| 1 | 1 | | 23 LC 33 9221 |
|---|
| 2 | 2 | | H. B. 287 |
|---|
| 3 | 3 | | - 1 - |
|---|
| 4 | 4 | | House Bill 287 |
|---|
| 5 | 5 | | By: Representatives Thomas of the 65 |
|---|
| 6 | 6 | | th |
|---|
| 7 | 7 | | , Schofield of the 63 |
|---|
| 8 | 8 | | rd |
|---|
| 9 | 9 | | , and Marin of the 96 |
|---|
| 10 | 10 | | th |
|---|
| 11 | 11 | | |
|---|
| 12 | 12 | | A BILL TO BE ENTITLED |
|---|
| 13 | 13 | | AN ACT |
|---|
| 14 | 14 | | To amend Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to |
|---|
| 15 | 15 | | 1 |
|---|
| 16 | 16 | | standards, labeling, and adulteration of food, so as to provide for the operation of2 |
|---|
| 17 | 17 | | microenterprise food kitchens; to provide for a short title; to provide for definitions; to3 |
|---|
| 18 | 18 | | provide for the issuance of permits; to provide for qualifications for permits; to provide for4 |
|---|
| 19 | 19 | | rules and regulations regarding sanitation, equipment, and maintenance; to provide for5 |
|---|
| 20 | 20 | | inspections; to provide for operating requirements; to provide for fees; to provide for6 |
|---|
| 21 | 21 | | limitations on permits; to provide for statutory construction; to provide for conforming7 |
|---|
| 22 | 22 | | changes; to provide for related matters; to repeal conflicting laws; and for other purposes.8 |
|---|
| 23 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
|---|
| 24 | 24 | | PART I10 |
|---|
| 25 | 25 | | SECTION 1-1.11 |
|---|
| 26 | 26 | | Chapter 2 of Title 26 of the Official Code of Georgia Annotated, relating to standards,12 |
|---|
| 27 | 27 | | labeling, and adulteration of food, is amended by adding a new article to read as follows:13 23 LC 33 9221 |
|---|
| 28 | 28 | | H. B. 287 |
|---|
| 29 | 29 | | - 2 - |
|---|
| 30 | 30 | | "ARTICLE 1914 |
|---|
| 31 | 31 | | 26-2-470.15 |
|---|
| 32 | 32 | | This article shall be known and may be cited as the 'Microenterprise Home Kitchen16 |
|---|
| 33 | 33 | | Operations Act.'17 |
|---|
| 34 | 34 | | 26-2-471.18 |
|---|
| 35 | 35 | | As used in this article, the term:19 |
|---|
| 36 | 36 | | (1) 'Food' has the same meaning as in Code Section 26-2-21.20 |
|---|
| 37 | 37 | | (2)(A) 'Microenterprise home kitchen' means a noncommercial kitchen facility:21 |
|---|
| 38 | 38 | | (i)(I) Located in a private home and operated by a resident of the home where22 |
|---|
| 39 | 39 | | ready-to-eat food is handled, stored, prepared, or offered for sale for consumption23 |
|---|
| 40 | 40 | | off the premises; or24 |
|---|
| 41 | 41 | | (II) Located on a farm where ready-to-eat food is handled, stored, prepared, or25 |
|---|
| 42 | 42 | | offered for sale for consumption on or off the premises;26 |
|---|
| 43 | 43 | | (ii) That prepares no more than 30 meals per day; and27 |
|---|
| 44 | 44 | | (iii) That meets the criteria to be a microenterprise as established by the Department28 |
|---|
| 45 | 45 | | of Economic Development.29 |
|---|
| 46 | 46 | | (B) Such term does not include:30 |
|---|
| 47 | 47 | | (i) A food service establishment;31 |
|---|
| 48 | 48 | | (ii) A food sales establishment;32 |
|---|
| 49 | 49 | | (iii) Nonprofit food sales and food service provided under a permit issued pursuant33 |
|---|
| 50 | 50 | | to Article 14 of this chapter;34 |
|---|
| 51 | 51 | | (iv) Food items produced in compliance with a license issued by the Department of35 |
|---|
| 52 | 52 | | Agriculture pursuant to Article 2 of this chapter;36 |
|---|
| 53 | 53 | | (v) A bed and breakfast inn, as defined by the Department of Public Health pursuant37 |
|---|
| 54 | 54 | | to Chapter 28 of Title 31; or38 23 LC 33 9221 |
|---|
| 55 | 55 | | H. B. 287 |
|---|
| 56 | 56 | | - 3 - |
|---|
| 57 | 57 | | (vi) A group-care facility, as defined in Code Section 49-5-3.39 |
|---|
| 58 | 58 | | (3) 'Microenterprise home kitchen permit' means a permit issued by a county board of40 |
