SB 285 — Relating to sale of homemade food items

CottageDirect foods;sale of homemade food items.

acidified(a) foods;The production and sale of homemade food items, when done in conformity with this section, are exempt from licensing, permitting, inspection, packaging, and labeling laws of this state.

non-potentially(b) hazardousThe foods;following conditions apply to the sale and delivery of homemade food items:

other(1) exemptedThe foods.homemade food item must be sold by the producer to the consumer, whether in person or remotely, or by an agent of the producer or a third-party vendor;

(a)and Notwithstanding(2) anyThe provisionhomemade food items must be delivered to the consumer by the producer, an agent of §16-7-1the etproducer, seq.a third-party vendor, or a third-party carrier.

of(c) thisThe codefollowing orinformation anymust rulesbe orprovided regulations to the contrary,consumer, in the departmentformat shallrequired regulateby thesubsection sale(d) of homemadethis foodsection: items.

(b) The production and sale of homemade food items under this section are exempt from all food licensing, permitting, inspection, packaging, and labeling laws of the state.  This exemption shall apply only if the conditions in this section are satisfied.

(c) Producers may sell the following homemade food items:

(1) Nonpotentially hazardous foods;

and (2) Certain other foods as determined by the department, including certain fermented products;

certain condiments;

commercially harvested mushrooms;

and canned, whole, or chopped tomatoes, tomato sauce, and tomato juice having a finished equilibrium of pH 4.6 or below.

(d) The following conditions apply to the sale and delivery of homemade food items:

(1) Homemade food items must be sold by the producer to the consumer, whether in person or remotely (e.g., by telephone or Internet);

or by an agent of the producer or a third-party vendor, such as a retail shop or grocery store, to the consumer.

(2) Homemade food items must be delivered by the producer to the consumer;

or by an agent of the producer, a third-party vendor, or a third-party carrier to the consumer.

(e) The following information must be provided to the consumer of homemade food items in the format required by subsection (f) of this section:

“Made“This inproduct was produced at a WV private kitchenresidence that is exempt from stateState licensing and inspection.

This product may contain allergens”,allergens.”. with the blank space to state whether the product was made in a home, farm, community, or commercial kitchen.

(f)(d) The information required by subsection (e)(c) of this section must be provided:

or (4) On the webpage on which the homemade food item is offered for sale, if the homemade food item is offered for sale on the Internet.Internet;

(g)or If(5) On a receipt or other document provided to the customer with the homemade food item.  (e) The homemade food item ismust soldnot bybe telephonemeat, ormeat custombyproduct, ordermeat andfood isproduct, neitherpoultry, packagedpoultry norbyproduct, inor apoultry bulkfood container,product, theas sellerthose needterms notare displaydefined for purposes of the informationfederal requiredMeat byInspection subsectionAct (e)and offederal thisPoultry section,Products butInspection Act, unless the sellerproduction mustand disclosesale toof the consumeritems thatare within the homemadeexemption foodin item:9 C.F.R.

(1)§303.1(d), Is§381.10(c), producedor at§381.10(d) aand kitchencomply thatwith isother exemptapplicable fromfederal stateregulations.  licensing(f) andThis inspection;section shall not be construed to:

and(1) (2)Impede maythe containauthority allergens.of a local health department or the department to investigate or cease the production or sale of food items reported to have caused a foodborne illness;

The(2) sellerPreclude must have the informationdepartment requiredfrom byproviding subsectionassistance, (e)consultation, ofor thisinspection sectionat readilythe availablerequest andof providethe itproducer toof thea consumerhomemade uponfood request.item;

(h)(3) APreclude permit from the departmentproduction isor requiredsale toof sell canned acidified foods not exempted in subsection (c)(2) above.  A permit is not required to sell any other homemade food items pursuantotherwise toallowed thisby section.law;

(i)(4) TheExempt departmenta shallproducer, consultseller, withthird-party thevendor, Departmentor ofthird-party Healthagent andfrom Human Resources to promulgate any rulesapplicable deemedtax necessarylaw; by the Commissioner of Agriculture to ensure the health, sanitation, and safety of the products produced and sold pursuant to this section.

(j)(5) ThisExempt actproducers shallor notsellers beof construedhomemade to:food items from any law that requires the producer, seller, third-party vendor, or third-party agent to register its business name, address, and other identification information with the state;

(1)(6) ImpedeExempt producers or sellers of homemade food items from any applicable law of the departmentfederal ingovernment, including any investigationfederal law prohibiting the sale of acertain reportedfood foodborneitems illness;in interstate commerce;

precludeor an(7) agencyExempt fromproducers providingor assistance,sellers consultation,of orhomemade inspectionfood atitems thefrom requestany ofapplicable thelaw producer of aanother homemadestate. food item;

(2)(g) PrecludeThis section preempts county, municipal, and other political jurisdictions from prohibiting and regulating the production orand sale of homemade food itemsitems: otherwise allowed by law;

(3)Provided, ExemptThat producerssuch preemption shall not include space rentals at government-owned or sellersoperated offacilities, homemadegovernment-sanctioned foodor itemsoperated fromevents, anyor applicableproduct taxplacement law;agreements with government-owned facilities, as well as temporary events 14 days or less in duration.

(4)  ExemptBill producersStatus  |  orBill sellersTracking  |  ofLegacy homemadeWV foodCode  |  itemsBulletin fromBoard  |  anyDistrict lawMaps  |  thatSenate requiresRoster  |  theHouse producerRoster  |  orLive  |  sellerBlog  |  toJobs  |  registerLinks  |  itsHome businessThis name,Web address,site andis othermaintained identificationby informationthe withWest theVirginia state;Legislature's Office of Reference & Information.

(5) Exempt producers or sellers of homemade food items from any applicable law of the federal government, including any federal law prohibiting the sale of certain food items in interstate commerce;

or (6) Exempt producers or sellers of homemade food items from any applicable law of another state.

(k) This act preempts county, municipal and other political jurisdictions from prohibiting and regulating the production and sale of homemade food items.

    Note:

The purpose of this bill is to regulate sale and distribution of homemade food.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

§19-35-2 and §19-35-5 have been rewritten, therefore they have been completely underlined.

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