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HF 935

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/17/2003

Current Version - as introduced

  1.1                          A bill for an act 
  1.2             relating to agriculture; clarifying certain food 
  1.3             provisions; clarifying an enforcement provision; 
  1.4             changing a milk storage requirement; amending 
  1.5             Minnesota Statutes 2002, sections 31.101, subdivisions 
  1.6             3, 4, 5, 6, 7, 8, 9, 10, 11, 12; 31.102, subdivision 
  1.7             1; 31.103, subdivision 1; 32.01, subdivision 10; 
  1.8             32.21, subdivision 4; 32.394, subdivisions 4, 8c; 
  1.9             32.415; repealing Minnesota Statutes 2002, section 
  1.10            32.391, subdivisions 1a, 1b, 1c. 
  1.11  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.12     Section 1.  Minnesota Statutes 2002, section 31.101, 
  1.13  subdivision 3, is amended to read: 
  1.14     Subd. 3.  [PESTICIDE CHEMICAL RULES.] Federal pesticide 
  1.15  chemical regulations in effect on April 1, 2001, adopted under 
  1.16  authority of the Federal Insecticide, Fungicide and Rodenticide 
  1.17  Act, as provided by United States Code, title 7, chapter 6, are 
  1.18  the pesticide chemical rules in this state.  
  1.19     Sec. 2.  Minnesota Statutes 2002, section 31.101, 
  1.20  subdivision 4, is amended to read: 
  1.21     Subd. 4.  [FOOD ADDITIVE RULES.] Federal food additive 
  1.22  regulations in effect on April 1, 2001, as provided by Code of 
  1.23  Federal Regulations, title 21, parts 170 to 199, are the food 
  1.24  additive rules in this state.  
  1.25     Sec. 3.  Minnesota Statutes 2002, section 31.101, 
  1.26  subdivision 5, is amended to read: 
  1.27     Subd. 5.  [COLOR ADDITIVE RULES.] Federal color additive 
  1.28  regulations in effect on April 1, 2001, as provided by Code of 
  2.1   Federal Regulations, title 21, parts 70 to 82, are the color 
  2.2   additive rules in this state.  
  2.3      Sec. 4.  Minnesota Statutes 2002, section 31.101, 
  2.4   subdivision 6, is amended to read: 
  2.5      Subd. 6.  [SPECIAL DIETARY USE RULES.] Federal special 
  2.6   dietary use regulations in effect on April 1, 2001, as provided 
  2.7   by Code of Federal Regulations, title 21, parts 104 and 105, are 
  2.8   the special dietary use rules in this state.  
  2.9      Sec. 5.  Minnesota Statutes 2002, section 31.101, 
  2.10  subdivision 7, is amended to read: 
  2.11     Subd. 7.  [FAIR PACKAGING AND LABELING RULES.] Federal 
  2.12  regulations in effect on April 1, 2001, adopted under the Fair 
  2.13  Packaging and Labeling Act, as provided by United States Code, 
  2.14  title 15, sections 1451 to 1461, are the rules in this state.  
  2.15  The commissioner may not adopt amendments to these rules or 
  2.16  adopt other rules which are contrary to the labeling 
  2.17  requirements for the net quantity of contents required pursuant 
  2.18  to section 4 of the Fair Packaging and Labeling Act and the 
  2.19  regulations adopted under that act.  
  2.20     Sec. 6.  Minnesota Statutes 2002, section 31.101, 
  2.21  subdivision 8, is amended to read: 
  2.22     Subd. 8.  [FOOD AND DRUGS RULES.] Applicable federal 
  2.23  regulations including recodification contained in Code of 
  2.24  Federal Regulations, title 21, parts 0-1299, Food and Drugs, in 
  2.25  effect April 1, 2001, and not otherwise adopted herein, also are 
  2.26  adopted as food rules of this state.  
  2.27     Sec. 7.  Minnesota Statutes 2002, section 31.101, 
  2.28  subdivision 9, is amended to read: 
  2.29     Subd. 9.  [FISHERY PRODUCTS RULES.] Federal regulations in 
  2.30  effect on April 1, 2001, as provided by Code of Federal 
  2.31  Regulations, title 50, parts 260 to 267, are incorporated as 
  2.32  part of the fishery products rules in this state for state 
  2.33  inspections performed under a cooperative agreement with the 
  2.34  United States Department of Commerce, National Marine Fisheries 
  2.35  Service.  
  2.36     Sec. 8.  Minnesota Statutes 2002, section 31.101, 
  3.1   subdivision 10, is amended to read: 
  3.2      Subd. 10.  [MEAT AND POULTRY RULES.] Federal regulations in 
  3.3   effect on April 1, 2001, as provided by Code of Federal 
  3.4   Regulations, title 9, part 301, et seq., are incorporated as 
  3.5   part of the meat and poultry rules in this state. 
