1.1.................... moves to amend H.F. No. 637 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2010, section 157.15, subdivision 12b, is amended to
1.4read:
1.5 Subd. 12b.
School concession stand. "School concession stand" means a food
1.6and beverage service establishment located in a school, on school grounds, or within a
1.7school-owned athletic complex, that is operated in conjunction with school-sponsored
1.8events.
A school kitchen or school cafeteria is not a school concession stand.
1.9 Sec. 2. Minnesota Statutes 2010, section 157.22, is amended to read:
1.10157.22 EXEMPTIONS.
1.11This chapter does not apply to:
1.12(1) interstate carriers under the supervision of the United States Department of
1.13Health and Human Services;
1.14(2)
weddings, fellowship meals, or funerals conducted by a faith-based organization
1.15using any building constructed and primarily used for religious worship
or education;
1.16(3) any building owned, operated, and used by a college or university in accordance
1.17with health regulations promulgated by the college or university under chapter 14;
1.18(4) any person, firm, or corporation whose principal mode of business is licensed
1.19under sections
28A.04 and
28A.05, is exempt at that premises from licensure as a food
1.20or beverage establishment; provided that the holding of any license pursuant to sections
1.2128A.04
and
28A.05 shall not exempt any person, firm, or corporation from the applicable
1.22provisions of this chapter or the rules of the state commissioner of health relating to
1.23food and beverage service establishments;
1.24(5) family day care homes and group family day care homes governed by sections
1.25245A.01
to
245A.16;
2.1(6) nonprofit senior citizen centers for the sale of home-baked goods;
2.2(7) fraternal
, sportsman, or patriotic organizations that are tax exempt under section
2.3501(c)(3), 501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal
2.4Revenue Code of 1986, or organizations related to
or, affiliated with
, or supported by
2.5such fraternal
, sportsman, or patriotic organizations
. Such organizations may organize
2.6events for events held in the building or on the grounds of the organization and at which
2.7home-prepared food is donated by organization members for sale at the events, provided:
2.8(i) the event is not a circus, carnival, or fair;
2.9(ii) the organization controls the admission of persons to the event, the event agenda,
2.10or both; and
2.11(iii) the organization's licensed kitchen is not used in any manner for the event;
2.12(8) food not prepared at an establishment and brought in by individuals attending a
2.13potluck event for consumption at the potluck event. An organization sponsoring a potluck
2.14event under this clause may advertise the potluck event to the public through any means.
2.15Individuals who are not members of an organization sponsoring a potluck event under this
2.16clause may attend the potluck event and consume the food at the event. Licensed food
2.17establishments other than schools cannot be sponsors of potluck events. A school may
2.18sponsor and hold potluck events in areas of the school other than the school's kitchen,
2.19provided that the school's kitchen is not used in any manner for the potluck event. For
2.20purposes of this clause, "school" means a public school as defined in section
120A.05,
2.21subdivisions 9, 11, 13, and 17
, or a nonpublic school, church, or religious organization
2.22at which a child is provided with instruction in compliance with sections
120A.22 and
2.23120A.24
. Potluck event food shall not be brought into a licensed food establishment
2.24kitchen;
2.25(9) a home school in which a child is provided instruction at home;
2.26(10)
school concession stands
operated in conjunction with school-sponsored events
2.27on school property are exempt from the 21-day restriction; and serving commercially
2.28prepared, nonpotentially hazardous foods, as defined in Minnesota Rules, chapter 4626;
2.29(11) group residential facilities of ten or fewer beds licensed by the commissioner of
2.30human services under Minnesota Rules, chapter 2960, provided the facility employs or
2.31contracts with a certified food manager under Minnesota Rules, part 4626.2015
;
2.32(12) meals, fund-raisers, or community events conducted in the building or on
2.33the grounds of a faith-based organization, provided that a certified food manager, or a
2.34volunteer trained in a food safety course, trains the food preparation workers in safe
2.35food handling practices. This exemption does not apply to faith-based organizations that
2.36choose to apply for a license for events; and
3.1(13) food service events conducted following a disaster for purposes of feeding
3.2disaster relief staff and volunteers serving commercially prepared, nonpotentially
3.3hazardous foods, as defined in Minnesota Rules, chapter 4626."
3.4Amend the title accordingly