1.1                          A bill for an act 
  1.2             relating to agriculture; changing certain penalties 
  1.3             for adulteration of dairy products; amending Minnesota 
  1.4             Statutes 1999 Supplement, section 32.21, subdivision 4.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1999 Supplement, section 
  1.7   32.21, subdivision 4, is amended to read: 
  1.8      Subd. 4.  [PENALTIES.] (a) A person, other than a milk 
  1.9   producer, who violates this section is guilty of a misdemeanor 
  1.10  or subject to a civil penalty up to $1,000. 
  1.11     (b) A milk producer may not change milk plants within 30 
  1.12  days, without permission of the commissioner, after receiving 
  1.13  notification from the commissioner under paragraph (c) or (d) 
  1.14  that the milk producer has violated this section. 
  1.15     (c) A milk producer who violates subdivision 3, clause (1), 
  1.16  (2), (3), (4), or (5), is subject to clauses (1) to (3) of this 
  1.17  paragraph. 
  1.18     (1) Upon notification of the first violation in a 12-month 
  1.19  period, the producer must meet with the dairy plant field 
  1.20  service representative to initiate corrective action within 30 
  1.21  days. 
  1.22     (2) Upon the second violation within a 12-month period, the 
  1.23  producer is subject to a civil penalty of $300.  The 
  1.24  commissioner shall notify the producer by certified mail stating 
  1.25  the penalty is payable in 30 days, the consequences of failure 
  2.1   to pay the penalty, and the consequences of future violations. 
  2.2      (3) Upon the third violation within a 12-month period, the 
  2.3   producer is subject to an additional civil penalty of $300 and 
  2.4   possible revocation of the producer's permit or certification.  
  2.5   The commissioner shall notify the producer by certified mail 
  2.6   that all civil penalties owed must be paid within 30 days and 
  2.7   that the commissioner is initiating administrative procedures to 
  2.8   revoke the producer's permit or certification to sell milk for 
  2.9   at least 30 days. 
  2.10     (d) The producer's shipment of milk must be immediately 
  2.11  suspended if the producer is identified as an individual source 
  2.12  of milk containing residues causing a bulk load of milk to test 
  2.13  positive in violation of subdivision 3, clause (6) or (7).  The 
  2.14  Grade A or manufacturing grade permit must be converted to 
  2.15  temporary status for not more than 30 days and shipment may 
  2.16  resume only after subsequent milk has been sampled by the 
  2.17  commissioner or the commissioner's agent and found to contain no 
  2.18  residues above established tolerances or safe levels. 
  2.19     The Grade A or manufacturing grade permit may be restored 
  2.20  if the producer completes the "Milk and Dairy Beef Residue 
  2.21  Prevention Protocol" with a licensed veterinarian, displays the 
  2.22  signed certificate in the milkhouse, and sends verification to 
  2.23  the commissioner within the 30-day temporary permit status 
  2.24  period.  If the producer does not comply within the temporary 
  2.25  permit status period, the Grade A or manufacturing grade permit 
  2.26  must be suspended.  A milk producer whose milk supply is in 
  2.27  violation of subdivision 3, clause (6) or (7), and has caused a 
  2.28  bulk load to test positive is subject to clauses (1) to (3) of 
  2.29  this paragraph.  
  2.30     (1) For the first violation in a 12-month period, a dairy 
  2.31  plant may collect from the responsible producer the value of the 
  2.32  contaminated truck load of milk.  If the amount collected by the 
  2.33  plant is less than two days of milk production on that farm, 
  2.34  then the commissioner must assess the difference as a civil 
  2.35  penalty payable by the plant or marketing organization on behalf 
  2.36  of the responsible producer the penalty is the value of all milk 
  3.1   on the contaminated load plus any costs associated with the 
  3.2   disposition of the contaminated load.  Future pick-ups are 
  3.3   prohibited until subsequent testing reveals the milk is free of 
  3.4   drug residue.  A farm inspection must be completed by the plant 
  3.5   representative and the producer to determine the cause of the 
  3.6   residue and actions required to prevent future violations. 
  3.7      (2) For the second violation in a 12-month period, a dairy 
  3.8   plant may collect from the responsible producer the value of the 
  3.9   contaminated truck load of milk.  If the amount collected by the 
  3.10  plant is less than four days of milk production on that farm, 
  3.11  then the commissioner must assess the difference as a civil 
  3.12  penalty payable by the plant or marketing organization on behalf 
  3.13  of the responsible producer the penalty is the value of all milk 
  3.14  on the contaminated load plus any costs associated with the 
  3.15  disposition of the contaminated load.  Future pick-ups are 
  3.16  prohibited until subsequent testing reveals the milk is free of 
  3.17  drug residue.  A farm inspection must be completed by the 
  3.18  regulatory agency or its agent to determine the cause of the 
  3.19  residue and actions required to prevent future violations. 
  3.20     (3) For the third violation in a 12-month period, a dairy 
  3.21  plant may collect from the responsible producer the value of the 
  3.22  contaminated load of milk.  If the amount collected by the plant 
  3.23  is less than four days of milk production on that farm, then the 
  3.24  commissioner must assess the difference as a civil penalty 
  3.25  payable by the plant or marketing organization on behalf of the 
  3.26  responsible producer the penalty is the value of all milk on the 
  3.27  contaminated load plus any costs associated with the disposition 
  3.28  of the contaminated load.  Future pick-ups are prohibited until 
  3.29  subsequent testing reveals the milk is free of drug residue.  
  3.30  The commissioner or the commissioner's agent shall also notify 
  3.31  the producer by certified mail that the commissioner is 
  3.32  initiating administrative procedures to revoke the producer's 
  3.33  right to sell milk for a minimum of 30 days.  
  3.34     (4) If a bulk load of milk tests negative for residues and 
  3.35  there is a positive producer sample on the load, no civil 
  3.36  penalties may be assessed to the producer.  The plant must 
  4.1   report the positive result within 24 hours and reject further 
  4.2   milk shipments from that producer until the producer's milk 
  4.3   tests negative.  The department shall suspend the producer's 
  4.4   permit and count the violation on the producer's record.  The 
  4.5   Grade A or manufacturing grade permit must be converted to 
  4.6   temporary status for not more than 30 days during which time the 
  4.7   producer must review the "Milk and Dairy Beef Residue Prevention 
  4.8   Protocol" with a licensed veterinarian, display the signed 
  4.9   certificate in the milkhouse, and send verification to the 
  4.10  commissioner.  If these conditions are met, the Grade A or 
  4.11  manufacturing grade permit must be reinstated.  If the producer 
  4.12  does not comply within the temporary permit status period, the 
  4.13  Grade A or manufacturing grade permit must be suspended. 
  4.14     (e) A milk producer that has been certified as completing 
  4.15  the "Milk and Dairy Beef Residue Prevention Protocol" within 12 
  4.16  months of the first violation of subdivision 3, clause (7), need 
  4.17  only review the cause of the violation with a field service 
  4.18  representative within three days to maintain Grade A or 
  4.19  manufacturing grade permit and shipping status if all other 
  4.20  requirements of this section are met. 
  4.21     (f) Civil penalties collected under this section must be 
  4.22  deposited in the milk inspection services account established in 
  4.23  this chapter.