2006 Minnesota Statutes

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