HB 2750 — An Act amending Title 3 (Agriculture) of the Pennsylvania Consolidated Statutes, in food protection, further providing for definitions, for license required and for applicability, providing for microenterprise home kitchen operation and further providing for definitions.

Summary

Micro-Enterprise Home Kitchen Operations

Bill Text

• Printer's No. 3841 View text Current

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This bill establishes regulations for microenterprise home kitchen operations within Pennsylvania's food safety statutes.

• Section 5702

  "Microenterprise home kitchen operation." A home that is registered with a licensor to sell and deliver directly to a consumer a homemade food item.

  Defines 'microenterprise home kitchen operation' to authorize home-based food sales.

• Section 5702

  An establishment which stores, prepares, packages, vends, offers for sale or otherwise provides food for human consumption → An establishment which stores, prepares, packages, vends, offers for sale or otherwise provides food for human consumption and which relinquishes possession of food to a consumer directly, or indirectly, through a delivery service such as home delivery of grocery orders or delivery service provided by common carriers.

  Clarifies that the definition of 'retail food establishment' includes microenterprise home kitchen operations.

• Section 5703(e)

  A licensor shall inspect the premises of a microenterprise home kitchen operation. Inspections shall be limited to the home kitchen, locations of the home where homemade food items and ingredients are stored and bathrooms in the home for the purpose of ensuring that there is a functioning hand washing sink and liquid soap.

  Mandates inspections for microenterprise home kitchen operations focusing on specific areas of the home.

• Section 5703(j)

  For licensure of a retail food facility that is a microenterprise home kitchen operation, an amount not to exceed $50.

  Sets a fee cap for licensing microenterprise home kitchen operations.

• Section 5712

  The → Except for a microenterprise home kitchen operation, the

  Excludes microenterprise home kitchen operations from the general non-applicability of the food safety regulations for foods prepared in private homes.

• Section 5713.1

  § 5713.1. Microenterprise home kitchen operation. (a) Requirements.--A microenterprise home kitchen operation shall: (1) Produce homemade food items only in a home kitchen. (2) Comply with Chapter 65 (relating to food employee certification). (3) Operate in accordance with this chapter. (4) Sell and deliver homemade food items in accordance with this section.

  Establishes requirements for microenterprise home kitchen operations regarding food production and sales.

• Section 5713.1

  A licensor may not require a microenterprise home kitchen operation to do any of the following: (1) Use commercial kitchen equipment or other specialized kitchen equipment such as a three-compartment sink. (2) Alter the structure or design of the home kitchen. (3) Install or modify venting in the home kitchen. (4) Require a certain countertop be used in a home kitchen. (5) Prevent the presence of pets from parts of the home where food is not being stored or prepared, including the kitchen when homemade food items to be sold are not being prepared.

  Prohibits licensors from imposing certain commercial kitchen requirements on microenterprise home kitchen operations.

• Section 5713.1

  A homemade food item may: (1) Not be offered or sold to a consumer from another retail food facility. (2) Be sold by a microenterprise home kitchen operation to a consumer in person or remotely, including by telephone or Internet, or by an agent of the microenterprise home kitchen operation or a third-party vendor, but must be delivered by the microenterprise home kitchen operation to the consumer in person.

  Defines the sales and delivery options for homemade food items from microenterprise home kitchen operations.

• Section 5713.1

  A microenterprise home kitchen operation may not slaughter or process meats.

  Prohibits microenterprise home kitchen operations from slaughtering or processing meats.

• Section 5722

  microenterprise home kitchen operations, → microenterprise home kitchen operations, retail food facilities, retail food establishments and public eating and drinking places and those portions of establishments operating exclusively under milk or milk products permits.

  Excludes microenterprise home kitchen operations from the definition of 'food establishment'.

Action History

1. August 27, 2026

   Referred to AGRICULTURE AND RURAL AFFAIRS, Aug. 27, 2026

Sponsors

• ROSSI · Primary
• M. MACKENZIE · Cosponsor
• MIHALEK · Cosponsor
• ROWE · Cosponsor

Subjects