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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
food preparation; sale; cottage food
Purpose
Adds, to the cottage food products exemption, food products that are potentially hazardous or require time or temperature control for safety to the extent allowed by federal law. Prescribes sale and delivery requirements for cottage food products.
Background
The Department
of Health Services (DHS), by administrative rule, must prescribe reasonably
necessary measures to ensure that all food or drink provided for human
consumption is free from unwholesome, poisonous or other foreign substance and
filth, insects or
disease-causing organisms. The rules must include minimum standards for
sanitary facilities and the production, processing, labeling, storing,
handling, serving and transportation of these products. A cottage food product,
including fruit jams and jellies, dry mixes made with ingredients from approved
sources, honey, dry pasta and toasted nuts, that is prepared in a kitchen of a
private home for commercial purposes is excluded from the DHS rules if it is not
potentially hazardous or does not require time or temperature control for food
safety. The definition of cottage food product excludes foods that
require refrigeration, perishable baked goods, salsas, sauces, fermented and
pickled products, meat, fish and shellfish products, beverages, acidified food
products, nut butters or other reduced-oxygen packaged products.
Cottage food products
must be packaged at home with an attached label that: 1) clearly states the
food preparer's name and registration number; 2) lists all the ingredients in
the product; 3) the product's production date; 4) and a prescribed disclaimer.
If the product was made in a facility for individuals with developmental
disabilities, the label must also disclose that fact. The person preparing the
food or supervising the food preparation must complete a food handler training
course from an accredited program and maintain active certification. The food
preparer must register with an online registry established by DHS. The food
preparer must display the preparer's certificate of registration when operating
as a temporary food establishment (A.R.S.
§ 36-136).
This is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
Cottage Food Products
1. Adds, to the cottage food products exemption, food products that are potentially hazardous or require time or temperature control for safety.
2. Stipulates that cottage food products do not include beverages, unpasteurized milk or foods that are or contain alcoholic beverages, fish and shellfish products, meat, meat byproducts, poultry or poultry byproducts unless the sale of those items is allowed by federal law, including:
a) poultry, poultry byproducts or poultry food products if the producer raised the poultry in accordance with the 1,000 bird federal exemption;
b) poultry, poultry byproducts or poultry food products if the poultry is from an inspected source in accordance with federal regulations; and
c) meat, meat byproducts or meat food products if the meat is from an inspected source in accordance with federal regulations.
Sale and Delivery Requirements
3. Allows a food producer to sell cottage food products to the maximum extent allowed by federal law.
4. Requires cottage food products that do not contain dairy, meat or poultry to be sold by the food preparer or the agent of the food preparer, including a third-party vendor or carrier.
5. Requires cottage food products that are dairy products or that contain meat or poultry to be:
a) sold by the food preparer in person or remotely, including over the internet; and
b) delivered to the consumer in person.
6. Requires cottage food products, that are potentially hazardous or require time or temperature control for safety and are transported before final delivery to consumers, to be:
a) maintained at an appropriate temperature during transport;
b) not transported more than once; and
c) not transported longer than two hours.
7. Requires cottage food products, if sold by a third-party vendor, to be sold:
a) in a separate section of the store or on a separate display case from non-homemade food items; and
b) with a sign that indicates that the cottage food products are homemade and exempt from state licensing and inspection.
Enforcement
8. Requires DHS to adopt rules relating to cottage food products consistent with statute.
9. Allows DHS to enforce cottage food product requirements.
10. Stipulates that the cottage food products requirements:
a) are not more restrictive than applicable federal law;
b) do not impede DHS or a county from investigating any foodborne illness; and
c) do not change the requirements for brand inspections, animal health inspections or any food inspection required by state or federal law, or change the requirements for the sale of milk, milk products, raw milk or raw milk products in accordance with statute.
Miscellaneous
11. Exempts DHS from statutory rulemaking requirements for 18 months.
12. Makes technical changes.
13. Becomes effective on the general effective date.
House Action
RA 2/1/23 DP 7-0-0-0
3rd Read 2/21/23 52-8-0
Prepared by Senate Research
March 6, 2023
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