1998 Minnesota Statutes

CHAPTER 28A. Licensing food handlers

     28A.01 Citation, Minnesota Consolidated Food Licensing 
  Law.  

    Sections 28A.01 to 28A.16 shall be known as the "Minnesota 
 Consolidated Food Licensing Law."  

    HIST: 1971 c 339 s 1 

     28A.02 Declaration of policy.  

    It is hereby declared to be the policy of the legislature, 
 recognizing that food in its various forms is essential to the 
 health and well-being of the people of this state and that its 
 production, processing, packaging, labeling, handling, 
 distribution and sale may create health hazards, misinform 
 consumers, perpetuate frauds or otherwise jeopardize the public 
 health and welfare and in order to effect an efficient and 
 simple form of licensing, to require that every person who 
 handles food in a manner described herein, shall obtain a 
 license therefor from the commissioner and that all producers, 
 processors, packagers, labelers, handlers, distributors and 
 vendors of food, whether or not subject to licensing, shall be 
 required to comply with all applicable rules adopted by the 
 commissioner.  

    HIST: 1971 c 339 s 2; 1985 c 248 s 70 

     28A.03 Definitions. 

    Subdivision 1.    Scope.  The definitions in this 
 section apply to sections 28A.01 to 28A.16. 

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

    Subd. 3.    Person.  "Person" means any individual, 
 firm, corporation, company, association, cooperative, or 
 partnership and includes any trustee, receiver, assignee, or 
 other similar representative thereof. 

    Subd. 4.    Place of business.  "Place of business" 
 means every location where food or food items are manufactured, 
 processed, sold, stored, or handled, including buildings, 
 locations, permanent or portable structures, carnivals, 
 circuses, fairs, or any other permanent or temporary location. 

    Any vehicle or similar mobile unit from which food is sold 
 shall be considered a place of business for purposes of this 
 section if the food therefrom has been manufactured, packaged or 
 dispensed from bulk, or processed in any manner thereon. 

    Subd. 5.    Food.  "Food" includes every article used 
 for, entering into the consumption of, or used or intended for 
 use in the preparation of food, drink, confectionery, or 
 condiment for humans, whether simple, mixed or compound. 

    (a) "Perishable food" is food which includes, but is not 
 limited to fresh fruits, fresh vegetables, and other products 
 which need protection from extremes of temperatures in order to 
 avoid decomposition by microbial growth or otherwise. 

    (b) "Readily perishable food" is food or a food ingredient 
 consisting in whole or in part of milk, milk products, eggs, 
 meat, fish, poultry or other food or food ingredient which is 
 capable of supporting rapid and progressive growth of infectious 
 or toxigenic microorganisms. 

    (c) "Frozen food" is food which is processed and preserved 
 by freezing in accordance with good commercial practices and 
 which is intended to be sold in the frozen state. 

    (d) For the purposes of this definition, packaged food in 
 hermetically sealed containers processed by heat to prevent 
 spoilage; packaged pickles; jellies, jams and condiments in 
 sealed containers; bakery products such as bread, rolls, buns, 
 donuts, fruit-filled pies and pastries; dehydrated packaged 
 food; and dry or packaged food so low in moisture content as to 
 preclude development of microorganisms are not "perishable 
 food," "readily perishable food," or "frozen food" within the 
 meaning of paragraphs (a), (b), and (c), when they are stored 
 and handled in accordance with good commercial practices. 

    (e) "Nonperishable food" is food described in paragraph (d) 
 with a shelf life of more than 90 days. 

    Subd. 6.    Sell; sale.  "Sell" and "sale" include the 
 keeping, offering, or exposing for sale, use, transporting, 
 transferring, negotiating, soliciting, or exchange of food, the 
 having in possession with intent to sell, use, transport, 
 negotiate, solicit, or exchange the same and the storing, or 
 carrying thereof in aid of traffic therein whether done or 
 permitted in person or through others. 

    Subd. 7.    Principal mode of business.  "Principal mode 
 of business" means that type of business described under 
 paragraph (a), (b), (c) or (d) in section 28A.05 within which 
 category the greatest amount of the applicant's food business 
 lies. 

