2007 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."
History: 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.
History: 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.
History: 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. (a) 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.
    (b) 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:
    (1) licenses for all mobile food concession units and retail mobile units must be issued for
the period April 1 to March 31, and must be renewed thereafter by the licensee on or before
April 1 each year; and
    (2) a license issued for a temporary food concession stand must have a license issuance and
renewal date consistent with appropriate statutory provisions.
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, except that a license for a wholesale food processor or manufacturer
operating only at the state fair 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 of each year. A penalty for a late renewal
shall be assessed in accordance with section 28A.08.
    (c) A person applying for a new license up to 14 calendar days before the effective date of
the new license period under paragraph (b) must be issued a license for the 14 days and the next
license year as a single license and pay a single license fee as if the 14 days were part of the
upcoming license period.
    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.
History: 1971 c 339 s 4; 1975 c 412 s 10; 1977 c 160 s 2; 1996 c 407 s 18; 1999 c 59
s 1; 1Sp2001 c 2 s 43; 2007 c 45 art 1 s 36

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.
History: 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 retail food vehicle, portable structure, or cart 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 or it is a seasonal permanent food stand, seasonal temporary food
stand, food cart, or special event food stand as defined in section 157.15, in which case the
duration of the license is restricted by the limitations found in the definitions in section 157.15.
History: 1971 c 339 s 6; 2007 c 45 art 1 s 37

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.
History: 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.
History: 1971 c 339 s 7

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

28A.0752 DELEGATION OF POWERS AND DUTIES.
    Subdivision 1. Agreements to perform duties of the commissioner. (a) Agreements to
delegate licensing and inspection duties pertaining to retail grocery or convenience stores shall
include licensing, inspection, reporting, and enforcement duties authorized under sections 17.04,
28A.13, 29.21, 29.23, 29.235, 29.236, 29.237, 29.24, 29.25, 29.26, 29.27, 29.28, 30.003, 30.01,
30.099, 30.103, 30.104, 30.15, 30.19, 30.49, 30.55, 30.56, 30.57, 30.58, and 30.59, appropriate
sections of the Minnesota Food Law, chapter 31, and applicable Minnesota food rules.
(b) Agreements are subject to subdivision 3.
(c) This subdivision does not affect agreements entered into under section 28A.075 or
current cooperative agreements which base inspections and licensing responsibility on the firm's
most predominant mode of business.
    Subd. 2. Agreements to perform duties of the commissioner. An agreement to delegate
licensing and inspection of retail food handlers that are grocery or convenience stores to a local
board of health must be approved by the commissioner and is subject to subdivision 3.
    Subd. 3. Terms of agreements. (a) Agreements authorized under this section must be in
writing and signed by the delegating authority and the designated agent.
(b) The agreement must list criteria the delegating authority will use to determine if
the designated agent's performance meets appropriate standards and is sufficient to replace
performance by the delegating authority.
(c) The agreement may specify minimum staff requirements and qualifications, set
procedures for the assessment of costs, and provide for termination procedures if the delegating
authority determines that the designated agent has failed to comply with the agreement.
(d) The delegating authority and the designated agent are required to perform inspections
utilizing the Minnesota Food Code's minimum and maximum standards.
(e) A designated agent must not perform licensing, inspection, or enforcement duties under
the agreement in territory outside its jurisdiction unless approved by the commissioner and
governing body for that territory through a separate agreement.
(f) The scope of agreements established under this section is limited to duties and
responsibilities agreed upon by the parties. The agreement may provide for automatic renewal and
for notice of intent to terminate by either party.
(g) During the life of the agreement, the delegating authority shall not perform duties that
the designated agent is required to perform under the agreement, except inspections necessary to
determine compliance with the agreement and this section or as agreed to by the parties.
(h) The delegating authority shall consult with, advise, and assist a designated agent in the
performance of its duties under the agreement.
(i) This section does not alter the responsibility of the delegating authority for the
performance of duties specified by law and rule.
History: 1999 c 231 s 51; 1Sp2001 c 2 s 45

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, 2003.

