SF 2205

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; changing provisions of the 
  1.3             consolidated food licensing law; amending Minnesota 
  1.4             Statutes 1994, sections 28A.04, subdivision 1; 28A.09, 
  1.5             subdivision 1; 28A.15, subdivisions 7 and 8; 28A.16; 
  1.6             and 28A.17; Minnesota Statutes 1995 Supplement, 
  1.7             sections 28A.03; and 28A.08, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.10  28A.03, is amended to read: 
  1.11     28A.03 [DEFINITIONS.] 
  1.12     As used in Subdivision 1.  [SCOPE.] The definitions in this 
  1.13  section apply to sections 28A.01 to 28A.16 the terms defined in 
  1.14  this section shall have the following meanings:. 
  1.15     (a) Subd. 2.  [COMMISSIONER.] "Commissioner" means the 
  1.16  commissioner of agriculture of the state of Minnesota. 
  1.17     (b) Subd. 3.  [PERSON.] "Person" means any individual, 
  1.18  firm, corporation, company, association, cooperative, or 
  1.19  partnership and includes any trustee, receiver, assignee, or 
  1.20  other similar representative thereof. 
  1.21     (c) Subd. 4.  [PLACE OF BUSINESS.] "Place of business" 
  1.22  means every location where food or food items are manufactured, 
  1.23  processed, sold, stored, or handled, including buildings, 
  1.24  locations, permanent or portable structures, carnivals, 
  1.25  circuses, fairs, or any other permanent or temporary location. 
  1.26     Any vehicle or similar mobile unit from which food is sold 
  2.1   shall be considered a place of business for purposes of this 
  2.2   section if the food therefrom has been manufactured, packaged or 
  2.3   dispensed from bulk, or processed in any manner thereon. 
  2.4      (d) Subd. 5.  [FOOD.] "Food" includes every article used 
  2.5   for, entering into the consumption of, or used or intended for 
  2.6   use in the preparation of food, drink, confectionery, or 
  2.7   condiment for humans, whether simple, mixed or compound. 
  2.8      (1) (a) "Perishable food" is food which includes, but is 
  2.9   not limited to fresh fruits, fresh vegetables, and other 
  2.10  products which need protection from extremes of temperatures in 
  2.11  order to avoid decomposition by microbial growth or otherwise. 
  2.12     (2) (b) "Readily perishable food" is food or a food 
  2.13  ingredient consisting in whole or in part of milk, milk 
  2.14  products, eggs, meat, fish, poultry or other food or food 
  2.15  ingredient which is capable of supporting rapid and progressive 
  2.16  growth of infectious or toxigenic microorganisms. 
  2.17     (3) (c) "Frozen food" is food which is processed and 
  2.18  preserved by freezing in accordance with good commercial 
  2.19  practices and which is intended to be sold in the frozen state. 
  2.20     (4) (d) For the purposes of this definition, packaged food 
  2.21  in hermetically sealed containers processed by heat to prevent 
  2.22  spoilage; packaged pickles; jellies, jams and condiments in 
  2.23  sealed containers; bakery products such as bread, rolls, buns, 
  2.24  donuts, fruit-filled pies and pastries; dehydrated packaged 
  2.25  food; and dry or packaged food so low in moisture content as to 
  2.26  preclude development of microorganisms are not "perishable 
  2.27  food," "readily perishable food," or "frozen food" within the 
  2.28  meaning of definitions (1), (2) and (3) herein paragraphs (a), 
  2.29  (b), and (c), when they are stored and handled in accordance 
  2.30  with good commercial practices. 
  2.31     (e) "Nonperishable food" is food described in paragraph (d) 
  2.32  with a shelf life of more than 90 days. 
  2.33     (e) Subd. 6.  [SELL; SALE.] "Sell" and "sale" 
  2.34  includes include the keeping, offering, or exposing for sale, 
  2.35  use, transporting, transferring, negotiating, soliciting, or 
  2.36  exchange of food, the having in possession with intent to sell, 
  3.1   use, transport, negotiate, solicit, or exchange the same and the 
  3.2   storing, or carrying thereof in aid of traffic therein whether 
  3.3   done or permitted in person or through others. 
