Providing for the sale and distribution of certain food, making penalties applicable, and including effective date provisions

HOME FOOD ESTABLISHMENTS —— BACKGROUND.3). A food establishment may also be regulated by a political subdivision (referred to as a municipal corporation) under contract with DIAL.11A).15).9).18). HOME FOOD PROCESSING ESTABLISHMENTS —— BACKGROUND. Under Code chapter 137D, a home food processing establishment is a business operating on the premises of a residence in which homemade food items are produced for sale or resale, for consumption off premises, if the business has gross annual sales of less than $50,000. 2). A home food processing establishment is subject to regulations governing time/temperature control for safety food.3).4). FARM-TO-TABLE EVENTS —— BILL’S PROVISIONS. This bill amends Code chapter 137F by providing for a new farm-to-table event license that is separate from a food establishment license. A farm-to-table event is an event where food is stored, prepared, and served on a farm, subject to certain conditions: (1) the person operating the event must hold a legal interest in the farm, (2) the principal source of income annually generated from the farm cannot derive from the events, (3) any meal prepared on the farm must be for on-premises consumption, (4) the meal must be served outside a building, unless otherwise provided by rules adopted by DIAL, and (5) the meal must include a food entree that includes as a principal ingredient a farm commodity that was produced on the farm. The license is for a period of one year and the license fee is $100, which covers any number of events conducted on the farm. DIAL is required to adopt rules as necessary to administer and enforce these provisions, which may provide for (1) food safety, (2) sanitary facilities, (3) fire control, and (4) the possibility of moving an event inside due to unforeseen circumstances.9. COTTAGE FOODS —— BACKGROUND. A cottage food is a food produced at a private residence that is not a time/temperature control for safety food. A cottage food is exempt from all licensing, permitting, inspection, packaging, and labeling laws of the state if the food is sold and delivered by the producer directly to the consumer or delivered by mail or by an agent of the producer. Cottage food sold in such manner must be affixed or labeled with information to identify the name and contact information of the person preparing the food, the common name of the food, the ingredients, a disclaimer, and, if the food is home-processed and home-canned pickles, vegetables, or fruits, the date that the food was processed and canned. COTTAGE FOODS —— BILL’S PROVISIONS. The bill provides that a cottage food may be sold to a food establishment commonly referred to as a grocery store (selling a food sold for intended preparation or consumption off premises). The food establishment cannot intermingle cottage food with other food. The food establishment cannot store cottage food and other food on the same shelf or as part of the same display. Packaged cottage food must be affixed or labeled with the same information required to be affixed or labeled with cottage food that is delivered directly to consumers. The food establishment must post a notice advertising that the food is cottage food and make available a fact sheet with the same information required to be affixed or labeled to a packaged cottage food. DISTRIBUTION OF RAW MILK AND ASSOCIATED PRODUCTS —— BACKGROUND. Under Code chapter 195, a milk producer may elect to produce, process, market, or distribute raw milk, or to use the raw milk to manufacture, market, or distribute a raw milk product or raw milk dairy product.9). Generally, raw milk or its associated products must be distributed directly to an individual customer at the raw milk dairy or to a location specified by the customer. However, a person cannot deliver the raw milk or associated product to a place of business where food or food items are distributed on a retail basis, including but not limited to a home food processing establishment, food establishment, or farmers market. DISTRIBUTION OF RAW MILK AND ASSOCIATED PRODUCTS —— BILL’S PROVISIONS. The bill provides that a home food processing establishment or a food establishment operating under a valid license to sell or otherwise distribute food for off-premises consumption may also sell raw milk or associated products if (1) the home food processing establishment or food establishment is located on the raw dairy farm, (2) the raw milk producer is acting in compliance with Code chapter 195, and (3) the raw milk is produced and any associated products are manufactured on the raw milk dairy farm in compliance with that Code chapter. EMERGENCY RULES. DIAL must adopt rules to implement the bill on an emergency basis, which rules are to take effect within 180 days of the effective date of the bill. EFFECTIVE DATE. The bill takes effect upon enactment.