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

  

                         Laws of Minnesota 1986 

                        CHAPTER 375-S.F.No. 1703 
           An act relating to commerce; regulating those who 
          package soft drinks and other nonalcoholic beverages; 
          increasing certain vending machine inspection fees; 
          clarifying authority to inspect vending machines; 
          clarifying rulemaking authority of commissioner of 
          agriculture; amending Minnesota Statutes 1984, 
          sections 28A.05; 28A.09, subdivision 1; 34.03; and 
          34.09; repealing Minnesota Statutes 1984, section 
          34.05.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 28A.05, is 
amended to read:  
    28A.05 [CLASSIFICATION.] 
    All persons required to have a license under section 28A.04 
shall be classified into one of the following classes of food 
handlers, according to their principal mode of business.  
    (a) Retail food handlers are persons who sell or process 
and sell food directly to the ultimate consumer or who custom 
process meat or poultry.  The term includes a person who sells 
food directly to the ultimate consumer through the use of coin 
actuated vending machines, unless excluded by section 28A.15, 
subdivision 6.  
    (b) Wholesale food handlers are persons who sell to others 
for resale.  A person who handles food in job lots (jobbers) is 
included in this classification.  
    (c) Wholesale food processors or manufacturers are persons 
who process or manufacture raw materials and other food 
ingredients into food items, or who reprocess food items, or who 
package food for sale to others for resale, or who commercially 
slaughter animals or poultry.  Included herein are persons who 
can, extract, ferment, distill, pickle, bake, freeze, dry, 
smoke, grind, mix, stuff, pack, bottle, recondition, or 
otherwise treat or preserve food for sale to others for resale, 
cold storage warehousemen as defined in section 28.01, 
subdivision 3, salvage food processors as defined in section 
31.495, subdivision 1, dairy plants as defined in section 32.01, 
subdivision 6, and nonresident manufacturers of frozen foods as 
described in section 32.59, and nonresident manufacturers or 
distributors of nonalcoholic beverages as described in section 
34.05.  
    (d) A food broker is a person who buys and sells food and 
who negotiates between a buyer and a seller of food, but who at 
no time has custody of the food being bought and sold.  
    Sec. 2.  Minnesota Statutes 1984, section 28A.09, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ANNUAL FEE; EXCEPTIONS.] Every coin 
operated food vending machine is subject to an annual state 
inspection fee of $5 at least $15 for each nonexempt machine, 
provided that: 
    (a) Food vending machines may be inspected by either a home 
rule charter or statutory city, or a county, but not both, and 
if inspected by a home rule charter or statutory city, or a 
county they shall not be subject to the state inspection fee, 
but the home rule charter or statutory city, or the county may 
impose a reasonable inspection or license fee.  A home rule 
charter or statutory city or county that does not inspect food 
vending machines shall not impose a food vending machine 
inspection or license fee. 
    (b) Vending machines dispensing only gum balls, hard candy, 
unsorted confections, bottled or canned soft drinks or ice 
manufactured and packaged by another shall be exempt from the 
state inspection fee, but may be inspected by the state.  A home 
rule charter or statutory city may impose by ordinance a 
reasonable inspection or license fee on the vending machines 
described in this paragraph.  A county may impose by ordinance a 
reasonable inspection or license fee on the vending machines 
described in this paragraph which are not located in a home rule 
charter or statutory city.  
    (c) Vending machines dispensing only bottled or canned soft 
drinks are exempt from the state, home rule charter or statutory 
city, and county inspection fees, but may be inspected by the 
commissioner or the commissioner's designee. 
    Sec. 3.  Minnesota Statutes 1984, section 34.03, is amended 
to read: 
    34.03 [SOFT DRINKS INSPECTED; REGISTRATION.] 
    No Soft drinks or other nonalcoholic beverages, not 
manufactured in this state, shall be sold, offered or exposed 
for sale, exchanged, or held in possession with intent to sell 
within this state, unless the same are first inspected and 
registered with the commissioner that are mixed, compounded, or 
sold for home consumption are subject to rules established under 
section 34.09.  
    Sec. 4.  Minnesota Statutes 1984, section 34.09, is amended 
to read: 
    34.09 [SANITATION; RULES AND REGULATIONS.] 
    The commissioner shall promulgate, in the manner provided 
by law, such rules and regulations rules covering those persons 
licensed under section 28A.04, who manufacture, sell, or 
dispense soft drinks and other nonalcoholic beverages 
establishing minimum sanitary requirements as which are 
reasonably necessary to protect the public health and interest.  
The rules must include, but are not limited to, sanitary 
practices involving beverage manufacturing plants, beverage 
dispensing equipment, and the use of sterile containers in 
packaging beverages for home consumption.  Rules must be adopted 
in accordance with chapter 14.  
     Sec. 5.  [REPEALER.] 
    Minnesota Statutes 1984, section 34.05, is repealed. 
    Approved March 19, 1986

Official Publication of the State of Minnesota Revisor of Statutes