Wyoming Food Freedom Act.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0006

HOUSE BILL
NO.
HB0011

Wyoming
Food Freedom Act.

Sponsored by:
Joint Agriculture, State and
Public

Lands
and Water Resources Interim Committee

A BILL

for

AN ACT relating to
agriculture; creating the Wyoming Food Freedom Act; exempting certain sales from licensure, certification and inspection; 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. 11
‑
49
‑
101 through 11
‑
49
‑
10
3
are created to read:

CHAPTER 49
WYOMING
FOOD FREEDOM ACT

11
‑
49
‑
101.

Short title.

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

11
‑
49
‑
102.

Definitions.

(a)

As used in this
article
:

(i)

"Delivery" means the transfer of a product resulting from a transaction between a producer, or by the producer's designated agent, and an informed end consumer. The delivery may occur at a farm, ranch, farmers market, home, office or any location agreed to between the producer
and the informed end consumer;

(i
i
)

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

(i
ii
)

"Home consumption" means consumed within a private home;

(
i
v)

"Homemade" means food that is prepared in a private home kitchen
,
and
the food
is not licensed, inspected or regulated;

(v)

"Informed end consumer" means a person who is the last person to purchase any product, who does not resell the product and who has been informed that the product is not licensed, regulated or inspected;

(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
‑
49
‑
103.

Wyoming
Food Freedom Act; purpose.

(a)

The purpose of the Wyoming Food Freedom Act is to allow for the sale and consumption of homemade foods and to encourage the expansion and accessibility of farmers markets, ranch, farm and home based sales and producer to informed end consumer agricultural sales by:

(i)

Facilitat
ing the purchase and consumption of fresh and local agricultural products;

(ii)

Enhancing the agricultural economy;

(i
ii
)

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

(
i
v)

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

(b)

Any producer who is selling his product only at farmers markets or by ranch, farm and home based sales directly to the informed end consumer is exempt
:

(i)

F
rom licensing required by W.S. 35
‑
7
‑
124(g)
; and

(ii)

From inspection required by W.S. 35
‑
7
‑
121.

(c)

Product transactions under this section shall:

(i)

Be
directly
between
the producer and the informed end consumer
;

(ii)

Only be for home consumption;

(iii)

Occur only in
Wyoming
;

(i
v
)

Not involve
interstate
commerce;

(
v)

Not be subject to licensing, regulation
or inspection.

(d)

Except for raw, unprocessed fruit and vegetables, food shall not be sold or used in any commercial food establishment unless t
he food
has been licensed, regulated or inspected.

(e)

Any product sold at a farmers market shall be labeled and signs shall be conspicuously posted informing consumers that the product is not licensed, regulated or
inspected.

(f)

Not potentially hazardous food as defined by W.S. 35
‑
7
‑
110(a)(xxx) shall not be licensed, regulated or inspected, if it is sold at a farmers market or sold from a

producer to an informed end consumer.

(
g
)

Nothing in this
article
shall be construed to impede the
Wyoming
department of health in any investigation of an outbreak of food borne illness.

(
h
)

Nothing in this
article
shall be construed to change the requirements for brand inspection or animal health inspections.

Section 2.

W.S. 35
‑
7
‑
110(a)
by creating a new paragraph
(x
xx
i)
and

by renumbering paragraph (xxxi) as (xxxii)
and 35
‑
7
‑
124 by creating a new subsection (g)
are
amended to read:

35
‑
7
‑
110.

Definitions.

(a)

As used in this act:

(x
xx
i)

"Commercial establishment" means and includes any place or any area of any establishment that is a wholesale or retail business
where
foods, drugs, devices and cosmetics are displayed for sale, manufactured, processed, packed, held or stored. "Commercial establishment" shall not include
:

(A)

A
ny
farmers market
; or

(B)

Any
business or person engaged in transactions
pursuant to
W.S. 11
‑
49
‑
10
3
(
b
)
;

(xxxi)
(xxxii)

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

35
‑
7
‑
124.

License required; exemptions; electronic transmittals.

(g)

The provisions of subsection (a) of this section shall not apply to a producer selling food directly to the informed end consumer at
a
farmers market
or
by ranch, farm
or
home based sales pursuant to W.S. 11
‑
49
‑
103
. The definitions in W.S. 11
‑
49
‑
102 shall apply to this subsection.

Section 3.

This act is effective July 1, 2011.

(END)

1
HB0011