HB0084 • 2020

Food freedom amendments.

AN ACT relating to marketing homemade foods; authorizing the sale of certain homemade food items by parties other than the producer of the item as specified; providing and amending definitions; making conforming changes; repealing a provision relating to consumption location; providing limitations on retail food sales; and providing for an effective date.

Taxes

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Representative Duncan
Last action: 2020-03-12
Official status: enrolled
Effective date: 7/1/2020

Plain English Breakdown

The summary provided in the candidate explanation was generally accurate but contained some unsupported details, such as specific examples of non-potentially hazardous food items and limitations on potentially hazardous foods. The bill text did not provide a comprehensive list or detailed restrictions for these categories.

Food Freedom Amendments

This law changes rules about selling homemade food, allowing more people to sell certain types of food without needing special licenses or inspections.

What This Bill Does

Defines 'non-potentially hazardous food' as items that do not need special handling to stay safe and lists examples like jams, uncut fruits and vegetables, hard candies, fudge, nut mixes, granola, coffee beans, popcorn, and baked goods without dairy or meat fillings.
Changes the definition of a 'producer' to include people who make less than 250,000 individual food items per year and earn no more than $250,000 from selling these foods.
Removes rules that said homemade food could only be sold for home use. Now it can also be sold at retail locations like shops or grocery stores.
Requires clear labeling on non-potentially hazardous food sold in retail stores to show it was made in a home kitchen and is not inspected.

Who It Names or Affects

People who make and sell homemade food
Retail shops that want to sell homemade non-potentially hazardous food items

Terms To Know

Non-potentially hazardous food: Food that does not need special handling or temperature control to stay safe.
Potentially hazardous food: Food that needs special handling, like refrigeration, to prevent harmful bacteria growth.

Limits and Unknowns

The law only applies to certain types of homemade foods and sets limits on where potentially hazardous foods can be sold.
It does not change rules for commercial food establishments or grocery stores selling inspected products.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0084H2001

2nd reading • Representative Wilson

Failed

Plain English: The amendment removes two items, jams and pickled vegetables, from a list of foods that can be sold under certain conditions.

Removes 'jams' from the list of food items that can be sold.
Removes 'pickled vegetables' from the same list.

The amendment does not explain why these two items are being removed or what impact this will have on the bill's overall purpose.

HB0084H2002

2nd reading • Representative Yin

Adopted

Plain English: The amendment changes the definition of 'Producer' to include individuals who grow, harvest, prepare or process food and drink products on their property, with limits on annual production volume and gross revenue.

Adds a new definition for 'Producer' that includes people growing, harvesting, preparing, or processing food and drinks on their own land.
Limits the number of individual food or drink items a producer can make each year to no more than 250,000.
Sets an annual gross revenue limit of $500,000 for producers.

The amendment only provides new definitions and does not explain how these changes will affect existing laws or regulations.

HB0084H3001

3rd reading • Representative Duncan

Adopted

Plain English: The amendment removes a specific change made by an earlier version of the bill.

Removes a previous amendment that was added to the bill.

It is unclear what exact changes were removed without seeing the text of the previous amendment.

HB0084HW001

Committee of the Whole • Representative Duncan

Adopted

Plain English: The amendment modifies the bill to remove certain provisions about food consumption locations and adds new sections that exempt homemade foods from state regulations while requiring clear labeling for such products sold in retail settings.

Removes a provision related to where food can be consumed.
Adds a section stating that homemade food items produced, sold, and consumed according to the Wyoming Food Freedom Act are exempt from state licensing, inspection, packaging, and labeling requirements.
Inserts new language requiring clear labeling for non-potentially hazardous homemade foods sold in retail locations or grocery stores.

The amendment text does not provide details on how the exemptions will be enforced or what specific labeling must appear on products.

HB0084HS001

Standing Committee • House Agriculture, State and Public Lands & Water

Adopted

Plain English: The amendment modifies the list of food items that can be sold and changes some definitions related to retail sales.

