SF 164

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; conforming certain food rules 
  1.3             with federal regulations; eliminating a requirement 
  1.4             concerning llamas; amending Minnesota Statutes 1996, 
  1.5             sections 31.101; 31.102, subdivision 1; 31.103, 
  1.6             subdivision 1; and 31.104; repealing Minnesota 
  1.7             Statutes 1996, section 17.456, subdivision 4. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 31.101, is 
  1.10  amended to read: 
  1.11     31.101 [RULES; HEARINGS; UNIFORMITY WITH FEDERAL LAW.] 
  1.12     Subdivision 1.  The authority to promulgate and amend rules 
  1.13  for the efficient administration and enforcement of the 
  1.14  Minnesota food law is vested in the commissioner and is in 
  1.15  addition to authority granted in sections 31.10, 31.11, and 
  1.16  31.12.  Such rules when applicable shall conform, insofar as 
  1.17  practicable and consistent with state law, with those 
  1.18  promulgated under the federal law.  
  1.19     Subd. 2.  Hearings authorized or required by law shall be 
  1.20  conducted by the commissioner or such officer, agent, or 
  1.21  employee as the commissioner may designate for the purpose.  
  1.22     Subd. 3.  Federal pesticide chemical regulations and 
  1.23  amendments thereto in effect on April 1, 1994 1997, adopted 
  1.24  under authority of the Federal Insecticide, Fungicide and 
  1.25  Rodenticide Act, as provided by United States Code, title 7, 
  1.26  chapter 6, are the pesticide chemical rules in this state.  Such 
  2.1   rules may be amended by the commissioner proceeding in 
  2.2   accordance with the administrative procedure act.  
  2.3      Subd. 4.  Federal food additive regulations and amendments 
  2.4   thereto in effect on April 1, 1994 1997, as provided by Code of 
  2.5   Federal Regulations, title 21, parts 170 to 199, are the food 
  2.6   additive rules in this state.  Such rules may be amended by the 
  2.7   commissioner proceeding in accordance with the administrative 
  2.8   procedure act.  
  2.9      Subd. 5.  Federal color additive regulations and amendments 
  2.10  thereto in effect on April 1, 1994 1997, as provided by Code of 
  2.11  Federal Regulations, title 21, parts 70 to 82, are the color 
  2.12  additive rules in this state.  Such rules may be amended by the 
  2.13  commissioner proceeding in accordance with the administrative 
  2.14  procedure act.  
  2.15     Subd. 6.  Federal special dietary use regulations and 
  2.16  amendments thereto in effect on April 1, 1994 1997, as provided 
  2.17  by Code of Federal Regulations, title 21, parts 104 and 105, are 
  2.18  the special dietary use rules in this state.  Such rules may be 
  2.19  amended by the commissioner proceeding in accordance with the 
  2.20  administrative procedure act.  
  2.21     Subd. 7.  Federal regulations and amendments thereto in 
  2.22  effect on April 1, 1994 1997, adopted under the Fair Packaging 
  2.23  and Labeling Act, as provided by United States Code, title 15, 
  2.24  sections 1451 to 1461, are the rules in this state.  Such rules 
  2.25  may be amended by the commissioner proceeding in accordance with 
  2.26  the administrative procedure act; provided that the commissioner 
  2.27  shall not adopt amendments to such rules or adopt other rules 
  2.28  which are contrary to the labeling requirements for the net 
  2.29  quantity of contents required pursuant to section 4 of the Fair 
  2.30  Packaging and Labeling Act and the regulations promulgated 
  2.31  thereunder.  
  2.32     Subd. 8.  Applicable federal regulations including 
  2.33  recodification contained in Code of Federal Regulations, title 
  2.34  21, parts 0-1299, Food and Drugs, in effect April 1, 1994 1997, 
  2.35  and not otherwise adopted herein, also are adopted as food rules 
  2.36  of this state.  Such rules may be amended by the commissioner in 
  3.1   accordance with the administrative procedure act. 
