18J.01 DEFINITIONS. (a) The definitions in sections 18G.02, 18H.02, 18K.02, 27.01, 223.16, 231.01, and 232.21 apply to this chapter. (b) For purposes of this chapter, “associated rules” means rules adopted under this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232, or sections 21.80 to 21.92. History: 2003 c 128 art 6 s 1; […]
18J.02 DUTIES OF COMMISSIONER. The commissioner shall administer and enforce this chapter, chapters 18G, 18H, 18K, 27, 223, 231, and 232; sections 21.80 to 21.92; and associated rules. History: 2003 c 128 art 6 s 2; 2012 c 244 art 1 s 16; 1Sp2015 c 4 art 2 s 22
18J.03 CIVIL LIABILITY. A person regulated by this chapter, chapter 18G, 18H, 18K, 27, 223, 231, or 232, or sections 21.80 to 21.92, is civilly liable for any violation of one of those statutes or associated rules by the person’s employee or agent. History: 2003 c 128 art 6 s 3; 2012 c 244 art […]
18J.04 INSPECTION, SAMPLING, ANALYSIS. Subdivision 1. Access and entry. The commissioner, upon presentation of official department credentials, must be granted immediate access at reasonable times to sites where a person manufactures, distributes, uses, handles, disposes of, stores, or transports seeds, plants, grain, household goods, general merchandise, produce, or other living or nonliving products or other […]
18J.05 ENFORCEMENT. Subdivision 1. Enforcement required. (a) A violation of chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or an associated rule is a violation of this chapter. (b) Upon the request of the commissioner, county attorneys, sheriffs, and other officers having authority in the enforcement of the general criminal […]
18J.06 FALSE STATEMENT OR RECORD. A person must not knowingly make or offer a false statement, record, or other information as part of: (1) an application for registration, license, certification, or permit under chapter 18G, 18H, 18K, 27, 223, 231, or 232; sections 21.80 to 21.92; or associated rules; (2) records or reports required under […]
18J.07 ADMINISTRATIVE ACTION. Subdivision 1. Administrative remedies. The commissioner may seek to remedy violations by a written warning, administrative meeting, cease and desist, stop-use, stop-sale, removal, correction order, or an order, seizure, stipulation, or agreement, if the commissioner determines that the remedy is in the public interest. Subd. 2. Revocation and suspension. The commissioner may, […]
18J.08 APPEALS OF COMMISSIONER’S ORDERS. Subdivision 1. Notice of appeal. (a) After service of an order, a person has 45 days from receipt of the order to notify the commissioner in writing that the person intends to contest the order. (b) If the person fails to notify the commissioner that the person intends to contest […]
18J.09 CREDITING OF PENALTIES, FEES, AND COSTS. Penalties, cost reimbursements, fees, and other money collected under this chapter must be deposited into the state treasury and credited to the appropriate nursery and phytosanitary, industrial hemp, or seed account. History: 2003 c 128 art 6 s 9; 1Sp2015 c 4 art 2 s 35
18J.10 CIVIL PENALTIES. Subdivision 1. General penalty. Except as provided in subdivision 2, a person who violates this chapter or an order, standard, stipulation, agreement, or schedule of compliance of the commissioner is subject to a civil penalty of up to $7,500 per day of violation as determined by the court. Subd. 2. Defense to […]
18J.11 CRIMINAL PENALTIES. Subdivision 1. General violation. Except as provided in subdivisions 2, 3, and 4, a person is guilty of a misdemeanor if the person violates this chapter or an order, standard, stipulation, agreement, or schedule of compliance of the commissioner. Subd. 2. Violation endangering humans. A person is guilty of a gross misdemeanor […]