|---|
| 59 | 59 | | health to an operator for the purpose of operating a microenterprise home kitchen.41 |
|---|
| 60 | 60 | | (4) 'Operator' means an individual who resides in the private home and who manages or42 |
|---|
| 61 | 61 | | controls the microenterprise home kitchen.43 |
|---|
| 62 | 62 | | 26-2-472.44 |
|---|
| 63 | 63 | | (a) A person shall not operate a microenterprise home kitchen without having first45 |
|---|
| 64 | 64 | | obtained a valid microenterprise home kitchen permit pursuant to this article from the46 |
|---|
| 65 | 65 | | county board of health in which the microenterprise home kitchen is located.47 |
|---|
| 66 | 66 | | (b) County boards of health shall have the power and authority to issue permits to operate48 |
|---|
| 67 | 67 | | microenterprise home kitchens in accordance with the provisions of this article and the49 |
|---|
| 68 | 68 | | rules and regulations established by the department pursuant to this article.50 |
|---|
| 69 | 69 | | (c) A county board of health shall impose a fee for a microenterprise home kitchen permit51 |
|---|
| 70 | 70 | | in an amount limited to the administrative costs incurred by the county board of health in52 |
|---|
| 71 | 71 | | issuing permits and regulating microenterprise home kitchens.53 |
|---|
| 72 | 72 | | (d) A county board of health shall be authorized to deny, suspend, or revoke a54 |
|---|
| 73 | 73 | | microenterprise home kitchen permit if the operator of the microenterprise home kitchen55 |
|---|
| 74 | 74 | | fails to meet or violates the terms of the permit, this article, or the rules and regulations56 |
|---|
| 75 | 75 | | established by the department pursuant to this article.57 |
|---|
| 76 | 76 | | 26-2-473.58 |
|---|
| 77 | 77 | | An operator may qualify for a microenterprise home kitchen permit if:59 |
|---|
| 78 | 78 | | (1) Food that is handled, stored, or prepared at the microenterprise home kitchen is60 |
|---|
| 79 | 79 | | processed in compliance with state and federal regulations;61 23 LC 33 9221 |
|---|
| 80 | 80 | | H. B. 287 |
|---|
| 81 | 81 | | - 4 - |
|---|
| 82 | 82 | | (2) The kitchen facility used to handle, store, or prepare food for the microenterprise62 |
|---|
| 83 | 83 | | home kitchen meets the requirements established by the department pursuant to this63 |
|---|
| 84 | 84 | | article;64 |
|---|
| 85 | 85 | | (3) The microenterprise home kitchen operates only during the hours approved in the65 |
|---|
| 86 | 86 | | microenterprise home kitchen permit; and66 |
|---|
| 87 | 87 | | (4) The microenterprise home kitchen complies with the requirements of this article and67 |
|---|
| 88 | 88 | | the rules and regulations established by the department.68 |
|---|
| 89 | 89 | | 26-2-474.69 |
|---|
| 90 | 90 | | (a) The department shall establish rules and regulations to implement the provisions of this70 |
|---|
| 91 | 91 | | article, including sanitation, equipment, and maintenance requirements for microenterprise71 |
|---|
| 92 | 92 | | home kitchens.72 |
|---|
| 93 | 93 | | (b) When establishing rules and regulations pursuant to this Code section, the department73 |
|---|
| 94 | 94 | | shall not be authorized to make rules regarding:74 |
|---|
| 95 | 95 | | (1) Handwashing facilities, except to require that a handwashing station supplied with75 |
|---|
| 96 | 96 | | warm water, soap, and disposable hand towels is conveniently located in food76 |
|---|
| 97 | 97 | | preparation, food dispensing, and warewashing areas;77 |
|---|
| 98 | 98 | | (2) Kitchen sinks, kitchen sink compartments, and dish sanitation, except to require that78 |
|---|
| 99 | 99 | | the kitchen sink has hot and cold water, has a sanitizing agent, and is fully operational79 |
|---|
| 100 | 100 | | and that dishes are sanitized between each use;80 |
|---|
