Wyoming Food Freedom Act.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0014

HOUSE BILL
NO.
HB0193

Wyoming
F
ood Freedom
Act.

Sponsored by:

Representative(s) Wallis, Carson, Hallinan, Harvey and Landon and Senator(s) Vasey

A BILL

for

AN ACT relating to
agriculture; creating the
Wyoming
Food

Freedom Act
;
exempting certain sales from licensure, certification and inspection;
providing definitions;
and
providing for an effective date.

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

Section 1.

W.S. 11
‑
48
‑
101
through
11
‑
48
‑
10
3
are created to read:

CHAPTER 48
WYOMING
F
OOD FREEDOM ACT

11
‑
48
‑
101.

Short title.

This
chapter is
known and may be cited as the "
Wyoming
F
ood Freedo
m Act
".

11
‑
48
‑
102
.

Definitions.

(a)

As used in this chapter:

(i)

"
Agent" means a person who conducts commerce on behalf of a producer or a processor;

(ii)

"
Agri-tourism" means a style of vacation that normally takes place on a farm or ranch and includes any farm or ranch that is open to the public at least part of the year. Agri-tourism may include the opportunity to participate in agricultural tasks,
including
harvest
ing
fruits and vegetables, rid
ing
horses, tast
ing
honey, learn
ing
about wine
and
shop
ping
in farm or ranch gift shops and farm stands for local and regional agricultural produce or hand
-
crafted gifts;

(iii)

"End consumer" means a person who is the last person to purchase any product or preparation and who does not resell the product or preparation;

(iv)

"Home consumption" means consumed within a private home;

(v)

"Processor" means any person who processes or prepares products of the soil or animals for food or drink;

(vi)

"
Producer
"
means any person who harvests any product of the soil
or animals
for food or drink;

(vii)

"Transaction"
means the exchange of buying and selling
.

11
‑
48
‑
10
3
.

Wyoming

Food Freedom Act; purpose.

(a)

The
purpose of the Wyoming
F
ood Freedo
m
Act is to encourage the expansion and accessibility of farmers
'
markets,
roadside stands,
ranch and farm based sales and producer to
end
consumer agricultural sales by:

(i)

Promoting the purchase and consumption of fresh and local agricultural products;

(ii)

Enhancing the agricultural economy;

(iii)

Encouraging agri
-
tourism opportunities in
Wyoming
;

(iv)

Providing
Wyoming
citizens with unimpeded access to healthy food from know
n
sources
; and

(v)

Encouraging the expansion and accessibility of farmers
'
markets,
roadside stands,
ranch and farm based sales and direct producer to
end
consumer agricultural sales.

(b)

Any
producer or processor that is selling his product
only
at farmers' markets, roadside stands or by ranch and farm based sales directly to the
end
consumer is exempt from licensing
required by
W.S. 35
‑
7
‑
124(
g
).

(c)

Notwithstanding any other provision of law, t
here s
hall be
no licensure, certification or inspection by any
state
governmental agency
or any agency of any political subdivision of the state
provided there is only one (1) transaction between the producer
, the processor, the producer's agent or the processor's agent
and the
end
consumer
when the food is
for home consumption
.

Section 2.

W.S. 35
‑
7
‑
124 by creating a new subsection (g) is amended to read:

35
‑
7
‑
124.

License required; exemptions; electronic transmittals.

(g)

The provisions of subsection (a) of this section shall not apply to
a producer or processor selling food directly to the end consumer
at
farmers' markets, roadside stands or by ranch and farm based sales
pursuant to W.S. 11
‑
48
‑
103
.
The definitions in W.S. 11
‑
48
‑
102 shall apply to this subsection.

Section
3
.

This act is effective July 1, 2009.

(END)

1
HB0193