23 LC 33 9221
H. B. 287
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House Bill 287
By: Representatives Thomas of the 65
th
, Schofield of the 63
rd
, and Marin of the 96
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to
1
standards, labeling, and adulteration of food, so as to provide for the operation of2
microenterprise food kitchens; to provide for a short title; to provide for definitions; to3
provide for the issuance of permits; to provide for qualifications for permits; to provide for4
rules and regulations regarding sanitation, equipment, and maintenance; to provide for5
inspections; to provide for operating requirements; to provide for fees; to provide for6
limitations on permits; to provide for statutory construction; to provide for conforming7
changes; to provide for related matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
PART I10
SECTION 1-1.11
Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards,12
labeling, and adulteration of food, is amended by adding a new article to read as follows:13 23 LC 33 9221
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"ARTICLE 1914
26-2-470.15
This article shall be known and may be cited as the 'Microenterprise Home Kitchen16
Operations Act.'17
26-2-471.18
As used in this article, the term:19
(1) 'Food' has the same meaning as in Code Section 26-2-21.20
(2)(A) 'Microenterprise home kitchen' means a noncommercial kitchen facility:21
(i)(I) Located in a private home and operated by a resident of the home where22
ready-to-eat food is handled, stored, prepared, or offered for sale for consumption23
off the premises; or24
(II) Located on a farm where ready-to-eat food is handled, stored, prepared, or25
offered for sale for consumption on or off the premises;26
(ii) That prepares no more than 30 meals per day; and27
(iii) That meets the criteria to be a microenterprise as established by the Department28
of Economic Development.29
(B) Such term does not include:30
(i) A food service establishment;31
(ii) A food sales establishment;32
(iii) Nonprofit food sales and food service provided under a permit issued pursuant33
to Article 14 of this chapter;34
(iv) Food items produced in compliance with a license issued by the Department of35
Agriculture pursuant to Article 2 of this chapter;36
(v) A bed and breakfast inn, as defined by the Department of Public Health pursuant37
to Chapter 28 of Title 31; or38 23 LC 33 9221
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(vi) A group-care facility, as defined in Code Section 49-5-3.39
(3) 'Microenterprise home kitchen permit' means a permit issued by a county board of40
health to an operator for the purpose of operating a microenterprise home kitchen.41
(4) 'Operator' means an individual who resides in the private home and who manages or42
controls the microenterprise home kitchen.43
26-2-472.44
(a) A person shall not operate a microenterprise home kitchen without having first45
obtained a valid microenterprise home kitchen permit pursuant to this article from the46
county board of health in which the microenterprise home kitchen is located.47
(b) County boards of health shall have the power and authority to issue permits to operate48
microenterprise home kitchens in accordance with the provisions of this article and the49
rules and regulations established by the department pursuant to this article.50
(c) A county board of health shall impose a fee for a microenterprise home kitchen permit51
in an amount limited to the administrative costs incurred by the county board of health in52
issuing permits and regulating microenterprise home kitchens.53
(d) A county board of health shall be authorized to deny, suspend, or revoke a54
microenterprise home kitchen permit if the operator of the microenterprise home kitchen55
fails to meet or violates the terms of the permit, this article, or the rules and regulations56
established by the department pursuant to this article.57
26-2-473.58
An operator may qualify for a microenterprise home kitchen permit if:59
(1) Food that is handled, stored, or prepared at the microenterprise home kitchen is60
processed in compliance with state and federal regulations;61 23 LC 33 9221
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(2) The kitchen facility used to handle, store, or prepare food for the microenterprise62
home kitchen meets the requirements established by the department pursuant to this63
article;64
(3) The microenterprise home kitchen operates only during the hours approved in the65
microenterprise home kitchen permit; and66
(4) The microenterprise home kitchen complies with the requirements of this article and67
the rules and regulations established by the department.68
26-2-474.69
(a) The department shall establish rules and regulations to implement the provisions of this70
article, including sanitation, equipment, and maintenance requirements for microenterprise71
home kitchens.72
(b) When establishing rules and regulations pursuant to this Code section, the department73
shall not be authorized to make rules regarding:74
(1) Handwashing facilities, except to require that a handwashing station supplied with75
warm water, soap, and disposable hand towels is conveniently located in food76
preparation, food dispensing, and warewashing areas;77
(2) Kitchen sinks, kitchen sink compartments, and dish sanitation, except to require that78
the kitchen sink has hot and cold water, has a sanitizing agent, and is fully operational79
and that dishes are sanitized between each use;80
(3) The individuals allowed access to the food preparation areas, food storage areas, and81
