Bill Text: NJ S2848 | 2010-2011 | Regular Session | Introduced
Bill Title: Permits production and sale of certain foods from unlicensed home kitchens.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-12 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S2848 Detail]
Download: New_Jersey-2010-S2848-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Permits production and sale of certain foods from unlicensed home kitchens.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain food operations, amending P.L.1971, c.158 and supplementing Title 24 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1971, c.158 (C.24:15-13) is amended to read as follows:
1. Every establishment falling within the scope of this chapter shall be licensed by the Commissioner of Health and Senior Services with a fee to be charged therefor, except that a license pursuant to this chapter need not be secured by an establishment that qualifies as a cottage food operation pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill), or by any [such] establishment, the activities of which are subject to licensure pursuant to any other provision of [this] Title 24 of the Revised Statutes or to inspection and licensure by a local department of health, or the facilities and warehouses of growers and associations or organizations of growers of raw agricultural commodities and all raw agricultural commodity farm area sales and shipping points where such raw agricultural commodities are not subjected to processing other than washing, cleaning, cooling, waxing, grading, sizing and packaging.
(cf P.L.1973, c.12, s.1).
2. (New section) As used in this act:
"Cottage food operation" means the production or packaging of a cottage food product by a person, only in the kitchen of the person's primary domestic residence, which shall be located in the State. In order to qualify as a cottage food operation, gross annual sales from an operation's cottage food products shall not exceed $25,000, the determination of which shall be computed on the basis of the amount of gross sales within or at a particular domestic residence, and shall not be computed on a per-person basis at the residence.
"Cottage food product" means a food that is not potentially hazardous, as that term is defined in N.J.A.C.8:24-1.5. Cottage food products may include, but are not limited to, jams, jellies, dried fruit, candy, cereal, granola, dry mixes, vinegar, dried herbs, and baked goods that do not require temperature control for safety. A cottage food product shall not include any potentially hazardous food regulated under 21 CFR Parts 113 and 114, and shall not include canned low-acid fruits, acidified vegetables or other canned foods, with the exception of jams, jellies, and preserves as defined in 21 CFR Part 150.
"Domestic residence" means a single-family dwelling or an area within a rental unit where a single person or family resides. Domestic residence does not include a group or communal residential setting within any type of structure, or an outbuilding, shed, barn, or other similar structure.
3. (New section) a. A cottage food product shall be prepackaged and properly labeled prior to sale. At a minimum, a cottage food operation shall include on the label of any food it produces or packages the following information:
(1) the name of the cottage food product;
(2) the name and address of the business of the cottage food operation;
(3) the ingredients of the cottage food product, in descending order of predominance by weight;
(4) the net weight or net volume of the cottage food product;
(5) allergen labeling as specified by federal labeling requirements;
(6) if any nutritional claim is made, appropriate labeling as specified by federal labeling requirements; and
(7) the following statement printed in at least 11-point font size that provides a clear contrast to the background:
MADE IN A HOME KITCHEN THAT HAS NOT BEEN INSPECTED BY THE NEW JERSEY DEPARTMENT OF AGRICULTURE OR DEPARTMENT OF HEALTH AND SENIOR SERVICES.
b. A cottage food product shall be stored only in the primary domestic residence, and may be sold directly from the cottage food operation to the consumer only. Sales through the Internet, by mail order, by consignment, or at wholesale are prohibited.
4. (New section) Except as otherwise provided in this act, a cottage food operation that complies with the provisions of this act shall be exempt from State and local government licensing requirements. A cottage food operation shall not be required to meet the standards contained in the 2009 federal food code, as it may be amended or supplemented, or good manufacturing practice standards contained in 21 CFR Part 110. An exemption from licensing and inspection requirements under this section shall not affect the application of any other State or federal laws, or any other ordinances enacted by any local government unit.
