1.1 	A bill for an act
1.2 	relating to agriculture; changing the incidence of a dog food fee;amending 
1.3 	Minnesota Statutes 2006, sections 25.33, by adding a subdivision; 25.39, 
1.4 	subdivision 1.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2006, section 25.33, is amended by adding a subdivision 
1.7 	to read:
1.8 		Subd. 25.Recipe. "Recipe" means a comprehensive list of ingredients comprising 
1.9 	a pet food or specialty pet food and including the precise quantity of each ingredient 
1.10 	per batch or individual serving.

1.11 	Sec. 2. Minnesota Statutes 2006, section 25.39, subdivision 1, is amended to read:
1.12 		Subdivision 1.Amount of fee. (a) An inspection fee at the rate of 16 cents per ton 
1.13 	must be paid to the commissioner on commercial feeds distributed in this state by the 
1.14 	person who first distributes the commercial feed, except that:
1.15 	(1) no fee need be paid on:
1.16 	(i) a commercial feed if the payment has been made by a previous distributor; or
1.17 	(ii) customer formula feeds if the inspection fee is paid on the commercial feeds 
1.18 	which are used as ingredients; or
1.19 	(2) a Minnesota feed distributor who can substantiate that greater than 50 percent 
1.20 	of the distribution of commercial feed is to purchasers outside the state may purchase 
1.21 	commercial feeds without payment of the inspection fee under a tonnage fee exemption 
1.22 	permit issued by the commissioner. Such location specific permits shall be issued on a 
1.23 	calendar year basis to commercial feed distributors who submit a $100 nonrefundable 
2.1 	application fee and comply with rules adopted by the commissioner relative to record 
2.2 	keeping, tonnage of commercial feed distributed in Minnesota, total of all commercial 
2.3 	feed tonnage distributed, and all other information which the commissioner may require 
2.4 	so as to ensure that proper inspection fee payment has been made.
2.5 	(b) In the case of pet food distributed in the state only in packages of ten pounds 
2.6 	or less, a listing of each productrecipe, accompanied by a list of each pet food product 
2.7 	comprised exclusively of that recipe and a current label for each product must be 
2.8 	submitted annually on forms provided by the commissioner and accompanied by an 
2.9 	annual fee of $50 for each product recipe in lieu of the inspection fee. This annual fee is 
2.10 	due by July 1. The inspection fee required by paragraph (a) applies to pet food distributed 
2.11 	in packages exceeding ten pounds.
2.12 	(c) In the case of specialty pet food distributed in the state only in packages of ten 
2.13 	pounds or less, a listing of each productrecipe, accompanied by a list of each specialty pet 
2.14 	food product comprised exclusively of that recipe and a current label for each product 
2.15 	must be submitted annually on forms provided by the commissioner and accompanied by 
2.16 	an annual fee of $25 for each product recipe in lieu of the inspection fee. This annual fee 
2.17 	is due by July 1. The inspection fee required by paragraph (a) applies to specialty pet food 
2.18 	distributed in packages exceeding ten pounds.
2.19 	(d) The minimum inspection fee is $10 per annual reporting period.
2.20 	(e) The commissioner shall treat a recipe submitted under paragraph (b) or (c) as a 
2.21 	trade secret and nonpublic data.