SF 2258

as introduced - 87th Legislature (2011 - 2012) Posted on 03/16/2012 03:57pm

A bill for an act
relating to agriculture; providing for food law enforcement; making technical
and conforming changes; repealing obsolete provisions; imposing penalties;
amending Minnesota Statutes 2010, sections 17.982, subdivision 1; 17.983;
25.33, subdivisions 13, 14; 25.36; 25.37; 28A.03, subdivisions 3, 5, 6; 28A.21,
subdivision 6; 31.01, subdivisions 2, 3, 4, 21, 25, 28; 31.121; 31.123; 31A.02,
subdivisions 13, 14, 15, 16; 31A.23; 32.01, subdivisions 11, 12; proposing
coding for new law as Minnesota Statutes, chapter 34A; repealing Minnesota
Statutes 2010, sections 17.984; 28.15; 28A.12; 28A.13; 29.28; 31.031; 31.041;
31.05; 31.14; 31.393; 31.58; 31.592; 31.621, subdivision 5; 31.631, subdivision
4; 31.633, subdivision 2; 31.681; 31.74, subdivision 3; 31.91; 31A.24; 31A.26;
32.078; 32.475, subdivision 7; 32.61; 32.90; 34.113; Minnesota Rules, parts
1540.0010, subpart 26; 1550.0930, subparts 3, 4, 5, 6, 7; 1550.1040, subparts
3, 4, 5, 6; 1550.1260, subparts 6, 7.

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

Section 1.

Minnesota Statutes 2010, section 17.982, subdivision 1, is amended to read:

Subdivision 1.

Criminal penalties.

A person who violates a provision of chapter
25 deleted text begin , 28A, 29, 31, 31A, deleted text end new text begin or new text end 31B deleted text begin , or 34 deleted text end for which a penalty has not been prescribed is guilty
of a misdemeanor.

Sec. 2.

Minnesota Statutes 2010, section 17.983, is amended to read:

17.983 ADMINISTRATIVE PENALTIES AND ENFORCEMENT.

Subdivision 1.

Administrative penalties; citation.

If a person has violated a
provision of chapter 25, deleted text begin 28A, 29, 31, 31A, deleted text end 31B, new text begin or new text end 32, deleted text begin or 34, deleted text end the commissioner may issue
a written citation to the person by personal service or by certified mail. The citation must
describe the nature of the violation and the statute or rule alleged to have been violated;
state the time for correction, if applicable; and the amount of any proposed fine. The
citation must advise the person to notify the commissioner in writing within 30 days if the
person wishes to appeal the citation. If the person fails to appeal the citation, the citation
is the final order and not subject to further review.

Subd. 3.

Contested case.

If a person appeals a citation or a penalty assessment
within the time limits in subdivision 1, the commissioner shall initiate a contested
proceeding under chapter 14. deleted text begin The report of the administrative law judge is the final
decision of the commissioner of agriculture.
deleted text end

Sec. 3.

Minnesota Statutes 2010, section 25.33, subdivision 13, is amended to read:

Subd. 13.

Label.

"Label" deleted text begin means a display of written, printed, or graphic matter
upon or affixed to the container in which a commercial feed is distributed, or on the
invoice or delivery slip with which a commercial feed is distributed deleted text end new text begin has the meaning given
in section 34A.01, subdivision 6 new text end .

Sec. 4.

Minnesota Statutes 2010, section 25.33, subdivision 14, is amended to read:

Subd. 14.

Labeling.

"Labeling" deleted text begin means all labels and other written, printed,
or graphic matter upon a commercial feed or any of its containers or wrapper or
accompanying or supporting such commercial feed deleted text end new text begin has the meaning given in section
34A.01, subdivision 7 new text end .

Sec. 5.

Minnesota Statutes 2010, section 25.36, is amended to read:

25.36 MISBRANDING.

A commercial feed is misbranded if deleted text begin : deleted text end new text begin it is covered by one or more of the clauses
in section 34A.03.
new text end

deleted text begin (1) its labeling is false or misleading in any particular;
deleted text end

deleted text begin (2) it is distributed under the name of another commercial feed;
deleted text end

deleted text begin (3) it is not labeled as required in section 25.35;
deleted text end

deleted text begin (4) it purports to be or is represented as a commercial feed or it purports to contain or
is represented as containing a commercial feed ingredient unless that commercial feed or
feed ingredient conforms to the definition, if any, prescribed by rule by the commissioner;
deleted text end

deleted text begin (5) any word, statement, or other information required by or under authority of
sections 25.31 to 25.43 to appear on the label or labeling is not prominently placed on it
with such conspicuousness as compared with other words, statements, designs, or devices
in the labeling, and in such terms as to render it likely to be read and understood by the
ordinary individual under customary conditions of purchase and use; or
deleted text end

deleted text begin (6) its labeling would deceive or mislead the purchaser with respect to its
composition or suitability.
deleted text end

Sec. 6.

Minnesota Statutes 2010, section 25.37, is amended to read:

25.37 ADULTERATION.

deleted text begin (a) deleted text end A commercial feed or a material exempted from the definition of commercial
feed under section 25.33, subdivision 5, is adulterated if deleted text begin : deleted text end new text begin it is covered by one or more
of the clauses in section 34A.02.
new text end

deleted text begin (1) it bears or contains a poisonous or deleterious substance which may render it
injurious to health; but in case the substance is not an added substance, the commercial
feed is not considered adulterated if the quantity of the substance in the commercial feed
does not ordinarily render it injurious to health;
deleted text end

deleted text begin (2) it bears or contains an added poisonous, deleterious, or nonnutritive substance
which is unsafe within the meaning of section 406 of the Federal Food, Drug, and
Cosmetic Act, other than the one which is a pesticide chemical in or on a raw agricultural
commodity, or a food additive;
deleted text end

deleted text begin (3) it is unsafe or bears or contains any food additive which is unsafe within the
meaning of section 409 of the Federal Food, Drug, and Cosmetic Act;
deleted text end

deleted text begin (4) it is a raw agricultural commodity and it bears or contains a pesticide chemical
which is unsafe within the meaning of section 408(a) of the Federal Food, Drug, and
Cosmetic Act; provided, that where a pesticide chemical has been used in or on a
raw agricultural commodity in conformity with an exemption granted or a tolerance
prescribed under section 408 of the Federal Food, Drug, and Cosmetic Act and that raw
agricultural commodity has been subjected to processing such as canning, cooking,
freezing, dehydrating, or milling, the residue of the pesticide chemical remaining in or on
the processed feed is not unsafe if the residue in or on the raw agricultural commodity has
been removed to the extent possible in good manufacturing practice and the concentration
of the residue in the processed feed is not greater than the tolerance prescribed for the raw
agricultural commodity unless the feeding of the processed feed will result or is likely to
result in a pesticide residue in the edible product of the animal, which is unsafe within the
meaning of section 408(a) of the Federal Food, Drug, and Cosmetic Act;
deleted text end

deleted text begin (5) it is, or it bears or contains any color additive which is unsafe within the meaning
of section 706 of the Federal Food, Drug, and Cosmetic Act;
deleted text end

deleted text begin (6) it is, or it bears or contains, any new animal drug which is unsafe within the
meaning of section 512 of the Federal Food, Drug, and Cosmetic Act;
deleted text end

deleted text begin (7) it consists, in whole or in part, of any filthy, putrid, or decomposed substance, or
is otherwise unfit for feed;
deleted text end

deleted text begin (8) it has been prepared, packed, or held under unsanitary conditions whereby it may
have become contaminated with filth or may have been rendered injurious to health;
deleted text end

deleted text begin (9) it is, in whole or in part, the product of a diseased animal or of an animal which
has died otherwise than by slaughter which is unsafe within the meaning of section
402(a)(1) or (2) of the Federal Food, Drug, and Cosmetic Act;
deleted text end

deleted text begin (10) its container is composed, in whole or in part, of any poisonous or deleterious
substance which may render the contents injurious to health; or
deleted text end

deleted text begin (11) it has been intentionally subjected to radiation, unless the use of the radiation
was in conformity with a regulation or exemption in effect under section 409 of the
Federal Food, Drug, and Cosmetic Act.
deleted text end

deleted text begin (b) A commercial feed is adulterated if:
deleted text end

deleted text begin (1) any valuable constituent has been in whole or in part omitted or abstracted from
it or any less valuable substance substituted for a constituent;
deleted text end

deleted text begin (2) its composition or quality falls below or differs from that which it is purported or
is represented to possess by its labeling;
deleted text end

deleted text begin (3) it contains a drug and the methods used in or the facilities or controls used for
its manufacture, processing, or packaging do not conform to current good manufacturing
practice rules promulgated by the commissioner to assure that the drug meets the safety
requirements of sections 25.31 to 25.43 and has the identity and strength and meets the
quality and purity characteristics which it purports or is represented to possess. In adopting
rules under this clause, the commissioner shall adopt the current good manufacturing
practice rules for medicated feed premixes and for medicated feeds established under
authority of the Federal Food, Drug, and Cosmetic Act, unless the commissioner
determines that they are not appropriate to the conditions which exist in this state; or
deleted text end

deleted text begin (4) it contains viable weed seeds in amounts exceeding limits established by the
commissioner by rule.
deleted text end

Sec. 7.

