Minn. R. (Agriculture Department) | Minnesota Rules — Agriculture Department

Chapter 1500 WHOLESALE PRODUCE DEALERS

Minn. R. 1500.0100 [Repealed, 16 SR 2441]

[Repealed, 16 SR 2441]

Minn. R. 1500.0101 Purpose

The purpose of parts 1500.0101 to 1500.1501 is to provide economic protection for the producers and sellers of perishable agricultural products.

History

Statutory Authority: MS s 27.14
History: 16 SR 2441

Minn. R. 1500.0200 [Repealed, 16 SR 2441]

[Repealed, 16 SR 2441]

Minn. R. 1500.0201 Definitions

Subpart 1. Scope.

The definitions in this part apply to parts 1500.0101 to 1500.1501.

Subp. 2.

[Repealed, 46 SR 1308]

Subp. 3. Commissioner.

"Commissioner" means the commissioner of agriculture or a designee.

Subp. 4. Pool.

"Pool" means a fund containing contributions by farmers and wholesale produce dealers to reimburse farmers for produce committed for but not harvested.

Subp. 5. Principal.

"Principal" means a person who empowers another to act on his or her behalf.

Subp. 6. Purchase.

"Purchase" means the acquisition of produce by a wholesale produce dealer in exchange for payment. It is immaterial whether the purchaser or the seller has title to the produce.

History

Statutory Authority: MS s 14.3895; 27.14
History: 16 SR 2441; 46 SR 1308

Minn. R. 1500.0300 [Repealed, 16 SR 2441]

[Repealed, 16 SR 2441]

Minn. R. 1500.0301 Signed Invoice

An invoice that is being treated as a contract under Minnesota Statutes, section 27.01, subdivision 5, must be signed by the buyer of the produce.

History

Statutory Authority: MS s 27.14
History: 16 SR 2441

Minn. R. 1500.0400 [Repealed, 16 SR 2441]

[Repealed, 16 SR 2441]

Minn. R. 1500.0401 Cash

Cash, as defined in Minnesota Statutes, section 27.01, subdivision 8, paragraph (c), clause (3), does not include personal or business account checks.

History

Statutory Authority: MS s 27.14
History: 16 SR 2441

Minn. R. 1500.0500 [Repealed, 16 SR 2441]

[Repealed, 16 SR 2441]

Minn. R. 1500.0501 Perishable Products

Under Minnesota Statutes, section 27.01, subdivision 8, paragraph (c), clause (4), perishable agricultural products protected by the Wholesale Produce Dealers Act include:

A. poultry and poultry products;

B. milk and milk products that have a shelf life of less than 60 days; and

C. perishable fruits and vegetables, including all fruits, vegetables, and mushrooms in fresh form whether or not packed in ice or held in cold storage, but not including perishable fruits and vegetables that have been manufactured into articles of food of a different kind or character. The effects of the following operations must not be considered as changing a commodity into a food of a different kind or character: water or steam blanching, chopping, color adding, curing, cutting, dicing, drying for the removal of surface moisture, fumigating, gassing, heating for insect control, ripening, coloring, removal of seed, pits, stems, calyx, husk, pods, rind, skin or peel, polishing, precooking, refrigerating, shredding, slicing, trimming, washing with or without chemicals, waxing or adding of sugar or other sweetening agents, adding ascorbic acid or other agents used to retard oxidation, mixing of several kinds of sliced, chopped, or diced fruits or vegetables for packaging in any type of containers, pasteurization, homogenization, and grading.

History

Statutory Authority: MS s 27.14
History: 16 SR 2441

The definitions in items A and B apply to this part.

A. "Mediation" is a process by which the parties to a dispute jointly explore and resolve all or a part of their differences with the assistance of a neutral person. The mediator's role is to assist the parties in resolving the dispute themselves. The mediator has no authority to impose a settlement.

B. "Arbitration" is a process by which the parties to a dispute submit their differences to the judgment of an impartial party. The arbitrator's role is to hear the parties' arguments and issue a decision (grant an award) resolving the dispute.

Subp. 2. Procedure.

If mediation or arbitration services are requested, the commissioner may refer the parties to outside mediation or arbitration services or conduct the services within the Department of Agriculture. Mediation and arbitration activities of the commissioner must be conducted according to Minnesota Statutes, chapter 572.

Subp. 3. Required clauses.

Mediation or arbitration clauses are required in all contracts signed by Minnesota producers.

History

Statutory Authority: MS s 27.14
History: 16 SR 2441

Minn. R. 1500.1000 [Repealed, 16 SR 2441]

[Repealed, 16 SR 2441]

Minn. R. 1500.1001 Parent Company

Subpart 1. Voting power.

A corporation, partnership, or association that directly, or indirectly through related entities, owns more than 50 percent of the voting power of the shares entitled to vote for directors of a subsidiary corporation is liable to a seller of agricultural commodities for any unpaid claim or contract performance claim of that subsidiary corporation.

Subp. 2. Management or control.

A corporation, partnership, or association that directly, or indirectly through related entities, provides more than 50 percent of the management or control of a subsidiary is liable to the seller of an agricultural commodity for any unpaid claim or contract performance claim of the subsidiary.

History

Statutory Authority: MS s 27.14
History: 16 SR 2441

Minn. R. 1500.1100 [Repealed, 16 SR 2441]

[Repealed, 16 SR 2441]

Minn. R. 1500.1101 Wholesale Produce Dealers Trust

Subpart 1. Scope.

The requirements of this part cover all transactions existing as of and entered into on or after May 18, 1992, that have been issued under Minnesota Statutes, section 27.137.

Subp. 2. Definitions.

The definitions in this subpart apply to parts 1500.1101 and 1500.1201.

A. "Calendar days" means every day of the week, including Saturdays, Sundays, and holidays except that if the 40th calendar day falls on a Saturday, Sunday, or holiday, the final day with respect to the time for filing a beneficiaries' notice is the next day upon which there is a postal delivery service.

B. "Default" means the failure to pay promptly money owed by the due date.

C. "Dissipation" means an act or failure to act that could result in the diversion of trust assets or that could prejudice or impair the ability of unpaid suppliers, sellers, or agents to recover money owed in connection with produce transactions.

D. "Due date" means ten days from the date of delivery of produce by the seller to the licensee if the due date is not specified in a contract between the parties. Otherwise, the due date is the contract due date.

E. "Received" means the time when the buyer, receiver, or agent gains ownership, control, or possession of produce, except that if produce has not been received as described above and if there is a rejection without reasonable cause, the goods must be considered to have been received when proffered.

F. "Trust assets" means produce received in all transactions, all inventories of food or other products derived from that produce, and all receivables or proceeds from the sale of that produce and derived food or products. Trust assets must be preserved as a nonsegregated floating trust. Commingling of trust assets is contemplated.

Subp. 3. Beneficiaries' notice.

Wholesale produce dealers acting on the behalf of others have the duty to preserve their principals' rights to trust benefits by filing a timely beneficiaries' notice provided by the commissioner with their principal, the produce buyer, the commissioner, and the Secretary of State, 180 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., Saint Paul, Minnesota 55155.

Subp. 4. Trust maintenance.

Wholesale produce dealers are required to maintain trust assets so that the assets are freely available to satisfy outstanding obligations to sellers of produce. An act or omission that is inconsistent with this responsibility, including dissipation of trust assets, is unlawful and constitutes irreparable injury and harm.

Subp. 5. Valid claim.

A claim is valid if the claim form identifies the product and the amount due and a beneficiaries' notice is filed with the wholesale produce dealer to whom the produce was transferred, the commissioner, and the secretary of state by 40 days after the due date.

History

Statutory Authority: MS s 27.14
History: 16 SR 2441

Minn. R. 1500.1200 [Repealed, 16 SR 2441]

[Repealed, 16 SR 2441]

Minn. R. 1500.1201 Notice of Payment Protection

Wholesale produce dealers who purchase produce from sellers inside the state of Minnesota must provide the following notice of payment protection, in at least ten point, all capital type, to each seller of produce on or before payment is due:

WE ARE A LICENSED AND BONDED MINNESOTA WHOLESALE PRODUCE DEALER. AS A SUPPLIER OF PRODUCE, YOU ARE PROTECTED BY A BOND AND A WHOLESALE PRODUCE DEALERS TRUST IF YOU FILE A CLAIM WITHIN 40 DAYS AFTER THE DUE DATE WITH THE MINNESOTA DEPARTMENT OF AGRICULTURE. FOR FURTHER INFORMATION, CALL 1-800-967-2474

Wholesale produce dealers need only notify each of their sellers once. A new seller must be notified on or before the time a seller is to receive his or her first payment.

History

Statutory Authority: MS s 27.14
History: 16 SR 2441; 29 SR 655

Minn. R. 1500.1300 [Repealed, 16 SR 2441]

[Repealed, 16 SR 2441]

Minn. R. 1500.1301 Commitment to Pay

Subpart 1. Terms of commitment.

A processor may use a pooling arrangement to partially or fully meet the statutory obligation to pay the full contract price for produce committed for.

Subp. 2. Contracts with pool arrangements.

If contracts contain pool arrangements, the processor shall pay a minimum of 50 percent, with the remainder of the pool to be paid for by the growers or others.

For purposes of determining compensation, yield and grade of unharvested acreage must be based on the actual yield and grade of a part of the grower's field that has been harvested for the purpose of determining yield and grade.

If it is impossible or impractical to harvest part of a grower's field, the grower and processor may agree on the method for determining yield and grade.

A grower who disagrees with the processor's determination of compensation may contact the Department of Agriculture for mediation or arbitration services to resolve the dispute.

Subp. 3. Statement of aggregate disposition of passed acreage funds.

At the end of each season after passed acreage totals have been determined, each processor whose contract provides for a pooling arrangement shall provide contract growers with a statement summarizing the aggregate disposition of passed acreage funds. The statement must be provided to each grower with the grower's final paycheck. At a minimum, the statement must include:

A. the total amount of acreage left unharvested by the processor;

B. the amount of unsuitable acreage abandoned by the processor and the aggregate compensation paid for that acreage;

C. the amount of suitable acreage passed by the processor and the total passed acreage compensation paid for that acreage;

D. total grower contributions to the passed acreage pool;

E. total processor contributions for passed acreage compensation; and

F. total payment to growers, broken down into number of growers being paid, amount of acreage paid for, and total payment to all growers for passed acreage.

History

Statutory Authority: MS s 27.14
History: 16 SR 2441

Minn. R. 1500.1400 [Repealed, 16 SR 2441]

[Repealed, 16 SR 2441]

Minn. R. 1500.1401 Unfair Trade Practices

It is unlawful in or in connection with any produce transaction:

A. for a wholesale produce dealer to make, for a fraudulent purpose, a false or misleading statement in connection with a transaction involving produce, including statements made to induce a person to sign a contract;

B. for a wholesale produce dealer to misrepresent by word, act, mark, stencil, label, statement, or deed, the character, kind, grade, quality, quantity, size, pack, weight, condition, degree of maturity, or origin of any produce received, shipped, sold, or offered to be sold;

C. for a wholesale produce dealer, for a fraudulent purpose, to remove, alter, or tamper with a card, stencil, stamp, tag, or notice placed upon a container or railroad car containing produce, if the card, stencil, stamp, tag, or notice contains a certificate or statement under authority of a federal or state inspector or in compliance with a federal or state law or regulation as to the grade or quality of the produce contained in the container or railroad car;

D. for a wholesale produce dealer to use coercion, intimidation, the threat of retaliation, or the threat of contract termination to impose, demand, compel, or dictate the terms, payment or manner of payment, or the signing of a contract by a producer;

E. for a wholesale produce dealer, without the consent of an inspector, to make, cause, or permit to be made any change by way of substitution or otherwise in the contents of a load or lot of produce after it has been officially inspected for grading and certification. This does not prohibit resorting and discarding inferior produce; or

F. for a processor to commit to pay an amount less than the full contract price if the crop produced is satisfactory for processing and is not harvested for reasons within the processor's control. If the processor sets the date for planting, bunching, unusual yields, or a processor's inability or unwillingness to harvest are considered to be within the processor's control. Under this item, growers must be compensated for passed acreage at the same rate they would have received had the crop been harvested minus any contractual provision for green manure or feed value. Both parties are excused from payment or performance for crop conditions that are beyond the control of the parties.

History

Statutory Authority: MS s 27.14
History: 16 SR 2441

Minn. R. 1500.1500 [Repealed, 16 SR 2441]

[Repealed, 16 SR 2441]

Minn. R. 1500.1501 Federal Preemption

If federal and state regulation are identical, federal jurisdiction and enforcement control unless the federal authority decides not to enforce the regulation.

History

Statutory Authority: MS s 27.14
History: 16 SR 2441

Minn. R. 1500.1600 [Repealed, 16 SR 2441]

[Repealed, 16 SR 2441]

Minn. R. 1500.1700 [Repealed, 16 SR 2441]

[Repealed, 16 SR 2441]

Minn. R. 1500.1800 Confirmation of Produce Sales Contract

Whenever a contract is entered into between the purchaser and the seller or the seller's agent for the purchase of farm produce and a confirmation is submitted by either the seller or agent, unless the purchaser refuses to accept the confirmation by promptly notifying the seller or agent to the effect that the confirmation is not in accordance with the contract, by personal notification or wire, the said confirmation shall be considered binding.

History

Statutory Authority: MS s 27.14
History: 17 SR 1279

Minn. R. 1500.1900 [Repealed, 46 SR 1308]

[Repealed, 46 SR 1308]

Minn. R. 1500.2000 Inspection

When the conditions of any shipment so seized shall be deemed to be such as to demand immediate disposal in order to prevent material loss to the shipper, and the shipper cannot be located or does not reply promptly to notification of the commissioner, the commissioner shall order an inspection to be made as to the amount, quality, and condition of produce so shipped, and a copy of such inspection shall be held for the information of the shipper.

History

Statutory Authority: MS s 27.14

Minn. R. 1500.2100 Escrow in Behalf of Shipper

The produce shall then be delivered by order of the commissioner to a licensed dealer at wholesale who shall sell the same for the account of the shipper, returning the proceeds of said sale, less the expense incurred thereof, to the commissioner to be held in escrow in behalf of the shipper. Said moneys so received and accounted for shall be delivered to the shipper upon demand and proof of ownership.

History

Statutory Authority: MS s 27.14
History: 17 SR 1279

The following terms have the meaning given to them.

Subp. 2. Agricultural commodity.

"Agricultural commodity" includes all agricultural goods produced by associations for marketing individually or collectively under contract with handlers, and consists of any materials produced for but not limited to use in or as food, feed, seed, or fiber, and includes but is not limited to crops for fiber, food, oil seeds, seeds, livestock, livestock products, poultry, poultry products, and other products or by-products of the farm produced for the same or similar use.

Subp. 3.

[Repealed, 24 SR 1451]

Subp. 4. Marketing year.

"Marketing year" means, generally, any time between the second day of February of the previous calendar year and the first day of February of the subsequent year, unless the commissioner, pursuant to part 1500.3600, determines an alternative time period for a specific agricultural commodity to be designated as its marketing year.

History

Statutory Authority: MS s 17.701
History: 24 SR 1451

Minn. R. 1500.3400 Value Limits for Producer Acting as Handler

A producer who markets agricultural commodities produced by other producers shall be classed as a handler only when the value of the agricultural commodity obtained from other producers exceeds $25,000 in any marketing year.

History

Statutory Authority: MS s 17.701
History: 17 SR 1279

Minn. R. 1500.3500 Processing Fees for Accreditation

At the time an association requests accreditation by the commissioner for bargaining purposes such request shall be accompanied by a fee of $100. The commissioner shall determine actual costs connected with such accreditation including hourly wage, travel, and subsistence, search for information, correspondence, and any other expense incurred during the accreditation, and shall deduct the total from the accreditation fee. If there is a residue, it shall be returned to the association, and if the fee fails to cover the expense of the commissioner for accreditation, the commissioner shall bill the association, which shall pay said additional fee as billed before final accreditation.

History

Statutory Authority: MS s 17.701
History: 17 SR 1279

Minn. R. 1500.3600 Alternate Marketing Year

If either the association or the handler requests that an alternative time period for a specific agricultural commodity be designated as its marketing year, the commissioner shall call for a hearing on ten days written notice to both the handler and the association, shall hear all the testimony, and on determining that an alternate marketing year is justified, shall so notify both the association and the handler. However, any requests for an alternative marketing year must be presented to the commissioner at least 90 days before the presently existing start of the marketing year in question.

History

Statutory Authority: MS s 17.701
History: 17 SR 1279

Minn. R. 1500.3700 [Repealed, 24 SR 1451]

[Repealed, 24 SR 1451]

Minn. R. 1500.3800 [Repealed, 24 SR 1451]

[Repealed, 24 SR 1451]

Chapter 1502 FARMER-LENDER MEDIATION

Minn. R. 1502.0001 Scope

Parts 1502.0001 to 1502.0026 are adopted by the Department of Agriculture under Minnesota Statutes, section 583.285, and govern the procedures to be followed in farmer-lender mediation held under the Farmer-Lender Mediation Act. Mediation begun or concluded before the adoption of parts 1502.0001 to 1502.0026 is not void for lack of compliance with those parts.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418

Minn. R. 1502.0002 Definitions

Subpart 1. Scope.

The definitions in this part and Minnesota Statutes, section 583.22, apply to parts 1502.0001 to 1502.0026.

Subp. 2.

[Repealed, 28 SR 1360]

Subp. 3. Farmer-Lender Mediation Act.

"Farmer-Lender Mediation Act" means Minnesota Statutes, sections 583.20 to 583.32.

Subp. 4. Mediation notice.

"Mediation notice" means the mediation notice served by an initiating creditor under Minnesota Statutes, section 336.9-501, 505.365, 559.209, or 581.015.

Subp. 5. Mediation proceeding notice.

"Mediation proceeding notice" means the mediation proceeding notice sent by the statewide program office under Minnesota Statutes, section 583.24, subdivision 4.

Subp. 6. Proceeding.

"Proceeding" means the process required by law, security agreement, lease agreement, or contract for enforcing a debt against agricultural property under Minnesota Statutes, chapter 580 or 581, or sections 336.9-501 to 336.9-508, terminating a contract for deed to purchase agricultural property under Minnesota Statutes, section 559.21, or garnishing, levying on, executing on, seizing, or attaching agricultural property.

Subp. 7. Send.

"Send" means to mail by first class mail.

Subp. 8. Statewide program office.

"Statewide program office" means the Farmer-Lender Mediation Statewide Program Office of the University of Minnesota Extension Service.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0003 Administration

The director of Minnesota extension services shall administer the Farmer-Lender Mediation Act subject to the delegation power prescribed in Minnesota Statutes, sections 583.22, subdivision 5, and 583.23, subdivision 3. Under the delegation power in Minnesota Statutes, section 583.22, subdivision 5, the statewide program office is the director's designee as provided in parts 1502.0001 to 1502.0026 and for purposes of service, filing, and other purposes specified by the director.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0004 Responsibilities

The director's responsibilities under the Farmer-Lender Mediation Act include, but are not limited to, the following:

A. The director shall provide training in mediation techniques to mediators. The training must include training on mediation process, skills, and farm finance issues in mediation.

B. The director shall provide support to mediators, including, but not limited to, technical assistance in complying with parts 1502.0001 to 1502.0026 and the Farmer-Lender Mediation Act, clerical support, postage, and other necessary supplies.

C. The director shall provide training in farm financial analysis (FINPAC) computer software to financial analysts.

D. The director shall set the compensation of mediators and financial analysts and shall reimburse them upon submission of expense claims.

E. The director shall coordinate community legal education programs for farmers.

F. The director shall collect and maintain accurate statistical data on the program.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418

Minn. R. 1502.0005 Forms

The director shall make forms for mediation under the Farmer-Lender Mediation Act available through the statewide program office for use by debtors, creditors, and mediators.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0006 Substantive Rights

The fact that the director or director's designee has in any way acted upon a request for mediation does not determine the substantive rights of the debtor or creditors under the Farmer-Lender Mediation Act or parts 1502.0001 to 1502.0026.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0007 Filing and Withdrawal of Mediation Request

A debtor must file a mediation request form with the statewide program office within 14 days after receiving a mediation notice. A debtor may withdraw a mediation request at any time before 14 days after receiving a mediation notice. The debtor's withdrawal must be in writing. Withdrawal of the mediation request constitutes a waiver of the debtor's right to mediate the debt that initiated the service of the mediation notice under the Farmer-Lender Mediation Act unless the debtor refiles the mediation request within the 14 days permitted to file the original mediation request.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0008 Failure to Request Mediation

The creditor must serve the mediation notice on the statewide program office within three days of service of the notice on the debtor. If a debtor fails to file a timely mediation request or withdraws a mediation request, the statewide program office shall send a copy of the Extension Notice of Debtor(s) Failure to Request Mediation (Form 3) to the debtor and the creditor who served the mediation notice. The extension Notice of Debtor(s) Failure to Request Mediation (Form 3) must be sent within 20 days after service of the mediation notice on the debtor or within three days after the creditor's filing with the statewide program office proof of the date of service of the mediation notice, whichever is later.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0009 Cancellation of Mediation Proceeding

Subpart 1. Cure of default.

If the debtor cures the default of the debt specified in the mediation notice before the first mediation meeting, the statewide program office shall cancel the mediation proceeding upon receipt of a written statement from the debtor and creditor indicating that the default has been cured.

Subp. 2. Agreement reached before the first mediation meeting.

If the debtor and the creditor who served the mediation notice have reached an agreement before the first mediation meeting, the statewide program office shall cancel the mediation proceeding upon receipt of a written statement from the creditor and debtor indicating that an agreement has been reached.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0010 Proof of Filing Mediation Request

When a debtor files a mediation request with the statewide program office, the mediation request must be filed by certified mail using return receipt, by actual delivery of the mediation request with a signed receipt of the statewide program office, by facsimile with a receipt returned by facsimile, or electronically with a receipt returned electronically.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0011 Creditor Claim Forms for Debts Not Subject to Mediation

Subpart 1. Supporting documents.

A creditor owed a debt not subject to the Farmer-Lender Mediation Act under Minnesota Statutes, section 583.26, subdivision 4, paragraph (f), must return a claim form specifying why the debt is not subject to the Farmer-Lender Mediation Act to the statewide program office and attach the documents indicated for the debts listed in items A to E.

A. for a debt that has been in bankruptcy under Minnesota Statutes, section 583.24, subdivision 4, paragraph (a), clause (1), either a copy of the proof of claim form filed in bankruptcy, a copy of the bankruptcy petition in which the debt is listed as a scheduled debt, or a notice of petition for bankruptcy in which the debt is listed as a scheduled debt;

B. for a debt in default and mediated under Minnesota Statutes, section 583.24, subdivision 4, paragraph (a), clause (2):

C. for a debt, if the debtor did not request mediation and the creditor proceeded to enforce the debt under Minnesota Statutes, section 583.24, subdivision 4, paragraph (a), clause (3):

D. for a debt that is not subject to mediation under Minnesota Statutes, section 583.24, subdivision 4, paragraph (a), clause (5), because there is a lien under Minnesota Statutes, section 514.661 or 559.2091, a copy of the lien statement under Minnesota Statutes, section 514.661 or 559.2091, indicating that the filing officer has received and filed the lien statement; and

E. for a debt restructured in mediation under Minnesota Statutes, section 583.24, subdivision 4, paragraph (a), clause (4):

Subp. 2. Notification of debt not subject to mediation.

If a creditor returns a claim form with the documents required under subpart 1, items A to E, the statewide program office shall determine from the documents whether the debt is subject to the Farmer-Lender Mediation Act. The statewide program office shall notify the debtor, creditor, and mediator of the determination.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0012 Financial Analyst and Farm Advocate

Within three business days of receiving a mediation request, the statewide program office shall provide a financial analyst to meet with the debtor at the orientation session and as necessary to prepare the debtor's records before the initial mediation meeting. The statewide program office shall provide the debtor with information on obtaining, without charge, a Department of Agriculture farm advocate to assist the debtor. This information must include a list of farm advocates and an explanation of the farm advocates services, as provided by the Minnesota Farm Advocate Program. The statewide program office shall provide the debtor with information on the availability of legal assistance to financially eligible debtors through the Minnesota Family Farm Law Project.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0013 Computation of Time Periods

In computing any period by parts 1502.0001 to 1502.0026, by court order, or under the Farmer-Lender Mediation Act, the day of the last act, event, or default from which the designated period begins to run must not be included. The last day of the computed period must be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. When the period prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays must be excluded in the computation.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418

Minn. R. 1502.0014 Orientation Session

At the orientation session, the mediator must inform the debtor and creditors of their right to seek counsel regarding the legal and tax consequences of documents and agreements. At the debtor's request, the financial analyst shall meet in private with the debtor at intervals during the orientation session.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418

Minn. R. 1502.0015 Selection of Mediator

Subpart 1. Procedure.

The initiating creditor and the debtor may strike one name from the mediator list by sending the statewide program office a notice to that effect. The notice must be mailed within three days of the date the debtor or creditor received the mediation proceeding notice.

Subp. 2. Replacement mediator.

If the appointed mediator withdraws from the case, the farmer-lender mediation coordinator of the statewide program office shall appoint a replacement mediator not previously stricken from the mediator list by the debtor or the initiating creditor, or if an unstricken mediator is not available, the farmer-lender mediation coordinator of the statewide program office shall appoint an available mediator, subject to the disapproval of either the debtor or creditor, upon a showing of conflict of interest.

Subp. 3. Comediators.

At the discretion of the statewide program office, more than one mediator may be assigned to a mediation proceeding.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0016 Duties of Mediator

At the initial mediation meeting and subsequent meetings, the mediator shall:

A. perform the duties prescribed in Minnesota Statutes, section 583.26, subdivision 6, paragraph (b);

B. review the debtor's and creditors' rights and obligations in the mediation process;

C. explain the rules of conduct for mediation meetings;

D. explain the confidentiality of mediation; and

E. facilitate written agreement on:

History

Statutory Authority: MS s 583.285
History: 14 SR 1418

Minn. R. 1502.0017 Mediation Process

Subpart 1. Combined proceeding for more than one debtor.

The statewide program office shall combine all mediation notices for more than one debtor into one mediation proceeding if the debtors are liable for the same debt or a portion of the same debt on a single piece of agricultural property.

Subp. 2. Combined proceeding for more than one mediation notice.

The statewide program office shall combine all mediation notices for the same debtor that are received before the initial mediation meeting into one mediation proceeding. It shall be at the statewide program office's discretion as to how to proceed if a mediation notice is served on a debtor between the time of the initial mediation meeting and the end of the mediation period.

Subp. 3. Meeting place and time.

The mediator shall call mediation meetings during the mediation period. The meetings must be held at a convenient and neutral place and at times as convenient as possible for the mediator, debtor, and creditors attending and participating in mediation meetings, including nights and weekends.

Subp. 4. Attendance by financial analyst, farm advocate, or attorney.

A financial analyst, farm advocate, or attorney must be permitted to attend mediation meetings at the invitation of the debtor, a creditor, or the mediator. The mediator may establish procedures to facilitate an orderly exchange of information or views, but the mediator must allow a designated representative of a creditor or debtor to speak on behalf of that creditor or debtor. A financial analyst, farm advocate, or attorney may not attend in place of a debtor or a creditor unless the mediator determines a debtor or creditor is unable to attend and the attendance of a financial analyst, farm advocate, or attorney in place of the debtor or a creditor is beneficial to the mediation.

Subp. 5. Record.

Upon completion of mediation, the mediator shall forward all documents made or used in the course of or because of mediation to the statewide program office. The documents must be kept by the statewide program office in a secure place and are subject to the confidentiality provisions of Minnesota Statutes, section 13.02, subdivisions 9 and 12.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0018 Removal of Mediator

Subpart 1. Procedure.

The mediator may be removed at any time during the mediation period upon written request of the debtor or initiating creditor. This request must be sent to the statewide program office who, upon receipt of the agreement, shall assign an available replacement mediator not previously stricken from the mediator list by the debtor or initiating creditor to participate in the mediation or if an unstricken mediator from the list is not available, the statewide program office must assign an available mediator subject to the disapproval of either the debtor or creditor upon a showing of conflict of interest.

Subp. 2. Limitation.

The debtor and initiating creditor may each remove only one mediator during a mediation proceeding.

Subp. 3. Time periods unaffected.

Time periods in the Farmer-Lender Mediation Act and parts 1502.0001 to 1502.0026 are not affected by the removal of a mediator.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0019 Mediation Agreement

Subpart 1. Final meeting.

The mediator may hold a final meeting for the purpose of signing the mediation agreement if the mediator determines that a final meeting is necessary to conclude the mediation within the mediation period.

Subp. 2. Copies to other creditors.

Copies of the signed agreement must be sent to all creditors who have filed claim forms within three days of the signing of the agreement by the debtor and creditors.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418

Minn. R. 1502.0020 Rejection of Debt Restructuring Alternatives

A written statement of why alternatives are unacceptable under Minnesota Statutes, section 583.27, subdivision 1, clause (4), must identify the particular items in each proposal that are unacceptable and state the specific reason for rejection of each item.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418

Minn. R. 1502.0021 Abusive Behavior

Lack of good faith may include abusive behavior on the part of the debtor or a creditor or a person assisting the debtor or a creditor.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418

Minn. R. 1502.0022 Lack of Good Faith Affidavit

If the mediator determines that a debtor or a creditor is not participating in good faith, the mediator shall file an affidavit indicating the reasons for the finding with the statewide program office, the debtor, and the creditors.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0023 Creditor's Lack of Good Faith

If the mediator finds the creditor has not participated in mediation in good faith, the debtor may require court-supervised mediation by:

A. filing the mediator's affidavit with the district court of the county of the debtor's residence with a request for court supervision of mediation;

B. serving a copy of the request with each creditor; and

C. sending a copy of the affidavit to the statewide program office. The request must be filed with the court within ten days of receipt of the lack of good faith affidavit by the debtor or within 90 days after the debtor filed the mediation request with the statewide program office, whichever is later.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0024 Documents Necessary for Mediation

Not participating in good faith may include failure of the debtor or creditor to provide the following records and documents if the mediator determines that they are necessary:

A. a current, signed financial statement of assets and liabilities;

B. a copy of the most recent depreciation schedule;

C. farm record books for the past three years or evidence of crop and livestock production;

D. projected farm budget for the current 12 months;

E. copies of any other legal documents that are necessary for the mediation and pertain to the farm business;

F. copies of FINPACK printout analysis for the farm operation where applicable;

G. appraisals, including in-house appraisals, of the debtor's property; and

H. worksheets on foreclosure cost analysis, if any have been done by the lender.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418

Minn. R. 1502.0025 Court-Supervised Mediation

Subpart 1. List of mediators.

If requested to do so by the court, the statewide program office shall provide the court with a list of mediators to be used in the selection of the mediator for court-supervised mediation.

Subp. 2. Suspension of remedies.

The remedies of all creditors are suspended during court-supervised mediation.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418; 28 SR 1360

Minn. R. 1502.0026 Creditor Not Attending Mediation Meeting

Subpart 1. Initiating creditor.

The initiating creditor shall not file a proof of claim form in lieu of attending meetings.

Subp. 2. Good faith.

Creditors who file claim forms are bound by the good faith requirements of the Farmer-Lender Mediation Act.

Subp. 3. Written objection.

To object to the provisions of a mediation agreement, a creditor who files a claim form in lieu of attending mediation meetings shall serve a written objection to the terms of the agreement on the mediator and the debtor within ten days after receiving the mediation agreement. The written objection must identify the particular items in the agreement that are unacceptable and state the specific reason for rejection of each item.

Subp. 4. New mediation.

Upon receiving the objection, the mediator shall meet again with the debtor and creditors to mediate a new agreement. Mediation meetings must take place within ten days of the receipt of the written objections to the terms of the agreement.

Subp. 5. Required attendance.

A creditor who files an objection shall attend and participate in any meeting held under subpart 4, unless the mediator determines there is a good reason why the creditor is unable to attend.

History

Statutory Authority: MS s 583.285
History: 14 SR 1418

Minn. R. 1502.0027 Advocate Services Fees

As allowed in Minnesota Statutes, section 17.03, subdivision 9, the Department of Agriculture shall charge $15 per hour following a free two-hour consultation for farm advocate services. The department shall waive the fees upon proof that the farm advocate's client has a reportable federal adjusted gross income of $15,000 or less and a debt to asset ratio of greater than 50 percent.

History

Statutory Authority: MS s 16A.128
History: 17 SR 922

Subpart 1. Scope.

The definitions in this part apply to parts 1505.0752 to 1505.0758.

Subp. 2. Commissioner.

"Commissioner" means the commissioner of agriculture or an authorized agent and may include a county agricultural inspector.

Subp. 3. Control program.

"Control program" means the administration and enforcement of laws and rules pertaining to seeds, noxious weeds, screenings, pesticides, fertilizers, feed, or insect pests.

Subp. 4. County agricultural inspector.

"County agricultural inspector" means an individual appointed by the county board of commissioners under Minnesota Statutes, section 18.80, subdivision 1.

Subp. 5. Enforcement action.

"Enforcement action" means an administrative or legal proceeding used by the commissioner, a county agricultural inspector, or a local weed inspector to carry out duties under Minnesota Statutes, sections 18.79, subdivision 1, and 18.81, subdivisions 1 and 2.

Subp. 6. Local weed inspector.

"Local weed inspector" means the supervisor of a township board or the mayor of a city when they assume the duties of their office or their appointed assistant under Minnesota Statutes, section 18.80, subdivisions 2 and 3.

Subp. 7. Municipality.

"Municipality" means a home rule charter or statutory city or a township.

Subp. 8. Noxious weed.

"Noxious weed" means an annual, biennial, or perennial plant that the commissioner designates to be injurious to public health, the environment, public roads, crops, livestock, or other property.

History

Statutory Authority: MS s 18.79
History: 20 SR 63

Minn. R. 1505.0752 [Repealed, 33 SR 8]

[Repealed, 33 SR 8]

Minn. R. 1505.0754 Work Plans and Performance Evaluations for County Agricultural Inspectors

Subpart 1. Work plans.

A detailed plan of work to be accomplished by each county agricultural inspector must be jointly developed each year by the commissioner and the county agricultural inspector. A separate work plan must be developed for each of the control programs involving seed, noxious weed, and screenings. If participation in the control programs for feed, fertilizer, pesticide, and insect pests is requested by the commissioner, a separate work plan must also be developed for each program. The plan must list the individual tasks, the amount of time sufficient to complete them, the amount of training required, and the budget necessary. The plan must be submitted to the board of county commissioners each year for its approval of the amount of time and the budget needed.

If the commissioner requests participation in the feed, fertilizer, pesticide, and insect pest control programs, the written request to do so must accompany the work plan.

Subp. 2.

[Repealed, 33 SR 8]

History

Statutory Authority: MS s 14.05; 16A.1283; 18.79; 21.85; 223.19
History: 20 SR 63; 33 SR 8

Minn. R. 1505.0756 Training Requirements and Authorized Agent Status for County Agricultural Inspectors

Subpart 1. Training requirements.

A. To meet qualifications as a county agricultural inspector in the control programs for noxious weed, seed, and screenings as required by Minnesota Statutes, section 18.80, subdivision 1, each county agricultural inspector must complete at least 40 hours of approved training in the first year of employment, and 20 hours in each succeeding year as follows:

B. To meet qualifications as a county agricultural inspector in the control programs for feed, fertilizers, pesticides, and insect pests, the participating county agricultural inspector must meet the criteria in part 1505.0754, subpart 2, for all assigned tasks in the noxious weed, seed, and screenings control programs and must complete the number of hours of training required by the county work plan for each program specified in part 1505.0754, subpart 1.

Subp. 2.

[Repealed, 33 SR 8]

History

Statutory Authority: MS s 14.05; 16A.1283; 18.79; 21.85; 223.19
History: 20 SR 63; 33 SR 8

Minn. R. 1505.0758 Meetings and Reports Required of Inspectors

Subpart 1. Meetings.

A. The commissioner shall provide written notice to county agricultural inspectors of meetings they are required to attend. County agricultural inspectors shall attend the following meetings according to Minnesota Statutes, section 18.79, subdivision 7, to receive the training considered necessary by Minnesota Statutes, section 18.79, subdivision 6:

B. The commissioner shall provide written notice to local weed inspectors for all meetings they are required to attend. Local weed inspectors are required to attend the following meetings according to Minnesota Statutes, section 18.79, subdivision 7, to receive the training considered necessary by Minnesota Statutes, section 18.79, subdivision 6:

Subp. 2. Reports.

A. The following reports are required from county agricultural inspectors according to Minnesota Statutes, section 18.79, subdivision 7, as a record of their activities in performing the duties assigned to them in Minnesota Statutes, section 18.81, subdivision 1:

B. An annual report must be compiled by the local weed inspector and submitted from each municipality to the county agricultural inspector in the county where the municipality is located. This report is required of local weed inspectors according to Minnesota Statutes, section 18.79, subdivision 7, and it serves as a record of their activities in performing the duties assigned to them in Minnesota Statutes, section 18.81, subdivision 2.

History

Statutory Authority: MS s 18.79
History: 20 SR 63

Minn. R. 1505.0760 [Repealed, 27 SR 1820]

[Repealed, 24 SR 1451]

Minn. R. 1505.0960 Reexamination Procedures

If any applicant fails to achieve a passing score on any examination, the applicant shall be eligible to retake the examination. A failing applicant may retake an examination no more than three times in one year. Upon submission to the commissioner in writing of specific reasons within 30 days from the date of notification of failure of third retaken examination, an appeal of the score may be made.

History

Statutory Authority: MS s 14.3895; 18B.39
History: 41 SR 799

Minn. R. 1505.0970 [Repealed, 24 SR 1451]

[Repealed, 24 SR 1451]

Minn. R. 1505.0980 Private Applicator Certification; Prohibitions; Restrictions

Subpart 1. Certification requirements.

A private applicator is considered certified if the private applicator has, within the past three years, completed one or more of the following state-approved certification programs:

A. a pesticide training session; or

B. a written or oral examination.

Subp. 2. Prohibition on purchasing or making restricted use pesticides available to uncertified persons.

A person must not purchase a restricted use pesticide for or make a restricted use pesticide available for use by a person who is not licensed or certified.

As used in this subpart, "purchase" means to buy or obtain a restricted use pesticide in exchange for money or something else of value. A purchase has not been completed under this part unless the restricted use pesticide is picked up by or delivered to a person.

Subp. 3. Restrictions on taking possession of restricted use pesticides by uncertified persons.

A person who is uncertified may take possession of a restricted use pesticide from a pesticide dealer by pick up, delivery, or similar activity for use by a licensed or certified person if:

A. the licensed or certified person to whom the restricted use pesticide is being made available has a valid license or certification as verified by providing the original or facsimile of the licensed or certified person's applicator card to the pesticide dealer, or by providing the licensed or certified person's license or certification number with the expiration date to the pesticide dealer; and

B. the uncertified person discloses the person's name and address to the pesticide dealer.

History

Statutory Authority: MS s 14.3895; 18B.06; 18B.39
History: 20 SR 759; 50 SR 1135

C. when an examination is involved, the subject matter and difficulty of the examination is equivalent to the examination for which the alternative is granted;

D. the intent of the act and parts 1505.0830 to 1505.1290 is not violated; and

E. the environment or the public will not be adversely affected by the alternative requirements or procedures.

History

Statutory Authority: MS s 18B.39

A pesticide dealer licensed under Minnesota Statutes, section 18B.31, may offer for sale, sell, and as provided in subpart 3 make restricted use pesticides available to an unlicensed or uncertified person for application by a person licensed or certified under Minnesota Statutes, sections 18B.29 to 18B.36.

Subp. 3. Making restricted use pesticides available; record keeping.

A. A restricted use pesticide is considered to be made available when it is picked up by or delivered to a person.

B. At the time a restricted use pesticide is made available to a person, the pesticide dealer or a person working under the supervision of the pesticide dealer must obtain:

C. All information required under item B must be recorded, either manually or on a computer, by the end of the business day in which a restricted use pesticide is made available to a person. All records must be kept on forms provided by the commissioner. Records may be kept by computer if all information required in item B is included in the computer record.

History

Statutory Authority: MS s 14.3895; 18B.06; 18B.39
History: 20 SR 759; 41 SR 799

Minn. R. 1505.1110 [Repealed, 24 SR 1451]

[Repealed, 24 SR 1451]

Minn. R. 1505.1120 Means of Containment

All persons storing liquid pesticides in containers of a rated capacity of 500 gallons or more shall provide a means of containment of the amount of the rated storage in the event a leak or break should occur in the original storage unit in accordance with parts 7100.0010 to 7100.0090 of the Minnesota Pollution Control Agency. Storage must be provided with suitable lock up when unattended.

History

Statutory Authority: MS s 18B.39

A. a certificate of net asset statement issued by a financial institution authorized to do business in the state by the Minnesota Department of Commerce, showing net assets available to satisfy judgments equal to or greater than $50,000;

B. a bond issued by a bonding company authorized to do business in the state by the Minnesota Department of Commerce or liability insurance issued by a company authorized to do business in the state by the Minnesota Department of Commerce for a minimum set forth in parts 1505.1250 and 1505.1260; or

C. a combination of items A and B.

History

Statutory Authority: MS s 18B.39
History: 17 SR 1279

Minn. R. 1505.1250 Limits of Liability for Commercial Pesticide Applicators

Subpart 1. Limits of liability.

Limits of liability:

A. $50,000 for bodily injury or death, each person.

B. $50,000 for bodily injury or death, each occurrence.

C. $25,000 for property damage, each occurrence.

Subp. 2. Liability insurance policy or surety bond.

The commissioner may accept a liability insurance policy or surety bond in the proper sum which has a deductible clause in an amount not exceeding $500 for aerial and ground commercial applicators.

Subp. 3. Excess liability limits.

The commissioner may, when deemed in the public interest and the intent of the act, require limits of liability in an amount in excess of those set forth in subpart 1 for an individual applicant reasonably commensurate with the applicant's possible liability exposure.

History

Statutory Authority: MS s 18B.39

Minn. R. 1505.1260 Limits of Liability for Structural Pest Control Applicators

Subpart 1. Limits of liability.

Limits of liability:

A. $100,000 for bodily injury.

B. $200,000 for bodily injury or death of two or more, each occurrence.

C. $10,000 for property damage, each occurrence.

Subp. 2. Liability insurance policy or surety bond.

The commissioner may accept a liability insurance policy or surety bond in the proper sum which has a deductible clause in an amount not exceeding $500.

Subp. 3. Excess liability limits.

The commissioner may, when deemed in the public interest and intent of the act, require limits of liability in an amount in excess of those set forth in subpart 1 for an individual applicant reasonably commensurate with the applicant's possible liability exposure.

History

Statutory Authority: MS s 18B.39

Minn. R. 1505.1270 [Repealed, 24 SR 1451]

[Repealed, 24 SR 1451]

Minn. R. 1505.1280 [Repealed, 24 SR 1451]

[Repealed, 24 SR 1451]

Minn. R. 1505.1290 Reciprocal Agreement Between States

The commissioner is authorized to enter into reciprocal agreements approved by the attorney general for form and legality with any other state which has a similar state plan for certification of pesticide applicators. Under such agreement, the designated person of the state party to the reciprocal agreement is granted full authority, including reciprocal recognition of licensing and recertification standards, training and testing procedures, and related matters in all states participating in such agreements. The commissioner reserves the right to test any applicant from another state who is seeking certification in Minnesota.

History

Statutory Authority: MS s 18B.39

"Agricultural chemical" means a pesticide as defined in Minnesota Statutes, chapter 18B, or a fertilizer, plant amendment, or soil amendment as defined in Minnesota Statutes, chapter 18C.

Subp. 3. Antipollution device.

"Antipollution device" means equipment or a device used to prevent the backflow or backsiphonage of agricultural chemicals or mixtures of agricultural chemicals and water to the groundwater or surface water from the application of agricultural chemicals through irrigation systems and includes, but is not limited to, a reduced pressure zone backflow preventer, single or double irrigation system supply check valve, air gap, vacuum relief valve, automatic low pressure drain, injection line check valve, system interlock, low pressure shutdown device, and supply tank safeguard.

Subp. 4. Automatic low pressure drain valve.

"Automatic low pressure drain valve" means a self-activating device designed and constructed to effectively and immediately drain that portion of an irrigation pipeline or conduit or check valve body whose contents could potentially enter the water supply when operation of the irrigation system pumping plant fails or is shut down.

Subp. 5. Calibration.

"Calibration" means the use of devices and procedures utilized and employed with a chemigation system to determine the rate of agricultural chemical application.

Subp. 6. Check valve.

"Check valve" means a device designed and constructed to effectively provide a positive, absolute closure of an irrigation pipeline or conduit or an agricultural chemical injection line that positively prevents the flow of a mixture of agricultural chemicals or agricultural chemicals and water to an irrigation pipeline, water supply, injection device, or supply tank when operation of the irrigation system pumping plant or agricultural chemical injection unit fails or is shut down.

Subp. 7. Chemigation system.

"Chemigation system" means a device or combination of devices having a hose, pipe, or other conduit directly connected to a water supply through which a mixture of agricultural chemicals, or agricultural chemicals and water, are injected or drawn into and applied to land, crops, or plants.

Subp. 8. Commissioner.

"Commissioner" means the commissioner of agriculture or an agent authorized by the commissioner.

Subp. 9. Department.

"Department" means the Department of Agriculture.

Subp. 10. Fertilizer chemigation.

"Fertilizer chemigation" means a process for applying fertilizers to land or crops including agricultural, nursery, turf, golf course, or greenhouse sites in or with irrigation water during the irrigation process.

Subp. 11. Incident.

"Incident" means a flood, fire, tornado, transportation accident, storage container rupture, leak, spill, emission discharge, escape, disposal, or other event that releases or immediately threatens to release an agricultural chemical accidentally or otherwise into the environment, and may cause unreasonable adverse effect on the environment. Incident does not include the legal use of an agricultural chemical.

Subp. 12. Injection unit.

"Injection unit" means an agricultural chemical injection metering pump, venturi (vacuum), pressure differential, or other metering device interlocked with the irrigation system that withdraws an agricultural chemical from a supply tank and injects the agricultural chemical into the irrigation system during a chemigation operation.

Subp. 13. Interlock.

"Interlock" means the interconnection between an irrigation pump and agricultural chemical injection unit that causes injection system shutdown.

Subp. 14. Irrigation.

"Irrigation" means the act of supplying water for agricultural and horticultural purposes to land, crops, or plants by means of pipes, hoses, sprinklers, drippers, ditches, furrows, or other devices that are connected directly to a source of ground or surface water.

Subp. 15. Low pressure shutdown device.

"Low pressure shutdown device" means a device interlocked with the irrigation system that will shut down the irrigation system when the water pressure decreases to the point where an incident may occur.

Subp. 16. Permitted-by-rule.

"Permitted-by-rule" means an applicant is considered to have a permit under part 1505.2200 to construct and operate a chemigation system if the applicant complies with parts 1505.2100 to 1505.2800, including the submission of a permit application and the required fee under part 1505.2200.

Subp. 17. Pesticide chemigation.

"Pesticide chemigation" means the process of applying pesticides to land or crops including, but not limited to, agricultural, nursery, turf, golf course, or greenhouse sites in or with irrigation water during the irrigation process.

Subp. 18. Public water supply.

"Public water supply" has the meaning given in part 4725.0100, subpart 37a.

Subp. 19. Reduced pressure zone backflow preventer.

"Reduced pressure zone backflow preventer" means a device designed to prevent backflow consisting of two spring loaded check valves with an intermediate reduced pressure zone that drains to the atmosphere by a relief valve, with a reduced pressure maintained in the intermediate zone by means of a pressure differential valve.

Subp. 20. Substantially altering.

"Substantially altering" means modifying a chemigation system by changing or adding injection units, supply tanks, safeguards, or antipollution devices described in the applicants most recently submitted permit application. Routine maintenance does not constitute a substantial alteration.

Subp. 21. Vacuum relief valve.

"Vacuum relief valve" means a device effectively designed and built to automatically relieve or break vacuum in an irrigation pipeline or conduit caused by system failure or shut down.

Subp. 22. Water supply.

"Water supply" means a source of water that is connected directly to an irrigation system such as a single well, group of wells, dug pit, lake, river, or stream.

History

Statutory Authority: MS s 18C.121; 18C.575
History: 17 SR 711; 29 SR 655

Minn. R. 1505.2200 Application; Permit; Fee and Application Renewal; Alteration; Inspection

Subpart 1. Permit required.

A person shall comply with parts 1505.2100 to 1505.2800 before applying agricultural chemicals through an irrigation system. An applicant is considered to be permitted-by-rule if the applicant is in compliance with parts 1505.2100 to 1505.2800.

Subp. 2. Initial fee; application renewal.

The application fee for an initial chemigation system permit established by Minnesota Statutes, section 18B.08, subdivision 4, or section 18C.205, subdivision 3, must be submitted with the initial chemigation system permit application. An updated chemigation system permit application must be submitted to the commissioner on forms provided by the commissioner every two years from the date of the applicant's initial submission of their permit application. No additional fee is required.

Subp. 3. Permits previously granted under repealed parts 1505.2000 to 1505.2080.

An applicant previously granted a permit under repealed parts 1505.2000 to 1505.2080 shall submit an updated permit application every two years from the effective date of parts 1505.2100 to 1505.2800. No additional fee is required.

Subp. 4. Application.

An applicant for a chemigation system permit shall apply on forms supplied by the commissioner. The application must include, at a minimum:

A. the name, address, and telephone number of the applicant to whom a permit is to be issued;

B. the number and location, by legal description, of well heads, surface water supply withdrawal points, or the public water supply that will be used in the chemigation process;

C. the estimated amounts and types of agricultural chemicals to be applied through the irrigation system;

D. diagrams or photographs of the irrigation system detailing the required antipollution devices;

E. diagrams, drawings, and calculations detailing the required safeguards of agricultural chemical storage containers at the chemigation site, if applicable;

F. the number of the applicant's Department of Natural Resources water appropriation permit, if applicable;

G. the applicant's or applicant's agent's private applicator certification or noncommercial certification number, if applicable; and

H. a description of the chemigation system inspection procedures and time frames for inspection.

Subp. 5. Chemigation system alteration.

Before substantially altering a chemigation system, an applicant shall submit a permit application form to the commissioner describing the changes to be made to the chemigation system. No additional fee is required.

An applicant is considered to be permitted-by-rule for the substantial alteration if the applicant complies with parts 1505.2100 to 1505.2800.

Subp. 6. Inspection.

Chemigation systems are subject to inspection by the commissioner or the commissioner's agent under Minnesota Statutes, section 18D.201.

History

Statutory Authority: MS s 18C.575
History: 17 SR 711

Minn. R. 1505.2300 Agricultural Chemical Application; Setbacks and Safeguarding; Antipollution Devices; Purging; Posting

Subpart 1. Application of agricultural chemicals through irrigation systems.

A. A pesticide may be applied through an irrigation system only if the pesticide is labeled for the method and device specified for application, the crop, and application site.

B. Fertilizers may be applied through irrigation systems.

Subp. 2. Setbacks and safeguarding.

A. Agricultural chemical storage areas and supply tanks, the end of the discharge hose for check valve drain lines, and agricultural chemical mixing and loading areas must not be located closer to a water supply well than the distance specified in chapter 4725. If not specified in chapter 4725, the minimum setback distance for agricultural chemical storage areas and supply tanks, the end of the discharge hose for check valve drain lines, and mixing and loading areas from the water supply must be the same as the minimum setback distance specified in chapter 4725 for agricultural chemical supply tanks and agricultural chemical mixing and loading areas used for chemigation.

B. An agricultural chemical supply tank must be safeguarded if the tank storage meets at least two of the following conditions:

C. If required, agricultural chemical supply tanks must be confined to a safeguard that is adequate in the event of a release to prevent movement of the agricultural chemical to the water supply. The safeguard must consist of a wall and liner or prefabricated basin as specified in item E.

D. The capacity of the safeguard for an agricultural chemical supply tank must be at least equal to the sum of all of the following:

E. The walls and base of a safeguard may be made of ferrous metal, reinforced concrete, solid reinforced masonry, synthetic lined earth, or prefabricated ferrous metal or synthetic materials. The safeguard must be designed according to standard engineering practices to be leakproof and to withstand a full hydrostatic head of released liquid to the height of the safeguard.

Subp. 3. Antipollution devices.

Chemigation systems must be filled with antipollution devices as detailed in this subpart. The devices must be designed and built of materials suitable for those purposes, including agricultural chemical compatibility, and must be kept functional during chemigation. Antipollution devices may be installed as portable devices for use on other permitted chemigation systems, except that portable devices are not allowed for use on systems connected to the public water supply.

A. A mainline irrigation system supply reduced pressure zone backflow preventer or two check valves in a series must be provided for systems directly connected to a water supply, and must be located in the irrigation system supply pipeline between the irrigation system water supply pump or source of irrigation water and the point of injection of the agricultural chemical. The following additional conditions apply:

B. If a single irrigation system supply check valve or two irrigation system supply check valves in a series are used, each check valve must be equipped with an inspection port or similar device and be immediately preceded in the irrigation system by a vacuum relief valve and automatic low pressure drain valve. The inspection port must be installed on the horizontal irrigation pipeline on the supply side of each check valve in a manner that the inlet to the automatic low pressure drain can be easily observed during irrigation system shutdown. The vacuum relief valve must be installed on the top of the horizontal irrigation pipeline on the supply side of the check valve. The valve must have an orifice size of at least a three-quarter inch diameter for a four-inch pipe; a one inch diameter for a five-inch to eight-inch pipe; and a two inch diameter for a ten-inch or 12-inch pipe. The automatic low pressure drain must be provided on the bottom of the horizontal irrigation pipeline on the supply side of the check valve. The device must have an internal and external orifice size of at least a three-quarter inch diameter. If two check valves in a series are required to be used, the check valve located in line nearest to the pivot or irrigation system must meet one of the following specifications:

C. An injection line check valve that is resistant to agricultural chemicals must be provided on the agricultural chemical injection line between the point of agricultural chemical injection into the irrigation system and the agricultural chemical injection unit, pump, or solution tank, and be functional to prevent the flow of liquid from the irrigation line to the agricultural chemical injection device and the flow of liquid or material from the agricultural chemical supply tank to the irrigation line.

D. An interlock, such as electrical, pressure, mechanical, or water motor, must be provided between the irrigation system or water pump and the agricultural chemical injection unit. If interruption of the irrigation water flow occurs, the interlock must, at a minimum, cause the shutdown of the agricultural chemical injection unit.

E. A low pressure shutdown device must be used with the irrigation system that will shut down the irrigation system if the water pressure decreases to the point when an incident may occur.

Subp. 4. Purging system.

The irrigation system must be operated as necessary on each and every occasion after an agricultural chemical injection is terminated to allow for a complete purging of the agricultural chemical from the system.

Subp. 5. Posting of sites.

Sites being treated with pesticides through chemigation systems must be posted with signs during pesticide treatment. The posting of signs is governed by items A to D.

A. Signs must be in compliance with subitems (1) to (3).

B. Signs must be conspicuously placed at usual points of entry for all sites and at property corners for nongreenhouse sites that are immediately adjacent to public transportation routes or other public or private nonagricultural property, except that signs must be placed no greater than 100 feet apart for a field chemigation site that is located immediately adjacent to a public area such as a park, school, or residential area.

C. Signs must be removed after the reentry date expires unless signs are of a more permanent nature, such as laminated signs, in which case information must be updated as necessary.

D. If more restrictive instructions for posting exist on the label of the pesticide being used in chemigation, the label instructions must be totally followed.

History

Statutory Authority: MS s 14.388; 18C.121; 18C.575
History: 17 SR 711; 40 SR 71; 41 SR 1018

Minn. R. 1505.2400 Records and Reports

Pesticide chemigation system application records and fertilizer chemigation system mix and application records must be kept by the chemigation system applicant for five years from the date of application. Records detailing dates of chemigation system inspection, names of persons performing the inspection, and condition of the chemigation unit must be kept on forms provided by the commissioner. System inspection and equipment maintenance records must be retained by the chemigation system permit holder for five years.

History

Statutory Authority: MS s 18C.575
History: 17 SR 711

Minn. R. 1505.2500 Responsibility; Calibration and Operation; Inspection; Off-Target Application; Incident Prevention; Incident Reporting

A chemigation system applicant or the applicant's agent shall:

A. calibrate and operate each chemigation system in a manner that prevents an agricultural chemical incident or nonlabeled application of a pesticide;

B. inspect each chemigation system as necessary while agricultural chemicals are being applied;

C. prevent operation of a chemigation system in such a manner that agricultural chemicals are applied to an area other than an area targeted to receive an agricultural chemical application;

D. not clean agricultural chemical chemigation application, storage, pumping, or injection equipment in surface waters of the state, or fill or clean agricultural chemical chemigation application, storage, pumping, or injection equipment adjacent to surface waters, ditches, or wells where, because of the slope or other conditions, agricultural chemicals or materials contaminated with agricultural chemicals could enter or contaminate the surface waters, groundwater, or wells, as a result of overflow, leakage, or other causes; and

E. upon discovering that an incident has occurred, immediately report the incident to the commissioner.

History

Statutory Authority: MS s 18C.575
History: 17 SR 711

Minn. R. 1505.2600 Commissioner's Responsibility

The commissioner shall annually provide chemigation safety information to each chemigation system applicant.

History

Statutory Authority: MS s 18C.575
History: 17 SR 711

Minn. R. 1505.2700 Installation; Maintenance; Modification

Subpart 1. Proper installation and maintenance.

Irrigation systems, antipollution devices and valves, and agricultural chemical injection units, pumps, and solution tanks used for chemigation purposes must be installed and maintained to ensure proper functioning during chemigation. Maintenance necessary to assure proper functioning of the device must be performed before introduction of agricultural chemicals.

Subp. 2. Modification.

If modification or changes in design, technology, irrigation practices, or other similar reasons warrant the use or placement of equipment other than that specified in parts 1505.2100 to 1505.2800, the commissioner may allow the changes if protection to the water supply is at least equal to that provided by the equipment or equipment placement required in parts 1505.2100 to 1505.2800.

History

Statutory Authority: MS s 18C.575
History: 17 SR 711

Minn. R. 1505.2800 Prohibited Acts

It is a violation of Minnesota Statutes, chapters 18B and 18C, for a person to apply an agricultural chemical to land, crops, or plants in or with irrigation water in violation of parts 1505.2100 to 1505.2800. Parts 1505.2100 to 1505.2800 are enforceable under Minnesota Statutes, chapter 18D.

History

Statutory Authority: MS s 18C.575
History: 17 SR 711

Minn. R. 1505.3010 Definitions

Subpart 1. Scope.

As used in parts 1505.3010 to 1505.3150, the words and terms defined in this part have the meanings given them.

Subp. 2. Appurtenances.

"Appurtenances" means valves, pumps, fittings, pipes, hoses, and metering devices that are connected to a bulk pesticide container or used for transferring liquid bulk pesticide between containers.

Subp. 3. Bulk pesticide.

"Bulk pesticide" means a pesticide that is held in an individual container with a pesticide content of 56 U.S. gallons or more, or 100 pounds or more net dry weight, including minibulk pesticide unless otherwise specified. Only technical grade, formulated grade, and other similar grades of bulk pesticide are included in this definition.

Subp. 4. Bulk pesticide storage facility.

"Bulk pesticide storage facility" means a site at which a bulk pesticide is stored by a person who distributes or repackages the bulk pesticide.

Subp. 5. Commissioner.

"Commissioner" means the commissioner of agriculture or the commissioner's authorized agent.

Subp. 6. Containment area.

"Containment area" means a facility, device, or system or a combination of these designed to prevent the escape or movement of a pesticide from the place it is stored or kept under conditions that might otherwise result in unreasonable adverse effects on the environment.

Subp. 7. Custom mix.

"Custom mix" means a mixture of registered pesticide or pesticide-fertilizer mixes prepared by a dealer in response to a specific request of an end user of those products.

Subp. 8. Disposal.

"Disposal" means the release, deposit, injection, dumping, spilling, leaking, or placing of pesticide into or on land or water so that the pesticide may enter the environment or be emitted into the air or released into any surface water or groundwater. This definition, however, does not include pesticide use allowable under Minnesota Statutes, chapter 18B, or rules adopted under Minnesota Statutes, chapter 18B.

Subp. 9. Dry pesticide.

"Dry pesticide" means pesticide that is in solid form before application or mixing for application, including formulations such as dusts, wettable powders, dry flowable powders, and granules.

Subp. 10. Groundwater.

"Groundwater" means the water in the zone of saturation in which all of the pore spaces of the subsurface material are filled with water. The water that supplies springs and wells is groundwater.

Subp. 11. Inorganic soil.

"Inorganic soil" means a soil that is a silty clay loam or finer with less than six percent organic matter. This definition pertains to the specific type of soil used to construct walls and liners of containment areas.

Subp. 12. Liquid pesticide.

"Liquid pesticide" means pesticide in liquid form, including solutions, emulsions, suspensions, and slurries.

Subp. 13. Minibulk pesticide.

"Minibulk pesticide" means an amount of liquid pesticide greater than 56 U.S. gallons (211 liters) but not greater than 499 U.S. gallons (1,892 liters), or an amount of dry pesticide greater than 100 pounds (45 kilograms) but not greater than 499 pounds (225 kilograms), that is held in a single container designed for ready handling and transport.

Subp. 14. New bulk pesticide storage facility.

"New bulk pesticide storage facility" means a bulk pesticide storage facility established after July 1, 1989, at a site that was not previously used as a bulk pesticide storage facility. A facility is established, for purposes of this subpart, on the date it is first placed in use.

Subp. 15. Previously established bulk pesticide storage facility.

"Previously established bulk pesticide storage facility" means a bulk pesticide storage facility established before July 1, 1989. A facility is established, for purposes of this subpart, on the date it is first placed in use.

Subp. 16. Release.

"Release" means a pesticide release incident as defined in Minnesota Statutes, section 18B.01, subdivision 12, including a pesticide released into a secondary containment or loading area.

Subp. 17. Release response plan.

"Release response plan" means a plan describing procedures employed for the notification of appropriate state agencies, stopping a release, recovering releases, and cleaning up the release area.

Subp. 18. Repackaging.

"Repackaging" means a registrant's or manufacturer's authorized transfer and subsequent labeling of a registered pesticide from a bulk pesticide container to another pesticide container 56 U.S. gallons or more in an unaltered state in preparation for sale delivery to another dealer or user.

Subp. 19. Revised bulk pesticide storage permit application.

"Revised bulk pesticide storage permit application" means an application for a bulk pesticide storage permit filed with the commissioner detailing substantial alterations that are to be made to a facility.

Subp. 20. Storage container.

"Storage container" means a container used for the fixed storage of bulk pesticide, including a rail car, nurse tank, minibulk tank, or other mobile container for more than ten consecutive days. This definition does not include a container used solely for emergency storage of leaking pesticide containers that are less than 56 U.S. gallons or pesticide rinsate holding tanks.

Subp. 21. Substantially altering.

"Substantially altering" includes, but is not limited to, the modification of a bulk pesticide storage facility through the changing, addition, or removal of bulk pesticide storage containers, appurtenances, load areas, secondary containment, or any modifications that may result in reducing the effectiveness of safeguards. This definition does not include the routine maintenance of bulk pesticide storage containers, load areas, secondary containment, or appurtenances.

Subp. 22. Surface water.

"Surface water" means water that rests or flows on the surface of the ground.

History

Statutory Authority: MS s 18B.06; 18B.14
History: 14 SR 161

Minn. R. 1505.3020 New Facilities

Subpart 1. Permit required.

No person may construct or operate a new bulk pesticide storage facility without first obtaining a permit under parts 1505.3040 and 1505.3050.

Subp. 2. Information required before construction.

After being granted a permit by the commissioner, and before beginning construction of the bulk pesticide storage facility, an owner or manager shall submit to the commissioner:

A. the name, address, and telephone number of the persons who will construct, install, or modify the facility; and

B. copies of any permits or letters of authorization required by any local unit of government for the construction, installation, or modification of the facility.

Subp. 3. Compliance within 90 days.

Within 90 days after being granted a permit by the commissioner, a new bulk pesticide storage facility owner or manager shall comply with parts 1505.3010 to 1505.3150.

Subp. 4. Time extension.

The commissioner shall grant a time extension of up to 180 days for delays due to construction or equipment or material procurement if requested in writing by the facility owner or manager. The commissioner shall set forth in writing the reasons for granting or denying a requested time extension within 15 days of the request.

History

Statutory Authority: MS s 18B.06; 18B.14
History: 14 SR 161

Minn. R. 1505.3030 Previously Established Facilities

A person who operates a bulk pesticide storage facility established before July 1, 1989, must comply with items A to C.

A. The person must, by July 1, 1990, file with the commissioner an application for a bulk pesticide storage permit under parts 1505.3040 and 1505.3050 and comply with parts 1505.3010, 1505.3030, 1505.3060, and 1505.3090 to 1505.3150.

B. The person must, by July 1, 1991, comply with parts 1505.3070 and 1505.3080. The commissioner shall grant a time extension of up to one year for delays due to construction or equipment or material procurement, if requested in writing by the facility owner or manager. The commissioner shall set forth, in writing, the reasons for granting or denying a requested time extension within 15 days of the request.

C. After being granted a bulk pesticide storage permit by the commissioner, and before beginning any construction or substantially altering an existing bulk pesticide storage facility, the person must submit to the commissioner:

History

Statutory Authority: MS s 18B.06; 18B.14
History: 14 SR 161

Minn. R. 1505.3040 Bulk Pesticide Storage Permit

Subpart 1. Commissioner's review of application.

The commissioner shall review an initial application as submitted under part 1505.3050 within 30 days of receipt and either issue a bulk pesticide storage permit or advise the applicant, in writing, of an unsatisfactory review and detail all changes necessary in order to achieve compliance. Upon receipt of the additional requested compliance information from a person, the commissioner has 15 days in which to issue a bulk pesticide storage permit or advise the applicant, in writing, of an unsatisfactory review and detail all changes necessary in order to achieve compliance.

Subp. 2. Substantial alterations.

No person may substantially alter any bulk pesticide storage facility without first being granted a revised bulk pesticide storage permit from the commissioner. The person must file a revised bulk pesticide storage permit application detailing the proposed alterations with the commissioner. The commissioner shall review an application for a revised bulk pesticide storage permit within 30 days of receipt and either issue a revised bulk pesticide storage permit or advise the applicant, in writing, of an unsatisfactory review and detail all changes necessary in order to achieve compliance.

Subp. 3. Denial; revocation; suspension.

After written notice and a hearing, a bulk pesticide storage permit may be denied, revoked, or suspended for one or more of the following reasons:

A. failure to fully comply with parts 1505.3010 to 1505.3150;

B. obtaining the permit by misrepresentation or by failure to disclose all relevant facts; or

C. discovery of unreasonable adverse effects to the environment caused by the activities of the permit holder in the conduct of actions undertaken under the permit.

Subp. 4. Permit transfer.

A bulk pesticide storage permit may be transferred from one person to another if an application for a permit detailing any changes and including the required fee is filed with the commissioner prior to the transfer.

Subp. 5. Permit exceptions.

Persons who store bulk pesticides in a storage container of a rated capacity of less than 500 U.S. gallons or who store bulk pesticides in individual storage containers at a site where the total storage amount of bulk pesticide is less than 500 U.S. gallons, are not required to obtain a bulk pesticide storage permit, but are required to comply with all other applicable provisions of this part.

History

Statutory Authority: MS s 18B.06; 18B.14
History: 14 SR 161

Minn. R. 1505.3050 Application and Permit Fee

Subpart 1. Information required.

Application for a bulk pesticide storage permit must be on forms provided by the commissioner. The application must contain at least, but is not limited to, the following information:

A. a differentiation as to whether the bulk pesticide storage facility should be regarded as new or previously established;

B. the name, address, and telephone number of the person making application;

C. the name, address, and telephone number of the persons that will own and operate the facility;

D. the location of the facility, including its legal description;

E. photographs or a diagram of the current or proposed facility, including all buildings, tanks, fertilizer storage areas, mixing, loading, and rinsate recycling areas, vehicle washing areas, and bulk pesticide storage areas;

F. a geologic report of the facility property and the surrounding area, including maps, photographs, or diagrams of:

G. the number, age or condition, dimension, capacity, and material description of the liquid bulk pesticide storage containers and a list of pesticides to be stored in them, with United States Environmental Protection Agency registration numbers;

H. a certification that to the best of the owner's or manager's knowledge the loading and containment areas will be built in accordance with construction and plumbing plans submitted and will comply with the design, construction, and containment requirements of parts 1505.3070 and 1505.3080;

I. at least one scale drawing of the loading and secondary containment areas to include a construction material specification or design guide;

J. a plumbing diagram showing the location, type, and specifications of the appurtenances used in storing or transferring bulk pesticides;

K. a copy of the release response plan as described in part 1505.3100; and

L. the person's federal Environmental Protection Agency establishment number, if required.

Subp. 2. Fee.

The initial application for a bulk pesticide storage permit must be accompanied by the fee required in Minnesota Statutes, section 18B.14, for each bulk pesticide storage facility. No fee is required to apply for a revised bulk pesticide storage permit.

History

Statutory Authority: MS s 18B.06; 18B.14
History: 14 SR 161

Minn. R. 1505.3060 General Requirements

Subpart 1. Establishment number.

A facility that repackages bulk pesticides must obtain a pesticide producer establishment number from the United States Environmental Protection Agency.

Subp. 2. Exception.

A person who custom mixes pesticides for application by the person's firm only, is not required to secure a pesticide producer establishment number from the United States Environmental Protection Agency.

Subp. 3. Storage containers and appurtenances.

A. Storage containers and appurtenances must be constructed, installed, and maintained to prevent the release of liquid bulk pesticide. Storage containers and appurtenances must be structurally sound, resistant to changes in temperature extremes, and constructed of materials that are adequately thick to be structurally sound and that are resistant to corrosion, puncture, or cracking. Materials used in the construction or repair of storage containers and appurtenances may not be of a type that reacts chemically or electrolytically with stored bulk pesticide in a way that may weaken the storage container or appurtenance, create a risk of release, or adulterate the pesticide. Metals used for valves, fittings, and repairs on metal containers must be compatible with the metals used in the construction of the storage container, so that the combination of metals does not cause or increase corrosion that may weaken the storage container or its appurtenances, or create a risk of release. Storage containers and appurtenances must be designed to handle all operating stresses taking into account the foreseeable course of operations. Underground appurtenances are prohibited as part of a system designed and constructed for transferring bulk pesticides unless approved by the commissioner.

B. Storage containers may only be constructed of stainless steel, fiberglass, polyethylene, ferrous metal, cross-linked polyolefin, or other commissioner-approved materials that are suitable for the stored bulk pesticide. Polyvinyl chloride tanks, fittings, and appurtenances are prohibited. Ferrous metal tanks must have a protective lining that inhibits corrosion and does not react chemically with the stored pesticide. Unlined ferrous metal tanks may be used only with proof of compatibility from the pesticide manufacturer.

C. Storage container connections, except safety relief connections, must be equipped with a shutoff valve located on the storage container or at a distance from the storage container dictated by standard engineering practice and in compliance with this part. Wetted parts inside shutoff valves and connections from the storage container to the shutoff valve must be made of stainless steel.

D. Storage containers must be equipped with a liquid level gauging device by which the level of liquid in the storage container can be readily and safely determined. A liquid level gauging device is not required if the level of the liquid in a storage container can be readily and reliably measured by other means. Liquid level gauging devices must be secured, in a safe manner, to protect against breakage or vandalism that may result in release. External sight gauges are permitted only with approval from the commissioner.

E. Meters and scales used for the sale of bulk pesticide must be compatible with the pesticide being metered or weighed.

F. Pipes and fittings must be adequately supported to prevent sagging and possible breakage because of gravity and other forces that may be encountered in the ordinary course of operations.

G. Valves must be secured and of a locking type to protect against vandalism or accidental valve openings that may result in a release.

H. Storage containers must be equipped with a vent or other device designed to relieve excess pressure, prevent losses by evaporation, and exclude precipitation.

Subp. 4. Anchoring of storage containers.

Storage containers must be anchored to prevent flotation or instability that might occur as a result of liquid accumulations within a secondary containment area built under part 1505.3080. Anchoring may be accomplished by guy wires, or other commissioner-approved anchors.

Subp. 5. Security.

Storage containers must be secured against access by unauthorized persons and provide protection against access by wildlife. Appurtenances must be fenced or otherwise secured to provide reasonable protection against vandalism or unauthorized access that may result in a release. Valves on storage containers must be locked or otherwise secured except when persons responsible for facility security are present at the facility. Valves on rail cars, nurse tanks, and other mobile pesticide containers parked overnight at a storage facility must be locked or secured except when persons responsible for facility security are present at the facility.

Subp. 6. Filling.

Storage containers must not be filled to more than 95 percent of capacity unless the storage container construction or location provides constant temperature control of the container contents.

Repackaging and delivery of bulk pesticides must be attended and supervised at all times by the owner, manager, or an employee of the facility.

Subp. 7. Protection against damage by moving vehicles.

Storage containers and appurtenances, including pipes, must be protected against reasonably foreseeable risks of damage by trucks and other moving vehicles and objects.

Subp. 8. Storage of dry bulk pesticide.

Except during loading, stored dry bulk pesticide must be covered by a roof or tarpaulin that will exclude precipitation from the pesticide. Storage containers must be placed on a concrete or other impervious surfaced floor on pallets or on a raised platform to prevent the accumulation of water in or under the pesticide.

Storage facilities must be secured against entry by unauthorized persons or wildlife.

Subp. 9. Labeling of storage containers.

Every storage container must bear a current pesticide product label as required by the United States Environmental Protection Agency.

For outside storage, the label required under this part must be placed on the storage container so as to be visible from outside of the secondary containment area. The label must be legible at all times. The type size used on the label must be that specified in Code of Federal Regulations, title 40, part 162.

History

Statutory Authority: MS s 18B.06; 18B.14
History: 14 SR 161

Minn. R. 1505.3070 Loading Areas

Subpart 1. Containment for liquid bulk pesticide loading sites.

An area used for the loading of liquid bulk pesticide into fixed storage containers, mobile containers, or pesticide application equipment at a bulk pesticide storage facility must be provided with a means of containment that is elevated above the surrounding area, constructed of reinforced concrete or other commissioner-approved material, and designed and constructed for the intended purpose. The means of containment must not contain a drain and must comply with either item A or B.

A. A curbed loading area without a sediment trap must comply with subitems (1) and (2).

B. A sloped surface that contains a sediment trap must comply with subitems (1) to (3).

Subp. 2. Containment for pesticide-impregnated fertilizer loading sites.

An area used for the loading of pesticide impregnated fertilizer into fixed storage containers, mobile containers, or pesticide application equipment at a bulk pesticide storage facility must be provided with the means of containment in items A to C.

A. The containment area for pesticide-impregnated fertilizer loading must be elevated above the surrounding area, be constructed of reinforced concrete or other commissioner-approved material, and be designed and constructed for the intended purpose. A scale with a liquid-tight containment area is acceptable.

B. The containment area must be of adequate size to fully hold the largest fixed storage container, mobile containers, or commercial pesticide application equipment that will be loaded on the area.

C. The containment area must be protected or managed in a manner that will prevent pesticide-contaminated runoff from leaving the area.

Subp. 3. Load area exceptions and underground plumbing.

A. If load areas for fixed storage containers, mobile containers, or pesticide application equipment are physically separated from one another, each separate load area must be of a design, size, and construction to contain a minimum of 500 U.S. gallons.

B. If no bulk pesticide storage container at the storage facility has a rated capacity of more than 500 U.S. gallons, the load area must be of a design, size, and construction to contain a minimum of 500 U.S. gallons. If no bulk pesticide storage container at the storage facility has a rated capacity of more than 250 U.S. gallons, the load area must be of a design, size, and construction to contain a minimum of 250 U.S. gallons.

C. A load area is not required for areas used for loading anhydrous ammonia tanks with pesticides used to control the nitrification process, if:

D. Any underground plumbing used for transferring rinsates or sediment from a sediment trap to rinsate tanks must be designed, constructed, installed, and maintained to prevent the release of pesticides to the environment and the backflow of pesticide rinsates to the sediment trap.

History

Statutory Authority: MS s 14.3895; 18B.06; 18B.14
History: 14 SR 161; 41 SR 799

Minn. R. 1505.3080 Secondary Containment Areas

Subpart 1. General requirements.

Liquid bulk pesticide storage containers must be confined to a secondary containment area that is adequate, in the event of a release, to prevent the movement of liquid pesticides to surface or ground water. The loading area as specified in part 1505.3070 must not be located, designed, or constructed in such a way so as to compromise the required secondary containment of subpart 2. The secondary containment provisions also apply to liquid bulk pesticides stored in a location covered by a roof. A secondary containment area must consist of:

A. a wall and liner as provided under subparts 4 and 5;

B. a prefabricated secondary containment basin as provided under subpart 6; or

C. other safeguards approved by the commissioner.

Subp. 2. Capacity.

The capacity of a secondary containment area for a bulk pesticide storage facility must be at least equal to the sum of all of the following:

A. the greatest volume of liquid bulk pesticide or liquid bulk fertilizer that could be released from the largest storage container within the secondary containment area;

B. 25 percent of the capacity of the largest liquid bulk pesticide or liquid bulk fertilizer storage container located within the secondary containment area for an outdoor storage container, or ten percent of the capacity of the largest liquid bulk pesticide container or liquid bulk fertilizer if stored in a location covered by a roof; and

C. the total volume of released liquid which would be displaced by the portions of all other storage containers within the secondary containment area to the height of the containment wall and all other fixtures and materials located within the secondary containment area (including pesticide or fertilizer diluent, empty pesticide containers, recovered pesticide or fertilizer releases, and liquid pesticide or fertilizer metering equipment).

Subp. 3. Storage with other commodities or equipment.

A. Liquid bulk pesticide, liquid bulk fertilizer, pesticide or fertilizer diluent, empty pesticide containers, recovered pesticide or fertilizer releases, or liquid pesticide or fertilizer metering equipment may be stored within the bulk pesticide secondary containment area.

B. The total containment capacity calculated in subpart 2 may not be compromised by storing liquid bulk pesticide or liquid bulk fertilizer, pesticide or fertilizer diluent, pesticide containers, pesticide or fertilizer releases, pesticide or fertilizer metering equipment, or other equipment or products in amounts greater than the amounts which were originally calculated as necessary displacement in subpart 2.

C. A liquid bulk pesticide storage containment area may be located within the boundary of a liquid bulk fertilizer containment area if:

Subp. 4. Walls.

The walls of a secondary containment area must be made of ferrous metal, inorganic soil, stainless steel, reinforced concrete, or solid reinforced masonry and must be designed to withstand a full hydrostatic head of any released liquid. Cracks and seams must be sealed as needed to prevent leakage. Walls constructed of inorganic soil must be lined as provided under subpart 5, item D, be protected from erosion, and have a horizontal to vertical slope of at least three to one, unless a steeper slope is consistent with good engineering practice. Walls may not exceed six feet in height above the interior grade.

A. All bulk pesticide tanks must be placed a minimum of one foot from a secondary containment area wall.

B. Tanks over ten feet high stored outdoors must be located at least three feet from the secondary containment area wall.

C. The walls of a secondary containment area may not contain a drain or other similar opening.

D. Masonry walls must be reinforced, capped with concrete, and parged on the interior.

E. The joint between a masonry wall and any floor or subsurface that it is constructed on must be constructed, sealed, and protected in such a way that it prevents any pesticide leakage from leaving the containment area.

Subp. 5. Lining.

A. The base of a secondary containment area and any inorganic soil walls of a secondary containment area must be lined with reinforced concrete, a synthetic liner, an inorganic soil liner, ferrous metal, or stainless steel designed to limit the permeability of the base and walls. Liners must meet the requirements of this subpart. The base of a secondary containment area may not contain a drain or other similar opening used to release pesticides or precipitation. Dissimilar materials may not be used together for a wall and liner combination unless approved by the commissioner.

B. Concrete liners must be designed according to good engineering practices to withstand any foreseeable loading conditions, including a full hydrostatic head of released liquid. Cracks and seams must be sealed to prevent leakage.

C. Synthetic liners must have a minimum thickness of 30 mils (0.8 millimeters), be chemically compatible with the materials being stored within the secondary containment area, be photo-resistant, and be puncture resistant. Confirmation of chemical compatibility and an estimate of liner life must be retained by the firm for inspection upon request by the Department of Agriculture. The synthetic liner must be protected by a 12-inch (30-centimeter) layer of inorganic soil or half-inch diameter rounded stone above the liner and a six-inch (15-centimeter) layer of inorganic soil below the liner. Soil layers must be free of large rocks, angular stones, sticks, or other materials that may puncture the liner. Synthetic liners must be installed according to the manufacturer's recommendations and, if necessary, under the supervision of a qualified representative of the manufacturer, and all field-constructed seams must be tested, and repaired if necessary, in accordance with the manufacturer's recommendations. Pesticide releases onto the inorganic soil portion of a synthetic liner containment area must be managed by the removal of contaminated soils. Disposition of contaminated soils is subject to approval from the Department of Agriculture. Integrity of the inorganic soil portion of the synthetic liner containment area must be restored under all circumstances.

D. Soil liners must comply with subitems (1) to (5).

Subp. 6. Prefabricated secondary containment basin.

A prefabricated secondary containment basin must be composed of a rigid prefabricated basin having both a base and walls constructed of steel or synthetic materials which are resistant to corrosion, puncture, or cracking. Materials used for the prefabricated basin must be chemically compatible with the products being stored in the bulk pesticide tank. A written confirmation of compatibility from the basin manufacturer must be kept on file at the storage facility or at the nearest local office from which the storage facility is administered. The prefabricated facility must be designed and installed to contain the amounts listed in subpart 2, including the tank load and a full hydrostatic head of any released liquid. Multiple basins connected to provide the capacity required under subpart 2, must be connected in a way that assures an unrestricted transfer of released liquid between basins. A prefabricated containment basin may not be located where fire could damage the containment vessel and compromise the intended containment.

History

Statutory Authority: MS s 18B.06; 18B.14
History: 14 SR 161

Minn. R. 1505.3090 Recovery, Use, or Disposal of Pesticide Releases

Subpart 1. Loading areas and secondary containment areas.

All pesticide releases occurring in an area confined to loading areas described in part 1505.3070 and secondary containment areas described in part 1505.3080 must be recovered as soon as possible and must either be used, stored, or disposed of. Use and storage must be according to pesticide label instructions. Disposal must be according to local, state, and federal regulations. The Department of Agriculture must be immediately notified of all releases.

Subp. 2. Precipitation accumulations.

A. Precipitation must not be permitted to accumulate in a secondary containment area or loading area to the point where the accumulation may tend to:

B. Precipitation, if contaminated with pesticide residues, must be:

C. Uncontaminated precipitation may be released to a vegetated area allowing for even distribution over the entire area or used as water for mixing.

Subp. 3. Use of pesticide rinsate, pesticide containing sludge, or pesticide containing washwater accumulations.

A. Sludge, rinsates, or washwater generated in a pesticide loading or secondary containment area as a result of loading, washing, rinsing, cleanup, or similar practices must be:

B. Sludge must be removed from a sediment trap before the trap is half full.

C. Rinsates and sludges may be used at a rate of no more than five percent of any total tank mix for delivery rates of 40 gallons per acre or less and ten percent for delivery rates of more than 40 gallons per acre. Washwater not contaminated with pesticides may be used undiluted.

D. Records indicating the amount removed (pounds or gallons), the location and acreage treated, and crops to which applied must be kept and made available for review during inspections by the commissioner. Records must be retained for a minimum of five years.

History

Statutory Authority: MS s 18B.06; 18B.14
History: 14 SR 161

Minn. R. 1505.3100 Preparation for Control and Recovery of Pesticide Releases

Subpart 1. Release response plan.

The operator of a bulk pesticide storage facility shall prepare a written release response plan for the storage facility. The operator shall keep the plan current at all times. A copy of the plan must be kept at a prominent location at the storage facility and at the nearest local office from which the storage facility is administered, and must be made available for employee use and for inspection by the department. The operator of the storage facility shall provide a current copy of the plan to the local fire and police departments. The plan must include, but is not limited to:

A. the identity and telephone numbers of the persons who are to be contacted in the event of a release;

B. for every bulk pesticide stored at the facility, a complete copy of the storage container label required under part 1505.3060, subpart 9, and Minnesota Statutes, section 18B.26;

C. a complete copy of the material safety data sheet for every bulk pesticide stored at the facility;

D. the procedures and equipment to be used in controlling and recovering or otherwise responding to a release; and

E. an identification, by location, of every bulk pesticide storage container located at the facility, and the type of bulk pesticide stored in each storage container. The plan need not include the specific location of each storage container of minibulk pesticide, if the plan includes the general location within the facility at which storage containers of minibulk pesticide are held.

Subp. 2. Equipment and supplies.

Bulk pesticide storage facilities must have on the premises equipment needed to mitigate and recover pesticide releases. The equipment must include and is not limited to pumps, recovery containers, personal protective equipment, absorbent materials, and other materials used to control and recover pesticide releases. A checklist of release response equipment and its location must be posted with the release response plan.

Subp. 3. Training.

The owner or manager of the storage facility shall conduct release response training for all new and existing employees of the facility annually before the beginning of the pesticide use season. New employees must receive training within 30 days of employment. The owner or manager and employees are responsible for following the firm's release response procedures pursuant to the release response plan to minimize contamination of the environment.

History

Statutory Authority: MS s 18B.06; 18B.14
History: 14 SR 161

Minn. R. 1505.3110 Inspection and Maintenance

Subpart 1. Records.

The operator of a bulk pesticide storage facility shall inspect and maintain storage containers, appurtenances, loading areas, and secondary containment areas to minimize the risk of a pesticide release. A written record of all inspections and maintenance must be made on the day of the inspection or maintenance and kept at the storage site or at the nearest local office from which the storage site is administered. A record of all pesticide releases onto the loading area or into the secondary containment area including date, time, type of pesticide, volume, cause, actions to contain, and management of the release must be kept for at least five years.

Subp. 2. Schedule.

A bulk pesticide container and its appurtenances must be inspected for leakage at least weekly during the use season. A secondary containment area must be inspected for condition and leakage of the base, seams, and walls at least monthly while bulk pesticide is in storage. Loading area pads must be inspected for leakage at least monthly during the use season.

Inspection records must contain the name of the person making the inspection, the date of each inspection, conditions noted, and maintenance performed.

Maintenance of the bulk pesticide storage facility must be performed as necessary in order to ensure that the integrity of the bulk pesticide containers, secondary containment areas, and loading areas is maintained.

History

Statutory Authority: MS s 18B.06; 18B.14
History: 14 SR 161

Minn. R. 1505.3120 Record Keeping

The following records must be prepared and kept on file at the bulk pesticide storage facility while bulk pesticides are being stored in a storage container:

A. the beginning and end amounts in each fixed storage container calculated and recorded at the time of each filling;

B. the amount of bulk pesticide delivered, sold, and used; and

C. the names of the persons preparing the information in items A and B and the dates the information was prepared. The records must be available and must be submitted to the commissioner within 24 hours of a request. Weighing, metering, or direct measurement are acceptable methods for calculating storage amounts.

History

Statutory Authority: MS s 18B.06; 18B.14
History: 14 SR 161

Minn. R. 1505.3130 Underground Bulk Pesticide Storage

Subpart 1. New underground bulk pesticide storage prohibited.

After July 1, 1989, no new underground bulk pesticide storage is allowed. This prohibition does not apply to catch basins, containment areas, or sediment traps, used for the temporary collection of pesticides from transfer and loading areas under part 1505.3070, or to underground storage, dip, or other tanks used to contain pesticides used in the wood preservatives industry.

Subp. 2. Existing and exempted underground bulk pesticide storage.

Underground bulk pesticide storage tanks in use as of July 1, 1989, or those tanks exempted from subpart 1 must conform with all applicable statutes and rules enforced by the Minnesota Pollution Control Agency, and must perform and provide to the commissioner upon request a leak certification test for each underground bulk pesticide storage tank.

History

Statutory Authority: MS s 18B.06; 18B.14
History: 14 SR 161

Minn. R. 1505.3140 Abandoned Containers

Subpart 1. Abandonment.

Storage containers and other containers used at a storage facility to hold bulk pesticide or pesticide rinsate are considered abandoned containers under this part if they have been out of service for more than six months because of a weakness or leak, or have been out of service for any reason for more than one year.

Subp. 2. Underground containers.

Abandoned underground tanks in place at previously existing facilities must be thoroughly cleaned and removed from the ground.

Subp. 3. Aboveground containers.

Abandoned aboveground containers must be thoroughly cleaned. All hatches on the containers must be removed and all valves or connections must be removed.

History

Statutory Authority: MS s 18B.06; 18B.14
History: 14 SR 161

Minn. R. 1505.3150 Exemptions

Subpart 1. Mobile containers.

The secondary containment requirements of part 1505.3080 do not apply to rail cars, nurse tanks, other mobile containers, or minibulk containers which are located at the bulk pesticide storage facility for less than ten consecutive days incidental to loading fixed bulk pesticide containers.

Subp. 2. Alternate technology.

The commissioner shall exempt any person from a requirement under this part if compliance is not technically feasible, but only if the commissioner finds that the alternative measures provide substantially similar protection to the ground and surface water of the state. A person requesting an exemption shall submit to the commissioner in writing a request for an exemption detailing the alternative measures proposed. The commissioner has 45 days to analyze the facts presented and grant the exemption or advise the person of an unsatisfactory review and detail all changes necessary to achieve compliance.

History

Statutory Authority: MS s 18B.06; 18B.14
History: 14 SR 161

Minn. R. 1505.4000 Purpose

Parts 1505.4000 to 1505.4130 provide the administrative procedures and requirements for local units of government to develop delegation agreements with the commissioner for local implementation of the state pesticide control law.

History

Statutory Authority: MS s 18B.06
History: 20 SR 468

Minn. R. 1505.4010 Scope

Parts 1505.4000 to 1505.4130 apply to all local units of government. No local unit of government is allowed to implement any portion of the state pesticide control law at the local level except by adoption of a delegation agreement which has been signed by the commissioner or as specifically provided by Minnesota Statutes, section 18.81 or 18B.09. Portions of the state pesticide control law which are available for delegation to local units of government are limited to: Minnesota Statutes, section 18B.07, subdivision 3 (identification of proper posting, according to product labeling, of areas where pesticides have been applied); Minnesota Statutes, section 18B.07, subdivision 4 (identification of maintenance of proper safeguards, according to MDA requirements as provided in parts 1505.3010 to 1505.3150, to prevent incidents); Minnesota Statutes, section 18B.07, subdivision 5 (identification of proper backflow prevention devices when public water supplies are used in filling pesticide application equipment); Minnesota Statutes, section 18B.07, subdivision 6 (identification of proper anti-backsiphoning devices when public waters are used for filling pesticide application equipment); Minnesota Statutes, section 18B.07, subdivision 8 (identification of proper disposal of pesticide containers); Minnesota Statutes, section 18B.08, subdivision 1 (confirmation of the holding of valid state permits for chemigation); Minnesota Statutes, section 18B.08, subdivision 3 (identification of proper backflow prevention for chemigation systems); Minnesota Statutes, section 18B.14, subdivision 2, paragraph (a) (confirmation of the holding of valid permitting for bulk storage of pesticides); Minnesota Statutes, section 18B.31, subdivisions 1 to 3 (confirmation of the holding of valid state dealer licensing for wholesale or retail sale of restricted use or bulk pesticides); and Minnesota Statutes, sections 18B.32, subdivisions 1 and 2; 18B.33, subdivisions 1 to 3; 18B.34, subdivisions 1 and 2; and 18B.36, subdivision 1 (confirmation of the holding of valid licensing or certification for commercial application of pesticides or noncommercial or private application of restricted use pesticides). All areas of the pesticide control law related to product registration, issuance of licenses or permits, or collection of pesticide-related fees or surcharges are retained by the department. Local units of government will not be allowed to ban the use or application of specific pesticide active ingredients or formulations. Ordinances by local units of government that prohibit or regulate any matter relating to the registration, labeling, distribution, sale, handling, use, application, or disposal of pesticides are preempted by Minnesota Statutes, section 18B.02.

History

Statutory Authority: MS s 18B.06
History: 20 SR 468

Minn. R. 1505.4020 Definitions

Subpart 1. Scope.

The definitions in this part and in Minnesota Statutes, section 18B.01, apply to parts 1505.4000 to 1505.4130.

Subp. 2. Commissioner.

"Commissioner" means the commissioner of agriculture.

Subp. 3. Delegation agreement.

"Delegation agreement" means a written agreement between the commissioner and a local unit of government or joint powers organization formed under Minnesota Statutes, section 471.59, for performance of specific regulatory duties.

Subp. 4. Department.

"Department" means the Department of Agriculture.

Subp. 5. Local implementation proposal.

"Local implementation proposal" means a document developed by a local unit of government to be submitted to and evaluated by the commissioner regarding merits of a proposed program for the implementation of the state pesticide control law by the local unit of government.

Subp. 6. Local implementation program.

"Local implementation program" means the program to be carried out by the local unit of government upon completion and adoption of a delegation agreement.

History

Statutory Authority: MS s 18B.06
History: 20 SR 468

Minn. R. 1505.4030 Procedure

Subpart 1. Applicability.

A local unit of government that decides to develop a delegation agreement for the implementation of the state pesticide control law must use the procedure provided in this part to facilitate the development of the local implementation proposal, provide for public participation, and promote intergovernmental coordination.

Subp. 2. Resolution to develop a local implementation proposal.

The governing body, council, or board of a local unit of government that decides to develop a delegation agreement for the purpose of local implementation of the state pesticide control law must adopt a resolution to develop a local implementation proposal.

Subp. 3. Notice of decision to develop proposal.

Within 30 days after adoption of a resolution to develop a local implementation proposal, the governing body or its agent must:

A. send a copy of the resolution, as adopted, along with any description or supporting documents to the commissioner; and

B. publish the resolution, as adopted, along with any description or supporting documents in a minimum of one newspaper of general circulation that serve the geographic area affected. The resolution, description, or supporting documents must include a name, address, and telephone number of a contact person. The commissioner shall, within 30 days of receipt of a copy of the resolution, provide notification of the local unit of government's resolution to the general public through publication of a notice in the State Register.

Subp. 4. Public informational meetings.

Within 90 days of adoption of the resolution to develop a local implementation proposal, and before the local unit of government submits its proposal to the department for review, the local unit of government must hold at least one public informational meeting for the purpose of public education and receipt of public input. Notice of the public meeting must be published in at least one newspaper of general circulation in the affected geographic area. Public informational meetings must provide:

A. a description of the proposed local implementation program;

B. the current status of the development of the proposal; and

C. an opportunity for public input or discussion.

Subp. 5. Meetings with other local units of government.

A local unit of government developing a proposal under this part must conduct a meeting or meetings with all other local units of government who exercise authorities in the geographic area affected. This must be accomplished before submittal of the proposal to the department. The purpose of this meeting or meetings will be to inform and seek input from other local units of government in an effort to gain consensus with those potentially affected by the planned local implementation program.

Subp. 6. Record of meetings.

A local unit of government shall maintain a record of each meeting held for the purpose of proposal development. The record must include minutes or a transcription and a list of persons in attendance and who they represented. Records of meetings must be supplied to the department with the submittal of the local implementation proposal.

Subp. 7. Public participation.

Meetings held for the purpose of public participation must be conducted as required by Minnesota Statutes, section 471.705.

Subp. 8. Initial review.

Within 120 days of adoption of a resolution to develop a local implementation proposal, the governing body of the local unit of government must submit for the department's review its proposal, records of meetings held, and supporting documents. The department must complete its review within 90 days of receipt of the proposal. The primary contact person or other officials of the local unit of government bringing the proposal may be asked to meet with the department during the 90-day review period for the purposes of presentation or clarification of points of the local implementation proposal.

The department must inform the governing body of the local unit of government of its findings in writing.

Subp. 9. Review criteria.

The department shall review the local implementation proposal based on the criteria in items A to D.

A. Is the proposed local implementation program consistent with the mandates of Minnesota Statutes, chapters 18B and 18D, and rules and orders of the department?

B. Do staff identified to carry out the proposed local implementation program have the education, training, and experience required as identified in part 1505.4070?

C. Has the local unit of government identified a funding source or sources for the proposed local implementation program and is funding adequate to carry out the program as proposed on an ongoing basis?

D. Does the proposed local implementation program demonstrate consistency with department procedures and policies?

Subp. 10. Notice of review.

The department shall, within 30 days of receipt of a local implementation proposal, publish the local implementation proposal in the State Register for the purpose of the solicitation of outside opinion. The department may apply information received through this process in the review of the local implementation proposal. Consideration of outside opinion must be based on the same review criteria as the local implementation proposal.

Subp. 11. Negotiation.

Upon receipt of a positive finding on the part of the department regarding the local implementation proposal, the local unit of government may enter into negotiations toward the development of the final delegation agreement. A final version of the delegation agreement must be completed within 90 days of notification of the department's positive findings. If the delegation agreement is not completed within the specified time period the proposal is nullified and cannot be resubmitted for consideration for one year from the end of the 90-day negotiation period.

Subp. 12. Completion.

The commissioner's signature of a delegation agreement constitutes final department approval. Upon signing of the delegation agreement by the commissioner, the local unit of government has 60 days to adopt the delegation agreement by resolution of its governing body. If the governing body has not adopted the delegation agreement within the 60-day period, the agreement is nullified. Upon adoption, the delegation agreement must be implemented according to the conditions and schedule stipulated in the delegation agreement.

Subp. 13. Notice of adoption.

Within 15 days of adoption of the delegation agreement, the local unit of government must notify the commissioner by sending a notarized copy of the adopting resolution. The department shall, within 30 days of receipt of the copy of the adopting resolution, publish the delegation agreement in the State Register as a means of informing the general public. The local unit of government must publish a copy of the adopting resolution and provide notice of locations where the delegation agreement is available for public review.

History

Statutory Authority: MS s 18B.06
History: 20 SR 468

Minn. R. 1505.4040 Content of Local Implementation Proposals

Subpart 1. Title sheet.

A local implementation proposal must contain a title sheet that provides the formal title of the proposal, the submittal date, and the title of the governing body submitting the proposal.

Subp. 2. Table of contents.

A local implementation proposal must contain a table of contents outlining the paragraphs or sections contained within the proposal and the correlating pages on which the paragraphs or sections appear.

Subp. 3. Map and description of geographic area affected.

A local implementation proposal must contain a map describing the geographic area affected, its location within the state and county, and local geographic setting. The local implementation proposal must also, within the same section, contain a written description, by geographic indicator, of the area affected. The written description must, at a minimum, describe the boundaries of the affected area and may be a legal description.

Subp. 4. Primary contact.

A local implementation proposal must identify a primary contact for communication with the commissioner, including the contact's name, official title, official address, telephone number, and facsimile number if available.

Subp. 5. Executive summary.

A local implementation proposal must contain an executive summary briefly describing the substance and salient points of the proposal.

Subp. 6. Detailed description of proposed program.

A local implementation proposal must present a detailed description of the proposed local implementation program, including implementation measures, a dated schedule, and expected outcomes for the local implementation program on an annual basis. This section must also describe educational and informational efforts, training programs, data collection procedures, data and information management procedures, and coordination efforts with other government units or entities.

Subp. 7. Administering agency.

A local implementation proposal must describe the agency authorized by the local unit of government to administer the local implementation program. This section must:

A. name the authorized agency;

B. provide an official address and telephone number for contact; and

C. describe the education, training, and experience qualifications of personnel within the authorized agency who will be responsible for the administration of the local implementation program.

Subp. 8. Administrative procedures.

A local implementation proposal must outline procedures through which the local implementation program will be administered by the authorized agency. Administrative procedures must include, but are not limited to:

A. financial reporting and auditing;

B. document management by the local unit of government and transfer to the department; and

C. program tracking and reporting procedures.

Subp. 9. Implementation procedures.

A local implementation proposal must outline the procedures to be followed in implementation of the proposed program. Implementation procedures must provide for:

A. notice of inspection;

B. documentation of inspections;

C. stages of effort to gain compliance;

D. referral of cases of noncompliance or violation to the department; and

E. demonstration of consistency with department procedures and policies.

Subp. 10. Financial considerations.

A local implementation proposal must provide information describing the source of funding for the local implementation program. The funding source must be consistent with part 1505.4010, which stipulates that funds may not be collected from pesticide related fees or surcharges. This section must provide an estimate of the annual budget for the local implementation program and a detailed outline of disbursement of those funds in implementation of the program.

Subp. 11. Draft delegation agreement.

A local implementation proposal must present a draft delegation agreement to be used as the basis for the development of a final delegation agreement for signature by the commissioner.

History

Statutory Authority: MS s 18B.06
History: 20 SR 468

Minn. R. 1505.4050 Contents of Delegation Agreement

The local unit of government shall submit a delegation agreement as described in this part. The delegation agreement must be based on an approved local implementation proposal. The department may produce and provide model delegation agreements to assist local units in the development of specific delegation agreements.

