SF 836

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; changing food handlers 
  1.3             license provisions for food processors or 
  1.4             manufacturers operating only at the state fair; 
  1.5             amending Minnesota Statutes 1998, sections 28A.04, 
  1.6             subdivision 1; and 28A.08, subdivision 3. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 28A.04, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [APPLICATION; DATE OF ISSUANCE.] (a) No 
  1.11  person shall engage in the business of manufacturing, 
  1.12  processing, selling, handling, or storing food without having 
  1.13  first obtained from the commissioner a license for doing such 
  1.14  business.  Applications for such license shall be made to the 
  1.15  commissioner in such manner and time as required and upon such 
  1.16  forms as provided by the commissioner and shall contain the name 
  1.17  and address of the applicant, address or description of each 
  1.18  place of business, and the nature of the business to be 
  1.19  conducted at each place, and such other pertinent information as 
  1.20  the commissioner may require. 
  1.21     (b) A retail or wholesale food handler license shall be 
  1.22  issued for the period July 1 to June 30 following and shall be 
  1.23  renewed thereafter by the licensee on or before July 1 each 
  1.24  year, except that licenses for all mobile food concession units 
  1.25  and retail mobile units shall be issued for the period April 1 
  1.26  to March 31, and shall be renewed thereafter by the licensee on 
  2.1   or before April 1 each year.  A license for a food broker or for 
  2.2   a food processor or manufacturer shall be issued for the period 
  2.3   January 1 to December 31 following and shall be renewed 
  2.4   thereafter by the licensee on or before January 1 of each year, 
  2.5   except that a license for a wholesale food processor or 
  2.6   manufacturer operating only at the state fair shall be issued 
  2.7   for the period July 1 to June 30 following and shall be renewed 
  2.8   thereafter by the licensee on or before July 1 of each year.  A 
  2.9   penalty for a late renewal shall be assessed in accordance with 
  2.10  section 28A.08. 
  2.11     Sec. 2.  Minnesota Statutes 1998, section 28A.08, 
  2.12  subdivision 3, is amended to read: 
  2.13     Subd. 3.  [FEES EFFECTIVE JULY 1, 1996.] 
  2.14                                                    Penalties 
  2.15  Type of food handler                    License  Late     No
  2.16                                          Fee      Renewal  License
  2.17                                        Effective
  2.18                                        July 1, 1996
  2.19  1.   Retail food handler
  2.20       (a) Having gross sales of only
  2.21       prepackaged nonperishable food
  2.22       of less than $15,000 for 
  2.23       the immediately previous 
  2.24       license or fiscal year and 
  2.25       filing a statement with the 
  2.26       commissioner                       $ 45     $ 15     $ 25
  2.27       (b) Having under $15,000 gross
  2.28       sales including food preparation 
  2.29       or having $15,000 to $50,000 
  2.30       gross sales for the immediately 
  2.31       previous license or fiscal year    $ 61     $ 15     $ 25
  2.32       (c) Having $50,000 to $250,000 
  2.33       gross sales for the immediately  
  2.34       previous license or fiscal year    $118     $ 35     $ 75
  2.35       (d) Having $250,000 to 
  2.36       $1,000,000 gross sales for the 
  3.1        immediately previous license or 
  3.2        fiscal year                        $202     $ 50     $100
  3.3        (e) Having $1,000,000 to 
  3.4        $5,000,000 gross sales for the 
  3.5        immediately previous license or 
  3.6        fiscal year                        $562     $100     $175
  3.7        (f) Having $5,000,000 to
  3.8        $10,000,000 gross sales for the
  3.9        immediately previous license or
  3.10       fiscal year                        $787     $150     $300
  3.11       (g) Having over $10,000,000
  3.12       gross sales for the immediately
  3.13       previous license or fiscal year    $899     $200     $350
  3.14  2.   Wholesale food handler
  3.15       (a) Having gross sales or
  3.16       service of less than $25,000
  3.17       for the immediately previous 
  3.18       license or fiscal year             $ 50     $ 15     $ 15
  3.19       (b) Having $25,000 to
