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CHAPTER 34. NONALCOHOLIC BEVERAGES

Table of Sections
SectionHeadnote
34.001DEFINITION.
34.01DEFINITIONS.
34.02LICENSES; EXCEPTIONS.
34.03SOFT DRINKS INSPECTED; REGISTRATION.
34.04Repealed, 1971 c 339 s 27
34.05
34.06Repealed, 1971 c 339 s 27
34.07BEVERAGE INSPECTION ACCOUNT; APPROPRIATION.
34.08Repealed, 1971 c 339 s 27
34.09SANITATION; RULES.
34.10Repealed, 1967 c 92 s 4
34.11RESTRICTIONS ON USE OF TRADE NAMES.
34.112ENFORCEMENT.
34.113PENALTY.
34.119Repealed, 1987 c 310 s 14; 1987 c 381 s 6
34.12Repealed, 1987 c 310 s 14; 1987 c 381 s 6
34.13Repealed, 1987 c 310 s 14; 1987 c 381 s 6
34.14Repealed, 1987 c 310 s 14; 1987 c 381 s 6
34.001 DEFINITION.
    Subdivision 1. Scope. Except where the context otherwise indicates, for the purposes of this
chapter, the terms defined in this section have the meanings given them.
    Subd. 2. Commissioner. "Commissioner" means the commissioner of the Department
of Agriculture.
History: 1961 c 113 s 1; 1961 c 128 s 17
34.01 DEFINITIONS.
    Subdivision 1. Terms. Unless the language or context clearly indicates that a different
meaning is intended, the terms defined in subdivisions 2 and 3, for the purposes of sections 34.02
to 34.11, shall have the meanings given them.
    Subd. 2. Soft drinks and other nonalcoholic beverages. The term "soft drinks and other
nonalcoholic beverages" means and includes (1) carbonated or still beverages, (2) natural and
mineral waters, carbonated, plain or otherwise, (3) apple or fruit ciders, natural or reconstituted
fruit juices, or cereal beverages and other finished beverages.
    Subd. 3. Adulterated soft drinks and nonalcoholic beverages. In addition to the
requirements of other laws relating to adulteration of food which are administered by the
Department of Agriculture, all soft drinks and other nonalcoholic beverages not conforming to the
provisions of sections 34.02 to 34.11, or to the rules, definitions, and standards made thereunder,
shall be deemed to be adulterated.
    Subd. 4.[Renumbered 34.119]
History: (3965-3, 3965-9) 1927 c 42 s 3,9; 1933 c 378 s 1; 1937 c 359 s 1; 1945 c 39 s 1;
1947 c 447 s 1; 1953 c 586 s 1; 1961 c 113 s 1; 1961 c 128 s 18; 1961 c 144 art 2 s 23; 1967 c
92 s 1
34.02 LICENSES; EXCEPTIONS.
No person may manufacture, mix, or compound any soft drinks or other nonalcoholic
beverage, to be sold in bottles, barrels, kegs, jars, coolers, cans, glasses or tumblers, or other
containers, without first having obtained a license from the commissioner. License fees shall be
established in accordance with section 28A.05, clause (c). Sections 34.02 to 34.11 do not apply to
beverages manufactured, mixed, or compounded in quantities of one quart or less at one time.
History: (3965-1) 1927 c 42 s 1; 1947 c 447 s 2; 1953 c 586 s 2; 1983 c 293 s 57
34.03 SOFT DRINKS INSPECTED; REGISTRATION.
Soft drinks or other nonalcoholic beverages, that are mixed, compounded, or sold for home
consumption are subject to rules established under section 34.09.
History: (3965-2) 1927 c 42 s 2; 1957 c 106 s 1; 1986 c 375 s 3
34.04 [Repealed, 1971 c 339 s 27]
34.05    Subdivision 1.[Repealed, 1986 c 375 s 5]
    Subd. 2.[Repealed, 1980 c 411 s 2; 1986 c 375 s 5]
34.06 [Repealed, 1971 c 339 s 27]
34.07 BEVERAGE INSPECTION ACCOUNT; APPROPRIATION.
A beverage inspection account is created in the agricultural fund. All fees and fines collected
under this chapter shall be credited to the beverage inspection account. Money in the account is
appropriated to the commissioner for inspection and supervision under this chapter.
History: (3965-7) 1927 c 42 s 7; 1986 c 444; 1Sp2001 c 2 s 66
34.08 [Repealed, 1971 c 339 s 27]
34.09 SANITATION; RULES.
The commissioner shall promulgate rules covering those persons licensed under section
28A.04, who manufacture, sell, or dispense soft drinks and other nonalcoholic beverages
establishing minimum sanitary requirements which are reasonably necessary to protect the public
health and interest. The rules must include, but are not limited to, sanitary practices involving
beverage manufacturing plants, beverage dispensing equipment, and the use of sterile containers
in packaging beverages for home consumption. Rules must be adopted in accordance with
chapter 14.
History: (3965-10) 1927 c 42 s 10; 1967 c 92 s 2; 1985 c 248 s 70; 1986 c 375 s 4
34.10 [Repealed, 1967 c 92 s 4]
34.11 RESTRICTIONS ON USE OF TRADE NAMES.
No person shall label or represent soft drinks or nonalcoholic beverages by using any
trademark, trade name or proprietary name other than one owned by the person, unless the soft
drink or beverage is marketed or sold under franchise, license, permit or contract with the owner
or holder of the trademark, trade name or proprietary name.
History: (3965-12) 1927 c 42 s 12; 1947 c 447 s 4; 1969 c 411 s 1; 1986 c 444
34.112 ENFORCEMENT.
The commissioner, and the commissioner's inspectors, assistants, and employees, shall
enforce the provisions of sections 34.02 to 34.11.
History: (3965-1, 3965-13) 1927 c 42 s 1,13; 1961 c 144 art 2 s 25; 1986 c 444
34.113 PENALTY.
Any person violating any of the provisions of sections 34.02 to 34.11, or of any rules made
thereunder or now in force, shall be guilty of a misdemeanor and be punished by a fine of not
less than $25 or by imprisonment in the county jail for not less than 30 days for the first offense;
and in the sum of not less than $50 or by imprisonment in the county jail for not less than 60
days for each subsequent offense.
History: (3965-14) 1927 c 42 s 14; 1985 c 248 s 70
34.119 [Repealed, 1987 c 310 s 14; 1987 c 381 s 6]
34.12 [Repealed, 1987 c 310 s 14; 1987 c 381 s 6]
34.13 [Repealed, 1987 c 310 s 14; 1987 c 381 s 6]
34.14 [Repealed, 1987 c 310 s 14; 1987 c 381 s 6]

Official Publication of the State of Minnesota
Revisor of Statutes