I. AUTHORITY

This MOU is entered into in accordance with Minnesota Statute 31.94 subd (d) (3-5) which outline statutory duties of the Commissioner of Agriculture to direct programs of the department to work toward the promotion of organic agriculture in Minnesota, to inform agencies of how state or federal programs could utilize and support organic agriculture, and to work with appropriate organizations to identify opportunities and needs as well as ensure coordination and avoid duplication of state agency efforts regarding research, teaching and extension work relating to organic agriculture; as well as in accordance with the Soil Conservation and Domestic Allotment Act, as amended (Public Law 74-46, 49 Stat. 163, U.S.C. 590a-f); which established the Soil Conservation Service to conserve soil and water nationwide by providing technical assistance to farmers and ranchers among other things.

II. BACKGROUND

A. Organic Sector Growth and Development

Organic agriculture is experiencing a significant growth from both farmers and consumers. The USDA and trade groups have tracked organic sales growth at nearly 19 percent per year since 2000. Land in certified organic production has more than doubled in Minnesota since 1997, and as of 2008, the Minnesota Department of Agriculture estimates that 560 certified organic farms are in operation in Minnesota, along with 171 certified organic handling operations.

Through ecologically-based farming methods that emphasize soil and livestock health, farmers are producing food and other products for which a growing number of consumers will pay more. Preserving the identity of organically grown foods and agricultural products through processing and handling is crucial, and creates opportunities for new on-farm, rural, and tribal business enterprises in Minnesota to sell to local, regional, national and international buyers. It is the intention of the MOU Partner organizations to undertake complementary
efforts that will help Minnesota farmers, Minnesota-based business enterprises, and Minnesota consumers make the most of the opportunities presented by this rapidly growing sector.

B. MOU Partner Organizations

A state, federal, or tribal agency or publicly-funded institution of higher learning may join this MOU as a Partner at any time by submitting a signed and dated joining statement to the Minnesota Commissioner of Agriculture. The statement must describe the organization’s interest in joining the MOU and include one
or more examples of how the organization anticipates fulfilling the responsibilities set forth in section IV.

The Minnesota Department of Agriculture will provide the MOU document and maintain a current list of Partners on its web site at www.mda.state.mn.us

C. Areas of Need

Opportunities for cooperative organic agriculture efforts among Partners exist in a number of areas cited in a 2006 report to the Minnesota Legislature entitled The Status of Organic Agriculture in Minnesota. These areas include:

1. education and information,
2. marketing and promotion,
3. business development,
4. regulatory support,
5. technical and financial assistance,
6. policy and program support, and
7. research.

III. PURPOSE

The purpose of this MOU is to establish a framework for cooperation among Partner organizations and agencies on organic program activities that involve the conservation of natural resources, expansion of economic opportunity, and enhancement of consumer choice specifically related to products grown and
processed organically in Minnesota.

IV. RESPONSIBILITIES

A. The Partners agree to work collaboratively to provide assistance to organic producers, processors/handlers, and buyers/consumers in the State of Minnesota as follows:

1. To support time and efforts of staff in organic professional development, service delivery, and outreach efforts, both on behalf of the Partner itself and in collaboration with other MOU Partners.

2. To formally notify all employees about the organization’s status as an MOU Partner.

3. To prominently acknowledge the organization’s status as an Organic MOU Partner on its organizational web site.

4. To encourage and support organic research, demonstrations, and field days to showcase production practices, conservation measures, economic performance, and other considerations related to organic production.

5. To support an annual Minnesota Organic Conference by providing funds, speakers, and/or other resources, and to encourage selected staff to attend the conference for professional development.

6. To share information about organic conferences, newsletters, and training opportunities.

7. To appoint and empower one staff person to participate in MOU-related discussions and decisionmaking on behalf of the Partner and attend an annual meeting of Partner organizations.

8. To contribute a summary of the Partner’s MOU-related activities and other topical content, as appropriate to the Partner’s technical expertise, for inclusion in the Status of Organic Agriculture in Minnesota report to the Minnesota Legislature, which is compiled by the Minnesota Department of Agriculture on a biennial basis.

B. It is understood by the Partners that:

1. This MOU is neither a fiscal nor funds obligating document. Any endeavor by any party that involves the reimbursement, contribution of funds, and transfer of anything of value between or among the parties will be handled in accordance with applicable laws, regulations, and procedures. Such endeavors shall be outlined in separate agreements; shall be made in writing by authorized representatives; and shall comport with appropriate statutory authority. This MOU does not provide such authority.

2. This MOU in no way restricts any party from participating in similar activities with other public or private agencies, or organizations, and individuals.

3. Each party agrees it will be responsible for its own acts and results thereof and shall not be responsible for the acts of the other parties and the results thereof. Each party therefore agrees that it will assume all risk and liability to itself, its agents or employees, for any injury to persons or property resulting in any manner from the conduct of its own operations, and the operations of its agents or employees, under this MOU, and for any loss, cost, damage, or expense resulting at any time from failure to exercise proper precautions, of or by itself or its own agents or its own employees, while occupying or visiting the projects under and pursuant to this MOU. The Federal Government’s liability shall be governed by the provisions of the Federal Tort Claims Act (28 U.S.C. 2671-80), and the State’s by the Minnesota Tort Claims Act (Minnesota Statute §3.736).

V. DURATION

This MOU shall become effective upon the date of signature and continue in effect until April 30, 2013 or until modified or terminated. This MOU may be modified or amended upon written consent of all Partners. Any party may terminate its commitment to the MOU with 30-day written notice to all other
parties.

VI. PROVISIONS

A. All activities and programs conducted under this MOU shall be administered in accordance with the requirements of title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, the Department of Justice (DOJ) regulations enforcing nondiscrimination requirements, and departmental rules and regulations. Compliance ensures access to all aspects of program delivery of benefits and services to the public without regards to their race, color, national origin, religion, sex, age, disability, marital status, familial status, parental status, sexual orientation, or because all or part of an individual’s income is
derived from any public assistance program.

B. All activities conducted under this MOU shall be in compliance with the Drug-Free Workplace Act of 1988 (Public Law 100-690, Title V, Subtitle D).

Accepted at Saint Paul, Minnesota on May 28, 2008 by the following:*

Gene Hugoson, Commissioner, for Minnesota Department of Agriculture

Mark Holsten, Commissioner, for Minnesota Department of Natural Resources

Brad Moore, Commissioner, for Minnesota Pollution Control Agency

Perry Aasness, State Executive Director, for USDA – Farm Service Agency (Minnesota)

John Beckwith, Acting State Conservationist, for USDA – Natural Resources Conservation Service (Minnesota)

Duane Voy, Deputy Director, for USDA – Risk Management Agency (Minnesota)

Steve Wenzel, State Director, for USDA – Rural Development – (Minnesota)

Al Levine, Dean, for University of Minnesota College of Food, Agricultural, and Natural Resource Sciences

Bev Durgan, Dean, for University of Minnesota Extension

Bev Durgan, Director, for University of Minnesota Agricultural Experiment Station

*Signed document on file