Minnesota Session Laws - 1997, Regular Session

                            CHAPTER 220-S.F.No. 164 
                  An act relating to agriculture; conforming certain 
                  food rules with federal regulations; eliminating a 
                  requirement concerning llamas; amending Minnesota 
                  Statutes 1996, sections 31.101; 31.102, subdivision 1; 
                  31.103, subdivision 1; and 31.104; repealing Minnesota 
                  Statutes 1996, section 17.456, subdivision 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 31.101, is 
        amended to read: 
           31.101 [RULES; HEARINGS; UNIFORMITY WITH FEDERAL LAW.] 
           Subdivision 1.  The authority to promulgate and amend rules 
        for the efficient administration and enforcement of the 
        Minnesota food law is vested in the commissioner and is in 
        addition to authority granted in sections 31.10, 31.11, and 
        31.12.  Such rules when applicable shall conform, insofar as 
        practicable and consistent with state law, with those 
        promulgated under the federal law.  
           Subd. 2.  Hearings authorized or required by law shall be 
        conducted by the commissioner or such officer, agent, or 
        employee as the commissioner may designate for the purpose.  
           Subd. 3.  Federal pesticide chemical regulations and 
        amendments thereto in effect on April 1, 1994 1997, adopted 
        under authority of the Federal Insecticide, Fungicide and 
        Rodenticide Act, as provided by United States Code, title 7, 
        chapter 6, are the pesticide chemical rules in this state.  Such 
        rules may be amended by the commissioner proceeding in 
        accordance with the administrative procedure act.  
           Subd. 4.  Federal food additive regulations and amendments 
        thereto in effect on April 1, 1994 1997, as provided by Code of 
        Federal Regulations, title 21, parts 170 to 199, are the food 
        additive rules in this state.  Such rules may be amended by the 
        commissioner proceeding in accordance with the administrative 
        procedure act.  
           Subd. 5.  Federal color additive regulations and amendments 
        thereto in effect on April 1, 1994 1997, as provided by Code of 
        Federal Regulations, title 21, parts 70 to 82, are the color 
        additive rules in this state.  Such rules may be amended by the 
        commissioner proceeding in accordance with the administrative 
        procedure act.  
           Subd. 6.  Federal special dietary use regulations and 
        amendments thereto in effect on April 1, 1994 1997, as provided 
        by Code of Federal Regulations, title 21, parts 104 and 105, are 
        the special dietary use rules in this state.  Such rules may be 
        amended by the commissioner proceeding in accordance with the 
        administrative procedure act.  
           Subd. 7.  Federal regulations and amendments thereto in 
        effect on April 1, 1994 1997, adopted under the Fair Packaging 
        and Labeling Act, as provided by United States Code, title 15, 
        sections 1451 to 1461, are the rules in this state.  Such rules 
        may be amended by the commissioner proceeding in accordance with 
        the administrative procedure act; provided that the commissioner 
        shall not adopt amendments to such rules or adopt other rules 
        which are contrary to the labeling requirements for the net 
        quantity of contents required pursuant to section 4 of the Fair 
        Packaging and Labeling Act and the regulations promulgated 
        thereunder.  
           Subd. 8.  Applicable federal regulations including 
        recodification contained in Code of Federal Regulations, title 
        21, parts 0-1299, Food and Drugs, in effect April 1, 1994 1997, 
        and not otherwise adopted herein, also are adopted as food rules 
        of this state.  Such rules may be amended by the commissioner in 
        accordance with the administrative procedure act. 
           Subd. 9.  [FISHERY PRODUCTS RULES.] Federal regulations in 
        effect on April 1, 1994 1997, as provided by Code of Federal 
        Regulations, title 50, parts 260 to 266 267, are incorporated as 
        part of the fishery products rules in this state for state 
        inspections performed under a cooperative agreement with the 
        United States Department of Commerce, National Marine Fisheries 
        Service.  The rules may be amended by the commissioner under 
        chapter 14. 
           Subd. 10.  [MEAT AND POULTRY RULES.] Federal regulations in 
        effect on April 1, 1997, as provided by Code of Federal 
        Regulations, title 9, parts 301 to 362 and 381 to 391, with the 
        exception of Subpart C-Exemptions, sections 381.10 to 381.15, 
        are incorporated as part of the meat and poultry rules in this 
        state.  The rules may be amended by the commissioner under 
        chapter 14. 
           Subd. 11.  [STANDARDS FOR FRESH FRUITS, VEGETABLES, AND 
        OTHER PRODUCTS.] Federal regulations in effect on April 1, 1997, 
        as provided by Code of Federal Regulations, title 7, parts 51 
        and 52, are incorporated as part of the rules in this state.  
        The rules may be amended by the commissioner under chapter 14. 
           Sec. 2.  Minnesota Statutes 1996, section 31.102, 
        subdivision 1, is amended to read: 
           Subdivision 1.  Federal definitions and standards of 
        identity, quality and fill of container and amendments thereto, 
        in effect on April 1, 1994 1997, adopted under authority of the 
        federal act, are the definitions and standards of identity, 
        quality and fill of container in this state.  Such rules may be 
        amended by the commissioner proceeding in accordance with the 
        administrative procedure act.  
           Sec. 3.  Minnesota Statutes 1996, section 31.103, 
        subdivision 1, is amended to read: 
           Subdivision 1.  All labels of consumer commodities shall 
        conform with the requirements for the declaration of net 
        quantity of contents of section 4 of the Fair Packaging and 
        Labeling Act (United States Code, title 15, section 1451 et 
        seq.) and federal regulations in effect on April 1, 1994 1997, 
        promulgated pursuant thereto, except to the extent that the 
        commissioner shall exercise authority to amend such rules in 
        accordance with the administrative procedure act.  Consumer 
        commodities exempted from the requirements of section 4 of the 
        Fair Packaging and Labeling Act shall also be exempt from this 
        subdivision.  
           Sec. 4.  Minnesota Statutes 1996, section 31.104, is 
        amended to read: 
           31.104 [FOOD LABELING EXEMPTION RULES.] 
           The commissioner shall promulgate rules exempting from any 
        labeling requirement food which is, in accordance with the 
        practice of the trade, to be processed, labeled or repacked in 
        substantial quantities at establishments other than those where 
        originally processed or packed, on condition that such food is 
        not adulterated or misbranded upon removal from such processing, 
        labeling or repacking establishment.  
           Federal regulations in effect on April 1, 1994 1997, 
        adopted under authority of the federal act relating to such 
        exemptions are effective in this state unless the commissioner 
        shall exercise authority to amend such regulations.  The 
        commissioner also may promulgate amendments to existing rules 
        concerning exemptions in accordance with the administrative 
        procedure act. 
           Sec. 5.  [REPEALER.] 
           Minnesota Statutes 1996, section 17.456, subdivision 4, is 
        repealed. 
           Presented to the governor May 27, 1997 
           Signed by the governor May 30, 1997, 1:04 p.m.