CS/HB 707 2022
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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; creating s. 3
500.82; exempting home kitchen operations from food 4
permitting requirements; providing requirements for 5
home kitchen operations; providing requirements for 6
the sale of home kitchen food products; providing 7
construction and applicability; preempting the 8
regulation of home kitchen operations to the state; 9
authorizing the Department of Agriculture and Consumer 10
Services to investigate complaints, conduct 11
inspections, and impose disciplinary actions; 12
providing that home kitchen operations are subject to 13
certain disciplinary procedures; amending s. 500.121, 14
F.S.; providing that home kitchen operations are 15
subject to specified administrative fines; providing 16
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
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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
500.03 Definitions; construction; applica bility.— 26
(1) For the purpose of this chapter, the term: 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 scho ols, 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 food product" means food that is: 42
1. Stored, handled, prepared, and packaged by a home 43
kitchen operation. 44
2. Not raw milk, raw milk products, raw oysters, or raw 45
shellfish. 46
(t) "Home kitchen operation" means a natural person or an 47
entity that stores, handles, and prepares home kitchen food 48
products at the residence of the natural person or a t the 49
residence of a natural person who has an ownership interest in 50
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the entity and sells such products in accordance with s. 500.82. 51
A home kitchen operation is not: 52
1. A public food service establishment as defined in s. 53
509.013(5). 54
2. A catering operation licensed under chapter 509. 55
3. A cottage food operation. 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 food products 64
that do 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 d ay. 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 73
operation's annual gross sales include all sales of home kitchen 74
food products at any locati on, regardless of the types of 75
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products sold or the number of persons involved in the 76
operation. A home kitchen operation must provide the department, 77
upon request, with written documentation to verify the 78
operation's annual gross sales, and the department shall be 79
granted access to such 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 food products over the Internet 82
or in person. Such products may be delivered in person dir ectly 83
to the consumer, to a specific event venue, or to the consumer 84
by the home kitchen operation or a third party delivery service. 85
A home kitchen operation may not sell, offer for sale, or 86
deliver home kitchen food products to any wholesaler or 87
retailer. 88
(3) All home kitchen operation owners and employees must 89
successfully complete a food safety certificate training program 90
that complies with the United States Food and Drug 91
Administration's Food Safety Modernization Act. The course, at a 92
minimum, must include information and training on cross -93
contamination, temperature control, and personal hygiene. 94
(4) A home kitchen operation must: 95
(a) Take steps to avoid any potential contamination to: 96
1. Food. 97
2. Equipment. 98
3. Utensils. 99
4. Unwrapped single-service and single-use articles. 100
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(b) Prevent an individual from entering the food 101
preparation area while food is being prepared if the individual 102
is known to be suffering from: 103
1. Symptoms associated with acute gastrointestinal 104
illness; or 105
2. A communicable disease that is transmissible through 106
food. 107
(c) Ensure a handwashing station supplied with warm water, 108
soap, and disposable hand towels is conveniently located in food 109
preparation, food dispensing, and warewashing areas. 110
(d) Ensure that the kitchen sink is fully operational and 111
has hot and cold water and a sanitizing agent, and that dishes 112
are sanitized between each use. 113
(e) Ensure that ready -to-eat home kitchen food products 114
are protected from contamination during storage, preparation, 115
handling, transport, and display. 116
(f) Ensure that home kitchen food products are maintained 117
at proper holding temperatures. 118
(g) Ensure that utensils and equipment used in the home 119
kitchen operation: 120
1. Retain their characteristic qualities under norma l use 121
conditions. 122
2. Are properly sanitized after each use. 123
3. Are maintained in a sanitary manner between uses. 124
(h) Ensure that kitchen equipment is cleaned and sanitized 125