    Subd. 8.    Custom processor.  "Custom processor"  means 
 a person who slaughters animals or processes noninspected meat 
 for the owner of the animals, and returns the meat products 
 derived from the slaughter or processing to the owner.  "Custom 
 processor" does not include a person who slaughters animals or 
 poultry or processes meat for the owner of the animals or 
 poultry on the farm or premises of the owner of the animals, 
 meat, or poultry.  For the purpose of this clause, "animals" or 
 "meat" do not include poultry or game animals or meat derived 
 therefrom. 

    Subd. 9.    Major violations.  "Major violation" 
 includes conditions that cause food products to become 
 adulterated, as defined in section 31.121, or fraudulently 
 misbranded, as defined in section 31.123.  

    HIST: 1971 c 339 s 3; 1975 c 412 s 9; 1977 c 160 s 1; 1978 c 
 502 s 1; 1983 c 300 s 3; 1986 c 444; 1995 c 220 s 42; 1996 c 407 
 s 17 

     28A.04 License required; custom processing permit 
  applications; renewals. 

    Subdivision 1.    Application; date of issuance.  No 
 person shall engage in the business of manufacturing, 
 processing, selling, handling, or storing food without having 
 first obtained from the commissioner a license for doing such 
 business.  Applications for such license shall be made to the 
 commissioner in such manner and time as required and upon such 
 forms as provided by the commissioner and shall contain the name 
 and address of the applicant, address or description of each 
 place of business, and the nature of the business to be 
 conducted at each place, and such other pertinent information as 
 the commissioner may require. 

    A retail or wholesale food handler license shall be issued 
 for the period July 1 to June 30 following and shall be renewed 
 thereafter by the licensee on or before July 1 each year, except 
 that licenses for all mobile food concession units and retail 
 mobile units shall be issued for the period April 1 to March 31, 
 and shall be renewed thereafter by the licensee on or before 
 April 1 each year.  A license for a food broker or for a food 
 processor or manufacturer shall be issued for the period January 
 1 to December 31 following and shall be renewed thereafter by 
 the licensee on or before January 1 of each year.  A penalty for 
 a late renewal shall be assessed in accordance with section 
 28A.08. 

    Subd. 2.    Custom processing permit.  In addition to 
 the license requirements set forth in subdivision 1, every 
 custom processor shall obtain a custom processing permit.  
 Application for a permit shall be made on forms provided by the 
 commissioner.  The commissioner shall cause the custom 
 processor's place of business to be inspected and if the 
 commissioner finds that the applicant's place of business 
 complies with state standards relating to meat processing 
 plants, a custom processing permit shall be issued to the 
 applicant.  No additional fee shall be charged for a custom 
 processing permit. 

    HIST: 1971 c 339 s 4; 1975 c 412 s 10; 1977 c 160 s 2; 1996 c 
 407 s 18 

     28A.05 Classification. 

    All persons required to have a license under section 28A.04 
 shall be classified into one of the following classes of food 
 handlers, according to their principal mode of business.  

    (a) Retail food handlers are persons who sell or process 
 and sell food directly to the ultimate consumer or who custom 
 process meat or poultry.  The term includes a person who sells 
 food directly to the ultimate consumer through the use of coin 
 actuated vending machines, and a person who sells food for 
 consumption on-site or off-site if the sale is conducted on the 
 premises that are part of a grocery or convenience store 
 operation. 

    (b) Wholesale food handlers are persons who sell to others 
 for resale.  A person who handles food in job lots (jobbers) is 
 included in this classification.  

    (c) Wholesale food processors or manufacturers are persons 
 who process or manufacture raw materials and other food 
 ingredients into food items, or who reprocess food items, or who 
 package food for sale to others for resale, or who commercially 
 slaughter animals or poultry.  Included herein are persons who 
 can, extract, ferment, distill, pickle, bake, freeze, dry, 
 smoke, grind, mix, stuff, pack, bottle, recondition, or 
 otherwise treat or preserve food for sale to others for resale, 
 cold storage warehouse operators as defined in section 28.01, 
 subdivision 3, salvage food processors as defined in section 
 31.495, subdivision 1, dairy plants as defined in section 32.01, 
 subdivision 6, and nonresident manufacturers of frozen foods as 
 described in section 32.59.  