Minnesota Statutes 2010, section 28A.03, subdivision 3, is amended to read:

Subd. 3.

Person.

"Person" deleted text begin means any individual, firm, corporation, company,
association, cooperative, or partnership and includes any trustee, receiver, assignee, or
other similar representative thereof deleted text end new text begin has the meaning given in section 34A.01, subdivision
10 new text end .

Sec. 8.

Minnesota Statutes 2010, section 28A.03, subdivision 5, is amended to read:

Subd. 5.

Food.

"Food new text begin , new text end " deleted text begin includes every article used for, entering into the
consumption of, or used or intended for use in the preparation of food, drink, confectionery,
or condiment for humans, whether simple, mixed or compound. deleted text end new text begin "nonperishable food,"
"frozen food," "perishable food," and "readily perishable food" have the meanings given
in section 34A.01.
new text end

deleted text begin (a) "Perishable food" is food which includes, but is not limited to fresh fruits, fresh
vegetables, and other products which need protection from extremes of temperatures in
order to avoid decomposition by microbial growth or otherwise.
deleted text end

deleted text begin (b) "Readily perishable food" is food or a food ingredient consisting in whole or
in part of milk, milk products, eggs, meat, fish, poultry or other food or food ingredient
which is capable of supporting rapid and progressive growth of infectious or toxigenic
microorganisms.
deleted text end

deleted text begin (c) "Frozen food" is food which is processed and preserved by freezing in accordance
with good commercial practices and which is intended to be sold in the frozen state.
deleted text end

deleted text begin (d) For the purposes of this definition, packaged food in hermetically sealed
containers processed by heat to prevent spoilage; packaged pickles; jellies, jams and
condiments in sealed containers; bakery products such as bread, rolls, buns, donuts,
fruit-filled pies and pastries; dehydrated packaged food; and dry or packaged food so low in
moisture content as to preclude development of microorganisms are not "perishable food,"
"readily perishable food," or "frozen food" within the meaning of paragraphs (a), (b), and
(c), when they are stored and handled in accordance with good commercial practices.
deleted text end

deleted text begin (e) "Nonperishable food" is food described in paragraph (d) with a shelf life of
more than 90 days.
deleted text end

Sec. 9.

Minnesota Statutes 2010, section 28A.03, subdivision 6, is amended to read:

Subd. 6.

Sell; sale.

"Sell" and "sale" deleted text begin include the keeping, offering, or exposing for
sale, use, transporting, transferring, negotiating, soliciting, or exchange of food, the having
in possession with intent to sell, use, transport, negotiate, solicit, or exchange the same
and the storing, or carrying thereof in aid of traffic therein whether done or permitted in
person or through others deleted text end new text begin have the meanings given in section 34A.01, subdivision 12 new text end .

Sec. 10.

Minnesota Statutes 2010, section 28A.21, subdivision 6, is amended to read:

Subd. 6.

Expiration.

Notwithstanding section 15.059, subdivision 5, this section
expires June 30, deleted text begin 2012 deleted text end new text begin 2017 new text end .

Sec. 11.

Minnesota Statutes 2010, section 31.01, subdivision 2, is amended to read:

Subd. 2.

Person.

"Person" deleted text begin means any individual, firm, partnership, copartnership,
society, association, company, or corporation and includes any trustee, receiver, assignee
or other similar representative thereof deleted text end new text begin has the meaning given in section 34A.01,
subdivision 10 new text end .

Sec. 12.

Minnesota Statutes 2010, section 31.01, subdivision 3, is amended to read:

Subd. 3.

Food.

"Food" deleted text begin means articles used for food or drink for humans or other
animals, chewing gum, and articles used for components of any such article deleted text end new text begin has the
meaning given in section 34A.01, subdivision 4 new text end .

Sec. 13.

Minnesota Statutes 2010, section 31.01, subdivision 4, is amended to read:

Subd. 4.

Sell and sale.

"Sell" and "sale" deleted text begin shall be considered to include the
manufacture, production, processing, packing, exposure, offer, possession, and holding of
any such article for sale; and the sale, dispensing, and giving of any such article, and the
supplying or applying of any such article in the conduct of any food operation deleted text end new text begin have the
meanings given in section 34A.01, subdivision 12 new text end .

Sec. 14.

Minnesota Statutes 2010, section 31.01, subdivision 21, is amended to read:

Subd. 21.

Label.

"Label" deleted text begin means a display of written, printed, or graphic matter
upon the immediate container of any article, and includes a like display, if required by law
or rule, on the outside container or wrapper, if any there be, of the retail package of such
article deleted text end new text begin has the meaning given in section 34A.01, subdivision 6 new text end .

Sec. 15.

Minnesota Statutes 2010, section 31.01, subdivision 25, is amended to read:

Subd. 25.

Labeling.

"Labeling" deleted text begin means all labels and other written, printed, or
graphic matter upon an article or any of its containers or wrappers, or accompanying such
article deleted text end new text begin has the meaning given in section 34A.01, subdivision 7 new text end .

Sec. 16.

Minnesota Statutes 2010, section 31.01, subdivision 28, is amended to read:

Subd. 28.

Pesticide deleted text begin chemical deleted text end .

"Pesticide deleted text begin chemical deleted text end " deleted text begin means any substance which,
alone, in chemical combination, or in formulation with one or more other substances is an
"economic poison" within the meaning of chapter 24, or the Federal Insecticide, Fungicide
and Rodenticide Act (United States Code, title 7, sections 135-135k), as amended, and
which is used in the production, storage, or transportation of raw agricultural commodities deleted text end new text begin
has the meaning given in section 18B.01, subdivision 18 new text end .

Sec. 17.

Minnesota Statutes 2010, section 31.121, is amended to read:

31.121 FOOD ADULTERATION.

A food shall be deemed to be adulterated deleted text begin : deleted text end new text begin if it is covered by one or more of the
clauses in section 34A.02.
new text end

deleted text begin (a) If it bears or contains any poisonous or deleterious substance which may render it
injurious to health; but in case the substance is not an added substance such food shall
not be considered adulterated under this clause if the quantity of such substance in such
food does not ordinarily render it injurious to health; or
deleted text end

deleted text begin (b) If it bears or contains any added poisonous or added deleterious substance, other
than one which is a pesticide chemical in or on a raw agricultural commodity; a food
additive; or a color additive, which is unsafe within the meaning of section 31.122; or
deleted text end

deleted text begin (c) If it is a raw agricultural commodity and it bears or contains a pesticide chemical
which is unsafe within the meaning of section 31.122; or
deleted text end

deleted text begin (d) If it is or it bears or contains any food additive which is unsafe within the
meaning of section 31.122; provided that where a pesticide chemical has been used in or
on a raw agricultural commodity in conformity with an exemption granted or tolerance
prescribed under section 31.122, and such raw agricultural commodity has been subjected
to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of
such pesticide chemical remaining in or on such processed food shall, notwithstanding
the provisions of section 31.122 and this clause, not be deemed unsafe if such residue in
or on the raw agricultural commodity has been removed to the extent possible in good
manufacturing practice, and the concentration of such residue in the processed food
when ready to eat is not greater than the tolerance prescribed for the raw agricultural
commodity; or
deleted text end

deleted text begin (e) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or
decomposed substance, or if it is otherwise unfit for food; or
deleted text end

