Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1955 Latest Draft

Bill / Introduced Version Filed 03/06/2025

                            1.1	A bill for an act​
1.2 relating to agriculture; creating a microenterprise home kitchen operation license;​
1.3 appropriating money; amending Minnesota Statutes 2024, sections 28A.03, by​
1.4 adding a subdivision; 28A.04, subdivision 1; 28A.05; 28A.08, subdivision 3; 31.04;​
1.5 34A.01, subdivision 1; 34A.04, subdivision 1; proposing coding for new law as​
1.6 Minnesota Statutes, chapter 31C.​
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.8 Section 1. Minnesota Statutes 2024, section 28A.03, is amended by adding a subdivision​
1.9to read:​
1.10 Subd. 12.Microenterprise home kitchen operation."Microenterprise home kitchen​
1.11operation" has the meaning given in section 31C.01, clause (3).​
1.12 Sec. 2. Minnesota Statutes 2024, section 28A.04, subdivision 1, is amended to read:​
1.13 Subdivision 1.Application; date of issuance.(a) No person shall engage in the business​
1.14of manufacturing, processing, selling, handling, or storing food without having first obtained​
1.15from the commissioner a license for doing such business. Applications for such license shall​
1.16be made to the commissioner in such manner and time as required and upon such forms as​
1.17provided by the commissioner and shall contain the name and address of the applicant,​
1.18address or description of each place of business, and the nature of the business to be​
1.19conducted at each place, and such other pertinent information as the commissioner may​
1.20require.​
1.21 (b) A retail or wholesale food handler license shall be issued for the period July 1 to​
1.22June 30 following and shall be renewed thereafter by the licensee on or before July 1 each​
1.23year, except that:​
1​Sec. 2.​
REVISOR BD/HL 25-03321​02/06/25 ​
State of Minnesota​
This Document can be made available​
in alternative formats upon request​
HOUSE OF REPRESENTATIVES​
H. F. No.  1955​
NINETY-FOURTH SESSION​
Authored by Roach​03/06/2025​
The bill was read for the first time and referred to the Committee on Agriculture Finance and Policy​ 2.1 (1) licenses for all mobile food concession units and retail mobile units must be issued​
2.2for the period April 1 to March 31, and must be renewed thereafter by the licensee on or​
2.3before April 1 each year; and​
2.4 (2) a license issued for a temporary food concession stand must have a license issuance​
2.5and renewal date consistent with appropriate statutory provisions.​
2.6 (c) A custom exempt food handler license shall be issued for the period July 1 to June​
2.730 following and shall be renewed thereafter by the licensee on or before July 1 each year.​
2.8The custom exempt food handler license is for businesses that only conduct custom exempt​
2.9operations and mark all products as "Not For Sale." Food handlers that conduct retail exempt​
2.10operations or other operations other than custom exempt processing or slaughter are not​
2.11eligible for this license.​
2.12 (d) A license for a food broker or for a food processor or manufacturer shall be issued​
2.13for the period January 1 to December 31 following and shall be renewed thereafter by the​
2.14licensee on or before January 1 of each year, except that a license for a wholesale food​
2.15processor or manufacturer operating only at the state fair shall be issued for the period July​
2.161 to June 30 following and shall be renewed thereafter by the licensee on or before July 1​
2.17of each year. A penalty for a late renewal shall be assessed in accordance with section​
2.1828A.08.​
2.19 (e) A microenterprise home kitchen operation license must be issued for the period of​
2.20January 1 to December 31 following application and may be renewed annually. The​
2.21commissioner must issue the license within 30 calendar days after receiving the application.​
2.22 (e) (f) A person applying for a new license up to 14 calendar days before the effective​
2.23date of the new license period under paragraph (b) or (e) must be issued a license for the​
2.2414 days and the next license year as a single license and pay a single license fee as if the​
2.2514 days were part of the upcoming license period.​
