SF 2060

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 04/23/2014 08:34am

A bill for an act
relating to food safety; providing a definition of farmers' market; permitting
food product sampling and demonstration in certain circumstances; providing
a licensing exemption for a chili or soup cook-off event; amending Minnesota
Statutes 2012, sections 157.15, subdivision 13; 157.22; proposing coding for new
law in Minnesota Statutes, chapter 28A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [28A.151] FARMERS' MARKET OR COMMUNITY EVENT; FOOD
PRODUCT SAMPLING AND DEMONSTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Farmers' market" means an association of three or more persons who assemble
at a defined location that is open to the public for the purpose of selling directly to the
consumer the products of a farm or garden occupied and cultivated by the person selling
the product.
new text end

new text begin (c) "Food product sampling" means distributing to individuals at a farmers' market
or community event, for promotional or educational purposes, small portions of a food
item that include as a main ingredient a product sold by the vendor at the farmers' market
or community event. For purposes of this subdivision, "small portion" means a portion
that is no more than three ounces of food or beverage.
new text end

new text begin (d) "Food product demonstration" means cooking or preparing food products to
distribute to individuals at a farmers' market or community event for promotional or
educational purposes.
new text end

new text begin Subd. 2. new text end

new text begin Food sampling and demonstration. new text end

new text begin The licensing provisions of sections
28A.01 to 28A.16 shall not apply to persons engaged in food product sampling or food
product demonstrations.
new text end

new text begin Subd. 3. new text end

new text begin Food required to be provided at no cost. new text end

new text begin Food provided through food
product sampling or food product demonstrations must be provided at no cost to the
individual.
new text end

new text begin Subd. 4. new text end

new text begin Regulatory authority oversight. new text end

new text begin Any person conducting food product
sampling or food product demonstrations shall provide to the regulatory authority upon
request the following information related to the food product sampling or food product
demonstration conducted by the person:
new text end

new text begin (1) the source of the food used in the sampling or demonstration and whether or not
the food was produced at the person's farm or garden;
new text end

new text begin (2) the type and volume of food to be served, held, prepared, packaged, or otherwise
provided for human consumption;
new text end

new text begin (3) the equipment used to serve, hold, prepare, package, or otherwise provide food
for human consumption;
new text end

new text begin (4) the time period and location of the food product sampling or food product
demonstration;
new text end

new text begin (5) the availability of facilities for hand washing by persons conducting the food
product sampling or food product demonstrations;
new text end

new text begin (6) information on facilities available for ware washing of multiuse utensils and
equipment;
new text end

new text begin (7) the available source of water; and
new text end

new text begin (8) methods of liquid and solid waste disposal.
new text end

new text begin Subd. 5. new text end

new text begin Food safety and equipment standards. new text end

new text begin Any person conducting food
product sampling or food product demonstrations shall meet the same food safety and
equipment standards that are required of a special event food stand in Minnesota Rules,
parts 4626.1855, items B to O, Q, and R; and 4626.0330.
new text end

new text begin Subd. 6. new text end

new text begin Definition exception. new text end

new text begin The definition of farmers' market in subdivision
1, paragraph (b), does not prohibit a farmers' market association from establishing a
definition of farmers' market that applies to its membership that is more restrictive than
the definition in subdivision 1, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2012, section 157.15, subdivision 13, is amended to read:

Subd. 13.

