HLS 14RS-862 REENGROSSED
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are additions.
Regular Session, 2014
HOUSE BILL NO. 216
BY REPRESENTATIVE SCHRODER
PUBLIC HEALTH: Provides for preparation of pies in the home for public consumption
AN ACT1
To amend and reenact R.S. 40:4.9(A)(1), (2)(introductory paragraph), (b), and (c)(ii), (B),2
and (C) and to enact R.S. 40:4.9(D), relative to certain food products prepared in the3
home for public consumption; to provide for application of the state Sanitary Code;4
to provide for regulations concerning preparation of pies in the home for sale; to5
provide for exceptions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:4.9(A)(1), (2)(introductory paragraph), (b), and (c)(ii), (B), and8
(C) are hereby amended and reenacted and R.S. 40:4.9(D) is hereby enacted to read as9
follows: 10
ยง4.9. Jellies, preserves, jams, honey, honeycomb products, cakes, and cookies, and11
pies; preparation in home for public consumption12
A.(1)(a) No Except as provided in Paragraph (2) of this Subsection, no13
provision of the state Sanitary Code or any provision of any other law or regulation14
that requires any equipment, design, construction, utensils, supplies, preparation, or15
services shall apply to the preparation of jellies, preserves, jams, honey, honeycomb16
products, cakes, and cookies, or pies in the home for sale.17
(b) This Section shall not be construed to allow the sale or distribution of any18
unwholesome food.19 HLS 14RS-862 REENGROSSED
HB NO. 216
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(b) (c) The provisions of Subparagraph (a) of this Paragraph shall not apply1
to any preparer of cakes, and cookies, or pies who employs any individual to assist2
in the preparation of such cakes and cookies food products.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 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, or pies takes take10
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 forty-one degrees Fahrenheit.19
* * *20
B. This Section shall not apply to any preparers preparer of jellies, preserves,21
jams, honey, honeycomb products, cakes, and cookies, or pies which are made at a22
home for sale, whose gross annual sales equal twenty thousand dollars or more.23
C. Any No individual selling cookies and cakes from who prepares cakes,24
cookies, or pies in the home for sale to the public pursuant to this Section shall not25
sell such cakes, and cookies, or pies to any retail business or individual for resale.26
D. As used in this Section, the term "pies" shall not include any food or food27
product containing animal or fish proteins other than egg or dairy products.28 HLS 14RS-862 REENGROSSED
HB NO. 216
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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)]
Schroder HB No. 216
Abstract: Provides a conditional exception from Sanitary Code requirements and other
regulations to apply to preparation of pies 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 home-based preparers of pies for sale, and
subjects home-based preparers of pies to the same specific food preparation requirements
provided in present law for home-based preparers of cakes and cookies.
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 pies who similarly employ an individual 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 prohibition on selling food products for resale to home-based
preparers of pies.
Proposed law extends to home-based preparers of 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 the
preparation and baking of food products 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 or confectionery
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. HLS 14RS-862 REENGROSSED
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(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 or confectionery products shall be maintained
at a temperature not to exceed 41 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 or
confectionery 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 provides that the term "pies" shall not include any food or food product
containing animal or fish proteins other than egg or dairy products.
(Amends R.S. 40:4.9(A)(1), (2)(intro. para.), (b), and (c)(ii), (B), and (C); Adds R.S.
40:4.9(D))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill.
1. Changed temperature at which bakery or confectionery products shall be
maintained from 45 degrees Fahrenheit to 41 degrees Fahrenheit.
2. Provided that the term "pies" shall not include any food or food product
containing animal proteins or fish proteins.
House Floor Amendments to the engrossed bill.
1. Revised provision relative to the meaning of the term "pies" to stipulate that the
term shall not include any food or food product containing animal or fish
proteins other than egg or dairy products.