2007 Minnesota Statutes

CHAPTER 31A. MEAT AND POULTRY INSPECTION

31A.01 POLICY.
Meat, poultry, poultry food products, and meat food products are an important source of
the nation's total supply of food. It is essential in the public interest that the health and welfare
of consumers be protected by assuring that meat, poultry, and meat food products distributed to
them are wholesome, unadulterated, and properly marked, labeled, and packaged. Unwholesome,
adulterated, or misbranded meat, poultry, poultry food products, or meat food products injure the
public welfare, destroy markets for wholesome, unadulterated, and properly labeled and packaged
meat, poultry, poultry food products, and meat food products, and result in losses to livestock
producers and processors of meat, poultry, poultry food products, and meat food products and
injury to consumers. Unwholesome, adulterated, mislabeled, or deceptively packaged articles can
be sold at lower prices and compete unfairly with wholesome, unadulterated, and properly labeled
and packaged articles, to the detriment of consumers and the general public.
Regulation by the commissioner and cooperation between this state and the United States
under this chapter are appropriate to protect the health and welfare of consumers and accomplish
the purposes of this chapter.
History: 1969 c 225 s 1; 1988 c 469 art 2 s 1; 1999 c 231 s 58; 2000 c 477 s 34

31A.02 DEFINITIONS.
    Subdivision 1. Scope. The definitions in this section apply to this chapter.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of agriculture or the
commissioner's delegate.
    Subd. 3.[Repealed, 1996 c 310 s 1]
    Subd. 4. Animals. "Animals" means cattle, swine, sheep, goats, poultry, farmed cervidae,
as defined in section 35.153, subdivision 3, llamas, as defined in section 17.455, subdivision 2,
ratitae, as defined in section 17.453, subdivision 3, horses, equines, and other large domesticated
animals.
    Subd. 5. Custom processing. "Custom processing" means slaughtering, eviscerating,
dressing, or processing an animal or processing meat products or poultry products for the owner
of the animal or of the meat products and poultry products, if all meat products or poultry
products derived from the custom operation are returned to the owner of the animal or of the
meat products or poultry products. No person may sell, offer for sale, or possess with intent
to sell meat derived from custom processing.
    Subd. 6. Meat broker. "Meat broker" means a person in the business of buying or selling
carcasses, parts of carcasses, meat, meat food products, poultry, or poultry products of animals
on commission, or otherwise negotiating purchases or sales of those articles other than for the
person's own account or as an employee of another person, firm, or corporation.
    Subd. 7. Renderer. "Renderer" means a person in the business of rendering carcasses,
or parts or products of the carcasses of animals, except rendering conducted under inspection
under sections 31A.01 to 31A.16.
    Subd. 8. Animal food manufacturer. "Animal food manufacturer" means a person in the
business of manufacturing or processing animal food derived wholly or in part from animal
carcasses or carcass parts or products.
    Subd. 9. Intrastate commerce. "Intrastate commerce" means commerce within this state.
    Subd. 10. Meat food product; poultry food product. "Meat food product" or "poultry
food product" means a product usable as human food and made wholly or in part from meat or
poultry or a portion of the carcass of cattle, sheep, swine, poultry, farmed cervidae, as defined
in section 35.153, subdivision 3, llamas, as defined in section 17.455, subdivision 2, ratitae, as
defined in section 17.453, subdivision 3, or goats. "Meat food product" or "poultry food product"
does not include products which contain meat, poultry, or other portions of the carcasses of cattle,
sheep, swine, farmed cervidae, llamas, ratitae, or goats only in a relatively small proportion or
that historically have not been considered by consumers as products of the meat food industry,
and which are exempted from definition as a meat food product or poultry food product by the
commissioner under the conditions the commissioner prescribes to assure that the meat or other
portions of carcasses contained in the products are not adulterated and that the products are not
represented as meat food products or poultry food products.
"Meat food product," as applied to products of equines, has a meaning comparable to that for
cattle, sheep, swine, farmed cervidae, llamas, ratitae, and goats.
    Subd. 11. Usable as human food. "Usable as human food" means that a carcass, or part or
product of a carcass, of an animal (1) is not denatured or otherwise identified as required by rules
of the commissioner to deter its use as human food, or (2) is not naturally inedible by humans.
    Subd. 12. Prepared. "Prepared" means slaughtered, canned, salted, rendered, boned, cut
up, or otherwise manufactured or processed.
    Subd. 13. Adulterated. "Adulterated" means a carcass, part of a carcass, meat, poultry,
poultry food product, or meat food product under one or more of the following circumstances:
(a) if it bears or contains a poisonous or harmful substance which may render it injurious to
health; but if the substance is not an added substance, the article is not adulterated if the quantity
of the substance in or on the article does not ordinarily make it injurious to health;
(b) if it bears or contains, by administration of a substance to the live animal or otherwise,
an added poisonous or harmful substance, other than (1) a pesticide chemical in or on a raw
agricultural commodity; (2) a food additive; or (3) a color additive, which may, in the judgment
of the commissioner, make the article unfit for human food;
(c) if it is, in whole or in part, a raw agricultural commodity that bears or contains a pesticide
chemical which is unsafe within the meaning of section 408 of the Federal Food, Drug, and
Cosmetic Act;
(d) if it bears or contains a food additive which is unsafe within the meaning of section 409
of the Federal Food, Drug, and Cosmetic Act;
(e) if it bears or contains a color additive which is unsafe within the meaning of section 706
of the Federal Food, Drug, and Cosmetic Act;
(f) if it contains a filthy, putrid, or decomposed substance or is for any other reason unfit
for human food;
