2000 Minnesota Statutes

     31.185 Frozen food processing plants.  

    Subdivision 1.    Definitions.  The term "food" as used 
 herein includes every article used for, or 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.  

    "Frozen food processing plant" means an establishment in 
 which food is processed and frozen for frozen storage.  

    "Sharp frozen" means freezing of food in a room in which 
 the temperature is zero degrees Fahrenheit or below.  

    The term "department" as used herein means the department 
 of agriculture.  

    "Person" means an individual, partnership, corporation or 
 association.  

    "Processor" means any person who directly or indirectly, 
 for compensation, cuts, wraps and freezes meat or meat products 
 for frozen storage by the ultimate consumer.  

    Subd. 2.    Licenses.  Every person engaged in the 
 business of operating a frozen food processing plant, or engaged 
 as a processor, shall apply for a license under section 28A.04, 
 and if the commissioner shall find that the applicant maintains 
 a proper place for the storage of frozen foods, has proper 
 cooling and freezing facilities, maintains a proper place and 
 equipment for processing meats and meat products, and meets all 
 sanitation requirements, the commissioner shall issue to the 
 applicant a license therefor. 

    Subd. 3.  Repealed, 1971 c 339 s 27 

    Subd. 4.    Commissioner may withhold licenses.  The 
 commissioner may withhold a license from any applicant therefor 
 under any provisions of this section whom the commissioner may 
 deem unworthy and may revoke any license issued to any licensee 
 who has violated the terms thereof, or who has failed to comply 
 with any requirement of this section, or refused or failed to 
 obey the commissioner's lawful request or direction, and every 
 conviction of the licensee for an offense punishable under this 
 section shall be a sufficient ground for such revocation. 

    Subd. 5.    Enforcement.  The commissioner, and the 
 commissioner's inspectors, assistants and employees, shall 
 enforce the provisions of this section. 

    Subd. 6.    Must meet requirements of rules.  No article 
 of food shall be stored in any refrigerated locker unless it is 
 in a proper condition for storage and meets all the requirements 
 of law and such rules as may be established in the manner 
 provided by law by the department of agriculture, with the 
 exception of the labeling requirements.  

    Subd. 7.    Food not intended for human consumption.  
 Food or goods not intended for human consumption shall not be 
 stored in a frozen food processing plant, unless it is kept in a 
 separate room with a separate entrance.  

    Subd. 8.    Must be inspected by plant manager.  All 
 food must be inspected by plant manager or butcher and sharp 
 frozen before it may be placed in a refrigerator locker, and 
 shall be kept at a temperature of not more than five degrees 
 Fahrenheit during the period it is kept therein.  The date of 
 entry of each package of food into such locker shall be stamped 
 on each package.  

    Subd. 9.    Not applicable to warehouse operators.  
 Persons who own or operate frozen food processing plants shall 
 not be construed to be warehouse operators, nor shall receipts 
 or other instruments issued by such persons in the ordinary 
 conduct of their business be construed to be negotiable 
 warehouse receipts. 

    Subd. 10.    Lessors' liens.  Every lessor owning or 
 operating a frozen food processing plant or plants shall have a 
 lien upon all property therein for the handling, keeping, and 
 storing of the same.  

    Subd. 11.    Enforcement of lien.  Such lien may be 
 enforced by any remedy allowed by law for the enforcement of a 
 lien against personal property, and such remedy shall not bar 
 the right to recover so much of the frozen food processing 
 plant's claim as shall not be paid by the proceeds of the sale 
 of the property. 

    Subd. 12.    Violations, prosecutions.  It shall be the 
 duty of every prosecuting officer to whom the commissioner shall 
 report any violation of this section, to cause appropriate 
 proceedings to be commenced and prosecuted in the proper courts 
 without delay for the enforcement of the penalties as in such 
 case herein provided. 

    Subd. 13.    Violation, a misdemeanor.  Any person 
 violating or failing to comply with any of the provisions of 
 this section, or any of the provisions of any of the rules or 
 rulings made and published thereunder shall be deemed guilty of 
 a misdemeanor, and save as herein specifically provided, for 
 each first offense shall be punished by a fine of not less than 
 $15 or by imprisonment for not less than 20 days and for each 
 subsequent offense, by a fine of not less than $50 or by 
 imprisonment for not less than 60 days. 

    HIST: 1943 c 276 s 1-13; 1955 c 820 s 2; 1957 c 841 s 1-4; 
 1959 c 19 s 2; 1959 c 224 s 1-6; 1961 c 113 s 1; 1961 c 144 art 
 2 s 16,17; art 3 s 1; 1963 c 123 s 2; 1969 c 399 s 1; 1969 c 
 1148 s 7; 1971 c 339 s 20; 1985 c 248 s 70; 1986 c 444