1997 Minnesota Statutes

     31.101 Rules; hearings; uniformity with federal law. 

    Subdivision 1.  The authority to promulgate and amend rules 
 for the efficient administration and enforcement of the 
 Minnesota food law is vested in the commissioner and is in 
 addition to authority granted in sections 31.10, 31.11, and 
 31.12.  Such rules when applicable shall conform, insofar as 
 practicable and consistent with state law, with those 
 promulgated under the federal law.  

    Subd. 2.  Hearings authorized or required by law shall be 
 conducted by the commissioner or such officer, agent, or 
 employee as the commissioner may designate for the purpose.  

    Subd. 3.  Federal pesticide chemical regulations and 
 amendments thereto in effect on April 1, 1997, adopted under 
 authority of the Federal Insecticide, Fungicide and Rodenticide 
 Act, as provided by United States Code, title 7, chapter 6, are 
 the pesticide chemical rules in this state.  Such rules may be 
 amended by the commissioner proceeding in accordance with the 
 Administrative Procedure Act.  

    Subd. 4.  Federal food additive regulations and amendments 
 thereto in effect on April 1, 1997, as provided by Code of 
 Federal Regulations, title 21, parts 170 to 199, are the food 
 additive rules in this state.  Such rules may be amended by the 
 commissioner proceeding in accordance with the Administrative 
 Procedure Act.  

    Subd. 5.  Federal color additive regulations and amendments 
 thereto in effect on April 1, 1997, as provided by Code of 
 Federal Regulations, title 21, parts 70 to 82, are the color 
 additive rules in this state.  Such rules may be amended by the 
 commissioner proceeding in accordance with the administrative 
 procedure act.  

    Subd. 6.  Federal special dietary use regulations and 
 amendments thereto in effect on April 1, 1997, as provided by 
 Code of Federal Regulations, title 21, parts 104 and 105, are 
 the special dietary use rules in this state.  Such rules may be 
 amended by the commissioner proceeding in accordance with the 
 administrative procedure act.  

    Subd. 7.  Federal regulations and amendments thereto in 
 effect on April 1, 1997, adopted under the Fair Packaging and 
 Labeling Act, as provided by United States Code, title 15, 
 sections 1451 to 1461, are the rules in this state.  Such rules 
 may be amended by the commissioner proceeding in accordance with 
 the Administrative Procedure Act; provided that the commissioner 
 shall not adopt amendments to such rules or adopt other rules 
 which are contrary to the labeling requirements for the net 
 quantity of contents required pursuant to section 4 of the Fair 
 Packaging and Labeling Act and the regulations promulgated 
 thereunder.  

    Subd. 8.  Applicable federal regulations including 
 recodification contained in Code of Federal Regulations, title 
 21, parts 0-1299, Food and Drugs, in effect April 1, 1997, and 
 not otherwise adopted herein, also are adopted as food rules of 
 this state.  Such rules may be amended by the commissioner in 
 accordance with the Administrative Procedure Act. 

    Subd. 9.    Fishery products rules.  Federal regulations 
 in effect on April 1, 1997, as provided by Code of Federal 
 Regulations, title 50, parts 260 to 267, are incorporated as 
 part of the fishery products rules in this state for state 
 inspections performed under a cooperative agreement with the 
 United States Department of Commerce, National Marine Fisheries 
 Service.  The rules may be amended by the commissioner under 
 chapter 14. 

    Subd. 10.    Meat and poultry rules.  Federal 
 regulations in effect on April 1, 1997, as provided by Code of 
 Federal Regulations, title 9, parts 301 to 362 and 381 to 391, 
 with the exception of Subpart C-Exemptions, sections 381.10 to 
 381.15, are incorporated as part of the meat and poultry rules 
 in this state.  The rules may be amended by the commissioner 
 under chapter 14. 

    Subd. 11.    Standards for fresh fruits, vegetables, and 
 other products.  Federal regulations in effect on April 1, 
 1997, as provided by Code of Federal Regulations, title 7, parts 
 51 and 52, are incorporated as part of the rules in this state.  
 The rules may be amended by the commissioner under chapter 14. 

    HIST: 1974 c 84 s 26; 1975 c 412 s 14; 1979 c 68 s 5; 1980 c 
 442 s 3; 1983 c 300 s 8-13; 1985 c 248 s 70; 1987 c 396 art 11 s 
 5-10; 1989 c 350 art 11 s 1; 1990 c 511 s 2; 1994 c 571 s 1; 
 1997 c 220 s 1