Minnesota Session Laws - 1983, Regular Session

  

                         Laws of Minnesota 1983 

                        CHAPTER 202--S.F.No. 755
           An act relating to agriculture; making changes in the 
          Artificial Dairy Products Act; amending Minnesota 
          Statutes 1982, sections 32.53; 32.531; 32.5311; 
          32.532; 32.533; and proposing new law coded in 
          Minnesota Statutes, chapter 32. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 32.53, is 
amended to read: 
    32.53 [DECLARATION OF POLICY PURPOSE.] 
    Filled dairy products resemble genuine dairy products so 
closely that they lend themselves readily to substitution for or 
confusion with such dairy products, and in many cases cannot be 
distinguished from genuine dairy products by the ordinary 
consumer.  The manufacture, sale, exchange, transportation, 
possession, or offering for sale or exchange of filled dairy 
products creates a condition conducive to substitution, 
confusion, deception, and fraud, and one which if permitted to 
exist tends to interfere with the orderly and fair marketing of 
foods essential to the well being of the people of this state.  
    It is hereby declared to be the purpose of sections 32.53 
to 32.534, to correct and eliminate the condition above referred 
to; to protect the public from confusion, fraud, and deception; 
to prohibit practices inimical to the general welfare; and to 
promote the orderly and fair marketing of essential foods.  
     Sec. 2.  Minnesota Statutes 1982, section 32.531, is 
amended to read: 
    32.531 [DEFINITIONS.] 
    Whenever used in sections 32.53 to 32.534:  
    (a) The term Subdivision 1.  [SCOPE.] For the purposes of 
sections 32.53 to 32.534, the terms defined in this section have 
the meanings given them.  
     Subd. 2.  [PERSON.] "Person" includes means individuals, 
firms, partnerships, associations, trusts, estates, 
corporations, and any and all other business units, devices, or 
arrangements.  
    (b) The term Subd. 3.  [FILLED DAIRY PRODUCT; DAIRY 
PRODUCT.] "Filled dairy product" means any milk, cream, or 
skimmed milk, or any combination thereof, whether or not 
condensed, evaporated, concentrated, frozen, powdered, dried, or 
desiccated, or any food product made or manufactured therefrom, 
to which has been added, or which has been blended or compounded 
with, any fat or oil other than milk fat so that the resulting 
product is in imitation or semblance of any dairy product, 
including "Dairy product" includes, but is not limited to, milk, 
cream, sour cream, butter cream, skimmed milk, ice cream, 
whipped cream, flavored milk or skim milk drink, dried or 
powdered milk, cheese, cream cheese, cottage cheese, creamed 
cottage cheese, ice cream mix, sherbet, condensed milk, 
evaporated milk, or concentrated milk; provided, however, that 
this term shall not be construed to mean or include:  (1) any 
distinctive proprietary food compound not readily mistaken for a 
dairy product, where such compound is customarily used on the 
order or advice of a physician and is prepared and designed for 
medicinal or special dietary use and prominently so labeled; (2) 
any dairy product flavored with chocolate or cocoa, or the 
vitamin content of which has been increased, or both, where the 
fats or oils other than milk fat contained in such product do 
not exceed the amount of cacao fat naturally present in the 
chocolate or cocoa used and the food oil, not in excess of .01 
percent of the weight of the finished product, used as a carrier 
of such vitamins; or (3) oleomargarine, and forms of dairy 
products for which no standard of identity exists which are 
manufactured principally from milk or milk-derived ingredients, 
provided milk-derived ingredients are not used at levels in 
excess of those permitted in similar standardized dairy products.
    (c) The term Subd. 4.  [COMMISSIONER.] "Commissioner" means 
the commissioner of agriculture or the commissioner's designee.  
    Subd. 5.  [ARTIFICIAL DAIRY PRODUCT.] "Artificial dairy 
product" means any food which by its composition, intended use, 
sensory qualities, physical properties, package, or label 
description purports to resemble or imitate any dairy product 
listed in subdivision 3.  "Artificial dairy product" does not 
include:  
    (1) any distinctive proprietary food compound not readily 
mistaken for a dairy product, which is customarily used on the 
order or advice of a physician and is prepared and designed for 
medicinal or special dietary use and predominantly so labeled; 
or 
    (2) any dairy product flavored with chocolate or cocoa, or 
the vitamin content of which has been increased, or both, where 
the fats or oils other than milk fat contained in the product do 
not exceed the amount of cocoa fat naturally present in the 
chocolate or cocoa used and the food oil, not in excess of .01 
percent of the weight of the finished product, used as a carrier 
of the vitamins.  
    Subd. 6.  [MILK.] "Milk" means milk, skim milk, cream, 
lowfat milk, nonfat dry milk, and any fluid derivative of the 
listed items.  
     Subd. 7.  [MILK-DERIVED INGREDIENTS.] "Milk-derived 
ingredients" means buttermilk, whey, products derived from whey, 
casein, lactose, lacto albumen, and any fluid derivative of the 
listed items.  
    Sec. 3.  Minnesota Statutes 1982, section 32.5311, is 
amended to read: 
    32.5311 [FILLED OR ARTIFICIAL DAIRY PRODUCTS, RESTRICTIONS 
