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Minnesota Legislature

Office of the Revisor of Statutes

31.01 DEFINITIONS.
    Subdivision 1. Terms. Unless the language or context clearly indicates that a different
meaning is intended, the words, terms, and phrases defined in this section shall for the purposes of
this chapter, have the meanings given to them.
    Subd. 2. Person. "Person" means any individual, firm, partnership, copartnership, society,
association, company, or corporation and includes any trustee, receiver, assignee or other similar
representative thereof.
    Subd. 3. Food. "Food" means articles used for food or drink for humans or other animals,
chewing gum, and articles used for components of any such article.
    Subd. 4. Sell and sale. "Sell" and "sale" shall be considered to include the manufacture,
production, processing, packing, exposure, offer, possession, and holding of any such article for
sale; and the sale, dispensing, and giving of any such article, and the supplying or applying of any
such article in the conduct of any food operation.
    Subd. 5.[Repealed, 1974 c 84 s 38]
    Subd. 6.[Renumbered 32.55, subd 2]
    Subd. 7.[Renumbered 32.55, subd 3]
    Subd. 8.[Renumbered 32.55, subd 4]
    Subd. 9.[Renumbered 32.55, subd 5]
    Subd. 10.[Renumbered 32.55, subd 6]
    Subd. 11.[Renumbered 32.55, subd 7]
    Subd. 12.[Renumbered 32.55, subd 8]
    Subd. 13.[Renumbered 32.55, subd 9]
    Subd. 14.[Renumbered 32.55, subd 10]
    Subd. 15.[Renumbered 32.55, subd 11]
    Subd. 16.[Renumbered 32.55, subd 12]
    Subd. 17.[Renumbered 32.55, subd 13]
    Subd. 18. Commissioner. "Commissioner" means the commissioner of the Department
of Agriculture.
    Subd. 19.[Repealed, 1974 c 84 s 38]
    Subd. 20. Consumer commodity. "Consumer commodity," except as otherwise specifically
provided by this subdivision, means any food as defined in subdivision 3 or by the federal act.
Such term does not include:
(a) Any tobacco or tobacco product.
(b) Any commodity subject to packaging or labeling requirements imposed under chapter 24.
(c) Any drug subject to the provisions of sections 151.34 to 151.40.
(d) Any beverage subject to the provisions of chapter 340A.
(e) Any commodity subject to the provisions of chapter 21.
    Subd. 21. Label. "Label" means a display of written, printed, or graphic matter upon the
immediate container of any article, and includes a like display, if required by law or rule, on the
outside container or wrapper, if any there be, of the retail package of such article.
    Subd. 22. Principal display panel. "Principal display panel" means that part of a label that
is most likely to be displayed, presented, shown, or examined under normal and customary
conditions of display for retail sale.
    Subd. 23. Immediate container. "Immediate container" does not include package liners.
    Subd. 24. Package. "Package" means any container or wrapping in which any consumer
commodity is enclosed for use in the delivery or display of that consumer commodity to retail
purchases, but does not include:
(a) Shipping containers or wrappings used solely for the transportation of any consumer
commodity in bulk or in quantity to manufacturers, packers, or processors, or to wholesale or
retail distributors thereof; or
(b) Shipping containers or outer wrappings used by retailers to ship or deliver any commodity
to retail customers if such containers and wrappings bear no printed matter pertaining to any
particular commodity.
    Subd. 25. Labeling. "Labeling" means all labels and other written, printed, or graphic matter
upon an article or any of its containers or wrappers, or accompanying such article.
    Subd. 26. Advertisement. "Advertisement" means all representations disseminated in any
manner or by any means, other than by labeling, for the purpose of inducing, or which are likely
to induce, directly or indirectly, the purchase of food.
    Subd. 27. Contaminated with filth. "Contaminated with filth" applies to any food not
securely protected from dust, dirt and, as far as may be necessary by all reasonable means, from
all foreign or injurious contaminations.
    Subd. 28. Pesticide chemical. "Pesticide chemical" means any substance which, alone, in
chemical combination, or in formulation with one or more other substances is an "economic
poison" within the meaning of chapter 24, or the Federal Insecticide, Fungicide and Rodenticide
Act (United States Code, title 7, sections 135-135k), as amended, and which is used in the
production, storage, or transportation of raw agricultural commodities.
    Subd. 29. Raw agricultural commodity. "Raw agricultural commodity" means any food
in its raw or natural state, including all fruits that are washed, colored, or otherwise treated in
their unpeeled natural form prior to marketing.
    Subd. 30. Food additive. "Food additive" means any substance the intended use of which
results or may be reasonably expected to result, directly or indirectly, in its becoming a component
or otherwise affecting the characteristics of any food; including any substance intended for use in
producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or
holding food; and including any source of radiation intended for any such use; if such substance
is not generally recognized, among experts qualified by scientific training and experience to
evaluate its safety, as having been adequately shown through scientific procedures, or in the
case of a substance used in a food prior to January 1, 1958, through either scientific procedures
or experience based on common use in food, to be safe under the conditions of its intended
use; except that such term does not include:
(a) A pesticide chemical in or on a raw agricultural commodity; or
(b) A pesticide chemical to the extent that it is intended for use or is used in the production,
storage, or transportation of any raw agricultural commodity; or
(c) A color additive; or
(d) Any substance used in accordance with a sanction or approval granted prior to the
enactment of the food additives amendment of 1958, pursuant to the federal act; the Poultry
Products Inspection Act (United States Code, title 21, section 451 et seq.) of the Meat Inspection
Act of March 4, 1907 (Statutes at Large, volume 34, page 1260), as amended and extended
(United States Code, title 21, section 71 et seq.).
    Subd. 31. Color additive. "Color additive" means a material which
(a) is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or
extracted, isolated, or otherwise derived, with or without intermediate or final change of identity,
from the vegetable, animal, mineral, or other source, and
(b) when added or applied to a food is capable, alone or through reaction with other
substance, of imparting color thereto; except that such term does not include any material which
has been or hereafter is exempted under the federal act.
"Color" includes black, white and intermediate grays. Nothing in this subdivision shall be
construed to apply to any pesticide chemical, soil or plant nutrient, or other agricultural chemical
solely because of its effect in aiding, retarding, or otherwise affecting, directly or indirectly, the
growth or other natural physiological process of produce of the soil and thereby affecting its
color, whether before or after harvest.
    Subd. 32. Federal act. "Federal act" means the federal Food, Drug, and Cosmetic Act, as
amended (United States Code, title 21, section 301 et seq.).
History: (3790,3791,3792,3871) 1921 c 495 s 3,5,84; 1953 c 518 s 1; 1961 c 113 s 1; 1961 c
128 s 14; 1961 c 144 art 1 s 1-3; 1967 c 672 s 1; 1969 c 90 s 1; 1974 c 84 s 3-18; 1983 c 300
s 6; 1985 c 248 s 70; 1986 c 444