HF 637

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 05/04/2011 04:37pm

A bill for an act
relating to health; modifying an exemption to the food, beverage, and lodging
establishments statutes; amending Minnesota Statutes 2010, sections 157.15,
subdivision 12b; 157.22.

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

Section 1.

Minnesota Statutes 2010, section 157.15, subdivision 12b, is amended to
read:

Subd. 12b.

School concession stand.

"School concession stand" means a food
and beverage service establishment located in a school, on school grounds, or within a
school-owned athletic complex, that is operated in conjunction with school-sponsored
events. new text begin A school kitchen or school cafeteria is not a school concession stand.
new text end

Sec. 2.

Minnesota Statutes 2010, 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) new text begin weddings, fellowship meals, or funerals conducted by a faith-based organization
using new text end any building constructed and primarily used for religious worship new text begin or education new text end ;

(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 new text begin , sportsman, new text end 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 deleted text begin or deleted text end new text begin , new text end affiliated with new text begin , or supported by new text end
such fraternal new text begin , sportsman, new text end or patriotic organizations deleted text begin . Such organizations may organize
events deleted text end new text begin for events held in the building or on the grounds of the organization and new text end 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) new text begin school new text end concession stands deleted text begin operated in conjunction with school-sponsored events
on school property are exempt from the 21-day restriction; and deleted text end new text begin serving commercially
prepared, nonpotentially hazardous foods, as defined in Minnesota Rules, chapter 4626;
new text end

(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 new text begin ;
new text end

new text begin (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
or county fairs or to faith-based organizations that choose to apply for a license; and
new text end

new text begin (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 new text end .