washing areas, except during food preparation;82
(4) Display guards, covers, or containers for display foods, except to require that83
ready-to-eat food is protected from contamination during storage, preparation, handling,84
transport, and display;85
(5) Outdoor display and sale of food, except to require that food is maintained at proper86
holding temperatures;87 23 LC 33 9221
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(6) Utensils and equipment, except to require that utensils and equipment used in the88
home kitchen:89
(A) Retain their characteristic qualities under normal use conditions;90
(B) Are properly sanitized after use; and91
(C) Are maintained in a sanitary manner between uses;92
(7) Food contact surfaces, except to require that food contact surfaces are smooth, easily93
cleanable, in good repair, and properly sanitized between tasks;94
(8) Nonfood contact surfaces, if those surfaces are made of materials ordinarily used in95
residential settings, except to require that those surfaces are kept clean from the96
accumulation of residue and debris;97
(9) Clean-in-place equipment, except to require that the equipment is cleaned and98
sanitized between uses;99
(10) Ventilation, except to require that gases, odors, steam, heat, grease, vapors, and100
smoke are able to escape the kitchen;101
(11) Fixed temperature measuring devices or product mimicking sensors for the holding102
equipment for time- or temperature-controlled food, except to require nonfixed103
temperature measuring devices for hot and cold holding of food during storage, serving,104
and cooling;105
(12) Fixed floor-mounted and table-mounted equipment, except to require that106
floor-mounted and table-mounted equipment be in good repair and sanitized between107
uses;108
(13) Dedicated laundry facilities, except to require that linens used for the109
microenterprise home kitchen are stored and laundered separately from household110
laundry and that soiled laundry is stored to prevent contamination of food and equipment;111
(14) Water, plumbing, drainage, and waste, except to require that:112
(A) Sinks be supplied with hot and cold potable water from:113
(i) An approved public water system;114 23 LC 33 9221
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(ii) A source that meets the county board of health's regulations regarding the safety115
of drinking water, if the county board of health with jurisdiction over the116
microenterprise home kitchen has regulations regarding the safety of drinking water;117
or118
(iii) A water source that is tested at least once per month for bacteriologic quality,119
and at least once in every three-year period for lead and copper; and120
(B) Food preparation and service be discontinued in the event of a disruption of potable121
water service;122
(15) The number of and path of access to toilet facilities, except to require that toilet123
facilities are equipped with proper handwashing stations;124
(16) Lighting, except to require that food preparations are well lit by natural or artificial125
light whenever food is being prepared;126
(17) Designated dressing areas and storage facilities, except to require that items not127
ordinarily found in a home kitchen are placed or stored away from food preparation areas,128
that dressing takes place outside of the kitchen facility, and that food items are stored in129
a manner that does not allow for contamination;130
(18) The presence and handling of animals, except to require that all animals are kept131
outside of food preparation and service areas;132
(19) Food storage, floor, wall, ceiling, and toilet surfaces, except to require that surfaces133
are smooth, of durable construction, easily cleanable, and kept clean and free of debris;134
(20) Kitchen facilities open to living areas, except to require that food is only prepared,135
handled, or stored in kitchen and food storage areas;136
(21) Submission of plans and specifications before construction or remodel of a kitchen137
facility;138
(22) The number and type of time- or temperature-controlled food offered for sale,139
except:140 23 LC 33 9221
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(A) A raw time- or temperature-controlled food such as raw fish, raw milk, and raw141
shellfish;142
(B) Any food requiring special processes that would necessitate a hazard analysis and143
critical control points plan; and144
(C) Fish from waters of the state;145
(23) Approved food sources, except to require that:146
(A) Food in a hermetically sealed container is obtained from a regulated food147
processing plant;148
(B) Liquid milk and milk products are obtained from sources that comply with state149
and federal standards;150
(C) Fish for sale or service are commercially and legally caught;151
(D) Mushrooms picked in the wild are not offered for sale or service;152
(E) Game animals offered for sale or service are raised, slaughtered, and processed in153
accordance with state laws and regulations; and154
(F) At least 25 percent of ingredients are sourced locally from Georgia farmers and155
small businesses;156
(24) The use of items produced under this article; or157
(25) The use of an open-air barbeque, grill, or outdoor wood-burning oven.158
26-2-475.159
(a) A county board of health shall be authorized to inspect a microenterprise home kitchen160
to ensure compliance by an operator with the provisions of this article and the rules and161
regulations established by the department pursuant to this article.162
(b) A county board of health shall inspect a microenterprise home kitchen only:163
(1) For an initial inspection, no more than one week before the microenterprise home164
