Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                         CHAPTER 93-S.F.No. 86 
           An act relating to agriculture; changing requirements 
          for certain adulterated milk or cream; providing a 
          penalty; amending Minnesota Statutes 1984, section 
          32.21.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 32.21, is 
amended to read: 
    32.21 [PURCHASE OR SALE OF UNWHOLESOME OR ADULTERATED 
MILK OR AND CREAM PROHIBITED.] 
    No person shall sell or knowingly buy unwholesome or 
adulterated milk or cream.  Milk or cream that has not been well 
cooled and aerated, or to which a preservative has been added; 
milk drawn from cows kept in crowded conditions or in places not 
well ventilated or lighted, or which from any cause are filthy 
or insanitary, or from unclean or diseased cows, or those fed 
with garbage or any filthy, decayed, putrid, or unwholesome 
animal or vegetable substance; milk drawn from cows within 15 
days before, or five days after calving; and milk or cream which 
has been kept in any place where bad air exists, and cream taken 
from unwholesome or adulterated milk, shall be deemed 
unwholesome and adulterated within the meaning of sections 32.21 
and 32.22.  Except where otherwise provided by law, milk from 
which any normal ingredient has been abstracted, or milk 
containing any substance not a normal constituent thereof, or 
containing less than three and one-fourth percent of butterfat, 
and cream in which there is less than 18 percent of butterfat, 
or which contains any foreign thickening or coloring substance, 
or any abnormal ingredient whatsoever, shall be deemed 
adulterated; nor shall any article of food be manufactured from 
unwholesome or adulterated milk or cream except as provided in 
section 32.22.  
    Subdivision 1.  [PURCHASE AND SALE PROHIBITION.] A person 
may not sell or knowingly buy adulterated milk or cream.  
    Subd. 2.  [MANUFACTURER OF FOOD FOR HUMAN CONSUMPTION FROM 
ADULTERATED MILK OR CREAM PROHIBITED.] An article of food for 
human consumption may not be manufactured from adulterated milk 
or cream, except as provided in section 32.22.  
    Subd. 3.  [ADULTERATED MILK OR CREAM.] For purposes of this 
section and section 32.22, milk or cream is adulterated if: 
    (1) milk is drawn in a filthy or unsanitary place;  
    (2) milk is drawn from unhealthy or diseased cows; 
    (3) milk is drawn from cows that are fed garbage or an 
unwholesome animal or vegetable substance; 
    (4) milk is drawn from cows within 15 days before calving, 
or five days after calving;  
    (5) milk or cream contains a substance that is not a normal 
constituent of the milk or cream, except as allowed in this 
chapter; 
    (6) milk contains water in excess of that normally present 
in milk; or 
    (7) milk or cream contains antibiotics or other bacterial 
inhibitory substances in amounts above the actionable levels 
established by rule or under section 32.415.  
    Subd. 4.  [PENALTIES.] (a) A person, other than a milk 
producer, who violates this section is guilty of a misdemeanor. 
    (b) A milk producer may not change milk plants within 30 
days, without permission of the commissioner, after receiving 
notification from the commissioner under paragraph (c) that the 
milk producer has violated this section. 
    (c) A milk producer who violates this section shall be 
subject to a civil penalty of $100.  The commissioner must 
notify the person violating this section by certified mail 
stating: 
    (1) the milk producer violating this section is on 
probation for one year after the date of violation; and 
    (2) the $100 civil penalty is suspended unless the milk 
producer violates this section during the probation period, 
including changing milk plants within 30 days after the 
violation. 
    (d) A milk producer who violates this section a second time 
within a 12-month period is subject to a $200 civil penalty.  
The commissioner must notify the milk producer violating this 
section stating: 
    (1) the milk producer is still on probation; 
    (2) the $200 civil penalty is suspended, unless the milk 
producer violates this section during the probation period, 
including changing milk plants within 30 days after the 
violation; and 
    (3) the consequences of a third violation. 
    (e) A milk producer who violates this section three or more 
times within a 12-month period is subject to a fine of $300.  
    (f) Penalties collected under this section shall be 
deposited in the milk inspection service account created in 
section 32.394, subdivision 9. 
    Approved May 9, 1985