2.26 Sec. 3. Minnesota Statutes 2024, section 28A.05, is amended to read:​
2.27 28A.05 CLASSIFICATION.​
2.28 All persons required to have a license under section 28A.04 shall be classified into one​
2.29of the following classes of food handlers, according to their principal mode of business.​
2.30 (a) Retail food handlers are persons who sell or process and sell food directly to the​
2.31ultimate consumer or who custom process meat or poultry. The term includes a person who​
2.32sells food directly to the ultimate consumer through the use of vending machines, and a​
2​Sec. 3.​
REVISOR BD/HL 25-03321​02/06/25 ​ 3.1person who sells food for consumption on site or off site if the sale is conducted on the​
3.2premises that are part of a grocery or convenience store operation.​
3.3 (b) Wholesale food handlers are persons who sell to others for resale. A person who​
3.4handles food in job lots (jobbers) is included in this classification.​
3.5 (c) Wholesale food processors or manufacturers are persons who process or manufacture​
3.6raw materials and other food ingredients into food items, or who reprocess food items, or​
3.7who package food for sale to others for resale, or who commercially slaughter animals or​
3.8poultry. Included herein are persons who can, extract, ferment, distill, pickle, bake, freeze,​
3.9dry, smoke, grind, mix, stuff, pack, bottle, recondition, or otherwise treat or preserve food​
3.10for sale to others for resale, cold storage warehouse operators as defined in section 28.01,​
3.11subdivision 3, salvage food processors as defined in section 31.495, subdivision 1, and dairy​
3.12plants as defined in section 32D.01, subdivision 6.​
3.13 (d) Custom exempt food handlers are persons who only conduct custom exempt​
3.14processing as defined in section 31A.02, subdivision 5. A retail or wholesale transaction​
3.15may not take place in a facility operated by a person with a custom exempt food handler​
3.16license.​
3.17 (e) A food broker is a person who buys and sells food and who negotiates between a​
3.18buyer and a seller of food, but who at no time has custody of the food being bought and​
3.19sold.​
3.20 (f) A microenterprise home kitchen operation is a person who exclusively prepares food​
3.21at a residence according to chapter 31C.​
3.22 Sec. 4. Minnesota Statutes 2024, section 28A.08, subdivision 3, is amended to read:​
3.23 Subd. 3.Fees effective July 1, 2003 2025.​
3.24	Penalties​
No​
License​
Late​
Renewal​
License Fee​
3.26	Effective​
3.25 Type of food handler​
3.27	July 1, 2003​
3.28	2025​
Retail food handler or custom exempt food​
3.30 handler​
3.291.​
$ 33​$ 17​$ 50​
3.31 (a) Having gross sales of only prepackaged​
3.32 nonperishable food of less than $15,000 for​
3.33 the immediately previous license or fiscal​
3.34 year and filing a statement with the​
3.35 commissioner​
$ 51​$ 25​$ 77​
3.36 (b) Having under $15,000 gross sales or​
3.37 service including food preparation or having​
3​Sec. 4.​
REVISOR BD/HL 25-03321​02/06/25 ​ 4.1 $15,000 to $50,000 gross sales or service​
4.2 for the immediately previous license or​
4.3 fiscal year​
$102​$ 51​$155​
4.4 (c) Having $50,001 to $250,000 gross sales​
4.5 or service for the immediately previous​
4.6 license or fiscal year​
$182​$ 91​$276​
4.7 (d) Having $250,001 to $1,000,000 gross​
4.8 sales or service for the immediately previous​
4.9 license or fiscal year​
$527​$264​$799​
4.10 (e) Having $1,000,001 to $5,000,000 gross​
4.11 sales or service for the immediately previous​
4.12 license or fiscal year​
$767​$383​$1,162​
4.13 (f) Having $5,000,001 to $10,000,000 gross​
4.14 sales or service for the immediately previous​
4.15 license or fiscal year​
$908​$454​$1,376​
4.16 (g) Having $10,000,001 to $15,000,000​
4.17 gross sales or service for the immediately​
4.18 previous license or fiscal year​
$1,061​$530​$1,607​
4.19 (h) Having $15,000,001 to $20,000,000​
4.20 gross sales or service for the immediately​
4.21 previous license or fiscal year​
$1,219​$610​$1,847​
4.22 (i) Having $20,000,001 to $25,000,000​
4.23 gross sales or service for the immediately​
4.24 previous license or fiscal year​
$1,321​$660​$2,001​
4.25 (j) Having over $25,000,001 gross sales or​
4.26 service for the immediately previous license​
4.27 or fiscal year​
Wholesale food handler​4.282.​
$ 38​$ 19​$ 57​
