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Regular Session, 2014
HOUSE BILL NO. 775
BY REPRESENTATIVE SIMON
CONSUMERS/FOOD-BEVERAGES: Provides relative to home processors of food for sale
AN ACT1
To amend and reenact R.S. 40:4.9(A), to enact Chapter 3-A of Title 3 of the Louisiana2
Revised Statutes of 1950, to be comprised of R.S. 3:251 through 260, and to repeal3
R.S. 40:4.9(B) and (C), relative to food produced in the home for sale; to establish4
the Louisiana Cottage Food Law; to provide for duties of the Department of5
Agriculture and Forestry; to provide for permitting and inspection of home-based6
preparers of foods; to provide for operations of the Home-Based Processor Program7
and eligibility standards thereof; to limit application of laws relative to commercial8
food preparation; to provide for effectiveness of laws contingent upon adoption of9
rules; to provide for program implementation subject to appropriation; and to provide10
for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. Chapter 3-A of Title 3 of the Louisiana Revised Statutes of 1950,13
comprised of R.S. 3:251 through 260, is hereby enacted to read as follows:14
CHAPTER 3-A. LOUISIANA COTTAGE FOOD LAW15
§251. Short title16
This Chapter shall be known and may be cited as the "Louisiana Cottage17
Food Law".18 HLS 14RS-1332 ORIGINAL
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§252. Home-Based Processor Program; creation1
There is hereby created within the department the Home-Based Processor2
Program for the purpose of stimulating local and small-scale food production in3
Louisiana while protecting the health and safety of consumers.4
§253. General program guidelines; rules5
A. The department shall promulgate in accordance with the Administrative6
Procedure Act all rules as are necessary to implement the Home-Based Processor7
Program, referred to hereafter in this Chapter as the "program".8
B. The rules shall provide for and ensure, at minimum, all of the following:9
(1) Compliance by all home-based food processors in this state with the10
federal food safety requirements provided in the Good Manufacturing Practices11
regulations, 21 CFR 110 et seq.12
(2) Limiting authorization of home-based commercial production to13
production of only those foods designated in rule as "low-risk". The department may14
define and designate such low-risk foods, which may include the following:15
(a) Baked goods.16
(b) Candies.17
(c) Dried mixes.18
(d) Honey and honeycomb products.19
(e) Jams and jellies.20
(f) Pickles and acidified foods.21
(g) Sauces, syrup, and other liquids.22
(h) Spices.23
(3) An application and permitting process.24
(4) An inspection and testing process to ensure food safety.25
(5) Penalties and enforcement.26
C. The rules may provide for food labeling requirements.27 HLS 14RS-1332 ORIGINAL
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§254. Eligibility; sales threshold1
Eligibility for the program shall be limited to preparers of foods made at2
home for sale whose gross annual sales equal fifty thousand dollars or less.3
§§255 through 260. [Reserved.]4
Section 2. R.S. 40:4.9(A) is hereby amended and reenacted to read as follows:5
§4.9. Jellies, preserves, jams, honey, honeycomb products, cakes, and cookies;6
preparation Food prepared in the home for public consumption; cottage foods7
exemption8
A.(1)(a) A. No provision of the state Sanitary Code or any provision of any9
other law or regulation that requires any equipment, design, construction, utensils,10
supplies, preparation, or services shall apply to the preparation of jellies, preserves,11
jams, honey, honeycomb products, cakes, and cookies food in the home for sale by12
preparers duly permitted in accordance with the Louisiana Cottage Food Law, R.S.13
3:251 et seq.14
B. This Section shall not be construed to allow the sale or distribution of any15
unwholesome food.16
(b) The provisions of Subparagraph (a) of this Paragraph shall not apply to17
any preparer of cakes and cookies who employs any individual to assist in the18
preparation of such cakes and cookies.19
(2) Notwithstanding any provision of law to the contrary, the following20
provisions of the state Sanitary Code shall apply to the preparation of cakes and21
cookies in the home for sale:22
(a) All outside openings shall be protected against flies and other vermin.23
(b) The building shall be constructed so as to exclude rats, mice, roaches or24
other vermin. Domestic pets shall be excluded in any part of the establishment where25
the preparation and baking of such cakes and cookies take place.26
(c) All equipment used or connected in any way with the manufacture,27
baking, cooking or other processing, handling, packing, or storing of any bakery or28
confectionery product shall comply with the following:29 HLS 14RS-1332 ORIGINAL
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(i) Be maintained in a clean and sanitary manner, be free from cracks and,1
wherever possible, be composed of non-corroding, metal or other smooth,2
impervious material giving an easily cleanable surface. Stationary or not readily3
