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Minnesota Statutes Agriculture (Ch. 17-42) § 17.944. Review by commissioner

Current as of January 01, 2025 | Updated by Findlaw Staff

Subdivision 1. Agricultural contracts. For purposes of this section andsection 17.943, “agricultural contract” includes, where applicable, the cover sheet as defined insection 17.942, and material risk disclosure statement required bysection 17.91, subdivision 2.

Subd. 2. Process of review. A contractor may submit an agricultural contract to the commissioner for review as to whether it complies withsection 17.943. After reviewing the contract, the commissioner shall:

(1) certify that the contract complies withsection 17.943;

(2) decline to certify that the contract complies withsection 17.943and note objections;

(3) decline to review the contract because the contract's compliance withsection 17.943is subject to pending litigation; or

(4) decline to review the contract because the contract is not subject tosection 17.943.

Subd. 3. Factors in determining readability. In determining whether a contract or cover sheet is readable within the meaning ofsection 17.943, the commissioner shall consider at least the following factors:

(1) the simplicity of the sentence structure;

(2) the extent to which commonly used and understood words are employed;

(3) the extent to which esoteric legal terms are avoided;

(4) the extent to which references to other sections or provisions of the contract are minimized;

(5) the Flesch scale analysis readability score as outlined insection 72C.09;

(6) the extent to which clear definitions are used in the text of the contract; and

(7) additional factors relevant to the contract being easy to read and understand.

Subd. 4. Process not reviewable. Actions of the commissioner under subdivision 1 are not subject to chapter 14 and are not appealable.

Subd. 5. Limited effect of certification. A contract certified under subdivision 1 is deemed to comply withsection 17.943. Certification of a contract under subdivision 1 does not constitute an approval of the contract's legality or legal effect.

If the commissioner certifies a contract or fails to respond within 30 days of receipt of the contract, the contractor will have complied withsections 17.91and17.943, and the remedies stated in subdivisions 7 and 8 are not available.

Subd. 6. Review not required. Failure to submit a contract to the commissioner for review under subdivision 1 does not show a lack of good faith or raise a presumption that the contract violatessection 17.943.

Subd. 7. Enforcement remedies. A violation ofsection 17.943is a violation subject tosection 8.31, subdivision 1. The remedies insection 8.31, subdivisions 3and3a, are limited bysection 17.9441.

Subd. 8. Reformation. (a) In addition to the remedies provided insection 8.31, a court reviewing an agricultural contract may change the terms of the contract or limit a provision to avoid an unfair result if it finds that:

(1) a material provision of the contract violatessection 17.943;

(2) the violation caused the producer to be substantially confused about any of the rights, obligations, or remedies of the contract; and

(3) the violation has caused or is likely to cause financial detriment to the producer.

(b) If the court reforms or limits a provision of a contract, the court shall also make orders necessary to avoid unjust enrichment. Bringing a claim for relief under this subdivision does not entitle a producer to withhold performance of an otherwise valid contractual obligation. No relief may be granted under this subdivision unless the claim is brought before the obligations of the contract have been fully performed.

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Cite this article: FindLaw.com - Minnesota Statutes Agriculture (Ch. 17-42) § 17.944. Review by commissioner - last updated January 01, 2025 | https://codes.findlaw.com/mn/agriculture-ch-17-42/mn-st-sect-17-944/

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