4.29 (a) Having gross sales or service of less than​
4.30 $25,000 for the immediately previous​
4.31 license or fiscal year​
$187​$ 94​$284​
4.32 (b) Having $25,001 to $250,000 gross sales​
4.33 or service for the immediately previous​
4.34 license or fiscal year​
$293​$147​$444​
4.35 (c) Having $250,001 to $1,000,000 gross​
4.36 sales or service from a mobile unit without​
4.37 a separate food facility for the immediately​
4.38 previous license or fiscal year​
$389​$195​$590​
4.39 (d) Having $250,001 to $1,000,000 gross​
4.40 sales or service not covered under paragraph​
4.41 (c) for the immediately previous license or​
4.42 fiscal year​
$508​$254​$769​
4.43 (e) Having $1,000,001 to $5,000,000 gross​
4.44 sales or service for the immediately previous​
4.45 license or fiscal year​
$607​$304​$920​
4.46 (f) Having $5,000,001 to $10,000,000 gross​
4.47 sales or service for the immediately previous​
4.48 license or fiscal year​
4​Sec. 4.​
REVISOR BD/HL 25-03321​02/06/25 ​ $653​$327​$990​
5.1 (g) Having $10,000,001 to $15,000,000​
5.2 gross sales or service for the immediately​
5.3 previous license or fiscal year​
$763​$381​$1,156​
5.4 (h) Having $15,000,001 to $20,000,000​
5.5 gross sales or service for the immediately​
5.6 previous license or fiscal year​
$877​$439​$1,329​
5.7 (i) Having $20,000,001 to $25,000,000​
5.8 gross sales or service for the immediately​
5.9 previous license or fiscal year​
$991​$496​$1,502​
5.10 (j) Having over $25,000,001 or more gross​
5.11 sales or service for the immediately previous​
5.12 license or fiscal year​
$ 99​$ 50​$150​Food broker​5.133.​
Wholesale food processor or manufacturer​5.144.​
$112​$ 56​$169​
5.15 (a) Having gross sales or service of less than​
5.16 $125,000 for the immediately previous​
5.17 license or fiscal year​
$259​$129​$392​
5.18 (b) Having $125,001 to $250,000 gross sales​
5.19 or service for the immediately previous​
5.20 license or fiscal year​
$389​$195​$590​
5.21 (c) Having $250,001 to $1,000,000 gross​
5.22 sales or service for the immediately previous​
5.23 license or fiscal year​
$508​$254​$769​
5.24 (d) Having $1,000,001 to $5,000,000 gross​
5.25 sales or service for the immediately previous​
5.26 license or fiscal year​
$607​$304​$920​
5.27 (e) Having $5,000,001 to $10,000,000 gross​
5.28 sales or service for the immediately previous​
5.29 license or fiscal year​
$909​$454​$1,377​
5.30 (f) Having $10,000,001 to $15,000,000​
5.31 gross sales or service for the immediately​
5.32 previous license or fiscal year​
$1,061​$531​$1,608​
5.33 (g) Having $15,000,001 to $20,000,000​
5.34 gross sales or service for the immediately​
5.35 previous license or fiscal year​
$1,220​$610​$1,849​
5.36 (h) Having $20,000,001 to $25,000,000​
5.37 gross sales or service for the immediately​
5.38 previous license or fiscal year​
$1,379​$690​$2,090​
5.39 (i) Having $25,000,001 to $50,000,000​
5.40 gross sales or service for the immediately​
5.41 previous license or fiscal year​
$1,538​$769​$2,330​
5.42 (j) Having $50,000,001 to $100,000,000​
5.43 gross sales or service for the immediately​
5.44 previous license or fiscal year​
$1,697​$848​$2,571​
5.45 (k) Having $100,000,000 or more gross​
5.46 sales or service for the immediately previous​
5.47 license or fiscal year​
5​Sec. 4.​
REVISOR BD/HL 25-03321​02/06/25 ​ Wholesale food processor of meat or poultry​
6.2 products under supervision of the U.S.​
6.3 Department of Agriculture​
6.15.​
$ 74​$ 37​$112​
6.4 (a) Having gross sales or service of less than​
6.5 $125,000 for the immediately previous​
6.6 license or fiscal year​
$141​$ 71​$214​
6.7 (b) Having $125,001 to $250,000 gross sales​
6.8 or service for the immediately previous​
6.9 license or fiscal year​
$220​$110​$333​
6.10 (c) Having $250,001 to $1,000,000 gross​
6.11 sales or service for the immediately previous​
6.12 license or fiscal year​
$281​$140​$425​
6.13 (d) Having $1,000,001 to $5,000,000 gross​
6.14 sales or service for the immediately previous​
6.15 license or fiscal year​
$344​$172​$521​
6.16 (e) Having $5,000,001 to $10,000,000 gross​
6.17 sales or service for the immediately previous​
6.18 license or fiscal year​
$505​$252​$765​
6.19 (f) Having $10,000,001 to $15,000,000​
6.20 gross sales or service for the immediately​
6.21 previous license or fiscal year​
