1.1                          A bill for an act 
  1.2             relating to health; modifying and clarifying certain 
  1.3             food licensing and inspection requirements; exempting 
  1.4             certain food establishments from certain equipment 
  1.5             design and construction rules; amending Minnesota 
  1.6             Statutes 2002, sections 28A.15, by adding a 
  1.7             subdivision; 157.011, by adding a subdivision; 157.20, 
  1.8             subdivision 1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 28A.15, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 10.  [CERTAIN HOME-PROCESSED AND HOME-CANNED 
  1.13  FOODS.] (a) A person who receives less than $5,000 in gross 
  1.14  receipts in a calendar year from the sale of home-processed and 
  1.15  home-canned food products and meets all the requirements of 
  1.16  clauses (1) to (5). 
  1.17     (1) The products are pickles, vegetables, or fruits having 
  1.18  an equilibrium pH value of 4.6 or lower. 
  1.19     (2) The products are home-processed and home-canned in 
  1.20  Minnesota. 
  1.21     (3) The products are sold or offered for sale at a 
  1.22  community or social event or a farmers' market in Minnesota. 
  1.23     (4) The seller displays at the point of sale a clearly 
  1.24  legible sign or placard stating:  "These canned goods are 
  1.25  homemade and not subject to state inspection" unless the 
  1.26  products were processed and canned in a kitchen that is licensed 
  1.27  or inspected.  
  2.1      (5) Each container of the product sold or offered for sale 
  2.2   under this exemption is accurately labeled to provide the name 
  2.3   and address of the person who processed and canned the goods and 
  2.4   the date on which the goods were processed and canned. 
  2.5      (b) A person that qualifies for an exemption under 
  2.6   paragraph (a) is also exempt from provisions of sections 31.31 
  2.7   and 31.392. 
  2.8      (c) A person claiming an exemption under this subdivision 
  2.9   is urged to: 
  2.10     (1) attend and successfully complete a better process 
  2.11  school recognized by the commissioner; and 
  2.12     (2) have the recipe and manufacturing process reviewed by a 
  2.13  person knowledgeable in the food canning industry and recognized 
  2.14  by the commissioner as a process authority. 
  2.15     (d) The commissioner, in close cooperation with the 
  2.16  commissioner of health and the Minnesota Extension Service, 
  2.17  shall attempt to maximize the availability of information and 
  2.18  technical services and support for persons who wish to 
  2.19  home-process and home-can low acid and acidified food products. 
  2.20     Sec. 2.  Minnesota Statutes 2002, section 157.011, is 
  2.21  amended by adding a subdivision to read: 
  2.22     Subd. 3.  [RULE EXEMPTION.] Notwithstanding any rule to the 
  2.23  contrary, no food establishment shall be required to acquire 
  2.24  equipment or change construction solely because ownership of the 
  2.25  food establishment has been transferred. 
  2.26     Sec. 3.  Minnesota Statutes 2002, section 157.20, 
  2.27  subdivision 1, is amended to read: 
  2.28     Subdivision 1.  [INSPECTIONS.] (a) It shall be the duty of 
  2.29  the commissioner to inspect, or cause to be inspected, every 
  2.30  food and beverage service establishment, hotel, motel, lodging 
  2.31  establishment, or resort.  For the purpose of conducting 
  2.32  inspections, the commissioner shall have the right to enter and 
  2.33  have access thereto at any time during the conduct of business. 
  2.34     (b) The commissioner shall ensure that the provisions of 
  2.35  this chapter and rules adopted thereunder are applied 
  2.36  consistently throughout the state. 
  3.1      Sec. 4.  [EFFECTIVE DATE.] 
  3.2      Section 2 is effective the day following final enactment.