HF 2178

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/13/2014 03:42pm

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:

new text begin Subd. 11. new text end

new text begin Farmers' market. new text end

new text begin "Farmers' market" means an association of three or
more persons who assemble at a defined public location that is open to the public 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. This definition applies to section 28A.15.
new text end

Sec. 2.

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

new text begin Subd. 12. new text end

new text begin Food product sampling. new text end

new text begin "Food product sampling" means distributing
to individuals at a farmers' market or community event, 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 or community event. For purposes of this subdivision,
"small portion" means a portion that is no more than three ounces of food or beverage.
new text end

Sec. 3.

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

new text begin Subd. 13. new text end

new text begin Food demonstration. new text end

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

Sec. 4.

new text begin [28A.031] FARMERS' MARKET DEFINITION; EXCEPTIONS.
new text end

new text begin The definition of farmers' market in section 28A.03, subdivision 11, does not prohibit:
new text end

new text begin (1) a farmers' market association from establishing a definition of farmers' market
that applies to its membership that is more restrictive than the definition in section 28A.03,
subdivision 11; or
new text end

new text begin (2) a local government from establishing a definition of farmers' market, by ordinance
or regulation, for farmers' markets operating within the local government's jurisdiction.
new text end

Sec. 5.

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

new text begin Subd. 2a. new text end

new text begin Farmers' market food sampling and demonstration. new text end

new text begin (a) Persons
engaged in food product sampling or food product demonstrations if:
new text end

new text begin (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;
new text end

new text begin (2) the person is exempt from licensing under subdivision 2, 9, or 10;
new text end

new text begin (3) the person is licensed under section 28A.05; or
new text end

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

new text begin (b) Food provided through food product sampling or food demonstrations must
be provided at no cost to the individual.
new text end

new text begin (c) Any person conducting food product sampling or food demonstrations shall
provide to the regulatory authority upon request the following information related to the
food product sampling or food demonstration conducted by the person:
new text end

new text begin (1) the source of the food used in the sampling or demonstration and whether or not
the food was produced at the person's farm or garden;
new text end

new text begin (2) the type and volume of food to be served, held, prepared, packaged, or otherwise
provided for human consumption;
new text end

new text begin (3) the equipment used to serve, hold, prepare, package, or otherwise provide food
for human consumption;
new text end

new text begin (4) the time period and location of the food product sampling or food demonstration;
new text end

new text begin (5) the availability of facilities for hand washing by persons conducting the food
product sampling or food demonstrations;
new text end

new text begin (6) information on facilities available for ware washing of multiuse utensils and
equipment;
new text end

new text begin (7) the available source of water; and
new text end

new text begin (8) methods of liquid and solid waste disposal.
new text end

new text begin (d) Any person conducting food product sampling or food demonstrations shall meet
the same food safety and equipment standards that are required of a special event food
stand in Minnesota Rules, parts 4626.1855, items B to O, Q, and R; and 4626.0330.
new text end

Sec. 6.

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

Subd. 13.

Seasonal temporary food stand.

new text begin (a) new text end "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 new text begin for new text end no more than
21 days annually at any one location new text begin , except as provided in paragraph (b) new text end .

new text begin (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.
new text end