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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1984 

                        CHAPTER 476-S.F.No. 1879
           An act relating to agriculture; regulating the bulk 
          sale of food; proposing new law coded in Minnesota 
          Statutes, chapter 31. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [31.80] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] For the purposes of sections 1 to 
10, the terms defined in this section have the meanings given 
them.  
    Subd. 2.  [BULK FOOD.] "Bulk food" means unpackaged and 
unwrapped food in aggregate containers from which quantities are 
withdrawn by the consumer, excluding fresh fruits, fresh 
vegetables, nuts in the shell, and food in salad bars.  
    Subd. 3.  [PRODUCT MODULE.] "Product module" means a 
multi-use or single service food contact container designed for 
customer self-service of bulk food by either direct or indirect 
means.  
    Sec. 2.  [31.81] [SCOPE.] 
    Sections 1 to 10 apply to persons required to be licensed 
as retail food handlers under chapter 28A.  
    Sec. 3.  [31.82] [LABELING.] 
    Bulk food product modules must be conspicuously labeled 
with the common name of the product, a list of ingredients in 
order of predominance, and a declaration of artificial color or 
flavor and any chemical preservatives contained in the product. 
This section does not apply to bulk food manufactured on the 
premises or manufactured by the same person.  
    Sec. 4.  [31.83] [PROTECTION.] 
    Subdivision 1.  [CONTAINERS AND DISPLAY.] Bulk food and 
product modules must be protected from contamination during 
display, customer self-service, refilling, and storage.  Each 
product module must have a tight-fitting lid that is kept in a 
closed position at all times except during stocking and customer 
service.  Containers supplied by customers may not be used by 
others in a manner that contaminates bulk food.  Take-home 
containers, including bags, cups, and lids, provided for 
customer use must be stored and dispensed in a sanitary manner. 
Pet food and non-food items must be separated from product 
modules and bulk food.  
    Subd. 2.  [FOOD SOLD AS BULK FOOD.] Food that consists in 
whole or in part of milk or milk products, eggs, meat, poultry, 
fish, shellfish, edible crustacea, or other ingredients in a 
form capable of supporting rapid and progressive growth of 
infectious or toxigenic microorganisms may not be sold as bulk 
food.  Clean, whole, uncracked, odor-free shell eggs and food 
that has a pH level of 4.6 or below or a water activity value of 
0.85 or less at 25 degrees centigrade may be sold as bulk food. 
Bulk food removed from a product module by a consumer may not be 
offered for resale.  
    Sec. 5.  [31.84] [DISPENSING.] 
    Subdivision 1.  [DISPENSING DEVICES.] Bulk food may be 
dispensed by:  mechanical dispensing devices including gravity 
dispensers, pumps, extruders, and augers; or manual dispensing 
utensils including tongs, scoops, ladles, and spatulas.  
    Subd. 2.  [UTENSILS.] A manual dispensing utensil must have 
a handle long enough to avoid consumer contact with the bulk 
food.  When not in use, dispensing utensils must be stored 
either in the food with the handle extended out of the food; or 
in a protective enclosure attached or adjacent to the display 
unit with the utensil on a tether of easily cleanable material 
short enough to prevent contact with the floor.  
    Sec. 6.  [31.85] [CONSTRUCTION; MATERIALS.] 
    Subdivision 1.  [PRODUCT MODULES AND UTENSILS.] Product 
modules and utensils must be metal or plastic and corrosion 
resistant, nonabsorbent, smooth, easily cleanable, and durable 
under conditions of normal use.  They may not impart odors, 
color, taste, or contamination to the food. Product modules must 
be easily removable from the display unit for servicing unless 
they can be effectively cleaned and sanitized without removal by 
a procedure that will not contaminate bulk food or related 
equipment.  
    Subd. 2.  [NON-CONTACT SURFACES.] Surfaces of product 
module display units, tethers, and all display equipment not 
intended for food contact, but exposed to food debris or other 
soiling, must be nonabsorbent, smooth, cleanable, durable under 
conditions of normal use, and free of unnecessary ledges, 
projections, and crevices.  Tethers must be easily removable for 
cleaning.  Racks that hold food containers must be constructed 
of material that is smooth, easily cleanable, and nonabsorbent. 
The materials for surfaces that do not come in contact with food 
must be nonabsorbent or made nonabsorbent by being finished and 
sealed with a cleanable coating.  
    Sec. 7.  [31.86] [CLEANING FREQUENCY.] 
    Except in municipalities with less than 1,000 inhabitants, 
or in towns, manual dispensing utensils and tethers must be 
cleaned and sanitized at least daily, or at more frequent 
intervals based on the type of food and the food particle 
accumulation or soiling.  Manual dispensing utensils and tethers 
in retail stores in municipalities with less than 1,000 
inhabitants, or in towns, shall be cleaned and sanitized at 
frequent intervals based on the types of food and the food 
particle accumulation or soiling.  Product modules, lids, and 
other equipment must be cleaned prior to restocking, when 
soiled, or at intervals on a schedule based on the type of food 
and amount of food particle accumulation. Food contact surfaces 
must be cleaned and sanitized immediately if contamination is 
observed or suspected.  
    Sec. 8.  [31.87] [SIGN.] 
     A sign must be posted conspicuously within the immediate 
display area directing customers for health reasons to use the 
utensils provided when serving themselves, not to handle the 
food directly, and not to consume food on the premises. 
    Sec. 9.  [31.874] [DISEASE CONTROL.] 
    If the commissioner of agriculture finds that a disease or 
foreign matter is actually transmitted by a method of dispensing 
bulk foods that is permitted by section 5, the commissioner may 
adopt temporary or permanent rules more restrictive on the sale 
of that food than section 5.  The rules must address the 
specific relationship between the disease or foreign matter 
being transmitted and the dispensing methods permitted by 
section 5.  
    Sec. 10.  [31.875] [LOCAL STANDARDS.] 
    A local unit of government may not adopt standards 
governing persons, facilities, or activities covered by sections 
1 to 9 that conflict with the provisions in sections 1 to 9. 
    Approved April 25, 1984