(g) if it has been prepared, packed, or held under unsanitary conditions so that it may be
contaminated with filth or harmful to health;
(h) if it is wholly or partly the product of an animal which has died otherwise than by
slaughter;
(i) if its container is wholly or partly composed of a poisonous or harmful substance which
may make the contents harmful to health;
(j) if it has been intentionally subjected to radiation, unless the use of the radiation conformed
with a regulation or exemption in effect under section 409 of the Federal Food, Drug, and
Cosmetic Act;
(k) if a valuable constituent has been wholly or partly omitted or removed from it; if a
substance has been wholly or partly substituted for it; if damage or inferiority has been concealed;
or if a substance has been added to it or mixed or packed with it so as to increase its bulk or
weight, reduce its quality or strength, or make it appear better or of greater value than it is; or
(l) if it is margarine containing animal fat and any of the raw material used in it wholly or
partly consisted of a filthy, putrid, or decomposed substance.
    Subd. 14. Misbranded. "Misbranded" means a carcass, part of a carcass, meat, poultry,
poultry food product, or meat food product under one or more of the following circumstances:
(a) if its labeling is false or misleading;
(b) if it is offered for sale under the name of another food;
(c) if it is an imitation of another food, unless its label bears, in type of uniform size and
prominence, the word "imitation" followed immediately by the name of the food imitated;
(d) if its container is made, formed, or filled so as to be misleading;
(e) if its package or other container does not have a label showing (1) the name and place of
business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity
of the contents in terms of weight, measure, or numerical count subject to reasonable variations
permitted and exemptions for small packages established in rules of the commissioner;
(f) if a word, statement, or other information required by or under authority of this chapter to
appear on the label or other labeling is not prominently and conspicuously placed on the label
or labeling in terms that make it likely to be read and understood by the ordinary individual
under customary conditions of purchase and use;
(g) if it is represented as a food for which a definition and standard of identity or composition
has been prescribed by rules of the commissioner under section 31A.07, unless (1) it conforms to
the definition and standard, and (2) its label bears the name of the food specified in the definition
and standard and, if required by the rules, the common names of optional ingredients, other than
spices, flavoring, and coloring, present in the food;
(h) if it is represented as a food for which a standard of fill of container has been prescribed
by rules of the commissioner under section 31A.07, and it falls below the applicable standard of
fill of container, unless its label bears, in the manner and form the rules specify, a statement that
it falls below the standard;
(i) if it is not subject to paragraph (g), unless its label bears (1) the usual name of the food, if
there is one, and (2) in case it is fabricated from two or more ingredients, the common or usual
name of each ingredient; except that spices, flavorings, and colorings may, when authorized by
the commissioner, be designated as spices, flavorings, and colorings without naming each. To
the extent that compliance with clause (2) is impracticable, or results in deception or unfair
competition, the commissioner shall establish exemptions by rule;
(j) if it purports to be or is represented for special dietary uses, unless its label bears the
information concerning its vitamin, mineral, and other dietary properties that the commissioner,
after consultation with the Secretary of Agriculture of the United States, determines by rule to be
necessary to inform purchasers of its value for special dietary uses;
(k) if it bears or contains any artificial flavoring, artificial coloring, or chemical preservative,
unless it bears labeling stating that fact;
(l) if it fails to bear, directly or on its container, as the commissioner by rule prescribes, the
inspection legend and other information the commissioner may require by rule to assure that it
will not have false or misleading labeling and that the public will be told how to keep the article
wholesome.
    Subd. 15. Label. "Label" means a display of written, printed, or graphic matter on an article's
immediate container, not including package liners.
    Subd. 16. Labeling. "Labeling" means labels and other written, printed, or graphic matter (1)
on an article or its containers or wrappers, or (2) accompanying an article.
    Subd. 17. Federal Meat Inspection Act. "Federal Meat Inspection Act" means the Federal
Meat Inspection Act.
    Subd. 17a. Federal Poultry Inspection Act. "Federal Poultry Inspection Act" means the
Federal Poultry Products Inspection Act, as amended.
    Subd. 18. Federal Food, Drug, and Cosmetic Act. "Federal Food, Drug, and Cosmetic
Act" means the Federal Food, Drug, and Cosmetic Act, as amended.
    Subd. 19. Pesticide chemical; food additive; color additive; raw agricultural commodity.
"Pesticide chemical," "food additive," "color additive," and "raw agricultural commodity" have
the meanings given them in the Federal Food, Drug, and Cosmetic Act.
    Subd. 20. Official mark. "Official mark" means the official inspection legend or other
symbol prescribed by rule of the commissioner to identify the status of an article or animal
under this chapter.
    Subd. 21. Official inspection legend. "Official inspection legend" means a symbol prescribed
by rule of the commissioner showing that an article was inspected and passed under this chapter.
    Subd. 22. Official certificate. "Official certificate" means a certificate prescribed by rule
of the commissioner for issuance by an inspector or other person performing official functions
under this chapter.
    Subd. 23. Official device. "Official device" means a device prescribed or authorized by the
commissioner for use in applying an official mark.
    Subd. 24. Poultry. "Poultry" means any domesticated bird, including, but not limited to,
chickens, turkeys, ducks, geese, or guineas.
History: 1969 c 225 s 2; 1983 c 300 s 17; 1985 c 248 s 70; 1986 c 444; 1988 c 469 art 2 s 1;
1993 c 375 art 9 s 9,10; 1999 c 231 s 59-61; 2000 c 477 s 35-39; 2006 c 212 art 1 s 22