| 101 | 101 | | (3) The individuals allowed access to the food preparation areas, food storage areas, and81 |
|---|
| 102 | 102 | | washing areas, except during food preparation;82 |
|---|
| 103 | 103 | | (4) Display guards, covers, or containers for display foods, except to require that83 |
|---|
| 104 | 104 | | ready-to-eat food is protected from contamination during storage, preparation, handling,84 |
|---|
| 105 | 105 | | transport, and display;85 |
|---|
| 106 | 106 | | (5) Outdoor display and sale of food, except to require that food is maintained at proper86 |
|---|
| 107 | 107 | | holding temperatures;87 23 LC 33 9221 |
|---|
| 108 | 108 | | H. B. 287 |
|---|
| 109 | 109 | | - 5 - |
|---|
| 110 | 110 | | (6) Utensils and equipment, except to require that utensils and equipment used in the88 |
|---|
| 111 | 111 | | home kitchen:89 |
|---|
| 112 | 112 | | (A) Retain their characteristic qualities under normal use conditions;90 |
|---|
| 113 | 113 | | (B) Are properly sanitized after use; and91 |
|---|
| 114 | 114 | | (C) Are maintained in a sanitary manner between uses;92 |
|---|
| 115 | 115 | | (7) Food contact surfaces, except to require that food contact surfaces are smooth, easily93 |
|---|
| 116 | 116 | | cleanable, in good repair, and properly sanitized between tasks;94 |
|---|
| 117 | 117 | | (8) Nonfood contact surfaces, if those surfaces are made of materials ordinarily used in95 |
|---|
| 118 | 118 | | residential settings, except to require that those surfaces are kept clean from the96 |
|---|
| 119 | 119 | | accumulation of residue and debris;97 |
|---|
| 120 | 120 | | (9) Clean-in-place equipment, except to require that the equipment is cleaned and98 |
|---|
| 121 | 121 | | sanitized between uses;99 |
|---|
| 122 | 122 | | (10) Ventilation, except to require that gases, odors, steam, heat, grease, vapors, and100 |
|---|
| 123 | 123 | | smoke are able to escape the kitchen;101 |
|---|
| 124 | 124 | | (11) Fixed temperature measuring devices or product mimicking sensors for the holding102 |
|---|
| 125 | 125 | | equipment for time- or temperature-controlled food, except to require nonfixed103 |
|---|
| 126 | 126 | | temperature measuring devices for hot and cold holding of food during storage, serving,104 |
|---|
| 127 | 127 | | and cooling;105 |
|---|
| 128 | 128 | | (12) Fixed floor-mounted and table-mounted equipment, except to require that106 |
|---|
| 129 | 129 | | floor-mounted and table-mounted equipment be in good repair and sanitized between107 |
|---|
| 130 | 130 | | uses;108 |
|---|
| 131 | 131 | | (13) Dedicated laundry facilities, except to require that linens used for the109 |
|---|
| 132 | 132 | | microenterprise home kitchen are stored and laundered separately from household110 |
|---|
| 133 | 133 | | laundry and that soiled laundry is stored to prevent contamination of food and equipment;111 |
|---|
| 134 | 134 | | (14) Water, plumbing, drainage, and waste, except to require that:112 |
|---|
| 135 | 135 | | (A) Sinks be supplied with hot and cold potable water from:113 |
|---|
| 136 | 136 | | (i) An approved public water system;114 23 LC 33 9221 |
|---|
| 137 | 137 | | H. B. 287 |
|---|
| 138 | 138 | | - 6 - |
|---|
| 139 | 139 | | (ii) A source that meets the county board of health's regulations regarding the safety115 |
|---|
| 140 | 140 | | of drinking water, if the county board of health with jurisdiction over the116 |
|---|
| 141 | 141 | | microenterprise home kitchen has regulations regarding the safety of drinking water;117 |
|---|
| 142 | 142 | | or118 |
|---|
| 143 | 143 | | (iii) A water source that is tested at least once per month for bacteriologic quality,119 |
|---|
| 144 | 144 | | and at least once in every three-year period for lead and copper; and120 |
|---|
| 145 | 145 | | (B) Food preparation and service be discontinued in the event of a disruption of potable121 |
