Louisiana 2025 2025 Regular Session

Louisiana House Bill HB150 Comm Sub / Analysis

                    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)]
HB 150 Original	2025 Regular Session	Coates
Abstract: Provides for the production and sale of homemade food to consumers and retailers.
Present law states that an individual may sell and produce low-risk food made and packaged in the
individual's home.
Present law authorizes the production and sale of homemade food that does not require time or
temperature control for safety to limit pathogenic microorganism growth or toxin formation.
 
Proposed law changes present law by changing the term "low-risk foods" to "non-potentially
hazardous food" and creating the term "potentially hazardous food". 
Proposed law defines "homemade food" as food that is produced and packaged at home. 
Proposed law defines "non-potentially hazardous food" as homemade food that does not require time
or temperature control for safety to limit pathogenic microorganism growth or toxin formation.
Proposed law defines "potentially hazardous food" as homemade food that requires time or
temperature control for safety to limit pathogenic microorganism growth or toxin formation.
Proposed law modifies present law by expanding the types of homemade food that may be sold and
removing specific references to custards, pies, cakes, and cookies. 
Present law states that provisions of the Sanitary Code or any other law or regulation that governs
food production except for present law shall apply to the production and sale of homemade food. 
Proposed law retains present law. 
Present law provides that a preparer of homemade food for sale shall maintain food production areas
and equipment in a clean sanitary manner.
Proposed law retains present law.
Present law requires a preparer of homemade food to exclude pets from any part of the residence
where homemade food items are prepared. 
Proposed law modifies present law stating that a preparer of homemade food must exclude pets from
any part of the residence where homemade food items are prepared while the food item is being prepared. 
Proposed law states that a homemade food may be sold in person or remotely via the internet or
telephone. 
Present law requires a homemade food preparer to use only pasturized milk products when preparing
homemade food for sale. 
Proposed law retains present law. 
Present law requires a homemade food preparer to label clearly stating that the homemade food for
sale was not produced in a licensed or regulated facility.
Proposed law retains present law and adds that a homemade food preparer shall include on the label
the preparer's name, address, and telephone number and the ingredients, in descending order of
predominance, of the homemade food.
Present law creates an exception to the labeling requirement for raw honey offered for sale if the
honey is not pasteurized, filtered, or otherwise processed to remove natural pollen contained in the
honey. 
Proposed law retains present law. 
Present law prohibits a preparer from selling a homemade food if it contains cannabidiol or
tetrahydrocannabinol. 
Proposed law retains present law. 
Present law prohibits an individual from selling a homemade food unless he registers to collect any
applicable sales or use tax, as evidenced by a current sales tax certificate issued to the seller by the
sales and use tax collector for the parish in which the sales occur.  
Proposed law modifies present law by prohibiting an individual from selling homemade food unless
he collects any applicable sales or use tax.
Present law states that present law shall not apply to a homemade food preparer whose gross annual
sales of homemade food equals $30,000 or more. 
Proposed law repeals present law. 
Proposed law establishes requirements for delivering potentially hazardous food including delivery
and time limitations in order to promote safe food handling. 
Proposed law states that a preparer of potentially hazardous food shall not sell a potentially
hazardous food to an individual or retailer for resale.  Proposed law states that a preparer of non-potentially hazardous food may sell and ship a non-
potentially hazardous food to an individual or retailer for resale. 
Present law provides an illustrative list of low-risk foods. 
Proposed law expands the illustrative list of non-potentially hazardous foods. 
Proposed law establishes a warning followed by a $100 penalty issued by the La. Dept. of Health
(LDH) for violating proposed law.
Proposed law states that proposed law shall not interfere with LDH's authority to investigate and
respond to a report of foodborne illness, including issuing an order to a preparer to cease selling food
that is unwholesome.
(Adds R.S. 40:4.13; Repeals R.S. 40:4.9)