History

Statutory Authority: MS s 18B.06
History: 20 SR 468

Minn. R. 1505.4060 Coordination

To ensure that there is no overlap in carrying out implementation of delegated authority, local units must coordinate activities in regard to local implementation. Two or more local units of government who exercise authorities within the same geographic area may not obtain delegation of the same or separate authorities for each of the local units. In cases where such a multiple delegation is requested, the department may require the local units involved to apply as a group formed under a joint powers agreement pursuant to Minnesota Statutes, section 471.59.

History

Statutory Authority: MS s 18B.06
History: 20 SR 468

Minn. R. 1505.4070 Minimum Qualifications of Inspection Personnel

Persons who perform the duties of implementation related to field surveillance, inspection, collection of samples, or other activities regarding the collection, preservation, and documentation of evidence are required to meet minimum requirements of education, training, and experience. The minimum requirement is a score of at least 70 percent on an experience and training rating administered by the department. The experience and training rating must have a possible total score of 100 percent. The experience and training rating must be based on the following criteria:

A. a passing score on the commercial pesticide applicator certification examination or a currently valid license as a commercial pesticide applicator in categories appropriate to the local implementation program; and

B. a bachelor's degree in agronomy, chemistry, ecology, entomology, horticulture, plant pathology, geology, hydrology, public health, environmental health, soil science, or a similar field of study; or

C. a master's degree in one of the fields listed in item B; or

D. experience enforcing or ensuring compliance with laws, rules, and regulations pertaining to pesticides; or

E. experience providing technical advice in the use, storage, handling, and disposal of pesticides; or

F. professional research or analytical experience pertaining to properties, use, effectiveness, safety, or regulation of pesticides. Bonus points will be awarded, if a passing score of 70 percent is achieved, for possession of six or more quarter credits or four or more semester credits in pesticide-related courses. A resume that details the qualifications of identified inspection personnel of the local unit of government must be submitted for department review when submitting the delegation agreement for the commissioner's signature.

History

Statutory Authority: MS s 18B.06
History: 20 SR 468

Minn. R. 1505.4080 Enforcement

The commissioner of agriculture has sole responsibility and authority for enforcement of the State Pesticide Control Law pursuant to Minnesota Statutes, chapter 18D. Any compliance issue or alleged violation referred from a locally implemented program to the department for enforcement shall be reviewed, prioritized, and processed according to standards and timelines of the Agronomy Services Division, Enforcement Unit. Local units of government must be apprised of the disposition of a case referred from their respective local implementation program.

History

Statutory Authority: MS s 18B.06
History: 20 SR 468

Minn. R. 1505.4090 Reporting Requirements

A local unit of government shall submit a two-part annual report to the commissioner. Part one must provide the planned activities for the local implementation program for the upcoming year. Part two must provide information describing the accomplishments and activities of the local implementation program for the preceding year. Inspection personnel, their resumes and training programs, and all schedules, implementation measures, and outcomes must be identified for the local implementation program for both parts one and two.

History

Statutory Authority: MS s 18B.06
History: 20 SR 468

Minn. R. 1505.4100 Performance Review and Evaluation

Review and evaluation of the performance on the part of a local unit of government in implementation of the delegation agreement will be carried out by the department. The review and evaluation of the delegation agreement and the local implementation program will be accomplished in the following manner:

A. verification of the qualifications of staff on an annual basis;

B. performance of joint inspections with department field staff;

C. spot check inspections by department field staff; and

D. verification of ongoing education and training of staff. A complete on-site program evaluation must be performed between the department and the local unit of government within every third year of the adoption of the delegation agreement.

History

Statutory Authority: MS s 18B.06
History: 20 SR 468

Minn. R. 1505.4110 Compliance

The commissioner may inspect documents and monitor activities of the local unit of government associated with the local implementation program. The commissioner shall determine compliance of the local unit of government regarding the local implementation program based on the agreement, annual reports, and other records regarding the local implementation program of the local unit of government. The contact person must be notified in the case of noncompliance and procedures that must be undertaken by the local unit of government regarding the noncompliance must be presented in writing. The local unit of government has 90 days from the time of notification regarding noncompliance with the delegation agreement to meet the requirements of the agreement according to the guidance provided by the department.

History

Statutory Authority: MS s 18B.06
History: 20 SR 468

Minn. R. 1505.4120 Appeals

A delegation agreement receives departmental approval upon signature by the commissioner. This shall be considered a final agency action. Any appeals must be filed with the Minnesota Court of Appeals.

History

Statutory Authority: MS s 18B.06
History: 20 SR 468

Minn. R. 1505.4130 Termination

Subpart 1. Termination.

Either party to the delegation agreement may dissolve the agreement and void the local implementation program upon 60 days' notification of the other party or parties of the delegation agreement.

Subp. 2. Notice of termination.

The department must publish notification of termination of a delegation agreement in the State Register within 30 days of termination of the delegation agreement. The local unit of government must publish a notice of termination in one newspaper of general circulation within the affected geographic area within 30 days of termination of the delegation agreement.

History

Statutory Authority: MS s 18B.06
History: 20 SR 468

Chapter 1506 DAMAGE BY ELK; COMPENSATION

Minn. R. 1506.0010 [Repealed, L 2024 c 126 art 2 s 73; L 2024 c 127 art 38 s 73]

[Repealed, L 2024 c 126 art 2 s 73; L 2024 c 127 art 38 s 73]

Minn. R. 1506.0015 [Repealed, L 2024 c 126 art 2 s 73; L 2024 c 127 art 38 s 73]

[Repealed, L 2024 c 126 art 2 s 73; L 2024 c 127 art 38 s 73]

Minn. R. 1506.0020 [Repealed, L 2024 c 126 art 2 s 73; L 2024 c 127 art 38 s 73]

[Repealed, L 2024 c 126 art 2 s 73; L 2024 c 127 art 38 s 73]

Minn. R. 1506.0025 [Repealed, L 2024 c 126 art 2 s 73; L 2024 c 127 art 38 s 73]

[Repealed, L 2024 c 126 art 2 s 73; L 2024 c 127 art 38 s 73]

Minn. R. 1506.0030 [Repealed, L 2024 c 126 art 2 s 73; L 2024 c 127 art 38 s 73]

[Repealed, L 2024 c 126 art 2 s 73; L 2024 c 127 art 38 s 73]

Minn. R. 1506.0035 [Repealed, L 2024 c 126 art 2 s 73; L 2024 c 127 art 38 s 73]

[Repealed, L 2024 c 126 art 2 s 73; L 2024 c 127 art 38 s 73]

Minn. R. 1506.0040 [Repealed, L 2024 c 126 art 2 s 73; L 2024 c 127 art 38 s 73]

[Repealed, L 2024 c 126 art 2 s 73; L 2024 c 127 art 38 s 73]

Chapter 1508 AGRICULTURAL LIMING MATERIAL

Minn. R. 1508.0010 Authority and Purpose

Parts 1508.0010 to 1508.0040 are adopted by the commissioner under Minnesota Statutes, section 18C.575, to prescribe conditions for license and inspection fee qualifications, label information, analytical and sampling methods, certification to conduct sampling or sampling and analysis, and distribution of agricultural liming material by the cubic yard.

History

Statutory Authority: MS s 18C.575
History: 18 SR 390

Minn. R. 1508.0015 Definitions

Subpart 1. Scope.

The definitions in this part and the definitions of "agricultural liming materials," "bulk," "burnt lime," "distributor," "ENP," "hydrated lime," "label," "marl," "official sample," "percent; percentage," "person," "producer," "source of production," "stockpile," "ton," and "weight," in Minnesota Statutes, section 18C.531, apply to parts 1508.0010 to 1508.0040.

Subp. 2. ALM.

"ALM" means agricultural liming materials.

Subp. 3. Delivery.

"Delivery" means the complete transfer of an ALM order to a specific site as indicated to the purchaser on a billing, delivery, or invoice ticket.

Subp. 4. Department.

"Department" means the Minnesota Department of Agriculture.

Subp. 5. Exempt.

"Exempt" means distributors or producers of industrial or municipal by-product ALM who are exempt from fees for licensing and inspection under Minnesota Statutes, section 18C.541, subdivision 6.

Subp. 6. Label.

"Label" means the display of all written, printed, or graphic matter on the immediate container or the statement accompanying delivery of ALM. A billing, delivery, or invoice ticket is a label.

Subp. 7. Limestone.

"Limestone" means a material consisting of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity. Limestone also refers to all carbonate minerals and rock-forming carbonate minerals unless otherwise specified in Minnesota Statutes, section 18C.531.

Subp. 8. Pounds of ENP per ton.

"Pounds of ENP per ton" means the pounds of effective neutralizing power (ENP) in one ton of ALM corrected for moisture. [(2,000 pounds ALM per ton) (percentage of ENP ÷ 100) (percentage of dry matter ÷ 100)] = pounds of ENP per ton.

Subp. 9. Transportation charges.

"Transportation charges" means charges associated with distribution and transport of ALM, including charges relating to application and over-the-road transport.

History

Statutory Authority: MS s 18C.575
History: 18 SR 390

Minn. R. 1508.0020 Alm License and Inspection Fee

Subpart 1. Licensing requirements.

A distributor or producer of ALM shall obtain a license in accordance with Minnesota Statutes, section 18C.541, subdivision 1.

Subp. 2. Free distribution.

If a producer distributes ALM to another person free of charge under Minnesota Statutes, section 18C.541, subdivision 6, the producer is not liable for any license and inspection fees incurred by any subsequent distributor of that product.

Subp. 3. Custom application.

A person who custom applies and does not distribute ALM is not liable for license and inspection fees.

Subp. 4. Reporting transportation charges to department.

Distributors or producers applying for license and inspection fee exemption under Minnesota Statutes, section 18C.541, subdivision 6, must disclose transportation charges assessed in the distribution of industrial or municipal by-product ALM. Transportation charges must be itemized to show fees assessed for application and over-the-road transport.

Subp. 5. Determining fair and reasonable transportation charges.

To determine fair and reasonable transportation charges, the department shall collect transportation charges data from ALM distributors and producers via information required on the annual license application required by Minnesota Statutes, section 18C.541, subdivision 1, or other application forms provided by the department. Transportation charges data collected must be separated into two geographical areas:

A. the metropolitan area, as defined in Minnesota Statutes, section 473.121, subdivision 2; and

B. all of Minnesota outside the metropolitan area. These geographical areas designate where industrial or municipal by-product ALM is produced or initially transported from. Data collected must be averaged for each respective area. Distributors or producers except those exempt under Minnesota Statutes, section 18C.541, subdivision 6, must pay license and inspection fees if their transportation charges exceed the average area transportation charge.

Subp. 6. Inspection fee assessment limitation.

Inspection fees assessed under Minnesota Statutes, section 18C.551, subdivision 3, are limited to one assessment during distribution in Minnesota. Verification of prior inspection fee payment is required.

History

Statutory Authority: MS s 18C.575
History: 18 SR 390

Minn. R. 1508.0025 Label Information Requirements

Subpart 1. Label information requirements for ALM bulk delivery.

ALM offered for sale, sold, distributed, or disposed of in this state in bulk must have a written label accompanying a delivery and supplied to any purchaser or end user. The label must contain the following information:

A. the distributor's or producer's name, address, telephone number, and source of production or stockpile location;

B. the purchaser's name and address;

C. the date of sale or transfer;

D. the type of ALM listed as one of the following:

E. the minimum pounds of ENP per ton, accurate to within three percent;

F. the weight or cubic yards of ALM distributed;

G. the approximate weight, in pounds, per cubic yard if ALM is being distributed by the cubic yard; and

H. for exempt ALM distributors and producers, a list of any charges for ALM, transportation, or application.

Subp. 2. Label information requirements for bags and other container types.

ALM packaged in bags and other container types that are distributed, offered for sale, sold, or disposed of in this state for agricultural use must have a label on either the face, display, or back side of the bag or container or printed on tags affixed to the upper end of the container, stating in a clear, legible, and conspicuous form the following required information:

A. the distributor's or producer's name and address;

B. the minimum pounds of ENP per ton, accurate to within three percent; and

C. the net weight. Distributors and producers of ALM packaged in bags or other container types must also provide a written or printed ticket or invoice accompanying distribution containing the information specified in subpart 1, items C to F.

History

Statutory Authority: MS s 18C.575
History: 18 SR 390

Minn. R. 1508.0030 Official or Certified Sample and Analysis

Subpart 1. Required samples and analyses.

The department shall collect official samples and perform analyses or, in accordance with part 1508.0035, certify producers to collect samples and perform analyses of the producer's production, storage, or blending sites to determine required label information.

Sampling and analysis performed by the department must be done at least once a year at each producer's production, storage, or blending site.

Producers certified to sample ALM must collect and submit samples to the department in accordance with part 1508.0035. Producers certified to sample and analyze ALM must collect samples, perform analyses, and report analytical data in accordance with part 1508.0035.

Subp. 2. Official ALM analysis and sampling methods.

The most recent edition of "Quality Determination of Liming Materials," from the Soil Testing Laboratories of the University of Minnesota, Saint Paul, Minnesota 55108, is the official ALM analysis method. The most recent edition of "Association of American Plant Food Control Officials Inspectors Manual," from the Association of American Plant Food Control Officials, Inc., West LaFayette, IN 47907, is the official ALM sampling method. These documents meet the requirements in Minnesota Statutes, section 18C.561. These documents are incorporated by reference, are not frequently amended, and are available at the Minnesota State Law Library.

Subp. 3. Verifying label information.

If a distributor or other person believes ALM is mislabeled, the department shall take steps necessary to verify label information including sampling and analysis. If the ALM label is found to be correct in accordance with part 1508.0025, subpart 1, item E, or 2, item B, the requesting party must pay the sampling fee required by Minnesota Statutes, section 18C.551, subdivision 4. If the ALM label is not in accordance with part 1508.0025, subpart 1, item E, or 2, item B, the supplying distributor or producer must pay the fee required by Minnesota Statutes, section 18C.551, subdivision 4. The supplying distributor or producer must also correct information on the label to reflect verified analysis results.

Subp. 4. Sampling and analysis of blended ALM products blended by distributors.

If two or more ALM products are blended together by a distributor, the department shall take an official sample and perform analysis of the blended ALM, even though an official analysis exists for the separate ALM components of the blend. The distributor blending ALM must pay the sampling fee required by Minnesota Statutes, section 18C.551, subdivision 4.

History

Statutory Authority: MS s 18C.575
History: 18 SR 390

Minn. R. 1508.0035 Certification of Producers to Conduct Sampling or Sampling and Analysis of Alm

Subpart 1. Certification.

The department may certify producers to conduct sampling or sampling and analysis of the producer's ALM. Producers must be assessed the sampling and analysis fee in accordance with Minnesota Statutes, section 18C.551, subdivision 4, for each sample submitted to the department.

Subp. 2. Certification to sample ALM.

Producers who wish to become certified to sample their ALM must notify the department in sufficient time for the department to send information concerning official sampling methods, an application form, and sample collection report. Producers must abide by the official methods of sampling in part 1508.0030, subpart 2. Producers must submit to the department a representative sample of the ALM as distributed sample with no less than five pounds of ALM, a completed application form, and a completed sample collection report. Certification may be denied or revoked for failure to abide by the official sampling methods in part 1508.0030, subpart 2.

Subp. 3. Certification to sample and analyze ALM.

Producers who wish to become certified to sample and analyze ALM must notify the department in sufficient time for the department to send information concerning official sampling and analysis methods, an application form, and instructions pertaining to obtaining certification.

An application form must be completed and submitted to the department. If the application is approved, the department shall instruct the producer to submit a monthly representative sample and analysis from each of the producer's ALM production, storage, or blending sites in accordance with the methods required in part 1508.0030, subpart 2. Each monthly sample and analysis must consist of subsamples collected over four consecutive weeks. Samples submitted to the department must be analyzed by the department to determine if deviations in the analytical data exist between the department and the producer. If the analysis data between the department and the producer is within three percent for three consecutive months, certification for sampling and analysis shall be granted.

Subp. 4. Sampling and analysis scheduling requirements.

A producer certified to sample or sample and analyze ALM must collect representative samples based on the schedule in items A to C. Producers certified to sample ALM will be assessed the sampling and analysis fee in accordance with Minnesota Statutes, section 18C.551, subdivision 4, for each sample submitted to the department.

A. Certified producers distributing greater than 40,000 tons annually must collect a representative sample weekly of the ALM as distributed from each production, storage, or blending site and analyze or submit to the department for analysis the composite of the weekly samples on a monthly basis before or during distribution.

B. Certified producers distributing 20,000 to 40,000 tons annually must collect a representative sample monthly of the ALM as distributed from each production, storage, or blending site and analyze or submit to the department for analysis the composite of the monthly samples on a quarterly basis before or during distribution.

C. Certified producers distributing less than 20,000 tons annually must collect a representative sample of the ALM as distributed from each production, storage, or blending site and analyze or submit the samples to the department for analysis. Temporary holding areas for ALM that hold less than one month's production must be sampled before distribution and a composite of these samples must be analyzed semiannually.

Subp. 5. Reporting requirements.

Producers certified to sample and analyze ALM must report analytical data to the department semiannually on January 31 and July 31 on forms provided by the department and signed by the certified producer that list the sample identification, date collected, date analyzed, analytical results, and the minimum pounds ENP per ton.

Subp. 6. Denial or revocation of certification.

Certification may be denied or revoked for (1) failure to abide by the methods of sampling and analysis in part 1508.0030, subpart 2, (2) failure to file a semiannual report as required in subpart 5, or (3) providing analytical data or label information that is found to be inaccurate in accordance with part 1508.0025, subpart 1, item E, or 2, item B.

History

Statutory Authority: MS s 18C.575
History: 18 SR 390

Minn. R. 1508.0040 Distribution of Alm by Cubic Yard

Subpart 1. Reporting requirements.

Each distributor or producer distributing ALM on a cubic yard basis or without the use of a scale approved by the Department of Commerce, Weights and Measures Division, is responsible for determining and reporting the cubic yard capacity of each vehicle, measuring device, or loading device used for this purpose.

Distributors or producers distributing ALM by the cubic yard must submit a written report by December 31 of each year to the department on forms furnished by the department.

If a change in the use of vehicles, measuring devices, loading devices, or other data occurs during the period for which distribution by the cubic yard is done, the department must be notified of the change on forms furnished by the department within 15 business days after the change.

Subp. 2. Verification of cubic yard data.

The department may verify cubic yard data for each reported vehicle, measuring device, or loading device by requesting the Department of Commerce, Weights and Measures Division, to determine the cubic yard capacity of each vehicle, measuring device, or loading device in accordance with Minnesota Statutes, chapter 239. Minnesota Statutes, section 239.10, requires the Weights and Measures Division to charge a fee for inspections made to verify cubic yard capacity of vehicles, measuring devices, or loading devices. The distributor or producer shall pay the inspection fee in accordance with Minnesota Statutes, section 239.10.

History

Statutory Authority: MS s 18C.575
History: 18 SR 390; L 2001 1Sp4 art 6 s 1

Chapter 1509 WASTE PESTICIDE COLLECTION

Minn. R. 1509.0010 Authority

Parts 1509.0010 to 1509.0050 govern the waste pesticide collection program pursuant to Minnesota Statutes, section 18B.065. Parts 1509.0010 to 1509.0050 establish a process for: (1) assessment schedule and payment; (2) cosponsor selection; and (3) cooperative agreement.

History

Statutory Authority: MS s 18B.065
History: 17 SR 138

Minn. R. 1509.0020 Definitions

Subpart 1. Scope.

The definitions in this part apply to parts 1509.0010 to 1509.0050.

Subp. 2. Collection site.

"Collection site" means a permanent or temporary designated location with scheduled hours for authorized collections where pesticide end-users may bring their waste pesticide.

Subp. 3. Commissioner.

"Commissioner" means the commissioner of agriculture or an agent authorized by the commissioner.

Subp. 4. Container.

"Container" means a package, can, bottle, bag, barrel, drum, or other containing device used to enclose a pesticide formulation for storage, transport, or other handling.

Subp. 5. Cosponsor.

"Cosponsor" means the state or local unit of government selected to enter into a cooperative agreement with the commissioner to administer a waste pesticide collection program.

Subp. 6. Pesticide end-user.

"Pesticide end-user" means a farmer or other person who uses, intends to use, or owns a pesticide. Pesticide end-user does not include a dealer, manufacturer, formulator, or packager.

Subp. 7. Pesticide formulation.

"Pesticide formulation" means a substance or mixture of one or more active ingredients and inerts that is used to mitigate or control pests.

Subp. 8. Waste pesticide.

"Waste pesticide" means a pesticide that the pesticide end user considers a waste. A waste pesticide can be a canceled pesticide, an unusable pesticide, or a usable pesticide.

History

Statutory Authority: MS s 18B.065
History: 17 SR 138

Minn. R. 1509.0030 Assessment Schedule and Payment

Subpart 1. Assessment schedule.

A pesticide end-user voluntarily participating in a collection authorized under Minnesota Statutes, section 18B.065, may be assessed a portion of the disposal costs based on net weight in pounds of the pesticide formulation and container collected, up to a maximum of 2,200 pounds. A net weight includes the weight of the pesticide formulation and its container. The assessment of individual pesticide end-users must be based on costs described in the current hazardous pesticide waste packing, transportation and disposal service contract and invoiced at the rates determined under items A to C.

A. Agencies of government or their representatives must be assessed costs equal to 125 percent of the disposal price, but not less than $4 per net pound to participate in a waste pesticide collection.

B. Assessments for other participants must be based on amounts for disposal at the following rate:

C. Assessments must be made based on the cumulative poundage of pesticide formulation and its container collected from each participant disposing of waste pesticides.

Subp. 2. Payment.

The commissioner shall invoice participants promptly for disposal costs based on the assessment schedule in subpart 1.

History

Statutory Authority: MS s 18B.06; 18B.065
History: 17 SR 138; 18 SR 2651

Minn. R. 1509.0040 Program Operation and Administration

Subpart 1. Cosponsor selection.

A potential cosponsor seeking sole or joint participation in the operation and administration of a collection authorized under Minnesota Statutes, section 18B.065, shall complete and return an application form provided by the commissioner. Cosponsor selection must be based on the following criteria:

A. a completed application;

B. willingness to commit financial, physical, and other resources to collection;

C. proposed collection site; and

D. collection service area.

Subp. 2. Cooperative agreement.

The commissioner and cosponsor must agree to the terms of the cooperative collection and sign a cooperative agreement defining responsibilities and conditions of each party in conducting a waste pesticide collection. Cosponsor roles and responsibilities may include:

A. providing funds for local administration and on-site operation;

B. obtaining a United States Environmental Protection Agency hazardous waste generator identification number;

C. supplying necessary physical and human resources for on-site operation;

D. reimbursing the commissioner for disposal costs; and

E. other described responsibilities and conditions agreed upon by the commissioner and cosponsor in the cooperative agreement.

History

Statutory Authority: MS s 18B.065
History: 17 SR 138

Minn. R. 1509.0050 Deposit of Funds

Assessments collected under parts 1509.0030 and 1509.0040 must be deposited in the state treasury and credited to the pesticide regulatory account according to Minnesota Statutes, section 18B.05, subdivision 1.

History

Statutory Authority: MS s 18B.065
History: 17 SR 138; L 2005 1Sp1 art 1 s 97

Chapter 1510 SEEDS, FERTILIZERS, FEEDS

Minn. R. 1510.0010 [Repealed, 9 SR 693]

[Repealed, 9 SR 693]

Minn. R. 1510.0011 Labeling Variety, Variety Not Stated, and Brand; Examples

Subpart 1. Definition; brand.

As used in this part, "brand" means a word, mark, or picture representing a trademark or a term taken from a trademark which indicates the owner, originator, or labeler of the seed and does not indicate the genetic identity of the seed.

Subp. 2. Labeling variety.

In accordance with Minnesota Statutes, section 21.82, subdivision 2, paragraph (a), the commissioner designates that all kinds of agricultural and vegetable seed must be labeled to show the variety name unless otherwise specified in subpart 3.

Subp. 3. Labeling variety not stated.

Unless otherwise specified in this subpart, the words "variety not stated" must be shown on agricultural seed labels if any of the following circumstances exist:

A. the variety name is not known for a nonhybrid seed and it cannot be determined by examining the seed and records of the seed lot;

B. the variety name is known for a nonhybrid biennial or perennial seed, in which case the variety name may be omitted from the seed label but only when written permission to do so is signed by the owner or originator and is part of the record for the seed lot;

C. two or more varieties are combined to form a blend, in which case the variety names and the percentages by weight of the components together may be omitted from the seed label but only when information concerning the varieties used and the proportion of each in the blend is part of the record for the seed lot; or

D. lawn and turf grass seeds are sold in mixtures, in which case the variety name and the words "variety not stated" may be omitted from the seed label if none of the components are listed and sold by brand name.

Subp. 4. Labeling brands.

When agricultural seed is labeled with a brand, trademark, or term taken from a brand or trademark, the seed label must clearly identify the term with the word "brand" and as being other than part of the variety name.

Subp. 5. Examples.

The examples in this subpart indicate the required arrangements of terms used to label variety, variety not stated, and brand. The size type used to indicate the kind name on the seed label must also be used for all other terms specified in the examples.

A. When the variety name is stated, the terms designating the kind and variety may appear in any order but must be in close proximity to each other.

B. When both a brand and variety name are stated, the terms must be shown in the following order from left to right or top to bottom: the brand name, the word "brand," the variety name, and the kind name.

C. When a brand name but no variety name is stated, the terms must be shown on the seed label in the following order from left to right or top to bottom: the brand name, the word "brand," the kind name, and the words "variety not stated." If the seed offered for sale is a blend, the word "blend" must be inserted between the kind name and the words "varieties not stated."

History

Statutory Authority: MS s 21.82; 21.85
History: 10 SR 622

Minn. R. 1510.0020 Disclaimer Clause

It shall be unlawful for vendors or sellers of agricultural seed to print upon the seed labels or tags, or to use, attach, or print upon literature, or state in any manner, any form of wording designed as a disclaimer or statement that purposes to disclaim responsibility of the vendor or seller for the data on the label required by law.

History

Statutory Authority: MS s 21.85

Minn. R. 1510.0030 Label Showing Percent of Hard Seed

The label required on all agricultural seed containers shall show the percent of hard seed, when present, separately from the germination percent. It is permissible to combine these percentages and list them on the label as "total percent germination and hard seed." They shall not be stated as "total live seed," "total germination," or in any other unauthorized manner.

History

Statutory Authority: MS s 21.85

Minn. R. 1510.0040 Labeling of Seed Bins and Other Bulk Containers

When agricultural seeds are sold out of the farmers' or seed vendors' bins or other bulk containers which are in retail sales rooms or to which the consumer buyers have access before buying for the purpose of examining the seed and the label thereof, a complete label shall be attached to such bin or other bulk container in a conspicuous place on the exterior of the container, where the buyer may read it conveniently before making a purchase of the seed. Seed labels and label data in the records or files of the seed seller do not meet the requirements of this part.

History

Statutory Authority: MS s 21.85

Minn. R. 1510.0160 [Repealed, 9 SR 693]

[Repealed, 9 SR 693]

Minn. R. 1510.0161 Kinds of Lawn and Turf Grass Seeds Exempt from Ten Percent Inert Matter Limitation

In accordance with Minnesota Statutes, section 21.82, subdivision 5, paragraph (a), Kentucky bluegrass is a kind of lawn and turf grass seed for which the ten percent inert matter limitation does not apply.

History

Statutory Authority: MS s 21.85
History: 9 SR 693

Minn. R. 1510.0170 [Repealed, 9 SR 693]

[Repealed, 9 SR 693]

Minn. R. 1510.0171 Standards, Requirements, and Conditions for Labeling Hermetically Sealed Seeds

In accordance with Minnesota Statutes, section 21.86, subdivision 1, paragraph (a), the following standards, requirements, and conditions must be met before seed is considered to be hermetically sealed:

A. The seed must be packed within nine months after harvest.

B. The container used must not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 degrees Fahrenheit with a relative humidity on one side of 90 percent and on the other side of zero percent. Water vapor penetration or WVP is measured by the standards of the United States Bureau of Standards as: gm. H2O/24 hr./100 sq. in./100°F./90%RHV.0%RH

C. The agricultural seed in the container must not exceed the following percentages of moisture, on a wet weight basis:

D. The vegetable seeds in the container must not exceed the following percentages of moisture, on a wet weight basis:

E. The container must be conspicuously labeled in not less than 8-point type to indicate:

F. The percentage of germination of seed at the time of packaging must be equal to or above the standards in part 1510.0231, subpart 1.

History

Statutory Authority: MS s 21.85
History: 9 SR 693

Minn. R. 1510.0180 State Seed Laboratory Report

The report of any examination, test, or determination of the state seed laboratory as provided in Minnesota Statutes, section 21.85, subdivisions 2 and 12, applies directly to the sample of seed received and examined by the seed analyst and does not apply directly to any other sample or to the bulk of seed from which this sample was drawn, or to any other lot of seed. Any discrepancy between the analysis and the nature of the lot of seed from which the sample was drawn indicates inadequate sampling, and is the responsibility of the dealer or seller of the seed.

History

Statutory Authority: MS s 21.85

Minn. R. 1510.0190 Prohibited Advertising; Uses of State Test Results

The words "state tested" or "state" or the name of the state, the state Department of Agriculture, or state seed laboratory shall not be used for advertising or sales purpose or any other purpose in connection with any analysis test, identification, or examination of any seed or other material or any seed label price list, literature, or advertisement or in any other way to give the impression that the state or any of its subdivisions guarantees the data on any seed label or elsewhere or in any way assumes responsibility for the quality or nature of any seed or other material covered by any seed label, price list, advertisement, or literature.

History

Statutory Authority: MS s 21.85

Minn. R. 1510.0200 Grain Sold Under Variety Names

Flax, oats, and other grains sold to farmers in seed quantities in the spring or at seeding time under variety names or where variety names are mentioned in the transaction are subject to all agricultural seed requirements as to cleaning, testing, and labeling unless such seed sales are definitely known to be for nonseed purposes.

History

Statutory Authority: MS s 21.85

Minn. R. 1510.0210 Labeling for Seed Samples

Samples of all sizes of agricultural seed which are sent to or given to persons or are exposed or displayed for sale as an inducement to prospective retail or consumer purchases shall be labeled fully. The responsibility for such labeling shall rest on the person who owns the seed or in whose possession or place of business such samples are placed on display. No person shall permit any agricultural seed for sale or samples thereof to be on display in or on the person's premises which are not fully labeled.

History

Statutory Authority: MS s 21.85
History: 17 SR 1279

Minn. R. 1510.0220 Correction of Erroneous Seed Labels

Whenever, by examination of the label or by resampling and retesting of the seed or by other dependable information, the label on any seed container of agricultural seed is found to be unlawful or to be in error beyond the limits of tolerance allowed by law, the label shall be corrected at once if the seed is of legal quality. Otherwise the seed shall be removed from sale at once.

History

Statutory Authority: MS s 21.85

Minn. R. 1510.0230 [Repealed, 9 SR 693]

[Repealed, 9 SR 693]

Minn. R. 1510.0231 [Repealed, 46 SR 1308]

[Repealed, 46 SR 1308]

Minn. R. 1510.0240 [Repealed, 9 SR 693]

[Repealed, 9 SR 693]

Minn. R. 1510.0241 Standardized Germination Testing Procedures Available

A. In accordance with Minnesota Statutes, section 21.83, subdivision 2, paragraph (h), item B lists the kinds of tree and shrub seed that have standardized germination testing procedures available for them.

B. Tree and shrub seeds with standardized germination testing procedures available for them are as follows:

History

Statutory Authority: MS s 21.85
History: 9 SR 693

Minn. R. 1510.0250 [Repealed, 9 SR 693]

[Repealed, 9 SR 693]

Minn. R. 1510.0251 Kind and Variety or Type and Performance Characteristics of Flower Seeds

In accordance with Minnesota Statutes, section 21.82, subdivision 8, paragraph (a), clause (1), this part contains the requirements for labeling the kind and variety or a statement of type and performance characteristics for flower seeds prepared for use by home gardeners.

A. For seeds of plants grown primarily for their blooms;

B. For seeds of plants grown for ornamental purposes other than their blooms, the kind and variety must be stated, or the kind must be stated together with a descriptive statement concerning the ornamental part of the plant, for example, "Ornamental Gourds, Small Fruited, Mixed."

History

Statutory Authority: MS s 21.85
History: 9 SR 693

[Repealed, L 2003 c 128 art 7 s 1]

Subp. 2.

[Repealed, L 2003 c 128 art 7 s 1]

Subp. 3.

[Repealed, L 2003 c 128 art 7 s 1]

Subp. 4.

[Repealed, L 2003 c 128 art 7 s 1]

Subp. 5.

[Repealed, 26 SR 77; L 2003 c 128 art 7 s 1]

Minn. R. 1510.0290 [Repealed, 9 SR 693]

[Repealed, 9 SR 693]

Minn. R. 1510.0300 [Repealed, 9 SR 693]

[Repealed, 9 SR 693]

Minn. R. 1510.0310 Retesting and Relabeling Seeds

No seed label shall contain any purity, germination, or identification data which is not obtained by testing a sample of seed drawn from the specific containers, sacks, or bins of seed which are to be relabeled. Containers of seed which have been stored under different conditions which might affect the germination or purity of the seed differently should be sampled and tested separately.

History

Statutory Authority: MS s 21.85

Minn. R. 1510.0320 [Repealed, 46 SR 1308]

[Repealed, 46 SR 1308]

Minn. R. 1510.0330 [Repealed, 33 SR 8]

[Repealed, 33 SR 8]

Minn. R. 1510.0340 Sample Labels for Agricultural Seed

The labels shown in parts 1510.0350 and 1510.0360 are suggestive of suitable arrangement of required labeling data. Any arrangement is legal as long as data is complete and may be read and understood readily by the buyer of the seed. Misleading and confusing statements and data must be avoided.

History

Statutory Authority: MS s 21.85
History: 9 SR 693

Minn. R. 1510.0350 Suggested Label for Single Agricultural Seed

This label may be used for hybrid corn, or a special label may be used. The hybrid corn part may be omitted if not wanted. If known, the origin of the seed must be stated for all agricultural seeds or that the origin is unknown if the origin cannot be determined.

History

Statutory Authority: MS s 21.85
History: 9 SR 693

Minn. R. 1510.0360 Suggested Label for Mixtures and Blends of Agricultural Seed

History

Statutory Authority: MS s 21.85
History: 9 SR 693

Minn. R. 1510.0370 Authority and Purpose

Parts 1510.0370 to 1510.0380 are adopted by the commissioner pursuant to Minnesota Statutes, section 18C.121, to govern the storage and handling of liquid commercial fertilizer used for agricultural purposes.

History

Statutory Authority: MS s 17.725; 18C.121
History: 29 SR 655

Minn. R. 1510.0371 Definitions

Subpart 1. Scope.

For the purposes of parts 1510.0370 to 1510.0380, the terms defined in this part have the meanings given them, and "fertilizer," "commissioner," "grade," and "person" have the meanings given in Minnesota Statutes, section 18C.005.

Subp. 2. Appurtenances.

"Appurtenances" means valves, pumps, fittings, and metering or dispensing devices.

Subp. 3. Department.

"Department" means the Department of Agriculture.

Subp. 4. Facility.

"Facility" means a place where liquid commercial fertilizer is stored, mixed, blended, weighed, or handled.

Subp. 5. Incident.

"Incident" means a flood, fire, tornado, transportation accident, storage container rupture or leak, or other release of liquid commercial fertilizer, whether accidental or not, which is likely to cause a hazard to people's lives, adjoining property, or the environment.

Subp. 6. Incident notification sign.

"Incident notification sign" means a sign issued by the department displaying the emergency telephone numbers to be called in case of an incident.

Subp. 7. Liquid commercial fertilizer.

"Liquid commercial fertilizer" means either mixed fertilizer or fertilizer materials distributed in a fluid, nonpackaged form.

Subp. 8. Responsible party.

"Responsible party" means the person who has direct custody or control of liquid commercial fertilizer at the time of an incident.

Subp. 9. Safeguard.

"Safeguard" means a device, structure, or system or a combination of these designed to prevent the escape or movement of a liquid commercial fertilizer from the place it is stored which might result in the pollution of any surface or ground waters.

Subp. 10. Storage container.

"Storage container" means a tank in which liquid commercial fertilizer is stored. This does not include delivery equipment unless the delivery equipment is used for storage.

Subp. 11. Substantially altering.

"Substantially altering" means modifying a facility by adding additional safeguards or storage containers, or changing existing storage containers, safeguards, appurtenances, or piping. This does not include routine maintenance of existing safeguards, storage containers, appurtenances, and piping or of existing mixing, blending, weighing, and handling equipment.

History

Statutory Authority: MS s 17.725; 18C.121
History: 29 SR 655

Minn. R. 1510.0372 Approval of Facility and Equipment

Subpart 1. Commissioner approval.

A person beginning construction of a new facility or substantially altering an existing facility shall first obtain the approval of the commissioner.

Subp. 2. Application.

The application for approval must be made on forms provided by the commissioner and must contain the following information:

A. the name, address, and phone number of the firm making application;

B. the name, address, and phone number of the firm that will operate the facility;

C. the name, address, and phone number of the firm that will construct, install, or modify the site;

D. a statement as to whether the facility is new or existing and whether the alterations will be substantial;

E. the location of the site, including its legal description;

F. copies of any permits required for the construction, installation, or modification of the facility;

G. the size of the lot owned or leased;

H. a statement of the approximate distance to nearby lakes, streams, or drainage ditches, or a storm drain into which liquid could flow;

I. a statement of the general soil type found at the site and the type, depth, and proximity of wells on or near the site;

J. the nature of the terrain at the site;

K. the number and capacity of storage containers;

L. a description of the type of storage containers;

M. a description of the type of safeguards, including drawings or pictures, if available;

N. at least three scale drawings of the facility, including other storage containers and buildings;

O. a plumbing diagram showing the location and type of pumps and valves used to control all transfers of liquid commercial fertilizer;

P. a description of the contingency plan filed with local fire and law enforcement personnel for emergency situations; and

Q. any other information required by the commissioner reasonably related to the construction, installation, or modification of a liquid commercial fertilizer facility in order to prevent hazards to people's lives, adjoining property, and the environment.

Subp. 3. Criteria.

The commissioner shall approve the application when inspection of the facility and review of the application demonstrate that the proposed facility satisfies the requirements of parts 1510.0370 to 1510.0380 and provides safeguards to prevent hazards to people's lives, adjoining property, and the environment.

Subp. 4. Review of approval.

The commissioner shall review approved facilities if the commissioner has reason to believe that existing safeguards are not sufficient to prevent hazards to people's lives, adjoining property, or the environment. Upon determination by the commissioner that hazards to people's lives, adjoining property, or the environment do exist, the commissioner shall proceed in accordance with Minnesota Statutes, chapter 18D.

History

Statutory Authority: MS s 17.725; 18C.121
History: 29 SR 655

Minn. R. 1510.0373 Previously Established Facilities

The person who operates a facility which was established prior to July 11, 1983, including persons who were granted a permit by the Pollution Control Agency, must obtain the commissioner's approval of the facility and equipment according to the following schedule:

A. The person who operates a facility established prior to January 1, 1965, must seek the approval of the commissioner by July 11, 1984.

B. The person who operates a facility established from January 1, 1965, to December 31, 1973, must seek the approval of the commissioner by July 11, 1985.

C. The person who operates a facility established from January 1, 1974, to May 31, 1975, must seek the approval of the commissioner by July 11, 1986.

D. The person who operates a facility established from June 1, 1975, to December 31, 1977, must seek the approval of the commissioner by July 11, 1987.

E. The person who operates a facility established from January 1, 1978, to December 31, 1979, must seek the approval of the commissioner by July 11, 1988.

F. The person who operates a facility established from January 1, 1980, to July 11, 1983, must seek the approval of the commissioner by July 11, 1989.

History

Statutory Authority: MS s 17.725

Minn. R. 1510.0374 Variances

Upon receipt of a written request, the department shall grant a variance from this rule when the request shows that compliance with this rule would cause unreasonable economic hardship to the requester and that the requested use would not constitute a hazard to people's lives, adjoining property, or the environment. The department shall set forth in writing its reasons for granting or denying a requested variance within 60 days of the request.

History

Statutory Authority: MS s 17.725

Minn. R. 1510.0375 Maintenance and Operations

Safeguards, storage containers, and mixing, blending, weighing, and handling equipment must be maintained and operated in a manner which will prevent the escape of any liquid commercial fertilizer from the facility.

Adequate provisions must be made to protect all above-ground piping from physical damage that might result from moving machinery, equipment, and vehicles.

Main valves must be located as near to the storage container as possible and must be either closed and made inoperative when the facility is unattended or protected against tampering by adequate fencing.

Appurtenances and storage containers must be properly maintained, protected against rust, and painted to prevent corrosion and leakage.

Storage container areas must be kept free of clutter and ignitable materials including weeds and long dry grass.

History

Statutory Authority: MS s 17.725

Minn. R. 1510.0376 Safeguards

Persons storing liquid commercial fertilizers in storage containers shall provide safeguards for containment at least equal to the holding capacity of the largest single storage container.

History

Statutory Authority: MS s 17.725

Minn. R. 1510.0377 Markings

Each storage container must be labeled in a clearly legible and conspicuous manner with the appropriate grade or guaranteed analysis of the contents of the storage container.

An identification sign must be displayed in a clearly legible and conspicuous manner stating the name, address, and telephone number of the nearest agent, representative, owner, or person who operates the facility.

An incident notification sign must be posted in a conspicuous place within the facility.

History

Statutory Authority: MS s 17.725

Minn. R. 1510.0378 Incidents

A person involved in or responsible for an incident shall report the incident to the department. The department shall immediately notify other state agencies with jurisdiction regarding the incident. The responsible party shall take appropriate action to contain or clean up the results of the incident. The department shall be the lead state agency for making decisions involving the cleanup or containment operations and shall initiate those operations necessary to prevent hazards to people's lives, adjoining property, or the environment. By initiating cleanup or containment operations, the department does not assume any liability for costs in addition to that prescribed or imposed by law.

History

Statutory Authority: MS s 17.725

Minn. R. 1510.0379 Exempt Facilities

Parts 1510.0370 to 1510.0380 do not apply to anhydrous ammonia facilities, or to portable or nonstationary tanks.

History

Statutory Authority: MS s 17.725

Minn. R. 1510.0380 Enforcement

The commissioner shall proceed in accordance with Minnesota Statutes, chapter 18D, upon satisfactory evidence that the storage or handling of liquid commercial fertilizer does not meet the provisions in parts 1510.0370 to 1510.0380.

History

Statutory Authority: MS s 17.725; 18C.121
History: 29 SR 655

Minn. R. 1510.0400 Authority and Purpose

Parts 1510.0400 to 1510.0408 are adopted by the commissioner pursuant to Minnesota Statutes, section 18C.121, to govern the storage and handling of dry commercial fertilizer used for agricultural purposes.

History

Statutory Authority: MS s 17.725; 18C.121
History: 29 SR 655

Minn. R. 1510.0401 Definitions

Subpart 1. Scope.

For the purposes of parts 1510.0401 to 1510.0408, the terms defined in this part have the meanings given them, and "fertilizer," "commissioner," "grade," and "person" have the meanings given in Minnesota Statutes, section 18C.005.

Subp. 2. Department.

"Department" means the Department of Agriculture.

Subp. 3. Dry commercial fertilizer.

"Dry commercial fertilizer" means either mixed fertilizer or fertilizer materials distributed in a nonfluid, nonpackaged form.

Subp. 4. Facility.

"Facility" means a place where dry commercial fertilizer is stored, mixed, blended, weighed, or handled.

Subp. 5. Incident.

"Incident" means a flood, fire, tornado, transportation accident, or other event causing a release of dry commercial fertilizer, whether accidental or not, which is likely to cause a hazard to people's lives, adjoining property, or the environment.

Subp. 6. Incident notification sign.

"Incident notification sign" means a sign issued by the department displaying emergency telephone numbers to be called in the case of an incident.

Subp. 7. Responsible party.

"Responsible party" means the person who has direct custody or control of the dry commercial fertilizer at the time of an incident.

Subp. 8. Safeguard.

"Safeguard" means a device, structure, or system or a combination of these designed to prevent the escape or movement of a dry commercial fertilizer from the place it is stored which might result in the pollution of any surface or ground waters.

Subp. 9. Storage container.

"Storage container" means a tank or bin in which dry commercial fertilizer is stored. This does not include delivery equipment unless the delivery equipment is used for storage.

Subp. 10. Substantially altering.

"Substantially altering" means modifying a facility by adding additional safeguards or storage containers, or by changing existing safeguards or storage containers. This does not include routine maintenance of existing safeguards or storage containers or of existing mixing, blending, weighing, and handling equipment.

History

Statutory Authority: MS s 17.725; 18C.121
History: 29 SR 655

Minn. R. 1510.0402 Approval of Facility and Equipment

Subpart 1. Commissioner approval.

A person beginning construction of a new facility or substantially altering an existing facility shall first obtain the approval of the commissioner.

Subp. 2. Forms.

The application for approval must be made on forms provided by the commissioner and must contain the following information:

A. the name, address, and phone number of the firm making the application;

B. the name, address, and phone number of the firm that will operate the facility;

C. the name, address, and phone number of the firm that will construct, install, or modify the site;

D. a statement as to whether the facility is new or existing and whether the alterations will be substantial;

E. the location of the site, including its legal description;

F. copies of any permits required for the construction, installation, or modification of the facility;

G. the size of the lot owned or leased;

H. the number and capacity of storage containers;

I. a description of the type of storage containers;

J. a description of the type of safeguards, if any;

K. at least three scale drawings of the facility, including other storage containers and buildings;

L. a description of the contingency plan filed with local fire and law enforcement personnel for emergency situations; and

M. any other information required by the commissioner reasonably related to the construction, installation, or modification of a dry commercial fertilizer facility in order to prevent hazards to people's lives, adjoining property, and the environment.

Subp. 3. Criteria.

The commissioner shall approve the application when inspection of the facility and review of the application demonstrate that the proposed facility satisfies the requirements of parts 1510.0400 to 1510.0408 and provides safeguards to prevent hazards to people's lives, adjoining property, and the environment.

Subp. 4. Review of approved facilities.

History

Statutory Authority: MS s 17.725; 18C.121
History: 29 SR 655

Minn. R. 1510.0403 Variances

Upon receipt of a written request, the department shall grant a variance from these parts when the request shows that compliance with this rule would cause unreasonable economic hardship to the requester and that the requested use would not constitute a hazard to people's lives, adjoining property, or the environment. The department shall set forth in writing its reasons for granting or denying a requested variance within 60 days of the request.

History

Statutory Authority: MS s 17.725

Minn. R. 1510.0404 Maintenance and Operations

Safeguards, storage containers, and mixing, blending, weighing, and handling equipment must be maintained and operated in a manner which will prevent avoidable amounts of particulate matter from leaving the facility. This requirement does not apply to facilities governed by this rule which were established prior to the date of its adoption unless the existing facility, without modification, would result in a hazard to people's lives, adjoining property, or the environment.

Storage containers must be maintained to prevent cross contamination of various dry commercial fertilizers.

Storage container areas must be kept free of clutter and ignitable materials including weeds and long dry grass.

History

Statutory Authority: MS s 17.725

Minn. R. 1510.0405 Markings

Each storage container must be labeled in a clearly legible and conspicuous manner with the appropriate grade or guaranteed analysis of the contents of the storage container.

An incident notification sign must be posted in a conspicuous place within the facility.

History

Statutory Authority: MS s 17.725

Minn. R. 1510.0406 Outside Storage

Outside dry commercial fertilizer storage piles may not be located in areas where surface water runoff could enter storm sewers, sanitary sewers, or other surface or ground waters.

History

Statutory Authority: MS s 17.725

Minn. R. 1510.0407 Incidents

A person involved in or responsible for an incident shall report the incident to the department. The department shall immediately notify other state agencies with jurisdiction regarding the incident. The responsible party shall take appropriate action to contain or clean up the results of the incident. The department shall be the lead state agency for making decisions involving cleanup or containment operations and shall initiate those operations necessary to prevent hazards to people's lives, adjoining property, or the environment. By initiating cleanup or containment operations, the department does not assume any liability for costs in addition to that prescribed or imposed by law.

History

Statutory Authority: MS s 17.725

Minn. R. 1510.0408 Enforcement

The commissioner shall proceed in accordance with Minnesota Statutes, chapter 18D, upon satisfactory evidence that the storage or handling of dry commercial fertilizer does not meet the provisions in parts 1510.0401 to 1510.0408.

History

Statutory Authority: MS s 17.725; 18C.121
History: 29 SR 655

Minn. R. 1510.0410 Authority and Purpose

Parts 1510.0410 to 1510.0422 are adopted by the commissioner pursuant to Minnesota Statutes, section 18C.121, to prescribe conditions for labels and procedures for labeling fertilizers.

History

Statutory Authority: MS s 17.725; 18C.121
History: 19 SR 2485

Minn. R. 1510.0411 Definitions

Subpart 1. Scope.

For the purposes of parts 1510.0410 to 1510.0422, the terms defined in this part have the meanings given them, and "brand," "commissioner," "compost," "fertilizer," "grade," "guarantor," "label," "labeling," "organic," "plant food," "sewage sludge," and "specialty fertilizer," have the meanings given in Minnesota Statutes, section 18C.005.

Subp. 1a. Animal manure.

"Animal manure" means the excreta of animals together with whatever bedding materials are needed to follow good dairy barn, feedlot, and poultry house practices to maintain proper sanitary conditions.

Subp. 1b. Continuous liquid feed.

"Continuous liquid feed" means the external application of water soluble nutrients in the irrigation water every time the plant requires water.

Subp. 2. Department.

"Department" means the Department of Agriculture.

Subp. 3. Filler.

"Filler" means a substance added to fertilizer to provide bulk, prevent caking, or serve some purpose other than providing essential plant nutrients.

Subp. 4. Hydroponic.

"Hydroponic" means a system in which water soluble nutrients are placed in intimate contact with the plant's root system, being grown in an inert supportive medium which supplies physical support for the roots but which does not add or subtract plant nutrients.

Subp. 5. Nitrogen stabilizer.

"Nitrogen stabilizer" means a substance added to a fertilizer that extends the time the nitrogen component of the fertilizer remains in the soil in the ammoniacal form.

Subp. 6. Organic fertilizer.

"Organic fertilizer" means a material containing carbon and one or more elements other than hydrogen and oxygen essential for plant growth.

Subp. 7. Peat.

"Peat" means the partly decayed vegetable matter of natural occurrence. It is composed chiefly of organic matter that may contain some nitrogen of low activity.

Subp. 8. Physical manipulation.

"Physical manipulation" means fertilizers that are manufactured, blended, or mixed, or animal manures or compost that have been changed from their initial physical state by manipulations such as drying, cooking, chopping, grinding, shredding, ashing, or pelleting.

Subp. 9. Plant nutrient.

"Plant nutrient" has the meaning given to "plant food" in Minnesota Statutes, section 18C.005, subdivision 26.

Subp. 10. Potting soil.

"Potting soil" means a material suitable for holding and growing potted plants and made primarily from natural materials. It may include fertilizers, pesticides, and soil or plant amendments.

Subp. 11. Primary plant nutrients.

"Primary plant nutrients" includes total nitrogen (N), available phosphate (P2O5), and soluble potash (K2O).

Subp. 12. Secondary and micro plant nutrients.

"Secondary and micro plant nutrients" includes those other than the primary nutrients that are essential for the normal growth of plants and that may need to be added to the growth medium. "Secondary plant nutrients" include calcium, magnesium, and sulfur. "Micro plant nutrients" include boron, chlorine, cobalt, copper, iron, manganese, molybdenum, sodium, and zinc.

Subp. 13. Synthetic.

"Synthetic" means any substance generated from another material or materials by means of a chemical reaction.

History

Statutory Authority: MS s 17.725; 18C.121
History: 19 SR 2485

Minn. R. 1510.0412 Label Information Requirements

Subpart 1. Information and format.

Specialty fertilizers offered for sale, sold, or distributed in this state, in bags or other containers, must have placed on or affixed to the container the following information in the following format except as provided in part 1510.0413:

A. net weight;

B. brand and grade, provided that:

C. guaranteed analysis, which is the minimum percentage of plant nutrients claimed in the following form:

D. a derivative statement indicating the sources of plant nutrients, listing the common or usual English name of all ingredients used in manufacturing or blending the fertilizer must be placed immediately below the guaranteed analysis statement;

E. name and address of guarantor;

F. a direction for use statement.

Subp. 2. Secondary and micro plant nutrients permitted.

The commissioner shall accept guarantees only for the additional secondary and micro plant nutrients listed in this subpart. These additional plant nutrients in a particular fertilizer may be guaranteed if they meet the following minimum content requirements:

Subp. 3. Procedures.

If any of the plant nutrients in subpart 2 are guaranteed, the procedures in items A to F must be followed for labels and labeling.

A. The plant nutrients must be listed immediately following nitrogen, phosphorus, and potassium.

B. The plant nutrients must appear in the format listed in subpart 2.

C. The plant nutrients must appear in the order listed in subpart 2.

D. The plant nutrients must be stated on the elemental basis.

E. The percentages of each of the plant nutrients contained in the fertilizer must be stated.

F. Water soluble nutrients labeled for hydroponic or continuous feeding programs and guarantees for potting soils are exempt from the minimum guarantee requirement.

Subp. 4. Prohibition.

If the minimum requirement stated in subpart 2 is not met for a particular plant nutrient, labels and labeling for the fertilizer may not contain any statement regarding that particular plant nutrient.

Subp. 5. Breakdown of plant food elements within the guaranteed analysis.

When a plant nutrient guarantee is broken down into the component forms, the percentage for each component must be shown before the name of the form. Descriptive terms may be used to identify both the total nutrient and its components. Zero guarantees are not acceptable as noted in part 1510.0413, however, they are allowed in the nutrient breakdown guarantees.

Subp. 6. Mentioned plant nutrients.

Plant nutrients, when mentioned in any form or manner on any label or labeling, must be listed and guaranteed.

Subp. 7. Additional nonplant food materials.

Additional information that is not listed in subparts 1, item C; 2; and 5 may not appear in the guaranteed analysis statement, but may appear on the label if placed below and separate from the guaranteed analysis statement.

History

Statutory Authority: MS s 17.725; 18C.121
History: 19 SR 2485

Minn. R. 1510.0413 Exceptions to Label Information Requirements

Subpart 1. Zero percentages.

If the percentage of any plant nutrient in specialty fertilizer is zero, the plant nutrient must be omitted from the guaranteed analysis statement.

Subp. 2. Chemical forms of nitrogen.

Chemical forms of nitrogen must be listed, without limitation, when the nitrogen is organic or slowly released. Whenever the chemical forms of nitrogen are claimed, they must be claimed in the form indicated in part 1510.0412, subpart 1, item C, and add up to the total nitrogen guarantee.

Subp. 3. Custom orders; bulk sales.

A distributor who blends or mixes a fertilizer to a customer's order without a guaranteed analysis of the final mixture or distributes a fertilizer in bulk must furnish each purchaser with an invoice or delivery ticket in written or printed form showing the net weight and guaranteed analysis of each fertilizer sold or used in the mixture and the name and address of the guarantor. Other information in part 1510.0412 is not required for blended, bulk, or mixed fertilizers.

History

Statutory Authority: MS s 17.725; 18C.121
History: 19 SR 2485

Minn. R. 1510.0414 Location of Label Information

For packaged fertilizers, the information required in part 1510.0412 must be in a readable and conspicuous form and must appear:

A. on the front or back side of the container;

B. on the upper one-third of the side of a container;

C. on the upper end of the container; or

D. printed on a tag affixed to the upper end of the container.

History

Statutory Authority: MS s 17.725; 18C.121
History: 19 SR 2485

Minn. R. 1510.0415 [Repealed, 19 SR 2485]

[Repealed, 19 SR 2485]

Minn. R. 1510.0416 Controlled Release Plant Nutrients

Subpart 1. Prohibited statement on label.

A fertilizer label may not bear a statement that connotes or implies that certain plant nutrients contained in the fertilizer are released slowly over a period of time, unless the controlled release components are identified and guaranteed at a level of at least 15 percent of the total guarantee for that nutrient.

Subp. 2. Permitted labels.

The following types of plant nutrients may be labeled as controlled release plant nutrients:

A. water insoluble nitrogen products, such as natural organics, ureaform materials, urea formaldehyde products, isobutylidene diurea, and oxamide;

B. coated controlled release plant nutrients such as sulfur coated urea and other encapsulated soluble fertilizers;

C. occluded controlled release plant nutrients, such as fertilizers mixed with waxes, resins or other inert materials and formed into particles; and

D. products containing water soluble nitrogen such as ureaform materials, urea formaldehyde products, methylenediurea (MDU), dimethylenetriurea (DMTU), and dicyanodiamide (DCD).

Subp. 3. Descriptive terms.

"Controlled release" is the preferred term, however the terms "water insoluble," "coated slow release," "slow release," "controlled release," "slowly available water soluble," and "occluded slow release" are accepted as descriptive of these products, provided that the manufacturer can show a testing program approved by the department substantiating the claim.

Subp. 4.

[Repealed, 19 SR 2485]

Subp. 5.

[Repealed, 19 SR 2485]

Subp. 6. Methods.

Until more appropriate methods are developed, Association of Official Analytical Chemists (AOAC) International method number 970.04 (15th Edition), or the appropriate AOAC International method in a subsequent edition, must be used to confirm the coated controlled release and occluded controlled release plant nutrients and others whose slow release characteristics depend on particle size. AOAC International method number 945.01 (15th Edition), or the appropriate AOAC International method in a subsequent edition, must be used to determine the water insoluble nitrogen of organic materials.

Subp. 7.

[Repealed, 19 SR 2485]

Subp. 8.

[Repealed, 19 SR 2485]

Subp. 9. Acceptable guaranteed analysis breakdown for coated controlled release or occluded controlled release nutrients.

When nutrients in a fertilizer are coated, or occluded to obtain controlled release properties, then the guarantees for those components must be shown as footnotes rather than as a component following each nutrient as indicated in items A to C.

A. A fertilizer with one coated material.

B. A fertilizer with all materials of one nutrient coated.

C. A fertilizer with two or more nutrients from coated materials. * The nitrogen, phosphate, and potash materials in this product have been coated to provide 9.0 percent coated controlled release nitrogen (N), 13 percent coated controlled release available phosphate (P2O5), and 18 percent coated controlled release soluble potash (K2O).

Subp. 10. Acceptable guaranteed analysis breakdown for slowly available water soluble nitrogen.

If a fertilizer material or fertilizer mixture contains recognized and determinable forms of water soluble nitrogen with controlled release properties, the guarantees for those components, if claimed, must be shown as footnotes rather than as a component in the nitrogen breakdown, as indicated in items A and B.

A. OR

B. Note: If other recognized forms of water soluble nitrogens are listed in the nitrogen breakdown, the term "other" must precede the "water soluble nitrogen*" footnoted breakdown. The word "organic" may be used in the nitrogen breakdown where appropriate.

History

Statutory Authority: MS s 17.725; 18C.121
History: 19 SR 2485

Minn. R. 1510.0417 Fish Emulsions

The following is an example of an acceptable breakdown of nitrogen for a fish emulsion fertilizer:

In the example given above, water insoluble nitrogen is guaranteed but no claims or statements, such as slow acting or slow release, can be used since it is less than 15 percent of the total nitrogen.

History

Statutory Authority: MS s 17.725; 18C.121
History: 19 SR 2485

Minn. R. 1510.0418 [Repealed, 19 SR 2485]

[Repealed, 19 SR 2485]

Minn. R. 1510.0419 Labeling and Labels

Subpart 1. Labeling and labels.

Proposed labeling and labels with directions for use of the fertilizer must be furnished with the application for registration of a fertilizer.

Subp. 2. Foliar fertilizers.

Any product labeled or advertised for foliar fertilization must be prominently labeled either with directions for use showing only the rates and conditions for use that have been scientifically documented as benefiting crops or other intended plants, or with the following statement: "Foliar fertilization is intended as a supplement to a regular fertilization program and may not, by itself, provide all the nutrients normally required by crops or other intended plants."

Subp. 3. Animal manures.

If ingredients are added to animal manure, the ingredients must be specified on the principal label of the container. If the added ingredient exceeds the amount of manure, it must be the first ingredient listed on the principal label and the words, "manure," "cattle manure," "sheep manure," and similar terms must be in type noticeably smaller than that used for the added ingredient. If the packaging of a product features the picture of a designated animal, manure of that species of animal must comprise more than 50 percent of the material in the container.

Subp. 4. Labeling standards.

The descriptive terms listed in items A to G may be used on a fertilizer label or labeling only if the fertilizer conforms to the following standards.

A. "Natural base fertilizer" is a mixed fertilizer in which more than one-half of the fertilizer material is natural and more than one-half of the sum of the guaranteed primary nutrient percentages is derived from natural fertilizers.

B. "Natural fertilizer" is a substance composed only of natural organic or natural inorganic fertilizers and natural fillers.

C. "Natural inorganic fertilizer" is a mineral fertilizer source that exists in or is produced by nature and may be altered from its original state only by physical manipulation.

D. "Natural organic fertilizer" is composed of fertilizer materials derived from either plant or animal products containing one or more elements, other than carbon, hydrogen, and oxygen that are essential for plant growth. These materials may be subjected to biological degradation processes under normal conditions of aging, rainfall, sun curing, air drying, composting, rotting, enzymatic or anaerobic/aerobic bacterial action, or combination of these. These materials may not be mixed with synthetic materials or changed in any physical or chemical manner from their initial state except by manipulations such as drying, cooking, chopping, grinding, shredding, hydrolysis, or pelleting.

E. "Organic base fertilizer" is a mixed fertilizer in which more than one-half of the fertilizer material is organic and more than one-half of the sum of the guaranteed primary nutrient percentages is derived from organic fertilizers.

F. "Sphagnum peat moss" is a peat source from a sphagnum moss peat deposit (bog) of which an oven-dried sample would contain a minimum of 66-2/3 percent sphagnum moss fiber by weight. The fibers must be stems and leaves of sphagnum that have recognizable fibrous and cellular structure.

G. "Stabilized nitrogen fertilizer" is a fertilizer to which a nitrogen stabilizer has been added.

Subp. 5. Environmentally beneficial.

A claim that a product is "environmentally beneficial" or a similar claim must be accompanied by a statement of explanation of the rationale for the claim and a list of all ingredients in order to allow the consumer to determine the validity of the statement.

Subp. 6. Safety.

Statements suggesting that a product is completely safe and nontoxic to humans, animals, or the environment are considered misbranding and must not appear on the label.

Subp. 7. Potting soils.

If plant nutrients are mentioned in any form or manner on any label or labeling, they must be listed and guaranteed and the potting soil must be registered as a specialty fertilizer.

Subp. 8. Organic nitrogen.

Only nitrogen derived from natural organic or synthetic organic fertilizers with slow release properties may be designated as organic.

A. If an amount of nitrogen is designated as organic, the water insoluble nitrogen or controlled release nitrogen guarantee or any combination of the two must not be less than 60 percent of the nitrogen so designated.

B. If a fertilizer product is designated as organic and no amount of nitrogen is specifically designated as organic, all of the nitrogen guaranteed must be derived from organic fertilizer materials and the water insoluble nitrogen or controlled release nitrogen guarantee or any combination of the two must not be less than 60 percent of the total nitrogen guarantee.

C. Coated urea may not be included in meeting the 60 percent controlled release nitrogen requirements.

D. If a fertilizer contains organic nitrogen derived from synthetic organic fertilizer materials and the term "organic" is used on the label or labeling, the label must bear a statement that the product contains synthetic organic nitrogen, followed by a list of the synthetic ingredients. For example: "This fertilizer contains synthetic organic nitrogen derived from ........." The statement must be printed following the derivative statement and be in type no smaller than that of the type of the derivative statement. For example:

History

Statutory Authority: MS s 17.725; 18C.121
History: 19 SR 2485

Minn. R. 1510.0420 MR 1993 [Renumbered 1510.0421]

MR 1993 [Renumbered 1510.0421]

History

Statutory Authority: MS s 18C.121
History: 19 SR 2485

Minn. R. 1510.0421 MR 1993 [Renumbered 1510.0422]

MR 1993 [Renumbered 1510.0422]

History

Statutory Authority: MS s 17.725; 18C.121
History: 19 SR 2485

Minn. R. 1510.0422 Enforcement

The commissioner shall proceed in accordance with Minnesota Statutes, section 18D.305, upon satisfactory evidence that a label or labeling of a fertilizer does not meet the provisions in parts 1510.0410 to 1510.0422.

History

Statutory Authority: MS s 17.725; 18C.121
History: 19 SR 2485

Minn. R. 1510.0430 Authority and Purpose

Parts 1510.0430 to 1510.0434 are adopted by the commissioner pursuant to Minnesota Statutes, section 18C.121, to prescribe conditions for the labels and procedures for labeling soil and plant amendments.

History

Statutory Authority: MS s 17.725; 18C.121
History: 19 SR 2269

Minn. R. 1510.0431 Definitions

Subpart 1. Scope.

The definitions in this part apply to parts 1510.0430 to 1510.0434. For the purposes of parts 1510.0430 to 1510.0434, the terms "brand," "commissioner," "compost," "fertilizer," "guarantor," "label," "labeling," "plant amendment," "plant food," "sewage sludge," and "soil amendment" have the meanings given them in Minnesota Statutes, section 18C.005.

Subp. 2. Animal manure.

Subp. 3. Inert ingredients.

"Inert ingredients" means the ingredients present in soil or plant amendments that are not soil or plant amending ingredients.

Subp. 4. Peat.

"Peat" means partly decayed vegetable matter of natural occurrence. It is composed chiefly of organic matter that may contain some nitrogen of low activity.

Subp. 5. Sphagnum peat moss.

"Sphagnum peat moss" means a peat source from a sphagnum moss peat deposit (bog) of which an oven-dried sample would contain a minimum of 66-2/3 percent sphagnum moss fiber by weight. These fibers are stems and leaves of sphagnum that have recognizable fibrous and cellular structure.

History

Statutory Authority: MS s 17.725; 18C.121
History: 19 SR 2269

Minn. R. 1510.0432 Label Requirements

Subpart 1. Information required.

A soil or plant amendment offered for sale or sold in this state in bags or other containers must have placed on or affixed to the container the following information:

A. net weight;

B. brand name;

C. guaranteed analysis, which must be in the following format:

D. name and address of guarantor;

E. directions for the soil or plant amendment's use; and

F. the soil or plant amendment's purpose or proposed use.

Subp. 2.

[Repealed, 19 SR 2269]

Subp. 3.

[Repealed, 19 SR 2269]

Subp. 3a. Sewage sludge without charge.

If sewage sludge is transferred between parties without compensation, a copy of the sewage sludge analysis required by the rules of the Minnesota Pollution Control Agency is sufficient to meet the labeling requirements.

Subp. 4. Packaged soil or plant amendments.

If packaged soil or plant amendments are offered for sale, the information required in subpart l must be in a readable and conspicuous form and must appear:

A. on the front or back side of the container;

B. on the upper one-third of the side of a container;

C. on the upper end of the container; or

D. printed on a tag affixed to the upper end of the container.

Subp. 5. Bulk soil or plant amendments.

If bulk soil or plant amendments are offered for sale, the information required in subpart 1, in written or printed form, must be supplied to the purchaser.

History

Statutory Authority: MS s 17.725; 18C.121
History: 19 SR 2269

Minn. R. 1510.0433 Labeling and Labels

Subpart 1. Labeling and labels.

Proposed labeling and labels with directions for use of the soil or plant amendment must be furnished with an application for registration of a soil or plant amendment.

Subp. 2. Animal manures.

If ingredients are added to animal manure, the ingredients must be specified on the principal label of the container. If the added ingredient exceeds the amount of manure, it must be the first ingredient listed on the principal label and "manure," "cattle manure," "sheep manure," or a similar term must be in type noticeably smaller than that used for the added ingredient. If the packaging of a product features the picture of a designated animal, manure of that species of animal must comprise more than 50 percent of the material in the container.

Subp. 3. Environmentally beneficial.

Subp. 4. Safety.

A statement suggesting that a product is completely safe and nontoxic to humans, animals, or the environment is a misbranding of the product and must not appear on the label.

Subp. 5. Name of a soil or plant amendment material.

If the name of a soil or plant amendment ingredient is used as part of the brand name of a soil or plant amendment, such as animal manure, peat, sphagnum peat moss, or compost, the soil or plant amendment must be composed entirely of the ingredient named.

History

Statutory Authority: MS s 17.725; 18C.121
History: 19 SR 2269

Minn. R. 1510.0434 Enforcement

The commissioner shall proceed in accordance with Minnesota Statutes, section 18D.305, upon satisfactory evidence that a label or labeling of a soil or plant amendment or sewage sludge does not comply with parts 1510.0430 to 1510.0434.

History

Statutory Authority: MS s 17.725; 18C.121
History: 19 SR 2269

The names and definitions for commercial feeds are specified in the Official Definition of Feed Ingredients adopted by the Association of American Feed Control Officials.

The terms used in reference to commercial feeds and feed ingredients are specified in the Official Feed Terms adopted by the Association of American Feed Control Officials and published in the Official Publication of the Association of American Feed Control Officials which, for purposes of this chapter, is incorporated by reference. This document can be found at the Minnesota Law Library Judicial Center, 25 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155.

Subp. 2. Exempt commodities.

The following commodities, if unadulterated under Minnesota Statutes, section 25.37, are exempt from the definition of commercial feed: raw meat, hay, loose salt, straw, stover, silages, cobs, husks, and hulls, if they are unground and not mixed or intermixed with other materials.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.1935 [Repealed, 29 SR 655]

[Repealed, 29 SR 655]

Minn. R. 1510.1940 [Repealed, 29 SR 655]

[Repealed, 29 SR 655]

Minn. R. 1510.1943 Label Format

Subpart 1. Commercial feed; general.

Commercial feed, other than customer-formula feed, must be labeled with the information prescribed in this subpart on the principal display panel of the product and in the following format:

A. product and brand name, if any, as prescribed in part 1510.1947, subpart 2;

B. if drugs are used, label as prescribed in part 1510.1947, subpart 3;

C. purpose statement as prescribed in part 1510.1947, subpart 4;

D. the guaranteed analysis as prescribed in part 1510.1947, subpart 5;

E. feed ingredients as prescribed in part 1510.2130;

F. directions for use and precautionary statements as prescribed in parts 1510.2170 and 1510.2180;

G. name and principal mailing address of the manufacturer or person responsible for distributing the commercial feed as prescribed in part 1510.1947, subpart 7;

H. quantity statement in terms defined in Minnesota Statutes, section 25.33, subdivision 24, with net weight displayed, if required, in both English and metric units; and

I. label information placed as follows:

Subp. 2. Customer-formula feed.

Customer-formula feed must be accompanied by the information prescribed in this subpart using a label, invoice, delivery ticket, or other shipping document bearing the following information:

A. the name and address of the manufacturer;

B. the name and address of the purchaser;

C. the date of sale or delivery;

D. the customer-formula feed and brand name, if any;

E. the product name and net quantity of each commercial feed and each other ingredient used in the mixture, or a guaranteed analysis and ingredient list in accordance with Minnesota Statutes, section 25.35, paragraph (a), clauses (2) and (3);

F. the directions for use and precautionary statements as required by parts 1510.2170 and 1510.2180; and

G. if a drug-containing product is used:

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.1947 Label Information

Subpart 1. Requirement.

Commercial feed, other than customer-formula feed, must be labeled with the information prescribed in this part.

Subp. 2. Product and brand name.

The product name and brand name must be indicated in accordance with items A to I.

A. The brand or product name must be appropriate for the intended use of the feed and must not be misleading. Feed must conform with any specific use indicated by a product name. A commercial feed for a particular animal class must be suitable for that purpose.

B. Commercial names, registered brand names, or trade names are not permitted in guarantees or ingredient listings and are only permitted in the product name of feeds produced by or for the firm holding the rights to the name used.

C. No product or brand name may identify an ingredient of a commercial feed to the exclusion of another ingredient unless:

D. "Protein" is not permitted in the product name of a feed that contains added nonprotein nitrogen.

E. A product name that carries a percentage value is understood to signify crude protein, equivalent crude protein content only, or the sum of crude protein and equivalent crude protein. Other percentage values are only permitted if they are followed by the proper descriptive modifier and conform to the requirements of part 1510.1943 and this part. Digital numbers must not be used in a way that misleads or confuses the customer.

F. Single ingredient feeds must have a product name in accordance with the designated definition of feed ingredients contained in the Official Publication of the Association of American Feed Control Officials.

G. "Vitamin," a contraction of vitamin, or a word suggesting vitamin, may only be used in the name of a feed that is represented as a vitamin supplement and labeled with the minimum content of each vitamin declared, as specified in part 1510.2070, subpart 3.

H. The term "mineralized" must not be used in the name of a feed except for "trace mineralized salt."

I. The term "meat" or "meat by-products" must be qualified to designate the animal from which the meat and meat by-products are derived unless the meat and meat by-products are made from cattle, swine, sheep, or goats.

Subp. 3. Drug usage.

If a drug is used in the product:

A. the word "medicated" must appear directly following and below the product name in type size no smaller than one-half the type size of the product name;

B. there must be a purpose statement as required in subpart 4;

C. the purpose of the medication must be stated; and

D. there must be an active ingredient statement listing the active drug ingredients by their established names and the amounts in accordance with part 1510.2070, subpart 4.

Subp. 4. Purpose statement.

A purpose statement must be included in accordance with items A to E.

A. The purpose statement must identify the specific species and animal classes for which the feed is intended.

B. The purpose statement may be excluded from the label if the product name includes a description of the species and animal classes for which the product is intended.

C. The purpose statement of a premix for the manufacture of feed may exclude the animal class and species and state "For Further Manufacture of Feed" if the nutrients contained in the premix are guaranteed and sufficient for formulation into various animal species feeds.

D. The purpose statement of a single purpose ingredient blend, such as a blend of animal protein products, milk products, fat products, roughage products, or molasses products may exclude the animal class and species and state "For Further Manufacture of Feed" if the label guarantees of the nutrients contained in the single purpose nutrient blend are sufficient to provide for formulation into various animal species feeds.

E. The purpose statement of a product must include a statement of enzyme functionality if enzymatic activity is represented in any manner.

Subp. 5. Guarantees.

A. If they are stated, guarantees must be in the following sequence: crude protein, equivalent crude protein from nonprotein nitrogen, amino acids, crude fat, crude fiber, acid detergent fiber, calcium, phosphorus, salt, and sodium. Other required and voluntary guarantees must follow so that the units of measure used to express guarantees are listed in a sequence that provides a consistent grouping of the units of measure.

B. The required guarantees of grain mixtures, with or without molasses, and other feeds must include the following items, unless exempted in subitem (3), in the order listed:

C. The packaging on a commercial feed intended to provide a specialized nutritional source for use in the manufacture of other feeds must state its intended purpose and guarantee those nutrients relevant to the stated purpose.

D. Exemptions:

Subp. 6. Feed ingredients; collective terms.

Feed ingredients must be listed in accordance with items A and B.

A. The name of each ingredient must be given, as defined in the Official Publication of the Association of American Feed Control Officials. If there is no official ingredient name, the common or usual name of the ingredient must be used.

B. Collective terms may be used for the grouping of feed ingredients as defined in the Official Definitions of Feed Ingredients published in the Official Publication of the Association of American Feed Control Officials in lieu of the individual ingredients, provided that:

Subp. 7. Name; principal mailing address.

The name and principal mailing address of the manufacturer or person responsible for distributing the product must include the street address, city, state, and zip code. The street address may be omitted if it is shown in the current city directory or telephone directory for the city listed on the label.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

A. Calcium, salt, and sodium guarantees given in the guaranteed analysis must be stated and conform to the following:

B. Any guarantees for minimum and maximum total sodium and salt, minimum potassium, minimum magnesium, minimum sulfur, minimum phosphorus, and maximum fluorine must be in terms of percentage by weight, as is. Other minimum mineral guarantees must be stated in parts per million (ppm), as is, when the concentration is less than 10,000 ppm and in percentage by weight, as is, when the concentration is 10,000 ppm (one percent) or greater.

C. Products labeled with a quantity statement, such as tablets, capsules, granules, or liquids, may state mineral guarantees in milligrams (mg) per unit, consistent with the quantity statement and directions for use.

Subp. 3. Minimum vitamin content.

Guarantees for minimum vitamin content of commercial feeds must be stated in mg/lb or in units consistent with those employed for the quantity statement and must be listed in the following order:

A. vitamin A, other than precursors of vitamin A, in international units per pound;

B. vitamin D-3 in products offered for poultry feeding, in international chick units per pound;

C. vitamin D for other uses, international units per pound;

D. vitamin E, in international units per pound;

E. concentrated oils and feed additive premixes containing vitamins A, D, and E may, at the option of the distributor, be stated in units per gram instead of units per pound;

F. vitamin B-12, in milligrams or micrograms per pound; and

G. all other vitamin guarantees in milligrams per pound in terms of the following: menadione, riboflavin, d-pantothenic acid, thiamine, niacin, vitamin B-6, folic acid, choline, biotin, inositol, p-amino benzoic acid, ascorbic acid, and carotene.

Subp. 4. Drug guarantees.

Guarantees for drugs must be stated in terms of percent by weight, except as specified in items A to D.

A. Antibiotics present at less than 2,000 grams per ton (total) of commercial feed must be stated in grams per ton of commercial feed.

B. Antibiotics present at 2,000 or more grams per ton (total) of commercial feed must be stated in grams per pound of commercial feed.

C. Labels for commercial feeds containing growth promotion or feed efficiency levels of antibiotics which are to be fed continuously as the sole ration are not required to make quantitative guarantees except as specifically noted in Code of Federal Regulations, title 21, chapter 558, federal Food Additive Regulations for certain antibiotics, where quantitative guarantees are required regardless of the level or purpose of the antibiotic.

D. The term "milligrams per pound" may be used for drugs or antibiotics if a dosage is given in "milligrams" in the feeding directions.

Subp. 5. Added nonprotein nitrogen.

Commercial feeds containing added nonprotein nitrogen must be labeled according to items A and B.

A. For ruminants,

B. For nonruminants,

Subp. 6. Mineral phosphatic materials.

Mineral phosphatic materials for feeding purposes must be labeled with the guarantee for minimum and maximum percentage of calcium, when present, the minimum percentage of phosphorus, and the maximum percentage of fluorine.

Subp. 7. Microorganisms.

Guarantees for microorganisms must be stated in colony forming units per gram (CFU/g) when directions are for using the product in grams, or in colony-forming units per pound (CFU/lb) when directions are for using the product in pounds. A parenthetical statement following the guarantee must list each species in order of predominance.

Subp. 8. Enzymes.

Guarantees for enzymes must be stated in units of enzymatic activity per unit weight or volume, consistent with label directions. The source organism for each type of enzymatic activity must be specified, such as: Protease (Bacillus subtilis) 5.5 mg amino acids liberated/min./milligram. Two or more sources that have the same type of activity must be listed in order of predominance based on the amount of enzymatic activity provided.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall be the official or tentative ingredient name as defined in the Official Definitions of Feed Ingredients as published in the Official Publication of the Association of American Feed Control Officials, or, if an official or tentative ingredient name is not published, the common or usual name for the ingredient may be used if the ingredient has a common accepted name that requires no definition, such as sugar.

Subp. 2. Format.

The name of each ingredient must be shown in letters or type of the same size, font, and color. No reference to quality or grade of an ingredient shall appear in the ingredient statement of a commercial feed. The term "dehydrated" may precede the name of any product that has been artificially dried.

Subp. 3. Single ingredient product.

A single ingredient product defined by the Association of American Feed Control Officials is not required to have an ingredient statement.

Subp. 4. Iodized.

If the word "iodized" is used in connection with a feed ingredient, the feed ingredient must contain not less than 0.007 percent iodine, uniformly distributed.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.2140 [Repealed, 29 SR 655]

[Repealed, 29 SR 655]

Minn. R. 1510.2150 [Repealed, 29 SR 655]

[Repealed, 29 SR 655]

Minn. R. 1510.2160 [Repealed, 29 SR 655]

[Repealed, 29 SR 655]

Minn. R. 1510.2170 Directions for Use and Precautionary Statements

Directions for use and precautionary statements on the labeling of all commercial feeds and customer-formula feeds containing additives (including drugs, special purpose additives, or nonnutritive additives) shall:

A. be adequate to enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of such articles; and

B. include, but not be limited to, all information prescribed by all applicable regulations under the federal Food, Drug and Cosmetic Act. Adequate directions for use and precautionary statements are required for feeds containing nonprotein nitrogen as specified in part 1510.2180. Adequate directions for use and precautionary statements necessary for safe and effective use are required on commercial feeds distributed to supply particular dietary needs or for supplementing or fortifying the usual diet or ration with any vitamin, mineral, or other dietary nutrient or compound.

History

Statutory Authority: MS s 25.40

Minn. R. 1510.2180 Nonprotein Nitrogen

Subpart 1. Equivalent crude protein; caution.

Urea and other nonprotein nitrogen products defined in the Official Publication of the Association of American Feed Control Officials are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein. If the commercial feed contains more than 8.75 percent of equivalent crude protein from all forms of nonprotein nitrogen, added as such, or the equivalent crude protein from all forms of nonprotein nitrogen, added as such, exceeds one-third of the total crude protein, the label must bear adequate directions for the safe use of feeds and a precautionary statement: "CAUTION: USE AS DIRECTED." The directions for use and the precautionary statement must be in type of such size so placed on the label that they will be read and understood by ordinary persons under customary conditions of purchase and use.

Subp. 2. Nutrients other than equivalent crude protein.

Nonprotein nitrogen ingredients defined in the Official Publication of the Association of American Feed Control Officials are acceptable ingredients in commercial feeds distributed to nonruminant animals as a source of nutrients other than equivalent crude protein. The maximum equivalent crude protein from nonprotein nitrogen sources used in nonruminant rations must not exceed 1.25 percent of the total daily ration.

Subp. 3. Exception.

On labels such as those for medicated feeds which bear adequate feeding directions and/or precautionary statements, the presence of added nonprotein nitrogen shall not require a duplication of the feeding directions or the precautionary statements as long as those statements include sufficient information to ensure the safe and effective use of this product due to the presence of nonprotein nitrogen.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.2190 Drug and Feed Additives

Feed ingredients, including drugs, other special purpose additives, and nonnutritive additives may be used in the formulation of a commercial feed if the ingredient's safety, efficacy, and utility are established under one of the following conditions:

A. when the commercial feed contains such additives, the use of which conforms to the requirements of the applicable regulation in the Code of Federal Regulations, title 21, or which are "prior sanctioned", "informal review sanctioned," or "generally recognized as safe" for such use;

B. when the commercial feed is itself a drug as defined in Minnesota Statutes, section 25.33, subdivision 8, and is generally recognized as safe and effective for the labeled use or is marketed subject to an application approved by the Food and Drug Administration under United States Code, title 21, section 360(b);

C. when one of the purposes for feeding a commercial feed is to impart immunity, the constituents imparting immunity have been approved for the purpose through the Federal Virus, Serum, and Toxins Act of 1913, as amended;

D. when the commercial feed is a direct-fed microbial and:

E. when the commercial feed is an enzyme product and:

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.2200 Adulterants

Subpart 1. Definition.

For the purpose of Minnesota Statutes, section 25.37, paragraph (a), the term "poisonous or deleterious substances" includes, but is not limited to, the following:

A. fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which the fluorine exceeds 0.20 percent for breeding and dairy cattle; 0.30 percent for slaughter cattle; 0.30 percent for sheep; 0.35 percent for lambs; 0.45 percent for swine; and 0.60 percent for poultry;

B. fluorine-bearing ingredients when used in such amounts that they raise the fluorine content of the total ration, exclusive of roughage, above the following amounts: 0.004 percent for breeding and dairy cattle; 0.009 percent for slaughter cattle; 0.006 percent for sheep; 0.01 percent for lambs; 0.015 percent for swine; and 0.035 percent for poultry;

C. fluorine-bearing ingredients incorporated in any feed that is fed directly to cattle, sheep, or goats consuming roughage, with or without limited amounts or grain, that results in a daily fluorine intake in excess of 50 milligrams of fluorine per 100 pounds of body weight;

D. soybean meal, flakes, or pellets or other vegetable meals, flakes, or pellets which have been extracted with trichlorethylene or other chlorinated solvents;

E. sulfur dioxide, sulfurous acid, and salts of sulfurous acid when used in or on feeds or feed ingredients which are considered or reported to be a significant source of vitamin B1 (Thiamine); and

F. artificial color not listed and not used within the conditions, limitations, and tolerances prescribed for each coloring substance in Code of Federal Regulations, title 21, part 73A, for food coloring exempt from certification, or in Code of Federal Regulations, title 21, part 74A, for food coloring subject to certification. No artificial color material shall be used to enhance the natural color of the feed or feed ingredient whereby inferiority would be concealed.

Subp. 2. Weed seeds.

All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the consumer, must be ground fine enough or otherwise treated to destroy the viability of the weed seeds so that the level of such viable weed seeds in the finished product does not exceed the levels specified in Minnesota Statutes, sections 21.71 to 21.78.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.2210 [Repealed, 29 SR 655]

[Repealed, 29 SR 655]

Minn. R. 1510.2220 [Repealed, L 2012 c 124 s 5]

[Repealed, L 2012 c 124 s 5]

Minn. R. 1510.2230 [Repealed, L 2012 c 124 s 5]

[Repealed, L 2012 c 124 s 5]

Minn. R. 1510.2300 Authority

Parts 1510.2300 to 1510.2355 provide standards for the inspection, certification, production, and marketing of certified seed potatoes in the state of Minnesota. The authority to adopt these rules is contained in Minnesota Statutes, section 21.118.

History

Statutory Authority: MS s 21.113

Minn. R. 1510.2305 Definitions

Subpart 1. General.

As used in parts 1510.2300 to 1510.2355, the following definitions apply unless the context clearly indicates otherwise.

Subp. 2. Certified.

"Certified" has the meaning given it in Minnesota Statutes, section 21.111, subdivision 3.

Subp. 3. Certified seed potatoes.

"Certified seed potatoes" means potatoes which have been produced, graded, sacked or placed in bulk, and inspected and certified in accordance with parts 1510.2300 to 1510.2355.

Subp. 3a. Class.

"Class" means the seed quality level as it relates to compliance with the specified tolerances for diseases and varietal purity.

Subp. 3b. Clone.

"Clone" means a unit of seed potatoes, being the progeny of one plant, which has been tested to become eligible to produce Primary Foundation 1 seed potatoes.

Subp. 4. Commissioner.

"Commissioner" means the commissioner of agriculture or the commissioner's authorized representative.

Subp. 5. Crop.

"Crop" means all lots produced on a farm in one year.

Subp. 6. Department.

"Department" means the Department of Agriculture.

Subp. 6a. Explant.

"Explant" means an in vitro potato plant or plantlet produced by rooting an excised tip of a tuber sprout or an axillary bud from a growing plant which serves as a parent for a whole clone or accession of micropropagated plants or plantlets.

Subp. 7. Farm.

"Farm" means a seed potato enterprise. It includes all land, equipment, storage facilities, and laborers used to produce certified seed potatoes.

Subp. 8. Field.

"Field" means a plot of land on a farm on which potatoes are grown for certification. The potatoes shall be of one variety from one certified seed potato growing operation and shall be grown in physical separation from other fields.

Subp. 9. Inspected.

"Inspected" has the meaning given it in Minnesota Statutes, section 21.111, subdivision 2.

Subp. 10. Lot.

"Lot" means a group of seed potatoes entered for certification that have passed the field inspection requirements. For the purposes of parts 1510.2300 to 1510.2355, a lot of potatoes also means that the group is of one variety, from one or more fields, grown on the same farm, and stored in physical separation from other lots.

Subp. 10a. Material in maintenance.

"Material in maintenance" means propagative material, plantlets, or tubers that are maintained, not multiplied under controlled laboratory conditions.

Subp. 10b. Physical separation.

"Physical separation" means separated by at least the width of one row, or markings such as flags that are at every corner of the lot or at least 100 yards apart, whichever is less. The markings must be visible to the inspector from anywhere on the separation.

Subp. 11. Rejected.

"Rejected" means that a field or lot fails to meet the standards provided for in parts 1510.2300 to 1510.2355.

Subp. 12. Seed potato certification inspector.

"Seed potato certification inspector" means an employee of the department authorized by the commissioner to inspect seed potato plants and tubers entered for certification.

Subp. 13. Seed potatoes.

"Seed potatoes" has the meaning given it in Minnesota Statutes, section 21.111, subdivision 5.

Subp. 14. Tolerance.

"Tolerance" means a specified allowance for variation from the standards provided for diseases and physical defects, as provided in parts 1510.2300 to 1510.2355.

Subp. 15. Tuber unit.

"Tuber unit" means the separate pieces of one tuber that are planted consecutively in two or more hills in a row.

History

Statutory Authority: MS s 21.113; 21.118
History: 21 SR 482; 24 SR 546

Minn. R. 1510.2310 General Guidance

Subpart 1. Scope.

The provisions of this part govern the production of potatoes for use as certified seed potatoes.

Subp. 2. Seed potato certification.

In order to produce certified seed potatoes, a grower must comply with the following procedures:

A. Potatoes entered for certification shall be inspected while growing in the field and again after harvest at the time of shipment. Certification shall be based upon visual inspection by the commissioner of sample plants and tubers from each field and lot, or for varieties that do not express visible symptoms of a specific pathogen, seed potatoes must be subjected to laboratory tests to determine the level of the pathogen in a seed lot. This testing may occur during the growing season, storage season, or winter testing. Certificates shall be issued to show the varietal purity, freedom from disease, and physical defects of the potatoes at the time of inspection.

B. Participation in the certified seed potato program shall be voluntary. The applicant may withdraw at any time. Farming and sanitation practices are the responsibility of the applicant. Certification and inspection under parts 1510.2300 to 1510.2355 shall be conducted by the commissioner. Failure of the applicant to comply with the requirements of parts 1510.2300 to 1510.2355 shall be cause for rejection of any field or lot. Potatoes from rejected fields or lots cannot be sold as certified seed potatoes.

Subp. 3. Winter testing.

In order to detect certain virus diseases, samples from all classes as defined in parts 1510.2325 and 1510.2330 shall be winter tested. In the event of serious malfunctions of the winter test, classification of lots in the certified classes must be based on the previous summer field readings.

Subp. 4. Certified seed potato classes.

Seed potato certification classes are differentiated by their compliance level with disease tolerances and varietal purity. The origin of the seed also determines the class. The classes, according to their origin, in the generation system in descending order are: Prenuclear (PN), Generation 1 (G1), Generation 2 (G2), Generation 3 (G3), Generation 4 (G4), Generation 5 (G5), and Generation 6 (G6). Equivalent to this in the clonal system in descending order are: Primary Foundation 1 (PF1), Primary Foundation 2 (PF2), Foundation 1 (F1), Foundation 2 (F2), and Certified (C).

Subp. 5. Certified seed potato grades.

Grades of certified seed potatoes are established according to the physical defects of the tubers. There are three grades used for shipping Minnesota certified seed potatoes.

A. The blue tag certified seed potato grade, the first grade, has tolerances for physical defects of the tubers stricter than the other grades. This grade may be used by growers of Primary Foundation certified, Foundation certified, Generation certified, and Certified seed potatoes. The blue tag grade may be used for intrastate and interstate shipments of certified seed potatoes.

B. The yellow tag certified seed potato grade is the second grade. This grade allows more physical defects of the tubers than the blue tag certified seed potato grade. It may be used by growers of Primary Foundation certified, Foundation certified, Generation certified, and Certified seed potatoes. The yellow tag grade may also be used for intrastate and interstate shipments of certified seed potatoes.

C. The white tag certified seed potato grade is the third grade. The tolerances for physical defects of the tubers are determined by agreement between purchaser and seller of the certified seed potatoes. It may only be used for intrastate and interstate shipments of certified seed potatoes.

Subp. 6. Zero tolerance for bacterial ring rot and potato spindle tuber viroid.

Certification rules make provisions to allow the presence of certain diseases at levels sufficiently low as to preclude significant effects on certified seed potato value. For bacterial ring rot and potato spindle tuber viroid, there is a zero tolerance, and the discovery of a single plant in the field or a tuber in storage infected with one of these diseases shall cause the rejection of the field or lot. The absence of a finding shall not be construed to mean that the field or lot inspected is free from the disease.

Subp. 7. Warranty.

A certification does not represent a warranty of any kind, express or implied, including merchantability, as to the quality of the crop produced from the certified seed potatoes. A certification represents only that the seed potatoes were produced, graded, sacked or placed in bulk, and inspected in accordance with parts 1510.2300 to 1510.2355.

History

Statutory Authority: MS s 14.05; 18.79; 21.113; 21.118
History: 8 SR 1659; 21 SR 482; 22 SR 1547; 25 SR 1142; 35 SR 1325

Minn. R. 1510.2315 Application for Inspection

Subpart 1. Eligibility; procedure.

All potatoes planted on a farm must be entered for certification. Application for inspection must be made before June 16 each year on forms furnished by the commissioner. Applications postmarked after June 15 but before July 1 must be charged a 50 cents per acre late registration fee. No applications may be accepted that are postmarked later than June 30. The commissioner may extend the deadline due to special circumstances, such as natural disasters, which make it impractical or impossible for planting to be completed by the deadline and which affect an area or large number of growers.

Subp. 2. Shipping point inspection certificates, bulk seed certificates, or certificates of origin.

An application for the inspection of a field planted with purchased certified seed potatoes must include copies of either the shipping point inspection certificates, bulk seed certificates, or certificates of origin for the total amount of purchased certified seed potatoes planted. Use of certificates of origin requires approval of both the seller and the purchaser and is restricted to intrastate shipments between certified seed potato producers. The certificate of origin must contain information considered necessary by the commissioner and must at a minimum identify seed potatoes as to the producer, variety, classification, and lot. The limitation of warranty in part 1510.2310, subpart 7, must be further limited to exclude any representation as to condition of the potatoes at the time of shipment.

Subp. 3. Separate application.

A separate application must be completed for each field planted.

Subp. 4. Sufficient acreage.

No application for inspection may be accepted from a grower in a community or county in which there is not sufficient acreage for the total inspection fee charges to cover the cost of wages and expenses of the inspectors providing the inspection service. Determination of sufficient acreage must be made by the commissioner.

History

Statutory Authority: MS s 21.113; 21.118
History: 11 SR 2164

Minn. R. 1510.2320 Seed Potatoes Eligible for Minnesota Certification Planting

Subpart 1. Authorization.

A field may not be inspected for certification unless both the seed potato variety and the particular lot planted have the authorization of the commissioner. In considering seed potato varieties for authorization for certification planting, the commissioner shall consider scientific evidence and expert opinion. To be eligible for certification planting, seed potatoes must meet the requirements of subpart 2 or 3.

Subp. 2. Minnesota grown seed potatoes.

The following classes of seed potatoes grown in Minnesota are eligible for planting: Prenuclear, Generation 1, Generation 2, Generation 3, Generation 4, Generation 5, Primary Foundation 1, Primary Foundation 2, Foundation 1, Foundation 2, and experimental status seed potatoes. The commissioner shall authorize the planting of Certified class or Generation 6 class seed potatoes if there is no source of higher classes than Certified class or Generation 6 class seed potatoes available to the grower, the lot has been winter tested, and the seed does not pose a serious disease threat.

Subp. 3. Non-Minnesota grown seed potatoes.

Seed potatoes grown outside of the state approved for certification planting by the certifying agency in another state or a Canadian province may be planted if requirements for certification meet Minnesota requirements for certified seed potatoes of classes higher than Certified class or Generation 6 class, as indicated on an import affidavit.

Subp. 4. Experimental status.

Seedlings or numbered selections may be accepted for entrance into the certification system in an experimental status. The applicant shall submit a written statement with the certification application from the breeder, originator, or originator's designee that the applicant has full and unrestricted rights to introduce the seedling or numbered selection into the commercial market, and that the seedling or numbered selection must be named within five years from acceptance of the application. If the seedling or numbered selection is not named within five years from acceptance of the application, a two-year waiting period must pass before the seedling or numbered selection may be reentered into the certification program. Seedlings or numbered selections in experimental status must be designated as a class and conform to the requirements of that class. The word "EXPERIMENTAL" must be added on the tag. Lots from a breeder's seed that have not gone through the testing and, when necessary, virus-freeing, are considered either Foundation class 1 or 2, "EXPERIMENTAL."

Subp. 5. Protected varieties.

Before a seed potato variety protected under the Plant Variety Protection Act Amendments of 1994 may be entered into the certification system, the applicant must submit a written statement with the certification application from the breeder, originator, or originator's designee that the applicant has full and unrestricted rights to introduce the protected variety into the commercial market.

History

Statutory Authority: MS s 14.05; 18.79; 21.113; 21.118
History: 8 SR 1659; 21 SR 482; 24 SR 546; 25 SR 1142; 35 SR 1325

Minn. R. 1510.2325 Requirements for Certified Seed Potato Production

Subpart 1. Requirements.

The standards in this part and part 1510.2330 must be met before potatoes may be classified as certified seed potatoes.

Subp. 2. Field inspection and laboratory testing.

Certification must be based upon information regarding the following: stand, general vigor, varietal purity, disease tolerances, and factors affecting field inspection. At least two field inspections must be made of each field during the growing season. A final inspection must be made for bacterial ring rot, when symptom expression is optimal. If a final inspection cannot be carried out, because of management practices of the grower, or for reasons out of the grower's control, a laboratory test is necessary to maintain eligibility for certification. Additional inspections and laboratory tests may be made if necessary to meet phytosanitary requirements in established markets such as other states and Canadian provinces.

A. Stand. A field shall be rejected if there are a large number of plants missing due to disease.

B. General vigor. A field shall be rejected if it contains a large number of weak plants.

C. Ring rot. If bacterial ring rot is found in any field or lot, the remaining crop is not eligible for certification planting.

D. Varietal purity. A field must be rejected if it contains more than the tolerances acceptable for a specific class as listed in Tables 1 and 2 in part 1510.2330, subparts 11 and 12.

E. Disease tolerances (percentage of infected plants). A field must be rejected if it contains percentages of diseased plants in excess of those acceptable for a specific class as listed in Tables 1 and 2 in part 1510.2330, subparts 11 and 12.

F. Factors affecting field inspection. A field shall be rejected if any of the following are present to such an extent that satisfactory inspection for diseases cannot be made: early or late blight; blackleg or wilt of any kind; weeds; insect injury; chemical damage. A field shall be rejected if any other conditions are present to such an extent that satisfactory inspection for diseases cannot be made. A field is ineligible for certification if there are cull piles in such close vicinity to the field that contamination of the field can be expected.

Subp. 3. Roguing.

If any of the diseases listed in part 1510.2330 are present in a field in amounts less than the maximum disease tolerance level, the field must be rogued and the infected plants removed before the final inspection. If roguing is done after tubers form, the tubers from the rogued plants shall also be removed and destroyed.

Subp. 4. Storage.

Lots shall not be stored in any warehouse where other potatoes are stored, nor shall they be stored under conditions of possible disease contamination. If more than one grower stores lots in the same warehouse, each grower's lots shall be properly identified by labeling the bin with the grower's name and address, variety, and amount in the bin. If the lots are to be stored in a public warehouse or storage unit not directly under the control of the grower, a complete record giving location of the storage unit, number of the bin, variety, and the quantity stored shall be sent to the commissioner when the lots are put into storage. If it is available, a copy of the warehouse receipt shall also be sent to the commissioner.

Equipment used for grading and handling lots shall not be used for any other potatoes. If any equipment is used on other potatoes, the lots shall be rejected.

Any firm handling lots on contract shall label all bins containing lots with the name of the grower whose lots are being stored. Responsibility for proper labeling and subsequent handling rests with the firm. No certification tags or bulk certificates shall be issued until this is done.

Each grower shall submit a completed storage and yield report on each lot on forms furnished by the commissioner. Certification tags shall not be issued to growers who have not submitted the report.

Subp. 5. Tags and bulk certificates.

Official blue, yellow, or white tags, bearing the grower's name and address, the potato variety, and the crop year shall be issued when the potatoes meet the certification requirements described in parts 1510.2310 to 1510.2330. Tags shall be fastened onto sacks so as to constitute a seal at the time the lots are prepared for shipment. Bulk certificates must also show the date of issuance, the class, the grade, and the approximate weight of the load.

Tags shall be issued only to growers, except when lots are stored in a public warehouse or in a storage unit not under direct control of the grower. They shall be issued to the owner or manager of the storage unit upon receipt of written authorization from the grower.

Responsibility for ordering tags shall rest entirely with each grower.

Subp. 6. Grading.

