Section 17.983 — Administrative Penalties And Enforcement.
17.983 ADMINISTRATIVE PENALTIES AND ENFORCEMENT. Subdivision 1. Administrative penalties; citation. If a person has violated a provision of chapter 25, 31B, or 32D, the commissioner may issue a written citation to the person by personal service or by certified mail. The citation must describe the nature of the violation and the statute or rule alleged […]
Section 17.984 — Investigation.
17.984 INVESTIGATION. Subdivision 1. Authority. To carry out the commissioner’s enforcement duties under chapter 32D, the commissioner may, upon presenting appropriate credentials, during regular working hours and at other reasonable times, inspect premises subject to the commissioner’s enforcement and licensing authority for reasons related to the commissioner’s enforcement and licensing authority; request information from persons […]
Section 17.93 — Parent Company Responsibility For Contracts Of Subsidiaries.
17.93 PARENT COMPANY RESPONSIBILITY FOR CONTRACTS OF SUBSIDIARIES. Subdivision 1. Licensing. If a contractor is required to obtain a license to purchase agricultural commodities, the licensing authority may require the parent company of a licensee subsidiary to guarantee payment or contract performance as a condition of licensing. Subd. 2. Parent company liability. If an agricultural […]
Section 17.94 — Implied Promise Of Good Faith.
17.94 IMPLIED PROMISE OF GOOD FAITH. There is an implied promise of good faith as defined in section 336.1-201(b)(20), by all parties in all agricultural contracts. In an action to recover damages, if the court finds that there has been a violation of this provision, damages, court costs, and attorney fees may be recovered. History: […]
Section 17.941 — Producer’s Right To Cancel.
17.941 PRODUCER’S RIGHT TO CANCEL. A producer may cancel an agricultural contract by mailing a written cancellation notice to the contractor within three business days after the producer receives a copy of the signed contract, or before a later cancellation deadline if a later deadline is specified in the contract. The producer’s right to cancel, […]
Section 17.942 — Cover Sheet Requirements.
17.942 COVER SHEET REQUIREMENTS. Subdivision 1. Mandatory cover page. An agricultural contract entered into or substantively amended after January 1, 2001, must contain as the first page, or first page of text if it is preceded by a title page or pages, a cover sheet as provided in this section. Subd. 2. Requirements. The cover […]
Section 17.943 — Contract Format.
17.943 CONTRACT FORMAT. Subdivision 1. Readability. An agricultural contract must be in legible type, appropriately divided and captioned by its various sections, and written in clear and coherent language using words and grammar that are understandable by a person of average intelligence, education, and experience within the industry. Subd. 2. Exceptions. Subdivision 1 does not […]
Section 17.944 — Review By Commissioner.
17.944 REVIEW BY COMMISSIONER. Subdivision 1. Agricultural contracts. For purposes of this section and section 17.943, “agricultural contract” includes, where applicable, the cover sheet as defined in section 17.942, and material risk disclosure statement required by section 17.91, subdivision 2. Subd. 2. Process of review. A contractor may submit an agricultural contract to the commissioner […]
Section 17.9441 — Limits On Remedies.
17.9441 LIMITS ON REMEDIES. Subdivision 1. Penalties. In a proceeding in which civil penalties are claimed from a party for a violation of section 17.943, it is a defense to the claim that the party made a good faith and reasonable effort to comply with section 17.943. Subd. 2. Attorney’s fees. A party who has […]
Section 17.9442 — Applicability Of Contract Requirements.
17.9442 APPLICABILITY OF CONTRACT REQUIREMENTS. The requirements for the written disclosure of material risks under section 17.91, subdivision 2; the three-day review period under section 17.941; the cover sheet requirement under section 17.942; and the contract readability requirements under section 17.943, subdivision 1, do not apply to contracts which provide for: (1) the sale and […]