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SF 4500

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/05/2024 08:57am

KEY: stricken = removed, old language.
underscored = added, new language.
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3.1

A bill for an act
relating to agriculture; modifying provisions related to food product sampling and
demonstration; amending Minnesota Statutes 2022, section 28A.151, subdivisions
1, 2, 3, 5, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 28A.151, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

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

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

(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 deleted text begin at the farmers' market or
community event
deleted text end . For purposes of this subdivision, "small portion" means a portion that is
no more than three ounces of food or beverage.

(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 begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 2.

Minnesota Statutes 2022, section 28A.151, subdivision 2, is amended to read:


Subd. 2.

Food sampling and demonstration.

new text begin (a) Food used in sampling and
demonstration must be obtained from sources that comply with Minnesota Food Law.
new text end

new text begin (b) Raw animal, raw poultry, and raw fish products must not be served as samples.
new text end

new text begin (c) Food product sampling or food product demonstrations including cooked animal,
poultry, or fish products must be prepared on site at the event.
new text end

new text begin (d) Animal or poultry products used for food product sampling or food product
demonstrations must be from animals slaughtered under continuous inspection, either USDA
or Minnesota's "Equal-to" inspection program.
new text end

new text begin (e) new text end 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 begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 3.

Minnesota Statutes 2022, section 28A.151, subdivision 3, is amended to read:


Subd. 3.

Food required to be provided at no cost.

Food provided through food product
sampling or food product demonstrations must be provided at no cost to the individualnew text begin
recipient of a sample
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 4.

Minnesota Statutes 2022, section 28A.151, subdivision 5, is amended to read:


Subd. 5.

Food safety and equipment standards.

new text begin (a) new text end 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 begin (b) Notwithstanding paragraph (a), a handwashing device is not required when only
prepackaged food samples are offered.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end

Sec. 5.

Minnesota Statutes 2022, section 28A.151, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Signage. new text end

new text begin Food product provided through food product sampling or food product
demonstrations must be accompanied by a legible sign or placard that lists the ingredients
and major food allergens.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024.
new text end