Terms Used In Minnesota Statutes > Chapter 32D - Dairy Law

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Adulterated: means an item is covered by section 34A. See Minnesota Statutes 32D.01
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agricultural use: means the production of livestock, dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural or nursery stock, fruit, vegetables, forage, grains, timber, trees, or bees and apiary products. See Minnesota Statutes 40A.02
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Association: means a group of two or more persons, who are not all members of an immediate family, acting in concert. See Minnesota Statutes 10A.01
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the state Campaign Finance and Public Disclosure Board. See Minnesota Statutes 10A.01
• Board: means the Board of Water and Soil Resources. See Minnesota Statutes 40A.02
• Candidate: means an individual who seeks nomination or election as a state constitutional officer, legislator, or judge. See Minnesota Statutes 10A.01
• Chair: includes chairman, chairwoman, and chairperson. See Minnesota Statutes 645.44
• Cheese: includes all varieties of cheese, cheese spreads, cheese foods, cheese compounds, or processed cheese made or manufactured in whole or in part from milk. See Minnesota Statutes 32D.01
• Commissioner: means the commissioner of agriculture. See Minnesota Statutes 32D.01
• Commissioner: means the commissioner of agriculture. See Minnesota Statutes 40A.02
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
• Conservation easement: means a nonpossessory interest of a holder in real property imposing limitations or affirmative obligations the purposes of which include retaining or protecting natural, scenic, or open-space values of real property, assuring its availability for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property. See Minnesota Statutes 84C.01
• Consignee: means a person named in a bill of lading to which or to whose order the bill promises delivery. See Minnesota Statutes 336.7-102
• Consignor: means a person named in a bill of lading as the person from which the goods have been received for shipment. See Minnesota Statutes 336.7-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Contribution: includes a loan or advance of credit to a political committee, political fund, principal campaign committee, local candidate, or party unit, if the loan or advance of credit is: (1) forgiven; or (2) repaid by an individual or an association other than the political committee, political fund, principal campaign committee, local candidate, or party unit to which the loan or advance of credit was made. See Minnesota Statutes 10A.01
• controls: has the meaning given in section 394. See Minnesota Statutes 40A.02
• court administrator: means the court administrator of the court in which the action or proceeding is pending, and "court administrator's office" means that court administrator's office. See Minnesota Statutes 645.44
• Crop equivalent rating: means a rating that reflects the net economic return per acre of soil when managed for cultivated crops, permanent pasture, or forest, whichever provides the highest net return. See Minnesota Statutes 40A.02
• Dairy farm: means a place or premises where one or more lactating animals, including cows, goats, sheep, water buffalo, camels, or other hoofed mammals, are kept, and from which all or a portion of the milk produced at the place or premises is delivered, sold, or offered for sale. See Minnesota Statutes 32D.01
• Dairy plant: means any place where a dairy product is manufactured, processed, or handled and includes milk-receiving stations, creameries, cheese factories, condenseries, milk plants, transfer stations, and marketing organizations that purchase milk and cream directly from producers for resale and other establishments, as those terms are used in this chapter and chapters 17, 27, and 31; but does not include any place where dairy products are not processed but sold at wholesale or retail only. See Minnesota Statutes 32D.01
• Dairy product: means milk as defined by Code of Federal Regulations, title 21, cream, any product or by-product of either, or any commodity among the principal constituents or ingredients of which is one or a combination of two or more of them, as determined by standards, grades, or rules adopted by the commissioner. See Minnesota Statutes 32D.01
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Department: means the Department of Agriculture. See Minnesota Statutes 40A.02
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Designee: means any person designated by a responsible authority to be in charge of individual files or systems containing government data and to receive and comply with requests for government data. See Minnesota Statutes 13.02
• Development: means the subdivision and partitioning of land or the construction of residences on land or the conversion to competing land uses. See Minnesota Statutes 40A.02
• Devise: To gift property by will.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• District: means a soil and water conservation district. See Minnesota Statutes 40A.02
• Donor: The person who makes a gift.
• Election: means a primary, special primary, general, or special election. See Minnesota Statutes 10A.01
• Election cycle: means the period from January 1 following a general election for an office to December 31 following the next general election for that office, except that "election cycle" for a special election means the period from the date the special election writ is issued to 15 days after the special election is held. See Minnesota Statutes 10A.01
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• estimated market value: has the meaning given in section 273. See Minnesota Statutes 645.44
• Executor: A male person named in a will to carry out the decedent
• expenditure: includes the dollar value of a donation in kind. See Minnesota Statutes 10A.01
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fluid milk products: means yogurt, cream, sour cream, half and half, reconstituted half and half, concentrated milk, concentrated milk products, skim milk, nonfat milk, chocolate flavored milk, chocolate flavored dairy drink, chocolate flavored reconstituted milk, chocolate flavored reconstituted dairy drink, buttermilk, cultured buttermilk, cultured milk, vitamin D milk, reconstituted or recombined milk, reconstituted cream, reconstituted skim milk, homogenized milk, and any other fluid milk product made by the addition of any substance to milk or to any of the fluid milk products enumerated under this subdivision or by rule adopted by the commissioner. See Minnesota Statutes 32D.01
• Forest land: means land that is at least ten percent stocked by trees of any size and capable of producing timber, or of exerting an influence on the climate or on the water regime; land that the trees described above have been removed from to less than ten percent stocking and that has not been developed for other use; and afforested areas. See Minnesota Statutes 40A.02
• Fraud: Intentional deception resulting in injury to another.
• Goat milk: means a whole, fresh, clean lacteal secretion free from colostrum, obtained by the complete milking of one or more healthy goats. See Minnesota Statutes 32D.01
• Government entity: means a state agency, statewide system, or political subdivision. See Minnesota Statutes 13.02
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Holder: means :

