Laws of Minnesota 1991 

                        CHAPTER 52-H.F.No. 1017 
           An act relating to agriculture; regulating certain 
          sales and services offered by grocery stores; limiting 
          applicability of certain licensing and regulatory 
          provisions; amending Minnesota Statutes 1990, sections 
          28A.05; 145A.03, by adding a subdivision; 157.01, 
          subdivision 1; and 412.221, subdivision 30; proposing 
          coding for new law in Minnesota Statutes, chapter 28A. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 28A.05, is 
amended to read: 
     28A.05 [CLASSIFICATION.] 
     All persons required to have a license under section 28A.04 
shall be classified into one of the following classes of food 
handlers, according to their principal mode of business.  
     (a) Retail food handlers are persons who sell or process 
and sell food directly to the ultimate consumer or who custom 
process meat or poultry.  The term includes a person who sells 
food directly to the ultimate consumer through the use of coin 
actuated vending machines, and a person who sells food for 
consumption on-site or off-site if the sale is conducted on the 
premises that are part of a grocery or convenience store 
operation. 
    (b) Wholesale food handlers are persons who sell to others 
for resale.  A person who handles food in job lots (jobbers) is 
included in this classification.  
    (c) Wholesale food processors or manufacturers are persons 
who process or manufacture raw materials and other food 
ingredients into food items, or who reprocess food items, or who 
package food for sale to others for resale, or who commercially 
slaughter animals or poultry.  Included herein are persons who 
can, extract, ferment, distill, pickle, bake, freeze, dry, 
smoke, grind, mix, stuff, pack, bottle, recondition, or 
otherwise treat or preserve food for sale to others for resale, 
cold storage warehouse operators as defined in section 28.01, 
subdivision 3, salvage food processors as defined in section 
31.495, subdivision 1, dairy plants as defined in section 32.01, 
subdivision 6, and nonresident manufacturers of frozen foods as 
described in section 32.59.  
    (d) A food broker is a person who buys and sells food and 
who negotiates between a buyer and a seller of food, but who at 
no time has custody of the food being bought and sold.  
     Sec. 2.  [28A.075] [DELEGATION TO LOCAL BOARD OF HEALTH.] 
    The commissioner may enter into an agreement with a local 
board of health to delegate all or part of the licensing and 
inspection duties of the commissioner pertaining to retail food 
handlers that are grocery or convenience stores. 
    Sec. 3.  Minnesota Statutes 1990, section 145A.03, is 
amended by adding a subdivision to read: 
    Subd. 6.  [DUPLICATE LICENSING.] A local board of health 
must work with the commissioner of agriculture to eliminate 
duplicate licensing and inspection of grocery and convenience 
stores by no later than March 1, 1992. 
    Sec. 4.  Minnesota Statutes 1990, section 157.01, 
subdivision 1, is amended to read: 
    Subdivision 1.  [TYPES OF ESTABLISHMENTS.] Every building 
or structure or enclosure, or any part thereof, kept, used as, 
maintained as, or advertised as, or held out to the public to be 
an enclosure where sleeping accommodations are furnished to the 
public and furnishing accommodations for periods of less than 
one week shall for the purpose of this chapter be deemed an 
hotel.  
    Every building or other structure or enclosure, or any part 
thereof and all buildings in connection, kept, used or 
maintained as, or advertised as, or held out to the public to be 
an enclosure where meals or lunches are served or prepared for 
service elsewhere shall for the purpose of this chapter be 
deemed to be a restaurant, and the person in charge thereof, 
whether as owner, lessee, manager or agent, for the purpose of 
this chapter shall be deemed the proprietor of the restaurant, 
and whenever the word "restaurant" occurs in this chapter, it 
shall be construed to mean a structure as described in this 
section.  
    Every building or structure, or any part thereof, kept, 
used as, maintained as, advertised as, or held out to be a place 
where sleeping accommodations are furnished to the public as 
regular roomers, for periods of one week or more, and having 
five or more beds to let to the public, shall, for the purpose 
of this chapter, be deemed a lodging house.  
    Every building or structure or enclosure, or any part 
thereof, used as, maintained as, or advertised as, or held out 
to be an enclosure where meals or lunches are furnished to five 
or more regular boarders, whether with or without sleeping 
accommodations, for periods of one week or more, shall, for the 
purpose of this chapter, be deemed a boarding house.  
    Every building or structure, or any part thereof, used as, 
maintained as, or advertised as, or held out to be a place where 
confectionery, ice cream, or drinks of various kinds are made, 
sold or served at retail, shall, for the purpose of this 
chapter, be deemed to be a place of refreshment.  This chapter 
shall not be applicable in any manner to a general merchandise 
store, grocery store, oil station, cigar stand, confectionery 
store, or drug store not providing meals, lunches, lodging, or 
fountain, bar, booth, or table service, or to a grocery store in 
which meals or lunches are served or which contains a fountain, 
bar, booth, delicatessen, or table service. 
     For the purpose of this chapter, a resort means any 
building, structure, or enclosure, or any part thereof, located 
on, or on property neighboring, any lake, stream, or skiing or 
hunting area for purposes of providing convenient access 
thereto, kept, used, maintained, or advertised as, or held out 
to the public to be an enclosure where sleeping accommodations 
are furnished to the public, and primarily to those seeking 
recreation, for periods of one day, one week, or longer, and 
having for rent five or more cottages, rooms, or enclosures.  
    Sec. 5.  Minnesota Statutes 1990, section 412.221, 
subdivision 30, is amended to read: 
    Subd. 30.  [RESTAURANTS.] The council shall have power by 
ordinance to license and regulate restaurants and public eating 
houses, except that a restaurant or delicatessen in a grocery 
store is subject only to regulation under chapter 28A. 
    Sec. 6.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Presented to the governor May 2, 1991 
    Became law without the governor's signature May 7, 1991