SF 1249

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 09/08/2015 03:58pm

A bill for an act
relating to agriculture; modifying license exclusions for the direct sale of certain
prepared food; establishing fees; appropriating money; proposing coding for new
law in Minnesota Statutes, chapter 28A; repealing Minnesota Statutes 2014,
section 28A.15, subdivisions 9, 10.

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

Section 1.

new text begin [28A.152] COTTAGE FOODS EXEMPTION.
new text end

new text begin Subdivision 1. new text end

new text begin Licensing provisions applicability. new text end

new text begin (a) The licensing provisions of
sections 28A.01 to 28A.16 do not apply to the following:
new text end

new text begin (1) an individual who prepares and sells food that is not potentially hazardous food,
as defined in Minnesota Rules, part 4626.0020, subpart 62, if the following requirements
are met:
new text end

new text begin (i) the prepared food offered for sale under this clause is labeled to accurately reflect
the name and address of the person preparing and selling the food, the date on which the
food was prepared, and the ingredients and any possible allergens; and
new text end

new text begin (ii) the individual displays at the point of sale a clearly legible sign or placard stating:
"These products are homemade and not subject to state inspection"; and
new text end

new text begin (2) an individual who prepares and sells home-processed and home-canned food
products if the following requirements are met:
new text end

new text begin (i) the products are pickles, vegetables, or fruits having an equilibrium pH value of
4.6 or lower;
new text end

new text begin (ii) the products are home-processed and home-canned in Minnesota;
new text end

new text begin (iii) the individual displays at the point of sale a clearly legible sign or placard
stating: "These canned goods are homemade and not subject to state inspection"; and
new text end

new text begin (iv) each container of the product sold or offered for sale under this clause is
accurately labeled to provide the name and address of the person who processed and
canned the goods, the date on which the goods were processed and canned, and ingredients
and any possible allergens.
new text end

new text begin (b) An individual who qualifies for an exemption under paragraph (a), clause (2), is
also exempt from the provisions of sections 31.31 and 31.392.
new text end

new text begin Subd. 2. new text end

new text begin Direct sales to consumers. new text end

new text begin (a) An individual qualifying for an exemption
under subdivision 1 may sell the exempt food:
new text end

new text begin (1) directly to the ultimate consumer;
new text end

new text begin (2) at a community event or farmers' market; or
new text end

new text begin (3) directly from the individual's home to the consumer, to the extent allowed by
local ordinance.
new text end

new text begin (b) If an exempt food product will be delivered to the ultimate consumer upon sale
of the food product, the individual who prepared the food product must be the person who
delivers the food product to the ultimate consumer.
new text end

new text begin (c) Food products exempt under subdivision 1, paragraph (a), clause (2), may not be
sold outside of Minnesota.
new text end

new text begin (d) Food products exempt under subdivision 1 may be sold over the Internet but
must be delivered directly to the ultimate consumer by the individual who prepared the
food product. The statement "These products are homemade and not subject to state
inspection" must be displayed on the Web site that offers the exempt foods for purchase.
new text end

new text begin Subd. 3. new text end

new text begin Limitation on sales. new text end

new text begin An individual selling exempt foods under this section
is limited to total sales with gross receipts of $18,000 or less in a calendar year.
new text end

new text begin Subd. 4. new text end

new text begin Registration. new text end

new text begin An individual who prepares and sells exempt food under
subdivision 1 must register annually with the commissioner. The annual registration
fee is $50.
new text end

new text begin Subd. 5. new text end

new text begin Training. new text end

new text begin An individual who prepares and sells exempt food under
subdivision 1 must complete a safe food handling training course that is approved by the
commissioner. The training shall not exceed eight hours and must be completed every
three years while the individual is registered under subdivision 4.
new text end

new text begin Subd. 6. new text end

new text begin Local ordinances. new text end

new text begin This section does not preempt the application of any
business licensing requirement or sanitation, public health, or zoning ordinance of a
political subdivision.
new text end

new text begin Subd. 7. new text end

new text begin Account established. new text end

new text begin A cottage foods account is created as a separate
account in the special revenue fund in the state treasury for depositing money received
by the commissioner under this section. Money in the account, including interest, is
appropriated to the commissioner for costs under this section.
new text end

Sec. 2. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 28A.15, subdivisions 9 and 10, new text end new text begin are repealed.
new text end