Bill Text: MN SF477 | 2011-2012 | 87th Legislature | Engrossed
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-Engrossed.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-Engrossed.html
1.2relating to health; modifying provisions for food, beverage, and lodging
1.3establishments;amending Minnesota Statutes 2010, sections 157.15, subdivision
1.412b; 157.22.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 157.15, subdivision 12b, is amended to
1.7read:
1.8 Subd. 12b. School concession stand. "School concession stand" means a food
1.9and beverage service establishment located in a school, on school grounds, or within a
1.10school-owned athletic complex, that is operated in conjunction with school-sponsored
1.11events. A school kitchen or school cafeteria is not a school concession stand.
1.12 Sec. 2. Minnesota Statutes 2010, section 157.22, is amended to read:
1.13157.22 EXEMPTIONS.
1.14This chapter does not apply to:
1.15(1) interstate carriers under the supervision of the United States Department of
1.16Health and Human Services;
1.17(2) weddings, fellowship meals, or funerals conducted by a faith-based organization
1.18using any building constructed and primarily used for religious worship or education;
1.19(3) any building owned, operated, and used by a college or university in accordance
1.20with health regulations promulgated by the college or university under chapter 14;
1.21(4) any person, firm, or corporation whose principal mode of business is licensed
1.22under sections28A.04 and
28A.05 , is exempt at that premises from licensure as a food
1.23or beverage establishment; provided that the holding of any license pursuant to sections
2.128A.04
and
28A.05 shall not exempt any person, firm, or corporation from the applicable
2.2provisions of this chapter or the rules of the state commissioner of health relating to
2.3food and beverage service establishments;
2.4(5) family day care homes and group family day care homes governed by sections
2.5245A.01
to
245A.16 ;
2.6(6) nonprofit senior citizen centers for the sale of home-baked goods;
2.7(7) fraternal, sportsman, or patriotic organizations that are tax exempt under section
2.8501(c)(3), 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal
2.9Revenue Code of 1986, or organizations related toor, affiliated with, or supported by
2.10such fraternal, sportsman, or patriotic organizations. Such organizations may organize
2.11events for events held in the building or on the grounds of the organization and at which
2.12home-prepared food is donated by organization members for sale at the events, provided:
2.13(i) the event is not a circus, carnival, or fair;
2.14(ii) the organization controls the admission of persons to the event, the event agenda,
2.15or both; and
2.16(iii) the organization's licensed kitchen is not used in any manner for the event;
2.17(8) food not prepared at an establishment and brought in by individuals attending a
2.18potluck event for consumption at the potluck event. An organization sponsoring a potluck
2.19event under this clause may advertise the potluck event to the public through any means.
2.20Individuals who are not members of an organization sponsoring a potluck event under this
2.21clause may attend the potluck event and consume the food at the event. Licensed food
2.22establishments other than schools cannot be sponsors of potluck events. A school may
2.23sponsor and hold potluck events in areas of the school other than the school's kitchen,
2.24provided that the school's kitchen is not used in any manner for the potluck event. For
2.25purposes of this clause, "school" means a public school as defined in section120A.05,
2.26subdivisions 9, 11, 13, and 17 , or a nonpublic school, church, or religious organization
2.27at which a child is provided with instruction in compliance with sections120A.22 and
2.28120A.24
. Potluck event food shall not be brought into a licensed food establishment
2.29kitchen;
2.30(9) a home school in which a child is provided instruction at home;
2.31(10) school concession standsoperated in conjunction with school-sponsored events
2.32on school property are exempt from the 21-day restriction; and serving commercially
2.33prepared, nonpotentially hazardous foods, as defined in Minnesota Rules, chapter 4626;
2.34(11) group residential facilities of ten or fewer beds licensed by the commissioner of
2.35human services under Minnesota Rules, chapter 2960, provided the facility employs or
2.36contracts with a certified food manager under Minnesota Rules, part 4626.2015;
3.1(12) food served at fund-raisers or community events conducted in the building or
3.2on the grounds of a faith-based organization, provided that a certified food manager, or a
3.3volunteer trained in a food safety course, trains the food preparation workers in safe
3.4food handling practices. This exemption does not apply to faith-based organizations at
3.5the state agricultural society or county fairs or to faith-based organizations that choose to
3.6apply for a license; and
3.7(13) food service events conducted following a disaster for purposes of feeding
3.8disaster relief staff and volunteers serving commercially prepared, nonpotentially
3.9hazardous foods, as defined in Minnesota Rules, chapter 4626.
