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28A.075 DELEGATION TO LOCAL BOARD OF HEALTH.
(a) At the request of a local board of health that licensed and inspected grocery and
convenience stores on January 1, 1999, the commissioner must enter into agreements before
January 1, 2001, with local boards of health to delegate to the appropriate local board of health
the licensing and inspection duties of the commissioner pertaining to retail food handlers that are
grocery or convenience stores. At the request of a local board of health that licensed and inspected
part of any grocery or convenience store on January 1, 1999, the commissioner must enter into
agreements before July 1, 2001, with local boards of health to delegate to the appropriate local
board of health the licensing and inspection duties of the commissioner pertaining to retail food
handlers that are grocery or convenience stores. At any time thereafter, the commissioner may
enter into an agreement with a local board of health that licensed and inspected all or part of any
grocery or convenience store on January 1, 1999, to delegate to the appropriate local board of
health the licensing and inspection duties of the commissioner pertaining to retail food handlers
that are grocery or convenience stores. Retail grocery or convenience stores inspected under the
state meat inspection program of chapter 31A are exempt from delegation.
(b) A local board of health must adopt an ordinance consistent with the Minnesota Food Code,
Minnesota Rules, chapter 4626, for all of its jurisdiction to regulate grocery and convenience
stores and the ordinance (Food Code) must not be in conflict with standards set in law or rule.
(c) A fee to recover the estimated costs of enforcement of this chapter must be established
by ordinance and must be fair, reasonable, and proportionate to the actual cost of the licensing
and inspection services. The fee must only be maintained and used for the estimated costs
of enforcing this chapter.
History: 1991 c 52 s 2; 1999 c 231 s 50; 2000 c 477 s 26; 1Sp2001 c 2 s 44

Official Publication of the State of Minnesota
Revisor of Statutes