AS TO MANUFACTURE, SALE, OR EXCHANGE.] 
    Subdivision 1.  [UNLAWFUL ACT.] It shall be is unlawful for 
any person, firm or corporation, by himself or itself, his or 
its employee or agent, or as the employee or agent of another, 
to knowingly manufacture, sell, or exchange, or to have in 
possession a filled possess an artificial dairy product knowing 
the same to be a filled dairy product and with intent to sell or 
exchange, any filled dairy product either under the name of any 
dairy product, including but not limited to, milk, cream, sour 
cream, butter cream, skimmed milk, ice cream, whipped cream, 
flavored milk or skim milk drink, dried or powdered milk, 
cheese, cream cheese, cottage cheese, creamed cottage cheese, 
ice cream mix, sherbet, condensed milk, evaporated milk, or 
concentrated milk, or as a labeled imitation thereof, or under 
any fictitious or trade name.  Nothing herein shall be deemed to 
prohibit the use of filled dairy products in state institutions 
when approved by the medical director or if there be none, by 
the superintendent of the institution, for the purpose of 
conducting medical research limited to the effect of animal fat 
in the diet of humans which does not adhere to the labeling 
requirements for artificial dairy products in subdivisions 2 to 
5.  
    Subd. 2.  [REQUIRED STATEMENT.] The statement "an 
artificial dairy product" must be indicated in the upper 30 
percent of the principal display panel of the package or 
container of an artificial dairy product.  The statement may not 
be less than one-half of the size of the product name, but in no 
event smaller than one-quarter of an inch or 18 point type, and 
must be of similar type, style, and color.  
    Subd. 3.  [FEDERAL REQUIREMENTS.] Artificial dairy products 
must comply with the applicable federal requirements set forth 
in section 403 of the Federal Food, Drug and Cosmetic Act, and 
Code of Federal Regulations, title 21, sections 101 and 105.  
    Subd. 4.  [PRODUCT NAME.] The product name of an artificial 
dairy product must be presented in bold face type on the 
principal display panel and must be in lines generally parallel 
to the base of the container or package.  
    Subd. 5.  [EXEMPT PRODUCTS.] Nonliquid toppings, dry coffee 
whiteners, frozen liquid whiteners, dips, dressings, and 
margarine-type products are not subject to the requirements in 
this section or section 4.  
    Sec. 4.  [32.5312] [INGREDIENT AND NUTRITIONAL VALUES.] 
    Subdivision 1.  [STATEMENT OF DIFFERENCES.] An artificial 
dairy product must have on the principal display panel 
information which will provide the major differences between the 
artificial dairy product and the dairy product it resembles. The 
information must be in a type size which is at least 25 percent 
of the name of the artificial dairy product, but not less than 
one-eighth of an inch.  This information shall include the 
difference in the fat or oil used and the major difference in 
the basic ingredients used to replace nonfat milk solids.  
    Subd. 2.  [NUTRITIONAL PANEL.] A nutritional panel must be 
provided on an artificial dairy product which indicates the 
quantitative nutritional differences between the artificial 
dairy product and the dairy product it resembles in comparative 
columns.  The nutrients to be included are those for which a 
U.S. Recommended Daily Allowance has been established.  
    Subd. 3.  [EXEMPTION.] This section does not apply to any 
package containing an individual serving of less than one-half 
ounce or one-half fluid ounce of an artificial dairy product for 
use in a restaurant, institution, or passenger carrier, and not 
otherwise packaged for sale at retail.  
    Sec. 5.  Minnesota Statutes 1982, section 32.532, is 
amended to read: 
    32.532 [ENFORCEMENT.] 
    The commissioner is authorized and directed to administer 
and supervise the enforcement of sections 32.53 to 32.534; to 
provide for such periodic inspections and investigations as he 
may deem necessary to disclose violations; to receive and 
provide for the investigation of complaints; and to provide for 
the institution and prosecution of civil or criminal actions or 
both.  The provisions of these sections may be enforced by 
injunction in any court having jurisdiction to grant injunctive 
relief, and filled.  Artificial dairy products illegally held or 
otherwise involved in a violation of these sections shall be are 
subject to seizure and disposition in accordance with an 
appropriate court order or any applicable regulation a rule 
adopted by the commissioner.  The commissioner may adopt 
temporary or permanent rules necessary to implement and 
administer sections 32.53 to 32.534.  
    Sec. 6.  Minnesota Statutes 1982, section 32.533, is 
amended to read: 
    32.533 [OPERATION AND EFFECT.] 
    Sections 32.53 to 32.534 are supplemental to all other laws 
relating to filled artificial dairy products not expressly 
referred to therein, and to all laws relating to the 
manufacture, sale, exchange, or transportation of filled 
artificial dairy products, or the manufacture or possession 
thereof, with the intent to sell, exchange or transport the 
same, either within or without outside the state of Minnesota, 
and shall not be construed to modify, repeal, or in any wise 
affect any part or provisions of any such laws not expressly 
repealed therein. 
     Sec. 7.  [EFFECTIVE DATE.] 
     Sections 1 to 6 are effective on January 1, 1984. 
    Approved May 20, 1983