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DAVID DILLS, Lakeshore Farmers Mkt.

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CALIFORNIA HOMEMADE FOOD ACT - 2012/10/05 11:29 October 3, 2012

To our awesome vendors and customers at the Lakeshore Farmers Market:

On September 21, 2012, Governor Edmund G. Brown Jr. signed AB 1616, the CALIFORNIA HOMEMADE FOOD ACT. This is great news for the Lakeshore Farmers Market and the entrepreneurs in our valley!

AB 1616 allows a limited list of foods to be produced for sale out of a residential kitchen. The bill amends the California Retail Food Code (CRFC) to include a cottage food operation, as defined, that is registered or has a permit within the private home exemption of the CRFC.

This new law goes into effect January 1, 2013 and opens the door to encourage local Kern Valley residents to create new food products to sell at our farmers market.

Please read the bill and investigate the requirements necessary to register your home kitchen as a cottage food operation within Kern County. To sell your product, produced under AB 1616, at the Lakeshore Farmers Market, vendors are required to provide a copy of their Kern County registration (Class A) and/or permit (Class , and three months later, the vendor’s evidence of food processor course attendance.

I have pasted the URL’s necessary to continue your own research about this bill at the bottom of the page. A short summary and selected sections of the bill are provided for those who do not have easy access to a computer.

Enjoy and get inspired!

Kate DeVries, Vice President, Kern Valley Growers Association.

Some of the foods included in the bill are 114365.5.(b)
(1) Baked goods without cream, custard, or meat fillings, such as breads, biscuits, churros, cookies, pastries, and tortillas.
(2) Candy, such as brittle and toffee.
(3) Chocolate-covered nonperishable foods, such as nuts and dried fruit.
(4) Dried fruit.
(5) Dried pasta.
(6) Dry baking mixes.
(7) Fruit pies, fruit empanadas, and fruit tamales.
(8) Granola, cereals, and trail mixes.
(9) Herb blends and dried mole paste.
(10) Honey and sweet sorghum syrup.
(11) Jams, jellies, preserves, and fruit butter that comply with the standard described in Part 150 of Title 21 of the Code of Federal Regulations.
(12) Nut mixes and nut butters.
(13) Popcorn.
(14) Vinegar and mustard.
(15) Roasted coffee and dried tea.
(16) Waffle cones and pizelles.

A home food facility will be called a cottage food operation (CFO) and will be permitted, for a fee, as either a Class A or Class B CFO. A Class A permit is a “registration” that allows direct sales by the CFO operator. The initial “registration” does require a self-certification document providing verification that your home kitchen complies with the statute. Class A registration shall not be subject to initial or routine inspections of your home kitchen. A Class B permit is a “permit” that allows both direct sales by the CFO operator and indirect sales of a product by a third party retailer. A Class B “permit” does require an initial home kitchen inspection with annual inspections thereafter.

Health and Safety Code SEC. 7 Section 113758. (b)
(4) “Direct sale” means a transaction between a cottage food operation operator and a consumer, where the consumer purchases the cottage food product directly from the cottage food operation.
Direct sales include, but are not limited to, transactions at holiday bazaars or other temporary events, such as bake sales or food swaps, transactions at farm stands, certified farmers’ markets, or through community-supported agriculture subscriptions, and transactions occurring in person in the cottage food operation.
(5) “Indirect sale” means an interaction between a cottage food operation, a third-party retailer, and a consumer, where the consumer purchases cottage food products made by the cottage
food operation from a third-party retailer that holds a valid permit issued pursuant to Section 114381. Indirect sales include, but are not limited to, sales made to retail shops or to retail food facilities where food may be immediately consumed on the premises.

Health and Safety Code Division 104 Part 7 SEC. 13 Chapter 11.5 114365. (a)
(1) (A) A “Class A” cottage food operation shall not be open for business unless it is registered with the local enforcement agency and has submitted a completed, self-certification checklist approved by the local enforcement agency. The self-certification checklist shall verify that the cottage food operation conforms to this chapter.

(2) (A) A “Class B” cottage food operation shall not be open for business unless it obtains a permit from the local enforcement agency in a manner approved by the local enforcement agency to engage in the direct and indirect sale of cottage food products.
((ii) The local enforcement agency shall issue a permit number after an initial inspection has determined that the proposed “Class B” cottage food operation and its method of operation conform to this chapter.
(C) Except as provided in this subparagraph, a “Class B” cottage food operation shall not be subject to more than one inspection per year by the local enforcement agency.
(D) (i) A “Class B” cottage food operation shall be authorized to engage in the indirect sales of cottage food products within the county in which the “Class B” cottage food operation is permitted.
(ii) A county may agree to allow a “Class B” cottage food operation permitted in another county to engage in the indirect sales of cottage food products in the county.

(b) A registration or permit, once issued, is nontransferable. A registration or permit shall be valid only for the person, location, type of food sales, and distribution activity specified by that
registration or permit, and, unless suspended or revoked for cause, for the time period indicated.

AB 1616 requires a person who prepares or packages cottage food products to complete a food processor course, of no more than four hours, instructed by Department of Public Health within three months of registration.

Labeling requirements for cottage food products require a food facility that serves a
cottage food product to identify it as homemade.

114365.2. (e) A cottage food operation shall properly label all cottage food products in compliance with the Federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 343 et seq.). Additionally, to the extent permitted by federal law, the label shall include, but is not limited to, all of the following:
(1) The words “Made in a Home Kitchen” in 12-point type on the cottage food product’s primary display panel.
(2) The name commonly used for the food product or an adequately descriptive name.
(3) The name of the cottage food operation which produced the cottage food product.
(4) The registration or permit number of the “Class A” or “Class B” cottage food operation, respectively, which produced the cottage food product and, in the case of a “Class B” cottage food operation, the name of the county of the local enforcement agency that issued the permit number.
(5) The ingredients of the cottage food product, in descending order of predominance by weight, if the product contains two or more ingredients.

Short summary of the bill’s components:

Two locations on the internet to read the AB 1616 text:
  1. http://www.theselc.org/wp-content/uploads/2011/12/FINAL-ab_1616_bill_20120905_enrolled.pdf

  2. http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml

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