Back to Wyoming

HB0118 • 2021

Food freedom act amendments.

AN ACT relating to marketing homemade foods; authorizing the sale of eggs as specified; amending provisions to allow for the sale of homemade foods in accordance with federal exemptions to the maximum extent possible; and providing for an effective date.

Enacted

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

Sponsor
Representative Duncan
Last action
2021-03-30
Official status
enrolled
Effective date
7/1/2021

Plain English Breakdown

The official source material does not provide specific details about the conditions under which eggs and homemade foods are sold through third-party vendors.

Food Freedom Act Amendments

This law allows for the sale of homemade foods and eggs to the extent permitted by federal laws, ensuring state regulations are not more restrictive than federal requirements.

What This Bill Does

  • Allows the sale of homemade food products consisting of non-potentially hazardous food through third-party vendors like grocery stores as long as it complies with this act's rules.
  • Permits the sale of eggs under conditions allowed by federal regulations.
  • Ensures that state laws about homemade foods are not more restrictive than what is required by federal law.

Who It Names or Affects

  • People who sell homemade food and eggs
  • Grocery stores or other third-party vendors selling homemade food products

Terms To Know

Non-potentially hazardous food
Food that is not likely to cause illness if stored at room temperature.
Potentially hazardous food
Food that can easily grow harmful bacteria and needs special handling or storage.

Limits and Unknowns

  • The law only applies as far as federal laws allow.
  • It does not change the requirement for direct sales between seller and consumer except where specified.

Amendments

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

HB0118H3001

3rd reading • Representative Yin

Failed

Plain English: The amendment changes parts of a bill about homemade foods to focus specifically on eggs.

  • Replaces references to 'homemade foods' with 'eggs'.
  • Modifies language related to federal requirements to specify those applicable to the sale of eggs.
  • The amendment text does not provide details about how exactly the changes will affect the sale or marketing of eggs beyond mentioning federal requirements.
HB0118HW001

Committee of the Whole • Representative Duncan

Corrected, Adopted

Plain English: The amendment changes how a bill about selling homemade foods is written, making it clearer that people can sell such foods and eggs as much as allowed by federal rules.

  • Removed the word 'for' after 'provisions' to make the sentence flow better.
  • Replaced 'consistency and clarity' with new wording to explain that homemade food sales should follow federal exemptions as much as possible.
  • Changed a reference from 'paragraph (vii)' to 'subsection (m)', which adds a new section about selling foods and eggs according to federal rules.
  • Removed lines 13 through 16 on page 2, which contained old or unnecessary information.
  • The exact impact of these changes on how homemade food can be sold is not fully explained in the amendment text.

Bill History

  1. 2021-03-30 LSO

    Assigned Chapter Number 42

  2. 2021-03-30 Governor

    Governor Signed HEA No. 0028

  3. 2021-03-26 Senate

    S President Signed HEA No. 0028

  4. 2021-03-26 House

    H Speaker Signed HEA No. 0028

  5. 2021-03-26 LSO

    Assigned Number HEA No. 0028

  6. 2021-03-25 Senate

    S 3rd Reading:Passed 30-0-0-0-0

  7. 2021-03-24 Senate

    S 2nd Reading:Passed

  8. 2021-03-23 Senate

    S COW:Passed

  9. 2021-03-12 Senate

    S Placed on General File

  10. 2021-03-12 Senate

    S05 - Agriculture:Recommend Do Pass 5-0-0-0-0

  11. 2021-03-10 Senate

    S Introduced and Referred to S05 - Agriculture

  12. 2021-03-09 Senate

    S Received for Introduction

  13. 2021-03-08 House

    H 3rd Reading:Passed 55-5-0-0-0

  14. 2021-03-05 House

    H 2nd Reading:Passed

  15. 2021-03-04 House

    H COW:Passed

  16. 2021-03-02 House

    H Placed on General File

  17. 2021-03-02 House

    H05 - Agriculture:Recommend Do Pass 8-1-0-0-0

  18. 2021-03-01 House

    H Introduced and Referred to H05 - Agriculture

  19. 2021-02-24 House

    H Received for Introduction

  20. 2021-02-10 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 21LSO-0277
Bill No.:

HB0118

Effective:

7/1/2021 12:00:00 AM

LSO No.:

21LSO-0277

Enrolled Act No.:

HEA No. 0028

Chapter No.:

42

Prime Sponsor:

Duncan

Catch Title:

Food freedom act amendments.

Subject:

Amendments to the food freedom act.

Summary/Major Elements:

The bill provides that homemade food and drink products, as well as eggs, may be sold to the maximum extent permitted by federal law, and that nothing in the food freedom act should be construed as being more restrictive than applicable federal requirements.

The act also includes a clarifying change to specify that there are exceptions within the food freedom act to the general requirement that all transactions shall be directly between the seller and informed end consumer.
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
21LSO-0277

ORIGINAL House

Bill No
.
HB0118

ENROLLED ACT NO. 28,

HOUSE OF REPRESENTATIVES

SIXTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING
2021 General Session

AN ACT relating to marketing homemade foods; authorizing the sale of eggs as specified; amending provisions to allow for the sale of homemade foods in accordance with federal exemptions to the maximum extent possible; and providing for an effective date.

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

Section 1
.

W.S. 11
‑
49
‑
103(c)(i) and by creating a new subsection (m) is amended to read:

11
‑
49
‑
103.

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

(c)

Transactions under this act shall:

(i)

Be directly between the seller and the informed end consumer
, except as otherwise provided by this act
. The seller of
eggs or
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
, except eggs,
shall be the producer of the item;

(m)

In addition to the transactions permitted under this act, homemade food producers may sell homemade food and drink products or eggs to the maximum extent permitted by federal law. Nothing in this article shall be construed to be more restrictive than applicable federal requirements.

Section 2
.

This act is effective July 1, 2021
.

(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