All lots shall be inspected at the loading point whenever possible. If inspection at the loading point is impossible, request for grading inspection in transit shall be made. Every bagged lot or shipment offered for sale and bearing official certification tags shall be in new even-weight sacks. Bulk shipments shall be identified with a bulk certificate. Both bagged and bulk lots or shipments must meet grade standards specified in part 1510.2355. Lots or shipments that fail to meet grade standards when inspected shall be reconditioned, or:

A. if the lot or shipment is in sacks, the tags shall be removed under the supervision of a state or federal/state inspector before the lot or shipment is allowed to proceed to its destination; and

B. if the shipment is in bulk, no bulk certificate shall be issued. All costs of reconditioning to meet grade shall be borne by the shipper.

History

Statutory Authority: MS s 21.113; 21.118
History: 11 SR 335; 17 SR 438; 21 SR 482; 24 SR 546

Minn. R. 1510.2330 Requirements for Production of Different Classes of Certified Seed Potatoes

Subpart 1. Prenuclear class certified seed potatoes (PN).

A. A lot grown as and intended to be Prenuclear must be grown from plants tested and shown to be free from the following pathogens:

B. Prenuclear class seed potatoes must be produced in a greenhouse or screenhouse under sanitary conditions, free from insects and weeds that can harbor or transmit potato diseases or other conditions of possible disease contamination. All facilities must be sufficiently insulated from insects by screens and double doors. The facilities and the equipment are subject to inspection to verify freedom from possible disease contamination.

C. One percent of each lot or ten plants or tubers from each lot, whichever is greater, must be tested during the growing season to verify that the crop is free from potato virus X, potato virus Y, potato leaf roll virus, C. michiganensis, and P. atrosepticum.

D. Prenuclear tubers may originate from greenhouse tubers for one year only if the greenhouse tubers have remained at the same growing operation and have remained isolated from field-grown tubers.

E. A lot must be rejected if it contains any diseased plants at any inspection, or varietal mixture at final inspection.

F. The allowable tolerances for disease and varietal mixture for seed potatoes classified as prenuclear are in Table 1 in subpart 11 under column PN.

Subp. 2. Generation 1 class certified seed potatoes (G1).

Generation 1 class seed potatoes must meet the following requirements:

A. The seed source must be either Prenuclear tubers or plantlets.

B. Tubers or plantlets must be planted in identifiable family units.

C. Each field must be tested during the growing season for potato virus X. For a lot to be tagged "virus tested (VT)," no more than one percent of the plants tested may be infected with potato virus X.

D. Each lot must be stored in an individual identifiable unit.

E. The allowable tolerances for disease and varietal mixture for seed potatoes classified as Generation 1 are in Table 1 in subpart 11 under column G1.

Subp. 3. Generation 2 class certified seed potatoes (G2).

Generation 2 class seed potatoes must originate from Generation 1 class seed potatoes. Each field may be tested during the growing season for potato virus X at grower's request. For a lot to be tagged "virus tested (VT)," no more than three percent of the plants tested may be infected with potato virus X. The allowable tolerances for disease and varietal mixture are in Table 1 in subpart 11 under column G2.

Subp. 4. Generation 3 class certified seed potatoes (G3).

Generation 3 class seed potatoes must originate from Generation 2 class seed potatoes. The allowable tolerances for disease and varietal mixture are in Table 1 in subpart 11 under column G3.

Subp. 5. Generation 4 class certified seed potatoes (G4).

Generation 4 class seed potatoes must originate from Generation 3 class seed potatoes. The allowable tolerances for disease and varietal mixture are in Table 1 in subpart 11 under column G4.

Subp. 6. Generation 5 class certified seed potatoes (G5).

Generation 5 class seed potatoes must originate from Generation 4 class seed potatoes. The allowable tolerances for disease and varietal mixture are in Table 1 in subpart 11 under column G5.

Subp. 7. Generation 6 class certified seed potatoes (G6).

Generation 6 class seed potatoes must originate from Generation 5 class seed potatoes. The allowable tolerances for disease and varietal mixture are in Table 1 in subpart 11 under column G6.

Subp. 8. Primary Foundation classes (PF).

A. A lot grown as and intended to be Primary Foundation certified seed potatoes must originate from clonal selection, with all clones laboratory tested and be proven free from the following pathogens:

B. A lot must be kept under direct control of the grower and must not be stored in any warehouse in which other potatoes are stored.

C. The two classes of Primary Foundation seed potatoes are PF1 and PF2.

Subp. 9. Foundation classes (F).

The two classes of Foundation class seed potatoes are F1 and F2.

A. F1 class certified seed potatoes must originate from Primary Foundation class seed potatoes. The allowable tolerances for disease and varietal mixture are in Table 2 in subpart 12 under column F1.

B. F2 class certified seed potatoes must originate from F1 class seed potatoes. The allowable tolerances for disease and varietal mixture are in Table 2 in subpart 12 under column F2.

Subp. 10. Certified class certified seed potatoes.

Certified class seed potatoes must originate from Foundation or Generation classes of seed potatoes. The allowable tolerances for disease and varietal mixture are in subpart 11, Table 2, under column C.

Subp. 11. Table 1.

Numbers represent percentages

VT means Virus Tested

Mycoplasms: Haywire, Witches Broom, Yellow Dwarf

Severe Mosaic: PVY, PVA, PVM

BRR means Bacterial Ring Rot

PSTV means Potato Spindle Tuber Viroid

Ch. Dam. means Expressing symptoms of chemical damage

For the classes G2 and lower, the summer test for PVX is done on request of the grower only. The lot may be labeled "Virus Tested," if the tolerance of one percent for G1 and three percent for the lower classes is met.

Subp. 12. Table 2.

Numbers represent percentages

VT means Virus Tested

Mycoplasms: Haywire, Witches Broom, Yellow Dwarf

Severe Mosaic: PVY, PVA, PVM

BRR means Bacterial Ring Rot

PSTV means Potato Spindle Tuber Viroid

Ch. Dam. means Expressing symptoms of chemical damage.

History

Statutory Authority: MS s 14.05; 18.79; 21.113; 21.118
History: 21 SR 482; 24 SR 546; 25 SR 1142; 35 SR 1325

Minn. R. 1510.2335 Fees

Fees shall be set by the commissioner in amounts necessary to carry out the seed potato certification service. Fees shall be reviewed annually and notice of the current fee schedule sent to growers from time to time.

History

Statutory Authority: MS s 21.113

Minn. R. 1510.2340 Field Inspection Fees

Field inspection fees shall be paid at time of application for entry into the certification program.

History

Statutory Authority: MS s 21.113

Minn. R. 1510.2345 Winter-Testing Fees

Winter-testing fees shall be paid before results are sent to the grower.

History

Statutory Authority: MS s 21.113

Minn. R. 1510.2350 Fees for Other Disease Testing

Fees for other disease testing shall be paid before results are listed in the Minnesota Seed Potato Certification Directory.

History

Statutory Authority: MS s 21.113

Minn. R. 1510.2355 Minnesota Certified Seed Potato Grades and Tolerances

Subpart 1. Minnesota certified seed potato grades.

Before potatoes are eligible for grading as certified seed potatoes, the requirements of parts 1510.2315 to 1510.2330 must be met.

Subp. 2. Minnesota blue tag certified seed potato grade.

To be graded as Minnesota blue tag certified seed potatoes, the potatoes must meet the requirements in items A to C.

A. Condition. The potatoes must be, at the time of final inspection, of one variety, unwashed, fairly well-shaped, free from bacterial ring rot, late blight, freezing, black heart, and soft rot or wet breakdown, and free from damage caused by soil or other foreign matter, second growth, air cracks, cuts, shriveling, sprouts, pitted scab, surface scab, powdery scab, russet scab, dry rot, other diseases, insects or worms, mechanical or other means, flattened or depressed areas with underlying flesh discoloration, and from serious damage caused by hollow heart, wire worm, growth cracks, or internal discoloration other than hollow heart. Sunburn and silver scurf are not factors. This item does not apply to hollow heart if labeled "hollow heart exempt," on the tag or certificate.

B. Size. For round or intermediate shaped varieties, the maximum size is 12 ounces (340.2 grams) and, unless otherwise specified, the minimum size shall be not less than 1-1/2 inches (38.1 millimeters) in diameter. For long varieties, the maximum size is 14 ounces (396.9 grams) and, unless otherwise specified, the minimum size shall be not less than 1-1/2 inches (38.1 millimeters) in diameter. For all varieties, size "B," the minimum diameter shall be not less than 1-1/2 inches (38.1 millimeters) and the maximum size shall be not more than 2-1/4 inches (57.1 millimeters) in diameter. The department may grade potatoes that do not meet the maximum and minimum size specifications as Minnesota blue tag certified seed potatoes if the buyer agrees to accept potatoes of alternate size specifications from the grower and these specifications are listed on the tag or bulk certificate issued by the department.

C. Lot tolerances. In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, are provided:

Subp. 3.

[Repealed, 22 SR 1547]

Subp. 3a. Minnesota yellow tag certified seed potato grade.

To be graded as Minnesota yellow tag certified seed potatoes, the potatoes must meet the requirements in items A to D.

A. Condition. At the time of final inspection, the potatoes must be of one variety, unwashed, fairly well-shaped, free from bacterial ring rot, late blight, freezing, black heart, and soft rot or wet breakdown, and free from damage caused by second growth, air cracks, cuts, shriveling, pitted scab, surface scab, powdery scab, dry rot, other diseases, insects or worms, mechanical means or other means, and from serious damage caused by soil or other foreign matter, hollow heart, wireworm, growth cracks, russet scab, or internal discoloration other than hollow heart. Sunburn and silver scurf are not factors. This item does not apply to hollow heart if labeled "hollow heart exempt," on the tag or certificate.

B. Size. For all varieties, the maximum size is 14 ounces (396.9 grams) and the minimum size is 1-1/2 inch (38.1 mm) in diameter. For all varieties, the minimum diameter for size "B" shall not be less than 1-1/2 inches (38.1 millimeters) and the maximum diameter shall not be more than 2-1/4 inches (57.1 millimeters). The department may grade potatoes that do not meet the maximum and minimum size specifications as Minnesota yellow tag certified seed potatoes if the buyer agrees to accept potatoes of alternate size specifications from the grower and these specifications are listed on the tag or bulk inspection certificate issued by the department.

C. Lot tolerances. In order to allow for variations incident to proper grading and handling, the following tolerances, by weight, are provided:

D. Shape. The potatoes must be fairly well shaped, with an exception for long varieties when specified as "except for shape." In that case the tubers may be misshapen.

Subp. 4. Minnesota white tag certified seed potato grade.

Minnesota white tag certified seed potato grade consists of certified seed potatoes that are graded according to agreement between the seller and the purchaser as to size and defects, except that not more than one-half percent of soft rot, frozen, or wet breakdown and two percent dry rot, of which not more than one percent late blight tuber rot is allowed.

Subp. 5. Application of tolerance.

The contents of individual containers, other than bulk conveyances, in the lot are subject to the following limitations provided that the averages for the entire lot are within the tolerances specified for the grade. An individual container in any lot may contain not more than double the tolerance specified except for sprouts and except that at least one defective specimen, other than bacterial ring rot, and one offsize specimen may be permitted in any container.

Subp. 6. Condition after transit.

Deterioration developing in transit shall be considered as affecting condition and not grade.

Subp. 7. Definitions.

For the purpose of this part, the terms in items A to J have the meanings given them unless the context clearly indicates otherwise.

A. "Mature" means that the outer skin (epidermis) does not loosen or "feather" readily during the ordinary methods of handling.

B. "Well-shaped" means the normal shape for the variety.

C. "Fairly well-shaped" means that the individual potato is not materially pointed, dumbbell-shaped, or otherwise ill-formed.

D. "Fairly clean" means that the individual potato is reasonably free from dirt, staining, or other foreign matter.

E. "Slightly dirty" means that the appearance of the individual potato is not materially affected by dirt, staining, or other foreign matter.

F. "Diameter" means the greatest dimension at right angles to the longitudinal axis. The long axis shall be used without regard to the position of the stem (stolon).

G. "Soft rot or wet breakdown" means any soft, mushy, or leaky condition of the tissues.

H. "Dry rot" means decaying tissue that is dry.

I. "Damage" means any defect or combination of defects which materially affects the appearance of the individual potato or which cannot be removed without a loss of more than five percent of the total weight of the potato including the peel covering the defective area. Any one of the following defects or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect, shall be considered as damage:

J. "Serious damage" means any defect or combination of defects which seriously affects the appearance of the individual potato or which cannot be removed without a loss of more than ten percent of the total weight of the potato including the peel covering the defective area. Any one of the following defects or any combination of defects, the seriousness of which exceeds the maximum allowed for any one defect shall be considered as serious damage:

History

Statutory Authority: MS s 14.05; 18.79; 21.113; 21.118
History: 8 SR 1659; 11 SR 1407; 12 SR 1809; 17 SR 1829; 21 SR 482; 22 SR 1547; 26 SR 1141; 30 SR 1271; 35 SR 1325

Minn. R. 1510.2500 Definitions and Terms

Subpart 1. Scope.

The definitions in this part and Minnesota Statutes, section 25.33, apply to parts 1510.2500 to 1510.2595.

Subp. 2. All life stages.

"All life stages" means gestation/lactations, growth, and adult maintenance life stages.

Subp. 3. Family.

"Family" means a group of products that are nutritionally adequate for any or all life stages based on nutritional similarity to a lead product, which has been successfully test-fed according to an AAFCO feeding protocol.

Subp. 4. Immediate container.

"Immediate container" means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food or specialty pet food is displayed for sale to retail purchasers, but does not include containers used as shipping containers.

Subp. 5. Ingredient statement.

"Ingredient statement" means a collective and contiguous listing on a label of the ingredients making up the pet food or specialty pet food.

Subp. 6. Principal display panel.

"Principal display panel" means the part of a label that is most likely to be displayed, presented, shown, or examined under normal and customary conditions of display for retail sale.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.2510 Label Format and Labeling

Subpart 1. Required information.

Pet food and specialty pet food must be labeled with the following information:

A. the product name and brand name, if any, on the principal display panel as specified in part 1510.2520;

B. a statement specifying the species name of the pet or specialty pet for which the food is intended, conspicuously designated on the principal display panel;

C. a quantity statement as defined in Minnesota Statutes, section 25.33, subdivision 24, on the principal display panel;

D. guaranteed analysis as specified in part 1510.2530;

E. an ingredient statement as specified in part 1510.2540, subpart 1;

F. a statement of nutritional adequacy or purpose if required under part 1510.2560;

G. feeding directions if required under part 1510.2570; and

H. the name and address of the manufacturer or distributor as specified in part 1510.2595.

Subp. 2. Outer containers.

If a pet food or specialty pet food enclosed in an outer container or wrapper is intended for retail sale, all required label information must appear on the outer container or wrapper.

Subp. 3. Graphics.

A vignette, graphic, or pictorial representation on a pet food or specialty pet food label must not misrepresent the contents of the package.

Subp. 4. Use of "proven."

The use of the term "proven" in connection with a label claim for a pet food or specialty pet food is not permitted unless the claim is substantiated by scientific or other empirical evidence.

Subp. 5. Comparison.

No statement may appear upon the label or labeling of a pet food or specialty pet food that makes false or misleading comparisons between that product and any other product.

Subp. 6. Endorsement.

A personal or commercial endorsement is permitted on a pet food or specialty pet food label if it is not false or misleading.

Subp. 7. "New" or "improved" claims.

A statement on a pet food or specialty pet food label stating "improved," "new," or a similar designation must be substantiated and limited to six months' production.

Subp. 8. Preference.

A statement on a pet food or specialty pet food label stating preference or comparative attribute claims must be substantiated and is limited to one year of production, after which the claim must be removed or resubstantiated.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.2520 Brand and Product Names

Subpart 1. Certain terms.

The terms "100 percent," "all," or similar terms must not be used in the brand or product name of a pet food or specialty pet food if the product contains more than one ingredient, not including water sufficient for processing, decharacterizing agents, or trace amounts of preservatives and condiments.

Subp. 2. Ingredients in name.

An ingredient or a combination of ingredients may form a part of the product name of a pet food or specialty pet food if:

A. the ingredients derived from animals, poultry, or fish constitute at least 95 percent of the total weight of the product. Water sufficient for processing may be excluded when calculating the percentage, however, the ingredients must constitute at least 70 percent of the total product weight;

B. any ingredient constitutes at least 25 percent of the weight of the product, provided that:

C. the combination of ingredients included in the product name complies with the following:

Subp. 3. With ingredient.

If the name of an ingredient appears in the product name of a pet food or specialty pet food or elsewhere on the product label and includes a descriptor such as "with" or similar designation, the named ingredients must each constitute at least three percent of the product weight exclusive of water for processing. If the names of more than one ingredient are shown, they appear in respective order of predominance by weight in the product. The three-percent minimum level does not apply to claims for condiments or nutrients, such as, but not limited to, vitamins, minerals, and fatty acids. The word "with," or similar designation, and named ingredients must be in the same size, style, color, and case print and be of no greater size than:

Subp. 4. Flavor.

A flavor designation may be included as part of the product name or elsewhere on the label of a pet food or specialty pet food if the flavor designation meets the following requirements:

A. the flavor designation:

B. the word "flavor" is printed in the same size type and with an equal degree of conspicuousness as the name of the flavor designation.

Subp. 5. Derivation from ingredient.

The product name of the pet food or specialty pet food must not be derived from one or more ingredients unless all ingredients are included in the name, except as specified by subpart 2 or 3, except that the name of an ingredient or combination of ingredients may be used as a part of the product name if:

A. the ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product or is present in amounts that have a material bearing upon the price of the product or upon acceptance of the product by the purchaser; or

B. it does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients.

Subp. 6. Contractions; coined names.

Contractions or coined names referring to ingredients must not be used in the brand name of a pet food or specialty pet food unless they comply with subpart 2, 3, or 4.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.2530 Expression of Guarantees

Subpart 1. Order and format.

The guaranteed analysis statements must comply with items A to D:

A. A pet food or specialty pet food label must list the following guarantees in the following order:

B. If ash is listed in the guaranteed analysis on a pet food or specialty pet food label, it must be guaranteed as a maximum percentage and must immediately follow the moisture guarantee.

C. A dog or cat food label must list other required or voluntary guarantees in the same order and units of the nutrients in the AAFCO Dog or Cat Food Nutrient Profiles. Guarantees for substances not listed in the AAFCO Dog or Cat Food Nutrient Profiles, or not otherwise provided for in items A to D, must immediately follow the listing of the recognized nutrients and be accompanied by an asterisk referring to the disclaimer "not recognized as an essential nutrient by the AAFCO Dog or Cat Food Nutrient Profiles." The disclaimer must appear immediately after the last guarantee under this item in the same size type as the guarantee.

D. A specialty pet food label must list other required or voluntary guarantees as required by part 1510.1943.

Subp. 2. Sliding scale method.

The sliding scale method of expressing a guaranteed analysis on a pet food or specialty pet food label (for example, "Minimum crude protein 15-18 percent") is prohibited.

Subp. 3. Mineral supplement.

The label of a pet food or a specialty pet food that is formulated as and represented to be a mineral supplement must include:

A. minimum guarantees for all minerals from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed as the element in units specified in the nutrient profile;

B. minimum guarantees for all minerals from sources declared in the ingredient statement expressed as the element in units specified in part 1510.2070, subpart 2, item B, if no species-specific nutrient profile has been recognized by AAFCO;

C. mineral guarantees required by this subpart may be expressed in milligrams (mg) per unit, such as tablets, capsules, granules, or liquids, consistent with those employed in the quantity statement and directions for use; and

D. a weight equivalent such as 1 fluid ounce = 28 grams, for liquid products.

Subp. 4. Vitamin supplement.

The label of a pet food or a specialty pet food that is formulated as and represented to be a vitamin supplement must include:

A. minimum guarantees for all vitamins from sources declared in the ingredient statement and established by an AAFCO-recognized nutrient profile, expressed in units specified in the nutrient profile;

B. minimum guarantees for all vitamins from sources declared in the ingredient statement expressed in units specified in part 1510.2070, subpart 3, if no species-specific nutrient profile has been recognized by AAFCO;

C. vitamin guarantees required by this subpart may be expressed in approved units, such as IU, mg, or g, per unit, such as tablets, capsules, granules, or liquids, consistent with those employed in the quantity statement and directions for use; and

D. a weight equivalent (1 fluid ounce = 28 grams) for liquid products.

Subp. 5. Nutrient comparison.

If the label of a pet food or specialty pet food includes a comparison of the nutrient content of the food with levels established by an AAFCO-recognized nutrient profile, such as a table of comparison, a percentage, or any other designation referring to an individual nutrient or all of the nutrient levels, items A to D apply.

A. The product must meet the AAFCO-recognized nutrient profile.

B. The statement of comparison must be preceded by a statement that the product meets the AAFCO-recognized profile. That statement is not required, however, if the nutritional adequacy statement required by part 1510.2560 or 1510.2570 appears elsewhere on the product label.

C. The statement of comparison of the nutrient content must constitute a guarantee, but need not be repeated in the guaranteed analysis.

D. The statement of comparison may appear on the label separate and apart from the guaranteed analysis.

Subp. 6. Maximum moisture.

The maximum moisture declared on a pet food or specialty pet food label must not exceed 78 percent or the natural moisture content of the ingredients, whichever is higher, except when the pet food or specialty pet food is not intended to be and is not labeled as complete and balanced for any or all life stages.

Subp. 7. Crude protein, crude fat, or crude fiber.

Guarantees for crude protein, crude fat, and crude fiber are not required if the pet food or specialty pet food is intended for purposes other than to furnish the substances or the substances are of minor significance relative to the primary purpose of the product, such as a mineral or vitamin supplement.

Subp. 8. Microorganisms and enzymes.

Guarantees for microorganisms and enzymes shall be stated in the format specified in part 1510.2070.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.2540 Ingredients

Subpart 1. Format.

Each ingredient of a pet food or specialty pet food must be listed in the ingredient statement in compliance with items A to D.

A. The names of all ingredients in the ingredient statement must be shown in letters or type of the same size.

B. The ingredients must be listed in descending order by predominance by weight in nonquantitative terms.

C. Ingredients must be listed and identified by the name and definition established by AAFCO.

D. Any ingredient with no established name and definition must be identified by the common or usual name of the ingredient.

Subp. 2. Meat; meat by-products.

The ingredients "meat" or "meat by-products" must be qualified to designate the animal from which the meat or meat by-products are derived unless the meat or meat by-products are derived from cattle, swine, sheep, goats, or any combination of those animals. For example, ingredients derived from horses must be listed as "horsemeat" or "horsemeat by-products."

Subp. 3. Brand or trade names.

Brand or trade names must not be used in an ingredient statement.

Subp. 4. Ingredient attribute.

A reference to the quality, nature, form, or other attribute of an ingredient is allowed if the reference meets the following requirements:

A. the designation is not false or misleading;

B. the ingredient imparts a distinctive characteristic to the pet food or specialty pet food because it possesses that attribute; and

C. a reference to quality or grade of the ingredient does not appear in the ingredient statement.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.2550 Drugs and Pet Food Additives

Subpart 1. Artificial color.

An artificial color may be used in a pet food or specialty pet food if it is listed in Code of Federal Regulations, title 21, part 73A, for food coloring exempt from certification, or in Code of Federal Regulations, title 21, part 74A, for food coloring subject to certification. The coloring must be used within the conditions, limitations, and tolerances prescribed for the specific coloring substance.

Subp. 2. Safety, efficacy, and utility.

Feed ingredients, including drugs, other special purpose additives, and nonnutritive additives may be used in the formulation of a pet or specialty pet food if the ingredient's safety, efficacy, and utility are established under one of the following methods:

A. the pet food or specialty pet food contains additives, the use of which conforms to the requirements of the applicable regulation in Code of Federal Regulations, title 21, or which are "prior sanctioned" or "informal review sanctioned" or "generally recognized as safe" for use; or

B. the pet food or specialty pet food is a drug or contains a drug as defined in Minnesota Statutes, section 25.33, subdivision 8, and is "generally recognized as safe and effective" for the labeled use or is marketed subject to an application approved by the Food and Drug Administration under United States Code, title 21, section 360(b).

Subp. 3. Included drugs.

If a drug is included in a pet food or specialty pet food, the format required by part 1510.1947, subpart 3, for labeling medicated feeds must be used for branded products, and part 1510.1943, subpart 2, item G, must be used for customer formula products.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.2560 Nutritional Adequacy

Subpart 1. Label claims.

The label of a pet food or specialty pet food that is intended for all life stages of the pet or specialty pet may include an unqualified claim, directly or indirectly, such as "complete and balanced," "perfect," "scientific," or "100% nutritious" if at least one of the following apply:

A. the product meets the nutrient requirements for all life stages established by an AAFCO-recognized nutrient profile;

B. the product meets the criteria for all life stages as substantiated by completion of the appropriate AAFCO-recognized animal feeding protocol; or

C. the product is a member of a product family that is nutritionally similar to a lead product containing a combination of ingredients that has been fed to a normal animal as the sole source of nourishment in accordance with the testing procedures established by AAFCO for all life stages, and:

Subp. 2. Qualified claim.

The label of a pet food or specialty pet food that is intended for a limited purpose or a specific life stage, but not for all life stages, may include a qualified claim such as "complete and balanced," "perfect," "scientific," or "100% nutritious" if the product and claim meets all of the following:

A. the claim is qualified with a statement of the limited purpose or specific life stage for which the product is intended or suitable, such as, "complete and balanced for puppies or kittens," and the claim and the required qualification is juxtaposed on the same label panel and in the same size, style, and color print; and

B. the product meets at least one of the following:

Subp. 3. Nutritional adequacy statement.

Dog and cat food labels must include a statement of nutritional adequacy or purpose of the product except when the dog or cat food is clearly and conspicuously identified on the principal display panel as a "snack" or "treat." The statement must consist of one of the following:

A. a claim that the dog or cat food meets the requirements of one or more of the recognized categories of nutritional adequacy: gestation/lactation, growth, maintenance, and all life stages. The claim must be stated verbatim as one of the following:

B. a nutritional or dietary claim for purposes other than those listed in subpart 1 or 2, if the claim is scientifically substantiated; or

C. the statement "This product is intended for intermittent or supplemental feeding only," if a product does not meet the requirements of this part or any other special nutritional or dietary need and so is suitable only for limited or intermittent or supplementary feeding.

Subp. 4. Veterinary supervision.

A product intended for use by a veterinarian, or under the supervision or direction of a veterinarian must contain a statement in accordance with subpart 3.

Subp. 5. Acceptable basis for claim.

The following AAFCO-recognized nutritional authority, nutrient profile, and animal feeding protocol are acceptable as the basis for a claim of nutritional adequacy:

A. as an AAFCO-recognized nutrient profile or nutritional authority:

B. as an AAFCO-recognized animal feeding protocol, the AAFCO Dog and Cat Food Feeding Protocols.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.2570 Feeding Directions

Subpart 1. Labeling requirements.

Feeding directions must be listed on the product label of all dog or cat food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in part 1510.2560, subpart 3, except those pet foods labeled in accordance with part 1510.2560, subpart 4. The directions must be consistent with the intended use indicated in the nutritional adequacy statement, unless a limited use or more limited life stage designation is declared elsewhere, such as "adult formula." These directions must be expressed in common terms and must appear prominently on the label. Feeding directions must, at a minimum, state, "Feed (weight/unit of product) per (weight only) of dog (or cat)." The frequency of feeding must also be specified.

Subp. 2. Veterinary supervision.

If a dog or cat food is intended for use by or under the supervision or direction of a veterinarian, the statement: "Use only as directed by your veterinarian" may be used in lieu of feeding directions.

Subp. 3. Specialty pet foods.

Feeding directions must be listed on the product label of all specialty pet food, including snacks or treats, labeled as complete and balanced for any or all life stages, as provided in part 1510.2560, subpart 1. These feeding directions must be adequate to meet the nutrient requirements of the intended species of specialty pet as recommended by the AAFCO-recognized nutritional authority. These directions must be expressed in common terms and must appear prominently on the label. The frequency of feeding must also be specified.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.2580 Statements of Calorie Content

Subpart 1. Label requirements.

Except as required in part 1510.2590, the label of a dog or cat food may bear a statement of calorie content if the label complies with items A to E.

A. The statement must be separate and distinct from the guaranteed analysis and must appear under the heading "Calorie Content."

B. The statement must be measured in terms of metabolizable energy (ME) on an "as fed" basis and must be expressed as "kilocalories per kilogram" (kcal/kg) of product, and may also be expressed as kilocalories per familiar household measure, such as cans, cups, or pounds.

C. The calorie content must be determined by one of the following methods:

D. An affidavit must be provided upon request to the commissioner when a laboratory analysis of the dog or cat food performed by the department under authority of Minnesota Statutes, section 25.41, has found that the calorie count differs from the label calorie statement, substantiating that the calorie content was determined by:

E. The calorie content statement must appear as one of the following:

Subp. 2. Comparative claims.

Comparative claims must not be false, misleading, or given undue emphasis and must be based on the same methodology for the products compared.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.2590 Descriptive Terms

Subpart 1. Calorie terms.

A. A dog food product that bears on its label the terms "light," "lite," "low calorie," or words of similar designation must:

B. A cat food product that bears on its label the terms "light," "lite," "low calorie," or words of similar designation must:

C. A dog or cat food product that bears on its label a claim of "fewer calories," "reduced calories," or words of similar designation, must include on the label:

Subp. 2. Fat terms.

A. A dog food product that bears on its label the terms "lean," "low fat," or words of similar designation must:

B. A cat food product that bears on its label the terms "lean," "low fat," or words of similar designation must:

C. A dog or cat food product that bears on its label a claim of "less fat," "reduced fat," or words of similar designation, must include on the label:

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Minn. R. 1510.2595 Manufacturer or Distributor; Name and Address

Subpart 1. General rule.

The label of a pet food or specialty pet food must specify the name and address of the manufacturer or distributor. The statement of the place of business must include the street address, city, state, and zip code. However, the street address may be omitted if the street address is shown in a current city directory or telephone directory for the city listed on the label.

Subp. 2. Specific plants.

If a person manufactures or distributes a pet food or specialty pet food in a place other than the principal place of business, the label may state the principal place of business in lieu of the actual place where each package of the pet food or specialty pet food was manufactured or packaged or from which each package is to be distributed.

History

Statutory Authority: MS s 25.40
History: 29 SR 655

Chapter 1511 GRAIN STANDARDS TESTING

Minn. R. 1511.0100 [Repealed, L 2012 c 244 art 1 s 83]

[Repealed, L 2012 c 244 art 1 s 83]

Minn. R. 1511.0110 [Repealed, L 2012 c 244 art 1 s 83]

[Repealed, L 2012 c 244 art 1 s 83]

Minn. R. 1511.0120 [Repealed, L 2012 c 244 art 1 s 83]

[Repealed, L 2012 c 244 art 1 s 83]

Minn. R. 1511.0130 [Repealed, L 2012 c 244 art 1 s 83]

[Repealed, L 2012 c 244 art 1 s 83]

Minn. R. 1511.0140 [Repealed, L 2012 c 244 art 1 s 83]

[Repealed, L 2012 c 244 art 1 s 83]

Minn. R. 1511.0150 [Repealed, L 2012 c 244 art 1 s 83]

[Repealed, L 2012 c 244 art 1 s 83]

Minn. R. 1511.0160 [Repealed, L 2012 c 244 art 1 s 83]

[Repealed, L 2012 c 244 art 1 s 83]

Minn. R. 1511.0170 [Repealed, L 2012 c 244 art 1 s 83]

[Repealed, L 2012 c 244 art 1 s 83]

Chapter 1512 SOIL TESTING LABORATORIES; AGRICULTURAL CHEMICAL RESPONSE COMPENSATION

Minn. R. 1512.0010 Purpose

Parts 1512.0010 to 1512.0085 contain certification procedures and standards for laboratories that offer soil testing services and resulting fertilizer recommendations in Minnesota.

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0015 Definitions

Subpart 1. Scope.

The definitions in this part apply to parts 1512.0010 to 1512.0085.

Subp. 2. Certification.

"Certification" means written acknowledgment by the department of the laboratory's demonstrated capability to perform soil testing procedures within required limits and in compliance with parts 1512.0010 to 1512.0085.

Subp. 3. Check sample.

"Check sample" means a processed and prepared soil sample provided by the department to laboratories for performance evaluation.

Subp. 4. Department.

"Department" means the Department of Agriculture.

Subp. 5. Enrollment period.

"Enrollment period" means a period in which laboratories not previously certified or laboratories seeking initial certification after revocation may submit an initial certification application and fees of application and certification.

Subp. 6. Initial fee.

"Initial fee" means the sum of the application fee and the annual certification fee provided in Minnesota Statutes, section 18C.141. This fee applies to laboratories requesting certification for the first time and to laboratories seeking certification after revocation.

Subp. 7. Lapsed.

"Lapsed" means that fees have not been paid or application submitted to the department in accordance to the deadline, creating a condition for revocation of certification.

Subp. 8. Method.

"Method" means the type of analysis for a given soil analysis.

Subp. 9. Procedure.

"Procedure" means a series of specific analytical steps for a given soil analysis method.

Subp. 10. Revoked.

"Revoked" means that the department has canceled certification status because of unacceptable check sample performance or violation of law or rule.

Subp. 11. Soil analysis or soil test.

"Soil analysis" or "soil test" means a physical or chemical analysis offered by the soil analysis industry.

Subp. 12. Soil analysis and fertility recommendation form.

"Soil analysis and fertility recommendation form" means a soil analysis and fertility recommendation report consisting of one or more pages.

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0020 Application for Certification and Renewal

Participation by a laboratory in the Minnesota Soil Testing Laboratory Certification Program is voluntary. Application for initial and renewal certification must be on application forms provided by the department. The enrollment period for laboratories to submit an initial certification application and fees is September 1 to November 30 of any year. The application must include the:

A. name, address, and telephone number of the laboratory;

B. names and signatures of laboratory supervisors;

C. names and signatures of fertilizer recommendation supervisors, if different from those in item B;

D. types of analyses and analysis methods requested for initial or renewal certification;

E. name of any land grant university whose fertilizer recommendations will be provided on the laboratory's soil analysis and fertility recommendation report forms; and

F. most current copy of soil analysis and fertility recommendation report form used for Minnesota based clients. This requirement does not apply for laboratories that are not providing soil analysis and fertility recommendation services in Minnesota as indicated on the initial or renewal certification application.

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0025 Term of Certification

Laboratory certifications are valid from January 1 to December 31 and must be renewed annually. The department shall send renewal forms no later than 30 days before expiration of certification.

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0030 Fees

Fees for application and certification are stated in Minnesota Statutes, section 18C.141. Applicable fees for initial or renewal certification must be submitted with an application. Fees may not be prorated. Land grant university soil analysis laboratories in Minnesota and those that are in states contiguous with Minnesota are exempt from all fees.

Laboratories that fail to pay the renewal fee by December 31 of each year, as designated by postmark, must have their certifications classified as lapsed and are subject to initial fee charges to regain certification status. A laboratory certification must be reclassified as revoked if the initial or renewal fees payable are not postmarked within 60 days after the December 31 deadline.

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0035 Minimum Standards for Laboratory Equipment and Facilities

Each laboratory that performs soil analysis must maintain equipment and facilities that are adequate and appropriate for the services offered. Each laboratory must maintain the standards in items A and B.

A. Equipment must be maintained in proper working order and routinely checked to assure accuracy. Instruments must meet the specifications of the methodology for the analysis being performed and must be maintained, monitored, and calibrated to assure accuracy.

B. The laboratory must follow a written plan of quality control assurance. The plan must describe policies and procedures used to:

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0040 Minimum Personnel Standards

Each laboratory that performs soil analysis must be supervised by persons who are responsible for the training and supervision of the laboratory staff. The supervisor must meet one of the following qualifications:

A. be a graduate of an accredited college with a bachelor of science degree and a graduate in one of the chemical, engineering, physical, or biological sciences; or

B. have five years prior experience in the supervision or operations of a laboratory that performs soil analysis.

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0045 Records

Records of sample receipt, sample analysis, soil fertility recommendations, and internal quality assurance must be maintained for at least one year.

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0050 Approved Soil Analysis Methods and Procedures

Soil analysis methods and procedures must be those applicable to Minnesota soils and conditions that are set forth in the most recent edition of the Recommended Chemical Soil Test Procedures for the North Central Region, North Central Regional Publication 221. This publication is incorporated by reference, is not subject to frequent change, and is available from the Minnesota State Law Library, the Minnesota Department of Agriculture, Division of Agronomy Services, or the Soil Testing Laboratory, University of Minnesota, St. Paul.

Alterations in procedures which maintain the integrity of the analytical method are allowable if the check sample analytical data is within the one standard deviation from the mean range as denoted in part 1512.0065, subpart 6, and as specified in the North Central Regional Publication 221.

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0055 Soil Analysis Method or Procedure Variance

The department may grant a variance from requirements of part 1512.0050. To request a variance, a laboratory must provide a written request to the department including:

A. the specific methods or procedures for which the variance is being sought including analytical methodology;

B. reasons for the request; and

C. documentation and research to show correlation of analytical data to crop response and interpretation of the soil analysis to provide fertilizer recommendations for Minnesota soils and conditions. The department shall review information submitted with the variance request in consultation with the soil testing advisory panel according to part 1512.0075. The department shall grant or deny the variance within 100 working days of receipt of the request. Analytical methods or procedures that have been granted a variance may be used by any laboratory requesting initial or renewal certification. Analytical methods or procedures that have been granted a variance must be published in the yearly certification program report and provided by any laboratory requesting certification. The department shall send written reasons for a denial of a request for variance within 100 working days of receipt of request.

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0060 Appeal of Administrative Decision

The department shall notify a laboratory in writing of the reasons for a decision to deny a variance or to deny, suspend, or revoke certification. The laboratory has 30 days from the date of receiving notice of the decision to appeal the decision. A request to appeal the decision must be in writing to the department, must indicate the facts the laboratory disputes, and must be signed by the laboratory supervisor. The appeal may include a request for a personal meeting with the department for purposes of discussing disputed facts and findings. The department must consult with the advisory panel regarding the appeal. The department shall accept or deny the appeal and respond to the laboratory making the appeal within 100 working days of receipt of the request.

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0065 Analyzing Check Samples and Analytical Data for Granting Certification

Subpart 1. Minimum laboratory analytical methods for laboratory certification.

Laboratories desiring certification must analyze the check samples for the following parameters as a minimum requirement: Bray or Olsen phosphorus, potassium, nitrate-nitrogen, pH, and organic matter. Any remaining analysis methods, as recognized by North Central Regional Publication 221, are required only if soil fertility recommendations are made. Each check sample must be handled and analyzed in duplicate for all analysis methods and procedures for which the laboratory is requesting initial or renewal certification. Duplicate check samples must be analyzed on different days and reported as individual results.

Subp. 2. Reporting units on check sample analysis report.

Analytical data of check samples must be reported in elemental form as follows:

A. nitrate-nitrogen, phosphorus, potassium, sulfate-sulfur, chloride, calcium, and magnesium to the nearest part per million (ppm);

B. organic matter to the nearest tenth of a percentage;

C. pH and buffer pH to the nearest tenth of a pH unit;

D. all micronutrients reported to the nearest tenth of a ppm; and

E. soluble salts reported to the nearest 0.1 mmhos/cm.

Subp. 3. Check sample processing and handling.

Check samples, other than blind check samples referred to in subpart 7, must be processed and prepared by the department or by a person under contract with the department according to approved soil analysis methods and procedures. Check samples must be shipped in secure containers and be ready for analysis upon receipt.

Subp. 4. Initial certification check samples.

Upon receipt of the application form and application and certification fees, the department shall send eight check samples for analysis. Check samples, accompanied by analysis data forms and instructions, must be sent by the department to a laboratory applying for initial certification between September 1 and December 31. The laboratory must submit analytical data to the department within 30 days of receipt of the check samples. Analytical data submitted after this deadline must be considered invalid. The laboratory may not be reimbursed for analysis costs incurred in obtaining initial certification.

Subp. 5. Renewal certification check samples.

Laboratories applying for renewal certification must analyze two sets of four check samples on a semiannual basis. Check samples, accompanied by analysis data forms and instructions, must be sent by the department during the following time periods: March 1 to May 1 and August 1 to October 1. The laboratory must submit analytical data to the department within 30 days of receipt of the check samples. Analytical data submitted after this deadline must be considered invalid. The laboratory may not be reimbursed for analysis costs incurred in obtaining renewal certification.

Subp. 6. Statistical guidelines for granting certification.

The department shall compile analytical data submitted by laboratories for each set of check samples. Check sample analytical data from qualifying laboratories must be composited by the department to provide statistical means and standard deviations for each soil testing method. Check sample analytical data points outside the range of plus or minus one standard deviation from the mean must be noted.

Statistical guidelines for determining initial and renewal certification are:

A. Initial certification. If more than 20 percent of a laboratory's individual check sample analytical data points are outside the range of plus or minus one standard deviation from the mean, the laboratory shall reanalyze check samples. Initial certification must be denied if more than 20 percent of a laboratory's check sample analytical data points are outside the range of plus or minus one standard deviation from the mean.

B. Renewal certification. If more than 20 percent of the analytical data points of each set of four check samples falls outside the range of plus or minus one standard deviation from the mean, the laboratory must reanalyze the check samples. The percent of analytical data points outside the range of plus or minus one standard deviation from the mean for both the analyzed and reanalyzed check samples must then be noted. Once both sets of semiannual check samples have been analyzed, the composite analytical data points from both sets of check samples must be combined to determine the percent that falls outside the range of plus or minus one standard deviation from the mean. Renewal certification must be denied if more than 20 percent of the total annual composite analytical data points falls outside the range of plus or minus one standard deviation from the mean.

Subp. 7. Blind soil check samples to certified and uncertified laboratories.

The department may conduct blind check samples on either certified or uncertified laboratories as stated in Minnesota Statutes, section 18C.141, subdivision 2, paragraph (d). For purposes of this subpart, "blind check sample" means a sample sent to a laboratory by the department under an assumed name, and in a manner to make it appear that the sample came from a client. Check sample preparation as stated in subpart 3 may not be required so that the identity of the sending party is not revealed. The department shall bear the cost of requested analyses for blind check samples. If analytical data falls outside the range of plus or minus one standard deviation from the mean, the department shall consult with the laboratory concerning the discrepancy or inaccuracy of the blind check samples analytical data produced by the laboratory.

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0070 Reporting Check Sample Analytical Data, Statistics, and Certified Laboratories

Subpart 1. Analytical data and statistical reporting.

The department shall compile reports of analytical data submitted by laboratories and statistics for each set of check samples. Laboratories must remain unidentified on the report. Each laboratory participating in the certification program must receive a copy of its own data and summary statistics.

Subp. 2. Report of certified laboratories.

The department shall compile a yearly report listing laboratories that meet the certification requirements of the Minnesota Soil Testing Laboratory Certification Program, and the analytical methods for which each laboratory is certified. Annual reports must be available April 1 of each year. Current lists of certified laboratories will be available from the department.

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0075 Advisory Panel

The department shall appoint a soil testing advisory panel to provide recommendations on appropriate soil analytical methods and procedures for Minnesota climate and conditions, and to provide technical evaluations of requests for analytical variances. The advisory panel must include representation from the Minnesota Department of Agriculture, the Agricultural Extension Service, the University of Minnesota College of Agriculture, the fertilizer industry, agricultural crop consultants, and the soil testing laboratory industry. The advisory panel shall meet at least once a year. Members shall serve three-year terms and have equal voting power. Panel meetings must be open to the public.

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0080 Laboratory Inspections

The purpose of laboratory inspections is to investigate the general cleanliness of the laboratory, examine equipment used in soil analysis methods and procedures, and review qualifications of personnel. Inspections of laboratories must be conducted during normal business hours by the department to determine compliance with certification requirements. Inspections may be unannounced and done on a random basis.

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0085 Soil Analysis and Soil Fertility Recommendation Reporting

A. Analytical data of client soil samples must be reported in elemental form as follows:

B. If a certified laboratory provides soil fertility recommendations, the University of Minnesota soil fertility recommendations or that of another land grant university in a contiguous state must be provided in addition to other recommendations, and the source of the recommendations must be identified on the soil analysis and soil fertility recommendation report form. Land grant university soil fertility recommendations must be on the same soil analysis and soil fertility recommendation report form with other soil fertility recommendations as stated by the certified laboratory. If the soil analysis and soil fertility recommendation report form consists of more than one page, the first page of the report form must conspicuously state that "University of Minnesota Soil Fertility Recommendations or That of a Land Grant University in a Contiguous State Have Been Provided With This Report." A certified laboratory shall not provide soil fertility recommendations if a request from a client is made that only soil analysis information be provided on the soil analysis and soil fertility recommendation report form.

C. Certified laboratories that provide land grant university soil fertility recommendations must provide these recommendations from only one land grant university to the greatest extent possible. Land grant university soil fertility recommendations must conform to all conditions, requirements, and guidelines established for that state. Soil fertility recommendations of a land grant university from a state contiguous with Minnesota may be substituted if University of Minnesota soil fertility recommendations do not exist or if the selected soil fertility recommendations are more appropriate based on soil or climatic conditions. The origin of land grant university soil fertility recommendations from a state contiguous with Minnesota must be conspicuously stated on the soil analysis and soil fertility recommendation report form. If the certified laboratory makes a soil fertility recommendation in which no University of Minnesota or other suitable land grant university soil fertility recommendation from a contiguous state exist, the laboratory must state on the soil analysis and soil fertility recommendation report form that no land grant university soil fertility recommendations are available. Certified laboratories must update land grant university soil fertility recommendations on an annual basis.

D. Certified laboratories must be certified for any analytical method used to analyze soil for which a soil fertility recommendation is made. If a certified laboratory is not certified for a particular analytical method, this must be noted on the soil analysis and soil fertility recommendation report form. If more than one approved analytical method exists in the North Central Regional Publication 221, the analytical method used must be identified along with the soil fertility recommendation.

E. If soil analysis and soil fertility recommendation report forms are transferred and provided through computer, computer program, electronic, mail, or telephone networks from a certified laboratory, all requirements of parts 1512.0010 to 1512.0085 must be met. A printed copy of a soil analysis and soil fertility recommendation report form must be provided to the client of the certified laboratory.

History

Statutory Authority: MS s 18C.141
History: 19 SR 218

Minn. R. 1512.0100 Definitions

Subpart 1. Scope.

The definitions in this part and Minnesota Statutes, chapter 18B, 18C, 18D, or 18E apply to parts 1512.0100 to 1512.1100.

Subp. 2. Corrective action design.

"Corrective action design" means a description of the actions necessary to investigate, minimize, or clean up an incident.

Subp. 3. Eligible costs.

"Eligible costs" means costs that minimize, eliminate, or clean up an incident and are reasonable and necessary.

History

Statutory Authority: MS s 18E.05
History: 15 SR 1876

Minn. R. 1512.0200 Board Meetings

Subpart 1. Regular meetings.

At least four regular meetings of the board must be scheduled a year. A scheduled meeting may be canceled due to insufficient funds in the account or if there is insufficient business.

Subp. 2. Special meetings.

A special meeting of the board may be called by the chair or by written request of three board members.

History

Statutory Authority: MS s 18E.05
History: 15 SR 1876; 29 SR 271

Minn. R. 1512.0300 Board Chair and Vice-Chair

A chair and vice-chair of the board must be elected by the board. Both positions must be elected at the first official meeting of the board on or after July 1, 1990. The chair shall preside at regular and special meetings, or the vice-chair in the absence of the chair, and the person chairing a meeting shall perform all duties assigned by the board.

The chair and vice-chair must be members of the board and may not be either the commissioner of agriculture or the commissioner of commerce.

The term of the chair and vice-chair is one year, beginning January 1, 1991.

History

Statutory Authority: MS s 18E.05
History: 15 SR 1876

Minn. R. 1512.0400 Conduct of Meetings

Subpart 1. Quorum.

A quorum consists of three board members.

Subp. 2. Minutes.

Meetings must be tape recorded and minutes subsequently prepared by the board's staff.

Subp. 3. Parliamentary procedure.

Except as specifically provided by statute or negotiation, Robert's Rules of Order govern questions that may arise at a meeting of the board.

History

Statutory Authority: MS s 18E.05
History: 15 SR 1876

Minn. R. 1512.0500 Conflict of Interest

A member of the board who has a direct or indirect financial or employment interest relating to a matter before the board, which interest is reasonably likely to affect impartiality of judgment in the matter, shall make known the interest and shall refrain from participating in or voting upon the matter. The abstention of a board member or members does not prevent the remaining members from conducting a legal vote.

History

Statutory Authority: MS s 18E.05
History: 15 SR 1876

Minn. R. 1512.0600 Reimbursement or Payment of Costs

Subpart 1. General.

A. An eligible person who has taken corrective action and has incurred costs on or after July 1, 1989, may apply to the board for reimbursement or payment of eligible costs.

B. Reimbursement for eligible costs incurred is only for costs already paid by the eligible person. Reimbursement will not be made without proof that costs have been paid.

C. Payment of eligible costs incurred is only for costs that the eligible person is unable to pay.

Subp. 2. Conditions.

A reimbursement or payment may not be made unless the board determines that the commissioner of agriculture has determined that the corrective action has adequately addressed, or will adequately address, the incident so as to eliminate unreasonable adverse effects on the environment.

An eligible person must seek and report to the board any and all other cost coverage or recovery when making an application for reimbursement or payment from the agricultural chemical response and reimbursement account.

Financial compensation may not be made before the applicant receives approval from the commissioner of agriculture for a corrective action design or for additional necessary corrective actions.

Subp. 3. Multiple eligible persons.

If more than one eligible person incurs eligible costs for a single incident or for a single corrective action, each eligible person must apply separately to the board. Not more than the maximum amounts under Minnesota Statutes, chapter 18E, may be reimbursed or paid for corrective action costs associated with a single incident site, regardless of the number of eligible persons.

History

Statutory Authority: MS s 18E.05
History: 15 SR 1876; 29 SR 271

Minn. R. 1512.0700 Eligible Costs

Subpart 1. Reimbursable or payable corrective actions.

Costs associated with the following corrective actions may be eligible for reimbursement or payment:

A. emergency responses to incidents including, but not limited to, costs incurred that are necessary to abate acute risks to human health, safety, and the environment;

B. incident site hazard control measures including, but not limited to, containment and stabilization of the incident and removal of released material;

C. investigation and source identification including, but not limited to, collecting and analyzing soil samples, testing the groundwater, testing site and adjacent drinking water supplies, structural testing, and engineering and consultant services;

D. development of corrective action design according to requirements of the commissioner of agriculture; and

E. cleanup of incidents including, but not limited to, removal, treatment, or disposal of surface or subsurface contamination. Cleanup must be performed according to a corrective action design, approved by the commissioner of agriculture, except in circumstances where an eligible person takes all reasonable emergency corrective action necessary to minimize and abate an incident and the action is subsequently approved by the commissioner of agriculture.

Subp. 2. Documentation of reasonableness.

The applicant shall prove the reasonableness of all incurred eligible costs. Upon request of the board or the board's staff, the applicant shall document the reasonableness of any costs included on the reimbursement application, or on any request for payment, by providing one or more of the following:

A. evidence that the work was performed by a person or persons whose services were solicited through a competitive selection procedure that considers qualifications and cost;

B. evidence that the cost is substantially equivalent to that charged by a comparable person or persons in the same geographical area for similar work performed;

C. evidence that only one party was reasonably available to perform the necessary work; or

D. evidence that only one party was reasonably qualified to perform the necessary work. The board shall reimburse or pay only those costs it determines to be reasonable.

History

Statutory Authority: MS s 18E.05
History: 15 SR 1876

Minn. R. 1512.0800 Ineligible Costs

All costs associated with actions that do not minimize, eliminate, or clean up an incident are ineligible costs. Ineligible costs include, but are not limited to, costs related to the repair, replacement, or upgrading of agricultural chemical facility structures or equipment, cost of agricultural chemical product replacement, loss of income, attorney's fees, permanent relocation of residents, decreased property values, reimbursement for the eligible person's own time spent in planning and administering a corrective action design, costs for third party review of proposed investigative and corrective action or work plans, aesthetic improvements, or any work, except for emergency corrective actions, not in compliance with safety codes including, but not limited to, United States Occupational Safety and Health Administration requirements, well codes, fire codes, and costs for providing alternative sources of drinking water.

Corrective action costs covered or payable under an insurance or other contract are ineligible costs. Corrective action costs covered or payable under an insurance or other contract are ineligible costs because they are not considered to be costs incurred by the eligible person. Costs incurred in response to requests or orders issued to a responsible person under authorities contained in Minnesota Statutes, chapter 115B, or federal CERCLA are ineligible costs.

History

Statutory Authority: MS s 18E.05
History: 15 SR 1876

Minn. R. 1512.0900 Application Process

Subpart 1. Request for reimbursement.

A person who wishes to apply for reimbursement from the account shall complete, sign, and submit to the board a written application. The application must be on a form prescribed by the board and must contain the following:

A. name of person making the application;

B. description of the site of the incident;

C. summary of the corrective action design and the commissioner of agriculture's approval of the design, or a description of emergency corrective action taken and evidence of the commissioner of agriculture's subsequent approval of that action;

D. itemized list of all corrective actions taken; the eligible costs associated with those actions; and the name of the person, contractor, consultant, or engineer who performed the action; and

E. proof of payment.

Subp. 2. Request for payment.

A person who wishes to apply for payment from the account shall complete, sign, and submit to the board a written application. The application must be on a form prescribed by the board and must contain the following:

A. name of person making the application;

B. description of the site of the incident;

C. completed and signed affidavit summarizing the financial condition of eligible persons, and demonstrating an inability to pay the corrective action cost;

D. copies of federal and state income tax returns for the last two years (corporate, partnership, or individual);

E. monthly, quarterly, and annual financial statements for the last two years, prepared according to generally accepted accounting principles, relating to the financial condition of the applicant applying for payment, including financial statements for any businesses owned or operated by the applicant;

F. a summary of the corrective actions taken, as approved by the commissioner, or a description of emergency corrective action taken and evidence of the commissioner of agriculture's subsequent approval of that action;

G. itemized list of all corrective actions taken; the eligible costs associated with those actions; and the name of the person, contractor, consultant, or engineer who performed the action;

H. information detailing why corrective actions have not been completed or initiated; and

I. evidence sufficient to prove applicant's payment of $1,000 for corrective action costs already incurred. The board may waive the requirement for submission of all or a portion of the above described financial information, if reasonable and appropriate, upon written request of the applicant. Only complete applications may be accepted by the board and incomplete applications must be returned to the applicant.

Subp. 3. Time of application.

The board shall hear initial requests for reimbursement and payment applications by eligible persons at every regular meeting.

The board shall establish a priority system for hearing requests for payment or reimbursement. The priority system must be based primarily on department incident response site priorities, taking into account the health and welfare of the public, the effects on the environment, and the commissioner of agriculture's incident response case load and staff resources.

Subp. 4. Subsequent application.

A. An eligible person who has already obtained partial reimbursement or payment from the board and who has incurred additional or continuing costs due to the same incident may reapply if:

B. Requests for reimbursement may be considered by the board no more than once every 12 months if the additional costs incurred are $5,000 or less.

Subp. 5. Signatures.

An application must be signed as follows:

A. for a corporation, by a principal executive officer of at least the level of vice-president or the duly authorized representative or agent of the executive officer if the representative or agent is responsible for the overall operation of the facility or site that is the subject of the application or a person whom the board of directors designates by means of a corporate resolution; or

B. for a partnership, sole proprietorship, or individual by a general partner, the proprietor, or individual, respectively.

Subp. 6. Certification.

A. A person who signs an application for reimbursement or payment shall make the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. I certify that the commissioner of agriculture has approved the corrective actions taken, as described in the approved corrective action design, or as otherwise approved by the commissioner. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge, true, accurate, and complete. I further certify that I have the authority to submit this application on behalf of ....."

B. A person who signs an application for payment shall also make the following certification: "I certify that if I have submitted invoices for costs that remain unpaid that I will pay those invoices within 30 days of receipt of payment from the board. I understand that if I fail to do so, the board may demand return of all or any portion of money paid to me."

C. A person who signs an application for subsequent payment or reimbursement shall also make the following certification: "I certify that I have complied with the commissioner of agriculture approved corrective action design provisions and the corrective actions were taken as described in that design."

Subp. 7. Report of commissioner of agriculture.

Upon notification by the board's staff that a complete application has been received, the commissioner shall, in a timely manner, provide the board with a written report on the applicant's compliance or noncompliance with Minnesota Statutes, section 18E.04.

In addition, the board may request additional information from the commissioner or may request participation of agency staff at a board meeting. All responses to requests for information must be delivered in a timely manner. The board may delegate these powers to its staff.

History

Statutory Authority: MS s 18E.05
History: 15 SR 1876; 29 SR 271

Minn. R. 1512.1000 Review and Determination

Subpart 1. Review.

The board's staff shall review all applications. If the staff determines that the application is incomplete or otherwise deficient, the staff shall promptly advise the applicant of the incompleteness or deficiency. Further processing of the application affected by the deficiency must be suspended until the applicant has supplied the necessary information or otherwise corrected the deficiency. A complete application and the corresponding report of the commissioner of agriculture constitutes the written record. Any supplemental information explaining the application that is presented orally or in writing to the board will also be part of the written record.

Subp. 2. Staff recommendation.

After a reimbursement or payment application is complete and the commissioner has provided the information relevant to the application, the board's staff shall make a recommendation as to the eligibility of the applicant and the costs specified in the application.

Subp. 3. Board determination.

The board shall determine the amount of the reimbursement or payment based on the costs it finds are eligible, actually incurred, and reasonable. The determination must be made on the basis of the written record. The board may also allow supplemental information explaining the application to be presented in writing or orally. The board may establish a fair and reasonable limit on the time for oral presentation.

The applicant must be notified in writing within 30 days of the board's decision. If the board rejects part of the request for reimbursement or payment, a statement of the reasons for rejection must be included with the notification.

Subp. 4.

[Repealed, 29 SR 271]

History

Statutory Authority: MS s 18E.05
History: 15 SR 1876; 29 SR 271

Minn. R. 1512.1100 Enforcement

An application for reimbursement or payment containing false statements or misrepresentations voids the application. Reimbursements or payments that are made that later are found to have been based upon false or misleading information result in forfeiture of any reimbursement or payment made, and are wholly recoverable through actions under general criminal or civil enforcement authorities by the Office of the Attorney General.

History

Statutory Authority: MS s 18E.05
History: 15 SR 1876

Chapter 1513 ANHYDROUS AMMONIA

Minn. R. 1513.0010 Introduction

Subpart 1. Scope.

This chapter is adopted under Minnesota Statutes, section 18C.121, to regulate the design, construction, repair, alteration, location, installation, and operation of agricultural anhydrous ammonia systems with product used or intended for use as a fertilizer.

Subp. 2. Exceptions.

This chapter does not apply to:

A. ammonia manufacturing plants;

B. refrigeration systems where ammonia is used solely as a refrigerant;

C. ammonia transportation pipelines;

D. ammonia barges and tankers; and

E. ammonia regulated under Minnesota Statutes, chapter 326.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0020 Incorporations by Reference

The most current edition of the standards in items A to T are incorporated by reference. The standards are not subject to frequent change and are available as indicated or can be purchased from the institute or organization that published them.

A. ANSI Z87.1, Practice for Occupational and Educational Eye and Face Protection; American National Standards Institute, Inc., 1430 Broadway, New York, NY 10018. It is available for reference at the Minneapolis Public Library, 300 Nicollet Mall, Minneapolis, MN 55401.

B. ANSI Z358.1, Emergency Eyewash and Shower Equipment; American National Standards Institute, Inc., 1430 Broadway, New York, NY 10018. It is available through the Minitex interlibrary loan system.

C. Code of Federal Regulations, title 29, parts 1900-1910 (Labor), chapter XVII--Occupational Safety and Health Administration, United States Department of Labor. Superintendent of Documents, United States Government Printing Office, Washington, DC 20402. It is available through the Minitex interlibrary loan system.

D. National Board Inspection Code, ANSI/NB-23 National Board of Boiler and Pressure Vessel Inspectors, 1055 Crupper Avenue, Columbus, OH 43229. It is available through the Minitex interlibrary loan system.

E. ANSI Z88.2, Practices for Respiratory Protection, American National Standards Institute, Inc., 1430 Broadway, New York, NY 10018. It is available for reference at the Minneapolis Public Library, 300 Nicollet Mall, Minneapolis, MN 55401.

F. ANSI/ASME B31.3, American National Standard for Chemical Plant and Petroleum Refinery Piping, American Society of Mechanical Engineers, 345 East 47th Street, New York, NY 10017-2392. It is available for reference at the University of Minnesota, Walter Library, 117 Pleasant Street SE., Minneapolis, MN 55455.

G. ANSI/ASME B31.5, American National Standard for Refrigeration Piping, American Society of Mechanical Engineers, 345 East 47th Street, New York, NY 10017-2392. It is available for reference at the University of Minnesota, Walter Library, 117 Pleasant Street SE., Minneapolis, MN 55455.

H. ASTM Specification A53, Annual Book of ASTM Standards; ASTM, 1916 Race Street, Philadelphia, PA 19103. It is available for reference at the University of Minnesota, Walter Library, 117 Pleasant Street SE., Minneapolis, MN 55455.

I. ASME Boiler and Pressure Vessel Code, Section IX, American Society of Mechanical Engineers, 345 East 47th Street, New York, NY 10017-2392. It is available for reference at the University of Minnesota, Walter Library, 117 Pleasant Street SE., Minneapolis, MN 55455.

J. ANSI/SAE J513f, Refrigeration Tube Fittings, Society of Automotive Engineers, 400 Commonwealth Dr., Warrendale, PA 15096-0001. It is available for reference at the University of Minnesota, Walter Library, 117 Pleasant Street SE., Minneapolis, MN 55455.

K. ASTM Specification A47 and Specification A395, Annual Book of ASTM Standards; ASTM, 1916 Race Street, Philadelphia, PA 19103. It is available for reference at the University of Minnesota, Walter Library, 117 Pleasant Street SE., Minneapolis, MN 55455.

L. ANSI RMA IP-14, Specifications for Anhydrous Ammonia Hose; American National Standards Institute, Inc., 1430 Broadway, New York, NY 10018. It is available through the Minitex interlibrary loan system.

M. CGA P-7, Standard for Requalification of Cargo Tank Hose Used in the Transfer of Compressed Gases; Compressed Gas Association, Inc., 1235 Jefferson Davis Highway, Arlington, VA 22202. It is available through the Minitex interlibrary loan system.

N. UL 132, Standard on Safety Relief Valves for Anhydrous Ammonia and LP-Gas; Underwriters Laboratories, Inc., 333 Pfingsten Road, Northbrook, IL 60062. It is available through the Minitex interlibrary loan system.

O. API Standard 620, Recommended Rules for Design and Construction of Large Welded Low-Pressure Storage Tanks; American Petroleum Institute, 1220 L Street, N.W., Washington, DC 20005. It is available for reference at the University of Minnesota, Walter Library, 117 Pleasant Street SE., Minneapolis, MN 55455.

P. ANSI/NFPA 70, National Electrical Code; National Fire Protection Association, Batterymarch Park, Quincy, MA 02269. It is available through the Minitex interlibrary loan system.

Q. Code of Federal Regulations, title 49, parts 300-399 (Transportation) chapter III--Federal Highway Administration, United States Department of Transportation. Superintendent of Documents, United States Government Printing Office, Washington, DC 20402. It is available through the Minitex interlibrary loan system.

R. CGA C-4 American National Standard Method of Marking Portable Compressed Gas Containers to Identify the Material Contained (ANSI/CGA C-4); Compressed Gas Association, Inc., 1235 Jefferson Davis Highway, Arlington, VA 22202. It is available for reference at the Minneapolis Public Library, 300 Nicollet Mall, Minneapolis, MN 55401.

S. CGA V-1, American National, Canadian, and Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections (ANSI/CSA/CGA V-1); Compressed Gas Association, Inc., 1235 Jefferson Davis Highway, Arlington, VA 22202. It is available for reference at the Minneapolis Public Library, 300 Nicollet Mall, Minneapolis, MN 55401.

T. ASAE S276.4, Slow-Moving Vehicle Identification Emblem; American Society of Agricultural Engineers, 2950 Niles Road, St. Joseph, MI 49085. It is available for reference at the University of Minnesota, St. Paul Central Library, 1984 Buford Avenue, St. Paul, MN 55108.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0030 Definitions

Subpart 1. Scope.

The definitions in this part apply to this chapter.

Subp. 2. Alteration.

"Alteration" means a change in an item described in the original manufacturer's data report which affects the pressure-containing capability of the container. Alteration includes rerating a container by increasing maximum allowable working pressure or by increasing or decreasing allowable working temperature.

Subp. 3. Ammonia or anhydrous ammonia.

"Ammonia" and "anhydrous ammonia" are used interchangeably in this chapter and refer to the compound formed by the chemical combination of the elements nitrogen and hydrogen in the molar proportion of one part nitrogen to three parts hydrogen. This relationship is shown by the chemical formula, NH3. On a weight basis, the ratio is 14 parts nitrogen to three parts hydrogen or approximately 82 percent nitrogen to 18 percent hydrogen. Ammonia may exist in either a gaseous or a liquid state. Ammonia does not include aqua ammonia or ammonium hydroxide which are solutions of ammonia in water and are sometimes called "ammonia."

Subp. 4. Approved.

"Approved" means:

A. listed by a recognized testing laboratory; or

B. recommended by the manufacturer as suitable for use with anhydrous ammonia and so marked.

Subp. 5. Appurtenance.

"Appurtenance" means a device such as a pressure relief device, liquid level gauging device, valve, pressure gauge, pressure regulator, or metering or dispensing device designed to be attached to an ammonia container.

Subp. 6. API-ASME code.

"API-ASME code" refers to the Code for Unfired Pressure Vessels for Petroleum Liquids and Gases of the American Petroleum Institute and the American Society of Mechanical Engineers (API-ASME). The API-ASME code, as a joint publications and interpretation service, was discontinued as of December 31, 1956, and construction of containers to the API-ASME code has not been authorized after July 1, 1961. The API-ASME code is incorporated by reference. It is not subject to frequent change and is available for reference at the University of Minnesota, Walter Library, 117 Pleasant Street SE., Minneapolis, MN 55455.

Subp. 7. ASME code.

"ASME code" refers to:

A. paragraphs U-68, U-69, U-200, or U-201 of Section VIII of the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, 1949 Edition; or

B. Section VIII Division I of the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, 1950 Edition, through the current edition including addenda and applicable code case interpretations. The ASME code is incorporated by reference. It is not subject to frequent change and is available through the Minitex interlibrary loan system.

Subp. 8. Capacity.

"Capacity" means the total volume of a container measured in standard United States gallons, unless otherwise specified.

Subp. 9. Cargo tank.

"Cargo tank" means a container designed to be permanently attached to or forming a part of a highway motor vehicle, or a container not permanently attached to a highway motor vehicle, which by reason of the container's size, construction, or attachment to a highway motor vehicle, must be loaded or unloaded without being removed from the highway motor vehicle. Cargo tank does not apply to cylinders, implements of husbandry, or containers normally used for storage.

Subp. 10. Chemical splash goggles or goggles.

"Chemical splash goggles" or "goggles" means flexible fitting protective eyewear designed to provide primary protection of the eyes and eye sockets from the splash of hazardous liquids and meeting the requirements of ANSI Z87.1, Practice for Occupational and Educational Eye and Face Protection. Chemical splash goggles or goggles does not include direct vented goggles.

Subp. 11. Commissioner.

"Commissioner" means the commissioner of agriculture or an agent authorized by the commissioner.

Subp. 12. Container.

"Container" means a tank, except for a cylinder and piping, used for the mobile transportation or storage of anhydrous ammonia.

Subp. 13. Cylinder.

"Cylinder" means a pressure vessel of 1,000 pounds water capacity or less, constructed according to United States Department of Transportation specifications for cylinders and authorized for the transportation of ammonia. Cylinder does not include a storage tank, cargo tank, portable tank, nurse tank, or tank car.

Subp. 14. Design pressure.

"Design pressure" has the meaning given to the term "maximum allowable working pressure" in the ASME code.

Subp. 15. DOT regulations.

"DOT regulations" means the Hazardous Materials Regulations of the Department of Transportation (See the Code of Federal Regulations, title 49, parts 100 to 199, Transportation, including "Specifications for Shipping Containers.") The DOT regulations are incorporated by reference. They are not subject to frequent change and are available through the Minitex interlibrary loan system.

Subp. 16. Emergency shower.

"Emergency shower" means a shower unit permanently connected to a source of clean water that enables the user to have water cascading over the entire body and that otherwise meets the requirements of ANSI Z358.1, Emergency Eyewash and Shower Equipment.

Subp. 17. Eye wash unit.

"Eye wash unit" means a device used to irrigate and flush the eyes with clean water. Depending upon the requirements in this chapter, the device may be a plumbed unit, permanently connected to a source of clean water, or it may be a self-contained unit, not permanently installed which must be refilled or replaced after use. An eye wash unit must meet the requirements of ANSI Z358.1, Emergency Eyewash and Shower Equipment.

Subp. 18. Filling density.

"Filling density" means the percent ratio of the weight of the ammonia permitted in a container to the weight of water at 60 degrees Fahrenheit that the container will hold when full. One pound of water equals 27.74 cubic inches at 60 degrees Fahrenheit. For determining the water capacity of the tank in pounds, the weight of one gallon of water at 60 degrees Fahrenheit (15.6 degrees centigrade) in air is 8.328 pounds.

Subp. 19. Full face shield.

"Full face shield" means a device meeting the requirements of ANSI Z87.1, Practice for Occupational and Educational Eye and Face Protection, designed to provide protection to all of the face from hazard. A full face shield may only be worn as secondary eye protection, supplementing the primary eye protection afforded by chemical splash goggles.

Subp. 20. Gas mask.

"Gas mask" means an air-purifying device with a full face piece approved by NIOSH/MSHA under Code of Federal Regulations, title 30, part II, subpart I, for use in an ammonia contaminated atmosphere in compliance with Code of Federal Regulations, title 29, part 1910.134.

Subp. 21. Hydrostatic relief valve.

"Hydrostatic relief valve" means a pressure relief device for liquid service designed to prevent excessive pressure due to thermal expansion when a pipe or hose is filled with liquid such as between block valves or blinds.

Subp. 22. IDLH.

An atmosphere is "IDLH" if it poses an immediate hazard to life or produces irreversible debilitating effects on health. The IDLH for ammonia is 300 ppm by volume.

Subp. 23. Implement of husbandry.

"Implement of husbandry" means a system, including a nurse tank, with a capacity of 3,000 gallons (11.35m3) or less, or an applicator tank, used for transporting and applying anhydrous ammonia exclusively for agricultural purposes.

Subp. 24. Loading.

"Loading" means the flow of ammonia from a container, such as a tank car or cargo tank, into a fixed storage tank.

Subp. 25. National Board Inspection Code.

"National Board Inspection Code" refers to the manual published by the National Board of Boiler and Pressure Vessel Inspectors which provides the rules and guidelines for inspection by a commissioned inspector of the repair, alteration, and rerating of ASME code containers after being placed into service.

Subp. 26. Permanent storage installation.

"Permanent storage installation" means a system employing a stationary, fixed, container used exclusively for storage or supply.

Subp. 27. Positive pressure self-contained breathing apparatus.

"Positive pressure self-contained breathing apparatus" means a full face piece respirator approved by NIOSH/MSHA for respiratory protection for both entry into or escape from oxygen-deficient atmospheres or concentration of gases, or vapors which are immediately dangerous to life or health where the supply of air is carried by the wearer. The air pressure inside the face piece is positive in relation to the air pressure of the outside atmosphere during exhalation and inhalation.

Subp. 28. Pressure relief valve.

"Pressure relief valve" means a device designed to open to prevent an increase in internal fluid pressure in excess of a specified value due to an emergency or abnormal condition, and to close and prevent further flow after normal conditions have been restored.

Subp. 29. Psig and psia.

"Psig" and "psia" refer to pounds per square inch gauge and pounds per square inch absolute, respectively.

Subp. 30. Repair.

"Repair" means the work necessary to restore a container or system to a safe and satisfactory operating condition, provided that in all cases the container or system design must continue to comply with this chapter or the standard in effect at the time of installation. In addition, the original design of the container or system must not be altered by the repair. Repair of a pressure container must be performed in compliance with the applicable provisions of the current edition of the National Board Inspection Code and must conform to the ASME code section and edition to which the container was constructed. Welding repair of piping must be done by a welder certified in accordance with the ASME code, Section IX, "Welding Qualifications."

Subp. 31. Short-term exposure limit or STEL.

"Short-term exposure limit" or "STEL" means a 15-minute time-weighted average exposure to an air contaminant which should not be exceeded at any time during a work day and which should not be repeated more than four times a day. Exposures at the short-term exposure limit should not occur at less than 60-minute intervals.

Subp. 32. System.

"System" refers to an assembly of equipment consisting of the container or containers, hoses, appurtenances, pumps, compressors, and the ammonia storage connector.

Subp. 33. Transfer, fill, and charge.

"Transfer," "fill," and "charge" may be used interchangeably and mean movement of a quantity of ammonia from one container to another container or cylinder, as contrasted to feeding ammonia to a use or application device.

Subp. 34. Unloading.

"Unloading" means the flow of ammonia from a fixed storage tank into another container, such as a cargo tank or a nurse tank.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0040 Safety

Subpart 1. Training.

A person required to store, handle, transfer, transport, or otherwise work with ammonia must be trained, in accordance with Code of Federal Regulations, title 29, parts 1900-1910, to understand the properties of ammonia, to become competent in safe operating practices, and to take appropriate actions in the event of a leak or an emergency.

Subp. 2. Protective gear.

A person making, breaking, or testing an ammonia connection, transferring ammonia, or performing maintenance or repair on an ammonia system under pressure, must wear protective gloves and chemical splash goggles. A full face shield may be worn over the goggles. However, a face shield may not be worn as a substitute for goggles.

Subp. 3. Permanent storage installations.

Permanent storage installations must have on hand, as a minimum, the equipment listed in items A to F.

A. Two full face gas masks, each with one spare ammonia canister in a readily accessible location for use in ammonia concentrations less than those that pose an IDLH.

B. One pair of protective gauntlet-style gloves of sufficient length to allow for cuffing that are impervious to ammonia.

C. One pair of protective boots impervious to ammonia.

D. One protective slicker or protective pants and jacket, all impervious to ammonia.

E. An easily accessible emergency shower and a plumbed eye wash unit or in lieu of these, at least 150 gallons of clean water in an open top container.

F. Chemical splash goggles or chemical splash goggles with full face shield to be worn over the goggles.

Subp. 4. Cargo tanks.

A cargo tank transporting ammonia, except an implement of husbandry, must carry the equipment listed in items A to D.

A. For first aid purposes, at least five gallons (20 liters) of clean water in a container designed to provide ready access to the water for flushing any area of the body contacted by ammonia.

B. One pair of protective gauntlet style gloves impervious to ammonia.

C. A full face piece gas mask with an ammonia canister and at least one spare canister.

D. Chemical splash goggles, or chemical splash goggles with a full face shield to be worn over the goggles.

Subp. 5. Cylinder and DOT portable tank installations.

At ammonia installations comprising cylinders and DOT portable tanks, the employer shall provide ready access to a supply of clean, running water for emergency use, including provision for flushing of the eyes by an employee in the event of contact with ammonia, or a self-contained eye wash unit with clean water.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0100 Applicability

Parts 1513.0100 to 1513.0230 apply to this chapter unless otherwise noted.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0110 Existing Equipment and Systems

Subpart 1. Containers.

Part 1513.0120 does not prohibit the continued use or reinstallation of containers constructed and maintained in accordance with, or exceeding the requirements of, the 1949, 1950, 1952, 1956, 1959, 1965, 1968, 1971, 1974, 1977, 1980, 1983, 1986, 1989, 1992, and 1995 editions of the ASME code, or any revisions in effect at the time of fabrication.

Subp. 2. Systems and components.

Systems and components that were fabricated, installed, and maintained in accordance with the American National Standard K61.1, Safety Requirements for the Storage and Handling of Anhydrous Ammonia and Ammonia Solutions--Part 1 Anhydrous Ammonia, or The Agricultural Nitrogen Institute, Standard M-1, Standard for Storage and Handling of Agricultural Ammonia, in effect at the time of installation, are acceptable for continued use.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0120 New Construction, Repairs, Alterations, and Original Test of Containers, Other Than Refrigerated Storage Tanks

Subpart 1. Construction and testing.

Containers used with systems covered in parts 1513.0300 to 1513.0380, 1513.0700 to 1513.0830, and 1513.1000 to 1513.1070 must be made of steel or other material compatible with ammonia, and tested in accordance with the current ASME code. An exception to the ASME code requirements is that construction under Table UW 12 at a basic joint efficiency of under 80 percent is not authorized.

Subp. 2. Additional requirements.

Containers designed and constructed in accordance with the ASME code, other than refrigerated storage containers, shall comply with the additional requirements in items A to C.

A. The entire container must be post weld heat treated after completion of all welds in or to the shells and heads. The method employed must be as prescribed in the ASME code, except that provisions for extended time at lower temperature for post weld heat treatment are not permitted. Implements of husbandry do not require post weld heat treatment if they are fabricated with hot formed heads or with cold formed heads that have been stress relieved.

B. Welded attachments to pads may be made after post weld heat treatment.

C. Steels used in fabricating pressure containing parts of a container must not exceed a specified tensile strength of 70,000 psi (does not apply to parts 1513.0600 to 1513.0640, 1513.0700 to 1513.0830 and 1513.0900 to 1513.0930), except implements of husbandry may be fabricated from steel having a specified tensile strength of 75,000 psi.

Subp. 3. Inspectors.

All containers, except refrigerated storage tanks with a design pressure of 15 psig and less, and cylinders and containers covered in parts 1513.0600 to 1513.0710 must be inspected by a person who holds a valid National Board commission as a commissioned inspector or as an owner-user inspector as defined in the National Board Inspection Code.

Subp. 4. Certified welder.

Welding for the repair or alteration of a pressure container must be performed in compliance with the applicable provisions of the current edition of the National Board Inspection Code. All repair or alteration must conform to the ASME code section and edition to which the container was constructed.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0130 Location of Containers

Subpart 1. Site selection considerations.

The location for a storage container must be selected considering the potential physiological and environmental effects of ammonia on the surroundings adjacent to the proposed site. Containers must be located outside of buildings except in buildings or sections of buildings especially approved for the purpose.

Subp. 2. Distance from potable water source.

Storage containers installed after September 3, 1996, must be located at least 50 feet from a dug well or other source of potable water, unless the container is a part of a water treatment installation.

Subp. 3. Distance from other property and dwellings.

Containers installed after September 3, 1996, must be located in accordance with the following:

A. Containers with a nominal capacity of 100,000 gallons or less may not be located less than 50 feet from the line of adjoining property or from the near side of a public roadway or mainline of railroad; and 400 feet from the nearest occupied dwelling or dwelling intended to be occupied, place of public assembly, or confined resident institution.

B. Containers with a nominal capacity of greater than 100,000 gallons may not be located less than 50 feet from the line of adjoining property, from the near side of a public roadway or mainline of railroad; and 1,000 feet from the nearest occupied dwelling or dwelling intended to be occupied, place of public assembly, or confined resident institution.

Subp. 4. Emergency accessibility.

Container storage areas must be accessible to emergency vehicles and personnel.

Subp. 5. Clear areas.

Areas within ten feet of a storage container must be maintained clear of dry grass and weeds and other combustible materials and materials not required for the operation of the system.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0140 Markings of Nonrefrigerated Containers and Systems Other Than Dot Containers

Subpart 1. Nameplates.

Each system nameplate must be made of a noncorroding metal permanently attached to the system and located so as to be readily accessible for inspection. Nameplates must be maintained in legible condition and include markings as prescribed in subpart 2.

Subp. 2. Information required.

Each container or system covered in parts 1513.0300 to 1513.0380 and 1513.0700 to 1513.0930, except "ton containers" and "cylinders," and parts 1513.1000 to 1513.1070 must be marked as specified by paragraphs UG-116 and UG-118(b) of the ASME code or as follows:

A. with an identification number issued by the commissioner;

B. with the certification date;

C. with the maximum allowable working pressure;

D. with the wall thickness of the container shell and heads in inches or millimeters; and

E. with the water capacity of the container in pounds or kilograms, or United States standard gallons or cubic meters (m3) at 60 degrees Fahrenheit (15.6 degrees centigrade). Items A to E must be determined and documented, on forms provided by the commissioner, by a company that holds a valid R-stamp, in compliance with the current edition of the National Board Inspection Code. Storage containers installed prior to September 3, 1996, are not required to be renameplated. If needed, nurse tanks and applicator tanks must be renameplated by September 3, 1998.

Subp. 3. Liquid level gauge.

Each container or system covered in parts 1513.0300 to 1513.0380 and 1513.0700 to 1513.0930, except cylinders, and parts 1513.1000 to 1513.1070 must be fitted with a liquid level gauge indicating the maximum level to which the container may be filled with liquid anhydrous ammonia at temperatures between 20 degrees Fahrenheit and 100 degrees Fahrenheit, except on containers provided with fixed maximum level indicators, such as fixed length dip tubes or containers that are filled by weight. Marks must be in increments of not more than 20 degrees Fahrenheit. Part 1513.0190, subpart 3, contains requirements for thermometer wells and thermometers.

Subp. 4. Container openings.

All nonrefrigerated system openings and appurtenances except for pressure relief valves, pressure indicating devices, thermometer wells, or liquid level indicators must be marked, stenciled, tagged, or decaled to indicate whether the opening is in contact with the liquid or vapor phase when the container is filled to the maximum allowable filling density. If paint is used to identify the phases, liquid must be orange and vapor yellow. The valves and lines must be painted to within three feet, except for hose, of the system openings.

History

Statutory Authority: MS s 14.3895; 18C.121
History: 21 SR 277; 41 SR 799

Minn. R. 1513.0150 Container Appurtenances

Subpart 1. Approval.

All appurtenances of each system must be approved in accordance with part 1513.0030, subpart 4.

Subp. 2. Materials and design.

All appurtenances must be designed for not less than the maximum working pressure of that portion of the system on which they are installed. All appurtenances must be fabricated from materials proved suitable for anhydrous ammonia service.

Subp. 3. Shut-off valves.

All connections to containers except those for pressure relief devices, thermometer wells, liquid level gauging devices, or those fitted with a No. 54 (0.055 inch) drill size orifice, or those plugged, must have shut-off valves located as close to the container as practical, with the valve installed so that the product in the tank is under the disc holder when the valve is closed. The shut-off valves at the risers must also be installed so that the product in the piping is under the disc holder when the valve is closed. Any other shut-off valves in the piping may be installed either direction, unless the manufacturer specifies otherwise.

Subp. 4. Excess flow valves.

Excess flow valves must close automatically at the rated flows of vapor or liquid as specified by the manufacturer. The connections and line, including valves and fittings being protected by an excess flow valve, must have a greater capacity than the rated flow of the excess flow valve.

Subp. 5. Exceptions.

A. Liquid level gauging devices that require bleeding of the product to the atmosphere, and which are so constructed that outward flow will not exceed that passed by a No. 54 (0.055 inch) drill size opening, need not be equipped with excess flow valves.

B. An opening in a container to which a pressure gauge connection is made need not be equipped with an excess flow valve, if such an opening is not larger than No. 54 (0.055 inch) drill size.

Subp. 6. Installation.

If an excess flow or back pressure check valve is required by this part, it must be installed directly in the container opening or at a point outside as close as practicable to where the line enters the container. In the latter case the installation must be made in such a manner that any undue strain beyond the excess flow or back pressure check valve will not cause breakage between the container and the valve.

Subp. 7. By-pass.

An excess flow valve must be designed with a by-pass, not to exceed a No. 60 (0.040 inch) drill size opening, to allow equalization of pressures.

Subp. 8. Integral excess flow valve.

A shut-off valve with an integral excess flow valve must be designed for proper installation in a container opening so that the excess flow valve will close in the event that the valve body, extending above the coupling, is sheared or broken off.

Subp. 9. Markings.

An excess flow valve must be plainly and permanently marked with the name or trademark of the manufacturer, the catalog number, and the rated capacity.

Subp. 10. Positive shut-off valve.

Each liquid filling connection on nonrefrigerated containers must have a positive shut-off valve in conjunction with either a back-pressure check valve or an excess flow valve. Vapor connections on nonrefrigerated containers must have a positive shut-off valve together with an excess flow valve. The back-pressure check valves or excess flow valves must be installed in the facility prior to the positive shut-off valves.

Subp. 11. Quick opening valves.

Quick opening (1/4 turn) valves must not be used on transfer lines.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0160 Piping, Tubing, and Fittings

Subpart 1. Material and design.

Piping, tubing, and fittings must be made of steel or other material suitable for anhydrous ammonia service and must be designed for a pressure not less than the maximum pressure to which they may be subjected in service.

Subp. 2. Standards.

Piping must be supported in accordance with good piping practices and provisions must be made as necessary for expansion, contraction, impact, vibration, and settling. Piping must conform to ANSI/ASME B31.3, American National Standard for Chemical Plant and Petroleum Refinery Piping, except ANSI/ASME B31.5, American National Standard for Refrigeration Piping, may be used for refrigeration piping systems within its scope.

Subp. 3. Pipe connections.

Piping used on nonrefrigerated systems must be at least ASTM A-53 Grade B seamless or Electric Resistance Welded Pipe. Pipe joints must be threaded, welded, or flanged. Pipe must be at least Schedule 40 when joints are welded, or welded and flanged. Pipe must be at least schedule 80 when joints are threaded. Brass, copper, or galvanized steel pipe or tubing may not be used. Threaded nipples must be seamless. Welding must be done by a welder certified in accordance with the ASME code, Section IX, "Welding Qualifications." Tubing joints must be flareless or compression type fittings complying with ANSI/SAE J513f, ANSI/ASME B31.3, or ANSI/ASME 31.5.

Subp. 4. Minimum working pressure.

All metal flexible connections for permanent nonrefrigerated installations shall have a minimum working pressure of 250 psig (safety factor of four).

Subp. 5. Materials for fittings and valves.

Cast iron fittings may not be used. Those parts of valves which are subjected to gas pressure must be made of steel, ductile (nodular) iron, or malleable iron. Valves in this case include shut-off valves, excess flow valves, back check valves, emergency shut-off valves, and remotely controlled valves. Ductile iron must meet the requirements of ANSI/ASTM A395 and malleable iron the requirements of ANSI/ASTM A47.

Subp. 6. Protection from damage.

Adequate provisions must be made to protect all exposed piping from physical damage that might result from impact by moving machinery, automobiles, trucks, or any other equipment at the facility.

Subp. 7. Joint compounds.

Joint compounds must be resistant to ammonia at the maximum pressure and temperature to which they may be subjected in service.

Subp. 8. Testing.

After assembly, all piping, hose, and tubing must be tested and proved to be free from leaks at a pressure not less than the normal operating pressure of the system.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0170 Hose Specifications

Subpart 1. Standards.

Hose used in ammonia service and subject to container pressure must conform to the American National Standard RMA IP-14, Specifications for Anhydrous Ammonia Hose.

Subp. 2. Pressures.

Hose subject to container pressure must be designed for a minimum working pressure of 350 psig and a minimum burst pressure of 1,750 psig. Hose assemblies, when made up, must be capable of withstanding a test pressure of 500 psig.

Subp. 3. Design of hoses and connections.

Hose and hose connections located on the low pressure side of flow control, or pressure reducing valves on devices discharging to atmospheric pressure, must be designed for the maximum low side working pressure. All connections must be designed, constructed, and installed so that there will be no leakage when connected. Shut-off valves on the end of liquid and vapor transfer hoses must be equipped with bleed valves to enable the operator to bleed off pressure before disconnecting the hoses.

Subp. 4. Transfer hose.

If a transfer hose is not drained of ammonia upon completion of transfer operations, the hose must be equipped with an approved shut-off valve at the discharge end. Provision must be made to prevent excessive hydrostatic pressure in the hose under part 1513.0180, subpart 11.

Subp. 5. Information on hose.

All hose that is one-half inch outside diameter or larger and that is used in ammonia service and subject to container pressure, must have etched, cast, or impressed at five foot intervals on the outer hose cover the following information:

A. anhydrous ammonia;

B. XXX psig (maximum working pressure);

C. manufacturer's name or trademark; and

D. year of manufacture or expiration.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0180 Pressure Relief Devices

Subpart 1. Standards.

Every container used in systems covered by parts 1513.0300 to 1513.0380 and 1513.1000 to 1513.1070 must be provided with one or more pressure relief valves of the spring-loaded type conforming with the applicable requirements of UL 132, Standard on Safety Relief Valves for Anhydrous Ammonia and LP-Gas.

Subp. 2. Direct contact with vapor space.

Pressure relief valves with a rating not greater than the designed working pressure of the container or appurtenances must be in direct contact with the vapor space of the container.

Subp. 3. Discharge.

The discharge from pressure relief valves must be vented away from the container, upward and unobstructed to the atmosphere. Pressure relief valves shall not be painted or contain other foreign substances. All pressure relief valve discharge openings shall have rain caps that will allow free discharge of the vapor and prevent the entrance of water. Provision must be made for draining condensate which may accumulate. The rate of the discharge must be in accordance with part 1513.1100.

Subp. 4. Start to discharge.

Container pressure relief valves with relation to the design pressure of the container must be set to start to discharge as follows:

Subp. 5. Discharge rates.

Pressure relief valves used on containers covered by parts 1513.0300 to 1513.0380 and 1513.1000 to 1513.1070 shall be constructed to discharge at not less than the rates required in subpart 3 before the pressure is in excess of 120 percent (not including the ten percent tolerance referred to in subpart 4) of the maximum permitted start to discharge pressure setting of the device.

Subp. 6. Tampering.

Pressure relief valves must be so arranged that the possibility of tampering will be minimized. If the pressure setting adjustment is external, the relief valves must be provided with means for sealing the adjustment.

Subp. 7. Shut-off valve locations.

Shut-off valves must not be installed between the pressure relief valves and the containers or systems covered by parts 1513.0300 to 1513.0380 and 1513.1000 to 1513.1070 except that a shut-off valve may be used where the arrangement of the shut-off valve is such as always to afford the full capacity flow specified in subpart 3 through a nonisolated pressure relief valve which must remain operative.

Subp. 8. Marking.

Each pressure relief valve used with systems covered by parts 1513.0300 to 1513.0380 and 1513.1000 to 1513.1070 must be plainly and permanently marked as follows:

A. with the letters "AA" or the symbol "NH3";

B. the pressure in pounds per square inch gauge at which the valve is set to start to discharge;

C. the rate of discharge of the valve in cubic feet per minute of air at 60 degrees Fahrenheit and atmospheric pressure; and

D. the manufacturer's name and catalog number.

Subp. 9. Restriction of flow capacity.

The flow capacity of the pressure relief valve must not be restricted by any connection to it on either the upstream or downstream side.

Subp. 10. Data; testing.

The manufacturer or supplier of a pressure relief valve manifold must publish complete data showing the flow rating through the combined assembly of the manifold with pressure relief valves installed. The manifold flow rating must be determined by testing the manifold with all but one valve discharging. If one or more openings have restrictions not present in the remaining openings, the restricted opening or openings, or those having the lowest flow, must be used to establish the flow rate marked on the manifold nameplate. The marking must be in accordance with subpart 8 for individual valves.

Subp. 11. Hydrostatic relief valve.

A hydrostatic relief valve or equivalent, with a rating of 350-400 psig, must be installed in each section of piping, including hose, in which liquid ammonia can be isolated between shut-off valves to relieve the pressure which could develop from the trapped liquid. In no case may the hydrostatic relief valve or equivalent setting exceed system design pressure.

Subp. 12. Discharge opening.

The discharge opening from any pressure relief valve may not terminate inside any building or below the highest roof line of a building.

Subp. 13. Periodic inspection.

A pressure relief device must be subject to a periodic visual external inspection by the facility operator to determine that it:

A. is free of evidence of tampering, damage, corrosion, or foreign matter that might prevent proper operation;

B. is free of leakage when subject to pressures below the minimum allowable start to discharge setting;

C. has a properly secured rain cap or other device to avoid entry of moisture or other matter into the relief valve outlet; and

D. has an open weep hole to permit moisture to escape.

Subp. 14. Replacement.

No nonrefrigerated container pressure relief valve may be used over five years after the date of installation of the pressure relief device. Records must be maintained which identify each container and indicate the date of installation for each container pressure relief device.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0190 Filling Densities

Subpart 1. Nonrefrigerated containers.

The maximum filling densities for nonrefrigerated containers are:

This corresponds to 82 percent by volume at minus 28 degrees Fahrenheit, 85 percent by volume at 5 degrees Fahrenheit, 87.5 percent by volume at 30 degrees Fahrenheit, and 90.6 percent by volume at 60 degrees Fahrenheit.

Subp. 2. Refrigerated storage tanks.

The filling density for refrigerated storage tanks must be such that the tanks will not be liquid full at a liquid temperature corresponding to the vapor pressure at the start to discharge pressure setting of the pressure relief valve.

Subp. 3. Required thermometers and wells.

If containers are to be filled according to liquid level by any gauging method other than a fixed length dip tube gauge, each container must have a thermometer well and thermometer so that the internal liquid temperature can be easily determined and the amount of liquid and vapor in the container corrected to a 60 degrees Fahrenheit basis.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0200 Transfer of Liquids

Subpart 1. Construction materials.

Anhydrous ammonia must always be at a temperature suitable for the material of construction and design of the receiving containers. Construction materials must be in accordance with Appendix R of API Standard 620, Recommended Rules for Design and Construction of Large Welded Low-Pressure Storage Tanks, for materials for low temperature service.

Subp. 2. Operator.

At least one qualified operator experienced in transfer procedures and trained in accordance with Code of Federal Regulations, title 29, parts 1900-1910, shall monitor the transfer of ammonia from the time the transfer connections are first made until they are finally disconnected. The monitoring may be performed by a person on site, from a remote location, or by electronic means. Capability must be provided to halt the transfer in the event of an emergency.

Subp. 3. Unloading cargo tanks and tank cars.

Cargo tanks and tank cars must not be unloaded with gas pressure other than from an ammonia source and must not be unloaded from any location other than a permanent storage location permitted according to Minnesota Statutes, section 18C.305.

Subp. 4. Owner's authorization.

Containers and cylinders must be filled or used only upon the owner's authorization.

Subp. 5. Gauging and charging.

Containers and cylinders must be gauged and charged only in the open atmosphere or in buildings provided for that purpose.

Subp. 6. Pumps.

Pumps used for transferring ammonia must be recommended and labeled for ammonia service by the manufacturer.

A. Positive displacement pumps must be equipped with a pressure actuated by-pass valve on the discharge side of the pump. This valve must operate to limit the pressure developed by the pump to the maximum for which the pump is rated. Piping sized to carry the full capacity of the pump at the actuation pressure of this valve must connect the discharge of this valve with the container from which ammonia is being pumped. If this line is capable of being closed off by a valve, an additional by-pass device must be incorporated in the pump to by-pass back to the suction port. The pressure actuated by-pass valve and the return piping must be installed and operate according to the pump manufacturer's recommendations.

B. On the discharge side of the pump, before the by-pass valve line, a pressure gauge graduated from 0 to 400 psig must be installed.

C. Plant piping must contain shut-off valves located as close as practical to pump connections.

Subp. 7. Compressors.

Compressors used for transferring or refrigerating ammonia must be suitable for ammonia service.

A. Compressors, except those used for refrigeration, must be designed for at least 250 psig working pressure. Crank cases of compressors not designed to withstand system pressure must be protected with a suitable pressure relief valve.

B. Plant piping must contain shut-off valves located as close as practical to compressor connections.

C. A pressure relief valve large enough to discharge the full capacity of the compressor must be connected to both sides before any shut-off valve.

D. Compressors must have pressure gauges at both the suction and discharge sides graduated from 0-400 psig.

E. Adequate means, such as a drainable liquid trap, must be provided on the compressor suction to minimize the entry of liquid into the compressor.

F. Where necessary to prevent contamination, an oil separator must be provided on the discharge side of the compressor.

Subp. 8. Protection of lines.

Loading lines on nonrefrigerated containers must be protected by a backflow check valve or other suitable protection for liquid and an excess flow valve or other suitable protection for vapor. Unloading lines on nonrefrigerated containers must be protected by excess flow valves or other suitable protection. Piping must be sized so as not to restrict flow rates to the extent that protective devices will not function. The backflow check valves, excess flow valves, or equivalent protection must be installed in the facility piping so that any break will occur on the side of the hose or swivel connection.

Stationary storage installations must have approved automatically operated emergency shut-off valves, weakness or shear fittings, or other suitable protection installed in the fixed piping of the transfer system prior to where the hose or swivel piping is attached to the fixed piping. This requirement does not apply to the liquid barge, truck, and tank car loading or unloading lines, or a line feeding a fixed process system. Emergency shut-off valves must remain closed when the facility is not in use. The emergency shut-off valves, weakness or shear fittings, or equivalent protection must be installed in the facility piping so that any break will occur on the side of the hose or swivel connection. This must be completed by September 3, 1998.

Subp. 9. Meters.

Meters used for the measurement of liquid anhydrous ammonia for retail sale must be recommended and labeled for ammonia service by the manufacturer.

A. Liquid meters must be designed for minimum working pressure of 250 psig.

B. The metering system must incorporate devices that will prevent the inadvertent measurement of vapor.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0210 Liquid Level Gauging Devices

Subpart 1. Required.

A container must be equipped with a liquid level gauging device designed for use with ammonia.

Subp. 2. Arrangement.

A gauging device must be arranged so that the maximum liquid level to which the container is filled is readily determined and be installed according to part 1513.0140, subpart 3.

Subp. 3. Gauging devices requiring bleeding.

Except as provided in parts 1513.1000 to 1513.1070, gauging devices that require bleeding of the product to the atmosphere such as rotary tube, fixed tube, and slip tube devices, must be designed so that the maximum opening of the bleed valve is not larger than No. 54 (0.055 inch) drill size unless provided with an excess flow valve.

Subp. 4. Design pressure.

Gauging devices must have a design pressure equal to or greater than the design pressure of the container on which they are installed.

Subp. 5. Fixed maximum liquid level gauges.

Fixed maximum liquid level gauges must be designed and installed to indicate a volumetric level not to exceed 85 percent of the container's water capacity. This does not apply to refrigerated storage.

Subp. 6. Columnar gauge glasses.

Gauge glasses of the columnar type are restricted to stationary nonrefrigerated storage installations. They must be equipped with shut-off valves having metallic hand wheels, with excess flow valves, and with extra heavy glass adequately protected with a metal housing applied by the gauge manufacturer. They must be shielded against the direct rays of the sun.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0220 Painting of Containers

Aboveground uninsulated containers must have a reflective surface maintained in good condition. White is recommended for painted surfaces, but other colors having similar reflecting characteristics are acceptable.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0230 Electrical Equipment and Wiring

Subpart 1. Ammonia installations.

Electrical equipment and wiring for use in ammonia installations must be general purpose or weather resistant as appropriate.

Subp. 2. High concentrations of ammonia.

Where concentrations of ammonia in air in excess of 16 percent by volume are likely to be encountered, electrical equipment and wiring must be installed to comply with the requirements for use in hazardous locations, Class I, Group D, of NFPA 70, National Electrical Code, Articles 500 and 501.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0300 Applicability

Parts 1513.0300 to 1513.0380 apply to stationary, pier-mounted, skid-mounted, aboveground or underground, nonrefrigerated storage installations using containers other than those constructed in accordance with United States Department of Transportation specifications. All basic rules of parts 1513.0100 to 1513.0230 apply to parts 1513.0300 to 1513.0380 unless otherwise noted.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0310 Design Pressure and Construction of Containers

The minimum design pressure for nonrefrigerated containers is 250 psig or in accordance with part 1513.0110, subpart 2.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0320 Container Valves, Accessories, and Discharge Connections

Subpart 1. Excess flow valves.

All vapor and liquid connections, except for pressure relief valves and those specifically exempted in part 1513.0150, subparts 5 and 6, must be equipped with approved excess flow valves. Back-pressure check valves are acceptable in container filling connections. Alternatively, vapor and liquid connections covered by this subpart may be fitted with quick-closing internal valves which, except during operating periods, shall remain closed. If internal valves are not practical, external quick-closing valves may be used according to part 1513.0150, subpart 6, and with appropriate protection as required in part 1513.0370.

Subp. 2. Pressure gauge.

Each storage container must be provided with a pressure gauge graduated from 0 to 400 psig. Gauges must be designated for use in ammonia service.

Subp. 3. Vapor equalizing connection.

All containers must be equipped with a vapor equalizing connection.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0330 Pressure Relief Devices

Subpart 1. Required valves.

A container must be provided with one or more pressure relief valves of spring-loaded or equivalent type which comply with items A to C.

A. Relief valves must be installed in a manifold so that they can be replaced while the container remains pressurized.

B. The discharge from pressure relief valves must be vented away from the container, upward and unobstructed to the open air to an area such that persons, property, and the environment will not be harmed. Vent pipes must not be restrictive or smaller in size than the pressure relief valve outlet connection. All pressure relief valves must have rain caps that will allow free discharge of the vapor and prevent the entrance of water. Provision must be made for draining condensate which may accumulate.

C. Noncorrosive vent pipes from two or more pressure relief devices located on the same unit, or similar lines from one or more different units, may be run into a common header, provided the cross-sectional area of the header is at least equal to the sum of the cross-sectional areas of the individual vent pipes.

Subp. 2. Rate of discharge.

The rate of discharge of spring-loaded pressure relief valves installed on underground containers may be reduced by not more than 30 percent of the rate of discharge specified in part 1513.1100. Containers so protected must not be uncovered after installation until the liquid ammonia has been removed. Containers which may contain liquid ammonia before being installed underground, and before being completely covered with earth, are to be considered aboveground containers when determining the rate of discharge requirements of the pressure relief valves.

Subp. 3. Discharge from underground installations.

On underground installations where there is a probability of the manhole or housing becoming flooded, the discharge from vent lines must be located above the high water level. Manholes or housings must be provided with ventilated louvers or their equivalent, the area of such openings equaling or exceeding the combined discharge areas of the pressure relief valves and vent lines which discharge their content into the manhole housing.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0340 Installation of Storage Containers

Subpart 1. Footings, foundations, and supports.

Containers installed aboveground must be provided with reinforced concrete footings and foundations or structural steel supports mounted on reinforced concrete foundations. In either case, the reinforced concrete foundations or footing must extend below the established frost line and be of sufficient width and thickness to support the total weight of the containers and contents adequately. The foundation must maintain the lowest point of the tank not less than 18 inches above the ground. Floating type foundations must also be acceptable if the foundations are designed to adequately support the tank, contents, and piping according to part 1513.0160.

Subp. 2. Horizontal aboveground containers.

Horizontal aboveground containers must be mounted on foundations so as to permit expansion and contractions. A container must be supported to prevent the concentration of excessive loads. The bearing afforded by the saddles must extend over at least one-third of the circumference of the shell. Suitable means for preventing corrosion must be provided on that portion of the container in contact with the foundations or saddles.

Subp. 3. Buried containers.

Containers buried underground must be placed so that the top of the container is at least one foot below the surface. It is not necessary to cover the portion of the container to which a manhole and other connections are affixed. If necessary to prevent floating, containers must be securely anchored or weighted.

Subp. 4. Corrosion resistance.

As a minimum, an underground container must be set on firm earth or another firm foundation, and must be surrounded by at least six inches of noncorrosive, inert materials, such as soft earth, sand, or gravel well compacted into place. As a further means of resisting corrosion, the container and its piping, prior to placement in the ground, must be provided with the following:

A. a suitable protective coating applied after proper surface preparation according to the coating manufacturer's recommendations;

B. cathodic protection; and

C. electrical isolation of the container from ancillary equipment. Corrosion-resistant materials of construction may be used as an option. A coated container must be lowered into place in a manner to prevent abrasion or damage to the coating.

Subp. 5. Separation.

The horizontal distance between aboveground and underground containers of over 1,200 gallons capacity must be at least five feet.

Subp. 6. Protection against flotation.

Secure anchorage or adequate pier height must be provided against container flotation wherever sufficiently high flood water might occur.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0350 Reinstallation of Containers

Subpart 1. Testing.

Containers, once installed underground shall not later be reinstalled aboveground or underground, unless they successfully withstand hydrostatic pressure retests at the pressure specified for the original hydrostatic test as required by the ASME code under which the tank was constructed, and show no evidence of serious corrosion.

Subp. 2. Coating; valves.

If a container is reinstalled underground, the corrosion resistant coating, if used, must be put in good condition, according to part 1513.0340, subpart 4. If a container is reinstalled aboveground, pressure relief devices or gauging devices must comply with parts 1513.0180, 1513.0210, and 1513.0330 as applicable to aboveground containers.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0360 Marking Containers

Each container or group of containers must be marked on at least two sides that are visible with the words, "ANHYDROUS AMMONIA," and "INHALATION HAZARD," in sharply contrasting colors with letters not less than four inches high, or in compliance with DOT regulations. Each container or group of containers must also be marked with the UN identification number for ammonia, 1005, on each side.

Each container must be labeled in a conspicuous manner with the appropriate grade or guaranteed analysis of the contents of the storage container.

Each container or group of containers which is installed underground must have a sign bearing marks and labeling as required in this part located adjacent to the cover described in part 1513.0370.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0370 Protection of Container and Appurtenances

Containers and appurtenances must be located or protected by suitable barriers so as to avoid damage by trucks or other vehicles. Main container shut-off valves and riser hose end valves must be kept closed and locked when the installation is unattended. If the facility is protected against tampering by fencing, valve locks are not required.

All connections to underground containers must be located within a dome, housing, or manhole fitted with a substantial removable cover.

Storage containers need not be electrically grounded.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0380 Identification

A legible sign must be displayed on the premises at which a storage system is located, so as to be readily visible to emergency response personnel, stating the name, address, and telephone number of the nearest representative, agent, or owner of the storage system.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0400 Refrigerated Storage

Parts 1513.0400 to 1513.0500 apply specifically to systems using tanks for the storage of anhydrous ammonia under refrigerated conditions. Parts 1513.0100 to 1513.0230 apply unless otherwise stated.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0410 Design of Tanks

Subpart 1. Economical design.

Tanks may be designed for any storage pressure desired as determined by economical design of the refrigerated system.

Subp. 2. Design temperature.

The design temperature must be the minimum temperature to which the container will be refrigerated and must be so designated.

Subp. 3. Design pressure over 15 psig.

Containers with a design pressure exceeding 15 psig must be constructed according to part 1513.0120 and the material must be selected from those listed in API Standard 620, Recommended Rules for Design and Construction of Large, Welded, Low-Pressure Storage Tanks, Tables 2.02, R.2.2, R.2.3, or R.2.4.

Subp. 4. Design pressure of 15 psig or less.

Tanks with a design pressure of 15 psig and less must be constructed according to the general requirements of API Standard 620, including Appendix R.

Subp. 5. Certain metals.

When austenitic stainless steels or nonferrous metals are used, the ASME code must be used in selection of materials for use at the design temperature.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0420 Installation of Storage Tanks Aboveground

Subpart 1. Foundations.

Tanks must be supported on noncombustible foundations designed to accommodate the type of tank being used.

Subp. 2. Water protection.

Adequate protection against flotation or other water damage must be provided wherever high flood water might occur.

Subp. 3. Freezing protection.

Tanks storing product at less than 32 degrees Fahrenheit must be supported in such a way, or heat must be supplied, to prevent the effects of freezing and subsequent frost heaving of the soil.

Subp. 4. Liquid containment system.

The area surrounding a refrigerated tank or group of tanks must be provided with drainage or must be diked or provided with other secondary containment systems to prevent accidental discharge of liquid from spreading to uncontrolled areas.

Subp. 5. Drainage.

If drainage is employed, a slope of not less than one percent must be provided. The drainage system must terminate in an impounding basin having a capacity as large as the largest tank served.

Subp. 6. Rain water.

Provision must be made for the drainage of rain water from the dike or impounding area. Drainage must be provided with a positive means to stop the flow.

Subp. 7. Dike capacity.

If a dike is employed, the capacity of the diked enclosure must be 110 percent of the capacity of the largest tank served. When computing the volume of the dike, allowance must be made for the volume displaced by all other containers in the diked area.

Subp. 8. Walls.

The walls of a diked enclosure or the wall of an impounding basin used in a drainage system must be of earth, steel, concrete, or other suitable material designed to be liquid tight and to withstand the hydrostatic pressure and temperature. Earth walls must have a flat top at least two feet wide. The slope must be stable and consistent with the angle of repose of the earth used.

Subp. 9. Grading.

The ground in an impounding basin or within a diked enclosure, should be graded so that small spills or the early part of a large spill will accumulate at one side or corner, thereby contacting only a relatively small area of ground and exposing a relatively small area of ground and exposing a relatively small surface area for heat gain. Shallow channels in the ground surface or low curbs of earth can help guide the liquid to these low areas without contacting a large ground area.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0430 Marking Refrigerated Containers

Each refrigerated container must be marked with a nameplate on the outer covering in an accessible place as specified in the following:

A. the name and address of the builder and the date of fabrication;

B. the maximum volume or weight of the product whichever is most meaningful to the user;

C. the design pressure;

D. the minimum temperature in degrees Fahrenheit (°F) or degrees Celsius (°C) for which the container was designed;

E. the maximum allowable water level to which the container may be filled for the test purposes;

F. the density of the product in pounds per cubic foot or kilograms per cubic meter (kg/m3) for which the container was designed; and

G. the maximum level to which the container may be filled with liquid anhydrous ammonia. Each refrigerated container must also be marked on two directly opposite sides at near eye level with the words, "ANHYDROUS AMMONIA," and "INHALATION HAZARD" in sharply contrasting colors with letters not less than four inches high, and the UN identification number for ammonia, 1005, or in compliance with DOT regulations.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0440 Tank Valves, Accessories, Fill Pipes, and Discharge Pipes

Subpart 1. Shut-off valves.

Shut-off valves must be:

A. provided for all connections except those with a No. 54 (0.055 inch) drill size restriction, plugs, pressure relief valves, and thermometer wells; and

B. located as close to the tank as practical.

Subp. 2. Check valve.

A check valve must be installed on the fill connection, if located below the maximum liquid level, and a remotely operated shut-off valve on other connections located below the maximum liquid level according to part 1513.0200, subpart 8.

Subp. 3. Refrigerated containers.

A refrigerated container must be equipped with an approved liquid level gauging device and high liquid level alarm.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0450 Pressure Relief Valves

Subpart 1. Start to discharge pressure; relieving capacity.

The tank must be provided with a system of one or more pressure relief valves which can limit the tank pressure below 115 percent (110 percent if only one pressure relief valve is used) of the design pressure during operational emergency conditions other than fire and below 121 percent of the design pressure during operational emergency conditions that include fire. One of the pressure relief valves must be set to start to discharge at a pressure not in excess of the design pressure of the tank and all other pressure relief valves needed to limit the tank pressure below 115 percent (110 percent if only one pressure relief valve is used) of the design pressure during operational emergency conditions other than fire must be set to discharge at a pressure not in excess of 105 percent of the design pressure. All additional pressure relief valves needed to limit the tank pressure below 121 percent of the design pressure during operational emergency conditions including fire must be set to start to discharge at a pressure not in excess of 110 percent of the design pressure.

Subp. 2. Total relieving capacity.

The pressure relief valves set to discharge below 105 percent of the design pressure of the tank must have a total relieving capacity in excess of the relieving capacity required to handle operating emergency conditions listed in item A. The total relieving capacity of all the pressure relief valves in the system must be the larger requirement of item A or B.

A. Possible refrigeration system upset:

B. Either one of the following formulas for fire exposure:

Subp. 3. Shut-off valves.

Shut-off valves of adequate flow capacity may be provided and used to facilitate inspection and repair of pressure relief valves. If a shut-off valve is provided, it must be arranged so that it can be locked or sealed open and it may not be closed except by an authorized person who must remain there while the valve remains closed and who must again lock or seal the valve open when leaving the station.

Subp. 4. Noncorrosive stacks; discharge lines.

Pressure relief valves must comply with items A and B.

A. If noncorrosive stacks are used, they must be suitably designed to prevent obstruction by rain, snow, ice, or condensate. The outlet size may not be smaller than the nominal size of the pressure relief valve outlet connection.

B. Discharge lines may be used if desired. Multiple pressure relief valves on the same storage unit may be run into a common discharge header. The discharge line and header must be designed to accommodate the maximum flow and back pressure not exceeding ten percent of the design pressure of the storage container. This back pressure must be included in the 120 percent total maximum pressure given in subpart 1. No other container or system may exhaust into this discharge line or header. The vent lines must be installed to prevent accumulation of liquid in the lines.

Subp. 5. Atmospheric storage.

Atmospheric storage must be provided with vacuum breakers of adequate capacity to respond to anticipated rates of liquid withdrawal and to rapid atmospheric changes so as to avoid damage to the container. Ammonia gas may be used to provide a pad.

Subp. 6. Discharge to open air.

Pressure relief valves used to protect other systems at refrigerated storage installations must discharge to the open air.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0460 Protection of Containers and Appurtenances

Refrigerated storage containers and appurtenances must comply with part 1513.0370.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0470 Reinstallation of Containers

Containers of a size to require a field fabrication must, when moved and reinstalled, be reconstructed and reinspected in complete accordance with the original requirements under which they were constructed. The containers must be subjected to a pressure retest, and if rerating is necessary, it must be done in accordance with the applicable pressure of the original requirements.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0480 Refrigeration Load and Equipment

Subpart 1. Computation.

The total refrigeration load must be computed as the sum of the following:

A. load imposed by heat flow into a container caused by the temperature differential between the ambient temperature and the storage temperature;

B. load imposed by heat flow into the tank caused by maximum sun radiation; and

C. maximum load imposed by filling the tank with ammonia warmer than the design storage temperature.

Subp. 2. Multiple storage tanks.

More than one storage tank may be handled by the same refrigeration system.

Subp. 3. Compressors.

Compressors must meet requirements of part 1513.0200, subpart 7.

A. A minimum of two compressors must be provided, either of which is of sufficient size to handle the loads listed in subpart 1, items A and B, except as provided in item C. If more than two compressors are provided, minimum standby equipment equal to the largest normally operating equipment must be installed. Compressors required for subpart 1, item C, may be used as standby equipment for compressors required in subpart 1, items A and B.

B. Compressors must be sized to operate with a suction pressure at least ten percent below the minimum setting of the pressure relief valves on the storage tank and must withstand a suction pressure at least equal to 121 percent of the design pressure of the tank. Discharge pressure is governed by condensing conditions.

C. If facilities are provided to safely dispose of vented vapor to an automatic flare or to a process unit, a single compressor of sufficient size to handle the load listed in subpart 1, items A and B, must be allowed.

Subp. 4. Compressor drives.

Each compressor must have its own drive unit. Any standard drive consistent with good design may be used. An emergency source of power of sufficient capacity to handle the loads listed in subpart 1, items A and B must be provided, unless facilities are provided to safely dispose of vented vapors while the refrigeration system is not operating.

Subp. 5. Automatic control equipment.

Automatic control equipment is governed by items A to D.

A. The refrigeration system must be arranged with controls to govern the compressor operation in accordance with the load as evidenced by the pressure in the containers.

B. An emergency alarm system must be installed to function in the event the pressure in the containers rises to the maximum or falls to the minimum allowable operating pressure.

C. An emergency alarm and shut-off must be located in the condenser system to respond to excess discharge pressure caused by failure of the cooling medium.

D. Automatic controls must be installed in a manner to preclude operation of alternate compressors unless the controls will function with the alternate compressors.

Subp. 6. Separators.

An entrainment separator of suitable size and design pressure must be installed in the compressor suction line. The separator must be equipped with a drain and gauging device. A maximum liquid level control with alarm must be installed.

An oil separator of suitable size must be installed in the compressor discharge line. It must be designed for at least 250 psig and equipped with a gauging device and drain valve. A maximum oil level control with alarm must be installed.

A separator must be equipped with a pressure relief valve if the separator can be isolated with shut-off valves.

Subp. 7. Condensers.

A condenser system may be cooled by air or water or both. The condenser must be designed for at least 250 psig. Provision must be made for purging noncondensibles either manually or automatically. The condenser must be equipped with a pressure relief valve if the condenser can be isolated with shut-off valves.

Subp. 8. Receiver and liquid drain.

A condenser effluent receiver must be provided which is equipped with automatic level controls and valving designed to discharge the liquid ammonia to storage or with a high pressure liquid drain trap of suitable capacity. The receiver must be designed for at least 250 psig operating pressure and equipped with the necessary connections, pressure relief valves, and gauging device.

Subp. 9. Insulation.

Refrigerated containers and pipelines that are insulated must be covered with a material of suitable quality and thickness for the temperatures encountered. Insulation must be supported and protected against the weather. Weatherproofing and insulation must be of a type that will not support flame propagation and will not cause corrosion when wet.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0490 Safety Equipment

Each refrigerated storage installation must have on hand the minimum safety equipment required in part 1513.0040, subpart 3; at least two independently supplied, positive-pressure, self-contained breathing apparatus; and at least two approved encapsulating corrosive chemical suits that are impervious to ammonia and designed to accommodate a self-contained breathing apparatus.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0500 Identification

A legible sign must be displayed on the premises at which a refrigerated storage system is located so as to be readily visible to emergency response personnel stating the name, address, and telephone number of the nearest representative, agent, or owner of the storage system.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0600 Applicability

Parts 1513.0600 to 1513.0640 apply specifically to systems using DOT single unit pressure tank car tanks mounted on railcar structures and used for the rail transportation of ammonia. All containers referred to in this part must be in accordance with DOT regulations.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0610 Design and Construction

Tank car tanks and tank cars must receive approval from the Association of American Railroads Committee on Tank Cars, before being placed into service.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0620 Pressure Relief Valves

Tank cars must be provided with a pressure relief valve.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0630 Marking and Placarding

Subpart 1. General requirement.

Each tank car, whether empty or loaded, must be marked with the proper shipping name, "ANHYDROUS AMMONIA," and "INHALATION HAZARD" in letters at least four inches in height with at least a 5/8-inch stroke. Separation between each letter must be at least 3/4-inch. The markings must be displayed on a background of sharply contrasting color on both sides of the tank car and near the stenciled DOT specification markings. Each tank car must also be marked with the UN identification number, 1005, on each side and each end in a manner prescribed by DOT regulations. Tank cars must be marked in compliance with DOT regulations.

Subp. 2. Transportation of ammonia or residue.

Each tank car transporting ammonia must be provided with placarding in accordance with DOT requirements on each side and each end in accordance with DOT regulations. A tank car transporting a residue of ammonia must be provided with "RESIDUE" placards on each side and each end in accordance with DOT regulations.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0640 Tank Car Loading and Unloading Locations and Operations

Subpart 1. Governing law.

Anhydrous ammonia tank cars must be loaded and unloaded only at locations that are permitted under Minnesota Statutes, section 18C.305, and meet the requirements of parts 1513.0040, subpart 3, and 1513.0200, subparts 1 to 9, item B.

Subp. 2. Level rail track.

Rail track at tank car loading and unloading positions must be essentially level.

Subp. 3. Brakes; blocks.

Brakes must be set and the wheels blocked in both directions on all tank cars being loaded or unloaded.

Subp. 4. Caution signs.

Caution signs must be so placed on the track or car to give warning to persons approaching the car from the open end or ends of the siding. The signs must be of metal at least 12 inches high by 15 inches wide in size, and bear the words, "STOP -- TANK CAR CONNECTED," OR "STOP -- MEN AT WORK," the word, "STOP" being in letters at least four inches high. Other words must be in letters at least two inches high. The letters must be white on blue background. A car so protected must not be coupled or moved. The signs must remain in place until the tank car valves have been closed and the transfer lines have been disconnected.

Subp. 5. Derail.

A standard derail must be properly set and secured in the derailing position between the car being loaded or unloaded and other cars being moved on the same track.

Subp. 6. Purging of tank car.

A tank car used to transport a commodity other than ammonia must be purged completely of the previous commodity before being loaded with ammonia. Markings and placarding must be changed correspondingly.

Subp. 7. Visual inspection.

Before connecting loading lines to a tank car and before releasing a tank car to the carrier, a visual inspection, by personnel trained in accordance with part 1513.0040, subpart 1, for obvious defects must be made to determine:

A. whether the tank car undercarriage, safety appliances (handrails, grab irons, etc.), walk surfaces, ladders, steps, air and hand brake systems, trucks, head shields, and couplers appear to be in a safe condition;

B. if the tank car tank and pressure relief valve periodic retest dates are current;

C. if the tank car tank, or jacket if the tank is insulated, shows evidence of abrasion, dents, gouges, severe corrosion, or other damage; and

D. whether manway bolts and gaskets, external valves, pressure relief valves, gauges, and fittings appear to be in serviceable condition and free of leakage.

Subp. 8. Leakage.

If leakage occurs at any manway, valve, gauge, gasket, or fitting during loading, the loading must stop and the cause of the leak corrected before loading can be resumed. If necessary to effect leak repairs, the tank car must be emptied and repairs made at the loading terminal or qualified repair facility.

Subp. 9. Repairs.

A damaged or defective tank car must be forwarded to a carrier repair track or to a qualified repair shop before it is returned to service. Structural repairs to a tank car, including welding repairs on the tank car tank must be performed only at a repair facility authorized by the Association of American Railroads and by a qualified welder following authorized procedures.

Subp. 10. Private track.

An ammonia tank car must be consigned for delivery and unloaded on a private track. If a private track is unavailable, an ammonia tank car equipped with excess flow valves may be consigned for delivery and unloaded on a carrier track, provided it is unloaded into permanent storage of sufficient capacity to receive the entire contents of the car.

Subp. 11. Securing tank car.

After loading or unloading a tank car, all valves must be closed and transfer lines disconnected. Caps or plugs on tank car sample valves, liquid valves, vapor valves, and gauging device valves must be replaced and made wrench tight. Slip tube gauging devices must be secured and gauge housings screwed in place. Protective housing covers must be secured, pinned, and proper seals put in place when required. Leaks from any source on a tank car must be stopped before a car may be released to the carrier.

Subp. 12. Emergency and rescue equipment.

Each tank car loading and unloading location must have on hand as a minimum, for emergency and rescue purposes, all of the equipment specified in part 1513.0040, subpart 3.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0700 Applicability

Parts 1513.0700 to 1513.0830 apply specifically to systems mounted on trucks, semi-trailers, and trailers (other than those covered under parts 1513.1000 to 1513.1070) used for the transportation of ammonia. Parts 1513.0100 to 1513.0230 apply to trucks, semi-trailers, and trailers unless otherwise noted.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0710 Design Pressure of Containers

Subpart 1. Design and construction.

Containers used in interstate commerce must be designed and constructed according to the ASME code, have a minimum design pressure of 265 psig, and meet other applicable requirements of DOT regulations. Containers designed and constructed in accordance with earlier ASME code editions having a minimum design pressure of 250 psig and meeting conditions prescribed by DOT regulations are authorized for use in intrastate commerce.

Subp. 2. Shell or head thickness.

The shell or head thickness of any container shall not be less than 3/16 inch.

Subp. 3. Labels.

All container openings, except pressure relief valves, liquid level gauging devices, and pressure gauges, shall be labeled to designate whether they communicate with liquid or vapor space when the container is filled to the maximum permitted filling density. Labels must be on or adjacent to the valves closing the openings readily visible.

Subp. 4. Baffles.

Baffles are not required for cargo tanks.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0720 Container Mounting

Subpart 1. Attachment.

The means of attachment of a container to the cradle, frame, or chassis of a vehicle must be designed on a basis of two "g" loading in either direction, using a safety factor of not less than four, based on the ultimate strength of the material used. For the purpose of this requirement, two "g" of load support is equivalent to three times the static weight of the articles supported, and two "g" of loading and bending, acceleration, and torsion is equivalent to twice the static weight support applied horizontally at the road surface.

Subp. 2. Hold-down devices.

Hold-down devices, when used, must anchor the container to the cradle, frame, or chassis in a safe manner that will not introduce undue concentration of stresses. These devices must incorporate positive means for drawing the container down tight, and stops or anchors must be provided to prevent relative movement between container and framing due to stopping, starting, or changes in direction.

Subp. 3. External cradles.

Vehicles designed and constructed so that the cargo tanks constitute in whole or in part the stress member used in lieu of the frame, must be supported by external cradles subtending at least 120 degrees of the shell circumference. The design calculation must include beam stress, shear stress, torsion stress, bending moment, and acceleration stress, in addition to those covered by the code under which the cargo tank was designed.

Subp. 4. Liquid withdrawal line.

If a liquid withdrawal line is installed in the bottom of a container, the connections to it, including the hose, must not be lower than the lowest horizontal edge of the motor vehicle axle.

Subp. 5. Hose ends.

Both ends of a hose must be secured while in transit.

Subp. 6. Friction.

If the cradle and the container are not welded together, material must be used between them to eliminate metal-to-metal friction.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0730 Container Appurtenances

Subpart 1. Physical damage protection.

Nonrecessed container fittings and appurtenances must be protected against physical damage by either:

A. a protected location;

B. the vehicle frame or bumper; or

C. a protective housing. The protection housing, if used, must comply with the requirements under which the containers are fabricated with respect to design and construction, and must be designed to withstand static loadings in any direction equal to twice the weight of the container and attachments when filled with the lading, using a safety factor of not less than four, based on the ultimate strength of the material to be used. The protective housing, if used, must be protected with a weather cover to ensure proper operation of valves and pressure relief devices.

Subp. 2. Container openings.

With the exception of pressure relief valves, liquid level gauges, pressure gauges, and thermometer wells, every opening in a container must be:

A. closed with a plug, cap, bolted flange, or plate;

B. provided with an excess flow valve and manual shut-off valve;

C. provided with a back flow check valve and manual shut-off valve; or

D. provided with a remotely controlled internal shut-off valve as described in subpart 3.

Subp. 3. Discharge openings.

Every liquid or vapor discharge opening in a container must be provided with a remotely controlled internal shut-off valve. For every opening of less than 1-1/4 inches NPT, an excess flow valve with manual shut-off valve may be used instead. The internal shut-off valve may be operated by mechanical means, by hydraulic means, or by air or gas pressure.

A. On a container of 3,500 gallons water capacity or less, each internal shut-off must be provided with at least one remote control station and the actuating means may be mechanical. This station must be at one end of the tank, away from the discharge connection area.

B. On a container over 3,500 gallons water capacity, each internal shut-off valve must be provided with remote means of closure, both mechanical and thermal, that are installed at the ends of the tank in at least two, diagonally opposite locations. If the discharge connection at the tank is not in the general vicinity of one of the two locations specified above, one additional fusible element must be installed so that heat from a fire in that area will activate the emergency control system. Fusible elements may not have a melting point exceeding 250 degrees Fahrenheit.

Subp. 4. Exception.

The requirements of subpart 3 do not apply to a 1-1/4 inch NPT liquid or vapor discharge opening equipped with an excess flow valve and manually operated shut-off valve installed before October 1, 1984.

Subp. 5. Vapor equalizing valve.

A container must be equipped with an approved vapor equalizing valve of adequate capacity.

Subp. 6. Liquid level gauge.

A container must be equipped with a fixed maximum liquid level gauge.

Subp. 7. Pressure gauge.

A container must be equipped with a pressure gauge having a dial graduated from 0-400 psig.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0740 Piping, Tubing, Fittings, and Hose

Subpart 1. Mounting; protection.

All piping, tubing, and fittings shall be securely mounted and protected against physical damage.

Subp. 2. Truck unloading line.

The truck unloading line must be provided with an excess flow valve at the hose connection unless an approved quick closing internal valve is provided in the container unloading connection according to part 1513.0730, subpart 2.

Subp. 3. Liquid propane hose.

Liquid propane hose must not be used for ammonia service according to part 1513.0170.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0750 Pressure Relief Valves

The discharge from container pressure relief valves must be vented away from the container upward and unobstructed to the open air in a manner to prevent any impingement of escaping gas upon the container. Loose fitting rain caps must be used to prevent moisture or foreign material from entering the relief valve outlet. The size of discharge lines from pressure relief valves may not be smaller than the nominal size of the pressure relief valve outlet connection. Provision must be made for draining condensate which may accumulate in the discharge pipe.

Pressure relief device equipment used on DOT containers must be inspected, repaired, or replaced according to applicable DOT regulations.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0760 Placarding and Marking of Container

A container, whether loaded or empty, must be provided with placarding on each side and on each end according to DOT regulations and conspicuously and legibly marked on each side and each end, on a background of sharply contrasting color with the words, "ANHYDROUS AMMONIA" and "INHALATION HAZARD" in letters at least two inches high. Each container must also be marked with the UN identification number for ammonia, 1005, on each side and each end in a manner prescribed by DOT regulations. Containers must be marked in compliance with DOT regulations.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0770 Transfer of Liquids

Subpart 1. Weighing or gauging contents.

The content of a cargo tank container must be determined by weighing or by liquid level gauging device. If the volume content of a container is to be determined by liquid level measurement, the container must have a thermometer well and thermometer so that the internal liquid temperature can be easily determined.

Subp. 2. Pumps; compressors.

Pumps or compressors must be designed and installed according to part 1513.0200, and protected against physical damage when mounted upon ammonia tank trucks and trailers.

Subp. 3. Permanent storage locations.

A cargo tank container of greater than 3,500 gallons water capacity must be unloaded only at permanent storage locations permitted according to Minnesota Statutes, section 18C.305, and meeting the requirements of parts 1513.0040, subpart 3, and 1513.0200, subpart 8.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0780 Trailers and Semi-Trailers

Subpart 1. Multiple vehicles.

If two or more vehicles are operated in combination, the vehicles must be designed and constructed, and the coupling devices connecting the vehicles must be designed, constructed, and installed, so that when the combination is operated in a straight line on a smooth, level, paved surface, the path of the towed vehicle does not vary more than three inches (80 mm) from the path of the towing vehicle.

Subp. 2. Emergency braking.

A trailer or semi-trailer must be equipped with an emergency braking system to be activated in the event of separation from the towing vehicle.

Subp. 3. Tow-bar; safety chain or cable.

A trailer must be equipped with a tow-bar and means of attaching the tow-bar to the towed and towing vehicles. The tow-bar and means of attachment must be structurally adequate, properly and securely mounted, provide for adequate articulation, and be provided with a locking device to prevent accidental separation of the towed and towing vehicles.

One or more safety devices such as safety chains or safety cables must also be properly installed to prevent the towed vehicle from breaking loose in the event of tow-bar failure or disconnection.

Subp. 4. Fifth-wheel assembly.

If a fifth-wheel assembly is employed for towing a semi-trailer, the lower half of the assembly must be properly and securely attached to the frame of the towing vehicle. The upper half of the assembly must be fastened to the towed vehicle in a manner providing at least the same security required for installation of the lower half. A fifth-wheel assembly must have a positive locking mechanism which applies automatically on coupling and which prevents separation of the upper and lower halves except by activation of a manual release.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0790 Electrical Equipment and Lighting

Subpart 1. Lighting; wiring.

Tank trucks, tank trailers, and tank semi-trailers may not be equipped with any artificial light other than electric light. Electric lighting circuits must have overcurrent protection (fuses or automatic circuit breakers). The wiring shall have sufficient carrying capacity and mechanical strength, and shall be suitably secured, insulated, and protected against physical damage.

Subp. 2. Federal regulations.

Tank trucks, tank trailers, and tank semi-trailers must be provided with lighting devices and reflectors according to Code of Federal Regulations, title 49, part 393, subpart B.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0800 Protection Against Collision

A tank motor vehicle must be provided with properly attached bumpers or chassis extensions arranged to protect the tank, piping, valves, and fittings from physical damage in case of collision.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0810 Brakes

No ammonia may be loaded into or unloaded from any tank truck, tank semi-trailer, or tank trailer unless the handbrake or other braker mechanism and wheel chocks on both sides of at least one drive wheel are securely set to prevent motion of the vehicle during the loading or unloading process.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0820 Portable Tanks

If portable tanks are used in lieu of cargo tanks and are permanently mounted on highway motor vehicles for the transportation of ammonia, they must comply with parts 1513.0700 to 1513.0830. If portable tanks are used as shipping containers in interstate commerce they must comply with parts 1513.0900 to 1513.0930.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0830 Safety Equipment

Tank trucks, trailers, semi-trailers, and attached power units must be furnished with the equipment specified in part 1513.0040, subpart 4, for emergency purposes.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0900 Applicability

Parts 1513.0900 to 1513.0930 apply specifically to systems using cylinders according to part 1513.0030, subpart 13, portable tanks (DOT-51), or ton containers (DOT-106A) constructed according to United States Department of Transportation specifications. Parts 1513.0100 to 1513.0230 also apply to those systems, unless otherwise noted.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0910 Containers and Cylinders

Subpart 1. Applicable standards.

Containers and cylinders must comply with current DOT specifications and must be maintained, filled, packaged, marked, labeled, and shipped to comply with current DOT regulations, OSHA regulations, and CGA C-4, American National Standard Method of Marking Portable Compressed Gas Containers to Identify the Material Contained (ANSI/CGA C-4).

Subp. 2. Storage.

Containers and cylinders must be stored in an area free from ignitable debris and in a manner that prevents external corrosion. Storage may be indoors or outdoors. Cylinders stored outdoors must be protected against accumulation of ice and snow.

Subp. 3. Burial.

Containers and cylinders must not be buried below ground.

Subp. 4. Surfaces; connections.

Containers and cylinders must be set upon firm, level surfaces or otherwise firmly secured. The possible effects settling or frost have on the outlet piping must be guarded against by appropriate use of a flexible connection or special fitting.

Subp. 5. Heat sources.

Containers and cylinders must be protected from heat sources such as radiant flame and steam pipes. Heat must not be applied directly to containers or cylinders to raise the pressure. A cylinder filled according to DOT regulations will become liquid full at 145 degrees Fahrenheit and will rupture upon further temperature rise.

Subp. 6. External damage.

Containers and cylinders must be stored in a manner to protect them from moving vehicles or external damage.

Subp. 7. Valve protection.

A container or cylinder designed to have a valve protection cap or device must have the cap or device securely in place when the container or cylinder is not in service. This requirement does not apply at a facility specifically designated for filling containers or cylinders.

Subp. 8. Trap; back pressure check valve.

Any process system connected to a container or cylinder must be equipped with a trap or back pressure check valve to prevent the entry of foreign matter into the container or cylinder.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0920 Container and Cylinder Valves and Regulation Equipment

Subpart 1. Tampering protection.

Container and cylinder valves and pressure regulation equipment must be protected against tampering when installed for use.

Subp. 2. Protection during transit and storage.

Container and cylinder valves shall be protected while in transit, in storage, and while being moved prior to connection to the process line, as follows:

A. by setting them into a recess of the container; or

B. by ventilated metal cap or collar, fastened to the container, capable of withstanding a blow from any direction equivalent to that of a 30 pound weight dropped four feet. Construction must be such that a blow will not be transmitted to the valves or other connections. A valve on a cylinder which is enclosed in a box or crate of sufficient strength to protect the valve from damage during transit or storage need not be provided with a protective cap or collar.

Subp. 3. Not in service.

If containers or cylinders are not connected for service, the outlet valves must be kept tightly closed and protected even though containers are considered empty. This requirement does not apply at a facility specifically designed for filling containers or cylinders.

Subp. 4. Cylinder valve connection standards.

Cylinder valves must be in accordance with the connection standard for ammonia as contained in CGA V-1, American National, Canadian, and Compressed Gas Association Standard for Compressed Gas Cylinder Valve Outlet and Inlet Connections (ANSI/CSA/CGA V-1).

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.0930 Pressure Relief Devices

A cylinder containing less than 165 pounds (75 kg) of ammonia is not required to have a pressure relief device.

Pressure relief device equipment used on DOT containers must be inspected, repaired, or replaced according to applicable DOT regulations.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.1000 Applicability

Parts 1513.1000 to 1513.1070 apply to containers of 3,000 gallons water capacity or less and systems mounted on farm wagons, implements of husbandry, and equipment which is used for the transportation of ammonia. Parts 1513.0100 to 1513.0230 apply to those containers and systems unless otherwise noted.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.1010 Design of Containers

The minimum design for containers must be in accordance with part 1513.0120.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.1020 Mounting of Containers

Subpart 1. Secure mounting.

All containers must be securely mounted. A "stop" or "stops" must be mounted on the farm wagon or on the container in such a way that the container cannot be dislodged from its mounting due to the farm wagon coming to a sudden stop. Back slippage must also be prevented.

Subp. 2. Hold-down device.

A hold-down device must be provided which will anchor the container to the farm wagon at one or more places on each side of the container.

Subp. 3. Weight distribution.

If containers are mounted on four-wheel farm wagons, the weight must be distributed evenly over both axles.

Subp. 4. Friction.

If the cradle and the container are not welded together, suitable material must be used between them to eliminate metal-to-metal friction. See part 1513.0120, subparts 2 and 4, with regard to welding on a container.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.1030 Container Appurtenances

Subpart 1. Maximum liquid level gauge.

A container must be equipped with a fixed maximum liquid level gauge that is designed to indicate when the container has been filled to 85 percent of its water capacity. The dip tube of this gauge must be installed in such a manner that it cannot be readily removed.

Subp. 2. Pressure gauge.

A container must be equipped with a pressure gauge having a dial graduated from 0-400 psig.

Subp. 3. Filling connection.

The filling connection of each container must comply with the requirements of part 1513.0150, subpart 10.

Subp. 4. Vapor equalization valve.

A container must be equipped with a vapor equalizing valve unless equipped for spray loading.

Subp. 5. Excess flow valves.

All vapor and liquid connections, except pressure relief valves and those specifically exempt in part 1513.0150, subpart 5, must be equipped with excess flow valves or may be fitted with quick-closing internal valves, which remain closed except during operating periods. An excess-flow valve is not required if the controlling orifice is not in excess of 7/16 inch in diameter and the valve is a hand-operated, attached hand wheel or equivalent, shut-off valve. To assist in filling applicator tanks, it is permissible to bleed vapors to the open air, if other requirements in this part are met.

Subp. 6. Rigid guard.

Appurtenances on farm wagons must be protected from physical damage by a rigid guard designed to withstand static loading in any direction equal to twice the weight of the container and lading using a safety factor of four based upon the ultimate strength of the material used. If the guard encloses the pressure relief valve, the valve must be properly vented through the guard.

Subp. 7. Coupling device.

If the applicator or nurse tank is trailed and the metering device is remotely mounted, such as on the tool bar, an automatic break-away, self-closing coupling device must be used. The coupling device must be made from or coated with a corrosion resistant material. The coupling device must be mounted in a manner that will permit the device to swivel freely in all directions. A coupling device must be maintained in accordance with the manufacturer's recommendations. An angle valve may not be used as a hose end valve connecting to the coupling device.

Subp. 8. Control valve.

Any control valve installed between the regulator and the break-away coupling device must indicate whether the valve is open or closed.

Subp. 9. Liquid withdrawal line.

If a liquid withdrawal line is installed in the bottom of the container, the connections to it, including hose, must not be lower than the lowest horizontal edge of the farm wagon axle. The hose must be drained and depressurized before the container is moved or towed on a public road.

Subp. 10. Hose ends.

Provision shall be made to secure both ends of the hose in transit.

Subp. 11. Containers.

Containers in this part must comply with all requirements as prescribed in Code of Federal Regulations, title 49, section 173.315(m).

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.1040 Placarding and Marking of Containers

Subpart 1. General.

There must appear on each side and on each end of the container in letters at least two inches high, the words, "ANHYDROUS AMMONIA" and the words "INHALATION HAZARD" on two sides. Each container must also be marked with the UN identification number, 1005, on each side and each end according to DOT requirements. Containers must be marked in compliance with DOT requirements.

Subp. 2. Slow-moving vehicle.

Slow-moving (25 mph or less) farm wagons and equipment operating on public roads must be provided with an emblem consisting of a fluorescent orange triangle with a red reflective border. For information regarding construction, location, and mounting of the emblem, refer to ASAE S276.4, Slow-Moving Vehicle Identification Emblem. See also Code of Federal Regulations, title 29, part 1910.145(d)(10).

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.1050 Farm Wagons and Equipment

All farm wagons and equipment must be securely attached to the vehicle drawing them by means of drawbars supplemented by hitch pins with a retainer and safety chains.

Farm wagons and equipment must be constructed and maintained so they will follow substantially in the path of the towing vehicle and will prevent the towed farm wagon from whipping or swerving dangerously from side to side.

Farm wagons and equipment may not be towed in public places such as school yards, malls, or hospital grounds.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.1060 Safety Equipment

An ammonia tank must be equipped with at least five gallons of clean water in a container designed to provide ready access to the water for flushing any area of the body contacted by ammonia.

A. Applicators must have a legible decal depicting the instructions for step-by-step ammonia transfer.

B. Toolbars must have information for connecting and disconnecting the coupling device, displayed in a manner that is readily visible near the break-away coupling device.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.1070 Chemical Additive Compatibility

Prior to the addition of a chemical additive, its compatibility with system components must be verified by the manufacturer of the additive.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Minn. R. 1513.1100 Minimum Flow Rates

Pressure relief valves for excessive heat or fire protection used on containers covered by parts 1513.0300 to 1513.0380 and 1513.1000 to 1513.1070 must be constructed to discharge at not less than the rates required in this part before the pressure is in excess of 121 percent of the maximum allowable working pressure of the container. Relief protection for any other reason, except refrigerated storage, must use ASME UG-125 through UG-136.

Surface Area = Total Outside Surface Area of Container in Square Feet. If the surface area is not stamped on the nameplate or when the marking is not legible, the area can be calculated by using one of the following formulas:

Flow Rate--CFM Air = cubic feet per minute of air required at standard conditions, 60 degrees Fahrenheit and atmospheric pressure (14.7 psia).

The rate of discharge may be interpolated for intermediate values of surface area. For containers with total outside surface area greater than 2,500 square feet, the required flow rate can be calculated using the formula, Flow Rate CFM Air = 22.11 A0.82 where A = outside surface of the container in square feet.

History

Statutory Authority: MS s 18C.121
History: 21 SR 277

Chapter 1514 ANHYDROUS AMMONIA INSPECTOR CERTIFICATION

Minn. R. 1514.0100 Definitions

Subpart 1. Scope.

The terms used in this chapter have the meanings given them in this part.

Subp. 2. Agency inspector.

"Agency inspector" means an employee of the Department of Agriculture, who is authorized to conduct inspections of anhydrous ammonia facilities, storage, and equipment.

Subp. 3. Anhydrous ammonia facility.

"Anhydrous ammonia facility" means a facility that stores, sells, or handles anhydrous ammonia for agricultural purposes.

Subp. 4. Certificate of compliance.

"Certificate of compliance" means a certificate issued by a certified anhydrous ammonia inspector to an anhydrous ammonia facility when the inspector has documented, in writing, full compliance with chapter 1513 and Minnesota Statutes, chapters 18C and 18D.

Subp. 5. Certified anhydrous ammonia inspector.

"Certified anhydrous ammonia inspector" means an individual who has received certification under this chapter.

Subp. 6. Commissioner.

"Commissioner" means the commissioner of agriculture or an authorized agent of the commissioner.

Subp. 7. Compliance inspection.

"Compliance inspection" means an inspection performed by a certified anhydrous ammonia inspector that is equivalent to an inspection performed by an anhydrous ammonia agency inspector. The inspection certifies an anhydrous ammonia facility as compliant with chapter 1513 and Minnesota Statutes, chapters 18C and 18D.

Subp. 8. Facility.

"Facility" means a fixed location consisting of all stationary fertilizer operations and systems permitted by the Department of Agriculture.

Subp. 9. Full compliance.

"Full compliance" means that a permitted agricultural facility meets all requirements for anhydrous ammonia equipment and storage in chapter 1513 and Minnesota Statutes, chapters 18C and 18D, before the certificate of compliance is issued.

Subp. 10. Routine inspection.

"Routine inspection" means an inspection conducted by an agency inspector that covers the requirements in chapter 1513 and Minnesota Statutes, chapters 18C and 18D.

Subp. 11. System.

"System" means an assembly of equipment consisting of the container or containers, hoses, appurtenances, pumps, compressors, interconnecting piping, nurse tanks, toolbars, and field application units.

History

Statutory Authority: MS s 18C.111
History: 39 SR 232

Minn. R. 1514.0200 General Provisions; Certified Anhydrous Ammonia Inspector

Subpart 1. Certificate of compliance.

Only a certified anhydrous ammonia inspector is authorized to issue a certificate of compliance to an anhydrous ammonia facility.

Subp. 2. Certification card.

A certified anhydrous ammonia inspector, when conducting an inspection, must have in possession a valid certification card issued by the commissioner and must present it upon demand of the commissioner or upon demand of an owner or authorized agent of an anhydrous ammonia facility.

Subp. 3. Certification not transferable.

Anhydrous ammonia inspector certification is not transferable to another individual. Certified anhydrous ammonia inspectors shall perform only inspections of anhydrous ammonia facilities that have received a permit from the commissioner.

Subp. 4. Issuance of certificate.

The certified anhydrous ammonia inspector must not issue a certificate of compliance unless the facility is in full compliance.

History

Statutory Authority: MS s 18C.111
History: 39 SR 232

Minn. R. 1514.0300 Anhydrous Ammonia Inspector Certification

Subpart 1. Certification.

An applicant for an anhydrous ammonia inspector certification must be certified by the commissioner if the applicant meets the requirements of subparts 2 to 5 or 8. Upon certification, the commissioner shall issue the certified anhydrous ammonia inspector a certification card. If an applicant fails to pass any stage of the certification process, the applicant must not be certified, but is eligible to restart the certification process from the beginning.

Subp. 2. Qualifications.

To be eligible to apply to be a certified anhydrous ammonia inspector, an applicant must meet the following requirements:

A. At a minimum, the applicant must have a high school diploma or commissioner of education-selected high school equivalency certification and five years of experience working in at least two of the following areas:

B. An individual seeking certification under this part must apply to the commissioner, on forms approved by the commissioner, to receive an anhydrous ammonia inspector certification and must submit proof of previous experience as specified in item A.

Subp. 3. Classroom training.

The applicant must attend classroom training as approved by the commissioner. The classroom training must consist of basic safety requirements and a review of all anhydrous ammonia requirements in chapter 1513 and Minnesota Statutes, chapters 18C and 18D. The classroom training must be at least 16 hours in length and must include lectures, demonstrations, course review, and a final written examination.

Subp. 4. Written exam.

In order to be certified as an anhydrous ammonia inspector, the applicant must pass a written examination required as part of the classroom training under subpart 3.

Subp. 5. Practical training and skills test.

After completing the classroom training as required under subpart 3, and passing a written examination as required by subpart 4, an applicant must complete a practical training and skills test. The practical training must be at least eight hours in length and must include demonstrations, information on conducting anhydrous ammonia inspections, and inspection policies and procedures. The skills test must require the applicant to demonstrate the applicant's understanding and ability to conduct anhydrous ammonia inspections. An applicant must pass the practical training and skills test in order to complete the certification process.

Subp. 6. Training partners.

The classroom training, written exam, and practical training and skills test must be offered by the commissioner or through a partner that the commissioner approves, or both. The commissioner is responsible for making available a list of partners to all applicants.

Subp. 7. Attempts to pass and time limits.

Applicants have an 18-month time period and a total of three attempts to pass both the written examination and the practical training and skills test from the date that the applicant completes the classroom training required under subpart 3. If the applicant is unable to pass the written examination and both the classroom and practical training and skills test within the 18-month time period, the applicant must restart the certification process from the beginning by retaking the classroom training required under subpart 3.

Subp. 8. Reciprocal certification agreements.

If classroom training, a written examination, or a practical training and skills test is offered by another jurisdiction or organization and is determined by the commissioner to be equal in standards to Minnesota's anhydrous ammonia inspector certification training and examination requirements, the commissioner may waive all or part of the training and examination requirements provided for in subparts 3 to 5. For the purposes of this subpart, the commissioner shall only approve a classroom training program, a written examination, or a practical training and skills test that is offered by another jurisdiction or organization if the classroom training program, written examination, or practical training and skills test meets or exceeds the applicable requirements in subparts 3 to 5.

History

Statutory Authority: MS s 18C.111
History: 39 SR 232; L 2017 1Sp5 art 10 s 7

Minn. R. 1514.0400 Recertification of Certified Anhydrous Ammonia Inspector

A. A certified anhydrous ammonia inspector must recertify at least once in a two-year period by taking recertification training approved by the commissioner. The recertification training must consist of a review of anhydrous ammonia safety issues and requirements of chapter 1513 and Minnesota Statutes, chapters 18C and 18D. The recertification training course may be up to eight hours in length, and must include lectures, demonstrations, and a course review.

B. If an individual fails to recertify the individual's inspector certification by March 1 of the individual's recertification year, the individual is no longer certified.

History

Statutory Authority: MS s 18C.111
History: 39 SR 232

Minn. R. 1514.0500 Revocation or Suspension of Anhydrous Ammonia Inspector Certification

Subpart 1. Authority.

The agency retains all enforcement, revocation, suspension, and inspection authority as stated in chapter 1513 and Minnesota Statutes, chapters 18C and 18D. Any violations of the statutes and rules listed in this subpart are grounds for certification revocation.

Subp. 2. Return of certificate.

If the commissioner revokes a certification, the individual must return the certification card to the agency. The agency must receive the certification card within ten business days of the date of revocation.

Subp. 3. Satisfaction of judgment.

An applicant for a certified anhydrous ammonia inspector certification or a certified anhydrous ammonia inspector must not allow a final judgment against them arising from a violation of any provision in chapter 1513 or Minnesota Statutes, chapter 18C or 18D, to remain unsatisfied. An applicant who fails to satisfy a final judgment within 30 days must be removed from the certified inspector application process. If a certified anhydrous ammonia inspector fails to satisfy a final judgment, the commissioner must suspend the inspector's certification.

History

Statutory Authority: MS s 18C.111
History: 39 SR 232

Minn. R. 1514.0600 Requirements Relating to Notification, Inspection, and Issuance of Certificate of Compliance

Subpart 1. Notification.

If a compliance inspection is scheduled to occur, the anhydrous ammonia facility may notify the commissioner of that inspection no more than 30 days prior to the day of the inspection. If notified, the agency must not conduct a routine inspection of the anhydrous ammonia facility during the 30 days prior to the scheduled compliance inspection and the 30 days after completion of the initial inspection.

Subp. 2. Required elements of inspection.

A. When conducting an inspection, the certified anhydrous ammonia inspector must:

B. Upon request from the commissioner, a certified anhydrous ammonia inspector must provide inspection and certification records to the commissioner.

C. The certification process must be completed within eight months, starting on the date of the initial inspection and ending with the issuance of the certificate of compliance to the facility by the certified inspector.

Subp. 3. Responsibilities of inspected facility.

The owner or authorized agent of an anhydrous ammonia facility must:

A. document corrections of noncompliance issues on forms provided by the commissioner;

B. provide documentation to the certified anhydrous ammonia inspector that all noncompliance issues have been addressed; and

C. submit the certificate of compliance to the commissioner within two weeks of receiving the certificate of compliance.

History

Statutory Authority: MS s 18C.111
History: 39 SR 232

Chapter 1515 LIVESTOCK

Minn. R. 1515.2300 Records of Feeder Pig Markets

Each feeder pig market shall register all buyers and maintain a record of registered buyers for each sale date and shall retain such records for at least one year. A certificate of sale accurately showing the name and address of seller and buyer, number of pigs purchased, identification or description of pigs, and the sale price, shall be made on each transaction and a copy retained by the seller and the buyer for at least one year.

History

Statutory Authority: MS s 17A.15

Minn. R. 1515.2400 Commissioner's Access to Records

The commissioner shall at all reasonable times have access to and the right to copy any records of any livestock market agency, public stockyard, livestock dealer, or feeder pig market being investigated or proceeded against.

History

Statutory Authority: MS s 17A.15

Minn. R. 1515.3000 Authority

Parts 1515.3000 to 1515.3800 are prescribed pursuant to Minnesota Statutes, section 3.737, by the commissioner of agriculture to implement procedures to compensate livestock owners for livestock that is destroyed, or is crippled and must be destroyed, by a wolf. The procedures specified in parts 1515.3000 to 1515.3800 are in addition to those set forth in the statute itself.

History

Statutory Authority: MS s 3.737
History: 29 SR 655; 36 SR 179; L 2012 c 277 art 1 s 90

Minn. R. 1515.3100 Definitions

Subpart 1. Applicability.

For purposes of parts 1515.3000 to 1515.3800, the following definitions shall apply.

Subp. 2. Claim form.

"Claim form" means the form provided by the commissioner to be completed by the investigator containing information upon which payment for a loss shall be based.

Subp. 3. Commissioner.

"Commissioner" means the commissioner of agriculture or the commissioner's authorized agent.

Subp. 4.

[Repealed, 36 SR 179]

Subp. 5.

[Repealed, 36 SR 179]

Subp. 5a. Fair market value.

"Fair market value" means the value received for livestock at the first point of sale the livestock owner typically uses for livestock.

Subp. 5b. Investigator.

"Investigator" means a person who meets the qualifications listed in Minnesota Statutes, section 3.737, subdivision 1, paragraph (b), who has received training provided by the Department of Agriculture for investigating wolf depredation of livestock.

Subp. 6.

[Repealed, 29 SR 655]

Subp. 7. Livestock.

"Livestock" means cattle, sheep, poultry, swine, horses, donkeys, mules, goats, and farmed Cervidae, as defined in Minnesota Statutes, section 35.153, subdivision 3; llamas, as defined in Minnesota Statutes, section 17.455, subdivision 2; Ratitae, as defined in Minnesota Statutes, section 17.453, subdivision 3; and bison.

Subp. 8. Livestock owner.

"Livestock owner" means any individual, firm, corporation, copartnership, or association with an interest in livestock destroyed by, or crippled by, a wolf so that it must be destroyed.

Subp. 9. Loss.

"Loss" means livestock destroyed by, or crippled by, a wolf so that it must be destroyed.

History

Statutory Authority: MS s 3.737
History: 17 SR 1279; 29 SR 655; L 2005 1Sp1 art 1 s 97; 36 SR 179; L 2012 c 277 art 1 s 90

Minn. R. 1515.3200 Reporting

It is the responsibility of the livestock owner to notify an investigator of a suspected loss within 48 hours of the discovery of a loss. A telephone call, electronic media, or personal contact by which the livestock owner makes arrangements for a claim investigation constitutes notification. The livestock owner shall provide all information required to investigate the loss to the investigator.

History

Statutory Authority: MS s 3.737
History: 29 SR 655; 36 SR 179

Minn. R. 1515.3300 Claim Forms

Investigation reports shall be submitted on forms provided by the commissioner. The investigator contacted by the livestock owner shall be responsible for completing the claim forms.

History

Statutory Authority: MS s 3.737
History: 36 SR 179

Minn. R. 1515.3400 Signed Statement from Livestock Owner

The investigator shall secure from the livestock owner a signed statement setting forth: the existence and details of any insurance coverage on the livestock; a statement that in the owner's best judgment the destroyed livestock was killed by a wolf, and the facts underlying that judgment.

History

Statutory Authority: MS s 3.737
History: 29 SR 655; 36 SR 179; L 2012 c 277 art 1 s 90

Minn. R. 1515.3500 Investigation

Following instructions on the claim form, the investigator shall notify the United States Department of Agriculture, Animal and Plant Health Inspection Service, Wildlife Services, within 48 hours, or as soon as practicable, that an investigation of livestock loss has been initiated. The investigator shall investigate the loss in a timely manner and shall make a finding in writing on the claim form regarding whether the livestock was destroyed or crippled by a wolf, and the owner's eligibility for compensation under parts 1515.3000 to 1515.3800. Such a finding shall be based upon physical and circumstantial evidence including: the livestock carcass presence and condition; animal tracks; the number and location of animal bites on the carcass; the area of the state where the loss occurred; sightings of a wolf in the area; or any other circumstances determined to be pertinent by the investigator. The investigator shall submit the signed claim form to the commissioner at the earliest opportunity. The absence of any affirmative evidence may be grounds for denial of a claim.

History

Statutory Authority: MS s 3.737
History: 29 SR 655; 36 SR 179; L 2012 c 277 art 1 s 90

Minn. R. 1515.3600 Completion and Submission of Claim Form

The university extension educator shall make a written finding on the claim form of the actual fair market value of the destroyed livestock based upon any of the following criteria deemed to be pertinent by the university extension educator: the number of livestock determined by the investigator in the loss; the type of livestock; the breed and breeding of the livestock; the estimated size and weight of the livestock; the estimated age of the livestock; registration of the livestock, upon proof of registration; and the replacement cost of the livestock. The university extension educator shall return the completed claim form to the commissioner for review and payment. The commissioner may return any incomplete form to the investigator or university extension educator indicating the information necessary for proper completion.

History

Statutory Authority: MS s 3.737
History: 29 SR 655; 36 SR 179

Minn. R. 1515.3700 [Repealed, 36 SR 179]

[Repealed, 36 SR 179]

Minn. R. 1515.3800 Insurance Coverage

If insurance coverage exists on the livestock, the commissioner shall withhold payment under parts 1515.3000 to 1515.3800 until the insurance claim has been paid, and evidence of payment has been submitted to the commissioner, at which time that insurance payment shall be deducted from the determined actual fair market value.

History

Statutory Authority: MS s 3.737
History: 29 SR 655; 36 SR 179

Minn. R. 1515.3900 [Repealed, 29 SR 655]

[Repealed, 29 SR 655]

Chapter 1520 POULTRY AND EGGS

Minn. R. 1520.0100 [Repealed, 19 SR 75]

[Repealed, 19 SR 75]

Minn. R. 1520.0200 Definitions

Subpart 1. Scope.

The definitions in this part and in Minnesota Statutes, section 29.21, apply to parts 1520.0200 to 1520.2000.

Subp. 2.

[Repealed, 19 SR 75]

Subp. 3.

[Repealed, 19 SR 75]

Subp. 4. Commissioner.

"Commissioner" means the commissioner of agriculture or the commissioner's authorized representative.

Subp. 5.

[Repealed, 19 SR 75]

Subp. 6.

[Repealed, 19 SR 75]

Subp. 7.

[Repealed, 19 SR 75]

Subp. 8.

[Repealed, 19 SR 75]

Subp. 9.

[Repealed, 19 SR 75]

Subp. 10.

[Repealed, 19 SR 75]

Subp. 11.

[Repealed, 19 SR 75]

Subp. 12.

[Repealed, 19 SR 75]

Subp. 13.

[Repealed, 19 SR 75]

Subp. 14. Pack date.

"Pack date" means the date of candling and grading.

Subp. 15. Quality assurance date.

History

Statutory Authority: MS s 29.23; 29.27; 31.11
History: 8 SR 2478; 19 SR 75

Minn. R. 1520.0300 Candling

Egg handlers must have equipment, adequate space, and a sanitary room darkened sufficiently to make accurate quality determinations of candled eggs. Processing operations, except when candling, must be well lighted to detect dirties, stains, and the condition of packing material.

History

Statutory Authority: MS s 29.27; 31.11
History: 19 SR 75

Minn. R. 1520.0400 Storage and Refrigeration

Egg handlers must have adequate space and storage facilities capable of maintaining processed eggs at a temperature of 45 degrees Fahrenheit (seven degrees centigrade) or less or 50 degrees Fahrenheit (ten degrees centigrade) or less for unprocessed eggs. All storage and transportation facilities must be maintained in a sanitary condition. Egg handlers must transport eggs in enclosed trucks that are sanitary and capable of maintaining eggs at an ambient air temperature of 45 degrees Fahrenheit (seven degrees centigrade) or less.

History

Statutory Authority: MS s 29.27; 31.101; 31.11
History: 19 SR 75; 27 SR 168

Minn. R. 1520.0500 Egg Cleaning

Subpart 1. Protection of eggs.

Eggs must be protected from contamination through all stages of production, transportation, and processing.

Subp. 2. Wet cleaning.

Wet cleaning of eggs using rags, sponges, or other devices to scrub or wipe the eggs by hand is prohibited.

Subp. 3. Dry cleaning.

Dry cleaning with abrasive material reasonably free of bacterial contamination is permitted.

Subp. 4. Washing equipment and procedures.

Egg washing is subject to items A to J.

A. Egg equipment and the surrounding area must be so constructed as to permit thorough cleaning.

B. Egg equipment and the surrounding area must be maintained in a sanitary condition.

C. Water used for washing eggs must be potable and contain less than two parts per million of iron.

D. Water temperature for both washing and rinsing must be thermostatically controlled.

E. The temperature of the wash water must be maintained at 90 degrees Fahrenheit (32 degrees centigrade) or above and must be at least 20 degrees Fahrenheit (11 degrees centigrade) warmer than the temperature of the eggs. The rinse water temperature must exceed the wash water temperature by at least ten degrees Fahrenheit (six degrees centigrade). Prewetting must be accomplished by spraying a continuous flow of water over the eggs in a manner that permits the water to drain away.

F. Cleaning and sanitizing compounds or chemicals must be guaranteed in writing by the manufacturer as acceptable for egg washing or sanitizing.

G. Washed eggs must be spray-rinsed with a sanitizing agent. The rinse must contain not less than 50 parts per million and not more than 200 parts per million of available chlorine or its equivalent.

H. Washed eggs must be dry prior to cartoning or casing.

I. Immersion type washers may not be used.

J. Eggs must be removed from the washing and rinsing area of the egg washer and the scanning area when there is a build up of heat.

History

Statutory Authority: MS s 29.27; 31.101; 31.11
History: 19 SR 75; 27 SR 168

Minn. R. 1520.0600 Candling and Grading Records

An egg handler must keep accurate candling and grading records for each patron from whom eggs are purchased on a graded basis. Records must be permanently written and must include the following data: name and address of the egg handler; name or number and address of the producer or person selling eggs, date received, number of dozen eggs received, exact number of eggs in each Minnesota purchase grade as defined in part 1520.1100, deductions for inedible or adulterated eggs, name or initial of candler and date candled, and dirties and checks, identified as such, or grouped in one column.

Records must be maintained and must be available to the commissioner for official review for not less than 90 days after the date of purchase.

History

Statutory Authority: MS s 29.27; 31.11
History: 19 SR 75

Minn. R. 1520.0700 Eggs Purchased from a Producer

Graded eggs bought by an egg handler from a producer must be graded according to the standards set in parts 1520.1100 to 1520.1400.

History

Statutory Authority: MS s 29.27; 31.11
History: 19 SR 75

Minn. R. 1520.0800 Graded Eggs Purchased for Resale

Candled and graded eggs purchased for resale, sold, transferred, or consigned to consumers, egg handlers, brokers, retailers, or wholesalers within the state must be sold, transferred, or consigned based on the requirements set in parts 1520.1100 to 1520.1400. All eggs sold, consigned, or transferred, except eggs sold at retail, must be accompanied by an invoice to the receiver showing the number of cases of eggs by grade in each shipment.

History

Statutory Authority: MS s 29.27; 31.11
History: 19 SR 75

Minn. R. 1520.0900 Containers and Packaging Material Used in Marketing Eggs

Containers, including packaging material inside the containers, must be maintained in a clean, sanitary condition.

History

Statutory Authority: MS s 29.27; 31.11
History: 17 SR 1279; 19 SR 75

Minn. R. 1520.1000 Identification of Eggs in the Possession of Egg Handlers

Each case of eggs held by an egg handler must be identified by grade and size in a legible manner. Grade and size designation may not be abbreviated. Acceptable methods of identifying cases include stamping, marking with chalk or other legible marking, or a grade slip or label in or attached to each case. Each case or part of a case of eggs not candled and graded must be legibly identified with the producer's name and address.

History

Statutory Authority: MS s 29.27; 31.11
History: 19 SR 75

Minn. R. 1520.1100 Minnesota Purchase Grades

Subpart 1. Consumer grades.

Eggs may be purchased only on the basis of grade and weight classes established for consumer grades in parts 1520.1200 to 1520.1400.

Subp. 2. "Nest runs" or "current receipts."

Eggs may be purchased as "nest run" or "current receipts."

Subp. 3. Restricted eggs.

Restricted eggs must be handled in a manner conforming to the requirements of the federal Egg Products Inspection Act of 1970, as amended, and regulations promulgated under that act, and Minnesota Statutes, section 29.235.

Subp. 4. Eggs used in manufacture of food products.

Eggs used in the manufacture of food products or by a restaurant, caterer, nursing home, school, charitable organization, or similar establishment preparing or serving food for human consumption must be grade B or better, except checks and dirties may be processed for human consumption by an official egg processing plant licensed by the department.

History

Statutory Authority: MS s 29.27; 31.11
History: 19 SR 75

Minn. R. 1520.1200 Minnesota Consumer Grades

Subpart 1. Grade AA at origin.

"Grade AA (at origin)" consists of eggs which are at least 87 percent AA quality. The maximum tolerance of 13 percent which may be below AA quality may consist of A or B quality in any combination, except that within the tolerance for B quality not more than one percent may be B quality due to air cells over three-eighths inch, blood spots aggregating not more than one-eighth inch in diameter, or serious yolk defects. Not more than five percent checks are permitted and not more than 0.50 percent leakers, dirties, or loss due to meat or blood spots are permitted in any combination except that loss may not exceed 0.30 percent. Other types of loss are not permitted.

Subp. 2. Grade AA at destination.

"Grade AA (at destination)" consists of eggs which are at least 72 percent AA quality. The remaining tolerance of 28 percent shall consist of at least ten percent A quality and the remainder shall be B quality, except that within the tolerance for B quality not more than one percent may be B quality due to air cells over three-eighths inch, blood spots aggregating not more than one-eighth inch in diameter, or serious yolk defects. Not more than seven percent checks are permitted and not more than one percent leakers, dirties, or loss due to meat or blood spots are permitted in any combination, except that loss may not exceed 0.30 percent. Other types of loss are not permitted.

Subp. 3. Grade A at origin.

"Grade A (at origin)" consists of eggs which are at least 87 percent A quality or better. Within the maximum tolerance of 13 percent which may be below A quality, not more than one percent may be B quality due to air cells over three-eighths inch, blood spots aggregating not more than one-eighth inch in diameter, or serious yolk defects. Not more than five percent checks, or seven percent checks for jumbo size, are permitted and not more than 0.50 percent leakers, dirties, or loss due to meat or blood spots are permitted in any combination, except that loss may not exceed 0.30 percent. Other types of loss are not permitted.

Subp. 4. Grade A at destination.

"Grade A (at destination)" consists of eggs which are at least 82 percent A quality or better. Within the maximum tolerance of 18 percent which may be below A quality, not more than one percent may be B quality due to air cells over three-eighths inch, blood spots aggregating not more than one-eighth inch in diameter, or serious yolk defects. Not more than seven percent checks, or nine percent checks for jumbo size, are permitted and not more than one percent leakers, dirties, or loss due to meat or blood spots are permitted in any combination, except that loss may not exceed 0.30 percent. Other types of loss are not permitted.

Subp. 5. Grade B at origin.

"Grade B (at origin)" consists of eggs which are at least 90 percent B quality or better. Not more than ten percent may be checks and not more than 0.50 percent may be leakers, dirties, or loss due to meat or blood spots in any combination, except that loss may not exceed 0.30 percent. Other types of loss are not permitted.

Subp. 6. Grade B at destination.

"Grade B (at destination)" consists of eggs which are at least 90 percent B quality or better. Not more than ten percent may be checks and not more than one percent may be leakers, dirties, or loss due to meat or blood spots in any combination, except that loss may not exceed 0.30 percent. Other types of loss are not permitted.

History

Statutory Authority: MS s 29.27; 31.11
History: 19 SR 75

Minn. R. 1520.1300 Quality Standards

Standards of quality for shell eggs must be in accordance with the United States Department of Agriculture Standards for Quality of Individual Shell Eggs and Weight Classes for Shell Eggs, Agricultural Marketing Service (AMS 56.200 et seq.) effective April 6, 1995.

History

Statutory Authority: MS s 29.27; 31.101; 31.11
History: 19 SR 75; 27 SR 168

Minn. R. 1520.1400 Weight Classes for Shell Egg Grades

Weight classes for shell egg grades are set by the following table:

A lot average tolerance of 3.3 percent for individual eggs in the next lower weight class is permitted as long as no individual case within the lot exceeds five percent.

History

Statutory Authority: MS s 29.27; 31.11
History: 19 SR 75

Minn. R. 1520.1500 Invoices

Every egg handler selling eggs to a retailer must give the retailer an invoice showing the grade of the eggs under part 1520.1200. A copy of each invoice must be maintained on file by the seller and the retailer at their places of business for 30 days and must be available for official review upon request by the commissioner.

History

Statutory Authority: MS s 29.27; 31.11
History: 19 SR 75

Minn. R. 1520.1600 Labeling

Egg handlers offering eggs for sale to a consumer must give the grade of eggs in a manner complying with this part.

A. Eggs offered for sale in cartons, bags, containers, or other package form must be plainly and conspicuously labeled in printed letters not smaller than one-quarter inch in height or plainly and conspicuously stamped and marked in letters not smaller than one-half inch in height with the product identity; the grade and size; the name and address of the producer, processor, or distributor; the words "packed for" or "distributed by" or equivalent; the statement "Perishable. Keep Refrigerated"; and the pack date and quality assurance date.

B. Eggs offered for sale in bulk must be sold under a placard which states all the information in item A.

C. Grade and size designations may not be abbreviated.

History

Statutory Authority: MS s 29.23; 29.27; 31.11
History: 8 SR 2478; 19 SR 75

Minn. R. 1520.1700 Advertising

Any advertisement of eggs for a price must plainly and conspicuously indicate the grade and size. Grade and size designations may not be abbreviated.

All reference to grades of eggs in advertising or in any other manner, either for procurement or sale of eggs, must conform to the grade and size terminology for purchase and consumer grades set in parts 1520.1100 to 1520.1400.

History

Statutory Authority: MS s 29.27; 31.11
History: 19 SR 75

Minn. R. 1520.1800 Misleading Statements

No egg handler may sell, offer for sale, or advertise for sale eggs for human consumption if the package containing them, the label on the package, or any advertising accompanying them bears any statement or device which is in any way false or misleading.

History

Statutory Authority: MS s 29.27; 31.11
History: 19 SR 75

Minn. R. 1520.1900 Pack and Quality Assurance Date

Subpart 1. Pack date.

Consumer grades of eggs must be pack dated in type not smaller than one-quarter inch capitals to indicate the date of pack. All cartons and cases must bear a pack date. Retailers who carton eggs delivered in bulk cases must label the cartons with the identical pack date on the bulk case.

Subp. 2. Quality assurance date.

All consumer grade eggs must carry a "quality assurance date" in addition to the pack date. The pack date must be a Julian date to not confuse it with the quality assurance date. The quality assurance date must be spelled out as the month or number of the month and day, for example, "2-1" or "Feb. 1." The quality assurance date must have an explanatory clause, such as "Sell by" or "Use by," the word "Expires," or the abbreviation "Exp."

History

Statutory Authority: MS s 29.27; 31.11
History: 19 SR 75

Minn. R. 1520.2000 Use of Word "fresh."

The use of the word "Fresh" is limited to eggs of grades AA, A, and B quality which are not older than 30 days from the date of candling and grading. The term "Fresh" or a similar term is not a substitute for grade designation.

History

Statutory Authority: MS s 29.27; 31.11
History: 19 SR 75

"Affiliated flock owner" means a flock owner who is participating in the plan through an agreement with a participating hatchery.

Subp. 3. Authorized agent.

"Authorized agent" means any person authorized by the department to do flock selection work.

Subp. 4. Baby poultry.

"Baby poultry" means newly hatched poultry (chicks, ducklings, goslings, keets, etc.) that have not been fed or watered.

Subp. 5. Board.

"Board" means the Minnesota Board of Animal Health.

Subp. 6. Commissioner.

"Commissioner" means the commissioner of agriculture.

Subp. 7. Dealer.

"Dealer" means a person dealing in hatching eggs, breeding stock, or poultry who does not operate a hatchery.

Subp. 8. Department.

"Department" means the Minnesota Department of Agriculture, unless otherwise indicated.

Subp. 9. Domesticated.

"Domesticated" means propagated and maintained under the control of a person.

Subp. 10. Exhibition poultry.

"Exhibition poultry" means domesticated fowl which are bred for the combined purposes of meat or egg production and competitive showing.

Subp. 11. Flock.

As applied to breeding, "flock" means all poultry of one kind of mating (breed and variety or combination of stocks) and of one classification on one farm.

Subp. 12. Franchise breeder.

"Franchise breeder" means a breeder who normally sells products under a specific strain or trade name and who authorizes other hatcheries to produce and sell products under this same strain or trade name.

Subp. 13. Franchise hatchery.

"Franchise hatchery" means a hatchery which has been authorized by a franchise breeder to produce and sell products under the breeder's strain or trade name.

Subp. 14. Game birds.

"Game birds" means domesticated fowl such as pheasants, partridge, quail, grouse, and guineas, but not doves and pigeons.

Subp. 15. Hatchery.

"Hatchery" means hatchery equipment on one premises operated or controlled by any person for the production of baby poultry.

Subp. 16. Independent flock owner.

"Independent flock owner" means a flock owner who is participating in the plan through an agreement with the department.

Subp. 17. Official state agency.

"Official state agency" means the state authority recognized by the United States Department of Agriculture to cooperate in the administration of the plan.

Subp. 18. Operating year.

"Operating year" means the period from July 1 through June 30 or any portion thereof.

Subp. 19. Person.

"Person" means a natural person, firm, or corporation.

Subp. 20. Plan.

"Plan" means the provisions of the National Poultry Improvement Plan contained in parts 1520.5200 to 1520.7200.

Subp. 21. Poultry.

"Poultry" means domesticated fowl, including chickens, waterfowl, and game birds, except doves and pigeons, which are bred for the primary purpose of producing eggs or meat.

Subp. 22. Products.

"Products" means poultry breeding stock, hatching eggs, baby poultry, and started poultry.

Subp. 23. Started poultry.

"Started poultry" means young poultry (chicks, pullets, cockerels, capons, ducklings, goslings, keets, etc.) that have been fed or watered and are less than six months of age.

Subp. 24. State.

"State" means any state, the District of Columbia, or Puerto Rico.

Subp. 25. State inspector.

"State inspector" means any person employed or authorized by the department to do inspection work under this program.

Subp. 26. Stock.

"Stock" is a term used to identify the progeny of a specific breeding combination within a species of poultry. These breeding combinations may include pure strains, strain crosses, breed crosses, or combinations thereof.

Subp. 27. Strain.

"Strain" means poultry breeding stock bearing a given name produced by a breeder through at least five generations of closed flock breeding.

Subp. 28. Trade name or number.

"Trade name or number" means a name or number compatible with state and federal laws and regulations applied to a specific stock or product thereof.

Subp. 29. USDA.

"USDA" means the United States Department of Agriculture.

Subp. 30. Waterfowl.

"Waterfowl" means domesticated fowl that normally swim, such as ducks and geese.

History

Statutory Authority: MS s 29.021; 29.27; 31.11
History: 19 SR 75

Minn. R. 1520.5300 Administration

As authorized by Minnesota Statutes 1971, chapter 29, the department cooperates with the United States Department of Agriculture through a memorandum of understanding in the administration of the plan. The department cooperatively with the board, shall carry out the administration of the plan within the state of Minnesota according to the applicable provisions of the plan and memorandum of understanding.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.5310 Affiliated Flock Located in Another State

The department may accept for participation an affiliated flock located in another state under a mutual understanding and agreement between the two official state agencies regarding conditions of participation and supervision.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.5320 Administration of Plan in Minnesota

The department may adopt rules applicable to the administration of the plan in the state of Minnesota further defining the provisions of the plan or establishing higher standards compatible with the plan.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.5400 Participation

Any person producing or dealing in poultry products may participate in the plan on demonstrating, to the satisfaction of the department and the board that the facilities, personnel, and practices are adequate for carrying out the applicable provisions of the plan; and signing an agreement with the department and the board to comply with the general and the applicable specific provisions of the plan and any rules of the department adopted in accordance with part 1520.5320. Affiliated flock owners may participate without signing an agreement with the department. Each participant shall comply with the plan throughout the operating year of the department, or until released by the commissioner and the executive officer of the board. A participant shall participate with all of the participant's poultry hatching egg supply flocks and hatchery operations within the state. No person shall be compelled by the department to qualify products for the classifications described in part 1520.7200, item A, as a condition of qualification for participation in the plan. Participation in the plan shall entitle the participant to use the plan emblem reproduced below.

History

Statutory Authority: MS s 29.021
History: 17 SR 1279

Minn. R. 1520.5500 General Provisions for All Participants

Records of purchases, sales, eggs set, hatchability, and the identity of products handled shall be maintained in a manner satisfactory to the department. The purchaser shall keep on file for each lot of eggs or chicks purchased an invoice or NPIP 15 from the seller stating the seller's name, address, date of shipment, quantity, breed, and pullorum classification thereof. Products and the sales and purchases thereof, records of eggs set, hatchability, and material used to advertise products shall be subject to inspection by the department at any time.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.5600 Advertising

Advertising must be in accordance with the plan, and applicable rules and regulations of the department and the Federal Trade Commission. A participant advertising products as being of any official classification may include in the advertising reference to associated or franchised hatcheries only when such hatcheries produce the same kind of products of the same classification.

History

Statutory Authority: MS s 29.021
History: 17 SR 1279

Minn. R. 1520.5700 Products from Nonparticipants

Participants may not buy or receive for any purpose products from nonparticipants, or sell products of nonparticipants, except with the permission of the department and the board for use in breeding flocks or for experimental purposes.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.5800 Minimum Egg Weight

The minimum weight of chicken hatching eggs sold shall be 1-11/12 ounces each for replacement stock and 1-10/12 ounces each for broiler stock, except as otherwise specified by the purchaser of the eggs.

Each shipment of products to points outside the continental United States shall be accompanied by a properly executed Form NPIP-15F, Report of Sales of Hatching Eggs, Chicks, and Poults (For Shipment Outside the United States).

History

Statutory Authority: MS s 29.021

Minn. R. 1520.5900 Specific Provisions for Participating Flocks

Poultry houses and the land in the immediate vicinity thereof shall be kept in a sanitary condition acceptable to the department. The participating flock, its eggs, and all equipment used in connection with the flock shall be separated from nonparticipating flocks in a manner acceptable to the department and the board. All flocks shall consist of healthy, normal individuals characteristic of the breed and variety, cross, or other combination which they are stated to represent. A flock shall be deemed to be a participating flock when it meets all requirements of the department and in addition, has been officially qualified for a Minnesota-U.S. pullorum-typhoid clean classification by the board. Each bird shall be identified with dye or an approved and sealed numbered band obtained from the department.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.6000 Specific Provisions for Participating Hatcheries

Hatcheries, including brooder rooms, shall be kept in sanitary condition, acceptable to the department. The minimum requirements with respect to sanitation shall include the following: incubator walls, floors, and trays shall be kept free from broken eggs and egg shells; tops of incubators and hatchers shall be kept clean (not used for storage); entire hatchery, including sales room, shall be kept in a neat, orderly condition and free from accumulated dust; hatchery residue such as egg shells, infertile eggs, and dead germs shall be disposed of promptly; hatchers and hatching trays shall be cleaned and fumigated or disinfected after each hatch.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.6100 Minimum Requirements for Brooder Rooms

A hatchery which keeps started poultry (poultry that has been fed or watered) must keep such poultry separated from the incubator room in a manner satisfactory to the department. The minimum requirements with respect to brooder rooms shall include the following: Brooder rooms shall be separated from the incubator room by a solid partition preferably with an outside entrance; doors opening from the brooder room into any incubator area shall be kept closed at all times except when in actual use. Tops of battery brooders shall be kept clean (not used for storage). Walls, ceilings, and floors shall be kept clean at all times. Ventilation system shall be separate from the incubator room ventilation system. Dead chicks, droppings, and other refuse shall be removed and disposed of promptly.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.6200 Poultry Offered for Sale

All poultry offered for sale under plan terminology shall be normal and typical of the breed and variety, cross, or other combination represented.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.6300 Incubated Eggs

Eggs incubated shall be sound in shell, typical for the breed and variety, strain, or cross thereof and reasonably uniform in shape. Hatching eggs shall be trayed and the poultry boxed with a view to uniformity of size.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.6400 Hatcheries Operated Under Same Ownership or Management

All hatcheries within a state which are operated under the ownership or management of the same person or persons or related corporations, or in which the same person or persons have a substantial financial interest as partners or otherwise, shall participate in the plan if any of them are to participate.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.6500 Specific Provisions for Participating Dealers

Dealers in poultry breeding stock or hatching eggs or poultry shall comply with all provisions in parts 1520.5200 to 1520.7200 which apply to their operations.

History

Statutory Authority: MS s 29.021; 29.27; 31.11
History: 19 SR 75

Minn. R. 1520.6600 Supervision

The department may designate qualified persons as authorized agents to do the selecting work provided for in parts 1520.5900 and 1520.7200. The department shall employ or authorize qualified persons as state inspectors to perform or supervise the performance of the selecting of participating flocks and to perform the official inspections necessary to verify compliance with the requirements of the plan. Authorities issued under the provisions of this part shall be subject to cancellation by the official state agency on the grounds of incompetence or failure to comply with the provisions of the plan or rules of the official state agency. Such actions shall not be taken until a thorough investigation has been made by the official state agency and the authorized person has been given notice of the proposed action and the basis therefor and an opportunity to present views.

History

Statutory Authority: MS s 29.021
History: 17 SR 1279

Minn. R. 1520.6700 Inspections

Each participating hatchery shall be inspected a sufficient number of times each year to satisfy the department that the operations of the hatchery are in compliance with the provisions of the plan. Each year a sample of the flocks selected by each authorized agent shall be inspected by a state inspector. This must include the inspection of a minimum of 15 percent of the flocks of each hatchery. Each flock inspection shall include the examination of a sufficient number of males and females to determine whether the work of the authorized agent was satisfactory and that the flock is qualified for participation.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.6800 Debarment from Participation

Noncompliance with the provisions of the plan or rules of the department not corrected within the time specified by the department shall be grounds for the department to bar a participant from further participation for a period to be determined in each case by the department. Such action shall not be taken until thorough investigation has been made by the department and the participant has been given an opportunity for a hearing.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.6900 General Terminology and Classification

The official classification terms defined in parts 1520.7100 and 1520.7200 and the various designs illustrative of the official classifications may be used only by those who are participating in the plan with both the department and the board and to describe products that have met all the specific requirements of such classifications. Products produced under the plan shall lose their identity under plan terminology when they are purchased for resale by or consigned to nonparticipants.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.7000 Strain or Trade Name

Participating flocks and the eggs and poultry produced from them may be designated by their strain or trade name. When a breeder's name or strain designation is used, the participant shall be able by records to substantiate that the products so designated are from flocks that are composed of either birds hatched from eggs produced under the direct supervision of the breeder of such strain or stock multiplied by persons designated and so reported by the breeder to each official state agency concerned.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.7100 Hatcheries and Dealers Terminology and Classification

Participating hatcheries and dealers shall be designated as "Minnesota national plan hatchery" and "Minnesota national plan dealer" respectively. Each participating hatchery or dealer may be assigned a permanent approval number by the USDA. This number may appear on each invoice and shipping label for each separate sale of products. The approval number shall be withdrawn when the hatchery or dealer no longer qualifies for participation in the plan.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.7200 Flocks and Products Terminology and Classification

Participating flocks and the eggs and poultry produced from them which have met the respective requirements specified in this section may be designated by the following terms or their illustrative designs: Minnesota-U.S. approved; all males and females selected by authorized agents according to standards prescribed by the department and the Department of Animal Science, University of Minnesota Institute of Agriculture and such standards are approved by the USDA.

History

Statutory Authority: MS s 29.021

Minn. R. 1520.7300 [Repealed, 19 SR 75]

[Repealed, 19 SR 75]

Subpart 1. Record and contents.

Every licensed purchaser of milk shall maintain a record of all the quality tests made of milk as required by Minnesota Statutes 2012, section 32.411 and the rules adopted by the commissioner of agriculture, for a period of at least one year from the date of the test. The record must show the name and address of the producer and the patron's number assigned to the producer. The semimonthly record must show at least the day, month, and year the test was made.

Subp. 2. Monthly records for milk.

Tests used to analyze milk samples must comply with the current edition of Standard Methods for the Examination of Dairy Products of the American Public Health Association and the current edition of Official Methods of Analysis of the Association of Official Analytical Chemists. These tests must be conducted in a certified laboratory approved by the department.

Subp. 3.

[Repealed, 13 SR 980]

Subp. 4. Reporting of monthly test results.

Results of monthly tests must be reported back to the producer and to the regulatory agency within 21 days from the sample date to assure timely enforcement procedures. Producers whose milk is found to be out of compliance on any quality tests must be notified by the licensed purchaser and enforcement action taken.

History

Statutory Authority: MS s 31.10; 31.101; 31.11; 32.394; 32.415
History: 13 SR 980; 26 SR 627; L 2014 c 181 s 13

Minn. R. 1525.2600 Whole Milk Ricotta Cheese

Ricotta cheese is the food prepared from heated milk and other ingredients specified in parts 1525.2600 to 1525.2640, by the procedure in part 1525.2610 or by another procedure which produces a finished cheese having the same physical and chemical properties as the cheese produced when the procedure in part 1525.2610 is used. It contains not more than 80 percent of moisture and not less than 11 percent of milk fat.

History

Statutory Authority: MS s 32.484
History: 25 SR 1464

Minn. R. 1525.2610 Procedure

Milk, which may be warmed or pasteurized or both and which may be clarified or homogenized or both, is mixed with an acidifying agent prescribed by part 1525.2640. Salt may also be added. Sufficient rennet (with or without purified calcium chloride in a quantity of not more than 0.02 percent, calculated as anhydrous calcium chloride, of the weight of the milk) may be added to set the milk. The mixture is heated until a temperature of about 180 degrees Fahrenheit is reached and it is held near that temperature until the curd separates. The curd is removed by skimming or the whey is drained or siphoned off. The curd is placed in perforated containers to permit further drainage. The containers may be placed in cold water for cooling. They are then removed from the water for further drainage. Additional curd may be obtained from the whey by the further addition of an acidifying agent prescribed by part 1525.2640 or by further heating or both. The curd may be whipped or beaten to obtain a finer texture.

History

Statutory Authority: MS s 32.484
History: 25 SR 1464

Minn. R. 1525.2620 [Repealed, 43 SR 917]

[Repealed, 43 SR 917]

Minn. R. 1525.2630 Milk Used in Cheese Labeled "pasteurized."

All milk used for the manufacture of cheese which is labeled "pasteurized" must be pasteurized according to the method prescribed in this part.

Every particle of milk or milk product must be heated to one of the temperatures given in the following chart and held continuously at or above that temperature for at least the corresponding specified time:

If the fat content of the milk product is ten percent or more or it contains added sweeteners, the specified temperature must be increased by 3°C (5°F).

Ricotta cheese must be deemed not to have been prepared from properly pasteurized milk if 0.25 gram shows a phenol equivalent of more than three micrograms.

History

Statutory Authority: MS s 32.484
History: 25 SR 1464

Minn. R. 1525.2640 Acidifying Agents

The acidifying agents prescribed in part 1525.2610 are one or a mixture of two or more of the following: culture of harmless lactic-acid-producing bacteria, a vinegar, fermented whey, lactic acid, and citric acid.

History

Statutory Authority: MS s 32.484
History: 25 SR 1464

Minn. R. 1525.2650 Part-Skim Ricotta Cheese

Part-skim ricotta cheese conforms to the definition and standard of identity prescribed by parts 1525.2600 to 1525.2640 for ricotta cheese, except that it contains less than 11 percent of milk fat, but not less than six percent.

History

Statutory Authority: MS s 32.484
History: 25 SR 1464

Minn. R. 1525.2700 Whey Cheese

Whey cheese (so-called) is produced by various processes from the constituents of whey. There are a number of varieties, each of which bears a distinctive name, according to the nature of the process by which it has been produced, as for example, "Ricotta," "Zieger," "Primost," "Mysost." (Note: not defined by federal.)

History

Statutory Authority: MS s 32.484
History: 25 SR 1464

Minn. R. 1525.2890 Malted Milk, Powdered Malted Milk

"Malted milk," "powdered malted milk" is the product made by combining whole milk with the liquid separated from a mash of ground barley malt and wheat flour, with or without the addition of sodium chloride, sodium bicarbonate, and potassium bicarbonate, in such a manner as to secure the full enzymic action of the malt extract and by removing water. The resulting product contains not less than 7.5 percent of milk fat and not more than 3.5 percent of moisture.

History

Statutory Authority: MS s 31.10; 31.101; 31.11; 32.021; 32.394; 32.401; 32.415
History: 26 SR 627

History

Statutory Authority: MS s 31.10; 31.101; 31.11; 32.394; 32.415
History: 26 SR 627

"Quiescently frozen confection" means a clean and wholesome frozen product made from a mixture of water, sugar, and flavoring, with or without coloring, in the manufacture of which freezing has not been accompanied by stirring or agitation (generally known as quiescent freezing). This confection may be acidulated with harmless organic acid, may contain milk solids, may be made with or without added harmless natural and/or imitation flavoring, with or without added harmless coloring. The finished product may contain not more than one-half of one percent by weight of stabilizer composed of wholesome, edible material. The finished product shall contain not less than 17 percent by weight of total food solids.

Subp. 3. Quiescently frozen dairy confection.

"Quiescently frozen dairy confection" means a clean and wholesome frozen product made from water, milk products, and sugar, with added harmless natural and/or imitation flavoring, with or without added harmless coloring, with or without added stabilizer, and with or without added emulsifier; and in the manufacture of which freezing has not been accompanied by stirring or agitation (generally known as quiescent freezing). It contains not less than 13 percent by weight of total milk solids, not less than 33 percent by weight of total food solids, not more than one-half of one percent by weight of stabilizer and not more than one-fifth of one percent by weight of emulsifier. The stabilizer and emulsifier must be composed of wholesome, edible material.

Subp. 4. Milk products.

"Milk products" means pure, clean, and wholesome cream, dried cream, plastic cream, butter, butter oil, milk, concentrated milk from which some or all moisture is removed, sweetened condensed milk, dried milk, skim milk, concentrated skim milk from which some or all moisture is removed, sweetened condensed part skim milk, buttermilk, buttermilk product, whey, whey protein concentrate, and dry whey and shall include any of the foregoing products from which lactose or minerals have been wholly or partially removed and any other product made by the addition of any approved substance to any of these milk products and used for similar purposes and which, when designated as a milk product by the commissioner, is known by its common name.

History

Statutory Authority: MS s 31.10; 31.101; 32.021
History: 26 SR 627

Minn. R. 1525.3050 Manufacturing Limitations

These quiescently frozen confections and quiescently frozen dairy confections must be manufactured in the form of servings, individually packaged, bagged, or otherwise wrapped, properly labeled, and purveyed to the consumer in the original factory-filled package.

History

Statutory Authority: MS s 31.10; 31.101; 32.021
History: 26 SR 627

Minn. R. 1525.3060 Processing or Mixing Prior to Quiescent Freezing

In the production of these quiescently frozen confections and quiescently frozen dairy confections, no processing or mixing prior to quiescent freezing shall be used that develops in the finished confection mix any physical expansion in excess of ten percent.

History

Statutory Authority: MS s 31.10; 31.101; 32.021
History: 26 SR 627

Minn. R. 1525.3070 Pasteurization and Cooling of Mix

Mix for quiescently frozen dairy confections and for quiescently frozen confections containing milk products shall be pasteurized and cooled immediately after pasteurization in accordance with Minnesota Statutes, section 32.64, subdivisions 1 and 2, and records of such pasteurization and cooling shall be kept in accordance with Minnesota Statutes, section 32.64, subdivision 3.

History

Statutory Authority: MS s 31.10; 31.101; 32.021
History: 26 SR 627

Minn. R. 1525.3080 Bacterial Counts, Coliform Counts

At no time after pasteurization shall quiescently frozen confections containing milk products, quiescently frozen dairy confections or the mixes therefor, or quiescently frozen confections not containing milk products or the mix therefor have bacterial counts exceeding 50,000 bacteria per gram or coliform counts exceeding 20 coliforms per gram as determined in accordance with Minnesota Statutes, section 32.64, subdivision 4.

History

Statutory Authority: MS s 31.10; 31.101; 32.021
History: 26 SR 627

Minn. R. 1525.3090 Frozen Malted Milk

"Frozen malted milk" is the semifrozen food prepared from the same ingredients and in the same manner prescribed in Minnesota Statutes, section 31.101, subdivision 8, for ice cream and complies with the same provisions of Minnesota Statutes, section 31.101, subdivision 8 (including the requirements for label statement of optional ingredients), except that:

A. it contains not less than seven percent by weight of milk fat;

B. it contains not less than 14 percent by weight of total milk solids;

C. it contains not less than three percent by weight of malted milk;

D. it contains not less than 1-3/10 pounds of total food solids per gallon; and

E. the name of the food is "frozen malted milk."

History

Statutory Authority: MS s 31.10; 31.101
History: 26 SR 627

Minn. R. 1525.3100 Frozen Milk Shake

"Frozen milk shake" is the semifrozen food prepared from the same ingredients and in the same manner as prescribed in Minnesota Statutes, section 31.101, subdivision 8, for ice milk and complies with all the provisions of Minnesota Statutes, section 31.101, subdivision 8, except that:

A. it shall be sold or served only to the consumer and only in a semifrozen state; and

B. the name of the food is "frozen milk shake."

History

Statutory Authority: MS s 31.10; 31.101
History: 26 SR 627

Minn. R. 1525.3110 Frozen Malt

"Frozen malt" is the semifrozen food prepared from the same ingredients and in the same manner as prescribed in Minnesota Statutes, section 31.101, subdivision 8, for ice milk and complies with all the provisions of Minnesota Statutes, section 31.101, subdivision 8, except that:

A. it shall be sold or served only to the consumer and only in a semifrozen state;

B. it shall contain malt flavoring; and

C. the name of the food is "frozen malt."

History

Statutory Authority: MS s 31.10; 31.101
History: 26 SR 627

Minn. R. 1525.3120 Identification of Manufacturer

The number or code permitted by Minnesota Statutes, section 32.62, subdivision 1, clause (5), in lieu of the name and address of the manufacturer of mix, ice cream mix, mix base, ice cream mix base, or frozen foods when a distributor's name and address appears on the label of the package or container in which such mix, ice cream mix, mix base, ice cream mix base, or frozen foods are prepackaged for sale, shall conform to the following:

A. The identification number or code shall consist of the number from the IBM Numerical Code of States representing the state of origin followed by a hyphen and the plant number corresponding to a permanent list of numbers assigned by the state regulatory agency having jurisdiction.

B. Such number or code may be printed, embossed, or stamped on the package label.

C. If the manufacturer of the mix, ice cream mix, mix base, ice cream mix base, or frozen food cannot be identified because of the failure to use or misuse of the identity code, the product shall be deemed to be misbranded.

History

Statutory Authority: MS s 31.10; 31.101
History: 26 SR 627

[Repealed, 26 SR 627]

Minn. R. 1530.2400 [Repealed, 26 SR 627]

[Repealed, 26 SR 627]

Minn. R. 1530.2410 [Repealed, 26 SR 627]

[Repealed, 26 SR 627]

Chapter 1535 CHEESE AND CHEESE PRODUCTS

Chapter 1540 MEAT INSPECTION

Minn. R. 1540.0010 Definitions

Subpart 1. Applicability.

For the purposes of parts 1540.0010 to 1540.4520 the following words, phrases, names, and terms shall be construed, respectively, to have the meanings in subparts 2 to 28.

Subp. 2. Animal.

"Animal" means cattle, sheep, swine, Cervidae, bison, or goat.

Subp. 3.

[Repealed, 27 SR 168]

Subp. 4. Carcass.

"Carcass" means all parts, including viscera, of a slaughtered animal that are capable of being used for human food.

Subp. 5. Commercial slaughterhouse.

"Commercial slaughterhouse" means an establishment wherein animals are slaughtered and dressed and meat derived from such slaughter is sold or intended for sale as human food.

Subp. 6. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Agriculture or the commissioner's authorized agent.

Subp. 7. Custom slaughterhouse.

"Custom slaughterhouse" means an establishment wherein animals are slaughtered and dressed and all meat derived from such slaughter is returned to the owner or owners of the animal.

Subp. 8. Department.

"Department" means the Minnesota Department of Agriculture.

Subp. 9. Department employees.

"Department employees" means inspectors and all other individuals employed in or by the department who are authorized by the commissioner to do any work or perform any duty in connection with meat inspection.

Subp. 10. Division.

"Division" means the Meat Industry Division of the Minnesota Department of Agriculture.

Subp. 11. Immediate container or true container.

"Immediate container or true container" means the unit, can, pot, tin, canvas, or other receptacle or covering in which any meat or product is customarily shipped.

Subp. 12.

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Subp. 13. Inspection legend.

"Inspection legend" means a mark or a statement, authorized by these parts, on a product or on the container of a product, indicating that the product has been inspected and passed for food by an inspector.

Subp. 14. Inspector.

"Inspector" means an inspector of the department.

Subp. 15. Meat.

"Meat" means the edible part of the muscle of cattle, sheep, swine, Cervidae, bison, or goats which is skeletal or which is found in the tongue, in the diaphragm, in the heart, or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout, or ears.

Subp. 16. Meat by-product.

"Meat by-product" means any edible part other than meat which has been derived from one or more cattle, sheep, swine, or goats.

Subp. 17. Meat food product.

"Meat food product" means any article of food, or any article intended for or capable of being used as human food which is derived or prepared, in whole or in substantial and definite part, from any portion of any cattle, sheep, swine, or goat, except such articles as organotherapeutic substances, meat juice, meat extract, and the like, which are only for medicinal purposes and are advertised only to the medical profession.

Subp. 18.

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Subp. 19. Minnesota inspected and condemned, or any authorized abbreviation thereof.

"Minnesota inspected and condemned" or any authorized abbreviation thereof means that the carcasses, parts of carcasses, meat, meat products, or meat food products so marked are unsound, unhealthful, unwholesome, or otherwise unfit for human food.

Subp. 20. Minnesota Meat Inspection Act.

"Minnesota Meat Inspection Act" means Minnesota Statutes 1969, chapter 31A-1.

Subp. 21.

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Subp. 22.

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Subp. 23. Minnesota retained.

"Minnesota retained" means the carcass, viscera, part of carcass, meat, meat by-products, meat food product, or other article so marked or identified is held for further examination by an inspector to determine its disposal.

Subp. 24.

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Subp. 25. Official establishment.

"Official establishment" means any premises of a commercial slaughterhouse, retail meat market, wholesale processing establishment or sausage plant and similar place which has been designated as an official establishment by the commissioner wherein inspection and identification of animals slaughtered and of meat processed is maintained under these parts.

Subp. 26.

[Repealed, L 2012 c 244 art 2 s 36]

Subp. 27. Product.

"Product" means any part or all of meat, meat by-product, and meat food product.

Subp. 28. Shipping container or outside container.

"Shipping container or outside container" means the box, bag, barrel, crate, or other receptacle or covering enclosing any product packed in one or more immediate or true containers.

History

Statutory Authority: MS s 31.101; 31A.08
History: 17 SR 1279; L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1; 27 SR 168; L 2012 c 244 art 2 s 36

Minn. R. 1540.0020 Exemptions

Provisions of parts 1540.0010 to 1540.4520 shall apply to all slaughtering, packing, meat canning, rendering, or similar establishments in this state, in which carcasses or parts are prepared solely for intrastate commerce and which includes but is not limited to slaughterhouses, retail meat markets, wholesale meat processing establishments, frozen food processing plants, and sausage plants; provided that except as provided in item B the parts of this chapter requiring mandatory antemortem and postmortem inspection of the slaughtering of animals in the preparation of carcasses shall apply to all commercial slaughterhouses and shall not apply:

A. to the slaughtering by any person of the person's own animals and the preparation by the person and transportation in intrastate commerce of the carcasses, parts thereof, meat, and meat food products of those animals exclusively for use by the person and members of the person's household and nonpaying guests and employees; nor

B. to the custom slaughter by any person of cattle, sheep, swine, or goats delivered by the owner for slaughter, and the preparation by a slaughterer and transportation in intrastate commerce of the carcasses, parts thereof, meat, and meat food products of animals, exclusively for use in the household of the owner, by the owner and members of the owner's household and nonpaying guests and employees; provided, that all meat derived from custom slaughter of cattle, sheep, swine, Cervidae, bison, or goats shall be identified and handled as required by the commissioner, during all phases of slaughtering, chilling, cooling, freezing, preparation, storage, and transportation; provided further, that the custom slaughterer does not engage in the business of buying or selling any carcasses, parts of carcasses, meat, or meat food products of any animals capable of use as human food unless the carcasses, parts of carcasses, meat, or meat food products have been inspected and passed and are identified as having been inspected and passed by the Minnesota Department of Agriculture or the United States Department of Agriculture.

History

Statutory Authority: MS s 31.101; 31A.08
History: 17 SR 1279; 27 SR 168

Minn. R. 1540.0030 Examination and Inspection

The commissioner may cause to be made, by inspectors, an examination and inspection of any animal in a slaughterhouse including custom slaughterhouses and any animals found on inspection in any custom slaughterhouse to show symptoms of disease shall be disposed of in the same manner as is prescribed for such animals in an official establishment.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0040 Sanitation, Adulteration, and Misbranding Provisions

The sanitation, adulteration, and misbranding provisions of parts 1540.0010 to 1540.4520 shall apply to articles which are exempted from mandatory inspection under parts 1540.0010 to 1540.4520.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0050 Sale of Inspected Meat Only

No person shall sell, offer for sale, or have in possession with intent to sell any meat or meat food products unless such products have been inspected and passed by the USDA or by the Minnesota Department of Agriculture.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0060 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0070 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0080 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0090 Federally Inspected Establishments

Parts 1540.0010 to 1540.4520 shall not apply to a federally inspected establishment provided, however, that federally inspected establishments may also apply for designation as an official establishment, under these rules. In determining the qualification for designation of a federally inspected establishment the commissioner shall approve the facilities and inspectional procedures of such federally inspected establishments as being in full compliance with these parts.