$589​$295​$893​
6.22 (g) Having $15,000,001 to $20,000,000​
6.23 gross sales or service for the immediately​
6.24 previous license or fiscal year​
$678​$339​$1,027​
6.25 (h) Having $20,000,001 to $25,000,000​
6.26 gross sales or service for the immediately​
6.27 previous license or fiscal year​
$766​$383​$1,161​
6.28 (i) Having $25,000,001 to $50,000,000​
6.29 gross sales or service for the immediately​
6.30 previous license or fiscal year​
$855​$427​$1,295​
6.31 (j) Having $50,000,001 to $100,000,000​
6.32 gross sales or service for the immediately​
6.33 previous license or fiscal year​
$942​$471​$1,428​
6.34 (k) Having $100,000,001 or more gross​
6.35 sales or service for the immediately previous​
6.36 license or fiscal year​
$ 50​$ 40​$125​
Wholesale food processor or manufacturer​
6.38 operating only at the State Fair​
6.376.​
$ 15​$ 10​$ 30​
Wholesale food manufacturer having the​
6.40 permission of the commissioner to use the​
6.41 name Minnesota Farmstead cheese​
6.397.​
$ 15​$ 10​$ 30​
Wholesale food manufacturer processing​
6.43 less than 700,000 pounds per year of raw​
6.44 milk​
6.428.​
6​Sec. 4.​
REVISOR BD/HL 25-03321​02/06/25 ​ $ 25​$ 15​$ 50​
A milk marketing organization without​
7.2 facilities for processing or manufacturing​
7.19.​
7.3 that purchases milk from milk producers for​
7.4 delivery to a licensed wholesale food​
7.5 processor or manufacturer​
$ 50​$ 15​$ 50​Microenterprise home kitchen operation​7.610.​
7.7 Sec. 5. Minnesota Statutes 2024, section 31.04, is amended to read:​
7.8 31.04 INSPECTION AUTHORITY.​
7.9 Subdivision 1.Allowable actions.For purposes of enforcement of the Minnesota Food​
7.10Law, the commissioner, or any of the commissioner's authorized agents, is authorized upon​
7.11presenting appropriate credentials to the owner, operator or agent in charge:​
7.12 (1) to enter at reasonable times any factory, warehouse, or establishment, or premises​
7.13of a residence of a microenterprise home kitchen operation in which food is manufactured,​
7.14processed, packed or held for introduction into commerce or after such introduction or to​
7.15enter any vehicle being used to transport or hold such food in commerce;​
7.16 (2) to inspect at reasonable times and within reasonable limits and in a reasonable manner​
7.17such factory, warehouse, establishment, premises of a residence of a microenterprise home​
7.18kitchen operation, or vehicle and all pertinent equipment, finished and unfinished materials,​
7.19containers and labeling therein; and to obtain samples necessary to the enforcement of the​
7.20Minnesota Food Law; and​
7.21 (3) to have access to and to copy all records of carriers in commerce showing the​
7.22movement in commerce of any food or the holding thereof during or after such movement,​
7.23and the quantity, shipper and consignee thereof; provided, that evidence obtained under this​
7.24clause shall not be used in a criminal prosecution of the person from whom obtained; and​
7.25provided, further, that carriers shall not be subject to the other provisions of the Minnesota​
7.26Food Law by reason of their receipt, carriage, holding, or delivery of food in the usual​
7.27course of business as carriers.​
7.28 Subd. 2.Written report.Upon completion of any such inspection of a factory,​
7.29warehouse, microenterprise home kitchen operation, or other establishment and prior to​
7.30leaving the premises, the authorized agent making the inspection shall give to the owner,​
7.31operator or agent in charge a report in writing setting forth any conditions or practices​
7.32observed which in the agent's judgment indicate that any food in such establishment:​
7.33 (1) consists in whole or in part of any filthy, putrid, or decomposed substance, or​
7​Sec. 5.​
REVISOR BD/HL 25-03321​02/06/25 ​ 8.1 (2) has been prepared, packed or held under insanitary conditions whereby it may have​
8.2become contaminated with filth or whereby it may have been rendered injurious to health.​
8.3 A copy of such report shall be sent promptly to the commissioner.​
8.4 Subd. 3.Receipt for samples.An authorized agent making any such inspection of a​
8.5factory, warehouse or other establishment under this section and who has obtained any​
8.6sample in the course of the inspection, upon completion of the inspection and prior to leaving​
