Minn. Stat. § 28A.08

Current through Register Vol. 49, No. 8, August 19, 2024
Section 28A.08 - LICENSE FEES; PENALTIES
Subdivision 1.General.

License fees, penalties for late renewal of licenses, and penalties for not obtaining a license before conducting business in food handling that are set in this section apply to the sections named except as provided under section 28A.09. Except as specified herein, bonds and assessments based on number of units operated or volume handled or processed which are provided for in said laws shall not be affected, nor shall any penalties for late payment of said assessments, nor shall inspection fees, be affected by this chapter. The penalties may be waived by the commissioner. Fees for all new licenses must be based on the anticipated future gross annual food sales. If a firm is found to be operating for multiple years without paying license fees, the state may collect the appropriate fees and penalties for each year of operation.

Subd. 2.

[Repealed, 1995 c 220s 141]

Subd. 3.Fees effective July 1, 2003.

Type of food handlerLicense Fee Effective July 1, 2003Penalties Late RenewalNo License
1.Retail food handler or custom exempt food handler
(a) Having gross sales of only prepackaged nonperishable food of less than $15,000 for the immediately previous license or fiscal year and filing a statement with the commissioner$ 50$ 17$ 33
(b) Having under $15,000 gross sales or service including food preparation or having $15,000 to $50,000 gross sales or service for the immediately previous license or fiscal year$ 77$ 25$ 51
(c) Having $50,001 to $250,000 gross sales or service for the immediately previous license or fiscal year$155$ 51$102
(d) Having $250,001 to $1,000,000 gross sales or service for the immediately previous license or fiscal year$276$ 91$182
(e) Having $1,000,001 to $5,000,000 gross sales or service for the immediately previous license or fiscal year$799$264$527
(f) Having $5,000,001 to $10,000,000 gross sales or service for the immediately previous license or fiscal year$1,162$383$767
(g) Having $10,000,001 to $15,000,000 gross sales or service for the immediately previous license or fiscal year$1,376$454$908
(h) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year$1,607$530$1,061
(i) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year$1,847$610$1,219
(j) Having over $25,000,001 gross sales or service for the immediately previous license or fiscal year$2,001$660$1,321
2.Wholesale food handler
(a) Having gross sales or service of less than $25,000 for the immediately previous license or fiscal year$ 57$ 19$ 38
(b) Having $25,001 to $250,000 gross sales or service for the immediately previous license or fiscal year$284$ 94$187
(c) Having $250,001 to $1,000,000 gross sales or service from a mobile unit without a separate food facility for the immediately previous license or fiscal year$444$147$293
(d) Having $250,001 to $1,000,000 gross sales or service not covered under paragraph (c) for the immediately previous license or fiscal year $590$195$389
(e) Having $1,000,001 to $5,000,000 gross sales or service for the immediately previous license or fiscal year$769$254$508
(f) Having $5,000,001 to $10,000,000 gross sales or service for the immediately previous license or fiscal year$920$304$607
(g) Having $10,000,001 to $15,000,000 gross sales or service for the immediately previous license or fiscal year$990$327$653
(h) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year$1,156$381$763
(i) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year$1,329$439$877
(j) Having over $25,000,001 or more gross sales or service for the immediately previous license or fiscal year$1,502$496$991
3.Food broker$150$ 50$ 99
4.Wholesale food processor or manufacturer
(a) Having gross sales or service of less than $125,000 for the immediately previous license or fiscal year$169$ 56$112
(b) Having $125,001 to $250,000 gross sales or service for the immediately previous license or fiscal year$392$129$259
(c) Having $250,001 to $1,000,000 gross sales or service for the immediately previous license or fiscal year$590$195$389
(d) Having $1,000,001 to $5,000,000 gross sales or service for the immediately previous license or fiscal year$769$254$508
(e) Having $5,000,001 to $10,000,000 gross sales or service for the immediately previous license or fiscal year$920$304$607
(f) Having $10,000,001 to $15,000,000 gross sales or service for the immediately previous license or fiscal year$1,377$454$909
(g) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year$1,608$531$1,061
(h) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year$1,849$610$1,220
(i) Having $25,000,001 to $50,000,000 gross sales or service for the immediately previous license or fiscal year$2,090$690$1,379
(j) Having $50,000,001 to $100,000,000 gross sales or service for the immediately previous license or fiscal year$2,330$769$1,538
(k) Having $100,000,000 or more gross sales or service for the immediately previous license or fiscal year$2,571$848$1,697
5.Wholesale food processor of meat or poultry products under supervision of the U.S. Department of Agriculture
(a) Having gross sales or service of less than $125,000 for the immediately previous license or fiscal year$112$ 37$ 74
(b) Having $125,001 to $250,000 gross sales or service for the immediately previous license or fiscal year$214$ 71$141
(c) Having $250,001 to $1,000,000 gross sales or service for the immediately previous license or fiscal year$333$110$220
(d) Having $1,000,001 to $5,000,000 gross sales or service for the immediately previous license or fiscal year$425$140$281
(e) Having $5,000,001 to $10,000,000 gross sales or service for the immediately previous license or fiscal year$521$172$344
(f) Having $10,000,001 to $15,000,000 gross sales or service for the immediately previous license or fiscal year$765$252$505
(g) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year$893$295$589
(h) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year$1,027$339$678
(i) Having $25,000,001 to $50,000,000 gross sales or service for the immediately previous license or fiscal year$1,161$383$766
(j) Having $50,000,001 to $100,000,000 gross sales or service for the immediately previous license or fiscal year$1,295$427$855
(k) Having $100,000,001 or more gross sales or service for the immediately previous license or fiscal year$1,428$471$942
6.Wholesale food processor or manufacturer operating only at the State Fair$125$ 40$ 50
7.Wholesale food manufacturer having the permission of the commissioner to use the name Minnesota Farmstead cheese$ 30$ 10$ 15
8.Wholesale food manufacturer processing less than 700,000 pounds per year of raw milk$ 30$ 10$ 15
9.A milk marketing organization without facilities for processing or manufacturing that purchases milk from milk producers for delivery to a licensed wholesale food processor or manufacturer$ 50$ 15$ 25

Subd. 4.Food handler license account; appropriation.

A food handler license account is established in the agricultural fund. Fees paid under subdivision 3 must be deposited in this account. Money in the account, including interest, is appropriated to the commissioner for expenses relating to licensing and inspecting food handlers under chapters 28 to 34A or rules adopted under one of those chapters.

Minn. Stat. § 28A.08

1971 c 339 s 8; 1975 c 412 s 12; 1977 c 114 s 2; 1981 c 356 s 266; 1983 c 293 s 53; 1987 c 396 art 11 s 4; 1991 c 254 art 3 s 15; 1992 c 513 art 2 s 17; 1995 c 220 s 43; 1996 c 407 s 19; 1997 c 216 s 53; 1999 c 59 s 2; 1999 c 231 s 52; 2003 c 128 art 3 s 28; 2008 c 297 art 1 s 12; 2014 c 181 s 7

Amended by 2023 Minn. Laws, ch. 43,s 2-116, eff. 7/1/2023.
Amended by 2019 Minn. Laws, ch. 50,s 1-13, eff. 8/1/2019.
Amended by 2019 Minn. Laws, ch. 38,s 14, eff. 8/1/2019.
Amended by 2014 Minn. Laws, ch. 181,s 7, eff. 8/1/2014.