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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
A bill to be entitled 1
An act relating to home kitchen operations; amending 2
s. 500.03, F.S.; providing definitions; amending s. 3
500.80, F.S.; exempting home kitchen operations from 4
food permitting requirements; providing requirements 5
for the sale of home kitchen food products; providing 6
construction; preempting regulation of home kitchen 7
operations to the state; authorizing the Department of 8
Agriculture and Consumer Services to inves tigate 9
complaints, conduct inspections, and impose 10
disciplinary actions; amending s. 500.121, F.S.; 11
providing disciplinary procedures for home kitchen 12
operations; providing an effective date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
16
Section 1. Paragraphs (s) through (cc) of subsection (1) 17
of section 500.03, Florida Statutes, are redesignated as 18
paragraphs (u) through (ee), respectively, paragraph (r) of 19
subsection (1) is amended, and new paragraphs (s) and (t) are 20
added to subsection (1) of that section, to read: 21
500.03 Definitions; construction; applicability. — 22
(1) For the purpose of this chapter, the term: 23
(r) "Food service establishment" means any place where 24
food is prepared and intended for individual portion service, 25
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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
and includes the site at which individual portions are provided. 26
The term includes any such place regardless of whether 27
consumption is on or off the premises and regardless of whether 28
there is a charge for the food. The term includes delicatessens 29
that offer prepared food in individual service portions. The 30
term does not include schools, institutions, fraternal 31
organizations, private homes where food is prepared or served 32
for individual family consumption, retail food stores, the 33
location of food vending mach ines, cottage food operations, home 34
kitchen operations, and supply vehicles, nor does the term 35
include a research and development test kitchen limited to the 36
use of employees and which is not open to the general public. 37
(s) "Home kitchen food product" me ans food that is: 38
1. Stored, handled, prepared, and packaged by a home 39
kitchen operation. 40
2. Not raw milk, a product of raw milk, or raw oysters. 41
3. Prepared, cooked, and served within 24 hours. 42
4. Consumed onsite at a home kitchen operation or off site 43
if the food is picked up by the consumer or delivered within a 44
safe time period based on holding equipment capacity. 45
(t) "Home kitchen operation" means a natural person or an 46
entity that stores, handles, prepares, and packages food 47
products at the residence of the natural person or at the 48
residence of a natural person who has an ownership interest in 49
the entity and sells such products in accordance with s. 500.80. 50
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A home kitchen operation is not a public food service 51
establishment as defined in s. 50 9.013(5). 52
Section 2. Section 500.80, Florida Statutes, is amended to 53
read: 54
500.80 Cottage food and home kitchen operations.— 55
(1)(a) A cottage food operation must comply with the 56
applicable requirements of this chapter but is exempt from the 57
permitting requirements of s. 500.12 if the cottage food 58
operation complies with this section and has annual gross sales 59
of cottage food products that do not exceed $250,000. 60
(b) For purposes of this subsection, a cottage food 61
operation's annual gross sa les include all sales of cottage food 62
products at any location, regardless of the types of products 63
sold or the number of persons involved in the operation. A 64
cottage food operation must provide the department, upon 65
request, with written documentation to v erify the operation's 66
annual gross sales. 67
(c)(2) A cottage food operation may sell, offer for sale, 68
and accept payment for cottage food products over the Internet 69
or by mail order. Such products may be delivered in person 70
directly to the consumer, to a s pecific event venue, or by 71
United States Postal Service or commercial mail delivery 72
service. A cottage food operation may not sell, offer for sale, 73
or deliver cottage food products at wholesale. 74
(d)(3) A cottage food operation may only sell cottage food 75
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products which are prepackaged with a label affixed to the 76
cottage food product that contains the following information: 77
1.(a) The name and address of the cottage food operation. 78
2.(b) The name of the cottage food product. 79
3.(c) The ingredients of th e cottage food product, in 80
descending order of predominance by weight. 81
4.(d) The net weight or net volume of the cottage food 82
product. 83
5.(e) Allergen information as specified by federal 84
labeling requirements. 85
6.(f) If any nutritional claim is made, a ppropriate 86
nutritional information as specified by federal labeling 87
requirements. 88
7.(g) The following statement printed in at least 10 -point 89
type in a color that provides a clear contrast to the background 90
