File No. 393

House of Representatives, April 2, 2015

The Committee on Public Health reported through REP. RITTER of the 1st Dist., Chairperson of the Committee on the part of the House, that the bill ought to pass.

AN ACT CONCERNING COTTAGE FOOD PRODUCTION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 21a-151 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

For the purposes of this section and sections 21a-152 to 21a-160, inclusive:

(1) "Bakery" means a building or part of a building where bread, cakes, doughnuts, crullers, pies, cookies, crackers, spaghetti, macaroni or other food products are made, either wholly or in part of flour or meal, including frozen or canned baked goods. "Bakery" includes, but is not limited to, any restaurant, hotel, private institution, [home bakery,] establishment operating doughnut-frying equipment or other similar place that offers such food products for sale.

(2) "Food manufacturing establishment" means a building or part of a building where food is prepared for sale to other establishments for human consumption. For purposes of this subdivision, "prepared" means a process of canning, cooking, freezing, dehydrating, milling, repacking or cutting. Premises that are used solely for the retail sale or storage of prepackaged food, and facilities, as described in sections 21a-24a and 22-6r and chapters 417, 419a, 422, 423, 430, 431 and 491, shall not be considered food manufacturing establishments.

(3) "Food warehouse" means a building or part of a building where food is stored for wholesale distribution, provided such building or part of such building is used primarily for the importation, storage or distribution of packaged food and not for other activities for which a license is required pursuant to section 21a-152. Premises licensed pursuant to said section and facilities, as described in sections 21a-24a and 22-6r and chapters 417, 419a, 422, 423, 430, 431 and 491, shall not be considered food warehouses.

(4) "Packaged food" means standard or random weight or volume packages of food commodities that are enclosed in a container or wrapped in any manner in advance of wholesale or retail sale, such that the food commodities cannot be added to or subtracted from the package or wrapping without breaking or tearing the wrapping, container or seals on the wrapping or container.

Sec. 2. (NEW) (Effective October 1, 2015) (a) Preparation of food in a private residential dwelling for sale for human consumption shall be allowed provided it conforms to the regulations adopted pursuant to subsection (b) of this section.

(b) The Commissioner of Public Health, after consulting with the Commissioner of Consumer Protection, shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, to allow the preparation of food in a private residential dwelling for sale for human consumption.

The following Fiscal Impact Statement and Bill Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose. In general, fiscal impacts are based upon a variety of informational sources, including the analyst's professional knowledge. Whenever applicable, agency data is consulted as part of the analysis, however final products do not necessarily reflect an assessment from any specific department.


OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill exempts home bakeries from the Department of Consumer Protection's (DCP) bakery licensing requirements. This will result in a revenue loss that is anticipated to be less than $2,000. The bill also requires the Department of Public Health to adopt regulations regarding food for sale in private residences which has no fiscal impact.

The Out Years

The annualized ongoing fiscal impact identified above would continue into the future subject to inflation.

OLR Bill Analysis

HB 5027

AN ACT CONCERNING COTTAGE FOOD PRODUCTION.

SUMMARY:

This bill exempts home bakeries from the law's bakery licensing requirement. Under current law, home bakeries must be licensed by the Department of Consumer Protection (DCP). In general, to obtain a license a home bakery operator must complete an application and the bakery premises must be inspected.

The bill instead allows preparing food for sale in private residences if the preparation is done according to Department of Public Health (DPH) regulations that the bill requires the DPH commissioner to adopt. The bill does not provide a deadline for adopting the regulations, but requires the DPH commissioner to consult with the DCP commissioner before doing so.

Current law and regulations generally prohibit the sale of home-made food (e.g., CGS §§ 21a-93 and 21a-101, Conn. Agencies Reg. §§ 21a-101-3(f)(3) and 19-13-B40(j)). Exemptions from the prohibition include such foods as jams, jellies, preserves, and acidified food products (CGS § 21a-24a); maple syrup (CGS § 21a-24b); and foods prepared for bake sales or similar events (CGS § 21a-115).

EFFECTIVE DATE: October 1, 2015

COMMITTEE ACTION

General Law Committee

Joint Favorable Change of Reference

Public Health Committee

Joint Favorable