HF 917

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; changing certain fees related 
  1.3             to food handling licenses; amending Minnesota Statutes 
  1.4             1994, section 28A.08. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 28A.08, is 
  1.7   amended to read: 
  1.8      28A.08 [LICENSE FEES; PENALTIES.] 
  1.9      (a) License fees, penalties for late renewal of licenses, 
  1.10  and penalties for not obtaining a license before conducting 
  1.11  business in food handling that are set in this section apply to 
  1.12  the sections named except as provided under section 28A.09.  
  1.13  Except as specified herein, bonds and assessments based on 
  1.14  number of units operated or volume handled or processed which 
  1.15  are provided for in said laws shall not be affected, nor shall 
  1.16  any penalties for late payment of said assessments, nor shall 
  1.17  inspection fees, be affected by this chapter.  The penalties may 
  1.18  be waived by the commissioner. 
  1.19     (b) A reinspection fee must be charged for each 
  1.20  reinspection of a food handler that is found with a major 
  1.21  violation of requirements in chapter 28, 29, 30, 31, 31A, 32, 
  1.22  33, or 34, or rules adopted under one of those chapters.  The 
  1.23  first reinspection of a firm with gross food sales under 
  1.24  $1,000,000 must be assessed at $25.  The fee for a firm with 
  1.25  gross food sales over $1,000,000 is $50.  The fee for a 
  2.1   subsequent reinspection of a firm for the same violation is 50 
  2.2   percent of their current license fee.  The establishment must be 
  2.3   issued written notice of violations with a reasonable date for 
  2.4   compliance listed on the notice.  
  2.5      (c) For purposes of this section, "major violation" 
  2.6   includes conditions whereby the food products have become 
  2.7   adulterated as defined in section 31.121, or fraudulently 
  2.8   misbranded as defined in section 31.123.  Furthermore, 
  2.9   reinspections will be conducted for other prohibited acts as 
  2.10  defined in section 31.02, after administrative meetings as 
  2.11  defined in section 31.14, and for failure to correct equipment 
  2.12  and facility deficiencies as required under applicable rules as 
  2.13  adopted under chapter 28, 29, 30, 31, 31A, 32, or 34.  An 
  2.14  initial inspection relating to a complaint is not a reinspection.
  2.15     (d) A food handler that requires a reinspection due to a 
  2.16  food safety emergency that presented a public health threat and 
  2.17  that violated a statute in paragraph (b) must be assessed for 
  2.18  the department's reinspection costs.  Reinspections related to 
  2.19  floods, earthquakes, storms, accidental fires, and power outages 
  2.20  are excluded. 
  2.21     (e) All reinspection fees and assessments collected must be 
  2.22  deposited in a special account for reinspections conducted under 
  2.23  the statutes listed in paragraph (a), and is annually 
  2.24  appropriated for this purpose.  Money in the account, including 
  2.25  interest accrued, is appropriated to the department of 
  2.26  agriculture to compensate for and meet the expenses relating to 
  2.27  reinspections.  Food handlers may appeal reinspection fees and 
  2.28  assessments to the department hearing officer within 30 days of 
  2.29  receipt of the notice of fee assessment.  The appeal must be 
  2.30  submitted to the commissioner in writing.  Fees and assessments 
  2.31  are due on demand by the commissioner.  However, if a timely 
  2.32  appeal is requested, the fees and assessments are stayed until a 
  2.33  decision on the appeal is issued by the hearing officer.  A 
  2.34  license may not be renewed until all fees and penalties are paid.
