HLS 14RS-3260 ORIGINAL
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Regular Session, 2014
HOUSE BILL NO. 1270 (Substitute for House Bill No. 775 by Representative Simon)
BY REPRESENTATIVE SIMON
PUBLIC HEALTH: Provides for preparation of low-risk foods in the home for public
consumption
AN ACT1
To amend and reenact R.S. 40:4.9(A)(1), (2)(introductory paragraph), (b), (c)(introductory2
paragraph), (ii), and (iv), (B), and (C) and to enact R.S. 40:4.9(D) and (E), relative3
to certain foods prepared in the home for sale; to provide for application of the state4
Sanitary Code; to provide for regulations concerning preparation of low-risk foods5
in the home for public consumption; to provide a definition of low-risk foods; to6
provide special conditions for preparation and sale of certain baked goods; and to7
provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. R.S. 40:4.9(A)(1), (2)(introductory paragraph), (b), (c)(introductory10
paragraph), (ii), and (iv), (B), and (C) are hereby amended and reenacted and R.S. 40:4.9(D)11
and (E) are hereby enacted to read as follows: 12
ยง4.9. Jellies, preserves, jams, honey, honeycomb products, cakes, and cookies Low-13
risk foods; preparation in home for public consumption14
A.(1)(a) No provision of the state Sanitary Code or any provision of any15
other law or regulation that requires any equipment, design, construction, utensils,16
supplies, preparation, or services shall apply to the preparation of jellies, preserves,17
jams, honey, honeycomb products, cakes, and cookies low-risk foods, as defined in18
Subsection E of this Section, in the home for sale. This Section shall not be19
construed to allow the sale or distribution of any unwholesome food.20 HLS 14RS-3260 ORIGINAL
HB NO. 1270
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(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to1
any preparer of breads, cakes, and cookies, or pies who employs any individual to2
assist in the preparation of such cakes and cookies food for sale.3
(2) Notwithstanding any provision of law to the contrary, all of the following4
provisions of the state Sanitary Code restrictions, conditions, and requirements shall5
apply to the preparation of breads, cakes, and cookies, and pies in the home for sale:6
* * *7
(b) The building shall be constructed so as to exclude rats, mice, roaches or8
other vermin. Domestic pets shall be excluded in any part of the establishment9
where the preparation and baking of such cakes and cookies take bakery products10
takes place.11
(c) All equipment used or connected in any way with the manufacture,12
baking, cooking or other processing, handling, packing, or storing of any bakery or13
confectionery product shall comply with the following:14
* * *15
(ii) Refrigeration shall be provided so that all perishable food products used16
in the manufacturer processing of any kind connected with the production,17
distribution, or sale of bakery or confectionery products shall be maintained at a18
temperature not to exceed forty-five degrees Fahrenheit.19
* * *20
(iv) All barrels, boxes, tubs, pails, kneading troughs, machines, racks, pans,21
or other receptacles used for holding materials from which bakery or confectionery22
products are manufactured shall be kept clean and sanitary and shall be so23
constructed as to be easily cleanable.24
* * *25
B. This Section shall not apply to any preparers of jellies, preserves, jams,26
honey, honeycomb products, cakes, and cookies which are preparer of low-risk foods27
made at a home for sale, whose gross annual sales equal twenty thousand dollars or28
more.29 HLS 14RS-3260 ORIGINAL
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C. Any No individual selling cookies and cakes from who prepares breads,1
cakes, cookies, or pies in the home for sale to the public pursuant to this Section shall2
not sell such cakes and cookies foods to any retail business or individual for resale.3
D. Any individual who prepares low-risk foods in the home for sale, as4
authorized by this Section, shall affix to any such food offered for sale a label which5
clearly indicates that the food was not produced in a licensed or regulated facility.6
E. For purposes of this Section, "low-risk foods" shall include all of the7
following, none of which shall consist of any animal muscle protein or fish protein:8
(1) Baked goods, including breads, cakes, cookies, and pies.9
(2) Candies.10
(3) Dried mixes.11
(4) Honey and honeycomb products.12
(5) Jams, jellies, and preserves.13
(6) Pickles and acidified foods.14
(7) Sauces and syrups.15
(8) Spices.16
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Simon HB No. 1270
Abstract: Provides an exception to Sanitary Code requirements and other food preparation
regulations for preparation of certain low-risk foods in the home for public
consumption.
