1.1.................... moves to amend H.F. No. 2398 as follows:
1.2Page 3, after line 18, insert:

1.3    "Sec. 3. Minnesota Statutes 2010, section 17.982, subdivision 1, is amended to read:
1.4    Subdivision 1. Criminal penalties. A person who violates a provision of chapter
1.525, 28A, 29, 31, 31A, or 31B, or 34 for which a penalty has not been prescribed is guilty
1.6of a misdemeanor.

1.7    Sec. 4. Minnesota Statutes 2010, section 17.983, is amended to read:
1.817.983 ADMINISTRATIVE PENALTIES AND ENFORCEMENT.
1.9    Subdivision 1. Administrative penalties; citation. If a person has violated a
1.10provision of chapter 25, 28A, 29, 31, 31A, 31B, or 32, or 34, the commissioner may issue
1.11a written citation to the person by personal service or by certified mail. The citation must
1.12describe the nature of the violation and the statute or rule alleged to have been violated;
1.13state the time for correction, if applicable; and the amount of any proposed fine. The
1.14citation must advise the person to notify the commissioner in writing within 30 days if the
1.15person wishes to appeal the citation. If the person fails to appeal the citation, the citation
1.16is the final order and not subject to further review.
1.17    Subd. 3. Contested case. If a person appeals a citation or a penalty assessment
1.18within the time limits in subdivision 1, the commissioner shall initiate a contested
1.19proceeding under chapter 14. The report of the administrative law judge is the final
1.20decision of the commissioner of agriculture."
1.21Page 14, after line 31, insert:

1.22    "Sec. 32. Minnesota Statutes 2010, section 25.33, subdivision 13, is amended to read:
1.23    Subd. 13. Label. "Label" means a display of written, printed, or graphic matter
1.24upon or affixed to the container in which a commercial feed is distributed, or on the
2.1invoice or delivery slip with which a commercial feed is distributed has the meaning given
2.2in section 34A.01, subdivision 6.

2.3    Sec. 33. Minnesota Statutes 2010, section 25.33, subdivision 14, is amended to read:
2.4    Subd. 14. Labeling. "Labeling" means all labels and other written, printed,
2.5or graphic matter upon a commercial feed or any of its containers or wrapper or
2.6accompanying or supporting such commercial feed has the meaning given in section
2.734A.01, subdivision 7.

2.8    Sec. 34. Minnesota Statutes 2010, section 25.36, is amended to read:
2.925.36 MISBRANDING.
2.10A commercial feed is misbranded if: it is covered by one or more of the clauses
2.11in section 34A.03.
2.12(1) its labeling is false or misleading in any particular;
2.13(2) it is distributed under the name of another commercial feed;
2.14(3) it is not labeled as required in section 25.35;
2.15(4) it purports to be or is represented as a commercial feed or it purports to contain or
2.16is represented as containing a commercial feed ingredient unless that commercial feed or
2.17feed ingredient conforms to the definition, if any, prescribed by rule by the commissioner;
2.18(5) any word, statement, or other information required by or under authority of
2.19sections 25.31 to 25.43 to appear on the label or labeling is not prominently placed on it
2.20with such conspicuousness as compared with other words, statements, designs, or devices
2.21in the labeling, and in such terms as to render it likely to be read and understood by the
2.22ordinary individual under customary conditions of purchase and use; or
2.23(6) its labeling would deceive or mislead the purchaser with respect to its
2.24composition or suitability.

2.25    Sec. 35. Minnesota Statutes 2010, section 25.37, is amended to read:
2.2625.37 ADULTERATION.
2.27(a) A commercial feed or a material exempted from the definition of commercial
2.28feed under section 25.33, subdivision 5, is adulterated if: it is covered by one or more
2.29of the clauses in section 34A.02.
2.30(1) it bears or contains a poisonous or deleterious substance which may render it
2.31injurious to health; but in case the substance is not an added substance, the commercial
2.32feed is not considered adulterated if the quantity of the substance in the commercial feed
2.33does not ordinarily render it injurious to health;
3.1(2) it bears or contains an added poisonous, deleterious, or nonnutritive substance
3.2which is unsafe within the meaning of section 406 of the Federal Food, Drug, and
3.3Cosmetic Act, other than the one which is a pesticide chemical in or on a raw agricultural
3.4commodity, or a food additive;
3.5(3) it is unsafe or bears or contains any food additive which is unsafe within the
3.6meaning of section 409 of the Federal Food, Drug, and Cosmetic Act;
3.7(4) it is a raw agricultural commodity and it bears or contains a pesticide chemical
3.8which is unsafe within the meaning of section 408(a) of the Federal Food, Drug, and
3.9Cosmetic Act; provided, that where a pesticide chemical has been used in or on a
3.10raw agricultural commodity in conformity with an exemption granted or a tolerance
3.11prescribed under section 408 of the Federal Food, Drug, and Cosmetic Act and that raw
3.12agricultural commodity has been subjected to processing such as canning, cooking,
3.13freezing, dehydrating, or milling, the residue of the pesticide chemical remaining in or on
3.14the processed feed is not unsafe if the residue in or on the raw agricultural commodity has
3.15been removed to the extent possible in good manufacturing practice and the concentration
3.16of the residue in the processed feed is not greater than the tolerance prescribed for the raw
3.17agricultural commodity unless the feeding of the processed feed will result or is likely to
3.18result in a pesticide residue in the edible product of the animal, which is unsafe within the
3.19meaning of section 408(a) of the Federal Food, Drug, and Cosmetic Act;
3.20(5) it is, or it bears or contains any color additive which is unsafe within the meaning
3.21of section 706 of the Federal Food, Drug, and Cosmetic Act;
3.22(6) it is, or it bears or contains, any new animal drug which is unsafe within the
3.23meaning of section 512 of the Federal Food, Drug, and Cosmetic Act;
3.24(7) it consists, in whole or in part, of any filthy, putrid, or decomposed substance, or
3.25is otherwise unfit for feed;
3.26(8) it has been prepared, packed, or held under unsanitary conditions whereby it may
3.27have become contaminated with filth or may have been rendered injurious to health;
3.28(9) it is, in whole or in part, the product of a diseased animal or of an animal which
3.29has died otherwise than by slaughter which is unsafe within the meaning of section
3.30402(a)(1) or (2) of the Federal Food, Drug, and Cosmetic Act;
3.31(10) its container is composed, in whole or in part, of any poisonous or deleterious
3.32substance which may render the contents injurious to health; or
3.33(11) it has been intentionally subjected to radiation, unless the use of the radiation
3.34was in conformity with a regulation or exemption in effect under section 409 of the
3.35Federal Food, Drug, and Cosmetic Act.
3.36(b) A commercial feed is adulterated if:
4.1(1) any valuable constituent has been in whole or in part omitted or abstracted from
4.2it or any less valuable substance substituted for a constituent;
4.3(2) its composition or quality falls below or differs from that which it is purported or
4.4is represented to possess by its labeling;
4.5(3) it contains a drug and the methods used in or the facilities or controls used for
4.6its manufacture, processing, or packaging do not conform to current good manufacturing
4.7practice rules promulgated by the commissioner to assure that the drug meets the safety
4.8requirements of sections 25.31 to 25.43 and has the identity and strength and meets the
4.9quality and purity characteristics which it purports or is represented to possess. In adopting
4.10rules under this clause, the commissioner shall adopt the current good manufacturing
4.11practice rules for medicated feed premixes and for medicated feeds established under
4.12authority of the Federal Food, Drug, and Cosmetic Act, unless the commissioner
4.13determines that they are not appropriate to the conditions which exist in this state; or
4.14(4) it contains viable weed seeds in amounts exceeding limits established by the
4.15commissioner by rule.

4.16    Sec. 36. Minnesota Statutes 2010, section 28A.03, subdivision 3, is amended to read:
4.17    Subd. 3. Person. "Person" means any individual, firm, corporation, company,
4.18association, cooperative, or partnership and includes any trustee, receiver, assignee, or
4.19other similar representative thereof has the meaning given in section 34A.01, subdivision
4.2010.

