HF 1559

as introduced - 88th Legislature (2013 - 2014) Posted on 03/14/2013 02:28pm

A bill for an act
relating to agriculture; modifying certain exemptions from food handler licensing
requirements; amending Minnesota Statutes 2012, section 28A.15, subdivisions
9, 10.

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

Section 1.

Minnesota Statutes 2012, section 28A.15, subdivision 9, is amended to read:

Subd. 9.

Community event or farmers' market new text begin ; cottage foods new text end .

deleted text begin An individual
deleted text end new text begin (a) A person new text end who prepares and sells food new text begin , including but not limited to baked goods, new text end that
is not potentially hazardous food, as defined in rules adopted under section 31.11, at new text begin the
person's residence, a roadside stand, new text end a community new text begin or social new text end event new text begin , new text end or farmers' market with
gross receipts of deleted text begin $5,000 deleted text end new text begin $50,000 new text end or less in a calendar year from the prepared food items.
If the food is not prepared in a kitchen that is licensed or inspected, the seller must post
a visible sign or placard stating that: "These products are homemade and not subject to
state inspection." Prepared foods sold under this subdivision must be labeled to accurately
reflect the name and address of the person preparing and selling the foods. new text begin Except as
provided in subdivision 10, paragraph (b), a person selling food under this subdivision
or subdivision 10 must comply with all applicable requirements under chapter 31 and
maintain sales records. All sales records and labels must be available to food inspectors of
the Department of Agriculture upon request.
new text end

new text begin (b) For the purposes of this subdivision, the term "baked goods" means cookies,
cakes, breads, danish, doughnuts, pastries, pies, and other similar items prepared to be
baked in an oven. Baked goods does not include potentially hazardous food as defined in
rules adopted under section 31.11.
new text end

Sec. 2.

Minnesota Statutes 2012, section 28A.15, subdivision 10, is amended to read:

Subd. 10.

Certain home-processed and home-canned foods.

(a) A person who
receives less than deleted text begin $5,000 deleted text end new text begin $50,000 new text end in gross receipts in a calendar year from the sale of
home-processed and home-canned food products and meets the requirements in clauses
(1) to (5):

(1) the products are pickles, vegetables, or fruits having an equilibrium pH value of
4.6 or lower;

(2) the products are home-processed and home-canned in Minnesota;

(3) the products are sold or offered for sale at new text begin the person's residence, a roadside
stand, new text end a community or social event new text begin , new text end or a farmers' market in Minnesota;

(4) the seller displays at the point of sale a clearly legible sign or placard stating:
"These canned goods are homemade and not subject to state inspection" unless the
products were processed and canned in a kitchen that is licensed or inspected; and

(5) each container of the product sold or offered for sale under this exemption is
accurately labeled to provide the name and address of the person who processed and
canned the goods and the date on which the goods were processed and canned.

(b) A person who qualifies for an exemption under paragraph (a) is also exempt from
the provisions of sections 31.31 and 31.392.

(c) A person claiming an exemption under this subdivision is urged to:

(1) attend and successfully complete a better process school recognized by the
commissioner; and

(2) have the recipe and manufacturing process reviewed by a person knowledgeable
in the food canning industry and recognized by the commissioner as a process authority.

(d) The commissioner, in close cooperation with the commissioner of health and the
Minnesota Extension Service, shall attempt to maximize the availability of information
and technical services and support for persons who wish to home process and home can
low acid and acidified food products.