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PCS for HB 707, An Act Relating to Home Kitchen Operations

Summary

PCS for HB 707 (2022) is a bill to be entitled an act relating to home kitchen operations. Section 1 amends s. 500.03, Florida Statutes, to define "home kitchen operation" and "home kitchen product". Section 2 creates s. 500.82, Florida Statutes, which exempts a home kitchen operation from the permitting requirements of s. 500.12 if it complies with that section. The title also lists preemption of the regulation of home kitchen operations to the state and authority for the Department of Agriculture and Consumer Services to investigate complaints and conduct inspections. Section 4 states that the act takes effect July 1, 2022.

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“PCS for HB 707, An Act Relating to Home Kitchen Operations.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-3101-regulatory-reform-subcommittee-proposed-committee-bills-pcbs-fcf72bafb4/, SHA-256 9e5f657a38dc0d4212da8b92f70edaed3d7fea994e828d80478c8902fd12559b.

Full text

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           PCS for HB 707                              ORIGINAL                                                    YEAR




    1                                          A bill to be entitled
    2             An act relating to home kitchen operations; amending
    3             s. 500.03, F.S.; providing definitions; creating s.
    4             500.82; exempting home kitchen operations from food
    5             permitting requirements; providing requirements for
    6             home kitchen operations; providing requirements for
    7             the sale of home kitchen products; providing
    8             construction and applicability; preempting the
    9             regulation of home kitchen operations to the state;
10                authorizing the Department of Agriculture and Consumer
11                Services to investigate complaints, conduct
12                inspections, and impose disciplinary actions;
13                providing that home kitchen operations are suject to
14                certain disciplinary procedures; amending s. 500.121,
15                F.S.; providing disciplinary procedures for home
16                kitchen operations; providing an effective date.
17
18         Be It Enacted by the Legislature of the State of Florida:
19
20                Section 1.           Paragraphs (s) through (cc) of subsection (1)
21         of section 500.03, Florida Statutes, are redesignated as
22         paragraphs (u) through (ee), respectively, paragraph (r) of
23         subsection (1) is amended, and new paragraphs (s) and (t) are
24         added to subsection (1) of that section, to read:
25                500.03          Definitions; construction; applicability.—
26                (1)           For the purpose of this chapter, the term:

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        PCS for HB 707                              ORIGINAL                                                    YEAR




27              (r)          "Food service establishment" means any place where
28      food is prepared and intended for individual portion service,
29      and includes the site at which individual portions are provided.
30      The term includes any such place regardless of whether
31      consumption is on or off the premises and regardless of whether
32      there is a charge for the food. The term includes delicatessens
33      that offer prepared food in individual service portions. The
34      term does not include schools, institutions, fraternal
35      organizations, private homes where food is prepared or served
36      for individual family consumption, retail food stores, the
37      location of food vending machines, cottage food operations, home
38      kitchen operations, and supply vehicles, nor does the term
39      include a research and development test kitchen limited to the
40      use of employees and which is not open to the general public.
41              (s)          "Home kitchen operation" means a natural person or an
42      entity that stores, handles, prepares home kitchen products at
43      the residence of the natural person or at the residence of a
44      natural person who has an ownership interest in the entity and
45      sells such products in accordance with s. 500.82. A home kitchen
46      operation is not:
47              1.       A public food service establishment as defined in s.
48      509.013.
49              2.       A catering operation licensed under ch. 509.
50              3.       A cottage food operation, as defined in s. 500.03.
51              (t)          "Home kitchen product" means food that is:
52              1.       Stored, handled, prepared, and packaged by a home

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        PCS for HB 707                              ORIGINAL                                                    YEAR




53      kitchen operation.
54              2.       Not raw milk, raw milk products, raw oysters, or raw
55      shellfish.
56              Section 2.          Section 500.82, Florida Statutes, is created to
57      read:
58              500.82         Home kitchen operations.—
59              (1)(a)         A home kitchen operation must comply with the
60      applicable requirements of this chapter but is exempt from the
61      permitting requirements of s. 500.12 if the home kitchen
62      operation complies with this section and:
63              1.       Has annual gross sales of home kitchen products that do
64      not exceed $250,000.
65              2.       Limits preparation and service of home kitchen food
66      products to no more than 10 individual meals per day or the
67      approximate equivalent of meal components when sold separately.
68              3.       Prepares, cooks, and serves home kitchen food products
69      on the same calendar day.
70              4.       Processes home kitchen food products in compliance with
71      state and federal regulations and s. 500.80.
72              (b)          For purposes of this subsection, a home kitchen’s
73      annual gross sales include all sales of home kitchen products at
74      any location, regardless of the types of products sold or the
75      number of persons involved in the operation. A home kitchen
76      operation must provide the department, upon request, with
77      written documentation to verify the operation's annual gross
78      sales, and the department shall be granted access to such

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         PCS for HB 707                              ORIGINAL                                                    YEAR




 79      records within 24 hours of the request.
 80             (2)           A home kitchen operation may sell, offer for sale, and
 81      accept payment for home kitchen products over the Internet or in
 82      person. Such products may be delivered in person directly to the
 83      consumer, to a specific event venue, or to the consumer by the
 84      home kitchen operation or a third party delivery service. A home
 85      kitchen operation may not sell, offer for sale, or deliver home
 86      kitchen products to any wholesaler or retailer.
 87             (3)           All home kitchen operation owners and employees must
 88      successfully complete a food safety certificate training program
 89      that complies with the United States Food and Drug
 90      Administration's Food Safety Modernization Act. The course, at a
 91      minimum, must include information and training on cross -
 92      contamination, temperature control, and personal hygiene.
 93             (4)           A home kitchen operation must:
 94             (a)           Take steps to avoid any potential contamination to:
 95             1.        Food.
 96             2.        Equipment.
 97             3.        Utensils.
 98             4.        Unwrapped single-service and single-use articles.
 99             (b)           Prevent an individual from entering the food
100      preparation area while food is being prepared if the individual
101      is known to be suffering from:
102             1.        Symptoms associated with acute gastrointestinal
103      illness; or
104             2.        A communicable disease that is transmissible through

