Bill Text: NJ S3292 | 2016-2017 | Regular Session | Introduced
Bill Title: Establishes requirements for sale of home baked goods or cottage foods.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-06-12 - Introduced in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [S3292 Detail]
Download: New_Jersey-2016-S3292-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Establishes requirements for sale of home baked goods or cottage foods.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning home baked goods and cottage foods and supplementing Title 24 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Baked goods" means ready-to-eat baked food that does not require further cooking or refrigeration for food safety, and which is not a potentially hazardous food. Baked goods may contain ingredients which constitute potentially hazardous food, provided that the baked good as presented for sale is not a potentially hazardous food. "Baked goods" include, but are not limited to, bread, rolls, cakes, pies, pastries, candies, and cookies.
"Cottage foods" means ready-to-eat food prepared by a home baker, which are not potentially hazardous food, including: candy such as brittle and toffee; chocolate-covered nonperishable foods such as nuts and dried fruit; dried fruits and nuts; dried pasta; dry baking mixes; dry herbs, seasonings, and mixtures; fruit pies, fruit empanadas, and fruit tamales; fudge; granolas, cereals, and trail mixes; honey and sweet sorghum syrup; jams, jellies, preserves, and fruit butters that comply with the federal standards for fruit butter; nut mixes and nut butters; popcorn and caramel corn; roasted coffee and dried tea; vinegar and mustard; and waffle cones and pizzelles.
"Home baker" means a person who prepares baked goods, cottage foods, or both in a kitchen in a private home that is not subject to regulation and inspection by the Department of Health.
"Potentially hazardous food" means a food that requires time or temperature control for safety to limit pathogenic microorganism growth or toxin formation.
2. A home baker may sell baked goods, cottage foods, or both prepared by the home baker in a kitchen in a private home, provided the following requirements are met:
a. The baked goods or cottage foods shall not be sold or offered for sale except at the home baker's home, a consumer's home, a farmer's market, a farm stand, or a county, municipal, or nonprofit fair, festival, or event. A home baker shall not sell or offer for sale baked goods or cottage foods over the Internet, wholesale, or to a commercial retailer for resale;
b. The gross income generated by the home baker from the sale of baked goods and cottage foods shall not exceed $50,000 per year;
c. The home baker, and any person assisting the home baker in the preparation of baked goods or cottage foods, shall possess a current, valid food handler's certificate issued by a food handler certification agency approved by the Commissioner of Health pursuant to subsection a. of section 3 of this act;
d. A clearly visible placard shall be placed at the point of sale, which shall state in clear, legible print that the baked goods or cottage foods were prepared in a kitchen that is not subject to regulation and inspection by the Department of Health;
e. Baked goods or cottage foods shall be packaged in a manner that prevents or reduces the risk of contamination, unless the size, shape, or other characteristics of a baked good or cottage food makes such packaging impractical or unnecessary; and
f. Baked goods or cottage foods sold or offered for sale shall include a label containing the following information:
(1) the name of the home baker and the address where the baked goods or cottage foods were prepared;
(2) the name of the baked goods or cottage foods, including a description of the type or nature of the baked goods or cottage foods if not apparent from the name;
(3) any major food allergens used as an ingredient in the baked goods or cottage foods, including, but not limited to, eggs, nuts, wheat, soy, dairy, and peanuts; and
(4) the following statement: "This food is made in a home kitchen that is not subject to regulation and inspection by the Department of Health."
3. a. The Commissioner of Health shall promulgate a list of food handler certification agencies that are approved to issue food handler certificates to home bakers and other persons for the purposes of this act. The Department of Health shall have no other authority to regulate or inspect home bakers or the sale or production of baked goods or cottage foods prepared by home bakers.
b. The local board of health having jurisdiction in the municipality in which the home baker resides or in which the home baker prepares, offers for sale, or sells baked goods, cottage foods, or both shall have the authority to conduct an inspection of the baked goods or cottage foods, or the place in which they are prepared upon reasonable belief or credible report that the baked goods or cottage foods, or the conditions under which the baked goods or cottage foods are prepared, present an immediate and serious threat to human life or health. If the board finds the baked goods or cottage foods or the conditions under which they are prepared constitute an immediate and serious threat to human life or health, the board may order any appropriate relief, including, but not limited to: confiscation or destruction of the baked goods or cottage foods; remedial action to correct an unsafe or potentially hazardous condition; or issuance of a temporary or permanent injunction prohibiting the home baker from preparing and selling baked goods, cottage foods, or both.
c. The preparation and sale of baked goods or cottage foods by home bakers pursuant to this act shall not be subject to regulation or restriction by municipal ordinance or resolution.
d. Nothing in this section shall be construed to restrict the ability of a neighbor or other affected person to institute a nuisance action against a home baker.
