SF 3327

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to agriculture; authorizing waiver of certain fees and expedited food
handler plan review in certain declared disaster areas; changing certain embargo
and condemnation provisions; changing certain food sanitary provisions;
changing certain fee provisions; defining certain terms; regulating egg sales
and handling; increasing the somatic cell count limit for goat milk; amending
Minnesota Statutes 2006, sections 28A.03, by adding a subdivision; 28A.08;
28A.082, by adding a subdivision; 28A.09, subdivision 1; 29.23; 31.05; 31.171;
Minnesota Statutes 2007 Supplement, section 31.175; proposing coding for new
law in Minnesota Statutes, chapter 32.

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

Section 1.

Minnesota Statutes 2006, section 28A.03, is amended by adding a
subdivision to read:

new text begin Subd. 10. new text end

new text begin Vending machine. new text end

new text begin "Vending machine" means a self-service device that,
upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of
food in bulk or in packages without the necessity of replenishing the device between
each vending operation.
new text end

Sec. 2.

Minnesota Statutes 2006, section 28A.08, is amended to read:

28A.08 LICENSE FEES; PENALTIES.

Subdivision 1.

General.

License fees, penalties for late renewal of licenses, and
penalties for not obtaining a license before conducting business in food handling that are
set in this section apply to the sections named except as provided under section 28A.09.
Except as specified herein, bonds and assessments based on number of units operated or
volume handled or processed which are provided for in said laws shall not be affected,
nor shall any penalties for late payment of said assessments, nor shall inspection fees, be
affected by this chapter. The penalties may be waived by the commissioner. Fees for all
new licenses must be based on the anticipated future gross annual food sales. new text begin If a firm is
found to be operating for multiple years without paying license fees, the state may collect
the appropriate fees and penalties for each year of operation. new text end

Subd. 3.

Fees effective July 1, 2003.

				Penalties
Type of food handler			License Fee Effective July 1, 2003	Late Renewal	No License
1.	Retail food handler
	(a) Having gross sales of only prepackaged nonperishable food of less than $15,000 for the immediately previous license or fiscal year and filing a statement with the commissioner		$ 50	$ 17	$ 33
	(b) Having under $15,000 gross sales new text begin or service new text end including food preparation or having $15,000 to $50,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$ 77	$ 25	$ 51
	(c) Having $50,001 to $250,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$155	$ 51	$102
	(d) Having $250,001 to $1,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$276	$ 91	$ 182
	(e) Having $1,000,001 to $5,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$799	$264	$527
	(f) Having $5,000,001 to $10,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,162	$383	$767
	(g) Having $10,000,001 to $15,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,376	$454	$908
	(h) Having $15,000,001 to $20,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,607	$530	$1,061
	(i) Having $20,000,001 to $25,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,847	$610	$1,219
	(j) Having over $25,000,001 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$2,001	$660	$1,321
2.	Wholesale food handler
	(a) Having gross sales or service of less than $25,000 for the immediately previous license or fiscal year		$ 57	$ 19	$ 38
	(b) Having $25,001 to $250,000 gross sales or service for the immediately previous license or fiscal year		$284	$ 94	$187
	(c) Having $250,001 to $1,000,000 gross sales or service from a mobile unit without a separate food facility for the immediately previous license or fiscal year		$444	$147	$293
	(d) Having $250,001 to $1,000,000 gross sales or service not covered under paragraph (c) for the immediately previous license or fiscal year		$590	$195	$389
	(e) Having $1,000,001 to $5,000,000 gross sales or service for the immediately previous license or fiscal year		$769	$254	$508
	(f) Having $5,000,001 to $10,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$920	$304	$607
	(g) Having $10,000,001 to $15,000,000 gross sales or service for the immediately previous license or fiscal year		$990	$327	$653
	(h) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year		$1,156	$381	$763
	(i) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year		$1,329	$439	$877
	(j) Having over $25,000,001 or more gross sales or service for the immediately previous license or fiscal year		$1,502	$496	$991
3.	Food broker		$150	$ 50	$ 99
4.	Wholesale food processor or manufacturer
	(a) Having gross sales new text begin or service new text end of less than $125,000 for the immediately previous license or fiscal year		$169	$ 56	$112
	(b) Having $125,001 to $250,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$392	$129	$259
	(c) Having $250,001 to $1,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$590	$195	$389
	(d) Having $1,000,001 to $5,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$769	$254	$508
	(e) Having $5,000,001 to $10,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$920	$304	$607
	(f) Having $10,000,001 to $15,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,377	$454	$909
	(g) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year		$1,608	$531	$1,061
	(h) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year		$1,849	$610	$1,220
	(i) Having $25,000,001 to $50,000,000 gross sales or service for the immediately previous license or fiscal year		$2,090	$690	$1,379
	(j) Having $50,000,001 to $100,000,000 gross sales or service for the immediately previous license or fiscal year		$2,330	$769	$1,538
	(k) Having $100,000,000 or more gross sales or service for the immediately previous license or fiscal year		$2,571	$848	$1,697
5.	Wholesale food processor of meat or poultry products under supervision of the U.S. Department of Agriculture
	(a) Having gross sales new text begin or service new text end of less than $125,000 for the immediately previous license or fiscal year		$112	$ 37	$ 74
	(b) Having $125,001 to $250,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$214	$ 71	$141
	(c) Having $250,001 to $1,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$333	$110	$220
	(d) Having $1,000,001 to $5,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$425	$140	$281
	(e) Having $5,000,001 to $10,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$521	$172	$344
	(f) Having over $10,000,001 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$765	$252	$505
	(g) Having $15,000,001 to $20,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$893	$295	$589
	(h) Having $20,000,001 to $25,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,027	$339	$678
	(i) Having $25,000,001 to $50,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,161	$383	$766
	(j) Having $50,000,001 to $100,000,000 gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,295	$427	$855
	(k) Having $100,000,001 or more gross sales new text begin or service new text end for the immediately previous license or fiscal year		$1,428	$471	$942
6.	Wholesale food processor or manufacturer operating only at the State Fair		$125	$ 40	$ 50
7.	Wholesale food manufacturer having the permission of the commissioner to use the name Minnesota Farmstead cheese		$ 30	$ 10	$ 15
8.	Nonresident frozen dairy manufacturer		$200	$ 50	$ 75
9.	Wholesale food manufacturer processing less than 700,000 pounds per year of raw milk		$ 30	$ 10	$ 15
10.	A milk marketing organization without facilities for processing or manufacturing that purchases milk from milk producers for delivery to a licensed wholesale food processor or manufacturer		$ 50	$ 15	$ 25