				Penalties
Type of food handler			License Fee Effective July 1, 2003	Late Renewal	No License
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		$ 50	$ 17	$ 33
	(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		$ 77	$ 25	$ 51
	(c) Having $50,001 to $250,000 gross sales for the immediately previous license or fiscal year		$155	$ 51	$102
	(d) Having $250,001 to $1,000,000 gross sales for the immediately previous license or fiscal year		$276	$ 91	$ 182
	(e) Having $1,000,001 to $5,000,000 gross sales for the immediately previous license or fiscal year		$799	$264	$527
	(f) Having $5,000,001 to $10,000,000 gross sales for the immediately previous license or fiscal year		$1,162	$383	$767
	(g) Having $10,000,001 to $15,000,000 gross sales for the immediately previous license or fiscal year		$1,376	$454	$908
	(h) Having $15,000,001 to $20,000,000 gross sales for the immediately previous license or fiscal year		$1,607	$530	$1,061
	(i) Having $20,000,001 to $25,000,000 gross sales for the immediately previous license or fiscal year		$1,847	$610	$1,219
	(j) Having over $25,000,001 gross sales for the immediately previous license or fiscal year		$2,001	$660	$1,321
2.	Wholesale food handler
	(a) Having gross sales or service of less than $25,000 for the immediately previous license or fiscal year		$ 57	$ 19	$ 38
	(b) Having $25,001 to $250,000 gross sales or service for the immediately previous license or fiscal year		$284	$ 94	$187
	(c) Having $250,001 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		$444	$147	$293
	(d) Having $250,001 to $1,000,000 gross sales or service not covered under paragraph (c) for the immediately previous license or fiscal year		$590	$195	$389
	(e) Having $1,000,001 to $5,000,000 gross sales or service for the immediately previous license or fiscal year		$769	$254	$508
	(f) Having $5,000,001 to $10,000,000 gross sales for the immediately previous license or fiscal year		$920	$304	$607
	(g) Having $10,000,001 to $15,000,000 gross sales or service for the immediately previous license or fiscal year		$990	$327	$653
	(h) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year		$1,156	$381	$763
	(i) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year		$1,329	$439	$877
	(j) Having over $25,000,001 or more gross sales or service for the immediately previous license or fiscal year		$1,502	$496	$991
3.	Food broker		$150	$ 50	$ 99
4.	Wholesale food processor or manufacturer
	(a) Having gross sales of less than $125,000 for the immediately previous license or fiscal year		$169	$ 56	$112
	(b) Having $125,001 to $250,000 gross sales for the immediately previous license or fiscal year		$392	$129	$259
	(c) Having $250,001 to $1,000,000 gross sales for the immediately previous license or fiscal year		$590	$195	$389
	(d) Having $1,000,001 to $5,000,000 gross sales for the immediately previous license or fiscal year		$769	$254	$508
	(e) Having $5,000,001 to $10,000,000 gross sales for the immediately previous license or fiscal year		$920	$304	$607
	(f) Having $10,000,001 to $15,000,000 gross sales for the immediately previous license or fiscal year		$1,377	$454	$909
	(g) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year		$1,608	$531	$1,061
	(h) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year		$1,849	$610	$1,220
	(i) Having $25,000,001 to $50,000,000 gross sales or service for the immediately previous license or fiscal year		$2,090	$690	$1,379
	(j) Having $50,000,001 to $100,000,000 gross sales or service for the immediately previous license or fiscal year		$2,330	$769	$1,538
	(k) Having $100,000,000 or more gross sales or service for the immediately previous license or fiscal year		$2,571	$848	$1,697
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		$112	$ 37	$ 74
	(b) Having $125,001 to $250,000 gross sales for the immediately previous license or fiscal year		$214	$ 71	$141
	(c) Having $250,001 to $1,000,000 gross sales for the immediately previous license or fiscal year		$333	$110	$220
	(d) Having $1,000,001 to $5,000,000 gross sales for the immediately previous license or fiscal year		$425	$140	$281
	(e) Having $5,000,001 to $10,000,000 gross sales for the immediately previous license or fiscal year		$521	$172	$344
	(f) Having over $10,000,001 gross sales for the immediately previous license or fiscal year		$765	$252	$505
	(g) Having $15,000,001 to $20,000,000 gross sales for the immediately previous license or fiscal year		$893	$295	$589
	(h) Having $20,000,001 to $25,000,000 gross sales for the immediately previous license or fiscal year		$1,027	$339	$678
	(i) Having $25,000,001 to $50,000,000 gross sales for the immediately previous license or fiscal year		$1,161	$383	$766
	(j) Having $50,000,001 to $100,000,000 gross sales for the immediately previous license or fiscal year		$1,295	$427	$855
	(k) Having $100,000,001 or more gross sales for the immediately previous license or fiscal year		$1,428	$471	$942
6.	Wholesale food processor or manufacturer operating only at the State Fair		$125	$ 40	$ 50
7.	Wholesale food manufacturer having the permission of the commissioner to use the name Minnesota Farmstead cheese		$ 30	$ 10	$ 15
8.	Nonresident frozen dairy manufacturer		$200	$ 50	$ 75
9.	Wholesale food manufacturer processing less than 700,000 pounds per year of raw milk		$ 30	$ 10	$ 15
10.	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

