Wyoming homemade products.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0091.E1

HOUSE BILL
NO.
HB0011

Wyoming
homemade products.

Sponsored by:
Representative(s) Wallis and Hallinan and Senator(s) Vasey

A BILL

for

AN ACT relating to
health and safety; exempting homemade food product kitchens from licensing and inspection as specified;
modifying requirements for existing exemption for home produced foods;
providing for regulations;
providing definitions;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 35
‑
7
‑
110(a)(xi), by creating new paragraphs (xx
viii) through (xxx
)
and by renumbering paragraph (xxviii) as (xxxi), 35
‑
7
‑
119
by creating a new subse
ction (f), 35
‑
7
‑
121(a)(i), (ii) and
by creating a new subsection (h) and 35
‑
7
‑
124(e) are amended to read:

35
‑
7
‑
110.

Definitions.

(a)

As used in this act:

(xi)

"Establishment" means and includes any place or any area of any establishment in which foods, drugs, devices and cosmetics are displayed for sale, manufactured, processed, packed, held or stored
but does not include Wyoming homemade
product
operations
;

(xxviii)

"Home" means the primary residence
in Wyoming
occupied by the residence's owner, on the condition that the residence
, excluding an apartment located in the primary residence,
contains only one
(1)
stove or oven used for cooking, which may be a double oven, designed for common residen
tial
usage and not for commercial usage, and that the stove or oven be operated in an ordinary kitchen within the residence;

(xxix)

"Pot
entially hazardous food" means a nonmeat
food that is natural or synthetic, with a pH level greater than four and six tenths (4.6) or a water activity value greater than eighty-five one hundredths (.85) or that requires temperature control because it is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms, the growth and toxin production of clostridium botulinium or, in raw shell eggs, the growth of salmonella enteritidis;

(xxx)

"Wyoming homemade
product
operation" means a person who, in the person's home, produces food items including, but not limited to, bakery products that are not potentially hazardous foods, jams, jellies, candy, apple butter and similar products and are only offered for sale within the state
for home consumption
. "
Wyoming
homemade
product
operation" does not include persons processing acidic food, low acid canned foods or potentially hazardous foods;

(xxviii)
(xxxi)

"This act" means W.S. 35
‑
7
‑
109 through 35
‑
7
‑
127.

35
‑
7
‑
119.

Fair packaging and labeling provisions.

(f)

In addition to any other requirements provided by this section, a

Wyoming
homemade product operation shall
include the following information on the
label
of each of their food products:

(i)

The name
,
address
and telephone number
of the business of the
Wyoming
homemade product operation;

(ii)

The name of the food product;

(iii)

The ingredients of the food product
;

(iv)

If the product is sold by weight or volume, t
he net weight
or
volume of the food product in
weights and measures in customary use in the
United States
. If the product is not sold by weight or volume the label shall so state;

(v)

The date the product was produced; and

(v
i
)

A statement in
not less than
ten (10) point type that reads "This product is home produced
and not subject to state inspection
.
"

35
‑
7
‑
121.

Inspections; examinations.

(a)

For purposes of enforcement of this act, the director or a local health department official may, upon presenting appropriate credentials to the owner, operator or agent in charge:

(i)

Enter at reasonable time any factory, warehouse or establishment
, not including a Wyoming homemade product operation,
in which food, drugs, devices or cosmetics are manufactured, processed or packed or held for introduction into commerce or after introduction or to enter any vehicle being used to transport or hold the food, drugs, devices or cosmetics in commerce; and

(ii)

Inspect at any reasonable times and within reasonable limits and in a reasonable manner any factory, warehouse, establishment or vehicle
, not including a Wyoming homemade product operation,
and all pertinent equipment, finished and unfinished materials, containers and labeling therein, and to obtain samples necessary to the enforcement of this act, except that paragraph (i) of this subsection and this paragraph do not permit the director to inspect any establishment solely because it holds prepackaged food, drugs or cosmetics for retail sale by that establishment. The frequency of inspections shall be based on the relative food safety risk that the factory, warehouse, establishment or vehicle presents to the public, with no such facility receiving less than one (1) inspection per year;

(h)

All food products, including those produced and packaged by a Wyoming homemade product operation, are subject to food sampling conducted by the director or a representative of the director to determine if a food product is misbranded or adulterated.

In order to protect public health, the department may adopt rules regulating Wyoming homemade product operations which may include requiring the filing of documentation supporting the operation's classification as a Wyoming homemade product operation and the operator's understanding of sanitary facilities and controls.

35
‑
7
‑
124.

License required; exemptions; electronic transmittals.

(e)

The provisions of subsection (a) of this section shall not apply to
:

(i)

F
ood operators or kitchens in private homes that prepare food
that is not

other than
potentially hazardous

food
and

which is
prepared for sale or use at functions, including those operated by not for profit charitable or religious organizations
;
.

or

(ii)

For purposes of this section, "food that is not potentially hazardous" means foods prepared in a way that results in mixtures that do not support the growth of microorganisms, including cakes, cookies, dinner rolls and breads

Wyoming
homemade product operations
.

Section
2
.
This act is effective July 1, 2008.

(END)

1
HB0011