  2.35     (f) License fees, late charges, and penalties are as 
  2.36  follows: 
  3.1                                                     Penalties 
  3.2   Type of food handler                    License  Late     No
  3.3                                           Fee      Renewal  License
  3.4   1.   Retail food handler
  3.5        (a) Having gross sales of only
  3.6        prepackaged nonperishable food
  3.7        of less than $15,000 for 
  3.8        the immediately previous 
  3.9        license or fiscal year and 
  3.10       filing a statement with the 
  3.11       commissioner                       $ 40     $ 15     $ 25
  3.12       (b) Having under $15,000 gross
  3.13       sales including food preparation 
  3.14       or having $15,000 to $50,000 
  3.15       gross sales for the immediately 
  3.16       previous license or fiscal year    $ 55     $ 15     $ 25
  3.17       (c) Having $50,000 to $250,000 
  3.18       gross sales for the immediately                          
  3.19       previous license or fiscal year    $105     $ 35     $ 75
  3.20       (d) Having $250,000 to 
  3.21       $1,000,000 gross sales for the 
  3.22       immediately previous license or 
  3.23       fiscal year                        $180     $ 50     $100
  3.24       (e) Having $1,000,000 to
  3.25       $5,000,000 gross sales for the
  3.26       immediately previous license or 
  3.27       fiscal year                        $500     $100     $175
  3.28       (f) Having $5,000,000 to
  3.29       $10,000,000 gross sales for the
  3.30       immediately previous license or
  3.31       fiscal year                        $700     $150     $300
  3.32       (g) Having over $10,000,000
  3.33       gross sales for the immediately
  3.34       previous license or fiscal year    $800     $200     $350
  3.35  2.   Wholesale food handler
  3.36       (a) Having gross sales or
  4.1        service of less than $250,000
  4.2        for the immediately previous 
  4.3        license or fiscal year             $200     $ 50     $100
  4.4        (b) Having $250,000 to
  4.5        $1,000,000 gross sales or
  4.6        service for the immediately 
  4.7        previous license or fiscal year    $400     $100     $200
  4.8        (c) Having $1,000,000
  4.9        to $5,000,000 gross sales or
  4.10       service for the immediately 
  4.11       previous license or fiscal year    $500     $125     $250
  4.12       (d) Having over $5,000,000
  4.13       gross sales for the immediately
  4.14       previous license or fiscal year    $575     $150     $300
  4.15  3.   Food broker                        $100     $ 30     $ 50
  4.16  4.   Wholesale food processor
  4.17       or manufacturer 
  4.18       (a) Having gross sales of less 
  4.19       than $250,000 for the immediately
  4.20       previous license or fiscal year    $275     $ 75     $150
  4.21       (b) Having $250,000 to $1,000,000 
  4.22       gross sales for the immediately 
  4.23       previous license or fiscal year    $400     $100     $200
  4.24       (c) Having $1,000,000 to
  4.25       $5,000,000 gross sales for the 
  4.26       immediately previous license or 
  4.27       fiscal year                        $500     $125     $250
  4.28       (d) Having over $5,000,000
  4.29       gross sales for the immediately
  4.30       previous license or fiscal year    $575     $150     $300
  4.31  5.   Wholesale food processor of
  4.32       meat or poultry products
  4.33       under supervision of the
  4.34       U. S. Department of Agriculture 
  4.35       (a) Having gross sales of less 
  4.36       than $250,000 for the immediately 
  5.1        previous license or fiscal year    $150     $ 50     $ 75
  5.2        (b) Having $250,000 to $1,000,000 
  5.3        gross sales for the immediately
  5.4        previous license or fiscal year    $225     $ 75     $125
  5.5        (c) Having $1,000,000 to
  5.6        $5,000,000 gross sales for the
  5.7        immediately previous license or 
  5.8        fiscal year                        $275     $ 75     $150
  5.9        (d) Having over $5,000,000
  5.10       gross sales for the immediately
  5.11       previous license or fiscal year    $325     $100     $175
  5.12  6.   Wholesale food manufacturer
  5.13       having the permission of the
  5.14       commissioner to use the name
  5.15       Minnesota farmstead cheese         $ 30     $ 10     $ 15
  5.16  7.   Nonresident frozen dairy 
  5.17       manufacturer                       $200     $ 50     $ 75
  5.18  8.   Wholesale food manufacturer
  5.19       processing less than 70,000
  5.20       pounds per year of cultured
  5.21       dairy food as defined in section
  5.22       32.486, subdivision 1,
  5.23       paragraph (b)                      $ 30     $ 10     $ 15
  5.24  9.   A milk marketing organization
  5.25       without facilities for processing
  5.26       or manufacturing that
  5.27       purchases milk from milk
  5.28       producers for delivery to a
  5.29       licensed wholesale food processor
  5.30       or manufacturer                    $ 50     $ 15     $ 25
  5.31                                                   Penalties 
  5.32  Type of Food Handler          License   License   Late    No
  5.33                                Fee       Fee       Renewal License
  5.34                                Effective Effective
  5.35                                7-1-95    7-1-96
  5.36  (1)  Retail food handler 
  6.1        (i) having gross sales