31A.03 INSPECTION OF LIVE ANIMALS; DISPOSITION OF DEFECTIVE ANIMALS.
To prevent the use in intrastate commerce of adulterated meat, meat food products, poultry,
and poultry food products, the commissioner shall appoint inspectors and have them examine and
inspect all animals before the animals enter a slaughtering, packing, meat canning, rendering, or
similar establishment in this state in which slaughtering of animals and preparation of meat, meat
food products, poultry, and poultry food products are conducted solely for intrastate commerce.
Animals found on inspection to show symptoms of disease must be set apart and slaughtered
separately from other animals. The carcasses of those animals must be carefully examined and
inspected under rules of the commissioner.
History: 1969 c 225 s 3; 1985 c 248 s 70; 1988 c 469 art 2 s 1; 2000 c 477 s 40

31A.04 INSPECTION OF CARCASSES AND PARTS; MARKING; DISPOSITION OF
CONDEMNED CARCASSES.
Inspectors appointed by the commissioner for that purpose shall make a postmortem
examination and inspection of the carcasses and parts of all animals usable as human food
prepared at a slaughtering, meat canning, salting, packing, rendering, or similar establishment
in this state in which carcasses or parts are prepared solely for intrastate commerce. Carcasses
and parts of animals found to be unadulterated must be marked, stamped, tagged, or labeled,
as "Inspected and Passed." The inspectors shall label, mark, stamp, or tag as "Inspected and
Condemned" carcasses and parts of animals found to be adulterated. Carcasses and animal parts
inspected and condemned must be destroyed for food purposes by the establishment in the
presence of an inspector. The commissioner may remove inspectors from an establishment which
fails to destroy a condemned carcass or animal part.
After the first inspection, inspectors shall, if they consider it necessary, reinspect the
carcasses or animal parts to determine whether they have become adulterated since the first
inspection. If a carcass or animal part is then found to be adulterated, it must be destroyed for food
purposes by the establishment in the presence of an inspector. The commissioner may remove
inspectors from an establishment which fails to destroy a condemned carcass or animal part.
History: 1969 c 225 s 4; 1988 c 469 art 2 s 1

31A.05 APPLICATION OF INSPECTION PROVISIONS.
Sections 31A.03 and 31A.04 apply to carcasses or parts of animals, poultry, or poultry food
products, and meat or meat products derived from them that are usable as human food, when
these items are brought into a slaughtering, meat canning, salting, packing, rendering, or similar
establishment, where inspection under sections 31A.01 to 31A.16 is done. Examination and
inspection must be made before the carcasses or animal parts may enter into a department where
they are to be treated and prepared for meat food products or poultry food products.
Sections 31A.03 and 31A.04 also apply to products which, after having been issued from a
slaughtering, meat canning, salting, packing, rendering, or similar establishment, must be returned
to it or to a similar establishment where inspection is done.
The commissioner may limit the entry of carcasses, parts of carcasses, poultry, poultry food
products, meat, meat food products, and other materials into an establishment where inspection
under sections 31A.01 to 31A.16 is done to conditions the commissioner prescribes to assure
that allowing the entry of articles into inspected establishments is consistent with the purposes
of this chapter.
History: 1969 c 225 s 5; 1986 c 444; 1988 c 469 art 2 s 1; 2000 c 477 s 41

31A.06 INSPECTORS' DUTIES.
The commissioner shall appoint inspectors to examine and inspect poultry food products
and meat food products prepared in a slaughtering, meat canning, salting, packing, rendering,
or similar establishment, where the articles are prepared solely for intrastate commerce. For
examination and inspection purposes, the inspectors must be given access at all times, whether the
establishment is operated or not, to every part of the establishment. The inspectors shall mark,
stamp, tag, or label as "Minnesota Inspected and Passed" all products found to be unadulterated,
and the inspectors shall label, mark, stamp, or tag as "Minnesota Inspected and Condemned"
all products found to be adulterated. Condemned meat food products or poultry food products
must be destroyed for food purposes under section 31A.04. The commissioner may remove
inspectors from an establishment which fails to destroy condemned poultry food products or
meat food products.
History: 1969 c 225 s 6; 1988 c 469 art 2 s 1; 2000 c 477 s 42

31A.07 MARKING OR LABELING OF INSPECTED ARTICLES.
    Subdivision 1. Labeling; packing. When poultry, poultry food products, meat, or meat food
products prepared for intrastate commerce which have been inspected and marked "Minnesota
Inspected and Passed" is placed or packed in a can, pot, tin, canvas, or other receptacle or
covering in an establishment where inspection is done under sections 31A.01 to 31A.31, the
person, firm, or corporation preparing the product shall have a label attached to the can, pot,
tin, canvas, or other receptacle or covering, under supervision of an inspector. The label must
state that the contents have been "Minnesota Inspected and Passed" under sections 31A.01 to
31A.31. An inspection or examination of poultry, poultry food products, meat, or meat food
products deposited or enclosed in cans, tins, pots, canvas, or other receptacles or coverings in
an establishment where inspection is done under this chapter is not complete until the poultry,
poultry food products, meat, or meat food products have been sealed or enclosed in the can, tin,
pot, canvas, or other receptacle or covering under the supervision of an inspector.
    Subd. 2. Labels; marks. All carcasses, parts of carcasses, poultry, poultry food products,
meat, and meat food products inspected at an establishment under this chapter and found not to be
adulterated, must when they leave the establishment bear, directly or on their containers, legible
labels or official marks as required by the commissioner.
    Subd. 3. Labeling styles, sizes; standards of identity, composition, and fill. If the
commissioner determines that it is necessary for the protection of the public, the commissioner
may prescribe:
(1) the styles and sizes of type to be used in material required to be incorporated in labeling to
avoid false or misleading labeling of articles or animals subject to sections 31A.01 to 31A.20; and
(2) definitions and standards of identity, composition, or fill of container for articles subject
to sections 31A.01 to 31A.16 consistent with standards established under the Federal Food, Drug,
and Cosmetic Act or the Federal Meat Inspection Act. The commissioner and the Secretary of
Agriculture of the United States shall consult before issuance of standards to avoid inconsistent
state and federal standards.
    Subd. 4. Misleading labeling or containers. No article subject to sections 31A.01 to 31A.16
may be sold or offered for sale by a person in intrastate commerce under a name or other marking
or labeling which is false or misleading or in a container of a misleading form or size. Established
trade names and other marking and labeling and containers which are not false or misleading and
which are approved by the commissioner are permitted.
    Subd. 5. Commissioner's orders. If the commissioner has reason to believe that a marking
or labeling or the size or form of a container in use or proposed for use with an article subject to
sections 31A.01 to 31A.16 is false or misleading, the commissioner may direct that its use be
withheld unless the marking, labeling, or container is modified in a manner the commissioner
prescribes so that it will not be false or misleading. If the person using or proposing to use the
marking, labeling, or container does not accept the determination of the commissioner, the person
may request a hearing. The use of the marking, labeling, or container must, if the commissioner
so directs, be withheld pending hearing and final determination by the commissioner. A
determination by the commissioner is conclusive unless the person adversely affected appeals to
the district court within 30 days after receiving the notice of final determination.
History: 1969 c 225 s 7; 1971 c 24 s 5,6; 1971 c 25 s 15; 1986 c 444; 1988 c 469 art
2 s 1; 2000 c 477 s 43,44

