Title Minnesota Statutes, Minnesota Statutes

28.12 RETURNING FOOD TO COLD STORAGE; TRANSFER. After food has been withdrawn from a cold storage warehouse, for the purpose of placing it on the market for sale, it shall be unlawful for any person, firm, or corporation to return such food, or any portion thereof, to that cold s…

28.13 RULES. In the manner provided by law, the commissioner shall make and publish uniform rules for the purpose of protecting the public health and interest and may make and publish uniform rules to make public current tariff rates and cold storage holdings. History: (6219) 192…

28A.01 CITATION, MINNESOTA CONSOLIDATED FOOD LICENSING LAW. Sections 28A.01 to 28A.16 shall be known as the "Minnesota Consolidated Food Licensing Law." History: 1971 c 339 s 1

28A.02 DECLARATION OF POLICY. It is hereby declared to be the policy of the legislature, recognizing that food in its various forms is essential to the health and well-being of the people of this state and that its production, processing, packaging, labeling, handling, distributi…

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

28A.04 LICENSE REQUIRED; CUSTOM PROCESSING PERMIT APPLICATIONS; RENEWALS. § Subdivision 1.Application; date of issuance. (a) Except as provided under section 28A.152, no person shall engage in the business of manufacturing, processing, selling, handling, or storing food without h…

28A.05 FOOD HANDLER CLASSES. All persons required to have a license under section 28A.04 shall be classified into one of the following classes of food handlers, according to their principal mode of business. (a) Food handlers are persons who: (1) sell or process and sell food dir…

28A.06 EXTENT OF LICENSE. No person, except as described in section 27.03, shall be required to hold more than one license in order to engage in any aspect of food handling except that: (1) each issued license shall be valid for no more than one place of business; (2) a license f…

28A.065 LICENSE REQUIREMENTS FOR A CARNIVAL, CIRCUS, OR FAIR. No person whose place of business is a carnival, circus, or fair and who holds a license pursuant to this chapter or chapter 157 shall be required to obtain any additional license or permit pursuant to the provisions o…

28A.07 ISSUANCE OF LICENSE. Prior to the issuance or renewal of any license herein, the commissioner may cause appropriate inspections to be made to determine under applicable statutory and promulgated rule requirements, the applicant's risk category and fitness to engage in the …

28A.075 DELEGATION TO LOCAL COMMUNITY HEALTH BOARD. (a) At the request of a local community health board that licensed and inspected grocery and convenience stores on January 1, 1999, the commissioner must enter into agreements before January 1, 2001, with local community health …

28A.0752 DELEGATION OF POWERS AND DUTIES. § Subdivision 1.Agreements to perform duties of commissioner. (a) Agreements to delegate licensing and inspection duties pertaining to retail food handlers shall include licensing, inspection, reporting, and enforcement duties authorized …

28A.0753 ENFORCEMENT OF LAWS BY COMMISSIONER. § Subdivision 1.Actions commenced; forfeiture of license; annulment of corporate existence. The commissioner is authorized, if upon investigation the commissioner is satisfied that the laws of the state, relative to any laws placed wi…

28A.08 LICENSE FEES; PENALTIES. § Subdivision 1.General. (a) License fees, penalties for late renewal of licenses, and penalties for not obtaining a license before conducting business in food handling that are set in this section apply to the sections named except as provided und…

28A.081 CERTIFICATE FEES. § Subdivision 1.Fee. A fee of $125 for each certificate shall be charged to any person who requests a certificate issued by the Minnesota Department of Agriculture to facilitate the movement of Minnesota processed and manufactured foods destined for expo…

28A.082 FOOD HANDLER PLAN REVIEW FEES. § Subdivision 1.Fees; application. (a) The fees for review of food handler facility floor plans under the Minnesota Food Code are based upon the square footage of the structure being newly constructed, remodeled, or converted. The fees for t…

