SF 2060

1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 04/10/2014 09:06am

1.1A bill for an act

1.2relating to food safety; providing a definition of farmers' market; permitting
1.3food product sampling and demonstration in certain circumstances; providing
1.4a licensing exemption for a chili or soup cook-off event;amending Minnesota
1.5Statutes 2012, sections 157.15, subdivision 13; 157.22; proposing coding for new
1.6law in Minnesota Statutes, chapter 28A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. [28A.151] FARMERS' MARKET OR COMMUNITY EVENT; FOOD
1.9PRODUCT SAMPLING AND DEMONSTRATION.
1.10    Subdivision 1. Definitions. (a) For purposes of this section, the following terms
1.11have the meanings given them.
1.12(b) "Farmers' market" means an association of three or more persons who assemble
1.13at a defined location that is open to the public for the purpose of selling directly to the
1.14consumer the products of a farm or garden occupied and cultivated by the person selling
1.15the product.
1.16(c) "Food product sampling" means distributing to individuals at a farmers' market
1.17or community event, for promotional or educational purposes, small portions of a food
1.18item that include as a main ingredient a product sold by the vendor at the farmers' market
1.19or community event. For purposes of this subdivision, "small portion" means a portion
1.20that is no more than three ounces of food or beverage.
1.21(d) "Food product demonstration" means cooking or preparing food products to
1.22distribute to individuals at a farmers' market or community event for promotional or
1.23educational purposes.
2.1    Subd. 2. Food sampling and demonstration. The licensing provisions of sections
2.228A.01 to 28A.16 shall not apply to persons engaged in food product sampling or food
2.3product demonstrations.
2.4    Subd. 3. Food required to be provided at no cost. Food provided through food
2.5product sampling or food product demonstrations must be provided at no cost to the
2.6individual.
2.7    Subd. 4. Regulatory authority oversight. Any person conducting food product
2.8sampling or food product demonstrations shall provide to the regulatory authority upon
2.9request the following information related to the food product sampling or food product
2.10demonstration conducted by the person:
2.11(1) the source of the food used in the sampling or demonstration and whether or not
2.12the food was produced at the person's farm or garden;
2.13(2) the type and volume of food to be served, held, prepared, packaged, or otherwise
2.14provided for human consumption;
2.15(3) the equipment used to serve, hold, prepare, package, or otherwise provide food
2.16for human consumption;
2.17(4) the time period and location of the food product sampling or food product
2.18demonstration;
2.19(5) the availability of facilities for hand washing by persons conducting the food
2.20product sampling or food product demonstrations;
2.21(6) information on facilities available for ware washing of multiuse utensils and
2.22equipment;
2.23(7) the available source of water; and
2.24(8) methods of liquid and solid waste disposal.
2.25    Subd. 5. Food safety and equipment standards. Any person conducting food
2.26product sampling or food product demonstrations shall meet the same food safety and
2.27equipment standards that are required of a special event food stand in Minnesota Rules,
2.28parts 4626.1855, items B to O, Q, and R; and 4626.0330.
2.29    Subd. 6. Definition exception. The definition of farmers' market in subdivision
2.301, paragraph (b), does not prohibit a farmers' market association from establishing a
2.31definition of farmers' market that applies to its membership that is more restrictive than
2.32the definition in subdivision 1, paragraph (b).
2.33EFFECTIVE DATE.This section is effective the day following final enactment.

2.34    Sec. 2. Minnesota Statutes 2012, section 157.15, subdivision 13, is amended to read:
3.1    Subd. 13. Seasonal temporary food stand. (a) "Seasonal temporary food
3.2stand" means a food and beverage service establishment that is a food stand which is
3.3disassembled and moved from location to location, but which operates for no more than
3.421 days annually at any one location, except as provided in paragraph (b).
3.5(b) A seasonal temporary food stand may operate for more than 21 days annually at
3.6any one place with the approval of the regulatory authority, as defined in Minnesota Rules,
3.7part 4626.0020, subpart 70, that has jurisdiction over the seasonal temporary food stand.
3.8EFFECTIVE DATE.This section is effective the day following final enactment.

