2009 House Bill 5280 / 2010 Public Act 112

Exempt “cottage food” from licensure but require labels

Introduced in the House

Aug. 26, 2009

Introduced by Rep. John Proos (R-79)

To exempt a “cottage food operation,” defined as a person who produces or packages “non-potentially hazardous food” in a kitchen of that person's primary domestic residence, from the licensure and regulation mandates that apply to regular commercial food producers. “Non-potentially hazardous food” would be defined as “baked goods, jams, jellies, candy, snack food, cereal, granola, dry mixes, vinegar, and dried herbs. It would not include home-canned low-acid or acidified vegetables, home-canned salsa, or home-canned food; food service items; ready-to-eat meals, meat, sandwiches, cheese, or custard pies; garlic in oil; food that requires temperature control for safety; and bottled water, home-produced ice products, and other beverages and products.

Referred to the Committee on Agriculture

June 9, 2010

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

June 15, 2010

Substitute offered

To replace the previous version of the bill with one that revises various details, and also divides the provisions between this bill and House Bills 5837 and 5843.

The substitute passed by voice vote

Passed in the House 104 to 0 (details)

To impose a new labeling mandate on sales of “cottage food” produced in a home kitchen. The labels would require much of the same information as is on regular commercial food labels. However, other bills in the package would exempt cottage producers who sell less than $15,000 annually from the licensure and regulation mandates that apply to regular commercial food producers, but this would only extend to “non-potentially hazardous" food. See also House Bills 5837 and 5843.

Received in the Senate

June 16, 2010

Referred to the Committee on Agriculture and Bioeconomy

July 1, 2010

Reported without amendment

With the recommendation that the bill pass.

Passed in the Senate 38 to 0 (details)

Signed by Gov. Jennifer Granholm

July 12, 2010