4.21    Sec. 37. Minnesota Statutes 2010, section 28A.03, subdivision 5, is amended to read:
4.22    Subd. 5. Food. "Food," includes every article used for, entering into the
4.23consumption of, or used or intended for use in the preparation of food, drink, confectionery,
4.24or condiment for humans, whether simple, mixed or compound. "nonperishable food,"
4.25"frozen food," "perishable food," and "readily perishable food" have the meanings given
4.26in section 34A.01.
4.27(a) "Perishable food" is food which includes, but is not limited to fresh fruits, fresh
4.28vegetables, and other products which need protection from extremes of temperatures in
4.29order to avoid decomposition by microbial growth or otherwise.
4.30(b) "Readily perishable food" is food or a food ingredient consisting in whole or
4.31in part of milk, milk products, eggs, meat, fish, poultry or other food or food ingredient
4.32which is capable of supporting rapid and progressive growth of infectious or toxigenic
4.33microorganisms.
5.1(c) "Frozen food" is food which is processed and preserved by freezing in accordance
5.2with good commercial practices and which is intended to be sold in the frozen state.
5.3(d) For the purposes of this definition, packaged food in hermetically sealed
5.4containers processed by heat to prevent spoilage; packaged pickles; jellies, jams and
5.5condiments in sealed containers; bakery products such as bread, rolls, buns, donuts,
5.6fruit-filled pies and pastries; dehydrated packaged food; and dry or packaged food so low in
5.7moisture content as to preclude development of microorganisms are not "perishable food,"
5.8"readily perishable food," or "frozen food" within the meaning of paragraphs (a), (b), and
5.9(c), when they are stored and handled in accordance with good commercial practices.
5.10(e) "Nonperishable food" is food described in paragraph (d) with a shelf life of
5.11more than 90 days.

5.12    Sec. 38. Minnesota Statutes 2010, section 28A.03, subdivision 6, is amended to read:
5.13    Subd. 6. Sell; sale. "Sell" and "sale" include the keeping, offering, or exposing for
5.14sale, use, transporting, transferring, negotiating, soliciting, or exchange of food, the having
5.15in possession with intent to sell, use, transport, negotiate, solicit, or exchange the same
5.16and the storing, or carrying thereof in aid of traffic therein whether done or permitted in
5.17person or through others have the meanings given in section 34A.01, subdivision 12.

5.18    Sec. 39. Minnesota Statutes 2010, section 28A.21, subdivision 6, is amended to read:
5.19    Subd. 6. Expiration. Notwithstanding section 15.059, subdivision 5, this section
5.20expires June 30, 2012 2017.

5.21    Sec. 40. Minnesota Statutes 2010, section 31.01, subdivision 2, is amended to read:
5.22    Subd. 2. Person. "Person" means any individual, firm, partnership, copartnership,
5.23society, association, company, or corporation and includes any trustee, receiver, assignee
5.24or other similar representative thereof has the meaning given in section 34A.01,
5.25subdivision 10.

5.26    Sec. 41. Minnesota Statutes 2010, section 31.01, subdivision 3, is amended to read:
5.27    Subd. 3. Food. "Food" means articles used for food or drink for humans or other
5.28animals, chewing gum, and articles used for components of any such article has the
5.29meaning given in section 34A.01, subdivision 4.

5.30    Sec. 42. Minnesota Statutes 2010, section 31.01, subdivision 4, is amended to read:
6.1    Subd. 4. Sell and sale. "Sell" and "sale" shall be considered to include the
6.2manufacture, production, processing, packing, exposure, offer, possession, and holding of
6.3any such article for sale; and the sale, dispensing, and giving of any such article, and the
6.4supplying or applying of any such article in the conduct of any food operation have the
6.5meanings given in section 34A.01, subdivision 12.

6.6    Sec. 43. Minnesota Statutes 2010, section 31.01, subdivision 21, is amended to read:
6.7    Subd. 21. Label. "Label" means a display of written, printed, or graphic matter
6.8upon the immediate container of any article, and includes a like display, if required by law
6.9or rule, on the outside container or wrapper, if any there be, of the retail package of such
6.10article has the meaning given in section 34A.01, subdivision 6.

6.11    Sec. 44. Minnesota Statutes 2010, section 31.01, subdivision 25, is amended to read:
6.12    Subd. 25. Labeling. "Labeling" means all labels and other written, printed, or
6.13graphic matter upon an article or any of its containers or wrappers, or accompanying such
6.14article has the meaning given in section 34A.01, subdivision 7.

6.15    Sec. 45. Minnesota Statutes 2010, section 31.01, subdivision 28, is amended to read:
6.16    Subd. 28. Pesticide chemical. "Pesticide chemical" means any substance which,
6.17alone, in chemical combination, or in formulation with one or more other substances is an
6.18"economic poison" within the meaning of chapter 24, or the Federal Insecticide, Fungicide
6.19and Rodenticide Act (United States Code, title 7, sections 135-135k), as amended, and
6.20which is used in the production, storage, or transportation of raw agricultural commodities
6.21has the meaning given in section 18B.01, subdivision 18.

6.22    Sec. 46. Minnesota Statutes 2010, section 31.121, is amended to read:
6.2331.121 FOOD ADULTERATION.
6.24A food shall be deemed to be adulterated: if it is covered by one or more of the
6.25clauses in section 34A.02.
6.26(a) If it bears or contains any poisonous or deleterious substance which may render it
6.27injurious to health; but in case the substance is not an added substance such food shall
6.28not be considered adulterated under this clause if the quantity of such substance in such
6.29food does not ordinarily render it injurious to health; or
6.30(b) If it bears or contains any added poisonous or added deleterious substance, other
6.31than one which is a pesticide chemical in or on a raw agricultural commodity; a food
6.32additive; or a color additive, which is unsafe within the meaning of section 31.122; or
7.1(c) If it is a raw agricultural commodity and it bears or contains a pesticide chemical
7.2which is unsafe within the meaning of section 31.122; or
7.3(d) If it is or it bears or contains any food additive which is unsafe within the
7.4meaning of section 31.122; provided that where a pesticide chemical has been used in or
7.5on a raw agricultural commodity in conformity with an exemption granted or tolerance
7.6prescribed under section 31.122, and such raw agricultural commodity has been subjected
7.7to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of
7.8such pesticide chemical remaining in or on such processed food shall, notwithstanding
7.9the provisions of section 31.122 and this clause, not be deemed unsafe if such residue in
7.10or on the raw agricultural commodity has been removed to the extent possible in good
7.11manufacturing practice, and the concentration of such residue in the processed food
7.12when ready to eat is not greater than the tolerance prescribed for the raw agricultural
7.13commodity; or
7.14(e) If it consists in whole or in part of a diseased, contaminated, filthy, putrid, or
7.15decomposed substance, or if it is otherwise unfit for food; or
7.16(f) If it has been produced, prepared, packed, or held under insanitary conditions
7.17whereby it may have become contaminated with filth, or whereby it may have been
7.18rendered diseased, unwholesome, or injurious to health; or
7.19(g) If it is in whole or in part the product of a diseased animal or of an animal which
7.20has died otherwise than by slaughter, or of an animal that has been fed upon the uncooked
7.21offal from a slaughterhouse; or
7.22(h) If its container is composed in whole or in part of any poisonous or deleterious
7.23substance which may render the contents injurious to health; or
7.24(i) If it has been intentionally subjected to radiation, unless the use of the radiation
7.25was in conformity with a rule or exemption in effect pursuant to section 31.122 or section
7.26409 of the federal act; or
7.27(j) If any valuable constituent has been in whole or in part omitted or abstracted
7.28therefrom; or
7.29(k) If any substance has been substituted wholly or in part therefor; or
7.30(l) If damage or inferiority has been concealed in any manner; or
7.31(m) If any substance has been added thereto or mixed or packed therewith so as
7.32to increase its bulk or weight, or reduce its quality or strength or make it appear better
7.33or of greater value than it is; or
7.34(n) If it is confectionery, and (1) has partially or completely imbedded therein any
7.35nonnutritive object; provided, that this clause shall not apply in the case of any nonnutritive
7.36object if in the judgment of the commissioner, as provided by rules, such object is of
8.1practical functional value to the confectionery product and would not render the product
8.2injurious or hazardous to health; or (2) bears or contains any nonnutritive substance;
8.3provided, that this clause shall not apply to (i) a confection containing alcohol as defined
8.4in section 31.76, or (ii) a safe nonnutritive substance which is in or on confectionery by
8.5reason of its use for some practical functional purpose in the manufacture, packaging, or
8.6storing of such confectionery if the use of the substance does not promote deception of the
8.7consumer or otherwise result in adulteration or misbranding in violation of any provision
8.8of the Minnesota Food Law; and provided further, that the commissioner may, for the
8.9purpose of avoiding or resolving uncertainty as to the application of this clause, issue rules
8.10allowing or prohibiting the use of particular nonnutritive substances; or
8.11(o) If it is or bears or contains any color additive which is unsafe within the meaning
8.12of section 31.122; or
8.13(p) If it is oleomargarine or margarine or butter and any of the raw material used
8.14therein consisted in whole or in part of any filthy, putrid, or decomposed substance, or
8.15such oleomargarine or margarine or butter is otherwise unfit for food.

