1.1                          A bill for an act 
  1.2             relating to agriculture; updating certain food 
  1.3             standards; simplifying certain language; amending 
  1.4             Minnesota Statutes 1998, sections 31.101, as amended; 
  1.5             31.102, subdivision 1; 31.103, subdivision 1; and 
  1.6             31.104. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1998, section 31.101, as 
  1.9   amended by Laws 1999, chapter 231, section 55, is amended to 
  1.10  read: 
  1.11     31.101 [RULES; HEARINGS; UNIFORMITY WITH FEDERAL LAW.] 
  1.12     Subdivision 1.  [AUTHORITY.] The ~~authority to~~ commissioner 
  1.13  may promulgate and amend rules for the efficient administration 
  1.14  and enforcement of the Minnesota Food Law ~~is vested in the~~ 
  1.15  ~~commissioner and is in addition to authority granted in sections~~ 
  1.16  ~~31.10, 31.11, and 31.12.  Such~~ The rules when applicable ~~shall~~ 
  1.17  must conform, insofar as practicable and consistent with state 
  1.18  law, with those promulgated under the federal law.  This 
  1.19  rulemaking authority is in addition to that in sections 31.10, 
  1.20  31.11, and 31.12.  Rules adopted under this section may be 
  1.21  amended by the commissioner under chapter 14, subject to the 
  1.22  limitation in subdivision 7.  
  1.23     Subd. 2.  [HEARINGS.] Hearings authorized or required by 
  1.24  law ~~shall~~ must be conducted by the commissioner or ~~such~~ an 
  1.25  officer, agent, or employee ~~as~~ the commissioner ~~may designate~~ 
  1.26  designates for the purpose.  
  2.1      Subd. 3.  [~~FEDERAL~~ PESTICIDE CHEMICAL ~~REGULATIONS~~ RULES.] 
  2.2   Federal pesticide chemical regulations ~~and amendments thereto~~ in 
  2.3   effect on April 1, ~~1997~~ 2000, adopted under authority of the 
  2.4   Federal Insecticide, Fungicide and Rodenticide Act, as provided 
  2.5   by United States Code, title 7, chapter 6, are the pesticide 
  2.6   chemical rules in this state.  ~~Such rules may be amended by the~~ 
  2.7   ~~commissioner proceeding in accordance with the Administrative~~ 
  2.8   ~~Procedure Act.~~  
  2.9      Subd. 4.  [~~FEDERAL~~ FOOD ADDITIVE ~~REGULATIONS~~ RULES.] 
  2.10  Federal food additive regulations ~~and amendments thereto~~ in 
  2.11  effect on April 1, ~~1997~~ 2000, as provided by Code of Federal 
  2.12  Regulations, title 21, parts 170 to 199, are the food additive 
  2.13  rules in this state.  ~~Such rules may be amended by the~~ 
  2.14  ~~commissioner proceeding in accordance with the Administrative~~ 
  2.15  ~~Procedure Act.~~  
  2.16     Subd. 5.  [~~FEDERAL~~ COLOR ADDITIVE ~~REGULATIONS~~ RULES.] 
  2.17  Federal color additive regulations ~~and amendments thereto~~ in 
  2.18  effect on April 1, ~~1997~~ 2000, as provided by Code of Federal 
  2.19  Regulations, title 21, parts 70 to 82, are the color additive 
  2.20  rules in this state.  ~~Such rules may be amended by the~~ 
  2.21  ~~commissioner proceeding in accordance with the Administrative~~ 
  2.22  ~~Procedure Act.~~  
  2.23     Subd. 6.  [~~FEDERAL~~ SPECIAL DIETARY USE ~~REGULATIONS~~ RULES.] 
  2.24  Federal special dietary use regulations ~~and amendments thereto~~ 
  2.25  in effect on April 1, ~~1997~~ 2000, as provided by Code of Federal 
  2.26  Regulations, title 21, parts 104 and 105, are the special 
  2.27  dietary use rules in this state.  ~~Such rules may be amended by~~ 
  2.28  ~~the commissioner proceeding in accordance with the~~ 
  2.29  ~~Administrative Procedure Act.~~  
  2.30     Subd. 7.  [FAIR PACKAGING AND LABELING ~~ACT REGULATIONS~~ 
  2.31  RULES.] Federal regulations ~~and amendments thereto~~ in effect on 
  2.32  April 1, ~~1997~~ 2000, adopted under the Fair Packaging and 
  2.33  Labeling Act, as provided by United States Code, title 15, 
  2.34  sections 1451 to 1461, are the rules in this state.  ~~Such rules~~ 
  2.35  ~~may be amended by the commissioner proceeding in accordance with~~ 
  2.36  ~~the Administrative Procedure Act; provided that~~ The commissioner 
  3.1   ~~shall~~ may not adopt amendments to ~~such~~ these rules or adopt 
  3.2   other rules which are contrary to the labeling requirements for 
  3.3   the net quantity of contents required pursuant to section 4 of 
  3.4   the Fair Packaging and Labeling Act and the 
  3.5   regulations ~~promulgated thereunder~~ adopted under that act.  