Sec. 3.

Minnesota Statutes 2006, section 28A.082, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Disaster areas. new text end

new text begin If the governor declares a disaster in an area of the
state, the commissioner of agriculture may waive the plan review fee and direct agency
personnel to expedite the plan review process.
new text end

Sec. 4.

Minnesota Statutes 2006, section 28A.09, subdivision 1, is amended to read:

Subdivision 1.

Annual fee; exceptions.

Every deleted text begin coin-operated deleted text end food vending machine
is subject to an annual state inspection fee of $25 for each nonexempt machine except
nut vending machines which are subject to an annual state inspection fee of $10 for each
machine, provided that:

(a) Food vending machines may be inspected by either a home rule charter or
statutory city, or a county, but not both, and if inspected by a home rule charter or statutory
city, or a county they shall not be subject to the state inspection fee, but the home rule
charter or statutory city, or the county may impose an inspection or license fee of no more
than the state inspection fee. A home rule charter or statutory city or county that does
not inspect food vending machines shall not impose a food vending machine inspection
or license fee.

(b) Vending machines dispensing only gum balls, hard candy, unsorted candy, or ice
manufactured and packaged by another deleted text begin shall be deleted text end new text begin , and water dispensing machines serviced
by a cashier, are new text end exempt from the state inspection fee, but may be inspected by the state. A
home rule charter or statutory city may impose by ordinance an inspection or license fee
of no more than the state inspection fee for nonexempt machines on the vending machines
new text begin and water dispensing machines new text end described in this paragraph. A county may impose
by ordinance an inspection or license fee of no more than the state inspection fee for
nonexempt machines on the vending machines new text begin and water dispensing machines new text end described
in this paragraph which are not located in a home rule charter or statutory city.

(c) Vending machines dispensing only bottled or canned soft drinks are exempt from
the state, home rule charter or statutory city, and county inspection fees, but may be
inspected by the commissioner or the commissioner's designee.

