as introduced - 93rd Legislature (2023 - 2024) Posted on 03/05/2024 08:57am
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:
Minnesota Statutes 2022, section 28A.151, subdivision 1, is amended to read:
(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
thedeleted 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 eventdeleted 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.
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This section is effective August 1, 2024.
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Minnesota Statutes 2022, section 28A.151, subdivision 2, is amended to read:
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(a) Food used in sampling and
demonstration must be obtained from sources that comply with Minnesota Food Law.
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(b) Raw animal, raw poultry, and raw fish products must not be served as samples.
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(c) Food product sampling or food product demonstrations including cooked animal,
poultry, or fish products must be prepared on site at the event.
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(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.
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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.
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This section is effective August 1, 2024.
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Minnesota Statutes 2022, section 28A.151, subdivision 3, is amended to read:
Food provided through food product
sampling or food product demonstrations must be provided at no cost to the individualnew text begin
recipient of a samplenew text end .
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This section is effective August 1, 2024.
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Minnesota Statutes 2022, section 28A.151, subdivision 5, is amended to read:
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.
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(b) Notwithstanding paragraph (a), a handwashing device is not required when only
prepackaged food samples are offered.
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This section is effective August 1, 2024.
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Minnesota Statutes 2022, section 28A.151, is amended by adding a subdivision to
read:
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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.
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This section is effective August 1, 2024.
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