FL
Florida House Bill H0707

Florida 2022 Regular Session

Florida House Bill H0707 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to home kitchen operations; amending 2
16-s. 500.03, F.S.; providing definitions; creating s. 3
17-500.82; exempting home kitchen operations from food 4
18-permitting requirements; providing requirements for 5
19-home kitchen operations; providing requirements for 6
20-the sale of home kitchen food products; providing 7
21-construction and applicability; preempting the 8
22-regulation of home kitchen operations to the state; 9
23-authorizing the Department of Agriculture and Consumer 10
24-Services to investigate complaints, conduct 11
25-inspections, and impose disciplinary actions; 12
26-providing that home kitchen operations are subject to 13
27-certain disciplinary procedures; amending s. 500.121, 14
28-F.S.; providing that home kitchen operations are 15
29-subject to specified administrative fines; providing 16
30-an effective date. 17
31- 18
32-Be It Enacted by the Legislature of the State of Florida: 19
33- 20
34- Section 1. Paragraphs (s) through (cc) of subsection (1) 21
35-of section 500.03, Florida Statutes, are redesignated as 22
36-paragraphs (u) through (ee), respectively, paragraph (r) of 23
37-subsection (1) is amended, and new paragraphs (s) and (t) are 24
38-added to subsection (1) of that section, to read: 25
16+s. 500.03, F.S.; providing definitions; amending s. 3
17+500.80, F.S.; exempting home kitchen operations from 4
18+food permitting requirements; providing requirements 5
19+for the sale of home kitchen food products; providing 6
20+construction; preempting regulation of home kitchen 7
21+operations to the state; authorizing the Department of 8
22+Agriculture and Consumer Services to inves tigate 9
23+complaints, conduct inspections, and impose 10
24+disciplinary actions; amending s. 500.121, F.S.; 11
25+providing disciplinary procedures for home kitchen 12
26+operations; providing an effective date. 13
27+ 14
28+Be It Enacted by the Legislature of the State of Florida: 15
29+ 16
30+ Section 1. Paragraphs (s) through (cc) of subsection (1) 17
31+of section 500.03, Florida Statutes, are redesignated as 18
32+paragraphs (u) through (ee), respectively, paragraph (r) of 19
33+subsection (1) is amended, and new paragraphs (s) and (t) are 20
34+added to subsection (1) of that section, to read: 21
35+ 500.03 Definitions; construction; applicability. — 22
36+ (1) For the purpose of this chapter, the term: 23
37+ (r) "Food service establishment" means any place where 24
38+food is prepared and intended for individual portion service, 25
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4747 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
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51- 500.03 Definitions; construction; applica bility.— 26
52- (1) For the purpose of this chapter, the term: 27
53- (r) "Food service establishment" means any place where 28
54-food is prepared and intended for individual portion service, 29
55-and includes the site at which individual portions are provided. 30
56-The term includes any such place regardless of whether 31
57-consumption is on or off the premises and regardless of whether 32
58-there is a charge for the food. The term includes delicatessens 33
59-that offer prepared food in individual service portions. The 34
60-term does not include scho ols, institutions, fraternal 35
61-organizations, private homes where food is prepared or served 36
62-for individual family consumption, retail food stores, the 37
63-location of food vending machines, cottage food operations, home 38
64-kitchen operations, and supply vehicles, nor does the term 39
65-include a research and development test kitchen limited to the 40
66-use of employees and which is not open to the general public. 41
67- (s) "Home kitchen food product" means food that is: 42
68- 1. Stored, handled, prepared, and packaged by a home 43
69-kitchen operation. 44
70- 2. Not raw milk, raw milk products, raw oysters, or raw 45
71-shellfish. 46
72- (t) "Home kitchen operation" means a natural person or an 47
73-entity that stores, handles, and prepares home kitchen food 48
74-products at the residence of the natural person or a t the 49
75-residence of a natural person who has an ownership interest in 50
51+and includes the site at which individual portions are provided. 26
52+The term includes any such place regardless of whether 27
53+consumption is on or off the premises and regardless of whether 28
54+there is a charge for the food. The term includes delicatessens 29
55+that offer prepared food in individual service portions. The 30
56+term does not include schools, institutions, fraternal 31
57+organizations, private homes where food is prepared or served 32
