1.1 	A bill for an act
1.2 	relating to agriculture; permitting certain sales of certain food products by 
1.3 	farmers;amending Minnesota Statutes 2010, section 32.393, subdivision 1.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. Minnesota Statutes 2010, section 32.393, subdivision 1, is amended to read:
1.6 		Subdivision 1.Pasteurization. (a) No milk, fluid milk products, goat milk, or 
1.7 	sheep milk shall be sold, advertised, offered or exposed for sale or held in possession 
1.8 	for sale for the purpose of human consumption in fluid form in this state unless the 
1.9 	same has been pasteurized and cooled, as defined in section 32.391; provided, that this 
1.10 	section shall not apply to milk, cream, skim milk, goat milk, or sheep milk occasionally 
1.11 	secured or purchased for personal use by any consumer at the place or farm where the 
1.12 	milk is produced.
1.13 	(b) When a purchase, sale, agreement to secure, or advertisement is made directly 
1.14 	between a person who occupies and cultivates the products of the farm where the 
1.15 	product is produced and a willing buyer, the fluid raw milk products intended for human 
1.16 	consumption, including milk, cream, skim milk, goat milk, or sheep milk, and raw milk 
1.17 	products such as cream, butter, cottage cheese, ice cream, yogurt, and aged or not aged raw 
1.18 	milk cheese or other food products produced on the farm, are exempt from pasteurization 
1.19 	and are not prohibited from production, sale, or delivery directly to consumers. 
1.20 	(c) For purposes of this subdivision, "direct farm-to-consumer sales and delivery" 
1.21 	means production and sales at the farm and sales to, and delivery at, farmer's markets, 
1.22 	farm stands, private buying clubs, consumer share groups, community fairs, a 
1.23 	consumer's residence, or a designated delivery location for multiple consumers. Direct 
1.24 	farm-to-consumer sales and deliveries of products are considered private contracts 
2.1 	between a consenting farmer and consumer. Direct farm-to-consumer sales and delivery 
2.2 	of raw milk or raw milk products listed in paragraph (b) made off the farm premises and 
2.3 	intended for human consumption must be made by and between the seller farmer or by 
2.4 	an agent of the seller farmer under the seller farmer's direct authority and the buyer or 
2.5 	buyer's agent under the buyer's direct authority. A buyer may also contract with a seller 
2.6 	to provide delivery location necessities to facilitate delivery of products or space for the 
2.7 	farmer's product needs.