Exemptions from food product licensing requirements for sale of pickled fruits and vegetables, baked goods, and other shelf-stable food products prepared in a person’s home and granting rule-making authority. (FE)

The bill revises the eligibility criteria for the canned pickled foods exemption described in items 2) to 5) above so that both exemptions have similar eligibility criteria. Under the bill, the exemptions for home-prepared canned pickled foods and for home-prepared nonpotentially hazardous foods apply if:

1. The home producer registers with DATCP. DATCP must issue a registration number to the home producer except that, on request, DATCP may register and issue one registration number to multiple individuals residing in a household. The application for registration must include certain information, including a list of all food products sold at retail under the exemption and an ingredient list for each food product.

2. The home producer sells the food products directly to consumers at the physical address of the home producer’s business, by delivery, or at a community or social event or a farmers' market in this state.

3. Each container of food product that is sold is labeled with certain information, including the home producer’s registration number, the date the food product was prepared, the statement “This product was made in a private home,” and a list of ingredients, including the common name of ingredients that are major food allergens.

4. The home producer maintains liability insurance.

5. The home producer has total annual gross sales of applicable food products - home-prepared canned pickled foods and home-prepared nonpotentially hazardous foods - of less than $40,000.

6. If the home producer has annual gross sales of applicable food products of less than $10,000, the home producer displays a sign at the place of sale stating: “These food products are homemade and not subject to state inspection.” 7. If the home producer has annual gross sales of applicable food products of at least $10,000 but less than $40,000 (cottage food producer), at least one person was involved in preparing the food products who holds a certificate of food protection practices issued by DATCP.

Under the bill, DATCP must, by rule, require and establish a process for home inspection of cottage food producers that prepare food products that are nonpotentially hazardous foods. DATCP must issue a certificate to cottage food producers providing notice to the public that the home where the cottage food producer’s activities are conducted has been inspected.