31.02 PROHIBITED ACTS. The following acts set out in this section and the causing of such acts within this state are prohibited: (1) the manufacture, sale, or delivery, holding or offering for sale of any food that is adulterated or misbranded; (2) the adulteration or misbranding of any food; (3) the receipt in commerce of […]
31.021 DETERMINATION OF MISLEADING. If an article is alleged to be misbranded because the label is misleading, or if an advertisement is alleged to be false because it is misleading, then in determining whether the labeling or advertisement is misleading, there shall be taken into account, among other things, not only representations made or suggested […]
31.032 PENALTIES AND GUARANTY. Subdivision 1. Misdemeanor. Any person who violates any of the provisions of section 31.02 is guilty of a misdemeanor. Subd. 2. Exception. No person shall be subject to the penalties of subdivision 1 for having violated section 31.02, clause (2) or (4), if the person establishes a guaranty or undertaking signed […]
31.04 INSPECTION AUTHORITY. Subdivision 1. Allowable actions. For purposes of enforcement of the Minnesota Food Law, the commissioner, or any of the commissioner’s authorized agents, is authorized upon presenting appropriate credentials to the owner, operator or agent in charge: (1) to enter at reasonable times any factory, warehouse, or establishment in which food is manufactured, […]
31.07 PRICE NOT COLLECTIBLE. No action shall be maintained for the purchase price or value of any food, the sale of which is now or hereafter prohibited by law or which is manufactured, used, sold, transported, kept or offered for sale, use, or transportation, or had in possession with intent to sell, use, or transport […]
31.08 ADDITIONAL POWERS AND AUTHORITY; FOOD IN TRANSIT. The commissioner or any of the commissioner’s assistants, inspectors, agents, or employees, in addition to the authority and powers otherwise conferred by law, is authorized and empowered to have and to take access to any and all trucks, aeroplanes, airships, vehicles, and railroad cars of every sort […]
31.09 COMMISSIONER TO RENDER CERTAIN FOOD UNSALABLE. The commissioner and the commissioner’s assistants, inspectors, agents, and employees, shall also have power and authority, in their discretion, to render unsalable for use as food, any food the sale or use of which is now or hereafter prohibited by law, or which is manufactured, sold, used, transported, […]
31.095 DENATURING AND LABELING. All food originally designated as food for human consumption which is diverted to animal food channels or to seed must be labeled in compliance with animal food or seed laws and rules, and any which has been embargoed pursuant to section 34A.11 must be denatured in a manner approved by the […]
31.10 STANDARDS, DEFINITIONS; PROMULGATION. For the purpose of preventing fraud and deception in the manufacture, use, sale, and transportation of food, or for the purpose of protecting and preserving the public health, it shall be the duty of the commissioner to fix, adopt, and publish, from time to time, by rulings, in writing, definitions and […]
31.101 RULES; HEARINGS; UNIFORMITY WITH FEDERAL LAW. Subdivision 1. Authority. The commissioner may promulgate and amend rules for the efficient administration and enforcement of the Minnesota Food Law. The rules when applicable must conform, insofar as practicable and consistent with state law, with those promulgated under the federal law. This rulemaking authority is in addition […]
31.102 DEFINITIONS, STANDARDS OF IDENTITY; TEMPORARY PERMITS. Subdivision 1. Identity, quantity, and fill of container rules. Federal definitions and standards of identity, quality, and fill of container adopted under authority of the federal act, are the definitions and standards of identity, quality, and fill of container in this state. The rules may be amended by […]
31.103 FAIR PACKAGING AND LABELING PROVISIONS. Subdivision 1. Consumer commodities labeling rules. All labels of consumer commodities must conform with the requirements for the declaration of net quantity of contents of section 4 of the Fair Packaging and Labeling Act (United States Code, title 15, section 1451 et seq.) and federal regulations adopted under authority […]
31.104 FOOD LABELING EXEMPTION RULES. The commissioner shall promulgate rules exempting from any labeling requirement food which is, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such food is not adulterated or misbranded […]
31.11 RULES. Subdivision 1. Food laws. For the purpose of preventing fraud and deception in the manufacture, use, sale, and transportation of food, or for the purpose of protecting and preserving the public health, it shall also be the duty of the commissioner to make and publish uniform rules, not inconsistent with law, for carrying […]
31.115 LAWFUL TO PRODUCE BEVERAGES IN BASEMENTS OR OTHER SUBGRADE AREAS, USE BUILDINGS FOR OTHER PURPOSES. For the purposes of inspection, licensing, permitting, and registration by the commissioner of agriculture under Minnesota Rules, parts 1550.1650 to 1550.1870, it is lawful to locate in a basement or other subgrade area an installation to manufacture, mix, or […]
31.12 LABELING. For the purpose of preventing fraud and deception in the manufacture, use, sale, and transportation of food, or for the purpose of protecting and preserving the public health, it shall be the duty of the commissioner, by rulings not inconsistent with law, to require that any article of food, or the package, receptacle, […]
31.121 FOOD ADULTERATION. A food shall be deemed to be adulterated if it is covered by section 34A.02. History: 1974 c 84 s 30; 1985 c 248 s 70; 1990 c 554 s 1; 1992 c 486 s 2; 2012 c 244 art 2 s 14
31.122 FOOD; TOLERANCES FOR ADDED POISONOUS INGREDIENTS. Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity or any color additive, shall with respect to any particular use or intended use be deemed unsafe for the purpose of application of section 34A.02, clause (2), with respect […]
31.123 FOOD MISBRANDING. A food is misbranded if it is covered by section 34A.03. History: 1974 c 84 s 32; 1985 c 248 s 70; 2012 c 244 art 2 s 15
31.124 FALSE ADVERTISING. An advertisement of a food shall be deemed to be false if it is false or misleading in any particular. History: 1974 c 84 s 33
