Bill Text: MN HF1511 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Direct farm-to-consumer sales and delivery permitted.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2012-01-30 - Author added Downey [HF1511 Detail]
Download: Minnesota-2011-HF1511-Introduced.html
1.2relating to agriculture; permitting certain sales of certain food products by
1.3farmers;amending Minnesota Statutes 2010, section 32.393, subdivision 1.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 32.393, subdivision 1, is amended to read:
1.6 Subdivision 1. Pasteurization. (a) No milk, fluid milk products, goat milk, or
1.7sheep milk shall be sold, advertised, offered or exposed for sale or held in possession
1.8for sale for the purpose of human consumption in fluid form in this state unless the
1.9same has been pasteurized and cooled, as defined in section32.391 ; provided, that this
1.10section shall not apply to milk, cream, skim milk, goat milk, or sheep milk occasionally
1.11secured or purchased for personal use by any consumer at the place or farm where the
1.12milk is produced.
1.13(b) When a purchase, sale, agreement to secure, or advertisement is made directly
1.14between a person who occupies and cultivates the products of the farm where the
1.15product is produced and a willing buyer, the fluid raw milk products intended for human
1.16consumption, including milk, cream, skim milk, goat milk, or sheep milk, and raw milk
1.17products such as cream, butter, cottage cheese, ice cream, yogurt, and aged or not aged raw
1.18milk cheese or other food products produced on the farm, are exempt from pasteurization
1.19and are not prohibited from production, sale, or delivery directly to consumers.
1.20(c) For purposes of this subdivision, "direct farm-to-consumer sales and delivery"
1.21means production and sales at the farm and sales to, and delivery at, farmer's markets,
1.22farm stands, private buying clubs, consumer share groups, community fairs, a
1.23consumer's residence, or a designated delivery location for multiple consumers. Direct
1.24farm-to-consumer sales and deliveries of products are considered private contracts
2.1between a consenting farmer and consumer. Direct farm-to-consumer sales and delivery
2.2of raw milk or raw milk products listed in paragraph (b) made off the farm premises and
2.3intended for human consumption must be made by and between the seller farmer or by
2.4an agent of the seller farmer under the seller farmer's direct authority and the buyer or
2.5buyer's agent under the buyer's direct authority. A buyer may also contract with a seller
2.6to provide delivery location necessities to facilitate delivery of products or space for the
2.7farmer's product needs.
2.8(d) Before milk or fluid milk products, goat milk, or sheep milk sold or secured on
2.9the farm, leave the farm, a consumer product safety label must be affixed to the product
2.10container that includes the following:
2.11(1) the name of the farmer or producer;
2.12(2) the container contents and product ingredients;
2.13(3) a statement that: "This product is "raw" and "unpasteurized""; and
2.14(4) a statement that: "Pasteurization is not required in Minnesota for raw milk, raw
2.15milk products, or other products intended for human consumption, that are cultivated or
2.16produced on the farm and sold or secured on the farm, or that leave the farm under direct
2.17farm-to-consumer sales and delivery contracts."
1.3farmers;amending Minnesota Statutes 2010, section 32.393, subdivision 1.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 32.393, subdivision 1, is amended to read:
1.6 Subdivision 1. Pasteurization. (a) No milk, fluid milk products, goat milk, or
1.7sheep milk shall be sold, advertised, offered or exposed for sale or held in possession
1.8for sale for the purpose of human consumption in fluid form in this state unless the
1.9same has been pasteurized and cooled, as defined in section
1.10
1.11
1.12
1.13(b) When a purchase, sale, agreement to secure, or advertisement is made directly
1.14between a person who occupies and cultivates the products of the farm where the
1.15product is produced and a willing buyer, the fluid raw milk products intended for human
1.16consumption, including milk, cream, skim milk, goat milk, or sheep milk, and raw milk
1.17products such as cream, butter, cottage cheese, ice cream, yogurt, and aged or not aged raw
1.18milk cheese or other food products produced on the farm, are exempt from pasteurization
1.19and are not prohibited from production, sale, or delivery directly to consumers.
1.20(c) For purposes of this subdivision, "direct farm-to-consumer sales and delivery"
1.21means production and sales at the farm and sales to, and delivery at, farmer's markets,
1.22farm stands, private buying clubs, consumer share groups, community fairs, a
1.23consumer's residence, or a designated delivery location for multiple consumers. Direct
1.24farm-to-consumer sales and deliveries of products are considered private contracts
2.1between a consenting farmer and consumer. Direct farm-to-consumer sales and delivery
2.2of raw milk or raw milk products listed in paragraph (b) made off the farm premises and
2.3intended for human consumption must be made by and between the seller farmer or by
2.4an agent of the seller farmer under the seller farmer's direct authority and the buyer or
2.5buyer's agent under the buyer's direct authority. A buyer may also contract with a seller
2.6to provide delivery location necessities to facilitate delivery of products or space for the
2.7farmer's product needs.
2.8(d) Before milk or fluid milk products, goat milk, or sheep milk sold or secured on
2.9the farm, leave the farm, a consumer product safety label must be affixed to the product
2.10container that includes the following:
2.11(1) the name of the farmer or producer;
2.12(2) the container contents and product ingredients;
2.13(3) a statement that: "This product is "raw" and "unpasteurized""; and
2.14(4) a statement that: "Pasteurization is not required in Minnesota for raw milk, raw
2.15milk products, or other products intended for human consumption, that are cultivated or
2.16produced on the farm and sold or secured on the farm, or that leave the farm under direct
2.17farm-to-consumer sales and delivery contracts."