  3.6      Sec. 9.  Minnesota Statutes 2002, section 31.101, 
  3.7   subdivision 11, is amended to read: 
  3.8      Subd. 11.  [STANDARDS FOR FRESH FRUITS, VEGETABLES, AND 
  3.9   OTHER PRODUCTS.] Federal regulations in effect on April 1, 2001, 
  3.10  as provided by Code of Federal Regulations, title 7, parts 51 
  3.11  and 52, are incorporated as part of the rules in this state.  
  3.12     Sec. 10.  Minnesota Statutes 2002, section 31.101, 
  3.13  subdivision 12, is amended to read: 
  3.14     Subd. 12.  [DAIRY GRADE RULES; MANUFACTURING PLANT 
  3.15  STANDARDS.] Federal grading and inspection standards for 
  3.16  manufacturing dairy plants and products and amendments thereto 
  3.17  in effect on April 1, 2001, as provided by Code of Federal 
  3.18  Regulations, title 7, part 58, subparts B-W, are adopted as the 
  3.19  dairy grade rules and manufacturing plant standards in this 
  3.20  state. 
  3.21     Sec. 11.  Minnesota Statutes 2002, section 31.102, 
  3.22  subdivision 1, is amended to read: 
  3.23     Subdivision 1.  [IDENTITY, QUANTITY, AND FILL OF CONTAINER 
  3.24  RULES.] Federal definitions and standards of identity, quality, 
  3.25  and fill of container in effect on April 1, 2001, adopted under 
  3.26  authority of the federal act, are the definitions and standards 
  3.27  of identity, quality, and fill of container in this state.  The 
  3.28  rules may be amended by the commissioner under chapter 14.  
  3.29     Sec. 12.  Minnesota Statutes 2002, section 31.103, 
  3.30  subdivision 1, is amended to read: 
  3.31     Subdivision 1.  [CONSUMER COMMODITIES LABELING RULES.] All 
  3.32  labels of consumer commodities must conform with the 
  3.33  requirements for the declaration of net quantity of contents of 
  3.34  section 4 of the Fair Packaging and Labeling Act (United States 
  3.35  Code, title 15, section 1451 et seq.) and federal regulations in 
  3.36  effect on April 1, 2001, adopted under authority of that act, 
  4.1   except to the extent that the commissioner amends the rules 
  4.2   under chapter 14.  Consumer commodities exempted from the 
  4.3   requirements of section 4 of the Fair Packaging and Labeling Act 
  4.4   are also exempt from this subdivision.  
  4.5      Sec. 13.  Minnesota Statutes 2002, section 32.01, 
  4.6   subdivision 10, is amended to read: 
  4.7      Subd. 10.  [DAIRY PRODUCT.] "Dairy product" means milk as 
  4.8   defined by Code of Federal Regulations, title 21, cream, any 
  4.9   product or by-product of either, or any commodity among the 
  4.10  principal constituents or ingredients of which is one or a 
  4.11  combination of two or more of them, as determined by standards, 
  4.12  grades, or rules duly adopted by the commissioner.  
  4.13     Sec. 14.  Minnesota Statutes 2002, section 32.21, 
  4.14  subdivision 4, is amended to read: 
  4.15     Subd. 4.  [PENALTIES.] (a) A person, other than a milk 
  4.16  producer, who violates this section is guilty of a misdemeanor 
  4.17  or subject to a civil penalty up to $1,000. 
  4.18     (b) A milk producer may not change milk plants within 30 
  4.19  days, without permission of the commissioner, after receiving 
  4.20  notification from the commissioner under paragraph (c) or (d) 
  4.21  that the milk producer has violated this section. 
  4.22     (c) A milk producer who violates subdivision 3, clause (1), 
  4.23  (2), (3), (4), or (5), is subject to clauses (1) to (3) of this 
  4.24  paragraph. 
  4.25     (1) Upon notification of the first violation in a 12-month 
  4.26  period, the producer must meet with the dairy plant field 
  4.27  service representative qualified dairy sanitarian to initiate 
  4.28  corrective action within 30 days. 
