Present law provides that a homemade food item is a food item, including a non-alcoholic beverage, which is produced and, if packaged, packaged at the private residence of the person who produces it. This bill revises the present law definition to, instead, provide that a homemade food item is produced by or under the direct supervision of the producer at the producer's private residence, and either, as defined by the department of agriculture, a non-time/temperature control for safety food or time/temperature control for safety food, which is food that does not require time or temperature control for safety to limit the rapid and progressive growth of infectious or toxigenic microorganisms. Homemade food, however, does not include alcoholic beverages, unpasteurized milk or foods that are, or that contain, alcoholic beverages, fish and shellfish products, meat, meat by-products, poultry, or poultry by-products, except to the extent that the sale of those items is permissible under federal law. REQUIREMENTS FOR AN EXEMPTION Present law provides that the production and sale of homemade food items are exempt from all licensing, permitting, inspecting, packaging, and labeling laws of this state, except when the department of health is investigating a reported foodborne illness. This bill adds that a producer may sell homemade food items in this state to the extent permitted by federal law, unless otherwise restricted by this bill. The exemption only applies if certain requirements are met, including the following: Orders and Delivery To qualify for an exemption, this bill requires homemade food items that do not contain dairy, meat, or poultry to be sold either by the producer to the consumer, whether in person or remotely, or an agent of the producer or a third-party vendor, such as a retail shop or grocery store, to the consumer; and such must be delivered either by the producer to the consumer; or an agent of the producer, a third-party vendor, or a third-party carrier to the consumer. This bill also requires that homemade food items that contain dairy, meat, or poultry must be sold by the producer to the consumer, whether in person or remotely, and must be delivered by the producer to the consumer. Labeling To qualify for an exemption, present law requires all of the following information be provided to the consumer:  The name, home address, and telephone number of the producer of the homemade food item.  The common or usual name of the homemade food item.  The ingredients of the homemade food item in descending order of predominance.  The following statement: "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens." This bill also requires for the exemption, that for homemade food items that are potentially hazardous or time/temperature control for safety foods, the date that the homemade food item was produced must be provided to the consumer. Temperature To qualify for an exemption, this bill requires that if a homemade food item is potentially hazardous or time/temperature control for safety food and is transported before final delivery to consumers, the homemade food item must be maintained at an appropriate temperature. ON MARCH 31, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 484, AS AMENDED. AMENDMENT #1 rewrites this bill. Under present law, the production and sale of homemade food items are generally exempt from all licensing, permitting, inspecting, packaging, and labeling laws if certain conditions are satisfied. This amendment adds as a new condition that time/temperature control for safety food homemade food items must: (1) Not include unpasteurized milk or foods that are, or that contain, alcoholic beverages, fish, shellfish products, meat, meat by-products, or meat food products; (2) Be sold only to the extent permissible by federal law. This amendment specifies federal regulations under which sales of poultry, poultry byproducts, and poultry food products may be exempt; and (3) Be sold either by the producer to the consumer, in person, or an agent of the producer, in person, such as a farm stand located on the property where the food was prepared.

Statutes affected:
Introduced: 53-1-102, 53-1-118
Amended with SA0263 -- 03/31/2025: 53-1-102, 53-1-118, 53-1-118(b)(3), 53-1-118(b)(4), 53-1-118(b)(4)(B), 53-1-118(b)