deleted text begin (f) If it has been produced, prepared, packed, or held under insanitary conditions
whereby it may have become contaminated with filth, or whereby it may have been
rendered diseased, unwholesome, or injurious to health; or
deleted text end

deleted text begin (g) If it is in whole or in part the product of a diseased animal or of an animal which
has died otherwise than by slaughter, or of an animal that has been fed upon the uncooked
offal from a slaughterhouse; or
deleted text end

deleted text begin (h) If its container is composed in whole or in part of any poisonous or deleterious
substance which may render the contents injurious to health; or
deleted text end

deleted text begin (i) If it has been intentionally subjected to radiation, unless the use of the radiation
was in conformity with a rule or exemption in effect pursuant to section 31.122 or section
409 of the federal act; or
deleted text end

deleted text begin (j) If any valuable constituent has been in whole or in part omitted or abstracted
therefrom; or
deleted text end

deleted text begin (k) If any substance has been substituted wholly or in part therefor; or
deleted text end

deleted text begin (l) If damage or inferiority has been concealed in any manner; or
deleted text end

deleted text begin (m) If any substance has been added thereto or mixed or packed therewith so as
to increase its bulk or weight, or reduce its quality or strength or make it appear better
or of greater value than it is; or
deleted text end

deleted text begin (n) If it is confectionery, and (1) has partially or completely imbedded therein any
nonnutritive object; provided, that this clause shall not apply in the case of any nonnutritive
object if in the judgment of the commissioner, as provided by rules, such object is of
practical functional value to the confectionery product and would not render the product
injurious or hazardous to health; or (2) bears or contains any nonnutritive substance;
provided, that this clause shall not apply to (i) a confection containing alcohol as defined
in section 31.76, or (ii) a safe nonnutritive substance which is in or on confectionery by
reason of its use for some practical functional purpose in the manufacture, packaging, or
storing of such confectionery if the use of the substance does not promote deception of the
consumer or otherwise result in adulteration or misbranding in violation of any provision
of the Minnesota Food Law; and provided further, that the commissioner may, for the
purpose of avoiding or resolving uncertainty as to the application of this clause, issue rules
allowing or prohibiting the use of particular nonnutritive substances; or
deleted text end

deleted text begin (o) If it is or bears or contains any color additive which is unsafe within the meaning
of section 31.122; or
deleted text end

deleted text begin (p) If it is oleomargarine or margarine or butter and any of the raw material used
therein consisted in whole or in part of any filthy, putrid, or decomposed substance, or
such oleomargarine or margarine or butter is otherwise unfit for food.
deleted text end

Sec. 18.

Minnesota Statutes 2010, section 31.123, is amended to read:

31.123 FOOD MISBRANDING.

A food deleted text begin shall be deemed to be deleted text end new text begin is new text end misbranded deleted text begin : deleted text end new text begin if it is covered by one or more of the
clauses in section 34A.03, paragraph (a).
new text end

deleted text begin (a) If its labeling is false or misleading in any particular, or if its labeling, whether on
the commodity itself, its container or its package, fails to conform with the requirements
of Laws 1974, chapter 84;
deleted text end

deleted text begin (b) If it is offered for sale under the name of another food;
deleted text end

deleted text begin (c) If it is an imitation of another food for which a definition and standard of identity
have been prescribed by rules as provided by sections 31.10 and 31.102; or if it is an
imitation of another food that is not subject to clause (g), unless in either case its label
bears in type of uniform size and prominence the word "imitation" and immediately
thereafter the name of the food imitated;
deleted text end

deleted text begin (d) If its container is so made, formed, or filled as to be misleading;
deleted text end

deleted text begin (e) If in package form, unless it bears a label containing (1) the name and place of
business of the manufacturer, packer, or distributor, and (2) an accurate statement of
the net quantity of the contents in terms of weight, measure, or numerical count, which
statement shall be separately and accurately stated in a uniform location upon the principal
display panel of the label; provided, that under this subclause reasonable variations shall
be permitted, and exemptions as to small packages shall be established by rules prescribed
by the commissioner;
deleted text end

deleted text begin (f) If any word, statement, or other information required by or under authority of
the Minnesota Food Law to appear on the label or labeling is not prominently placed
thereon with such conspicuousness (as compared with other words, statements, designs, or
devices, in the labeling) and in such terms as to render it likely to be read and understood
by the ordinary individual under customary conditions of purchase and use;
deleted text end

deleted text begin (g) If it purports to be or is represented as a food for which a definition and standard
of identity have been prescribed by rules as provided by sections 31.10 and 31.102,
unless (1) it conforms to such definition and standard, and (2) its label bears the name
of the food specified in the definition and standard, and, insofar as may be required by
such rules, the common names of optional ingredients (other than spices, flavoring, and
coloring) present in such food;
deleted text end

deleted text begin (h) If it purports to be or is represented as (1) a food for which a standard of quality
has been prescribed by rules as provided by sections 31.10 and 31.102, and its quality falls
below such standard unless its label bears, in such manner and form as such rules specify,
a statement that it falls below such standard, or (2) a food for which a standard or standards
of fill of container have been prescribed by rule as provided by sections 31.10 and 31.102,
and it falls below the standard of fill of container applicable thereto unless its label bears, in
such manner and form as such rules specify, a statement that it falls below such standard;
deleted text end

deleted text begin (i) If it is not subject to the provisions of clause (g), unless it bears labeling clearly
giving (1) the common or usual name of the food, if any there be, and (2) in case it
is fabricated from two or more ingredients, the common or usual name of each such
ingredient; except that spices, flavorings, and colorings, other than those sold as such,
may be designated as spices, flavorings, and colorings, without naming each; provided,
that to the extent that compliance with the requirements of this subclause is impractical
or results in deception or unfair competition, exemptions shall be established by rules
promulgated by the commissioner;
deleted text end

deleted text begin (j) If it purports to be or is represented for special dietary uses, unless its label
bears such information concerning its vitamin, mineral, and other dietary properties as
the commissioner determines to be, and by rules prescribes as, necessary in order to fully
inform purchasers as to its value for such uses;
deleted text end

deleted text begin (k) If it bears or contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling stating that fact; provided, that to the extent that
compliance with the requirements of this clause is impracticable, exemptions shall be
established by rules promulgated by the commissioner. The provisions of this clause and
clauses (g) and (i) with respect to artificial coloring do not apply to butter, cheese or ice
cream. The provisions with respect to chemical preservatives do not apply to a pesticide
chemical when used in or on a raw agricultural commodity which is the product of the soil;
deleted text end

deleted text begin (l) If it is a raw agricultural commodity which is the product of the soil, bearing or
containing a pesticide chemical applied after harvest, unless the shipping container of such
commodity bears labeling which declares the presence of such chemical in or on such
commodity and the common or usual name and the function of such chemical; provided,
however, that no such declaration shall be required while such commodity, having been
removed from the shipping container, is being held or displayed for sale at retail out of
such container in accordance with the custom of the trade;
deleted text end

deleted text begin (m) If it is a product intended as an ingredient of another food and when used
according to the directions of the purveyor will result in the final food product being
adulterated or misbranded;
deleted text end

deleted text begin (n) If it is a color additive unless its packaging and labeling are in conformity with
such packaging and labeling requirements applicable to such color additive prescribed
under the provisions of the federal act.
deleted text end

Sec. 19.

Minnesota Statutes 2010, section 31A.02, subdivision 13, is amended to read:

Subd. 13.

Adulterated.