Sec. 5.

Minnesota Statutes 2006, section 29.23, is amended to read:

29.23 GRADING.

Subdivision 1.

Grades, weight classes and standards for quality.

All eggs
purchased on the basis of grade by the first licensed buyer shall be graded in accordance
with grade and weight classes established by the commissioner. The commissioner shall
establish, by rule, and from time to time, may amend or revise, grades, weight classes,
and standards for quality. When grades, weight classes, and standards for quality have
been fixed by the secretary of the Department of Agriculture of the United States, they
deleted text begin may deleted text end new text begin must new text end be accepted and published by the commissioner as definitions or standards for
eggs in interstate new text begin and intrastate new text end commerce.

Subd. 2.

Equipment.

The commissioner shall also by rule provide for minimum
plant and equipment requirements for candling, grading, handling and storing eggs, and
shall define candling. deleted text begin Equipment in use before July 1, 1991, that does not meet the
design and fabrication requirements of this chapter may remain in use if it is in good
repair, capable of being maintained in a sanitary condition, and capable of maintaining a
temperature of 45 degrees Fahrenheit (7 degrees Celsius) or less.
deleted text end

Subd. 3.

Egg temperature.

Eggs must be held at a temperature not to exceed 45
degrees Fahrenheit (7 degrees Celsius) after being received by the egg handler except for
cleaning, sanitizing, grading, and further processing when they must immediately be
placed under refrigeration that is maintained at 45 degrees Fahrenheit (7 degrees Celsius)
or below. Eggs offered for retail sale must be held at a temperature not to exceed deleted text begin 45 deleted text end new text begin 41
new text end degrees Fahrenheit (7 degrees Celsius). deleted text begin Equipment in use prior to August 1, 1991, is not
subject to this requirement. deleted text end new text begin Shell eggs that have been frozen must not be offered for sale
except as approved by the commissioner.
new text end

Subd. 4.

Vehicle temperature.

A vehicle used deleted text begin for the transportation of deleted text end new text begin to transport
new text end shell eggs from a warehouse, retail store, candling and grading facility, or egg holding
facility must have an ambient air temperature of 45 degrees Fahrenheit (7 degrees Celsius)
or below.

Sec. 6.

Minnesota Statutes 2006, section 31.05, is amended to read:

31.05 EMBARGOES AND CONDEMNATIONS.

Subdivision 1.

new text begin Definitions. new text end

new text begin As used in this section, "animals" means cattle, swine,
sheep, goats, poultry, farmed cervidae, as defined in section 35.153, subdivision 3,
llamas, as defined in section 17.455, subdivision 2, ratitae, as defined in section 17.453,
subdivision 3, equines and other large domesticated animals.
new text end

new text begin Subd. 1a. new text end

Tag or notice.

A duly authorized agent of the commissioner who finds or
has probable cause to believe that any food new text begin , animal, new text end or consumer commodity is adulterated
or so misbranded as to be dangerous or fraudulent, or is in violation of section 31.131
shall affix to such article new text begin or animal new text end a tag or other appropriate marking giving notice that
such article new text begin or animal new text end is, or is suspected of being, adulterated or misbranded and has
been detained or embargoed, and warning all persons not to remove or dispose of such
article new text begin or animal new text end by sale or otherwise until permission for removal or disposal is given by
such agent or the court. It shall be unlawful for any person to remove or dispose of such
detained or embargoed article new text begin or animal new text end by sale or otherwise without such permission.

Subd. 2.

Action for condemnation.

When an article new text begin or animal new text end detained or
embargoed under subdivision 1 has been found by such agent to be adulterated, or
misbranded, the agent shall petition the district court in the county in which the article new text begin or
animal new text end is detained or embargoed for an order and decree for the condemnation of such
article new text begin or animal new text end . Any such agent who has found that an article new text begin or animal new text end so detained or
embargoed is not adulterated or misbranded, shall remove the tag or other marking.

Subd. 3.

Remedies.