Removes 'soup mixes' from a list of allowed food items.
Replaces 'pasta' with 'excluding meat based soup mixes, coffee beans,' in another part of the bill.
Deletes 'or grocery store' from a sentence about where certain foods can be sold.
Adds an exclusion for specific establishments defined by Wyoming Statute 35-7-110(a)(xi) when discussing retail food sales.

The amendment text does not provide full context, so the exact impact of these changes on the overall bill is unclear without reviewing the entire bill.

HB0084S2001

2nd reading • Senator Boner

Adopted

Plain English: The amendment removes the requirement that homemade food items must be for home consumption only.

Removes the phrase 'for home consumption' from a section of the bill.

It is unclear what specific sections or definitions this change will affect without more context about the original language.

HB0084SS001

Standing Committee • Senate Labor, Health and Social Services Committee

Adopted

Plain English: The amendment changes a specific monetary limit in the bill from $500,000 to $250,000.

Changes the maximum fine for certain violations from $500,000 to $250,000.

The exact context and reason behind this change are not provided in the amendment text.

Bill History

2020-03-12 LSO
Assigned Chapter Number 69
2020-03-12 Governor
Governor Signed HEA No. 0043
2020-03-09 Senate
S President Signed HEA No. 0043
2020-03-06 House
H Speaker Signed HEA No. 0043
2020-03-06 LSO
Assigned Number HEA No. 0043
2020-03-06 House
H Concur:Passed 54-4-2-0-0
2020-03-05 House
H Received for Concurrence
2020-03-05 Senate
S 3rd Reading:Passed 30-0-0-0-0
2020-03-04 Senate
S 2nd Reading:Passed
2020-03-03 Senate
S COW:Passed
2020-03-02 Senate
S Placed on General File
2020-03-02 Senate
S10 - Labor:Recommend Amend and Do Pass 5-0-0-0-0
2020-02-28 Senate
S Introduced and Referred to S10 - Labor
2020-02-28 Senate
S Received for Introduction
2020-02-27 House
H 3rd Reading:Passed 47-11-2-0-0
2020-02-26 House
H 3rd Reading:Laid Back
2020-02-25 House
H 2nd Reading:Passed
2020-02-24 House
H COW:Passed
2020-02-21 House
H Placed on General File
2020-02-21 House
H05 - Agriculture:Recommend Amend and Do Pass 9-0-0-0-0
2020-02-11 House
H Introduced and Referred to H05 - Agriculture 59-0-1-0-0
2020-02-07 House
H Received for Introduction
2020-01-31 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 20LSO-0288
Bill No.:

HB0084

Effective:

7/1/2020 12:00:00 AM

LSO No.:

20LSO-0288

Enrolled Act No.:

HEA No. 0043

Chapter No.:

69

Prime Sponsor:

Duncan

Catch Title:

Food freedom amendments.

Subject:

Food freedom amendments.

Summary/Major Elements:

The act revises the Food Freedom Act by removing some restrictions on the parties who are authorized to sell certain food products and where the food can be consumed.

The act provides definitions of "potentially hazardous food" and "non-potentially hazardous food" and specifies that non-potentially hazardous food may be sold by persons who are not the producer of the food.

The act amends the definition of "producer" for purposes of the Food Freedom Act to be a person who does not produce more than two hundred fifty thousand (250,000) individual food or drink products annually and does not exceed two hundred fifty thousand dollars ($250,000.00) in gross revenue annually from the food and drink products.

The act also repeals a provision that specified that food sold pursuant to the Food Freedom Act was for home consumption only.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text

20LSO-0288

ORIGINAL House

ENGROSSED
Bill No
.
HB0084

ENROLLED ACT NO. 43,

HOUSE OF REPRESENTATIVES

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session

AN ACT relating to marketing homemade foods; authorizing the sale of certain homemade food items by parties other than the producer of the item as specified; providing and amending definitions; making conforming changes; repealing a provision relating to consumption location; providing limitations on retail food sales; and providing for an effective date.

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

Section 1.

W.S. 11
‑
49
‑
102(a)(vi), by creating new paragraphs (ix) and (x) and by renumbering (ix) as (xi) and 11
‑
49
‑
103(a)(intro), (b), (c)(i), (vi), (d)(intro), (e) and by creating a new subsection (k) are amended to read:

11
‑
49
‑
102.

