State legislative sessions are currently active and at FTCLDF we are monitoring a number of bills relevant to our mission, and of interest to our members and their food production operations.
The following are food and food safety bills that were passed in the 2022 legislative session and the implications of each:
Connecticut
Connecticut passed a law that allows a 100% increase – from $25,000 to $50,000 – in annual revenue earned by a producer from the sale of homemade foods, i.e. cottage foods. Cottage food producers no longer need to obtain any licensing from the state unless their annual sales exceed the $50,000 threshold.
Georgia
Georgia now allows for the sale and delivery of raw milk by a producer directly to the “consuming public for the purpose of human consumption.” Producers need to obtain a permit from the state and meet various requirements that include periodic inspection of producers’ facilities, regular testing for disease prevention, sampling, labelling and other requirements.
Indiana
Indiana law now defines what a home-based food/cottage food vendor is and allows producers to sell non-potentially hazardous products direct to the consumer or through online and mail delivery. While a producer must obtain food handler training and a certificate, there are no sales limit, licensing, or inspection requirements to meet. The law also allows the sale of poultry, rabbits, and eggs at a farmer’s market or roadside stand if the vendor complies with certain requirements.
Kansas
Kansas passed a raw milk bill that continues to allow raw milk sales from the farm, but added requirements related to labeling and advertising. In an example of the power of participation, public outcry about lengthy container labeling stating the milk is unpasteurized and “…could contain bacteria that may cause foodborne illness,” led to a revision that resulted in a shortened label simply stating that the milk is raw and unpasteurized. In addition, prior prohibitions on off-farm advertising of raw milk have been removed.
Maryland
Maryland law on cottage food also saw a revenue cap change, increasing the annual amount a producer can sell from $25,000 to $50,000.
New Hampshire
New Hampshire law now allows producers of raw milk ice cream and frozen yogurt to sell their products without a license.
South Carolina
South Carolina amended its cottage food law to allow non-potentially hazardous food to be sold directly to retail stores, through online sales, or through mail orders directly to consumers.
South Dakota
South Dakota expanded its Food Freedom Law to allow for the direct sale of non-perishable cottage foods, and the sale of perishable foods subject to certain requirements. Additionally, there is no annual sales limit.
Tennessee
Tennessee enacted the TN Food Freedom Act allowing producers of homemade food to sell their products without having to obtain a permit or license.
The above is not an exhaustive list of the food laws enacted in 2022 but represents those that are most aligned with our mission and our members’ needs.
As mentioned earlier, Farm-to-Consumer Legal Defense Fund is monitoring a number of bills in the current legislative session and mobilizing our resources as needed to impact the outcome.
Among other steps, we send Action Alerts to members letting you know when public comment is being sought by legislators, or when a bill is scheduled for a hearing before a legislative body where public testimony is invited.
These opportunities to make your voice heard are crucial. They help educate legislators on the pros and cons and real-world impacts of a bill, can affect the direction of a bill, and can result in amendments to a bill containing problematic language. In sum, our efforts combined with yours can result in real change!
Visit our Action Alerts on our website and watch for our emails letting you know when and how to make your voice heard. If you are not currently receiving our Action Alerts, please subscribe to our email list. If you are not yet a member, we need everyone to #joinus!
This is just another way that the FTCLDF fights for farmers, artisanal producers, homesteaders, and consumers and works to increase food freedom across the country.
We could not do this important work without our members, so thank you for your support! Let’s work together to advocate independent farmers, cottage food producers and a fair and robust food system!