8.7the premises, shall give to the owner, operator, or agent in charge a receipt describing the​
8.8samples obtained.​
8.9 Subd. 4.Copy of analysis result.When in the course of any such inspection of a factory​
8.10or other establishment where food is manufactured, processed or packed, under this section,​
8.11the officer or employee making the inspection obtains a sample of any such food and an​
8.12analysis is made of such sample for the purpose of ascertaining whether such food consists​
8.13in whole or in part of any filthy, putrid or decomposed substance or is otherwise unfit for​
8.14food, a copy of the result of such analysis shall be furnished promptly to the owner, operator​
8.15or agent in charge.​
8.16 Sec. 6. [31C.01] DEFINITIONS.​
8.17 For purposes of this chapter, the following terms have the meanings given:​
8.18 (1) "commissioner" means the commissioner of agriculture;​
8.19 (2) "juice" means the aqueous liquid expressed or extracted from one or more fruits or​
8.20vegetables, purees of the edible portions of one or more fruits or vegetables, or any​
8.21concentrates of the liquid or puree;​
8.22 (3) "microenterprise home kitchen operation" means a person who makes and sells​
8.23prepared food exclusively at a residence in Minnesota with a license under this chapter. A​
8.24microenterprise home kitchen operation is not a food establishment for purposes of Minnesota​
8.25Rules, chapter 4626;​
8.26 (4) "prepared food" means food for human consumption that is produced and packaged​
8.27at the residence of a microenterprise home kitchen operation. Prepared food does not include​
8.28alcoholic beverages, low-acid canned food, or food containing cannabis. Prepared food​
8.29includes:​
8.30 (i) homemade food produced by cooking, baking, drying, mixing, cutting, fermenting,​
8.31preserving, dehydrating, growing, raising, or other processes, including time/temperature​
8.32control for safety food; and​
8​Sec. 6.​
REVISOR BD/HL 25-03321​02/06/25 ​ 9.1 (ii) food made with meat and poultry from approved inspection sources; and​
9.2 (5) "time/temperature control for safety food" or "TCS food" has the meaning given in​
9.3Minnesota Rules, part 4626.0020, subpart 90a.​
9.4 Sec. 7. [31C.02] MICROENTERPRISE HOME KITCHEN OPERATION ACCOUNT.​
9.5 A microenterprise home kitchen operation account is created in the agricultural fund.​
9.6Fees paid under section 28A.08, subdivision 3, must be deposited in the microenterprise​
9.7home kitchen operation account. Money in the account, including interest accrued, is​
9.8appropriated to the commissioner for the cost of the microenterprise home kitchen operation​
9.9program.​
9.10 Sec. 8. [31C.03] TRAINING.​
9.11 To qualify for a license under chapter 28A, an individual who will handle food in a​
9.12microenterprise home kitchen operation must first complete a course in safe food handling​
9.13that is approved by the commissioner. The training must not exceed eight hours and must​
9.14be completed every three years. The commissioner must approve online options for​
9.15food-handling training, including ServSafe. Before receiving a microenterprise home kitchen​
9.16operation license, an applicant must provide documentation that each individual who will​
9.17handle food in the microenterprise home kitchen operation has completed the required​
9.18training.​
9.19 Sec. 9. [31C.04] REQUIREMENTS FOR LICENSEES.​
9.20 (a) A microenterprise home kitchen operation licensee must comply with this section.​
9.21 (b) The sale and delivery of prepared food must only be as permitted by the license.​
9.22Non-TCS food may be delivered in person, by mail or commercial delivery, or through an​
9.23agent or third party, including a third-party vendor. TCS food may be delivered only in​
9.24person.​
9.25 (c) At the point of sale of the prepared food, the individual selling the food must display​
9.26a sign stating: "This food is homemade and produced according to modified requirements​
9.27under state law" or must label the food with this statement in a legible format. If a third-party​
9.28vendor is selling prepared food, the vendor must display the food in an area that is separate​
9.29from food that is not homemade.​
9​Sec. 9.​
