2010 House Bill 5837 / Public Act 113

Exempt certain “cottage food operations” from licensure

Introduced in the House

Feb. 17, 2010

Introduced by Rep. Pam Byrnes (D-52)

To exempt a “cottage food operation,” defined as a person who annually produces or packages less than $15,000 worth of “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-1) 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 5280 and 5843.

The substitute passed by voice vote

Passed in the House 104 to 0 (details)

To exempt a “cottage food operation,” defined as a person who annually produces or packages less than $15,000 worth of “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 food that requires temperature control for safety; meat and poultry products; salsa; milk products; bottled water and other beverages; home-produced ice products and more.

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)

To exempt a “cottage food operation,” defined as a person who annually produces or packages less than $15,000 worth of “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. See also House 5280, which whould impose a new labeling mandate on these products, similar to what is required on regular commercial food labels.

Signed by Gov. Jennifer Granholm

July 12, 2010