Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H140 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3272 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 140
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Erika Uyterhoeven
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to promote economic opportunities for cottage food entrepreneurs.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Erika Uyterhoeven27th Middlesex1/17/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/6/2025 1 of 5
16	16	HOUSE DOCKET, NO. 3272 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 140
18	18	By Representative Uyterhoeven of Somerville, a petition (accompanied by bill, House, No. 140)
19	19	of Erika Uyterhoeven and Jacob R. Oliveira relative to cottage food entrepreneurs. Agriculture.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Fourth General Court
23	23	(2025-2026)
24	24	_______________
25	25	An Act to promote economic opportunities for cottage food entrepreneurs.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Section 1 of chapter 94 of the General Laws, as appearing in the 2022
29	29	2Official Edition, is hereby amended by inserting after the definition of “cosmetic” the following
30	30	3definitions:- “Cottage food operation”, in section 46A, the production of food by a person who
31	31	4produces cottage food products only in the home kitchen of that person’s domestic residence for
32	32	5retail sale directly to the consumer either in person, including but not limited to farmers markets,
33	33	6public events, and roadside stands, or by telephone, internet, or mail delivery.
34	34	7 “Cottage food product”, in section 46A, a food product determined by the department of
35	35	8public health to be a non-time/temperature controlled for safety food, including, but not limited
36	36	9to, baked goods, jams or jellies, and other non-time/temperature controlled for safety foods
37	37	10produced by a cottage food operation. The production of non-time/temperature controlled
38	38	11fermented foods shall be permitted if the producer uses a USDA-approved recipe or completes a
39	39	12food safety course approved by the department of public health. 2 of 5
40	40	13 SECTION 2. Said chapter 94 of the General Laws, as so appearing, is hereby further
41	41	14amended by inserting after section 46 the following section:-
42	42	15 Section 46A. (a) The department of public health shall establish uniform standards and
43	43	16rules for cottage food operations and the sale of cottage foods. These standards and rules shall
44	44	17apply to all local boards of health. Boards of health shall not impose more restrictive standards
45	45	18and rules than those required by the department of public health.
46	46	19 (b) The department of public health shall by regulation define categories of cottage food
47	47	20products that may be sold without requiring a permit from a local board of health.
48	48	21 (c) For cottage food products that require a permit from a local board of health to be sold,
49	49	22if a local board of health requires a pre-operational inspection, the inspection must occur within
50	50	2330 days of a person’s application for a permit.
51	51	24 (d) The department may issue a state permit to a cottage food operation if the local board
52	52	25of health in the jurisdiction where the cottage food operation is located does not issue permits to
53	53	26sell cottage food. State inspections shall not be required to obtain a permit.
54	54	27 (e) Other than requirements set forth in this section, a cottage food operation shall be
55	55	28exempt from permitting, licensing, inspection, packaging, and labeling requirements for food
56	56	29establishments set by state law, the department of public health, and local boards of health.
57	57	30 (f) This section shall not exempt a cottage food business from any applicable state or
58	58	31federal tax laws.
59	59	32 (g) Cottage food operations must provide the following information to the consumer:
60	60	33 (1) the cottage food operation’s name; 3 of 5
61	61	34 (2) the cottage food operation’s address or personal identification number;
62	62	35 (3) the common or usual name of the cottage food product;
63	63	36 (4) the ingredients of the cottage food product in descending order of predominance; and
64	64	37 (5) the following statement: “This product was produced at a private residence that is
65	65	38exempt from Massachusetts licensing and inspection requirements. This product may contain
66	66	39allergens.”
67	67	40 (h) The information required in subsection (g) shall be provided:
68	68	41 (1) on a label affixed to the package if the cottage food product is packaged;
69	69	42 (2) on a label affixed to the container, if the cottage food product is offered for sale from
70	70	43a bulk container;
71	71	44 (3) on a placard displayed at the point of sale, if the cottage food product is neither
72	72	45packaged nor offered for sale from a bulk container; or
73	73	46 (4) on the webpage on which the cottage food product is offered for sale if the cottage
74	74	47food product is offered for sale on the internet.
75	75	48 (5) If the cottage food product is sold by telephone or custom order, the seller need not
76	76	49display the information required by this section, but the seller must disclose to the consumer that
77	77	50the cottage food product is produced at residential kitchen that is exempt from state licensing and
78	78	51inspection requirements; and may contain allergens.
79	79	52 (i) The department of public health shall establish and maintain a voluntary cottage food
80	80	53operation registry. The voluntary cottage food operation registry shall allow the department of 4 of 5
81	81	54public health to issue personal identification numbers for cottage food product labels as an
82	82	55alternative to the cottage food operation’s address. The department of public health shall issue a
83	83	56personal identification number to cottage food operators who have submitted applications for the
84	84	57registry that are approved by the department of public health and have paid the registration fee.
85	85	58The department of public health may charge a one-time fee, not to exceed $25, to each cottage
86	86	59food operation registrant.
87	87	60 (j) The department of public health shall make available an application for the cottage
88	88	61food operation registry that provides for the following:
89	89	62 (1) the cottage food operator’s full name,
90	90	63 (2) the cottage food operation’s address,
91	91	64 (3) the cottage food operation’s primary telephone number, and
92	92	65 (4) the cottage food operation’s primary email address.
93	93	66 (k) The cottage food operation shall update the department of public health when there is
94	94	67a change to any of the registration details including their name, residential kitchen address,
95	95	68telephone number, and email address.
96	96	69 (l) The department of public health shall not require cottage food operators to register for
97	97	70a personal identification number.
98	98	71 (m) Nothing in this section shall be construed to impede the department of public health
99	99	72or local health boards from investigating a reported foodborne illness. 5 of 5
100	100	73 (n) Nothing in this section shall preclude the department of public health or local health
101	101	74boards from providing assistance, consultation, or an inspection at the request of the producer of
102	102	75a cottage food product.