Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 237-S.F.No. 1225
           An act relating to agriculture; exempting manufactured 
          home parks and recreational camping areas from food 
          handling licenses; regulating organic foods; amending 
          Minnesota Statutes 1984, section 28A.15, subdivision 5;
          proposing coding for new law in Minnesota Statutes, 
          chapter 31.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 28A.15, 
subdivision 5, is amended to read: 
    Subd. 5.  Persons whose principal mode of business is 
licensed under section 157.03 or 327.15; provided that the 
holding of any license pursuant to section 157.03 or 327.15 
shall not exempt any person from the applicable requirements of 
the laws and regulations administered by the commissioner, as 
they relate to composition, standards of identity, adulteration, 
labeling or misbranding of food. 
    Sec. 2.  [LEGISLATIVE FINDINGS.] 
    The legislature recognizes a public benefit in establishing 
standards for food products marketed and labeled using the term 
"organic" or a derivative of the term "organic."  These 
standards will also facilitate the development of out-of-state 
markets for Minnesota food grown by organic methods. 
    Sec. 3.  [31.92] [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] As used in sections 3 to 5, the 
terms defined in this section have the meanings given. 
    Subd. 2.  [DEPARTMENT.] "Department" means the department 
of agriculture. 
    Subd. 3.  [ORGANIC FOOD.] "Organic food" means any food 
product, including meat, dairy, and beverage, that is marketed 
using the term "organic" or any derivative of "organic" in its 
labeling or advertising. 
    Subd. 4.  [PRODUCER.] "Producer" means a person who is 
responsible for growing or raising organic food. 
    Subd. 5.  [VENDOR.] "Vendor" means anyone who sells organic 
food to the consumer or another vendor. 
    Sec. 4.  [31.93] [REQUIREMENTS.] 
    Subdivision 1.  [GROWTH; COMPOSITION.] Organic food must be 
grown, raised, or composed of ingredients that were grown or 
raised without the use of synthetic fertilizers, pesticides, 
hormones, antibiotics, growth stimulants, and arsenicals.  Other 
natural substances, such as diatomaceous earth, soaps, elemental 
sulfur, lime sulfur, and basic copper sulfate may be used in the 
growing of organic food. 
    Where untreated seed is unavailable, treated seed may be 
used.  
    Soil on which organic food is grown or raised must have 
been free of synthetic fertilizers, pesticides, hormones, 
antibiotics, growth stimulants, and arsenicals for at least one 
year.  After March 31, 1987, the soil must have been free of 
those synthetics for at least two years.  After March 31, 1988, 
the soil must have been free of those synthetics for at least 
three years.  
    Subd. 2.  [INFORMATION.] Growers, manufacturers, and 
sellers of products regulated by sections 3 to 5 shall provide 
the department, upon demand, with relevant information from 
records required under subdivision 2. 
    Subd. 3.  [STORAGE.] Organic food may be stored in a 
regular, cold, or controlled atmosphere.  If fumigation is 
needed, only diatomaceous earth or inert gas may be used.  
    Sec. 5.  [31.94] [DEPARTMENTAL DUTIES.] 
    The department shall enforce sections 3 to 5.  The 
department shall withhold from sale or trade any product sold, 
labeled, or advertised in violation of sections 3 to 5. 
    The department shall investigate the offering for sale, 
labeling, or advertising of an article or substance as 
organically grown, organically processed, or produced in an 
organic environment if there is reason to believe that action is 
in violation of sections 3 to 5. 
     The department may adopt rules, including emergency rules, 
that further clarify organic food standards and marketing 
practices. 
    Sec. 6.  [EFFECTIVE DATE.] 
    This act is effective April 1, 1986. 
    Approved May 24, 1985