Signed by Governor Asa Hutchinson

Vote Smart's Synopsis:

Vote to pass a bill that exempts certain producers of homemade food or drink products from licensure, certification, or inspection.

Highlights:

• Defines “homemade food or drink product” means a food or drink product that is processed at the private residence of the producer, including a farm or ranch where the producer resides, that is exempt from state licensure, inspection, certification, and packaging and labeling requirements, and that is non-time/temperature control for safety food (Sec. 3-20-57-503-3).

• Authorizes a producer’s production and sale of homemade food or drink products for an informed end consumer and to encourage the expansion of agricultural sales at farmers' markets, ranches, farms, and producers’ homes or offices by (Sec. 3-20-57-502):

• Facilitating the purchase and consumption of fresh and local agricultural products;

• Enhancing the agricultural economy; and

• Providing citizens of Arkansas with unimpeded access to healthy food and drink products from known sources.

• Exempts homemade food or drink products produced and sold from state licensure, certification, inspection, and packaging and labeling requirements (Sec. 3-20-57-504.a).

• Requires the following information to be provided to inform the consumer (Sec. 3-20-57-505.a):

• The date that the homemade food or drink product was manufactured, produced, or processed;

• The name, address, and telephone number of the producer of the homemade food or drink product, or an identification number provided by the Department of Agriculture if requested by the producer to protect the producer's safety;

• The common or usual name of the homemade food or drink product;

• The ingredients of the homemade food or drink product in descending order of predominance; and

• The following statement: "This product was produced in a private residence that is exempt from state licensing and inspection. This product may contain allergens."

• Requires the information to inform consumers to be provided on (Sec. 3-20-57-505.b):

• A label affixed to the:

• Package if the homemade food or drink product is packaged; or

• Container and a separate written document provided to the informed end consumer upon sale if the homemade food or drink product is offered for sale from a bulk container;

• A placard displayed at the point of sale if the homemade food or drink product is not packaged or offered for sale from a bulk container; or

• The website on which the homemade food or drink product is offered for sale if the product is offered for sale online.

• Specifies this law does not do the following (Sec. 3-20-57-507.a):

• Impede the Department of Health in any investigation of food-borne illness;

• Change the requirements for brand inspection or animal health inspections;

• Preclude an agency from providing assistance, consultation, or inspection, at the request of the producer;

• Preclude the production or sale of food items otherwise allowed by law, including without limitation incidental sales of milk that has not been pasteurized;

• Change the regulation of other goods and services where homemade food or drink products are also produced or sold;

• Exempt producers or sellers of homemade food or drink products from any applicable:

• Tax law;

• Fishing or hunting law;

• Federal law, including any federal law prohibiting the sale of certain food items in interstate commerce; or

• Another state's laws; or

• Conflict with the authority of the department to ensure food is not adulterated or misbranded.

Full Bill Text