BILL REQ. #:  S-1383.2 

READ FIRST TIME 02/15/11.   

     AN ACT Relating to cottage food operations; amending RCW 69.07.010, 69.07.080, and 69.07.100; and adding a new section to chapter 69.07 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 69.07 RCW to read as follows:
     (1) A cottage food operation is exempt from the licensing and evaluation provisions of this chapter. This exemption does not include an exemption from the adulteration and other standards imposed in this chapter and does not limit the ability of the department to take appropriate enforcement action. This subsection does not require a cottage food operation to meet the standards contained in 21 C.F.R. Sec. 110 as it exists on the effective date of this section or the 2005 federal food code, or both.
     (2) Cottage food products must be prepackaged and properly labeled before sale.
     (3) A cottage food operation must place on the label of any food it produces or packages, at a minimum, the following information:
     (a) The name and address of the business of the cottage food operation;
     (b) The name of the cottage food product;
     (c) The ingredients of the cottage food product, in descending order of predominance by weight;
     (d) The net weight or net volume of the cottage food product;
     (e) Allergen labeling as specified by federal labeling requirements;
     (f) If any nutritional claim is made, appropriate labeling as specified by federal labeling requirements;
     (g) The following statement printed in at least the equivalent of eleven-point font size in a color that provides a clear contrast to the background: "Made in a home kitchen that has not been inspected by the Washington department of agriculture."
     (4) Cottage food products may be sold directly from the cottage food operation to the consumer only, and not by internet or mail order. Sales by consignment or at wholesale are prohibited.
     (5) The gross sales of cottage food products may not exceed fifteen thousand dollars annually. The determination of the fifteen thousand dollar annual gross sales shall be computed on the basis of the amount of gross sales within or at a particular domestic residence and shall not be computed on a per person basis within or at that domestic residence. The department may request in writing documentation to verify the annual gross sales figure.
     (6) Cottage food products must be stored only in the primary domestic residence.
     (7) An exemption under this section does not affect the application of any other state or federal laws or any applicable ordinances enacted by any local unit of government.
     (8) In order to receive the exemption under this chapter, a cottage food operation must register annually with the department. The fee for registering is ten dollars annually. The cottage food operation must provide the department with the name of the operation, its address, and the types of cottage food products produced or packaged.

Sec. 2   RCW 69.07.010 and 1992 c 34 s 3 are each amended to read as follows:
     ((For the purposes of)) The definitions in this section apply throughout this chapter((:)) unless the context clearly requires otherwise.
     (1) "Department" means the department of agriculture of the state of Washington((;)).
     (2) "Director" means the director of the department((;)).
     (3) "Food" means any substance used for food or drink by any person, including ice, bottled water, and any ingredient used for components of any such substance regardless of the quantity of such component((;)).
     (4) "Sale" means selling, offering for sale, holding for sale, preparing for sale, trading, bartering, offering a gift as an inducement for sale of, and advertising for sale in any media((;)).
     (5) "Food processing" means the handling or processing of any food in any manner in preparation for sale for human consumption: PROVIDED, That it shall not include fresh fruit or vegetables merely washed or trimmed while being prepared or packaged for sale in their natural state((;)).
     (6) "Food processing plant" includes but is not limited to any premises, plant, establishment, building, room, area, facilities and the appurtenances thereto, in whole or in part, where food is prepared, handled or processed in any manner for distribution or sale for resale by retail outlets, restaurants, and any such other facility selling or distributing to the ultimate consumer: PROVIDED, That, as set forth herein, establishments processing foods in any manner for resale shall be considered a food processing plant as to such processing((;)).
     (7) "Food service establishment" shall mean any fixed or mobile restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill, tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, night club, roadside stand, industrial-feeding establishment, retail grocery, retail food market, retail meat market, retail bakery, private, public, or nonprofit organization routinely serving food, catering kitchen, commissary or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge.
     For the purpose of this chapter any custom cannery or processing plant where raw food products, food, or food products are processed for the owner thereof, or the food processing facilities are made available to the owners or persons in control of raw food products or food or food products for processing in any manner, shall be considered to be food processing plants((;)).
     (8) "Person" means an individual, partnership, corporation, or association.
     (9) "Cottage food operation" means a person who produces or packages cottage food products only in a kitchen of that person's primary domestic residence in Washington.
     (10) "Cottage food product" means a food that is not a potentially hazardous food. Examples of cottage food products include, but are not limited to, jams, jellies, dried fruit, candy, cereal, granola, dry mixes, vinegar, dried herbs, and baked goods that do not require temperature control for safety. Cottage food product does not include all potentially hazardous food regulated under 21 C.F.R. Secs. 113 and 114 as they exist on the effective date of this section, examples of which include, but are not limited to, meat and poultry products; salsa; milk products; bottled water and other beverages; and home-produced ice products. Cottage food product also does not include canned low-acid fruits or acidified vegetables and other canned foods except for jams, jellies, and preserves as defined in 21 C.F.R. Sec. 150 as it exists on the effective date of this section.
     (11) "Domestic residence" means a single-family dwelling or an area within a rental unit where a single person or family actually resides. Domestic residence does not include:
     (a) A group or communal residential setting within any type of structure; or
     (b) An outbuilding, shed, barn, or other similar structure.

Sec. 3   RCW 69.07.080 and 1969 c 68 s 3 are each amended to read as follows:
     For purpose of determining whether the rules adopted pursuant to RCW 69.07.020, as now or hereafter amended are complied with, the department shall have access for inspection purposes to any part, portion or area of a food processing plant or cottage food operation, and any records required to be kept under the provisions of this chapter or rules ((and regulations)) adopted hereunder. Such inspection shall, when possible, be made during regular business hours or during any working shift of said food processing plant or cottage food operation. The department may, however, inspect such food processing plant or cottage food operation at any time when it has received information that an emergency affecting the public health has arisen and such food processing plant or cottage food operation is or may be involved in the matters causing such emergency.

Sec. 4   RCW 69.07.100 and 2002 c 301 s 10 are each amended to read as follows:
     (1) The provisions of this chapter shall not apply to establishments issued a permit or licensed under the provisions of:
     (((1))) (a) Chapter 69.25 RCW, the Washington wholesome eggs and egg products act;
     (((2))) (b) Chapter 69.28 RCW, the Washington state honey act;
     (((3))) (c) Chapter 16.49 RCW, the Meat inspection act;
     (((4))) (d) Chapter 77.65 RCW, relating to the direct retail endorsement for wild-caught seafood;
     (((5))) (e) Title 66 RCW, relating to alcoholic beverage control; and
     (((6))) (f) Chapter 69.30 RCW, the Sanitary control of shellfish act. However, if any such establishments process foods not specifically provided for in the above entitled acts, such establishments shall be subject to the provisions of this chapter.
     (2) The provisions of this chapter shall not apply to restaurants or food service establishments.
     (3) The provisions of this chapter do not apply to cottage food operations registered under this chapter.