Florida Senate - 2022                                    SB 1158
       
       
        
       By Senator Jones
       
       
       
       
       
       35-01083A-22                                          20221158__
    1                        A bill to be entitled                      
    2         An act relating to home kitchen operations; amending
    3         s. 500.03, F.S.; redefining and defining terms;
    4         amending s. 500.80, F.S.; exempting home kitchen
    5         operations from food permitting requirements under
    6         certain circumstances; specifying requirements for the
    7         sale of home kitchen food products; providing
    8         construction; preempting regulation of home kitchen
    9         operations to the state; authorizing the Department of
   10         Agriculture and Consumer Services to investigate
   11         complaints about a home kitchen operation, conduct
   12         inspections, and impose disciplinary actions; amending
   13         s. 500.121, F.S.; providing disciplinary procedures
   14         for home kitchen operations; providing an effective
   15         date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Present paragraphs (s) through (cc) of
   20  subsection (1) of section 500.03, Florida Statutes, are
   21  redesignated as paragraphs (u) through (ee), respectively, new
   22  paragraphs (s) and (t) are added to that subsection, and
   23  paragraph (r) of that subsection is amended, to read:
   24         500.03 Definitions; construction; applicability.—
   25         (1) For the purpose of this chapter, the term:
   26         (r) “Food service establishment” means any place where food
   27  is prepared and intended for individual portion service, and
   28  includes the site at which individual portions are provided. The
   29  term includes any such place regardless of whether consumption
   30  is on or off the premises and regardless of whether there is a
   31  charge for the food. The term includes delicatessens that offer
   32  prepared food in individual service portions. The term does not
   33  include schools, institutions, fraternal organizations, private
   34  homes where food is prepared or served for individual family
   35  consumption, retail food stores, the location of food vending
   36  machines, cottage food operations, home kitchen operations, and
   37  supply vehicles, nor does the term include a research and
   38  development test kitchen limited to the use of employees and
   39  which is not open to the general public.
   40         (s)“Home kitchen food product” means food that is:
   41         1.Stored, handled, prepared, and packaged by a home
   42  kitchen operation.
   43         2.Not raw milk, a product of raw milk, or raw oysters.
   44         3.Prepared, cooked, and served within 24 hours.
   45         4.Consumed onsite at a home kitchen operation or offsite
   46  if the food is picked up by the consumer or delivered within a
   47  safe time period based on holding equipment capacity.
   48         (t)“Home kitchen operation” means a natural person or an
   49  entity that stores, handles, prepares, and packages food
   50  products at the residence of the natural person or at the
   51  residence of a natural person who has an ownership interest in
   52  the entity and sells such products in accordance with s. 500.80.
   53  A home kitchen operation is not a public food service
   54  establishment as defined in s. 509.013(5).
   55         Section 2. Section 500.80, Florida Statutes, is amended to
   56  read:
   57         500.80 Cottage food and home kitchen operations.—
   58         (1)(a) A cottage food operation must comply with the
   59  applicable requirements of this chapter but is exempt from the
   60  permitting requirements of s. 500.12 if the cottage food
   61  operation complies with this section and has annual gross sales
   62  of cottage food products that do not exceed $250,000.
   63         (b) For purposes of this subsection, a cottage food
   64  operation’s annual gross sales include all sales of cottage food
   65  products at any location, regardless of the types of products
   66  sold or the number of persons involved in the operation. A
   67  cottage food operation must provide the department, upon
   68  request, with written documentation to verify the operation’s
   69  annual gross sales.
   70         (c)(2) A cottage food operation may sell, offer for sale,
   71  and accept payment for cottage food products over the Internet
   72  or by mail order. Such products may be delivered in person
   73  directly to the consumer, to a specific event venue, or by
   74  United States Postal Service or commercial mail delivery
   75  service. A cottage food operation may not sell, offer for sale,
   76  or deliver cottage food products at wholesale.
   77         (d)(3) A cottage food operation may only sell cottage food
   78  products which are prepackaged with a label affixed to the
   79  cottage food product that contains the following information:
   80         1.(a) The name and address of the cottage food operation.
   81         2.(b) The name of the cottage food product.
   82         3.(c) The ingredients of the cottage food product, in
   83  descending order of predominance by weight.
   84         4.(d) The net weight or net volume of the cottage food
   85  product.
   86         5.(e) Allergen information as specified by federal labeling
   87  requirements.
   88         6.(f) If any nutritional claim is made, appropriate
   89  nutritional information as specified by federal labeling
