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SF 477

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 08:44am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; modifying an exemption to the food, beverage, and lodging
establishments statutes; amending Minnesota Statutes 2010, section 157.22.


Section 1.

Minnesota Statutes 2010, section 157.22, is amended to read:


This chapter does not apply to:

(1) interstate carriers under the supervision of the United States Department of
Health and Human Services;

(2) any building constructed and primarily used for religious worshipnew text begin , or any
property owned or leased by a church
new text end ;

(3) any building owned, operated, and used by a college or university in accordance
with health regulations promulgated by the college or university under chapter 14;

(4) any person, firm, or corporation whose principal mode of business is licensed
under sections 28A.04 and 28A.05, is exempt at that premises from licensure as a food
or beverage establishment; provided that the holding of any license pursuant to sections
28A.04 and 28A.05 shall not exempt any person, firm, or corporation from the applicable
provisions of this chapter or the rules of the state commissioner of health relating to
food and beverage service establishments;

(5) family day care homes and group family day care homes governed by sections
245A.01 to 245A.16;

(6) nonprofit senior citizen centers for the sale of home-baked goods;

(7) fraternalnew text begin , sportsmannew text end or patriotic organizations that are tax exempt under section
501(c)(3), 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal
Revenue Code of 1986, or organizations related to or affiliated with such fraternalnew text begin ,
new text end or patriotic organizationsdeleted text begin . Such organizations may organize events at which
home-prepared food is donated by organization members for sale at the events, provided:
deleted text end

deleted text begin (i) the event is not a circus, carnival, or fair;
deleted text end

deleted text begin (ii) the organization controls the admission of persons to the event, the event agenda,
or both; and
deleted text end

deleted text begin (iii)deleted text end deleted text begin the organization's licensed kitchen is not used in any manner for the eventdeleted text end ;

(8) food not prepared at an establishment and brought in by individuals attending a
potluck event for consumption at the potluck event. An organization sponsoring a potluck
event under this clause may advertise the potluck event to the public through any means.
Individuals who are not members of an organization sponsoring a potluck event under this
clause may attend the potluck event and consume the food at the event. Licensed food
establishments other than schools cannot be sponsors of potluck events. A school may
sponsor and hold potluck events in areas of the school other than the school's kitchen,
provided that the school's kitchen is not used in any manner for the potluck event. For
purposes of this clause, "school" means a public school as defined in section 120A.05,
subdivisions 9, 11, 13, and 17
, or a nonpublic school, church, or religious organization
at which a child is provided with instruction in compliance with sections 120A.22 and
120A.24. Potluck event food shall not be brought into a licensed food establishment

(9) a home school in which a child is provided instruction at home;

(10) deleted text begin concession stands operated in conjunction with school-sponsored events on
school property are exempt from the 21-day restriction
deleted text end new text begin school concession stands as
defined in section 157.15
new text end ; and

(11) group residential facilities of ten or fewer beds licensed by the commissioner of
human services under Minnesota Rules, chapter 2960, provided the facility employs or
contracts with a certified food manager under Minnesota Rules, part 4626.2015.