  3.2      Subd. 9.  [FISHERY PRODUCTS RULES.] Federal regulations in 
  3.3   effect on April 1, 1994 1997, as provided by Code of Federal 
  3.4   Regulations, title 50, parts 260 to 266 267, are incorporated as 
  3.5   part of the fishery products rules in this state for state 
  3.6   inspections performed under a cooperative agreement with the 
  3.7   United States Department of Commerce, National Marine Fisheries 
  3.8   Service.  The rules may be amended by the commissioner under 
  3.9   chapter 14. 
  3.10     Subd. 10.  [MEAT AND POULTRY RULES.] Federal regulations in 
  3.11  effect on April 1, 1997, as provided by Code of Federal 
  3.12  Regulations, title 9, parts 301 to 362 and 381 to 391, with the 
  3.13  exception of Subpart C-Exemptions, sections 381.10 to 381.15, 
  3.14  are incorporated as part of the meat and poultry rules in this 
  3.15  state.  The rules may be amended by the commissioner under 
  3.16  chapter 14. 
  3.17     Subd. 11.  [STANDARDS FOR FRESH FRUITS, VEGETABLES, AND 
  3.18  OTHER PRODUCTS.] Federal regulations in effect on April 1, 1997, 
  3.19  as provided by Code of Federal Regulations, title 7, parts 51 
  3.20  and 52, are incorporated as part of the rules in this state.  
  3.21  The rules may be amended by the commissioner under chapter 14. 
  3.22     Sec. 2.  Minnesota Statutes 1996, section 31.102, 
  3.23  subdivision 1, is amended to read: 
  3.24     Subdivision 1.  Federal definitions and standards of 
  3.25  identity, quality and fill of container and amendments thereto, 
  3.26  in effect on April 1, 1994 1997, adopted under authority of the 
  3.27  federal act, are the definitions and standards of identity, 
  3.28  quality and fill of container in this state.  Such rules may be 
  3.29  amended by the commissioner proceeding in accordance with the 
  3.30  administrative procedure act.  
  3.31     Sec. 3.  Minnesota Statutes 1996, section 31.103, 
  3.32  subdivision 1, is amended to read: 
  3.33     Subdivision 1.  All labels of consumer commodities shall 
  3.34  conform with the requirements for the declaration of net 
  3.35  quantity of contents of section 4 of the Fair Packaging and 
  3.36  Labeling Act (United States Code, title 15, section 1451 et 
  4.1   seq.) and federal regulations in effect on April 1, 1994 1997, 
  4.2   promulgated pursuant thereto, except to the extent that the 
  4.3   commissioner shall exercise authority to amend such rules in 
  4.4   accordance with the administrative procedure act.  Consumer 
  4.5   commodities exempted from the requirements of section 4 of the 
  4.6   Fair Packaging and Labeling Act shall also be exempt from this 
  4.7   subdivision.  
  4.8      Sec. 4.  Minnesota Statutes 1996, section 31.104, is 
  4.9   amended to read: 
  4.10     31.104 [FOOD LABELING EXEMPTION RULES.] 
  4.11     The commissioner shall promulgate rules exempting from any 
  4.12  labeling requirement food which is, in accordance with the 
  4.13  practice of the trade, to be processed, labeled or repacked in 
  4.14  substantial quantities at establishments other than those where 
  4.15  originally processed or packed, on condition that such food is 
  4.16  not adulterated or misbranded upon removal from such processing, 
  4.17  labeling or repacking establishment.  
  4.18     Federal regulations in effect on April 1, 1994 1997, 
  4.19  adopted under authority of the federal act relating to such 
  4.20  exemptions are effective in this state unless the commissioner 
  4.21  shall exercise authority to amend such regulations.  The 
  4.22  commissioner also may promulgate amendments to existing rules 
  4.23  concerning exemptions in accordance with the administrative 
  4.24  procedure act. 
  4.25     Sec. 5.  [REPEALER.] 
  4.26     Minnesota Statutes 1996, section 17.456, subdivision 4, is 
  4.27  repealed.