(a) Any producer, except a producer of potatoes in area number one, as listed in section 17.54, subdivision 9, a producer of wheat or barley, a producer of canola, or a producer of cultivated wild rice, may, by the use of forms to be provided by the commissioner and upon presentation of such proof as the commissioner requires, have the checkoff fee paid pursuant to sections 17.51 to 17.69 fully or partially refunded, provided the checkoff fee was remitted on a timely basis. The request for refund must be received in the office of the commissioner within the time specified in the promotion order following the payment of the checkoff fee. In no event shall these requests for refund be accepted more often than 12 times per year. Refund shall be made by the commissioner and council within 30 days of the request for refund provided that the checkoff fee sought to be refunded has been received. Rules governing the refund of checkoff fees for all commodities shall be formulated by the commissioner, shall be fully outlined in the promotion order, and shall be available for the information of all producers concerned with the referendum.
(b) The commissioner must allow partial refund requests from corn producers who have checked off and must allow for assignment of payment to the Minnesota Corn Growers Association if the Minnesota Corn Research and Promotion Council requests such action by the commissioner.
(c) The Minnesota Corn Research and Promotion Council shall not elect to impose membership on any individual producer not requesting a partial refund or assignment of payment to the association.
(d) For any wheat, barley, or cultivated wild rice for which the checkoff fee must be paid pursuant to sections 17.51 to 17.69 and for which a checkoff fee or fee that serves a comparable purpose in a jurisdiction outside Minnesota had been previously paid for the same wheat, barley, or cultivated wild rice, the producer of the wheat, barley, or cultivated wild rice is exempt from payment of the checkoff fee. The commissioner, in consultation with the Wheat Research and Promotion Council, Barley Research and Promotion Council, and Cultivated Wild Rice Research and Promotion Council, shall determine jurisdictions outside of Minnesota which collect a checkoff fee or fee that serves a comparable purpose. In order to qualify for the exemption, the producer must demonstrate to the first purchaser that a checkoff fee or fee has been paid to such a jurisdiction.
1969 c 1021 s 13; 1976 c 149 s 62 subd 2; 1982 c 582 s 11; 1986 c 444; 1990 c 477 s 1; 1991 c 191 s 1; 1992 c 513 art 2 s 14; 1994 c 452 s 4; 1Sp2001 c 2 s 30; 2014 c 181 s 4
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.