   90  requirements.
   91         7.(g) The following statement printed in at least 10-point
   92  type in a color that provides a clear contrast to the background
   93  of the label: “Made in a cottage food operation that is not
   94  subject to Florida’s food safety regulations.”
   95         (e)(4) A cottage food operation may only sell cottage food
   96  products that it stores on the premises of the cottage food
   97  operation.
   98         (2)(a)A home kitchen operation must comply with the
   99  applicable requirements of this chapter but is exempt from the
  100  permitting requirements of s. 500.12 if the home kitchen
  101  operation complies with this section and has annual gross sales
  102  of home kitchen food products that do not exceed $250,000.
  103         (b)A home kitchen operation may only sell or provide home
  104  kitchen food products directly to consumers and may not sell or
  105  provide home kitchen food products to any food reseller.
  106         (c)A home kitchen operation may sell home kitchen food
  107  products to consumers in person or remotely by telephone, e
  108  mail, or website, including through a third-party website or
  109  mobile application. Home kitchen food products may be delivered
  110  to consumers by the home kitchen operation, by an employee or
  111  agent of the home kitchen operation, or by a third-party
  112  delivery service.
  113         (d)A home kitchen operation shall provide the following
  114  information to the consumer in a clear and conspicuous manner on
  115  a label affixed to a kitchen food product that is sold in a
  116  package or container; on a sign at the point of sale if the home
  117  kitchen food product is not sold in a package or container; and
  118  on any food-ordering website or mobile application on which the
  119  home kitchen operation advertises:
  120         1.The name and telephone number of the home kitchen
  121  operation that prepared the home kitchen food product.
  122         2.The common or usual name of the home kitchen food
  123  product.
  124         3.If a home kitchen food product contains more than one
  125  ingredient, a list of the ingredients in descending order of
  126  predominance by weight.
  127         4.The following statement: “Made in a home kitchen.”
  128         (3)(5) This section does not exempt a cottage food or home
  129  kitchen operation from any state or federal tax law, rule,
  130  regulation, or certificate that applies to all cottage food and
  131  home kitchen operations.
  132         (4)(6) The regulation of cottage food and home kitchen
  133  operations is preempted to the state. A local law, ordinance, or
  134  regulation may not prohibit a cottage food or home kitchen
  135  operation or regulate the preparation, processing, storage, or
  136  sale of cottage and home kitchen food products by a cottage food
  137  operation; however, a cottage food or home kitchen operation
  138  must comply with the conditions for the operation of a home
  139  based business under s. 559.955.
  140         (5)(7)(a) The department may investigate any complaint
  141  which alleges that a cottage food or home kitchen operation has
  142  violated an applicable provision of this chapter or rule adopted
  143  under this chapter.
  144         (b) Only upon receipt of a complaint, the department’s
  145  authorized officer or employee may enter and inspect the
  146  premises of a cottage food or home kitchen operation to
  147  determine compliance with this chapter and department rules, as
  148  applicable. A cottage food or home kitchen operation’s refusal
  149  to permit the department’s authorized officer or employee entry
  150  to the premises or to conduct the inspection is grounds for
  151  disciplinary action pursuant to s. 500.121.
  152         (6)(8) This section does not apply to a person operating
  153  under a food permit issued pursuant to s. 500.12.
  154         Section 3. Subsection (1) of section 500.121, Florida
  155  Statutes, is amended to read:
  156         500.121 Disciplinary procedures.—
  157         (1) In addition to the suspension procedures provided in s.
  158  500.12, if applicable, the department may impose an
  159  administrative fine in the Class II category pursuant to s.
  160  570.971 against any retail food store, food establishment, or
  161  cottage or home kitchen food operation that violates this
  162  chapter, which fine, when imposed and paid, shall be deposited
  163  by the department into the General Inspection Trust Fund. The
  164  department may revoke or suspend the permit of any such retail
  165  food store or food establishment if it is satisfied that the
  166  retail food store or food establishment has:
  167         (a) Violated this chapter.
  168         (b) Violated or aided or abetted in the violation of any
  169  law of this state governing or applicable to retail food stores
  170  or food establishments or any lawful rules of the department.
  171         (c) Knowingly committed, or been a party to, any material
  172  fraud, misrepresentation, conspiracy, collusion, trick, scheme,
  173  or device whereby another person, lawfully relying upon the
  174  word, representation, or conduct of a retail food store or food
  175  establishment, acts to her or his injury or damage.
  176         (d) Committed any act or conduct of the same or different
  177  character than that enumerated which constitutes fraudulent or
  178  dishonest dealing.
  179         Section 4. This act shall take effect upon becoming a law.