Minnesota Legislature
SF 1260
1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/23/2007 | |
| 1st Engrossment | Posted on 03/23/2007 |
Current Version - 1st Engrossment
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A bill for an act
relating to agriculture; changing certain food license requirements; changing
certain milk requirements; eliminating a requirement on sale of bulk tanks;
repealing the Dairy Trade Practices Act; clarifying certain penalties; amending
Minnesota Statutes 2006, sections 28A.04, subdivision 1; 28A.06; 32.21,
subdivision 4; 32.212; 32.394, subdivision 4; 32.415; repealing Minnesota
Statutes 2006, section 32.213.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 28A.04, subdivision 1, is amended to read:
Subdivision 1.
Application; date of issuance.
(a) No person shall engage in the
business of manufacturing, processing, selling, handling, or storing food without having
first obtained from the commissioner a license for doing such business. Applications for
such license shall be made to the commissioner in such manner and time as required
and upon such forms as provided by the commissioner and shall contain the name and
address of the applicant, address or description of each place of business, and the nature
of the business to be conducted at each place, and such other pertinent information as
the commissioner may require.
(b) A retail or wholesale food handler license shall be issued for the period July 1
to June 30 following and shall be renewed thereafter by the licensee on or before July
1 each year, except thatnew text begin :
new text end
new text begin (1)new text end licenses for all mobile food concession units and retail mobile units deleted text begin shalldeleted text end new text begin mustnew text end be
issued for the period April 1 to March 31, and deleted text begin shalldeleted text end new text begin mustnew text end be renewed thereafter by the
licensee on or before April 1 each yearnew text begin ; and
new text end
new text begin (2) a license issued for a temporary food concession stand must have a license
issuance and renewal date consistent with appropriate statutory provisionsnew text end .
A license for a food broker or for a food processor or manufacturer shall be issued for the
period January 1 to December 31 following and shall be renewed thereafter by the licensee
on or before January 1 of each year, except that a license for a wholesale food processor or
manufacturer operating only at the state fair shall be issued for the period July 1 to June 30
following and shall be renewed thereafter by the licensee on or before July 1 of each year.
A penalty for a late renewal shall be assessed in accordance with section 28A.08.
(c) A person applying for a new license up to 14 calendar days before the effective
date of the new license period under paragraph (b) must be issued a license for the 14 days
and the next license year as a single license and pay a single license fee as if the 14 days
were part of the upcoming license period.
Sec. 2.
Minnesota Statutes 2006, section 28A.06, is amended to read:
28A.06 EXTENT OF LICENSE.
No person, except as described in sections 27.03 and 27.04, shall be required to
hold more than one license in order to engage in any aspect of food handling described
in section 28A.05 provided, that each issued license shall be valid for no more than one
place of business, except that a license for a mobile unit or anew text begin retail food vehicle,new text end portable
structurenew text begin , or cartnew text end is valid statewide and is required to be issued only once each year unless
the licensee fails to display the license as required by section 28A.07new text begin or it is a seasonal
permanent food stand, seasonal temporary food stand, food cart, or special event food
stand as defined in section 157.15, in which case the duration of the license is restricted by
the limitations found in the definitions in section 157.15new text end .
Sec. 3.
Minnesota Statutes 2006, section 32.21, subdivision 4, is amended to read:
Subd. 4.
Penalties.
(a) A person, other than a milk producer, who violates this
section is guilty of a misdemeanor or subject to a civil penalty up to $1,000.
(b) A milk producer may not change milk plants within 30 days, without permission
of the commissioner, after receiving notification from the commissioner under paragraph
(c) or (d) that the milk producer has violated this section.
(c) A milk producer who violates subdivision 3, clause (1), (2), (3), (4), or (5), is
subject to clauses (1) to (3) of this paragraph.
(1) Upon notification of the first violation in a 12-month period, the producer must
meet with the qualified dairy sanitarian to initiate corrective action within 30 days.
(2) Upon the second violation within a 12-month period, the producer is subject to
a civil penalty of $300. The commissioner shall notify the producer by certified mail
stating the penalty is payable in 30 days, the consequences of failure to pay the penalty,
and the consequences of future violations.