"Adulterated" means deleted text begin a carcass, part of a carcass, meat,
poultry, poultry food product, or meat food product under one or more of the following
circumstances: deleted text end new text begin an item is covered by one or more of the clauses in section 34A.02,
subdivision 1.
new text end

deleted text begin (a) if it bears or contains a poisonous or harmful substance which may render
it injurious to health; but if the substance is not an added substance, the article is not
adulterated if the quantity of the substance in or on the article does not ordinarily make it
injurious to health;
deleted text end

deleted text begin (b) if it bears or contains, by administration of a substance to the live animal or
otherwise, an added poisonous or harmful substance, other than (1) a pesticide chemical in
or on a raw agricultural commodity; (2) a food additive; or (3) a color additive, which
may, in the judgment of the commissioner, make the article unfit for human food;
deleted text end

deleted text begin (c) if it is, in whole or in part, a raw agricultural commodity that bears or contains a
pesticide chemical which is unsafe within the meaning of section 408 of the Federal
Food, Drug, and Cosmetic Act;
deleted text end

deleted text begin (d) if it bears or contains a food additive which is unsafe within the meaning of
section 409 of the Federal Food, Drug, and Cosmetic Act;
deleted text end

deleted text begin (e) if it bears or contains a color additive which is unsafe within the meaning of
section 706 of the Federal Food, Drug, and Cosmetic Act;
deleted text end

deleted text begin (f) if it contains a filthy, putrid, or decomposed substance or is for any other reason
unfit for human food;
deleted text end

deleted text begin (g) if it has been prepared, packed, or held under unsanitary conditions so that it may
be contaminated with filth or harmful to health;
deleted text end

deleted text begin (h) if it is wholly or partly the product of an animal which has died otherwise than
by slaughter;
deleted text end

deleted text begin (i) if its container is wholly or partly composed of a poisonous or harmful substance
which may make the contents harmful to health;
deleted text end

deleted text begin (j) if it has been intentionally subjected to radiation, unless the use of the radiation
conformed with a regulation or exemption in effect under section 409 of the Federal
Food, Drug, and Cosmetic Act;
deleted text end

deleted text begin (k) if a valuable constituent has been wholly or partly omitted or removed from it;
if a substance has been wholly or partly substituted for it; if damage or inferiority has
been concealed; or if a substance has been added to it or mixed or packed with it so as
to increase its bulk or weight, reduce its quality or strength, or make it appear better
or of greater value than it is; or
deleted text end

deleted text begin (l) if it is margarine containing animal fat and any of the raw material used in it
wholly or partly consisted of a filthy, putrid, or decomposed substance.
deleted text end

Sec. 20.

Minnesota Statutes 2010, section 31A.02, subdivision 14, is amended to read:

Subd. 14.

Misbranded.

"Misbranded" means deleted text begin a carcass, part of a carcass, meat,
poultry, poultry food product, or meat food product under one or more of the following
circumstances: deleted text end new text begin an item is covered by one or more of the clauses in section 34A.03,
paragraph (a).
new text end

deleted text begin (a) if its labeling is false or misleading;
deleted text end

deleted text begin (b) if it is offered for sale under the name of another food;
deleted text end

deleted text begin (c) if it is an imitation of another food, unless its label bears, in type of uniform
size and prominence, the word "imitation" followed immediately by the name of the
food imitated;
deleted text end

deleted text begin (d) if its container is made, formed, or filled so as to be misleading;
deleted text end

deleted text begin (e) if its package or other container does not have a label showing (1) the name and
place of business of the manufacturer, packer, or distributor; and (2) an accurate statement
of the quantity of the contents in terms of weight, measure, or numerical count subject
to reasonable variations permitted and exemptions for small packages established in
rules of the commissioner;
deleted text end

deleted text begin (f) if a word, statement, or other information required by or under authority of this
chapter to appear on the label or other labeling is not prominently and conspicuously
placed on the label or labeling in terms that make it likely to be read and understood by the
ordinary individual under customary conditions of purchase and use;
deleted text end

deleted text begin (g) if it is represented as a food for which a definition and standard of identity or
composition has been prescribed by rules of the commissioner under section 31A.07,
unless (1) it conforms to the definition and standard, and (2) its label bears the name of the
food specified in the definition and standard and, if required by the rules, the common
names of optional ingredients, other than spices, flavoring, and coloring, present in the
food;
deleted text end

deleted text begin (h) if it is represented as a food for which a standard of fill of container has been
prescribed by rules of the commissioner under section 31A.07, and it falls below the
applicable standard of fill of container, unless its label bears, in the manner and form the
rules specify, a statement that it falls below the standard;
deleted text end

deleted text begin (i) if it is not subject to paragraph (g), unless its label bears (1) the usual name of
the food, if there is one, and (2) in case it is fabricated from two or more ingredients,
the common or usual name of each ingredient; except that spices, flavorings, and
colorings may, when authorized by the commissioner, be designated as spices, flavorings,
and colorings without naming each. To the extent that compliance with clause (2) is
impracticable, or results in deception or unfair competition, the commissioner shall
establish exemptions by rule;
deleted text end

deleted text begin (j) if it purports to be or is represented for special dietary uses, unless its label bears
the information concerning its vitamin, mineral, and other dietary properties that the
commissioner, after consultation with the Secretary of Agriculture of the United States,
determines by rule to be necessary to inform purchasers of its value for special dietary uses;
deleted text end

deleted text begin (k) if it bears or contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling stating that fact;
deleted text end

deleted text begin (l) if it fails to bear, directly or on its container, as the commissioner by rule
prescribes, the inspection legend and other information the commissioner may require by
rule to assure that it will not have false or misleading labeling and that the public will be
told how to keep the article wholesome.
deleted text end

Sec. 21.

Minnesota Statutes 2010, section 31A.02, subdivision 15, is amended to read:

Subd. 15.

Label.

"Label" deleted text begin means a display of written, printed, or graphic matter on
an article's immediate container, not including package liners deleted text end new text begin has the meaning given
in section 34A.01, subdivision 6 new text end .

Sec. 22.

Minnesota Statutes 2010, section 31A.02, subdivision 16, is amended to read:

Subd. 16.

Labeling.

"Labeling" deleted text begin means labels and other written, printed, or graphic
matter (1) on an article or its containers or wrappers, or (2) accompanying an article deleted text end new text begin has
the meaning given in section 34A.01, subdivision 7 new text end .

Sec. 23.

Minnesota Statutes 2010, section 31A.23, is amended to read:

31A.23 DETENTION OF ANIMALS OR PRODUCTS.

This section applies to a carcass, part of a carcass, meat, or meat food product of an
animal, a product exempted from the definition of a meat food product, or a dead, dying,
disabled, or diseased animal. If an authorized representative of the commissioner finds
such an article or animal on premises where it is held for purposes of, during, or after
distribution in intrastate commerce, and there is reason to believe that it is adulterated or
misbranded and is usable as human food, or that it has not been inspected, in violation of
sections 31A.01 to 31A.16, the Federal Meat Inspection Act, or the Federal Food, Drug,
and Cosmetic Act, or that the article or animal has been or is intended to be distributed in
violation of a provision of those laws, it may be detained by the representative for up to
20 days pending action under section deleted text begin 31A.24 deleted text end new text begin 34A.11, subdivision 2, new text end or notification of
federal authorities having jurisdiction over the article or animal. It must not be moved
by a person, firm, or corporation from the place at which it is located when detained,
until released by the representative. The representative may require all official marks to
be removed from the article or animal before it is released unless the commissioner is
satisfied that the article or animal is eligible to retain the official marks.

Sec. 24.

Minnesota Statutes 2010, section 32.01, subdivision 11, is amended to read:

Subd. 11.

Adulterated.

"Adulterated" deleted text begin has the meaning given it in section 31.01,
subdivision 19, and acts amendatory thereof deleted text end new text begin means an item is covered by one or more of
the clauses in section 34A.02, subdivision 1 new text end .

Sec. 25.

Minnesota Statutes 2010, section 32.01, subdivision 12, is amended to read:

Subd. 12.

Misbranded.

"Misbranded" or "misbranding" deleted text begin has the meaning given in
section 31.01, subdivision 5, and acts amendatory thereof deleted text end new text begin means an item is covered by one
or more of the clauses in section 34A.03, paragraph (a) new text end .

