1997 Minnesota Statutes

     157.20 Inspection; frequency; risk categories; orders. 

    Subdivision 1.    Inspections.  It shall be the duty of 
 the commissioner to inspect, or cause to be inspected, every 
 food and beverage service establishment, hotel, motel, lodging 
 establishment, or resort.  For the purpose of conducting 
 inspections, the commissioner shall have the right to enter and 
 have access thereto at any time during the conduct of business. 

    Subd. 2.    Inspection frequency.  The frequency of 
 inspections of the establishments shall be based on the degree 
 of health risk. 

    (a) High-risk establishments must be inspected at least 
 once a year. 

    (b) Medium-risk establishments must be inspected at least 
 once every 18 months. 

    (c) Low-risk establishments must be inspected at least once 
 every two years. 

    Subd. 2a.    Risk categories.  (a)    High-risk 
 establishment.  "High-risk establishment" means any food and 
 beverage service establishment, hotel, motel, lodging 
 establishment, or resort that: 

    (1) serves potentially hazardous foods that require 
 extensive processing on the premises, including manual handling, 
 cooling, reheating, or holding for service; 

    (2) prepares foods several hours or days before service; 

    (3) serves menu items that epidemiologic experience has 
 demonstrated to be common vehicles of food-borne illness; 

    (4) has a public swimming pool; or 

    (5) draws its drinking water from a surface water supply. 

    (b)    Medium-risk establishment.  "Medium-risk 
 establishment" means a food and beverage service establishment, 
 hotel, motel, lodging establishment, or resort that: 

    (1) serves potentially hazardous foods but with minimal 
 holding between preparation and service; or 

    (2) serves foods, such as pizza, that require extensive 
 handling followed by heat treatment. 

    (c)    Low-risk establishment.  "Low-risk establishment" 
 means a food and beverage service establishment, hotel, motel, 
 lodging establishment, or resort that is not a high-risk or 
 medium-risk establishment. 

    (d)    Risk exceptions.  Mobile food units, seasonal 
 permanent and seasonal temporary food stands, food carts, and 
 special event food stands are not inspected on an established 
 schedule and therefore are not defined as high-risk, 
 medium-risk, or low-risk establishments. 

    Subd. 3.    Orders.  When, upon inspection, it is found 
 that the business and property so inspected is not being 
 conducted, or is not equipped, in the manner required by the 
 provisions of this chapter or the rules of the commissioner, or 
 is being conducted in violation of any of the laws of this state 
 pertaining to the business, it is the duty of the commissioner 
 to notify the person in charge of the business, or the owner or 
 agent of the buildings so occupied, of the condition found and 
 issue an order for correction of the violations.  Each person 
 shall comply with the provisions of this chapter or the rules of 
 the commissioner.  A reasonable time may be granted by the 
 commissioner for compliance with the provisions of this chapter. 

    HIST: 1995 c 207 art 9 s 46; 1996 c 451 art 4 s 58,59