If the court finds that a detained or embargoed article new text begin or animal new text end
is adulterated or misbranded, such article new text begin or animal new text end shall, after entry of the decree, be
destroyed at the expense of the claimant thereof, under the supervision of such agent, and
all court costs and fees, and storage and other proper expenses, shall be taxed against
the claimant of such article new text begin or animal new text end or the claimant's agent; provided, that when the
adulteration or misbranding can be corrected by proper labeling or processing of the article new text begin
or animal new text end , the court, after entry of the decree and after such costs, fees, and expenses have
been paid and a good and sufficient bond, conditioned that such article new text begin or animal new text end shall be
so labeled or processed, has been executed, may by order direct that such article new text begin or animal new text end
be delivered to claimant thereof for such labeling or processing under the supervision of
an agent of the commissioner. The expense of such supervision shall be paid by claimant.
The article new text begin or animal new text end shall be returned to the claimant and the bond shall be discharged on
the representation to the court by the commissioner that the article new text begin or animal new text end is no longer
in violation and that the expenses of such supervision have been paid.

Subd. 4.

Duties of commissioner.

Whenever the commissioner or any of the
commissioner's authorized agents shall find in any room, building, vehicle of transportation
or other structure, any meat, seafood, poultry, vegetable, fruit new text begin , new text end or other perishable articles
of food which are unsound, or contain any filthy, decomposed new text begin , new text end or putrid substance, or that
may be poisonous or deleterious to health or otherwise unsafe, the same being hereby
declared to be a nuisance, the commissioner, or the commissioner's authorized agent, shall
forthwith condemn or destroy the same, or in any other manner render the same unsalable
as human food, and no one shall have any cause of action against the commissioner or the
commissioner's authorized agent on account of such action.

Subd. 5.

Emergency response.

In the event of an emergency declared by the
governor's order under section 12.31, if the commissioner finds or has probable cause to
believe that deleted text begin a deleted text end new text begin livestock, new text end food new text begin , new text end or new text begin a new text end consumer commodity within a specific area is likely
to be adulterated because of the emergency or so misbranded as to be dangerous or
fraudulent, or is in violation of section 31.131, subdivision 1, the commissioner may
embargo a geographic area that is included in the declared emergency. The commissioner
shall provide notice to the public and to those with custody of the product in as thorough a
manner as is practical under the emergency circumstances.

Sec. 7.

Minnesota Statutes 2006, section 31.171, is amended to read:

31.171 EMPLOYMENT OF DISEASED PERSON.

It shall be unlawful for any person to work in or about any place where any fruit
or any food products are manufactured, packed, stored, deposited, collected, prepared,
produced or sold, whose condition is such that disease may be spread to associates direct,
or through the medium of milk, cream, butter, other food or food products, likely to be
eaten without being cooked after handling, whether such condition be due to a contagious deleted text begin , deleted text end new text begin
or new text end infectious deleted text begin , or venereal deleted text end disease, in its active or convalescent stage, or to the presence of
disease germs, whether accompanied by, or without, any symptoms of the disease itself.

It shall be the duty of the commissioner, or the commissioner's assistant, inspector, or
agent, to report to the state commissioner of health for investigation, any person suspected
to be dangerous to the public health, as provided for in this section, and immediately to
exclude such person from such employment pending investigation and during the period
of infectiousness, if such person is certified by the state commissioner of health, or an
authorized agent, to be dangerous to the public health.

Sec. 8.

Minnesota Statutes 2007 Supplement, section 31.175, is amended to read:

31.175 WATER, PLUMBING, AND SEWAGE.

A person who is required by statutes administered by the Department of Agriculture,
or by rules adopted pursuant to those statutes, to provide a suitable water supply,
or plumbing or sewage disposal system deleted text begin , may deleted text end new text begin shall new text end not engage in the business of
manufacturing, processing, selling, handling, or storing food at wholesale or retail
unless the person's water supply is satisfactory deleted text begin under plumbing codes deleted text end new text begin pursuant to rules
adopted by the Department of Health, the person's plumbing is satisfactory pursuant to
rules new text end adopted by the Department of Labor and Industry new text begin , new text end and the person's sewage disposal
system satisfies the rules of the Pollution Control Agency.

Sec. 9.

new text begin [32.416] SOMATIC CELL COUNT, GOAT MILK.
new text end

new text begin Notwithstanding any federal standard incorporated by reference in this chapter, the
maximum allowable somatic cell count for raw goat milk is 1,500,000 cells per milliliter.
new text end