8.16    Sec. 47. Minnesota Statutes 2010, section 31.123, is amended to read:
8.1731.123 FOOD MISBRANDING.
8.18A food shall be deemed to be is misbranded: if it is covered by one or more of the
8.19clauses in section 34A.03, paragraph (a).
8.20(a) If its labeling is false or misleading in any particular, or if its labeling, whether on
8.21the commodity itself, its container or its package, fails to conform with the requirements
8.22of Laws 1974, chapter 84;
8.23(b) If it is offered for sale under the name of another food;
8.24(c) If it is an imitation of another food for which a definition and standard of identity
8.25have been prescribed by rules as provided by sections 31.10 and 31.102; or if it is an
8.26imitation of another food that is not subject to clause (g), unless in either case its label
8.27bears in type of uniform size and prominence the word "imitation" and immediately
8.28thereafter the name of the food imitated;
8.29(d) If its container is so made, formed, or filled as to be misleading;
8.30(e) If in package form, unless it bears a label containing (1) the name and place of
8.31business of the manufacturer, packer, or distributor, and (2) an accurate statement of
8.32the net quantity of the contents in terms of weight, measure, or numerical count, which
8.33statement shall be separately and accurately stated in a uniform location upon the principal
8.34display panel of the label; provided, that under this subclause reasonable variations shall
9.1be permitted, and exemptions as to small packages shall be established by rules prescribed
9.2by the commissioner;
9.3(f) If any word, statement, or other information required by or under authority of
9.4the Minnesota Food Law to appear on the label or labeling is not prominently placed
9.5thereon with such conspicuousness (as compared with other words, statements, designs, or
9.6devices, in the labeling) and in such terms as to render it likely to be read and understood
9.7by the ordinary individual under customary conditions of purchase and use;
9.8(g) If it purports to be or is represented as a food for which a definition and standard
9.9of identity have been prescribed by rules as provided by sections 31.10 and 31.102,
9.10unless (1) it conforms to such definition and standard, and (2) its label bears the name
9.11of the food specified in the definition and standard, and, insofar as may be required by
9.12such rules, the common names of optional ingredients (other than spices, flavoring, and
9.13coloring) present in such food;
9.14(h) If it purports to be or is represented as (1) a food for which a standard of quality
9.15has been prescribed by rules as provided by sections 31.10 and 31.102, and its quality falls
9.16below such standard unless its label bears, in such manner and form as such rules specify,
9.17a statement that it falls below such standard, or (2) a food for which a standard or standards
9.18of fill of container have been prescribed by rule as provided by sections 31.10 and 31.102,
9.19and it falls below the standard of fill of container applicable thereto unless its label bears, in
9.20such manner and form as such rules specify, a statement that it falls below such standard;
9.21(i) If it is not subject to the provisions of clause (g), unless it bears labeling clearly
9.22giving (1) the common or usual name of the food, if any there be, and (2) in case it
9.23is fabricated from two or more ingredients, the common or usual name of each such
9.24ingredient; except that spices, flavorings, and colorings, other than those sold as such,
9.25may be designated as spices, flavorings, and colorings, without naming each; provided,
9.26that to the extent that compliance with the requirements of this subclause is impractical
9.27or results in deception or unfair competition, exemptions shall be established by rules
9.28promulgated by the commissioner;
9.29(j) If it purports to be or is represented for special dietary uses, unless its label
9.30bears such information concerning its vitamin, mineral, and other dietary properties as
9.31the commissioner determines to be, and by rules prescribes as, necessary in order to fully
9.32inform purchasers as to its value for such uses;
9.33(k) If it bears or contains any artificial flavoring, artificial coloring, or chemical
9.34preservative, unless it bears labeling stating that fact; provided, that to the extent that
9.35compliance with the requirements of this clause is impracticable, exemptions shall be
9.36established by rules promulgated by the commissioner. The provisions of this clause and
10.1clauses (g) and (i) with respect to artificial coloring do not apply to butter, cheese or ice
10.2cream. The provisions with respect to chemical preservatives do not apply to a pesticide
10.3chemical when used in or on a raw agricultural commodity which is the product of the soil;
10.4(l) If it is a raw agricultural commodity which is the product of the soil, bearing or
10.5containing a pesticide chemical applied after harvest, unless the shipping container of such
10.6commodity bears labeling which declares the presence of such chemical in or on such
10.7commodity and the common or usual name and the function of such chemical; provided,
10.8however, that no such declaration shall be required while such commodity, having been
10.9removed from the shipping container, is being held or displayed for sale at retail out of
10.10such container in accordance with the custom of the trade;
10.11(m) If it is a product intended as an ingredient of another food and when used
10.12according to the directions of the purveyor will result in the final food product being
10.13adulterated or misbranded;
10.14(n) If it is a color additive unless its packaging and labeling are in conformity with
10.15such packaging and labeling requirements applicable to such color additive prescribed
10.16under the provisions of the federal act."
10.17Page 17, after line 8, insert:

10.18    "Sec. 50. Minnesota Statutes 2010, section 31A.02, subdivision 13, is amended to read:
10.19    Subd. 13. Adulterated. "Adulterated" means a carcass, part of a carcass, meat,
10.20poultry, poultry food product, or meat food product under one or more of the following
10.21circumstances: an item is covered by one or more of the clauses in section 34A.02,
10.22subdivision 1.
10.23(a) if it bears or contains a poisonous or harmful substance which may render
10.24it injurious to health; but if the substance is not an added substance, the article is not
10.25adulterated if the quantity of the substance in or on the article does not ordinarily make it
10.26injurious to health;
10.27(b) if it bears or contains, by administration of a substance to the live animal or
10.28otherwise, an added poisonous or harmful substance, other than (1) a pesticide chemical in
10.29or on a raw agricultural commodity; (2) a food additive; or (3) a color additive, which
10.30may, in the judgment of the commissioner, make the article unfit for human food;
10.31(c) if it is, in whole or in part, a raw agricultural commodity that bears or contains a
10.32pesticide chemical which is unsafe within the meaning of section 408 of the Federal
10.33Food, Drug, and Cosmetic Act;
10.34(d) if it bears or contains a food additive which is unsafe within the meaning of
10.35section 409 of the Federal Food, Drug, and Cosmetic Act;
11.1(e) if it bears or contains a color additive which is unsafe within the meaning of
11.2section 706 of the Federal Food, Drug, and Cosmetic Act;
11.3(f) if it contains a filthy, putrid, or decomposed substance or is for any other reason
11.4unfit for human food;
11.5(g) if it has been prepared, packed, or held under unsanitary conditions so that it may
11.6be contaminated with filth or harmful to health;
11.7(h) if it is wholly or partly the product of an animal which has died otherwise than
11.8by slaughter;
11.9(i) if its container is wholly or partly composed of a poisonous or harmful substance
11.10which may make the contents harmful to health;
11.11(j) if it has been intentionally subjected to radiation, unless the use of the radiation
11.12conformed with a regulation or exemption in effect under section 409 of the Federal
11.13Food, Drug, and Cosmetic Act;
11.14(k) if a valuable constituent has been wholly or partly omitted or removed from it;
11.15if a substance has been wholly or partly substituted for it; if damage or inferiority has
11.16been concealed; or if a substance has been added to it or mixed or packed with it so as
11.17to increase its bulk or weight, reduce its quality or strength, or make it appear better
11.18or of greater value than it is; or
11.19(l) if it is margarine containing animal fat and any of the raw material used in it
11.20wholly or partly consisted of a filthy, putrid, or decomposed substance.

