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.
(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 one hundred 45
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 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 proteins or fish proteins.
(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.