of the label: "Made in a cottage food operation that is not 91
subject to Florida's food safety regulations." 92
(e)(4) A cottage food operation may only sell cottage food 93
products that it stores on the premises of the cottage food 94
operation. 95
(2)(a) A home kitchen operation must comply with the 96
applicable requirements of this chapter but is exempt from the 97
permitting requirements of s. 500.12 if the home kitchen 98
operation complies with this section and has annual gross sales 99
of home kitchen food products that do not exceed $250,000. 100
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(b) A home kitchen op eration may only sell or provide home 101
kitchen food products directly to consumers and may not sell or 102
provide home kitchen food products to any food reseller. 103
(c) A home kitchen operation may sell home kitchen food 104
products to consumers in person or remo tely by telephone, email, 105
or website, including through a third -party website or mobile 106
application. Home kitchen food products may be delivered to 107
consumers by the home kitchen operation, by an employee or agent 108
of the home kitchen operation, or by a thir d-party delivery 109
service. 110
(d) A home kitchen operation shall provide the following 111
information to the consumer in a clear and conspicuous manner on 112
a label affixed to a kitchen food product that is sold in a 113
package or container; on a sign at the point o f sale if the home 114
kitchen food product is not sold in a package or container; and 115
on any food-ordering website or mobile application on which the 116
home kitchen operation advertises: 117
1. The name and telephone number of the home kitchen 118
operation that prepared the home kitchen food product. 119
2. The common or usual name of the home kitchen food 120
product. 121
3. If a home kitchen food product contains more than one 122
ingredient, a list of the ingredients in descending order of 123
predominance by weight. 124
4. The following statement: "Made in a home kitchen." 125
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(3)(5) This section does not exempt a cottage food or home 126
kitchen operation from any state or federal tax law, rule, 127
regulation, or certificate that applies to all cottage food and 128
home kitchen operations. 129
(4)(6) The regulation of cottage food and home kitchen 130
operations is preempted to the state. A local law, ordinance, or 131
regulation may not prohibit a cottage food or home kitchen 132
operation or regulate the preparation, processing, storage, or 133
sale of cottage and home kitchen food products by a cottage food 134
operation; however, a cottage food or home kitchen operation 135
must comply with the conditions for the operation of a home -136
based business under s. 559.955. 137
(5)(7)(a) The department may investigate any complaint 138
which alleges that a cottage food or home kitchen operation has 139
violated an applicable provision of this chapter or rule adopted 140
under this chapter. 141
(b) Only upon receipt of a complaint, the department's 142
authorized officer or employee may enter and inspect the 143
premises of a cottage food or home kitchen operation to 144
determine compliance with this chapter and department rules, as 145
applicable. A cottage food or home kitchen operation's refusal 146
to permit the department's authorized officer or employee entry 147
to the premises or to conduct the inspection is grounds for 148
disciplinary action pursuant to s. 500.121. 149
(6)(8) This section does not apply to a person operating 150
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under a food permit issued pursuant to s. 500.12. 151
Section 3. Subsection (1) of section 500.121, Florida 152
Statutes, is amended to read: 153
500.121 Disciplinary procedures. — 154
(1) In addition to the suspension procedures provided in 155
s. 500.12, if applicable, the depar tment may impose an 156
administrative fine in the Class II category pursuant to s. 157
570.971 against any retail food store, food establishment, or 158
cottage or home kitchen food operation that violates this 159
chapter, which fine, when imposed and paid, shall be dep osited 160
by the department into the General Inspection Trust Fund. The 161
department may revoke or suspend the permit of any such retail 162
food store or food establishment if it is satisfied that the 163
retail food store or food establishment has: 164
(a) Violated this chapter. 165
(b) Violated or aided or abetted in the violation of any 166
law of this state governing or applicable to retail food stores 167
or food establishments or any lawful rules of the department. 168
(c) Knowingly committed, or been a party to, any material 169
fraud, misrepresentation, conspiracy, collusion, trick, scheme, 170
or device whereby another person, lawfully relying upon the 171
word, representation, or conduct of a retail food store or food 172
establishment, acts to her or his injury or damage. 173
(d) Committed any act or conduct of the same or different 174
character than that enumerated which constitutes fraudulent or 175
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dishonest dealing. 176
Section 4. This act shall take effect upon becoming a law. 177