HF 1167

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/01/2023 12:51pm

A bill for an act
relating to agriculture; permitting registered small farm producers to sell fluid raw
milk and fluid raw milk products to consumers under certain circumstances;
amending Minnesota Statutes 2022, section 32D.20, subdivision 1; 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.154] RAW MILK SALES BY SMALL FARM PRODUCERS.
new text end

new text begin Subdivision 1. new text end

new text begin Licensing provisions; applicability. new text end

new text begin The licensing provisions of sections
28A.01 to 28A.16 do not apply to an individual who cultivates and sells fluid raw milk or
raw milk products, including milk, cream, skim milk, goat milk, sheep milk, cream, butter,
cottage cheese, ice cream, yogurt, and aged and not aged raw milk cheese, if the following
requirements are met:
new text end

new text begin (1) the individual who cultivates and sells fluid raw milk or raw milk products has a
farm with less than 12 animal units. One animal unit consists of one mature cow, five mature
goats, or five mature sheep;
new text end

new text begin (2) the fluid raw milk or raw milk products offered for sale under this subdivision are
labeled to accurately reflect the name, registration number, and address of the individual
or farm that cultivated the food, the date on which the food was produced, and the statement,
"These are raw milk products that are not subject to state inspection."; and
new text end

new text begin (3) the individual who cultivates and sells fluid raw milk or raw milk products displays
at the point of sale a clearly legible sign or placard stating, "These are raw milk products
that are not subject to state inspection."
new text end

new text begin Subd. 2. new text end

new text begin Direct sales to consumers. new text end

new text begin An individual qualifying for an exemption under
subdivision 1 may sell exempt fluid raw milk or raw milk products:
new text end

new text begin (1) directly from the individual's home to the ultimate consumer, to the extent allowed
by local ordinance; or
new text end

new text begin (2) directly to the ultimate consumer at a community event or farmers' market.
new text end

new text begin Subd. 3. new text end

new text begin Registration. new text end

new text begin (a) An individual who prepares and sells exempt fluid raw milk
or raw milk products under subdivision 1 must register annually with the commissioner on
forms approved by the commissioner. A tier one registration has no registration fee and
covers raw milk and raw milk product sales of up to $5,000 per calendar year. A tier two
registration has a $50 registration fee and covers raw milk and raw milk product sales
totaling up to $78,000 in sales per calendar year.
new text end

new text begin (b) When registering with the commissioner, an individual must provide the commissioner
with proof that:
new text end

new text begin (1) the individual completed a class on food safety, animal health, and safe milk handling
that has been approved by the commissioner; and
new text end

new text begin (2) all animals on the individual's farm tested negative for tuberculosis and brucellosis
and a veterinarian administered all testing within 15 days of the registration request.
new text end

new text begin (c) The commissioner must register an individual within 30 days of receiving the
individual's complete registration as long as the individual meets the requirements of this
subdivision.
new text end

new text begin (d) An individual who is registered under this subdivision is not subject to the
pasteurization requirements in section 32D.20.
new text end

Sec. 2.

Minnesota Statutes 2022, section 32D.20, subdivision 1, is amended to read:

Subdivision 1.

Pasteurization.

No milk or fluid milk products shall be sold, offered or
exposed for sale, or held in possession for sale for the purpose of human consumption in
fluid form in this state unless the milk or fluid milk product has been pasteurized, as defined
in section 32D.01, subdivision 15, and cooled, provided that this section shall not apply to new text begin :
(1) new text end milk, cream, or skim milk occasionally secured or purchased for personal use by a
consumer at the place or farm where the milk is produced new text begin ; and (2) fluid raw milk and raw
milk products sold by individuals registered under section 28A.154, subdivision 3 new text end .