History: 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; 1999 c 59 s 2; 1999 c 231 s 52; 2003 c 128 art 3 s 28

28A.081 CERTIFICATE FEES.
A fee of $75 for each certificate shall be charged to all food establishments that request
certificates issued by the Minnesota Department of Agriculture to facilitate the movement of
Minnesota processed and manufactured foods destined for export from the state of Minnesota.
Certificates include, but are not limited to, a certificate of free sale, certificate of export, certificate
of sanitation, sanitary certificate, certificate of origin and/or free sale, certificate of health and/or
free sale, sanitation, and purity, certificate of free trade, certificate of free sale, sanitation, purity,
and origin, certificate of health, sanitation, purity, and free sale, and letter of plant certification.
The commissioner shall bill a food establishment within seven days after issuing a certificate
to the establishment. The operator of the food establishment must submit payment for a certificate
within ten days of the billing date. If a certificate fee payment is not received within 15 days of
the billing date, the commissioner may not issue any future certificates until previous fees due
are paid in full.
History: 1999 c 231 s 53

28A.082 FOOD HANDLER PLAN REVIEW FEES.
    Subdivision 1. Fees; application. The fees for review of food handler facility floor plans
under the Minnesota Food Code are based upon the square footage of the structure being newly
constructed, remodeled, or converted. The fees for the review shall be:

	square footage		review fee
	0 - 4,999 .....	$	200.00
	5,000 - 24,999 .....	$	275.00
	25,000 plus .....	$	425.00

    The applicant must submit the required fee, review application, plans, equipment
specifications, materials lists, and other required information on forms supplied by the department
at least 30 days prior to commencement of construction, remodeling, or conversion.
    Subd. 2. Food handler plan review account; appropriation. A food handler plan review
account is created in the agricultural fund. Fees paid under subdivision 1 must be deposited
in the food handler plan review account. Money in the account, including interest accrued, is
appropriated to the commissioner for the costs of the food handler plan review program.
History: 1Sp2001 c 2 s 46; 2007 c 45 art 1 s 38

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 $75. The fee for a firm with gross food sales over $1,000,000 is
$100. The fee for a subsequent reinspection of a firm for the same violation is 50 percent of their
current license fee or $200, whichever is greater. 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. Food handler reinspection account; appropriation. A food handler reinspection
account is established in the agricultural fund. All reinspection fees and assessments collected
must be deposited in the state treasury and are credited to the food handler reinspection account.
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.
History: 1995 c 220 s 44; 1Sp2001 c 2 s 47; 2003 c 128 art 3 s 29

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 $25 for each nonexempt machine except nut vending machines
which are subject to an annual state inspection fee of $10 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.
History: 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;
2003 c 128 art 3 s 30

