1997 Minnesota Statutes

CHAPTER 33. Butter substitutes

     33.001 Definition.  

    Subdivision 1.    Scope.  Except where the context 
 otherwise indicates, for the purposes of this chapter, the terms 
 defined in this section have the meanings given them.  

    Subd. 2.    Commissioner.  "Commissioner" means the 
 commissioner of the department of agriculture.  

    HIST: 1961 c 113 s 1; 1961 c 128 s 15 

     33.002 Enforcement.  

    The commissioner shall enforce the provisions of this 
 chapter.  

    HIST: (3855-7, 3855-17, 3919, 3925, 3928-3) 1921 c 309 s 3; 
 1923 c 116 s 3; 1931 c 97 s 3; 1931 c 344 s 7; 1933 c 175 s 8; 
 1961 c 144 art 2 s 22 

     33.01 "Butter" or "buttered" in advertising or 
  representing certain products unlawful.  

    It shall be unlawful for any person to make, publish, 
 disseminate, circulate, or place before the public, or directly 
 or indirectly cause to be made, published, disseminated, 
 circulated, or placed before the public, in this state, in a 
 newspaper or other publication, or in any book, notice, 
 handbill, poster, bill, label, circular, pamphlet, or letter, or 
 in any other way, any publication advertising in any manner, or 
 to represent that any food product or article of food produced 
 or manufactured, in whole or in part, out of or from any animal 
 fats or vegetable oils, or any article or product manufactured 
 or produced in imitation or semblance of natural butter, not 
 produced wholly from pure, unadulterated milk or cream, in or as 
 a part of or connected with which publication, or 
 representation, the words "butter" or "buttered" are used or 
 appears; however, the word "butter" or "buttered" may be used in 
 designating the following:  (1) A food article known to the 
 trade as "plum butter," "apple butter," or "peanut butter," when 
 used in connection with the name of the article from which it 
 was manufactured; and (2) a food article which is labeled with 
 the word "butter" or "buttered" immediately preceding the name 
 of the food and which contains a minimum of 51 percent butter as 
 shortening except for pretzels which shall contain a minimum of 
 ten percent butter as shortening, and complies with rules 
 promulgated by the commissioner.  Nothing herein contained shall 
 repeal or modify any of the provisions now in force for the 
 labeling of the food product known as oleomargarine.  

    HIST: (3917) 1921 c 309 s 1; 1963 c 832 s 1; 1967 c 345 s 1; 
 1985 c 248 s 70 

     33.011 Prosecution by county attorney.  

    It shall be the duty of all county attorneys, upon 
 complaint made, to prosecute all persons violating any of the 
 provisions of section 33.01 within their respective counties.  

    HIST: (3919) 1921 c 309 s 3 

     33.02 Certain words not to be used in advertising.  

    No person shall use in any way in connection or association 
 with the sale or offering or exposure for sale or advertisement 
 of any substances designed to be used as a substitute for 
 butter, the word "butter," "creamery" or "dairy," or the name or 
 representation of any breed of dairy cattle, or any combination 
 of such word or words and representation, or any other words or 
 symbols or combination thereof commonly used in the sale of 
 butter.  

    HIST: (3923) 1923 c 116 s 1 

     33.03 Imitation butter flavoring; labeling restrictions. 

    No person shall, directly or through an agent, or as a 
 servant or agent of another, manufacture, sell, distribute, 
 offer or expose for sale or distribution in the state, or 
 possess with intent to use, sell, or exchange, any article of 
 food prepared with or containing artificial or imitation 
 flavoring of butter and labeled or represented with the words 
 "butter," "buttered," "butter flavored," or any combination of 
 words, symbols, letters, or designs which are misleading in that 
 it implies a quality or character to the food which is false or 
 misleading in any particular.  Compound foods containing such 
 artificial or imitation flavor shall be labeled to declare the 
 presence of said flavor only as "artificial flavor added" or 
 "with artificial flavor" and shall not contain any other 
 descriptive statements or claims regarding said flavor.  
 Provided that food flavors or extracts contained in package form 
 shall be labeled in accordance with mandatory labeling 
 requirements of the Commissioner of Food and Drugs of the United 
 States Department of Health, Education and Welfare.  

    HIST: (3928-1) 1931 c 97 s 1; 1945 c 28 s 1; 1969 c 948 s 1; 
 1986 c 444 

     33.031 Prosecuting officers, duties.  

    It shall be the duty of every prosecuting officer to whom 
 the commissioner of agriculture shall report any violations of 
 section 33.02 or 33.03 to cause appropriate proceedings to be 
 instituted in the proper courts and prosecuted, without delay, 
 for the enforcement of the penalties therein specified.  

    HIST: (3925, 3928-3) 1923 c 116 s 3; 1931 c 97 s 3; 1961 c 113 
 s 1 

     33.032 Penalty.  

    Any person violating any of the provisions of section 
 33.01, 33.02, or 33.03 shall be guilty of a misdemeanor.  

    HIST: (3918, 3924, 3928-2) 1921 c 309 s 2; 1923 c 116 s 2; 
 1931 c 97 s 2; 1961 c 128 s 16; 1965 c 34 s 1 

  33.04 Repealed, 1963 c 832 s 7 

  33.05 Repealed, 1959 c 606 s 12; 1961 c 128 s 20 

     33.06 Oleomargarine, labeling.  

    It shall be unlawful for any person to manufacture, sell, 
 ship, consign, offer for sale, expose for sale, or have in 
 possession with intent to sell, oleomargarine made, wholly or 
 partly, out of fats, oils, or oleaginous substances or compound 
 thereof, unless each receptacle and package in which the same is 
 kept for sale or sold has securely affixed upon the side 
 thereof, a white or light colored label, which shall be printed 
 in the English language with black ink in type not smaller than 
 36-point bold-faced capitals, the word "oleomargarine" and 
 immediately thereafter, under the same label and in the same 
 colors, there shall be printed in the English language, in 
 8-point bold-faced Gothic capitals, the name and, with 
 substantial accuracy, the percentage of each ingredient 
 contained in such oleomargarine, giving the name of each animal 
 or vegetable from which such fats or oils are derived.  