Sec. 26.

new text begin [34A.01] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section and chapters 28, 28A,
29, 30, 31, 31A, 32, and 34 apply to this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of agriculture.
new text end

new text begin Subd. 3. new text end

new text begin Federal act. new text end

new text begin "Federal act" means the federal Food, Drug, and Cosmetic
Act, as amended, United States Code, title 21, sections 301 et seq.
new text end

new text begin Subd. 4. new text end

new text begin Food. new text end

new text begin "Food" means every ingredient used for, entering into the
consumption of, or used or intended for use in the preparation of food, drink, confectionery,
or condiment for humans or other animals, whether simple, mixed, or compound; and
articles used as components of these ingredients.
new text end

new text begin Subd. 5. new text end

new text begin Frozen food. new text end

new text begin "Frozen food" is food that is processed and preserved by
freezing and which is intended to be sold in the frozen state.
new text end

new text begin Subd. 6. new text end

new text begin Label. new text end

new text begin "Label" means a display of written, printed, or graphic matter
upon or affixed to:
new text end

new text begin (1) the container of any food, and includes a like display, if required by law or rule,
on the outside container or wrapper, if there is one, of the retail package of the food,
not including package liners; or
new text end

new text begin (2) the invoice or delivery slip with which commercial feed is distributed.
new text end

new text begin Subd. 7. new text end

new text begin Labeling. new text end

new text begin "Labeling" means labels and other written, printed, or graphic
matter:
new text end

new text begin (1) on food or its containers or wrappers;
new text end

new text begin (2) accompanying or supporting food; or
new text end

new text begin (3) a placard in, on, or adjacent to the food.
new text end

new text begin Subd. 8. new text end

new text begin Nonperishable food. new text end

new text begin "Nonperishable food" is food with a shelf life of
more than 90 days and that is not perishable food, readily perishable food, or frozen food.
new text end

new text begin Subd. 9. new text end

new text begin Perishable food. new text end

new text begin "Perishable food" means food including, but not limited
to, fresh fruits, fresh vegetables, and other products that need protection from extremes of
temperatures in order to avoid decomposition by microbial growth or otherwise.
new text end

new text begin Subd. 10. new text end

new text begin Person. new text end

new text begin "Person" means any individual, firm, partnership, cooperative,
society, joint stock association, association, company, or corporation and includes any
officer, employee, agent, trustee, receiver, assignee, or other similar business entity or
representative of one of those entities.
new text end

new text begin Subd. 11. new text end

new text begin Readily perishable food. new text end

new text begin "Readily perishable food" is food or a food
ingredient consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry,
or other food or food ingredient that is capable of supporting growth of infectious or
toxigenic microorganisms. Readily perishable food requires time and temperature control
to limit pathogenic microorganism growth or toxin formation.
new text end

new text begin Subd. 12. new text end

new text begin Sell; sale. new text end

new text begin "Sell" and "sale" mean keeping, offering, or exposing for sale,
use, transporting, transferring, negotiating, soliciting, or exchanging food; having in
possession with intent to sell, use, transport, negotiate, solicit, or exchange food; storing,
manufacturing, producing, processing, packing, and holding of food for sale; dispensing or
giving food; or supplying or applying food in the conduct of any food operation or carrying
food in aid of traffic in food whether done or permitted in person or through others.
new text end

Sec. 27.

new text begin [34A.012] EXCLUSIONS.
new text end

new text begin The following items are not perishable food, readily perishable food, or frozen food:
new text end

new text begin (1) packaged pickles;
new text end

new text begin (2) jellies, jams, and condiments in sealed containers;
new text end

new text begin (3) bakery products such as bread, rolls, buns, donuts, fruit-filled pies, and pastries;
new text end

new text begin (4) dehydrated packaged food;
new text end

new text begin (5) dry or packaged food with a water activity that precludes development of
microorganisms; and
new text end

new text begin (6) food in unopened hermetically sealed containers that is commercially processed
to achieve and maintain commercial sterility under conditions of nonrefrigerated storage
and distribution.
new text end

Sec. 28.

new text begin [34A.02] ADULTERATION.
new text end

new text begin Subdivision 1. new text end

new text begin Adulterated food. new text end

new text begin Food is adulterated if:
new text end

new text begin (1) it bears or contains any poisonous or deleterious substance which may render it
injurious to human or animal health; but if the substance is not an added substance, the
item is not adulterated under this clause if the quantity of the substance in the item does
not ordinarily render it injurious to human or animal health;
new text end

new text begin (2) it bears or contains any added poisonous, deleterious, or nonnutritive substance,
other than one which is a pesticide in or on a raw agricultural commodity; a food additive;
or a color additive, that is unsafe within the meaning of section 31.122 or section 406
of the federal act;
new text end

new text begin (3) it bears or contains, by administration of a substance to the live animal or
otherwise, an added poisonous or harmful substance, other than a pesticide in or on a raw
agricultural commodity, a food additive, or a color additive, that may, in the judgment of
the commissioner, make the article unfit for human food;
new text end

new text begin (4) it is unsafe or bears or contains any food additive that is unsafe within the
meaning of section 31.122 or section 409 of the federal act;
new text end

new text begin (5) it is or bears or contains any color additive that is unsafe within the meaning of
section 31.122 or section 706 of the federal act;
new text end

new text begin (6) it is a raw agricultural commodity and it bears or contains a pesticide that is
unsafe within the meaning of section 31.122 or section 408 of the federal act;
new text end

new text begin (7) it consists in whole or in part of a diseased, contaminated, filthy, putrid, or
decomposed substance, or if it is otherwise unfit for food;
new text end

new text begin (8) it has been produced, prepared, packed, or held under unsanitary conditions
whereby it may have become contaminated with filth, or whereby it may have been
rendered diseased, unwholesome, or injurious to human or animal health;
new text end

new text begin (9) it is in whole or in part the product of a diseased animal or of an animal which
has died otherwise than by slaughter that is unsafe within the meaning of section 402(a)(1)
or (2) of the federal act, or of an animal that has been fed upon the uncooked offal from a
slaughterhouse;
new text end

new text begin (10) its container is wholly or partly composed of any poisonous or deleterious
substance that may render the contents injurious to human or animal health;
new text end

new text begin (11) it has been intentionally subjected to radiation, unless the use of the radiation
was in conformity with a rule, regulation, or exemption in effect pursuant to section
31.122 or section 409 of the federal act;
new text end

new text begin (12) any valuable constituent has been in whole or in part omitted or abstracted
therefrom; if any substance has been substituted wholly or in part therefor; or if damage
or inferiority has been concealed in any manner. In the case of commercial feed, the
substituted constituent must be of lesser value in order to be adulterated;
new text end

new text begin (13) any substance has been added to it or mixed or packed with it so as to increase
its bulk or weight, reduce its quality or strength, or make it appear better or of greater
value than it is;
new text end

new text begin (14) its composition or quality falls below or differs from that which it is purported
or is represented to possess by its labeling; or
new text end

new text begin (15) it is confectionery and:
new text end

new text begin (i) has partially or completely imbedded therein any nonnutritive object; provided,
that this clause does not apply in the case of any nonnutritive object if in the judgment
of the commissioner, as provided by rules, the object is of practical functional value to
the confectionery product and would not render the product injurious or hazardous to
human or animal health; or
new text end

new text begin (ii) bears or contains any nonnutritive substance; provided that this item does not
apply to a confection containing alcohol as defined in section 31.76, or a safe nonnutritive
substance which is in or on confectionery by reason of its use for some practical functional
purpose in the manufacture, packaging, or storing of the confectionery if the use of the
substance does not promote deception of the consumer or otherwise result in adulteration
or misbranding in violation of this chapter, and provided further that the commissioner
may, for the purpose of avoiding or resolving uncertainty as to the application of this
clause, issue rules allowing or prohibiting the use of particular nonnutritive substances.
new text end

new text begin Subd. 2. new text end

new text begin Commercial feed or material. new text end

new text begin For only commercial feed or material
exempted from the definition of commercial feed under section 25.33, subdivision 5,
an item is adulterated if:
new text end

new text begin (1) it contains viable weed seeds in amounts exceeding limits established by the
commissioner by rule or in sections 21.71 to 21.78;
new text end

new text begin (2) it is, bears, or contains any new animal drug which is unsafe within the meaning
of section 512 of the federal act; or
new text end

new text begin (3) it contains a drug and the methods used in or the facilities or controls used for its
manufacture, processing, or packaging do not conform to the current good manufacturing
practice rules promulgated by the commissioner to ensure that the drug meets the safety
requirements of sections 25.31 to 25.43 and has the identity and strength and meets the
quality and purity characteristics that it purports or is represented to possess. In adopting
rules under this clause, the commissioner shall adopt the current good manufacturing
practice rules for medicated feed premixes and for medicated feeds established under
authority of the federal act, unless the commissioner determines that they are not
appropriate to the conditions that exist in this state.
new text end

Sec. 29.