  4.29     (2) Upon the second violation within a 12-month period, the 
  4.30  producer is subject to a civil penalty of $300.  The 
  4.31  commissioner shall notify the producer by certified mail stating 
  4.32  the penalty is payable in 30 days, the consequences of failure 
  4.33  to pay the penalty, and the consequences of future violations. 
  4.34     (3) Upon the third violation within a 12-month period, the 
  4.35  producer is subject to an additional civil penalty of $300 and 
  4.36  possible revocation of the producer's permit or certification.  
  5.1   The commissioner shall notify the producer by certified mail 
  5.2   that all civil penalties owed must be paid within 30 days and 
  5.3   that the commissioner is initiating administrative procedures to 
  5.4   revoke the producer's permit or certification to sell milk for 
  5.5   at least 30 days. 
  5.6      (d) The producer's shipment of milk must be immediately 
  5.7   suspended if the producer is identified as an individual source 
  5.8   of milk containing residues causing a bulk load of milk to test 
  5.9   positive in violation of subdivision 3, clause (6) or (7).  The 
  5.10  Grade A or manufacturing grade permit must be converted to 
  5.11  temporary status for not more than 30 days and shipment may 
  5.12  resume only after subsequent milk has been sampled by the 
  5.13  commissioner or the commissioner's agent and found to contain no 
  5.14  residues above established tolerances or safe levels. 
  5.15     The Grade A or manufacturing grade permit may be restored 
  5.16  if the producer completes the "Milk and Dairy Beef Residue 
  5.17  Prevention Protocol" with a licensed veterinarian, displays the 
  5.18  signed certificate in the milkhouse, and sends verification to 
  5.19  the commissioner within the 30-day temporary permit status 
  5.20  period.  If the producer does not comply within the temporary 
  5.21  permit status period, the Grade A or manufacturing grade permit 
  5.22  must be suspended.  A milk producer whose milk supply is in 
  5.23  violation of subdivision 3, clause (6) or (7), and has caused a 
  5.24  bulk load to test positive is subject to clauses (1) to (3) of 
  5.25  this paragraph.  
  5.26     (1) For the first violation in a 12-month period, the 
  5.27  penalty is the value of all milk on the contaminated load plus 
  5.28  any costs associated with the disposition of the contaminated 
  5.29  load.  Future pickups are prohibited until subsequent testing 
  5.30  reveals the milk is free of drug residue.  A farm inspection 
  5.31  must be completed by the plant representative a qualified dairy 
  5.32  sanitarian and the producer to determine the cause of the 
  5.33  residue and actions required to prevent future violations. 
  5.34     (2) For the second violation in a 12-month period, the 
  5.35  penalty is the value of all milk on the contaminated load plus 
  5.36  any costs associated with the disposition of the contaminated 
  6.1   load.  Future pickups are prohibited until subsequent testing 
  6.2   reveals the milk is free of drug residue.  A farm inspection 
  6.3   must be completed by the regulatory agency or its agent to 
  6.4   determine the cause of the residue and actions required to 
  6.5   prevent future violations. 
  6.6      (3) For the third violation in a 12-month period, the 
  6.7   penalty is the value of all milk on the contaminated load plus 
  6.8   any costs associated with the disposition of the contaminated 
  6.9   load.  Future pickups are prohibited until subsequent testing 
  6.10  reveals the milk is free of drug residue.  The commissioner or 
  6.11  the commissioner's agent shall also notify the producer by 
  6.12  certified mail that the commissioner is initiating 
  6.13  administrative procedures to revoke the producer's right to sell 
  6.14  milk for a minimum of 30 days.  
  6.15     (4) If a bulk load of milk tests negative for residues and 
  6.16  there is a positive producer sample on the load, no civil 
  6.17  penalties may be assessed to the producer.  The plant must 
  6.18  report the positive result within 24 hours and reject further 
  6.19  milk shipments from that producer until the producer's milk 
  6.20  tests negative.  A farm inspection must be completed by the 
  6.21  plant representative and the producer to determine the cause of 
  6.22  the residue and actions required to prevent future violations.  