REVISOR BD/HL 25-03321​02/06/25 ​ 10.1 (d) A licensee must control the safety of TCS food by refrigeration only. A licensee​
10.2must not engage in hot holding, reheating, cooking for immediate service, or custom​
10.3processing of TCS food.​
10.4 (e) A licensee must ensure that prepared TCS food is marked with an expiration date​
10.5that is appropriate for the prepared food.​
10.6 Sec. 10. [31C.05] EXEMPTIONS.​
10.7 A microenterprise home kitchen operation licensee is exempt from sections 31.31 and​
10.831.392.​
10.9 Sec. 11. [31C.06] LOCAL ORDINANCE.​
10.10 This chapter does not preempt the application of any business-licensing requirement or​
10.11zoning ordinance of a political subdivision. A political subdivision may not restrict the sale​
10.12of food sold under this chapter in a manner more stringent than state law.​
10.13Sec. 12. [31C.07] STANDARDS FOR MICROENTERPRISE HOME KITCHEN​
10.14OPERATIONS.​
10.15 Subdivision 1.Health and hygiene.(a) A food handler must be free from contagious​
10.16or communicable diseases, sores, or infected wounds and must keep the food handler's hair​
10.17restrained.​
10.18 (b) A food handler must keep themselves and the food handler's clothing clean. A food​
10.19handler must wash the food handler's hands as frequently as necessary to maintain good​
10.20sanitation and to prevent cross-contaminating food.​
10.21 (c) A food handler must minimize bare hand contact with prepared food.​
10.22 (d) Smoking is not permitted while handling or preparing food or in food preparation​
10.23areas or storage areas while preparing food.​
10.24 Subd. 2.Residence conditions.(a) Prepared food must be prepared and packaged at a​
10.25residence in Minnesota.​
10.26 (b) A residence where food is prepared must be equipped with at least one easily​
10.27accessible hand-washing sink plumbed with hot and cold potable water and supplied with​
10.28hand soap.​
10.29 (c) Food-contact surfaces must be easy to clean, nonabsorbent, and in good condition.​
10​Sec. 12.​
REVISOR BD/HL 25-03321​02/06/25 ​ 11.1 (d) Food-contact surfaces must be sanitized after cleaning and before use with a sanitizer​
11.2labeled for use on food preparation surfaces.​
11.3 (e) A residence where food is prepared or stored must be protected from pest infestation​
11.4and other sources of contamination. Outside windows and doors must be fitted with screens​
11.5or kept closed to prevent sources of contamination.​
11.6 (f) A residence where food is prepared or stored must have floors, walls, and ceilings​
11.7that are clean and easy to clean and maintain. A residence where food is stored must be​
11.8maintained in a sanitary condition. A vehicle used to transport food must be maintained in​
11.9a sanitary condition.​
11.10 (g) Garbage and refuse must be kept in containers and removed from the premises of a​
11.11residence regularly to eliminate insects and rodents, offensive odors, or health or fire hazards.​
11.12Garbage and refuse containers must be easy to clean, insect- and rodent-resistant, and​
11.13constructed from material that does not leak or absorb liquid.​
11.14 (h) Food storage and preparation areas must meet applicable structural, plumbing, HVAC,​
11.15and electrical residential code standards.​
11.16 Subd. 3.Equipment.(a) A residence where food is prepared or stored must have​
11.17mechanical refrigeration with sufficient capacity to the temperature at or below 41 degrees​
11.18Fahrenheit.​
11.19 (b) Equipment, utensils, and containers used to prepare food must be washed with soap​
11.20and water or sanitizer approved for cleaning food-contact surfaces and must be kept clean.​
11.21 Subd. 4.Food.(a) Food ingredients must be obtained from licensed establishments,​
11.22except for products from a farm or garden, including fresh fruits and vegetables, honey, and​
11.23eggs. Using food in hermetically sealed containers not prepared in a licensed food-processing​
11.24plant is prohibited.​
11.25 (b) Food must be in sound condition; free from spoilage, filth, or other contamination;​
11.26and safe for human consumption. Food products must not be stored on the floor.​
11.27 (c) Prepared TCS food must be maintained at or below 41 degrees Fahrenheit under​
11.28mechanical refrigeration.​
11.29 (d) TCS food must be cooled to 41 degrees Fahrenheit or less within four hours.​
