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:
1Sec. 2.
REVISOR BD/HL 25-0075912/04/24
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 238
NINETY-FOURTH SESSION
Authored by Roach, Altendorf, Gordon, Dippel, Allen and others01/23/2025
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
2Sec. 3.
REVISOR BD/HL 25-0075912/04/24 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
3Sec. 4.
REVISOR BD/HL 25-0075912/04/24 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 handler4.282.
$ 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
4Sec. 4.
REVISOR BD/HL 25-0075912/04/24 $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$150Food broker5.133.
Wholesale food processor or manufacturer5.144.
$112$ 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
5Sec. 4.
REVISOR BD/HL 25-0075912/04/24 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.
6Sec. 4.
REVISOR BD/HL 25-0075912/04/24 $ 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$ 50Microenterprise home kitchen operation7.610.
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
7Sec. 5.
REVISOR BD/HL 25-0075912/04/24 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
8Sec. 6.
REVISOR BD/HL 25-0075912/04/24 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.
9Sec. 9.
REVISOR BD/HL 25-0075912/04/24 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.
10Sec. 12.
REVISOR BD/HL 25-0075912/04/24 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.
11Sec. 12.
REVISOR BD/HL 25-0075912/04/24 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.
12Sec. 13.
REVISOR BD/HL 25-0075912/04/24 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.
13Sec. 14.
REVISOR BD/HL 25-0075912/04/24