Wyoming Traditional Food Act.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0008

ENROLLED ACT NO. 79, HOUSE OF REPRESENTATIVES

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
food; creating the Wyoming Traditional Food Act; exempting certain
activities

involving the preparation, serv
ice
, consumption and storage of food
from licensure,
permitting,
certification
,
inspection
, packaging and labeling
; providing definitions;
providing conforming amendments;

and providing for an effective date.

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

Section 1.

W.S. 35
‑
7
‑
1701 through 35
‑
7
‑
1703 are created to read:

A
R
TICLE

17
WYOMING

TRADITIONAL FOOD
ACT

35
‑
7
‑
1
7
01.

Short title.

This
article
is
known and may be cited as the "
Wyoming
Traditional Food
Act
.
"

35
‑
7
‑
1
7
02
.

Definitions.

(a)

As used in this
article
:

(
i
)

"Traditional event
or activity
" means
an
occasion
where

potentially hazardous and not potentially hazardous
foods have traditionally
been,
and are presently, stored and prepared in
a
private home or
a
place other than
an establishment, which is
equipped for the storage and preparation of food for consumption or use in

conduct
ing
traditional activities, including but not limited to
the
p
reparatio
n of food
:

(A)

F
or family and
nonpaying
guests;

(B)

For
weddings, funerals, potluck dinn
ers
, charitable dinners and charitable cook-offs

or functions as defined in W.S. 35
‑
7
‑
110(a)(xxix)
;

(
C
)

For
the sales of donated foods which are prepared for consumption and the sales are sponsored by a nonprofit entity as a fundraiser to support its purpos
es;

(
D
)

For
outdoor activities such as picnics, barbeques, roundups, camping or outdoor work condu
cted by employees or volunteers;

(
E
)

By utilizing
kitchen equipment provided by employers as a convenience for the storage and preparation of foods for consumption on the premises by employees and
nonpaying
guests.

35
‑
7
‑
1703.

Wyoming
Traditional Food Act; purpose.

Notwithstanding any other provisions of law, there shall be no licensure, permitting, certification
,
inspection
,
packaging or labeling
require
d
by any state governmental agency or any agency of any political subdivision of the state which pertain
s
t
o the preparation, serving, use,
consumption
or storage
of foods at a traditional event or activity.
Nothing in this article shall preclude an agency from providing assistance, consultation or inspection, when requested by the traditional event or activity organizer.

Section 2.

W.S. 35
‑
7
‑
110(a)(xi)
, 35
‑
7
‑
119 by creating a new subsection (f), 35
‑
7
‑
121 by creating a new subsection (h) 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
a

home kitchen wh
ere food is
prepared and stored for family consumption, or
any
other place equipped for the preparation
, consumption
and storage of food on the premise by employees or
nonpaying
guests
;

35
‑
7
‑
119.

Fair packaging and labeling provisions.

(f
)

S
ubsection
s
(
a
)
and (c)
of this section shall not apply to
the preparation, servi
ce
, use, consumption or storage of foods at
a traditional event or activity pursuant to W.S. 35
‑
7
‑
1703
.
The definitions in W.S. 35
‑
7
‑
1702 shall apply to this subsection.

35
‑
7
‑
121.

Inspections; examinations.

(h
)

S
ubsection (
a
)

of this section shall not apply to
food
prepared for,
served,
consumed, stored or sold at a traditional event or activity pursuant to W.S. 35
‑
7
‑
1703
.
The definitions in W.S. 35
‑
7
‑
1702 shall apply to this subsection.

35
‑
7
‑
124.

License required; exemptions; electronic transmittals.

(g)

S
ubsection (a) of this section shall not apply to
food
prepared for,
served,
consumed, stored or sold at a traditional event or activity pursuant to W.S. 35
‑
7
‑
1703
.
The definitions in W.S. 35
‑
7
‑
1702 shall apply to this subsection.

Section 3.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1