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.
History: 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.
History: 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.
History: 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.
History: 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.
History: 1971 c 339 s 14

28A.15 EXCLUSIONS.
    Subdivision 1. Licensing provisions applicability. The licensing provisions of sections
28A.01 to 28A.16 shall not apply to the following:
    Subd. 2. Sales by farmers; others not in food business. 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. Farmer slaughtering personal animals. 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. Chapter 221 permittees; warehouse operators. 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. Section 157.16 or 327.15 licensees. 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. Ice; soft drinks; snacks. 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. Licensed pharmacy. 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. Community event or farmers' market. 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 farmers' market with gross receipts of $5,000 or less in a calendar year
from the prepared food items. 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 subject to state inspection." Prepared foods sold under this subdivision must be labeled to
accurately reflect the name and address of the person preparing and selling the foods.
    Subd. 10. Certain home-processed and home-canned foods. (a) A person who receives
less than $5,000 in gross receipts in a calendar year from the sale of home-processed and
home-canned food products and meets the requirements in clauses (1) to (5):
(1) the products are pickles, vegetables, or fruits having an equilibrium pH value of 4.6
or lower;
(2) the products are home-processed and home-canned in Minnesota;
(3) the products are sold or offered for sale at a community or social event or a farmers'
market in Minnesota;
(4) the seller displays at the point of sale a clearly legible sign or placard stating: "These
canned goods are homemade and not subject to state inspection" unless the products were
processed and canned in a kitchen that is licensed or inspected; and
(5) each container of the product sold or offered for sale under this exemption is accurately
labeled to provide the name and address of the person who processed and canned the goods and
the date on which the goods were processed and canned.
(b) A person who qualifies for an exemption under paragraph (a) is also exempt from the
provisions of sections 31.31 and 31.392.
(c) A person claiming an exemption under this subdivision is urged to:
(1) attend and successfully complete a better process school recognized by the commissioner;
and
(2) have the recipe and manufacturing process reviewed by a person knowledgeable in the
food canning industry and recognized by the commissioner as a process authority.
(d) The commissioner, in close cooperation with the commissioner of health and the
Minnesota Extension Service, shall attempt to maximize the availability of information and
technical services and support for persons who wish to home process and home can low acid
and acidified food products.
History: 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; 2002 c 383 s 1; 2004 c 254 s 5; 2006 c 265 s 2

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.
History: 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.
History: 1976 c 2 s 7; 1996 c 407 s 25

28A.20 MS 2002 [Expired, 2001 c 161 s 10]

28A.21 FOOD SAFETY AND DEFENSE TASK FORCE.
    Subdivision 1. Establishment. The Food Safety and Defense Task Force is established to
advise the commissioner and the legislature on food issues and food safety.
    Subd. 2. Membership. (a) The Food Safety and Defense Task Force consists of:
    (1) the commissioner of agriculture or the commissioner's designee;
    (2) the commissioner of health or the commissioner's designee;
    (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 member of the Minnesota Grocers Association;
    (7) one member from the University of Minnesota knowledgeable in food and food safety
issues; and
    (8) 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;
    (iv) one person represents a food-oriented consumer group; and
    (v) one person represents a Minnesota-based manufacturer of microbial detection equipment
and remediation products.
    (b) Members shall serve without compensation. Members appointed by the governor shall
serve four-year terms.
    Subd. 3. Organization. (a) The commissioner or the commissioner's designee shall convene
the first meeting of the task force.
    (b) The task force shall meet monthly or as determined by the chair.
    (c) The members of the task force shall annually elect a chair and other officers as the
members deem necessary.
    Subd. 4. Staff. The commissioner shall provide support staff, office space, and administrative
services for the task force.
    Subd. 5. Duties. The task force shall:
    (1) coordinate educational efforts regarding 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 legislative committees with jurisdiction over
agriculture finance and policy, the legislature, and others about appropriate action to improve
food safety in the state.
    Subd. 6. Expiration. Notwithstanding section 15.059, subdivision 5, this section expires
June 30, 2012.
History: 2007 c 45 art 1 s 39