    (d) A food broker is a person who buys and sells food and 
 who negotiates between a buyer and a seller of food, but who at 
 no time has custody of the food being bought and sold.  

    HIST: 1971 c 339 s 5; 1974 c 2 s 1; 1975 c 412 s 11; 1986 c 
 375 s 1; 1986 c 444; 1991 c 52 s 1 

     28A.06 Extent of license.  

    No person, except as described in sections 27.03 and 27.04, 
 shall be required to hold more than one license in order to 
 engage in any aspect of food handling described in section 
 28A.05 provided, that each issued license shall be valid for no 
 more than one place of business, except that a license for a 
 mobile unit or a portable structure is valid statewide and is 
 required to be issued only once each year unless the licensee 
 fails to display the license as required by section 28A.07.  

    HIST: 1971 c 339 s 6 

     28A.065 License requirements for a carnival, circus, or 
  fair. 

    No person whose place of business is a carnival, circus, or 
 fair and who holds a license pursuant to this chapter or chapter 
 157 shall be required to obtain any additional license or permit 
 pursuant to the provisions of an ordinance or rule of a 
 political subdivision in order to engage in any aspect of food 
 handling or to operate a restaurant.  

    This section does not exempt the person from compliance 
 with the provisions of chapters 37 and 38, any sanitation, 
 public health or zoning ordinance, privilege license 
 requirements or other rule of the fair or political subdivision 
 having jurisdiction over the area in which the carnival, circus, 
 or fair is conducted.  

    HIST: 1982 c 625 s 1; 1985 c 248 s 70 

     28A.07 Issuance of license.  

    Prior to the issuance or renewal of any license herein, the 
 commissioner may cause appropriate inspections to be made to 
 determine under applicable statutory and promulgated rule 
 requirements, the applicant's fitness to engage in the mode(s) 
 of business described in that person's license application.  A 
 valid and properly displayed license shall be sufficient to 
 allow the licensee to engage in the manner of food handling so 
 described in the licensee's application, provided that the 
 commissioner may withhold authorization to engage in any aspects 
 of business for which the applicant is not deemed fit under this 
 section.  A licensee may, at any time, apply to change such 
 application which shall then be considered by the commissioner 
 in the same manner as a new or renewal application hereunder.  

    HIST: 1971 c 339 s 7 

     28A.075 Delegation to local board of health. 

    The commissioner may enter into an agreement with a local 
 board of health to delegate all or part of the licensing and 
 inspection duties of the commissioner pertaining to retail food 
 handlers that are grocery or convenience stores. 

    HIST: 1991 c 52 s 2 

     28A.08 License fees; penalties. 

    Subdivision 1.    General.  License fees, penalties for 
 late renewal of licenses, and penalties for not obtaining a 
 license before conducting business in food handling that are set 
 in this section apply to the sections named except as provided 
 under section 28A.09.  Except as specified herein, bonds and 
 assessments based on number of units operated or volume handled 
 or processed which are provided for in said laws shall not be 
 affected, nor shall any penalties for late payment of said 
 assessments, nor shall inspection fees, be affected by this 
 chapter.  The penalties may be waived by the commissioner.  Fees 
 for all new licenses must be based on the anticipated future 
 gross annual food sales.  

    Subd. 2.  Repealed, 1995 c 220 s 141 

    Subd. 3.    Fees effective July 1, 1996.  