  6.23  The department shall suspend the producer's permit and count the 
  6.24  violation on the producer's record.  The Grade A or 
  6.25  manufacturing grade permit must be converted to temporary status 
  6.26  for not more than 30 days during which time the producer must 
  6.27  review the "Milk and Dairy Beef Residue Prevention Protocol" 
  6.28  with a licensed veterinarian, display the signed certificate in 
  6.29  the milkhouse, and send verification to the commissioner.  If 
  6.30  these conditions are met, the Grade A or manufacturing grade 
  6.31  permit must be reinstated.  If the producer does not comply 
  6.32  within the temporary permit status period, the Grade A or 
  6.33  manufacturing grade permit must be suspended. 
  6.34     (e) A milk producer that has been certified as completing 
  6.35  the "Milk and Dairy Beef Residue Prevention Protocol" within 12 
  6.36  months of the first violation of subdivision 3, clause (7), need 
  7.1   only review the cause of the violation with a field service 
  7.2   representative within three days to maintain Grade A or 
  7.3   manufacturing grade permit and shipping status if all other 
  7.4   requirements of this section are met. 
  7.5      (f) Civil penalties collected under this section must be 
  7.6   deposited in the milk inspection services account established in 
  7.7   this chapter. 
  7.8      Sec. 15.  Minnesota Statutes 2002, section 32.394, 
  7.9   subdivision 4, is amended to read: 
  7.10     Subd. 4.  [RULES.] The commissioner shall by rule 
  7.11  promulgate identity, production and processing standards for 
  7.12  milk, milk products and goat milk which are intended to bear the 
  7.13  Grade A label. 
  7.14     In the exercise of the authority to establish requirements 
  7.15  for Grade A milk, milk products, and goat milk, the commissioner 
  7.16  adopts definitions, standards of identity, and requirements for 
  7.17  production and processing contained in the "1999 2001 Grade A 
  7.18  Pasteurized Milk Ordinance" and the "1995 Grade A Condensed and 
  7.19  Dry Milk Ordinance" of the United States Department of Health 
  7.20  and Human Services, in a manner provided for and not in conflict 
  7.21  with law. 
  7.22     Sec. 16.  Minnesota Statutes 2002, section 32.394, 
  7.23  subdivision 8c, is amended to read: 
  7.24     Subd. 8c.  [GRADE A OR MANUFACTURING GRADE RAW MILK.] Grade 
  7.25  A or manufacturing grade raw milk must not have been stored 
  7.26  longer than 76 72 hours when it is picked up at the farm by the 
  7.27  receiving plant.  The commissioner or an agent of the 
  7.28  commissioner may waive the 76-hour 72-hour time limit in a case 
  7.29  of hardship, emergency, or natural disaster.  On farms permitted 
  7.30  or certified for bulk tank storage, the milk may only be picked 
  7.31  up from approved bulk milk tanks in proper working order. 
  7.32     Sec. 17.  Minnesota Statutes 2002, section 32.415, is 
  7.33  amended to read: 
  7.34     32.415 [MILK FOR MANUFACTURING; QUALITY STANDARDS.] 
  7.35     (a) The commissioner may adopt rules to provide uniform 
  7.36  quality standards, and producers of milk used for manufacturing 
  8.1   purposes shall conform to the standards contained in Subparts B, 
  8.2   C, D, E, and F of the United States Department of Agriculture 
  8.3   Consumer and Marketing Service Recommended Requirements for Milk 
  8.4   for Manufacturing Purposes and its Production and Processing, as 
  8.5   revised through November 12, 1996 June 17, 2002, except that the 
  8.6   commissioner shall develop methods by which producers can comply 
  8.7   with the standards without violation of religious beliefs.  
  8.8      (b) The commissioner shall perform or contract for the 
  8.9   performance of the inspections necessary to implement this 
  8.10  section or shall certify dairy industry personnel to perform the 
  8.11  inspections.  
  8.12     (c) The commissioner and other employees of the department 
  8.13  shall make every reasonable effort to assist producers in 
  8.14  achieving the milk quality standards at minimum cost and to use 
  8.15  the experience and expertise of the University of Minnesota and 
  8.16  the agricultural extension service to assist producers in 
  8.17  achieving the milk quality standards in the most cost-effective 
  8.18  manner.  
  8.19     (d) The commissioner shall consult with producers, 
  8.20  processors, and others involved in the dairy industry in order 
  8.21  to prepare for the implementation of this section including 
  8.22  development of informational and educational materials, 
  8.23  meetings, and other methods of informing producers about the 
  8.24  implementation of standards under this section. 
  8.25     Sec. 18.  [REPEALER.] 
  8.26     Minnesota Statutes 2002, section 32.391, subdivisions 1a, 
  8.27  1b, and 1c, are repealed.