28A.085 REINSPECTION FEES. § Subdivision 1.Violations; prohibited acts. The commissioner may charge a reinspection fee for each reinspection of a food handler or custom exempt food handler that: (1) is found with a major violation of requirements in chapter 28, 29, 30, 31, 31A, 3…

28A.09 INSPECTION FEES FOR VENDING MACHINES. § Subdivision 1.Annual fee; exceptions. Every food vending machine is subject to an annual state inspection fee of $25 for each nonexempt machine except nut vending machines which are subject to an annual state inspection fee of $10 fo…

28A.10 POSTING OF LICENSE; RULES. All such licenses shall be issued for a period of one year and shall be posted or displayed in a conspicuous place at the place of business so licensed. The commissioner may adopt such rules in conformity with law as the commissioner deems necess…

28A.11 ADJUSTMENTS. The commissioner shall make appropriate license fee adjustments for up to one year from July 1, 1971, for persons required to be licensed hereunder, who hold validly issued licenses as of the date of this act under the provisions of law amended or repealed her…

28A.14 TRANSFER OF BUSINESS. (a) Except as provided in paragraph (b), a transfer of a business or a discontinuance of its operation by the licensee at the address covered by the license voids the license and the license certificate shall be surrendered to the commissioner immedia…

28A.15 EXCLUSIONS. § Subdivision 1.Licensing provisions applicability. The licensing provisions of sections 28A.01 to 28A.16 shall not apply to the following: § Subd. 2.Sales by farmers; others not in food business. Persons selling the products of the farm or garden occupied and …

28A.151 FARMERS' MARKET OR COMMUNITY EVENT; FOOD PRODUCT SAMPLING AND DEMONSTRATION. § Subdivision 1.Definitions. (a) For purposes of this section, the following terms have the meanings given them. (b) "Farmers' market" means an association of three or more persons who assemble a…

28A.152 COTTAGE FOODS EXEMPTION. § Subdivision 1.Licensing provisions applicability. (a) Except as provided in paragraph (d), the licensing provisions of sections 28A.01 to 28A.16 do not apply to the following: (1) a person who prepares and sells food that is not potentially haza…

28A.153 WILD GAME PROCESSOR EXEMPTION. § Subdivision 1.Licensing provisions applicability. The licensing provisions of sections 28A.01 to 28A.16 do not apply to an individual who processes wild game or fowl as described in section 31A.15, subdivision 1, clause (2), if the followi…

28A.16 PERSONS SELLING LIQUOR. (a) The provisions of the Minnesota consolidated food licensing law, sections 28A.01 to 28A.16 and acts amendatory thereto, shall not apply to persons licensed to sell 3.2 percent malt liquor "on-sale" as provided in section 340A.403, or to persons …

28A.17 LICENSE RENEWAL. Licenses for food handlers shall be renewed annually prior to the end of the licensing period. Approval of license renewal is contingent upon conditions described in section 28A.07 and payment of license fees identified in section 28A.08. History: 1976 c 2…

28A.21 FOOD SAFETY AND DEFENSE TASK FORCE. § Subdivision 1.Establishment. The Food Safety and Defense Task Force is established to advise the commissioner and the legislature on food issues and food safety. § Subd. 2.Membership. (a) The Food Safety and Defense Task Force consists…

29.001 DEFINITION. § Subdivision 1.Scope. Except where the context otherwise indicates, for the purposes of this chapter, the terms defined in this section have the meanings given them. § Subd. 2.Commissioner. "Commissioner" means the commissioner of the Department of Agriculture…

29.201 BUYERS OF DOMESTIC FOWL; DEALERS' REGISTERS. Every person who engages in the business of buying chickens, turkeys, or other domestic fowl of any kind shall keep and maintain a complete record of all such transactions in a ledger or other suitable book of account permanentl…

29.203 REGISTER PRIMA FACIE EVIDENCE. Every register made or kept in compliance with the provisions of sections 29.201 to 29.205 shall be prima facie evidence of the truth and accuracy of the facts therein stated or appearing as required thereby. Every such register shall at all …

