Bill > S3292

Introduced Session

This bill establishes requirements for the sale of home baked goods and cottage foods. Under the bill, "baked goods" are defined as ready-to-eat baked food prepared in a private kitchen that does not require further cooking or refrigeration for food safety and is not "potentially hazardous food." Baked goods include, but are not limited to, bread, rolls, cakes, pies, pastries, candies, and cookies. "Cottage foods" are defined as ready-to-eat food prepared by a home baker, which are not potentially hazardous food, including: candy, such as brittle and toffee; chocolate-covered nonperishable foods, such as nuts and dried fruit; dried fruits and nuts; dried pasta; dry baking mixes; dry herbs, seasonings, and mixtures; fruit pies, fruit empanadas, and fruit tamales; fudge; granolas, cereals, and trail mixes; honey and sweet sorghum syrup; jams, jellies, preserves, and fruit butters that comply with the federal standards for fruit butter; nut mixes and nut butters; popcorn and caramel corn; roasted coffee and dried tea; vinegar and mustard; and waffle cones and pizzelles. Under the bill, "potentially hazardous food" is defined as a food that requires time or temperature control for safety to limit pathogenic microorganism growth or toxin formation. Home baked goods may be made using a potentially hazardous food, provided that the final product as offered for sale is not a potentially hazardous food. The bill provides that baked goods or cottage foods may not be sold or offered for sale except at the home baker's home, a consumer's home, a farmer's market, a farm stand, or a county, municipal, or nonprofit fair, festival, or event. The bill prohibits selling or offering for sale home baked goods or cottage foods over the Internet, wholesale, or to a commercial retailer for resale. The gross income generated by the home baker from the sale of baked goods and cottage foods may not exceed $50,000 per year. The home baker and any person assisting the home baker must possess a current, valid food handler's certificate. A clearly visible placard is to be placed at the point of sale, which states in clear, legible print that the baked goods or cottage foods were prepared in a kitchen that is not subject to regulation and inspection by the Department of Health (DOH). Baked goods and cottage foods are to be packaged in a manner that prevents or reduces the risk of contamination, unless the size, shape, or other characteristics of the baked good or cottage food make such packaging impractical or unnecessary. Finally, each baked good or cottage food is to be labeled with the name of the home baker and the address where the baked good or cottage food was prepared; the name of the baked good or cottage food, including a description of the type or nature of the baked good or cottage food if not apparent from the name; any major food allergens used as an ingredient in the baked good or cottage food, such as eggs, nuts, wheat, soy, dairy, or peanuts; and a statement that reads: "This food is made in a home kitchen that is not subject to regulation and inspection by the Department of Health." The Commissioner of Health is to promulgate a list of food handler certification agencies approved to issue certificates for the purposes of the bill. DOH will have no other authority to regulate or inspect home bakers or the sale or production of home baked goods or cottage foods, and the preparation and sale of home baked goods or cottage foods may not be regulated or restricted by municipal ordinance or resolution. Nothing in the bill will prohibit a neighbor or other affected person from bringing a nuisance action against a home baker. Local boards of health will have the authority to inspect baked goods and cottage foods and places where they are prepared upon reasonable belief or credible report that the baked goods and cottage foods, or the conditions under which they are prepared, present an immediate and serious threat to human life or health. If the board finds the baked goods or cottage foods or the conditions under which they are prepared constitute a threat, the board may order any appropriate relief, including, but not limited to: confiscation or destruction of the baked goods or cottage foods; remedial action to correct an unsafe or potentially hazardous condition; or issuance of a temporary or permanent injunction prohibiting the home baker from preparing and selling baked goods, cottage foods, or both.

AI Summary

Committee Categories

Robert Andrews (D)*,  Jeff Van Drew (R)*, 

Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee (on 06/12/2017)