  6.2        of only prepackaged
  6.3        nonperishable food of
  6.4        less than $15,000 for 
  6.5        the immediately previous
  6.6        license or fiscal year
  6.7        and filing a statement 
  6.8        with the commissioner    $ 42      $ 45      $ 15    $ 25 
  6.9        (ii) having under
  6.10       $15,000 gross sales
  6.11       including food
  6.12       preparation or having
  6.13       $15,000 to $50,000 
  6.14       gross sales for the 
  6.15       immediately previous
  6.16       license or fiscal year   $ 58      $ 61      $ 15    $ 25 
  6.17       (iii) having $50,000 
  6.18       to $250,000 gross sales 
  6.19       for the immediately
  6.20       previous license or
  6.21       fiscal year              $111      $118      $ 35    $ 75 
  6.22       (iv) having $250,000 to  
  6.23       $1,000,000 gross sales
  6.24       for the immediately
  6.25       previous license or
  6.26       fiscal year              $191      $202      $ 50    $100 
  6.27       (v) having $1,000,000 to 
  6.28       $5,000,000 gross sales 
  6.29       for the immediately
  6.30       previous license or
  6.31       fiscal year              $530      $562      $100    $175
  6.32       (vi) having $5,000,000
  6.33       to $10,000,000 gross
  6.34       sales for the
  6.35       immediately previous
  6.36       license or fiscal year   $742      $787      $150    $300
  7.1        (vii) having over
  7.2        $10,000,000 gross sales
  7.3        for the immediately
  7.4        previous license or
  7.5        fiscal year              $848      $899      $200    $350
  7.6   (2)  Wholesale food handler
  7.7        (i) having gross sales
  7.8        or service of less than
  7.9        $250,000 for the
  7.10       immediately previous 
  7.11       license or fiscal year   $212      $225      $ 50    $100
  7.12       (ii) having $250,000 to
  7.13       $1,000,000 gross sales 
  7.14       or service for the 
  7.15       immediately previous
  7.16       license or fiscal year   $424      $449      $100    $200
  7.17       (iii) having $1,000,000
  7.18       to $5,000,000 gross
  7.19       sales or service for the 
  7.20       immediately previous 
  7.21       license or fiscal year   $530      $562      $125    $250
  7.22       (iv) having over
  7.23       $5,000,000 gross sales
  7.24       for the immediately
  7.25       previous license or
  7.26       fiscal year              $610      $647      $150    $300
  7.27  (3)  Food broker              $106      $112      $ 30    $50
  7.28  (4)  Wholesale food processor
  7.29       or manufacturer 
  7.30       (i) having gross sales 
  7.31       of less than $250,000
  7.32       for the immediately
  7.33       previous license or
  7.34       fiscal year              $292      $310      $ 75    $150
  7.35       (ii) having $250,000 to 
  7.36       $1,000,000 gross sales
  8.1        for the immediately
  8.2        previous license or
  8.3        fiscal year              $424      $449      $100    $200
  8.4        (iii) having $1,000,000
  8.5        to $5,000,000 gross
  8.6        sales for the
  8.7        immediately previous
  8.8        license or fiscal year   $530      $562      $125    $250
  8.9        (iv) having over
  8.10       $5,000,000 gross sales
  8.11       for the immediately
  8.12       previous license or
  8.13       fiscal year              $610      $647      $150    $300
  8.14  (5)  Wholesale food processor
  8.15       of meat or poultry
  8.16       products under
  8.17       supervision of the
  8.18       U. S. Department of
  8.19       Agriculture 
  8.20       (i) having gross sales 
  8.21       of less than $250,000
  8.22       for the immediately 
  8.23       previous license or
  8.24       fiscal year              $159      $169      $ 50    $ 75
  8.25       (ii) having $250,000
  8.26       to $1,000,000 gross
  8.27       sales for the
  8.28       immediately previous
  8.29       license or fiscal year   $239      $253      $ 75    $125
  8.30       (iii) having $1,000,000
  8.31       to $5,000,000 gross
  8.32       sales for the
  8.33       immediately previous 
  8.34       license or fiscal year   $292      $310      $ 75    $150
  8.35       (iv) having over
  8.36       $5,000,000 gross sales
  9.1        for the immediately
  9.2        previous license or
  9.3        fiscal year              $345      $366      $100    $175
  9.4   (6)  Wholesale food
  9.5        manufacturer having the
  9.6        permission of the
  9.7        commissioner to use the
  9.8        name Minnesota farmstead
  9.9        cheese                   $ 30      $ 30      $ 10    $ 15
  9.10  (7)  Nonresident frozen dairy 
  9.11       manufacturer             $200      $200      $ 50    $ 75
  9.12  (8)  Wholesale food
  9.13       manufacturer processing
  9.14       less than 70,000 pounds
  9.15       per year of cultured
  9.16       dairy food as defined in
  9.17       section 32.486,
  9.18       subdivision 1,
  9.19       paragraph (b)            $ 30      $ 30      $ 10    $ 15
  9.20  (9)  A milk marketing
  9.21       organization without
  9.22       facilities for
  9.23       processing or
  9.24       manufacturing that
  9.25       purchases milk from 
  9.26       milk producers for
  9.27       delivery to a licensed
  9.28       wholesale food processor
  9.29       or manufacturer          $ 50      $ 50      $ 15    $ 25
  9.30     Sec. 2.  [EFFECTIVE DATE.] 
  9.31     Section 1 is effective the day following final enactment.