HOUSE BILL NO. 3108 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SASSMANN.
6777H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To repeal section 196.298, RSMo, and to enact in lieu thereof one new section relating to homemade food.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 196.298, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 196.298, to read as follows: 196.298. 1. As used in this section, unless the context otherwise requires, the 2 following terms shall mean: 3 (1) "Baked good", includes cookies, cakes, breads, danish, donuts, pastries, pies, and 4 other items that are prepared by baking the item in an oven. A baked good does not include a 5 potentially hazardous food item as defined by department rule; 6 (2) ["Cottage food production operation", an individual operation out of the 7 individual's home who: 8 (a) Produces a baked good, a canned jam or jelly, or a dried herb or herb mix for sale 9 at the individual's home; and 10 (b) Sells the food produced under paragraph (a) of this subdivision only directly to 11 consumers; 12 (3)] "Department", the department of health and senior services; 13 [(4)] (3) "End consumer", the last person to purchase a product who does not 14 resell the product; 15 (4) "Home", a primary residence that contains a kitchen and appliances designed for 16 common residential usage;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 3108 2
17 (5) "Homemade food" or "homemade food product", a food or drink product 18 that is produced and, if packaged, packaged at the private home of the producer; 19 (6) "Informed end consumer", an end consumer of a product who has been 20 informed that the product is not certified, labeled, licensed, packaged, regulated, or 21 inspected; 22 (7) "Non-potentially hazardous food", food that does not require time or 23 temperature control for safety including, but not limited to, baked goods, jams, jellies, 24 dried herbs or herb mixes, and other similar items as defined by department rule; 25 (8) "Potentially hazardous food", food that requires time or temperature control 26 for safety to limit pathogenic microorganism growth or toxin formation, as defined by 27 department rule; 28 (9) "Producer", an individual operating out of the individual's home who: 29 (a) Produces a homemade food product for sale at the individual's home; and 30 (b) Except as specifically allowed in this section, sells the food produced under 31 paragraph (a) of this subdivision only directly to consumers. 32 2. A [cottage food production operation] producer's operation is not a food service 33 establishment, and homemade food products produced, sold, or consumed in compliance 34 with this section shall not be subject to any health or food code laws or regulations of the 35 state or department other than this section and rules promulgated thereunder for a [cottage 36 food production operation] producer. 37 3. [(1)] Transactions under this section shall be directly between the producer 38 and the informed end consumer, except as otherwise permitted under this section. A 39 producer may use a designated agent to facilitate a transaction. A producer, a 40 designated agent of the producer, or a third-party vendor, including a retail shop or 41 grocery store, may sell eggs, dairy products, or homemade food products consisting of 42 non-potentially hazardous food as long as the sale is made in compliance with this 43 section. 44 4. Transactions under this section shall occur in this state and shall not involve 45 interstate commerce. 46 5. Transactions under this section shall not involve the sale of meat products 47 unless: 48 (1) The sale of meat occurs at a farmers' market; a farm; a ranch; a producer's 49 home or office; the retail location of a third-party seller of non-potentially hazardous 50 food, eggs, or dairy products; or any location the producer and the informed end 51 consumer agree to; and 52 (2) Any of the following applies: 53 (a) The sale is of poultry or poultry products, provided that: HB 3108 3
54 a. The producer slaughters not more than one thousand poultry birds of his or 55 her own raising during the calendar year; 56 b. The producer does not engage in buying or selling poultry products other than 57 those products produced from poultry of his or her own raising; and 58 c. The poultry or poultry product is not adulterated or misbranded; 59 (b) The sale is of live animals; 60 (c) The sale is of portions of live animals before slaughter for delivery at a future 61 date; 62 (d) The sale is of domestic rabbit meat; 63 (e) The sale is of farm-raised fish, provided that: 64 a. The fish is raised in accordance with applicable state statutes; and 65 b. The fish is not catfish; or 66 (f) The sale of meat is in accordance with an animal share agreement. 67 6. (1) A local health department shall not regulate the production of food at a [cottage 68 food production operation] producer's operation. 69 (2) Each local health department and the department shall maintain a record of a 70 complaint made by a person against a [cottage food production operation] producer. 71 [4.] 7. Homemade food or uninspected food shall not be served or utilized as an 72 ingredient at a commercial food establishment. Nothing in this section shall prohibit the 73 sale of homemade food from a retail space located at a ranch, farm, or home where the 74 food is produced or at a retail location of a third-party seller of non-potentially 75 hazardous food, eggs, or dairy products. A retail space selling homemade food under 76 this section shall inform the end consumer that the homemade food has not been 77 inspected and shall display a sign indicating that the homemade food has not been 78 inspected. If a retail space selling potentially hazardous food, except eggs or dairy 79 products, is associated with a commercial food establishment or offers for sale any 80 inspected food product, the following requirements shall apply: 81 (1) The retail space shall be physically separated from the commercial food 82 establishment with a separate door and cash register or point of sale; 83 (2) Each separate space shall include a sign or other markings clearly indicating 84 which spaces offer inspected food items for sale and which spaces offer uninspected 85 items; and 86 (3) Coolers, freezers, and warehouse or other storage areas shall be separated to 87 prohibit intermingling of inspected and uninspected items. 88 8. The department shall promulgate rules requiring a [cottage food production 89 operation] producer to label all of the foods described in this section which the operation 90 intends to sell to consumers. The label shall include the name and address of the [cottage HB 3108 4
91 food production operation] producer's operation and a statement that the food is not 92 inspected by the department or local health department. The producer shall inform the end 93 consumer that any food product or food sold at a farmers' market or through ranch, 94 farm, or home-based sales under this section is not certified, labeled, licensed, packaged, 95 regulated, or inspected. A third-party seller offering non-potentially hazardous food, 96 eggs, or dairy products for sale under this section shall inform the end consumer that 97 the homemade food is not certified, labeled, licensed, packaged, regulated, or inspected. 98 [5.] 9. A [cottage food production operation] producer shall not sell any foods 99 described in this section through the internet unless both the [cottage food production 100 operation] producer and the purchaser are located in this state and any potentially 101 hazardous food is delivered directly from the producer to the informed end consumer. 102 [6.] 10. Nothing in this section shall be construed to prohibit the authority of the 103 department of health and senior services or local health departments to conduct an 104 investigation of a food-borne disease or outbreak. 105 11. Nothing in this section shall be construed to change the requirements for 106 brand inspection or animal health inspections. 107 12. Nothing in this section shall be construed to preclude an agency from 108 providing assistance, consultation, or inspection at the request of the producer. 109 13. In addition to the transactions allowed under this section, producers may sell 110 homemade food products, eggs, and dairy products to the maximum extent permitted by 111 federal law. The department shall not promulgate any standard for food and health 112 inspection that is applicable to food regulated under this section that is more stringent 113 than a standard established by the United States Department of Agriculture, and 114 nothing in this section shall be construed to be more restrictive than applicable federal 115 requirements. ✔
Statutes affected: