34A.01 DEFINITIONS. Subdivision 1. Applicability. The definitions in this section and chapters 28, 28A, 29, 30, 31, 31A, 32D, and 34 apply to this chapter. The definitions in this section apply to chapter 32D. Subd. 2. Commissioner. “Commissioner” means the commissioner of agriculture. Subd. 3. Federal act. “Federal act” means the federal Food, Drug, and […]
34A.012 EXCLUSIONS. The following items are not perishable food, readily perishable food, or frozen food: (1) packaged pickles; (2) jellies, jams, and condiments in sealed containers; (3) bakery products such as bread, rolls, buns, donuts, fruit-filled pies, and pastries; (4) dehydrated packaged food; (5) dry or packaged food with a water activity that precludes development […]
34A.02 ADULTERATION. Food is adulterated if: (1) it bears or contains any poisonous or deleterious substance which may render it injurious to health; but if the substance is not an added substance, the item is not adulterated under this clause if the quantity of the substance in the item does not ordinarily render it injurious […]
34A.03 MISBRANDING. (a) Food is misbranded if: (1) its labeling is false or misleading in any particular, or its labeling, whether on the item itself, its container, or its package, fails to conform with the requirements of this chapter; (2) it is offered for sale or distributed under the name of another food; (3) it […]
34A.04 ENFORCEMENT. Subdivision 1. Enforcement required. (a) The commissioner shall enforce this chapter and chapters 28, 28A, 29, 30, 31, 31A, and 34. To carry out the enforcement duties under these chapters, the commissioner may, upon presenting appropriate credentials, during regular working hours and at other reasonable times, inspect premises subject to the commissioner’s enforcement […]
34A.05 FALSE STATEMENT OR RECORD. A person must not knowingly make or offer a false statement, record, or other information as part of: (1) an application for registration, listing, license, certification, or permit subject to this chapter; (2) records or reports required subject to this chapter; or (3) an investigation of a violation of this […]
34A.06 ADMINISTRATIVE ACTIONS. Subdivision 1. Administrative enforcement. (a) The commissioner may enforce this chapter by written warning, administrative meeting, cease and desist, forced sale, detention, embargo, condemnation, citation, corrective action order, seizure, agreement, withdrawal from distribution, or administrative penalty if the commissioner determines that the remedy is in the public interest. (b) For facilities required […]
34A.07 ADMINISTRATIVE PENALTIES. Subdivision 1. Assessment. (a) In determining the amount of the administrative penalty, the commissioner shall consider the economic gain received by the person allowing or committing the violation, the gravity of the violation in terms of actual or potential damage to human or animal health and the environment, the willfulness of the […]
34A.08 APPEAL OF ADMINISTRATIVE ACTION OR PENALTY. Subdivision 1. Notice of appeal. (a) After service of a citation under section 34A.07 or order under section 34A.06, subdivision 1, a person has 20 days from receipt of the citation or order, or another time period mutually agreed to by the commissioner and the person subject to […]
34A.09 CIVIL PENALTIES. Subdivision 1. General penalty. A person who violates this chapter or an order, standard, stipulation, agreement, citation, or schedule of compliance of the commissioner, or impedes, hinders, or otherwise prevents or attempts to prevent performance of a duty by the commissioner in connection with this chapter is subject to a civil penalty […]
34A.10 CRIMINAL PENALTIES. Subdivision 1. General violation. Except as provided in subdivisions 2 and 3, a person is guilty of a misdemeanor if the person violates this chapter or an order, standard, citation, stipulation, agreement, or schedule of compliance of the commissioner, or impedes, hinders, or otherwise prevents, or attempts to prevent the commissioner or […]
34A.11 EMBARGO, SEIZURE, AND CONDEMNATION. Subdivision 1. Tag, notice, or withdrawal from distribution. If the commissioner finds probable cause to believe that any food, animal, or consumer commodity is being distributed in violation of this chapter or rules under this chapter, or is adulterated or so misbranded as to be dangerous or fraudulent, the commissioner […]
34A.12 POWERS OF THE COMMISSIONER. Subdivision 1. Gathering information. The commissioner may, for the purposes of this chapter: (1) gather and compile information concerning and investigate the organization, business, conduct, practices, and management of a person in intrastate commerce and the person’s relation to other persons; and (2) require, by general or special orders, a […]