11.21    Sec. 51. Minnesota Statutes 2010, section 31A.02, subdivision 14, is amended to read:
11.22    Subd. 14. Misbranded. "Misbranded" means a carcass, part of a carcass, meat,
11.23poultry, poultry food product, or meat food product under one or more of the following
11.24circumstances: an item is covered by one or more of the clauses in section 34A.03,
11.25paragraph (a).
11.26(a) if its labeling is false or misleading;
11.27(b) if it is offered for sale under the name of another food;
11.28(c) if it is an imitation of another food, unless its label bears, in type of uniform
11.29size and prominence, the word "imitation" followed immediately by the name of the
11.30food imitated;
11.31(d) if its container is made, formed, or filled so as to be misleading;
11.32(e) if its package or other container does not have a label showing (1) the name and
11.33place of business of the manufacturer, packer, or distributor; and (2) an accurate statement
11.34of the quantity of the contents in terms of weight, measure, or numerical count subject
12.1to reasonable variations permitted and exemptions for small packages established in
12.2rules of the commissioner;
12.3(f) if a word, statement, or other information required by or under authority of this
12.4chapter to appear on the label or other labeling is not prominently and conspicuously
12.5placed on the label or labeling in terms that make it likely to be read and understood by the
12.6ordinary individual under customary conditions of purchase and use;
12.7(g) if it is represented as a food for which a definition and standard of identity or
12.8composition has been prescribed by rules of the commissioner under section 31A.07,
12.9unless (1) it conforms to the definition and standard, and (2) its label bears the name of the
12.10food specified in the definition and standard and, if required by the rules, the common
12.11names of optional ingredients, other than spices, flavoring, and coloring, present in the
12.12food;
12.13(h) if it is represented as a food for which a standard of fill of container has been
12.14prescribed by rules of the commissioner under section 31A.07, and it falls below the
12.15applicable standard of fill of container, unless its label bears, in the manner and form the
12.16rules specify, a statement that it falls below the standard;
12.17(i) if it is not subject to paragraph (g), unless its label bears (1) the usual name of
12.18the food, if there is one, and (2) in case it is fabricated from two or more ingredients,
12.19the common or usual name of each ingredient; except that spices, flavorings, and
12.20colorings may, when authorized by the commissioner, be designated as spices, flavorings,
12.21and colorings without naming each. To the extent that compliance with clause (2) is
12.22impracticable, or results in deception or unfair competition, the commissioner shall
12.23establish exemptions by rule;
12.24(j) if it purports to be or is represented for special dietary uses, unless its label bears
12.25the information concerning its vitamin, mineral, and other dietary properties that the
12.26commissioner, after consultation with the Secretary of Agriculture of the United States,
12.27determines by rule to be necessary to inform purchasers of its value for special dietary uses;
12.28(k) if it bears or contains any artificial flavoring, artificial coloring, or chemical
12.29preservative, unless it bears labeling stating that fact;
12.30(l) if it fails to bear, directly or on its container, as the commissioner by rule
12.31prescribes, the inspection legend and other information the commissioner may require by
12.32rule to assure that it will not have false or misleading labeling and that the public will be
12.33told how to keep the article wholesome.

12.34    Sec. 52. Minnesota Statutes 2010, section 31A.02, subdivision 15, is amended to read:
13.1    Subd. 15. Label. "Label" means a display of written, printed, or graphic matter on
13.2an article's immediate container, not including package liners has the meaning given
13.3in section 34A.01, subdivision 6.

13.4    Sec. 53. Minnesota Statutes 2010, section 31A.02, subdivision 16, is amended to read:
13.5    Subd. 16. Labeling. "Labeling" means labels and other written, printed, or graphic
13.6matter (1) on an article or its containers or wrappers, or (2) accompanying an article has
13.7the meaning given in section 34A.01, subdivision 7.

13.8    Sec. 54. Minnesota Statutes 2010, section 31A.23, is amended to read:
13.931A.23 DETENTION OF ANIMALS OR PRODUCTS.
13.10This section applies to a carcass, part of a carcass, meat, or meat food product of an
13.11animal, a product exempted from the definition of a meat food product, or a dead, dying,
13.12disabled, or diseased animal. If an authorized representative of the commissioner finds
13.13such an article or animal on premises where it is held for purposes of, during, or after
13.14distribution in intrastate commerce, and there is reason to believe that it is adulterated or
13.15misbranded and is usable as human food, or that it has not been inspected, in violation of
13.16sections 31A.01 to 31A.16, the Federal Meat Inspection Act, or the Federal Food, Drug,
13.17and Cosmetic Act, or that the article or animal has been or is intended to be distributed in
13.18violation of a provision of those laws, it may be detained by the representative for up to
13.1920 days pending action under section 31A.24 34A.11, subdivision 2, or notification of
13.20federal authorities having jurisdiction over the article or animal. It must not be moved
13.21by a person, firm, or corporation from the place at which it is located when detained,
13.22until released by the representative. The representative may require all official marks to
13.23be removed from the article or animal before it is released unless the commissioner is
13.24satisfied that the article or animal is eligible to retain the official marks.

13.25    Sec. 55. Minnesota Statutes 2010, section 32.01, subdivision 11, is amended to read:
13.26    Subd. 11. Adulterated. "Adulterated" has the meaning given it in section 31.01,
13.27subdivision 19 , and acts amendatory thereof means an item is covered by one or more of
13.28the clauses in section 34A.02, subdivision 1.

13.29    Sec. 56. Minnesota Statutes 2010, section 32.01, subdivision 12, is amended to read:
13.30    Subd. 12. Misbranded. "Misbranded" or "misbranding" has the meaning given in
13.31section 31.01, subdivision 5, and acts amendatory thereof means an item is covered by one
13.32or more of the clauses in section 34A.03, paragraph (a). "
14.1Page 20, after line 23, insert:

14.2    "Sec. 62. [34A.01] DEFINITIONS.
14.3    Subdivision 1. Applicability. The definitions in this section and chapters 28, 28A,
14.429, 30, 31, 31A, 32, and 34 apply to this chapter.
14.5    Subd. 2. Commissioner. "Commissioner" means the commissioner of agriculture.
14.6    Subd. 3. Federal act. "Federal act" means the federal Food, Drug, and Cosmetic
14.7Act, as amended, United States Code, title 21, sections 301 et seq.
14.8    Subd. 4. Food. "Food" means every ingredient used for, entering into the
14.9consumption of, or used or intended for use in the preparation of food, drink, confectionery,
14.10or condiment for humans or other animals, whether simple, mixed, or compound; and
14.11articles used as components of these ingredients.
14.12    Subd. 5. Frozen food. "Frozen food" is food that is processed and preserved by
14.13freezing and which is intended to be sold in the frozen state.
14.14    Subd. 6. Label. "Label" means a display of written, printed, or graphic matter
14.15upon or affixed to:
14.16(1) the container of any food, and includes a like display, if required by law or rule,
14.17on the outside container or wrapper, if there is one, of the retail package of the food,
14.18not including package liners; or
14.19(2) the invoice or delivery slip with which commercial feed is distributed.
14.20    Subd. 7. Labeling. "Labeling" means labels and other written, printed, or graphic
14.21matter:
14.22(1) on food or its containers or wrappers;
14.23(2) accompanying or supporting food; or
14.24(3) a placard in, on, or adjacent to the food.
14.25    Subd. 8. Nonperishable food. "Nonperishable food" is food with a shelf life of
14.26more than 90 days and that is not perishable food, readily perishable food, or frozen food.
14.27    Subd. 9. Perishable food. "Perishable food" means food including, but not limited
14.28to, fresh fruits, fresh vegetables, and other products that need protection from extremes of
14.29temperatures in order to avoid decomposition by microbial growth or otherwise.
14.30    Subd. 10. Person. "Person" means any individual, firm, partnership, cooperative,
14.31society, joint stock association, association, company, or corporation and includes any
14.32officer, employee, agent, trustee, receiver, assignee, or other similar business entity or
14.33representative of one of those entities.
14.34    Subd. 11. Readily perishable food. "Readily perishable food" is food or a food
14.35ingredient consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry,
14.36or other food or food ingredient that is capable of supporting growth of infectious or
15.1toxigenic microorganisms. Readily perishable food requires time and temperature control
15.2to limit pathogenic microorganism growth or toxin formation.
15.3    Subd. 12. Sell; sale. "Sell" and "sale" mean keeping, offering, or exposing for sale,
15.4use, transporting, transferring, negotiating, soliciting, or exchanging food; having in
15.5possession with intent to sell, use, transport, negotiate, solicit, or exchange food; storing,
15.6manufacturing, producing, processing, packing, and holding of food for sale; dispensing or
15.7giving food; or supplying or applying food in the conduct of any food operation or carrying
15.8food in aid of traffic in food whether done or permitted in person or through others.

