1     
DIRECT FOOD SALES AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Scott D. Sandall

5     
Senate Sponsor: Evan J. Vickers

6     Cosponsor:
Marc K. Roberts

7     

8     LONG TITLE
9     General Description:
10           This bill modifies the requirements for a cottage food production operation.
11     Highlighted Provisions:
12          This bill:
13          ▸      modifies definitions and defines terms;
14          ▸     modifies the rulemaking authority of the Department of Agriculture and Food in
15     regard to a cottage food production operation;
16          ▸     requires the operator of a cottage food production operation to package a cottage
17     food product with a label, as specified by the Department of Agriculture and Food
18     in rule; and
19          ▸     makes technical changes.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          4-5-9.5, as last amended by Laws of Utah 2008, Chapter 382
27     

28     Be it enacted by the Legislature of the state of Utah:
29           Section 1. Section 4-5-9.5 is amended to read:
30          4-5-9.5. Cottage food production operations.
31          (1) For purposes of this chapter:
32          (a) "Cottage food [production] operation" means a person[, who in the person's home,
33     produces a food product that is not a potentially hazardous food or a food that requires
34     time/temperature controls for safety] who produces a cottage food product in a home kitchen .
35          [(b) "Home" means a primary residence:]
36          [(i) occupied by the individual who is operating a cottage food production operation;
37     and]
38          [(ii) which contains:]
39          [(A) a kitchen designed for common residential usage; and]
40          [(B) appliances designed for common residential usage.]
41          (b) "Cottage food product" means a non-potentially hazardous baked good, jam, jelly,
42     or other non-potentially hazardous food produced in a home kitchen.
43          (c) "Home kitchen" means a kitchen:
44          (i) designed and intended for use by the residents of a home; and
45          (ii) used by a resident of the home for the production of a cottage food product.
46          [(c)] (d) "Potentially hazardous food" [or "food that requires time/temperature controls
47     for safety": (i) means a food] means:
48          (i) a food of animal origin;
49          (ii) raw seed sprouts; or
50          (iii) a food that requires time [and] or temperature control, or both, for safety to limit
51     pathogenic microorganism growth or toxin formation [and is in a form capable of supporting:],
52     as identified by the department in rule.
53          [(A) the rapid and progressive growth of infections or toxigenic microorganisms;]
54          [(B) the growth and toxin production of Clostridium botulinum; or]
55          [(C) in shell eggs, the growth of Salmonella enteritidis;]
56          [(ii) includes:]
57          [(A) an animal food;]
58          [(B) a food of animal origin that is raw or heat treated;]
59          [(C) a food of plant origin that is heat treated or consists of raw seed sprouts;]
60          [(D) cut melons;]
61          [(E) cut tomatoes; and]
62          [(F) garlic and oil mixtures that are not acidified or otherwise modified at a food
63     establishment in a way that results in mixtures that do not support growth as specified under
64     Subsection (1)(c)(i); and]
65          [(iii) does not include:]
66          [(A) an air-cooled hard-boiled egg with shell intact;]
67          [(B) a food with an actual weight or water activity value of 0.85 or less;]
68          [(C) a food with pH level of 4.6 or below when measured at 24 degrees Centigrade;]
69          [(D) a food, in an unopened hermetically sealed container, that is processed to achieve
70     and maintain sterility under conditions of nonrefrigerated storage and distribution;]
71          [(E) a food for which laboratory evidence demonstrates that the rapid and progressive
72     growth of items listed in Subsection (1)(c)(i) cannot occur, such as a food that:]
73          [(I) has an actual weight and a pH level that are above the levels specified under
74     Subsections (1)(c)(iii)(B) and (C); or]
75          [(II) contains a preservative or other barrier to the growth of microorganisms, or a
76     combination of barriers that inhibit the growth of microorganisms; or]
77          [(F) a food that does not support the growth of microorganisms as specified under
78     Subsection (1)(c)(i) even though the food may contain an infectious or toxigenic
79     microorganism or chemical or physical contaminant at a level sufficient to cause illness.]
80          (2) [(a)] The department shall adopt rules pursuant to Title 63G, Chapter 3, Utah
81     Administrative Rulemaking Act, as necessary to protect public health and ensure a safe food
82     supply.
83          [(b) Rules adopted pursuant to this Subsection (2) shall provide for:]
84          [(i) the registration of cottage food production operations as food establishments under
85     this chapter;]
86          [(ii) the labeling of products from a cottage food production operation as "Home
87     Produced"; and]
88          [(iii) other exceptions to the chapter that the department determines are appropriate and
89     that are consistent with this section.]
90          (3) Rules adopted pursuant to Subsection (2) may not require:
91          [(a) may not require:]
92          [(i)] (a) the use of commercial surfaces such as stainless steel counters or cabinets;
93          [(ii)] (b) the use of a commercial grade:
94          [(A)] (i) sink;
95          [(B)] (ii) dishwasher; or
96          [(C)] (iii) oven;
97          [(iii)] (c) a separate kitchen for the cottage food production operation; or
98          [(iv)] (d) the submission of plans and specifications before construction of, or remodel
99     of, a cottage food production operation[; and].
100          [(b) may require:]
101          [(i) an inspection of a cottage food production operation:]
102          [(A) prior to issuing a registration for the cottage food production operation; and]
103          [(B) at other times if the department has reason to believe the cottage food production
104     operation is operating:]
105          [(I) in violation of this chapter or an administrative rule adopted pursuant to this
106     section; or]
107          [(II) in an unsanitary manner; and]
108          [(ii) the use of finished and cleanable surfaces.]
109          (4) [(a)] The operator of a cottage food production operation shall:
110          [(i)] (a) register with the department as a cottage food production operation before
111     operating as a cottage food production operation; [and]
112          [(ii)] (b) hold a valid food handler's permit[.]; and
113          (c) package a cottage food product with a label, as specified by the department in rule.
114          [(b)] (5) Notwithstanding the provisions of Subsections 4-5-9(1)(a) and (c), the
115     department shall issue a registration to an applicant for a cottage food production operation if
116     the applicant for the registration:
117          [(i) passes the inspection required by Subsection (3)(b);]
118          [(ii)] (a) pays the fees required by the department; and
119          [(iii)] (b) meets the requirements of this section.
120          [(5)] (6) Notwithstanding the provisions of Section 26A-1-114, a local health
121     department:
122          (a) does not have jurisdiction to regulate the production of food at a cottage food
123     production operation operating in compliance with this section, as long as the products are not
124     offered to the public for consumption on the premises; and
125          (b) does have jurisdiction to investigate a cottage food production operation in any
126     investigation into the cause of a food born illness outbreak.
127          [(6)] (7) A food service establishment as defined in Section 26-15a-102 may not use a
128     product produced in a cottage food production operation as an ingredient in any food that is
129     prepared by the food establishment and offered by the food establishment to the public for
130     consumption.