2006 Minnesota Statutes

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