(3) Upon the third violation within a 12-month period, the producer is subject to
an additional civil penalty of $300 and possible revocation of the producer's permit or
certification. The commissioner shall notify the producer by certified mail that all civil
penalties owed must be paid within 30 days and that the commissioner is initiating
administrative procedures to revoke the producer's permit or certification to sell milk
for at least 30 days.
(d) The producer's shipment of milk must be immediately suspended if the producer
is identified as an individual source of milk containing residues causing a bulk load of
milk to test positive in violation of subdivision 3, clause (6) or (7). The Grade A or
manufacturing grade permit must be converted to temporary status for not more than
30 days and shipment may resume only after subsequent milk has been sampled by
the commissioner or the commissioner's agent and found to contain no residues above
established tolerances or safe levels.
The Grade A or manufacturing grade permit may be restored if the producer
completes the "Milk and Dairy Beef Residue Prevention Protocol" with a licensed
veterinarian, displays the signed certificate in the milkhouse, and sends verification to the
commissioner within the 30-day temporary permit status period. If the producer does
not comply within the temporary permit status period, the Grade A or manufacturing
grade permit must be suspended. A milk producer whose milk supply is in violation of
subdivision 3, clause (6) or (7), and has caused a bulk load to test positive is subject to
clauses (1) to (3) of this paragraph.
(1) For the first violation in a 12-month period, the penalty is the value of all milk on
the contaminated load plus any costs associated with the disposition of the contaminated
load. Future pickups are prohibited until subsequent testing reveals the milk is free of
drug residue. A farm inspection must be completed by a qualified dairy sanitarian and
the producer to determine the cause of the residue and actions required to prevent future
violations.
(2) For the second violation in a 12-month period, the penalty is the value of all
milk on the contaminated load plus any costs associated with the disposition of the
contaminated load. Future pickups are prohibited until subsequent testing reveals the milk
is free of drug residue. A farm inspection must be completed by deleted text begin the regulatory agency
or its agentdeleted text end new text begin a qualified dairy sanitariannew text end to determine the cause of the residue and actions
required to prevent future violations.
(3) For the thirdnew text begin or subsequentnew text end violation in a 12-month period, the penalty is the value
of all milk on the contaminated load plus any costs associated with the disposition of the
contaminated load. Future pickups are prohibited until subsequent testing reveals the milk
is free of drug residue. The commissioner or the commissioner's agent shall also notify the
producer by certified mail that the commissioner is initiating administrative procedures to
revoke the producer's deleted text begin rightdeleted text end new text begin permit or certificationnew text end to sell milk for a minimum of 30 days.
(4) If a bulk load of milk tests negative for residues and there is a positive producer
sample on the load, no civil penalties may be assessed to the producer. The plant must
report the positive result within 24 hours and reject further milk shipments from that
producer until the producer's milk tests negative. A farm inspection must be completed
by deleted text begin the plant representative and the producerdeleted text end new text begin a qualified dairy sanitariannew text end to determine the
cause of the residue and actions required to prevent future violations. The department
shall suspend the producer's permit and count the violation on the producer's record. The
Grade A or manufacturing grade permit must be converted to temporary status for not
more than 30 days during which time the producer must review the "Milk and Dairy Beef
Residue Prevention Protocol" with a licensed veterinarian, display the signed certificate
in the milkhouse, and send verification to the commissioner. If these conditions are met,
the Grade A or manufacturing grade permit must be reinstated. If the producer does not
comply within the temporary permit status period, the Grade A or manufacturing grade
permit must be suspended.
(e) A milk producer that has been certified as completing the "Milk and Dairy Beef
Residue Prevention Protocol" within 12 months of the first violation of subdivision 3,
clause (7), need only review the cause of the violation with a field service representative
within three days to maintain Grade A or manufacturing grade permit and shipping status
if all other requirements of this section are met.
(f) Civil penalties collected under this section must be deposited in the milk
inspection services account established in this chapter.
Sec. 4.