Definitions.

(a)

As used in this act:

(vi)

"Producer" means any person who grows, harvests, prepares or processes any food or drink products on the person's owned or leased property
, does not produce more than two hundred fifty thousand (250,000) individual food or drink products annually and does not exceed two hundred fifty thousand dollars ($250,000.00) in gross revenue annually from the food and drink products
;

(ix)

"Non
‑
potentially hazardous food" means food that does not require time or temperature control for safety including limiting pathogenic microorganism growth or toxin formation. "Non
‑
potentially hazardous food" includes, but is not limited to, jams, uncut fruits and vegetables, pickled vegetables, hard candies, fudge, nut mixes, granola, dry soup mixes excluding meat based soup mixes, coffee beans, popcorn and baked goods that do not include dairy or meat frosting or filling or other potentially hazardous frosting or filling;

(x)

"Potentially hazardous food" means food that requires time or temperature control for safety including limiting pathogenic microorganism growth or toxin formation. "Potentially hazardous food" includes, but is not limited to, foods requiring refrigeration, dairy products, quiches, pizzas, frozen doughs, meat and cooked vegetables and beans;

(ix)
(xi)

"This act" means W.S. 11
‑
49
‑
101 through 11
‑
49
‑
103.

11
‑
49
‑
103.

Wyoming Food Freedom Act; purpose; exemptions; assumption of risk.

(a)

The purpose of the Wyoming Food Freedom Act is to allow for a producer's production and sale of homemade food or drink products for an informed end
consumer's home consumption
consumer
and to encourage the expansion of agricultural sales at farmers markets, ranches, farms and producers' homes by:

(b)

Unless otherwise provided in this section, h
omemade food products produced, sold and consumed in compliance with the Wyoming Food Freedom Act shall be exempt from state licensure, permitting, inspection, packaging and labeling requirements.

(c)

Transactions under this act shall:

(i)

Be directly between the
producer
seller
and the informed end consumer
. The seller of a homemade food product consisting of non
‑
potentially hazardous food may be the producer of the item, an agent of the producer or a third party vendor including a retail shop or grocery store as long as the sale is made in compliance with this act. The seller of a homemade food item consisting of
potentially hazardous food shall be the producer of the item
;

(vi)

Only occur at farmers markets, farms, ranches, producer's homes or offices
, the retail location of the third party seller of non
‑
potentially hazardous foods
or any location the producer and the informed end consumer agree to.

(d)

Except for raw, unprocessed fruits and vegetables, food shall not be sold or used in any commercial food establishment unless the food has been labeled, licensed, packaged, regulated or inspected as required by law. Nothing in this section shall prohibit the sale of homemade food
for home consumption
from a retail space located at the ranch, farm or home where the food is produced
or at the retail location of a third party seller for non
‑
potentially hazardous food
. A retail space selling homemade food under this section shall inform the end consumer that the homemade food has not been inspected and shall display a sign indicating that the homemade food has not been inspected. If
the
a
retail space
selling potentially hazardous food
is in any way associated with a commercial food establishment or offers for sale any inspected product, the retail space selling
potentially hazardous
homemade food shall comply with rules adopted by the department of agriculture which shall require:

(e)

The producer shall inform the end consumer that any food product or food sold at a farmers market or through ranch, farm or home based sales pursuant to this act is not certified, labeled, licensed, packaged, regulated or inspected.
A third party seller offering non
‑
potentially hazardous food for sale pursuant to this act shall inform the end consumer that the homemade food is not certified, labeled, licensed, packaged, regulated or inspected.

(k)

In addition to the requirements of this section, for sales of non
‑
potentially hazardous food at a retail location or grocery store the food shall not be displayed or offered for sale on the same shelf or display as food produced in a licensed establishment and shall be clearly and prominently labeled with "this food was made in a home kitchen, is not regulated or inspected and may contain allergens".

Section 2.

W.S. 11
‑
49
‑
103(c)(ii) is repealed.

Section 3
.

This act is effective July 1, 2020
.

(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

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