58+for individual family consumption, retail food stores, the 33
59+location of food vending mach ines, cottage food operations, home 34
60+kitchen operations, and supply vehicles, nor does the term 35
61+include a research and development test kitchen limited to the 36
62+use of employees and which is not open to the general public. 37
63+ (s) "Home kitchen food product" me ans food that is: 38
64+ 1. Stored, handled, prepared, and packaged by a home 39
65+kitchen operation. 40
66+ 2. Not raw milk, a product of raw milk, or raw oysters. 41
67+ 3. Prepared, cooked, and served within 24 hours. 42
68+ 4. Consumed onsite at a home kitchen operation or off site 43
69+if the food is picked up by the consumer or delivered within a 44
70+safe time period based on holding equipment capacity. 45
71+ (t) "Home kitchen operation" means a natural person or an 46
72+entity that stores, handles, prepares, and packages food 47
73+products at the residence of the natural person or at the 48
74+residence of a natural person who has an ownership interest in 49
75+the entity and sells such products in accordance with s. 500.80. 50
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8484 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
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88-the entity and sells such products in accordance with s. 500.82. 51
89-A home kitchen operation is not: 52
90- 1. A public food service establishment as defined in s. 53
91-509.013(5). 54
92- 2. A catering operation licensed under chapter 509. 55
93- 3. A cottage food operation. 56
94- Section 2. Section 500.82, Florida Statutes, is created to 57
95-read: 58
96- 500.82 Home kitchen operations. — 59
97- (1)(a) A home kitchen operation must comply with the 60
98-applicable requirements of this chapter but is exempt from the 61
99-permitting requirements of s. 500.12 if the home kitchen 62
100-operation complies with this section and: 63
101- 1. Has annual gross sales of home kitchen food products 64
102-that do not exceed $250,000. 65
103- 2. Limits preparation and service of home kitchen food 66
104-products to no more than 10 individual meals per day or the 67
105-approximate equivalent of meal components when sold separately. 68
106- 3. Prepares, cooks, and serves home kitchen food products 69
107-on the same calendar d ay. 70
108- 4. Processes home kitchen food products in compliance with 71
109-state and federal regulations and s. 500.80. 72
110- (b) For purposes of this subsection, a home kitchen 73
111-operation's annual gross sales include all sales of home kitchen 74
112-food products at any locati on, regardless of the types of 75
88+A home kitchen operation is not a public food service 51
89+establishment as defined in s. 50 9.013(5). 52
90+ Section 2. Section 500.80, Florida Statutes, is amended to 53
91+read: 54
92+ 500.80 Cottage food and home kitchen operations.— 55
93+ (1)(a) A cottage food operation must comply with the 56
94+applicable requirements of this chapter but is exempt from the 57
95+permitting requirements of s. 500.12 if the cottage food 58
96+operation complies with this section and has annual gross sales 59
97+of cottage food products that do not exceed $250,000. 60
98+ (b) For purposes of this subsection, a cottage food 61
99+operation's annual gross sa les include all sales of cottage food 62
100+products at any location, regardless of the types of products 63
101+sold or the number of persons involved in the operation. A 64
102+cottage food operation must provide the department, upon 65
103+request, with written documentation to v erify the operation's 66
104+annual gross sales. 67
105+ (c)(2) A cottage food operation may sell, offer for sale, 68
106+and accept payment for cottage food products over the Internet 69
107+or by mail order. Such products may be delivered in person 70
108+directly to the consumer, to a s pecific event venue, or by 71
109+United States Postal Service or commercial mail delivery 72
110+service. A cottage food operation may not sell, offer for sale, 73
111+or deliver cottage food products at wholesale. 74
112+ (d)(3) A cottage food operation may only sell cottage food 75
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121121 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
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125-products sold or the number of persons involved in the 76
126-operation. A home kitchen operation must provide the department, 77
127-upon request, with written documentation to verify the 78
128-operation's annual gross sales, and the department shall be 79
129-granted access to such records within 24 hours of the request. 80
130- (2) A home kitchen operation may sell, offer for sale, and 81
131-accept payment for home kitchen food products over the Internet 82