                                                   Penalties 
 Type of food handler                    License  Late     No
                                         Fee      Renewal  License
                                         Effective
                                         July 1, 1996
 1.   Retail food handler
      (a) Having gross sales of only
      prepackaged nonperishable food
      of less than $15,000 for 
      the immediately previous 
      license or fiscal year and 
      filing a statement with the 
      commissioner                       $ 45     $ 15     $ 25
      (b) Having under $15,000 gross
      sales including food preparation 
      or having $15,000 to $50,000 
      gross sales for the immediately 
      previous license or fiscal year    $ 61     $ 15     $ 25
      (c) Having $50,000 to $250,000 
      gross sales for the immediately  
      previous license or fiscal year    $118     $ 35     $ 75
      (d) Having $250,000 to 
      $1,000,000 gross sales for the 
      immediately previous license or 
      fiscal year                        $202     $ 50     $100
      (e) Having $1,000,000 to 
      $5,000,000 gross sales for the 
      immediately previous license or 
      fiscal year                        $562     $100     $175
      (f) Having $5,000,000 to
      $10,000,000 gross sales for the
      immediately previous license or
      fiscal year                        $787     $150     $300
      (g) Having over $10,000,000
      gross sales for the immediately
      previous license or fiscal year    $899     $200     $350
 2.   Wholesale food handler
      (a) Having gross sales or
      service of less than $25,000
      for the immediately previous 
      license or fiscal year             $ 50     $ 15     $ 15
      (b) Having $25,000 to
      $250,000 gross sales or
      service for the immediately 
      previous license or fiscal year    $225     $ 50     $100
      (c) Having $250,000 to 
      $1,000,000 gross sales or
      service from a mobile unit
      without a separate food facility
      for the immediately previous
      license or fiscal year             $337     $ 75     $150
      (d) Having $250,000 to 
      $1,000,000 gross sales or
      service not covered under 
      paragraph (c) for the immediately 
      previous license or fiscal year    $449     $100     $200
      (e) Having $1,000,000 to
      $5,000,000 gross sales or 
      service for the immediately 
      previous license or fiscal year    $562     $125     $250
      (f) Having over $5,000,000 gross
      sales for the immediately 
      previous license or fiscal year    $647     $150     $300
 3.   Food broker                        $112     $ 30     $ 50
 4.   Wholesale food processor
      or manufacturer 
      (a) Having gross sales of less 
      than $125,000 for the 
      immediately previous license 
      or fiscal year                     $150     $ 50     $100
      (b) Having $125,000 to $250,000
      gross sales for the immediately 
      previous license or fiscal year    $310     $ 75     $150
      (c) Having $250,001 to $1,000,000
      gross sales for the immediately 
      previous license or fiscal year    $449     $100     $200
      (d) Having $1,000,001 to
      5,000,000 gross sales for the
      immediately previous license or
      fiscal year                        $562     $125     $250
      (e) Having $5,000,001 to 
      $10,000,000 gross sales for 
      the immediately previous 
      license or fiscal year             $647     $150     $300 
      (f) Having over $10,000,000 
      gross sales for the immediately 
      previous license or fiscal year    $900     $200     $350 
 5.   Wholesale food processor of
      meat or poultry products
      under supervision of the
      U. S. Department of Agriculture 
      (a) Having gross sales of less 
      than $125,000 for the 
      immediately previous license 
      or fiscal year                     $100     $ 25     $ 50
      (b) Having $125,000 to 
      $250,000 gross sales for the
      immediately previous license
      or fiscal year                     $169     $ 50     $ 75
      (c) Having $250,001 to
      $1,000,000 gross sales for the
      immediately previous license
      or fiscal year                     $253     $ 75     $125
      (d) Having $1,000,001 to
      $5,000,000 gross sales 
      for the immediately previous 
      license or fiscal year             $310     $ 75     $150
      (e) Having $5,000,001 to 
      $10,000,000 gross sales for 
      the immediately previous 
      license or fiscal year             $366     $100     $175 
      (f) Having over $10,000,000 
      gross sales for the immediately 
      previous license or fiscal year    $500     $150     $250 
 6.   Wholesale food manufacturer
      having the permission of the
      commissioner to use the name
      Minnesota Farmstead cheese         $ 30     $ 10     $ 15
 7.   Nonresident frozen dairy 
      manufacturer                       $200     $ 50     $ 75
 8.   Wholesale food manufacturer
      processing less than 700,000
      pounds per year of raw milk        $ 30     $ 10     $ 15
 9.   A milk marketing organization
      without facilities for 
      processing or manufacturing 
      that purchases milk from milk
      producers for delivery to a
      licensed wholesale food 
      processor or manufacturer          $ 50     $ 15     $ 25

    HIST: 1971 c 339 s 8; 1975 c 412 s 12; 1977 c 114 s 2; 1981 c 
 356 s 266; 1983 c 293 s 53; 1987 c 396 art 11 s 4; 1991 c 254 
 art 3 s 15; 1992 c 513 art 2 s 17; 1995 c 220 s 43; 1996 c 407 s 
 19; 1997 c 216 s 53 

     28A.085 Reinspection fees. 