new text begin [34A.03] MISBRANDING.
new text end

new text begin (a) Food is misbranded if:
new text end

new text begin (1) its labeling is false or misleading in any particular, or its labeling, whether on
the item itself, its container, or its package, fails to conform with the requirements of
this chapter;
new text end

new text begin (2) it is offered for sale or distributed under the name of another food;
new text end

new text begin (3) it is an imitation of another food for which a definition and standard of identity
have been prescribed by rules as provided by sections 31.10 and 31.102; or if it is an
imitation of another food that is not subject to clause (5), unless in either case its label
bears in type of uniform size and prominence the word "imitation" and immediately
thereafter the name of the food imitated;
new text end

new text begin (4) its container is so made, formed, or filled as to be misleading;
new text end

new text begin (5) it purports to be or is represented as a food for which a definition and standard
of identity have been prescribed by rules as provided by sections 31.10, 31.102, and
31A.07 unless it conforms to that definition and standard, and its label bears the name
of the food specified in the definition and standard, and insofar as may be required by
the rules, the common names of optional ingredients, other than spices, flavoring, and
coloring, present in the food;
new text end

new text begin (6) it purports to be or is represented as:
new text end

new text begin (i) a food for which a standard of quality has been prescribed by rules as provided by
sections 31.10 and 31.102, and its quality falls below that standard unless its label bears in
a manner and form the rules specify, a statement that it falls below the standard; or
new text end

new text begin (ii) a food for which a standard or standards of fill of container have been prescribed
by rule as provided by sections 31.10, 31.102, and 31A.07, and it falls below the standard
of fill of container applicable thereto unless its label bears, in a manner and form the rules
specify, a statement that it falls below the standard;
new text end

new text begin (7) it is not subject to clause (5), unless it bears labeling clearly giving the common
or usual name of the food, if there is one, and in case it is fabricated from two or more
ingredients, the common or usual name of each ingredient, except that spices, flavorings,
and colorings, other than those sold as such, may be designated as spices, flavorings, and
colorings, without naming each; provided, that to the extent that compliance with the
requirements of this clause is impractical or results in deception or unfair competition,
exemptions must be established by rules promulgated by the commissioner;
new text end

new text begin (8) it purports to be or is represented for special dietary uses, unless its label
bears information concerning its vitamin, mineral, and other dietary properties as the
commissioner determines to be, and by rules prescribed as, necessary in order to fully
inform purchasers as to its value for those uses;
new text end

new text begin (9) it bears or contains any artificial flavoring, artificial coloring, or chemical
preservative, unless it bears labeling stating that fact; provided that, to the extent that
compliance with the requirements of this clause is impracticable, exemptions must be
established by rules promulgated by the commissioner. The provisions of this clause and
clauses (5) and (7) with respect to artificial coloring do not apply to butter, cheese, or ice
cream. The provisions with respect to chemical preservatives do not apply to a pesticide
when used in or on a raw agricultural commodity which is the product of the soil;
new text end

new text begin (10) it is a product intended as an ingredient of another food and when used
according to the directions of the purveyor will result in the final food product being
adulterated or misbranded;
new text end

new text begin (11) it is a color additive unless its packaging and labeling are in conformity with
such packaging and labeling requirements applicable to the color additive prescribed
under the provisions of the federal act;
new text end

new text begin (12) it is food subject to section 31.101, subdivision 10, or chapter 31A, that fails to
bear, directly or on its container, as the commissioner by rule prescribes, the inspection
legend and other information the commissioner may require by rule to ensure that it
will not have false or misleading labeling, and that the public will be told how to keep
the article wholesome; or
new text end

new text begin (13) its labeling would deceive or mislead the purchaser with respect to its
composition or suitability.
new text end

new text begin (b) Food is also misbranded if it is a raw agricultural commodity which is the
product of the soil, bearing or containing a pesticide applied after harvest, unless the
shipping container of that commodity bears labeling which declares the presence of the
chemical in or on the commodity and the common or usual name and the function of the
chemical. No such declaration is required while the commodity, having been removed
from the shipping container, is being held or displayed for sale at retail out of the container
in accordance with the custom of the trade.
new text end

Sec. 30.

new text begin [34A.04] ENFORCEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Enforcement required. new text end

new text begin (a) The commissioner shall enforce this
chapter and chapters 28, 28A, 29, 30, 31, 31A, and 34. To carry out the enforcement duties
under these chapters, the commissioner may, upon presenting appropriate credentials,
during regular working hours and at other reasonable times, inspect premises subject
to the commissioner's enforcement and licensing authority; require information from
persons with information relevant to an inspection; and inspect and copy relevant papers
and records, including business records.
new text end

new text begin (b) The commissioner may administer oaths, take and cause to be taken depositions
of witnesses, and issue subpoenas, and may petition the district court in the county in which
the premises is located to compel compliance with subpoenas or to permit an inspection.
new text end

new text begin (c) Violations of chapters 28, 28A, 29, 30, 31, 31A, and 34, or rules adopted under
chapters 28, 28A, 29, 30, 31, 31A, and 34 are a violation of this chapter.
new text end

new text begin (d) Upon the request of the commissioner, county attorneys, sheriffs, and other
officers having authority in the enforcement of the general criminal laws shall take action
to the extent of their authority necessary or proper for the enforcement of this chapter or
standards, stipulations, and agreements of the commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner's discretion. new text end

new text begin If minor violations of this chapter occur or
the commissioner believes the public interest will be best served by a suitable notice of
warning in writing, this chapter does not require the commissioner to take any additional
action.
new text end

new text begin Subd. 3. new text end

new text begin Civil actions. new text end

new text begin Civil judicial enforcement actions may be brought by the
attorney general in the name of the state on behalf of the commissioner. A county attorney
may bring a civil judicial enforcement action upon the request of the commissioner and
agreement by the attorney general.
new text end

new text begin Subd. 4. new text end

new text begin Injunction. new text end

new text begin The commissioner may apply to a court with jurisdiction for a
temporary or permanent injunction to prevent, restrain, or enjoin violations of provisions
of this chapter.
new text end

new text begin Subd. 5. new text end

new text begin Criminal actions. new text end

new text begin Each county attorney or city attorney to whom the
commissioner reports any violation of this chapter shall institute appropriate proceedings
in the proper courts without delay and prosecute them in the manner required by law. If
the county or city attorney refuses to prosecute, the attorney general, on request of the
commissioner, may prosecute.
new text end

Sec. 31.

new text begin [34A.05] FALSE STATEMENT OR RECORD.
new text end

new text begin A person must not knowingly make or offer a false statement, record, or other
information as part of:
new text end

new text begin (1) an application for registration, listing, license, certification, or permit subject
to this chapter;
new text end

new text begin (2) records or reports required subject to this chapter; or
new text end

new text begin (3) an investigation of a violation of this chapter.
new text end

Sec. 32.

new text begin [34A.051] ILLEGAL SALES.
new text end

new text begin It is a violation of law to sell in or into Minnesota food that is from a place of
business located outside of Minnesota that has not been licensed, inspected, permitted,
or otherwise approved by the local, tribal, state, or national government charged with
enforcement of food safety regulations in that jurisdiction or by Minnesota, unless the
product itself has been so inspected and approved and bears a stamp or similar indicia
of such inspection and approval.
new text end

Sec. 33.

