SF0102 • 2023

Food Freedom Act-amendments.

AN ACT relating to marketing homemade foods; specifying that any person may sell eggs or dairy products pursuant to the Wyoming Food Freedom Act; prohibiting a state standard for food and health inspection for homemade foods that is more stringent than any standard promulgated by the United State department of agriculture; and providing for an effective date.

Agriculture

Enacted

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

Sponsor: Senator Salazar
Last action: 2023-02-27
Official status: enrolled
Effective date: 7/1/2023

Plain English Breakdown

The official source does not specify whether producers are required to inform buyers about lack of inspection.

Food Freedom Act Amendments

This act allows people to sell eggs and dairy products under certain conditions without needing special certification or inspection, as long as they follow federal standards.

What This Bill Does

Allows anyone to sell eggs and dairy products under the Wyoming Food Freedom Act.
Defines a 'designated agent' who helps producers sell their homemade foods without owning them.
Prohibits the Wyoming Department of Agriculture from setting stricter food safety standards than those set by the U.S. Department of Agriculture.

Who It Names or Affects

People who sell homemade foods, including eggs and dairy products.
The Wyoming Department of Agriculture
Consumers buying homemade foods

Terms To Know

Designated agent: A person or store chosen by a food producer to help sell their products without owning them.

Limits and Unknowns

The act does not allow homemade foods that are potentially hazardous to be sold in commercial food establishments.
It is unclear how this will affect inspections and safety for consumers buying these products.

Amendments

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

SF0102H3001

3rd reading • Representative Yin

Corrected, Failed

Plain English: The amendment allows producers to handle, slice, weigh, and package eggs and dairy products at farmers markets or from their farms or homes without needing a special license.

Producers can now handle, prepare, and sell eggs and dairy products directly at farmers markets or from their own locations without requiring a specific license.

The amendment does not specify if there are other requirements producers must still follow for selling these items.
It is unclear what the exact consequences might be if producers do not comply with any unspecified rules beyond licensing.

SF0102HS001

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

Adopted

Plain English: The amendment changes how homemade food producers can sell their products by allowing consignment models and clarifying language to facilitate direct transactions between producers and consumers.

Allows homemade food producers to use a consignment model market or food freedom store designated for sales, instead of just being employed in such places.
Clarifies that the purpose is to facilitate producer-to-consumer transactions rather than just sales purposes.
Removes language requiring employment and replaces it with utilization of designated markets or stores.
Modifies references to agents to include designated agents who can represent producers.

The amendment text does not provide full context on how these changes will be implemented in practice, which may limit understanding without additional information.

SF0102S2001

2nd reading • Senator Salazar

Adopted

Plain English: The amendment changes a specific reference in the bill from one section number to another.

Changes the text on page 2, line 14 of the bill by replacing '11-49-103' with '11-49-104'.

The amendment does not provide details about what these section numbers mean or how they affect the content of the bill.

SF0102SS001

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

Adopted

Plain English: The amendment changes the wording related to sales and marketing of homemade foods under the Wyoming Food Freedom Act.

Replaces 'to facilitate sales transactions' with 'for the purposes of sales'.
Removes the word 'to' in a sentence about state standards for food and health inspection.
Changes 'facilitate a transaction' to 'for the purposes of sales, marketing, transport, storage and delivery of food or drink products'.
Adds new text stating that homemade or uninspected food cannot be served or used as an ingredient in commercial food establishments.

The exact impact on how people sell homemade foods is not fully explained by the amendment text alone.

