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:
(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 45
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
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 145 degrees Fahrenheit
for a period of not less than 30 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 45
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.
Proposed law stipulates that no individual who prepares low-risk foods in the home shall sell
such foods unless he has applied for and been issued all of the following:
(1)A Louisiana General Sales Tax Certificate from the Louisiana Department of Revenue.
(2)A local sales tax certificate from the local taxing authority of any jurisdiction in which he
intends to sell foods.
(Amends R.S. 40:4.9(A)(1), (2)(intro. para.), (b), (c)(intro. para.), (ii), (iv), (B), and (C); Adds
R.S. 40:4.9(D) and (E)) Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Added provision prohibiting an individual who prepares foods in the home, as
authorized by proposed law, from selling such foods unless he has applied for and
been issued all of the following:
(a)A Louisiana General Sales Tax Certificate from the Louisiana Department of
Revenue.
(b)A local sales tax certificate from the local taxing authority of any jurisdiction
in which he intends to sell foods.