§ 28A.08 — License Fees; Penalties
Plain-Language Summary
Sets license fees for food handlers based on their classification and business volume, including penalties for late renewal and operating without a license.
28A.08 LICENSE FEES; PENALTIES.
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Subdivision 1.General.
(a) 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.
(b) The commissioner may adjust the fees in subdivision 3 every five years to the inflation level established in the United States Bureau of Labor and Statistics Consumer Price Index, using July 2025 as the base month and year. §
Subd. 2.
[Repealed, 1995 c 220 s 141] §
Subd. 3.Fees effective August 1, 2025.
| Penalties | |||||
|---|---|---|---|---|---|
| Type of food handler | Risk Category | License Fee | Late Renewal | ||
| 1. | Custom exempt food handler | ||||
| (a) Having $50,000 or less gross sales or service for the immediately previous license or fiscal year | $135 | $45 | |||
| (b) Having $50,001 to $125,000 gross sales or service for the immediately previous license or fiscal year | $200 | $67 | |||
| (c) Having $125,001 to $500,000 gross sales or service for the immediately previous license or fiscal year | $370 | $123 | |||
| (d) Having $500,001 to $1,000,000 gross sales or service for the immediately previous license or fiscal year | $475 | $158 | |||
| (e) Having $1,000,001 to $5,000,000 gross sales or service for the immediately previous license or fiscal year | $1,350 | $450 | |||
| (f) Having $5,000,001 to $10,000,000 gross sales or service for the immediately previous license or fiscal year | $1,750 | $583 | |||
| (g) Having $10,000,001 to $15,000,000 gross sales or service for the immediately previous license or fiscal year | $2,150 | $717 | |||
| (h) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year | $2,550 | $849 | |||
| (i) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year | $2,950 | $984 | |||
| (j) Having over $25,000,001 gross sales or service for the immediately previous license or fiscal year | $3,350 | $1,117 | |||
| 2. | Food handler | ||||
| (a) Having gross sales of only prepackaged nonperishable food of less than $30,000 for the immediately previous license or fiscal year and filing a statement with the commissioner | $90 | $30 | |||
| (b) Having gross sales or service of less than $50,000 for the immediately previous license or fiscal year | HighMediumLow | $285$195$135 | $95$65$45 | ||
| (c) Having $50,001 to $125,000 gross sales or service for the immediately previous license or fiscal year | HighMediumLow | $350$260$200 | $117$87$67 | ||
| (d) Having $125,001 to $250,000 gross sales or service for the immediately previous license or fiscal year | HighMediumLow | $415$350$265 | $138$117$88 | ||
| (e) Having $250,001 to $500,000 gross sales or service for the immediately previous license or fiscal year | HighMediumLow | $520$430$370 | $173$143$123 | ||
| (f) Having $500,001 to $1,000,000 gross sales or service for the immediately previous license or fiscal year | HighMediumLow | $625$535$475 | $208$178$158 | ||
| (g) Having $1,000,001 to $5,000,000 gross sales or service for the immediately previous license or fiscal year | HighMediumLow | $1,500$1,425$1,350 | $500$475$450 | ||
| (h) Having $5,000,001 to $10,000,000 gross sales or service for the immediately previous license or fiscal year | HighMediumLow | $1,900$1,825$1,750 | $633$608$583 | ||
| (i) Having $10,000,001 to $15,000,000 gross sales or service for the immediately previous license or fiscal year | HighMediumLow | $2,300$2,225$2,150 | $767$742$717 | ||
| (j) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year | HighMediumLow | $2,700$2,625$2,550 | $900$875$849 | ||
| (k) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year | HighMediumLow | $3,100$3,025$2,950 | $1,033$1,008$984 | ||
| (l) Having $25,000,001 to $50,000,000 gross sales or service for the immediately previous license or fiscal year | HighMediumLow | $3,500$3,425$3,350 | $1,167$1,142$1,117 | ||
| (m) Having $50,000,001 to $100,000,000 gross sales or service for the immediately previous license or fiscal year | HighMediumLow | $4,000$3,925$3,850 | $1,334$1,309$1,284 | ||
| (n) Having $100,000,001 or more gross sales or service for the immediately previous license or fiscal year | HighMediumLow | $4,500$4,425$4,350 | $1,500$1,475$1,450 | ||
| 3. | Food handler operating under authority of this chapter solely as a special event food stand as defined in Minnesota Statutes, section 157.15 | $75 | $25 | ||
| 4. | Meat or poultry processing solely 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 | $190 | $63 | |||
| (b) Having $125,001 to $250,000 gross sales or service for the immediately previous license or fiscal year | $365 | $122 | |||
| (c) Having $250,001 to $500,000 gross sales or service for the immediately previous license or fiscal year | $450 | $150 | |||
| (d) Having $500,001 to $1,000,000 gross sales or service for the immediately previous license or fiscal year | $565 | $188 | |||
| (e) Having $1,000,001 to $5,000,000 gross sales or service for the immediately previous license or fiscal year | $725 | $241 | |||
| (f) Having $5,000,001 to $10,000,000 gross sales or service for the immediately previous license or fiscal year | $885 | $295 | |||
| (g) Having $10,000,001 to $15,000,000 gross sales or service for the immediately previous license or fiscal year | $1,305 | $435 | |||
| (h) Having $15,000,001 to $20,000,000 gross sales or service for the immediately previous license or fiscal year | $1,515 | $505 | |||
| (i) Having $20,000,001 to $25,000,000 gross sales or service for the immediately previous license or fiscal year | $1,745 | $582 | |||
| (j) Having $25,000,001 to $50,000,000 gross sales or service for the immediately previous license or fiscal year | $1,975 | $658 | |||
| (k) Having $50,000,001 to $100,000,000 gross sales or service for the immediately previous license or fiscal year | $2,215 | $738 | |||
| (l) Having $100,000,001 or more gross sales or service for the immediately previous license or fiscal year | $2,465 | $822 |
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Subd. 4.Food handler license account; appropriation.
A food handler license account is established in the agricultural fund. Fees paid under subdivision 3 and section 28A.04 must be deposited in this account. Money in the account, including interest, is appropriated to the commissioner for expenses relating to regulating food handlers under chapters 28 to 34A or rules adopted under one of those chapters.
History:
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; 2019 c 38 s 14; 2019 c 50 art 1 s 13; 2023 c 43 art 2 s 116; 2025 c 34 art 5 s 9
History: History: 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; 2019 c 38 s 14; 2019 c 50 art 1 s 13; 2023 c 43 art 2 s 116; 2025 c 34 art 5 s 9