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between uses. 126
(i) Ensure that gases, odors, steam, heat, grease, vapors, 127
and smoke are able to escape the kitchen. 128
(j) Ensure that temperature measuring devices or holding 129
equipment for the time or temperature control of food is 130
properly used for hot and cold holding of home kitchen food 131
products during storage, serving, and coo ling. 132
(k) Ensure that home kitchen food product preparation and 133
service is discontinued if there is a disruption of potable 134
water service. 135
(5) A home kitchen operation may only sell home kitchen 136
food products which are affixed with a label that contains the 137
following information: 138
(a) The name and address of the home kitchen operation. 139
(b) The name of the home kitchen food product. 140
(c) The ingredients of the home kitchen food product, in 141
descending order of predominance by weight. 142
(d) The net weight or net volume of the home kitchen food 143
product. 144
(e) Allergen information as specified by federal labeling 145
requirements. 146
(f) If any nutritional claim is made, appropriate 147
nutritional information as specified by federal labeling 148
requirements. 149
(g) The following statement printed in at least 10 -point 150
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type in a color that provides a clear contrast to the background 151
of the label: "Made in a home kitchen operation that is not 152
subject to Florida's food safety regulations." 153
(6) This section does not: 154
(a) Exempt a home kitchen operation from any state or 155
federal tax law, rule, regulation, or certificate that applies 156
to all home kitchen operations. 157
(b) Prevent the department or a local health department 158
from enforcing an order to cease and desist operation of a home 159
kitchen if the department or the local health department has a 160
valid reason to suspect that the home kitchen operation is the 161
source of an adulterated food or of an outbreak of illn ess 162
caused by contaminated food. 163
(c) Apply to a person operating under a food permit issued 164
pursuant to s. 500.12. 165
(7) The regulation of home kitchen operations is preempted 166
to the state. A local law, ordinance, or regulation may not 167
prohibit a home kitchen operation or regulate the preparation, 168
processing, storage, or sale of home kitchen food products by a 169
home kitchen operation; however, a home kitchen operation must 170
comply with the conditions for the operation of a home -based 171
business under s. 559.9 55. 172
(8)(a) The department must investigate any complaint which 173
alleges that a home kitchen operation has violated an applicable 174
provision of this chapter or rule adopted under this chapter. 175
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(b) Upon receipt of a complaint, the department's 176
authorized officer or employee must enter and inspect the 177
premises of a home kitchen operation to determine compliance 178
with this chapter and department rules, as applicable. A home 179
kitchen operation's refusal to permit the department's 180
authorized officer or employee e ntry to the premises or to 181
conduct the inspection is grounds for disciplinary action 182
pursuant to s. 500.121. 183
(9) A home kitchen operation is subject to the 184
disciplinary procedures under s. 500.121(7). 185
Section 3. Subsection (1) of section 500.121, Flo rida 186
Statutes, is amended to read: 187
500.121 Disciplinary procedures. — 188
(1) In addition to the suspension procedures provided in 189
s. 500.12, if applicable, the department may impose an 190
administrative fine in the Class II category pursuant to s. 191
570.971 against any retail food store, food establishment, home 192
kitchen operation, or cottage food operation that violates this 193
chapter, which fine, when imposed and paid, shall be deposited 194
by the department into the General Inspection Trust Fund. The 195
department may revoke or suspend the permit of any such retail 196
food store or food establishment if it is satisfied that the 197
retail food store or food establishment has: 198
(a) Violated this chapter. 199
(b) Violated or aided or abetted in the violation of any 200
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law of this state governing or applicable to retail food stores 201
or food establishments or any lawful rules of the department. 202
(c) Knowingly committed, or been a party to, any material 203
fraud, misrepresentation, conspiracy, collusion, trick, scheme, 204
or device whereby another person, lawfully relying upon the 205
word, representation, or conduct of a retail food store or food 206
establishment, acts to her or his injury or damage. 207
(d) Committed any act or conduct of the same or different 208
character than that enumerated which co nstitutes fraudulent or 209
dishonest dealing. 210
Section 4. This act shall take effect July 1, 2022. 211