31A.08 SANITATION.
The commissioner shall have experts in sanitation or other competent inspectors inspect
all slaughtering, meat canning, salting, packing, rendering, or similar establishments in which
animals are slaughtered and their poultry, poultry food products, meat, and meat food products
are prepared solely for intrastate commerce. The inspections must be conducted as necessary for
the commissioner to know the sanitary conditions of the establishments, and to prescribe the
rules of sanitation under which the establishments must be maintained. If an establishment has
sanitary conditions that allow poultry, poultry food products, meat, or meat food products to
become adulterated, the commissioner shall refuse to allow the poultry, poultry food products,
meat, or meat food products to be labeled, marked, stamped, or tagged as "Minnesota Inspected
and Passed."
History: 1969 c 225 s 8; 1985 c 248 s 70; 1986 c 444; 1988 c 469 art 2 s 1; 2000 c 477 s 45

31A.09 NIGHTTIME INSPECTIONS.
Inspections under section 31A.08 must be made at night as well as during the daytime if
slaughtering of animals or preparation of food products is conducted at night.
History: 1969 c 225 s 9; 1988 c 469 art 2 s 1

31A.10 PROHIBITIONS.
No person may, with respect to an animal, carcass, part of a carcass, poultry, poultry food
product, meat, or meat food product:
(1) slaughter an animal or prepare an article that is usable as human food, at any establishment
preparing articles solely for intrastate commerce, except in compliance with this chapter;
(2) sell, transport, offer for sale or transportation, or receive for transportation, in intrastate
commerce (i) articles which are usable as human food and are adulterated or misbranded at the
time of sale, transportation, offer for sale or transportation, or receipt for transportation; or (ii)
articles required to be inspected under sections 31A.01 to 31A.16 that have not been inspected
and passed;
(3) do something to an article that is usable as human food while the article is being
transported in intrastate commerce or held for sale after transportation, which is intended to cause
or has the effect of causing the article to be adulterated or misbranded; or
(4) sell, offer for sale, or possess with intent to sell meat derived from custom processing.
History: 1969 c 225 s 10; 1983 c 300 s 18; 1986 c 444; 1988 c 469 art 2 s 1; 2000 c 477 s 46

31A.11 FORGING OF OFFICIAL MARKS OR CERTIFICATES.
    Subdivision 1. Unauthorized marks or certificates. No brand manufacturer, printer, or
other person may cast, print, lithograph, or otherwise make a device containing an official mark,
simulation of an official mark, label bearing a mark or simulation, or form of official certificate or
simulation, except as authorized by the commissioner.
    Subd. 2. Prohibitions. No person may:
(1) forge an official device, mark, or certificate;
(2) without authorization from the commissioner use a real or simulated official device,
mark, or certificate, or alter, detach, deface, or destroy an official device, mark, or certificate;
(3) contrary to the rules prescribed by the commissioner, detach, deface, destroy, or fail
to use an official device, mark, or certificate;
(4) knowingly possess, without promptly notifying the commissioner or the commissioner's
representative, an official device, a counterfeit, simulated, forged, or improperly altered official
certificate, or a device, label, or carcass, part, or product of an animal bearing a counterfeit,
simulated, forged, or improperly altered official mark;
(5) knowingly make a false statement in a shipper's certificate or other certificate provided
for in the rules of the commissioner; or
(6) knowingly represent falsely that an article has been inspected and passed, or exempted,
under this chapter.
History: 1969 c 225 s 11; 1985 c 248 s 70; 1986 c 444; 1988 c 469 art 2 s 1

31A.12 HORSE MEAT.
No person may sell, transport, offer for sale or transportation, or receive for transportation
in intrastate commerce, whole or parts of carcasses of horses, mules, or other equines or meat
or meat food products derived from them, unless they are plainly and conspicuously marked,
labeled, or otherwise identified as required by rules prescribed by the commissioner to show the
kinds of animals from which they were derived. When required by the commissioner with respect
to establishments where inspection is done under sections 31A.01 to 31A.16, equines and their
carcasses, parts, meat, and meat food products must be prepared in establishments separate
from those in which cattle, sheep, swine, or goats are slaughtered or their carcasses, parts, meat,
or meat food products are prepared.
History: 1969 c 225 s 12; 1971 c 24 s 7; 1985 c 248 s 70; 1988 c 469 art 2 s 1

