Bill Text: MN SF477 | 2011-2012 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Food, beverage, and lodging establishment statutory governance exemptions modifications
Sponsorship: Partisan Bill (Republican 12)
Status: (Passed) 2011-05-27 - Governor approval [SF477 Detail]
Download: Minnesota-2011-SF477-Introduced.html
Bill Title: Food, beverage, and lodging establishment statutory governance exemptions modifications
Sponsorship: Partisan Bill (Republican 12)
Status: (Passed) 2011-05-27 - Governor approval [SF477 Detail]
Download: Minnesota-2011-SF477-Introduced.html
1.2relating to health; modifying an exemption to the food, beverage, and lodging
1.3establishments statutes;amending Minnesota Statutes 2010, section 157.22.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 157.22, is amended to read:
1.6157.22 EXEMPTIONS.
1.7This chapter does not apply to:
1.8(1) interstate carriers under the supervision of the United States Department of
1.9Health and Human Services;
1.10(2) any building constructed and primarily used for religious worship, or any
1.11property owned or leased by a church;
1.12(3) any building owned, operated, and used by a college or university in accordance
1.13with health regulations promulgated by the college or university under chapter 14;
1.14(4) any person, firm, or corporation whose principal mode of business is licensed
1.15under sections28A.04 and
28A.05 , is exempt at that premises from licensure as a food
1.16or beverage establishment; provided that the holding of any license pursuant to sections
1.1728A.04
and
28A.05 shall not exempt any person, firm, or corporation from the applicable
1.18provisions of this chapter or the rules of the state commissioner of health relating to
1.19food and beverage service establishments;
1.20(5) family day care homes and group family day care homes governed by sections
1.21245A.01
to
245A.16 ;
1.22(6) nonprofit senior citizen centers for the sale of home-baked goods;
1.23(7) fraternal, sportsman or patriotic organizations that are tax exempt under section
1.24501(c)(3), 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal
2.1Revenue Code of 1986, or organizations related to or affiliated with such fraternal,
2.2sportsman or patriotic organizations. Such organizations may organize events at which
2.3home-prepared food is donated by organization members for sale at the events, provided:
2.4(i) the event is not a circus, carnival, or fair;
2.5(ii) the organization controls the admission of persons to the event, the event agenda,
2.6or both; and
2.7(iii) the organization's licensed kitchen is not used in any manner for the event;
2.8(8) food not prepared at an establishment and brought in by individuals attending a
2.9potluck event for consumption at the potluck event. An organization sponsoring a potluck
2.10event under this clause may advertise the potluck event to the public through any means.
2.11Individuals who are not members of an organization sponsoring a potluck event under this
2.12clause may attend the potluck event and consume the food at the event. Licensed food
2.13establishments other than schools cannot be sponsors of potluck events. A school may
2.14sponsor and hold potluck events in areas of the school other than the school's kitchen,
2.15provided that the school's kitchen is not used in any manner for the potluck event. For
2.16purposes of this clause, "school" means a public school as defined in section120A.05,
2.17subdivisions 9, 11, 13, and 17 , or a nonpublic school, church, or religious organization
2.18at which a child is provided with instruction in compliance with sections120A.22 and
2.19120A.24
. Potluck event food shall not be brought into a licensed food establishment
2.20kitchen;
2.21(9) a home school in which a child is provided instruction at home;
2.22(10)concession stands operated in conjunction with school-sponsored events on
2.23school property are exempt from the 21-day restriction school concession stands as
2.24defined in section 157.15; and
2.25(11) group residential facilities of ten or fewer beds licensed by the commissioner of
2.26human services under Minnesota Rules, chapter 2960, provided the facility employs or
2.27contracts with a certified food manager under Minnesota Rules, part 4626.2015.
1.3establishments statutes;amending Minnesota Statutes 2010, section 157.22.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 157.22, is amended to read:
1.6157.22 EXEMPTIONS.
1.7This chapter does not apply to:
1.8(1) interstate carriers under the supervision of the United States Department of
1.9Health and Human Services;
1.10(2) any building constructed and primarily used for religious worship, or any
1.11property owned or leased by a church;
1.12(3) any building owned, operated, and used by a college or university in accordance
1.13with health regulations promulgated by the college or university under chapter 14;
1.14(4) any person, firm, or corporation whose principal mode of business is licensed
1.15under sections
1.16or beverage establishment; provided that the holding of any license pursuant to sections
1.18provisions of this chapter or the rules of the state commissioner of health relating to
1.19food and beverage service establishments;
1.20(5) family day care homes and group family day care homes governed by sections
1.22(6) nonprofit senior citizen centers for the sale of home-baked goods;
1.23(7) fraternal, sportsman or patriotic organizations that are tax exempt under section
1.24501(c)(3), 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal
2.1Revenue Code of 1986, or organizations related to or affiliated with such fraternal,
2.2sportsman or patriotic organizations
2.3
2.4
2.5
2.6
2.7
2.8(8) food not prepared at an establishment and brought in by individuals attending a
2.9potluck event for consumption at the potluck event. An organization sponsoring a potluck
2.10event under this clause may advertise the potluck event to the public through any means.
2.11Individuals who are not members of an organization sponsoring a potluck event under this
2.12clause may attend the potluck event and consume the food at the event. Licensed food
2.13establishments other than schools cannot be sponsors of potluck events. A school may
2.14sponsor and hold potluck events in areas of the school other than the school's kitchen,
2.15provided that the school's kitchen is not used in any manner for the potluck event. For
2.16purposes of this clause, "school" means a public school as defined in section
2.17subdivisions 9, 11, 13, and 17
2.18at which a child is provided with instruction in compliance with sections
2.20kitchen;
2.21(9) a home school in which a child is provided instruction at home;
2.22(10)
2.23
2.24defined in section 157.15; and
2.25(11) group residential facilities of ten or fewer beds licensed by the commissioner of
2.26human services under Minnesota Rules, chapter 2960, provided the facility employs or
2.27contracts with a certified food manager under Minnesota Rules, part 4626.2015.
