Minnesota Session Laws - 2001, Regular Session

                             CHAPTER 65-H.F.No. 967 
                  An act relating to health; permitting schools to 
                  sponsor potluck events; permitting fraternal or 
                  patriotic organizations to sell home-prepared food at 
                  certain events; amending Minnesota Statutes 2000, 
                  section 157.22. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 157.22, is 
        amended to read: 
           157.22 [EXEMPTIONS.] 
           This chapter shall not be construed to apply to: 
           (1) interstate carriers under the supervision of the United 
        States Department of Health and Human Services; 
           (2) any building constructed and primarily used for 
        religious worship; 
           (3) any building owned, operated, and used by a college or 
        university in accordance with health regulations promulgated by 
        the college or university under chapter 14; 
           (4) any person, firm, or corporation whose principal mode 
        of business is licensed under sections 28A.04 and 28A.05, is 
        exempt at that premises from licensure as a food or beverage 
        establishment; provided that the holding of any license pursuant 
        to sections 28A.04 and 28A.05 shall not exempt any person, firm, 
        or corporation from the applicable provisions of this chapter or 
        the rules of the state commissioner of health relating to food 
        and beverage service establishments; 
           (5) family day care homes and group family day care homes 
        governed by sections 245A.01 to 245A.16; 
           (6) nonprofit senior citizen centers for the sale of 
        home-baked goods; and 
           (7) fraternal or patriotic organizations that are tax 
        exempt under section 501(c)(3), 501(c)(4), 501(c)(6), 501(c)(7), 
        501(c)(10), or 501(c)(19) of the Internal Revenue Code of 1986, 
        or organizations related to or affiliated with such fraternal or 
        patriotic organizations.  Such organizations may organize events 
        at which home-prepared food is donated by organization members 
        for sale at the events, provided: 
           (i) the event is not a circus, carnival, or fair; 
           (ii) the organization controls the admission of persons to 
        the event, the event agenda, or both; and 
           (iii) the organization's licensed kitchen is not used in 
        any manner for the event; and 
           (7) (8) food not prepared at an establishment and brought 
        in by individuals attending a potluck event for consumption at 
        the potluck event.  An organization sponsoring a potluck event 
        under this clause may advertise the potluck event to the public 
        through any means.  Individuals who are not members of an 
        organization sponsoring a potluck event under this clause may 
        attend the potluck event and consume the food at the event.  
        Licensed food establishments other than schools cannot be 
        sponsors of potluck events.  A school may sponsor and hold 
        potluck events in areas of the school other than the school's 
        kitchen, provided that the school's kitchen is not used in any 
        manner for the potluck event.  For purposes of this clause, 
        "school" means a public school as defined in section 120A.05, 
        subdivisions 9, 11, 13, and 17, or a nonpublic school, church, 
        or religious organization at which a child is provided with 
        instruction in compliance with sections 120A.22 and 120A.24.  
        Potluck event food shall not be brought into a licensed food 
        establishment kitchen. 
           Presented to the governor April 30, 2001 
           Signed by the governor May 2, 2001, 2:52 p.m.