Subdivision 1. Checkoff fees. For the purpose of providing funds to defray the necessary expenses incurred by the commissioner and the council in formulating, submitting to referendum, issuing, administering and enforcing a promotional order, the promotional order shall provide for checkoff fees in amounts sufficient to defray such expenses, and shall indicate the maximum checkoff rate which shall not exceed one percent of the market value of the year's production of participating producers. Any increase in the maximum checkoff provided for in the promotional order must be within the limit herein prescribed and must be approved by the majority of voting participating producers in a referendum held for that purpose after reasonable notice of such proposed increase.
Subd. 1a. Dairy industry checkoff rate. (a) Notwithstanding subdivision 1, the Minnesota dairy research and promotion order, or any provision to the contrary in this chapter or rules adopted under this chapter, the checkoff rate applicable to the Dairy Research and Promotion Council must be equal to the maximum credit allowed under the Dairy Promotion and Research Order, adopted under the Dairy Production Stabilization Act of 1983, United States Code, title 7, sections 4501 to 4538, for producers participating in a qualified state or regional dairy product promotion or nutrition education program. The checkoff rate provided in this subdivision is effective and must be automatically adjusted without amendment to the Minnesota dairy research and promotion order.
(b) Subdivision 1 applies for the establishment of the checkoff rate applicable to the Dairy Research and Promotion Council if:
(1) the Dairy Production Stabilization Act of 1983 is repealed;
(2) the Dairy Promotion and Research Order is suspended or terminated, in which case subdivision 1 applies only during the period of suspension or termination; or
(3) the federal credit for participation in a qualified state or regional dairy product or nutrition education program is eliminated.
Subd. 2. Payment. The commissioner shall establish the procedure for the timely payment of the checkoff fee by the producer to the council. The procedure shall be clearly outlined in the proposed promotional order. The procedure must be fair, reasonable and the checkoff fee shall be deducted by the first purchaser at the time of sale. The first purchaser shall submit to the council any checkoff fees so deducted once every 30 days in accordance with the commissioner's rules.
Subd. 3. Financing referendums. The commissioner shall require producers petitioning for a promotional order to deposit in advance an amount necessary to defray the expense of electing the first council, formulating an order, submitting it to referendum and issuing the order. Funds received for that purpose shall be deposited in the commodity research and promotion account. If the order is issued, the producers shall be reimbursed when funds are available from assessments. If the order is not issued the commissioner shall refund only that portion of the deposit remaining after payment of expenses incurred on a pro rata basis.
Subd. 4. Deposit and use of checkoff fees. Checkoff fees collected pursuant to sections 17.51 to 17.69 shall be deposited in a federally insured depository institution and shall be disbursed by the officers and employees approved by the council for the necessary expenses incurred in the administration of sections 17.51 to 17.69. Checkoff fees collected shall be used exclusively for the purpose collected and not to support or oppose a political party or a candidate for nomination or election to a public office.
Subd. 5. Commodities research and promotion account. All fees collected by the department under sections 17.51 to 17.69 and any other fees and income received by the department in the administration of these statutes shall be deposited in a separate account known as the commodity research and promotion account in the agricultural fund. Money in the account, including interest, is appropriated to the commissioner to carry out the duties of sections 17.51 to 17.69.
1969 c 1021 s 9; 1976 c 149 s 62 subd 2; 1981 c 41 s 1-3; 1981 c 356 s 256; 1982 c 582 s 6-8; 1987 c 384 art 2 s 5; 1989 c 350 art 5 s 1; 1993 c 172 s 21; 1999 c 231 s 31
Structure Minnesota Statutes
Chapters 17 - 43 — Agriculture
Chapter 17 — Department Of Agriculture
Section 17.01 — Creation Of Department; Commissioner; Deputy.
Section 17.013 — Delegations Of Powers To Deputy Commissioner.
Section 17.03 — Powers And Duties Of Commissioner.
Section 17.035 — Venison Distribution And Reimbursement.
Section 17.039 — Ethical Guidelines For Farm Advocates.
Section 17.04 — Enforcement Of Food Laws.
Section 17.041 — Agricultural Emergency Account; Appropriation.
Section 17.055 — Emerging Farmers.
Section 17.101 — Promotional Activities.
Section 17.1015 — Promotional Expenditures.
Section 17.1016 — Cooperative Grants.
Section 17.1017 — Good Food Access Program.
Section 17.1018 — Good Food Access Program Advisory Committee.
Section 17.102 — Minnesota Grown Label.
Section 17.107 — Farm Equipment Safety And Maintenance Program For Youth.
Section 17.114 — Sustainable Agriculture.
Section 17.116 — Sustainable Agriculture Demonstration Grants.
Section 17.117 — Agriculture Best Management Practices Loan Program.
Section 17.118 — Livestock Investment Grant Program.
Section 17.1195 — Farm Safety Grant And Outreach Programs.
Section 17.133 — Farm Down Payment Assistance Grants.
Section 17.135 — Farm Disposal Of Solid Waste.
Section 17.345 — Not Determinative For Property Classification.
Section 17.352 — Agricultural Products And Pursuits.
Section 17.353 — Fur Farmer Registration.
Section 17.41 — Grain Defined.
Section 17.445 — Inspections And Services; Fees.
Section 17.452 — Farm-raised Cervidae.
Section 17.457 — Restricted Species.
Section 17.458 — Agroforestry.
Section 17.49 — Aquaculture Program And Promotion.
Section 17.491 — Aquaculture Is Agricultural Pursuit.
Section 17.494 — Aquaculture Permits; Rules.
Section 17.495 — Appeal Procedures.
Section 17.496 — Quarantine Facility; Rules.
Section 17.497 — Exotic Species Importation; Rules.
Section 17.498 — Rules; Financial Assurance.
Section 17.4981 — General Conditions For Regulation Of Aquatic Farms.
Section 17.4982 — Definitions.
Section 17.4983 — Aquatic Farm Operations.
Section 17.4984 — Aquatic Farm License.
Section 17.4985 — Transportation Of Aquatic Life.
Section 17.4986 — Importation Of Aquatic Life.
Section 17.4987 — Stocking Private Aquatic Life.
Section 17.4988 — License And Inspection Fees.
Section 17.4989 — Fish Sample Collecting.
Section 17.499 — Transportation Or Importation Of Saltwater Aquatic Life; Quarantine Requirement.
Section 17.4991 — Disease Transmission.
Section 17.4994 — Sucker Eggs.
Section 17.4995 — Receipts To The Game And Fish Fund.
Section 17.4996 — White Earth Indian Reservation.
Section 17.4998 — Violations; Penalty.
Section 17.4999 — Storage, Handling, And Disposal Of Fish Manure.
Section 17.51 — Citation; Agricultural Commodities Promotion Act.
Section 17.56 — Council To Formulate And Submit Promotional Order.
Section 17.57 — Additional Powers And Duties Of Council.
Section 17.58 — Powers And Duties Of Commissioner.
Section 17.59 — Fees To Defray Expenses.
Section 17.60 — Compensation And Expenses.
Section 17.61 — Legal Counsel.
Section 17.62 — Council Records.
Section 17.63 — Refund Of Fees.
Section 17.64 — Termination Of Order.
Section 17.66 — Permitted Activities.
Section 17.67 — Penalty For Violations.
Section 17.69 — Nonliability Of State.
Section 17.692 — Declaration Of Policy.
Section 17.694 — Accreditation.
Section 17.695 — Marketing And Bargaining Committee.
Section 17.696 — Unfair Practices Of Handlers And Associations.
Section 17.697 — Informational Exchanges; Dispute Resolution.
Section 17.698 — Factors To Be Considered In Mediation And Arbitration.
Section 17.70 — Violation Procedure.
Section 17.702 — Negotiation Classes Required.
Section 17.710 — Agricultural Production Contracts.
Section 17.80 — State Agricultural Land Preservation And Conservation Policy.
Section 17.82 — Prohibited Agency Action.
Section 17.84 — Duties Of Commissioner.
Section 17.844 — Livestock Production Policy.
Section 17.85 — Laboratory Services.
Section 17.86 — Urban Forest Promotion And Development.
Section 17.861 — Replacement Of Mercury Manometers.
Section 17.91 — Required Language.
Section 17.92 — Recapture Of Capital Investment Required By An Agricultural Contract.
Section 17.93 — Parent Company Responsibility For Contracts Of Subsidiaries.
Section 17.94 — Implied Promise Of Good Faith.
Section 17.941 — Producer's Right To Cancel.
Section 17.942 — Cover Sheet Requirements.
Section 17.943 — Contract Format.
Section 17.944 — Review By Commissioner.
Section 17.9441 — Limits On Remedies.
Section 17.9442 — Applicability Of Contract Requirements.
Section 17.9443 — Waiver Of Contract Provisions Is Void.
Section 17.95 — Department Of Agriculture Ombudsman.
Section 17.97 — Agricultural Input Prepayments.
Section 17.98 — Dairy Marketing Contracts Excepted.
Section 17.982 — Criminal And Administrative Penalties.
Section 17.983 — Administrative Penalties And Enforcement.
Section 17.984 — Investigation.
Section 17.985 — Passing On The Farm Center.
Section 17.986 — Entry Into Farm Animal Facilities.
Section 17.9892 — Definitions.
Section 17.9893 — Certification Instrument.
Section 17.9894 — Certifying Agent License.
Section 17.9895 — Duties Of A Certifying Agent.
Section 17.9896 — Certification Procedures.