Present law provides that neither the state Sanitary Code nor any code, law, or regulation
providing requirements relative to commercial food preparation shall apply to the
preparation of jellies, preserves, jams, honey, or honeycomb products in the home for sale.
Provides that such general exception also applies to home-based preparers of cakes and
cookies; however, subjects preparers of cakes and cookies to certain specific food
preparation requirements. Provides further that the general exception to food preparation
regulations shall not apply to any home-based food preparer whose gross annual sales equal
$20,000 or more.
Proposed law retains present law and extends application of the general exception to food
preparation regulations provided therein to all home-based preparers of low-risk foods.
Proposed law provides that for purposes of proposed law, "low-risk foods" shall include all
of the following, none of which shall consist of any animal muscle protein or fish protein: HLS 14RS-3260 ORIGINAL
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(1)Baked goods, including breads, cakes, cookies, and pies.
(2)Candies.
(3)Dried mixes.
(4)Honey and honeycomb products.
(5)Jams, jellies, and preserves.
(6)Pickles and acidified foods.
(7)Sauces and syrups.
(8)Spices.
Present law provides that the general exception to food preparation regulations provided
therein shall not apply to any preparer of cakes and cookies who employs an individual to
assist in the preparation of such food products. Proposed law retains present law and adds
stipulation that preparers of breads or pies who employ an individual for such purpose shall
not qualify for the exception to food preparation regulations.
Present law provides that no preparer of cakes or cookies to which present law applies shall
sell such food products to any retail business or individual for resale. Proposed law retains
present law and extends to home-based preparers of breads and pies the prohibition on
selling foods for resale.
Proposed law extends to home-based preparers of breads and pies all of the following
specific requirements relative to the food preparation facility and procedures provided in
present law for preparers of cakes and cookies:
(1)All outside openings of the building shall be protected against flies and other vermin.
(2)The building shall be constructed so as to exclude rats, mice, roaches, or other
vermin. Domestic pets shall be excluded in any part of the establishment where
preparation and baking takes place.
(3)All equipment used or connected in any way with the manufacture, baking, cooking
or other processing, handling, packing, or storing of any bakery product shall comply
with the following:
(a)Be maintained in a clean and sanitary manner, be free from cracks, and,
wherever possible, be composed of non-corroding metal or other smooth,
impervious material giving an easily cleanable surface. Stationary or not
readily-movable equipment shall be so installed as to provide for easy
cleaning.
(b)Refrigeration shall be provided so that all perishable food products used in
the manufacturer processing of any kind connected with the production,
distribution, or sale of bakery products shall be maintained at a temperature
not to exceed forty-five degrees Fahrenheit.
(c)Equipment too large to permit washing in the sinks shall be cleaned in a
manner approved by the state health officer.
(d)All barrels, boxes, tubs, pails, kneading troughs, machines, racks, pans, or
other receptacles used for holding materials from which bakery products are HLS 14RS-3260 ORIGINAL
HB NO. 1270
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manufactured shall be kept clean and sanitary and shall be so constructed as
to be easily cleanable.
(e)All food contact surfaces shall be cleaned and sanitized after each day's
production.
(4)Only pasteurized milk or milk products shall be used in the preparation of custard
and cream-filled bakery products.
(5)All custard or cream-filled mixtures shall be cooked, the temperature and time of
heating of the mix, to be at a minimum, the equivalent of a temperature of one
hundred forty-five degrees Fahrenheit for a period of not less than thirty minutes.
(6)Upon completion of the cooking of the mix, it shall be immediately transferred into
previously sanitized containers, properly covered and chilled as rapidly as possible
to forty-five degrees Fahrenheit or below and maintained at such a temperature until
used.
(7)The apparatus and food contact surfaces used in adding any custard or cream filling
to a bakery product shall be of impervious material and shall be thoroughly cleaned
and sanitized after each use, in a manner approved by the state health officer. No
cloth filled bags shall be used.
Proposed law deletes references to confectionery products in present law and proposed law
providing specific requirements for preparation of certain baked goods.
Proposed law requires individuals who prepare low-risk foods in the home for sale, as
authorized by present law and proposed law, to affix to any such food offered for sale a label
which clearly indicates that the food was not produced in a licensed or regulated facility.
(Amends R.S. 40:4.9(A)(1), (2)(introductory paragraph), (b), (c)(introductory paragraph),
(ii), (iv), (B), and (C); Adds R.S. 40:4.9(D) and (E))