31A.13 INSPECTORS.
The commissioner shall appoint inspectors to inspect animals, whole or parts of carcasses,
poultry, poultry food products, meat, and meat food products the inspection of which is provided
for by law, and the sanitary conditions of all establishments in which the poultry, poultry food
products, meat, and meat food products are prepared. Inspectors shall refuse to stamp, mark,
tag, or label a whole or part of a carcass or a meat food product derived from it, prepared in
an establishment covered by sections 31A.01 to 31A.12, until it has actually been inspected
and found to be not adulterated. Inspectors shall perform other duties required by this chapter
or by rules adopted by the commissioner that are necessary for the efficient execution of this
chapter. Inspections under this chapter must conform to the rules adopted by the commissioner
consistent with this chapter.
History: 1969 c 225 s 13; 1985 c 248 s 70; 1988 c 469 art 2 s 1; 2000 c 477 s 47

31A.14 BRIBERY.
A person who gives or receives anything of value in order to influence the performance of
sections 31A.01 to 31A.31 violates section 609.42 or 609.43.
History: 1969 c 225 s 14; 1988 c 469 art 2 s 1

31A.15 EXEMPTIONS.
    Subdivision 1. Inspection. The provisions of sections 31A.01 to 31A.16 requiring inspection
of the slaughter of animals and the preparation of the carcasses, parts of carcasses, meat, poultry,
poultry food products, and meat food products at establishments conducting slaughter and
preparation do not apply:
(1) to the processing by a person of the person's own animals and the owner's preparation and
transportation in intrastate commerce of the carcasses, parts of carcasses, meat, poultry, poultry
food products, and meat food products of those animals exclusively for use by the owner and
members of the owner's household, nonpaying guests, and employees; or
(2) to the custom processing by a person of cattle, sheep, swine, poultry, or goats delivered
by the owner for processing, and the preparation or transportation in intrastate commerce of
the carcasses, parts of carcasses, meat, poultry, poultry food products, and meat food products
of animals, exclusively for use in the household of the owner by the owner and members of the
owner's household, nonpaying guests, and employees. Meat from custom processing of cattle,
sheep, swine, poultry, or goats must be identified and handled as required by the commissioner,
during all phases of processing, chilling, cooling, freezing, preparation, storage, and transportation.
The custom processor may not engage in the business of buying or selling carcasses, parts
of carcasses, meat, poultry, poultry food products, or meat food products of animals usable as
human food unless the carcasses, parts of carcasses, meat, poultry, poultry food products, or meat
food products have been inspected and passed and are identified as inspected and passed by the
Minnesota Department of Agriculture or the United States Department of Agriculture.
    Subd. 2. Sanitary conditions. The processing of animals and preparation of articles referred
to in subdivision 1, clause (2), must be conducted in accordance with sanitary conditions that the
commissioner may by rule prescribe.
    Subd. 3. Adulteration and misbranding. The adulteration and misbranding provisions of
sections 31A.01 to 31A.16, other than the requirement of the inspection legend, apply to articles
which are not required to be inspected under this section.
History: 1969 c 225 s 15; 1983 c 300 s 19; 1986 c 444; 1988 c 469 art 2 s 1; 1999 c 231 s
62; 2000 c 477 s 48

31A.16 STORING AND HANDLING CONDITIONS.
The commissioner may adopt rules prescribing conditions under which carcasses, parts
of carcasses, poultry, poultry food products, meat, and meat food products of animals usable
as human food must be stored or otherwise handled by a person in the business of buying,
selling, freezing, storing, or transporting them, in or for intrastate commerce, if the commissioner
considers action necessary to assure that the articles will not be adulterated or misbranded when
delivered to the consumer.
History: 1969 c 225 s 16; 1985 c 248 s 70; 1986 c 444; 1988 c 469 art 2 s 1; 2000 c 477 s 49

31A.17 ARTICLES NOT INTENDED AS HUMAN FOOD.
Inspection must not be provided under sections 31A.01 to 31A.16 at an establishment for the
slaughter of animals or the preparation of carcasses or parts or products of animals which are not
intended for use as human food. Before they are offered for sale or transportation in intrastate
commerce, those articles must be denatured or otherwise identified as prescribed by rules of the
commissioner to deter their use for human food, unless they are naturally inedible by humans.
No person may buy, sell, transport, offer for sale or transportation, or receive for transportation,
in intrastate commerce, carcasses, parts of carcasses, poultry, poultry food products, meat, or
meat food products of animals which are not intended for use as human food unless they are
denatured or otherwise identified as required by the rules of the commissioner or are naturally
inedible by humans.
History: 1969 c 225 s 17; 1985 c 248 s 70; 1988 c 469 art 2 s 1; 2000 c 477 s 50

31A.18 RECORDS.
    Subdivision 1. Who must keep. The following classes of persons shall keep records that
fully and correctly disclose all transactions involved in their businesses:
(1) persons in the business, for intrastate commerce, of slaughtering animals or preparing,
freezing, packaging, or labeling animal carcasses, parts, or products of carcasses for use as human
or animal food;
(2) persons in the intrastate business of buying or selling (as meat brokers, wholesalers, or
otherwise), transporting, or storing animal carcasses or parts or products of animal carcasses; and
(3) persons in the intrastate business of rendering, or in the intrastate business of buying,
selling, or transporting dead, dying, disabled, or diseased animals or parts of the carcasses of
animals that died other than by slaughter.
    Subd. 1a. Examination of records, facilities. Upon notice by an authorized representative
of the commissioner, persons subject to this section shall, at all reasonable times, give the
representative and an authorized representative of the Secretary of Agriculture of the United
States accompanied by a representative of the commissioner access to their places of business and
opportunity to examine the facilities, inventory, and records of the business, to copy business
records, and to take reasonable samples of their inventory upon payment of the fair market value
of the samples.
    Subd. 2. Retention. Records required by this section must be maintained for the period
of time the commissioner prescribes by rule.
History: 1969 c 225 s 18; 1985 c 248 s 70; 1988 c 469 art 2 s 1

