Modifies provisions relating to homemade food

SECOND REGULAR SESSION
HOUSE BILL NO. 3108
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE SASSMANN.
6777H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 196.298, RSMo, and to enact in lieu thereof one new section relating to
homemade food.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 196.298, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 196.298, to read as follows:
196.298. 1. As used in this section, unless the context otherwise requ ires , the
2 following terms shall mean:
3 (1) "Baked good", includes cookies, cakes, breads, danish, donuts, pastries, pies, and
4 other items that are prepared by baking the item in an oven. A baked good does not include a
5 potentially hazardous food item as defined by department rule;
6 (2) ["Cottage food production operation", an individual operation out of the
7 individual's home who:
8 (a) Produces a baked good, a canned jam or jelly , or a dried herb or herb mix for sale
9 at the individual's home; and
10 (b) Sells the food produced under paragraph (a) of this subdivision only directly to
11 consumers;
12 (3) ] "Department", the department of health and senior services;
13 [ (4) ] (3) "End consumer", the last person to pur chase a pr oduct who does not
14 r esell the prod uct;
15 (4) "Home", a primary residence that contains a kitchen and appliances designed for
16 common residential usage ;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (5) "Homemade food" or "homemade food pr oduct", a food or drink pr oduct
18 that is prod uced and, if packaged, packaged at the private home of the prod ucer;
19 (6) "Informed end consumer", an end consumer of a pr oduct who has been
20 informed that the pr oduct is not certified, labeled, licensed, packaged, regul ated, or
21 inspected;
22 (7) "Non-potentially hazardous food", food that does not req uire time or
23 temperatur e control for safety including, but not limited to, baked goods, jams, jellies,
24 dried herbs or herb mixes, and other similar items as defined by department rule;
25 (8) "Potentially hazardous food", food that requ ires time or temperatur e contr ol
26 for safety to limit pathogenic micr oorganism gr owth or toxin formation, as defined by
27 department rule;
28 (9) "Prod ucer", an individual operating out of the individual's home who:
29 (a) Pr oduces a homemade food product for sale at the individual's home; and
30 (b) Except as specifically allowed in this section, sells the food prod uced under
31 paragraph (a) of this subdivision only dir ectly to consumers .
32 2. A [ cottage food production operation ] pro ducer's operation is not a food service
33 establishment , and homemade food pr oducts prod uced, sold, or consumed in compliance
34 with this section shall not be subject to any health or food code laws or regulations of the
35 state or department other than this section and rules promulgated thereunder for a [ cottage
36 food production operation ] pr oducer .
37 3. [ (1) ] T ransactions under this section shall be dir ectly between the prod ucer
38 and the informed end consumer , except as otherwise permitted under this section. A
39 pr oducer may use a designated agent to facilitate a transaction. A prod ucer , a
40 designated agent of the pro ducer , or a third-party vendor , including a ret ail shop or
41 gr ocery store, may sell eggs, dairy pro ducts, or homemade food pr oducts consisting of
42 non-potentially hazardous food as long as the sale is made in compliance with this
43 section.
44 4. T ransactions under this section shall occur in this state and shall not involve
45 interstate commer ce.
46 5. T ransactions under this section shall not involve the sale of meat prod ucts
47 unless:
48 (1) The sale of meat occurs at a farmers' market; a farm; a ranch; a prod ucer's
49 home or office; the reta il location of a third-party seller of non-potentially hazardous
50 food, eggs, or dairy pr oducts; or any location the pr oducer and the informed end
51 consumer agr ee to; and
52 (2) Any of the following applies:
53 (a) The sale is of poultry or poultry pr oducts, pr ovided that:
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54 a. The pr oducer slaughters not mor e than one thousand poultry birds of his or
55 her own raising during the calendar year;
56 b. The pro ducer does not engage in buying or selling poultry pr oducts other than
57 those prod ucts prod uced fro m poultry of his or her own raising; and
58 c. The poultry or poultry pr oduct is not adulterated or misbranded;
59 (b) The sale is of live animals;
60 (c) The sale is of portions of live animals before slaughter for delivery at a futur e
61 date;
62 (d) The sale is of domestic rabbit meat;
63 (e) The sale is of farm-raised fish, pro vided that:
64 a. The fish is raised in accordance with applicable state statutes; and
65 b. The fish is not catfish; or
66 (f) The sale of meat is in accordance with an animal share agreement.