|---|
| 146 | 146 | | water service;122 |
|---|
| 147 | 147 | | (15) The number of and path of access to toilet facilities, except to require that toilet123 |
|---|
| 148 | 148 | | facilities are equipped with proper handwashing stations;124 |
|---|
| 149 | 149 | | (16) Lighting, except to require that food preparations are well lit by natural or artificial125 |
|---|
| 150 | 150 | | light whenever food is being prepared;126 |
|---|
| 151 | 151 | | (17) Designated dressing areas and storage facilities, except to require that items not127 |
|---|
| 152 | 152 | | ordinarily found in a home kitchen are placed or stored away from food preparation areas,128 |
|---|
| 153 | 153 | | that dressing takes place outside of the kitchen facility, and that food items are stored in129 |
|---|
| 154 | 154 | | a manner that does not allow for contamination;130 |
|---|
| 155 | 155 | | (18) The presence and handling of animals, except to require that all animals are kept131 |
|---|
| 156 | 156 | | outside of food preparation and service areas;132 |
|---|
| 157 | 157 | | (19) Food storage, floor, wall, ceiling, and toilet surfaces, except to require that surfaces133 |
|---|
| 158 | 158 | | are smooth, of durable construction, easily cleanable, and kept clean and free of debris;134 |
|---|
| 159 | 159 | | (20) Kitchen facilities open to living areas, except to require that food is only prepared,135 |
|---|
| 160 | 160 | | handled, or stored in kitchen and food storage areas;136 |
|---|
| 161 | 161 | | (21) Submission of plans and specifications before construction or remodel of a kitchen137 |
|---|
| 162 | 162 | | facility;138 |
|---|
| 163 | 163 | | (22) The number and type of time- or temperature-controlled food offered for sale,139 |
|---|
| 164 | 164 | | except:140 23 LC 33 9221 |
|---|
| 165 | 165 | | H. B. 287 |
|---|
| 166 | 166 | | - 7 - |
|---|
| 167 | 167 | | (A) A raw time- or temperature-controlled food such as raw fish, raw milk, and raw141 |
|---|
| 168 | 168 | | shellfish;142 |
|---|
| 169 | 169 | | (B) Any food requiring special processes that would necessitate a hazard analysis and143 |
|---|
| 170 | 170 | | critical control points plan; and144 |
|---|
| 171 | 171 | | (C) Fish from waters of the state;145 |
|---|
| 172 | 172 | | (23) Approved food sources, except to require that:146 |
|---|
| 173 | 173 | | (A) Food in a hermetically sealed container is obtained from a regulated food147 |
|---|
| 174 | 174 | | processing plant;148 |
|---|
| 175 | 175 | | (B) Liquid milk and milk products are obtained from sources that comply with state149 |
|---|
| 176 | 176 | | and federal standards;150 |
|---|
| 177 | 177 | | (C) Fish for sale or service are commercially and legally caught;151 |
|---|
| 178 | 178 | | (D) Mushrooms picked in the wild are not offered for sale or service;152 |
|---|
| 179 | 179 | | (E) Game animals offered for sale or service are raised, slaughtered, and processed in153 |
|---|
| 180 | 180 | | accordance with state laws and regulations; and154 |
|---|
| 181 | 181 | | (F) At least 25 percent of ingredients are sourced locally from Georgia farmers and155 |
|---|
| 182 | 182 | | small businesses;156 |
|---|
| 183 | 183 | | (24) The use of items produced under this article; or157 |
|---|
| 184 | 184 | | (25) The use of an open-air barbeque, grill, or outdoor wood-burning oven.158 |
|---|
| 185 | 185 | | 26-2-475.159 |
|---|
| 186 | 186 | | (a) A county board of health shall be authorized to inspect a microenterprise home kitchen160 |
|---|
| 187 | 187 | | to ensure compliance by an operator with the provisions of this article and the rules and161 |
|---|
| 188 | 188 | | regulations established by the department pursuant to this article.162 |
|---|
| 189 | 189 | | (b) A county board of health shall inspect a microenterprise home kitchen only:163 |
|---|