31A.19 REGISTRATION OF BUSINESSES.
No person may engage in intrastate business as:
(1) a meat broker, renderer, or animal food manufacturer;
(2) a wholesaler of animal carcasses, carcass parts, or products of carcasses, intended for
human food or other purposes;
(3) a public warehouse operator storing carcasses or parts of carcasses of animals in or
for intrastate commerce; or
(4) a buyer, seller, or transporter of dead, dying, disabled, or diseased animals of the
specified kinds, or parts of the carcasses of animals that died other than by slaughter unless, when
required by rule of the commissioner, the person has provided the commissioner with the person's
name and the address of each place of business at which, and all trade names under which, the
person conducts business.
History: 1969 c 225 s 19; 1985 c 248 s 70; 1986 c 444; 1988 c 469 art 2 s 1

31A.20 DEAD, DYING, DISABLED, OR DISEASED ANIMALS; RULES.
This section covers dead, dying, or disabled animals and the whole or partial carcasses
of animals that died other than by slaughter.
The commissioner may adopt rules to assure that items covered by this section are not
used as human food. A person in the intrastate business of buying, selling, or transporting items
covered by this section must comply with those rules.
History: 1969 c 225 s 20; 1985 c 248 s 70; 1988 c 469 art 2 s 1

31A.21 COOPERATION WITH FEDERAL GOVERNMENT.
    Subdivision 1. Designation. The Minnesota Department of Agriculture is the state agency
responsible for cooperating with the United States Secretary of Agriculture under section 301
of the Federal Meat Inspection Act and of the Poultry Products Inspection Act to develop and
administer the state meat inspection program under this chapter so that its requirements at least
equal those imposed under titles I and IV of the Federal Meat Inspection Act and of the Poultry
Products Inspection Act to develop and administer the state program under sections 31A.17 to
31A.20 to carry out the purposes of this chapter and the federal act.
    Subd. 2. Federal assistance. In its cooperative efforts, the Minnesota Department of
Agriculture may accept from the United States Secretary of Agriculture (1) advisory assistance
in planning and otherwise developing the state program, (2) technical and laboratory assistance
and training, including necessary curricular and instructional materials and equipment, and (3)
financial and other aid for the administration of the program.
    Subd. 3. Advice; consultation. The Minnesota Department of Agriculture may recommend
to the United States Secretary of Agriculture officials or employees of this state for appointment
to the advisory committees provided for in section 301 of the Federal Meat Inspection Act and
of the Poultry Products Inspection Act. The Minnesota Department of Agriculture shall serve
as the representative of the governor for consultation with the secretary under paragraph (c) of
section 301 of the Federal Meat Inspection Act and of the Poultry Products Inspection Act unless
the governor selects another representative.
    Subd. 4. Municipalities; government subdivisions. If the state program includes
performance of functions by a municipality or other subdivision of state government, the
municipality or subdivision is part of the Minnesota Department of Agriculture for the purposes
of this section.
    Subd. 5. Application to operate inspection service. A municipality or other subdivision of
state government, through the agent of a board of health as authorized under section 145A.04
or other appropriate authority, may apply in writing for designation to operate a state-approved
inspection service under supervision of the commissioner. Applications must be filed on forms
obtained from the commissioner and include the information the commissioner requires.
    Subd. 6. Inspection and designation. On receipt of an application under subdivision 5, the
commissioner shall determine whether the applicant's inspection service conforms with this
chapter and the designation to operate under the commissioner's supervision as an approved
inspection service. A municipality or other subdivision of state government may be designated
only after the commissioner determines that each establishment under supervision of the
municipality or other subdivision conforms with this chapter and the rules of the commissioner
and that the municipality or subdivision is effectively enforcing laws and rules equivalent to
sections 31A.01 to 31A.31 and the rules of the commissioner. The department shall make
regular inspections and surveys to determine if the inspection service continues to comply. The
commissioner may revoke the designation of inspection service by an agency if the commissioner
finds that there is a failure to conform to the provisions of this chapter or the rules.
    Subd. 7. Reimbursement by state. If a municipality or other subdivision of state government
performs inspection service under this section, the agency may be reimbursed for the service at
a rate contracted with Minnesota Department of Agriculture.
History: 1969 c 225 s 21; 1985 c 248 s 70; 1986 c 444; 1987 c 309 s 24; 1988 c 469 art
2 s 1; 1999 c 231 s 63,64; 1Sp2001 c 2 s 55

31A.22 REFUSAL OR WITHDRAWAL OF INSPECTION.
The commissioner may, for a length of time the commissioner considers necessary to
carry out the purposes of this chapter, refuse to provide, or withdraw, inspection service under
sections 31A.01 to 31A.16 from an establishment. The commissioner may refuse or withdraw
inspection service if the commissioner determines, after giving the applicant for or recipient
of the service an opportunity for a hearing, that the applicant or recipient is unfit to engage in
any business requiring inspection under sections 31A.01 to 31A.16 because the applicant or
recipient, or anyone responsibly connected with the applicant or recipient, has been convicted,
in a federal or state court, of (1) a felony, or (2) more than one violation of a law, other than a
felony, based on acquiring, handling, or distributing unwholesome, mislabeled, or deceptively
packaged food or on fraud in connection with transactions in food. This section does not affect
other provisions of this chapter for withdrawal of inspection services under sections 31A.01 to
31A.16 from establishments failing to maintain sanitary conditions or to destroy condemned
carcasses, parts, meat, or meat food products.
For the purpose of this section a person is responsibly connected with a business if the
person is a partner, officer, director, holder, or owner of ten percent or more of its voting stock or
an employee in a managerial or executive capacity.
A determination and order of the commissioner under this section is final unless the affected
applicant for or recipient of inspection service applies for judicial review within 30 days after the
effective date of the order in the district court. Judicial review of an order must be based on the
same record as the determination and order.
History: 1969 c 225 s 22; 1986 c 444; 1988 c 469 art 2 s 1

