Simon (HB 1270) Act No. 542
New law 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.
Existing 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.
New law extends application of the general exception to food preparation regulations
provided therein to all home-based preparers of low-risk foods whose gross annual sales are
less than $20,000. New law provides that for purposes of new 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.
Existing 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. New law 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.
Existing law provides that no preparer of cakes or cookies to which existing law applies shall
sell such food products to any retail business or individual for resale. New law extends to
home-based preparers of breads and pies the prohibition on selling foods for resale.
New 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 existing 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.
New law deletes references to confectionery products in prior law providing specific
requirements for preparation of certain baked goods.
New law requires individuals who prepare low-risk foods in the home for sale, as authorized
by existing law and new 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.
New 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.
Effective Aug. 1, 2014.
(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))