15.9    Sec. 63. [34A.012] EXCLUSIONS.
15.10The following items are not perishable food, readily perishable food, or frozen food:
15.11(1) packaged pickles;
15.12(2) jellies, jams, and condiments in sealed containers;
15.13(3) bakery products such as bread, rolls, buns, donuts, fruit-filled pies, and pastries;
15.14(4) dehydrated packaged food;
15.15(5) dry or packaged food with a water activity that precludes development of
15.16microorganisms; and
15.17(6) food in unopened hermetically sealed containers that is commercially processed
15.18to achieve and maintain commercial sterility under conditions of nonrefrigerated storage
15.19and distribution.

15.20    Sec. 64. [34A.02] ADULTERATION.
15.21    Subdivision 1. Adulterated food. Food is adulterated if:
15.22(1) it bears or contains any poisonous or deleterious substance which may render it
15.23injurious to human or animal health; but if the substance is not an added substance, the
15.24item is not adulterated under this clause if the quantity of the substance in the item does
15.25not ordinarily render it injurious to human or animal health;
15.26(2) it bears or contains any added poisonous, deleterious, or nonnutritive substance,
15.27other than one which is a pesticide in or on a raw agricultural commodity; a food additive;
15.28or a color additive, that is unsafe within the meaning of section 31.122 or section 406
15.29of the federal act;
15.30(3) it bears or contains, by administration of a substance to the live animal or
15.31otherwise, an added poisonous or harmful substance, other than a pesticide in or on a raw
15.32agricultural commodity, a food additive, or a color additive, that may, in the judgment of
15.33the commissioner, make the article unfit for human food;
16.1(4) it is unsafe or bears or contains any food additive that is unsafe within the
16.2meaning of section 31.122 or section 409 of the federal act;
16.3(5) it is or bears or contains any color additive that is unsafe within the meaning of
16.4section 31.122 or section 706 of the federal act;
16.5(6) it is a raw agricultural commodity and it bears or contains a pesticide that is
16.6unsafe within the meaning of section 31.122 or section 408 of the federal act;
16.7(7) it consists in whole or in part of a diseased, contaminated, filthy, putrid, or
16.8decomposed substance, or if it is otherwise unfit for food;
16.9(8) it has been produced, prepared, packed, or held under unsanitary conditions
16.10whereby it may have become contaminated with filth, or whereby it may have been
16.11rendered diseased, unwholesome, or injurious to human or animal health;
16.12(9) it is in whole or in part the product of a diseased animal or of an animal which
16.13has died otherwise than by slaughter that is unsafe within the meaning of section 402(a)(1)
16.14or (2) of the federal act, or of an animal that has been fed upon the uncooked offal from a
16.15slaughterhouse;
16.16(10) its container is wholly or partly composed of any poisonous or deleterious
16.17substance that may render the contents injurious to human or animal health;
16.18(11) it has been intentionally subjected to radiation, unless the use of the radiation
16.19was in conformity with a rule, regulation, or exemption in effect pursuant to section
16.2031.122 or section 409 of the federal act;
16.21(12) any valuable constituent has been in whole or in part omitted or abstracted
16.22therefrom; if any substance has been substituted wholly or in part therefor; or if damage
16.23or inferiority has been concealed in any manner. In the case of commercial feed, the
16.24substituted constituent must be of lesser value in order to be adulterated;
16.25(13) any substance has been added to it or mixed or packed with it so as to increase
16.26its bulk or weight, reduce its quality or strength, or make it appear better or of greater
16.27value than it is;
16.28(14) its composition or quality falls below or differs from that which it is purported
16.29or is represented to possess by its labeling; or
16.30(15) it is confectionery and:
16.31(i) has partially or completely imbedded therein any nonnutritive object; provided,
16.32that this clause does not apply in the case of any nonnutritive object if in the judgment
16.33of the commissioner, as provided by rules, the object is of practical functional value to
16.34the confectionery product and would not render the product injurious or hazardous to
16.35human or animal health; or
17.1(ii) bears or contains any nonnutritive substance; provided that this item does not
17.2apply to a confection containing alcohol as defined in section 31.76, or a safe nonnutritive
17.3substance which is in or on confectionery by reason of its use for some practical functional
17.4purpose in the manufacture, packaging, or storing of the confectionery if the use of the
17.5substance does not promote deception of the consumer or otherwise result in adulteration
17.6or misbranding in violation of this chapter, and provided further that the commissioner
17.7may, for the purpose of avoiding or resolving uncertainty as to the application of this
17.8clause, issue rules allowing or prohibiting the use of particular nonnutritive substances.
17.9    Subd. 2. Commercial feed or material. For only commercial feed or material
17.10exempted from the definition of commercial feed under section 25.33, subdivision 5,
17.11an item is adulterated if:
17.12(1) it contains viable weed seeds in amounts exceeding limits established by the
17.13commissioner by rule or in sections 21.71 to 21.78;
17.14(2) it is, bears, or contains any new animal drug which is unsafe within the meaning
17.15of section 512 of the federal act; or
17.16(3) it contains a drug and the methods used in or the facilities or controls used for its
17.17manufacture, processing, or packaging do not conform to the current good manufacturing
17.18practice rules promulgated by the commissioner to ensure that the drug meets the safety
17.19requirements of sections 25.31 to 25.43 and has the identity and strength and meets the
17.20quality and purity characteristics that it purports or is represented to possess. In adopting
17.21rules under this clause, the commissioner shall adopt the current good manufacturing
17.22practice rules for medicated feed premixes and for medicated feeds established under
17.23authority of the federal act, unless the commissioner determines that they are not
17.24appropriate to the conditions that exist in this state.