Nothing contained in this section shall be construed to limit the authority of the State or of local health agencies to enforce applicable violations under Title 24 of the Revised Statutes or regulations promulgated pursuant thereto. A cottage food operation shall be subject to adulteration and other food safety standards in Title 24 of the Revised Statutes and regulations promulgated pursuant thereto, and to the labeling requirements of this section.
Nothing contained in this section shall limit the authority of the Commissioner of Health and Senior Services or the Secretary of Agriculture, as applicable, to determine that a person is conducting activities which are subject to licensure and inspection requirements under Title 24.
5. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Commissioner of Health and Senior Services and the Secretary of Agriculture, in consultation with each other, shall promulgate rules and regulations to effectuate the purposes of this act.
6. This act shall take effect on the 180th day after the date of enactment.
STATEMENT
This bill permits the production and limited sales of certain foods produced by New Jersey residents in their home kitchens if they generate annual gross sales of $25,000 or less from the sale of those foods. The bill exempts such operations from certain food safety licensing and inspection requirements that would otherwise apply.
Under the bill, the permissible foods are "cottage food products," which are foods that are not potentially hazardous foods as defined in N.J.A.C.8:24-1.5 or foods regulated under 21 CFR Parts 113 and 114 (which govern the production of thermally-processed low-acid foods and acidified foods). Potentially hazardous foods are those which require temperature controls in order to avoid growth of infectious or toxigenic microorganisms, botulinum or Salmonella enteritidis, and examples include meat, and seed sprouts. Permissible cottage food products include jams, jellies, preserves, dried fruit, candy, cereal, granola, dry mixes, vinegar, dried herbs, and baked goods that do not require temperature control for safety.
A "cottage food operation," which is exempt from licensing and inspection requirements under the bill, refers to the production or packaging of a cottage food product by a person in the kitchen of his or her primary domestic residence, which must be located in the State. In order to qualify as a cottage food operation, gross annual sales from cottage food products cannot exceed $25,000. This amount is to be based on the total amount of gross sales within or at a particular domestic residence, and not on a per-person basis at the residence. A "domestic residence" means a single-family dwelling or an area within a rental unit where a single person or family resides, and does not include a group or communal residential setting within any type of structure, or an outbuilding, shed, barn, or other similar structure.
Most food operations currently are required to use commercial kitchens and processing facilities that are subject to licensing and inspection by the Department of Health and Senior Services, local health agencies, or the Department of Agriculture, depending on the type of the food and food producer. This bill provides an exception to these requirements for cottage food operations that comply with the provisions of the bill. However, cottage food operations would still be subject to food safety standards, other State and federal laws, and any other local ordinances. In addition, the bill provides that the Commissioner Health and Senior Services or the Secretary of Agriculture, as applicable, has the authority to determine that a person is conducting activities which are subject to licensure and inspection requirements.
The bill requires that a cottage food product be prepackaged and properly labeled prior to sale, and requires that labels include the following information:
· the name of the cottage food product;
· the name and address of the business of the cottage food operation;
· the ingredients of the cottage food product, in descending order of predominance by weight;
· the net weight or net volume of the cottage food product;
· allergen labeling as specified by federal labeling requirements;
· if any nutritional claim is made, appropriate labeling as specified by federal labeling requirements; and
· the following statement printed in at least 11-point font size that provides a clear contrast to the background:
MADE IN A HOME KITCHEN THAT HAS NOT BEEN INSPECTED BY THE NEW JERSEY DEPARTMENT OF AGRICULTURE OR DEPARTMENT OF HEALTH AND SENIOR SERVICES.
Cottage food products must be stored only in the primary domestic residence, and sold directly from the cottage food operation to consumers only. Sales through the Internet, by mail order, by consignment, or at wholesale are prohibited.
The Commissioner of Health and Senior Services and the Secretary of Agriculture, in consultation with each other, are to promulgate rules and regulations to effectuate the purposes of the bill.
The bill takes effect 180 days following the date of enactment.