Minnesota Statutes 2006, section 32.212, is amended to read:
32.212 MILK HOUSES FOR BULK TANKS.
Any producer using a bulk tank for cooling and storage of milk to be used for
manufacturing purposes shall have an enclosed milk room which shall conform to the
standards provided by this sectiondeleted text begin and section 32.213deleted text end . The floor shall be constructed of
concrete or other impervious material, maintained in good repair, and graded to provide
proper drainage. The walls and ceilings of the room shall be sealed and constructed
of smooth easily cleaned material. All windows shall be screened and doors shall be
self-closing. It shall be well ventilated and must meet the following requirements:
(1) The bulk tank shall not be located over a drain or under a ventilator.
(2) The hose port shall be located in an exterior wall and fitted with a tight
self-closing door.
(3) Each milk room shall have an adequate supply of water readily accessible with
facilities for heating the water, to insure the cleaning and sanitizing of the bulk tank,
utensils and equipment and the keeping of the milk room clean.
(4) No lights shall be placed directly over the bulk tank.
(5) The bulk tank shall be properly located in the milk room for easy access to all
areas for cleaning and servicing.
(6) The milkhouse shall be used only for storage of milk, milk utensils, and supplies
incidental to the production of milk.
(7) This section deleted text begin and section 32.213 aredeleted text end new text begin isnew text end effective for all bulk tanks for milk
produced for manufacturing purposes.
(8) No milk processor shall buy milk from any producer of milk using a bulk
tank to be used for manufacturing purposes unless such producer has complied with the
provisions of this section.
(9) After July 1, 1965, no person shall install a bulk tank except in a milk room or
milkhouse which complies with the provisions of this sectiondeleted text begin and section 32.213deleted text end .
(10) The enforcement of this section deleted text begin and section 32.213deleted text end shall be administered by
the Minnesota Department of Agriculture.
(11) Any person violating any provisions of this section deleted text begin and section 32.213deleted text end shall be
punished by a fine of not more than $50.
Sec. 5.
Minnesota Statutes 2006, section 32.394, subdivision 4, is amended to read:
Subd. 4.
Rules.
The commissioner shall by rule deleted text begin promulgatedeleted text end new text begin adoptnew text end identity,
productionnew text begin ,new text end and processing standards for milk, milk productsnew text begin ,new text end and goat milk which are
intended to bear the Grade A label.
In the exercise of the authority to establish requirements for Grade A milk, milk
products, and goat milk, the commissioner adopts definitions, standards of identity, and
requirements for production and processing contained in the "deleted text begin 2001 deleted text end Grade A Pasteurized
Milk Ordinance" deleted text begin and the "1995 Grade A Condensed and Dry Milk Ordinance"deleted text end of the
United States Department of Health and Human Services, in a manner provided for and
not in conflict with law.
Sec. 6.
Minnesota Statutes 2006, section 32.415, is amended to read:
32.415 MILK FOR MANUFACTURING; QUALITY STANDARDS.
(a) The commissioner may adopt rules to provide uniform quality standards,
and producers of milk used for manufacturing purposes shall conform to the
standards contained in Subparts B, C, D, E, and F of the United States Department of
Agriculture Consumer and Marketing Service Recommended Requirements for Milk
for Manufacturing Purposes and its Production and Processing, deleted text begin as revised through June
17, 2002,deleted text end except that the commissioner shall develop methods by which producers can
comply with the standards without violation of religious beliefs.
(b) The commissioner shall perform or contract for the performance of the
inspections necessary to implement this section or shall certify dairy industry personnel to
perform the inspections.
(c) The commissioner and other employees of the department shall make every
reasonable effort to assist producers in achieving the milk quality standards at minimum
cost and to use the experience and expertise of the University of Minnesota and the
Agricultural Extension Service to assist producers in achieving the milk quality standards
in the most cost-effective manner.
(d) The commissioner shall consult with producers, processors, and others involved
in the dairy industry in order to prepare for the implementation of this section including
development of informational and educational materials, meetings, and other methods of
informing producers about the implementation of standards under this section.
Sec. 7. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2006, section 32.213
new text end
new text begin
is repealed.
new text end