings and reports. The commissioner shall designate by rule the reports that are required to be made and the meetings that must be attended by weed inspectors.
Subd. 8. Prescribed forms. The commissioner shall prescribe the forms to be used by weed inspectors in the enforcement of sections 18.76 to 18.88.
Subd. 9. Injunction. If the county agricultural inspector applies to a court for a temporary or permanent injunction restraining a person from violating or continuing to violate sections 18.76 to 18.88, the injunction may be issued without requiring a bond.
Subd. 10. Prosecution. On finding that a person has violated sections 18.76 to 18.88, the county agricultural inspector may start court proceedings in the locality in which the violation occurred. The county attorney may prosecute actions under sections 18.76 to 18.88 within the county attorney's jurisdiction.
Subd. 11. Repealed, 2004 c 228 art 1 s 76
Subd. 12. Noxious-weed-free forage and mulch certification agency. The official certification agency for noxious-weed-free forage and mulch shall be determined by the commissioner of agriculture in consultation with the director of the Minnesota agricultural experiment station.
Subdivision 1. County agricultural inspectors. The county board shall appoint one or more county agricultural inspectors that meet the qualifications prescribed by rule. The appointment must be for a period of time which is sufficient to accomplish the duties assigned to this position. A notice of the appointment must be delivered to the commissioner within ten days of the appointment and it must establish the initial number of hours to be worked annually.
Subd. 2. Local weed inspectors. The supervisors of each town board and the mayor of each city shall act as local weed inspectors within their respective municipalities.
Subd. 3. Assistant weed inspectors. A municipality may appoint one or more assistants to act on behalf of the appointing authority as a weed inspector for the municipality. The appointed assistant or assistants have the power, authority, and responsibility of the town board members or the city mayor in the capacity of weed inspector.
18.81 Duties of inspectors.
Subdivision 1. County agricultural inspectors. It is the duty of county agricultural inspectors:
(1) to see that sections 18.76 to 18.88 and rules adopted under those sections are carried out within their jurisdiction;
(2) to see that sections 21.80 to 21.92 and rules adopted under those sections are carried out within their jurisdiction;
(3) to see that sections 21.71 to 21.78 and rules adopted under those sections are carried out within their jurisdiction;
(4) to participate in the control programs for feed, fertilizer, pesticide, and insect pests when requested, in writing, to do so by the commissioner;
(5) to participate in other agricultural programs under the control of the commissioner when requested to do so, subject to veto by the county board;
(6) to administer the distribution of funds allocated by the county board to the county agricultural inspector for noxious weed control and eradication within the county;
(7) to submit reports and attend meetings that the commissioner requires; and
(8) to publish a general weed notice of the legal duty to control noxious weeds in one or more legal newspapers of general circulation throughout the county.
Subd. 2. Local weed inspectors. Local weed inspectors shall:
(1) examine all lands, including highways, roads, alleys, and public ground in the territory over which their jurisdiction extends to ascertain if section 18.78 and related rules have been complied with;
(2) see that the control or eradication of noxious weeds is carried out in accordance with section 18.83 and related rules; and
(3) issue permits in accordance with section 18.82 and related rules for the transportation of materials or equipment infested with noxious weed propagating parts.
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 shall 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 may 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 doing the work may file an itemized statement of costs with the clerk of the municipality in which the work was performed. The municipality shall 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.
18.82 Transportation of noxious weed propagating parts in infested material or equipment.
Subdivision 1. Permits. Except as provided in section 21.74, if a person wants to transport along a public highway materials or equipment containing the propagating parts of weeds designated as noxious by the commissioner, the person must secure a written permit for transportation of the material or equipment from a local weed inspector or county agricultural inspector. Inspectors may issue permits to persons residing or operating within their jurisdiction. If the noxious weed propagating parts are removed from materials and equipment or devitalized before being transported, a permit is not needed.
Subd. 2. Conditions of permit issuance. The following conditions must be met before a permit under subdivision 1 may be issued:
(1) any material or equipment containing noxious weed propagating parts that is about to be transported along a public highway 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; and
(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 their being dumped or scattered upon land or water.
Subd. 3. Duration of permit; revocation. A permit under subdivision 1 is valid for up to one year after the date it is issued unless otherwise specified by the weed inspector issuing the permit. The permit may be revoked if a county agricultural inspector or local weed inspector determines that the applicant has not complied with this section.
18.83 Control; eradication; notices; expenses.
Subdivision 1. General weed notice. A general notice for noxious weed control or eradication must be published on or before May 15 of each year and at other times the commissioner directs. Failure of the county agricultural weed inspector to publish the general notice does not relieve a person from the necessity of full compliance with sections 18.76 to 18.88 and related rules. The published notice is legal and sufficient notice when an individual notice cannot be served.
Subd. 2. Individual notice. A weed inspector may find it necessary to secure more prompt or definite control or eradication of noxious weeds than is accomplished by the published general notice. In these special or individual instances, involving one or a limited number of persons, the weed inspector having jurisdiction shall serve individual notices in writing upon the person who owns the land and the person who occupies the land, or the person responsible for or charged with the maintenance of public land, giving specific instructions on when and how named noxious weeds are to be controlled or eradicated. Individual notices provided for in this section must be served in the same manner as a summons in a civil action in the district court or by certified mail. Service on a person living temporarily or permanently outside of the weed inspector's jurisdiction may be made by sending the notice by certified mail to the last known address of the person, to be ascertained, if necessary, from the last tax list in the county treasurer's office.