    Subdivision 1.    Violations; prohibited acts.  The 
 commissioner may charge a reinspection fee for each reinspection 
 of a food handler that: 

    (1) is found with a major violation of requirements in 
 chapter 28, 29, 30, 31, 31A, 32, 33, or 34, or rules adopted 
 under one of those chapters; 

    (2) is found with a violation of section 31.02, 31.161, or 
 31.165, and requires a follow-up inspection after an 
 administrative meeting held pursuant to section 31.14; or 

    (3) fails to correct equipment and facility deficiencies as 
 required in rules adopted under chapter 28, 29, 30, 31, 31A, 32, 
 or 34.  The first reinspection of a firm with gross food sales 
 under $1,000,000 must be assessed at $25.  The fee for a firm 
 with gross food sales over $1,000,000 is $50.  The fee for a 
 subsequent reinspection of a firm for the same violation is 50 
 percent of their current license fee.  The establishment must be 
 issued written notice of violations with a reasonable date for 
 compliance listed on the notice.  An initial inspection relating 
 to a complaint is not a reinspection. 

    Subd. 2.    Market withdrawal; food safety emergency.  A 
 food handler that requires a reinspection due to adulteration or 
 misbranded foods that result in a food being recalled from 
 commerce may be assessed for reasonable and direct reinspection 
 costs incurred by the commissioner, including personnel, travel, 
 laboratory analysis, and attorney general costs.  Reinspection 
 related to floods, earthquakes, storms, accidental fires, and 
 power outages are excluded.  The commissioner, upon request of 
 the food handler, shall provide, within a reasonable time, an 
 estimate of the anticipated cost for resolving the food safety 
 emergency. 

    Subd. 3.    Manner and timing of payment.  Unless an 
 appeal is filed under subdivision 5, a food handler must pay all 
 fees and assessments in the manner and timing requested by the 
 commissioner.  If a timely appeal is requested, the fees and 
 assessments are stayed until a decision on the appeal is issued 
 by the hearing officer.  A license may not be renewed until all 
 fees and penalties under this chapter are paid. 

    Subd. 4.    Deposit; appropriation.  All reinspection 
 fees and assessments collected must be deposited in the state 
 treasury and are credited to an account in the special revenue 
 fund.  Money in the account, including interest accrued, is 
 appropriated to the commissioner to pay the expenses relating to 
 reinspections conducted under the chapters listed in subdivision 
 1. 

    Subd. 5.    Appeals.  Food handlers may appeal 
 reinspection fees and assessments to the department hearing 
 officer within 30 days of receipt of the notice of fee 
 assessment.  The appeal must be submitted to the commissioner in 
 writing. 

    HIST: 1995 c 220 s 44 

     28A.09 Inspection fees for vending machines. 

    Subdivision 1.    Annual fee; exceptions.  Every 
 coin-operated food vending machine is subject to an annual state 
 inspection fee of $15 for each nonexempt machine except nut 
 vending machines which are subject to an annual state inspection 
 fee of $5 for each machine, provided that: 

    (a) Food vending machines may be inspected by either a home 
 rule charter or statutory city, or a county, but not both, and 
 if inspected by a home rule charter or statutory city, or a 
 county they shall not be subject to the state inspection fee, 
 but the home rule charter or statutory city, or the county may 
 impose an inspection or license fee of no more than the state 
 inspection fee.  A home rule charter or statutory city or county 
 that does not inspect food vending machines shall not impose a 
 food vending machine inspection or license fee. 

    (b) Vending machines dispensing only gum balls, hard candy, 
 unsorted candy, or ice manufactured and packaged by another 
 shall be exempt from the state inspection fee, but may be 
 inspected by the state.  A home rule charter or statutory city 
 may impose by ordinance an inspection or license fee of no more 
 than the state inspection fee for nonexempt machines on the 
 vending machines described in this paragraph.  A county may 
 impose by ordinance an inspection or license fee of no more than 
 the state inspection fee for nonexempt machines on the vending 
 machines described in this paragraph which are not located in a 
 home rule charter or statutory city.  

