Minnesota Legislature
HF 910
1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/26/2015 06:15pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/16/2015 | |
| 1st Engrossment | Posted on 03/12/2015 |
Current Version - 1st Engrossment
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A bill for an act
relating to agriculture; modifying licensing exclusions for the direct sale of certain
prepared food; amending Minnesota Statutes 2014, section 28A.15, subdivision 9.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 28A.15, subdivision 9, is amended to read:
Subd. 9.
deleted text begin Community event or farmers' marketdeleted text end new text begin Direct sales to individualsnew text end .
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(a)
For the purposes of this subdivision, the term "not potentially hazardous food" means food
that is not defined as potentially hazardous food in rules adopted under section 31.11,
including, but not limited to:
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(1) food that requires no refrigeration;
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(2) baked goods that do not contain potentially hazardous food;
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(3) candy that does not contain potentially hazardous food;
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(4) granola and other dry cereal;
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(5) dried pasta;
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(6) popcorn;
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(7) waffle cones;
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(8) pizzelles;
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(9) nut mixes;
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(10) chocolate-covered nonperishable food, such as nuts and dried fruit;
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(11) roasted coffee;
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(12) dry baking mixes;
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(13) herb blends; and
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(14) dried tea.
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new text begin (b) new text end An individual who prepares and sells food that is not potentially hazardous fooddeleted text begin ,
as defined in rules adopted under section 31.11,deleted text end new text begin may sell the food directly to an individual
consumer, including salesnew text end at a community eventnew text begin , from the home directly from the producer
to the purchasernew text end or farmers' marketnew text begin . An individual selling food under this paragraph is
limited to total salesnew text end with gross receipts of deleted text begin $5,000deleted text end new text begin $8,000new text end or less in a calendar year from
the prepared food items. new text begin The individual must register annually with the commissioner, at
no cost. The individual must complete a safe food handling course that has been approved
by the commissioner. This course shall not exceed four hours in length. This course shall
not cost more than $40. This course may be offered online or by other means.
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(c) An individual who has gross receipts of sales over $8,000 up to $18,000 in
a calendar year may sell food directly to an individual consumer, including sales at a
community event, from the home directly from the producer to the purchaser or farmers'
market. The producer, with sales over $8,000 in a calendar year, must register annually
with the commissioner. The registration fee shall not exceed $40. The individual shall
also be required to complete a safe food handling course, as described in paragraph (a).
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new text begin (d) new text end If the food is not prepared in a kitchen that is licensed or inspected, the seller
must post a visible sign or placard stating that: "These products are homemade and not
subject to state inspection." Prepared foods sold under this subdivision must be labeled
to accurately reflect the name and address of the person preparing and selling the foodsnew text begin ,
and include a list of all ingredients and possible allergensnew text end .
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(e) Products may be delivered in person to the end purchaser.
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(f) Products may be sold over the Internet but must be delivered in person.
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(g) In cases of suspected food borne illness, established Department of Health
guidelines shall be followed. Inspections shall only be in the areas directly involved in
the preparation and storage of the food in question. All inspections shall be done with a
24-hour notice, in advance, to the food preparer.
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