Bill Text: MN HF2178 | 2013-2014 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Farmers' market definition provided, and food product sampling and demonstration permitted.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2014-04-22 - Author added Clark [HF2178 Detail]
Download: Minnesota-2013-HF2178-Introduced.html
Bill Title: Farmers' market definition provided, and food product sampling and demonstration permitted.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2014-04-22 - Author added Clark [HF2178 Detail]
Download: Minnesota-2013-HF2178-Introduced.html
1.2relating to food safety; providing a definition of farmers' market; permitting
1.3food product sampling and demonstration in certain circumstances;amending
1.4Minnesota Statutes 2012, sections 28A.03, by adding subdivisions; 28A.15, by
1.5adding a subdivision; 157.15, subdivision 13; proposing coding for new law
1.6in Minnesota Statutes, chapter 28A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 28A.03, is amended by adding a
1.9subdivision to read:
1.10 Subd. 11. Farmers' market. "Farmers' market" means an association of three or
1.11more persons who assemble at a defined public location for the purpose of selling directly
1.12to the consumer the products of a farm or garden occupied and cultivated by the person
1.13selling the product.
1.14 Sec. 2. Minnesota Statutes 2012, section 28A.03, is amended by adding a subdivision
1.15to read:
1.16 Subd. 12. Food product sampling. "Food product sampling" means distributing
1.17to individuals at a farmers' market, for promotional or educational purposes, small
1.18portions of a food item that include as a main ingredient a product sold by the vendor at
1.19the farmers' market.
1.20 Sec. 3. Minnesota Statutes 2012, section 28A.03, is amended by adding a subdivision
1.21to read:
2.1 Subd. 13. Food demonstration. "Food demonstration" means cooking or
2.2preparing food products to distribute to individuals at a farmers' market for promotional
2.3or educational purposes.
2.4 Sec. 4. [28A.031] LOCAL GOVERNMENT FARMERS' MARKET;
2.5DEFINITION.
2.6The definition of farmers' market in section 28A.03, subdivision 11, does not
2.7prohibit a local government from establishing a definition of farmers' market for farmers'
2.8markets operating within the local government's jurisdiction by ordinance or regulation
2.9that is more restrictive than the definition in section 28A.03, subdivision 11.
2.10 Sec. 5. Minnesota Statutes 2012, section 28A.15, is amended by adding a subdivision
2.11to read:
2.12 Subd. 2a. Farmers' market food sampling and demonstration. (a) Persons
2.13engaged in food product sampling or food product demonstration if:
2.14(1) the main food product or food item is a product or item of the person's farm or
2.15garden, which is occupied and cultivated by the person;
2.16(2) the person is licensed under section 28A.05;
2.17(3) the person is exempt from licensing under subdivision 2, 9, or 10; or
2.18(4) the person is providing nutrition education at a farmers' market or community
2.19event.
2.20(c) Any person engaged in food product sampling or food demonstration must
2.21meet the same food safety and equipment standards as required by Minnesota Rules,
2.22part 4626.1855.
2.23(d) Food provided through food product sampling or food demonstration must
2.24be provided at no cost to the individual.
2.25 Sec. 6. Minnesota Statutes 2012, section 157.15, subdivision 13, is amended to read:
2.26 Subd. 13. Seasonal temporary food stand. (a) "Seasonal temporary food
2.27stand" means a food and beverage service establishment that is a food stand which is
2.28disassembled and moved from location to location, but which operates for no more than
2.2921 days annually at any one location, except as provided in paragraph (b).
2.30(b) A seasonal temporary food stand may operate for more than 21 days annually at
2.31any one place with the approval of the regulatory authority, as defined in Minnesota Rules,
2.32part 4626.0020, subpart 70, that has jurisdiction over the seasonal temporary food stand.
1.3food product sampling and demonstration in certain circumstances;amending
1.4Minnesota Statutes 2012, sections 28A.03, by adding subdivisions; 28A.15, by
1.5adding a subdivision; 157.15, subdivision 13; proposing coding for new law
1.6in Minnesota Statutes, chapter 28A.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 28A.03, is amended by adding a
1.9subdivision to read:
1.10 Subd. 11. Farmers' market. "Farmers' market" means an association of three or
1.11more persons who assemble at a defined public location for the purpose of selling directly
1.12to the consumer the products of a farm or garden occupied and cultivated by the person
1.13selling the product.
1.14 Sec. 2. Minnesota Statutes 2012, section 28A.03, is amended by adding a subdivision
1.15to read:
1.16 Subd. 12. Food product sampling. "Food product sampling" means distributing
1.17to individuals at a farmers' market, for promotional or educational purposes, small
1.18portions of a food item that include as a main ingredient a product sold by the vendor at
1.19the farmers' market.
1.20 Sec. 3. Minnesota Statutes 2012, section 28A.03, is amended by adding a subdivision
1.21to read:
2.1 Subd. 13. Food demonstration. "Food demonstration" means cooking or
2.2preparing food products to distribute to individuals at a farmers' market for promotional
2.3or educational purposes.
2.4 Sec. 4. [28A.031] LOCAL GOVERNMENT FARMERS' MARKET;
2.5DEFINITION.
2.6The definition of farmers' market in section 28A.03, subdivision 11, does not
2.7prohibit a local government from establishing a definition of farmers' market for farmers'
2.8markets operating within the local government's jurisdiction by ordinance or regulation
2.9that is more restrictive than the definition in section 28A.03, subdivision 11.
2.10 Sec. 5. Minnesota Statutes 2012, section 28A.15, is amended by adding a subdivision
2.11to read:
2.12 Subd. 2a. Farmers' market food sampling and demonstration. (a) Persons
2.13engaged in food product sampling or food product demonstration if:
2.14(1) the main food product or food item is a product or item of the person's farm or
2.15garden, which is occupied and cultivated by the person;
2.16(2) the person is licensed under section 28A.05;
2.17(3) the person is exempt from licensing under subdivision 2, 9, or 10; or
2.18(4) the person is providing nutrition education at a farmers' market or community
2.19event.
2.20(c) Any person engaged in food product sampling or food demonstration must
2.21meet the same food safety and equipment standards as required by Minnesota Rules,
2.22part 4626.1855.
2.23(d) Food provided through food product sampling or food demonstration must
2.24be provided at no cost to the individual.
2.25 Sec. 6. Minnesota Statutes 2012, section 157.15, subdivision 13, is amended to read:
2.26 Subd. 13. Seasonal temporary food stand. (a) "Seasonal temporary food
2.27stand" means a food and beverage service establishment that is a food stand which is
2.28disassembled and moved from location to location, but which operates for no more than
2.2921 days annually at any one location, except as provided in paragraph (b).
2.30(b) A seasonal temporary food stand may operate for more than 21 days annually at
2.31any one place with the approval of the regulatory authority, as defined in Minnesota Rules,
2.32part 4626.0020, subpart 70, that has jurisdiction over the seasonal temporary food stand.
