HF 2663

as introduced - 89th Legislature (2015 - 2016) Posted on 03/08/2016 04:37pm

A bill for an act
relating to agriculture; exempting certain farm wineries from food handler
licensing requirements; amending Minnesota Statutes 2014, section 28A.15,
as amended.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 28A.15, as amended by Laws 2015, First
Special Session chapter 4, article 2, section 87, is amended to read:

28A.15 EXCLUSIONS.

Subdivision 1.

Licensing provisions applicability.

The licensing provisions of
sections 28A.01 to 28A.16 shall not apply to the following:

Subd. 2.

Sales by farmers; others not in food business.

Persons selling the
products of the farm or garden occupied and cultivated by them, or to persons not regularly
engaged in the business of manufacturing and selling food and who prepare food only on
order of and for sale directly to the ultimate consumer, or to educational, charitable or
religious organizations not regularly engaged in the business of manufacturing, processing,
or selling food at their established educational, charitable or religious institutions.

Subd. 3.

Farmer slaughtering personal animals.

A farmer slaughtering personal
animals, rabbits or poultry, on the farmer's own farm for: (a) personal use; or (b) the use of
the farmer's immediate family.

Subd. 4.

Chapter 221 permittees; warehouse operators.

Trucks operating under a
certificate or permit issued pursuant to chapter 221 or warehouse operators, other than cold
storage warehouse operators, offering storage or warehouse facilities for compensation.

Subd. 5.

Section 157.16 or 327.15 licensees.

Persons whose principal mode
of business is licensed under section 157.16 or 327.15; provided that the holding of
any license pursuant to section 157.16 or 327.15 shall not exempt any person from the
applicable requirements of the laws and rules administered by the commissioner, as they
relate to composition, standards of identity, adulteration, labeling or misbranding of food.

Subd. 7.

Ice; soft drinks; snacks.

Persons whose principal business is not food
handling but who sell only ice manufactured and prepackaged by another, bottled or
canned soft drinks, prepackaged candy or nuts at retail, or persons who for their own
convenience or the convenience of their employees have available for rehydration and
consumption on the premises such nonperishable items as dehydrated coffee, soup, hot
chocolate or other dehydrated food or beverage.

Subd. 8.

Licensed pharmacy.

A licensed pharmacy selling only food additives,
food supplements, canned or prepackaged infant formulae, ice manufactured and packaged
by another, or bottled or canned soft drinks and prepackaged candy or nuts at retail.

new text begin Subd. 11. new text end

new text begin Certain farm wineries. new text end

new text begin A licensed farm winery that sells no more
than 7,500 gallons of wine per calendar year. A farm winery is not exempt under this
subdivision if the farm winery sells food other than prepackaged cheese, prepackaged
cheese spreads, and other prepackaged wine-related food items authorized under section
340A.315, subdivision 2.
new text end