HF 1446

as introduced - 88th Legislature (2013 - 2014) Posted on 03/11/2013 02:43pm

A bill for an act
relating to food safety; establishing an exception for certain chili or soup cook-off
events; amending Minnesota Statutes 2012, section 157.22.

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

Section 1.

Minnesota Statutes 2012, section 157.22, is amended to read:

157.22 EXEMPTIONS.

This chapter does not apply to:

(1) interstate carriers under the supervision of the United States Department of
Health and Human Services;

(2) weddings, fellowship meals, or funerals conducted by a faith-based organization
using any building constructed and primarily used for religious worship or education;

(3) any building owned, operated, and used by a college or university in accordance
with health regulations promulgated by the college or university under chapter 14;

(4) any person, firm, or corporation whose principal mode of business is licensed
under sections 28A.04 and 28A.05, is exempt at that premises from licensure as a food
or beverage establishment; provided that the holding of any license pursuant to sections
28A.04 and 28A.05 shall not exempt any person, firm, or corporation from the applicable
provisions of this chapter or the rules of the state commissioner of health relating to
food and beverage service establishments;

(5) family day care homes and group family day care homes governed by sections
245A.01 to 245A.16;

(6) nonprofit senior citizen centers for the sale of home-baked goods;

(7) fraternal, sportsman, or patriotic organizations that are tax exempt under section
501(c)(3), 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal
Revenue Code of 1986, or organizations related to, affiliated with, or supported by such
fraternal, sportsman, or patriotic organizations for events held in the building or on the
grounds of the organization and at which home-prepared food is donated by organization
members for sale at the events, provided:

(i) the event is not a circus, carnival, or fair;

(ii) the organization controls the admission of persons to the event, the event agenda,
or both; and

(iii) the organization's licensed kitchen is not used in any manner for the event;

(8) food not prepared at an establishment and brought in by individuals attending a
potluck event for consumption at the potluck event. An organization sponsoring a potluck
event under this clause may advertise the potluck event to the public through any means.
Individuals who are not members of an organization sponsoring a potluck event under this
clause may attend the potluck event and consume the food at the event. Licensed food
establishments other than schools cannot be sponsors of potluck events. A school may
sponsor and hold potluck events in areas of the school other than the school's kitchen,
provided that the school's kitchen is not used in any manner for the potluck event. For
purposes of this clause, "school" means a public school as defined in section 120A.05,
subdivisions 9, 11, 13, and 17, or a nonpublic school, church, or religious organization
at which a child is provided with instruction in compliance with sections 120A.22 and
120A.24. Potluck event food shall not be brought into a licensed food establishment
kitchen;

(9) a home school in which a child is provided instruction at home;

(10) school concession stands serving commercially prepared, nonpotentially
hazardous foods, as defined in Minnesota Rules, chapter 4626;

(11) group residential facilities of ten or fewer beds licensed by the commissioner of
human services under Minnesota Rules, chapter 2960, provided the facility employs or
contracts with a certified food manager under Minnesota Rules, part 4626.2015;

(12) food served at fund-raisers or community events conducted in the building or
on the grounds of a faith-based organization, provided that a certified food manager, or a
volunteer trained in a food safety course, trains the food preparation workers in safe
food handling practices. This exemption does not apply to faith-based organizations at
the state agricultural society or county fairs or to faith-based organizations that choose to
apply for a license; deleted text begin and
deleted text end

(13) food service events conducted following a disaster for purposes of feeding
disaster relief staff and volunteers serving commercially prepared, nonpotentially
hazardous foods, as defined in Minnesota Rules, chapter 4626 deleted text begin . deleted text end new text begin ; and
new text end

new text begin (14) food served at a chili or soup cook-off event conducted by a community-based
nonprofit organization, provided:
new text end

new text begin (i) no fee is charged for the event;
new text end

new text begin (ii) food preparation volunteers are trained in a food safety course on safe food
handling practices; and
new text end

new text begin (iii) food is served in a cup or bowl on which the following disclaimer is printed:
"Contents were prepared by volunteers trained in food safety, but consumers assume the
risk of food-borne illness as a result of consumption."
new text end