  3.4      (f) Subd. 7.  [PRINCIPAL MODE OF BUSINESS.] "Principal mode 
  3.5   of business" means that type of business described under either 
  3.6   paragraph (a), (b), (c) or (d) in section 28A.05 within which 
  3.7   category the greatest amount of the applicant's food business 
  3.8   lies. 
  3.9      (g) Subd. 8.  [CUSTOM PROCESSOR.] "Custom processor"  means 
  3.10  a person who slaughters animals or processes noninspected meat 
  3.11  for the owner of the animals, and returns the meat products 
  3.12  derived from the slaughter or processing to the owner.  "Custom 
  3.13  processor" does not include a person who slaughters animals or 
  3.14  poultry or processes meat for the owner of the animals or 
  3.15  poultry on the farm or premises of the owner of the animals, 
  3.16  meat, or poultry.  For the purpose of this clause, "animals" or 
  3.17  "meat" do not include poultry or game animals or meat derived 
  3.18  therefrom. 
  3.19     (h) Subd. 9.  [MAJOR VIOLATIONS.] "Major violation" 
  3.20  includes conditions that cause food products to become 
  3.21  adulterated, as defined in section 31.121, or fraudulently 
  3.22  misbranded, as defined in section 31.123.  
  3.23     Sec. 2.  Minnesota Statutes 1994, section 28A.04, 
  3.24  subdivision 1, is amended to read: 
  3.25     Subdivision 1.  [APPLICATION; DATE OF ISSUANCE.] No person 
  3.26  shall engage in the business of manufacturing, processing, 
  3.27  selling, handling, or storing food without having first obtained 
  3.28  from the commissioner a license for doing such business.  
  3.29  Applications for such license shall be made to the commissioner 
  3.30  in such manner and time as required and upon such forms as 
  3.31  provided by the commissioner and shall contain the name and 
  3.32  address of the applicant, address or description of each place 
  3.33  of business, and the nature of the business to be conducted at 
  3.34  each place, and such other pertinent information as the 
  3.35  commissioner may require. 
  3.36     A retail or wholesale food handler license shall be issued 
  4.1   for the period July 1 to June 30 following and shall be renewed 
  4.2   thereafter by the licensee on or before July 1 each year, except 
  4.3   that licenses for all mobile food concession units and retail 
  4.4   mobile units shall be issued for the period April 1 to March 31, 
  4.5   and shall be renewed thereafter by the licensee on or before 
  4.6   April 1 each year.  A license for a food broker or for a food 
  4.7   processor or manufacturer shall be issued for the period January 
  4.8   1 to December 31 following and shall be renewed thereafter by 
  4.9   the licensee on or before January 1 of each year.  A penalty for 
  4.10  a late renewal shall be assessed in accordance with section 
  4.11  28A.08. 
  4.12     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  4.13  28A.08, subdivision 1, is amended to read: 
  4.14     Subdivision 1.  [GENERAL.] License fees, penalties for late 
  4.15  renewal of licenses, and penalties for not obtaining a license 
  4.16  before conducting business in food handling that are set in this 
  4.17  section apply to the sections named except as provided under 
  4.18  section 28A.09.  Except as specified herein, bonds and 
  4.19  assessments based on number of units operated or volume handled 
  4.20  or processed which are provided for in said laws shall not be 
  4.21  affected, nor shall any penalties for late payment of said 
  4.22  assessments, nor shall inspection fees, be affected by this 
  4.23  chapter.  The penalties may be waived by the commissioner.  Fees 
  4.24  for all new licenses must be based on the anticipated future 
  4.25  gross annual food sales.  
  4.26     Sec. 4.  Minnesota Statutes 1994, section 28A.09, 
  4.27  subdivision 1, is amended to read: 
  4.28     Subdivision 1.  [ANNUAL FEE; EXCEPTIONS.] Every 
  4.29  coin-operated food vending machine is subject to an annual state 
  4.30  inspection fee of $15 for each nonexempt machine except nut 
  4.31  vending machines which are subject to an annual state inspection 
  4.32  fee of $5 for each machine, provided that: 
  4.33     (a) Food vending machines may be inspected by either a home 
  4.34  rule charter or statutory city, or a county, but not both, and 
  4.35  if inspected by a home rule charter or statutory city, or a 
  4.36  county they shall not be subject to the state inspection fee, 
  5.1   but the home rule charter or statutory city, or the county may 
  5.2   impose an inspection or license fee of no more than the state 
  5.3   inspection fee.  A home rule charter or statutory city or county 
  5.4   that does not inspect food vending machines shall not impose a 
  5.5   food vending machine inspection or license fee. 
