2000 Minnesota Statutes

CHAPTER 34. Nonalcoholic beverages

     34.001 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 17 

     34.01 Definitions.  

    Subdivision 1.    Terms.  Unless the language or context 
 clearly indicates that a different meaning is intended, the 
 terms defined in subdivisions 2 and 3, for the purposes of 
 sections 34.02 to 34.11, shall have the meanings given them.  

    Subd. 2.    Soft drinks and other nonalcoholic beverages. 
  The term "soft drinks and other nonalcoholic beverages" means 
 and includes (1) carbonated or still beverages, (2) natural and 
 mineral waters, carbonated, plain or otherwise, (3) apple or 
 fruit ciders, natural or reconstituted fruit juices, or cereal 
 beverages and other finished beverages.  

    Subd. 3.    Adulterated soft drinks and nonalcoholic 
 beverages.  In addition to the requirements of other laws 
 relating to adulteration of food which are administered by the 
 department of agriculture, all soft drinks and other 
 nonalcoholic beverages not conforming to the provisions of 
 sections 34.02 to 34.11, or to the rules, definitions, and 
 standards made thereunder, shall be deemed to be adulterated.  

    Subd. 4.  Renumbered 34.119 

    HIST: (3965-3, 3965-9) 1927 c 42 s 3,9; 1933 c 378 s 1; 1937 c 
 359 s 1; 1945 c 39 s 1; 1947 c 447 s 1; 1953 c 586 s 1; 1961 c 
 113 s 1; 1961 c 128 s 18; 1961 c 144 art 2 s 23; 1967 c 92 s 1 

     34.02 Licenses; exceptions. 

    No person may manufacture, mix, or compound any soft drinks 
 or other nonalcoholic beverage, to be sold in bottles, barrels, 
 kegs, jars, coolers, cans, glasses or tumblers, or other 
 containers, without first having obtained a license from the 
 commissioner.  License fees shall be established in accordance 
 with section 28A.05, clause (c).  Sections 34.02 to 34.11 do not 
 apply to beverages manufactured, mixed, or compounded in 
 quantities of one quart or less at one time.  

    HIST: (3965-1) 1927 c 42 s 1; 1947 c 447 s 2; 1953 c 586 s 2; 
 1983 c 293 s 57 

     34.03 Soft drinks inspected; registration. 

    Soft drinks or other nonalcoholic beverages, that are 
 mixed, compounded, or sold for home consumption are subject to 
 rules established under section 34.09.  

    HIST: (3965-2) 1927 c 42 s 2; 1957 c 106 s 1; 1986 c 375 s 3 

  34.04 Repealed, 1971 c 339 s 27 

    34.05 Subdivision 1. Repealed, 1986 c 375 s 5 

    Subd. 2. Repealed, 1980 c 411 s 2; 1986 c 375 s 5 

  34.06 Repealed, 1971 c 339 s 27 

     34.07 Beverage inspection fund.  

    All fees collected hereunder by the commissioner, together 
 with all fines paid for the violation of the provisions of 
 sections 34.02 to 34.11, shall be paid into the state treasury 
 and credited to the beverage inspection fund, hereby created.  
 The money so derived is hereby appropriated to compensate for 
 and meet the expense of inspection and supervision, as provided 
 for in sections 34.02 to 34.11.  The money so collected and 
 appropriated shall be expended by the commissioner for 
 inspection, supervisions, publications, short courses, and such 
 other activities as in the commissioner's judgment may be 
 necessary, not inconsistent with the provisions of sections 
 34.02 to 34.11.  

    HIST: (3965-7) 1927 c 42 s 7; 1986 c 444 

  34.08 Repealed, 1971 c 339 s 27 

     34.09 Sanitation; rules. 

    The commissioner shall promulgate rules covering those 
 persons licensed under section 28A.04, who manufacture, sell, or 
 dispense soft drinks and other nonalcoholic beverages 
 establishing minimum sanitary requirements which are reasonably 
 necessary to protect the public health and interest.  The rules 
 must include, but are not limited to, sanitary practices 
 involving beverage manufacturing plants, beverage dispensing 
 equipment, and the use of sterile containers in packaging 
 beverages for home consumption.  Rules must be adopted in 
 accordance with chapter 14.  

    HIST: (3965-10) 1927 c 42 s 10; 1967 c 92 s 2; 1985 c 248 s 
 70; 1986 c 375 s 4 

  34.10 Repealed, 1967 c 92 s 4 

     34.11 Restrictions on use of trade names.  

    No person shall label or represent soft drinks or 
 nonalcoholic beverages by using any trademark, trade name or 
 proprietary name other than one owned by the person, unless the 
 soft drink or beverage is marketed or sold under franchise, 
 license, permit or contract with the owner or holder of the 
 trademark, trade name or proprietary name.  

    HIST: (3965-12) 1927 c 42 s 12; 1947 c 447 s 4; 1969 c 411 s 
 1; 1986 c 444 

     34.112 Enforcement.  

    The commissioner, and the commissioner's inspectors, 
 assistants, and employees, shall enforce the provisions of 
 sections 34.02 to 34.11.  

    HIST: (3965-1, 3965-13) 1927 c 42 s 1,13; 1961 c 144 art 2 s 
 25; 1986 c 444 

     34.113 Penalty.  

    Any person violating any of the provisions of sections 
 34.02 to 34.11, or of any rules made thereunder or now in force, 
 shall be guilty of a misdemeanor and be punished by a fine of 
 not less than $25 or by imprisonment in the county jail for not 
 less than 30 days for the first offense; and in the sum of not 
 less than $50 or by imprisonment in the county jail for not less 
 than 60 days for each subsequent offense.  

    HIST: (3965-14) 1927 c 42 s 14; 1985 c 248 s 70 

  34.119 Repealed, 1987 c 310 s 14; 1987 c 381 s 6 

  34.12 Repealed, 1987 c 310 s 14; 1987 c 381 s 6 

  34.13 Repealed, 1987 c 310 s 14; 1987 c 381 s 6 

  34.14 Repealed, 1987 c 310 s 14; 1987 c 381 s 6