When necessary funds and personnel are not available to render service under these parts to all applicants the commissioner shall consider the best interests of the state and shall designate state approved municipal or county inspection service and designate official processing establishments as the commissioner sees fit.

History

Statutory Authority: MS s 31A.08
History: 17 SR 1279

Minn. R. 1540.0100 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0110 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0120 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0130 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0140 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0150 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0160 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0170 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0180 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0190 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0200 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0210 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0220 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0230 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0240 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0250 Reports of Violations of Rules

Inspectors and other department employees shall report all violations and failure of which they have knowledge, to the commissioner.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0260 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0270 Access to Establishments

For the purpose of any examination or inspection necessary to enforce any of the provisions of these parts, department employees shall have access at all times, by day or night, whether the establishment is operated or not, to every part of any official establishment to which they are assigned.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0280 Identification of Inspectors

Each department employee will be furnished an official identification card which the employee shall not allow to leave the employee's possession. This identification card shall be sufficient identification to entitle the employee to admittance at all regular entrances and to all parts of the establishment and premises to which assigned.

History

Statutory Authority: MS s 31A.08
History: 17 SR 1279

Minn. R. 1540.0290 Assignment of Inspectors Where Family Members Employed

Except as specifically authorized by the commissioner, no department employee shall be detailed for duty at an establishment where any member of the employee's family is employed by the establishment, nor shall any inspector acting in a supervisory capacity be continued on duty at an official district where any member of the inspector's family is employed by any establishment under the inspector's jurisdiction.

History

Statutory Authority: MS s 31A.08
History: 17 SR 1279

Minn. R. 1540.0300 Soliciting Employment

Department employees are forbidden to solicit, for any person, employment at any official establishment, or by any officer, manager, or employee thereof.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0310 Interference with or Abuse of Inspectors

No person shall resist, intimidate, delay, obstruct, hamper, abuse, or interfere with any inspector in the discharge or attempt to discharge any duty of office, nor shall any person attempt by means of any threat or violence to deter or prevent any inspector from performing duties.

History

Statutory Authority: MS s 31A.08
History: 17 SR 1279

Minn. R. 1540.0320 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0330 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0340 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0350 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0360 Facilities and Conditions to Be Provided by Establishment

When required by the commissioner, the following facilities and conditions, and such others as may be essential to efficient conduct of inspection and maintenance of sanitary conditions shall be provided by each establishment.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0370 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0380 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0390 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0400 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0410 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0420 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0430 Cleansing, Disinfecting, and Sterilizing

Adequate arrangements, including liquid soap and cleansers, for cleansing and disinfecting hands, for sterilizing all implements used in dressing diseased carcasses, floors, and such other articles and places as may be contaminated by diseased carcasses or otherwise.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0440 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0450 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0460 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0470 Facilities for Disposal of Condemned Articles

Adequate facilities, including denaturing materials, for the proper disposal of condemned articles in accordance with these rules. Tanks or other rendering equipment which, under these rules, must be sealed, shall be properly equipped for sealing as may be specified by the commissioner.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0480 Docks and Receiving Rooms for Receipt and Inspection of Meat and Products

Docks and receiving rooms, to be designated by the establishment, with the approval of the inspector, for the receipt and inspection of all meat and products as provided in part 1540.4140.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0490 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0500 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0510 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0520 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0530 Requirements for Sanitary Conditions for Establishments and Premises

Establishments and premises on or in which animals are slaughtered or in which any meat or product is prepared or handled, shall be maintained in sanitary condition, and to this end the requirements of parts 1540.0540 to 1540.0630 shall be complied with.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0540 Light and Ventilation

There shall be abundant light, both natural and artificial, of good quality and well distributed, and sufficient ventilation for all rooms and compartments, to insure sanitary condition.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0550 Drainage and Plumbing

There shall be an efficient drainage and plumbing system for the establishment and premises, and all drains and gutters shall be properly installed with approved traps and vents.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0560 Water Supply

The water supply shall be ample, clean, and potable, with adequate facilities for its distribution in the plant and its protection against contamination and pollution. Every establishment shall make known and, whenever required, shall afford opportunity for inspection of the source of its water supply, the storage facilities, and the distribution system. Equipment using potable water shall be so installed as to prevent back-siphonage into the potable water system. Nonpotable water is permitted only in those parts of the establishments where no edible product is handled or prepared, and then only for limited purposes such as on ammonia condensers not connected with the potable water supply, in vapor lines serving inedible product rendering tanks, in connection with equipment used for hashing and washing inedible products preparatory to tanking, and in sewer lines moving heavy solids in the sewage. Nonpotable water is not permitted for washing floors, areas, or equipment involved in trucking materials to and from edible products departments, nor is it permitted in hog scalding vats, dehairing machines, or vapor lines serving edible product rendering equipment, or for cleanup of shackling pens, bleeding areas, or runways within the slaughtering department. In all cases, nonpotable water lines shall be clearly identified and shall not be cross-connected with the potable water supply unless this is necessary for fire protection and such connection is of a type with an adequate break to assure against accidental contamination, and is approved by the commissioner.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0570 Reuse of Water

Inspectors may permit the reuse of water in vapor lines leading from deodorizers used in the preparation of lard and similar edible products and in equipment used for the chilling of canned products after retorting, provided the reuse is for the identical original purpose and the following precautions are taken to protect the water that is reused:

A. All pipe lines, reservoirs, tanks, cooling towers, and like equipment employed in handling the reused water are so constructed and installed as to facilitate their cleaning inspection.

B. Complete draining and disposal of the reused water, effective cleaning of the equipment, and renewal with fresh, potable water is accomplished at such intervals as may be necessary to assure an acceptable supply of water for the purpose intended.

C. Effective chlorination (not less than approximately one part per million of residual chlorine at any point within the cooling system) of the reused water utilized for cooling canned product is maintained but with the understanding that chlorination alone is not to be relied upon entirely or to be accepted in lieu of the requirements listed in items A and B.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0580 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1540.0590 Hot Water Under Pressure

Hot water for cleaning rooms and equipment shall be delivered under pressure to sufficient convenient outlets and shall be of such temperature as to accomplish a thorough cleanup.

History

Statutory Authority: MS s 31.101; 31A.08
History: 27 SR 260

Minn. R. 1540.0600 Parts of Structures

The floors, walls, ceilings, partitions, posts, doors, and other parts of all structures shall be of such materials, construction, and finish as will make them susceptible of being readily and thoroughly cleaned. The floors shall be kept watertight. The rooms and compartments used for edible products shall be separate and distinct from those used for inedible products.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0610 Rooms and Compartments

The rooms and compartments in which any meat or product is prepared or handled shall be free from dust and odors from dressing and toilet rooms, catch basins, hide cellars, casing rooms, inedible tank and fertilizer rooms, and livestock pens.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0620 Exclusion of Flies, Rats, Mice, and Other Vermin

Every practicable precaution shall be taken to exclude flies, rats, mice, and other vermin from establishments. The use of poisons for any purpose in rooms or compartments where any unpacked product is stored or handled is forbidden, except under such restrictions and precautions as the commissioner may prescribe. The use of bait poisons in hide cellars, inedible compartments, outbuildings, or similar places, or in storerooms containing canned or tierced products is not forbidden, but only those approved by the commissioner may be used. So-called rat viruses shall not be used in any part of an establishment or the premises thereof.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0630 Exclusion of Dogs and Cats

Dogs and cats shall be excluded from establishments.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0635 Sanitary Facilities and Accommodations

Adequate sanitary facilities and accommodations shall be furnished by every establishment. Of these the following are specifically required.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0640 Dressing Rooms, Toilet Rooms, and Urinals

Dressing rooms, toilet rooms, and urinals shall be sufficient in number, ample in size, and conveniently located. The rooms shall be provided with windows to admit direct, natural light and shall have adequate facilities for artificial light. They shall be properly ventilated and meet all requirements as to sanitary construction and equipment. They shall be separate from the rooms and compartments in which products are prepared, stored, or handled. Where both sexes are employed, separate facilities shall be provided.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0650 Lavatory Accommodations

Modern lavatory accommodations, including running hot and cold water, soap, towels, etc. These shall be placed in or near toilet and urinal rooms and also at such other places in the establishment as may be essential to assure cleanliness of all persons handling any meat or product.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0660 Toilet Soil Lines

Toilet soil lines shall be separate from house drainage lines to a point outside the buildings and drainage from toilet bowls and urinals shall not be discharged into a grease catch basin.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0670 Facilities for Disinfecting and Cleansing Utensils and Hands

Properly located facilities for disinfecting and cleansing utensils and hands of all persons handling any meat or product.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0680 Easily Cleanable Equipment

Equipment and utensils used for preparing, processing, and otherwise handling any product shall be of such materials and construction as will make them susceptible of being readily and thoroughly cleaned and such as will insure strict cleanliness in the preparation and handling of all products. So far as is practicable, such equipment shall be made of metal or other impervious material. Trucks and receptacles used for inedible materials shall be of similar construction and shall bear some conspicuous and distinctive mark, and shall not be used for handling edible products.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0690 Scabbards for Knives

Scabbards and similar devices for the temporary retention of knives, steels, triers, etc., by workers and others at inspected establishments shall be constructed of rust-resisting metal or other impervious material, shall be of a type that may be readily cleaned, and shall be kept clean.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0700 Cleanliness and Sanitation of Parts of Establishment

Rooms, compartments, places, equipment, and utensils used for preparing, storing, or otherwise handling any product, and all other parts of the establishment, shall be kept clean and in sanitary condition. There shall be no handling or storing of materials which create an objectionable condition in rooms, compartments, or places where product is prepared, stored, or otherwise handled.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0710 Cleanly and Sanitary Methods for Operations and Procedures

Operations and procedures involving the preparation, storing, or handling of any product shall be strictly in accord with cleanly and sanitary methods.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0720 Steam, Vapors, and Moisture

Rooms and compartments in which inspections are made and those in which animals are slaughtered or any product is processed or prepared shall be kept sufficiently free of steam and vapors to enable department employees to make inspections and to insure cleanly operations. The walls, ceilings, and overhead structures of rooms and compartments in which product is prepared, handled, or stored shall be kept reasonably free from moisture.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0730 Cleanliness of Hands and Implements

Butchers and others who dress or handle diseased carcasses or parts shall, before handling or dressing other carcasses or parts, cleanse their hands with liquid soap and hot water, and rinse them in clean water. Implements used in dressing diseased carcasses shall be thoroughly cleansed in boiling water or in a prescribed disinfectant, followed by rinsing in clean water. The employees of the establishment who handle any product shall keep their hands clean and in all cases after visiting the toilet rooms or urinals shall wash their hands before handling any product or implement used in the preparation of product.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0740 Aprons, Frocks, and Other Outer Clothing

Aprons, frocks, and other outer clothing worn by persons who handle any product shall be of material that is readily cleansed and only clean garments shall be worn.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0750 Prohibited Practices

Such practices as spitting on whetstones; spitting on the floor; placing skewers, tags, or knives in the mouth; inflating lungs or casings; or testing with air from the mouth such receptacles as tierces, kegs, casks, and the like, containing or intended as containers of any product, are prohibited. Only mechanical means may be used for testing. Care shall be taken to prevent the contamination of products with perspiration, hair, cosmetics, medicaments, and the like.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0760 Protective Coverings for Products

Inspectors shall require the use of such protective coverings for product as it is distributed from establishments as will afford adequate protection for the product against dust, dirt, insects, and the like, considering the means intended to be employed in transporting the product from the establishment.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0770 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0780 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0790 Inspection and Sanitation of Vehicles

Vehicles used by establishments in transporting meat and product shall be regularly inspected for cleanliness and shall be kept free of all soil, accumulated grease, or debris. When required such vehicles shall be thoroughly cleansed with hot water or steam and suitable detergent, followed by rinsing with clean water. Should any such vehicle or the meat or product being transported therein become soiled or otherwise insanitary due to accident, adverse weather, or any other causes, then such vehicle and cargo shall be restored to a sanitary condition and shall be reinspected by an inspector stationed at an official establishment before final delivery is made of cargo affected. No unwrapped or unpackaged meat or product shall be permitted to contact the floor of such vehicles.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0800 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0810 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0820 Inspection and Cleaning of Secondhand Tubs, Barrels, and Boxes

Secondhand tubs, barrels, and boxes intended for use as containers of any meat or product shall be inspected when received at the establishment and before they are cleaned. Those showing evidence of misuse rendering them unfit to serve as containers for food products shall be rejected. The use of those showing no evidence of previous misuse may be allowed after they have been thoroughly and properly cleaned. Steaming, after thorough scrubbing and rinsing, is essential to cleaning tubs and barrels.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0830 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0840 Inedible Operating and Storage Rooms, Outer Premises

All operating and storage rooms and departments of establishments used for inedible materials shall be maintained in acceptably clean condition. The outer premises of every establishment, embracing docks and areas where cars and vehicles are loaded, and the driveways, approaches, yards, pens, and alleys, shall be properly paved and drained, and kept in clean and orderly condition.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0850 Catch Basins; Nuisance

All catch basins on the premises shall be of such construction and location and shall be given such attention as will insure their being kept in acceptable condition as regards odors and cleanliness. Catch basins shall not be located in departments where product is prepared, handled, or stored. The accumulation on the premises of establishments of any material in which flies may breed, such as hog hair, bones, paunch contents, or manure, is forbidden. No nuisance shall be allowed in any establishment or on its premises.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0860 Employment of Persons with Diseases

No establishment shall employ, in any department where any meat or meat product is handled or prepared, any person affected with tuberculosis or other communicable disease in a transmissible stage.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.0870 Rejection of Insanitary Equipment, Utensils, Rooms, or Compartments

When, in the opinion of a department employee, any equipment, utensil, or room at any slaughterhouse, retail meat market, wholesale meat processing plant, frozen food processing plant, or sausage plant is unclean or its use would be in violation of any of parts 1540.0010 to 1540.4520, the employee will attach a "Minnesota rejected" tag thereto. No equipment, utensil, or room so tagged shall be used until made acceptable and the tag removed. Such tag so placed shall not be removed by anyone until the equipment, utensil, or room so tagged has been placed in acceptable condition.

History

Statutory Authority: MS s 31A.08
History: 17 SR 1279

Minn. R. 1540.0880 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0890 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0900 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0910 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0920 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0930 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0940 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0950 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0960 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0970 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0980 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.0990 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1000 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1005 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1010 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1020 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1030 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1040 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1050 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1060 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1070 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1080 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1090 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1100 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1110 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1120 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1130 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1140 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1150 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1160 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1170 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1180 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1190 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1200 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1210 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1220 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1230 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1240 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1250 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1255 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1260 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1270 Condemned Carcasses and Parts

Each carcass or part which is found on final inspection to be unsound, unhealthful, unwholesome, or otherwise unfit for human food shall be conspicuously marked on the surface tissues thereof by a department employee at the time of inspection, "Minnesota inspected and condemned." Condemned detached organs and parts of such character that they cannot be so marked shall be placed immediately in trucks or receptacles which shall be kept plainly marked "Minnesota inspected and condemned" in letters not less than two inches high. All condemned carcasses, parts, and organs shall remain in the custody of a department employee and shall be tanked as required in this chapter at or before the close of the day on which they are condemned, or be locked in the "Minnesota condemned" room or compartment. Condemned articles shall not be allowed to accumulate unnecessarily in the condemned room or compartment.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.1280 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1290 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1300 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1310 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1320 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1330 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1340 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1350 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1360 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1370 Cleaning of Carcasses with Skin or Hide Left on

When a carcass is to be dressed with the skin or hide left on, the skin or hide shall be thoroughly washed and cleaned before any incision is made for the purpose of removing any part thereof or evisceration, except that where calves are slaughtered by the kosher method, the heads shall be removed from the carcasses before washing of the carcasses. All hair, scurf, and dirt, including all hoofs and claws, shall be removed from hog carcasses, and the carcasses thoroughly washed and cleaned, before any incision is made for inspection or evisceration.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.1380 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1390 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1540.1400 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1410 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1420 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1430 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1440 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1450 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1460 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1470 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1480 Disposal of Diseased Carcasses and Parts

The carcasses or parts of carcasses of all animals slaughtered at an official establishment and found at the time of slaughter or at any subsequent inspection to be affected with any of the diseases or conditions named in parts of this chapter shall be disposed of according to the parts of this chapter pertaining to the disease or condition. Owing to the fact that it is impracticable to formulate rules covering every case and to designate at just what stage a process becomes loathsome or a disease noxious, the decision as to the disposal of all carcasses, parts, or organs not specifically covered by parts 1540.0010 to 1540.4520 shall be left to the inspector. In cases of doubt as to a condition, a disease, or the cause of a condition, or to confirm a diagnosis, representative specimens of the affected tissues properly prepared and packaged should be sent to the department laboratories for examination.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.1490 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1500 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1510 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1520 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1530 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1540 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1550 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1560 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1570 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1580 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1590 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1600 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1610 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1620 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1630 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1640 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1650 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1660 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1670 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1680 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1690 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1700 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1710 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1720 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1730 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1740 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1750 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1760 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1770 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1780 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1790 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1800 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1810 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1820 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1830 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1840 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1850 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1860 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1870 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1880 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1890 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1900 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1905 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1910 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1920 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1930 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1940 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1950 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1960 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1970 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1980 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.1990 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2000 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2010 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2015 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2020 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2030 Animals Slaughtered Without Antemortem and Postmortem Inspection

Except as provided under provisions for custom processing in parts 1540.4455 to 1540.4490; no carcass of an animal which has not had antemortem and postmortem inspection in accordance with these parts shall be brought into an official establishment.

History

Statutory Authority: MS s 31.101; 31A.08
History: 27 SR 260

Minn. R. 1540.2040 Separation of Tanks, Rooms, and Equipment Used for Inedible Products from Those Used for Edible Products

All tanks and equipment used for rendering, preparing, or storing inedible products shall be in rooms or compartments separate from those used for rendering, preparing, or storing edible products. There shall be no connection between rooms or compartments containing inedible products and those containing edible products, except that there may be one connecting doorway between the slaughtering or viscera separating department and the tank charging room of the inedible products rendering department. Pipes and chutes installed in accordance with the requirements of the commissioner may be used to convey inedible and condemned material from edible product departments to inedible product departments.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2050 Suppression of Odors

Tanks, fertilizer dryers, and other equipment used in the preparation of inedible products shall be properly equipped with condensers and other appliances which will acceptably suppress odors incident to such preparation.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2060 Conveyance to Inedible Product Tank

In conveying to the inedible product tank carcasses of animals which have been condemned on antemortem inspection, they shall not be taken through rooms or compartments in which product is prepared, handled, or stored.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2070 Dead Animal Carcasses

With the exception of dead animals which have died en route and are received with animals for slaughter at an establishment, no dead animal may be brought on the premises of an establishment unless advance permission therefor is obtained from the commissioner. Under no circumstances shall the carcass of any animal which has died otherwise than by slaughter be brought into any room or compartment in which any product is prepared, handled, or stored.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2080 Inedible Fats from Outside of Establishments

Inedible fats from outside the premises of an official establishment shall not be received except into the tank room provided for inedible products, and then only when their receipt into the tank room produces no insanitary condition on the premises nor shall such fats be received in such volume as interferes with prompt disposal of inedible or condemned material produced at the establishment. When received, they shall not enter any room or compartment used for edible products.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2090 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2100 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2110 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2120 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2130 Inedible Rendered Fats

Rendered animal fat derived from inedible or condemned materials and possessing the physical characteristics of color, odor, and taste of an edible product shall be denatured to effectually distinguish it from an edible product either with low grade offal during the rendering or by adding to, mixing thoroughly with, such fat denaturing oil, No. 2 fuel oil, or brucine dissolved in a mixture of alcohol and pine oil or oil of rosemary.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2140 Disposition of Condemned Meat or Product at Official Establishments Having No Tanking Facilities

Any carcass or product condemned at an official establishment which has no facilities for tanking shall be denatured with crude carbolic acid, cresylic disinfectant, or other prescribed agent, or be destroyed by incineration under the supervision of a department employee. When such carcass or product is not incinerated it shall be slashed freely with a knife, before the denaturing agent is applied.

Carcasses and products condemned on account of anthrax, which are derived therefrom at establishments which are not equipped with tanking facilities shall be disposed of by complete incineration, or by thorough denaturing with a prescribed denaturant, and then disposed of in accordance with the requirements of the Board of Animal Health, who shall be notified immediately by the inspector in charge.

History

Statutory Authority: MS s 31A.08
History: L 1995 c 233 art 4 s 1; L 1995 c 248 art 4 s 1

Minn. R. 1540.2150 Specimens for Educational Purposes

Specimens of diseased, condemned, and inedible materials, including pig or lamb embryos and specimens of animal parasites, may be released for educational purposes by the commissioner; provided, that the party desiring such specimens makes a written application for same, stating the use to be made of them; and provided further, that the applicant arranges with and receives permission from the official establishment to obtain the specimens. If the application is satisfactory, the commissioner shall issue a permit authorizing the removal of the specimens. Such permits shall be numbered and issued for not beyond the then current calendar year.

History

Statutory Authority: MS s 31A.08
History: 17 SR 1279

Minn. R. 1540.2160 Applications for Release of Material for Research and Other Purposes

Specimens of diseased, condemned, and inedible materials, including pig or lamb embryos and specimens of animal parasites, may be released for research and other purposes when authorized by the commissioner; provided, that the applicant for such specimens shall have arranged with and received permission from the official establishment to obtain them. The application to the department for the release of such material for research purposes should include the following information: the name of the organization or individual conducting the research; the name of the official establishment from which the material is to be obtained; and the kind and amount of material desired. In addition, the application should contain a statement that the material will be used for research purposes only and that the organization or individual conducting the research assumes full responsibility for the results of research involving this material.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2170 Collection and Handling of Specimens

The collection and handling of the specimens referred to in parts 1540.2150 and 1540.2160 shall be at such time and place and in such manner as not to interfere with the inspection or to cause any objectionable condition.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2180 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2190 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2200 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2210 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2220 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2230 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2240 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2250 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2260 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2270 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2280 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2290 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2300 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2310 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2320 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2325 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2330 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2340 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2350 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2360 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2370 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2380 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2390 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2400 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2410 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2420 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2430 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2440 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2450 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2460 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1540.2470 Marking for Certain Added Ingredients

When cereal, vegetable starch, starchy vegetable flour, soya flour, dried milk, or nonfat dry milk is added to sausage, the product shall be marked with the name of each of such added ingredients, as for example, "cereal added," "potato flour added," "cereal and potato flour added," "soya flour added," "nonfat dry milk added," "cereal and nonfat dry milk added," etc., as the case may be. On sausage of the smaller varieties, the marking prescribed in this part may be limited to links bearing the inspection legend.

History

Statutory Authority: MS s 31.101; 31A.08
History: 27 SR 260

Minn. R. 1540.2480 Marking for Antioxidants

When approved antioxidants are added to unsmoked dried sausage in casings the product shall be legibly and conspicuously marked in an approved manner to show their presence and the purpose for which they are added, for example, with the statement "oxygen interceptor added to improve stability."

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2490 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2500 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2510 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2520 Marking Product with the List of Ingredients

A product fabricated from two or more ingredients shall bear a list of the ingredients, giving the common or usual names of the ingredients arranged in the order of their predominance, except that spices may be designated as "spices" or "flavorings," and flavorings (including essential oils, oleoresins, and other spice extractives) may be designated as "flavorings" without naming each. The list of ingredients shall be applied legibly and securely to the product by means approved by the commissioner, such as stamping, printing, or the use of paper bands, tags, or tied-in paper or fabric flaps on stuffed sausage, or tissue strips on loaf-like articles; provided, that product for which a definition and standard of identity has been prescribed which conforms to such definition and standard, and which bears the name specified in the definition and standard, together with such declaration of optional ingredients and other labeling features as are required by the applicable definition and standard, need not bear a list of ingredients; provided further, that bockwurst and sausages of the smaller varieties, such as frankfurters and pork sausage, shall bear the list of ingredients at least once on each two pounds of product; provided further, that when such product is distributed from an official establishment in an immediate or true container of a type and size customarily sold at retail intact, the list of ingredients on the label of the package shall be sufficient; and provided further, that when sausages of the smaller varieties are shipped to another official establishment for further processing, the list of ingredients need appear only twice throughout the contents of containers and when so shipped may be omitted from the contents of containers of ten-pound size or less. When such products are shipped to another official establishment for further processing, the inspector at the point of origin shall identify the shipment to the inspector at destination.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2530 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2540 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2550 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2560 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2570 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2580 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2590 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2600 Marking and Denaturing of Inedible Grease

Inedible grease, inedible tallow, or other inedible animal fat, or mixture containing such fat, having the physical characteristics of an edible product shall be denatured or otherwise destroyed for food purposes. Containers of such inedible grease, inedible tallow, or other inedible fat shall be marked conspicuously with the word "inedible." Such containers as tierces, barrels, and half barrels shall have both ends painted white with durable paint, if necessary, to provide a contrasting background, and the work "inedible" marked thereon in letters not less than two inches high, while on tank cars the letters shall not be less than four inches high.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2610 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2620 Uninspected Rendered Animal Fat

Uninspected rendered animal fat, or mixtures containing such fat, having the physical characteristics of an edible product may be shipped if handled as provided in part 1540.2600 for inedible fat having the physical characteristics of an edible product.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2630 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2640 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2650 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2660 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2670 Contents of Labels

Labels shall contain, prominently and informatively displayed: the true name of the product; the word "ingredients" followed by a list of the ingredients when the product is fabricated from two or more ingredients, except in the case of products for which definitions and standards of identity have been prescribed under these parts; the name and place of business of the manufacturer, packer, or person for whom the product is prepared; an accurate statement of the quantity of contents; and an inspection legend and the number of the establishment in the form shown herewith, on that portion of the label featuring the name of the product, or when there are two or more panels, then on the principal display panels; provided, that the name and place of business of the manufacturer, packer, or person for whom the product was prepared may be omitted from labels for product not required to be labeled under part 1540.2520; provided further, that the establishment number may be omitted from labels on cartons used as outer containers of edible fats, such as lard and oleomargarine, when such articles are enclosed in wrappers which bear an inspection legend and establishment number; and from a label lithographed directly on a can bearing the embossed or lithographed establishment number; and provided further, that a metal container on which an inspection legend is or lithographed may, with the approval of the commissioner, bear an inspection legend of different design and in abbreviated form.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2680 Name of Product

The name of a product shall be the common name, if any, and one which clearly and completely identifies the article. Product which has been prepared by salting, smoking, drying, cooking, chopping, and the like shall be so described on the label unless the name on the article implies, or the manner of packaging shows, that the product was subjected to such procedure or procedures. The unqualified terms "meat," "meat by-product," "meat food product," and terms common to the meat industry but not to consumers such as "picnic," "butt," "cala," "square," "loaf," "spread," "delight," "roll," "plate," "luncheon," and "daisy" shall not be used as names of articles unless accompanied with terms descriptive of the product or with a list of ingredients.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2690 List of Ingredients

The list of ingredients shall appear as part of or in addition to the true name of the product and shall show the common or usual name of the ingredients arranged in the order of their predominance, except that spices may be designated as "spices" or "flavorings," and flavorings including essential oils, oleoresins, and other spice extractives may be designated as "flavorings" without naming each. The name of an ingredient shall not be a collective name but shall be a specific name, as, for example, "beef," "pork," "beef tripe," "sheep livers," "pork snouts," "flour," "corn flour," "potato flour," "water," "nonfat dry milk," "tomato puree," and "beef broth"; provided, that when a product is coated with pork fat, gelatin, or other approved substance and a specific declaration of such coating appears in connection with the name of the product, the ingredient statement need not make reference to the ingredients of such coating; and provided further, that when the label bears the designation "compound" or "shortening" the term "animal and vegetable fats" or "vegetable and animal fats" may be employed to designate the ingredients of mixtures of such edible fats. "Animal fats" as used herein means inspected and passed fat derived from cattle, sheep, swine, or goats.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2700 Name of Manufacturer or Packer

The name of the manufacturer or packer may appear without qualification on the label or the container of product. When the name of the manufacturer or packer is not that under which inspection is granted at the establishment but is the name of a tenant operating in the establishment, full information identifying the tenant and the scope of operations shall be furnished to the commissioner. When the product is not prepared by the person whose name appears on the label, the name shall be qualified by a phrase which reveals the connection such person has with such product, as for example, "prepared for __________."

History

Statutory Authority: MS s 31A.08
History: 17 SR 1279

Minn. R. 1540.2710 Statement of Quantity

The statement of quantity shall represent in terms of avoirdupois weight or liquid measure the quantity of product in the package exclusive of materials packed with it. When no general consumer usage to the contrary exists, the statement shall be in terms of liquid measure if the product is liquid or in terms of weight if the product is solid, semisolid, viscous, or a mixture of solid and liquid. Unless the statement is so qualified as to show that it expresses the minimum quantity, it shall be taken to express the actual quantity. When the statement expresses the minimum quantity, no variation below the stated minimum shall be permitted, and variations above the stated minimum shall be no greater than consistent with filling the container to the stated minimum in accordance with good commercial practice. When the statement expresses actual quantity, variations incident to packing in accordance with good commercial practice shall be allowed but the average shall not be less than the quantity stated; provided, that packages of product having a capacity of less than one-half avoirdupois or less than one-half fluid ounce shall not be required to be labeled with the statement of the quantity of contents.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2720 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2730 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2740 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2750 Statement Such as "keep Refrigerated."

Meat and meat food products packaged in consumer-size impervious film containers which are usually displayed in self-service refrigerated counters shall have a statement such as "keep refrigerated" prominently displayed on the principal display panel of the label.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2760 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2770 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2780 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2790 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2800 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2810 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2820 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2830 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2840 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.2850 Established Trade Names

No product, and no container thereof, shall be labeled with any false or deceptive name, but established trade names which are usual to such articles and are not false or deceptive and which have been approved by the commissioner may be used.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2860 Label for Product Which Is in Imitation of Another Food

A label for product which is in imitation of another food shall bear the word "imitation" immediately preceding the name of the food imitated and in the same size and style of lettering as in that name and immediately thereafter the word "ingredients" and the names of the ingredients arranged in the order of their predominance.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2870 False Impression or False Indication of Origin or Quality

No statement, word, picture, design, or device which conveys any false impression or gives any false indication of origin or quality shall appear on any label. For examples, see parts 1540.2880 to 1540.3130.

History

Statutory Authority: MS s 31.101; 31A.08
History: 27 SR 260

Minn. R. 1540.2880 Terms Having Geographical Significance

Terms having geographical significance with reference to a locality other than that in which the product is prepared may appear on the label only when qualified by the word "style," "type," or "brand," as the case may be, in the same size and style of lettering as in the geographical term and accompanied with a prominent qualifying statement identifying the country, state, territory, or locality in which the product is prepared, using terms appropriate to effect the qualification. When the word "style" or "type" is used, there must be a recognized style or type of product identified with and peculiar to the locality represented by the geographical term and the product must possess the characteristics of such style or type. The word "brand" shall not be used in such a way as to be false or deceptive; provided, that a geographical term which has come into general usage as a trade name and which has been approved by the commissioner as being a generic term may be used without the qualifications provided for in this part. The terms "frankfurter," "Vienna," "bologna," "Lebanon bologna," "braunschweiger," "thuringer," "Genoa," "Leona," "Berliner," "Holstein," "Goteborg," "Milan," "Polish," and their modifications, as applied to sausages, the terms "Brunswick," and "Irish" as applied to stews, and the term "Boston" as applied to pork shoulder butts, need not be accompanied with the word "style," "type," or "brand" or a statement identifying the locality in which the product is prepared.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2890 Such Terms as "farm" and "country."

Such terms as "farm," "country," and the like shall not be used on labels in connection with products unless such products are actually prepared on the farm or in the country; provided, that if the product is prepared in the same way as on the farm or in the country these terms, if qualified by the word "style" in the same size and style of lettering, may be used; provided further, that the term "farm" may be used as part of a brand designation when qualified by the word "brand" in the same size and style of lettering, and followed with a statement identifying the locality in which the product is prepared. Sausage containing cereal shall not be labeled "farm style" or "country style," and lard not rendered in an open kettle shall not be designated as "farm style" or "country style."

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2900 Name and Place of Business of Manufacturer, Packer, or Distributor

The requirement that the label shall contain the name and place of business of the manufacturer, packer, or distributor shall not be considered to relieve any establishment from the requirement that its label shall not be misleading in any particular.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2910 Spring Lamb or Genuine Spring Lamb

The term "spring lamb" or "genuine spring lamb" is applicable only to carcasses of new-crop lambs slaughtered during the period beginning in March and terminating not beyond the close of the week containing the first Monday in October.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2920 Coverings

Coverings shall not be of such color, design, or kind as to be misleading or deceptive with respect to color, quality, or kind of product to which they are applied. For example, transparent or semitransparent coverings for such articles as sliced bacon or pork sausage shall not bear lines or other designs of red or other color which give a false impression of leanness of the meat or product.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2930 Fresh

The word "fresh" shall not be used on labels to designate a product which contains any sodium nitrate, sodium nitrite, potassium nitrate, potassium nitrite, or which has been salted for preservation.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2940 Spice, Spices, and Spiced

The words "spice," "spices," and "spiced," without qualification, shall not be used unless they refer to genuine natural spices.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2950 Gelatin

As used on labels of meat or product, the term "gelatin" shall mean the jelly prepared in official establishments by cooking pork skins, tendons, or connective tissue from an inspected and passed product, and dry commercial gelatin or the jelly resulting from its use.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2960 Loaf

Product other than canned product labeled with the term "loaf" as its name or part of its name shall be prepared in loaf form.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2970 Baked

The term "baked" shall apply only to the product which has been cooked by the direct action of dry heat and for a sufficient time to permit the product to assume the characteristics of a baked article, such as the formation of a brown crust on the surface, rendering out of surface fat, and the caramelization of the sugar if applied. Baked loaves shall be heated to a temperature of at least 160 degrees Fahrenheit and baked pork cuts shall be heated to an internal temperature of at least 170 degrees Fahrenheit.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2980 Browned Product

When product such as loaves is browned by dipping in hot edible oil or by a flame, its label shall state such fact, the words "browned in hot cottonseed oil" or "browned by a flame," as the case may be, appearing as part of the name of product.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.2990 Meat

The term "meat" and the names of particular kinds of meat, such as beef, veal, mutton, lamb, and pork, shall not be used in such manner as to be misleading or deceptive.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3000 Ham

The word "ham," without any prefix indicating the species of animal from which derived, shall be used on labels only in connection with pork hams. Ham shanks as such or ham shank meat as such or the trimmings accruing in the trimming and shaping of hams shall not be labeled "ham" or "ham meat" without qualification. When used in connection with a chopped product the term "ham" or "ham meat" shall not include the skin.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3010 Shankless and Hockless

The terms "shankless" and "hockless" shall apply only to hams and pork shoulders from which the shank or hock has been completely removed, thus eliminating the entire tibia and fibula, or radius and ulna, respectively, together with the overlying muscle, skin, and other tissue.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3020 Such Terms as "meat Extract" or "extract of Beef."

Such terms as "meat extract" or "extract of beef" without qualification shall not be used on labels in connection with products prepared from organs or parts of the carcass other than fresh meat. Extracts prepared from any parts of the carcass other than fresh meat shall not be labeled "meat extract" but may be properly labeled with the true name of the parts from which prepared. In the case of extract in fluid form, the word "fluid" shall also appear on the label, as, for example, "fluid extract of beef." Meat extract shall contain not more than 25 percent of moisture. Fluid extract of meat shall contain not more than 50 percent of moisture.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3030 Cereal, Vegetable Starch, Starchy Vegetable Flour, Soya Flour, Dried Milk, or Nonfat Dry Milk

When cereal, vegetable starch, starchy vegetable flour, soya flour, dried milk, or nonfat dry milk is added to sausage, there shall appear on the label in a prominent manner, contiguous to the name of the product the name of each such added ingredients, as for example, "cereal added," "potato flour added," "cereal and potato flour added," "soya flour added," "nonfat dry milk added," "cereal and nonfat dry milk added," as the case may be.

History

Statutory Authority: MS s 31.101; 31A.08
History: 27 SR 260

Minn. R. 1540.3040 Packing Substance Such as Brine, Vinegar, or Agar Jelly

When any product is enclosed in a container along with a packing substance such as brine, vinegar, or agar jelly, a declaration of the packing substance shall be printed prominently on the label in connection with the name of the product, as, for example, "frankfurters packed in brine," "lamb tongue packed in vinegar," or "beef tongue packed in agar jelly," as the case may be. The statement of the quantity of contents shall represent the weight of the drained product when removed from the container to the exclusion of the packing substance. The packing substance shall not be used in such a manner as will result in the container being so filled as to be misleading.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3050 Lard

The term "lard" is applicable only to the fat rendered from fresh, clean, sound, fatty tissues from hogs in good health at the time of slaughter, with or without lard stearin or hydrogenated lard. The tissues do not include bones, detached skin, head skin, ears, tails, organs, windpipes, large blood vessels, scrap fat, skimmings, settlings, pressings, and the like, and are reasonably free from muscle tissue and blood.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3060 Leaf Lard

The term "leaf lard" is applicable only to lard prepared from fresh leaf fat.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3070 Rendered Pork Fat

The term "rendered pork fat" is applicable to the fat other than lard, rendered from clean, sound carcasses, parts of carcasses, or edible organs from hogs in good health at the time of slaughter, except that stomachs, bones from the head, and bones from cured or cooked pork are not included. The tissues rendered are usually fresh, but may be cured, cooked, or otherwise prepared and may contain some meat food products. Rendered pork fat may be hardened by the use of lard stearin and/or hydrogenated lard and/or rendered pork fat stearin and/or hydrogenated rendered pork fat.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3080 Rendered Pork Fat or Hardened Rendered Pork Fat

When lard or hardened lard is mixed with rendered pork fat or hardened rendered pork fat, the mixture shall be designated as "rendered pork fat" or "hardened rendered pork fat," as the case may be.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3090 Oil, Stearin, or Stock Obtained from Beef or Mutton Fats

Oil, stearin, or stock obtained from beef or mutton fats rendered at a temperature above 170 degrees Fahrenheit shall not be designated as "oleo oil," "oleo stearin," or "oleo stock," respectively.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3100 Beef Fat, Mutton Fat, Oleo Stearin, Vegetable Stearin, or Hardened Vegetable Fat Mixed with Lard or Rendered Pork Fat

When not more than 20 percent of beef fat, mutton fat, oleo stearin, vegetable stearin, or hardened vegetable fat is mixed with lard or with rendered pork fat, there shall appear on the label, contiguous to and in the same size and style of lettering as the name of product, the words "beef fat added," "mutton fat added," "oleo stearin added," "vegetable stearin added," or "hardened vegetable fat added," as the case may be.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3110 Vegetable Fat, Vegetable Oil, and Vegetable Stearin

The designation "vegetable fat" is applicable to vegetable oil, vegetable stearin, or a combination of such oil and stearin, whereas the designations "vegetable oil" and "vegetable stearin" shall be applicable only to the oil and the stearin respectively.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3120 Adding Water to Rendered Edible Animal Fat or Mixture of Fats Containing Rendered Edible Animal Fat

No rendered edible animal fat or mixture of fats containing rendered edible animal fat other than oleomargarine and puff pastry shortening, shall contain added water. Puff pastry shortening shall not contain more than ten percent water.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3130 Containers of Edible Rendered Animal Fats and Mixtures of Edible Fats Containing Animal Fats

Containers of edible rendered animal fats and mixtures of edible fats containing animal fats shall, before or immediately after filling, be legibly marked with the true name of the product.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3480 Frozen Products

Care shall be taken to see that product is in good condition when placed in freezers. If there is doubt as to the soundness of any frozen product, the inspector will require the defrosting and reinspection of a sufficient quantity thereof to determine its actual condition.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3490 Product Packed in Hermetically Sealed Metal or Glass Containers

Product, such as pork tenderloins, brains, sweetbreads, stews, chop suey, etc., shall not be packed in hermetically sealed metal or glass containers, unless subsequently heat processed or otherwise treated to preserve the product in a manner approved by the commissioner.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3500 Defrosting Frozen Product

Frozen product may be defrosted in water or pickle in a manner and with the use of facilities which are acceptable to the inspector. Before such product is defrosted, a careful examination shall be made to determine its condition. If necessary, this examination shall include defrosting of representative samples by means other than in water or pickle.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3510 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1540.3520 Tagging Products "minnesota Retained" on Reinspection

A "Minnesota retained" tag shall be placed by a department employee at the time of reinspection on all products or the containers thereof which are suspected on reinspection at an official establishment or in the possession of such establishment of being unsound, unhealthful, unwholesome, or in any way unfit for human food. The employee who affixes the tag shall record the tag number and the kind and amount of the article retained. Such tag shall accompany such article to the retaining room or other special place for final inspection. When the final inspection is made, if the article is condemned, the original mark, stamp, or label thereon shall be removed or defaced and the inspector shall stamp on or write across the face of the retained tag the phrase "Minnesota inspected and condemned" and this tag shall accompany such article into the tank. The inspector shall make a complete record of the transaction and shall report the action to the commissioner. If, however, upon final inspection the article is passed for food, the inspector shall remove the retained tag, record the transaction, and report the action to the commissioner.

History

Statutory Authority: MS s 31A.08
History: 17 SR 1279

Minn. R. 1540.3530 Product Entering Official Establishments

Except as provided in parts 1540.2030 and 1540.4455 to 1540.4510, no product shall be brought into an official establishment unless it has been federally inspected, state inspected, or state approved inspected and passed, nor unless it can be identified by marks, seals, brands, or labels as having been so inspected and passed. All products brought into an official establishment in compliance with this chapter shall be identified and reinspected at the time of receipt, and be subjected to further reinspection in such manner and at such times as may be deemed necessary. If upon such reinspection any article is found to be unsound, unhealthful, unwholesome, or otherwise unfit for human food, the original mark, stamp, or label shall be removed or defaced and the article condemned.

History

Statutory Authority: MS s 31.101; 31A.08
History: 27 SR 260

Minn. R. 1540.3540 Designation of Places of Receipt of Returned Products for Reinspection

Every official establishment shall designate, with the approval of the inspector, a dock or place at which returned products shall be received, and such products shall be received only at such docks or places and shall be there inspected by a department employee before entering the establishment.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3550 Preparation of Product in Official Establishments

All processes used in curing, pickling, rendering, canning, or otherwise preparing any product in official establishments shall be supervised by a department employee. No fixtures or appliances, such as tables, trucks, trays, tanks, vats, machines, implements, cans, or containers of any kind, shall be used unless they are of such materials and construction as will not contaminate the product and are clean and sanitary. All steps in the processes of manufacture shall be conducted carefully and with strict cleanliness in rooms or compartments separate from those used for inedible products.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3560 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.3570 Dual Use of Equipment

Equipment may be used interchangeably for the preparation of lard and rendered pork fat which are to be labeled as such. The commissioner may grant permission for the restricted dual use of such equipment for the preparation of other products. The pipes and equipment used for edible fats shall be so arranged that the identity of the product will be maintained until the product is properly labeled.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3580 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1540.3590 [Repealed, 27 SR 260]

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3950 Samples Taken for Examination

Samples of products, water, chemicals, spices, or other articles in any official establishment shall be taken, without cost to the department, for examination, as often as may be deemed necessary for the efficient conduct of the inspection.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.3960 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.3970 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.3980 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.3990 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.4000 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.4010 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.4020 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.4030 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.4040 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.4050 Preparation in Edible Product Department

When dog food or similar uninspected article is prepared in an edible product department, there shall be sufficient space allotted and adequate equipment provided so that the preparation of the uninspected article in no way interferes with the handling or preparation of products. Where necessary, separate equipment shall be provided for the uninspected article. To assure the maintenance of sanitary conditions in the edible product departments, the operations incident to the preparation of the uninspected article will be subject to the same sanitary requirements that apply to all operations in edible product departments. The preparation of the uninspected article shall be limited to those hours during which the establishment generally operates under inspectional supervision. That is, there shall be no handling, other than receiving at the establishment, of any of the meat, meat by-products, or meat food product ingredient of the uninspected article, other than during the regular hours of inspection. The materials used in the preparation of the uninspected article shall not be such as would interfere with the inspection of product or the maintenance of sanitary conditions in the department. The uninspected article may be stored in, and distributed from, edible product department; provided, that adequate facilities are furnished, that there is no interference with the maintenance of sanitary conditions, and that it is properly identified.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4060 Preparation in Other Than Edible Product Department

When dog food or similar uninspected article is prepared in a part of an official establishment other than an edible product department, the area in which the dog food is prepared shall be separated from edible product departments in a manner similar to that required for separation between edible product departments and inedible product departments. Sufficient space must be allotted and adequate equipment provided so that the preparation of the uninspected article does not interfere with the proper functioning of the other operations at the establishment. Nothing in this part shall be construed as permitting any deviation from the requirement that inedible materials, dead animals, and the like, of whatever origin, must be placed in the inedible product rendering equipment, and without undue delay. The preparation of the uninspected product must be such as not to interfere with the maintenance of general sanitary conditions on the premises, and it shall be subject to inspectional supervision similar to that exercised over inedible product departments. There shall be no return of any product to edible product departments. Trucks, barrels, and other equipment shall be cleaned before being returned to edible product departments from inedible product departments. Unoffensive material prepared outside edible product departments may be stored in, and distributed from, edible product departments only if packaged in clean, properly identified, sealed containers.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4070 Distinguishing Dog Food or Other Animal Food from Human Food

Dog food or other animal food prepared in whole or in part from materials derived from cattle, sheep, swine, goats, or horses, shall be distinguished from articles of human food so as to avoid the distribution of such animal food as human food. To accomplish this, labeling of hermetically sealed, retort processed, conventional retail size containers as, for example, "dog food" will be considered sufficient. If not in such containers, the product must not only be properly identified, but it must be of such character or so treated (denatured or decharacterized) as to be readily distinguishable from an article of human food. Dog food shall not be represented as being a human food.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4080 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.4090 Condemnation

Any product which has been contaminated by flood water, harbor water, or like polluted water, shall be condemned.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4100 Cleansing

After flood water has receded, the establishment shall, under the supervision of a department employee, thoroughly cleanse all walls, ceilings, posts, and floors of the rooms and compartments involved, including the equipment therein. An adequate supply of hot water, under pressure, is essential for effective cleansing of the rooms and equipment. After cleansing, a solution of sodium hypochlorite containing approximately one-half of one percent available chlorine (5,000 parts per million), or other disinfectant approved by the commissioner should be applied to the surface of the rooms. Where the solution has been applied to equipment which will afterwards contact meat, the equipment shall be rinsed with clean water before being used. All metal should be rinsed with clean water to prevent corrosion.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4110 Hermetically Sealed Containers of Product

Hermetically sealed containers of product which have been submerged or otherwise contaminated as in part 1540.4090 shall be rehandled promptly under supervision of a department employee as follows:

A. Separate and condemn all product, the containers of which show extensive rusting or corrosion, such as might materially weaken the container, as well as any swollen, leaky, or otherwise suspicious container.

B. Remove paper labels and wash the containers in warm soapy water, using a brush where necessary to remove rust or other foreign material, immerse in a solution of sodium hypochlorite containing not less than 100 parts per million of available chlorine or other disinfectant approved specifically for this purpose by the commissioner, and rinse in clean fresh water and dry thoroughly.

C. After handling as in item B, the containers may be relacquered, if necessary, and then relabeled with approved labels applicable to the product therein.

D. The identity of the canned product shall be maintained throughout all stages of the rehandling operations, to insure correct labeling of the containers.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4120 Glands and Organs Not Used as Food Products

Glands and organs which are not used as food products, such as cotyledons, ovaries, prostate glands, tonsils, spinal cords, and detached lymphatic, pineal, pituitary, parathyroid, suprarenal, and thyroid glands, may be saved and prepared by establishments operating under inspection; provided, that the containers shall be plainly marked "for pharmaceutical purposes," "for organotherapeutic purposes," or "for technical purposes," without any reference to inspection. Organs in this category may be brought into and stored in edible product departments of inspected establishments or shipped with edible product if packaged in suitable containers which will in no way interfere with the maintenance of sanitary conditions or constitute an interference with inspection.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4130 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1540.4140 "minnesota Retained" Tag

When any chemical, cereal, spice, or other substance is presented for use in an official establishment, it shall be examined by a department employee, and if found to be unfit or otherwise unacceptable for the use intended, or if final decision regarding acceptance is deferred pending laboratory or other examination, the employee shall attach a "Minnesota retained" tag to the substance or container thereof. The substance so tagged shall be kept separate from other substances as the inspector may require, shall not be used until the tag is removed, and such removal shall be only by a department employee after finding that the substance can be accepted, or, in the case of an unacceptable substance, when it is removed from the establishment.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4150 Shipment or Transportation from Official Establishments

When authorized by the commissioner, product of special type or kind may be shipped or transported from official establishments for educational uses, laboratory examination, and other purposes.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4290 General Instructions

When necessary to comply with these instructions, the smokehouses, drying rooms, and other compartments used in the treatment of pork to destroy trichinae shall be suitably equipped, by the establishment, with accurate automatic recording thermometers. Inspectors are authorized to approve for use in sausage smokehouses, drying rooms, and other compartments, such automatic recording thermometers as are found to give satisfactory service.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4300 Duties of Inspectors

To ensure the effective administration of the foregoing, inspectors who supervise the handling and treatment of pork to destroy live trichinae shall: recognize the importance of safeguarding the consumer and follow carefully the instructions concerning the treatment of pork to destroy trichinae; check the internal temperatures, with department thermometers, of all products subjected to the heating method; test frequently, with department thermometers, the reliability of establishment thermometers including automatic recording thermometers and reject for use any found to be inaccurate and unreliable; observe department thermometers carefully in order that none be used which have become defective or of questionable accuracy; supervise in a methodical manner the handling, in drying, refrigerating, and curing departments, of pork product under treatment for the destruction of live trichinae, and keep conveniently available, at the official establishment for department use, such records as may be necessary and informative of each lot of product under treatment.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4310 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1540.4320 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.4330 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.4340 [Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

[Repealed, L 1995 c 233 art 3 s 1; L 1995 c 248 art 3 s 1]

Minn. R. 1540.4350 Reports on Sanitation

Reports on sanitation shall be made by the department employees assigned to the various departments of official establishments to the commissioner.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4360 Appeals from Meat Inspection Actions

When the action of an inspector in condemning any meat or product is questioned, appeal may be made to the commissioner whose decision shall be final.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4370 Compliance

Inspected and passed meat and products, like uninspected meat and products, shall comply with the provisions of the Minnesota dairy and food laws in every respect.

History

Statutory Authority: MS s 31A.08

Each carcass and all edible parts of custom slaughtered animals shall be clearly marked, tagged, branded, or stamped to include the statement, "Minnesota custom processed," "not for sale," and the establishment number assigned to the establishment by the commissioner or the name and address of the establishment.

Subp. 2. Example of required mark, tag, or brand.

MINNESOTA

CUSTOM PROCESSED

NOT FOR SALE

EST. 40

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4455 Identification of Carcass

In state licensed establishments each custom processed carcass must be identified immediately after being slaughtered, eviscerated, and rinsed. Such identification must be made of each carcass and part of carcass prior to being moved from the slaughter room to the drip cooler or elsewhere.

History

Statutory Authority: MS s 31.101; 31A.08
History: 27 SR 260

Minn. R. 1540.4460 Identification During Processing

All product on hand which is being or has been custom processed must be clearly identified during all stages of processing, cooling, packaging, freezing, storage, and shipment. Each batch of custom processed product being ground, chopped, mixed, or cut up must be identified by using a tag or other approved device placed directly on the product or the container, table, shelf, or equipment holding such product.

History

Statutory Authority: MS s 31.101; 31A.08
History: 27 SR 260

Minn. R. 1540.4470 Handling Product Derived from Farm Slaughter

All meat products received at a state licensed establishment shall be carefully examined by the plant management and any product showing evidence of spoilage, disease, or filth shall not be accepted into the establishment. All meat derived from slaughter operations which are not state licensed or federally inspected must be carefully handled, kept segregated, and clearly identified and may not be legally sold.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4480 Identifying Product Derived from Farm Slaughter

Any product received at a state licensed establishment which does not bear the federal or state meat inspection legend must be immediately identified and kept marked and identified as required by part 1540.4460.

History

Statutory Authority: MS s 31.101; 31A.08
History: 27 SR 260

Minn. R. 1540.4490 Product Derived from Game

Venison and other product derived from game animals received for custom processing or storage at a state licensed establishment must be handled and identified in the same manner as is specified for products under part 1540.4460.

History

Statutory Authority: MS s 31.101; 31A.08
History: 27 SR 260

Minn. R. 1540.4500 Condemned Animals

In a licensed establishment, any animal which has died other than by slaughter or an animal which has been inspected and found to be affected with any condition or disease that would cause the meat derived therefrom to be unfit for human food shall be condemned and denatured in a manner approved by the commissioner so as to prevent such product being used as human food.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4510 Condemned Product

In a licensed establishment any carcass or product which is found to be unsound, unhealthful, unwholesome, or otherwise unfit for human food shall be condemned and denatured in a manner approved by the commissioner so as to prevent such product being used for human food.

History

Statutory Authority: MS s 31A.08

Minn. R. 1540.4520 Denaturing Condemned Product

Condemned product may be denatured by slashing with a knife and adding crude carbolic acid, cresylic disinfectant, or other prescribed agent, or may be destroyed by incineration.

History

Statutory Authority: MS s 31A.08

Chapter 1545 MEAT, FISH, AND POULTRY INDUSTRY

Minn. R. 1545.0145 Transportation of Meat

The following specifications shall apply to all vehicles used to transport meat or meat products for sale unless the vehicle is used to transport meat or meat products which are packaged, protected, and transported as outlined in part 1545.0180.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0150 Meat Compartment

The meat compartment must be completely enclosed and have floors, walls, and ceilings which are constructed of smooth, impervious, tight fitting material that is designed to facilitate cleaning. The meat compartment must be kept in proper sanitary condition at all times when so used and must be thoroughly cleaned after each daily operation.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0160 Unwrapped Meat or Meat Products

Vehicles which are in compliance with the vehicle requirements of these rules may be used to transport meat or meat products which are not wrapped or packaged provided that the product is properly hung on hooks or is stacked on clean smooth racks. Unwrapped meat or meat products transported under provisions of parts 1545.0145 to 1545.0190 must be properly segregated and protected from other items of the load which might contaminate the product. Unwrapped meat or meat products shall not be allowed to come in contact with the floor or tailgate surface of a vehicle.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0170 Carrying Product Exposed to Elements

All meat and meat products must be securely wrapped or packaged if lugged or carried from a vehicle to a destination which necessitates carrying the product exposed to the elements outside of buildings, over public sidewalks, streets, or alleys or through the customer area of a retail or wholesale market.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0180 Means of Transportation

Meat and meat products which are securely wrapped or packaged in a manner which will maintain proper temperature of the product and will provide complete protection of the product against contamination from dust, flies, vermin, and other substances which might injuriously affect it may be transported by parcel post, express, common carrier, bus, train, automobile, or other recognized means of transportation. The containers and packages of meat and meat products being transported under the provisions of these rules shall be maintained in proper sanitary condition during all phases of shipment.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0190 Refrigerated Temperature

The refrigerated temperature of meat and meat products being transported must be maintained in accordance with sound operating practices which will maintain proper quality and condition of the product.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0200 Use of Tenderizing Solutions

Meat tenderizing solutions consisting of water, salt, monosodium glutamate, papain, or other ingredients approved by the commissioner of agriculture may be applied or injected into primal cuts or consumer cuts of beef provided all treated beef cuts shall be branded, stamped, or labeled with a term specifying the specific tenderizing solution applied such as "dipped in a solution of papain" or "treated with a solution of papain and bromelin" in addition to all other required labeling during all stages of processing, storage, transportation, and sale. Treatment of the product shall not result in a gain in weight of more than three percent above the weight of the untreated product.

History

Statutory Authority: MS s 31.10; 31.101; 31.11
History: 27 SR 260

Minn. R. 1545.0210 Use of Word "fresh" in Products

The word "fresh" shall not be used in selling, advertising, or on labels of any meat product which contains any sodium nitrate, sodium nitrite, potassium nitrate, potassium nitrite, or which has been salted or frozen for preservation.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0220 Labeling of Graded Meat

No person, as defined in Minnesota Statutes, section 31.01, subdivision 2, shall advertise, label, or sell any meat or meat product as "prime," "choice," "select," "commercial," "standard," or "utility" unless the meat or meat product so advertised, labeled, or sold is derived from meat which actually bears the USDA federal meat grading stamp designating such grade.

History

Statutory Authority: MS s 31.10; 31.101; 31.11; 31A.08
History: 27 SR 168

Minn. R. 1545.0230 Primal Cuts Terms on Ground or Chopped Meat Products

Terms such as "ground chuck," "chopped chuck," "ground round," "chopped round," "ground sirloin," "chopped sirloin," and similar terms which indicate that ground or chopped meat product is derived from a primal cut or other specific portion of a carcass shall not be used as the name of meat products displayed for sale except that these terms may be used on packages for retail sale if the retailer:

A. maintains records identifying the source and amounts of primal cuts and of ground meat sold that was processed from these primal cuts; and

B. retains these records for review on the premises for six months.

History

Statutory Authority: MS s 31.10; 31.101; 31.11
History: 25 SR 1633

Minn. R. 1545.0240 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1545.0250 Handling of Inedible Products

Inedible products including but not limited to hides, pelts, animal food, game heads, feathered game, or poultry shall not be placed in or stored in the same cooler or freezer room with any meat product intended for human consumption unless: such inedible products are segregated from products intended for human consumption during storage; such inedible products are stored in watertight containers with watertight covers including plastic type bags or other methods approved by the commissioner of agriculture, and such containers are clearly labeled with the words "inedible" or "animal food."

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0260 Restricted Use of Seasonings in Meat Products

Soluble seasonings consisting of spice extractives having a distinct red color (principally those including extract of paprika) shall not be used in fresh or frozen meat products including but not limited to hamburger, ground beef, fabricated steaks, cubed beef, and meat patties because of the color-enhancing properties of the seasoning. These soluble spice extracts may be used in the formulation of cured sausage and other meat food products, provided the amount used shall be controlled so that the color of the finished product will not be significantly different from that of products prepared with the same ingredients but without the soluble spice extract. This requirement is not intended to restrict the use of paprika as a natural spice in those products where it is considered to be a normal ingredient.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0270 Fat Limit in Sausage

"Frankfurters," "wieners," "vienna," "bologna," "garlic bologna," "knockwurst," and similar sausages which are prepared from one or more kinds of meat, meat by-products, poultry products, and other permitted ingredients shall not contain more than 30 percent fat in the finished product.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0280 Samples Taken for Examination

Samples of meat or meat products or the ingredients of meat products which are manufactured or prepared in any licensed establishment may be taken for examination as often as and in the amounts deemed reasonably necessary by the department for the efficient and proper conduct of inspection. Such samples may be obtained without cost to the department.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0290 Meat, Poultry, and Fish Products Sold by Weight

Except for immediate consumption on the premises where sold or as one of several elements comprising a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold, all meat, meat products, poultry (whole or parts), and all fish and seafood except shellfish, offered or exposed for sale or sold as food, shall be offered or exposed for sale and sold by weight. When meat, poultry, fish, or seafood is combined with or associated with some other food element or elements to form either a distinctive food product or a food combination, such food product or combination shall be offered or exposed for sale and sold by weight. The quantity representation shall be either the total weight of the product or combination of the separate weight of each of the several elements of the product or combination; provided, that for ready-to-cook, whole carcasses, stuffed poultry, ready-to-cook stuffed poultry roasts, rolls, bars, and logs, and ready-to-cook stuffed poultry products designated by terms of similar import, the label must show the total net weight of the poultry product and in proximity thereto, a statement specifying the minimum weight of poultry in the product.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0300 Labeling Ground Beef Products

Ground beef products intended as food for human consumption in sandwich, package, bulk, or patty form which use "ground beef" or "chopped beef" as the name of the product or as part of the name of the product shall contain no meat or meat products other than meat or meat products which comply with Minnesota Rules.

History

Statutory Authority: MS s 31.10; 31.101; 31.11
History: 27 SR 260

Minn. R. 1545.0310 Labeling Hamburger Products

Hamburger products intended as food for human consumption in sandwich, package, bulk, or patty form which use "hamburger" or "burger" as the name of the product or as part of the name of the product shall contain no meat or meat product other than meat or meat products which comply with Minnesota Rules.

History

Statutory Authority: MS s 31.10; 31.101; 31.11
History: 27 SR 260

Minn. R. 1545.0320 Labeling Fresh Meat Mixes, Mixtures, or Patties Which Contain Extenders or Other Additives

When additives or extenders such as textured vegetable protein, soya flour, isolated soy protein, soy protein concentrate, cereal, flour, nonfat dry milk, or similar products are used as permitted ingredients in fresh meat products intended as food for human consumption, their presence as an ingredient shall be declared as part of the name of the product or shall be declared as a qualifying statement contiguous to the name of the product or shall be declared in compliance with federal laws and regulations applicable thereto. The name of each additive or extender shall be shown on the product label if the product is in package form or on a placard easily readable by the purchaser if the product is sold or displayed in bulk form. Such products shall be labeled or placarded to show all other mandatory labeling information including a list of ingredients in order of descending predominance.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0330 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1545.0340 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1545.0350 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1545.0360 Beef

"Beef" is meat derived from cattle nearly one year of age or older.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0370 Veal

"Veal" is meat derived from young cattle one year or less of age.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0380 Mutton

"Mutton" is meat derived from sheep nearly one year of age or older.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0390 Lamb

"Lamb" is meat derived from young sheep one year or less of age.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0400 Pork

"Pork" is meat derived from swine.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0410 Venison

"Venison" is flesh derived from deer.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0780 Lard

"Lard" is the rendered fresh fat from hogs in good health at the time of slaughter, is clean, free from rancidity, and contains, necessarily incorporated in the process of rendering, not more than one percent of substances other than fatty acids and fat.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0790 Leaf Lard

"Leaf lard" is lard rendered at moderately high temperatures from the internal fat of the abdomen of the hog excluding that adherent to the intestines and has an iodine number not greater than 60.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0800 Neutral Lard

"Neutral lard" is lard rendered at low temperatures.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0810 Species of Meat

The species of meat shall be declared on each retail meat cut label and shall be the leading term of the name of the product.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0820 Primal, Subprimal, or Wholesale Meat Cut

The primal, subprimal, or wholesale meat cut from which the retail meat cut is derived shall be declared on the product label as part of the name of the product and shall be declared immediately following the species of meat.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0830 Names of Primal, Subprimal, or Wholesale Meat Cuts

Names of primal, subprimal, or wholesale meat cuts are:

A. beef: chuck, rib, loin, round, shank, plate, brisket, and flank;

B. pork: shoulder, loin, and leg;

C. veal: shoulder, rib, loin, leg, breast, and shank;

D. lamb: shoulder, breast, shank, rib, loin, and leg.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0840 Exclusions

The provisions of part 1545.0810 do not apply to side pork, bacon, ham, Canadian style bacon, or salt pork. The provisions of part 1545.0820 do not apply to ground meat, cubed meat, cube steak, meat for stew, cutlets, soup bones, neck bones, hocks, feet, spare ribs, side pork, jowl, bacon, ham, Canadian style bacon, or salt pork.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0850 Name of the Retail Meat Cut

The name of the primal cut on the label shall be followed by a name which accurately describes the retail cut derived therefrom. For example: "beef plate;" "pork loin;" "veal leg;" "short ribs;" "blade roast;" "sirloin roast;" "beef loin;" "pork loin;" "beef round;" "sirloin steak;" "sirloin roast;" "tip steak;" "beef round steak;" "beef chuck roast;" "beef rib steak."

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0860 Fanciful or Distinctive Names or Terms

Fanciful or distinctive names or terms including, but not limited to, "Family," "His and Hers," "Manhattan," "Premium," "Sandwich," "Bronco," "Penthouse," "Charcoal," "Ranch," "Texas," "Dinner," "Minute," "Pan," "Hollywood," "Delmonico," "New York," "California," "Bread and Butter," "Saratoga," "Boston," and "English," shall not be used as the name or as part of the name of a retail meat cut on a primary or price meat cut label or on a placard used to identify retail meat cuts displayed for sale.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0870 Meat Cut Identification Requirements

The meat cut identification requirements of parts 1545.0820 to 1545.0880 shall be considered as having been met if the retail meat cut label complies with the meat cut definitions and nomenclature of chapter II of the Uniform Retail Meat Identity Standards of the National Livestock and Meat Board, provided that identification of ground beef products shall be as required by Minnesota rules; and provided further that special or distinctive names for pretendered retail meat cuts are not permitted. If a specific name from the Uniform Retail Meat Identity Standards is used to identify a retail meat cut, it must conform to the cut listed therein.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0880 Placards

Placards, if used to identify unpackaged meat cuts shall not include fanciful names prohibited by part 1545.0860.

History

Statutory Authority: MS s 31.10; 31.101; 31.11

Minn. R. 1545.0890 Scope

The following specifications shall apply in all licensed slaughtering, dressing, and processing plants unless operations are of such limited volume or character that all items do not apply in which cases all applicable requirements shall be enforced.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.0900 Minimum Requirements

Minimum requirements for all licensed slaughtering, dressing, and processing plants shall include separate facilities for the following operations: receiving or holding animals, rabbits, or poultry to be slaughtered; slaughtering; eviscerating, cutting, wrapping, and packaging.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.0910 Small Scale Operations

Notwithstanding the provisions of parts 1545.0900 and 1545.1000, where the operations are conducted on a limited scale, the slaughtering and dressing including the removal of hides, pelts, and feathers may be permitted in the same room in which eviscerating, cutting, wrapping, and packaging is done, provided:

A. each individual operation otherwise shall meet sanitation requirements;

B. operations are segregated to permit their conduct in a sanitary manner;

C. a sufficient time lag is allowed between each type of operation so that proper sanitation can be provided or the size of the processing room is large enough to permit all operations to be conducted at the same time without any possibility of contaminating the dressed poultry or meat.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.0920 Lavatories, Utensil Cleaning, Toilet Facilities

All slaughtering operations shall include convenient hand-washing equipment consisting of a lavatory with hot and cold running water, soap, and sanitary towels and separate washing facilities for adequate cleaning of knives and other equipment. Approved toilet facilities are to be provided for all permanently located slaughtering operations in which hired labor is employed.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.0930 Protection of Carcasses and Dressed Meat

All slaughtering shall be done in such a manner as to comply with sanitation requirements that will adequately protect the carcass from contamination.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.0940 Transportation of Carcasses

When animal carcasses are transported from the place of slaughter to the place in which chilling, cutting, and other processing will be done, they shall be given proper protection from dust, filth, insects, vermin, or other contamination in a closed vehicle or other approved, enclosed transportation.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.0950 Protection of Dressed Meat and Poultry

Dressed meat and poultry must be adequately covered and properly protected from dust, filth, insects, vermin, or other contamination at all times while being transported.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.0960 Additional Specifications

Additional detailed specifications that are requirements in all licensed slaughter, dressing, and processing plants wherever applicable are contained in parts 1545.0970 to 1545.2040.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.0970 Buildings

The building in which the operations are conducted shall be of sound construction, in good repair, and maintained in a sanitary condition at all times, free of rodents, insect pests, and other vermin. Approval will not be granted for the construction or installation of any new slaughtering, packing, or processing operations below grade level.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.0980 Outside Openings

The doors, windows, skylights, and other outside openings of the plant except receiving rooms and feeding rooms shall be protected by properly fitted screens or other suitable devices against the entrance of flies and other insects. Outside doors except in receiving rooms and feeding rooms shall be so hung that not over one-fourth inch clearance remains when closed. Screen doors shall open toward the outside of the building. Doors shall be provided with self-closing devices where necessary to prevent the entry of vermin into processing and storage rooms.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.0990 Rooms and Compartments

Rooms, compartments, or receptacles used for edible products shall be separate and distinct from inedible products departments and from rooms where live poultry, rabbits, and animals are held or slaughtered. Separate rooms shall be provided when required for conducting processing operations in a sanitary manner; and all rooms shall be of sufficient size to permit the installation of the necessary equipment for processing operations and the conduct of such operations in a sanitary manner.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1000 Rooms for Separate Operations

The plant shall have separate rooms for each of the following operations depending upon the various types of operations conducted but in no case shall the receiving or feeding of live poultry, rabbits, or animals or killing operations be permitted in rooms in which eviscerating operations are performed:

A. The receiving and feeding of live poultry, rabbits, or animals.

B. Killing, scalding, and roughing operations.

C. Pinning, finishing, and chilling and packing operations for dressed poultry, rabbits, or animals.

D. Evisceration operations. Final pinning of dressed poultry and chilling and packaging of edible products may be performed in this room; openings in walls for conveyor lines are permissible.

E. Inedible products departments.

F. Refuse rooms. Separate refuse rooms or other equally adequate facilities shall be required in eviscerating plants and in other plants where accumulations of refuse occur.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1010 Coolers and Freezers

Coolers and freezers of adequate size and capacity shall be provided to reduce the internal temperature of dressed poultry, rabbits, or animals and ready-to-cook poultry prepared and otherwise handled in the plant to 36 degrees Fahrenheit within 24 hours unless other cooling facilities are available.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1020 Refuse Rooms

Refuse rooms shall be entirely separate from other rooms in the plant, shall have tight fitting doors, and be properly ventilated.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1030 Storage and Supply Rooms

The storage and supply rooms shall be in good repair, kept dry, and maintained in a sanitary condition.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1040 Boiler Room

The boiler room shall be a separate room, if necessary, to prevent its being a source of dirt and objectionable odors entering any room where dressed poultry, rabbits, or animals or edible products are prepared, processed, handled, and stored.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1050 Toilet Rooms

Toilet rooms shall not open directly into rooms where poultry, rabbit, or animal products are exposed; they shall have self-closing doors and shall be mechanically ventilated.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1060 Floors, Walls, and Ceilings

The floors, walls, ceilings, partitions, posts, doors, and other parts of all compartments shall be of such material, construction, and finish as will make them susceptible of being readily and thoroughly cleaned.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1070 Floors

All floors, except those in receiving rooms and feeding rooms and floors which are kept dry, shall be constructed of hardened concrete or of tile laid closely together with impervious joint material or of other similar impervious material and kept in good repair. The floors in killing, ice-cooling, ice-packing, and eviscerating rooms shall be graded to permit runoff with no standing water. In new construction and renovated plants the pitch shall be not less than one-fourth inch per foot to drains. In new construction the junction of the wall with the floor shall be covered on a radius of not less than two inches, and the window ledges shall be set at an angle of approximately 45 degrees. All upper horizontal surfaces shall be kept to a minimum.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1080 Ceilings and Walls

Ceilings and walls in rooms and compartments where exposed edible products are processed, handled, or stored shall have tiled, enameled, or other smooth surface impervious to moisture. Cooler and freezer rooms shall have interior surfaces impervious to moisture so as to permit thorough cleaning.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1090 Blood Disposal

Adequate facilities shall be provided for the disposal of blood in a sanitary manner. When bleeding troughs are used they shall be long enough to catch the blood during the bleeding process and shall be cleaned daily. Such troughs shall be installed so as to pitch at least one-half inch per foot toward a smooth metal catch basin or basins, of sufficient capacity for a day's operation at peak production or shall be flushed continuously.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1100 Draining and Plumbing

There shall be an efficient draining and plumbing system for the plant and premises.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1110 Drains and Gutters

All drains and gutters shall be properly installed with approved traps and vents. The drainage and plumbing system must permit the quick runoff of all water from plant buildings and surface water around the plant and on the premises. All such water shall be disposed of in such a manner as to prevent a nuisance or health hazard.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1120 Sewerage and Plant Wastes

The sewerage system shall have adequate slope and capacity to remove readily all wastes from the various processing operations and to minimize and if possible to prevent stoppage and surcharging of the system.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1130 Grease Traps

Grease traps which are connected with the sewerage system shall be suitably located but not near any edible products department or in any area where products are unloaded from or loaded into vehicles. To facilitate cleaning, such traps shall have inclined bottoms and be provided with suitable covers.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1140 Toilet Soil Lines

In new construction, toilet soil lines shall be separate from house drainage lines to a point outside the buildings, and drainage from toilet bowls and urinals shall not be discharged into a grease catch basin.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1150 Traps for Floor Drains

All floor drains shall be equipped with traps constructed so as to minimize clogging, and the plumbing shall be installed so as to prevent sewerage from backing up and from flooding the floor.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1160 Floor Drainage Lines

Floor drainage lines shall be of metal and at least four inches in diameter and open into main drains of at least six inches in diameter and shall be properly vented to the outside air.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1170 Valley or Gutter Drains

In new construction, valley or gutter drains shall have concave bottoms or the junctions of the sides and the bottoms shall be coved.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1180 Refrigerators Equipped with Drains

Where refrigerators are equipped with drains, such drains shall be properly trapped and shall discharge through an air gap into the sewer system. All new installations and all replacement of refrigerators equipped with drains shall meet these requirements.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1190 Water Supply

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1200 Hot Water

Hot water at a temperature not less than 180 degrees Fahrenheit shall be available for sanitation purposes.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1210 Location of Hose Connections

Hose connections with steam and water mixing valves or hot water hose connections shall be provided at convenient locations throughout the plant for cleaning purposes.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1220 Refuse Rooms

The refuse rooms shall be provided with adequate facilities for washing cans and other equipment in the rooms, and the rooms, cans, and equipment shall be cleaned after each day's use.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1230 Lavatory Accommodations

Modern lavatory accommodations and properly located facilities for cleaning utensils and hands shall be provided.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1240 Adequate Lavatory and Toilet Accommodations

Adequate lavatory and toilet accommodations including, but not being limited to, running hot and cold water, soap, and towels shall be provided. Such accommodations shall be in or near toilet and locker rooms and also at such other places in the plant as may be essential to the cleanliness of all personnel handling products.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1250 Covered Containers

Sufficient covered metal containers shall be provided for used towels and other wastes.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1260 Hand-Washing Facilities

An adequate number of hand-washing facilities serving areas where dressed poultry, rabbits, or animals and edible products are prepared shall be operated by other than hand-operated controls or shall be of a continuous flow type which provides an adequate flow of water for washing hands.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1270 Sanitary Signs

Durable signs shall be posted conspicuously in each toilet room and locker room directing employees to wash their hands before returning to work.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1280 Adequate Toilet Facilities

Adequate toilet facilities shall be provided with respect to the number of employees in the plant.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1290 Lighting and Ventilation

There shall be ample light, either natural or artificial or both, of good quality and well distributed, and sufficient ventilation for all rooms and compartments to insure sanitary conditions.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1300 Lighting Requirements

All rooms in which poultry, rabbits, or animals are killed, eviscerated, or otherwise processed shall be considered as having sufficient light if at least 30 foot-candles of light intensity are provided on all working surfaces except that at the grading and inspection stations, where such light intensity shall be of 50 foot-candles. In all other rooms there shall be provided at least five foot-candles of light intensity when measured at a distance of 30 inches from the floor.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1310 Ventilation

All rooms shall be adequately ventilated to eliminate objectionable odors and minimize moisture condensation.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1320 Equipment and Utensils

Equipment and utensils used for the preparation, processing, or otherwise handling any product in the plant shall be suitable for the purpose intended and shall be of such material and construction as will facilitate their thorough cleaning and insure cleanliness in the preparation and handling of products. Insofar as it is practical, equipment and utensils shall be made of metal or other impervious material. Trucks and receptacles used for handling inedible products shall be of similar construction and shall be conspicuously and distinctly marked and shall not be used for handling any edible products.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1330 Batteries

Batteries shall be constructed entirely of metal and have metal dropping pans so as to permit proper and complete washing and cleaning. Batteries that are not made entirely of metal shall be replaced with metal batteries whenever replacement becomes necessary.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1340 Refuse Containers

Metal refuse containers with covers shall be provided, and such containers shall be kept covered.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1350 Scalding Equipment for Poultry Processing Plants

Scalding equipment, tank or spray type, shall be made of metal and have smooth surfaces and be of such construction as to permit proper and complete washing and cleaning.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1360 Scalding Tanks

The scalding tanks when used shall be so constructed as to prevent contamination of potable water lines and to permit water to enter continuously at the rate of one-fourth gallon per bird per minute and to flow out through an overflow.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1370 Overflow Outlets in Scalding Equipment

The overflow outlets in scalding equipment shall be of sufficient size to permit feathers and water to be carried off.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1380 Overflow, Draw-Off Valves, and Sediment Basin Drain

The overflow, draw-off valves, and sediment basin drain shall discharge into a floor or valley drain or onto the floor in close proximity to a floor or valley drain.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1390 Mechanical Pickers

When necessary, safety guards shall be installed around moving machine parts of mechanical pickers. Such guards shall be of such construction as not to be difficult or laborious to remove or to keep clean. Sheet metal or metal grills fastened down with sufficient bolts and wing nuts are preferable.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1400 Wax Finishing

When wax dipping is used, metal troughs shall be provided to catch the wax removed from the dipped poultry. Acceptable facilities and methods shall be employed in reclaiming the wax.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1410 Ice Chilling Vats

Chilling vats or tanks used for chilling dressed poultry, rabbits, or animals, and all replacements thereof, and all chilling vats or tanks used for chilling ready-to-cook poultry, rabbits, or animals shall be made of metal or other hard-surfaced impervious material.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1420 Ice Shovels

Ice shovels shall be smooth-surfaced and made of metal.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1430 Grading and Packing Bins

Where grading bins are used for poultry, rabbits, or animals, they shall be of sufficient number and capacity to handle the grading adequately without the use of makeshift bins, and all dressed poultry, rabbits, or animals shall be kept off the floor. Grading bins may be made of metal or enameled wood and shall be constructed and maintained in such a manner as to allow easy and thorough cleaning. All replacements of such bins, however, shall be of metal.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1440 Equipment and Utensils Used in Killing, Roughing, Pinning, Chilling, and Packing Rooms

Except as otherwise provided in parts 1545.1320 to 1545.1560, all equipment and utensils used in killing, roughing, pinning, chilling, and packing rooms shall be of metal or other impervious material and constructed so as to permit proper and complete cleaning.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1450 Conveyors

Any conveyors used in the plant shall be of metal or other acceptable material and of such construction as to permit thorough and ready cleaning and easy identification of viscera with its carcass and so designed as will present each carcass or all parts thereof in a way that will permit adequate and efficient inspection.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1460 Overhead Conveyors and Tracks

Overhead conveyors and tracks shall be so constructed and maintained that they will not allow grease, oil, or dirt to accumulate on the drop chain or shackle which shall be of noncorrosive metal.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1470 Nonmetallic Belt-Type Conveyors

Nonmetallic belt-type conveyors used in moving edible products shall be of waterproof composition.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1480 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1545.1490 Distance from Floor to Top of Track or Rail

The distance from the floor to the top of the track or rail used in a slaughter house for the suspension and movement of cattle carcasses shall not be less than ten feet.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1500 Tables

Inspection, eviscerating, and cutting tables shall be made of metal and have coved corners and be so constructed and placed to permit thorough cleaning.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1510 Plants Lacking Conveyors

In plants where no conveyors are used, each carcass shall be eviscerated in an individual metal tray of seamless construction.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1520 Water Spray Washing Equipment

Water spray washing equipment with sufficient water pressure to thoroughly and efficiently wash carcasses shall be used for washing carcasses inside and out.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1530 Waste Receptacles

Watertight metal receptacles shall be used for entrails and other waste resulting from preparation of eviscerated poultry, rabbits, or animals.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1540 Trucks and Receptacles for Diseased Carcasses

Watertight trucks and receptacles for holding or handling diseased parts of carcasses shall be so constructed as to be readily and thoroughly cleaned.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1550 Freezing Rooms

Freezing rooms shall be adequately equipped to freeze ready-to-cook poultry, rabbits, or animals solid in less than 60 hours. Freezing rooms shall be equipped with floor racks or pallets and fans to insure air circulation.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1560 Cooling Racks

Cooling racks shall be made of metal and be readily accessible for thorough washing and cleaning. All replacements of cooling racks shall be made of metal.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1570 Equipment Accessibility

All equipment shall be so placed as to be readily accessible for all processing and cleaning operations.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1580 Accessibility of Mechanical Pickers

When used in the plant, mechanical pickers shall be so installed as to be accessible for thorough cleaning and removal of the accumulation of feathers.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1590 Premises

The premises shall be kept free from refuse, waste materials, and all other sources of objectionable odors and conditions.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1600 Cleaning of Rooms and Compartments

Rooms, compartments, or other parts of the plant in which products are handled and kept shall be kept clean and in sanitary condition.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1610 Disposal of Offal

All feathers, blood, offal, birds, rabbits, or animals or parts of poultry, rabbits, or animals too severely damaged to be salvaged, and all discarded containers and other materials shall be completely disposed of daily. A separate closed storage room vented to the outer air with a concrete floor shall be provided for the offal if not disposed of immediately following slaughter. Such offal cans shall be removed from the slaughter room to the storage room as soon as slaughtering is completed.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1620 Windows, Doors, Light Fixtures

All windows, doors, and light fixtures in the plant shall be kept clean.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1630 Docks and Rooms

All docks and rooms shall be kept clean and free from debris and unused equipment and utensils.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1640 Receiving Docks and Rooms Construction

Live poultry, rabbit, or animal receiving docks and receiving rooms shall be of such construction as to readily permit their thorough cleaning.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1650 Feeding Room Floors

Floors in feeding rooms shall be cleaned with such regularity as may be necessary to maintain them in a sanitary condition.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1660 Killing, Roughing, Pinning Room

The killing, roughing, and pinning room shall be kept clean and free from offensive odors at all times.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1670 Walls, Floors, Equipment, Utensils

The walls, floors, and all equipment and utensils used in the killing, roughing, and pinning room shall be thoroughly cleaned after each day's operation.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1680 Killing Room Floors

The floors in the killing, roughing, and pinning room shall be cleaned frequently during roughing and finishing operations and be kept reasonably free from accumulated blood, hides, feathers, bristles, manure, water, and dirt.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1690 Toilet and Locker Room Sanitation

All equipment in the toilet and locker room as well as the room itself shall be kept clean, sanitary, and in good repair.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1700 Cooler and Freezer Rooms

Cooler and freezer rooms shall be free from objectionable odors of any kind and shall be maintained in a sanitary condition (including, but not being limited to, the prevention of drippings from refrigerating coils onto products).

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1710 Cleaning of Equipment and Utensils

Equipment and utensils used for preparing or otherwise handling any product shall be kept clean and in a sanitary condition and in good repair.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1720 Batteries and Holding Pens

Batteries, dropping pans, and holding pens shall be cleaned regularly and the manure removed from the plant daily.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1730 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1545.1740 Scalding Tanks

Scalding tanks shall be completely emptied and thoroughly cleaned as often as may be necessary but not less frequently than once a day.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1750 Ice Shovels

Ice shovels shall be kept clean, free of corrosion, and shall be stored off the floor.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1760 Killing Room Equipment and Utensils

All equipment and utensils used in the killing, roughing, and pinning rooms shall be thoroughly washed and cleaned after each day's operation. The chilling and packing room and equipment and utensils used therein shall be maintained in a clean and sanitary condition.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1770 Graders and Bins

Graders' and packers' gloves and grading bins shall be washed daily and used only for grading or packing, as the case may be.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1780 Chilling Vats or Tanks

Chilling vats or tanks not being used in a continuous flow system shall be emptied and rinsed after each use. All tanks shall be thoroughly cleaned once daily.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1790 Defrosting Tanks

When frozen poultry, rabbits, or animals are to be defrosted in water, adequate facilities (tanks, vats, or racks) shall be provided, including continuous running tap water of sufficient volume to thaw such poultry, rabbits, or animals. Such poultry, rabbits, or animals shall not be thawed in still water, and the thawing tanks shall be emptied and rinsed after each use. The tanks shall be thoroughly cleaned once daily. If water is heated, it shall not be heated above 70 degrees Fahrenheit. Thawing tanks shall be equipped with properly installed overflow pipes to discharge over a floor drain or a valley drain. Where mechanical devices are not used for removing thawed carcasses from thawing, tanks shall be of a size as will enable employees to remove poultry, rabbits, or animals without getting inside the tanks.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1860 Segregation of Operations

The pinning and finishing operations shall be performed in a part of the room that is away from the killing and roughing operations.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1870 Isolation of Killing Operation

Blood from the killing operation shall be confined to a relatively small area and kept from being splashed about the room.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1880 Finishing Dressed Poultry

In finishing and cleaning dressed poultry, the carcass shall be singed, feed shall be removed from the crop, and the fecal material in the cloaca shall be removed by venting, and such operations shall be completed prior to chilling and packaging of such dressed poultry. This part applies to poultry processing plants only.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1890 Head Cleanliness

The head of each dressed poultry carcass shall be washed thoroughly to remove feed from the mouth and blood from the head and mouth. This part applies to poultry processing plants only.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1900 Final Cleaning

In the final washing the carcass shall be passed through a system of sprays providing an abundant supply of fresh clean water either under pressure or scrubbing action. This part applies to poultry processing plants only.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1910 Isolation of Packaging and Grading Operation

Dressed poultry may be graded and packaged in the killing, roughing, pinning, chilling, and packing room; however, such poultry shall be graded and packed in an area of the room which is well isolated from the killing and roughing operation. This part applies to poultry processing plants only.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1920 Eviscerating Room Floors

The floors in the eviscerating room shall be kept clean and reasonably dry during eviscerating operations and free of all refuse.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1930 Plant Sanitation

Plant operation shall be conducted in such a manner as will result in sanitary processing, proper inspection, and wholesome properly prepared ready-to-cook poultry, rabbits, or animals.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1940 Packaging Equipment

Mechanized packaging equipment shall be maintained in good sanitary condition.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1950 Prompt Offal Removal

All offal resulting from the eviscerating operation shall be removed as often as necessary to prevent the development of a nuisance.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1960 Container Liners

Paper and other material used for lining barrels or other containers in which products are packaged shall be of such kinds as do not tear readily during use, but remain intact when moistened by the product. Wooden containers to be used for packaging poultry, rabbits, or animals shall be fully lined except when the individual birds, rabbits, or animals to be packaged therein are fully wrapped.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1970 Protection of Products

Protective coverings shall be used for the product in the plant and as it is distributed from the plant, as will afford adequate protection for the product against contamination by any foreign substance (including, but not being limited to, dust, dirt, and insects), considering the means intended to be employed in transporting the products from the plant.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1980 Package Containers Sanitation

Containers to be used for packaging dressed poultry, rabbits, or animals and ready-to-cook poultry, rabbits, or animals shall be clean, free from objectionable substances or odors, and of sufficient strength and durability to adequately protect the product during normal distribution. Dressed and ready-to-cook poultry, rabbits, or animals, other than that which is to be ice packed, shall be adequately drained to remove ice and free water prior to packing and packaging.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.1990 Refuse Handling

Refuse may be moved directly to loading docks only for prompt removal.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.2000 Cleanliness and Hygiene of Personnel

All employees coming in contact with dressed poultry, rabbits, or animals, exposed edible products or edible products handling equipment shall wear clean garments and shall keep their hands clean at all times while thus engaged.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.2010 Infections and Open Sores

Hands of employees handling dressed poultry, rabbits, or animals or edible products or edible products handling equipment shall be free of infected cuts, boils, and open sores at all times while thus engaged.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.2020 Hand Washing

Every person after each use of toilet or change of garments shall wash his or her hands thoroughly before returning to duties that require the handling of dressed poultry, rabbits, or animals or edible products or containers therefor or edible products handling equipment.

History

Statutory Authority: MS s 31.54
History: 17 SR 1279

Minn. R. 1545.2030 Use of Tobacco Prohibited

Neither smoking nor chewing of tobacco shall be permitted in any room where exposed edible products are prepared, processed, or otherwise handled.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.2040 Temperatures and Cooling and Freezing Procedures

Temperatures and procedures which are necessary for cooling and freezing dressed and ready-to-cook poultry, rabbits, or animals, including all edible portions thereof, shall be in accordance with sound operating practices which ensure the prompt removal of the animal heat and as will maximize the preservation of the quality and condition of the poultry, rabbits, or animals.

History

Statutory Authority: MS s 31.54

Minn. R. 1545.2050 Fish Unfit for Human Food

Fish unfit for human food, whether parasitic or not, which are offered for sale for animal food must be denatured or identified so as to prohibit their use for human food. Denaturing must be accomplished either by cutting the fish in two immediately behind the abdominal cavity or by dyeing the fish with methyl violet. The strength of the dye solution used may not be less than one part of dye to 5,000 parts of water.

History

Statutory Authority: MS s 31.11
History: 9 SR 693

Minn. R. 1545.2060 Packing Boxes and Containers of Denatured Fish

All packing boxes and containers containing denatured fish shall bear thereon in a conspicuous manner in bold face type not less than one-half inch in height the statement "for animal food only." Such statement shall be printed or form a part of the main label affixed to or stamped on such packing boxes or containers or shall be stamped on the same end or side of such packing boxes or containers that such main label is affixed or stamped thereon.

History

Statutory Authority: MS s 31.10; 31.101

For the purposes of parts 1545.2840 to 1545.3120 the following words, phrases, names, and terms shall be construed respectively to mean.

Subp. 2. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Agriculture.

Subp. 3. Department.

"Department" means the Minnesota Department of Agriculture.

Subp. 4. Fish.

"Fish" means any completely aquatic, water-breathing craniate vertebrates having the limbs (when present) developed as fins with a body commonly covered with scales or plates.

Subp. 5. Fish processing establishment.

"Fish processing establishment" means the premises, buildings, structures, and equipment (including, but not limited to, machines, utensils, and fixtures) employed or used with respect to the processing of fish or fish products.

Subp. 6. Fish processing or processing.

"Fish processing" or "processing" means any operation or combination of operations in an establishment whereby fish or fish products are cut, fabricated, cured, salted, heat treated, packed, repacked, dried, smoked, or reprocessed for sale at wholesale as food for human consumption.

Subp. 7. Fish product.

"Fish product" means any article of food or any article intended for or capable of being used as human food which is derived or prepared in whole or in substantial and definite part from any portion of any fish.

Subp. 8. Inspector.

"Inspector" means an inspector of the department.

Subp. 9. Minnesota condemned or any authorized abbreviations.

"Minnesota condemned" or any authorized abbreviations thereof means the fish or fish product so marked or so identified is unsound, unhealthful, unwholesome, or otherwise unfit for human food.

Subp. 10. Minnesota rejected or any authorized abbreviation.

"Minnesota rejected" or any authorized abbreviation thereof means equipment, utensil, room, or compartment so marked or so identified has been declared unclean or otherwise unsatisfactory for use by an inspector and shall not be used in any fish processing operation while so marked or so identified.

Subp. 11. Minnesota retained or any authorized abbreviations.

"Minnesota retained" or any authorized abbreviations thereof means the fish or fish product or any other article so marked or so identified is held for further examination by an inspector to determine its disposal.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.2850 Permits

After July 1, 1964, no person shall process fish in Minnesota for sale at wholesale without first obtaining a permit therefor from the commissioner. Applications for permits shall be made on forms provided by the commissioner who shall cause the place to be inspected before granting a permit. On finding that the applicant maintains a proper place and equipment, the commissioner shall issue a permit to the applicant. Permits shall expire on June 30, following their issue.

History

Statutory Authority: MS s 28A.10
History: 17 SR 1279

Minn. R. 1545.2860 Renewal of Permits

Permits shall be renewed annually on July 1. Applications for renewal of permits shall be filed on or before June 30. The commissioner may cause the place to be inspected before granting renewal of a permit. On finding that the applicant maintains a proper place and equipment, the commissioner shall reissue a permit to the applicant.

History

Statutory Authority: MS s 28A.10
History: 17 SR 1279

Minn. R. 1545.2870 Revocation of Permit, Notice; Reinstatement

After giving the person to whom a permit has been issued at least seven days notice of the date and place of hearing and an opportunity to be heard, the commissioner may by order revoke any permit when the person to whom a permit has been issued fails to comply with any of the provisions of parts 1545.2840 to 1545.3120. Such notice may be given either by personal service upon the person to whom a permit has been issued or by mailing the same to the person by registered mail. The commissioner may reinstate any permit when the person who originally held the permit has complied with the provisions of these parts.

History

Statutory Authority: MS s 28A.10
History: 17 SR 1279

Minn. R. 1545.2880 Inspections and Corrective Orders

The commissioner shall at such times as the commissioner deems necessary cause any fish processing establishment or place of business where fish are processed to be inspected and shall make such order as is necessary to correct insanitary conditions in any such plant. Each order shall specify the time within which it shall be complied with and such order shall be served in person or by registered mail. The commissioner or any of the commissioner's representatives or inspectors may enter any plant or any place of business in which fish processing operations are being conducted at any reasonable hour for inspection purposes. Free access to every part of the premises shall be offered, and aid and assistance necessary to enable the person making the inspection to make a thorough and complete examination shall be given.

History

Statutory Authority: MS s 28A.10
History: 17 SR 1279

Minn. R. 1545.2890 Tagging Insanitary Equipment, Utensils, Rooms, or Compartments

When in the opinion of an inspector any equipment, utensil, room, or compartment at a fish processing establishment is unclean or its use would be in violation of any of these rules the inspector may attach a Minnesota rejected tag or notice thereto. No equipment, utensil, room, or compartment so tagged shall again be used until made acceptable and approved for use by an inspector. Such tag or notice so placed shall not be removed from any equipment, utensil, room, or compartment by anyone other than an inspector.

History

Statutory Authority: MS s 28A.10
History: 17 SR 1279

Minn. R. 1545.2900 Conditions of Premises

The premises of the fish processing establishment shall be free from conditions objectionable to food processing operations. Such conditions include, but are not limited to, the following: strong offensive odors; litter, waste, and refuse within the immediate vicinity of the plant buildings or structures; excessively dusty roads, yards, or parking lots; and poorly drained areas.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.2910 Buildings and Structures

The fish processing establishment buildings and structures shall be properly constructed and maintained in a sanitary condition, including, but not being limited to, the requirements in parts 1545.2920 to 1545.2970.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.2920 Lighting

There shall be sufficient light consistent with the use to which the particular portion of the building is devoted and to permit efficient cleaning. All rooms in which fish are processed shall be considered as having sufficient light if at least 30 footcandles of light intensity are provided on all working surfaces except that belts and tables on which picking, sorting, or trimming operations are carried on shall be provided with at least 50 footcandles of light intensity. In all other rooms there shall be provided at least five footcandles of light intensity when measured at a distance of 30 inches from the floor.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.2930 Ventilation

If practicable there shall be sufficient ventilation in each room and compartment thereof to prevent excessive condensation of moisture and to ensure sanitary and suitable processing and operating conditions. If such ventilation does not prevent excessive condensation, the commissioner may require that suitable facilities be provided to prevent the condensate from coming in contact with equipment used in processing operations and with any ingredient used in the manufacture or production of a processed product.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.2940 Waste Disposal and Plumbing System

There shall be an efficient waste disposal and plumbing system. All drains and gutters shall be properly installed with approved traps and vents and shall be maintained in good repair and in proper working order.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.2950 Roofs and Other Parts of Buildings and Structures

Roofs shall be weather tight. The walls, ceilings, partitions, posts, doors, and other parts of all buildings and structures shall be of such materials, construction, and finish as to permit their efficient and thorough cleaning. The floors shall be constructed of tile, concrete, or other equally impervious material, shall have good surface drainage, and shall be free from openings or rough surfaces which would interfere with maintaining the floors in a clean condition.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.2960 Rooms and Compartments

Each room and each compartment in which any processed products are handled, processed, or stored shall be so designed and constructed as to ensure processing and operating conditions of a clean and orderly character; shall be free from objectionable odors and vapors; and shall be maintained in a clean and sanitary condition.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.2970 Exclusion of Dogs, Cats, and Vermin

Every practical precaution shall be taken to exclude dogs, cats, and vermin (including, but not being limited to, rodents and insects) from the rooms in which processed products are being prepared or handled and from any rooms in which ingredients (including, but not being limited to, salt, sugar, spices, flour, syrup, and fishery products) are handled or stored. Screens or other devices adequate to prevent the passage of insects shall, where practical, be provided for all outside doors and openings. The use of poisonous cleansing agents, insecticides, bactericides, or rodent poisons shall not be permitted except under such precautions and restrictions as will prevent any possibility of their contamination of the processed product.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.2980 Water Supply

The water supply shall be ample, clean, and potable with adequate pressure and facilities for its distribution in the plant and its protection against contamination and pollution. The provisions of parts 1545.2980 and 1545.2990 shall be considered as having been met if the water supply complies with the specifications set forth in section VII of the Manual of Water Supply Sanitation of the Minnesota Department of Health, which standards have been adopted by the commissioner of agriculture or the specifications set forth in section X of the Manual of Water Supply Sanitation for Small Surface Water Supply Installations of the Minnesota Department of Health, which standards are hereby adopted by the commissioner of agriculture for private surface water supplies for all fish processing plants.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.2990 Hot Water

Hot water at a temperature not less than 180 degrees Fahrenheit shall be available for sanitation purposes. Hot water for cleaning rooms and equipment shall be delivered under pressure to sufficient convenient outlets and shall be of such temperature as to accomplish a thorough clean up.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.3000 Facilities

Each fish processing establishment shall be equipped with adequate sanitary facilities and accommodations, including, but not being limited to those listed in parts 1545.3010 to 1545.3050.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.3010 Toilet Rooms

There shall be a sufficient number of adequately lighted toilet rooms ample in size and conveniently located. Such rooms shall not open directly into rooms or compartments in which processed products are being manufactured, produced, or handled. Toilet rooms shall be adequately screened and equipped with self-closing doors and shall be provided with mechanical ventilation.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.3020 Lavatories

Conveniently located hand-washing facilities (lavatories) shall be provided for employees and inspectors. Each lavatory must be supplied with hot and cold running water, soap, and an ample supply of sanitary towels in suitable dispensers and a suitable receptacle for used towels. The use of a common towel is prohibited. Lavatories shall be directly connected to the drainage system.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.3030 Containers for Processed Products

Containers intended for use as containers for processed products shall not be used for any other purpose.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.3040 Product or Material Creating Objectionable Condition

No product or material which creates an objectionable condition shall be processed, handled, or stored in any room, compartment, or place where any processed product is manufactured, processed, or handled.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.3050 Facilities for Cleaning

Suitable facilities for cleaning (brooms, brushes, mops, clean cloths, hose, nozzles, soaps, detergent, sprayers, and steam pressure hose and guns) shall be provided at convenient locations throughout the fish processing establishment.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.3060 Equipment

All equipment used for receiving, washing, segregating, picking, processing, packaging, or storing any processed products or any ingredients used in manufacture or production thereof shall be of such design, material, and construction as will enable the examination, segregation, preparation, packaging, and other processing operations applicable to processed products in an efficient, clean, and sanitary manner and permit easy access to all parts to ensure thorough cleaning and effective bactericidal treatment. Insofar as is practicable all such equipment shall be made of corrosion-resistant material that will not adversely affect the processed product by chemical action or physical contact. Such equipment shall be kept in good repair and sanitary condition.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.3070 Operations and Operating Procedures

All operations in the receiving, transporting, holding, segregating, preparing, processing, packaging, and storing of processed products and ingredients used as aforesaid, shall be strictly in accord with clean and sanitary methods and shall be conducted as rapidly as practicable and at temperatures that will not tend to cause any material increase in bacterial or other microorganic content or any deterioration or contamination of such processed products or ingredients.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.3080 Mechanical Adjustments

Mechanical adjustments or practices which may cause contamination of foods by oil, dust, paint, scale, fumes, grinding materials, decomposed food, filth, chemicals, or other foreign materials shall not be conducted during any manufacturing or processing operation.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.3090 Removal and Segregation of Certain Products

All processed products which are not manufactured or prepared in accordance with the requirements of these parts or are not fit for human food shall be removed and segregated prior to any further processing operation.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.3100 Ingredients

All ingredients used in the manufacture or processing of any processed product shall be clean and fit for human food.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.3110 Methods and Procedures

The methods and procedures employed in the receiving, segregating, handling, transporting, and processing of ingredients in the plant shall be adequate to result in a satisfactory processed product. Such methods and procedure include, but are not limited to, the following requirements:

A. Containers, utensils, pans, and buckets used for the storage or transporting of partially processed food ingredients shall not be nested unless rewashed before each use.

B. Containers which are used for holding partially processed food ingredients shall not be stacked in such a manner as to permit contamination of the partially processed food ingredients.

C. Packages or containers for processed products shall be clean when being filled with such products, and all reasonable precautions shall be taken to avoid soiling or contaminating the surface of any package or container liner which is or will be in direct contact with such products. If, to assure a satisfactory finished product, changes in methods and procedures are required by the commissioner, such changes shall be effectuated as soon as practicable.