  5.6      (b) Vending machines dispensing only gum balls, hard candy, 
  5.7   unsorted confections candy, or ice manufactured and packaged by 
  5.8   another shall be exempt from the state inspection fee, but may 
  5.9   be inspected by the state.  A home rule charter or statutory 
  5.10  city may impose by ordinance an inspection or license fee of no 
  5.11  more than the state inspection fee for nonexempt machines on the 
  5.12  vending machines described in this paragraph.  A county may 
  5.13  impose by ordinance an inspection or license fee of no more than 
  5.14  the state inspection fee for nonexempt machines on the vending 
  5.15  machines described in this paragraph which are not located in a 
  5.16  home rule charter or statutory city.  
  5.17     (c) Vending machines dispensing only bottled or canned soft 
  5.18  drinks are exempt from the state, home rule charter or statutory 
  5.19  city, and county inspection fees, but may be inspected by the 
  5.20  commissioner or the commissioner's designee. 
  5.21     Sec. 5.  Minnesota Statutes 1994, section 28A.15, 
  5.22  subdivision 7, is amended to read: 
  5.23     Subd. 7.  Persons whose principal business is not food 
  5.24  handling but who sell only ice manufactured and prepackaged by 
  5.25  another or, such nonperishable items as bottled or canned soft 
  5.26  drinks, prepackaged confections candy or nuts at retail, or 
  5.27  persons who for their own convenience or the convenience of 
  5.28  their employees have available for rehydration and consumption 
  5.29  on the premises such nonperishable items as dehydrated coffee, 
  5.30  soup, hot chocolate or other dehydrated food or beverage. 
  5.31     Sec. 6.  Minnesota Statutes 1994, section 28A.15, 
  5.32  subdivision 8, is amended to read: 
  5.33     Subd. 8.  A licensed pharmacy selling only food additives, 
  5.34  food supplements, canned or prepackaged infant formulae, ice 
  5.35  manufactured and packaged by another, or such nonperishable food 
  5.36  items as bottled or canned soft drinks and prepackaged 
  6.1   confections candy or nuts at retail. 
  6.2      Sec. 7.  Minnesota Statutes 1994, section 28A.16, is 
  6.3   amended to read: 
  6.4      28A.16 [PERSONS SELLING LIQUOR.] 
  6.5      The provisions of the Minnesota consolidated food licensing 
  6.6   law, sections 28A.01 to 28A.16 and acts amendatory thereto, 
  6.7   shall not apply to persons licensed to sell 3.2 percent malt 
  6.8   liquor "on-sale" as provided in section 340A.403, or to persons 
  6.9   licensed to sell intoxicating liquors "on-sale" or "off-sale" as 
  6.10  provided in sections 340A.404 to 340A.407, provided that these 
  6.11  persons sell only ice manufactured and packaged by another, or 
  6.12  such nonperishable food items as bottled or canned soft drinks 
  6.13  and prepacked confections candy at retail.  
  6.14     Sec. 8.  Minnesota Statutes 1994, section 28A.17, is 
  6.15  amended to read: 
  6.16     28A.17 [LICENSE RENEWAL.] 
  6.17     Licenses for food processors or manufacturers or food 
  6.18  brokers shall be renewed annually on January 1.  Licenses for 
  6.19  retail and wholesale food handlers shall be renewed annually on 
  6.20  July 1.  Licenses for mobile food concessions and for retail 
  6.21  mobile units shall be renewed annually on April 1. 
  6.22     Sec. 9.  [EFFECTIVE DATE; APPLICATION.] 
  6.23     Section 2 is effective April 1, 1997, and applies to 
  6.24  licenses issued for mobile food concession and retail mobile 
  6.25  units beginning with the April 1, 1997, to March 31, 1998, 
  6.26  period.  License fees for the nine-month period July 1, 1996, to 
  6.27  March 31, 1997, for mobile food concession and retail mobile 
  6.28  units will be prorated at 75 percent of the fee schedule in 
  6.29  effect on July 1, 1996, rounded to the nearest dollar.