    HIST: (3855-3) 1931 c 344 s 3 

     33.07 Must be stamped or placarded.  

    It shall be unlawful for any person to sell, or offer or 
 expose for sale, or have in possession with intent to sell, any 
 oleomargarine which is not marked and distinguished on the 
 outside of each tub, package, or parcel thereof, in a 
 conspicuous place, by a placard with the word "oleomargarine" 
 printed in English thereon; the placard to be placed in a 
 conspicuous position in full view of the purchaser; and the word 
 "oleomargarine" on such placard shall be printed in plain, 
 uncondensed Gothic letters, each letter not less than one inch 
 in height, and these placards shall contain no other words 
 thereon; and there shall also be displayed upon each tub, 
 package, or parcel containing such oleomargarine, in the same 
 manner and in a conspicuous position, a placard with the word 
 "oleomargarine" printed thereon, in the same form as above 
 described in this section; and when oleomargarine is sold from 
 such package, or tub, or otherwise, at retail, in print, roll, 
 or other form, before being delivered to the purchaser, it shall 
 be wrapped in wrappers plainly stamped on the outside thereof 
 with the word "oleomargarine" printed or stamped thereon in 
 English in letters one-fourth inch square, the quantity sold, 
 and immediately following there shall appear upon the wrapper 
 the name and address of the manufacturer.  

    HIST: (3855-4) 1931 c 344 s 4 

     33.08 Descriptive matter on packages.  

    Descriptive matter upon the label shall be free from any 
 statement, design, or device that is in itself misleading or 
 that conveys or tends to convey information that the product is 
 derived from other than the ingredients of which it is composed; 
 and it shall be unlawful to label oleomargarine "dairy rolls," 
 "country rolls," "Guernsey," "Jersey," "Holstein," or other 
 labeling that would indicate that the product is of dairy or 
 creamery origin.  The use of any false or misleading statement, 
 design, or device shall not be justified by any statement given 
 as the opinion of any expert or other person appearing on the 
 label, nor by any descriptive matter explaining the use of the 
 false or misleading statement, design, or device.  

    HIST: (3855-5) 1931 c 344 s 5 

     33.09 Oleomargarine, serving as butter.  

    It shall be unlawful for the proprietor of any hotel, 
 dining room, dining car, drinking place, cafe, bakery, boat, 
 lumber camp, mining camp, railroad camp, boarding house, or 
 hospital, or any place where guests, boarders, or patients are 
 served with food for pay, or for any managing agent or servant 
 of such proprietor, to serve as or for butter, or as a 
 substitute thereof, any oleaginous substance or compound other 
 than that produced wholly from pure, unadulterated milk or 
 cream, unless there is plainly printed in English upon every 
 bill of fare, if one be used, and in letters not smaller than 
 8-point bold-faced Gothic capitals, the words "oleomargarine 
 used in place of butter," and in case no bill of fare be used, 
 the manager or person in charge of the establishment shall cause 
 to be posted upon each side of the dining car or eating room, in 
 a conspicuous position and in letters large enough to be 
 distinctly seen and read from all parts of the room, placards 
 containing on the face thereof the words, in the English 
 language, "oleomargarine used in place of butter," and such 
 person shall keep such placards continuously posted, as long as 
 such butter substitute be kept or used.  

    HIST: (3855-6) 1931 c 344 s 6; 1986 c 444 

     33.091 Penalty.  

    The minimum punishment for any person violating any of the 
 provisions of sections 33.06 to 33.09 shall be a fine of $25 or 
 imprisonment for 20 days.  

    HIST: (3855-8) 1931 c 344 s 8; 1969 c 6 s 1 

  33.095 Repealed, 1975 c 222 s 2 

  33.096 Repealed, 1975 c 222 s 2 

  33.10 Repealed, 1978 c 674 s 7 

  33.11 Repealed, 1978 c 674 s 7 

     33.111 Identification of oleomargarine served in public 
  places.  

    No person shall serve oleomargarine at a public eating 
 place, whether or not any charge is made therefor, unless each 
 separate serving is covered by a sanitary paper or parchment 
 covering or patty divider upon which is printed, in 10-point 
 boldface capital, plain Gothic letters, the word "margarine."  

    HIST: 1963 c 832 s 5; 1975 c 222 s 1 

  33.12 Repealed, 1978 c 674 s 7 

  33.13 Repealed, 1978 c 674 s 7 

  33.14 Repealed, 1978 c 674 s 7 

  33.15 Repealed, 1978 c 674 s 7 

  33.16 Renumbered 33.095 

    33.17 Subdivision 1.  Repealed, 1975 c 204 s 106 

    Subd. 2.  Repealed, 1975 c 204 s 106 

    Subd. 3.  Repealed, 1965 c 809 s 35 

  33.171 Repealed, 1978 c 674 s 7 

  33.18 Renumbered 33.002 

  33.19 Renumbered 33.011 

  33.20 Renumbered 33.031 

    33.21 Subdivision 1.  Renumbered 33.032 

    Subd. 2.  Renumbered 33.091 

    Subd. 3.  Renumbered 33.171 

    Subd. 4.  Repealed, 1961 c 484 s 2