132-or in person. Such products may be delivered in person dir ectly 83
133-to the consumer, to a specific event venue, or to the consumer 84
134-by the home kitchen operation or a third party delivery service. 85
135-A home kitchen operation may not sell, offer for sale, or 86
136-deliver home kitchen food products to any wholesaler or 87
137-retailer. 88
138- (3) All home kitchen operation owners and employees must 89
139-successfully complete a food safety certificate training program 90
140-that complies with the United States Food and Drug 91
141-Administration's Food Safety Modernization Act. The course, at a 92
142-minimum, must include information and training on cross -93
143-contamination, temperature control, and personal hygiene. 94
144- (4) A home kitchen operation must: 95
145- (a) Take steps to avoid any potential contamination to: 96
146- 1. Food. 97
147- 2. Equipment. 98
148- 3. Utensils. 99
149- 4. Unwrapped single-service and single-use articles. 100
125+products which are prepackaged with a label affixed to the 76
126+cottage food product that contains the following information: 77
127+ 1.(a) The name and address of the cottage food operation. 78
128+ 2.(b) The name of the cottage food product. 79
129+ 3.(c) The ingredients of th e cottage food product, in 80
130+descending order of predominance by weight. 81
131+ 4.(d) The net weight or net volume of the cottage food 82
132+product. 83
133+ 5.(e) Allergen information as specified by federal 84
134+labeling requirements. 85
135+ 6.(f) If any nutritional claim is made, a ppropriate 86
136+nutritional information as specified by federal labeling 87
137+requirements. 88
138+ 7.(g) The following statement printed in at least 10 -point 89
139+type in a color that provides a clear contrast to the background 90
140+of the label: "Made in a cottage food operation that is not 91
141+subject to Florida's food safety regulations." 92
142+ (e)(4) A cottage food operation may only sell cottage food 93
143+products that it stores on the premises of the cottage food 94
144+operation. 95
145+ (2)(a) A home kitchen operation must comply with the 96
146+applicable requirements of this chapter but is exempt from the 97
147+permitting requirements of s. 500.12 if the home kitchen 98
148+operation complies with this section and has annual gross sales 99
149+of home kitchen food products that do not exceed $250,000. 100
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158158 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
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162- (b) Prevent an individual from entering the food 101
163-preparation area while food is being prepared if the individual 102
164-is known to be suffering from: 103
165- 1. Symptoms associated with acute gastrointestinal 104
166-illness; or 105
167- 2. A communicable disease that is transmissible through 106
168-food. 107
169- (c) Ensure a handwashing station supplied with warm water, 108
170-soap, and disposable hand towels is conveniently located in food 109
171-preparation, food dispensing, and warewashing areas. 110
172- (d) Ensure that the kitchen sink is fully operational and 111
173-has hot and cold water and a sanitizing agent, and that dishes 112
174-are sanitized between each use. 113
175- (e) Ensure that ready -to-eat home kitchen food products 114
176-are protected from contamination during storage, preparation, 115
177-handling, transport, and display. 116
178- (f) Ensure that home kitchen food products are maintained 117
179-at proper holding temperatures. 118
180- (g) Ensure that utensils and equipment used in the home 119
181-kitchen operation: 120
182- 1. Retain their characteristic qualities under norma l use 121
183-conditions. 122
184- 2. Are properly sanitized after each use. 123
185- 3. Are maintained in a sanitary manner between uses. 124
186- (h) Ensure that kitchen equipment is cleaned and sanitized 125
162+ (b) A home kitchen op eration may only sell or provide home 101
163+kitchen food products directly to consumers and may not sell or 102
164+provide home kitchen food products to any food reseller. 103
165+ (c) A home kitchen operation may sell home kitchen food 104
166+products to consumers in person or remo tely by telephone, email, 105
167+or website, including through a third -party website or mobile 106
168+application. Home kitchen food products may be delivered to 107
169+consumers by the home kitchen operation, by an employee or agent 108
170+of the home kitchen operation, or by a thir d-party delivery 109
171+service. 110
172+ (d) A home kitchen operation shall provide the following 111
173+information to the consumer in a clear and conspicuous manner on 112
174+a label affixed to a kitchen food product that is sold in a 113
175+package or container; on a sign at the point o f sale if the home 114
