SF 2060

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/01/2014 11:50am

A bill for an act
relating to food safety; providing a definition of farmers' market; permitting
food product sampling and demonstration in certain circumstances; amending
Minnesota Statutes 2012, section 157.15, subdivision 13; 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.151] FARMERS' MARKET OR COMMUNITY EVENT; FOOD
PRODUCT SAMPLING AND DEMONSTRATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given them.
new text end

new text begin (b) "Farmers' market" means an association of three or more persons who assemble
at a defined public location that is open to the public for the purpose of selling directly
to the consumer the products of a farm or garden occupied and cultivated by the person
selling the product.
new text end

new text begin (c) "Food product sampling" means distributing to individuals at a farmers' market
or community event, for promotional or educational purposes, small portions of a food
item that include as a main ingredient a product sold by the vendor at the farmers' market
or community event. For purposes of this subdivision, "small portion" means a portion
that is no more than three ounces of food or beverage.
new text end

new text begin (d) "Food product demonstration" means cooking or preparing food products to
distribute to individuals at a farmers' market or community event for promotional or
educational purposes.
new text end

new text begin Subd. 2. new text end

new text begin Food sampling and demonstration. new text end

new text begin The licensing provisions of sections
28A.01 to 28A.16 shall not apply to persons engaged in food product sampling or food
product demonstrations.
new text end

new text begin Subd. 3. new text end

new text begin Food required to be provided at no cost. new text end

new text begin Food provided through food
product sampling or food product demonstrations must be provided at no cost to the
individual.
new text end

new text begin Subd. 4. new text end

new text begin Regulatory authority oversight. new text end

new text begin Any person conducting food product
sampling or food product demonstrations shall provide to the regulatory authority upon
request the following information related to the food product sampling or food product
demonstration conducted by the person:
new text end

new text begin (1) the source of the food used in the sampling or demonstration and whether or not
the food was produced at the person's farm or garden;
new text end

new text begin (2) the type and volume of food to be served, held, prepared, packaged, or otherwise
provided for human consumption;
new text end

new text begin (3) the equipment used to serve, hold, prepare, package, or otherwise provide food
for human consumption;
new text end

new text begin (4) the time period and location of the food product sampling or food product
demonstration;
new text end

new text begin (5) the availability of facilities for hand washing by persons conducting the food
product sampling or food product demonstrations;
new text end

new text begin (6) information on facilities available for ware washing of multiuse utensils and
equipment;
new text end

new text begin (7) the available source of water; and
new text end

new text begin (8) methods of liquid and solid waste disposal.
new text end

new text begin Subd. 5. new text end

new text begin Food safety and equipment standards. new text end

new text begin Any person conducting food
product sampling or food product demonstrations shall meet the same food safety and
equipment standards that are required of a special event food stand in Minnesota Rules,
parts 4626.1855, items B to O, Q, and R; and 4626.0330.
new text end

new text begin Subd. 6. new text end

new text begin Definition exception. new text end

new text begin The definition of farmers' market in subdivision
1, paragraph (b), does not prohibit a farmers' market association from establishing a
definition of farmers' market that applies to its membership that is more restrictive than
the definition in subdivision 1, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2012, section 157.15, subdivision 13, is amended to read:

Subd. 13.

Seasonal temporary food stand.

new text begin (a) new text end "Seasonal temporary food
stand" means a food and beverage service establishment that is a food stand which is
disassembled and moved from location to location, but which operates new text begin for new text end no more than
21 days annually at any one location new text begin , except as provided in paragraph (b) new text end .

new text begin (b) A seasonal temporary food stand may operate for more than 21 days annually at
any one place with the approval of the regulatory authority, as defined in Minnesota Rules,
part 4626.0020, subpart 70, that has jurisdiction over the seasonal temporary food stand.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end