3.9    Sec. 3. Minnesota Statutes 2012, section 157.22, is amended to read:
3.10157.22 EXEMPTIONS.
3.11This chapter does not apply to:
3.12(1) interstate carriers under the supervision of the United States Department of
3.13Health and Human Services;
3.14(2) weddings, fellowship meals, or funerals conducted by a faith-based organization
3.15using any building constructed and primarily used for religious worship or education;
3.16(3) any building owned, operated, and used by a college or university in accordance
3.17with health regulations promulgated by the college or university under chapter 14;
3.18(4) any person, firm, or corporation whose principal mode of business is licensed
3.19under sections 28A.04 and 28A.05, is exempt at that premises from licensure as a food
3.20or beverage establishment; provided that the holding of any license pursuant to sections
3.2128A.04 and 28A.05 shall not exempt any person, firm, or corporation from the applicable
3.22provisions of this chapter or the rules of the state commissioner of health relating to
3.23food and beverage service establishments;
3.24(5) family day care homes and group family day care homes governed by sections
3.25245A.01 to 245A.16;
3.26(6) nonprofit senior citizen centers for the sale of home-baked goods;
3.27(7) fraternal, sportsman, or patriotic organizations that are tax exempt under section
3.28501(c)(3), 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal
3.29Revenue Code of 1986, or organizations related to, affiliated with, or supported by such
3.30fraternal, sportsman, or patriotic organizations for events held in the building or on the
3.31grounds of the organization and at which home-prepared food is donated by organization
3.32members for sale at the events, provided:
3.33(i) the event is not a circus, carnival, or fair;
4.1(ii) the organization controls the admission of persons to the event, the event agenda,
4.2or both; and
4.3(iii) the organization's licensed kitchen is not used in any manner for the event;
4.4(8) food not prepared at an establishment and brought in by individuals attending a
4.5potluck event for consumption at the potluck event. An organization sponsoring a potluck
4.6event under this clause may advertise the potluck event to the public through any means.
4.7Individuals who are not members of an organization sponsoring a potluck event under this
4.8clause may attend the potluck event and consume the food at the event. Licensed food
4.9establishments other than schools cannot be sponsors of potluck events. A school may
4.10sponsor and hold potluck events in areas of the school other than the school's kitchen,
4.11provided that the school's kitchen is not used in any manner for the potluck event. For
4.12purposes of this clause, "school" means a public school as defined in section 120A.05,
4.13subdivisions 9, 11, 13, and 17 , or a nonpublic school, church, or religious organization
4.14at which a child is provided with instruction in compliance with sections 120A.22 and
4.15120A.24 . Potluck event food shall not be brought into a licensed food establishment
4.16kitchen;
4.17(9) a home school in which a child is provided instruction at home;
4.18(10) school concession stands serving commercially prepared, nonpotentially
4.19hazardous foods, as defined in Minnesota Rules, chapter 4626;
4.20(11) group residential facilities of ten or fewer beds licensed by the commissioner of
4.21human services under Minnesota Rules, chapter 2960, provided the facility employs or
4.22contracts with a certified food manager under Minnesota Rules, part 4626.2015;
4.23(12) food served at fund-raisers or community events conducted in the building or
4.24on the grounds of a faith-based organization, provided that a certified food manager, or a
4.25volunteer trained in a food safety course, trains the food preparation workers in safe
4.26food handling practices. This exemption does not apply to faith-based organizations at
4.27the state agricultural society or county fairs or to faith-based organizations that choose to
4.28apply for a license; and
4.29(13) food service events conducted following a disaster for purposes of feeding
4.30disaster relief staff and volunteers serving commercially prepared, nonpotentially
4.31hazardous foods, as defined in Minnesota Rules, chapter 4626.; and
4.32(14) chili or soup served at a chili or soup cook-off fund-raiser conducted by a
4.33community-based nonprofit organization, provided:
4.34(i) the municipality where the event is located approves the event;
4.35(ii) the sponsoring organization must develop food safety rules and ensure that
4.36participants follow these rules; and
5.1(iii) if the food is not prepared in a kitchen that is licensed or inspected, a visible
5.2sign or placard must be posted that states: "These products are homemade and not subject
5.3to state inspection."
5.4Foods exempt under this clause must be labeled to accurately reflect the name and
5.5address of the person preparing the foods.