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2017 Minnesota Statutes


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" has the meaning given in section 34A.01, subdivision 10.

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," "nonperishable food," "frozen food," "perishable food," and "readily perishable food" have the meanings given in section 34A.01.

Subd. 6.Sell; sale.

"Sell" and "sale" have the meanings given in section 34A.01, subdivision 12.

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.

Subd. 10.Vending machine.

"Vending machine" means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, dispenses unit servings of food in bulk or in packages without the necessity of replenishing the device between each vending operation.

Subd. 11.Regularly engaged.

"Regularly engaged" means any person who operates a food business over a period of time at uniform, consistent intervals.

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