| 190 | 190 | | (1) For an initial inspection, no more than one week before the microenterprise home164 |
|---|
| 191 | 191 | | kitchen is scheduled to begin operation;165 |
|---|
| 192 | 192 | | (2) For an unscheduled inspection, if the county board of health:166 23 LC 33 9221 |
|---|
| 193 | 193 | | H. B. 287 |
|---|
| 194 | 194 | | - 8 - |
|---|
| 195 | 195 | | (A) Conducts the inspection within three days before or three days after the167 |
|---|
| 196 | 196 | | microenterprise home kitchen is scheduled to begin operation;168 |
|---|
| 197 | 197 | | (B) Conducts the inspection during operating hours of the microenterprise home169 |
|---|
| 198 | 198 | | kitchen; or170 |
|---|
| 199 | 199 | | (C) Has a valid reason to suspect that the microenterprise home kitchen is the source171 |
|---|
| 200 | 200 | | of an adulterated food or of an outbreak of illness caused by a contaminated food; or172 |
|---|
| 201 | 201 | | (3) If the county board of health provides the operator with reasonable advanced notice173 |
|---|
| 202 | 202 | | of the inspection.174 |
|---|
| 203 | 203 | | (c) The county board of health shall document the reason for any inspection subsequent175 |
|---|
| 204 | 204 | | to the initial inspection, maintain a copy of such documentation on file with the176 |
|---|
| 205 | 205 | | microenterprise home kitchen's permit, and provide a copy of such documentation to the177 |
|---|
| 206 | 206 | | operator of the microenterprise home kitchen.178 |
|---|
| 207 | 207 | | 26-2-476.179 |
|---|
| 208 | 208 | | (a) A microenterprise home kitchen shall:180 |
|---|
| 209 | 209 | | (1) Take steps to avoid any potential contamination to:181 |
|---|
| 210 | 210 | | (A) Food;182 |
|---|
| 211 | 211 | | (B) Equipment;183 |
|---|
| 212 | 212 | | (C) Utensils; or184 |
|---|
| 213 | 213 | | (D) Unwrapped single-service and single-use articles;185 |
|---|
| 214 | 214 | | (2) Prevent an individual from entering the food preparation area while food is being186 |
|---|
| 215 | 215 | | prepared if the individual is known to be suffering from:187 |
|---|
| 216 | 216 | | (A) Symptoms associated with acute gastrointestinal illness; or188 |
|---|
| 217 | 217 | | (B) A communicable disease that is transmissible through food; and189 |
|---|
| 218 | 218 | | (3) Comply with the following requirements:190 |
|---|
| 219 | 219 | | (A) Time- or temperature-controlled food shall be prepared, cooked, and served on the191 |
|---|
| 220 | 220 | | same day;192 23 LC 33 9221 |
|---|
| 221 | 221 | | H. B. 287 |
|---|
| 222 | 222 | | - 9 - |
|---|
| 223 | 223 | | (B) Food that is sold or provided to a customer may not be consumed onsite at the193 |
|---|
| 224 | 224 | | microenterprise home kitchen operation, except if the microenterprise home kitchen194 |
|---|
| 225 | 225 | | operation is a farm;195 |
|---|
| 226 | 226 | | (C) Food that is sold or provided to a customer shall be picked up by the consumer or196 |
|---|
| 227 | 227 | | delivered within a safe time period based on holding equipment capacity;197 |
|---|
| 228 | 228 | | (D) Food preparation may not involve processes that require a hazard analysis and198 |
|---|
| 229 | 229 | | critical control points plan, or the production, service, or sale of raw milk or raw milk199 |
|---|
| 230 | 230 | | products;200 |
|---|
| 231 | 231 | | (E) Molluscan shellfish may not be served or sold;201 |
|---|
| 232 | 232 | | (F) The operator may only sell or provide food directly to consumers and may not sell202 |
|---|
| 233 | 233 | | or provide food to any wholesaler or retailer; and203 |
|---|
| 234 | 234 | | (G) The operator shall provide the consumer with a notification that, while a permit has204 |
|---|
| 235 | 235 | | been issued by the county board of health, the kitchen may not meet all of the205 |
|---|
| 236 | 236 | | requirements of a commercial retail food establishment.206 |
|---|