29.205 FAILURE TO KEEP REGISTERS; FALSE ENTRY THEREIN. Any person who fails to keep such record or causes to be entered or recorded any false, untruthful, deceptive, or misleading statement or data in any register required to be kept by sections 29.201 to 29.205, or who changes, …

29.21 DEFINITIONS. § Subdivision 1.Person. The word "person" when used in sections 29.21 to 29.27 means any individual, firm, partnership, corporation, company, association, joint stock association, and shall include any officer, employee, agent, trustee, receiver, assignee, or o…

29.22 EGG HANDLERS ANNUAL INSPECTION FEE; DISPOSITION OF FEES. § Subdivision 1. [Repealed, 1971 c 339 s 27] § Subd. 2.Fee. In addition to the annual food handler's license, required under section 28A.04, there is an annual inspection fee applicable to every person who engages in …

29.23 GRADING. § Subdivision 1.Grades, weight classes and standards for quality. All eggs purchased on the basis of grade by the first licensed buyer shall be graded in accordance with grade and weight classes established by the commissioner. The commissioner shall establish, by …

29.235 SALE OF SHELL EGGS. § Subdivision 1.Restriction. Checks and dirties must not be sold for human consumption as shell eggs, but may be sold as such to be processed for human consumption by a processor licensed by the commissioner to break eggs for resale, except that a produ…

29.236 EGGS IN UNCOOKED OR UNDERCOOKED FOODS. Pasteurized eggs must be used in uncooked or undercooked food or food containing unpasteurized eggs must be processed under a method approved by the commissioner sufficient to destroy the pathogen salmonella. This section does not exc…

29.237 UNIFORMITY WITH FEDERAL LAW. § Subdivision 1.Shell eggs. Federal regulations governing the grading of shell eggs and United States standards, grades, and weight classes for shell eggs, in effect on July 1, 2000, as provided by Code of Federal Regulations, title 7, part 56,…

29.24 ADULTERATED OR INEDIBLE EGGS, SALE FORBIDDEN. No person shall buy, sell, offer or expose for sale, or possess for sale, eggs for human consumption that are inedible or adulterated. Eggs that are filthy, putrid, decomposed, or otherwise unfit for food in whole or in part, sh…

29.25 DOCKAGE; OVERGRADE OR UNDERGRADE OF EGGS; RECORDS OF SALES AND PURCHASES. No person in buying or selling eggs shall take or give a greater or lesser dockage for eggs unfit for human food, as herein defined, than the actual dockage as determined by the correct candling of th…

29.26 EGGS IN POSSESSION OF RETAILER. All eggs sold or offered for sale at retail must have been candled and graded and must be clearly labeled according to Minnesota consumer grades as established by rule under section 29.23. No eggs shall be sold or offered for sale as "ungrade…

29.27 RULES. The department may supervise, regulate, and, in the manner provided by law make reasonable rules relative to grading, candling, cleaning, breaking, purchasing, and selling of eggs and egg products for purpose of preserving and protecting the public health. In additio…

30.001 DEFINITION. § Subdivision 1.Scope. Except where the context otherwise indicates, for the purposes of this chapter, the terms defined in this section have the meanings given them. § Subd. 2.Commissioner. "Commissioner" means the commissioner of the Department of Agriculture…

30.002 ENFORCEMENT. It shall be the duty of the commissioner to enforce the provisions of this chapter. History: (3945-11, 3945-18, 3945-18i, 3945-22) 1931 c 70 s 11; 1933 c 420 s 2; Ex1933 c 41 s 4; 1935 c 164 s 8; 1937 c 282 s 5

30.49 WILD RICE LABELING. § Subdivision 1.Cultivated wild rice. Wild rice containing a portion of wild rice that is cultivated and offered for wholesale or retail sale in this state must be plainly and conspicuously labeled as either "paddy" or as "cultivated" in letters of a siz…

31.001 CITATION. This chapter may be cited as the "Minnesota Food Law." History: 1974 c 84 s 1