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.3120 Health of Personnel

In addition to such other requirements as may be prescribed by the commissioner with respect to persons in any room or compartment where exposed ingredients are prepared, processed, or otherwise handled, the following shall be complied with. No person affected with any communicable disease (including, but not being limited to, tuberculosis) in a transmissible stage shall be permitted. Infections or cuts shall be covered with rubber gloves or other suitable covering. Clean, suitable clothing shall be worn. Hands shall be washed immediately prior to starting work and each resumption of work after each absence from the work station. Spitting and the use of tobacco are prohibited. All necessary precautions shall be taken to prevent the contamination of processed products and ingredients thereof with any foreign substance (including but not being limited to perspiration, hair, cosmetics, and medicament).

History

Statutory Authority: MS s 28A.10

Minn. R. 1545.3130 Definitions

Subpart 1. Applicability.

For the purpose of parts 1545.3130 to 1545.3170 the following words, phrases, names, and terms have the meanings given them in this part.

Subp. 2.

[Repealed, 25 SR 1241]

Subp. 3. Commissioner.

"Commissioner" means the commissioner of the Minnesota Department of Agriculture.

Subp. 4. Department.

"Department" means the Minnesota Department of Agriculture.

Subp. 5. Fish.

"Fish" means any completely aquatic, water-breathing craniate vertebrates having the limbs (when present) developed as fins, with a body commonly covered with scales or plates.

Subp. 6. Fish product.

"Fish product" means any article of food or any other article intended for or capable of being used as human food which is derived or prepared, in whole or in substantial and definite part, from any portion of any fish.

Subp. 7. Fish smoking establishment.

"Fish smoking establishment" means the premises, building, structures, and equipment (including, but not limited to, machines, utensils, and fixtures) employed or used with respect to the smoking of fish or fish products.

Subp. 8. Smoked fish.

"Smoked fish" means product obtained by subjecting fresh fish, frozen fish, dried fish, or cured fish to the direct action of the smoke either of burning wood, wood sawdust, or of similar burning material.

History

Statutory Authority: MS s 28A.10; 31.101
History: 25 SR 1241

Minn. R. 1545.3140 Permits

No person shall smoke fish for sale in Minnesota without first obtaining a permit therefor from the commissioner. Applications for permits shall be made on forms provided by the commissioner, who shall cause the fish smoking establishment to be inspected before granting a permit. On finding that the applicant maintains a proper establishment and equipment all in conformity to this rule and other applicable state laws and rules, the commissioner shall issue a permit to the applicant. Permits shall expire on June 30, following their issue.

History

Statutory Authority: MS s 28A.10
History: 17 SR 1279

Minn. R. 1545.3150 Permits Granted to Establishments Not Located in Minnesota

The commissioner may issue a permit to smoke fish for sale in Minnesota to a fish smoking establishment located outside Minnesota. Application for the permit must be made on forms provided by the commissioner and must include a statement or letter to the commissioner from the appropriate state department of agriculture or the public health authority in the area certifying that the applicant maintains facilities and processing procedures in compliance with parts 1545.3130 to 1545.3170. Permits issued under this part expire on June 30, following their issue. Application for renewal of a permit issued under this part must be in accordance with part 1545.3160 and include the statement or letter required by this part.

History

Statutory Authority: MS s 28A.10; 31.101
History: 25 SR 1241

Minn. R. 1545.3160 Renewal of Permits

Permits shall be renewed annually on July 1. Application for renewal of permits shall be filed on or before June 30. The commissioner may cause the fish smoking establishment to be inspected before granting renewal of a permit. On finding that the applicant maintains a proper fish smoking establishment and equipment, the commissioner shall reissue a permit to the applicant.

History

Statutory Authority: MS s 28A.10
History: 17 SR 1279

Minn. R. 1545.3170 Facilities and Equipment

No person shall operate a fish smoking establishment unless it conforms to the requirements of Minnesota rules relating to fish processing establishments, parts 1545.2840 to 1545.3120; provided, however, that compliance with these parts does not excuse failure to comply with all applicable sanitary ordinances, laws, rules, and regulations of city, county, state, federal, or other agencies having jurisdiction over such plants and operations.

History

Statutory Authority: MS s 28A.10

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0100 No Label or Descriptive Matter

It is prohibited to sell or offer for sale a food product in package form when the package bears no label or descriptive matter whatever connected with it.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0110 Special Labeling

An article of food, which, under the law or rules, requires special labeling, must carry such label, not only on the original package, but on all lots removed for display or for the convenience of handling.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0120 Deceptive or Misleading Oral Statements Regarding Unlabeled Goods

Any article of food, which, under parts 1550.0090 to 1550.0110, does not require labeling, must not be sold, exhibited, or offered for sale in such a manner as to be liable to mislead or deceive the purchaser. Deceptive or misleading oral statements regarding the nature or quality of unlabeled goods are prohibited.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0130 Articles of Food Taken from Original Package

Articles of food taken from the original package and susceptible to misrepresentation, when put in other packages or containers by the dealer, shall be labeled as delivered to the purchaser to show the source or kind of product contained therein.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0140 Retail Cartons or Other Outside Containers

Retail cartons or other outside containers shall be labeled according to the same rules as are applied to the bottle or other receptacle containing the article of food.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0150 Mutilation or Destruction of Labels in Opening Packages

Labels on barrels, boxes, tubs, pails, casks, or other packages must be so placed as not to subject them to mutilation or destruction in opening such packages. If packages are used from which food is being sold or offered for sale or displayed and from which the original label has been removed, destroyed, or rendered illegible, the article contained therein shall be considered misbranded within the meaning of the law.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0160 [Repealed, 24 SR 546]

The terms "compound" and "mixture" are interchangeable. A product is a compound when it consists of a mixture of one or more ingredients with a substantial amount of one or more natural products and when the natural ingredient or ingredients predominate in any one or more of the valuable or essential characteristic qualities of the finished product.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0290 [Repealed, 24 SR 546]

[Repealed, 24 SR 546]

Minn. R. 1550.0300 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1550.0310 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1550.0320 By-Products or Waste Food Material

A food which consists in whole or in part of sound by-product or waste food material, such as pieces, stems, trimmings, and the like, shall not be labeled with the unqualified name of the substance from which such material is derived. The package containing the article of food shall be labeled so as to clearly indicate the name of the material from which the food is manufactured, using such descriptive terms as "trimmings," "stems," "pieces," or other appropriate descriptive terms, as the case may be.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0330 Certain Adulterations Not Corrected by Label

Proper labeling alone will not remove an article from the operation of the law. Certain forms of adulteration, e.g., the addition of a poisonous or deleterious ingredient which may render the article injurious to health, can not be corrected by any form of labeling.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0340 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1550.0350 Powdering

An article of food shall neither be covered with a powder nor reduced to a powder in such a manner that damage or inferiority is concealed.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0360 Coating, Staining, or Other Treatment

Food products shall not be coated, stained, or otherwise treated whereby damage or inferiority is concealed or the product is made to appear better than it really is.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0370 Preservatives

The use of boric acid or borates, salicylic acid, or salicylates, formaldehyde, sulfurous acid or sulfites, hydrofluoric acid or fluorides or any added poisonous or deleterious ingredient which may render a food product unwholesome, injurious, or detrimental to health is prohibited by law. Exception will be made in the case of food products found to contain sulfurous acid as the result of the application for bleaching purposes of the fumes of burning sulfur to those food products which contain sugars or other substances with which sulfurous acid may combine, providing that the total amount of sulfur dioxide in the finished product does not exceed 350 milligrams per liter or 350 milligrams per kilogram of the total product and of which not over 70 milligrams exists as free sulfur dioxide.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0380 [Repealed, 24 SR 546]

[Repealed, 24 SR 546]

Minn. R. 1550.0390 Use of Preservative to Conceal Damage or Inferiority

A preservative or other substance, even though harmless, shall not be used in the preparation of any article of food in a manner whereby damage or inferiority is concealed or the product made to appear better than it really is.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0400 Compounds or Mixtures of Preservatives

Compounds or mixtures designed and offered for sale for use in preserving or preparing food products and which contain two or more ingredients not expressly prohibited by law shall be plainly labeled with the names and percentages of the ingredients composing the compound or mixture, clearly printed in the order of their predominance.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0410 Food Products Misbranded or Adulterated

A food product shall be regarded as adulterated or misbranded when it falls below the standard or quality, purity, or strength which has been adopted under the provisions of Minnesota Statutes, section 31.10 of the food law. An article of food which is correctly labeled as to composition, place of manufacture, name of manufacturer, or otherwise may nevertheless be adulterated and hence will be sold in violation of the food law. A food product which on examination shows evidence of filth, putrescence, or decomposition and therefore is unfit for food is adulterated. Any food product which contains a poisonous or deleterious ingredient naturally present does not come within the provisions of the law and is unsalable. A product shall be deemed misbranded if any required phrase or statement, as "artificially colored," "imitation maple syrup," or the required statement of weight or measure or name and address of manufacturer, be not placed upon the label in plain intelligible words or figures.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0520 Concentrates and Fountain Syrups

A fruit syrup, fountain syrup, or concentrate, which bears the name of a fruit, or a name suggestive of a specific kind of fruit, shall be made wholly from the juice or unmanipulated edible portion of the fruit indicated in the name, with or without the addition of sugar, dextrose, corn syrup, or corn syrup solids. A fruit syrup, fountain syrup, nectar, or concentrate, flavored with an essential oil fruit flavor or a synthetic fruit essence, with or without sugar, dextrose, corn syrup, or corn syrup solids, with or without artificial coloring matter, shall contain a minimum of eight ounces per gallon of citric and/or tartaric acid and shall be labeled "imitation (name of fruit) flavored beverage base" or "(name of fruit) flavored beverage base" as the case may be, depending on whether the predominating characteristic qualities of the finished product are given by the imitation ingredients or by the natural fruit flavor. An article to which sugar is customarily added by the purchaser before a beverage is made, shall bear the statement "use with sugar" or some other similar statement immediately beneath the name of the article. This information shall be followed by a statement with the names of the principal or essential ingredients composing the product, plainly stated in the order of their predominance and printed in uniform size of type.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0530 Phosphate Concentrate

A product labeled or sold as a phosphate concentrate must contain an appreciable amount of phosphoric acid or acid phosphate with or without other acid material commonly used in the preparation of beverages, provided that none of the acid ingredients are of such a nature as to render the product injurious to health.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0540 Imitation Fruit Extracts, Compounds, and Other Similar Preparations

Imitation fruit extracts, compounds, and other similar preparations cannot bear pictures of fruits on labels; neither can pictures of fruits be used on pamphlets, circulars, folders, signs, newspapers, and any other forms of advertising material.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0550 [Repealed, 24 SR 546]

[Repealed, 24 SR 546]

Minn. R. 1550.0560 [Repealed, 24 SR 546]

[Repealed, 24 SR 546]

Minn. R. 1550.0570 Mixed Syrups and Sugars

A. The term "syrup," as applied to a table syrup, pancake syrup, or any food syrup consisting of one syrup ingredient, shall be plainly qualified by the common name of the syrup. The qualifying name shall be printed on the label with a prominence equal to that of the term "syrup." A syrup consisting of a mixture of two or more edible syrups shall be labeled with the names of all the ingredients plainly stated in the order of their predominance and printed in uniform size of type.

B. A syrup containing 50 percent or more by weight of maple syrup shall be labeled with the name "maple syrup" preceding the name of the other syrup, as for example "maple syrup and can syrup."

C. A syrup containing 15 percent or more and less than 50 percent by weight of maple syrup shall be labeled with the name "maple syrup," following the name of the other syrup, as for example, "refiners syrup and maple syrup."

D. A syrup containing less than 15 percent, by weight of maple syrup shall be labeled with the statement "with a trace of maple syrup added" following the name of the syrup as for example "sugar syrup with a trace of maple syrup added."

E. A sugar containing 50 percent or more by weight of maple sugar, shall be labeled with the name "maple sugar," preceding the name of the other sugar.

F. A sugar containing 15 percent or more and less than 50 percent by weight of maple sugar shall be labeled with the name "maple sugar," following the name of the other sugar.

G. A sugar containing less than 15 percent by weight of maple sugar, shall be labeled with the statement "with a trace of maple sugar added," following the name of the sugar, as for example, "cane sugar with a trace of maple sugar added."

H. The word "maple" shall in all cases be printed in type of the same size and style and in the same color as may be used in printing the name of any other syrup, molasses, or sugar with which the maple sugar or syrup is mixed.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0580 Powdered Sugar

Powdered sugar may be mixed with starch provided the amount of starch does not exceed three percent and also provided that the package in which it is sold shall be plainly labeled stating the percentage and kind of starch contained therein.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0590 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1550.0600 Mixed Flours

A product consisting of a mixture of flours obtained from different cereals shall not be named after a single constituent, but shall bear upon the label the names of the ingredients plainly stated in the order of their predominance and printed in uniform size of type.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0610 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1550.0620 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1550.0630 Vinegar

The terms "cider vinegar," "apple cider vinegar," and "apple vinegar" are synonymous and apply only to the product made exclusively from the juice of fresh apples by alcoholic and subsequent acetous fermentations. By the term "vinegar," used without qualification, is meant cider vinegar. Any vinegar other than cider vinegar, sold or offered for sale under the name "vinegar," unqualified, will be held to be misbranded. A vinegar made by the alcoholic and subsequent acetous fermentations of the aqueous solutions prepared from apple by-product, skins, cores, and chops, shall be plainly labeled "evaporated apple products vinegar," "apple by-product vinegar," or by other term correctly describing the material from which it is produced. The apple stock from which the vinegar is prepared must be clean and sound.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0640 Labeling or Stenciling of Vinegar Container

Any bottle, keg, cask, barrel, or other container, in which vinegar is sold or held for sale, shall be plainly labeled or stenciled with a declaration of the kind of vinegar contained therein, the quantity of vinegar in terms of measure, the acetic acid strength of the vinegar and the name and address of the manufacturer or producer. Any container in which vinegar is sold in retail, except when delivered to the purchaser in the properly labeled original package of the manufacturer, shall be plainly labeled or marked by the seller stating the kind of vinegar so delivered or sold, whether such container be furnished by the seller or the purchaser.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0650 Kosher Food Products; Rabbinical Council Defined

For the purposes of parts 1550.0650 to 1550.0840, "rabbinical council" shall include a recognized rabbinical council, a duly ordained rabbi or duly ordained rabbis or their respective designates who supervise the preparation of kosher food products and sanction them as being kosher and prepared or processed in accordance with orthodox Hebrew religious requirements.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0660 Authorized Marking Materials

Branding ink, crayons, pencils, and other authorized marking materials used on kosher meat and meat preparations shall be made from harmless ingredients approved by the commissioner. Only purple color shall be used in such marking materials. Where referred to in parts 1550.0650 to 1550.0840, the term "branding ink" shall include all marking materials such as branding ink, crayons, and pencils.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0670 Markings Legibility

All required markings and labels shall be applied in such a manner as to be clearly legible.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0680 Labeling

All kosher food products shall be identified with the word "kosher" and except as provided for in part 1550.0800, the name of the rabbinical council supervising their preparation and such other information as provided for in these rules. When kosher food products are sold in package form, the labeling requirements for foods sold in package form also apply.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0690 Labeling Kosher Fresh Meat

Each kosher forequarter of beef, foresaddle of veal, and each foresaddle of lamb shall be identified by the shochet with the word "kosher," the week and day of the week of the slaughter and the shochet's initial or name. Such identification shall be in Hebrew letters or symbols applied with branding ink on either the interior wall or on the exterior surface across the approximate center of such forequarter of beef or of one of the forequarters of veal or lamb. Each quarter of kosher beef shall be identified further by four additional markings or stampings consisting of the word "kosher" and the name of the rabbinical council supervising the slaughter. Such markings shall be in Hebrew letters or symbols applied with branding ink, one each to be placed on the rib, the upper portion of the plate, the approximate center of the square chuck, and on the shin. Each forequarter of veal and lamb shall have two such stampings, one located midway across the side of the breast and ribs and the other on the approximate center of the shoulder. These markings shall be stamped on the interior wall or on the exterior surface of the forequarter.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0700 Labeling Bulk Cuts of Kosher Fresh Meats

Each piece of fresh or frozen meat offered for sale or sold in bulk as kosher shall be labeled with the word "kosher" and the name of the rabbinical council supervising the preparation, in Hebrew letters or symbols applied in branding ink, roll-marked across the entire surface; or this information and the plant identity in English words, letters, or symbols, may be given on a nonremovable, single-use, self-locking seal.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0710 Labeling Kosher Fresh Meat Trimmings Sold in Bulk Packages or Barrels

Bulk packages or barrels of fresh kosher meat trimmings shall be labeled in Hebrew letters or symbols with the word "kosher" and the name of the rabbinical council supervising their preparation.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0720 Labeling Kosher Tongue and Livers

Each kosher tongue and each kosher liver shall be marked with the word "kosher" and the name of the rabbinical council supervising the slaughter. Such markings shall be in Hebrew letters or symbols applied in branding ink or branded by a hot branding iron.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0730 Labeling Kosher Poultry

Kosher poultry shall be labeled by the shochet with the word "kosher," the day of the week the fowl was slaughtered, and the name of the rabbinical council under whose supervision the fowl was slaughtered. Such information shall be written in branding ink on the fowl or attached to it by means of a nonremovable, single-use, self-locking seal.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0740 Labeling Meat Unfit for Kosher Plumba

When a carcass is found after ritual slaughter to be unfit to bear kosher plumba, the shochet shall mark it in a legible manner in branding ink with the word "tref." No such meat nor any preparation made therefrom shall be sold as "kosher."

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0750 Fresh Kosher Meat Restrictions

Fresh meat bearing the kosher plumba shall be used or processed within 12 days from the date of slaughter or shall be marked by the rabbinical council with the word "tref," in branding ink. No such meat nor any meat preparation made therefrom shall be sold as "kosher."

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0760 Labeling Kosher Cured, Cooked, or Prepared Meat and Meat Preparations

Each piece of kosher cured, cooked, or prepared meat or meat preparation shall be labeled with the word "kosher" and the name of the rabbinical council supervising the preparation. Such information shall be given in Hebrew letters or symbols applied with hot branding iron or branding ink across the entire surface in such a manner that when any portion of the piece is sold the remaining portion will bear all such required markings; or this required information and the plant identity in English words, letters, or symbols, may be given on a nonremovable, single-use, self-locking seal which shall remain attached to the piece of meat or meat preparations until the last portion is sold. When such meat or meat preparations are sold in bulk containers, each individual piece also shall be so labeled.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0770 Labeling Kosher Wieners, Sausages, and Frankfurters in Bulk Containers

Each kosher wiener, sausage, and frankfurter sold in bulk containers shall be labeled with the word "kosher" and the name of the rabbinical council supervising the preparation. Such information shall be given in Hebrew letters or symbols on each wiener, sausage, and frankfurter by one of the following methods: use of branding ink applied directly to the product; use of casings with the required information printed thereon; use of individual, single-use, paper bands with the required information printed thereon. Bulk container for such wieners, sausages, and frankfurters shall bear labels giving all the mandatory information required for packaged foods in addition to the word "kosher" and the name of the rabbinical council supervising the preparation.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0780 Prepackaged Kosher Meats

No prepackaged fresh, frozen, or processed meats may be labeled "kosher" unless all prepackaging is done under supervision of a recognized rabbinical council.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0790 Other Kosher Food Products

Each individual package of kosher food products shall be labeled with: the word "kosher" and except as provided for in part 1550.0800 the name of the rabbinical council under whose supervision the product was prepared and packaged.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0800 Use of Duly Adopted Rabbinical Symbol

The requirements of parts 1550.0680 and 1550.0790 shall be satisfied if all kosher food products are identified by and each individual package of kosher food products is labeled with a duly adopted rabbinical symbol for identifying food products as kosher and as having been prepared or processed in accordance with orthodox Hebrew religious requirements and sanctioned by a rabbinical council. A duly adopted rabbinical symbol is a symbol which is:

A. authorized by a rabbinical council for use to identify food products which it sanctions as being kosher and as having been prepared or processed in accordance with orthodox Hebrew religious requirements;

B. filed with the commissioner before it first is used and refiled on or before January 1 of each year thereafter; and

C. attested to the commissioner as being authorized by and the property of such rabbinical council, for its use only, as a duly adopted rabbinical symbol.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0810 Meat Preparations

The term "meat preparations" includes all foods made in whole or in part from meat or poultry or any products derived therefrom.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0820 Identification of Kosher Meats and Meat Products Sliced, Cut, Ground, or Chopped in Advance of Sale

No person shall slice, cut, grind, or chop, in advance of sale, any kosher meat or meat products for storage or exposure for sale to the ultimate consumer as kosher, unless such meats or meat products shall have been cut from kosher quarters or kosher bulk pieces of beef, veal, or lamb, shall have been sliced, cut, ground, or chopped under rabbinical supervision, and are exposed for sale under a sign or placard identifying the rabbinical council under whose supervision these kosher products were sliced, cut, ground, or chopped.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0830 Word "kosher" Limited to Kosher Foods

Except as provided for in the kosher food law (Minnesota Statutes, sections 31.651 to 31.681), no person shall label, represent, or advertise any food product with the word "kosher" or with any combination of words including the word "kosher" unless such product has been prepared or processed in accordance with orthodox Hebrew religious requirements sanctioned by a recognized rabbinical council; provided, that this part shall not apply to the labeling of cucumber pickles in package form.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0840 Invoices and Bills of Lading

Each delivery, consignment, or shipment of kosher meats or meat preparations shall be accompanied by an invoice or bill of lading, setting forth the following information: the name and address of the consignor; the name and address of the consignees; the date of shipment; the word "kosher" preceding the name and weight or amount of each kind of kosher meat or meat preparation sold. Such invoices or bills of lading shall be kept on file by the consignee for a period of 30 days and shall be available at all reasonable times for examination by representatives of the Department of Agriculture.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0850 [Repealed, 24 SR 546]

[Repealed, 24 SR 546]

Minn. R. 1550.0860 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1550.0870 Colored Oranges

The shade or hue of the color of "color added" oranges shall not exceed the average representative natural color which such varietal oranges would have when naturally fully colored. Each color added orange shall have stamped on the skin thereof the words "color added" in dark ink in such manner that the words "color added" shall be clear and distinct and readily legible. All packing boxes and containers containing fruit so colored shall bear thereon in a conspicuous manner in bold face type not less than three-fourths inch in height the words "color added." Such words shall be printed on or from a part of the main label affixed to or stamped on such packing boxes or containers or shall be stamped on the same end or side of such packing boxes or containers that such main label is affixed or stamped thereon.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0880 Flour Bags

Flour and other cereals intended for human consumption shall not be packed and distributed in any used bag or sack unless such bag or sack shall first have been laundered. The term "laundered" shall mean the submerging of the bag or sack in boiling water and a complete washing of the same by the use of a standard soap or other standard cleansing agent.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0890 Definitions and Standards for Food

The definitions and interpretations of terms contained in Minnesota Statutes, sections 31.01 and 31.02, shall be applicable also to such terms when used in rules promulgated under the act. If a rule prescribing a definition and standard of identity for a food has been promulgated under Minnesota Statutes, sections 31.10 and 32D.02, subdivision 2, and the name therein specified for the food is used in any other rule under Minnesota Statutes, sections 31.10 and 32D.02, subdivision 2, or any other provision of the statute, such name means the food which conforms to such definition and standard, except as otherwise specifically provided in such other rule.

No provision of any rule prescribing a definition and standard of identity or standard of quality or fill of container under Minnesota Statutes, sections 31.10 and 32D.02, subdivision 2, shall be construed as in any way affecting the concurrent applicability of the general provisions of the act and the rules thereunder relating to adulteration and misbranding. For example all rules under Minnesota Statutes, sections 31.10 and 32D.02, subdivision 2, contemplate that the food and all articles used as components or ingredients thereof shall not be poisonous or deleterious and shall be clean, sound, and fit for food. A provision in such rules for the use of coloring or flavoring does not authorize such use under circumstances or in a manner whereby damage or inferiority is concealed or whereby the food is made to appear better or of greater value than it is.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0900 General Methods for Water Capacity of Containers

For the purposes of rules promulgated under Minnesota Statutes, sections 31.10 and 32D.02, subdivision 2, the term "general method for water capacity of containers" means the following method:

A. In the case of a container with lid attached by double seam, cut out the lid without removing or altering the height of the double seam.

B. Wash, dry, and weigh the empty container.

C. Fill the container with distilled water at 68 degrees Fahrenheit to 3/16 inch vertical distance below the top level of the container and weigh the container thus filled.

D. Subtract the weight found in item B from the weight found in item C of this paragraph. The difference shall be considered to be the weight of water required to fill the container. In the case of a container with lid attached otherwise than by double seam, remove the lid and proceed as directed in items B to D (except that under item C) fill the container to the level of the top thereof.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0910 General Method for Fill of Containers

The term "general method for fill of containers" means the following method:

A. In the case of a container with lid attached by double seam, cut out the lid without removing or altering the height of the double seam.

B. Measure the vertical distance from the top level of the container to the top level of the food.

C. Remove the food from the container; wash, dry, and weigh the container.

D. Fill the container with water to 3/16 inch vertical distance below the top level of the container. Record the temperature of the water, weigh the container thus filled, and determine the weight of the water by subtracting the weight of the container found in item C.

E. Maintaining the water at the temperature recorded in item D, draw off water from the container as filled in item D to the level of the food found in item B, weigh the container with remaining water and determine the weight of the remaining water by subtracting the weight of the container found in item C.

F. Divide the weight of water found in item E by the weight of water found in item D and multiply by 100. The result shall be considered to be the percent of the total capacity of the container occupied by the food. In the case of a container with lid attached otherwise than by double seam, remove the lid and proceed as directed in items B to F, except that under item D, fill the container to the level of the top thereof.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0920 General Statement of Substandard Quality and Substandard Fill of Container

Subpart 1. Quality.

For the purposes of rules promulgated under Minnesota Statutes, sections 31.10 and 32D.02, subdivision 2, the term "general statement of substandard quality" means the statement "Below Standard in Quality Good Food - Not High Grade" printed in two lines of Cheltenham bold condensed caps. The words "Below Standard in Quality" constitute the first line and the second immediately follows. If the quantity of the contents of the container is less than one pound, the type of the first line is 12-point and of the second, eight-point. If such quantity is one pound or more, the type of the first line is 14-point and of the second, ten-point. Such statement is enclosed within lines, not less than six points in width, forming a rectangle. Such statement, with enclosing lines, is on a strongly contrasting, uniform background and is so placed as to be easily seen when the name of the food or any pictorial representation thereof is viewed, wherever such name or representation appears so conspicuously as to be easily seen under customary conditions of purchase.

Subp. 2. Fill.

The term "general statement of substandard fill" means the statement "Below Standard in Fill" printed in Cheltenham bold condensed caps. If the quantity of the contents of the container is less than one pound, the statement is in 12-point type; if such quantity is one pound or more, the statement is in 14-point type. Such statement is enclosed within lines, not less than six points in width, forming a rectangle; but if the statement specified in subpart 1 is also used, both statements (one following the other) may be enclosed within the same rectangle. Such statement or statements, with enclosing lines, are on a strongly contrasting uniform background and are so placed as to be easily seen when the name of the food or any pictorial representation thereof is viewed, wherever such name or representation appears so conspicuously as to be easily seen under customary conditions of purchase.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0930 Definitions

Subpart 1. Commissioner.

"Commissioner" shall mean the commissioner of the Minnesota Department of Agriculture or the commissioner's agents.

Subp. 2. Delivery equipment.

"Delivery equipment" shall mean any vehicle or conveyance, together with its appurtenance, which is used for the delivery of food for or by a manufacturer, processor, or distributor licensed by the commissioner, whether or not such delivery equipment is owned or operated by the licensee, or is independently contracted for by the licensee or is contacted for with a common carrier.

Subp. 3.

[Repealed, L 2012 c 244 art 2 s 36]

Subp. 4.

[Repealed, L 2012 c 244 art 2 s 36]

Subp. 5.

[Repealed, L 2012 c 244 art 2 s 36]

Subp. 6.

[Repealed, L 2012 c 244 art 2 s 36]

Subp. 7.

[Repealed, L 2012 c 244 art 2 s 36]

History

Statutory Authority: MS s 31.101
History: 17 SR 1279; L 2012 c 244 art 2 s 36

Minn. R. 1550.0940 Construction of Delivery Equipment

All delivery equipment shall be constructed of material that will withstand repeated cleaning, shall be so designed as to be easily cleaned, and shall be kept clean, sanitary, and in good repair. Such equipment shall be designed to protect the food being handled from dust and dirt and other contamination.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0950 Delivery Equipment to Handle Perishable Food

In addition to the requirements in part 1550.0940, delivery equipment used to handle perishable food shall be constructed and operated to protect such food from temperatures which may permit or cause damage.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0960 Delivery Equipment to Handle Readily Perishable Foods

Delivery equipment used to handle readily perishable foods, in addition to the requirements above, shall be provided with mechanical refrigeration equipment or other refrigeration methods or facilities capable of maintaining a product temperature which will protect such readily perishable foods from spoilage and in no case shall the product temperature exceed 45 degrees Fahrenheit during the delivery process; provided, that where lower temperatures are required by state rules, such requirements shall supersede this temperature requirement; provided further, that the product temperature of milk and milk products covered by the Grade A Pasteurized Milk Ordinance, 1965 Recommendations of the United States Public Health Service, 1967 printing, shall conform to the requirements of that ordinance and of shell eggs shall conform to Minnesota Statutes, section 29.26.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0970 Delivery Equipment for Frozen Food

Such delivery equipment used for handling frozen food shall be capable of maintaining the product temperature at zero degrees Fahrenheit or lower; provided, that during defrost cycles, loading, and unloading, such product temperature shall not exceed ten degrees Fahrenheit.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0980 Delivery Equipment to Handle Hot Food

Such delivery equipment used to handle hot food shall be designed to maintain a product temperature of 140 degrees Fahrenheit or higher during the delivery process.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.0990 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1550.1000 Delivery Equipment Identification

Every manufacturer, processor, and distributor licensed by the commissioner shall, at the time of applying for said license, apply also, on forms provided by the commissioner, for identification for each delivery equipment unit which the applicant will operate during the license year. Whenever such a licensee uses any delivery equipment to deliver food, perishable food, readily perishable food, or frozen food, said identification supplied by the commissioner shall be carried by the operator or person in charge of said delivery equipment or be displayed in a prominent place on said equipment, plainly visible on the outside. Such identification displayed on the equipment or carried by the person in charge shall be prima facie evidence that the licensee is responsible for the acceptability of said delivery equipment of the use to which it is put.

History

Statutory Authority: MS s 31.101
History: 17 SR 1279

Minn. R. 1550.1010 Failure to Carry Identification

Failure of the person in charge of said delivery equipment or failure of the delivery equipment to carry the identification supplied by the commissioner or failure of the delivery equipment to conform to the requirements herein established for the use to which it is put shall be cause for the suspension or revocation of the license issued by the commissioner to said manufacturer, processor, or distributor.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.1020 Contract Hauler or Common Carrier

When the licensee engages the services of a contract hauler or common carrier to make such deliveries, an invoice or a bill of lading identifying the licensee, the carrier, and the consignee as well as whether the type of food being shipped is perishable food, readily perishable food, or frozen food shall be acceptable identification. Such invoice or bill of lading shall be prima facie evidence that the contract hauler or common carrier is responsible for the acceptability of said delivery equipment for the use to which it is put. For the purposes of parts 1550.0930 to 1550.1020, any manufacturer, processor, or distributor not subject to licensing by the commissioner or the commissioner's contract hauler or common carrier, nevertheless shall be subject to the applicable provisions of parts 1550.0930 to 1550.1020.

History

Statutory Authority: MS s 31.101
History: 17 SR 1279

Minn. R. 1550.1030 Quality Assurance Dating

It is recognized that foods vary in degrees of perishability, and as the time lengthens before a food begins to lose its palatability or its desired or nutritive properties, it becomes increasingly more difficult for the manufacturer or processor to determine when that time will arrive and so such determination becomes an estimate. Consequently, some degree of variability must be allowed from the quality assurance date declared on the label and the manufacturer or processor must be permitted the opportunity to explain the reasons for the variability on the label of the product. The following parts are designed to give the consumer the assurance that the food offered has retained its palatability and its desired or nutritive properties and to permit the manufacturer or processor to use experience and judgment to supply this information to the consumer.

History

Statutory Authority: MS s 31.783
History: 17 SR 1279

Minn. R. 1550.1040 Definitions

Subpart 1. Applicability.

The following terms have the meanings given to them.

Subp. 2. Commissioner.

"Commissioner" means the commissioner of agriculture or designee.

Subp. 3.

[Repealed, L 2012 c 244 art 2 s 36]

Subp. 4.

[Repealed, L 2012 c 244 art 2 s 36]

Subp. 5.

[Repealed, L 2012 c 244 art 2 s 36]

Subp. 6.

[Repealed, L 2012 c 244 art 2 s 36]

Subp. 7. Open date.

"Open date" means a date consisting of the name or abbreviation or numerical designation for the month, the numerical designation for the day of the month, and the name or abbreviation for the day of the week as provided herein, and if appropriate, the year. An open date may be one of the following:

A. Date of manufacture: the date the product was manufactured or processed. This date would be used with a statement such as "Use within 40 days of date shown" or other similar phrasing.

B. Date of packaging: the date the product was placed in the retail package in advance of sale. This date would be used with a statement such as "Use within 30 days of date shown" or other similar phrasing.

C. Pull date: the recommended last date for retail sale. With this date use a statement such as "Not to be sold after date shown" or "Do not sell after date shown" or "Last day of sale" or some equivalent phrasing.

D. Freshness date (quality assurance date): of the last date which the manufacturer or processor estimates the product will retain its original freshness or peak quality. With this date use a statement such as "For maximum freshness use before date shown" or other equivalent phrasing.

E. Expiration date: the last date the product can be expected to perform in a manner equal to consumer expectations. With this date use a statement such as "For best results use before the date shown" or other equivalent phrasing.

F. Shelf display date: the date used by a retailer to indicate when an item was put on display. The purpose of this date, if used, is to aid in the proper rotation of stock and it would be used by the retailer on those perishable foods which have short shelf life and which are exempt herein from open dating.

Subp. 8. Quality assurance date.

"Quality assurance date" means any date after which the manufacturer or processor reasonably determines that the product may, by spoilage, wiltage, drying, or any other foreseeable and natural phenomenon, lose its palatability or its desired or nutritive properties. As used in these parts, "quality assurance date" signifies a period of time beginning with the date of manufacture or the date when the food is packed for retail sale and ending with an open date as defined and explained in subpart 7.

History

Statutory Authority: MS s 31.783
History: L 2012 c 244 art 2 s 36

Minn. R. 1550.1060 Use of Open Date

Every manufacturer or processor of perishable food, except meat, poultry, frozen food, and fresh fruits and vegetables, as exempt by Minnesota Statutes, section 31.782, subdivision 3, and except as provided for herein, shall place on the package or label or labeling of such perishable food an open date as described and provided for in parts 1550.1030 to 1550.1250.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1070 Display of Open Date

The open date shall be printed, stamped, embossed, perforated, or otherwise shown on the package or the label on the package or the labeling accompanying the perishable food in such a manner that it can be easily read, shall be separated from other information or lettering so as to be clearly visible to the prospective purchaser, shall not be superimposed on any other required information, shall not be obscured by any other information, price tag, printing, or lettering, and shall not be placed on the surface on which the package usually rests during display except when dating equipment or methods are not available to place the open date on an exposed surface of the package as required herein. When the open date is shown on the bottom of the package, a label statement such as "See bottom of the package for the pull date" or other equivalent phrasing shall be shown conspicuously on an exposed surface of the package.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1080 Explanation of Open Date

Every open date used on the package, label, or labeling of a perishable food shall be explained so that the prospective purchaser can understand its significance and can identify the termination date of the quality assurance period for such perishable food.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1090 Other Information

The manufacturer or processor or packager not only shall give information explaining the meaning of the open date shown on the package, label, or labeling of such perishable food, but also may specify the conditions under which the open date will retain its validity, supply such other information as may be useful to the prospective purchaser in making decisions about the product, and give instructions to the purchaser relating to the proper care and handling of the product to prolong its quality assurance period.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1100 Easy Readability

The letters and numbers used to show open dates on the packages, labels, and labeling of perishable foods shall not be smaller than one-eighth inch high except when the package is so small as to preclude use of this size type in which case the type size may be reduced to 1/16 inch in height. Regardless of the type size used, the information shall be easily readable. Other information required in part 1550.1080 and permitted in part 1550.1090 except as provided in part 1550.1140 shall be given in letters not smaller than 1/16 inch high, shall be located as to be easily noticed and shall be easily readable.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1110 Abbreviations and Numerical Designations

The abbreviations and the numerical designations for the month of the year and the abbreviations for the days of the week are as follows:

A. For January, Jan or Ja or 01 or 1; February, Feb or Fe or 02 or 2; March, Mar or Mr or 03 or 3; April, Apr or Ap or 04 or 4; May, May or Ma or 05 or 5; June, Jun or Jn or 06 or 6; July, Jul or Jl or 07 or 7; August, Aug or Au or 08 or 8; September, Sep or Se or 09 or 9; October, Oct or Oc or 10; November, Nov or No or 11; December, Dec or De or 12.

B. For Sunday, Sun or Su; Monday, Mon or Mo; Tuesday, Tues or Tu; Wednesday, Wed or We; Thursday, Thur or Th; Friday, Fri or Fr; Saturday, Sat or Sa.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1120 Open Date 90 Days or Less from Date of Manufacture or Packaging

When the open date shown on the package or label or labeling of a perishable food is 90 days or less from the date of manufacture or packaging, it shall consist of one of the following:

A. the name or the abbreviation or numerical designation for the month and the day of the month for open dates from eight to 90 days, e.g. August 27, or Aug. 27, or Au 27. or 08-27 or 8-27. When the numerical designation for the month is used, it shall appear before the number for the day of the month;

B. the name or abbreviation for the day of the week for open dates from one to seven days, e.g. Sunday or Sun or Su; Monday or Mon or Mo; Tuesday or Tues or Tu; Wednesday or Wed or We; Thursday or Thur or Th; Friday or Fri or Fr; Saturday or Sat or Sa; and the month and the year need not be shown; provided that in lieu of the names or acceptable abbreviations for the days of the week for open dates on perishable foods having quality assurance periods of from one to seven days, the manufacturer or processor may substitute the day of the month, e.g. 01 for the first day of the month or 31 for the last day of a month having 31 days; provided further, that such open date shall be explained on the label not later than the date or dates provided for in part 1550.1230. Such perishable food shall not be displayed for sale after the day of the week or the day of the month shown on the package, label, or labeling unless it is displayed under a sign or placard declaring it to be over age.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1130 Open Date More Than 90 Days from Date of Manufacture or Packaging

When the open date shown on the package or label of a perishable food is more than 90 days from the date of manufacture or packaging, it shall be an open date consisting of the name of or the abbreviation or the numerical designation for the month, and the year or the last two digits of the year, e.g. August 1973; or August 73; or Aug 1973; or Aug 73; or Au 1973; or Au 73; or 08-1973; or 8-1973; or 8-73. When the numerical designation for a month is used, it shall appear before the year or the last two digits of the year, whichever is used.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1140 Rules in Lieu of Open Date

In lieu of placing an open date on each package, container, or wrapping into which perishable food is placed for sale, service or takeout service, the following items shall apply:

A. All bakery products normally sold to the user on the day of manufacture or processing may be displayed under a sign or placard bearing the following statement in capital letters not less than one-half inch high: "ALL BAKERY PRODUCTS OFFERED FOR SALE ON THESE PREMISES ARE PREPARED FRESH DAILY UNLESS DISPLAYED UNDER A SIGN OR PLACARD OR BEARING LABELING INDICATING OTHERWISE." The signs or placards or labeling bearing this statement and other required information shall be posted in the sales or display area and shall be easily readable.

B. Prepackaged sandwiches and other perishable foods prepared to order of a consumer or for service to or selection by a consumer for consumption on the premises or for take out do not require open dating.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1150 Perishable Foods Requiring Aging

Perishable foods requiring aging as part of their processing before they are ready to be offered for consumption need not bear any open date, but may bear statements explaining the need for and the method of aging. If investigations by the commissioner on the commissioner's own initiative or because of complaints from consumers disclose that these aged foods have lost their palatability or desired or nutritive properties, the commissioner may require by rule adopted after a hearing held in accordance with the Administrative Procedure Act that all such perishable foods bear an open date on the package or label of such perishable foods in accordance with this rule. Compliance with these parts does not relieve the manufacturer or processor or repackager of cheese from labeling it "pasteurized" if it was made from pasteurized milk or milk products, or "aged over 60 days" if it was made from unpasteurized milk or milk products, or "pasteurized processed" if it was made by a blending process, as described in and required by Minnesota Statutes, sections 32D.20 and 32D.22 and rules adopted thereunder.

History

Statutory Authority: MS s 31.783
History: 17 SR 1279

Minn. R. 1550.1160 Perishable Foods Having Quality Assurance Dates of More Than 90 Days

Perishable foods having quality assurance dates of more than 90 days need not bear open dates. If investigations by the commissioner on the commissioner's own initiative or because of complaints from consumers disclose that those products have lost their palatability or their desired or nutritive properties, the commissioner may require by rule adopted after a hearing held in accordance with the Administrative Procedure Act that all such perishable foods bear an open date on the package or label of such perishable foods in accordance with parts 1550.1030 to 1550.1250.

History

Statutory Authority: MS s 31.783
History: 17 SR 1279

Minn. R. 1550.1170 Perishable Foods Which Are Exempt from Open Quality Assurance Dating

Manufacturers or processors or retailers who wish to place open quality assurance dates on the packages, labels, or labeling of perishable foods which are exempt from such open dating may do so if they follow the rules set forth herein or they may petition the commissioner to allow other methods. In the event that such other methods are acceptable, the commissioner may accept them for use in open dating of all such exempt perishable foods of a similar type.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1180 Open Date on Final Sale Package

When food which is packaged prior to sale into final sale packages from bulk packages bearing an open date, said date also shall be shown on the final sale package in accordance with parts 1550.1030 to 1550.1250.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1190 Expired Open Quality Assurance Date

When a perishable food bearing an open quality assurance date which has expired is continued on display for retail sale, and is found to have lost its palatability or desired or nutritive properties, the person responsible for its remaining on display for sale shall also be responsible for its loss of quality during such continued display for sale.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1200 Exemption

Perishable foods complying with laws and regulations of the federal government or of other states which deal with open dating and which provide for information and enforcement equal to or greater than the Minnesota open dating law and rule are hereby exempt from the requirements of the Minnesota open dating law and rules.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1210 Perishable Foods Already Labeled

Perishable foods already labeled and in the channels of trade on January 1, 1974, but which do not bear open date labeling as required by parts 1550.1030 to 1550.1250 shall be permitted to be sold without such open date labeling.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1230 Labeling Before and After January 1, 1974

All labels for perishable foods ordered after January 1, 1974, shall conform to the requirements of parts 1550.1030 to 1550.1250, or to the regulations of another state or the federal government when such regulations are equal to or greater than these parts. All labeling in existence before January 1, 1974, which is used after January 1, 1974, shall be exempt from the requirements of these parts except that the quality assurance open date only shall be shown as required by these parts for perishable foods with quality assurance dates of 90 days or less and such existing labels may be continued in use until January 1, 1975.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1240 Remedies

In addition to remedies provided in these parts and by Minnesota Statutes, section 31.783, subdivision 4, any manufacturers or processors who believe that these parts should not apply to open dating of perishable food which they produce, or who experience inability to comply with the requirements of these parts, may petition the commissioner for relief.

History

Statutory Authority: MS s 31.783
History: 17 SR 1279

Minn. R. 1550.1250 Compliance

Compliance with the requirements of parts 1550.1030 to 1550.1250 does not excuse any manufacturer or processor or retailer from complying with other laws and regulations relating to food and the labeling of food.

History

Statutory Authority: MS s 31.783

Minn. R. 1550.1255 Applicability

Parts 1550.1255 to 1550.1530 apply only to bakeries that do not sell bakery products directly to the ultimate consumer.

History

Statutory Authority: MS s 31.101; 31.11; 144.05; 144.08; 144.12; 157.011
History: 23 SR 519

Minn. R. 1550.1260 Definitions

Subpart 1. Adulterated.

An article of food is deemed to be adulterated when it conforms to the description contained in Minnesota Statutes, section 31.01, subdivision 19.

Subp. 2. Bakery.

"Bakery" means a building or part thereof used in the processing, storing, or selling of bakery products.

Subp. 3. Bakery products.

"Bakery products" means products manufactured in a bakery; for example: bread, rolls, buns, cakes, cookies, crackers, doughnuts, pies, pastries, pretzels, and potato chips.

Subp. 4. Commissioner.

"Commissioner" means the commissioner of the Department of Agriculture.

Subp. 5. Corrosion-resistant material.

"Corrosion- resistant material" means a material which is capable of resisting abrasion during ordinary use and able to maintain its surface characteristics under the prolonged exposure to ingredients, product, cleaning, and sanitizing compounds and solutions.

Subp. 6.

[Repealed, L 2012 c 244 art 2 s 36]

Subp. 7.

[Repealed, L 2012 c 244 art 2 s 36]

Subp. 8. Processing.

"Processing" means steps in the manufacture or preparation of a bakery product into the final form; this may include freezing.

Subp. 9. Product area.

"Product area" means the production area and all other areas where the product, ingredients, and packaging materials are handled or stored.

Subp. 10. Product contact surface.

"Product contact surface" means all surfaces which are exposed to the product or from which liquid may drain, drop, or be drawn into the product.

Subp. 11. Production area.

"Production area" means the room or area in which processing occurs.

Subp. 12. Sanitize.

"Sanitize" is to make sanitary and, for the purpose of this part, is accomplished when a food contact surface which has been rendered practically free of foreign substances, including microorganisms, is treated by heat, chemicals, or other acceptable means to devitalize the remaining microorganisms.

History

Statutory Authority: MS s 31.10; 31.77
History: L 2012 c 244 art 2 s 36

Minn. R. 1550.1270 Requirements for Premises

The premises of the bakery shall present a clean and orderly appearance; it shall be well drained and free of environmental conditions and from materials that are a nuisance or a hazard to sanitation.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1280 Satisfactory Compliance for Premises

The premises shall be considered satisfactory when the following conditions are met:

A. the establishment is located in an area where the product or operations are not contaminated by excessive smoke, foul odors, dust-laden air, or other airborne contaminating influences;

B. the area is well drained and free of pools of water and liquid wastes;

C. the area is free of weeds, debris, and cluttered, unused equipment and material;

D. the area is free of waste materials which are stored or handled in such a manner as to be a potential health hazard;

E. the area is free of conditions or materials that are a harborage or breeding area for insects, rodents, birds, or other animals; and

F. the approaches to receiving and shipping docks are kept clean and are maintained to minimize dust.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1290 Sanitary Condition of Bakery Products and Ingredients

Ingredients used in the production of bakery products shall be free of adulteration when received and shall remain in such condition until used. Materials which show evidence of active insect infestation or any other condition that from a public health or aesthetic standpoint render the product unfit for human consumption shall not be received by the establishment. The product shall be free from adulteration and shall be processed, stored, and delivered under sanitary conditions. A food shall be considered adulterated if it fails to comply with section 402 of the Federal Food, Drug and Cosmetic Act.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1300 Satisfactory Compliance for Bakery Products and Ingredients

The sanitary condition of the product and its ingredients shall be considered satisfactory when the following conditions are met:

A. the ingredients are free from adulteration or are within tolerances specified by the Federal Food and Drug Administration regulations;

B. the ingredients are inspected upon receipt and at such other time as may be necessary to determine conditions which would constitute an adulterated ingredient; those ingredients found to be adulterated are not accepted and utilized but removed from the bakery as soon as is reasonably possible;

C. production, delivery, and other handling procedures are inspected for the determination and subsequent elimination of unsanitary conditions or practices;

D. products are free from adulteration or are within tolerances as specified by the Federal Food, Drug and Cosmetic Act and general regulations for its enforcement.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1310 Refrigeration and Protection of Perishable Products

Bakeries shall keep perishable supplies and products in suitable refrigeration facilities, protected from contamination and adulteration and to prevent spoilage and bacterial growth.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1320 Satisfactory Compliance for Perishable Supplies and Products

Refrigerated storage facilities shall be considered satisfactory when the following conditions are met:

A. perishable supplies and products under refrigeration are stored in a sanitary manner to prevent spoilage and bacterial growth and are protected from contamination and adulteration;

B. refrigeration facilities are clean and free of mold and objectionable odors;

C. refrigeration facilities are adequate to promptly cool and keep perishable supplies and products at temperatures of 45 degrees Fahrenheit or below;

D. supplies and products are stored off the floor if the product container is not moisture-proof;

E. supplies and products in storage are covered or kept intact in their original containers;

F. supplies are rotated so that the oldest are used first, and are arranged in an orderly, easily accessible manner;

G. refrigeration facilities are equipped with a temperature indicating or recording device. This device should be accurate so that its reading is within plus or minus two degrees Fahrenheit of the internal product temperature;

H. transportation facilities keep readily perishable products at or below 45 degrees Fahrenheit; and

I. drain pipes in the floors of refrigeration facilities or rooms leading into a sewage disposal system are provided with traps and are protected from backflow.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1330 Storage of Nonperishable Products and Supplies

Bakeries shall keep their unrefrigerated supplies and products in suitable dry storage rooms or areas. These supplies and products shall be protected from contamination and adulteration.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1340 Satisfactory Compliance for Storage of Nonperishable Products and Supplies

Dry storage facilities shall be considered adequate when the following conditions are met:

A. supplies and products are stored in a sanitary manner to prevent spoilage and bacterial growth and are protected from contamination and adulteration;

B. dry storage rooms are clean, dry, well-ventilated, and free of objectionable odors and vapors;

C. supplies and products are covered or kept intact in their original containers;

D. supplies and products are stored not less than 18 inches from the walls and ceiling; an aisle measuring not less than 18 inches separates any stack which measures six skids on a side;

E. supplies and products are protected against damage from unfavorable temperatures and humidity;

F. supplies and products are stored at least six inches off of the floor; and

G. supplies and products are rotated and are arranged in an orderly manner to make easy their inspection, cleaning, and use.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1350 Bakery Construction and Facilities Building Requirements

The building and rooms thereof shall be of sufficient size to accommodate the operation in a sanitary manner of such construction as to be easily kept in a sanitary condition. The physical plant shall be constructed so as to protect the contents from environmental contamination and to prevent the entrance of insects, rodents, birds, and other animals. The bakery shall be used for its intended purposes only except as determined otherwise to be acceptable to the commissioner. Doors, walls, partitions, ceilings, floors, and exposed structural supports shall be constructed of easy-to-clean material. The inside exposed surfaces shall be reasonably smooth and shall be free of cracks, crevices, or other imperfections that predispose to insanitary conditions.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1360 Satisfactory Compliance for Bakery Construction

The construction of the building shall be considered adequate when the following conditions are met:

A. the building is of sound construction and furnishes adequate protection from environmental contamination such as weather elements, insects, birds, rodents, and other animals;

B. the building is large enough to accommodate the operations without hampering sanitary practices;

C. the plant is maintained in good repair;

D. walls, ceilings, partitions, and exposed structural supports are free of flaked paint or other scaling material;

E. doors, walls, partitions, ceilings, and exposed structural supports are constructed of smooth, easy-to-clean material;

F. walls, floors, partitions, ceilings, and exposed structural supports are free of crevices or openings which may harbor rodents or insects;

G. floors are smooth, easy-to-clean, and do not absorb the substances that normally contact them in the course of processing and cleaning;

H. wooden floors are coated with a protective compound which effectively eliminates cracks and crevices;

I. floors that frequently get wet are constructed to prevent pooling of water or are kept clean and dry such as by a wet pickup vacuum device;

J. drains are constructed to minimize clogging, allow for thorough drainage, prevent back flow, and prevent vermin and sewage gas from entering the plant;

K. sewage lines shall not cross a product zone or food storage area unless properly sealed off or otherwise installed to prevent contamination of the product or product zone;

L. cracks at wall-floor junctures are sealed;

M. walls of all utensil and equipment-washing rooms or areas have a washable, nonabsorbent surface up to the level reached by splash or spray;

N. windows are intact;

O. entrance ways or openings to production rooms from the outside of the bakery are equipped with tight fitting and self-closing doors, or other effective means are provided to prevent the entrance of insects, rodents, birds, and other animals;

P. production rooms are partitioned off or are separated from the garage area and maintenance shop;

Q. elevated platforms or mezzanine floors are constructed to prevent contamination of equipment on the lower floor by operations conducted on the upper floor; and

R. the bakery is separated from living quarters or rooms used for domestic purposes.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1370 Toilet and Dressing Rooms

Toilet and dressing rooms shall be large enough, conveniently located, adequately equipped, and provided for each sex employed. They shall be adequately lighted and ventilated and kept in a clean and sanitary condition. The toilet room shall have no direct openings into any processing or food storage room. Access to the toilet room shall be gained through a fully enclosed room, vestibule, or passageway equipped with two self closing, tight fitting doors; these doors shall be so spaced that both cannot be opened by the same person at the same time. However, this does not apply to existing bakeries if the toilet room is equipped with adequate power exhaust ventilation to the outside atmosphere. Adequate hand-washing facilities shall be in or immediately adjacent to the toilet and dressing rooms. These facilities shall include hot and cold or warm running water. Manually operated faucets shall not have spring-type closures. Hand-washing signs shall be prominently displayed; hand-cleaning substance and single-service towels shall be kept near each basin. Blower-type dryers or roller-type cloth towels shall be permitted only in addition to single-service towels. The use of a common towel is prohibited. Waste disposal containers of sanitary design shall be used. Employees' outer garments, overshoes, and rubbers shall be stored in a sanitary manner.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1380 Satisfactory Compliance for Toilet and Dressing Rooms

The toilet and dressing room facilities shall be considered satisfactory when the following conditions are met:

A. Toilet rooms are conveniently located and are provided separately for male and female personnel, if five or more persons of both sexes are employed.

B. Only flush-type toilets and urinals are used.

C. Hot and cold or warm potable water is available at the hand-washing facilities. The minimum temperature for the warm water is 100 degrees Fahrenheit; if mixer faucets are installed, the temperature of the hot water shall not exceed 130 degrees Fahrenheit.

D. Hand soap or equivalent product and individual single-service towels are provided at or near each basin.

E. Waste disposal containers of sanitary design are present.

F. Hand-washing signs are prominently displayed.

G. Toilet rooms are ventilated to the outside atmosphere by either direct openings or by ventilator ducts having no direct connection with the ventilating duct system of the processing or food storage rooms. Toilet rooms do not open directly into processing or food storage rooms.

H. Toilet rooms and dressing rooms are kept in a clean and orderly condition. Accumulation of extraneous material and dirty apparel in the lockers or other areas of the toilet or dressing room is prohibited.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1390 Lighting

All rooms shall be adequately lighted. Lighting fixtures shall be shatter-resistant and equipped with protective shields whenever their breakage may result in contamination of the ingredients or product.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1400 Satisfactory Compliance for Lighting

Lighting shall be considered satisfactory when the following conditions are met:

A. Production rooms are provided with a minimum of 25 foot-candles of light (as is determined at a point 30 inches above the floor).

B. Areas where a detailed inspection of products, ingredients, processes, or operations occurs are provided with a minimum of 45 foot-candles of light at the point of inspection.

C. Storage areas and rooms are provided with a minimum of ten foot-candles of light (as is determined at a point 30 inches above the floor).

D. Locker rooms, toilet rooms, shower rooms, and washrooms are provided with a minimum of 15 foot-candles of light (as is determined at a point 30 inches above the floor).

E. An adequate portable light is available for the periodic inspection of facilities and supplies when normally supplied light is inadequate for such purposes.

F. Lights over open product contact surfaces are equipped with protective shields where breakage may cause contamination of products or ingredients.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1410 Ventilation

The degree of ventilation shall be sufficiently adequate to prevent excessive condensation of moisture on equipment and structural surfaces in production and storage rooms. The entrance or existence of dust and flour dirt within the plant shall be kept to a minimum. Mechanical ventilation and air-conditioning systems of processing rooms shall be equipped with screens and air-filter devices.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1420 Satisfactory Compliance for Ventilation

Ventilation shall be considered satisfactory when the following conditions are met:

A. Rooms are reasonably free of undesirable odors and vapors.

B. Processing and packaging rooms are reasonably free of dust.

C. There is no evidence of excessive condensation on walls, ceilings, or equipment. Condensate, when found, is considered excessive when it drips or runs onto product or equipment product contact surfaces.

D. Areas where steam or hot air vapors are predominant are effectively exhaust-ventilated.

E. Cooling and air-conditioning units (except those which are a part of the equipment) are equipped with efficient filtering devices, the filters of which are frequently cleaned or changed.

F. Windows opening into any product area from the outside atmosphere are equipped with screens not coarser than 14 mesh during the time when flies or other flying insects may be present.

G. Exhaust fan vents are equipped with screens or self-closing louvers.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1430 Control of Insects, Rodents, Birds, and Other Animals

The establishment shall be free of insects, rodents, birds, and other animals. Control programs shall be conducted in a safe, acceptable manner. Insecticides and rodenticides shall be properly identified and stored. They shall not be used in any form inside the bakery so as to be mistaken for or used as a food ingredient.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1440 Satisfactory Compliance for Insect, Rodent, Bird, and Other Animal Control

The control of insects, rodents, birds, and other animals will be considered satisfactory when the following conditions are met:

A. the establishment is free of insects, rodents, birds, and other animals;

B. the product contact area and the product area are free of insects, rodents, birds, and other animals;

C. control programs are carried out in a safe, acceptable manner;

D. insecticides, rodenticides, and equipment used in their application are stored, when not in use, in a separate, properly secured room or cabinet; the same storage room or cabinet may be used for the cleaning compound but is not a part of or in the product area;

E. powder forms of insecticides and rodenticides are not used inside the bakery; and

F. poisoned bait, when used, is in liquid, granular, or meal form and is contained in locked, fastened-in-place bait boxes.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1450 Water Supply

A potable water supply shall be provided for use in all bakeries. Such water supply shall be from an approved water source which shall be easily accessible, adequate, and produce water of a safe, sanitary quality. Water from a water supply located, constructed, and operated in accordance with chapters 4720 and 4725 shall be deemed to be an approved source. There shall be no cross connection between the approved potable water supply and any unsafe or questionable water supply or any source of pollution through which the approved potable water supply might become contaminated. The water supply shall be adequate in and connected to conveniently located faucets or taps and properly plumbed to all rooms or areas where products are processed in order to assure proper cleaning, sanitizing, and sanitation programs.

History

Statutory Authority: MS s 31.10; 31.101; 31.11; 31.77; 144.05; 144.08; 144.12; 157.011
History: 23 SR 519

Minn. R. 1550.1460 Waste Disposal

Waste material shall be collected, held for disposal (where applicable), and disposed of in such a manner as to prevent the creation of a health hazard or a nuisance. Waste receptacles of proper design and construction shall be conveniently located where the bulk of the solid wastes originate.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1470 Satisfactory Compliance for Waste Disposal

Waste material shall be considered disposed of satisfactorily when the following conditions are met:

A. Liquid wastes resulting from the cleaning, rinsing, and sanitizing of equipment, utensils, and floors are disposed of in a public sewer or by a private sewage disposal system functioning without nuisance. This procedure shall be equally applicable to wastes from toilets, urinals, lavatories, and showers.

B. Plumbing is designed and installed in such a manner as to prevent contamination of the potable water supply.

C. Garbage is kept in suitable metal or equally nonabsorbent leakproof receptacles.

D. Garbage, trash, and solid industrial wastes are disposed of as frequently as necessary to prevent a nuisance, unsightliness, and undesirable odors.

E. Trash and solid industrial wastes are collected in either single-service or multiple-service, covered or uncovered receptacles.

F. Multiuse garbage containers are thoroughly cleaned after using.

G. Garbage, trash, and solid industrial wastes are adequately contained in an area inside or outside the plant until their removal from the premises.

H. Garbage, trash, and solid industrial wastes are handled in such a manner as to prevent their becoming a harborage or breeding area for insects or rodents.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1480 Construction and Design of Equipment and Utensils

Equipment and utensils shall be designed, constructed, and placed to permit cleaning, sanitizing, inspection, and clean product processing. Equipment product contact surfaces shall be constructed of smooth, nontoxic, corrosion-resistant, odorless material. Equipment product contact surfaces shall be free of cracks, crevices, pits, or other imperfections which hinder its sanitary maintenance. New purchases and replacements shall comply with the standards developed by the Baking Industry Sanitation Standards Committee.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1490 Satisfactory Compliance for Equipment and Utensils

Construction and design of equipment and utensils shall be considered satisfactory when the following conditions are met:

A. Product contact surfaces are constructed of smooth, nontoxic, corrosion-resistant, odorless material.

B. Product contact surfaces are free of cracks, crevices, pits, or other imperfections that contribute to insanitary conditions.

C. Equipment is positioned for easy cleaning; it is a minimum of six inches from the floor and 18 inches from the walls and ceiling, except such stationary equipment which is sealed to walls, floors, or ceilings in a sanitary manner that does not harbor insects, rodents, or filth. However, the exceptions to this requirement are supporting bases and equipment that pass through ceilings, walls, and floors.

D. The distances between machines shall be large enough for convenient use of the machines as intended and for accessibility for cleaning and inspection.

E. Equipment is designed to prevent accidental contamination of the product or product contact surfaces with extraneous material (e.g., lubricants).

F. Equipment is easily cleanable. Equipment which is used in handling readily perishable items is either easily demountable or can be cleaned in place.

G. Compressed air introduced into the product area is filtered. If piston-type compressors are used, the air lines are equipped with oil and water traps.

H. The electrical wiring system, including conduits, switch boxes, and control panels, is so constructed and installed to prevent insect harborage.

I. Equipment and utensils are used only for the purpose intended.

J. Equipment and utensils are kept in good repair.

K. Bakery equipment, when purchased or replaced, shall be of the design, construction, and materials, and shall be installed as to comply with the standards of the Baking Industry Sanitation Standards Committee, 1994 and subsequent editions, as follows. The standards are incorporated by reference. They are not subject to frequent change, and are available through the Minitex interlibrary loan system.

History

Statutory Authority: MS s 31.10; 31.101; 31.11; 31.77; 144.05; 144.08; 144.12; 157.011
History: 23 SR 519

Minn. R. 1550.1500 Cleaning and Sanitizing

Processing, storage, and other rooms where products, ingredients, and packaging materials are handled shall be kept in a clean, orderly condition. Equipment and utensils shall be kept in a clean, sanitary condition. Equipment and utensils contacting readily perishable foods or ingredients (such as cream, custards, and egg products) shall be cleaned and shall be sanitized each day before reuse. Cleanup personnel shall be supplied with necessary cleaning and sanitizing equipment and supplies. They shall be trained in the proper methods of cleaning and in the effective utilization of the necessary cleaning and sanitizing materials and equipment.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1510 Satisfactory Compliance for Cleaning and Sanitizing

Cleaning and sanitizing procedures shall be considered satisfactory when the following conditions are met:

A. equipment is cleaned at frequencies necessary to prevent contamination of the product;

B. a dust-free method of cleaning is used wherever possible;

C. production areas are kept reasonably clean during operations;

D. production wastes are removed at least daily from processing areas;

E. sifters are cleaned at least once a week;

F. flour-handling equipment and equipment housings that remain dry and structural surfaces are cleaned at least once every four weeks or more frequently when necessary to remove accumulations;

G. product contact surfaces and equipment housings that get wet are cleaned daily;

H. cleaning schedules for equipment and the general product area are available on request to the inspector;

I. equipment coming in contact with readily perishable foods and ingredients such as cream, milk, eggs, custard, and cream-filled pastries are subjected to an approved bactericidal process following the cleaning process and before use;

J. cleanup personnel are trained in the proper methods of cleaning and in the effective utilization of the necessary cleaning and sanitizing materials and equipment; and

K. cleaning equipment and supplies, when not in use, are kept in a clean and workable condition and are stored in an orderly manner; cleaning compounds are properly labeled and are stored in a separate, properly secured room or cabinet.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1520 Health and Hygiene Practices of Personnel

Bakery employees in the production areas and those in contact with product contact surfaces shall be free of communicable diseases, open sores, and skin infections. Personnel contacting ingredients and products shall keep their hands clean and fingernails trimmed and clean at all times. They shall wash their hands before starting work and again after any interruption wherewith contamination of the hands occurs. Personnel shall practice good sanitation at all times. They shall wear clean, washable, light-colored working garments.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1530 Satisfactory Compliance for Health and Hygiene Practices

Health and hygiene practices of personnel shall be considered satisfactory when the following conditions are met:

A. personnel wear clean, washable, light-colored outer working garments;

B. personnel wear suitable head coverings;

C. personnel do not wear fingernail polish or costume jewelry;

D. gloves are kept in a sanitary condition;

E. clothing, shoes, boots, and other personal effects are not stored in processing rooms;

F. production employees keep their hands clean and fingernails trimmed and clean; they wash their hands before starting to work and again after each interruption;

G. personnel having infected wounds, sores, or boils on their hands, arms, or other exposed portions of the body are excluded from contacting ingredients, products, or product contact surfaces; and

H. personnel affected with or carriers of communicable or infectious diseases are excluded from all product areas.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1540 Capping

Bottles containing carbonated beverages, still beverages, cereal beverages, beers, and all other beverages except liquors of high alcoholic content shall be capped with crown or caps, constructed of tin plate, and/or other nontoxic materials. Fibre caps with overlapping edges protecting the rim or edge of the bottle may be used for capping noncarbonated beverages.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1550 Wooden Ladle or Paddle Prohibited

The use of wooden ladle or paddle for mixing carbonated, still beverages, syrups, and other beverages is prohibited.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1560 Beverage Cooler

A "beverage cooler" is defined as any device used for cooling beverages sold in bottles, jars, jugs, cartons, cans, and all other similar containers and shall include electric, gas, and other mechanical refrigerators, ice boxes, tubs, tanks, and all other devices used for cooling beverages.

All beverage coolers, except dry coolers, shall be equipped with an overflow drain of sufficient diameter and provide adequate drainage to prevent the upper three inches of beverage containers from becoming submerged in water or ice. Each cooler shall be provided with a drain in the bottom to facilitate cleaning.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1580 Sanitation of Beverage Coolers

All coolers used for cooling carbonated or still beverages, including natural and mineral waters, carbonated, plain, or otherwise, and cereal beverages and beer, shall be kept clean and sanitary and shall be free of accumulation of labels and stagnant, dirty water or ice and other unclean materials. Such coolers shall not be used for cooling products which will contaminate the products covered by parts 1550.3430 to 1550.3540. All coolers shall be cleaned daily.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1590 Germicidal Treatment

Germicidal treatment shall be applied to all beverage coolers periodically. Such germicidal treatment shall follow a thorough cleaning of the cooler, and shall consist of subjecting the entire cooler surface which comes in contact with beverage containers to either hot water, heated to a minimum temperature of 180 degrees Fahrenheit, for a minimum period of three minutes or to a chemical germicidal treatment approved by the commissioner or the commissioner's agents. Those in which ice or water is used as a refrigerant shall be drained of water daily and cleaned, then refilled with clean potable water and ice, to which a germicidal solution approved by the commissioner or the commissioner's agents shall be added in minimum amounts of 200 parts per million of the available active ingredient of the germicide used.

History

Statutory Authority: MS s 31.10; 31.77
History: 17 SR 1279

Minn. R. 1550.1600 Dispensers and Containers

All carbonated or still beverages, except those which are offered for sale in sealed bottles, must be stored in closed dispensers or containers fitted with suitable faucets, spigots, or pumps. The use of open bowls is prohibited. It shall be unlawful to dispense carbonated or still beverages with a spoon, ladle, or other means, but the beverage must be drawn through a faucet, spigot, or pump directly into a sterile glass tumbler or paper cup. Dispensers and/or storage containers for storing and dispensing carbonated or still beverages shall be of either glass, stoneware, or acid resistant steel construction.

History

Statutory Authority: MS s 31.10; 31.77

Minn. R. 1550.1610 [Repealed, 24 SR 546]

[Repealed, 24 SR 546]

Minn. R. 1550.1620 Beverage Dispenser or Container Sign

A conspicuous sign shall be attached to a beverage dispenser or container and shall plainly declare the name of the beverage, artificial flavor, artificial color, and name and quantity of preservative and if labeled as fruitade or drink, list of ingredients in the order of predominance.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1630 Net Contents Declaration

When crowns or caps attached to bottles, jars, jugs, cans, and other similar containers filled with carbonated or still beverages, bear a label required by the labeling laws and rules and where containers of various capacities are used for any beverage, the statement of net contents of capacity of container may be omitted from the crown or caps, provided that the statement of net contents is declared in a conspicuous and easily readable manner.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1640 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1550.1650 Places Where Beer and Other Malt Beverages Are Bottled

All rooms and places where beer and other malt beverages are bottled shall be well lighted and kept in a clean and sanitary condition at all times, shall be properly ventilated and provided with tight smooth walls and ceiling. Such rooms and places shall also be equipped with suitable floors which are provided with suitable drains.

History

Statutory Authority: MS s 14.388; 31.10; 31.101
History: 35 SR 627

Minn. R. 1550.1660 Automatic Filler

Bottles, cans, and other containers used for beer and other malt beverages must be filled with an automatic filler, and such container shall be capped or sealed with automatic equipment.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1670 Sterilization of Bottles, Cans, and Other Containers

Before being filled with beer and other malt beverages all bottles, cans, and other containers shall be sterilized by soaking for a period of not less than five minutes in a solution of not less than four percent of alkali of which not less than 60 percent shall be caustic soda or sodium hydroxide heated to not less than 130 degrees Fahrenheit and then thoroughly rinsed in pure and potable running water until free from caustic. Caustic testing equipment must be provided and used.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1680 Size of Container and Labeling

No beer or malt beverage of any nature whatsoever shall be bottled in containers of less capacity than 64 fluid ounces (one-half gallon) unless the same shall be bottled at the place of the manufacturer. Each bottle must be properly labeled bearing the name of the product; actual net contents; name and address of the bottler. All printing must appear in eight-point type or larger.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1690 Protection from Contamination

Beer and other malt beverages shall be protected from contamination throughout the entire bottling process. All machinery, apparatus, and utensils used in the bottling of beer and other malt beverages shall be washed and cleaned daily by washing with warm water and a washing compound and just prior to bottling operations shall be sterilized with an abundance of hot water at a minimum temperature of 180 degrees Fahrenheit for not less than ten minutes or with chemical sterilizers and methods approved by the commissioner. All places where beer and other malt beverages are bottled must be provided with a suitable sanitary toilet, wash bowl equipped with running hot and cold water, individual towels, and an abundant supply of toilet soap. Such a toilet cannot be located in nor directly connected with the bottling room.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1700 Suspension or Revocation of License

The commissioner shall have the power to suspend or revoke any permit for failure to comply with the provisions of these and other dairy and food rules.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1710 Applicability

For the purposes of inspection, licensing, or registration by the commissioner of agriculture, parts 1550.1720 to 1550.1870 shall apply to the manufacturing, mixing, or compounding of flavored beverage bases or syrups, the bottling or packaging of carbonated, noncarbonated (still) beverages, or other finished beverages, or the processing, packaging, or selling of water.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1720 Buildings and Premises

Subpart 1. General.

The plant surroundings shall be kept neat, clean, and free from conditions which might attract or harbor flies, other insects and rodents, or which otherwise constitute a nuisance.

Subp. 2. Satisfactory compliance.

Subpart 1 is deemed to be satisfied when:

A. No portion of the plant is used for domestic purposes or other types of food preparation, unless separated by suitable partitions.

B. There is no accumulation of trash, garbage, or similar waste or areas adjacent to the plant. All waste material is stored in suitable covered containers.

C. The premises are well drained and free of environmental conditions and materials that constitute a nuisance or sanitation hazard.

D. No birds, domestic animals, rodents, or insects are allowed in any portion of the building.

History

Statutory Authority: MS s 14.388; 31.10; 31.101
History: 35 SR 627

Minn. R. 1550.1730 Floors

Subpart 1. General.

The floors of rooms where ingredients are handled, compounded, mixed, or processed, or where containers or equipment are washed shall be constructed of concrete or other equally impervious and easily cleaned material, shall be smooth, properly sloped, provided with trapped drains, and kept in good repair; provided that storage rooms for storing dry ingredients, packaging materials, containers, etc., need not be provided with drains, and the floors may be constructed of tightly joined wood or similar material.

Subp. 2. Satisfactory compliance.

Subpart 1 is deemed to be satisfied when:

A. The floors of those areas where syrup, base, water, and beverages are handled, compounded, mixed, or processed, or where containers or equipment are washed, are constructed of good quality properly sealed concrete, or equally impervious tile or brick laid closely with impervious and resistant joint material, or metal surfacing with impervious joints, or other equally impervious material. The floors of storage rooms may be constructed of tightly joined wood or similar sanitary material.

B. Drained floors are sloped so that no pools of water will remain after flushing and floors are maintained in good repair. Joints between floor and walls are impervious.

C. All trapped drains are of adequate size to minimize clogging and provide accessibility.

D. The floors are kept clean and free of litter. The syrup room, filling and packaging area floors are cleaned daily. Floors in other areas are cleaned as frequently as necessary to maintain them in a clean and sanitary condition.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1750 Walls and Ceilings

Subpart 1. General.

Walls and ceilings in the syrup room shall have a smooth, washable, light-colored surface, in good repair. Walls in container filling area shall have a smooth, washable, and light-colored surface up to the height reached by splash or water spray. The ceiling and wall area above this height may be constructed of suitable sound retarding material. Interior walls of storage areas may be left unfinished or covered with standard construction materials. All walls and ceilings shall be maintained in a clean and sanitary condition at all times.

Subp. 2. Satisfactory compliance.

This part is deemed to be satisfied when:

A. Walls are constructed of smooth-surface concrete, cement plaster, tile, brick, or other equivalent material, or light-colored painted plaster, asbestos, or similar materials having a smooth washable surface is used. Red quarry tile shall be considered light-colored.

B. Sound retarding walls and ceiling materials as well as paint or water proofing material are to be considered water resistant and not conducive to the multiplication of microorganisms or harboring of insects and rodents. (The use of sound retarding materials where appropriate is encouraged to maintain noise level to a minimum.)

C. Walls and ceilings are cleaned as frequently as necessary to maintain them in a clean and sanitary condition.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1760 Doors and Windows

Subpart 1. General.

Effective means shall be provided to prevent entrance of flies into syrup room or container filling area. Exterior hinged doors as well as door into syrup room and toilet room shall be outward opening and self-closing. Windows shall be glazed. Windows in syrup room and container filling area if opened are effectively screened unless other effective means are provided to prevent the entrance of flies.

Subp. 2. Satisfactory compliance.

This item is deemed to be satisfied when:

A. Windows in syrup room and container filling area used for natural ventilation are effectively screened by screening, effective electric screen panels, fans, or air curtains which provide sufficient air velocity as to prevent the entrance of flies, any effective combination of these, or by any other method which prevents the entrance of flies.

B. All exterior hinged doors, syrup room door, toilet room doors are tight and self-closing and shall open outward.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1770 Lighting and Ventilation

Subpart 1. General.

All processing and storage areas shall be well lighted and ventilated.

Subp. 2. Satisfactory compliance.

This part is deemed to be satisfied when:

A. Adequate light sources are provided (natural, artificial, or a combination of both) which furnish at least 20 footcandles of light in all rooms or areas where syrups, base, water, or beverage are handled, compounded, mixed, or processed or where utensils, containers, and/or equipment are washed. Storage rooms and areas shall be provided with at least five footcandles of light.

B. Ventilation is sufficient to keep processing and storage areas reasonably free of excessive condensation on equipment, walls, and ceilings.

C. Pressurized ventilating systems, if used, shall be equipped with clean air intake.

D. Artificial lights are equipped with protective shield in syrup room and in container filling areas.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1780 Toilet and Lavatory Facilities

Subpart 1. General.

Toilet rooms shall be completely enclosed and have tight fitting, self closing doors. Toilet and lavatory facilities and rooms shall be properly plumbed, kept in a clean condition, in good repair, and shall be well ventilated and well lighted. Hand-washing facilities shall be equipped with hot and cold running potable water, single-service paper towels, or with a sanitary single-use cloth towel and dispenser, or blower type hand dryer, and suitable soap, detergent, or other acceptable cleansing agent. A written notice directing employees to wash their hands before starting or returning to work shall be prominently posted in each toilet room.

Subp. 2. Satisfactory compliance.

This part is deemed to be satisfied when:

A. Toilet rooms are completely enclosed and have tight fitting, self closing doors.

B. Toilet rooms and lavatory facilities are kept in a clean condition and in good repair. Toilet rooms are ventilated and well lighted.

C. Single-service, sanitary paper or cloth towels or blower-type hand dryer, suitable soap, detergent, or other acceptable cleansing agent, and cold and/or warm running water are present at all times at all hand-washing facilities.

D. Hand washing facilities are convenient to all toilets.

E. Toilet and lavatory facilities are adequately lighted, have tight fitting screened windows, or are ventilated by other means. Hand washing signs are prominently posted in each toilet room directing employees to wash their hands before starting work or returning to work.

F. All plumbing is installed in compliance with the applicable provisions of the Minnesota Plumbing Code, dated October 16, 1951, as adopted by the Minnesota State Board of Health.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1790 Bottle Washing

Subpart 1. General.

All returnable and soiled or contaminated one-trip bottles shall be thoroughly cleaned and sanitized immediately before filling by means of a suitable automatic mechanical washing and sanitizing machine. One-trip containers, such as bottles and cans, may be washed in a mechanical bottle washer, air or an approved sanitary water rinse. If the one-trip container has been suitably protected at the container manufacturing plant during transportation and storage, it need not be washed or rinsed by air or water.

Subp. 2. Satisfactory compliance.

This part is deemed to be satisfied when:

A. All returnable and unclean or contaminated one-trip bottles are sanitized in three percent alkali solution of which not less than 60 percent is caustic (sodium hydroxide), for a period of not less than five minutes at a temperature of not less than 130 degrees Fahrenheit, or to an equivalent cleansing and sanitizing process approved by the commissioner.

B. Bottles washed with alkali solution are rinsed free of alkali solution with potable water.

C. All returnable, unclean, and contaminated bottles are washed and sanitized immediately before use. If stored empty after washing, they shall be rewashed and sanitized immediately before filling.

D. Each bottle washer shall be equipped with an indicating thermometer and caustic solution test equipment.

E. Returnable and washed and sanitized one-trip bottles are inspected for any condition which would make their use in the packaging of syrups, base, water, or beverages improper immediately before or after being filled.

F. All one-trip containers that are not washed, air- or water-rinsed before filling are to be suitably protected from airborne contamination.

G. All other one-trip containers shall be suitably protected from contamination.

H. The washing or air or water rinsing machines are maintained in good repair and in a clean, sanitary condition at all times.

I. All sanitary water rinses used for cleansing of clean, sanitary, properly stored and handled one-trip containers shall contain an adequate quantity of an approved bactericidal agent.

J. All air cleansing devices shall be equipped so as to use only properly filtered air.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1800 Filling Bottles

Subpart 1. General.

Beverage containers shall be filled and sealed in a sanitary manner. The operator or the operator's clothes shall not come in contact with any portion of the container or machinery which might result in contamination of the product.

Subp. 2. Sealing of bottles; closures.

Closures, (caps, crowns, seals, etc.) must be new; not previously used. New closures are to be properly protected in storage and use from contamination and stored until used in a sanitary manner which protects them from airborne contamination. Sealed bottles containing noncarbonated water must have a tamper-proof tight closure which will show evidence of tampering or opening prior to use.

Subp. 3. Satisfactory compliance.

This part is deemed to be satisfied when:

A. Syrup, base, water, and carbonated or noncarbonated (still) beverages are introduced into returnable bottles and similar one-trip containers and sealed by means of automatic machinery.

B. Crowns, caps, or lids which have been touched on the inner side by the operator as may occur while adjusting the machinery or are contaminated in any other way are to be discarded.

C. If the filling and sealing devices are not integral parts of one machine, but are performed by separate units of equipment, they are to be arranged to exclude manual contact with necks or tops of the container between filling and sealing.

D. The equipment is maintained in good repair and in a clean and sanitary condition at all times.

E. All sealed bottles containing noncarbonated water shall be sealed with closures, caps, crowns, or seals which shall be constructed and designed to show evidence of tampering or prior opening.

History

Statutory Authority: MS s 31.10; 31.101
History: 17 SR 1279

Minn. R. 1550.1810 Syrup and Base Handling Equipment

Subpart 1. General.

Syrups and base shall be prepared in a sanitary manner. Every precaution shall be taken to prevent the contamination of syrups and base during the preparation and subsequent storage. Syrup tanks shall be constructed of stainless steel or other suitable nontoxic, noncorrosive material. The tanks shall be free from defects, self-draining, and shall be of such construction so as to be easily flushed, cleaned, and sanitized. Syrup or base tanks shall be kept covered if syrup room air is not treated to control air purity.

Subp. 2. Satisfactory compliance.

This part is deemed to be satisfied when:

A. All syrup tanks, pipe lines, filters, and other apparatus employed in the preparation of acidified syrups are in a clean, sanitary condition and are of sanitary, nontoxic, and acid resistant construction. No syrup tanks, pipes, filters, apparatus, or equipment employed in the preparation of acidified syrups, base, or beverages which are constructed of galvanized iron, lead, zinc, copper, or brass-lined materials shall be installed after adoption of these rules.

B. Syrup tanks are free from recesses and constructed so that all parts may be easily cleaned and sanitized.

C. Syrup, base, and other ingredients are mixed by mechanical means in such a manner as to prevent contamination of the syrup or base.

D. Liquid sugar storage tanks and lines may be constructed of stainless steel, plain steel coated with a suitable nontoxic resin, or glass lined, plastic, glass, other suitable materials, or any other metal which will not contribute metallic ions greater than that established for potable drinking water to the finished beverage.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1820 Packaging and Filling Area

Subpart 1. General.

The immediate area shall be properly constructed and used only for the purpose intended and not for storage of materials such as crowns, bottles, etc. The packaging and filling areas shall be kept in a clean, sanitary condition and be constructed so as to be easily cleaned. These areas shall be adequately ventilated and adequately lighted with properly shielded lighting.

Subp. 2. Satisfactory compliance.

This part is deemed to be satisfied when:

A. The floor is constructed of good quality, properly sealed concrete, tile, or other smooth, impervious material. The floor is maintained in a clean, sanitary condition, in good repair and graded to drain properly to trapped drains.

B. The light intensity is no less than 20 footcandles. A minimum of 30 footcandles is recommended at the loading and discharge ends of the washer and filling machinery. All lights located in the filling or packaging areas where their breakage could cause contamination of product shall be equipped with protective shields.

C. The walls are clean, smooth, washable, and light colored up to the height reached by splash or water spray. Materials such as concrete, cement plaster, tile, glazed brick or block, water proofed or painted asbestos board or plaster, or equivalent materials shall be considered acceptable. The wall area above height reached by splash or water spray, including ceiling, may be constructed of sound retarding material provided that it is moisture resistant and is not conducive to multiplication of microorganisms or harboring of insects and rodents and is maintained in a clean and sanitary condition.

D. No crowns, bottles, labels, or other materials except those for immediate use are present in filling area.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1830 Syrup Room

Subpart 1. General.

Separate rooms shall be provided for the manufacturing, compounding, and mixing of syrups or base which rooms shall be properly constructed and separated from other areas of the plant by a solid wall construction. The room shall be maintained in a clean and sanitary condition and be well ventilated and lighted, provided with sinks and faucets or taps for hot and cold water, thoroughly protected against flies, dirt, and dust, and so constructed as to be easily cleaned.

Subp. 2. Satisfactory compliance.

This part is deemed to be satisfied when:

A. Separate rooms are provided for the manufacture, compounding, and mixing of syrups or base. Syrup room doors are self-closing and of solid construction.

B. The floor is constructed of good quality, properly sealed and resistant concrete, tile, or other impervious material. The floor is maintained in good repair and graded to drain properly to trapped drains.

C. Light intensity is not less than 20 footcandles. Artificial lights are equipped with protective shields where their breakage could cause contamination of product.

D. The walls and ceilings are clean, smooth, washable, light-colored, and in good repair. Materials such as concrete, cement plaster, tile, glazed brick or block, water proofed or painted asbestos board or plaster, or equivalent materials shall be considered acceptable.

E. Hot and cold running water are properly plumbed to taps or faucets conveniently located in the syrup room.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1840 Construction and Repair of Equipment

Subpart 1. General.

All equipment, containers, and utensils used in the handling, processing, compounding, mixing, and storage of syrup, base, water, ingredients, and beverages shall be smooth, impervious, corrosion resistant, nontoxic, and in good repair and shall be constructed, installed, and located so as to permit adequate cleaning and sanitizing. Product contact surfaces shall be self-draining. Equipment shall be free of sharp internal corners. Welded or soldered area shall be smooth and similar to the parent metal. All joints shall be flush. Piping shall be of sanitary design and installation. All temperature control equipment and control devices used on bottle washers shall be accurate and adequately maintained.

Subp. 2. Satisfactory compliance.

This part is deemed to be satisfied when:

A. Product contact surfaces of all equipment piping and utensils are smooth and constructed of good grade stainless steel, other corrosion resistant, nontoxic metal or glass. Plastic, rubber, or similar materials which are nontoxic, relatively insoluble, and which do not release component chemicals or impart flavor or odor to the product, and which maintain their original properties under repeated use conditions are acceptable.

B. All equipment, piping, and utensils are free of breaks, corrosion, and are constructed, installed, and located so as to permit adequate cleaning and sanitizing.

C. All joints are smooth and free from pits, cracks, or inclusions.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1850 Cleaning and Sanitizing of Equipment

Equipment and utensils used in handling, processing, storing, or transporting of beverages, including bulk tank transportation of potable water, or beverage ingredients shall be thoroughly cleaned after use and shall be subjected to an approved bactericidal treatment prior to each usage and shall be maintained in a clean and sanitary condition at all times. The methods used shall be such that beverages and their ingredients shall not be contaminated or adulterated. Containers of chemicals used for cleaning and bactericidal treatment shall be properly labeled so as to identify the contents. All syrup pipelines, apparatus, and containers used in the manufacturing processes shall be thoroughly sanitized at adequate intervals and shall be washed and rinsed before sanitization. Tanks and lines containing syrup between periods of processing operations shall be cleaned and sanitized when they are emptied as is necessary to maintain said tanks and lines in a clean and sanitary condition. Chlorine, or other approved bactericidal agents shall be used for sanitization. Bulk potable water transported by tank from the water source to an establishment or plant under the provisions of this rule shall contain at least five parts per million residual chlorine during such transportation and in storage, if stored before use.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1860 Water Supply

Subpart 1. General.

Water used for compounding flavored beverage base of syrups, bottling or packaging of water, or packaging carbonated or noncarbonated (still) beverages or used for processing, cleaning, rinsing operations, or filling, shall be from an approved water source which is easily accessible, adequate, and of safe, sanitary quality.

Subp. 2. Satisfactory compliance.

This part is deemed to be satisfied when:

A. All water used is of safe, sanitary quality and from an approved source; water from a water supply constructed and located in accordance with the provisions of section VII, Manual of Water Supply Sanitation, dated 1965 and adopted by Minnesota Department of Health shall be deemed to be an approved source.

B. There is no cross-connection between the approved, potable water supply and any unsafe or questionable water supply or any source of pollution through which the approved, potable water supply might become contaminated.

C. Running water connected to conveniently located faucets or taps under pressure is properly plumbed to all rooms and areas in which syrups, base, water, and beverages are processed, packaged, and prepared and equipment and utensils are washed and sanitized.

D. Water supply is ample in quantity to insure proper cleaning of floors, equipment, and utensils.

E. When carbon filters are used to remove tastes and odors from potable water, the filter must be properly cleaned by approved methods at least once a week to ensure against the growth of bacteria.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.1870 Personnel

All employees shall thoroughly wash their hands before commencing plant functions and as often as may be required to remove soil and contamination. No employee shall resume work after visiting the toilet room without thoroughly washing her or his hands. Personnel in food handling areas shall wear clean clothing and head covering. All personnel in food handling areas of the plant shall practice good sanitation and shall not smoke, chew tobacco, expectorate, or eat in the processing areas. Personnel in food handling or processing areas are free of infected cuts, open sores, or other lesions on hands, arms, and head.

History

Statutory Authority: MS s 31.10; 31.101
History: 17 SR 1279

Minn. R. 1550.1880 Definitions

Subpart 1. Commercial cannery.

See Minnesota Statutes, section 31.31.

Subp. 2. Case.

The term "case," when used for assessment purposes under Minnesota Statutes, section 31.39, shall mean 24 303 by 406 cans, (3-3/16 inches in diameter and 4-6/16 inches in height), commonly referred to as "303's," or its case equivalent, of food preserved by heat in hermetically sealed containers, or vegetable products preserved with approved chemical preservations, sugar, salt, or acidity factors, or food preserved by freezing, by establishments licensed under Minnesota Statutes, section 28A.04, said assessments to be calculated by the commissioner by using actual cases of such food or vegetables reported by the processors and factors and equivalents described in parts 1550.1880 to 1550.2100.

Subp. 3. Case equivalents; canned foods.

The term "case equivalents" of canned foods shall mean the equivalents of food preserved by heat in hermetically sealed containers, or of vegetable products preserved with approved chemical preservatives, sugar, salt, or acidity factors, said equivalents to be determined by the commissioner by using the factors found in The Almanac of the Canning, Freezing, Preserving Industries, 1968 edition, compiled and published by Edward E. Judge & Son, 79 Bond Street, Westminster, Maryland 21157; provided, that a case of 24 303 by 406 cans shall have the equivalent of 1.0.

Subp. 4. Case equivalents; frozen foods.

The term "case equivalents" of frozen foods shall mean the equivalents of frozen foods determined by the commissioner from the actual cases of frozen foods of various weights, as reported by the processors, by using the following values:

A. Any 25 pounds of asparagus, beets, carrots, green or wax beans, onions, peas, whole grain corn with or without peppers, or mixtures of any of these, or beans with or without pork, cream style corn, pumpkin, squash, or other vegetables or fruit products processed in solid pack and preserved by freezing; or

B. Any 50 pounds of food, other than those products named in item A, preserved by freezing. Provided, that appropriate deductions shall be made by the commissioner for the net weight of meat, chicken, or turkey ingredients which have been inspected and passed by the United States Department of Agriculture and which are used in canned or frozen food.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.1890 Premises

All grounds on which canning factories, warehouses, viners, and other buildings used are located must be properly graded to provide natural drainage, thus preventing accumulation of stagnant water and other material. No litter, waste, or refuse shall be allowed to accumulate in or around the buildings or yards. Weeds shall be removed, grass lawns with flowers or shrubbery shall be kept trimmed and properly maintained, roadbeds built and graveled. An application of road oil is recommended where such road is in close proximity to the rooms in which picking tables are located or the rooms in which blanchers and fillers are located. Factories preparing food products shall be located so as to receive and distribute their products promptly without danger of damage or deterioration and shall not be located in the immediate vicinity or any other industry which may be objectionable.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.1900 Buildings

All factory buildings shall be well lighted and ventilated. Ground floors of all buildings shall be of concrete. Walls, ceilings, or other overhead coverings or parts thereof not finished in tile or other glazed material, shall be kept painted with a white paint so that they may be easily cleaned and shall be cleaned whenever they become soiled or dirty. Windows, window ledges, and other places where dirt and dust may accumulate shall be cleaned whenever they become soiled or dirty.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.1910 Brine or Syrup Room

Every factory using brine or syrup shall be equipped with a room known as a syrup or brine room in which all syrups and brines shall be mixed or compounded. Such brine or syrup room shall be separated from the other rooms of the factory and shall be well lighted and ventilated.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.1920 Screens

The following rooms must be protected with suitable and proper screens for windows, doors, and openings; at corn canneries, cutting, silking, filling, and brine and (or) syrup rooms; at pea canneries, filling, inspection, and brine and (or) syrup rooms.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.1930 Sanitation

All floors, walls, ceilings, tables, and other fixtures shall be maintained in such conditions that they may readily be made clean and sanitary. If not in such condition, they shall be promptly repaired and replaced. The floors of all rooms used for manufacturing shall be watertight, and where there is necessity for drainage, shall have sufficient pitch to ensure drainage and may be constructed of wood (except first floor) if coated and made impermeable to water, of cement or tile laid in cement or of any other materials impermeable to water. When and where it is necessary for the protection of the employees, portable or loose floor gratings shall be provided at places where floors become damp and wet from overflow of water. Ceilings or overhead coverings shall be dust proof. All factory floors, fixtures, utensils, or other apparatus and machinery used in the manufacture, handling, or storing of canned food shall be kept clean. There shall be no condition underneath or connected with or in the vicinity of factory buildings which may render it difficult to keep the factory clean and sanitary.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.1940 Cesspool or Blind Well

No cesspool or blind well of any kind shall be in or underneath the factory or located upon the premises in such a way as to become a nuisance.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.1950 Building New Factory or Reconstructing Old Factory

When building of a new factory or the reconstruction of any old factory is contemplated, the commissioner shall be first notified, giving the place and location and for what purposes intended, that the commissioner may investigate the conditions of the grounds and drainage.

History

Statutory Authority: MS s 31.101; 31.36
History: 17 SR 1279

Minn. R. 1550.1960 Water Supply

Adequate, safe, and easily accessible water supply must be provided for all purposes, including cleaning, cooling, washing, and drinking.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.1970 Machinery and Equipment

All machinery, conveyors, picking tables, hoppers, and other equipment with which the uncanned product comes in contact must be so arranged as to be easily accessible for cleaning and shall be cleaned immediately after the close of each day's operation and oftener if necessary to prevent insanitary conditions. An ample supply of steam and water, hose and other equipment necessary for proper cleaning of equipment and machinery must be available. All machinery and equipment must be placed in good repair before beginning of the season's operation and maintained in such repair throughout the season.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.1980 Condemnation of Machine, Equipment, or Utensil

On determining that any machine or other apparatus or equipment is inadequate for the manufacture of sanitary products or will endanger sanitary conditions in factory, the commissioner or the inspector in charge of canneries shall have authority to condemn such machine, equipment, or utensil and order the same replaced by proper machinery and equipment.

History

Statutory Authority: MS s 31.101; 31.36
History: 17 SR 1279

Minn. R. 1550.1990 Cans and Containers

Proper storage must be provided for cans and other containers. Cans and other containers must be properly cleaned immediately before being used.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.2000 Vegetables and Fruits for Canning

Vegetables and fruits shall be washed before being canned, except cabbage, from which damaged or soiled leaves shall be removed. No decayed or damaged vegetables or fruits shall be used in canning. Sweet corn shall be considered unfit for canning after 18 hours from the time it is snapped from the stalks in the field. No field corn shall be used or canned. Raw corn unfit for canning must be rejected. Peas shall be canned as soon after vining as possible and in no case shall be held over to the next day.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.2010 Toilets

Separate toilets shall be provided for each sex. At least one toilet seat shall be provided for every 30 employees. The floors shall be tight and of such material that they can be washed and kept clean. The doors shall be made self-closing and shall be so arranged that the seats cannot be seen from the outside. The toilets shall be well ventilated to the outside air, and the windows and ventilators shall be screened against flies. Each toilet shall be in a separate compartment, the partitions of which shall be of not less than 5-1/2 feet high and shall be at least one foot above the floor. Walls, partitions, and toilet seats, if constructed of wood, shall be covered with a nonabsorbent, light-colored paint or varnish. Sanitary toilet paper shall be provided. Urinals shall not be constructed except within toilets or in a separate room or building, screened as provided for in the case of toilets proper. At least one urinal shall be provided for every 40 male employees. Toilet room within the cannery shall be provided with proper flushing facilities and connected with a sewer or proper adequate septic tank.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.2020 Privies and Outside Toilets

Privies or outside toilets shall not be permitted around a canning factory, but may be permitted only at vining stations, if sufficiently removed from the vining station to avoid being a nuisance and built tight above ground. They shall be properly ventilated and screened and shall be kept clean. The doors shall be self-closing. The vault or receptacle shall be kept thoroughly disinfected and shall be cleaned out before the contents reach the level of the ground.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.2030 Lavatories

Adequate washing facilities shall be provided in or near every toilet room with separate facilities for each sex. They shall be provided with running hot and cold water, soap, and sanitary towels. Lavatory facilities shall be not less than one bowl with faucet for every 20 employees. In case sinks are used, 20 inches of sink with faucet will be considered equivalent to one bowl.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.2040 By-Products

By-products to be used for ensilage, preferably should be put into silos, but if stacked in the open at factory, the ground on which the stacks are built shall be tiled so as to draw off all water and seepage to prevent soil pollution.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.2050 Prevention of Contamination

All products before being canned, shall be washed, sorted, trimmed, and inspected. This part shall not be construed so as to require the washing of cabbage for sauerkraut.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.2060 Employees

No person afflicted with infectious or contagious disease or with infected wounds shall be employed in preparing or canning of food. Bandaged cuts on the hands or fingers of employees directly handling food shall be covered with rubber gloves or finger cots, securely fastened. Employees handling food products shall wear clean, washable clothing or aprons. Employees shall wear clean, washable caps over their hair. Employees handling food shall keep their hands and fingernails as clean as the nature of their work will permit. Such employees shall wash their hands after leaving the toilet. Suitable notice to this effect shall be posted in a conspicuous place.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.2065 Restricted Practices

Spitting on the floors or walls or other parts of the canneries shall be prohibited. Smoking will be allowed only in rooms provided for that purpose.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.2070 Dressing Rooms

Separate dressing rooms shall be provided for women.

Every dressing room shall be properly lighted, ventilated, and heated. Where a change of clothes for work is necessary or usual, a suitable place with hangers or well-ventilated lockers shall be provided for clothing not in use.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.2080 Drinking Cups and Drinking Fountains

Common drinking cups shall not be used. Individual drinking cups or sanitary drinking fountains shall be provided in convenient places on each floor.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.2090 Employee in Charge of Sanitation

The factory manager or superintendent shall appoint at least one employee whose duties shall be those of keeping the cannery in proper sanitary condition. Such employees shall each be furnished with a printed copy of parts 1550.1880 to 1550.2100.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.2100 Vining Stations

Vining stations for peas shall be exempted in the enforcement of parts 1550.1880 to 1550.2100 except the parts governing premises and the cleaning and sanitary conditions of equipment and machinery used in the vining of peas.

History

Statutory Authority: MS s 31.101; 31.36

Minn. R. 1550.2110 [Repealed, 27 SR 260]

[Repealed, 27 SR 260]

Minn. R. 1550.2120 Leases

Any person, firm, or corporation operating or maintaining a licensed cold storage warehouse who shall lease any room or rooms in such warehouse to be used for the purposes of cold storage, to any person, firm, or corporation shall at once notify the commissioner of such lease, giving the description of the portion or room of the warehouse so leased and the name and business address of the lessee. No portion of a warehouse shall be so leased unless it be structurally set apart from the rest of the warehouse by walls, partitions, or enclosures which serve to make it a distinct and separate room or place in such warehouse.

History

Statutory Authority: MS s 28.13

Minn. R. 1550.2130 Schedule of Rates

Every cold storage warehouse operator shall file with the commissioner and shall print and keep open for public inspection a schedule of rates. The commissioner may determine and prescribe the form in which the schedules required by this part to be filed with the commissioner and to be kept open for public inspection, shall be prepared and arranged and may change the form from time to time, if it shall be found expedient. No cold storage warehouse operator shall undertake to perform any service or store any goods, wares, or merchandise, unless or until such schedule of rates has been filed and published in accordance with the provisions of this part; provided that in case of emergency, a service or storage not specifically covered by the schedules filed may be performed or furnished at a reasonable rate, which rate shall forthwith be filed and shall be subject to review in accordance with the provisions of this part.

History

Statutory Authority: MS s 28.13
History: 17 SR 1279

Minn. R. 1550.2140 Uniform Receipts

Every cold storage warehouse operator receiving goods in storage shall issue for all such a receipt embodying within its written or printed forms the following essential terms:

A. The location of the warehouse where the goods are stored.

B. The date of issue of the receipt.

C. The consecutive number of the receipt.

D. A statement whether the goods received will be delivered to the bearer, to a specified person, or to a specified person or the order of the specified person.

E. The rate of storage charges.

F. A description of the goods or of the packages containing them.

G. The signature of the operator, which may be made by an authorized agent.

H. If the receipt is issued for goods of which the operator is owner, either solely or jointly or in common with others, the fact of such ownership.

I. In the case of a negotiable receipt, a statement of the amount of advances made and liabilities incurred for which the operator claims a lien. If the precise amount of such advances made or of such liabilities incurred is, at the time of the issue of the receipt, unknown to the operator or to the agent who issues it, a statement of the fact that advances have been made or liabilities incurred and the purpose thereof is sufficient.

J. Cold storage warehouse operators must keep on file in their office duplicates or stubs of all warehouse receipts furnished.

History

Statutory Authority: MS s 28.13
History: 17 SR 1279

Minn. R. 1550.2150 Warehouse Records of Food in Storage

Every licensee of a cold storage warehouse shall keep an accurate record showing the following information: owner, name, and business address; kind and quantities of food stored; date of entry; kind of warehouse receipt issued, showing the amount charged for storage; lot number; if not original entry, record of previous entries; dates of withdrawal, in whole or in part; names and addresses of parties withdrawing same; record of sale or transfer during storage, with date, names, and business addresses.