kitchen is scheduled to begin operation;165
(2) For an unscheduled inspection, if the county board of health:166 23 LC 33 9221
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(A) Conducts the inspection within three days before or three days after the167
microenterprise home kitchen is scheduled to begin operation;168
(B) Conducts the inspection during operating hours of the microenterprise home169
kitchen; or170
(C) Has a valid reason to suspect that the microenterprise home kitchen is the source171
of an adulterated food or of an outbreak of illness caused by a contaminated food; or172
(3) If the county board of health provides the operator with reasonable advanced notice173
of the inspection.174
(c) The county board of health shall document the reason for any inspection subsequent175
to the initial inspection, maintain a copy of such documentation on file with the176
microenterprise home kitchen's permit, and provide a copy of such documentation to the177
operator of the microenterprise home kitchen.178
26-2-476.179
(a) A microenterprise home kitchen shall:180
(1) Take steps to avoid any potential contamination to:181
(A) Food;182
(B) Equipment;183
(C) Utensils; or184
(D) Unwrapped single-service and single-use articles;185
(2) Prevent an individual from entering the food preparation area while food is being186
prepared if the individual is known to be suffering from:187
(A) Symptoms associated with acute gastrointestinal illness; or188
(B) A communicable disease that is transmissible through food; and189
(3) Comply with the following requirements:190
(A) Time- or temperature-controlled food shall be prepared, cooked, and served on the191
same day;192 23 LC 33 9221
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(B) Food that is sold or provided to a customer may not be consumed onsite at the193
microenterprise home kitchen operation, except if the microenterprise home kitchen194
operation is a farm;195
(C) Food that is sold or provided to a customer shall be picked up by the consumer or196
delivered within a safe time period based on holding equipment capacity;197
(D) Food preparation may not involve processes that require a hazard analysis and198
critical control points plan, or the production, service, or sale of raw milk or raw milk199
products;200
(E) Molluscan shellfish may not be served or sold;201
(F) The operator may only sell or provide food directly to consumers and may not sell202
or provide food to any wholesaler or retailer; and203
(G) The operator shall provide the consumer with a notification that, while a permit has204
been issued by the county board of health, the kitchen may not meet all of the205
requirements of a commercial retail food establishment.206
(b) An operator applying for a microenterprise home kitchen permit shall provide to the207
county board of health:208
(1) Written consent to enter the premises where food is prepared, cooked, stored, or209
harvested for the microenterprise home kitchen; and210
(2) Written standard operating procedures that include:211
(A) All food that will be stored, handled, and prepared;212
(B) The proposed procedures and methods of food preparation and handling;213
(C) Procedures, methods, and schedules for cleaning utensils and equipment;214
(D) Procedures and methods for the disposal of refuse; and215
(E) A plan for maintaining time- or temperature-controlled food at the appropriate216
temperatures for each time- or temperature-controlled food.217 23 LC 33 9221
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26-2-477.218
In addition to the fee charged pursuant to Code Section 26-2-472, if the county board of219
health conducts an inspection because it has a valid reason to suspect that a microenterprise220
home kitchen is a source of an adulterated food or of an outbreak of illness caused by a221
contaminated food and, as a result of such inspection, finds that the microenterprise home222
kitchen was the source of an adulterated food or of an outbreak of illness caused by a223
contaminated food, the county board of health may charge and collect a fee from the224
operator of the microenterprise home kitchen in a reasonable amount not to exceed the total225
direct and indirect costs of conducting the inspection.226
26-2-478.227
(a) A microenterprise home kitchen permit:228
(1) Is nontransferable;229
(2) Is renewable on an annual basis;230
(3) Is restricted to the location and hours listed on the permit;231
(4) Shall include a statement that reads: 'This location is permitted under modified FDA232
requirements'; and233
(5) Shall provide the operator the opportunity to update the food types and products234
handled without requiring the operator to renew the permit.235
(b) This article shall not be construed to prohibit an operator from applying for a different236
type of food service related permit from a county board of health.237
(c) A microenterprise home kitchen permit shall not be considered a public benefit for238
purposes of Code Section 50-36-1."239 23 LC 33 9221
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PART II
240
SECTION 2-1.241
Said chapter is further amended in Article 2, relating to adulteration and misbranding of food,242
by revising paragraph (5) of subsection (a) of Code Section 26-2-21, relating to definitions,243
as follows:244
"(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood245
stores and places of business; food processing plants, except those food processing plants246
which are currently required to obtain a license from the Commissioner under any other247
provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside248
stands; wholesale sandwich and salad manufacturers, including vending machines and249
operations connected therewith; and places of business and similar establishments,250
mobile or permanent, engaged in the sale of food primarily for consumption off the251
premises. Within a food sales establishment, there may be a food service component, not252
separately operated, which may serve customers on site. This food service component253
shall be considered as part of the food sales establishment. This
Such term shall not254
include:255
(A) The food sales component of any food service establishment defined in Code256
Section 26-2-370;257
(B) Food service establishments as defined in Code Section 26-2-370;258
(C) Establishments engaged in the sale of food primarily for consumption off the259
premises if such sale is an authorized part of and occurs upon the site of a fair or260
festival which:261
(i) Is sponsored by a political subdivision of this state; and262
(ii) Lasts 120 hours or less;263
(D) Establishments engaged in the boiling, bottling, and sale of sugar cane syrup or264
sorghum syrup within this state, provided that such bottles contain a label listing the265 23 LC 33 9221
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producer's name and street address, all added ingredients, and the net weight or volume
266
of the product; or
267
(E) Nonprofit food sales and food service provided under a permit issued pursuant to268
Article 14 of this chapter; or269
(F) Microenterprise home kitchens as defined in Code Section 26-2-471."270
SECTION 2-2.271
Said chapter is further amended in Article 13, relating to food service establishments, by272
revising paragraph (2) of Code Section 26-2-370, relating to definitions, as follows:273
"(2) 'Food service establishment' means establishments for the preparation and serving274
of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products275
either for carry out or service within the establishment. Such term includes restaurants;276
coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places277
which retail sandwiches or salads; soda fountains; institutions, both public and private;278
mobile food service establishments; industrial cafeterias; catering establishments; and279
similar facilities by whatever name called. Within a food service establishment, there280
may be a food sales component, not separately operated. This food sales component shall281
be considered as part of the food service establishment. Such term shall not include:282
(A) A food sales establishment, as defined in Code Section 26-2-21, except as283
otherwise stated in this paragraph;284
(B) The food service component of any food sales establishment defined in Code285
Section 26-2-21;286
(C) Any outdoor recreation activity sponsored by the state, a county, a municipality,287
or any department or entity thereof, any outdoor or indoor (other than school cafeteria288
food service) public school function, or any outdoor private school function;289
(D) Any organization which is operating on its own property or on the property of a290
party that has provided written consent for the use of such property for such purpose291 23 LC 33 9221
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and which is exempt from taxes under paragraph (1) of subsection (a) of Code Section
292
48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of293
Section 501(c) of the Internal Revenue Code for the purpose of operating a house or294
other residential structures where seriously ill or injured children and their families are295
provided temporary accommodations in proximity to their treatment hospitals and296
where food is prepared, served, transported, or stored by volunteer personnel;297
(E) Establishments for the preparation and serving of meals, lunches, short orders,298
sandwiches, frozen desserts, or other edible products if such preparation or serving is299
an authorized part of and occurs upon the site of an event which:300
(i) Is sponsored by a political subdivision of this state;301
(ii) Is held on the property of such sponsor or on the property of a party that has302
provided written consent for use of such property for such event; and303
(iii) Lasts 120 hours or less; or
304
(F) Nonprofit food sales and food service provided under a permit issued pursuant to305
Article 14 of this chapter; or306
(G) Microenterprise home kitchens as defined in Code Section 26-2-471."307
SECTION 2-3.308
Said chapter is further amended in Article 14, relating to nonprofit food sales and food309
service, by revising subsection (i) of Code Section 26-2-392, relating to standards for food,310
labeling, and containers, protection from contamination, temperature, prohibited foods,311
utensils and equipment, ice, transport to other location, reuse at another event, handwashing312
facilities, unapproved facilities, and use of offsite kitchens, as follows:313
"(i) This Code section shall in no way be construed to allow the sale of food items which314
have been packaged, bottled, or canned in unapproved facilities. Food items prepared in315
private homes are prohibited; provided, however, that this shall not apply to:316 23 LC 33 9221
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(1) Any any food item produced in compliance with a license issued by the Department317
of Agriculture pursuant to Article 2 of this chapter; or318
(2) Microenterprise home kitchens permitted in accordance with Article 19 of this319
chapter."320
PART III321
SECTION 3-1.322
All laws and parts of laws in conflict with this Act are repealed.323