| 237 | 237 | | (b) An operator applying for a microenterprise home kitchen permit shall provide to the207 |
|---|
| 238 | 238 | | county board of health:208 |
|---|
| 239 | 239 | | (1) Written consent to enter the premises where food is prepared, cooked, stored, or209 |
|---|
| 240 | 240 | | harvested for the microenterprise home kitchen; and210 |
|---|
| 241 | 241 | | (2) Written standard operating procedures that include:211 |
|---|
| 242 | 242 | | (A) All food that will be stored, handled, and prepared;212 |
|---|
| 243 | 243 | | (B) The proposed procedures and methods of food preparation and handling;213 |
|---|
| 244 | 244 | | (C) Procedures, methods, and schedules for cleaning utensils and equipment;214 |
|---|
| 245 | 245 | | (D) Procedures and methods for the disposal of refuse; and215 |
|---|
| 246 | 246 | | (E) A plan for maintaining time- or temperature-controlled food at the appropriate216 |
|---|
| 247 | 247 | | temperatures for each time- or temperature-controlled food.217 23 LC 33 9221 |
|---|
| 248 | 248 | | H. B. 287 |
|---|
| 249 | 249 | | - 10 - |
|---|
| 250 | 250 | | 26-2-477.218 |
|---|
| 251 | 251 | | In addition to the fee charged pursuant to Code Section 26-2-472, if the county board of219 |
|---|
| 252 | 252 | | health conducts an inspection because it has a valid reason to suspect that a microenterprise220 |
|---|
| 253 | 253 | | home kitchen is a source of an adulterated food or of an outbreak of illness caused by a221 |
|---|
| 254 | 254 | | contaminated food and, as a result of such inspection, finds that the microenterprise home222 |
|---|
| 255 | 255 | | kitchen was the source of an adulterated food or of an outbreak of illness caused by a223 |
|---|
| 256 | 256 | | contaminated food, the county board of health may charge and collect a fee from the224 |
|---|
| 257 | 257 | | operator of the microenterprise home kitchen in a reasonable amount not to exceed the total225 |
|---|
| 258 | 258 | | direct and indirect costs of conducting the inspection.226 |
|---|
| 259 | 259 | | 26-2-478.227 |
|---|
| 260 | 260 | | (a) A microenterprise home kitchen permit:228 |
|---|
| 261 | 261 | | (1) Is nontransferable;229 |
|---|
| 262 | 262 | | (2) Is renewable on an annual basis;230 |
|---|
| 263 | 263 | | (3) Is restricted to the location and hours listed on the permit;231 |
|---|
| 264 | 264 | | (4) Shall include a statement that reads: 'This location is permitted under modified FDA232 |
|---|
| 265 | 265 | | requirements'; and233 |
|---|
| 266 | 266 | | (5) Shall provide the operator the opportunity to update the food types and products234 |
|---|
| 267 | 267 | | handled without requiring the operator to renew the permit.235 |
|---|
| 268 | 268 | | (b) This article shall not be construed to prohibit an operator from applying for a different236 |
|---|
| 269 | 269 | | type of food service related permit from a county board of health.237 |
|---|
| 270 | 270 | | (c) A microenterprise home kitchen permit shall not be considered a public benefit for238 |
|---|
| 271 | 271 | | purposes of Code Section 50-36-1."239 23 LC 33 9221 |
|---|
| 272 | 272 | | H. B. 287 |
|---|
| 273 | 273 | | - 11 - |
|---|
| 274 | 274 | | PART II |
|---|
| 275 | 275 | | 240 |
|---|
| 276 | 276 | | SECTION 2-1.241 |
|---|
| 277 | 277 | | Said chapter is further amended in Article 2, relating to adulteration and misbranding of food,242 |
|---|
| 278 | 278 | | by revising paragraph (5) of subsection (a) of Code Section 26-2-21, relating to definitions,243 |
|---|
| 279 | 279 | | as follows:244 |
|---|
| 280 | 280 | | "(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood245 |
|---|
| 281 | 281 | | stores and places of business; food processing plants, except those food processing plants246 |
|---|
| 282 | 282 | | which are currently required to obtain a license from the Commissioner under any other247 |