176+kitchen food product is not sold in a package or container; and 115
177+on any food-ordering website or mobile application on which the 116
178+home kitchen operation advertises: 117
179+ 1. The name and telephone number of the home kitchen 118
180+operation that prepared the home kitchen food product. 119
181+ 2. The common or usual name of the home kitchen food 120
182+product. 121
183+ 3. If a home kitchen food product contains more than one 122
184+ingredient, a list of the ingredients in descending order of 123
185+predominance by weight. 124
186+ 4. The following statement: "Made in a home kitchen." 125
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195195 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
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199-between uses. 126
200- (i) Ensure that gases, odors, steam, heat, grease, vapors, 127
201-and smoke are able to escape the kitchen. 128
202- (j) Ensure that temperature measuring devices or holding 129
203-equipment for the time or temperature control of food is 130
204-properly used for hot and cold holding of home kitchen food 131
205-products during storage, serving, and coo ling. 132
206- (k) Ensure that home kitchen food product preparation and 133
207-service is discontinued if there is a disruption of potable 134
208-water service. 135
209- (5) A home kitchen operation may only sell home kitchen 136
210-food products which are affixed with a label that contains the 137
211-following information: 138
212- (a) The name and address of the home kitchen operation. 139
213- (b) The name of the home kitchen food product. 140
214- (c) The ingredients of the home kitchen food product, in 141
215-descending order of predominance by weight. 142
216- (d) The net weight or net volume of the home kitchen food 143
217-product. 144
218- (e) Allergen information as specified by federal labeling 145
219-requirements. 146
220- (f) If any nutritional claim is made, appropriate 147
221-nutritional information as specified by federal labeling 148
222-requirements. 149
223- (g) The following statement printed in at least 10 -point 150
199+ (3)(5) This section does not exempt a cottage food or home 126
200+kitchen operation from any state or federal tax law, rule, 127
201+regulation, or certificate that applies to all cottage food and 128
202+home kitchen operations. 129
203+ (4)(6) The regulation of cottage food and home kitchen 130
204+operations is preempted to the state. A local law, ordinance, or 131
205+regulation may not prohibit a cottage food or home kitchen 132
206+operation or regulate the preparation, processing, storage, or 133
207+sale of cottage and home kitchen food products by a cottage food 134
208+operation; however, a cottage food or home kitchen operation 135
209+must comply with the conditions for the operation of a home -136
210+based business under s. 559.955. 137
211+ (5)(7)(a) The department may investigate any complaint 138
212+which alleges that a cottage food or home kitchen operation has 139
213+violated an applicable provision of this chapter or rule adopted 140
214+under this chapter. 141
215+ (b) Only upon receipt of a complaint, the department's 142
216+authorized officer or employee may enter and inspect the 143
217+premises of a cottage food or home kitchen operation to 144
218+determine compliance with this chapter and department rules, as 145
219+applicable. A cottage food or home kitchen operation's refusal 146
220+to permit the department's authorized officer or employee entry 147
221+to the premises or to conduct the inspection is grounds for 148
222+disciplinary action pursuant to s. 500.121. 149
223+ (6)(8) This section does not apply to a person operating 150
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232232 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
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236-type in a color that provides a clear contrast to the background 151
237-of the label: "Made in a home kitchen operation that is not 152
238-subject to Florida's food safety regulations." 153
239- (6) This section does not: 154
240- (a) Exempt a home kitchen operation from any state or 155
241-federal tax law, rule, regulation, or certificate that applies 156
242-to all home kitchen operations. 157
243- (b) Prevent the department or a local health department 158
244-from enforcing an order to cease and desist operation of a home 159
245-kitchen if the department or the local health department has a 160
246-valid reason to suspect that the home kitchen operation is the 161
247-source of an adulterated food or of an outbreak of illn ess 162
248-caused by contaminated food. 163
249- (c) Apply to a person operating under a food permit issued 164
250-pursuant to s. 500.12. 165