    (c) Vending machines dispensing only bottled or canned soft 
 drinks are exempt from the state, home rule charter or statutory 
 city, and county inspection fees, but may be inspected by the 
 commissioner or the commissioner's designee. 

    Subd. 2.    Identification; rules.  The commissioner may 
 require that a vending machine must be identified in accordance 
 with rules promulgated pursuant to chapter 14. 

    HIST: 1971 c 339 s 9; 1978 c 502 s 2; 1982 c 424 s 130; 1983 c 
 293 s 54; 1983 c 300 s 4; 1984 c 503 s 1; 1986 c 375 s 2; 1987 c 
 58 s 1; 1987 c 384 art 3 s 15; 1996 c 407 s 20 

     28A.10 Posting of license; rules. 

    All such licenses shall be issued for a period of one year 
 and shall be posted or displayed in a conspicuous place at the 
 place of business so licensed.  Except as provided in sections 
 29.22, subdivision 4 and 31.39, all such license fees and 
 penalties collected by the commissioner shall be deposited into 
 the state treasury and credited to the general fund.  The 
 commissioner may adopt such rules in conformity with law as the 
 commissioner deems necessary to effectively and efficiently 
 carry out the provisions of sections 28A.01 to 28A.16.  

    HIST: 1971 c 339 s 10; 1985 c 248 s 70; 1986 c 444 

     28A.11 Adjustments.  

    The commissioner shall make appropriate license fee 
 adjustments for up to one year from July 1, 1971 for persons 
 required to be licensed hereunder, who hold validly issued 
 licenses as of the date of this act under the provisions of law 
 amended or repealed herein.  The commissioner may also make 
 appropriate license fee adjustments for licensees changing their 
 classification under section 28A.05 prior to the expiration date 
 of their current license.  

    HIST: 1971 c 339 s 11 

     28A.12 Violations.  

    Any person who does not comply with the provisions of 
 sections 28A.01 to 28A.16 or rules issued thereunder shall be 
 guilty of a misdemeanor.  

    HIST: 1971 c 339 s 12; 1985 c 248 s 70 

     28A.13 Power to suspend or revoke licenses. 

    Whenever the commissioner has reason to believe that any 
 provision of law relating to the manufacturing, processing, 
 distribution, handling and sale of food, or rule issued by the 
 commissioner thereunder, has been violated, the commissioner may 
 suspend or revoke a license or permit granted under section 
 28A.04, or may limit the permission of the license or permit to 
 only those aspects of the licensee's or permittee's business 
 which are in conformity with the law and rules.  Any person may 
 be restrained by injunction from engaging in any business 
 operation or category thereof for which that person is not 
 validly licensed or for which a permit has not been issued. This 
 suspension or revocation shall be made only after notice to the 
 licensee or permittee and an opportunity to be heard with 
 reference to the grounds for suspension or revocation, and this 
 action by the commissioner shall in no way exempt such licensee 
 or permittee from the penalties otherwise imposed in this 
 chapter.  The commissioner shall serve upon the licensee or 
 permittee by registered letter containing a copy thereof, an 
 order to show cause why the license or permit should not be 
 permanently revoked, stating the grounds thereof, and the time 
 and place of hearing, which time shall not be less than ten days 
 after the date of mailing of the order.  At the appointed time 
 and place, and at such times as the matter may be adjourned to, 
 the commissioner, or an appointed hearing officer, shall hear 
 all proper evidence relating to the cause of the proposed 
 revocation and, within a reasonable time thereafter, shall make 
 and file a decision of the matter and forthwith mail to the 
 licensee or permittee a copy thereof. 

    HIST: 1971 c 339 s 13; 1977 c 160 s 3; 1985 c 248 s 70; 1986 c 
 444 

     28A.14 Transfer of business.  

    A transfer of a business or a discontinuance of its 
 operation by the licensee at the address covered by the license 
 voids the license and the license certificate shall be 
 surrendered to the commissioner immediately by anyone in 
 possession of the same.  