History

Statutory Authority: MS s 28.13

Minn. R. 1550.2160 [Repealed, 24 SR 546]

[Repealed, 24 SR 546]

Minn. R. 1550.2170 Marking and Identification of Articles of Food

When articles of food are placed in cold storage, the lot number placed in each package shall be identified by a corresponding lot card or number in the office which will show the month, date, and year received in storage, with room and location numbers and name and address of owner. Articles of food may be required to be so placed or piled in a cold storage warehouse that the lot numbers and markings can be plainly seen and read while passing through the alleys. When tags are used on which to mark lot numbers, they must be securely fastened to the articles to which they are affixed, so that they cannot readily become detached.

History

Statutory Authority: MS s 28.13

Minn. R. 1550.2180 Storage of Animal Feed

Articles of food for use other than for human consumption shall not be stored or kept in any room with articles of food intended for human consumption. Such articles of food not intended for human consumption shall be denatured and plainly and permanently marked with the word "INEDIBLE" or the words "FOR ANIMAL FOOD ONLY" in capital letters not less than one-half inch in height. There shall be placed on the door leading to the room wherein animal feed is stored a placard or sign reading "THIS ROOM CONTAINS ANIMAL FEED ONLY."

History

Statutory Authority: MS s 28.13

Minn. R. 1550.2190 Chill Room Lot Numbers

Articles of food entered for periods of less than 30 days in a chill room located in a cold storage warehouse, but which chill room is used exclusively for the storage of articles of food for less than 30 days, shall have affixed their respective lot numbers. A record for the respective lot numbers and the date when such articles of food were placed in said chill room shall be kept open at all times to the commissioner.

History

Statutory Authority: MS s 28.13

Minn. R. 1550.2200 Obliteration of Marks

The removal or erasure of any mark, stamp, or tag required by the cold storage act or by these rules or the transfer of articles of food from one container to another, but properly marked, will be deemed a violation of this part and will render the offender liable to prosecution, unless permission therefor is granted by the commissioner or the same is done under the commissioner's direction.

History

Statutory Authority: MS s 28.13
History: 17 SR 1279

Minn. R. 1550.2210 Sanitary Requirements of Cold Storage Warehouses

The floors, walls, ceilings, and equipment of every cold storage warehouse shall be kept in a clean and sanitary condition. For the purpose of parts 1550.2210 to 1550.2250, unclean and unsanitary conditions shall be deemed to exist if the food stored is not securely protected from filth, flies, dust, dirt, insects, vermin, rodents, and from all foreign or injurious contamination. The floors, walls, ceilings, and equipment of every cold storage warehouse shall be of such construction that they can be easily maintained in a clean and sanitary condition.

History

Statutory Authority: MS s 28.13

Minn. R. 1550.2220 Toilet Facilities

Every cold storage plant shall be provided with convenient toilet facilities. Toilet rooms shall not open directly into any room in which food or containers are handled or stored. The doors shall be self-closing. Toilet rooms shall be kept clean and in good repair and well ventilated.

History

Statutory Authority: MS s 28.13

Minn. R. 1550.2230 Hand-Washing Facilities

Convenient hand-washing facilities shall be provided, including warm running water, soap, and approved sanitary towels. The use of a common towel is prohibited.

History

Statutory Authority: MS s 28.13

Minn. R. 1550.2240 Wastes and Trash

All wastes shall be properly disposed of. All trash shall be kept in receptacles protected from flies.

History

Statutory Authority: MS s 28.13

Minn. R. 1550.2250 Communicable or Contagious Disease

No person suffering from any communicable or contagious disease shall be employed in any capacity in a cold storage warehouse.

History

Statutory Authority: MS s 28.13

Minn. R. 1550.2260 Receipt of Food for Cold Storage

Articles of food intended for cold storage shall, when they are offered for or placed in cold storage, be enclosed in boxes, barrels, crates, or other packages sufficiently strong to protect them from injury and of such construction as to protect them from dust, filth, or other contamination, unless the articles are of such a nature that it is impracticable to pack them in containers, in which case the articles of food shall be wrapped in suitable material to protect them from dust, filth, or other contamination. All articles of food so wrapped while in cold storage shall be elevated at least two inches from the floor.

History

Statutory Authority: MS s 28.13

Minn. R. 1550.2270 [Repealed, 24 SR 546]

[Repealed, 24 SR 546]

Minn. R. 1550.2280 Sanitary Conditions

All food offered or accepted for cold storage must be in good, sound sanitary condition at the time of entry. No diseased, tainted, or otherwise unwholesome food may be placed in cold storage or kept therein. The owner of the food offered for cold storage and the warehouse operator accepting such articles of food will be held equally responsible for such food being in proper condition for cold storage at the time of entry.

History

Statutory Authority: MS s 28.13
History: 17 SR 1279

Minn. R. 1550.2290 [Repealed, 24 SR 546]

[Repealed, 24 SR 546]

Minn. R. 1550.2300 [Repealed, 24 SR 546]

[Repealed, 24 SR 546]

Minn. R. 1550.2310 Destruction or Disposal of Stop Order Food

When the condition of the food on which a stop order has been placed is such that immediate action is advisable, the commissioner shall endeavor to locate and inform the owner of such food of what action or disposal is contemplated. If the owner cannot be located, such notice shall be served upon the owner or manager of the warehouse in which such food is located and such service shall be deemed sufficient notice of such action. Unless the owner of the food, when so notified, shall immediately furnish the commissioner with notice of appeal for a hearing or unless such notice of appeal is made by the owner or manager of the cold storage warehouse in which such food is stored, the commissioner shall cause such food to be destroyed or otherwise disposed of, either in whole or in part and shall cause the stop order to be removed from such portion as may be found wholesome and fit for human consumption.

History

Statutory Authority: MS s 28.13
History: 17 SR 1279

Minn. R. 1550.2320 Sale by Warehouse Operator

In case the owner of any article of food stored in any cold storage warehouse in the state fails or refuses to remove the same before the expiration period of time within which the storage may be lawfully continued, the warehouse operator in whose warehouse the said food is stored may petition the commissioner for an order to sell the said articles of food. If said petition is granted and the commissioner issues an order to sell, the operator shall advertise said articles of food for sale at public auction, giving ten days published notice of the sale and sending a copy of said notice to the owner at the last known address by registered mail at least ten days before the date of the proposed sale. The articles of food so advertised shall not be delivered to the owner of the goods within the ten days specified for advertising period, unless the owner shall pay all reasonable charges incurred through the advertising of said food. After the sale, the operator shall render a report of said sale to the commissioner and file with the commissioner an affidavit that notice of said sale was given pursuant to the provisions of this part. Such advertised sale of goods shall not relieve the owner thereof from the penalties incurred under Minnesota Statutes, section 28.15.

History

Statutory Authority: MS s 28.13
History: 17 SR 1279

Minn. R. 1550.2330 Transfer of Food

Transfer of cold storage articles of food may be made from one warehouse within or without the state to another warehouse within the state, providing the original cold storage markings are not removed or defaced.

History

Statutory Authority: MS s 28.13

Minn. R. 1550.2340 Honey House

There shall be provided a honey house or honey room in which the extracting, processing, and packing of honey shall be done. This room shall not be used for storage purposes during the honey extracting period.

History

Statutory Authority: MS s 31.11; 31.73

Minn. R. 1550.2350 Floors

The floors of all rooms in which honey is handled, extracted, processed, and packed and of storage rooms shall be of concrete or other equally impervious and easily cleaned material and shall be smooth, in good repair, and kept clean.

History

Statutory Authority: MS s 31.11; 31.73

Minn. R. 1550.2360 Walls and Ceilings

Walls and ceilings of rooms in which honey is handled, extracted, processed, packed, or stored shall have smooth, washable surfaces, painted with light-colored paint and shall be kept clean and in good repair.

History

Statutory Authority: MS s 31.11; 31.73

Minn. R. 1550.2370 Doors and Windows

Unless other effective means are provided to prevent the access of flies and other pests, all openings into the outer air shall be effectively screened and equipped with bee escapes. Screen doors shall be self-closing. All windows and window sills shall be kept clean and windows and doors, including screen windows and screen doors, shall be kept in good repair.

History

Statutory Authority: MS s 31.11; 31.73

Minn. R. 1550.2380 Lighting and Ventilation

All rooms shall be adequately lighted and ventilated.

History

Statutory Authority: MS s 31.11; 31.73

Minn. R. 1550.2390 Sewage Disposal

Every honey house shall be equipped with an adequate, safe, and sanitary sewerage system. Floor drains connected to the sewerage system shall be installed where necessary and such floor drains shall be equipped with traps. Where such system is not available, sewage shall be disposed of by means consistent with accepted sanitary practices. No waste water shall be permitted to drain on or be thrown onto the surface of grounds surrounding the honey house.

History

Statutory Authority: MS s 31.11; 31.73

Minn. R. 1550.2400 Toilet Facilities

Toilet facilities shall be conveniently available to honey house personnel. Toilet rooms shall not open directly into any room in which honey is handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms and toilet facilities therein shall be kept clean and in good repair. Toilet rooms shall be well lighted and ventilated. In case privies or earth closets are permitted and used, they shall be separate from the building and shall be of a sanitary type, properly located, constructed, operated, and maintained, so that the waste is inaccessible to flies, bees, and rodents and does not pollute the surface soil or contaminate any water supply.

History

Statutory Authority: MS s 31.11; 31.73

Minn. R. 1550.2410 Water Supply

The water supply for the honey processing room shall be properly located, constructed, and operated and shall be easily accessible, adequate, and of a safe, sanitary quality. Adequate facilities for heating water shall be provided.

History

Statutory Authority: MS s 31.11; 31.73

Minn. R. 1550.2420 Sinks

Adequate sinks and other facilities for washing of utensils and containers shall be provided.

History

Statutory Authority: MS s 31.11; 31.73

Minn. R. 1550.2430 Hand-Washing Facilities

Convenient hand-washing facilities shall be provided, including warm water, soap, and approved sanitary towels. The use of a common towel is prohibited. Such hand-washing facilities shall be separate from the sink and facilities used for washing of utensils and containers used in the processing and extracting of honey.

History

Statutory Authority: MS s 31.11; 31.73

Minn. R. 1550.2440 Construction and Repair of Containers and Equipment

All containers and equipment with which honey comes in contact shall be constructed in such manner as to be easily cleaned, and shall be kept clean and in good repair. All equipment that comes in contact with honey and all containers shall be free from rust and other extraneous material and shall be thoroughly cleaned before reuse. Stationary machinery and equipment shall be sufficiently spaced from each other and from walls to facilitate cleaning. All open type equipment with which honey comes in contact shall be equipped with suitable overlapping covers. The packing and handling of containers and container cans and covers shall be conducted in a sanitary manner.

History

Statutory Authority: MS s 31.11; 31.73

Minn. R. 1550.2450 Storage of Containers and Supplies

After cleaning, all used containers, utensils, and equipment shall be stored in such manner as to be protected from contamination. Honey and honey containers in storage rooms shall be of sufficient height off floors and sufficient distance from walls to facilitate cleaning.

History

Statutory Authority: MS s 31.11; 31.73

Minn. R. 1550.2460 Personnel Cleanliness

All persons coming in contact with honey, containers, or equipment shall wear clean outer garments and shall keep hands clean at all times while thus engaged.

History

Statutory Authority: MS s 31.11; 31.73

Minn. R. 1550.2470 Miscellaneous Requirements

All equipment, containers, and utensils shall be in good repair and free from rust, dirt, and other extraneous material. Utensils and floors shall be cleaned daily. Good housekeeping methods shall be practiced throughout the plant. Metal containers with tight overlapping covers shall be used for the disposal of waste matter. The containers shall be washed clean after each time they are emptied. No spraying of chemicals for the purpose of exterminating insects shall be done while honey is being extracted, processed, or packed. Honey houses shall be of rodent proof construction. The premises surrounding the honey house shall have good drainage and shall be kept clean and free of rubbish or litter of any kind.

History

Statutory Authority: MS s 31.11; 31.73

Minn. R. 1550.2480 Extraction of Honeycombs

No honeycombs containing brood shall be extracted until sufficient time has elapsed to allow all brood to have emerged. Combs from gassed colonies or colonies otherwise exterminated containing dead adults or larval bodies shall not be extracted.

History

Statutory Authority: MS s 31.11; 31.73

Minn. R. 1550.2490 Scope

The following shall be the minimum sanitary requirements and standards for the construction, maintenance, and operation of a food salvage establishment by a salvage food processor and the standards and requirements for reconditioning and salvaging of distressed food.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2500 Premises, Buildings, and Facilities

The premises shall be clean and orderly and be located in an area which is well drained and free of environmental conditions and materials that are unsanitary or a hazard to human health. Buildings and facilities shall be located in an area where the product or operations are not subject to contamination by excessive smoke, foul odors, dust-laden air, and other airborne contaminating influences. The premises shall be free of weeds, debris, and cluttered, unused equipment and materials. The premises shall be free of waste materials which are stored or handled in such a manner as to be a potential health hazard. The premises shall be free of conditions or materials that are a harborage or a breeding area for insects, rodents, and birds. The approaches to the receiving and shipping docks shall be kept clean and maintained to minimize dust.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2505 Construction of Buildings, Rooms, Facilities

The buildings, rooms, and facilities designated under parts 1550.2490 to 1550.2930 for use as a salvage food processing establishment shall be of sufficient size to accommodate the operations conducted therein in a sanitary manner and shall be of such construction as to render them easily cleaned and maintained in a clean and sanitary condition which shall not harbor insects or rodents and will prevent the entrance of insects, rodents, birds, or other animals. The salvage food establishment shall be used only for reconditioning or salvaging food unless otherwise authorized by the commissioner. Doors, walls, partitions, ceilings, floors, and exposed structural supports shall be constructed of easy-to-clean material.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2510 Prevention of Contamination

The salvage food processing building, rooms, and facilities shall be of such construction as to provide distressed food with protection from all environmental conditions which may contaminate or predispose it to possible contamination.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2520 Separation of Distressed Food from Salvaged Food

Distressed foods shall be segregated, separately identified, and not intermingled with salvaged food. From and after September 1, 1968, distressed food shall be kept in separate rooms, which may be in the same building, or in separate buildings completely segregated from salvaged food.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2530 Salvage Food Processing Buildings

Salvage food processing buildings, rooms, and facilities shall be maintained in a clean, sanitary condition and in good repair at all times.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2540 Floors

All floors shall be maintained in a smooth, easy-to-clean, and impervious condition as is necessary to maintain a sanitary environment for the distressed food subjected to reconditioning, salvaging, or warehousing therein. Wooden floors shall be coated with a protective coating or compound which effectively eliminates cracks and crevices that may harbor dirt, insects, or rodents. Floors that frequently get wet shall be constructed so as to prevent pooling of water and shall be maintained in a clean and sanitary condition.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2550 Plumbing

All plumbing drains shall be constructed so as to minimize clogging, provide for thorough drainage, and prevent backflow, vermin, and sewage gas from entering the plant. Waste plumbing shall not cross a product zone or food storage area unless properly sealed off or otherwise installed as to effectively preclude contamination of the product or product zone.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2560 Wall Floor Junctures and Walls

All wall-floor junctures shall be effectively sealed to prevent insect and rodent harborage. Walls of processing, utensil, and equipment washing rooms or areas shall have a washable, nonabsorbent surface up to a level reached by splash or spray.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2570 Windows

Windows shall be intact and when opened shall be effectively screened so as to preclude entry of insects.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2580 Entryways

Entryways or openings to processing rooms from the outside of the salvage food processing establishment shall be equipped with tight fitting, self closing doors or other effective means of preventing the entrance of insects, rodents, or birds.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2590 Processing Rooms

Processing rooms shall be separated from sales areas by solid-partitioned walls and self-closing doors.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2600 Elevated Platforms or Mezzanine Floors

Elevated platforms or mezzanine floors, when used, shall be constructed to prevent contamination of food and equipment on the floor below.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2610 Separation of Living Quarters

The salvage food establishment shall be separated from living quarters or rooms used for domestic purposes by solid walls or doors.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2620 Commissioner's Approval of Equipment

All salvage establishments shall be equipped with equipment approved by the commissioner. All such equipment, its construction and installation shall be in accordance with the provisions of parts 1550.2490 to 1550.2930.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2630 Lighting and Ventilation

All rooms shall be adequately lighted and ventilated. They shall be ventilated to prevent collection of moisture on walls and ceilings of all rooms and on equipment and structural surfaces in production, processing, and storage areas. Mechanical ventilation and air conditioning systems of salvaging or reconditioning rooms shall be equipped with screens and air-filter devices. The lighting fixtures shall be shatter-resistant and equipped with effective protective devices to prevent contamination of food in the event of their breakage.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2640 Water Supply

A potable water supply from an approved source which produces water of a safe, sanitary quality shall be provided for use in all salvage food processing establishments. Water from a water supply constructed and located in accordance with the provisions of section VII, Manual of Water Supply Sanitation, dated 1965 and adopted by the Minnesota Department of Health, shall be deemed to be an approved source. There shall be no cross-connection between the approved potable water supply and any other water supply or any source of possible contamination. Such water supply shall be connected to conveniently located faucets or taps and properly plumbed to all rooms or areas where products are processed.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2650 Waste Disposal

Waste materials shall be promptly collected, held for disposal (where applicable), and disposed of in such a manner as to prevent the formation of a health hazard or nuisance. Waste receptacles shall be conveniently located where the bulk of waste originates.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2660 Liquid Wastes

Liquid wastes resulting from cleaning, rinsing, and sanitizing of distressed food products, equipment, utensils and establishment's walls, ceilings, and floors shall be disposed of in a public sewer or in a private sewer disposal system properly constructed and maintained so as to function without creating an insanitary condition or a nuisance.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2670 Plumbing

All plumbing shall be designed and installed in compliance with the applicable provisions of the Minnesota Plumbing Code, dated October 16, 1951, as adopted by the Minnesota State Board of Health.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2680 Garbage and Refuse

Garbage and refuse shall be kept in suitable metal, plastic, or equally nonabsorbent, leakproof receptacles.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2690 Garbage, Trash, and Solid Waste Materials

Garbage, trash, and solid waste materials shall be disposed of daily or more frequently if necessary to prevent an unsanitary condition or undesirable odors.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2700 Reusable Garbage and Refuse Receptacles

Reusable garbage and refuse receptacles shall be thoroughly cleaned after each emptying.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2710 Construction and Design of Equipment and Utensils

Equipment and utensils shall be designed, constructed, and placed in such a manner as to permit their cleaning and sanitizing and shall be maintained in a clean and sanitary condition. Product contact surfaces of all equipment shall be constructed of smooth, nontoxic, corrosion-resistant, odorless material. Such equipment shall be installed, located, and constructed free of cracks, crevices, pits, or other imperfections which hinder cleaning and sanitary maintenance or provide harborage for insects or rodents.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2720 Compressed Air

Compressed air if introduced into product area shall be properly filtered. If piston type compressors are used, the air lines shall be trapped with oil and water traps.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2730 Electrical Wiring System

Electrical wiring system including conduits, switch boxes, and control panels shall be constructed and placed to prevent the creation of insect or rodent harborage.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2740 Refrigeration Facilities

Refrigeration facilities shall be equipped with a temperature indicating or recording device which shall be accurate to within plus or minus two degrees Fahrenheit.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2750 Cleaning, Sanitizing of Equipment, Utensils, and Rooms

Processing, storage, and other rooms and areas where products and packaging materials are handled shall be kept in a clean and orderly condition. Equipment and utensils shall be kept in a clean and sanitary condition and such equipment and utensils as come in contact with readily perishable foods, such as egg products, shall be sanitized each day before reuse. Adequate supplies of cleaning and sanitizing equipment, materials, and utensils shall be maintained on hand at all times. All employees utilized in the reconditioning and salvaging of food shall be properly trained by the salvage food processor in proper cleaning and sanitization methods. For the purposes of parts 1550.2490 to 1550.2930, "sanitizing" and "sanitization" is the application of any effective method or substance to a clean surface for the destruction of microorganisms and products of microorganisms of public health significance.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2760 Toilet, Hand-Washing, and Dressing Room Facilities

Each salvage food processing establishment shall have toilet facilities equipped with at least one flush toilet connected to a public sewer system or to an individual sewage disposal system. Toilet rooms and dressing rooms shall be well lighted, ventilated, and provided separately for male and female personnel if five or more persons of opposite sex are employed. Such facilities shall be kept in a clean and sanitary condition. Adequate hand-washing facilities consisting of hand sinks, hot and cold running water, hand soap, and sanitary, single use towels shall be in or immediately adjacent to toilet and dressing rooms. All liquid waste disposal shall be in conformity with the State Plumbing Code. Hand-washing signs shall be prominently posted in each toilet room directing the employees to wash their hands before starting work or before returning to work. All toilet rooms shall be ventilated to the outside atmosphere by either properly screened direct openings or by ventilator ducts having no direct connection to the ventilating duct system of the processing room or food storage rooms.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2770 Insects, Rodents, Birds, and Other Animals

The establishment shall be kept free of rodents, birds, animals, and insects. All insect, rodent, bird, or animal control programs shall be conducted in a safe and approved manner. Insecticides and rodenticides shall be properly labeled, stored, and used pursuant to approved methods and shall not be used in their powdered form inside any rooms or areas where sugar, flour, corn starch, or similar powdered substances are being reconditioned or salvaged. Poisoned bait, when used, shall be contained in locked, fastened-in-place bait boxes.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2780 Refrigerated Storage Facilities

Salvage food processors handling readily perishable and frozen foods, including distressed and reconditioned foods, shall keep such products in refrigerated facilities, protected from contamination and adulteration so as to prevent spoilage and bacterial growth. For the purposes of parts 1550.2490 to 1550.2930, the term "readily perishable" shall be applicable to any food, beverage, or ingredient including distressed and reconditioned foods, which consist in whole or in part of milk, milk products, eggs, meat, fish, poultry, or other food capable of supporting rapid and progressive growth of microorganisms or any other form of life which can cause food infections or food intoxication. However, products in hermetically sealed containers processed by heat to prevent spoilage and dehydrated, dry, or powdered products so low in moisture content as to preclude development of microorganisms are excluded from the terms of this definition.

All refrigerated facilities used for readily perishable foods shall be adequate to properly cool and keep such foods at a temperature of 45 degrees Fahrenheit or below and frozen foods at a temperature of five degrees Fahrenheit or below at all times. All foods stored in refrigerated facilities except refrigerated transportation facilities, shall be stored on shelving or on pallets at least six inches off the floor. All transportation facilities used for readily perishable foods shall be designed and equipped so as to maintain readily perishable foods at a temperature of 45 degrees Fahrenheit or below. If such food is a frozen food, such facilities shall be designed and equipped to maintain it in a frozen state. The refrigeration requirements of this paragraph are intended to be applicable to all foods, including distressed foods and reconditioned foods. When readily perishable reconditioned foods and/or frozen reconditioned foods are stored on the same premises as readily perishable distressed foods, and/or frozen distressed foods, separate refrigerated facilities, properly identified with appropriate signs, shall be provided for these foods so as to prevent intermingling and possible sale of unapproved distressed food. All drain pipes in the floors of refrigerated facilities or rooms leading into a sewer disposal system shall be properly plumbed with traps or air gaps consistent with the requirements of the Minnesota Plumbing Code.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2790 Dry Storage Facilities

Salvage food processing establishments shall keep their unrefrigerated supplies and products in a suitable dry storage room or areas. These supplies and products shall be protected from contamination and adulteration and stored in a sanitary manner at all times.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2800 Health and Hygienic Practices of Personnel

Salvage food processing employees in reconditioning and salvaging areas in contact with products shall be free of communicable infections or other diseases, open sores, and skin infections. All personnel contacting ingredients and products shall keep their hands in a clean and sanitary condition at all times and shall wash their hands before starting work and again after any interruption where possible contamination of their hands may occur. Personnel shall wear clean outer clothing. There shall be no expectoration or use of tobacco in any form in any of the salvaging or reconditioning rooms and areas. "No smoking" signs shall be conspicuously posted in these areas.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2810 Identification of Distressed Food

All distressed food shall be properly identified with lot numbers and shall be stored in rooms or buildings which have conspicuously posted on all doors the statement, "The distressed food in this room is not for sale."

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2820 Distressed Food Notice

Every salvage food processor shall promptly upon obtaining possession of distressed food notify the commissioner of the possession of distressed food and provide such other information as the commissioner may require relating to said distressed food.

History

Statutory Authority: MS s 31.101
History: 17 SR 1279

Minn. R. 1550.2830 Quality Control Program for Reconditioned or Salvaged Foods

Every salvage food processor shall maintain an adequate quality control program for the reconditioning, salvaging, inspection, and examination of distressed food so as to render it acceptable for use as food, animal feed, seed, or to be sold for industrial nonfood use.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2840 Reconditioned and Salvaged Food Requirements

All distressed foods shall be subjected to such inspection, reconditioning, or salvaging as may reasonably be necessary to prepare said foods for use as human food. Distressed foods which upon reconditioning, salvaging, and inspection are found to be adulterated, below standard, misbranded, or insufficiently labeled shall not be acceptable for human food.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2850 Contamination

Distressed food which shows evidence of contamination shall not be acceptable as human food. For the purposes of parts 1550.2490 to 1550.2930, "contamination" shall mean the presence of foreign material, insect-infestation, filth, microorganisms, or products of microorganisms of public health significance, or any other condition which from a public health or aesthetic standpoint shall render said distressed food unfit for human consumption.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2860 Salvaged Food or Reconditioned Food

"Salvaged food" or "reconditioned food" is distressed food which has been reconditioned or salvaged so as to meet the standards of parts 1550.2490 to 1550.2930. Reconditioned or salvaged food shall be processed, stored, and delivered for human food use under sanitary condition.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2870 Adulteration, Mislabeling, or Misbranding of Distressed Food

Distressed food shall be considered to be adulterated, mislabeled, or misbranded when it fails to comply with applicable provisions of the Minnesota pure foods, food standards, and labeling laws as contained in Minnesota Statutes, chapters 31, 32, and 34, and rules promulgated pursuant thereto.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2880 Animal Feed, Seed, or Industrial Nonfood

Products designated as unfit for human food and found acceptable for use as animal feed, seed, or industrial nonfood use shall be effectively denatured so as to prevent their redirection into unapproved uses. No distressed food shall be diverted to animal or poultry feed unless it meets the requirements relating to animal and poultry feed contained in Minnesota Statutes, chapters 17 and 25 and rules promulgated pursuant thereto. No distressed food shall be diverted to seed unless it meets the requirements relating to seed contained in Minnesota Statutes, chapter 21 and rules promulgated thereto.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2890 Canned Distressed Foods Subjected to Contamination from Floods

Canned distressed foods subjected to contamination from floods shall be subjected to an approved cleaning and bactericidal treatment.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2900 Approved Bactericidal Treatment

For the purposes of parts 1550.2840 to 1550.2920, "approved bactericidal treatment" shall mean treatment by chemicals or other acceptable means to render said food container free of microorganisms of public health significance.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2910 Can and Glass Containers Damage

The following are examples of packaging material defects rendering products unfit for human food and animal feed use:

A. If the seam has been placed under tension or has otherwise been disturbed so it may have disrupted the hermetic seal. All such substantially damaged glass or can containers of distressed food shall be stored at a temperature of 70 degrees Fahrenheit or above for a period not less than 30 days. All such containers which develop internal decomposition or gas formation shall be deemed to have an unacceptable hermetic seal.

B. Internal decomposition or formation of gas which causes the condition known in the trade as swells, flippers, and springers.

C. All cans of distressed food contained in cans which have a fracture of the metal body or cover of the can.

D. All leaking cans of distressed food distressed food contained in perforated cans.

E. A tread line or cord-like glass appendage inside glass containers which could result in glass contamination of the product.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2920 Distressed Flour Products Reconditioning Procedures

All finely milled flour and flour based products shall be examined for contamination before repackaging by sifting through a screen which contains 20 meshes per linear inch (.0328 inches per opening or 840 microns) which effectively discloses extraneous material. All contaminated flour and flour based products shall be rejected for human food. If found in a condition acceptable for animal feed or industrial nonfood uses, said products shall be properly designated and denatured with an inseparable material so that it may not be easily diverted to human food.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2930 Disposal of Distressed Food Unfit for Salvaging or Reconditioning

Salvage food processors shall destroy and dispose of distressed food that has been deemed unfit for food, animal feed, seed, or industrial nonfood uses pursuant to the requirements and supervision of the commissioner.

History

Statutory Authority: MS s 31.101

Minn. R. 1550.2940 Authority and Purpose

Subpart 1. Purpose.

In keeping with the policy of the department to expand, improve, and develop markets for Minnesota agricultural products by promoting their use and sale, it is the purpose of the Minnesota food products logo to identify and promote those food products which are Minnesota produced, processed, or manufactured.

Subp. 2. Authority.

Parts 1550.2940 to 1550.3000 are prescribed by the commissioner pursuant to Minnesota Statutes, section 17.102, subdivision 1.

History

Statutory Authority: MS s 17.102

Minn. R. 1550.2950 Definitions

Subpart 1. Scope.

For the purposes of parts 1550.2940 to 1550.3000 the terms in this part have the meanings given them.

Subp. 2. Agricultural products.

"Agricultural products" means livestock, dairy products, poultry or poultry products, fish, fruit of all kinds, vegetables, grains, bees, and apiary products.

Subp. 3. Certification mark.

"Certification mark" means the logo registered by the department with the secretary of state and the United States Office of Patents and Trademarks to identify a food product which is produced, processed, or manufactured in Minnesota.

Subp. 4. Commissioner.

"Commissioner" means the commissioner of agriculture or the commissioner's authorized representative.

Subp. 5. Commodity council.

"Commodity council" means any of the agricultural research and promotion councils created under the provisions of Minnesota Statutes.

Subp. 6. Department.

"Department" means the Department of Agriculture.

Subp. 7. Food product.

"Food product" means an agricultural product used directly for food or drink for human consumption or a combination of agricultural products, raw materials, and food ingredients which is processed or manufactured into an article of food or drink for human consumption.

Subp. 8. Improper use.

"Improper use" means an unauthorized use of the logo or a use of the logo inconsistent with parts 1550.2940 to 1550.3000.

Subp. 9. Labeling statement.

"Labeling statement" means the phrase "Minnesota Food Product" or other words signifying Minnesota origin.

Subp. 10. Logo.

"Logo" means the Minnesota food products logo. A facsimile of the logo appears in part 1550.3000.

Subp. 11. Manufacturer; processor.

"Manufacturer" or "processor" means an individual, partnership, cooperative association, or corporation which processes or manufactures raw materials and other food ingredients into food products, reprocesses food products, packages food products for sale to others for resale, or commercially slaughters animals or poultry. The terms include cold storage warehouses as defined in Minnesota Statutes, section 28.01, subdivision 3, dairy plants as defined in Minnesota Statutes, section 32D.01, subdivision 6, and individuals, partnerships, cooperative associations, or corporations which extract, ferment, distill, pickle, bake, freeze, dry, smoke, grind, mix, stuff, pack, bottle, treat, or preserve food for sale to others for resale.

Subp. 12. Producer.

"Producer" means an individual, partnership, family farm, family farm corporation, authorized farm corporation, or cooperative association engaged in the production for sale of agricultural products.

Subp. 13. Retailer.

"Retailer" means an individual, partnership, cooperative association, or corporation selling a food product to the consumer and not for the purpose of resale in any form.

Subp. 14. Trade association.

"Trade association" means a Minnesota-based organization of producers, processors, manufacturers, or retailers of food products.

Subp. 15. Wholesaler.

"Wholesaler" means an individual, partnership, cooperative association, corporation, business trust, or unincorporated organization which sells or supplies a food product to a retailer, industrial buyer, restaurant, or institution or sells on behalf of one wholesaler to another wholesaler.

History

Statutory Authority: MS s 17.102
History: 17 SR 1279

Minn. R. 1550.2960 Eligibility for Application to Use Logo

Subpart 1. Producers.

A producer may apply to use the logo on an agricultural product to be used in its original state as a food product or on an agricultural product intended to be processed or manufactured into a food product, if the agricultural product is produced on a production unit located completely or in part within the boundaries of Minnesota, and if the food product meets all applicable minimum requirements for the production of the food product in Minnesota.

Subp. 2. Processors.

A processor may apply to use the logo on a food product if the food product was processed or manufactured in a plant located completely or in part within the boundaries of Minnesota, and if the food product meets all applicable minimum requirements for processing or manufacturing the food product in Minnesota.

History

Statutory Authority: MS s 17.102

Minn. R. 1550.2970 Application; Authorization; Renewal

Subpart 1. Application.

An eligible producer, processor, or manufacturer of Minnesota food products may apply to use the logo. Application shall be made on forms provided by the commissioner and shall contain the following:

A. the name and address of the applicant;

B. the location of the production unit, processing plant, or manufacturing plant providing food products on which the logo is intended to be used;

C. a list of all food products on which the logo may be used;

D. at least one facsimile of the tag, sticker, package, container, or other way the logo will be used on the food products (the facsimile must include the manner in which the labeling statement will accompany the logo); and

E. a statement that the food product on which the logo may be used is Minnesota produced, processed, or manufactured and meets all applicable minimum requirements for producing, processing, or manufacturing the food product in Minnesota. Application to use the logo with any food product not listed with the commissioner may be made between renewals of a previous application.

Subp. 2. Authorization.

Authorization to use the logo is dependent upon approval of the application by the commissioner and extends for three years from the authorization date. Use of the logo, with the labeling statement, on approved food products remains discretionary with the authorized producer, processor, or manufacturer during the three-year authorization period. When used on a food product, the logo must be accompanied by an approved labeling statement. Authorized users will receive a certificate of qualification to use the logo, including a registration number, which they may display in their places of business. Reproduction proofs of the logo will also be furnished to authorized users. The department will advise and assist any authorized user of the logo with respect to the size of the logo, its color, its placement on packages, or similar matters, as requested.

Subp. 3. Renewal.

Every three years the commissioner shall notify authorized users of the logo 60 days prior to the scheduled renewal date. Authorization to use the logo shall be renewed if reapplication, including any changes from the previous application, is made on forms provided by the commissioner and approval is granted by the department. Renewal shall be denied if the commissioner determines there has been improper use of the logo or if the user fails to reapply for use of the logo within 30 days after the renewal date and fails to notify the commissioner of the reason.

History

Statutory Authority: MS s 17.102

Minn. R. 1550.2980 Promotional Use of the Logo

The logo may be used with or without the labeling statement for promotional purposes by an authorized producer, processor, or manufacturer on any materials used in a direct, national, or international marketing effort, by a wholesaler, retailer, commodity council, or trade association in any promotion of Minnesota food products, or by the department on any stationery, business cards, or other items determined by the commissioner which will promote Minnesota food products. Use of the logo and any accompanying labeling statement must have the prior approval of the commissioner in cases under this part where Minnesota food products are being promoted.

History

Statutory Authority: MS s 17.102

Minn. R. 1550.2990 Enforcement

Subpart 1. Investigation and revocation.

If the commissioner has reason to believe there is improper use, the commissioner may investigate any use of the logo and determine whether there is improper use. The commissioner shall revoke authorization to use the logo when its use is inconsistent with parts 1550.2940 to 1550.3000.

Subp. 2. Legal action.

When investigation reveals improper use of the logo, the commissioner may seek injunctive relief or other available legal remedies in a court of competent jurisdiction.

Subp. 3. No warranty of quality.

The certification mark does not represent a warranty by the department of any kind, express or implied, as to the quality of the food product on which it appears. The certification mark means only that the food product certified was produced, processed, or manufactured in Minnesota, and that the authorized producer, processor, or manufacturer represents that the food product meets all applicable minimum requirements for producing, processing, or manufacturing the food product in Minnesota.

Subp. 4. Other law.

Compliance with parts 1550.2940 to 1550.3000 does not exempt a producer, processor, or manufacturer from complying with other laws and rules relating to food products and the labeling of food products.

History

Statutory Authority: MS s 17.102

Minn. R. 1550.3000 Minnesota Food Products Logo

History

Statutory Authority: MS s 17.102

Minn. R. 1550.3050 Home Grown Fruit and Raw Vegetables

Raw fruit and raw vegetables labeled or advertised as "Home Grown" and offered for sale in Minnesota must specify the place of origin in letters of a size and form identical to the term "Home Grown."

History

Statutory Authority: MS s 31.11
History: 18 SR 1115

Minn. R. 1550.3100 Applicability

For the purposes of inspection or licensing by the commissioner of agriculture, parts 1550.3100 to 1550.3170 apply to the mixing, self-service dispensing, labeling, and sale of new multiuse beverage bottles and the cleaning of used beverage bottles.

History

Statutory Authority: MS s 34.09
History: 11 SR 1989

Minn. R. 1550.3110 Buildings and Premises

Self-service beverage dispensing equipment must be located within an establishment licensed and inspected for the sale of food for human consumption.

History

Statutory Authority: MS s 34.09
History: 11 SR 1989

Minn. R. 1550.3120 Bottles and Bottle Closures

Subpart 1. New bottles.

New bottles must be dispensed in a sanitary manner with the closures attached and in a manner that will prohibit replacement of returned bottles into the bottle dispenser, or provided with tamper-evident seals.

Subp. 2. Multiuse bottle standards.

Multiuse bottles must be made of food grade material, be brand and product use specific, and approved as refillable for beverages.

Subp. 3. Potentially hazardous foods.

Multiuse bottles must not be used in dispensing potentially hazardous foods.

Subp. 4. Refilling.

Multiuse bottles being refilled must have the name, address, and zip code of the responsible firm owning the beverage equipment. The filling of bottles other than those specifically provided by that firm is prohibited.

Subp. 5. Labeling.

Bottles must be labeled to include:

A. net contents;

B. name, address, and zip code of the responsible firm;

C. cleaning instructions for bottle and closure on refillable containers; and

D. warning statement against misuse of the container.

Subp. 6. Separate adhesive label.

The responsible firm must provide for the convenience of the consumer a separate adhesive label for each beverage dispensed that provides the following information:

A. product identity; and

B. list of ingredients in descending order of predominance.

Subp. 7. Bottle closure.

A bottle closure must be made of food grade material and attached to the bottle before sale to a customer.

History

Statutory Authority: MS s 34.09
History: 11 SR 1989

Minn. R. 1550.3130 Beverage Dispensing Equipment

Subpart 1. General requirements.

All equipment, containers, and utensils used in the handling, storage, mixing, and transfer of syrup and beverage must be smooth, impervious, corrosion resistant, nontoxic, and in good repair.

Subp. 2. Cleaning and sanitizing.

Dispensing units must be constructed, installed, and located so as to permit adequate cleaning and sanitizing. Equipment and utensils must be maintained in a clean and sanitary condition.

Subp. 3. Instructions.

Complete instructions for the beverage dispensing operation must be in full view of the customer.

Subp. 4. Filling of bottles.

A food-grade single service disposable paper or plastic funnel or similar sanitary device must be supplied from a sanitary dispenser and used for filling of bottles.

Subp. 5. Contamination-free transfer.

The system must include a contamination-free transfer process which cannot be bypassed by the consumer while dispensing beverages. Beverages may be filled by an establishment employee or by the customer.

Subp. 6. Labeling.

Each individual dispensing unit at the dispensing head must be conspicuously labeled to at least include the product identity, artificial flavor, yellow #5 artificial color, and name and function of preservative when present. Fruitades or drinks must have a complete list of ingredients.

Subp. 7. Measurement of net contents.

Net contents may be measured in the filled bottle by any of the following methods:

A. an accurate metering device located at each dispenser;

B. a bottle calibrated with a fill line;

C. a height-fill gauge provided to the customer at the dispensing unit; or

D. any other method or device which will demonstrate an accurate net contents.

History

Statutory Authority: MS s 34.09
History: 11 SR 1989

Minn. R. 1550.3140 Sign

A sign must be posted conspicuously within the immediate dispenser area directing consumers for health reasons to use a single service funnel or other sanitary device which has been provided when serving themselves, not to contact the beverages directly, and not to consume beverages on the premises. Establishments dispensing for consumer product promotion by store personnel is not prohibited.

History

Statutory Authority: MS s 34.09
History: 11 SR 1989

Minn. R. 1550.3150 Bottle Washing

Subpart 1. New bottles.

New beverage bottles, if suitably protected at the container manufacturing facility and during transportation and storage, need not be washed or rinsed before use.

Subp. 2. Multiuse bottles.

Multiuse bottles returned for refilling must be washed and sanitized before refilling by means of at least a semiautomatic bottle washer located as part of the beverage dispensing equipment.

"Washed" means free from physical, chemical, and microbial substance discernible by ordinary sight, touch, or smell and free from insects, vermin, and debris. "Sanitize" means the effective bactericidal treatment of the cleaned interior surface of the bottle by a process which is effective in destroying microorganisms, including pathogens.

Subp. 3. Bottle washer.

A bottle washer must contain instructions for its use.

History

Statutory Authority: MS s 34.09
History: 11 SR 1989

Minn. R. 1550.3160 Equipment Sink

A three-compartment, adequate-sized equipment sink for the washing of dispensing equipment must be provided with properly plumbed hot and cold running water. Equipment sinks must be National Sanitation Foundation (NSF) approved or the equivalent.

History

Statutory Authority: MS s 34.09
History: 11 SR 1989

Minn. R. 1550.3170 Customer Hand-Washing Sink

A facility for hand-washing must be provided in the establishment with properly plumbed hot and cold running water, soap, and single service towels or a suitable air drying device.

History

Statutory Authority: MS s 34.09
History: 11 SR 1989

Minn. R. 1550.3200 Definitions

Subpart 1. Scope.

The definitions in this part apply to parts 1550.3200 to 1550.3320.

Subp. 2. Analytical unit.

"Analytical unit" means that portion of water taken from a sample for the purpose of analysis.

Subp. 3. Approved source.

"Approved source" means a source of water that has been inspected and approved by the department, the plumbing found satisfactory under the plumbing code of the Department of Health, and the water has been sampled, analyzed, and found to be of a safe and sanitary quality.

Subp. 4. Artesian water.

"Artesian water" means water from a well tapping a confined aquifer in which the water level stands above the top of the aquifer.

Subp. 5. Bottled water.

"Bottled water" means water that is intended for human consumption and that is sealed in bottles or other containers with no added ingredients, except that it may contain safe and suitable antimicrobial agents.

A. Bottled water may be used as an ingredient in beverages such as diluted juices and flavored bottled waters.

B. Bottled water may not include food ingredients that are declared in ingredient labeling as "water," "carbonated water," "disinfected water," "filtered water," "seltzer water," "soda water," and "tonic water."

C. The processing and bottling of bottled water must comply with parts 1550.3200 to 1550.3320 and Code of Federal Regulations, title 21, part 129.

Subp. 6. Bottled water plant.

"Bottled water plant" means a place in which bottled water is prepared for sale.

Subp. 7. Carbonated water or sparkling water.

"Carbonated water" or "sparkling water" means bottled water containing carbon dioxide.

Subp. 8. Corrosion-resistant materials.

"Corrosion-resistant materials" means materials that maintain acceptable sanitary surface characteristics under prolonged influence of the water to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.

Subp. 9. Department.

"Department" means the Department of Agriculture.

Subp. 10. Distilled water.

"Distilled water" means water produced by a process of distillation that meets the definition of purified water.

Subp. 11. Drinking water.

"Drinking water" means water from an approved source.

Subp. 12. EPA.

"EPA" means the United States Environmental Protection Agency.

Subp. 13. Fluoridated water.

"Fluoridated water" means water containing fluoride. Water that meets this definition must comply with the United States Food and Drug Administration quality standards in Code of Federal Regulations, title 21, section 103.35(d)(2).

Subp. 14. Law.

"Law" means applicable federal, state, and local statutes, ordinances, rules, and regulations.

Subp. 15. Lot.

"Lot" means:

A. a collection of primary containers or units of the same size, type, and style produced under conditions as nearly uniform as possible and usually designated by a common container code or marking, or in the absence of any common container code or marking, a day's production during manufacture, process, or packing; or

B. a collection of primary containers or units transported, stored, or held under conditions as nearly uniform as possible.

Subp. 16. Mineral water.

"Mineral water" means water that contains not less than 250 parts per million total dissolved solids coming from a source tapped at one or more boreholes or springs, originating from a geologically and physically protected underground water source, distinguished from other types of water by its constant level of minerals and trace elements at the point of emergence from the source.

Subp. 17. Operator.

"Operator" means a person who owns or operates a water vending machine.

Subp. 18. Ozonation.

"Ozonation" means disinfection of bottled or vended water with sufficient ozone residue of 0.1 to 0.4 parts per million in the bottled or vended water immediately after filling the container.

Subp. 19. Plant operator.

"Plant operator" means a person who owns or operates a bottled water plant.

Subp. 20. Purified water.

"Purified water" means water produced by distillation, deionization, ion-exchange treatment, reverse osmosis, or other suitable process. Purified water must not contain more than ten parts per million total dissolved solids. Water that meets this definition and is vaporized and then condensed may be labeled distilled water.

Subp. 21. Regulatory authority.

"Regulatory authority" means the department or the authorized home rule charter or statutory city or county responsible for licensing and inspection of vending machines.

Subp. 22. Safe materials.

"Safe materials" means materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of food. Food additives or color additives as defined in Section 201(s) or (t) of the federal Food, Drug, and Cosmetic Act are safe materials only if they are used in conformity with regulations established under Section 409 or 706 of that act. Other materials are safe materials only if, as used, they are not food additives or color additives as defined in Section 201(s) or (t) of the federal Food, Drug, and Cosmetic Act and are used in conformity with applicable regulations of the United States Food and Drug Administration.

Subp. 23. Sample.

"Sample" means a representative container or consumer unit from a batch or lot of a continuous, production of each type of bottled drinking water consisting of primary containers or unit packages of product.

Subp. 24. Sanitize.

"Sanitize" means effective bactericidal treatment of clean food contact surfaces of utensils and equipment by an approved process that is effective in destroying microorganisms, including pathogens, without adversely affecting the product or the safety of the consumer.

Subp. 25. Spring water.

"Spring water" means water derived from an underground formation from which water flows naturally to the surface of the earth.

Subp. 26. Steam.

"Steam" used in contact with water or water contact surfaces must be free from materials or additives other than those in Code of Federal Regulations, title 21, section 173.310.

Subp. 27. Trihalomethane or THM.

"Trihalomethane" or "THM" means one of the family of organic compounds, named as derivatives of methane, in which three of the four hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure.

Subp. 28. Total trihalomethanes or TTHM.

"Total trihalomethanes" or "TTHM" means the sum of the concentration in milligrams per liter of the trihalomethane compounds (trichloromethane (chloroform), dibromochloromethane, bromodichloromethane, and tribromomethane (bromoform)), rounded to two significant figures.

Subp. 29. Ultraviolet light treatment of water.

"Ultraviolet light treatment of water" means radiation at a wavelength of 240 to 280 nanometers (nm) applied at a minimum dosage of 16,000 microwatt seconds per square centimeter throughout the water disinfecting chamber. The disinfecting unit must have a maximum water depth in the chamber of three inches from the ultraviolet tube surface to the chamber wall, have a time delay mechanism to permit a two-minute warm-up unless left on at all times, and be installed with an intensity meter and an automatic shut-down valve when the dosage is below required minimum. Ultraviolet lamps must be replaced when the intensity meter indicates less than 50 percent of the rated lamp intensity.

As an alternative to the intensity meter and automatic shut-down valve, an operator may use a portable meter to test the ultraviolet lamp intensity. Operators using a portable meter must post in each machine near the ultraviolet assembly a permanent instruction label specifying a safe test procedure, a minimum intensity level of 254 nanometers, a required six-month test interval, and replacement of the lamp when at less than 50 percent of rated lamp intensity. A record of lamp testing and replacement must be signed, dated, and posted near the lamp assembly of each vending machine.

Subp. 30. Vended water.

"Vended water" means water dispensed by a water vending machine.

Subp. 31. Water dealer.

"Water dealer" means a person who imports bottled water or causes bulk water to be transported for bottling or as vended water for human consumption or other consumer uses.

Subp. 32. Water vending machine.

"Water vending machine" means a device that, upon insertion of one or more coins or tokens or receipt of payment by other means, dispenses treated water into a container without the necessity of refilling the machine between each operation, including bulk water dispensing machines with water prepared in the machine or from a remote refillable tank and dispensed on a self-serve basis by a consumer, an operator, or an operator's employee.

Subp. 33. Well water.

"Well water" means water taken from below the ground through a pipe or similarly installed device and using external force or vacuum.

History

Statutory Authority: MS s 29.27; 31.101; 31.11; 144.05; 144.08; 144.12; 157.011
History: 18 SR 31; 19 SR 75; 23 SR 519

Minn. R. 1550.3210 Product Quality

Subpart 1. Standards.

Bottled water must be from an approved source and must not contain anything in a quantity that may be injurious to health. Bottled water must meet the standards in Minnesota Statutes, section 31.101, subdivision 8, and other rules adopted by the department.

Subp. 2. Microbiological quality.

Bottled water must meet the standard of microbiological quality in item A or B if a sample of analytical units of equal volume is examined by the methods described in applicable sections of "Standard Methods for the Examination of Water and Wastewater," 20th edition (1998), published by the American Public Health Association. The commissioner may accept other official methods of analysis when published in "Standard Methods for the Examination of Water and Wastewater." That publication is incorporated by reference, is not subject to frequent change, and is available through the Minitex interlibrary loan system or from the American Public Health Association, 800 I Street, Washington, D.C. 20001-3710.

A. Multiple-tube fermentation method. Not more than one of the analytical units in the sample may have a most probable number of 2.2 or more coliform organisms per 100 milliliters and no analytical unit may have a most probable number of 9.2 or more coliform organisms per 100 milliliters.

B. Membrane filter method. Not more than one of the analytical units in the sample may have 4.0 or more coliform organisms per 100 milliliters and the arithmetic mean of the coliform density of the sample may not exceed one coliform organism per 100 milliliters.

Subp. 3. Physical quality.

Bottled water must meet the standards of physical quality in items A to C if a composite of analytical units of equal volume from a sample is examined by the method described in applicable sections of "Standard Methods for the Examination of Water and Wastewater," 20th edition (1998), which is incorporated by reference in subpart 2.

A. The turbidity must not exceed five units.

B. The color must not exceed 15 units.*

C. The odor must not exceed threshold odor No. 3.* * Mineral water is exempt from the standard.

Subp. 4. Chemical quality.

A. If a composite of analytical units of equal volume from a sample is examined by the methods described in item B, bottled water must meet standards of chemical quality and may not contain chemical substances in excess of the concentrations listed in subitems (1) to (18), expressed in milligrams per liter:

B. Analyses conducted to determine compliance with this subpart must be made in accordance with the methods described in the applicable sections of "Standard Methods for the Examination of Water and Wastewater," 20th edition (1998), which is incorporated by reference in subpart 2, or "Methods for Chemical Analysis of Water and Wastes," Environmental Monitoring and Support Laboratory, EPA-600/4-82-055, March 1983, United States Environmental Protection Agency. Analyses for organic substances must be determined by appropriate methods described in "Methods for Organochlorine Pesticides in Industrial Effluents" and "Methods for Chlorinate Phenoxy Acid Herbicides in Industrial Effluents," November 28, 1973, and "Part I: The Analysis of Trihalomethanes in Finished Waters by the Purge and Trap Method," Method 501.1 and "Part II: The Analysis of Trihalomethanes in Drinking Water by Liquid/Liquid Extraction," Method 501.2 in Code of Federal Regulations, title 40, part 141, Appendix C.

Subp. 5. Radiological quality.

If a composite of analytical units of equal volume from a sample is examined by the methods described in item D, bottled water must meet standards of radiological quality in items A to D.

A. The bottled water may not contain a combined radium-226 and radium-228 activity in excess of five picocuries per liter of water.

B. The bottled water may not contain a gross alpha particle activity (including radium-226, but excluding radon and uranium) in excess of 15 picocuries per liter of water.

C. The bottled water may not contain beta particle and photon radioactivity from manmade radionuclides in excess of that which would produce an annual dose equivalent to the total body or any internal organ of four millirems per year calculated on the basis of an intake of two liters of the water per day. If two or more beta- or photon-emitting radionuclides are present, the sum of their annual dose equivalent to the total body or to any internal organ may not exceed four millirems per year.

D. Analyses conducted to determine compliance with this subpart must be made in accordance with the methods described in the applicable sections of "Standard Methods for the Examination of Water and Wastewater," 18th edition (1991), which is incorporated by reference in subpart 2, and "Interim Radiochemical Methodology for Drinking Water," Environmental Monitoring and Support Laboratory, EPA-600/4-75-008 (Revised), March 1976, United States Environmental Protection Agency.

Subp. 6. Volatile organic compounds.

A. Volatile organic compounds may not exceed the levels listed in subitems (1) to (7), expressed in milligrams per liter:

B. Analyses conducted to determine compliance with this subpart must be made in accordance with a relevant method contained in "Methods for the Determination of Organic Compounds in Drinking Water," ORD Publications, CERI, EPA/600/4-88/039, December 1988. Copies are available from the National Technical Information Service, United States Department of Commerce, 5285 Port Royal Road, Springfield, VA 22161.

History

Statutory Authority: MS s 31.101; 31.11
History: 18 SR 31; 27 SR 168

Minn. R. 1550.3220 Bottled Water Process Requirements

Subpart 1. Filtering; processing; packaging.

Bottled water, including mineral water, must be processed and packaged according to Code of Federal Regulations, title 21, parts 110 and 129, and other rules adopted by the department.

Subp. 2. Microbiological controls.

Bottled water production, including transporting, processing, packaging, and storage, must be conducted under conditions and controls necessary to minimize the potential for microbiological contamination of the finished product.

Subp. 3. Transportation or storage.

Bottled water must not be transported or stored in bulk tanks or processed or bottled through equipment or lines used for nonfood products.

Subp. 4. Recalls.

Bottled water plant operators and water dealers must develop and maintain procedures for product recall and must implement those procedures for a product for which the operator or dealer knows or has reason to believe circumstances exist that may adversely affect its safety for the consumer. Plant operators and water dealers must notify the department within 48 hours of all recalls.

Subp. 5. Artesian water.

Artesian water may be collected with the assistance of external force to enhance the natural underground pressure so long as those measures do not alter the physical properties, composition, and quality of the water.

Subp. 6. Spring water.

Spring water must be collected only at the spring or through a bore hole that is adjacent to the point of emergence. Spring water collected with the assistance of external force to protect the water must be from the same underground stratum as the spring and must retain all the physical properties of and be of the same composition and quality as the water that flows naturally to the surface of the earth.

History

Statutory Authority: MS s 31.11
History: 18 SR 31

Minn. R. 1550.3230 Source Water Monitoring

Subpart 1. Sampling and analysis.

A plant operator is responsible for sampling and analysis of source water for the contaminants in part 1550.3210. The monitoring must be at least annually for chemical contaminants and weekly for microbiological contamination if the source is other than a community public water system. Additionally, source water must be analyzed once every four years for radiological contaminants.

Subp. 2. Source water exemption.

A. Plant operators using a community public water system for source water may substitute municipal testing results for chemical and radiological contaminant requirements of this part.

B. Plant operators using a noncommunity public water system for source water may request a variance from the commissioner to reduce the frequency of testing if they provide documentation that the source water consistently meets the chemical and radiological contaminant requirements of this part. The variance may not be longer than three years between testing.

Subp. 3. Other known contaminants.

If a bottled water plant operator, water dealer, or regulatory agency knows or has reason to believe that a contaminant not otherwise monitored is present in the source water because of a spill, release of a hazardous substance, or otherwise, and its presence would create a potential health hazard to consumers, the plant operator or water dealer must monitor the source water for that contaminant.

Subp. 4. Periodic monitoring of detected contaminants.

Detection of contaminants in source monitoring required by this part must be followed immediately by a program of periodic monitoring to confirm the presence in the source water of the contaminants. If a listed, unregulated contaminant is confirmed to be present in the source water at a concentration that exceeds a published level allowed by the EPA, United States Food and Drug Administration, or department, the plant operator or water dealer must use appropriate treatment techniques to remove or reduce the contaminant in the product water below the concentration and must use a program of periodic monitoring for the contaminant in the source water until the contaminant is not detectable in the source water.

Subp. 5. Monitoring and analysis personnel; records.

Required source water sampling and required analysis must be performed by the plant or by a competent commercial laboratory using approved methods of analysis. Records of the required sampling and analyses must be maintained on file at the plant for at least two years and must be available for official review upon request by the commissioner or any of the commissioner's authorized agents.

History

Statutory Authority: MS s 31.11
History: 18 SR 31

Minn. R. 1550.3240 Finished Product Monitoring

Subpart 1. Periodic monitoring.

To assure that bottled water complies with part 1550.3210, the following product monitoring using representative samples derived from the bottled product must be performed:

A. for microbiological contaminants in part 1550.3210, analyze weekly a representative sample from a given lot for each size of container produced by the plant; and

B. for chemical, physical, and radiological contaminants in part 1550.3210, analyze annually a representative sample from a given lot for each size of container produced by the plant.

Subp. 2. Monitoring and analysis personnel.

The required product water sampling and required analysis must be performed by the plant or by a competent commercial laboratory using approved methods of analysis.

Subp. 3. Records.

Records of required sampling and analysis must be maintained at the plant for at least two years and must be available for official review upon request by the commissioner or any of the commissioner's authorized agents.

History

Statutory Authority: MS s 31.11
History: 18 SR 31

Minn. R. 1550.3250 Labeling Requirements

Bottled water must conform to Minnesota Statutes, section 31.101, subdivision 8, and be labeled in compliance with items A to L.

A. If bottled water comes from a municipal source and has not been treated to meet the definition of distilled water or purified water, the label must state "from a municipal source" immediately and conspicuously preceding or following the name of the water without intervening written, printed, or graphic matter in type size at least one-half the size of the statement of identity and not less than 1/16 of an inch.

B. Mineral water may be labeled "mineral water." Mineral water with total dissolved solids content below 500 parts per million must be labeled with the statement "low mineral content" and mineral water with total dissolved solids greater than 1,500 parts per million must be labeled with the statement "high mineral content." The statement must appear on the principal display panel following the statement of identity in type size not less than one-half the size of the statement of identity but in no case of less than 1/16 of an inch.

C. Spring water may be labeled "spring water."

D. Well water may be labeled "well water."

E. Artesian water may be labeled "artesian water."

F. Purified water must be labeled "purified water" and the method of preparation must be stated on the label, except that purified water produced by distillation may be labeled "distilled water."

G. Drinking water may be labeled "drinking water."

H. A bottler, distributor, or vendor of bottled water whose corporate name, brand name, or trademark contains the words "spring," "well," "artesian," "mineral," or any derivative of those words, must label each bottle with the type of bottled water as defined in part 1550.3200, in typeface at least equal to the size of the typeface of the corporate name, brand name, or trademark, if the type of the bottled water is different from the type stated or implied in the corporate name, brand name, or trademark. Product identity must be located near the corporate name, brand name, or trademark.

I. The use of the word "spring" or a derivative of that word, other than in a trademark, trade name, or company name, to describe water that is not spring water is prohibited.

J. A product meeting more than one definition in part 1550.3200 may be identified by any of the applicable product types defined in part 1550.3200, except when otherwise specifically prohibited.

K. Supplemental printed information and graphics concerning recognized uses of the water may appear on the label but may not be false or misleading.

L. Bottled water, the quality of which is below that prescribed by this part, may be labeled with a statement of substandard quality complying with subitems (1) to (3).

History

Statutory Authority: MS s 31.101; 31.11
History: 18 SR 31; 27 SR 168

Minn. R. 1550.3260 Soda Water and Soft Drink Exemption

Bottled soft drinks, soda, seltzer, or other products commonly recognized as soft drinks and labeled with a common or usual name other than one of those in part 1550.3200 is exempt from parts 1550.3200 to 1550.3260. Water that is not in compliance with parts 1550.3200 to 1550.3260 may not be labeled as "artesian water," "bottled water," "distilled water," "drinking water," "fluoridated water," "mineral water," "purified water," "spring water," or "well water."

History

Statutory Authority: MS s 31.11
History: 18 SR 31

Minn. R. 1550.3270 Operator Requirements

Water vending machine operators must operate and maintain all water vending machines in a sanitary manner, maintain adequate water quality monitoring, and take investigative or corrective action necessary to assure that a safe and sanitary water is supplied to consumers.

History

Statutory Authority: MS s 31.11
History: 18 SR 31

Minn. R. 1550.3280 Vending Machine Requirements

Machines used to dispense vended water must comply with the construction and performance standards set by the National Automatic Merchandising Association and other rules adopted by the department and must:

A. be designed and constructed to permit easy cleaning and maintenance of all exterior and interior surfaces and component parts;

B. have all parts and surfaces in contact with the water constructed of approved, safe materials, corrosion-resistant, and nonabsorbent material capable of withstanding repeated cleaning and sanitizing treatments;

C. have a recessed or guarded corrosion-resistant dispensing spout so constructed that neither the spout or the guard contacts the bottle;

D. be designed so all treatment of the vended water by distillation, ion-exchange, filtration, ultraviolet light, reverse osmosis, mineral addition, or other acceptable process is done in an effective manner;

E. have an effective system of collection and handling of drip, spillage, and overflow of water through an approved sewage disposal system operated according to law;

F. have a backflow prevention device approved by law of all connections with the water supply;

G. disinfect vended water by ultraviolet light or other method approved by the department before delivery into the consumer's container;

H. be equipped with monitoring devices designed to shut down operation of the machine when the disinfection unit fails to function;

I. be equipped with a self-closing, tight-fitting door on the vending compartment or other method of protecting the filler compartment acceptable to the commissioner;

J. be maintained in a clean and sanitary condition, free from dirt and vermin;

K. be located in an area that can be maintained in a clean condition and in a manner that avoids insect and rodent harborage;

L. have all plumbing to and within the vending machine, including the treatment equipment and piping, meet the plumbing code requirements of the Department of Health; and

M. display, in a position clearly visible to customers, the following information:

History

Statutory Authority: MS s 31.11
History: 18 SR 31

Minn. R. 1550.3290 Service; Sampling; Records

Subpart 1. Cleaning; maintenance.

All parts and surfaces of water vending machines must be maintained in a clean and sanitary condition by the operator. The vending chamber and vending nozzle must be cleaned and sanitized each time the machine is serviced. Surfaces in contact with the vended water must be maintained as a deposit-free, visibly clean system. A record of cleaning and maintenance operations must be kept by the operator at company headquarters for each water vending machine and be available for inspection upon request.

Subp. 2. Analysis of water.

Vended water must be from a community public water system or other approved source. The operator is responsible for monitoring the source and vended water from each vending machine. The sampling and analysis must be performed once every three months for total coliforms and the source water once each year for chemical, physical, and radiological contaminants in part 1550.3210. Purified water must be analyzed once every three months for total coliforms and total solids. The required sampling must be performed by qualified personnel and analyzed by a competent laboratory using approved methods of analysis in part 1550.3210. Records of sampling and analysis must be maintained on file at company headquarters for at least two years and must be available for official review upon request by the commissioner or any of the commissioner's authorized agents.

Subp. 3. Silver.

Vended water from each water vending machine using silver-impregnated carbon filters in the treatment process must be analyzed once every six months for silver. The analysis must be performed by a competent laboratory using approved methods of analysis in part 1550.3210. Records of sampling and analysis must be maintained on file for at least two years and must be available at company headquarters for official review by the commissioner or any of the commissioner's authorized agents.

Subp. 4. More frequent analysis.

A more frequent analysis of the parameters in this part may be required by the department if there is evidence of unfitness of the vended water because of the presence of undesirable elements, compounds, materials, or microorganisms caused by the passage of water through the machines.

Subp. 5. Source water exemption.

A. Plant operators using a community public water system for source water may substitute municipal testing results for chemical and radiological contaminant requirements of this part.

History

Statutory Authority: MS s 31.11
History: 18 SR 31

Minn. R. 1550.3300 Review of Plans

Before construction or major remodeling of a bottled water plant, or when an existing structure is converted to use as a bottled water plant, properly prepared plans and specifications for construction, major remodeling, or conversion must be submitted to the department for review and approval. The plans and specifications must show the proposed layout, arrangement, mechanical plans, construction materials of work areas, and the type and model of proposed fixed equipment and facilities. The department will treat the plans and specifications as confidential or trade secret information according to law and will approve the plans and specifications if they meet the requirements of parts 1550.3200 to 1550.3260. A bottled water plant may not be constructed, extensively remodeled, or converted except according to plans and specifications approved by the department.

History

Statutory Authority: MS s 31.11
History: 18 SR 31

Minn. R. 1550.3310 Preoperational Inspection

If plans and specifications are required by part 1550.3300, the department must inspect the bottled water plant before the start of operations to determine compliance with the approved plans and specifications and with the requirements of parts 1550.3200 to 1550.3260.

History

Statutory Authority: MS s 31.11
History: 18 SR 31

Minn. R. 1550.3320 Existing Bottled Water Plants and Vending Machines

Building facilities, equipment, and vending machines in use before July 13, 1993, that do not fully meet the design and fabrication requirements of parts 1550.3200 to 1550.3320 are acceptable if they are in good repair, capable of being maintained in a sanitary condition, produce a safe and sanitary water meeting the requirements of parts 1550.3210 to 1550.3250 or 1550.3270 to 1550.3290 respectively, and the water contact surfaces comply with part 1550.3200, subpart 22.

New building facilities and new equipment for which contractual obligations are incurred before July 13, 1993, that do not fully meet the design and fabrication requirements of parts 1550.3200 to 1550.3320 are acceptable if they are capable of being maintained in a sanitary condition, produce a safe, potable water meeting the requirements of parts 1550.3210 to 1550.3250 or 1550.3270 to 1550.3290 respectively, and the water contact surfaces comply with part 1550.3200, subpart 22.

History

Statutory Authority: MS s 31.11
History: 18 SR 31

Minn. R. 1550.3350 Tea

"Tea" is the tender leaves, leaf buds, and tender internodes of different varieties of thea sinensis L., prepared and cured by recognized methods of manufacture. It conforms in variety and place of production to the name it bears; contains not less than four percent nor more than seven percent of ash; and meets the provisions of the Act of Congress approved March 2, 1897, as amended, regulating the importation and inspection of tea.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3360 Coffee

"Coffee" is the seed of cultivated varieties of Coffea arabica, C. liberica and C. robusta. "Green coffee," "raw coffee," "unroasted coffee" is coffee freed from all but a small portion of its spermoderm and conforms in variety and in place of production to the name it bears. "Roasted coffee," "coffee" is properly cleaned green coffee which by the action of heat (roasting) has become brown and has developed its characteristic aroma.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3370 Vinegar, Cider Vinegar, Apple Vinegar

"Vinegar," "cider vinegar," "apple vinegar," is the product made by the alcoholic and subsequent acetous fermentations of the juice of apples and contains in 100 cubic centimeters (20 degrees Celsius) not less than four grams of acetic acid.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3380 Wine Vinegar, Grape Vinegar

"Wine vinegar," "grape vinegar," is the product made by the alcoholic and subsequent acetous fermentations of the juice of grapes and contains, in 100 cubic centimeters (20 degrees Celsius), not less than four grams of acetic acid.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3390 Malt Vinegar

"Malt vinegar" is the product made by the alcoholic and subsequent acetous fermentations, without distillation, of an infusion of barley malt or cereals whose starch has been converted by malt and contains, in 100 cubic centimeters (20 degrees Celsius), not less than four grams of acetic acid.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3400 Sugar Vinegar

"Sugar vinegar" is the product made by the alcoholic and subsequent acetous fermentations of solutions of sugar, syrup, molasses, or refiners' syrup and contains, in 100 cubic centimeters (20 degrees Celsius), not less than four grams of acetic acid.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3410 Glucose Vinegar

"Glucose vinegar" is the product made by the alcoholic and subsequent acetous fermentations of a solution of glucose, is dextrorotatory and contains, in 100 cubic centimeters (20 degrees Celsius), not less than four grams of acetic acid.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3420 Spirit Vinegar, Distilled Vinegar, Grain Vinegar

"Spirit vinegar," "distilled vinegar," "grain vinegar," is the product made by the acetous fermentation of dilute distilled alcohol and contains, in 100 cubic centimeters (20 degrees Celsius), not less than four grams of acetic acid.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3430 Soda Water

"Soda water" is the class of beverages made by absorbing carbon dioxide in potable water. The amount of carbon dioxide used is not less than that which will be absorbed by the beverage at a pressure of one atmosphere and at a temperature of 60 degrees Fahrenheit. It may contain buffering agents as provided in part 1550.3440, item E. It either contains no alcohol or only such alcohol (not in excess of 0.5 percent by weight of the finished beverage) as is contributed by the flavoring ingredient used. Soda water designated by a name including any proprietary name provided for in part 1550.3450 which includes the word "cola" or a designation as a "pepper" beverage that for years has become well known as being made with kola nut extract and/or other natural caffeine-containing extracts and thus as a caffeine-containing beverage shall contain caffeine in a quantity not to exceed 0.02 percent by weight.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3440 Optional Ingredients

Soda water may contain optional ingredients but if any such ingredient is a food additive or a color additive within the meaning of section 201 (s) or (t) of the Federal Food, Drug and Cosmetic Act, it is used only in conformity with the requirements established therefore. The optional ingredients that may be used in soda water in such proportions as are reasonably required to accomplish their intended effects are:

A. nutritive sweeteners consisting of the dry or liquid form of sugar, invert sugar, dextrose, corn syrup, glucose syrup, sorbitol, or any combination of two or more of these;

B. one or more of the following flavoring ingredients may be added in a carrier consisting of ethyl alcohol, glycerin, or propylene glycol:

C. natural and artificial color additives;

D. one or more of the acidifying agents acetic acid, adipic acid, citric acid, fumaric acid, lactic acid, malic acid, phosphoric acid, or tartaric acid;

E. one or more of the buffering agents consisting of the acetate, bicarbonate, carbonate, chloride, citrate, lactate, orthophosphate, or sulfate salts of calcium, magnesium, potassium, or sodium;

F. emulsifying, stabilizing, or viscosity-producing agents:

G. one or more of the foaming agents ammoniated glycyrrhizin, gum ghatti, licorice, or glycyrrhiza, yucca (Joshua-tree), yucca (Mohave);

H. caffeine, in an amount not to exceed 0.02 percent by weight of the finished beverage;

I. quinine, as provided in Code of Federal Regulations, title 21, section 172.575, in an amount not to exceed 83 parts per million by weight of the finished beverage;

J. one or more of the chemical preservatives ascorbic acid, benzoic acid, BHA, BHT, calcium disodium EDTA, erythorbic acid, glucose-oxidasecatalase enzyme, methyl or propyl paraben, mordihydroguaiaretic acid, propyl gallate, potassium or sodium benzoate, potassium or sodium bisulfite, potassium or sodium metabisulfite, potassium or sodium sorbate, sorbic acid, sulfur dioxide, or tocopherols; stannous chloride in a quantity not to exceed 11 parts per million calculated as tin (Sn), and in the case of canned soda water, with or without one or more of the other chemical preservatives listed in this item;

K. the defoaming agent dimethylpolysiloxane in an amount not to exceed ten parts per million.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3450 Names of Beverages

Subpart 1. Beverage neither flavored nor sweetened.

The name of the beverage for which a definition and standard of identity is established by parts 1550.3430 to 1550.3470, which is neither flavored nor sweetened, is soda water, club soda, or plain soda.

Subp. 2. Beverage containing flavoring and sweetening.

The name of each beverage containing flavoring and sweetening ingredients as provided for in part 1550.3440 is "______ soda" or "______ soda water" or "______ carbonated beverage," the blank being filled in with the word or words that designate the characterizing flavor of the soda water; for example, "grape soda."

Subp. 3. Soda water designated by common name.

If the soda water is one generally designated by a particular common name; for example, ginger ale, root beer, or sparkling water, that name may be used in lieu of the name prescribed in subparts 1 and 2. For the purposes of parts 1550.3430 to 1550.3470, a proprietary name that is commonly used by the public as the designation of a particular kind of soda water may likewise be used in lieu of the name prescribed in subparts 1 and 2.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3460 Optional Ingredients Labeling

Soda water that contains the optional ingredient caffeine as provided for in part 1550.3440, item H, artificial flavoring, artificial coloring, or any combination of these shall be labeled to show that fact by the label statement "with " or " added," the blank being filled in with the word or words, "caffeine," "artificial flavoring," "artificial coloring," or a combination of these words, as appropriate. If the soda water contains one or more of the optional ingredients set forth in part 1550.3440, item J, which has or is intended to have a preservative effect in the finished beverage, it shall be labeled to show that fact by one of the following statements: "______ added as a preservative" or "preserved with ______" the blank being filled in with the common name of the preservative ingredient. If soda water contains quinine salts, the label shall bear a prominent declaration either by use of the word "quinine" in the name of the article or by separate declaration.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3470 Placement of Label Statements

The label statements prescribed in part 1550.3460 for declaring the optional ingredients present shall appear on a labeling surface of the beverage in such a manner as to render the statement likely to be read by the ordinary individual under customary conditions of purchase or use of such beverage. These statements shall immediately and conspicuously precede or follow the name of the beverage, wherever such name is prominently displayed, without intervening, written, printed, or graphic matter; provided, that where such name is part of a trademark or brand, then other written, printed, or graphic matter that is also a part of such trademark or brand may intervene if the label statement required by parts 1550.3450 and 1550.3460 is so placed as to be conspicuously related to the name of the beverage.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3480 Bacterial, Yeast, and Mold Standards for Nonalcoholic Beverages

No canned or bottled carbonated or still beverages, carbonated, plain, or otherwise, manufactured, mixed, or compounded, shall be sold, offered, or exposed for sale or held in possession for sale in this state, the bacterial count of which at any time after manufacturing, mixing, or compounding exceeds 100 bacteria per milliliter, 20 molds per milliliter, or a mixture of yeasts and molds which exceeds 20 per milliliter collectively, standard plate count, as determined by the arithmetical averages of four consecutive tests of beverage samples taken on separate days.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3490 Purified Water

"Purified water" is a water produced by distillation, deionization, or by reverse osmosis and shall not contain more than ten parts per million of total dissolved solids and otherwise conforms to the sanitary standards for water. Purified water shall be designated by the name "purified water" and the statement "produced by ______," the blank being filled in with the appropriate descriptive words describing the water treatment process; for example, "purified water produced by distillation." These label statements shall appear on the labeling surface of the container in such a manner as to render the statement likely to be read by the ordinary individual under customary conditions of purchase or use. For the purposes of this part the use of the names "distilled water," "deionized water," or "reverse osmosis water" may be used in lieu of the labeling prescribed herein when it properly describes the character and process of the water so designated.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3500 Phosphate Beverage

A product labeled or sold as a phosphate beverage must contain an appreciable amount of phosphoric acid or acid phosphate, with or without other acid material commonly used in the preparation of beverages, provided that none of the acid ingredients are of such a nature as to render the product injurious to health.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3510 Information on Bottles

The information required to be given on the bottles containing a beverage may appear on a label pasted on the side of the bottle, on the crown or cap, or may be blown in the glass on the side of the bottle, or appear in applied color label on the side of the bottle. All information required by law or rulings must be plainly and conspicuously set forth, in proximity to the name of the article, through any one of the above named methods of labeling.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3520 Misbranding

The information placed on the bottle by the manufacturer or bottler, whether in the form of a printed label or by means of lettering blown in the glass, must in each case be truly descriptive of the product contained in the bottle. The interchanging of labels, whether printed on paper or on the crown cap or blown in the glass of the bottle, whereby the matter contained in the label is not truly descriptive of the product or its origin, constitutes a misbranding.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3530 Certain Nonalcoholic Beverages

Beverages which conform to cordials, wines, creme de menthe, etc. in all respects except as to alcoholic content, may be labeled as "nonalcoholic cordials," "nonalcoholic creme de menthe," "nonalcoholic wine," etc. as the case may be.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3540 Modified Fruit Juice

Such terms as "apple juice," "grape juice," "loganberry juice," "cherry juice," etc. are applicable only to the pure juice of the fruit specified. A fruit juice which has been modified in any way or to which sugar, dextrose, corn syrup, or corn syrup solids have been added shall be plainly labeled so as to indicate such modification or addition, as for example, grape juice with added sugar.

History

Statutory Authority: MS s 31.10; 31.101

Minn. R. 1550.3550 Packaged Potatoes Labeling

All potatoes offered for sale in packaged form (closed containers):

A. shall be labeled with the name "potatoes," the net weight, and the name and address, including the zip code, of the packer or distributor, and said label shall not be false or misleading in any particular. If the distributor's name is used, it shall be qualified with the word "distributor" or its equivalent. The variety of potatoes may be named on the label, and, if the variety is named, the potatoes in the labeled container shall conform to the variety named. Tag labels may be used;

B. shall not be packaged in a transparent container which is artificially colored; and

C. shall not be labeled unclassified.

History

Statutory Authority: MS s 30.102
History: 27 SR 260

Minn. R. 1550.3560 Tom and Jerry Batter, Tom and Jerry Mix

"Tom and Jerry batter," "Tom and Jerry mix," is a manufactured food product consisting of water and sugar or other approved sweeteners to which are added spices and fresh, frozen, or dried egg yolks or whole eggs with or without Grade A dairy products, approved stabilizers, flavors, colors, and emulsifiers.

History

Statutory Authority: MS s 31.10

Minn. R. 1550.3570 Tom and Jerry Base

"Tom and Jerry base" is a manufactured food product containing all of the ingredients of Tom and Jerry batter, Tom and Jerry mix, except that water has been omitted or removed.

History

Statutory Authority: MS s 31.10

Minn. R. 1550.3580 Labeling

The name of the food product is "Tom and Jerry batter," "Tom and Jerry mix," and the name of the base is "Tom and Jerry base." The name of the product "Tom and Jerry batter," "Tom and Jerry mix" shall be qualified by the word "pasteurized" and if it is homogenized, the word "homogenized."

History

Statutory Authority: MS s 31.10

Minn. R. 1550.3590 Labeling When Artificial Coloring Is Used

When any artificial coloring is used in Tom and Jerry batter, Tom and Jerry mix, or Tom and Jerry base, directly or as a component of any ingredient, the label shall bear the words "artificially colored" or "________ an artificial color added," the blank being filled with the common or usual name of the artificial color; or, in lieu thereof, in case the artificial color is a component of another ingredient, "________ artificially colored."

History

Statutory Authority: MS s 31.10

Minn. R. 1550.3600 Labeling When Artificial Flavor Is Used

When artificial flavor is used in Tom and Jerry batter, Tom and Jerry mix, or Tom and Jerry base, either directly or as a component of any ingredient, the label shall bear the words "artificial flavor added" or "artificial ________ flavor added," the blank being filled in with the common name of the flavor simulated by the artificial flavor. If both artificial color and artificial flavorings are used, the label statements may be combined.

History

Statutory Authority: MS s 31.10

Minn. R. 1550.3610 Pasteurization

Every particle of Tom and Jerry batter, Tom and Jerry mix, shall be heated to a temperature of not less than 155 degrees Fahrenheit and held at that temperature for not less than 30 minutes in properly operated equipment approved by the commissioner, or to a temperature of not less than 175 degrees Fahrenheit and held at that temperature for not less than 25 seconds in properly operated equipment approved by the commissioner. Nothing contained in this part shall be construed as excluding any other process which has been demonstrated to be equally efficient and is approved by the commissioner.

History

Statutory Authority: MS s 31.10

Minn. R. 1550.3620 Cooling

Immediately after pasteurization such Tom and Jerry batter, Tom and Jerry mix, shall be cooled in properly operated equipment approved by the commissioner to a temperature of 50 degrees Fahrenheit, or lower, and held at such temperature until delivered to the final consumer.

History

Statutory Authority: MS s 31.10

Minn. R. 1550.3630 Records

A recording thermometer record chart, properly completed, identified, and dated, of each batch of Tom and Jerry batter, Tom and Jerry mix, pasteurized and cooled shall be available at the plant of pasteurization at all reasonable times for examination by the commissioner or the commissioner's agents and shall be retained for a period of three months.

History

Statutory Authority: MS s 31.10
History: 17 SR 1279

Minn. R. 1550.3640 Bacterial Counts and Coliform Counts

At no time after pasteurization and cooling shall Tom and Jerry batter, Tom and Jerry mix, have a bacterial count exceeding 20,000 bacteria per gram, standard plate count, nor a coliform count exceeding ten coliforms per gram nor a temperature above 50 degrees Fahrenheit in more than two of the last four consecutive samples taken on separate days.

History

Statutory Authority: MS s 31.10

Minn. R. 1550.3650 Sanitation

Establishments in which Tom and Jerry batter, Tom and Jerry mix, or Tom and Jerry base are manufactured shall conform to all of the applicable items of sanitation described under parts 1525.0830 to 1525.1340, provided, that if the room or rooms where such Tom and Jerry batter, Tom and Jerry mix, or Tom and Jerry base are manufactured, packaged, and stored and equipment and utensils are washed are not wet locations, the construction requirements of part 1525.0830, and the plumbing and liquid waste disposal requirements of part 1525.0970 shall be satisfied if:

A. the floors of such room or rooms are impervious or are solid floors covered with tightly sealed, approved washable material and are kept clean and in good repair;

B. the walls and ceilings of such room or rooms are smooth, washable, light-colored, and are kept clean and in good repair;

C. said room or rooms are used for no other purpose at the time when such products are being manufactured, pasteurized, cooled, further processed and/or packaged; and

D. liquid wastes from drip, spillage, and washing of utensils and equipment are disposed of in accordance with the provisions of Minnesota Plumbing Code, as adopted by Minnesota Department of Health, October 16, 1951.

History

Statutory Authority: MS s 31.10

Chapter 1552 AGRICULTURAL DEVELOPMENT GRANTS

Minn. R. 1552.0010 Purpose and Authority

Parts 1552.0010 to 1552.0110 are prescribed by the commissioner to provide for the administration of agricultural development grants pursuant to Minnesota Statutes, section 17.101, subdivision 2.

History

Statutory Authority: MS s 17.101
History: 9 SR 2062

Minn. R. 1552.0020 Definitions

Subpart 1. Scope.

For the purpose of parts 1552.0010 to 1552.0110, the terms defined in this part have the meanings given them.

Subp. 2. Advisory group.

"Advisory group" means the ad hoc committee which may be selected by the commissioner pursuant to Minnesota Statutes, section 17.101 to assist in the evaluation of grant requests.

Subp. 3. Agricultural products.

"Agricultural products" means animals and animal products, services which contribute to the health, management, and growth of animals and animal products, dairy products, poultry or poultry products, fruit, vegetables, horticultural crops, grain, bees and apiary products, and products of aquaculture, horticulture, and silviculture grown, raised, produced, fed, or processed within the state of Minnesota.

Subp. 4. Commissioner.

"Commissioner" means the commissioner of agriculture or the commissioner's designee.

Subp. 5. Contract.

"Contract" means an agreement between the commissioner and a grantee setting forth the terms of the grant.

Subp. 6. Department.

"Department" means the Department of Agriculture.

Subp. 7. Fiscal year.

"Fiscal year" means the period from July 1 of one year through June 30 of the following year.

Subp. 8. Grant.

"Grant" means an agricultural development grant authorized by Minnesota Statutes, section 17.101.

Subp. 9. Grantee.

"Grantee" means an applicant that has been awarded a grant under the program governed by parts 1552.0010 to 1552.0110.

Subp. 10. Termination date.

"Termination date" means the ending date of a grant awarded under the program governed by parts 1552.0010 to 1552.0110.

History

Statutory Authority: MS s 17.101
History: 9 SR 2062

Minn. R. 1552.0030 General Terms and Conditions of Grants

Subpart 1. Grant ratio.

A grant made by the commissioner may not exceed 75 percent of the total cost of the grant project. The grantee must contribute at least 25 percent of the total project cost in the form of cash or contributed goods and services.

Subp. 2. Duration of grant.

A grant will ordinarily be made for 12 months or less. Applications will be accepted for projects of longer duration, but grant funds will be committed for only 12 months. For projects extending beyond 12 months, a new application must be submitted and approved in accordance with parts 1552.0010 to 1552.0110 prior to the commitment of additional grant funds.

Subp. 3. Amount of assistance.

An applicant may submit more than one grant application in a fiscal year. The grant amount for any project may not exceed $70,000. The total of all grants to the same grantee may not exceed $70,000 for the biennium.

Subp. 4.

[Repealed, 29 SR 655]

History

Statutory Authority: MS s 17.1012
History: 9 SR 2062; 29 SR 655

Minn. R. 1552.0040 Eligibility of Projects and Applicants

Subpart 1. Eligible projects.

A proposed project is eligible for a grant if it will expand, improve, or develop markets for the products of Minnesota agriculture through one of the following:

A. advertising Minnesota agricultural products;

B. assisting state agricultural commodity organizations desiring to sell their agricultural products in national and international markets;

C. developing methods to increase the processing and marketing of agricultural commodities including commodities not being produced in Minnesota on a commercial scale, but which may have economic potential in national and international markets;

D. investigating and identifying new marketing technology and methods to enhance the competitive position of Minnesota agricultural products;

E. evaluating livestock marketing opportunities;

F. assessing and developing national and international markets for Minnesota agricultural products;

G. studying the conversion of raw agricultural products to manufactured products including ethanol;

H. hosting the visits of foreign trade teams to Minnesota and defraying the teams' expenses;

I. assisting Minnesota agricultural businesses desiring to sell their products in national and international markets; and

J. other activities the commissioner deems reasonably related to promoting Minnesota agricultural products in national and international markets.

Subp. 2.

[Repealed, 22 SR 2294]

Subp. 3. Eligible applicants.

In its application, the applicant must demonstrate that it has the capability to meet the proposed objectives of the project and the grant contribution requirements.

History

Statutory Authority: MS s 17.101
History: 9 SR 2062; 22 SR 2294

Minn. R. 1552.0050 Application Procedures

Subpart 1. Submission of application.

An applicant for an agricultural development grant shall submit to the commissioner an original completed application. Applications must be received by the commissioner by the application deadline.

Subp. 2. Application content.

The application must include the following information:

A. a brief description of the characteristics of the applicant, including the legal name, the federal and state tax identification or Social Security number, address, and a brief statement of the applicant's organizational structure, history, and interest in the proposed project;

B. the name of the individual or individuals authorized to negotiate and sign contracts, and to receive and report on grant funds;

C. a general statement regarding which of the agricultural promotion activities listed in part 1552.0040 will be pursued;

D. a project description that includes the following:

E. a description of qualifications of personnel who would be assigned to the project;

F. a budget showing total project costs and contributions, as follows:

G. a copy of the latest audit report, financial statement, or other appropriate statement of financial condition of the applicant.

Subp. 3. Incomplete application.

The commissioner shall consider an application when a completed application is received. If an application is incomplete, the commissioner shall notify the applicant specifying the additional information required. The applicant has 20 days from the date on the commissioner's letter to provide the additional information. If there is no response to the commissioner's letter within 20 days, the commissioner shall not consider the application further.

Subp. 4. Additional information.

The commissioner may require the applicant to submit other information reasonably related to a determination of applicant or project eligibility or project feasibility.

History

Statutory Authority: MS s 17.101
History: 9 SR 2062; 22 SR 2294; 29 SR 655

Minn. R. 1552.0060 Application Review; Approval; and Notification

Subpart 1. Advisory group review.

If an advisory group is selected, the advisory group will convene at the call of the commissioner to review applications and will submit their evaluations to the commissioner.

Subp. 2. Commissioner's review and determination.

The commissioner shall review all applications. The commissioner shall determine whether an application shall be granted, and the amount and terms of the grant. The commissioner shall weigh and compare all grant applications in light of the availability of funds.

Subp. 3. Criteria for approval.

The following criteria shall be used by the commissioner in reviewing each grant application:

A. whether the applicant and the project are eligible under part 1552.0040 and meet the contribution requirements of part 1552.0030, subpart 1;

B. whether the proposed project is likely to expand, improve, or develop markets for Minnesota agricultural products by means of conducting one or more of the activities stated in part 1552.0040, subpart 1;

C. whether the project is feasible and likely to produce the desired objective;

D. the degree to which the proposed project employs novel, creative, and innovative ideas for the promotion of Minnesota agricultural products;

E. the degree to which the proposed project would have a generic impact upon the sector of Minnesota agriculture for which it is proposed;

F. whether the experience or capability of the applicant make likely the successful completion of the project;

G. the degree to which the proposed project is coordinated with or complementary to similar or related efforts to promote Minnesota agricultural products;

H. whether the proposed budget is adequate to accomplish the proposed project;

I. the degree to which similar or related projects by this applicant or other persons have been successful or unsuccessful;

J. whether the applicant appears able to apply generally accepted accounting principles and appears financially qualified for the project; and

K. the applicant's past performance as a grantee under this program, if applicable.

Subp. 4. Notification.

The commissioner shall notify the applicant in writing of the approval or disapproval of its grant application.

History

Statutory Authority: MS s 17.101
History: 9 SR 2062

Minn. R. 1552.0070 Grant Administration

Subpart 1. Contract.

Each approved grant must be governed by a contract between the department and the grantee. The following terms among others must be specified in the contract:

A. the total amount of the grant and the timing of grant payments;

B. the starting and termination dates of the contract;

C. dates for submitting progress reports;

D. a list of the eligible costs of the project, in accordance with subpart 4, item C; and

E. a statement that the grantee must inform the commissioner of any significant change in implementation of the project, and must obtain prior approval before initiating the change.

Subp. 2. Rescission of grant.

The individual authorized by the grantee must sign and return the contract with all attachments to the commissioner no later than 30 days after the date the grantee receives the contract. If the grantee does not sign and return the contract with all attachments to the commissioner within those 30 days, the commissioner may rescind the grant commitment.

Subp. 3. Commencement of spending.

The grantee may not obligate or begin to spend money under the grant until the contract has been signed by all necessary parties and a fully executed copy has been returned to the grantee.

Subp. 4. Payments and use of funds.

A. Payments to the grantee must be made according to the schedule stated in the contract, if the grantee has complied with all contract provisions, including submission of progress reports. In all cases, payment of the final ten percent of the grant funds must be made upon the commissioner's receipt and acceptance of the final report required under part 1552.0090, subpart 5.

B. Grant funds may not be used for acquisition of land, buildings, general office equipment, and other capital expenditures.

C. Grant funds may be used for the following:

D. Grant funds used for the development, printing, or publication of books, reports, brochures, or films must be acknowledged with the phrase "funding assistance provided by the Minnesota Department of Agriculture."

History

Statutory Authority: MS s 17.101
History: 9 SR 2062

Minn. R. 1552.0080 Extensions

The grantee must make a written request for an extension of the contract no later than 90 days prior to the termination date explaining the reasons an extension is needed. The commissioner may grant an extension up to six months if necessary for successful completion of the grant project and realization of grant objectives. As a condition of the contract extension, the commissioner may modify the terms of the contract.

History

Statutory Authority: MS s 17.101
History: 9 SR 2062

Minn. R. 1552.0090 Monitoring and Review

Subpart 1. Records.

The grantee must keep records of all activities undertaken in connection with implementation of the grant proposal. The books, records, documents, and accounting procedures and practices of the grantee related to the grant are subject to examination by the commissioner. The grantee must give the commissioner access during normal business hours to all business records related to the project.

Subp. 2. Progress reports.

Grantees must submit progress reports to the commissioner on dates specified in the contract. Each progress report must include a narrative statement of the progress toward project objectives and work tasks, an itemized statement of project funds, including grant funds received and the grantee's contributions, and an itemized statement of project expenditures.

Subp. 3. Onsite visit.

The commissioner may conduct on-site visits during the term of the grant to determine what progress has been made to accomplish project objectives and work tasks or if the grantee has been complying with all terms and conditions of the contract.

Subp. 4. Evaluation.

If the commissioner determines through an examination that the grantee has not been complying with the terms of the contract, the commissioner may direct the grantee to adhere to the terms of the contract, may modify the terms of the grant contract as necessary to assure that project objectives are met, may terminate the contract, or may seek a legal remedy in a court of competent jurisdiction.

Subp. 5. Final report.

A grantee must return all unexpended grant funds and submit a final written report on the project within 60 days of the termination date of the contract. A grantee may submit additional information in the final report, but the final report must include the following information:

A. an assessment regarding the completion of project objectives and work tasks as well as the results achieved, written, to the extent possible, in measurable and quantifiable terms;

B. an assessment of further work that may be necessary with respect to the objectives of the project, based on the experience gained through implementing the project;

C. an evaluation of the project stating both its immediate and long-term impact regarding the expansion, improvement, or development of markets for products of Minnesota agriculture; and

D. a complete financial statement accounting for all receipts and expenditures of grant funds and for all the grantee's contributions of money, goods, and services.

History

Statutory Authority: MS s 17.101
History: 9 SR 2062

Minn. R. 1552.0100 Termination of Contract

The contract terminates on the termination date specified in the contract unless it is extended under part 1552.0080 or terminated by the commissioner under part 1552.0090 or 1552.0110. Upon termination of the contract at any time, any unused supplies or materials and all unexpended grant funds must immediately be returned to the commissioner.

History

Statutory Authority: MS s 17.101
History: 9 SR 2062

Minn. R. 1552.0110 Misrepresentation by Applicant or Grantee

If any grant application, progress report, or final report contains material false or misleading statements or information, the commissioner may take one or more of the following actions, as appropriate: reject the grant application; conduct an examination of the use of grant funds; modify the terms of the grant contract as necessary to assure that project objectives are met; terminate the grant contract; or recover grant funds through available legal remedies.

History

Statutory Authority: MS s 17.101
History: 9 SR 2062

Chapter 1555 ORGANIC FOOD

Minn. R. 1555.0005 Repealed by subpart

Subpart 1.

[Repealed, 27 SR 1820]

Subp. 2.

[Repealed, 15 SR 11; 27 SR 1820]

Subp. 3.

[Repealed, 27 SR 1820]

Subp. 4.

[Repealed, 27 SR 1820]

Subp. 5.

[Repealed, 27 SR 1820]

Subp. 6.

[Repealed, 27 SR 1820]

Subp. 7.

[Repealed, 27 SR 1820]

Subp. 8.

[Repealed, 27 SR 1820]

Subp. 9.

[Repealed, 27 SR 1820]

Subp. 10.

[Repealed, 27 SR 1820]

Subp. 11.

[Repealed, 27 SR 1820]

Subp. 12.

[Renumbered 1550.3640]

Minn. R. 1555.7500 [Renumbered 1550.3650]

[Renumbered 1550.3650]

Chapter 1556 MINNESOTA GROWN LABELING STATEMENTS

Minn. R. 1556.0100 Authority

This chapter governs licensing and use of the "Minnesota grown" logo and labeling statement and is adopted by the commissioner under Minnesota Statutes, section 17.102.

History

Statutory Authority: MS s 17.102
History: 13 SR 2896; 18 SR 580

Minn. R. 1556.0110 Definitions

Subpart 1. Scope.

The definitions in this section apply to this chapter.

Subp. 2. Agricultural products.

"Agricultural products" means livestock or livestock products, dairy products, poultry or poultry products, fish, fruit, vegetables, grains, including natural and cultivated wild rice, bees, apiary products, products made from trees, including firewood, wreaths, maple syrup and maple products, Christmas trees, and greenhouse and nursery crops.

Subp. 3. Commissioner.

"Commissioner" means the commissioner of agriculture or the commissioner's authorized representative.

Subp. 4. Department.

"Department" means the Department of Agriculture.

Subp. 4a. Hand harvested wild rice.

"Hand harvested wild rice" means 100 percent natural lake or river grown wild rice which was hand harvested in accordance with Minnesota Statutes, section 84.111.

Subp. 5. Improper use.

"Improper use" means unauthorized use of the labeling statement or use of the labeling statement in violation of this chapter.

Subp. 6. Processor.

"Processor" means an individual, partnership, cooperative association, or corporation that processes raw agricultural products and other food ingredients into food products or commercially slaughters or processes animals or poultry.

Subp. 7. Produced in Minnesota.

"Produced in Minnesota" means dairy animals, poultry, or other livestock that were fed in Minnesota for at least 60 days prior to milking, processing, or slaughtering, maple syrup or maple products that were collected from trees growing in Minnesota, Christmas trees, wreaths, firewood, and other products made from trees grown in Minnesota for not less than one year, fruits, vegetables, grains, or nursery crops, including but not limited to trees, shrubs, and perennials that have been grown in Minnesota for at least 90 days prior to sale, or greenhouse crops, including but not limited to annual plants that have been grown in Minnesota for at least 28 days prior to sale.

Subp. 8. Producer.

"Producer" means an individual, partnership, family farm, family farm corporation, authorized farm corporation, or cooperative association engaged in the production for sale or harvest for sale of agricultural products.

Subp. 9. Retailer.

"Retailer" means an individual, partnership, cooperative association, or corporation that purchases an agricultural product from a producer or wholesaler to sell the agricultural product to a consumer rather than to a person who will resell the product in any form.

Subp. 10. Wholesaler.

"Wholesaler" means an individual, partnership, cooperative association, corporation, business trust, or unincorporated organization that purchases an agricultural product from a producer or another wholesaler to sell or supply the agricultural product to a retailer, industrial buyer, restaurant, or institution, or to sell it on behalf of one wholesaler to another wholesaler.

History

Statutory Authority: MS s 17.102
History: 13 SR 2896; 15 SR 692; 29 SR 655; 33 SR 1747

Minn. R. 1556.0120 "minnesota Grown" and "fresh from Your Neighbor" Labeling Statements

Subpart 1. Eligible products.

The products listed in items A and B are eligible to be packaged with "Minnesota grown" and "Fresh from your neighbor" labeling statements.

A. A raw agricultural product may be identified with the labeling statements if no less than 80 percent of the agricultural product was produced in Minnesota, except wild rice and firewood may only be identified with the labeling statements if 100 percent of the product was produced in Minnesota.

B. A processed agricultural product may be identified with the labeling statements if no less than 80 percent of the featured product component was produced in Minnesota, except a product containing wild rice may only be identified with the labeling statements if 100 percent of the wild rice was produced in Minnesota and products intended for use as firewood may only be identified with the labeling statements if 100 percent of the firewood was produced in Minnesota.

Subp. 2. Use of the "Minnesota grown" and "Fresh from your neighbor" labeling statements.

A producer licensed under part 1556.0160 may use the "Minnesota grown" and "Fresh from your neighbor" labeling statements on an eligible agricultural product. A processor licensed under part 1556.0160 may use the "Minnesota grown" and "Fresh from your neighbor" labeling statements on an eligible agricultural product if it was processed or manufactured in a plant located partially or completely in Minnesota.

Subp. 3. Use by retailers and wholesalers.

A retailer or wholesaler may use the "Minnesota grown" and "Fresh from your neighbor" labeling statements without a license in order to display and advertise products that qualify for use of those statements.

Subp. 4. Appearance of labeling statement.

The labeling statement may be added to an eligible product or display in any color or color combination.

History

Statutory Authority: MS s 17.102
History: 13 SR 2896; 15 SR 692; 18 SR 580; 29 SR 655; 33 SR 1747

Minn. R. 1556.0130 [Repealed, 15 SR 692]

[Repealed, 15 SR 692]

Minn. R. 1556.0132 "hand Harvested Wild Rice" Labeling Statement

Subpart 1. Eligible products.

Agricultural products containing hand harvested wild rice may be identified with the labeling statement if all of the wild rice contained in the product was hand harvested in Minnesota.

Subp. 2. Use of the "hand harvested wild rice" labeling statement.

A producer licensed under part 1556.0160 may use the "hand harvested wild rice" labeling statement on an eligible agricultural product. A processor licensed under part 1556.0160 may use the "hand harvested wild rice" labeling statement on an eligible product if the wild rice was processed in a plant located partially or completely in Minnesota.

Subp. 3. Use by retailers and wholesalers.

A retailer or wholesaler may use the "hand harvested wild rice" labeling statement without a license in order to display and advertise eligible products.

Subp. 4. Availability and appearance of labeling statement.

The labeling statement may be added to an eligible product or display in any color or color combination.

History

Statutory Authority: MS s 17.102
History: 15 SR 692; 29 SR 655

Minn. R. 1556.0134 "cultivated Wild Rice" Labeling Statement

Subpart 1. Eligible products.

Agricultural products containing cultivated wild rice may be identified with the labeling statement if 100 percent of the wild rice contained in the product was produced in Minnesota.

Subp. 2. Use of the "cultivated wild rice" labeling statement.

A producer licensed under part 1556.0160 may use the "cultivated wild rice" labeling statement on an eligible agricultural product. A processor licensed under part 1556.0160 may use the "cultivated wild rice" labeling statement on an eligible product if the cultivated wild rice was processed in a plant located partially or completely in Minnesota.

Subp. 3. Use by retailers and wholesalers.

A retailer or wholesaler may use the "cultivated wild rice" labeling statement without a license in order to display and advertise eligible products.

Subp. 4. Appearance of labeling statement.

The labeling statement may be added to an eligible product or display in any color or color combination.

History

Statutory Authority: MS s 17.102
History: 15 SR 692; 18 SR 580; 29 SR 655

Minn. R. 1556.0140 [Repealed, 29 SR 655]

[Repealed, 29 SR 655]

Minn. R. 1556.0145 "featuring" Labeling Statement

Subpart 1. Eligible products.

The products listed in items A and B are eligible to be packaged with the "featuring" labeling statement.

A. A raw agricultural product may be identified with the labeling statement if no less than 80 percent of the agricultural product named on the labeling statement was produced in Minnesota, except wild rice and firewood may only be identified on the labeling statement if 100 percent of the wild rice was produced in Minnesota.

B. A processed agricultural product may be identified with the labeling statement if no less than 80 percent of the agricultural product named on the labeling statement was produced in Minnesota, except wild rice may only be identified on the labeling statement if 100 percent of the wild rice was produced in Minnesota and products intended for use as firewood may only be identified on the labeling statement if 100 percent of the firewood was produced in Minnesota.

Subp. 2. Use of the "featuring" labeling statement.

A producer or processor licensed under part 1556.0160 may use the "featuring" labeling statement on an eligible agricultural product.

Subp. 3. Use by retailers and wholesalers.

A retailer or wholesaler may use the "featuring" labeling statement without a license to display and advertise products that qualify for use of the labeling statement.

Subp. 4. Appearance of labeling statement.

The labeling statement may be added to an eligible product or display in any color or color combination.

History

Statutory Authority: MS s 17.102
History: 18 SR 580; 29 SR 655; 33 SR 1747

Minn. R. 1556.0150 Other Law

Compliance with this chapter does not exempt a producer, processor, retailer, or wholesaler from complying with other laws and rules relating to agricultural products and the labeling of agricultural products.

History

Statutory Authority: MS s 17.102
History: 13 SR 2896

Minn. R. 1556.0160 Licensing; Authorization

Subpart 1. Approval required.

Authorization to use labeling statements covered by this chapter is dependent upon approval by the commissioner of an application for their use, with the exception of retailers and wholesalers, who may use the labeling statements without a license in order to display and advertise products that qualify for use of the labeling statements.

Subp. 2. Application to use labeling statements.

An application to use labeling statements covered by this chapter must be made in writing, on a form provided by the department, and must reveal information considered necessary for the enforcement of the Minnesota grown marketing program.

The application form must be accompanied by a fee established in Minnesota Statutes, section 17.102. If an applicant is ineligible, the fee must be refunded. Producers and processors applying for a license to use the "Minnesota grown organic" labeling statement must also provide written evidence of current organic certification.

Subp. 3. License to use labeling statements.

An applicant who has an application approved must receive a license valid for one year, beginning January 1. Licensees shall apply for renewal of each license before the expiration date of the current license.

History

Statutory Authority: MS s 17.102
History: 13 SR 2896; 18 SR 580; 29 SR 655; 33 SR 1747

Minn. R. 1556.0165 "minnesota Grown Organic" Labeling Statement

Subpart 1. Eligible products.

The products listed in items A and B are eligible to be identified with the "Minnesota grown organic" labeling statement.

A. A raw agricultural product may be identified with the labeling statement if the product has been certified organic by a certification agency accredited by the United States Department of Agriculture and if no less than 80 percent of the agricultural product was produced in Minnesota, except wild rice and firewood may only be identified with the labeling statement if 100 percent of the product was produced in Minnesota.

B. A processed agricultural product may be identified with the labeling statement if the product has been certified organic by a certification agency accredited by the United States Department of Agriculture and if no less than 80 percent of the featured product component was produced in Minnesota, except a product containing wild rice may only be identified with the labeling statement if 100 percent of the wild rice was produced in Minnesota and products intended for use as firewood may only be identified with the labeling statement if 100 percent of the firewood was produced in Minnesota.

Subp. 2. Use of "Minnesota grown organic" labeling statement.

A producer licensed under part 1556.0160 may use the "Minnesota grown organic" labeling statement on an eligible agricultural product. A processor licensed under part 1556.0160 may use the "Minnesota grown organic" labeling statement on an eligible agricultural product if it was processed or manufactured in a plant located partially or completely in Minnesota.

Subp. 3. Use by retailers and wholesalers.

A retailer or wholesaler may use the "Minnesota grown organic" labeling statement without a license in order to display and advertise products that qualify for the use of that statement.

Subp. 4. Appearance of labeling statement.

The labeling statement may be added to an eligible product or display in any color or color combination.

History

Statutory Authority: MS s 17.102
History: 33 SR 1747

Minn. R. 1556.0170 Enforcement

The commissioner may make use of random or regular investigations or inspections to ensure the proper use of labeling statements covered by this chapter. The commissioner may investigate any use of the labeling statements if there is reason to believe improper use of a labeling statement exists. The person, firm, partnership, corporation, or association applying the labeling statement to a product must be able to supply documentation to show that the product being labeled meets eligibility requirements of the labeling program.

History

Statutory Authority: MS s 17.102
History: 13 SR 2896; 18 SR 580

Chapter 1558 GENETICALLY ENGINEERED ORGANISMS

Minn. R. 1558.0010 Scope

Subpart 1. Regulatory authority.

The Minnesota Department of Agriculture is authorized to regulate the release of agriculturally related genetically engineered organisms in Minnesota. The requirement for environmental review is subject to Minnesota Statutes, chapter 116D, and rules adopted under it. The categories of releases are as follows: releases requiring permits, notifications, and commercial use.

Subp. 2. Releases requiring permits.

All releases of agriculturally related genetically engineered organisms, pesticides, fertilizers, soil amendments, or plant amendments, that do not fall under the notification process or that have not been exempted for commercial use, require a release permit. The procedure for filing a release permit application is outlined in part 1558.0040.

Subp. 3. Notification.

Corn, soybeans, cotton, tobacco, tomato, potato, and any other plants designated by the commissioner under part 1558.0060, subpart 1, may follow the notification procedure in part 1558.0060, provided that they meet all the eligibility criteria in part 1558.0060, subpart 1, and the performance standards in part 1558.0060, subpart 2.

Subp. 4. Commercial use exemption.

Agriculturally related genetically engineered organisms, pesticides, fertilizers, soil amendments, or plant amendments that have passed the USDA procedure for delisting by petition, or similar procedures of the USDA or other federal regulatory agencies, may be considered for a commercial use exemption in Minnesota if they meet the guidelines and procedures in part 1558.0070.

History

Statutory Authority: MS s 18F.12
History: 20 SR 1037

Minn. R. 1558.0020 Definitions

Subpart 1. Scope.

The definitions in this part apply to this chapter.

Subp. 2. Agriculturally related organism.

"Agriculturally related organism" means any organism that is used in agricultural production or processing of agricultural products. It includes livestock and livestock products; dairy animals and dairy products; poultry and poultry products; domestic fur-bearing animals; animal feeds; horticultural stock; nursery stock, as detailed in Minnesota Statutes, section 18.46, subdivision 3; fruit; vegetables; forage; grain; wild rice; seeds; bees; apiary products; and products for the control or mitigation of noxious weeds. It excludes vaccines and drugs for use in humans; genetic engineering of human germ cells and human somatic cells intended for use in human gene therapy; vaccines for use in livestock, dairy animals, poultry, domestic fur-bearing animals, or private aquatic life; genetically engineered wild animals; and forestry products.

Subp. 3. Applicant.

"Applicant" means a person who files an application with the commissioner for a release permit, notification, or exemption for an agriculturally related genetically engineered organism.

Subp. 4. Application.

"Application" means the document filed by the person or persons with the commissioner for a release permit, notification, or exemption for an agriculturally related genetically engineered organism.

Subp. 5. Commissioner.

"Commissioner" means the commissioner of agriculture or an agent authorized by the commissioner.

Subp. 6. Containment facility.

"Containment facility" means a laboratory, greenhouse, building, structure, or other similar facility that complies with the most recent applicable National Institute of Health Guidelines for Research Involving Recombinant DNA Molecules which is incorporated by reference and published in the Federal Register or is certified by the USDA Animal and Plant Health Inspection Service as a containment facility. Such facilities must also be certified under part 1558.0080, subpart 1, or has been exempted by the commissioner under part 1558.0080, subpart 2.

Subp. 7. Environment.

"Environment" means the physical conditions existing in the area that may be affected by a proposed release. It includes land, air, water, minerals, flora, fauna, ambient noise, energy resources, and artifacts or natural features of historic, geologic, or aesthetic significance.

Subp. 8. Environmental assessment worksheet; EAW.

"Environmental assessment worksheet" or "EAW" means a document complying with part 4410.0200, subpart 24.

Subp. 9. Environmental impact statement; EIS.

"Environmental impact statement" or "EIS" has the meaning given in part 4410.0200, subpart 26.

Subp. 10. Environmental Quality Board; EQB.

"Environmental Quality Board" or "EQB" means the Minnesota Environmental Quality Board.

Subp. 11. Federal application.

"Federal application" means an application, notification, or petition and supporting documents submitted to any agency of the United States government for the release of a genetically engineered organism.

Subp. 12. Genetic engineering.

Genetic engineering" means the introduction of new genetic material into an organism or the regrouping of an organism's genes using techniques or technology designed by humans or any progeny containing the new genetic material or regrouping. This does not include selective breeding, hybridization, or nondirected mutagenesis.

Subp. 13. Genetically engineered organism; GEO.

"Genetically engineered organism" or "GEO" means an agriculturally related organism that has been modified directly or indirectly using genetic engineering, as defined in Minnesota Statutes, section 18F.02, subdivision 5, experimental genetically engineered pesticides, as defined in Minnesota Statutes, section 18B.01, subdivision 10b, genetically engineered fertilizer as defined in Minnesota Statutes, section 18C.005, subdivision 12b, genetically engineered plant amendments, as defined in Minnesota Statutes, section 18C.005, subdivision 12c, or genetically engineered soil amendments, as defined in Minnesota Statutes, section 18C.005, subdivision 12d.

Subp. 14. Organism.

"Organism" means an animal, plant, bacterium, cyanobacterium, fungus, protist, or virus.

Subp. 15. Release.

"Release" means the placement or use of a GEO outside a containment facility or under any other conditions not specifically determined by the commissioner to be adequate containment pursuant to part 1558.0080, subpart 1 or 2.

Subp. 16. Release permit.

"Release permit" means the terms, conditions, and authorization by the commissioner under this chapter for the release of a genetically engineered organism.

Subp. 17. Responsible person.

"Responsible person" means a person who has custody of, control of, or responsibility for an agriculturally related genetically engineered organism.

Subp. 18. Unreasonable adverse effects.

"Unreasonable adverse effects" means an unreasonable risk to humans or the environment, taking into account the environmental costs and benefits of the use of a genetically engineered organism.

Subp. 19. USDA.

"USDA" means the United States Department of Agriculture.

History

Statutory Authority: MS s 18F.12
History: 20 SR 1037

Minn. R. 1558.0030 Considerations

Subpart 1. Considerations.

In determining whether a release permit, notification, or exemption for commercial use should be issued, denied, modified, suspended, or revoked, and in specifying or modifying conditions of release, the commissioner must consider the following:

A. the familiarity and predictability of the ecologically relevant biological properties of the introduced DNA, the vector if one exists, the recipient, and the engineered organisms;

B. the history of previous environmental releases, evidence from laboratory studies, or other uses of the genetically engineered organisms;

C. the potential for the genetically engineered organism to cause any adverse effects on humans or the environment, such as:

D. the adequacy of and appropriateness of the measures, if any are needed, for confinement of the genetically engineered organism;

E. any previous risk assessments for the same or similar organisms prepared by federal or state agencies and their adequacy and relevance to the current proposal, such as consideration of the following:

F. the conclusions reached and conditions imposed by federal agencies with jurisdiction over the proposed release;

G. the conclusions reached or conditions imposed by federal or state agencies on previous releases in Minnesota or elsewhere and their adequacy and relevance to the current proposal;

H. the type, extent, and reversibility of adverse environmental effects;

I. the cumulative potential effects of related or anticipated future projects; and

J. the extent to which the environmental effects are subject to mitigation by ongoing public regulatory authority.

Subp. 2. Federal documents.

Relevant federal documents may be used to address some or all of the considerations in subpart 1.

History

Statutory Authority: MS s 18F.12
History: 20 SR 1037

Minn. R. 1558.0040 Release Permit Procedures

Subpart 1. Procedure and application.

Release permits, including EAWs prepared by the commissioner, are required from the commissioner for all releases of GEOs except those exempted under subpart 13, or those regulated under part 1558.0060, 1558.0070, or 1558.0080. The commissioner shall provide application forms.

A. Applications for release permits for GEOs must be submitted to the commissioner and must contain:

B. During the permit process, the commissioner may request additional information necessary to determine the potential for adverse effects on human health or the environment of the proposed release.

Subp. 2. Application submission.

An application must be accepted or rejected by the commissioner within 14 days of its receipt. The commissioner may reject an application if the regulation of the genetically engineered organism is not authorized under Minnesota Statutes, chapter 18B, 18C, or 18F, or if the application does not contain all the required information.

If the commissioner rejects an application, the applicant must be informed in writing of the deficiencies that exist and requirements that, if corrected, will allow acceptance of the application. The applicant may submit the additional information or withdraw the application. Acceptance of the application does not constitute issuance of the permit.

Subp. 3. Application distribution.

Within 14 days of the application acceptance, a copy of the application with not public data deleted, including the EAW prepared by the Minnesota Department of Agriculture, must be distributed to: the chair of the EQB, the Legislative Reference Library, local government units within whose boundaries the release is proposed, and any other person upon request to the commissioner. Those persons shall be added to the mailing list maintained by the commissioner of persons interested in receiving information on the release of GEOs. EAWs must be distributed according to the EQB distribution list. Not public data is available for review by any state agency according to provisions of Minnesota Statutes, section 13.05, subdivision 9, of the Minnesota Government Data Practices Act.

Subp. 4. Application review.

The application must be reviewed using an interdisciplinary approach that will ensure the integrated use of the natural and environmental sciences, including involvement of the following disciplines as appropriate: microbiology, ecology, public health, biological safety, agronomy, animal science, plant biology, risk assessment, molecular biology, biochemistry, entomology, vertebrate biology, physical and biological containment, and other appropriate disciplines. Application review must address the considerations in part 1558.0030, including federal documents, and evidence from laboratory studies and previous releases. After reviewing a completed release permit application including the EAW and comments from reviewers, the commissioner may issue a release permit for GEOs if the commissioner determines that the applicant has adequately demonstrated that the proposed release does not have the potential for unreasonable adverse effects on human health or the environment. The commissioner may deny issuance of a GEO release permit if the release of the GEO under proposed terms and conditions of the release permit may cause unreasonable adverse effects on human health or the environment.

The Board of Animal Health must be consulted during the review on permits that relate to livestock and domestic animals.

Subp. 5.

[Repealed, 27 SR 1820]

Subp. 6. Permit conditions.

The commissioner may prescribe terms and conditions such as the period for the GEO release permit, the amount or number of GEOs to be released, monitoring activities, department inspection schedules, reporting of experimental results, and experiment termination procedures. The commissioner may impose additional reasonable and appropriate release permit conditions to mitigate or minimize the adverse effects of the release on human health or the environment.

Subp. 7. Violation of the permit.

A person shall not violate terms or conditions of a permit issued under this section. The commissioner may modify, suspend, or revoke the release permit at any time if the commissioner finds that its terms or conditions are being violated or are inadequate to avoid unreasonable adverse effects on human health or the environment pursuant to Minnesota Statutes, section 18F.07, subdivision 2. If adverse effects are observed, the permit will be suspended. If adverse effects can be mitigated by modification of the conditions for release, the permit may be reinstated. Revocation shall result in termination and disposal of all GEOs if the commissioner determines that the GEOs pose a significant environmental risk. Minnesota Statutes, section 18D.301, subdivision 1, authorizes procedures and penalties as outlined in Minnesota Statutes, chapter 18D, to be applied to violations of Minnesota Statutes, chapter 18B, 18C, or 18F.

Subp. 8. Adverse effects.

It is the responsibility of the applicant to notify the commissioner of any unexpected occurrences or adverse effects within 48 hours.

Subp. 9. Application fee.

An application for a release permit for a GEO must be accompanied by a nonrefundable application fee of $125 in accordance with Minnesota Statutes, section 18F.07, subdivision 4, or $150 if an experimental use permit is required under Minnesota Statutes, section 18B.28, subdivision 4.

Subp. 10. Permit renewal.

Releases that are substantially the same as a previous release may be eligible for a permit renewal. The applicant must submit a written permit renewal request to the commissioner at least 30 days before release of the GEO. A request may be denied based on evidence of unreasonable adverse effects on human health or the environment.

Subp. 11. Release reports.

Release reports are required by the commissioner for all releases. Release reports must include:

A. the release permit identification number; and

B. methods of observation, resulting data, and analysis or observations of adverse effects on human health or the environment.

Subp. 12. Access.

Access to the release site must be allowed for state regulatory officials to inspect facilities or the field test site, or both, and any records necessary to evaluate compliance with this chapter. Records must be kept for three years. Access of regulatory officials from state agencies other than the Department of Agriculture must be coordinated through the Department of Agriculture.

Subp. 13. Partial or complete exemptions.

Partial or complete exemptions from the permit procedures may be given by the commissioner based on the considerations in part 1558.0030 and adequacy of alternative oversight as it relates to those considerations.

A. The applicant may file a written request to the commissioner for the exemption of an individual release or for a class of releases. The request must include a copy of the federal application or documentation and the information necessary to determine if there is a potential for adverse effects on humans or the environment. The determination must be based on the considerations in part 1558.0030 and the adequacy of alternative oversight as it relates to those considerations. The commissioner shall make a determination within 30 days of the receipt of the exemption request and documentation. Class exemptions may be initiated by the commissioner.

B. There will be public notice of the request in the first available EQB Monitor and a 30-day public comment period for class exemptions. The determination must be based on the considerations in part 1558.0030, the adequacy of alternative oversight as it relates to those considerations, and review of comments.

History

Statutory Authority: MS s 18F.12
History: 20 SR 1037; 27 SR 1820

Minn. R. 1558.0050 Environmental Assessment Worksheets

Subpart 1. Reason for EAWs.

EAWs are prepared by the Minnesota Department of Agriculture as part of the release permit application in part 1558.0040. EAWs are designed to look at environmental effects associated with a proposed release. The EAW findings are used to determine if an EIS is needed, if the permit should be granted, and if any permit conditions are needed to mitigate or lower risks that have been identified by the EAW. The EAW must be written in plain and objective language and include a clear presentation of the proposed release and issues of concern. Information for EAWs must be submitted by the applicant on forms provided by the department as part of the permit application. The EAW, which is prepared by the department using information from the applicant and other sources, is intended to be a summary of the considerations in part 1558.0030 as they relate to the proposed release; however, supporting documents must be referenced and available upon request.

Subp. 2. EAW considerations.

The applicant for a release permit must provide information addressing the considerations in part 1558.0030, subpart 1, so that a draft EAW can be prepared for any proposed release requiring an EAW. Federal documents may be used to address the considerations.

Subp. 3. EAW review.

The EAW must be reviewed using an interdisciplinary approach that will ensure the integrated use of the natural and environmental sciences, including involvement of the following disciplines as appropriate: microbiology, ecology, public health, biological safety, agronomy, animal science, plant biology, risk assessment, molecular biology, biochemistry, entomology, vertebrate biology, physical and biological containment, and other appropriate disciplines. The notice of availability of the EAW and a 30-day public comment period must be published in the first available EQB Monitor.

Subp. 4. EAW findings.

The commissioner shall issue findings of fact based on the EAW. The findings must determine if there is a potential for significant environmental effects. If there is a potential for significant environmental effects, an EIS must be prepared, and no permit may be issued until after preparation of an EIS. If there is a finding of no potential for significant environmental effects, and the commissioner chooses to decide on the permit application at this stage, the commissioner must base the decision to grant or deny the permit or impose conditions on granting a permit on the findings made under this part.

Subp. 5. EIS preparation and review.

An EIS, if required, must be written and reviewed under the procedures in parts 4410.2000 to 4410.2300.

History

Statutory Authority: MS s 18F.12
History: 20 SR 1037

Minn. R. 1558.0060 Notification Procedures for Certain Genetically Engineered Plants

Subpart 1. Genetically engineered plants eligible for release under the notification procedure.

In accordance with Minnesota Statutes, section 116C.98, genetically engineered plants that meet the eligibility criteria of items A to F and whose release meets the performance standards in subpart 2 are eligible for release under the notification procedure of subpart 3.

A. The genetically engineered plant is:

B. The genetically engineered material is stably integrated into the plant genome.

C. The function of the genetically engineered material is known and its expression in the genetically engineered organism does not result in disease.

D. The genetically engineered material does not:

E. To ensure that the introduced genetic sequences do not pose a significant risk of the creation of any new plant viruses they must be:

F. The plant has not been modified to contain the following genetic material from animal or human pathogens:

Subp. 2. Performance standards for release under the notification procedure.

A. The performance standards in this subpart must be met for any releases under the notification procedure.

B. If the genetically engineered plants or plant materials are shipped, they must be shipped in such a way that the viable plant material is unlikely to be disseminated while in transit and must be maintained at the facility in such a way that there is no release into the environment.

C. The genetically engineered plants must be planted in such a way that they are not inadvertently mixed with nonregulated plant materials of any species which are not part of the release.

D. The plants and plant parts must be maintained in such a way that the identity of the material is known while it is in use, and the plant parts must be contained or devitalized when no longer in use.

E. There must be no viable vector agent associated with the genetically engineered plants.

F. The field trial must be conducted so that:

G. Upon termination of the field test:

Subp. 3. Notification procedure.

Notification must be directed to the commissioner, including the following:

A. the name, title, address, telephone number, and signature of the responsible person;

B. information necessary to identify the genetically engineered plant or plants, including:

C. the names and locations of the origination and destination facilities for movement or the field site location for the environmental release, and the size of the use;

D. the expected date of release and the expected duration of the release; and

E. a statement that certifies that the use of the genetically engineered organism will comply with this chapter.

Subp. 4. Federal notification as application.

A copy of the federal notification information including all confidential business information necessary to determine that the guidelines are met by the applicant as well as complete site identification may be used as the application.

Subp. 5. Notification before release.

Notification must be submitted at least 30 days before the day of use.

Subp. 6. Release reports.

Release reports, if required by the commissioner, must include:

A. the release number;

B. methods of observation, resulting data, and analysis regarding all deleterious effects on plants, nontarget organisms, or the environment; and

C. any other available information requested by the commissioner regarding the impact of the genetically engineered organism on human health or the environment.

Subp. 7. Unexpected occurrences.

The commissioner must be notified of any unexpected occurrences relating to the release within 48 hours.

Subp. 8. Access.

Access must be allowed for state regulatory officials to inspect facilities or the field test site, or both, and any records necessary to evaluate compliance with the provisions of subparts 1 to 6. Access of regulatory officials from state agencies other than the Department of Agriculture must be coordinated through the department.

Subp. 9. Administrative action in response to notification.

A. The commissioner shall publish notice of the proposed release at the earliest opportunity in the EQB Monitor and shall mail notice to the chair of the county board of the county and the tribal council of any reservation within which the release will take place.

B. The commissioner shall grant or deny permission to release the noticed genetically engineered plant within 30 days of the receipt of the notification.

C. A person denied permission for use of a genetically engineered plant under notification may apply for a permit for release of that genetically engineered plant without prejudice.

D. The commissioner shall notify the chair of the Environmental Quality Board of any unexpected occurrences relating to the release.

E. The commissioner has the right to rescind any notifications if there is evidence of unreasonable adverse effects on human health or the environment.

History

Statutory Authority: MS s 18F.12
History: 20 SR 1037

Minn. R. 1558.0070 Commercial Use Exemption

Subpart 1. Commercial use.

Any GEO that has passed the USDA procedure for delisting by petition, or similar procedures of the USDA or other federal regulatory agencies, may be considered for a commercial use exemption. Releases where the primary goal is experimental or developmental do not fall in this category.

Subp. 2. Procedures.

Granting of exemptions must be based on federal delisting or deregulation, experience from past releases, and the considerations in part 1558.0030, subpart 1. GEOs that have a commercial use exemption need not obtain a release permit.

A. An applicant must submit any federal documents needed to address the considerations in part 1558.0030, subpart 1.

B. Supplemental notice of Federal Register items regarding delisting or deregulation of agriculturally related GEOs must be published in the EQB Monitor and sent to the Minnesota Department of Agriculture GEO mailing list. The Minnesota Department of Agriculture shall accept comments during the federal comment period. Notice of the exemption of GEOs to allow for commercial use must be published in the EQB Monitor at least 30 days prior to commercial use.

C. The commissioner may require additional use conditions or marketing limits to mitigate or lower risk for adverse effects on humans or the environment resulting from commercial use of a GEO.

D. The commissioner may allow an exemption from item A, B, or C for commercial use of individual GEOs or classes of GEOs based on a history of past releases. There will be public notice in the first available EQB Monitor for individual exemptions. For class exemptions there must be a 30-day public comment period.

E. The commissioner may reject an application for a GEO commercial use exemption based on adverse effects on humans or the environment.

F. The commissioner may modify, suspend, or revoke the commercial use exemption should any evidence of unreasonable adverse effects on human health or the environment be observed.

History

Statutory Authority: MS s 18F.12
History: 20 SR 1037

Minn. R. 1558.0080 Uses Not Requiring a Release Permit, Notification, or Commercial Use Exemption

Subpart 1. Containment facility.

The use of a GEO in a containment facility is not a release and does not require a release permit. A containment facility must meet applicable guidelines of the National Institute of Health Guidelines for Research Involving Genetically Engineered Organisms or USDA Animal and Plant Health Inspection Service Standard and Supplemental Conditions for Containment of Plant Pests Under Permit as certified by the commissioner. The commissioner retains the right to inspect facilities to ensure compliance.

Subp. 2. Facility exemption.

The use of a GEO in a facility that does not meet the requirements of a containment facility, but has been found by the commissioner to provide adequate containment, to prevent unreasonable risk of release into the environment for the specific use proposed, is not a release and does not require a release permit. The commissioner retains the right to inspect facilities to ensure compliance.

Subp. 3. Movement of GEOs.

GEOs must be moved is such a way that the viable organism is unlikely to be disseminated in transit and it must be maintained at the destination facility in such a way that there is no release into the environment. All GEOs must be clearly labeled. Movement of GEOs does not require a permit but must comply with items A and B.

A. Interstate movement of GEOs is governed by the most recent NIH shipment guidelines, which are incorporated by reference and published in the Federal Register, with state concurrence. The commissioner retains the right to inspect facilities to ensure compliance or otherwise modify the movement permit issued by the federal agency to ensure proper containment.

B. Intrastate movement of GEOs requires notification to the commissioner of the intent to move the GEOs and adherence to NIH shipment guidelines. The commissioner retains the right to inspect facilities to ensure compliance or otherwise modify the movement permit to ensure proper containment.

History

Statutory Authority: MS s 18F.12
History: 20 SR 1037

Minn. R. 1558.0090 Concurrent Review

Multiple permits are not required under this chapter. The commissioner shall review permit requirements concurrently if more than one permit is required from the commissioner under this chapter or Minnesota Statutes, chapter 18B, 18C, or 18F. GEOs requiring a permit under Minnesota Statutes, chapter 18F, are exempt from obtaining a permit under Minnesota Statutes, chapter 18B or 18C, but are not exempt from the requirements of those permits if they are different than Minnesota Statutes, chapter 18F. The additional information must be submitted with the application for a release permit, notification, or exemption under Minnesota Statutes, chapter 18F. Only one permitting fee may be charged under this chapter.

History

Statutory Authority: MS s 18F.12
History: 20 SR 1037

[Repealed, L 2005 c 92 s 11]

Minn. R. 1560.8800 [Repealed, L 2005 c 92 s 11]

[Repealed, L 2005 c 92 s 11]

Minn. R. 1560.9000 Repealed by subpart

Subpart 1.

[Repealed, 23 SR 519]

Subp. 2.

[Repealed, L 2001 1Sp2 s 162]

Chapter 1562 BUYING AND STORING OF GRAIN

Minn. R. 1562.0100 Definitions

Subpart 1. Scope.

For the purposes of this chapter, the terms defined in this part have the meanings given them.

Subp. 2. Bond.

"Bond" means an obligation acceptable to and running to the state, as obligee, for the purpose of:

A. indemnifying producers of grain against the breach of a cash sale contract by a grain buyer licensed under Minnesota Statutes, chapter 223; or

B. indemnifying depositors of grain against the breach of a grain storage contract by a public grain warehouse operator licensed under Minnesota Statutes, chapter 232.

Subp. 3.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 4.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 5.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 6.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 7.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 8.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 9.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 10.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 11.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 12.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 13.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 14.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 15.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 16.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 17.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 18.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 19.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 20.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 21.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 22.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 23.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 24.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 25.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 26. Warehouse.

"Warehouse" means all or a portion of a building, structure, or other protected enclosure in which grain is or may be stored.

History

Statutory Authority: MS s 14.3895; 16A.128; 223.19; 232.22; 232.24; 236.08
History: 12 SR 2392; 14 SR 2583; L 2012 c 244 art 1 s 83; 43 SR 1407; 43 SR 1494

Minn. R. 1562.0200 [Repealed, L 2012 c 244 art 1 s 83]

[Repealed, L 2012 c 244 art 1 s 83]

Minn. R. 1562.0300 [Repealed, 43 SR 1407; 43 SR 1494]

[Repealed, 43 SR 1407; 43 SR 1494]

Minn. R. 1562.0400 [Repealed, L 2012 c 244 art 1 s 83]

[Repealed, L 2012 c 244 art 1 s 83]

Minn. R. 1562.0500 Grain Storage License Requirements

Subpart 1. Place of business.

A public grain warehouse operator must have a permanent established place of business at each licensed location where the books, records, and files necessary to conduct the business are kept and maintained, and where the license and tariff are posted in a conspicuous place.

Subp. 2. Warehouse equipment.

Each licensed location must include a warehouse that is equipped for the weighing, drying, grading, storing, handling, processing, and shipping of grain.

Subp. 3. Multiple warehouse license.

Grain warehouses located within the same home rule charter or statutory city or town and operated by the same person may be included under the same license.

Subp. 4. Inspection; approval.

A grain warehouse must be inspected and approved by the commissioner before a license is issued and grain is stored.

Subp. 5. Cleanliness.

A grain warehouse must be kept reasonably clean of dust, rubbish, and materials that might increase the fire hazard or interfere with the handling of grain.

Subp. 6. Grain quality.

Grain must be maintained in good quality condition at all times and be kept free of rodents, insects, birds, and contaminants harmful to the quality of the grain.

Subp. 7. Records and accounts.

A person licensed to store grain shall maintain a daily position record of each kind of grain stored in the warehouse including warehouse owned cash grain, grain priced but not paid, and grain bought but not priced.

History

Statutory Authority: MS s 16A.128; 223.19; 232.22; 232.24; 236.08
History: 12 SR 2392

Minn. R. 1562.0600 Licensing of Leased Facilities

A person shall obtain a grain buyer's license or storage license for each grain warehouse leased, except that all grain warehouses located within the same home rule charter or statutory city or town and leased and operated by the same person may be covered by a single license. A person may not lease storage space that is licensed and operated by another person licensed to buy or store grain.

A warehouse must be under the control of the licensed warehouse operator leasing the warehouse.

All grain or commodities stored in a leased warehouse must be covered under the licensee's storage bond and must be included under the licensee's insurance policy, as required by Minnesota Statutes, section 232.23, subdivision 16.

History

Statutory Authority: MS s 16A.128; 223.19; 232.22; 232.24; 236.08
History: 12 SR 2392

Minn. R. 1562.0700 Repealed by subpart

Subpart 1.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 1a.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 1b.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 2.

[Repealed, 33 SR 8; L 2012 c 244 art 1 s 83]

Subp. 3.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 4.

[Repealed, L 2012 c 244 art 1 s 83]

Subp. 5.

[Repealed, L 2012 c 244 art 1 s 83]

Minn. R. 1562.0800 Repealed by subpart

Subpart 1.

[Repealed, 21 SR 1855]

Subp. 2.

[Repealed, 33 SR 8]

Subp. 3.

[Repealed, 33 SR 8]

Minn. R. 1562.0900 [Repealed, L 2012 c 244 art 1 s 83]

[Repealed, L 2012 c 244 art 1 s 83]

Minn. R. 1562.1000 Voluntary Extension of Credit Contract

Subpart 1. Form.

A voluntary extension of credit contract must include a statement of the legal and financial responsibilities of the grain buyer and seller and the following statement in not less than ten point, all capital type, framed in a box with space provided for the seller's signature:

If a written contract is provided at the time the grain is delivered to the grain buyer, the seller shall sign the contract in the space provided directly beneath the statement. If the seller does not sign the contract at the time of delivery, then the buyer shall send the contract to the seller by certified mail, return receipt requested, to be signed. All contracts must be put in writing.

Subp. 2. Requirements.

Voluntary extension of credit contracts must be consecutively prenumbered.

Subp. 3. Not a storage agreement.

A contract sale of grain is not a storage agreement. The title to grain delivered on a voluntary extension of credit contract transfers to the grain buyer upon delivery, and no storage charges may be charged with respect to that grain. A voluntary extension of credit contract sale of grain is not covered by either the grain storage bond or the grain buyer's bond.

History

Statutory Authority: MS s 16A.128; 223.19; 232.22; 232.24; 236.08
History: 12 SR 2392

Minn. R. 1562.1100 Warehouse Examinations

Subpart 1.

[Repealed, 46 SR 1308]

Subp. 2.

[Repealed, 46 SR 1308]

Subp. 3.

[Repealed, 46 SR 1308]

Subp. 4. Warehouses with a Commodity Credit Corporation storage agreement.

At the request of Commodity Credit Corporation, the commissioner shall perform warehouse examinations at warehouses with a uniform grain storage agreement. The results of these examinations must be forwarded to Commodity Credit Corporation.

Subp. 5. Required information; form.

A grain inventory examination must include the following information:

History

Statutory Authority: MS s 14.3895; 16A.128; 223.19; 232.22; 232.24; 236.08
History: 12 SR 2392; 46 SR 1308

Minn. R. 1562.1200 Grain Purchase Receipt

An independent grain buyer, upon purchasing grain, shall issue a grain purchase receipt. A duplicate copy of each grain purchase receipt must remain in the possession of the independent grain buyer as a permanent record. The original grain purchase receipt must be delivered to the seller upon receipt of each load of grain.

The grain purchase receipt must state specifically whether the grain was sold on contract or for cash and the price at which the grain was sold. For contract purchases, if the price is not determined at the time of delivery, then the grain purchase receipt must be marked "price later."

All grain purchase receipts must be consecutively prenumbered and must contain the following information:

A. the name and address of the grain buyer;

B. the name of the seller;

C. the location and date of the transaction;

D. the weight or volume and kind of grain; and

E. the signature of the grain buyer. For the sale of grain designated "contract" on the grain purchase receipt, the grain buyer must put the terms of the contract in writing as required by Minnesota Statutes, section 223.177, subdivision 3. The term "contract" signifies any form of sale except a cash sale. A contract sale of grain is not covered by the grain buyer's bond.

History

Statutory Authority: MS s 16A.128; 223.19; 232.22; 232.24; 236.08
History: 12 SR 2392

Minn. R. 1562.1300 [Repealed, L 2012 c 244 art 1 s 83]

[Repealed, L 2012 c 244 art 1 s 83]

Minn. R. 1562.1400 Determination of Grade

If the grade of grain is established at the time of delivery to a warehouse, it must be recorded on the original and duplicate copy of the scale ticket. If the grade is not established at the time of delivery, the grade and factors that relate to the grade must be recorded on the duplicate copy of the scale ticket retained by the grain warehouse operator. The depositor or seller must be notified of the grade within 48 hours after the grade has been determined.

History

Statutory Authority: MS s 16A.128; 223.19; 232.22; 232.24; 236.08
History: 12 SR 2392

Minn. R. 1562.1500 Warehouse Receipt

If grain is received for storage, the grain warehouse operator shall issue a grain warehouse receipt to the depositor within five working days of the date of deposit.

Storage contracts on grain being stored end on the expiration date of the storage license if not ended earlier by the depositor. In the absence of a demand for delivery, order to sell, or notice by the grain warehouse operator, it is presumed that the parties intended to renew the storage contract for the next licensing year.

History

Statutory Authority: MS s 16A.128; 223.19; 232.22; 232.24; 236.08
History: 12 SR 2392

Minn. R. 1562.1600 Charges; Rates

Subpart 1. Filing of rates for storing and handling grain.

A person licensed to store grain shall file with the commissioner a tariff or schedule of all charges relating to the storage of grain including charges for receiving, storing, redelivery, and handling on forms provided by the commissioner.

Subp. 2. Posting of charges.

Every warehouse operator shall post conspicuously in the warehouse, at each licensed location, a statement of all charges relating to the storage of grain.

Subp. 3. Charges to depositor.

No charge different from that filed with the commissioner and posted may be made to any depositor for the same service.

All depositors must be notified of any changes in the tariff or schedule of charges prior to their implementation. A conspicuous posting of the revised tariff in the warehouse, plainly visible to all customers, qualifies as notification to depositors.

History

Statutory Authority: MS s 16A.128; 223.19; 232.22; 232.24; 236.08
History: 12 SR 2392

Minn. R. 1562.1700 Claims Against a Bond

Subpart 1. Filing a claim.

Claims against a bond may be filed by the persons indicated in this subpart.

A. A producer claiming to be damaged by the breach of an agreement to purchase grain according to the terms of a cash sale must file a claim with the commissioner within 180 days of the date of breach.

B. A depositor claiming to be damaged by the breach of an agreement to store grain, including an agreement to sell grain which was originally delivered for storage, must file a claim with the commissioner within 180 days of the date of breach.

Subp. 2. Form of claim.

All claims must be in writing, must state the facts upon which the claim is based, must include any supporting evidence, and must be signed by the claimant. The supporting evidence may consist of, but is not limited to, a purchase agreement, a scale ticket, a grain purchase receipt, a check indicating insufficient funds, a warehouse receipt, or an assembly sheet.

Subp. 3. Where to file.

All claims must be filed at the following address: Minnesota Department of Agriculture, Grain Licensing, 625 Robert Street North, Saint Paul, Minnesota 55155-2538.

Subp. 4. Bond limitations.

The bonds are not cumulative from one year to the next. A claim against the bond may only be made against the bond in effect at the time the agreement is breached. A bond is not liable for claims filed after 180 days from the date of breach of the bond.

Subp. 5. Public notice of a claim.

Upon determining that a producer or depositor has filed a valid claim, the commissioner shall publish notice of the claim in the official county newspaper of the county in which the licensee's place of business is located.

The notice must state that a claim against the bond of a licensee has been filed with the commissioner, the name and address of the licensee, that any additional claims should be filed with the commissioner, the bond disbursement date, and where the claims should be filed.

The public notice of the claim must appear for three consecutive days in newspapers with a daily circulation and for two consecutive publications in newspapers published less than daily.

Subp. 6.

[Repealed, 43 SR 1407; 43 SR 1494]

History

Statutory Authority: MS s 16A.128; 223.19; 232.22; 232.24; 236.08
History: 12 SR 2392

Minn. R. 1562.1800 [Repealed, L 2012 c 244 art 1 s 83]

[Repealed, L 2012 c 244 art 1 s 83]

Minn. R. 1562.1900 Lost, Stolen, or Destroyed Warehouse Receipts

While a warehouse receipt is outstanding, no other warehouse receipt may be issued for any part of the grain represented by the original warehouse receipt except that, in case of a lost, stolen, or destroyed warehouse receipt, the depositor is entitled to a new warehouse receipt, plainly designated to be a duplicate or substitute for the one missing or destroyed indicating the dates of issuance of the original and the replacement warehouse receipts. Before issuing a duplicate warehouse receipt the warehouse operator shall require the depositor to make and file an affidavit stating that the depositor is lawfully entitled to possession of the original receipt and that the depositor has not negotiated or assigned it, the circumstances in which it was lost or destroyed, and that, if lost, a diligent effort has been made to find it. The warehouse operator may require the depositor to post a bond in an amount not more than double the value at the time the bond is given of the grain represented by the missing or destroyed warehouse receipt. The bond must be conditioned to indemnify the warehouse operator against any loss which might be sustained because of the issuance of a duplicate receipt, must be in a form approved by the commissioner, and must be executed by a corporate surety licensed to operate in Minnesota. A valid duplicate or substitute warehouse receipt has all the rights of the document in lieu of which it was issued.

History

Statutory Authority: MS s 16A.128; 223.19; 232.22; 232.24; 236.08
History: 12 SR 2392

Minn. R. 1562.2000 Shortages of Grain

Whenever it appears that a warehouse operator does not have on hand grain of sufficient quality and quantity to cover the outstanding warehouse receipt obligations, notice must be given by the commissioner to the warehouse operator requiring that the shortage be corrected immediately. If the warehouse operator fails to comply with that order and the commissioner determines that the interests of depositors may be threatened, then the commissioner shall seal the warehouse to prevent any further removal of grain until the shortage is corrected.

If it appears that the warehouse operator is in default to warehouse receipt holders and unable to correct the default within a reasonable time the commissioner shall make arrangements to protect the warehouse receipt holders by either redelivering the grain, on a pro rata basis, to each warehouse receipt holder of record or liquidating the grain inventory, depositing the proceeds in an interest bearing trust account, and distributing the proceeds, on a pro rata basis, to each warehouse receipt holder of record. The proceeds must remain in the trust account until the bond disbursement date, if applicable. Valid claims by warehouse receipt holders in excess of the amount in the trust account will be applied against the storage bond. The warehouse operator, the operator's surety, and each warehouse receipt holder of record must be notified of the shortage and the proposed action to be taken by the commissioner to protect warehouse receipt holders. Notice must be mailed to each warehouse receipt holder's last known address as evidenced by the records of the warehouse operator.

If any interested party files a written objection to the department's proposed action within ten days of receipt of the commissioner's notice, the commissioner shall apply to the district court for the appointment of a trustee or receiver to manage and supervise the operations of the grain warehouse operator in default.

An audit or other investigation of the affairs of the warehouse operator must be made by the commissioner for the purpose of determining the amount of the shortage and computing the loss sustained by each depositor.

History

Statutory Authority: MS s 16A.128; 223.19; 232.22; 232.24; 236.08
History: 12 SR 2392

Minn. R. 1562.2100 Movement of Encumbered Grain

Grain encumbered by a warehouse receipt may be moved to another public grain warehouse with the depositor's request, pursuant to Minnesota Statutes, section 232.23, subdivision 13. The original warehouse receipt must be canceled and the receiving public grain warehouse operator must issue a currently dated warehouse receipt for the grain being moved and stored. All storage charges must be paid through the date of cancellation of the original warehouse receipt.

History

Statutory Authority: MS s 16A.128; 223.19; 232.22; 232.24; 236.08
History: 12 SR 2392

Minn. R. 1562.2200 Termination of License; Change of Ownership

When a license is terminated by reason of sale, discontinuance of business, failure to renew a license, or for any other reason, the grain buyer or warehouse operator must discontinue buying grain from producers or storing grain, and redeliver or purchase all grain belonging to others in the warehouse. If a licensee sells or leases a grain warehouse to another person, proper indemnity must be provided to all depositors. Agreement in writing by the warehouse operator's successor to assume liability for all warehouse receipts outstanding at the time of take over and reissuance of warehouse receipts by the successor constitutes sufficient indemnity. The commissioner must be notified of a change in ownership so that a new license and bond may be issued.

History

Statutory Authority: MS s 16A.128; 223.19; 232.22; 232.24; 236.08
History: 12 SR 2392

Chapter 1565 HEMP

This chapter is prescribed by the commissioner pursuant to Minnesota Statutes, sections 17.54, subdivision 4, 17.58, subdivision 4, and 17.63, to provide for the organization and meetings of commodity councils, to provide general voting procedures for elections, and to provide for the administration of promotional orders.

History

Statutory Authority: MS s 17.54; 17.58; 17.63
History: 34 SR 1327

Minn. R. 1570.0200 Definitions

Subpart 1. Scope.

For the purposes of this chapter, the terms defined in this chapter have the meanings given them, and the terms "agricultural commodity," "cooperative," "council," "first handler," "first purchaser," "marketing year," "participating producer," and "promotional order" have the meanings given them in Minnesota Statutes, section 17.53.

Subp. 2. Check-off fee.

"Check-off fee" means the amount set by the council and stated in the promotional order that each participating producer must pay to finance the activities proposed in the promotional order.

Subp. 3. Chief administrative officer.

"Chief administrative officer" means the individual employed by the council to perform duties prescribed by the council. "Chief administrative officer" means the same as "executive director," "executive secretary," and "manager" where they appear in promotional orders.

Subp. 3a. Commissioner.

"Commissioner" means the commissioner of agriculture or the commissioner's designee.

Subp. 4. Compliance list.

"Compliance list" means a list of the names of the first handlers or first purchasers of an agricultural commodity under a promotional order who have paid check-off fees to the council within the time prescribed by the council for their payment.

Subp. 5. Designated voter.

"Designated voter" means a family member who has a written authorization from an individual participating producer who is a qualified voter to vote in the individual participating producer's stead at the time and in the place where the election or referendum is being held.

Subp. 6. Election.

"Election" means a vote of the participating producers of any commodity to create a first council, select members of subsequent councils, or decide a referendum.

Subp. 7. Fiduciary.

"Fiduciary" means any estate, trust, conservatorship, or guardianship organized or recognized under Minnesota law.

Subp. 8. Noncompliance list.

"Noncompliance list" means a compilation of the names of the first handlers or first purchasers of an agricultural commodity under a promotional order who have not paid check-off fees to the council within the time prescribed by the council for the payment.

Subp. 9. Organized area.

"Organized area" means the area determined in accordance with Minnesota Statutes, section 17.54, subdivision 3, or areas defined elsewhere in Minnesota law for the purposes of Minnesota Statutes, sections 17.51 to 17.69.

Subp. 10. Petitioners.

"Petitioners" means a group of producers who request either the creation of the first council or a referendum at any time during a promotional order by submitting a petition signed by 1,000 producers or 15 percent of the producers to be covered by a promotional order, whichever is less, in accordance with Minnesota Statutes, section 17.54, subdivision 1.

Subp. 11. Producer certification.

"Producer certification" means a document qualified voters must sign which affirms that they are producers of the particular agricultural commodity for which an election is being held, that they meet the qualifications for a producer set forth in the promotional order, and that they are casting only one vote each in the election.

Subp. 12. Proof of paid check-off fee.

"Proof of paid check-off fee" means a check stub, a sales invoice, a photostatic copy of a check stub or sales invoice, or a statement on the first purchaser's or first handler's letterhead stationery signed by an officer or responsible representative of the first purchaser or first handler submitted as evidence of a producer's payment of a check-off fee to a first purchaser or first handler. Any proof of paid check-off fee must have a date on it.

Subp. 13. Qualified voter.

"Qualified voter" means a person who meets the requirements in Minnesota Statutes, section 17.53, subdivision 16, and part 1570.0800, subparts 1 to 3.

Subp. 14. Referendum.

"Referendum" means an election held to begin, continue, suspend, amend, or terminate a promotional order, or an election held to increase or decrease the amount of check-off fees under the promotional order.

History

Statutory Authority: MS s 17.54; 17.58; 17.63
History: 27 SR 377; 34 SR 1327

Minn. R. 1570.0300 Creation of a Council

Upon receipt of a petition to create a council developed in accordance with Minnesota Statutes, section 17.54, subdivision 1, the commissioner shall take the following actions:

A. determine the size of the council and the distribution of council membership in consultation with the petitioners;

B. appoint a nominating committee to nominate producer candidates for council positions in accordance with Minnesota Statutes, section 17.54, subdivision 3;

C. conduct an election to select the first council in accordance with part 1570.0700, subpart 1; and

D. determine by lot the term of office for each of the council positions in accordance with Minnesota Statutes, section 17.54, subdivision 5.

History

Statutory Authority: MS s 17.54; 17.58; 17.63

Minn. R. 1570.0400 Officers and Executive Committee

Each council shall elect from its own membership a chair, vice-chair, secretary, and other officers deemed appropriate by the council. An executive committee of no more than five members, including the officers, may also be elected by the council. The council officers and executive committee members shall have the powers and fulfill the duties in part 1570.0500 or delegate them to a chief administrative officer.

History

Statutory Authority: MS s 17.54; 17.58; 17.63
History: 17 SR 1279

Minn. R. 1570.0500 Powers and Duties of Council

Subpart 1. Meetings.

The council shall convene and conduct meetings in accordance with part 1570.0600.

Subp. 2. Promotional orders.

The council shall participate in the formulation and administration of promotional orders in accordance with part 1570.0900.

Subp. 3. Chief administrative officer.

With the approval of the commissioner, the council shall appoint, employ, discharge, fix compensation for, and prescribe the duties of the first chief administrative officer of the council. Subsequent chief administrative officers and all other personnel employed do not require the commissioner's approval. The council and commissioner shall determine the amount of bond required for all individuals on the council and all individuals employed by the council who control, handle, expend, or deposit check-off fees or other funds, including those individuals authorized to sign checks.

Subp. 4. Other actions.

The council shall take the actions listed in items A and B:

A. The council shall prepare an annual estimated budget for the operation of the promotional order and submit it to the commissioner within 30 days of the first day of the fiscal year unless the promotional order directs otherwise. Budgets may be revised during the fiscal year. If they are, the commissioner must be notified within 20 days of the revision. Minutes of the council meeting, documenting the changes and the reasons for them, shall constitute notification to the commissioner. Budgets or budget revisions may be prepared on forms provided by the commissioner or on similar forms.

B. The council shall consult with banks where funds are deposited regarding check signing procedures. No more than four authorized signatures of council members, the chief administrative officer, or council employees may be provided to the bank, two of which must appear on all checks except refund checks. Refund checks require only one signature, which may be any one of the four authorized.

Subp. 5. Petty cash.

A council may establish a petty cash account after a favorable vote by a majority of the council members, provided that the use of these funds is consistent with the purposes of Minnesota Statutes, sections 17.51 to 17.69, and this chapter. The bond for the council and its staff must be sufficient to cover the amounts in any petty cash accounts created pursuant to this subpart.

Subp. 6. Records.

The council shall keep a record of the following materials and shall make reasonable arrangements for the time and place of inspection of the records by the public:

A. the council's annual budgets and financial statements;

B. annual reports on promotional order programs of the previous marketing year required under Minnesota Statutes, section 17.57, subdivision 3;

C. minutes of all council and executive committee meetings documenting all actions;

D. noncompliance lists related to the promotional order, which must be submitted to the commissioner on a semiannual basis;

E. information and data collected for the proper administration of promotional orders in accordance with Minnesota Statutes, section 17.57, subdivision 4; and

F. any other information deemed by the commissioner or council to be reasonably related to the organization of the council or to the administration of its promotional order.

Subp. 7. Donations.

The council may receive any donations from public or private sources for the purposes of Minnesota Statutes, sections 17.51 to 17.69, or this chapter.

Subp. 8. Executive committee.

The council may authorize the executive committee to meet as needed to handle any matter prescribed by the council. At a regularly scheduled meeting of the council, any council member may inquire into the actions taken by the executive committee. Minutes of the executive committee meetings shall be sent to all council members, the commissioner, and the commissioner's designee in accordance with part 1570.0600, subpart 5.

Subp. 9. Audits.

A. For councils that gross less than $150,000 annually, every third audit must be an audit of financial statements and a compliance audit.

B. For the other two years, a financial review must be conducted as prescribed by the most current edition of the Financial Accounting Standards Board's Current Text, which is incorporated by reference, subject to frequent change, and located at the State Law Library and on the Internet at http://www.fasb.org/st/.

History

Statutory Authority: MS s 17.54; 17.58; 17.63
History: 18 SR 2277; 27 SR 377; 34 SR 1327

Minn. R. 1570.0600 Council Meetings

Subpart 1. Notice.

The chief administrative officer shall arrange dates and physical facilities for meetings of the council and executive committee after consultation with the council chair or vice-chair and the commissioner. The chief administrative officer shall also send written notice by U.S. mail, fax, or email of the time and place of the meeting to all council members, the commissioner, and the commissioner's designee at least seven days in advance of council meetings.

Subp. 2. Agenda.

An agenda for each council meeting shall be formulated by the chief administrative officer in consultation with the council chair or vice-chair and shall be mailed with the meeting notice. Additional items may be included by council members or the commissioner at the time of the meeting.

Subp. 3. Frequency and location of council and executive committee meetings.

The council shall meet at least four times annually in a location that is reasonably accessible to all council members. Telephone and video conferencing are permitted and may replace actual meetings. The executive committee shall meet as frequently as authorized by the council in a location that is reasonably accessible to all executive committee members. Telephone and video conferencing may be held in lieu of actual meetings.

Subp. 4. Quorum.

A majority of the members of a council constitutes a quorum for the transaction of all business in carrying out council duties.

Subp. 5. Minutes.

All actions and decisions taken at meetings of the council and the executive committee must be documented in the minutes. At least one copy of the minutes signed by the presiding officer and the secretary must be kept in the council's permanent file. Copies of minutes must be sent to all council members and submitted to the commissioner and to the commissioner's designee within 30 days of the date of each meeting.

History

Statutory Authority: MS s 17.54; 17.58; 17.63
History: 17 SR 1279; 27 SR 377; 34 SR 1327

Minn. R. 1570.0700 Elections

Subpart 1. Election of first council.

The procedures in items A to C must be followed in electing the first council:

A. Upon receipt of nominations for council offices, the commissioner shall promptly arrange for an election, designate polling places reasonably convenient for the producers of the particular agricultural commodity, and provide notice via press release of the election to all media having a general circulation in the organized area.

B. The commissioner shall make available ballots which set forth the names of the nominated candidates and shall provide space for write-in candidates at all polling places. Mail balloting is permitted in accordance with part 1570.0800, subpart 5.

C. Only qualified voters may vote in an election of the first council.

Subp. 2. Subsequent council elections.

In addition to the procedures for electing the first council in subpart 1, the commissioner shall take the following actions in subsequent council elections:

A. determine the manner of selecting the nominating committee;

B. set the time limit for accepting nominations; and

C. set the times and places of subsequent elections.

Subp. 2a. Elections after redistricting.

If a council chooses to redistrict, the term of all present council board members terminates when a new council is elected and takes office. Present council members may run in the newly formed district for the next term. The term of each council member is determined by lot in accordance with Minnesota Statutes, section 17.54, subdivision 5.

Subp. 3. Referendums.

The procedures in items A to G must be followed in conducting a referendum:

A. The council, in consultation with the commissioner, shall set the time and places for the referendum when required under part 1570.0800, subpart 4.

B. The commissioner shall conduct a referendum in accordance with the general polling procedures outlined in part 1570.0800.

C. The commissioner shall publish a notice of the referendum, including time and place, in legal newspapers with general circulation in the organized area and shall provide notice to other media at least ten days in advance of the date of the referendum.

D. The commissioner shall provide a complete copy of the promotional order to be voted on to each county extension office and Farm Service Agency office in the organized areas.

E. Only qualified voters may vote in referendums.

F. The promotional order shall become effective, suspended, amended, or terminated if approved by a majority of the qualified voters who vote in the referendum.

G. If a referendum fails, the commissioner shall not conduct another referendum on any promotional order for the same agricultural commodity until one year has elapsed.

Subp. 4. Financing elections and referendums.

Petitioners must deposit with the commissioner in advance an amount sufficient to defray the expenses of electing the first council, formulating the initial promotional order, conducting the first referendum, and issuing that promotional order. The funds will be deposited in accordance with part 1570.0900, subpart 7. Full reimbursement will be made to petitioners by the council when the promotional order is adopted and funds are available from the collection of check-off fees. Petitioners may choose to leave the funds from this reimbursement with the council. Partial reimbursement on a pro rata basis shall be made by the commissioner in cases where the referendum fails and there are funds remaining after the expenses of conducting it are paid. Subsequent elections and referendums will be financed by the council.

History

Statutory Authority: MS s 17.54; 17.58; 17.63
History: 27 SR 377; 29 SR 655; 34 SR 1327

Minn. R. 1570.0800 General Polling Procedures

Subpart 1. Qualified voters.

Participating producers who may vote in any election must meet all the conditions in subpart 2 and at least one of the conditions in subpart 3. All qualified voters or designated voters must sign the producer certification at the time they vote.

Subp. 2. Conditions for all qualified voters.

The conditions in items A to D apply to all qualified voters:

A. Persons, firms, universities, colleges, foundations, landlords, tenants, or fiduciaries may cast one vote only if they are eligible to file an Internal Revenue Service Form 1040 Schedule F and if they have shared in the profits and risk of loss from producing the particular agricultural commodity during the current or preceding marketing year.

B. A voter, except a designated voter, even if the voter represents a corporation, association, cooperative, or partnership, must meet Minnesota's general election voting age requirements.

C. Absentee mail voting by qualified voters is permitted. To receive an absentee ballot, a qualified voter must submit a ballot request card to the commissioner. The completed ballot and signed producer certification must be returned to the commissioner by United States mail and postmarked no later than midnight 20 days prior to the official election date. The commissioner must maintain a list of voters from whom absentee ballots have been received and shall provide a copy of the list to all voting sites prior to the start of the election. Mail balloting is permitted only in accordance with subpart 5.

D. No individual, landlord, tenant, partnership, association, cooperative, corporation, fiduciary, firm, university, college, or foundation may cast more than one vote per election even if operations are carried on in more than one organized area of the council.

Subp. 3. Conditions for specific qualified votes.

The specific provisions in items A to E apply to the qualified voters named:

A. Each individual production unit may cast only one vote. Either spouse may cast this vote if both operate the production unit but both may not vote.

B. Both a landlord and a tenant may vote if each meets the criteria in subpart 2, item A.

C. A partnership, whether in two or more names or in the name of a firm, may cast only one vote. The parties to the partnership must determine which one of them will cast the vote for the partnership.

D. An association, cooperative, or corporation may cast only one vote. Any officer of an association, cooperative, or corporation may cast its vote.

E. A fiduciary may cast only one vote. Only the legal guardian of a fiduciary may cast its vote, even if a husband and wife are jointly carrying on the farming operation subject to a fiduciary arrangement.

Subp. 4. Balloting at polling places.

The procedures in items A and B must be followed whenever an election will be held at established polling places.

A. Election judges will be selected by the commissioner in consultation with the council. Judges must not indicate their opinions about the election on the day of the election. Each polling place must have at least one judge. The judges are to do the following:

B. The election judges shall return the following voting materials to the commissioner by first class mail: completed ballots, signed producer certifications, judges' oath forms, certification of election form, and any expense vouchers. The election judges handbook must be retained by the chief judge for 30 days after the election and then destroyed. Any unused ballots or producer certifications must also be destroyed.

Subp. 5. Mail balloting.

For any election conducted by mail, the procedures in items A to E must be followed:

A. A council must make available ballot request cards and advertise the forthcoming board elections or referenda at least 90 days prior to the election. A list of eligible voters must be submitted by the council to the commissioner at least 45 days before the starting date of the election. Ballot request cards and eligible voter lists submitted to the commissioner less than 45 days before the starting date of an election must not be included in the list of eligible voters for that election, but those names must be added to the list for future elections.

B. The commissioner shall mail to all producers that sent in a ballot request card or to all participating producers on the council's list a ballot, a producer certification, a voter instruction sheet, and a return envelope.

C. The length of time for the mail balloting shall be determined by the commissioner for each election, but must not be less than 14 days and must not exceed 30 days.

D. If a participating producer of the agricultural commodity for which an election is being conducted by mail has not received the voting materials listed in item B by the time half of the time period in item C has elapsed, the participating producer or the council may telephone, email, or write the commissioner to request that the voting materials be mailed directly to the participating producer.

E. In order to be counted, mail ballots must be returned to the commissioner and must be postmarked on or before the closing date of the election set by the commissioner under item C.

Subp. 6. Dairy industry referendums.

The procedures in items A and B must be followed in dairy industry referendums:

A. Dairy cooperative associations may choose to bloc vote their producers in accordance with Minnesota Statutes, section 17.54, subdivision 12. The commissioner shall provide the dairy cooperative association with appropriate voting materials.

B. Private dairy processors must file with the commissioner a list of their participating producers marketing the bulk of their production with the private dairy processor. The commissioner shall use this list and the procedures in subpart 5 in mail balloting producers with private dairy processors during a referendum on any dairy promotional order.

Subp. 7. Certification of election.

The commissioner shall follow the procedures in items A to D in certifying an election:

A. Before certifying an election conducted in accordance with subpart 4, the commissioner shall assure that:

B. Before certifying an election conducted in accordance with subpart 5, the commissioner shall assure that:

C. If any one of the criteria in item A, subitem (2), or B is not met, the commissioner shall declare the individual ballots invalid and shall not count them toward the outcome of the election.

D. Ballots received may be counted mechanically or an impartial committee of at least three people appointed by the commissioner shall count the ballots received from the elections conducted under subpart 4 or 5.

History

Statutory Authority: MS s 17.54; 17.58; 17.63
History: 17 SR 1279; 21 SR 1059; 27 SR 377; 29 SR 655; 34 SR 1327

Minn. R. 1570.0900 Administration of Promotional Orders

Subpart 1. Formulation.

The first council shall meet within 15 days of certification of its election, and subsequent councils shall meet whenever appropriate, to formulate a promotional order, including the amount of a check-off fee to be paid by producers of the agricultural commodity to finance the proposed activities.

Subp. 2. Hearings and referendum.

Before any referendum is conducted, the commissioner shall consult with the council and shall hold public hearings on the proposed promotional order in organized areas. Upon completion of the hearings, the commissioner and council shall determine whether the promotional order will be amended, modified, or supplemented. If a promotional order is substantially changed by this process, the commissioner shall hold further public hearings on the changed promotional order. Upon completion of these hearings, the commissioner shall conduct a referendum according to parts 1570.0700, subpart 3, and 1570.0800. The hearings in this part are not subject to Minnesota Statutes, chapter 14.

Subp. 3. Payment of check-off fees.

The procedures in items A to E must be used by the council in collecting the check-off fees from first purchasers or first handlers:

A. The council must determine the type of check-off fee system to be used for the particular agricultural commodity.

B. The council must determine the first handler or first purchaser for the agricultural commodity. First handlers or first purchasers are responsible for collecting from participating producers and remitting the check-off fee to the council by the date stated in the promotional order.

C. The council must provide forms for the first handler or first purchaser to use in collecting and remitting check-off fees.

D. The council must monitor the compliance of each first handler or first purchaser with the terms of the promotional order and maintain a compliance list. In instances where the first handler or the first purchaser is not complying with the terms of the promotional order for collecting and remitting check-off fees, the procedures in subpart 5 must be followed.

E. The council or chief executive officer must deposit check-off fees collected in a federally insured depository institution. Any deposited amount in excess of the maximum amount insured under federal law must be secured by the federally insured depository institution. Deposits may be used for either checking or investment, but not for purposes inconsistent with Minnesota Statutes, sections 17.51 to 17.69, or this chapter.

Subp. 4. Refund of check-off fee.

The procedures in items A to F must be followed for those councils whose check-off fees are refundable:

A. Any participating producer wishing a refund of a check-off fee must submit a refund application form to the commissioner.

B. Upon receipt of the completed refund application form and the proof of paid check-off fee, the commissioner will verify that the information on the refund application form is valid and will forward the original copy of the refund application form and proof of paid check-off fee to the council. Requests for refunds must be received by the commissioner within the time prescribed in the promotional order for the particular agricultural commodity in order to be valid.

C. The council may proceed to write a refund check only if the refund application has been approved by the commissioner and if the check-off fee has been sent from the first purchaser or the first handler to the council.

D. The council shall mail the refund check and the proof of paid check-off fee to the participating producer.

E. Refunds will be made by the commissioner and the council within 30 days of the date of the commissioner's receipt of the refund application form except when the check-off fee has not yet been received by the council. In those instances, the council shall write the first purchaser or first handler and request remittance of the check-off fee. When the council has received the check-off fee, the council shall send the refund check to the producer.

F. Requests from participating producers for refunds will not be accepted more than 12 times per calendar year.

Subp. 5. Procedures for noncompliance.

The procedures in items A to D shall be followed by the council and commissioner in determining and acting upon noncompliance by first handlers or first purchasers whose check-off fee collection or other information required under subpart 3, item B, is not current:

A. The council shall maintain a current noncompliance list as noted in part 1570.0500, subpart 6, item D, and shall use it to determine when a first handler or first purchaser has become delinquent in collecting and remitting check-off fees, based on the remittance period provided in the promotional order.

B. Either the council or the chief administrative officer shall investigate the reason for noncompliance and make written notation of the date and individual contacted whether by a telephone call, visit, or mail. If a second contact is by mail, the letter must be certified.

C. If no response is forthcoming after two contacts have been made, the council may request that the commissioner write to the delinquent first handler or first purchaser and to the producer whose check-off fee is delayed. The council's request must be accompanied by the noncompliance list, a summary of the steps that have already been taken, and a statement of the length of the noncompliance period. The commissioner's letter must be certified.

D. If there is still no response from the delinquent first handler or first purchaser after the steps in items A to C have been taken, the council may engage legal counsel to pursue the matter.

Subp. 6. Suspension or termination of a promotional order.

A promotional order for an agricultural commodity may be suspended or terminated pursuant to this subpart. Public hearings conducted by the commissioner prior to the suspension or termination of a promotional order will not be held pursuant to Minnesota Statutes, chapter 14. No suspension or termination of a promotional order shall take effect until the end of the current marketing year.

After consultation between the council and the commissioner, and after a public hearing and findings by the council that a promotional order is contrary to or does not effectuate the provisions of Minnesota Statutes, sections 17.51 to 17.69, or a finding that it is economically unfeasible to continue operating, the council may suspend or terminate a promotional order with the approval of a majority of the qualified voters who vote in the referendum.

Within 60 days of receipt of a petition from the same number of producers required to initiate a promotional order, which includes a statement that the signatures are those of participating producers, the commissioner shall conduct a referendum according to parts 1570.0700, subpart 3, and 1570.0800. A majority vote of the qualified voters who vote in the referendum will suspend or terminate the promotional order.

"Suspension" means discontinuing the collection of check-off fees from first purchasers as required under Minnesota Statutes, section 17.59, and the meeting requirements under part 1570.0600 for one year. During the suspension, a commodity council must continue to honor all legal and contractual obligations, submit to the audit requirements under Minnesota Statutes, section 17.58, subdivision 5, and the corresponding rules, and meet no later than six months before the end of the marketing year to decide whether to terminate. If the council decides not to terminate pursuant to Minnesota Statutes, section 17.64, the council must hold elections for those council members whose terms expire during the suspension before the beginning of the next marketing year. All council duties and activities will resume beginning the next marketing year. The council is responsible for notifying first purchasers of the suspension, termination, or resuming of collecting of check-off fees. A commodity council shall only suspend for one year and must either terminate or resume activities within the following 12 months.

Subp. 7. Commissioner's handling of funds.

Fees or income received by the commissioner in the administration of Minnesota Statutes, sections 17.51 to 17.69, shall be deposited in accordance with Minnesota Statutes, section 17.59, subdivision 5.

History

Statutory Authority: MS s 17.54; 17.58; 17.63
History: 34 SR 1327

Chapter 1572 AGRICULTURAL CONTRACTS

Minn. R. 1572.0010 Definitions

Subpart 1. Scope.

The definitions in this part apply to parts 1572.0010 to 1572.0050.

Subp. 2. Arbitration.

"Arbitration" means a process by which the parties to a dispute submit their differences to the judgment of an impartial party. The arbitrator's role is to hear the parties' arguments and issue a decision or grant an award, resolving the dispute.

Subp. 3. Commissioner.

"Commissioner" means the commissioner of agriculture or a designee.

Subp. 4. Contract.

"Contract" means a legally enforceable agreement between two or more parties. Contract includes a written commodity contract signed by all parties. If the parties have not signed a written commodity contract, contract includes an invoice, purchase order, memorandum, or confirmation of sale unless the terms of the document have been objected to by a party to the proposed agreement within ten days of receipt of the document by the objecting party. Contract does not include a grain scale ticket.

Subp. 5. Mediation.

"Mediation" means a process by which parties to a dispute jointly explore and resolve all or a part of their differences with the assistance of a neutral person. The mediator's role is to assist the parties in resolving the dispute. The mediator has no authority to impose a settlement.

History

Statutory Authority: MS s 17.945
History: 15 SR 1924

Minn. R. 1572.0020 Mediation and Arbitration

Subpart 1. Procedure.

If mediation or arbitration services are requested, the commissioner may refer the parties to outside mediation or arbitration services or conduct the services within the department of agriculture. Mediation and arbitration activities of the commissioner must be conducted according to the Uniform Arbitration Act in Minnesota Statutes, sections 572.08 to 572.30, and the Minnesota Civil Mediation Act in Minnesota Statutes, sections 572.31 to 572.40.

Mediation or arbitration services provided by the commissioner under this part must be provided according to the terms of the contract between the parties. In addition, the commissioner shall require the providers of any outside mediation or arbitration services to which the commissioner refers the parties to conduct arbitration or mediation proceedings according to the terms of the contract between the parties.

Subp. 2. Limitations.

The commissioner may not accept a request under subpart 1 if the contract governing the dispute between the parties contains an arbitration or mediation clause, and if:

A. mediation or arbitration procedures have started before a mediator or arbitrator who has been appointed in accordance with the contract or who otherwise is agreeable to the parties; or

B. whether or not mediation or arbitration has started, the arbitration or mediation clause or terms adopted under it contains a mechanism for designating a mediator or arbitrator the parties are legally obligated to use under the Uniform Arbitration Act or the Minnesota Civil Mediation Act, whichever is appropriate.

Subp. 3. No review.

The commissioner shall not review decisions made under a mediation or arbitration proceeding between a contractor and a producer, or otherwise provide services under subpart 1 relative to a matter that was disputed in the arbitration or mediation proceedings.

Subp. 4. Findings.

The findings and order of an arbitrator under this part are prima facie evidence of the matters contained in them.

Subp. 5. Seed.

If arbitration is required in a contract for seed, as defined in Minnesota Statutes, section 21.81, subdivisions 3, 8, and 32, the arbitration procedure in items A to C applies.

A. A notice in the following form, or equivalent language must be part of a seed contract: "Arbitration is required as a precondition of maintaining certain legal actions, counterclaims, or defenses against a seller of seed for damages for the failure of seed for planting to produce or perform as represented by a seed tag or label."

B. The commissioner shall appoint an arbitration council composed of five members and five alternate members. One member and one alternate must be appointed upon the recommendation of each of the following:

C. Procedures:

Subp. 6. Clause required.

Contract mediation or arbitration clauses are required in contracts signed by Minnesota producers.

Subp. 7. Sample copies of contracts.

A contractor using a written commodity contract must submit to the commissioner a sample copy of each contract offered to producers. Schedules of prices and charges need not be included. Contract samples must be submitted to the commissioner and made available to producers at least 30 days before the contract crops are planted or the contract livestock is placed in the producer's facility.

Subp. 8. Effective date.

Minnesota Statutes, section 17.91, applies only to contracts signed after August 1, 1990.

History

Statutory Authority: MS s 17.945
History: 15 SR 1924

Minn. R. 1572.0030 Recapture of Large Capital Investment

Subpart 1. Provision required; definitions.

A producer may recover damages under Minnesota Statutes, section 17.92, subdivision 1, clause (2), only if the producer has a written contractual obligation to provide a capital improvement of $100,000 or more.

If a contract states in writing that a producer must make a large capital investment in order to fulfill the contract, the contract must contain a provision allowing the producer to recover through mutual agreement, litigation, or other legal process a portion of that investment if the contract is terminated or canceled prematurely. "Termination" and "cancellation" do not include expiration of the contract. "Large capital investment" means a capital investment that costs $100,000 or more and has a useful life of five years or more. Minnesota Statutes, section 17.92, applies only to contracts that are signed after August 1, 1990.

Producers receiving notice under Minnesota Statutes, section 17.92, subdivision 2, are not eligible for recaptured damages if the producer has committed a material breach of the contract. The damages to be determined under Minnesota Statutes, section 17.92, subdivision 1, do not include payment for the reasonable useful life of an asset that extends beyond the term of the contract.

Subp. 2. Bond or letter of credit.

A contractor may terminate a contract if the contractor secures a bond or irrevocable letter of credit in a sufficient amount to cover the probable claim if the damages the producer is entitled to under Minnesota Statutes, section 17.92, subdivision 1, clause (2), have not been received within 180 days after notice of intent to terminate has been given.

Subp. 3. Relationship to production cycle.

If the 180- or 90-day notice periods expire before the end of a production cycle, the contract will not terminate until the end of that production cycle. A contractor may terminate a contract at the end of a production cycle that occurs before the end of the 180- or 90-day notice period has expired if the producer agrees to the termination.

History

Statutory Authority: MS s 17.945
History: 15 SR 1924

Minn. R. 1572.0040 Parent Company Liability

A corporation, partnership, sole proprietorship, or association that through ownership of capital stock, cumulative voting rights, voting trust agreements, or any other plan, agreement, or device, owns more than 50 percent of the common or preferred stock entitled to vote for directors of a subsidiary corporation or provides more than 50 percent of the management or control of a subsidiary is liable to a seller of agricultural commodities for any unpaid claim or contract performance claim of that subsidiary.

History

Statutory Authority: MS s 17.945
History: 15 SR 1924

Minn. R. 1572.0045 Unfair Trade Practices

Subpart 1. Prohibited conduct.

Unfair trade practices prohibited under parts 1572.0010 to 1572.0050 include conduct prohibited by United States Code, title 7, sections 499a to 499s, the Perishable Agricultural Commodities Act, the rules promulgated thereunder, Code of Federal Regulations, title 7, part 46, United States Code, title 7, section 181 et seq., the Packers and Stockyards Act and the rules promulgated thereunder, Code of Federal Regulations, title 7, part 201, et seq.

Subp. 2. Federal preemption.

If federal and state regulation re identical, federal jurisdiction and enforcement control unless the federal authority decides not to enforce the regulation.

History

Statutory Authority: MS s 17.945
History: 15 SR 1924

Minn. R. 1572.0050 Dairy Marketing Agreements

A dairy marketing agreement must contain a clause allowing either party to give the other party 30 days prior written notice of intent to terminate the agreement.

History

Statutory Authority: MS s 17.945
History: 15 SR 1924

Chapter 1573 GROUNDWATER PROTECTION

Minn. R. 1573.0010 Definitions

Subpart 1. Scope.

The terms used in this chapter have the meanings given them in this part. Other terms used in this chapter are defined in the part in which the terms are used. Terms used in this chapter that are not specifically defined in applicable federal or state law shall be construed in conformance with the context and in relation to the applicable section of the statutes pertaining to the matter and current professional usage.

Subp. 2. Alternative management tools.

"Alternative management tools" means specific practices and solutions as described in part 1573.0090, subpart 1, other than nitrogen fertilizer best management practices, that are approved by the commissioner to address groundwater nitrate problems. Alternative management tools include precision agricultural methods that can be used for the precise, variable, and site-specific application of nitrogen fertilizer.

Subp. 2a. Capture zone.

"Capture zone" means the subsurface area surrounding a well or well field through which water is likely to move toward and reach the well supplying a public water system with water.

Subp. 3. Coarse textured soils.

"Coarse textured soils" means soils that are sand, loamy sand, fine sand, loamy fine sand, coarse sand, loamy coarse sand, very fine sand, loamy very fine sand, single grained, or any of these textures with the following textural modifiers: gravelly, cobbly, channery, and flaggy, based on the United States Department of Agriculture, Natural Resources Conservation Service, Web Soil Survey.

Subp. 4. Commissioner.

"Commissioner" means the commissioner of agriculture.

Subp. 5. Cropland.

"Cropland" means land used primarily for the production or harvest of annual or perennial field, forage, food, fiber, or energy crops. Cropland includes pasture but does not include forestland.

Subp. 6. Drinking water supply management area.

"Drinking water supply management area" has the meaning given in part 4720.5100, subpart 13.

Subp. 7. Fall application.

"Fall application" means the application of nitrogen fertilizer to cropland after August 31 in each calendar year.

Subp. 8. Frozen soil.

"Frozen soil" means soil frozen to a depth that does not allow for the proper placement and incorporation of nitrogen fertilizer. For purposes of this subpart, proper placement means that a responsible party is able to incorporate granular products within three days of application at a minimum depth of three inches below the surface of the soil.

Subp. 9. Groundwater.

"Groundwater" has the meaning given in Minnesota Statutes, section 115.01, subdivision 6.

Subp. 10. Groundwater monitoring network.

"Groundwater monitoring network" means a network of wells used by the commissioner to monitor and test nitrate-nitrogen concentrations in groundwater.

Subp. 11. Growing season.

"Growing season" means the period of time from planting to physiological maturity of crops identified by the nitrogen fertilizer best management practices.

Subp. 12. Lag time.

"Lag time" means the period of time it takes for nitrate to travel through an unsaturated zone to impact groundwater quality in an aquifer being monitored.

Subp. 13. Leaching index.

"Leaching index" means the annual precipitation minus evapotranspiration for the years 1981-2010 as calculated at daily intervals using the gridMet dataset.

Subp. 14. Local advisory team.

"Local advisory team" means a team of individuals approved by the commissioner who advise the commissioner regarding appropriate response activities for a specific local area.

Subp. 15. Municipal public water supply well.

"Municipal public water supply well" has the meaning given in part 4720.5100, subpart 22. For the purposes of this subpart, municipal public water supply well also includes a rural water system.

Subp. 16. Nitrogen fertilizer best management practices.

"Nitrogen fertilizer best management practices" means practices associated with nitrogen use that are adopted by the commissioner pursuant to Minnesota Statutes, section 103H.151, subdivision 2.

Subp. 17. Nitrogen fertilizer.

"Nitrogen fertilizer" means a substance containing nitrogen that is used for its plant nutrient content, is designed for use or claimed to have value in promoting plant growth, and requires a guaranteed analysis under Minnesota Statutes, section 18C.215. Nitrogen fertilizer does not include animal and vegetable manures that are not manipulated, or marl, lime, limestone, biosolids, industrial by-product, industrial wastewater, irrigation water, or other products exempted by the commissioner. Chemicals or substances added to manure during storage to reduce odor or gas emissions or to prevent foaming, or added to manure to extend the time the nitrogen component of manure remains in the soil, are not considered a manipulation of manure.

Subp. 18. Public well.

"Public well" means a community water system as defined in part 4725.0100, subpart 23a.

Subp. 19. Residual soil nitrate tests.

"Residual soil nitrate tests" means soil tests conducted by or under the direction of the commissioner that are representative of changes in soil nitrate levels in soil below the root zone for cropland within a drinking water supply management area.

Subp. 20. Responsible party.

"Responsible party" means the owner, operator, or agent in charge of cropland.

Subp. 21. Section.

"Section" means a subdivision of a township typically one square mile in size as established under a public land survey system.

Subp. 22. Spring frost-free date.

"Spring frost-free date" means the date where there is a ten percent probability of observing a temperature of 32 degrees Fahrenheit or colder based on the years 1981-2010 as published by the Minnesota State Climatology Office.

Subp. 23. Vulnerable groundwater area.

"Vulnerable groundwater area" means land with:

A. coarse textured soils;

B. soils that are shallow to bedrock as identified in the United States Department of Agriculture, Natural Resources Conservation Service, Web Soil Survey; or

C. karst, as identified in the Department of Natural Resources Pollution Sensitivity of Near-Surface Materials Report. Vulnerable groundwater area does not include areas identified as ultra-low sensitivity in the Department of Natural Resources Pollution Sensitivity of Near-Surface Materials Report.

History

Statutory Authority: MS s 103H.275
History: 43 SR 1489

Minn. R. 1573.0020 Incorporation by Reference

A. The documents in subitems (1) to (5) and subsequent revisions are incorporated by reference. The documents are not subject to frequent change and are available as indicated:

B. The documents listed in item A can be found on the Department of Agriculture website.

History

Statutory Authority: MS s 103H.275
History: 43 SR 1489

Minn. R. 1573.0030 Statewide Water Resource Protection Requirements

Subpart 1. Prohibitions.

A. A responsible party must not make:

B. The commissioner shall annually develop a fall application restrictions map. The commissioner shall post the fall restrictions map on the department's website by January 15 of each year.

C. Any responsible party in charge of cropland in a vulnerable groundwater area as depicted on the commissioner's vulnerable groundwater area map is subject to item A.

Subp. 2. Exclusions.

A. A responsible party in a county or a portion of a county is excluded from the fall application restriction requirements under subpart 1 if the county or the portion of the county meets one of the following conditions:

B. The exclusion under this subpart applies to an entire county if a condition under item A is represented on 50 percent or more of the land area of the county.

C. For purposes of determining the exclusion under item A, the commissioner may subdivide a county by geographical boundary if there is a clear change in conditions represented in a specific area of the county.

D. The exclusion under this subpart does not apply to a drinking water supply management area with nitrate-nitrogen levels greater than or equal to 5.4 mg/L.

E. If cropland makes up less than three percent of a county's total land area, the county is excluded from the requirements in subpart 1, item A.

F. The commissioner shall exclude responsible parties in a drinking water supply management area from the fall application restrictions in subpart 1 if the commissioner determines there is a point source of nitrate-nitrogen contamination, including but not limited to an improperly sealed well, an animal feedlot, or an agricultural chemical incident, that is a significant source of nitrate-nitrogen contamination in the drinking water supply management area's well. In determining whether there is a significant point source of nitrate-nitrogen contamination, the commissioner shall:

G. The commissioner shall exclude part of a drinking water supply management area from the fall application restriction if the commissioner determines that the area is not contributing significantly to the contamination of the well in the drinking water supply management area. In determining whether an area is not contributing significantly, the commissioner shall apply the following:

Subp. 3. Exceptions.

A. Notwithstanding subpart 1, a responsible party may make a fall application of nitrogen fertilizer in a vulnerable groundwater area or drinking water supply management area if the responsible party uses applicable nitrogen rates, as defined in item B, in the following situations only:

B. For purposes of item A, "nitrogen rates" means:

C. Notwithstanding subpart 1 and in addition to item A, a responsible party may make a fall application in a vulnerable groundwater area in the following situations:

History

Statutory Authority: MS s 103H.275
History: 43 SR 1489

Minn. R. 1573.0040 Drinking Water Supply Management Area; Mitigation Level Designation

Subpart 1. Application.

This part applies to responsible parties in drinking water supply management areas.

Subp. 2. Evaluation of nitrate-nitrogen concentrations in groundwater.

The commissioner shall evaluate nitrate-nitrogen concentrations in groundwater from public wells in drinking water supply management areas for purposes of making drinking water supply management area mitigation level 1 and 2 designations. The commissioner shall use public well nitrate-nitrogen concentration data provided by the commissioner of health or the commissioner of health's designee under chapter 4720 for this purpose. The commissioner shall initially designate a drinking water supply management area as a mitigation level 1 or a mitigation level 2 drinking water supply management area according to the criteria in subpart 3. The commissioner shall make mitigation level determinations by January 15 for monitoring data received by the commissioner before July 15 of the previous year, unless there is good cause for delay. The data shall be submitted to the commissioner on forms or in a format specified by the commissioner and shall meet data requirements specified by the commissioner.

Subp. 3. Criteria for initial mitigation level designation.

A. The commissioner shall use the following criteria to make mitigation level designations for drinking water supply management areas.

B. For a nonmunicipal public water supply well, the commissioner may make exceptions for increasing a mitigation level designation based on whether there has been a change in cropland use within the drinking water supply management area and computer modeling or published leaching loss data indicates that the reduction in leaching of nitrate is predicted to result in the public well not exceeding the criteria for a mitigation level.

C. The commissioner shall exclude responsible parties in a drinking water supply management area from mitigation level designations in subpart 2 if the commissioner determines there is a point source of nitrate-nitrogen contamination, including but not limited to an improperly sealed well, an animal feedlot, or an agricultural chemical incident, that is a significant source of nitrate-nitrogen contamination in the drinking water supply management area's well. In determining whether there is a significant point source of nitrate-nitrogen contamination, the commissioner shall:

D. The commissioner shall exclude part of a drinking water supply management area from a mitigation level designation if the commissioner determines that the area is not contributing significantly to the contamination of the public well. In determining whether the area is not contributing significantly, the commissioner shall apply the following:

Subp. 4. Determination of nitrogen fertilizer best management practices and mitigation levels.

A. For a mitigation level 2 drinking water supply management area, the commissioner shall determine the nitrogen fertilizer best management practices applicable for that drinking water supply management area. The commissioner may form a local advisory team to consult on the determination of applicable nitrogen fertilizer best management practices.

B. The commissioner shall provide notice to the public of the designation of a drinking water supply management area as a mitigation level 2 and the nitrogen fertilizer best management practices that are applicable to that drinking water supply management area through publication in the legal newspaper for the affected drinking water supply management area and on the Department of Agriculture website.

Subp. 5. Monitoring.

A. The commissioner shall monitor a drinking water supply management area's nitrate-nitrogen concentrations pursuant to Minnesota Statutes, section 103H.251, subdivision 2. For purposes of the monitoring required by this subpart, the commissioner may:

B. If the commissioner establishes a groundwater monitoring network, the commissioner must design the groundwater monitoring network to represent the drinking water supply management area or a portion of the drinking water supply management area being monitored.

C. The commissioner may conduct residual soil nitrate tests to evaluate changes in residual soil nitrate for cropland within a drinking water supply management area.

Subp. 6. Nitrogen fertilizer best management practices evaluation.

A. The commissioner shall conduct an evaluation in designated mitigation level 2 drinking water supply management areas to determine whether the nitrogen fertilizer best management practices approved by the commissioner have been implemented by responsible parties on at least 80 percent of the cropland, excluding soybean cropland. The commissioner shall not conduct an evaluation under this subpart for at least three growing seasons subsequent to the publication of the nitrogen fertilizer best management practices applicable to the drinking water supply management area. The commissioner may conduct periodic evaluations during the three growing seasons to monitor the drinking water supply management area's progress.

B. When conducting an evaluation under this subpart, the commissioner shall consider:

Subp. 7. Mitigation level 2 drinking water supply management area; mitigation designation review.

A. The commissioner shall review the water quality and monitoring data of a mitigation level 2 drinking water supply management area and either provide a new mitigation level designation or maintain the existing mitigation level designation for the drinking water supply management area after no fewer than three growing seasons or the lag time, whichever is longer, following the commissioner's initial mitigation level 2 designation. However, if residual soil nitrate testing is conducted, the review period shall not be less than three growing seasons. The commissioner shall review the mitigation level designation not less than every three growing seasons thereafter.

B. The commissioner shall designate a mitigation level 2 drinking water supply management area as a mitigation level 1 drinking water supply management area if the commissioner determines that the statistical analysis for nitrate-nitrogen concentrations in the public well is not projected to exceed the health risk limit and the groundwater nitrate-nitrogen concentration has been below 8.0 mg/L for ten years.

C. The commissioner shall designate a mitigation level 2 drinking water supply management area as a mitigation level 3 drinking water supply management area if responsible parties within the drinking water supply management area have implemented nitrogen fertilizer best management practices on less than 80 percent of cropland and:

D. The commissioner shall designate a mitigation level 2 drinking water supply management area as a mitigation level 3 drinking water supply management area if the net residual nitrate in soil below the root zone is increasing after not less than three growing seasons within the drinking water supply management area.

E. The commissioner shall designate a mitigation level 2 drinking water supply management area as a mitigation level 3 drinking water supply management area if the statistical analysis indicates the nitrate-nitrogen concentration is increasing for the public well or groundwater monitoring network.

F. The mitigation level remains a mitigation level 2 unless one of the criteria in items B to E is met.

G. If responsible parties within a drinking water supply management area have demonstrated progress by changing agricultural or land use practices within the drinking water supply management area, so that the public well does not meet the criteria of a mitigation level 3 as shown by computer modeling data or residual soil nitrate testing, the commissioner may grant a onetime exemption from designating a mitigation level 2 drinking water supply management area as a mitigation level 3 drinking water supply management area for a period equal to the period for the mitigation level designation decision under item A.

Subp. 8. Mitigation level 3 drinking water supply management areas; mitigation level designation review.

A. The commissioner shall review the water quality and monitoring data of a mitigation level 3 drinking water supply management area and either make a new mitigation level designation or maintain the existing mitigation level designation for the drinking water supply management area after no fewer than three growing seasons or the lag time, whichever is longer, following the commissioner's initial mitigation level 3 designation. However, if residual soil nitrate testing is conducted, the review period shall not be fewer than three growing seasons. The commissioner shall review the mitigation level designation not fewer than every three growing seasons thereafter.

B. The commissioner shall designate a mitigation level 3 drinking water supply management area as a mitigation level 1 drinking water supply management area if the commissioner determines that the statistical analysis for nitrate-nitrogen concentrations in the public well is not projected to exceed the health risk limit and the groundwater nitrate-nitrogen concentration has been below 8.0 mg/L for ten years.

C. The commissioner shall designate a mitigation level 3 drinking water supply management area as a mitigation level 4 drinking water supply management area if the nitrate-nitrogen concentration of the public well within the drinking water supply management area is 9.0 mg/L or higher for any three samples in the previous ten years unless a statistical trend analysis indicates nitrate-nitrogen concentrations have decreased.

D. The commissioner shall designate a mitigation level 3 drinking water supply management area as a mitigation level 4 drinking water supply management area if net residual nitrate in soil below the root zone is increasing after not less than three growing seasons within the drinking water supply management area.

E. The commissioner shall designate a mitigation level 3 drinking water supply management area as a mitigation level 4 drinking water supply management area if the statistical analysis of the nitrate-nitrogen concentration in the public well or in the groundwater monitoring network is increasing.

F. The mitigation level remains a mitigation level 3 unless one of the criteria in items B to E is met.

G. If responsible parties within a drinking water supply management area have demonstrated progress by changing agricultural or land use practices, so that the public well does not meet the criteria of a mitigation level 4 as shown by computer modeling data or residual soil nitrate testing, the commissioner may grant a onetime exemption from designating a mitigation level 3 drinking water supply management area as a mitigation level 4 drinking water supply management area for a period equal to the period for the mitigation level designation decision under item A.

Subp. 9. Mitigation level 4 drinking water supply management area; mitigation level designation review.

A. The commissioner shall review the water quality and monitoring data of a mitigation level 4 drinking water supply management area and either make a new mitigation level designation or maintain the existing mitigation level 4 designation for the drinking water supply management area after no fewer than three growing seasons or the lag time, whichever is longer, following the commissioner's initial mitigation level 4 designation. However, if residual soil nitrate testing is conducted, the review period shall not be less than three growing seasons. The commissioner shall review the mitigation level designation every three growing seasons thereafter.

B. The commissioner shall designate a mitigation level 4 drinking water supply management area as a mitigation level 3 drinking water supply management area if:

Subp. 10. Limitation on change in designation.

The commissioner shall not designate a drinking water supply management area more than one mitigation level higher than the drinking water supply management area's previous designation for a minimum of three growing seasons.

History

Statutory Authority: MS s 103H.275
History: 43 SR 1489

Minn. R. 1573.0050 Water Resource Protection Requirements Order

Subpart 1. Commissioner's water resource protection requirements order.

A. The commissioner shall issue a water resource protection requirements order to responsible parties in mitigation level 3 and 4 drinking water supply management areas that meet the criteria in part 1573.0040, subparts 7 to 9. The commissioner shall use the nitrate-nitrogen concentration results obtained in part 1573.0040, subpart 5, to issue a water resource protection requirements order for a mitigation level 3 or 4 drinking water supply management area.

B. If a groundwater monitoring network is installed or residual soil nitrate testing is conducted in the drinking water supply management area, then a commissioner's order applies to the entire drinking water supply management area.

C. If a groundwater monitoring network is not installed or residual soil nitrate testing is not conducted in the drinking water supply management area, then the commissioner's order applies to the area within the drinking water supply management area for which land surface practices may impact water quality within the monitored well after the recommended nitrogen fertilizer best management practices for the drinking water supply management area are first published by the commissioner. This area shall be determined based on the estimated travel time, including lag time, for nitrate-nitrogen to travel from the place of application to the well.

D. In prioritizing the issuance of water resource protection requirements orders throughout the state, the commissioner shall consider the following:

E. A commissioner's water resource protection requirements order shall include the following:

F. A commissioner's water resource protection requirements order applies to responsible parties in a drinking water supply management area that is subject to a water resource protection requirements order.

G. The commissioner may exclude part of a drinking water supply management area from the water resource protection requirements order if the commissioner determines that the area is not contributing significantly to the contamination of the well. In determining whether an area is not contributing significantly, the commissioner shall apply the following:

H. The commissioner shall issue a water resource protection requirements order within 180 days of receiving all the information required in part 1573.0040, subparts 7, 8, and 9. For good cause shown, the commissioner may extend the deadline by 180 days.

Subp. 2. Notice of proposed water resource protection requirements order.

A. The commissioner shall hold at least one public informational meeting in the county of the mitigation area subject to the proposed water resource protection requirements order before publishing the proposed water resource protection requirements order.

B. The commissioner shall provide notice of the proposed water resource protection requirements order to all known affected responsible parties within the drinking water supply management area. If personal notification is not practicable, the commissioner shall publish notice of the proposed water resource protection requirements order in two consecutive issues of the legal newspaper for the affected drinking water supply management area and in the State Register.

C. The commissioner shall also provide the notice required under item B to the following entities whose jurisdiction includes a mitigation area:

D. The commissioner shall also provide the notice required under item B to the executive director of the Board of Water and Soil Resources, the commissioner of natural resources, the commissioner of the Pollution Control Agency, the commissioner of health, and the executive director of the Environmental Quality Board.

E. The commissioner must provide or publish the notices required under this subpart at least 60 days before the proposed effective date of the water resource protection requirements order.

Subp. 3. Contested case hearing.

A. Following notice of the proposed water resource protection requirements order as required by subpart 2, any person or entity subject to the water resource protection requirements order may petition the commissioner for a contested case hearing to challenge a water resource protection requirements order.

B. A petition for a hearing must contain a statement of the issue or issues proposed to be addressed at the hearing as well as the part of the proposed water resource protection requirements order to be challenged. The petition must also contain the specific relief or resolution requested as well as the proposed findings of fact in dispute.

C. Upon receipt of a timely petition for a hearing, the commissioner shall order a public hearing. The commissioner shall publish the order for hearing in the legal newspaper for the affected drinking water supply management area and in the State Register at least 30 days before the public hearing. The public hearing shall be held within 60 days of the proposed effective date of the proposed water resource protection requirements order. The hearing shall be held before an administrative law judge in the county in which the mitigation area is located and in accordance with the requirements of Minnesota Statutes, chapter 14, and the rules relating to contested case proceedings.

D. The administrative law judge shall submit recommended findings of fact, conclusions of law, and the final order to the commissioner and each petitioner no later than 30 days from the conclusion of the public hearing.

E. Any party to the hearing may submit written exceptions and argument to the commissioner up to ten business days from the date of issuance of the recommendations from the administrative law judge.

F. Within 30 days of the issuance of the recommended findings of fact, conclusions of law, and final order by the administrative law judge, the commissioner shall issue a final water resource protection requirements order, which is the final decision of the agency for a contested case for purposes of judicial review under Minnesota Statutes, sections 14.63 to 14.69.

G. The commissioner shall publish notice of the final water resource protection requirements order in two consecutive issues of the legal newspaper for any affected drinking water supply management area. The commissioner shall also provide the notice of the final water resource protection requirements order to the executive director of the Board of Water and Soil Resources, the commissioner of natural resources, the commissioner of the Pollution Control Agency, the commissioner of health, and the executive director of the Environmental Quality Board.

Subp. 4. Final water resource protection requirements order.

If the commissioner does not receive any petitions requesting a hearing under subpart 3 within 60 days of the notice of the proposed water resource protection requirements order as required by subpart 2, the published proposed water resource protection requirements order is effective on the date provided in the proposed water resource protection requirements order.

Subp. 5. Amendment to water resource protection requirements order.

A. The commissioner may amend the content of a water resource protection requirements order based on the content of part 1573.0070.

B. The commissioner shall provide notice of proposed amendments to a water resource protection requirements order to all known affected responsible parties within the drinking water supply management area. If personal notification is not practicable, the commissioner shall publish notice of proposed amendments to a water resource protection requirements order in two consecutive issues of the legal newspaper for any affected drinking water supply management area and in the State Register at least 30 days before the proposed effective date of the amendments. The commissioner shall also provide notice of proposed amendments to a water resource protection requirements order to the executive director of the Board of Water and Soil Resources, the commissioner of natural resources, the commissioner of the Pollution Control Agency, the commissioner of health, and the executive director of the Environmental Quality Board at least 30 days before the proposed effective date of the amendments.

C. Any person or entity subject to proposed amendments to a water resource protection requirements order has 30 days from the date of notice of the amendments under item B to provide written comments to the commissioner on the proposed amendments.

D. The commissioner shall publish notice of the amended final water resource protection requirements order in two consecutive issues in the legal newspaper for any drinking water supply management area affected by the amendments to the water resource protection requirements order.

E. The amended final water resource protection requirements order is effective upon publication under item D.

Subp. 6. Judicial review.

A. Any person or entity subject to a final water resource protection requirements order or an amended water resource protection requirements order may seek judicial review pursuant to Minnesota Statutes, sections 14.63 to 14.69.

B. For judicial review of an amended water resource protection requirements order, only the amendments to the water resource protection requirements order are subject to judicial review.

Subp. 7. Recording.

The commissioner shall record all final water resource protection requirements orders and amendments for water resource protection requirements in the appropriate county.

History

Statutory Authority: MS s 103H.275
History: 43 SR 1489

Minn. R. 1573.0060 Requirements for Water Resource Protection Requirements Orders

A. A responsible party in a mitigation level 3 or 4 drinking water supply management area must comply with the following:

B. This chapter is enforceable pursuant to Minnesota Statutes, chapter 18D.

History

Statutory Authority: MS s 103H.275
History: 43 SR 1489

Minn. R. 1573.0070 Water Resource Protection Requirements Order Contents

Subpart 1. Mitigation level 3.

A. The commissioner shall consider including the following requirements for responsible parties in a water resource protection requirements order for mitigation level 3 drinking water supply management areas:

B. The commissioner may require alternative management tools to be used in drinking water supply management areas provided that a source of funding for increased costs related to the implementation of the alternative management tool is available to responsible parties. The commissioner shall select alternative management tools for purposes of this subpart in consultation with the local advisory team. The commissioner shall not restrict the selection of the primary crop.

Subp. 2. Mitigation level 4.

The commissioner shall consider including the requirements in items A to C for responsible parties in a water resource protection requirements order for mitigation level 4 drinking water supply management areas:

A. any requirement listed in subpart 1;

B. specific nitrogen fertilizer rate requirements for crops. The commissioner shall not set rate requirements for nitrogen fertilizer below the lowest University of Minnesota recommended rate; and

C. water resource protection requirements as defined in Minnesota Statutes, section 103H.005, subdivision 15, and that meet factors under Minnesota Statutes, section 103H.275, subdivision 2a. The commissioner shall not restrict the selection of the primary crop.

Subp. 3. Exceptions.

The commissioner may provide exceptions to a water resource protection requirements order if the commissioner determines the order could not be implemented because of:

A. adverse weather conditions including late spring thaw, heavy rainfall, drought, or other extreme weather event;

B. crop failure for any reason including plant diseases or pest infestations; or

C. the required practice being agronomically or technically unsuitable for a specific field based on the soil types, topography, or the crops grown.

History

Statutory Authority: MS s 103H.275
History: 43 SR 1489

Minn. R. 1573.0080 Minnesota Agricultural Water Quality Certification Program Exemption

A responsible party certified through the Minnesota Agricultural Water Quality Certification Program under Minnesota Statutes, sections 17.9891 to 17.993, is deemed to be in compliance with this chapter for the duration of the water quality certification.

History

Statutory Authority: MS s 103H.275
History: 43 SR 1489

Minn. R. 1573.0090 Alternative Management Tools; Alternative Protection Requirements

Subpart 1. Alternative management tools.

A. The commissioner shall maintain a list of alternative management tools on the Department of Agriculture website.

B. The commissioner shall identify on the list of alternative management tools if an alternative management tool can be substituted for a nitrogen fertilizer best management practice in the nitrogen fertilizer best management practice evaluation.

C. A responsible party subject to a water resource protection requirements order may implement an alternative management tool as an alternative to a specific requirement in a water resource protection requirements order only if the commissioner states in the list of alternative management tools that the alternative management tool is a substitute for a nitrogen fertilizer best management practice. A responsible party must keep records of all alternative management tools used and the specific water resource protection requirements order that allows the alternative management tool to be used.

D. A responsible party may use an alternative management tool in addition to the requirements in the water resource protection requirements order.

Subp. 2. Alternative protection requirements.

A. A person subject to a water resource protection requirements order may apply to the commissioner to suggest an alternative protection requirement pursuant to Minnesota Statutes, section 103H.275, subdivision 2, paragraph (e).

B. All applications for alternative protection requirements shall be made on a form approved by the commissioner.

History

Statutory Authority: MS s 103H.275
History: 43 SR 1489