new text begin [34A.06] ADMINISTRATIVE ACTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Administrative enforcement. new text end

new text begin (a) The commissioner may enforce
this chapter by written warning, administrative meeting, cease and desist, forced sale,
detain, embargo, condemnation, citation, corrective action order, seizure, agreement,
withdrawal from distribution, or administrative penalty if the commissioner determines
that the remedy is in the public interest.
new text end

new text begin (b) For facilities required to submit a plan review under Minnesota Rules, chapter
4626, the commissioner may withdraw by written order the approval of a facility or
equipment if:
new text end

new text begin (1) hazards to human life exist; or
new text end

new text begin (2) there is satisfactory evidence that the person to whom the approval was issued
has used fraudulent or deceptive practices to evade or attempt to evade provisions of
this chapter.
new text end

new text begin (c) Any action under this subdivision may be appealed pursuant to section 34A.08.
new text end

new text begin Subd. 2. new text end

new text begin License revocation, suspension, and refusal. new text end

new text begin (a) The commissioner
may revoke, suspend, limit, modify, or refuse to grant or renew a registration, listing,
permit, license, or certification if a person violates or has violated this chapter within
the last three years.
new text end

new text begin (b) The commissioner may revoke, suspend, limit, modify, or refuse to grant or
renew a registration, listing, permit, license, or certification to a person from another state
if that person has had a registration, permit, license, or certification denied, revoked,
or suspended by another state for an offense reasonably related to the requirements,
qualifications, or duties of a registration, permit, license, or certification issued under
this chapter.
new text end

new text begin (c) The commissioner may revoke, suspend, limit, modify, or refuse to grant or
renew a registration, listing, permit, license, or certification to a person after receiving
satisfactory evidence that the registrant, permittee, licensee, or certificate holder has used
fraudulent and deceptive practices in the evasion or attempted evasion of this chapter.
new text end

new text begin (d) A registration, listing, permit, license, or certification may not be revoked or
suspended until the registrant, permittee, licensee, or certificate holder has been given
opportunity for a hearing by the commissioner. After receiving notice of revocation or
suspension, a registrant, permittee, licensee, registrant, or certificate holder has ten days to
request a hearing, or another time period mutually agreed to by both parties. If no request is
made within ten days or other agreed-upon time, the registration, listing, permit, license, or
certification is revoked or suspended. In the case of a refusal to grant a registration, listing,
permit, license, or certification, the registrant, permittee, licensee, registrant, or certificate
holder has ten days from notice of refusal to request a hearing. Upon receiving a request
for hearing, the department shall proceed pursuant to section 34A.08, subdivision 2.
new text end

Sec. 34.

new text begin [34A.07] ADMINISTRATIVE PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Assessment. new text end

new text begin (a) In determining the amount of the administrative
penalty, the commissioner shall consider the economic gain received by the person
allowing or committing the violation, the gravity of the violation in terms of actual or
potential damage to human or animal health and the environment, the willfulness of the
violation, number of violations, history of past violations, and other factors justice may
require, if the additional factors are specifically identified in the inspection report. For a
violation after an initial violation, the commissioner shall also consider the similarity of
the most recent previous violation and the violation to be penalized, the time elapsed since
the last violation, the number of previous violations, and the response of the person to the
most recent previous violation identified.
new text end

new text begin (b) The commissioner may issue an administrative citation assessing an
administrative penalty of up to $1,500 for each violation of this chapter. Each day a
violation continues is a separate violation. The citation must describe the nature of the
violation, the statute or rule alleged to have been violated, the time for correction, if
applicable, and the amount of any proposed fine. The citation must advise the person to
notify the commissioner in writing within 20 days, or another time period mutually agreed
to by the commissioner and the person subject to the citation, if the person wishes to
appeal the citation and that if the person fails to appeal the citation, the citation is the
final order and not subject to further review.
new text end

new text begin (c) An administrative penalty may be assessed if the person subject to a written order
does not comply with the order in the time provided in the order.
new text end

new text begin Subd. 2. new text end

new text begin Collection of penalty. new text end

new text begin (a) If a person subject to an administrative penalty
fails to pay the penalty, which must be part of a final citation by the commissioner, by 30
days after the final order is issued, the commissioner may commence a civil action for
double the assessed penalty plus attorney fees and costs.
new text end

new text begin (b) An administrative penalty may be recovered in a civil action in the name of the
state brought in the district court of the county where the violation is alleged to have
occurred or the district court where the commissioner has an office.
new text end

Sec. 35.

new text begin [34A.08] APPEAL OF ADMINISTRATIVE ACTION OR PENALTY.
new text end

new text begin Subdivision 1. new text end

new text begin Notice of appeal. new text end

new text begin (a) After service of a citation under section 34A.07
or order under section 34A.06, subdivision 1, a person has 20 days from receipt of the
citation or order, or another time period mutually agreed to by the commissioner and the
person subject to the citation or order, to notify the commissioner in writing that the
person intends to contest the citation or order through a hearing. The hearing request
must specifically identify the order or citation being contested and state the grounds for
contesting it.
new text end

new text begin (b) If the person fails to notify the commissioner that the person intends to contest
the citation or order, the citation or order is final and not subject to further judicial or
administrative review.
new text end

new text begin Subd. 2. new text end

new text begin Administrative review. new text end

new text begin If a person notifies the commissioner that
the person intends to contest a citation or order issued under this chapter, the Office
of Administrative Hearings shall conduct a hearing in accordance with the applicable
provisions of chapter 14 for hearings in contested cases.
new text end

Sec. 36.

new text begin [34A.09] CIVIL PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin General penalty. new text end

new text begin A person who violates this chapter or an order,
standard, stipulation, agreement, citation, or schedule of compliance of the commissioner
or impedes, hinders, or otherwise prevents or attempts to prevent performance of a duty
by the commissioner in connection with this chapter is subject to a civil penalty of up to
$7,500 per day of violation as determined by the court.
new text end

new text begin Subd. 2. new text end

new text begin Actions to compel performance. new text end

new text begin In an action to compel performance of
an order of the commissioner to enforce this chapter, the court must require a defendant
adjudged responsible to perform the acts within the person's power that are reasonably
necessary to accomplish the purposes of the order.
new text end

new text begin Subd. 3. new text end

new text begin Recovery of penalties by civil action. new text end

new text begin The civil penalties and payments
provided for in this section may be recovered by a civil action brought by the county
attorney or the attorney general in the name of the state.
new text end

Sec. 37.

new text begin [34A.10] CRIMINAL PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin General violation. new text end

new text begin Except as provided in subdivisions 2 and 3, a
person is guilty of a misdemeanor if the person violates this chapter or an order, standard,
citation, stipulation, agreement, or schedule of compliance of the commissioner, or
impedes, hinders, or otherwise prevents, or attempts to prevent the commissioner or a
duly authorized agent in performance of a duty in connection with this chapter. Unless
otherwise specified in this chapter, each separate violation is a separate offense, except
that in the case of a violation through continuing failure or neglect to obey this chapter,
each day the failure or neglect continues is a separate offense.
new text end

new text begin Subd. 2. new text end

new text begin Violation endangering humans or animals. new text end

new text begin A person is guilty of a
gross misdemeanor if the person violates this chapter or an order, standard, stipulation,
agreement, or schedule of compliance of the commissioner and the violation endangers
humans or animals.
new text end

new text begin Subd. 3. new text end

new text begin Violation with knowledge. new text end

new text begin A person is guilty of a gross misdemeanor if
the person knowingly violates this chapter or an order, standard, stipulation, agreement, or
schedule of compliance of the commissioner.
new text end

Sec. 38.

new text begin [34A.11] EMBARGO, SEIZURE, AND CONDEMNATION.
new text end

new text begin Subdivision 1. new text end

new text begin Tag, notice, or withdrawal from distribution. new text end

new text begin If the commissioner
finds probable cause to believe that any food, animal, or consumer commodity is being
distributed in violation of this chapter or rules under this chapter, or is adulterated or so
misbranded as to be dangerous or fraudulent, the commissioner shall affix to the food,
animal, or consumer commodity a tag, withdrawal from distribution order, or other
appropriate marking giving notice that the food, animal, or consumer commodity is, or is
suspected of being, adulterated, misbranded, or distributed in violation of this chapter,
and has been detained or embargoed, and warning all persons not to remove or dispose
of the food, animal, or consumer commodity by sale or otherwise until permission for
removal or disposal is given by the commissioner or the court. It is unlawful for a person
to remove or dispose of a detained or embargoed food, animal, or consumer commodity by
sale or otherwise without the commissioner's or a court's permission and each transaction
is a separate violation of this subdivision.
new text end

new text begin Subd. 2. new text end

new text begin Seizure. new text end

new text begin A carcass; part of a carcass; meat or meat food product of an
animal; or dead, dying, disabled, or diseased animal that is being transported in intrastate
commerce, or is held for sale in this state after transportation in intrastate commerce, may
be proceeded against, seized, and condemned if:
new text end

new text begin (1) it is or has been prepared, sold, transported, or otherwise distributed, offered, or
received for distribution in violation of this chapter.
new text end

new text begin (2) it is usable as human food and is adulterated or misbranded; or
new text end

new text begin (3) it is in any other way in violation of this chapter.
new text end

new text begin The commissioner may act against the article or animal at any time on a complaint
in the district court of the judicial district where the article or animal is found.
new text end

