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SF 1941

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/10/2021 03:46pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to agriculture; establishing the Minnesota Food Freedom Act; exempting
homemade food sellers from certain statutes; preempting application of certain
local ordinances to homemade food sellers; amending Minnesota Statutes 2020,
section 28A.152; proposing coding for new law in Minnesota Statutes, chapter
28A.

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

Section 1.

new text begin [28A.1515] MINNESOTA FOOD FREEDOM ACT.
new text end

new text begin Section 28A.152 may be cited as the "Minnesota Food Freedom Act."
new text end

Sec. 2.

Minnesota Statutes 2020, section 28A.152, is amended to read:


28A.152 deleted text beginCOTTAGE FOODS EXEMPTIONdeleted text endnew text begin MARKETING HOMEMADE FOODnew text end.

Subdivision 1.

deleted text beginLicensing provisions applicabilitydeleted text endnew text begin Regulatory exemptionnew text end.

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

deleted 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:
deleted text end

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

deleted 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
deleted text end

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

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

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

deleted 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
deleted text end

deleted 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 individual who processed and canned the
goods, the date on which the goods were processed and canned, and ingredients and any
possible allergens.
deleted text end

deleted 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.
deleted text end

new text begin (a) Notwithstanding other provisions in this chapter, chapters 31 and 34A, or other law,
state and local food safety licensing, permitting, certification, inspection, packaging, and
labeling requirements do not apply to a person who prepares and sells homemade food
directly to an informed end consumer for home consumption. The person must inform the
end consumer orally or in writing that the person and the food product are not subject to
food licensing or inspection requirements.
new text end

new text begin (b) For purposes of this section:
new text end

new text begin (1) "homemade" means food prepared in a private home kitchen;
new text end

new text begin (2) "home consumption" means consumption by an informed end consumer or the
informed end consumer's family member, employee, or nonpaying guest in a private home;
and
new text end

new text begin (3) "informed end consumer" means a person that purchases a homemade food product
for home consumption if the person has been informed that the product and its producer are
not subject to food safety licensing or inspections.
new text end

new text begin (c) This section must not be construed to impede a food borne illness investigation by
the commissioner or the commissioner of health.
new text end

Subd. 2.

Direct sales to consumers.

(a) deleted text beginAn individualdeleted text end new text beginA person new text endqualifying for an
exemption under subdivision 1 may sell deleted text beginthe exemptdeleted text end new text beginhomemade new text endfood:

(1) directly to deleted text beginthe ultimatedeleted text end new text beginan informed end new text endconsumer at a community event or farmers'
market;

(2) directly from the individual's home to deleted text beginthe ultimatedeleted text end new text beginan informed end new text endconsumerdeleted text begin, to the
extent allowed by local ordinance
deleted text end; or

(3) through donation to a community event with the purpose of fund-raising for an
individual, or fund-raising for an educational, charitable, or religious organization.

(b) If an exempt food product will be delivered to deleted text beginthe ultimatedeleted text endnew text begin an informed endnew text end consumer
upon sale of the food product, the deleted text beginindividualdeleted text endnew text begin personnew text end who prepared the food product must
deleted text begin be the person who deliversdeleted text endnew text begin delivernew text end the food product to the deleted text beginultimatedeleted text endnew text begin informed endnew text end consumer.

(c) new text beginHomemade new text endfood products exempt under deleted text beginsubdivision 1, paragraph (a), clause (2),deleted text end new text beginthis
section
new text endmay not be sold outside of Minnesota.

(d) Food products exempt under deleted text beginsubdivision 1deleted text endnew text begin this sectionnew text end may be sold over the Internet
but must be delivered directly to deleted text beginthe ultimatedeleted text endnew text begin an informed endnew text end consumer by the deleted text beginindividualdeleted text end
new text begin person new text endwho prepared the new text beginhomemade new text endfood deleted text beginproductdeleted text end. deleted text beginThe statement "These products are
homemade and not subject to state inspection." must be displayed on the website that offers
the exempt foods for purchase.
deleted text end

Subd. 3.

Limitation on sales.

deleted 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.
deleted text end new text begin Transactions
under this section must not involve the sale of meat products except:
new text end

new text begin (1) live animals intended for slaughter; or
new text end

new text begin (2) portions of animals sold for future delivery if the animals are processed by the
informed end user or a processor licensed by the commissioner or the United States
Department of Agriculture.
new text end

Subd. 4.

Registrationnew text begin not requirednew text end.

deleted text beginAn individualdeleted text endnew text begin The commissioner must not require
a person
new text end who prepares and sells exempt new text beginhomemade new text endfood deleted text beginunder subdivision 1 mustdeleted text end new text beginto new text endregister
deleted text begin annuallydeleted text end with the commissioner. deleted text beginThe annual registration fee is $50. An individual with
$5,000 or less in annual gross receipts from the sale of exempt food under this section is
not required to pay the registration fee.
deleted text end

Subd. 5.

Trainingnew text begin not requirednew text end.

deleted text begin(a) An individual with gross receipts between $5,000
and $18,000 in a calendar year from the sale of exempt food under this section must
deleted text endnew text begin The
commissioner may provide but must not require a person to
new text end complete deleted text beginadeleted text endnew text begin an onlinenew text end safe food
handling training course deleted text beginthat is approved by the commissioner before registering under
subdivision 4. The training shall not exceed eight hours and must be completed every three
years while the individual is registered under subdivision 4
deleted text end.

deleted text begin (b) An individual with gross receipts of less than $5,000 in a calendar year from the sale
of exempt food under this section must satisfactorily complete an online course and exam
as approved by the commissioner before registering under subdivision 4.
deleted text end The commissioner
shall offer the online course deleted text beginand examdeleted text end under this deleted text beginparagraphdeleted text endnew text begin subdivisionnew text end at no cost to deleted text beginthe
individual
deleted text endnew text begin a personnew text end.new text begin This section does not preclude the commissioner from providing
assistance or consultation to a person that prepares and sells homemade food.
new text end

Subd. 6.

Local ordinances.

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

new text begin (b) This section preempts the application of any food safety licensing, permitting,
certification, inspection, packaging, or labeling ordinance of a political subdivision to a
person selling homemade food under this section.
new text end

Subd. 7.

Account established.

A deleted text begincottage foodsdeleted text end new text beginhomemade food new text endaccount is created as a
separate account in the agricultural fund in the state treasury for depositing money received
by the commissioner deleted text beginunder this sectiondeleted text endnew text begin for purposes of this sectionnew text end. Money in the account,
including interest, is appropriated to the commissioner for new text beginthese new text endpurposes deleted text beginof this sectiondeleted text end.