Listed below is a summary of Minnesota Statutes, 18C.531 to 18C.575 and Minnesota Rules, Chapter 1508. Each applies to ag lime materials.
Licensing
- License Required: Licensing is required for the distribution, disposal of, offering for sale, or selling of Agricultural Liming Material (ALM) in Minnesota.
- Effective Period of License: The license is in effect from January 1 through December 31.
- License Application Fee & Late Filing Penalty:
- License Application Fee: An annual, nonrefundable license fee of $150 is assessed, except when distributors or producers that distribute Industrial/Municipal by-product ag lime at no charge except for a fair and reasonable transportation charge.
- Initial License Penalty: An applicant shall pay an additional license application fee equal to the amount due for each license required (i.e. $150) if the applicant has distributed or used products in this state before the Minnesota Department of Agriculture has issued an initial license for the ag lime distributed or used.
- Renewal License Late Filing Penalty: A renewal license application must be submitted (postmarked) to MDA no later than December 31. A late fee of 50% of the license fee or $75 is added to renewal license applications postmarked after December 31. The late filing penalty is not required when distributors or producers that distribute Industrial/Municipal by-product ag lime at no charge, except for a fair and reasonable transportation charge.
Tonnage Reporting
- Tonnage Reporting Required: Licensed distributors and producers are required to report ag lime tonnage distributed twice per year, with the first report postmarked no later than July 31 and second report postmarked no later than January 31 of the next year.
- Inspection Fee & Late Filing Penalty
- Inspection Fee & Late Filing Penalty:
- Inspection Fee: The inspection fee is five (5) cents per ton. Payment of the inspection fee is the responsibility of the firm who first sells or imports the ALM in Minnesota. The inspection fee is not required when distributors or producers that distribute Industrial/Municipal by-product ag lime at no charge, except for a fair and reasonable transportation charge.
- Late Filing Penalty: A $50 late fee is assessed for late tonnage reports, with first report postmarked after July 31 and second report; postmarked after January 31 of the next year.
Sampling and Analyzing
Producers must sample/analyze each ag lime product at least once per year. This requirement also applies when two or more ag lime products are blended together. The resulting analysis must determine the minimum pounds of Effective Neutralizing Power per ton (Min. Lbs. ENP/Ton). The Min. Lbs. ENP/Ton is the highest number that a distributor or producer can list on a distribution label. Samples are taken from sources of production.
A fee of $40 is assessed for each sample collected. Exempt and non-exempt producers are required to pay the sampling/analysis fee. Sampling will be done at least once per year. A $20 per sample/analysis late payment fee is assessed for invoices not paid before 60 days after billing.
An annual ALM quality analysis report issued once per year. It lists the ALM samples collected and analyzed from all the producers licensed with MDA.
ALM Label Requirements
Distributors and producers are required to list the following information on the distribution label (i.e. billing, delivery invoice or scale ticket):
- Distributor or producer name, address, quarry or stockpile location;
- Customer's name-address;
- Type of ag lime (i.e. quarry, industrial or municipal by-product, pelleted);
- Min. Lbs. ENP/Ton";
- Weight or cubic yards distributed. When cubic yards is listed the weight per cubic yard must be listed.
- Charge for the material – only required for by-product ag lime.
Misbranding and Adulteration Prohibited:
- Misbranding: False or misleading claims/statements on container, label, or in any manner or by any means.
- Adulteration: Contains harmful ingredients, composition falls below labeled levels, or contains unwanted crop/weed seed.