31A.23 DETENTION OF ANIMALS OR PRODUCTS.
This section applies to a carcass, part of a carcass, meat, or meat food product of an animal, a
product exempted from the definition of a meat food product, or a dead, dying, disabled, or
diseased animal. If an authorized representative of the commissioner finds such an article or
animal on premises where it is held for purposes of, during, or after distribution in intrastate
commerce, and there is reason to believe that it is adulterated or misbranded and is usable as
human food, or that it has not been inspected, in violation of sections 31A.01 to 31A.16, the
Federal Meat Inspection Act, or the Federal Food, Drug, and Cosmetic Act, or that the article
or animal has been or is intended to be distributed in violation of a provision of those laws, it
may be detained by the representative for up to 20 days pending action under section 31A.24 or
notification of federal authorities having jurisdiction over the article or animal. It must not be
moved by a person, firm, or corporation from the place at which it is located when detained, until
released by the representative. The representative may require all official marks to be removed
from the article or animal before it is released unless the commissioner is satisfied that the article
or animal is eligible to retain the official marks.
History: 1969 c 225 s 23; 1988 c 469 art 2 s 1

31A.24 SEIZURE AND CONDEMNATION.
    Subdivision 1. What can be seized. This section applies to a carcass, part of a carcass, meat
or meat food product of animals or to a dead, dying, disabled, or diseased animal that is being
transported in intrastate commerce, or is held for sale in this state after transportation in intrastate
commerce. These articles or animals may be proceeded against, seized, and condemned, if (1)
they are or have been prepared, sold, transported, or otherwise distributed or offered or received
for distribution in violation of sections 31A.01 to 31A.31; (2) they are usable as human food and
are adulterated or misbranded; or (3) they are in any other way in violation of sections 31A.01 to
31A.31. The department may act against the article or animal at any time, on a complaint in the
district court of the judicial district where the article or animal is found.
    Subd. 2. Sale of condemned items. If the article or animal is condemned it must, after entry
of the decree, be disposed of by destruction or sale as the court directs. If it is sold, the proceeds
must be paid to the state, less the court costs and fees and storage and other proper expenses,
but the article or animal must not be sold contrary to this chapter, the Federal Meat Inspection
Act, or the Federal Food, Drug, and Cosmetic Act. If a bond is delivered conditioned that the
article or animal must not be sold or otherwise disposed of contrary to this chapter or federal law,
the court may direct that the article or animal be delivered to its owner subject to supervision
by authorized representatives of the commissioner that is necessary to assure compliance with
the applicable laws.
    Subd. 3. Types of proceedings; awards of costs. When a decree of condemnation is entered
against the article or animal and it is released under bond or destroyed, court costs and fees
and storage and other proper expenses must be awarded against the person, if any, intervening
as claimant of the article or animal. The proceedings for condemnation must be in rem. Either
party may demand trial by jury of any issue of fact joined in any case, and all proceedings must
be at the suit of and in the name of the state.
This section does not change the authority for condemnation or seizure conferred by other
provisions of this chapter, or other laws.
History: 1969 c 225 s 24; 1988 c 469 art 2 s 1

31A.25 ACCESS BY INSPECTORS.
To get information about suspected violations of law, the commissioner and the
commissioner's assistants, inspectors, appointees, agents and employees must be given access to
the following:
(1) places where food or something else, the manufacture, sale, use, or transportation of
which is restricted, regulated, or prohibited by a law of this state, is or may be manufactured,
prepared, stored, sold, used, transported, offered for sale or transportation, or had in possession
with intent to use, sell, or transport, or where cows or other animals are pastured or stabled;
(2) cars or other carriages used to transport the articles or animals; and
(3) places where food is or may be cooked, prepared, sold, or kept for sale to or for the public
or distributed as a part of the compensation of an employee or agent, including public and private
hospitals, lumber and railroad camps, inns, boarding and eating houses, drinking places, dining
cars, boats, and other places where any of these articles may be manufactured, sold, used, offered
for sale or transportation, or possessed with intent to use, sell, or transport.
They may inspect a package, receptacle, or container found in those places apparently
containing food, a food ingredient, or something else the manufacture, use, sale, or transportation
of which is restricted, regulated, or forbidden by state law, and may take samples from it for
analysis. A person obstructing entry or inspection, or failing upon request to assist in the
inspection, is guilty of a misdemeanor.
History: 1969 c 225 s 25; 1986 c 444; 1988 c 469 art 2 s 1

31A.26 VIOLATIONS AND PENALTIES.
    Subdivision 1. Misdemeanors. A person who violates a provision of this chapter or a rule
adopted under it for which no other criminal penalty is provided is guilty of a misdemeanor.
    Subd. 2. Minor violations. This chapter does not require the commissioner to report for
prosecution or for the institution of injunction proceedings minor violations of sections 31A.01
to 31A.31 if the commissioner believes that the public interest will be adequately served by
a suitable written warning.
History: 1969 c 225 s 26; 1985 c 248 s 70; 1986 c 444; 1988 c 469 art 2 s 1

