HF 2178

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 12:53pm

A bill for an act
relating to food safety; providing a definition of farmers' market; permitting
food product sampling and demonstration in certain circumstances; amending
Minnesota Statutes 2012, sections 28A.03, by adding subdivisions; 28A.15, by
adding a subdivision; 157.15, subdivision 13; proposing coding for new law
in Minnesota Statutes, chapter 28A.

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

Section 1.

Minnesota Statutes 2012, section 28A.03, is amended by adding a
subdivision to read:

Subd. 11.

Farmers' market.

"Farmers' market" means an association of three or
more persons who assemble at a defined public location for the purpose of selling directly
to the consumer the products of a farm or garden occupied and cultivated by the person
selling the product.

Sec. 2.

Minnesota Statutes 2012, section 28A.03, is amended by adding a subdivision
to read:

Subd. 12.

Food product sampling.

"Food product sampling" means distributing
to individuals at a farmers' market, for promotional or educational purposes, small
portions of a food item that include as a main ingredient a product sold by the vendor at
the farmers' market.

Sec. 3.

Minnesota Statutes 2012, section 28A.03, is amended by adding a subdivision
to read:

Subd. 13.

Food demonstration.

"Food demonstration" means cooking or
preparing food products to distribute to individuals at a farmers' market for promotional
or educational purposes.

Sec. 4.

[28A.031] LOCAL GOVERNMENT FARMERS' MARKET;
DEFINITION.

The definition of farmers' market in section 28A.03, subdivision 11, does not
prohibit a local government from establishing a definition of farmers' market for farmers'
markets operating within the local government's jurisdiction by ordinance or regulation
that is more restrictive than the definition in section 28A.03, subdivision 11.

Sec. 5.

Minnesota Statutes 2012, section 28A.15, is amended by adding a subdivision
to read:

Subd. 2a.

Farmers' market food sampling and demonstration.

(a) Persons
engaged in food product sampling or food product demonstration if:

(1) the main food product or food item is a product or item of the person's farm or
garden, which is occupied and cultivated by the person;

(2) the person is licensed under section 28A.05;

(3) the person is exempt from licensing under subdivision 2, 9, or 10; or

(4) the person is providing nutrition education at a farmers' market or community
event.

(c) Any person engaged in food product sampling or food demonstration must
meet the same food safety and equipment standards as required by Minnesota Rules,
part 4626.1855.

(d) Food provided through food product sampling or food demonstration must
be provided at no cost to the individual.

Sec. 6.

Minnesota Statutes 2012, section 157.15, subdivision 13, is amended to read:

Subd. 13.

Seasonal temporary food stand.

(a) "Seasonal temporary food
stand" means a food and beverage service establishment that is a food stand which is
disassembled and moved from location to location, but which operates for no more than
21 days annually at any one location, except as provided in paragraph (b).

(b) A seasonal temporary food stand may operate for more than 21 days annually at
any one place with the approval of the regulatory authority, as defined in Minnesota Rules,
part 4626.0020, subpart 70, that has jurisdiction over the seasonal temporary food stand.