SF 26

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; modifying provisions relating 
  1.3             to food licensing; changing license fees and license 
  1.4             periods for certain licensees; amending Minnesota 
  1.5             Statutes 1994, sections 28A.04, subdivision 1; 28A.09, 
  1.6             subdivision 1; 28A.15, subdivisions 3, 7, and 8; 
  1.7             28A.16; and 28A.17. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 28A.04, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  [APPLICATION; DATE OF ISSUANCE.] No person 
  1.12  shall engage in the business of manufacturing, processing, 
  1.13  selling, handling, or storing food without having first obtained 
  1.14  from the commissioner a license for doing such business.  
  1.15  Applications for such license shall be made to the commissioner 
  1.16  in such manner and time as required and upon such forms as 
  1.17  provided by the commissioner and shall contain the name and 
  1.18  address of the applicant, address or description of each place 
  1.19  of business, and the nature of the business to be conducted at 
  1.20  each place, and such other pertinent information as the 
  1.21  commissioner may require. 
  1.22     A retail or wholesale food handler license shall be issued 
  1.23  for the period July 1 to June 30 following and shall be renewed 
  1.24  thereafter by the licensee on or before July 1 each year, except 
  1.25  that all retail licenses for state and county fair licensees and 
  1.26  mobile units shall be issued for the period April 1 to March 31 
  2.1   starting with the period April 1, 1996, and shall be renewed 
  2.2   thereafter by the licensee on or before April 1 each year.  
  2.3   License fees for the period July 1, 1995, to March 31, 1996, 
  2.4   will be renewed according to the fee schedule in effect on 
  2.5   January 1, 1995.  A license for a food broker or for a food 
  2.6   processor or manufacturer shall be issued for the period January 
  2.7   1 to December 31 following and shall be renewed thereafter by 
  2.8   the licensee on or before January 1 of each year.  A penalty for 
  2.9   a late renewal shall be assessed in accordance with section 
  2.10  28A.08. 
  2.11     Sec. 2.  Minnesota Statutes 1994, section 28A.09, 
  2.12  subdivision 1, is amended to read: 
  2.13     Subdivision 1.  [ANNUAL FEE; EXCEPTIONS.] Every 
  2.14  coin-operated food vending machine is subject to an annual state 
  2.15  inspection fee of $15 for each nonexempt machine except nut 
  2.16  vending machines which are subject to an annual state inspection 
  2.17  fee of $5 for each machine, provided that: 
  2.18     (a) Food vending machines may be inspected by either a home 
  2.19  rule charter or statutory city, or a county, but not both, and 
  2.20  if inspected by a home rule charter or statutory city, or a 
  2.21  county they shall not be subject to the state inspection fee, 
  2.22  but the home rule charter or statutory city, or the county may 
  2.23  impose an inspection or license fee of no more than the state 
  2.24  inspection fee.  A home rule charter or statutory city or county 
  2.25  that does not inspect food vending machines shall not impose a 
  2.26  food vending machine inspection or license fee. 
  2.27     (b) Vending machines dispensing only gum balls, hard candy, 
  2.28  unsorted confections candy, or ice manufactured and packaged by 
  2.29  another shall be exempt from the state inspection fee, but may 
  2.30  be inspected by the state.  A home rule charter or statutory 
  2.31  city may impose by ordinance an inspection or license fee of no 
  2.32  more than the state inspection fee for nonexempt machines on the 
  2.33  vending machines described in this paragraph.  A county may 
  2.34  impose by ordinance an inspection or license fee of no more than 
  2.35  the state inspection fee for nonexempt machines on the vending 
  2.36  machines described in this paragraph which are not located in a 
  3.1   home rule charter or statutory city.  
  3.2      (c) Vending machines dispensing only bottled or canned soft 
  3.3   drinks are exempt from the state, home rule charter or statutory 
  3.4   city, and county inspection fees, but may be inspected by the 
  3.5   commissioner or the commissioner's designee. 
  3.6      Sec. 3.  Minnesota Statutes 1994, section 28A.15, 
  3.7   subdivision 3, is amended to read: 
  3.8      Subd. 3.  A farmer slaughtering personal animals, rabbits 
  3.9   or poultry, on the farmer's own farm for:  (a)  personal use; or 
  3.10  (b) the use of the farmer's immediate family. 
  3.11     Sec. 4.  Minnesota Statutes 1994, section 28A.15, 
  3.12  subdivision 7, is amended to read: 
  3.13     Subd. 7.  Persons whose principal business is not food 
  3.14  handling but who sell only ice manufactured and prepackaged by 
  3.15  another or such nonperishable items as bottled or canned soft 
  3.16  drinks, prepackaged confections candy or nuts at retail, or 
  3.17  persons who for their own convenience or the convenience of 
  3.18  their employees have available for rehydration and consumption 
  3.19  on the premises such nonperishable items as dehydrated coffee, 
  3.20  soup, hot chocolate or other dehydrated food or beverage. 
  3.21     Sec. 5.  Minnesota Statutes 1994, section 28A.15, 
  3.22  subdivision 8, is amended to read: 
  3.23     Subd. 8.  A licensed pharmacy selling only food additives, 
  3.24  food supplements, canned or prepackaged infant formulae, ice 
  3.25  manufactured and packaged by another, or such nonperishable food 
  3.26  items as bottled or canned soft drinks and prepackaged 
  3.27  confections candy or nuts at retail. 
  3.28     Sec. 6.  Minnesota Statutes 1994, section 28A.16, is 
  3.29  amended to read: 
  3.30     28A.16 [PERSONS SELLING LIQUOR.] 
  3.31     The provisions of the Minnesota consolidated food licensing 
  3.32  law, sections 28A.01 to 28A.16 and acts amendatory thereto, 
  3.33  shall not apply to persons licensed to sell 3.2 percent malt 
  3.34  liquor "on-sale" as provided in section 340A.403, or to persons 
  3.35  licensed to sell intoxicating liquors "on-sale" or "off-sale" as 
  3.36  provided in sections 340A.404 to 340A.407, provided that these 
  4.1   persons sell only ice manufactured and packaged by another, or 
  4.2   such nonperishable food items as bottled or canned soft drinks 
  4.3   and prepacked confections candy at retail.  
  4.4      Sec. 7.  Minnesota Statutes 1994, section 28A.17, is 
  4.5   amended to read: 
  4.6      28A.17 [LICENSE RENEWAL.] 
  4.7      Licenses for food processors or manufacturers shall be 
  4.8   renewed annually on January 1.  Licenses for retail and 
  4.9   wholesale food handlers shall be renewed annually on July 
  4.10  1.  Licenses for retail state and county fair licensees and 
  4.11  retail mobile units shall be renewed annually on April 1 
  4.12  effective on April 1, 1996.