movable equipment shall be so installed as to provide for easy cleaning.4
(ii) Refrigeration shall be provided so that all perishable food products used5
in the manufacturer processing of any kind connected with the production,6
distribution, or sale of bakery or confectionery products shall be maintained at a7
temperature not to exceed forty-five degrees Fahrenheit.8
(iii) Equipment too large to permit washing in the sinks shall be cleaned in9
a manner approved by the state health officer.10
(iv) All barrels, boxes, tubs, pails, kneading troughs, machines, racks, pans,11
or other receptacles used for holding materials from which bakery or confectionery12
products are manufactured shall be kept clean and sanitary and shall be so13
constructed as to be easily cleanable.14
(v) All food contact surfaces shall be cleaned and sanitized after each day's15
production.16
(d) Only pasteurized milk or milk products shall be used in the preparation17
of custard and cream-filled bakery products.18
(e) All custard or cream-filled mixtures shall be cooked, the temperature and19
time of heating of the mix, to be at a minimum, the equivalent of a temperature of20
one hundred forty-five degrees Fahrenheit for a period of not less than thirty minutes.21
(f) Upon completion of the cooking of the mix, it shall be immediately22
transferred into previously sanitized containers, properly covered and chilled as23
rapidly as possible to forty-five degrees Fahrenheit or below and maintained at such24
a temperature until used.25
(g) The apparatus and food contact surfaces used in adding any custard or26
cream filling to a bakery product shall be of impervious material and shall be27
thoroughly cleaned and sanitized after each use, in a manner approved by the state28
health officer. No cloth filled bags shall be used.29 HLS 14RS-1332 ORIGINAL
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(h) Preparers engaged in the preparation of custard or cream-filled bakery1
products shall not touch the custard or cream filling with their hands after it has been2
cooked.3
Section 3. R.S. 40:4.9(B) and (C) are hereby repealed in their entirety.4
Section 4.(A) This Act shall become effective on January 1, 2015.5
(B) Implementation of the program provided for in R.S. 3:251 et seq., as enacted by6
this Act, shall occur no sooner than July 1, 2015, and shall be contingent upon appropriation7
of funds to operate the program.8
(C) Sections 2 and 3 of this Act shall be null, void, and without effect until the date9
of adoption of rules to implement the program provided for in R.S. 3:251 et seq., as enacted10
by this Act.11
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. 775
Abstract: Provides for the Louisiana Cottage Food Law to apply to home processors of
food for sale.
Proposed law shall be known as the "Louisiana Cottage Food Law".
Proposed law creates within the Louisiana Department of Agriculture and Forestry (LDAF)
the Home-Based Processor Program ("program") for the purpose of stimulating local and
small-scale food production in La. while protecting the health and safety of consumers.
Proposed law requires LDAF to promulgate in accordance with the APA all rules as are
necessary to implement the program. Provides that the rules shall provide for and ensure,
at minimum, all of the following:
(1)Compliance by home-based processor with the federal food safety requirements
provided in the Good Manufacturing Practices regulations, 21 CFR 110 et seq.
(2)Limiting authorization of home-based commercial production to production of only
those foods designated in rule as "low-risk". The department may define and
designate such low-risk foods, which may include the following:
(a)Baked goods.
(b)Candies.
(c)Dried mixes.
(d)Honey and honeycomb products. HLS 14RS-1332 ORIGINAL
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(e)Jams and jellies.
(f)Pickles and acidified foods.
(g)Sauces, syrup, and other liquids.
(h)Spices.
(3)An application and permitting process.
(4)An inspection and testing process to ensure food safety.
(5)Penalties and enforcement.
Proposed law authorizes LDAF to provide in program rules for food labeling requirements.
Proposed law provides that eligibility for the program shall be limited to preparers of foods
made at home for sale whose gross annual sales equal $50,000 or less.
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, honeycomb products, cakes, and cookies in
the home for sale. Proposed law revises present law to provide that no such food preparation
regulations shall apply to any home-based preparer of duly permitted in accordance with
proposed law.
Proposed law deletes provisions in present law that would become inoperable pursuant to
proposed law.
Proposed law stipulates that implementation of the program provided for in proposed law
shall occur no sooner than July 1, 2015. Provides further that implementation of the
program shall also be subject to appropriation of funds to LDAF.
Effective Jan. 1, 2015.
(Amends R.S. 40:4.9(A); Adds R.S. 3:251-260; Repeals R.S. 40:4.9(B) and (C))