251- (7) The regulation of home kitchen operations is preempted 166
252-to the state. A local law, ordinance, or regulation may not 167
253-prohibit a home kitchen operation or regulate the preparation, 168
254-processing, storage, or sale of home kitchen food products by a 169
255-home kitchen operation; however, a home kitchen operation must 170
256-comply with the conditions for the operation of a home -based 171
257-business under s. 559.9 55. 172
258- (8)(a) The department must investigate any complaint which 173
259-alleges that a home kitchen operation has violated an applicable 174
260-provision of this chapter or rule adopted under this chapter. 175
236+under a food permit issued pursuant to s. 500.12. 151
237+ Section 3. Subsection (1) of section 500.121, Florida 152
238+Statutes, is amended to read: 153
239+ 500.121 Disciplinary procedures. — 154
240+ (1) In addition to the suspension procedures provided in 155
241+s. 500.12, if applicable, the depar tment may impose an 156
242+administrative fine in the Class II category pursuant to s. 157
243+570.971 against any retail food store, food establishment, or 158
244+cottage or home kitchen food operation that violates this 159
245+chapter, which fine, when imposed and paid, shall be dep osited 160
246+by the department into the General Inspection Trust Fund. The 161
247+department may revoke or suspend the permit of any such retail 162
248+food store or food establishment if it is satisfied that the 163
249+retail food store or food establishment has: 164
250+ (a) Violated this chapter. 165
251+ (b) Violated or aided or abetted in the violation of any 166
252+law of this state governing or applicable to retail food stores 167
253+or food establishments or any lawful rules of the department. 168
254+ (c) Knowingly committed, or been a party to, any material 169
255+fraud, misrepresentation, conspiracy, collusion, trick, scheme, 170
256+or device whereby another person, lawfully relying upon the 171
257+word, representation, or conduct of a retail food store or food 172
258+establishment, acts to her or his injury or damage. 173
259+ (d) Committed any act or conduct of the same or different 174
260+character than that enumerated which constitutes fraudulent or 175
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273- (b) Upon receipt of a complaint, the department's 176
274-authorized officer or employee must enter and inspect the 177
275-premises of a home kitchen operation to determine compliance 178
276-with this chapter and department rules, as applicable. A home 179
277-kitchen operation's refusal to permit the department's 180
278-authorized officer or employee e ntry to the premises or to 181
279-conduct the inspection is grounds for disciplinary action 182
280-pursuant to s. 500.121. 183
281- (9) A home kitchen operation is subject to the 184
282-disciplinary procedures under s. 500.121(7). 185
283- Section 3. Subsection (1) of section 500.121, Flo rida 186
284-Statutes, is amended to read: 187
285- 500.121 Disciplinary procedures. — 188
286- (1) In addition to the suspension procedures provided in 189
287-s. 500.12, if applicable, the department may impose an 190
288-administrative fine in the Class II category pursuant to s. 191
289-570.971 against any retail food store, food establishment, home 192
290-kitchen operation, or cottage food operation that violates this 193
291-chapter, which fine, when imposed and paid, shall be deposited 194
292-by the department into the General Inspection Trust Fund. The 195
293-department may revoke or suspend the permit of any such retail 196
294-food store or food establishment if it is satisfied that the 197
295-retail food store or food establishment has: 198
296- (a) Violated this chapter. 199
297- (b) Violated or aided or abetted in the violation of any 200
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306-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
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310-law of this state governing or applicable to retail food stores 201
311-or food establishments or any lawful rules of the department. 202
312- (c) Knowingly committed, or been a party to, any material 203
313-fraud, misrepresentation, conspiracy, collusion, trick, scheme, 204
314-or device whereby another person, lawfully relying upon the 205
315-word, representation, or conduct of a retail food store or food 206
316-establishment, acts to her or his injury or damage. 207
317- (d) Committed any act or conduct of the same or different 208
318-character than that enumerated which co nstitutes fraudulent or 209
319-dishonest dealing. 210
320- Section 4. This act shall take effect July 1, 2022. 211
273+dishonest dealing. 176
274+ Section 4. This act shall take effect upon becoming a law. 177