HOUSE Amended 2nd Reading January 31, 2012 Second Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 12-0115.01 Chuck Brackney x2295 HOUSE BILL 12-1027 HOUSE SPONSORSHIP Bradford, SENATE SPONSORSHIP Spence, House Committees Senate Committees Economic and Business Development A BILL FOR AN ACT Concerning the sale of nonpotentially hazardous food produced in a home kitchen for sale directly to consumers for consumption off premises. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill permits a person to produce nonpotentially hazardous food in a home kitchen for sale directly to consumers for consumption off premises. County or district public health agencies may register persons who produce nonpotentially hazardous food in a home kitchen for sale directly to consumers for consumption off premises. These food products are subject to inspection by local or state public health agencies. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 25-4-1602, add (14) (m) as follows: 25-4-1602. Definitions. As used in this part 16, unless the context otherwise requires: (14) "Retail food establishment" means a retail operation that stores, prepares, or packages food for human consumption or serves or otherwise provides food for human consumption to consumers directly or indirectly through a delivery service, whether such food is consumed on or off the premises or whether there is a charge for such food. "Retail food establishment" does not mean: (m) A home kitchen in which a person produces nonpotentially hazardous food for sale directly to consumers for consumption off premises. "Home kitchen" means the person's own kitchen, not a kitchen owned by another person, business, or organization. SECTION 2. In Colorado Revised Statutes, add section 25-4-1603.5 as follows: 25-4-1603.5. Nonpotentially hazardous food produced in a home kitchen - registration - inspection. (1) Nothing in this article prohibits, and sections 25-4-1603 to 25-4-1613 do not apply to, the production of nonpotentially hazardous food in a home kitchen owned by the producer for sale directly to consumers through transactions that take place on the food producer's property or at a roadside stand or farmers' market for consumption off premises. (2) The department or a county or district public health agency may register persons who produce and sell nonpotentially hazardous food in a home kitchen for sale directly to consumers for consumption off premises. Such registration shall be for a period of one year and for a fee of no more than one hundred dollars per person per year. The registration must be in the county of residence of the person producing the nonpotentially hazardous food, although the person may sell the food in the other counties. A county or district public health agency that declines to register persons who produce nonpotentially hazardous food in a home kitchen for sale directly to consumers may not prohibit the sale of such food for consumption off premises. (3) A food product produced pursuant to this section is subject to food sampling and inspection by the department or a county or district public health agency. Local or state health authorities may confiscate, embargo, condemn, or remove products if necessary. (4) A food product produced pursuant to this section may not be infused with medical marijuana or otherwise adulterated. (5) (a) A food product sold pursuant to this section must have an affixed label that includes at least: (I) Identification of the product; (II) The producer's name, the address at which the food was prepared, and the producer's current telephone number and electronic mail address; (III) A complete list of ingredients, including any allergens; and (IV) The following disclaimer: "This product was produced in a home kitchen that is not subject to state licensure or inspection. This product is not intended for resale." (b) A food product sold under this section and not labeled in accordance with paragraph (a) of this subsection (5) is misbranded and subject to food sampling and inspection pursuant to subsection (3) of this section. (6) A person who sells foods pursuant to this section must maintain liability insurance. (7) "Nonpotentially hazardous" has the meaning set forth in section 25-4-1602 (12) and does not include low-acid, acidified foods, or canned foods. (8) A person who sells food pursuant to this section must have a certificate of completion from a food safety training course. (9) A person who sells food pursuant to this section must keep records regarding recipes and the procurement of ingredients. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.