delivery.

Section 3. Exemptions from regulations -- transactions -- information required -- exceptions.

  1. (a) A state agency or an agency of a political subdivision of the state may not require licensure, permitting, certification, packaging, labeling, testing, sampling, or inspection that pertains to the preparation, serving, use, consumption, delivery, or storage of homemade food or a homemade food product under this chapter.
  2. This chapter does not preclude an agency from providing assistance, consultation, or inspection requested by a producer.
  3. A producer as defined in this chapter is not:
  4. a retail food establishment, a cottage food operation, or a temporary food establishment, as each term is defined in 50-50-102;
  5. a wholesale food manufacturing establishment, as defined in 50-57-102; or
  6. a dairy or a manufactured dairy products plant, as defined in 81-22-101.
  7. A producer is not subject to labeling, licensure, inspection, sanitation, or other requirements or standards of 30-12-301; Title 50, chapter 31; or Title 81, chapters 2, 9, 21, 22, or 23.
  8. Transactions pursuant to this chapter:
  9. must be directly between the producer and the informed end consumer;
  10. must be only for home consumption or consumption at a traditional community social event; and
  11. must occur only in this state and may not involve interstate commerce.
  12. Except as provided in subsection (7), a producer shall inform an end consumer that any homemade food or homemade food product sold through ranch, farm, or home-based sales pursuant to this chapter has not been licensed, permitted, certified, packaged, labeled, or inspected per any official regulations.
  13. Except for raw, unprocessed fruit and vegetables, homemade food shall not be sold or used in a retail food establishment, as defined in 50-50-102, unless the food has been licensed, permitted, certified, packaged, labeled, and inspected as required by law.
  14. Except as provided in subsection (6) and pursuant to [sections 1 through 3], a producer may donate homemade food or homemade food products to a traditional community social event.
  15. A producer may not donate milk to a traditional community social event.

Authorized Print Version – SB 199

ENROLLED BILL