Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1999, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes