Request for Comments
Minnesota Food Code Rule Revision

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Possible Amendments to Minnesota Rules Chapter 4626, Minnesota Food Code

Subject of Rules. The Minnesota Departments of Agriculture and Health request comments on possible amendments to Minnesota Rules, Chapter 4626, Minnesota Food Code (Code).  The Departments are considering rule amendments that would bring the Code up to date and in substantial conformance with the 2009 Food and Drug Administration (FDA) Model Food Code. Possible food safety and sanitation subject matter to be considered during this rulemaking may include, but is not limited to, the following areas:

  • Management and Personnel
  • Food Characteristics, Protection from Contamination, Destroying Organisms, Food Identity¬† and Contaminated Food
  • Equipment, Utensils and Linens
  • Water, Plumbing and Waste
  • Physical Facilities
  • Poisonous or Toxic Materials
  • Compliance and Enforcement
  • Temporary and Portable Food Establishments
  • Food Manager Certification
  • Other related items that may surface during therulemaking process as time permits

Persons Affected. The amendments to the rules would likely affect:

  • local units of government
  • children and youth camps
  • restaurant owners and managers
  • special event and mass gathering sponsors
  • food service and retail food workers and food handlers
  • hospitals
  • grocery stores
  • assisted living facilities
  • bakeries
  • board and care homes
  • convenience stores
  • food protection manager certification trainers
  • caterers and catering companies
  • day care centers and homes
  • food processing and packaging manufacturers
  • community-based facilities that prepare or serve food
  • meat processors
  • motels, hotels and bed and breakfast establishments
  • vending machine owners and operators
  • lodging and boarding houses
  • schools
  • food scientists
  • other entities that prepare or sell food to the public


    Statutory Authority. Minnesota Statutes, sections 144.07 and 157.011 authorize the Department of Health and Minnesota Statutes, sections 31.11 and 31.101 authorize the Department of Agriculture to adopt rules for food safety and sanitation standards.

    Public Comment. Interested persons or groups may submit comments or information on these possible rule amendments in writing until further notice is published in the State Register that the Departments intend to adopt or to withdraw the rules. The Departments will not publish a notice of intent to adopt the rules until more than 60 days have elapsed from the date of this request for comments.

    The Departments plan to appoint an advisory committee to comment on the possible rules. The advisory committee will consist of representatives of the likely affected parties and two members of the general public. The committee will meet approximately four times during the next four to six months to discuss proposed revisions to the Code. In addition, three stakeholder meetings will be held in Greater Minnesota at locations to be determined.

    The proposed rule amendments may require some local units of government to adopt or amend ordinance(s) or other regulation(s) under Minnesota Statutes, section 14.128. The Departments are requesting that affected local governments provide the Departments with information about their relevant ordinance(s).

    Rules Drafts.The Departments have not prepared a draft of the possible rule amendments and does not anticipate that a draft of the rule amendments will be available before the publication of the proposed rules.

    Agency Contact Person. Written comments, questions, requests to receive a draft of the rule amendments when it has been prepared, and requests for more information on these possible rule amendments should be directed to:

    Linda D. Prail
    Minnesota Department of Health
    Freeman Building
    625 Robert Street North
    P.O. Box 64975
    St. Paul, Minnesota 55164-0975
    651-201-5792 (Office)
    651-201-4514 (Fax)

    Alternative Format.Upon request, this Request for Comments can be made available in an alternative format, such as large print, Braille, or cassette tape. To make such a request, please contact the agency contact person at the address or telephone number listed above.

    NOTE: Comments received in response to this notice will not be included in the formal rulemaking record submitted to the administrative law judge if and when a proceeding to adopt rules is started. The agency is required to submit to the judge only those written comments received in response to the rules after they are proposed. If you submitted comments during the development of the rules and you want to ensure that the Administrative Law Judge reviews the comments, you should resubmit the comments after the rules are formally proposed.

    Dated: 11-23-09

    Gene Hugoson, Commissioner
    Minnesota Department of Agriculture

    Sanne Magnan, Commissioner
    Minnesota Department of Health

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    Updated Tuesday, October 29, 2013 at 10:02AM