  3.20       $250,000 gross sales or
  3.21       service for the immediately 
  3.22       previous license or fiscal year    $225     $ 50     $100
  3.23       (c) Having $250,000 to 
  3.24       $1,000,000 gross sales or
  3.25       service from a mobile unit
  3.26       without a separate food facility
  3.27       for the immediately previous
  3.28       license or fiscal year             $337     $ 75     $150
  3.29       (d) Having $250,000 to 
  3.30       $1,000,000 gross sales or
  3.31       service not covered under 
  3.32       paragraph (c) for the immediately 
  3.33       previous license or fiscal year    $449     $100     $200
  3.34       (e) Having $1,000,000 to
  3.35       $5,000,000 gross sales or 
  3.36       service for the immediately 
  4.1        previous license or fiscal year    $562     $125     $250
  4.2        (f) Having over $5,000,000 gross
  4.3        sales for the immediately 
  4.4        previous license or fiscal year    $647     $150     $300
  4.5   3.   Food broker                        $112     $ 30     $ 50
  4.6   4.   Wholesale food processor
  4.7        or manufacturer 
  4.8        (a) Having gross sales of less 
  4.9        than $125,000 for the 
  4.10       immediately previous license 
  4.11       or fiscal year                     $150     $ 50     $100
  4.12       (b) Having $125,000 to $250,000
  4.13       gross sales for the immediately 
  4.14       previous license or fiscal year    $310     $ 75     $150
  4.15       (c) Having $250,001 to $1,000,000
  4.16       gross sales for the immediately 
  4.17       previous license or fiscal year    $449     $100     $200
  4.18       (d) Having $1,000,001 to
  4.19       5,000,000 gross sales for the
  4.20       immediately previous license or
  4.21       fiscal year                        $562     $125     $250
  4.22       (e) Having $5,000,001 to 
  4.23       $10,000,000 gross sales for 
  4.24       the immediately previous 
  4.25       license or fiscal year             $647     $150     $300 
  4.26       (f) Having over $10,000,000 
  4.27       gross sales for the immediately 
  4.28       previous license or fiscal year    $900     $200     $350 
  4.29  5.   Wholesale food processor of
  4.30       meat or poultry products
  4.31       under supervision of the
  4.32       U. S. Department of Agriculture 
  4.33       (a) Having gross sales of less 
  4.34       than $125,000 for the 
  4.35       immediately previous license 
  4.36       or fiscal year                     $100     $ 25     $ 50
  5.1        (b) Having $125,000 to 
  5.2        $250,000 gross sales for the
  5.3        immediately previous license
  5.4        or fiscal year                     $169     $ 50     $ 75
  5.5        (c) Having $250,001 to
  5.6        $1,000,000 gross sales for the
  5.7        immediately previous license
  5.8        or fiscal year                     $253     $ 75     $125
  5.9        (d) Having $1,000,001 to
  5.10       $5,000,000 gross sales 
  5.11       for the immediately previous 
  5.12       license or fiscal year             $310     $ 75     $150
  5.13       (e) Having $5,000,001 to 
  5.14       $10,000,000 gross sales for 
  5.15       the immediately previous 
  5.16       license or fiscal year             $366     $100     $175 
  5.17       (f) Having over $10,000,000 
  5.18       gross sales for the immediately 
  5.19       previous license or fiscal year    $500     $150     $250 
  5.20  6.   Wholesale food processor or
  5.21       manufacturer operating only at
  5.22       the state fair                     $125     $ 40     $ 50 
  5.23  7.   Wholesale food manufacturer
  5.24       having the permission of the
  5.25       commissioner to use the name
  5.26       Minnesota Farmstead cheese         $ 30     $ 10     $ 15
  5.27  78.  Nonresident frozen dairy 
  5.28       manufacturer                       $200     $ 50     $ 75
  5.29  89.  Wholesale food manufacturer
  5.30       processing less than 700,000
  5.31       pounds per year of raw milk        $ 30     $ 10     $ 15
  5.32  910. A milk marketing organization
  5.33       without facilities for 
  5.34       processing or manufacturing 
  5.35       that purchases milk from milk
  5.36       producers for delivery to a
  6.1        licensed wholesale food 
  6.2        processor or manufacturer          $ 50     $ 15     $ 25
  6.3      Sec. 3.  [EFFECTIVE DATE.] 
  6.4      Sections 1 and 2 are effective the day following final 
  6.5   enactment.