new text begin Subd. 3. new text end

new text begin Action for condemnation. new text end

new text begin If food or an article or animal, detained or
embargoed under subdivision 1 has been found by the commissioner to be adulterated
or misbranded or in violation of this chapter, the commissioner shall petition the district
court in the county in which the food or animal is detained or embargoed for an order and
decree for the condemnation of the food or animal. The commissioner shall release the
food or animal when this chapter and rules adopted under this chapter have been complied
with or the food or animal is found to be not adulterated or misbranded.
new text end

new text begin Subd. 4. new text end

new text begin Remedies. new text end

new text begin If the court finds that a detained or embargoed food or animal
is adulterated, misbranded, or in violation of this chapter or rules adopted under this
chapter, the following remedies are available:
new text end

new text begin (1) after entering a decree, the food or animal may be destroyed at the expense of
the claimant under the supervision of the commissioner, and all court costs, fees, storage,
and other proper expenses, must be assessed against the claimant of the food or animal or
the claimant's agent; and
new text end

new text begin (2) if adulteration or misbranding can be corrected by proper labeling or processing
of the food or animal, the court, after entry of the decree and after costs, fees, and expenses
have been paid and a good and sufficient bond, conditioned that the food or animal must
be properly labeled or processed, has been executed, may by order direct that the food or
animal be delivered to the claimant for proper labeling or processing under the supervision
of the commissioner. The expense of the supervision must be paid by the claimant. The
food or animal must be returned to the claimant and the bond must be discharged on the
representation to the court by the commissioner that the food or animal is no longer in
violation and that the expenses for the supervision have been paid.
new text end

new text begin Subd. 5. new text end

new text begin Duties of commissioner. new text end

new text begin If the commissioner finds in any room, building,
vehicle of transportation, or other structure any meat, seafood, poultry, vegetable, fruit, or
other perishable articles of food that are unsound, or contain any filthy, decomposed, or
putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the
commissioner shall condemn or destroy the item or in any other manner render the item as
unsalable as human food, and no one has any cause of action against the commissioner
on account of the commissioner's action.
new text end

new text begin Subd. 6. new text end

new text begin Emergency response. new text end

new text begin If the governor declares an emergency order under
section 12.31 and if the commissioner finds or has probable cause to believe that livestock,
food, or a consumer commodity within a specific area is likely to be adulterated because
of the emergency or so misbranded as to be dangerous or fraudulent, or is in violation of
section 31.131, subdivision 1, the commissioner may embargo a geographic area that is
included in the declared emergency. The commissioner shall provide notice to the public
and to those with custody of the product in as thorough a manner as is practicable under
the emergency circumstances.
new text end

Sec. 39.

new text begin [34A.12] POWERS OF THE COMMISSIONER.
new text end

new text begin Subdivision 1. new text end

new text begin Gathering information. new text end

new text begin The commissioner may, for the purposes
of this chapter:
new text end

new text begin (1) gather and compile information concerning and investigate the organization,
business, conduct, practices, and management of a person in intrastate commerce and
the person's relation to other persons; and
new text end

new text begin (2) require, by general or special orders, a person, persons, or a class of persons
engaged in intrastate commerce to file with the commissioner, in the form the
commissioner prescribes, annual and special reports or answers in writing to specific
questions, giving the commissioner the information the commissioner requires about the
organization, business, conduct, practices, management, and relation to other persons, of
the person filing the reports or answers. The reports and answers must be made under
oath, or otherwise, as the commissioner prescribes, and filed with the commissioner within
a reasonable time the commissioner prescribes, unless additional time is granted by the
commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Examination of documents for evidence. new text end

new text begin (a) For purposes of this
chapter, the commissioner must at all reasonable times be allowed to examine and
copy documentary evidence of a person being investigated or proceeded against. The
commissioner may subpoena witnesses and require the production of documentary
evidence of a person relating to any matter under investigation. The commissioner
may sign subpoenas, administer oaths and affirmations, examine witnesses, and receive
evidence.
new text end

new text begin (b) Attendance of witnesses and the production of documentary evidence may
be required at a designated hearing place. In case of disobedience to a subpoena, the
commissioner may invoke the aid of the district court to require the attendance and
testimony of witnesses and the production of documentary evidence.
new text end

new text begin (c) The district court, in case of refusal to obey a subpoena issued to a person, may
issue an order requiring the person to appear before the commissioner or to produce
documentary evidence if ordered, or to give evidence touching the matter in question.
Failure to obey the order of the court may be punishable by the court as a contempt.
new text end

new text begin (d) Upon the application of the attorney general at the request of the commissioner,
the district court may order a person to comply with this chapter or an order of the
commissioner made under this chapter.
new text end

new text begin (e) The commissioner may order testimony to be taken by deposition in a proceeding
or investigation pending under this chapter at any state of the proceeding or investigation.
Depositions may be taken before a person designated by the commissioner and having
power to administer oaths. The testimony must be reduced to writing by the person taking
the deposition or under the person's direction and must then be signed by the witness. A
person may be compelled to appear and depose and to produce documentary evidence
in the same manner as witnesses may be compelled to appear and testify and produce
documentary evidence before the commissioner.
new text end

new text begin (f) Witnesses summoned before the commissioner may be paid the same fees and
mileage that are paid witnesses in the district courts. Witnesses whose depositions are
taken and the persons taking them may be entitled to the fees that are paid for those
services in the district court.
new text end

new text begin (g) A person is not excused from attending and testifying or from producing books,
papers, schedules of charges, contracts, agreements, or other documentary evidence
before the commissioner or in obedience to the subpoena of the commissioner whether
the subpoena is signed or issued by the commissioner or the commissioner's agent, or in
any cause or proceeding, criminal or otherwise, based upon or growing out of an alleged
violation of this chapter because the testimony or evidence, documentary or otherwise,
required of the person may tend to incriminate the person or subject the person to a
penalty or forfeiture. No person may be prosecuted or subjected to a penalty or forfeiture
on account of a matter concerning which the person is compelled, after having claimed
a privilege against self-incrimination, to testify or produce evidence, documentary or
otherwise, except that a witness is not exempt from prosecution and punishment for
perjury committed in testifying.
new text end

new text begin Subd. 3. new text end

new text begin Penalties related to testimony and records. new text end

new text begin (a) A person who neglects
or refuses to attend and testify, to answer a lawful inquiry, or to produce documentary
evidence, if it is in the person's power to do so in obedience to the subpoena or lawful
requirement of the commissioner, is guilty of a misdemeanor.
new text end

new text begin (b) A person who willfully:
new text end

new text begin (1) makes or causes to be made a false entry or statement of fact in a report required
under this chapter;
new text end

new text begin (2) makes or causes to be made a false entry in an account, record, or memorandum
kept by a person subject to this chapter;
new text end

new text begin (3) neglects or fails to make or to cause to be made full and correct entries in the
accounts, records, or memoranda, of all facts and transactions relating to the person's
business;
new text end

new text begin (4) leaves the jurisdiction of this state;
new text end

new text begin (5) mutilates, alters, or by any other means falsifies documentary evidence of a
person subject to this chapter; or
new text end

new text begin `(6) refuses to submit to the commissioner, for inspection and copying, any
documentary evidence of a person subject to this chapter in the person's possession or
control, is guilty of a misdemeanor.
new text end

new text begin (c) A person required by this chapter to file an annual or special report who fails to
do so within the time fixed by the commissioner for filing the report and continues the
failure for 30 days after notice of failure to file, is guilty of a misdemeanor.
new text end

new text begin (d) An officer or employee of this state who makes public information obtained by
the commissioner without the commissioner's authority, unless directed by a court, is
guilty of a misdemeanor.
new text end

Sec. 40. new text begin REPEALER.
new text end

new text begin (a) new text end new text begin Minnesota Statutes 2010, sections 17.984; 28.15; 28A.12; 28A.13; 29.28; 31.031;
31.041; 31.05; 31.14; 31.393; 31.58; 31.592; 31.621, subdivision 5; 31.631, subdivision
4; 31.633, subdivision 2; 31.681; 31.74, subdivision 3; 31.91; 31A.24; 31A.26; 32.078;
32.475, subdivision 7; 32.61; 32.90; and 34.113, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Rules, parts 1540.0010, subpart 26; 1550.0930, subparts 3, 4, 5, 6,
and 7; 1550.1040, subparts 3, 4, 5, and 6; and 1550.1260, subparts 6 and 7, new text end new text begin are repealed.
new text end