|---|
| 283 | 283 | | provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside248 |
|---|
| 284 | 284 | | stands; wholesale sandwich and salad manufacturers, including vending machines and249 |
|---|
| 285 | 285 | | operations connected therewith; and places of business and similar establishments,250 |
|---|
| 286 | 286 | | mobile or permanent, engaged in the sale of food primarily for consumption off the251 |
|---|
| 287 | 287 | | premises. Within a food sales establishment, there may be a food service component, not252 |
|---|
| 288 | 288 | | separately operated, which may serve customers on site. This food service component253 |
|---|
| 289 | 289 | | shall be considered as part of the food sales establishment. This |
|---|
| 290 | 290 | | Such term shall not254 |
|---|
| 291 | 291 | | include:255 |
|---|
| 292 | 292 | | (A) The food sales component of any food service establishment defined in Code256 |
|---|
| 293 | 293 | | Section 26-2-370;257 |
|---|
| 294 | 294 | | (B) Food service establishments as defined in Code Section 26-2-370;258 |
|---|
| 295 | 295 | | (C) Establishments engaged in the sale of food primarily for consumption off the259 |
|---|
| 296 | 296 | | premises if such sale is an authorized part of and occurs upon the site of a fair or260 |
|---|
| 297 | 297 | | festival which:261 |
|---|
| 298 | 298 | | (i) Is sponsored by a political subdivision of this state; and262 |
|---|
| 299 | 299 | | (ii) Lasts 120 hours or less;263 |
|---|
| 300 | 300 | | (D) Establishments engaged in the boiling, bottling, and sale of sugar cane syrup or264 |
|---|
| 301 | 301 | | sorghum syrup within this state, provided that such bottles contain a label listing the265 23 LC 33 9221 |
|---|
| 302 | 302 | | H. B. 287 |
|---|
| 303 | 303 | | - 12 - |
|---|
| 304 | 304 | | producer's name and street address, all added ingredients, and the net weight or volume |
|---|
| 305 | 305 | | 266 |
|---|
| 306 | 306 | | of the product; or |
|---|
| 307 | 307 | | 267 |
|---|
| 308 | 308 | | (E) Nonprofit food sales and food service provided under a permit issued pursuant to268 |
|---|
| 309 | 309 | | Article 14 of this chapter; or269 |
|---|
| 310 | 310 | | (F) Microenterprise home kitchens as defined in Code Section 26-2-471."270 |
|---|
| 311 | 311 | | SECTION 2-2.271 |
|---|
| 312 | 312 | | Said chapter is further amended in Article 13, relating to food service establishments, by272 |
|---|
| 313 | 313 | | revising paragraph (2) of Code Section 26-2-370, relating to definitions, as follows:273 |
|---|
| 314 | 314 | | "(2) 'Food service establishment' means establishments for the preparation and serving274 |
|---|
| 315 | 315 | | of meals, lunches, short orders, sandwiches, frozen desserts, or other edible products275 |
|---|
| 316 | 316 | | either for carry out or service within the establishment. Such term includes restaurants;276 |
|---|
| 317 | 317 | | coffee shops; cafeterias; short order cafes; luncheonettes; taverns; lunchrooms; places277 |
|---|
| 318 | 318 | | which retail sandwiches or salads; soda fountains; institutions, both public and private;278 |
|---|
| 319 | 319 | | mobile food service establishments; industrial cafeterias; catering establishments; and279 |
|---|
| 320 | 320 | | similar facilities by whatever name called. Within a food service establishment, there280 |
|---|
| 321 | 321 | | may be a food sales component, not separately operated. This food sales component shall281 |
|---|
| 322 | 322 | | be considered as part of the food service establishment. Such term shall not include:282 |
|---|
| 323 | 323 | | (A) A food sales establishment, as defined in Code Section 26-2-21, except as283 |
|---|
| 324 | 324 | | otherwise stated in this paragraph;284 |
|---|
| 325 | 325 | | (B) The food service component of any food sales establishment defined in Code285 |
|---|