Bill History

2023-02-27 LSO
Assigned Chapter Number 96
2023-02-27 Governor
Governor Signed SEA No. 0051
2023-02-22 House
H Speaker Signed SEA No. 0051
2023-02-22 Senate
S President Signed SEA No. 0051
2023-02-22 LSO
Assigned Number SEA No. 0051
2023-02-22 Senate
S Concur:Passed 30-1-0-0-0
2023-02-22 Senate
S Received for Concurrence
2023-02-21 House
H 3rd Reading:Passed 62-0-0-0-0
2023-02-17 House
H 2nd Reading:Passed
2023-02-16 House
H COW:Passed
2023-02-15 House
H COW:Laid Back
2023-02-14 House
H Placed on General File
2023-02-14 House
H05 - Agriculture:Recommend Amend and Do Pass 9-0-0-0-0
2023-02-09 House
H Introduced and Referred to H05 - Agriculture
2023-01-25 House
H Received for Introduction
2023-01-25 Senate
S 3rd Reading:Passed 30-1-0-0-0
2023-01-24 Senate
S 2nd Reading:Passed
2023-01-20 Senate
S COW:Passed
2023-01-20 Senate
S Placed on General File
2023-01-20 Senate
S05 - Agriculture:Recommend Amend and Do Pass 5-0-0-0-0
2023-01-13 Senate
S Introduced and Referred to S05 - Agriculture
2023-01-12 Senate
S Received for Introduction
2023-01-12 LSO
Bill Number Assigned

Official Summary Text

Bill Summary - 23LSO-0398
Bill No.:

SF0102

Effective:

7/1/2023

LSO No.:

23LSO-0398

Enrolled Act No.:

SEA No. 0051

Chapter No.:

Prime Sponsor:

Salazar

Catch Title:

Food Freedom Act-amendments.

Subject:

Expands permissible sales of homemade foods under the Wyoming Food Freedom Act.

Summary/Major Elements:

This act specifies that, in addition to non-potentially hazardous foods, a person may sell eggs and dairy products under the Wyoming Food Freedom Act. The Act allows producers of certain homemade foods to sell their products to end consumers without requiring certification, regulation, license or inspection as long as the producer complies with the provisions of the Act.

This act also defines the term "designated agent." A designated agent is a person, consignment model market or food freedom store that a producer may designate to act on the producer's behalf to facilitate transactions, including the marketing, transport, storage and delivery of food.

The Wyoming Department of Agriculture is prohibited from setting standards for food and health inspections applicable to the Food Freedom Act that are more stringent than standards established by the United States Department of Agriculture.

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

23LSO-0398

ORIGINAL Senate

ENGROSSED
File No
.
SF0102

ENROLLED ACT NO. 51,

SENATE

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2023 General Session

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

Section 1.

W.S. 11
‑
49
‑
102(a) by creating a new paragraph (xii) and by renumbering (xii) as (xiii) and 11
‑
49
‑
103(c)(i), (vi), (d)(intro), (e), (k) and (m) are amended to read:

11
‑
49
‑
102.

Definitions.

(a)

As used in this act:

(xii)

"Designated agent" means a person or consignment model market or food freedom store designated by the producer to facilitate producer to consumer transactions including marketing, transport, storage and delivery of food or drink products. A designated agent shall be named in writing by the producer and shall not take ownership of any food or drink product.

(xii)
(xiii)

"This act" means W.S. 11
‑
49
‑
101 through
11
‑
49
‑
103
11
‑
49
‑
104
.

11
‑
49
‑
103.

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

(c)

Transactions under this act shall:

(i)

Be directly between the
seller
producer
and the informed end consumer, except as otherwise provided by this act.
A producer may utilize a designated agent to facilitate a transaction.
The seller of eggs
, dairy products
or a homemade food product consisting of non
‑
potentially hazardous food may be the producer of the item,
an
a designated
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
and dairy products
, shall be the producer of the item
or a designated agent of the producer
;

(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
, eggs and dairy products
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.
Homemade or uninspected food shall not be served or utilized as an ingredient in a commercial food establishment.
Nothing in this section shall prohibit the sale of homemade food 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
, eggs and dairy products
. 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 a retail space selling potentially hazardous food
, except eggs and dairy products,
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
, eggs or dairy products
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
and dairy products
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".

(m)

In addition to the transactions permitted under this act, homemade food producers may sell homemade food and drink products
,

or
eggs
or dairy products
to the maximum extent permitted by federal law.
The department of agriculture shall not promulgate any standard for food and health inspection that is applicable to this act that is more stringent than a standard established by the United States department of agriculture and n
othing in this article shall be construed to be more restrictive than applicable federal requirements.

Section 2
.

This act is effective July 1, 2023
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk