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.”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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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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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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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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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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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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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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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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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209 Section 4. This act shall take effect July 1, 2022.
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