17.25    Sec. 65. [34A.03] MISBRANDING.
17.26(a) Food is misbranded if:
17.27(1) its labeling is false or misleading in any particular, or its labeling, whether on
17.28the item itself, its container, or its package, fails to conform with the requirements of
17.29this chapter;
17.30(2) it is offered for sale or distributed under the name of another food;
17.31(3) it is an imitation of another food for which a definition and standard of identity
17.32have been prescribed by rules as provided by sections 31.10 and 31.102; or if it is an
17.33imitation of another food that is not subject to clause (5), unless in either case its label
17.34bears in type of uniform size and prominence the word "imitation" and immediately
17.35thereafter the name of the food imitated;
18.1(4) its container is so made, formed, or filled as to be misleading;
18.2(5) it purports to be or is represented as a food for which a definition and standard
18.3of identity have been prescribed by rules as provided by sections 31.10, 31.102, and
18.431A.07 unless it conforms to that definition and standard, and its label bears the name
18.5of the food specified in the definition and standard, and insofar as may be required by
18.6the rules, the common names of optional ingredients, other than spices, flavoring, and
18.7coloring, present in the food;
18.8(6) it purports to be or is represented as:
18.9(i) a food for which a standard of quality has been prescribed by rules as provided by
18.10sections 31.10 and 31.102, and its quality falls below that standard unless its label bears in
18.11a manner and form the rules specify, a statement that it falls below the standard; or
18.12(ii) a food for which a standard or standards of fill of container have been prescribed
18.13by rule as provided by sections 31.10, 31.102, and 31A.07, and it falls below the standard
18.14of fill of container applicable thereto unless its label bears, in a manner and form the rules
18.15specify, a statement that it falls below the standard;
18.16(7) it is not subject to clause (5), unless it bears labeling clearly giving the common
18.17or usual name of the food, if there is one, and in case it is fabricated from two or more
18.18ingredients, the common or usual name of each ingredient, except that spices, flavorings,
18.19and colorings, other than those sold as such, may be designated as spices, flavorings, and
18.20colorings, without naming each; provided, that to the extent that compliance with the
18.21requirements of this clause is impractical or results in deception or unfair competition,
18.22exemptions must be established by rules promulgated by the commissioner;
18.23(8) it purports to be or is represented for special dietary uses, unless its label
18.24bears information concerning its vitamin, mineral, and other dietary properties as the
18.25commissioner determines to be, and by rules prescribed as, necessary in order to fully
18.26inform purchasers as to its value for those uses;
18.27(9) it bears or contains any artificial flavoring, artificial coloring, or chemical
18.28preservative, unless it bears labeling stating that fact; provided that, to the extent that
18.29compliance with the requirements of this clause is impracticable, exemptions must be
18.30established by rules promulgated by the commissioner. The provisions of this clause and
18.31clauses (5) and (7) with respect to artificial coloring do not apply to butter, cheese, or ice
18.32cream. The provisions with respect to chemical preservatives do not apply to a pesticide
18.33when used in or on a raw agricultural commodity which is the product of the soil;
18.34(10) it is a product intended as an ingredient of another food and when used
18.35according to the directions of the purveyor will result in the final food product being
18.36adulterated or misbranded;
19.1(11) it is a color additive unless its packaging and labeling are in conformity with
19.2such packaging and labeling requirements applicable to the color additive prescribed
19.3under the provisions of the federal act;
19.4(12) it is food subject to section 31.101, subdivision 10, or chapter 31A, that fails to
19.5bear, directly or on its container, as the commissioner by rule prescribes, the inspection
19.6legend and other information the commissioner may require by rule to ensure that it
19.7will not have false or misleading labeling, and that the public will be told how to keep
19.8the article wholesome; or
19.9(13) its labeling would deceive or mislead the purchaser with respect to its
19.10composition or suitability.
19.11(b) Food is also misbranded if it is a raw agricultural commodity which is the
19.12product of the soil, bearing or containing a pesticide applied after harvest, unless the
19.13shipping container of that commodity bears labeling which declares the presence of the
19.14chemical in or on the commodity and the common or usual name and the function of the
19.15chemical. No such declaration is required while the commodity, having been removed
19.16from the shipping container, is being held or displayed for sale at retail out of the container
19.17in accordance with the custom of the trade.

19.18    Sec. 66. [34A.04] ENFORCEMENT.
19.19    Subdivision 1. Enforcement required. (a) The commissioner shall enforce this
19.20chapter and chapters 28, 28A, 29, 30, 31, 31A, and 34. To carry out the enforcement duties
19.21under these chapters, the commissioner may, upon presenting appropriate credentials,
19.22during regular working hours and at other reasonable times, inspect premises subject
19.23to the commissioner's enforcement and licensing authority; require information from
19.24persons with information relevant to an inspection; and inspect and copy relevant papers
19.25and records, including business records.
19.26(b) The commissioner may administer oaths, take and cause to be taken depositions
19.27of witnesses, and issue subpoenas, and may petition the district court in the county in which
19.28the premises is located to compel compliance with subpoenas or to permit an inspection.
19.29(c) Violations of chapters 28, 28A, 29, 30, 31, 31A, and 34, or rules adopted under
19.30chapters 28, 28A, 29, 30, 31, 31A, and 34 are a violation of this chapter.
19.31(d) Upon the request of the commissioner, county attorneys, sheriffs, and other
19.32officers having authority in the enforcement of the general criminal laws shall take action
19.33to the extent of their authority necessary or proper for the enforcement of this chapter or
19.34standards, stipulations, and agreements of the commissioner.
20.1    Subd. 2. Commissioner's discretion. If minor violations of this chapter occur or
20.2the commissioner believes the public interest will be best served by a suitable notice of
20.3warning in writing, this chapter does not require the commissioner to take any additional
20.4action.
20.5    Subd. 3. Civil actions. Civil judicial enforcement actions may be brought by the
20.6attorney general in the name of the state on behalf of the commissioner. A county attorney
20.7may bring a civil judicial enforcement action upon the request of the commissioner and
20.8agreement by the attorney general.
20.9    Subd. 4. Injunction. The commissioner may apply to a court with jurisdiction for a
20.10temporary or permanent injunction to prevent, restrain, or enjoin violations of provisions
20.11of this chapter.
20.12    Subd. 5. Criminal actions. Each county attorney or city attorney to whom the
20.13commissioner reports any violation of this chapter shall institute appropriate proceedings
20.14in the proper courts without delay and prosecute them in the manner required by law. If
20.15the county or city attorney refuses to prosecute, the attorney general, on request of the
20.16commissioner, may prosecute.

20.17    Sec. 67. [34A.05] FALSE STATEMENT OR RECORD.
20.18A person must not knowingly make or offer a false statement, record, or other
20.19information as part of:
20.20(1) an application for registration, listing, license, certification, or permit subject
20.21to this chapter;
20.22(2) records or reports required subject to this chapter; or
20.23(3) an investigation of a violation of this chapter.

20.24    Sec. 68. [34A.051] ILLEGAL SALES.
20.25It is a violation of law to sell in or into Minnesota food that is from a place of
20.26business located outside of Minnesota that has not been licensed, inspected, permitted,
20.27or otherwise approved by the local, tribal, state, or national government charged with
20.28enforcement of food safety regulations in that jurisdiction or by Minnesota, unless the
20.29product itself has been so inspected and approved and bears a stamp or similar indicia
20.30of such inspection and approval.

20.31    Sec. 69. [34A.06] ADMINISTRATIVE ACTIONS.
20.32    Subdivision 1. Administrative enforcement. (a) The commissioner may enforce
20.33this chapter by written warning, administrative meeting, cease and desist, forced sale,
21.1detain, embargo, condemnation, citation, corrective action order, seizure, agreement,
21.2withdrawal from distribution, or administrative penalty if the commissioner determines
21.3that the remedy is in the public interest.
21.4(b) For facilities required to submit a plan review under Minnesota Rules, chapter
21.54626, the commissioner may withdraw by written order the approval of a facility or
21.6equipment if:
21.7(1) hazards to human life exist; or
21.8(2) there is satisfactory evidence that the person to whom the approval was issued
21.9has used fraudulent or deceptive practices to evade or attempt to evade provisions of
21.10this chapter.
21.11(c) Any action under this subdivision may be appealed pursuant to section 34A.08.
21.12    Subd. 2. License revocation, suspension, and refusal. (a) The commissioner
21.13may revoke, suspend, limit, modify, or refuse to grant or renew a registration, listing,
21.14permit, license, or certification if a person violates or has violated this chapter within
21.15the last three years.
21.16(b) The commissioner may revoke, suspend, limit, modify, or refuse to grant or
21.17renew a registration, listing, permit, license, or certification to a person from another state
21.18if that person has had a registration, permit, license, or certification denied, revoked,
21.19or suspended by another state for an offense reasonably related to the requirements,
21.20qualifications, or duties of a registration, permit, license, or certification issued under
21.21this chapter.
21.22(c) The commissioner may revoke, suspend, limit, modify, or refuse to grant or
21.23renew a registration, listing, permit, license, or certification to a person after receiving
21.24satisfactory evidence that the registrant, permittee, licensee, or certificate holder has used
21.25fraudulent and deceptive practices in the evasion or attempted evasion of this chapter.
21.26(d) A registration, listing, permit, license, or certification may not be revoked or
21.27suspended until the registrant, permittee, licensee, or certificate holder has been given
21.28opportunity for a hearing by the commissioner. After receiving notice of revocation or
21.29suspension, a registrant, permittee, licensee, registrant, or certificate holder has ten days to
21.30request a hearing, or another time period mutually agreed to by both parties. If no request is
21.31made within ten days or other agreed-upon time, the registration, listing, permit, license, or
21.32certification is revoked or suspended. In the case of a refusal to grant a registration, listing,
21.33permit, license, or certification, the registrant, permittee, licensee, registrant, or certificate
21.34holder has ten days from notice of refusal to request a hearing. Upon receiving a request
21.35for hearing, the department shall proceed pursuant to section 34A.08, subdivision 2.

