Food freedom act-2.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0567

HOUSE BILL
NO.
HB0228

Food freedom act-2.

Sponsored by:
Representative(s) Eklund, Semlek, Wallis and Zwonitzer, Dn.

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;

(ii)

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

(iii)

"Food product" means
any product of the soil or animals for food or drink
, but does not include milk or meat
or products containing milk or meat
;

(i
v
)

"Home consumption" means consumed within a private home;

(v)

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

(v
i
)

"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
by a state or local governmental entity
;

(v
i
i)

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

(vi
i
i)

"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 food
products
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)

Facilitating 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
food
product only at farmers markets or by ranch, farm and home based sales directly to the informed end consumer is exempt:

(i)

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

(ii)

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

(c)

Food p
roduct 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
;

(iv)

Not involve interstate commerce;

(v)

Not be subject to licensing, regulation or inspection.

(d)

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

(e)

Any
food
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)

Food defined as "n
ot potentially hazardous
"
by W.S. 35
‑
7
‑
110(a)(xxx)
is
not
required to
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 (xxxi) 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:

(xxxi)

"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
‑
103(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
products
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
HB0228