67 6. (1) A local health department shall not regulate the production of food at a [ cottage
68 food production operation ] pr oducer's operation .
69 (2) Each local health department and the department shall maintain a record of a
70 complaint made by a person against a [ cottage food production operation ] pro ducer .
71 [ 4. ] 7. Homemade food or uninspected food shall not be served or utilized as an
72 ingr edient at a commer cial food establishment. Nothing in this section shall proh ibit the
73 sale of homemade food from a ret ail space located at a ranch, farm, or home wher e the
74 food is pro duced or at a ret ail location of a third-party seller of non-potentially
75 hazardous food, eggs, or dairy prod ucts. A reta il space selling homemade food under
76 this section shall inform the end consumer that the homemade food has not been
77 inspected and shall display a sign indicating that the homemade food has not been
78 inspected. If a ret ail space selling potentially hazardous food, except eggs or dairy
79 pr oducts, is associated with a commer cial food establishment or offers for sale any
80 inspected food pro duct, the following req uirements shall apply:
81 (1) The reta il space shall be physically separated fr om the commer cial food
82 establishment with a separate door and cash regi ster or point of sale;
83 (2) Each separate space shall include a sign or other markings clearly indicating
84 which spaces offer inspected food items for sale and which spaces offer uninspected
85 items; and
86 (3) Coolers, fr eezers, and wareh ouse or other storage area s shall be separated to
87 pr ohibit intermingling of inspected and uninspected items.
88 8. The department shall promulgate rules requiring a [ cottage food production
89 operation ] pr oducer to label all of the foods described in this section which the operation
90 intends to sell to consumers. The label shall include the name and address of the [ cottage
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91 food production operation ] prod ucer's operation and a statement that the food is not
92 inspected by the department or local health department. The prod ucer shall inform the end
93 consumer that any food pro duct or food sold at a farmers' market or thr ough ranch,
94 farm, or home-based sales under this section is not certified, labeled, licensed, packaged,
95 r egulated, or inspected. A third-party seller offering non-potentially hazardous food,
96 eggs, or dairy prod ucts for sale under this section shall inform the end consumer that
97 the homemade food is not certified, labeled, licensed, packaged, r egulated, or inspected.
98 [ 5. ] 9. A [ cottage food production operation ] pr oducer shall not sell any foods
99 described in this section through the internet unless both the [ cottage food production
100 operation ] pro ducer and the purchaser are located in this state and any potentially
101 hazardous food is deliver ed dir ectly fr om the prod ucer to the informed end consumer .
102 [ 6. ] 10. Nothing in this section shall be construed to prohibit the authority of the
103 department of health and senior services or local health departments to conduct an
104 investigation of a food-borne disease or outbreak.
105 1 1. Nothing in this section shall be construed to change the requ irem ents for
106 brand inspection or animal health inspections.
107 12. Nothing in this section shall be construed to pr eclude an agency fr om
108 pr oviding assistance, consultation, or inspection at the req uest of the pr oducer .
109 13. In addition to the transactions allowed under this section, pr oducers may sell
110 homemade food pr oducts, eggs, and dairy pro ducts to the maximum extent permitted by
111 federal law . The department shall not promulg ate any standard for food and health
112 inspection that is applicable to food r egulated under this section that is mor e stringent
113 than a standard established by the United States Department of Agricultur e, and
114 nothing in this section shall be construed to be mor e res trictive than applicable federal
115 r equir ements.
✔
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