  (i) a governmental body empowered to hold an interest in real property under the laws of this state or the United States; or

  (ii) a charitable corporation, charitable association, or charitable trust, the purposes or powers of which include retaining or protecting the natural, scenic, or open-space values of real property, assuring the availability of real property for agricultural, forest, recreational, or open-space use, protecting natural resources, maintaining or enhancing air or water quality, or preserving the historical, architectural, archaeological, or cultural aspects of real property. See Minnesota Statutes 84C.01

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Lobbyist: means an individual:

  (1) engaged for pay or other consideration of more than $3,000 from all sources in any year:

  (i) for the purpose of attempting to influence legislative or administrative action, or the official action of a political subdivision, by communicating or urging others to communicate with public or local officials; or

  (ii) from a business whose primary source of revenue is derived from facilitating government relations or government affairs services if the individual's job duties include offering direct or indirect consulting or advice that helps the business provide those services to clients; or

  (2) who spends more than $3,000 of the individual's personal funds, not including the individual's own traveling expenses and membership dues, in any year for the purpose of attempting to influence legislative or administrative action, or the official action of a political subdivision, by communicating or urging others to communicate with public or local officials. See Minnesota Statutes 10A.01

• Major political party: means a major political party as defined in section 200. See Minnesota Statutes 10A.01
• Metropolitan area: has the meaning given in section 473. See Minnesota Statutes 40A.02
• Milk: means the normal lacteal secretion, practically free of colostrum, obtained by the milking of one or more healthy hoofed mammals. See Minnesota Statutes 32D.01
• Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
• Minor political party: means a minor political party as defined in section 200. See Minnesota Statutes 10A.01
• Minority: means with respect to an individual the period of time during which the individual is a minor. See Minnesota Statutes 645.451
• misbranding: means an item is covered by section 34A. See Minnesota Statutes 32D.01
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Municipality: means a statutory or home rule charter city or town. See Minnesota Statutes 40A.02
• Oath: includes "affirmation" in all cases where by law an affirmation may be substituted for an oath; and in like cases "swear" includes "affirm" and "sworn" "affirmed. See Minnesota Statutes 645.44
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: means an individual, an association, a political subdivision, or a public higher education system. See Minnesota Statutes 10A.01
• Person: means any individual, partnership, corporation, association, business trust, or a legal representative of an organization. See Minnesota Statutes 13.02
• Personal property: All property that is not real property.
• Political party: means a major political party or a minor political party. See Minnesota Statutes 10A.01
• preserve: means a preserve created under this chapter. See Minnesota Statutes 40A.02
• Principal: means an individual or association that:

  (1) spends more than $500 in the aggregate in any calendar year to engage a lobbyist, compensate a lobbyist, or authorize the expenditure of money by a lobbyist; or

  (2) is not included in clause (1) and spends a total of at least $50,000 in any calendar year on efforts to influence legislative action, administrative action, or the official action of metropolitan governmental units, as described in section 10A. See Minnesota Statutes 10A.01

• Principal campaign committee: means a principal campaign committee formed under section 10A. See Minnesota Statutes 10A.01
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public waters: means public waters as defined in section 103G. See Minnesota Statutes 645.44
• rBGH: means a growth hormone intended for use in bovine animals that has been produced through recombinant DNA techniques, described alternately as recombinant bovine somatotropin or rBST. See Minnesota Statutes 32D.01
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Soil survey: means the comprehensive inventory and classification of soil types being conducted by the Minnesota Cooperative Soil Survey. See Minnesota Statutes 40A.02
• State agency: means the state, the University of Minnesota, and any office, officer, department, division, bureau, board, commission, authority, district or agency of the state. See Minnesota Statutes 13.02
• State committee: means the organization that, by virtue of the bylaws of a political party, is responsible for the day-to-day operation of the political party at the state level. See Minnesota Statutes 10A.01
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Summary data: means statistical records and reports derived from data on individuals but in which individuals are not identified and from which neither their identities nor any other characteristic that could uniquely identify an individual is ascertainable. See Minnesota Statutes 13.02
• Third-party right of enforcement: means a right provided in a conservation easement to enforce any of its terms granted to a governmental body, charitable corporation, charitable association, or charitable trust, which, although eligible to be a holder, is not a holder. See Minnesota Statutes 84C.01
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on ^{Source: OCC}
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Violate: includes failure to comply with. See Minnesota Statutes 645.44
• Wetlands: means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. See Minnesota Statutes 645.44
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.