11.30 (e) Dogs, cats, or other pets are not permitted in spaces or rooms while food is exposed​
11.31or prepared.​
11​Sec. 12.​
REVISOR BD/HL 25-03321​02/06/25 ​ 12.1 (f) Food ingredients must be stored in original containers. If removed from the original​
12.2container, food and ingredients must be stored in labeled and closed containers of a material​
12.3that will not cause the food to become adulterated.​
12.4 Subd. 5.Consumer information.(a) Food sold under this chapter must be labeled with​
12.5the microenterprise home kitchen operation's name and contact information, common name​
12.6of the food, the date on which the food was prepared, ingredients, contained allergens in​
12.7common name consistent with requirements under federal law, and the statement "This food​
12.8was homemade and produced according to modified requirements under state law."​
12.9 (b) Juice that is prepared by a microenterprise home kitchen operation and that is not​
12.10pasteurized must be refrigerated at or below 41 degrees Fahrenheit or frozen and must be​
12.11labeled with the following: "WARNING: This product has not been pasteurized and,​
12.12therefore, may contain harmful bacteria that can cause serious illness in children, the elderly,​
12.13and persons with weakened immune systems."​
12.14 Subd. 6.Water source and wastewater disposal.(a) Unless determined unnecessary​
12.15by the commissioner according to section 31.175, a residence where food is prepared or​
12.16stored must have an adequate supply of hot and cold potable water from an approved source​
12.17and approved wastewater disposal, such as a public water system. If the residence is not​
12.18served by a public water system, the water must be tested annually for nitrites and coliform.​
12.19Records of water tests must be maintained by license holders who are not served by a public​
12.20system. The records must be available to the commissioner upon request.​
12.21 (b) A residence where food is prepared or stored must have proper toilet fixtures and a​
12.22hand-washing sink, complete with hot and cold potable water and hand soap. A supply of​
12.23sanitary towels or a hand-drying device providing heated air must be located near the​
12.24hand-washing sink.​
12.25 Subd. 7.Self-inspection.The licensee must implement a system of self-inspection to​
12.26ensure compliance with this section.​
12.27Sec. 13. Minnesota Statutes 2024, section 34A.01, subdivision 1, is amended to read:​
12.28 Subdivision 1.Applicability.The definitions in this section and chapters 28, 28A, 29,​
12.2930, 31, 31A, 31C, 32D, and 34 apply to this chapter. The definitions in this section apply​
12.30to chapter 32D.​
12​Sec. 13.​
REVISOR BD/HL 25-03321​02/06/25 ​ 13.1 Sec. 14. Minnesota Statutes 2024, section 34A.04, subdivision 1, is amended to read:​
13.2 Subdivision 1.Enforcement required.(a) The commissioner shall enforce this chapter​
13.3and chapters 28, 28A, 29, 30, 31, 31A, 31C, 32D, and 34. To carry out the enforcement​
13.4duties under these chapters, the commissioner may, upon presenting appropriate credentials,​
13.5during regular working hours and at other reasonable times, inspect premises subject to the​
13.6commissioner's enforcement and licensing authority; require information from persons with​
13.7information relevant to an inspection; and inspect and copy relevant papers and records,​
13.8including business records.​
13.9 (b) The commissioner may administer oaths, take and cause to be taken depositions of​
13.10witnesses, and issue subpoenas, and may petition the district court in the county in which​
13.11the premises is located to compel compliance with subpoenas or to permit an inspection.​
13.12 (c) Violations of chapters 28, 28A, 29, 30, 31, 31A, 31C, 32D, and 34, or rules adopted​
13.13under chapters 28, 28A, 29, 30, 31, 31A, 32D, and 34, are a violation of this chapter.​
13.14 (d) Upon the request of the commissioner, county attorneys, sheriffs, and other officers​
13.15having authority in the enforcement of the general criminal laws shall take action to the​
13.16extent of their authority necessary or proper for the enforcement of this chapter or standards,​
13.17stipulations, and agreements of the commissioner.​
13​Sec. 14.​
REVISOR BD/HL 25-03321​02/06/25 ​