4. This act shall take effect on the first day of the seventh month next following the date of enactment.
STATEMENT
This bill establishes requirements for the sale of home baked goods and cottage foods.
Under the bill, "baked goods" are defined as ready-to-eat baked food prepared in a private kitchen that does not require further cooking or refrigeration for food safety and is not "potentially hazardous food." Baked goods include, but are not limited to, bread, rolls, cakes, pies, pastries, candies, and cookies. "Cottage foods" are defined as ready-to-eat food prepared by a home baker, which are not potentially hazardous food, including: candy, such as brittle and toffee; chocolate-covered nonperishable foods, such as nuts and dried fruit; dried fruits and nuts; dried pasta; dry baking mixes; dry herbs, seasonings, and mixtures; fruit pies, fruit empanadas, and fruit tamales; fudge; granolas, cereals, and trail mixes; honey and sweet sorghum syrup; jams, jellies, preserves, and fruit butters that comply with the federal standards for fruit butter; nut mixes and nut butters; popcorn and caramel corn; roasted coffee and dried tea; vinegar and mustard; and waffle cones and pizzelles.
Under the bill, "potentially hazardous food" is defined as a food that requires time or temperature control for safety to limit pathogenic microorganism growth or toxin formation. Home baked goods may be made using a potentially hazardous food, provided that the final product as offered for sale is not a potentially hazardous food.
The bill provides that baked goods or cottage foods may not be sold or offered for sale except at the home baker's home, a consumer's home, a farmer's market, a farm stand, or a county, municipal, or nonprofit fair, festival, or event. The bill prohibits selling or offering for sale home baked goods or cottage foods over the Internet, wholesale, or to a commercial retailer for resale. The gross income generated by the home baker from the sale of baked goods and cottage foods may not exceed $50,000 per year. The home baker and any person assisting the home baker must possess a current, valid food handler's certificate. A clearly visible placard is to be placed at the point of sale, which states in clear, legible print that the baked goods or cottage foods were prepared in a kitchen that is not subject to regulation and inspection by the Department of Health (DOH). Baked goods and cottage foods are to be packaged in a manner that prevents or reduces the risk of contamination, unless the size, shape, or other characteristics of the baked good or cottage food make such packaging impractical or unnecessary. Finally, each baked good or cottage food is to be labeled with the name of the home baker and the address where the baked good or cottage food was prepared; the name of the baked good or cottage food, including a description of the type or nature of the baked good or cottage food if not apparent from the name; any major food allergens used as an ingredient in the baked good or cottage food, such as eggs, nuts, wheat, soy, dairy, or peanuts; and a statement that reads: "This food is made in a home kitchen that is not subject to regulation and inspection by the Department of Health."
The Commissioner of Health is to promulgate a list of food handler certification agencies approved to issue certificates for the purposes of the bill. DOH will have no other authority to regulate or inspect home bakers or the sale or production of home baked goods or cottage foods, and the preparation and sale of home baked goods or cottage foods may not be regulated or restricted by municipal ordinance or resolution. Nothing in the bill will prohibit a neighbor or other affected person from bringing a nuisance action against a home baker.
Local boards of health will have the authority to inspect baked goods and cottage foods and places where they are prepared upon reasonable belief or credible report that the baked goods and cottage foods, or the conditions under which they are prepared, present an immediate and serious threat to human life or health. If the board finds the baked goods or cottage foods or the conditions under which they are prepared constitute a threat, the board may order any appropriate relief, including, but not limited to: confiscation or destruction of the baked goods or cottage foods; remedial action to correct an unsafe or potentially hazardous condition; or issuance of a temporary or permanent injunction prohibiting the home baker from preparing and selling baked goods, cottage foods, or both.