22.1    Sec. 70. [34A.07] ADMINISTRATIVE PENALTIES.
22.2    Subdivision 1. Assessment. (a) In determining the amount of the administrative
22.3penalty, the commissioner shall consider the economic gain received by the person
22.4allowing or committing the violation, the gravity of the violation in terms of actual or
22.5potential damage to human or animal health and the environment, the willfulness of the
22.6violation, number of violations, history of past violations, and other factors justice may
22.7require, if the additional factors are specifically identified in the inspection report. For a
22.8violation after an initial violation, the commissioner shall also consider the similarity of
22.9the most recent previous violation and the violation to be penalized, the time elapsed since
22.10the last violation, the number of previous violations, and the response of the person to the
22.11most recent previous violation identified.
22.12(b) The commissioner may issue an administrative citation assessing an
22.13administrative penalty of up to $1,500 for each violation of this chapter. Each day a
22.14violation continues is a separate violation. The citation must describe the nature of the
22.15violation, the statute or rule alleged to have been violated, the time for correction, if
22.16applicable, and the amount of any proposed fine. The citation must advise the person to
22.17notify the commissioner in writing within 20 days, or another time period mutually agreed
22.18to by the commissioner and the person subject to the citation, if the person wishes to
22.19appeal the citation and that if the person fails to appeal the citation, the citation is the
22.20final order and not subject to further review.
22.21(c) An administrative penalty may be assessed if the person subject to a written order
22.22does not comply with the order in the time provided in the order.
22.23    Subd. 2. Collection of penalty. (a) If a person subject to an administrative penalty
22.24fails to pay the penalty, which must be part of a final citation by the commissioner, by 30
22.25days after the final order is issued, the commissioner may commence a civil action for
22.26double the assessed penalty plus attorney fees and costs.
22.27(b) An administrative penalty may be recovered in a civil action in the name of the
22.28state brought in the district court of the county where the violation is alleged to have
22.29occurred or the district court where the commissioner has an office.

22.30    Sec. 71. [34A.08] APPEAL OF ADMINISTRATIVE ACTION OR PENALTY.
22.31    Subdivision 1. Notice of appeal. (a) After service of a citation under section 34A.07
22.32or order under section 34A.06, subdivision 1, a person has 20 days from receipt of the
22.33citation or order, or another time period mutually agreed to by the commissioner and the
22.34person subject to the citation or order, to notify the commissioner in writing that the
22.35person intends to contest the citation or order through a hearing. The hearing request
23.1must specifically identify the order or citation being contested and state the grounds for
23.2contesting it.
23.3(b) If the person fails to notify the commissioner that the person intends to contest
23.4the citation or order, the citation or order is final and not subject to further judicial or
23.5administrative review.
23.6    Subd. 2. Administrative review. If a person notifies the commissioner that
23.7the person intends to contest a citation or order issued under this chapter, the Office
23.8of Administrative Hearings shall conduct a hearing in accordance with the applicable
23.9provisions of chapter 14 for hearings in contested cases.

23.10    Sec. 72. [34A.09] CIVIL PENALTIES.
23.11    Subdivision 1. General penalty. A person who violates this chapter or an order,
23.12standard, stipulation, agreement, citation, or schedule of compliance of the commissioner
23.13or impedes, hinders, or otherwise prevents or attempts to prevent performance of a duty
23.14by the commissioner in connection with this chapter is subject to a civil penalty of up to
23.15$7,500 per day of violation as determined by the court.
23.16    Subd. 2. Actions to compel performance. In an action to compel performance of
23.17an order of the commissioner to enforce this chapter, the court must require a defendant
23.18adjudged responsible to perform the acts within the person's power that are reasonably
23.19necessary to accomplish the purposes of the order.
23.20    Subd. 3. Recovery of penalties by civil action. The civil penalties and payments
23.21provided for in this section may be recovered by a civil action brought by the county
23.22attorney or the attorney general in the name of the state.

23.23    Sec. 73. [34A.10] CRIMINAL PENALTIES.
23.24    Subdivision 1. General violation. Except as provided in subdivisions 2 and 3, a
23.25person is guilty of a misdemeanor if the person violates this chapter or an order, standard,
23.26citation, stipulation, agreement, or schedule of compliance of the commissioner, or
23.27impedes, hinders, or otherwise prevents, or attempts to prevent the commissioner or a
23.28duly authorized agent in performance of a duty in connection with this chapter. Unless
23.29otherwise specified in this chapter, each separate violation is a separate offense, except
23.30that in the case of a violation through continuing failure or neglect to obey this chapter,
23.31each day the failure or neglect continues is a separate offense.
23.32    Subd. 2. Violation endangering humans or animals. A person is guilty of a
23.33gross misdemeanor if the person violates this chapter or an order, standard, stipulation,
24.1agreement, or schedule of compliance of the commissioner and the violation endangers
24.2humans or animals.
24.3    Subd. 3. Violation with knowledge. A person is guilty of a gross misdemeanor if
24.4the person knowingly violates this chapter or an order, standard, stipulation, agreement, or
24.5schedule of compliance of the commissioner.

24.6    Sec. 74. [34A.11] EMBARGO, SEIZURE, AND CONDEMNATION.
24.7    Subdivision 1. Tag, notice, or withdrawal from distribution. If the commissioner
24.8finds probable cause to believe that any food, animal, or consumer commodity is being
24.9distributed in violation of this chapter or rules under this chapter, or is adulterated or so
24.10misbranded as to be dangerous or fraudulent, the commissioner shall affix to the food,
24.11animal, or consumer commodity a tag, withdrawal from distribution order, or other
24.12appropriate marking giving notice that the food, animal, or consumer commodity is, or is
24.13suspected of being, adulterated, misbranded, or distributed in violation of this chapter,
24.14and has been detained or embargoed, and warning all persons not to remove or dispose
24.15of the food, animal, or consumer commodity by sale or otherwise until permission for
24.16removal or disposal is given by the commissioner or the court. It is unlawful for a person
24.17to remove or dispose of a detained or embargoed food, animal, or consumer commodity by
24.18sale or otherwise without the commissioner's or a court's permission and each transaction
24.19is a separate violation of this subdivision.
24.20    Subd. 2. Seizure. A carcass; part of a carcass; meat or meat food product of an
24.21animal; or dead, dying, disabled, or diseased animal that is being transported in intrastate
24.22commerce, or is held for sale in this state after transportation in intrastate commerce, may
24.23be proceeded against, seized, and condemned if:
24.24(1) it is or has been prepared, sold, transported, or otherwise distributed, offered, or
24.25received for distribution in violation of this chapter.
24.26(2) it is usable as human food and is adulterated or misbranded; or
24.27(3) it is in any other way in violation of this chapter.
24.28The commissioner may act against the article or animal at any time on a complaint
24.29in the district court of the judicial district where the article or animal is found.
24.30    Subd. 3. Action for condemnation. If food or an article or animal, detained or
24.31embargoed under subdivision 1 has been found by the commissioner to be adulterated
24.32or misbranded or in violation of this chapter, the commissioner shall petition the district
24.33court in the county in which the food or animal is detained or embargoed for an order and
24.34decree for the condemnation of the food or animal. The commissioner shall release the
25.1food or animal when this chapter and rules adopted under this chapter have been complied
25.2with or the food or animal is found to be not adulterated or misbranded.
25.3    Subd. 4. Remedies. If the court finds that a detained or embargoed food or animal
25.4is adulterated, misbranded, or in violation of this chapter or rules adopted under this
25.5chapter, the following remedies are available:
25.6(1) after entering a decree, the food or animal may be destroyed at the expense of
25.7the claimant under the supervision of the commissioner, and all court costs, fees, storage,
25.8and other proper expenses, must be assessed against the claimant of the food or animal or
25.9the claimant's agent; and
25.10(2) if adulteration or misbranding can be corrected by proper labeling or processing
25.11of the food or animal, the court, after entry of the decree and after costs, fees, and expenses
25.12have been paid and a good and sufficient bond, conditioned that the food or animal must
25.13be properly labeled or processed, has been executed, may by order direct that the food or
25.14animal be delivered to the claimant for proper labeling or processing under the supervision
25.15of the commissioner. The expense of the supervision must be paid by the claimant. The
25.16food or animal must be returned to the claimant and the bond must be discharged on the
25.17representation to the court by the commissioner that the food or animal is no longer in
25.18violation and that the expenses for the supervision have been paid.
25.19    Subd. 5. Duties of commissioner. If the commissioner finds in any room, building,
25.20vehicle of transportation, or other structure any meat, seafood, poultry, vegetable, fruit, or
25.21other perishable articles of food that are unsound, or contain any filthy, decomposed, or
25.22putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the
25.23commissioner shall condemn or destroy the item or in any other manner render the item as
25.24unsalable as human food, and no one has any cause of action against the commissioner
25.25on account of the commissioner's action.
25.26    Subd. 6. Emergency response. If the governor declares an emergency order under
25.27section 12.31 and if the commissioner finds or has probable cause to believe that livestock,
25.28food, or a consumer commodity within a specific area is likely to be adulterated because
25.29of the emergency or so misbranded as to be dangerous or fraudulent, or is in violation of
25.30section 31.131, subdivision 1, the commissioner may embargo a geographic area that is
25.31included in the declared emergency. The commissioner shall provide notice to the public
25.32and to those with custody of the product in as thorough a manner as is practicable under
25.33the emergency circumstances.