Seasonal temporary food stand.

new text begin (a) new text end "Seasonal temporary food
stand" means a food and beverage service establishment that is a food stand which is
disassembled and moved from location to location, but which operates new text begin for new text end no more than
21 days annually at any one location new text begin , except as provided in paragraph (b) new text end .

new text begin (b) A seasonal temporary food stand may operate for more than 21 days annually at
any one place with the approval of the regulatory authority, as defined in Minnesota Rules,
part 4626.0020, subpart 70, that has jurisdiction over the seasonal temporary food stand.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2012, section 157.22, is amended to read:

157.22 EXEMPTIONS.

This chapter does not apply to:

(1) interstate carriers under the supervision of the United States Department of
Health and Human Services;

(2) weddings, fellowship meals, or funerals conducted by a faith-based organization
using any building constructed and primarily used for religious worship or education;

(3) any building owned, operated, and used by a college or university in accordance
with health regulations promulgated by the college or university under chapter 14;

(4) any person, firm, or corporation whose principal mode of business is licensed
under sections 28A.04 and 28A.05, is exempt at that premises from licensure as a food
or beverage establishment; provided that the holding of any license pursuant to sections
28A.04 and 28A.05 shall not exempt any person, firm, or corporation from the applicable
provisions of this chapter or the rules of the state commissioner of health relating to
food and beverage service establishments;

(5) family day care homes and group family day care homes governed by sections
245A.01 to 245A.16;

(6) nonprofit senior citizen centers for the sale of home-baked goods;

(7) fraternal, sportsman, or patriotic organizations that are tax exempt under section
501(c)(3), 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal
Revenue Code of 1986, or organizations related to, affiliated with, or supported by such
fraternal, sportsman, or patriotic organizations for events held in the building or on the
grounds of the organization and at which home-prepared food is donated by organization
members for sale at the events, provided:

(i) the event is not a circus, carnival, or fair;

(ii) the organization controls the admission of persons to the event, the event agenda,
or both; and

(iii) the organization's licensed kitchen is not used in any manner for the event;

(8) food not prepared at an establishment and brought in by individuals attending a
potluck event for consumption at the potluck event. An organization sponsoring a potluck
event under this clause may advertise the potluck event to the public through any means.
Individuals who are not members of an organization sponsoring a potluck event under this
clause may attend the potluck event and consume the food at the event. Licensed food
establishments other than schools cannot be sponsors of potluck events. A school may
sponsor and hold potluck events in areas of the school other than the school's kitchen,
provided that the school's kitchen is not used in any manner for the potluck event. For
purposes of this clause, "school" means a public school as defined in section 120A.05,
subdivisions 9, 11, 13, and 17, or a nonpublic school, church, or religious organization
at which a child is provided with instruction in compliance with sections 120A.22 and
120A.24. Potluck event food shall not be brought into a licensed food establishment
kitchen;

(9) a home school in which a child is provided instruction at home;

(10) school concession stands serving commercially prepared, nonpotentially
hazardous foods, as defined in Minnesota Rules, chapter 4626;

(11) group residential facilities of ten or fewer beds licensed by the commissioner of
human services under Minnesota Rules, chapter 2960, provided the facility employs or
contracts with a certified food manager under Minnesota Rules, part 4626.2015;

(12) food served at fund-raisers or community events conducted in the building or
on the grounds of a faith-based organization, provided that a certified food manager, or a
volunteer trained in a food safety course, trains the food preparation workers in safe
food handling practices. This exemption does not apply to faith-based organizations at
the state agricultural society or county fairs or to faith-based organizations that choose to
apply for a license; deleted text begin and
deleted text end

(13) food service events conducted following a disaster for purposes of feeding
disaster relief staff and volunteers serving commercially prepared, nonpotentially
hazardous foods, as defined in Minnesota Rules, chapter 4626 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (14) chili or soup served at a chili or soup cook-off fund-raiser conducted by a
community-based nonprofit organization, provided:
new text end

new text begin (i) the municipality where the event is located approves the event;
new text end

new text begin (ii) the sponsoring organization must develop food safety rules and ensure that
participants follow these rules; and
new text end

new text begin (iii) if the food is not prepared in a kitchen that is licensed or inspected, a visible
sign or placard must be posted that states: "These products are homemade and not subject
to state inspection."
new text end

new text begin Foods exempt under this clause must be labeled to accurately reflect the name and
address of the person preparing the foods.
new text end