Wyoming Food Freedom Act.

WORKING DRAFT
2010
STATE OF
WYOMING
10LSO-0239.E1

HOUSE BILL
NO.
HB0054

Wyoming
Food Freedom Act.

Sponsored by:
Representative(s) Wallis, Goggles, Hallinan, McOmie and Miller and Senator(s) Bebout

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
‑
49
‑
101 through 11
‑
49
‑
103 are created to read:

CHAPTER 4
9
WYOMING
FOOD FREEDOM ACT

11
‑
4
9
‑
101.

Short title.

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

11
‑
4
9
‑
102
.

Definitions.

(a)

As used in this chapter:

(i)

"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 harvesting fruits and vegetables, riding horses, tasting honey, learning about wine and shopping in farm or ranch gift shops and farm stands for local and regional agricultural produce or hand-crafted gifts;

(ii)

"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;

(iii)

"Farmers' market" means as defined in W.S. 35
‑
7
‑
110(a)(xxviii);

(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)

"Roadside stand" means a freestanding structure on or near a producer or processor's property;

(vii
i
)

"Traditional community social event" means an event where people gather as part of a community for the benefit of those gathering or for the community, including but not limited to

a
:

(A)

Wedding;

(B)

Funeral;

(C)

Church
or religious
social;

(D)

School event;

(
E
)

Branding;

(F
)

Potluck;

(
G
)

Neighbor
hood
gathering;

(H
)

Ladies or gentlemen club;

(J
)

Youth club.

(
ix
)

"Transaction" means the exchange of buying and selling.

11
‑
4
9
‑
10
3
.

Wyoming

Food Freedom Act; purpose.

(a)

The
purpose of the Wyoming
F
ood Freedo
m
Act is to
allow for traditional community social events
involving the sale and consumption of home made foods
and to
encourage the expansion and accessibility of farmers' markets, roadside stands, ranch
,
farm
and home
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 known 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
who
is selling his product only at farmers' markets, roadside stands or by ranch
,
farm
and home
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, there shall be no licensure, certification or inspection
required
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
or
the processor and the end consumer when the food is for home consumption
or the food is prepared for a traditional community social event
.

Section 2.

W.S.
35
‑
7
‑
110(a)(xi) and
35
‑
7
‑
124 by creating a new subsection (g)
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
.
;

"Establishment" does not include any place where home made food is prepared for a traditional community social event or the food is sold under the Wyoming Food Freedom Act;

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
,
by ranch
,
farm
and home
based sales
pursuant to W.S. 11
‑
4
9
‑
103
or prepared for, consumed or sold at
a traditional community social event
.
The definitions in W.S. 11
‑
4
9
‑
102 shall apply to this subsection.

Section 3.

This act is effective July 1, 2010.

(END)

1
HB0054