25.34    Sec. 75. [34A.12] POWERS OF THE COMMISSIONER.
26.1    Subdivision 1. Gathering information. The commissioner may, for the purposes
26.2of this chapter:
26.3(1) gather and compile information concerning and investigate the organization,
26.4business, conduct, practices, and management of a person in intrastate commerce and
26.5the person's relation to other persons; and
26.6(2) require, by general or special orders, a person, persons, or a class of persons
26.7engaged in intrastate commerce to file with the commissioner, in the form the
26.8commissioner prescribes, annual and special reports or answers in writing to specific
26.9questions, giving the commissioner the information the commissioner requires about the
26.10organization, business, conduct, practices, management, and relation to other persons, of
26.11the person filing the reports or answers. The reports and answers must be made under
26.12oath, or otherwise, as the commissioner prescribes, and filed with the commissioner within
26.13a reasonable time the commissioner prescribes, unless additional time is granted by the
26.14commissioner.
26.15    Subd. 2. Examination of documents for evidence. (a) For purposes of this
26.16chapter, the commissioner must at all reasonable times be allowed to examine and
26.17copy documentary evidence of a person being investigated or proceeded against. The
26.18commissioner may subpoena witnesses and require the production of documentary
26.19evidence of a person relating to any matter under investigation. The commissioner
26.20may sign subpoenas, administer oaths and affirmations, examine witnesses, and receive
26.21evidence.
26.22(b) Attendance of witnesses and the production of documentary evidence may
26.23be required at a designated hearing place. In case of disobedience to a subpoena, the
26.24commissioner may invoke the aid of the district court to require the attendance and
26.25testimony of witnesses and the production of documentary evidence.
26.26(c) The district court, in case of refusal to obey a subpoena issued to a person, may
26.27issue an order requiring the person to appear before the commissioner or to produce
26.28documentary evidence if ordered, or to give evidence touching the matter in question.
26.29Failure to obey the order of the court may be punishable by the court as a contempt.
26.30(d) Upon the application of the attorney general at the request of the commissioner,
26.31the district court may order a person to comply with this chapter or an order of the
26.32commissioner made under this chapter.
26.33(e) The commissioner may order testimony to be taken by deposition in a proceeding
26.34or investigation pending under this chapter at any state of the proceeding or investigation.
26.35Depositions may be taken before a person designated by the commissioner and having
26.36power to administer oaths. The testimony must be reduced to writing by the person taking
27.1the deposition or under the person's direction and must then be signed by the witness. A
27.2person may be compelled to appear and depose and to produce documentary evidence
27.3in the same manner as witnesses may be compelled to appear and testify and produce
27.4documentary evidence before the commissioner.
27.5(f) Witnesses summoned before the commissioner may be paid the same fees and
27.6mileage that are paid witnesses in the district courts. Witnesses whose depositions are
27.7taken and the persons taking them may be entitled to the fees that are paid for those
27.8services in the district court.
27.9(g) A person is not excused from attending and testifying or from producing books,
27.10papers, schedules of charges, contracts, agreements, or other documentary evidence
27.11before the commissioner or in obedience to the subpoena of the commissioner whether
27.12the subpoena is signed or issued by the commissioner or the commissioner's agent, or in
27.13any cause or proceeding, criminal or otherwise, based upon or growing out of an alleged
27.14violation of this chapter because the testimony or evidence, documentary or otherwise,
27.15required of the person may tend to incriminate the person or subject the person to a
27.16penalty or forfeiture. No person may be prosecuted or subjected to a penalty or forfeiture
27.17on account of a matter concerning which the person is compelled, after having claimed
27.18a privilege against self-incrimination, to testify or produce evidence, documentary or
27.19otherwise, except that a witness is not exempt from prosecution and punishment for
27.20perjury committed in testifying.
27.21    Subd. 3. Penalties related to testimony and records. (a) A person who neglects
27.22or refuses to attend and testify, to answer a lawful inquiry, or to produce documentary
27.23evidence, if it is in the person's power to do so in obedience to the subpoena or lawful
27.24requirement of the commissioner, is guilty of a misdemeanor.
27.25(b) A person who willfully:
27.26(1) makes or causes to be made a false entry or statement of fact in a report required
27.27under this chapter;
27.28(2) makes or causes to be made a false entry in an account, record, or memorandum
27.29kept by a person subject to this chapter;
27.30(3) neglects or fails to make or to cause to be made full and correct entries in the
27.31accounts, records, or memoranda, of all facts and transactions relating to the person's
27.32business;
27.33(4) leaves the jurisdiction of this state;
27.34(5) mutilates, alters, or by any other means falsifies documentary evidence of a
27.35person subject to this chapter; or
28.1(6) refuses to submit to the commissioner, for inspection and copying, any
28.2documentary evidence of a person subject to this chapter in the person's possession or
28.3control, is guilty of a misdemeanor.
28.4(c) A person required by this chapter to file an annual or special report who fails to
28.5do so within the time fixed by the commissioner for filing the report and continues the
28.6failure for 30 days after notice of failure to file, is guilty of a misdemeanor.
28.7(d) An officer or employee of this state who makes public information obtained by
28.8the commissioner without the commissioner's authority, unless directed by a court, is
28.9guilty of a misdemeanor."
28.10Page 32, line 22, after "sections" insert "17.984;"
28.11Page 32, line 25, after "27.20;" insert "28.15; 28A.12; 28A.13; 29.28; 31.031;
28.1231.041; 31.05; 31.14; 31.393; 31.58; 31.592; 31.621, subdivision 5; 31.631, subdivision
28.134; 31.633, subdivision 2; 31.681; 31.74, subdivision 3; 31.91; 31A.24; 31A.26; 32.078;
28.1432.475, subdivision 7; 32.61; 32.90; 34.113;"
28.15Page 33, line 2, after "1511.0170;" insert "1540.0010, subpart 26; 1550.0930,
28.16subparts 3, 4, 5, 6, and 7; 1550.1040, subparts 3, 4, 5, and 6; 1550.1260, subparts 6 and 7;"
28.17Renumber the sections in sequence and correct the internal references
28.18Amend the title accordingly