Subdivision 1. Authority. The commissioner may promulgate and amend rules for the efficient administration and enforcement of the Minnesota Food Law. The rules when applicable must conform, insofar as practicable and consistent with state law, with those promulgated under the federal law. This rulemaking authority is in addition to that in sections 31.10, 31.11, and 31.12. Rules adopted under this section may be amended by the commissioner under chapter 14, subject to the limitation in subdivision 7.
Subd. 2. Hearings. Hearings authorized or required by law must be conducted by the commissioner or an officer, agent, or employee the commissioner designates for the purpose.
Subd. 3. Pesticide chemical rules. Federal pesticide chemical regulations adopted under authority of the Federal Insecticide, Fungicide and Rodenticide Act, as provided by United States Code, title 7, chapter 6, are the pesticide chemical rules in this state.
Subd. 4. Food additive rules. Federal food additive regulations, as provided by Code of Federal Regulations, title 21, parts 170 to 199, are the food additive rules in this state.
Subd. 5. Color additive rules. Federal color additive regulations, as provided by Code of Federal Regulations, title 21, parts 70 to 82, are the color additive rules in this state.
Subd. 6. Special dietary use rules. Federal special dietary use regulations, as provided by Code of Federal Regulations, title 21, parts 104 and 105, are the special dietary use rules in this state.
Subd. 7. Fair packaging and labeling rules. Federal regulations adopted under the Fair Packaging and Labeling Act, as provided by United States Code, title 15, sections 1451 to 1461, are the rules in this state. The commissioner may not adopt amendments to these rules or adopt other rules which are contrary to the labeling requirements for the net quantity of contents required pursuant to section 4 of the Fair Packaging and Labeling Act and the regulations adopted under that act.
Subd. 8. Food and drugs rules. Applicable federal regulations including recodification contained in Code of Federal Regulations, title 21, parts 0-1299, Food and Drugs, not otherwise adopted herein, also are adopted as food rules of this state.
Subd. 9. Fishery products rules. Federal regulations, as provided by Code of Federal Regulations, title 50, parts 260 to 267, are incorporated as part of the fishery products rules in this state for state inspections performed under a cooperative agreement with the United States Department of Commerce, National Marine Fisheries Service.
Subd. 10. Meat and poultry rules. Federal regulations, as provided by Code of Federal Regulations, title 9, part 301, et seq., are incorporated as part of the meat and poultry rules in this state.
Subd. 11. Standards for fresh fruits, vegetables, and other products. Federal regulations, as provided by Code of Federal Regulations, title 7, parts 51 and 52, are incorporated as part of the rules in this state.
Subd. 12. Dairy grade rules; manufacturing plant standards. Federal grading and inspection standards for manufacturing dairy plants and products, as provided by Code of Federal Regulations, title 7, part 58, subparts B-W, are adopted as the dairy grade rules and manufacturing plant standards in this state.
1974 c 84 s 26; 1975 c 412 s 14; 1979 c 68 s 5; 1980 c 442 s 3; 1983 c 300 s 8-13; 1985 c 248 s 70; 1987 c 396 art 11 s 5-10; 1989 c 350 art 11 s 1; 1990 c 511 s 2; 1994 c 571 s 1; 1997 c 220 s 1; 1999 c 231 s 55; 2000 c 477 s 27; 1Sp2001 c 2 s 53; 2002 c 373 s 18; 2003 c 107 s 3-12
Structure Minnesota Statutes
Chapters 17 - 43 — Agriculture
Section 31.02 — Prohibited Acts.
Section 31.021 — Determination Of Misleading.
Section 31.032 — Penalties And Guaranty.
Section 31.04 — Inspection Authority.
Section 31.07 — Price Not Collectible.
Section 31.08 — Additional Powers And Authority; Food In Transit.
Section 31.09 — Commissioner To Render Certain Food Unsalable.
Section 31.095 — Denaturing And Labeling.
Section 31.10 — Standards, Definitions; Promulgation.
Section 31.101 — Rules; Hearings; Uniformity With Federal Law.
Section 31.102 — Definitions, Standards Of Identity; Temporary Permits.
Section 31.103 — Fair Packaging And Labeling Provisions.
Section 31.104 — Food Labeling Exemption Rules.
Section 31.121 — Food Adulteration.
Section 31.122 — Food; Tolerances For Added Poisonous Ingredients.
Section 31.123 — Food Misbranding.
Section 31.124 — False Advertising.
Section 31.13 — Analysis; Evidence.
Section 31.131 — Emergency Permit Control.
Section 31.15 — Disposal Of Receipts.
Section 31.161 — Food; Insanitary Conditions Prohibited.
Section 31.165 — Removal Of Insanitary Conditions.
Section 31.171 — Employment Of Diseased Person.
Section 31.175 — Water, Plumbing, And Sewage.
Section 31.31 — Commercial Canneries, Regulation.
Section 31.311 — Inspection Under Supervision Of Commissioner.
Section 31.32 — Reports; Information Furnished.
Section 31.36 — Rules For Canneries.
Section 31.37 — Notice Of Intention To Operate.
Section 31.38 — Certificate Of Inspection, Commercial Canneries; Labels, Brands.
Section 31.39 — Assessments; Inspection Services; Commercial Canneries Account.
Section 31.392 — Canning In Dwelling Or Basement.
Section 31.495 — Regulation Of Food Salvage Operations.
Section 31.53 — Inspections; Corrective Orders.
Section 31.59 — Humane Slaughter Of Livestock; Definitions.
Section 31.591 — Slaughter Must Be Humane.
Section 31.60 — Meat Industry Division.
Section 31.601 — Protection Of Meat.
Section 31.602 — Sale Of Unwholesome Poultry Or Game.
Section 31.621 — Sale Of Horse Meat For Human Consumption.
Section 31.631 — Horse Meat Intended For Other Than Human Consumption.
Section 31.632 — Minnesota Approved Meats And Poultry; Use Of Label.
Section 31.633 — Meat Or Poultry Substitutes; Indication On Menu; Penalties.
Section 31.651 — Kosher Products, Unlawful Sale.
Section 31.658 — Halal Products.
Section 31.661 — Marks, Stamps, Tags, Brands, Or Labels.
Section 31.74 — Sale Of Imitation Honey.
Section 31.75 — Artificial Sweetening Products.
Section 31.76 — Confections Containing Alcohol.
Section 31.77 — Sanitation And Products Standards.
Section 31.781 — Declaration Of Policy.
Section 31.783 — Rules, Scope.
Section 31.784 — Expiration Of Quality Assurance Date.
Section 31.785 — Regulations Of Other States And The Federal Government.
Section 31.786 — Local Ordinances Preempted.
Section 31.85 — Construction; Materials.
Section 31.86 — Cleaning Frequency.
Section 31.874 — Disease Control.
Section 31.875 — Local Standards.
Section 31.903 — Evidence Of Intent; Act Of Agent That Of Principal.
Section 31.925 — Uniformity With Federal Law.