Subdivision 1. Definitions. (a) For purposes of this section, the following terms have the meanings given them.
(b) "Farmers' market" means an association of three or more persons who assemble at a defined location that is open to the public for the purpose of selling directly to the consumer the products of a farm or garden occupied and cultivated by the person selling the product.
(c) "Food product sampling" means distributing to individuals at a farmers' market or community event, for promotional or educational purposes, small portions of a food item that include as a main ingredient a product sold by the vendor at the farmers' market or community event. For purposes of this subdivision, "small portion" means a portion that is no more than three ounces of food or beverage.
(d) "Food product demonstration" means cooking or preparing food products to distribute to individuals at a farmers' market or community event for promotional or educational purposes.
Subd. 2. Food sampling and demonstration. The licensing provisions of sections 28A.01 to 28A.16 shall not apply to persons engaged in food product sampling or food product demonstrations.
Subd. 3. Food required to be provided at no cost. Food provided through food product sampling or food product demonstrations must be provided at no cost to the individual.
Subd. 4. Regulatory authority oversight. Any person conducting food product sampling or food product demonstrations shall provide to the regulatory authority upon request the following information related to the food product sampling or food product demonstration conducted by the person:
(1) the source of the food used in the sampling or demonstration and whether or not the food was produced at the person's farm or garden;
(2) the type and volume of food to be served, held, prepared, packaged, or otherwise provided for human consumption;
(3) the equipment used to serve, hold, prepare, package, or otherwise provide food for human consumption;
(4) the time period and location of the food product sampling or food product demonstration;
(5) the availability of facilities for hand washing by persons conducting the food product sampling or food product demonstrations;
(6) information on facilities available for ware washing of multiuse utensils and equipment;
(7) the available source of water; and
(8) methods of liquid and solid waste disposal.
Subd. 5. Food safety and equipment standards. Any person conducting food product sampling or food product demonstrations shall meet the same food safety and equipment standards that are required of a special event food stand in Minnesota Rules, parts 4626.1855, items B to O, Q, and R; and 4626.0330.
Subd. 6. Definition exception. The definition of farmers' market in subdivision 1, paragraph (b), does not prohibit a farmers' market association from establishing a definition of farmers' market that applies to its membership that is more restrictive than the definition in subdivision 1, paragraph (b).
2014 c 163 s 1; 2018 c 182 art 1 s 4; 2019 c 50 art 1 s 14
Structure Minnesota Statutes
Chapters 17 - 43 — Agriculture
Chapter 28A — Licensing Food Handlers
Section 28A.01 — Citation, Minnesota Consolidated Food Licensing Law.
Section 28A.02 — Declaration Of Policy.
Section 28A.04 — License Required; Custom Processing Permit Applications; Renewals.
Section 28A.05 — Classification.
Section 28A.06 — Extent Of License.
Section 28A.065 — License Requirements For A Carnival, Circus, Or Fair.
Section 28A.07 — Issuance Of License.
Section 28A.075 — Delegation To Local Community Health Board.
Section 28A.0752 — Delegation Of Powers And Duties.
Section 28A.0753 — Enforcement Of Laws By Commissioner.
Section 28A.08 — License Fees; Penalties.
Section 28A.081 — Certificate Fees.
Section 28A.082 — Food Handler Plan Review Fees.
Section 28A.085 — Reinspection Fees.
Section 28A.09 — Inspection Fees For Vending Machines.
Section 28A.10 — Posting Of License; Rules.
Section 28A.14 — Transfer Of Business.
Section 28A.151 — Farmers' Market Or Community Event; Food Product Sampling And Demonstration.
Section 28A.152 — Cottage Foods Exemption.
Section 28A.153 — Wild Game Processor Exemption.
Section 28A.16 — Persons Selling Liquor.