31A.27 POWERS OF COMMISSIONER.
    Subdivision 1. Gathering information. The commissioner may, for the purposes of this
chapter:
(1) gather and compile information concerning and investigate the organization, business,
conduct, practices, and management of a person in intrastate commerce and the person's relation
to other persons; and
(2) require, by general or special orders, a person, persons, or a class of persons engaged
in intrastate commerce to file with the commissioner, in the form the commissioner prescribes,
annual and special reports or answers in writing to specific questions, giving the commissioner
the information the commissioner requires about the organization, business, conduct, practices,
management, and relation to other persons, of the person filing the reports or answers. The reports
and answers must be made under oath, or otherwise, as the commissioner prescribes, and filed
with the commissioner within a reasonable time the commissioner prescribes, unless additional
time is granted by the commissioner.
    Subd. 2. Examination of documents for evidence. (a) For the purposes of this chapter,
the commissioner must at all reasonable times be allowed to examine and copy documentary
evidence of a person being investigated or proceeded against. The commissioner may subpoena
witnesses and require the production of documentary evidence of a person relating to any matter
under investigation. The commissioner may sign subpoenas, administer oaths and affirmations,
examine witnesses, and receive evidence.
(b) Attendance of witnesses and the production of documentary evidence may be required
at a designated hearing place. In case of disobedience to a subpoena, the commissioner may
invoke the aid of the district court to require the attendance and testimony of witnesses and the
production of documentary evidence.
(c) The district court, in case of refusal to obey a subpoena issued to a person, may issue an
order requiring the person to appear before the commissioner or to produce documentary evidence
if ordered, or to give evidence touching the matter in question. Failure to obey the order of the
court may be punished by the court as a contempt.
(d) Upon the application of the attorney general of this state at the request of the
commissioner, the district court may order a person to comply with sections 31A.01 to 31A.31 or
an order of the commissioner made under those sections.
(e) The commissioner may order testimony to be taken by deposition in a proceeding
or investigation pending under this chapter at any state of the proceeding or investigation.
Depositions may be taken before a person designated by the commissioner and having power to
administer oaths. The testimony must be reduced to writing by the person taking the deposition or
under the person's direction and must then be signed by the witness. A person may be compelled
to appear and depose and to produce documentary evidence in the same manner as witnesses may
be compelled to appear and testify and produce documentary evidence before the commissioner.
(f) Witnesses summoned before the commissioner may be paid the same fees and mileage
that are paid witnesses in the district courts. Witnesses whose depositions are taken and the
persons taking them may be entitled to the fees that are paid for those services in the district court.
(g) A person is not excused from attending and testifying or from producing books,
papers, schedules of charges, contracts, agreements, or other documentary evidence before the
commissioner or in obedience to the subpoena of the commissioner whether the subpoena
is signed or issued by the commissioner or the commissioner's delegate, or in any cause or
proceeding, criminal or otherwise, based upon or growing out of an alleged violation of this
chapter because the testimony or evidence, documentary or otherwise, required of the person
may tend to incriminate the person or subject the person to a penalty or forfeiture. No person
may be prosecuted or subjected to a penalty or forfeiture on account of a matter concerning
which the person is compelled, after having claimed a privilege against self-incrimination, to
testify or produce evidence, documentary or otherwise, except that a witness is not exempt from
prosecution and punishment for perjury committed in testifying.
    Subd. 3. Penalties related to testimony and records. (a) A person who neglects or refuses
to attend and testify, to answer a lawful inquiry, or to produce documentary evidence, if it is in the
person's power to do so, in obedience to the subpoena or lawful requirement of the commissioner
is guilty of a misdemeanor.
(b) A person who willfully (1) makes or causes to be made a false entry or statement of fact
in a report required under this chapter; (2) makes or causes to be made a false entry in an account,
record, or memorandum kept by a person subject to this chapter; (3) neglects or fails to make or to
cause to be made full and correct entries in the accounts, records, or memoranda, of all facts and
transactions relating to the person's business; (4) leaves the jurisdiction of this state; (5) mutilates,
alters, or by any other means falsifies documentary evidence of a person subject to this chapter; or
(6) refuses to submit to the commissioner, for inspection and copying, any documentary evidence
of a person subject to this chapter in the person's possession or control, is guilty of a misdemeanor.
(c) A person required by this chapter to file an annual or special report who fails to do so
within the time fixed by the commissioner for filing the report and continues the failure for 30
days after notice of failure to file, is guilty of a misdemeanor.
(d) An officer or employee of this state who makes public information obtained by the
commissioner without the commissioner's authority, unless directed by a court, is guilty of
a misdemeanor.
History: 1969 c 225 s 27; 1986 c 444; 1988 c 469 art 2 s 1

31A.28 [Repealed, 1999 c 231 s 207]

31A.29 COST OF ADMINISTRATION; OVERTIME WORK.
The cost of administering this chapter, including the cost of inspection, must be paid
from appropriations made for this purpose, except to the extent of federal contributions as
provided in section 31A.21. The commissioner may pay employees of the Department of
Agriculture employed in establishments subject to this chapter for overtime work performed at
the establishments. The commissioner may accept from the establishments where the overtime
work is performed reimbursement for sums paid by the commissioner for overtime work.
Reimbursements must be deposited in the treasury and credited to the accounts from which the
overtime costs were paid.
History: 1969 c 225 s 29; 1986 c 444; 1988 c 469 art 2 s 1

31A.30 [Repealed, 1996 c 310 s 1]

31A.31 CITATION.
This chapter may be cited as the Minnesota Meat and Poultry Inspection Act.
History: 1969 c 225 s 31; 1988 c 469 art 2 s 1; 1999 c 231 s 65