1.3establishments;amending Minnesota Statutes 2010, sections 157.15, subdivision
1.412b; 157.22.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 157.15, subdivision 12b, is amended to
1.7read:
1.8 Subd. 12b. School concession stand. "School concession stand" means a food
1.9and beverage service establishment located in a school, on school grounds, or within a
1.10school-owned athletic complex, that is operated in conjunction with school-sponsored
1.11events. A school kitchen or school cafeteria is not a school concession stand.
1.12 Sec. 2. Minnesota Statutes 2010, section 157.22, is amended to read:
1.13157.22 EXEMPTIONS.
1.14This chapter does not apply to:
1.15(1) interstate carriers under the supervision of the United States Department of
1.16Health and Human Services;
1.17(2) weddings, fellowship meals, or funerals conducted by a faith-based organization
1.18using any building constructed and primarily used for religious worship or education;
1.19(3) any building owned, operated, and used by a college or university in accordance
1.20with health regulations promulgated by the college or university under chapter 14;
1.21(4) any person, firm, or corporation whose principal mode of business is licensed
1.22under sections
1.23or beverage establishment; provided that the holding of any license pursuant to sections
2.2provisions of this chapter or the rules of the state commissioner of health relating to
2.3food and beverage service establishments;
2.4(5) family day care homes and group family day care homes governed by sections
2.6(6) nonprofit senior citizen centers for the sale of home-baked goods;
2.7(7) fraternal, sportsman, or patriotic organizations that are tax exempt under section
2.8501(c)(3), 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal
2.9Revenue Code of 1986, or organizations related to
2.10such fraternal, sportsman, or patriotic organizations
2.11
2.12home-prepared food is donated by organization members for sale at the events, provided:
2.13(i) the event is not a circus, carnival, or fair;
2.14(ii) the organization controls the admission of persons to the event, the event agenda,
2.15or both; and
2.16(iii) the organization's licensed kitchen is not used in any manner for the event;
2.17(8) food not prepared at an establishment and brought in by individuals attending a
2.18potluck event for consumption at the potluck event. An organization sponsoring a potluck
2.19event under this clause may advertise the potluck event to the public through any means.
2.20Individuals who are not members of an organization sponsoring a potluck event under this
2.21clause may attend the potluck event and consume the food at the event. Licensed food
2.22establishments other than schools cannot be sponsors of potluck events. A school may
2.23sponsor and hold potluck events in areas of the school other than the school's kitchen,
2.24provided that the school's kitchen is not used in any manner for the potluck event. For
2.25purposes of this clause, "school" means a public school as defined in section
2.26subdivisions 9, 11, 13, and 17
2.27at which a child is provided with instruction in compliance with sections
2.29kitchen;
2.30(9) a home school in which a child is provided instruction at home;
2.31(10) school concession stands
2.32
2.33prepared, nonpotentially hazardous foods, as defined in Minnesota Rules, chapter 4626;
2.34(11) group residential facilities of ten or fewer beds licensed by the commissioner of
2.35human services under Minnesota Rules, chapter 2960, provided the facility employs or
2.36contracts with a certified food manager under Minnesota Rules, part 4626.2015;
3.1(12) food served at fund-raisers or community events conducted in the building or
3.2on the grounds of a faith-based organization, provided that a certified food manager, or a
3.3volunteer trained in a food safety course, trains the food preparation workers in safe
3.4food handling practices. This exemption does not apply to faith-based organizations at
3.5the state agricultural society or county fairs or to faith-based organizations that choose to
3.6apply for a license; and
3.7(13) food service events conducted following a disaster for purposes of feeding
3.8disaster relief staff and volunteers serving commercially prepared, nonpotentially
3.9hazardous foods, as defined in Minnesota Rules, chapter 4626.
