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2009 House Bill 5280: Exempt “cottage food” from licensure but require labels

Public Act 112 of 2010

  1. Introduced by Rep. John Proos, IV (R) on August 26, 2009, 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 House Agriculture Committee on August 26, 2009.
      • Reported in the House on June 9, 2010, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
    • Substitute offered in the House on June 15, 2010, 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 in the House on June 15, 2010.
  2. Passed 104 to 0 in the House on June 15, 2010, 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.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on June 16, 2010.
    • Referred to the Senate Agriculture and Bioeconomy Committee on June 16, 2010.
      • Reported in the Senate on July 1, 2010, with the recommendation that the bill pass.
  4. Passed 38 to 0 in the Senate on July 1, 2010.
    Who Voted "Yes" and Who Voted "No"

  5. Signed by Gov. Jennifer Granholm on July 12, 2010.

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