  3.6      Subd. 8.  [FOOD AND DRUGS ~~REGULATIONS~~ RULES.] Applicable 
  3.7   federal regulations including recodification contained in Code 
  3.8   of Federal Regulations, title 21, parts 0-1299, Food and Drugs, 
  3.9   in effect April 1, ~~1997~~ 2000, and not otherwise adopted herein, 
  3.10  also are adopted as food rules of this state.  ~~Such rules may be~~ 
  3.11  ~~amended by the commissioner in accordance with the~~ 
  3.12  ~~Administrative Procedure Act.~~ 
  3.13     Subd. 9.  [FISHERY PRODUCTS RULES.] Federal regulations in 
  3.14  effect on April 1, ~~1997~~ 2000, as provided by Code of Federal 
  3.15  Regulations, title 50, parts 260 to 267, are incorporated as 
  3.16  part of the fishery products rules in this state for state 
  3.17  inspections performed under a cooperative agreement with the 
  3.18  United States Department of Commerce, National Marine Fisheries 
  3.19  Service.  ~~The rules may be amended by the commissioner under~~ 
  3.20  ~~chapter 14.~~ 
  3.21     Subd. 10.  [MEAT AND POULTRY RULES.] Federal regulations in 
  3.22  effect on ~~January~~ April 1, ~~1999~~ 2000, as provided by Code of 
  3.23  Federal Regulations, title 9, part 301, et seq., are 
  3.24  incorporated as part of the meat and poultry rules in this 
  3.25  state.  ~~The rules may be amended by the commissioner under~~ 
  3.26  ~~chapter 14.~~ 
  3.27     Subd. 11.  [STANDARDS FOR FRESH FRUITS, VEGETABLES, AND 
  3.28  OTHER PRODUCTS.] Federal regulations in effect on April 1, 
  3.29  ~~1997~~ 2000, as provided by Code of Federal Regulations, title 7, 
  3.30  parts 51 and 52, are incorporated as part of the rules in this 
  3.31  state.  ~~The rules may be amended by the commissioner under~~ 
  3.32  ~~chapter 14.~~ 
  3.33     Sec. 2.  Minnesota Statutes 1998, section 31.102, 
  3.34  subdivision 1, is amended to read: 
  3.35     Subdivision 1.  [IDENTITY, QUANTITY, AND FILL OF CONTAINER 
  3.36  RULES.] Federal definitions and standards of identity, quality, 
  4.1   and fill of container ~~and amendments thereto,~~ in effect on April 
  4.2   1, ~~1997~~ 2000, adopted under authority of the federal act, are 
  4.3   the definitions and standards of identity, quality, and fill of 
  4.4   container in this state.  ~~Such~~ The rules may be amended by the 
  4.5   commissioner ~~proceeding in accordance with the Administrative~~ 
  4.6   ~~Procedure Act~~ under chapter 14.  
  4.7      Sec. 3.  Minnesota Statutes 1998, section 31.103, 
  4.8   subdivision 1, is amended to read: 
  4.9      Subdivision 1.  [CONSUMER COMMODITIES LABELING RULES.] All 
  4.10  labels of consumer commodities ~~shall~~ must conform with the 
  4.11  requirements for the declaration of net quantity of contents of 
  4.12  section 4 of the Fair Packaging and Labeling Act (United States 
  4.13  Code, title 15, section 1451 et seq.) and federal regulations in 
  4.14  effect on April 1, ~~1997~~ 2000, ~~promulgated pursuant~~ 
  4.15  ~~thereto~~ adopted under authority of that act, except to the 
  4.16  extent that the commissioner ~~shall exercise authority to amend~~ 
  4.17  ~~such~~ amends the rules ~~in accordance with the Administrative~~ 
  4.18  ~~Procedure Act~~ under chapter 14.  Consumer commodities exempted 
  4.19  from the requirements of section 4 of the Fair Packaging and 
  4.20  Labeling Act ~~shall~~ are also ~~be~~ exempt from this subdivision.  
  4.21     Sec. 4.  Minnesota Statutes 1998, section 31.104, is 
  4.22  amended to read: 
  4.23     31.104 [FOOD LABELING EXEMPTION RULES.] 
  4.24     The commissioner shall promulgate rules exempting from any 
  4.25  labeling requirement food which is, in accordance with the 
  4.26  practice of the trade, to be processed, labeled or repacked in 
  4.27  substantial quantities at establishments other than those where 
  4.28  originally processed or packed, on condition that such food is 
  4.29  not adulterated or misbranded upon removal from such processing, 
  4.30  labeling or repacking establishment.  
  4.31     Federal regulations in effect on April 1, ~~1997~~ 2000, 
  4.32  adopted under authority of the federal act relating to such 
  4.33  exemptions are effective in this state unless the commissioner 
  4.34  ~~shall exercise authority to amend such regulations~~ amends them.  
  4.35  The commissioner also may ~~promulgate amendments to~~ amend 
  4.36  existing rules concerning exemptions ~~in accordance with the~~ 
  5.1   ~~Administrative Procedure Act~~ under chapter 14.