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SF 4436

as introduced - 91st Legislature (2019 - 2020) Posted on 03/17/2020 02:22pm

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

Current Version - as introduced

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A bill for an act
relating to health; authorizing food and beverage service establishments to fill
consumer-owned take-home containers; permitting the use of multiuse utensils by
certain food stands; proposing coding for new law in Minnesota Statutes, chapter
157.

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

Section 1.

new text begin [157.173] FOOD ESTABLISHMENTS; FILLING CONSUMER-OWNED
TAKE-HOME CONTAINERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Food establishment" has the meaning given in Minnesota Rules, part 4626.0020,
subpart 35.
new text end

new text begin (c) "Food processing plant" has the meaning given in Minnesota Rules, part 4626.0020,
subpart 36.
new text end

new text begin Subd. 2. new text end

new text begin Consumer-owned take-home containers. new text end

new text begin (a) Except as specified in paragraph
(b) and Minnesota Rules, part 4626.0295, item C, D, or E, empty containers returned to a
food establishment for cleaning and refilling with food must be cleaned and refilled in a
regulated food processing plant.
new text end

new text begin (b) A take-home food container that is owned by a consumer and brought by the consumer
to a food establishment may be filled with food at the food establishment and returned to
the same consumer, if the food container is:
new text end

new text begin (1) designed and constructed for reuse and in accordance with the requirements in
Minnesota Rules, parts 4626.0450, 4626.0505, and 4626.0515;
new text end

new text begin (2) cleaned by the food establishment or by the consumer prior to filling. If cleaned by
the consumer, an employee of the food establishment must visually inspect the container
prior to filling it to verify that it is clean; and
new text end

new text begin (3) filled by an employee of the food establishment or by the consumer.
new text end

new text begin Subd. 3. new text end

new text begin Serving surface; procedures to prevent cross-contamination and address
waste water disposal.
new text end

new text begin When an employee of a food establishment or the consumer fills a
consumer-owned container under this section, the food establishment must either isolate
the consumer-owned containers from the serving surface or sanitize the serving surface
after each consumer-owned container is filled on the serving surface. The food establishment
must comply with requirements in Minnesota Rules, chapter 4626, to prevent
cross-contamination and to address waste water disposal.
new text end

Sec. 2.

new text begin [157.174] FOOD STANDS; SINGLE-SERVICE ARTICLES.
new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Food establishment" has the meaning given in Minnesota Rules, part 4626.0020,
subpart 35.
new text end

new text begin (c) "Single-service article" has the meaning given in Minnesota Rules, part 4626.0020,
subpart 81.
new text end

new text begin (d) Except as provided in paragraph (c), a seasonal permanent food stand, seasonal
temporary food stand, or special event food stand must provide only single-service articles
for use by consumers.
new text end

new text begin (e) If warranted based on local environmental conditions, location, the type and number
of food utensils used by consumers, the availability of water for washing utensils, and waste
water capacity, the commissioner or a community health board, county, or city if the
community health board, county, or city has the authority under a delegation agreement to
enforce this chapter, may allow a seasonal permanent food stand, seasonal temporary food
stand, or special event food stand to use multiuse utensils that are cleaned, rinsed, and
sanitized according to Minnesota Rules, parts 4626.0840 to 4626.0905, either at a food
establishment or at the seasonal permanent food stand, seasonal temporary food stand, or
special event food stand.
new text end