Subdivision 1.Licensing.

A dairy plant must obtain a license as required under section 28A.04.

Subd. 2.Permitting.

Terms Used In Minnesota Statutes 32D.09

  • Cheese: includes all varieties of cheese, cheese spreads, cheese foods, cheese compounds, or processed cheese made or manufactured in whole or in part from milk. See Minnesota Statutes 32D.01
  • Commissioner: means the commissioner of agriculture. See Minnesota Statutes 32D.01
  • Dairy plant: means any place where a dairy product is manufactured, processed, or handled and includes milk-receiving stations, creameries, cheese factories, condenseries, milk plants, transfer stations, and marketing organizations that purchase milk and cream directly from producers for resale and other establishments, as those terms are used in this chapter and chapters 17, 27, and 31; but does not include any place where dairy products are not processed but sold at wholesale or retail only. See Minnesota Statutes 32D.01
  • Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
  • state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44

No person shall operate a dairy plant in this state unless the dairy plant, equipment, and water supply and plumbing system have been first approved by the commissioner and a permit issued to operate the same.

Subd. 3.Approval.

At the time of filing the application for a permit, the applicant shall submit to the commissioner duplicate floor plans of the plant that show the placement of equipment, the source of water supply and method of distribution, a detailed pasteurization flow chart, and the location of the plumbing system, including the disposal of wastes. New construction or alteration of an existing dairy plant shall be made only with the approval of the commissioner and duplicate plans for the construction or alteration shall be submitted to the commissioner for approval. The fee for approval services is $45 per hour of department staff time spent in the approval process.

Subd. 4.Farmstead cheese.

(a) The commissioner or the commissioner’s designee shall issue an additional permit to a dairy plant that desires to use the name “Minnesota farmstead cheese” upon application made by the dairy plant for use of the name, provided the cheese meets the definition in section 32D.01, subdivision 13.

(b) No cheese or packaged cheese that is sold, offered or exposed for sale, or held in possession with intent to sell at either retail or wholesale in this state may be labeled or described as “Minnesota farmstead cheese” unless it meets the criteria in section 32D.01, subdivision 13, and the manufacturer has obtained the designated permit.