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         PCS for HB 707                              ORIGINAL                                                    YEAR




105      food.
106             (c)           Ensure a hand washing station supplied with warm
107      water, soap, and disposable hand towels is conveniently located
108      in food preparation, food dispensing, and warewashing areas.
109             (d)           Ensure that the kitchen sink is fully operational and
110      has hot and cold water and a sanitizing agent, and that dishes
111      are sanitized between each use.
112             (e)           Ensure that ready-to-eat home kitchen food products
113      are protected from contamination during storage, preparation,
114      handling, transport, and display.
115             (f)           Ensure that home kitchen food products are maintained
116      at proper holding temperatures.
117             (g)           Ensure that utensils and equipment used in the home
118      kitchen operation:
119             1.        Retain their characteristic qualities under normal use
120      conditions.
121             2.        Are properly sanitized after each use.
122             3.        Are maintained in a sanitary manner between uses.
123             (h)           Ensure that kitchen equipment is cleaned and sanitized
124      between uses.
125             (i)           Ensure that gases, odors, steam, heat, grease, vapors,
126      and smoke are able to escape the kitchen.
127             (j)           Ensure that temperature measuring devices or holding
128      equipment for the time or temperature control of food is
129      properly used for hot and cold holding of home kitchen food
130      products during storage, serving, and cooling.

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         PCS for HB 707                              ORIGINAL                                                    YEAR




131             (k)           Ensure that home kitchen food product preparation and
132      service is discontinued if there is a disruption of potable
133      water service.
134             (6)           A home kitchen operation may only sell home kitchen
135      products which are affixed with a label that contains the
136      following information:
137             (a)           The name and address of the home kitchen operation.
138             (b)           The name of the home kitchen product.
139             (c)           The ingredients of the home kitchen product, in
140      descending order of predominance by weight.
141             (d)           The net weight or net volume of the home kitchen
142      product.
143             (e)           Allergen information as specified by federal labeling
144      requirements.
145             (f)           If any nutritional claim is made, appropriate
146      nutritional information as specified by federal labeling
147      requirements.
148             (g)           The following statement printed in at least 10-point
149      type in a color that provides a clear contrast to the background
150      of the label: "Made in a home kitchen operation that is not
151      subject to Florida's food safety regulations."
152             (7)           This section does not:
153             (a)           Exempt a home kitchen operation from any state or
154      federal tax law, rule, regulation, or certificate that applies
155      to all home kitchen operations.
156             (b)           Prevent the department or a local health department

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         PCS for HB 707                              ORIGINAL                                                    YEAR




157      from enforcing an order to cease and desist operation of a home
158      kitchen if the department or the local health department has a
159      valid reason to suspect that the home kitchen operation is the
160      source of an adulterated food or of an outbreak of illness
161      caused by contaminated food.
162             (c)           Apply to a person operating under a food permit issued
163      pursuant to s. 500.12.
164             (8)           The regulation of home kitchen operations is preempted
165      to the state. A local law, ordinance, or regulation may not
166      prohibit a home kitchen operation or regulate the preparation,
167      processing, storage, or sale of home kitchen products by a home
168      kitchen operation; however, a home kitchen operation must comply
169      with the conditions for the operation of a home-based business
170      under s. 559.955.
171             (9)(a)          The department must investigate any complaint which
172      alleges that a home kitchen operation has violated an applicable
173      provision of this chapter or rule adopted under this chapter.
174             (b)           Upon receipt of a complaint, the department's
175      authorized officer or employee must enter and inspect the
176      premises of a home kitchen operation to determine compliance
177      with this chapter and department rules, as applicable. A home
178      kitchen operation's refusal to permit the department's
179      authorized officer or employee entry to the premises or to
180      conduct the inspection is grounds for disciplinary action
181      pursuant to s. 500.121.
182             (10)          A home kitchen operation is subject to the

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         PCS for HB 707                              ORIGINAL                                                    YEAR




183      disciplinary procedures under s. 500.121(7).
184             Section 3.           Subsection (1) of section 500.121, Florida
185      Statutes, is amended to read:
186             500.121          Disciplinary procedures.—
187             (1)           In addition to the suspension procedures provided in
188      s. 500.12, if applicable, the department may impose an
189      administrative fine in the Class II category pursuant to s.
190      570.971 against any retail food store, food establishment, home
191      kitchen operation, or cottage food operation that violates this
192      chapter, which fine, when imposed and paid, shall be deposited
193      by the department into the General Inspection Trust Fund. The
194      department may revoke or suspend the permit of any such retail
195      food store or food establishment if it is satisfied that the
196      retail food store or food establishment has:
197             (a)           Violated this chapter.
198             (b)           Violated or aided or abetted in the violation of any
199      law of this state governing or applicable to retail food stores
200      or food establishments or any lawful rules of the department.
201             (c)           Knowingly committed, or been a party to, any material
202      fraud, misrepresentation, conspiracy, collusion, trick, scheme,
203      or device whereby another person, lawfully relying upon the
204      word, representation, or conduct of a retail food store or food
205      establishment, acts to her or his injury or damage.
206             (d)           Committed any act or conduct of the same or different
207      character than that enumerated which constitutes fraudulent or
208      dishonest dealing.

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         PCS for HB 707                             ORIGINAL                                                    YEAR




209             Section 4.         This act shall take effect July 1, 2022.




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