ENROLLED
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ACT No. 542
Regular Session, 2014
HOUSE BILL NO. 1270 (Substitute for House Bill No. 775 by Representative Simon)
BY REPRESENTATIVE SIMON
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
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to21
any preparer of breads, cakes, and cookies, or pies who employs any individual to22
assist in the preparation of such cakes and cookies food for sale.23 ENROLLEDHB NO. 1270
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(2) Notwithstanding any provision of law to the contrary, all of the following1
provisions of the state Sanitary Code restrictions, conditions, and requirements shall2
apply to the preparation of breads, cakes, and cookies, and pies in the home for sale:3
* * *4
(b) The building shall be constructed so as to exclude rats, mice, roaches or5
other vermin. Domestic pets shall be excluded in any part of the establishment6
where the preparation and baking of such cakes and cookies take bakery products7
takes place.8
(c) All equipment used or connected in any way with the manufacture,9
baking, cooking or other processing, handling, packing, or storing of any bakery or10
confectionery product shall comply with the following:11
* * *12
(ii) Refrigeration shall be provided so that all perishable food products used13
in the manufacturer processing of any kind connected with the production,14
distribution, or sale of bakery or confectionery products shall be maintained at a15
temperature not to exceed forty-five degrees Fahrenheit.16
* * *17
(iv) All barrels, boxes, tubs, pails, kneading troughs, machines, racks, pans,18
or other receptacles used for holding materials from which bakery or confectionery19
products are manufactured shall be kept clean and sanitary and shall be so20
constructed as to be easily cleanable.21
* * *22
B. This Section shall not apply to any preparers of jellies, preserves, jams,23
honey, honeycomb products, cakes, and cookies which are preparer of low-risk foods24
made at a home for sale, whose gross annual sales equal twenty thousand dollars or25
more.26
C. Any No individual selling cookies and cakes from who prepares breads,27
cakes, cookies, or pies in the home for sale to the public pursuant to this Section shall28
not sell such cakes and cookies foods to any retail business or individual for resale.29 ENROLLEDHB NO. 1270
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D.(1) Any individual who prepares low-risk foods in the home for sale, as1
authorized by this Section, shall affix to any such food offered for sale a label which2
clearly indicates that the food was not produced in a licensed or regulated facility.3
(2) No individual who prepares low-risk foods in the home shall sell such4
foods unless he has applied for and been issued all of the following:5
(a) A Louisiana General Sales Tax Certificate from the Louisiana6
Department of Revenue.7
(b) A local sales tax certificate from the local taxing authority of any8
jurisdiction in which he intends to sell foods.9
E. For purposes of this Section, "low-risk foods" shall include all of the10
following, none of which shall consist of any animal muscle protein or fish protein:11
(1) Baked goods, including breads, cakes, cookies, and pies.12
(2) Candies.13
(3) Dried mixes.14
(4) Honey and honeycomb products.15
(5) Jams, jellies, and preserves.16
(6) Pickles and acidified foods.17
(7) Sauces and syrups.18
(8) Spices.19
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: