1.1                          A bill for an act 
  1.2             relating to agriculture; providing for uniformity of 
  1.3             certain Minnesota food rules with certain federal 
  1.4             standards; amending Minnesota Statutes 2000, sections 
  1.5             31.101, as amended; 31.102, subdivision 1; 31.103, 
  1.6             subdivision 1; 31.104. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 31.101, as 
  1.9   amended by Laws 2001, First Special Session chapter 2, section 
  1.10  53, is amended to read: 
  1.11     31.101 [RULES; HEARINGS; UNIFORMITY WITH FEDERAL LAW.] 
  1.12     Subdivision 1.  [AUTHORITY.] The commissioner may 
  1.13  promulgate and amend rules for the efficient administration and 
  1.14  enforcement of the Minnesota Food Law.  The rules when 
  1.15  applicable must conform, insofar as practicable and consistent 
  1.16  with state law, with those promulgated under the federal law.  
  1.17  This rulemaking authority is in addition to that in sections 
  1.18  31.10, 31.11, and 31.12.  Rules adopted under this section may 
  1.19  be amended by the commissioner under chapter 14, subject to the 
  1.20  limitation in subdivision 7.  
  1.21     Subd. 2.  [HEARINGS.] Hearings authorized or required by 
  1.22  law must be conducted by the commissioner or an officer, agent, 
  1.23  or employee the commissioner designates for the purpose.  
  1.24     Subd. 3.  [PESTICIDE CHEMICAL RULES.] Federal pesticide 
  1.25  chemical regulations in effect on April 1, 2000 2001, adopted 
  1.26  under authority of the Federal Insecticide, Fungicide and 
  2.1   Rodenticide Act, as provided by United States Code, title 7, 
  2.2   chapter 6, are the pesticide chemical rules in this state.  
  2.3      Subd. 4.  [FOOD ADDITIVE RULES.] Federal food additive 
  2.4   regulations in effect on April 1, 2000 2001, as provided by Code 
  2.5   of Federal Regulations, title 21, parts 170 to 199, are the food 
  2.6   additive rules in this state.  
  2.7      Subd. 5.  [COLOR ADDITIVE RULES.] Federal color additive 
  2.8   regulations in effect on April 1, 2000 2001, as provided by Code 
  2.9   of Federal Regulations, title 21, parts 70 to 82, are the color 
  2.10  additive rules in this state.  
  2.11     Subd. 6.  [SPECIAL DIETARY USE RULES.] Federal special 
  2.12  dietary use regulations in effect on April 1, 2000 2001, as 
  2.13  provided by Code of Federal Regulations, title 21, parts 104 and 
  2.14  105, are the special dietary use rules in this state.  
  2.15     Subd. 7.  [FAIR PACKAGING AND LABELING RULES.] Federal 
  2.16  regulations in effect on April 1, 2000 2001, adopted under the 
  2.17  Fair Packaging and Labeling Act, as provided by United States 
  2.18  Code, title 15, sections 1451 to 1461, are the rules in this 
  2.19  state.  The commissioner may not adopt amendments to these rules 
  2.20  or adopt other rules which are contrary to the labeling 
  2.21  requirements for the net quantity of contents required pursuant 
  2.22  to section 4 of the Fair Packaging and Labeling Act and the 
  2.23  regulations adopted under that act.  
  2.24     Subd. 8.  [FOOD AND DRUGS RULES.] Applicable federal 
  2.25  regulations including recodification contained in Code of 
  2.26  Federal Regulations, title 21, parts 0-1299, Food and Drugs, in 
  2.27  effect April 1, 2000 2001, and not otherwise adopted herein, 
  2.28  also are adopted as food rules of this state.  
  2.29     Subd. 9.  [FISHERY PRODUCTS RULES.] Federal regulations in 
  2.30  effect on April 1, 2000 2001, as provided by Code of Federal 
  2.31  Regulations, title 50, parts 260 to 267, are incorporated as 
  2.32  part of the fishery products rules in this state for state 
  2.33  inspections performed under a cooperative agreement with the 
  2.34  United States Department of Commerce, National Marine Fisheries 
  2.35  Service.  
  2.36     Subd. 10.  [MEAT AND POULTRY RULES.] Federal regulations in 
  3.1   effect on April 1, 2000 2001, as provided by Code of Federal 
  3.2   Regulations, title 9, part 301, et seq., are incorporated as 
  3.3   part of the meat and poultry rules in this state. 
  3.4      Subd. 11.  [STANDARDS FOR FRESH FRUITS, VEGETABLES, AND 
  3.5   OTHER PRODUCTS.] Federal regulations in effect on April 1, 
  3.6   2000 2001, as provided by Code of Federal Regulations, title 7, 
  3.7   parts 51 and 52, are incorporated as part of the rules in this 
  3.8   state.  
  3.9      Subd. 12.  [DAIRY GRADE RULES; MANUFACTURING PLANT 
  3.10  STANDARDS.] Federal grading and inspection standards for 
  3.11  manufacturing dairy plants and products and amendments thereto 
  3.12  in effect on January April 1, 2001, as provided by Code of 
  3.13  Federal Regulations, title 7, part 58, subparts B-W, are adopted 
  3.14  as the dairy grade rules and manufacturing plant standards in 
  3.15  this state. 
  3.16     Sec. 2.  Minnesota Statutes 2000, section 31.102, 
  3.17  subdivision 1, is amended to read: 
  3.18     Subdivision 1.  [IDENTITY, QUANTITY, AND FILL OF CONTAINER 
  3.19  RULES.] Federal definitions and standards of identity, quality, 
  3.20  and fill of container in effect on April 1, 2000 2001, adopted 
  3.21  under authority of the federal act, are the definitions and 
  3.22  standards of identity, quality, and fill of container in this 
  3.23  state.  The rules may be amended by the commissioner under 
  3.24  chapter 14.  
  3.25     Sec. 3.  Minnesota Statutes 2000, section 31.103, 
  3.26  subdivision 1, is amended to read: 
  3.27     Subdivision 1.  [CONSUMER COMMODITIES LABELING RULES.] All 
  3.28  labels of consumer commodities must conform with the 
  3.29  requirements for the declaration of net quantity of contents of 
  3.30  section 4 of the Fair Packaging and Labeling Act (United States 
  3.31  Code, title 15, section 1451 et seq.) and federal regulations in 
  3.32  effect on April 1, 2000 2001, adopted under authority of that 
  3.33  act, except to the extent that the commissioner amends the rules 
  3.34  under chapter 14.  Consumer commodities exempted from the 
  3.35  requirements of section 4 of the Fair Packaging and Labeling Act 
  3.36  are also exempt from this subdivision.  
  4.1      Sec. 4.  Minnesota Statutes 2000, section 31.104, is 
  4.2   amended to read: 
  4.3      31.104 [FOOD LABELING EXEMPTION RULES.] 
  4.4      The commissioner shall promulgate rules exempting from any 
  4.5   labeling requirement food which is, in accordance with the 
  4.6   practice of the trade, to be processed, labeled, or repacked in 
  4.7   substantial quantities at establishments other than those where 
  4.8   originally processed or packed, on condition that such food is 
  4.9   not adulterated or misbranded upon removal from such processing, 
  4.10  labeling, or repacking establishment.  
  4.11     Federal regulations in effect on April 1, 2000 2001, 
  4.12  adopted under authority of the federal act relating to such 
  4.13  exemptions are effective in this state unless the commissioner 
  4.14  amends them.  The commissioner also may amend existing rules 
  4.15  concerning exemptions under chapter 14.