Tell Senate Committee Members to Vote YES on HB 1032
House Bill 1032 (HB 1032) also known as the Homemade Food Freedom Act has passed out of the House and is now before the Senate Agriculture and Wildlife Committee and is scheduled for a hearing on March 29 at 10:00am. HB 1032 would allow the sale without regulation of all “non-time- or -temperature-controlled for safety” (NTTCS) homemade foods and some “time- or temperature-controlled for safety” (TTCS) foods as well.
NTTCS foods, in addition to producer direct to consumer sales, can be sold by third-party vendors at venues such as retail or grocery stores, farmers markets, and buying clubs. Under a current law, homemade food can only be sold direct to consumers at farmers markets and food cooperatives. TTCS foods can only be sold direct to the consumer which, like the NTTCS requirements, does include sales made via the internet or by phone. TTCS foods like those with pasteurized dairy or eggs as an ingredient can be sold under the bill; meat, poultry, seafood, and foods with meat, poultry, and seafood as an ingredient cannot be sold under the bill. Producers could make prepared meals for the customers under HB 1032.
Before producers can sell under the bill, they must complete and pass food safety training that does not exceed eight hours. The gross sales cap for homemade food producers is currently $20,000; HB 1032 would raise that to $75,000.
There are labeling requirements for producers including a statement on the label declaring that “this product is produced in a private residence that is exempt from government licensing and inspection”; the label must contain a statement indicating the presence of any of the most common allergens including milk, eggs, peanuts, tree nuts, soy, and wheat. Homemade food produced under HP 1032 can be sold in interstate commerce as long as the producer is in compliance with federal labeling requirements.
If there is a consumer complaint against a producer, the Oklahoma Department of Agriculture, Food and Forestry does have jurisdiction to require proof of completion of food safety training, verify a producer’s gross sales, and ensure the producer has complied with the bills labeling and delivery requirements. The bill expressly states that nothing in it shall impede the state department of health in an investigation of a reported foodborne illness. Counties can enact ordinances regulating the operation of homemade food establishments, but only provided such ordinances don’t ”conflict with the provisions of the Homemade Food Freedom Act or impede or restrict the sale of homemade food products in compliance with the law.” Help expand access to locally produced food.
ACTION TO TAKE
Call and/or email all members of the Senate Agriculture and Wildlife Committee asking them to vote YES on HB 1032. Calls are best but please do both. You can use any of the Talking Points below. Member contact information is listed at the end of this email.
1. There is great demand for locally produced foods. Passage of HB 1032 will increase access to local food for state residents.
2. The bill would expand markets for homemade food producers, increasing sales with minimal regulation and expense.
3. There are 49 states with cottage foods (homemade) laws; some of which allow the sale of more foods than HB 1032 proposes to. Reports of illnesses attributed to producers operating under these laws are almost nonexistent. Homemade foods have a great track.
4. Passage of HB 1032 will keep more of the food dollar in the community enhancing the local economy. WAPF will send out further alerts on HB 1032 as events warrant. COMMITTEE MEMBERS Oklahoma Senate Agriculture and Wildlife Committee member profiles are displayed online at https://oksenate.gov/committees/agriculture-and-wildlife
By clicking on each profile photo, you can reach the Senator’s email link to a portal.
CHAIR: Casey Murdock
VICE CHAIR: Roland Pederson
Mary B. Boren (D – District 16)
David Bullard (R – District 6)
George Burns (R – District 5)
J.J. Dossett (D – District 34)
Tom Dugger (R – District 21)
Brent Howard (R – District 38)
Chris Kidd (R – District 31)
James Leewright (R – District 12)
Dewayne Pemberton (R – District 9)
Blake Stephens (R – District 3)
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