| 326 | 326 | | Section 26-2-21;286 |
|---|
| 327 | 327 | | (C) Any outdoor recreation activity sponsored by the state, a county, a municipality,287 |
|---|
| 328 | 328 | | or any department or entity thereof, any outdoor or indoor (other than school cafeteria288 |
|---|
| 329 | 329 | | food service) public school function, or any outdoor private school function;289 |
|---|
| 330 | 330 | | (D) Any organization which is operating on its own property or on the property of a290 |
|---|
| 331 | 331 | | party that has provided written consent for the use of such property for such purpose291 23 LC 33 9221 |
|---|
| 332 | 332 | | H. B. 287 |
|---|
| 333 | 333 | | - 13 - |
|---|
| 334 | 334 | | and which is exempt from taxes under paragraph (1) of subsection (a) of Code Section |
|---|
| 335 | 335 | | 292 |
|---|
| 336 | 336 | | 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of293 |
|---|
| 337 | 337 | | Section 501(c) of the Internal Revenue Code for the purpose of operating a house or294 |
|---|
| 338 | 338 | | other residential structures where seriously ill or injured children and their families are295 |
|---|
| 339 | 339 | | provided temporary accommodations in proximity to their treatment hospitals and296 |
|---|
| 340 | 340 | | where food is prepared, served, transported, or stored by volunteer personnel;297 |
|---|
| 341 | 341 | | (E) Establishments for the preparation and serving of meals, lunches, short orders,298 |
|---|
| 342 | 342 | | sandwiches, frozen desserts, or other edible products if such preparation or serving is299 |
|---|
| 343 | 343 | | an authorized part of and occurs upon the site of an event which:300 |
|---|
| 344 | 344 | | (i) Is sponsored by a political subdivision of this state;301 |
|---|
| 345 | 345 | | (ii) Is held on the property of such sponsor or on the property of a party that has302 |
|---|
| 346 | 346 | | provided written consent for use of such property for such event; and303 |
|---|
| 347 | 347 | | (iii) Lasts 120 hours or less; or |
|---|
| 348 | 348 | | 304 |
|---|
| 349 | 349 | | (F) Nonprofit food sales and food service provided under a permit issued pursuant to305 |
|---|
| 350 | 350 | | Article 14 of this chapter; or306 |
|---|
| 351 | 351 | | (G) Microenterprise home kitchens as defined in Code Section 26-2-471."307 |
|---|
| 352 | 352 | | SECTION 2-3.308 |
|---|
| 353 | 353 | | Said chapter is further amended in Article 14, relating to nonprofit food sales and food309 |
|---|
| 354 | 354 | | service, by revising subsection (i) of Code Section 26-2-392, relating to standards for food,310 |
|---|
| 355 | 355 | | labeling, and containers, protection from contamination, temperature, prohibited foods,311 |
|---|
| 356 | 356 | | utensils and equipment, ice, transport to other location, reuse at another event, handwashing312 |
|---|
| 357 | 357 | | facilities, unapproved facilities, and use of offsite kitchens, as follows:313 |
|---|
| 358 | 358 | | "(i) This Code section shall in no way be construed to allow the sale of food items which314 |
|---|
| 359 | 359 | | have been packaged, bottled, or canned in unapproved facilities. Food items prepared in315 |
|---|
| 360 | 360 | | private homes are prohibited; provided, however, that this shall not apply to:316 23 LC 33 9221 |
|---|
| 361 | 361 | | H. B. 287 |
|---|
| 362 | 362 | | - 14 - |
|---|
| 363 | 363 | | (1) Any any food item produced in compliance with a license issued by the Department317 |
|---|
| 364 | 364 | | of Agriculture pursuant to Article 2 of this chapter; or318 |
|---|
| 365 | 365 | | (2) Microenterprise home kitchens permitted in accordance with Article 19 of this319 |
|---|
| 366 | 366 | | chapter."320 |
|---|
| 367 | 367 | | PART III321 |
|---|
| 368 | 368 | | SECTION 3-1.322 |
|---|
| 369 | 369 | | All laws and parts of laws in conflict with this Act are repealed.323 |
|---|