ENGROSSED SENATE
BILL NO. 1915	By:	Justice, Shaw and Garrison of the Senate

			and

		Biggs of the House

An Act relating to public health and safety; amending Sections 1, 2, 4, 5 and 6, Chapter 40, O.S.L. 2013 (63 O.S. Supp. 2013, Sections 1-1440, 1-1440.1, 1-1440.3, 1-1440.4 and 1-1440.5), which relate to the Home Bakery Act of 2013; modifying title of the act; modifying definitions; adding definition; modifying labeling and documentation requirements; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     Section 1, Chapter 40, O.S.L. 2013 (63 O.S. Supp. 2013, Section 1-1440), is amended to read as follows:
Section 1-1440.  This act shall be known and may be cited as the "Safe Home Bakery Food Manufacturing Act of 2013".
SECTION 2.     AMENDATORY     Section 2, Chapter 40, O.S.L. 2013 (63 O.S. Supp. 2013, Section 1-1440.1), is amended to read as follows:
Section 1-1440.1.  As used in the Safe Home Bakery Food Manufacturing Act of 2013:
1.  "Home food establishment" shall mean a business on the premises of a residence in which prepared food is created for sale or resale, at farmer's markets, on site, cooperatives or at membership-based buying clubs for consumption off the premises, if the business has gross annual sales of prepared food of less than Twenty Thousand Dollars ($20,000.00).  Gross annual sales includes all sales of prepared food produced by the business at any location; and
2.  "Prepared food" shall mean any baked goods or low risk food products except for products that contain meat products or fresh fruit;
3.  "Low risk food products" shall mean food produced in such a manner to limit pathogenic microorganism growth or toxin formation and food with a pH of less than 4.5, such as jams, jellies, pickles and salsa, from ingredients approved by the Food and Agricultural Products Center at Oklahoma State University, bottled in new, single-use jars with tamper-proof lids, composed of ingredients produced in the USA, with batch-code documentation on the label; and
4.  "Basic food handler training" shall mean any of the following:
a.	completion of the ServSafe Food Handler Online Course and Assessment offered through the National Restaurant Association;
b.	completion of the Learn 2 Serve Oklahoma Food Handler Training Course; or
c.	completion of a food handler class provided by a county health department.
SECTION 3.     AMENDATORY     Section 4, Chapter 40, O.S.L. 2013 (63 O.S. Supp. 2013, Section 1-1440.3), is amended to read as follows:
Section 1-1440.3.  A.  A home food establishment that sells prepared food shall affix a label, in an FDA-approved format, that contains the following information:
1.  The name and address of the home food establishment;
2.  The name of the prepared food; and
3.  Batch-code documentation with matching records held on file at the home food establishment for a period of two (2) years; and
4.  The following statement printed in at least 10-point type in a color that provides a clear contrast to the background of the label:  "Made in a home food establishment that is not licensed by the State Department of Health."
B.  The home food establishment shall maintain a file on premises containing a record of the following:
1.  A record of certification in basic food handler training by the home food establishment;
2.  A copy of the prepared food's label in FDA-approved format;
3.  A letter of approval for all low risk food products by the Food and Agricultural Products Center at Oklahoma State University;
4.  A list of ingredients; and
5.  A list of sales outlets for the prepared food.
C.  A certificate of basic food handler training for the home food establishment must be on display at the point of sale.
SECTION 4.     AMENDATORY     Section 5, Chapter 40, O.S.L. 2013 (63 O.S. Supp. 2013, Section 1-1440.4), is amended to read as follows:
Section 1-1440.4.  Violation of Section 4 1-1440.3 of the Safe Home Bakery Food Manufacturing Act of 2013 shall be a misdemeanor and shall be punishable by a fine not exceeding One Hundred Dollars ($100.00).
SECTION 5.     AMENDATORY     Section 6, Chapter 40, O.S.L. 2013 (63 O.S. Supp. 2013, Section 1-1440.5), is amended to read as follows:
Section 1-1440.5.  Nothing in the Safe Home Bakery Food Manufacturing Act of 2013 shall be construed to prevent counties from enacting ordinances regulating the operation of home food establishments, provided such ordinances do not conflict with the provisions of the Safe Home Bakery Food Manufacturing Act of 2013.
SECTION 6.  This act shall become effective July 1, 2014.
SECTION 7.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.
Passed the Senate the 12th day of March, 2014.

	
	Presiding Officer of the Senate

Passed the House of Representatives the ____ day of __________, 2014.

	
	Presiding Officer of the House
	of Representatives