SF 2294

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to commerce; adopting the Country of Origin
Labeling Act; prescribing penalties; proposing coding
for new law as Minnesota Statutes, chapter 31C.

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

Section 1. new text begin SHORT TITLE.
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new text begin Sections 1 to 5 may be cited as the "Country of Origin
Labeling Act."
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Sec. 2.

new text begin [31C.01] DEFINITIONS.
new text end

new text begin For the purposes of sections 31C.01 to 31C.05, the
following terms have the meanings given them:
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new text begin (1) "department" means the Department of Agriculture;
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new text begin (2) "label" has the meaning given in section 31.01;
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new text begin (3) "labeling" has the meaning given in section 31.01;
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new text begin (4) "package" has the meaning given in section 31.01; and
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new text begin (5) "person" means an individual, partnership, corporation,
company, society, or association.
new text end

Sec. 3.

new text begin [31C.02] LABELING.
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new text begin (a) All producers, growers, and shippers of beef, pork,
poultry, or lamb in this state are permitted to label each
individual portion, piece, or package of beef, pork, poultry, or
lamb in a conspicuous place as legibly, indelibly, and
permanently as the nature of the commodity will permit, in a
manner that indicates to an ultimate purchaser that the product
was produced in Minnesota.
new text end

new text begin (b) Muscle cuts and ground beef, pork, poultry, or lamb,
including any package that contains any blending of foreign and
domestic product, that is produced in any country other than the
United States and offered for retail sale in Minnesota must be
labeled with a placard in a manner that indicates to an ultimate
purchaser the country of origin.
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new text begin (c) If one of the products enumerated in paragraph (b) is
unlabeled and the retail vendor is unable to determine its
country of origin, the product must be labeled with a placard as
"country of origin unknown."
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new text begin (d) All retail vendors engaged in the business of selling
products that are labeled or identified as to country of origin
are prohibited from willfully or knowingly removing the labels
or identifying marks.
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new text begin (e) A label is not required for prepared foods for
immediate sale or ready to eat.
new text end

Sec. 4.

new text begin [31C.03] PENALTIES.
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new text begin (a) A person engaged in the business of retail vending of
muscle cuts and ground beef, pork, poultry, or lamb who
knowingly or purposely offers those products for sale without
ensuring that the products are clearly labeled as to the country
of origin, as provided in section 31C.02, paragraph (b), is
subject to the following penalties:
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new text begin (1) for a first offense, a vendor shall be fined an amount
not to exceed $100;
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new text begin (2) for a second offense, a vendor shall be fined an amount
not to exceed $250; and
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new text begin (3) for a third or subsequent offense, a vendor shall be
fined an amount not to exceed $500.
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new text begin (b) A person engaged in the business of retail vending of
beef, pork, poultry, or lamb who knowingly removes any labels or
identifying marks from beef, pork, poultry, or lamb that is
labeled as to the country of origin is guilty of a misdemeanor
and upon conviction shall be fined an amount not to exceed $500
or be imprisoned in the county jail for a term not to exceed six
months, or both.
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Sec. 5.

new text begin [31C.04] RULEMAKING.
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new text begin (a) The department may develop, adopt, and administer rules
for the efficient enforcement of sections 31C.01 to 31C.05. The
rules adopted by the department may include but are not limited
to:
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new text begin (1) statements that delineate the difference between
imported and unimported raw agricultural commodities for the
purpose of sections 31C.01 to 31C.05;
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new text begin (2) the preferred labeling or placarding method for each
commodity type identified in sections 31C.01 to 31C.05; and
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new text begin (3) other rules that the department considers necessary to
enforce sections 31C.01 to 31C.05.
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new text begin (b) The rules adopted to implement sections 31C.01 to
31C.04 may not unduly restrict a person from conducting business.
new text end

Sec. 6.

new text begin [31C.05] CONTINGENT VOIDNESS.
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new text begin Upon the funding and full implementation of federal
mandatory country of origin labeling, adopted as part of the
2002 federal farm bill, sections 1; 2, clauses (1), (3), (5),
and (6); 3, paragraphs (b) to (e); 4; and 5 are void.
new text end

Sec. 7. new text begin EFFECTIVE DATES.
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new text begin (a) Except as provided in paragraph (b), this act is
effective October 1, 2006.
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new text begin (b) Section 3, paragraph (a), and this section are
effective upon final enactment.
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