Relating to the regulation of specified food establishments and home food establishments

This bill relates to the sale and production of food produced by private residences. The bill modifies the definition of “home bakery” to “home food establishment” and makes conforming amendments. The bill defines “homemade food item” to mean a food that is produced and, if packaged, packaged at a home food establishment. The bill defines “produce” to mean food prepared by cooking, baking, drying, mixing, cutting, fermenting, preserving, dehydrating, growing, raising, or other food methods. The bill provides that a violation of the bill’s provisions may result in a $100 fine. The bill provides that a home food establishment shall label homemade food items with information including the name of the food producer, the name of the food, the ingredients, and a disclaimer. Current law provides that a home bakery is guilty of a simple misdemeanor for violations of Code chapter 137D. The bill defines “cottage food” to mean the production and sale of food produced at a private residence that is not a time/temperature control for safety food. The bill provides that cottage food is exempt from all licensing, permitting, inspection, packaging, and labeling upon certain conditions being met. The conditions include the manner of sale between a food producer and consumer, a requirement of labeling regarding the name and address of the producer, the name of the food, the ingredients, and a disclaimer. Current law does not include a kitchen in a private home where food is prepared or stored for family consumption or a kitchen in a bed and breakfast home in the definition of “food establishment” for purposes of Code chapter 137F. The bill strikes this exclusion.