    HIST: 1971 c 339 s 14 

     28A.15 Exclusions. 

    Subdivision 1.  The licensing provisions of sections 28A.01 
 to 28A.16 shall not apply to the following: 

    Subd. 2.  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.  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.  Any persons required to be licensed under chapter 
 19 or 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.  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. 6.  Repealed, 1978 c 502 s 3 

    Subd. 7.  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.  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. 

    Subd. 9.  An individual who prepares and sells food that is 
 not potentially hazardous food, as defined in rules adopted 
 under section 31.11, at a community event or farmer's market on 
 ten or fewer days in a calendar year and with gross receipts of 
 $1,000 or less in a calendar year.  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 inspected." 

    HIST: 1971 c 339 s 15; 1974 c 2 s 2-4; 1975 c 412 s 13; 1980 c 
 509 s 17; 1985 c 237 s 1; 1985 c 248 s 70; 1986 c 444; 1987 c 
 384 art 2 s 7; 1992 c 602 s 1,2; 1996 c 407 s 21-23; 1996 c 451 
 art 4 s 70 

     28A.16 Persons selling liquor. 

    The provisions of the Minnesota consolidated food licensing 
 law, sections 28A.01 to 28A.16 and acts amendatory thereto, 
 shall not apply to persons licensed to sell 3.2 percent malt 
 liquor "on-sale" as provided in section 340A.403, or to persons 
 licensed to sell intoxicating liquors "on-sale" or "off-sale" as 
 provided in sections 340A.404 to 340A.407, provided that these 
 persons sell only ice manufactured and packaged by another, or 
 bottled or canned soft drinks and prepacked candy at retail.  

    HIST: 1971 c 339 s 16; 1974 c 2 s 5; 1985 c 305 art 12 s 5; 
 1Sp1985 c 16 art 2 s 26; 1991 c 249 s 31; 1996 c 407 s 24 

     28A.17 License renewal. 

    Licenses for food processors or manufacturers or food 
 brokers shall be renewed annually on January 1.  Licenses for 
 retail and wholesale food handlers shall be renewed annually on 
 July 1.  Licenses for mobile food concessions and for retail 
 mobile units shall be renewed annually on April 1. 

    HIST: 1976 c 2 s 7; 1996 c 407 s 25 

     28A.20 Food safety advisory committee. 

    Subdivision 1.    Establishment.  A food safety advisory 
 committee is established to advise the commissioner and the 
 legislature on food issues and food safety.  

    Subd. 2.    Membership.  (a) The food safety advisory 
 committee consists of:  

    (1) the commissioner of agriculture; 

    (2) the commissioner of health; 

    (3) a representative of the United States Food and Drug 
 Administration; 

    (4) a representative of the United States Department of 
 Agriculture; 

    (5) a representative of the agricultural utilization 
 research institute; 

    (6) one person from the University of Minnesota 
 knowledgeable in food and food safety issues; and 

    (7) nine members appointed by the governor who are 
 interested in food and food safety, of whom: 

    (i) two persons are health or food professionals; 

    (ii) one person represents a statewide general farm 
 organization; 

    (iii) one person represents a local food inspection agency; 
 and 

    (iv) one person represents a food-oriented consumer group.  

    (b) Members shall serve without compensation.  Members 
 appointed by the governor shall serve four-year terms.  

    Subd. 3.    Organization.  (a) The committee shall meet 
 monthly or as determined by the chair.  

    (b) The members of the committee shall annually elect a 
 chair and other officers as they determine necessary.  

    Subd. 4.    Staff.  The commissioner of agriculture 
 shall provide support staff, office space, and administrative 
 services for the committee.  

    Subd. 5.    Duties.  The committee shall:  

    (1) coordinate educational efforts about various aspects of 
 food safety; 

    (2) provide advice and coordination to state agencies as 
 requested by the agencies; 

    (3) serve as a source of information and referral for the 
 public, news media, and others concerned with food safety; and 

    (4) make recommendations to Congress, the legislature, and 
 others about appropriate action to improve food safety in the 
 state. 

    Subd. 6.    Expiration.  This section expires on June 
 30, 2001. 

    HIST: 1990 c 511 s 1; 1997 c 192 s 15,16