SB 435

Current law requires food processing plant licenses from the Department of

Agriculture, Trade and Consumer Protection (DATCP) for certain facilities at which

food is manufactured or prepared for sale through processes such as baking, canning,

freezing, and bottling, with specified exemptions.

This bill provides an exemption from the requirement to obtain a food

processing plant license for the face-to-face sale of nonhazardous homemade baked

goods to consumers by a person who receives less than $10,000 per year from the sale

of the food, registers with DATCP, takes a class on food safety approved by DATCP,

and complies with requirements concerning labeling, signage, and documenting

sales. A baked good is nonhazardous if it is acidic or has a low amount of moisture

and will not support the growth of dangerous organisms. The bill prohibits door to

door sales under the exemption.

Current law provides an exemption from the requirement to obtain a food

processing plant license for the sale of food products, such as pickles, that are

prepared and canned by a person at home if certain requirements are met. Under

current law, the sales of the canned products must take place at a community or

social event or a farmer's market. This bill replaces that requirement with a

requirement that the sales be face-to-face sales to consumers, but prohibits door to

door sales. Under current law, the exemption only applies if the person receives less

than $5,000 per year from the sale of the canned products. Under this bill, the

exemption applies if the person receives less than $10,000 per year from the sales.

The bill also requires DATCP to provide information about the kinds of foods

that may be sold without a food processing license, about food safety, and about safe

storage of baked goods, ingredients, and packaging materials.