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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2013 ENROLLED
SENATE BILL NO. 18
BY SENATOR WARD AND REPRESENTATI VE COX
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 40:4.9, relative to certain food products prepared in home for2
public consumption and the application of the state Sanitary Code; to provide for3
preparation of cakes and cookies in home for public consumption; to provide for4
exceptions; to provide for penalties; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 40:4.9 is hereby amended and reenacted to read as follows:7
ยง4.9. Jellies, preserves, jams, honey, and honeycomb products, cakes, and cookies;8
preparation in home for public consumption9
A.(1)(a) No provision of the state sanitary code Sanitary Code or any10
provision of any other law or regulation that requires any equipment, design,11
construction, utensils, supplies, preparation, or services shall apply to the preparation12
of jellies, preserves, jams, honey, and honeycomb products, cakes, and cookies in13
the home for sale. This Section shall not be construed to allow the sale or14
distribution of any unwholesome food.15
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply16
to any preparer of cakes and cookies who employs any individual to assist in the17
preparation of such cakes and cookies.18
(2) Notwithstanding any provision of law to the contrary, the following19
provisions of the state Sanitary Code shall apply to the preparation of cakes and20
cookies in the home for sale:21
(a) All outside openings shall be protected against flies and other22
vermin.23
ACT No. 370 SB NO. 18 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(b) The building shall be constructed so as to exclude rats, mice, roaches1
or other vermin. Domestic pets shall be excluded in any part of the2
establishment where the preparation and baking of such cakes and cookies take3
place.4
(c) All equipment used or connected in any way with the manufacture,5
baking, cooking or other processing, handling, packing or storing of any bakery6
or confectionery product shall comply with the following:7
(i) Be maintained in a clean and sanitary manner, be free from cracks8
and, wherever possible, be composed of non-corroding, metal or other smooth,9
impervious material giving an easily cleanable surface. Stationary or not readily10
movable equipment shall be so installed as to provide for easy cleaning.11
(ii) Refrigeration shall be provided so that all perishable food products12
used in the manufacturer processing of any kind connected with the production,13
distribution or sale of bakery or confectionery products shall be maintained at14
a temperature not to exceed forty-five degrees Fahrenheit.15
(iii) Equipment too large to permit washing in the sinks shall be cleaned16
in a manner approved by the state health officer.17
(iv) All barrels, boxes, tubs, pails, kneading troughs, machines, racks,18
pans or other receptacles used for holding materials from which bakery or19
confectionery products are manufactured shall be kept clean and sanitary and20
shall be so constructed as to be easily cleanable.21
(v) All food contact surfaces shall be cleaned and sanitized after each22
day's production.23
(d) Only pasteurized milk or milk products shall be used in the24
preparation of custard and cream-filled bakery products.25
(e) All custard or cream-filled mixtures shall be cooked, the temperature26
and time of heating of the mix, to be at a minimum, the equivalent of a27
temperature of one hundred forty-five degrees Fahrenheit for a period of not28
less than thirty minutes.29
(f) Upon completion of the cooking of the mix, it shall be immediately30 SB NO. 18 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
transferred into previously sanitized containers, properly covered and chilled1
as rapidly as possible to forty-five degrees Fahrenheit or below and maintained2
at such a temperature until used.3
(g) The apparatus and food contact surfaces used in adding any custard4
or cream filling to a bakery product shall be of impervious material and shall5
be thoroughly cleaned and sanitized after each use, in a manner approved by6
the state health officer. No cloth filled bags shall be used.7
(h) Preparers engaged in the preparation of custard or cream-filled8
bakery products shall not touch the custard or cream filling with their hands9
after it has been cooked.10
B. This Section shall not apply to any preparers of jellies, preserves, jams,11
honey, and honeycomb products, cakes, and cookies which are made at a home for12
sale, whose gross annual sales equal five twenty thousand dollars or more.13
C. The Department of Revenue shall provide to the Department of Health and14
Hospitals the names of all preparers of jellies, preserves, jams, honey, and15
honeycomb products which are made at home for sale, whose gross annual sales16
equal five thousand dollars or more Any individual selling cookies and cakes from17
the home for sale to the public pursuant to this Section shall not sell such cakes18
and cookies to any retail business or individual for resale.19
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: