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

                             CHAPTER 59-S.F.No. 836 
                  An act relating to agriculture; changing food handlers 
                  license provisions for food processors or 
                  manufacturers operating only at the state fair; 
                  amending Minnesota Statutes 1998, sections 28A.04, 
                  subdivision 1; and 28A.08, subdivision 3. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 28A.04, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [APPLICATION; DATE OF ISSUANCE.] (a) No 
        person shall engage in the business of manufacturing, 
        processing, selling, handling, or storing food without having 
        first obtained from the commissioner a license for doing such 
        business.  Applications for such license shall be made to the 
        commissioner in such manner and time as required and upon such 
        forms as provided by the commissioner and shall contain the name 
        and address of the applicant, address or description of each 
        place of business, and the nature of the business to be 
        conducted at each place, and such other pertinent information as 
        the commissioner may require. 
           (b) A retail or wholesale food handler license shall be 
        issued for the period July 1 to June 30 following and shall be 
        renewed thereafter by the licensee on or before July 1 each 
        year, except that licenses for all mobile food concession units 
        and retail mobile units shall be issued for the period April 1 
        to March 31, and shall be renewed thereafter by the licensee on 
        or before April 1 each year.  A license for a food broker or for 
        a food processor or manufacturer shall be issued for the period 
        January 1 to December 31 following and shall be renewed 
        thereafter by the licensee on or before January 1 of each year, 
        except that a license for a wholesale food processor or 
        manufacturer operating only at the state fair shall be issued 
        for the period July 1 to June 30 following and shall be renewed 
        thereafter by the licensee on or before July 1 of each year.  A 
        penalty for a late renewal shall be assessed in accordance with 
        section 28A.08. 
           Sec. 2.  Minnesota Statutes 1998, section 28A.08, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FEES EFFECTIVE JULY 1, 1996.] 
                                                          Penalties 
        Type of food handler                    License  Late     No
                                                Fee      Renewal  License
                                              Effective
                                              July 1, 1996
        1.   Retail food handler
             (a) Having gross sales of only
             prepackaged nonperishable food
             of less than $15,000 for 
             the immediately previous 
             license or fiscal year and 
             filing a statement with the 
             commissioner                       $ 45     $ 15     $ 25
             (b) Having under $15,000 gross
             sales including food preparation 
             or having $15,000 to $50,000 
             gross sales for the immediately 
             previous license or fiscal year    $ 61     $ 15     $ 25
             (c) Having $50,000 to $250,000 
             gross sales for the immediately  
             previous license or fiscal year    $118     $ 35     $ 75
             (d) Having $250,000 to 
             $1,000,000 gross sales for the 
             immediately previous license or 
             fiscal year                        $202     $ 50     $100
             (e) Having $1,000,000 to 
             $5,000,000 gross sales for the 
             immediately previous license or 
             fiscal year                        $562     $100     $175
             (f) Having $5,000,000 to
             $10,000,000 gross sales for the
             immediately previous license or
             fiscal year                        $787     $150     $300
             (g) Having over $10,000,000
             gross sales for the immediately
             previous license or fiscal year    $899     $200     $350
        2.   Wholesale food handler
             (a) Having gross sales or
             service of less than $25,000
             for the immediately previous 
             license or fiscal year             $ 50     $ 15     $ 15
             (b) Having $25,000 to
             $250,000 gross sales or
             service for the immediately 
             previous license or fiscal year    $225     $ 50     $100
             (c) Having $250,000 to 
             $1,000,000 gross sales or
             service from a mobile unit
             without a separate food facility
             for the immediately previous
             license or fiscal year             $337     $ 75     $150
             (d) Having $250,000 to 
             $1,000,000 gross sales or
             service not covered under 
             paragraph (c) for the immediately 
             previous license or fiscal year    $449     $100     $200
             (e) Having $1,000,000 to
             $5,000,000 gross sales or 
             service for the immediately 
             previous license or fiscal year    $562     $125     $250
             (f) Having over $5,000,000 gross
             sales for the immediately 
             previous license or fiscal year    $647     $150     $300
        3.   Food broker                        $112     $ 30     $ 50
        4.   Wholesale food processor
             or manufacturer 
             (a) Having gross sales of less 
             than $125,000 for the 
             immediately previous license 
             or fiscal year                     $150     $ 50     $100
             (b) Having $125,000 to $250,000
             gross sales for the immediately 
             previous license or fiscal year    $310     $ 75     $150
             (c) Having $250,001 to $1,000,000
             gross sales for the immediately 
             previous license or fiscal year    $449     $100     $200
             (d) Having $1,000,001 to
             5,000,000 gross sales for the
             immediately previous license or
             fiscal year                        $562     $125     $250
             (e) Having $5,000,001 to 
             $10,000,000 gross sales for 
             the immediately previous 
             license or fiscal year             $647     $150     $300 
             (f) Having over $10,000,000 
             gross sales for the immediately 
             previous license or fiscal year    $900     $200     $350 
        5.   Wholesale food processor of
             meat or poultry products
             under supervision of the
             U. S. Department of Agriculture 
             (a) Having gross sales of less 
             than $125,000 for the 
             immediately previous license 
             or fiscal year                     $100     $ 25     $ 50
             (b) Having $125,000 to 
             $250,000 gross sales for the
             immediately previous license
             or fiscal year                     $169     $ 50     $ 75
             (c) Having $250,001 to
             $1,000,000 gross sales for the
             immediately previous license
             or fiscal year                     $253     $ 75     $125
             (d) Having $1,000,001 to
             $5,000,000 gross sales 
             for the immediately previous 
             license or fiscal year             $310     $ 75     $150
             (e) Having $5,000,001 to 
             $10,000,000 gross sales for 
             the immediately previous 
             license or fiscal year             $366     $100     $175 
             (f) Having over $10,000,000 
             gross sales for the immediately 
             previous license or fiscal year    $500     $150     $250 
        6.   Wholesale food processor or
             manufacturer operating only at
             the state fair                     $125     $ 40     $ 50 
        7.   Wholesale food manufacturer
             having the permission of the
             commissioner to use the name
             Minnesota Farmstead cheese         $ 30     $ 10     $ 15
        7 8.  Nonresident frozen dairy 
             manufacturer                       $200     $ 50     $ 75
        8 9.  Wholesale food manufacturer
             processing less than 700,000
             pounds per year of raw milk        $ 30     $ 10     $ 15
        9 10. A milk marketing organization
             without facilities for 
             processing or manufacturing 
             that purchases milk from milk
             producers for delivery to a
             licensed wholesale food 
             processor or manufacturer          $ 50     $ 15     $ 25
           Sec. 3.  [EFFECTIVE DATE.] 
           Sections 1 and 2 are effective the day following final 
        enactment. 
           Presented to the governor April 12, 1999 
           Signed by the governor April 15, 1999, 10:53 a.m.