AB 360

This bill allows for the limited face-to-face sale of certain homemade baked and

canned foods without a licensing requirement.

Current law requires food processing plant licenses from the Department of

Agriculture, Trade and Consumer Protection for certain facilities at which food is

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

freezing, and bottling, with specified exemptions. If the food will be sold at retail at

the same location as it was manufactured or prepared, a retail food establishment

license may also be required.

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

processing plant license or a retail food establishment license for the face-to-face

sale of nonhazardous homemade baked goods to consumers by a person who receives

less than $7,500 per year from the sale of the food, registers with DATCP, and

complies with requirements concerning training, 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 applies only 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 $7,500 per year from the

sales. This bill also creates an identical exemption from the requirement to obtain

a retail food establishment license for the sale of these canned food products.

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

that may be sold without a food processing plant license or a retail food establishment

license, about food safety, and about safe storage of baked goods, ingredients, and

packaging materials.