Minnesota Legislature
HF 910
as introduced - 89th Legislature (2015 - 2016) Posted on 02/16/2015 01:26pm
1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16
A bill for an act
relating to agriculture; modifying licensing exclusions for the direct sale of certain
prepared food; amending Minnesota Statutes 2014, section 28A.15, subdivision 9.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 28A.15, subdivision 9, is amended to read:
Subd. 9.
deleted text begin Community event or farmers' marketdeleted text end new text begin Direct sales to individualsnew text end .
new text begin
(a)
For the purposes of this subdivision, the term "not potentially hazardous food" means food
that is not defined as potentially hazardous food in rules adopted under section 31.11,
including, but not limited to:
new text end
new text begin
(1) food that requires no refrigeration;
new text end
new text begin
(2) baked goods that do not contain potentially hazardous food;
new text end
new text begin
(3) candy that does not contain potentially hazardous food;
new text end
new text begin
(4) granola and other dry cereal;
new text end
new text begin
(5) dried pasta;
new text end
new text begin
(6) popcorn;
new text end
new text begin
(7) waffle cones;
new text end
new text begin
(8) pizzelles;
new text end
new text begin
(9) nut mixes;
new text end
new text begin
(10) chocolate-covered nonperishable food, such as nuts and dried fruit;
new text end
new text begin
(11) roasted coffee;
new text end
new text begin
(12) dry baking mixes;
new text end
new text begin
(13) herb blends; and
new text end
new text begin
(14) dried tea.
new text end
new text begin (b) new text end An individual who prepares and sells food that is not potentially hazardous fooddeleted text begin ,
as defined in rules adopted under section 31.11,deleted text end new text begin may sell the food directly to an individual
consumer, including salesnew text end at a community event or farmers' marketnew text begin . An individual selling
food under this paragraph is limited to total salesnew text end with gross receipts of deleted text begin $5,000deleted text end new text begin $10,000new text end
or less in a calendar year from the prepared food items.
new text begin
(c) An individual who has attended a food manager course and has passed a food
manager test recognized by the commissioner may prepare food that is not potentially
hazardous food and sell the prepared food directly to an individual consumer, including
sales at a community event or farmers' market. An individual selling food under this
paragraph is limited to total sales with gross receipts of $26,000 or less in a calendar
year from the prepared food items.
new text end
new text begin (d) new text end If the food is not prepared in a kitchen that is licensed or inspected, the seller
must post a visible sign or placard stating that: "These products are homemade and not
subject to state inspection." Prepared foods sold under this subdivision must be labeled
to accurately reflect the name and address of the person preparing and selling the foodsnew text begin ,
and include a list of all ingredients and possible allergensnew text end .