Subd. 3. Appeal of individual notice; appeal committee. (1) 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 who issued the notice within five working days, either agreeing, disagreeing, or revising the order. The decision may be appealed in district court. If the committee agrees or revises the order, the control or eradication specified in the order, as approved or revised by the committee, may be carried out.
(2) The county board of commissioners shall 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 of commissioners, 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 shall comply with all of the procedural requirements of this section.
Subd. 4. Control or eradication by inspector. If a person does not comply with an individual notice served on the person or an individual notice cannot be served, the weed inspector having jurisdiction shall have the noxious weeds controlled or eradicated within the time and in the manner the weed inspector designates.
Subd. 5. Control or eradication by inspector in growing crop. A weed inspector may consider it necessary to control or eradicate noxious weeds along with all or a part of a growing crop to prevent the maturation and spread of noxious weeds within the inspector's jurisdiction. If this situation exists, the weed inspector may have the noxious weeds controlled or eradicated together with the crop after the appeal committee has reviewed the matter as outlined in subdivision 3 and reported back agreement with the order.
Subd. 6. Authorization for person hired to enter upon land. The weed inspector may hire a person to control or eradicate noxious weeds if the person who owns the land, the person who occupies the land, or the person responsible for the maintenance of public land has failed to comply with an individual notice or with the published general notice when an individual notice cannot be served. The person hired must have authorization, in writing, from the weed inspector to enter upon the land.
Subd. 7. Expenses; reimbursements. A claim for the expense of controlling or eradicating noxious weeds, which may include the costs of serving notices, is a legal charge against the county in which the land is located. The officers having the work done must file with the county auditor a verified and itemized statement of cost for all services rendered on each separate tract or lot of land. The county auditor shall immediately issue proper warrants to the persons named on the statement as having rendered services. To reimburse the county for its expenditure in this regard, the county auditor shall certify the total amount due and, unless an appeal is made in accordance with section 18.84, enter it on the tax roll as a tax upon the land and it must be collected as other real estate taxes are collected.
If public land is involved, the amount due must be paid from funds provided for maintenance of the land or from the general revenue or operating fund of the agency responsible for the land. Each claim for control or eradication of noxious weeds on public lands must first be approved by the commissioner of agriculture.
18.84 Liability; appeals.
Subdivision 1. Counties and municipalities. Counties and municipalities are not liable for damages from the noxious weed control program for actions conducted in accordance with sections 18.76 to 18.88.
Subd. 2. Appeal to county board. A person who is ordered to control noxious weeds under sections 18.76 to 18.88 and is charged for noxious weed control may appeal the cost of noxious weed control to the county board of the county where the noxious weed control measures were undertaken within 30 days after being charged. The county board shall determine the amount and approve the charge and filing of a lien against the property if it determines that the owner, or occupant if other than the owner, responsible for controlling noxious weeds did not comply with the order of the inspector.
Subd. 3. Court appeal of costs; petition. (a) A landowner who has appealed the cost of noxious weed control measures under subdivision 2 may petition for judicial review. The petition must be filed within 30 days after the conclusion of the hearing before the county board. The petition must be filed with the court administrator in the county in which the land where the noxious weed control measures were undertaken is located, together with proof of service of a copy of the petition on the county auditor. No responsive pleadings may be required of the county, and no court fees may be charged for the appearance of the county in this matter.
(b) The petition must be captioned in the name of the person making the petition as petitioner and respective county as respondents. The petition must include the petitioner's name, the legal description of the land involved, a copy of the notice to control noxious weeds, and the date or dates on which appealed control measures were undertaken.
(c) The petition must state with specificity the grounds upon which the petitioner seeks to avoid the imposition of a lien for the cost of noxious weed control measures.
Subd. 4. Hearing. (a) A hearing under subdivisions 3 to 5 must be held at the earliest practicable date, and in no event later than 90 days following the filing of the petition of objection. The hearing must be before a district judge in the county in which the land where the noxious weed control measures were undertaken is located, and must be conducted in accordance with the District Court Rules of Civil Procedure.
(b) The court shall either order that a lien representing part or all of the costs for noxious weed control measures be imposed against the land or that the landowner be relieved of responsibility for payment of noxious weed control measures undertaken.
Subd. 5. Further appeal. A party aggrieved by the decision of the reviewing court may appeal the decision as provided in the Rules of Appellate Procedure.
18.85 Repealed, 2003 c 128 art 7 s 1
18.86 Unlawful acts.
No person may:
(1) hinder or obstruct in any way the county agricultural inspectors or local weed inspectors in the performance of their duties as provided in sections 18.76 to 18.88 or related rules;
(2) neglect, fail, or refuse to comply with section 18.82 or related rules in the transportation and use of material or equipment infested with noxious weed propagating parts;
(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.
A violation of section 18.86 or a rule adopted under that section is a misdemeanor. County agricultural inspectors, local weed inspectors, or their appointed assistants are not subject to the penalties of this section for failure, neglect, or refusal to perform duties imposed on them by sections 18.76 to 18.88.
18.88 Noxious weed program funding.
Subdivision 1. County. The county board shall pay, from the general revenue or other fund for the county, the expenses for the county agricultural inspector position, for noxious weed control or eradication on all land owned by the county or on land that the county is responsible for the maintenance of, for the expenses of the appeal committee, and for necessary expenses as required for quarantines within the county.
Subd. 2. Municipality. The municipality shall pay, from the general revenue or other fund for the municipality, the necessary expenses of the local weed inspector in the performance of duties required for quarantines within the municipality, and for noxious weed control or eradication on land owned by the municipality or on land for which the municipality is responsible for its maintenance.